Digital Commons Network^™

Why Is Community Entrepreneurship Worth Debating?, Thomas M. Cooney

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In early 2008, the author was asked to speak at a conference in an economically disadvantaged area of Ireland. The conference was part of a series of events aimed at boosting enterprise in the region. Frequently, at such events, the ire of the speakers is targeted at government or European policies for not doing enough to help build economic success locally. In terms of who is to blame and who is responsible for changing the current situation, the finger is usually being pointed at someone else. However, the author spoke at length about the qualities of entrepreneurship involving positive, proactive, …

Transfer Of Ampicillin Resistance From S. Typhimurium Dt104 To E. Coli K12 In Food, Ciara Walsh, Geraldine Duffy, R. O'Mahoney, D. A. Mcdowell, Seamus Fanning

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Aims:  To investigate the transfer of antibiotic resistance from a donor Salmonella Typhimurium DT104 strain to a recipient Escherichia coli K12 strain.

Methods and Results:  Mating experiments were conducted in broth, milk and ground meat (beef) at incubation temperatures of 4, 15, 25 and 37°C for 18 and 36 h. Ampicillin-resistance transfer was observed at similar frequencies in all transfer media at 25 and 37°C (10⁻⁴ to 10⁻⁵ log₁₀ CFU ml g⁻¹, transconjugants per recipient) for 18 h. At 15°C, transfer was observed in ground meat in the recipient strain (10⁻⁶, log_{10 …}

Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James

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No abstract provided.

Higher Derivatives Of Spectral Functions Associated With One-Dimensional Schrodinger Operators, Daphne Gilbert, B.J. Harris, S.M. Riehl

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We investigate the existence and asymptotic behaviour of higher derivatives of the spectral function in the context of one-dimensional Schr¨odinger operators on the half-line with integrable potentials. In particular, we identify sufficient conditions on the potential for the existence and continuity of the n-th derivative, and outline a systematic procedure for estimating numerical upper bounds for the turning points of such derivatives. Explicit worked examples illustrate the development and application of the theory.

Contextualising Nanotechnology In Chemistry Education, Christine O'Connor, Hugh Hayden

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This paper will give an example of a pedagogical approach taken in integrating nanotechnology into a chemistry degree course. In recent years nanotechnology has widely become part of the course content for undergraduate chemistry and physics degree curriculum. How contextualised the delivery of the subject matter may vary. The role of contextualisation of nanotechnology in the delivery of the content is the main focus of this paper, as to date in Ireland and many other countries nanotechnology has not been integrated into many chemistry degree courses but is slowly becoming the case. An evaluative methodology of the pedagogical approach for …

Jurisdictional Resequencing And Restraint The Jurisprudence Of Justice Ruth Bader Ginsburg, Heather Elliott

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Justice Ruth Bader Ginsburg is well known for her restrained jurisprudence, and yet one line of her opinions has been criticized as “substantially illegitimate.” Ruhrgas AG v. Marathon Oil Co. and Sinochem International Co. v. Malaysia International Shipping Corp. both involve “jurisdictional resequencing,” which in certain circumstances permits a federal court to decide a threshold jurisdictional question, such as forum non conveniens, before it resolves the question of subject-matter jurisdiction. Because jurisdictional resequencing allows courts to decide questions when they may in fact lack subject-matter jurisdiction, at least one critic has said this doctrine is “close to the line that …

Nanocomposites For Novel Holographic Applications, Izabela Naydenova, Svetlana Mintova, Suzanne Martin, Vincent Toal

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Nanozeolites incorporated into photopolymerizable holographic recording materials can be used for holographic sensing, data storage, and optical systems design.

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

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The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.

Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk

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Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European countries, employment discrimination law is enforced predominantly in criminal proceedings. French criminal procedure enables the discovery of information necessary to prove the facts of discrimination, whereas the limits of French civil procedure make it impossible for such information to be revealed. As a result, the …

Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love

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No abstract provided.

Raman Spectroscopy For The Characterization Of The Polymerization Rate In An Acrylamide-Based Photopolymer, Raghavendra Jallapuram, Izabela Naydenova, Hugh Byrne, Suzanne Martin, Robert Howard, Vincent Toal

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Investigations of polymerization rates in an acrylamide-based photopolymer are presented. The polymerization rate for acrylamide and methylenebisacrylamide was determined by monitoring the changes in the characteristic vibrational peaks at 1284 cm-1 and 1607 cm-1 corresponding to the bending mode of CH bond and CC double bonds of acrylamide and in the characteristic peak at 1629 cm-1 corresponding to carbon-carbon double bond of methylenebisacrylamide using Raman spectroscopy. To study the dependence of the polymerization rate on intensity and to find the dependence parameter, the polymerization rate constant was measured at different intensities. A comparison with a commercially available photopolymer shows that …

The Vast Injustice Perpetuated By State And Local Tax Policy, Susan Pace Hamill

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State and local tax policy is one of the most important areas of public policy affecting the lives of the most powerless and vulnerable segments of the population children from low income families Focusing on the funding of primary and secondary education especially in high poverty school districts and the scheme for allocating the tax burden this article empirically proves that all fifty states have unjust state and local tax policy with thirtyone states inflicting an extreme level of injustice on poor children and their families This article argues that the people in most states as well as their political …

Thinking About Civil Discovery In Alabama: Using The Federal Rules Of Civil Procedure As A Thinking Tool Essay: Alabama Legal Issues Series, Carol Rice Andrews

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No abstract provided.

The Ultimate Association: Same-Sex Marriage And The Battle Against Jim Crow's Other Cousin, Bryan K. Fair

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No abstract provided.

Intersectionality Theory, The Anticaste Principle, And The Furture Of Brown Morgan Symposium On The Gender Of Constitutional And Human Rights Law, Bryan K. Fair

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No abstract provided.

An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgement Process, Adam N. Steinman

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No abstract provided.

Standing As An Article Ii Nondelegation Doctrine, Tara Leigh Grove

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In this Article I consider the following puzzle in standing doctrine the dichotomy between Executive Branch and private party standing Although the Executive Branch has standing to assert the interest in "seeing that the law is obeyed" private parties may not allege such an abstract grievance I argue that this apparent contradiction offers a new explanation for Article III standing doctrine standing enforces an Article II nondelegation principle by curtailing private prosecutorial discretionThe Executive Branch has an Article II duty to take care that the laws are faithfully executed and for that reason has standing to "see that federal law …

Liberal Mccartyism And The Origins Of Critical Race Theory Critical Race Theory Speaker Series - Crt 20: Honoring Our Past, Charting Our Future, Richard Delgado

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No abstract provided.

Getting Real: A Reply To Dan Subotnik Symposium: Deconstructing Race: When Reasonable Minds Defer, Richard Delgado

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No abstract provided.

Irrelevant Wasteland: An Exploration Of Why Red Lion Doesn't Matter (Much) In 2008, The Crucial Importance Of The Information Revolution, And The Continuing Relevance Of The Public Interest Standard In Regulating Access To Spectrum, Ronald J. Krotoszynski Jr.

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No abstract provided.

The Apostle, Mr. Justice Jackson, And The Pathological Perspective Of The Free Exercise Clause, Ronald J. Krotoszynski Jr.

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The generally accepted interpretation of Justice William O. Douglas's majority opinion in United States v. Ballard, 322 U.S. 78 (1944), casts the case as a ringing defense of religious freedom in the United States; a trial court may not charge a jury with inquiring into the factual truth of a defendant's religious beliefs incident to a prosecution for criminal fraud. This interpretation of Ballard is, at least arguably, unduly generous. By permitting juries to inquire into a religious leader's subjective good faith belief in the tenets of the faith, the Ballard majority provides an insufficient shield against prosecutions based on …

The Sincerest Form Of Flattery Symposium: Deconstructing Race: When Reasonable Minds Differ, Richard Delgado

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No abstract provided.

Demographics And Distrust: The Eleventh Circuit And Graduation Prayer In Adler V. Duval County, Paul Horwitz

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This Article, a contribution to a symposium on the constitutional jurisprudence of the United States Court of Appeals for the Eleventh Circuit, focuses on the Eleventh Circuit's opinion in Adler v. Duval County. Adler involved a policy that permitted students to vote on whether to deliver opening and/or closing "messages" at high school graduation ceremonies. The Eleventh Circuit, sitting en banc, upheld the policy against an Establishment Clause challenge. After the Supreme Court remanded the case for reconsideration in light of its decision in Santa Fe Independent School District v. Doe, which outlawed a similar policy in the context of …

What Is The Erie Doctrine - (And What Does It Mean For The Contemporary Politics Of Judicial Federalism), Adam N. Steinman

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No abstract provided.

Federal Climate Change Legislation And Preemption Symposium: Climate Change Legislation: The Should, The Bad, And The Maybe, William L. Andreen

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No abstract provided.

Disability, Equipment Barriers And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo

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It is well-known that people with disabilities face multiple barriers to adequate health care, including lower average incomes, disproportionate poverty, and issues with insurance coverage. This article focuses on a more fundamental barrier-one that has not been discussed in the legal literature-inaccessible medical equipment and its effect on the delivery of women's health care to millions of women with disabilities .

Human Rights At Home: Domestic Violence As A Human Rights Violation, Caroline Bettinger-López

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No abstract provided.

Labeling Mass Atrocity: Does And Should International Criminal Law Rank Evil?, Steven R. Ratner

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This essay concerns mass atrocity, not the kind that happened on September 11th, but an older kind when governments and those under them and supported by them killed innocent civilians on the basis of their ethnicity, on the basis of their politics, on the basis of their religion, or other traits of the group. These acts, crimes against humanity and genocide, were criminalized in the period after World War II by the International Military Tribunal and then by the Genocide Convention. These were very, very important steps forward in international criminal law, but the result of the post-war period was, …

Kiddie Law Is Growing Up: Board Certification In Child Welfare Law, Donald N. Duquette

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Few areas of the law are as personally rewarding as child welfarethat is, representing children, parents, or a government agency in cases of alleged child abuse and neglect. Few areas of the law provide a greater opportunity to make a tremendous difference in the lives of individuals. Few areas of the law are as intellectually challenging, fast developing, and dynamic as child welfare. Until recently the child welfare field was demeaned as "kiddie law"-not worthy of the intellectual and advocacy talents of the best of America's lawyers. The field is steadily being transformed, however, from a sleepy, assembly-line processing of …

Strange Bedfellows, David M. Uhlmann

Articles

Environmental protection has not been a priority for the Bush administration, but, contrary to popular perception, criminal prosecution of companies and officials accused of breaking environmental laws has flourished.