Digital Commons Network^™

The International Claims Trade, Kathleen Claussen

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Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments and legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing …

Addressing The Criminalization Of Poverty And Marginalization (Foreword), Tamar Ezer, Franco Piccinini, David Stuzin

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No abstract provided.

Regulating Cleanups Of Homeless Encampments, Stephen J. Schnably

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No abstract provided.

In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey Baker, Christine Cerniglia, Davida Finger, Luz Herrera, Jonel Newman

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No abstract provided.

Theater And Revolution In Clinical Legal Education, Jonel Newman, Fergus Lawrie, Donald Nicolson, Melissa Swain

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Why does a revolutionary theatre method developed in the 1960s and 1970s by Brazilian intellectual and activist Augusto Boal belong in clinical legal education? Use of the transformative Forum Theatre method can greatly enhance legal education. Boal, a colleague and disciple of Paulo Freire (Pedagogy of the Oppressed), developed Forum Theatre as a democratic, participatory, and collaborative production between the actors and the audience, to revolutionize traditional sit-and-watch theatre. Spectators in the audience become spect-actors, halt the oppressive element in a scenario, take the place of the actors, and eliminate oppression. The over-arching goal of Forum Theatre is to illuminate …

The Habit Of A Judge: A History Of Court Dress In England & Wales, And Australia Book Reviews, Paul M. Pruitt Jr.

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No abstract provided.

Pretrial Detention In The Time Of Covid-19, Jenny E. Carroll

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COVID-19 has shone a light on the preexisting flaws in the criminal justice system. This Essay focuses on one of the challenges the criminal justice system faces in light of COVID-19: that of a pretrial detention system that falls more harshly on poor and minority defendants, swells local jail populations, is fraught with bias, produces unnecessarily high rates of detention, and carries a myriad of downstream consequences, both for the accused and the community at large. Long before the first confirmed case, United States' jails were particularly susceptible to contagions. The COVID-19 crisis exacerbates this problem creating an acute threat …

Payday, Yonathan A. Arbel

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Legislation lags behind technology all too often. While trillions of dollars are exchanged in online transactions-safely, cheaply, and instantaneously-workers still must wait two weeks to a month to receive payments from their employers. In the modern economy, workers are effectively lending money to their employers, as they wait for earned wages to be paid. The same worker who taps a credit card to pay for groceries in semiautomated checkout lines depends on dated payroll systems that only transfer payments on a "payday." Workers, especially those living paycheck-to-paycheck, are hard-pressed to meet their daily needs and turn to expensive, short-term credit …

Separating Fact From Fiction In Evaluating The Endangered Species Act: Recognizing The Need For Ongoing Conservation Management And Regulation, William L. Andreen

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No abstract provided.

Coordinating Community Reintegration Services For Deporatable Alien Defendants: A Moral And Financial Imperative, Amy F. Kimpel

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No abstract provided.

Povos Indígenas, Genocídio E Pademia No Brasil, Fernanda Frizzo Bragato, Marco Antônio Delfino De Almeida, Jocelyn Getgen Kestenbaum

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Indigenous Peoples, Genocide and Pandemics in Brazil

COVID-19 pandemics spreads among Brazilian indigenous communities while they endure the dismantling of protective policies, the current government's hostility, as well as the disproportionate effects in terms of contamination and mortality. This situation has been concerning indigenous organizations and public authorities in Brazil and worldwide. Indigenous peoples are potential victims of genocide, an act characterized both as a criminally punishable conduct and as a State policy capable to generate international State liability. This study intends to investigate whether and how the conditions of susceptibility to the physical destruction met by several Brazilian indigenous …

Critical Developments In Housing Policy, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer, Michael C. Pollack

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The 2019 Cardozo Journal of Equal Rights and Social Justice Symposium, Critical Developments in NY Housing Policy, brought leaders in NYC housing law to campus for a discussion on recent changes to tenants’ rights in the 2019 New York Housing Stability and Tenant Protection Act.

The event began with a keynote introduction by Kat Meyers, Staff Attorney in the Law Reform Unit of the Legal Aid Society, explaining the context of the new laws.

After a short break, Cardozo's Professor Pollack moderated a panel with participants Honorable Cheryl Gonzales, Supervising Judge in Kings County, Edward Josephson, Director of Litigation …

Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony J. Sebok

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The article critiques the legal distinction between champerty and assignment, arguing that the focus should be on the assignor's motives rather than the assignee's identity. It challenges Dr. David Capper's approach to defining "bare assignments" and proposes that assignments should not be prohibited based solely on the assignee's identity unless they facilitate abus

Adultery, Infidelity, And Consensual Non-Monogamy, Edward D. Stein

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Thirty-eight states have laws in place that relate to adultery. Though criminal laws against adultery are not frequently enforced, the network of criminal laws, tort laws, and domestic relations laws related to adultery disincentivize extra-marital sex, an effect heightened by the stigma and other social attitudes associated with adultery. This Essay argues that the socio-legal state of affairs concerning adultery is bad for marriages (and similar relationships), bad for public health, and is simply bad public policy. This is in part because the law treats infidelity-having sex with someone other than your primary partner without his or her consent or …

The Role Of State And Federal Law In Energy Condemnations, Stewart E. Sterk

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When an energy provider condemns fee interests or easements to permit construction of transmission lines, what roles do state and federal law play in determining the "just compensation" available to affected landowners? That question has arisen in a number of different factual contexts. Usually, condemnors seek to avoid state law rules that provide for compensation beyond what they believe represents the market value of the property they seek to acquire. For instance, condemnors may seek an offset for benefits the condemnation generates for neighboring land owned by the condemnee. Condemnors may also seek to avoid state rules that entitle condemnees …

Debating The Interface Between International Law And Municipal Law: A Few Concerns Regarding The Relevance Of The Traditional Debate, Primary Of Law And Integration Of The Legal Systems, Akhila Basalalli

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The interface between international and municipal legal systems has moved from segregation towards convergence and integration. The changing contours of sovereignty are evident by the blurring divide between the two legal systems. This process is manifested by relaxing the requisite of transformation of treaties and elevating status of customary norms to ‘law of the land’. The Indian Courts too have emanated a varied set of judicial techniques. Considering contemporary developments, the paper examines the relevance of the monist-dualist debate, questions the primacy of law in the event of conflict and pursues the trending integration.

After Ice: A New Humane & Effective Immigration Enforcement Paradigm, Peter L. Markowitz

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In recent years, as the U.S. Immigration and Customs Enforcement Agency's ("ICE') brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed the core injustices that lay at the heart of our current enforcement scheme, and they have proposed specific and thoughtful changes that are both defensible and achievable. However, these changes tend to focus on a negative vision of what we need to eliminate in our current enforcement …

Tuition As A Fraudulent Transfer, David G. Carlson

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Bankruptcy trustees are suing universities because the insolvent parent of an adult student has written a tuition check while insolvent. The theory is that the university is the initial transferee of a fraudulent transfer that has provided benefit to the student but not to the parent debtor. This article claims that the university is never the initial transferee of tuition dollars. Rather, the student is. Where the university has no knowledge of parent insolvency, the university can count educating the student as a good faith transfer for value, thus immunizing the university from liability. The unpleasant side effect is that …

Optimising Subjective Anterior Eye Grading Precision, Marta Vianya-Estopa, Manbir Nagra, Arnold Cochrane Arnold Cochrane, Neil Retallic Neil Retallic, Dean Dunning, Louise Terry Louise Terry, Aoife Lloyd, James Wolffsohn

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To establish the optimum grading increment which ensured parity between practitioners while maximising clinical precision.

The Spatial Frequency Content Of Urban And Indoor Environments As A Potential Risk Factor For Myopia Development, Daniel Ian Flitcroft, Elise Harb, Christine F Wildsoet

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To examine the hypothesis that the spatial frequency spectra of urban and indoor environments differ from the natural environment in ways that may promote the development of myopia. Methods: A total of 814 images were analyzed from three datasets; University of California Berkeley (UCB), University of Texas (UT), and Botswana (UPenn). Images were processed in Matlab (Mathworks Inc) to map the camera color characteristics to human cone sensitivities. From the photopic luminance images generated, two-dimensional spatial frequency (SF) spectra were calculated and converted to one-dimensional spectra by rotational averaging. The spatial filtering profile of a 0.4 Bangerter foil, which has …

Macular Pigment Optical Density Fluctuation As A Function Of Pupillary Mydriasis: Methodological Considerations For Dual-Wavelength Autofluorescence, Ekaterina Loskutova, John Butler, Gabriela Hernandez-Martinez, Daniel Ian Flitcroft, James Loughman

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Macular pigment (MP), comprising the dietary carotenoids lutein, zeaxanthin and meso-zeaxanthin, is believed to benefit eye health and vision. Numerous clinical and research devices and techniques are currently available to facilitate MP optical density (MPOD) measurement. One of those techniques, dual-wavelength fundus autofluorescence (AF) is being increasingly used for measurement of MP in the eye. There is substantial methodological variation across the published studies that have employed this technique, including in relation to the use of mydriasis, the possible influence of which does not appear to have been addressed in the literature. This prospective cross-sectional study was designed to investigate …

Conducting And Analysing Semi-Structured Interviews: A Study Of Open Innovation In Food Firms In Ireland., Anushree Priyadarshini

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This case study examines the use of semi-structured interviews that I used in my PhD research as a method to explore open innovation in food firms in Ireland. Literature in the field highlights that exploring innovation and the extent to which firms are open and collaborative with people outside of their organizations in conducting innovation requires detailed understanding of the concept in its natural settings. To interpret or make sense of the phenomena in terms of the meaning managers bring to it, I conducted in-depth semi-structured interviews with managers in Ireland’s largest indigenous industry, the food and beverage sector. Demonstrating …

Corporate Governance, Measurement Of, Maeve O'Connell, Anne Marie Ward

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The increased focus on good governance and the development of best practice guidelines, often supported by legislation, has been in response to corporate scandals, such as Enron and Worldcom in the early 2000s, and the 2008 banking crisis. Good governance is increasingly recognised as a process where the ‘best practices' of yesterday become the standard practices of today. This increased focus has also coincided with a worldwide movement for corporate reporting on sustainability and corporate social responsibility (CSR) issues and a growing demand within the investment industry for investment products that are socially responsible (Benn and Dunphy 2013). Sustainable development …

Analytical Framework And Student Perceptions: Assessing The Quality Of Doctoral Education In Accounting In Ireland, Anne Marie Ward, Louise Gorman, Niamh M. Brennan

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To examine the quality of doctoral education in accounting in higher education institutions (HEIs) in Ireland, we develop an analytical framework from the relevant literature and the principles of quality doctoral education included in the Higher Education Authority’s (HEA) National Framework for Doctoral Education (NFDE). Our analytical framework identifies 16 measurable indicators of quality doctoral education classified into four dimensions: context, inputs, processes and outcomes. Compliance with the quality indicators is verified by coding HEI websites and prospectuses. Deeper insights on the indicators of quality doctoral education are obtained from semi-structured interviews with accounting doctoral students. Our findings shed valuable …

Stakeholder Engagement And The Future Of Irish Public–Private Partnerships, Gail Sheppard, Matthias Beck

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Building on recent works that stress the importance of stakeholder engagement in partnerships, we propose a novel benchmarking framework for the evaluation of public–private partnerships. This framework describes mutuality and the preservation of organisational identity as the ideal characteristics of partnerships because they, in turn, encourage stakeholder support for public–private partnerships. Applying this framework to infrastructure public–private partnerships in Ireland, we note that mutual accountability has been weakened following the financial crisis. Meanwhile, con-sultation with clients such as key public–private partnership stakeholders, which would help articulate organisational identities, remains patchy across the education, justice
and health public–private partnership that we …

Risk Management And Hedging Approaches In Energy Markets, Jim Hanly

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Energy based assets are showing increased susceptibility to volatility arising out of geo-political, economic, climate and technological events. Given the economic importance of energy products, their market participants need to be able to access efficient strategies to effectively manage their exposures and reduce price risk. This chapter will outline the key futures based hedging approaches that have been developed for managing energy price risk and evaluate their effectiveness. A key element of this analysis will be the breadth of assets considered. These include Crude and Refined Oil products, Natural Gas, and wholesale Electricity markets. We find significant differences in the …

Impact Of Cold Plasma Processing On Major Peanut Allergens, Harshitha Venkataratnam, Orla Cahill, Chaitanya Sarangapani, Patrick J. Cullen, Catherine Barry-Ryan

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Cold plasma is emerging as a novel food processing technology, with demonstrated efficacies for microbial inactivation and residual chemical dissipation of food products. Given the technology’s multimodal action it has the potential to reduce allergens in foods, however data on the efficacy and mechanisms of action are sparse. This study investigates the efficacy of cold plasma on major peanut allergens (Ara h 1 and Ara h 2). For this purpose, dry, whole peanut (WP) and defatted peanut flour (DPF) were subjected to an atmospheric air discharge using a pin to plate cold plasma reactor for different treatment durations. With increases …

Antimicrobial Action Of 1,10-Phenanthroline-Based Compoundson Carbapenemase-Producing Acinetobacter Baumannii Clinical Strains: Efficacy Against Planktonic- And Biofilm-Growing Cells, Roberta F. Ventura, Anna Clara M. Galdino, Livia Viganor, Ricardo P. Schuenck, Michael Devereux, Malachy Mccann, André L.S. Santos, Ana Paula F. Nunes

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Therapeutic options are limited for patients infected with Acinetobacter baumannii due to its multidrug-resistance profile. So, the search for new antimicrobials against this gram-negative bacterial pathogen has become a worldwide priority. The present study aimed to evaluate the effects of 1,10-phenanthroline (phen), 1,10-phenanthroline-5,6-dione (phendione), [Ag(phendione)2]ClO4 (Ag-phendione) and [Cu(phendione)3](ClO4)2.4H2O (Cu-phendione) on 26 carbapenemase-producing A. baumannii strains. The susceptibility to carbapenems was performed by detecting the metallo-beta-lactamase (MBL) genes by PCR and by determining the MIC. Also, disk diffusion method was applied to evaluate the susceptibility to other antimicrobial classes. The test compounds were evaluated on both planktonic- and biofilm-growing bacterial cells. …

Dietary Fat Intakes In Irish Children: Changes Between 2005 And 2019, Aileen O’Connor, Maria Buffini, Anne Nugent, Laura Kehoe, Albert Flynn, Janette Walton, John Kearney, Breige Mcnulty

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Objective:To examine current dietary fat intakes and compliance in Irish childrenand to examine changes in intakes from 2005 to 2019.Design:Analyses were based on data from the Irish National Children’s FoodSurvey (NCFS) and the NSFS II, two cross-sectional studies that collected detailedfood and beverage intake data through 7-day and 4-day weighed food diaries,respectively.Setting:NCFS and NCFS II, Republic of Ireland.Participants:A nationally representative sample of 594 (NCFS) and 600 (NCFS II)children aged 5–12 years. Current intakes from the NCFS II were compared withthose previously reported in the NCFS (www.iuna.net).Results:Current intakes of total fat, SFA, MUFA, PUFA andtransfat as a percentageof total energy are …

Nutrition, Behavior Change And Physical Activity Outcomes From The Pears Rct—An Mhealth-Supported, Lifestyle Intervention Among Pregnant Women With Overweight And Obesity, Kate M. Ainscough, Eileen C. O'Brien, Karen L. Lindsay, Maria A. Kenneally, Elizabeth J. O'Sullivan, Orna A. O'Brien, Mary Mccarthy, Giuseppe De Vito, Fionnuala M. Mcauliffe

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Background: Diet quality and physical activity positively impact pregnancy outcomes among women with obesity, but successful lifestyle interventions require intense clinician time. We aimed to investigate the impact of a behavioral-lifestyle intervention (PEARS) supported by a smartphone app among pregnant women with overweight and obesity, on nutrient intake, behavioral stage-of-change and physical activity.

Methods: Pregnant women (BMI 25–39.9 kg/m2, measured, n = 565) were randomized at 15.6 weeks' gestation to the intervention (n = 278), or a control group (n = 287) (ISRCTN29316280). The intervention was grounded in behavior-change theory. Participants received nutrition (low glycaemic index and healthy …