Digital Commons Network^™

Beyond Carve-Outs And Toward Reliance: A Normative Framework For Cross-Border Insolvency Choice Of Law, John A. E. Pottow

Articles

The title of this Article purports to develop a normative framework for cross-border insolvency choice of law. That can be a task of varying scope, so at the outset any pretense of ambition for a wholly new choice of law model should be dispelled. Indeed, at the most generalized level, bankruptcy choice of law theory has already been fully ventilated in the well-rehearsed universalism versus territorialism debates. And it has been settled. The universalists, at least as a normative matter, appear to have won: choice of law, as it is increasingly accepted, should be determined by the debtor's center of …

Dressing Method And Quadratic Bundles Related To Symmetric Spaces: Vanishing Boundary Conditions, Tihomir Valchev

Articles

We consider quadratic bundles related to Hermitian symmetric spaces of the type SU(m+n)/S(U(m) x U(n)). The simplest representative of the corresponding integrable hierarchy is given by a multi-component Kaup-Newell derivative nonlinear Schroedinger equation which serves as a motivational example for our general considerations. We extensively discuss how one can apply Zakharov-Shabat's dressing procedure to derive reflectionless potentials obeying zero boundary conditions. Those could be used for one to construct fast decaying solutions to any nonlinear equation belonging to the same hierarchy. One can distinguish between generic soliton type solutions and rational solutions.

An Assessment Of The Energy Generation Potential Of Photovoltaic Systems In Cameroon Using Satellite-Derived Solar Radiation Datasets, Lacour Ayompe, Aidan Duffy

Articles

Cameroon like most developing countries does not have a reliable network of surface observation stations for collecting weather data. This has been a major drawback for accurate assessment of the energy generation potential of photovoltaic systems in Cameroon. A viable alternative is to obtain site-specific solar irradiation from satellite-derived datasets. In this paper, the energy output, capacity factor and performance ratio of photovoltaic systems in 33 locations spread around ten regions in Cameroon have been evaluated using monthly average daily global horizontal solar irradiation from long-term satellitederived data available in Solar GIS software. An economic assessment revealed that a simple …

Arguing On The Side Of Culture, Debra Chopp, Robert Ortega, Frank E. Vandervort

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Human service professions are increasingly acknowledging the ubiquitous role of culture in the human experience. This is evidenced in professional codes of ethics, professional school accreditation standards, licensing, and in some cases through state statutes regarding professional codes of conduct. Across professions, concerted efforts are being made to infuse standards of culturally responsive practice into curricular content and training. For example, instruction on cultural competence is expected in business and medical education.1 Psychology and social work both require their professionals to exercise cultural competence. When it comes to cultural competence/ though, the legal codes of ethics and professional practice are …

Overcoming Fear : Catholicism In The Work Of Michael Harding, Eamon Maher

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No abstract provided.

Culinary Internship And The European Mobility Action Plan Part Two: Towards An Understanding Of The Culinary Life And Internship, Frank Cullen

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In the context of the paper, the role of part two is to provide an overview of culinary life and of the many celebrated chefs who travelled to gain culinary experience before Erasmus funding was available for internship. I also use this paper to provide a synopsis of kitchen systems and present a review of studies related to internship. I attempt to provide some insight into internship and culinary practice in order to augment the understanding of culinary internship. This paper commences with a short review of Georges Auguste Escoffier, one of the most celebrated chefs of all time and …

Culinary Internship And The European Mobility Action Plan: Part One, Frank Cullen

Articles

International mobility for work placement has experienced exponential growth over the past five years with the assistance of European Leonardo da Vinci and Erasmus funding for European internships. The main purpose behind the European Commission funding ventures for internship (experiential learning) is to enhance the students’ cultural awareness, cultivate their language skills and develop their professionalism in their field of study. It is generally accepted that experiential learning in the workplace provides many learning opportunities for students (Billett, 2001:121, Fuller and Unwin, 2003, Guile and Griffiths, 2001, Cullen, 2010a, Cullen, 2010b, Kristensen, 2004). In spite of acceptance that experiential learning …

Electrochemical Techniques For Subsecond Neurotransmitter Detection In Live Rodents., Kevin N Hascup, Erin R Hascup

Articles

Alterations in neurotransmission have been implicated in numerous neurodegenerative and neuropsychiatric disorders, including Alzheimer disease, Parkinson disease, epilepsy, and schizophrenia. Unfortunately, few techniques support the measurement of real-time changes in neurotransmitter levels over multiple days, as is essential for ethologic and pharmacodynamic testing. Microdialysis is commonly used for these research paradigms, but its poor temporal and spatial resolution make this technique inadequate for measuring the rapid dynamics (milliseconds to seconds) of fast signaling neurotransmitters, such as glutamate and acetylcholine. Enzymatic microelectrode arrays (biosensors) coupled with electrochemical recording techniques have demonstrated fast temporal resolution (less than 1 s), excellent spatial resolution …

Resolution-Enhanced All-Optical Analog-To-Digital Converter Employing Cascade Optical Quantization Operation, Zhe Kang, Xianting Zhang, Jinhui Yuan, Xinzhu Sang, Qiang Wu

Articles

In this paper, a cascade optical quantization scheme is proposed to realize all-optical analog-to-digital converter with efficiently enhanced quantization resolution and achievable high analog bandwidth of larger than 20 GHz. Employing the cascade structure of an unbalanced Mach-zehnder modulator and a specially designed optical directional coupler, we predict the enhancement of number-of-bits can be up to 1.59-bit. Simulation results show that a 25 GHz RF signal is efficiently digitalized with the signal-tonoise ratio of 33.58 dB and effective-number-of-bits of 5.28-bit.

A Soft Condensed Matter Approach Towards Mathematical Modelling Of Mass Transport And Swelling In Food Grains, Michael Chapwanya, N. Misra

Articles

Soft condensed matter (SCM) physics has recently gained importance for a large class of engineering materials. The treatment of food materials from a soft matter perspective, however, is only at the surface and is gaining importance for understanding the complex phenomena and structure of foods. In this work, we present a theoretical treatment of navy beans from a SCM perspective to describe the hydration kinetics. We solve the transport equations within a porous matrix and employ the Flory–Huggin’s equation for polymer–solvent mixture to balance the osmotic pressure. The swelling of the legume seed is modelled as a moving boundary with …

Trial And Settlement: A Study Of High-Low Agreements, J. J. Prescott, Kathryn E. Spier, Albert Yoon

Articles

This article presents the first systematic theoretical and empirical study of highlow agreements in civil litigation. A high-low agreement is a private contract that, if signed by litigants before trial, constrains any plaintiff’s recovery to a specified range. In our theoretical model, trial is both costly and risky. When litigants have divergent subjective beliefs and are mutually optimistic about their trial prospects, cases may fail to settle. In these cases, high-low agreements can be in litigants’ mutual interest because they limit the risk of outlier awards while still allowing mutually beneficial speculation. Using claims data from a national insurance company, …

One-Dimensional Weakly Nonlinear Model Equations For Rossby Waves, David Henry, Rossen Ivanov

Articles

In this study we explore several possibilities for modelling weakly nonlinear Rossby waves in fluid of constant depth, which propagate predominantly in one direction. The model equations obtained include the BBM equation, as well as the integrable KdV and Degasperis-Procesi equations.

An Off-Label Use Of Parental Rights? The Unanticipated Doctrinal Antidote For Professor Mnookin's Diagnosis, Emily Buss

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No abstract provided.

Back To The Basics Of Erie, Diane P. Wood

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No abstract provided.

Constitutional Outliers, Justin Driver

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No abstract provided.

Noise Reduction: The Screening Value Of Qui Tam, Anthony Casey, Anthony Niblett

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No abstract provided.

Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Dawood I. Ahmed, Tom Ginsburg

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No abstract provided.

Supplying Compliance: Why And When The Us Complies With Wto Rulings, Adam S. Chilton, Rachel Brewster

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No abstract provided.

Gideon V. Wainwright--From A 1963 Perspective, Jerold H. Israel

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Gideon v. Wainwright is more than a “landmark” Supreme Court ruling in the field of constitutional criminal procedure. As evidenced by the range of celebrators of Gideon’s Fiftieth Anniversary (extending far beyond the legal academy) and Gideon’s inclusion in the basic coverage of high school government courses, Gideon today is an icon of the American justice system. I have no quarrel with that iconic status, but I certainly did not see any such potential in Gideon when I analyzed the Court’s ruling shortly after it was announced in March of 1963. I had previously agreed to write an article for …

The Creeping Federalization Of Wealth-Transfer Law, Lawrence W. Waggoner

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This article appears in a symposium issue published by the Vanderbilt Law Review on The Role of Federal Law in Private Wealth Transfer. Federal authorities have little experience in making law that governs wealth transfers, because that function is traditionally within the province of state law. Although state wealth-transfer law has undergone significant modernization over the last few decades, all three branches of the federal government—legislative, judicial, and executive—have increasingly gone their own way. Lack of experience and, in many cases, lack of knowledge on the part of federal authorities have not dissuaded them from undermining well-considered state law. The …

The International Law Commission Reinvents Itself?, Kristina Daugirdas

Articles

For most of its history, the International Law Commission has been in the business of producing draft articles. Yet, Sean Murphy’s coverage of the Commission’s sixty-fifth session reveals that the Commission has decisively turned away from this format. As Jacob Katz Cogan’s earlier post observes, the Commission is demonstrating a new-found preference for outputs that are explicitly non-binding and betray no aspiration to form the basis for multilateral treaties. The Commission’s embrace of alternative formats is a promising response to some of the risks and criticisms associated with producing draft articles. But it is also an incomplete response. To ensure …

Bacteria On Shared Mobile Phones Can Lead To Infections, Roberta Basol, Jean Beckel, Judy Gilsdorf-Gracie, Amy Hilleren-Listerud, Terri Mccaffrey, Sherri Reischl, Pamela Rickbeil, Mary Schimnich, Kirsten Skillings, Mary A. Struffert

Articles

It's now a common practice for hospital-owned mobile phones to be shared among healthcare employees from shift to shift. Despite the benefit of increased, timely communication between caregivers, sharing mobile devices can lead to the spread of healthcare-associated infections (HAIs) if they aren't properly disinfected. The Guidelines for Disinfection and Sterilization in Healthcare Facilities describe "non-critical environmental surfaces" as items that are frequently touched by the hand and may pose a risk of secondary infection transmission.

The Supreme Court's Civil Assault On Civil Procedure, Alexander A. Reinert

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The article critiques the Supreme Court's shift from notice pleading to plausibility pleading, introduced by *Ashcroft v. Iqbal* and *Bell Atlantic v. Twombly*, arguing that this change has harmed civil rights plaintiffs and created significant legal and practical challenges. The author contends that plausibility pleading is both legally unsound and practically problematic, as it increases dismissal rates without improving case quality. The article advocates for overruling these decisions, asserting that the Court should revisit the issue due to the doctrine's inconsistent application and its adverse impact on access to justice.

Operation Arbitration: Privatizing Medical Malpractice Claims, Myriam E. Gilles

Articles

Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all "contract[s] evincing a transaction involving commerce, " including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness …

Food Deprivation: A Basis For Refugee Status?, James C. Hathaway

Articles

It is commonplace to speak of those in flight from famine, or otherwise migrating in search of food, as “refugees.” Over the past decade alone, millions of persons have abandoned their homes in countries such as North Korea, Sudan, Ethiopia, Congo, and Somalia, hoping that by moving they could find the nourishment needed to survive. In a colloquial sense, these people are refugees: they are on the move not by choice, but rather because their own desperation compels them to pursue a survival strategy away from the desperation confronting their home communities.

The question addressed here is whether persons in …

The Use And Abuse Of Precedent In Labor And Employment Arbitration, Theodore J. St. Antoine

Articles

As he did so often with legal problems, Oliver Wendell Holmes put his finger on the key to the problem of precedent with a memorable assertion. Said he: "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV." Notice that Holmes did not say it is a bad thing for a rule to have an ancient lineage. The question is whether the rule that may have made sense when Henry IV reigned, or when the Wagner Act was passed, has stood the test of …

The Intersection Of Family Law And Education Law, Debra Chopp

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It is well-established that parents have a fundamental liberty interest in directing the education of their children. As family law practitioners know, however, parents do not always agree with each other on matters pertaining to their child's education. Where education issues arise in family law cases, it is important for members of the family law bar to have familiarity with education laws so that they may properly advise their clients. This article will identify and briefly discuss common intersections of family law and education law.

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert

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Courts and legislatures often conflate merit-less and frivolous cases when balancing the desire to keep courthouse doors open to novel or unlikely claims against the concern that entertaining ultimately unsuccessful litigation will prove too costly for courts and defendants. Recently, significant procedural and substantive barriers to civil litigation have been informed by judicial and legislative assumptions about the costs of entertaining merit-less and frivolous litigation. The prevailing wisdom is that eliminating merit-less and frivolous claims as early in a case’s trajectory as possible will focus scarce resources on the truly meritorious cases, thereby ensuring that available remedies are properly distributed …

Investigation Of Membrane Mechanics Using Spring Networks: Application To Red-Blood-Cell Modelling, Mingzhu Chen, Fergal Boyle

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In recent years a number of red-blood-cell (RBC) models have been proposed using spring networks to represent the RBC membrane. Some results predicted by these models agree well with experimental measurements. How- ever, the suitability of these membrane models has been questioned. The RBC membrane, like a continuum mem- brane, is mechanically isotropic throughout its surface, but the mechanical properties of a spring network vary on the network surface and change with deformation. In this work spring-network mechanics are investigated in large deformation for the first time via an assessment of the effect of network parameters, i.e. network mesh, spring …

State-Of-The-Art Of Metamaterials: Characterization, Realization And Applications, Giuseppe Ruvio, Giovanni Leone

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Metamaterials is a large family of microwave structures that produces interesting ε and μ conditions with huge implications for numerous electromagnetic applications. Following a description of modern techniques to realize epsilon-negative, mu-negative and double-negative metamaterials, this paper explores recent literature on the use of metamaterials in hot research areas such as metamaterial-inspired microwave components, antenna applications and imaging. This contribution is meant to provide an updated overview of complex microwave engineering for the generation of different types of metamaterials and their application in topical electromagnetic scenarios.