Digital Commons Network^™

Beyond Purposivism In Tax Law, Jonathan H. Choi

Articles

No abstract provided.

Will Competition Reduce Attention Costs In Social Media?, Francesco Parisi

Articles

Unlike other monopolies, social media networks almost uniformly give access to their services for free to everybody. Economists refer to these markets as “zero-price markets.” The main, and often sole, source of revenue for the network owners comes from fees that are paid by advertisers. Network owners offer access to users in exchange for users’ attention to advertisements. Economists refer to these implicit market exchanges under the heading of “attention economy.” Regulatory solutions and antitrust remedies have been considered to foster cost reduction in the market economy. This paper investigates the conditions under which an increase in competition in the …

Fifty Years Of Patent Remedies Case Law: Two Steps Forward, One Step Back, Thomas F. Cotter

Articles

Over the past fifty years, courts have developed a body of case law on patent remedies that is, in many respects, solidly grounded in economic reasoning. Among the high points are the courts’ embrace, in various contexts, of the simple principle that patent damages should restore patent owners to the position they would have occupied, but for the infringement—and of an important corollary to that principle, namely the importance to damages calculations of the “noninfringing alternatives” concept. By contrast, certain other developments—including the confusing standards for determining when it is appropriate to use the “entire market value” of a product …

The Many Faces Of Modern Legal Realism, Brian Bix

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This work offers an overview of the consequences and implications of the work of the American Legal Realists. First, the article considers Brian Leiter’s naturalist understanding of the realist project and how he uses it as an occasion to argue for a generally naturalist approach to legal philosophy. Second, Frederick Schauer transforms a legal realist-like focus on the concerns of average citizens for legal enforcement to advocate for the view that coercion is central to understanding law. Third, self-styled New Legal Realists try to merge a realist-inspired search for the effects of legal rules with a more traditional respect for …

Chatgpt Goes To Law School, Jonathan Choi, Kristin E. Hickman, Amy B. Monahan, Daniel Benjamin Schwarcz

Articles

How well can AI models write law school exams without human assistance? To find out, we used the widely publicized AI model ChatGPT to generate answers to the final exams for four classes at the University of Minnesota Law School. We then blindly graded these exams as part of our regular grading processes for each class. Over ninety-five multiple-choice questions and twelve essay questions, ChatGPT performed on average at the level of a C+ student, achieving a low but passing grade in all four courses. After detailing these results, we discuss their implications for legal education and lawyering. We also …

January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Rozenshtein, Jed Handelsman Shugerman

Articles

A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to remove the magnetometers from the entrances to the rally and his …

The Banality Of Evil (?): The Strange(Ly Quiet) Careers Of Korematsu And Hirabayashi In The Federal Circuit Courts, 1943‐2016, Scott Dewey

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Korematsu v. United States (1944) and Hirabayashi v. United States (1943), the most famous Supreme Court cases associated with the tragic internment of Japanese Americans during World War II, now “live in infamy”, along with the likes of Plessy v. Ferguson and Scott v. Sandford, among the worst constitutional law train-wrecks of American legal history. Ironically, American courts and judges also used the two towering internment cases for their resounding language supporting racial equality and non-discrimination. In either guise, the cases came to cast a long shadow over America’s legal landscape. Thus, it may be somewhat surprising to discover that …

"You're Fired": Criminal Use Of Presidential Removal Power, Richard Painter

Articles

If Donald Trump wins the 2024 election, his first order of business would be to use his power as president to halt the criminal investigations against him. In the case of federal indictments, he would likely begin by removing the special counsel, and then proceeding to remove anyone else who had control over the investigations or prosecutions. Such removal would likely constitute the crime of obstruction of justice. May a President do this? This Article addresses a narrow but critically important aspect of presidential authority: the intersection between the President’s power to remove executive branch officers and criminal laws that …

Investing In Private Evidence: The Effect Of Adversarial Discovery, Francesco Parisi, Alice Guerra

Articles

Much of the conventional wisdom of evidence law rests on the premise that the amount of evidence available in any given case is exogenously determined. With the advent of evidence technology (e.g. dashcams, black-box technology, digital data storage, surveillance cameras), the availability of evidence is substantially controlled by individuals. In this article, we show that evidence rules play an important role in determining individuals’ decisions to invest in private evidence. We compare the evidence rules adopted in the USA and Europe and analyze their relative impact on the voluntary adoption of evidence technology. We find that by making private evidence …

Garbage In, Garbage Out: Improved Citators Through Improved Citations, Andrew J. Martineau

Articles

This article shows the continued need for the adoption of a universal, medium- and vendor-neutral citation format by examining how negative case treatment can be discerned algorithmically from Bluebook signals. Although traditional citations to case reporters are treated as machine-readable identifiers by contemporary research databases, the shortcomings of this format result in unnecessary errors and lag time in citators that discern negative treatment information from Bluebook-formatted citations alone. By adopting a universal citation format, as well as a small set of citation "best practices, " we would see significant improvements in these kinds of purely algorithmic citators. The greater the …

Promoting Patent Practitioner Diversity: Expanding Non-Jd Pathways And Removing Barriers, Christopher M. Turoski

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No abstract provided.

From Mandates To Governance: Restructuring The Employment Relationship, Brett Mcdonnell, Matthew Bodie

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No abstract provided.

Determining Realistic U-Values To Substitute Default U-Values In Epc Database To Make More Representative; A Case-Study In Ireland., Kumar Raushan, Ciara Ahern, Brian Norton

Articles

Energy Performance Certificates (EPCs) are the foremost source of information on the energy performance of the EU’s building stock. Inherent in all EPC methodologies are trade-offs between reproducibility, accuracy, assessor expertise and costs. During an assessment, where accurate building data acquisition would be excessively invasive or costly, nationally specified default values are used.

Default values are necessarily pessimistic to; avoid a better-than-merited rating, enable homeowners to know the advantage of energetic refurbishment, encourage homeowners to record upgrades informing EPCs, and propel assessors to seek-out information to provide an accurate rating.

This work reviews default U-value use across Europe and the …

The Influence Of Weekly Sprint Volume And Maximal Velocity Exposures On Eccentric Hamstring Strength In Professional Football Players, Sunnan Shah, Kieran Collins, Lewis J. Macgregor

Articles

No abstract provided.

Preparing Engineering Students For The Challenges Of The Sdgs: What Competences Are Required?, Una Beagon, Klara Kövesi, Brad Tabas, Bente Nørgaard, Riitta Lehtinen, Brian Bowe, Christiane Gillet, Claus Monrad Spliid

Articles

Despite the emerging discussions about the growing role of engineers in achieving the Sustainable Development Goals (SDGs), there is a lack of agreement on which competences should be prioritised to prepare engineering students to resolve future sustainability challenges. This study examined and compared the views of key stakeholders of engineering education (Academics, Employers and Students) using twelve focus groups in Denmark, Finland, France and Ireland. The findings were mapped against competences identified in previous studies to highlight gaps and opportunities for development. The results confirm the strong emphasis on normative, strategic and systems thinking competences in engineering. However, the outcomes …

Biting The Bullet: A Bipartisan Solution To Increase Debtors' Access To Chapter 7 Relief While Exempting Firearms In A Bankruptcy Case, Ishaq Kundawala

Articles

Imagine an individual who is too broke to file for bankruptcy relief.' This irony is far too often a reality in America, especially for people living in underserved communities. Debtors are simply unable to skimp and save up even a thousand dollars to pay their bankruptcy attorney. Paying their bankruptcy attorney upfront in full is the only ticket to seeking Chapter 7 bankruptcy relief. For a variety of reasons, Chapter 7 bankruptcy relief is the most advantageous type for a majority of poor and middle-class individuals and families.4 It provides these individuals and families with an expedient, fresh financial start …

Exploring Accessibility Features And Plug-Ins For Digital Prototyping Tools, Urvashi Kokate, Kristen Shinohara, Garreth W. Tigwell

Articles

Many digital systems are found to be inaccessible and a large part of the issue is that accessibility is not considered early enough in the design process. Digital prototyping tools are a powerful resource for designers to quickly explore both low and high fidelity design mockups during initial stages of product design and development. We evaluated 10 popular prototyping tools to understand their built-in and third-party accessibility features. We found that accessible design support is largely from third-party plug-ins rather than prototyping tools' built-in features, and the availability of accessibility support varies from tool to tool. There is potential to …

Passion Projects In Law Librarianship: A Belated Tribute To Igor Kavass And His Personal Mission To Acquire And Organize U.S. International Agreements, Loren Turner

Articles

In December 2020, Oona Hathaway, Curtis Bradley, and Jack Goldsmith, law professors at Yale, Chicago, and Harvard, respectively, published their article, The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis, in the Harvard Law Review. The article reveals that the U.S. executive branch consistently fails to comply with federal requirements to report and publish the international agreements it makes with foreign countries. As a result, Congress and the American public regularly lack access to legal information to which they are entitled under federal law. Additionally, Hathaway, Bradley, and Goldsmith identify a particular time when our already-inadequate access …

Credit Scoring Duality, Pamela Foohey, Sara Sternberg Greene

Articles

Credit scoring is central to people’s financial growth and prosperity or financial decline and stagnation. People with a good credit score and accompanying credit report can buy opportunities to advance economically. The benefits they reap from their attractiveness to lenders and employers helps feed their future success. In contrast, people with a fair or poor credit score become stuck in cycle of high interest rates and costly loan terms, large required down payments, and denied applications for rentals, cell phone plans, and employment. Employers, service providers, lenders, and alternative financial service providers have begun to use alternative credit scoring models, …

Revolt Against The U.S. Hegemony: Judicial Divergence In Cyberspace, Dongsheng Zang

Articles

This Article contributes to our understanding of the current state of cyber law. The global perspective demonstrates an almost uniform response to the U.S. law in cyberspace from all of America's major trading partners. In the past, comparative studies tended to focus on a single jurisdiction-typically, the European Union-and compared it with the United States. This approach, informative as it was, significantly understated the gravity of the differences between that jurisdiction and the United States. Fundamentally, it was based on an American-centric outlook with primary interests in building convergence models. In cyberspace, however, this is simply not helpful. In recent …

Keeping Guns In The Hands Of Abusive Partners: Prosecutorial And Judicial Subversion Of Federal Firearms Laws, Bonnie Carlson

Articles

State actors are imbued with the power of the government to enforce and apply the law. When they use that power to instead inhibit a law’s enforcement, they are engaging in subversion. Subversion is problematic on its face: it frustrates legislative intent, creates confusion, and destabilizes the separation of powers foundational to our democracy. But subversion is particularly insidious when it is done to the detriment of vulnerable individuals. That is the case when state prosecutors and judges purposefully undermine federal law intended to keep firearms out of the hands of abusive partners. Guns and domestic violence can be a …

Bostock: An Inevitable Guarantee Of Heightened Scrutiny For Sexual Orientation And Transgender Classifications, Kaleb Byars

Articles

n June 2020, the Supreme Court decided Bostock v. Clayton County. In Bostock, the Court held that discrimination on the basis of sexual orientation and transgender status per se constitutes discrimination "because of sex" for purposes of Title VIL But Bostock inspires the question of whether its holding and reasoning apply in other contexts, including the Equal Protection Clause context. While the Supreme Court has held intermediate scrutiny applies to sex classifications analyzed under the Equal Protection Clause, the Court has yet to elucidate the level of scrutiny that applies to LGBTQ classifications. Meanwhile, state and federal courts …

Humanizing Transactional Documents: Why And How Transactional Drafters Should Use Narrative Techniques, Karen J. Sneddon

Articles

The core of many transactional documents will be the acquisition, creation, or exchange of property or services. Yet, transactional documents are not only descriptive legal devices that dictate the exchange of widgets for cash. They are multifaceted documents that have the ability to do more than memorialize a transaction and create the private laws between the parties. As narrative texts, transactional documents tell the stories of the parties' relationship, whether it be an employment agreement, trust document, or purchase and sale agreement. Transactional documents present necessary and relevant information as a series of linked events where the transacting parties become …

Assessing Sex-Specific Circadian, Metabolic, And Cognitive Phenotypes In The Aβpp/Ps1 And Appnl-F/Nl-F Models Of Alzheimer's Disease., Jesse Britz, Emmanuel Ojo, Asmita Dhukhwa, Takashi Saito, Takaomi C Saido, Erin R Hascup, Kevin N Hascup, Shelley A Tischkau

Articles

BACKGROUND: Circadian disruption has long been recognized as a symptom of Alzheimer's disease (AD); however, emerging data suggests that circadian dysfunction occurs early on in disease development, potentially preceding any noticeable cognitive deficits.

OBJECTIVE: This study compares the onset of AD in male and female wild type (C57BL6/J), transgenic (AβPP/PS1), and knock-in (APPNL-F/NL-F) AD mouse models from the period of plaque initiation (6 months) through 12 months.

METHODS: Rhythmic daily activity patterns, glucose sensitivity, cognitive function (Morris water maze, MWM), and AD pathology (plaques formation) were assessed. A comparison was made across sexes.

RESULTS: Sex-dependent hyperactivity in AβPP/PS1 mice was …

Trade Transparency: A Call For Surfacing Unseen Deals, Kathleen Claussen

Articles

For many years, the executive branch has concluded foreign commercial agreements with trading partners pursuant to delegated authority from Congress. The deals govern the contours of a wide range of U.S. inbound and outbound trade: from food safety rules for imported products to procedures and specifications of exported goods, to name two. The problem is that often no one-apart from the executive branch negotiators- knows what these deals contain. A lack of transparency rules has inhibited the publication of and reporting to Congress of these unseen deals. Dozens if not hundreds of foreign commercial deals are unseen in two ways: …

Assessing Sex-Specific Circadian, Metabolic, And Cognitive Phenotypes In The Aβpp/Ps1 And Appnl-F/Nl-F Models Of Alzheimer's Disease., Jesse Britz, Emmanuel Ojo, Asmita Dhukhwa, Takashi Saito, Takaomi C Saido, Erin R Hascup, Kevin N Hascup, Shelley A Tischkau

Articles

BACKGROUND: Circadian disruption has long been recognized as a symptom of Alzheimer's disease (AD); however, emerging data suggests that circadian dysfunction occurs early on in disease development, potentially preceding any noticeable cognitive deficits.

OBJECTIVE: This study compares the onset of AD in male and female wild type (C57BL6/J), transgenic (AβPP/PS1), and knock-in (APPNL-F/NL-F) AD mouse models from the period of plaque initiation (6 months) through 12 months.

METHODS: Rhythmic daily activity patterns, glucose sensitivity, cognitive function (Morris water maze, MWM), and AD pathology (plaques formation) were assessed. A comparison was made across sexes.

RESULTS: Sex-dependent hyperactivity in AβPP/PS1 mice was …

Epistolary Mcgahern, Eamon Maher

Articles

No abstract provided.

Match-Play Running Demands And Technical Performance Among Elite Gaelic Footballers: Does Divisional Status Count?, Jason Mcgahan, Shane Mangan, Kieran Collins, Con Byrnes

Articles

Match-play running demands and technical performance among elite Gaelic footballers: Does divisional status count? J Strength Cond Res 35(1): 169–175, 2021—The aim of the current study was to compare positional differences in running demands and technical performance variables among elite Gaelic football teams from separate divisions. Data were obtained from a division 1 (26.7 ± 2.9 years, 179.2 ± 21.3 cm, 89.9 ± 21.2 kg) and a division 3 (25.7 ± 3.5 years, 183.0 ± 4.7 cm, 84.4 ± 6.5 kg) team. Match-play running variables were collected using 4-Hz global positioning system (GPS) units (VX Sport; Visuallex Sport, Lower Hutt, …

Gender Differences In Physical Activity Status And Knowledge Of Irish University Staff And Students, Claire Mccarthy, Joe Warne

Articles

Objectives

The aim of this study is to examine gender differences in physical activity status and knowledge of physical activity guidelines in University staff and students.

Methods

820 survey respondents, 419 males and 401 females (Age: mean 30 ± 12, median 24 years; Weight: mean 73.4 ± 15.8 kg; Stature: mean 172.1 ± 10.2 cm) were recruited via internal email. All participants completed a self-administered online format of the Global Physical activity Questionnaire.

Results

Less females were regularly active than males in students (p ≤ 0.001; Cramer’s V = 0.232 [small]), and staff (p = 0.003; Cramer’s V …

Agility Demands Of Gaelic Football Match-Play: A Time-Motion Analysis, Paul F. Talty, Kevin Mcguigan, Mark Quinn, Paul A. Jones

Articles

Research into the physical demands of Gaelic football is limited with no research into the agility or change of direction (CoD) demands of the sport. This study examined the CoD demands of Gaelic football via a time-motion analysis of senior inter-county match play. The Bloomfield movement classification (BMC) was adapted for application to Gaelic football. A new “descriptor” was used in an effort to account for the decision-making component of agility by isolating actions that occurred during active engagement with play. Of 1,899 changes of direction (CoDs) identified, 1,035 occurred during active engagement in play. The left/right split for CoDs …