Digital Commons Network^™

Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino

Faculty Publications

In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …

Review: The Center Will Hold: Critical Perspectives On Writing Center Scholarship, Lauren Fitzgerald

The Writing Center Journal

No abstract provided.

Biobehavioral Correlates Of Transfer Trauma In The Frail Elderly: Salivary Cortisol, Affect, And Cognition, Nancy A. Hodgson, Vicki Freedman, Doug A. Granger, Amy Behel

Selected Works of Nancy Hodgson, PhD

No abstract provided.

International Decision: United States--Continued Dumping And Subsidy Offset Act Of 2000, Mark L. Movsesian

Faculty Publications

This brief article is a report of an international decision of the World Trade Organization Appellate Body on January 16, 2003, concerning the United States’ Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217 & 234/AB/R). Eleven WTO members—Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico, and Thailand—filed a challenge to the Byrd Amendment in the summer of 2001. A WTO dispute settlement panel, agreeing with the complaining parties, made two major findings. First, the panel concluded that the Byrd Amendment constitutes an impermissible specific action against dumping and subsidization under the Antidumping and SCM Agreements. …

Against Global Governance In The Wto, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

In "Global Governance and the WTO," Professor Andrew Guzman has done an impressive job of articulating a vision of the World Trade Organization (WTO) that many international lawyers share. In this vision, the WTO's mission should be expanded beyond its present task of facilitating tariff reductions and preventing covert protectionism. Rather, the WTO should take on substantive authority in a wide variety of non-trade areas, including the environment, labor, human rights, and public health. Unlike many people who share this vision, Guzman takes the time to describe how it might best be accomplished. He advocates specialized WTO departments and periodic …

Application Of Espi-Method For Strain Analysis In Thin Wall Cylinders, David Kennedy, Zdravko Schauperl, Seamus Greene, Emilia Mihaylova

Articles

The Centre for Industrial and Engineering Optics, DIT, Ireland, have recently developed and applied new optical techniques for the measurement of mechanical strain, one of which was based on electronic speckle pattern interferometry (ESPI). The accuracy of this optical technique when used on flat surfaces is well established. In this research the technique is tested on curved surfaces, and results are compared with the theoretical hoop strain as predicted by the bi-axial strain equation modified for the thin cylinder, and by those obtained by electrical resistance strain gauge (ERSG) undoubtedly the principal method of measuring mechanical strain. For testing procedures, …

Saving Title Vii: Using Intent To Distinguish Harassment From Expression, Robert Austin Ruescher

Faculty Publications

(Excerpt)

Like two reluctant boxers in a ring, the First Amendment and Title VII of the Civil Rights Act of 1964 have been sparring halfheartedly for years, circling and jabbing each other in courts and law reviews. The bout pits the constitutional right to be free from government censorship against the statutory "right to work in an environment free from discriminatory intimidation, ridicule, and insult." As stated by the Supreme Court in another context, it pits "the First Amendment rights of the speaker" against "the protection the statute provides for the unwilling listener."

Both the First Amendment and Title VII …

Derivative Suits In Bankruptcy, Keith Sharfman

Faculty Publications

(Excerpt)

It is a fundamental tenet of corporate law that creditors, unlike shareholders, may not bring derivative suits on a firm's behalf—even if the firm is, or is nearly, insolvent. Corporate law affords creditors who are unhappy with a corporate debtor's management various remedies, such as the right (in limited circumstances) to put the firm into receivership or to sue the directors and officers directly for breaches of fiduciary duty. But the derivative suit is not among them.

The formal rationale for denying derivative standing to creditors is that a derivative suit is an assertion of ownership rights, and (in …

"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade

Faculty Publications

There are too few discussions about race and race relations among corporate managers and directors. The rhetoric used in these infrequent discussions revolves around the idea of diversity in the workplace. In recent years, when speaking about employees and race issues, corporate actors have become curiously silent about discrimination and racism. This Article provides several examples of the rhetorical devices used by corporate spokespersons that ignore persisting problems with discrimination and racism by focusing solely on diversity efforts. Diversity rhetoric allows corporate managers to avoid responsibility for enduring discrimination in the workplace. Diversity efforts, without antidiscrimination efforts, increase the likelihood …

Grandparents’ Rights: What Every Grandparent Needs To Know, Robin Boyle

Faculty Publications

(Excerpt)

Patricia Perkins Slorah, has written an easy-to-read book for grandparents who are considering assistance from the legal community to secure visitation with their grandchildren. The book is aptly titled, Grandparents’ Rights: What Every Grandparent Needs to Know. For grandparents who are unfamiliar with the court system, Ms. Slorah provides helpful guidance. Although any book about the current state of the laws would be outdated at some point in the future as to what certain laws provide, this book provides timeless personal stories of grandparents who have struggled to gain visitation rights with their grandchildren.

Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher

Faculty Publications

(Excerpt)

In the fall of 2000, six-year-old male Zachary from a small town in Ohio, claimed that s/he was a girl and requested, from now on, to be called Aurora. When the child's parents honored this unusual wish and made efforts to make official the child's feminine identity, the case turned into a custody battle between the parents and the state of Ohio. Although the child was occasionally treated as a girl at home from the age of two, the attempt to register the child in public school as a girl motivated the state dissolution of this family. At the …

Illinois Brick: A Look Back And A Look Ahead, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In June 1977, the United States Supreme Court decided Illinois Brick Co. v. Illinois, ruling that only those dealing directly with price-fixers, and not others in the chain of distribution, are "injured" within the meaning of Section 4 of the Clayton Act in price-fixing cases. The decision struck the death knell to claims by indirect purchasers that illegal overcharges incurred by first purchasers had been passed-on to them through the distribution chain. The so-called direct purchaser rule of Illinois Brick was clear and unequivocal, the very essence of a bright-line rule. Yet, after over a quarter century, the …

Safety Performance On 20 Construction Sites In Dublin, Paul Mcevoy

Masters

Abstract The aim of this research was to assess factors affecting safety performance on twenty apartment construction sites in Dublin using qualitative and quantitative risk assessment techniques. The quantitative techniques involved observing compliance with recommended safety procedures. The qualitative techniques involved an assessment of site safety management documentation and semi structured interviews with site management regarding site safety procedures. The field work was carried out between November 2003 and October 2004. The results showed that five sites out of twenty had high standards of safety and prevented all possible falls from heights. The five best performing sites were characterised by …

Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri

Articles

No abstract provided.

Introduction: Fordham Sports Law Forum, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Introduction to the Fordham Sports Law Forum at Fordham University School of Law.

Since its founding in 1996, the Fordham Sports Law Forum has attracted numerous distinguished speakers to the school who have graciously shared their expertise and insight into the intersecting worlds of sports, law, and business. These participants have greatly enriched and invigorated the academic environment for many of your students and have made this venue one of the highlights of the academic year.

Some Legacies Of Brown V. Board Of Education, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

The litigation campaign against segregation that culminated in Brown v. Board of Education' remains an important subject of study. Brown continues to be controversial because Americans remain uncertain about what its substantive commitments were, and, perhaps more important, how those commitments, as we now understand them, fit together with the other values and institutions that provide the structure of contemporary politics. This Essay will follow up on three aspects of the litigation campaign preceding Brown in an effort to show how Brown and its legacy illuminate enduring features of the organization of the U.S. political system.

Tax Malpractice: Areas In Which It Occurs And The Measure Of Damages--An Update, Jacob L. Todres

St. John's Law Review

(Excerpt)

Primarily, this Article will analyze the tax malpractice cases that have been reported since Malpractice I was published from the vantage of substantive tax law to attempt to ascertain whether certain areas of tax law or certain aspects of tax practice seem to generate more malpractice claims than others. As a secondary inquiry, the Article will discuss the proper measure of damages recoverable on account of such malpractice.

Objective Measurements Of Image Quality, Jacinta Browne, Amanda Watson, Nicholas Gibson, Nicholas Dudley, Alex Elliott

Articles

Tissue harmonic imaging (THI) and compound imaging have been reported clinically to improve contrast resolution, tissue differentiation and overall image quality. However, there have been limited studies to date to quantify objectively the improvements in image quality achieved with these new imaging techniques. The aim of this study was to quantify differences in image quality that exist between conventional B-mode imaging, harmonic imaging, compound imaging and harmonic compound imaging. An ATL HDI 5000 scanner with three probes (C5-2, L7-4 and L12-5) was tested with two different types of test object, the Gammex-RMI model 404 GS LE and the Gammex-RMI 403 …

2004 - Performances, Neiu Music Department

Music Department Performance Programs

Student Recital, Quintet Attacca, Mostly Music

Non Linear Electronic And Optical Processes In Fullerene Thin Films, Siobhan Phelan

Masters

In this study the current voltage characteristics of C60 thin film sandwich structures fabricated by vacuum deposition on indium tin oxide (ITO) with an aluminium top electrode are presented and discussed. A strongly non-linear behaviour and a sharp increase in the device conductivity was observed at relatively low voltages, at both room and low temperatures (30K). At room temperature the system is seen to collapse. In situ Raman measurements indicate that the collapse is the result of a solid state reduction of the fullerene thin film to a polymeric state. The high conductivity state was seen to be stable at …

A Biochemical Study Of Atlantic Salmon (Salmo Salar) Skin Mucus Proteins During Smoltification (1999 And 2001), Paul Kennedy

Masters

Smoltification is a complex process which involves morphological, physiological and behavioural changes which allow Atlantic salmon to migrate from fresh water to seawater. The biological interface between the salmon and their environment is the mucus coat, which is composed of a wide variety of biochemical secretions primarily from goblet cells on the surface of the epithelial layers, but also other cells such as sacciform cells and acidophilic granular cells. Skin mucus has been implicated in a diversity of roles including respiration, osmoregulation, reproduction, excretion, disease resistance, communication, feeding and protection ( Shepard, 1994). Further investigation is warranted with regard to …

Xviii Airborne Corps: Spearhead Of Military Transformation, Douglas A. Macgregor

Defense Horizons

War transforms armies. Combat accelerates transformation by moving it out of the realm of academic debate and endless speculation about the future to a pragmatic approach focused on fielding new capabilities within new combat formations as soon as possible. In war, transformation means conserving equipment and operational methods that are still relevant while incorporating new technologies, tactics, and organizations that enable victory. It is nearly impossible to replicate in peacetime training the true conditions of land warfare—ambiguity, uncertainty, and above all terror, killing, and exhaustion. For the Army, the best opportunity to transform involves parallel evolution, a method that moves …

Learning Theories And Higher Education, Francis Ashworth, Gabriel Brennan, Kathy Egan, Ron Hamilton, Olalla Sáenz

Conference papers

This paper offers a number of materials and resources which may be used as teaching aids for introduction-level courses in learning theories, especially those in higher education. The materials were developed during our participation in a postgraduate diploma module on the psychology of learning and learning theories in 2004, as part of the diploma in third-level learning and teaching at the DIT Learning and Teaching Centre.

Control Loop Performance Assessment: A Classification Of Methods, Niall O'Connor, Aidan O'Dwyer

Conference papers

This paper presents an overview of a number of controller performance assessment techniques. The techniques discussed are divided into five categories, namely, time domain assessment, frequency domain assessment, minimum variance control (MVC) as a benchmark, statistical analysis, and other more ‘problem specific’ assessment techniques. Recent work, by various authors, in each of the five categories is outlined.

Tuning Rules For Pi And Pid Control Of Time Delayed Processes: Some Recent Developments, Aidan O'Dwyer

Conference papers

The ability of PI and PID controllers to compensate many practical processes has led to their wide acceptance in industrial applications. The requirement to choose two or three controller parameters is most easily done using tuning rules. Starting with a general discussion of industrial practice, the paper will discuss, in particular, recent work in tuning rule development for processes with time delay.

Comparison Between Theoretical And Practical Phase Computation, Pauline Sourdille, Aidan O'Dwyer

Conference papers

Transfer functions which are a composite of delay terms cause problems for computer packages, such as MATLAB, in calculating the frequency response open loop transfer function, as the form of the open loop transfer function is irrational. So, the delay terms have to be approximated. There are several ways to evaluate a delay term. A calculator such as MATHEMATICA uses the exact representation of the delay called the Euler form. A computer package such as MATLAB uses a rational approximation for the delay. Using the MATLAB built-in function pade(n,tau), the open loop transfer function of a system with delay can …

System Identification Using The Delta Operator, Aidan O'Dwyer

Conference papers

The aim of this contribution is to communicate, to a wide audience in signal processing and telecommunications, work that has been carried out, primarily in control engineering, on the use of alternative discrete time operators to the z-domain operator. The advantages of the delta domain operator will be communicated using examples, primarily with the aid of plotted results, to give a creative and easily understood impact. Some original work carried out by the author on identification issues will also be communicated.

Using Structured P2p Overlay Networks To Build Content Sensitive Communities, Paul Stacey, Damon Berry, Eugene Coyle

Conference papers

This paper details a proposed peer-to-peer system, which allows a user to join communities of other like-minded users in order to exchange files. Utilising the routing capabilities of Pastry, the proposed system includes an indexing service, which facilitates the creation of virtual rendezvous points for users with similar interests (manifested by shared keywords). Users are described by the content they store. By using vector space modelling techniques users can be grouped together to form content sensitive communities. The system is built to serve as the basis for a distributed archive of research papers. The system is designed to improve the …

Application Of Wavelet Transform To Power Quality (Pq) Disturbance Analysis, Malabika Basu, Biswajit Basu

Conference papers

This paper presents a wavelet analysis based time-frequency technique to identify power system transients and disturbances. A mother wavelet basis function (Littlewood- Paley (L-P)) with dyadic non-overlapping frequency hands has been used. The advantage of the proposed approach is in identification of the occurrence and duration of the disturbances. A few power signals with power quality disturbances have been analysed to show the effectiveness of the proposed technique.

Combining Capacitor/Inductor And Idling Asynchronous Motor In Design Of A System For Balance Of A Large Two-Phase Industrial Load Over Three Phases, Eugene Coyle, M Farrell, W. J. Campbell

Conference papers

This paper describes the design and implementation of a new solution to power quality problems associated with large unbalanced nonlinear loads at fine glass furnace production utilities. Such furnaces use two-phase electricity for reasons of enhanced temperature control and in order to maintain consistency of glass viscosity. A significant risk of power failure is introduced due to this requirement. The furnace load is also nonlinear in nature, due to temperature control by electronic power switching. This gives rise to risks associated with high harmonic distortion. A new method in design of filters to alleviate problems associated with this type of …