Digital Commons Network^™

Feedback Loops: Surviving The Feedback Desert, Patrick Barry

Articles

I ask my law students the following set of parallel questions on the very first day of “Feedback Loops,” a course I have been teaching for the past couple of years: What did you get better at last year? How do you know? What should you get better at this year? How do you know?

Race Belongs In Week One Of Lrw, Beth H. Wilensky

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I talk to my 1Ls about race and the law in their first week of law school. In doing so, I have discovered that discussing race helps me introduce foundational concepts about legal writing and law school that we will return to throughout the year. That is partly because race is relevant to nearly every topic law school touches on. But it is also because race is present in—and often conspicuous in its absence from—court opinions in ways that provide rich fodder for discussing how to approach law school. That topic interests all students—even those who might be skeptical about …

A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care And Nearly Went Unnoticed., Melissa Carter, Christopher Church, Vivek Sankaran

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This Article argues that juvenile court judges can safely reduce the number of children entering foster care by faithfully and rigorously applying the law. Judges often fail to perform this core functon when a state child welfare agency separates a child from their family. Judges must perform their role as impartial gatekeeper despite the temptation to be "omnipotent moral busybodies".

The Parallel March Of The Ginis: How Does Taxation Relate To Inequality, And What Can Be Done About It?, Reuven S. Avi-Yonah

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The United States currently has one of the highest levels of inequality among industrialized economies. In addition, numerous scholars have shown that social mobility in the United States is significantly lower than it was in the period between 1945 and 1970, when inequality was declining. The combination of these trends is dangerous because it risks transforming the United States into a society where small elites capture most of the gains, a pattern in which growth cannot be sustained over time. The level of inequality in the United States after taxes and transfers are taken into account is much lower, but …

A Congressional Review Act For The Major Questions Doctrine, Christopher J. Walker

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Last Term, the Supreme Court recognized a new major questions doctrine, which requires Congress to provide clear statutory authorization for an agency to regulate on a question of great economic or political significance. This new substantive canon of statutory interpretation will be invoked in court challenges to federal agency actions across the country, and it will no doubt spark considerable scholarly attention. This Essay does not wade into those doctrinal or theoretical debates. Instead, it suggests one way Congress could respond: by enacting a Congressional Review Act for the major questions doctrine. In other words, Congress could establish a fast-track …

Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah Litman, Katherine Shaw

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This piece offers an extended critique of one aspect of the so-called “independent state legislature” theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I’s Elections Clause, which provides that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof,” and Article II’s Presidential Electors Clause, which provides that “[e]ach State shall appoint, in such Manner as the Legislature …

Preemption, Commandeering, And The Indian Child Welfare Act, Matthew L.M. Fletcher, Randall F. Khalil

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This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in the Tenth Amendment and the equal protection component of the Fifth Amendment’s Due Process Clause.

We argue that the anti-commandeering challenges against ICWA are unfounded because all provisions of ICWA provide a set of legal standards to be applied in states which validly and expressly preempt state …

Ending The Discriminatory Pretrial Incarceration Of People With Disabilities: Liability Under The Americans With Disabilities Act And The Rehabilitation Act, Margo Schlanger, Elizabeth Jordan, Roxana Moussavian

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Our federal, state, and local governments lock up hundreds of thousands of people at a time—millions over the course of a year—to ensure their appearance at a pending criminal or immigration proceeding. This type of pretrial incarceration—a term we use to cover both pretrial criminal detention and immigration detention prior to finalization of a removal order—can be very harmful. It disrupts the work and family lives of those detained, harms their health, interferes with their defense, and imposes pressure on them to forego their trial rights and accede to the government’s charges in an effort to abbreviate time behind bars. …

The Orkney Slew And Central Bank Digital Currencies, Jeffery Y. Zhang, Gary B. Gordon

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This Article on central bank digital currencies is motivated by a parable, The Orkney Slew, which is set in an archipelago. Based on the parable, we point out a significant economic market failure that exists in the cross-border payments realm. The analysis then focuses on real-world examples and the national security concerns, including for Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) and the continued efficacy of U.S. sanctions, associated with the rapidly evolving digital payments landscape.

Many central banks around the world are now cooperatively experimenting with cross-border interoperability of digital currencies. These efforts are driven by the idea of …

Anticipatory Edits, Patrick Barry

Articles

Good writing, I often tell my students, is “anticipating the edits of your boss.” I then clarify that the definition of “boss” in that statement is intentionally expansive. A supervisor at work can count. A teacher in school can count. So can a valued customer or client. he key is to start thinking about two things: 1) the actual people who are going to review your writing; and 2) the likely changes they’ll make to it. By implementing those changes yourself— before the document ever hits your boss’s desk or inbox—you can save them a lot of time and cognitive …

Limiting Access To Remedies: Select Criminal Law And Procedure Cases From The Supreme Court's 2021-22 Term, Eve Brensike Primus, Justin Hill

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Although the most memorable cases from the Supreme Court’s 2021-22 Term were on the civil side of its docket, the Court addressed significant cases on the criminal side involving the Confrontation Clause, capital punishment, double jeopardy, criminal jurisdiction in Indian Country, and important statutory interpretation principles, such as the mens rea presumption and the scope of the rule of lenity. Looking back, the Court’s decisions limiting individuals’ access to remedies for violations of their constitutional criminal procedure rights stand out. Shinn v. Ramirez and Shoop v. Twyford drastically limit the ability of persons incarcerated in state facilities to challenge the …

Exclusion Cycles: Reinforcing Disparities In Medicine, Ana Bracic, Shawneequa L. Callier, Nicholson Price

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Minoritized populations face exclusion across contexts from politics to welfare to medicine. In medicine, exclusion manifests in substantial disparities in practice and in outcome. While these disparities arise from many sources, the interaction between institutions, dominant-group behaviors, and minoritized responses shape the overall pattern and are key to improving it. We apply the theory of exclusion cycles to medical practice, the collection of medical big data, and the development of artificial intelligence in medicine. These cycles are both self-reinforcing and other-reinforcing, leading to dismayingly persistent exclusion. The interactions between such cycles offer lessons and prescriptions for effective policy.

A New Framework For Digital Taxation, Reuven S. Avi-Yonah, Young Ran (Christine) Kim, Karen Sam

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The international tax regime has wide implications for business, trade, and the international political economy. Under current law, multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence there. Digital companies, like Google and Amazon, can operate entirely online, thereby avoiding market country taxes. Multinationals can also exploit existing tax rules by shifting their profits to low-tax jurisdictions, thereby avoiding taxes in the residence country where their headquarters are located.

Recently, a global tax deal was reached to tackle these …

Feedback Loops: Keep/Cut, Patrick Barry

Articles

In the first of installment of this new column on feedback in the September Illinois Bar Journal, we began to address the pernicious problem of vague feedback—that unhelpful, empty-calories form of (non) guidance that deprives people of learning what they’re currently doing well and what they need to ix. Without concrete, explicit guidance, it can be really tough to grow and improve.

The Stoic Litigator, Leonard M. Niehoff

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A variety of events over the past several years have renewed my conversations with some reliable old friends. And I mean very old. I refer here to the Stoic philosophers, most of whom did their thinking and writing around the turn of the Common Era.

The Stoics took their name from the central square of Athens, the Stoa Poikile, where Zeno is generally credited with founding the school in the early part of the third century BCE. Various philosophers over the next five centuries identified themselves as Stoics, so the label takes in lots of personalities and lots of territory. …

The Everyday First Amendment, Leonard M. Niehoff, Thomas Sullivan

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On June 26 and June 27, 2019, some twenty contenders for the Democratic nomination for President of the United States participated in two evenings of political debate. The outsized group included Rep. Tulsi Gabbard of Hawaii, who was struggling to gain traction with voters. Shortly after the debate, while many viewers were conducting online searches to learn more about the candidates, Google temporarily suspended her campaign’s advertising account.

Google claimed that the interruption occurred because an automated system flagged unusual activity on the account. But Gabbard did not accept this explanation; she believed that Google deliberately had tried to undermine …

Not A Suicide Pact: Urgent Strategic Recommendations For Reducing Domestic Terrorism In The United States, Barbara L. Mcquade

Articles

America’s Bill of Rights protects U.S. citizens’ rights to free speech, to bear arms, and to be free from unreasonable searches and seizures, among other things. But, as the Supreme Court has consistently held, no right is absolute. All rights must be balanced against other societal needs, including and especially public safety. As the threat of domestic terrorism metastasizes in the United States, Americans need to use the practical wisdom that Justice Robert L. Jackson advised in 1949 to ensure the survival of the republic.

In recognition of this growing threat, the Biden administration issued the nation’s first National Strategy …

Willard Hurst, Technological Changes, And The Transformation Of American Public Law, William J. Novak

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As Sociobiologist E.O. Wilson once famously framed the “problem of humanity”: “We have paleolithic emotions; medieval institutions; and god-like technology.” America’s greatest philosopher John Dewey similarly placed this yawning gap between rapidly expanding technological change and slowly evolving human emotions and institutions at the heart of what he called The Public and Its Problems. Indeed, Dewey traced the origins of the modern American state as well as what he termed “the Great Society” to the new and modern technologies in production and commerce and steam and electricity that “resulted in a social revolution.” Without warning, Dewey argued, traditional local communities …

The Impact Of The Covid-19 Pandemic On First-Generation Women Test-Takers: Magnifying Adversities, Stress, And Consequences For Bar Exam Performance., Freiburger Erin, Victor D. Quintanilla, Kurt Hugenberg, Sam Erman, Nedim Yel, Anita Kim, Mary C. Murphy

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By magnifying gender- and socioeconomic status-based inequalities, the COVID-19 pandemic caused stress and disrupted career progress for professional students. The present work investigated the impact of pandemic-related stress and prevailing barriers on structurally disadvantaged women preparing for a high-stakes professional exam. In Study 1, we found that among US law students preparing for the October 2020 California Bar Exam—the professional exam that enables one to become a practicing attorney in California—first-generation women reported the greatest stress from pandemic-related burdens and underperformed on the exam relative to others overall, and particularly compared to continuing-generation women. This underperformance was explained by pandemic-related …

Biofabrication Of Magnetic Nanoparticles And Their Use As Carriers For Pectinase And Xylanase, Shady S. Hassan, Brendan Duffy, Gwilym A. Williams, Amit Jaiswal

Articles

In this study, superparamagnetic iron oxide nanoparticles (MNPs) were synthesized via exposure of fungal cell filtrate from Aspergillus flavus to aqueous iron ions. The extracellular synthesis of MNPs was monitored by UV–Vis spectrophotometry and showed an absorption peak at 310 nm. The morphology of MNPs was found to be flake-like, as confirmed by Field Emission Scanning Electron Microscopy (FESEM), while the average crystallite size was ∼16 nm, as determined by X-ray diffraction (XRD). Energy dispersive X-ray (EDX) analysis was performed to confirm the presence of elemental Fe in the sample. Pectinase and xylanase were covalently immobilized on MNPs with efficiencies …

Fertility Fraud: The Child's Claims Essays, Fredrick Vars

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No abstract provided.

Accessible Design Is Mediated By Job Support Structures And Knowledge Gained Through Design Career Pathways, Sarah Andrew, Garreth W. Tigwell

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Digital designers often do not make their work accessible (e.g., websites failing criteria set by the W3C's Web Content Accessibility Guidelines), and accessible design research discusses many solutions to address this problem (e.g., teaching accessibility within university design and technical courses). However, prior research in this area typically does not acknowledge whether recommendations and resources to support accessible design are suitable for all digital designers due to different training pathways and job support structures (e.g., large-company vs. rural and self-employed designers or designers who learned their skills outside of formal education settings). We interviewed 20 digital designers from rural and …

Food Neophobia Across The Life Course: Pooling Data From Five National Cross-Sectional Surveys In Ireland, Daniel Hazley, Mairead Stack, Janette Walton, Breige A. Mcnulty, John Kearney

Articles

Food neophobia describes a reluctance to eat novel foods. Levels of food neophobia vary throughout life and are thought to peak in childhood. However, the trajectory of food neophobia across the life course is not fully clear. Using data from five national cross-sectional surveys in Ireland we explored levels of food neophobia in males and females aged 1–87 years. In addition, we assessed the influence of sociodemographic factors, breastfeeding and parental food neophobia on food neophobia. Food neophobia was measured using the Food Neophobia Scale in adults and adolescents and with the Children's Eating Behaviour Questionnaire in preschool and school …

Understanding A Low Vitamin D State In The Context Of Covid-19, James Bernard Walsh, Daniel Mccartney, Eamon Laird, Kevin Mccarroll, Declan G. Byrne, Martin Healy, Paul O'Shea, Rose Anne Kenny, John L. Faul

Articles

While a low vitamin D state has been associated with an increased risk of infection by SARS-CoV-2 in addition to an increased severity of COVID-19 disease, a causal role is not yet established. Here, we review the evidence relating to i) vitamin D and its role in SARS-CoV-2 infection and COVID-19 disease ii) the vitamin D status in the Irish adult population iii) the use of supplemental vitamin D to treat a deficient status and iv) the application of the Bradford-Hill causation criteria. We conclude that reverse causality probably makes a minimal contribution to the presence of low vitamin D …

In Vivo Activity Of Metal Complexes Containing 1,10-Phenanthroline And 3,6,9-Trioxaundecanedioate Ligands Against Pseudomonas Aeruginosa Infection In Galleria Mellonella Larvae, Megan O'Shaughnessy, Magdalena Piatek, Pauraic Mccarron, Malachy Mccann, Michael Devereux, Kevin Kavanagh, Orla L. Howe

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Drug-resistant Pseudomonas aeruginosa is rapidly developing resulting in a serious global threat. Immunocompromised patients are specifically at risk, especially those with cystic fibrosis (CF). Novel metal complexes incorporating 1,10-phenanthroline (phen) ligands have previously demonstrated antibacterial and anti-biofilm effects against resistant P. aeruginosa from CF patients in vitro. Herein, we present the in vivo efficacy of {[Cu(3,6,9-tdda)(phen)₂]·₃H₂O·EtOH}_n (Cu-tdda-phen), {[Mn(3,6,9-tdda)(phen)₂]·₃H₂O·EtOH}_n (Mn-tdda-phen) and [Ag₂(3,6,9-tdda)(phen)₄]·EtOH (Ag-tdda-phen) (tddaH₂ = 3,6,9-trioxaundecanedioic acid). Individual treatments of these metal-tdda-phen complexes and in combination with the established antibiotic gentamicin were …

Development And Validation Of A New Methodological Platform To Measure Behavioral, Cognitive, And Physiological Responses To Food Interventions In Real Time, M.A. Vargas-Alvarez, H. Al-Sehaim, J.M. Brunstrom, G. Castelnuovo, S. Navas-Carretero, J.A. Martínez, E. Almiron-Roig

Articles

To fully understand the causes and mechanisms involved in overeating and obesity, measures of both cognitive and physiological determinants of eating behavior need to be integrated. Effectively synchronizing behavioral measures such as meal micro-structure (e.g., eating speed), cognitive processing of sensory stimuli, and metabolic parameters, can be complex. However, this step is central to understanding the impact of food interventions on body weight. In this paper, we provide an overview of the existing gaps in eating behavior research and describe the development and validation of a new methodological platform to address some of these issues. As part of a controlled …

A Qualitative Analysis Of A Caregivers’ Experience Of Complementary Feeding In A Population Of Native Hawaiian, Other Pacific Islander And Filipino Infants: The Timing Of The Introduction Of Complementary Foods, And The Role Of Transgenerational Experience, Kara Mulville, Jessie Kai, John Kearney, Jacqueline Ng-Osorio, Carol J. Boushey, Marie K. Fialkowski

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The aim of this study was to investigate caregivers’ experiences of complementary feeding (CF) among the Native Hawaiian and Other Pacific Islander (NHPI), and Filipino populations. Research focused on the timing of CF commencement, and the influence of transgenerational experience on feeding practices. The experiences and practices of those who fed human milk exclusively (HME), were compared to those who included infant formula (F&HM). Caregivers of a subset of 32 infants who were participating in a larger longitudinal study relating to CF and diet diversity, took part in voluntary in-depth interviews relating to CF practices. Interviews were recorded and transcribed. …

Bioactive Peptides From Algae: Traditional And Novel Generation Strategies, Structure-Function Relationships, And Bioinformatics As Predictive Tools For Bioactivity, Jack O'Connor, Marco Garcia-Vaquero, Steve Meaney, Brijesh Kumar Tiwari

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Over the last decade, algae have been explored as alternative and sustainable protein sources for a balanced diet and more recently, as a potential source of algal-derived bioactive peptides with potential health benefits. This review will focus on the emerging processes for the generation and isolation of bioactive peptides or cryptides from algae, including: (1) pre-treatments of algae for the extraction of protein by physical and biochemical methods; and (2) methods for the generation of bioactive including enzymatic hydrolysis and other emerging methods. To date, the main biological properties of the peptides identified from algae, including anti-hypertensive, antioxidant and antiproliferative/ …

Altered Expression Of Acox2 In Non-Small Cell Lung Cancer, Jane S. Y. Sui, Petra Martin, Anna Keogh, Pierre Murchan, Lisa Ryan, Siobhan Nicholson, Sinead Cuffe, Pilib Ó Broin, Stephen P. Finn, Gerard J. Fitzmaurice, Ronan Ryan, Vincent Young, Steven Gray

Articles

Peroxisomes are organelles that play essential roles in many metabolic processes, but also play roles in innate immunity, signal transduction, aging and cancer. One of the main functions of peroxisomes is the processing of very-long chain fatty acids into metabolites that can be directed to the mitochondria. One key family of enzymes in this process are the peroxisomal acyl-CoA oxidases (ACOX1, ACOX2 and ACOX3), the expression of which has been shown to be dysregulated in some cancers. Very little is however known about the expression of this family of oxidases in non-small cell lung cancer (NSCLC). ACOX2 has however been …

Ecological Factors And Childhood Eating Behaviours At 5 Years Of Age: Findings From The Rolo Longitudinal Birth Cohort Study, Anna Delahunt, Marie C. Conway, Eileen C. O’Brien, Aisling A. Geraghty, Linda M. O’Keeffe, Sharleen L. O’Reilly, Ciara M. Mcdonnell, Patricia M. Kearney, John Mehegan, Fionnuala M. Mcauliffe

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Individual differences in children eating behaviours have been linked with childhood overweight and obesity. The determinants of childhood eating behaviours are influenced by a complex combination of hereditary and ecological factors. This study examines if key ecological predictors of childhood overweight; maternal socio-economic status (SES), children’s screen time, and childcare arrangements, are associated with eating behaviours in children aged 5-years-old.