Digital Commons Network^™

Mad Money: Rethinking Private Placements, Abraham Cable

Faculty Scholarship

Currently, regulations try to limit unregistered sales of stock (private placements) to the “smart money,” either by informing investors through disclosure or excluding unsophisticated investors from the market. In theory, these smart-money approaches promote the dual goals of capital formation and investor protection. But in practice, regulators have struggled to craft effective disclosure or screening mechanisms. In light of these failures, this Article advocates for a new approach—investment caps that allow every investor a limited amount of “mad money” to invest in risky private placements. This mad-money approach can protect investors by encouraging basic diversification and liquidity, while advancing capital …

The Tower Of Babel: Human Rights And The Paradox Of Language, Moria Paz

Faculty Scholarship

Key human rights instruments and leading scholars argue that minority language rights should be treated as human rights, both because language is constitutive of an individual’s cultural identity and because linguistic pluralism increases diversity. These treaties and academics assign the value of linguistic pluralism in diversity. But, as this article demonstrates, major human rights courts and quasi-judicial institutions are not, in fact, prepared to force states to swallow the dramatic costs entailed by a true diversity-protecting regime. Outside narrow exceptions or a path dependent nationalpolitical compromise, these enforcement bodies continuously allow the state actively to incentivize assimilation into the dominant …

Exploring Perceived Barriers, Drivers, Impacts And The Need For Evaluation Of Public Involvement In Health And Social Care Research: A Modified Delphi Study, D. Snape, J. Kirkham, N. Britten, K. Froggatt, F. Gradinger, F. Lobban, Jennie Popay, K. Wyatt, Ann Jacoby

Peninsula Medical School

ObjectiveTo explore areas of consensus and conflict in relation to perceived public involvement (PI) barriers and drivers, perceived impacts of PI and ways of evaluating PI approaches in health and social care research.BackgroundInternationally and within the UK the recognition of potential benefits of PI in health and social care research is gathering momentum and PI is increasingly identified by organisations as a prerequisite for funding. However, there is relatively little examination of the impacts of PI and how those impacts might be measured.DesignMixed method, three-phase, modified Delphi technique, conducted as part of a larger MRC multiphase project.SampleClinical and non-clinical academics, …

The Hobby Lobby Moment The Supreme Court - 2013 Term: Comments, Paul Horwitz

Articles

No abstract provided.

Alabama's Mirror: The People's Crusade For Civil Rights Introduction, Steven H. Hobbs

Articles

No abstract provided.

The Religious Geography Of Town Of Greece V. Galloway, Paul Horwitz

Articles

Law and religion scholarship generally focuses on the temporal aspects of American religion and the law of the Religion Clauses not their spatial aspects This article argues that churchstate legal scholarship ought to take a spatial turn A substantial body of nonlegal scholarship has emphasized the influence of space and place on American religion and religious history The lens of geography observes a leading text provides an effective framework for analyzing the connection of religious belief to other spheres of thought and action at diverse scales Geography thus offers the potential for a richer understanding of American religious pluralism and …

A Troublesome Right: The Law In Dworkin's Treatment Of Law And Religion A Symposium On Ronald Dworkin's Religion Without God, Paul Horwitz

Articles

No abstract provided.

Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

Unbundling In The New Legal Marketplace, Pamela Bucy Pierson

Articles

No abstract provided.

Company Law And The Law Of Succession Droit Commercial/Commercial Law Section Iii.A: Commercial Law, Kenneth M. Rosen

Articles

No abstract provided.

Atlantic Marine Through The Lens Of Erie Symposium: Forum Selection After Atlantic Marine, Adam N. Steinman

Articles

No abstract provided.

When Bank Examiners Get It Wrong: Financial Institution Appeals Of Material Supervisory Determinations, Julie Andersen Hill

Articles

Banks and credit unions sometimes complain that the examination process regulators use to police banking practices is oppressive. These financial institutions complain that regulators reach unduly negative examination conclusions known as "material supervisory determinations." Institutions are wary because negative determinations can subject an institution to further regulatory scrutiny or enforcement actions. To guard against erroneous determinations, Congress, in 1994, enacted a statute requiring federal financial institution regulators to provide an appeals process. Each of the four regulators (the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corporation, and the National Credit Union Administration) adopted …

Banks, Marijuana, And Federalism Symposium: Marijuana, Federal Power, And The States, Julie Andersen Hill

Articles

Although marijuana is illegal under federal law, twenty-three states have legalized some marijuana use. The state-legal marijuana industry is flourishing, but marijuana-related businesses report diffi- culty accessing banking services. Because financial institutions will not allow marijuana-related businesses to open accounts, the mari- juana industry largely operates on a cash-only basis-a situation that attracts thieves and tax cheats. This Article explores the root of the marijuana banking problem as well as possible solutions. It explains that although the United States' dual banking system comprises both federal- and state- chartered institutions, when it comes to marijuana banking, federal regulation is pervasive and …

The Jury As Democracy, Jenny E. Carroll

Articles

Almost from the moment the law is set to paper, it is shaped and refined through acts of interpretation and discretion. Police and prosecutors choose which cases to investigate, which to charge and how to charge them. Judges make decisions every day that affect the outcome of cases. These acts of interpretation and discretion are driven by the perspectives of those empowered to make them. All too frequently, they reinforce existing power dynamics. But there are other realms of discretion in criminal law. Whether seeking to apply a legal standard as instructed or engaging in an act of nullification, ordinary …

The Federal Arbitration Act As Procedural Reform, Hiro Aragaki

Faculty Scholarship

Recent Supreme Court decisions such as American Express v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), and AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), represent dramatic developments with implications that extend far beyond the arbitration context. These decisions are a product of what the author refers to as the “contract model” of the Federal Arbitration Act (FAA). Heretofore largely unquestioned, the contract model posits the FAA’s original and dominant purpose as the promotion of private ordering in dispute resolution, as free as pos- sible from state regulation. The model has, in turn, helped courts and commenta- tors …

Addressing Racial And Hate-Based Discrimination As Experienced By African Immigrants And Refugees In Waterloo Region, Canada, Alicja K. Muszynski, Sadia Gassim

Journal of Hate Studies

Since the early 1990s, the demographics of Waterloo Region (Ontario, Canada) have changed dramatically. Early settlement patterns reflected “chain migrations” of Mennonite farm families moving to the region from Pennsylvania. Subsequent establishment of three urban clusters with German and British roots resulted in a predominantly White regional and Canadian population. A relaxation of Canadian immigration legislation, together with political unrest in many African countries, led to African immigrants and refugees choosing to settle in the Tri-Cities of Waterloo, Kitchener, and Cambridge. Canada has an international reputation as a welcoming country that celebrates diversity. However, the public view that multiculturalism is …

Baptizing Nazism: An Analysis Of The Religious Roots Of American Neo-Nazism, Alon Milwicki

Journal of Hate Studies

The years following the Second World War saw American religious leaders making fervent attempts to bridge the denominational gap and encourage peaceful cooperation among America’s three leading faiths: Protestantism, Catholicism, and Judaism. While the religious revival movement was largely successful, it was not as complete as historians have previously suggested. Scholars of the postwar religious awakening have neglected the darker, conflictual, and even violent strains of religious revival which developed alongside the optimistic, cooperative, and harmonious efforts that have taken center stage. Simply put, the development and propagation of Christian Identity, as propelled by Dr. Wesley Albert Swift, provided a …

Misogyny And Marginalization In Criminal Justice Systems: Women’S Experiences In Two Post-Conflict Societies, Erin Tunney

Journal of Hate Studies

In Northern Ireland and South Africa, two countries that are attempting to rebuild their societies after extended periods of armed conflict, women who seek redress from gender-based violence through the criminal justice system encounter barriers to justice. Such barriers emerge from misogynistic attitudes toward women that prevent police from appropriately responding to reports of sexual and domestic violence, diminish the capacity of police and court officials to empathize with rather than blame victims, and impede judges from sentencing convicted perpetrators in proportion to their crimes. Despite the striking differences between these two countries, in each society women face similar patterns …

Discrimination Based On “Sameness,” Not “Difference”: Re-Defining The Limits Of Equality Through An Israeli Case For Discrimination, Yifat Bitton

Journal of Hate Studies

T

his article points to a general weakness in liberal rights discourse, and specifically in the antidiscrimination stratagem. It argues that this stratagem is of limited effectiveness due to its perception of “difference” as constituting the heart of the notion of discrimination. Reliance on “difference” in formatting discrimination fails to acknowledge discrimination held against a group within settings characterized by “sameness,” thereby rendering the antidiscrimination principle too narrow to protect some discriminated-against groups. This point is exemplified by analyzing the case of the de facto discrimination against Mizrahi Jews in Israel, or Jews of Arab/Muslim descent, who are conceptualized under …

Qualified Doctor And Medical Students' Use Of Resources For Accessing Information: What Is Used And Why?, Nicola Brennan, Sarah Edwards, Narcie Kelly, Alice Miller, Lucy Harrower, Karen Mattick

Peninsula Medical School

BACKGROUND: Learning to access information using resources such as books and search engines is an important and fast changing challenge for doctors and medical students. Many resources exist to support evidence-based clinical decision-making, but a wide range of factors influences their use. OBJECTIVE: To explore qualified doctor and medical students' use of resources for accessing information and to determine what is used and why. METHODS: A stratified sample of 46 participants was recruited in Devon, UK. Participants kept a self-report diary of resources used over a week. The diaries were then used to stimulate recall within a semi-structured interview. Diary …

Implicit Meaning In 18-Month-Old Toddlers., Luche C Delle, Samantha Durrant, Caroline Floccia, Kim Plunkett

School of Psychology

A substantial body of evidence demonstrates that infants understand the meaning of spoken words from as early as 6 months. Yet little is known about their ability to do so in the absence of any visual referent, which would offer diagnostic evidence for an adult-like, symbolic interpretation of words and their use in language mediated thought. We used the head-turn preference procedure to examine whether infants can generate implicit meanings from word forms alone as early as 18 months of age, and whether they are sensitive to meaningful relationships between words. In one condition, toddlers were presented with lists of …

Manual Choice Reaction Times In The Rate-Domain., Cm Harris, J Waddington, V Biscione, S Manzi

School of Psychology

Over the last 150 years, human manual reaction times (RTs) have been recorded countless times. Yet, our understanding of them remains remarkably poor. RTs are highly variable with positively skewed frequency distributions, often modeled as an inverse Gaussian distribution reflecting a stochastic rise to threshold (diffusion process). However, latency distributions of saccades are very close to the reciprocal Normal, suggesting that "rate" (reciprocal RT) may be the more fundamental variable. We explored whether this phenomenon extends to choice manual RTs. We recorded two-alternative choice RTs from 24 subjects, each with 4 blocks of 200 trials with two task difficulties (easy …

The Sluggs Survey: New Evidence For A Tidal Interaction Between The Early Type Galaxies Ngc 4365 And Ngc 4342, C. Blom, D. Forbes, C. Foster, Aaron Romanowsky, J. Brodie

Faculty Research, Scholarly, and Creative Activity

We present new imaging and spectral data for globular clusters (GCs) around NGC 4365 and NGC 4342. NGC 4342 is a compact, X-ray luminous S0 galaxy with an unusually massive central black hole. NGC 4365 is another atypical galaxy that dominates the W' group of which NGC 4342 is a member. Using imaging from the MegaCam instrument on the Canada-France-Hawaii Telescope (CFHT) we identify a stream of GCs between the two galaxies and extending beyond NGC 4342. The stream of GCs is spatially coincident with a stream/plume of stars previously identified. We find that the photometric colours of the stream …

Ultra Compact Dwarfs In The Core Of The Perseus Cluster: Ucd Formation Via Tidal Stripping, S. Penny, D. Forbes, J. Strader, C. Usher, J. Brodie, Aaron Romanowsky

Faculty Research, Scholarly, and Creative Activity

We present the results of a Keck/DEIMOS survey of Ultra Compact Dwarfs (UCDs) in the Perseus Cluster core. We confirm cluster membership for 14 UCDs, with radial velocities ~5300 km s−1. Two of these confirmed Perseus UCDs have extremely blue colours (B−R<0.6 mag), reside in star forming filaments surrounding NGC 1275, and have likely formed as massive star clusters in the last ~100 Myr. We also measure a central velocity dispersion of a third, UCD13 (σ0=38±8 km s−1), the most extended UCD in our sample. We determine it to have radius Re=85±1.1 pc, a dynamical mass of (2.3±0.8)×108 M⊙, and a metallicity [Z/H]=−0.52+0.33−0.29 dex. UCD13 and the cluster's central galaxy, NGC 1275, have a projected separation of 30 kpc and a radial velocity difference of ~20 km s−1. Based on its size, red colour, internal velocity dispersion, dynamical mass, metallicity and proximity to NGC 1275, we argue that UCD13 is likely the remnant nucleus of a tidally stripped dE, with this progenitor dE having MB≈−16 mag and mass ∼109 M⊙.

A Proto-Architecture For Innate Directionally Selective Visual Maps., Sv Adams, Cm Harris

School of Psychology

Self-organizing artificial neural networks are a popular tool for studying visual system development, in particular the cortical feature maps present in real systems that represent properties such as ocular dominance (OD), orientation-selectivity (OR) and direction selectivity (DS). They are also potentially useful in artificial systems, for example robotics, where the ability to extract and learn features from the environment in an unsupervised way is important. In this computational study we explore a DS map that is already latent in a simple artificial network. This latent selectivity arises purely from the cortical architecture without any explicit coding for DS and prior …

Do Muscle Synergies Reduce The Dimensionality Of Behavior?, N Kuppuswamy, Cm Harris

School of Psychology

The muscle synergy hypothesis is an archetype of the notion of Dimensionality Reduction (DR) occurring in the central nervous system due to modular organization. Toward validating this hypothesis, it is important to understand if muscle synergies can reduce the state-space dimensionality while maintaining task control. In this paper we present a scheme for investigating this reduction utilizing the temporal muscle synergy formulation. Our approach is based on the observation that constraining the control input to a weighted combination of temporal muscle synergies also constrains the dynamic behavior of a system in a trajectory-specific manner. We compute this constrained reformulation of …

Utterance-Final Lengthening Is Predictive Of Infants' Discrimination Of English Accents, Laurence White, Caroline Floccia, Jeremy Goslin, Joseph Butler

School of Psychology

No abstract provided.

Assessing The Relationship Between Eating Disorder Psychopathology And Autistic Traits In A Non-Clinical Adult Population, Amelia Myri Carton, Alastair D. Smith

School of Psychology

No abstract provided.

Shape Shifting: Local Landmarks Interfere With Navigation By, And Recognition Of, Global Shape., Matthew G. Buckley, Alastair D. Smith, Mark Haselgrove

School of Psychology

No abstract provided.

Studies On The Stability And Compatibility Of Cytotoxic Drug Infusions With The Tevadaptor Device, Gj Sewell, M Massimini

School of Health Professions

Introduction: The role of closed-system drug transfer devices (CSDTD) in the preparation of cytotoxic infusions has attracted considerable interest in recent years. The use of such devices can subject drug infusions to contact with the materials used to construct the CSDTD, with potential implications for compatibility and stability of the drug. This study investigated the stability and compatibility of 11 frequently used cytotoxic drug infusions with the Tevadaptor device. Methods: Test infusions of 11 cytotoxic drugs at clinically-relevant concentrations were prepared in either prefilled syringes (5) or infusion bags (6) and were stored under controlled conditions. The syringes and bags …