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Articles 9091 - 9120 of 19933
Full-Text Articles in Entire DC Network
The Public Interest In International Arbitration, Jan Paulsson
The Public Interest In International Arbitration, Jan Paulsson
Articles
No abstract provided.
High Temperature Performance Of An Optical Microfibre Coupler And Its Potential Use As A Sensor, Pengfei Wang, Ming Ding, Gilberto Bramilla, Yuliya Semenova, Qiang Wu, Gerald Farrell
High Temperature Performance Of An Optical Microfibre Coupler And Its Potential Use As A Sensor, Pengfei Wang, Ming Ding, Gilberto Bramilla, Yuliya Semenova, Qiang Wu, Gerald Farrell
Articles
The dependence of the transmission spectrum of an optical microfibre coupler at high temperatures is investigated experimentally. Results show a temperature sensitivity up to 36.59 pm/oC at a taper waist outer diameter of 2.5 μm; such a temperature-dependent performance can be utilized for temperature sensing up to 1000oC.
Redistricting And The Territorial Community, Nicholas Stephanopoulos
Redistricting And The Territorial Community, Nicholas Stephanopoulos
Articles
As the current redistricting cycle unfolds, the courts are stuck in limbo. The Supreme Court has held unanimously that political gerrymandering can be unconstitutional- but it has also rejected every standard suggested to date for distinguishing lawful fr
Public Choice And Law's Either/Or Inclination (Reviewing Leo Katz, Why The Law Is So Perverse (2011)), Saul Levmore
Public Choice And Law's Either/Or Inclination (Reviewing Leo Katz, Why The Law Is So Perverse (2011)), Saul Levmore
Articles
No abstract provided.
Talk About Talking About Constitutional Law, Adam M. Samaha
Talk About Talking About Constitutional Law, Adam M. Samaha
Articles
Constitutional theory branches into decision theory and discourse theory. The former branch concentrates on how constitutional decisions are or should be made, the latter on how constitutional issues are or should be discussed, For its part, originalism initially was promoted as a method for resolving constitutional disagreement, but it has spread into discourse theory as well. Jack Balkin's "living originalism" illustrates this extension. This Article examines inclusive versions of originalism like Balkin's that permit many different answers to constitutional questions. The Article then suggests pathologies associated with loose constitutional discourse in general. For instance, a large domain for constitutional discourse …
Judicial Engagement With The Affordable Care Act: Why Rational Basis Analysis Falls Short, Richard A. Epstein
Judicial Engagement With The Affordable Care Act: Why Rational Basis Analysis Falls Short, Richard A. Epstein
Articles
No abstract provided.
Legitimacy, 'Constitutional Patriotism,' And The Common Law Constitution, David A. Strauss
Legitimacy, 'Constitutional Patriotism,' And The Common Law Constitution, David A. Strauss
Articles
No abstract provided.
Congressional Will And The Role Of The Executive In Bivens Actions: What Is Special About Special Factors?, Anya Bernstein
Congressional Will And The Role Of The Executive In Bivens Actions: What Is Special About Special Factors?, Anya Bernstein
Articles
No abstract provided.
Better Mistakes In Patent Law, Andres Sawicki
Better Mistakes In Patent Law, Andres Sawicki
Articles
This Article analyzes patent mistakes-that is, mistakes made by the patent system when it decides whether a particular invention has met the patentability requirements. These mistakes are inevitable. Given resource constraints, some might even be desirable. This Article evaluates the relative costs of patent mistakes, so that we can make better ones. Three characteristics drive the costs of mistakes: their type (false positive or false negative), timing (early or late), and doctrinal basis (utility, novelty, nonobviousness, and so on). These characteristics make some mistakes more troubling than others. This Article compares the costs of making mistakes of different types, at …
Attorney General Bradford’S Opinion And The Alien Tort Statute, Curtis A. Bradley
Attorney General Bradford’S Opinion And The Alien Tort Statute, Curtis A. Bradley
Articles
In debates over the scope of the Alien Tort Statute (ATS), one historical document has played an especially prominent role. That document is a short opinion by U.S. Attorney General William Bradford, issued in the summer of 1795, concerning the involvement of U.S. citizens in an attack by a French fleet on a British colony in Sierra Leone.1 In the opinion, Bradford concluded that “[s]o far . . . as the transactions complained of originated or took place in a foreign country, they are not within the cognizance of our courts; nor can the actors be legally prosecuted or …
The Duke Project On Custom And Law, Curtis A. Bradley, Mitu Gulati
The Duke Project On Custom And Law, Curtis A. Bradley, Mitu Gulati
Articles
No abstract provided.
The Earned Income Tax Credit, Low-Income Workers, And The Legal Aid Community, Adam S. Chilton, Jonathan P. Schneller, Joshua L. Boehm
The Earned Income Tax Credit, Low-Income Workers, And The Legal Aid Community, Adam S. Chilton, Jonathan P. Schneller, Joshua L. Boehm
Articles
The Earned Income Tax Credit ("EITC") is the largest US. welfare program, with twenty-four million low-income Americans receiving $60 billion of disbursals in 2009. Through the EITC, working Americans with little or no tax liability can receive up to nearly $6, 000 in refundable tax credits each year. Over the past two decades, policymakers have increasingly favored the EITC over direct-transfer welfare programs, citing its lower administrative expense (as recipients "self-certify" by filing taxes) and incentives for recipients to work. Despite its political appeal, the EITC suffers deep structural flaws. Largely because EITC claimants have little guidance in navigating the …
Cognitive Warfare And Young Black Males In America, Perry L. Moriearty, William Carson
Cognitive Warfare And Young Black Males In America, Perry L. Moriearty, William Carson
Articles
The result was a veritable feedback loop whose cognitive output, the mental imprint of "morally impoverished" "super- predators,"14 continually fed its input. [...]even as crime rates among black youth have dropped steadily since the mid-1990s, these selfreinforcing associations and dissociations have prompted lawmakers and their constituents to continue to support laws and policies that they know disproportionately punish and incapacitate young black males. [...]is the apparent extent to which even subliminal racial primes can influence our perceptions of individuals.
The U.S. Sentencing Commission's Best Response To Booker Is To Do Nothing, Michael Tonry
The U.S. Sentencing Commission's Best Response To Booker Is To Do Nothing, Michael Tonry
Articles
No abstract provided.
Crawford V. Washington: What Would Justice Thomas Do?, Brad Clary
Crawford V. Washington: What Would Justice Thomas Do?, Brad Clary
Articles
No abstract provided.
Transparency And Contrarian Experts In Financial Regulation: A Brief Response To Professor Bradley, Daniel Schwarcz
Transparency And Contrarian Experts In Financial Regulation: A Brief Response To Professor Bradley, Daniel Schwarcz
Articles
No abstract provided.
Litigation's Role In The Path Of U.S. Federal Climate Change Regulation: Implications Of Aep V. Connecticut, Hari M. Osofsky
Litigation's Role In The Path Of U.S. Federal Climate Change Regulation: Implications Of Aep V. Connecticut, Hari M. Osofsky
Articles
This symposium analyzes the role of litigation in climate change regulation, with a particular focus on the U.S. Supreme Court's June 2011 decision in American Electric Power Co. v. Connecticut ("AEP"). 1 This Essay adds to that conversation by exploring the significance of AEP for U.S. federal legal approaches to regulating climate change.
Deidentification And Reidentification In Returning Individual Findings From Biobank And Secondary Research: Regulatory Challenges And Models For Management, William Mcgeveran, Leili Fatehi, Pari Mcgarraugh
Deidentification And Reidentification In Returning Individual Findings From Biobank And Secondary Research: Regulatory Challenges And Models For Management, William Mcgeveran, Leili Fatehi, Pari Mcgarraugh
Articles
No abstract provided.
Siblings In Law, Jill Elaine Hasday
Temptations Of The Sirens: Ethical Issues In Libraries, Herbert Cihak, Joan Howland
Temptations Of The Sirens: Ethical Issues In Libraries, Herbert Cihak, Joan Howland
Articles
No abstract provided.
The Constitutional Dimension Of Unilateral Change In Public-Sector Collective Bargaining, Stephen F. Befort
The Constitutional Dimension Of Unilateral Change In Public-Sector Collective Bargaining, Stephen F. Befort
Articles
During cycles of public sector budgetary crises, governmental entities frequently undertake efforts to reduce workforce costs. Sometimes these efforts have gone beyond layoffs and furloughs to include modifications to the terms of existing collective bargaining agreements. In the private sector, such a unilateral alteration would be an unlawful breach of contract and an unfair labor practice. But, unilateral change is more prevalent in the public sector, particularly due to the constitutional structure of state government. This article examines two of these constitutional dimensions. The article first discusses diffused management authority resulting from the separation of powers with particular reference to …
Renewable Energy And The Public Trust Doctrine, Alexandra B. Klass
Renewable Energy And The Public Trust Doctrine, Alexandra B. Klass
Articles
This Article explores the role of the public trust doctrine in current efforts to site large-scale wind and solar projects on public and private lands. Notably, both proponents and opponents of such renewable energy projects have looked to the public trust doctrine to advance their goals. Proponents of large-scale renewable energy projects point to the environmental and climate change benefits associated with renewable energy development and argue that the use of public lands and large tracts of private lands to facilitate such projects are both in the public interest and consistent with the public trust doctrine. At the same time, …
Interstate Transmission Challenges For Renewable Energy: A Federalism Mismatch, Alexandra Klass, Elizabeth Wilson
Interstate Transmission Challenges For Renewable Energy: A Federalism Mismatch, Alexandra Klass, Elizabeth Wilson
Articles
This Article discusses current challenges to siting new electric transmission infrastructure to facilitate the growth of renewable energy. In doing so, this Article focuses on recent legal and policy developments at the federal, state, and regional levels with a specific emphasis on states with significant wind energy potential west of the Mississippi River. In many of these jurisdictions, there has been a strong emphasis on increasing renewable energy resources in recent years, particularly wind power. Each state and regional jurisdiction, however, has taken a different approach to connecting those new renewable resources to the transmission grid that is determined by …
Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson
Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson
Articles
This Article analyzes the environmental justice implications of the BP Deepwater Horizon oil spill and proposes ways to better address these concerns currently and in the future. It explores the justice problems that have arisen with respect to the spill response, compensation, and employment and workers. The Article argues that these problems result from a mix of inadequate information, failure to incorporate environmental justice into planning, and statutory provisions that favor oil companies and limit protections for vulnerable populations. It proposes ways in which to address these causes in the context of this disaster and more broadly.
Structure-Reactivity Studies Of Simple 4-Hydroxyprolinamide Organocatalysts In The Asymmetric Michael Addition Reaction Of Aldehydes To Nitroolefins, Fintan Kelleher, John Watts, Lien Luu, Vickie Mckee, Ed Carey
Structure-Reactivity Studies Of Simple 4-Hydroxyprolinamide Organocatalysts In The Asymmetric Michael Addition Reaction Of Aldehydes To Nitroolefins, Fintan Kelleher, John Watts, Lien Luu, Vickie Mckee, Ed Carey
Articles
A series of simple 4-hydroxyprolinamides was synthesised and they were found to act as organocatalysts for the asymmetric conjugate addition of aldehydes to nitroolefins in excellent yields (98%), with complete diastereoselectivity (99:1, syn:anti) and enantioselectivity (98% e.e. for syn). Furthermore, the use of low catalyst loadings (5 mol%) and a low aldehyde molar excess (1.5 equivalents) were achieved.
Aligning Strategy And Talent In Creative Professional Service Firms, Deirdre Mcquillan, Pamela Sharkey Scott, Vincent Mangematin
Aligning Strategy And Talent In Creative Professional Service Firms, Deirdre Mcquillan, Pamela Sharkey Scott, Vincent Mangematin
Articles
Purpose: Reliance on individual talent and motivation renders creative Professional Service Firms (PSFs) highly dependent on their ability to attract and mobilise the right individuals. This paper builds an integrated framework showing firstly how creative industry PSFs can differ in their strategy for growth, and secondly how these alternative strategies for growth can influence the firm’s approach to organising and the type of talent required. Design/methodology/approach: Findings are based on a series of interviews with managing directors, senior management and practitioners of architectural organisations in a single country, combined with an extensive literature review. Findings – Our framework illustrates how …
Monte Carlo Simulation Of Extreme Traffic Loading On Short And Medium Span Bridges, Bernard Enright, Eugene J. Obrien
Monte Carlo Simulation Of Extreme Traffic Loading On Short And Medium Span Bridges, Bernard Enright, Eugene J. Obrien
Articles
The accurate estimation of site-specific lifetime extreme traffic load effects is an important element in the cost-effective assessment of bridges. A common approach is to use statistical distributions derived from weigh-in-motion measurements as the basis for Monte Carlo simulation of traffic loading. However, results are highly sensitive to the assumptions made, not just with regard to vehicle weights but also to axle configurations and gaps between vehicles. This paper presents a comprehensive model for Monte Carlo simulation of bridge loading for free-flowing traffic, and shows how the model matches results from measurements on five European highways. The model has been …
Representing Parents With Severe Mental Illness In Child Welfare Cases, Joshua B. Kay
Representing Parents With Severe Mental Illness In Child Welfare Cases, Joshua B. Kay
Articles
Parents with severe mental illness are at greater risk than others of becoming involved in the child protection system, and their cases are more likely than others to result in termination of parental rights. Among women with severe mental illness, 26-75% lose custody to one or more of their children, rates far higher than for women without mental illness. Lawyers who represent mentally ill parents in child protection matters face a number of challenges, including maintaining a productive attorney-client relationship, advocating for appropriate services and reasonable accommodations for their clients’ disabilities, and refuting assumptions about their clients’ parenting abilities that …
The Question Of Courage, William I. Miller
The Question Of Courage, William I. Miller
Articles
Courage is first among virtues in heroic epic and in cultures of honor. Men cared to be known for their courage. It not only took courage to fight well, but the issue often being fought over was who had more of it. Courage was competitive. Men were ranked according to the degree of courage they possessed. Arguments arose as to what counted as truly courageous, what the perfect form of the virtue was, and what were lesser though still worthy semblances of it. Not only philosophers theorized about courage: warriors, politicians and spectators did so as well. The stakes were …
The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos
The Past And Future Of Deinstitutionalization Litigation, Samuel R. Bagenstos
Articles
Two conflicting stories have consumed the academic debate regarding the impact of deinstitutionalization litigation. The first, which has risen almost to the level of conventional wisdom, is that deinstitutionalization was a disaster. The second story challenges the suggestion that deinstitutionalization has uniformly been unsuccessful, as well as the causal link critics seek to draw with the growth of the homeless population. This Article, which embraces the second story, assesses the current wave of deinstitutionalization litigation. It contends that things will be different this time. The particular outcomes of the first wave of deinstitutionalization litigation, this Article contends, resulted from the …