Digital Commons Network^™

Three Faces Of Creditor-On-Creditor Aggression, Douglas Baird

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No abstract provided.

Proper Parties, Proper Relief, William Baude, Samuel Bray

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No abstract provided.

Twilight-Zone Originalism: The Peculiar Reasoning And Unfortunate Consequences Of New York State Pistol & Rifle Association V. Bruen,, Albert Alschuler

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No abstract provided.

A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell Miller

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No abstract provided.

Firearms Law And Scholarship Beyond Bullets And Bodies, Darrell Miller, Joseph Blocher, Jacob Charles

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No abstract provided.

What Do Law Professors Believe About Law And The Legal Academy?, Eric Martinez, Kevin Tobia

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Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ views about legal theory. A study of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding debates.

Law professors also debate questions about the legal academy. These include descriptive questions: Which subjects (for example, constitutional law) and methods (for example, law …

Giving Shareholders The Right To Say No, Albert H. Choi, Adam C. Pritchard

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When a public company releases misleading information that distorts the market for the company’s stock, investors who purchase at the inflated price lose money when (and if) the misleading information is later corrected. Under Rule 10b‑5 of the Securities Exchange Act of 1934, investors can seek compensation from corporations and their officers who make materially misleading statements that the investors relied on when buying or selling a security. Compensation is the obvious goal, but the threat of lawsuits can also benefit investors by deterring managers from committing fraud.

Reforming Shareholder Claims In Isds, Julian Arato, Kathleen Claussen, Jaemin Lee, Giovanni Zarra

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ISDS stands alone in empowering shareholders to bring claims for reflective loss (SRL) – meaning claims over harms allegedly inflicted upon the company, but which somehow affect share value. National systems of corporate law and public international law regimes generally bar SRL claims for strong policy reasons bearing on the efficiency and fairness of the corporate form. Though not necessitated by treaty text, nor beneficial in policy terms, ISDS tribunals nevertheless allow shareholders broad and regular access to seek relief for reflective loss. The availability of SRL claims in ISDS ultimately harms States and investors alike, imposing surprise ex post …

I Owe My Teaching Career To Peter Henning, David A. Moran

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In the late 1990s, I was very happily working as an appellate public defender in Detroit when the then-dean of Wayne State University Law School, Jim Robinson, contacted me to ask if I could teach a section of Criminal Procedure at night. Joe Grano, who had taught at Wayne for many years, had fallen ill, and so a replacement was needed. Dean Robinson was a close friend of Ralph Guy, the judge for whom I had clerked some years earlier, and Judge Guy had recommended me. I accepted the offer.

Even though I was just a lowly adjunct scheduled to …

Designing A Fulfilling Life In The Law, Bridgette Carr, Vivek Sankaran, Taylor J. Wilson

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There is a mental health crisis in the legal profession. This isn’t news; in 2017, the National Task Force on Lawyering Well-Being acknowledged that the profession has failed to give adequate regard to the well-being of lawyers. High rates of chronic stress, depression, and substance use suggest that “the current state of lawyers’ health cannot support a profession dedicated to client service and dependent on the public trust.”

The Value Of Understandable Consumer Insurance Contracts, Kyle Logue, Daniel Schwarcz, Brenda Cude

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Insurance consumers, the intermediaries who serve them, and the regulators who protect them all would benefit from understandable consumer insurance contracts. This article outlines the benefits of understandable insurance contracts, identifies the regulatory tools that are or can be used to ensure such comprehensibility, and reviews the existing literature about how well consumers comprehend their insurance policies within the context of personal lines insurance in the U.S. The article concludes by proposing an empirical research strategy to study consumers’ understanding of the terms of homeowners insurance policies and, even when they have not read their policies, their expectations about coverage.

Feedback Loops: E-D-I-T, Patrick Barry

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The Keep/Cut Framework we learned about back in the December 2022 Feedback Loops column is, admittedly, a bit of a blunt feedback instrument. When the only feedback you can give is “Keep” or “Cut,” there’s not a ton of room for nuance or gradation. Your comments are restricted to either endorsing what already exists or pushing for something to be removed. hat’s a pretty limited menu.

So in both this column and in the June 2023 column, we’re going to learn about a feedback framework that creates opportunities for a greater range of opinions and recommendations: “E-D-I-T.”

Responding To The New Major Questions Doctrine, Christopher J. Walker

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The new major questions doctrine has been a focal point in administrative law scholarship and litigation over the past year. One overarching theme is that the doctrine is a deregulatory judicial power grab from both the executive and legislative branches. It limits the president’s ability to pursue a major policy agenda through regulation. And in the current era of political polarization, Congress is unlikely to have the capacity to pass legislation to provide the judicially required clear authorization for agencies to regulate major questions. Especially considering the various “vetogates” imposed by Senate and House rules, it is fair to conclude …

Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker

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Motivated in part by Congress’s failure to legislate, presidents in recent years seem to have turned even more to the regulatory process to make major policy. It is perhaps no coincidence that the feld of administrative law has similarly seen a resurgence of scholarship extolling the virtues of democratic accountability in the modern administrative state. Some scholars have even argued that bureaucracy is as much as if not more democratically legitimate than Congress, either in the aggregative or deliberative sense, or both.

Ammonia Cycling And Emerging Inorganic Secondary Aerosols From Arable Agriculture, Vivien Pohl, Alan Gilmer, Vivienne Byers, John Cassidy, Aoife Donnelly, Stig Hellebust, Eoin J. Mcgillicuddy, Eugene Mcgovern, David J. O'Connor

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No abstract provided.

Chefs’ Perspectives Of Failures In Foodservice Kitchens, Part 2: A Phenomenological Exploration Of The Consequences And Handling Of Food Production Failure, Mohamed Fawzi Afifi, J.J. Healy, Mairtin Mac Con Iomaire

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This paper explores the consequences of food production failure (FPF) and its handling in foodservice operations from the perspective of chefs. A phenomenological epistemology and qualitative methodology were followed. Fifteen semi-structured interviews with chefs working in independent restaurants and hotels were carried out using purposive sampling, and employing an emic posture. Interviews were transcribed verbatim, read repetitively, and coded. Thematic analysis yielded themes on the consequences of FPF, on operation and staff, handling failures with kitchen staff, front of the house (FOH), and management. The findings revealed that the major ramification of FPF is financial through food loss. Representing both …

Industry Update October 2022, Elaine Harris

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Company news Bend Bioscience invests in expansion of drug-delivery capabilities Bend Bioscience (OR, USA) and NovaQuest Private Equity, have announced plans on 11 October 2022 to invest in a new facility in Bend, Oregon. The group will focus on developing new R&D partnerships, and early phase manufacturing and development activities based on proprietary particle engineering-based drug-delivery technologies. This new facility will consist of approximately 20,000 square feet of laboratory and processing areas and it is anticipated that manufacturing and analytical capabilities will operational by the end of Q2 2023. Announcing the investment decision, Dan Dobry, Bend Bioscience’s co-founder said “We …

An Investigation Of 3.5 Μm Emission In Er3+-Doped Fluorozirconate Glasses Under 638 Nm Laser Excitation, Haiyan Zhao, Ke Tian, Xin Wang, Dejun Liu, Shunbin Wang, Gerald Farrell, Pengfei Wang

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Intense 3.5 μm mid-infrared emission has been achieved in Er3+-doped ZBYA glasses, which is ascribed to the Er3+: 4F9/2→4I9/2 transition. Based on the absorption spectrum of Er3+ ions, a 638 nm laser was utilized to directly pump the upper level (Er3+: 4F9/2) to achieve 3.5 μm emission with enhanced quantum efficiency. Spectroscopic parameters were predicted by Judd-Ofelt theory. The maximum emission cross-section of the Er3+-doped ZBYA glass was estimated to be 5.5×10-22 cm2 at 3496 nm. Additionally, the fluorescence spectra and energy level lifetimes of ZBYA glass samples with different Er3+ ions doping concentrations were also measured. The theoretical and …

Duality For Spaces Of Polynomials On Tree Spaces, Christopher Boyd, Costas Poulios, Milena Venkova

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In this paper we study the duality of certain spaces of polynomials on a class of tree spaces. In particular, we are interested in establishing isometric isomorphisms between the spaces of integral and nuclear polynomials and in determining when all polynomials are weakly continuous on bounded sets. This will provide us with new examples of what are known as Q-reflexive spaces.

On The Cubic Equation With Its Siebeck–Marden–Northshield Triangle And The Quartic Equation With Its Tetrahedron, Emil Prodanov

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The real roots of the cubic and quartic polynomials are studied geometrically with the help of their respective Siebeck–Marden–Northshield equilateral triangle and regular tetrahedron. The Viète trigonometric formulæ for the roots of the cubic are established through the rotation of the triangle by variation of the free term of the cubic. A very detailed complete root classification for the quartic 𝑥4 + 𝑎𝑥3 + 𝑏𝑥2 + 𝑐𝑥 + 𝑑 is proposed for which the conditions are imposed on the individual coefficients 𝑎, 𝑏, 𝑐, and 𝑑. The maximum and minimum lengths of the interval containing the four real roots of …

Prodromal Glutamatergic Modulation With Riluzole Impacts Glucose Homeostasis And Spatial Cognition In Alzheimer's Disease Mice., Caleigh A Findley, Samuel A Mcfadden, Makayla F Cox, Lindsey N Sime, Mackenzie R Peck, Kathleen Quinn, Andrzej Bartke, Kevin N Hascup, Erin R Hascup

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BACKGROUND: Prior research supports a strong link between Alzheimer's disease (AD) and metabolic dysfunction that involves a multi-directional interaction between glucose, glutamatergic homeostasis, and amyloid pathology. Elevated soluble amyloid-β (Aβ) is an early biomarker for AD-associated cognitive decline that contributes to concurrent glutamatergic and metabolic dyshomeostasis in humans and male transgenic AD mice. Yet, it remains unclear how primary time-sensitive targeting of hippocampal glutamatergic activity may impact glucose regulation in an amyloidogenic mouse model. Previous studies have illustrated increased glucose uptake and metabolism using a neuroprotective glutamate modulator (riluzole), supporting the link between glucose and glutamatergic homeostasis.

OBJECTIVE: We hypothesized …

Isolation And Identification Of Chlorate-Reducing Hafnia Sp. From Milk, William P. Mccarthy, Meghana Srinivas, Martin Danaher, Christine O'Connor, Tom F. O'Callaghan, Douwe Van Sinderen, John Kenny, John T. Tobin

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Chlorate has become a concern in the food and beverage sector, related to chlorine sanitizers in industrial food production and water treatment. It is of particular concern to regulatory bodies due to the negative health effects of chlorate exposure. This study investigated the fate of chlorate in raw milk and isolated bacterial strains of interest responsible for chlorate breakdown. Unpasteurized milk was demonstrated to have a chlorate-reducing capacity, breaking down enriched chlorate to undetectable levels in 11 days. Further enrichment and isolation using conditions specific to chlorate-reducing bacteria successfully isolated three distinct strains of Hafnia paralvei . Chlorate-reducing bacteria were …

Diethoxycarbonyl-Bodipys As Heavy-Atom-Free Photosensitizers For Holographic Recording In Cellulose Acetate Photopolymer, Aimee Sheehan, Tatsiana Mikulchyk, Catherine S.P. De Castro, Safakath Karuthedath, Wejdan Althobaiti, Metodej Dvoracek, Sabad-E Gul, Hugh Byrne, FréDéRic Laquai, Izabela Naydenova, Mikhail Filatov

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A series of new heavy-atom-free photosensitizers based on 2,6-diethoxycarbonyl-BODIPY scaffold was designed and applied for holographic recording in a photopolymerizable material. Photoinduced electron transfer between the BODIPY and meso-aryl subunits, followed by the formation of BODIPY triplet excited states via spin-orbit charge transfer intersystem crossing (SOCT-ISC) was studied by steady-state and ultrafast pump-probe transient optical spectroscopy. Highly efficient photosensitization was observed for dyads bearing pyrene and anthracene substituents, which exhibited singlet oxygen generation quantum yields () of up to 94%. Charge transfer and SOCT-ISC were observed in non-polar solvent (toluene) due to the increased electron accepting ability of the diethoxycarbonyl-BODIPY. …

A Simple Microcalorimetry System To Determine The Adsorption Behaviour Of Acids In Large Adhesive Bond Gaps Using Base-Initiated Solution Polymerisation Of Ethyl-2-Cyanoacrylate, Kevin Raheem, John Cassidy, Tony Betts, Bernard Ryan

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This work presents the use of a simple microcalorimetry cyanoacrylate (CA) polymerisation system for investigating aspects of CA adhesive cure through gap and adsorption of adhesive acid stabiliser by a range of metal and glass substrates. It is well established that strong acid induced inhibition periods (IPs) are almost directly proportional to the acid concentration in weak base initiated polymerisations of alkyl CAs in tetrahydrofuran (THF). Ethyl cyanoacrylate (ECA) polymerisation IP measurements were used to determine the adsorption of methanesulfonic acid (MSA) in THF or ECA solutions by a range of metal, glass and polypropylene (PP) lap shears surfaces. The …

Experimental And Theoretical Evaluation Of A Commercial Luminescent Dye For Pvt Systems, Kenneth Coldrick, James Walshe, Sarah Mccormack, John Doran, George Amarandei

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Combining photovoltaic (PV) and photo-thermal (PT) energy collection strategies in a single system can enhance solar energy conversion efficiencies, leading to increased economic returns and wider adoption of renewable energy sources. This study focuses on incorporating a commercial luminescent organic dye (BASF Lumogen F Red 305) into ethylene glycol to explore its potential for PVT applications. The optical and electrical characteristics of the working fluid were evaluated at different temperatures under direct solar irradiance. Pristine ethylene glycol reduced the maximum PV cell temperature by 10 °C. The inclusion of luminescent dye at various concentrations further reduced the maximum temperature, with …

Guest Editorial: Building Performance And Sustainable Infrastructure: Unsustainable Return To Practice, Christopher Gorse, Colin Booth, Lloyd Scott

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The abrupt decline in global carbon emissions experienced during the pandemic was not sustainable. Overwhelmingly, this is evidenced by the advanced economies’ swift return to close to pre-pandemic levels and, of greater concern, the total global use of fossil fuels has rebounded to their highest level in history (IEA, 2021; Jackson et al., 2022). Unfortunately, post-pandemic, the anthropic life threating activities have resumed.

Consortium For Study And Analysis Of International Law Scholarship: Foreword, Kathleen Claussen

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No abstract provided.

Fair Value As Process: A Retrospective Reconsideration Of Delaware Appraisal, William Wilson Bratton

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This Article reconsiders the jurisprudence of fair value under Delaware's appraisal remedy, placing recent cases in historical perspective and offering a novel account. Its central observation is that appraisal has developed into a process jurisprudence rather than jurisprudence devoted to the articulation of an entitlement. As such it defies expectations and excites the wrath of academic commentators looking for a more conventional, rights-based evolution. There is a nominal entitlement: the cases at all times announce that shareholder dissenters may pursue going concern value (as opposed to third party sale value) as the measure of fair value. But the Delaware courts …

The Next 100 Years Of International Intellectual Property: Integrating Human Rights And Corporate Social Responsibility, J. Janewa Osei-Tutu

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No abstract provided.

Trade Policing, Kathleen Claussen

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At the core of U.S. economic governance, there is a novel and under-noticed phenomenon that challenges longstanding frameworks of international law and corporate compliance. This practice, which this Article terms the new "trade policing," has extraordinary reach. Recent regulatory makeovers and pathbreaking statutes empower our trade agencies to target, for the first time, companies, rather than foreign governments, as used to be their purview. Trade police now pursue companies wherever they may be in the world, not just for violating U.S. law but also for violating foreign law in areas as diverse as labor rights and environmental protections. Such a …