Digital Commons Network^™

Asking Gpt For The Ordinary Meaning Of Statutory Terms, Richard Mcadams, Christoph Engel

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No abstract provided.

Valuing Social Data, Amanda Parsons, Salome Viljoen

Articles

Social data production—accumulating, processing, and using large volumes of data about people—is a unique form of value creation that characterizes the digital economy. Social data production also presents critical challenges for the legal regimes that encounter it. This Article provides scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production that is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that …

Rethinking Innovation At Fda, Rachel E. Sachs, Nicholson Price, Patricia J. Zeitler

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In several controversial drug approval decisions in recent years, the Food & Drug Administration (“FDA”) has publicly justified its decision partly on the ground that approving the drugs in question would support innovation in those fields going forward. To some observers, these arguments were surprising, as the Agency’s determination whether a drug is “safe” and “effective” does not seem to depend on whether its approval also supports innovation. But FDA’s use of these innovation arguments in drug approval decisions is just one example of the ways in which the Agency has come to make many innovation-related judgments as part of …

Use Of Artificial Intelligence In Drug Development, Louise C. Druedahl, Nicholson Price, Timo Minssen, Dipl Jur, Ameet Sarpatwari

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Considerable focus has been placed on the health care applications of artificial intelligence (AI). Already, machine learning, a subset of AI that involves “the use of data and algorithms to imitate the way that humans learn” has been used to predict diseases, while AI-powered smartphone apps have been developed to promote mental health and weight loss. Owing in part to such successes, the market for AI in health care has been forecasted to increase more than 1000% between 2022 and 2029, from $13.8 billion to $164.1 billion. One area of substantial promise is drug development, which is poised to benefit …

Protecting The Sovereign's Money Monopoly, Gary B. Gorton, Jeffery Zhang

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Sovereign states have held a monopoly over the production of circulating money for well over a century. Governments, not private entities, issue circulating money. The advent of stablecoins—privately issued digital money that can circulate—raises the question of the sovereign’s money monopoly from the grave. Should private money circulate alongside sovereign money in the twenty-first century? We argue against coexistence to preserve financial stability and monetary sovereignty.

Through the lens of economic theory, we explore the coexistence question by revisiting the original debates that led to the sovereign’s money monopoly in England, the United States, Canada, and Sweden. In each case, …

Eskape: Navigating The Global Battlefield For Antimicrobial Resistance And Defense In Hospitals, Kamna Ravi, Baljit Singh

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The current healthcare environment is at risk due to the facilitated transmission and empowerment of the ESKAPE pathogens, comprising of Enterococcus faecium, Staphylococcus aureus, Klebsiella pneumoniae, Acinetobacter baumannii, Pseudomonas aeruginosa, and Enterobacter species. These pathogens have posed significant challenges to global public health and the threat has only amplified over time. These multidrug-resistant bacteria have become adept at escaping the effects of conventional antibiotics utilized, leading to severe healthcare-associated infections and compromising immunocompromised patient outcomes to a greater extent. The impact of ESKAPE pathogens is evident in the rapidly rising rates of treatment failures, increased mortality, and elevated healthcare costs. …

Explainable Machine Learning For The Regulatory Environment: A Case Study In Micro-Droplet Printing, Darragh Ryan, Elaine Harris, Gerard M. O'Connor

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Micro-droplet printing remains an invaluable tool for the additive manufacturing industry due to its versatility, efficiency and cost-effectiveness. The design and deployment of a disposable micro-droplet dispenser seeks to facilitate a quick and easy way to alternate between different printing materials (such as ink, metals, bio-materials, pharmaceuticals, etc.) without the need for thorough cleaning or separate delivery systems. While this works well in principle, in practice achieving consistent performance between dispensers can prove challenging. This paper aims to tackle this issue through the use of Machine Learning (ML) in order to (1) build a model that predicts dispenser performance from …

Enhancing Control Room Operator Decision Making, Joseph Mietkiewicz, Ammar N. Abbas, Chidera W. Amazu, Gabriele Baldissone, Anders L. Madsen, Micaela Demichela, Maria Chiara Leva

Articles

In the dynamic and complex environment of industrial control rooms, operators are often inundated with numerous tasks and alerts, leading to a state known as task overload. This condition can result in decision fatigue and increased reliance on cognitive biases, which may compromise the decision-making process. To mitigate these risks, the implementation of decision support systems (DSSs) is essential. These systems are designed to aid operators in making swift, well-informed decisions, especially when their judgment may be faltering. Our research presents an artificial intelligence (AI)-based framework utilizing dynamic influence diagrams and reinforcement learning to develop a powerful decision support system. …

Exploring The Influence Of Human System Interfaces: Introducing Support Tools And An Experimental Study, Chidera W. Amazu, Joseph Mietkiewicz, Ammar N. Abbas, Houda Briwa, Andres Alonso-Perez, Gabriele Baldissone, Davide Fissore, Micaela Demichela, Maria Chiara Leva

Articles

Situational awareness and decision support tools such as procedures and alarm systems are vital for effective interaction among control room operators, especially in safety-critical situations. In safety-critical environments such as process plants, there remains a gap in evaluating specific tools during actual operations, or ”work-as-done.” Additionally, the underlying factors that might impact operators' cognitive states and performance concerning safety have not been thoroughly explored. The need for such an evaluation is further bolstered by current interaction configurations where operators are more passive than active, thus reducing their cognitive performance. Therefore, this experimental study addresses the highlighted evaluation gap by introducing …

Mental Workload Classification And Tasks Detection In Multitasking: Deep Learning Insights From Eeg Study, Miloš Pušica, Aneta Kartali, Luka Bojović, Ivan Gligorijević, Jelena Jovanović, Maria Chiara Leva, Bogdan Mijović

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While the term task load (TL) refers to external task demands, the amount of work, or the number of tasks to be performed, mental workload (MWL) refers to the individual's effort, mental capacity, or cognitive resources utilized while performing a task. MWL in multitasking scenarios is often closely linked with the quantity of tasks a person is handling within a given timeframe. In this study, we challenge this hypothesis from the perspective of electroencephalography (EEG) using a deep learning approach. We conducted an EEG experiment with 50 participants performing NASA Multi-Attribute Task Battery II (MATB-II) under 4 different task load …

Collaborative Intelligence For Safety-Critical Industries: A Literature Review, Inês F. Ramos, Gabriele Gianini, Maria Chiara Leva, Ernesto Damiani

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While AI-driven automation can increase the performance and safety of systems, humans should not be replaced in safety-critical systems but should be integrated to collaborate and mitigate each other's limitations. The current trend in Industry 5.0 is towards human-centric collaborative paradigms, with an emphasis on collaborative intelligence (CI) or Hybrid Intelligent Systems. In this survey, we search and review recent work that employs AI methods for collaborative intelligence applications, specifically those that focus on safety and safety-critical industries. We aim to contribute to the research landscape and industry by compiling and analyzing a range of scenarios where AI can be …

Experimental And Computational Investigation Of The Kinetic Evolution Of The Glutaminolysis Pathway And Its Interplay With The Glycolysis Pathway, Zohreh Mirveis, Nitin Patil, Hugh J. Byrne

Articles

Exploring cellular responses necessitates studying real-time metabolic pathway kinetics, considering the adaptable nature of cells. Glycolysis and glutaminolysis are interconnected pathways fundamental to driving cellular metabolism, generating both energy and essential biosynthetic molecules. While prior studies explored glycolysis tracking, this research focuses on monitoring the kinetics of the glutaminolysis pathway by evaluating the effect of glutamine availability on glycolytic kinetics and by investigating the impact of a stimulator (oligomycin) and inhibitor (2DG) on the glycolytic flux in the presence of glutamine. Additionally, we adapted a rate equation model to provide improved understanding of the pathway kinetics. The experimental and simulated …

Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia

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In 1971, Sarah Weddington argued Roe v. Wade as a class action on behalf of pregnant women living in Texas, many of whom, including herself had to flee the State to obtain an abortion in Mexico. In 2021, Texas enacted S. B. 8, otherwise known as the Texas Heartbeat Act, which created a private cause of action for injunctive relief and statutory damages awards against any person assisting in and any physician accused of performing an abortion, thus reigniting the cross-border flows that historically have made Mexico a haven for runaway enslaved people and pregnant persons heading south to freedom. …

Try Again: The Problems Of Befit, Reuven S. Avi-Yonah

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In September 2023, the European Commission proposed the directive Business in Europe: Framework for Income Taxation (BEFIT) for corporate income taxation of large groups (COM(2023) 532 final (Sept. 12, 2023)). This is the latest iteration of the EU’s effort to harmonize corporate taxation within the single market. But like its predecessor the Common Consolidated Corporate Tax Base, BEFIT suffers from flaws that undermine its stated goals. The EU can do better, especially given that pillar 1 of the base erosion and profit-shifting’s project 2.0 shows the way forward.

“There’S A Lifestyle, An Appreciation, A Beauty”: An Interpretative Phenomenological Analysis Of Masters Rowers, Jason Rich, Pamela Beach, Heidi K. Byrne

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Masters rowing has seen a measurable increase in participation, with masters rowers engaged in the sport for competition, health, and recreation reasons. Unlike other masters sports, masters rowing has a unique high level of synchronous, cooperative, and interdependent elements. To better understand the benefits and challenges of participation in competitive masters rowing, the purpose of this study was to explore the lived experiences of competitive masters rowers. Twelve competitive masters rowers were recruited and interviewed. Utilizing an interpretative phenomenological analysis approach to guide data collection, analysis, and interpretation, the analysis revealed four major themes: navigating community relationships, finding a reason …

Locating Liability For Medical Ai, W. Nicholson Price Ii, I. Glenn Cohen

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When medical AI systems fail, who should be responsible, and how? We argue that various features of medical AI complicate the application of existing tort doctrines and render them ineffective at creating incentives for the safe and effective use of medical AI. In addition to complexity and opacity, the problem of contextual bias, where medical AI systems vary substantially in performance from place to place, hampers traditional doctrines. We suggest instead the application of enterprise liability to hospitals—making them broadly liable for negligent injuries occurring within the hospital system—with an important caveat: hospitals must have access to the information needed …

Applying Strict Scrutiny In Termination Of Parental Rights Proceedings: Why Alabama’S Jurisprudence Should Reshape Child Protection Practice, Christopher Church, Vivek Sankaran

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“Our decision in [Pierce] holds that parents have a fundamental constitutional right to rear their children . . . . I would apply strict scrutiny to infringements of fundamental rights.” “[S]trict scrutiny leaves few survivors.” Termination of parental rights (TPR) stands as “a unique kind of deprivation” that results in the state irrevocably severing a parent’s fundamental right to care for their child. In The Ties that Bind Us, we scrutinized the child protection system’s overuse of TPR, employing clinical, empirical, and constitutional perspectives. This Article advocates for a constitutionally anchored framework aimed at enforcing strict scrutiny when considering TPR …

Channeling A Federal Right To Education Through State Constitutions And Courts, Nicole Sunderlin, Evan Caminker

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Professor Black attributes the ubiquitous adoption of education clauses in state constitutions in the immediate pre- and especially post-Reconstruction era to a “constitutional compromise” struck by Congress and the states. The State Citizenship commitment was designed to enhance the republican nature of both levels of governance by ensuring broader access to political participation through voting and broader access to public education to inform and support democratic deliberation. The education component of this commitment was uniquely secured, argues Black, through a state-federal compromise using two complementary mechanisms: first, by mandating states to embrace a state constitutional obligation to provide basic educational …

A Fractured Supreme Court: Select Criminal Law And Procedure Cases From The Supreme Court’S 2023-24 Term, Eve Brensike Primus, Jordan Schuler

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In its 2023-2024 Term, the Supreme Court outlined the contours of when a former President of the United States would be immune from criminal prosecution; issued important decisions interpreting the scope of the Cruel and Unusual Punishments Clause, the Double Jeopardy Clause, the Confrontation Clause, and the Second Amendment right to bear arms; decided a number of important statutory interpretation cases; and continued to avoid Fourth Amendment issues, only addressing them in the context of a malicious prosecution charge. Perhaps more striking than the Court’s decisions in these cases, though, was the Justices’ lack of consensus. Of the 16 criminal …

The Joy Of The Fight: What Litigators Can Learn From The Martial Arts, Len Niehoff, Tim Lynch

Articles

You walk into a martial arts training studio (in Japanese styles, a dojo) and you scan the room. Everything going on here looks, well, unpleasant. In one corner, you observe a group of students performing kata, choreographed sequences of kicks, punches, and blocks that simulate the experience of fighting multiple opponents. Sweat pours off them. In another corner, you see two students engaged in sparring exercises, or kumite. The sharp, smacking noise of one student striking the protective pads worn by another carries across the room. In a third corner, you notice students doing push-ups, working their muscles until their …

Generalised Zero-Shot Learning For Action Recognition Fusing Text And Image Gans, Kaiqiang Huang, Susan Mckeever, Luis Miralles-Pechuán

Articles

Generalized Zero-Shot Action Recognition (GZSAR) is geared towards recognizing classes that the model has not been trained on, while still maintaining robust performance on the familiar, trained classes. This approach mitigates the need for an extensive amount of labeled training data and enhances the efficient utilization of available datasets. The main contribution of this paper is a novel approach for GZSAR that combines the power of two Generative Adversarial Networks (GANs). One GAN is responsible for generating embeddings from visual representations, while the other GAN focuses on generating embeddings from textual representations. These generated embeddings are fused, with the selection …

Neural Correlates Of Audiovisual Narrative Speech Perception In Children And Adults On The Autism Spectrum: A Functional Magnetic Resonance Imaging Study, Lars A. Ross, Sophie Molholm, John S. Butler, Victor A. Del Bene, Tufikameni Brima, John J. Foxe

Articles

Autistic individuals show substantially reduced benefit from observing visual articulations during audiovisual speech perception, a multisensory integration deficit that is particularly relevant to social communication. This has mostly been studied using simple syllabic or word-level stimuli and it remains unclear how altered lower-level multisensory integration translates to the processing of more complex natural multisensory stimulus environments in autism. Here, functional neuroimaging was used to examine neural correlates of audiovisual gain (AV-gain) in 41 autistic individuals to those of 41 age-matched non-autistic controls when presented with a complex audiovisual narrative. Participants were presented with continuous narration of a story in auditory-alone, …

Framing A Feminist Phenomenological Inquiry Into The Lived Experiences Of Women Entrepreneurs, Edicleia Oliveira, Serge Basini, Thomas M. Cooney

Articles

Purpose – This article aims to explore the potential of feminist phenomenology as a conceptual framework for advancing women’s entrepreneurship research and the suitability of interpretative phenomenological analysis (IPA) to the proposed framework.

Design/methodology/approach – The article critically examines the current state of women’s entrepreneurship research regarding the institutional context and highlights the benefits of a shift towards feminist phenomenology.

Findings – The prevailing disembodied and gender-neutral portrayal of entrepreneurship has resulted in an equivocal understanding of women’s entrepreneurship and perpetuated a male-biased discourse within research and practice. By adopting a feminist phenomenological approach, this article argues for the importance …

A Critical Race Theory Analysis Of Critical Race Theory Bans, Caroline Mala Corbin

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A majority of state legislatures have introduced bills prohibiting public schools from teaching certain "divisive concepts" attributed to critical race theory (CRT), with at least fifteen states successfully enacting them. This Article applies a critical race theory analysis to these critical race theory bans, finding that the bans embody white privilege and especially its companion, white fragility.

After providing a primer on critical race theory, Part I explains how the state bans profoundly misunderstand critical race theory, which focuses on how systems and institutions reproduce racial inequality. These bans, however, assume that racism is individual, intentional, and rare, and that …

Confronting Structural Inequality In State Labor Law, Andrew Elmore

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Low-wage workers face a structural problem in seeking to improve their work standards: While companies have substantial labor market power to impose work terms and conditions, workers require affirmative state support to collectively press their workplace demands. But their employers can mobilize private capital and property rights, often with judicial deference, to fend off state intrusions into the workplace. While the National Labor Relations Act aims to resolve this structural problem by protecting the rights of workers to join unions, strike, and collectively bargain, employers, backed by judicial support for managerial prerogatives and property rights, can often leverage NLRA weaknesses …

Politicizing Antisemitism Amidst Today's Educational Culture Wars, Lili Levi

Articles

The traditional narrative of American Jewry emphasizes American exceptionalism with respect to antisemitism. But there have been clear signs of a resurgence of public antisemitism in the United States even before the massive rise in antisemitic expression and incidents associated with the Israel-Hamas war of fall 2023.

One of the notable aspects of the rise and normalization of antisemitic expression is the deployment of antisemitism as a political tool. For example, in addition to Democrats and Republicans accusing each other of complicity in antisemitism, both federal policy since the Trump era and state anti-antisemitism legislation have targeted campus antisemitism in …

The Belfast/Good Friday Agreement And Transformative Change: Promise, Power And Solidarity, Fionnuala Ní Aoláin

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In 2023 the 1998 Belfast/Good Friday Agreement marks its twenty-fifth anniversary. For many the Agreement projects a global image of a successfully concluded end to conflict. However, key aspects of the agreement remain under-enforced or simply undelivered: in particular, provisions related to significant and wide-ranging guarantees addressing human rights and equality of opportunity. As a result, socio-economic and cultural deficits persist, undermining the capacity to achieve a ‘positive peace’. In this article we address the question of how transformative the Agreement and associated reforms have been in addressing the root causes of the conflict and the structures that underpinned it. …

Platform Unions, Charlotte Garden

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How should we regulate social media platforms to prevent harmful treatment of users? Regulators, advocates, and scholars have grappled with this problem for years. Many proposed solutions, ranging from improving privacy disclosures, to promoting competition between platforms, to requiring platforms to pay users for their data, are at best incomplete.

This Article begins from the premise that platform problems are collective problems and proposes a collective solution: empowering users to organize platform unions. Much like labor unions give employees a say in in their working conditions even when they lack individual bargaining power, platform unions would facilitate collective bargaining over …

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

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Despite their escalating importance, thus far, there has been minimal legal scholarship on metals derivatives markets. Given the key role of these markets in the transition to a clean energy future, increased focus on them is imperative.

Hence, it is not surprising that the agendas for the last four meetings of the Commodity Futures Trading Commission’s Energy and Environmental Markets Advisory Committee each dedicated a significant portion of the meeting to metals derivatives markets and their role in the transition to a clean energy future.

Fundamentally, the United States and the world are moving from their long-term dependence on the …

Introduction: Revolutionizing Neuroimaging Research With Highly Portable Mri: Confronting Ethical And Legal Challenges, Francis X. Shen, Frances Lawrenz, Susan M. Wolf

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No abstract provided.