Digital Commons Network^™

James And Peirce On The Importance Of Individuals: The Differences That Make A Difference, Susan Haack

Articles

No abstract provided.

The Replication Crisis And Ip Law: A Novel Policy Tool For Open Science, Or Cohen Sasson, Ofer Tur‐Sinai

Articles

In recent years, the scientific community has faced a considerable problem the replication crisis. Replication is the process of verifying scientific findings by repeating a published study. It is considered a cornerstone of the scientific enterprise, contributing to the credibility of research findings. Over the past two decades, however, replication has become increasingly difficult; in fact, in some disciplines the non-replicability rate is over 50%. A major factor accounting for this is diminished access to research materials required for replication (replication materials). This problem is particularly acute in computational studies, where the code, software documentation, datasets, and other information are …

"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada

Articles

This Article, co-authored by a law school clinician and an artist and lawyer, explores collaborations between the artist, a child advocacy clinic, and its clients (children in state foster care) in building a community that empowers clients by giving them voice through both traditional legal advocacy and non-traditional forms of socially engaged artistic expression. The Article aims to address some of the challenges and benefits of clinics creating alliances with artists and community-based arts organizations as part of their teaching and advocacy missions. We describe and provide examples of the practice of law as a creative exercise and argue that …

How Law Schools Can Fight For Fearless Speech, Mary Anne Franks

Articles

No abstract provided.

The Ties That Bind Us: An Empirical, Clinical, And Constitutional Argument Against Terminating Parental Rights, Vivek S. Sankaran, Christopher Church

Articles

This Article explores the unnecessary termination of a child's relationship with their parent from an empirical, clinical, and constitutional lens. Part I explores administrative data related to TPR, which like many child protection metrics, resembles nothing short of a wild west of practices and policies relating to how often and how fast child protection systems terminate parental rights. These data also reveal how TPR can unnecessarily delay legal permanency for children, particularly those children who are living with extended family, and how a State pursuing TPR can drain its own scarce resources, a system perpetually decrying insufficient resources. Part II …

Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham

Articles

It is not easy these days to talk about race in America, especially in a diverse group across racial lines. This is because people tend to feel strongly about these controversial issues, and when they disagree, they end up calling each other bad names, and that upsets their stomachs; then, they cannot enjoy the good food and drink that often accompany such events. So many simply choose not to attend, burying their heads in the sand. This Essay discusses several controversial aspects of the relevance of slavery law to issues of racial inequality today. Racial profiling has been a consistent …

The Afterlife Of Confederate Monuments, Jessica Owley, Jess Phelps

Articles

As communities increasingly remove Confederate monuments from public spaces, they must decide what to do with these troubled statues. Given the recent wave of monument removal, we consider how property law and other restrictions impact community decisions on the disposition of monuments removed from public spaces on two levels by location and future owner. In considering the fate of removed monuments, we profile potential destinations including museums, battlefields, cemeteries, and even storage. Alongside these examples, we discuss how laws constrain (or fail to constrain) the options for new owners and the restrictions on where monuments can be relocated. Even where …

Strategic Citations: Beyond The Bluebook, David J.S. Ziff

Articles

Lawyers love thinking about writing. We love it so much that this issue of the Litigation and Trial Practice-Staff Council Committee Newsletter is devoted to writing tips. And for good reason. Words are our business, so we want to ensure that we’re using them as effectively as possible.

Often, however, when lawyers discuss writing, we ignore an important part of what we write. Sprinkled throughout our carefully crafted prose, legal writing includes other, uglier sentences—sentences with their own grammar of sorts, those little clumps of italicized case names, the reporter numbers and abbreviations, often with multiple parentheticals at the end. …

Who Owns Data? Constitutional Division In Cyberspace, Dongsheng Zang

Articles

Privacy emerged as a concern as soon as the internet became commercial. In early 1995, Lawrence Lessig warned that the internet, though giving us extraordinary potential, was “not designed to protect individuals against this extraordinary potential for others to abuse.” The same technology can “destroy the very essence of what now defines individuality.” Lessig urged that “a constitutional balance will have to be drawn between these increasingly important interests in privacy, and the competing interest in collective security.” Lessig envisioned that creating property rights in data would help individuals by giving them control of their data. As utopian as property …

Startup Biases, Jennifer S. Fan

Articles

This Article provides an original descriptive account of bias in the startup context and explains why litigation is eschewed and what happens when it is used as a mechanism to combat bias in the venture capital ecosystem. Further, this Article identifies two particular phenomena in the startup context that exacerbate gender and racial bias. First, homophily—the idea that like attracts like—abounds and has been part of the DNA of venture capital since its inception. The thick networks that developed as venture capital made its way from the East Coast to the West Coast were limited to an elite group that …

Jury-Related Errors In Copyright, Zahr K. Said

Articles

Copyright law is surprisingly hard. Copyright does not do what laypeople think it does, nor do its terms mean what laypeople expect. Copyright also possesses systemic indeterminacy about what it protects and the extent of that protection. For laypeople, copyright law is decidedly “user-unfriendly.” Nonetheless, copyright law reserves for lay jurors its most-litigated, most difficult, and most consequential question at trial: whether works are “substantially similar” and thus infringing.

Many have criticized this allocation because in the context of copyright law, juries effectively have the power to expand or contract owners’ rights with little oversight or correction. But blaming the …

Telegraph, Telephone And The Internet: The Making Of The Symbiotic Model Of Surveillance States, Dongsheng Zang

Articles

In the early 2000s, shortly before the September 11 attacks, Daniel J. Solove noted that computer databases in the United States were controlled by public as well as private bureaucracies. In that sense, Solove argued, the "Big Brother" metaphor "fails to capture the most important dimension of the database problem." In his 2008 Lockhart lecture, constitutional law scholar Jack M. Balkin argued that the United States has gradually transformed from a welfare and national security state to a National Surveillance State: "a new form of governance that features the collection, collation, and analysis of information about populations both in the …

Whirlpool’S Subpart F Position Was Inconsistent With Congressional Intent, Jeffery M. Kadet

Articles

I believe that Whirlpool took an untenable position on allocation in its 2009 tax filings. The Tax Court in its Whirlpool decision corrected this position using a reasonable approach that used the taxpayer’s own accounting. Now, in their article, Yoder et al. have labeled the Tax Court’s approach a “fundamental flaw” while championing Whirlpool’s position. Considering this situation, it is critical that Treasury and the IRS add appropriate guidance to reg. section 1.954-3. This would clarify that in the case of sales to related or unrelated persons, with no locally based sales personnel and where group personnel in other locations …

Acting In Good Faith, Tanya Dean

Articles

No abstract provided.

Taxing Digital Platforms, Andrew Hayashi, Young Ran (Christine) Kim

Articles

The proliferation of digital services taxes (DSTs) in Europe is generally understood as a way for those countries to claim taxing rights over the profits of large digital platforms such as Google, Facebook, and Amazon. Under prevailing norms of international income taxation, these businesses had been able to avoid paying taxes in countries where they had no physical presence, even if they had many users in those countries. But the rise of big tech has generated a set of regulatory and political challenges, and tax is only one of these. The adoption of DSTs is not only about the fair …

Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud

Articles

This Essay examines the emergence and application of the “ultimate source” test and sheds light on the dual sovereign doctrine’s patently colonial framework, particularly highlighting the paternalistic relationship it has produced between federal and territorial prosecutorial authorities.

Reflections On Fees And Fines As Stategraft, Rebekah Diller, Mitali Nagrecha, Alicia Bannon

Articles

In A Theory of Stategraft, Bernadette Atuahene advances the concept of “stategraft” to describe situations in which “state agents transfer property from persons to the state in violation of the state’s own laws or basic human rights.” This Essay delineates the ways in which criminal legal system fees and fines can be characterized as stategraft and explores the value of this concept for social movements. In many ways, the stategraft frame, with its focus on illegality, fits well with much of the litigation and advocacy against unconstitutional fees-and-fines practices that have occurred over the last decade. Exposing illegal practices …

The Commerciality Of Non-Profit Hospitals Requires Them To Be Taxed: Bringing The Debate To A Conclusion, Edward A. Zelinsky

Articles

It is now time to conclude our prolonged debate about the tax-exempt status of nonprofit hospitals. The contemporary nonprofit hospital is a commercial enterprise, materially indistinguishable for tax purposes from its profit-making, taxed competitor. The federal income tax and the states’ income, sales and property taxes should treat all hospitals alike, regardless of whether such hospitals are nonprofit or for-profit enterprises. In the interests of equity and efficiency, these similar institutions should be taxed similarly.

As a political matter, nonprofit hospitals will continue to defend their tax-exempt status. Like any other lucrative, vested interest, nonprofit hospitals will continue to fight …

Management’S Substantive Edges, Alexander A. Reinert

Articles

The article examines the evolution of judicial management in federal courts since Judith Resnik's seminal work, *Managerial Judges*, highlighting both advancements and persistent challenges. While increased transparency and the expanded role of magistrate judges have mitigated some concerns, issues like discovery disputes and the impact of the Prison Litigation Reform Act (PLRA) continue to shape judicial practice. The article critiques the disuniformity introduced by judges' individual standing orders, which, despite offering flexibility, raise concerns about procedural fairness, transparency, and consistency in federal procedure.

Pvpbc: Privacy- And Verifiability-Preserving E-Voting Based On Permissioned Blockchain, Muntadher Sallal, Ruairí De Fréin, Ali Malik

Articles

Privacy and verifiability are crucial security requirements in e-voting systems and combining them is considered to be a challenge given that they seem to be contradictory. On one hand, privacy means that cast votes cannot be traced to the corresponding voters. On the other hand, linkability of voters and their votes is a requirement of verifiability which has the consequence that a voter is able to check their vote in the election result. These two contradictory features can be addressed by adopting privacy-preserving cryptographic primitives, which at the same time as achieving privacy, achieve verifiability. Many end-to-end schemes that support …

Enhanced Internal Coating Structure And Light Reflectance Of Coated Papers: A Sludge Valorization Process, Bilge N. Altay, Anamika Huq, Burak Aksoy, Richard Hailstone, Muslum Demir, Cem Aydemir, Arif Karademir, Scott Williams

Articles

Paper mill sludge (PMS) is a high-volume waste of the pulppapermaking industry, containing cellulose fibers. This paper introduces cellulose nanofibers extracted from PMS (CNFsPMS) and their application in paper coatings using a wire-wound coating method to enhance internal and optical properties of paper. Three factors were investigated: (i) CNFsPMS amount, (ii) number of layers, and (iii) surface treatment via a 4 × 2 × 2 factorial design. The experimental responses were tracked by fundamentally important internal properties including porosity, air permeability, thickness, roughness, and optical properties of brightness, gloss, and CIE L*a*b* color coordination. The results showed that CNFPMS enhances …

Precise And Analytical Calculation Of Interface Surface Area In Sharp Interfaces And Multiphase Modeling, Simon P. Shipkowski, Isaac Bernabe Perez Raya

Articles

Various kinds of Piecewise Linear Interface Calculations (PLIC) are commonly used in Computational Fluid Dynamics (CFD) for multiphase flows. Here, a new method is proposed to calculate the interface size for CFD simulations. This PLIC method with the modifier, Analytic Size Based [method], (PLIC-ASB), being that the calculation requires a symbolic equation and no approximation or numerical methods. The primary advantage of the PLIC-ASB is maintaining a sharp interface and providing for physics-based (not iterative or empirically derived factors) mass transfer due to the cell-by-cell accuracy. Along with the sharp interface, this method leads to precise interface displacements and suppresses …

Guest Column: Paraquat And The Deliberate Production Of Ignorance, Amit Ray, Earl Ray Dorsey

Articles

The article examines how paraquat's manufacturer used "agnotology" - the deliberate production of ignorance for commercial gain - to hide evidence linking the herbicide to Parkinson's disease. Despite decades of toxic effects documented in company studies, the company expanded sales while allegedly suppressing research and discrediting scientists investigating paraquat dangers.

Paraquat, Parkinson's Disease, And Agnotology, Amit Ray, E. Ray Dorsey

Articles

This commentary examines the controversial relationship between paraquat, a widely used herbicide, and Parkinson's disease through the lens of agnotology—the deliberate production of ignorance for commercial gain. Despite numerous animal and epidemiological studies linking paraquat to Parkinson's disease, its use in the United States doubled from 2013 to 2018. The authors reveal how the manufacturer allegedly employed tactics similar to the tobacco industry, including attempts to discredit scientific researchers and suppress unfavorable findings. While over 30 countries have banned paraquat due to health risks, the EPA reauthorized its use in 2021. The paper argues that internal company documents and emerging …

Pilot Study Of The Association Between Microbiome And The Development Of Adverse Posttraumatic Neuropsychiatric Sequelae After Traumatic Stress Exposure, Abigail L. Zeamer, Marie-Claire Salive, Xinming An, Stacey L. House, Francesca L. Beaudoin, Jennifer S. Stevens, Donglin Zeng, Thomas C. Neylan, Gari D. Clifford, Robert A. Swor

Articles

Background Patients exposed to trauma often experience high rates of adverse post-traumatic neuropsychiatric sequelae (APNS). The biologic mechanisms promoting APNS are currently unknown, but the microbiota-gut-brain axis offers an avenue to understanding mechanisms as well as possibilities for intervention. Microbiome composition at the time of trauma exposure has been poorly examined regarding neuropsychiatric outcomes. We aimed to determine whether baseline the gut microbiomes of trauma-exposed emergency department patients who later develop APNS have dysfunctional gut microbiome profiles and discover potential associated mechanisms.

Methods We performed metagenomic analysis on stool samples (n=51) from a subset of adults enrolled in the Advancing …

An Evaluation Of A Computational Technique For Measuring The Embeddedness Of Sustainability In The Curriculum Aligned To Aashe-Stars And The United Nations Sustainable Development Goals, Philippe Lemarchand, Cormac H. Macmahon Dr, Mick Mckeever, Philip Owende

Articles

Introduction: SDG 4.7 mandates university contributions to the United Nations (UN) Sustainable Development Goals (SDGs) through their education provisions. Hence, universities increasingly assess their curricular alignment to the SDGs. A common approach to the assessment is to identify keywords associated with specific SDGs and to analyze for their presence in the curriculum. An inherent challenge is associating the identified keywords as used in the diverse set of curricular contexts to relevant sustainability indicators; hence, the urgent need for more systematic assessment as SDG implementation passes its mid-cycle.

Method: In this study, a more nuanced technique was evaluated with notable capabilities …

Supply Chain Success Depends On Workers, Sarah Schiffling, Nikolaos Valantasis Kanellos

Articles

2022 proved to be a difficult year for the people side of supply chains and the global transport networks that support them. Labour shortages and labour disputes put further pressure on systems that were already struggling with the fallout from the Covid-19 pandemic, the war in Ukraine, and the impact of climate change. Amid high levels of inflation, workers around the world have been striking for better pay and conditions, in areas as different as healthcare, waste management, and teaching. For example, 2022 saw port related strikes quadrupling in comparison to the previous year.

Unbelievable: How Narrative Can Help Vulnerable Narrators Overcome Perceived Unreliability In The Legal System, Cathren Page

Articles

This article examines how advocates can champion vulnerable narrators’ truths. First, advocates must prime the audience by educating the audience about the ways the vulnerability manifests; this process helps to allay credibility questions. Second, advocates must reframe seemingly untrustworthy behavior by showing how the behavior is consistent with someone in the vulnerable narrator’s situation. Third, advocates must create what fiction writers call verisimilitude—a sense of reality—by including concrete details that logically fit together in the legal narrative. Finally, advocates must label the tactics commonly used to discredit vulnerable narrators so that the audience can see those tactics for what they …

From The Editors In Chief, Kathleen Claussen, Sergio Puig, Michael Waibel

Articles

No abstract provided.

Harmonizing Music Theory And Music Law, Peter Nicolas

Articles

Those litigating and adjudicating music copyright disputes find themselves at the intersection of two complex fields: U.S. copyright law and music theory. While the attorneys and judges typically have at least some experience with the former, neither they nor the jurors typically have formal training in or experience with the latter. As a result, legal opinions purporting to incorporate musical concepts sometimes fail to do so accurately, resulting in decisions that are inconsistent with copyright law and policy.

This Article seeks to harmonize U.S. copyright law with relevant principles of music theory. It begins with an accessible primer on basic …