Digital Commons Network^™

Chapter 19 - The Triple Interface: Findings And Future Directions, Margaret Chon

The Cambridge Handbook of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development

No abstract provided.

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

The Reliability Of Evidence In Evidence-Based Legislation, Sean J. Kealy, Alex Fomey

Faculty Scholarship

As evidence-based legislation develops, and as technology puts more information at our fingertips, there should be a better understanding of what exactly constitutes reliable evidence. Robert and Ann Seidman devoted their professional careers to developing the evidence-based Institutional Legislative Theory and Methodology and teaching it to legislative drafters around the world. Although ILTAM was firmly grounded in – and driven by – evidence, the question becomes what evidence is reliable and a worthy input for the methodology. Further, how can the drafter avoid the misuses of evidence such as confirmation bias and naïve beliefs? We aim to give a guide …

A Few Observations About The Curious State Of Massachusetts Labor Law: Public-Sector Unions After Janus, Maria O'Brien

Faculty Scholarship

This essay focuses on this hurried, even panicked response to Janus in Massachusetts and evaluates the likely outcome that encouraging a public union to treat member employees in one way and non-member employees in a distinctly less generous way will have for employees and the unions. I begin, in Part II, by noting (and explaining) the first and most apparent oddity in this story: why is an employer - i.e. the state - rushing to help its putative, arms-length bargaining partners? In Massachusetts, there are many different public-sector unions. School teachers, ¹³ firefighters,¹⁴ clerical workers, ¹⁵ state and local …

Residual Crashworthiness Of Cfrp Structures With Pre-Impact Damage – An Experimental And Numerical Study, Dongdong Chen, Guangyong Sun, Maozhou Meng, G Li, Q Li

School of Engineering, Computing and Mathematics

This study investigated the effect of transverse pre-impact damage on the load bearing capacity and failure behavior of square carbon fiber reinforced plastic (CFRP) tubes for axial crushing. The CFRP tubes were impacted transversely in different levels of impact energies to generate initial damage, and then the specimens were further crushed axially to evaluate the relation between transverse impact energies/positions and the residual axial crashworthiness. A finite element (FE) model was also developed to simulate the complex damage behavior of the CFRP tubes under these two different loading processes, based upon the continuum damage model (CDM) with user-defined material subroutine …

Corporate Governance In The Nonprofit Sector: A Grounded Theory Approach To Studying The Trustee Board, George Dexter

Plymouth Business School Theses

This thesis uses a constructivist grounded theory approach to investigate nonprofit corporate governance in the UK; using data obtained from participatory observations of board and associated meetings, workshops, and unstructured elite interviews. Open codes are generated and brought together as concepts, which are then iteratively compared and grouped in open categories. These categories are then reassembled using the paradigm model into five axial codes: the clash of orthodoxies; clash of motivations; regulator versus board power; clash of rationalities; and effective board duality. A dialectical approach is then used to create the core category of the ‘clash of neoliberal and public …

The Determinants Of E-Recruitment And Its Effect On Hrm Capabilities And The Firm’S Performance: Evidence From Saudi Arabia Context, Sulaiman Alateyah

Plymouth Business School Theses

The study has been conducted to examine the direct and indirect relationship between the determinants of electronic recruitment and firm performance through the mediating role of human resources management capabilities based on the resource based view theory. Therefore, this study examines the relationship between the internal determinants of e-recruitment (technology quality, service quality, and security assurance) and the external determinants (e.g. empowered manager and member team, content of an implementation plan for e-recruitment, HR and IT collaboration in e-recruitment, job seeker trust in e-recruitment, organizational reputation, decentralization of selection decision, and government objectives) on e-recruitment, and the effect of e-recruitment …

The Determinants And The Consequences Of Adopting Accounting Standards In Islamic Banks: A Cross Country Study, Aziza Al Qamashoui

Plymouth Business School Theses

This study investigates the determinants of adopting accounting standards (AAOIFI, IFRS or local standards) in thirty different countries with an Islamic banking industry. This study also examines the link between corporate governance disclosure, corporate social responsibility disclosure, and the adoption of accounting standards in the Islamic banking industry (IBI) as consequences for the adoption process. To the best of my knowledge, this is the only study that empirically investigates this topic. Environmental determinism theory is used as a framework to develop and test for explanations of the accounting standards used in countries where Islamic banks operate. Using multinomial logistic analysis …

Communication Technology And Governance: The Case Of Nigeria, Kosmos Ebenezer Akande-Alasoka

Plymouth Business School Theses

Considering its level of sophistication and complexity communication can be understood as a fundamental characteristic of humankind. Since early times humanity has continued to devise novel techniques and tools to enhance the process of communication and governance procedures. This study explores and analyses developments in internet and communication technology (ICT) in relation to governance procedures in Nigeria. It looks at the rapid expansion of ICT and examines levels of assimilation by the population. This study includes an investigation of the challenges and impediments encountered in the process of the integration of ICT into the fabric of Nigeria’s governance. The data …

Demonstration And Damnation: William Blake's Eternal Death Of Unbelief, Joshua Schouten De Jel

School of Law, Humanities and Social Sciences

In Blake’s mythopoeia, as well as his personal eschatology, belief is the source of life itself; all creative acts, all visionary episodes, stem from an individual’s belief. “Eternal Death,” which is the cycle of Generation, is the result of unbelief. Francis Bacon, Isaac Newton, and John Locke were, for Blake, the triumvirate of culpable votaries for the propagation of rational reductionism which had led to the reification of “Natural Religion” in the form of Deism and Rational Dissent in England and, with the addition of Rousseau and Voltaire, of the apotheosis in France of the Cult of Reason. The French …

Comparative Study Of Stirrup-Confined Circular Concrete-Filled Steel Tubular Stub Columns Under Axial Loading, Fa Xing Ding, Jiang Zhu, Shan Shan Cheng, Xuemei Liu

School of Engineering, Computing and Mathematics

© 2017 Elsevier Ltd This paper presents a comparative study of circular concrete-filled steel tubular stub columns with three different stirrup confinement types: bidirectional stirrups, loop stirrups and orthogonal stirrups. Axial compression tests have been carried out aiming at investigating the effects of the stirrup form and volume-stirrup ratio on the mechanical behavior of the stirrup-confined circular CFT stub columns, and ABAQUS was used to carry out the 3D numerical modelling. Radial stress of the core concrete and the composite action among the steel tube, stirrups and the core concrete have been investigated. It is found that the confinement provided …

Rapid Game Jams With Fluidic Games: A User Study & Design Methodology, Se Gaudl, Mj Nelson, S Colton, R Saunders, Ej Powley, Ferrer B Pérez, P Ivey, M Cook

School of Engineering, Computing and Mathematics

No abstract provided.

Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle K. Citron

Faculty Scholarship

Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, tech companies have pledged to respond to reports of hate speech within twenty-four hours, a hasty process that may trade valuable expression for speedy results. Plans have been announced for an industry database that will allow the same companies to share hashed images of banned extremist content for review and removal elsewhere.

These changes are less the result of voluntary market …

Abolishing Ius Sanguinis Citizenship: A Proposal Too Restrained And Too Radical, Kristin Collins

Faculty Scholarship

Costica Dumbrava maintains that ius sanguinis citizenship is a historically tainted, outmoded, and unnecessary means of designating political membership. He argues that it is time to abandon it. Dumbrava limits his challenge to ius sanguinis citizenship per se, and even suggests that family-based migration rights could be used to minimise the disruptive effect of abolishing citizenship-by-descent. But his core complaints about ius sanguinis citizenship – the mismatch of biological parentage and political affinity, the difficulties of determining legal parentage – can be, and have been, levied against these various family-based preferences and statuses, which are likely found in every nation’s …

Eyes Wide Open: What Social Science Can Tell Us About The Supreme Court's Use Of Social Science, Jonathan Feingold, Evelyn Carter

Faculty Scholarship

In McCleskey v. Kemp, the Supreme Court rendered statistical evidence of racial disparities doctrinally irrelevant to a criminal defendant’s equal protection claim. Fifteen years later in Grutter v. Bollinger, Chief Justice Rehnquist—part of the McCleskey majority—invoked admissions data to support his conclusion that the University of Michigan Law School had unconstitutionally discriminated against White applicants. This facially inconsistent treatment of statistical data invites the following inquiry: Why do judges (including Supreme Court Justices) rely on social science in some cases, yet reject it in others? We suggest that one answer lies at the intersection of Critical Race Theory and empirical …

Environmental Sustainability Of Light-Driven Processes For Wastewater Treatment Applications, Spyros Foteinis, Alistair G.L. Borthwick, Zacharias Frontistis, Dionissios Mantzavinos, Efthalia Chatzisymeon

School of Engineering, Computing and Mathematics

No abstract provided.

Rhetorical Constructions Of Tipped Worker Wages: A Comparative Analysis Of Restaurant Opportunities Centers United's And National Restaurant Association's Tipping Arguments, Kendall Robbin Shurance

University of the Pacific Theses and Dissertations

This thesis highlights the distinct methods of persuasion employed by the National Restaurant Association and Restaurant Opportunities Centers United in their arguments related to tipping. Both parties limit the strength of their arguments by ignoring the opposition's case, selecting instead facts and evidence that construct a persuasive, yet incomplete picture of tipped wages, the tipped worker, and the restaurants that employ these workers. I propose a focus on dialogic interaction which I define as the obligation of the rhetor to respond to available counter-claims, to be open to questioning, and to be truthful. Reclaiming dialogic interaction between parties and will …

Investigations On Cancer Cell Biological Effects Of Cdk8 Inhibitor Q-12, Zhixin Lu

University of the Pacific Theses and Dissertations

Over the past two decades, protein kinases have been intensively investigated as targets to treat neoplastic diseases. Many protein kinase inhibitors not only have therapeutic potential but are becoming invaluable reagents for the study of cell signaling.

We aspired to use our Cyclin-Dependent Kinase 8 inhibitor, Q-12, as a probe for biomarker discovery for CDK8 inhibitor sensitive tumor types. Q-12 shows potent inhibition of cell viability and induction of apoptosis process in some triple-negative breast cancer and colorectal cancer cell lines in vitro. Western blot results indicate that the reduction of STAT1 phosphorylation could be a robust indicator of CDK8 …

West Meets East: An Exploration Of The Ways American University Development Officers Can Build Guanxi With Chinese Parents, Jinrui Zhang Mone

University of the Pacific Theses and Dissertations

Because philanthropic support from alumni and their families is an important source of revenue for American colleges and universities, identifying ways to connect with Chinese students and cultivate philanthropic support from their parents is an essential component of fundraising efforts. In this study, I explored how American university advancement officers could employ guanxi to cultivate relationships with Chinese parent donors in order to increase U.S. higher education philanthropy efforts. The concept of guanxi, an important aspect of building and sustaining relationships in China, served as the focus for understanding Chinese parents’ connections with their children’s American universities. I employed …

Can Rationing Through Inconvenience Be Ethical?, Nir Eyal, Paul Romain, Christopher Robertson

Faculty Scholarship

In this article, we provide a comprehensive analysis and a normative assessment of rationing through inconvenience as a form of rationing. By “rationing through inconvenience” in the health sphere, we refer to a non-financial burden (the inconvenience) that is either intended to cause or has the effect of causing patients or clinicians to choose an option for health‐related consumption that is preferred by the health system for its fairness, efficiency, or other distributive desiderata beyond assisting the immediate patient. We argue that under certain conditions, rationing through inconvenience may turn out to serve as a legitimate and, compared to direct …

Narrative Topoi In The Digital Age, Zahr K. Said, Jessica Silbey

Faculty Scholarship

Decades of thoughtful law and humanities scholarship have made the case for using humanistic texts and methods in the legal classroom. We build on that scholarship by identifying and describing three “narrative topoi” of the twenty-first century – podcasts, twitter and fake news. We use the term “topos” (from the Greek meaning “place”) and its plural, “topoi,” to mean “a literary commonplace” and “general setting for discussion” in the context of literary forms. Like an identifiable genre, narrative topoi are familiar story paths for audiences to travel. These narrative topoi live in contemporary popular culture and are products of digital …

Crowdsourcing & Data Analytics: The New Settlement Tools, Bernard Chao, Christopher Robertson, David Yokum

Faculty Scholarship

By protecting the right to a jury, the State and Federal Constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. However actual trials are relatively rare, in part because parties seek to avoid the risks and cost of trials, and courts seek to clear dockets efficiently. Even as settlement may be desirable, it is sometimes difficult to resolve a dispute. Parties naturally view their cases from different perspectives, and these perspectives often cause both sides to be overly optimistic, seeking unreasonably large or unreasonably small resolutions.
/="/">
/="/">This article describes a novel method of …

Pregnant Women And Equitable Access To Emergency Medical Care, Michael Ulrich

Faculty Scholarship

A diabetic patient suffering from ketoacidosis was taken from his hospital bed, removed from the hospital, and left in the parking lot without shoes or a shirt because the patient did not have health insurance and had not paid for prior services (Fedas, Alexander, and Chase-Lubitz 1991). The patient died at home the following day. A man with a steak knife in his back, wedged against his spine, was transferred from an emergency room because he was uninsured and could not pay $1,000 cash in advance to remove the knife (Annas 1986). A woman who was mistakenly identified …

Formative Projects, Formative Influences: Of Martha Albertson Fineman And Feminist, Liberal, And Vulnerable Subjects, Linda C. Mcclain

Faculty Scholarship

This essay, contributed to a symposium on the work of Professor Martha Albertson Fineman, argues that Fineman is a truly generative and transformative scholar, spurring people to think in new ways about key terms like “dependency,” “autonomy,” and “vulnerability” and about basic institutions such as the family and the state. It also recounts Fineman’s role in creating spaces for the generation of scholarship by others. The essay traces critical shifts in Fineman’s scholarly concerns, such as from a theory of dependency to vulnerability theory and from a gender lens to a skepticism about a focus on identities and discrimination. In …

Social Responsibility Resolutions, Scott Hirst

Faculty Scholarship

Shareholders exert significant influence on the social and environmental behavior of U.S. corporations through their votes on social responsibility resolutions. However, the outcomes of many social responsibility resolutions are distorted, because the largest shareholders – institutional investors, such as mutual funds and pension funds – often do not follow the interests or the preferences of their own investors. This paper presents evidence that institutions with similar investors and identical fiduciary duties vote very differently on social responsibility resolutions, suggesting that some institutional votes distort the interests of their investors. Other evidence presented suggests that institutional votes on social responsibility resolutions …

The Case For Investor Ordering, Scott Hirst

Faculty Scholarship

Whether corporate arrangements should be mandated by public law or “privately ordered” by corporations themselves has been a foundational question in corporate law scholarship. State corporation laws are generally privately ordered. But a significant and growing number of arrangements are governed by “corporate regulations” created by the U.S. Securities and Exchange Commission (SEC). SEC corporate regulations are invariably mandatory. Whether they should be is the focus of this Article.
/="/">
/="/">This Article contributes to the ongoing debate by showing that whether mandatory or privately-ordered rules are optimal depends on the nature of investors, and their incentives in choosing corporate …

Universal Proxies, Scott Hirst

Faculty Scholarship

Contested director elections are a central feature of the corporate landscape, and underlie shareholder activism. Shareholders vote by unilateral proxies, which prevent them from “mixing and matching” among nominees from either side. The solution is universal proxies. The Securities and Exchange Commission has proposed a universal proxy rule, which has been the subject of heated debate and conflicting claims. This paper provides the first empirical analysis of universal proxies, allowing evaluation of these claims.
/="/">
/="/">The paper’s analysis shows that unilateral proxies can lead to distorted proxy contest outcomes, which disenfranchise shareholders. By removing these distortions, universal proxies would …

Legal Scholarship And External Critique In Eu Law, Daniela Caruso, Fernanda Nicola

Faculty Scholarship

The propensity to engage in a sustained critique of EU law marbles several contributions in this Volume and certainly animates this chapter. This generally critical stance takes the present stage of legal Europeanization as a fact and aims to make full use of the possibilities for political and social justice it can currently support, but at the same time it decries its many structural and dynamic drawbacks. In doing so, this critical project borrows liberally from CLS without fear of misreading or misappropriation. Irreverence in this context is a feature, not a bug. The CLS toolkit is clearly useful to …

Greeted With A Shrug: The Impact Of The Community Design System On United States Law, Stacey Dogan

Faculty Scholarship

In an era of increased harmonization of intellectual property laws worldwide, the United States’ treatment of product design looks like an anomaly. Since the European Community Design System went into effect in 2002, advocates in the US have urged Congress to follow suit and adopt sui generis design protection, particularly for fashion. The US Congress, however, has resisted the call and left design protection to the existing standards of trademark, copyright and design patent law.

This Chapter explores some of the reasons that the Community Design System has had so little purchase in US debates over design. The rejection of …

Page References And Links From The Kenyan Tjrc: An Outsider’S View From The Inside (Cambridge University Press, 2018), Ronald C. Slye

X. Page References and Links

No abstract provided.