Digital Commons Network^™

The Bottini Saga: Why Housing Shortages Are Endemic In California, Richard Epstein

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No abstract provided.

Dynamic Diffusion, Adam Chilton, Anu Bradford, Katerina Linos

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Research on legal diffusion typically focuses on laws’ initial adoption and ignores their later evolution. We develop a typology of three subsequent diffusion patterns: convergence, when countries revise laws to move closer to leading regulators; customization, when countries revise laws to move away from leading regulators; and stagnation, when countries cease legislating, leaving initially adopted laws in place. We then propose a general theory suggesting that economic size and geographic distance from leading regulators predict which of the three patterns countries follow. We explore this theory with case studies on the dynamic diffusion of antitrust laws in Russia, Colombia, and …

Real-World Prior Art, Jonathan Masur, Lisa Ouellette

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No abstract provided.

Competition And Congestion In Trademark Law, Jonathan Masur, Christopher Buccafusco, Mark Mckenna

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No abstract provided.

The Magnet School Wars And The Future Of Colorblindness, Sonja Starr

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The Supreme Court’s recent decision striking down the use of race-based classifications in university admissions reflects its growing commitment to the concept of “colorblindness,” which has implications well beyond education. In anticipation, many schools and other actors are already moving toward alternative, facially race-neutral strategies for promoting diversity and reducing racial disparity. But what will happen when those policies too are challenged because they have race-related motives? Will courts soon find all race-conscious policymaking unlawful based on its ends? This is the next stage of the legal battle over colorblindness, and it is already underway.

The first wave of this …

Grid Reliability In The Electric Era, Joshua Macey, Hannah Wiseman, Shelley Welton

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The United States has delegated the responsibility of keeping the lights on to a self-regulatory organization called the North American Electric Reliability Corporation (NERC). Although NERC is a crucial example of industry-led governance—and regulates in an area that is central to our economy and basic human survival—this unusual institution has received scant attention from policymakers and scholars. Such attention is overdue. To decarbonize its economy, the United States must enter a new “electric era,” transitioning many sectors to run on electricity while also transforming the electricity system itself to run largely on clean but intermittent renewable resources. These new resources …

On The Genealogy Of Intimate Digital Harm, Aziz Huq

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No abstract provided.

Insolvency Courts: General Principles For Systems Design, Anthony Casey, Joshua Macey

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This article sets out general principles for designing the role of corporate insolvency courts. The authors identify four general considerations relevant to that design: (a) the sophistication and development of the relevant private markets and private law, (b) the applicable background corporate law principles, (c) the competence—in terms of experience and sophistication, capacity and resources, efficiency, and neutrality and lack of corruption—of the courts in question, and (d) the availability of alternative systems through forum and venue shopping or other forms of exit. Having identified these considerations, the article then explores how each affects the role that insolvency courts should …

The Shadow Of The Law Of The Police, Adam Davidson

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No abstract provided.

The North Of Ireland During The Interregnum: A Gramcian Analysis Of Power And Crisis, Chris Ó'Rálaigh

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The North of Ireland was induced in to existence over a century ago, yet the polity lacked societal-wide legitimacy. The outbreak of conflict in 1968 signalled the beginning of an interregnal period in which the old order was substantially challenged. Whilst the Good Friday Agreement was idealised as an end to this interregnum, Brexit has re-opened the battle for politico-ideological supremacy. This paper traces the contours of the hegemony-seeking strategies of the various political actors from 1968-present and assesses whether we are in the crucial and final phase of the organic crisis of the North of Ireland.

Social Care Managers' Perspectives On Statutory Registration Of Social Care Workers In Ireland, Audrey Moore, Kevin Lalor

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The focus of this paper is social care managers' views on the impact of the statutory registration of social care workers in Ireland. The findings suggest that registration is welcomed by social care managers who believe that it will impact positively on societal recognition of social care workers as professionals and that it will improve accountability within the sector. However, the findings also suggest that there is confusion regarding information about registration and issues remain in the sector regarding multiplicity of titles, roles, and duties of social care workers. We conclude that the opening of the register is only a …

Mechanisms Of Action And Preservation Effects Of Packaging Systems For Mushrooms: Novel Approaches To Preserve Irish Edible Mushrooms, Tigist Tadesse Shonte, Mehraj Fatema Mulla, Lorraine Foley, Shivani Pathania

Articles

Mushrooms support the Irish economy, with a farm gate value of roughly EUR 130 million in 2022 and with 80%–85% of Irish production exported to the United Kingdom. In order to apply cutting edge technologies and offer creative solutions to increase the shelf life of mushrooms, it is essential to understand the mechanisms of action and preservation effects of the current trends in edible mushroom packaging systems. This review summarises the mechanisms of action for nanopackaging, biodegradable packaging, edible coatings, modified atmosphere packaging (MAP), and active packaging in terms of their enzyme activity, antimicrobial activity, antioxidant activity, and rate of …

Behavioral, Cognitive And Emotional Determinants Of Getting Vaccinated For Covid-19 And The Mediating Role Of Institutional Trust Among Young Adults In Cyprus, Pinelopi Konstantinou, Maria Kyprianidou, Andria Christodoulou, Louise Mchugh, Marios Constantinou, Eleni Epiphaniou, Nigel Vahey, Christiana Nicolaou, Nicos Middleton, Maria Karekla, Angelos P. Kassianos

Articles

Background: Vaccination uptake is a complex behavior, influenced by numerous factors. Behavioral science theories are commonly used to explain the psychosocial determinants of an individual's health behavior. This study examined the behavioural, cognitive, and emotional determinants of COVID-19 vaccination intention based on well-established theoretical models: Acceptance and Commitment Therapy (ACT), Capability, Opportunity, Motivation, and Behaviour (COM-B) and the Health Belief Model (HBM). Additionally, it examined the mediating role of institutional trust in the relationship between determinants of these models and vaccination intentions. Methods: A cross-sectional study was conducted from January to May 2022, where university students in Cyprus completed an …

Framing A Feminist Phenomenological Inquiry Into The Lived Experiences Of Women Entrepreneurs, Edicleia Oliveira, Serge Basini, Thomas M. Cooney

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Purpose – This article aims to explore the potential of feminist phenomenology as a conceptual framework for advancing women’s entrepreneurship research and the suitability of interpretative phenomenological analysis (IPA) to the proposed framework.

Design/methodology/approach – The article critically examines the current state of women’s entrepreneurship research regarding the institutional context and highlights the benefits of a shift towards feminist phenomenology.

Findings – The prevailing disembodied and gender-neutral portrayal of entrepreneurship has resulted in an equivocal understanding of women’s entrepreneurship and perpetuated a male-biased discourse within research and practice. By adopting a feminist phenomenological approach, this article argues for the importance …

Covid-19 Vaccine Race–The Shadow Of Political And Multinational Interests, Daniel Rajmil, Lucía Morales, Toni Aira

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The COVID-19 pandemic caused global disruption in 2020, throwing the world into an unprecedented health crisis with unpredicted socio-economic consequences. Strikingly, politicians and supranational organizations failed to collaborate and coordinate a united global response. In light of this, this research study explores how the vaccine race may have been used as a weapon of political communication, constantly influenced by international relations and economic interests. This study analyses the US response to the COVID-19 pandemic and how the vaccine development was used to support Trump's political discourse to gain international political leadership amidst the electoral campaign to become reelected. The core …

The Ocular Sequelae Of Eyelash And Eyebrow Fashions, Claire E. Mcdonnell

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This is an article on the possible adverse side effects of eyelash and eyebrow fashions e.g. fake eyelashes, eyelash tinting, eyebrow lamination, microblading. Advice is given to eyecare practitioners discussing these treatments with patients.

A Multi-Life Cycle Assessment Of External Wall Insulation Strategies In An Irish Domestic Retrofit, Sara Carrigan, Patrick Daly, Alberta Congeduti

Articles

European Union (EU) policy and initiatives are driving both building renovation and the uptake of low-embodied carbon and circular design in the construction sector. The European Performance of Buildings Directive (EPBD) recast (2021) introduces global warming potential (GWP) methodology, and the future state will likely be embodied carbon targets for which life cycle assessment (LCA) of buildings will be required. External wall insulation (EWI) will have an important role to play in meeting targets. In this context, this paper compares the carbon emission payoff of three alternative EWI strategies that address conventional, low-carbon and circular solutions to EWI respectively, in …

Biobased Construction From Agricultural Crops: Paper 2 - Supply Chain Dynamics Of European Case Studies, Patrick Daly, Paula G. Barril

Articles

Energy security, economics and environmental factors are key drivers toward greater energy efficiency, decarbonisation and circularisation of the building sector.

Bio-based construction provides a potential low carbon and circular strategy toward these aims, as these materials can sequester carbon, are derived from renewable and nontoxic sources and can be re circulated in either technical or bio cycles.

This innovative research undertakes a state of play into select agri-crop biobased construction materials, products and systems across Europe focusing on their supply chain types and dynamics.

The research is based on a multi case study applying a range of mainly qualitative research …

Tu Dublin Music Collections, Cliona Doris

Articles

An article on the TU Dublin music collections for Sound Post, the newsletter of the Musicians' Union of Ireland. The article is part of a series of articles on music collections in Ireland commissioned by John Swift.

Exploring The Optimal Mechanical Properties Of Triply Periodic Minimal Surface Structures For Biomedical Applications: A Numerical Analysis, Babak Ziaie, Xavier Velay, Waqas Saleem

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No abstract provided.

Analysis Of Delta In-Out For Irish Natural Gas Distribution Network, Utkarsha Chavan, Anthony Reynolds, Michael Carr, L. Walsh

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This article investigates the issue of Unaccounted for Gas (UAG) in the natural gas distribution network of Ireland, focusing on the DeltaIO (i.e. the difference between the gas entering and leaving the network). The study applies the DeltaIO methodology developed for Italian distribution networks to Gas Networks Ireland (GNI), the sole Distribution System Operator (DSO) in Ireland. The analysis covers the period from 2013 to 2019 and provides insights into the magnitude and trends of UAG in the Irish context. The results show that GNI's DeltaIO ranges from 0.93% to 1.57%, with an average of 1.15%. Comparisons with large Italian …

Myopia Progression Patterns Among Paediatric Patients In A Clinical Setting, Michael Moore, Gareth Lingham, Daniel Ian Flitcroft, James Loughman

Articles

Purpose

This retrospective analysis of electronic medical record (EMR) data investigated the natural history of myopic progression in children from optometric practices in Ireland.

Methods

The analysis was of myopic patients aged 7–17 with multiple visits and not prescribed myopia control treatment. Sex- and age-specific population centiles for annual myopic progression were derived by fitting a weighted cubic spline to empirical quantiles. These were compared to progression rates derived from control group data obtained from 17 randomised clinical trials (RCTs) for myopia. Linear mixed models (LMMs) were used to allow comparison of myopia progression rates against outputs from a predictive …

Competency-Based Training Within The Prison System: Enhancing The Likelihood Of Entrepreneurial Activity Upon Release, Martina Brophy, Ana Pérez-Luño, Thomas M. Cooney

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Recidivism rates across the world remain high, and one of the key reasons for this situation is that people leaving the prison system have great difficulty in securing employment. Addressing this issue must be explored from a broad perspective, but one potential career option that is under-explored is self-employment, with few entrepreneurship programmes available within prison systems. This study explores a competency-based approach to training, examining the knowledge, skills, and behaviours needed to enhance the prospects of persons with lived experience of prison becoming entrepreneurs. Using thematic analysis on ten in-depth interviews, this article identifies three categories of competency (generic,specific, …

Back To The Future? Rishi Sunak's Industrial Strategy, James Silverwood, Richard Woodward

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Since becoming Prime Minister, Rishi Sunak has been variously described as pursuing a ‘furtive', ‘surreptitious' and ‘apologetic' industrial strategy. Terms such as industrial policy and industrial strategy have been expunged from official speeches and policy documents, yet industrial intervention remains widespread. In adopting this approach, the article argues that Sunak has returned the UK to an industrial policy consensus established under Thatcherism. This consensus places in the foreground pro-market rhetoric and policies suggesting that industrial strategy should be limited to the correction of market failure, while in the background the state actively intervenes to shape the structure of the economy …

The Belfast/Good Friday Agreement And Transformative Change: Promise, Power And Solidarity, Fionnuala Ní Aoláin

Articles

In 2023 the 1998 Belfast/Good Friday Agreement marks its twenty-fifth anniversary. For many the Agreement projects a global image of a successfully concluded end to conflict. However, key aspects of the agreement remain under-enforced or simply undelivered: in particular, provisions related to significant and wide-ranging guarantees addressing human rights and equality of opportunity. As a result, socio-economic and cultural deficits persist, undermining the capacity to achieve a ‘positive peace’. In this article we address the question of how transformative the Agreement and associated reforms have been in addressing the root causes of the conflict and the structures that underpinned it. …

Stakeholder Governance As Governance By Stakeholders, Brett H. Mcdonnell

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Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.

This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …

Populist Politics And International Business Policy: Problems, Practices, And Prescriptions For Mnes, Paul Vaaler, Christopher Hartwell, Barclay James, Thomas Lindner, Jakob Müllner

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In this editorial introduction to the Special Issue on populism, we discuss different approaches to defining populism in ways relevant to multinational enterprise (MNE) strategy and organization. In addition, we demonstrate how populist host-country government policies often target MNEs in ways that give rise to distinctly new forms of discriminatory treatment. This theoretical background sets the stage for the papers of this Special Issue, explaining the origins of these populist host-country government policies and the impact of such policies on FDI and international trade. We conclude with various suggestions for advancing IB policy research on populism, including building a better …

Making Law Practice Technology More Simulation-Based, Jacob Sayward

Articles

Law and Technology Legal Technology Law Practice Technology Technology Competency Law Legal Education Legal Profession Technology Technology Education Technology Planning or Policy

Opportunistic Breach Of Contract, Francesco Parisi, Brian H. Bix, Ariel Porat

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Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We …

"With Great Power Comes Great Responsibility": Improving Your Feedback And Hallmarks Of Effective Feedback, Randall Ryder

Articles

Effective feedback can change a law student’s trajectory in law school and beyond. The feedback-centric nature of experiential learning courses allows law students to both develop their skills and personal lawyering style. However, many experiential instructors are from a different generation, with different expectations and communication styles than today’s law students. This article highlights hallmarks of effective feedback for the modern law school classroom. As the field of law continues to evolve, law schools will need to as well.

This article discusses four key hallmarks: (1) provide feedback in multiple formats,(2) help each student develop their personal style, (3) explain …