Digital Commons Network^™

Notice Pleading In Exile, Adam N. Steinman

Articles

According to the conventional wisdom the Supreme Courts 2009 decision in Ashcroft v Iqbal discarded notice pleading in favor of plausibility pleading This Article "” part of a symposium commemorating the Iqbal decisions tenth anniversary "” highlights decisions during those ten years that have continued to endorse notice pleading despite Iqbal It also argues that those decisions reflect the best way to read the Iqbal decision Although Iqbal is a troubling decision in many respects it can be implemented consistently with the noticepleading framework that the original drafters of the Federal Rules of Civil Procedure had in mind

Rodrigo's Rebuke: Originary Violence And U.S. Border Policy, Richard Delgado

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Offers a new way to see immigration laws and policies namely as instances of originary violence Notes that recent official actions including travel bans family separation and cutbacks in asylum are examples of both originary violence and the ordinary kind Shows how the two are connected and proposes a number of means to attack them

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

Articles

It is axiomatic that defamation law protects reputation This proposition"”common sensical pervasive and influential"”is wrong But it is wrong in a very instructive way and a careful examination of its mistaken assumptions carries deep lessons for First Amendment jurisprudence defamation law and the regulation of falsehoods across legal fields brbrThe key fallacy is the failure to recognize that laws not only affect how individuals behave but also how they think Whenever an allegation is made individuals decide whether and how much to trust it based on myriad factors One such factor is the strictness of defamation laws To the extent …

Consumer Activism: From The Informed Minority To The Crusading Minority Twenty-Fifth Annual Clifford Symposium On Tort Law And Social Policy: Rising Stars: A New Generation Of Scholars Looks At Civil Justice: Articles & Essays, Yonathan A. Arbel, Roy Shapira

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No abstract provided.

Antebellum And Postbellum Testamentary Transfers In Three Kentucky Counties Symposium: Empirical Analysis Of Wealth Transfer Law, Alberto B. Lopez

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This Article analyzes wills and inventories probated in three Kentucky counties, Boone, Woodford, and Wayne Counties, between 186 and 187. The results of the study show that married women in the three counties generally did not execute wills during the sample period, which is an expected result given the testamentary limitations imposed upon married women by Kentucky law. Despite dual encumbrances imposed by common and statutory law during the sample period, legislative and judicial action before, during, and after the sampled decade illustrates the advance of women's property rights in Kentucky. The Kentucky General Assembly passed a number of private …

Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel

Articles

Many believe that consumersourced reputational information about products would increasingly replace topdown regulation Instead of protecting consumers through coercive laws reputational information gleaned from the wisdom of the crowd would guide consumer decision making There is now a growing pressure to deregulate in diverse fields such as contracts products liability consumer protection and occupational licensingbrbrThis Article presents a common failure mode of systems of reputation "Reputation Failure" By spotlighting the publicgood nature of reviews rankings and even gossip this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value As a result …

Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray

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No abstract provided.

Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray

Articles

After a campaign denigrating Muslims as "sick people" blaming the children of Muslim Americans for terrorism and promising to "shut down" Muslim immigration and mere days after his inauguration President Donald J Trump banned the nationals of seven majorityMuslim countries from entry into the United States In the litigation that followed one question persisted how should courts analyze an exclusion order when the President invokes a national security justification and there is also direct evidence of racial or religious animus The Supreme Court reviews exclusion decisions deferentially for the existence of a "facially legitimate and bona fide reason" under Kleindienst …

'Elle T'Aime Trop, Et Moi, Pas Assez': Jacques Feyder's Melodramatic Mise En Scène Of Female Desire In Pension Mimosas (1935), Barry Nevin

Articles

Extract

Melodrama ‘à la française’: Feyder and French cinema of the 1930s

By the end of 1934, Jacques Feyder had led a distinguished career in French silent cinema, had directed a critically acclaimed adaptation of Émile Zola’s Thérèse Raquin (1928) in Berlin, had returned from a three-year contract in Hollywood, had brought Le Grand Jeu to the screen (the greatest box-office success of the 1933–34 season), and appeared to be virtually unstoppable as he proceeded to direct his next film, Pension Mimosas. The film was described by one critic as ‘sans aucun doute l’une des œuvres les plus attendues …

Graphene Nanoflake Uptake Mediated By Scavenger Receptors, Fatima Alnasser, Valentina Castagnola, Luca Boselli, Margarita Esquivel-Gaon, Esen Efeoglu, Jennifer Mcintyre, Hugh Byrne, Kenneth A. Dawson

Articles

The biological interactions of graphene have been extensively investigated over the last 10 years. However, very little is known about graphene interactions with the cell surface and how the graphene internalization process is driven and mediated by specific recognition sites at the interface with the cell. In this work, we propose a methodology to investigate direct molecular correlations between the biomolecular corona of graphene and specific cell receptors, showing that key protein recognition motifs, presented on the nanomaterial surface, can engage selectively with specific cell receptors. We consider the case of apolipoprotein A-I, found to be very abundant in the …

Analysis Of Bodily Fluids Using Vibrational Spectroscopy: A Direct Comparison Of Raman Scattering And Infrared Absorption Techniques For The Case Of Glucose In Blood Serum, Drishya Prachalil, Clément Bruno, Franck Bonnier, Helen Blasco, Igor Chourpa, Matthew Baker, Jennifer Mcintyre, Hugh Byrne

Articles

Analysis of biomarkers present in the blood stream can potentially deliver crucial information on patient health and indicate the presence of numerous pathologies. The potential of vibrational spectroscopic analysis of human serum for diagnostic purposes has been widely investigated and, in recent times, infrared absorption spectroscopy, coupled with ultra-filtration and multivariate analysis techniques, has attracted increasing attention, both clinical and commercial. However, such methods commonly employ a drying step, which may hinder the clinical work flow and thus hamper their clinical deployment. As an alternative, this study explores the use of Raman spectroscopy, similarly coupled with ultra-filtration and multivariate analysis …

Numerically Modelling Time And Dose Dependent Cytotoxicity, Hugh Byrne, Marcus A. Maher

Articles

Dose-response curves are fundamental tools of in vitro toxicology, extensively employed in toxicant or drug screening. They are expressed by a variety of end-points and assays, measured at different time-points in a choice of cell-lines, but are typically quantified only using the mean concentration for 50% response (e.g. drug efficacy or pathway inhibition) as an indicator of overall effect. However, the response is the result of a complex and dynamic cascade of events which occur between the initial exposure and the measured end-point, and the characteristic rates of the contributing stages govern the dose response and ultimately the measured characteristic …

Exploring The Issue Of Maritime Domain Awareness In Ghana, M. Agyare Asiamah, D. Dalaklis

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No abstract provided.

Permitted Incentives For Workplace Wellness Plans Under The Ada And Gina: The Regulatory Gap, Elizabeth Pendo

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Although workplace wellness plans have been around for decades, they have flourished under the Patient Protection and Affordable Care Act (“PPACA”) into a $6 billion-dollar industry. Under PPACA, a “wellness plan” is a program of health promotion or disease prevention offered by an employer that is designed to promote health or prevent disease and which meets the other applicable requirements of that subsection. Employers look to these programs to promote healthy lifestyles, improve the overall health of employees and beneficiaries, and reduce rising healthcare costs.

PPACA’s amendments to the Health Insurance Portability and Accountability Act (“HIPAA”) permit employers to offer …

Peace And Subjectivity, Louis E. Wolcher

Articles

So long as there is law there can be no universal human right to peace. This is because legalized violence, whether in threat or in deed, constitutes the very antithesis of peaceful relations from the point of view of those whom law represses. Law cannot define peace as the absence of all violence—and still less as the absence of all legalized suffering—without gainsaying justice, for as Pascal says, “Justice without might is helpless; might without justice is tyrannical.” Although legal outcomes, like falling boulders and pouncing lions, can always be imputed to historical causes, experience teaches that legal actors generally …

Regulating Bot Speech, Madeline Lamo, Ryan Calo

Articles

We live in a world of artificial speakers with real impact. So-called “bots” foment political strife, skew online discourse, and manipulate the marketplace. Concerns over bot speech have led prominent figures in the world of technology to call for regulations in response to the unique threats bots pose. Recently, legislators have begun to heed these calls, drafting laws that would require online bots to clearly indicate that they are not human.

This work is the first to consider how efforts to regulate bots might run afoul of the First Amendment. At first blush, requiring a bot to self-disclose raises little …

Woke Capital: The Role Of Corporations In Social Movements, Jennifer S. Fan

Articles

Iconic companies such as Apple, BlackRock, Delta, Google (now Alphabet), Lyft, Salesforce, and Starbucks, have recently taken very public stances on various social issues. In the past, corporations were largely silent in the face of them. Now the opposite is true—corporations play an increasingly visible role in social movements and there are times when corporations have led the discussion, particularly in areas where they have a self-interest or public opinion supports it. The enormous influence corporations wield on both the economic and social fabric of our society due to the legal framework and norms under which they operate make them …

Adaptive Heuristics That (Could) Fit: Information Search And Communication Patterns In An Online Forum Of Investors Under Market Uncertainty, Niccolo Casnici, Marco Castellani, Flaminio Squazzoni, Manuela Testa, Pierpaolo Dondio

Articles

This article examines information-search heuristics and communication patterns in an online forum of investors during a period of market uncertainty. Global connections, real-time communication, and technological sophistication have created an unpredictable market environment. As such, investors try to deal with semantic, strategic, and operational uncertainty by following heuristics that reduce information redundancy. In this study, we have tried to find traces of cognitive communication heuristics in a large-scale data set including 8 years of online posts (2004–2012) for a forum of Italian investors. We identified various market volatility conditions on a daily basis to understand the influence of market uncertainty …

The Effect Of Using A Project-Based Learning (Pbl) Approach To Improve Engineering Students' Understanding Of Statistics, Fionnuala Farrell, Michael Carr

Articles

Over the last number of years we have gradually been introducing a project based learning approach to the teaching of engineering mathematics inDublin Institute of Technology. Several projects are now in existence for the teaching of both second-order differential equations and first order differential equations.We intend to incrementally extend this approach acrossmore of the engineering mathematics curriculum. As part of this ongoing process, practical realworld projects in statistics were incorporated into a second year ordinary degree mathematics module. This paper provides an overview of these projects and their implementation. As a means to measure the success of this initiative, we …

Five-Year Follow Up Of A Low Glycaemic Index Dietary Randomised Controlled Trial In Pregnancy—No Long-Term Maternal Effects Of A Dietary Intervention, E.C. O'Brien, Aisling A. Geraghty, Elizabeth O'Sullivan, J.A. Riordan, Mary K. Horan, Elizabeth Larkin, John Mehegan, P.J. Twomey, Fionnuala M. Mcauliffe

Articles

Objective: To determine whether a dietary intervention in pregnancy had a lasting effect on maternal outcomes of diet, HbA1c and weight retention 5 years post-intervention; and to establish whether modifiable maternal behaviours were associated with these outcomes. Design: Randomised control trial of low glycaemic index (GI) diet in pregnancy with longitudinal follow up to 5 years post-intervention. Setting: Dublin, Ireland (2007–2016). Population: In all, 403 women of 759 (53.1%) were followed up at 5 years. A total of 370 (intervention n = 188; control n = 182) were included in this analysis. Methods: Fasting glucose was measured at 13 and …

Investigation Of Coastal Sea-Fog Formation Using The Wibs (Wide Band Integrated Bioaerosol Sensor) Technique, Shane M. Daly, David O'Connor, David A. Healy, Stig Hellebust, Jovanna Arndt, Eoinj. Mcgillicuddy, Patrick Feeney, Michael Quirke, John C. Wenger, John R. Sodeau

Articles

Abstract. A wideband integrated bioaerosol sensor (WIBS4) was deployed in Haulbowline Island, Cork Harbour, to detect fluorescence particles in real time during July and September 2011. A scanning mobility particle sizer (SMPS) was also installed providing sizing analysis of the particles over the 10–450nm range. During the campaign, multiple fog formation events occurred; they coincided with dramatic increases in the recorded fluorescent particle counts. The WIBS sizing and fluorescence intensity profiles indicated that the origin of the signals was potentially non-biological in nature (i.e. PBAPs, primary biological aerosol particles). Furthermore, the data did not support the presence of known fluorescing …

Surface Modification Of Silver Nanoparticle (Agnp) By Liposomal Encapsulation Mitigates Agnp-Induced Inflammation, Azeez O. Yusef, Alan Casey

Articles

Silver nanoparticles (AgNP) are widely used in a variety of consumable products as antibacterial to prevent or treat infection. Unfortunately, evidence exits that AgNP induces inflammation which can worsen with repeated human exposure. However, there is little or no research on how to mitigate these adverse effects due to AgNP induced-toxicity. Here, we investigated if surface modification of AgNP by liposomal encapsulation suppresses AgNP-mediated inflammatory responses in THP1 monocytes and THP1 differentiated macrophages (TDM). AgNP was encapsulated in a dipalmitoyl phosphatidyl choline- (DPPC)/cholesterol-based liposome by extrusion through a 100-nm polycarbonate membrane to form Lipo-AgNP. It was found as expected that …

Synchrotron Macro Atr-Ftir Microspectroscopy For High Resolution Chemical Mapping Of Single Cells, Jitraporn Vongsvivut, David Perezguaita, Bayden Wood, Phil Heraud, Karina Khambatta, David Hartnell, Mark J. Hackett, Mark J. Tobin

Articles

Attenuated total reflection Fourier transform infrared (ATR-FTIR) spectroscopy has been used widely for probing the molecular properties of materials. Coupling a synchrotron infrared (IR) beam to an ATR element using a high numerical aperture (NA) microscope objective enhances the spatial resolution, relative to transmission or transflectance microspectroscopy, by a factor proportional to the refractive index (n) of the ATR element. This work presents the development of the synchrotron macro ATR-FTIR microspectroscopy at Australian Synchrotron Infrared Microspectroscopy (IRM) Beamline, and demonstrates that high quality FTIR chemical maps of single cells and tissues can be achieved at an enhanced spatial …

Risk Factors Associated With Myopia In Schoolchildren In Ireland, Síofra Harrington, Jim Stack, Veronica O'Dwyer

Articles

Aim To examine the demographic and social factors associated with myopia in schoolchildren in Ireland.

Methods Thirty-seven schools participated, representing a mix of urban and rural schools and schools in socioeconomically disadvantaged and non-disadvantaged areas in Ireland. Examination included cyclopleged autorefraction (1% cyclopentolate hydrochloride). Height and weight of participants were measured. Parents filled in a participant’s lifestyle questionnaire, including questions on daily screen time use and daylight exposure. Myopia was defined as spherical equivalent ≤−0.50 D.

Results Data from 1626 participants (881 boys, 745 girls) in two age groups, 6–7 years (728) and 12–13 years (898), were examined. Myopia prevalence …

Comparing Grounded Theory And Phenomenology As Methods To Understand Lived Experience Of Engineering Educators Implementing Problem-Based Learning, Shannon Chance, Gavin Duffy, Brian Bowe

Articles

Convincing teachers to implement pedagogical innovations is notoriously hard. This research project investigated the shift in pedagogical approach among a small group of faculty as they replaced traditional lecture-based methods with problem-based learning projects. Interviews were conducted with eight drivers of this change, around the question: What was it like to be part of a learning group focused on tangible change toward student-centred learning? Objectives were to understand how pedagogical change happened in an electrical engineering programme at a post-secondary institution in Ireland; analyse data using two different research methods; describe the processes, results, and findings, determining: To what extents …

Efficient Spectral Compression Of Wavelength-Shifting Soliton And Its Application In Integratable All-Optical Quantization, Chao Mei, Jinhui Yuan, Feng Li, Binbin Yan, Xinzhu Sang, Qiang Wu, Xian Zhou, Kuiru Wang, Chongxiu Yu, Gerald Farrell

Articles

n this paper, we numerically demonstrate efficient spectral compression (SPC) of wavelength-shifting soliton in a chalcogenide strip waveguide. It is found that the profiles of group-velocity dispersion (GVD) and Kerr nonlinearity play key roles in determining SPC. After calculating the dispersion of Kerr nonlinearity and Raman spectrum for three kinds of chalcogenide materials, Ge11.5As24Se64.5 is chosen as the material for designing the chalcogenide strip waveguide (CSW). The geometric parameters of CSW are optimized to obtain the desired GVD and Kerr nonlinearity. Simulation results show that in the designed CSW, an input spectrum width of 52.04 nm can be compressed to …

Low Level Turbulence Detection For Airport, Derek Kearney, Anthony O'Connor

Articles

Low level wind shear and turbulence present a serious safety risk to aircraft during the approach, landing and take-off phases. Despite many advances in on-board and ground based warning systems. Wind shear remains a formidable force that coupled with a microburst can overpower any aircraft. Aviation reports have concluded that pilots need to have improved information in relation to tailwinds, wind shear and wind variations on approach and during the landing phases. Low level wind shear continues to cause disruption, delays and contribute to aircraft crashes. As recently as 2016, two Boeing aircraft crashed while attempting a Go-around manoeuver after …

The Study Of Grit In Engineering Education Research: A Systematic Literature Review, Shannon Chance, Inês Direito, Manish Malik

Articles

Researchontheroleofgrit–definedasbothperseveranceandpassionfor long-termgoals–onhumanperformancehasbeenconductedforthepast decade. It has been suggested that this non-cognitive factor is a better predictor of students’ retention than traditional academic measures. These findings hold relevance for engineering education research but studies on this area are still scarce. This paper provides a systematic review of the current state of research on grit and its correlates in engineering higher education research. Publications were identified using three types of databases specific to engineering education; a final set of 31 relevant records was analysed by type of population, methods, research topics and main results. Most of the reviewed studies implemented quantitative methodologies to …

Use Of Matrix-Pencil Method For Efficient Islanding Detection In Static Dg And A Parallel Comparison With Dwt Method, Sanjay Agrawal, Sandipan Patra, Soumya R. Mohanty, Vineeta Agarwal, Malabika Basu

Articles

Islanding or nonislanding events in grid-connected distributed generation bring along a typical distinguishable transient signature in its frequency profile. This demarcation leads to the development of a new islanding protection approach, which is based on the estimation of frequency waveform parameter (transient's frequency) by Matrix pencil (MP) method. To demonstrate the efficacy of the proposed MP method, four critical scenarios are considered in this paper for covering all possible disturbance events. These events are also compared along with a discrete wavelet transform (DWT) based islanding detection method in simulations as well as in RT-LAB-based real-time environment. It is noteworthy to …

Protection Of Sensitive Loads Using Sliding Mode Controlled Three-Phase Dvr With Adaptive Notch Filter, Samet Biricik, Hasan Komurcugil, Nguyen Duc Tuyen, Malabika Basu

Articles

This paper introduces a sliding mode control (SMC) strategy for three-phase dynamic voltage restorers (DVRs) with a 12-switch voltage source inverter. The compensating voltage references needed in the SMC strategy are generated by an adaptive notch filter (ANF), which exhibits excellent performance under grid voltage anomalies such as voltage sags, swells, and unbalanced and distorted grid voltage conditions. The consequence of using the ANF eliminates the use of phase-lock loop or frequency-lock loop and low-pass filter, which makes it distinguishable from the existing reference signal generation solutions. In addition, the use of the SMC strategy with its attractive properties makes …