Digital Commons Network^™

Reflections On Fees And Fines As Stategraft, Rebekah Diller, Mitali Nagrecha, Alicia Bannon

Articles

In A Theory of Stategraft, Bernadette Atuahene advances the concept of “stategraft” to describe situations in which “state agents transfer property from persons to the state in violation of the state’s own laws or basic human rights.” This Essay delineates the ways in which criminal legal system fees and fines can be characterized as stategraft and explores the value of this concept for social movements. In many ways, the stategraft frame, with its focus on illegality, fits well with much of the litigation and advocacy against unconstitutional fees-and-fines practices that have occurred over the last decade. Exposing illegal practices …

The Commerciality Of Non-Profit Hospitals Requires Them To Be Taxed: Bringing The Debate To A Conclusion, Edward A. Zelinsky

Articles

It is now time to conclude our prolonged debate about the tax-exempt status of nonprofit hospitals. The contemporary nonprofit hospital is a commercial enterprise, materially indistinguishable for tax purposes from its profit-making, taxed competitor. The federal income tax and the states’ income, sales and property taxes should treat all hospitals alike, regardless of whether such hospitals are nonprofit or for-profit enterprises. In the interests of equity and efficiency, these similar institutions should be taxed similarly.

As a political matter, nonprofit hospitals will continue to defend their tax-exempt status. Like any other lucrative, vested interest, nonprofit hospitals will continue to fight …

Management’S Substantive Edges, Alexander A. Reinert

Articles

No abstract provided.

Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham

Articles

It is not easy these days to talk about race in America, especially in a diverse group across racial lines. This is because people tend to feel strongly about these controversial issues, and when they disagree, they end up calling each other bad names, and that upsets their stomachs; then, they cannot enjoy the good food and drink that often accompany such events. So many simply choose not to attend, burying their heads in the sand. This Essay discusses several controversial aspects of the relevance of slavery law to issues of racial inequality today. Racial profiling has been a consistent …

Mandating Repair Scores, Aaron Perzanowski

Articles

Restrictions on the repair of consumer goods have generated no shortage of policy proposals. This Article considers the empirical and legal case for one particular intervention—requiring firms to calculate and disclose their products’ scores on a uniform reparability index. These repair scores would provide consumers with salient information at or before the point of sale, enabling them to compare products on the basis of the ease and cost of repair. There is considerable empirical research, including assessments of France’s implementation of a similar requirement in recent years, suggesting that repair scores would both inform and empower consumers. Despite likely First …

Pvpbc: Privacy- And Verifiability-Preserving E-Voting Based On Permissioned Blockchain, Muntadher Sallal, Ruairí De Fréin, Ali Malik

Articles

Privacy and verifiability are crucial security requirements in e-voting systems and combining them is considered to be a challenge given that they seem to be contradictory. On one hand, privacy means that cast votes cannot be traced to the corresponding voters. On the other hand, linkability of voters and their votes is a requirement of verifiability which has the consequence that a voter is able to check their vote in the election result. These two contradictory features can be addressed by adopting privacy-preserving cryptographic primitives, which at the same time as achieving privacy, achieve verifiability. Many end-to-end schemes that support …

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 …

Guest Column: Paraquat And The Deliberate Production Of Ignorance, Amit Ray, Earl Ray Dorsey

Articles

The article examines how paraquat's manufacturer used "agnotology" - the deliberate production of ignorance for commercial gain - to hide evidence linking the herbicide to Parkinson's disease. Despite decades of toxic effects documented in company studies, the company expanded sales while allegedly suppressing research and discrediting scientists investigating paraquat dangers.

Paraquat, Parkinson's Disease, And Agnotology, Amit Ray, E. Ray Dorsey

Articles

This commentary examines the controversial relationship between paraquat, a widely used herbicide, and Parkinson's disease through the lens of agnotology—the deliberate production of ignorance for commercial gain. Despite numerous animal and epidemiological studies linking paraquat to Parkinson's disease, its use in the United States doubled from 2013 to 2018. The authors reveal how the manufacturer allegedly employed tactics similar to the tobacco industry, including attempts to discredit scientific researchers and suppress unfavorable findings. While over 30 countries have banned paraquat due to health risks, the EPA reauthorized its use in 2021. The paper argues that internal company documents and emerging …

Pilot Study Of The Association Between Microbiome And The Development Of Adverse Posttraumatic Neuropsychiatric Sequelae After Traumatic Stress Exposure, Abigail L. Zeamer, Marie-Claire Salive, Xinming An, Stacey L. House, Francesca L. Beaudoin, Jennifer S. Stevens, Donglin Zeng, Thomas C. Neylan, Gari D. Clifford, Robert A. Swor

Articles

Background Patients exposed to trauma often experience high rates of adverse post-traumatic neuropsychiatric sequelae (APNS). The biologic mechanisms promoting APNS are currently unknown, but the microbiota-gut-brain axis offers an avenue to understanding mechanisms as well as possibilities for intervention. Microbiome composition at the time of trauma exposure has been poorly examined regarding neuropsychiatric outcomes. We aimed to determine whether baseline the gut microbiomes of trauma-exposed emergency department patients who later develop APNS have dysfunctional gut microbiome profiles and discover potential associated mechanisms.

Methods We performed metagenomic analysis on stool samples (n=51) from a subset of adults enrolled in the Advancing …

An Evaluation Of A Computational Technique For Measuring The Embeddedness Of Sustainability In The Curriculum Aligned To Aashe-Stars And The United Nations Sustainable Development Goals, Philippe Lemarchand, Cormac H. Macmahon Dr, Mick Mckeever, Philip Owende

Articles

Introduction: SDG 4.7 mandates university contributions to the United Nations (UN) Sustainable Development Goals (SDGs) through their education provisions. Hence, universities increasingly assess their curricular alignment to the SDGs. A common approach to the assessment is to identify keywords associated with specific SDGs and to analyze for their presence in the curriculum. An inherent challenge is associating the identified keywords as used in the diverse set of curricular contexts to relevant sustainability indicators; hence, the urgent need for more systematic assessment as SDG implementation passes its mid-cycle.

Method: In this study, a more nuanced technique was evaluated with notable capabilities …

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 …

No Sense Of Decency, Kathryn E. Miller

Articles

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce, but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …

From The Editors In Chief, Kathleen Claussen, Sergio Puig, Michael Waibel

Articles

No abstract provided.

Harmonizing Music Theory And Music Law, Peter Nicolas

Articles

Those litigating and adjudicating music copyright disputes find themselves at the intersection of two complex fields: U.S. copyright law and music theory. While the attorneys and judges typically have at least some experience with the former, neither they nor the jurors typically have formal training in or experience with the latter. As a result, legal opinions purporting to incorporate musical concepts sometimes fail to do so accurately, resulting in decisions that are inconsistent with copyright law and policy.

This Article seeks to harmonize U.S. copyright law with relevant principles of music theory. It begins with an accessible primer on basic …

Fables Of Scarcity In Ip, Zahr K. Said

Articles

In this chapter, I use methods drawn from literary analysis to bear on artificial scarcity and explore how literary and legal storytelling engages in scarcity mongering. I find three particular narrative strategies calculated to compel a conclusion in favor of propertization: the spectacle of need, the diversionary tactic, and the rallying cry. First, I unpack the spectacle of need and its diversionary aspects through several literary accounts of scarcity and starvation. I juxtapose Franz Kafka's “A Hunger Artist,” a story explicitly centered on a wasting body, with J.M. Coetzee's The Life and Times of Michael K. Second, to explore how …

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 …

Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith

Articles

The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual abuse and harassment. As these social change efforts evolve, a growing body of scholarship has begun to theorize the role of lawyers within these new social movements and to identify lawyering characteristics that contribute to sustaining social movements over time. This Article surveys this body of literature and proposes a typology …

Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff

Articles

Today, more than 150 years after the end of the Civil War, lawyers and judges continue to rely on antebellum decisions that tacitly or expressly approve of slavery. This reliance often occurs without any acknowledgement of the precedent’s immoral and legally dubious provenance. Modern use of these so-called “slave cases” was the subject of Professor Justin Simard’s 2020 article, Citing Slavery. In response to Professor Simard’s article, the latest edition of The Bluebook includes Rule 10.7.1(d), which requires authors to indicate parenthetically when a decision involves an enslaved person as a party or the property at issue. Unfortunately, Rule 10.7.1(d) …

Microsoft's Cost-Sharing Arrangement: Frankenstein Strikes Again, Stephen L. Curtis, Reuven S. Avi-Yonah

Articles

This paper performs a forensic analysis of Microsoft Corporation’s transfer pricing cost sharing arrangement based on forensic economic analysis of public and information, including Microsoft’s SEC and foreign country regulatory filings, documents disclosed during a recent federal court trial, materials published by Microsoft, and information from former insiders interviewed for this paper, and other sources. The paper finds that Microsoft appears to have violated U.S. transfer pricing laws in 2009 and later years, in ways that caused its transfer pricing cost sharing arrangement with its Irish, Singaporean and Puerto Rican affiliates under U.S. tax laws to be invalid. However IRS …

The Coming Copyright Judge Crisis, Saurabh Vishnubhakat, Dave Fagundes

Articles

Commentary about the Supreme Court's 2021 decision in United States v. Arthrex, Inc. has focused on the nexus between patent and administrative law. But this overlooks the decision's seismic and as-yet unappreciated implication for copyright law: Arthrex renders the Copyright Royalty Board ("CRB") unconstitutional. The CRB has suffered constitutional challenge since its 2004 inception, but these were seemingly resolved in 2011 when the D.C. Circuit held that the CRB's composition did not offend the Appointments Clause as long as Copyright Royalty Judges ("CRJs") were removable atwill. But when the Court invalidated the selection process for administrative patent judges on a …

Asymmetric Review Of Qualified Immunity Appeals, Alexander A. Reinert

Articles

This article presents results from the most comprehensive study to date of the resolution of qualified immunity in the federal courts of appeals and the US Supreme Court. By analyzing more than 4000 appellate decisions issued between 2004 and 2015, this study provides novel insights into how courts of appeals resolve arguments for qualified immunity. Moreover, by conducting an unprecedented analysis of certiorari practice, this study reveals how the US Supreme Court has exercised its discretionary jurisdiction in the area of qualified immunity. The data presented here have significant implications for civil rights enforcement and the uniformity of federal law. …

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 …

Brief Of Tribal Nations And Indian Organizations As Amici Curiae In Support Of The Navajo Nation, Dylan R. Hedden-Nicely

Articles

No abstract provided.

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 …

Engaging Bhakti As/In Translation: An Outline Of A Methodological Approach To Analyse Ranade's Views About The "Saints And Prophets Of Maharashtra", Rinku Lamba

Articles

The analysis in this article suggests that M G Ranade’s reflections in his essay about the ‘Saints and Prophets of Maharashtra’ are significant because they offer a site to unravel shifts from a premodern to a modern conception of moral order on the Indian subcontinent, in the context of the encounter with colonialism. For its role in allowing such unravelling, and for the way it permits attention to hitherto neglected dimensions of Ranade’s comparison between bhakti and the Protestant Reformation, this article argues for the value of investigating Ranade’s reflections through the framework of translation. While doing the above, the …

Cognitive Software Defined Networking And Network Function Virtualization And Applications, Sachin Sharma, Avishek Nag

Articles

The emergence of Software-Defined Networking (SDN) and Network Function Virtualization (NFV) has revolutionized the Internet. Using SDN, network devices can be controlled from a centralized, programmable control plane that is decoupled from their data plane, whereas with NFV, network functions (such as network address translation, firewall, and intrusion detection) can be virtualized instead of being implemented on proprietary hardware. In addition, Artificial Intelligence (AI) and Machine Learning (ML) techniques will be key to automating network operations and enhancing customer service. Many of the challenges behind SDN and NFV are currently being investigated in several projects all over the world using …