Digital Commons Network^™

Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane

Articles

"In recent years, Tesla Motors (recently renamed Tesla) has been engaged in a state-by-state ground way for the right to distribute it’s all-electric vehicles directly to consumers. The car dealers' lobby, with the political backing of General Motors, has fiercely battled back, relying on decades-old state dealer protection laws to argue that Tesla is legally bound to distribute through franchised dealers. Through a combination of favorable state legislative and judicial decisions, Tesla has won the right to distribute directly in many states, but remains categorically barred from direct distribution in important states like Michigan and Texas--and hence all direct distribution …

Reimagining Legal Education: Incorporating Live-Client Work Into The First-Year Curriculum, Nancy Vettorello, Beth Hirschfelder Wilensky

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Since 2015, Legal Practice faculty have partnered with local legal services organizations and the law school’s own clinics to provide our 1L students with client interaction, under the close supervision of experienced attorneys. So far, our students have worked with the Michigan Immigrant Rights Center, Legal Services of South Central Michigan, and the school’s Unemployment Law Clinic.

Trends In Prisoner Litigation, As The Plra Approaches 20, Margo Schlanger

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The Prison Litigation Reform Act (PLRA) enacted in 1996 as part of the Newt Gingrich “Contract with America,” is now as old as many prisoners. In the year after the statute’s passage, some commenters labeled it merely “symbolic.” In fact, as was evident nearly immediately, the PLRA undermined prisoners’ ability to bring, settle, and win lawsuits. The PLRA conditioned court access on prisoners’ meticulously correct prior use of onerous and error-inviting prison grievance procedures. It increased filing fees, decreased attorneys’ fees, and limited damages. It subjected injunctive settlements to the scope limitations usually applicable only to litigated injunctions. It made …

Japan’S Adr System For Resolving Nuclear Power-Related Damage Disputes, Daniel H. Foote

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This paper has dual aims. First, it introduces the Nuclear Power-Related Damage Claim Resolution Center, established in 2011 to handle disputes arising out of the March 2011 meltdown at the Fukushima Daiichi nuclear power plant. After first examining the genesis of that Center, this paper describes its structure and roles and discusses its performance, including the challenges it has faced and the accomplishments it has achieved. Second, this paper seeks to place that Center into the broader context of the overall development of alternative dispute resolution (ADR) in Japan and to assess its impact. Two major themes recur throughout this …

Privacy, Vulnerability, And Affordance, Ryan Calo

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This essay begins to unpack the complex, sometimes contradictory relationship between privacy and vulnerability. I begin by exploring how the law conceives of vulnerability — essentially, as a binary status meriting special consideration where present. Recent literature recognizes vulnerability not as a status but as a state — a dynamic and manipulable condition that everyone experiences to different degrees and at different times. I then discuss various ways in which vulnerability and privacy intersect. I introduce an analytic distinction between vulnerability rendering, i.e., making a person more vulnerable, and the exploitation of vulnerability whether manufactured or native. I also describe …

Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo

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Talk of artificial intelligence is everywhere. People marvel at the capacity of machines to translate any language and master any game. Others condemn the use of secret algorithms to sentence criminal defendants or recoil at the prospect of machines gunning for blue, pink, and white-collar jobs. Some worry aloud that artificial intelligence will be humankind’s “final invention.” This essay, prepared in connection with UC Davis Law Review's 50th anniversary symposium, explains why AI is suddenly on everyone's mind and provides a roadmap to the major policy questions AI raises. The essay is designed to help policymakers, investors, technologists, scholars, and …

Is There A Right To Be Free From Corruption?, Anita Ramasastry

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Scholars and policymakers have, for some time, focused on the link between corruption and human rights. This has been to illustrate that corruption is not a victimless crime. While this has publicized the impact of corruption on individuals and on society, it has not changed the lack of political will to prosecute many instances of corruption. Thus citizens often stand by as their leaders plunder national treasuries. Rather than focusing solely on human rights, or trying to create a new “human right” to be free from corruption, this article explores the right to a legal remedy for victims of corruption …

Model Rule 5.7 And Lawyers In Government Jobs - How Can They Ever Be Non-Lawyers, Hugh D. Spitzer

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This article focuses on the application of the Rules of Professional Conduct to licensed attorneys who serve in non-lawyer jobs in government. There is a fair amount of literature about members of the bar who serve as staff counsel in legislatures or executive agencies. There is also literature on Rule 5.7 of the ABA Model Rules of Professional Conduct (“Responsibilities Regarding Law-related Services”) in the context of practicing lawyers who participate in ancillary “non-lawyering” business activities. Model Rule 5.7 deals with “services that might reasonably be performed” or “are related to the provision of legal services” but which are permitted …

Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills

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The federal government’s trust relationship with federally recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …

Postpartum Taxation And The Squeezed Out Mom, Shannon Weeks Mccormack

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Faced with too-short (or nonexistent) maternity leaves, inflexible work schedules, and the soaring costs of childcare in the United States, many new mothers temporarily leave the workforce to care for their young children. Although media attention has focused on the “opt-out” mom, many more mothers are squeezed out of the external workplace. But mothers that try to return to work may discover that it is difficult to do so, as employers have been shown to be less likely to hire mothers than others. A mother that does reenter may find that even short periods out of work cost (sometimes far) …

Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen

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While a zombie is the undead and has no expiration, patents do. A patent comes into existence the moment the government, through the United States Patent and Trademark Office (USPTO), examines the invention application and issues a grant of patent. From that birth, a patent will have a lifetime of only twenty years from the date of filing the application. Patents expire and have no life after the twenty-year period.

Some patents die when the patentees abandon them by not paying maintenance fees. Dead patents must remain dead and become part of the public domain. Unfortunately, this Essay observes that …

Backdating Marriage, Peter Nicolas

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Many same-sex couples have been in committed relationships for years, even decades. Yet until 2004 no same-sex couples in the United States had the right to marry in any state and until the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges the right was unavailable to same-sex couples nationwide. Due to this longstanding denial of the right to marry, most same-sex relationships appear artificially short when measured solely by reference to the couple's civil marriage date.

This circumstance has important legal consequences for many same-sex couples, as a number of rights associated with marriage are tied not merely to …

Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan

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A movement toward police regulation by recording is sweeping the nation. Responding to calls for accountability, transparency and better evidence, departments have rapidly adopted body cameras. Recording policies require the police to record more law enforcement encounters than ever before. But what happens if officers do not record? This is an important, growing area of controversy. Based on the collection and coding of police department body camera policies, this Article reveals widespread detection and enforcement gaps regarding failures to record as required. More than half of the major-city departments in the sample have no provisions specifying consequences for not recording …

Introductory Essay: Catastrophe Thinking, Fast And Slow, Todd A. Wildermuth

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No abstract provided.

The Worst System Of Citation Except For All The Others, David J.S. Ziff

Articles

Now in its twentieth edition, The Bluebook continues to cast its shadow over the legal profession just as it has for almost 100 years, helping legal writers format their references to authorities in briefs, memoranda, opinions, and law review articles. Previous critiques have offered various theories for why, despite its problems, The Bluebook remains the standard for legal citation. Ivy League elitism, the first-mover advantage, and lawyers’ conservative preference for the status quo have all been offered to explain the seemingly inexplicable: If this system is so terrible, then why are we still stuck with it?

One potential answer to …

Astroturf Activism, Melissa J. Durkee

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Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law.

This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

Judging Congressional Elections, Lisa Marshall Manheim

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This Article reveals what passes as federal constitutional law in this area: a chaotic set of ad hoc, state-based interpretations that vary drastically by jurisdiction. Some states, for example, have interpreted Article I, Section 5 to permit courts to adjudicate congressional election contests. Others have concluded the opposite. Through such conflicting interpretations, state courts have contributed to a deep, intractable split on the provision's meaning and reach.

State legislatures have compounded the discord by enacting statutes that codify their interpretations, a move that renders their constitutional determinations practically unreviewable. Meanwhile, both Houses of Congress continue to adjudicate these congressional election …

A Transactional Theory Of The Reader In Copyright Law, Zahr K. Said

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Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” artistic works to determine whether these works have been infringed. Despite the central role that this reading—or viewing, or listening—plays in copyright disputes, copyright law lacks a robust theory of reading, and of the proper role for the “reader.” Reading matters in copyright cases, first, because many courts rely on the “ordinary observer” standard to determine infringement, which requires figuring out or assuming how an ordinary observer would read the works at issue. Second, most courts characterize a key part of infringement analysis as a …

The Advent Of Lawyers In Japanese Government, Daniel H. Foote

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Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal …

How Adverse Outcome Pathways Can Aid The Development And Use Of Computational Prediction Models For Regulatory Toxicology, Clemens Wittwehr, Hristo Aladjov, Gerald Ankley, Hugh Byrne, Joop Deknecht

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Efforts are underway to transform regulatory toxicology and chemical safety assessment from a largely empirical science based on direct observation of apical toxicity outcomes in whole organism toxicity tests to a predictive one in which outcomes and risk are inferred from accumulated mechanistic understanding. The adverse outcome pathway (AOP) framework provides a systematic approach for organizing knowledge that may support such inference. Likewise, computational models of biological systems at various scales provide another means and platform to integrate current biological understanding to facilitate inference and extrapolation. We argue that the systematic organization of knowledge into AOP frameworks can inform and …

Synthesis And Characterization Of A Multifunctional Gold-Doxorubicin Nanoparticle System For Ph Triggered Intracellular Anti-Cancer Drug Release, Ghanesh Khutale, Alan Casey

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A nanoparticle drug carrier system has been developed to alter the cellular uptake and chemotherapeutic performance of an available chemotherapeutic drug. The system comprises of a multifunctional gold nanoparticle based drug delivery system (Au-PEG-PAMAM-DOX) as a novel platform for intracellular delivery of doxorubicin (DOX). Spherical gold nanoparticles were synthesized by a gold chloride reduction, stabilized with thiolated polyethylene glycol (PEG) and then covalently coupled with a polyamidoamine (PAMAM) G4 dendrimer. Further, conjugation of an anti-cancer drug doxorubicin to the dendrimer via amide bond resulted in Au-PEG-PAMAM-DOX drug delivery system. Acellular drug release studies proved that DOX released from Au-PEG-PAMAM-DOX at …

In Vitro Comparative Cytotoxicity Study Of Aminated Polystyrene, Zinc Oxide And Silver Nanoparticles On A Cervical Cancer Cell Line, Akash Sharma, Brian Gorey, Alan Casey

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Nanoparticles use in nano-biotechnology applications have increased significantly with Aminated polystyrene amine (AmPs NP), Zinc oxide (ZnO NP), and Silver (Ag NP) nanoparticles utilized in wide variety of consumer products. This has presented a number of concerns due to their increased exposure risks and associated toxicity on living systems. Changes in the structural and physicochemical properties of nanoparticles can lead to changes in biological activities. This study investigates, compares, and contrasts the potential toxicity of AmPs, ZnO and Ag NPs on an in vitro model (HeLa cells) and assesses the associated mechanism for their corresponding cytotoxicity relative to the surface …

Carbon Nanomaterials And Their Application To Electrochemical Sensors: A Review, Aoife Power, Shaneel Chandra, Brian Gorey, James Chapman

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Carbon has long been applied as an electrochemical sensing interface owing to its unique electrochemical properties. Moreover, recent advances in material design and synthesis, particularly nanomaterials, has produced robust electrochemical sensing systems that display superior analytical performance. Carbon nanotubes (CNTs) are one of the most extensively studied nanostructures because of their unique properties. In terms of electroanalysis, the ability of CNTs to augment the electrochemical reactivity of important biomolecules and promote electron transfer reactions of proteins is of particular interest. The remarkable sensitivity of CNTs to changes in surface conductivity due to the presence of adsorbates permits their application as …

Biofunctionalized Capillary Flow Channel Platform Integrated With 3d Nanostructured Matrix To Capture Circulating Tumor Cells, Shashwat Banerjee, Ganesh Khutale, Vrushali Khobragade, Narendra Kale, Milind Pore, Govind Chate, Archana Jalota-Badhwar, Manoj Dongare, Jayant Khandare

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Circulating tumor cells (CTCs) from peripheral blood account genetic information for cancer diagnosis and overall disease monitoring. Analysis of “liquid biopsy” holds immense promise as it may lead to new approaches for cancer treatment. The study reports effective and continuous flow microchannel system for isolating CTCs using transferrin conjugated 3D matrix synthesized by crosslinking polyethylene glycol-Fe3O4 nanostructures for rapid and efficient capturing of CTCs. The platform provides option of using multiple microchannel units in series that can influence higher cell-capture efficiency due to increasing cell-substrate contact frequency. CTCs are captured with high efficiency even at low concentration of target cells …

Integration Of Biological Effects, Fish Histopathology And Contaminant Measurements For The Assessment Of Fish Health: A Pilot Application In Irish Marine Waters, Michelle Giltrap, Jenny Ronan, John Bignell, Brett Lyons, Evelyn Collins, Heather Rochford, Brendan Mchugh, Evin Mcgovern, Lorraine Bull, James Wilson

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This study investigates the use of a weight of evidence (WOE) approach to evaluate fish health status and biological effects (BEs) of contaminants for assessment of ecosystem health and discusses its potential application in support of the Marine Strategy Framework Directive (MSFD). External fish disease, liver histopathology and several BEs of contaminant exposure including 7-ethoxy resorufin O-de-ethylase (EROD), acetylcholinesterase (AChE), bile metabolites, vitellogenin (VTG) and alkali labile phosphates (ALP) were measured in two flatfish species from four locations in Ireland. Contaminant levels in fish were generally low with PCBs in fish liver below OSPAR environmental assessment criteria (EAC). There were …

An Enhanced Spring-Particle Model For Red Blood Cell Structural Mechanics: Application To The Stomatocyte–Discocyte– Echinocyte Transformation, Mingzhu Chen, Fergal Boyle

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Red blood cells (RBCs) are the most abundant cellular element suspended in blood. Together with the usual biconcave-shaped RBCs, i.e., discocytes, unusual-shaped RBCs are also observed under physiological and experimental conditions, e.g., stomatocytes and echinocytes. Stomatocytes and echinocytes are formed from discocytes and in addition can revert back to being discocytes; this shape change is known as the stomatocyte–discocyte–echinocyte (SDE) transformation. To-date, limited research has been conducted on the numerical prediction of the full SDE transformation. Spring- particle RBC (SP-RBC) models are commonly used to numerically predict RBC mechanics and rheology. However, these models are incapable of predicting the full …

Precise Flow-Control Using Photo-Actuated Hydrogel Valves And Pid-Controlled Led Actuation, Colm Delaney, Simon Coleman, Jeff Whyte, Nigel Kent, Dermot Diamond

Articles

Herein we demonstrate remarkable control of flow within fluidic channels using photo-actuated hydrogel valves. By polymerizing the valves in situ it has been possible to create highly reproducible valves. Through the use of an LED platform and a PID algorithm we have generated extremely accurate flow control and created prototype devices to document their potential application within the microfluidics field.

Fructooligosacchariedes Integrity After Atmospheric Cold Plasma And High Press, Francisca Almeida, Wesley Gomes, Rosane Souza Cavalcante, Brijesh Tiwari, Patrick J. Cullen, Jesus Maria Frias, Paula Bourke, Fabiano Fernandes, Sueli Rodrigues

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In this study, the effect of atmospheric pressure cold plasma and high-pressure processing on the prebiotic orange juice was evaluated. Orange juice containing 7g/100g of commercial fructooligosaccharides (FOS) was directly and indirectly exposed to a plasma discharge at 70kV with processing times of 15, 30, 45 and 60s. For high-pressure processing, the juice containing the same concentration of FOS was treated at 450MPa for 5min at 11.5°C in an industrial equipment (Hyperbaric, model: 300). After the treatments, the fructooligosaccharides were qualified and quantified by thin layer chromatography. The organic acids and color analysis were also evaluated. The maximal overall fructooligosaccharides …

The Potential Of Atmospheric Air Cold Plasma For Control Of Bacterial Contaminants Relevant To Cereal Grain Production, Agata Los, Dana Ziuzina, Daniela Boehm, Patrick J. Cullen, Paula Bourke

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The aim of this work was to investigate the efficacy of dielectric barrier discharge atmospheric cold plasma (DBD ACP) against bacteria associated with grains quality and safety. ACP inactivation efficacy was tested against biofilms formed by different strains of E. coli, Bacillus and Lactobacillus in grain model media and against B. atrophaeus endospores either in grain media or attached on abiotic surfaces. Effects were dependent on bacterial strain, media composition and mode of ACP exposure. ACP treatment for 5min reduced E. coli spp., B. subtilis and Lactobacillus spp. biofilms by >3 log10, whereas insignificant reductions were achieved for B. atrophaeus. …

An Analysis Of Harmonic Heating In Smart Buildings And Distribution Network Implications With Increasing Non-Linear (Domestic) Load And Embedded Generation, Chittesh Veni Chandran, Keith Sunderland, Malabika Basu

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Harmonic distortion is generally not taken into account within domestic installations and the associated wiring systems, as its potential is considered sufficiently small to be neglected. Standards to limit harmonic manifestations in the low voltage (LV) network are available, but these can be breached as a consequence of advancements in power electronics in some modern household devices contributing higher levels of harmonic distortion than permitted. While these devices individually might not be considered serious in terms of system level harmonic distortion manifestations, electrical equipment failures and insulation failures - increasingly being derived from harmonic cable heating - suggest a different …