Digital Commons Network^™

Mining And Managing Big Data Refactoring For Design Improvement: Are We There Yet?, Eman Abdullah Alomar, Mohamed Wiem Mkaouer, Ali Ouni

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Refactoring is a set of code changes applied to improve the internal structure of a program, without altering its external behavior. With the rise of continuous integration and the awareness of the necessity of managing technical debt, refactoring has become even more popular in recent software builds. Recent studies indicate that developers often perform refactorings. If we consider all refactorings performed across all projects, this consists of the refactoring knowledge that represents a rich source of information that can be useful for both developers and practitioners to better understand how refactoring is being applied in practice. However, mining, processing, and …

Refactoring Practices In The Context Of Modern Code Review: An Industrial Case Study At Xerox, Eman Abdullah Alomar, Hussein Alrubaye, Mohamed Wiem Mkaouer, Ali Ouni, Marouane Kessentini

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Modern code review is a common and essential 2 practice employed in both industrial and open-source projects 3 to improve software quality, share knowledge, and ensure con4 formance with coding standards. During code review, developers 5 may inspect and discuss various changes including refactoring 6 activities before merging code changes in the code base. To date, 7 code review has been extensively studied to explore its general 8 challenges, best practices and outcomes, and socio-technical 9 aspects. However, little is known about how refactoring activities 10 are being reviewed, perceived, and practiced. 11 This study aims to reveal insights into …

Finding The Needle In A Haystack: On The Automatic Identification Of Accessibility User Reviews, Eman Abdullah Alomar, Wajdi Aljedaani, Murtaza Tamjeed, Mohamed Wiem Mkaouer, Yasime Elglaly

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In recent years, mobile accessibility has become an important trend with the goal of allowing all users the possibility of using any app without many limitations. User reviews include insights that are useful for app evolution. However, with the increase in the amount of received reviews, manually analyzing them is tedious and time-consuming, especially when searching for accessibility reviews. The goal of this paper is to support the automated identification of accessibility in user reviews, to help technology professionals in prioritizing their handling, and thus, creating more inclusive apps. Particularly, we design a model that takes as input accessibility user …

Has Tax Competition Been Curbed? Reaction To L.Ahrens, L. Hakelberg & T. Rixen, Reuven Avi-Yonah

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This excellent article shows that contrary to the dire predictions of many observers, tax cooperation is still possible among OECD member countries and that such cooperation can overcome the trilemma of maintaining democracy, sustaining globalization and accepting some tax competition. Specifically, the authors show that in the realm of individual tax evasion, the advent of Automatic Exchange of Information (AEol) after the financial crisis of 2008-9 has enabled OECD countries to maintain a higher level of tax on capital than was possible before the crisis. This, in turn, enabled such countries to reduce inequality and maintain the social safety net …

Going Rogue: The Supreme Court's Newfound Hostility To Policy-Based Bivens Claims, Joanna C. Schwartz, Alexander A. Reinert, James E. Pfander

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In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court held that a proposed Bivens remedy was subject to an exacting special factors analysis when the claim arises in a “new context.” In Ziglar itself, the Court found the context of the plaintiffs’ claims to be “new” because, in the Court’s view, they challenged “large-scale policy decisions concerning the conditions of confinement imposed on hundreds of prisoners.” Bivens claims for damages caused by unconstitutional policies, the Court suggested, were inappropriate.

This Essay critically examines the Ziglar Court’s newfound hostility to policy-based Bivens claims. We show that an …

Investment Leverage For Adaptive Reuse Of Cultural Heritage, Tracy Pickerill

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This article tracks the design of a panoptic toolkit of complementary financial (grant and endowment, tax, debt and equity) and non-financial (regulation, real estate, risk mitigation and performance, capacity building, impact metric and digital network) instruments, designed to leverage capital investment and engender collaborative partnerships, to encourage investment capital to flow to cultural heritage adaptive reuse activities.

On The Socles Of Fully Inert Subgroups Of Abelian P-Groups, Andrey R. Chekhlov, Peter V. Danchev, Brendan Goldsmith

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We define the so-called fully inert socle-regular and weakly fully inert socle-regular Abelian p-groups and study them with respect to certain of their numerous interesting properties. For instance, we prove that in the case of groups of length ω, these two group classes coincide, but that in the case of groups of length ω+1, they differ. Some structural and characterization results are also obtained. The work generalizes concepts which have been of interest recently in the theory of entropy in algebra and builds on recent investigations by Danchev and Goldsmith (Arch Math (3) 92:191–199, 2009; J Algebra 323:3020–3028, 2010).

On The Socles Of Characteristically Inert Subgroups Of Abelian P-Groups, Andrey R. Chekhlov, Peter V. Danchev, Brendan Goldsmith

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We define the notion of a characteristically inert socle-regular Abelian p-group and explore such groups by focussing on their socles, thereby relating them to previously studied notions of socle-regularity. We show that large classes of p-groups, including all divisible, totally projective and torsion-complete p-groups, share this property when the prime p is odd. The present work generalizes notions of full inertia intensively studied recently by several authors and is a development of a recent work of the authors published in Mediterranean J. Math. (2021).

Lecture In Human Rights: Tax Policy, Global Economics, Labor And Justice In Light Of Covid-19, Reuven S. Avi-Yonah

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International Tax Law has extensive ramifications on the wealth gap between wealthy developed nations and poor developing nations. This divide in prosperity has been made clear again in the global response to the COVID-19 pandemic. Developing nations are currently ill-equipped to adapt to, and regulate, an equitable system of taxation on a domestic level. A further challenge is the difficulty of ensuring that foreign investors, especially multinational corporations, are able to comply with tax regulations. Developed nations such as the United States and members of the European Union must continue to work with developing nations to reduce tax evasion and …

The Ingenious Biden Tax Plan, Reuven S. Avi-Yonah

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In this article, the author considers the Biden administration’s Made in America Tax Plan, which would overhaul the corporate and international tax provisions of the Tax Cuts and Jobs Act and represents a long-overdue effort to more fairly tax U.S.-based multinationals.

A Systematic Review Of Urban Navigation Systems For Visually Impaired People, Fatmaelzahraa Eltaher Ph.D, Ayman Taha, Jane Courtney, Susan Mckeever

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Blind and Visually impaired people (BVIP) face a range of practical difficulties when undertaking outdoor journeys as pedestrians. Over the past decade, a variety of assistive devices have been researched and developed to help BVIP navigate more safely and independently. In~addition, research in overlapping domains are addressing the problem of automatic environment interpretation using computer vision and machine learning, particularly deep learning, approaches. Our aim in this article is to present a comprehensive review of research directly in, or relevant to, assistive outdoor navigation for BVIP. We breakdown the navigation area into a series of navigation phases and tasks. We …

The Importance Of Right To Science During Pandemics, Natallia Sianko, Albina Balidemaj, Mark Small

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Few articles of the Universal Declaration of Human Rights (UDHR) have received less attention than the right to science. All signatory members agreed that the right of everyone to “share in scientific advancement and its benefits” [Article 27(1)] is to be promoted and protected in every place around the globe (United Nations, 1948). The right to science is further secured in the International Covenant on Economic, Social and Cultural Rights (ICESCR). This not only reaffirms it as a basic human right, but also, upon coming into force in 1976, established the responsibility of governments to respect the right of everyone …

Physics-Guided Neural Network For Predicting Chemical Signatures, Cara Murphy, John Kerekes

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Achieving high classification accuracy on trace chemical residues in active spectroscopic sensing is challenging due to the limited amount of training data available to the classifier. Such classifiers often rely on physics-based models for generating training data though these models are not always accurate when compared to measured data. To overcome this challenge, we developed a physics-guided neural network (PGNN) for predicting chemical reflectance for a set of parameterized inputs that is more accurate than the state-of-the-art physics-based signature model for chemical residues. After training the PGNN, we use it to generate a library of predicted spectra for training a …

Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu

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Geographical indications are a type of intellectual property right that can be used to protect a source indicator when some quality, characteristic, or reputation of a good is attributable to its geographic origin. To the extent that geographic location and culture overlap, geographical indications could be described as a form of cultural protection. Italy, which is known for both its food and fashion, has geographical indications for a range of items, such as extra virgin olive oils, pastas, and wines. Can geographical indications protect other aspects of culture, such as fashion? For example, the famous Italian designer, Valentino, received both …

A Virtue Ethics Approach To Professional Identity: Lessons For The First Year And Beyond, Patrick Emery Longan, Daisy Hurst Floyd, Timothy Floyd

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We have been teaching, writing, and speaking about professional identity formation for many years. Over that period, we have arrived by various routes at a virtue ethics approach to professional identity formation. In this article, we will share our approach and include lessons for the first year of law school and beyond.

Our commitment to a virtue ethics approach did not emerge overnight. It evolved over the years and comes from our varied experiences. Pat Longan's path emerged from his experience as a teacher and scholar of professional responsibility who was asked in 2002 to develop a stand-alone course on …

Dead Men (And Women) Should Tell Tales: Narrative, Intent, And The Construction Of Wills, Karen J. Sneddon

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The will is one of the most personal legal documents that an individual may ever create. The will is written in first person, present tense. Yet most wills reveal little of the person, the personality, or the personal. The inclusion of the testator’s relationships with people, entities, and property does little to convey the testator’s wishes, hopes, or fears. Some may assert that as a formal legal document, the will should be impersonal and be built using standardized, formulaic phrasing. Not only does such position overstate the accuracy of standardized, formulaic phrasing, but such position also ignores the foundational principle …

Federal Land Conservation In Rural Areas, Jessica Owley, Jess Phelps

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No abstract provided.

Unrules, Gabriel Scheffler, Cary Coglianese, Daniel E. Walters

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At the center of contemporary debates over public law lies administrative agencies' discretion to impose rules. Yet for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation through, for instance, waivers, exemptions, or exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory …

Teaching Written Advocacy In A Law Clinic Setting, Tamar Ezer

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Written advocacy is a critical lawyering skill and vital component of student work in many clinics. This is certainly true in appellate advocacy and policy-based clinics, such as my own focused on human rights advocacy. Teaching written advocacy requires a deliberate and thoughtful pedagogy, just as with other aspects of clinical teaching. There is a rich literature on teaching legal writing, but only sparse discussion of its applicability in the fast-paced law clinic setting, where written products have real world consequences and need to be of high quality. This article delves into this literature and argues that written advocacy consists …

Energy Metabolism And Aging., Andrzej Bartke, Savannah Brannan, Erin Hascup, Kevin Hascup, Justin Darcy

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Aging is strongly related to energy metabolism, but the underlying processes and mechanisms are complex and incompletely understood. Restricting energy intake and reducing metabolic rate can slow the rate of aging and extend longevity, implying a reciprocal relationship between energy metabolism and life expectancy. However, increased energy expenditure has also been associated with improved health and longer life. In both experimental animals and humans, reduced body temperature has been related to extended longevity. However, recent findings on the function of thermogenic (brown or beige) adipose tissue produced intense interest in increasing the amount of energy expended for thermogenesis to prevent …

The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh

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No abstract provided.

Reframing Article I, Section 8, Richard Primus

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Constitutional lawyers usually think of the Constitution's enumeration of congressional powers as a device for limiting the federal government's legislative jurisdiction. And there's something to that. But considered from the point of view of the Constitution's drafters, it makes more sense to think of the enumeration of congressional powers as primarily a device for empowering Congress, not limiting it. The Framers wanted both to empower and to limit the general government, and the Constitution's enumeration of congressional powers makes more sense as a means of empowerment than as a means of limitation. The major exception--that is, the one significant way …

Recollections Refreshed And Recorded, Len Niehoff

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Witnesses forget stuff. When they do, the evidence rules give us two tools to help solve the problem. Lawyers call one "refreshed recollection" and the other "past recollection recorded," labels just similar enough to guarantee confusion. Nevertheless, these principles get at very different things and are well worth the effort necessary to distinguish and understand them. So how do we get there?

Closing Reflections On The Contributions On The Scsl's Legal Legacy, Charles C. Jalloh

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No abstract provided.

Digital Gatekeepers, Thomas E. Kadri

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If in William Blackstone's time we might have thought of a person's home as their castle, in Mark Zuckerberg's time we might say that their website is too.  Under cyber-trespass laws like the Computer Fraud and Abuse Act, courts have treated online platforms as digital gatekeepers--as property owners that may permit and restrict access to websites much like landowners may do with private land in the real world. If platforms withhold their consent through words or inference, cyber-trespass laws let them enforce their preferences about who may access their services and gather information from the internet. Concerned about reputations and …

Denying Cultural Intellectual Property: An International Perspective On Anjali Vats's The Color Of Creatorship, J. Janewa Osei-Tutu

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In The Color of Creatorship, Anjali Vats offers a compelling analysis of intellectual property (IP) laws through the lens of critical race theory. Providing a persuasive account of the role of racialized perspectives and colonial histories in the making of IP laws, Vats calls on activists to "persuade lawmakers that knowledge production comes in a variety of forms." She makes a valuable contribution to the literature on race and IP, asking us to think about IP citizenship and how this has been framed in the United States. In this brief essay, I will connect Vats's analysis to some of the …

The Role Of Rejuvenators In Embedded Damage Healing For Asphalt Pavement, Shi Xu, Xueyan Liu, Amir Tabakovic, P Lin, Y Zhang, S Nahar, B J. Lommerts, Erik Schlangen

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Rejuvenator encapsulation technique showed great potential for extrinsic asphalt pavement damage healing. Once the capsules are embedded within asphalt pavement, the healing is activated on-demand via progressing microcrack. When the microcrack encounters the capsule, the fracture energy at the tip opens the capsule and releases the rejuvenator. Then the released rejuvenator wets the crack surfaces, diffuses into and softens the aged bitumen, allowing two broken edges to come in the contact, preventing further asphalt pavement deterioration. The quality and speed of the damage repair process strongly depend on the quality of rejuvenator, thus it is important to choose a proper …

Using Colorthink And Online Teaching, Robert Chung

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The author taught many years of color reproduction-related courses to college students in print media and graphic communication programs. He used to think that hands-on lab assignment was only possible in-person in laboratory settings. His recent online teaching experiences proved him wrong. This document describes a lab assignment, Using ColorThink, in an online course, administered by Wuhan University, in the summer of 2020. Due to the coronavirus pandemic, no one was on campus. All eleven students were spread out across many provinces in China. As an adjunct instructor, located in North America, the author was able to connect with his …

The Federalist Constitution: Foreword, David S. Schwartz, Jonathan Gienapp, John Mikhail, Richard A. Primus

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Over the past twenty years, constitutional law has taken a decidedly historical turn, both in academia and in the courts. The U.S. Supreme Court’s constitutional decisions are increasingly filled with extended historical inquiries, and not just by self-described originalists. Yet much of this historical inquiry is severely distorted. Twenty-first-century lawyers and judges enjoy improved and ever-widening access to a rich array of primary sources from the founding era and the early republic, but the ability of modern interpreters to make sense of these materials is pervasively affected by present biases. Many of these biases stem directly from long-standing received narratives …

Rural Social Safety Nets For Migrant Farmworkers In Michigan, 1942–1971, Emily A. Prifogle

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In the 1960s, farmers pressed trespass charges against aid workers providing assistance to agricultural laborers living on the farmers’ private property. Some of the first court decisions to address these types of trespass, such as the well-known and frequently taught State v. Shack (1971), limited the property rights of farmers and enabled aid workers to enter camps where migrants lived. Yet there was a world before Shack, a world in which farmers welcomed onto their land rural religious groups, staffed largely by women from the local community, who provided services to migrant workers. From the 1940s through the 1960s, federal, …