Digital Commons Network^™

Our Federalism And Our Democracy: Complements Or Foes?, Aziz Huq

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This Essay reflects on the relationship between “federalism” and “national democracy.” More specifically, it considers the way in which the operation of formal state institutions can change the quality of national bodies necessary to democratic politics. State-level action can reduce the quality of national democracy even if it is motivated by national partisan forces. For example, state-level instruments can influence the possibility that national institutions either do or do not experience capture by minority factions, and are instead capable of roughly tracking the ebb and flow of majoritarian preferences over time. Without state institutions, national actors would lack instruments to …

Legal Origins And Human Rights Law, Adam Chilton, Mila Versteeg

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A widely studied topic in comparative law is the extent to which countries’ legal origins—and especially whether they are a civil or common law system—are associated with the substance of their contemporary laws. We contribute to this line of research by using data from a range of sources to explore whether common law and civil law countries have different substantive legal commitments in an area where the enduring influence of legal origins remains unclear: human rights law. We specifically explore differences between common law and civil law countries along five dimensions. We find that, compared to countries with common law …

Private Enforcement In The States, Austin Peters, Diego Zambrano, Neel Guha, Jeffrey Xia

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Scholarship on U.S. litigation and civil procedure has scarcely studied the role of private enforcement in the states. Over the past two decades, scholars have established that, almost uniquely in the world, the U.S. often relies on private parties rather than administrative agencies to enforce important statutory provisions. Take your pick of any area in American governance, and you will find private rights of action: environmental law, civil rights, employment discrimination, antitrust, consumer protection, business competition, securities fraud, and so on. In each of these areas, Congress has deliberately empowered private plaintiffs instead of, or in addition to, government agencies. …

Nonparty Interests In Contract Law, Omri Ben-Shahar, David Hoffman, Cathy Hwang

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Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and parties embrace this party primacy norm, recognizing only a few exceptions, such as mandatory rules that bar enforcement of agreements that harm others. This Article describes a distinct species of previously unnoticed contract law rules that advance nonparty interests, which it calls “nonparty defaults.”

In doing so, this Article makes three contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts deviate from the party primacy norm with surprising …

Review Of Daniel Farber, Inequality And Regulation: Designing Rules To Address Race, Poverty, And Environmental Justice, David Weisbach

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No abstract provided.

Lessons From Disease And Economic Surveillance During Covid-19, Anup Malani

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This paper describes disease and economic surveillance during COVID, along with the uses of that surveillance, and lessons learned about the pandemic from that surveillance. It ends with policy suggestions on how to gather intelligence during the next pandemic in India and how surveillance informs suppression policy. The important themes that I stress are the value of population-level surveillance, understanding the incentives and disincentives for surveillance and reporting, and tailoring policy to the results of surveillance.

The January 6 Insurrection And The Problem Of Constitutional Guardianship, Aziz Huq

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No abstract provided.

International Constitution-Making As A Technique Of Gender Ordering: Considering The Role Of The Family In Global Economic Relations, Michele Krech

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No abstract provided.

The Word According To Flannery O'Connor, Eamon Maher

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In her relatively short life (1925-1964), one that was greatly curtailed as a result of being diagnosed with lupus (a disease from which her father also died in 1952), Flannery O’Connor managed to leave behind a literary legacy that continues to fascinate scholars and general readers alike. This is all the more surprising when one considers that the work consists of just two novels, Wise Blood (1952) and The Violent Bear It Away (1960), along with 31 short stories.

A Symposium To Mark The Publication, By New York University Press, Of Ian O’Donnell’S Prison Life: Pain, Resistance, And Purpose, Rosemary Gido, Derek S. Jeffreys, Cormac Behan, Kimmett Edgar, Bethany E. Schmidt, Gorazd Mesko, Mary K. Stohr, Ashley T. Rubin

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Recognizing the major scholarly contributions to criminology by the noted Irish criminologist, Ian O’Donnell, The Prison Journal invited seven contemporary corrections and punishment scholars to offer insights into O’Donnell’s new book, Prison Life: Pain, Resistance, and Purpose. Offering contextually rich descriptions of prisoner life, the text features four case study prisons—H Blocks, Northern Ireland; Eastham Unit, Texas; Isir Bet, Ethiopia; and ADX Florence, Colorado, in pivotal time periods and through an individual's custodial career in each institution. The symposium discussants focus on O’Donnell's conceptual framework—the degree of prison integration, system and staff regulation, and legitimacy—and how these reflect the key …

What’S Law Got To Do With It? How The Degree Of Legalization Affects The Durability Of Post-Conflict Autonomy Agreements, Felix Schulte, Gene Carolan

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Research has identified several factors that impact the sustainability of post-conflict territorial autonomy arrangements (TAA), including previous levels of violence, economic development in a given territory, or the strategic importance thereof. We argue that a hitherto neglected variable lies in the legal form of the autonomy agreement – that is, the degree to which it has been ‘legalized’ by the language and processes prescribed in the agreement. Based on a qualitative evaluation, we assess the legalization degree of 236 TAA signed between 1990 and 2019. Survival analyses and Cox regression models show that a higher degree of legalization has a …

The Creditor Duty Post Sequana: Lessons For Legislative Reform, John Quinn, Philip Gavin

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UK common law recognises that directors owe a fiduciary duty to consider creditors' interests when a company is insolvent or in financial difficulty. However, the scope of this duty remains unclear, particularly the degree of financial difficulty necessary for it to arise. In 2022, in BTI v Sequana, the Supreme Court did little to resolve these uncertainties, retaining a context first approach, where the duty's triggering point is based on the facts and the risk borne by creditors in the specific case. In contrast, Ireland codified its creditor duty in 2022, setting out a series of legislatively defined financial situations …

Judging Better Together: Understanding The Psychology Of Group Decision-Making On Panel Courts And Tribunals, Brian M. Barry Dr

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While the psychological phenomena that affect group decisionmaking have been thoroughly investigated for decades, how these phenomena apply to decision-making by judges on panel courts is under-examined. This article examines the main psychological phenomena of group decision-making, both positive and negative, and considers their implications for panel courts and other groups of professional legal decision-makers such as adjudicators serving on tribunals. This article argues that experimental studies on judges and adjudicators testing the effects of these phenomena would improve understanding of legal decision-making by these groups and could help to devise ways to improve their decision-making processes to reach higher …

The Knottiest Of Gordian Knots: Article 17 Of The Copyright Directive, Mark Hyland, Thomas Perry

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This article analyses the much debated Article 17 of the EU Copyright Directive (Directive 2019/790) in the light of last year’s comprehensive European Commission guidance. The aim of the guidance is to support a correct and coherent transposition of Article 17 across the EU27. Following the recent landmark judgment in Case C-401/19, Poland v European Parliament and Council of the EU, some commentators have now suggested that it might be timely for the European Commission to issue further guidance on Article 17.

Household Electricity Consumption: A Study On The Role Of Micro-Renewable Energy Systems In Vietnam, Luong Vinh Quoc Duy, Damien Cassells, Jim Hanly

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Although nearly all households in Vietnam have connected to the national grid, electricity shortage in the residential sector is still an issue. One measure of residential electricity shortage is the micro-renewable energy system (micro-RES), but little is known about the drivers for household adoption of such system and whether the presence of a micro-RES can help to reduce household energy consumption. This paper examines the characteristics of households that have adopted a micro-RES and investigates whether the presence of micro-RES would result in a decrease in energy demand by using fixed-effects models. Analysis was carried out on the 2016 and …

A Novel Unidirectional Smart Charging Management Algorithm For Electric Buses, Nicolae Darii, Roberto Turri, Keith Sunderland, Fabio Bignucolo

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The difficulty of controlling the charging of electric buses (EBs) and their effects on network demand are discussed in this study. The solutions suggest a call for worldwide, complex infrastructures that manage EVs and EBs equally. Additionally, the Distribution Network (DN) must be prepared for an increased prevalence of reverse power flow caused by widespread distributed renewable generation. This paper focuses exclusively on EBs since they have higher capacity and predictable charging patterns, which makes them more significant for the DN in the context of a transition to complete vehicle electrification and technologies that are mature enough to be hosted. …

Intelligent Beam Steering For Wireless Communication Using Programmable Metasurfaces, Nouman Ashraf, Taqwa Saeed, Hamidreza Taghvaee, Sergi Abadal, Vasos Vasos, Christos Liaskos Christos Liaskos, Andreas Pitsillides, Marios Lestas Marios Lestas

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Future generations of wireless communications are envisioned to provide several Gbps data rates per user for billions of users simultaneously [1]. The proliferation of billions of Internet of Things (IoT) devices in various industries has pushed wireless networks to their limits in terms of the required capacity to effectively communicate the vast amounts of data that are generated [2]. Moreover, the increasing number of IoT devices is changing mobile communication services from interpersonal communication to smart interconnection among billions of devices. 6G is expected to fulfill the requirements of a fully connected world and provide ubiquitous wireless connectivity for all …

Investigation Of Dielectric And Mechanical Properties Of Lignocellulosic Rice Husk Fibril For High And Medium Voltage Electrical Insulation Applications, T. Rajamanikandan, S. Banumathi, B. Karthikeyan, R. Palanisamy, Mohit Bajaj, Hossam Zawbaa, Salah Kamel

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The insulating material is made from rice husk and epoxy resin which are ecologically friendly and incredibly durable. When coarse Rice husk is mechanically disintegrated, fibrils are formed. By weaving together fibrillated threads, and robust biodegradables, lightweight dielectric fibers are created. Then the Composites are examined utilizing a blend of agave Rice husk fibers (10–35%) and an epoxy resin solution. The Chemical treatment of the Rice husk fibers increases the composites’ mechanical strength and electrical insulating properties. The tensile strength of Rice husk in epoxy composites is increased from 37.84 MPa to 48.32 MPa. The experimental results are compared using …

Comparing The Meaning Of ‘Thesis’ And ‘Final Year Project’ In Architecture And Engineering Education, Rahman Tafahomi, Shannon Chance

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Architectural education shares much in common with engineering, including the use of a culminating capstone experience in the final year. The form of this experience varies, with the research-based thesis and final-year project being most common. This paper explores the literature on traditions of enquiry and the meaning of research in various fields and the evolution of the ‘thesis’ and ‘final year project’ approaches over time. It then briefly summarises empirical research conducted on a case study institution struggling to bridge gaps in understandings of these distinct forms of learning and teaching. Throughout, the paper presents a comprehensive set of …

Validating The Effects Of Organizational Internal Factors And Technology Orientation On Environmental Sustainability Performance Of Malaysian Construction Firms, Waliu Adeniyi Ajibike, Adekunle Qudus Adeleke, Mohd Nasrun Mohd Nawi, Jibril Adewale Bamgbade, Salman Riazi Mehdi Riazi, Mohd Fauzi Ahmad, Sitahsu Panda

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The essence of emphasizing the importance of environmental sustainability among construction firms is to lessen the effects of construction activities or projects on the environment and make the construction activities more sustainably economically and friendly to the environment. This significant deliberation has stimulated various research interests by construction firms, owing to the damaging effects of construction activities such as various forms of environmental pollution, resource depletion, and biodiversity loss on a global scale. Using the Partial Least Squares- Structural Equation Modeling (PLS-SEM) approach, this study validates the environmental sustainability performance (ESP) as a construct from the perspectives of 186 construction …

Juan Sebastián Ospina León, Struggles For Recognition: Melodrama And Visibility In Latin American Silent Film. Berkeley: University Of California Press, 2021., Mirna Vohnsen

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No abstract provided.

Vying For And Forgoing Visibility: Female Next Gen Leaders In Family Business With Male Successors, Martina Brophy, Maura Mcadam, Eric Clinton

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Purpose – The purpose of this paper is to examine the identity work undertaken by female next generation to navigate (in)visibility in family businesses with male successors. To enhance understanding of gendered identity work in family businesses, the authors offer important insights into how female next generation use (in)visibility to establish legitimacy and exercise power and humility in partnership with male next generation in their family business. Design/methodology/approach – This empirical qualitative paper draws upon in-depth interviews with 14 next generation female leaders. Findings – This study offers a model to show how female next generation establish their legitimacy amongst …

Internationalization As A Strategy To Enhance Higher Education Quality In Vietnam – Reflections From University Leaders, Nguyen Trong Hoai, Luong Vinh Quoc Duy, Damien Cassells

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Internationalization is viewed as an important strategy in the context of a country in transition from central planning to market orientation. Efforts to internationalize universities are being carried out at both national and institutional levels. However, to the best of the authors’ knowledge, there has been no study to investigate how individual institutions approach internationalization and what they gain from that process. This paper aims to investigate the enhancement of teachers’ and students’ knowledge and skills using internationalization in Vietnam universities as a strategy.

Finally, It Seems To Be Working – The Evolving Valuation Effect Of The European Union’S Emissions Trading System, Benjamin Lynch, Martha O'Hagan-Luff

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This research examines the market reaction to the publication of firm-specific environmental news for participating firms in the European Union’s Emissions Trading System (EU ETS) during its third phase. Our sample of 123 publicly listed participating firms, located in 21 European countries, accounted for 45.43% of emissions in the EU ETS in 2020. Using an event study methodology during the period 2014–2021, we find that positive news was rewarded with increased returns for publication events related to the latter years of the phase (2017–2020) while it had an insignificant impact for earlier year (2013–2016). This indicates that the EU ETS …

Automation, Ai, And Future Skills Needs: An Irish Perspective, Raimunda Bukartaite, Daire Hooper

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This study explores insights from key stakeholders into the skills they believe will be necessary for the future of work as we become more reliant on artificial intelligence (AI) and technology. The study also seeks to understand what human resource policies and educational interventions are needed to support and take advantage of these changes.

Exploring Zero-Shot And Joint Training Cross-Lingual Strategies For Aspect-Based Sentiment Analysis Based On Contextualized Multilingual Language Models, Dang Van Thin, Hung Quoc Ngo, Duong Ngoc Hao, Ngan Luu-Thuy-Nguyen

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Aspect-based sentiment analysis (ABSA) has attracted many researchers’ attention in recent years. However, the lack of benchmark datasets for specific languages is a common challenge because of the prohibitive cost of manual annotation. The zero-shot cross-lingual strategy can be applied to solve this gap in research. Moreover, previous works mainly focus on improving the performance of supervised ABSA with pre-trained languages. Therefore, there are few to no systematic comparisons of the benefits of multilingual models in zero-shot and joint training cross-lingual for the ABSA task. In this paper, we focus on the zero-shot and joint training cross-lingual transfer task for …

Walkable Neighborhoods: Linkages Between Place, Health, And Happiness In Younger And Older Adults, Kevin M. Leyden, Michael J. Hogan, Lorraine D'Arcy, Brendan Bunting, Sebastiaan Bierema

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Problem, research strategy, and findings: We examined whether living in a walkable neighborhood influenced the happiness of younger and older city residents. The data for this study came from a comprehensive household population survey of 1,064 adults living in 16 neighborhoods in Dublin City (Ireland) and its suburbs. We used multigroup structural equation modeling to analyze the direct and indirect effects of walkability on happiness, mediated by health, trust, and satisfaction with neighborhood appearance. We found living in a walkable neighborhood was directly linked to the happiness of people aged 36 to 45 (p¼.001) and, to a lesser extent, those …

Environmental Efficiency Assessment Of Dublin Port Using Two-Stage Non-Radial Dea Model, Boban Djordjević, Raja Maitra, Bidisha Ghosh

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Global maritime trade has reached 11 billion tons and accounts for more than 80% of global merchandise trade (United Nations Conference on Trade & Development (UNCTAD), 2019). As a result, there is a wide range of vessels, from very large bulk carriers (coal, ores, grains, etc., and crude oil/refinery carriers) to container ships to various cruise ships and naval vessels. To efficiently accommodate these various vessels, ports have had to evolve from wharves to efficient logistical hubs within the larger supply chain that move vessels deeper into the hinterland. Port development is critical to managing the growing volume of cargo …

Assessment Of The Imerg Early-Run Precipitation Estimates Over South American Country Of Chile, Luciana Das Dores De Jesus Da Silva, Mohammed Mahoud, Lisdelys González-Rodríguez, Safa Mohammed, Lien Rodríguez-López, Mauricio Ivan Aguayo Arias

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Accurate rainfall measurement is a challenge, especially in regions with diverse climates and complex topography. Thus, knowledge of precipitation patterns requires observational networks with a very high spatial and temporal resolution, which is very difficult to construct in remote areas with complex geological features such as desert areas and mountains, particularly in countries with high topographical variability such as Chile. This study evaluated the performance of the near-real-time Integrated Multi-satellite Retrievals for GPM (IMERG) Early product throughout Chile, a country located in South America between 16°S–66°S latitude. The accuracy of the IMERG Early was assessed at different special and temporal …

A Stereotomic Struggle, Jim Roche

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Stone in architecture has “territorial and political implications” as its use and designation impact the human rights of the indigenous population. The craft of stereotomy is not just bequeathed from the Crusaders or more recent imperial colonists but has a diverse blended history that is deeply ingrained in Palestinian built culture. Such theses inform the experimental work of Elial and Yusef Anastas, two brother architects who operate from Bethlehem what they term a counter hegemonic practice with the stated aim of “decolonising architecture”.