Digital Commons Network^™

A History Of Corporate Law Federalism In The Twentieth Century, William Wilson Bratton

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This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey's successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

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No abstract provided.

Rule 11 Is No Match For Generative Al, Jessica Gunder

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In a series of high-profile ethics debacles, attorneys who used generative Al technology found themselves in hot water after they negligently relied on fictitious cases and false statements of law crafted by the technology. These attorneys mistakenly relied upon the output they received from a generative Al product without verifying and validating that output. Their embarrassing ethical breaches made national news, and spurred judges to implement standing orders that require attorneys to disclose their use of Al technology. Scholars were quick to criticize these standing orders' and the standing orders are rife with problems. But are they needed? Or are …

Liability Rules For Automated Vehicle: Definitions And Details, William H. Widen, Phillip Koopman

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This paper explains how the law ought to assign liability for automated vehicle accidents by providing an example of a proposed statute. We advocate for the creation of the legal fiction of a "Computer Driver," which can have negligence liability, anytime a court or jury determines that the Computer Driver's behavior failed to imitate or exceed the level of care we would expect of an attentive and unimpaired Human Driver in similar circumstances. We then use this concept to explain how to determine contributory negligence and comparative fault when control of a vehicle is transferred from a Computer Driver to …

How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law's Innovative Approach, Marcia Narine Weldon, Ian Nelson

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No abstract provided.

Integrating Human Rights In Domestic Clinical Practice, Tamar Ezer, Elizabeth Brundige, Aya Fujimura-Fanselow, Ryan Thoreson

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Given that the human rights framework contains a rich and evolving body of norms and standards, integrating human rights law into clinical teaching provides new avenues to approach problem-solving. A human rights framework offers additional sources to ground moral and legal claims, as well as new strategies and advocacy targets. These alternatives work to foster creativity and lawyering skills, particularly in areas where domestic law is limited or constraining. Moreover, U.S. advocates have much to learn from global human rights struggles and advocacy efforts and can benefit from engaging in human rights discourse and practice. This article introduces readers to …

Symposium: Consortium For The Study And Analysis Of International Law Scholarship (Sails): Foreword, Kathleen Claussen

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No abstract provided.

Big Data Searches And The Future Of Criminal Procedure, Mary Fan

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This Article proceeds in three parts. Part I illuminates the nostalgic Luddism that influences Fourth Amendment jurisprudence and the challenges posed by evolving technologies to this dominant lens. This Part explains the operation of geofence and keyword warrants and how their power to crack cold cases by unidentified perpetrators both tempt and terrify. The confusion in the courts over the constitutionality of geofence and keyword warrants is emblematic of the larger challenges of the Romantic Luddism in Fourth Amendment originalism that has grown in influence over the decades.

Part II frames and theorizes the concepts of collateral impact and collateral …

Legislating Courts, Michael C. Pollack

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No abstract provided.

Taxing The Metaverse, Young Ran (Christine) Kim

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The buzz surrounding the Metaverse has been growing steadily for the past couple of years, but the tax implications of this novel ecosystem remain fuzzy to most tax scholars. Such uncertainty is concerning, given the potential and momentum of this emerging technology. Although the Metaverse evolved from online video games focused only on user consumption, it now allows users to produce income and accumulate wealth entirely within the Metaverse. Current law seems to defer taxation of such until a realization or cash-out event. This Article challenges this approach and offers novel arguments justifying Metaverse taxation. Because economic activity within the …

Collusive Foreclosure Sales: The Forgotten Legacy Of Northern Pacific V. Boyd, David G. Carlson

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In BFP v. Resolution Trust Corp. (1994), the Supreme Court ruled that mortgage foreclosures could not be fraudulent conveyances – unless the foreclosure was “collusive.” It gave no clue what made mortgage foreclosures collusive. But in 1913, the Supreme Court defined collusive mortgage foreclosures in a famous railroad receivership case – Northern Pacific R. Co. v. Boyd. Boyd is usually thought to be the origin of the absolute priority rule in bankruptcy reorganization. Actually, it was a mortgage foreclosure sale. What made the sale collusive is that some of the shareholders of the defaulting railroad were also the shareholders of …

Bounded Entities And (Some Of) Their Discontents, Saurabh Vishnubhakat

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In his new article An Organizational Theory of International Technology Transfer, Professor Peter Lee offers two richly detailed accounts at once. One is a novel theoretical framework of "bounded entities" that generalizes both from the classic theory of the firm and, of more recent vintage, from the knowledge-based theory of the firm to specify a broader notion of organizations that are bounded in the sense of robust internal integration through corporate or contractual means. In short, such entities are not firms but resemble them in consequential ways. The other account is a practical elaboration of bounded entities that are multinational …

Slipping Into Judicial Barbarism?, Pranav Verma

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Book Review | Gautam Bhatia, Unsealed Covers: A Decade of the Constitution, the Courts and the State, HarperCollins Publisher India, 2023

Downstreaming, Rachel Landy

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Spotify and its competitors all offer the same product at the same price. Why? Scholars have argued that relationships can be designed in a way that naturally promotes innovation. By “braiding” certain formal contracting practices with informal enforcement norms, parties develop a frame-work that supports trust and positive, long-term collaboration. This Article takes on this consensus and shows that not all braiding is good. Using the multibillion-dollar subscription music streaming business as an illustration, it demonstrates just how industry forces can, and do, overcome braiding’s positive slant. In that industry, the major record labels (Universal, Warner, and Sony) weaponize braiding …

The "Bounds" Of Moore: Pluralism And State Judicial Review, Leah M. Litman, Katherine Shaw

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In Moore v. Harper, the Supreme Court rejected a maximalist version of the “independent state legislature theory” (ISLT), invoking state judicial practices both before and after the Constitution was ratified. This piece uses Moore’s method to examine another variation on the ISLT, one pushed most recently by Justice Brett Kavanaugh and before him by Chief Justice William Rehnquist. The Rehnquist-Kavanaugh version of the ISLT would empower federal courts to review state officers’ interpretation of state laws regarding federal elections. But the logic of Moore is fatal to that potential version of the ISLT. The Rehnquist-Kavanaugh version of the ISLT contemplates …

Construction Of An Array Of Antibody–Gold Nanoparticle Conjugates For Their Comparative Assessment On Multiplex Lateral Flow Test To Detect Mycotoxins, Bilal Javed Nanolab Research Centre, Vinayak Sharma School Of Food Science And Environmental Health, Furong Tian Nanolab Research Centre

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Bio-functionalized gold nanoparticles with anti-toxin antibody conjugates have unique physical, biochemical, and optical properties that can greatly improve the performance of biochemical assays because they can enhance the signal intensity of analyte, improve signal transduction, have higher sensitivity of analyte detection, and provide simple colorimetric signal readouts. The surface properties of gold nanoparticles, along with various antibody conjugates, play a significant role in terms of functionalizing gold nanoparticles, and the strategy for surface modification is of great significance to the application of gold nanoparticle-mediated biochemical assays. Spherical gold nanoparticles are among the most used reporter molecules in lateral flow assays. …

Comparative Assessment Of Gold Nanoparticle-Antibody Conjugates With Two Differently Shaped Particles For Multimodal Colorimetric Lateral Flow Assay, Vinayak Sharma, Bilal Javed, Furong Tian

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Novel detection strategies that exploit the unique properties of gold nanoparticles (AuNPs) hold great potential for the advancement of point-of-care (POC) diagnostics, such as lateral flow and dipstick immunoassay [1–3]. Owing to its biocompatibility and convenient surface modifications, gold nanoparticles with enhanced sensitivity reduce the sample-to-answer times to less than 5 min (Figure 1). Methods like covalent conjugation and electrostatic adsorption are explored for antibody immobilization to develop a gold nanoparticle-based biosensor for fast and sensitive localized surface plasmon resonance (LSPR) for both basic research and clinical diagnostics. The mounting of antibodies on the gold nanoparticle surface requires selective binding …

Rejoinder To Rural Transformations And Rural Crime Book Review Published In Rural Society (Vol. 32, Iss. 3), Matt Bowden, Alistair Harkness

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In his review, John Scott makes two key but misleading charges: first is an intimation that rural criminology is dominated by a clique of scholars; and second that the book by and large lacks ‘critical’ analysis to his liking. The reviewer provides a glimpse of a broad analysis of the field and adopts an independently minded position. Indeed, some observations and claims are made that should rightly be part of a wider debate in criminology broadly, about its relevance, impact and contribution to the social sciences: legitimate and important questions that ought to be addressed. However, a few errors in …

Comparing Anova And Powershap Feature Selection Methods Via Shapley Additive Explanations Of Models Of Mental Workload Built With The Theta And Alpha Eeg Band Ratios, Bujar Raufi, Luca Longo

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Background: Creating models to differentiate self-reported mental workload perceptions is challenging and requires machine learning to identify features from EEG signals. EEG band ratios quantify human activity, but limited research on mental workload assessment exists. This study evaluates the use of theta-to-alpha and alpha-to-theta EEG band ratio features to distinguish human self-reported perceptions of mental workload. Methods: In this study, EEG data from 48 participants were analyzed while engaged in resting and task-intensive activities. Multiple mental workload indices were developed using different EEG channel clusters and band ratios. ANOVA’s F-score and PowerSHAP were used to extract the statistical features. At …

Federal Indian Law As Method, Matthew L. M. Fletcher

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Morton v. Mancari is well-known in Indian law circles as a foundation for the tribal self-determination era, which is generally understood to have begun in the late 1960s and early 1970s. The case involved an Act of Congress that required the federal “Indian Office” (now called the Bureau of Indian Affairs) to grant preference in employment to “Indians.” The case is typically understood as the basis for analyzing how federal statutes that apply exclusively to Indian people do not implicate the anti-discrimination principles of the United States Constitution. This understanding of the case, while correct, is too narrow.

‘Is This Song A Rebel Song?’: Republican Legitimacy And The Contested Narratives Of The Irish Revolutionary Soundscape, Seán Ó Cadhla

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This article will demonstrate how the diverse body of musical narratives broadly collectivised as ‘Irish rebel songs’ exhibit multi-layered categorisation difficulties beyond those typically pertaining to the wider canon of traditional folksong. Due to the systemic, often febrile, contestation surrounding ideological legitimacy within the Irish national struggle, such texts must necessarily navigate multiple historico-political complexities, foremost of which is the dogmatically essentialised, yet organisationally splintered, tradition of physical-force Irish Republicanism. Such disputed ideological demarcations encourage a notable subjectivity in terms of how rebel songs are viewed from both musicological and political perspectives in Ireland to the present, a liminality reflected …

Britain’S Tea Shortage Scare A Sign Of Trouble Brewing, Nikolaos Valantasis Kanellos, Sarah Schiffling

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The Red Sea supply chain crisis has exposed glaring weaknesses in global transport that pose big questions about how our economy will work moving forward.

Bioaccumulation Of Сr, Zn, Pb And Cu In Ambrosia Artemisiifolia L. And Erigeron Canadensis L., Volodymyr Laptiev, Samuel Obeng Apori, Michelle Giltrap, Furong Tian, Nataliia Ryzhenko

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The city of Dnipro, a prominent industrial hub in Ukraine, is recognized for its particularly its significant industrial development. This study focused on two prevalent plant species, Ambrosia artemisiifolia L. and Erigeron canadensis L., within the vicinity. Sampling was conducted at points located 12.02 km away from the emission sources associated with battery production and recycling plants in Dnipro. Analysis of heavy metal concentrations such as, Cr, Cu, Pb, and Zn was conducted using atomic emission spectrometry from the soil and plants tissues of Ambrosia artemisiifolia L. and Erigeron canadensis L. The translocation coefficient (TF) was calculated for both plant …

Spectralomics – Towards A Holistic Adaptation Of Label Free Spectroscopy, Hugh Byrne

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Vibrational spectroscopy, largely based on infrared absorption and Raman scattering techniques, is much vaunted as a label free approach, delivering a high content, holistic characterisation of a sample, with demonstrable applications in a broad range of fields, from process analytical technologies and preclinical drug screening, to disease diagnostics, therapeutics, prognostics and personalised medicine. However, in the analysis of such complex systems, a trend has emerged in which spectral analysis is reduced to the identification of individual peaks, based on reference tables of assignments derived from literature, which are then interpreted as biomarkers. More sophisticated analysis attempts to unmix the spectrum …

What Matters In Moore, Reuven Avi-Yonah

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Why does the pending Moore case in the Supreme Court matter? The obvious answer is that if the Court decides that realization is a constitutional requirement for an income tax, the holding will have significant implications for the existing income tax regime. Depending on how broad the decision is, it could enable constitutional challenges to subpart F, the global intangible low-taxed income regime, partnership and subchapter S taxation, and sections 275, 877A, 1256, and 1259, to name just a few. And even if most or all of these challenges are ultimately decided against the taxpayers (for example, because realization does …

The Insidious War Powers Status Quo, Rebecca Ingber

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This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend unilateral presidential authority, and its dispersal of the power to use force to the outer limbs of the bureaucracy.

A Tale Of Two Subject-To-Tax Rules, Sol Picciotto, Jeffery M. Kadet, Bob Michel

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In this article, we analyze and compare two proposals for a new subject-to-tax rule (STTR) provision to be included in tax treaties, one from the U.N. Tax Committee and the other from the G20/OECD inclusive framework on base erosion and profit shifting. The U.N. proposal is broad, and would clarify that restrictions in tax treaties on taxation of income at the source where it is derived are conditional on that income being taxed at an agreed-upon minimum rate in the country where it is received. The inclusive framework version is much more limited, being confined to payments between connected entities …

Arbitration's Unraveling, Myriam E. Gilles

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It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that stand as an obstacle to enforcement of the class-banning arbitration clauses that companies tuck into standard-form contracts. In that time, plaintiffs’ lawyers have tried challenging class action–banning arbitration provisions on myriad legal grounds, as well as pressing for federal and state legislation to undo the Court’s ruling in AT&T Mobility LLC v. Concepcion. Neither strategy has borne much fruit—until now. In the past few years, congressional action has exempted specific categories of cases from mandatory arbitration, suggesting that an area-by-area …

Reimagining First Amendment Remedies, Ronald J. Krotoszynski Jr., Caprice L. Roberts

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Since the Warren Court's landmark First Amendment decisions of the I 9 6os, the Supreme Court has aggressively deployed the Free Speech Clause to provide broad substantive protections for expressive freedoms. These rules, in theory, should effectively safeguard the marketplace of political ideas and facilitate both speaker and audience autonomy. No matter haw broadly fashioned, however, a constitutional rule is only as strong as the remedies available to enforce it–and far too often, First Amendment remedies are either woefully weak or effectively nonexistent. When a would-be First Amendment plaintiff cannot obtain a meaningful remedy for a proven constitutional violation, the …

What Can State Medical Boards Do To Effectively Address Serious Ethical Violations?, Tristan Mcintosh, Elizabeth Pendo, Heidi A. Walsh, Kari A. Baldwin, Patricia King, Emily E. Anderson, Catherine V. Caldicott, Jeffrey D. Carter, Sandra H. Johnson, Katherine Matthews, William A. Norcross, Dana C. Shaffer, James M. Dubois

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State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious wrongdoing by physicians.