Digital Commons Network^™

Vitamin D Status And Mortality From Sars Cov-2: A Prospective Study Of Unvaccinated Caucasian Adults, Robert Barrett, Modar Youssef, Irfan Shah, Julia Ioana, Abdullah Al Lawati, Abdullah Bukhari, Suzanne Hegarty, Liam J. Cormican, Eoin Judge, Conor M. Burke, Catriona Cody, Joseph Feely, Katrina Hutchinson, William Tormey, Eoghan O’ Neill, Aoife O'Shea, Meabh Connolly, Daniel Mccartney, John L. Faul

Articles

COVID-19 and a low vitamin D state share common risk factors, which might explain why vitamin D deficiency has been linked with higher COVID-19 mortality. Moreover, measures of serum vitamin D may become lower during systemic inflammatory responses, further confounding the association via reverse causality. In this prospective study (recruited over 12 months), we examined whether the association between a low vitamin D state and in-hospital mortality due to SARS-CoV-2 pneumonia in unvaccinated subjects is explained by (i) the presence of shared risk factors (e.g., obesity, advanced age) or (ii) a reduction in serum 25(OH)D due to COVID-19 (i.e., reverse …

Mary Lou Graves, Nolen Breedlove, And The Nineteenth Amendment, Ellen D. Katz

Articles

This close examination of two cases is part of a larger ongoing project to provide a distinct account of the Nineteenth Amendment. In 1921, the Alabama Supreme Court held the Nineteenth Amendment required that any poll tax be imposed equally on men and women. Sixteen years later, the Supreme Court disagreed. Juxtaposing these two cases, and telling their story in rich context, captures my larger claim that—contrary to the general understanding in the scholarly literature—the Nineteenth Amendment was deliberately crafted as a highly circumscribed measure that would eliminate only the exclusively male franchise while serving steadfastly to preserve and promote …

Comment: Without Effective Lawyers, Do More Determinate Legal Standards Really Matter?, Vivek S. Sankaran

Articles

In Confronting Indeterminacy and Bias in Child Protection Law, Professor Josh Gupta-Kagan wisely proposes that the child protection system needs more precise legal standards, not just to limit unnecessary state intrusion in the lives of families, but to also define the scope of that intrusion if it must occur. But as I read his piece, a question repeatedly ran through my mind - will the changes he proposes have any impact if parents in the child protection system continue to have ineffective lawyers representing them?

Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher

Articles

American Indian law is an important area of law. There are 12 federally recognized Indian tribes in the state of Michigan.1 Indian tribes throughout the United States do business in Michigan. Indian tribal governments and corporations employ hundreds of thousands of non-Indians and received billions in federal pandemic relief. Indian gaming generated nearly $40 billion in revenues nationally last year. Still, many lawyers ignore the field or claim ignorance about the basic precepts of federal Indian law.

This article will canvass several themes of professionalism in tribal practice, drawing from this author’s tribal law experience over the last few decades. …

Regulating For Energy Justice, Alexandra B. Klass, Gabriel Chan

Articles

In this Article, we explore and critique the foundational norms that shape federal and state energy regulation and suggest pathways for reform that can incorporate principles of “energy justice.” These energy justice principles—developed in academic scholarship and social movements—include the equitable distribution of costs and benefits of the energy system, equitable participation and representation in energy decision making, and restorative justice for structurally marginalized groups.

While new legislation, particularly at the state level, is critical to the effort to advance energy justice, our focus here is on regulators’ ability to implement reforms now using their existing authority to advance the …

Corporate Taxes And Union Wages In The United States, Alison R. Felix, James R. Hines Jr.

Articles

This paper evaluates the effect of U.S. state corporate income taxes on union wage premiums. American workers who belong to unions are paid more than their non-union counterparts, and this difference is greater in low-tax locations, possibly reflecting that unions and employers share tax savings associated with low tax rates. In 2000 the difference between average union and non-union hourly wages was $1.88 greater in states with corporate tax rates below four percent than in states with tax rates of nine percent and above. Controlling for observable worker characteristics, a one percent lower state tax rate was associated with a …

Addictive Technology And Its Implications For Antitrust Enforcement, James Niels Rosenquist, Fiona M. Scott Morton, Samuel N. Weinstein

Articles

The advent of mobile devices and digital media platforms in the past decade represents the biggest shock to cognition in human history. Robust medical evidence is emerging that digital media platforms are addictive and, when used in excess, harmful to users’ mental health. Other types of addictive products, like tobacco and prescription drugs, are heavily regulated to protect consumers. Currently, there is no regulatory structure protecting digital media users from these harms. Antitrust enforcement and regulation that lowers entry barriers could help consumers of social media by increasing competition. Economic theory tells us that more choice in digital media will …

Minimum Taxation In The United States In The Context Of Globe, Reuven S. Avi-Yonah, Mohanad Salaimi

Articles

The introduction of the minimum tax in Pillar II of the OECD/G20/IF framework was generally seen as a response to the U.S. Tax Cuts and Jobs Act (TCJA) of 2017. The TCJA included both a minimum tax on outbound income (the Global Intangible Low-Taxed Income, or “GILTI”) and a minimum tax on inbound income (the Base Erosion Anti-Avoidance Tax, or “BEAT”). These were seen as the precursors to the IIR and the UTPR. Thus, unlike Pillar I which was perceived as a device to impose more tax on the U.S. digital giants, Pillar II was seen as more consistent with …

In Defense Of Its Identity, Daniel H. Halberstam, Werner Schroeder

Articles

The Court of Justice has spoken. The Commission may now, under Regulation 2020/2092, withhold monies from Member States that do not observe the rule of law. This “budget conditionality”, if wielded smartly, should prove a powerful tool if comparative experience coaxing states through union money to follow union policies holds true in Europe. Given the limitations of national reference actions and infringement proceedings that lag behind the nefarious strategies of some governments, and the political obstacles to using Article 7 TEU, we cheer on this new tool of the Union. But we believe the urgency of rule of law concerns …

Rationing Retaliation Claims, Daiquiri J. Steele

Articles

No abstract provided.

Possibilidades De Uma História Pragmática Do Político, William J. Novak, Stephen W. Sawyer

Articles

This essay is an initial attempt to posit a method which has slowly taken shape through our individual and collaborative investigations into the history of democracy in the United States and France. Our overall approach builds on a number of diverse methodological influences, but in this particular essay we highlight just two of the most influential precedents for our work: first, the pragmatic-hermeneutical approach most explicitly outlined by James T. Kloppenberg in his “Thinking Historically : A Manifesto of Pragmatic Hermeneutics” and second, Pierre Rosanvallon's methodological essays on the theme of “Une histoire conceptuelle du politique,” ​​which he launched with …

The Dubious Constitutional Origins Of Treaty Overrides: A Response To Rosenbloom And Shaheen, Reuven Avi-Yonah

Articles

In 1888, the Supreme Court decided a case called Whitney v. Robert- son, which is generally considered to be the source of the proposition that, under the Constitution, later-in-time statutes can override earlier treaties (the Rule). The Rule is highly controversial because it violates articles 26 and 27 of the Vienna Convention on the Law of Treaties (VCLT), which the United States has accepted as binding on it as cus- tomary international law (CIL). Despite that, the United States has since Whitney routinely engaged in treaty overrides, and the Court has repeatedly endorsed the Rule even while narrowing its application …

Modern Authorities From Brandies To Brnovich: For Jurists Who Have Considered Social Science / When Doctrine Was Not Enough, Jeremiah Chin

Articles

While the Supreme Court is the final authority on the Constitution, its interpretations increasingly turn to outside, non-legal sources to authoritatively support its conclusions of law and fact. Particularly in cases involving racial discrimination, the Court relies on social science data presented by the trial record, amicus curiae, or its own research. However, the Court lacks explicit rules or methods of analysis for these data. To remedy this gap in analysis, this article proposes a critical methodology for analyzing the use of social science data in cases involving race. By outlining a historiography of the Court's invocation of extrinsic data, …

The Landscape Of Startup Corporate Governance In The Founder-Friendly Era, Jennifer S. Fan

Articles

In corporate governance scholarship, there is an important debate about the nature and roles of the members of the board of directors in venture capital-backed private companies. The impact of a newly emerged, founder-centric model has been underappreciated, while the role of the independent director as tiebreaker or swing vote is vastly overstated. The reality is that corporate governance in these companies is a norm-driven, consensus-building process that rarely spills out into open conflict.

This is the first empirical study of startup corporate governance post-Great Recession and during the pandemic. Using survey and interview methodologies, this Article makes four primary …

Terrified By Technology: How Systemic Bias Distorts U.S. Legal And Regulatory Responses To Emerging Technology, Steve Calandrillo, Nolan Kobuke Anderson

Articles

Americans are becoming increasingly aware of the systemic biases we possess and how those biases preclude us from collectively living out the true meaning of our national creed. But to fully understand systemic bias we must acknowledge that it is pervasive and extends beyond the contexts of race, privilege, and economic status. Understanding all forms of systemic bias helps us to better understand ourselves and our shortcomings. At first glance, a human bias against emerging technology caused by systemic risk misperception might seem uninteresting or unimportant. But this Article demonstrates how the presence of systemic bias anywhere, even in an …

Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang

Articles

No abstract provided.

The Supreme Court’S Chief Justice Of Intellectual Property Law, Bob Gomulkiewicz

Articles

Justice Clarence Thomas is one of the most recognizable members of the United States Supreme Court. Many people recall his stormy Senate confirmation hearing and notice his fiery dissenting opinions that call on the Court to reflect the original public meaning of the Constitution. Yet observers have missed one of Justice Thomas’s most significant contributions to the Court—his intellectual property law jurisprudence. Justice Thomas has authored more majority opinions in intellectual property cases than any other Justice in the Roberts Court era and now ranks as the most prolific author of patent law opinions in the history of the Supreme …

Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini

Articles

This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …

Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie

Articles

Nowhere else in the United States are tribal connections and reliance on federal public lands as deep and geographically broad-based as in what is now Alaska. The number of Tribes—229 federally recognized tribes—and the scope of the public land resource—nearly 223 million acres—are simply unparalleled. Across that massive landscape, federal public lands and the subsistence uses they provide remain, as they have been since time immemorial, “essential to Native physical, economic, traditional, and cultural existence.”^[1] Alas, the institutions, systems, and processes responsible for managing those lands, protecting those uses, and honoring those connections are failing Alaska Native Tribes.

The …

Incentivizing Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This Article advocates for a new approach to incentivizing innovation through the design of ex post tax incentives for research and development (R&D) investment. In contrast to many nations, the United States relies largely on ex ante tax incentives, namely a tax deduction and tax credit for qualified R&D spending. Fundamental design flaws exist with these ex ante incentives; moreover, innovation occurs continuously and yields results at the back end of the innovation cycle. An appropriate framework should take into consideration the key players in the innovation landscape. These players are often treated differently under the tax laws such that …

The Hidden Harms Of Privacy Penalties, Mary D. Fan

Articles

How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful companies is attention to the potential harms of expanding privacy penalties for small-fry individuals and entities, especially from disfavored or marginalized groups. This article is the first to illuminate the regressive risks of privacy penalties, showing how broad privacy penalties can become tools for harassment of small businesses and individuals …

Unravelling Inventorship, Toshiko Takenaka

Articles

Inventorship, who made an invention, is one of the most important concepts under the U.S. patent system. Incorrect inventorship determinations result in patent invalidity not only because U.S. Constitution requires granting patents to true inventors, but also first-inventorto- file novelty inherited many aspects of first-to-invent novelty which depended on inventorship whether to include prior inventions as prior art. Correcting inventorship may result in sharing patent exclusivity with competitors, which forfeits profits necessary to recover expensive development costs. However, the standard to determine inventorship has been called muddy by judges and commentators because neither the Patent Act nor case law provide …

Monitoring And Modelling The Dynamics Of The Cellular Glycolysis Pathway: A Review And Future Perspectives, Nitin Patil, Hugh Byrne, Orla L. Howe, Paul A. Cahill

Articles

Background

The dynamics of the cellular glycolysis pathway underpin cellular function and dysfunction, and therefore ultimately health, disease, diagnostic and therapeutic strategies. Evolving our understanding of this fundamental process and its dynamics remains critical.

Scope of review

This paper reviews the medical relevance of glycolytic pathway in depth and explores the current state of the art for monitoring and modelling the dynamics of the process. The future perspectives of label free, vibrational microspectroscopic techniques to overcome the limitations of the current approaches are considered.

Major conclusions

Vibrational microspectroscopic techniques can potentially operate in the niche area of limitations of other …

Fairness And Inclusion For Users Of Surface Transport—An Exploratory Thematic Study For Irish Users, Ajeni Ari, Maria Chiara Leva, Lorraine D'Arcy, Mary Kinahan

Articles

This paper explores the conditions of public transport with respect to user accessibility, design of infrastructure, and safety from a gendered perspective. Our investigation aims to understand the factors that direct a citizen’s choice of whether or not to use public transport. Our discussion is focused on gender disparities among user experiences, so we confine our focus to that of women’s perspectives and their experiences with public transport use. A framework for our discussion was formed with consideration of the theoretical aspects of fairness, justice, and gender in transport, as well as user statistics. We identified several spaces where public …

Tidal Current Turbine Blade Optimisation With Improved Blade Element Momentum Theory And A Non-Dominated Sorting Genetic Algorithm, Eng Jet Yeo, David Kennedy, Fergal O'Rourke

Articles

Tidal current energy has the advantage of predictability over most of the other renewable energy resources. However, due to the harsh operating environment and complicated site conditions, developments in this domain have been gradual. Paramount to these points is device design and optimisation of hydrodynamic performance. Recent developments in the correction models of BEM theory have further improved the accuracy of the prediction model. Using an improved blade element momentum theory model that is capable of accurately capturing the downwash angle and combining it with a well-developed and reliable non-dominated sorting genetic algorithm model, an effective and efficient tidal current …

Building Performance - Societal Drive, Programme And Symposium, Joseph Little, Patrick Daly

Articles

Society is increasingly looking at the construction industry to mitigate the environmental crisis and solve the housing crisis through wholesale embrace of three broad sets of challenges. The MSc in Building Performance (Energy Efficiency in Design) (MSc BP(EED)) was created in 2017 to provide significant upskilling in the knowledge, skills, and software applications of building design professionals so that they can meet these challenges, while creating compliant, sustainable, super-low energy, new and renovated buildings. The delivery of the programme supports upskilling of employed building design professionals at Masters level, encouraging a minority to develop their capacity and interest in research …

Will Treating Progressive Myopia Overwhelm The Eye Care Workforce? A Workforce Modelling Study, Gareth Lingham, James Loughman, Stella Kuzmenko, Matilda Biba, Daniel Ian Flitcroft

Articles

Purpose

Treatments for myopia progression are now available, but implementing these into clinical practice will place a burden on the eye care workforce. This study estimated the full-time equivalent (FTE) workforce required to implement myopia control treatments in the UK and Ireland.

Methods

To estimate the number of 6- to 21-year-olds with myopia, two models utilising separate data sources were developed. The examination-based model used: (1) the number of primary care eye examinations conducted annually and (2) the proportion of these that are for myopic young people. The prevalence-based model used epidemiological data on the age-specific prevalence of myopia. The …

Hosting A Community-Based Local Electricity Market In A Residential Network, Aziz Saif, Shafi K. Khadem, Michael Conlon, Brian Norton

Articles

This paper presents the potential of building a local electricity market (LEM) to boost the deployment of the local energy communities, centred around active customers with distributed energy resources (DERs). To conduct a comprehensive and detailed study on different cases with reduced computational burdens, this paper adopts a simplified modelling approach where the market and network model simulations are performed in a cascaded, decoupled fashion. This allows achieving the optimal LEM output for the energy community with different DER assets that are not bounded by the network constraints. The investigation involves quantifying the benefits brought by LEM to energy communities …

Two Mechanisms For Formation Of Ferronematic Phase Studied By Dielectric Spectroscopy, Neelam Yadav, Yuri Panarin, J.K. Vij, Wanhe Jiang, Georg H. Mehl

Articles

A non-chiral ferroelectric nematic compound DIO was studied by dielectric spectroscopy in the frequency range 0.01 Hz to 10 MHz over a wide range of temperatures. The compound exhibits three nematic phases on cooling from the isotropic phase, viz. the ordinary paraelectric nematic N; intermediate nematic NX and ferroelectric NF phases. The lower frequency relaxation process P1 is similar to those observed in other ferronematic compounds. It is a continuation of the molecular flip-flop mode in the isotropic phase and corresponds to the collective movement of dipoles which are strongly coupled with splay fluctuations in the nematic phases. In addition …

Spontaneous Symmetry Breaking And Linear Electrooptic Response In The Achiral Ferronematic Compound, Neelam Yadav, Yuri Panarin, Wanhe Jiang, Georg H. Mehl, J.K. Vij

Articles

A compound with the constituent non-chiral molecules, DIO, known to exhibit three nematic subphases namely N, Nx and NF, is studied by polarizing microscopy as function of the alignment layers on one of the substrates, no alignment on any of the substrates, alignment layer on both substrates with parallel and antiparallel rubbing, different cell spacings. The cell with one alignment layer is also studied by electro-optics. N is found to be a conventional nematic phase, but it shows two additional unusual features: chiral domains of opposite chirality and the linear EO response to the applied signal under certain experimental conditions. …