Digital Commons Network^™

Pattern Recognition In Tyus V. Urban Search Management, Lee Fennell

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No abstract provided.

The Federal Judiciary's Role In Drug Law Reform In An Era Of Congressional Dysfunction, Erica Zunkel, Alison Siegler

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No abstract provided.

The Double Movement Of National Origin Discrimination, Aziz Huq

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No abstract provided.

Data Security's Unjust Enrichment Theory, Lior Strahilevitz

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No abstract provided.

Equality's Understudies, Aziz Huq

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No abstract provided.

A Consumer Guide To Empirical Family Law, June Carbone

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No abstract provided.

Race, Rights And The Representation Of Children, Barry Feld

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No abstract provided.

Repetition, Ritual, And Reputation: How Do Market Participants Deal With (Some Types Of) Incomplete Information?, Claire Hill

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No abstract provided.

The Problem With Predators, June Carbone

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No abstract provided.

Accuracy Of Verdicts Under Different Jury Sizes And Voting Rules, Alice Guerra, Barbara Luppi, Francesco Parisi

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No abstract provided.

Civil Procedure And Economic Inequality, Maureen Carroll

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How well do procedural doctrines attend to present-day economic inequality? This Essay examines that question through the lens of three doctrinal areas: the “irreparable harm” prong of the preliminary injunction standard, the requirement that discovery must be proportional to the needs of the case, and the due process rights of class members in actions for injunctive relief. It concludes that in each of those areas, courts and commentators could do more to take economic inequality into account.

An Unusual Suspect? Unreliable Narrators In Fiction And Law, Cathren Page

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This article discusses the common traits of unreliable narrators and provides solutions for those seeking to defeat unreliable narrators in legal battles. Since the unreliable narrator concept first developed and evolved in literary analysis, the article explores and compares unreliable narrators in both fiction and law.

When the audience cannot depend on the accuracy or reliable character of a narrator’s account, literary criticism deems these storytellers “unreliable narrators.” Unreliable narrators exhibit certain “tells,” which disclose to savvy or intuitive audience members that some aspect of the narrators’ tale is dubious. These unreliable narrators can be divided into two broad categories, …

Teaching With Feminist Judgments: A Global Conversation, Pamela A. Wilkins

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The very idea of re-imagining and rewriting judicial opinions from a feminist perspective arises from the sense that the original judicial opinions did not "do justice" in either process or outcome. Nearly a dozen feminist judgments projects around the world have addressed this sense of injustice by demonstrating how a judgment's reasoning or result (or both) would have been different if the decision makers had applied feminist perspectives, theories,and methods. Using the resulting re-imagined feminist judgments in the classroom can help students in a myriad of ways, but especially in developing their own roles in addressing what they perceive to …

An Examination Of The Role Of Spatial Ability In The Process Of Problem Solving In Chemical Engineering, Sheryl Sorby, Gavin Duffy, Norman Loney

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Engineers often communicate with one another through drawings or sketches and understanding technical information through graphical representations is a skill necessary for engineering practice. Well-developed spatial skills are known to be important to understanding technical drawings and are therefore, important to success in engineering. Unfortunately, of all cognitive processes, spatial skills show robust gender differences, favouring males, which could contribute to the underrepresentation of women in engineering. In this research, we administered a test of spatial cognition to students enrolled in a common 3rd year course in chemical engineering . In a second session, students were given a set of …

Saperi: Approaching Gender Gap Using Spatial Ability Training Week In High-School Context, Maria Giulia Ballatore, Gavin Duffy, Sheryl Sorby, Anita Tabacco

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Maria Giulia Ballatore, Gavin Duffy, Sheryl Sorby, and Anita Tabacco. 2020. SAperI: approaching gender gap using Spatial Ability training week in high-school context. In Eighth International Conference on Technological Ecosystems for Enhancing Multiculturality (TEEM’20), October 21–23, 2020, Salamanca, Spain. ACM, New York, NY, USA, 7 pages. https://doi.org/10.1145/3434780.3436577

Daylight: What Makes The Difference?, M. Knoop, O. Stefani, B. Bueno, B. Matusiak, R. Hobday, A. Wirz-Justice, K. Martiny, T. Tandermann, N. Zemmouri, S. Appelt, Brian Norton

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Light is necessary for vision; it enables us to sense and perceive our surroundings and in many direct and indirect ways, via eye and skin, affects our physiological and psychological health. The use of light in built environments has comfort, behavioural, economic and environmental consequences. Daylight has many particular benefits including excellent visual performance, permitting good eyesight, effective entrainment of the circadian systemas well as a number of acute non-image forming effects and the important role of vitamin D production. Some human responses to daylight seem to be well defined whilst others require more research to be adequately understood. This …

An Argument Against Sex Segregation In Post-Primary Schools: Examining Wellbeing Perspectives, David Byrne, Aiden Carthy

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There currently exists a substantial body of research regarding the influ-ence that the educational environment can bear upon the social and emotional wellbeing of male and female students. It has been highlighted that young female students tend to present with lower levels of wellbeing than do male students, and that the behaviour of male students may be implicit in this discrepancy. Some scholars have proposed sex segregation to be an appropriate palliative measure in addressing the lower measures of wellbeing observed among female students. This paper will present a counter-argument to this proposal based on two principal arguments. First, that …

The Flipped Classroom In Esl Teacher Education: An Example From Call, Yuyen Lee, Katherine I. Martin

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The flipped classroom is one of many technology-enhanced teaching strategies. In this approach, students are responsible for initial learning at home (often via instructional videos) and class time is used for problem-solving and activities to deepen understanding. Although research on and use of the flipped classroom in language education is growing, little work has examined its use in teacher education, particularly for language teachers. To address this gap, this study examined the flipped classroom through the eyes of pre-service language teachers to reveal what hinders them from or encourages them to adopt this approach. Data were collected from students in …

In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey Baker, Christine Cerniglia, Davida Finger, Luz Herrera, Jonel Newman

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No abstract provided.

The Bright Triad And Five Propositions: Toward A Vygotskian Framework For Deaf Pedagogy And Research, Michael E. Skyer

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L.S. Vygotsky’s contributions to social research shifted paradigms by constructing now-foundational theories of teaching, learning, language, and their interactions in education. This manuscript contextualizes and elucidates a nearly-forgotten, century-old component of Vygotskian deaf education research. The Fundamentals of Defectology compiles decades of Vygotsky’s experimental, methodological, and theoretical research about deafness, the psychology of disability, and special methods of pedagogy. Drawing on Defectology, two arguments are developed using the method of dialectics; they first synthesize Vygotsky’s deaf research corpus, then juxtapose it against contemporary theories and evidence. The first argument describes three principles that exemplify Vygotsky’s optimistic framework for deaf pedagogy: …

Are Litigation Outcome Disparities Inevitable? Courts, Technology, And The Future Of Impartiality., Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy

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This article explores the ability of technology—specifically, online judicial procedures—to eliminate systematic group-level litigation outcome disparities (i.e., disparities correlated with the visible identity markers of litigants). Our judicial system has long operated under the assumption that it can only be “impartial enough.” After all, judges, like all human beings, harbor implicit biases that are often sizable, unconscious, and triggered automatically, and research indicates that strategies to curb implicit biases in human decision making may be ineffective, especially in the face of the resource and caseload constraints of modern-day adjudication. The recent emergence of online court proceedings, however, offers new hope …

The Personal Responsibility Pandemic: Centering Solidarity In Public Health And Employment Law, Lindsay F. Wiley, Samuel R. Bagenstos

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Our nation’s response to the coronavirus pandemic has revealed fundamental flaws in our legal regimes governing both public health and employment. Public health orders have called on individuals to make sacrifices to protect society as a whole. Simple fairness dictates that the burdens should be shared as widely as the benefits. And the case for burden-sharing does not rest on fairness alone. Public health measures are more likely to succeed when those who are subject to them understand them as fair1 and when their cooperation is supported. 2 Predictably, our pandemic response has placed disproportionate burdens on those who are …

Dynamic Blood-Brain Barrier Regulation In Mild Traumatic Brain Injury, Eoin O'Keeffe, Eoin Kelly, Yuzhe Liu, Chiara Giordano, Eugene Wallace, Mark Hynes, Stephen Tiernan, Aidan Meagher, Chris Greene, Stephanie Hughes, Tom Burke, John Kealy, Niamh Doyle, Alison Hay, Michael Farrell, Gerald A. Grant, Alon Friedman, Ronel Veksler, Michael G. Molloy, James F. Meaney, Niall Pender, David Camarillo, Colin P. Doherty, Matthew Campbell

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Whereas the diagnosis of moderate and severe traumatic brain injury (TBI) is readily visible on current medical imaging paradigms (magnetic resonance imaging [MRI] and computed tomography [CT] scanning), a far greater challenge is associated with the diagnosis and subsequent management of mild TBI (mTBI), especially concussion which, by definition, is characterized by a normal CT. To investigate whether the integrity of the blood-brain barrier (BBB) is altered in a high-risk population for concussions, we studied professional mixed martial arts (MMA) fighters and adolescent rugby players. Additionally, we performed the linear regression between the BBB disruption defined by increased gadolinium contrast …

Ethics Committees For Clinical Experimentation At International Level With A Focus On Italy, Zakira Naureen, Tommaso Beccari, Robert S. Marks, Richard Brown, Lorenzo Lorusso, Derek Pheby, Stanislav Miertus, Karen L. Herbst, Liborio Stuppia, Gary T. Henehan, Benedetto Falsini, Ludovica Lumer, Munis Dundar, Matteo Bertelli, International Bioethical Study Group

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Guiding legislation and associated bureaucracy for the ethical review of clinical trials observational studies and food related research play an important role in the competitiveness of a nation in the face of tough global competition to attract sponsors and investigators. This is of particular relevance in the case of multicentre trials and multidisciplinary research. Accordingly, in this report we tried to gather in-depth knowledge of the current role and practices of ethics committees nationwide in both clinical and research settings. This mini-review aims to describe the formulation and organization of ethical committees in Italy in order to provide a focus …

Editorial: Human-Nature Interactions: Perspectives On Conceptual And Methodological Issues, Tadhg Macintyre, Jürgen Beckmann, Giovanna Calogiuri, Aoife Donnelly, Marc Jones, Christopher R. Madan, Noel Brick, Christopher Gidlow, Mike Rogerson, Mark Nieuwenhuijsen

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Urban agglomerations expose citizens to ever-increasing risks from heat, air pollution, noise stress, and reduced nature connectedness. Concurrently, accumulating evidence suggests various health benefits by exposure to urban natural spaces (World Health Organization, 2016a; Bratman et al., 2019). Existing research suggests an array of benefits of contact with nature which are linked to physical activity (e.g., green exercise), active travel, and residential proximity to greenspace. Psychological benefits appear to be related to mood, well-being, attention and pro-environmental behavior; physiological benefits have been described in terms of increased physical activity, improved cardiovascular parameters, reduced stress hormones, and enhanced immune resources (Bowler …

An Empirical Evaluation Of The Inferential Capacity Of Defeasible Argumentation, Non-Monotonic Fuzzy Reasoning And Expert Systems, Lucas Rizzo, Luca Longo

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Several non-monotonic formalisms exist in the field of Artificial Intelligence for reasoning under uncertainty. Many of these are deductive and knowledge-driven, and also employ procedural and semi-declarative techniques for inferential purposes. Nonetheless, limited work exist for the comparison across distinct techniques and in particular the examination of their inferential capacity. Thus, this paper focuses on a comparison of three knowledge-driven approaches employed for non-monotonic reasoning, namely expert systems, fuzzy reasoning and defeasible argumentation. A knowledge-representation and reasoning problem has been selected: modelling and assessing mental workload. This is an ill-defined construct, and its formalisation can be seen as a reasoning …

Sex-Based Discrimination In Health Care Under Section 1557: The New Final Rule And Supreme Court Developments, Brietta R. Clark, Elizabeth Pendo, Gabriella Garbero

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One of the primary goals of the Patient Protection and Affordable Care Act (PPACA) has been the reduction and elimination of health disparities, generally defined as population-level health differences that adversely affect disadvantaged groups, including disparities associated with sex and gender. Many of PPACA’s general provisions — expanded access to public and private insurance coverage, guarantee issue and pricing reforms, and coverage mandates — were expected to reduce barriers and eliminate discriminatory practices targeting or disproportionately impacting women and transgender individuals. Provisions like the Women’s Health Amendment, which mandated women’s preventive healthcare to be covered without cost sharing, and the …

Adultery, Infidelity, And Consensual Non-Monogamy, Edward D. Stein

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Thirty-eight states have laws in place that relate to adultery. Though criminal laws against adultery are not frequently enforced, the network of criminal laws, tort laws, and domestic relations laws related to adultery disincentivize extra-marital sex, an effect heightened by the stigma and other social attitudes associated with adultery. This Essay argues that the socio-legal state of affairs concerning adultery is bad for marriages (and similar relationships), bad for public health, and is simply bad public policy. This is in part because the law treats infidelity-having sex with someone other than your primary partner without his or her consent or …

When Mini-Publics And Maxi-Publics Coincide: Ireland’S National Debate On Abortion, David M. Farrell, Jane Suiter, Kevin Cunningham, Clodagh Harris

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Ireland’s Citizens’ Assembly (CA) of 2016–18 was tasked with making recommendations on abortion. This paper shows that from the outset its members were in large part in favour of the liberalisation of abortion (though a fair proportion were undecided), that over the course of its deliberations the CA as a whole moved in a more liberal direction on the issue, but that its position was largely reflected in the subsequent referendum vote by the population as a whole.

Theory Of The Nudnik: The Future Of Consumer Activism And What We Can Do To Stop It, Yonathan A. Arbel, Roy Shapira

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How do consumers hold sellers accountable and enforce market norms This Article contributes to our understanding of consumer markets in three ways First The Article identifies the role of a small subset of consumers "” the titular "˜nudniks' "” as engines of market discipline Nudniks are those who call to complain speak with managers post online reviews and file lawsuits Typified by an idiosyncratic utility function and personality traits nudniks pursue action where most consumers remain passive Although derided in courtrooms and the court of public opinion we show that nudniks can solve consumer collective action problems thereby leading to …