Digital Commons Network^™

Congress In The Administrative State, Brian D. Feinstein

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No abstract provided.

Using A Socioeconomic Segregation Burn-In Model To Initialise An Agent-Based Model For Infectious Diseases, Elizabeth Hunter, Brian Mac Namee, John D. Kelleher

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Socioeconomic status can have an important effect on health. In this paper we: (i) propose using house price data as a publicly available proxy for socioeconomic status to examine neighbourhood socioeconomic status at a more fine grained resolution than is available in Irish Central Statistics Office data; (ii) use a dissimilarity index to demonstrate and measure the existence of socioeconomic clustering at a neighbourhood level; (iii) demonstrate that using a standard ABM initialisation process based on CSO small area data results in ABMs systematically underestimating the socioeconomic clustering in Irish neighbourhoods; (iv) demonstrate that ABM models are better calibrated towards …

Cardozo On The Supreme Court: Meeting High Expectations, Richard D. Friedman

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President Trump announced his nomination of Neil Gorsuch — the sixth most senior judge on a federal appellate court in the hinterland—for a seat on the Supreme Court in a formal, nationally televised ceremony. Judge Gorsuch squeezed the shoulder of his wife, a gesture that signaled not only his thrill at the nomination but his joy at being able to share it with her. There followed a bitterly partisan process, featuring hearings at which the nominee testified and deflected questions about his substantive views. A change in the Senate rules, ending the possibility of a filibuster, was necessary to bring …

Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky

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When legal writing professors introduce CREAC (or IRAC, TREAT, etc.), our examples necessarily use some area of substantive law to demonstrate how the pieces of legal analysis fit together. And when we ask students to try drafting a CREAC analysis, they also have to learn the relevant substantive law first. Students might be asked to analyze whether a worker is an employee or independent contractor or whether the elements of a tort claim are satisfied. But that means that students need to learn the relevant substantive doctrine while they are also grappling with the basics of CREAC. In the language …

Bankruptcy Fiduciary Duties In The World Of Claims Trading, John A.E. Pottow

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In earlier work, I explored the role of fiduciary duties in the bankruptcy trustee's administration of a debtor's estate, noting the absence of any explicit demarcation of those duties in the Bankruptcy Code. In this piece, I report the highlights of that analysis and see to what extent (if any) fiduciary duties can inform policy prescriptions for the issue of bankruptcy claims trading, colorfully referred to by some as the world of "bankruptcy M&A." My initial take is pessimistic. Fiduciary duties, at least as traditionally conceived in bankruptcy, are unlikely to provide much help. But there is still a source …

When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert

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Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation’s most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant …

Ideating Mobile Health Behavioral Support For Compliance To Therapy For Patients With Chronic Disease: A Case Study Of Atrial Fibrillation Management, Mor Peleg, Wojtek Michalowski, Szymon Wilk, Enea Parimbelli, Silvia Bonaccio, Dympna O'Sullivan, Martin Michalowski, Silvana Quaglini, Marc Carrier

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Poor patient compliance to therapy results in a worsening condition that often increases healthcare costs. In the MobiGuide project, we developed an evidence-based clinical decision-support system that delivered personalized reminders and recommendations to patients, helping to achieve higher therapy compliance. Yet compliance could still be improved and therefore building on the MobiGuide project experience, we designed a new component called the Motivational Patient Assistant (MPA) that is integrated within the MobiGuide architecture to further improve compliance. This component draws from psychological theories to provide behavioral support to improve patient engagement and thereby increasing patients' compliance. Behavior modification interventions are delivered …

The Beat And Treaty Overrides: A Brief Response To Rosenbloom And Shaheen, Reuven S. Avi-Yonah, Bret Wells

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In a recent article in Tax Notes International, H. David Rosenbloom and Fadi Shaheen argue that the base erosion and antiabuse tax (IRC section 59A, as enacted in 2017) is a potential violation of articles 23 and 24 of U.S. tax treaties. They say the BEAT does not override those treaties, so those agreements can be relied on to overcome the effects of the BEAT. In our opinion, that conclusion is wrong for two reasons: The BEAT is not a treaty violation, and even if were, it is a treaty override.

Divine Justice And The Library Of Babel: Or, Was Al Capone Really Punished For Tax Evasion?, Gabriel Mendlow

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A criminal defendant enjoys an array of legal rights. These include the right not to be punished for an offense unless charged, tried, and proved guilty beyond a reasonable doubt; the right not to be punished disproportionately; and the right not to be punished for the same offense more than once. I contend that the design of our criminal legal system imperils these rights in ways few observers appreciate. Because criminal codes describe misconduct imprecisely and prohibit more misconduct than any legislature actually aspires to punish, prosecutors decide which violations of the code merit punishment, and judges decide how much …

Introduction, Shari S. Diamond, Richard O. Lempert

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Experts bedeviled the legal system long before seventeenth-century Salem, when the town's good citizens relied on youthful accusers and witchcraft experts to identify the devil's servants in their midst. As in Salem, claims of expertise have often been questioned and objections raised about the bases of expert knowledge. Expertise, then and now, did not have to be based on science; but the importance of science and the testimony of scientific experts has since medieval times been woven into the fabric of the English jurisprudence that Americans inherited. In cases as long ago as 1299 we find examples of courts seeking …

Theobromine And Related Methylxanthines As Inhibitors Of Primary Amine Oxidase, Padraig Shanahan, Jeffrey O’Sullivan, Keith Tipton, Gemma Kinsella, Barry Ryan, Gary Henehan

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Methylxanthines are the most widely consumed drugs in the world and evidence of their health benefits has been growing in recent years. Primary Amine Oxidase (PrAO) has been recognised as a therapeutic target for amelioration of inflammatory, vascular and neurodegenerative diseases. Previous work in our laboratories showed that caffeine inhibited Bovine PrAO with a Ki of 1.0mM using benzylamine as substrate.

This study aimed to extend our previous work and explore the possibility that related methylxanthines might influence PrAO activity. While paraxanthine, theophylline and 7-methylxanthine had little effect on PrAO, theobromine was a noncompetitive inhibitor with a Ki of 276±44µM. …

Kevin Vallier And Michael Weber: Religious Exemptions, Edward A. Zelinsky

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No abstract provided.

Section 4968 And Taxing All Charitable Endowments: A Critique And A Proposal, Edward A. Zelinsky

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No abstract provided.

Antitrust's Unconventional Politics, Daniel A. Crane

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Antitrust law stands at its most fluid and negotiable moment in a generation. The bipartisan consensus that antitrust should solely focus on economic efficiency and consumer welfare has quite suddenly come under attack from prominent voices calling for a dramatically enhanced role for antitrust law in mediating a variety of social, economic, and political friction points, including employment, wealth inequality, data privacy and security, and democratic values. To the bewilderment of many observers, the ascendant pressures for antitrust reforms are flowing from both wings of the political spectrum, throwing into confusion a conventional understanding that pro-antitrust sentiment tacked left and …

From Maggie To May: Forty Years Of (De)Industrial Strategy, James Silverwood, Richard Woodward

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Upon becoming Prime Minister, Theresa May installed industrial strategy as one of the principal planks of her economic policy. May's embrace of industrial strategy, with its tacit acceptance of a positive role for the state in steering and coordinating economic activity, initially appears to be a decisive break with an era dating back to Margaret Thatcher, in which government intervention was regarded as heresy. Whilst there are doubtless novel features, this article argues that continuity is the overriding theme of May's industrial strategy. First, despite the reluctance to confess it, like every UK government over the past forty years, May …

Vegetation, Hydrologic, And Erosion Responses Of Sagebrush Steppe 9 Yr Following Mechanical Tree Removal, Christopher Jason Williams, Frederick B. Pierson, Patrick R. Kormos, Osama Z. Al-Hamdan, Sayjro K. Nouwakpo, Mark A. Weltz

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Land managers across the western United States are faced with selecting and applying tree-removal treatments on pinyon (Pinus spp.) and juniper (Juniperus spp.) woodland-encroached sagebrush (Artemisia spp.) rangelands, but current understanding of long-term vegetation and hydrological responses of sagebrush sites to tree removal is inadequate for guiding management. This study applied a suite of vegetation and soil measures (0.5 − 990 m²), small-plot rainfall simulations (0.5 m²), and overland flow experiments (9 m²) to quantify the effects of mechanical tree removal (tree cutting and mastication) on vegetation, runoff, and erosion at …

Isolation, Purification And Characterization Of A Novel Solvent Stable Lipase From Pseudomonas Reinekei, Barry Ryan, Priyanka Priyanka, Gemma K. Kinsella, Gary T. Henehan

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The Pseudomonas sp. have been long recognized for their exogenous lipolytic activities yet the genus still contains a lot of unexplored strains. Due to the versatile metabolic machinery and their potential for adaptation to fluctuating environmental conditions Pseudomonas sp. are of great interest for biotechnological applications. In this study, a new extracellularly produced lipolytic enzyme from Pseudomonas sp. (P. reinekei) was purified and characterized. The production of lipase from P. reinekei (H1) was enhanced 10-fold by optimizing the nitrogen source. The 50 kDa H1 lipase was purified using negative and positive mode anion exchange chromatography. The purified lipase was active …

Innovation In Rangeland Monitoring: Annual, 30 M, Plant Functional Type Percent Cover Maps For U.S. Rangelands, 1984-2017, Matthew O. Jones, Brady W. Allred, David E. Naugle, Jeremy D. Maestas, Patrick Donnelly, Loretta J. Metz, Jason Karl, Rob Smith, Brandon Bestelmeyer, Chad Boyd, Jay D. Kerby, James D. Mciver

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Innovations in machine learning and cloud‐based computing were merged with historical remote sensing and field data to provide the first moderate resolution, annual, percent cover maps of plant functional types across rangeland ecosystems to effectively and efficiently respond to pressing challenges facing conservation of biodiversity and ecosystem services. We utilized the historical Landsat satellite record, gridded meteorology, abiotic land surface data, and over 30,000 field plots within a Random Forests model to predict per‐pixel percent cover of annual forbs and grasses, perennial forbs and grasses, shrubs, and bare ground over the western United States from 1984 to 2017. Results were …

Resilience And Resistance In Sagebrush Ecosystems Are Associated With Seasonal Soil Temperature And Water Availability, Bruce A. Roundy, Jeanne C. Chambers, David A. Pyke, Richard F. Miller, Robin J. Tausch, Eugene W. Schupp, Benjamin Rau, Trevor Gruell

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Invasion and dominance of exotic grasses and increased fire frequency threaten native ecosystems worldwide. In the Great Basin region of the western United States, woody and herbaceous fuel treatments are implemented to decrease the effects of wildfire and increase sagebrush (Artemisia spp.) ecosystem resilience to disturbance and resistance to exotic annual grasses. High cover of the exotic annual cheatgrass (Bromus tectorum) after treatments increases fine fuels, which in turn increases the risk of passing over a biotic threshold to a state of increased wildfire frequency and conversion to cheatgrass dominance. Sagebrush ecosystem resilience to wildfire and resistance …

Limiting State Flexibility In Drug Pricing, Nicholas Bagley, Rachel E. Sachs

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Throughout the United States, escalating drug prices are putting immense pressure on state budgets. Several states are looking for ways to push back. Last year, Massachusetts asked the Trump administration for a waiver that would, among other things, allow its Medicaid program to decline to cover costly drugs for which there is limited or inadequate evidence of clinical efficacy. By credibly threatening to exclude such drugs from coverage, Massachusetts hoped to extract price concessions and constrain the fastest-growing part of its Medicaid budget.

Spatial And Temporal Changes In Ecosystem Carbon Pools Following Juniper Encroachment And Removal, Heather L. Throop, Kate Lajtha

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Proliferation of woody plants is a predominant global land cover change of the past century, particularly in dryland ecosystems. Woody encroachment and its potential impacts (e.g., livestock forage, wildlife habitat, hydrological cycling) have led to widespread brush management. Although woody plants may have substantial impacts on soils, uncertainty remains regarding woody encroachment and brush management influences on carbon (C) pools. Surface C pools (shallow soils and litter) may be particularly dynamic in response to encroachment and brush management. However, we have limited understanding of spatiotemporal patterns of surface C responses or how surface pools respond relative to aboveground C, litter, …

Potential Of Red Edge Spectral Bands In Future Landsat Satellites On Agroecosystem Canopy Green Leaf Area Index Retrieval, Zhaoyu Cui, John Kerekes

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Vegetation biophysical parameter retrieval is an important earth remote sensing system application. In this paper, we studied the potential impact of the addition of new spectral bands in the red edge region in future Landsat satellites on agroecosystem canopy green leaf area index (LAI) retrieval. The test data were simulated from SPARC ‘03 field campaign HyMap hyperspectral data. Three retrieval approaches were tested: empirical regression based on vegetation index, physical model-based look-up-table (LUT) inversion, and machine learning. The results of all three approaches showed that a potential new spectral band located between the Landsat-8 Operational Land Imager (OLI) red and …

Considering Parental Hearing Status As A Social Determinant Of Deaf Population Health: Insights From Experiences Of The \"Dinner Table Syndrome\", Wyatte C. Hall, Scott R. Smith, Erika J. Sutter, Lori A. Dewindt, Timothy D.V. Dye

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The influence of early language and communication experiences on lifelong health outcomes is receiving increased public health attention. Most deaf children have non-signing hearing parents, and are at risk for not experiencing fully accessible language environments, a possible factor underlying known deaf population health disparities. Childhood indirect family communication-such as spontaneous conversations and listening in the routine family environment (e.g. family meals, recreation, car rides)-is an important source of health-related contextual learning opportunities. The goal of this study was to assess the influence of parental hearing status on deaf people's recalled access to childhood indirect family communication. We analyzed data …

Beps, Atap, And The New Tax Dialogue: "A Transatlantic Competition?", Reuven Avi-Yonah, Gianluca Mazzoni

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Since its launch in 2013, the US actively participated in all aspects of the BEPS project. However, until recently, the general view was that following the conclusion of the BEPS negotiations and the change of Administration the US is stepping back from the BEPS process. While the EU was charging ahead with implementing BEPS through the Anti-Tax Avoidance Directive (ATAD), the US stated that it was already in compliance with all BEPS minimum standards and therefore other than Country-by-Country Reporting (CbCR) it had no further BEPS obligations. The US decided not to sign the Multilateral Instrument (MLI) to implement BEPS …

Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely

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No abstract provided.

Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely

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No abstract provided.

Regulatory Enforcement Under New York's Martin Act: From Financial Fraud To Global Warming, Richard A. Epstein

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No abstract provided.

Essential Questions: What To Ask About The Bar Exam, Patricia D. White

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No abstract provided.

Shot Selection, Patrick Barry

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One of the more common pieces of writing advice in our post-Hemingway world is to keep sentences short. Experts on legal writing are particularly fond of this Position — and for good reason. Few judges look at the sentences that appear in briefs, memos, statutes, and contracts and say, "You know what each of those could use? More words." Professor Noah Messing does a particularly good job making the case for short sentences. Brevity, he explains, "reduces the risk that your writing will confuse or irk readers," especially given that "empirical studies show that writing verbosely makes writers sound dumber …

The Rule Of Three, Patrick Barry

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Judges use the Rule of Three. Practitioners use the Rule of Three. And so do all manner of legal academics. Yet although many people seem to have an intuitive feel for how useful this rhetorical move is, no extended explanation of its mechanics and variety of forms exists. This essay offers that explanation. It begins with an introduction to the more straightforward form of the rule of three, which simply involves arranging information not in twos or fours or any other set of numbers-but rather in the trusty, melodic structure of threes. It then moves on to a closer look …