Digital Commons Network^™

The Brady Rule May Hurt The Innocent, N. Garoupa, Matteo Rizzolli

Faculty Scholarship

Mandatory disclosure of evidence (the so-called Brady rule) is considered to be among the most important bulwarks against prosecutorial misconduct. While protecting the generality of defendants in the criminal process, we show that under certain reasonable assumptions this procedural mechanism may hurt innocent defendants by inducing prosecutors to adjust their behavior to their detriment. The main rationale for our thesis is that, if forced to reveal exculpatory information, the prosecutor might not look for that information in the first place, and in turn this could harm the innocent under certain reasonable conditions. We extensively discuss our results in the context …

Acta And Its Complex Politics, Peter K. Yu

Faculty Scholarship

Written for a special issue on the politics of intellectual property, this article examines the "country club" approach the negotiating parties of the Anti-Counterfeiting Trade Agreement (ACTA) embraced to establish new and higher international intellectual property enforcement standards. It points out that the agreement is flawed not only because it is a country club agreement but also because it is a bad country club agreement.

The article then situates ACTA in the context of a recent trend of using bilateral, plurilateral and regional trade and investment agreements to circumvent the multilateral norm-setting process. It contends that this disturbing trend could …

Towards A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet

Faculty Scholarship

In a world that is increasingly global in scope, society has come to view the ever-growing body of international commercial laws as being exceptionally important. This is evidenced through the adoption of several high profile pieces of legislation over the past several decades: International Interest in Mobile Equipment - Study LXXI, the EU’s Draft Common Frame of Reference, the EU Directives on Consumer Protection, and, most noteworthy of all, the Convention for the International Sale of Goods (CISG).

As raised by Professors Sprankling, Coletta, and Mirow, what has been conspicuously absent from this growing body of laws is an international …

Two Years After The Pennsylvania Supreme Court's Decision In Belden & Blake Corp. V. Commonwealth Department Of Conservation & Natural Resources: The Commonwealth's Struggle To Protect State Lands, Gina S. Warren, Krista M. Baron

Faculty Scholarship

The Marcellus Shale is by far the largest natural gas shale play in the United States' and the largest known shale deposit in the world.

Located beneath a large part of the Appalachian basin, it extends north into upstate New York, south into West Virginia and Virginia, and west into Ohio, and geologists estimate that it may contain as much as 489 trillion cubic feet of recoverable natural gas. The Commonwealth of Pennsylvania currently owns 117 parks and three conservation areas in Pennsylvania, making up 2.4 million acres of land - approximately 1.5 million of which are above the Marcellus …

Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein

Faculty Scholarship

Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study reviews groundwater …

Opting For Change Or Continuity - Thinking About Reforming The Judicial Article Of Montana's Constitution, Andrew P. Morriss

Faculty Scholarship

Although Montanans rejected the proposed Constitutional Convention in the November 2010 election, the issues raised by the debate remain. As Montanans consider whether to revisit their state Constitution through initiative, referenda, or legislative action, they have the opportunity to reconsider the structure of their judiciary. This opportunity is important because state judiciaries play an increasingly significant role in American government for multiple reasons. Some state high courts have taken up former United States Supreme Court Justice William Brennan's call for state constitutional jurisprudence to advance civil liberties. As state administrative agencies wrestle with increasingly difficult regulatory issues, state courts have …

Alteration Of Hydrogen Bonding In The Vicinity Of Histidine 48 Disrupts Millisecond Motions In Rnase A, Nicolet Doucet, Gennady Khirich, Evgenii L. Kovrigin, J. Patrick Loria

Chemistry Faculty Research and Publications

The motion of amino acid residues on the millisecond (ms) time scale is involved in the tight regulation of catalytic function in numerous enzyme systems. Using a combination of mutational, enzymological, and relaxation-compensated ¹⁵N Carr−Purcell−Meiboom−Gill (CPMG) methods, we have previously established the conformational significance of the distant His48 residue and the neighboring loop 1 in RNase A function. These studies suggested that RNase A relies on an intricate network of hydrogen bonding interactions involved in propagating functionally relevant, long-range ms motions to the catalytic site of the enzyme. To further investigate the dynamic importance of this H-bonding network, this …

Ltv- Trento (2), Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A. (n.d.). Notwhun (?) program for Iceland LIBOR [Unpublished handwritten notes].

• Shaikh, A. (1992, April 17). AMS_72.MCD: Calculating direct prices and Marxian standard prices of production [Unpublished MathCad worksheet].

• Shaikh, A. (n.d.). Comparisons of prices and values [Unpublished handwritten notes].

• Shaikh, A. (n.d., December 3). Dastance: Criteria for comparing prices and values [Unpublished handwritten notes].

• Shaikh, A. (n.d.). Schurarty test, Ricardo, and MathCad [Unpublished handwritten notes].

• Shaikh, A. (2012, July 8). MathCad program variables Ochoa Data for 71-industry tables [Unpublished manuscript].

• Shaikh, A. (2012, July 7). LTVCalc1972stdFixed.xmcd: Standard market and Sraffian prices of production for a …

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Ape 2008 - Section 4 On Real Competition, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A. (2008, Spring). Economics 205: Advanced political economy II [Syllabus]. The New School.

• Tsoulfidis, L. (2008, September 23). The rise and fall of monopolistic competition revolution. Unpublished manuscript.

• Shaikh, A. (2011, June 1). Project description for the Thomas Guggenheim Prize regarding Turbulent dynamics and hidden patterns: Economic analysis in a global context. Unpublished manuscript.

• Keil, J. (2011, May 26). Empirical evidence on firms [Graphs based on Compustat data]. Unpublished manuscript.

• Shaikh, A. (n.d.). Handwritten notes including the names Yahya Madra, Jonas Wech (?), Sagester (?), and Arjun Jayadev. Unpublished manuscript.

• Peltier, J. (2009, October 8). …

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Petri Paper, Probability Of Reswitching, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Petri, F. (2010, July 31). On the likelihood and relevance of reswitching and reverse capital deepening [Unpublished draft manuscript with handwritten annotations by Shaikh, A., PhD].

• Petri, F. (2011). On the likelihood and relevance of reswitching and reverse capital deepening. In C. Gehrke, N. Salvadori, H. D. Kurz, & I. Steedman (Eds.), Keynes, Sraffa and the criticism of neoclassical theory: Essays in honour of Heinz D. Kurz (pp. 219–243). Routledge.

Crisis, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes,

• Zuege, A., Howe, A., Shaikh, A., & Albo, G. (2010, August 19). Email chain regarding corrections to a proof for a Socialist Register essay [Email correspondence]. Manuscript in possession of the author.

• Shaikh, A. (2010). Revisions of figures: Shaikh SR crisis paper [Manuscript document]. Manuscript in possession of the author.

• Shaikh, A. (n.d.). Notes on Ellen Brown and the role of public banks [Handwritten notes]. Manuscript in possession of the author.

• Shaikh, A. (2010, March 21). Notes from Left Forum on Crisis Effects with Eli Messer (?), David Kotz, Greg Albo, and Johanna …

Bordeaux 2011, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes,

• Shaikh, A., PhD. (2011, September). Bordeaux 9/23–25: Notes on perfect competition, finance, inequality, and stock buybacks [Handwritten notes on folder cover]. Unpublished manuscript notes.

• FINNOV Conference. (2011, September 23). Program for FINNOV conference, workpackage 5 (Bordeaux), including presentation by A. Shaikh and marginalia [Conference program with handwritten notes by A. Shaikh, PhD].

• Mazzucato, M., & Lazonick, W. (2010, May). The limits to the 3% R&D target in Europe 2020 [Position paper].

• Lazonick, W., & Mazzucato, M. (2011, September 23). Summary of “Innovation and inequality: Who takes the risks? Who gets the rewards?,” with annotations [Manuscript summary with …

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Economic Patterns In Capitalism, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes.

• Economic patterns in capitalism fall 2011: U.S. economic charts. (2011, Fall). Unpublished document compilation.

• Shaikh, A. (2000, September). The fundamental equation of prices [Unpublished manuscript].

• Sardoni, C. (1994, December 15–17). Marx’s theory of money and interest: Between Robertson and Keynes? [Unpublished conference paper]. Karl Marx’s Third Volume of Capital: 1894–1994 Conference, University of Bergamo, Bergamo, Italy.

• Panico, C. (1988). Marx on the interest rate (Chap. 2) [Photocopy]. In Interest and profit in the theories of value and distribution. Palgrave Macmillan.

• Panico, C. (1988). Marx on the relation between interest and profit …

Currant Theory, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A. (2011). Current theory (Handwritten note by Anwar Shaikh, PhD). New School University Archives.
• Foley, D. (2010, November 27). Re: circuiste theory (Email). New School University Archives.
• Cardim de Carvalho, F. J. (2003). Circuit theory. In J. E. King (Ed.), The Elgar companion to post Keynesian economics (pp. 60–61). Edward Elgar Publishing.
• Realfonzo, R. (2003). Circuit theory. In J. E. King (Ed.), The Elgar companion to post Keynesian economics (pp. 61–64). Edward Elgar Publishing.
• Shaikh, A. (2011, January 19). Circuitist models comments.doc (Manuscript with handwritten notes). New School University Archives.
• Shaikh, A. (2004, March 12). Comments …

Godley Conference Paper, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Godley conference paper (file folder). Anwar Shaikh, PhD, manuscript in progress, 2011.
• Economic policy in a growth context. Anwar Shaikh, Macroeconomics and Growth, 2008, Palgrave Macmillan.
• Notes on New Cambridge and Ruggles (unpublished manuscript). Anwar Shaikh, PhD, May 01, 2011.
• Effect of depletion rates on KGC and KNC estimates (data analysis commentary). Anwar Shaikh, PhD, February 22, 2011.
• I have spent many a happy hour here at the Levy (handwritten notes). Anwar Shaikh, PhD, 2011.
• On Godley & KK (handwritten notes). Anwar Shaikh, PhD, 2011.
• The role of the savings rate in Godley's macroeconomics (manuscript outline). …

Reflexivity, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Reflexivity (file folder). Anwar Shaikh, PhD, manuscript in progress, 2011.
• General point (handwritten notes). Anwar Shaikh, PhD, November 2011.
• End of my talk (handwritten presentation outline). Anwar Shaikh, PhD, November 2011.
• Reflexivity and the theory and practice of social change (unpublished workshop paper). George Soros, November 03, 2011.
• Reflexivity, path dependence, and disequilibrium dynamics. Anwar Shaikh, Journal of Post Keynesian Economics, 2010, M.E. Sharpe, Inc.
• Mark 2: Still stable (handwritten notes). Anwar Shaikh, PhD, March 28, 2010.
• The crisis & what to do about it (web article). George Soros, November 06, 2008.
• Unrepentant (letter to the …

Cps, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Wage Equivalents (WEQ) and Sectoral Account Inquiries, by A. Shaikh (2010, August 24). Personal communication.
• Income and Outlays of Households and of Nonprofit Institutions Serving Households, by C. I. Mead, C. P. McCully, and M. B. Reinsdorf (2003, April). Survey of Current Business, 83(4), 13–17. Bureau of Economic Analysis.
• Housing Services in the National Economic Accounts, by N. Mayerhauser and M. Reinsdorf (2007, September 11). Bureau of Economic Analysis.
• Measurement of Gross Operating Surplus (GOS), by A. Shaikh (2009). Unpublished manuscript.
• Gross Operating Surplus, Imputed Interest, and Measures of Profitability, by …

Estimating Kg, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Route 91,841 Estimating KG, by A. Shaikh (2000, November 12). Unpublished manuscript.
• Figure 4: Nominal Depletion Rates (Based on BEA 1993 Data), by A. Shaikh (2006, October 10). Unpublished manuscript.
• Effect of Initial Points on KGC Estimates (BEA 1993 vs. Gorman SCB 1985), by A. Shaikh (2011, March 9). Unpublished manuscript.
• Chapter 7: Measurement of Profit, Capital and the Rate of Profit, by A. Shaikh (2011, March 9). Unpublished manuscript.
• Effect Sudden Retirement KGH and KHN, by A. Shaikh (2010, July 25). Unpublished manuscript.
• Effect of Initial Values on Corp Nonfin KG …

Social Justice And Common Good: What Are They For?, Thomas Hughson

Theology Faculty Research and Publications

No abstract provided.

Miracles In Christianity, Ralph Del Colle

Theology Faculty Research and Publications

No abstract provided.

Editorial. Rational Therapy: A Defense Against Evidence-Based Medicine, Norman C. Reynolds Jr., Robert Boak Slocum

Theology Faculty Research and Publications

No abstract provided.

David Bentley Hart And Pope Benedict: Atheist Delusions, The Regensburg Lecture, And Beyond, Ralph Del Colle

Theology Faculty Research and Publications

No abstract provided.

The Last Shall Be First: Human Potential In Genetic And Theological Perspectives, M. Therese Lysaught

Theology Faculty Research and Publications

The notion of “human potential” provides a fruitful window through which to explore the competing conceptual frameworks of contemporary genetics and Christianity. The contemporary cultural frame of genetics conceives of human potential in a broadly positive manner: the source of personal and societal flourishing is located within individual bodies, waiting to be identified and unleashed by genetic science and medicine for the good of persons and society. In the Judeo-Christian narrative, human individual, biological potential is far less relevant—and, in fact, may be construed as an impediment to the achievement of personal and social flourishing. Implications for the dialogue between …

The Effect Of High Dose Total Body Irradiation On Acth, Corticosterone, And Catecholamines In The Rat, Eric P. Cohen, Eric D. Bruder, William E. Cullinan, Dana R. Ziegler, Hershel Raff

Biomedical Sciences Faculty Research and Publications

Total body irradiation (TBI) or partial body irradiation is a distinct risk of accidental, wartime, or terrorist events. Total body irradiation is also used as conditioning therapy before hematopoietic stem cell transplantation. This therapy can result in injury to multiple tissues and might result in death as a result of multiorgan failure. The hypothalamic–pituitary–adrenal (HPA) axis could play a causative role in those injuries, in addition to being activated under conditions of stress. In a rat model of TBI, we have established that radiation nephropathy is a significant lethal complication, which is caused by hypertension and uremia. The current study …

The Heirs Of The Enochic Lore: ‘Men Of Faith’ In 2 Enoch 35:2 And Sefer Hekhalot 48d:10, Andrei Orlov

Theology Faculty Research and Publications

No abstract provided.

Community: To What End?, Stephen D. Long

Theology Faculty Research and Publications

No abstract provided.