Digital Commons Network^™

The Utpr And The Treaties, Reuven Avi-Yonah

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On December 15, 2022, the Council of the EU unanimously adopted a directive implementing pillar 2 of the OECD/G-20/inclusive framework base erosion and profit-shifting 2.0 project. Given that the United Kingdom is also going ahead, and several other countries (for example Australia, Canada, New Zealand) are likely to go ahead, this step renders it likely that pillar 2 will come into effect outside the United States. It therefore becomes important to address the interaction between the UTPR (now known as the undertaxed profits rule) and tax treaties, even though both EU directives and national legislation in the United Kingdom can …

Current Topics In Technology-Enabled Stroke Rehabilitation And Reintegration: A Scoping Review And Content Analysis, Katryna Cisek

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Background. There is a worldwide health crisis stemming from the rising incidence of various debilitating chronic diseases, with stroke as a leading contributor. Chronic stroke management encompasses rehabilitation and reintegration, and can require decades of personalized medicine and care. Information technology (IT) tools have the potential to support individuals managing chronic stroke symptoms. Objectives. This scoping review identifies prevalent topics and concepts in research literature on IT technology for stroke rehabilitation and reintegration, utilizing content analysis, based on topic modelling techniques from natural language processing to identify gaps in this literature. Eligibility Criteria. Our methodological search initially identified over 14,000 …

Simple Polystyrene Microfluidic Device For Sensitive And Accurate Sers-Based Detection Of Infection By Malaria Parasites, Maria Joao Oliveira, Soraia Caetano, Ana Dalot, Filipe Sabino, Tomas Calmeiro, Elvira Fortunato, Rodrigo Martins, Eulalia Pereira, Miguel Prudencio, Hugh Byrne, Ricardo Franco, Hugo Aguas

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Early and accurate detection of infection by pathogenic microorganisms, such as Plasmodium, the causative agent of malaria, is critical for clinical diagnosis and ultimately determines the patient’s outcome. We have combined a polystyrene-based microfluidic device with an immunoassay which utilises Surface-Enhanced Raman Spectroscopy (SERS) to detect malaria. The method can be easily translated to a point-of-care testing format and shows excellent sensitivity and specificity, when compared to the gold standard for laboratorial detection of Plasmodium infections. The device can be fabricated in less than 30 min by direct patterning on shrinkable polystyrene sheets of adaptable three-dimensional microfluidic chips. To validate …

Design, Synthesis And Biological Evaluation Of A Novel Bioactive Indane Scaffold 2-(Diphenylmethylene)C-2,3-Dihydro-1h-Inden-1-One With Potential Anticancer Activity, Tao Zhang, Vilmar Bandero, Claire Corcoran, Ismael Obaidi, Manuel Ruether, John O'Brien, Lorraine O'Driscoll, Neil Frankish, Helen Sheridan

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Over the past decades, designing of privileged structures has emerged as a useful approach to the discovery and optimisation of novel biologically active molecules, and many have been successfully exploited across and within different target families. Examples include indole, quinolone, isoquinoline, benzofuran and chromone, etc. In the current study, we focus on synthesising a novel hybrid scaffold constituting naturally occurring benzophenone (14) and indanone (22) ring systems, leading to a general structure of 2-(diphenylmethylene)-2,3-dihydro-1H-inden-1-one (23). It was hypothesised this new hybrid system would provide enhanced anti-cancer activity owing to the presence of the common features associated with the tubulin binding …

Enhanced Gene Transfection Efficacy And Safety Through Granular Hydrogel Mediated Gene Delivery Process, Jing Zhang, Zhonglei He, Yinghao Li, Yu Shen, Guanfu Wu, Laura Power, Rijian Song, Ming Zeng, Xianqing Wang, Irene Lara Sáez, Sigen A, Qian Xu, James Curtin, Ziyi Yu, Wenxin Wang

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Although gene therapy has made great achievements in both laboratory research and clinical translation, there are still challenges such as limited control of drug pharmacokinetics, acute toxicity, poor tissue retention, insufficient efficacy, and inconsistent clinical translation. Herein, a gene therapy gel is formulated by directly redispersing polyplex nanoparticles into granular hydrogels without any gelation pre-treatment, which provides great convenience for storage, dosing and administration. In vitro studies have shown that use of granular hydrogels can regulate the gene drug release, reduce dose dependent toxicity and help improve transfection efficacy. Moreover, the developed gene therapy gel is easy to operate and …

Review: Mary Kenny, The Way We Were: Catholic Ireland Since 1922, Eamon Maher

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Book review: Mary Kenny, The Way We Were: Catholic Ireland Since 1922 (Dublin: Columba Books, 2022), 450 pages.

Women’S Stories Transforming Understandings Of Abortion, Amy M. Walsh

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Wind energy harvesting for electricity generation has a significant role in overcoming the challenges involved with climate change and the energy resource implications involved with population growth and political unrest. Indeed, there has been significant growth in wind energy capacity worldwide with turbine capacity growing significantly over the last two decades. This confidence is echoed in the wind power market and global wind energy statistics. However, wind energy capture and utilisation has always been challenging. Appreciation of the wind as a resource makes for difficulties in modelling and the sensitivities of how the wind resource maps to energy production results …

Deregulation: Too Big For One Branch, But Maybe Not For Two, Stephen M. Johnson

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When President Trump took office in 2017, he pursued a deregulatory agenda that exceeded even that of President Reagan. Environmental rules and policies were a major target of the Administration. The President deployed a mix of traditional tools, such as executive orders, guidance documents and policies, and rulemaking to suspend or reverse longstanding regulations and policies of the Environmental Protection Agency (EPA), the Department of the Interior, and other environmental agencies. The Administration also utilized the Congressional Review Act as it had not been used before and aggressively sought abeyances in litigation challenging disfavored rules and policies to advance its …

International Digital Nomads: Immigration Law Options In The United States And Abroad, Scott Titshaw

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Remote work has become common, allowing many people to choose to work anywhere with an adequate internet connection. Some are adopting a “digital nomad” lifestyle, moving with the seasons or years from place to place, including foreign locations. Yet, such international movement raises immigration and other legal issues. Many countries have adopted specific digital nomad visas and other immigration policies to encourage and regulate this trend. The United States is not one of them. Arguing that the United States should consciously plan for digital nomads, this article compares the current U.S. approach with the innovations of other countries, identifying the …

Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments, Pamela A. Wilkins

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The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern …

An “Essential” Solution: Reworking The Essential Facilities Doctrine To Address Big Tech’S Harm To The Marketplace Of Ideas, Kaleb Byars

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Google’s mission statement is undoubtedly altruistic. The Internet overflows with information, and users could not navigate the Internet if an entity did not logically organize that information. On the other hand, should democratic societies accept the convenience that Google and the other Big Tech firms provide if that convenience impairs the marketplace of ideas? Big Tech censorship is at the forefront of current news and congressional consideration. At both ends of the political spectrum, parties agree

Big Tech censorship harms the marketplace of ideas. Republican congresspersons argue Big Tech supports liberal ideas and censors conservative voices, websites, and advertisements. Democratic …

Maintaining Connections During The Pandemic: Rural Arts Festivals And Digital Practices, Enya Moore, Bernadette Quinn

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During the COVID lockdowns of 2020/21, the transmission of live or recorded concerts grew exponentially as festival makers embraced digital technologies to a greater degree. Investigating how this digital pivot interrupted festival-making practices is now important given that online and hybrid modes will potentially be used in conjunction with in-person events in the future. This task has relevance for rural areas where digital infrastructures can be under-developed. Yet, place-based, community-organised festivals can play a significant role in sustaining local communities. In this context, we explore the recent digital programming practices of music festivals in West Cork, Ireland. Methodologically, the study …

Review Of The International Play Policies And Their Contribution To Supporting A Child's Right To Play, Fiona Armstrong, David Gaul

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Play is recognised as a fundamental children's right protected by the United Nations Convention on the Rights of the Child. Despite legal and constitutional requirements for ensuring children's right to play, there are few international policies dedicated to play. This paper seeks to use a critical discourse analysis lens to compare the current international policies dedicated to play and identify examples of good practice and perceived barriers to the successful development and implementation of play policies.

Achieving Strong Chemical Interface And Superior Energy-Saving Capability At The Crosslinks Of Rubber Composites Containing Graphene Oxide Using Thiol-Vinyl Click Chemistry, Rui Zhang, Jiaye Li, Zongchao Xu, Stephen Jerrams, Shui Hu, Li Lui, Shipeng Wen, Liqun Zhang

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Rapidly developments in international transportation inevitably lead to an increase in the consumption of energy and resources. Minimizing the rolling resistance of tires in this scenario is a pressing challenge. To lower the rolling resistance of tires, enhancing the interaction between fillers and rubber molecules while improving the dispersion of fillers are required to reduce the internal mutual friction and viscous loss of rubber composites. In this study, graphene oxide (GO) was modified using γ-mercaptopropyltrimethoxysilane (MPTMS) with thiol groups. A modified GO/natural rubber (MGO/NR) masterbatch with a fine dispersion of MGO was then introduced into solution-polymerized styrene butadiene rubber (SSBR) …

Memorizing Trade Secrets, Timothy Murphy

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The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information's relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing …

The 2023 Scalia Lecture: Beyond Textualism?, William Baude

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No abstract provided.

The Law Of The Sea And Democracy, Tom Ginsburg

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The law of the sea is not an area of international law generally associated with democracy. The United Nations Convention on the Law of the Sea (UNCLOS) is one of the world’s most broadly accepted and effective treaties, incorporating all kinds of States. The central cleavages among these states— coastal vs. maritime powers, developing countries vs. industrialized nations, landlocked vs. those with access to the seas—have only coincidental links to the global division of democracy and dictatorship. Yet, the law of the sea has surprising connections with democracy in that democratic states are enthusiastic users of the UNCLOS system. Furthermore, …

A Modern Defense Of Simple Rules For A Complex World, Richard Epstein

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My 1995 book Simple Rules for a Complex World articulated a general proposition that, in most situations, simple legal rules perform better in two key dimensions: (1) they are simpler to interpret and enforce, and (2) they generate efficient incentives on the parties to whom they apply. I then applied that view to matters of general legal theory, to matters of environmental law, and to disputes over labor. These principles apply to all forms of legal regulation, but in this Article, I shall limit my analysis to the five articles in this Collection. These are by Richard Revesz on global …

Universities As Knowledge Institutions: A Reply To Professor Jackson, Tom Ginsburg

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No abstract provided.

The Political Question Doctrine And International Law, Curtis Bradley

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Under the political question doctrine, some issues are deemed to be inappropriate for judicial resolution. The modern version of the doctrine is typically traced to the Supreme Court’s 1962 decision in Baker v. Carr, in which the Court listed six reasons why an issue might be treated as political. Although the doctrine has received significant scholarly attention, most modern commentary has overlooked the historic relationship between the doctrine and international law. As this Essay documents, the political question doctrine emerged in part to allow the political branches, rather than the courts, to make determinations about this country’s—and other countries’—rights and …

Interring The Nondelegation Doctrine; Sepultando A Doutrina Da Não Delegação, Eric Posner, Adrian Vermeule

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A large academic literature discusses the nondelegation doctrine, which is said to bar Congress from enacting excessively broad or excessively discretionary grants of statutory authority to the executive branch or other agents. The bulk of this literature accepts the existence of the doctrine, and argues only about the terms of its application or the competence of the courts to enforce it. In this essay, we argue that there is no such nondelegation doctrine: A statutory grant of authority to the executive branch or other agents never effects a delegation of legislative power Agents acting within the terms of such a …

Common Good Gun Rights, Darrell Miller

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No abstract provided.

The Comparative Constitutional Of Democratic Backsliding: A Report On The State Of The Field, Aziz Huq, Tom Ginsburg

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No abstract provided.

Our Federalism And Our Democracy: Complements Or Foes?, Aziz Huq

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This Essay reflects on the relationship between “federalism” and “national democracy.” More specifically, it considers the way in which the operation of formal state institutions can change the quality of national bodies necessary to democratic politics. State-level action can reduce the quality of national democracy even if it is motivated by national partisan forces. For example, state-level instruments can influence the possibility that national institutions either do or do not experience capture by minority factions, and are instead capable of roughly tracking the ebb and flow of majoritarian preferences over time. Without state institutions, national actors would lack instruments to …

Legal Origins And Human Rights Law, Adam Chilton, Mila Versteeg

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A widely studied topic in comparative law is the extent to which countries’ legal origins—and especially whether they are a civil or common law system—are associated with the substance of their contemporary laws. We contribute to this line of research by using data from a range of sources to explore whether common law and civil law countries have different substantive legal commitments in an area where the enduring influence of legal origins remains unclear: human rights law. We specifically explore differences between common law and civil law countries along five dimensions. We find that, compared to countries with common law …

Private Enforcement In The States, Austin Peters, Diego Zambrano, Neel Guha, Jeffrey Xia

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Scholarship on U.S. litigation and civil procedure has scarcely studied the role of private enforcement in the states. Over the past two decades, scholars have established that, almost uniquely in the world, the U.S. often relies on private parties rather than administrative agencies to enforce important statutory provisions. Take your pick of any area in American governance, and you will find private rights of action: environmental law, civil rights, employment discrimination, antitrust, consumer protection, business competition, securities fraud, and so on. In each of these areas, Congress has deliberately empowered private plaintiffs instead of, or in addition to, government agencies. …

Nonparty Interests In Contract Law, Omri Ben-Shahar, David Hoffman, Cathy Hwang

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Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and parties embrace this party primacy norm, recognizing only a few exceptions, such as mandatory rules that bar enforcement of agreements that harm others. This Article describes a distinct species of previously unnoticed contract law rules that advance nonparty interests, which it calls “nonparty defaults.”

In doing so, this Article makes three contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts deviate from the party primacy norm with surprising …

The January 6 Insurrection And The Problem Of Constitutional Guardianship, Aziz Huq

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No abstract provided.

International Constitution-Making As A Technique Of Gender Ordering: Considering The Role Of The Family In Global Economic Relations, Michele Krech

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No abstract provided.

A Symposium To Mark The Publication, By New York University Press, Of Ian O’Donnell’S Prison Life: Pain, Resistance, And Purpose, Rosemary Gido, Derek S. Jeffreys, Cormac Behan, Kimmett Edgar, Bethany E. Schmidt, Gorazd Mesko, Mary K. Stohr, Ashley T. Rubin

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Recognizing the major scholarly contributions to criminology by the noted Irish criminologist, Ian O’Donnell, The Prison Journal invited seven contemporary corrections and punishment scholars to offer insights into O’Donnell’s new book, Prison Life: Pain, Resistance, and Purpose. Offering contextually rich descriptions of prisoner life, the text features four case study prisons—H Blocks, Northern Ireland; Eastham Unit, Texas; Isir Bet, Ethiopia; and ADX Florence, Colorado, in pivotal time periods and through an individual's custodial career in each institution. The symposium discussants focus on O’Donnell's conceptual framework—the degree of prison integration, system and staff regulation, and legitimacy—and how these reflect the key …