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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 …

Anti-Homosexual Legislation And Hiv-Related Stigma In African Nations: What Has Been The Role Of Pepfar?, Amy Hagopian, Deepa Rao, Aaron Katz, Sallie Sanford, Scott Barnhart

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Background: Gay men and other men who have sex with men are disproportionately burdened by HIV infection. Laws that penalize same-sex intercourse contribute to a cycle of stigma, homonegativity and discrimination. In many African nations, laws criminalizing homosexuality may be fueling the epidemic, as they dissuade key populations from seeking treatment and health care providers from offering it.

Objectives: We analyzed the ways in which policies and practices of the US President’s Emergency Plan for AIDS Relief (PEPFAR) program addressed pervasively harsh anti-homosexuality laws across Africa. Given the aim of the US PEPFAR program to reduce stigma surrounding HIV, we …

Delivering Design Fundamentals Using Relevant Learning Theories In The Delivery Of An Interior Design Project At Third Level, Tracey Dalton

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This is a reflection on teaching practice, focussing on design process in a BA Honours in Design – Interior and Furniture, in Dublin Institute of Technology (DIT). An intrinsic case study approach (Stake 1995) was taken for this research, which focussed on the use of the learning theories in the delivery of an undergraduate interior design project brief. A third year commercial office design project has been used to assess teaching and learning styles. This article will show that, in terms of delivery, in a typical third level interior design project in DIT, the process incorporates all of the learning …

Industrial Grade 2d Molybdenum Disulphide (Mos2): An In-Vitro Exploration Of The Impact On Cellular Uptake, Cytotoxicity, And Inflammation, Caroline Moore, Hugh Byrne, Jonathan N. Coleman, Yuri Volkov, Jennifer Mcintyre

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The recent surge in graphene research, since its liquid phase monolayer isolation and characterization in 2004, has led to advancements which are accelerating the exploration of alternative 2D materials such as molybdenum disulphide (MoS2), whose unique physico-chemical properties can be exploited in applications ranging from cutting edge electronic devices to nanomedicine. However, to assess any potential impact on human health and the environment, the need to understand the bio-interaction of MoS2 at a cellular and sub-cellular level is critical. Notably, it is important to assess such potential impacts of materials which are produced by large scale production techniques, rather than …

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 …

Knowledge Of Food Safety And Food Handling Practices Amongst Food Handlers In The Republic Of Ireland, Nora A. Moreb, Anushree Priyadarshini, Amit Jaiswal

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Food safety concerns have existed for a long time, as millions of people across the globe suffer from food borne disease every year. Contamination of food owing to limited knowledge of food safety practices primarily increases the risk of food borne illnesses. In the present study, quantitative research was carried out to gauge the level of food safety knowledge amongst people living in Ireland. A total of 1069 participants from all over the Republic of Ireland contributed to the survey (of which 821 were included in this research). Results showed that the residents of Ireland overall had an average levelonknowledge …

Factors In Fairness And Emotion In Online Case Resolution Systems, Youyang Hou, Cliff Lampe, Maximilian Bulinski, J. J. Prescott

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Courts are increasingly adopting online information and communication technology, creating a need to consider the potential consequences of these tools for the justice system. Using survey responses from 209 litigants who had recently used an online case resolution system, we investigate factors that influenced litigants’ experiences of fairness and emotional feelings toward court officials. Our results show that ease of using the online case resolution system, the outcome of the case, and a litigant’s perceptions of procedural justice are positively associated both with whether the litigant views the process as fair and whether the litigant ultimately feels positive emotions toward …

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 …

The Miranda Case Fifty Years Later, Yale Kamisar

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A decade after the Supreme Court decided Miranda v. Arizona, Geoffrey Stone took a close look at the eleven decisions the Court had handed down “concerning the scope and application of Miranda.” As Stone observed, “[i]n ten of these cases, the Court interpreted Miranda so as not to exclude the challenged evidence.” In the eleventh case, the Court excluded the evidence on other grounds. Thus, Stone noted, ten years after the Court decided the case, “the Court ha[d] not held a single item of evidence inadmissible on the authority of Miranda.” Not a single item. To use …

Remedial Restraint In Administrative Law, Nicholas Bagley

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When a court determines that an agency action violates the Administrative Procedure Act, the conventional remedy is to invalidate the action and remand to the agency. Only rarely do the courts entertain the possibility of holding agency errors harmless. The courts’ strict approach to error holds some appeal: Better a hard rule that encourages procedural fastidiousness than a remedial standard that might tempt agencies to cut corners. But the benefits of this rule-bound approach are more elusive, and the costs much larger, than is commonly assumed. Across a wide range of cases, the reflexive invalidation of agency action appears wildly …

How Private Insurers Regulate Public Police, John Rappaport

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No abstract provided.

The Market Value Of Who We Are: The Flow Of Personal Data And Its Regulation In China, Dong Han

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This article focuses on market-driven collection of personal data and its regulation in China. It argues that there is a growing demand for personal data from China’s advertising, marketing, and credit reporting businesses. Meanwhile, the rapid development of the Internet, notably social media and e-commerce, has generated very large pools of personal data on digital platforms. These two factors contribute to the fast growth of both legitimate and illegitimate collection and exploitation of personal information. Chinese laws and regulations lag behind the market and are not ready to regulate personal data as a key economic resource. They scatter in a …

Contemporary Practice Of The United States Relating To International Law, April 2017, Kristina Daugirdas, Julian Davis Mortenson

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In this section: • United States Abstains on Security Council Resolution Criticizing Israeli Settlements • United States Sanctions Russian Individuals and Entities After Accusing Russian Government of Using Hacking to Interfere with U.S. Election Process; Congressional Committees and Intelligence and Law Enforcement Agencies Continue to Investigate President Trump’s Connections to Russian Officials • Second Circuit Overturns $655 Million Jury Verdict Against Palestine Liberation Organization and Palestinian Authority • New Legislation Seeks to Confirm Immunity of Artwork and Facilitate Cultural Exchange • United States Confronts China over Seizure of Unmanned Drone in the South China Sea • International Criminal Court Prosecutor …

Beyond Zero-Sum Environmentalism, Jessica Owley, Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Melissa Powers, Shannon Roesler,, Jonathan Rosenbloom, J. B. Ruhl, Jim Salzman, Inara Scott, David Takacs

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Environmental law and environmental protection are often portrayed as requiring trade offs: "jobs versus environment," "markets versus regulation," "enforcement versus incentives." In the summer of 2016, members of the Environmental Law Collaborative gathered to consider how environmentalism and environmental regulation can advance beyond this framing to include new constituents and offer new pathways to tackle the many significant challenges ahead. Months later, the initial activities of the Trump Administration highlighted the use of zero-sum rhetoric, with the appointment of government officials and the issuance of executive orders that indeed seem to view environmental issues as in a zero-sum relationship with …

Permeation Fill-Tube Design For Inertial Confinement Fusion Target Capsules, Brian S. Rice, Jeff Ulreich, Chad Fella, Jay Crippen, P. Fitzsimmons, A. Nikroo

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A unique approach for permeation filling of nonpermeable inertial confinement fusion target capsules with deuterium— tritium (DT) is presented. This process uses a permeable capsule coupled into the final target capsule with a 0.03-mm-diameter fill tube. Leak free permeation filling of glow-discharge polymerization (GDP) targets using this method have been successfully demonstrated, as well as ice layering of the target, yielding an inner ice surface roughness of 1-µm rms (root mean square). Finally, the measured DT ice-thickness profile for this experiment was used to validate a thermal model’s prediction of the same thickness profile.

The President's Power To Tax, Daniel Hemel

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No abstract provided.

Making Doctrinal Work More Rigorous: Lessons From Systematic Reviews, William Baude, Adam S. Chilton, Anup Malani

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No abstract provided.

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 …

Byte Marks: Making Sense Of New F.R.C.P. 37(E), Charles Yablon

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New FRCP 37(e) limits severe, case ending sanctions for lost electronically stored information (ESI) to situations where a party acted with “intent to deprive” other parties of the use of that information. But it makes no change in existing preservation duties and never explains how “intent” is to be determined for the corporation and other entities likely to be parties in such litigation. The question is – does this Rule make any sense? This Essay seeks to make sense of Rule 37(e) in terms of its language, the stated goals of its drafters, and its role in the regulation of …

The Critical Role Of Point Defects In Improving The Specific Capacitance Of Δ-Mno2 Nanosheets, Peng Gao, Peter Metz, Trevyn Hey, Yuxuan Gong, Dawei Liu, Doreen D. Edwards, Jane Y. Howe, Rong Huang, Scott T. Misture

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3D porous nanostructures built from 2D δ-MnO2 nanosheets are an environmentally friendly and industrially scalable class of supercapacitor electrode material. While both the electrochemistry and defects of this material have been studied, the role of defects in improving the energy storage density of these materials has not been addressed. In this work, δ-MnO2 nanosheet assemblies with 150 m2 g−1 specific surface area are prepared by exfoliation of crystalline KxMnO2 and subsequent reassembly. Equilibration at different pH introduces intentional Mn vacancies into the nanosheets, increasing pseudocapacitance to over 300 F g−1, reducing charge transfer resistance as low as 3 …

Near Peers: Harnessing The Power Of The Populous To Enhance The Learning Environment, Barry Ryan

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NearPod is a multiplatform e-learning tool that allows students to engage with each other and the lecturer in real time, independent of learning space size or type. This research investigated the impact of NearPod use in two different third level educational settings. The rationale was the practical implementation of key trends in higher education, and enhancing the student learning experience, through the integration of BYOD (Bring Your Own Device) and flipped classroom learning. One aim of this project was to identify if NearPod, could address these trends in a simple, cost effective way. Secondly, the research sought to investigate if …

Biophysical Tools To Study Cellular Mechanotransduction, Ismaeel Muhamed, Farhan Chowdhury, Venkat Maruthamuthu

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The cell membrane is the interface that volumetrically isolates cellular components from the cell’s environment. Proteins embedded within and on the membrane have varied biological functions: reception of external biochemical signals, as membrane channels, amplification and regulation of chemical signals through secondary messenger molecules, controlled exocytosis, endocytosis, phagocytosis, organized recruitment and sequestration of cytosolic complex proteins, cell division processes, organization of the cytoskeleton and more. The membrane’s bioelectrical role is enabled by the physiologically controlled release and accumulation of electrochemical potential modulating molecules across the membrane through specialized ion channels (e.g., Na+, Ca2+, K+ channels). The membrane’s biomechanical functions include …

Design Techniques For Direct Digital Synthesis Circuits With Improved Frequency Accuracy Over Wide Frequency Ranges, Stefan Leitner, Haibo Wang, Spyros Tragoudas

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Recently, there are increasing interests in impedance sensors for various applications. Direct digital synthesis (DDS) circuits are commonly used in such sensor circuits for generating stimulus signals, due to the advantages of accurate frequency control, drift-free performance, etc. Previously reported DDS circuits for sensor applications typically maintain superb frequency accuracy within relatively small frequency ranges. This paper investigates techniques to improve frequency accuracy over wide frequency ranges. In addition, it presents an analytical framework to estimate the signal to noise ratio (SNR) of the generated signal and derives guidelines for optimizing DDS circuit configurations. Both simulation and hardware measurement results …

Beta-Glucosidase From Streptomyces Griseus: Nanoparticle Immobilisation And Alkyl Glucoside Synthesis., Barry Ryan, Gary Henehan, Prabhash Kumar

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A novel β-glucosidase from Streptomyces griseus was cloned and overexpressed in E. coli. The purified β-glucosidase (44 kDa) had a K_m of 8.6±0.5 mM and a V_max of 217±5.0 μmoles^-1min^-1mg at 37 °C, pH 7.2 with p-nitrophenyl-β-D glucopyranoside as substrate. The enzyme was characterised in terms of pH optimum (pH 6.9), temperature optimum (69 °C) and the influence of solvents and effectors. Purified S. griseus β-glucosidase was successfully immobilised, by simple absorption, onto zinc oxide (ZnO) nanoparticles without covalent modification. It remained tightly bound even after extensive washing and could be reused …

Mineral Estate Conservation Easements: A New Policy Instrument To Address Hydraulic Fracturing And Resource Extraction, Jessica Owley, Robert B. Jackson, James Salzman

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No abstract provided.

Distributed Detection Of Sensor Worms Using Sequential Analysis And Remote Software Attestations, Jun-Won Ho, Matthew Wright

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Recent work has demonstrated that self-propagating worms are a real threat to sensor networks. Since worms can enable an adversary to quickly compromise an entire sensor network, they must be detected and stopped as quickly as possible. To meet this need, we propose a worm propagation detection scheme for sensor networks. The proposed scheme applies a sequential analysis to detect worm propagation by leveraging the intuition that a worm’s communication pattern is different from benign traffic. In particular, a worm in a sensor network requires a long sequence of packets propagating hop-by-hop to each new infected node in turn. We …

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 …

Sociology In The 21st Century: Reminiscence And Redefinition, Rana Jawad, Paddy Dolan, Tracey Skillington

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No abstract available.

Mid-Infrared Self-Similar Compression Of Picosecond Pulse In An Inversely Tapered Silicon Ridge Waveguide, Jin-Hui Yuan, Jian Chen, Feng Li, Chao Mei, Zhe Kang, Xianting Zhang, Yin Xu, Binbin Yan, Xinzhu Sang, Qiang Wu, Xian Zhou, Kangping Zhong, Kuiru Wang, Chongxiu Yu, Gerald Farrell

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On chip high quality and high degree pulse compression is desirable in the realization of integrated ultrashort pulse sources, which are important for nonlinear photonics and spectroscopy. In this paper, we design a simple inversely tapered silicon ridge waveguide with exponentially decreasing dispersion profile along the propagation direction, and numerically investigate self-similar pulse compression of the fundamental soliton within the mid-infrared spectral region. When higher-order dispersion (HOD), higher-order nonlinearity (HON), losses (α), and variation of the Kerr nonlinear coefficient γ(z) are considered in the extended nonlinear Schrödinger equation, a 1 ps input pulse at the wavelength of 2490 nm is …