Digital Commons Network^™

Judicial Opinions And Appellate Advocacy In Federal Courts - One Judge's Views, Richard A. Posner

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No abstract provided.

Judicial Review And The Law Of Nature, Richard H. Helmholz

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No abstract provided.

Precontractual Disclosure Duties Under The Common European Sales Law, Douglas G. Baird

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No abstract provided.

The Dynamics Of Contract Evolution, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati

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Contract scholarship has given little attention to the production process for contracts. The usual assumption is that the parties will construct the contract ex nihilo, choosing all the terms so that they will maximize the surplus from the contract. In fact, parties draft most contracts by slightly modifying the terms of contracts that they have used in the past, or that other parties have used in related transactions. A small literature on boilerplate recognizes this phenomenon, but little empirical work examines the process. This Article provides an empirical analysis by drawing on a dataset of sovereign bonds. We show that …

Regional Integration Of Renewable Energy Systems In Ireland: The Role Of Hybrid Energy Systems For Small Communities, Craig Goodbody, Eileen Walsh, Kevin Mcdonnell, Philip Owende

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Due to a lack of indigenous fossil energy resources, Ireland’s energy supply constantly teeters on the brink of political, geopolitical, and geographical unease. The potential risk to the security of the energy supply combined with the contribution of anthropogenic greenhouse gas emissions to climate change gives a clear indication of Ireland's need to reduce dependency on imported fossil fuels as primary energy source. A feasibility analysis to investigate the available renewable energy options was conducted using HOMER software. The Net Present Cost, the Cost of Energy, and the CO2 emissions of each potential energy combination were considered in determining the …

Preserving Wealth And Inheritance Through Medicaid Planning For Long-Term Care, John A. Miller

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No abstract provided.

New Priorities As The Endangered Species Act Turns 40, Dale Goble

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No abstract provided.

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

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No abstract provided.

"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri

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No abstract provided.

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

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In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …

Congressional Government Rebooted: Randomized Committee Assignments & Legislative Capacity, Brian D. Feinstein

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No abstract provided.

Removal As A Political Question, Aziz Huq

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When should courts be responsible for designing federal administrative agencies? In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court invalidated one specific mechanism that Congress employs to insulate agencies from presidential control. Lower federal courts have discerned wider implications in the decision's linkage of presidential power to remove agency officials with democratic accountability. Applied robustly, the Free Enterprise Fund principle casts doubt on many agencies' organic statutes. As the judiciary starts exploring those implications, this Article evaluates the effects of judicial intervention in administrative agency design in light of recent political science work on bureaucratic behavior, …

Teaching Law Students, Judges, And The Community: Rational Sentencing Policies, Robert Levy

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I devoted a great deal of my teaching energy during the last ten years of my tenure at the University of Minnesota Law School to a course I called the Sentencing Workshop. The Workshop provided a unique opportunity for law students and judges to learn from each other about the intricacies, the successes and failures of the American criminal justice sentencing structure and practice. I will describe it in three phases: initially, to give some context, I will report a dramatic Workshop discussion which occurred the fth or sixth year the course was o ered. A short summary of the …

Unpacking The Force Of Law, Kristin Hickman

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Erie's Four Functions: Reframing Choice Of Law In Federal Courts, Allan Erbsen

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This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justifications, and content. The Article shows that “Erie” is a misleading label encompassing four distinct components. Jumbling these components under a single heading obscures their individual nuances. Analyzing each component separately helps to clarify questions and values that should animate judicial analysis. The Article thus reconceptualizes the Erie doctrine, offers a more precise account of how Erie operates, and provides a framework for rethinking several foundational aspects of Erie jurisprudence. 2013 marks Erie’s seventy-fifth anniversary. The years have not been kind to Erie and its progeny. Decades …

Erie's Starting Points: The Potential Role Of Default Rules In Structuring Choice Of Law Analysis, Allan Erbsen

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This contribution to a symposium marking the seventy-fifth anniversary of Erie Railroad Company v. Tompkins is part of a larger project in which I seek to demystify a decision that has enchanted, entangled, and enervated commentators for decades. In prior work I contended that the “Erie doctrine” is a misleading label encompassing four distinct inquiries that address the creation, interpretation, and prioritization of federal law and the adoption of state law when federal law is inapplicable. This article builds from that premise to argue that courts pursuing Erie’s four inquiries would benefit from default rules that establish initial assumptions and …

Neuroscience, Mental Privacy, And The Law, Francis X. Shen

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Will brain science be used by the government to access the most private of spaces — our minds — against our wills? Such scientific tools would have tremendous privacy implications if the government suddenly used brain science to more effectively read minds during police interrogations, criminal trials, and even routine traffic stops. Pundits and scholars alike have thus explored the constitutional protections that citizens, defendants, and witnesses would require to be safe from such mind searching. Future-oriented thinking about where brain science may lead us can make for great entertainment and can also be useful for forward-thinking policy development. But …

A Highly Efficient Tio2-Xcx Nano-Heterojunction Photocatalyst For Visible-Light Induced Antibacterial Applications, Vinodkumar Etacheri, Michael Seery, Stephen Hinder, Georg Michlits, Suresh Pillai

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Visible-light-induced antibacterial activity of carbon-doped anatase-brookite titania nano-heterojunction photocatalysts are reported for the first time. These heterostructures were prepared using a novel low temperature (100 °C) non-hydrothermal low power microwave (300 W) assisted method. Formation of interband C 2p states was found to be responsible for the band gap narrowing of the carbon doped heterojunctions. The most active photocatalyst obtained after 60 minutes of microwave irradiation exhibits a 2-fold higher visible-light induced photocatalytic activity in contrast to the standard commercial photocatalyst Evonik-Degussa P-25. Staphylococcus aureus inactivation rate constant for carbon-doped nano-heterojunctions and the standard photocatalyst was 0.0023 and -0.0081 min …

Extreme Wave Events In Ireland: 14 680 Bp–2012, Laura Cooke, John M. Dudley, Frédéric Dias

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The island of Ireland is battered by waves from all sides, most ferociously on the west coast as the first port of call for waves travelling across the Atlantic Ocean. However, when discussing ocean events relevant to the nation of Ire- land, one must actually consider its significantly larger designated continental shelf, which is one of the largest seabed territories in Europe. With this expanded definition, it is not surprising that Ireland has been subject to many oceanic events which could be designated as “extreme”; in this paper we present what we believe to be the first catalogue of such …

Using Modelling And Simulation To Improve Elderly Care In Ireland: A Case Study, Mohamed Ragab, Wael Rashwan, Waleed Abo-Hamad, Amr Arisha

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Health care services both globally and domestically - are encountering critical issues due to the increasing demand for services at the time of economic recession. Hospital performance is subject to many constraints, and planning is made more difficult by the complexity and uncertainty of demand. Population ageing is creating immense pressures on healthcare facilities across the world, leaving them struggling to cope with the growing demand for elderly healthcare services. Current demand-supply gaps result in prolonged waiting times for patients and substantial cost burdens for healthcare systems due to delayed discharges. This paper reports on a project that uses modelling …

Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri

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No abstract provided.

Loss Of Mef2d Expression Inhibits Differentiation And Contributes To Oncogenesis In Rhabdomyosarcoma Cells., Meiling Zhang, Jamie Truscott, Judith Davie

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BACKGROUND: Rhabdomyosarcoma (RMS) is a highly malignant pediatric cancer that is the most common form of soft tissue tumors in children. RMS cells have many features of skeletal muscle cells, yet do not differentiate. Thus, our studies have focused on the defects present in these cells that block myogenesis.

METHODS: Protein and RNA analysis identified the loss of MEF2D in RMS cells. MEF2D was expressed in RD and RH30 cells by transient transfection and selection of stable cell lines, respectively, to demonstrate the rescue of muscle differentiation observed. A combination of techniques such as proliferation assays, scratch assays and soft …

Additional Quantitative Trait Loci And Candidate Genes For Seed Isoflavone Content In Soybean, M Akond, Bazelle Richard, Bobby Ragin, Harmin Herrera, Umerah Kaodi, Cevdet Akbay, Stella K. Kantartzi, Victor Njiti, Abdelali Barakat, Khalid Meksem, David A. Lightfoot, My Abdelmajid Kassem

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Seed isoflavone content of soybean (Glycine max L. Merr.) is a trait of moderate heritablity and an ideal target for marker selection. To date over 20 QTL have been identified underlying this trait among seven populations. The objectives of this study were to identify additional QTL and candidate genes controlling isoflavone content in a set of recombinant inbred line (RIL) populations of soybean grown in two different seasons. Variations of isoflavones namely daidzein, glycitein and genistein contents over two growing seasons and locations suggests that isoflavones are influenced by both genes and environments. Six QTL were identified on five …

Raman Micro Spectroscopy Study Of The Interaction Of Vincristine With A549 Cells Supported By Expression Analysis Of Bcl-2 Protein, Haq Nawaz, Amaya Garcia, Aidan Meade, Fiona Lyng, Hugh Byrne

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Understanding the interaction of anticancer drugs with model cell lines is important to elucidate the mode of action of these drugs as well as to develop cost effective and rapid screening methods. Raman spectroscopy has been demonstrated to be a valuable technique for high throughput, noninvasive analysis. The interaction of vincristine with a human lung adenocarcinoma cell line (A549)was investigated using Raman micro spectroscopy. The results were correlated with parallel measurements from the MTT cytotoxicity assay, which yielded an IC₅₀ value of 0.10 ± 0.03 μM. The Raman spectral data acquired from vincristine treated A549 cells was analysed to …

Contemporary Issues In Critical Race Theory: The Implications Of Race As Character Evidence In Recent High-Profile Cases Challenging Authority: A Symposium Honoring Derrick Bell, Montre D. Carodine

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No abstract provided.

Secularism In The Indian Context, Deepa Das Acevedo

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On The Predictive Analytics Of The Probit And Logit Link Functions, Necla Gunduz, Ernest Fokoue

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Researchers and practitioners have long held that the probit and logit link functions generally yield the same performance in binary classification. Despite this widespread recognition of the strong similarities between these two link functions, very few (if any) researchers have dedicated time to carry out a formal study aimed at establishing and characterizing firmly all the aspects of the similarities and differences. This paper proposes a definition of both structural and predictive equivalence link functions-based binary regression models, and provides both a theoretical and computational justification of the long held claim that probit and logit are indeed very similar. From …

Mathematical Modelling At Secondary School: The Macsi-Clongowes Wood College Experience, J.P.F. Charpin, S. O'Hara, Dana Mackey

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In Ireland, to encourage the study of STEM (science, technology, engineering and mathematics) subjects and particularly mathematics, the Mathematics Applications Consortium for Science and Industry (MACSI) and Clongowes Wood College (County Kildare, Ireland) organized a mathematical modelling workshop for senior cycle secondary school students. Participants developed simple mathematical models for everyday life problems with an open-ended answer. The format and content of the workshop are described and feedback from both students and participating teachers is provided. For nearly all participants, this workshop was an enjoyable experience which showed mathematics and other STEM components in a very positive way.

Simulation-Based Framework To Improve Patient Experience In An Emergency Department, Waleed Abo-Hamad, Amr Arisha

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The global economic crisis has a significant impact on healthcare resource provision worldwide. The management of limited healthcare resources is further challenged by the high level of uncertainty in demand, which can lead to unbalanced utilisation of the available resources and a potential deterioration of patient satisfaction in terms of longer waiting times and perceived reduced quality of services. Therefore, healthcare managers require timely and accurate tools to optimise resource utility in a complex and ever-changing patient care process. An interactive simulation-based decision support framework is presented in this paper for healthcare process improvement. Complexity and different levels of variability …

Optimization Of Fermentation Conditions For The Utilization Of Brewing Waste To Develop A Nutraceutical Rich Liquid Product, Shilpi Gupta, Amit Jaiswal, Nissreen Abu-Ghannam

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Utilization of brewers’ spent grain (BSG), for the development of a fermented liquid product rich in value-added phenolic compounds was investigated. Changes in and liberation of phenolic compounds and antioxidant activity during fermentation of BSG was studied. The effect of various particle size (PS), solid liquid (SL) ratio, fermentation time and rotation speed was optimized using response surface methodology (RSM) for the purpose of improving bacterial growth and the enhancement in the release of polyphenolic compounds. Contour maps generated using the response surface equation showed that the experimental variables significantly affected the response. A production of 10.4 log cfu/ml, 2.95 …