Digital Commons Network^™

Privacy In The Age Of Medical Big Data, W. Nicholson Price Ii, I. Glenn Cohen

Articles

Big data has become the ubiquitous watch word of medical innovation. The rapid development of machine-learning techniques and artificial intelligence in particular has promised to revolutionize medical practice from the allocation of resources to the diagnosis of complex diseases. But with big data comes big risks and challenges, among them significant questions about patient privacy. Here, we outline the legal and ethical challenges big data brings to patient privacy. We discuss, among other topics, how best to conceive of health privacy; the importance of equity, consent, and patient governance in data collection; discrimination in data uses; and how to handle …

Crisis-Driven Tax Law: The Case Of Section 382, Albert H. Choi, Quinn Curtis, Andrew T. Hayashi

Articles

At the peak of the 2008 financial crisis, the Internal Revenue Service (IRS) issued Notice 2008–83 (the Notice), administrative guidance that limited Internal Revenue Code (the Code) section 382, an important tax rule designed to discourage tax-motivated acquisitions. Although styled as a mere interpretation of existing law, the Notice has been widely viewed as an improper exercise of the IRS’s authority that undermined its legitimacy. But did the Notice work? There were many extraordinary interventions during the financial crisis that raised questions about eroding the rule of law and the long-term destabilizing effects of bail­outs. In a financial crisis, regulators …

Metamorphosis: A Minority Professor's Life, Richard Delgado

Articles

This article is a dark semiautobiographical takeoff on a famous novel by Franz Kafka I use the predicament of Gregor the central character in The Metamorphosis as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law It proceeds in a series of 37 short vignettes told in the course of a bedside conversation in which my young firebrand Rodrigo turns tables on his usual foil and straight man "the Professor" and asks him a few questions about his life and career Until now the two had focused on …

From Governess To Governance: Advancing Gender Equity In Corporate Leadership, Kellye Y. Testy

Articles

Even as corporate influence on every aspect of life continues to grow, women (overall, and especially women of color) remain woefully underrepresented in corporate governance roles, particularly on boards of directors. This lack of gender diversity in the corporate boardroom is prevalent not only in more established companies but also persists—often at even higher levels— in new ventures as well. This Essay details the persistent lack of progress over more than a half century in diversifying leadership in corporate governance. This progress is especially concerning given that the benefits of diversity for sound decisionmaking and overall corporate welfare have been …

Nobody Knew How Complicated: Constraining The President's Power To Re(Shape) Health Reform, Sallie Thieme Sanford

Articles

Beginning on inauguration day, President Trump has attempted an executive repeal of the Affordable Care Act. In doing so, he has tested the limits of presidential power. He has challenged the force of institutional and non-institutional constraints. And, ironically, he has helped boost public support for the ACA’s central features. The first two sections of this article respectively consider the use of the President’s tools to advance and to subvert health reform.

The final two sections consider the forces constraining the administration’s attempted executive repeal. I argue that the most important institutional constraint, thus far, is found in multifaceted actions …

Employees As Regulators: The New Private Ordering In High Technology Companies, Jennifer S. Fan

Articles

There is mounting public concern over the influence that high technology companies have in our society. In the past, these companies were lauded for their innovations, but now as one scandal after another has plagued them, from being a conduit in influencing elections (think Cambridge Analytica) to the development of weaponized artificial intelligence, to their own moment of reckoning with the #MeToo movement, these same companies are under scrutiny. Leaders in high technology companies created their own sets of norms through private ordering. Their work was largely unfettered by regulators, with the exception of the Securities and Exchange Commission’s oversight …

Health Reform And Higher Ed: Campuses As Harbingers Of Medicaid Universality And Medicare Commonality, Sallie Thieme Sanford

Articles

Between 2010 and 2016, the percentage of uninsured higher education students dropped by more than half. All the Affordable Care Act’s key access provisions contributed, but the most important factor appears to be the Medicaid expansion. This article is the first to highlight this phenomenon and ground it in data. It explores the reasons for this dramatic expansion of coverage, links it to theoretical frameworks, and considers its implications for the future of health reform.

Drawing on Medicaid universality scholarship, I discuss potential consequences of including the educationally privileged in this historically stigmatized program. Extending this scholarship, I argue that …

Contracts Mattered As Much As Copyrights, Robert W. Gomulkiewicz

Articles

Scholars have begun to appreciate the fundamental role that contracts played in the development of copyrights. Contracts gave copyrights vitalilty. This article explores the network of book publishing contracts that formed the legal infrastructure for a pre-modern “internet” at the dawn of copyright law in Great Britain in the eighteenth century. Drawing on insights from archival research, the article shows how this network of copyright contracts advanced an important goal of copyright: the spread of ideas and information throughout all parts of society. Appreciating the historical significance of copyright contracts provides valuable context for modern debates about copyright policy. Indeed, …

America's (D)Evolving Childcare Tax Laws, Shannon Weeks Mccormack

Articles

Proponents have touted the ability of the Tax Cuts and Jobs Act (the TCJA) — enacted in the twilight of 2017 — to help American working families. But while the TCJA expanded some benefits available to parents with dependent children, these parental tax benefits may be claimed regardless of whether or to what extent childcare costs are incurred to work outside the home. To help working parents with these costs (which are often their largest expense), Congress might have turned to two other mechanisms in the tax law — the “child and dependent care credit” and the “dependent care exclusion.” …

Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries

Articles

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed white supremacist reaction to the nation’s first black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

For Canadian Love Of Trader Joe’S: First Sale Doctrine, Reputational Harm And Lanham Act’S Extraterritoriality, Xuan-Thao Nguyen

Articles

No abstract provided.

Disrupting Adhesion Contracts With #Metoo Innovators, Xuan-Thao Nguyen

Articles

Adhesion contracts are everywhere. Take it or leave it, the dominant party holds the leverage while the weaker party adheres. Ninety percent of employment contracts contain mandatory arbitration clauses, and attempts to challenge arbitration requirements meet with judicial indifference or hostility. Ultimately, arbitration clauses eviscerate the employee's right to a jury trial and access to the court system in general. In recent years, employers in the tech sector have faced unexpected resistance from innovators. Just as innovators are known for disrupting old business models through technological innovations, #MeToo reformers are disrupting the seemingly insurmountable adhesion contract regime. They organize, protest, …

Attacking Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the …

Privacy Law's Indeterminacy, Ryan Calo

Articles

American legal realism numbers among the most important theoretical contributions of legal academia to date. Given the movement’s influence, as well as the common centrality of certain key figures, it is surprising that privacy scholarship in the United States has paid next to no attention to the movement. This inattention is unfortunate for several reasons, including that privacy law furnishes rich examples of the indeterminacy thesis—a key concept of American legal realism—and because the interdisciplinary efforts of privacy scholars to explore extra-legal influences on privacy law arguably further the plot of legal realism itself

Transitioning From Gilti To Fdii? Foreign Branch Income Issues, Jeffery M. Kadet, David L. Koontz

Articles

In this article, Kadet and Koontz explain the risks and benefits multinationals must consider in deciding whether to transition some operations conducted within a controlled foreign corporation (along with the associated income) into a domestic group member to achieve a structure that qualifies for foreign-derived intangible income.

Commuting To Mars: A Response To Professors Abraham And Rabin, Ryan Calo

Articles

The remarks that follow are less about the particular wisdom of manufacturer enterprise responsibility (MER) for driverless cars, and more about the limits of legal scholarship in grappling with unfolding technologic change. The contingency of technology and its social impacts caution against sweeping interventions. And the role of law and technology scholarship—as opposed to legal scholarship that touches upon technology—is arguably to recognize the unique challenges that arise at this intersection.

The Surprising Reach Of Fda Regulation Of Cannabis Even After Rescheduling, Sean M. O'Connor, Erika Lietzan

Articles

As more states legalize cannabis, the push to “deschedule” it from the Controlled Substances Act is gaining momentum. At the same time, the Food and Drug Administration (FDA) recently approved the first conventional drug containing a cannabinoid derived from cannabis—cannabidiol (CBD) for two rare seizure disorders. This would all seem to bode well for proponents of full federal legalization of medical cannabis. But some traditional providers are wary of drug companies pulling medical cannabis into the regular small molecule drug development system. The FDA’s focus on precise analytical characterization and on individual active and inactive ingredients may be fundamentally inconsistent …

Letter From Jeffery M. Kadet To Internal Revenue Serv. (Oct. 6, 2019) On Notice 2019-30, 2019-2020 Priority Guidance Plan - Sourcing Of Cloud Services Income, Jeffery M. Kadet

Articles

No abstract provided.

Us Supreme Court Bars Punitive Damages In Unseaworthiness Claims, Craig H. Allen

Articles

To appreciate the reach of the Court's decision on punitive damages for unseaworthiness claims, it is important to understand the federal courts' steady expansion of the class of workers who now qualify as "seamen," the class of floating vessels and structures that now qualify as "vessels," and the strict liability standard for determining whether a vessel is seaworthy.

Professionally Responsible Artificial Intelligence, Michael Hatfield

Articles

As artificial intelligence (AI) developers produce more applications for professional use, how will we determine when the use is professionally responsible? One way to answer the question is to determine whether the AI augments the professional’s intelligence or whether it is used as a substitute for it. To augment the professional’s intelligence would be to make it greater, that is, to increase and improve the professional’s expertise. But a professional who substitutes artificial intelligence for his or her own puts both the professional role and the client at risk. The problem is developing guidance that encourages professionals to use AI …

Bringing The Court Into The Classroom: Suggestions For How To Craft Exercises For Upper-Level Courses Using Real Practitioners' Briefs, Benjamin Halasz

Articles

When I came to teach after practicing for over a decade, I wanted my students to learn to write by using materials from real clients and cases. I quickly found that’s easier said than done. But through experimentation and discussions with experienced colleagues, I found several successful ways to put students into the role of writing parts of a “real” brief—one that uses a real case and real facts—for short, in-class exercises in upper-level courses.

Several articles tout the benefits of using briefs as examples, an enthusiasm I join. But this article focuses on using cases, and especially briefs, as …

Janus As A Client: Ethical Obligations When Your Client Plays Two Roles In One Fiduciary Estate, Karen Boxx, Philip N. Jones

Articles

Is it possible for an attorney to have a conflict of interest when the attorney represents a trustee who is also a beneficiary of the trust? Is that situation similar to having two clients? What if the trustee is not only a beneficiary, but also a claimant against the trust? Since the trustee has three roles to play, is that situation similar to an attorney having three clients? The issue presented by these potential conflicts was one of the most vexing for the drafters of the Fifth Edition of the ACTEC Commentaries. The range of possible approaches goes from a …

Graphene Nanoflake Uptake Mediated By Scavenger Receptors, Fatima Alnasser, Valentina Castagnola, Luca Boselli, Margarita Esquivel-Gaon, Esen Efeoglu, Jennifer Mcintyre, Hugh Byrne, Kenneth A. Dawson

Articles

The biological interactions of graphene have been extensively investigated over the last 10 years. However, very little is known about graphene interactions with the cell surface and how the graphene internalization process is driven and mediated by specific recognition sites at the interface with the cell. In this work, we propose a methodology to investigate direct molecular correlations between the biomolecular corona of graphene and specific cell receptors, showing that key protein recognition motifs, presented on the nanomaterial surface, can engage selectively with specific cell receptors. We consider the case of apolipoprotein A-I, found to be very abundant in the …

Vibrational Characterization Of Granulosa Cells From Patients Affected By Unilaterial Ovarian Endometriosis: New Insights From Infrared And Raman Microspectroscopy, Valentina Notarstefano, Giorgia Gioacchini, Hugh Byrne, Carlotta Zaca, Eleni Sereni, Lisa Vaccari, Andrea Borini, Oliana Carnevali

Articles

Endometriosis is a chronic gynaecological disease characterised by the presence of endometrial cells in extra-uterine regions. One of the main factors impacting on the fertility of women affected by endometriosis is the poor oocyte quality. Granulosa Cells (GCs) regulate oocyte development and maintain the appropriate microenvironment for the acquisition of its competence; hence, the dysregulation of these functions in GCs can lead to severe cellular damages also in oocytes. In this study, luteinized GCs samples were separately collected from both ovaries of women affected by Unilateral Ovarian Endometriosis and analysed by infrared and Raman microspectroscopy. The spectral data were compared …

Analysis Of Bodily Fluids Using Vibrational Spectroscopy: A Direct Comparison Of Raman Scattering And Infrared Absorption Techniques For The Case Of Glucose In Blood Serum, Drishya Prachalil, Clément Bruno, Franck Bonnier, Helen Blasco, Igor Chourpa, Matthew Baker, Jennifer Mcintyre, Hugh Byrne

Articles

Analysis of biomarkers present in the blood stream can potentially deliver crucial information on patient health and indicate the presence of numerous pathologies. The potential of vibrational spectroscopic analysis of human serum for diagnostic purposes has been widely investigated and, in recent times, infrared absorption spectroscopy, coupled with ultra-filtration and multivariate analysis techniques, has attracted increasing attention, both clinical and commercial. However, such methods commonly employ a drying step, which may hinder the clinical work flow and thus hamper their clinical deployment. As an alternative, this study explores the use of Raman spectroscopy, similarly coupled with ultra-filtration and multivariate analysis …

Self-Cleaning Hydrophobic Nanocoating On Glass: A Scalable Manufacturing Process, Surendra Maharjan, Kang-Shyang Liao, Alexander J. Wang, Killian Barton, Amrita Haldar, Nigel J. Alley, Hugh Byrne, Seamus A. Curran

Articles

A method of forming a self-cleaning hydrophobic coating (SCHN) on glass substrates utilizing a scalable manufacturing process is described. The process initiates with roughening of planar glass surfaces using diamond micro-/nano-particle abrasives, which creates microscopic tortuous grooves. After cleaning the substrates, the roughened surface is vapor deposited with trichloro(1H,1H,2H,2H-perfluorooctyl)silane (TCPFOS) under enclosure with controlled humidity. TCPFOS chemically binds with the substrate via covalent linkage. Due to the greatly reduced surface tension between water and the self-cleaning surface, the water droplet slides down leaving no trail (sliding angle of 14° for 0.1 mL water droplet). Due to the reduced adhesion of …

Raman Spectroscopy As A Potential Tool For Label Free Therapeutic Drug Monitoring In Human Serum: The Case Of Busulfan And Methotrexate, Drishya Parachalil, Franck Bonnier, Deirdre Commerford, Igor Chourpa, Jennifer Mcintyre, Hugh Byrne

Articles

A methodology is proposed, based on Raman spectroscopy coupled with multivariate analysis, to determine the Limit of Detection (LOD) and Limit of Quantification (LOQ) for therapeutic drug monitoring in human serum, using the examples of Busulfan, a cell cycle non-specific alkylating antineoplastic agent, and, Methotrexate, a chemotherapeutic agent and immune system suppressant. In this study, ultrafiltration is employed to fractionate spiked human pooled serum to efficiently recover the drug in the filtrate prior to performing Raman analysis. The drug concentration ranges were chosen to encompass the recommended therapeutic ranges and toxic levels in patients. Raman spectra were collected from the …

Improved Performance Of Near Infrared Excitation Raman Spectroscopy Using Reflective Thin-Film Gold On Glass Substrates For Cytology Samples, Sinead Barton, Kevin O'Dwyer, Marion Butler, Hugh Byrne, Luke O'Neill, Bryan M. Hennelly

Articles

Confocal near-infrared Raman spectroscopy has been shown to have applications in the area of clinical biology. A source wavelength in the near infrared is preferred over visible wavelengths for inspecting biological samples due to superior wave number resolution and reduced photo damage. However, these excitation sources have a number of drawbacks when compared to lasers in the visible wavelength region, including the requirement to use expensive highly pure crystal substrates such as Raman grade calcium fluoride as well as long acquisition times due to the lower Raman scattering efficiency. This paper investigates the use of a reflective substrate comprising a …

Numerically Modelling Time And Dose Dependent Cytotoxicity, Hugh Byrne, Marcus A. Maher

Articles

Dose-response curves are fundamental tools of in vitro toxicology, extensively employed in toxicant or drug screening. They are expressed by a variety of end-points and assays, measured at different time-points in a choice of cell-lines, but are typically quantified only using the mean concentration for 50% response (e.g. drug efficacy or pathway inhibition) as an indicator of overall effect. However, the response is the result of a complex and dynamic cascade of events which occur between the initial exposure and the measured end-point, and the characteristic rates of the contributing stages govern the dose response and ultimately the measured characteristic …

Rapid Analysis Of Magnesium In Infant Formula Powder Using Laser-Induced Breakdown Spectroscopy, Maria Markiewicz-Keszycka, Ming Zhao, Xavier Cama-Moncunill, Toufic El Arnaout, Dana Becker, Colm O'Donnell, P. J. Cullen, Carl Sullivan, Maria Piedad Casado-Gavalda

Articles

Laser-induced breakdown spectroscopy (LIBS) was investigated to determine magnesium (Mg) content in infant formula powder. To predict Mg content in the range established by the Codex Alimentarius, a partial least squares regression (PLSR) model was developed using a calibration data set (n = 30) based on full cross-validation and validated using an independent validation data set (n = 21). The prediction model performance was evaluated using the regression coefficients of determination (Rcv2 = 0.94 and Rp2 = 0.85) with the root mean square errors on cross-validation and prediction (RMSECV = 60 mg kg−1 and RMSEP = 80 mg kg−1). The …