Digital Commons Network^™

Apportioning Liability Behind A Veil Of Uncertainty, J. Shahar Dillbary

Articles

This article challenges the reason that led most states to abandon the "no contribution" rule Under the rule if a victim obtains a judgment against two tortfeasors but chooses even arbitrarily or out of spite to recover only from one the "chosen one" must pay the entire judgment while the other is exempt although both are liable This is the case even if the paying tortfeasor is only 1 at fault while the nonpaying tortfeasor is 99 at fault The rule has been lamented by tort reform crusaders as immoral and unfair One tortfeasor the argument goes should not bear …

Between Formulary Apportionment And The Oecd Guidelines: A Proposal For Reconciliation, Reuven S. Avi-Yonah

Articles

In the last 30 years, a debate has been raging in international tax circles between advocates of the OECD Transfer Pricing Guidelines and the arm’s length standard (ALS) they embody, on the one hand, and advocates of formulary apportionment (FA) on the other. After the adoption of the 1995 regulations and the new OECD Guidelines, the debate became quieter for a while, because everyone was waiting to see whether the issue had been resolved. However, while there have been few decided cases, it is clear by now that the transfer pricing problem is as bad as it ever was. That …

Defending Juveniles Facing Life Without Parole In Michigan, Kimberly A. Thomas

Articles

In Graham v. Florida, the United State Supreme Court held that life without parole could not be imposed on a juvenile offender for a non-homicide crime. This article discusses the challenges, under the Eighth Amendment and the Michigan Constitution, to the sentence of life without parole imposed on someone 17 years old or less.

Launch Of An International Transactions Clinic: Doing Good While Doing Deals, Deborah Burand

Articles

September 2008 marked the launch of the International Transactions Clinic (ITC) at the University of Michigan Law School, the first legal clinic of its kind to combine an international and transactional focus. As Law School Dean Evan Caminker said upon the launch of the ITC, “[t]his is an exciting opportunity to involve a new generation of bright legal minds in cross-border transactions that will train our students for a lifetime of international business dealings, and that can also make an enormous difference in the lives of people in the developing world.”

The Filaments Of The Vicarious, Jospeh Vining

Articles

Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I hope what you are doing for me is also for you and your work and your encourage-ment about the decades behind you or to come. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and …

The U.N. Disability Convention: Creating Opportunities For Participation, Janet E. Lord

Articles

No abstract provided.

Monitoring The Convention On The Rights Of Persons With Disabilities: Innovations, Lost Opportunities, And Future Potential, Professor Michael Stein, Janet E. Lord

Articles

As the first human rights treaty of the twenty-first century, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) protects some 650 million persons with disabilities. The CRPD also has an opportunity to progressively reconfigure the structure and process of human rights oversight. While the overall framework for monitoring and implementing the CRPD resembles existing core human rights instruments, it has some notable features. The CPRD Committee is endowed with several innovations of significant potential, especially in the breadth of reporting and investigative procedures, thereby offering prospects for other treaty bodies and the human rights system more …

Securities Class Actions Move North: A Doctrinal And Empirical Analysis Of Securities Class Actions In Canada, Adam C. Pritchard, Janis P. Sarra

Articles

The article explores securities class actions involving Canadian issuers since the provinces added secondary market class action provisions to their securities legislation. It examines the development of civil liability provisions, and class proceedings legislation and their effect on one another. Through analyses of the substance and framework of the statutory provisions, the article presents an empirical and comparative examination of cases involving Canadian issuers in both Canada and the United States. In addition, it explores how both the availability and pricing of director and officer insurance have been affected by the potential for secondary market class action liability. The article …

Climbing Eements In Finite Coxeter Groups, Colum Watt, Thomas Brady, Aisling Kenny

Articles

We define the notion of a climbing element in a finite real reflection group relative to a total order on the reflection set and we characterise these elements in the case where the total order arises from a bipartite Coxeter element.

Schrödinger Operators With Δ'Interactions And The Krein–Stieltjes String, Aleksey Kostenko, M. M. Malamud

Articles

We investigate one dimensional symmetric Schrödinger operator HX, β with δ' interactions of strength β = ⊂ on a discrete set X = ⊂ [0, b), b ≤ +∞ (xn ↑ b). We consider HX, β as an extension of the minimal operator Hmin := –d2/dx2 (\X) and study its spectral properties in the frame work of the extension theory by using the technique of boundary triplets and the corresponding Weyl functions. The construction of a boundary triplet for is given in the case d∗ := infn ∈ |xn – xn – 1| = 0. We show that spectral properties …

The Context Matters: Understanding The Evolution Of Finnish And Irish Entrepreneurship Policies, Jarna Heinonen, Ulla Hytti, Thomas M. Cooney

Articles

Purpose – The paper aims to describe the manner in which entrepreneurship policies are embedded in the national contexts and then through analysis offers a deeper understanding of the development of Finnish and Irish entrepreneurship policies. It seeks to focus on three questions: What is the context for entrepreneurship policies in the studied countries?; What kind of governance structure for entrepreneurship policy can be identified and derived from theoretical perspectives?; and What policy instruments and content are associated with governance rationale?

Design/methodology/approach – The empirical data involve primary data on national entrepreneurship policy documents illustrating the governance structure for policy …

Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo

Articles

People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …

Consumer Awareness In The Adoption Of Microgeneration Technologies: An Empirical Investigation In The Republic Of Ireland, Marius Claudy, Claus Michelsen, Aidan O'Driscoll, Michael Mullen

Articles

Despite major policy and marketing efforts, the uptake of microgeneration technologies in most European countries remains low. Whereas most academic studies and policy reports aim to identify the underlying reasons why people buy these new technologies, they often fail to assess the general level of consumer awareness. The process of adopting an innovation, however, shows that awareness is a prerequisite which needs to be understood before adoption can be addressed. This paper takes a closer look at awareness of microgeneration and presents the results from a nationally representative study conducted in the Republic of Ireland. Findings from logistic regressions clearly …

Three Dimensional Collagen Gels As A Cell Culture Matrix For The Study Of Live Cells By Raman Spectroscopy, Franck Bonnier, Aidan Meade, S. Merzha, Peter Knief, Kunal Bhattacharya, Fiona Lyng, Hugh Byrne

Articles

Three dimensional collagen gels are evaluated as matrices for the study of live cells by Raman spectroscopy. The study is conducted on a human lung adenocarcinoma (A549) and a spontaneously immortalized human epithelial keratinocyte (HaCaT) cell line. It is demonstrated, using the Alamar Blue assay, that both cell models exhibit enhanced viability in collagen matrices compared to quartz substrates, commonly used for Raman spectroscopy. Using principal component analysis, it is shown that the Raman spectral analysis of cells in collagen matrices are minimally contaminated by substrate contributions and the cell to cell spectral variations are greatly reduced compared to those …

Heat Transfer Through The Boundary Layer On A Moving Cylindrical Fibre, Brendan Redmond, David Mcdonnell

Articles

This paper applies boundary layer theory to the process of manufacturing polymer fibres known as the melt spinning process. The rate of heat loss of the fibre during this process, characterised by the local Nusselt number, is evaluated by means of a Pohlhausen integral method.

Young People's Use Of Online Social Networking Sites :A Uses And Gratifications Perspective, Aine Dunne, Margaret-Anne Lawlor, Jennifer Rowley

Articles

Abstract Purpose – The purpose of this paper is to explore why young people use and participate in social networking sites (SNS) with specific reference to Bebo. Design/methodology/approach – A qualitative approach is employed in this study with a view to exploring the uses and gratifications that girls aged 12 to 14 years, both seek and obtain from the Bebo social networking site. The research was conducted in a school setting in Ireland. Findings – The findings indicate that the participants are actively using Bebo for their own personal motives and gratifications in terms of presenting and managing a certain …

Motion In Augmented Reality Games: An Engine For Creating Plausible Physical Interactions In Augmented Reality Games, Brian Mac Namee, David Beaney, Qingqing Dong

Articles

The next generation of Augmented Reality (AR) games will require real and virtual objects to coexist in motion in immersive game environments. This will require the illusion that real and virtual objects interact physically together in a plausible way. The Motion in Augmented Reality Games (MARG) engine described in this paper has been developed to allow these kinds of game environments. The paper describes the design and implementation of the MARG engine and presents two proof-of-concept AR games that have been developed using it. Evaluations of these games have been performed and are presented to show that the MARG engine …

Forty Years Of Movie Hacking: Considering The Potential Implications Of The Popular Media Representation Of Computer Hackers From 1968 To 2008, Damian Gordon

Articles

Increasingly movies are being produced which feature plots that incorporate elements of computer security and hacking, and cumulatively these movies are creating a public perception as to the nature of computer security. This research examines movies that feature hackers (and hacking) to identify if any common themes emerge from these movies in their representation of these issues. To achieve this, first a corpus of hacking movies is created, and then using a qualitative data analysis technique, guidelines are developed which distinguish those movies that actually have the potential to create a perception with the general public. The resultant dataset is …

(Le)Agility In Humanitarian Aid Supply Chains, Kirstin Scholten, Pamela Sharkey Scott, Brian Fynes

Articles

Purpose - This paper explores the concept of agility in the context of supply chains of humanitarian aid (HA) organizations, particularly Non Government Organizations (NGOs). This responds to the increasing pressure on NGOs to use their resources more strategically if they are to gain donor trust and long term commitment. Design/ Methodology/Approach - A literature based approach that extends the commercial supply chain concept of agility to NGOs is combined with the first exploratory semi structured interviews of these concepts with five NGO supply chain directors. Findings – The commercial concept of agility when responding to disaster relief holds strong …

From Federations To Global Factories: Assessing The Contribution Of The Subsidiary Middle Manager In Today’S Mne, Donal O'Brien, Pamela Sharkey Scott, Pat Gibbons

Articles

The evolution of MNEs (Multinational Enterprises) from rigid and hierarchical structures to more distributed authority and autonomy led to the theoretical justification for conceptualising them as a federative rather than unitary organisations (Ghoshal and Bartlett, 1990). Fundamental to the Federative MNE is the suggestion that subsidiary units, through their own actions, can modify the power base and influence MNE strategy ‘from below’ (Andersson et al., 2007). Considerable research highlights the potential of subsidiary units for knowledge creation and initiative (Birkinshaw, 1997, Rugman and Verbeke, 2001, Williams, 2009), but to date it has failed to confirm that MNEs actually operate as …

Editorial: Nutrition Research Reviews, Katherine Younger

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No abstract provided.

Self Protection From Anti-Viral Responses – Ro52 Promotes Degradation Of The Transcription Factor Irf7 Downstream Of The Viral Toll-Like Receptors, Rowan Higgs, Elisa Lazzari, Claire Wynne, Joan Ní Gabhann, Alexander Espinosa, Marie Wahren-Herlenius, Caroline A. Jefferies

Articles

Ro52 is a member of the TRIM family of single-protein E3 ligases and is also a target for autoantibody production in systemic lupus erythematosus and Sjo¨ gren’s syndrome. We previously demonstrated a novel function of Ro52 in the ubiquitination and proteasomal degradation of IRF3 following TLR3/4 stimulation. We now present evidence that Ro52 has a similar role in regulating the stability and activity of IRF7. Endogenous immunoprecipitation of Ro52-bound proteins revealed that IRF7 associates with Ro52, an effect which increases following TLR7 and TLR9 stimulation, suggesting that Ro52 interacts with IRF7 post-pathogen recognition. Furthermore, we show that Ro52 ubiquitinates IRF7 …

Speech Intelligibility From Image Processing, Andrew Hines, Naomi Harte

Articles

Hearing loss research has traditionally been based on perceptual criteria, speech intelligibility and threshold levels. The development of computational models of the auditory-periphery has allowed experimentation via simulation to provide quantitative, repeatable results at a more granular level than would be practical with clinical research on human subjects.

Enhancing 3d Lidar Data Handling, Debra Laefer, Michela Bertolotto, Bianca Schoen-Phelan

Articles

more evident than in the limited capabilities of Spatial Information Systems (SIS) to manipulate data from aerial Light Detection and Ranging (LiDAR). Currently, multiple software packages are needed to conduct three-dimensional (3D) analysis of LiDAR data. This workflow heavily relies on importing and exporting different file formats, thus potentially losing accuracy and increasing costs. Ideally, all required functionality would be available within a single system. New functionalities in Oracle Spatial combined with our enhanced 3D-indexing for hosting and analysing offer a critical breakthrough in this area.

Assessing The Application Of 3d Collaborative Interfaces Within An Immersive Virtual University, Gavin Mcardle, Bianca Schoen-Phelan, Michela Bortolotto

Articles

The need to stimulate and engage students is of paramount importance within any learning scenario. Despite this, recent developments in online learning have failed to take this requirement into account. As a result e-learning courses which utilise traditional online learning management systems have a higher dropout rate than their classroom based counterparts. The attrition rate is attributed to boredom with the interfaces used to deliver learning material and also to the lack of opportunities to interact socially with others. Furthermore, being in a virtual environment imposes a whole new set of challenges onto users due to the distinct lack of …

Mobile Mapping System Lidar Data Framework, P. Lewis, C. Mcelhinney, Bianca Schoen-Phelan, T. Mccarthy

Articles

Mobile Mapping Systems (MMSs) for infrastructural monitoring and mapping arebecoming more prevalent as the availability and affordability of solutions that generate high accuracy geospatial data has matured.However, no existent methodology or systemexists where all theLiDAR, video, navigation,infrared and multispectraldata sources,collected from thismobile platform are integrated into a single, comprehensivedata management solution. Based on empirical experience there is a need for an MMS-data management framework where these types of data can be dynamically accessed and integratedto enable different projects with varying objectives todynamically accessdifferent MMS-data for, in one example, use in feature extraction algorithms. In this paper we introduce the LiDAR …

Dietary Energy Density As Marker Of Dietary Quality In Swedish Children And Adolescents: The European Youth Heart Study, Emma Patterson, J. Wärnberg, E. Poortvliet, John Kearney, M. Sjöström

Articles

To investigate if dietary energy density is associated with measures of dietary quality (food group, micronutrient and macronutrient intakes) in children and adolescents.

Synthesis And Evaluation Of Azetidinone Analogues Of Combretastatin A-4 As Tubulin Targeting Agents, Niamh O'Boyle, Miriam Carr, Lisa M. Greene, Orla Bergin, Seema M. Nathwani, Thomas Mccabe, David G. Lloyd, Daniela M. Zisterer, Mary J. Meegan

Articles

The synthesis and antiproliferative activity of a new series of rigid analogues of combretastatin A-4 are described which contain the 1,4-diaryl-2-azetidinone (β-lactam) ring system in place of the usual ethylene bridge present in the natural combretastatin stilbene products. These novel compounds are also substituted at position 3 of the β-lactam ring with an aryl ring. A number of analogues showed potent nanomolar activity in human MCF-7 and MDA-MB-231 breast cancer cell lines, displayed in vitro inhibition of tubulin polymerization and did not cause significant cytotoxicity in normal murine breast epithelial cells. 4-(4-Methoxyaryl)-substituted compound 32, 4-(3-hydroxy-4-methoxyaryl)-substituted compounds 35 and 41 and …

Are Gender Stereotypes Bad For Women? Rethinking Antidiscrimination Law And Work-Family Conflict, Julie C. Suk

Articles

The conflict between work and family responsibilities remains a significant barrier to women's equality in the American workplace. As many commentators have noted with envy, the United States stands apart from most European countries in its failure to give women a legal right to paid maternity leave.

This Article argues that the United States's potential for reconciling the work-family conflict is undermined by the predominance of antidiscrimination law. The unique trajectory of U.S. antidiscrimination law, designed to combat paternalism and gender stereotypes, has pushed family and medical leave into a single legal regime. But today, due to the costs and …

The False Modesty Of Department Of Revenue V. Davis: Disrupting The Dormant Commerce Clause Through The Traditional Public Function Doctrine, Edward A. Zelinsky

Articles

No abstract provided.