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Hamiltonian Model For Coupled Surface And Internal Waves In The Presence Of Currents, Rossen Ivanov Jan 2017

Hamiltonian Model For Coupled Surface And Internal Waves In The Presence Of Currents, Rossen Ivanov

Articles

We examine a two dimensional fluid system consisting of a lower medium bounded underneath by a flatbed and an upper medium with a free surface. The two media are separated by a free common interface. The gravity driven surface and internal water waves (at the common interface between the media) in the presence of a depth-dependent current are studied under certain physical assumptions. Both media are considered incompressible and with prescribed vorticities. Using the Hamiltonian approach the Hamiltonian of the system is constructed in terms of ’wave’ variables and the equations of motion are calculated. The resultant equations of motion …


Liberal Internationalism And The Populist Backlash, Eric A. Posner Jan 2017

Liberal Internationalism And The Populist Backlash, Eric A. Posner

Articles

No abstract provided.


Bayh-Dole Beyond Borders, Daniel Hemel, Lisa Larrimore Ouellette Jan 2017

Bayh-Dole Beyond Borders, Daniel Hemel, Lisa Larrimore Ouellette

Articles

No abstract provided.


"Then To Death Walked, Softly Smiling": Violence And Martyrdom In Modern Irish Republican Ballads, Seán Ó Cadhla Jan 2017

"Then To Death Walked, Softly Smiling": Violence And Martyrdom In Modern Irish Republican Ballads, Seán Ó Cadhla

Articles

This article critically considers the representation of death within the song tradition of modern Irish Republicanism. I explore how such representations have changed in parallel with the various ideological metamorphoses that Irish Republicanism has undergone, specifically in the twentieth century. I argue that the centrality of self-sacrifice has resulted in the development of ballad narratives that deliberately obfuscate on the issue of Republican violence, resulting in the deaths of all Republican militants (regardless of cause or context), ultimately portrayed as a form of heroic self-martyrdom.

San alt seo, déantar anailís chriticiúil ar léiriú an bháis i dtraidisiún amhránaíocht Phoblachtach na …


First Amendment Right To A Remedy, Benjamin Plener Cover Jan 2017

First Amendment Right To A Remedy, Benjamin Plener Cover

Articles

Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …


Will Patenting Make As Much Sense In The New Regime Of Weakened Patent Rights And Shorter Product Life Cycles?, David Hricik Jan 2017

Will Patenting Make As Much Sense In The New Regime Of Weakened Patent Rights And Shorter Product Life Cycles?, David Hricik

Articles

After its founding in 1982, the US Court of Appeals for the Federal Circuit strengthened patent protection. During that time, businesses—which acquire 90 percent of all patents—increasingly applied for and enforced patents. Clearly, the benefit of having a patent outweighed the cost of doing so.

This Article shows that a central benefit of applying for a patent is that it permits its owner to exclude others from making the patented invention. A patent owner can use the coercive power of a patent to exclude others from making the invention, or to permit others to make the patented invention, but only …


“Young Men Of Erin, Our Dead Are Calling”: Death, Immortality And The Otherworld In Modern Irish Republican Ballads, Seán Ó Cadhla Jan 2017

“Young Men Of Erin, Our Dead Are Calling”: Death, Immortality And The Otherworld In Modern Irish Republican Ballads, Seán Ó Cadhla

Articles

Irish physical-force Republicanism has long been noted for its tendency to promote the tropes of martyrdom and immortality as core tenets of its ideological belief system. This essay sets out to examine the genre of Republican death ballads so as to identify how such essentialist concepts are represented and promoted within the attendant song tradition. Particular attention will be paid to works that deploy overtly supernatural tropes in order to articulate the key Republican concept of heroic immortality. The present research will demonstrate the consistency with which such narrative devices have been retained within the Republican song tradition into the …


The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli Jan 2017

The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli

Articles

No abstract provided.


A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson Jan 2017

A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson

Articles

No abstract provided.


In Memoriam: M. Cherif Bassiouni, Charles C. Jalloh Jan 2017

In Memoriam: M. Cherif Bassiouni, Charles C. Jalloh

Articles

No abstract provided.


Historical Gloss, Constitutional Convention, And The Judicial Separation Of Powers, Curtis A. Bradley, Neil S. Siegel Jan 2017

Historical Gloss, Constitutional Convention, And The Judicial Separation Of Powers, Curtis A. Bradley, Neil S. Siegel

Articles

Scholars have increasingly focused on the relevance of post-Founding historical practice to discern the separation of powers between Congress and the executive branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branches and the federal judiciary — what this Article calls the “judicial separation of powers.” As the Article explains, there are two ways that historical practice might be relevant to the judicial separation of powers. First, such practice might be invoked as an …


Constitutional Advice And Transnational Legal Order, Tom Ginsburg Jan 2017

Constitutional Advice And Transnational Legal Order, Tom Ginsburg

Articles

No abstract provided.


Constitutions And Foreign Relations Law: The Dynamics Of Substitutes And Complements, Tom Ginsburg Jan 2017

Constitutions And Foreign Relations Law: The Dynamics Of Substitutes And Complements, Tom Ginsburg

Articles

No abstract provided.


Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case Jan 2017

Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case

Articles

No abstract provided.


The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler Jan 2017

The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler

Articles

No abstract provided.


Why Incentives For "Patent Holdout" Threaten To Dismantle Frand, And Why It Matters, Richard A. Epstein, Kayvan B. Noroozi Jan 2017

Why Incentives For "Patent Holdout" Threaten To Dismantle Frand, And Why It Matters, Richard A. Epstein, Kayvan B. Noroozi

Articles

No abstract provided.


The History And Future Of Capital Punishment In The United States, Robert Stein Jan 2017

The History And Future Of Capital Punishment In The United States, Robert Stein

Articles

No abstract provided.


Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser Jan 2017

Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser

Articles

No abstract provided.


Free Speech And National Security Bootstraps, Heidi Kitrosser Jan 2017

Free Speech And National Security Bootstraps, Heidi Kitrosser

Articles

No abstract provided.


The Human Rights Of Non-Citizens: Constitutionalized Treaty Law In Ecuador, Steve Meili Jan 2017

The Human Rights Of Non-Citizens: Constitutionalized Treaty Law In Ecuador, Steve Meili

Articles

No abstract provided.


Interpretive Divergence, Neha Jain Jan 2017

Interpretive Divergence, Neha Jain

Articles

No abstract provided.


Deferring To The Rule Of Law: A Comparative Look At United States Deference Doctrines, Nicholas Bednar, Barbara Marchevsky Jan 2017

Deferring To The Rule Of Law: A Comparative Look At United States Deference Doctrines, Nicholas Bednar, Barbara Marchevsky

Articles

No abstract provided.


Implementing Proportionality, Perry Moriearty Jan 2017

Implementing Proportionality, Perry Moriearty

Articles

Over the last fourteen years, the Supreme Court has issued five decisions that impose substantive constraints on our harshest punishments -- forbidding the execution of those with “mental retardation” in Atkins v. Virginia, of juveniles in Roper v. Simmons, and of those convicted of child sexual assault in Kennedy v. Louisiana, and forbidding the sentence of life without parole for juveniles who had not killed in Graham v. Florida and for all juveniles when it is imposed mandatorily in Miller v. Alabama. Because the offenders in question were categorically less culpable, the proscribed punishment was disproportionately severe, the Court held. …


Review On The Km Applications In Public Organisations, Paul J. Mc Evoy, Mohamed A.F. Ragab, Amr Arisha Jan 2017

Review On The Km Applications In Public Organisations, Paul J. Mc Evoy, Mohamed A.F. Ragab, Amr Arisha

Articles

Abstract: The rise in awareness of knowledge management as a viable organisational resource and potential source of competitive advantage has been the subject of a myriad of research to date. The phenomenon covers a multitude of disciplines, roles and procedures, and its subjectivity has at times mitigated its potential for pertinent study. Add to this mix, the public sector, which exhibits unusual, specific, bureaucratic and insular hierarchies which can make it difficult to assess it from a research perspective, and a pertinent case can be made for investigating the process of implementing knowledge management initiatives in this area.

Today's public …


Analysing Supply Chain Resilience: Integrating The Constructs In A Concept Mapping Framework Via A Systematic Literature Review, Abubakar Ali, Amr Mahfouz, Amr Arisha Jan 2017

Analysing Supply Chain Resilience: Integrating The Constructs In A Concept Mapping Framework Via A Systematic Literature Review, Abubakar Ali, Amr Mahfouz, Amr Arisha

Articles

Purpose: The purpose of this paper is to analyse the concept of supply chain resilience (SCRES) using a concept mapping framework to seek conceptual clarity, with an emphasis on SCRES definitions, essential capabilities, elements and managerial practices.

Design/methodology/approach: A systematic literature review was conducted of 103 peer-reviewed journal articles covering the period from 2000 to 2015, with the aim to identify supply chain resilience concept.

Findings: Through analysis and synthesis of the literature, the study revealed three major constructs used to define resilience in supply chain: SCRES phases, strategies, and capabilities. The study has addressed five core …


Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu Jan 2017

Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu

Articles

This Article compares the natural rights property framework with the international human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition but appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Yet, advocates of a human rights approach to intellectual property contend that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a …


Supreme Court Splits On Grammar And Writing Style, Jill Barton Jan 2017

Supreme Court Splits On Grammar And Writing Style, Jill Barton

Articles

No abstract provided.


The Impact Of L1 Writing System On Esl Knowledge Of Vowel And Consonant Spellings, Katherine I. Martin Jan 2017

The Impact Of L1 Writing System On Esl Knowledge Of Vowel And Consonant Spellings, Katherine I. Martin

Articles

Orthographic knowledge, the general ability to learn, store, and use information about the orthographic form of words (Stanovich & West, 1989), is a crucial skill for supporting literacy. Although the development of first language (L1) orthographic awareness is impacted by the characteristics of a learner’s L1 writing system, relatively little is known about what impact the L1 may have on second language (L2) orthographic awareness. In this study, English language learners from three L1s (French, Hebrew, Mandarin Chinese), plus L1 English speakers, were tested on their English spelling knowledge using a word-pseudohomophone discrimination task. In addition to allowing for the …


Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship Symposium: Conference On The Ethics Of Legal Scholarship, Paul Horwitz Jan 2017

Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship Symposium: Conference On The Ethics Of Legal Scholarship, Paul Horwitz

Articles

No abstract provided.


Addressing Cultural Bias In The Legal Profession, Debra Chopp Jan 2017

Addressing Cultural Bias In The Legal Profession, Debra Chopp

Articles

Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …