Digital Commons Network^™

Article Ii Vests Executive Power, Not The Royal Prerogative, Julian Davis Mortenson

Articles

Article II of the United States Constitution vests “the executive power” in the President. For more than two hundred years, advocates of presidential power have claimed that this phrase was originally understood to include a bundle of national security and foreign affairs authorities. Their efforts have been highly successful. Among constitutional originalists, this so-called “Vesting Clause Thesis” is now conventional wisdom. But it is also demonstrably wrong. Based on an exhaustive review of the eighteenth-century bookshelf, this Article shows that the ordinary meaning of “executive power” referred unambiguously to a single, discrete, and potent authority: the power to execute law. …

Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg

Articles

This article examines the intersection of patent law, FDA regulation, and Medicare coverage in a particularly promising field of biomedical innovation: genetic diagnostic testing. First, I will discuss current clinical uses of genetic testing and directions for further research, with a focus on cancer, the field in which genetic testing has had the greatest impact to date. Second, I will turn to patent law and address two recent Supreme Court decisions that called into question the patentability of many of the most important advances in genetic testing. Third, I will step outside patent law to take a broader view of …

Location Tracking And Digital Data: Can Carpenter Build A Stable Privacy Doctrine?, Evan H. Caminker

Articles

In Carpenter v United States, the Supreme Court struggled to modernize twentieth-century search and seizure precedents for the “Cyber Age.” Twice previously this decade the Court had tweaked Fourth Amendment doctrine to keep pace with advancing technology, requiring a search warrant before the government can either peruse the contents of a cell phone seized incident to arrest or use a GPS tracker to follow a car’s long-term movements.

Janus's Two Faces, Kate Andrias

Articles

In ancient Roman religion and myth, Janus is the god of beginnings, transitions, and endings. He is often depicted as having two faces, one looking to the future and one to the past. The Supreme Court’s Janus v AFSCME case of last Term is fittingly named.1 Stunning in its disregard of principles of stare decisis, Janus overruled the forty-yearold precedent Abood v Detroit Board of Education. 2 The Janus decision marks the end of the post–New Deal compromise with respect to public sector unions and the FirstAmendment.Looking to the future, Janus lays the groundwork for further attack on labor rights—as …

Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney

Articles

Judy Norman shot her abusive husband during a late afternoon nap while he rested before violently trafficking her that night. The sharp contrast between the extreme violence and danger Judy faced and the denial of a self-defense instruction triggered extensive academic debates about justification and the use of deadly force. Norman became one of the most famous cases involving battered women, appearing in many casebooks and hundreds of law review articles. Despite all this work, the facts of the case contradict much of what scholars have said about Norman. Misconceptions about expert evidence, "Battered Woman Syndrome, "and battered women drive …

Cwa In-Lieu Fee Mitigation: Project And Programmatic Risks, Erin Okuno, Rebecca Kihslinger, Royal C. Gardner, Christina Libre

Articles

No abstract provided.

Bodies In Dependence: A Foucauldian Genealogy Of The Americans With Disabilities Acts, Michael E. Skyer

Articles

The Americans with Disabilities Acts (ADA) of 1990 and 2008 are laws imagined as enacting two goals: enhancing civil rights and reducing sociopolitical discrimination for Americans with disabilities; however, findings from this study strongly contrast with popular assumptions about the ADA. Key findings show how the ADA legitimizes governmental control of disability through discourse to consolidate economic power. The study employs the genealogical method, derived from Foucault, which is used to identify destructive and productive operations of power and identify ambiguities in discursive regimes. The ADA constructs a discursive category of "disability," the results of which are contradictory and problematic, …

Influence Of Drone Altitude, Image Overlap, And Optical Sensor Resolution On Multi-View Reconstruction Of Forest Images, Erich Seifert, Stefan Seifert, Holger Vogt, David Drew, Jan Van Aardt, Thomas Seifert

Articles

No abstract provided.

Dignity And Civility, Reconsidered, Leah Litman

Articles

People often talk about the Chief Justice, Justice Kagan, and Justice Breyer as the institutionalists on the modern Supreme Court. And that’s true, they are. Those Justices care about the Court as an institution and the Court’s reputation. They do not want people to look at the Court as a set of politicians in robes; and they do not want people to see judges as having ideological or partisan agendas. That is how they think of themselves, and they are willing to make compromises to maintain that image of the Court, and to set aside their personal beliefs in order …

On Some Edge Folkman Numbers Small And Large, Jenny M. Kaufmann, Henry J. Wickus, Stanislaw Radziszowski

Articles

Edge Folkman numbers Fe(G1, G2; k) can be viewed as a generalization of more commonly studied Ramsey numbers. Fe(G1, G2; k) is defined as the smallest order of any Kk -free graph F such that any red-blue coloring of the edges of F contains either a red G1 or a blue G2. In this note, first we discuss edge Folkman numbers involving graphs Js = Ks − e, including the results Fe(J3, Kn; n + 1) = 2n − 1, Fe(J3, Jn; n) = 2n − 1, and Fe(J3, Jn; n + 1) = 2n − 3. Our modification of …

Grants, Nicholson Price Ii

Articles

Innovation is a primary source of economic growth and is accordingly the target of substantial academic and government attention. Grants are a key tool in the government’s arsenal to promote innovation, but legal academic studies of that arsenal have given them short shrift. Although patents, prizes, and regulator-enforced exclusivity are each the subject of substantial literature, grants are typically addressed briefly, if at all. According to the conventional story, grants may be the only feasible tool to drive basic research, as opposed to applied research, but they are a blunt tool for that task. Three critiques of grants underlie this …

Blazing Trails Through An Untamed Wilderness: Improving Your Library's Self-Guided Help, Ruth D. Terry, D'Arcy Hutchings, Jennifer Mckay, Anna Bjartmarsdottir, Daria O. Carle

Articles

Libraries provide self-guided help on their websites through FAQs, guides, and tutorials. This content, often created to meet immediate needs and located on multiple webpages, can become an untamed wilderness over time. A group of librarians at the University of Alaska Anchorage took a holistic approach to reflect on, re-envision, and renew our library’s online self-guided help in order to provide students with a more navigable path to research success. This group includes an instructional design librarian and four subject specialist librarians who have responsibility for a significant amount of library instruction, LibGuides, and other tutorials. When we realized the …

Scrutinizing Anticompetitive State Regulations Through Constitutional And Antitrust Lenses, Daniel A. Crane

Articles

State and local regulations that anticompetitively favor certain producers to the detriment of consumers are a pervasive problem in our economy. Their existence is explicable by a variety of structural features—including asymmetry between consumer and producer interests, cost externalization, and institutional and political factors entrenching incumbent technologies. Formulating legal tools to combat such economic parochialism is challenging in the post-Lochner world, where any move toward heightened judicial review of economic regulation poses the perceived threat of a return to economic substantive due process. This Article considers and compares two potential tools for reviewing such regulations—a constitutional principle against anticompetitive parochialism …

Creating An Online Institutional Research Record In Archivesspace, Lydia A. Howes, Mike Moseley, Geoff Pettys, Adam Roloff

Articles

Background :

The School of Medicine was a pioneer in using problem-based learning and simulated patients in medical education. In January 2018 the Library was asked whether the School had a bibliography of the School's contributions to these topics. We did not, but agreed it would be a useful and interesting resource. During this time the Library was also planning to implement an online catalog and finding aid for our archives using the open source platform ArchivesSpace. The death of a distinguished and emeritus professor in June 2018 fast-tracked these projects.

Description :

As a starting point for an institutional …

Can Refactoring Be Self-Affirmed? An Exploratory Study On How Developers Document Their Refactoring Activities In Commit Messages, Eman Abdullah Alomar, Mohamed Wiem Mkaouer, Ali Ouni

Articles

Refactoring is a critical task in software maintenance and is usually performed to enforce best design practices, or to cope with design defects. Previous studies heavily rely on defining a set of keywords to identify refactoring commits from a list of general commits extracted from a small set of software
systems. All approaches thus far consider all commits without checking whether refactorings had actually happened or not. In this paper, we aim at exploring how developers document their refactoring activities during the software life cycle. We call such activity Self-Affirmed Refactoring, which is an indication of
the developer-related refactoring events …

Civil Servant Disobedience, Jennifer Nou

Articles

No abstract provided.

Should Automakers Be Responsible For Accidents?, Kyle D. Logue

Articles

Motor vehicles are among the most dangerous products sold anywhere. Automobiles pose a larger risk of accidental death than any other product, except perhaps opioids. Annual autocrash deaths in the United States have not been below 30,000 since the 1940s, reaching a recent peak of roughly 40,000 in 2016. And the social cost of auto crashes goes beyond deaths. Auto-accident victims who survive often incur extraordinary medical expenses. Those crash victims whose injuries render them unable to work experience lost income. Auto accidents also cause nontrivial amounts of property damage—mostly to the automobiles themselves, but also to highways, bridges, or …

An Analysis Of Altitude, Citizen Science And A Convolutional Neural Network Feedback Loop On Object Detection In Unmanned Aerial Systems, Connor Bowley, Marshall Mattingly, Andrew Barnas, Susan Ellis-Felege, Travis Desell

Articles

Using automated processes to detect wildlife in uncontrolled outdoor imagery in the field of wildlife ecology is a challenging task. In imagery provided by Unmanned Aerial Systems (UAS), this is especially true where individuals are small and visually similar to background substrates. To address these challenges, this work presents an automated feedback loop which can operate on large scale imagery, such as UAS generated orthomosaics, to train convo- lutional neural networks (CNNs) with extremely unbalanced class sizes. This feedback loop was used to help train CNNs using imagery classified by both expert biologists and citizen scientists at the Wildlife@home project. …

Neglecting Nationalism, Gil Seinfeld

Articles

Federalism is a system of government that calls for the division of power between a central authority and member states. It is designed to secure benefits that flow from centralization and from devolution, as well as benefits that accrue from a simultaneous commitment to both. A student of modern American federalism, however, might have a very different impression, for significant swaths of the case law and scholarly commentary on the subject neglect the centralizing, nationalist side of the federal balance. This claim may come as a surprise, since it is obviously the case that our national government has become immensely …

Phase-Only Digital Encryption, Jonathan Blackledge, Western Govere, Dumisani Sibanda

Articles

Abstract—We study then-dimensional deconvolution prob-lem associated with an impulse response function and an(additive) noise function that are both characterised by thesame phase-only stochastic spectrum. In this case, it is shownthat the deconvolution problem becomes well-posed and has ageneral solution that is both exact and unique, subject to are-normalisation condition relating to the scale of the solution.While the phase-only spectral model considered is of limitedvalue in general (in particular, problems arising in the fieldsof digital signal processing and communications engineering,specifically with regard to the retrieval of information fromnoise), its application to digital cryptography has potential.One of the reasons for this (as …

Representation Of Caṇḍālas In The Jātakas, Chandrabhan P. Yadav

Articles

Excerpt:

"Out of 547 Jātaka stories, eight describe the caṇḍālas.1 Out of these eight stories, half contain passing references about this social class, but at least four are stories where the protagonists themselves are caṇḍālas. In those four stories which are centred around this class, three are comparatively longer stories, including the famous Mātaṅga-Jātaka (No. 497). These are probably the most elaborate descriptions of this social group from the early historic period. Since the Mātaṅga-Jātaka is more elaborate and complex than the other stories and needs to be discussed separately, I will only discuss the rest of the seven stories …

The Science Of Mindfulness And The Practice Of Law, Scott L. Rogers, Amishi P. Jha

Articles

No abstract provided.

Mindfulness, Mental Health, And Wellness, Scott L. Rogers

Articles

No abstract provided.

Pka, Caspase 1 And Hsp40 Induced Apoptosis Under Fungi Starvation, Tobiloba Sojinrin, Kangze Liu, Daxiang Cui, James Curtin, Furong Tian

Articles

To investigate the influence of starvation on the biochemical response of Aspergillus niger. The biochemical impact of starvation was determined by morphological observation, immunofluorescent analysis, High-performance liquid chromatography (HPLC) and western blot over 8 days. Results showed that starvation can inhibit fungi survival rate in a time-dependent manner. A. niger exhibited active responses to starvation such as secretion of some 40 kDa proteins to manage changes in water balance. Conidiophores disintegrated from lack of nutrient. The immunofluorescent analysis demonstrated elevated ROS accumulation in starved cells (PA. niger growth by inducing cell apoptosis.

Materials Sciences And Applications, Chaitanya G. Mahajan, Amanda R. Marotta, Bruce Kahn, Mark Irving, Surendra K. Gupta, Richard Hailstone, Scott A. Williams, Denis Cormier

Articles

Precursor (Metal-organic decomposition (MOD)) inks are used to fabricate 2D and 3D printed conductive structures directly onto a substrate. By formulating a nanoalloy structure containing multiple metals, the opportunity to modify chemical and physical properties exists. In this paper, a copper-nickel bimetallic nanoalloy film was fabricated by mixing copper and nickel precursor inks and sintering them in vacuum. The individual elemental inks were formulated and characterized using SEM, EDS, and XRD. During thermal processing, elemental copper forms first and is followed by the formation of bimetallic copper-nickel alloy. The encapsulation of the underlying copper by the nickel-rich alloy provides excellent …

Equitable Gateways: Toward Expanded Federal Habeas Corpus Review Of State Court Criminal Convictions, Eve Brensike Primus

Articles

State prisoners who file federal habeas corpus petitions face a maze of procedural and substantive restrictions that effectively prevent almost all prisoners from obtaining meaningful review of their convictions. But it is a mistake to think that habeas litigation is just a Kafkaesque nightmare with no constructive potential. Federal courts do sometimes cut through the doctrinal morass to consider state prisoners’ claims, relying on what this Articleterms "equitable gateways" to federal habeas relief. Litigants and courts generally underestimate the potential these gateways offer, with the result that habeas litigation does not focus on them as often as it should. Here …

Formation Of Copper Nickel Bimetallic Nanoalloy Film Using Precursor Inks, Chaitanya G. Mahajan, Amanda R. Marotta, Bruce Kahn, Mark Irving, Surendra K. Gupta, Richard Hailstone, Scott A. Williams, Denis Cormier

Articles

Precursor (Metal-organic decomposition (MOD)) inks are used to fabricate 2D and 3D printed conductive structures directly onto a substrate. By formulating a nanoalloy structure containing multiple metals, the opportunity to modify chemical and physical properties exists. In this paper, a copper-nickel bimetallic nanoalloy film was fabricated by mixing copper and nickel precursor inks and sintering them in vacuum. The individual elemental inks were formulated and characterized using SEM, EDS, and XRD. During thermal processing, elemental copper forms first and is followed by the formation of bimetallic copper-nickel alloy. The encapsulation of the underlying copper by the nickel-rich alloy provides excellent …

Whistleblowing In The Irish Military: The Cost Of Exposing Bullying And Sexual Harassment, John Hogan, Sharon Feeney, Grace Flynn

Articles

Whistleblowing has gained increasing media attention over the past 40 years, as incidents of abuse and wrongdoing associated with businesses, religious institutions, the media and politics have come to light. In this article, we investigate the consequences of a military whistleblower’s actions for both himself and the military institution that he was a part of. The case concerns former army officer Dr. Tom Clonan and his findings concerning the bullying and sexual harassment of female personnel in the Irish Defence Forces at the turn of the century. As these revelations came to light over 17 years ago we are able …

Interactions Between Diet, Physical Activity, And The Sociocultural Environment For Older Adult Health In The Urban Subarctic., Britteny M. Howell

Articles

No abstract provided.

Reputation As A Disciplinarian Of International Organizations, Kristina Daugirdas

Articles

As a disciplinarian of international organizations, reputation has serious shortcomings. Even though international organizations have strong incentives to maintain a good reputation, reputational concerns will sometimes fail to spur preventive or corrective action. Organizations have multiple audiences, so efforts to preserve a “good” reputation may pull organizations in many different directions, and steps taken to preserve a good reputation will not always be salutary. Recent incidents of sexual violence by UN peacekeepers in the Central African Republic illustrate these points.