Digital Commons Network^™

Management’S Substantive Edges, Alexander A. Reinert

Articles

The article examines the evolution of judicial management in federal courts since Judith Resnik's seminal work, *Managerial Judges*, highlighting both advancements and persistent challenges. While increased transparency and the expanded role of magistrate judges have mitigated some concerns, issues like discovery disputes and the impact of the Prison Litigation Reform Act (PLRA) continue to shape judicial practice. The article critiques the disuniformity introduced by judges' individual standing orders, which, despite offering flexibility, raise concerns about procedural fairness, transparency, and consistency in federal procedure.

Aesthetics Of Slavery & Slave Trade Crimes, Jocelyn Getgen Kestenbaum

Articles

In his insightful new book, Invisible Atrocities, Randle DeFalco examines the aesthetic biases of international criminal law (ICL). DeFalco astutely argues that ICL prioritizes punishing "horrific spectacles" of violence while ignoring less visible, attritive forms of violence that cause similar levels of harm and suffering, generally over longer periods of time. While ICL is selective in its preference for "horrific spectacles," even the spectacular violence has been rendered invisible in ICL when inconvenient factual evidence counters dominant narratives in international law.

One such dominant narrative is the successful abolition of slavery and the slave trade of the nineteenth and twentieth …

Whirlpool’S Subpart F Position Was Inconsistent With Congressional Intent, Jeffery M. Kadet

Articles

I believe that Whirlpool took an untenable position on allocation in its 2009 tax filings. The Tax Court in its Whirlpool decision corrected this position using a reasonable approach that used the taxpayer’s own accounting. Now, in their article, Yoder et al. have labeled the Tax Court’s approach a “fundamental flaw” while championing Whirlpool’s position. Considering this situation, it is critical that Treasury and the IRS add appropriate guidance to reg. section 1.954-3. This would clarify that in the case of sales to related or unrelated persons, with no locally based sales personnel and where group personnel in other locations …

Taxing Digital Platforms, Andrew Hayashi, Young Ran (Christine) Kim

Articles

The proliferation of digital services taxes (DSTs) in Europe is generally understood as a way for those countries to claim taxing rights over the profits of large digital platforms such as Google, Facebook, and Amazon. Under prevailing norms of international income taxation, these businesses had been able to avoid paying taxes in countries where they had no physical presence, even if they had many users in those countries. But the rise of big tech has generated a set of regulatory and political challenges, and tax is only one of these. The adoption of DSTs is not only about the fair …

Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer

Articles

This article analyzes the asylum decisions of immigration agencies and federal appellate courts and demonstrates that the case law driven standard for persecution is out of step with the original meaning of the term, international law standards, and contemporary understanding of how human beings experience physical and mental harm. Medical and psychological evidence establishes that even trauma at the lower end of the spectrum of severity can inflict lasting and debilitating effects on people's health. Yet over the last three decades, virtually no court decisions have decreased the showing of harm needed to establish persecution. To the contrary, courts have …

How Law Schools Can Fight For Fearless Speech, Mary Anne Franks

Articles

No abstract provided.

James And Peirce On The Importance Of Individuals: The Differences That Make A Difference, Susan Haack

Articles

No abstract provided.

The Afterlife Of Confederate Monuments, Jessica Owley, Jess Phelps

Articles

As communities increasingly remove Confederate monuments from public spaces, they must decide what to do with these troubled statues. Given the recent wave of monument removal, we consider how property law and other restrictions impact community decisions on the disposition of monuments removed from public spaces on two levels by location and future owner. In considering the fate of removed monuments, we profile potential destinations including museums, battlefields, cemeteries, and even storage. Alongside these examples, we discuss how laws constrain (or fail to constrain) the options for new owners and the restrictions on where monuments can be relocated. Even where …

Enhanced Internal Coating Structure And Light Reflectance Of Coated Papers: A Sludge Valorization Process, Bilge N. Altay, Anamika Huq, Burak Aksoy, Richard Hailstone, Muslum Demir, Cem Aydemir, Arif Karademir, Scott Williams

Articles

Paper mill sludge (PMS) is a high-volume waste of the pulppapermaking industry, containing cellulose fibers. This paper introduces cellulose nanofibers extracted from PMS (CNFsPMS) and their application in paper coatings using a wire-wound coating method to enhance internal and optical properties of paper. Three factors were investigated: (i) CNFsPMS amount, (ii) number of layers, and (iii) surface treatment via a 4 × 2 × 2 factorial design. The experimental responses were tracked by fundamentally important internal properties including porosity, air permeability, thickness, roughness, and optical properties of brightness, gloss, and CIE L*a*b* color coordination. The results showed that CNFPMS enhances …

Precise And Analytical Calculation Of Interface Surface Area In Sharp Interfaces And Multiphase Modeling, Simon P. Shipkowski, Isaac Bernabe Perez Raya

Articles

Various kinds of Piecewise Linear Interface Calculations (PLIC) are commonly used in Computational Fluid Dynamics (CFD) for multiphase flows. Here, a new method is proposed to calculate the interface size for CFD simulations. This PLIC method with the modifier, Analytic Size Based [method], (PLIC-ASB), being that the calculation requires a symbolic equation and no approximation or numerical methods. The primary advantage of the PLIC-ASB is maintaining a sharp interface and providing for physics-based (not iterative or empirically derived factors) mass transfer due to the cell-by-cell accuracy. Along with the sharp interface, this method leads to precise interface displacements and suppresses …

Supply Chain Success Depends On Workers, Sarah Schiffling, Nikolaos Valantasis Kanellos

Articles

2022 proved to be a difficult year for the people side of supply chains and the global transport networks that support them. Labour shortages and labour disputes put further pressure on systems that were already struggling with the fallout from the Covid-19 pandemic, the war in Ukraine, and the impact of climate change. Amid high levels of inflation, workers around the world have been striking for better pay and conditions, in areas as different as healthcare, waste management, and teaching. For example, 2022 saw port related strikes quadrupling in comparison to the previous year.

Unbelievable: How Narrative Can Help Vulnerable Narrators Overcome Perceived Unreliability In The Legal System, Cathren Page

Articles

This article examines how advocates can champion vulnerable narrators’ truths. First, advocates must prime the audience by educating the audience about the ways the vulnerability manifests; this process helps to allay credibility questions. Second, advocates must reframe seemingly untrustworthy behavior by showing how the behavior is consistent with someone in the vulnerable narrator’s situation. Third, advocates must create what fiction writers call verisimilitude—a sense of reality—by including concrete details that logically fit together in the legal narrative. Finally, advocates must label the tactics commonly used to discredit vulnerable narrators so that the audience can see those tactics for what they …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

Modeling And Fitting Two-Way Tables Containing Outliers, David L. Farnsworth

Articles

A model is proposed for two-way tables of measurement data containing outliers. The two independent variables are categorical and error free. Neither missing values nor replication are present. The model consists of the sum of a customary additive part that can be fit using least squares and a part that is composed of outliers. Recommendations are made for methods for identifying cells containing outliers and for fitting the model. A graph of the observations is used to determine the outliers’ locations. For all cells containing an outlier, replacement values are determined simultaneously using a classical missing-data tool. The result is …

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 …

Visual Literacy Of Molecular Biology Revealed Through A Card-Sorting Task, Dina L. Newman, Hannah Spector, Anna Neuenschwander, Anna J. Miller, Lauren Trumpore, Leslie Kate Wright

Articles

Visual literacy, which is the ability to effectively identify, interpret, evaluate, use, and create images and visual media, is an important aspect of science literacy. As molecular processes are not directly observable, researchers and educators rely on visual representations (e.g., drawings) to communicate ideas in biology. How learners interpret and organize those numerous diagrams is related to their underlying knowledge about biology and their skills in visual literacy. Furthermore, it is not always obvious how and why learners interpret diagrams in the way they do (especially if their interpretations are unexpected), as it is not possible to “see” inside 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 …

Prescribing Patterns Of Myopia Control Contact Lenses Among Optometrists In Ireland, Michael Moore, Daniel Ian Flitcroft, James Loughman

Articles

Purpose

This retrospective analysis of electronic medical record (EMR) data investigated the prescribing patterns of soft myopia control contact lens (MCCL) treatments since their introduction in Ireland in 2017.

Methods

Anonymised EMR data were sourced from 33 optometry practices in Ireland from 2017 to 2021 to determine the number of practices prescribing MCCLs to myopic children 5–18 years old. In MCCL-prescribing practices, the proportion of contact lens wearing children fitted with MCCLs and the proportion of progressive (≤−0.25 D/year) myopic children fitted with MCCLs were determined. Logistic regression was used to determine which factors influenced the likelihood of being prescribed …

An Alternative To Hapke’S Macroscopic Roughness Correction, Dylan J. Shiltz, Charles M. Bachmann

Articles

In this paper, we present an alternative to Hapke’s correction for the photometric effect of macroscopic roughness of planetary surfaces (Hapke, 1984). Our model includes the effects of both single-facet scattering and multi-facet scattering. The single-facet scattering model is derived directly from the definition of bidirectional reflectance of a rough surface. We model projected shadowing by adopting an approximation published elsewhere in the literature. Monte Carlo simulations of single-facet scattering demonstrate very good agreement with the single-facet scattering component of our model. Using 3D printed molds with known roughness statistics, we prepared rough mineral surfaces consisting of quartz and olivine …