Digital Commons Network^™

Trial Court Budgets, The Enforcer's Dilemma, And The Rule Of Law, Scott Baker, Anup Malani

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No abstract provided.

The Limits Of Enumeration, Richard A. Primus

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According to a well-known principle of constitutional interpretation here identified as the “internal-limits canon,” the powers of Congress must always be construed as authorizing less legislation than a general police power would. This Article argues that the internallimits canon is unsound. Whether the powers of Congress would in practice authorize any legislation that a police power would authorize is a matter of contingency: it depends on the relationship between the powers and the social world at a given time. There is no reason why, at a given time, the powers cannot turn out to authorize any legislation that a police …

Taxation And Inequality: A Case For The Vat., Reuven S. Avi-Yonah

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The author shows that a progressive income tax has had little effect on after-tax income inequality. Social programs, however, do create a more equal society. He proposes a national sales tax—a value-added tax—to finance more such social programs as America's best route to a more equal society.

Competitive Evaluation Of Data Mining Algorithms For Use In Cassification Of Leukocyte Subtypes With Raman Microspectroscopy, Adrian Maguire, I. Vega-Carrascal, Jane Bryant, Lisa White, Orla Howe, Fiona Lyng, Aidan Meade

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Raman microspectroscopy has been investigated for some time for use in label-free cell sorting devices. These approaches require coupling of the Raman spectrometer to complex data mining algorithms for identification of cellular subtypes such as the leukocyte subpopulations of lymphocytes and monocytes. In this study, three distinct multivariate classification approaches, (PCA-LDA, SVMs and Random Forests) are developed and tested on their ability to classify the cellular subtype in extracted peripheral blood mononuclear cells (T-cell lymphocytes from myeloid cells), and are evaluated in terms of their respective classification performance. A strategy for optimisation of each of the classification algorithm is presented …

Jack Weinstein And The Missing Pieces Of The Hearsay Puzzle, Richard D. Friedman

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For the first three quarters of the twentieth century, the Wigmore treatise was the dominant force in organizing, setting out, and explaining the American law of evidence. Since then, the first two of those roles have been taken over in large part by the Federal Rules of Evidence (Rules). And the third has been performed most notably by the Weinstein treatise. Judge Jack Weinstein was present at the creation of the Rules and before. Though he first made his name in Civil Procedure, while still a young man he joined two of the stalwarts of evidence law, Edmund Morgan and …

From Basic To Halliburton, M. Todd Henderson, Adam C. Pritchard

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Securities fraud class actions are big business for lawyers. Since 1996, nearly 4,000 suits have been filed, with the majority resulting in companies paying substantial settlements. The top 10 settlements alone totaled about $35 billion; plaintiffs' lawyers took home billions in fees. Companies paid their own lawyers similar sums for defending them. If spending these gigantic sums on lawyers deterred corporate fraud (that is, if they helped sort cases of actual fraud from mere business reverses), then that might be money well spent. But if lawyers are paid billions without reducing the probability or magnitude of corporate fraud, then from …

Sex Offender Law And The Geography Of Victimization, Amanda Y. Agan, J. J. Prescott

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Sex offender laws that target recidivism (e.g., community notification and residency restriction regimes) are premised—at least in part—on the idea that sex offender proximity and victimization risk are positively correlated. We examine this relationship by combining past and current address information of registered sex offenders (RSOs) with crime data from Baltimore County, Maryland, to study how crime rates vary across neighborhoods with different concentrations of resident RSOs. Contrary to the assumptions of policymakers and the public, we find that, all else equal, reported sex offense victimization risk is generally (although not uniformly) lower in neighborhoods where more RSOs live. To …

Market Power Without Market Definition, Daniel A. Crane

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Antitrust law has traditionally required proof of market power in most cases and has analyzed market power through a market definition/market share lens. In recent years, this indirect or structural approach to proving market power has come under attack as misguided in practice and intellectually incoherent. If market definition collapses in the courts and antitrust agencies, as it seems poised to do, this will rupture antitrust analysis and create urgent pressures for an alternative approach to proving market power through direct evidence. None of the leading theoretic approaches—such as the Lerner Index or a search for supracompetitive profits—provides a robust …

Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr

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Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher than …

Raman Microspectroscopy For The Early Detection Of Pre-Malignant Changes In Cervical Tissue, Nosheen Rashid, Haq Nawaz, Kelvin W. Poon, Franck Bonnier, Salih Bakhiet, Cara Martin, John O'Leary, Hugh Byrne, Fiona Lyng

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Cervical cancer is the third most common cancer affecting women worldwide. The mortality associated with cervical cancer can, however, be significantly reduced if the disease is detected at the pre-malignant stage. The aim of this study was to evaluate the potential of Raman microspectroscopy for elucidation of the biochemical changes associated with the pre-malignant stages of cervical cancer. Formalin fixed paraffin preserved tissue sections from cervical biopsies classified as negative for intraepithelial lesion and malignancy (NILM), low grade squamous intraepithelial lesion (LSIL) or high grade squamous intraepithelial lesion (HSIL) were analysed by Raman spectral mapping. Raman mapping, with K-Means Cluster …

The Progressive Development Of Turbulence Statistics And Its Impact On Wind Power Predictability, Thomas Woolmington, Keith Sunderland, Jonathan Blackledge, Michael Conlon

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Wind resource assessment is a critical parameter in a diverse range of considerations within the built environment. Engineers and scientists, engaging in building design, energy conservation/application and air-quality/air-pollution control measures, need to be cognisant of how the associated wind resource imposes increased complexities in their design and modelling processes. In this regard, the morphological heterogeneities within these environments, present significant challenges to quantifying the resource and its turbulent characteristics.

This paper presents three aspects of turbulence assessment within the built environment. Firstly, an analysis of how turbulence is currently quantified is considered. The industry standard, Turbulent Intensity (TI) is compared …

Numerical Simulations Of In Vitro Nanoparticle Toxicity – The Case Of Poly(Amido Amine) Dendrimers., Marcus Maher, Pratap Naha, Sourav Prasanna Mukherjee, Hugh Byrne

Articles

A phenomenological rate equation model is constructed to numerically simulate nanoparticle uptake and subsequent cellular response. Polyamidoamine dendrimers (generations 4-6) are modelled and the temporal evolution of the intracellular cascade of; increased levels of reactive oxygen species, intracellular antioxidant species, caspase activation, mitochondrial membrane potential decay, tumour necrosis factor and interleukin generation is simulated, based on experimental observations.

The dose and generation dependence of several of these response factors are seen to well represent experimental observations at a range of time points. The model indicates that variations between responses of different cell-lines, including murine macrophages, human keratinocytes and colon cells, …

Surface Enhanced Raman Scattering With Gold Nanoparticles: Effect Of Particle Shape, Furong Tian, Franck Bonnier, Alan Casey, Anne Shanahan, Hugh Byrne

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The dependence of the Surface Enhanced Raman Scattering (SERS) by gold nanoparticles on their shape is examined using the organic dye, rhodamine 6G (R6G) as probe molecule. SERS has been explored extensively for applications in sensing and imaging, but the design and optimisation of efficient substrates is still challenging. In order to understand and optimise the SERS process in nanoparticles, gold nanospheres and their aggregates, nanotriangles, and nanostars of similar dimensions were synthesised and characterised according to their average size, zeta potential and UV/visible absorption. SERS from R6G was negligible for unaggregated nanospheres at 532 nm, close to the maximum …

Measuring Political Brand Equity In Ireland', Ewan Mcdonald, Roger Sherlock, John Hogan

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This article will apply cognitive mapping techniques to understand the manner in which political brand equity is formed, and how it differs, across the four largest Irish political parties, from the perspective of citizens. It assesses the fundamental aspects of branding and brand equity in the marketing and political marketing literatures. Primary data were generated in spring 2012 through the participation of 232 citizens in the political brand elicitation stage and a further 75 citizens were involved in creating cognitive maps of brand equity. From the mapping process, we see that Irish political party brands are plagued by a number …

Sharing The Necessary And Proper Clause, William Baude

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No abstract provided.

Spelt, Dermot Seberry

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Printed Triple-Band Circularly Polarised Antenna For Wireless Systems, Xiulong Bao, Max Ammann

Articles

A triple-band circularly polarised microstrip patch antenna operating in the 2.4, 3.5 and 5.7 GHz bands is presented. The antenna consists of two substrate layers with an electromagnetically coupled low-band patch in the middle layer and a probe-fed dual-band patch on the top layer. The impedance bandwidths (voltage standing wave ratio (VSWR) < 2.5) for the three frequency bands are 112, 118 and 427 MHz with 3 dB axial-ratio bandwidths of 15, 44 and 36 MHz, respectively. The peak gains across the operating bands are 4.2, 5.5 and 4 dBic, respectively.

Does The Whistleblower Protection Act Protect A Tsa Employee Who Revealed Which Commercial Flights Would Lack Air Marshals?, Richard Henry Seamon

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No abstract provided.

Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi

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No abstract provided.

Redeeming Bond?, Alison Lacroix

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No abstract provided.

Market Efficiency And The Problem Of Retail Flight, Alicia J. Davis

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In 1950, 91 % of common stock in the U.S. was owned directly by individual inves­ tors. Today, that percentage stands at only 23%. The mass exodus of retail investors and their investment dollars has negative implications not only for capital formation and investor protection, but also for market efficiency. Individual investors are often assumed to be noise traders who distort stock prices and harm market functioning. Therefore, some argue that their withdrawal from the market should be of little concern; indeed, it should be celebrated. Recent empirical evidence calls this assertion of retail noise trading into doubt, and this …

Is Federalization Of Charity Law All Bad? What States Can Learn From The Internal Revenue Code, Melanie B. Leslie

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No abstract provided.

Reputation And The Responsibility Of International Organizations, Kristina Daugirdas

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The International Law Commission’s Draft Articles on the Responsibility of International Organizations have met a sceptical response from many states, international organizations (IOs), and academics. This article explains why those Articles can nevertheless have significant practical effect. In the course of doing so, this article fills a crucial gap in the IO literature, and provides a theoretical account of why IOs comply with international law. The IO Responsibility Articles may spur IOs and their member states to prevent violations and to address violations promptly if they do occur. The key mechanism for realizing these effects is transnational discourse among both …

Can The Use Of Online Learning And Reflective Journals Improve Students’ Performance And Engage Them In Independent Learning For A Practically Taught “Timber Jointing Module, Jennifer Byrne

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The Technological University Dublin is one of the largest multi-level higher education providers in Ireland. The Institute’s traditional mission has always been focused on teaching and learning in the field of advanced technical vocational education and training (TVET), and one of its agendas is to foster and encourage changes in teaching practice and methodology in order to enhance the student learning experience.

This research concerned the performance levels of first year students of the Timber Product Technology (TPT) programme. I wanted to investigate whether the use of independent online learning and reflective journals would encourage these students to continue their …

Expanding The Role Of Homework Assignments, Henry Etlinger

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Homework offers instructors opportunities to help student develop soft skills. With a little bit of work, we can expand on traditional uses for homework to include opportunities for students to reflect on exams or to evaluate both their own contributions as well as those of other team members on group projects.

Why I Love : The Tunnel (1948) By Ernesto Sábato, Eamon Maher

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An existentialist classic not unlike Camus' The Outsider, this compelling read drills ever deeper into the dark recesses of a tortured artist's unrepentant soul.

Case Study Two: Jewish Time Jump: New York, Owen Gottlieb

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Gottlieb presents an early case study of his mobile augmented reality game Jewish Time Jump: New York design on the ARIS platform for the iPhone and iPad (iOS). The game is set on-location in Washington Square Park in New York city. Players in 5th-7th grade take on the role of time-traveling reporters, landing on site on the eve of the Uprising of 20,000, the largest women-led strike in U.S. History. Based on their GPS location they receive media from over 100 years in the past, interactive with digital characters as they work to gather a story for the fictional Jewish …

Reflections On The 'New Wave' Inversions And Notice 2014-52, Reuven S. Avi-Yonah

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On September 22 the Treasury Department issued Notice 2014-52, 2014-42 IRB 1. The notice was intended to fulfill President Obama’s pledge to use executive actions to the extent possible to block the new wave of corporate inversions. To what extent can the notice succeed? This article argues that while the notice is a useful first step, it is unlikely to stem the tide of inversion transactions. To do that, legislative action is needed in the short term. In the longer term, the only solution to inversions is coordination with other OECD countries in the context of the base erosion and …

Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely

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No abstract provided.

Forcings, Lee Anne Fennell

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No abstract provided.