Digital Commons Network^™

Custodial Compulsion, Kyron J. Huigens

Articles

In cases that fall under Miranda v Arizona, police interrogators not only give a suspect reasons to confess; they also suggest that the suspect ought to confess. In doing so, interrogators effectively invoke the Wigmorean duty of a citizen to produce any evidence he has in his possession, including his own confession. That is, they invoke the duty against which the Self Incrimination Clause stands, so that the clause is applicable to police interrogations, and is violated where it is not waived. This means that “a Miranda violation” is a violation of the Self Incrimination Clause in the field, just …

Cannabis For Medical Use: Fda And Dea Regulation In The Hall Of Mirrors, Rebecca S. Eisenberg, Deborah B. Leiderman

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A majority of Americans now live in states that purport to authorize medical use of cannabis, although federal law continues to prohibit both recreational and medical use. The current legal regime for cannabis is unstable and may be more effective at deterring research than it is at deterring medical use. Lack of data on medical cannabis products poses public health risks as well as policy and legal challenges. Modified regulatory approaches for other kinds of products provide alternative models for encouraging safety and effectiveness research and providing better information about cannabis products already in clinical use.

Available Food Options At Local Shops In Relation To Food Insecurity Among Older Adults In Sharpeville, South Africa, Sanjoy Saha, Brenda Abu, Wilna Oldewage-Theron, Abdul Egal

Articles

Due to limited resources and complex food access systems in urban areas, especially older adults are more vulnerable to poor dietary intake and food insecurity in low-income areas in South Africa. This study assessed the prevalence of food insecurity among the older adults and explored the availability of healthy foods in local shops. It was a crosssectional study conducted in an eldercare centre in Sharpeville, South Africa with an estimated representative sample of 88 participants. Validated tools were used to measure the socio-economic, dietary diversity intake (24-hour dietary recall), household food security and access from the participants. Listing of available …

Moving Towards The Second Generation Of Lignocellulosic Biorefineries In The Eu: Drivers, Challenges, And Opportunities, Shady S. Hassan, Gwilym A. Williams, Amit K. Jaiswal

Articles

The EU aims to achieve a variety of ambitious climate change mitigation and sustainable development goals by 2030. To deliver on this aim, the European Commission (EC) launched the bioeconomy strategy in 2012. At the heart of this policy is the concept of the sustainable Biorefinery, which is based centrally on a cost-effective conversion of lignocellulosic biomass into bioenergy and bioproducts. The first generation of biorefineries was based on utilization of edible food crops, which raised a “food vs. fuel” debate and questionable sustainability issues. To overcome this, lignocellulosic feedstock options currently being pursued range from non-food crops to agroforestry …

Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway

Articles

The theoretically global responsibility to protect refugees is today heavily skewed, with just ten countries – predominantly very poor – hosting more than half of the world’s refugee population. Refugee protection has moreover become tantamount to warehousing for most refugees, with roughly half of the world’s refugees stuck in “protracted refugee situations” for decades with their lives on hold. Both concerns – the unprincipled allocation of responsibility based on accidents of geography and the desperate need for greater attention to resettlement as a core protection response – cry out for a global, managed system to protect refugees.

Long-Term Evidence For Fire As An Ecohydrologic Threshold-Reversal Mechanism On Woodland-Encroached Sagebrush Shrublands, Christopher Jason Williams, Frederick B. Pierson, Sayjro K. Nouwakpo, Patrick R. Kormos, Osama Z. Al-Hamdan, Mark A. Weltz

Articles

Encroachment of sagebrush (Artemisia spp.) shrublands by pinyon (Pinus spp.) and juniper (Juniperus spp.) conifers (woodland encroachment) induces a shift from biotic‐controlled resource retention to abiotic‐driven loss of soil resources. This shift is driven by a coarsening of the vegetation structure with increasing dominance of site resources by trees. Competition between the encroaching trees and understory vegetation for limited soil and water resources facilitates extensive bare intercanopy area between trees and concomitant increases in run‐off and erosion that, over time, propagate persistence of the shrubland‐to‐woodland conversion. We evaluated whether tree removal by burning can decrease late‐succession woodland …

Introduction To The Absolute Brightness And Number Statistics In Spontaneous Parametric Down-Conversion, James Schneeloch, Samuel H. Knarr, Daniela F. Bogorin, Mackenzie L. Levangie, Christopher C. Tison, Rebecca Frank, Gregory A. Howland, Michael L. Fanto, Paul M. Alsing

Articles

As a tutorial, we examine the absolute brightness and number statistics of photon pairs generated in spontaneous parametric down-conversion (SPDC) from first principles. In doing so, we demonstrate how the diverse implementations of SPDC can be understood through a single common framework, and use this to derive straightforward formulas for the biphoton generation rate (pairs per second) in a variety of different circumstances. In particular, we consider the common cases of both collimated and focused Gaussian pump beams in a bulk nonlinear crystal, as well as in nonlinear waveguides and micro-ring resonators. Furthermore, we examine the number statistics of down-converted …

Sustainable Energy Governance In South Tyrol (Italy): A Probabilistic Bipartite Network Model, Jessica Belest, Laura Secco, Elena Pisani, Alberto Caimo

Articles

At the national scale, almost all of the European countries have already achieved energy transition targets, while at the regional and local scales, there is still some potential to further push sustainable energy transitions. Regions and localities have the support of political, social, and economic actors who make decisions for meeting existing social, environmental and economic needs recognising local specificities.

These actors compose the sustainable energy governance that is fundamental to effectively plan and manage energy resources. In collaborative relationships, these actors share, save, and protect several kinds of resources, thereby making energy transitions deeper and more effective.

This research …

Complete Distributive Rules And The Single Tax Principle: A Review Of Recent Italian Case Law, Reuven S. Avi-Yonah, Gianluca Mazzoni

Articles

The authors, in this article, examine the application of complete distributive rules as set out in various tax treaties as it relates to the single tax principle by reference to recent Italian case law.

On 11 October 2018, in Decision No. 25219, the Italian Corte Suprema di Cassazione (Supreme Court, CSC) confirmed that treaty provisions limiting the exercise of the domestic power to tax by the source state also apply where the residence state does not actually tax the relevant item of income. In that case, where a tax treaty attributes exclusive tax jurisdiction over an item of income to …

Automatic Acquisition Of Annotated Training Corpora For Test-Code Generation, Magdalena Kacmajor, John D. Kelleher

Articles

Open software repositories make large amounts of source code publicly available. Potentially, this source code could be used as training data to develop new, machine learning-based programming tools. For many applications, however, raw code scraped from online repositories does not constitute an adequate training dataset. Building on the recent and rapid improvements in machine translation (MT), one possibly very interesting application is code generation from natural language descriptions. One of the bottlenecks in developing these MT-inspired systems is the acquisition of parallel text-code corpora required for training code-generative models. This paper addresses the problem of automatically synthetizing parallel text-code corpora …

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Ari Glogower, Rebecca Kysar, Darien Shanske, Reuven S. Avi-Yonah, Lily Batchelder, J. Clifton Fleming, Daniel Hemel, Mitchell Kane, David Miller, Daniel Shaviro, Manoj Viswanathan

Articles

The 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and the international tax regime. The complex legislation was drafted and passed through a rushed and secretive process intended to limit public comment on one of the most consequential pieces of domestic policy enacted in recent history. This Article is an effort to supply the analysis and deliberation that should have accompanied the bill’s consideration and passage, and describes key problem areas in the new legislation. Many of the new changes fundamentally undermine the integrity of the tax …

Biovr: A Platform For Virtual Reality Assisted Biological Data Integration And Visualization, Jimmy F. Zhang, Alex R. Paciorkowski, Paul A. Craig, Feng Cui

Articles

Background: Functional characterization of single nucleotide variants (SNVs) involves two steps, the first step is to convert DNA to protein and the second step is to visualize protein sequences with their structures. As massively parallel sequencing has emerged as a leading technology in genomics, resulting in a significant increase in data volume, direct visualization of SNVs together with associated protein sequences/structures in a new user interface (UI) would be a more effective way to assess their potential effects on protein function. Results: We have developed BioVR, an easy-to-use interactive, virtual reality (VR)-assisted platform for integrated visual analysis of DNA/RNA/protein sequences …

When Literature Scholars Write For General Readers: A Two Person, First Person Essay, Sue Norton, Laurence W. Mazzeno Prof.

Articles

This dually authored first-person essay offers a narrative account of the far-ranging writing experiences of two well-established academics who, like many others working in higher education, contribute writing to mainstream publications as well as to scholarly ones. The essay considers the implications for professional and personal reputations when material targeted at one kind of audience is easily accessible by another through internet ‘context collapse.’ It argues for an inextricable connection between authorial ethics and the essential rigour of all good writing, and it encourages scholar-writers to invest their energies in nonscholarly writing for its value to society.

Using Cognitive Mapping To Longitudinally Examine Political Brand Associations, Ewan Macdonald, Roger Sherlock, John Hogan

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This paper uses cognitive mapping techniques to understand how brand associations, an important aspect of political brand equity are formed, differ, and change, from the perspective of citizens, across the four largest Irish political parties between 2013 and 2016. The paper focuses in particular upon the strength, favourability and uniqueness of these brand associations. The results constitute a first attempt to longitudinally explore changing political brand associations through cognitive mapping techniques, using data generated with the participation of hundreds of citizens. Our findings suggest that this approach can contribute to our understanding of how and why political brand associations change …

Surveying The Scene: How Representatives’ Views Informed A New Era In Irish Workplace Dispute Resolution, Brian Barry

Articles

The Workplace Relations Act 2015 introduced a major overhaul of workplace dispute resolution bodies in Ireland, streamlining a complicated system for resolving workplace disputes comprising multiple fora into a two-tier structure. The article describes and analyses the results of two surveys undertaken by the author of the views of employment law and industrial relations practitioners and other representatives in Ireland before the reforms in 2011 and after the reforms in 2016. This article describes the purpose, methodology and considers the results of both surveys. The 2011 survey informed the agenda for reforming the Irish workplace dispute resolution system in 2015. …

Constitutional Liquidation, William Baude

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No abstract provided.

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Ari Glowgower, Rebecca Kysar, Darien Shanske

Articles

No abstract provided.

Reckless Juveniles, Kimberly Thomas

Articles

Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts.1 Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so long. This Article examines recklessness and related doctrines in light of the shifts in understanding of adolescent behavior and its biological roots, to see what insights we might attain, or what challenges these understandings pose to this foundational mens rea doctrine. Over the past decade, the U.S. Supreme …

Blockchain-Based Token Sales, Initial Coin Offerings, And The Democratization Of Public Capital Markets, Jonathan Rohr, Aaron Wright

Articles

Best known for their role in the creation of cryptocurrencies like bitcoin, blockchains are revolutionizing the way technology entrepreneurs finance their business enterprises. In 2017 alone, tech entrepreneurs raised over $6 billion through the sale of blockchain-based digital tokens, with some sales lasting mere seconds before selling out. In a token sale, also referred to as an “initial coin offering” or “ICO,” organizers of a project sell digital tokens to members of the public to finance the development of new technological platforms and services. After the initial sale, cryptocurrency exchanges scattered across the globe list tokens for trading and facilitate …

Use Of Novel Anthropomorphic Breast Ultrasound Phantoms For Radiology Resident Education, Jacinta Browne, Chris Gu, Robert Fazzio, Andrew J. Fagan, Donald Tradup, Nicholas Hangiandreou

Articles

Purpose: This study evaluated the training and assessment role of anthropomorphic breast ultrasound phantoms which simulated both the morphological and sonographic characteristics of breast tissue, including lesions, in a group of radiology residents at a large academic medical center. Methods: This was a prospective study involving 9 residents across all years (2^nd–4^th year) of a radiology residency program. Baseline assessments of all residents ability to detect and characterize lesions in P-I were carried out, followed by a two-hour teaching session on the same phantom. All residents underwent a post-training, final assessment on P-II to evaluate changes in …

Level Of Service And The Transit Neighbourhood: Observations From Dublin City And Surburbs, David O'Connor, Brian Caulfield

Articles

Few studies have looked at the impact Level-of-Service (LOS) might have on the distances people walk to public transport. The relationship, if any, has implications for transit-oriented-development and the viability of different transit modes serving suburban areas. This paper examines pedestrian catchment areas and LOS across a light rail, a metro rail and two bus corridors in Dublin. Public transport users have been surveyed at 17 stops around the city and their trip origin identified. Catchment areas for bus services with high levels of service were found to be comparable and often greater than those for LRT or metro …

18 U.S.C. § 3553(A)'S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In"“The Most Effective Manner", Erica Zunkel

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No abstract provided.

The Critical Juncture Concept’S Evolving Capacity To Explain Policy Change, John Hogan

Articles

This article examines the evolution of our understanding of the critical junctures concept. The concept finds its origins in historical intuitionalism, being employed in the context of path dependence to account for sudden and jarring institutional or policy changes. We argue that the concept and the literature surrounding it—now incorporating ideas, discourse, and agency—have gradually become more comprehensive and nuanced as historical institutionalism was followed by ideational historical institutionalism and constructivist and discursive institutionalism. The prime position of contingency has been supplanted by the role of ideas and agency in explaining critical junctures and other instances of less than transformative …

Innovation Policy Pluralism, Daniel Hemel, Lisa Larrimore Ouellette

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No abstract provided.

Could The Pope's Call To End The Death Penalty Keep Catholics Off Juries?, Aliza Plener Cover

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No abstract provided.

A Framework For Evaluating Model-Driven Self-Adaptive Software Systems, Basel Magableh

Articles

In the last few years, Model Driven Development (MDD), Component-based Software Development (CBSD), and context-oriented software have become interesting alternatives for the design and construction of self-adaptive software systems. In general, the ultimate goal of these technologies is to be able to reduce development costs and effort, while improving the modularity, flexibility, adaptability, and reliability of software systems. An analysis of these technologies shows them all to include the principle of the separation of concerns, and their further integration is a key factor to obtaining high-quality and self-adaptable software systems. Each technology identifies different concerns and deals with them separately …

Influence Of Sample Mixing Techniques On Engine Oil Contamination Analysis By Infrared Spectroscopy, Torrey Holland, Ali Mazin Abdul-Munaim, Dennis G. Watson, Poopalasingham Sivakumar

Articles

For the most reliable and reproducible results for calibration or general testing purposes of two immiscible liquids, such as water in engine oil, good emulsification is vital. This study explores the impact of emulsion quality on the Fourier transform infrared (FT-IR) spectroscopy calibration standards for measuring water contamination in used or in-service engine oil, in an attempt to strengthen the specific guidelines of ASTM International standards for sample preparation. By using different emulsification techniques and readily available laboratory equipment, this work is an attempt to establish the ideal sample preparation technique for reliability, repeatability, and reproducibility for FT-IR analysis while …

Context Oriented Software Middleware, Basel Magableh

Articles

This article proposes a new paradigm for building an adaptive middleware that supports software systems with self-adaptability and dependability. In this article, we wish to explore how far we can support the engineering of self- adaptive applications using a generic and platform-independent middleware architecture provided by non-specialised programming languages such as Context-Oriented Programming (COP), and Aspect-Oriented Programming (AOP), and not limited to a specific platform or framework. This gives the software developers the flexibility to construct a self-adaptive application using a generic and reusable middleware components that employ popular design patterns, instead of forcing the software developers to use a …

Deep Q Learning For Self Adaptive Distributed Microservices Architecture (In Press), Basel Magableh

Articles

One desired aspect of a self-adapting microservices architecture is the ability to continuously monitor the operational environment, detect and observe anomalous behavior, and provide a reasonable policy for self-scaling, self-healing, and self-tuning the computational resources in order to dynamically respond to a sudden change in its operational environment. The behaviour of a microservices architecture is continuously changing overtime, which makes it a challenging task to use a statistical model to identify both the normal and abnormal behaviour of the services running. The performance of the microservices cluster could fluctuate around the demand to accommodate scalability, orchestration and load balancing demands. …

Second Redemption, Third Reconstruction, Richard A. Primus

Articles

In The Accumulation of Advantages, the picture that Professor Owen Fiss paints about equality during and since the Second Reconstruction is largely a picture in black and white. That makes some sense. The black/white experience is probably the most important throughline in the story of equal protection. It was the central theme of both the First and Second Reconstructions. In keeping with that orientation, the picture of disadvantage described by Fiss’s theory of cumulative responsibility is largely drawn from the black/white experience. Important as it is, however, the black/white experience does not exhaust the subject of constitutional equality. So in …