Digital Commons Network^™

Comparative Models Of Hydrocarbon Emissions For A Diesel Engine Operating At Constant Loads And Speeds, Dennis G. Watson, David R. Bostic, Tony V. Harrison

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Linear multiple regression (LMR) and nonlinear polynomial network (NPN) models were developed from data collected from ISO 8178‐4 (1996) test cycle B‐type tests (ISO) and an expanded set of tests (EXP) to predict hydrocarbon (HC) emissions from a diesel engine. LMR using the ISO training data (R2 = 0.94) resulted in overfitting of the model as applied to the evaluation data (R2 = 0.49). LMR based on the expanded data (R2 = 0.68) was a better LMR model when applied to the evaluation data (R2 = 0.64). NPN using the expanded training data (R2 = 0.99) resulted in the best …

The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton

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No abstract provided.

When The Lawyer Knows The Client Is Guilty: Client Confessions In Legal Ethics, Popular Culture, And Literature, Michael Asimow, Richard H. Weisberg

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The article explores the ethical dilemma faced by criminal defense lawyers when they know their client is factually guilty but the client insists on a vigorous defense. It examines the tension between the lawyer’s duty of zealous representation and the duty of candor toward the court, proposing a compromise that allows lawyers discretion to choose between strong or weak adversarial approaches based on the context. The analysis draws on historical cases, such as the Courvoisier case of 1840 and the modern case of Steven Feldman, as well as insights from popular culture and literary sources, to argue that the discretionary …

Plenary Session Panel: The Sixth John A. Speziale Alternative Dispute Resolution Symposium, Lela P. Love

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No abstract provided.

The Law Of The Noose: A History Of Latino Lynching Symposium: The Jenna Six, The Prosecutorial Conscience, And The Dead Hand Of History, Richard Delgado

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No abstract provided.

Securities Law And The New Deal Justices, Adam C. Pritchard, Robert B. Thompson

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In this Article, we explore the role of the New Deal Justices in enacting, defending, and interpreting the federal securities laws. Although we canvass most of the Court's securities law decisions from 1935 to 1955, we focus in particular on PUHCA, an act now lost to history for securities practitioners and scholars. At the time of the New Deal, PUHCA was the key point of engagement for defining the judicial view toward New Deal securities legislation. Taming the power of Wall Street required not just the concurrence of the legislative branch, but also the Supreme Court, a body that the …

Single Block Attacks And Statistical Tests On Cubehash, Alan Kaminsky, Benjamin Bloom

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This paper describes a second preimage attack on the CubeHash cryptographic one-way hash function. The attack finds a second preimage in less time than brute force search for these CubeHash variants: CubeHash $r$/$b$-224 for $b > 100$; CubeHash$r$/$b$-256 for $b > 96$; CubeHash$r$/$b$-384 for $b > 80$; and CubeHash$r$/$b$-512 for $b > 64$. However, the attack does not break the CubeHash variants recommended for SHA-3. The attack requires minimal memory and can be performed in a massively parallel fashion. This paper also describes several statistical randomness tests on CubeHash. The tests were unable to disprove the hypothesis that CubeHash behaves as a random mapping. …

Is Visual Selective Attention In Deaf Individuals Enhanced Or Deficient? The Case Of Useful Field Of View, Matthew Dye, Peter Hauser, Daphne Bavelier

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Background: Early deafness leads to enhanced attention in the visual periphery. Yet, whether this enhancement confers advantages in everyday life remains unknown, as deaf individuals have. been shown to be more distracted by irrelevant information in the periphery than their hearing peers. Here, we ~how that, in a complex attentional task, a performance advantage results for deaf individuals. Methodology/Principal Findings: We employed the Useful Field of View (UFOV) which requires central target identification concurrent with peripheral target localization in the presence of distraetors - a divided, selective attention task. First, the comparison of deaf and hearing adults with or without …

London As Delaware?, Adam C. Pritchard

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In the United States, state corporate law determines most questions of internal corporate governance - the role of directors; the allocation of authority between directors, managers, and shareholders; etc. - while federal law governs questions of disclosure to shareholders - annual reports, proxy statements, and periodic filings. Despite substantial incursions by Congress, most recently with the Sarbanes-Oxley Act, this dividing line between state and federal law persists, so state law arguably has the most immediate effect on corporate governance outcomes.

Intellectual Liability, Daniel A. Crane

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Intellectual property is increasingly a misnomer since the right to exclude is the defining characteristic of property and incentives to engage in inventive and creative activity are increasingly being granted in the form of liability rights (which allow the holder of the right to collect a royalty from users) rather than property rights (which allow the holder of the right to exclude others from using the invention or creation). Much of this recent reorientation in the direction of liability rules arises from a concern over holdout or monopoly power in intellectual property. The debate over whether liability rules or property …

How Much Does It Matter Whether Courts Work Within The "Clearly Marked" Provisions Of The Bill Of Rights Or With The "Generalities" Of The Fourteenth Amendment?, Yale Kamisar

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We know that it really mattered to Justice Hugo Black. As he made clear in his famous dissenting opinion in Adamson v. California] Black was convinced that the purpose of the Fourteenth Amendment was to apply the complete protection of the Bill of Rights to the states.2 And, as he also made plain in his Adamson dissent, he was equally convinced that working with the "specific" or "explicit" guarantees of the first Eight Amendments would furnish Americans more protection than would applying the generalities of the Fourteenth Amendment.3

Allocating Business Profits For Tax Purposes: A Proposal To Adopt A Formulary Profit Split, Reuven S. Avi-Yonah, Kimberly A. Clausing, Michael C. Durst

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The current system of taxing the income of multinational firms in the United States is flawed across multiple dimensions. The system provides an artificial tax incentive to earn income in low-tax countries, rewards aggressive tax planning, and is not compatible with any common metrics of efficiency. The U.S. system is also notoriously complex; observers are nearly unanimous in lamenting the heavy compliance burdens and the impracticality of coherent enforcement. Further, despite a corporate tax rate one standard deviation above that of other OECD countries, the U.S. corporate tax system raises relatively little revenue, due in part to the shifting of …

Deleveraging Microfinance: Principles For Managing Voluntary Debt Workouts Of Microfinance Institutions, Deborah Burand

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This paper focuses on the challenges of responding to a deleveraging of the microfinance sector and offers guidelines for stakeholders in microfinance-regulators, policymakers, investors (debt and equity), donors, and microfinance providers-for how to address these challenges in the context of a microfinance institution debt workout so as to minimize undue disruption and damage to the microfinance sector as a whole.

Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr

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This article addresses the problem of incompetent representation by defense counsel in international criminal tribunals. According to the author, the ineffectiveness of a particular attorney may be attributable to a number offactors, including a lack of experience with international criminal law, unfamiliarity with the procedures of international criminal tribunals, and the simple failure to be fluent in the languages used by the court. Starr explains that the problem of incompetence persists because of obstacles to the recruitment, retention, and appointment of proficient defense lawyers, as well as the lack of administrative or judicial oversight concerning competence. The author points out …

Phase Transitions In Materials With Thermal Memory: The Case Of Unequal Conductivities, John Murrough Golden

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A model for thermally induced phase transitions in materials with thermal memory was recently proposed, where the equations determining heatflow were assumed to be the same in both phases. In this work, the model is generalized to the case of phase dependent heatflow relations. The temperature (or coldness) gradient is decomposed into two parts, each zero on one phase and equal to the temperature (or coldness) gradient on the other. However, they vary smoothly over the transition zone. These are treated as separate independent quantities in the derivation of field equations from thermodynamics. Heat flux is given by an integral …

Advertising Connoisseurs: Children's Active Engagement With And Enjoyment Of Television Advertising, Margaret-Anne Lawlor

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The literature pertaining to advertising and children has tended to focus on how advertising affects children at cognitive, attitudinal and behavioural levels. A key element of the debate has been the extent to which children understand advertising as a mode of commercial communication, and the potential associated outcomes such as advertising scepticism and pester power. This paper adopts a different approach by exploring the extent to which television advertising can constitute a resource for a child's own use and enjoyment. As part of an interpretive study of a group of Irish children aged seven to nine years which explores their …

The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman

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Abstract Purpose – This paper proposes the activity-based focus group as a useful method with which to generate talk-in-interaction among pre-schoolers. Analytically, it aims to illustrate, how transcribed talk-in-interaction can be subjected to a discourse analytic lens, to produce insights into how pre-schoolers use ‘Coca-Cola’ as a conversational resource with which to build product-related meanings and social selves. Design/methodology/approach - Fourteen activity-based discussion groups with pre-schoolers aged between two and five years have been conducted in a number of settings including privately run Montessori schools and community based preschools in Dublin. The talk generated through these groups has been transcribed …

Advocacy In The Court Of Public Opinion, Installment One: Broadening The Role Of Corporate Attorneys, Michele Destefano Beardslee

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No abstract provided.

Electro-Optical Switching Of The Holographic Polymer-Dispersed Liquid Crystal Diffraction Gratings, Pavani Kotakonda, Izabela Naydenova, Raghavendra Jallapuram, Suzanne Martin, Vincent Toal

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Polymer-dispersed liquid crystal (PDLC) is a material promising for application in optical communications, diffractive optics and optical data storage. Diffraction gratings were optically recorded in a novel PDLC material developed at the Centre for Industrial and Engineering Optics. Details of the fabrication and preliminary results of electro-optical switching of the holographic PDLC (HPDLC) diffraction gratings are presented. The redistribution of LCs was observed by using phase contrast microscopy and confocal Raman spectroscopy.

The Structural Case For Vertical Maximalism, Tara Leigh Grove

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Many prominent jurists and scholars including those with outlooks as diverse as Chief Justice John Roberts and Cass Sunstein have recently advocated a "minimalist" approach to opinion writing at the Supreme Court They assert that the Court should issue narrow factbound decisions that do not resolve much beyond the case before the Court I argue that minimalism as employed by the current Supreme Court is in tension with the constitutional structure Article III and the Supremacy Clause along with historical evidence from the founding era suggest that the Constitution creates a hierarchical judiciary and gives the Court a "supreme" role …

The Lawyer's Oath: Both Ancient And Modern, Carol Rice Andrews

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No abstract provided.

Interpreting The Protecting Tenants At Foreclosure Act Of 2009, Allyson E. Gold

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No abstract provided.

Entrepreneurship And Law: Accessing The Power Of The Creative Impulse Foreword, Steven H. Hobbs

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No abstract provided.

The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr.

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No abstract provided.

Transcriptional Regulation Of Cholesterol 24-Hydroxylase By Histone Deacetylase Inhibitors., Marjan Shafaati, Riona O'Driscoll, Ingemar Bjorkhem, Steve Meaney

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The mechanistic basis for the tissue specific expression of cholesterol elimination pathways is poorly understood. To gain additional insight into this phenomenon we considered it of interest to investigate if epigenetic mechanisms are involved in the regulation of the brain-specific enzyme cholesterol 24-hydroxylase (CYP46A1), a key regulator of brain cholesterol elimination. We demonstrated a marked time-dependent derepression of the expression of CYP46A1, in response to treatment with the potent histone deacetylase (HDAC) inhibitor Trichostatin A. The pattern of expression of the genes in the genomic region surrounding CYP46A1 was found to be diametrically opposite in brain and liver. Intraperitoneal injection …

Engineering Of A Single Alkaline Fuel Cell Part Ii: Long Term Operation In Air, Jonathan Blackledge, Eugene Coyle, David Kennedy, Heinz Schmidt-Walter, Hans Kohnke, Steffen Schudt, Gerhard Sauer, James Hamilton

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Research into renewable energy sources has previously lacked sufficient investment. However, emphasis has now shifted and funding is being made available in a proactive manner by various governments eager to encourage renewable energy technology and reduce carbon taxes. Fuel Cells offer a realistic, sustainable and clean alternative energy option for stationary and mobile applications. Hydrogen and fuel cell technologies are recognised by many as possible long term energy solutions, but to-date, have failed to make an impact on the energy market. This is due to a number of key reasons, some of which include efficiency, scale, accessories and power output. …

Engineering Of A Single Alkaline Fuel Cell Part I: Construction Of A Test Bed, Jonathan Blackledge, James Brunton, Eugene Coyle, David Kennedy, Heinz Schmidt-Walter, Hans Kohnke, Gerhard Sauer, Steffen Schudt, James Hamilton

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Fuel Cells offer a realistic, sustainable and clean alternative energy option for stationary and mobile applications. Hydrogen and fuel cell technologies are recognised by many as possible long term energy solutions, but to-date have failed to make an impact on the energy market. This is due to a number of key reasons, some of which include, efficiency, scale, accessories and power output. Applying fuel cells to small telecommunication components requires the applications of Micro and Nanotechnology, which have yet to be perfected to make them long lasting and cost effective. This paper outlines the reasons for commercialisation of fuel cells …

From Environment To Energy: China's Reconceptualization Of Climate Change, Dongsheng Zang

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Domestically and internationally, by the first half of 2009 it was already questionable whether the Copenhagen Conference could achieve anything. Anthony Giddens warned-in an otherwise inspiring book on climate change-that "doomsday is no longer a religious concept, a day of spiritual reckoning, but a possibility imminent in our society and economy." In such a context, it becomes imperative to revisit some of the fundamental issues in the Kyoto Protocol framework. Are timetables and targets really the best way to regulate climate change? Does the current framework create bad politics? Where are the powerful driving forces towards a low-carbon society?

This …

Hiding Behind "Tradition"? Should U.S. Vessel Traffic Centers Exercise Greater Direction And Control Over Vessels In Their Areas?, Craig H. Allen

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In the alermath of the 2007 COSCO BUSAN allision and oil spill, some asked whether United States Coast Guard Vessel Traffic Service (VTS) operators monitoring the developing incident should have intervened explicitly to wam the vessel or even order it to take avoiding action.

The controversy called to mind a speech by a former IMO secretary-general in which he suggested that those resisting greater shore-based control were "hiding behind tradition." In its investigation of the COSCO BUSAN incident, the National Transportation Safety Board (NTSB) urged the Coast Guard to better define its expectations regarding the exercise of VTS control authority …

A Covert Encryption Method For Applications In Electronic Data Interchange, Jonathan Blackledge, Dmitry Dubovitskiy

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A principal weakness of all encryption systems is that the output data can be ‘seen’ to be encrypted. In other words, encrypted data provides a ‘flag’ on the potential value of the information that has been encrypted. In this paper, we provide a new approach to ‘hiding’ encrypted data in a digital image.

In conventional (symmetric) encryption, the plaintext is usually represented as a binary stream and encrypted using an XOR type operation with a binary cipher. The algorithm used is ideally designed to: (i) generate a maximum entropy cipher so that there is no bias with regard to any …