Digital Commons Network^™

Asymptotic Residual Stress Distribution Induced By Multipass Welding Processes, P Ferro, F Berto, Nm James

School of Engineering, Computing and Mathematics

In the high cycle fatigue (HCF) regime, the fatigue strength of welded joints is influenced by residual stresses (RS) induced during welding processes. If the weld toe is modelled via a sharp V-notch, the distribution of weld toe residual stress can be shown to be asymptotic with a singularity which follows either the linear-elastic or elastic-plastic solution depending on parameters that range across material properties, specimen clamping conditions, and the welding process. For thicker plates, multipass welding is used instead of single-pass welding to reduce the heat input and hence the width of the fusion zone (FZ) and heat-affected zone …

Comment On "Error And Regulatory Risk In Financial Institution Regulation", Keith N. Hylton

Faculty Scholarship

I agree with just about everything Jonathan Macey (2017) says in his symposium contribution. His claim that bureaucratic tendencies toward regularity—specifically, treating like cases alike—generate errors in categorization seems appropriate to me. His explanations of the pathologies in financial regulation should fall in the category of essential or required reading for anyone who chooses to write on the topic. Where I differ from Macey is in the choice of framework, or perspective from which to view the pathologies. Whereas Macey adopts an “error cost” framework, which is clearly appropriate for this symposium, I would build explicitly on a “public choice” …

Nfib V. Sebelius At 5, Nicole Huberfeld

Faculty Scholarship

Keeping up with health care reform is like running up a mountain of sand - every time you reach the top, -the terrain starts shifting. In this talk, I offer a snapshot of where we are in implementing the Patient Protection and Affordable Care Act ("ACA") to aid in understanding the significance of NFIB v. Sebelius' at five. I will situate the ACA2 within historical patterns in American health care reform. I have been asked to discuss the key points of the NFIB decision, after which I will share some of the research that I have performed for the past …

Wave Directional Spreading From Point Field Measurements, M. L. Mcallister, V. Venugopal, A. G.L. Borthwick

School of Engineering, Computing and Mathematics

Ocean waves have multidirectional components. Most wave measurements are taken at a single point, and so fail to capture information about the relative directions of the wave components directly. Conventional means of directional estimation require a minimum of three concurrent time series of measurements at different spatial locations in order to derive information on local directional wave spreading. Here, the relationship between wave nonlinearity and directionality is utilized to estimate local spreading without the need for multiple concurrent measurements, following Adcock & Taylor (Adcock & Taylor 2009 Proc. R. Soc. A 465 , 3361–3381. ( doi:10.1098/rspa.2009.0031 )), with the assumption …

Guardianship And Clinical Research Participation: The Case Of Wards With Disorders Of Consciousness, Megan S. Wright, Michael Ulrich, Joseph J. Fins

Faculty Scholarship

We review relevant federal law about research on human subjects and state laws on guardian authority to determine whether guardians can consent on behalf of their wards to participation in research. The Common Rule is silent on the issue as are most state guardianship laws. Our analysis shows significant variation in guardians’ decision-making authority in the states that do regulate wards’ participation in research. We consider how the appointment of guardians for patients with disorders of consciousness (DOC) impacts such patients’ access to research. We assert that it is important that such persons be permitted to participate in research, so …

Chevron Is A Rorschach Test Ink Blot, Jack M. Beermann

Faculty Scholarship

I agree with Alan Morrison that, in some circumstances, courts should defer to legal determinations made by administrative agencies. I disagree, however, with Alan’s view that Chevron provides a suitable framework for such deference. It really boils down to my disagreement with the first sentence of Alan’s article: “In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., the Supreme Court unanimously adopted an approach to interpreting federal statutes under which the courts are required to give substantial deference to the interpretations by the administrative agencies that enforce them.”1 In fact, the Supreme Court adopted nothing in Chevron related to …

How Much Has The Supreme Court Changed Patent Law?, Paul Gugliuzza

Faculty Scholarship

The U.S. Supreme Court has decided a remarkable number of patent cases in the past decade, particularly as compared to the first twenty years of the Federal Circuit’s existence. No longer is the Federal Circuit “the de facto Supreme Court of patents,” as Mark Janis wrote in 2001. Rather, it seems the Supreme Court is the Supreme Court of patents. In the article at the center of this symposium, Judge Timothy Dyk of the Federal Circuit writes that the Supreme Court’s decisions “have had a major impact on patent law,” citing, among other evidence, the Court’s seventy percent reversal rate …

Tallinn, Hacking, And Customary International Law, Ahmed Ghappour

Faculty Scholarship

Tallinn 2.0 grapples with the application of general international law principles through various hypothetical fact patterns addressed by its experts. In doing so, its commentary sections provide a nonbinding framework for thinking about sovereignty, raising important considerations for states as they begin to articulate norms to resolve the question of precisely what kinds of nonconsensual cyber activities violate well-established international laws — a question that will likely be the focus of international lawyers in this area for some time to come.

This essay focuses on one area of state practice where states are already dealing with these issues: the use …

Confronting Crawford: Justice Scalia, The Judicial Method, And The Adjudicative Limits Of Originalism, Gary S. Lawson

Faculty Scholarship

If you conduct an online search for something like “Justice Scalia’s most important opinions” or “Justice Scalia’s most influential opinions,” you will (or at least I did) almost always end up with a list that is top-heavy with dissents. That is not surprising. Dissenting opinions gave Justice Antonin Scalia the most freedom to exercise his considerable skills as a writer and were therefore more likely to produce memorable one-liners. They were also the best occasions for him to express his views can­didly and forcefully and thus served as the best vehicles for elaboration of his jurisprudential and doctrinal positions. Majority …

Brief Of Amici Curiae Scholars Of The Constitutional Rights And Interests Of Children In Support Of Respondents In Masterpiece Cakeshop Ltd, Et Al V. Colorado Civil Rights Commission, Angela Onwuachi-Willig, Catherine E. Smith, Lauren Fontana, Tanya Washington, Barbara Bennett Woodhouse

Faculty Scholarship

Masterpiece Cakeshop LTD, et al v. Colorado Civil Rights Commission is about much more than a wedding cake. It is about the rightful place of LGBT people and their families in the commercial and public sphere. In fact, children are already bearing the brunt of exclusionary practices in the public marketplace because of their relationship to or association with their LGBT parents. In Michigan, a pediatrician refused to treat an infant based solely on the fact that the child had lesbian mothers. In Kentucky, a judge refused to hear adoption cases of children involving LGBT adoptive-parents-to-be. In Tennessee, a nondenominational …

Frozen Charters, Scott Hirst

Faculty Scholarship

In 2012, the New York Stock Exchange changed its policies to prevent brokers voting shares on corporate governance proposals where they had not received instructions from beneficial owners. Although the change was intended to protect investors and improve corporate governance, it has had the opposite effect: a significant number of U.S. public companies are no longer able to amend important parts of their corporate charters, despite the support of their boards of directors and overwhelming majorities of shareholders. Their charters are frozen.
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/="/">This paper provides the first empirical and policy analysis of the broker voting change and its …

Take The Fifth... Please!: The Original Insignificance Of The Fifth Amendment's Due Process Of Law Clause, Gary S. Lawson

Faculty Scholarship

The Fifth Amendment’s Due Process of Law Clause adds nothing to the Constitution’s original meaning. Every principle for limiting federal executive, judicial, and even legislative powers that can plausibly be attributed to the idea of “due process of law” – from the principle of legality forbidding executive or judicial action in the absence of law to the requirement of notice before valid judicial judgments to a limitation on arbitrary governmental action that today goes under the heading of “substantive due process” – is already contained in the text and structure of the Constitution of 1788. The Fifth Amendment Due Process …

Synthetic Methods For Ester Bond Formation And Conformational Analysis Of Ester-Containing Carbohydrates, Sven Hackbusch

University of the Pacific Theses and Dissertations

This dissertation encompasses work related to synthetic methods for the formation of ester linkages in organic compounds, as well as the investigation of the conformational influence of the ester functional group on the flexibility of inter-saccharide linkages, specifically, and the solution phase structure of ester-containing carbohydrate derivatives, in general.

Stereoselective reactions are an important part of the field of asymmetric synthesis and an understanding of their underlying mechanistic principles is essential for rational method development. Here, the exploration of a diastereoselective O-acylation reaction on a trans-2-substituted cyclohexanol scaffold is presented, along with possible reasons for the observed reversal of stereoselectivity …

Imagining Equity And Inclusion: South Africa's International Economic Politics And Reflections On The Writings Of Justice Dikgang Moseneke, Erika George

Faculty Scholarship

In honour of Justice Dikgang Moseneke, this essay takes up his invitation to imagine an ethos consistent with South African Constitutionalism, one which could promote economic justice. This essay explores how the tools of international economic law as utilised by South Africa could serve as a means of transformation to advance the end of a more inclusive economic globalisation. South Africa's trade policies and participation in international business and human rights policy initiatives are offered as illustrations of a shift towards asserting interests aligned with the country's constitutional economic justice commitments. First, emphasising Justice Moseneke's writings outside of his rulings …

The Future Of Fast Food Governance, Andrew Elmore

Faculty Scholarship

The Fast Food Forward movement has swelled into one of the largest protests by low‐wage workers in U.S. history, animating efforts at all levels of government to raise and enforce workplace standards. One such strategy is to hold fast food franchisors accountable as joint employers of their franchisees’ employees. In what may be a watershed moment, New York Attorney General Eric Schneiderman (NYAG) recently filed suit against Domino’s Pizza, the franchisor, for wage‐and‐hour‐law violations in its franchisees’ stores across New York State.

Fast food store employees report widespread wage‐and‐hour law violations, and the NYAG’s Domino’s lawsuit appears to confirm this …

A License To Kill: State Sponsored Death In The Oldest Colony In The World, Emmanuel Hiram Arnaud

Faculty Scholarship

The article discusses the death penalty in Puerto Rico as a means of state violence by the United States over Puerto Rico. In light of this, the author recounts the Puerto Rican colonial experience through a legal lens, beginning with the first organic law of Puerto Rico and the Insular Cases. Afterwards, the author examines the imposition of the death penalty on Puerto Rico and the challenges it has faced based on the due process of the fourteenth amendment. The article concludes with the stating how the death penalty is as another expression of the U.S. Congress plenary powers over …

Review Of Bind Us Apart: How Enlightened Americans Invented Racial Segregation By Nicholas Guyatt, Robert L. Tsai

Faculty Scholarship

Legal historian Nicholas Guyatt argues in "Bind Us Apart: How Enlightened Americans Invented Racial Segregation" (Basic 2016), that racial segregation was created not by enemies of equality but rather by friends of equality in order to establish practical limits on their disruptive ideas. Drawing on rich sources, he says liberals pursued separationist policies not only to manage the social experience of slaves and former slaves, but also native peoples. Here I make the following points: (1) Guyatt doesn't distinguish between temporary, strategic resort to segregation from deeper philosophical commitments to segregation; (2) juxtaposing the plight of African slaves in America …

Fidelity To Our Imperfect Constitution: A Response To Five Views, James E. Fleming

Faculty Scholarship

In my recent book, Fidelity to Our Imperfect Constitution, I put forward a sustained critique of originalism in all its forms and defend what Ronald Dworkin called a "moral reading" of the U. S. Constitution and what Sotirios A. Barber and I have called a "philosophic approach" to constitutional interpretation. In this essay for the UNAM symposium on the book, I reply to five thoughtful commentaries. First, as against Barber's commentary, I justify responding to the "persistent resurgence of originalism" and attempting to "save the new originalists from themselves" by showing the extent to which many of them acknowledge …

Agency Imprimatur & Health Reform Preemption, Elizabeth Mccuskey

Faculty Scholarship

At this moment, there exists nearly unanimous agreement that the American health care system requires reform, but also vehement disagreements over what form regulation should take and who should be in charge of regulating—state or federal authorities. Preemption doctrine typically referees disputes between federal and state regulatory efforts, but it also exacerbates them. There exists nearly as unanimous opinion that preemption doctrine in health law is a mess. This Article identifies an inventive structure that may help defuse some preemption problems in health reform.

The Affordable Care Act’s (ACA) individual and employer mandates, health insurance exchanges, and insurance coverage standards …

Management Of Simultaneous Bilateral Femur Fractures In A Tertiary Care Hospital: A Retrospective Review, Masood Umer, Syed Zohaib Gulzar Naqvi, Raza Askari, Umair Ashraf

Department of Surgery Docs

Abstract: Introduction: Bilateral long bone fractures are rare and usually are associated with increased risk of complications. These fractures are usually associated with poly traumatic injuries or high impact trauma resulting in shock. Commonest etiology is road traffic accident. Closed diaphyseal fractures are best managed by intramedullary nailing; management becomes difficult if there are open fractures and late arrival. In this study we intend to present our experience of managing these patients. Materials and Methods: Medical records of all adult patients (age more than 16 years of age) admitted at Aga Khan University and Hospital with bilateral femur fractures +/- …

Hernia Of Morgagni Presenting As Constipation In A 65-Year-Old Male, Hamza A Khan, Adeel Samad, Omar A Khan, Farida K Chagan, Jamal K Khan, Saulat H. Fatimi

Department of Surgery Docs

Hernia of Morgagni is congenital defects in the diaphragm. They are mostly asymptomatic and present with vague symptoms when they do so. A high index of suspicion is required for timely diagnose of this condition. Here we present the case of a 65-year-old male patient presented to our institute with constipation for the past six months. Chest radiology raised the suspicion of a hernia which was further confirmed by contrast studies. Laparotomy was done and the hernia sac identified, colon and greater omentum reduced and defect repaired. He was discharged in stable condition and was doing well on follow-up.

Romanian Travellers To England In The Nineteenth Century. National Specificity In Ion Codru- Drăgușanu’S Travel Accounts, Mihaela Culea, Andreia-Irina Suciu

Khazar Journal of Humanities and Social Sciences

The complexity of the travelling experience cannot be understood outside the scope of culture (see, for instance, Schulz-Forberg 2005) and travelling is thus often discussed in relation to the human being‟s thirst for knowledge, intellectual or spiritual enlightenment, aesthetic refinement, often as a result of cultural contact, interaction, transfer or exchange. The travelling experiences of Romanian travellers to England through the centuries have been inspired by many of these goals. This paper focuses on the travel accounts of a little known Romanian traveller to England in the nineteenth century, namely, writer, teacher, journalist and politician Ion Codru-Drăgușanu (1818–1884). His travel …

English Language Textbooks In Efl Education: Do They Improve Students’ National, International And Target Culture Familiarity?, Reza Abbasian, Reza Biria

Khazar Journal of Humanities and Social Sciences

The purpose of the present study was to evaluate English language textbooks of grade 7, 8 and 9 in theIranian Pedagogical curriculum to see to what extent students are exposed to national, international and target cultural familiar content in their classes. As Gurkan (2012) and Ganjabi (2014) say students who are familiar to cultural content of the target language have better reading comprehension scores than those who lack familiarity to target language cultural content. Since culturally familiar content of language in international and target level increases learners‟ comprehension almost in all skills, textbooks are one of their real manifestations in …

Teachers’ Understanding-Check Practices And Learners’ Following Orientations In Efl Classroom Interaction: A Conversation Analytic Study, Sedigheh Karimpour, Baqer Yaqubi

Khazar Journal of Humanities and Social Sciences

Classroom discourse is typically dominated by question and answer routines in which teachers ask most of the questions, a practice constituting one of the principal ways in which they control the discourse and push learners to contribute to classroom interaction (Brock, 1986; Walsh, 2006). Most of previous research on teachers’ questions mainly focused on identifying and discovering different question types which believed to be helpful in creating the opportunities for learners’ interactions. Drawing on conversation analysis through adopting socio-cultural perspective, this study, however, aims to examine how EFL learners orient to the teachers’ understanding-check questions in three sequential contexts (activity-boundary, …

Fiscal Decentralization And Economic Growth: A Dilemma Between Theory And Empiricism, Azar Hasanli

Khazar Journal of Humanities and Social Sciences

Abandoning fiscal decision-making, redistributing and dispersing authorities provided by central government in favor of local and regional-level governance bodies is one of the widely discussed issues across the world based on the theory of “fiscal decentralization”. Incumbent theoretical and empiric researches regarding to achieving economic growth in the light of global economic fragilities indicate that managerial allocation of public funds among central and local authorities casts significant attention in terms of optimizing economic efficiency. In the article, it is tried to introduce brief theoretical background and measurement techniques to depict empiric relationship between fiscal decentralization and economic growth. In addition …

National Mechanisms For Ensuring Social Rights, Shahriyar Aliyev

Khazar Journal of Humanities and Social Sciences

The paper highlighted the role of national mechanisms for the protection of social rights. For this purpose its judicial and administrative remedies have been analyzed. The significance of the constitutional protection of the justice system, her legislative experience in the field of social security, legal and regulatory framework, features, procedural and substantive issues considered on the basis of scientific and theoretical considerations. Along with this, the paper considers a system of judicial protection of social rights, it’s civil, administrative and judicial properties, and shows the primary form of protection issues. Through administrative remedies and the Institute of Human Rights Commissioner …

Socio-Cultural Constraints Of Girls’ Access To Education In Mtwara District, Tanzania, Neema Silas Mollel, Ren Chong

Khazar Journal of Humanities and Social Sciences

Girls are in a detrimental situation concerning accessing and succeeding in their formal education. Repetition and dropout proportion are significantly higher to girls while completion rate is very low. Also, there is a substantial gender inequality in providing education and performance in education between girls and boys. This research aimed to examine the socio-cultural factors that hinder girls' education in Mtwara District in Tanzania. The design that adopted in this research is survey research design. The questionnaire used as a tool to gather the infor¬mation, also documentary review and data from Mtwara District Education Office about girls' enrolment and completion …

Spatial Requirements For Elderly And Disabled People In The Frame Of Universal Design, Yavuz Arat

Khazar Journal of Humanities and Social Sciences

The living areas and fulfilling all the requirements of these areas’ users are very important for designers. Space design for the old and disabled users in the scope of privileged individuals is important from this point. The situation of the privileged individual mass fulfilling their basic needs like shelter, education, working and entertainment in a physically and psychologically unlimited way unlike to the other individuals is exposed as the most important design problem. Designers must pay attention to the user desires and requirements while they design spaces. However, the desires and requirements of the changing/changed body structures of old and …

The Role Of Individual Difference Factors In Writingeedback Use And Involvement: A Qualitative Study Of Iranian Efl Learners’ Perceptions, Mahboobeh Saadat, Saeed Mehrpour, Yaser Khajavi

Khazar Journal of Humanities and Social Sciences

The purpose of the present study was to investigate individual factors that mediate Iranian EFL students’ engagement with feedback they receive on their writing. In fact, the purpose behind such a consideration was to identify the factors that may contribute to students' using or ignoring feedback as well as the emotions they may have during or after receiving feedback. A convenient sample of 10 students was recruited from an intact writing class in which students were usually provided with different types of feedback in both oral and written forms. The study enjoyed a qualitative case study design. The findings of …

Codification Of Statements On Auditing Standard, Numbers 122 To 132, As Of January 2017, American Institute Of Certified Public Accountants (Aicpa)

AICPA Professional Standards

No abstract provided.