Digital Commons Network^™

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

Articles

The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …

Keep Charitable Oversight In The Irs, Philip Hackney

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Critics are increasingly calling for Congress to remove charity regulation from the IRS. The critics are wrong. Congress should maintain charity regulation in the IRS. What is at stake is balancing power between the state, charity as civil society, and the economic order. In a well-balanced democracy, civil society maintains its independence from the state and the economic order. Removing charitable jurisdiction from the IRS would blind the IRS to dollars placed in charitable solution increasing tax and political shelters and wealthy dominance of charities as civil society. A new agency without understanding of, or jurisdiction over, tax cannot act …

Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris

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During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …

Shareholder Primacy Versus Shareholder Accountability, William Wilson Bratton

Articles

When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance ("ESG") principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter-a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory's central tenet, shareholder primacy. Shareholder primacy builds …

Abortion Disorientation, Greer Donley, Caroline M. Kelly

Articles

The word “abortion” pervades public discourse in the wake of Dobbs v. Jackson Women’s Health Organization. But do we know what it means? Not only do law and medicine define it differently; state legislatures have codified wildly different definitions of abortion across jurisdictions. Our analysis exposes inherent ambiguities at the boundaries of the term, particularly as abortion intersects with other categories that we often think of as distinct: pregnancy loss, ectopic pregnancy, and other forms of medically necessary care. By juxtaposing statutory text next to real people’s experiences of being denied care in states with abortion bans, we reveal …

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

Articles

The United States has delegated the weighty responsibility of keeping the lights on to a self-regulatory organization called the North American Electric Reliability Corporation (NERC). Despite the fact that NERC is one of the largest and most important examples 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 achieve deep decarbonization, 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 …

An Analysis Of The Public Participation Processes Employed For An Urban Greenway Project, Maeve O'Connell

Articles

The purpose of this study is to examine the public participation mechanisms employed for a proposed new infrastructure project. Public participation is a core characteristic of a contemporary democratic society as policy makers are increasingly encouraged to engage with citizens for learning and legitimacy. Participation is a loose concept with many forms and interpretations. This study explores the key characteristics of public participation formats, challenges to and the criteria for success. This analysis is then applied to the proposed local infrastructure consultation process. An additional survey is designed and its role in the public participation process is assessed. The processes …

Lessons From Gdpr For Ai Policymaking, Christopher S. Yoo, Josephine Wolff, William Lehr

Articles

The ChatGPT chatbot has not just caught the public imagination; it is also amplifying concern across industry, academia, and government policymakers interested in the regulation of Artificial Intelligence (AI) about how to understand the risks and threats associated with AI applications. Following the release of ChatGPT, some EU regulators proposed changes to the EU AI Act to classify AI systems like ChatGPT that generate complex texts without any human oversight as “high-risk” AI systems that would fall under the law’s requirements. That classification was a controversial one, with other regulators arguing that technologies like ChatGPT, which merely generate text, are …

Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia

Articles

In 1971, Sarah Weddington argued Roe v. Wade as a class action on behalf of pregnant women living in Texas, many of whom, including herself had to flee the State to obtain an abortion in Mexico. In 2021, Texas enacted S. B. 8, otherwise known as the Texas Heartbeat Act, which created a private cause of action for injunctive relief and statutory damages awards against any person assisting in and any physician accused of performing an abortion, thus reigniting the cross-border flows that historically have made Mexico a haven for runaway enslaved people and pregnant persons heading south to freedom. …

Chaotic Childhoods, Stephanos Bibas

Articles

Rob Henderson’s breakout memoir, Troubled, gives us a window on troubled youth. Henderson, a brilliant young psychologist, illumines how harmful childhood instability is by reflecting on his own experience. He never knew his father, was abandoned by his drug-addicted mother, and bounced around foster care. After squandering much of his early education and drowning his rage in alcohol, drugs, fights, and vandalism, he made his way through the Air Force to Yale and now Cambridge. But few of his friends escaped the wounds from their childhoods; many wound up unemployed, in prison, or dead. As an outsider to the elites …

Generalised Zero-Shot Learning For Action Recognition Fusing Text And Image Gans, Kaiqiang Huang, Susan Mckeever, Luis Miralles-Pechuán

Articles

Generalized Zero-Shot Action Recognition (GZSAR) is geared towards recognizing classes that the model has not been trained on, while still maintaining robust performance on the familiar, trained classes. This approach mitigates the need for an extensive amount of labeled training data and enhances the efficient utilization of available datasets. The main contribution of this paper is a novel approach for GZSAR that combines the power of two Generative Adversarial Networks (GANs). One GAN is responsible for generating embeddings from visual representations, while the other GAN focuses on generating embeddings from textual representations. These generated embeddings are fused, with the selection …

An Image Processing Approach For Real-Time Safety Assessment Of Autonomous Drone Delivery, Assem A. Abdelhak, Dan Moss, Alan Hicks, Susan Mckeever

Articles

The aim of producing self-driving drones has driven many researchers to automate various drone driving functions, such as take-off, navigation, and landing. However, despite the emergence of delivery as one of the most important uses of autonomous drones, there is still no automatic way to verify the safety of the delivery stage. One of the primary steps in the delivery operation is to ensure that the dropping zone is a safe area on arrival and during the dropping process. This paper proposes an image-processing-based classification approach for the delivery drone dropping process at a predefined destination. It employs live streaming …

The Critical Role Of History After Dobbs, Serena Mayeri

Articles

The Dobbs majority’s reliance on a flawed and impoverished account of “history and tradition” to deny fundamental freedoms today may tempt us to despair of appealing to the past as a source of constitutional rights or principles. But the problem with Dobbs is not its discussion of history per se; rather, it is how and for what purposes the Court looks to the past. History need not preserve archaic values; it can counsel against past errors and justify affirmative approaches to protecting rights and combating inequality. This essay explores critical roles for history in legal, constitutional, and political arguments about …

Locating Liability For Medical Ai, W. Nicholson Price Ii, I. Glenn Cohen

Articles

When medical AI systems fail, who should be responsible, and how? We argue that various features of medical AI complicate the application of existing tort doctrines and render them ineffective at creating incentives for the safe and effective use of medical AI. In addition to complexity and opacity, the problem of contextual bias, where medical AI systems vary substantially in performance from place to place, hampers traditional doctrines. We suggest instead the application of enterprise liability to hospitals—making them broadly liable for negligent injuries occurring within the hospital system—with an important caveat: hospitals must have access to the information needed …

The Meme Stock Fenzy: Origins And Implications, Dhruv Aggarwal, Albert H. Choi, Yoon-Ho Alex Lee

Articles

In 2021, several publicly traded companies, such as GameStop, Bed Bath & Beyond, and AMC, became “meme stocks,” experiencing a sharp rise in their stock prices through a dramatic influx of retail investors into their shareholder base. Analyses of the meme stock surge and its implications for corporate governance have focused on the idiosyncratic creation of online communities around particular stocks during the COVID-19 pandemic. In this Article, we argue that the emergence of meme stocks is part of longer-running and more structural digital transformations in trading, investing, and governance. On the trading front, the abolition of commissions by major …

Une Histoire Pragmatique Du Politique, William J. Novak, Stephen W. Sawyer

Articles

Comme le montre ce numero, nous ne sommes guere en manque de tentatives recentes de repenser l'histoire du politique. En effet, deux generations d'historiens ont deja produit un grand nombre de nouvelles approches et de perspectives a partir desquelles il est maintenant possible d'etudier l'histoire politique a nouveaux frais. Dans le contexte historiographique americain, nous avons ete temoins d'une serie de nouvelles approches allant de ce que l'on a appele la « nouvelle histoire sociale politique » des annees 1970 a l'effort des sciences sociales pour « repenser l'Etat » (Bringing the State Back In) dans les annees 1980 et …

Writing With Ai: University Students’ Use Of Chatgpt, Nikola Crcek, Jakob Patekar

Articles

Background: ChatGPT, a chatbot based on a large language model, captured global attention toward the end of 2022. With its potential to generate comprehensive texts of a variety of genres based on a string of straightforward prompts, it was soon perceived as a threat by many in various fields, including – and in particular – education. Schools across the world began banning its use as instructors started to receive suspiciously well-written essays and assignments from their students.

Aim: This study aimed to investigate the prevalence of use of ChatGPT among university students for written assignments, explore the ways students utilize …

Democracy's Bureaucracy: The Complicated Case Of Voter Registration Lists, Michael Morse

Articles

This Article calls attention to the development and derailment of a novel cross-governmental bureaucracy for voter registration. It focuses specifically on voter registration lists as the vulnerable backbone of election administration. In short, the constitutional allocation of election authority has left a mobile electorate scattered across fifty different state registration lists. The result is more than a tenth of the electorate likely registered in their former jurisdiction and more than a third not registered at all. The solution, in the vocabulary of election officials, has become “list maintenance”—or, identifying when voters, previously registered at one address, subsequently move or die, …

Consent Searches And Underestimation Of Compliance: Robustness To Type Of Search, Consequences Of Search, And Demographic Sample, Roseanna Sommers, Vanessa K. Bohns

Articles

Most police searches today are authorized by citizens' consent, rather than probable cause or reasonable suspicion. The main constitutional limitation on so-called “consent searches” is the voluntariness test: whether a reasonable person would have felt free to refuse the officer's request to conduct the search. We investigate whether this legal inquiry is subject to a systematic bias whereby uninvolved decision-makers overstate the voluntariness of consent and underestimate the psychological pressure individuals feel to comply. We find evidence for a robust bias extending to requests, tasks, and populations that have not been examined previously. Across three pre-registered experiments, we approached participants …

Playing To Grow. Roundtable Interview On Games, Education, And Character, Owen Gottlieb, Matthew Farber, Paul Darvasi

Articles

In this roundtable interview moderated by Paul Darvasi, lecturer at the University of Toronto and co-founder of Gold Bug Interactive, Owen Gottlieb and Matthew Farber discuss research and practice at the intersection of religion, character education, and games in schools. Gottlieb is an associate professor at the Rochester Institute of Technology, founder and lead faculty at the Initiative in Religion, Culture, and Policy at the MAGIC center, and founder and director of the Interaction, Media, and Learning Lab at RIT, where he specializes in interactive media, learning, religion, and culture. Farber is an associate professor of educational technology and coordinator …

The Structure Of Secondary Copyright Liability, Felix T. Wu

Articles

Secondary copyright liability and secondary patent liability largely parallel each other. And yet, secondary copyright cases are often quite different from secondary patent cases. Whereas most secondary patent infringers act in a way that targets a particular patent or group of related patents, secondary copyright infringement mostly arises in the context of technologies or services that work across all copyrighted works. Secondary copyright liability raises issues of platform liability in ways that secondary patent liability usually does not.

The current structure and framing of secondary copyright liability inadequately account for this distinction. The result is that secondary copyright liability tends …

The Need For Energy Storage On Renewable Energy Generator Outputs To Lessen The Geeth Effect, I.E. Short-Term Variations Mainly Associated With Wind Turbine Active Power Output, Tony Kealy

Articles

Many studies investigating the short-term variations associated with the power output from wind turbine generators utilise simulated or modelled data in the analysis. This current study uses short-term empirical data downloaded directly from operational wind turbines via electrical power quality meters. The empirical data shows that the short-term variations (one-second or sub-one-second timeframe) occur continuously over most of the power output range. A novel name is proposed, the Geeth Effect, for this variability phenomenon. The Geeth Effect is measured using the coefficient of variation mathematical expression and is likely contributing to (i) lower-than-expected financial and environmental benefits associated with …

Exploring The Impact Of Signal Quality Enhancement On Heart Sound Classification Models, Davoud Shariat Panah, Andrew Hines, Susan Mckeever

Articles

Limited cardiology resources increase the urgency for automated heart disease screening for the general public. Heart sound diagnostic models have been recently employed as a cost-effective solution for the initial screening of heart disease. Noise in heart sound recordings, however, can reduce the performance of such data-driven models. Various quality enhancement approaches have been adopted to alleviate the destructive impact of noise on model performance. One approach is universal noise reduction which applies denoising techniques to recordings, irrespective of their noise level. The second approach is targeted noise reduction, which applies denoising solely to recordings deemed to need it, based …

Renormalized Stress-Energy Tensor For Scalar Fields In Hartle-Hawking, Boulware, And Unruh States In The Reissner-Nordström Spacetime, Julio Arrechea, Cormac Breen, Adrian Ottewill, Peter Taylor

Articles

In this paper, we consider a quantum scalar field propagating on the Reissner-Nordström black hole spacetime. We compute the renormalized stress-energy tensor for the field in the Hartle-Hawking, Boulware and Unruh states. When the field is in the Hartle-Hawking state, we renormalize using the recently developed “extended coordinate” prescription. This method, which relies on Euclidean techniques, is very fast and accurate. Once, we have renormalized in the Hartle-Hawking state, we compute the stress-energy tensor in the Boulware and Unruh states by leveraging the fact that the difference between stress-energy tensors in different quantum states is already finite. We consider a …

Raman Spectroscopic Analysis Of Human Serum Samples Of Convalescing Covid-19 Positive Patients, Hugh Byrne, Naomi Jackson, Jaythoon Hassan

Articles

Rapid screening, detection and monitoring of viral infection is of critical importance, as exemplified by the rapid spread of SARS-CoV-2, leading to the worldwide pandemic of COVID-19. This is equally the case for the stages of patient convalescence as for the initial stages of infection, to understand the medium and long terms effects, as well as the efficacy of therapeutic interventions. Optical spectroscopic techniques potentially offer an alternative to currently employed techniques of screening for the presence, or the response to infection. In this study, the ability of Raman spectroscopy to distinguish between samples of the serum of convalescent COVID-19 …

A Comprehensive Review On Metal Oxide-Nanocellulose Composites In Sustainable Active And Intelligent Food Packaging, Kalpani Y. Perera, Amit Jaiswal, Swarma Jaiswal, Dileswar Pradhan

Articles

The aim of this article is to provide an overview of the potential advantages and drawbacks of nanocellulose and metal oxide-based composites in food packaging. These materials offer improved mechanical and barrier properties, as well as antioxidant and antimicrobial benefits that extend the shelf life of food products. Nanocomposite structures protect food from various physiological factors and immobilize enzymes, while metal oxide nanoparticles provide antibacterial effects against Gram-positive and Gram-negative bacteria. However, there are concerns regarding the safety of nanoparticles and their potential migration into packaged food during processing and storage. This article explores these issues and highlights the need …

Comparative Simulations Of An Electrochromic Glazing And A Roller Blind As Controlled By Seven Different Algorithms, Hani Alkhatib, Philippe Lemarchand, Brian Norton, Dominic O'Sullivan

Articles

The use of roller blind as a surrogate for a switchable glazing in a dynamic building environmental simulation is investigated. Seven different control algorithms were applied to simulations of both operations of the blind and of the switchable glazing. The configurations compared were an electrochromic glazing and a roller blind, the controllers used were rule-based, proportional-integral-derivative (PID), anti-windup PID (aPID) and a model predictive controller (MPC). Particular case studies were examined in the weather conditions of Dublin, Ireland to make comparisons of simulated energy savings and occupancy daylight comfort from the use of electrochromic glazing or a roller blind with …

Tech Supremacy: The New Arms Race Between China And The United States, Xuan-Thao Nguyen

Articles

In the brewing tech war between the United States and China, the quest for tech supremacy is in full force. Through enacting a series of laws and policies, China aims to reach its goal of tech supremacy. If China succeeds, U.S. corporations will face a daunting task in competing against Chinese products and services in core industries and in sectors where artificial intelligence and technological breakthroughs reign. This Article is the first to identify and analyze China’s 2022 Law on Science and Technology Progress, Personal Information Protection Law, Made in China 2025, National Intellectual Property Strategies, and digital currency e-CNY; …

Corporate Democracy And The Intermediary Voting Dilemma, Jill E. Fisch, Jeff Schwartz

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Corporate governance is changing. For the past two decades, the focus of shareholder voting and engagement was deconstructing impediments to shareholder power and increasing managerial accountability. The goal of these interventions was to increase firm value by reducing agency costs. Increasingly, however, environmental and social issues have risen to the fore. This new focus is arguably more about values than value. This Article is the first to argue that, because of this shift, institutional intermediaries—namely, pension and mutual fund managers—can no longer vote and engage on the affairs of their portfolio companies without seeking the input of the pension-plan participants …

Making Tradable White Certificates Trustworthy, Anonymous, And Efficient Using Blockchains, Nouman Ashraf, Sachin Sharma, Sheraz Aslam, Khursheed Aurangzeb

Articles

Fossil fuel pollution has contributed to dramatic changes in the Earth’s climate, and this trend will continue as fossil fuels are burned at an ever-increasing rate. Many countries around the world are currently making efforts to reduce greenhouse gas emissions, and one of the methods is the Tradable White Certificate (TWC) mechanism. The mechanism allows organizations to reduce their energy consumption to generate energy savings certificates, and those that achieve greater energy savings can sell their certificates to those that fall short. However, there are some challenges to implementing this mechanism, such as the centralized and costly verification and control …