Digital Commons Network^™

An Empirical Evaluation Of Communication Technologies And Quality Of Delivery Measurement In Networked Microgrids, Ruairí De Fréin, Yasin Emir Kutlu

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Networked microgrids (NMG) are gaining popularity as an example of smartgrids (SG), where power networks are integrated with communication technologies. Communication technologies enable NMGs to be monitored and controlled via communication networks. However, ensuring that communication networks in NMGs satisfy quality of delivery (QoD) metrics such as the round trip time (RTT) of NMG control data is necessary. This paper addresses the communication network types and communication technologies used in NMGs. We present various NMG deployments to demonstrate real-life applicability in different contexts. We develop a real-time NMG testbed using real hardware such as Cisco 4331 Integrated Services Routers (ISR). …

Negotiating Perceived Employability As Sensemaking In The Context Of Undergraduate Work Integrated Learning, Sylvia Dempsey, Carol Linehan, Margaret Healy

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As labour markets shift responsibility for navigating career transitions and employability from organisations to individuals, sensemaking around their own ‘perceived employability’ gains importance. Prior research suggests work integrated learning (WIL) experiences constitute a significant route to perceived employability for potential entrants to the accounting profession. The mechanisms through which this develops are less understood. Understanding of the impact of WIL on perceived employability, shaping individual career trajectories, augments efforts to attract new members to the profession. This study captures how representations of the world of professional accounting work are built, as entrants construct liminal places within that community. Through qualitative …

Exploring Deaf And Hard Of Hearing Peoples' Perspectives On Tasks In Augmented Reality: Interacting With 3d Objects And Instructional Comprehension, Sanzida Mojib Luna, Jiangnan Xu, Garreth W. Tigwell, Nicolas Lalone, Michael Saker, Alan Chamberlain, David I. Schwartz, Konstantinos Papangelis

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Tasks in augmented reality (AR), such as 3D interaction and instructional comprehension, are often designed for users with uniform sensory abilities. Such an approach, however, can overlook the more nuanced needs of Deaf and Hard of Hearing (DHH) users who might have reduced auditory perception. To better understand these challenges, our study utilized the single-player AR game Angry Birds AR as a probe to explore how 11 DHH participants and 15 hearing participants experienced AR interactions. Our findings highlight that DHH users prefer interaction based on context, effective haptic cues, audio cue substitutes, and clear instructional design. We, therefore, propose …

The Return Of Private Law, Anthony J. Sebok

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Recent events offer a grim picture of the future of public law. In particular, President Trump’s assault on the administrative state seems destined to hamper the ability of agencies to protect the public in familiar areas such as drug safety, auto safety, environmental protection, and consumer protection.

Should The States Return To Worldwide Combined Reporting?, Reuven S. Avi-Yonah

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On February 20 the Institute on Taxation and Economic Policy (ITEP) released a report on the revenue implications of states adopting worldwide combined reporting (WWCR). WWCR refers to a method of taxation that several states (for example, California) applied from the 1970s to the 1990s. Under WWCR, the state takes the entire worldwide profit of a multinational operating in the state and multiplies it by a formula that traditionally combines payroll, tangible assets, and sales in the state divided by worldwide payroll, assets, and sales. The result is the amount of profit taxable in that state.

Democracy’S Distrust: The Supreme Court’S Anti-Voter Decisions As A Threat To Democracy, Gilda R. Daniels

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This Essay explores perceived biases within recent Supreme Court decisions affecting voting access and their implications for American democracy. The Supreme Court plays a pivotal role in enforcing democratic principles. This Essay examines historical and contemporary examples of judicial decisions that have privileged powerful political candidates and legislatures to the detriment of voters. As a lens for assessing these decisions, the Essay introduces a conceptual dichotomy between candidate-centered and voter-centered perspectives. The Essay argues that the Court’s prioritization of the former perspective has forced citizens to bear the burden of antidemocratic decisions, which in turn has led to widespread distrust …

Nevadaware Divergence In Corporate Law, Wendy G. Couture

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The differences between Nevada and Delaware corporate law - which I call "Nevadaware divergence" - are the subject of media attention, scholarly critique, and current litigation. Nevada corporate law has a reputation as being a no-liability Zone where officers and directors are free to defraud stockholders without consequences. My goal in this article is to inform a more fulsome understanding of Nevada corporate law, both substantively and theoretically, as compared to Delaware corporate law). Starting with the premise that Nevada corporate law is more nuanced than common wisdom suggests, I highlight Nevadaware divergence - not only about substantive corporate law-but …

Strong Democracies Need Reliable Citations, Margie Alsbrook

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Legal systems must hold the trust of citizens in order for democracies to survive. Unfortunately, the American legal system is suffering from an unprecedented credibility crisis. Analyses of the roots of this problem have largely focused on political causes, with blame going to an array of issues ranging from the partisan nature of the judicial appointment process to the lack of ethical oversight for judges with lifetime appointments to the bench.

Thus far, scholarly articles analyzing the modern erosion of precedent have generally examined precedent from political or subject-matter-specific perspectives. This Article takes a more universal approach by discussing the …

Saving Agency Adjudication, Aaron L. Nielson, Christopher J. Walker, Melissa F. Wasserman

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When discussing the federal judiciary, commentators typically fixate on the 800 or so “Article III” judges who are nominated by the President, confirmed by the Senate, and enjoy life tenure and salary protection. Yet most federal adjudication does not take place in federal courthouses at all. Instead, it occurs in nondescript hearing rooms in administrative agencies—if not telephonically. Indeed, the more than 12,000 agency adjudicators scattered across the federal government collectively issue millions of decisions per year on subjects ranging from Social Security and veterans benefits to immigration and patent rights. In recent years, however, scholars and agency adjudicators have …

Springboard To Article V (Or Electoral Democracy And The End Of Constitutional Amendment In The Nation And States), Wilfred U. Codrington Iii

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Drafted in exceedingly sparing terms and notoriously difficult to amend, the U S. Constitution is falling short in one of the most important functions of a government charter: establishing and maintaining a fair and just electoral framework-marked by rules that promote the values of equality, participation, competition, and transparency in elections. That is, the Constitution increasingly fails to preserve electoral democracy even as the nation's systems for voting and elections are plagued by a cascade of problems. State constitutions, though not uniform, are uniformly easier to amend than the national charter and tend to be better stewards of electoral democracy. …

U.S. Territories And The Criminal Law Curriculum, Emmanuel H. Arnaud

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No abstract provided.

Avoiding The Demon Lurking Around The Corner (Post), Michael E. Herz

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No abstract provided.

Biglaw's Race Problem, Angela Onwuachi-Willig, Anthony V. Alfieri

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Ever since the 1970s when BigLaw firms began to hire Black lawyers into their associate ranks, these firms have wrestled with problems in both recruiting and retaining Black associates. During the ensuing decades, BigLaw firms have minimally increased the low numbers of Black attorneys who have become partners, particularly equity partners, within their organizations. Numerous scholars have explored how racial bias and discrimination, both within BigLaw firms and greater society, have contributed to such failures in the recruitment, retention, and promotion of Black lawyers. In his new book The Black Ceiling: How Race Still Matters in the Elite Workplace, Professor …

Environmental Geography And Law: Toward A Synthesis, Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Börk, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja

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This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places where the climate, ecosystems, history and political economy influence both the land and the law. These places drive and constrain the way law develops. In turn, the law shapes places, from the dispossession and forced migration of indigenous groups, to land development via railroad land grants, to patterns of resource extraction and infrastructure development. Past efforts to integrate law and geography have focused more on critical …

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi

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In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism [hereinafter National Strategy] with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however-particularly the social and political upheaval over protests of the war in Gaza-have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. Now, the Trump Administration explicitly purports to fight antisemitism by widespread attacks on universities over antisemitism on campus. Does this mean that the National Strategy has become anachronistic, …

Drivers Of Effective Laws For Automated Vehicles, William Hubbard

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Hundreds of thousands of automated vehicles (AVs) are currently driving on America’s roads. The defining feature of AVs is that sophisticated technological systems control some or even all aspects of vehicle movement. Like any motor vehicle, AVs provide many benefits but also raise significant safety concerns. Indeed, people are already dying in collisions with AVs. Effective AV regulation is therefore critical.

This Article addresses an important—perhaps the most important— issue of AV regulation today. Recent empirical research has uncovered a shocking legal crisis: more than 40,000 conventional state laws are unclear or ineffective when applied to AVs. Fortunately, the vast …

Sport, Soft Disempowerment And The 1966 Fifa World Cup, Richard Woodward

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Sport is increasingly acknowledged as a vital component of the United Kingdom’s arsenal of soft power assets. However, the UK’s attempts to wring soft power from sport have met with mixed success. Many of the UK’s experiences align with an embryonic literature suggesting that sport, as well as enabling the production of soft power, is simultaneously capable of eroding it, a phenomenon dubbed ‘soft disempowerment’. Drawing upon original archival documents, this article examines how the Foreign, Commonwealth and Development Office (FCDO) commandeered the 1966 World Cup and England’s victory in the competition in a doomed attempt to communicate positive messages …

Is The Utpr Extraterritorial Or Discriminatory?, Reuven S. Avi-Yonah

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On January 20 President Trump issued two executive orders on international tax. The first order rejected the OECD’s two-pillar project, stating: The OECD Global Tax Deal supported under the prior administration not only allows extraterritorial jurisdiction over American income but also limits our Nation’s ability to enact tax policies that serve the interests of American businesses and workers. Because of the Global Tax Deal and other discriminatory foreign tax practices, American companies may face retaliatory international tax regimes if the United States does not comply with foreign tax policy objectives. This memorandum recaptures our Nation’s sovereignty and economic competitiveness by …

Tax Experience Isn’T Everything: A Tale Of Two Justices., Reuven S. Avi-Yonah

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Any student of federal income taxation is familiar with a series of important Supreme Court tax decisions written by Justice Harry Blackmun (associate justice, 1970-1994). They would also know of three important decisions written by his contemporary, Justice Thurgood Marshall (associate justice, 1967-1991). It is interesting to compare the two, because Blackmun was the only recent justice with extensive tax practice experience, whereas Marshall had none. Yet, most of Blackmun’s tax opinions were wrong while Marshall’s opinions were right.

Us V. Rahimi, Originalism's Loaded Weapon, And The Lost Boys Of The Supreme Court, Mary Anne Franks

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No abstract provided.

Rivers V. Guerrero, Meagan R. Hurley

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Danny Rivers sought federal habeas relief, arguing that his trial counsel was ineffective. Rivers’s petition was denied, but while his initial habeas appeal was pending, he initiated a second filing to include new information that his prior counsel failed to utilize in an exculpatory report supporting his innocence. Applying 28 U.S.C. § 2244(b)(2), the district court determined it was “without jurisdiction to entertain” the new evidence because Rivers’s filing was a “second or successive” petition. The Fifth Circuit of Appeals agreed.

Next Generation Legal Researchers: Implementing Critical Information Literacy Through The Acrl Framework To Ensure Student Success On The Nextgen Bar Exam, Laura Wilcoxon

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Students who began law school in the fall of 2023 could be among the first to encounter the NextGen Bar Exam. Examinees will now be required to demonstrate proficiency in legal research to become practicing attorneys. This change provides an opportunity to evaluate the pedagogy employed to prepare students for the bar exam and beyond. Incorporating critical information literacy into the legal research curriculum will enable students to master the analytic and metacognitive skills that will be tested on the NextGen Bar Exam. Law librarians can incorporate these skills into legal research instruction by implementing the Framework for Information Literacy …

Shadow Banking And Securities Law, Gabriel V. Rauterberg, Jeffery Yufeng Zhang

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Shadow banking may be the single greatest challenge facing financial regulation. Financial institutions that function like banks, but fall outside the scope of banking regulation—aptly termed “shadow banks”—were at the heart of the Global Financial Crisis and most episodes of serious financial stress since then. Scholars have largely focused on one response to this problem: extending traditional banking regulation to shadow banks. Yet more than fifteen years after the crisis, major regulatory efforts along this route have stalled.

In this Article, we explore the uneasy case for greater regulation of shadow banking through a different route—securities law. Our first contribution …

Regulating Hidden Ai Authorship, Jacob Noti-Victor

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With the rapid emergence of high-quality generative artificial intelligence (“AI”), some have advocated for mandatory disclosure when the technology is used to generate new text, images, or video. But the precise harms posed by nontransparent uses of generative AI have not been fully explored. While the use of the technology to produce material that masquerades as factual (“deepfakes”) is clearly deceptive, this Article focuses on a more ambiguous area: the consumer’s interest in knowing whether works of art or entertainment were created using generative AI. In the markets for creative content—fine art, books, movies, television, music, and the like—producers have …

Waste, Property, And Useless Things, Meredith Render

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How should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world?

Approximately sixty million tons of electronic waste, or "e-waste" -for example, discarded iPhones, refrigerators, desktop computers -is produced each year. This annual pile of electronic rubbish represents sixty-two billion dollars' worth of tangible raw materials (such as gold and other scarce metals) that has been rendered useless. In addition to wasting raw materials, e-waste clogs our landfills, poisons the groundwater, and taxes our capacity to store it. Worst of all, much of this waste is intentionally created …

Deputization And Privileged White Violence, Ekow N. Yankah

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A number of high-profile and racially charged killings, such as Trayvon Martin’s, Kenneth Herring’s, Ahmaud Arbery’s, and Jordan Neely’s, have been at the hands of civilians declaring themselves the law. These deaths stemmed from a phenomenon best described as “deputization.” Deputization describes a latent legal power that has empowered White people throughout American history to claim authority to enforce the law, as they see it, upon racial minorities generally and Black people in particular. This power turned the ancient common law duty to police all felons in England into a specific American common law duty to police Blacks. From the …

When One Door Closes: Legal Education And Racial Justice After Students For Fair Admissions, Michael I. Meyerson

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In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court ruled that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibited colleges and universities from using race as a factor in admissions decisions. Many have feared that this ruling portends the end of racial diversity in higher education. Law schools, however, can choose to treat this decision as creating a fresh opportunity to pursue racial justice in a comprehensive and meaningful way. Most of the early scholarly writing on Students for Fair Admissions focused on either its …

Flow Dynamics Of Agricultural Waste Nanofibers: Shear, Temperature, And Oscillatory Insights, Bilge N. Altay, Burak Aksoy, James Atkinson, Christopher Lewis, Carlos Diaz-Acosta, Raymond Francis

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The rheology and fiber size of corn stover (CS) and cleaned cotton gin trash (CGT) cellulose nanofibers (CNFs) were studied including behaviors at both moderate and extremely high shear rates, to simulate industrial processes ranging from mixing and pumping to high-speed coating, printing, and extrusion. Particle size analyzer showed that 99% of CS fibers measured around 226 nm, while 85% of CGT fibers were approximately 143 nm. Both CS and CGT CNFs formed gel-like suspensions, and shear flow tests revealed that all samples exhibited shear-thinning behavior, allowing easy flow under shear forces. Gels with higher solid content (1%) demonstrated extended …

A Comparison Study Of Senior And Junior Deck Officers’ Interpretations Of The International Regulations For The Prevention Of Collisions At Sea, Ian Heffernan, Tom O'Mahony

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The International Regulations for the Prevention of Collisions at Sea (IRPCS) provide a comprehensive set of instructions for watchkeeping officers to follow and prevent collisions at sea. This study compares how six newly qualified deck officers and six Master Mariners, who were all trained at the same college, applied the IRPCS. Individual, semi-structured interviews were used to uncover how the 12 participants applied and interpreted the rules for three authentic scenarios. Phenomenography was used to capture the qualitatively different means by which participants interpreted the IRPCS. For basic collision avoidance situations, the results indicated little difference between the cohorts' ability …

The International Law Commission's Seventy-Fifth (2024) Session: Immunity Of State Officials From Foreign Criminal Jurisdiction And Other Topics, Charles C. Jalloh

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The International Law Commission (Commission or ILC) held its seventy-fifth session at its seat in Geneva from April 15 to May 31 and from July 1 to August 2, 2024. The Commission was chaired by Mr. Marcelo Vázquez-Bermúdez (Ecuador), and for the first time since its establishment in 1945, elected a majority of three females out of the five officers elected to its bureau annually. The Commission celebrated its seventy-fifth anniversary and progressed its work on the topics in the program of work despite the shortening of the twelve-week General Assembly approved session to ten weeks due to the liquidity …