Digital Commons Network^™

Adr, Dynamic (In)Justice, And Achieving Access: A Foreclosure Crisis Case Study, Lydia Nussbaum

Scholarly Works

This Article proceeds in two parts. Part I argues for a dynamic, rather than fixed, conception of access to justice. It then explores how ADR processes, when placed in this dynamic framework, can create new forms of injustice and intensify preexisting ones. Part II presents a case study from the foreclosure crisis to illustrate how the features of ADR processes are especially well suited to respond to dynamic injustices. It further demonstrates how ADR design must evolve to respond to the dynamic system of (in)justice in which ADR processes operate.

Training Law Students To Maintain Civility In Their Law Practices As A Way To Improve Public Discourse, Nancy B. Rapoport

Scholarly Works

Our current social discourse is broken. Not only have we resorted to name-calling instead of reasoned discussion, but we have also resorted to the fundamental attribution error: we attribute bad motives to people with whose positions we disagree rather than starting with the presumption that, perhaps, buried deep within their positions could be a grain of truth. As Yoni Appelbaum observed in a recent article in The Atlantic, "Recent research by political scientists at Vanderbilt University and other institutions has found both Republicans and Democrats distressingly willing to dehumanize members of the opposite party."' We need to find a …

#Metoo Backlash Or Simply Common Sense?: It's Complicated, Ann C. Mcginley

Scholarly Works

This Essay focuses on the skittishness that men express about being accused of sexual harassment. Part II explains the prevalence of sexual harassment and the response to this problem, giving both empirical and anecdotal evidence of male professionals' refusals to spend time with female subordinates. Part III discusses the already-present inequalities in the legal profession, particularly in law firms and raises concerns about how lack of mentoring and sponsorship of women by male supervisors could create an even greater disparity. Part IV analyzes the disparate legal, business, and cultural definitions of sexual harassment, and given the disparities in understandings, raises …

Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel

Scholarly Works

Social activism, particularly law reform, has long been an accepted, even revered part of the lawyer's identity. However, modern developments such as nation-wide firms, the economic importance of client development, and aggressive attempts by clients to deploy attorneys as de facto, undisclosed lobbyists have put substantial pressure on the traditional vision of the attorney as a "lawyer-statesman" or someone who "checks clients at the door" when participating in law reform activities. Furthermore, law reform activism on behalf of one client (or prospective client when attorneys use their law reform lobbying as part of their marketing strategy) poses a real danger …

Public Art, Public Space, And The Panorama Right, Mary Lafrance

Scholarly Works

When art is installed in public spaces in the United States, the public's right to capture and share images for commercial or noncommercial purposes is not clearly defined by federal copyright law. This has led to both actual and threatened litigation. In the absence of a specific copyright rule designed to address these disputes, they must be resolved under a patchwork of other doctrines that are uncertain in scope, including fair use, de minimis use, and the statutory exception for images of architectural works, but none of these provide predictable results. In contrast, many foreign jurisdictions have enacted 'freedom of …

Adversarial Failure, Benjamin P. Edwards

Scholarly Works

Investors, industry firms, and regulators all rely on vital public records to assess risk and evaluate securities industry personnel. Despite the information's importance, an arbitration-facilitated expungement process now regularly deletes these public records. Often, these arbitrations recommend that public information be deleted without any true adversary ever providing any critical scrutiny to the requests. In essence, poorly informed arbitrators facilitate removing public information out of public databases. Interventions aimed at surfacing information may yield better informed decisions. Although similar problems have emerged in other contexts when adversarial systems break down, the expungement process to purge information about financial professionals provides …

Invisible Prisons, M. Eve Hanan

Scholarly Works

Modern punishment theory is based on an inadequate conceptualization of the severity of incarceration. While the severity of a prison sentence is measured solely in terms of the length of time, the actual experience of imprisonment is often more punishing and more destructive than a simple loss of liberty. Yet, lawmakers and judges evince a surprising lack of institutional interest in understanding the experience of imprisonment and applying this knowledge to sentencing. This lack of official attention to how prison is experienced by incarcerated people is one of the drivers of mass incarceration.

This Article is the first scholarly work …

Targeting Factors And Conflict Of Laws On The Internet, Marketa Trimble

Scholarly Works

Courts have employed the concept of "targeting" to limit the reach of personal jurisdiction and applicable law on the Internet. To determine whether a defendant has targeted a particular country or state-and whether the defendant should be subject to the jurisdiction of and law in that country or state-courts consider various factors, such as the language, the top-level domain, and the currency used by the defendant on the Internet. However, developments in Internet technology and increasing Internet actor and user sophistication put the significance of the factors into question. In the absence of a defendant's express limitation on the territorial …

Doing Unrepresented Status: The Social Construction And Production Of Pro Se Persons, Victor D. Quintanilla

Articles by Maurer Faculty

In this Article, I propose an understanding of the dynamic process through which society does unrepresented status that is informed by psychological and sociological research. In describing this doing of unrepresented status, I elaborate on two new concepts: the social construction of pro se status and the social production of unrepresented persons. These concepts illuminate ways in which the doing of unrepresented status is a routine, recurring feature in how court officials, lawyers, and law-trained persons perceive and interact with unrepresented persons within our civil justice system. That is, a pro se party is not something that an unrepresented person …

Remembering Sally Banes, Curtis L. Carter

Philosophy Faculty Research and Publications

No abstract provided.

Exploring White Critical Consciousness Of Christian College Students At A Midwestern College, Jesse M. Brown

All-Inclusive List of Electronic Theses and Dissertations

Whiteness is pervasive and hidden on Christian college campuses. Helms (2017) defined Whiteness as the overt and subliminal socialization processes and practices, power structures, laws, privileges, and life experiences that favor the White racial group over all others” (p. 718). Whiteness can often be ignored or overlooked by White persons and predominantly White institutions. Normalizing Whiteness rather than working through Whiteness perpetuates the subliminal and overt practices found on many Christian college campuses. While the study of Whiteness in higher education is a growing field (Cabrera, 2014; Cabrera et al., 2016; Cabrera et al., 2017), limited research has linked Whiteness …

When Less Is More: The Downside Of Customer Knowledge Sharing In New Product Development Teams, Yihui Tang, Datelina Marinova

Faculty Articles, Papers, and Other Scholarship

Despite the common belief that knowledge sharing in new product development (NPD) teams is beneficial, empirical findings are mixed. We adopt a microfoundations perspective and draw from the socio-cognitive theory to propose a model that theorizes a nonlinear effect of customer knowledge sharing behaviors on NPD performance. In particular, we identify the underlying mechanism through which shared common customer knowledge and perceived diagnostic value shape the nonlinear returns to customer knowledge sharing behaviors. In Study 1, data from the biotechnology industry provide support for the hypothesis that customer knowledge sharing behaviors in NPD teams have an inverted U-shaped relationship with …

Perceived Overqualification And Task Performance:Reconciling Two Opposing Pathways, Allen Lee, Berrin Erdogan, Amy Tian, Sara Willis, Jie Cao

Business Faculty Publications and Presentations

In this study, we predict that higher levels of relative deprivation and higher levels of task mastery constitute two pathways through which perceived overqualification (POQ) has indirect and opposing effects on task performance. Further, we predict that occupational instrumentality, the degree to which the individual regards their job as a stepping tone to future career opportunities, will serve as a moderator for both pathways. Across two studies, as well as a supplementary study, we found evidence that POQ is positively associated with followers’ perceptions of both task mastery and relative deprivation. In both studies, we also found consistent evidence for …

Investigating Communicative Dissonance Within Relationships Of Adults With Asperger’S Syndrome (Asd Level 1), Bronwyn Maree Wilson

Theses: Doctorates and Masters

The key features of Autism Spectrum Conditions (ASC) include marked and lifelong impairments in social interaction. Social interaction is a fundamental component of relationships. Despite the momentum of worldwide research on ASC, there is insufficient empirical study on adults with ASC and their relationships. Therefore, numerous myths, misunderstandings and confusion exist, especially in the area of adults with ASC, and autism-based impacts on the adults with ASC themselves, their relationships, and on the people who are in relationship with them.

Relationships that involve people with an ASC are often described as neurodiverse. Neurodiverse relationships that include one person with an …

Digital Storytelling As An Astronomy Disciplinary Literacy Enhancement Approach For Adolescent Kyrgyzstani Efl Students, Nadezhda Chubko

Theses: Doctorates and Masters

This research explored the impact of a digital storytelling (DST) video-making intervention in an astronomy course (STEM-A) on EFL students’ STEM-A disciplinary literacy acquisition in English. The research was motivated by the increased significance of English as an international language of STEM instruction and addressed the transition between discourses encountered by students learning STEM in a foreign language.

The study was designed and implemented as a mixed methods four-cycle action research with multiple Case Study, multiple-probe quasi-experimental design. In the first cycle, the researcher transitioned from a teacher of English to speakers of other languages (TESOL) to a teacher of …

Correction Of Facial Asymmetry And Posterior Bite Collapse By Orthodontic Treatment Combined With Temporary Anchorage Devices And Orthognathic Surgery: Case Report, Chih-Liang (Julian) Ho, Chun-Pin Chiang, Kwang-Yu Hu, Hsuan-Fang (Cathy) Wang

Journal of Dental Sciences

No abstract provided.

Introduction To Chemistry, Steelman Library, Patricia Adams M.S.

Syllabus Repository

No abstract provided.

Can Protanopia Be Correctly Diagnosed In Clinical Practice? An Evaluation Of Diagnosis By Four Screening Tests, Peter Davison, Grainne Scanlon

Articles

SIGNIFICANCE

Protanopia is a color vision deficiency (CVD) that is unacceptable for certain occupations. This study compares simultaneously for the first time the ability of three recently revised or developed clinical tests of color vision with the Ishihara test to diagnose protanopia from other color vision deficiencies.

PURPOSE

The objectives were to examine the ability of four clinical tests to differentiate (1) between protan and deutan CVDs in patients with protanopia and deuteranopia, and (2) protanopes and deuteranopes as “strong” deficiencies.

METHODS

The Hardy-Rand-Rittler (4th ed.), City University (3rd ed.), Ishihara, and Mollon-Reffin tests were evaluated against the Oculus Heidelberg …

Evaluating The Impact Of Defeasible Argumentation As A Modelling Technique For Reasoning Under Uncertainty, Lucas Rizzo

Doctoral

Limited work exists for the comparison across distinct knowledge-based approaches in Artificial Intelligence (AI) for non-monotonic reasoning, and in particular for the examination of their inferential and explanatory capacity. Non-monotonicity, or defeasibility, allows the retraction of a conclusion in the light of new information. It is a similar pattern to human reasoning, which draws conclusions in the absence of information, but allows them to be corrected once new pieces of evidence arise. Thus, this thesis focuses on a comparison of three approaches in AI for implementation of non-monotonic reasoning models of inference, namely: expert systems, fuzzy reasoning and defeasible argumentation. …

Plasma Functionalised Liquids: From Bench To Prototype For Safe Fresh Food Preservation, Uta Schnabel

Doctoral

Fresh-cut produce such as lettuce may contain a very high microbial load, including human pathogens. Therefore, the need for antimicrobial interventions at post-harvest stages to prevent microbial growth is evident. Sanitation steps based on non-thermal plasmas at atmospheric pressure opens up innovative food processing possibilities by application at different points along the food chain; for production, modification and preservation, as well as in package treatment of plant- and animal-based foods. Plasma differs from the gaseous state of matter by a certain amount of free charge carriers caused by ionisation processes of the gas atoms and molecules due to the supply …

Development Of Assessment Tools Of Package/Product Systems For A Sustainable Food Chain, Kompal Joshi

Doctoral

Post-harvest life of fresh produce is limited due to high metabolic activity and microbial spoilage. Modified atmosphere packaging (MAP) has proven to be one of the most effective techniques to extend the shelf life of fresh produce commercially. Obtaining of an optimum concentration of oxygen and carbon dioxide inside the package depends upon the product properties, the environmental conditions of the cold chain, the permeable film, some of which are subjected to natural variability during the food distribution chain. This variability may generate produce that is out of specification that will lead to food waste. Uncertainty analysis of this problem …

Identifying And Disentangling Interleaved Activities Of Daily Living From Sensor Data, Eoin Rogers

Doctoral

Activity discovery (AD) refers to the unsupervised extraction of structured activity data from a stream of sensor readings in a real-world or virtual environment. Activity discovery is part of the broader topic of activity recognition, which has potential uses in fields as varied as social work and elder care, psychology and intrusion detection. Since activity recognition datasets are both hard to come by, and very time consuming to label, the development of reliable activity discovery systems could be of significant utility to the researchers and developers working in the field, as well as to the wider machine learning community.

This …

An Empirical Evaluation Of The Inferential Capacity Of Defeasible Argumentation, Non-Monotonic Fuzzy Reasoning And Expert Systems, Lucas Rizzo, Luca Longo

Articles

Several non-monotonic formalisms exist in the field of Artificial Intelligence for reasoning under uncertainty. Many of these are deductive and knowledge-driven, and also employ procedural and semi-declarative techniques for inferential purposes. Nonetheless, limited work exist for the comparison across distinct techniques and in particular the examination of their inferential capacity. Thus, this paper focuses on a comparison of three knowledge-driven approaches employed for non-monotonic reasoning, namely expert systems, fuzzy reasoning and defeasible argumentation. A knowledge-representation and reasoning problem has been selected: modelling and assessing mental workload. This is an ill-defined construct, and its formalisation can be seen as a reasoning …

Ambiqual: Towards A Quality Metric For Headphone Rendered Compressed Ambisonic Spatial Audio, Miroslaw Narbutt, Jan Skoglund, Andrew Allen, Michael Chinen, Dan Barry, Andrew Hines

Articles

Spatial audio is essential for creating a sense of immersion in virtual environments. Efficient encoding methods are required to deliver spatial audio over networks without compromising Quality of Service (QoS). Streaming service providers such as YouTube typically transcode content into various bit rates and need a perceptually relevant audio quality metric to monitor users’ perceived quality and spatial localization accuracy. The aim of the paper is two-fold. First, it is to investigate the effect of Opus codec compression on the quality of spatial audio as perceived by listeners using subjective listening tests. Secondly, it is to introduce AMBIQUAL, a full …

Dietary Fat Intakes In Irish Children: Changes Between 2005 And 2019, Aileen O’Connor, Maria Buffini, Anne Nugent, Laura Kehoe, Albert Flynn, Janette Walton, John Kearney, Breige Mcnulty

Articles

Objective:To examine current dietary fat intakes and compliance in Irish childrenand to examine changes in intakes from 2005 to 2019.Design:Analyses were based on data from the Irish National Children’s FoodSurvey (NCFS) and the NSFS II, two cross-sectional studies that collected detailedfood and beverage intake data through 7-day and 4-day weighed food diaries,respectively.Setting:NCFS and NCFS II, Republic of Ireland.Participants:A nationally representative sample of 594 (NCFS) and 600 (NCFS II)children aged 5–12 years. Current intakes from the NCFS II were compared withthose previously reported in the NCFS (www.iuna.net).Results:Current intakes of total fat, SFA, MUFA, PUFA andtransfat as a percentageof total energy are …

Gender-Silent Legislative Drafting In A Non-Binary World, Jessica Vapnek, Donald L. Revell

Faculty Scholarship

No abstract provided.

Clerking For A Retired Supreme Court Justice—My Experience Of Being “Shared” Among Five Justices In One Term, Rory Little

Faculty Scholarship

No abstract provided.

Perverse Incentives: Why Everyone Prefers High Drug Prices -- Except For Those Who Pay The Bills, Robin C. Feldman

Faculty Scholarship

Health care spending rarely follows an ordinary, rational model. Yet even in that context, prescription drug prices are rising at a puzzling rate. What is causing the phenomenon? Quite simply, incentives percolating throughout the prescription drug market push players toward higher prices. At the center lies the highly secretive and concentrated Pharmacy Benefit Manager (PBM) industry middle players who negotiate between drug companies and health insurers by arranging for rebates and establishing coverage levels for patients. Contracts between drug companies and the middle players are closely guarded secrets. The PBM customers, including Medicare, private insurers, and even their auditors, generally …

Naked Price And Pharmaceutical Trade Secret Overreach, Robin C. Feldman, Charles Graves

Faculty Scholarship

Trade secret has drifted from a quiet backwater doctrine to a pervasive force in intellectual property. As always, the risk of distortion is great when a legal arena is developing and expanding rapidly. Nowhere do the theoretical tensions of trade secret law appear in such stark relief as in the modern pharmaceutical debates, where the heart of the theoretical question involves whether pricing is a proper subject for trade secrecy claims.

We aim to bring trade secret into greater harmony with broad concepts that reach across all intellectual property regimes. As with other areas of intellectual property law, trade secret …

Lower-Income Tax Planning, Manoj Viswanathan

Faculty Scholarship

Tax planning is generally criticized by scholars as inefficient; that is, imposing welfare-reducing costs by incentivizing transactions with few non-tax economic benefits. This Article argues that this view is unacceptably narrow and makes the original claim that tax planning by lower-income taxpayers is often welfare-enhancing and should, as a normative matter, be encouraged. As such, various parties, including the IRS, law school clinics, legal academics, and tax practitioners should actively strategize to reduce the transaction costs currently hindering lower-income tax planning. This Article then applies that mandate to a specific cohort of lower-income taxpayers- drivers working in the sharing economy-and …