Digital Commons Network^™

Spoiler Alert: When The Supreme Court Ruins Your Brief Problem Mid-Semester, Margaret Hannon

Articles

Partway through the winter 2019 semester,1 the Supreme Court ruined my favorite summary judgment brief problem while my students were working on it. I had decided to use the problem despite the Court granting cert and knowing it was just a matter of time before the Court issued its decision. In this Article, I share some of the lessons that I learned about the risks involved in using a brief problem based on a pending Supreme Court case. I conclude that, while I have not typically set out to base a problem on a pending Supreme Court case, doing so …

Us And Capital Flight, Reuven S. Avi-Yonah

Articles

The recent leaks of the Panama and Paradise Papers have highlighted the difficulty of taxing the income of residents of developed and developing offshore countries. The basic problem is that such income is subject to neither withholding at source nor information reporting. In the absence of both withholding and reporting, it is easy to use tax havens to hide such income from tax authorities. Estimates of the scope of the problem vary widely, but it is certainly larger than the $200 billion in estimated losses from legal corporate tax avoidance.

This article explains the historic roots of this problem, which …

Medical Ai And Contextual Bias, W. Nicholson Price Ii

Articles

Artificial intelligence will transform medicine. One particularly attractive possibility is the democratization of medical expertise. If black-box medical algorithms can be trained to match the performance of high-level human experts — to identify malignancies as well as trained radiologists, to diagnose diabetic retinopathy as well as board-certified ophthalmologists, or to recommend tumor-specific courses of treatment as well as top-ranked oncologists — then those algorithms could be deployed in medical settings where human experts are not available, and patients could benefit. But there is a problem with this vision. Privacy law, malpractice, insurance reimbursement, and FDA approval standards all encourage developers …

Federal Land Use Intervention As Market Restoration, Stewart E. Sterk

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Although most land-use regulation in the United States remains local, the federal government has played an increasing role. Some federal intervention, particularly in the environmental area, has involved affirmative federal regulation superimposed on the local regulatory scheme. But other federal intervention operates differently by overriding local regulation to permit markets to operate. In addition to the Takings Clause, examples include the Religious Land Use and Institutionalized Persons Act, the Telecommunications Act, the Fair Housing Act, and the First Amendment's adult-use jurisprudence. In each of these areas, local regulation survives only if it leaves intact a sufficiently thick market for the …

Association Of Total Zinc Intake With Myopia In U.S. Children And Adolescents, Niamh Burke, John Butler, Daniel Ian Flitcroft, Daniel Mccartney, James Loughman

Articles

Significance: This present study advances our knowledge on the role of lifestyle factors in myopia (short-sightedness), specifically dietary factors. It has been suggested in previous studies that lower zinc status is associated with myopia; however, this article shows no relationship between dietary zinc intake and myopia in U.S. adolescents. Purpose: It has been suggested that low zinc levels may contribute to the development of myopia. The aim of the present study is to examine, for the first time in a Western population, the association of total dietary and supplement zinc intake with myopia. Methods: A total of 1095 children/adolescents aged …

Optimizing The Valorization Of Industrial By-Products For The Induction Healing Of Asphalt Mixtures, Amir Tabakovic, Marta Vila-Cortavitarte, Daniel Jato-Espino, Daniel Castro-Fresno

Articles

Self-healing within asphalt pavements is the process whereby road cracks can be repaired automatically when thermal and mechanical conditions are met. To accelerate and improve this healing process, metal particles are added to asphalt mixtures. However, thisapproach is costly both in economic and environmental terms due to the use of virgin metallic particles. So, even though the self-healing of asphalt mixtures has been widely addressed in experimental terms over the years, there is a lack of research aimed at modelling this phenomenon, especially with the purpose of optimizing the use of metal particles through the valorization of industrial by-products. As …

What Is The Source Of Bilingual Cross-Language Activation In Deaf Bilinguals?, Jill P. Morford, Corrine Occhino, Megan Zirnstein, Judith F. Kroll, Erin Wilkinson, Pilar Piñar

Articles

When deaf bilinguals are asked to make semantic similarity judgments of two written words, their responses are influenced by the sublexical relationship of the signed language translations of the target words. This study investigated whether the observed effects of ASL activation on English print depend on (a) an overlap in syllabic structure of the signed translations or (b) on initialization, an effect of contact between ASL and English that has resulted in a direct representation of English orthographic features in ASL sublexical form. Results demonstrate that neither of these conditions is required or enhances effects of cross-language activation. The experimental …

Bernanos, Claudel, Mauriac And Maritain: A Quartet Not Always Full Of Christian Charity ‘A Catholic Has No Allies. He Only Has Brothers’: Letters Shed Light On Four Leading French Writers, Eamon Maher

Articles

The publication by the French Dominican publisher Cerf of the epistolary correspondence between four of France’s best known Catholic intellectuals and writers, Georges Bernanos, Paul Claudel, François Mauriac and Jacques Maritain, reveals serious rifts and, at times, a definite lack of Christian charity in the sentiments they shared with one another. The correspondence centres on Maritain’s exchanges with the other three, which is most probably due to the fact that he and his wife Raïssa were seriously revered and much consulted figures in cultural circles in France at the time when the other writers were at the peak of their …

Financing The World Health Organization: What Lessons For Multilateralism?, Kristina Daugirdas, Gian Luca Burci

Articles

When it comes to financing the work of international organizations, voluntary contributions from both state and nonstate actors are growing in size and importance. The World Health Organization (WHO) is an extreme case from this perspective, with voluntary contributions - mostly earmarked for particular purposes - comprising more than 80 percent of its funds. Moreover, nonstate actors are by now supplying almost half of WHO’s funds, with the Bill and Melinda Gates Foundation ranking as the second-highest contributor after the United States. A number of public-health and international relations scholars have expressed alarm over these trends, arguing that heavy reliance …

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

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Children with disabilities are maltreated at a higher rate than other children and overrepresented in child protection matters, yet most social service caseworkers, judges, child advocates, and other professionals involved in these cases receive little to no training about evaluating and addressing their needs. Child protection case outcomes for children with disabilities tend to differ from those of nondisabled children, with more disabled children experiencing a termination of their parents' rights and fewer being reunified with their parents or placed with kin. They also tend to experience longer waits for adoption. Furthermore, the poor outcomes that plague youth who age …

Toward A 21st-Century International Tax Regime, Reuven S. Avi-Yonah, Kimberly A. Clausing

Articles

The international tax regime is almost a century old, and it is showing its age. In recent decades, the regime could be maintained despite increasing evidence that some of its key components, such as the arm’s-length standard or permanent establishment threshold, were unfit for a 21st-century economy. However, starting with the U.K. diverted profits tax (2015), Australia’s multinational anti-tax-avoidance law (2015), and India’s equalization levy (2016), it has become clear that many countries are unwilling to live with a situation in which large U.S. technology companies (such as Amazon, Apple, Facebook, Google, and Netflix) earn billions in profits by exploiting …

Imaginary Bottles, Jessica Litman

Articles

This essay, written for a symposium commemorating John Perry Barlow, who died on February 7, 2018, revisits Barlow's 1994 essay for WIRED magazine, "The Economy of Ideas: A Framework for patents and copyrights in the Digital Age (everything you know about intellectual property is wrong)." Barlow observed that networked digital technology posed massive and fundamental challenges for the markets for what Barlow termed “the work we do with our minds” and for the intellectual property laws designed to shape those markets. He predicted that those challenges would melt extant intellectual property systems into a smoking heap within a decade, and …

Should I Stay Or Should I Go? The Gender Gap For Securities And Exchange Commission Attorneys, Stephen J. Choi Ii, Mitu Gulati, Adam C. Pritchard

Articles

Most research on the gender gap in the legal profession focuses on the private sector. We look at the gender gap in a setting where one might expect the gaps to be smaller: the Division of Enforcement of the Securities and Exchange Commission (SEC), which has a reputation for providing employees with good childcare and work flexibility. We find a substantial gender gap in assignments but only a modest one in pay. Men are also more likely to move laterally and more likely to move to lucrative private-sector jobs. What causes these gaps? The primary explanation for the gender gap …

A Functional Approach To Judicial Review Of Ptab Rulings On Mixed Questions Of Law And Fact, Rebecca S. Eisenberg

Articles

The Court of Appeals for the Federal Circuit (“Federal Circuit”) has long relied on active appellate review to bring uniformity and clarity to patent law. It initially treated the PTO the same as the federal district courts, reviewing its factual findings for clear error and its legal conclusions de novo. Following reversal by the Supreme Court in Dickinson v. Zurko, the Federal Circuit began giving greater deference to PTO factual findings. But it continued to review the PTO’s legal conclusions de novo, while coding an expansive list of disputed issues in patent cases as legal conclusions, even when they …

Towards Efficient, Work-Conserving, And Fair Bandwidth Guarantee In Cloud Datacenters, Baraa Saeed Ali, Kang Chen, Imran Khan

Articles

Bandwidth guarantee is a critical feature to enable performance predictability in cloud datacenters. This process is expected to achieve three requirements: work conservation, fairness, and simplicity. However, the distributed nature of datacenters raises significant challenges to attaining those requirements at the same time. In this paper, we propose an efficient approach that can satisfy the three requirements simultaneously. Our scheme takes advantage of multipath TCP (MPTCP) to generate explicit bandwidth guarantee (BG) traffic and work conservation (WC) traffic.We further prioritize the BG traffic over the WC traffic in the network fabric. Due to the priority setting, WC cannot harm bandwidth …

An“Astonishingly Excellent” Solution To Super-Fake Narratives, Cathren Page

Articles

Persuasion studies indicate that facts and logic have likely never persuaded people. Rather, people typically hold “deep frame” beliefs, and story persuades them. People then use facts and logic to justify their beliefs.

While this potentially persuasive “fake news” itself is old, the widespread dissemination of fake news via bots is new. Donald Trump’s campaign benefitted from these bots and from an electoral college map more favorable to Republicans. But these super-powers were not his only strengths, the Trump campaign wielded the power of superhero storytelling techniques.

So, faced with an army of bots, a superhero story, and an unfavorably …

Supermajoritarian Criminal Justice, Aliza Plener Cover

Articles

Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian-historically, unanimous-approval of a jury drawn from the community. And criminal law theorists' expressive and retributive justifications for criminal punishment implicitly rely on the existence of broad community consensus in favor of imposing it. Despite these constitutional and theoretical ideals, the criminal justice system today is majoritarian at best. Both harsh and contested, it has lost the structural mechanisms …

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Articles

Removing children from their parents is child welfare's most drastic intervention. Research clearly establishes the profound and irreparable damage family separation can inflict on children and their parents. To ensure that this intervention is only used when necessary, a complex web of state and federal constitutional principles, statutes, administrative regulations, judicial decisions, and agency policies govern the removal decision. Central to these authorities is the presumption that a healthy and robust child welfare system keeps families together, protects children from harm, and centers on the needs of children and their parents. Yet, research and practice-supported by administrative data-paint a different …

How The Boogeyman Saved Brett Kavanaugh, Cathren Page

Articles

We love to hate these boogeymen. When the societal narrative creates these invisible boogeymen, people can pour their rage against sexual abuse into these faceless antagonists. At the same time, the enraged survivors and protectors avoid conflicts with family, neighbors, colleagues, and social acquaintances who might actually commit or enable sexual abuse. We can dodge sticky questions regarding how a churchgoer, a judge, or an Ivy Leaguer could have committed a heinous act. The survivors can avoid all the victim-blaming backlash, threats of violence, and invalidation that accompanies reporting a sexual offense. Moreover, having less power on their own, survivors …

An Empirical Investigation Of Third Party Consumer Litigant Funding, Ronen Avraham, Anthony J. Sebok

Articles

This is the first large-scale empirical study of consumer third-party litigation funding in the United States. Despite being part of the American legal system for more than two decades there has been almost no real data-driven empirical study to date. We analyzed funding requests from American consumers in over 100,000 cases over a twelve year period. This proprietary data set was provided to us by one of the largest consumer litigation funder in the United States.

Our results are striking and important. We find that the funder plays an important role in the American legal system by screening cases. Our …

Pharmaceutical Industry Funding To Patient-Advocacy Organization: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Bai Ge, So Yeon Kang, Gerard F. Anderson

Articles

Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States, …

Eating Competent Parents Of 4th Grade Youth From A Predominantly Non-Hispanic White Sample Demonstrate More Healthful Eating Behaviors Than Non-Eating Competent Parents, Barbara A. Lohse, Melissa Pflugh Prescott, Leslie Cunningham-Sabo

Articles

The purpose of this study was to determine if the associations between eating competence (EC) and eating behaviors that were found in a USA sample of predominantly Hispanic parents of 4th grade youth could be replicated in a USA sample of predominantly non-Hispanic white parents of 4th graders. Baseline responses from parents (n = 424; 94% white) of youth participating in a year-long educational intervention were collected using an online survey. Validated measures included the Satter Eating Competence Inventory (ecSI 2.0TM), in-home fruit/vegetable (FV) availability, healthful eating behavior modeling, and FV self-efficacy/outcome expectancies (SE/OE). Data were analyzed with general linear …

What American Legal Education Can Learn From The 'Harry Potter' Series, Sarah Gerwig-Moore

Articles

Both legal education and a Hogwarts magical education involve a new way of seeing the world—an immersive and intense process requiring, in many ways, a transformation. Students need a new wardrobe for both law school and wizarding school—and an awful lot of puzzling and expensive textbooks. Both Hogwarts and law school have been accused of operating entirely apart from reality. One of these criticisms may be valid. ...

This lighthearted comparison to the Harry Potter stories can perhaps join other voices to help make a serious and important case for practical legal education. There are few principled reasons for not …

Framework To Estimate Total Particulate Mass And Nicotine Delivered To E-Cig Users From Natural Environment Monitoring Data, Edward Hensel, Nathan Eddingsaas, A. Gary Difrancesco, Shehan Jayasekera, Sean O'Dea, Risa Robinson

Articles

A framework describing the joint effect of user topography behavior and product characteristics of one exemplar device on the total particulate mass (TPM) and aerosol constituent yield delivered to a user is presented and validated against seven user-specific ‘playback’ emissions observations. A pen-style e-cig was used to collect emissions across puff flow rates and durations spanning the range observed in the natural environment. Emissions were analyzed with GC-MS and used to construct empirical correlations for TPM concentration and nicotine mass ratio. TPM concentration was demonstrated to depend upon both puff flow rate and duration, while nicotine mass ratio was not …

India's New Profit Attribution Proposal And The Arm's-Length Standard, Reuven S. Avi-Yonah, Ajitesh Kir

Articles

A recent Indian public consultation document on amending India’s rules for profit attribution to permanent establishments represents the first time a national government has proposed abandoning the arm’s-length standard. In this article, the authors discuss that document, as well as the OECD’s recent consideration of using formulas to allocate profits to market jurisdictions, and they ponder whether those developments indicate a larger movement away from the arm’s-length standard in favor of a unitary tax system.

Exploring Alternative Approaches To Entrepreneurial Exporting: Internationalization Through An Effectual Lens, Norah R. Cussen, Thomas M. Cooney

Articles

In 2017 EU exports supported 36 million jobs in the EU. Furthermore, it was estimated that on average each billion euro of extra-EU exports supported more than 13,000 jobs in the EU Exporting is widely viewed as one of the key drivers of economic growth and many traditional approaches have been applied to engender greater levels of exporting by indigenous enterprises. However, Sarasvathy [(2001). Causation and effectuation: Toward a theoretical shift from economic inevitability to entrepreneurial contingency. Academy of Management Review, 26, 243–263, (2013). An effectual approach to international entrepreneurship: Overlaps, challenges and provocative possibilities. The Journal of Entrepreneurship Theory …

Bernard Maclaverty: A Novelist With A Catholic Sensibiliy., Eamon Maher

Articles

Like many others I would imagine, my first introduction to the work of the Belfast writer Bernard MacLaverty (born in 1942) was through the successful film adaptations of his first novel, Lamb, with Liam Neeson in the main role, and the highly successful ‘Troubles’ film, Cal, based on the novel of the same name. Nominated for several prestigious literary awards, a member of Aosdána, author of numerous well-regarded novels and short story collections, MacLaverty is nevertheless largely neglected in terms of the critical attention he has attracted. The shining exceptions are the essay collection, About Bernard MacLaverty: New …

School Of Culinary Arts & Food Technology, Technological University Dublin Newsletter: Summer, 2019, James Murphy

Articles

The School of Culinary Arts and Food Technology, TU Dublin, Summer Newsletter captured the many events, research, awards, significant contributions and special civic and community activities which the students and staff members of the school have successfully completed up to the Summer period of 2019. The successful completion of these activities would not be possible without the active and on-going support of the 'INSPIRED' friends of Culinary Arts (school supporters) and our school's industry association supporters.

The Elusive Object Of Punishment, Gabriel S. Mendlow

Articles

All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute’s elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and mens rea; about DUI and statutory rape; about hate crimes, child pornography, and counterterrorism laws; about proportionality in punishment; …

Social Clustering In Epidemic Spread On Coevolving Networks, Hsuan-Wei Lee, Nishant Malik, Feng Shi, Peter J. Mucha

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Even though transitivity is a central structural feature of social networks, its influence on epidemic spread on coevolving networks has remained relatively unexplored. Here we introduce and study an adaptive susceptible- infected-susceptible (SIS) epidemic model wherein the infection and network coevolve with nontrivial proba- bility to close triangles during edge rewiring, leading to substantial reinforcement of network transitivity. This model provides an opportunity to study the role of transitivity in altering the SIS dynamics on a coevolving network. Using numerical simulations and approximate master equations (AMEs), we identify and examine a rich set of dynamical features in the model. In …