Digital Commons Network^™

Proposal For A Construction Industry Digital Competency Centre For Ireland, Alan V. Hore

Conference papers

The Irish construction industry is facing a series of fundamental challenges that is affecting every player in the AEC lifecycle from architects to owners to tenants. Despite technology advances in recent years, the Irish construction industry lags behind other industries in respect to Information Communications Technology (ICT) investments. Despite a pressing need for innovation, procurement and tendering procedures in Ireland largely discourages new ideas and puts further pressure on wafer-thin margins that characterise the construction sector. This paper will reflect on the deliverables of the Construction Information Technology Alliance (CITA) in Ireland, which was formed in partnership between the Technological …

Implementing Ecommerce In The Irish Construction Industry, Alan V. Hore, Roger West

Conference papers

The current methods of ordering, delivering and invoicing of materials in the construction in-dustry is enormously inefficient, with vast quantities of paperwork, duplication of effort, scanning, re-keying and resolving mismatches between invoices, delivery dockets and purchase orders. The objective of this pa-per is to set out the progress that is being made by the Construction IT Alliance (CITA) in Ireland to support the implementation of eCommerce in the Irish construction industry. The authors will present the result of a pilot project in 2006 which demonstrated that the technology necessary for implementing an electronic supply chain exists and could be deployed …

Citax: A Collaborative Ict Standards Model For The Irish Construction Industry, Alan V. Hore, Roger West

Conference papers

The Irish construction industry is facing a series of fundamental challenges that is affecting every player in the AEC lifecycle, from architects to engineers to quantity surveyors to owners to tenants. Despite technological advances in recent years, the Irish construction industry lags behind other industries in respect to ICT investments. Although there is a pressing need for innovation, existing procurement and tendering procedures in Ireland largely discourage new ideas and put further pressure on thin margins that characterise the competitiveness of the construction sector. The low level of inter-company ICT connectivity reflects the general fragmented and adversarial nature of the …

Relevance For Food Safety Of Applications Of Nanotechnology In The Food And Feed Industry, Iona Pratt, Catherine Adley, Gordon Chambers, Wayne Anderson

Articles

The application of nanotechnology in the food and feed industry offers many potential benefits for both consumers and manufacturers.The ultrafine dimensions of nanoparticles, and consequently their very large surface area, enable them to function more effectively than conventional macro-scale structures in many applications. Nanotechnology is however a relatively new area of science and the benefits and risks associated with its use in the food and feed industry are not fully understood at this time.This brings with it new challenges in ensuring the safety of food and feed that has been produced with the aid of nanotechnology. This report provides an …

Intuition, Morals, And The Legal Conversation About Gay Rights, Suzanne B. Goldberg

Faculty Scholarship

When lawyers and judges converse in litigation, factual and legal analysis typically takes center stage. Yet, when the legal conversation turns to the rights of lesbians, gay men, and bisexuals, the ground shifts. Intuition and morals rationales often displace evidence-based reasoning. More specifically, arguments to limit the rights of lesbians and gay men tend to depend explicitly on intuition, and sometimes morality, in ways that contemporary arguments to restrict the rights of other social groups rarely do.

In addressing this dissonance, this essay has two central aims. The first is simply to observe the disproportionate openness to arguments based on …

The Metaphysics Of Mind And The Practical Science Of The Law, Sarah Seo, John F. Witt

Faculty Scholarship

In “Mind of a Moral Agent,” Susanna Blumenthal elegantly limns the rise and partial fall of the common sense theory of moral responsibility in American law. As Blumenthal convincingly describes it, the problem for early American jurists was nothing less than to solve the paradox of determinism and free will. How can the law declare someone morally culpable unless we are free to choose our own ends?

After the Revolution, according to Blumenthal’s account, American doctors and jurists turned to a sunny, Scottish Enlightenment theory of moral responsibility. In place of the tortured moral gymnastics of an older generation of …

Seqra And Climate Change, Michael B. Gerrard

Faculty Scholarship

New York's State Environmental Quality Review Act (SEQRA) is the centerpiece of environmental decision-making in the state. It requires state and local agencies to prepare environmental impact statements (EISs) for actions that could significantly affect the environment. SEQRA has become the principal framework for the identification and mitigation of environmental impacts.

The text of SEQRA provides that EISs should discuss the "effects of the proposed action on the use and conservation of energy resources, where applicable and significant." EISs under SEQRA are also required to consider, among many other things, a project's effects on air pollution. Since the main source …

A House Still Divided, Clare Huntington

Faculty Scholarship

In response to Adam B. Cox, Immigration Law's Organizing Principles, 157 U. PA. L. REv. 341 (2008).

Adam Cox's Immigration Law's Organizing Principles contests the traditional view that immigration law and alienage law – in his terms, "selection rules" and "regulation rules" – are distinct categories with legal and moral salience. Building upon prior scholarship that also called the distinction into question, Cox offers important insights into why this dividing line does not have the sharp conceptual edges that the jurisprudence would suggest exist. Despite the analytical persuasiveness of Cox's argument, I am not convinced that it will destabilize the …

The Constitutional Dimension Of Immigration Federalism, Clare Huntington

Faculty Scholarship

In Farmers Branch, Texas, the city council enacted a measure to fine landlords who rent their premises to unauthorized migrants, and in Arizona, the state legislature passed a law imposing stiff penalties on employers who intentionally or knowingly hire unauthorized migrants. In San Francisco, the board of supervisors passed a measure that bars law enforcement officers from inquiring into the immigration status of an individual in the course of a criminal investigation. In Alabama and Florida, state officials have entered into agreements with the federal government permitting state law enforcement officers to arrest and detain non-citizens on immigration charges. Other …

Repairing Family Law, Clare Huntington

Faculty Scholarship

Scholars in the burgeoning field of law and emotion have paid surprisingly little attention to family law. This gap is unfortunate because law and emotion has the potential to bring great insights to family law. This Article begins to fill this void — and inaugurate a larger debate about the central role of emotion in family law — by exploring the intriguing and significant consequences for the regulation of families that flow from a theory of intimacy first articulated by psychoanalytic theorist Melanie Klein. According to Klein, individuals love others, inevitably transgress against those they love out of hate and …

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

Faculty Scholarship

Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street comers, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …

Equality Opportunity: Marriage Litigation And Iowa's Equal Protection Law, Suzanne B. Goldberg

Faculty Scholarship

Discrimination claims against longstanding rules invite the public and the courts to rethink the status quo and address overarching legal and social commitments to equality together with questions specific to the case at hand. Lawsuits seeking marriage rights for same-sex couples quintessentially illustrate this multilayered nature of law reform litigation, as the debates they provoke focus not only on the rights of same-sex couples but also on the meaning of marriage and the meaning of equality more generally. While few other than lawyers, judges, and perhaps some reporters actually read the equal protection and due process arguments that the presiding …

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

The article challenges the traditional classification of removal proceedings as civil, arguing that expulsion, particularly for permanent residents, functions similarly to criminal punishment and should therefore be treated as criminal. It proposes a bifurcated approach distinguishing exclusion and expulsion, advocating for criminal protections in expulsion proceedings to align with historical and constitutional principles.

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

Articles

The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.

Children, Kin, And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Joshua Gupta-Kagan

Faculty Scholarship

Millions of American children are raised primarily by people other than their parents, mostly by grandparents and other kin, and millions more are raised by third parties for some period of their childhood. In most such situations, informal arrangements negotiated by family members and kinship networks effectively provide care for these children. Many cases, however, require some formal legal arrangement; third party custody orders are needed to obtain necessary services and benefits for children whose parents are absent, and to protect children in the rare but still significant instances in which a parent is abusive or neglectful.

States currently have …

Are We Over-Lawyering International Affairs, Philip C. Bobbitt, John D. Hutson, John C. Yoo, Philip D. Zelikow, Edwin D. Williamson

Faculty Scholarship

This panel will discuss the role of lawyers — particularly government lawyers — in addressing questions of legal policy. We will discuss fundamental questions such as: Should lawyers decide legal policy? Or, is that best left to the policymakers? Should lawyers give advice as to legal policy, or should they stick to providing answers as to what the law is? How should lawyers respond to what a policymaker thinks is the legal question, but is really a question of legal policy? If lawyers find the law vague or lacking, should they fill in the gaps, advising as to what the …

Ergonomic Analysis Of A Hair Salon, Joseph Keebler, David Schuster, Scott Ososky

Publications

Cosmetology involves a number of diverse tasks that have been implicated in cumulative trauma disorders and in other workplace injuries. This case study presents an analysis of injury risk and prevalence in a salon. Individual, occupational, and organizational factors are considered, and potential areas where risk can be reduced are presented.

Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk

Articles

Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European countries, employment discrimination law is enforced predominantly in criminal proceedings. French criminal procedure enables the discovery of information necessary to prove the facts of discrimination, whereas the limits of French civil procedure make it impossible for such information to be revealed. As a result, the …

On Existence And Uniqueness Results For The Bbm Equation With Arbitrary Forcing Terms, Timothy A. Smith

Publications

The problem of classical solutions for the regularized long-wave equation is considered where various additional forcing terms are introduced which are often required for physical modifications in the wave theory. Sufficient conditions of solvability and existence are established and then these conditions are related to the structure of the forcing terms under consideration.

Book Review: Mac Os X, Ipod, And Iphone Forensic Analysis Dvd Toolkit, Gary C. Kessler

Publications

This document is Dr. Kessler's review of MAC OS X, iPod, and iPhone Forensic Analysis DVD Toolkit, edited by Jesse Varsalone. Syngress, 2009. ISBN: 978-1-59749-297-3.

Book Review: The Dotcrime Manifesto: How To Stop Internet Crime, Gary C. Kessler

Publications

This document is Dr. Kessler's review of The dotCrime Manifesto: How to Stop Internet Crime, by Phillip Hallam-Baker. Addison-Wesley, 2008. ISBN: 0-321-50358-9

Book Review: Challenges To Digital Forensic Evidence, Gary C. Kessler

Publications

This document is Dr. Kessler's review of Challenges to Digital Forensic Evidence, by Fred Cohen. Fred Cohen & Associates, 2008. ISBN 1-878109-41-3

The Identification And Verification Of Hazardous Convective Cells Over Oceans Using Visible And Infrared Satellite Observations, Michael F. Donovan, Earle R. Williams, Cathy Kessinger, Gary Blackburn, Paul H. Herzegh, Richard L. Bankert, Steve Miller, Frederick R. Mosher

Publications

Three algorithms based on geostationary visible and infrared (IR) observations are used to identify convective cells that do (or may) present a hazard to aviation over the oceans. The performance of these algorithms in detecting potentially hazardous cells is determined through verification with Tropical Rainfall Measuring Mission (TRMM) satellite observations of lightning and radar reflectivity, which provide internal information about the convective cells. The probability of detection of hazardous cells using the satellite algorithms can exceed 90% when lightning is used as a criterion for hazard, but the false-alarm ratio with all three algorithms is consistently large (40%), thereby exaggerating …

White Dwarf Luminosity And Mass Functions From Sloan Digital Sky Survey Spectra, Steven Degennaro, Ted Von Hippel, D. E. Winget, S. O. Kepler, Atsuko Nitta, Detlev Koester, Leandro Althaus

Publications

We present the first phase in our ongoing work to use Sloan Digital Sky Survey (SDSS) data to create separate white dwarf (WD) luminosity functions (LFs) for two or more different mass ranges. In this paper, we determine the completeness of the SDSS spectroscopic WD sample by comparing a proper-motion selected sample of WDs from SDSS imaging data with a large catalog of spectroscopically determined WDs. We derive a selection probability as a function of a single color (g − i) and apparent magnitude (g) that covers the range −1.0 < g − i < 0.2 and 15 < g < 19.5. We address the observed upturn in log g for WDs with Teff 12,000 K and offer arguments that the problem is limited to the line profiles and is not present in the continuum. We offer an empirical method of removing the upturn, recovering a reasonable mass function for WDs with Teff < 12,000 K. Finally we present a WD LF with nearly an order of magnitude (3358) more spectroscopically confirmed WDs than any previous work.

A Process Plan For Consensus Building In The Evaluation Of Nsgc & Epscor Native American Outreach Program, Jocelyn S. Nickerson, Brent D. Bowen, Henry R. Lehrer

Publications

The NASA Nebraska Space Grant (NSGC) & EPSCoR Programs at the University of Nebraska at Omaha have embarked on a unique educational journey known as the Nebraska Native American Outreach program (NNAOP). The NNAOP’s main objective is to encourage and motivate Native American students to be more competitive in mathematics and science. This program has allowed for a variety of educational and public outreach activities to take place. However, in order to continually provide effective support to Nebraska’s Native American community, NSGC & EPSCoR sought an evaluation technique for the NNAOP. To execute such an evaluation, NSGC organized the first …

Asthma In The Workplace: Animal Health: Prevention Fact Sheet, Brigitte Roberge, Éric Audet, Denyse Gautrin

Fiches

No abstract provided.

Asthma In The Workplace: Information And Prevention: Prevention Fact Sheet, Denyse Gautrin, Sylvie Daigle, Nicole Goyer

Fiches

No abstract provided.

After Philip Morris V. Williams: What Is Left Of The "Single-Digit" Ratio?, Anthony J. Sebok

Articles

This short essay was written for a symposium on The Future of Punitive Damages held at the Charleston School of Law in 2007. I argue that the ratio rule (that punitive damages that exceed a single digit ratio presumptively violate the Due Process Clause), introduced by the Supreme Court in Campbell, is unlikely to survive. I argue this for three reasons. First, many lower courts have found ways to conceal punitive damages awards that impose, in reality, ratios in the double-digits. Second, the refusal of the Court to reverse the plaintiffs punitive damages award in Williams under the ratio rule …

Asthma In The Workplace: Plumbing And Heating: Prevention Fact Sheet, Brigitte Roberge, Éric Audet, Denyse Gautrin

Fiches

No abstract provided.

Beating The Spin-Down Limit On Gravitational Wave Emission From The Crab Pulsar, B. Abbott, R. Abbott, R. Adhikari, P. Ajith, B. Allen, G. Allen, R. Amin, S. B. Anderson, W. G. Anderson, M. A. Arain, M. Araya, H. Armandula, P. Armor, Y. Aso, S. Aston, P. Aufmuth, C. Aulbert, S. Babak, S. Ballmer, H. Bantilan, B. C. Barish, C. Barker, D. Barker, B. Barr, P. Barriga, M. A. Barton, M. Bastarrika, K. Bayer, J. Betzwieser, P. T. Beyersdorf, I. A. Bilenko, Tiffany Z. Summerscales

Faculty Publications

We present direct upper limits on gravitational wave emission from the Crab pulsar using data from the first 9 months of the fifth science run of the Laser Interferometer Gravitational-wave Observatory (LIGO). These limits are based on two searches. In the first we assume that the gravitational wave emission follows the observed radio timing, giving an upper limit on gravitational wave emission that beats indirect limits inferred from the spin-down and braking index of the pulsar and the energetics of the nebula. In the second we allow for a small mismatch between the gravitational and radio signal frequencies and interpret …