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Articles 2581 - 2610 of 14026
Full-Text Articles in Entire DC Network
Distancing Refugees, Geoffrey Heeren
Distancing Refugees, Geoffrey Heeren
Articles
Today, two systems exist for addressing the humanitarian claims of persons fleeing persecution. One system consists of refugees living in host countries, often in large camps, who ideally are then resettled in other countries or repatriated when it is safe to do so. The other system involves refugees arriving in a country and seeking asylum-a right with ancient religious roots. The first "encampment model" is fundamentally broken, as most refugees are housed in the developing or least developed world in terrible conditions for extended periods of time, with little or no realistic hope of resettlement elsewhere or repatriation. The developed …
A Tribute To Maureen Laflin, Elizabeth Brandt
Identity: Obstacles And Openings, Osamudia R. James
Identity: Obstacles And Openings, Osamudia R. James
Articles
Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward "identity politics," the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.
A Tale Of Two Markets: Regulation And Innovation In Post-Crisis Mortgage And Structured Finance Markets, William Wilson Bratton, Adam J. Levitin
A Tale Of Two Markets: Regulation And Innovation In Post-Crisis Mortgage And Structured Finance Markets, William Wilson Bratton, Adam J. Levitin
Articles
This Article takes stock of post-financial crisis regulatory developments to tell a tale of two markets within a political economy of financial regulation. The financial crisis stemmed from excessive risk-taking and dodgy practices in the subprime home mortgage market, a market that owed its existence to private-label securitization. The pre-crisis boom in private label mortgage-backed securities could never have happened, however, without financing from an array of structured products and vehicles created in the capital markets-CDOs, CDO2 s, and SIVs. It was these capital markets products that magnified mortgage credit risk and transmitted it into the financial system's vulnerable nodes. …
Advancement Of Predictive Modeling Of Zeta Potentials (Ζ) In Metal Oxide Nanoparticles With Correlation Intensity Index (Cii), Andrey A. Toropov, Natalia Sizochenko, Alla P. Toropova, Danuta Leszczynska, Jerzy Leszczynski
Advancement Of Predictive Modeling Of Zeta Potentials (Ζ) In Metal Oxide Nanoparticles With Correlation Intensity Index (Cii), Andrey A. Toropov, Natalia Sizochenko, Alla P. Toropova, Danuta Leszczynska, Jerzy Leszczynski
Articles
It was expected that index of the ideality of correlation (IIC) and correlation intensity index (CII) could be used as possible tools to improve the predictive power of the quantitative model for zeta potential of nanoparticles. In this paper, we test how the statistical quality of quantitative structure-activity models for zeta potentials (ζ, a common measurement that reflects surface charge and stability of nanomaterial) could be improved with the use of these two indexes. Our hypothesis was tested using the benchmark data set that consists of 87 measurements of zeta potentials in water. We used quasi-SMILES molecular representation to take …
A Preconditioned Lattice Boltzmann Flux Solver For Steady Flows On Unstructured Hexahedral Grids, Brendan Walsh, Fergal Boyle
A Preconditioned Lattice Boltzmann Flux Solver For Steady Flows On Unstructured Hexahedral Grids, Brendan Walsh, Fergal Boyle
Articles
The lattice Boltzmann flux solver (LBFS), first introduced by Shu et al. (2014) on structured meshes, allows fluid flow problems to be solved on unstructured meshes discretised by the finite volume method. The solver calculates the macroscopic fluxes at the cell interfaces from a local reconstruction of the lattice Boltzmann solution. In this paper the LBFS is extended to three-dimensional unstructured hexahedral meshes and a preconditioned lattice Boltzmann flux solver (PLBFS) is presented. The PLBFS involves applying the preconditioning technique proposed by Guo (2004) to the LBFS and is achieved by modifying the equilibrium distribution function used to calculate the …
Sport In The Face Of The Covid-19 Pandemic: Towards An Agenda For Research In The Sociology Of Sport, Adam B. Evans, Joanna Blackwell, Paddy Dolan, Josef Fahlén, Remco Hoekma, Verena Lenneis, Gareth Mcnarry
Sport In The Face Of The Covid-19 Pandemic: Towards An Agenda For Research In The Sociology Of Sport, Adam B. Evans, Joanna Blackwell, Paddy Dolan, Josef Fahlén, Remco Hoekma, Verena Lenneis, Gareth Mcnarry
Articles
These are extraordinary times. Less because we are currently in the midst of a global pandemic; humanity has been here multiple times in the past, sometimes with even more devastating results (the ‘Black Death’ of 1346–1353, or Cocolitzli Epidemics in the 16th Century, for example). Rather, these are extraordinary times due to both the huge shutting down of industry, travel and borders, and the enormous level of coverage and discussion of the crisis through both traditional and social media formats (Stevens & Prins, 2020). Moreover, global, regional and national comparisons and discussions have become commonplace with regards to everything …
Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren
Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren
Articles
An agency's culture shapes its lawmaking. Under certain conditions, agency culture dominates decision-making so strongly that it mutes the influence of those factors that administrative law scholars have traditionally focused on including presidential will, judicial oversight, internal resistance, and public opinion. We call this undertheorized phenomenon "zealous administration." The immigration enforcement bureaucracy has vast discretion to remove unauthorized immigrants from the United States. Current immigration policies-such as indiscriminate deportation, family separation, and harsh detention-represent the most prominent example of zealous administration in the federal government. This Article focuses on that bureaucracy to plumb the causes and effects of zealous administration …
A Critical Evaluation Of The Effectiveness And Legitimacy Of Webblocking Injunctions, Mark Hyland
A Critical Evaluation Of The Effectiveness And Legitimacy Of Webblocking Injunctions, Mark Hyland
Articles
Relative to the dual criteria of effectiveness and legitimacy, this article evaluates webblocking injunctions in the context of intellectual property law and with a particular focus on the vanguard role played by the English Courts. With regard to the first criterion, it is argued that there is reason to think that webblocking injunctions are viewed by IP owners as well as by legislators and courts as a relatively effective instrument in the protection of IP assets. Moreover, the extension of webblocking orders to trade marks together with their adoption in a number of legal systems, is further evidence that these …
Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr
Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr
Articles
Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. This debate has been almost entirely devoid of evidence about the laws’ effects, in part because the necessary data (such as sealed records themselves) have been unavailable. We were able to obtain access to de-identified data that overcome that problem, and we use it to carry out a comprehensive statewide study of expungement recipients and comparable nonrecipients in Michigan. We offer three key sets of empirical findings. First, among those legally …
Precedent And Discretion, William Baude
Precedent And Discretion, William Baude
Articles
Supreme Court precedent is a topic of perennial prominence. The Court overruled or severely limited multiple precedents last year, just as it did the year before that. Because of our widely-repeated norm of stare decisis, every overruling is criticized. Scholars have then debated whether the Court needs a stronger norm of stare decisis, so that it overrules fewer cases.
The Chicago School's Limited Influence On International Antitrust, Adam Chilton, Anu Bradford, Filippo Lancieri
The Chicago School's Limited Influence On International Antitrust, Adam Chilton, Anu Bradford, Filippo Lancieri
Articles
No abstract provided.
The Machinery Of International Law And Democratic Backsliding: The Problem Of Term Limits, Tom Ginsburg
The Machinery Of International Law And Democratic Backsliding: The Problem Of Term Limits, Tom Ginsburg
Articles
Utilizing a comprehensive panel dataset spanning from 1900 to 2020, this study introduces an innovative methodology for the analysis and categorization of legal documents, specifically national constitutions. Contrary to the predominant reliance on unsupervised methods within the field, this research incorporates a supervised machine-learning approach, notably the SEMMS method, alongside traditional unsupervised algorithms. This dual approach facilitates a nuanced analysis of the human rights provisions contained within national constitutions, resulting in the identification of both traditional and novel constitutional groupings. Broadly speaking, the more traditional common law-civil law divide does not seem particularly relevant in this context. Furthermore, our methodology …
Constitutionalism In Unexpected Places, Farah Peterson
Common Law Judging In An Age Of Statutes, Douglas Baird
Common Law Judging In An Age Of Statutes, Douglas Baird
Articles
No abstract provided.
Judge Wood Meets International Tax, Julie Roin
Historical Gloss, Madisonian Liquidation, And The Originalism Debate, Curtis A. Bradley, Neil S. Siegel
Historical Gloss, Madisonian Liquidation, And The Originalism Debate, Curtis A. Bradley, Neil S. Siegel
Articles
The U.S. Constitution is old, relatively brief, and very difficult to amend.In its original form, the Constitution was primarily a framework for a new national government, and for 230 years the national government has operated under that framework even as conditions have changed in ways beyond the Founders’ conceivable imaginations.The framework has survived in no small part because government institutions have themselves played an important role in helping to fill in and clarify the framework through their practices and interactions, informed by the realities of governance.Courts, the political branches, and academic commentators commonly give weight to such post-Founding governmental practice …
The Failed Transparency Regime For Executive Agreements: An Empirical And Normative Analysis, Oona A. Hathaway, Curtis A. Bradley, Jack L. Goldsmith
The Failed Transparency Regime For Executive Agreements: An Empirical And Normative Analysis, Oona A. Hathaway, Curtis A. Bradley, Jack L. Goldsmith
Articles
The Constitution specifies only one process for making international agreements. Article II states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” The treaty process has long been on a path to obsolescence, however, with fewer and fewer treaties being made in each presidential administration. Nevertheless, the United States has not stopped making international agreements. Even as Article II treaties have come to a near halt, the United States has concluded hundreds of binding international agreements each year. These agreements, known as …
Zombie Energy Laws, Joshua C. Macey
Zombie Energy Laws, Joshua C. Macey
Articles
This Article traces the development of three legal rules—cost recovery for vertically integrated utilities, the requirement that regulators assess the financial viability of energy projects before issuing a certificate of public convenience and necessity, and the filed rate doctrine—that emerged out of the view that electric power companies should be shielded from market forces. It argues that important elements of these legal rules have become “zombie energy laws.” Zombie energy laws are statutes, regulations, and judicial precedents that continue to apply after their underlying economic and legal bases dissipate. Zombie energy laws were originally designed to protect consumers by, among …
Expounding The Constitution, Farah Peterson
No Longer A ‘Collateral Consequence’: Imprisonment And The Reframing Of Citizenship, Cormac Behan
No Longer A ‘Collateral Consequence’: Imprisonment And The Reframing Of Citizenship, Cormac Behan
Articles
This article examines the impact of imprisonment on citizenship. It identifies how civil, political and social rights are circumscribed with a sentence of imprisonment, and scrutinizes to what extent citizenship is limited for prisoners. Drawing on recent developments in England and Wales, it contends that citizenship has been eroded, not as a ‘collateral consequence’ of imprisonment, but rather as a determined penal policy. The boundaries of punishment have become blurred, moving from criminal justice institutions, and extending towards what is termed civil and political penality. Finally, it argues that, because citizenship in prison is inevitably framed around the differences between …
Transition Without Transformation: The Legacy Of Sudan's Comprehensive Peace Agreement, Gene Carolan
Transition Without Transformation: The Legacy Of Sudan's Comprehensive Peace Agreement, Gene Carolan
Articles
In recent years, the transitional justice framework has expanded to include a broader notion of transformative justice, which strives for socio-political reform in addition to legal accountability. Over the course of two civil wars, Sudan has grappled with various attempts at transition and transformation with mixed results. Though the 2005 Comprehensive Peace Agreement brought an end to decades of North–South conflict, South Sudan’s subsequent descent into civil war has been characterised by a flawed transition and a lack of any immediate transformative potential. This paper analyses the Comprehensive Peace Agreement’s transitional mechanisms. In doing so, it explores how certain mechanisms …
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
Articles
International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philospophers, for their part, have engaged with IL to some extent—at a minimum recognizing that …
Coordinate Transformation-Free Observer-Based Adaptive Estimation Of Distorted Single-Phase Grid Voltage Signal, Hafiz Ahmed, Mominul Ahsan, Mohamed Benbouzid, Alhussein Albarbar, Mohammad Shahjalal, Samet Biricik
Coordinate Transformation-Free Observer-Based Adaptive Estimation Of Distorted Single-Phase Grid Voltage Signal, Hafiz Ahmed, Mominul Ahsan, Mohamed Benbouzid, Alhussein Albarbar, Mohammad Shahjalal, Samet Biricik
Articles
This paper studies the phase and frequency estimation problem of single-phase grid voltagesignal in the presence of DC offset and harmonics. For this purpose, a novel parameterized linear modelof the grid voltage signal is considered where the unknown frequency of the grid is considered as theparameter. Based on the developed model, a linear observer (Luenberger type) is proposed. Then usingLyapunov stability theory, an estimator of the unknown grid frequency is developed. In order to deal with thegrid harmonics, multiple parallel observers are then proposed. The proposed technique is inspired by otherLuenberger observers already proposed in the literature. Those techniques use …
Preserving The Past: Archiving Southern Illinois' Rich Musical Heritage, Matthew J. Gorzalski
Preserving The Past: Archiving Southern Illinois' Rich Musical Heritage, Matthew J. Gorzalski
Articles
No abstract provided.
Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda Bauges
Articles
No abstract provided.
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely
Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely
Articles
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge …
The Blues And The Rule Of Law: Musical Expressions Of The Failure Of Justice, David Pimentel
The Blues And The Rule Of Law: Musical Expressions Of The Failure Of Justice, David Pimentel
Articles
No abstract provided.
An Instance Of Open Hardware: A Different Approach To Free And Open Source Hardware Licensing, Timothy Murphy
An Instance Of Open Hardware: A Different Approach To Free And Open Source Hardware Licensing, Timothy Murphy
Articles
As open source software ("OSS") has become more prevalent, and more widely accepted, many different OSS licenses have proliferated to provide different licensing constructs for licensors and licensees. The most popular OSS license is the GNU General Public License ("GPL"), which is protective of author rights and intended to foster an open software community. Because software source code and object code files are primarily protected by copyright, the options for license terms are relatively straightforward and well known. To the extent patent rights become an issue, various additional provisions have been proposed to address that issue in the context of …
Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens
Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens
Articles
In the twenty-first century, our planet is facing a period of rapid and fundamental change resulting from human domination so extensive it is expected to be visible in the geologic record. The accelerating rate of change compounds the global social-ecological challenges already deemed "wicked" due to conflicting goals and scientific uncertainty. Understanding how connected natural and human systems respond to change is essential to understanding the governance required to navigate these modern wicked problems. This Article views change through the lens of complexity and resilience theories to inform the challenges of governance in a world dominated by such massive and …