Digital Commons Network^™

Labor Mobility And The Problems Of Modern Policing, John Rappaport, Jonathan Masur, Aurelie Ouss

Articles

We document and discuss the implications of a striking feature of modern American policing: the stasis of police labor forces. Using an original employment dataset assembled through public records requests, we show that, after the first few years on a job, officers rarely change employers, and intermediate officer ranks are filled almost exclusively through promotion rather than lateral hiring. Policing is like a sports league, if you removed trades and free agency and left only the draft in place.

We identify both nonlegal and legal causes of this phenomenon—ranging from geographic monopolies to statutory and collectively bargained rules about pensions, …

What Do Oral Contraceptive Pills Have To Do With Human Rights Abuses In Sport?, Michele Krech, Katrina Karkazis

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No abstract provided.

The Role (And Limits) Of Developmental Neuroscience In Determining Adolescents’ Autonomy Rights: The Case For Reproductive And Voting Rights, Emily Buss, Julie Maslowsky, Laura Wray-Lake

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No abstract provided.

The Bottini Saga: Why Housing Shortages Are Endemic In California, Richard Epstein

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No abstract provided.

Dynamic Diffusion, Adam Chilton, Anu Bradford, Katerina Linos

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Research on legal diffusion typically focuses on laws’ initial adoption and ignores their later evolution. We develop a typology of three subsequent diffusion patterns: convergence, when countries revise laws to move closer to leading regulators; customization, when countries revise laws to move away from leading regulators; and stagnation, when countries cease legislating, leaving initially adopted laws in place. We then propose a general theory suggesting that economic size and geographic distance from leading regulators predict which of the three patterns countries follow. We explore this theory with case studies on the dynamic diffusion of antitrust laws in Russia, Colombia, and …

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.

The Shadow Of The Law Of The Police, Adam Davidson

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No abstract provided.

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 …

Social Sustainability In Event Management: A Critical Commentary, Judith Mair, Emma Wood, Bernadette Quinn

Articles

This critical commentary focuses on the development of research in Event Management on social sustainability in the context of events. Findings suggest that while there has been a plethora of articles published in the journal that touch on elements of what we understand to relate to social sustainability (e.g., resident impacts; sense of community, place, belonging, etc.) there are very few that have explicitly situated their work in the sustainability field. This means that it is somewhat difficult to pull together the various threads of disparate studies to comment on the evolution of research on events and social sustainability as …

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

Articles

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 …

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.

Stakeholder Governance As Governance By Stakeholders, Brett H. Mcdonnell

Articles

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 …

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. …

Returning Individual Research Results From Digital Phenotyping In Psychiatry, Francis X. Shen, Matthew L. Baum, Nicole Martinez-Martin, Adam S. Miner, Melissa Abraham, Catherine A. Brownstein, Nathan Cortez, Barbara J. Evans, Laura T. Germine, David C. Grady, Ingrid A. Holm, Elisa A. Hurley, Sara Kimble, Gabriel Lazaro-Munoz, Kimberlyn Leary, Mason Marks, Patrick J. Monette, Jukka-Pekka Onnela, P. Pearl O'Rourke, Scott L. Rauch, Carmel Shachar, Srijan Sen, Ipsit Vahia, Jason L. Vassy, Justin T. Baker, Barbara E. Bierer, Benjamin C. Silverman

Articles

Psychiatry is rapidly adopting digital phenotyping and artificial intelligence/machine learning tools to study mental illness based on tracking participants’ locations, online activity, phone and text message usage, heart rate, sleep, physical activity, and more. Existing ethical frame-works for return of individual research results (IRRs) are inadequate to guide researchers for when, if, and how to return this unprecedented number of potentially sensitive results about each participant’s real-world behavior. To address this gap, we convened an interdisciplinary expert working group, supported by a National Institute of Mental Health grant. Building on established guidelines and the emerging norm of returning results in …

Race, Racial Bias, And Imputed Liability Murder, Perry Moriearty, Kat Albrecht, Caitlin Glass

Articles

Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few scholars have addressed, however, is who bears the brunt.

This Article is one of the first to explore the racialized impact of the two most controversial and ubiquitous forms of what we call “imputed liability murder.” An analysis of ten years of murder prosecutions in the state of Minnesota reveals …

The Right To Fail, Alexander Boni-Saenz

Articles

In 2013, the Department of Justice entered into a consent decree with the state of New York concerning the lives of 4,000 people with mental illness who had been segregated into group homes in the state. These group homes were overcrowded and dangerous, and New York agreed to move all but the most severely mentally ill people into supportive housing, if they desired it. This outcome was seen as vindicating the dignity of risk, a foundational value of disability rights scholarship and politics. This principle holds that it is normatively desirable for individuals to be able to make their own …

Scotus House: Can A Supreme Court Ethics Lawyer And Inspector General Help Get This Fraternity Under Control?, Richard Painter

Articles

Today, the United States Supreme Court is immersed in an ethics crisis of unprecedented proportions. Public confidence in the Court is at an all-time low and Congress is considering action. The Court is less likely to police itself than it was over fifty years ago when Justice Abraham Fortas resigned over a scandal that was probably less serious than that facing at least one justice today. This article discusses the Court’s recent scandals and explains multiple factors that make the Court prone to ethics lapses, perhaps more so than the other two branches of government. This Article then proposes that …

Derivatives Markets Fragilities And The Energy Transition, James W. Coleman, Colleen Baker

Articles

It is common knowledge that climate change concerns have prompted countries around the world to plan for a reduction in their fossil fuel dependencies. Yet while much attention has been placed on new low-carbon sources of energy such as wind, solar, and nuclear, comparatively little focus has centered on the commodity inputs, critical metals, needed to create this clean energy. In this article, we argue that at the heart of the energy transition is a commodities transition representing an unprecedented international reliance on critical metals, traditionally capricious commodities traded in global markets. Indeed, nations around the world have begun to …

Access To Justice: A Roadmap To Creating And Launching Consumer Bankruptcy Experiential Programs In Law Schools, Ishaq Kundawala

Articles

It is increasingly difficult for people who need consumer bankruptcy relief to access it. Ironically, many of the people who most need it cannot afford it, and oftentimes they come from underserved communities. Large-scale solutions to this access to consumer bankruptcy problem have been discussed, and even proposed, but not yet implemented. While law schools cannot solve the access problem without congressional intervention, they can, at least, take steps to improve the status quo. One way law schools can address this problem is to create experiential programs focusing on consumer bankruptcy.

These types of programs offer a dual benefit. They …

Reconciling Riverside Bayview Homes, Sackett, And County Of Maui, Stephen Johnson

Articles

Near the end of the 2022 term, the Supreme Court issued its decision in Sackett v. EPA. The case has been described as "the most important Clean Water Act case the Court has ever decided, and ... probably ... one of the most impactful environmental decisions in the Court's history."  For the fourth time, the Court interpreted the meaning of the term "navigable waters" in the Clean Water Act (CWA), and the Sackett Court narrowed the interpretation of the term in a manner that critics claim will eliminate federal protection for more than 50% of the wetlands in the United …

Feedback Loops: Feedback Machines, Patrick Barry

Articles

Yes, AI raises serious concerns about bias, privacy, copyright infringement, environmental sustainability, and a whole bunch of other important topics. But if you are looking for a positive use case - and a new way to approach professional development - try asking chatgpt or some other AI chatbot for feedback, especially on something you've written.

Consent Searches As Police Violence, David B. Owens

Articles

Henderson and Krishnamurthi’s new paper—A Wolf in Sheep’s Attire: How Consent Enfeebles Our Fourth Amendment (hereinafter Sheep’s Attire)— powerfully advocates for reform to the consent doctrine. The paper is thoughtful, well-intentioned, and useful for challenging core assumptions about the law to help us evaluate how it should work. The piece is also fun to read as the authors breathe real-world insight into old doctrine. In the end, though the article flirts with a categorical rule about consent searches, and while the authors “think it categorically unreasonable for police to ask individuals to forgo their rights” in the context …

Historical Analogy And The Role Morality Of Reason-Giving, Darrell Miller

Articles

The Supreme Court has turned ever more to analogical reasoning from history and tradition to decide significant matters of public policy. Nowhere is this phenomenon more evident than in the Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen.

The Court’s crafting of a Second Amendment test that turns almost entirely on the strength of analogies—and on a topic of such intense public salience—has thrust analogical reasoning to the forefront of judicial and academic debate. While many have questioned the workability of Bruen’s focus on historical analogs, this Essay is less concerned about the pragmatics of …

The Natural Law Origins Of Private And Public Law, Richard Epstein

Articles

This article attempts to counter the widespread skepticism that surrounds any appeal to natural law principles, starting with Roman law at one end and the appeal to general law under Swift v. Tyson on the other. It steers a systematic middle course between moral absolutism, which treats all relationships as fixed and immutable, and modern realist positions that insist the infinite variety of legal approaches to most legal problems proves that there is no solid core to either natural law or general law. The natural law positions set out the basic relationships for marriage and family, for alluvion and avulsion …

The Trouble With Classifications, Aziz Huq

Articles

The Supreme Court relies increasingly on anticlassification rules to implement the Constitution’s various commands of evenhanded state treatment. These rules direct attention to whether an instance of a forbidden classification is present on the face of a challenged law. They contain two necessary steps. First, a court defines a general category of impermissible terms. Second, a court ascertains whether an instance of the category is found in enacted text—so triggering the familiar strict scrutiny analysis. So defined, anticlassification rules now dominate equal protection, free speech, “dormant” Commerce Clause, and even free exercise jurisprudence. The Roberts Court celebrates these doctrinal tests …

Private Security And Public Police, Ben Grunwald, John Rappaport, Michael Berg

Articles

Private security officers outnumber police by a wide margin, and the gap may be growing. As cities have claimed to defund the police, many have quietly expanded their use of private security, reallocating spending from the public to the private sector. It is difficult to know what to make of these trends, largely because we know so little about what private security looks like on the ground. On one prevalent view of the facts, a shift from public to private security would mean little more than a change of uniform, as the two labor markets are deeply intertwined. Indeed, academics, …

Technology, Tradition, And “The Terror Of The People”, Darrell Miller, Alexandra Filindra, Noah Kaplan

Articles

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court man- dated a text, history, tradition, and analogy–only approach to Second Amendment cases.

No longer can policymakers rely on empirical data alone to carry their litigation burden. Now such data must conform to a still-emerging “historical tradition of fire- arm regulation” to meet constitutional muster. Some despair that reams of data, careful experiments, and rigorous statistical analyses no longer have any relevance to the gun debate.

But those that claim that Bruen signals the end of empirically grounded policy solutions badly misread the opinion. Empirical studies can …

Free Speech On The Internet: The Crisis Of Epistemic Authority, Brian Leiter

Articles

No abstract provided.