Digital Commons Network^™

Fraying The Knot: Marital Property, Probate, And Practical Problems With Tribal Bans, Suzianne D. Painter-Thorne

Articles

In the summer of 2015, marriage equality advocates celebrated the Supreme Court’s decision in Obergefell v. Hodges, which struck down state prohibitions on same-sex marriage.The Court found that “[t]he right of same-sex couples to marry . . . is part of the liberty promised by the Fourteenth Amendment.” Two years earlier, the Court had struck down parts of the federal Defense of Marriage Act (DOMA), finding that the federal government could not discriminate against same-sex married partners. With these two decisions, the Court ensured that the marriages of same-sex couples would be recognized by the federal government and in …

Who’S Afraid Of Uber?, Jeremy Kidd

Articles

Ride-sharing has disrupted the transportation-for-hire industry, breaking down barriers to entry that have protected entrenched incumbents for decades. The disruption has led to calls for increased regulation, along with criticisms about the effect of innovation on consumer safety, market stability, rule of law, and other areas. That disruption, however, has also led to tremendous benefits to consumers as they are freed from a regulatory regime that limited their transportation choices and forced them to pay higher prices for lower quality service. The same type of disruptive innovation is upon us in almost every area of our economy. How we deal …

The Presence Of The Aca Box In Archaeal H/Aca Guide Rnas Promotes Atypical Pseudouridylation., Mrinmoyee Majumder, Shaoni Mukhopadhyay, Parinati Kharel, Ramesh Gupta

Articles

Archaea and eukaryotes, in addition to protein-only enzymes, also possess ribonucleoproteins containing an H/ACA guide RNA plus four proteins that produce pseudouridine (Ψ). Although typical conditions for these RNA-guided reactions are known, certain variant conditions allow pseudouridylation. We used mutants of the two stem-loops of the

Disability Rights And The Discourse Of Justice., Samuel Bagenstos

Articles

Although the ADA has changed the built architecture of America and dramatically increased the visibility of disabled people, it has not meaningfully increased disability employment rates. And the statute continues to provoke a backlash. Disability rights advocates and sympathizers offer two principal stories to explain this state of affairs. One, the “lost-bipartisanship” story, asserts that disability rights were once an enterprise broadly endorsed across the political spectrum but that they have fallen prey to the massive rise in partisan polarization in the United States. The other, the “legal-change-outpacing-social- change” story, asserts that the ADA was essentially adopted too soon—that the …

The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman

Articles

No abstract provided.

The Effects Of Anti-Immigrant Laws In The U.S. On Victims Of Domestic Violence, Sexual Assault, And Human Trafficking: A Gender-Based Human Rights Analysis, Caroline Bettinger-López, Jamila Flomo, Amanda Suarez

Articles

No abstract provided.

Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church

Articles

Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant evidence suggesting a meaningful return on investment. This Article argues that without a change in the values held by the system, increased funding will not address the public health problems of child abuse and neglect.

Enhancing Oil Spill Response Capacities In The South Baltic Sea Region Via Cross-Border Utilization Of Biodegradable Oil Binders, Dimitrios Dalaklis, Anastasia Christodoulou, Henrik Nilsson, Jennie Larsson, Anne Pazaver

Articles

Occurrences of oil spills are responsible for very significant environmental degradation; they are more likely to happen in areas with dense shipping traffic, or in the close vicinity of transport pipelines and/or other infrastructures used for production and processing purposes. Without international co-operation, individual countries often lack sufficient resources and assets to successfully respond to largescale oil spill incidents. This can be related to the vast quantities of oil involved in those incidents, or the lack of necessary special equipment for dealing with the tasks at hand by the country under the need to respond. For the successful resolution of …

Lumping, Fairness, And Single People, Michael C. Pollack

Articles

This essay explores the distributional impact that three forms of lumping have on single people without children: seat-assignment and seat-bargaining on public transportation, work-hour allocation, and single-family zoning. The first two involve lumps pursued by individuals outside of any legal regime; the last involves lumping by law. In all three, I submit, we tend to choose to devalue—or perhaps do not even perceive—the costs faced by the single person, and to assign relatively juiced-up value to the costs faced by those with families. The result in these arenas is that both society and law routinely externalize (hidden) costs onto single …

Coronavirus, Telecommuting, And The ‘Employer Convenience’ Rule, Edward A. Zelinsky

Articles

In this article, Zelinsky criticizes New York’s income tax penalty for nonresident telecommuters, particularly in the context of the coronavirus emergency.

Assessing The Correlation Of Microscopy-Based And Volumetry-Based Measurements For Resin Swelling In A Range Of Potential Greener Solvents For Spps, Jordan K. Magtaan, Marc Devocelle, Fintan Kelleher

Articles

The degree of resin swelling in a particular solvent system is one of the critical parameters for SPPS, and for solid phase synthesis, in general. Methods used for measuring the degree of resin swelling include microscopy-based and volumetry-based methods. This study describes, and compares, the use of both methods for a number of commercially available resins commonly used in SPPS, with a range of solvents which have been identified in the literature as “greener” than DCM, DMF and NMP. The results were analysed by statistical methods and a significant correlation between the two distinct methods has been demonstrated for the …

Study Of The Effect Of Methyldiethanolamine Initiator On The Recording Properties Of Acrylamide Based Photopolymer, Brian Rogers, Izabela Naydenova, Suzanne Martin

Articles

The use of Holographic Optical Elements (HOEs) in applications, such as in light shaping and redirection, requires certain characteristics such as a high Diffraction Efficiency, low angular selectivity and stability against UV damage. In order to maximize the performance of the HOEs, photosensitive materials are needed that have been optimised for the characteristics that are of particular importance in that application. At the core of the performance of these devices is the refractive index modulation created during holographic recording. Typically, a higher refractive index modulation will enable greater light Diffraction Efficiency and also operation with thinner devices, which in turn …

Corporate Law And The Myth Of Efficient Market Control, William Wilson Bratton, Simone M. Sepe

Articles

In recent times, there has been an unprecedented shift in power from managers to shareholders, a shift that realizes the long-held theoretical aspiration of market control of the corporation. This Article subjects the market control paradigm to comprehensive economic examination and finds it wanting.

The market control paradigm relies on a narrow economic model that focuses on one problem only: management agency costs. With the rise of shareholder power, we need a wider lens that also takes in market prices, investor incentives, and information asymmetries. General equilibrium (GE) theory provides that lens. Several lessons follow from reference to this higher-order …

Capturing The City’S Heritage On-The-Go: Design Requirements For Mobile Crowdsourced Cultural Heritage, Bas Hannewijk, Federica Lucia Vinella, Vassilis-Javed Khan, Ioanna Lykourentzou, Konstantinos Papangelis, Judith Masthoff

Articles

Intangible Cultural Heritage is at a continuous risk of extinction. Where historical artefacts engine the machinery of intercontinental mass-tourism, socio-technical changes are reshaping the anthropomorphic landscapes everywhere on the globe, at an unprecedented rate. There is an increasing urge to tap into the hidden semantics and the anecdotes surrounding people, memories and places. The vast cultural knowledge made of testimony, oral history and traditions constitutes a rich cultural ontology tying together human beings, times, and situations. Altogether, these complex, multidimensional features make the task of data-mapping of intangible cultural heritage a problem of sustainability and preservation. This paper addresses a …

The Impact Of A Spatial Occlusion Training Intervention On Pass Accuracy Across A Continuum Of Representative Experimental Design In Football, Alan Dunton, Cian O' Neill Phd, Edward K. Coughlan Phd

Articles

Introduction: The ability to successfully complete a pass in football can positively impact the result of the game. While previous work has identified the importance of perceptual behaviours before and during passing action, there is a paucity of research analysing the impact of training interventions on pass performance.

Methods: A tri-phasic approach was employed to assess the impact of training with spatial occlusion goggles. Each phase was designed to assess participants’ ability to control and pass a football during a representative experimental task. The study design consisted of a pre-test, 2-week training intervention, post-test and 2-week retention test. …

Three-Phase Hydrodynamic Simulation And Experimental Validation Of An Upflow Anaerobic Sludge Blanket Reactor, Camila D' Bastiani, Jéferson Luis Alba, Gabriel Tomazzoni Mazzarotto, Severino Rodrigues De Farias Neto, Anthony Reynolds, David Kennedy, Lademir Luiz Beal

Articles

This research focuses on performing multiphase solid/liquid/gas CFD simulations of a UASB reactor in order to obtain a validated model that provides a clearer understanding of the hydrodynamic behaviour of the three phases in UASB reactors. Eulerian–Eulerian, laminar, three-dimensional, multiphase simulations are carried out using Fluent 16.2. The liquid phase velocity and flow profile are validated through PIV experiments. A liquid mean velocity difference of 8.45% is found between the experimental and numerical results, thus validating the CFD model. Shadowgraphy is applied successfully to validate the biogas phase velocity and bubble size. Based on the hydrodynamic analysis results, the reactor …

Sport Diplomacy And Uk Soft Power: The Case Of Mount Everest, Richard Woodward

Articles

Sport is widely acknowledged as an important contributor to the United Kingdom’s soft power resources. This article aims to broaden and deepen our understanding of sport and soft power in the United Kingdom through a case study of British expeditions to, and the eventual conquest of, Mount Everest. Based on original archival research, the article demonstrates that British state institutions intervened systematically and strategically to expedite, and massage the story of, the ascent of Everest to burnish British prestige and present a favourable image to the world. In doing so, the article provides evidence that sport has been intrinsic to …

Phenology-Dependent Cold Exposure And Thermal Performance Of Ostrinia Nubilalis Ecotypes, Crista B. Wadsworth, Yuta Okada, Erik B. Dopman

Articles

Background Understanding adaptation involves establishing connections between selective agents and beneficial population responses. However, relatively little attention has been paid to seasonal adaptation, in part, because it requires complex and integrative knowledge about seasonally fluctuating environmental factors, the effects of variable phenology on exposure to those factors, and evidence for temporal specialization. In the European corn borer moth, Ostrinia nubilalis, sympatric pheromone strains exploit the same host plant (Zea mays) but may genetically differ in phenology and be reproductively “isolated by time.” Z strain populations in eastern North America have been shown to have a prolonged larval diapause and produce …

Assessing The Sustainability Implications Of Autonomous Vehicles: Recommendations For Research Community Practice, Eric Williams, Vivekananda Das, Andrew Fisher

Articles

Autonomous vehicles (AV) are poised to induce disruptive changes, with significant implications for the economy, the environment, and society. This article reviews prior research on AVs and society, and articulates future needs. Research to assess future societal change induced by AVs has grown dramatically in recent years. The critical challenge in assessing the societal implications of AVs is forecasting how consumers and businesses will use them. Researchers are predicting the future use of AVs by consumers through stated preference surveys, finding analogs in current behaviors, utility optimization models, and/or staging empirical “AV-equivalent” experiments. While progress is being made, it is …

A Novel Self-Healing System: Towards A Sustainable Porous Asphalt, Shi Xu, Xueyan Liu, Amir Tabakovic, Erik Schlangen

Articles

Self-healing asphalt, aimed to produce a sustainable asphalt pavement using green technology, has been studied in the past two decades. Technologies including encapsulated rejuvenator and induction heating have been proposed, demonstrated in the laboratory, and gradually evaluated in field application. This paper looks into the synergy effect of the above two technologies, where induction heating serves as the asphalt damage repair mechanism, requiring just 2 min heating time and encapsulated rejuvenator will replenish (rejuvenate) aged asphalt binder and reinstate bitumen’s healing ability. Moreover, the increased temperature from induction heating could in turn accelerate the diffusion process of rejuvenator into aged …

Congressional Power To Guarantee State Democracy, Benjamin Plener Cover

Articles

No abstract provided.

The Influence Of Road Geometry On Vehicle Rollover And Skidding, Yanna Yin, Huiying Wen, Lu Sun, Wei Hou

Articles

This paper analyzes the influence of single and combined unfavorable road geometry on rollover and skidding risks of D-class mid-sized sport utility vehicles (SUVs) with front-wheel drive for roads with design speeds at 80 km/h. A closed-loop simulation model of human-vehicle-road interactions is established to examine the systematic influence of road geometry on vehicle rollover and skidding. The effects of different road geometry on rollover and skidding on SUVs are studied for pavement surface with good and poor friction when vehicles are in the action of steady state cornering. The rollover and skidding risks of the most unfavorable road segments …

The Relationship Between Serum Zinc Levels And Myopia, Niamh Burke, John Butler, Daniel Ian Flitcroft, James Loughman

Articles

Clinical significance: Myopia is inherently associated with eye growth and thereby possibly amenable to nutritional influence. However, little attention has been given to possible die- tary influences. This study demonstrates that serum zinc does not play a role in myopia development. Background: Myopia is inherently associated with eye growth and thereby possibly amena- ble to nutritional influence. A number of Asian studies have reported lower levels of serum zinc in myopic children. This study was designed to assess the relationship between serum zinc and myopia in the Korean population – using a subsample of participants from nation- ally representative data.

Cultural Ip Vs. Commercial Ip, J. Janewa Osei-Tutu

Articles

No abstract provided.

The Dynamism Of Health Law: Expanded Insurance Coverage As The Engine Of Regulatory Reform, Gabriel Scheffler

Articles

Can law improve the delivery of health care? The predominant view is that law serves as a barrier to reforming the health care delivery system. Health law scholars of all stripes blame regulations for impeding innovation, limiting competition, and exacerbating fragmentation in health care.

I argue that this view neglects an important-but overlooked-feature of health law: the dynamic relationship between laws that expand health insurance coverage and laws that regulate the delivery of health care. By expanding health insurance coverage and increasing the demand for health care, laws such as Medicare, Medicaid and the Affordable Care Act catalyze policymakers to …

A Knock On Knick'S Revival Of Federal Takings Litigation, Stewart Sterk, Michael C. Pollack

Articles

In Knick v. Township of Scott, the United States Supreme Court held that a landowner who claimed to have suffered a taking at the hands of state or local officials could seek redress in federal court without the need to first seek compensation through state proceedings. This holding raises serious theoretical and practical concerns. On the theoretical side, Knick rests on the implicit assumption that states separate powers among branches of government in the same way the federal government does. It also relies on a second assumption: that relegating taking claims to state court makes them unique. Neither is …

The Myth Of Personal Liability: Who Pays When Bivens Claims Succeed, James E. Pfander, Alexander A. Reinert, Joanna C. Schwartz

Articles

In Bivens v. Six Unknown Named Agents, the Supreme Court held that federal law creates a right to sue federal officials for Fourth Amendment violations. For the last three decades, however, the Court has cited the threat of individual liability and the burden of government indemnification on agency budgets as twin bases for narrowing the right of victims to secure redress under Bivens. In its most recent decisions, Ziglar v. Abbasi and Hernandez v. Mesa, the Court said much to confirm that it now views personal liability less as a feature of the Bivens liability rule than …

Shareholder Theory/Shareholder Value, Maeve O'Connell, Anne Marie Ward

Articles

Shareholder theory states that the primary objective of management is to maximize shareholder value. This objective ranks in front of the interests of other corporate stakeholders, such as employees, suppliers, customers, and society.Shareholder theory argues that shareholders are the ultimate owners of a corporate’s assets, and thus, the priority for managers and boards is to protect and grow these assets for the benefit of shareholders. Shareholder theory assumes that shareholders value corporate assets with two measurable metrics, dividends and share price. There-fore, management should make decisions that maximize the combined value of dividends and share price increases. However, shareholder theory …

The Cost Of Novelty, Will Nicholson Price Ii

Articles

Patent law tries to spur the development of new and better innova­tive technology. But it focuses much more on “new” than “better”—and it turns out that “new” carries real social costs. I argue that patent law promotes innovation that diverges from existing technology, either a little (what I call “differentiating innovation”) or a lot (“exploring innova­tion”), at the expense of innovation that tells us more about existing technology (“deepening innovation”). Patent law’s focus on newness is unsurprising, and fits within a well-told narrative of innovative diversity accompanied by market selection of the best technologies. Unfortunately, innovative diversity brings not only …

Consumer Psychology And The Problem Of Fine Print Fraud, Roseanna Sommers, Meirav Furth-Matzkin

Articles

This Article investigates consumers' beliefs about contracts that are formed as a result of fraud. Across four studies, we asked lay survey respondents to judge scenarios in which sellers use false representations to induce consumers to buy products or services. In each case, the false representations are directly contradicted by the written terms of the contract, which the consumers sign without reading. Our findings reveal that lay respondents, unlike legally trained respondents, believe that such agreements are consented to and will be enforced as written, despite the seller's material deception. Importantly, fine print discourages consumers from wanting to take legal …