Digital Commons Network^™

Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles, 18.71-18.76), J. Janewa Osei-Tutu

Articles

No abstract provided.

K-Bit-Swap: A New Operator For Real-Coded Evolutionary Algorithms, Aram Ter-Sarkisov, Stephen Marsland

Articles

There has been a variety of crossover operators proposed for Real-Coded Genetic Algorithms (RCGAs), which recombine values from the same location in pairs of strings. In this article we present a recombination operator for RC- GAs that selects the locations randomly in both parents, and compare it to mainstream crossover operators in a set of experiments on a range of standard multidimensional optimization problems and a clustering problem. We present two variants of the operator, either selecting both bits uniformly at random in the strings, or sampling the second bit from a normal distribution centered at the selected location in …

Vitamin D Supplementation To Prevent Asthma Exacerbations: A Systematic Review And Meta-Analysis Of Individual Participant Data, David Jolliffe, Lauren Greenberg, Richard Hooper, Christopher Griffiths, Carlos Camargo Jr., Mitsuyoshi Urashima, Conor Kerley, Megan Jensen, David Mauger, Iwona Stelmach, Adrian Martineau

Articles

No abstract provided.

China's 'Corporatization Without Privatization' And The Late 19th Century Roots Of A Stubborn Path Dependency, Nicholas Howson

Articles

This Article analyzes the contemporary program of “corporatization without privatization” in the People's Republic of China (PRC) directed at China's traditional state-owned enterprises (SOEs) through a consideration of long ago precursor enterprise establishments--starting from the last Chinese imperial dynasty's creation of “government-promoted/-supervised, merchant-financed/-operated” (guandu shangban) firms in the latter part of the nineteenth century. While analysts are tempted to see the PRC corporations with listings on international exchanges that dominate the global economy and capital markets as expressions of “convergence,” this Article argues that such firms in fact show deeply embedded aspects of path dependency unique to the Chinese context …

Reinvigorating Commonality: Gender And Class Actions, Brooke D. Coleman, Elizabeth G. Porter

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In this Article, we examine the interplay of Rule 23(b)(2) class actions, feminism, and Title VII sex discrimination doctrine over the past fifty years to show that the theoretical concept of commonality—cohesion, unity—in the women’s movement has had a significant impact on the ability of women to seek collective redress for workplace discrimination through class actions. We describe how the four "waves” of feminism since the 1960s find corresponding analogues in the development of Title VII class action law. Beginning in the civil rights era, feminism became an entrenched part of mainstream America Over time, however, feminism’s influence waned as …

The Evaluation Of The Effect Of Strain Limits On The Physical Properties Of Magnetorheological Elastomers Subjected To Uniaxial And Biaxial Cyclic Testing., Dave Gorman, Niall Murphy, Ray Ekins, Stephen Jerrams

Articles

Magnetorheological Elastomers (MREs) are “smart” materials whose physical properties are altered by the application of magnetic fields. In a previous study by the authors [1], variations in the physical properties of MREs have been evaluated when subjected to a range of magnetic field strengths for both uniaxial and biaxial cyclic tests. By applying the same magnetic field to similar samples, this paper investigates the effect of both the upper strain limit and the strain amplitude on the properties of MREs subjected to cyclic fatigue testing. As the magnetorheological (MR) effect is due to the dipole-dipole interactions of the …

Advances In Diamond Nanofabrication For Ultrasensitive Devices, Stefania Castelletto, Lorenzo Rosa, Jonathan Blackledge, Mohammed Zaher Al Abri, Albert Boretti

Articles

This paper reviews some of the major recent advances in single-crystal diamond nanofabrication and its impact in nano- and micromechanical, nanophotonics and optomechanical components. These constituents of integrated devices incorporating specific dopants in the material provide the capacity to enhance the sensitivity in detecting mass and forces as well as magnetic field down to quantum mechanical limits and will lead pioneering innovations in ultrasensitive sensing and precision measurements in the realm of the medical sciences, quantum sciences and related technologies.

The Culture Of Misdemeanor Courts, Jessica A. Roth

Articles

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …

Jointly Offered Online Course Between Malmö University And Rochester Institute Of Technology On Industrial And Organizational Psychology, Esa M. Rantanen, Rebecca Johnson, Jonas Lundsten, Jean-Charles Languilaire, Andreas Sjöstedt

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The idea of a jointly offered online course between Rochester Institute of Technology (RIT) and Malmö University (MU) on Industrial and Organizational (I/O) Psychology was first conceived at the 2nd Annual MU-RIT Symposium on Oct 1-3, 2014, in discussions between faculty members of RIT and MU. The symposium, held in Sweden at MU, provided an opportunity for faculty and administrators from RIT and MU to identify potential collaborative research and teaching partnerships between faculty from the two universities.

Two principal collaborators from each university began to develop a jointly offered course shortly after the symposium, based on an existing online …

Phytochemicals: Extraction, Isolation, And Identification Of Bioactive Compounds From Plant Extracts, Ammar Altemimi, Naoufal Lakhssassi, Azam Baharlouei, Dennis G. Watson, David A. Lightfoot

Articles

There are concerns about using synthetic phenolic antioxidants such as butylated hydroxytoluene (BHT) and butylated hydroxyanisole (BHA) as food additives because of the reported negative effects on human health. Thus, a replacement of these synthetics by antioxidant extractions from various foods has been proposed. More than 8000 different phenolic compounds have been characterized; fruits and vegetables are the prime sources of natural antioxidants. In order to extract, measure, and identify bioactive compounds from a wide variety of fruits and vegetables, researchers use multiple techniques and methods. This review includes a brief description of a wide range of different assays. The …

Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias

Articles

A well-documented problem motivates this symposium: The National Labor Relations Act (NLRA) does not effectively protect workers’ rights to organize, bargain, and strike. Though unions once represented a third of American workers, today the vast majority of workers are non-union and employed “at will.” The decline of organization among workers is a key factor contributing to the rise of economic and political inequality in American society. Yet reforming labor law at the federal level—at least in a progressive direction—is currently impossible. Meanwhile, broad preemption doctrine means that states and localities are significantly limited in their ability to address the weaknesses …

Small Change, Big Consequences — Partial Medicaid Expansions Under The Aca, Adrianna Mcintyre, Allan M. Joseph, Nicholas Bagley

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Though congressional efforts to repeal and replace the Affordable Care Act (ACA) seem to have stalled, the Trump administration retains broad executive authority to reshape the health care landscape. Perhaps the most consequential choices that the administration will make pertain to Medicaid, which today covers more than 1 in 5 Americans. Much has been made of proposals to introduce work requirements or cost sharing to the program. But another decision of arguably greater long-term significance has been overlooked: whether to allow “partial expansions” pursuant to a state Medicaid waiver. Arkansas has already submitted a waiver request for a partial expansion, …

Design And Planned Obsolescence. Theories And Approaches For Designing Enabling Technologies, Matteo Zallio, Damon Berry

Articles

We are currently living in a decade where smart objects and Internet of Things (IoT)-based devices are becoming part of daily life in different contexts. This research seeks to investigate and verify, by using a formal literature review methodology, the most visible aspects of technological development, within the Industry 4.0 and IoT scenario, in relation to the theories of the so called “Planned Obsolescence”.

This study covers a defined number of works on Design theories and practices on how to face the issue of built-in obsolescence of devices in the era of the Connected Devices. The majority of the works …

The Cost Of The Text, Richard A. Primus

Articles

Christopher Serkin and Nelson Tebbe's Is the Constitution Special?explores many facets of constitutional interpretation. I will focus here on their observation that constitutional interpretation is "less textual" than statutory interpretation. I place the expression "less textual" in quotation marks because "textual" could mean many things, such that it would often be problematic to characterize one interpretive exercise as more or less textual than another. In Serkin and Tebbe's view, as I understand it, mainstream constitutional interpretation is "less textual " than statutory decisionmaking in that it is less constrained by the words of particular enacted clauses. As a convenient …

Comparative Studies Of Cellular Viability Levels On 2d And 3d In Vitro Culture Matrices, Alan Casey, Hugh Byrne, Mahmoud Gargotti, Ulises Lopez Gonzalez

Articles

In this study, the cellular viability and function of immortalized human cervical and dermal cells are monitored and compared in conventional 2D and two commercial 3D membranes, Collagen and Geltrex, of varying working concentration and volume. Viability was monitored with the aid of the Alamar Blue assay, cellular morphology was monitored with confocal microscopy, and cell cycle studies and cell death mechanism studies were performed with flow cytometry. The viability studies showed apparent differences between the 2D and 3D culture systems, the differences attributed in part to the physical transition from 2D to 3D environment causing alterations to effective resazurin …

Reflections On A Language Planning Project In Context, Maire Mhic Mhathuna, Cathy Kelleher

Articles

The aim of this paper is to reflect in broad terms on issues which arose in the context of an early years language planning project in Irish-medium preschools (naíonraí) in the Irish-speaking (Gaeltacht) areas of the west of Ireland. Borradh Language Planning Project was commissioned in 2009 to provide guidance and planning templates for early years educators to develop the Irish language competency of children in their early years groups. Due to the changing language ecology of the Gaeltacht areas, many families now raise their children through both Irish and English and children enter the early years services with differing …

Embedding Life Cycle Costing In 5d Bim, Dermot Kehily, Jason Underwood,

Articles

Life Cycle Costing (LCC) is the consideration of all ‘relevant’ costs and revenues associated with the acquisition and ownership of an asset. LCC has a number of relevant applications, these include project appraisal; facilities management; procurement and tendering and as a means to evaluate sustainable construction. Although these advantages are well recognised, the process is underutilised due to a number of documented barriers to adoption. Notably these include lack of accurate historical databases; the perceived complexity and time consuming nature of the calculations; lack of a standard LCC methodology, and that clients are not requesting LCC. The research presented is …

Debating Is The Constitution Special?, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe

Articles

In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant. This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology …

Tort Reform Through The Back Door: A Critique Of Law And Apologies, Yonathan A. Arbel, Kaplan, Yotam Kaplan, Yotam

Articles

In this Article, we show how the biggest tort reform of the last decade was passed through the back door with the blessing of its staunchest opponents. We argue that the widely-endorsed "apology law" reform-a change in the national legal landscape that privileged apologies-is, in fact, a mechanism of tort reform, used to limit victims' recovery and shield injurers from liability. While legal scholars overlooked this effect, commercial interests seized the opportunity and are in the process of transforming state and federal law with the unwitting support of the public.

The Constitutional Constant, Richard A. Primus

Articles

According to a conventional view of the Constitution as a precommitment strategy, constitutional rules must remain fixed over time in order for the Constitution to do its work. In practice, however, constitutional rules regularly change over time, even without formal amendment. What is actually constant over time in the American constitutional system is not the content of constitutional law: it is the correspondence between the content of constitutional law and the American people’s (or at least the decision-making class’s) most powerful intuitions about issues of structure and ethos in American government. At any given time, constitutional law reflects those intuitions. …

The Nature Of The Crimes In The African Criminal Court, Charles C. Jalloh

Articles

This article examines the distinction between 'international' and 'transnational' crimes in contemporary international legal literature. It considers this traditional division through the lens of the African Union (AU) s Malabo Protocol, adopted in June 2014, which seeks to establish the first regional penal court with material jurisdiction over 14 crimes. The author argues that, while the international/transnational crimes distinction may be analytically convenient for scholars, the codification of both types of prohibitions into a regional treaty illustrates that some states are less concerned about adherence to crime categories and more interested in proscribing whatever conduct pose threats to their peace …

A Geometric Derivation Of The Irwin-Hall Distribution, James E. Marengo, Lucas Stefanic, David L. Farnsworth

Articles

The Irwin-Hall distribution is the distribution of the sum of a finite number of independent identically distributed uniform random variables on the unit interval. Many applications arise since round-off errors have a transformed Irwin-Hall distribution and the distribution supplies spline approximations to normal distributions. We review some of the distribution’s history. The present derivation is very transparent, since it is geometric and explicitly uses the inclusion-exclusion principle. In certain special cases, the derivation can be extended to linear combinations of independent uniform random variables on other intervals of finite length.The derivation adds to the literature about methodologies for finding distributions …

Judge Kozinski Objects, Beth H. Wilensky

Articles

Sitting judges don’t get to practice law. So although they often opine on the dos and don’ts of effective advocacy, we rarely get to see them put their advice into practice. But a few years ago, a class-action lawsuit provided the rare opportunity to witness a federal judge acting as an advocate before another federal judge—if not in the role of attorney, then certainly in as close to that role as we are likely to see. Given the chance to employ his own advice about effective advocacy, would the judge—Alex Kozinski—practice what he preaches? Would his years of experience on …

Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas

Articles

Prisoners serving life without parole for offenses they committed when they were juveniles have received much attention after the United States Supreme Court found in Miller v Alabama that mandatory life without parole for juveniles violated the Eighth Amendment and found that its Miller decision applied retroactively. Courts have begun the process of sentencing and resentencing these individuals, some of whom are still teens and some of whom have served 40 years or more in the Michigan Department of Corrections (MDOC). All told, not including new cases that come before the court, approximately 370 prisoners will receive individualized sentences under …

A Community-Consensus Approach To Knowledge Interoperability Within Heterogeneous Earth System Science Based Observational Systems, Paul Stacey, Damon Berry

Articles

Within complex domains - such as Earth System Science - knowledge is constantly evolving. Observational systems used to observe Earth’s complex processes are often built in isolation, and data representations are not adequately designed for secondary use and higher order knowledge generation. Cross-community sharing of computable information is therefore difficult to achieve. Barriers to interoperability of information means that specialists cannot fully exploit the data that may be available.

Much of the work done to date within the Information Science community has been to enable interoperability through standardisation, particularly at the syntactic level. The Open Geospatial Consortium’s (OGC) Observations & …

Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu

Articles

The following remarks were given on January 27, 2017 during the Connecticut Law Review's symposium, "Privacy, Security & Power: The State of Digital Surveillance."

Evaluating Beps, Reuven Avi-Yonah, Haiyan Xu

Articles

This article evaluates the recently completed Base Erosion and Profit Shifting (BEPS) project of the G20 and OECD and offers some alternatives for reform.

Themes In The Supervision Of Social Care Students In Ireland: Building Resilience, Fiona Mcsweeney

Articles

The field placement is core to the education of social care practitioners and practice teachers’ behaviours influence the learning and development of future practitioners. However the practice teacher role is complex with responsibilities to the agency, clients and the student (Davys & Beddoe, 2000). Twenty practice teachers were interviewed individually about their views of their role, in particular what they saw as most and least important. Inductive thematic analysis resulted in the identification of five themes 1) the nature of the work; 2) acceptance of individuality; 3) commonality and differences from staff; 4) focus on positives and 5) practice involves …

Application Of Variational Principle To Form Reduced Fluid-Structure Interaction Models In Bifurcated Networks, Alexander S. Liberson, Yashar Seyed Vahedein, David A. Borkholder

Articles

Reduced fluid-structure interaction models have received a considerable attention in recent years being the key component of hemodynamic modeling. A variety of models applying to specific physiological components such as arterial, venous and cerebrospinal fluid (CSF) circulatory systems have been developed based on different approaches. The purpose of this paper is to apply the general approach based on Hamilton’s variational principle to create a model for a viscous Newtonian Fluid - Structure Interaction (FSI) in a compliant bifurcated network. This approach provides the background for a correct formulation of reduced FSI models with an account for arbitrary nonlinear visco-elastic properties …

Genetic Diversity Of Cd14 Promoter Gene Polymorphism (Rs2569190) Is Associated With Regulation Of Malaria Parasitemia And Susceptibility To Plasmodium Falciparum Infection., Olusola Ojurongbe, Roland I. Funwei, Tara J. Snyder, Najihah Aziz, Yi Li, Catherine O. Falade, Bolaji N. Thomas

Articles

CD14 is a multifunctional receptor expressed on many cell types and has been shown to mediate immune response resulting in the activation of an inflammatory cascade, with polymorphism of its promoter (rs2569190) found to be associated with susceptibility to several diseases. In malaria infection, the CD14 gene demonstrated a pathogenic profile in regulating experimental cerebral malaria, with reports of elevated levels of soluble CD14 in serum of patients but no definitive conclusion. We present a detailed analysis of genetic diversity of CD14 promoter gene (snp −159 C/T; rs2519190) polymorphism between a malaria-infected group and uninfected controls and its association with …