Digital Commons Network^™

Eric Stein, Theodore J. St. Antoine

Articles

Eric Stein was one of the wisest, shrewdest, most broadly knowledgeable, and most benign human beings I have ever known. Since others can speak more authoritatively about Eric's scholarship and his contributions to international law, I am going to concentrate on him personally and on his relationships with his Michigan Law School colleagues.

Securities Law In The Roberts Court: Agenda Or Indifference?, Adam C. Pritchard

Articles

To outsiders, securities law is not all that interesting. The body of the law consists of an interconnecting web of statutes and regulations that fit together in ways that are decidedly counter-intuitive. Securities law rivals tax law in its reputation for complexity and dreariness. Worse yet, the subject regulated-capital markets-can be mystifying to those uninitiated in modem finance. Moreover, those markets rapidly evolve, continually increasing their complexity. If you do not understand how the financial markets work, it is hard to understand how securities law affects those markets.

Examining The Reality Of Foreign National Child Victims Of Human Trafficking In The United States, Bridgette A. Carr

Articles

Human traffickers prey on the vulnerabilities of other people. Poverty, lack of education, and language barriers are keys that human traffickers use to successfully exploit others. For foreign national children who have been trafficked in the United States, these same vulnerabilities are often ignored by the immigration system. From its inception, the Trafficking Victims Protection Act (TVPA) has been touted as a tool to combat grave human rights violations that affect children. In fact, the TVPA's legislative history is rife with stories, statistics, and anecdotes involving children-often young girls. The TVPA has always recognized the failure of a one-size-fits-all approach …

A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow

Articles

Secondary proceedings-the ugly stepsisters to main proceedings-get short shrift in international bankruptcy scholarship. This article seeks to remedy that deficiency. First, it describes what it argues are the traditional conceptions-both stated and implicit-of secondary proceedings in international bankruptcies. Second, it offers a revised way of thinking about secondary proceedings, proposing to restrict their scope through the use of "synthetic" hearings. Third, it addresses some problems with the proposed new role of secondary proceedings and sketches a possible solution involving the creation of an international priorities registry.

Ability To Pay, John A. E. Pottow

Articles

The landmark Dodd-Frank Act of 2010 ("Dodd-Frank") transforms the regulation of consumer credit in the United States. Many of its changes have been high-profile, attracting considerable media and scholarly attention, most notably the establishment of the Consumer Financial Protection Bureau ("CFPB"). Even specific consumer reforms, such as a so-called "plain vanilla" proposal, drew hot debate and lobbying firepower. But when the dust settled, one profoundly transformative innovation that did not garner the same outrage as plain vanilla or the CFPB did get into the law: imposing upon lenders a duty to assure a borrower's ability to repay. Ensuring a borrower's …

Readers' Copyright, Jessica D. Litman

Articles

My goal in this project is to reclaim copyright for readers (and listeners, viewers, and other members of the audience). I think, and will try to persuade you, that the gradual and relatively recent disappearance of readers’ interests from the core of copyright’s perceived goals has unbalanced the copyright system. It may have prompted, at least in part, the scholarly critique of copyright that has fueled copyright lawyers’ impression that “so many in academia side with the pirates.” It may also be responsible for much of the deterioration in public support for copyright. I argue here that copyright seems out …

Sequential Climate Change Policy, Edward A. Parson, Darshan Karwat

Articles

Successfully managing global climate change will require a process of sequential, or iterative, decision‐making, whereby policies and other decisions are revised repeatedly over multiple decades in response to changes in scientific knowledge, technological capabilities, or other conditions. Sequential decisions are required by the combined presence of long lags and uncertainty in climate and energy systems. Climate decision studies have most often examined simple cases of sequential decisions, with two decision points at fixed times and initial uncertainties that are resolved at the second decision point. Studies using this formulation initially suggested that increasing uncertainty favors stronger immediate action, while the …

After The Spill Is Gone: The Gulf Of Mexico, Environmental Crime, And Criminal Law, David M. Uhlmann

Articles

The Gulf oil spill was the worst environmental disaster in U.S. history, and will be the most significant criminal case ever prosecuted under U.S. environmental laws. The Justice Department is likely to prosecute BP, Transocean, and Halliburton for criminal violations of the Clean Water Act and the Migratory Bird Treaty Act, which will result in the largest fines ever imposed in the United States for any form of corporate crime. The Justice Department also may decide to pursue charges for manslaughter, false statements, and obstruction of justice. The prosecution will shape public perceptions about environmental crime, for reasons that are …

Financial Literacy Or Financial Castigation?, John A. E. Pottow

Articles

This year, the Canadians- through their government-convened Task Force on Financial Literacy - have proudly produced, "Canadians and their Money: Building a Brighter Financial Future." Armed with 30 recommendations, its most dramatic innovation is to recommend the creation of a Financial Literacy Leader. I have been asked to provide an American perspective on this report specifically and the broader agenda of "financial literacy" more generally as a consumer welfare intervention. Let me start by acknowledging the critiques of the Canadian Task Force. For example, my Canadian colleague, Saul Schwartz, has already drafted a compelling analysis of the political economy behind …

Formulary Apportionment: Myths And Prospects - Promoting Better International Policy And Utilizing The Misunderstood And Under-Theorized Formulary Alternative, Reuven S. Avi-Yonah, Ilan Benshalom

Articles

This article seeks to re-examine the formulary alternative to transfer pricing by inquiring whether partial integration of formulary concepts into current practices would offer a reasonable alternative to transfer pricing rules. We believe that the key to achieving an equitable and efficient allocation of MNE income is to solve the problem of the residual, i.e., how to allocate income generated from mobile assets and activities whose risks are borne collectively by the entire MNE group. These assets and activities generate most of the current transfer pricing compliance and administrative costs, as well as tax avoidance opportunities. A limited formulary tax …

The Taxation Of A Gift Or Inheritance From An Employer., Douglas A. Kahn

Articles

The focus of this article is to examine the following questions: 1. whether, despite its unrestricted language, section 102(c) does not apply to some gratuitous transfers to an employee; 2. if so, what are the exceptions to section 102(c); and 3. when section 102(c) does not apply to a transfer, whether it will be excluded from income. Part II of this article examines the conditions under which a gratuitous transfer to an employee will be excluded from income under the Duberstein standard and under the normal tax treatment of testamentary transfers -- in other words, how the section 102(a) gift …

Patent Costs And Unlicensed Use Of Patented Inventions, Rebecca S. Eisenberg

Articles

Recent commentators have observed, and sometimes lamented, significant gaps between the formal reach of the patent system and the practical exclusionary effect of patent law. It is costly for technology developers to obtain and assert patents, for technology users to identify the patents they might be infringing and to clear rights, and for the Patent and Trademark Office (PTO) to find patent-defeating prior art. The costs of the patent system provide shelter for infringing behavior that might otherwise lead to either licensing or liability, perhaps mitigating excesses in the patent system while retaining strong rights that motivated owners may enforce. …

Assessing The Mechanism Of Microbial Inactivation During Ozone Pocessing, Sonal Patil, Vasilis Valdramidis, Kimon Karatzas, Patrick J. Cullen, Paula Bourke

Articles

Ozone has numerous applications in food industry because of its advantages over traditional preservation techniques. Damage to cell membranes and cytoplasmic contents was proposed as involved in ozone inactivation but there is no available information concerning oxidative stress effect of ozone on regulated knockout genes and the protection or sensitivity of microbial mutants (lacking these genes) against ozone or ozone generated radicals. The aim of this work was to investigate the mechanism of action of ozone on microbial populations during the treatment of liquid food systems. E. coli BW25113 and its isogenic mutants in soxR, soxS, oxyR, …

Detecting The Onset Of Dementia Using Context-Oriented Architecture, Basel Magableh, Nidal Albeiruti

Articles

In the last few years, Aspect Oriented Software De- velopment (AOSD) and Context Oriented Software Development (COSD) have become interesting alternatives for the design and construction of self-adaptive software systems. An analysis of these technologies shows them all to employ the principle of the separation of concerns, Model Driven Architecture (MDA) and Component-based Software Development (CBSD) for building high quality of software systems. In general, the ultimate goal of these technologies is to be able to reduce development costs and effort, while improving the adaptability, and dependability of software systems. COSD, has emerged as a generic devel- opment paradigm towards …

On The Singular Weyl-Titchmarsh Function Of Perturbed Spherical Schrödinger Operators, Aleksey Kostenko, Gerald Teschl

Articles

We investigate the singular Weyl–Titchmarsh m-function of perturbed spherical Schrödinger operators (also known as Bessel operators) under the assumption that the perturbation q(x) satisfies xq(x) ∈ L1(0, 1). We show existence plus detailed properties of a fundamental system of solutions which are entire with respect to the energy parameter. Based on this we show that the singular mfunction belongs to the generalized Nevanlinna class and connect our results with the theory of super singular perturbations.

On The (Non)-Integrability Of Kdv Hierarchy With Self-Consistent Sources, Vladimir Gerdjikov, Georgi Grahovski, Rossen Ivanov

Articles

Nonholonomic deformations of integrable equations of the KdV hierarchy are studied by using the expansions over the so-called “squared solutions” (squared eigenfunctions). Such deformations are equivalent to a perturbed model with external (self-consistent) sources. In this regard, the KdV6 equation is viewed as a special perturbation of KdV. Applying expansions over the symplectic basis of squared eigenfunctions, the integrability properties of the KdV6 equation are analysed. This allows for a formulation of conditions on the perturbation terms that preserve its integrability. The perturbation corrections to the scattering data and to the corresponding action-angle (canonical) variables are studied. The analysis shows …

Rational Bundles And Recursion Operators For Integrable Equations On A.Iii-Type Symmetric Spaces, Vladimir Gerdjikov, Georgi Grahovski, Alexander Mikhailov, Tihomir Valtchev

Articles

We analyze and compare the methods of construction of the recursion operators for a special class of integrable nonlinear differential equations related to A.III-type symmetric spaces in Cartan’s classification and having additional reductions.

Polynomial Bundles And Generalised Fourier Transforms For Integrable Equations On A.Iii-Type Symmetric Spaces, Vladimir Gerdjikov, Georgi Grahovski, Alexander V. Mikhailov, Tihomir Valchev

Articles

A certain class of integrable nonlinear differential equations related to A.III-type symmetric spaces and having additional reductions is analysed via the Inverse Scattering Method (ISM). The class contains systems of nonlinear evolution equations (NLEEs) associated with a Lax operator (for the time-evolution) polynomial in the spectral parameter. Using the Wronskian relations, the mapping between the potential and the minimal sets of scattering data is constructed. Furthermore, completeness relations for the `squared solutions' (generalised exponentials) are derived. Next, expansions of Q and its variation are obtained. This demonstrates that the interpretation of the inverse scattering method as a generalized Fourier transform …

Water-Soluble Cuii And Mnii Bis-Phenanthroline Octanedioate Complexes With Unprecedented Nano And Picomolar In Vitro Cytotoxicity As Promising Leads For Chemotherapeutic Drug Development, Andrew Kellett, Mark O'Connor, Malachy Mccann, Orla L. Howe, Alan Casey, Pauric Mccarron, Kevin Kavanagh, Mary Mcnamara, Sean Kennedy, Donald D. May, Philip S. Skell, Denis O'Shea, Michael Devereux

Articles

Dinuclear Cu^II and Mn^II bis-phenanthroline octanedioate complexes exhibit rapid, unprecedented nano and picomolar in vitro cytotoxicity against colorectal cancer lines and are less toxic than cisplatin when examined in vivo. The complexes are potent generators of cellular reactive oxygen species, avid DNA binders and induce O₂ dependent cleavage of DNA. The Cu(II) complex was found to have self-cleaving nuclease activity.

Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz

Articles

Intellectual property (IP) sits at the center of the global economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who have expertise in intellectual property law. These lawyers are the new leaders in intellectual property law.

The global demand for intellectual property law-trained lawyers triggered a "big bang" in the creation of advanced intellectual property law programs (IP Programs) at American law schools. The new leaders in …

Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice

Articles

Cultural property policy in the United States has become increasingly lawless, for lack of a better term. In recent years, the executive branch has aggressively restricted the movement of cultural property into the United States, but it has repeatedly done so without regard for constraining legal authority. The result is a troubling disjunction between the executive branch's (the "Executive") current cultural property policies and the existing legal framework established by Congress and the Judiciary. We document that disjunction in this Article.

We explain, for example, how the executive branch has recently repatriated an Egyptian sarcophagus and an antique French automobile …

Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack

Articles

No abstract provided.

Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman

Articles

No abstract provided.

The Move From Protectionism To Outward-Looking Industrial Development: A Critical Juncture In Irish Industrial Policy?, Paul Donnelly, John Hogan

Articles

This paper utilises a new framework for examining critical junctures to help us understand whether the changes to Irish industrial policy at the end of the 1950s constituted a critical juncture, breaking cleanly with what came before, or were a continuation of policy pathways previously established. The framework is made up of three elements, which must be identified in sequence, for us to be able to declare a critical juncture. Irish industrial policy is examined here, as it constitutes a core tenet of wider economic policy.

Encyclopedia Of Music In Ireland: Jonathan Nangle, Adrian Smith

Articles

Encyclopedia of Music in Ireland entry on the Irish composer Jonathan Nangle

On Socle-Regularity And Some Notions Of Transitivity For Abelian P-Groups, Brendan Goldsmith, Peter Danchev

Articles

In the present work the interconnections between various notions of transitivity for Abelian p-groups and the recently introduced concepts of socle-regular and strongly socle-regular groups are studied.

Bayesian Inference For Exponential Random Graph Models, Alberto Caimo, Nial Friel

Articles

Exponential random graph models are extremely difficult models to handle from a statistical viewpoint, since their normalising constant, which depends on model parameters, is available only in very trivial cases. We show how inference can be carried out in a Bayesian framework using a MCMC algorithm, which circumvents the need to calculate the normalising constants. We use a population MCMC approach which accelerates convergence and improves mixing of the Markov chain. This approach improves performance with respect to the Monte Carlo maximum likelihood method of Geyer and Thompson (1992).

Now For The Science Bit: Implementing Community-Based Learning In Chemistry, Claire M. Mcdonnell, Patricia Ennis, Leslie Shoemaker

Articles

Purpose – The purpose of this paper is to contribute to the understanding of student learning from community engagement by critically assessing the implementation of this pedagogical approach in the context of teaching and learning chemistry and also evaluating the role of personal development in student-community engagement.

Design/methodology/approach – A case study on the implementation since 2007 of community-based learning (also called service-learning) projects in an academic department in Ireland is presented. Analysis of assessment grades, student reflective accounts and evaluation questionnaires informs this work as does a recently completed self-assessment of our activities using Shumer’s Self-Assessment for Service Learning. …

Synthesis, Evaluation And Structural Studies Of Antiproliferative Tubulin-Targeting Azetidin-2-Ones, Niamh O'Boyle, Lisa M. Greene, Orla Bergin, Jean-Baptiste Fichet, Thomas Mccabe, David G. Lloyd, Daniela M. Zisterer, Mary J. Meegan

Articles

A series of azetidin-2-ones substituted at positions 2, 3 and 4 of the azetidinone ring scaffold were synthesised and evaluated for antiproliferative, cytotoxic and tubulin binding activity. In these compounds, the cis double bond of the vascular targeting agent combretastatin A-4 is replaced with the azetidinone ring in order to enhance the antiproliferative effects displayed by combretastatin A-4 and prevent the cis/trans isomerization that is associated with inactivation of combretastatin A-4. The series of azetidinones was synthetically accessible via the Staudinger and Reformatsky reactions. Of a diverse range of heterocyclic derivatives, 3-(2-thienyl) analogue 28 and 3-(3-thienyl) analogue 29 displayed the …

Modelling The Effect Of Asparaginase In Reducing Acrylamide Formation In Biscuits, Monica Anese, Barbara Quarta, Jesus Maria Frias

Articles

The influence of asparaginase on acrylamide formation, as well as colour development, in short dough biscuits was studied. In particular, asparaginase concentration, incubation time and temperature were changed according to an experimental design. As acrylamide formation was found to vary significantly between biscuits obtained by using the same ingredients and process, a mixed effect model was used to model variation of acrylamide concentration. By contrast a fixed effect model was used for colour polynomial analysis. Within the range of study, the overall results allowed the best conditions for minimising acrylamide formation to be found. It can be suggested that acrylamide …