Digital Commons Network^™

Creating North Carolina Populism, 1900-1960, Part 1: The Progressive Era Project, 1900-1930, James L. Hunt

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In his preface to Origins of the New South, 1877–1913 (1951), C. Vann Woodward quoted historian Arnold J. Toynbee’s boyish celebration of the British Empire. On the occasion of Queen Victoria’s Diamond Jubilee, Toynbee thought, “Well, we are top of the world, and we have arrived at this peak to stay there—forever! There is, of course, a thing called history, but history is something unpleasant that happens to other people.” As for American history, Toynbee thought a New Yorker would have felt the same way. But “if I had been a small boy in 1897 in the Southern part of …

Fraying The Knot: Marital Property, Probate, And Practical Problems With Tribal Bans, Suzianne D. Painter-Thorne

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In the summer of 2015, marriage equality advocates celebrated the Supreme Court’s decision in Obergefell v. Hodges, which struck down state prohibitions on same-sex marriage.The Court found that “[t]he right of same-sex couples to marry . . . is part of the liberty promised by the Fourteenth Amendment.” Two years earlier, the Court had struck down parts of the federal Defense of Marriage Act (DOMA), finding that the federal government could not discriminate against same-sex married partners. With these two decisions, the Court ensured that the marriages of same-sex couples would be recognized by the federal government and in …

Who’S Afraid Of Uber?, Jeremy Kidd

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Ride-sharing has disrupted the transportation-for-hire industry, breaking down barriers to entry that have protected entrenched incumbents for decades. The disruption has led to calls for increased regulation, along with criticisms about the effect of innovation on consumer safety, market stability, rule of law, and other areas. That disruption, however, has also led to tremendous benefits to consumers as they are freed from a regulatory regime that limited their transportation choices and forced them to pay higher prices for lower quality service. The same type of disruptive innovation is upon us in almost every area of our economy. How we deal …

Smart Cities At Play: Technology And Emerging Forms Of Playfulness, Konstantinos Papangelis, Michael Saker, Catherine Jones

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Editorial. No abstract is available.

The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman

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No abstract provided.

The Effects Of Anti-Immigrant Laws In The U.S. On Victims Of Domestic Violence, Sexual Assault, And Human Trafficking: A Gender-Based Human Rights Analysis, Caroline Bettinger-López, Jamila Flomo, Amanda Suarez

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No abstract provided.

Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna

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No abstract provided.

Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church

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Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant evidence suggesting a meaningful return on investment. This Article argues that without a change in the values held by the system, increased funding will not address the public health problems of child abuse and neglect.

Lumping, Fairness, And Single People, Michael C. Pollack

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This essay explores the distributional impact that three forms of lumping have on single people without children: seat-assignment and seat-bargaining on public transportation, work-hour allocation, and single-family zoning. The first two involve lumps pursued by individuals outside of any legal regime; the last involves lumping by law. In all three, I submit, we tend to choose to devalue—or perhaps do not even perceive—the costs faced by the single person, and to assign relatively juiced-up value to the costs faced by those with families. The result in these arenas is that both society and law routinely externalize (hidden) costs onto single …

Coronavirus, Telecommuting, And The ‘Employer Convenience’ Rule, Edward A. Zelinsky

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In this article, Zelinsky criticizes New York’s income tax penalty for nonresident telecommuters, particularly in the context of the coronavirus emergency.

Capturing The City’S Heritage On-The-Go: Design Requirements For Mobile Crowdsourced Cultural Heritage, Bas Hannewijk, Federica Lucia Vinella, Vassilis-Javed Khan, Ioanna Lykourentzou, Konstantinos Papangelis, Judith Masthoff

Articles

Intangible Cultural Heritage is at a continuous risk of extinction. Where historical artefacts engine the machinery of intercontinental mass-tourism, socio-technical changes are reshaping the anthropomorphic landscapes everywhere on the globe, at an unprecedented rate. There is an increasing urge to tap into the hidden semantics and the anecdotes surrounding people, memories and places. The vast cultural knowledge made of testimony, oral history and traditions constitutes a rich cultural ontology tying together human beings, times, and situations. Altogether, these complex, multidimensional features make the task of data-mapping of intangible cultural heritage a problem of sustainability and preservation. This paper addresses a …

Corporate Law And The Myth Of Efficient Market Control, William Wilson Bratton, Simone M. Sepe

Articles

In recent times, there has been an unprecedented shift in power from managers to shareholders, a shift that realizes the long-held theoretical aspiration of market control of the corporation. This Article subjects the market control paradigm to comprehensive economic examination and finds it wanting.

The market control paradigm relies on a narrow economic model that focuses on one problem only: management agency costs. With the rise of shareholder power, we need a wider lens that also takes in market prices, investor incentives, and information asymmetries. General equilibrium (GE) theory provides that lens. Several lessons follow from reference to this higher-order …

Three-Phase Hydrodynamic Simulation And Experimental Validation Of An Upflow Anaerobic Sludge Blanket Reactor, Camila D' Bastiani, Jéferson Luis Alba, Gabriel Tomazzoni Mazzarotto, Severino Rodrigues De Farias Neto, Anthony Reynolds, David Kennedy, Lademir Luiz Beal

Articles

This research focuses on performing multiphase solid/liquid/gas CFD simulations of a UASB reactor in order to obtain a validated model that provides a clearer understanding of the hydrodynamic behaviour of the three phases in UASB reactors. Eulerian–Eulerian, laminar, three-dimensional, multiphase simulations are carried out using Fluent 16.2. The liquid phase velocity and flow profile are validated through PIV experiments. A liquid mean velocity difference of 8.45% is found between the experimental and numerical results, thus validating the CFD model. Shadowgraphy is applied successfully to validate the biogas phase velocity and bubble size. Based on the hydrodynamic analysis results, the reactor …

Phenology-Dependent Cold Exposure And Thermal Performance Of Ostrinia Nubilalis Ecotypes, Crista B. Wadsworth, Yuta Okada, Erik B. Dopman

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Background Understanding adaptation involves establishing connections between selective agents and beneficial population responses. However, relatively little attention has been paid to seasonal adaptation, in part, because it requires complex and integrative knowledge about seasonally fluctuating environmental factors, the effects of variable phenology on exposure to those factors, and evidence for temporal specialization. In the European corn borer moth, Ostrinia nubilalis, sympatric pheromone strains exploit the same host plant (Zea mays) but may genetically differ in phenology and be reproductively “isolated by time.” Z strain populations in eastern North America have been shown to have a prolonged larval diapause and produce …

Sport Diplomacy And Uk Soft Power: The Case Of Mount Everest, Richard Woodward

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Sport is widely acknowledged as an important contributor to the United Kingdom’s soft power resources. This article aims to broaden and deepen our understanding of sport and soft power in the United Kingdom through a case study of British expeditions to, and the eventual conquest of, Mount Everest. Based on original archival research, the article demonstrates that British state institutions intervened systematically and strategically to expedite, and massage the story of, the ascent of Everest to burnish British prestige and present a favourable image to the world. In doing so, the article provides evidence that sport has been intrinsic to …

The Influence Of Road Geometry On Vehicle Rollover And Skidding, Yanna Yin, Huiying Wen, Lu Sun, Wei Hou

Articles

This paper analyzes the influence of single and combined unfavorable road geometry on rollover and skidding risks of D-class mid-sized sport utility vehicles (SUVs) with front-wheel drive for roads with design speeds at 80 km/h. A closed-loop simulation model of human-vehicle-road interactions is established to examine the systematic influence of road geometry on vehicle rollover and skidding. The effects of different road geometry on rollover and skidding on SUVs are studied for pavement surface with good and poor friction when vehicles are in the action of steady state cornering. The rollover and skidding risks of the most unfavorable road segments …

Assessing The Sustainability Implications Of Autonomous Vehicles: Recommendations For Research Community Practice, Eric Williams, Vivekananda Das, Andrew Fisher

Articles

Autonomous vehicles (AV) are poised to induce disruptive changes, with significant implications for the economy, the environment, and society. This article reviews prior research on AVs and society, and articulates future needs. Research to assess future societal change induced by AVs has grown dramatically in recent years. The critical challenge in assessing the societal implications of AVs is forecasting how consumers and businesses will use them. Researchers are predicting the future use of AVs by consumers through stated preference surveys, finding analogs in current behaviors, utility optimization models, and/or staging empirical “AV-equivalent” experiments. While progress is being made, it is …

Does Capital Bear The U.S. Corporate Tax After All? New Evidence From Corporate Tax Returns, Edward Fox

Articles

This article uses U.S. corporate tax return data to assess how government revenue would have changed if, over the period 1957–2013, corporations had been subject to a hypothetical corporate cash flow tax—that is, a tax allowing for the immediate deduction of investments in long-lived assets like equipment and structures—rather than the corporate tax regime actually in effect. Holding taxpayer behavior fixed, the data indicate actual corporate tax revenue over the most recent period (1995–2013) differed little from that under the hypothetical cash flow tax. This result has three important implications. First, capital owners appear to bear a large fraction of …

Consumer Psychology And The Problem Of Fine Print Fraud, Roseanna Sommers, Meirav Furth-Matzkin

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This Article investigates consumers' beliefs about contracts that are formed as a result of fraud. Across four studies, we asked lay survey respondents to judge scenarios in which sellers use false representations to induce consumers to buy products or services. In each case, the false representations are directly contradicted by the written terms of the contract, which the consumers sign without reading. Our findings reveal that lay respondents, unlike legally trained respondents, believe that such agreements are consented to and will be enforced as written, despite the seller's material deception. Importantly, fine print discourages consumers from wanting to take legal …

Cultural Ip Vs. Commercial Ip, J. Janewa Osei-Tutu

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No abstract provided.

The Cost Of Novelty, Will Nicholson Price Ii

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Patent law tries to spur the development of new and better innova­tive technology. But it focuses much more on “new” than “better”—and it turns out that “new” carries real social costs. I argue that patent law promotes innovation that diverges from existing technology, either a little (what I call “differentiating innovation”) or a lot (“exploring innova­tion”), at the expense of innovation that tells us more about existing technology (“deepening innovation”). Patent law’s focus on newness is unsurprising, and fits within a well-told narrative of innovative diversity accompanied by market selection of the best technologies. Unfortunately, innovative diversity brings not only …

Shareholder Theory/Shareholder Value, Maeve O'Connell, Anne Marie Ward

Articles

Shareholder theory states that the primary objective of management is to maximize shareholder value. This objective ranks in front of the interests of other corporate stakeholders, such as employees, suppliers, customers, and society.Shareholder theory argues that shareholders are the ultimate owners of a corporate’s assets, and thus, the priority for managers and boards is to protect and grow these assets for the benefit of shareholders. Shareholder theory assumes that shareholders value corporate assets with two measurable metrics, dividends and share price. There-fore, management should make decisions that maximize the combined value of dividends and share price increases. However, shareholder theory …

The Myth Of Personal Liability: Who Pays When Bivens Claims Succeed, James E. Pfander, Alexander A. Reinert, Joanna C. Schwartz

Articles

In Bivens v. Six Unknown Named Agents, the Supreme Court held that federal law creates a right to sue federal officials for Fourth Amendment violations. For the last three decades, however, the Court has cited the threat of individual liability and the burden of government indemnification on agency budgets as twin bases for narrowing the right of victims to secure redress under Bivens. In its most recent decisions, Ziglar v. Abbasi and Hernandez v. Mesa, the Court said much to confirm that it now views personal liability less as a feature of the Bivens liability rule than …

A Knock On Knick'S Revival Of Federal Takings Litigation, Stewart Sterk, Michael C. Pollack

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In Knick v. Township of Scott, the United States Supreme Court held that a landowner who claimed to have suffered a taking at the hands of state or local officials could seek redress in federal court without the need to first seek compensation through state proceedings. This holding raises serious theoretical and practical concerns. On the theoretical side, Knick rests on the implicit assumption that states separate powers among branches of government in the same way the federal government does. It also relies on a second assumption: that relegating taking claims to state court makes them unique. Neither is …

The Relationship Between Serum Zinc Levels And Myopia, Niamh Burke, John Butler, Daniel Ian Flitcroft, James Loughman

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Clinical significance: Myopia is inherently associated with eye growth and thereby possibly amenable to nutritional influence. However, little attention has been given to possible die- tary influences. This study demonstrates that serum zinc does not play a role in myopia development. Background: Myopia is inherently associated with eye growth and thereby possibly amena- ble to nutritional influence. A number of Asian studies have reported lower levels of serum zinc in myopic children. This study was designed to assess the relationship between serum zinc and myopia in the Korean population – using a subsample of participants from nation- ally representative data.

The Dynamism Of Health Law: Expanded Insurance Coverage As The Engine Of Regulatory Reform, Gabriel Scheffler

Articles

Can law improve the delivery of health care? The predominant view is that law serves as a barrier to reforming the health care delivery system. Health law scholars of all stripes blame regulations for impeding innovation, limiting competition, and exacerbating fragmentation in health care.

I argue that this view neglects an important-but overlooked-feature of health law: the dynamic relationship between laws that expand health insurance coverage and laws that regulate the delivery of health care. By expanding health insurance coverage and increasing the demand for health care, laws such as Medicare, Medicaid and the Affordable Care Act catalyze policymakers to …

Exploring Attitudes And Reactions To Unfamiliar Food Pairings: An Examination Of The Underlying Motivations And The Impact Of Culinary Education, Mark Traynor, Andrew Moreo, Lisa Cain, Roisin Burke, Catherine Barry-Ryan

Articles

A mixed-methodology study was conducted to better understand consumer attitudes and behaviors toward novel food pairings and the impact of culinary education. Focus groups were conducted to investigate the underlying motivational factors to the reactions and behaviors toward unfamiliar foods. The second phase of the study consisted of sensory evaluation by two separate cohorts, panelists with and without culinary education, of food products created through the novel pairings of foods. Panelists with culinary education expressed a greater overall liking for the animal-based pairing. Sensory-Affective and Ideational factors appeared to be underlying motivational factors of these hedonic reactions.

Rapid Inference Of Antibiotic Resistance And Susceptibility By Genomic Neighbour Typing, Karel Břinda, Alanna Callendrello, Kevin C. Ma, Derek R. Macfadden, Themoula Charalampous, Robyn S. Lee, Lauren Cowley, Crista B. Wadsworth, Yonatan H. Grad, Gregory Kucherov, Justin O'Grady, Michael Baym, William P. Hanage

Articles

Surveillance of drug-resistant bacteria is essential for healthcare providers to deliver effective empirical antibiotic therapy. However, traditional molecular epidemiology does not typically occur on a timescale that could affect patient treatment and outcomes. Here, we present a method called ‘genomic neighbour typing’ for inferring the phenotype of a bacterial sample by identifying its closest relatives in a database of genomes with metadata. We show that this technique can infer antibiotic susceptibility and resistance for both Streptococcus pneumoniae and Neisseria gonorrhoeae. We implemented this with rapid k-mer matching, which, when used on Oxford Nanopore MinION data, can run in real time. …

The Hidden Disability Consensus In The 2020 Campaign, Harold A. Pollack, Samuel R. Bagenstos

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At this writing, the final results of the Iowa caucuses remain unreported. No one yet knows which candidates did well and which did poorly. We do know that health policy is a defining cleavage between left and liberal Democrats this primary season. Much of the press coverage will naturally focus on the implications of this vote for Democrats’ commitment to an incremental public option or a full-throated single-payer plan.

Artificial Intelligence & Machine Learning: A Model For A New Judicial System?, Paula C. Arias

Articles

Artificial Intelligence and Machine Learning are a result not only of technological advances but also of the exploitation of information or data, which has led to its expansion into almost all aspects of modern life, including law and its practice. Due to the benefits of these technologies, such as efficiency, objectivity, and transparency, the trend is towards the integration of Artificial Intelligence and Machine Learning in the judicial system. Integration that is advocated at all levels and, today, has been achieved mostly under the implementation of tools to assist the exercise of the judiciary. The «success» of this integration has …