Digital Commons Network^™

A Critical Evaluation Of The Effectiveness And Legitimacy Of Webblocking Injunctions, Mark Hyland

Articles

Relative to the dual criteria of effectiveness and legitimacy, this article evaluates webblocking injunctions in the context of intellectual property law and with a particular focus on the vanguard role played by the English Courts. With regard to the first criterion, it is argued that there is reason to think that webblocking injunctions are viewed by IP owners as well as by legislators and courts as a relatively effective instrument in the protection of IP assets. Moreover, the extension of webblocking orders to trade marks together with their adoption in a number of legal systems, is further evidence that these …

D. Benjamin Beard: A Law Professor For All Seasons, Richard Henry Seamon

Articles

No abstract provided.

Religious Liberty In A Pandemic, Caroline Mala Corbin

Articles

The coronavirus pandemic caused an unprecedented shutdown of the United States. The stay-at-home orders issued by most states typically banned large gatherings of any kind, including religious services. Churches sued, arguing that these bans violated their religious liberty rights by treating worship services more strictly than analogous activities that were not banned, such as shopping at a liquor store or superstore. This Essay examines these claims, concluding that the constitutionality of the bans turns on the science of how the pathogen spreads, and that the best available scientific evidence supports the mass gathering bans.

Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr

Articles

Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. This debate has been almost entirely devoid of evidence about the laws’ effects, in part because the necessary data (such as sealed records themselves) have been unavailable. We were able to obtain access to de-identified data that overcome that problem, and we use it to carry out a comprehensive statewide study of expungement recipients and comparable nonrecipients in Michigan. We offer three key sets of empirical findings. First, among those legally …

Precedent And Discretion, William Baude

Articles

Supreme Court precedent is a topic of perennial prominence. The Court overruled or severely limited multiple precedents last year, just as it did the year before that. Because of our widely-repeated norm of stare decisis, every overruling is criticized. Scholars have then debated whether the Court needs a stronger norm of stare decisis, so that it overrules fewer cases.

The Chicago School's Limited Influence On International Antitrust, Adam Chilton, Anu Bradford, Filippo Lancieri

Articles

No abstract provided.

The Machinery Of International Law And Democratic Backsliding: The Problem Of Term Limits, Tom Ginsburg

Articles

Utilizing a comprehensive panel dataset spanning from 1900 to 2020, this study introduces an innovative methodology for the analysis and categorization of legal documents, specifically national constitutions. Contrary to the predominant reliance on unsupervised methods within the field, this research incorporates a supervised machine-learning approach, notably the SEMMS method, alongside traditional unsupervised algorithms. This dual approach facilitates a nuanced analysis of the human rights provisions contained within national constitutions, resulting in the identification of both traditional and novel constitutional groupings. Broadly speaking, the more traditional common law-civil law divide does not seem particularly relevant in this context. Furthermore, our methodology …

Constitutionalism In Unexpected Places, Farah Peterson

Articles

No abstract provided.

Common Law Judging In An Age Of Statutes, Douglas Baird

Articles

No abstract provided.

Judge Wood Meets International Tax, Julie Roin

Articles

No abstract provided.

Historical Gloss, Madisonian Liquidation, And The Originalism Debate, Curtis A. Bradley, Neil S. Siegel

Articles

The U.S. Constitution is old, relatively brief, and very difficult to amend.In its original form, the Constitution was primarily a framework for a new national government, and for 230 years the national government has operated under that framework even as conditions have changed in ways beyond the Founders’ conceivable imaginations.The framework has survived in no small part because government institutions have themselves played an important role in helping to fill in and clarify the framework through their practices and interactions, informed by the realities of governance.Courts, the political branches, and academic commentators commonly give weight to such post-Founding governmental practice …

The Failed Transparency Regime For Executive Agreements: An Empirical And Normative Analysis, Oona A. Hathaway, Curtis A. Bradley, Jack L. Goldsmith

Articles

The Constitution specifies only one process for making international agreements. Article II states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” The treaty process has long been on a path to obsolescence, however, with fewer and fewer treaties being made in each presidential administration. Nevertheless, the United States has not stopped making international agreements. Even as Article II treaties have come to a near halt, the United States has concluded hundreds of binding international agreements each year. These agreements, known as …

Zombie Energy Laws, Joshua C. Macey

Articles

This Article traces the development of three legal rules—cost recovery for vertically integrated utilities, the requirement that regulators assess the financial viability of energy projects before issuing a certificate of public convenience and necessity, and the filed rate doctrine—that emerged out of the view that electric power companies should be shielded from market forces. It argues that important elements of these legal rules have become “zombie energy laws.” Zombie energy laws are statutes, regulations, and judicial precedents that continue to apply after their underlying economic and legal bases dissipate. Zombie energy laws were originally designed to protect consumers by, among …

An Evaluation Of Sonication Pretreatment For Enhancing Saccharification Of Brewers’ Spent Grain, Shady Hassan, Rajeev Ravindran, Swarna Jaiswal, Brijesh K. Tiwari, Gwilym A. Williams

Articles

This paper deals with the investigation of ultrasound (US) pretreatment of brewer’s spent grain (BSG) as ameans of releasing fermentable sugars, and the subsequent production of ethanol from this lignocellu-losic biomass. Using response surface methodology (RSM), the influence of US power, time, temperatureand biomass loading on fermentable sugar yield from BSG was studied. The optimal conditions werefound to be 20% US power, 60 min, 26.3°C, and 17.3% w/v of biomass in water. Under these conditions,an approximate 2.1-fold increase in reducing sugar yield (325 ± 6 mg/g of biomass) was achieved, relativeto untreated BSG (151.1 ± 10 mg/g of biomass). In …

Expounding The Constitution, Farah Peterson

Articles

No abstract provided.

No Longer A ‘Collateral Consequence’: Imprisonment And The Reframing Of Citizenship, Cormac Behan

Articles

This article examines the impact of imprisonment on citizenship. It identifies how civil, political and social rights are circumscribed with a sentence of imprisonment, and scrutinizes to what extent citizenship is limited for prisoners. Drawing on recent developments in England and Wales, it contends that citizenship has been eroded, not as a ‘collateral consequence’ of imprisonment, but rather as a determined penal policy. The boundaries of punishment have become blurred, moving from criminal justice institutions, and extending towards what is termed civil and political penality. Finally, it argues that, because citizenship in prison is inevitably framed around the differences between …

Transition Without Transformation: The Legacy Of Sudan's Comprehensive Peace Agreement, Gene Carolan

Articles

In recent years, the transitional justice framework has expanded to include a broader notion of transformative justice, which strives for socio-political reform in addition to legal accountability. Over the course of two civil wars, Sudan has grappled with various attempts at transition and transformation with mixed results. Though the 2005 Comprehensive Peace Agreement brought an end to decades of North–South conflict, South Sudan’s subsequent descent into civil war has been characterised by a flawed transition and a lack of any immediate transformative potential. This paper analyses the Comprehensive Peace Agreement’s transitional mechanisms. In doing so, it explores how certain mechanisms …

The Relationship Between Financial Distress And Well-Being: Exploring The Role Of Self-Employment, Jenny Berrill, Damien Cassells, Martha O’Hagan-Luff, André Van Stel

Articles

No abstract provided.

On The Chirp Function, The Chirplet Transform And The Optimal Communication Of Information, Jonathan Blackledge

Articles

—The purpose of this extended paper is to provide a review of the chirp function and the chirplet transform and to investigate the application of chirplet modulation for digital communications, in particular, the transmission of binary strings. The significance of the chirp function in the solution to a range of fundamental problems in physics is revisited to provide a background to the case and to present the context in which the chirp function plays a central role, the material presented being designed to show a variety of problems with solutions and applications that are characterized by a chirp function in …

Anti-Resonance, Inhibited Coupling And Mode Transitionin Depressed Core Fibers, Xiaokang Lian, Gerald Farrell, Qiang Wu, Wei Han, Changyu Shen, Youqiao Ma, Yuliya Semenova

Articles

The depressed core fiber (DCF), consisting of a low-index solid core, a high-index cladding and air surrounding, is in effect a bridge between the conventional step-index fiber and the tube-type hollow-core fiber from the point of view of the index profile. In this paper the dispersion diagram of a DCF is obtained by solving the full-vector eigenvalue equations and analyzed using the theory of anti-resonant and the inhibited coupling mechanisms. While light propagation in tube-type hollow-core fibers is commonly described by the symmetric planar waveguide model, here we propose an asymmetric planar waveguide for the DCFs in an anti-resonant reflecting …

Optimal Sizing Of Energy Storage With Embedded Wind Power Generation, Nicholas Roche, Jane Courtney

Articles

Energy storage technologies are key to increased penetration of renewable energies on the distribution system. Not only do they increase availability of energy, but they contribute to the overall reliability of the system. However, the cost of large-scale storage systems can often be prohibitive, and storage needs to be sized appropriately, both to fill the energy gaps inevitable in renewable energies such as wind and to minimize costs. In this work, a Monte Carlo Simulation is performed to optimally size an energy storage system while minimizing overall system cost. 30 years of historical wind speed data are used to model …

Impact Assessment Of High-Power Domestic Ev Charging Proliferation Of A Distribution Network, Arsalan Zaidi, Keith Sunderland, Michael Conlon

Articles

Transport electrification is becoming the mainstream as a means to improve efficiency, performance, andsustainability of transportation systems. Electrical vehicles (EVs) can help to de-carbonise the environment, but a downside isthe technical issues presented to the low-voltage distribution network. To quantify the stochastic nature of transport-affectedelectrification, probabilistic load flow is employed. Monte Carlo-based simulation is applied to accommodate the probabilisticuncertainties associated with variable EV charging patterns. This study considers high-power charging (up to 11 kW) at thedomestic level while monitoring power quality variations (voltage drop, voltage unbalance factor, voltage sag) standards. Thiswork focuses on the Irish and UK, distribution system operator's–transmission …

Willingness To Pay For Improved Vision In Mozambique, Stephen Thompson, Kovin Naidoo, Carmen Gonzalez-Alvarez, Geoff Harris, James Loughman

Articles

The burden of vision impairment due to uncorrected refractive error (needing spectacles) in Mozambique is known to be significant. To improve the planning and provision of eye health services, a better understanding of how vision is valued by patients is needed. The willingness to pay (WTP) for improved vision through correcting refractive error was investigated in Nampula, Mozambique, using stated choice and bidding game methodologies. The mean WTP values were found to be 388.92 Meticals (US$13) for stated choice and 469.89 Meticals (US$16) for the bidding game. The mean WTP values for rural dwellers were found to be lower than …

A Comparison Of High-End Methods For Topographic Modelling Of A Coastal Dune Complex, Chen Suo, Eugene Mcgovern, Alan Gilmer, Conor Cahalane

Articles

In recent years, increasing tourism and development in the coastal dune area of the South East of Ireland have resulted in greater pressure on the environment, resulting in issues including soil erosion, flooding and habitat loss. Topographic mapping across a dune field is important for the development of targeted land management actions that maintain biodiversity and ecological functions. Developments in surveying technology, including LiDAR, terrestrial laser scanners (TLS) and aerial surveying from Remotely Piloted Aircraft Systems (RPAS), have enabled high-resolution and high-accuracy spatial data to be gathered quickly and relatively easily for 3D topographic modelling of a coastal dune complex. …

Childminders’ Close Relationship Model Of Praxis: An Ecocultural Study In Ireland, Miriam O'Regan, Ann Marie Halpenny, Nóirín Hayes

Articles

The present study seeks to address the dearth of research focussed on childminding (family day care or family childcare) in Ireland, despite its significant role in national childcare provision. One overarching aim was to explore childminders’ cultural models of praxis and pedagogy in the Irish context. The research was conducted within the theoretical framework of Ecocultural Theory (ECT) (Weisner, 2002. “Ecocultural Understanding of Children’s Developmental Pathways.” Human Development 1759: 275–281), referencing concepts in Attachment Theory, in the context of historical and current policy in Ireland, Europe and the US over the last 30 years. A mixed method approach was adopted …

“The Very Essence Of French Cinema”(?): Jacques Feyder’S Return To France, 1944–1948, Barry Nevin

Articles

No abstract provided.

Framing “L’Âme Des Personnages”: Performance And Affect In Jacques Feyder’S Pension Mimosas (1935), Barry Nevin

Articles

Although Jacques Feyder's authorial control over his productions and his direction of actors constituted two of the most widely appreciated aspects of his approach to filmmaking during his own lifetime, the impact of each on his mise en scene has received little critical attention. This article aims to remedy this oversight by linking both aspects in three stages: first, drawing on contemporary periodicals, recollections of Feyder's performers and his own writings, it illustrates Feyder's preoccupation with the creation of in-depth psychological portraits through his actors; second, focusing on Pension Mimosas (1935), it demonstrates that Feyder's technical style, although aligned closely …

(Re)Visions Of The Outre-Mer: Looking At The Male Gaze In Jacques Feyder’S Le Grand Jeu (1934), Barry Nevin

Articles

Cinéma colonial is regarded by certain scholars as a highly conventionalised and commercialised film practice that grants spectators a sense of control over the potentially threatening colonial Other, and Belgian director Jacques Feyder has been subject to particularly harsh criticism in this regard. This article argues that Feyder’s Le Grand Jeu (1934), which depicts a young legionnaire’s relationship with a cabaret singer who bears an uncanny resemblance to a previous lover who jilted him in Paris, challenges dominant tendencies in portrayals of gender and colonialism in French cinema of the 1930s. Drawing on the relationship between Laura Mulvey’s theorisation of …

Greenbury Report (Uk), Maeve O'Connell, Anne Marie Ward

Articles

The Greenbury Report on Directors Remuneration (1995) (hereafter called the Greenbury Report) was one of the first comprehensive governance codes directly addressing executive and director remuneration. The Greenbury Report was commissioned by the Confederation of British Industry in response to public concerns over recently privatized public utilities and the salaries and bonuses earned by executives, while they implemented job cuts, and service price increases.

The Greenbury Report recommended an independent remuneration committee, linking executive pay to corporate financial and operational performance measures, and increased the requirements for disclosure and transparency on directors’ remuneration. However, the credibility of the Greenbury Report …

Brent Crude Oil Prices Volatility During Major Crises, Miroslava Zavadska, Lucia Morales, Joseph Coughlan

Articles

Volatility patterns in Brent crude oil spot and futures prices are examined during four major crises that significantly affected the oil markets: the First Gulf war 1990/91; the Asian Financial crisis 1997/98; the US terrorist attack 2001; and the Global Financial crisis 2008/9. The selected crises arose due to different triggers having diverse implications for oil market participants. The outcomes reveal higher levels of volatility during crises that was directly associated with oil supply/demand disruptions and higher volatility persistence during financial/economic crises, indicating that volatility persistence is a key issue when uncertainty is derived from global economic and financial instability.