Digital Commons Network^™

Mind The Analytical Gap! Tracing A Fault Line In Daubert, Susan Haack

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No abstract provided.

Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker

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Using a change in knowledge regime as a paradigm of regime change, this paper explores the career of common law thinking in the United States between the nineteenth and twentieth centuries. It shows how, under the pressures of anti-foundational thinking, knowledge moved from a nineteenth-century regime of “knowledge that,” a regime of foundational knowledge, to an early-twentieth-century regime of “knowledge how,” a regime of anti-foundational knowledge concerned with the procedures, processes, and protocols of arriving at knowledge. It then shows how common law thinkers adapted to this change in knowledge regimes, transforming the common law from a body of substantive …

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.

Antitrust In Zero-Price Markets: Applications, John M. Newman

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"Free" products have exploded in popularity along with widespread Internet adoption-but many of them are not truly free. Customers often trade their attention or personal information to access zero-price products. This exchange dynamic brings zero-price markets within the scope of antitrust law. But despite the critical role that such markets now play in modern economies, the antitrust enterprise has largely failed to account for their unique attributes.

In response, this Article undertakes two primary tasks. The first is to address particular areas of current antitrust doctrine that require revision or reinterpretation in the face of zero prices. Topics addressed include …

Men, Women, And Optimal Violence, Mary Anne Franks

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While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …

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. …

Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review), Kunal Parker

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No abstract provided.

Long-Term Drainage Reduces Co2 Uptake And Increases Co2 Emission On A Siberian Floodplain Due To Shifts In Vegetation Community And Soil Thermal Characteristics, Min Jung Kwon, Martin Heimann, Olaf Kolle, Kristina Luus, Edward A. G. Schuur, Nikita Zimov, Sergey A. Zimov, Mathias Göckede

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Abstract. With increasing air temperatures and changing precipitation patterns forecast for the Arctic over the coming decades, the thawing of ice-rich permafrost is expected to increasingly alter hydrological conditions by creating mosaics of wetter and drier areas. The objective of this study is to investigate how 10 years of lowered water table depths of wet floodplain ecosystems would affect CO2 fluxes measured using a closed chamber system, focusing on the role of long-term changes in soil thermal characteristics and vegetation community structure. Drainage diminishes the heat capacity and thermal conductivity of organic soil, leading to warmer soil temperatures in shallow …

Potassium Intake, Bioavailability, Hypertension, And Glucose Control, Michael S. Stone, Lisa Martyn, Connie M. Weaver

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Potassium is an essential nutrient. It is the most abundant cation in intracellular fluid where it plays a key role in maintaining cell function. The gradient of potassium across the cell membrane determines cellular membrane potential, which is maintained in large part by the ubiquitous ion channel the sodium-potassium (Na+-K+) ATPase pump. Approximately 90% of potassium consumed (60-100 mEq) is lost in the urine, with the other 10% excreted in the stool, and a very small amount lost in sweat. Little is known about the bioavailability of potassium, especially from dietary sources. Less is understood on how bioavailability may affect …

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 …

We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin

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No abstract provided.

A Consequential Justice, Robert Stein

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No abstract provided.

Federal Sentencing Guidelines & United States V. Booker: Social Context And Sentencing Disparity, Jeffrey Nowacki

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The United States v. Booker (2005) decision rendered Federal Sentencing Guidelines advisory rather than mandatory. In the context of this decision, this study examines both the direct influence of aggregate-level political, community and administrative variables on sentencing outcomes, and the way that such characteristics might contextualize individual-level predictors. Using multi-level regression techniques, this study examines the role of aggregate level variables on sentence length decisions across four distinct time periods. Moreover, this article also examines whether aggregate-level variables condition the effects of race/ethnicity on sentencing outcomes. While the direct effects of aggregate-level variables on sentencing outcomes are generally limited to …

Intra-Agency Coordination, Jennifer Nou

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No abstract provided.

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 …

Eamon Maher On Jean Sulivan, Eamon Maher

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www.thetablet.co.uk

The Minimum And Other Free Energies For Non-Linear Materials With Memory., John Murrough Golden

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Expressions are obtained for free energies of materials with a certain type of non-linear constitutive relation. In particular, the minimum and related free energies are considered in some detail. Minimal states are defined for these materials, and it is shown that any free energy yielding a linear constitutive equation that is a functional of the minimal state has a counterpart in the non-linear case which is also a minimal state functional in this more general context. These results are explored for simple examples, including discrete spectrum materials.

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.

On Hearsay, Richard A. Posner

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No abstract provided.

The Use And Misuse Of Patent Licenses, Jonathan Masur

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No abstract provided.

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

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No abstract provided.

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 …

Fatigue Modeling Via Mammalian Auditory System For Prediction Of Noise Induced Hearing Loss, Pengfei Sun, Jun Qin, Kathleen Campbell

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Noise induced hearing loss (NIHL) remains as a severe health problem worldwide. Existing noise metrics and modeling for evaluation of NIHL are limited on prediction of gradually developing NIHL (GDHL) caused by high-level occupational noise. In this study, we proposed two auditory fatigue based models, including equal velocity level (EVL) and complex velocity level (CVL), which combine the high-cycle fatigue theory with the mammalian auditory model, to predict GDHL. The mammalian auditory model is introduced by combining the transfer function of the external-middle ear and the triple-path nonlinear (TRNL) filter to obtain velocities of basilar membrane (BM) in cochlea. The …

Comment On Professor Gluck's "Imperfect Statutes, Imperfect Courts", Richard A. Posner

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No abstract provided.

Audiovisual Processing Is Abnormal In Parkinson's Disease And Correlates With Freezing Of Gait And Disease Duration, Conor Fearon, John Butler, Louise Newman, Timothy Lynch, Richard B. Reilly

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Background: Sensory and perceptual disturbances progress with disease duration in Parkinson’s disease (PD) and probably contribute to motor deficits such as bradykinesia and gait disturbances, including freezing of gait (FOG). Simple reaction time tests are ideal to explore sensory processing, as they require little cognitive processing. Multisensory integration is the ability of the brain to integrate sensory information from multiple modalities into a single coherent percept, which is crucial for complex motor tasks such as gait. 9 10 11 12 13 Objectives: The aims of this study were to: 1. Assess differences in unisensory (auditory and visual) and multisensory processing …

Chevron Is Dead; Long Live Chevron, Michael Herz

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The Supreme Court's decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. continues to obsess academics and courts alike. Despite all the attention, however; the "Chevron revolution" never quite happens. This decision, though seen as transformatively important, is honored in the breach, in constant danger of being abandoned, and the subject of perpetual confusion and uncertainty. This Essay seeks both to bury and to praise Chevron. Chevron is not a revolutionary shift of authority from the judiciary to the executive. That Chevron is dead. The Chevron that survives is an appropriate allocation of decisionmaking responsibility among the three …

Determination Of Nanoparticle Localisation Within Subcellular Organelles In Vitro Using Raman Spectroscopy, Esen Efeoglu, Mark Keating, Jennifer Mcintyre, Alan Casey, Hugh Byrne

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Ease of sample preparation, narrow spectral bandwidth and minimal influence from water are features of Raman spectroscopy which make it a powerful, label-free way to study a wide range of biological structures and phenomena. In this context, given the concerns over their toxicology arising from their increased production and use, evaluation of nanoparticle uptake and localisation in biological systems and determination of the mechanisms of subcellular interaction and trafficking can provide long-term solutions for nanotoxicology, and potential strategies for nanomedicine. In this study, Raman spectroscopy is explored to monitor the sequential trafficking of nanoparticles through subcellular organelles in-vitro and to …

Raman Spectroscopy For Screening And Diagnosis Of Cervical Cancer, Fiona Lyng, Damien Traynor, Ines Rm Ramos, Franck Bonnier, Hugh Byrne

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Cervical cancer is the fourth most common cancer in women worldwide and mainly affects younger women. The mortality associated with cervical cancer can be reduced if this disease is detected at the pre-cancer stage. Current gold standard methods include cytopathology, HPV testing and histopathology but these methods are limited in terms of subjectivity, cost and time. There is an unmet clinical need for new methods to aid clinicians in the early detection of cervical pre-cancer. These methods should be objective, rapid and require minimal sample preparation. Raman spectroscopy is a vibrational spectroscopic technique by which incident radiation is used to …

Alcoholism, Miscomprehension And Salvation : Edwin O'Connor's The Edge Of Sadness, Eamon Maher

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No abstract provided.

Using Sequential Mixed Methods In Enterprise Policy Evaluation: A Pragmatic Design Choice?, Anthony Paul Buckley

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How might policy instruments contribute to indigenous firm growth and how can the effects of these instruments be evaluated at both firm and policy level? This paper illustrates how a mixed methods research design and data analysis strategy can pragmatically address the research questions outlined above. The advantages and challenges of employing quantitative research methods (what happened?) followed by confirmatory qualitative research methods (how and why did it happen?) in a multiphase sequential explanatory design is explored. The data analysis strategy is firstly to analyse the data generated from a ‘before and after’ quasi-experiment (with statistical controls), then data from …