Digital Commons Network^™

Should Good People Be Doctors: A Comment On Paul Butler And Anonymous, Richard Delgado

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No abstract provided.

Regulating Bank Reputation Risk, Julie Andersen Hill

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In the aftermath of a school shooting in Florida the New York State bank regulator urged banks to manage the "reputation risk" posed by doing business with the National Rifle Association a gun rights advocacy group As part of Operation Choke Point a federal regulator told banks to end relationships with payday lenders because those activities posed "reputation risk" Another federal regulator warns banks their reputations might be damaged by lending to oil and gas companies that are perceived to cause environmental harm Reputation risk is the risk that bank stakeholders will negatively change their perception of the bank It …

Plenary Power And Animus In Immigration Law, Shalini Bhargava Ray

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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 …

Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic

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No abstract provided.

A Rule 11 For Prosecutors, Yuri R. Linetsky

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This Article suggests a novel approach to allow victims of frivolous prosecutions to hold prosecutors accountable. Unique among American lawyers, prosecutors enjoy absolute immunity from civil suits alleging professional misconduct. In cases of frivolous prosecutions, where charges are dismissed by the judge or the defendants are acquitted, the former defendants are prevented from seeking damages. This is so despite former defendants often suffering significant consequences-from legal fees to loss of employment. Victims of frivolous prosecutions should be afforded a mechanism to seek redress against prosecutors who bring or maintain meritless actions.

By enacting a rule of criminal procedure that mirrors …

Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove

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There is something missing in interpretive theory Recent controversies"”involving for example the first travel ban and funding for sanctuary cities"”demonstrate that presidential "laws" executive orders proclamations and other directives raise important questions of meaning Yet while there is a rich literature on statutory interpretation and a growing one on regulatory interpretation there is no theory about how to discern the meaning of presidential directives Courts for their part have repeatedly assumed that presidential directives should be treated just like statutes But that cannot be right Theories of interpretation depend on both constitutional law and institutional setting For statutes the relevant …

Crime Fantasies, John Felipe Acevedo

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No abstract provided.

Fiduciary Injury And Citizen Enforcement Of The Emoluments Clause, Meredith M. Render

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No abstract provided.

The Costs Of Uncertainty: The Doj’S Stalled Progress On Accessible Medical Equipment Under The Americans With Disabilities Act, Elizabeth Pendo

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Imagine seeking medical care for serious pressure sores for a year, but your doctor never examining the sores because you could not get on the examination table in her office. Or imagine going more than fifteen years without an annual well-woman examination for the same reason, or your doctor guessing at the right dosage for a prescription because there was no scale that she could use to weigh you.

Although these scenarios may be difficult for many to imagine, they are common experiences for individuals with mobility disability. The Trump administration’s attacks on the Patient Protection and Affordable Care Act …

The Role Of Previous Discourse In Identifying Public Textual Cyberbullying, Aurelia Power, Anthony Keane, Brian Nolan, Brian O'Neill

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In this paper we investigate the contribution of previous discourse in identifying elements that are key to detecting public textual cyberbullying. Based on the analysis of our dataset, we first discuss the missing cyberbullying elements and the grammatical structures representative of discourse-dependent cyberbullying discourse. Then we identify four types of discourse dependent cyberbullying constructions: (1) fully inferable constructions, (2) personal marker and cyberbullying link inferable constructions, (3) dysphemistic element and cyberbullying link inferable constructions, and (4) dysphemistic element inferable constructions. Finally, we formalise a framework to resolve the missing cyberbullying elements that proposes several resolution algorithms. The resolution algorithms target …

Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld

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No abstract provided.

Ripensare La Razionalità: La Crescita Di Significato E I Limiti Del Formalismo, Susan Haack

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Man mano che la nostra conoscenza e la nostra esperienza crescono, i concetti assumono un significato nuovo e più ricco. La filosofia del linguaggio recente (post-Fregeana) hanno prestato poca attenzione a questo fenomeno; e filosofi radicali come Feyerabend e Rorty diedero per scontato che il cambiamento di significato fosse una minaccia alla razionalità. Ma i pensatori nella tradizione pragmatica classica – Peirce nella filosofia della scienza e, più implicitamente, Holmes nella teoria giuridica – riconobbero l’importanza della crescita di significato e capirono come questa potesse contribuire al progresso della scienza e all’adattamento di un sistema giuridico al cambiare delle circostanze. …

Antitrust In Digital Markets, John M. Newman

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Antitrust law has largely failed to address the challenges posed by digital markets. At the turn of the millennium, the antitrust enterprise engaged in intense debate over whether antitrust doctrine, much of it developed during a bygone era of smokestack industries, could or should evolve to address digital markets. Eventually, a consensus emerged: although the basic doctrine is supple enough to apply to new technologies, courts and enforcers should adopt a defendant-friendly, hands-off approach.

But this pro-defendant position is deeply- and dangerously- flawed. Economic theory, empirical research, and extant judicial and regulatory authority all contradict the prevailing views regarding power, …

Assessment Of Imagining And Material Characteristics Of A Radiopaque, Thermoresponsive Hydrogel For Intratumoral Administration To Solid Tumours, Seona Rossi, Timothy E. Murray, John Cassidy, Michael J. Lee, Helena M. Kelly

Articles

Introduction

Thermoresponsive hydrogels are gels which have different properties at varying temperatures. The objective of this study was to assess the material characteristics, imaging properties and chemotherapeutic drug release profile of a novel radiopaque thermoresponsive hydrogel, which is liquid at room temperature but solidifies at body temperature, to determine potential suitability for intratumoral delivery.

Materials and Methods

An iodinated radiopaque thermoresponsive hydrogel was formulated using iodixanol at a range of concentrations and assessed for sol-gel transition, radiopacity and imaging using CT and US. A lead formulation containing 9.22% w/w iodixanol was evaluated for injectability, disintegration and dual drug release of …

Relationship Of Ndvi And Oak (Quercus)Pollen Including A Predictive Model In The Sw Mediterranean Region, Rocío González-Naharro, Elia Quirós, Santiago Fernández-Rodríguez, Inmaculada Silva-Palacios, J. M. Maya-Manzano, Rafael Tormo-Molina, Raúl Pecero-Casimiro, Alejandro Monroy-Colin, Ángela Gonzalo-Garijo

Articles

Techniques of remote sensing are being used to develop phenological studies. Our goal is to study the correlation among the Normalized Difference Vegetation Index (NDVI) related with oak trees included in three set data polygons (15, 25 and 50 km to aerobiological sampling point as NDVI-15, 25 and 50), and oak (Quercus) daily average pollen counts from 1994 to 2013. The study was developed in the SW Mediterranean region with continuous pollen recording within the mean pollen season of each studied year. These pollen concentrations were compared with NDVI values in the locations containing the vegetation under a study based …

The Effect Of Curing And Zirconium Content On The Wettability And Structure Of A Silicate Hybrid Sol-Gel Material, Emma Machugh, Maikki Cullen, Alicja Kaworek, Brendan Duffy, Mohamed Oubaha

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Functional hybrid sol-gel coatings have been developed for numerous applications with a wide range of wettabilities. This study proposes to investigate the relationship between the structure and the wetting properties of a zirconium modified silicate hybrid sol-gel coating. The structures of the coatings were altered by varying the content of zirconium, and the curing process, while keeping the sol-gel preparation conditions identical. The structure of the materials was characterized by FTIR, 29Si NMR and SEM. The thermal properties and the wettability are identified by DSC and contact angle measurements, respectively. By corroborating the structural and wettability analyses, it is shown …

Interpreting And Reporting Principal Component Analysis In Food Science Analysis And Beyond, D. Cozzolino, A. Power, J. Chapman

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Principal component analysis (PCA) is one of the most widely used data mining techniques in sciences and applied to a wide type of datasets (e.g. sensory, instrumental methods, chemical data). However, several questions and doubts on how to interpret and report the results are still asked every day from students and researchers. This brief communication is inspired in relation to those questions asked by colleagues and students. Please note that this article is a focus on the practical aspects, use and interpretation of the PCA to analyse multiple or varied data sets. In summary, the application of the PCA provides …

Short Communication: A Simple Nanoparticle - Based Tio2 Memristor Device And The Role Of Defect Chemistry In Its Operation, Rafaela De Carvalho, Tony Betts, John Cassidy

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A simple metal-semiconductor-metal device comprising TiO2 cast from a suspension of Degussa P25 and placed between two metal plates (Al/Al lap shears) demonstrated memristive-like resistive switching behaviour. A mechanism is proposed which relies upon the formation of p and n-type regions within the P25 semiconductor material ultimately leading to the formation of a p-n junction. This device also exhibited enhanced steady state currents upon the imposition of potential steps, most notably at higher potential magnitudes (both anodic and cathodic), indicating lack of ionic conduction.

From The Laboratory To The Vineyard—Evolution Of The Measurement Of Grape Composition Using Nir Spectroscopy Towards High-Throughput Analysis, Aoife Power, Vi Khanh Truong, James Chapman, Daniel Cozzolino

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Compared to traditional laboratory methods, spectroscopic techniques (e.g., near infrared, hyperspectralimaging)provideanalystswithaninnovativeandimprovedunderstandingofcomplex issuesbydeterminingseveralchemicalcompoundsandmetabolitesatonce,allowingforthecollection of the sample “fingerprint”. These techniques have the potential to deliver high-throughput options for the analysis of the chemical composition of grapes in the laboratory, the vineyard and before or during harvest, to provide better insights of the chemistry, nutrition and physiology of grapes. Faster computers, the development of software and portable easy to use spectrophotometers and data analytical methods allow for the development of innovative applications of these techniques for the analyses of grape composition.

Preliminary Results From The Farce 2015 Campaign: Multidisciplinary Study Of The Forest–Gas–Aerosol–Cloud System On The Tropical Island Of Laréunion, Valentin Duflot, Pierre Tulet, Olivier Flores, Christelle Barthe, Aurélie Colomb, Laurent Deguillaume, Mickael Vaïtilingom, Anne Perring, Alex Huffman, Markt. Hernandez, Karine Sellegri, Ellis Robinson, David J. O'Connor, Odessa M .Gomez, Frédéric Burnet, Thierry Bourrianne, Dominique Strasberg, Manon Rocco, Allan K Bertram, Patrick Chazette, Julien Totems, Pierre Stamenoff, Jean-Marc Metzger, Mathilde Chabasset, Clothilde Rousseau, Eric Bourrianne, Martine Sancelme, Anne-Marie Delort, Rachel E. Wegener, Cedric Chou, Pablo Elizondo

Articles

The Forests gAses aeRosols Clouds Exploratory (FARCE) campaign was conducted in March–April 2015 on the tropical island of La Réunion. For the first time, several scientific teams from different disciplines collaborated to provide reference measurements and characterization of LaRéunionvegetation,volatileorganiccompounds(VOCs), biogenic VOCs (BVOCs), (bio)aerosols and composition of clouds, with a strong focus on the Maïdo mountain slope area. The main observations obtained during this 2-month intensivefieldcampaignaresummarized.Theyincludecharacterizations of forest structure, concentrations of VOCs and precursors emitted by forests, aerosol loading and optical properties in the planetary boundary layer (PBL), formation of new particles by nucleation of gas-phase precursors, icenucleatingparticlesconcentrations,andbiologicalloadingin bothcloud-freeandcloudyconditions.SimulationsandmeasurementsconfirmthattheMaïdoObservatorylieswithinthe PBL from …

A Custom Radiopaque Thermoresponsive Chemotherapy-Loaded Hydrogel For Intratumoural Injection: An In Vitro And Ex Vivo Assessment Of Imaging Characteristics And Material Properties, Seóna M. Rossi, Timothy E. Murray, John Cassidy, Michael J. Lee, Helena M. Kelly

Articles

Purpose Thermoresponsive hydrogels are gels which have different properties at varying temperatures. The objective of this study was to assess the material characteristics, imaging properties and chemotherapeutic drug release profile of a novel radiopaque thermoresponsive hydrogel in vitro, which is liquid at room temperature but solidifies at body temperature, to determine potential suitability for intratumoural delivery. Materials and Methods An iodinated radiopaque thermoresponsive hydrogel was formulated using iodixanol at a range of concentrations and assessed for sol–gel transition, radiopacity and imaging using CT and US. A lead formulation containing iodixanol at a concentration of 9.22% weight by weight (w/w, g …

Magnetic Field Sensor Based On A Tri-Microfiber Coupler Ring In Magnetic Fluid And A Fiber Bragg Grating, Fangfang Wei, Dejun Liu, Arun Kumar Mallik, Gerald Farrell, Qiang Wu, Gang-Ding Peng, Yuliya Semenova

Articles

In this paper we propose and investigate a novel magnetic field sensor based on a Tri-microfiber coupler combined with magnetic fluid and a fiber Bragg grating (FBG) in a ring. A sensitivity of 1306 pm/mT was experimentally demonstrated in the range of magnetic fields from 0 to 15 mT. The reflection peak in the output spectrum associated with the FBG serves as a reference point allowing to avoid ambiguity in determining the spectral shift induced by the magnetic field. Due to its high sensitivity at low magnetic fields, the proposed structure could be of high interest in low field biosensing …

Identification Of Surrogate Biomarkers For The Prediction Of Patients At Risk Of Low Macular Pigment In Type 2 Diabetes, Grainne Scanlon, Daniel Mccartney, John Butler, Ekaterina Loskutova, James Loughman

Articles

Purpose: This cross-sectional study compared macular pigment (MP) levels among persons with Type 2 diabetes relative to healthy controls. Additionally, a range of behavioral, anthropometric, clinical and serum measures were explored as possible predictors of low MP optical density (MPOD) in diabetes.

Lutein And Zeaxanthin: The Possible Contribution, Mechanisms Of Action And Implications Of Modern Dietary Intake For Cognitive Development In Children. [Version 1; Peer Review: 2 Approved], Ekaterina Loskutova, Kajal Shah, Daniel Ian Flitcroft, Annalisa Setti, John Butler, Yvonne Nolan, Nabin Paudel, James Loughman

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No abstract provided.

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

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Many believe that consumer-sourced reputational information about products should increasingly replace top-down 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 licensing.

This Article presents a common failure mode of systems of reputation: "Reputation Failure." By spotlighting the public-good 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 …

The Private Law Critique Of International Investment Law, Julian Arato

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This Article argues that investment treaties subtly constrain how nations organize their internal systems of private law, including laws of property, contracts, corporations, and intellectual property. Problematically, the treaties do so on a one-size-fits-all basis, disregarding the wide variation in values reflected in these domestic legal institutions. Investor-state dispute settlement exacerbates this tension, further distorting national private law arrangements. This hidden aspect of the system produces inefficiency, unfairness, and distributional inequities that have eluded the regime's critics and apologists alike.

The Orphan Drug Act At 35: Observations And An Outlook For The Twenty-First Century, Nicholas Bagley, Benjamin Berger, Amitabh Chandra, Craig Garthwaite

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On the thirty-fifth anniversary of the adoption of the Orphan Drug Act (ODA), we describe the enormous changes in the markets for therapies for rare diseases that have emerged over recent decades. The most prominent example is the fact that the profit-maximizing price of new orphan drugs appears to be greater today than it was in 1983. All else equal, this should reduce the threshold for research and development (R&D) investment in an economically viable product. Further, the small size of patient populations for orphan drugs, together with the increasing prevalence of biologics among orphan drugs, have created a set …

Reputation And Accountability: Another Look At The United Nations’ Response To The Cholera Epidemic In Haiti, Kristina Daugirdas

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The cholera outbreak in Haiti offers a useful case study of reputation as a disciplinarian of international organizations. On the one hand, UN officials and member states alike have emphasized the need to repair the organization’s damaged reputation. On the other hand, the UN secretariat declined to take certain steps that might have averted—or at least mitigated—that reputational damage in the first place. This contribution argues that the United Nations’ response to cholera in Haiti showcases some important limitations and complications of reputation as a disciplinarian. Reputation will function as a less effective disciplinarian of organizations in the context of …

Shadow Health Records Meet New Data Privacy Laws, W. Nicholson Price Ii, Margot E. Kaminski, Timo Minssen, Kayte Spector-Bagdady

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Large sets of health data can enable innovation and quality measurement but can also create technical challenges and privacy risks. When entities such as health plans and health care providers handle personal health information, they are often subject to data privacy regulation. But amid a flood of new forms of health data, some third parties have figured out ways to avoid some data privacy laws, developing what we call “shadow health records”—collections of health data outside the health system that provide detailed pictures of individual health—that allow both innovative research and commercial targeting despite data privacy rules. Now that space …

Investment Ramifications Of Distortionary Tax Subsidies, James R. Hines Jr., Jongsang Park

Articles

This paper examines the investment effects of tax subsidies for which some assets and not others are eligible. Distortionary tax subsidies concentrate investments in tax-favored assets, thereby reducing the expected pre-tax profitability of investment and reducing payoffs to bondholders in the event of default. Anticipation of asset substitution encourages lenders to require covenants in debt contracts, which only imperfectly address asset substitution and distort investment. The result is that borrowing is made more expensive, which in turn discourages investment. Borrowing rates can react so strongly that aggregate investment may rise very little, or even fall, in response to higher tax …