Digital Commons Network^™

Against Immutability, Jessica A. Clarke

Articles

Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include not just those traits an individual cannot change, but also those considered too important for anyone to be asked to change. Sexual orientation and religion are paradigmatic examples. This Article critically examines this new concept of immutability, asking whether it is fundamentally different from the old one and how it might apply to characteristics on the borders of employment discrimination law’s protection, such as obesity, pregnancy, and …

Default Localism, Or: How Many Laboratories Does It Take To Make A Movement, Kathleen Claussen

Articles

No abstract provided.

Halliburton Ii: A Loser's History, Adam C. Pritchard

Articles

The Supreme Court was presented with an opportunity to bring fundamental reform to securities class actions last term in Halliburton Co. v. Erica P John Fund, Inc.. The Court ducked that opportunity, passing the buck to Congress to undo the mess that the Court had created a quarter century prior in Basic Inc. v. Levinson. Congress's history in dealing with securities class actions suggests that reform is unlikely to come from the legislature anytime soon. The Securities and Exchange Commission appears to be satisfied with the status quo as well. With these institutional actors resisting reform, corporations and …

The Contribution Of Phonological Knowledge, Memory, And Language Background To Reading Comprehension In Deaf Populations, Elizabeth A. Hirshorn, Matthew W G Dye, Peter Hauser, Ted R. Supalla

Articles

While reading is challenging for many deaf individuals, some become proficient readers. Little is known about the component processes that support reading comprehension in these individuals. Speech-based phonological knowledge is one of the strongest predictors of reading comprehension in hearing individuals, yet its role in deaf readers is controversial. This could reflect the highly varied language backgrounds among deaf readers as well as the difficulty of disentangling the relative contribution of phonological versus orthographic knowledge of spoken language, in our case ‘English,’ in this population. Here we assessed the impact of language experience on reading comprehension in deaf readers by …

Communication: Analytic Continuation Of The Virial Series Through The Critical Point Using Parametric Approximants, Nathaniel S. Barlow, Andrew J. Schultz, Steven J. Weinstein, David A. Kofke

Articles

The mathematical structure imposed by the thermodynamic critical point motivates an approximant that synthesizes two theoretically sound equations of state: the parametric and the virial. The former is constructed to describe the critical region, incorporating all scaling laws; the latter is an expansion about zero density, developed from molecular considerations. The approximant is shown to yield an equation of state capable of accurately describing properties over a large portion of the thermodynamic parameter space, far greater than that covered by each treatment alone.

Shareholder Primacy And Corporate Compliance, Judd F. Sneirson

Articles

Corporations, like the rest of us, must comply with environmental and other laws or suffer the consequences. Unfortunately, these consequences can pale in comparison to the gains to be made from non-compliance. Law-and-economics scholarship recognizes this and, by treating many laws as mere costs of doing business, encourages a certain amount of deliberate non-compliance. According to this view, corporate compliance should turn on profitability or whether compliance would otherwise benefit the firm. This Article argues that the law-and-economics scholarship is wrong on the law, wrong as a matter of economics, and does not reflect how most firms in fact behave. …

Regional-Scale Simulations Of Fungal Spore Aerosols Using An Emission Parameterization Adapted To Local Measurements Of Fluorescent Biological Aerosol Particles, M. Hummell, C. Hoose, M. Gallagher, D. A. Healy, J. A. Huffmann, David O'Connor, U. Poschl, C. Pohlker, N. H. Robinson, M. Schnaiter, J. R. Sodeau, M. Stengel, E. Toprak, H. Vogel

Articles

Fungal spores as a prominent type of primary biological aerosol particles (PBAP) have been incorporated into the COSMO-ART (Consortium for Small-scale Modelling- Aerosols and Reactive Trace gases) regional atmospheric model. Two literature-based emission rates for fungal spores derived from fungal spore colony counts and chemical tracer measurements were used as a parameterization baseline for this study. A third, new emission parameterization for fluorescent biological aerosol particles (FBAP) was adapted to field measurements from four locations across Europe. FBAP concentrations can be regarded as a lower estimate of total PBAP concentrations. Size distributions of FBAP often show a distinct mode at …

First Steps In Developing Cement-Based Batteries To Power Cathodic Protection Of Embedded Steel In Concrete, Niall Holmes, Aimee Byrne, Brian Norton

Articles

This paper presents the first steps in developing innovative cement-based batteries to power cathodic protection in reinforced concrete structures. Initial electrical outputs of 1.55V and 23mA have been found to be sufficient to polarise prescribed corrosion currents of 20mA per m2 of embedded steel. Cathodic protection is a well-developed and powerful technique to limit the effects of steel reinforcement corrosion. However, as it requires an electrical supply day and night, it is often powered by non-environmentally friendly diesel generators or connected to the electrical grid. This paper focuses on increasing the ionic conductivity of the solution in the cement pores, …

Raman Micro-Spectroscopy For Rapid Screening Of Oral Squamous Cell Carcinoma, Luis Felipe Carvalho, Franck Bonnier, Kate O'Callaghan, Jeff O'Sullivan, Stephen Flint, Hugh Byrne, Fiona Lyng

Articles

Raman spectroscopy can provide a molecular-level fingerprint of the biochemical composition and structure of cells with excellent spatial resolution and could be useful to monitor changes in composition for dysplasia and early, non-invasive cancer diagnosis (carcinoma in situ), both ex-vivo and in vivo. In this study, we demonstrate this potential by collecting Raman spectra of nucleoli, nuclei and cytoplasm from oral epithelial cancer (SCC- 4) and dysplastic (pre-cancerous, DOK) cell lines and from normal oral epithelial primary cell cultures, in vitro, which were then analysed by principal component analysis (PCA) as a multivariate statistical method to discriminate the spectra. Results …

Visqol: An Objective Speech Quality Model, Andrew Hines, J. Skoglund, A. C. Kokaram, N. Harte

Articles

This paper presents an objective speech quality model, ViSQOL, the Virtual Speech Quality Objective Listener. It is a signal-based, full-reference, intrusive metric that models human speech quality perception using a spectro-temporal measure of similarity between a reference and a test speech signal. The metric has been particularly designed to be robust for quality issues associated with Voice over IP (VoIP) transmission. This paper describes the algorithm and compares the quality predictions with the ITU-T standard metrics PESQ and POLQA for common problems in VoIP: clock drift, associated time warping, and playout delays. The results indicate that ViSQOL and POLQA significantly …

Knowledge Sharing In Organisations: A Bayesian Analysis Of The Role Of Reciprocity And Formal Structure, Alberto Caimo, Alessandro Lomi

Articles

We examine the conditions under which knowledge embedded in advice relations is likely to reach across intraorganizational boundaries and be shared between distant organizational members. We emphasize boundary-crossing relations because activities of knowledge transfer and sharing across subunit boundaries are systematically related to desirable organizational outcomes. Our main objective is to understand how organizational and social processes interact to sustain the transfer of knowledge carried by advice relations. Using original fieldwork and data that we have collected on members of the top management team in a multiunit industrial group, we show that knowledge embedded in task advice relations is unlikely …

Recklessness As A State Of Mind In 10(B) Cases: The Civil-Criminal Dialectic, Patricia S. Abril, Ann M. Olazabal

Articles

No abstract provided.

Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless

Articles

In Padilla v. Kentucky, the U.S. Supreme Court held that defense attorneys have a Sixth Amendment duty to advise noncitizen clients of the "clear" immigration consequences of a proposed plea agreement. This Article argues that the Court's reference to clarity denotes predictability, not simplicity, and that defense attorneys must advise their clients of predictable immigration consequences, even if they are difficult to ascertain. The scope of this duty has broadened as the U.S. Supreme Court has made the crime-related deportation rules more determinate, although many rules remain complex. A legislative move to a regime of simple deportation rules would …

Revisiting The Revolution: Reintegrating The Wealth Transmission System, Melanie B. Leslie, Stewart E. Sterk

Articles

Thirty years ago, John Langbein published "The Nonprobate Revolution and the Future of Succession." The article celebrated testators' newfound ability to avoid the expense and delay of the probate court system by holding assets in a variety of non-probate devices, such as retirement and bank accounts with beneficiary designations and revocable trusts. Langbein high-lighted problems the revolution might generate and predicted how they might be resolved. Since then, significant problems have indeed developed. First, wills law doctrines designed to effectuate intent of testators have not been universally extended to non-probate transfers. Second, the fragmentation of the wealth transmission process has …

Pay For Play: The Compensated Leisure Flaw Of Contract Damages, Mitchell L. Engler

Articles

Contract damages aim to leave the injured party in as good a position as if the contract had been fulfilled. But discharged laborers often obtain a much better result due to the lack of a reduction for their excused work effort on breach. After first exposing the problematic ramifications of this unjustified deviation, this Article then provides two workable corrections.

Why Instrumentalism Matters, Kyron Huigens

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No abstract provided.

Redressing Hiv/Aids Discrimination In Nigeria: The Implications Of The Anti-Discrimination Act Of 2015, Ngozi Okidegbe

Articles

No abstract provided.

Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich

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No abstract provided.

Why Instrumentalism Matters, Kyron J. Huigens

Articles

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.

Is There A Way Out Of The Non-International Detention Dilemma?, Gabor Rona

Articles

The article addresses the legal ambiguities surrounding detention in non-international armed conflicts (NIACs), highlighting the lack of explicit rules under international humanitarian law (IHL) and the challenges posed by the extraterritorial application of human rights law. It critiques the argument that detention authority can be implied from the right to target under IHL and advocates for reform to establish clear legal frameworks for detention in NIACs, ensuring compliance with human rights protections.

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Articles

This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …

The Child Quasi-Witness, Richard D. Friedman, Stephen J. Ceci

Articles

This Essay provides a solution to the conundrum of statements made by very young children and offered against an accused in a criminal prosecution. Currently prevailing doctrine allows one of three basic outcomes. First, in some cases the child testifies at trial. But this is not always feasible, and when it is, cross-examination is a poor method for determining the truth. Second, evidence of the child's statement may be excluded, which denies the adjudicative process of potentially valuable information. Third, the evidence may be admitted without the child testifying at trial, which leaves the accused with no practical ability to …

Factors Affecting The Academic Performance Of Optometry Students In Mozambique., James Loughman, Kajal Shah, Kovin Naidoo, Luigi Bilotto

Articles

Purpose. The Mozambique Eyecare Project is a higher education partnership for the development, implementation, and evaluation of a model of optometry training at UniLu´ rio in Mozambique. There are many composite elements to the development of sustainable eye health structures, and appropriate education for eye health workers remains a key determinant of successful eye care development. However, from the first intake of 16 students, only 9 students graduated from the program, whereas only 6 graduated from the second intake of 24 students. This low graduation rate is attributable to a combination of substandard academic performance and student dropout. The aim …

Beyond Max Weber: The Need For A Democratic (Not Aristocratic) Theory Of The Modern State, William J. Novak

Articles

We cannot wish (or think) away the modern state any more than the postwar generation could wish away atomic power. And we cannot ignore the state in our efforts to come to terms with modern economy and society any more than we can ignore equally difficult concepts like modern capitalism or modern law. Attempts to try to reckon with modernity in lieu of hard thinking about such abstract concepts will probably end up deploying some overdetermined and cartoonish causation of a mainly biographical or interest-group sort. Or, like libertarianism, neoliberalism, or other popular anti-statist credos, they will leave us with …

Cancellation Of Debt And Related Transactions, Douglas A. Kahn, Jeffrey H. Kahn

Articles

If a taxpayer borrows money, the borrowed funds are not included in the taxpayer's gross income. That treatment is proper even though the taxpayer has increased his assets by the amount he borrowed because he also has created a corresponding liability to pay back the loan. The taxpayer's net: wealth has not increased. 'The more difficult and interesting questions arise when the taxpayer fails to repay the loan. At first blush, it would appear that upon cancellation of a loan, the taxpayer should have income for the amount that was cancelled. However, the current tax treatment is not that simple. …

Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield

Articles

It is now a commonplace among historians that American criminal jurisprudence underwent a dramatic change something like two-thirds to three-quarters into the last century. Roughly, this development is understood as a shift (or drift) from a more-or-less pure consequentialism to a "mixed theory" wherein retributivism played a major-at times, dominant-role. As the new paradigm remains intact, now approaching a half-century, the development qualifies as a significant historical fact. The fact applies not only to the history of justification for punishment but also to conceptions of the underlying principle of (basis for) responsibility. The two are rightly distinguished: for many scholars …

Campbell At 21/Sony At 31, Jessica D. Litman

Articles

When copyright lawyers gather to discuss fair use, the most common refrain is its alarming expansion. Their distress about fair use’s enlarged footprint seems completely untethered from any appreciation of the remarkable increase in exclusive copyright rights. In the nearly forty years since Congress enacted the 1976 copyright act, the rights of copyright owners have expanded markedly. Copyright owners’ demands for further expansion continue unabated. Meanwhile, they raise strident objections to proposals to add new privileges and exceptions to the statute to shelter non-infringing uses that might be implicated by their expanded rights. Copyright owners have used the resulting uncertainty …

A Class Of High-Order Runge-Kutta-Chebyshev Stability Polynomials, Stephen O'Sullivan

Articles

The analytic form of a new class of factorized Runge-Kutta-Chebyshev (FRKC) stability polynomials of arbitrary order N is presented. Roots of FRKC stability polynomials of degree L = MN are used to construct explicit schemes comprising L forward Euler stages with internal stability ensured through a sequencing algorithm which limits the internal amplification factors to ~ L². The associated stability domain scales as M² along the real axis. Marginally stable real-valued points on the interior of the stability domain are removed via a prescribed damping procedure. By construction, FRKC schemes meet all linear order conditions; for nonlinear …

Functional Conservation Of An Ancestral Pellino Protein In Helminth Species, Christopher Cluxton, Brian Caffrey, Gemma Kinsella, Paul Moynagh, Mario Fares, Padraic Fallon

Articles

The immune system of H. sapiens has innate signaling pathways that arose in ancestral species. This is exemplified by the discovery of the Toll-like receptor (TLR) pathway using free-living model organisms such as Drosophila melanogaster. The TLR pathway is ubiquitous and controls sensitivity to pathogen-associated molecular patterns (PAMPs) in eukaryotes. There is, however, a marked absence of this pathway from the plathyhelminthes, with the exception of the Pellino protein family, which is present in a number of species from this phylum. Helminth Pellino proteins are conserved having high similarity, both at the sequence and predicted structural protein level, with that …

Student Attitudes To An Online, Peer-Instruction, Revision Aid In Science Education, Barry Ryan, Aaron Mac Raighne, Morag Casey, Robert Howard

Articles

Peer instruction has been shown to have a positive effect on students’ engagement and learning. However, many of the techniques designed to incorporate peer instruction into the student experience are very heavy on resources. PeerWise is a free, low-maintenance, web-tool designed to allow peer instruction between students within a large class group. Students can write, answer and discuss Multiple Choice Questions (MCQs) based on their work in-class.

In this study, we introduce PeerWise to a wide and varied cohort of science students (N=509) across different disciplines, undergraduate years, levels (certificate to honours degree) and institutes. The attitudes of the students …