Digital Commons Network^™

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

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Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime.

There is less agreement, however, in how …

A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane K. Winn, Nicolas Jondet

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In 2007, France created the Regulatory Authority for Technical Measures (lAutoritj de Rdgulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded "technical protection measures" (TPM), also known as "digital rights management" technologies (DRM). ARMT was established in part to rectify what French lawmakers perceived as an imbalance in the rights of copyright owners and end users created when the European Copyright Directive (EUCD) was transposed into French law as the "Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information" (DADVSI).

ARMT is both …

Are "Better" Security Breach Notification Laws Possible?, Jane K. Winn

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This Article will evaluate the provisions of California's pioneering security breach notification law (SBNL) in light of "better regulation" or "smart regulation" criteria in order to highlight the costs of taking a narrowly focused, piecemeal approach and the benefits of taking a more comprehensive perspective to the problems of identity theft and information security. Just as the basic structure of SBNLs was borrowed from environmental law, this Article will borrow from decades of analysis of the impact of environmental regulation to evaluate the likely impact of SBNLs.

Just as environmental laws can be used to reduce externalities created through the …

Globalization And Standards: The Logic Of Two-Level Game, Jane K. Winn

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The emergence of a global information architecture has fueled regulatory competition among nations and regions to set information and communication technology (“ICT”) standards. Such regulatory competition can be thought of as a two level game: level one is competition to set ICT standards within a nation or region; level two is competition to set the global ICT standards with reference to local standards.

The United States and the European Union are global leaders in setting ICT standards, and compete to set global ICT standards based on different local regulatory cultures: the U.S. is a “liberal market economy” (“LME”) within which …

Defusing The "Atom Bomb" Of Patent Litigation: Avoiding And Defending Against Allegations Of Inequitable Conduct After Mckeeson Et Al., Sean M. O'Connor

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The doctrine of inequitable conduct in patent law has a long and vexing history. While it is sometimes mistakenly conflated with the United States Patent and Trademark Office's Rule 56, the doctrine is actually a purely equitable one established by the Supreme Court in 1945—and not revisited by it since then.

This Article re-establishes the roots and proper context of the doctrine, while tracing its confused interactions with Rule 56 over the ensuing decades. The Article reaffirms the necessary balancing act between over and under disclosure of references during patent prosecution, and the inverse sliding scale relationship of materiality and …

Spectroscopic Study Of The Dimerisation Process Of Iron Protoporphyrin Ix, K. Dziedzic-Kocurek, Hugh Byrne, A. Swiderski, J. Stanek

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The commercial protoporphyrin IX, iron-ferriprotoporphyrin IX-chloride and synthesized iron porphyrin μ-oxo-dimers were examined by UV/vis absorption and fluorescence, Fourier transformed infrared spectroscopy, resonance Raman, X-ray absorption, Mössbauer spectroscopy and SQUID. The evidence of Fe-O-Fe antiferromagnetic coupling concluded from SQUID and Mössbauer in the case of samples containing dimerized forms confirmed the presence of the oxo-bridges. In this paper the results of UV/vis, fluorescence, Fourier transform infrared FTIR and Raman spectroscopies are reported and discussed. The study is based on the comparison of the free-base protoporphyrin IX, Fe-PPIX-Cl and the synthesized dimerized specimen. The vibrational modes in two energy regions i.e. …

The Bundle Dispersion Of Swnt On Interaction With P-Terphenyl, Theresa Hedderman, Anika Mostaert, Anne Shanahan, Hugh Byrne

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This paper investigates the interaction and bundle dispersion of single walled carbon nanotubes (SWNT) produced by arc discharge and by the high pressure decomposition of carbon monoxide, often referred to as the HiPco method, in the presence of the molecule p-terphenyl. The study will show that the extent of SWNT bundle dispersion and the degree of interaction with p-terphenyl is related to the level of purity of the SWNT sample. This study compares the bundle dispersion and interaction of SWNT with p-terphenyl in their as produced state and after purification. A number of spectroscopic and microscopic techniques are used to …

Titanium Dioxide Nanoparticles Induce Oxidative Stress And Dna-Adduct Formation But Not Dna-Breakage In Human Lung Cells, Kunal Bhattacharya, Maria Davoren, Jens Boertz, Roel P.F. Schins, Eik Hoffmann, Elke Dopp

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Titanium dioxide (TiO2), also known as titanium (IV) oxide or anatase, is the naturally occurring oxide of titanium. It is also one of the most commercially used form. To date, no parameter has been set for the average ambient air concentration of TiO2 nanoparticles (NP) by any regulatory agency. Previously conducted studies had established these nanoparticles to be mainly non-cyto- and -genotoxic, although they had been found to generate free radicals both acellularly (specially through photocatalytic activity) and intracellularly. The present study determines the role of TiO2-NP (anatase, ∅ < 100 nm) using several parameters such as cyto- and genotoxicity, DNA-adduct formation and generation of free radicals following its uptake by human lung cells in vitro. For comparison, iron containing nanoparticles (hematite, Fe2O3, ∅ < 100 nm) were used. The results of this study showed that both types of NP were located in the cytosol near the nucleus. No particles were found inside the nucleus, in mitochondria or ribosomes. Human lung fibroblasts (IMR-90) were more sensitive regarding cyto- and genotoxic effects caused by the NP than human bronchial epithelial cells (BEAS-2B). In contrast to hematite NP, TiO2-NP did not induce DNA-breakage measured by the Comet-assay in both cell types. Generation of reactive oxygen species (ROS) was measured acellularly (without any photocatalytic activity) as well as intracellularly for both types of particles, however, the iron-containing NP needed special reducing conditions before pronounced radical generation. A high level of DNA adduct formation (8-OHdG) was observed in IMR-90 cells exposed to TiO2-NP, but not in cells exposed to hematite NP. Our study demonstrates different modes of action for TiO2- and Fe2O3-NP. Whereas TiO2-NP were able to generate elevated amounts of free radicals, which induced indirect genotoxicity mainly by DNA-adduct formation, Fe2O3-NP were clastogenic (induction of DNA-breakage) and required reducing conditions for radical formation.

Engineering Of A Single Alkaline Fuel Cell Part Ii: Long Term Operation In Air, Jonathan Blackledge, Eugene Coyle, David Kennedy, Heinz Schmidt-Walter, Hans Kohnke, Steffen Schudt, Gerhard Sauer, James Hamilton

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Research into renewable energy sources has previously lacked sufficient investment. However, emphasis has now shifted and funding is being made available in a proactive manner by various governments eager to encourage renewable energy technology and reduce carbon taxes. Fuel Cells offer a realistic, sustainable and clean alternative energy option for stationary and mobile applications. Hydrogen and fuel cell technologies are recognised by many as possible long term energy solutions, but to-date, have failed to make an impact on the energy market. This is due to a number of key reasons, some of which include efficiency, scale, accessories and power output. …

Engineering Of A Single Alkaline Fuel Cell Part I: Construction Of A Test Bed, Jonathan Blackledge, James Brunton, Eugene Coyle, David Kennedy, Heinz Schmidt-Walter, Hans Kohnke, Gerhard Sauer, Steffen Schudt, James Hamilton

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Fuel Cells offer a realistic, sustainable and clean alternative energy option for stationary and mobile applications. Hydrogen and fuel cell technologies are recognised by many as possible long term energy solutions, but to-date have failed to make an impact on the energy market. This is due to a number of key reasons, some of which include, efficiency, scale, accessories and power output. Applying fuel cells to small telecommunication components requires the applications of Micro and Nanotechnology, which have yet to be perfected to make them long lasting and cost effective. This paper outlines the reasons for commercialisation of fuel cells …

From Environment To Energy: China's Reconceptualization Of Climate Change, Dongsheng Zang

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Domestically and internationally, by the first half of 2009 it was already questionable whether the Copenhagen Conference could achieve anything. Anthony Giddens warned-in an otherwise inspiring book on climate change-that "doomsday is no longer a religious concept, a day of spiritual reckoning, but a possibility imminent in our society and economy." In such a context, it becomes imperative to revisit some of the fundamental issues in the Kyoto Protocol framework. Are timetables and targets really the best way to regulate climate change? Does the current framework create bad politics? Where are the powerful driving forces towards a low-carbon society?

This …

Tax Shelters And Statutory Interpretation: A Much Needed Purposive Approach, Shannon Weeks Mccormack

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Few are unaware that the Tax Code and Regulations provide a detailed, complex (and lengthy) set of rules. It is hardly surprising (or new) that taxpayers attempt to avoid these rules to lower their taxes. Courts and lawmakers have long grappled to identify abusive transactions and strip taxpayers of the associated tax savings. The transactions have, however, changed dramatically over the last decade making the task much more challenging. The rapid proliferation of aggressive and diverse tax shelters has created what many refer to as a tax shelter war. In general, tax shelters refer to transactions carefully designed to fit …

Conditions And Covenants In License Contracts: Tales From A Test Of The Artistic License, Robert W. Gomulkiewicz

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Pity the poor Artistic License version 1.0 (ALv1). The Free Software Foundation criticizes the license as “too vague” with some passages “too clever for their own good.” The Open Source Initiative suggests that it has been “superseded.” ALv1’s authors at the Perl Foundation even acknowledge its flaws.

Yet it is the ALv1, not the venerable GNU General Public License (GPL), which the Federal Circuit upheld in Jacobsen v. Katzer [535 F.3d 1373 (Fed. Cir. 2008)], establishing at long last that open source licenses are enforceable. Although that outcome received most of the headlines, the case’s greater significance lies elsewhere.

Jacobsen …

Hiding Behind "Tradition"? Should U.S. Vessel Traffic Centers Exercise Greater Direction And Control Over Vessels In Their Areas?, Craig H. Allen

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In the alermath of the 2007 COSCO BUSAN allision and oil spill, some asked whether United States Coast Guard Vessel Traffic Service (VTS) operators monitoring the developing incident should have intervened explicitly to wam the vessel or even order it to take avoiding action.

The controversy called to mind a speech by a former IMO secretary-general in which he suggested that those resisting greater shore-based control were "hiding behind tradition." In its investigation of the COSCO BUSAN incident, the National Transportation Safety Board (NTSB) urged the Coast Guard to better define its expectations regarding the exercise of VTS control authority …

Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson

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Over thirty years ago the United States Supreme Court upheld an Oregon statute that allowed sentencing courts, with a number of important procedural safeguards, to impose on indigent criminal defendants the obligation to repay the cost of their court appointed attorneys. The practice of ordering recoupment or contribution (application fees or co-pays) of public defender attorney's fees is widespread, although collection rates are unsurprisingly low.

Developments since the Court's decision in Fuller v. Oregon show that not only is recoupment not cost-effective, but it too easily becomes an aspect of punishment, rather than legitimate cost-recovery. In a number of jurisdictions, …

Worst Case And The Worst Example: An Agenda For Any Young Lawyer Who Wants To Save The World From Climate Chaos, William H. Rodgers, Jr., Anna T. Moritz

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Wherever you turn with regard to climate change, you'll hear about the worst, and the worst of the worst, and the worst that will happen after that. Young lawyers should put themselves in the right frame of mind to tackle all these "worsts" that are headed our way.

In the interest of keeping it simple, we would suggest a personal strategy for every young lawyer that would entail: (I) Honoring Knowledge and Learning; (II) Protecting Your Institutions and Loving Your Country; (III) Planning and Conducting Your Personal War on Bad Law; and (IV) Rejecting Defeatism and Impossibility Theorems.

Let's consider …

Success Or Failure?: Japan's National Strategy On Intellectual Property And Evaluation Of Its Impact From The Comparative Law Perspective, Toshiko Takenaka

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This short Article will discuss Japan's national IP strategy and changes brought to the IP system, focusing on features that follow the U.S. IP system. Additionally, it will review these changes from the comparative law perspective and evaluate whether the new system has accomplished its national strategy mission.

Leitprinzip Gleichstellung?: 10 Jahre Gender Mainstreaming In Der Deutschen Bundesverwaltung, Susanne Baer, S. Lewalter, J. Gebbert

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Gender Equality as a Guiding Principle? – 10 Years of Gender Mainstreaming in the Federal Administration of Germany The implementation of gender mainstreaming in the German federal administration from 1999 to 2009 is described from the perspective of actors of scientific consultancy. From the beginning the process of implementation was focused on the change of administrative routines. Important and innovative results were achieved in this field. But this approach had obvious limitations, because the relevance of objectives of gender equality for the work of each ministry was rarely discussed. Making gender equality a principle that guides the work of the …

Antimicrobial Activity Of Plant Essential Oils Using Food Model Media: Efficacy, Synergistic Potential And Interaction With Food Components, Jorge Gutierrez, Catherine Barry-Ryan, Paula Bourke

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The aim of this study was to optimise the antimicrobial efficacy of plant essential oils (EOs) for control of Listeria spp. and spoilage bacteria using food model media based on lettuce, meat and milk. The EOs evaluated were lemon balm, marjoram, oregano and thyme and their minimum inhibitory concentrations (MIC) were determined against Enterobacter spp., Listeria spp., Lactobacillus spp., and Pseudomonas spp. using the agar dilution method and/or the absorbance based microplate assay. MICs were significantly lower in lettuce and beef media than in TSB. Listeria strains were more sensitive than spoilage bacteria, and oregano and thyme were the most …

An Investigation Into The Semantics Of English Topological Prepositions, John D. Kelleher, Colm Sloan, Brian Mac Namee

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This paper describes a psycholinguistic experiment that investigates whether the applicability of the topological spatial prepositions "at", "on" or "in" to describe the spatial configuration between two objects is related to the topological relationships between objects being described

Dispersion Medium Modulates Oxidative Stress Response Of Human Lung Epithelial Cells Upon Exposure To Carbon Nanomaterial Samples, Eva Herzog, Hugh Byrne, Maria Davoren, Alan Casey, Albert Duschl, Gertie Janneke Oostingh

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Due to their large specific surface area, the potential of nanoparticles to be highly reactive and to induce oxidative stress is particularly high. In addition, some types of nanoparticles contain transition metals as trace impurities which are known to generate reactive oxygen species (ROS) in biological systems. This study investigates the potential of two types of single-walled carbon nanotube samples, nanoparticulate carbon black and crocidolite asbestos to induce ROS in lung epithelial cells in vitro. Carbon nanotube and carbon black samples were used as produced, without further purification or processing, in order to best mimic occupational exposure by inhalation of …

Raman Spectroscopy: A Potential Platform For The Rapid Measurement Of Carbon Nanotube-Induced Cytotoxicity, Peter Knief, Colin Clarke, Eva Herzog, Maria Davoren, Fiona Lyng, Aidan Meade, Hugh Byrne

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In this study the suitability of Raman spectroscopy for the determination of carbon nanotube mediated toxicity on human alveolar carcinoma epithelial cells (A549) is explored. The exposure of this cell line represents the primary pathway of exposure in humans, that of inhalation. Peak ratio analysis demonstrates a dose dependent response which correlates to previous toxicological studies. Principal component analysis is employed to further classify cellular response as a function of dose and to examine differences between spectra as a function of exposed concentration. To further illustrate the potential of Raman spectroscopy in this field, Partial Least Squares (PLS) regression and …

On The Socles Of Characteristic Subgroups Of Abelian P-Groups, P. V. Danchev, Brendan Goldsmith

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Fully invariant subgroups of an Abelian p-group have been the object of a good deal of study, while characteristic subgroups have received somewhat less attention. Recently the socles of fully invariant subgroups have been studied and this led to the notion of a socle-regular group. The present work replaces the fully invariant subgroups with characteristic ones and leads in a natural way to the notion of a strongly socle-regular group. A surprising relationship, mirroring that between transitive and fully transitive groups, is obtained.

Providing Academic Leadership Through The Role Of Senior Lecturer 1 (Teaching) Using The Theme Of 'Sustainable Energy' As An Example, Jim Mcgovern

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An academic leader should lead in their particular area and should love what they are doing. An example of leadership in the area of 'sustainable energy use' is presented that involves leading through identifying and participating in the development of emerging technologies. Excellent academic leadership can be provided by a Senior Lecturer through active research, incorporating the latest developments in student-centred learning in their work and providing example and encouragement for colleagues and learners.

Rating Requirements Of The Upqc To Integrate The Fsig Type Wind Generation To The Grid, N. Jayanti, Malabika Basu, Michael Conlon, Kevin Gaughan

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The ability of wind generation to remain connected to the grid in the event of system faults and dynamic reactive power compensation are two aspects of grid integration, which have received particular attention. The wind driven, fixed-speed induction generator (FSIG) on its own fails to fulfil these requirements of grid integration. The application of a unified power quality conditioner (UPQC) to overcome the grid integration problems of the FSIG is investigated. The role of the UPQC in enhancing the fault ride-through capability of the generator is also investigated under both full and partial terminal voltage restoration. A realistic estimation of …

Relating Fractal Dimension To Branching Behaviour In Filamentous Microorganisms, David Barry, Onwuarolu Ifeyinwa, Shauna Mcgee, Raymond Ryan, Gwilym Williams, Jonathan Blackledge

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The productivity of an industrial fermentation process involving a filamentous microbe is heavily dependent on the morphological form adopted by the organism. The development of systems capable of rapidly and accurately characterising morphology within a given process represents a significant challenge to biotechnologists, as the complex phenotypes that are manifested are often not easily quantified. Conventional parameters employed in these analyses are of limited value, as they reveal little about the specific branching behaviour of the organism, which is an important consideration given the demonstrated link between branching frequency and metabolite production. More recently, fractal geometry has been employed in …

A Covert Encryption Method For Applications In Electronic Data Interchange, Jonathan Blackledge, Dmitry Dubovitskiy

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A principal weakness of all encryption systems is that the output data can be ‘seen’ to be encrypted. In other words, encrypted data provides a ‘flag’ on the potential value of the information that has been encrypted. In this paper, we provide a new approach to ‘hiding’ encrypted data in a digital image.

In conventional (symmetric) encryption, the plaintext is usually represented as a binary stream and encrypted using an XOR type operation with a binary cipher. The algorithm used is ideally designed to: (i) generate a maximum entropy cipher so that there is no bias with regard to any …

Scattering From A Tenuous Random Medium With Applications In Optics, Jonathan Blackledge

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Mathematical models for the scattering of light (and other radiation) tend to fall into two categories based on a weak field condition (single scattering processes) or a strong field condition (multiple scattering processes). In the latter case, the complexity of deterministic models coupled with available solutions often fail to provide results that are of value to engineering systems (e.g. imaging systems). For this reason, multiple scattering problems are often approached using stochastic modelling methods whose foundations lie in random walk theory where the amplitude and phase of the scattered field are taken to conform to an appropriate statistical process and …

The Effect Of Air Preheating In A Biomass Cfb Gasifier Using Aspen Plus Simulation, Wayne Doherty, Anthony Reynolds, David Kennedy

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In the context of climate change, increasing efficiency and energy security, biomass gasification is likely to play an important role in energy production. Atmospheric circulating fluidised bed (CFB) technology was selected for the current study. The primary objective of this research is to develop a computer simulation model of a CFB biomass gasifier that can accurately predict gasifier performance under various operating conditions. An original model was developed using ASPEN Plus (Advanced System for Process ENgineering Plus). The model is based on Gibbs free energy minimisation. The restricted equilibrium method was used to calibrate the model against experimental data. This …

Renewable Energy Resources And Technologies Applicable To Ireland, Fergal O'Rourke, Fergal Boyle, Anthony Reynolds

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The energy consumed in Ireland is primarily achieved by the combustion of fossil fuels. Ireland’s only indigenous fossil fuel is peat; all other fossil fuels are imported. As well as fossil fuels continually becoming more expensive, their use as an energy source also has a negative impact on the environment. Ireland’s energy consumption can be separated into 3 divisions; transportation, electricity generation and heat energy. Ireland however has a vast range of high quality renewable energy resources. Ireland has set a target of 33% of its electricity will be generated from renewable sources by 2020[1]. The use of biomass, wind …