Digital Commons Network^™

The Neglected Role Of Justification Under Uncertainty In Corporate Governance And Finance, Claire Hill, Alessio M. Pacces

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No abstract provided.

Gender And The Tournament: Reinventing Antidiscrimination Law In An Age Of Inequality, June Carbone, Nancy Levit, Naomi Cahn

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No abstract provided.

Symbolism And Separation Of Powers In Agency Design, Kristin Hickman

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No abstract provided.

Cheap Sentiment, Claire Hill

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No abstract provided.

Punishing Kids In Juvenile And Criminal Court, Barry Feld

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No abstract provided.

Punishment And Human Dignity: Sentencing Principles For Twenty-First-Century America, Michael Tonry

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No abstract provided.

Strategies Of Public Udap Enforcement, Prentiss Cox, Mark Totten, Amy Widman

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No abstract provided.

Is U.S. Insurance Regulation Unconstitutional?, Daniel Schwarcz

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No abstract provided.

The Declining Fortunes Of American Workers: Six Dimensions And An Agenda For Reform, Stephen Befort

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No abstract provided.

Accountability In The Deep State, Heidi Kitrosser

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No abstract provided.

The Promise And Failure Of Silence As A Shield Against Immigration Enforcement, Linus Chan

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No abstract provided.

Indeconstructible: The Triumph Of The Environmental “Administrative State”, Stephen M. Johnson

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Shortly after the 2017 Presidential inauguration, a senior advisor to the President proclaimed that a top priority of the Administration would be the “deconstruction of the administrative state.” A primary target of the Administration’s deconstruction efforts was the U.S. Environmental Protection Agency (“EPA”) and federal environmental regulations.

While the President can use a variety of tools, including the appointment power, budget power, treaty power, and executive orders, to influence the manner in which the EPA and other agencies interpret and enforce laws, the President has very little power to unilaterally “deconstruct the administrative state.” The “administrative state” is a creation …

A Logical Step Forward: Extending Voluntary Acknowledgments Of Parentage To Female Same-Sex Couples, Jessica Feinberg

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Under current law, stark differences exist between different- and same-sex couples who welcome children into the world with regard to the ease through which the member of the couple who did not give birth to the child is able to obtain legal parent status. While a number of simple, efficient procedures exist for establishing legal parentage for different-sex partners of women who give birth, same-sex partners of women who give birth often have to go through significantly more complex, time-consuming, and expensive procedures in order to establish legal parentage. The inequitable treatment of same-sex couples in establishing legal parentage has …

Fintech: Antidote To Rent-Seeking?, Jeremy Kidd

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Fintech is a reality of our modern society, and will likely become even more so in the future. Peer-to-peer lending, cybercurrencies, smart contracts, algorithmic lending, and more, have required adaptation by consumers and producers of financial services. Our modes of doing business will continue to be challenged and changed by these and other Fintech innovations, almost certainly expanding beyond merely “promot[ing] financial inclusion, expand[ing] access to capital for individuals and small businesses, and more broadly reshap[ing] how society interacts with financial services.” By reducing transaction costs, advancing technology opens the doors to innovations the likes of which we might not …

Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd

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Influential scholars of corporate law have questioned previous federal interventions into corporate governance, calling it quackery. Invoking images of medical malpractice, these critiques have argued persuasively that Congress, in responding to crises, makes policy that disrupts efficient private rules and established state laws. This Article applies the Bootleggers and Baptists theory to show that Dodd–Frank’s hedge fund rules are more than just negligent or reckless, but designed to benefit special interests that compete with the hedge fund model. Those rules offer no solutions to any real or perceived risks arising from hedge fund investing, but might offer an advantage to …

Arsenic In Groundwater In South West Ireland - Occurrence, Controls, And Hydrochemistry, Ellen R. Mcgrory, Emma Holian, Alberto Alvarez-Iglesias, Norma Bargary, Eoin Mcgillicuddy, Henry Tiernan, Liam Morrison

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Globally numerous regions have been identified with elevated arsenic within groundwater which can result in potential adverse health risks. In Ireland, a previous national-scale research assessment of groundwater identified isolated clusters of elevated arsenic and indicated that lithology was a major controlling factor on arsenic in groundwater. Complementary comparisons of national-scale and regional-scale groundwater assessments of arsenic are lacking in Europe when compared to other global regions. The aims of this study were to demonstrate the value of a regional-scale groundwater hydrochemistry dataset with an existing national-scale approach, describe anomalies that can become the focus of attention for public health …

The Involvement Of The Low-Oxygen-Activated Locus Of Burkholderia Cenocepacia In Adaptation During Cystic Fibrosis Infection, Louise Cullen, Andrew O'Connor, Sarah Mccormack, Rebecca A. Owens, Giles S. Holt, Cassandra Collins, Máire Callaghan, Sean Doyle, Darren Smith, Kirsten Schaffer, David A. Fitzpatrick, Siobhan Mcclean

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Chronic infection is a hallmark of cystic fibrosis (CF) related lung disease. Several opportunistic pathogens, such as Pseudomonas aeruginosa and Burkholderia cepacia complex (Bcc) colonise the airways of CF patients impacting significantly on the quality of life and mortality of people with CF. Bcc is a group of 22 genetically distinct, highly antibiotic resistant bacterial species1,2,3,4 associated with a more dramatic decline than P. aeruginosa5,6. About 20% of Bcc colonised patients experience bacteraemia and “cepacia syndrome”, characterised by a sometimes fatal, necrotising pneumonia7. B. cenocepacia is the most virulent Bcc species and although most frequently associated with bacteraemia, this complication …

Management And Follow-Up Of Patients With A Bronchial Neuroendocrine Tumor In The Last Twenty Years In Ireland: Expected Inconsistencies And Unexpected Discoveries, Asta Agasarova, Clare Harnett, Niall Mulligan, Muhammad Shakeel Majeed, Alberto Caimo, Gianluca Tamagno

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Bronchial neuroendocrine tumors (NET) are classified into well-differentiated typical carcinoids (TC), atypical carcinoids (AC), large cell neuroendocrine carcinomas (LCNEC), and small cell lung carcinomas (SCLC). We retrospectively reviewed and analyzed the diagnostic and therapeutic aspects, follow-up data, and outcomes of all patients diagnosed with a bronchial NET from 1995 to 2015 at our institution. Patients with LCNEC or SCLC were excluded due to the biological and clinical differences from the other bronchial NET. The clinical, laboratory, imaging, treatment, and follow-up data were collected and analyzed keeping in mind the recently published international recommendations. Forty-six patients were included in the study. …

Applying Learning: Student Experience Of Research Skills Module, Sorca Mcdonnell

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Social Care students undertake a research methods module with a focus on quantitative methods. A core aim of the module is for students to develop their research skills by applying them to a project. This paper will explore the student experience of engaging in this process and the impact on their learning and skill development. The impact on the students' engagement in the exploration of ethical issues and critical thinking is also explored. Bloom (1956) [2] emphasises the key ways that learning happens, with higher levels focusing on Application, Analysis and Synthesis. This research explores the extent to which completing …

Decrements In Neuromuscular Performance And Increases In Creatine Kinase Impact Training Outputs In Elite Soccer Players, Shane Malone, Bruno Mendes, Brian Hughes, Mark Roe, Simon Devenney, Kieran Collins, Adam Owen

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The aim of the current investigation was to understand the impact of pretraining neuromuscular performance and creatine kinase (CK) status on subsequent training performance in elite soccer players. Thirty soccer players (age: 25.3 ± 3.1 years; height: 183 ± 7 cm; mass: 72 ± 7 kg) were involved in this observational study. Each morning before training, players completed assessments for neuromuscular performance (countermovement jump; CMJ) and CK levels. Global positioning technology provided external load: total distance, high-speed distance, sprint distance, accelerations, decelerations, average metabolic power, explosive distance, and high metabolic power distance (>25.5 W·kg). Mixed-effect linear models revealed significant …

Wellbeing Perception And The Impact On External Training Output Among Elite Soccer Players, Shane Malone, Adam Owen, Matt Newton, Bruno Mendes, Leo Tiernan, Brian Hughes, Kieran Collins

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Objectives: The objective of the investigation was to observe the impact of player wellbeing on the training output of elite soccer players.

Design: Prospective cohort design.

Methods: Forty-eight soccer players (age: 25.3 ± 3.1 years; height: 183 ± 7 cm; mass: 72 ± 7 kg) were involved in this single season observational study across two teams. Each morning, pre-training, players completed customised perceived wellbeing questionnaires. Global positioning technology devices were used to measure external load (total distance, total high-speed running distance, high speed running, player load, player load slow, maximal velocity, maximal velocity exposures). Players reported ratings …

Problem-Based Learning: Student Perceptions Of Its Value In Developing Professional Skills For Engineering Practice, Una Beagon, Dervilla Niall, Eabhnat Ni Fhloinn

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This study explores students’ perceptions of the effectiveness of a Problem-Based Learning (PBL) design project, taken as part of a first-year engineering module, in developing professional skills needed for engineering practice. Students completed surveys before and after the PBL group project, and produced personal reflections on the process. The closed survey questions were analysed quantitatively and the main themes from the reflections outlined using General Inductive Analysis. Students rated themselves as having improved across a range of professional skills as a result of the project, with particular emphasis on teamwork, communication skills, understanding of the design process and self-directed learning. …

High Sensitivity Optical Fiber Sensors For Simultaneous Measurement Of Methanol And Ethanol, Dejun Liu, Rahul Kumarb, Fangfang Wei, Wei Han, Arun Kumar Mallik, Jinhui Yuanc, Shengpeng Wan, Xingdao He, Zhe Kange, Feng Li, Chongxiu Yu, Gerald Farrell, Yuliya Semenova, Qiang Wu

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High sensitivity volatile organic compounds (VOCs) sensors based on a tapered small core single mode fiber (TSCSMF) and a microfiber coupler (MFC) are reported. The TSCSMF had a waist diameter of ~5.1 μm and the MFC had a waist diameter of ~1.9 μm each and both were fabricated using a customized microheater brushing technique. Silica based materials containing immobilized Nile red prepared by sol-gel method with two different recipes (recipe I and recipe II) are investigated. Initially recipe I based coating materials were applied to the surfaces of the TSCSMF and MFC. The experimental results show that the sensor based …

Highly Sensitive Strain Sensor Based On Composite Interference Established Within S-Tapered Multimode Fiber Structure, Ke Tian, Ment Zhang, Gerald Farrell, Ruoning Wang, Elfed Lewis, Pengfei Wang

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In this paper, a novel strain sensor based on composite interference established within an S-tapered multimode (STM) fiber structure is proposed and experimentally demonstrated. The STM fibre structure is simply realized by non-axially tapering a traditional single-mode-multimode-single-mode (SMS) fiber into S-shape using a fusion splicer. This fabricated S-tapered structure provides an extra Mach-Zehnder interferometer (MZI) that is introduced within the multimode fibre (MMF) section; therefore, composite interference based on the inherent multimode interference (MMI) of an SMS and the introduced MZI is successfully established. This resultant composite interference greatly enhances the performance of traditional SMS fibre structures for strain sensing, …

Whispering Gallery Mode Micro Resonators For Multi-Parameter Applications, Arun Mallik, Gerald Farrell, Manjusha Ramakrishnan, Vishnu Kavungal, Dejun Liu, Qiang Wu Prof.

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A novel fiber optic sensing configuration for simultaneously measuring ammonia vapor (NH3) concentration and relative humidity (RH) in air is proposed and experimentally demonstrated. The system comprised two silica whispering gallery mode (WGM) microsphere resonators coated with different polymer layers. One of the microspheres was dip-coated with sol gel silica polymer and another with a 0.5 % wt./vol. agarose hydrogel. WGMs in both microspheres were excited simultaneously by evanescent coupling using a single adiabatic fiber taper. The optical properties of both coating layers change due to their exposure to ammonia and water molecules in the surrounding atmosphere, resulting in the …

Review: The Use Of Real-Time Fluorescence Instrumentation To Monitor Ambient Primary Biological Aerosol Particles (Pbap), Gavin Sewell, David O'Connor, Michael J. Fennelly, Michael B. Prentice, John R. Sodeau

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Primary biological aerosol particles (PBAP) encompass many particle types that are derived from several biological kingdoms. These aerosol particles can be composed of both whole living units such as pollen, bacteria, and fungi, as well as from mechanically formed particles, such as plant debris. They constitute a significant proportion of the overall atmospheric particle load and have been linked with adverse health issues and climatic effects on the environment. Traditional methods for their analysis have focused on the direct capture of PBAP before subsequent laboratory analysis. These analysis types have generally relied on direct optical microscopy or incubation on agar …

Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring

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This Article uses internal memoranda and emails to describe the efforts of the California Department of Mental Health to suppress a serious and well-designed study that showed just 6.5% of untreated sexually violent predators were arrested for a new sex crime within 4.8 years of release from a locked mental facility. The Article begins by historically situating sexually violent predator laws and then explains the constitutionally critical role that prospective sexual dangerousness plays in justifying these laws. The Article next explains how the U.S. Supreme Court and the highest state courts have allowed these laws to exist without requiring any …

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

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No abstract provided.

Franchise Regulation For The Fissured Economy, Andrew Elmore

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No abstract provided.

Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha

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No abstract provided.