Digital Commons Network^™

Fables Of Scarcity In Ip, Zahr K. Said

Articles

In this chapter, I use methods drawn from literary analysis to bear on artificial scarcity and explore how literary and legal storytelling engages in scarcity mongering. I find three particular narrative strategies calculated to compel a conclusion in favor of propertization: the spectacle of need, the diversionary tactic, and the rallying cry. First, I unpack the spectacle of need and its diversionary aspects through several literary accounts of scarcity and starvation. I juxtapose Franz Kafka's “A Hunger Artist,” a story explicitly centered on a wasting body, with J.M. Coetzee's The Life and Times of Michael K. Second, to explore how …

Microsoft's Cost-Sharing Arrangement: Frankenstein Strikes Again, Stephen L. Curtis, Reuven S. Avi-Yonah

Articles

This paper performs a forensic analysis of Microsoft Corporation’s transfer pricing cost sharing arrangement based on forensic economic analysis of public and information, including Microsoft’s SEC and foreign country regulatory filings, documents disclosed during a recent federal court trial, materials published by Microsoft, and information from former insiders interviewed for this paper, and other sources. The paper finds that Microsoft appears to have violated U.S. transfer pricing laws in 2009 and later years, in ways that caused its transfer pricing cost sharing arrangement with its Irish, Singaporean and Puerto Rican affiliates under U.S. tax laws to be invalid. However IRS …

Digital Tax Arithmetic., James R. Hines Jr.

Articles

More than 20 countries recently adopted digital services taxes, with many others threatening to do so. The Organisation for Economic Co-operation and Development (OECD) is attempting to convince countries to withdraw their digital taxes in return for an international agreement to implement its Pillar One proposal that would let countries tax prorated shares of the profits of foreign firms with local sales. This paper identifies incentives that countries have to impose inefficiently high rates of digital taxes and calls attention to shortcomings of the OECD’s formulary apportionment alternative. Diverging interests and the inflexible nature of the multilateral bargaining process make …

Carceral Socialization As Voter Suppression, Danieli Evans

Articles

In an era of mass incarceration, many people are socialized through interactions with the carceral state. These interactions are poweful learning experiences, and by design, they are contrary to democratic citizenship. Citizenship is about belonging to a community of equals, being entitled to mutual respect and concern. Criminal punishment deliberately harms, subordinates, and stigmatizes. Encounters with the carceral system are powerful experiences of anti-democratic socialization, and they impact peoples' sense of citizenship and trust in government. Accordingly, a large body of social science research shows that eligible voters who have carceral contact are significantly less likely to vote or to …

Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith

Articles

The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual abuse and harassment. As these social change efforts evolve, a growing body of scholarship has begun to theorize the role of lawyers within these new social movements and to identify lawyering characteristics that contribute to sustaining social movements over time. This Article surveys this body of literature and proposes a typology …

Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff

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Today, more than 150 years after the end of the Civil War, lawyers and judges continue to rely on antebellum decisions that tacitly or expressly approve of slavery. This reliance often occurs without any acknowledgement of the precedent’s immoral and legally dubious provenance. Modern use of these so-called “slave cases” was the subject of Professor Justin Simard’s 2020 article, Citing Slavery. In response to Professor Simard’s article, the latest edition of The Bluebook includes Rule 10.7.1(d), which requires authors to indicate parenthetically when a decision involves an enslaved person as a party or the property at issue. Unfortunately, Rule 10.7.1(d) …

No Sense Of Decency, Kathryn E. Miller

Articles

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce, but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …

The Coming Copyright Judge Crisis, Saurabh Vishnubhakat, Dave Fagundes

Articles

Commentary about the Supreme Court's 2021 decision in United States v. Arthrex, Inc. has focused on the nexus between patent and administrative law. But this overlooks the decision's seismic and as-yet unappreciated implication for copyright law: Arthrex renders the Copyright Royalty Board ("CRB") unconstitutional. The CRB has suffered constitutional challenge since its 2004 inception, but these were seemingly resolved in 2011 when the D.C. Circuit held that the CRB's composition did not offend the Appointments Clause as long as Copyright Royalty Judges ("CRJs") were removable atwill. But when the Court invalidated the selection process for administrative patent judges on a …

Brief Of Tribal Nations And Indian Organizations As Amici Curiae In Support Of The Navajo Nation, Dylan R. Hedden-Nicely

Articles

No abstract provided.

Analog Holographic Wavefront Sensor For Defocus And Spherical Aberration Measurement Recorded In A Photopolymer, Emma Branigan, Suzanne Martin, Matthew Sheehan, Kevin Murphy

Articles

An analog holographic wavefront sensor (AHWFS), for measurement of low and high order (defocus and spherical aberration) aberration modes has been developed as volume phase holograms in a photopolymer recording medium. This is the first time that high order aberrations such as spherical aberration can be sensed using a volume hologram in a photosensitive medium. Both defocus and spherical aberration were recorded in a multi-mode version of this AHWFS. Refractive elements were used to generate a maximum and minimum phase delay of each aberration which were multiplexed as a set of volume phase holograms in an acrylamide based-photopolymer layer. The …

The Association Between Time Spent On Screens And Reading With Myopia, Premyopia And Ocular Biometric And Anthropometric Measures In 6- To 7-Year-Old Schoolchildren In Ireland, Síofra Harrington, Veronica O'Dwyer

Articles

Purpose More time spent on near tasks has consistently been associated with the promotion of myopia. The World Health Organization advises limiting daily screentime to less than 2 h for children aged five and over. This study explored the relationship between time spent on screens and reading/writing with refractive status, ocular biometric and anthropometric factors in 6-to 7-year- olds in Ireland.

Methods Participants were 723 schoolchildren (377 boys [51.8%]), mean age 7.08 (0.45) years. The examination included cycloplegic autorefraction (1% cyclopentolate hydrochloride), ocular biometry (Zeiss IOLMaster), height (cm) and weight (kg). Screentime and reading/writing time were reported by parents/legal guardians …

Engaging Bhakti As/In Translation: An Outline Of A Methodological Approach To Analyse Ranade's Views About The "Saints And Prophets Of Maharashtra", Rinku Lamba

Articles

The analysis in this article suggests that M G Ranade’s reflections in his essay about the ‘Saints and Prophets of Maharashtra’ are significant because they offer a site to unravel shifts from a premodern to a modern conception of moral order on the Indian subcontinent, in the context of the encounter with colonialism. For its role in allowing such unravelling, and for the way it permits attention to hitherto neglected dimensions of Ranade’s comparison between bhakti and the Protestant Reformation, this article argues for the value of investigating Ranade’s reflections through the framework of translation. While doing the above, the …

Cognitive Software Defined Networking And Network Function Virtualization And Applications, Sachin Sharma, Avishek Nag

Articles

The emergence of Software-Defined Networking (SDN) and Network Function Virtualization (NFV) has revolutionized the Internet. Using SDN, network devices can be controlled from a centralized, programmable control plane that is decoupled from their data plane, whereas with NFV, network functions (such as network address translation, firewall, and intrusion detection) can be virtualized instead of being implemented on proprietary hardware. In addition, Artificial Intelligence (AI) and Machine Learning (ML) techniques will be key to automating network operations and enhancing customer service. Many of the challenges behind SDN and NFV are currently being investigated in several projects all over the world using …

Health Disparities In Aging: Improving Dementia Care For Black Women., Caleigh A Findley, Makayla F Cox, Adam B Lipson, Ratasha Bradley, Kevin N Hascup, Carla Yuede, Erin R Hascup

Articles

In the United States, 80% of surveyed Black patients report experiencing barriers to healthcare for Alzheimer's disease and related dementias (ADRD), delaying the time-sensitive treatment of a progressive neurodegenerative disease. According to the National Institute on Aging, Black study participants are 35% less likely to be given a diagnosis of ADRD than white participants, despite being twice as likely to suffer from ADRD than their white counterparts. Prior analysis of prevalence for sex, race, and ethnicity by the Centers for Disease Control indicated the highest incidence of ADRD in Black women. Older (≥65 years) Black women are at a disproportionately …

Health Disparities In Aging: Improving Dementia Care For Black Women., Caleigh A Findley, Makayla F Cox, Adam B Lipson, Ratasha Bradley, Kevin N Hascup, Carla Yuede, Erin R Hascup

Articles

In the United States, 80% of surveyed Black patients report experiencing barriers to healthcare for Alzheimer's disease and related dementias (ADRD), delaying the time-sensitive treatment of a progressive neurodegenerative disease. According to the National Institute on Aging, Black study participants are 35% less likely to be given a diagnosis of ADRD than white participants, despite being twice as likely to suffer from ADRD than their white counterparts. Prior analysis of prevalence for sex, race, and ethnicity by the Centers for Disease Control indicated the highest incidence of ADRD in Black women. Older (≥65 years) Black women are at a disproportionately …

Implant Failure In Orthopaedics: Law Does Not Hold The Surgeon Accountable, J. Terrence Jose Jerome, Arpitha Hc, Ov Nandimath

Articles

Excerpt: "It has been the practice of most patients to hold surgeons responsible for any manufacturing defect in an implant that was carried out and accountable for deficiency of services and sue them for medical negligence."

Comparison Of Cycloplegia At 20- And 30-Minutes Following Proxymetacaine And Cyclopentolate Instillation In White 12-13-Year-Olds, Megan Doyle, Veronica O'Dwyer, Siofra Harrington

Articles

Clinical Relevance

Reducing the time between drop instillation and refraction reduces the time paediatric patients and young adults spend in practice, facilitating more eye examinations daily.

Background

The current procedure for paediatric cycloplegic refraction is to wait for at least 30-minutes post-instillation of a cycloplegic before measuring spherical equivalent refraction. This study compared cycloplegia at 20- and 30-minutes following 0.5% proxymetacaine and 1.0% cyclopentolate in 12-13-year-olds.

Methods

Participants were 99 white 12-13-year-olds. One drop of proxymetacaine hydrochloride (Minims, 0.5% w/v, Bausch & Lomb, UK) followed by one drop of cyclopentolate hydrochloride (Minims, 1.0% w/v, Bausch & Lomb, UK) was instilled …

Fair4pghd: A Framework For Fair Implementation Over Pghd, Abdullahi Abubakar Kawu, Dympna O'Sullivan, Lucy Hederman, Mirjam Van Reisen

Articles

Patient Generated Health Data (PGHD) are being considered for integration with health facilities, however little is known about how such data can be made machine-actionable in a way that meets FAIR guidelines. This article proposes a 5-stage framework that can be used to achieve this.

Supporting Compliance Of Occupational Safety And Health Requirements - European Labour Inspection Systems Of Sanctions And Standardised Measures, Victor Hrymak

Articles

European legislation for occupational safety and health (OSH) is based on the prevention of accidents and ill health. Apart from European directives, all Member States have national laws and strategies and expect enterprises to implement this preventative ethos, and thereby ensure adequate performance in OSH. Labour Inspectorates monitor and if necessary enforce these laws by deploying individual Labour Inspectors to chosen enterprises. If workplace safety and health conditions are found to be substandard, Labour Inspectors are expected to improve the situation using persuasion and, if necessary, their authority to compel enterprises through specific sanction powers. Bruhn (2009) describes this interaction …

Probability Distributions Arising In Connection With The Inspection Paradox For The Poisson Process, James E. Marengo, Anne Marino Himes, David L. Farnsworth, W. Cade Reinberger

Articles

The Inspection Paradox refers to the fact that in a Renewal Process, the length of the interarrival period which contains a fixed time is stochastically larger than the length of a typical interarrival period. To provide a more complete understanding of this phenomenon, conditioning arguments are used to obtain the distributions and moments of the lengths of the interarrival periods other than the one containing this fixed time for the case of the time-homogeneous Poisson Process. Distributions of the waiting times for events that occur both before and after this fixed time are derived. This provides a fairly complete probabilistic …

Antimatters: The Curious Case Of Confederate Monuments, Jeremiah Chin

Articles

Confederate monuments sit at a crossroads of speech frameworks as contested government speech, as concrete edifices of hate speech, and as key protest sites. The interplay of state law and speech doctrines in states like Alabama and Florida has cemented monuments as physical representations of government speech that municipal governments cannot speak on. To understand the confounding ways that doctrinal principles take on inverse implications, this Article draws on the concept of antimatter in physics—matter that has the same mass and properties of ordinary matter but with the opposite charge—to analyze doctrinal intersections of constitutional law that are made to …

Editorial: Green Chemistry Biocatalysis, Barry J. Ryan, Gary T. Henehan, Bekir E. Eser, Ning Li, Zheng Guo, Gemma K. Kinsella

Articles

Editorial on the Research Topic: Green chemistry biocatalysis

A Multiple Association-Based Unsupervised Feature Selection Algorithm For Mixed Data Sets, Ayman Taha, Ali S. Hadi, Bernard Cosgrave, Susan Mckeever

Articles

Companies have an increasing access to very large datasets within their domain. Analysing these datasets often requires the application of feature selection techniques in order to reduce the dimensionality of the data and prioritise features for downstream knowledge generation tasks. Effective feature selection is a key part of clustering, regression and classification. It presents a myriad of opportunities to improve the machine learning pipeline: eliminating redundant and irrelevant features, reducing model over-fitting, faster model training times and more explainable models. By contrast, and despite the widespread availability and use of categorical data in practice, feature selection for categorical and/or mixed …

Just Kidding? The Problem Of Unenforceable Waivers Of Liability, Anthony J. Sebok

Articles

No abstract provided.

Mitigating Catastrophe Risk For Landowners, Stewart E. Sterk

Articles

Local, national, and global catastrophes entail significant risk for landowners. The government-sponsored National Flood Insurance Program illustrates how subsidizing insurance against catastrophe risk can result in overinvestment in risk-prone properties. Government intervention, however, has largely been a response to the historical failure of the private insurance industry to provide adequate protection against correlated risks, a failure with the potential to generate underinvestment in land and devastate existing owners.

When data is available about the incidence and severity of potential disasters, improvements in technology have made it more feasible for insurers to calibrate premiums and discounts with greater accuracy, and sophisticated …

Qualified Immunity’S Flawed Foundation, Alexander A. Reinert

Articles

Qualified immunity has faced trenchant criticism for decades, but recent events have renewed focus on this powerful defense to liability for constitutional violations. This Article takes aim at the roots of the doctrine—fundamental errors that have never been excavated. First, this Article demonstrates that the Supreme Court’s qualified immunity jurisprudence is premised on a flawed application of a dubious canon of statutory construction—namely, that statutes in “derogation” of the common law should be strictly construed. Applying the Derogation Canon, the Court has held that 42 U.S.C. § 1983’s silence regarding immunity should be taken as an implicit adoption of common …

Review: Events Special Interest Group Track At The Atlas Annual Conference 2022, Enya Moore Dr.

Articles

The 2022 Association for Tourism and Leisure Education and Research (ATLAS) Annual Conference took place on the Munster Technological University campus in Cork, Ireland, 6^th – 9^th September 2022. The theme of the conference ‘What matters now to the global tourist?’ raised pertinent questions about the challenges facing the tourism and leisure industries and education since the onset of the global pandemic. This review focuses on a series of papers from the Events Special Interest Group which covered themes such as solidarity, community, festivals, placemaking and digitisation.

The research activities conducted for this publication were funded by the …

Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Civil Rights Litigation, Tessa Bialek, Margo Schlanger

Articles

Tens of thousands of people incarcerated in jails and prisons throughout the United States have one or more communication disabilities, a term that describes persons who are deaf, hard of hearing, blind, low vision, deafblind, speech disabled, or otherwise disabled in ways that affect communication. Incarceration is not easy for anyone, but the isolation and inflexibility of incarceration can be especially challenging, dangerous, and further disabling for persons with disabilities. Correctional entities must confront these challenges; the number of incarcerated persons with communication disabilities—already overrepresented in jails and prisons—continues to grow as a proportion. Federal antidiscrimination law obligates jails and …

Determining The Proportionality Of Ischemic Stroke Risk Factors To Age, Elizabeth Hunter, John D. Kelleher

Articles

While age is an important risk factor, there are some disadvantages to including it in a stroke risk model: age can dominate the risk score and lead to over-or under-predictions in some age groups. There is evidence to suggest that some of these disadvantages are due to the non-proportionality of other risk factors with age, eg, risk factors contribute differently to stroke risk based on an individual’s age. In this paper, we present a framework to test if risk factors are proportional with age. We then apply the framework to a set of risk factors using Framingham heart study data …

Too Good To Be True: Private Placement Life Insurance Policies, Luís C. Calderón Gómez

Articles

In this article, Calderón Gómez examines a tax avoidance scheme involving private placement life insurance policies — large policies that potentially allow wealthy taxpayers to move their traditionally tax-inefficient investments in private equity and hedge funds into a life insurance policy and accumulate, borrow against, and pass on those investment gains effectively tax free — and sketches some possible alternatives to stop the abuse of these policies.