Digital Commons Network^™

Women's Exclusion From The Constitutional Canon, Jill Elaine Hasday

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This Essay asks why sex equality is outside the constitutional canon. While race discrimination is a canonical concern of constitutional law, the story of America’s struggles over and against sex discrimination is not widely taken to be a central, organizing part of our constitutional tradition — a defining narrative that exemplifies and expresses the nation’s foundational values and commitments. I offer three potential explanations for the exclusion of sex equality from the constitutional canon. First, the Supreme Court’s jurisprudence developed in ways that suggested that sex discrimination was not a core constitutional problem and concern, especially when compared to race …

U.K. Refugee Lawyers: Pushing The Boundaries Of Domestic Court Acceptance Of International Human Rights Law, Stephen Meili

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This Article analyzes how refugee lawyers in the United Kingdom navigate the tension between state power and international norms. Based on interviews with lawyers representing persons seeking asylum and other forms of refugee protection in the United Kingdom, the Article reveals how these lawyers successfully utilize international human rights treaties on behalf of their clients despite domestic policies making it more difficult for refugees to assert their rights. The Article argues that U.K. refugee lawyers play a critical role in the globalization struggle by encouraging state actors (in this case, the judiciary) to adhere to international norms that might otherwise …

Chief Executive Officers In United States Hospitals: A Reexamination Of Workforce Demographics And Educational Issues, Sandra Collins, Scott Collins, Richard C. Mckinnies 4537260, Eric P. Matthews

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The United States Bureau of Labor Statistics (BLS) reports the “employment of medical and health services mangers is expected to grow by 22 percent from 2010-2020.”The BLS notes this is substantially faster than the national average for other occupations. Information from this report finds its way into popular media, news shows, and other information outlets which increases the number of prospective applicants to College and University Healthcare Management programs. In 2007, the authors conducted a survey of chief executive officers (CEO) in United States hospitals that sought to identify educational and demographic information of individuals holding top management positions in …

A Novel Dual Mode Gateway For Wireless Sensor Network And Lte-A Network Convergence, Garth Crosby, Farzam Vafa

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In recent years, the number of machine-to-machine (M2M) networks, which do not require direct human intervention, has been increasing at a rapid pace. Meanwhile, the need for a wireless platform to control and monitor these M2M networks, one with both a vast coverage area and a low network deployment cost, continues to be unmet. Mobile cellular networks (MCNs) and wireless sensor networks (WSNs) are emerging as two heterogeneous networks that can meet the challenges of M2M communication through network convergence. In this paper, a model for network convergence between a Long Term Evolution-Advance (LTE-A) cellular network and a WSN is …

Reflections On A Decade Of Global Rankings: What We've Learned And Outstanding Issues, Ellen Hazelkorn

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Ten years after the first global rankings appeared, it is clear that they have had an extraordinary impact on higher education. While there are fundamental questions about whether rankings measure either quality or what’s meaningful, they have succeeded in exposing higher education to international comparison. Moreso, because of the important role higher education plays as a driver of economic development, rankings have exposed both an information deficit and national competitiveness. Accordingly, both nations and institutions have sought to maximise their position vis-á-vis global rankings with positive and perverse effects. Their legacy is evident in the way rankings have become an …

Risks And Safety On The Internet: Comparing Brazilian And European Children, Alexander Barbosa, Brian O'Neill, Cristina Ponte, Simões Simões, Tatiana Jereissati

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A child’s home and school are the most frequently reported locations of internet use in Brazil: 60% of Brazilian children aged 9 to 16 who used the internet claimed to access it from home, and 42% from school, whereas in Europe this proportion is 87% for home access and 63% for schools.

However, when it comes to accessing the network from publicly sponsored internet access centres such as Local Area Network (LAN) Houses or cybercafés, the value in Brazil is considerably higher when compared to Europe, 35% against 12% respectively. Access from public libraries is far more popular in Europe …

Making An Impact: New Directions For Arts And Humanities Research, Ellen Hazelkorn

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The severity of the global economic crisis has put the spotlight firmly on measuring academic and research performance and productivity, and assessing its contribution, value, impact and benefit. While traditionally, research output and impact was measured by peer-publications and citations, there is increased emphasis on a “market-driven approach”, which favours the bio-, medical and technological sciences, and helped reinforce a disciplinary hierarchy in which arts and humanities research (A&HR) has struggled for attention. This article charts the changing policy environment across Ireland, the Netherlands and Norway. It draws on evidence from the HERAVALUE project which studied how different stakeholders value …

Extreme Wave Events In Ireland: 14 680 Bp–2012, Laura Cooke, John M. Dudley, Frédéric Dias

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The island of Ireland is battered by waves from all sides, most ferociously on the west coast as the first port of call for waves travelling across the Atlantic Ocean. However, when discussing ocean events relevant to the nation of Ire- land, one must actually consider its significantly larger designated continental shelf, which is one of the largest seabed territories in Europe. With this expanded definition, it is not surprising that Ireland has been subject to many oceanic events which could be designated as “extreme”; in this paper we present what we believe to be the first catalogue of such …

Achieving A Holistic View Of The Life Cycle Performance Of Existing Dwellings, Albert Famuyibo, Aidan Duffy, P. Strachan

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Models which fully evaluate the life cycle energy and greenhouse gas (GHG) emissions of national housing stocks are not reported in literature. Capturing a holistic view of energy and emissions of the residential sector is an important process that can lead to a more effective policy making. This paper presents a methodology which evaluates the life cycle energy and GHG emissions of retrofitting housing stocks considering all life cycle stages and incorporating, to the greatest extent possible, all upstream inputs.

To achieve this, we developed a hybrid model of the existing Irish housing stock, comprising a process-based approach supplemented by …

"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi

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No abstract provided.

"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin

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No abstract provided.

“What We’Ve Got Here Is Failure To Communicate”: The Plain Writing Act Of 2010, Rachel Stabler

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No abstract provided.

Loss Of Mef2d Expression Inhibits Differentiation And Contributes To Oncogenesis In Rhabdomyosarcoma Cells., Meiling Zhang, Jamie Truscott, Judith Davie

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BACKGROUND: Rhabdomyosarcoma (RMS) is a highly malignant pediatric cancer that is the most common form of soft tissue tumors in children. RMS cells have many features of skeletal muscle cells, yet do not differentiate. Thus, our studies have focused on the defects present in these cells that block myogenesis.

METHODS: Protein and RNA analysis identified the loss of MEF2D in RMS cells. MEF2D was expressed in RD and RH30 cells by transient transfection and selection of stable cell lines, respectively, to demonstrate the rescue of muscle differentiation observed. A combination of techniques such as proliferation assays, scratch assays and soft …

Barriers And Solutions To Recruitment Strategies Of Students Into Post-Secondary Agricultural Education Programs: A Focus Group Approach, Jennifer Calvin, Seburn L. Pense

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This qualitative study utilized focus group interviews of secondary Illinois agricultural education teachers to investigate the continuing problem of student recruitment into teacher preparation pro-grams of agricultural education. Using signal theory, image theory and person-organization fit theory, the researchers identified five themes relating to recruitment issues: time, the economy, family, technology and image. Each theme is described through the words of the participants and solutions are suggested for improving recruitment.

Financial Intermediaries As Principals And Agents, Kenneth M. Rosen

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No abstract provided.

Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, Jean Stefancic

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No abstract provided.

Assessing Transnational Private Regulation Of The Otc Derivatives Market: Isda, The Bba, And The Future Of Financial Reform, Gabriel V. Rauterberg, Andrew Verstein

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For the last twenty years, the dominant narrative of the over-the-counter derivatives market has been one of absent regulation, deregulation, and regulatory conflict, predictably resulting in disaster. This Article challenges this narrative, arguing that the global derivatives market has been subject to pervasive and harmonized regulation by what should be recognized as transnational private regulators. Recognizing the reality of widespread transnational private regulation of derivatives has significant implications, which this Article explores. Appreciating the actual regulatory status quo is essential if policymakers are to correctly diagnose problems, avoid past regulatory errors, and plan effective remedies. There are also advantages to …

Index Theory: The Law, Promise And Failure Of Financial Indices, Gabriel V. Rauterberg, Andrew Verstein

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Financial indices, like the S&P 500 or the Consumer Price Index, have become a ubiquitous feature of our financial markets. One index, the London InterBank Offered Rate (“Libor”), may be the world’s most important number, an interest rate benchmark upon which hundreds of trillions of dollars depend. Yet, almost everyday new revelations emerge that Libor was tampered with during the height of the financial crisis by one or many of the world’s most prominent banks, with billions of dollars potentially misappropriated. This index disruption has attracted tremendous interest from regulators, private litigants, and market observers. Despite their importance, however, financial …

Prison Segregation: Symposium Introduction And Preliminary Data On Racial Disparities, Margo Schlanger

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For this Introduction, I undertake to look a bit more broadly at recent data. The best sources of demographic information about prisoners are the various surveys and censuses conducted by the U.S. Department of Justice Bureau of Justice Statistics (BJS). While no BJS publication directly addresses the issue, and no BJS dataset allows its full analysis, it is possible to glean something from the most recent BJS prison census, the 2005 Census of State and Federal Adult Correctional Facilities.

Corporate And International Tax Reform: Proposals For The Second Obama Administration (And Beyond), Reuven S. Avi-Yonah

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The passage of the American Taxpayer Relief Act of 2012 (ATRA) offers an opportune moment to consider proposals for corporate and international tax reform. With the debate over individual tax rates for the income and estate tax settled for the present, the President and Congress are free to consider broader reforms. Few observers doubt that such reforms are sorely needed, for several reasons. First, the long-term budgetary outlook is unsustainable. Second, the U.S. corporate tax rate is the highest in the Organisation for Economic Co-Operation and Development (OECD). Third, the current system raises relatively little revenue and large amounts of …

Success And Backlash: The Remarkable (Continuing) Story Of The Clean Water Act, William L. Andreen

Articles

The Clean Water Act has produced a tremendous amount of progress over the past forty years Both municipal and industrial discharges have declined sharply the loss of wetlands has been cut decisively and water quality has broadly improved Much more work however remains to be done Not surprisingly given the limits of human forethought and political capacity the original statutory design was not perfect Furthermore the statutes implementation has not been perfect due in large part to often straitened budgets instances of bureaucratic timidity and lethargy and the hostility that some administrations and some Congresses have exhibited towards strong environmental …

Contemporary Issues In Critical Race Theory: The Implications Of Race As Character Evidence In Recent High-Profile Cases Challenging Authority: A Symposium Honoring Derrick Bell, Montre D. Carodine

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No abstract provided.

Gender And New Wars, Christine M. Chinkin, Mary Kaldor

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War plays an important role in the construction of gender, or the social roles of men and women. This article analyzes the gendered experience of what Kaldor calls "new wars." It shows that new wars are largely fought by men in the name of a political identity that usually has a significant gender dimension. They use tactics that involve deliberate attacks on civilians, including systematic rape as a weapon of war, and are financed by predatory economic activities that tend to affect women more than men. The article describes the ways in which laws relating to gendered violence have been …

Atmospheric Cold Plasma Inactivation Of Escherichia Coli In Liquid Media Inside A Sealed Package, Dana Ziuzina, Sonal Patil, Paula Bourke, Kevin Keener, Patrick J. Cullen

Articles

Abstract Aims: The main objective of this study was to determine the inactivation efficacy of dielectric barrier discharge atmospheric cold plasma (DBD-ACP) generated inside a sealed package for Escherichia coli ATCC 25922. Methods and Results: A plasma discharge was generated between two circular aluminium electrodes at 40 kV. E. coli suspensions (10^7 CFU/ml) in either maximum recovery diluent (MRD) or phosphate buffered saline (PBS) were treated in a 96-well microtitre plate inside a sealed package. The effects of treatment time, post-treatment storage time, either direct or indirect samples exposure to the plasma discharge and suspension media were studied. Regardless of …

Mathematical Modelling At Secondary School: The Macsi-Clongowes Wood College Experience, J.P.F. Charpin, S. O'Hara, Dana Mackey

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In Ireland, to encourage the study of STEM (science, technology, engineering and mathematics) subjects and particularly mathematics, the Mathematics Applications Consortium for Science and Industry (MACSI) and Clongowes Wood College (County Kildare, Ireland) organized a mathematical modelling workshop for senior cycle secondary school students. Participants developed simple mathematical models for everyday life problems with an open-ended answer. The format and content of the workshop are described and feedback from both students and participating teachers is provided. For nearly all participants, this workshop was an enjoyable experience which showed mathematics and other STEM components in a very positive way.

Aligning Strategy And Talent In Creative Professional Service Firms, Deirdre Canavan, Pamela Sharkey Scott, Vincent Mangematin

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Purpose – Reliance on individual talent and motivation renders creative professional service firms (PSFs) highly dependent on their ability to attract and mobilise the right individuals. This paper aims to build an integrated framework showing firstly how creative industry PSFs can differ in their strategy for growth, and secondly how these alternative strategies for growth can influence the firm's approach to organising and the type of talent required.

Design/methodology/approach – The findings are based on a series of interviews with managing directors, senior management and practitioners of architectural organisations in a single country, combined with an extensive literature review.

Findings …

Engaging Students In The Classroom: How Can I Know What I Think Until I See What I Draw?, Paul Donnelly, John Hogan

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Recognising that the world into which students emerge upon graduation is characterised by constant change, we embrace a critical pedagogy that can be implemented in the classroom through the use of freehand drawing. Freehand drawing is a technique that can stimulate a critical stance, as visual representations allow us to comprehend the world differently, while permitting us see how others understand the world. First year students, in their first lecture, were asked to draw their interpretations of Irish politics and to explain in writing what they had drawn. The students were then placed in groups and asked to note what …

From Global Financial Crisis To Sovereign Debt Crisis And Beyond: What Lies Ahead For The European Monetary Union?, Caroline Bradley

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No abstract provided.

Novel Cis-Restricted Β-Lactam Combretastatin A-4 Analogues Display Anti-Vascular And Anti-Metastatic Properties In Vitro, Seema M. Nathwani, Lisa M. Greene, Linda Hughes, Miriam Carr, Niamh O'Boyle, Susan Mcdonnell, Mary J. Meegan, Daniela M. Zisterer

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No abstract provided.

Making Connections: Networked Mindmaps As A Student Centred Assessment For Learning., Barry Ryan

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Engaging students is a difficult task faced by all academics. Student engagement can be achieved by giving ownership of their learning back to the student and by carefully aligning the assessment methodology to the students learning and future employability. To promote learning ownership in this case-study, a group of final year students were involved in the design of the delivery (‘flipped classroom’) and assessment strategy (‘flipped assessment’) of the curriculum. Upon reflection, students noted a deep understanding of their self-selected topic by taking ownership of their learning and their ‘assessment for learning’ within the bounded learning environment. Additionally, students enhanced …