Digital Commons Network^™

Contemporary Practice Of The United States Relating To International Law, January 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic

Legal Limits And The Implementation Of The Affordable Care Act, Nicholas Bagley

Articles

Accusations of illegality have dogged the Obama Administration's efforts to implement the Affordable Care Act (ACA), the most ambitious piece of social legislation since the advent of Medicare and Medicaid. Some of the accusations have merit; indeed, it would be surprising if they did not. Even as the ACA's rollout has exposed unanticipated difficulties in the statutory design, congressional antipathy to health reform has precluded looking to the legislature to iron out those difficulties. To secure his principal achievement, President Obama has repeatedly tested the limits of executive authority in implementing the ACA. Six years after its enactment and two …

Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos

Articles

At least since the Supreme Court’s 2009 decision in Ricci v. DeStefano, disparate-impact liability has faced a direct constitutional threat. This Article argues that the Court’s decision last Term in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate-impact liability is available under the Fair Housing Act, has resolved that threat, at least for the time being. In particular, this Article argues, Inclusive Communities is best read to adopt the understanding of equal protection that Justice Kennedy previously articulated in his pivotal concurrence in the 2007 Parents Involved case—which argued that …

What Notice Did, Jessica D. Litman

Articles

In the twenty-first century, copyright protection is automatic. It vests in eligible works the instant that those works are first embodied in a tangible format. Many Americans are unaware of that, believing instead that registration and copyright notice are required to secure a copyright. That impression is understandable. For its first 199 years, United States copyright law required authors to take affirmative steps to obtain copyright protection. The first U.S. copyright statute, enacted by Congress in 1790, required the eligible author of an eligible work to record the title of the work with the clerk of the court in the …

Easy Come, Easy Go: The Plight Of Children Who Spend Less Than 30 Days In Foster Care, Vivek Sankaran, Christopher Church

Articles

This article explores the plight of “short stayers” and argues that juvenile courts are failing to use two tools—the federal reasonable efforts requirement and the early appointment of parents’ counsel—to prevent the unnecessary entry of children into foster care. The article also argues that states should give parents and children the right to an expedited appeal of removal decisions to ensure removal standards are properly applied. Finally, this article argues that the federal government must acknowledge the problem of short stayers by utilizing data related to children who may unnecessarily enter foster care in the Child and Family Services Review, …

Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police, Sonja B. Starr

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In this Article, I explore why measuring disparate-treatment discrimination by police is so difficult, and consider the ways that researchers' existing tools can make headway on these challenges and the ways they fall short. Lab experiments have provided useful information about implicit racial bias, but they cannot directly tell us how these biases actually affect real-world behavior. Meanwhile, for observational researchers, there are various hurdles, but the hardest one to overcome is generally the absence of data on the citizen conduct that at least partially shapes policing decisions. Most crime, and certainly most noncriminal "suspicious" or probable-cause-generating behavior, goes unreported …

Evaluating Beps: A Reconsideration Of The Benefits Principle And Proposal For Un Oversight, Reuven Avi-Yonah, Haiyan Xu

Articles

The Financial Crisis of 2008 and Great Recession that followed have exacerbated income inequality within and between countries. In the aftermath of the economic turbulence, politicians have turned their attention to the twin problems of individual tax evasion and corporate tax avoidance. U.S. legislators enacted the Foreign Account Tax Compliance Act (FACTA), leading to the United States signing a series of Intergovernmental Agreements (IGAs) for the exchange of tax information. The Organization for Economic Co-operation and Development (OECD) developed the Multilateral Agreement for Administrative Assistance in Tax Matters (MAATM) and initiated the Base Erosion and Profit Shifting (BEPS) project to …

Separations Of Wealth: Inequality And The Erosion Of Checks And Balances, Kate Andrias

Articles

American government is dysfunctional: Gridlock, filibusters, and expanding presidential power, everyone seems to agree, threaten our basic system of constitutional governance. Who, or what, is to blame? In the standard account, the fault lies with the increasing polarization of our political parties. That standard story, however, ignores an important culprit: Concentrated wealth and its organization to achieve political ends. The only way to understand our current constitutional predicament—and to rectify it—is to pay more attention to the role that organized wealth plays in our system of checks and balances. This Article shows that the increasing concentration of wealth and political …

Provisions Denying A Deduction For Illegal Expenses And Expenses Of An Illegal Business Should Be Repealed, Douglas A. Kahn, Howard Bromberg

Articles

Currently, the tax law denies a deduction for business expenses that violate a federal or state law (but only if the state law is generally enforced). In addition, losses, including business losses, cannot be deducted if they arise out of an illegal activity. For example, medical expenses are denied a deduction if they are illegal. Kickbacks, bribes, and rebates given in connection with the Medicaid or Medicare program are nondeductible. Any expenses, legal or not, incurred in connection with the conduct of a business of selling a controlled substance that is prohibited by federal law (or by the law of …

The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue

Articles

This Article explores the role of insurance as a substitute for direct regulation of risks posed by severe weather. In pricing the risk of human activity along the predicted path of storms, insurance can provide incentives for efficient location decisions as well as for cost-justified mitigation efforts in building construction and infrastructure. Currently, however, much insurance for severe-weather risks is provided and heavily subsidized by the government. This Article demonstrates two primary distortions arising from the government’s dominance in these insurance markets. First, existing government subsidies are allocated differentially across households, resulting in a significant regressive redistribution favoring affluent homeowners …

Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard A. Primus

Articles

In Is Originalism Our Law?, William Baude has made a good kind of argument in favor of originalism. Rather than contending that originalism is the only coherent theory for interpreting a constitution, he makes the more modest claim that it happens to be the way that American judges interpret our Constitution. If he is right—if originalism is our law—then judges deciding constitutional cases ought to be originalists. But what exactly would the content of that obligation be? Calling some interpretive method “our law” might suggest that judges have an obligation to decide cases by reference to that method. But the …

The Just-Barely-Sustainable California Prisoners' Rights Ecosystem, Margo Schlanger

Articles

Over the past two decades, the United States has seen a marked decline in the frequency and depth of court interventions in prisons and jails. Prisoners’ rights litigation has not disappeared—but it has been drastically curtailed by the 1996 Prison Litigation Reform Act (PLRA), along with myriad other forces, doctrinal and political. The PLRA, enacted as part of the Newt Gingrich “Contract with America,” undermined prisoners’ ability to bring, settle, and win lawsuits. (Schlanger 2003; Schlanger 2006)

The resulting impact on jail and prison litigation has been extremely substantial. Significant prisoners’ rights cases certainly remain on court dockets, and new …

Commentary On The Emerging Constitutional Indigenous Peoples Land Rights In Tanzania, Daniel Halberstam

Articles

The pastoralists and hunter-gatherer indigenous peoples in Tanzania continue lobbying their recognition as such and protection of their land rights. This article discusses the extent to which the indigenous peoples are legally recognized and the state of their security of land tenure. With the hindsight of the UN Declaration on the Rights of Indigenous Peoples 2007 and the 2003 Report of the African Commission Working Group of Experts on Indigenous Population, this article probes the emerging indigenous land rights within the broader understating of the minority rights in the Draft Constitution of Tanzania 2014 as well as the Draft Policy …

Exposing The Gendered Myth Of Post Conflict Transition: The Transformative Power Of Economic And Social Rights, Madeleine Rees, Christine M. Chinkin

Articles

Post conflict transition has become an industry, with a plethora of states, NGOs, experts, institutes, academics and U.N. bodies, all seeking to find the right formula to effect real and sustainable peace where previously there has been none. It is valuable and important, nevertheless, to note that "more than [fifty] percent of peace agreements fail within the first five years of signature". The evidence is clear: transitions are not working.

In this essay we seek to explain and deconstruct some of the terminology applied to post conflict situations by briefly looking at conceptss of "gender equality" participation, political economy, neo-liberalism, …

Maximizing The Spatial Representativeness Of No2 Monitoring Data Using A Combination Of Local Wind-Based Sectoral Division And Seasonal And Diurnal Correction Factors, Aoife Donnelly, Owen Naughton, Bruce Misstear, Brian Broderick

Articles

This article describes a new methodology for increasing the spatial representativeness of individual monitoring sites. Air pollution levels at a given point are influenced by emission sources in the immediate vicinity. Since emission sources are rarely uniformly distributed around a site, concentration levels will inevitably be most affected by the sources in the prevailing upwind direction. The methodology provides a means of capturing this effect and providing additional information regarding source/pollution relationships. The methodology allows for the division of the air quality data from a given monitoring site into a number of sectors or wedges based on wind direction and …

Full Circle? The Single Tax Principle, Beps, And The New Us Model, Reuven S. Avi-Yonah

Articles

This paper will argue that while there is some innovation in BEPS, it is in fact more of a continuation that a sharp break with the past. Like Alexis de Tocqueville’s French Revolution, BEPS represents both continuity and change. In particular, the single tax principle has formed the theoretical basis of much of the international tax regime from the beginning. And it is in fact this continuity rather than any sharp change that gives the final BEPS package its promise to, as Secretary General Gurria also promised, “put an end to double non-taxation.”

Monitoring Voip Speech Quality For Chopped And Clipped Speech, Andrew Hines, Jan Skoglund, Anil C. Kokaram, Naomi Harte

Articles

No abstract provided.

Face Recognition-Based Real-Time System For Surveillance, Fahad Parvez Mahdi, Md. Mahmudul Habib, Susan Mckeever, A.S.M. Moslehuddin, Pandian Vasant

Articles

The ability to automatically recognize human faces based on dynamic facial images is important in security, surveillance and the health/independent living domains. Specific applications include access control to secure environments, identification of individuals at a particular place and intruder detection. This research proposes a real-time system for surveillance using cameras. The process is broken into two steps: (1) face detection and (2) face recognition to identify particular persons. For the first step, the system tracks and selects the faces of the detected persons. An efficient recognition algorithm is then used to recognize detected faces with a known database. The proposed …

Hamiltonian Formulation For Wave-Current Interactions In Stratified Rotational Flows, Adrian Constantin, Rossen Ivanov, Calin-Iulian Martin

Articles

We show that the Hamiltonian framework permits an elegant formulation of the nonlinear governing equations for the coupling between internal and surface waves in stratified water flows with piecewise constant vorticity.

On The N-Wave Equations With Pt-Symmetry, Vladimir Gerdjikov, Georgi Grahovski, Rossen Ivanov

Articles

We study extensions of N-wave systems with PT-symmetry. The types of (nonlocal) reductions leading to integrable equations invariant with respect to P- (spatial reflection) and T- (time reversal) symmetries is described. The corresponding constraints on the fundamental analytic solutions and the scattering data are derived. Based on examples of 3-wave (related to the algebra sl(3,C)) and 4-wave (related to the algebra so(5,C)) systems, the properties of different types of 1- and 2-soliton solutions are discussed. It is shown that the PT symmetric 3-wave equations may have regular multi-soliton solutions for some specific choices of their parameters.

The Dynamics Of Flat Surface Internal Geophysical Waves With Currents, Alan Compelli, Rossen Ivanov

Articles

A two-dimensional water wave system is examined consisting of two discrete incompressible fluid domains separated by a free common interface. In a geophysical context this is a model of an internal wave, formed at a pycnocline or thermocline in the ocean. The system is considered as being bounded at the bottom and top by a flatbed and wave-free surface respectively. A current profile with depth-dependent currents in each domain is considered. The Hamiltonian of the system is determined and expressed in terms of canonical wave-related variables. Limiting behavior is examined and compared to that of other known models. The linearised …

Young Consumers’ Brand Communications Literacy In A Social Networking Site Context, Margaret-Anne Lawlor, Aine Dunne, Jennifer Rowley

Articles

Purpose - Whilst substantial scholarly attention has been given to children’s understanding of advertising in the context of traditional advertising channels, there is a gap in the literature with regard to children’s commercial awareness in the context of online social networking sites (SNS). This paper seeks to explore the nature and extent of advertising literacy amongst young consumers in the context of their use of SNS, namely Facebook and Bebo.

Design/methodology/approach - A three-stage study was conducted with 12-14 year old girls, using focus group discussions, participant observation and in-depth interviews.

Findings - The study illustrates that the increasingly blurred …

Interactive Learning: Developing An Esimulation Portal Framework, Ayman Tobail, John Crowe, Amr Arisha

Articles

The emerging eLearning paradigm is becoming increasingly used in many academic disciplines. The concept acknowledges learning processes that no longer deploy only traditional teaching methods. It can be argued that today’s third level education students are part of a new virtual era where the blackboard has been replaced by the interactive whiteboard, so more interactive and virtually orientated teaching aids are required to assist in the transition from traditional learning to eLearning. The key objective of this paper is to propose a simulation-based learning framework that integrates web-based simulation and a web content management hierarchy model. Using the highly complex …

Atmospheric Cold Plasma Interactions With Modified Atmosphere Packaging Inducer Gases For Safe Food Preservation., Lu Han, Daniela Boehm, Vladimir Milosavljević, Ester Amias, Patrick J. Cullen, Paula Bourke

Articles

Diverse microbiological challenges and pervasive microbial resistance drive technological development in food processing, where increasing process complexity and consumer demand for less processed goods leads to strong demand for effective decontamination. Atmospheric cold plasma (ACP) has wide potential for decontamination application in the food sector. We investigated the effect of Modified Atmosphere Packaging (MAP) gas mixtures on reactive species generated, their efficacy and mechanism of inactivation against Escherichia coli, Listeria monocytogenes and Staphylococcus aureus. Oxygen levels in the applied working gas had positive interactive effects on ROS generation, in-package inactivation efficacy in conjunction with post-treatment storage time. …

Paying High For Low Performance, Steven A. Bank, George S. Georgiev

Articles

This Essay argues that regulatory reforms in the area of executive compensation introduced by the Dodd-Frank Act of 2010 have not yet achieved their purpose of linking executive pay with company performance. The rule on shareholder say-on-pay appears to have had limited success over the five proxy seasons since its adoption. The rule on pay ratio disclosure, adopted in August 2015, and the rules on pay-versus-performance disclosure and the clawback of certain incentive compensation, proposed in April 2015 and July 2015, respectively, are also unlikely to succeed. For the most part, the rules are intuitive and well-intentioned, but a closer …

Mathematics Learning Support Across A Multi-Campus Institution: A Prototype Of Virtual Support, Cormac Breen, Ciaran O'Sullivan, Damian Cox

Articles

In this paper, a study on Mathematics Learning Support (MLS) that was undertaken across three institutes intending to form the Technological University for Dublin is outlined. This study consisted of a survey that was circulated to both staff and students in each of the three institutes. The survey had two objectives. Firstly it sought to identify the students’ needs for MLS in each of the three institutes. Secondly, it sought to ascertain the preferred method of provision of MLS, on a scale ranging from exclusively online, to exclusively in person. Following on the results of this survey it was decided …

Synthesis And Biochemical Evaluation Of 3-Phenoxy-1,4-Diarylazetidin-2-Ones As Tubulin-Targeting Antitumor Agents, Thomas F. Greene, Shu Wang, Lisa M. Greene, Seema M. Nathwani, Jade K. Pollock, Azizah M. Malebari, Thomas Mccabe, Brendan Twamley, Niamh O'Boyle, Daniela M. Zisterer, Mary J. Meegan

Articles

Structure-activity relationships for a series of 3-phenoxy-1,4-diarylazetidin-2-ones were investigated leading to the discovery of a number of potent antiproliferative compounds, including trans-4-(3-hydroxy-4-methoxyphenyl)-3-phenoxy-1-(3,4,5-trimethoxyphenyl)azetidin-2-one (78b) and trans-4-(3-amino-4-methoxyphenyl)-3-phenoxy-1-(3,4,5-trimethoxyphenyl)azetidin-2-one (90b). X-ray crystallography studies indicate the potential importance of the torsional angle between the 1-phenyl ‘A’ ring and 4-phenyl ‘B’ ring for potent antiproliferative activity, and that a trans configuration between the 3-phenoxy and 4-phenyl rings is generally optimal. These compounds displayed IC₅₀ values of 38 nM and 19 nM respectively in MCF-7 breast cancer cells, inhibited the polymerization of isolated tubulin in vitro, disrupted the microtubular …

Bankruptcy And Unbundling: Oil And Water, Gary E. Sullivan, Jessica M. Zorn

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No abstract provided.

Better Than Bankruptcy?, Andrew B. Dawson

Articles

According to many in the bankruptcy field, small business debtors are increasingly turning to state debtor-creditors laws as an alternative to federal bankruptcy relief. One particularly popular state law is the assignment for the benefit of creditors. The conventional wisdom is that these procedures provide a state law alternative to liquidate a business.

This article reports the results of an original empirical study that challenges this conventional wisdom. Gathering data from every assignment for the benefit of creditors in a major metropolitan area over a three-year period, this study shows that debtors and their secured creditors are using these procedures …

Cultural Evolution Or Revolution? The Millennial's Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz, Katie M. Lachter, Gabriella Morello

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No abstract provided.