Digital Commons Network^™

Harm Egalitarianism, Michael E. Herz

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In the last few years, law schools and law professors have given new attention to how questions of race can be interwoven into courses that are not explicitly about race. Much has been written about how to do so in both first-year and upper-level courses, and, from all reports, the law school classroom has meaningfully changed. My sense, though it is completely impressionistic and unscientific, is that the typical Administrative Law course may have changed less than many others. It seems fair to say, at least, that there has not developed a standard suite of topics that a professor wanting …

The State Of Accessibility In Blackboard: Survey And User Reviews Case Study, Mohamed Wiem Mkaouer, Wajdi Aljedaani, Stephanie Ludi, Mohammed Alkahtani, Marcelo M. Eler, Marouane Kessentini, Ali Ouni

Articles

Context: Nowadays, mobile applications (or apps) have become vital in our daily life, particularly within education. Many institutions increasingly rely on mobile apps to provide access to all their students. However, many education mobile apps remain inaccessible to users with disabilities who need to utilize accessibility features like talkback or screen reader features. Accessibility features have to be considered in mobile apps to foster equity and inclusion in the educational environment allowing to use of such apps without limitations. Gaps in the accessibility to educational systems persist.

Objective: In this paper, we focus on the accessibility of the Blackboard mobile …

Responses To Many Anti-Aging Interventions Are Sexually Dimorphic., Andrzej Bartke, Erin Hascup, Kevin Hascup

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There is increasing appreciation that sex differences are not limited to reproductive organs or traits related to reproduction and that sex is an important biological variable in most characteristics of a living organism. The biological process of aging and aging-related traits are no exception and exhibit numerous, often major, sex differences. This article explores one aspect of these differences, namely sex differences in the responses to anti-aging interventions. Aging can be slowed down and/or postponed by a variety of environmental ("lifestyle"), genetic or pharmacological interventions. Although many, particularly older studies utilized only one sex of experimental animals, there is considerable …

Responses To Many Anti-Aging Interventions Are Sexually Dimorphic., Andrzej Bartke, Erin Hascup, Kevin Hascup

Articles

There is increasing appreciation that sex differences are not limited to reproductive organs or traits related to reproduction and that sex is an important biological variable in most characteristics of a living organism. The biological process of aging and aging-related traits are no exception and exhibit numerous, often major, sex differences. This article explores one aspect of these differences, namely sex differences in the responses to anti-aging interventions. Aging can be slowed down and/or postponed by a variety of environmental ("lifestyle"), genetic or pharmacological interventions. Although many, particularly older studies utilized only one sex of experimental animals, there is considerable …

Novel Block Grid Analysis (Bga) Based Algorithm For Use In Determining Coefficients Of Similarities Between Uv Fluorescent Spectra, Kevin N. Mellon Dr, Noel Carey Mr

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This paper presents a novel computational process used for determining matching coefficients for optical spectra either in real time or from a database. This simple algorithmic method is capable of outputting a set of coefficients relating to comparative matching datapoints and to a weighted similarity ratio between spectra whilst still maintaining high computational efficiency due to the minimization of floating-point calculations. The process works as effectively on signal data during real time processing or on images of spectra which may be stored in a database. A subset of the algorithm has already been used very effectively in an embedded mobile …

Where Registered And Unregistered Securities Are Commingled In A Direct Listing, Does A Purchaser Have Statutory Standing To Assert Securities Act Claims For A Misleading Registration Statement?, Wendy G. Couture

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The Court will consider statutory standing to assert claims under Sections 11 and 12(a)(2) of the Securities Act of 1933 for alleged misrepresentations in a registration statement and the prospectus contained therein. This case raises this issue in a new factual scenario—a direct listing where registered and unregistered securities were offered to the public simultaneously—but the impacts of the Court’s ruling will potentially extend to traditionally underwritten public offerings of securities.

Fatty Acid, Carotenoid And Fat-Soluble Vitamin Composition Of Multispecies Swards Grown In Ireland—Implications For A Sustainable Feed In Dairy Farming, Samuel Rapisarda, Graham O'Neill, Nissreen Abu-Ghannam

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Although traditional ryegrass pastures are still commonly used, they require intense management and input and do not perform well during the summer months. Multispecies systems have been recognised as more sustainable, needing less fertiliser and being tolerant to drought and heat. While data on monoculture system fat composition exist, information for multispecies is scarce. The present study compared the fatty acid (FA), carotenoid and fat-soluble composition of a multispecies system (consisting of perennial ryegrass, timothy, white clover, red clover, chicory and plantain) (MULTI) with two other conventional grazing systems (monoculture perennial ryegrass (PRG) and a binary mixture of perennial ryegrass …

Energy-Specific Greenhouse Gas Emissions Measurements From 2-Stroke Marine Diesel Engine Using Liquefied Natural Gas, Kang-Ki Lee, Wilfried Hochegger, Alessandro Schonborn

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This study reports the energy specific air emissions from a diesel-cycle high pressure injection dual fuel engine for operation on liquefied natural gas and heavy fuel oil. An experiment at sea was performed onboard a bulk carrier during commercial voyages, to measure the efficiency of the engine and to measure air emissions relevant to air pollution and climate impact for operation on both fuels. The measurements showed that the energy conversion efficiency of the engine was higher for operation on liquefied natural gas because its lower NOx emissions permitted the use of a higher effective compression ratio whilst meeting the …

Rethinking Social Enterprise Policy Making In Ireland – Untangling Proportionate, Disproportionate And Unengaged Sectoral Policy Contributions, Gerard Doyle

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The National Social Enterprise Policy of Ireland was launched in 2019 following a slow and episodic process. The aim of the paper is to examine the development and implementation of the National Social Enterprise Policy. In particular the interaction between key sectoral stakeholders in the development of the policy and the primary influences on the process. The results of a substantial qualitative enquiry details the complex set of relationships underpinning the development of social enterprise policy in a multi-level governance framework. It situates the National Social Enterprise Policy in an environment unusually susceptible to sub-sectoral advocacy and highlights the particular …

Submitting The ‘Right’ Reflection, Catherine Murphy, Tom O'Mahony

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While the benefits of reflection for students are well documented, there is a parallel body of research pointing to varying levels of engagement with reflection. Students on a four-year business information systems programme have to complete a reflection as part of their placement assessment. Using a constructivist qualitative methodology, this research explores the students' experience of reflecting with a view to identifying what supports could be useful to guide students in the future. Using semi-structured interviews, the students described a focus on description of activities and overall uncertainty on what to write. There are multiple possible interventions which could support …

A Comprehensive Review Of Covid-19: Associated Endocrine Manifestations, Saif Khan Md, Maryam Karim Mbbs, Vasu Gupta, Heenam Goel Md, Rohit Jain Md

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Coronavirus disease 2019 (COVID-19) has played a significant part in systematic damage, affecting lives and leading to significant mortality. The endocrine system is one of the systems affected by this pandemic outbreak. The relationship between them has been identified in previous and ongoing research. The mechanism through which severe acute respiratory syndrome-coronavirus-2 (SARS-CoV-2) can achieve this is similar to that for organs that express angiotensin-converting enzyme 2 receptors, which is the primary binding site of the virus. Endocrine cells widely express angiotensin-converting enzyme 2 receptors and transmembrane serine protease 2, the primary mediators initiating the acute phase of the disease. …

Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones

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No abstract provided.

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

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No abstract provided.

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

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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 …

Acting In Good Faith, Tanya Dean

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No abstract provided.

Resistance To Mild Cold Stress Is Greater In Both Wild-Type And Long-Lived Ghr-Ko Female Mice., Yimin Fang, David Medina, Robert Stockwell, Samuel Mcfadden, Erin R Hascup, Kevin N Hascup, Andrzej Bartke

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Adapting to stress, including cold environmental temperature (eT), is crucial for the survival of mammals, especially small rodents. Long-lived mutant mice have enhanced stress resistance against oxidative and non-oxidative challenges. However, much less is known about the response of those long-lived mice to cold stress. Growth hormone receptor knockout (GHR-KO) mice are long-lived with reduced growth hormone signaling. We wanted to test whether GHR-KO mice have enhanced resistance to cold stress. To examine the response of GHR-KO mice to cold eT, GHR-KO mice were housed at mild cold eT (16 °C) immediately following weaning. Longevity results showed that female GHR-KO …

The Replication Crisis And Ip Law: A Novel Policy Tool For Open Science, Or Cohen Sasson, Ofer Tur‐Sinai

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In recent years, the scientific community has faced a considerable problem the replication crisis. Replication is the process of verifying scientific findings by repeating a published study. It is considered a cornerstone of the scientific enterprise, contributing to the credibility of research findings. Over the past two decades, however, replication has become increasingly difficult; in fact, in some disciplines the non-replicability rate is over 50%. A major factor accounting for this is diminished access to research materials required for replication (replication materials). This problem is particularly acute in computational studies, where the code, software documentation, datasets, and other information are …

"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada

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This Article, co-authored by a law school clinician and an artist and lawyer, explores collaborations between the artist, a child advocacy clinic, and its clients (children in state foster care) in building a community that empowers clients by giving them voice through both traditional legal advocacy and non-traditional forms of socially engaged artistic expression. The Article aims to address some of the challenges and benefits of clinics creating alliances with artists and community-based arts organizations as part of their teaching and advocacy missions. We describe and provide examples of the practice of law as a creative exercise and argue that …

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

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No abstract provided.

The Afterlife Of Confederate Monuments, Jessica Owley, Jess Phelps

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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 …

Strategic Citations: Beyond The Bluebook, David J.S. Ziff

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Lawyers love thinking about writing. We love it so much that this issue of the Litigation and Trial Practice-Staff Council Committee Newsletter is devoted to writing tips. And for good reason. Words are our business, so we want to ensure that we’re using them as effectively as possible.

Often, however, when lawyers discuss writing, we ignore an important part of what we write. Sprinkled throughout our carefully crafted prose, legal writing includes other, uglier sentences—sentences with their own grammar of sorts, those little clumps of italicized case names, the reporter numbers and abbreviations, often with multiple parentheticals at the end. …

Who Owns Data? Constitutional Division In Cyberspace, Dongsheng Zang

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Privacy emerged as a concern as soon as the internet became commercial. In early 1995, Lawrence Lessig warned that the internet, though giving us extraordinary potential, was “not designed to protect individuals against this extraordinary potential for others to abuse.” The same technology can “destroy the very essence of what now defines individuality.” Lessig urged that “a constitutional balance will have to be drawn between these increasingly important interests in privacy, and the competing interest in collective security.” Lessig envisioned that creating property rights in data would help individuals by giving them control of their data. As utopian as property …

Startup Biases, Jennifer S. Fan

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This Article provides an original descriptive account of bias in the startup context and explains why litigation is eschewed and what happens when it is used as a mechanism to combat bias in the venture capital ecosystem. Further, this Article identifies two particular phenomena in the startup context that exacerbate gender and racial bias. First, homophily—the idea that like attracts like—abounds and has been part of the DNA of venture capital since its inception. The thick networks that developed as venture capital made its way from the East Coast to the West Coast were limited to an elite group that …

Jury-Related Errors In Copyright, Zahr K. Said

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Copyright law is surprisingly hard. Copyright does not do what laypeople think it does, nor do its terms mean what laypeople expect. Copyright also possesses systemic indeterminacy about what it protects and the extent of that protection. For laypeople, copyright law is decidedly “user-unfriendly.” Nonetheless, copyright law reserves for lay jurors its most-litigated, most difficult, and most consequential question at trial: whether works are “substantially similar” and thus infringing.

Many have criticized this allocation because in the context of copyright law, juries effectively have the power to expand or contract owners’ rights with little oversight or correction. But blaming the …

The Ties That Bind Us: An Empirical, Clinical, And Constitutional Argument Against Terminating Parental Rights, Vivek S. Sankaran, Christopher Church

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This Article explores the unnecessary termination of a child's relationship with their parent from an empirical, clinical, and constitutional lens. Part I explores administrative data related to TPR, which like many child protection metrics, resembles nothing short of a wild west of practices and policies relating to how often and how fast child protection systems terminate parental rights. These data also reveal how TPR can unnecessarily delay legal permanency for children, particularly those children who are living with extended family, and how a State pursuing TPR can drain its own scarce resources, a system perpetually decrying insufficient resources. Part II …

Telegraph, Telephone And The Internet: The Making Of The Symbiotic Model Of Surveillance States, Dongsheng Zang

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In the early 2000s, shortly before the September 11 attacks, Daniel J. Solove noted that computer databases in the United States were controlled by public as well as private bureaucracies. In that sense, Solove argued, the "Big Brother" metaphor "fails to capture the most important dimension of the database problem." In his 2008 Lockhart lecture, constitutional law scholar Jack M. Balkin argued that the United States has gradually transformed from a welfare and national security state to a National Surveillance State: "a new form of governance that features the collection, collation, and analysis of information about populations both in the …

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

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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 …

Aesthetics Of Slavery & Slave Trade Crimes, Jocelyn Getgen Kestenbaum

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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 …

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

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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 …

Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud

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This Essay examines the emergence and application of the “ultimate source” test and sheds light on the dual sovereign doctrine’s patently colonial framework, particularly highlighting the paternalistic relationship it has produced between federal and territorial prosecutorial authorities.