Digital Commons Network^™

Symbolism And Separation Of Powers In Agency Design, Kristin Hickman

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No abstract provided.

Cheap Sentiment, Claire Hill

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No abstract provided.

An Identity Theory Of The Short- And Long-Term Investor Debate, Claire Hill

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No abstract provided.

Public Employee Speech And Magarian’S Dynamic Diversity, Heidi Kitrosser

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No abstract provided.

Judicial Elections In The 2010s, Herbert M. Kritzer

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No abstract provided.

Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell

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No abstract provided.

The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil

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No abstract provided.

#Metoo And The Convergence Of Csr And Profit Maximization, Claire Hill

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No abstract provided.

Prior Record Enhancements At Sentencing: Unsettled Justifications And Unsettling Consequences, Richard Frase, Kelly Lyn Mitchell, Rhys Hester Hester, Julian V. Roberts

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No abstract provided.

Punishing Kids In Juvenile And Criminal Court, Barry Feld

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No abstract provided.

Punishment And Human Dignity: Sentencing Principles For Twenty-First-Century America, Michael Tonry

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No abstract provided.

Strategies Of Public Udap Enforcement, Prentiss Cox, Mark Totten, Amy Widman

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No abstract provided.

From Duty And Disclosure To Power And Participation In Social Enterprise, Brett Mcdonnell

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No abstract provided.

Is U.S. Insurance Regulation Unconstitutional?, Daniel Schwarcz

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No abstract provided.

The Declining Fortunes Of American Workers: Six Dimensions And An Agenda For Reform, Stephen Befort

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No abstract provided.

Accountability In The Deep State, Heidi Kitrosser

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No abstract provided.

Understanding “Sanctuary Cities”, Linus Chan, Juliet P. Stumpf, Christopher N. Lasch, Ingrid V. Eagly

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No abstract provided.

The Promise And Failure Of Silence As A Shield Against Immigration Enforcement, Linus Chan

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No abstract provided.

Why Limits On Contributions To Super Pacs Should Survive Citizens United, Richard W. Painter, Norman L. Eisen, Albert W. Alschuler, Laurence H. Tribe

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No abstract provided.

Commodified Promises And Contract Theory, Brian Bix

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No abstract provided.

Standards Of Proof And Civil Litigation: A Game-Theoretic Analysis, Alice Guerra, Barbara Luppi, Francesco Parisi

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In litigation models, the parties’ probability to succeed in a lawsuit hinge upon the merits of the parties’ claims and their litigation efforts. In this paper we extend this framework to consider an important procedural aspect of the legal system: the standard of proof. We recast the conventional litigation model to consider how alternative standards of proof affect litigation choices. We analyze the interrelation between different standards of proof, the effectiveness of the parties’ efforts, and the merits of the case. We study how these factors jointly affect the parties’ litigation expenditures, the selection of cases brought to the courts, …

Validating A Reduced-Order Model For Synthetic Jet Actuators Using Cfd And Experimental Data, Tim Persoons, Rick Cressall, Aliimohammadi Sajad

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Synthetic jet actuators (SJA) are emerging in various engineering applications, from flow separation and noise control in aviation to thermal management of electronics. A SJA oscillates a flexible membrane inside a cavity connected to a nozzle producing vortices. A complex interaction between the cavity pressure field and the driving electronics can make it difficult to predict performance. A reduced-order model (ROM) has been developed to predict the performance of SJAs. This paper applies this model to a canonical configuration with applications in flow control and electronics cooling, consisting of a single SJA with a rectangular orifice, emanating perpendicular to the …

Recognizing Food As Part Of Ireland’S Intangible Cultural Heritage, Máirtín Mac Con Iomaire

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Drawing on evidence from across a range of disciplines (literature, folklore, history, sociology, etc.), this paper explores the lack of an iconic link between Ireland and food, explaining the reasons why Ireland and food are not immediately linked in the popular imagination. It argues for recognition of foodways as a significant element in Ireland’s intangible cultural heritage. It highlights and interrogates constructs, such as ‘national’ and ‘regional’ cuisines, charting the growing scholarship around Irish food history from the ground breaking work of A.T. Lucas and Louis Cullen to a recent emerging cluster of doctoral researchers. The paper identifies the potential …

Lignocellulosic Biorefineries In Europe: Current State And Prospects, Shady S. Hassan, Gwilym A. Williams, Amit Jaiswal

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Lignocellulosic biorefining processes plant-derived biomass into a range of bio-based products. Currently, more than 40 lignocellulosic biorefineries are operating across Europe. Here, we address the challenges and future opportunities of this nascent industry by elucidating key elements of the biorefining sector, including feedstock sourcing, processing methods, and the bioproducts market.

Remedial Reading: Evaluating Federal Courts’ Application Of The Prejudice Standard In Capital Sentences From “Weighing” And “Non-Weighing” States, Sarah Gerwig-Moore

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On March 31, 2016, the State of Georgia executed my client, Joshua Bishop. Until the time of his execution, several successive legal teams challenged his conviction and sentence through the usual channels: direct appeal, state habeas corpus proceedings, and federal habeas corpus proceedings. The last hearing on the merits of his case was before a panel of the United States Court of Appeals for the Eleventh Circuit, which accepts appeals from death penalty cases out of Georgia, Florida, and Alabama. In a lengthy opinion describing the many mitigating circumstances present in Mr. Bishop’s case, the Eleventh Circuit denied relief. This …

Indeconstructible: The Triumph Of The Environmental “Administrative State”, Stephen M. Johnson

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Shortly after the 2017 Presidential inauguration, a senior advisor to the President proclaimed that a top priority of the Administration would be the “deconstruction of the administrative state.” A primary target of the Administration’s deconstruction efforts was the U.S. Environmental Protection Agency (“EPA”) and federal environmental regulations.

While the President can use a variety of tools, including the appointment power, budget power, treaty power, and executive orders, to influence the manner in which the EPA and other agencies interpret and enforce laws, the President has very little power to unilaterally “deconstruct the administrative state.” The “administrative state” is a creation …

Throwing The Baby Out With The Patriarchy, Scott Titshaw

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Throughout the history of Europe and its former new world colonies, families have been a central unit for defining legal rights and duties, including those related to citizenship and immigration. Less than a century ago, a woman and her children automatically gained or lost citizenship in the U.S. and many other countries upon her marriage to a citizen or noncitizen. The family was treated as one unit reflecting the legal identity of the father-husband as “head of family.”

Fortunately, the United States and other governments have increasingly recognized women – and, to a lesser extent, children – as independent persons …

A Logical Step Forward: Extending Voluntary Acknowledgments Of Parentage To Female Same-Sex Couples, Jessica Feinberg

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Under current law, stark differences exist between different- and same-sex couples who welcome children into the world with regard to the ease through which the member of the couple who did not give birth to the child is able to obtain legal parent status. While a number of simple, efficient procedures exist for establishing legal parentage for different-sex partners of women who give birth, same-sex partners of women who give birth often have to go through significantly more complex, time-consuming, and expensive procedures in order to establish legal parentage. The inequitable treatment of same-sex couples in establishing legal parentage has …

Fintech: Antidote To Rent-Seeking?, Jeremy Kidd

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Fintech is a reality of our modern society, and will likely become even more so in the future. Peer-to-peer lending, cybercurrencies, smart contracts, algorithmic lending, and more, have required adaptation by consumers and producers of financial services. Our modes of doing business will continue to be challenged and changed by these and other Fintech innovations, almost certainly expanding beyond merely “promot[ing] financial inclusion, expand[ing] access to capital for individuals and small businesses, and more broadly reshap[ing] how society interacts with financial services.” By reducing transaction costs, advancing technology opens the doors to innovations the likes of which we might not …

Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd

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Influential scholars of corporate law have questioned previous federal interventions into corporate governance, calling it quackery. Invoking images of medical malpractice, these critiques have argued persuasively that Congress, in responding to crises, makes policy that disrupts efficient private rules and established state laws. This Article applies the Bootleggers and Baptists theory to show that Dodd–Frank’s hedge fund rules are more than just negligent or reckless, but designed to benefit special interests that compete with the hedge fund model. Those rules offer no solutions to any real or perceived risks arising from hedge fund investing, but might offer an advantage to …