Digital Commons Network^™

New Juvenile Discovery Rules: Mandatory, Comprehensive, And Streamlined., Joshua B. Kay

Articles

The recently promulgated amendments and additions to the civil discovery rules include several changes affecting child protection and juvenile delinquency proceedings.1 The updates should make discovery in juvenile court matters more efficient by clarifying what is discoverable and requiring more timely exchange of information.

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Articles

Removing children from their parents is child welfare's most drastic intervention. Research clearly establishes the profound and irreparable damage family separation can inflict on children and their parents. To ensure that this intervention is only used when necessary, a complex web of state and federal constitutional principles, statutes, administrative regulations, judicial decisions, and agency policies govern the removal decision. Central to these authorities is the presumption that a healthy and robust child welfare system keeps families together, protects children from harm, and centers on the needs of children and their parents. Yet, research and practice-supported by administrative data-paint a different …

An Empirical Investigation Of Third Party Consumer Litigant Funding, Ronen Avraham, Anthony J. Sebok

Articles

This is the first large-scale empirical study of consumer third-party litigation funding in the United States. Despite being part of the American legal system for more than two decades there has been almost no real data-driven empirical study to date. We analyzed funding requests from American consumers in over 100,000 cases over a twelve year period. This proprietary data set was provided to us by one of the largest consumer litigation funder in the United States.

Our results are striking and important. We find that the funder plays an important role in the American legal system by screening cases. Our …

Eating Competent Parents Of 4th Grade Youth From A Predominantly Non-Hispanic White Sample Demonstrate More Healthful Eating Behaviors Than Non-Eating Competent Parents, Barbara A. Lohse, Melissa Pflugh Prescott, Leslie Cunningham-Sabo

Articles

The purpose of this study was to determine if the associations between eating competence (EC) and eating behaviors that were found in a USA sample of predominantly Hispanic parents of 4th grade youth could be replicated in a USA sample of predominantly non-Hispanic white parents of 4th graders. Baseline responses from parents (n = 424; 94% white) of youth participating in a year-long educational intervention were collected using an online survey. Validated measures included the Satter Eating Competence Inventory (ecSI 2.0TM), in-home fruit/vegetable (FV) availability, healthful eating behavior modeling, and FV self-efficacy/outcome expectancies (SE/OE). Data were analyzed with general linear …

What American Legal Education Can Learn From The 'Harry Potter' Series, Sarah Gerwig-Moore

Articles

Both legal education and a Hogwarts magical education involve a new way of seeing the world—an immersive and intense process requiring, in many ways, a transformation. Students need a new wardrobe for both law school and wizarding school—and an awful lot of puzzling and expensive textbooks. Both Hogwarts and law school have been accused of operating entirely apart from reality. One of these criticisms may be valid. ...

This lighthearted comparison to the Harry Potter stories can perhaps join other voices to help make a serious and important case for practical legal education. There are few principled reasons for not …

Quantifying Entanglement In A 68-Billion Dimensional Quantum State Space, James Schneeloch, Christopher C. Tison, Michael L. Fanto, Paul M. Alsing, Gregory A. Howland

Articles

Entanglement is the powerful and enigmatic resource central to quantum information processing, which promises capabilities in computing, simulation, secure communication, and metrology beyond what is possible for classical devices. Exactly quantifying the entanglement of an unknown system requires completely determining its quantum state, a task which demands an intractable number of measurements even for modestly-sized systems. Here we demonstrate a method for rigorously quantifying high-dimensional entanglement from extremely limited data. We improve an entropic, quantitative entanglement witness to operate directly on compressed experimental data acquired via an adaptive, multilevel sampling procedure. Only 6,456 measurements are needed to certify an entanglement-of-formation …

Framework To Estimate Total Particulate Mass And Nicotine Delivered To E-Cig Users From Natural Environment Monitoring Data, Edward Hensel, Nathan Eddingsaas, A. Gary Difrancesco, Shehan Jayasekera, Sean O'Dea, Risa Robinson

Articles

A framework describing the joint effect of user topography behavior and product characteristics of one exemplar device on the total particulate mass (TPM) and aerosol constituent yield delivered to a user is presented and validated against seven user-specific ‘playback’ emissions observations. A pen-style e-cig was used to collect emissions across puff flow rates and durations spanning the range observed in the natural environment. Emissions were analyzed with GC-MS and used to construct empirical correlations for TPM concentration and nicotine mass ratio. TPM concentration was demonstrated to depend upon both puff flow rate and duration, while nicotine mass ratio was not …

The Nucleosome Position-Encoding Ww/Ss Sequence Pattern Is Depleted In Mammalian Genes Relative To Other Eukaryotes, Gregory M. Wright, Feng Cui

Articles

Nucleosomal DNA sequences generally follow a well-known pattern with ∼10-bp periodic WW (where W is A or T) dinucleotides that oscillate in phase with each other and out of phase with SS (where S is G or C) dinucleotides. However, nucleosomes with other DNA patterns have not been systematically analyzed. Here, we focus on an opposite pattern, namely anti-WW/SS pattern, in which WW dinucleotides preferentially occur at DNA sites that bend into major grooves and SS (where S is G or C) dinucleotides are often found at sites that bend into minor grooves. Nucleosomes with the anti-WW/SS pattern are widespread …

Amyloid Beta-Related Alterations To Glutamate Signaling Dynamics During Alzheimer's Disease Progression., Caleigh A Findley, Andrzej Bartke, Kevin N Hascup, Erin R Hascup

Articles

Alzheimer’s disease (AD) ranks sixth on the Centers for Disease Control and Prevention Top 10 Leading Causes of Death list for 2016, and the Alzheimer’s Association attributes 60% to 80% of dementia cases as AD related. AD pathology hallmarks include accumulation of senile plaques and neurofibrillary tangles; however, evidence supports that soluble amyloid beta (Aβ), rather than insoluble plaques, may instigate synaptic failure. Soluble Aβ accumulation results in depression of long-term potentiation leading to cognitive deficits commonly characterized in AD. The mechanisms through which Aβ incites cognitive decline have been extensively explored, with a growing body of evidence pointing to …

India's New Profit Attribution Proposal And The Arm's-Length Standard, Reuven S. Avi-Yonah, Ajitesh Kir

Articles

A recent Indian public consultation document on amending India’s rules for profit attribution to permanent establishments represents the first time a national government has proposed abandoning the arm’s-length standard. In this article, the authors discuss that document, as well as the OECD’s recent consideration of using formulas to allocate profits to market jurisdictions, and they ponder whether those developments indicate a larger movement away from the arm’s-length standard in favor of a unitary tax system.

Parent Bmi Increase 2 To 5 Years Post-Study Related To Change In Age But Independent Of Other Sociodemographics, Health Behavior, And Study Engagement (P16-001-19), Brenda Abu, Barbara A. Lohse, Leslie Cunningham-Sabo

Articles

Objectives Characterize parent (P) weight change 2-5 y post participation in Fuel for Fun (FFF) a controlled trial of a school and family intervention focused on culinary and physical activity experiences for 4th grade youth. Methods P who had participated with their 4th grader in FFF were recruited via email to enroll in a follow-up (FFFFU) assessment. FFF-FU survey set included measures from the original study and new items pertinent to P of adolescents. Physical activity was measured with the IPAQ; low income was denoted as using an income-based program or worry about money for food. Height, weight, age in …

Multifocal Assessment Reveals Anemia-Related Program Gaps And Implementation Challenges In Ghana (P10-088-19), Brenda Abu, Rachel Stefanic, Olivia Garror, Nicole Buttner, Kingsley Pereko, Adam Sandow

Articles

Objectives: Despite existing program efforts in Ghana, incidence of childhood anemia remain high. This study describes existing childhood anemia prevention and treatment strategies and assessed implementation gaps. Methods: A cross-sectional study using purposive sampling/snowballing technique identified organizations implementing childhood anemia prevention and treatment programs. Interview guides constructed around UNICEF's conceptual framework of malnutrition identified programs addressing each cause of anemia. Interviews were administered via in-person and phone in August 2018. Interviews were audio-recorded, transcribed, and coded/analyzed using Dedoose software version 8.1.8. Results: Twenty-five officials from Universities (n = 2), local non-governmental (n = 4), government departments (n = 6) and …

Exploring Alternative Approaches To Entrepreneurial Exporting: Internationalization Through An Effectual Lens, Norah R. Cussen, Thomas M. Cooney

Articles

In 2017 EU exports supported 36 million jobs in the EU. Furthermore, it was estimated that on average each billion euro of extra-EU exports supported more than 13,000 jobs in the EU Exporting is widely viewed as one of the key drivers of economic growth and many traditional approaches have been applied to engender greater levels of exporting by indigenous enterprises. However, Sarasvathy [(2001). Causation and effectuation: Toward a theoretical shift from economic inevitability to entrepreneurial contingency. Academy of Management Review, 26, 243–263, (2013). An effectual approach to international entrepreneurship: Overlaps, challenges and provocative possibilities. The Journal of Entrepreneurship Theory …

Retrieval Of Salt Marsh Above-Ground Biomass From High-Spatial Resolution Hyperspectral Imagery Using Prosail, Rehman S. Eon, Sarah Goldsmith, Charles M. Bachmann, Anna Christina Tyler, Christopher S. Lapszynski, Greg P. Badura, David T. Osgood, Ryan Brett

Articles

Salt marsh vegetation density varies considerably on short spatial scales, complicating attempts to evaluate plant characteristics using airborne remote sensing approaches. In this study, we used a mast-mounted hyperspectral imaging system to obtain cm-scale imagery of a salt marsh chronosequence on Hog Island, VA, where the morphology and biomass of the dominant plant species, Spartina alterniflora, varies widely. The high-resolution hyperspectral imagery allowed the detailed delineation of variations in above-ground biomass, which we retrieved from the imagery using the PROSAIL radiative transfer model. The retrieved biomass estimates correlated well with contemporaneously collected in situ biomass ground truth data ( R2=0.73 …

Bernard Maclaverty: A Novelist With A Catholic Sensibiliy., Eamon Maher

Articles

Like many others I would imagine, my first introduction to the work of the Belfast writer Bernard MacLaverty (born in 1942) was through the successful film adaptations of his first novel, Lamb, with Liam Neeson in the main role, and the highly successful ‘Troubles’ film, Cal, based on the novel of the same name. Nominated for several prestigious literary awards, a member of Aosdána, author of numerous well-regarded novels and short story collections, MacLaverty is nevertheless largely neglected in terms of the critical attention he has attracted. The shining exceptions are the essay collection, About Bernard MacLaverty: New …

School Of Culinary Arts & Food Technology, Technological University Dublin Newsletter: Summer, 2019, James Murphy

Articles

The School of Culinary Arts and Food Technology, TU Dublin, Summer Newsletter captured the many events, research, awards, significant contributions and special civic and community activities which the students and staff members of the school have successfully completed up to the Summer period of 2019. The successful completion of these activities would not be possible without the active and on-going support of the 'INSPIRED' friends of Culinary Arts (school supporters) and our school's industry association supporters.

The Elusive Object Of Punishment, Gabriel S. Mendlow

Articles

All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute’s elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and mens rea; about DUI and statutory rape; about hate crimes, child pornography, and counterterrorism laws; about proportionality in punishment; …

Social Clustering In Epidemic Spread On Coevolving Networks, Hsuan-Wei Lee, Nishant Malik, Feng Shi, Peter J. Mucha

Articles

Even though transitivity is a central structural feature of social networks, its influence on epidemic spread on coevolving networks has remained relatively unexplored. Here we introduce and study an adaptive susceptible- infected-susceptible (SIS) epidemic model wherein the infection and network coevolve with nontrivial proba- bility to close triangles during edge rewiring, leading to substantial reinforcement of network transitivity. This model provides an opportunity to study the role of transitivity in altering the SIS dynamics on a coevolving network. Using numerical simulations and approximate master equations (AMEs), we identify and examine a rich set of dynamical features in the model. In …

Bodies In Dependence: A Foucauldian Genealogy Of The Americans With Disabilities Acts, Michael E. Skyer

Articles

The Americans with Disabilities Acts (ADA) of 1990 and 2008 are laws imagined as enacting two goals: enhancing civil rights and reducing sociopolitical discrimination for Americans with disabilities; however, findings from this study strongly contrast with popular assumptions about the ADA. Key findings show how the ADA legitimizes governmental control of disability through discourse to consolidate economic power. The study employs the genealogical method, derived from Foucault, which is used to identify destructive and productive operations of power and identify ambiguities in discursive regimes. The ADA constructs a discursive category of "disability," the results of which are contradictory and problematic, …

Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney

Articles

Judy Norman shot her abusive husband during a late afternoon nap while he rested before violently trafficking her that night. The sharp contrast between the extreme violence and danger Judy faced and the denial of a self-defense instruction triggered extensive academic debates about justification and the use of deadly force. Norman became one of the most famous cases involving battered women, appearing in many casebooks and hundreds of law review articles. Despite all this work, the facts of the case contradict much of what scholars have said about Norman. Misconceptions about expert evidence, "Battered Woman Syndrome, "and battered women drive …

Cwa In-Lieu Fee Mitigation: Project And Programmatic Risks, Erin Okuno, Rebecca Kihslinger, Royal C. Gardner, Christina Libre

Articles

No abstract provided.

Clinical Accuracy Of The Nidek Ark-1 Autorefractor, Nabin Paudel, Sameep Adhikari, Ajit Thakur, Bhairaja Shrestha, James Loughman

Articles

Autorefractors are commonly used by eye care practitioners worldwide as a starting point for clinical prescribing and by researchers as an instrument to study development of refractive errors and accommodation. This study demonstrates that the Nidek ARK-1 provides a reasonable and repeatable estimate of refractive error.

Janus's Two Faces, Kate Andrias

Articles

In ancient Roman religion and myth, Janus is the god of beginnings, transitions, and endings. He is often depicted as having two faces, one looking to the future and one to the past. The Supreme Court’s Janus v AFSCME case of last Term is fittingly named.1 Stunning in its disregard of principles of stare decisis, Janus overruled the forty-yearold precedent Abood v Detroit Board of Education. 2 The Janus decision marks the end of the post–New Deal compromise with respect to public sector unions and the FirstAmendment.Looking to the future, Janus lays the groundwork for further attack on labor rights—as …

Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg

Articles

This article examines the intersection of patent law, FDA regulation, and Medicare coverage in a particularly promising field of biomedical innovation: genetic diagnostic testing. First, I will discuss current clinical uses of genetic testing and directions for further research, with a focus on cancer, the field in which genetic testing has had the greatest impact to date. Second, I will turn to patent law and address two recent Supreme Court decisions that called into question the patentability of many of the most important advances in genetic testing. Third, I will step outside patent law to take a broader view of …

An Agent-Based Model Of Financial Benchmark Manipulation, Gabriel Virgil Rauterberg, Megan Shearer, Michael Wellman

Articles

Financial benchmarks estimate market values or reference rates used in a wide variety of contexts, but are often calculated from data generated by parties who have incentives to manipulate these benchmarks. Since the the London Interbank Offered Rate (LIBOR) scandal in 2011, market participants, scholars, and regulators have scrutinized financial benchmarks and the ability of traders to manipulate them. We study the impact on market quality and microstructure of manipulating transaction-based benchmarks in a simulated market environment. Our market consists of a single benchmark manipulator with external holdings dependent on the benchmark, and numerous background traders unaffected by the benchmark. …

Artificial Intelligence In The Medical System: Four Roles For Potential Transformation, Will Nicholson Price Ii

Articles

Artificial intelligence (AI) looks to transform the practice of medicine. As academics and policymakers alike turn to legal questions, a threshold issue involves what role AI will play in the larger medical system. This Article argues that AI can play at least four distinct roles in the medical system, each potentially transformative: pushing the frontiers of medical knowledge to increase the limits of medical performance, democratizing medical expertise by making specialist skills more available to non-specialists, automating drudgery within the medical system, and allocating scarce medical resources. Each role raises its own challenges, and an understanding of the four roles …

Article Ii Vests Executive Power, Not The Royal Prerogative, Julian Davis Mortenson

Articles

Article II of the United States Constitution vests “the executive power” in the President. For more than two hundred years, advocates of presidential power have claimed that this phrase was originally understood to include a bundle of national security and foreign affairs authorities. Their efforts have been highly successful. Among constitutional originalists, this so-called “Vesting Clause Thesis” is now conventional wisdom. But it is also demonstrably wrong. Based on an exhaustive review of the eighteenth-century bookshelf, this Article shows that the ordinary meaning of “executive power” referred unambiguously to a single, discrete, and potent authority: the power to execute law. …

Location Tracking And Digital Data: Can Carpenter Build A Stable Privacy Doctrine?, Evan H. Caminker

Articles

In Carpenter v United States, the Supreme Court struggled to modernize twentieth-century search and seizure precedents for the “Cyber Age.” Twice previously this decade the Court had tweaked Fourth Amendment doctrine to keep pace with advancing technology, requiring a search warrant before the government can either peruse the contents of a cell phone seized incident to arrest or use a GPS tracker to follow a car’s long-term movements.

Strengthening The Passivity Default, Ian Ayres, Edward Fox

Articles

In The Prudence of Passivity, Bryon Harmon and Laura Fisher (hereafter HF) argue that "passive management become the default approach for the investment of trust funds, to be abandoned only when circumstances specifically dictate the use of active management."' In this comment we argue that their thesis could be strengthened (i) by more clearly distinguishing between default law and default investment practices, (ii) by more clearly articulating their favored altering rules.

The Statistical Optimisation Of Recombinant Β-Glucosidase Production Through A Two-Stage, Multi-Model, Design Of Experiments Approach, Albert Uhoraningoga, Gemma K. Kinsella, Jesus Maria Frias, Gary T. Henehan, Barry J. Ryan

Articles

β-glucosidases are a class of enzyme that are widely distributed in the living world, with examples noted in plants, fungi, animals and bacteria. They offer both hydrolysis and synthesis capacity for a wide range of biotechnological processes. However, the availability of native, or the production of recombinant β-glucosidases, is currently a bottleneck in the widespread industrial application of this enzyme. In this present work, the production of recombinant β-glucosidase from Streptomyces griseus was optimised using a Design of Experiments strategy, comprising a two-stage, multi-model design. Three screening models were comparatively employed: Fractional Factorial, Plackett-Burman and Definitive Screening Design. Four variables …