Digital Commons Network^™

Agora, Dignity, And Discrimination: On The Constitutional Shortcomings Of Conscience Laws That Promote Inequality In The Public Marketplace Symposium: Law And Religion In An Increasingly Polarized America, Ronald J. Krotoszynski Jr.

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No abstract provided.

Bankruptcy And Unbundling: Oil And Water, Gary E. Sullivan, Jessica M. Zorn

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No abstract provided.

Credit Reporting's Vicious Cycles, Luke Herrine

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This article argues that, despite being the least discriminatory form of underwriting in history, consumer credit reporting can reinforce and deepen systemic inequalities. Credit reports can create two sorts of vicious cycles, which can contribute to cycles of poverty and deepen race-based disenfranchisement. The first takes place in credit markets themselves. Even on a neoclassical model of credit reporting, and especially on a model that accounts for cognitive imperfections, credit reports can amplify past problems with debt, most of which can be traced to broader forces that shape economic inequality. The second cycle arises when credit reports are used in …

Anticompetitive Patent Injunctions, Erik Hovenkamp, Tom Cotter

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The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on the hardships an injunction might impose on the litigants and the public. This article demonstrates, however, that courts sometimes could rely instead on a consideration far more relevant to the patent system's goal of promoting innovation: the extent to which the right to exclude was actually a necessary quid pro quo for the plaintiff's decision to bring its products to market. We illustrate the value of this approach with a critique of a recent Federal Circuit decision, Trebro Mfg. Inc. v. FireFly …

Energy Partisanship, Hari M. Osofsky, Jacqueline Peel

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Whether the topic is the Paris Agreement on climate change, greenhouse gas emissions from power plants, the Keystone XL pipeline, hydraulic fracturing, offshore drilling, or renewable energy, much of the U.S. policy dialogue about energy and climate change is deeply partisan. Republicans and Democrats debate individual issues in vitriolic sound bites that indicate minimal common ground. For example, officials favoring robust action on climate change are charged with engaging in a “War on Coal.” Those opposed are labeled “members of the Flat Earth Society.” Set against these dysfunctional climate and energy politics, how can progress be made? For people who …

Regional Energy Governance And U.S. Carbon Emissions, Hari Osofsky, Hannah Jacobs Wiseman

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The U.S. Environmental Protection Agency’s final rule that limits carbon dioxide emissions from existing power plants — the Clean Power Plan — is an environmental regulation that powerfully influences energy law and forms a key part of the U.S. plan to meet its voluntary international commitments under the December 2015 Paris Agreement on climate change. Even if portions of the Plan are ultimately struck down, almost any viable pathway to lower carbon emissions will require greater integration of these two areas of law to address the large percentage of U.S. emissions from the energy sector. This integration produces both challenges …

Friending The Privacy Regulators, William Mcgeveran

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According to conventional wisdom, data privacy regulators in the European Union are unreasonably demanding, while their American counterparts are laughably lax. Many observers further assume that any privacy enforcement without monetary fines or other punishment is an ineffective “slap on the wrist.” This Article demonstrates that both of these assumptions are wrong. It uses the simultaneous 2011 investigation of Facebook’s privacy practices by regulators in the United States and Ireland as a case study. These two agencies reached broadly similar conclusions, and neither imposed a traditional penalty. Instead, they utilized “responsive regulation,” where the government emphasizes less adversarial techniques and …

The Running Performance And Estimated Energy Cost Of Hurling Specific Small-Sided Games, Shane Malone, Kieran Collins, Dominic Doran

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The current study examined the extent to which pitch dimensions can influence the physical and estimated energetic demands of hurling small-sided games. Training data (n = 990) were collected from 24 (age 25.5 ± 3.2 years; height 178.9 ± 3.2 cm; body mass 78.5 ± 4.5 kg) hurling players using 4-Hz global positioning system technology (VX Sport, Lower Hutt, New Zealand). Total distance (m), high-speed running distance (m; ≥ 17 km/h), very high-speed running distance (m; ≥ 22 km/h), total accelerations (n), acceleration distance (m), peak and mean velocity (km/h) were considered. In addition changes in velocity …

No Home For Justice: How Eviction Perpetuates Health Inequity Among Low-Income And Minority Tenants, Allyson E. Gold

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No abstract provided.

Better Than Bankruptcy?, Andrew B. Dawson

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According to many in the bankruptcy field, small business debtors are increasingly turning to state debtor-creditors laws as an alternative to federal bankruptcy relief. One particularly popular state law is the assignment for the benefit of creditors. The conventional wisdom is that these procedures provide a state law alternative to liquidate a business.

This article reports the results of an original empirical study that challenges this conventional wisdom. Gathering data from every assignment for the benefit of creditors in a major metropolitan area over a three-year period, this study shows that debtors and their secured creditors are using these procedures …

Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington

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No abstract provided.

Cultural Evolution Or Revolution? The Millennial's Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz, Katie M. Lachter, Gabriella Morello

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No abstract provided.

Cuba Conundrum: Corporate Governance And Compliance Challenges For U.S. Publicly-Traded Companies, Marcia Narine

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No abstract provided.

Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave

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This Article looks critically at the procedural protections American universities give students accused of sexual assault. It begins by situating these policies historically, providing background to Title IX and the different guidelines promulgated by the Department of Education. Next, it presents original research on the procedural protections provided by the fifty flagship state universities. In October 2014, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof right to an adjudicatory hearing, right to confront and cross examine witnesses, right to counsel, right to silence, and right to appeal. …

Investigating Alaskan Methane And Carbon Dioxide Fluxes Using Measurements From The Carve Tower, Anna Karion, Colm Sweeney Colm Sweeney, John B. Miller John B. Miller, Arlyn E. Andrews, Roisin Commane, Steven Dinardo, John M. Henderson, Jacob Lindaas, John C. Lin, Kristina Luus, Tim Newberger, Pieter Tans Pieter Tans, Steven C. Wofsy, Sonja Wolter, Charles E. Miller

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Northern high-latitude carbon sources and sinks, including those resulting from degrading permafrost, are thought to be sensitive to the rapidly warming climate. Because the near-surface atmosphere integrates surface fluxes over large ( ∼ 500–1000 km) scales, atmospheric monitoring of carbon dioxide (CO2) and methane (CH4) mole fractions in the daytime mixed layer is a promising method for detecting change in the carbon cycle throughout boreal Alaska. Here we use CO2 and CH4 measurements from a NOAA tower 17 km north of Fairbanks, AK, established as part of NASA's Carbon in Arctic Reservoirs Vulnerability Experiment (CARVE), to investigate regional fluxes of …

Parallel Profiles Of Inflammatory And Effector Memory T Cells In Visceral Fat And Liver Of Obesity-Associated Cancer Patients, Melissa Conroy, Karen Galvin, Suzanne Doyle, Maria Kavanagh, Ann-Marie Mongan, Aoife Cannon, Gillian Moore, John Reynolds, Joanne Lysaght

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In the midst of a worsening obesity epidemic, the incidence of obesity-associated morbidities, including cancer, diabetes, cardiac and liver disease is increasing. Insights into mechanisms underlying pathological obesity-associated inflammation are lacking. Both the omentum, the principal component of visceral fat, and liver of obese individuals are sites of excessive inflammation, but to date the T cell profiles of both compartments have not been assessed or compared in a patient cohort with obesity-associated disease. We have previously identified that omentum is enriched with inflammatory cytokines, chemokines and T cells. Here, we compared the inflammatory profile of T cells in the omentum …

All The World's A Page: Towards A Definition Of 'Writer' In An Age Of Opportunity, Sue Norton

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This article considers the status of the writer at a time when publication is no longer elusive, given the immediacy of online dissemination. For those who identify as writers, it looks at the implications of blogging, social media, entrepreneurial self-publishing, and scholarly open access journals, including so-called ‘predatory’ ones. It argues for a distinction between day-to-day writing and composition, and seeks to establish a category for the writer that takes account of deliberation, craft, and readership. It juxtaposes the creative activity of Jack Kerouac, Virginia Woolf, Truman Capote, and Mother Goose against the linguist John McWhorter’s convincing dismissal of the …

The Challenges Of Leading Change In Health-Care Delivery From The Frontline, Vivienne Byers

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Aim: The public sector is facing turbulent times and this challenges nurses, who are expected to serve both patient interests and the efficiency drives of their organisations. In the context of implementing person-centred health policy, this paper explores the evolving role of front-line nurses as leaders and champions of change.

Background: Nurses can be seen to have some autonomy in health-care delivery. However, they are subject to systems of social control. In implementing person- centred policy, nurses can be seen to be doing the best they can within a constrained environment.

Method: A survey of nursing practice in person-centred health-policy …

Geographies Of Inequality: Urban Renewal And The Race, Gender, And Class Of Post-Katrina New Orleans, Shiloh L. Deitz, Kristen M. Barber

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In this paper, we address pressing questions on the perpetuation of race, gender, and class inequalities in ongoing restoration practices shaping the "New" New Orleans. We unpack federal and local efforts to rebuild and revitalize the city over the last ten years and map the geography of New Orleans at the neighborhood level both before and after the storm. We discuss how mismanaged resources, corrupt profit-taking, conflicts of interest for the stakeholders, and socially unconscious design conditioned a fiscally irresponsible and non-inclusive recovery. These efforts have pushed out already marginalized populations, resulted in the gentrification of historically African American neighborhoods, …

Maths In Prison, Catherine Byrne, Michael Carr

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I teach maths to all levels in an adult male remand prison in Ireland and am also studying for a PhD in maths in prison education in Technological University Dublin (DIT). This paper describes recent initiatives piloted by maths teachers and school management to increase attendance, engagement and certification in maths. It assesses the effects of the initiatives and looks at future potential in this setting and in others. To set the paper in context, I begin by describing a typical day as a prison maths teacher.

Catholic Guilt : Longing And Belonging In The Fiction Of François Mauriac And John Mcgahern, Eamon Maher

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No abstract provided.

On Hearsay, Richard A. Posner

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No abstract provided.

Toward A Pigouvian State, Jonathan Masur, Eric A. Posner

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No abstract provided.

Raman Spectroscopic Analysis Of Oral Squamous Cell Carcinoma And Oral Dysplasia In The High-Wavenumber Region, Hugh Byrne, Luis Felipe Carvalho, Fiona Lyng, Franck Bonnier

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Raman spectroscopy can provide a molecular-level signature of the biochemical composition and structure of cells with excellent spatial resolution and could be useful to monitor changes in composition for early stage and non-invasive cancer diagnosis, both ex-vivo and in vivo. In particular, the fingerprint spectral region (400–1,800 cm^-1) has been shown to be very promising for optical biopsy purposes. However, limitations to discrimination of dysplastic and inflammatory processes based on the fingerprint region still persist. In addition, the Raman spectral signal of dysplastic cells is one important source of misdiagnosis of normal versus pathological tissues. The high wavenumber …

Surface Modification Of Pen Treated With Ozone And Uv Photooxidation, Entesar Al Abdulal, Alla Bailey, Michael Mehan, Surendra K. Gupta, Xinyun Li, Marc Toro, Gerald A. Takacs

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Poly(ethylene 2,6-naphthalate) (PEN) was treated with ozone in the absence of radiation and the results were compared with ultraviolet (UV) photooxidation using 253·7 and 184·9 nm radiations. The surface modification of the top 2–5 nm was analyzed by X-ray photoelectron spectroscopy (XPS) for chemical changes. Higher saturation levels of oxidation were achieved using UV photooxidation than ozonation. Both treatment methods increased the amounts of C–O–C, C=O and O–C=O bondings while UV photooxidation also increased the concentration of the anhydride/carbonate moieties on the surface. Atomic force microscopy detected smoother surfaces with increasing treatment time for both the treatments. The changes in …

Improving The Electromechanical Performance Of Dialectric Elastomers Using Silicone Rubber And Dopamine Coated Barium Titanate., Liang Jiang, Tony Betts, David Kennedy, Stephen Jerrams

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In this work, a new soft dielectric elastomer (DE) was fabricated from dopamine coated barium titanate particles and silicone rubber (SR). The results show that the dopamine, in addition to coating the barium titanate (BaTiO3, BT), the coated particles (DP-BT) were highly compatible with SR. In order to achieve a maximum voltage-induced deformation, the minimum secant moduli of DEs were obtained in experimentation at a stretch ratio of approximately 1.6 by applying equi-biaxial tensile strain using the bubble inflation method. Additionally, it was found that the addition of DP-BT into SR led to an increased dielectric constant and decreased dielectric …

Does The Constitution Mean What It Says?, David A. Strauss

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No abstract provided.

The New Stock Market: Sense And Nonsense, Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg

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How stocks are traded in the United States has been totally transformed. Gone are the dealers on NASDAQ and the specialists at the NYSE. Instead, a company’s stock can now be traded on up to sixty competing venues where a computer matches incoming orders. High-frequency traders (HFTs) post the majority of quotes and are the preponderant source of liquidity in the new market. Many practices associated with the new stock market are highly controversial, as illustrated by the public furor following the publication of Michael Lewis’s book Flash Boys. Critics say that HFTs use their speed in discovering changes in …

Conventional Wisdom In The Writing Classroom: A Short Defence Of Grammar Instruction, Sue Norton

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This article considers whether instructors of writing in higher education ought prescriptively to involve students in the mechanics of standard written English or, rather, encourage them to prioritise ideas and content. Recognizing the reluctance of many practitioners to distract learner-writers with rules, and thereby alienate them from their creativity, it nevertheless recommends judicious delivery of lessons in conventional grammar, syntax, and punctuation. Taking standard written English as a variant that continues to hold sway in general, academic, and professional readerships, the article concludes with a selection of language components relevant to undergraduate writing and commonly addressed by readily available resource …

Incorporating Hydrologic Data And Ecohydrologic Relationships Into Ecological Site Descriptions, Christopher Jason Williams, Frederick B. Pierson, Kenneth E. Spaeth, Joel R. Brown, Osama Z. Al-Hamdan, Mark A. Weltz, Mark A. Nearing, Jeffrey E. Herrick, Jan Boll, Peter R. Robichaud, David C. Goodrich, Phillip Heilman, D. Phillip Guertin, Mariano Hernandez, Haiyan Wei, Stuart P. Hardegree, Eva K. Strand, Jonathan D. Bates, Loretta J. Metz, Mary H. Nichols

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The purpose of this paper is to recommend a framework and methodology for incorporating hydrologic data and ecohydrologic relationships in Ecological Site Descriptions (ESDs) and thereby enhance the utility of ESDs for assessing rangelands and guiding resilience-based management strategies. Resilience-based strategies assess and manage ecological state dynamics that affect state vulnerability and, therefore, provide opportunities to adapt management. Many rangelands are spatially heterogeneous or sparsely vegetated where the vegetation structure strongly influences infiltration and soil retention. Infiltration and soil retention further influence soil water recharge, nutrient availability, and overall plant productivity. These key ecohydrologic relationships govern the ecologic resilience of …