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Articles 8521 - 8550 of 20085
Full-Text Articles in Entire DC Network
Jury Size And The Hung-Jury Paradox, Francesco Parisi, Barbara Luppi
Jury Size And The Hung-Jury Paradox, Francesco Parisi, Barbara Luppi
Articles
Juries are a fundamental element of the criminal justice system. In this article, we model jury decision making as a function of two institutional variables: jury size and voting requirement. We expose the critical interdependence of these two elements in minimizing the probabilities of wrongful convictions, of wrongful acquittals, and of hung juries. We find that the use of either large nonunanimous juries or small unanimous juries offers alternative ways to maximize the accuracy of verdicts while preserving the functionality of juries. Our framework, which lends support to the elimination of the unanimity requirement in the presence of large juries, …
Erie's Starting Points: The Potential Role Of Default Rules In Structuring Choice Of Law Analysis, Allan Erbsen
Erie's Starting Points: The Potential Role Of Default Rules In Structuring Choice Of Law Analysis, Allan Erbsen
Articles
This contribution to a symposium marking the seventy-fifth anniversary of Erie Railroad Company v. Tompkins is part of a larger project in which I seek to demystify a decision that has enchanted, entangled, and enervated commentators for decades. In prior work I contended that the “Erie doctrine” is a misleading label encompassing four distinct inquiries that address the creation, interpretation, and prioritization of federal law and the adoption of state law when federal law is inapplicable. This article builds from that premise to argue that courts pursuing Erie’s four inquiries would benefit from default rules that establish initial assumptions and …
Litigation's Regulatory Pathways And The Administrative State: Lessons From U.S. And Australian Climate Change Governance, Hari Osofsky, Jacqueline Peel
Litigation's Regulatory Pathways And The Administrative State: Lessons From U.S. And Australian Climate Change Governance, Hari Osofsky, Jacqueline Peel
Articles
The administrative state struggles to address massive, complex problems such as ameliorating the financial crisis, preventing terrorism, or responding to climate change. These problems cut across levels of government — local, state, national, international — and substantive areas of law. Yet our governance structures, for the most part, are not designed to deal well with issues that involve multiple types of governance authority and institutions. A burgeoning literature by leading U.S. scholars describes this problem and proposes solutions. These analyses often include some case law, but their primary focus has been on the legislative and executive branches in the United …
Uv And Visible Light Activated Tio2 Photocatalysis Of 6-Hydroxymethyluracil, A Model Compound For The Potent Cyanotoxin Cylindrospermopsin, Cen Zhao, Miquel Pelaez, Dionysios Dionysiou, Suresh Pillai, John Byrne, Kevin O'Shea
Uv And Visible Light Activated Tio2 Photocatalysis Of 6-Hydroxymethyluracil, A Model Compound For The Potent Cyanotoxin Cylindrospermopsin, Cen Zhao, Miquel Pelaez, Dionysios Dionysiou, Suresh Pillai, John Byrne, Kevin O'Shea
Articles
TiO2 photocatalyses of 6-hydroxymethyl uracil (6-HOMU) a model compound for the potent cyanotoxin, cylindrospermopsin (CYN), were carried out employing visible and UV irradiation using different non-metal doped TiO2 materials, nitrogen and fluorine-TiO2 (NF-TiO2), phosphorus and fluorine-TiO2 (PF-TiO2) and sulfur-TiO2 (S-TiO2). The model compound was readily degraded under UV TiO2 photocatalysis with pseudo-first-order rate constants (k) of 2.1, 1.0, and 0.44 h−1 for NF-TiO2, PF-TiO2 and S-TiO2, respectively. Under visible light activated (VLA), NF-TiO2 was the most active photocatalyst, PF-TiO …
Formation And Stability Of An Oil In Water Emulsion Containing Lecithin, Xanthan Gum And Sunflower Oil, Mark Traynor, Roisin Burke, Jesus Maria Frias, Edurne Gaston, Catherine Barry-Ryan
Formation And Stability Of An Oil In Water Emulsion Containing Lecithin, Xanthan Gum And Sunflower Oil, Mark Traynor, Roisin Burke, Jesus Maria Frias, Edurne Gaston, Catherine Barry-Ryan
Articles
The optimisation of the formation and stability of an oil in water emulsion containing lecithin, xanthan gum and sunflower oil was evaluated using Response Surface Methodology (RSM) and nonlinear regression. The main and combined effects of three independent variables; concentration of sunflower oil (10-20% v/v), soy lecithin (1-5% w/v) and xanthan gum (0.01-3% w/v) on the responses were examined. The main objectives of the study were to model and optimise maximum emulsion storage stability and to study interactive effects of emulsion ingredient. Emulsion stability and mean droplet diameter were measured over 14 days of storage using an image processing procedure …
Knight's Tours On 3 X N Chessboards With A Single Square Removed, Amanda M. Miller, David L. Farnsworth
Knight's Tours On 3 X N Chessboards With A Single Square Removed, Amanda M. Miller, David L. Farnsworth
Articles
The following theorem is proved: A knight’s tour exists on all 3 x n chessboards with one square removed unless: n is even, the removed square is (i, j) with i + j odd, n = 3 when any square other than the center square is removed, n = 5, n = 7 when any square other than square (2, 2) or (2, 6) is removed, n = 9 when square (1, 3), (3, 3), (1, 7), (3, 7), (2, 4), (2, 6), (2, 2), or (2, 8) is removed, or n = 11 when square (1, 3), (2, 4), …
Model For Interdisciplinary Collaboration In Packaging Design, Lorrie Frear, Alex Lobos, Sandra Turner
Model For Interdisciplinary Collaboration In Packaging Design, Lorrie Frear, Alex Lobos, Sandra Turner
Articles
This paper explores a studio course in packaging design within Rochester Institute of Technology, which touches on three key elements: First, the course is designed as an interdisciplinary studio comprised of fourth year and graduate students in graphic design, industrial design and packaging science, allowing them to refine skills in their own disciplines while expanding their breadth in other methods of thinking. This model, commonly called “T-shape” profile, is crucial in today’s professional practice (Design Council 2006). Second, the course involves a Fortune 500 company sponsor, who challenges students to develop packaging solutions in an internal design competition. While collaborations …
Data Mining And Machine Learning Techniques For Extracting Patterns In Students’ Evaluations Of Instructors, Ernest Fokoue, Necla Gündüz
Data Mining And Machine Learning Techniques For Extracting Patterns In Students’ Evaluations Of Instructors, Ernest Fokoue, Necla Gündüz
Articles
No abstract provided.
Monitoring, Reporting, And Recalling Defective Financial Products, Daniel Schwarcz
Monitoring, Reporting, And Recalling Defective Financial Products, Daniel Schwarcz
Articles
In recent years, innovations in consumer financial protection have drawn heavily from the law governing the safety of tangible products. This short essay, prepared for a symposium entitled Frontiers of Consumer Protection, extends this approach by evaluating whether the law governing post-sale product safety for tangible consumer products offers potential lessons for consumer financial protection. In particular, it considers the extent to which the law could require providers of consumer financial products to affirmatively monitor, report or correct regulatory problems with their products that come to light after sale. Such post-sale self-policing by financial firms could offer benefits similar to …
Neuroscience, Mental Privacy, And The Law, Francis X. Shen
Neuroscience, Mental Privacy, And The Law, Francis X. Shen
Articles
Will brain science be used by the government to access the most private of spaces — our minds — against our wills? Such scientific tools would have tremendous privacy implications if the government suddenly used brain science to more effectively read minds during police interrogations, criminal trials, and even routine traffic stops. Pundits and scholars alike have thus explored the constitutional protections that citizens, defendants, and witnesses would require to be safe from such mind searching. Future-oriented thinking about where brain science may lead us can make for great entertainment and can also be useful for forward-thinking policy development. But …
Confusion Isn't Everything, William Mcgeveran, Mark P. Mckenna
Confusion Isn't Everything, William Mcgeveran, Mark P. Mckenna
Articles
The typical shorthand justification for trademark rights centers on avoiding consumer confusion. But in truth, this encapsulation mistakes a method for a purpose: confusion merely serves as an indicator of the underlying problems that trademark law seeks to prevent. Other areas of law accept confusion or mistake of all kinds, intervening only when those errors lead to more serious harms. Likewise, every theory of trademark rights considers confusion troubling solely because it threatens more fundamental values such as fair competition or informative communication. In other words, when it comes to the deep purposes of trademark law, confusion isn’t everything. Yet …
Free Speech Aboard The Leaky Ship Of State: Calibrating First Amendment Protections For Leakers Of Classified Information, Heidi Kitrosser
Free Speech Aboard The Leaky Ship Of State: Calibrating First Amendment Protections For Leakers Of Classified Information, Heidi Kitrosser
Articles
The Obama Administration has initiated six prosecutions of government employees for leaking classified information. This is double the number of prosecutions brought by all previous administrations combined. The rise in prosecutions, coupled with other developments – most notably a series of disclosures from the website wikileaks – has brought a renewed focus to the first amendment status of classified information and those who disseminate it. Most of the attention and concern, however, has centered on the protections due non-governmental third parties who publish information that is leaked to them. When their attention turns to leakers, commentators most often argue or …
An Empirical Analysis Of Case Outcomes Under The Ada Amendments Act, Stephen F. Befort
An Empirical Analysis Of Case Outcomes Under The Ada Amendments Act, Stephen F. Befort
Articles
Congress enacted the ADA Amendments Act (ADAAA) in order to override four Supreme Court decisions that had narrowly restricted the scope of those protected by the Americans with Disabilities Act (ADA) and to provide "a national mandate for the elimination of discrimination." This article undertakes an empirical examination of the impact of the ADAA on case outcomes. The recent reported cases provide a unique opportunity for such an examination since, with the ADAAA not retroactively applicable to cases pending prior to its effective date, courts have been simultaneously deciding cases under both the pre-amendment and post-amendment standards. This study examines …
The End Of Men Or The Rebirth Of Class?, June Carbone, Naomi Cahn
The End Of Men Or The Rebirth Of Class?, June Carbone, Naomi Cahn
Articles
This article argues that much of what has been described as “the end of men” is in fact the recreation of class. Greater inequality among men and among women has resurrected class differences and changed the way men and women relate to each other and channel resources to their children. While women have in fact gained ground in the workplace and acquired greater ability to live, work, play and raise children without men, a mere relative move towards sex equality only masks the more fundamental changes occurring in American society and the continuing existence of patriarchy. First, the improved freedom …
Who's The Father?, Naomi Cahn, June Carbone
Who's The Father?, Naomi Cahn, June Carbone
Articles
As this brief online essay observes, the litigation that produced the Supreme Court 2013 decision in Adoptive Couple v. Baby Girl demonstrates why we are no closer to a definitive resolution of what to do when parents do not share assumptions about how to raise their child. The case illustrates the national lack of agreement on what makes someone a parent. At the core of these differences is the question of how to align parental behavior with the promotion of the child’s interest in stable and secure relationships.
The Gender/Class Divide: Reproduction, Privilege, And The Workplace, June Carbone, Naomi Cahn
The Gender/Class Divide: Reproduction, Privilege, And The Workplace, June Carbone, Naomi Cahn
Articles
This article evaluates the relationship between workplace equality and the technology of egg freezing, which allows women to “bank” their eggs until they are ready to use them. As the workplace increasingly rewards education and career investment, middle class women postpone family formation until they have attained a measure of financial security and the maturity to balance dual earner arrangements. Yet, as they age, their reproductive potential diminishes dramatically. By contrast, women who do not complete college (and aren’t even thinking about graduate school) bear children at different times in their life cycles, with less leverage with employers, and different …
Women's Exclusion From The Constitutional Canon, Jill Elaine Hasday
Women's Exclusion From The Constitutional Canon, Jill Elaine Hasday
Articles
This Essay asks why sex equality is outside the constitutional canon. While race discrimination is a canonical concern of constitutional law, the story of America’s struggles over and against sex discrimination is not widely taken to be a central, organizing part of our constitutional tradition — a defining narrative that exemplifies and expresses the nation’s foundational values and commitments. I offer three potential explanations for the exclusion of sex equality from the constitutional canon. First, the Supreme Court’s jurisprudence developed in ways that suggested that sex discrimination was not a core constitutional problem and concern, especially when compared to race …
Limits Of Disclosure, Steven Davidoff Solomon, Claire Hill
Limits Of Disclosure, Steven Davidoff Solomon, Claire Hill
Articles
Disclosure has its limits. One big focus of attention, criticism, and proposals for reform in the aftermath of the 2008 financial crisis has been securities disclosure. But most of the criticisms of disclosure relate to retail investors. The securities at issue in the crisis were mostly sold to sophisticated institutions. Whatever retail investors’ shortcomings may be, we would expect sophisticated investors to make well-informed investment decisions. But many sophisticated investors appear to have made investment decisions without making much use of the disclosure. We discuss another example where disclosure did not work as intended: executive compensation. The theory behind more …
Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman
Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman
Articles
U.S. energy law and the scholarship analyzing it are deeply fragmented. Each source of energy has a distinct legal regime, and limited federal regulation in some areas has resulted in divergent state and local approaches to regulation. Much of the existing energy law literature reflects these substantive and structural divisions, and focuses on particular aspects of the energy system and associated federalism disputes. However, in order to meet modern energy challenges — such as reducing risks from deepwater drilling and hydraulic fracturing, maintaining the reliability of the electricity grid in this period of rapid technological change, and producing cleaner energy …
Reining In Remedies In Patent Litigation: Three (Increasingly Immodest) Proposals, Thomas F. Cotter
Reining In Remedies In Patent Litigation: Three (Increasingly Immodest) Proposals, Thomas F. Cotter
Articles
This essay, which builds on my recent work on the law and economics of comparative patent remedies, presents three proposals relating to the enforcement of domestic patent rights. The first, which may be close to being adopted in the United States, is for the courts and the International Trade Commission (ITC) to adopt a general presumption, grounded in patent law and policy, that patent owners who have committed to license their standard essential patents (SEPs) on fair, reasonable, and nondiscriminatory terms are not entitled to permanent injunctions or exclusion orders, but rather only to a damages in the form of …
U.K. Refugee Lawyers: Pushing The Boundaries Of Domestic Court Acceptance Of International Human Rights Law, Stephen Meili
U.K. Refugee Lawyers: Pushing The Boundaries Of Domestic Court Acceptance Of International Human Rights Law, Stephen Meili
Articles
This Article analyzes how refugee lawyers in the United Kingdom navigate the tension between state power and international norms. Based on interviews with lawyers representing persons seeking asylum and other forms of refugee protection in the United Kingdom, the Article reveals how these lawyers successfully utilize international human rights treaties on behalf of their clients despite domestic policies making it more difficult for refugees to assert their rights. The Article argues that U.K. refugee lawyers play a critical role in the globalization struggle by encouraging state actors (in this case, the judiciary) to adhere to international norms that might otherwise …
The Triple System Of Family Law, June Carbone, Naomi Cahn
The Triple System Of Family Law, June Carbone, Naomi Cahn
Articles
The Article analyzes the role of class in family structure and family law. Building on Jacobus ten Broek’s classic articulation of a “dual system” of family law, we explore the nascent development of a parallel third system of family law. In the early sixties, ten Broek argued that family law had two parts that differ in substance, purpose, and procedure. One system focused on private arrangements and supported the families of those who were economically self-sufficient. Ten Broek maintained, however, that a parallel second system existed, one imposed on those who sought public assistance. In this second system: i) the …
Costly Mistakes: Undertaxed Business Owners And Overtaxed Workers, Mary Louise Fellows, Lily Khang
Costly Mistakes: Undertaxed Business Owners And Overtaxed Workers, Mary Louise Fellows, Lily Khang
Articles
This Article advocates fundamental changes in the federal income tax base by systematically challenging conventional understandings of consumption and investment. As signaled by its title, “Costly Mistakes,” this Article's thesis has to do with the disparate treatment of expenditures incurred by business owners and workers. Where the current tax law treats a business owner's expenditure as investment, the Article sometimes finds consumption and questions why the law should allow the expenditure to be deducted. Where the tax law treats a worker's expenditure as consumption, the Article sometimes finds investment and questions why the law does not allow at least a …
Balkan Ghosts, Patrick O. Gudridge
Chief Executive Officers In United States Hospitals: A Reexamination Of Workforce Demographics And Educational Issues, Sandra Collins, Scott Collins, Richard C. Mckinnies 4537260, Eric P. Matthews
Chief Executive Officers In United States Hospitals: A Reexamination Of Workforce Demographics And Educational Issues, Sandra Collins, Scott Collins, Richard C. Mckinnies 4537260, Eric P. Matthews
Articles
The United States Bureau of Labor Statistics (BLS) reports the “employment of medical and health services mangers is expected to grow by 22 percent from 2010-2020.”The BLS notes this is substantially faster than the national average for other occupations. Information from this report finds its way into popular media, news shows, and other information outlets which increases the number of prospective applicants to College and University Healthcare Management programs. In 2007, the authors conducted a survey of chief executive officers (CEO) in United States hospitals that sought to identify educational and demographic information of individuals holding top management positions in …
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Articles
As U.S. states and foreign nations began recognizing same-sex marriages over the last dozen years, the anti-gay definitions of "marriage" and "spouse" in Section 3 of the Defense of Marriage Act ("DOMA'') rendered those marriages invisible for immigration purposes. Thousands of U.S. citizens were left with a cruel choice between country and family: Remain alone in the United States or start anew with spouses and stepchildren abroad. Other couples did not qualify to emigrate anywhere together, leaving them no choice at all. DOMA also devastated children. Not only might they be separated from one parent, but their own immigration or …
Sol-Gel Characteristics For Corrosion Resistance Of Anodised Aluminium, Michael Whelan, John Cassidy, Brendan Duffy
Sol-Gel Characteristics For Corrosion Resistance Of Anodised Aluminium, Michael Whelan, John Cassidy, Brendan Duffy
Articles
Conventional anodising electrolytes based on sulphuric acid, oxalic acid and phosphoric acid have been used to form nanoporous layers on AA3003-H14 and sealed with silane based sol-gel sealers. It is shown that the sol-gel chemistries have varying levels of pore penetration depending on the synthesis conditions. The extent of sol-gel penetration and pore sealing is analysed by electron microscopy and energy dispersive x-ray spectroscopy. To describe the sealing phenomena observed a sol-gel penetration and sealing rating has been proposed to explain the interactions of the sol-gels with the pores of the anodised layers. The corrosion resistance of the sol-gel sealed …
Non-Cytotoxic Antibacterial Silver–Coumarin Complex Doped Sol–Gel Coatings, Swarna Jaiswal, Kunal Bhattacharya, Maeve Sullivan, Maureen Walsh, Bernadette Creaven, Fathima Laffir, Brendan Duffy, Patrick Mchale
Non-Cytotoxic Antibacterial Silver–Coumarin Complex Doped Sol–Gel Coatings, Swarna Jaiswal, Kunal Bhattacharya, Maeve Sullivan, Maureen Walsh, Bernadette Creaven, Fathima Laffir, Brendan Duffy, Patrick Mchale
Articles
Microbial colonisation on clinical and industrial surfaces is currently of global concern and silane based sol–gel coatings are being proposed as potential solutions. Sol–gels are chemically inert, stable and homogeneous and can be designed to act as a reservoir for releasing antimicrobial agents over extended time periods. In the present study, silver nitrate (AgN) and a series of silver coumarin complexes based on coumarin-3-carboxylatosilver (AgC) and it is 6,7 and 8 hydroxylated analogues (Ag6, Ag7, Ag8) were incorporated into sol–gel coatings. The comparative antibacterial activity of the coatings was determined against meticillin resistant Staphylococcus aureus (MRSA) and multidrug resistance Enterobacter …
A Novel Dual Mode Gateway For Wireless Sensor Network And Lte-A Network Convergence, Garth Crosby, Farzam Vafa
A Novel Dual Mode Gateway For Wireless Sensor Network And Lte-A Network Convergence, Garth Crosby, Farzam Vafa
Articles
In recent years, the number of machine-to-machine (M2M) networks, which do not require direct human intervention, has been increasing at a rapid pace. Meanwhile, the need for a wireless platform to control and monitor these M2M networks, one with both a vast coverage area and a low network deployment cost, continues to be unmet. Mobile cellular networks (MCNs) and wireless sensor networks (WSNs) are emerging as two heterogeneous networks that can meet the challenges of M2M communication through network convergence. In this paper, a model for network convergence between a Long Term Evolution-Advance (LTE-A) cellular network and a WSN is …
Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos
Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos
Articles
The Patient Protection and Affordable Care Act includes an individual mandate that penalizes individuals who do not purchase health insurance. Critics of the individual mandate, including a majority of justices on the Supreme Court, contend that Congress cannot use its Commerce Clause power to coerce individuals to buy a product. Supporters concede that the mandate coerces but argue that it is otherwise permissible under the Commerce Clause. This article questions whether the individual mandate coerces. It uses a simple economic model to show that, under certain conditions, the individual mandate induces insurers to sell health insurance at a price each …