Digital Commons Network^™

Liberal Internationalism And The Populist Backlash, Eric A. Posner

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No abstract provided.

When It Comes To Business, The Right And Left Sides Of The Court Agree, Lee Epstein, William M. Landes, Richard A. Posner

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No abstract provided.

Examining The Role Of Store Design On Consumers’ Cross-Sectional Perceptions Of Retail Brand Loyalty, John Murray Dr., Jonathan Elms, Christoph Teller

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This paper compares new and established store design prototypes of the same retailer to examine the role of consumers’ cross-sectional perceptions of retail brand loyalty. In-store surveys were administered to capture consumers’ store-level perceptions towards a new store prototype and an older established prototype of the same fast fashion retailer. The data was subjected to multi-group analyzes with structural equations modeling. The findings suggest that store novelty and complexity promote both store design pleasure and retail brand loyalty outcomes. The different store designs do not, however, account for differences in brand loyalty perceptions at the overall retailer level when multi-group …

Internal Brand Identification As Metamorphic Glue In The Internal Branding Process Within A Retailer Network, Edmund O'Callaghan, John Murray

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The growth of collaborative independent retail networks (CIRN’s) has been a significant response by independents to the growing power of retailer multiples. These networks vary in nature and structure, but share a common objective of improved competitiveness through more effective buying, pooled marketing and/or national brand recognition. At a minimum, these networks have enabled independent retailers to achieve a relative degree of competitive parity with multiples, through participation in strategic brand building. Consequently, there is a need for a greater understanding of key issues relating to building independent store brands through collaborative networks. This research aims to better understand the …

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

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In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …

The Role Of Law In Adaptive Governance, Barbara Cosens

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The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence …

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum

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Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC's enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC's enforcement division prevailed …

Democratic Surveillance, Mary Anne Franks

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No abstract provided.

Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin

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When you hear the word "terrorist" who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that "terrorists are always (brown) Muslims." The second is that "white people are never terrorists.

Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …

Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case

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No abstract provided.

The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler

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No abstract provided.

Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld

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No abstract provided.

The Impact Of Individualized Feedback On Law Student Performance, Daniel Schwarcz, Dion Farganis

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No abstract provided.

Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett Mcdonnell

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No abstract provided.

Jane The Virgin And Other Stories Of Unintentional Parenthood, June Carbone, Naomi Cahn

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No abstract provided.

Privacy, Vulnerability, And Affordance, Ryan Calo

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This essay begins to unpack the complex, sometimes contradictory relationship between privacy and vulnerability. I begin by exploring how the law conceives of vulnerability — essentially, as a binary status meriting special consideration where present. Recent literature recognizes vulnerability not as a status but as a state — a dynamic and manipulable condition that everyone experiences to different degrees and at different times. I then discuss various ways in which vulnerability and privacy intersect. I introduce an analytic distinction between vulnerability rendering, i.e., making a person more vulnerable, and the exploitation of vulnerability whether manufactured or native. I also describe …

Astroturf Activism, Melissa J. Durkee

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Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law.

This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

A Transactional Theory Of The Reader In Copyright Law, Zahr K. Said

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Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” artistic works to determine whether these works have been infringed. Despite the central role that this reading—or viewing, or listening—plays in copyright disputes, copyright law lacks a robust theory of reading, and of the proper role for the “reader.” Reading matters in copyright cases, first, because many courts rely on the “ordinary observer” standard to determine infringement, which requires figuring out or assuming how an ordinary observer would read the works at issue. Second, most courts characterize a key part of infringement analysis as a …

Eye Movements Of Deaf And Hard Of Hearing Viewers Of Automatic Captions, Kevin Rathbun, Larwan Berke, Christopher Caulfield, Michael Stinson, Matt Huenerfauth

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To compare methods of displaying speech-recognition confidence of automatic captions, we analyzed eye-tracking and response data from deaf or hard of hearing participants viewing videos.

Coverage Information In Insurance Law, Daniel Schwarcz

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The central goal of insurance law is to clarify, produce, and disseminate information about the scope of insurers’ coverage obligations to policyholders. This Article examines how insurance law and regulation seek to achieve these objectives, and to what ends. To do so, it distinguishes among three different types of coverage information: (i) purchaser information, or coverage information that is communicated to policyholders at any time during the purchasing process; (ii) policy information, or coverage information that is contained within the four corners of the insurance policy; and (iii) judicial information, or coverage information that is ascertainable only after researching judicial …

Tales From A Form Book: Stock Stories And Transactional Documents, Karen J. Sneddon

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Legal transactions are stories. They are the stories of marriages, business partnerships, acquisitions, births, and deaths. These stories are built around the hopes, fears, wishes, and concerns of the particular parties to the transaction. But at their core, these stories are not just about the individual circumstances of those parties. At the core of each of these individual stories is a stock story. Virtually every transactional document starts with a form. And stock stories are embedded within each form document. The forms feature ing´enues, tricksters, misers, and sages who undertake journeys, confront mutinies, and at times achieve glory.

This article …

Analysing Supply Chain Resilience: Integrating The Constructs In A Concept Mapping Framework Via A Systematic Literature Review, Abubakar Ali, Amr Mahfouz, Amr Arisha

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Purpose: The purpose of this paper is to analyse the concept of supply chain resilience (SCRES) using a concept mapping framework to seek conceptual clarity, with an emphasis on SCRES definitions, essential capabilities, elements and managerial practices.

Design/methodology/approach: A systematic literature review was conducted of 103 peer-reviewed journal articles covering the period from 2000 to 2015, with the aim to identify supply chain resilience concept.

Findings: Through analysis and synthesis of the literature, the study revealed three major constructs used to define resilience in supply chain: SCRES phases, strategies, and capabilities. The study has addressed five core …

Reneb - Running The European Network Of Biological Dosimetry And Physical Retrospective Dosimetry, Ulrike Kulka, Michael Abend, Liz Ainsbury, Christophe Badie, Joan-Francesc Barquinero, Leonardo Barrios, Christina Beinke, Emanuela Bortolin, Alexandra Cucu, Fiona Lyng

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Purpose: A European network was initiated in 2012 by 23 partners from 16 European countries with the aim to significantly increase individualized dose reconstruction in case of large-scale radiological emergency scenarios.

Bayesian Exponential Random Graph Modelling Of Interhospital Patient Referral Networks, Alberto Caimo, Francesca Pallotti, Alessandro Lomi

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Using original data that we have collected on referral relations between 110 hospitals serving a large regional community, we show how recently derived Bayesian exponential random graph models may be adopted to illuminate core empirical issues in research on relational coordination among healthcare organisations. We show how a rigorous Bayesian computation approach supports a fully probabilistic analytical framework that alleviates well-known problems in the estimation of model parameters of exponential random graph models. We also show how the main structural features of interhospital patient referral networks that prior studies have described can be reproduced with accuracy by specifying the system …

The Impact Of L1 Writing System On Esl Knowledge Of Vowel And Consonant Spellings, Katherine I. Martin

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Orthographic knowledge, the general ability to learn, store, and use information about the orthographic form of words (Stanovich & West, 1989), is a crucial skill for supporting literacy. Although the development of first language (L1) orthographic awareness is impacted by the characteristics of a learner’s L1 writing system, relatively little is known about what impact the L1 may have on second language (L2) orthographic awareness. In this study, English language learners from three L1s (French, Hebrew, Mandarin Chinese), plus L1 English speakers, were tested on their English spelling knowledge using a word-pseudohomophone discrimination task. In addition to allowing for the …

Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick

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No abstract provided.

Addressing Cultural Bias In The Legal Profession, Debra Chopp

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Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Leonard M. Niehoff

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I would like to use as the launching pad for my remarks today the 1989 federal district court decision in Doe v. University of Michigan. Doe is the seminal case on campus speech codes and it just recently passed its twenty-fifth anniversary. I thought this symposium would be a good occasion to look back, see where we were, assess where we are, and ask whether we have made any progress. Spoiler alert: the news is not good.

Design-Based Research Mobile Gaming For Learning Jewish History, Tikkun Olam, And Civics, Owen Gottlieb

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How can Design-Based Research (DBR) be used in the study of video games, religious literacy, and learning? DBR uses a variety of pragmatically selected mixed methods approaches to design learning interventions. Researchers, working with educators and learners, design and co-design learning artifacts and environments. They analyze those artifacts and environments as they are used by educators and learners, and then iterate based on mixed methods data analysis. DBR is suited for any "rich contextualized setting in which people have agency." (Hoadley 2013) such as formal or informal learning environments.

The case covered in this chapter is a mobile Augmented Reality …

Career Development And Personal Success Profile Of Students - Followers And Students - Potential Future Leaders: The Case Of Rit Croatia, Jasminka Samardzija, Joseph Kevin Walker, Vanda Bazdan

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This study examines the differences among students in terms of self-reported leadership characteristics. It was conducted among all three programs and four generations of undergraduates at RIT Croatia. The goal of this study is to determine the differences among students who report being more and less leadership prone (Potential Future Leaders and Followers, respectively) with regard to demographic characteristics, reported self reliance socialization pattern, college level and program choice, career focus attainment and development, and reported attitudes regarding the importance of specific personality traits in leadership, the importance of specific career development factors and success indicators. Research showed that generation …