Digital Commons Network^™

A Critical Take On Group Regulation Of Insurers In The United States, Daniel Schwarcz

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U.S. insurance regulation focuses predominantly on individual insurance entities, rather than on groups of commonly owned and managed companies. Yet the bailout of AIG and emerging international norms increasingly suggest that effective insurance regulation must operate on both a legal-entity and a group-wide basis. For this reason, state insurance regulators have in recent years focused renewed attention on group insurance regulation. These efforts have produced a “windows and walls” framework for group regulation that attempts to insulate individual insurance companies from potential financial risks associated with their parents and affiliates (“walls”), while simultaneously allowing regulators to remain attuned to these …

The Special Value Of Public Employee Speech, Heidi Kitrosser

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In this article, I use the 2014 decision of Lane v. Franks as a jumping off point to revisit the rule of Garcetti v. Ceballos, that speech conducted pursuant to one’s public employment is unprotected by the First Amendment. I explain that Garcetti is emblematic of the Supreme Court’s failure to dig beneath the surface of its own long-standing acknowledgment that public employee speech holds special value. If one tunnels into that subterrane, one finds that the value of public employee speech is a function not just of content, but of form. Public employees play a special role under the …

Reconciling Intellectual And Personal Property, Aaron Perzanowski, Jason Schultz

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This Article examines both the forces undermining copy ownership and the important functions it serves within the copyright system in order to construct a workable notion of consumer property rights in digital media.

Part I begins by examining the relationship between intellectual and personal property. Sometimes courts have treated those rights as inseparable, as if transfer of a copy entails transfer of the intangible right, or retention of the copyright entails ongoing control over particular copies. But Congress and most courts have recognized personal and intellectual property as interests that can be transferred separately. Although the better view, this approach …

Disambiguating Company Names In Microblog Text Using Clustering For Online Reputation Management, Fernando Perez-Tellez, John Cardiff, Paolo Rosso, David Pinto

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Twitter is used by millions of users to publish brief messages (tweets) with the purpose of sharing experiences and/or opinions about a product or service. There is a clear need for systems that can mine these messages in order to derive information about the collective thinking of twitterers (e.g. for opinion or sentiment analysis). Tweet analysis is a very important task because comments, opinions, suggestions, complaints etc. can be used for marketing strategies or for determining information on a company’s reputation. For this purpose, it is necessary to automatically establish whether a tweet refers to a company or not, when …

Commentary: Exploiting Mixed Speech, Caroline Mala Corbin

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The Supreme Court has been taking advantage of mixed speech—that is, speech that is both private and governmental—to characterize challenged speech in a way that ultimately permits the government to sponsor Christian speech. In Pleasant Grove City v. Summum, a free speech case where the government accepted a Christian Ten Commandments monument but rejected a Summum Seven Aphorisms monument, the Court held that privately donated monuments displayed in public parks were government speech as opposed to private speech and therefore not subject to free speech limits on viewpoint discrimination. In Town of Greece v. Galloway, an establishment case …

Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin

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No abstract provided.

Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin

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Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides …

From Anonymity To Identification, A. Michael Froomkin

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This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational …

Dark Money In Motion: Mapping Issues Along The Money Trail, Frances R. Hill

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No abstract provided.

Identity And Narrative: Turning Oppression Into Client Empowerment In Social Security Disability Cases, Jonel Newman

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No abstract provided.

The Case For Categorical Nonenforcement, Leigh Osofsky

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No abstract provided.

Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes

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No abstract provided.

A Response To The Ipcc Fifth Assessment, Jessica Owley, Sarah J. Adams-Schoen, Deepa Badrinarayana,, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs

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No abstract provided.

Initial Reflections On An Interdisciplinary Approach To Rule Of Law Studies, Joel H. Samuels

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In this essay, we attempt to lay the initial groundwork for a clearer understanding of rule of law both as a concept and as a distinct field. We respond to the assertions that the rule of law field is non-existent or incoherent, and assert that a field of rule of law is not impossible to ascertain. First, we survey how rule of law - as both a term and a state of political being - is understood by practitioners and scholars, as well as how scholars reconcile the lack of a clear, widely universal understanding of the concept of rule …

A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi

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As technology undermines the economic model supporting the traditional press, news organizations are succumbing to the siren call of "native advertising" – a new marketing technique for unobtrusively integrating paid advertising into editorial content. Brands are increasingly turning to native ads to preempt consumers' well-documented ad avoidance. Although the native advertising model debuted on digital-native news sites, it is now ubiquitous in elite legacy media as well. Everyone knew "native" had arrived for good when the venerable New York Times not only introduced its online "Paid Post," but incorporated sponsored content in its print editions, and even hired an in-house …

Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi

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No abstract provided.

Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt

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No abstract provided.

Why Instrumentalism Matters, Kyron J. Huigens

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Alon Harel argues that the acts of a public official acting with "fidelity of deference," are "necessary," "non-contingent," "intrinsic," "constitutive," integrative," "expressive," or "inherent" features of legal punishment. Accordingly, he calls his argument "noninstrumental." This can be taken as an argument for logical necessity, definition, extension, or modest or immodest conceptual necessity. Only the last interpretation fits Harel's text, but such an argument fails because instrumentality is necessarily present in any event in the natural world, including punishment. Harel does not say which aspects of natural instrumentality he means to exclude from his argument, or how, or why.

Contactless Measurement Of Angular Velocity Using Circularly Polarized Antennas, Vit Sipal, Adam Narbudowicz, Max Ammann

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An innovative method to measure the angular velocity using circularly polarized antennas is proposed. Due to the properties of circular polarization, the angular velocity is frequency modulated (FM) on a wireless carrier. This enables a low-cost precise continuous measurement of angular velocity using a standard FM demodulator. The hardware can be easily adapted for both high and low angular velocity values. The precise alignment angle between the antennas can be determined if the initial antenna orientation is known. The angular error is shown to be

Developing A New Urban Quarter At Grangegorman, Dublin: The Role Of Planning In Its Successful Delivery, Terry Prendergast

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This paper discussed the role of urban planning in achieving successful urban regeneration. It focuses on a specific regeneration project in Dublin’s inner city, the Grangegorman development, which relocates, on a phased basis, the Technological University Dublin’s c.40 buildings on dispersed sites within Dublin City to a single 29 hectare site. The development also provides health facilities for the Health Service Executive, in addition to community and recreational uses and commercial development. Urban planning has played a critical role in the delivery of the project and in securing Government support and funding. This paper describes the importance of project vision, …

Impact Of Hub Location On The Performance Of Wireless Body Area Networks For Fitness Applications, Vit Sipal, Domenico Gaetano, Patrick Mcevoy, Max Ammann

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This letter compares the propagation properties of Wireless Body Area Networks for three different locations (head, foot and waist) of the hub/internet gateway on the human body. The wireless channels between the hubs and four nodes (chest, back, and upper arms) are measured on a female and a male subject performing push-ups and squats. A framework using spider plots is used for cumulative performance description. The results show that the best overall performance is for hub located on the left temple and the worst overall performance is achieved for a hub on the waist. These results are expected to stimulate …

Process Simulation Of Biomass Gasification Integrated With A Solid Oxide Fuel Cell Stack, Wayne Doherty, Anthony Reynolds, David Kennedy

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Biomass gasification-solid oxide fuel cell (BG-SOFC) combined heat and power (CHP) systems are of major interest in the context of climate change mitigation, energy security and increasing energy efficiency. Aspen Plus is employed to simulate various BG-SOFC CHP systems. The aim of the research work is to investigate the technical feasibility of these systems and to study the influence of important operating parameters and examine integration options. Systems based on dual fluidised bed steam gasification and tubular SOFC technologies are modelled. The cathode recycle and electric heater integration options are not attractive in comparison to the base case anode recycle …

Jack Weinstein And The Missing Pieces Of The Hearsay Puzzle, Richard D. Friedman

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For the first three quarters of the twentieth century, the Wigmore treatise was the dominant force in organizing, setting out, and explaining the American law of evidence. Since then, the first two of those roles have been taken over in large part by the Federal Rules of Evidence (Rules). And the third has been performed most notably by the Weinstein treatise. Judge Jack Weinstein was present at the creation of the Rules and before. Though he first made his name in Civil Procedure, while still a young man he joined two of the stalwarts of evidence law, Edmund Morgan and …

Raman Microspectroscopy For The Early Detection Of Pre-Malignant Changes In Cervical Tissue, Nosheen Rashid, Haq Nawaz, Kelvin W. Poon, Franck Bonnier, Salih Bakhiet, Cara Martin, John O'Leary, Hugh Byrne, Fiona Lyng

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Cervical cancer is the third most common cancer affecting women worldwide. The mortality associated with cervical cancer can, however, be significantly reduced if the disease is detected at the pre-malignant stage. The aim of this study was to evaluate the potential of Raman microspectroscopy for elucidation of the biochemical changes associated with the pre-malignant stages of cervical cancer. Formalin fixed paraffin preserved tissue sections from cervical biopsies classified as negative for intraepithelial lesion and malignancy (NILM), low grade squamous intraepithelial lesion (LSIL) or high grade squamous intraepithelial lesion (HSIL) were analysed by Raman spectral mapping. Raman mapping, with K-Means Cluster …

Printed Triple-Band Circularly Polarised Antenna For Wireless Systems, Xiulong Bao, Max Ammann

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A triple-band circularly polarised microstrip patch antenna operating in the 2.4, 3.5 and 5.7 GHz bands is presented. The antenna consists of two substrate layers with an electromagnetically coupled low-band patch in the middle layer and a probe-fed dual-band patch on the top layer. The impedance bandwidths (voltage standing wave ratio (VSWR) < 2.5) for the three frequency bands are 112, 118 and 427 MHz with 3 dB axial-ratio bandwidths of 15, 44 and 36 MHz, respectively. The peak gains across the operating bands are 4.2, 5.5 and 4 dBic, respectively.

Is Federalization Of Charity Law All Bad? What States Can Learn From The Internal Revenue Code, Melanie B. Leslie

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No abstract provided.

Can The Use Of Online Learning And Reflective Journals Improve Students’ Performance And Engage Them In Independent Learning For A Practically Taught “Timber Jointing Module, Jennifer Byrne

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The Technological University Dublin is one of the largest multi-level higher education providers in Ireland. The Institute’s traditional mission has always been focused on teaching and learning in the field of advanced technical vocational education and training (TVET), and one of its agendas is to foster and encourage changes in teaching practice and methodology in order to enhance the student learning experience.

This research concerned the performance levels of first year students of the Timber Product Technology (TPT) programme. I wanted to investigate whether the use of independent online learning and reflective journals would encourage these students to continue their …

Expanding The Role Of Homework Assignments, Henry Etlinger

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Homework offers instructors opportunities to help student develop soft skills. With a little bit of work, we can expand on traditional uses for homework to include opportunities for students to reflect on exams or to evaluate both their own contributions as well as those of other team members on group projects.

Nurturing Play-Makers & Active Investigative Agents: Schwartz Tag, Good Video Games And Futures Of Jewish Learning, Owen Gottlieb

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How can an experiential approach to education, in combination with a games-based orientation, help us reach often-elusive educational goals? In many ways the study of games and game design bring us back to tenets of education that we have long known, including the benefits of self-directed learning and project-based work. Games-based design and learning may provide a way to shift the discussion from “What should an educated Jew know?” to “How does a learner develop a taste for Jewish learning and living?”

Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger

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Inducing governmental organizations to do the right thing is the central problem of public administration. Especially sharp challenges arise when “the right thing” means executing not only a primary mission but also constraints on that mission (what Philip Selznick aptly labeled “precarious values”). In a classic example, we want police to prevent and respond to crime and maintain public order, but to do so without infringing anyone’s civil rights. In the federal government, if Congress or another principal wants an executive agency to pay attention not only to its mission, but also to some other constraining or even conflicting value—I …