Digital Commons Network^™

Beyond Carve-Outs And Toward Reliance: A Normative Framework For Cross-Border Insolvency Choice Of Law, John A. E. Pottow

Articles

The title of this Article purports to develop a normative framework for cross-border insolvency choice of law. That can be a task of varying scope, so at the outset any pretense of ambition for a wholly new choice of law model should be dispelled. Indeed, at the most generalized level, bankruptcy choice of law theory has already been fully ventilated in the well-rehearsed universalism versus territorialism debates. And it has been settled. The universalists, at least as a normative matter, appear to have won: choice of law, as it is increasingly accepted, should be determined by the debtor's center of …

Electrochemical Techniques For Subsecond Neurotransmitter Detection In Live Rodents., Kevin N Hascup, Erin R Hascup

Articles

Alterations in neurotransmission have been implicated in numerous neurodegenerative and neuropsychiatric disorders, including Alzheimer disease, Parkinson disease, epilepsy, and schizophrenia. Unfortunately, few techniques support the measurement of real-time changes in neurotransmitter levels over multiple days, as is essential for ethologic and pharmacodynamic testing. Microdialysis is commonly used for these research paradigms, but its poor temporal and spatial resolution make this technique inadequate for measuring the rapid dynamics (milliseconds to seconds) of fast signaling neurotransmitters, such as glutamate and acetylcholine. Enzymatic microelectrode arrays (biosensors) coupled with electrochemical recording techniques have demonstrated fast temporal resolution (less than 1 s), excellent spatial resolution …

A Soft Condensed Matter Approach Towards Mathematical Modelling Of Mass Transport And Swelling In Food Grains, Michael Chapwanya, N. Misra

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Soft condensed matter (SCM) physics has recently gained importance for a large class of engineering materials. The treatment of food materials from a soft matter perspective, however, is only at the surface and is gaining importance for understanding the complex phenomena and structure of foods. In this work, we present a theoretical treatment of navy beans from a SCM perspective to describe the hydration kinetics. We solve the transport equations within a porous matrix and employ the Flory–Huggin’s equation for polymer–solvent mixture to balance the osmotic pressure. The swelling of the legume seed is modelled as a moving boundary with …

Back To The Basics Of Erie, Diane P. Wood

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No abstract provided.

Operation Arbitration: Privatizing Medical Malpractice Claims, Myriam E. Gilles

Articles

Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all "contract[s] evincing a transaction involving commerce, " including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness …

Health Websites: Accessibility And Usability For American Sign Language Users, Poorna Kushalnagar, Joan Naturale, Raylene Paludeviciene, Scott R. Smith, Emily Werfel, Richard Doolittle, Stephen Jacobs, James Decaro

Articles

To date, there have been efforts towards creating better health information access for Deaf American Sign Language (ASL) users. However, the usability of websites with access to health information in ASL has not been evaluated. Our paper focuses on the usability of four health websites that include ASL videos. We seek to obtain ASL users’ perspectives on the navigation of these ASL-accessible websites, finding the health information that they needed, and perceived ease of understanding ASL video content.

ASL users (N=32) were instructed to find specific information on four ASL-accessible websites, and answered questions related to: 1) navigation to find …

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Samuel Bagenstos, Gabriel Chin, Gilda Daniels, Nicholas Stephanopoulos

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No abstract provided.

Elections And Alignment, Nicholas Stephanopoulos

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No abstract provided.

The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein

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No abstract provided.

Ventures In Social Media, Lisa Burgert, Alejandra Nann, Lorelei Sterling

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Academic libraries are actively involved in social media platforms as part of their campus communities. They have moved past the debate of whether to participate in social media and are focusing on strategies to develop engaging content and assessment of their efforts. Social media use in the campus classroom continues to grow with more faculty using social media in academic context. Given the widespread adoption of social media on the University of San Diego campus Copley Library formed a Social Media Committee (SMC) to manage the library’s social media presence with a mission to promoting the library’s services and events. …

'Home Is Where The Heart Is' : Arrivals And Departures In John Mcgahern's Short Stories, Eamon Maher

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No abstract provided.

Incentives For Reporting Disease Outbreaks, Ramanan Laxminarayan, Julian Reif, Anup Malani

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Background: Countries face conflicting incentives to report infectious disease outbreaks. Reports of outbreaks can prompt other countries to impose trade and travel restrictions, which has the potential to discourage reporting. However, reports can also b

Does The Logic Of Collective Action Explain Federalism Doctrine?, Aziz Huq

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No abstract provided.

The Governance Of Visibility: Bodies, Information, And The Politics Of Anonymity Across The Us-Mexico Borderlands, Robert Latham

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This article explores the relationship between information and mobility as it is manifest at the Mexico-US border and understands that border to be one, although very important, site of information processing and production. Within the electronic as well as the physical spaces of the Mexico-US borderlands, it is argued that practices of evasion and exposure produce specific forms of politics. These forms bear on the militarization of the border, particular bourgeois anxieties, various instances of violence, the pursuit of survival strategies and recognition, and the emergence of resistance and countertactics. Also considered are possibilities for alternatives to the ways mobility …

Taking Stock: Insider And Outsider Trading By Congress, Jeanne L. Schroeder

Articles

Spring 2012 saw the enactment of the "Stop Trading on Congressional Knowledge Act of 2012" or "STOCK Act." It supposedly repealed an exemption from the federal securities laws that made insider trading by members of Congress "totally legal." As every securities lawyer knows, however, there never was such an exemption. Representatives and Senators have always been subject to the same rules as the rest of us. It is just that insider-trading law is so incoherent that legal scholars sharply disagreed as to when, or even if trading by government officials on the basis of material nonpublic information gleaned from their …

Identification Of Quantitative Trait Loci (Qtl) Underlying Protein, Oil, And Five Major Fatty Acids’ Contents In Soybean, M Akond, Shiming Liu, Melanie Boney, Stella K. Kantartzi, David A. Lightfoot, Nacer Bellaloui, Khalid Meksem, My Abdelmajid Kassem

Articles

Improved seed composition in soybean [Glycine max (L.) Merr.] for protein and oil quality is one of the major goals of soybean breeders. A group of genes that act as quantitative traits with their effects can alter protein, oil, palmitic, stearic, oleic, linoleic, and linolenic acids percentage in soybean seeds. The objective of this study was to identify Quantitative Trait Loci (QTL) controlling protein, oil, and fatty acids content in a set of F5:8 RILs de-rived from a cross between lines, ‘MD 96-5722’ and ‘Spencer’ using 5376 Single Nucleotide Polymorphism (SNP) markers from the Illumina Infinium SoySNP6K BeadChip array. QTL …

Complex Predicates And Light Verb Constructions In Modern Irish, Brian Nolan

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This paper characterises complex predicates and light verb constructions in Modern Irish. Light verbs are attested in many of the world’s languages (Alsina, Bresnan & Sells, 2001; Butt, 1995, 2003). Cross linguistically, there appears to be a common class of verbs involved in these constructions and generally there is agreement that light verbs contribute to the formation of complex predicates. Light verbs seem have a non-light or ‘heavy’ verb counterpart. In this paper we discuss the light verb constructions (LVC) as found in modern Irish and how they form complex predicates. We claim that the light verb (LV) encodes the …

Multi-Criteria Approach Using Simulation-Based Balanced Scorecard For Supporting Decisions In Health-Care Facilities: An Emergency Department Case Study, Waleed Abo-Hamad, Amr Arisha

Articles

Health research is a priority in every economy, and this research – set in the context of building a more sustainable and efficient health-care system – examines how operations management practices can be translated to clinical applications. Health-care systems in general (and emergency departments (EDs) in particular) around the world are facing enormous challenges in meeting the increasingly conflicting objectives of providing wide accessibility and delivering high-quality services efficiently and promptly. The framework proposed in this study integrates simulation modelling, the Balanced Scorecard, and multicriteria decision analysis with the aim of providing a decision support system for health-care managers. Using …

Identification Of Quantitative Trait Loci (Qtl) Underlying Protein, Oil, And Five Major Fatty Acids’ Contents In Soybean, Masum Akond, Shiming Liu, Melanie Boney, Stella K. Kantartzi, Khalid Meksem, Nacer Bellaloui, David A. Lightfoot, My Abdelmajid Kassem

Articles

Improved seed composition in soybean [Glycine max (L.) Merr.] for protein and oil quality is one of the major goals of soybean breeders. A group of genes that act as quantitative traits with their effects can alter protein, oil, palmitic, stearic, oleic, linoleic, and linolenic acids percentage in soybean seeds. The objective of this study was to identify Quantitative Trait Loci (QTL) controlling protein, oil, and fatty acids content in a set of F5:8 RILs de-rived from a cross between lines, ‘MD 96-5722’ and ‘Spencer’ using 5376 Single Nucleotide Polymorphism (SNP) markers from the Illumina Infinium SoySNP6K BeadChip array. …

Locative Histories: Exploring The Continued Influence Of Early Locative Media Art, Conor Mcgarrigle

Articles

This paper, which draws on aspects of my doctoral research, traces the influence of early Locative Media Art on the current form and application of location-aware technologies. The mechanisms and impulse for this influence are introduced and analyzed and it is proposed that they point to new approaches in the consideration of the agency of Locative Media art.

I return to the origins of Locative Media at the Karosta workshop and the ambitions of early practitioners to argue that the practice was based on a prescient analysis of the potential for ubiquitous networked location-awareness. From this analysis was developed an …

Creating A Culture Of Compliance: Why Departmentalization May Not Be The Answer, Michele M. Destefano

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Over the past few decades, as corporate criminal liability rules, sentencing guidelines, and settlement incentives have changed, therehas been increased emphasis on and resources devoted to thecompliance function at large publicly held companies. In this article, Professor DeStefano traces the development of the compliance function at large corporations and questions the recent mandate by certain governmental entities that malfeasant corporations designate a chief compliance officer and separate the compliance gatekeeping function from the legal department so that this chief compliance officer does not report to the general counsel. She categorizes the types of arguments made for and against departmentalization and …

Ambient Measurements Of Biological Aerosol Particles Near Killarney, Ireland: A Comparison Between Real-Time Fluorescence And Microscopy Techniques, D. A. Healy, J. A. Huffmann, David O'Connor, C. Pohlker, U. Poschil, J. R. Sodeau

Articles

Primary biological aerosol particles (PBAPs) can contribute significantly to the coarse particle burden in many environments. PBAPs can thus influence climate and precipitation systems as cloud nuclei and can spread disease to humans, animals, and plants. Measurement data and techniques for PBAPs in natural environments at high time- and size resolution are, however, sparse, and so large uncertainties remain in the role that biological particles play in the Earth system. In this study two commercial real-time fluorescence particle sensors and a Sporewatch single-stage particle impactor were operated continuously from 2 August to 2 September 2010 at a rural sampling location …

Reimagining Record Groups: A Case Study And Considerations For Record Group Revision, Matthew J. Gorzalski

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No abstract provided.

Beyond Textualism: Why Originalist Theory Must Apply General Principles Of Interpretation To Constitutional Law, Richard A. Epstein

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No abstract provided.

Commercial Religious Exercise: Translating Commercial Speech Doctrine To The Free Exercise Clause, Danieli Evans

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The Patient Protection and Affordable Care Act and implementing regulations require for-profit businesses with more than fifty employees to include contraceptive products in their health care coverage for employees. Throughout the country, privately held corporations and their owners challenged this requirement on the grounds that it violates the Religious Freedom Restoration Act (RFRA), which states that the government shall not “substantially burden” a religious practice unless the regulation is “the least restrictive means” of serving a “compelling governmental interest.” The employers argued that requiring them to include contraceptives in employees’ health coverage substantially burdened their religious opposition to using certain …

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

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No abstract provided.

Federalism, Treaty Implementation, And Political Process: Bond V United States, Curtis A. Bradley

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In Bond v. United States,¹ the U.S. Supreme Court disallowed the prosecution of a domestic poisoning case under legislation that implements the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.² In doing so, a majority of the Court declined to address constitutional issues concerning the relationship between the national government's treaty power and the U.S. federal system of government. Instead, the majority resolved the case by applying a presumption that federal statutes do not intrude on traditional areas of state authority, such as the prosecution of local crimes, …

After Recess: Historical Practice, Textual Ambiguity, And Constitutional Adverse Possession, Curtis A. Bradley, Neil S. Siegel

Articles

The Supreme Court’s decision last Term in NLRB v. Noel Canning contains an especially strong and sustained endorsement of the relevance of historical practice to discerning the Constitution’s distribution of authority between Congress and the President.¹ In interpreting the scope of the Recess Appointments Clause,² the Court gave significant attention to how governmental actors had understood and applied the Clause throughout history.The Court did so, moreover, as part of a self-conscious approach to constitutional interpretation.When construing“constitutional provisions regulating the relationship between Congress and the President,” the Court explained, “great weight” should be given to “‘[l]ong settled and established …

The Rhetoric Of War: Words, Conflict, And Categorization Post 9/11, Oren Gross, Fionnuala Ní Aoláin

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No abstract provided.

Guest Editor's Observations: Recurring Policy Issues Of Guidelines (And Non-Guidelines) Sentencing: Risk Assessments, Criminal History Enhancements, And The Enforcement Of Release Conditions, Richard Frase

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No abstract provided.