Digital Commons Network^™

The Constitutional Guarantee Of Criminal Justice Transparency, Aliza Plener Cover

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This Article identifies and explores a transparency guarantee that permeates the Constitution's criminal procedure provisions. This guarantee protects multiple dimensions of transparency - which I categorize as participatory, informational, and corporal--through overlapping structural safeguards and individual rights, and through protections afforded to both the public and the accused. Despite the strength and pervasiveness of the overarching transparency guarantee, the discrete provisions from which it is derived are often peripheral in today's criminal justice system, which is dominated by plea bargaining and incarceration rather than trials and public-square punishment. And, because the constitutional transparency protections are viewed in clause-bound isolation, modern …

A Cure Of What Ails You: How Universal Healthcare Can Help Fix Our Tort System, David Pimentel

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No abstract provided.

Top Ten Issues In De-Spac Securities Litigation, Wendy Gerwick Couture

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No abstract provided.

Enhancing Work-Integrated Learning Through South-North Collaboration: A Comparative Contextual Analysis, Christine Winberg, Frances Finn, Irene Sheridan, Penelope Engles-Hills, Henri Jacobs, Eleanor Kent

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This study contributes a perspective on work-integrated learning (WIL) through the lens of South-North collaboration. The research question was: How might sharing experiences of WIL in different contexts enhance WIL practice in a local context? The purposive sample of twelve case studies; South Africa (n=6) and Ireland (n=6), represented business, engineering, biopharma and health sciences disciplines. Activity theory was drawn on to analyze data on program content, mechanisms and processes, and outcomes and challenges across the case studies. Key findings include: student support requirements, curricular modalities and assessment practices, levels at which WIL is offered, resourcing for WIL and understandings …

Assessing Affirmative Action's Diversity Rationale, Adam Chilton, Justin Driver, Jonathan Masur, Kyle Rozema

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No abstract provided.

The Application Of Antitrust Law To Labor Markets -Then And Now, Richard A. Epstein

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As of late, there has been a concerted push in the Biden administration, backed by prominent academics, to expand the application of antitrust law against major employers who are said to exercise monopsony power that reduces aggregate demand and thus leaves too many workers on the sidelines. The effort takes place chiefly in two major areas: stricter attacks on covenants not-to-compete, and more intense review of mergers under the Clayton Act.

This paper begins with an historical account of the law in both areas, from which it concludes that there is no good reason to alter the status quo ante. …

The Legal Envelope Theorem, David A. Weisbach, Daniel J. Hemel

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Nontax legal rules regulating the workplace, the financial sector, real property, and many other areas affect the ability of governments to collect revenues and provide public goods. Yet tax-collection considerations rarely enter into economic analyses of nontax legal rules. Usually, tax-collection concerns are shunted aside to separate studies (and separate law school courses) rather than integrated into debates in nontax spheres. This separation between nontax legal rules and tax-collection considerations bears significant negative consequences for the ability of law and economics to generate descriptively accurate and normatively attractive accounts of important nontax legal questions.

This Article takes a step toward …

Regulatory Oscillation, Jonathan S. Masur

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In the wake of the Reagan deregulation, America experienced twenty- eight years of regulatory progression, with precious little retrogression. That trend came to a crashing halt during the four years of Donald Trump's presidency. As a candidate, Trump campaigned on a series of pledges to reverse and undo as much of the work done by Barack Obama as possible. The Trump EPA was particularly active in this effort. In addition to reversing the Clean Power Plan, under Trump the EPA repealed or substantially weakened a number of other important Obama-era regulations, including a substantial increase in fuel economy standards and …

Antitrust And Inequality, Eric A. Posner, Cass R. Sunstein

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In its current form, antitrust law is sometimes said to advance consumer welfare and to disregard economic inequality. In fact, because monopoly and monopsony benefit shareholders at the expense of workers and consumers antitrust law redistributes resources from (generally wealthier) shareholders to (generally less wealthy) workers and consumers. Antitrust enforcement agencies seeking to reduce inequality might adjust their priorities and target markets that are disproportionately important for low-income people. Agriculture and health care would be good places to start; food and medicine compose a larger share of the budget of low-income people than of others, and these goods are essential …

The Epistemology Of The Internet And The Regulation Of Speech In America, Brian Leiter

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The Internet is the epistemological crisis of the 21st century: it has fundamentally altered the social epistemology of societies with relative freedom to access it. Most of what we think we know about the world is due to reliance on epistemic authorities, individuals, or institutions that tell us what we ought to believe about Newtonian mechanics, evolution by natural selection, climate change, resurrection from the dead, or the Holocaust. The most practically fruitful epistemic norm of modernity, empiricism, demands that knowledge be grounded in sensory experience, but almost no one who believes in evolution by natural selection or the reality …

Duplicative Taxation Among The States: A Problem Not Worth Solving?, Julie Roin

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Recent legal and economic changes not to mention the rise in telecommuting caused by COVID have raised the salience of a lon-simmering fact about the operation of state and local income tax systems: some multistate employers and employees pay a combined income tax liability that is higher than the tax they would have borne had they operated in just one jurisdiction. Seemingly beyond the reach of the courts to correct, there have been persistent calls for congressional action to eliminate or reduce this "duplicative" taxation. This Article suggests that the alleged problem may be both less of a problem, and …

Hidden Agendas In Shareholder Voting, Scott Hirst, Adriana Z. Robertson

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Nothing in either corporate or securities law requires companies to notify investors what they will be voting on before the record date for a shareholder meeting. We show that, overwhelmingly, they do not. The result is “hidden agendas”: for 88% of shareholder votes, investors cannot find out what they will be voting on before the record date. This poses an especially serious problem for investors who engage in securities lending: they must decide whether the expected benefit of voting exceeds the expected benefit of continuing to lend their shares (or making them available for lending) without knowing what they will …

Dominant Frequency Component Tracking Of Noisy Time-Varying Signals Using The Linear Predictive Coding Pole Processing Method, Jin Xu, Mark Davis, Ruairí De Fréin

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The linear predictive coding pole processing (LPCPP) method proposed in our previous work overcomes the shortcomings of the LPC method, especially its sensitivity to noise and the filter order. The LPCPP method is a parameterised method that involves processing the LPC poles to produce a series of reduced-order filter transfer functions to estimate the dominant frequency components of a signal. This paper analyses the ability of the LPCPP method to track the frequency changes of noisy, time-varying signals in real-time. Linear chirped frequency modulation signals are used in a series of experiments to simulate signals with different rates of frequency …

Formation Of Gold Nanoparticle Self-Assembling Films In Various Polymer Matrices For Sers Substrates, Ksenia A. Maleeva, Ilia E. Kaliya, Anton P. Tkach, Anton A. Babaev, Michail Baranov, Kevin Berwick, Tatiana S. Perova, Alexander V. Baranov, Kirill V. Bogdanov

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Surface-enhanced Raman spectroscopy (SERS) is regarded as a versatile tool for studying the composition and structure of matter. This work has studied the preparation of a SERS substrate based on a self-assembling plasmonic nanoparticle film (SPF) in a polymer matrix. Several synthesis parameters for the SPF are investigated, including the size of the particles making up the film and the concentration and type of the self-assembling agent. The result of testing systems with different characteristics is discussed using a model substance (pseudo isocyaniniodide). These models can be useful in the study of biology and chemistry. Research results contain the optimal …

Feminist Ethics And Research With Women In Prison, Christina Quinlan, Lucy Baldwin, Natalie Booth

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In this article, a new model, An Ethic of Empathy, is proposed as a guide for researchers, particularly new scholars to the discipline. This model emerged from the authors’ concerns regarding the application of ethics to studies that focus on the experience of female offenders in criminal justice systems. The key issue is the vulnerability of incarcerated and post-release women in relationship to the powerful status of social scientist researchers. The complexity of ethics in such research settings necessitates a particular ethical preparation, involving formation, reflection, understanding, commitment, care, and empathy. Three cases are outlined which document the authors’ ethical …

Pro-Socially Motivated Knowledge Hiding In Innovation Teams, Rachel Hilliard, James English, Maébh Coleman

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No abstract provided.

What We Do In The Shadows: Dual Industrial Policy During The Thatcher Governments, 1979–1990, Richard Woodward, James Silverwood

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Selective industrial policy in the United Kingdom is conventionally believed to have vanished prior to the global financial crisis. This article, in contrast, argues that industrial policy remained an intrinsic, if seldom acknowledged, element of neoliberal statecraft. The basis of this is a subterfuge, conceptualised here as a ‘dual industrial policy’, which we explore via an empirical focus on the Thatcher governments. Throughout this time, actions explicitly endorsed by governments as industrial policy generally corresponded with neoliberalism’s hostility to intervention. These conveniently distracted attention from a second set of policies which, although never codified by government as industrial policy, were …

The Impact Of R&D Innovation Success On The Relationship Between R&D Investment And Financial Leverage, Vincent O’Connell, Naser Abughazaleh, Yasean Tahat, Garvan Whelan

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This paper explores the interrelationship between R&D investment, financial leverage, and a firm’s R&D innovation success. Using a sample of UK and EU firms, we predict that changes in oneyear- ahead R&D investment are negatively associated with changes in financial leverage in the current period. Crucially, we also predict that this negative association is positively moderated by the extent to which firms are successful in generating commercially viable and technically feasible innovations from their R&D work. We use insights from International Accounting Standard (IAS) 38: Intangible Assets to measure R&D innovation success. Our empirical findings offer strong support for each …

Development And Characterisation Of A Whole Hybrid Sol-Gel Optofluidic Platform For Biosensing Applications, Emma Mchugh, Graceson Antony, Arun Kumar Mallik, Alicja Kaworek, Declan Mccormack, Brendan Duffy, Mohamed Oubaha

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This work outlines, for the first time, the fabrication of a whole hybrid sol-gel optofluidic platform by integrating a microfluidic biosensor platform with optical waveguides employing a standard photolithography process. To demonstrate the suitability of this new hybrid sol-gel optofluidic platform, optical and bio-sensing proof-of-concepts are proposed. A photoreactive hybrid sol-gel material composed of a photopolymerisable organically modified silicon alkoxide and a transition metal complex was prepared and used as the fabrication material for the entire optofluidic platform, including the optical waveguides, the sensing areas, and the microfluidic device. The most suitable sol-gel materials chosen for the fabrication of the …

Evaluation Of The Potential Of Nanofluids Containing Different Ag Nanoparticle Size Distributions For Enhanced Solar Energy Conversion In Hybrid Photovoltaic-Thermal (Pvt) Applications, James Walshe, John Doran, George Amarandei

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Hybridising photovoltaic and photothermal technologies into a single system that can simultaneously deliver heat and power represents one of the leading strategies for generating clean energy at more affordable prices. In a hybrid photovoltaic-thermal (PVT) system, the capability to modulate the thermal and electrical power output is significantly influenced by the spectral properties of the heat transfer fluid utilised. In this study, we report on one of the first experimental evaluations of the capability of a multimodal silver nanofluid containing various particle shapes and particle sizes to selectively modulate the solar energy for PVT applications. The diverse set of particle …

Passage Tombs And Wind Turbines—A Contested Relationship?, Frank Prendergast, Muiris O'Sullivan Prof

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Geospatial and archaeoastronomical analysis of the proposed location of large-scale wind turbines showed a significant negative visual impact on two National Monuments (Knockroe and Kilkieran) and on a hilltop passage tomb at Baunfree. These places straddle county boundaries and their constituent monuments are components of a rare and internationally important prehistoric landscape. Tipperary County Council gave considerable weight to the findings described in this paper in making their decision to refuse planning permission.

Quantum Mechanics And Control Using Fractional Calculus: A Study Of The Shutter Problem For Fractional Quantum Fields, Jonathan Blackledge

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The ‘diffraction in space’ and the ‘diffraction in time’ phenomena are considered in regard to a continuously open, and a closed shutter that is opened at an instant in time, respectively. The purpose of this is to provide a background to the principal theme of this article, which is to extend the ‘quantum shutter problem’ for the case when the wave function is determined by the fundamental solution to a partial differential equation with a fractional derivative of space or of time. This involves the development of Green’s function solutions for the space- and time-fractional Schrödinger equation and the time-fractional …

Perceived Social Support And Stress: A Study Of 1st Year Students In Ireland, Lavinia Mclean, David Gaul, Rebecca Penco

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Social support is consistently associated with positive outcomes for students, in terms of wellbeing and academic achievement. For first year students, social support offers a way to deal with stressors associated with the challenge of transitioning to university. The current research was conducted with a range of first year students (n = 315) early in their first semester in university. Both male and female students reported moderate levels of social support and perceived stress, while those with higher levels of social support reported lower levels of stress. Gender differences were apparent in both the levels and sources of social …

The Sec's Fight To Stop District Courts From Declaring Its Hearings Unconstiutional, Linda Jellum

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Can the Securities and Exchange Commission (SEC) unilaterally deny a United States citizen the right to challenge the constitutionality of the agency's administrative hearings in district court? The SEC thinks so, but it makes no sense for these constitutional challenges to be brought in the very proceeding that allegedly, and likely, violates the U.S. Constitution. The appellate courts mostly agreed with the SEC, until recently when the Fifth Circuit held that the district courts should hear these claims. Given this circuit split, this issue will soon reach the Supreme Court, making this Article extremely timely. The Securities Exchange Act of …

Civil Rico Suits Against Harm-Causing Marijuana Operations: Momtazi Family, Llc V. Wagner As A Case Study, Richard Henry Seamon, Kassadie F. Dunham

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Hemp was legalized as a matter of federal law in the 2018 Farm Bill, but the use of cannabis for recreational and medicinal purposes remains a federal crime. This has not stopped an increasing number of states from legalizing recreational and medicinal cannabis as a matter of state law. Unless and until cannabis is legalized on a federal level, coordinated activity to produce and distribute it for recreational and medicinal use can constitute "racketeering activity" under the federal Racketeer Influenced and Corrupt Organizations Act ("RICO') and give rise to "civil RICO" lawsuits by private plaintiffs. This article examines one particular …

Whither The Lofty Goals Of The Environmental Laws?: Can Statutory Directives Restore Purposivism When We Are All Textualists Now?, Stephen M. Johnson

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Congress set ambitious goals to protect public health and the environment when it enacted the federal environmental laws through bipartisan efforts in the 1970s. For many years, the federal courts interpreted the environmental laws to carry out those enacted purposes. Over time, however, courts greatly reduced their focus on the environmental and public health purposes of the environmental laws when interpreting those statutes due to the rise in textualism, the declining influence of the Chevron doctrine, and the increasing willingness of courts to defer to agency underenforcement of statutory responsibilities across all regulatory statutes.

In 2020, the Environmental Protection Network, …

Reasoning V. Rhetoric: The Strange Case Of “Unconstitutional Beyond A Reasonable Doubt”, Hugh D. Spitzer

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An odd formulation has frequented American constitutional discourse for 125 years: a declaration that courts should not overturn a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This concept has been thought of as a presumption, a standard, a doctrine, or a philosophy of coordinate branch respect and judicial restraint. Yet it has been criticized because “beyond a reasonable doubt” is at root an evidentiary standard of proof in criminal cases rather than a workable theory or standard for deciding constitutional law cases. This article discusses the history and use of “unconstitutional beyond a reasonable doubt,” …

Inclusion And Belonging In Irish Higher Education For Black And Minority Ethnic Students., Fionnuala Darby

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Using Critical Race Theory (CRT) as an analytical prism, this study interrogates the sense of belonging and inclusion experienced by Black and Minority Ethnic (BME) students on one higher education campus in Ireland. The most important story told within the study is as simple as it is complicated. The simple part is that the BME students felt that the campus was inclusive and that they experienced a sense of belonging. The complicated part is that the findings are premised in a normative assumption of whiteness as evidenced by numerous and incremental moments of exclusion in the daily experience of microaggressions, …

Civil Procedure As The Regulation Of Externalities: Toward A New Theory Of Civil Litigation, Ronen Avraham, William Hubbard

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No abstract provided.

The Potential Beneficial Effects Of Vaccination On Antigenically Evolving Pathogens, Frank Wen, Anup Malani, Sarah Cobey

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No abstract provided.