Digital Commons Network^™

Real-World Prior Art, Jonathan Masur, Lisa Ouellette

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No abstract provided.

Competition And Congestion In Trademark Law, Jonathan Masur, Christopher Buccafusco, Mark Mckenna

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No abstract provided.

The Magnet School Wars And The Future Of Colorblindness, Sonja Starr

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The Supreme Court’s recent decision striking down the use of race-based classifications in university admissions reflects its growing commitment to the concept of “colorblindness,” which has implications well beyond education. In anticipation, many schools and other actors are already moving toward alternative, facially race-neutral strategies for promoting diversity and reducing racial disparity. But what will happen when those policies too are challenged because they have race-related motives? Will courts soon find all race-conscious policymaking unlawful based on its ends? This is the next stage of the legal battle over colorblindness, and it is already underway.

The first wave of this …

Grid Reliability In The Electric Era, Joshua Macey, Hannah Wiseman, Shelley Welton

Articles

The United States has delegated the responsibility of keeping the lights on to a self-regulatory organization called the North American Electric Reliability Corporation (NERC). Although NERC is a crucial example of industry-led governance—and regulates in an area that is central to our economy and basic human survival—this unusual institution has received scant attention from policymakers and scholars. Such attention is overdue. To decarbonize its economy, the United States must enter a new “electric era,” transitioning many sectors to run on electricity while also transforming the electricity system itself to run largely on clean but intermittent renewable resources. These new resources …

On The Genealogy Of Intimate Digital Harm, Aziz Huq

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No abstract provided.

Insolvency Courts: General Principles For Systems Design, Anthony Casey, Joshua Macey

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This article sets out general principles for designing the role of corporate insolvency courts. The authors identify four general considerations relevant to that design: (a) the sophistication and development of the relevant private markets and private law, (b) the applicable background corporate law principles, (c) the competence—in terms of experience and sophistication, capacity and resources, efficiency, and neutrality and lack of corruption—of the courts in question, and (d) the availability of alternative systems through forum and venue shopping or other forms of exit. Having identified these considerations, the article then explores how each affects the role that insolvency courts should …

The Shadow Of The Law Of The Police, Adam Davidson

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No abstract provided.

The North Of Ireland During The Interregnum: A Gramcian Analysis Of Power And Crisis, Chris Ó'Rálaigh

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The North of Ireland was induced in to existence over a century ago, yet the polity lacked societal-wide legitimacy. The outbreak of conflict in 1968 signalled the beginning of an interregnal period in which the old order was substantially challenged. Whilst the Good Friday Agreement was idealised as an end to this interregnum, Brexit has re-opened the battle for politico-ideological supremacy. This paper traces the contours of the hegemony-seeking strategies of the various political actors from 1968-present and assesses whether we are in the crucial and final phase of the organic crisis of the North of Ireland.

Social Care Managers' Perspectives On Statutory Registration Of Social Care Workers In Ireland, Audrey Moore, Kevin Lalor

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The focus of this paper is social care managers' views on the impact of the statutory registration of social care workers in Ireland. The findings suggest that registration is welcomed by social care managers who believe that it will impact positively on societal recognition of social care workers as professionals and that it will improve accountability within the sector. However, the findings also suggest that there is confusion regarding information about registration and issues remain in the sector regarding multiplicity of titles, roles, and duties of social care workers. We conclude that the opening of the register is only a …

Advances In Nanomaterials And Colorimetric Detection Of Arsenic In Water: Review And Future Perspectives, Abhijnan Bhat, Furong Tian, Baljit Singh

Articles

Arsenic, existing in various chemical forms such as arsenate (As(V)) and arsenite (As(III)), demands serious attention in water and environmental contexts due to its significant health risks. It is classified as “carcinogenic to humans” by the International Agency for Research on Cancer (IARC) and is listed by the World Health Organization (WHO) as one of the top 10 chemicals posing major public health concerns. This widespread contamination results in millions of people globally being exposed to dangerous levels of arsenic, making it a top priority for the WHO. Chronic arsenic toxicity, known as arsenicosis, presents with specific skin lesions like …

Can Community Festivals Make Urban Places More Hospitable?, Bernadette Quinn

Articles

Cultivating places and spaces to encourage sociality and foster sociocultural inclusion is a very pertinent societal challenge. Community festivals are often marshalled in the interest of making cities more hospitable for the increasing numbers of migrants, refugees, remote workers and tourists internationally on the move. This study investigates if and how community festivals are constructing hospitality through their practices. The findings are drawn from a qualitative study of two community festivals in Dublin's North East Inner City, an ethnically diverse area characterized by social disadvantage. They suggest that community festivals can make places more hospitable. However, the approaches taken to …

Light And Dark Mode: A Comparison Between Android And Ios App Ui Modes And Interviews With App Designers And Developers, Sarah Andrew, Chelsea Bishop, Garreth W. Tigwell

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Mobile app light and dark modes offer improved usability within different contexts (e.g., dark mode for easier night reading). Yet, little research has investigated the prevalence of light and dark modes across platforms, the intricacies of UI color changes, and challenges in the design and development process. Our investigation focused on comparing light and dark mode designs. We carried out a manual inspection of 120 popular Android and iOS apps to find that only 55\% (Android) and 48\% (iOS) of the apps included any modes. We also found significant variability in how many UI elements changed between modes. We interviewed …

“There’S A Lifestyle, An Appreciation, A Beauty”: An Interpretative Phenomenological Analysis Of Masters Rowers, Jason Rich, Pamela Beach, Heidi K. Byrne

Articles

Masters rowing has seen a measurable increase in participation, with masters rowers engaged in the sport for competition, health, and recreation reasons. Unlike other masters sports, masters rowing has a unique high level of synchronous, cooperative, and interdependent elements. To better understand the benefits and challenges of participation in competitive masters rowing, the purpose of this study was to explore the lived experiences of competitive masters rowers. Twelve competitive masters rowers were recruited and interviewed. Utilizing an interpretative phenomenological analysis approach to guide data collection, analysis, and interpretation, the analysis revealed four major themes: navigating community relationships, finding a reason …

Tu Dublin Music Collections, Cliona Doris

Articles

An article on the TU Dublin music collections for Sound Post, the newsletter of the Musicians' Union of Ireland. The article is part of a series of articles on music collections in Ireland commissioned by John Swift.

Back To The Future? Rishi Sunak's Industrial Strategy, James Silverwood, Richard Woodward

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Since becoming Prime Minister, Rishi Sunak has been variously described as pursuing a ‘furtive', ‘surreptitious' and ‘apologetic' industrial strategy. Terms such as industrial policy and industrial strategy have been expunged from official speeches and policy documents, yet industrial intervention remains widespread. In adopting this approach, the article argues that Sunak has returned the UK to an industrial policy consensus established under Thatcherism. This consensus places in the foreground pro-market rhetoric and policies suggesting that industrial strategy should be limited to the correction of market failure, while in the background the state actively intervenes to shape the structure of the economy …

The Belfast/Good Friday Agreement And Transformative Change: Promise, Power And Solidarity, Fionnuala Ní Aoláin

Articles

In 2023 the 1998 Belfast/Good Friday Agreement marks its twenty-fifth anniversary. For many the Agreement projects a global image of a successfully concluded end to conflict. However, key aspects of the agreement remain under-enforced or simply undelivered: in particular, provisions related to significant and wide-ranging guarantees addressing human rights and equality of opportunity. As a result, socio-economic and cultural deficits persist, undermining the capacity to achieve a ‘positive peace’. In this article we address the question of how transformative the Agreement and associated reforms have been in addressing the root causes of the conflict and the structures that underpinned it. …

Stakeholder Governance As Governance By Stakeholders, Brett H. Mcdonnell

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Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.

This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …

Populist Politics And International Business Policy: Problems, Practices, And Prescriptions For Mnes, Paul Vaaler, Christopher Hartwell, Barclay James, Thomas Lindner, Jakob Müllner

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In this editorial introduction to the Special Issue on populism, we discuss different approaches to defining populism in ways relevant to multinational enterprise (MNE) strategy and organization. In addition, we demonstrate how populist host-country government policies often target MNEs in ways that give rise to distinctly new forms of discriminatory treatment. This theoretical background sets the stage for the papers of this Special Issue, explaining the origins of these populist host-country government policies and the impact of such policies on FDI and international trade. We conclude with various suggestions for advancing IB policy research on populism, including building a better …

Opportunistic Breach Of Contract, Francesco Parisi, Brian H. Bix, Ariel Porat

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Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We …

"With Great Power Comes Great Responsibility": Improving Your Feedback And Hallmarks Of Effective Feedback, Randall Ryder

Articles

Effective feedback can change a law student’s trajectory in law school and beyond. The feedback-centric nature of experiential learning courses allows law students to both develop their skills and personal lawyering style. However, many experiential instructors are from a different generation, with different expectations and communication styles than today’s law students. This article highlights hallmarks of effective feedback for the modern law school classroom. As the field of law continues to evolve, law schools will need to as well.

This article discusses four key hallmarks: (1) provide feedback in multiple formats,(2) help each student develop their personal style, (3) explain …

Platform Unions, Charlotte Garden

Articles

How should we regulate social media platforms to prevent harmful treatment of users? Regulators, advocates, and scholars have grappled with this problem for years. Many proposed solutions, ranging from improving privacy disclosures, to promoting competition between platforms, to requiring platforms to pay users for their data, are at best incomplete.

This Article begins from the premise that platform problems are collective problems and proposes a collective solution: empowering users to organize platform unions. Much like labor unions give employees a say in in their working conditions even when they lack individual bargaining power, platform unions would facilitate collective bargaining over …

Second, But Not Last: Competition With Positive Spillovers, Francesco Parisi

Articles

This paper extends the traditional rent-seeking model to consider contests in which the effects of the contestants’ efforts are externally unproductive (i.e., redistributive) but internally productive (i.e., with positive spillover effects on other contestants). Our results show that when players act sequentially, the presence of positive spillovers on other contestants may reduce, or even reverse, the first-mover’s advantage. A second-mover advantage is very likely to arise. Notably, in contests with multiple players, the second-mover advantage does not unravel into a last-mover advantage. Players want to be second, but not last. The comparative statics analysis shows how the strength of positive …

Destruction, Proportionality, And Sustainability: A Law-And-Economics Analysis, Thomas F. Cotter

Articles

This Paper undertakes a law-and-economics analysis of the remedy of destruction (and, subsidiarily, the related remedies of recall and removal) of products that infringe intellectual property (IP) rights. We begin with a brief survey of international, regional, and domestic law and practice, observing that (1) courts generally are believed to be more likely to order the destruction of copyright- and trademark-infringing goods than of patent-infringing goods, and (2) the frequency with which courts order the destruction of patent-infringing goods varies from one country to another. Our observations lead us to present two principal theses.

The first is that a comparative …

Importance And Interpretive Questions, Ilan Wurman

Articles

In its October 2021 Term, the Supreme Court formalized what it calls the major questions doctrine. The doctrine, as currently formulated, appears to require a clear and specific statement from Congress if Congress intends to delegate questions of major political or economic significance to agencies. The doctrine has been almost universally assailed on the right by scholars who argue that the doctrine is inconsistent with textualism and on the left by those who claim it is a recently invented, functionalist tool devised to reach antiadministrativist results. One can explain at least some of the cases, however, in a way that …

Ot '22 And The Path Of Administrative Law, Ilan Wurman

Articles

This symposium piece reflects on the Supreme Court’s October 2022 term and what it reveals for the direction of administrative law. It argues first that the nondelegation doctrine is dead but not for the reason functionalists have been arguing for so long. It is dead rather because the causes of its revival have been effectively removed. Nondelegation concerns are most felt when there is significant executive unilateralism; in the past such unilateralism was encouraged by the Chevron doctrine, which allows the executive branch to interpret statutes creatively and, so long as those interpretations are plausible, requires courts to defer to …

Legal Endearment: An Unmarked Barrier To Transforming Policing, Public Safety, And Security, Emmanuel Mauleón

Articles

The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and determine what must be done to transform it. And yet, even after the mobilization of one of the largest racial justice movements in American history, transformative change remains elusive. This Article offers an answer to this puzzle by foregrounding White people’s collective relationship with policing and describing how this …

Institutional Flexibility In Tax Law And Enforcement, Claire Hill, Francesco Parisi, Emanuela Carbonara, Philip A. Curry

Articles

This paper examines how governments can optimally audit to discourage tax avoidance. We assume that an accounting firm designs and promotes strategies for tax avoidance. This firm adapts the quality and diversity of these strategies in response to shifts in government policies. We investigate when it is more effective to approve some methods while cracking down on others, rather than targeting all tax-avoidance activities uniformly. We find that selectively enforcing against specific methods can be optimal. This approach not only reduces the quality but also limits the variety of tax avoidance activities in the market and positively impacts the government’s …

The Conservative Case For Esg, Richard Painter

Articles

There is a growing consensus across the political spectrum that corporations should not just make money for shareholders but also advance the public good. Conservatives and liberals often disagree about what the public good is, or what the priorities of corporate governance should be, but both sides are discontent with corporations focusing only on profits.

This Article discusses reasons why political conservatives should support efforts to include environmental, social and governance (ESG) factors in corporate governance. Conservatives do not embrace contemporary ESG rhetoric which they associate with liberal social and economic viewpoints, but conservatives nonetheless oppose corporations maximizing profits at …

Shareholders All The Way Down: Eu Corporate Sustainability Reforms And The Structure Of Corporate Governance, Matthew Bodie

Articles

The laws and norms of corporate law are changing across the globe. Gone are the days when scholars could confidently predict that shareholder wealth maximization would be the universal metric of corporate success. Instead, corporate leaders, governments, workers, activists, and even shareholders are looking beyond simplistic models of shareholder primacy to a broader understanding of corporate responsibility. This new approach has taken its firmest hold in the European Union, where three directives over the last decade have reshaped reporting requirements and directors’ duties in significant ways, pushing for greater accountability and attention to the needs of stakeholders.

Changes to company …

Fatherhood, Family Law, And The Crisis Of Boys And Men, June Carbone, Clare Huntington

Articles

Boys and men in all racial and ethnic groups and across most socioeconomic groups are struggling on many fronts, including education, employment, physical and mental health, and social integration. In these areas and more, boys and men are much worse off than they were only a few decades ago. The crisis—which is concentrated among men without college degrees—is rooted in large-scale structural changes to the economy that have decimated jobs for this group and policy choices that emphasize incarceration while doing little to address economic inequality.

The decline in male well-being is not just a problem for boys and men. …