Digital Commons Network^™

The Integrity Of Our Convictions: Holding Stakeholders Accountable In An Era Of Criminal Justice Reform, Barry Scheck

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The article argues for the implementation of systemic mechanisms to ensure accountability and transparency among criminal justice stakeholders to move away from a "win-at-all-costs" mentality. It proposes a transition toward a "just culture" that prioritizes learning from error and forward-looking accountability through structural reforms in discovery, misconduct tracking, and indigent defense.

Metamorphosis: A Minority Professor's Life, Richard Delgado

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This article is a dark semiautobiographical takeoff on a famous novel by Franz Kafka I use the predicament of Gregor the central character in The Metamorphosis as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law It proceeds in a series of 37 short vignettes told in the course of a bedside conversation in which my young firebrand Rodrigo turns tables on his usual foil and straight man "the Professor" and asks him a few questions about his life and career Until now the two had focused on …

Children's Rights To A Livable Future, Richard Delgado

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No abstract provided.

Community Consequences Of Airbnb, Allyson E. Gold

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Short-term rental accommodations account for more than 20% of the United States lodging market, with annual sales now greater than those of nearly all legacy hotel brands. The rise of companies like Airbnb has created a booming market that provides affordable short-term rentals for travelers and new income for those with an extra couch, spare room, or even an unused home. However, while individual hosts and guests may benefit economically, the use of short-term rentals produces significant consequences for the surrounding community. Airbnb proliferation causes fewer affordable housing options, higher average asking rents, and erosion of neighborhood social capital. Due …

"Sorry" Is Never Enough: How State Apology Laws Fail To Reduce Medical Malpractice Liability Risk, Benjamin Mcmichael, R. Lawrence Van Horn, W. Kip Viscusi

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Based on case studies indicating that apologies from physicians to patients can promote healing, understanding, and dispute resolution, thirty-nine states (and the District of Columbia) have sought to reduce litigation and medical malpractice liability by enacting apology laws. Apology laws facilitate apologies by making them inadmissible as evidence in subsequent malpractice trials.

The underlying assumption of these laws is that after receiving an apology, patients will be less likely to pursue malpractice claims and will be more likely to settle claims that are filed. However, once a patient has been made aware that the physician has committed a medical error, …

Don't Reject Federal Prosecutors' Role In Criminal Justice Reform Crimfest 2019, Joyce Vance

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No abstract provided.

The Progressive Idea Of Democratic Administration, William J. Novak

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The first thing to acknowledge about administration is that administration is coincident with governance. Far from being a modern invention or some kind of radical departure from an original political or legal tradition, administration is among the oldest practices of governments. Indeed, it is impossible to conceive of government without administration. Laws need to be enforced, legislation needs to be implemented, and collective goods need to be secured. Governance is mostly a matter of actions and practices, making administration perhaps the most truly reflective aspect of legal and political culture.

Imi – Myopia Control Reports Overview And Introduction, James S. Wolffsohn, Daniel Ian Flitcroft, Kate L. Gifford, Monica Jong, Lyndon Jones, Caroline C. W. Klaver, Nicola S. Logan, Kovin Naidoo, Serge Resnikoff, Padmaja Sankaridurg, Earl L. Smith Iii, David Troilo, Christine F. Wildsoet

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With the growing prevalence of myopia, already at epidemic levels in some countries, there is an urgent need for new management approaches. However, with the increasing number of research publications on the topic of myopia control, there is also a clear necessity for agreement and guidance on key issues, including on how myopia should be defined and how interventions, validated by well-conducted clinical trials, should be appropriately and ethically applied. The International Myopia Institute (IMI) reports the critical review and synthesis of the research evidence to date, from animal models, genetics, clinical studies, and randomized controlled trials, by more than …

Catch And Kill: Does The First Amendment Protect Buying Speech To Bury It?, Leonard M. Niehoff

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The news media usually chase stories in order to publish them—but sometimes not so much. In some instances, media entities vigorously pursue a story—and purchase the source’s right to tell it—for the specific purpose of ensuring that it does not see the light of day. This practice, commonly called “catch and kill,” has recently come under close scrutiny and raises a host of questions.

These include pragmatic questions: Does the practice work? Can the media entity (or a third-party beneficiary) really enforce the underlying contract? Doesn’t the source’s willingness to abide by the contract come down to a simple economic …

Social Freedom, Democracy And The Political: Three Reflections On Axel Honneth's Idea Of Socialism, Stephen W. Sawyer, William J. Novak, James T. Sparrow

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Axel Honneth’s Idea of Socialism is an important clarion call for an urgent rethinking of the possibilities of a socialism for the twenty-first century. One of the most surprising and satisfying aspects of Axel Honneth’s timely new book is its recovery of the continued vitality of John Dewey’s pragmatic democratic philosophy. These reflections on Honneth’s use of John Dewey for democratizing social freedom, take stock of and explore the political limits of Honneth’s social reconstruction.

Clown Eggs, Dave Fagundes, Aaron Perzanowski

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Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller derby …

The Private Law Critique Of International Investment Law, Julian Arato

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This Article argues that investment treaties subtly constrain how nations organize their internal systems of private law, including laws of property, contracts, corporations, and intellectual property. Problematically, the treaties do so on a one-size-fits-all basis, disregarding the wide variation in values reflected in these domestic legal institutions. Investor-state dispute settlement exacerbates this tension, further distorting national private law arrangements. This hidden aspect of the system produces inefficiency, unfairness, and distributional inequities that have eluded the regime's critics and apologists alike.

Privacy In The Age Of Medical Big Data, W. Nicholson Price Ii, I. Glenn Cohen

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Big data has become the ubiquitous watch word of medical innovation. The rapid development of machine-learning techniques and artificial intelligence in particular has promised to revolutionize medical practice from the allocation of resources to the diagnosis of complex diseases. But with big data comes big risks and challenges, among them significant questions about patient privacy. Here, we outline the legal and ethical challenges big data brings to patient privacy. We discuss, among other topics, how best to conceive of health privacy; the importance of equity, consent, and patient governance in data collection; discrimination in data uses; and how to handle …

Shadow Health Records Meet New Data Privacy Laws, W. Nicholson Price Ii, Margot E. Kaminski, Timo Minssen, Kayte Spector-Bagdady

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Large sets of health data can enable innovation and quality measurement but can also create technical challenges and privacy risks. When entities such as health plans and health care providers handle personal health information, they are often subject to data privacy regulation. But amid a flood of new forms of health data, some third parties have figured out ways to avoid some data privacy laws, developing what we call “shadow health records”—collections of health data outside the health system that provide detailed pictures of individual health—that allow both innovative research and commercial targeting despite data privacy rules. Now that space …

An American Approach To Social Democracy: The Forgotten Promise Of The Fair Labor Standards Act, Kate Andrias

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There is a growing consensus among scholars and public policy experts that fundamental labor law reform is necessary in order to reduce the nation’s growing wealth gap. According to conventional wisdom, however, a social democratic approach to labor relations is uniquely un-American—in deep conflict with our traditions and our governing legal regime. This Article calls into question that conventional account. It details a largely forgotten moment in American history: when the early Fair Labor Standards Act (FLSA) established industry committees of unions, business associations, and the public to set wages on an industry-by-industry basis. Alongside the National Labor Relations Act, …

Class Actions, Indivisibility, And Rule 23(B)(2), Maureen Carroll

Articles

The federal class-action rule contains a provision, Rule 23(b)(2), that authorizes class-wide injunctive or declaratory relief for class-wide wrongs. The procedural needs of civil rights litigation motivated the adoption of the provision in 1966, and in the intervening years, it has played an important role in managing efforts to bring about systemic change. At the same time, courts have sometimes struggled to articulate what plaintiffs must show in order to invoke Rule 23(b)(2). A few years ago, the Supreme Court weighed in, stating that the key to this type of class action is the “indivisible” nature of the remedy the …

Targeting Poverty In The Courts: Improving The Measurement Of Ability To Pay Fines, Meghan M. O'Neil, J.J. Prescott

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Ability-to-pay determinations are essential when governments use money-based alternative sanctions, like fines, to enforce laws. One longstanding difficulty in the U.S. has been the extreme lack of guidance on how courts are to determine a litigant’s ability to pay. The result has been a seat-of-the-pants approach that is inefficient and inaccurate, and, as a consequence, very socially costly. Fortunately, online platform technology presents a promising avenue for reform. In particular, platform technology offers the potential to increase litigant access, reduce costs, and ensure consistent and fair treatment—all of which should lead to more accurate sanctions. We use interviews, surveys, and …

Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters

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The article comments on a Grand Chamber judgment by the Court of the European Union on animal slaughter according to Islamic prescriptions. The relevant European Union laws prescribe that religious slaughter without stunning of the animal may only take place in approved slaughterhouses. This causes a shortage during the Muslim Feast of Sacrifice in the Belgian province ofAntwerp. The EU law provisions are in conformity with the animal welfare mainstreaming clause of the Treaty on the Functioning of the European Union. Moreover, the EU regulation and its application in the concrete case does not violate the fundamental right of free …

Pitfalls In The Use Of Foreign Direct Investment Statistics, Clare O'Mahony, Frank Barry

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Foreign direct investment (FDI) statistics are widely used to study the impact of international capital movements and multinational enterprise (MNE) activities. FDI-intensity is also an important indicator of globalisation and economic integration. Datasets spanning long time periods and with broad country coverage have been employed in numerous studies to analyse various aspects of the determinants and consequences of FDI. Focusing on a relatively homogeneous group of six Western European EU countries, the present study finds major inconsistencies in the construction and coverage of these data both through time and across countries, leading to large discrepancies. Asymmetries will be far greater …

A U-Net Deep Learning Framework For High Performance Vessel Segmentation In Patients With Cerebrovascular Disease, Michelle Livne, Jana Rieger, Orhun Utku Aydin, Abdel Aziz Taha, Ela Marie Akay, Tabea Kossen, Jan Sobesky, John D. Kelleher, Kristian Hildebrand, Dietmar Frey, Vince I. Madai

Articles

Brain vessel status is a promising biomarker for better prevention and treatment in cerebrovascular disease. However, classic rule-based vessel segmentation algorithms need to be hand-crafted and are insufficiently validated. A specialized deep learning method—the U-net—is a promising alternative. Using labeled data from 66 patients with cerebrovascular disease, the U-net framework was optimized and evaluated with three metrics: Dice coefficient, 95% Hausdorff distance (95HD) and average Hausdorff distance (AVD). The model performance was compared with the traditional segmentation method of graph-cuts. Training and reconstruction was performed using 2D patches. A full and a reduced architecture with less parameters were trained. We …

Surface Waves Over Currents And Uneven Bottom, Alan Compelli, Rossen Ivanov, Calin I. Martin, Michail D. Todorov

Articles

The propagation of surface water waves interacting with a current and an uneven bottom is studied. Such a situation is typical for ocean waves where the winds generate currents in the top layer of the ocean. The role of the bottom topography is taken into account since it also influences the local wave and current patterns. Specific scaling of the variables is selected which leads to approximations of Boussinesq and KdV types. The arising KdV equation with variable coefficients, dependent on the bottom topography, is studied numerically when the initial condition is in the form of the one soliton solution …

Riemann-Hilbert Problem, Integrability And Reductions, Vladimir Gerdjikov, Rossen Ivanov, Aleksander Stefanov

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Abstract. The present paper is dedicated to integrable models with Mikhailov reduction groups G_R ≃ D_h. Their Lax representation allows us to prove, that their solution is equivalent to solving Riemann-Hilbert problems, whose contours depend on the realization of the G_R-action on the spectral parameter. Two new examples of Nonlinear Evolution Equations (NLEE) with D_h symmetries are presented.

Does It Take Three To Dance The Tango? Organizational Design, Triadic Structures And Boundary Spanning Across Subunits, Stefano Tasselli, Alberto Caimo

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In this paper, we investigate the processes of boundary spanning across subunits within organizational networks. We hypothesize that patterns of advice across organizational subunits are explained by different triadic mechanisms depending on the organizational design of the intra-organizational network. In organizational networks characterized by flat hierarchy, we found triadic cyclic closure to be positively associated to boundary spanning across subunits; but when the network reflects an organizational structure with formal hierarchical differentiation among members, then we found triadic transitive closure to be associated to boundary spanning across subunits. We test these predictions in two empirical studies consisting of two organizational …

Benjamin-Ono Model Of An Internal Wave Under A Flat Surface, Alan Compelli, Rossen Ivanov

Articles

A two-layer uid system separated by a pycnocline in the form of an internal wave is considered. The lower layer is infinitely deep, with a higher density than the upper layer which is bounded above by a at surface. The uids are incompressible and inviscid. A Hamiltonian formulation for the dynamics in the presence of a depth-varying current is presented and it is shown that an appropriate scaling leads to the integrable Benjamin-Ono equation.

Using Drawings To Understand Perceptions Of Civic Engagement Across Disciplines: ‘Seeing Is Understanding’, Sharon Feeney, John Hogan

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In this article, we wish to investigate if disciplinary differences exist among students when considering the topic of civic engagement. We use freehand drawing to create a learning environment in the classroom wherein students can seek to develop meaningful associations with civic engagement. The drawings examined here, produced by three different class groups, provide insights into how young adults perceive their society and their place in it, and thus communicate their understanding of civic engagement. Freehand drawing, in bypassing cognitive verbal processing routes, leads students to produce clearer and more holistic images. It allows them to put into visuals a …

(E)-6,6′-(Diazene-1,2-Di­Yl)Bis­(1,10-Phenanthrolin-5-Ol) Tri­Chloro­Methane Disolvate: A Superconjugated Ligand, Muhib Ahmed, Michael Devereux, Vickie Mckee, Malachy Mccann, A. Denise Rooney

Articles

Phenanthroline ligands are important metal-binding mol­ecules which have been extensively researched for applications in both material science and medicinal chemistry. Azo­benzene and its derivatives have received significant attention because of their ability to be reversibly switched between the E and Z forms and so could have applications in optical memory and logic devices or as mol­ecular machines. Herein we report the formation and crystal structure of a highly unusual novel diazo-diphenanthroline compound, C24H14N6O2·2CHCl3.

Innovating Inclusion: The Impact Of Women On Private Company Boards, Jennifer S. Fan

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Eight percent—that is the percentage of women who serve on the boards of directors of private high technology companies. Private companies, particularly high technology companies, have transformed citizens’ daily lives, while the unprecedented availability of private capital has allowed those companies to remain private longer. This rise, however, has also obscured some of the weaknesses of private companies, which are not subject to public disclosure and regulatory oversight: rampant sexual harassment, the lack of women leaders in technology companies, the relative absence of female venture capitalists, and the dearth of female board members, to name a few. Yet thus far, …

Note: The Prisoner’S Dementia: Ethical And Legal Issues Regarding Dementia And Healthcare In Prison, David M. N. Garavito

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This Note will give an overview of the political and legal issues that lead to the underdiagnosing of dementias in prison populations and the problems associated with such underdiagnosing. Part I will discuss various forms of dementia that place the prison population at risk, providing general information about both pathology and symptomology of these disorders. Part II will provide an overview of the laws and policies surrounding the healthcare of prisoners and how these policies could lead to underdiagnosing problems specifically with neurological problems like dementia. Part III will describe how the symptomology of dementia, especially for those who remain …

Uncompromising Hunger For Justice: Resistance, Sacrifice, And Latcrit Theory, Brenda Williams, Edwin Lindo, Marc-Tizoc González

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In this Article, three law professors report on and theorize a nonviolent direct-action campaign of the kind discussed by Dr. King in his famous Letter from a Birmingham Jail. Using the basic steps of the nonviolent campaign as an organizing framework, they analyze and report on the 18-day hunger strike by the Frisco 5 (a.k.a., Frisco5). This direct action protested the extrajudicial killings of Amilcar Perez-Lopez, Alex Nieto, Luis Góngora-Pat, and Mario Woods by San Francisco Police Department (SFPD) officers and advocated for institutional change to reduce the risk of homicides against persons with similarly racialized minority-group identities. Two weeks …

Social Justice And Deposit Return Calculations: A Study Of Success And Failure In Commercial Law Reform, William H. Widen

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No abstract provided.