Digital Commons Network^™

Cyber Deterrence, Eric Talbot Jensen

Faculty Scholarship

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues to develop …

Gene, Pathway And Network Frameworks To Identify Epistatic Interactions Of Single Nucleotide Polymorphisms Derived From Gwas Data, Yu Liu, Sean Maxwell, Tao Feng, Xiaofeng Zhu, Robert C. Elston, Mehmet Koyutürk, Mark R. Chance

Faculty Scholarship

Background: Interactions among genomic loci (also known as epistasis) have been suggested as one of the potential sources of missing heritability in single locus analysis of genome-wide association studies (GWAS). The computational burden of searching for interactions is compounded by the extremely low threshold for identifying significant p-values due to multiple hypothesis testing corrections. Utilizing prior biological knowledge to restrict the set of candidate SNP pairs to be tested can alleviate this problem, but systematic studies that investigate the relative merits of integrating different biological frameworks and GWAS data have not been conducted.Results: We developed four biologically based frameworks to …

Vat Triangulation With A Us Middleman Vstr, C-587/10, Richard Thompson Ainsworth

Faculty Scholarship

It is not every day that an American firm finds itself in the middle of an EU VAT controversy that significantly develops the law. However, the September 27, 2012 decision of the European Court of Justice (ECJ) does just that. The case is Vogtländische Straβen-,Tief- und Rohrleitungsbau GmbH Rodewisch (VSTR) v. Finanzamt Plauen.

In November 1998 Atlantic International Trading Company (AIT), an American company established in New York, NY, purchased two stone-crushers from VSTR, a firm established in Germany. AIT quickly re-sold the stone-crushers to an end user established in Finland. The VSTR/AIT contract was “ex works,” that is AIT …

Marriage Pluralism, Family Law Jurisdiction, And Sex Equality In The United States, Linda C. Mcclain

Faculty Scholarship

In many regions of the world, rights guaranteed under the civil law, including rights to gender equality within marriage and rights in the distribution of family property and child custody upon divorce, are in conflict with the principles of religious law. Women's rights issues are often at the heart of these tensions, which present pressing challenges for theorists, lawyers, and policymakers. This anthology brings together leading scholars and activists doing innovative work in Jewish law, Muslim law, Christian law, and African customary law. Using examples drawn from a variety of nations and religions, they interrogate the utility of recent theoretical …

Vat Fraud & Triangulation, Richard Thompson Ainsworth

Faculty Scholarship

Missing trader intra-community (MTIC) fraud has received a lot of domestic enforcement attention. True cross border enforcement (joint or coordinated multi-Member State audit) has been limited. There are signs that this is changing as the Member States become more aggressive in their search for revenue.

Along with this shift in enforcement focus, triangulation analysis has moved from being an interesting aspect of the MTIC fraud structure to the central element in a larger understanding of how a fraudster thinks and how he carries out his fraud. We are coming to understand that triangulations are not only the mechanism of how …

Grand Theft Auto Loans: Repossession And Demographic Realities In Title Lending, Nathalie Martin

Faculty Scholarship

This Article analyzes empirical data on one of America's fastest growing credit products, the title loan. A title loan is a high-interest, deeply oversecured, consumer loan, in which the consumer uses an unencumbered automobile as collateral for a non-purchase money loan. Title loans are made based solely on equity in a car. If a customer has insufficient income to pay the payments under the loan, typically interest-only payments at 300% per annum or more, the lender repossesses the vehicle, many of which have GPS trackers installed for this purpose. Not surprisingly, the repossession rates for title loans are higher than …

Dog Woman And The Complexities Of The Maternal Instinct In Jeanette Winterson's Sexing The Cherry, Heather Brown Hudson

Faculty Scholarship

In Sexing the Cherry, Jeanette Winterson’s Dog Woman is a gigantesque weapon yielding force to be reckoned with. As the title teases with the notion of gendering within language, both her physical appearance and actions beg for a reevaluation of what has been defined as both maternal and instinctual. She is at once a stable and loving, yet in order to protect her son from harm, she revolts against the powers that be and oscillates between time and place in both a self-made utopia as well as a force-fed dystopia. To her son, she is shelter, to her enemies, menacing …

A Unified Picture Of Breaks And Truncations In Spiral Galaxies From Sdss And S4g Imaging., Ignacio Martin-Navarro, Judit Bakos, Ignacio Trujillo, Johan H. Knapen, E. Athanassoula, A. Bosma, Sebastien Comeron, Bruce G. Elmegreen, Santiago Erroz-Ferrer, Dimitri A. Gadotti, Armando Gil De Paz, Joannah L. Hinz, Luis C. Ho, Benne W. Holwerda, Taehyun Kim, Jarkko Laine, Eija Laurikainen, Karin Menendez-Delmestre, Trisha Mizusawa, Juan Carlos Munoz-Mateos, Michael W. Regan, Heikki Salo, Mark Seibert, Kartik Sheth

Faculty Scholarship

The mechanism causing breaks in the radial surface-brightness distribution of spiral galaxies is not yet well known. Despite theoretical efforts, there is not a unique explanation for these features and the observational results are not conclusive. In an attempt to address this problem, we have selected a sample of 34 highly inclined spiral galaxies present in both the Sloan Digital Sky Survey (SDSS) and the Spitzer Survey of Stellar Structure in Galaxies (S4G). We have measured the surface-brightness profiles in the five Sloan optical bands and in the 3.6-µm Spitzer band. We have also calculated the colour and stellar surface …

Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley

Faculty Scholarship

The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.

Quantified H I Morphology : Vi. The Morphology Of Extended Discs In Uv And H I., Benne W. Holwerda, N. Pirzkal, J. S. Heiner

Faculty Scholarship

Extended ultraviolet (XUV) discs have been found in a substantial fraction of late-type – S0, spiral and irregular – galaxies. Similarly, most late-type spirals have an extended gas disc, observable in the 21-cm radio line (H i). The morphology of galaxies can be quantified well using a series of scale-invariant parameters; concentration-asymmetry-smoothness (CAS), Gini, M20, and GM parameters. In this series of papers, we apply these to H i column density maps to identify mergers and interactions, lopsidedness and now XUV discs. In this paper, we compare the quantified morphology and effective radius (R50) of the Westerbork observations of neutral …

Sexual Sensation Seeking, Drug Use And Risky Sex Among Detained Youth, Dexter R. Voisin

Faculty Scholarship

Sexual sensation seeking has been correlated with drug use and risky sex in a number of populations. However, these relationships have had limited examination among adolescents, and to date, have not been explored among detained youth, a group with some of the highest rates of illicit drug use and STIs. To better understand these relationships we utilized A-CASI to collect data on sociodemographics, sexual sensation seeking, drug use and risky sexual behaviors among a sample of 550 detained youth. A series of multivariable regression models controlling for age, gender, race/ethnicity, socioeconomic status and risky peer networks indicated that sexual sensation …

Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein

Faculty Scholarship

The May 25, 2012, report — entitled EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal — disapproved of EPA’s lack of progress in determining whether certain pharmaceuticals found in surface, ground, and drinking water qualify as hazardous waste, as well as in establishing an evaluation and regulatory process for pharmaceutical wastes. As a result of the report, EPA is now considering mechanisms for assessing and regulating the presence of certain pharmaceutical products in the environment as hazardous wastes under the Resource Conservation and Recovery Act.

Against Employer Dumpster-Diving For Email, Michael Z. Green

Faculty Scholarship

Recent attorney client-privilege cases ojfer a modern understanding of reasonable expectations of employee privacy in the digital age. Today employees are sending an increasing number of electronic mail communications to their attorneys via employer-provided computers or other digital devices with an expectation of privacy and confidentiality. Historically, courts summarily dispensed with these matters by finding that an employer policy establishing employer ownership of any communications made through employer-provided devices eliminated any employee expectation of privacy in the communications and waived any viable privacy challenges to employer review of those communications. Nevertheless, within the last couple of years, several cases involving …

Neither Rules Nor Standards, Steven A. Dean

Faculty Scholarship

No abstract provided.

Dynamic Fiduciary Duties, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Common Ownership And Equality Of Autonomy, Anna Di Robilant

Faculty Scholarship

In recent years, common ownership has enjoyed unprecedented favour among policy-makers and citizens in the United States, Canada, and Europe. Conservation land trusts, affordable-housing co-operatives, community gardens, and neighborhood-managed parks are spreading throughout major cities. Normatively, these common-ownership regimes are seen as yielding a variety of benefits, such as a communitarian ethos in the efficient use of scarce resources, or greater freedom to interact and create in new ways. The design of common-ownership regimes, however, requires difficult trade-offs. Most importantly, successful achievement of the goals of common-ownership regimes requires the limitation of individual co-owners’ ability to freely use the common …

How Do The Elderly Fare In Medical Malpractice Litigation, Before And After Tort Reform? Evidence From Texas, Myungho Paik, Bernard S. Black, David A. Hyman, William M. Sage, Charles M. Silver

Faculty Scholarship

The elderly account for a disproportionate share of medical spending, but little is known about how they are treated by the medical malpractice system, or how tort reform affects elderly claimants. We compare paid medical malpractice claims brought by elderly plaintiffs in Texas during 1988–2009 to those brought by adult non-elderly plaintiffs. Controlling for healthcare utilization (based on inpatient days), elderly paid claims rose from about 20% to about 40% of the adult non-elderly rate by the early 2000s. Mean and median payouts per claim also converged, although the elderly were far less likely to receive large payouts. Tort reform …

Learning Visual Features For The Avatar Captcha Recognition Challenge, Mohammed Korayem, Abdallah A. Mohamed, David Crandall, Roman Yampolskiy

Faculty Scholarship

Captchas are frequently used on the modern world wide web to differentiate human users from automated bots by giving tests that are easy for humans to answer but difficult or impossible for algorithms. As artificial intelligence algorithms have improved, new types of Captchas have had to be developed. Recent work has proposed a new system called Avatar Captcha, in which a user is asked to distinguish between facial images of real humans and those of avatars generated by computer graphics. This novel system has been proposed on the assumption that this Captcha is very difficult for computers to break. In …

The Brightest Of Reionizing Galaxies Survey : Constraints On The Bright End Of The Z ~ 8 Luminosity Function., L. D. Bradley, M. Trenti, P. A. Oesch, M. Stiavelli, T. Treu, R. J. Bouwens, J. M. Shull, Benne W. Holwerda, N. Pirzkal

Faculty Scholarship

We report the discovery of 33 Lyman-break galaxy candidates at z ∼ 8 detected in Hubble Space Telescope Wide Field Camera 3 (WFC3) imaging as part of the Brightest of Reionizing Galaxies (BoRG) pure-parallel survey. The ongoing BoRG survey currently has the largest area (274 arcmin2) with Y098 (or Y105), J125, and H160 band coverage needed to search for z ∼ 8 galaxies, about three times the current CANDELS area, and slightly larger than what will be the final CANDELS wide component with Y105 data (required to select z ∼ 8 sources). Our sample of 33 relatively bright Y098-dropout galaxies …

Managing Employees’ Use Of Mobile Technologies To Minimize Work-Life Balance Impacts, Suprateek Sarker, Saonee Sarker, Xiao Xiao, Manju Ahuja

Faculty Scholarship

Organizations recognize that employees’ use of mobile technologies improves productivity. Yet there is concern that mobile usage can impact employees’ work-life balance (WLB). In this article, we report on the undesirable impacts on WLB and offer a framework and a set of strategies for managing WLB. We propose that there is a continuum of WLB perceptions, with some seeing work and personal life as separate domains, others viewing work as overlapping with personal life and yet others perceiving the two domains as integrated

Late Embryogenesis Abundant Proteins Protect Human Hepatoma Cells During Acute Desiccation., Shumin Li, Nilay Chakraborty, Apurva Borcar, Michael Menze, Mehmet Toner, Steven Hand

Faculty Scholarship

Expression of late embryogenesis abundant (LEA) proteins is highly correlated with desiccation tolerance in anhydrobiotic animals, selected land plants, and bacteria. Genes encoding two LEA proteins, one localized to the cytoplasm/nucleus (AfrLEA2) and one targeted to mitochondria (AfrLEA3m), were stably transfected into human HepG2 cells. A trehalose transporterwas used for intracellular loading of this disaccharide. Cellswere rapidly and uniformly desiccated to low water content (< 0.12 g H2O/g dry weight) with a recently developed spin-drying technique. Immediately on rehydration, control cells without LEA proteins or trehalose exhibited 0% membrane integrity, comparedwith 98% in cells loaded with trehalose and expressing AfrLEA2 or AfrLEA3m; surprisingly, AfrLEA3m without trehalose conferred 94% protection. Cell proliferation across 7 d showed an 18-fold increase for cells dried with AfrLEA3m and trehalose, compared with 27-fold for nondried controls. LEA proteins dramatically enhance desiccation tolerance in mammalian cells and offer the opportunity for engineering biostability in the dried state.

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher

Faculty Scholarship

This policy proposal makes the case for opening Master Limited Partnerships (MLPs) and Real Estate Investment Trusts (REITs) — both well-established investment structures — to renewable energy investment. MLPs and, more recently, REITs have a proven track record for promoting oil, gas, and other traditional energy sources. When extended to renewable energy projects these tools will help promote growth, move renewables closer to subsidy independence, and vastly broaden the base of investors in America’s energy economy.

Maine Shared Collections Strategy: Why Now In Maine?, Clem Guthro

Faculty Scholarship

No abstract provided.

Beneficial Ownership And The Remic Classification Rules, David J. Reiss, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Turning Point: Encountering John The Baptist, Kenneth R. Overberg

Faculty Scholarship

No abstract provided.

The Natural History Of The Ants Of Michigan's E.S. George Reserve: A 26 Year Study, Mary Talbot

Faculty Scholarship

The results of a 26-summer study of the ants on an 1146 acre (464 ha) natural history preserve in southeastern Michigan are presented. Habitat distribution and nest construction for each of the 87 species are recorded. The sites of collections of each species on the Reserve are shown on maps. In addition, records of colony populations, brood development and nuptial flights of many of the species are presented.

Reforming Legal Education: Law Schools At The Crossroads, Debra Curtis, David Moss

Faculty Scholarship

In today's volatile law school environment, curriculum reform has emerged as a significant focus. It is commonly understood that law schools effectively teach certain analytical skills, but are less successful in other areas, and often scramble to adapt to evolving aims. This book demonstrates how law schools are successfully reforming their curriculum - and lays the framework to show how all schools of law can engage in a continuous reform model that proactively shapes our profession. It is expected that faculty and professional staff engaged in legal education will utilize this book as a primary resource to guide their respective …

Do Damages Caps Reduce Medical Malpractice Insurance Premiums?: A Systematic Review Of Estimates And The Methods Used To Produce Them, Kathryn Zeiler, Lorian Hardcastle

Faculty Scholarship

Despite common claims made in policy debates, the theoretical connection between tort reform and medical malpractice insurance premiums is ambiguous. Simple models suggest reforms such as statutory damages caps reduce premiums. More elaborate models that account for changes in physician behavior suggest caps might increase or have no impact on premiums. A number of empirical studies have been conducted to estimate the impacts of caps on premiums, and several qualitative literature reviews have attempted to draw general conclusions from the literature. No review, however, has offered a comprehensive and systematic analysis of the full set of empirical studies. This chapter …

The Litigation Finance Contract, Maya Steinitz

Faculty Scholarship

Litigation funding-for-profit, nonrecourse funding of a litigation by a nonparty-is a new and rapidly developing industry. It has been described as one of the "biggest and most influential trends in civil justice" today by RAND, the New York Times, and others. Despite the importance and growth of the industry, there is a complete absence of information about or discussion of litigation finance contracting, even though all the promises and pitfalls of litigation funding stem from the relationships those contracts establish and organize. Further, the literature and case law pertaining to litigation funding have evolved from an analogy between litigation funding …

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Faculty Scholarship

In asserting that law is a profession, not a business, lawyers often refer to the role that self-governance plays in the legal profession. Julius Henry Cohen captured this sentiment in the following exhortation: “Ours is a profession...The sins of one of us are the sins of all of us.” Come, brethren, let us clean house.” Meaningful self-governance requires accountable and independent professionals. This article tackles accountability as fundamental aspects of professionalism. The examination of accountability considers fissures in accountability as demonstrated in lawyers’ rush to jump on the limited liability bandwagon and resistance to mandatory legal malpractice insurance and insurance …