Digital Commons Network^™

Presidential Transitions Within The Administrative State, Michael E. Herz, Katherine A. Shaw

Articles

No abstract provided.

Fraudulent Transfers And Juries: Was Granfinanciera Rightly Decided?, David G. Carlson

Articles

In 1989, the Supreme Court ruled that a third party recipient of a fraudulent conveyance had a Seventh Amendment right to a jury trial when a bankruptcy trustee brought suit for a money judgment under Bankruptcy Code section 550(a). This was because, in 1791, an English bankruptcy trustee would have brought fraudulent transfer litigation in a court of law (not a court of equity) and would have obtained a money judgment. I maintain that the Supreme Court committed the classical logical error of Quaternio Terminorum—a false analogy. The analogy was that American bankruptcy trustees are like 18th century English bankruptcy …

The Mdl Revolution And Consumer Legal Funding, Ronen Avraham, Lynn A. Baker, Anthony J. Sebok

Articles

Third-party consumer legal funding, where financial companies advance money on a nonrecourse basis to assist individual plaintiffs with living expenses, is an increasingly popular and controversial part of American litigation. And consumers with mass tort claims pending in Multi-District Litigations (MDLs) constitute the fastest growing sector of those seeking assistance from this billion-dollar funding industry. Policy makers, mass tort plaintiffs' lawyers, and scholars have increasingly raised concerns about exorbitant interest rates and have called for regulations to protect vulnerable consumers from “predatory lending.” To date, however, the policy debate has largely relied on anecdotes and speculation because flinders have not …

Using Random Assignment To Measure Court Accessibility For Low-Income Divorce Seekers, James D. Greiner, Ellen L. Degnan, Thomas Ferriss, Roseanna Sommers

Articles

We conducted a field experiment in which 311 low-income individuals seeking a divorce were randomly assigned to receive access to a pro bono lawyer (versus minimal help) to assist with filing for divorce. Examining court records, we found that assignment to an attorney made a large difference in whether participants filed for and obtained a divorce. Three years after randomization, 46% of the treated group had terminated their marriages in the proper legal venue, compared to 9% of the control group. Among “compliers”—participants who obtained representation only if assigned to receive it—those with lawyers were far more likely to file …

Pathways To Institutional Transformation At Hbcus: Recommendations From Hbcu Black Women Stem Faculty, Anna Lee, Maya Corneille, Karen T. Jackson, Bahby Banks, Sherrice Allen

Articles

Black women STEM faculty at historically Black colleges and universities (HBCUs) experience many barriers to promotion, tenure, and the attainment of leadership positions. Institutional transformation is essential in addressing these inequities. However, there is a lack of literature that addresses the pathways for institutional transformation at HBCUs. The purpose of this paper is to share Black women STEM faculty from HBCUs recommendations for institutional transformation. Inter-views were conducted with fifteen Black women STEM faculty at HBCUs. Find-ings revealed several themes including the need for: (1) institutional accountability and oversight, (2) investment in the representation of Black women in faculty and …

Virtual Network Function Embedding Under Nodal Outage Using Deep Q-Learning, Swarna Bindu Chetty, Hamed Ahmadi, Sachin Sharma, Avishek Nag

Articles

With the emergence of various types of applications such as delay-sensitive applications, future communication networks are expected to be increasingly complex and dynamic. Network Function Virtualization (NFV) provides the necessary support towards efficient management of such complex networks, by virtualizing network functions and placing them on shared commodity servers. However, one of the critical issues in NFV is the resource allocation for the highly complex services; moreover, this problem is classified as an NP-Hard problem. To solve this problem, our work investigates the potential of Deep Reinforcement Learning (DRL) as a swift yet accurate approach (as compared to integer linear …

Metrics For Performance Quantification Of Adaptive Mesh Refinement, Nicole Beisiegel, Cristóbal E. Castro, Jörn Behrens

Articles

Non-uniform, dynamically adaptive meshes are a useful tool for reducing computational complexities for geophysical simulations that exhibit strongly localised features such as is the case for tsunami, hurricane or typhoon prediction. Using the example of a shallow water solver, this study explores a set of metrics as a tool to distinguish the performance of numerical methods using adaptively refined versus uniform meshes independent of computational architecture or implementation. These metrics allow us to quantify how a numerical simulation benefits from the use of adaptive mesh refinement. The type of meshes we are focusing on are adaptive triangular meshes that are …

Using A Hybrid Agent-Based And Equation Based Model To Test School Closure Policies During A Measles Outbreak, Elizabeth Hunter, John D. Kelleher

Articles

Background

In order to be prepared for an infectious disease outbreak it is important to know what interventions will or will not have an impact on reducing the outbreak. While some interventions might have a greater effect in mitigating an outbreak, others might only have a minor effect but all interventions will have a cost in implementation. Estimating the effectiveness of an intervention can be done using computational modelling. In particular, comparing the results of model runs with an intervention in place to control runs where no interventions were used can help to determine what interventions will have the greatest …

The Prospect Of Microwave Heating: Towards A Faster And Deeper Crack Healing In Asphalt Pavement, Shi Xu, Xueyan Liu, Amir Tabakovic, Erik Schlangen

Articles

Microwave heating has been shown to be an effective method of heating asphalt concrete and in turn healing the damage. As such, microwave heating holds great potential in rapid (1–3 min) and effective damage healing, resulting in improvement in the service life, safety, and sustainability of asphalt pavement. This study focused on the microwave healing effect on porous asphalt concrete. Steel wool fibres were incorporated into porous asphalt to improve the microwave heating efficiency, and the optimum microwave heating time was determined. Afterwards, the microwave healing efficiency was evaluated using a semi–circular bending and healing programme. The results show that …

Identifying Predictors Of Peripheral Intravenous Catheter Failure Using A Novel Combination Of Clinical And Ultrasonographic Assessments, Amit Bahl, Steven Johnson, Nicholas Mielke, Patrick Karabon

Articles

No abstract provided.

Associations Between Dietary Patterns And Inflammatory Markers During Pregnancy: A Systematic Review, Kuan-Lin Yeh, Amber Kautz, Barbara A. Lohse, Susan W. Groth

Articles

Elevated inflammation in pregnancy has been associated with multiple adverse pregnancy outcomes and potentially an increased susceptibility to future chronic disease. How maternal dietary patterns influence systemic inflammation during pregnancy requires further investigation. The purpose of this review was to comprehensively evaluate studies that assessed dietary patterns and inflammatory markers during pregnancy. This review was guided by the Preferred Reporting Items for Systematic Review and Meta-Analyses. Included studies were sourced from EMBASE, PubMed, Web of Science, and Scopus and evaluated using The Quality Assessment Tool for Quantitative Studies. Inclusion criteria consisted of human studies published in English between January 2007 …

Towards A Blockchain Assisted Patient Owned System For Electronic Health Records, Tomilayo Fatokun, Avishek Nag, Sachin Sharma

Articles

Security and privacy of patients’ data is a major concern in the healthcare industry. In this paper, we propose a system that activates robust security and privacy of patients’ medical records as well as enables interoperability and data exchange between the different healthcare providers. The work proposes the shift from patient’s electronic health records being managed and controlled by the healthcare industry to a patient-centric application where patients are in control of their data. The aim of this research is to build an Electronic Healthcare Record (EHR) system that is layered on the Ethereum blockchain platform and smart contract in …

Diagnostics Of A Large Volume Pin-To-Plate Atmospheric Plasma Source For The Study Of Plasma Species Interactions With Cancer Cell Cultures, Laurence Scally, Chaitanya Sarangapani, Brijesh Tiwari, Renee Malone, Hugh Byrne, James Curtin, P.J. Cullen

Articles

A large gap pin-to-plate, atmospheric pressure plasma reactor is demonstrated as means of in vitro study of plasma species interactions with cell cultures. By employing optical emission and optical absorption spectroscopy, we report that the pin-to-pate plasma array had an optimal discharge frequency for cell death of 1000 Hz in ambient air for the target cancer cell line; human glioblastoma multiform (U-251MG). The detected plasma chemistry contained reactive oxygen and nitrogen species including OH, N₂, N₂⁺, and O₃. We show that, by varying the plasma discharge frequency, the plasma chemistry can be tailored …

The Norms Of Algorithmic Credit Scoring, Nikita Aggarwal

Articles

This article examines the growth of algorithmic credit scoring and its implications for the regulation of consumer credit markets in the UK. It constructs a frame of analysis for the regulation of algorithmic credit scoring, bound by the core norms underpinning UK consumer credit and data protection regulation: allocative efficiency, distributional fairness and consumer privacy (as autonomy). Examining the normative trade-offs that arise within this frame, the article argues that existing data protection and consumer credit frameworks do not achieve an appropriate normative balance in the regulation of algorithmic credit scoring. In particular, the growing reliance on consumers' personal data …

Contaminated Relationships In The Opioid Crisis, Benjamin Mcmichael, Elissa Philip Gentry

Articles

Unlike past public health crises, the opioid crisis arose from within the healthcare system itself. Entities within that system, particularly opioid manufacturers, may bear some liability in sparking and perpetuating the current crisis. Unsurprisingly, the allegations underlying the thousands of claims filed in connection with the opioid crisis differ substantially. However, almost all of those claims rely, to some degree, on the strength of the relationship between opioid manufacturers and the healthcare providers who prescribed their products.

This Article argues that the underlying relationship is the heart of the crisis and that this problematic relationship is by no means a …

The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier

Articles

Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and the U.S. Supreme Court has endorsed companies’ ability to block class actions through mandatory individual arbitration clauses. Are class action waivers serving the interests of society or are they facilitating socially harmful business practices? This paper synthesizes and extends the existing law and economics literature by analyzing the firms’ incentive to impose class action waivers. While in many settings the firms’ incentive to block class actions may be aligned with maximizing social welfare, in many other settings it …

The Moral Ambiguity Of Public Prosecution, Gabriel S. Mendlow

Articles

Classic crimes like theft and assault are in the first instance wrongs against individuals, not against the state or the polity that it represents. Yet our legal system denies crime victims the right to initiate or intervene in the criminal process, relegating them to the roles of witness or bystander—even as the system treats prosecution as an institutional analog of the interpersonal processes of moral blame and accountability, which give pride of place to those most directly wronged. Public prosecution reigns supreme, with the state claiming primary and exclusive moral standing to call offenders to account for their wrongs. Although …

Antitrust Antitextualism, Daniel A. Crane

Articles

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon:judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and conservative …

Delegation At The Founding, Julian Davis Mortenson, Nicholas Bagley

Articles

This article refutes the claim that the Constitution was originally understood to contain a nondelegation doctrine. The founding generation didn’t share anything remotely approaching a belief that the constitutional settlement imposed restrictions on the delegation of legislative power---let alone by empowering the judiciary to police legalized limits. To the contrary, the overwhelming majority of Founders didn’t see anything wrong with delegations as a matter of legal theory. The formal account just wasn’t that complicated: Any particular use of coercive rulemaking authority could readily be characterized as the exercise of either executive or legislative power, and was thus formally valid regardless …

Acknowledgements As A Window Into Legal Academia, Jonathan Tietz, W. Nicholson Price Ii

Articles

Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion of solo authorship. It is often argued that this makes legal scholarship fundamentally different from scholarship in other fields, which is largely peer-reviewed by academics. We use acknowledgments in biographical footnotes from law review articles to probe the nature of legal knowledge co-production and de facto peer review in the legal literature. Using a survey and a textual analysis of about thirty thousand law review articles from 2008 to 2017, we examined the nature of knowledge …

The Aggravating Duty Of Non-Aggravation, Steven R. Ratner

Articles

International law's duty of non-aggravation requires states to avoid actions that might inflame an international dispute, both to maintain international peace and to preserve the effectiveness of judicial or arbitral proceedings. Yet parties on the receiving end of calls for non-aggravation --whether from the Security Council or at tribunal -- have little idea of what conduct they are expected to avoid. This state of affairs is most unfortunate in light of the centrality of this norm to the peaceful resolution of disputes and, in particular, examples of seemingly provocative and aggravating acts in recent years. This article attempts to give …

Suicide Prevention And Mood Disorders: Self-Exclusion Agreements For Firearms As A Suicide Prevention Strategy, Melvin G. Mcinnis, Stephen B. Thompson, Sofia D. Merajver, Carl E. Schneider

Articles

Suicide involves a complex set of behaviors and emotions that lead up to actions that may be based on planning and forethought or the result of impulse. While there are a host of antecedent circumstances the presence of a mood disorder, primarily depression, is the most common factor in suicide. While management of depression is recognized as important prevention strategy in depression, the means by which suicide occurs must be a critical element of prevention. Policies that lower access to the means for suicide will decrease the fatality. Guns are associated with half of suicides and the case fatality rate …

The Human Capital Management Movement In U.S. Corporate Law, George S. Georgiev

Articles

Corporations cannot exist without workers, yet workers are not part of the formal or informal governance structures established by U.S. corporate law. Commentators and policymakers have bemoaned this state of affairs for decades, to little avail. Since the mid-2010s, however, a concept related to workers, human capital management (HCM), has become an increasingly prominent part of U.S. corporate governance. HCM is premised on the notion that workers can be viewed as "assets" and ought to be managed just as carefully as firms manage physical and capital assets. In practice, HCM is an expansive concept that has been used to refer …

Automaticity Of Lexical Access In Deaf And Hearing Bilinguals: Cross-Linguistic Evidence From The Color Stroop Task Across Five Languages, Rain G. Bosworth, Sarah C. Tyler, Eli M. Binder, Jill P. Morford

Articles

The well-known Stroop interference effect has been instrumental in revealing the highly automated nature of lexical processing as well as providing new insights to the underlying lexical organization of first and second languages within proficient bilinguals. The present cross-linguistic study had two goals: 1) to examine Stroop interference for dynamic signs and printed words in deaf ASL-English bilinguals who report no reliance on speech or audiological aids; 2) to compare Stroop interference effects in several groups of bilinguals whose two languages range from very distinct to very similar in their shared orthographic patterns: ASL-English bilinguals (very distinct), Chinese-English bilinguals (low …

Symposium: Diamond Anniversary: 75 Years Of The Lanham Act, Jessica Litman

Articles

Thank you so much for inviting me. I think this is my fifth or sixth event with the Arts and Entertainment Law Journal. It’s always lots of fun, and I learn a lot. I’ve been spending the last couple of months doing a deep dive into everything Edward Sidney Rogers with no real agenda. I’m exploring what’s there, to see if there are any interesting stories I might tell. I found a few, so this afternoon I’ll tell one of them. I want to start with the mundane observation that intellectual prop-erty and intellectual property law are global. We’ve seen …

The Reincorporation Of Prisoners Into The Body Politic: Eliminating The Medicaid Inmate Exclusion Policy, Mira K. Edmonds

Articles

Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (“MIEP”). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the expansion of Medicaid eligibility under the Patient Protection and Affordable Care Act of 2010. It explores three reasons for eliminating the MIEP. First, the inclusion of incarcerated populations in Medicaid coverage would signify the final erasure from the Medicaid regime of the istinction between …

Deployment And Control Of Adaptive Building Facades For Energy Generation, Thermal Insulation, Ventilation And Daylighting: A Review, Hani Alkhatib, Philippe Lemarchand, Brian Norton, Dominic O'Sullivan

Articles

A major objective in the design and operation of buildings is to maintain occupant comfort without incurring significant energy use. Particularly in narrower-plan buildings, the thermophysical properties and behaviour of their façades are often an important determinant of internal conditions. Building facades have been, and are being, developed to adapt their heat and mass transfer characteristics to changes in weather conditions, number of occupants and occupant’s requirements and preferences. Both the wall and window elements of a facade can be engineered to (i) harness solar energy for photovoltaic electricity generation, heating, inducing ventilation and daylighting (ii) provide varying levels of …

Adapting To Remote Library Services During Covid-19., Lydia A. Howes, Lynne Ferrell, Geoffrey S. Pettys, Adam Roloff

Articles

In response to the COVID-19 pandemic and the subsequent Stay At Home order, the Southern Illinois University Medical Library utilized new technologies and implemented new virtual service models in order to improve internal communication, and to continue providing services and resources to patrons remotely. The changes happened quickly, and the librarians faced several challenges during this time, but things went smoothly overall and there were some considerable silver linings. Several of the newly adopted technologies, service models, and virtual resource offerings proved to be extremely effective and their use will continue beyond the duration of the pandemic.

Improved Walk Test Performance And Blood Pressure Responses In Men And Women Completing Cardiac Rehabilitation: Implications Regarding Exercise Trainability, Felipe Araya-Ramirez, Jose Moncada-Jimenez, Peter W. Grandjean, Barry A. Franklin

Articles

Purpose. To evaluate changes in walk test performance and blood pressure (BP) responses following a 12-week exercise-based outpatient cardiac rehabilitation (CR) program. Methods. Six-Minute Walk Test (6MWT) and resting systolic BP (SBP), diastolic BP (DBP), post-6MWT heart rate (HR), and post-6MWT BPs were measured before and after CR in 311 (237 men,74 women) patients. Using age as a covariate, 2 by 2 (Gender × Measurement) ANCOVAs were used to determine differences in 6MWT performance and hemodynamic variables. Results. After adjusting for age, men covered a greater 6MWT distance than women; pre-CR versus post-CR program values are as follows: men, 429.3 …

Impact Of Dynamic Sub-Populations Within Grafted Chains On The Protein Binding And Colloidal Stability Of Pegylated Nanoparticles, Delyan Hristov, Hender Lopez, Yannick Ortin, Kate O'Sullivan, Kenneth A. Dawson, Dermot F. Brougham

Articles

Polyethylene glycol grafting has played a central role in preparing the surfaces of nano-probes for biological interaction, to extend blood circulation times and to modulate protein recognition and cellular uptake. However, the role of PEG graft dynamics and conformation in determining surface recognition processes is poorly understood primarily due to the absence of a microscopic picture of the surface presentation of the polymer. Here a detailed NMR analysis reveals three types of dynamic ethylene glycol units on PEG-grafted SiO2 nanoparticles (NPs) of the type commonly evaluated as long-circulating theranostic nano-probes; a narrow fraction with fast dynamics associated with the chain …