Digital Commons Network^™

The Neuroscience Of Social Comparison And Competition, Avishalom Tor, Stephen M. Garcia

Journal Articles

The study of competition from a social comparison perspective offers valuable insights into the neuroscience of social judgment and decision making under uncertainty. When engaging in social comparison, individuals seek and assess information about similarities or differences between others and themselves, in large part to improve their self-evaluation. By providing information about one’s relative position, abilities, outcomes, and more, social comparisons can inform competitive judgments and decisions. People reasonably turn to social comparisons to reduce uncertainty before, during, and after competition. However, the extent to which they do so and the behavioral consequences of social comparisons often fail to match …

Review Of Tom Ginsburg, Democracies And International Law, Diane A. Desierto

Journal Articles

Review of Tom Ginsburg, Democracies and International Law. Cambridge: Cambridge University Press, 2021. Pp. 250. £29.99. ISBN: 9781108843133.

Good Representatives, Bad Objectors, And Restitution In Class Settlements, Jay Tidmarsh, Tladi Marumo

Journal Articles

his Article uses two recent decisions -one prohibiting incentive awards to class representatives and one permitting disgorgement of side payments to class objectors - to explore deeper connections between class­action settlements and the law of restitution. The failure to correctly apply the law of restitution led both courts astray. First, courts can approve incentive awards, as long as an award properly reflects the benefit that the representative's efforts bestowed on the class. Second, restitution provides a basis to disgorge improper side payments to objectors, but only under conditions different from those that the court described. More broadly, attention to the …

Allocating State Authority Over Charitable Nonprofit Organizations, Lloyd Hitoshi Mayer

Journal Articles

This Essay considers the allocation of state authority to enforce the legal obligations particular to charities and their leaders among state officials, including attorneys general, judges, and legislators, and private parties. It first describes the existing allocation. It then reviews the most common criticisms of this allocation, which primarily focus on two concerns: politicization and lack of sufficient enforcement. Finally, it evaluates the most notable proposals for reallocating this authority, including the reallocation of this authority in part to private parties.

This Essay concludes that reform proposals have two fundamental flaws. First, proposals aimed at countering the political nature of …

Disaggregating State Bankruptcy, Michael A. Francus

Journal Articles

States today face fiscal challenges that they cannot surmount. With trillions in debt and billions in deficits, states are rapidly reaching the point where they cannot satisfy their obligations to pensioners, employees, and residents. This deterioration of state finances has, in turn, revived the debate over whether Congress should expand the Bankruptcy Code to allow states to file for bankruptcy. The debate, though, overlooks how, as a practical matter, bankruptcy is already available to financially distressed states. Chapter 9 of the Bankruptcy Code permits a state’s political subdivisions, public agencies, and instrumentalities to file for bankruptcy if the state authorizes …

Proper Parties, Proper Relief, Samuel L. Bray, William Baude

Journal Articles

From the Introduction

In the last Term at the United States Supreme Court [2022], standing was the critical question in several major cases: the two challenges to the Biden Administration’s first student loan forgiveness plan, Biden v. Nebraska and Department of Education v. Brown, as well as the challenge to the Administration’s immigration priorities in United States v. Texas and the race-discrimination challenge to the Indian Child Welfare Act in Haaland v. Brackeen. Standing has featured heavily in journalistic coverage of the decision in 303 Creative LLC v. Elenis. And standing may have been the reason for the Court’s stay …

Abortion—A Question Of Human Rights, Geoffrey Bennett, Christina M. Lyon

Journal Articles

Unlike the American Supreme Court which has been prepared to acknowledge, confront, and attempt to resolve the many problems associated with abortion, the European Commission of Human Rights in two cases that have only recently been reported has disappointingly side-stepped many of the difficult issues involved, and raised more questions than it answers. Furthermore, the reasoning in these decisions, which are concerned with the interpretation of several of the Articles of the European Convention on Human Rights, is at times vague and curiously ill-argued. The two decisions are first a German case, Bruggeman and Scheuten v Federal Republic of Germany …

Power Corrupts, Emily S. Bremer

Journal Articles

Administrative law today neglects administration, focusing instead on power and the institutions that wield it, particularly the Supreme Court, the president, and Congress. Tracing the field’s reorientation—from the New Deal–era cases that revealed the thin political will behind the Administrative Procedure Act to the emergence of the Chevron doctrine—this paper argues that administrative law’s obsession with power corrupts the field.

Election Subversion And The Writ Of Mandamus, Derek T. Muller

Journal Articles

Election subversion threatens democratic self-governance. Recently, we have seen election officials try to manipulate the rules after an election, defy accepted legal procedures for dispute resolution, and try to delay results or hand an election to a losing candidate. Such actions, if successful, would render the right to vote illusory. These threats call for a response. But rather than recommend the development of novel tools to address the problem, this Article argues that a readily available mechanism is at hand for courts to address election subversion: the writ of mandamus. This Article is the first comprehensive piece to situate the …

The President Of The Senate, The Original Public Meaning Of The Twelfth Amendment, And The Electoral Count Reform Act, Derek T. Muller

Journal Articles

When Congress convenes under the Twelfth Amendment and the votes of presidential electors are counted, there are three different responsibilities to consider. First, who presides over the joint session where counting takes place, and what is the role of that presiding officer? Second, who counts the electoral votes? Third, who resolves disputes about those electoral votes?

This Essay answers those questions. First, the presiding officer in the joint session is the President of the Senate, and she acts as any other presiding officer of a legislature. She initiates actions pursuant to precedent, parliamentary procedures, and the wishes of the chamber. …

Nonprofits, Taxes, And Speech, Lloyd Hitoshi Mayer

Journal Articles

Federal tax law is of two minds when it comes to speech by nonprofits. The tax benefits provided to nonprofits are justified in significant part because they provide nonprofits great discretion in choosing the specific ends and means to pursue, thereby promoting diversity and pluralism. But current law withholds some of these tax benefits if a nonprofit engages in certain types of political speech. Legislators have also repeatedly, if unsuccessfully, sought to expand these political speech restrictions in various ways. And some commentators have proposed denying tax benefits to groups engaged in other types of disfavored speech, including hate speech …

Decoupling Property And Education, Nicole Stelle Garnett

Journal Articles

Over the past several years, the landscape of K–12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These policies decouple property and education by delinking students’ educational options from their residential addresses. The wisdom and efficacy of parental choice as education policy is hotly debated. This Essay takes a step back from these education-policy debates and examines the underappreciated fact that decoupling property and education also advances at least economic development goals. …

If You Can't Beat Them, Join Them: Richard Posner And Behavioral Law And Economics, Avishalom Tor, Doran Teichman, Eyal Zamir

Journal Articles

Since its publication in 1973, Economic Analysis of Law (the Treatise) by Richard Posner has been recognized as the canonical treatise in the field. Given this status, observing changes over time in the different editions of the book can highlight substantial and methodological shifts in the area. On this backdrop, this brief essay will highlight Posner's change of attitude towards behavioral analysis of law over the years, culminating with the incorporation of behavioral insights into the las edition of this book, published in 2024.

Over The Teacups Club Records - Accession 1493, Book Club Of Rock Hill, Over The Teacups

Manuscript Collection

Over The Teacups is a literary society formed in Rock Hill, SC in 1897 with the purpose to be for the “literary improvement and social intercourse of the members.” The Over the Teacups Records consists of the constitution and bylaws, minutes and financial records, correspondence, yearbooks, South Carolina Federation of Women’s Clubs’ yearbook and correspondence, and the General Federation of Women’s Clubs’ booklets, centennial celebration and correspondence.

Digital Nudges: Contours And Challenges, Avishalom Tor

Book Chapters

Digital nudges—that is, significantly behavioral interventions that use software and its user-interface design elements—are an increasingly pervasive feature of online environments that shapes behavior both online (e.g., changing online privacy settings) and offline (e.g., taking a flu vaccine due to a text message reminder). Although digital nudges share many characteristics of their offline counterparts, they merit particular attention and analysis for two important reasons: First, the growing ubiquity of digital nudges makes encountering them nearly unavoidable in daily life, thereby bringing into sharper relief the promise and perils of nudges more generally. Second, the potentially greater potency of digital—compared to …

The Law And Economics Of Freshwater, Bruce R. Huber

Book Chapters

The chapter is a tribute to Klaus Mathis for his invaluable contributions at the intersection of law and economics.

Law and Economics in all seinen Facetten Festschrift zu Ehren von Klaus Mathis trans: Law and Economics in All His Facets: Festschrift in Honor of Klaus Mathis

Series: Schriften zur Rechtstheorie, vol. 309

Personal Service Companies And The Tax Avoidance Surcharge In Singapore, Vincent Ooi, Ben Chester Cheong

Research Collection Yong Pung How School Of Law

Incorporation of personal service companies provide tax and non-tax advantages. With the introduction of a tax avoidance surcharge in Singapore, incorporation for non-tax advantages risks additional “tax costs” if challenged by the revenue authorities, introducing uncertainty and litigation costs. Instead of relying on a GAAR, targeted measures should restrict tax advantages to the first company incorporated by each individual taxpayer.

Changes In Parental Anxiety And Intention To Demand Antibiotics: A Longitudinal Study Among Parents During The Covid-19 Pandemic, Aaron L. Alejandro, Mieghan Bruce, Wei W. C. Leo

Research outputs 2022 to 2026

Aims: Assessing the effects of the COVID-19 pandemic on parental anxiety and preferences for antibiotic treatment can help inform antibiotic stewardship strategies. Therefore, this study aimed to examine COVID-19 pandemic-related changes in parental anxiety levels, their intentions to demand antibiotics and frequencies of practising preventative behaviours. Design: This longitudinal quantitative study compared two groups of parents, those from Victoria and Western Australia, who experienced high and low COVID-19 risk, respectively. Methods: Participants were recruited through an online panel to complete three waves of surveys between October 2020 and August 2021. Anxiety scores and frequency of preventative behaviours were analysed using …

Clinical Deterioration As A Nurse Sensitive Indicator In The Out-Of-Hospital Context: A Scoping Review, Kylie Mccullough, Melanie Baker, Dianne Bloxsome, Carol Crevacore, Hugh Davies, Gemma Doleman, Michelle Gray, Nilufeur Mckay, Peter Palamara, Gina Richards, Rosemary Saunders, Amanda Towell-Barnard, Linda L. Coventry

Research outputs 2022 to 2026

Aims: To explore and summarise the literature on the concept of ‘clinical deterioration’ as a nurse-sensitive indicator of quality of care in the out-of-hospital context. Design: The scoping review adhered to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses Extension for Scoping Review and the JBI best practice guidelines for scoping reviews. Methods: Studies focusing on clinical deterioration, errors of omission, nurse sensitive indicators and the quality of nursing and midwifery care for all categories of registered, enrolled, or licensed practice nurses and midwives in the out-of-hospital context were included regardless of methodology. Text and opinion papers were also …

Investigating Pre-Professional Dancer Health Status And Preventative Health Knowledge, Joanna Nicholas, Sara Grafenauer

Research outputs 2022 to 2026

Introduction: Dance is a highly demanding physical pursuit coupled with pressure to conform to aesthetic ideals. Assessment of health status and preventative health knowledge of pre-professional dancers may help inform educational strategies promoting dancers’ health and career longevity. The aim of this research was to establish a baseline understanding of dance students at a single pre-professional institution based on metrics focused on current health, nutrition, lifestyle, and wellbeing while also gauging knowledge of longer-term health implications. Methods: Adopting a cross-sectional study design, the Dance-Specific Energy Availability Questionnaire was tailored for Australian participants and administered online. Results: The response rate was …

Compensating And Taxing Land Regulations, Seng Wei, Edward Ti

Research Collection Yong Pung How School Of Law

In this article, I synthesise the literature regarding the law and economics approach dealing with compulsory acquisition. Contrary to the status quo, I reason that regulations not amounting to an acquisition, but which adversely affect economic value, should also be compensable from an efficiency lens. This can be accommodated within the existing jurisprudence by recognising that acquisition ‘gains’ can also include environmental amenities, rather than only limiting these to land or property in specie by the acquiring authority. Similarly, where landowners enjoy an uplift in value from regulations, some part of this windfall profit should be taxable. The article takes …

Sensitive Content, Marziya Mohammedali

Research outputs 2022 to 2026

September 2022 saw the rise of a wave of worldwide protests around the death of Jina ‘Mahsa’ Amini in Iran. . . .

On Beauty, Scholarship, And Function: The Lessons From, And Importance Of, Legal History In The Development Of The Law Of Marine Insurance: [Review Of] Marine Insurance: A Legal History By Rob Merkin, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

A few words of explanation at the outset are perhaps necessary – if nothing else than to explain the apparently cryptic title of this review essay. What in fact began as a somewhat straightforward review of a book on the history of marine insurance took a wholly unexpected turn and morphed into a general essay on the beauty, scholarship and function of legal history as viewed through the lenses of marine insurance. Indeed, in addition to being a magisterial two-volume history of the law of marine insurance, the present work demonstrates – in the most vividly possible way – at …

Transforming Transitions To Primary School: Using Children’S Funds Of Knowledge And Identity, Fiona Boylan, Lennie Barblett, Leanne Lavina, Amelia Ruscoe

Research outputs 2022 to 2026

Transition to school experiences influence children’s wellbeing, development, and learning at the time of transition and future transitions. Effective transitions require schools to engage with children and families in ways that connect and empower them in the transition process. In this study children aged 3–6 years and their teachers used a Funds of Knowledge (FoK) and Funds of Identity (FoI) lens to reimagine transition practices for children and their families. Through a design-based thinking process, qualitative data was collected from four professional learning days, as well as individual coaching sessions, observations of the first days of school, and stakeholder interviews. …

Covid-19 And Investor-State Disputes: Have The Stars Aligned For Mediation?, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

In response to the global pandemic, governments have compelled the production of ventilators, limited service provision to “essential” goods, suspended bills for electricity, gas and water, and implemented price and export controls. Regulatory measures have consciously inhibited economic activity and disrupted investment interests. Inevitably, foreign investors are among those adversely affected by measures directed towards the containment of COVID-19. Since the first bilateral investment treaty (“BIT”) was concluded in 1959, international investment agreements (“IIAs”) have served as derogations to the general international law principle that States have absolute discretion to restrict and regulate foreign investors within their territories.2 As such, …

Overview Of Muscle Fatigue Differences Between Maximal Eccentric And Concentric Resistance Exercise, James L. Nuzzo, Matheus D. Pinto, Kazunori Nosaka

Research outputs 2022 to 2026

Since the 1970s, researchers have studied a potential difference in muscle fatigue (acute strength loss) between maximal eccentric (ECCmax) and concentric (CONmax) resistance exercise. However, a clear answer to whether such a difference exists has not been established. Therefore, the aim of our paper was to overview methods and results of studies that compared acute changes in muscle strength after bouts of ECCmax and CONmax resistance exercise. We identified 30 relevant studies. Participants were typically healthy men aged 20–40 years. Exercise usually consisted of 40–100 isokinetic ECCmax and CONmax repetitions of the knee extensors or elbow flexors. Both ECCmax and …

The International Framework For School Health Promotion: Supporting Young People Through And After The Covid-19 Pandemic, Joseph J. Scott, Lynette Vernon, Alexandra P. Metse

Research outputs 2022 to 2026

BACKGROUND: The worldwide COVID-19 government restrictions imposed on young people to limit virus spread have precipitated a growing and long-term educational and health crisis. CONTRIBUTIONS TO THE THEORY: This novel study used Sen's Capabilities Approach as a theoretical framework to examine the current health and educational impacts of COVID-19 on youth, referencing emerging literature. The objective was to inform the design of an internationally relevant framework for school health promotion to support young people through and after the COVID-19 pandemic. Mapping of existing health resources, internal/external conversion factors and capabilities were used to identify classroom, school and system level strategies …

A Synthetic Wheat L-System To Accurately Detect And Visualise Wheat Head Anomalies, Chris C. Napier, David M. Cook, Leisa Armstrong, Dean Diepeveen

Research outputs 2022 to 2026

Greater knowledge of wheat crop phenology and growth and improvements in measurement are beneficial to wheat agronomy and productivity. This is constrained by a lack of public plant datasets. Collecting plant data is expensive and time consuming and methods to augment this with synthetic data could address this issue. This paper describes a cost-effective and accurate Synthetic Wheat dataset which has been created by a novel L-system, based on technological advances in cameras and deep learning. The dataset images have been automatically created, categorised, masked and labelled, and used to successfully train a synthetic neural network. This network has been …

The Effect Of High-Speed Power Training On Physical Frailty In Older Adults: Effect Of A Visual-Guided Exercise Program In South Korean Rural Areas, Dong H. Yoon, Jin-Soo Kim, Su S. Hwang, Dong W. Lee, Wook Song

Research outputs 2022 to 2026

Objective. Exercise has been shown to be an effective intervention; the difficulty still lies in providing exercise programs to the older adults in rural areas. Therefore, this study aimed to examine the effects of a 12-week exercise program provided with visual guidelines (prerecorded video) on frailty among older adults in rural areas. Methods. Fifty participants (71.7 ± 4.9 years) from 5 different rural areas were recruited and divided into two groups: the exercise group (EX, n = 24 (male: 8, female: 18)) and the control group (CON, n = 26 (male: 7, female: 17)). With the commencement of the exercise …

Exploring The Re-Legitimisation Of Messages For Health And Physical Education Within Contemporary English And Welsh Curricula Reform, J. Stirrup, David Aldous, S. Gray, R. Sandford, O. Hooper, S. Hardley, A. S. Bryant, N. R. Carse

Research outputs 2022 to 2026

This paper explores how messages for health and PE ([H]PE) within English and Welsh curricula are being re-legitimised through distinct performance and competence pedagogic models. Drawing upon Bernstein’s sociology of knowledge (Bernstein, 1996. Pedagogy, symbolic control and identity: Theory, research, critique. Taylor and Francis; 2000. Pedagogy, symbolic control and identity: Theory, research and critique (revised ed.). Rowman and Littlefield) data was generated through a deductive content analysis of the contemporary statutory English National Curriculum for Physical Education (NCPE) and the new Curriculum for Wales (CfW), Health and Well-Being Area of Learning and Experience (HWB-AoLE). Findings illustrate how the current English …