Digital Commons Network^™

Law's Acceleration Of Finance: Redefining The Problem Of High-Frequency Trading, Frank Pasquale

Faculty Scholarship

No abstract provided.

Resident Services In Mixed-Income Developments Phase 1: Survey Findings And Analysis, Taryn Gress, Mark L. Joseph, Alexandra Curley

Faculty Scholarship

In one of our roles as a central resource for research and information on mixed-income developments and communities, the National Initiative on Mixed-Income Communities conducts periodic scans of the mixed-income field on specific topics of pressing interest. The mixed-income approach has successfully transformed deteriorating public housing complexes into safer and more attractive developments for residents from a range of income levels. However, the emerging literature on mixed-income development suggests that improvements in social and economic well-being for low-income families are far more difficult to achieve. This current scan of the field provides an initial picture of how mixed-income developments across …

Degradation Science: Mesoscopic Evolution And Temporal Analytics Of Photovoltaic Energy Materials, Roger H. French, Rudolf Podgornik, Timothy J. Peshek, Laura S. Bruckman, Yifan Xu, Nicholas R. Wheeler, Abdulkerim Gok, Yang Hu, Mohammad A. Hossain, Devin A. Gordon, Pei Zhao, Jiayang Sun, Guo-Qiang Zhang

Faculty Scholarship

Based on recent advances in nanoscience, data science and the availability of massive real-world datastreams, the mesoscopic evolution of mesoscopic energy materials can now be more fully studied. The temporal evolution is vastly complex in time and length scales and is fundamentally challenging to scientific understanding of degradation mechanisms and pathways responsible for energy materials evolution over lifetime. We propose a paradigm shift towards mesoscopic evolution modeling, based on physical and statistical models, that would integrate laboratory studies and real-world massive datastreams into a stress/mechanism/response framework with predictive capabilities. These epidemiological studies encompass the variability in properties that affect performance …

Three Candidate Clusters Around High Redshift Radio-Loud Sources: Mg1 J04426+0202, 3c 068.2, And Ms 1426.9+1052, J. R. Franck, Stacy S. Mcgaugh

Faculty Scholarship

We present near-infrared observations of the environments around three radio-loud sources (MG1 J0442+0202, 3C 068.2, and MS 1426.9+1052) at redshifts z = 1.10, 1.57, and 1.83 (respectively).,Qthat are surrounded by nearinfrared galaxy overdensities. Overdensities with respect to field counts were found to be significant up to 19£m, with 12 times the expected number of galaxies within the inner regions of the densest proto-cluster. Color¡V magnitude relations are constructed in Ks, J . Ks, with each candidate cluster exhibiting a feature consistent with the beginnings of a red sequence (RS). Galaxy models based on the redshift of the radio source are …

The Mouse That Trolled: The Long And Tortuous History Of A Gene Mutation Patent That Became An Expensive Impediment To Alzheimer's Research, Tania Bubela, Saurabh Vishnubhakat, Robert Cook-Deegan

Faculty Scholarship

This case study presents the tale of the academic discovery of a rare mutation for early-onset Alzheimer's disease that was patented by a sole inventor and licensed to a non-practicing entity (NPE), the Alzheimer's Institute of America (AIA). Our aims are (1) to relate this story about patents, research tools, and impediments to medical progress, and (2) to inform ongoing debates about how patents affect research, disposition of university inventions, and the distribution of benefits from publicly funded research. We present an account of the hunt for Alzheimer's genes, their patenting, assignment, and enforcement based on literature, litigation records and …

Microinverter Thermal Performance In The Real-World: Measurements And Modeling, Mohammad Akram Hossain, Yifan Xu, Timothy J. Peshek, Alexis R. Abramson, Roger H. French

Faculty Scholarship

Real-world performance, durability and reliability of microinverters are critical concerns for microinverter-equipped photovoltaic systems. We conducted a data-driven study of the thermal performance of 24 new microinverters (Enphase M215) connected to 8 different brands of PV modules on dual-axis trackers at the Solar Durability and Lifetime Extension (SDLE) SunFarm at Case Western Reserve University, based on minute by minute power and thermal data from the microinverters and PV modules along with insolation and environmental data from July through October 2013. The analysis shows the strengths of the associations of microinverter temperature with ambient temperature, PV module temperature, irradiance and AC …

The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale

Faculty Scholarship

There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” (IoT): sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through the Internet—there is little escape from a seamless web of surveillance and power. This paper will outline a social …

Corporations As Lawmakers, Julian Arato

Faculty Scholarship

No abstract provided.

Threshold Liberty, Dawinder S. Sidhu

Faculty Scholarship

To ensure that the Thirteenth Amendment has modern application in a manner consistent with these important constitutional considerations and these cases, the Amendment should no longer be interpreted to prohibit the “badges and incidents” of slavery, a non-textual category of harms that is virtually limitless in scope and is therefore virtually limitless as a source of congressional action. Instead, drawing from the Amendment’s textual prohibitions against “slavery” and “involuntary servitude,” direct or functional limitations on physical mobility should be the touchstone for the enforcement power moving forward. To justify this proposal, this Article summarizes the Supreme Court’s Thirteenth Amendment jurisprudence, …

Reducing Greenhouse Gas Emissions From Transportation: Opportunities In The Northeast And Mid-Atlantic, Gabriel Pacyniak

Faculty Scholarship

The report finds that clean transportation policies could cut greenhouse gas emissions between 29 to 40 percent in the TCI region by 2030. A comprehensive implementation of state policies could result in net cost savings of up to $72.5 billion over 15 years for businesses and consumers, along with tens of thousands of new jobs and improvements in public health.

Dualism And Doctrine, Alex Stein, Dov Fox

Faculty Scholarship

No abstract provided.

False Framings: The Co-Opting Of Sex-Selection By The Anti-Abortion Movement, Seema Mohapatra

Faculty Scholarship

No abstract provided.

The Nlrb As An Uberagency For The Evolving Workplace, Michael Z. Green

Faculty Scholarship

In addressing legal issues regarding the relationships between employers and employees, one must navigate a complex maze of rights and remedies that govern the workplace. This Essay details several recent and important workplace disputes addressed by the National Labor Relations Board (NLRB) pursuant to Section 7 of the National Labor Relations Act (NLRA). Section 7 protects a worker's right to pursue an activity for mutual aid or protection regarding wages, hours, and other terms and conditions of employment. The NLRB, a unique agency with its ultimate decisions determined by five members who primarily establish rules through adjudication rather than rule …

The Sistren: Ranking The Top 10 Female Supreme Court Justices, Meg Penrose

Faculty Scholarship

Of all the “best” and “worst” Supreme Court lists published, there has never been a listing of the Top Ten female Justices. The reason for this scholarly void is simple: only four women have served on the Court. Indeed, only five women have been nominated. I am pleased to present the first, though admittedly incomplete, listing of the Top Ten female Justices.

Launching The Los Angeles Incubator Consortium, Laura Dym Cohen, Luz E. Herrera, William T. Tanner

Faculty Scholarship

This Article offers a snapshot of the initial two-month development process of a new law firm incubator program-the Los Angeles Incubator Consortium (LAIC). LAIC is a collaborative project of Pepperdine University School of Law, Southwestern Law School, and UCLA School of Law that was launched in collaboration with the Los Angeles Law Library and various local legal aid providers through seed funding from the California Commission on Access to Justice.14 Part II discusses the leadership role of California's Commission on Access to Justice in promoting incubators as models to increase the availability of affordable legal services for the modest-means population. …

The 2012 Agreement On The Exploitation Of Transboundary Hydrocarbon Resources In The Gulf Of Mexico Confirmation Of The Rule Or Emergence Of A New Practice?, Guillermo J. Garcia Sanchez, Richard J. Mclaughlin

Faculty Scholarship

This Article explores the international law applicable to the exploitation of hydrocarbon resources that straddle the boundaries between States (transboundary fields) and its applicability to the U.S. and Mexico maritime boundary in the Gulf of Mexico. After a detailed examination of the different sources of international law including treaties, customary norms, judicial decisions, and bilateral practice, the Article concludes that the United States and Mexico have deviated in some regards from the standard international legal practices that other States have adopted to exploit transboundary hydrocarbon resources. The two most notable deviations are in allowing either nation to unilaterally exploit the …

The Right To Defense Discovery In Plea Bargaining Fifty Years After Brady V. Maryland, Cynthia Alkon

Faculty Scholarship

Fifty years after Brady v. Maryland, defense attorneys around the United States continue to struggle to get basic information from prosecutors. This is even more of an issue in the ninety-four to ninety-seven percent of criminal cases that are resolved by guilty pleas. As the quote above illustrates, prosecutors can use discovery as leverage in the plea negotiation process. Unfortunately, the rule the Supreme Court established in Brady does little to prevent this kind of gamesmanship.

In Brady, the Court required the prosecution to turn over "evidence favorable to an accused . . . where the evidence is …

Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The Law On Insider Trading Lacks Needed Definition, Roberta Karmel

Faculty Scholarship

No abstract provided.

Se(C)(3): A Catalyst For Social Enterprise Crowdfunding, Dana Brakman Reiser, Steven A. Dean

Faculty Scholarship

No abstract provided.

Scaling Cost-Sharing To Wages: How Employers Can Reduce Health Spending And Provide Greater Economic Security, Christopher Robertson

Faculty Scholarship

In the employer-sponsored insurance market that covers most Americans many workers are “underinsured.” The evidence shows onerous out-of-pocket payments causing them to forgo needed care, miss work, and fall into bankruptcies and foreclosures. Nonetheless, many higher-paid workers are “overinsured”: the evidence shows that in this domain, surplus insurance stimulates spending and price inflation without improving health. Employers can solve these problems together by scaling cost-sharing to wages. This reform would make insurance better protect against risk and guarantee access to care, while maintaining or even reducing insurance premiums.

Yet, there are legal obstacles to scaled cost-sharing. The group-based nature of …

What Will It Take To Address The Global Threat Of Antibiotic Resistance?, Kevin Outterson, Steven J. Hoffman

Faculty Scholarship

Antibiotic resistance is a global threat that may be beyond the capacity of any one country to address. We assess the three primary issues (access, conservation and innovation) and discuss which require higher levels of global coordination.

Se(C)(3): A Catalyst For Social Enterprise Crowdfunding, Dana Brakman Reiser, Steven A. Dean

Faculty Scholarship

The emerging consensus among scholars rejects the notion of tax breaks for social enterprises, concluding that such prizes will attract strategic claimants, ultimately doing more harm than good The SE(c)(3) regime proposed by this Article offers entrepreneurs and investors committed to combining financial returns and social good with a means of broadcasting that shared resolve. Combining a measured tax benefit for mission-driven activities with a heightened burden on shareholder financial gains, the revenue-neutral SE(c)(3) regime would provide investors and funding platforms with a low-cost means of screening out "greenwashed" ventures.

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

Faculty Scholarship

An evaluation of normative and legal frameworks to encourage the employment of people with criminal convictions is in order. While current approaches are likely to eliminate overbroad initial hiring screens, there remains the unfinished project of reintegrating persons with criminal convictions into the workforce. For this, policy tools are needed to discourage the misuse of irrelevant criminal convictions and to encourage a contextualized evaluation of criminal convictions and the fair consideration of applicants’ qualifications separate from them.

This Article proposes a disability normative and legal framework as a useful approach to guide this analysis. Disability laws first consider the privacy …

A Comprehensive Analysis Of The History Of Interrogation Law, With Some Shots Directed At Miranda V. Arizona, Tracey Maclin

Faculty Scholarship

Police interrogation is designed to convict suspects under arrest or those suspected of crime. It does not matter that the suspect may not be guilty; interrogation is instigated to obtain an incriminating statement that will help convict the suspect. While many are quick to defend what are considered the “respectable freedoms” embodied in the Constitution — freedom of speech, freedom of the press, and freedom of religion — few champion the Fifth Amendment’s bar against compelled self-incrimination, popularly known as the “right to remain silent,” as a basis for a suspect’s right to resist police questioning. Although it has been …

Michael Brown, Eric Garner, And Law Librarianship, Ronald E. Wheeler

Faculty Scholarship

Professor Wheeler discusses the police killings of Michael Brown and Eric Garner. He posits that racialized fear is part of what fuels such violence and discusses examples of how racialized fear have impacted his personal life. Wheeler then discusses how and why law librarians can and should be prepared to discuss such events with their law library patrons.

The Suez Crisis Of 1956 And Its Aftermath: A Comparative Study Of Constitutions, Use Of Force, Diplomacy And International Relations, Pnina Lahav

Faculty Scholarship

This article compares and juxtaposes constitutional war powers (deployed by the belligerents) and diplomacy (deployed by the US) as means of pursuing foreign policy during the 1956 Suez crisis.

In the fall of 1956 the United Kingdom, France and Israel launched a war against Egypt. It soon became clear that this was a coordinated effort. The war started a few days before the US presidential elections but the parties did not share their plans with President Eisenhower. The Hungarian rebellion and the Soviet invasion of Hungary occurred at the same time. Within weeks, the United States, in cooperation with the …

Spying Inc., Danielle K. Citron

Faculty Scholarship

The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app can provide continuous access to the phone owner’s calls, texts, snapchats, photos, calendar updates, and movements. Stalking apps destroy the privacy and confidentiality of cell phone activities. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners. Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious …

Inigo Montoya Goes To War, Gary S. Lawson

Faculty Scholarship

In The Princess Bride, 1 the conniving Sicilian Vizzini is constantly declaring that events that are obviously occurring in plain sight are “inconceivable.”2 The third time (in the span of five pages) that Vizzini proclaims something that is clearly happening to be “inconceivable,” Vizzini’s then-companion, the Spaniard Inigo Montoya, snaps, “You keep using that word! . . . I don’t think it means what you think it does.”3 The voice of Inigo Montoya (well, actually the voice of Mandy Patinkin, who brilliantly deadpanned rather than “snapped”4 a version of the line in the movie adaptation of The Princess Bride5) was …

The Picture Begins To Assert Itself: Rules Of Construction For Essential Health Benefits In Health Insurance Plans Subject To The Affordable Care Act, Wendy K. Mariner

Faculty Scholarship

As the ACA shifts the function of health insurance from voluntary contract to a means of financing health care, it poses some challenges to traditional doctrines for interpreting health plan provisions. This article explores whether and how the doctrine of reasonable expectations and rules of statutory interpretation might apply to Essential Health Benefits coverage. A functional approach linking the two into a doctrine of reasonable statutory expectations could move us toward developing more consistent rules of interpretation within a more realistic conception of contemporary health insurance.