Digital Commons Network^™

Mending Broken Promises In Sustainable Design, Alex Lobos

Articles

Sustainable Product Design is effectively combining solutions that address environmental issues while elevating user experience and achieving success in the marketplace. A closer look at the effectiveness of sustainability strategies in the design process reveals that some of the best efforts in this area do not yield the benefits promised. Examples of these shortcomings include product operation with unnecessary features that push performance beyond environmentally friendly levels, products made out of recyclable materials that still end up in landfills and consumers that do not connect sustainable lifestyles to the products they use.

An effective model for consistent benefits in sustainable …

Un Nino Judio En El Equipo: Futbol E Identidad En Pelota De Trap (De Leopoldo Torres Rios), Mirna Vohnsen

Articles

Este art ículo se centra en la representación de Abrahamcito, un niño judío que aparece en la película argentina Pelota de trapo (Leopoldo Torres Ríos, 1948). Se explora la relación que el niño tiene con su padre y los demás niños del vecindario, así como también la manera en que el fútbol como metáfora de integración promueve una alianza superior a cualquier otra. Se demuestra que Abrahamcito, quien hace frente a los ideales de su padre y se une a los otros niños en los juegos de pelota, forja su identidad de pertenencias múltiples en la que integra su identidad …

"Then To Death Walked, Softly Smiling": Violence And Martyrdom In Modern Irish Republican Ballads, Seán Ó Cadhla

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This article critically considers the representation of death within the song tradition of modern Irish Republicanism. I explore how such representations have changed in parallel with the various ideological metamorphoses that Irish Republicanism has undergone, specifically in the twentieth century. I argue that the centrality of self-sacrifice has resulted in the development of ballad narratives that deliberately obfuscate on the issue of Republican violence, resulting in the deaths of all Republican militants (regardless of cause or context), ultimately portrayed as a form of heroic self-martyrdom.

San alt seo, déantar anailís chriticiúil ar léiriú an bháis i dtraidisiún amhránaíocht Phoblachtach na …

Transparency, Transparency:Comparing The New Lobbying Legislation In Ireland And The Uk, Sean Keeling, Sharon Feeney, John Hogan

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his paper analyses the strength of the new laws regulating lobbying in Ireland and the United Kingdom (UK). This examination was conducted using the Centre for Public Integrity’s (CPI) ‘Hired Guns’ quantitative method for assessing the stringency of lobbying legislation. These laws were introduced, after years of unfulfilled promises and scandals, in an effort to increase the public’s trust in their representative institutions. We find that the Irish Regulation of Lobbying Act 2015 offers a slightly higher level of transparency than the UK’s Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. Additionally, using the CPI’s index allows …

A Path Dependence Approach To Understanding Educational Policy Harmonisation: The Qualifications Framework In The European Higher Education Area, Sharon Feeney, John Hogan

Articles

This paper examines the development of a system of easily readable and comparable qualifications within a single Qualifications Framework in the European Higher Education Area (QF-EHEA) as part of the Bologna process. Employing a path dependence approach, combined with new understandings of critical junctures and incremental policy change, as our conceptual lens, we find that multiple self-reinforcing events between the 1998 Sorbonne Declaration and the 2005 Bergen Communiqué, in the form of Declarations and Communiqués, guided implementation of the Bologna policy process, along with elements of incremental layering. We also see evidence that policy formation and implementation are self-reinforcing in …

Examining The Role Of Store Design On Consumers’ Cross-Sectional Perceptions Of Retail Brand Loyalty, John Murray Dr., Jonathan Elms, Christoph Teller

Articles

This paper compares new and established store design prototypes of the same retailer to examine the role of consumers’ cross-sectional perceptions of retail brand loyalty. In-store surveys were administered to capture consumers’ store-level perceptions towards a new store prototype and an older established prototype of the same fast fashion retailer. The data was subjected to multi-group analyzes with structural equations modeling. The findings suggest that store novelty and complexity promote both store design pleasure and retail brand loyalty outcomes. The different store designs do not, however, account for differences in brand loyalty perceptions at the overall retailer level when multi-group …

Internal Brand Identification As Metamorphic Glue In The Internal Branding Process Within A Retailer Network, Edmund O'Callaghan, John Murray

Articles

The growth of collaborative independent retail networks (CIRN’s) has been a significant response by independents to the growing power of retailer multiples. These networks vary in nature and structure, but share a common objective of improved competitiveness through more effective buying, pooled marketing and/or national brand recognition. At a minimum, these networks have enabled independent retailers to achieve a relative degree of competitive parity with multiples, through participation in strategic brand building. Consequently, there is a need for a greater understanding of key issues relating to building independent store brands through collaborative networks. This research aims to better understand the …

Model For Screened, Charge-Regulated Electrostatics Of An Eye Lens Protein: Bovine Gammab-Crystallin, Christopher W. Wahle, K. Michael Martini, Dawn M. Hollenbeck, Andreas Langner, David S. Ross, John F. Hamilton, George M. Thurston

Articles

We model screened, site-specific charge regulation of the eye lens protein bovine gammaB-crystallin (γB) and study the probability distributions of its proton occupancy patterns. Using a simplified dielectric model, we solve the linearized Poisson-Boltzmann equation to calculate a 54 × 54 work-of-charging matrix, each entry being the modeled voltage at a given titratable site, due to an elementary charge at another site. The matrix quantifies interactions within patches of sites, including γB charge pairs. We model intrinsic pK values that would occur hypothetically in the absence of other charges, with use of experimental data on the dependence of pK values …

Statistical-Thermodynamic Model For Light Scattering From Eye Lens Protein Mixtures, Michael M. Bell, David S. Ross, Maurino P. Bautista, Hossein Shahmohamad, Andreas Langner, John F. Hamilton, Carrie N. Lahnovych, George M. Thurston

Articles

We model light-scattering cross sections of concentrated aqueous mixtures of the bovine eye lens proteins γB- and α-crystallin by adapting a statistical-thermodynamic model of mixtures of spheres with short-range attractions. The model reproduces measured static light scattering cross sections, or Rayleigh ratios, of γB-α mixtures from dilute concentrations where light scattering intensity depends on molecular weights and virial coefficients, to realistically high concentration protein mixtures like those of the lens. The model relates γB-γB and γB-α attraction strengths and the γB-α size ratio to the free energy curvatures that …

Consciousness, Evidence, And Moral Standing, Irina Mikhalevich

Articles

Woodruff (2017) claims to have identified the neural correlates of phenomenal consciousness (“p-consciousness”) in fishes, and argues that these neurological data, along with behavioral evidence, suggest that teleost fishes are in all probability sentient organisms. Woodruff’s case may be strengthened by challenging key assumptions behind a common criticism of accounts such as his: that fishes cannot be p-conscious because they lack the cortical structures necessary for p-consciousness. A more serious objection to Woodruff’s proposal would be that his evidence for p-consciousness establishes only that fishes are “access-conscious” (“a-conscious”), where a-conscious states are cognitive representations that are made available to cognitive …

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

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In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …

The Role Of Law In Adaptive Governance, Barbara Cosens

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The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence …

Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon

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No abstract provided.

First Amendment Right To A Remedy, Benjamin Plener Cover

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Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …

Hybrid Jury Strikes, Aliza Plener Cover

Articles

Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes. But many doubt Batson's efficacy at uncovering latent discrimination. During the 2015-16 term, while recognizing a Batson violation in Foster v. Chatman, the Supreme Court counter-intuitively reinforced this concern. Foster is the rare case in which prosecutors documented in writing their reliance on race. A framework that depends on such transparency is weak and …

Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel

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No abstract provided.

The Immigrant Right To Work, Geoffrey Heeren

Articles

Federal and state policies that make immigrant work putatively illegal are in tension with a constitutional right to work that is deeply rooted in United States history and jurisprudence. The Department of Homeland Security ("DHS") regulates immigrant work through a system of employment authorization and sanctions on employers who hire unauthorized immigrant workers. This system has become such a central feature of immigration law that few recognize it is a relatively recent innovation. While the United States has always regulated its domestic labor market by modulating immigration, regulation of work as a mechanism of immigration enforcement has only existed since …

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum

Articles

Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC's enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC's enforcement division prevailed …

Will Patenting Make As Much Sense In The New Regime Of Weakened Patent Rights And Shorter Product Life Cycles?, David Hricik

Articles

After its founding in 1982, the US Court of Appeals for the Federal Circuit strengthened patent protection. During that time, businesses—which acquire 90 percent of all patents—increasingly applied for and enforced patents. Clearly, the benefit of having a patent outweighed the cost of doing so.

This Article shows that a central benefit of applying for a patent is that it permits its owner to exclude others from making the patented invention. A patent owner can use the coercive power of a patent to exclude others from making the invention, or to permit others to make the patented invention, but only …

“Young Men Of Erin, Our Dead Are Calling”: Death, Immortality And The Otherworld In Modern Irish Republican Ballads, Seán Ó Cadhla

Articles

Irish physical-force Republicanism has long been noted for its tendency to promote the tropes of martyrdom and immortality as core tenets of its ideological belief system. This essay sets out to examine the genre of Republican death ballads so as to identify how such essentialist concepts are represented and promoted within the attendant song tradition. Particular attention will be paid to works that deploy overtly supernatural tropes in order to articulate the key Republican concept of heroic immortality. The present research will demonstrate the consistency with which such narrative devices have been retained within the Republican song tradition into the …

The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli

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No abstract provided.

What Congress's Repeal Efforts Can Teach Us About Regulatory Reform, Cary Coglianese, Gabriel Scheffler

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Major legislative actions during the early part of the I I 5th Congress have undermined the central argument for regulator reform measures such as the RELVS Act, a bill that would require congressional approval of all new major regulations. Proponents of the RELVS Act argue that it would make the federal regulator system more democratic by shifting responsibility for regulatoy decisions away from unelected bureaucrats and toward the people's representatives in Congress. But separate legislative actions in the opening of the 115th Congress only call this argument into question. Congress's most s 'gni/cant initiatives during this period-its derailed attempts to …

Corporate Governance, Compliance, Social Responsibility, And Enterprise Risk Management In The Trump/Pence Era, Marcia Narine Weldon

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No abstract provided.

Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane

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No abstract provided.

The Separation Of Corporate Law And Social Welfare, William Wilson Bratton

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No abstract provided.

A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson

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No abstract provided.

In Memoriam: M. Cherif Bassiouni, Charles C. Jalloh

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No abstract provided.

Disarming State Action; Discharging State Responsibility, Zanita E. Fenton

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No abstract provided.

Simplexity: Plain Language And The Tax Law, Joshua D. Blank, Leigh Osofsky

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In recent years, federal government agencies have increasingly attempted to use plain language in written communications with the public. The Plain Writing Act of 2010, for instance, requires agencies to incorporate "clear and simple" explanations of rules and regulations into their official publications. In the tax context, as part of its "customer service" mission, the Internal Revenue Service bears a "duty to explain" the tax law to hundreds of millions of taxpayers who file tax returns each year. Proponents of the plain language movement have heralded this form of communication as leading to simplicity in tax compliance, more equitable access …

Democratic Surveillance, Mary Anne Franks

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No abstract provided.