Digital Commons Network^™

Standing In The Shadow Of Congress, William Baude

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No abstract provided.

The Structural Function Of The Sixth Amendment Right To Counsel Of Choice, John Rappaport

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No abstract provided.

Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers, Gabriel Rauterberg, Eric Talley

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For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few “mandatory” rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the duty of loyalty: the corporate opportunities doctrine. Other states have since followed Delaware’s lead, similarly permitting firms to execute “corporate opportunity waivers.” Surprisingly, more than fifteen years into this reform experiment, no study has attempted to either systematically measure the corporate response to these reforms or …

Emotions In The Early Common Law (C. 1166–1215), John Hudson

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Beyond dealing with wrongdoing and litigation, law has many other functions. It can be designed to make life more predictable, it can facilitate and promote certain actions, it can seek to prevent disputes by laying down rules, and provide routes to solutions other than litigation should disputes arise. All of these can have connections to matters of emotion. Using both lawbooks and records of cases from the Angevin period, the present article begins by looking at issues of land law rather than crime, and at law outside rather than inside court. It then returns to crime and litigation before exploring …

Extraoral Maxillofacial Prosthesis Implant Retention Systems: A Critical Review., Hugh Byrne, Marina L. Pimentel

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Objectives: The purpose of this literature review is to provide information on the different available techniques for implant-supported prosthetic retention, which are bar-clip, o-ring or magnets. Through presenting the practitioner preferences reported in literature, although limited from strict comparison due to the heterogeneity of methodologies and studied individuals, this review aims to identify the choices for maxillofacial prosthesis implant retention systems, regarding patient comfort and good aesthetic outcome, as an aid to surgical and prosthetic planning for implant-supported extraoral maxillofacial prosthetics. With proper knowledge of each implant retention system, a practitioner can design a treatment plan which allows for a …

Time Travel, Labour History, And The Null Curriculum: New Design Knowledge For Mobile Augmented Reality History Games, Owen Gottlieb

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This paper presents a case study drawn from design-based research (DBR) on a mobile, place-based augmented reality history game. Using DBR methods, the game was developed by the author as a history learning intervention for fifth to seventh graders. The game is built upon historical narratives of disenfranchised populations that are seldom taught, those typically relegated to the 'null curriculum'. These narratives include the stories of women immigrant labour leaders in the early twentieth century, more than a decade before suffrage. The project understands the purpose of history education as the preparation of informed citizens. In paying particular attention to …

Does A Flatter General Gradient Of Visual Attention Explain Peripheral Advantages And Central Deficits In Deaf Adults?, Vincent J. Samar, Lauren Berger

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Individuals deaf from early age often outperform hearing individuals in the visual periphery on attention-dependent dorsal stream tasks (e.g., spatial localization or movement detection), but sometimes show central visual attention deficits, usually on ventral stream object identification tasks. It has been proposed that early deafness adaptively redirects attentional resources from central to peripheral vision to monitor extrapersonal space in the absence of auditory cues, producing a more evenly distributed attention gradient across visual space. However, little direct evidence exists that peripheral advantages are functionally tied to central deficits, rather than determined by independent mechanisms, and previous studies using several attention …

Rethinking Criminal Contempt, John A.E. Pottow, Jason S. Levin

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It is of course too early to tell whether we are in a new era of bankruptcy judge (dis)respectability. Only time will tell. But this Article performs a specific case study, on one discrete area of bankruptcy court authority, based upon a particular assumption in that regard. The assumption is this: certain high-salience judicial events-here, the recent Supreme Court bankruptcy judge decisions, coupled with earlier constitutional precedents involving the limits of Article III-can trigger overreaction and hysteria. Lower courts may read these Supreme Court decisions as calling into question the permissibility of certain bankruptcy court practices under the Constitution, and …

Meiosis: A Play In Three Acts, Starring Dna Sequence, Dina L. Newman, Leslie Kate Wright

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Meiosis is well known for being a sticky topic that appears repeatedly in biology curricula. We observe that a typical undergraduate biology major cannot correctly identify haploid and diploid cells or explain how and why chromosomes pair before segregation. We published an interactive modeling lesson with socks to represent chromosomes and demonstrated that it could improve student understanding of ploidy (1). Here we present an improvement on that lesson, using DNA paper strips in place of socks to better demonstrate how and why crossing over facilitates proper segregation. During the lesson, student volunteers act out the roles of chromosomes while …

Old World Readings Of A New World Novel: European Perspectives On John Updike's Terrorist, Laurence Mazzeno, Sue Norton

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Given the diverse and polarized reaction by reviewers and scholars in the decade immediately following its publication, John Updike’s 2006 novel, Terrorist, is likely to become a textbook case for reception studies. In reception studies, differences in space (in Updike’s case, globally) and time play an important role in shaping a reader’s reaction to a text.1 Within months of its publication, Terrorist generated hundreds of reviews in dozens of countries around the globe; scholarly articles began appearing less than a year later. Most notable is not simply the sheer number of publications devoted wholly or in part to this novel, …

From Grace To Grids: Rethinking Due Process Protections For Parole., Kimberly A. Thomas, Paul D. Reingold

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Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark changes …

A Practical And Historical Guide To Johann Sebastian Bach’S Solo In A Minor Bwv 1013, Douglas Worthen

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This study guide gives practical suggestions for developing both technical proficiency and artistic interest in one of the flute's most iconic works, Bach's solo for flute BWV1013. Source material includes practice suggestions inspired by today's performers as well as historical scholarship. Structural analysis, articulation, breathing, and phrasing will be addressed.

Conviction Integrity Units Revisited, Barry Scheck

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“Conviction Integrity Unit” has become a brand name that has good public relations value for an elected official. But what does it really mean? Is it just a fashion accessory, a flashy but empty appellation intended to convey the idea that the office is extremely serious about correcting wrongful convictions and holding its own members accountable for errors or acts of misconduct, but really is not? Is conviction integrity nothing more than a passing fad, a nebulous slogan without real meaning that is good for propaganda purposes, but will not bring about any serious change in the way business is …

Concepts Before Percepts: The Central Place Of Doctrine In Legal Scholarship, Richard A. Epstein

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No abstract provided.

Sovereign Immunity And The Constitutional Text, William Baude

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No abstract provided.

Too Big To Disclose: Firm Size And Materiality Blindspots In Securities Regulation, George S. Georgiev

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This Article argues that the securities disclosure regime contains previously unexamined structural deficiencies that pertain to the information provided by the largest public companies. These deficiencies arise from the operation of the materiality standard, a core element of the disclosure regime that is used in a number of SEC disclosure rules. The materiality standard is designed to limit firms' disclosure to information that would be of importance to investors, and to prevent the overproduction of information. I suggest, however, that in the case of large firms the materiality standard can also lead to the underdisclosure of information-or to "materiality blindspots." …

Speaking Law: Towards A Nuanced Analysis Of 'Cases', Susanne Baer

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“The headscarf case” is more than just a case. Talking law is often talking cases, but we need to understand law more specifically as a powerful practice of regulation. Law is also not only another discourse, or just text, or politics, with fundamental rights as “an issue,” or a promise, or just an idea. Instead, to protect fundamental rights, it is necessary to understand how in reacting to a conflict, we in fact speak rights today—Rechtsprechung—as a form of practice. The German Federal Constitutional Court’s decision in the conflict about female teachers wearing headscarves in German public schools may be …

Collaboration With Deaf Communities To Conduct Accessible Health Surveillance, Steven L. Barnett, Kelly A. Mathews, Erika J. Sutter, Lori A. Dewindt, Jacqueline A. Pransky, Amanda M. O'Hearn, Tamala M. David, Robert Q. Pollard, Vincent J. Samar, Thomas A. Pearson

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Introduction Populations of deaf sign language users experience health disparities unmeasured by current public health surveillance. Population-specific health data are necessary to collaboratively identify health priorities and evaluate interventions. Standardized, reproducible, and language-concordant data collection in sign language is impossible via written or telephone surveys. Methods Deaf and hearing researchers, community members, and other stakeholders developed a broad computer-based health survey based on the telephone-administered Behavioral Risk Factor Surveillance System. They translated survey items from English to sign language, evaluated the translations, and filmed the survey items for inclusion in their custom software. They initiated the second Rochester Deaf Health …

Prosecutorial Discretion Power At Its Zenith: The Power To Protect Liberty, Peter L. Markowitz

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On November 20, 2014, President Obama, frustrated by congressional inaction on immigration, announced an ambitious and potentially transformative prosecutorial discretion policy to forego the deportations of millions of low priority undocumented immigrants. That announcement immediately sparked legal challenges, which quickly wound their way to the Supreme Court, and a nationwide debate about the limits of the President’s prosecutorial discretion authority. President Obama’s actions are part of a larger trend whereby modern presidents have increasingly used robust assertions of prosecutorial discretion powers to achieve policy goals that they could not realize through legislation.

There are clear dangers in allowing a president …

The Law Of Interpretation, William Baude, Stephen E. Sachs

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No abstract provided.

Does International Human Rights Law In African Courts Make A Difference?, Daniel Abebe

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No abstract provided.

Social Class Tensions, Habitus And The Advertising Of Guinness, John Connolly, Paddy Dolan

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Drawing from an Eliasian perspective we examine how an ‘advertising subjectivity’ became more firmly embedded within the bourgeois habitus. We explain how and why advertising slowly developed and expanded within a commercial organization despite initial opposition, ambivalence and even hostility from some of its bourgeois senior management towards the practice – the very social class sometimes identified with advertising’s origins and advance. Our empirical case is based on Arthur Guinness & Sons Ltd, the Irish company which came to be renowned for the alcohol beverage which carried its name – Guinness stout. We explain how the development of advertising was …

Retention Systems For Extraoral Maxillofacial Prosthetic Implants: A Critical Review, M.V. Cobein, N.P. Coto, O. Crivello Junior, J.B.D. Lemos, L.M. Vieira, M.L. Pimentel, Hugh Byrne, R.B. Dias

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We describe the techniques available for retention of implant-supported prostheses: bar-clips, O-rings, and magnets. We present reported preferences and, although this is limited by the heterogeneity of methods used and patients studied, we hope we have identified the best retention systems for maxillofacial prosthetic implants. If practitioners know the advantages and disadvantages of each system, they can choose the most natural and comfortable prosthesis. We searched the PubMed and Scopus databases, and restricted our search to papers published 2001–13. MeSH terms used were Maxillofacial prosthesis and Craniofacial prosthesis OR Craniofacial prostheses. We found a total of 2630 papers, and after …

Combating The Forces Of Evil : Georges Bernanos' Vision Of The Priestly Function, Eamon Maher

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No abstract provided.

An Application For Screening Gradual-Onset Age-Related Hearing Loss, Wayne M. Garrison, Joe Bochner

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Objective. Less than 15% of adults in the USA over age 70 receive hearing screening; less than 20% of adults with hearing loss receive any form of treatment. Reasons vary, but affordability and accessibility are major barriers to intervention and treatment. This study provides data supporting a new adult hearing screening measure (NSRT®) that is self-administered, easy to use and focused on difficulties experienced in everyday speech communication. Methods. The NSRT® test materials are sentence-length utterances containing phonetic contrasts. The test requires respondents to determine whether sentences printed on a computer monitor are the same/different from sentences delivered as auditory …

Using Rapid Reviews In Nursing And Midwifery Research: An Example From A Study Commissioned To Inform Policy-Making, Denise O'Leary, Mary Casey, Laserina O’Connor, Diarmuid Stokes, Gerard Fealy, Denise O’Brien, Rita Smith, Martin Mcnamara, Claire Egan

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Aim: To illustrate the potential use of rapid review approaches in nursing and midwifery research by presenting a worked example from a study conducted to inform policy decision making.

Background: Rapid reviews, which can be defined as outputs of a knowledge synthesis approach that involves modifying or omitting elements of a systematic review process due to limited time or resources, are becoming increasingly popular in health research. This paper provides guidance on how a rapid review can be undertaken and discusses the strengths and challenges of the approach.

Data source and research design: Data from a rapid …

An Investigation Into The Development And Progressive Adaptation Of Graduate Attributes In Tourism Programmes, Louise Bellew, Odette Gabaudan

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As higher education institutes are embracing the notion of graduate attributes, it has become highly desirable to embed these attributes within programmes. This study proposes to investigate students’ views of recently identified graduate attributes in the Dublin Institute of Technology (Ireland), and how they perceive their development and application in their tourism programme. The study supports the idea of the importance of placement in the progressive adaptation of learning and in translating the conception of attributes. While students strongly believe that graduate attributes are developed through the placement experience, it is equally important to embed and strengthen the visibility of …

The Perceptions Of Key Stakeholders Of The Roles Of Specialist And Advanced Nursing And Midwifery Practitioners, Mary Casey, Laserina O'Connor, Emma Nicholson, Rita Smith, Denise O'Brien, Denise O'Leary, Gerard Fealy, Martin Mcnamara, Diarmuid Stokes, Claire Egan

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Aim: To explore the perceptions of key stakeholders of the roles of specialist and advanced nursing and midwifery practitioners. Background: There is evidence that the contribution of these roles to patient care is poorly understood. Design: This research took place over 2 months in 2015 and is part of a larger study involving a rapid review to inform policy development on the specialist and advanced nursing and midwifery practice in Ireland. As an added value, a qualitative element involving thematic analysis was undertaken with key stakeholders. Methods: A phenomenological qualitative study was conducted incorporating semistructured interviews …

Arts And Humanities Research, Redefining Public Benefit, And Research Prioritization In Ireland, Andrew Gibson, Ellen Hazelkorn

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This article looks at the effects of a national policy of research prioritization in the years following Ireland’s economic crisis. A national research prioritization exercise initiated by policymakers redefined the purpose of higher education research, and designed policies in line with this approach. Placing research for enterprise to the fore, it emphasized the economic value that subjects could return on state investments. This article examines the post-crisis policy of prioritization, its relationship with and effects on arts and humanities research, and how the notion of the benefit of research can be broadened while still addressing economic needs. It draws on …

Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham

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A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that "Jewish and Muslim religious life be viable in Germany," and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years …