Digital Commons Network^™

Momentum: The Ripple Of Art Activism From Idle No More, India Rael Young

Hemisphere: Visual Cultures of the Americas

No abstract provided.

The Year Of Magical Thinking: Fraud, Loss, And Grief, Jayne W. Barnard

Faculty Publications

In The Year of Magical Thinking, her wrenching memoir of the year following the death of her husband John Gregory Dunne, Joan Didion describes the episodes of magical thinking that forestalled her acceptance of Dunne's sudden absence from her life. In the hours after his death, she charged his cell phone. Weeks later, she gave his clothes to charity but kept his shoes because, she thought, "He would need shoes if he were to return."

Modern grief theory tells us that episodes like these are common during the months following a loved one's death, particularly when the death, like …

Surgical Margin Status After Breast Conservation Surgery At Aga Khan University Hospital, Nairobi, Ronald Wasike, B. Riogi

General Surgery, East Africa

The conservation of the breast in a woman after diagnosis of breast cancer plays a vital role in the overall management of the patient. While the cosmetic outcome enhances the patients’ self-image, assurance of clear margins is essential in prognostication. An analysis was carried out to assess the adequacy of surgical margins at our unit.

Methodology: Retrospective analysis of breast surgery for breast cancer patients was done from 2008 to 2011 at Aga Khan University Hospital.

Results: Twenty one patients with breast cancer had breast conservation surgery with an average age of 44.8 years. The commonest histological diagnosis (71.4%) was …

Jailing Black Babies, James G. Dwyer

Faculty Publications

No abstract provided.

The Coming Crisis In Law Enforcement And How Federal Intervention Could Promote Police Accountability In A Post-Ferguson United States, Kami Chavis Simmons

Faculty Publications

The proliferation of aggressive, and sometimes militarized, police tactics represents the "coming crisis" in law enforcement, although many residents of [inner city] communities might argue that the crisis arrived long ago. Even more disturbing is that these heavy-handed police strategies are employed almost exclusively against racial and ethnic minorities.

This Essay argues that in order to alleviate racial bias in policing and gain the trust and legitimacy of police officers in racially and ethnically diverse communities, local police departments must not only ensure that they are hiring police officers capable of implementing community policing, but must also focus on institutional …

European Courts As Value-Harmonizing “Motors Of Integration”, Josef Bejček

Yearbook of Antitrust and Regulatory Studies

The paper first deals with the conditions and prerequisites of adopting European law before the former „real-socialist” countries joined the EU. The key role of European Courts is described by showing that they worked as de facto virtual legislators even before accession. It is emphasized that European Courts have provided the courts and antitrust authorities of new Member States with an inestimable value-based orientation. The EU judicial practice enhanced national legal standards and legal culture in the respective countries. The second part of the contribution contrasts with this positive tone. An example of a serious inconsistency in values between the …

Accession To The Eu’S Competition Law Regime: A Law And Governance Approach, Katalin J. Cseres

Yearbook of Antitrust and Regulatory Studies

The aim of this paper is to analyse the interplay between the EU’s external (pre-accession) and internal (post-accession) governance model in the field of competition law and to reach a deeper understanding of the EU’s Europeanization strategy at the intersection of these two governance models. The paper will critically examine the effectiveness of the internal governance mechanisms of Regulation 1/2003 with regard to the goals of the decentralized enforcement system, as well as with regard to their effectiveness in steering post-accession compliance and Europeanization among the Member States. Following the Introduction, section II of the paper maps out the EU’s …

Enforcement Of Eu Competition Rules In Estonia: Substantive Convergence And Procedural Divergence, Alexandr Svetlicinii

Yearbook of Antitrust and Regulatory Studies

A decade of decentralized enforcement of EU competition rules under the procedural framework of Regulation 1/2003 has produced a diverse enforcement record that varies among Member States. While the numbers of notified investigations and infringement decisions based on Articles 101 & 102 TFEU are impressive, some EU jurisdictions have demonstrated an only negligible participation in the direct enforcement of EU competition rules. After joining the EU in 2004, Estonia has harmonized its competition legislation with EU standards and pursued active criminal enforcement of antitrust rules. At the same time, EU competition rules are absent from the enforcement practice of the …

The Impact Of Eu Competition Rules On Lithuanian Competition Law, Rimantas Antanas Stanikunas, Arunas Burinskas

Yearbook of Antitrust and Regulatory Studies

This paper provides a study of the impact of EU competition rules on Lithuanian legislation and legal practice. It was found therein that the Lithuanian law on competition, its competition authority and courts do not adhere to all objectives of EU competition law consistently. In Lithuania, the most followed objectives of EU competition law are primarily that of the internal market and consumer welfare. The European Commission looks at both: competition and the creation and preservation of the internal market, as promoting consumer welfare and an efficient allocation of resources; it proclaims that the role of competition law is to …

Twenty Years Of Harmonisation And Still Divergent: Development Of Slovak Competition Law, Ondrej Blažo

Yearbook of Antitrust and Regulatory Studies

Since the time when the first competition rules were adopted after the Velvet Revolution in early 1990s, Slovak competition law has undergone several changes. Three acts on economic competition were subsequently adopted (in 1991, 1994, 2001), each of them several times amended. Although Slovakia became a member of the EU in 2004, the convergence of national competition rules with the law of the European Union is evident in the significant changes that were introduced in 2004. The evolution of Slovak competition rules cannot be considered finished – major amendments are expected in 2014. The following paper will analyze in which …

Ten Years In The European Union – Selected Remarks Related To The Harmonisation Of Slovak Competition Law With Eu Competition Law, Barbora Králičková

Yearbook of Antitrust and Regulatory Studies

The aim of this paper is to provide an overview of the application of competition law in the Slovak Republic since it became a member of the European Union 10 years ago. Special emphasis is placed on selected problems and questions which arose in the application of European competition rules and the need for an adjustment of Slovak competition legislation to EU requirements. The paper presents the relevant amendments in the Slovak Competition Act and analyses in detail their background. Slovak competition law has undergone many changes in the past 10 years, not always without problems. The aim of this …

Ways Of Harmonising Polish Competition Law With The Competition Law Of The Eu, Krystyna Kowalik-Bańczyk

Yearbook of Antitrust and Regulatory Studies

This article discusses the harmonisation of laws within the EU focusing on the specific ways of achieving an approximation of the Polish legal system with European competition law. It identifies and gives an overview of three specific ways of harmonising national laws with EU antitrust provisions: (1) spontaneous (or bottom-up) harmonisation; (2) judicial harmonisation and; (3) legislative harmonisation by means of EU Directives. With respect to the last category, particular attention is drawn to the legislative competences of the EU, allowing it to harmonise antitrust issues either on the basis of Articles 103 and 114 TFUE, or perhaps even on …

Forgotten Issues When Talking About The More Economic Approach To Competition Law In Poland, Anna Laszczyk

Yearbook of Antitrust and Regulatory Studies

For the last fifteen years, competition policy in the European Union has been dominated by the ‘more economic approach’, or rather the ‘effects-based approach’, as it has recently been called. A similar trend can be observed in Polish competition law. Its mechanisms have been implemented into normative acts and the National Competition Authority seems to have, at least partially, adopted such approach also. On the other hand, some important issues related to the application of the more economic approach seem to have been overlooked by the Polish debate on this subject. These include questions such as: (i) whether such approach …

The Effects Of Antitrust Enforcement Decisions In The Eu, Anton Dinev

Yearbook of Antitrust and Regulatory Studies

In the complex procedural aftermath of Regulation 1/2003, a more systemic approach to antitrust enforcement by various authorities – EU and national, judicial and administrative – could supplement existing cooperation mechanisms with a truly integrated system of rules and decisions. This is the core argument of this article, as it examines the effects of antitrust enforcement decisions in the EU from three different but related angles

Plausibility, Facts And Economics In Antitrust Law, Mariateresa Maggiolino

Yearbook of Antitrust and Regulatory Studies

According to EU competition law, the existence of an anticompetitive agreement can be inferred from a number of coincidences and indicia only in the absence of another plausible explanation of the facts at stake. According to U.S. federal law (antitrust law included), only a complaint that states a plausible claim for relief can survive a motion to dismiss at the pleading stage. What is plausible, however? After explaining the relationship between facts and evidence law, this chapter analyses the general meaning of the notion of plausibility, discusses the degree of discretion that it introduces, how it affects the justifications that …

Package On Actions For Damages Based On Breaches Of Eu Competition Rules: Can One Size Fit All?, Sofia Oliveira Pais, Anna Piszcz

Yearbook of Antitrust and Regulatory Studies

On 17 April 2014, the Proposal for a Directive on antitrust damages actions was accepted by the European Parliament and sent to the EU Council of Ministers for final approval. In addition, a Recommendation was adopted in 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States to meet the need for a coherent European approach to antitrust private enforcement. This package comes at a time when private antitrust enforcement is rapidly evolving in a number of Member States. At the same time however, it establishes several legal solutions that do not fit well with …

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.

Caregiver Conundrum Redux: The Entrenchment Of Structural Norms, Nicole Buonocore Porter

Faculty Publications

Scholars and feminists (and feminist scholars) have been debating ways to ameliorate the work-family conflict for several decades. For some of us writing in this area, it seems as if the debate is endless and ineradicable. Unfortunately, this Article does not end the debate with some brilliant solution. Instead, I attempt to explain why the "caregiver conundrum" is so unwieldy and unyielding. The reason, I argue, is because of the entrenchment of structural norms in the workplace. By structural norms, I am referring to employers' rules and practices regarding hours, shifts, schedules, attendance, leaves of absence, etc.--basically, when and where …

A Theory Of Civil Liability, Nathan B. Oman

Faculty Publications

No abstract provided.

The Conflict Of Visions In Nfib V. Sebelius, Jonathan H. Adler

Faculty Publications

In 2010, few anticipated the fate of healthcare reform would rest with the Supreme Court. Yet National Federation of Independent Business v. Sebelius [hereinafter NFIB] emerged as a watershed case that could remake the constitutional landscape. NFIB presented a conflict between two constitutional visions of federal power and the role of the courts in policing such limits--an unconstrained vision, under which limits on federal power are enforced primarily through the political process, and a constrained vision, under which constitutional limits on federal power are enforced by the courts. The contrasting views of the constitutionality of the individual mandate and …

The New Ada Backlash, Nicole Buonocore Porter

Faculty Publications

[T]his paper explores whether courts are using the reasonable accommodation provision or the qualified individual inquiry to limit the number of individuals entitled to the special protection of the ADA...

This paper will proceed in five parts. Part II provides a brief history of the ADA, both of its structure and legislative history. It then proceeds to a discussion of the major Supreme Court cases that dramatically narrowed the coverage of the ADA through a narrow interpretation of what it means to be an individual with a disability. I will also discuss why courts may have narrowly construed the statute. …

A Defining Moment: A Review Of Disability & Equity At Work, Why Achieving Positive Employment Outcomes For Individuals With Disabilities Requires A Universal Definition Of Disability, Nicole Buonocore Porter

Faculty Publications

This book, Disability & Equity at Work, describes its goal as "to discuss factors contributing to disabled persons' inequality at work and to offer proposals for leveling this uneven playing field." The book is an interdisciplinary, international review of the laws, policies, initiatives, and studies regarding the employment situation of individuals with disabilities. It is a compilation of fifteen different chapters by different authors, which cover a wide variety of subject matters. Some chapters focus on low- and middle-income countries, where individuals with disabilities often have low employment and high poverty rates. And some chapters focus on problems that …

Finding Hidden Treasures: Research Help In The Library And Archives, Joan M. Naturale, Diana Moore

Articles

At the 2009 Deaf History International Conference, Ulf Hedberg spoke on the preservation of Deaf materials. The objective was to promote the preservation of Deaf materials by individuals, institutions, and organizations and to encourage the donation of Deaf materials to libraries, archives, museums, or organizations. In this chapter our objective is to identify the numerous resources at the Gallaudet University Library Deaf Collections and Archives and the Rochester Institute of Technolo-gy’s (RIT) Wallace Library, which are now on the Internet. The resources discussed here contain biographical materials that relate to this book’s theme of telling Deaf lives. Since the year …

Design And Implementation Of A Microcontroller Based Wind Energy Conversion System, Mehmet Demi̇rtaş, Şeri̇f Şerefoğlu

Turkish Journal of Electrical Engineering and Computer Sciences

In this study, a dsPIC-controlled DC/DC boost converter and a wind turbine control system that tracks the maximum power point are designed and implemented. In practice, the energy generated by a permanent magnet synchronous wind turbine is applied to the load using a circuit that consists of a rectifier, boost converter, and protective load. The converter operates in the designed mode 35% more efficiently than in the normal operation mode. In addition, the wind turbine is protected from overvoltages in strong windy weather using the protective circuit. Experimental results show that the ripple value on the direct current belonging to …

Optimization Of Job Shop Scheduling Problems Using Modified Clonal Selection Algorithm, Yilmaz Atay, Hali̇fe Kodaz

Turkish Journal of Electrical Engineering and Computer Sciences

Artificial immune systems (AISs) are one of the artificial intelligence techniques studied a lot in recent years. AISs are based on the principles and mechanisms of the natural immune system. In this study, the clonal selection algorithm, which is used commonly in AISs, is modified. This algorithm is applied to job shop scheduling problems, which are one of the most difficult optimization problems. For applying application results to the optimum solution, parameter values giving the optimum solution are determined by analyzing the parameters in the algorithm. The obtained results are given in detail in the tables and figures. The best …

Study On Interior Permanent Magnet Synchronous Motors For Hybrid Electric Vehicle Traction Drive Application Considering Permanent Magnet Type And Temperature, Javad Soleimani, Abolfazl Vahedi, Abdolhossein Ejlali, Mohammadhossein Barzegari Bafghi

Turkish Journal of Electrical Engineering and Computer Sciences

Recently, interior permanent magnet synchronous motors (Interior-PMSMs) have become known as a good candidate for hybrid electric vehicle (HEV) traction drive application due to their unique merits. However, the dynamic and steady-state behaviors of these motors are quite dependent on the permanent magnet (PM) type, configuration, and volume in rotor structures. This paper uses a novel structure of Interior-PMSMs for traction applications with fragmental buried rotor magnets in order to achieve low torque ripple, iron losses, and cogging torque. In this paper, first, the effect of the PM type on a d-q equivalent circuit model is examined. Next, the design …

A New Psfb Converter-Based Inverter Arc Welding Machine With High Power Density And High Efficiency, İsmai̇l Aksoy

Turkish Journal of Electrical Engineering and Computer Sciences

In this study, a high-performance single-phase inverter arc welding machine is presented. Power control of the developed welding machine is realized with a high-frequency, phase-shifted full bridge (PSFB) pulse-width modulation (PWM) converter. The PSFB PWM converter operates with soft switching at no load and full load. There is no need to use a passive snubber in the converter. Welding machine control is implemented with a digital signal processor (DSP) and phase-shift PWM IC. By means of the DSP, advanced arc welding functions and protection features such as short-circuit, over-current, and temperature protection are achieved. The current and voltage waveforms given …

A Summary Of Three Antibiotic Resistant Bacteria Studies Of Plaster Creek, Yeaeun Lee, David P. Warners

Faculty and Professional Research

No abstract provided.

Nine Year Assessment Of Soil Treatment On Aguacatillo (Nectandontisii And Ocotea Austinii, Lauraceae) Seedling Success In The Restoration Of A Costa Rican Cloud Forestra Cufo, Sheila Devries, David Warners

Faculty and Professional Research

We tracked seedling growth of two species of aguacatillo (Nectandra cufodontisii (O. C. Schmidt) C. K. Allen and Ocotea austinii C. K. Allen) that were planted into an early successional cloud forest hillside in San Gerardo de Dota, Costa Rica over nine years. Seedlings were collected from underneath nearby mother trees and transplanted into one of three soil treatments: indigenous soil; a 50:50 mixture of horse manure and indigenous soil; and a 50:50 mixture of kitchen compost and indigenous soil. After seedlings were transplanted they were measured and each specific location was evaluated for light exposure. Two months later seedlings …

Sea Blue Sea: The Creation And Performance Of Educational Children's Music, Kevin Cashman

Graduate Student Theses, Dissertations, & Professional Papers

The making of Sea Blue Sea began in August, 2013 with the creation of the album’s first song ‘Blue Whale’ and was completed in March, 2014. The project’s scope was broad, including a ten-track album about endangered marine wildlife. I researched endangered marine wildlife, including eleven endangered marine species were chosen as subjects for songs, I began the writing process. I wrote six songs with minimal outside assistance and collaborated with The Whizpops for the remainder of the ten tracks included on the album. We fundraised through a Kickstarter campaign. In order to do so, we created a short film …