Digital Commons Network^™

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

Articles

This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …

Crowd-Classing Individual Arbitrations In A Post-Class Action Era, Myriam E. Gilles, Anthony J. Sebok

Articles

Class actions are in decline, while arbitration is ascendant. This raises the question: will plaintiffs' lawyers skilled in bringing small value, large-scale litigation-the typical consumer, employment, and antitrust claims that have made up the bulk of class action litigation over the past forty years-hit upon a viable business model which would allow them to arbitrate one-on-one claims efficiently and profitably? The obstacles are tremendous: without some means of recreating the economies of scale and reaping the fees provided by the aggregative device of Rule 23, no rational lawyer would expend the resources to develop and arbitrate individual, small-value claims against …

Unbundling In The New Legal Marketplace, Pamela Bucy Pierson

Articles

No abstract provided.

Through A Glass, Darkly: The Rhetoric And Reality Of Campaign Finance Disclosure, Jennifer A. Heerwig, Katherine Shaw

Articles

In Citizens United v. FEC, the Supreme Court swept away long-standing limits on corporate spending in federal elections, but it also strongly affirmed the constitutionality of robust disclosure and disclaimer requirements. In the wake of that decision, many proponents of campaign finance regulation have turned their attention to disclosure as the best remaining mechanism by which to regulate money in elections. At the same time, opponents of campaign finance regulation — including the legal team behind Citizens United — have trained their sights on disclosure, filing new challenges to existing disclosure require- ments in a number of state or federal …

Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein

Articles

A popular and intuitively plausible argument for the rights of lesbians, gay men and bisexuals (LGB people) focuses on the claim that sexual orientations are inborn and/or unchangeable. This argument draws on three sources: ethical, scientific, and legal. The scientific source is the widely held observation that people generally (and LGB people particularly) do not choose their sexual orientation. This observation is buttressed by claims about the causes and character of human sexuality. The ethical source is the general intuition that people should not be punished for something that they did not choose. Together, these ethical and scientific beliefs lead …

Magnifying Deterrence By Prosecuting Professionals, Scott A. Schumacher

Articles

This article examines the recent series of criminal prosecutions against tax professionals and offshore bankers. These criminal cases, brought against the largest Swiss bank (UBS), the oldest Swiss bank (Wegelin), one of the largest accounting firms in the world (KPMG), as well as numerous lawyers and accountants, was a dramatic shift for the U.S. Department of Justice. After decades of tolerating abusive tax shelters and tax haven banks, the Government changed its policy. However, rather than indicting the individuals and corporations who invested in tax shelters or hid money in offshore accounts, the Justice Department indicted the lawyers, accountants, and …

Suppression Of Raman Soliton Self-Frequency Shift In Photonic Cystal Fibers With Tellurite Subwavelength Core, Shua Wei, Jinhui Yuan, Chongxiu Yu, Sha Li, Boyuan Jin, Xiaoming Hu, Gerald Farrell, Qiang Wu

Articles

A new nonlinear evolution equation including the vector nature of the electromagnetic field and the frequency variation of the mode profile is derived. A kind of new nonlinearity is demonstrated. Its magnitude is strongly dependent on the waveguide geometrical parameters, which will lead to a suppression of the Raman soliton self-frequency shift in a photonic crystal fiber with a tellurite subwavelength core. Our results can be supported by the detailed numerical simulations

Resilient Digital Image Watermarking For Document Authentication, Jonathan Blackledge, Oleksandr Iakovenko

Articles

Abstract—We consider the applications of the Discrete Cosine Transform (DCT) and then a Chirp coding method for producing a highly robust system for watermarking images using a block partitioning approach subject to a self-alignment strategy and bit error correction. The applications for the algorithms presented and the system developed include the copyright protection of images and Digital Right Management for image libraries, for example. However, the principal focus of the research reported in this paper is on the use of printscan and e-display-scan image authentication for use in e-tickets where QR code, for example, are embedded in a full colour …

Cmos-Compatible 2-Bit Optical Spectral Quantization Scheme Using A Silicon-Nanocrystal-Based Horizontal Slot Waveguide, Zhe Khang, Jinhui Yuan, Gerald Farrell, Chongxiu Yu, Feng Li, Hwa Yaw Tam, P. K.A. Wai

Articles

All-optical analog-to-digital converters based on the third-order nonlinear effects in silicon waveguide are a promising candidate to overcome the limitation of electronic devices and are suitable for photonic integration. In this paper, a 2-bit optical spectral quantization scheme for on-chip all-optical analog-to-digital conversion is proposed. The proposed scheme is realized by filtering the broadened and split spectrum induced by the self-phase modulation effect in a silicon horizontal slot waveguide filled with silicon-nanocrystal. Nonlinear coefficient as high as 8708 W21 /m is obtained because of the tight mode confinement of the horizontal slot waveguide and the high nonlinear refractive index of …

Enhanced Broadband Parametric Wavelength Conversion In Silicon Waveguide With The Multi-Period Grating, Xianting Zhang, Jinhui Yuan, Jiaziu Zou, Boyuan Jin, Xinzhu Sang, Qiang Wu, Chongxiu Yu, Gerald Farrell

Articles

No abstract provided.

Trim68 Negatively Regulates Ifn-B Production By Degrading Trk Fused Gene, A Novel Driver Of Ifn-B Downstream Of Anti-Viral Detection Systems, Claire Wynne, Elisa Lazzari, Siobhan Smith, Eoghan Mccarthy, Joan Ni Gabhann, Lara Kallai, Rowan Higgs, Sally Ann Cryan, Christine Byron, Caroline Jefferies

Articles

In recent years members of the tripartite motif-containing (TRIM) family of E3 ubiquitin ligases have been shown to both positively and negatively regulate viral defence and as such are emerging as compelling targets for modulating the anti-viral immune response. In this study we identify TRIM68, a close homologue of TRIM21, as a novel regulator of Toll-like receptor (TLR)- and RIG-I-like receptor (RLR)-driven type I IFN production. Proteomic analysis of TRIM68-containing complexes identified TRK-fused gene (TFG) as a potential TRIM68 target. Overexpression of TRIM68 and TFG confirmed their ability to associate, with TLR3 stimulation appearing to enhance the interaction. TFG is …

Socioeconomic Differentials In The Immediate Mortality Effects Of The National Irish Smoking Ban, Patrick J. Goodman, Sericea Stallings-Smith, Ariana Zeka, Z. Kabir, Luke Clancy

Articles

Background: Consistent evidence has demonstrated that smoking ban policies save lives, but impacts on health inequalities are uncertain as few studies have assessed post-ban effects by socioeconomic status (SES) and findings have been inconsistent. The aim of this study was to assess the effects of the national Irish smoking ban on ischemic heart disease (IHD), stroke, and chronic obstructive pulmonary disease (COPD) mortality by discrete and composite SES indicators to determine impacts on inequalities. Methods: Census data were used to assign frequencies of structural and material SES indicators to 34 local authorities across Ireland with a 2000–2010 study period. Discrete …

Reducing Visual Deficits Caused By Refractive Errors In School And Preschool Children: Results Of A Pilot School Program In The Andean Region Of Apurimac, Peru, Sergio Latorre-Arteaga, Diana Gil-Gonzalez, Olga Enciso, Aoife Phelan, Angel Garcia-Munoz, Johannes Kohler

Articles

Background

Refractive error is defined as the inability of the eye to bring parallel rays of light into focus on the retina, resulting in nearsightedness (myopia), farsightedness (Hyperopia) or astigmatism. Uncorrected refractive error in children is associated with increased morbidity and reduced educational opportunities. Vision screening (VS) is a method for identifying children with visual impairment or eye conditions likely to lead to visual impairment.

Objective

To analyze the utility of vision screening conducted by teachers and to contribute to a better estimation of the prevalence of childhood refractive errors in Apurimac, Peru.

Design

A pilot vision screening program in …

Economic Valuation Of The Mortality Benefits Of A Regulation On So2 In 20 European Cities, Olivier Chanel, Susann Henschel, Patrick J. Goodman, Antonis Analitis, Richard W. Atkinson, Alain Le Tertre, Ariana Zeka, Sylivia Medina

Articles

Background: Since the 1970s, legislation has led to progress in tackling several air pollutants. We quantify the annual monetary benefits resulting from reductions in mortality from the year 2000 onwards following the implementation of three European Commission regulations to reduce the sulphur content in liquid fuels for vehicles. Methods: We first compute premature deaths attributable to these implementations for 20 European cities in the Aphekom project by using a two-stage health impact assessment method. We then justify our choice to only consider mortality effects as short-term effects. We rely on European studies when selecting the central value of …

Antimicrobial Properties Of Vertically Aligned Nano-Tubular Copper, Kafil Razeeb, Joanna Podporska-Carroll, Mamun Jamal, Maksudul Hassan, Michael Nolan, Declan Mccormack, Brid Quilty, Simon Newcombe, Suresh Pillai

Articles

In this work, the antimicrobial properties of vertically aligned nano-tubular Cu arrays (NT-Cu) fabricated via a template-based electrodeposition approach were investigated. The NT-Cu display good bactericidal activity against S.aureus and bacteriostatic properties against E.coli, S.sonnei, S.enterica and C.albicans. In contrast, Cu-foil electrodeposited from the same solution shows low biological activity against the same microorganisms. The antimicrobial activity of NT-Cu depends on both the type of microorganism and exposure time. After 6 hours of exposure, over 99.99% (log red = 4.43) of S.aureus population was inactivated, whereas, for E.coli, S.sonnei, S.enterica and C.albicans it was 97.8, 94.2, 89.9, and 90.3%, respectively.

Children’S Rights Online: Challenges, Dilemmas And Emerging Directions, Sonia Livingstone, Brian O'Neill

Articles

Although it is widely held that a more inclusive and trusted internet can support a competitive knowledge economy, a digitally skilled labour force, civic participation and a pluralistic media sector, governments and regulators have tended to avoid intervening directly to achieve these aims, believing that industry is best positioned to respond to the fast pace of change in information and communication technologies (ICT).This reflects a wider policy shift away from top-down government measures towards flexible, dispersed and indirect forms of governance, encompassing industry self-regulation as well as elements of cooperation or co-regulation with relevant state agencies.

The Role Of E-Portfolios In Finance Studies: A Cross-Country Study., Lucia Morales, Amparo Soler-Dominguez Dr., Valentina Tarkovska

Articles

This study explores the use of ePortfolios as an efficient assessment tool to support students pursuing a Business degree, where Finance is a major component. We conducted an analysis on the role of ePortfolios in Higher Education at Technological University Dublin (Republic of Ireland) and at Universitat Jaume I (Spain) for undergraduate studies. Our findings suggest that ePortfolios could be used to facilitate and enhance students self-regulated learning experiences where the role of the instructor is fundamental at early stages—to ensure that the learning process comply with basic academic standards—and diminishes as students become familiar with their course requirements, the …

Enhancing Student's Learning With E-Portfolios In Financial Disciplines., Lucia Morales, Amparo Soler-Dominguez Dr., Valentina Tarkovska

Articles

This study explores the contribution ePortfolios can make to the learning process when they are implemented in Higher Education Institutions (HEIs), specifically in financial subjects. The idiosyncrasy of this particular discipline and the technical difficulties arising during the course require resourc es that can keep students engaged and constructively consolidate the contents learnt. The ePortfolio successfully performs these functions. Additionally, ePortfolio use promotes self- regulated learning, ultimately facilitating comprehension and enjoyment of the financial environment. Our findings suggest that students prefer to be more active in the classroom, and the learning-by-doing approach therefore appears to be more effective in technical …

Offering Minority Communities Equal Opportunities Through Entrepreneurship, Thomas M. Cooney

Articles

A substantial body of research has been undertaken in recent years giving prominence to the additional and distinctive challenges faced by female entrepreneurs and by ethnic entrepreneurs. However, other groups of minority entrepreneurs have received relatively little attention and so remain underexplored within entrepreneurship literature. This article introduces some of these minority communities (Ex–Prisoners, Disabled People, Travellers/Gypsies, Grey and Gay) and highlights the research opportunities that exist for entrepreneurship academics who might wish to analyse such ‘silent’ minorities. These communities are all relatively large in terms of population numbers, require tailored support to overcome distinctive economic, social and personal obstacles, …

The Potential For Energy Reduction In Uk Commercial Offices Through Effective Management And Behaviour Change, Mark Mulville, Keith Jones, Gesche Huebner

Articles

eneral office equipment can be responsible for a significant proportion of overall electrical energy consumption in UK offices and this is predicted to rise significantly over the coming years [Webber, C. A., Roberson, J. A., Brown, R. E., Payne, C. T., Nordman, B., & Koomey, J. G. (2001). Field surveys of office equipment operating patterns. Berkley: CA: Lawrence Berkley National Laboratory]. As a significant contributor to overall energy use, this equipment has a corresponding cost and carbon impact. The legally binding requirements of the climate change act [Department of Energy and Climate Change. (2008 Department of Energy and …

College Is Where The Real Learning Happens: Perceptions From Irish Craft Apprentices Using Interpretative Phenomenological Analysis, Eric Bates

Articles

This research set out to examine the learning experience of three apprentice painters and decorators on the Irish Standards Based Apprenticeship from the Technological University Dublin. This apprenticeship involves college based and work based learning. The main aim of the study was to explore the learning experiences of apprentices in their own words. This would provide for unique insights into their learning experience. The research method was one on one semi structured interviews and the data was analysed using interpretative phenomenological analysis. One of the super ordinate themes that emerged from the data analysis was the perception among the participants …

Words Worth Price And Value, Tom Dunne

Articles

TOM DUNNE explains the terms used in relation to the valuation of property, and the need for common understanding among all parties using those terms. -

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 …

Omnidirectional Microstrip Patch Antenna With Reconfigurable Pattern And Polarisation, Max Ammann, Xiulong Bao, Adam Narbudowicz

Articles

An omnidirectional microstrip patch antenna, capable of reconfiguring both polarisation and radiation pattern is proposed. It operates with two orthogonal ±45° slanted linear polarisations and can produce two dipole-like radiation patterns, providing 360° coverage in either the horizontal or elevation plane. With appropriate steering, this enables a single antenna to provide full spherical coverage for any polarisation. The reconfiguration is realised by phase shifting, thus does not require switching elements, such as MEMS or pin diodes embedded into antenna. The basic principles of operation are discussed and validated by numerical and measured data.

Alabama's Mirror: The People's Crusade For Civil Rights Introduction, Steven H. Hobbs

Articles

No abstract provided.

Plugging Leaks And Lowering Levees In The Federal Government: Practical Solutions For Securities Trading Based On Political Intelligence, Donna M. Nagy, Richard W. Painter

Articles

From its founding, the U.S. federal government has been a potential gold mine for nonpublic market-moving information. By selectively disclosing this information to securities traders outside the government (or to persons who advise them), federal officials can substantially privilege certain wealthy or otherwise well-connected investors over ordinary investors in the securities market. The trading profits that can be derived from the use of this material nonpublic government information are often tremendous. Such disparity of access to government information undermines the public’s confidence in the fairness and integrity of securities markets -- and in the federal government itself. But absent an …

Administering The Tax System We Have, Kristin Hickman

Articles

Traditional perceptions of tax exceptionalism from administrative law doctrines and requirements have been predicated at least in part on the importance of the tax code’s revenue raising function. Yet, Congress increasingly relies on the IRS to administer government programs that have little to do with raising revenue and much more to do with distributing government benefits to the economically disadvantaged, subsidizing approved activities, and regulating outright certain economic sectors like nonprofits, pensions, and now health care. As the attentions of the Treasury Department and Internal Revenue Service shift away from raising revenue and toward these other matters, the revenue-based justification …

The Three Phases Of Mead, Kristin Hickman

Articles

No symposium entitled ―Chevron at 30‖ would be complete without some consideration of the U.S. Supreme Court‘s subsequent decision in United States v. Mead Corp.3 As Thomas Merrill and I documented years ago, in the years leading up to Mead, courts were in substantial disarray over which agencies and actions were eligible for Chevron‘s requirement of strong, mandatory deference.4 Some disagreements concerned the nature and scope of agency authority. For example, the federal circuit courts were divided over whether an agency that lacked the power to adopt legislative rules could claim Chevron deference for its statutory interpretations.5 Other questions focused …

Tenure, The Aberrant Consumer Contract, James J. White

Articles

This symposium concerns asymmetric contracts, usually contracts where one party has great power and the other has little. The papers deal generally with contracts between consumers who get a “take it or leave it” offer and corporations such as Hertz, Microsoft, Verizon, and General Motors who draft the contracts according to their wishes. In almost all of these asymmetric contracts the stronger (corporations) writes the terms and presents them to the weaker (consumers) for signing without negotiation. Indeed the corporate agent with whom the consumer deals (e.g., the person at the Hertz desk) has no authority to change the contract …

The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine

Articles

The state secrets privilege, originally established in United States v. Reynolds, has evolved into a powerful tool for the Executive to shield actions from judicial scrutiny, undermining the rule of law and constitutional checks and balances. This expansion, driven by judicial deference and circuit court interpretations, now prioritizes national security over accountability, threatening core legal principles. The article argues for reform to balance national security concerns with judicial oversight and individual rights.