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Articles 2971 - 3000 of 8250
Full-Text Articles in Entire DC Network
Training The New Litigator: Some Assembly Required, Leonard M. Niehoff
Training The New Litigator: Some Assembly Required, Leonard M. Niehoff
Articles
The financial crisis of 2008 brought the legal profession to a crossroads. Indeed, it brought the profession to so many crossroads that we awoke to find ourselves in a surreal cityscape that seemed to consist of nothing but dangerous intersections. Law firms faced tough decisions about which way to go: Should we get smaller, or stay the course, or take advantage of the buyer's market for new and lateral hires? Should we jettison struggling clients or stand beside them? Should we cut budgets for business development, or do we need them now more than ever? Should we pursue some practice …
Zombies Among Us: Injunctions In Defamation Cases Come Back From The Dead, Jim Stewart, Leonard M. Niehoff
Zombies Among Us: Injunctions In Defamation Cases Come Back From The Dead, Jim Stewart, Leonard M. Niehoff
Articles
Here's a scary thought: an individual, unhappy with negative statements that have been made about him, sues for defamation and persuades the trial court to issue an injunction prohibiting the speaker from engaging in that speech again. An appellate court reviews the injunction and, in large measure, upholds it. This creepy scenario brings shudders to free speech and media advocates, who have long viewed such injunctions as prior restraints that the First Amendment forbids in all but the most extreme and extraordinary cases. As a recent decision from the Michigan Court of Appeals demonstrates, however, decades of United States Supreme …
Global Administrative Law And The Post-Crisis Financial Order, Michael S. Barr
Global Administrative Law And The Post-Crisis Financial Order, Michael S. Barr
Articles
The global financial crisis caused widespread harm not just to the financial system, but also to millions of households and businesses, and to the global economy.1 The crisis revealed substantive, fundamental weaknesses in global financial regulation, and raised serious questions about whether national regulators and the international financial regulatory system could ever be up to the task of overseeing global finance. The Bretton Woods institutions (the International Monetary Fund, the World Bank, and the World Trade Organization) were never really equipped to deal with the growing complexity, breadth, and size of the global financial system, and instead left rulemaking and …
Hollowed-Out Democracy, Kate Andrias
Hollowed-Out Democracy, Kate Andrias
Articles
Professors Joseph Fishkin’s and Heather Gerken’s essay for this symposium, The Two Trends That Matter for Party Politics, along with the larger project of which it is a part, marks a notable turn (or return) in the law-of-democracy field. Unlike much recent scholarship, Fishkin’s and Gerken’s work does not offer a comprehensive theory of corruption or equality, but instead analyzes the relationship between campaign finance law and the actual functioning of political parties in our democracy. In brief, Fishkin and Gerken tell us that our contemporary political parties are at once highly polarized and oddly weak. They claim this is …
The Tempting Of Antitrust: Robert Bork And The Goals Of Antitrust Policy, Daniel A. Crane
The Tempting Of Antitrust: Robert Bork And The Goals Of Antitrust Policy, Daniel A. Crane
Articles
Of all Robert Bork’s many important contributions to antitrust law, none was more significant than his identification of economic efficiency, disguised as consumer welfare, as the sole normative objective of U.S. antitrust law. The Supreme Court relied primarily on Bork’s argument that Congress intended the Sherman Act to advance consumer welfare in making its landmark statement in Reiter v. Sonotone that “Congress designed the Sherman Act as a ‘consumer welfare prescription.’” This singular normative vision proved foundational to the reorientation of antitrust law away from an interventionist, populist, Brandeisian, and vaguely Jeffersonian conception of antitrust law as a constraint on …
Judicial Takings: Musings On Stop The Beach, James E. Krier
Judicial Takings: Musings On Stop The Beach, James E. Krier
Articles
Judicial takings weren’t much talked about until a few years ago, when the Stop the Beach case made them suddenly salient. The case arose from a Florida statute, enacted in 1961, that authorizes public restoration of eroded beaches by adding sand to widen them seaward. Under the statute, the state has title to any new dry land resulting from restored beaches, meaning that waterfront owners whose land had previously extended to the mean high-tide line end up with public beaches between their land and the water. This, the owners claimed, resulted in a taking of their property, more particularly their …
Private Control Over Access To Public Law: The Perplexing Federal Regulatory Use Of Private Standards, Nina A. Mendelson
Private Control Over Access To Public Law: The Perplexing Federal Regulatory Use Of Private Standards, Nina A. Mendelson
Articles
To save resources and build on private expertise, federal agencies have incorporated privately drafted standards into thousands of federal regulations — but only by “reference.” These standards range widely, subsuming safety, benefits, and testing standards. An individual who seeks access to this binding law generally cannot freely read it online or in a governmental depository library, as she can the U.S. Code or the Code of Federal Regulations. Instead, she generally must pay a significant fee to the drafting organization, or else she must travel to Washington, D.C., to the Office of the Federal Register’s reading room. This law, under …
The Jurisprudence Of Union, Gil Seinfeld
The Jurisprudence Of Union, Gil Seinfeld
Articles
The primary goal of this Article is to demonstrate that the interest in national unity does important, independent work in the law of vertical federalism. We have long been accustomed to treating union as a constitutionally operative value in cases involving the duties states owe one another (i.e. horizontal federalism cases), but in cases involving the relationship between the federal government and the states, the interest in union is routinely ignored. This Article shows that, across a wide range of cases relating to the allocation of power between the federal government and the states, the states are constrained by a …
Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress
Who's In Charge Of Global Finance?, Michael S. Barr
Who's In Charge Of Global Finance?, Michael S. Barr
Articles
The global financial crisis caused widespread harm not just to the financial system, but also to millions of households and businesses and to the global economy. The crisis revealed substantive, fundamental weaknesses in global financial regulation and raised serious questions about whether national regulators and the international financial regulatory system could ever be up to the task of overseeing global finance. This Article analyzes post-crisis reforms with two questions in mind: First, how can we build an effective international financial architecture with more than one architect? Second, can we build a system that is legitimate and accountable? The Article suggests …
The Mold That Shapes Hearsay Law, Richard D. Friedman
The Mold That Shapes Hearsay Law, Richard D. Friedman
Articles
In response to an article previously published in the Florida Law Review by Professor Ben Trachtenberg, I argue that the historical thesis of Crawford v. Washington is basically correct: The Confrontation Clause of the Sixth Amendment reflects a principle about how witnesses should give testimony, and it does not create any broader constraint on the use of hearsay. I argue that this is an appropriate limit on the Clause, and that in fact for the most part there is no good reason to exclude nontestimonial hearsay if live testimony by the declarant to the same proposition would be admissible. I …
Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr
Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr
Articles
This Article critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise- condemned discrimination, sanitized by scientific language. To demonstrate that this practice raises serious constitutional concerns, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that the policy is not justified by countervailing state interests, I review the empirical evidence underlying the instruments. I show that …
Towards A Computational Analysis Of Probabilistic Argumentation Frameworks, Pierpaolo Dondio
Towards A Computational Analysis Of Probabilistic Argumentation Frameworks, Pierpaolo Dondio
Articles
In this paper we analyze probabilistic argumentation frameworks (PAFs), defined as an extension of Dung abstract argumentation frameworks in which each argument n is asserted with a probability p(n). The debate around PAFs has so far centered on their theoretical definition and basic properties. This work contributes to their computational analysis by proposing a first recursive algorithm to compute the probability of acceptance of each argument under grounded and preferred semantics, and by studying the behavior of PAFs with respect to reinstatement, cycles and changes in argument structure. The computational tools proposed may provide strategic information for agents selecting the …
Using Structure-Based Organic Chemistry Online Tutorials With 2 Automated Correction For Student Practice And Review, Timothy O'Sullivan, Gráinne Hargaden
Using Structure-Based Organic Chemistry Online Tutorials With 2 Automated Correction For Student Practice And Review, Timothy O'Sullivan, Gráinne Hargaden
Articles
This article describes the development and implementation of an open-access organic chemistry question bank for online tutorials and assessments at University College Cork and Technological University Dublin. SOCOT (structure-based organic chemistry online tutorials) may be used to supplement traditional small-group tutorials, thereby allowing students to develop essential problem-solving skills in organic chemistry. This online approach may be used for both formative and summative assessment. Students complete one problem set weekly or fortnightly, which consists of a number of questions of varying difficulty. A wide range of question types is possible; for example, prediction of reaction products, identification of reaction intermediates …
Dielectric Barrier Discharge Atmospheric Cold Plasma For Inactivation Of Pseudomonas Aeruginosa Biofilms, Dana Ziuzina, Sonal Patil, Patrick J. Cullen, Daniela Boehm, Paula Bourke
Dielectric Barrier Discharge Atmospheric Cold Plasma For Inactivation Of Pseudomonas Aeruginosa Biofilms, Dana Ziuzina, Sonal Patil, Patrick J. Cullen, Daniela Boehm, Paula Bourke
Articles
In recent years, atmospheric cold plasma (ACP) has been widely investigated for potential application as an alternative decontamination technology in biomedical and healthcare sectors. In this study, the antimicrobial efficacy of ACP against Pseudomonas aeruginosa biofilms was investigated. The 48-h biofilms were treated inside sealed polypropylene containers with a high-voltage dielectric barrier discharge (DBD) ACP (80 kVRMS) and subsequently stored for 24 h at room temperature. Treatment for 60 s by either the direct or indirect mode of ACP exposure (inside or outside plasma discharge, respectively) reduced bacterial populations by an average of 5.4 log cycles from an initial 6.6 …
Graduate Teaching Assistants; Critical Colleagues Or Casual Components In The Undergraduate Learning Laboratory? An Exploration Of The Role Of The Postgraduate Teacher In The Sciences., Barry Ryan
Articles
Laboratory training is key to many science subjects and those that teach the practical laboratory skills maintain a pivotal role in undergraduate science training. Graduate Teaching Assistants (GTAs) are regularly used in higher education institutes to teach these practical lab skills. The GTA can be involved in both laboratory teaching and assessing all levels of undergraduates. This varied and challenging role requires support from the institute and if appropriately provided the learning experience can be rewarding not only for the undergraduate, but also for the GTA. In this review, the critical role of the laboratory GTA will be examined, their …
Play Hard, Work Harder. Alternative Reality Game And Scenario Based Assessments For Learning., Barry Ryan
Play Hard, Work Harder. Alternative Reality Game And Scenario Based Assessments For Learning., Barry Ryan
Articles
In this paper, an evaluative case study is detailed as an example of alternative reality game and scenario based assessments for learning. This pedagogic approach is evaluated and recommendations for practice offered. Integrating technology into the assessment process, and final student product, influenced the chosen pedagogy. The use of technology permitted this assessment approach to be adopted for a medium sized (n=40) student cohort. The use of wikis, eportfolios and digital reflective diaries were central to creating a learning environment that centralised the student and allowed them to construct and create their knowledge through scaffolded alternative reality games and scenarios. …
Safety Risk Registers: Challenges And Guidance, Nora Balfe, Maria Chiara Leva, Brian Mcaleer, Michael Rocke
Safety Risk Registers: Challenges And Guidance, Nora Balfe, Maria Chiara Leva, Brian Mcaleer, Michael Rocke
Articles
A risk database, or risk register, is a central tool for organisations to use to monitor and reduce risks, both those identified during initial safety assessments and those emerging during operations (Whipple and Pitblado, 2010). The risk register should contain all analysed risks and should prioritise the areas that require managerial attention. When populated with information on each risk, including risk ranking, the risk register can be analysed to present the risk profile for different aspects of the organisation (Filippin and Dreher, 2004). When reviewed and updated over time, it can also be analysed to present trends within the risk …
Modelling The Reporting Culture Within A Modern Organisation, Ewan Douglas, Samuel Cromie, Maria Chiara Leva, Nora Balfe
Modelling The Reporting Culture Within A Modern Organisation, Ewan Douglas, Samuel Cromie, Maria Chiara Leva, Nora Balfe
Articles
Research shows that there are many factors that can influence the operation of a “Reporting Culture” within organisations, ranging from the attitudes to the workers, to the methodology implemented, to the managerial attitudes within the organisation (Reason, 1998). Understanding and modelling these factors may help develop an optimum reporting system. Historically, research has focused on the concept of “Near Miss Reporting” which is based on the idea of identifying the “bottom” of the safety triangle concept put forward in Heinrich (1941) which suggests that for each accident there are dozens of near misses, and identifying these near misses will hopefully …
Human Factors Engineering At Design Stage: Is There A Need For More Structured Guidelines And Standards?, Farzad Naghdali, Maria Chiara Leva, Nora Balfe, Samuel Cromie
Human Factors Engineering At Design Stage: Is There A Need For More Structured Guidelines And Standards?, Farzad Naghdali, Maria Chiara Leva, Nora Balfe, Samuel Cromie
Articles
Human Factors Engineering (HFE) focuses on the application of human factors knowledge to the design and construction of socio-technical systems. The objective is to ensure systems are designed so as to optimise the human contribution to production and minimise potential f r design-induced risks to health, personal or process safety or environmental performance (OGP, 2011). The ISO standard ISO 9241-210 (2010), Ergonomics of human-system interaction, requires that all new facilities projects apply the principles of Human Factors Engineering (HFE) during early design stages. In practice this means ensuring, as a minimum, that every new facilities project is screened in collaboration …
Multi-Criteria Approach Using Simulation-Based Balanced Scorecard For Supporting Decisions In Health-Care Facilities: An Emergency Department Case Study, Waleed Abo-Hamad, Amr Arisha
Multi-Criteria Approach Using Simulation-Based Balanced Scorecard For Supporting Decisions In Health-Care Facilities: An Emergency Department Case Study, Waleed Abo-Hamad, Amr Arisha
Articles
Health research is a priority in every economy, and this research – set in the context of building a more sustainable and efficient health-care system – examines how operations management practices can be translated to clinical applications. Health-care systems in general (and emergency departments (EDs) in particular) around the world are facing enormous challenges in meeting the increasingly conflicting objectives of providing wide accessibility and delivering high-quality services efficiently and promptly. The framework proposed in this study integrates simulation modelling, the Balanced Scorecard, and multicriteria decision analysis with the aim of providing a decision support system for health-care managers. Using …
Prosecutor V. Taylor, Charles Chernor Jalloh, David P. Stewart
Prosecutor V. Taylor, Charles Chernor Jalloh, David P. Stewart
Articles
No abstract provided.
Secession And Nullification In The Twenty-First Century, Mark E. Brandon
Secession And Nullification In The Twenty-First Century, Mark E. Brandon
Articles
No abstract provided.
Cell Survival And Dna Damage In Normal Prostate Cells Irradiated Out-Of-Field, L. Shields, I. Vega-Carrascal, S. Singleton, F. M. Lyng, B. Mcclean
Cell Survival And Dna Damage In Normal Prostate Cells Irradiated Out-Of-Field, L. Shields, I. Vega-Carrascal, S. Singleton, F. M. Lyng, B. Mcclean
Articles
Interest in out-of-field radiation dose has been increasing with the introduction of new techniques, such as volumetric modulated arc therapy (VMAT). These new techniques offer superior conformity of high-dose regions to the target compared to conventional techniques, however more normal tissue is exposed to low-dose radiation with VMAT. There is a potential increase in radiobiological effectiveness associated with lower energy photons delivered during VMAT as normal cells are exposed to a temporal change in incident photon energy spectrum. During VMAT deliveries, normal cells can be exposed to the primary radiation beam, as well as to transmission and scatter radiation. The …
Photocatalytic Activity Indicator Inks For Probing Awide Range Of Surfaces, Andrew Mills, James Hepburn, David Hazafy, Christopher O'Rourke, Nathan Wells, Josef Krysa, Michal Baudys, Martin Zlamal, Hana Bartkova, Claire Hill, Kim Winn, Morten Simonsen, Erik Sogaard, Swagata Banerjee, Rachel Fagan, Suresh Pillai
Photocatalytic Activity Indicator Inks For Probing Awide Range Of Surfaces, Andrew Mills, James Hepburn, David Hazafy, Christopher O'Rourke, Nathan Wells, Josef Krysa, Michal Baudys, Martin Zlamal, Hana Bartkova, Claire Hill, Kim Winn, Morten Simonsen, Erik Sogaard, Swagata Banerjee, Rachel Fagan, Suresh Pillai
Articles
tThree photocatalyst inks based on the redox dyes, Resazurin (Rz), Basic Blue 66 (BB66) and Acid Violet 7(AV7), are used to assess the photocatalytic activities of a variety of different materials, such as commercial paint, tiles and glass and laboratory made samples of sol–gel coated glass and paint, which collectively exhibit a wide range of activities that cannot currently be probed by any one of the existing ISO tests.Unlike the ISO tests, the ink tests are fast (typicallymin), simple to employ and inexpensive. Previous work indicates that the Rz ink test at least correlates linearly with other photocatalytic tests such …
Rodrigo's Equation: Race, Capitalism, And The Search For Reform, Richard Delgado
Rodrigo's Equation: Race, Capitalism, And The Search For Reform, Richard Delgado
Articles
No abstract provided.
When Bank Examiners Get It Wrong: Financial Institution Appeals Of Material Supervisory Determinations, Julie Andersen Hill
When Bank Examiners Get It Wrong: Financial Institution Appeals Of Material Supervisory Determinations, Julie Andersen Hill
Articles
Banks and credit unions sometimes complain that the examination process regulators use to police banking practices is oppressive. These financial institutions complain that regulators reach unduly negative examination conclusions known as "material supervisory determinations." Institutions are wary because negative determinations can subject an institution to further regulatory scrutiny or enforcement actions. To guard against erroneous determinations, Congress, in 1994, enacted a statute requiring federal financial institution regulators to provide an appeals process. Each of the four regulators (the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corporation, and the National Credit Union Administration) adopted …
Legal Mirrors Of Entrepreneurship, Mirit Eyal-Cohen
Legal Mirrors Of Entrepreneurship, Mirit Eyal-Cohen
Articles
Small businesses are regarded the engine of the economy But just what is a small business Depending on where one looks in the law the definitions vary and they differ from one section to another Unfortunately what these various size classifications fail to assess are the policy considerations and the legislative intent for granting regulatory preferences to small concerns to begin with In the last century the US government has been cultivating one such policy of fiscal and economic growth Consequently Congress and private institutions have been acting to incentivize support and reward entrepreneurship through the law in order to …
Concern-Driven Integrated Toxicity Testing Strategies For Nanomaterials - Report Of The Nanosafety Cluster Working Group 10, Hugh Byrne, Agnes G. Oomen, Peter M.J. Bos, Teresa F. Fernandes, Kerstin Hund-Rinke, Diana Boraschi, Karin Aschberger, Stefania Gottardo, Frank Von Der Kammer, Dana Kühnel, Danail Hristozov, Antonio Marcomini, Lucia Migliore
Concern-Driven Integrated Toxicity Testing Strategies For Nanomaterials - Report Of The Nanosafety Cluster Working Group 10, Hugh Byrne, Agnes G. Oomen, Peter M.J. Bos, Teresa F. Fernandes, Kerstin Hund-Rinke, Diana Boraschi, Karin Aschberger, Stefania Gottardo, Frank Von Der Kammer, Dana Kühnel, Danail Hristozov, Antonio Marcomini, Lucia Migliore
Articles
Bringing together topic-related European Union-(EU)-funded projects, the so-called “NanoSafety Cluster” aims at identifying key areas for further research on risk assessment procedures for nanomaterials (NM). The outcome of NanoSafety Cluster Working Group 10, this commentary presents a vision for concern-driven integrated approaches for the (eco-)toxicological testing and assessment (IATA) of NM. Such approaches should start out by determining concerns, i.e. specific information needs for a given NM based on realistic exposure scenarios. Recognized concerns can be addressed in a set of tiers using standardized protocols for NM preparation and testing. Tier 1 includes determining physico-chemical properties, non-testing (e.g. structure …
Effect Of Substrate Choice And Tissue Type On Tissue Preparation For Spectral Histopathology By Raman Microspectroscopy, Hugh Byrne, Leanne M. Fullwood, Dave Griffiths, Katherine Ashton, Timothy Dawson, Robert W. Lea, Charles Davis, Franck Bonnier, Matthew J. Baker
Effect Of Substrate Choice And Tissue Type On Tissue Preparation For Spectral Histopathology By Raman Microspectroscopy, Hugh Byrne, Leanne M. Fullwood, Dave Griffiths, Katherine Ashton, Timothy Dawson, Robert W. Lea, Charles Davis, Franck Bonnier, Matthew J. Baker
Articles
Raman spectroscopy is a non-destructive, non-invasive, rapid and economical technique which has the potential to be an excellent method for the diagnosis of cancer and understanding disease progression through retrospective studies of archived tissue samples. Historically, biobanks are generally comprised of formalin fixed paraffin preserved tissue and as a result these specimens are often used in spectroscopic research. Tissue in this state has to be dewaxed prior to Raman analysis to reduce paraffin contributions in the spectra. However, although the procedures are derived from histopathological clinical practice, the efficacy of the dewaxing procedures that are currently employed is questionable. Ineffective …