Digital Commons Network^™

Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi

Articles

No abstract provided.

Very Compact Open-Slot Antenna For Wireless Communication Systems, Frances J. Harackiewicz, Ali Al-Azza, Hemachandra Reddy Gorla

Articles

A new very compact open slot antenna for wireless communication systems application has been designed and fabricated. With antenna overall dimension of 9.2 × 9.8 mm², the proposed design can be used in many modern communication devices with size constraints. Experimental measurements have also been performed to validate the performance of the proposed antenna. The measured results show that the antenna provides a wide bandwidth of 48% (5–8.17 GHz) with an average size reduction of about 88% with respect to a conventional microstrip patch antenna.

Dual Trident Uwb Planar Antenna With Band Notch For Wlan, Hemachandra Reddy Gorla, Frances J. Harackiewicz

Articles

In this paper, a compact microstrip fed ultra-wideband antenna with a band notch characteristic is presented. The proposed antenna consists of two tridents and two uneven split ring resonators. The overall size of the antenna is 26 mm × 24 mm × 1.53 mm. By adding the uneven split ring resonators to the dual trident ultra-wideband antenna, a band notch of 5.05 GHz to 5.9 GHz is achieved. The band notch is adjusted by the size and the split locations of the resonators. CST microwave studios software was used to simulate the design. The measured |S11| (dB) pass band and …

Covariance Matrix Adaptation Evolutionary Strategy Optimization Of Patch Antenna For Wireless Communication, Ali Al-Azza, Frances J. Harackiewicz, Hemachandra Reddy Gorla

Articles

Covariance matrix adaptation evolutionary strategy algorithm is applied to optimize a dielectric loaded microstrip patch antenna. The optimization process performance is enhanced by not considering the symmetrical factor of the antenna structure. The antenna is optimized to work for IEEE 802.11a WLAN 5-6 GHz band. Experimental measurements have also been performed to validate the performance of the proposed antenna.

Transcending Formalism And Functionalism In Separation-Of-Powers Analysis: Reframing The Appointments Power After Noel Canning, Ronald J. Krotoszynski Jr.

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Contemporary separation-of-powers theory and practice generally rely on two competing theories-formalism and functionalism-to frame and decide contested questions about the scope of each branch's constitutional power and authority. In some areas, this dichotomy works reasonably well and possesses significant explanatory force. But the dichotomy's utility is considerably less obvious in the context of the federal appointments process.

The Supreme Court's recent decision in National Labor Relations Board v. Noel Canning crisply demonstrates the limitations of formalism and functionalism in resolving separation-of-powers questions that equally implicate text, structure, and historical practice. Moreover, Justice Breyer's Noel Canning opinion deftly transcends the formalism-functionalism …

Why Obama: An Interest Convergence Explanation Of The Nation's First Black President Symposium: Examining Critical Race Theory: Honoring Professor Richard Delgado, Richard Delgado

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No abstract provided.

Distinguishing Deductible Repairs From Capitalized Improvements: An Expectations Approach To The New Repair Regulations, George Mundstock, Thomas J. Korge

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No abstract provided.

企業の社会的責任と戦略的租税行動 [Corporate Social Responsibility And Strategic Tax Behavior], Reuven S. Avi-Yonah, Keisaku Koga Translator

Articles

This paper addresses two questions. First, from the perspective of the corporation, should the corporation cooperate and pay the corporate tax, or should it engage in "strategic" tax behavior designed to minimize or eliminate its corporate tax burden? Second, from the perspective of the state, should the state use the corporate tax just to raise revenue, or should it also try to use it as a regulatory tool to steer corporate behavior in directions that it deems beneficial to society? The paper argues that whatever our view of the nature of the corporation and of the legitimacy of corporate social …

The Child Quasi-Witness, Richard D. Friedman, Stephen J. Ceci

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This Essay provides a solution to the conundrum of statements made by very young children and offered against an accused in a criminal prosecution. Currently prevailing doctrine allows one of three basic outcomes. First, in some cases the child testifies at trial. But this is not always feasible, and when it is, cross-examination is a poor method for determining the truth. Second, evidence of the child's statement may be excluded, which denies the adjudicative process of potentially valuable information. Third, the evidence may be admitted without the child testifying at trial, which leaves the accused with no practical ability to …

Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson

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In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations

Accountability And Independence In Financial Regulation: Checks And Balances, Public Engagement, And Other Innovations, Michael S. Barr

Articles

Financial regulation attempts to balance two competing administrative goals. On the one hand, as with much of administrative law, accountability is a core goal. Accountability undergirds the democratic legitimacy of administrative agencies. On the other hand, unlike with much of administrative law, independence plays a critical role.' Independence helps to protect financial regulatory agencies from political interference and-with some important caveats-arguably helps to guard against some forms of industry capture. In addition, with respect to the Federal Reserve (the Fed), independence serves to improve the credibility of the Fed's price stability mandate by insulating its decisionmaking from politics and, in …

Halliburton Ii: A Loser's History, Adam C. Pritchard

Articles

The Supreme Court was presented with an opportunity to bring fundamental reform to securities class actions last term in Halliburton Co. v. Erica P John Fund, Inc.. The Court ducked that opportunity, passing the buck to Congress to undo the mess that the Court had created a quarter century prior in Basic Inc. v. Levinson. Congress's history in dealing with securities class actions suggests that reform is unlikely to come from the legislature anytime soon. The Securities and Exchange Commission appears to be satisfied with the status quo as well. With these institutional actors resisting reform, corporations and …

Taking Public Access To The Law Seriously: The Problem Of Private Control Over The Availability Of Federal Standards, Nina A. Mendelson

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In the 1930s, Harvard professor Erwin Griswold famously complained about the enormous numbers of New Deal regulations that were obscurely published on individual sheets or in “separate paper pamphlets.” Finding these binding federal rules was difficult, leading to “chaos” and an “intolerable” situation. Congress responded, requiring that agencies publish all rules in the Federal Register and in the Code of Federal Regulations (CFR). Currently, recent federal public laws, the entire U.S. Code, the Federal Register, and the CFR are all freely available online as well as in governmental depository libraries. But with respect to thousands of federal regulations, the clock …

Prosecutorial Discretion And Environmental Crime, David M. Uhlmann

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In January 1991, just four weeks after joining the Justice Department’sEnvironmental Crimes Section as an entry-level attorney, I traveled to NewOrleans to attend an environmental enforcement conference. The conferencewas attended by hundreds of criminal prosecutors and civil attorneys from theJustice Department, as well as enforcement officials from the EnvironmentalProtection Agency (“EPA”). It was a propitious time for environmental protec-tion efforts in the United States. Less than two months earlier, President GeorgeH. W. Bush had signed the Clean Air Act Amendments of 1990, culminating aremarkable twenty-year period that created the modern environmental law sys-tem in the United States. My new office, …

Inversions And Competitiveness: Reflections In The Wake Of Pfizer-Allergan, Reuven S. Avi-Yonah, Omri Marian

Articles

The recent announcement that Pfizer Inc. has reached a merger agreement with Allergan PLC, with the combined entity being tax resident in Ireland, is a good occasion to reconsider U.S. policy options in regard to inversions. We consider an "inversion" as any transaction in which a U.S. corporation becomes foreign for tax purposes without a meaningful change to its underlying business or management activities. This short article explains what we believe to be the true motives of inversion transactions, as well as potential policy responses, in light ofthe Pfizer inversion. Part II explains what is unique about the Pfizer inversion …

Characteristics Of Attorneys Representing Children In Child Welfare Cases, Britany Orlebeke, Andrew Zinn, Xiaomeng Zhou, Donald N. Duquette

Articles

Every day in state and local courts throughout the United States, judges are called upon to decide who should have the responsibility for the immediate and long-term care of neglected and abused children. Federal recognition of the right to independent advocacy for children subject to these proceedings originates with the 1974 Federal Child Abuse Prevention and Treatment Act (CAPTA). As a condition of receiving federal funds for child abuse prevention services through CAPTA, states must provide for the appointment of an appropriately trained guardian ad litem (GAL) for every child whose case results in a judicial proceeding. A guardian ad …

The Legacy Of Senator Edmund Muskie, Robert Hirshon

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I am delighted to be with you this morning. My relationship with Senator Edmund Muskie actually predated my birth. It arose from my grandfather's ownership of a building in Waterville, Maine. On the ground floor was a dry goods and clothing store operated by my grandparents and frequently visited by Jane Gray, the future wife of Edmund Muskie. On one of the upper floors in 'the building was a small office that my grandfather rented to an aspiring young lawyer who had recently graduated from Cornell Law School and had returned to Maine to practice law. That young lawyer was …

Factors Affecting The Academic Performance Of Optometry Students In Mozambique., James Loughman, Kajal Shah, Kovin Naidoo, Luigi Bilotto

Articles

Purpose. The Mozambique Eyecare Project is a higher education partnership for the development, implementation, and evaluation of a model of optometry training at UniLu´ rio in Mozambique. There are many composite elements to the development of sustainable eye health structures, and appropriate education for eye health workers remains a key determinant of successful eye care development. However, from the first intake of 16 students, only 9 students graduated from the program, whereas only 6 graduated from the second intake of 24 students. This low graduation rate is attributable to a combination of substandard academic performance and student dropout. The aim …

Economics, Eq, And Finance: The Next Frontier In Legal Education, Pamela Bucy Pierson

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No abstract provided.

Peacebuilding And Reintegrating Ex-Combatants With Disabilities, Janet E. Lord, Michael Ashley Stein

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There is a significant gap in post-conflict reintegration processes when it comes to ex-combatants with disabilities, notwithstanding an apparent acknowledgement that physical and mental trauma impact civilians and ex-combatants alike in large numbers and that social reintegration is vital to peaceful transitions. Moreover, processes aimed to reintegrate ex-combatants are typically disconnected from broader efforts to build and sustain the legal institutions that support the rights of the most marginalised groups in conflict affected countries. We examine the implications of this marginalisation of ex-combatants with disabilities and set our analysis within the framework of the Convention on the Rights of Persons …

A Class Of High-Order Runge-Kutta-Chebyshev Stability Polynomials, Stephen O'Sullivan

Articles

The analytic form of a new class of factorized Runge-Kutta-Chebyshev (FRKC) stability polynomials of arbitrary order N is presented. Roots of FRKC stability polynomials of degree L = MN are used to construct explicit schemes comprising L forward Euler stages with internal stability ensured through a sequencing algorithm which limits the internal amplification factors to ~ L². The associated stability domain scales as M² along the real axis. Marginally stable real-valued points on the interior of the stability domain are removed via a prescribed damping procedure. By construction, FRKC schemes meet all linear order conditions; for nonlinear …

A Hamiltonian Approach To Wave-Current Interactions In Two-Layer Fluids, Adrian Constantin, Rossen Ivanov

Articles

We provide a Hamiltonian formulation for the governing equations describing the two-dimensional nonlinear interaction between coupled surfacewaves, internalwaves, and an underlying current with piecewise constant vorticity, in a two-layered fluid overlying a flat bed. This Hamiltonian structure is a starting point for the derivation of simpler models, which can be obtained systematically by expanding the Hamiltonian in dimensionless parameters. These enable an in-depth study of the coupling between the surface and internal waves, and how both these wave systems interact with the background current.

Will Oscillating Wave Surge Converters Survive Tsunamis?, Laura Cooke, P. Christodoulides, E. Renzi, T. Stefanakis, F. Dias

Articles

With an increasing emphasis on renewable energy resources, wave power technology is becoming one of the realistic solutions. However, the 2011 tsunami in Japan was a harsh reminder of the ferocity of the ocean. It is known that tsunamis are nearly undetectable in the open ocean but as the wave approaches the shore its energy is compressed, creating large destructive waves. The question posed here is whether an oscillating wave surge converter (OWSC) could withstand the force of an incoming tsunami. Several tools are used to provide an answer: an analytical 3D model developed within the framework of linear theory, …

Student Attitudes To An Online, Peer-Instruction, Revision Aid In Science Education, Barry Ryan, Aaron Mac Raighne, Morag Casey, Robert Howard

Articles

Peer instruction has been shown to have a positive effect on students’ engagement and learning. However, many of the techniques designed to incorporate peer instruction into the student experience are very heavy on resources. PeerWise is a free, low-maintenance, web-tool designed to allow peer instruction between students within a large class group. Students can write, answer and discuss Multiple Choice Questions (MCQs) based on their work in-class.

In this study, we introduce PeerWise to a wide and varied cohort of science students (N=509) across different disciplines, undergraduate years, levels (certificate to honours degree) and institutes. The attitudes of the students …

Postgraduate Researchers Who Teach: How Can National Policy And The Structured Phd Centralise This Forgotten Tribe And Celebrate Their Skills In Tackling Some Of The Current Challenges In Irish Higher Education?, Barry Ryan

Articles

Some of the current challenges faced by Higher Education Institutes (HEIs) include financial constraints imposed by the economic downturn, the requirement to ‘teach more with less’, and the use of the knowledge based economy to drive economic stabilisation and recovery. HEIs have adopted a number of approaches to address these drivers of change including centralising the postgraduate research student who teaches. The role of these postgraduate research students is one that is not often highlighted within the fabric of the HEI; however, these transient researchers play two key roles: full-time researchers and novice educators. Centralising and celebrating the research skills …

On Inaccessible Judgments, The Role Of Ngos In Advancing Global Justice, And African State Practice On Universal Jurisdiction, Charles C. Jalloh

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No abstract provided.

Algebraic And Numerical Exploration Of Free Energies For Materials With Memory, John Murrough Golden, Giovambattista Amendola, Mauro Fabrizio

Articles

Abstract. We study the forms of a range of free energy functionals for materials with memory for two types of strain history, namely sinusoidal and ex- ponential behaviours. The work deals with discrete spectrum materials, which are those with relaxation functions given by sums of decaying exponentials.

Synthesis And Structural Characterizations Of Ansa-Vanadabis(Tricarbadecaboranyl) Sandwich Complexes, Ariane Perez-Gavilan, Patrick J. Carroll, Larry Sneddon

Articles

A new linked bis(tricarbadecaboranyl) dianion has been used to form the first examples of ansa-vanadabis(tricarbadecaboranyl) complexes. The Li2+[6,6-(CH2)4-nido-(5,6,9-C3B7H9)2]2– (1) dianion was produced by a carbon-insertion route involving the reaction of two equivalents of arachno-4,6-C2B7H12– with adiponitrile. The reaction of 1 with VCl3·THF produced two isomeric ansa-vanadabis(tricarbadecaboranyl) complexes, ansa-(2′,4-(CH2)4-)-commo-V-(1′-V-2′,3′,5′-C3B7H9)(1-V-2,3,4-C3B7H9) (2) and ansa-(2′,4-(CH2)4-)-commo-V-(1′-V-2′,3′,4′-C3B7H9)(1-V-2,3,4-C3B7H9) (3). Crystallographic determinations showed that in both complexes a formal V2+ ion is sandwiched between two tricarbadecaboranyl cages that are linked by the ansa-(CH2)4– group, but that the points of linker-attachment on the two cages are different. …

In The Name Of Patent Stewardship: The Federal Circuit’S Overreach In Commercial Law, Xuan-Thao Nguyen

Articles

While the U.S. Court of Appeals for the Federal Circuit has admirably commandeered its stewardship of patent law-Congress bestowed the Federal Circuit with exclusive jurisdiction over patent appeals since 1982-the court has unabashedly extended its reach, unwelcomed, into commercial law. Camouflaged in the name of patent stewardship, the Federal Circuit's foray into commercial law has yielded unexpected and unjustifiable results. This Article argues that, paradoxically, to maintain its stewardship of patent law, the Federal Circuit should not invoke patent law to rationalize its decisions concerning commercial law, which have dramatically altered established commercial law. This encroachment into commercial law, which …

Through The Lens Of Innovation, Mirit Eyal-Cohen

Articles

The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of entrepreneurship. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Entrepreneurship turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviation as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Through …