Digital Commons Network^™

Chipping Away At Compliance: How Compliance Programs Lose Legitimacy And Its Impact On Unethical Behavior, David Hess

Brooklyn Journal of Corporate, Financial & Commercial Law

Employee perceptions of an organization’s compliance program are critical. A program that has lost legitimacy with its employees is not just ineffective, but it creates more harm than good by leading to more unethical behavior. This Article identifies ways in which compliance programs can start to lose legitimacy, explains how that lost legitimacy leads to increased wrongdoing, and then concludes by setting out some basic reforms focused on helping stop this downward spiral and protecting the legitimacy of the compliance function.

The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger

Brooklyn Journal of International Law

Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …

Governance Interactions In Sustainable Supply Chain Management, Errol E. Meidinger

Contributions to Books

Published as Chapter 3 in Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards, and Empowering Marginalized Actors, Stepan Wood, Rebecca Schmidt, Errol Meidinger,Burkard Eberlein, and Kenneth W. Abbot, eds.

Supply chains are a major site of transnational business governance, and yet their dynamics and effectiveness are usually more assumed than interrogated in regulatory governance discourse. The very term ‘chain’ implies a more determinist and simplistic understanding of supply relationships than is empirically supportable. Supply chains in practice are complex, dynamic, and highly variable networks. Based on peer-group presentations by more than sixty supply chain professionals, this chapter analyzes …

Machine Learning Using U-Net Convolutional Neural Networks For The Imaging Of Sparse Seismic Data, Robert L. Nowack, Jiayuan Huang

Geodata Science Technical Reports

Machine learning using convolutional neural networks (CNNs) is investigated for the imaging of sparsely sampled seismic reflection data. A limitation of traditional imaging methods is that they often require seismic data with sufficient spatial sampling. Using CNNs for imaging, even if the spatial sampling of the data is sparse, good imaging results can still be obtained. Therefore, CNNs applied to seismic imaging have the potential of producing improved imaging results when spatial sampling of the data is sparse. The imaged model can then be used to generate more densely sampled data and in this way be used to interpolate either …

The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner

Brooklyn Journal of International Law

The international tax and investment regimes display striking similarities. They are both based on thousands of bilateral treaties that follow similar principles but differ in fine print. They each facilitate the free flow of international capital by respectively disciplining fiscal and regulatory host state conduct. Finally, they share common historical foundations and have experienced similar periods of rapid diffusion and deep contestation. Yet, while the international tax regime recently accomplished a sweeping reform to solve a decades-old legitimacy crisis, the investment regime is still grappling with its own legitimacy crisis and reform. In 2018, the multilateral tax instrument (MLI) entered …

Sovereign Immunity For Russia's Rocket Engines? Enforcing The "Yukos" Award, Evan Drake

Brooklyn Journal of International Law

In 2003 Yukos Oil Company was once the largest oil company in Russia, and its oligarch CEO was Russia’s richest man. By 2007 Yukos had been dissolved, its CEO arrested, and its assets acquired by Russian state oil giants Rosneft and Gazprom. The fall of Yukos triggered what may be the largest arbitral dispute of all time. In 2014, the former shareholders of Yukos successfully won a $50 billion award against Russia for violations of the Energy Charter Treaty – by far the largest in history. Now the shareholders need to collect. This Note examines how Yukos could enforce its …

Discounts For Fractional Ownership Of Real Property Are Accepted, So Why Haven’T The Irs And Courts Accepted Discounts For Fractional Ownership Of Artwork?, Maren N. Eisenmesser

Brooklyn Journal of Corporate, Financial & Commercial Law

In 2014, the Fifth Circuit held that Mr. Elkins’s estate was entitled to apply a fractional ownership discount to determine the taxable value of the undivided interest in artwork. The estate received a $14 million refund plus interest. The Internal Revenue Code directs taxpayers to value the items in a gross estate at their fair market value. Fractional ownership adds another problem in the valuation of an estate’s interest property. In general, courts have accepted fractional ownership discounts for real property. In contrast, courts have been reluctant to apply a fractional ownership discount for artwork. This Note will argue that …

Pharmaceutical Drug Pricing: The Internet As A Solution For This Health Issue Turned Financial Issue, Thomas P. Kelly

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the course of five decades, American annual expenditure on pharmaceutical drugs has increased by more than $350 billion. This drastic increase has led many patients to struggle to afford their necessary, and potentially life-saving, medications. Today’s high pharmaceutical prices are largely due to the fact that name-brand drug manufacturers have few restrictions on how much they can charge for their products. Additionally, name-brand manufacturers are able to monopolize the manufacture of their drugs because patent laws prevent other manufacturers from using the formula of these drugs for two decades. To combat these high prices, this Note proposes a partnership …

Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts

Brooklyn Journal of Corporate, Financial & Commercial Law

Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the Ninth …

Point-Of-Care Versus Central Testing Of Hemoglobin During Large Volume Blood Transfusion., Justin Herman, Brian Park, Bharat K. Awsare, Frances Mae West, Denine Crittendon, Lilah Evans, Mary Harach, Julie Karp, Alexis R. Peedin, Marianna Lanoue, Barbara Goldsmith, Eugene P. Warnick, Michael Baram

Division of Pulmonary, Allergy, and Critical Care Medicine Faculty Papers

BACKGROUND: Point-of-care (POC) hemoglobin testing has the potential to revolutionize massive transfusion strategies. No prior studies have compared POC and central laboratory testing of hemoglobin in patients undergoing massive transfusions.

METHODS: We retrospectively compared the results of our point-of-care hemoglobin test (EPOC®) to our core laboratory complete blood count (CBC) hemoglobin test (Sysmex XE-5000™) in patients undergoing massive transfusion protocols (MTP) for hemorrhage. One hundred seventy paired samples from 90 patients for whom MTP was activated were collected at a single, tertiary care hospital between 10/2011 and 10/2017. Patients had both an EPOC® and CBC hemoglobin performed within 30 min …

Comparison Of Three Different Techniques Of Inverted Internal Limiting Membrane Flap In Treatment Of Large Idiopathic Full-Thickness Macular Hole., Fariba Ghassemi, Hassan Khojasteh, Alireza Khodabande, Lauren A. Dalvin, Mehdi Mazloumi, Hamid Riazi-Esfahani, Masoud Mirghorbani

Wills Eye Hospital Papers

Purpose: To evaluate and compare three different techniques of inverted internal limiting membrane (ILM) flap in the treatment of large idiopathic full-thickness macular hole.

Methods: In a comparative interventional case series, 72 eyes from 72 patients with large (> 400 µm) full-thickness macular hole were randomly enrolled into three different groups: group A - hemicircular ILM peel with temporally hinged inverted flap; group B - circular ILM peel with temporally hinged inverted flap; and group C - circular ILM peel with superior inverted flap. Best-corrected visual acuity (BCVA), anatomical closure rate, and ellipsoid zone (EZ) or external limiting membrane (ELM) …

Did The Adoption Of Ifrs Affect Corporate Tax Avoidance?, Oliver Nnamdi Okafor, Akinloye Akindayomi, Hussein Warsame

School of Economics and Finance Faculty Publications

This article investigates whether the adoption of international financial reporting standards (IFRS) affected corporate tax avoidance in Canada. Based on a 3,200 firm-year data set of 400 publicly listed Canadian firms that adopted IFRS and 400 listed US firms, matched one-to-one using propensity score matching, the authors’ regression results show that IFRS adoption was followed by a decrease in corporate tax avoidance in Canada, at least in the short run. The study finds a significant increase in cash tax paid in the post-adoption period by Canadian firms that adopted IFRS compared to US firms that used US generally accepted accounting …

Defining Art Aesthetically : A Revision Of Iseminger's New Aestheticism, Yeung Yu

Lingnan Theses (MPhil & PhD)

My thesis attempts to provide an aesthetic definition of art.

The thesis is divided into three parts. The first part is a summary of the different attempts in defining art in contemporary analytic philosophy, beginning with a discussion of Morris Weitz’s famous paper “The Role of Theory in Aesthetics”, in which he appealed to Wittgenstein’s “family resemblance” idea while rejecting traditional essential definitions. His attempt has led to the appearance of contemporary essential definitions, whereby art is defined through different relational properties. This is followed by a critically review on Weitz’s claims and those definitions.

The second part focuses on …

Rochdale Village, Inc V. Richard

All Decisions

No abstract provided.

Bibliometric Study Of The Journal Of New Marketing Research, Mozaffar Cheshmehsohrabi, Reza Dehkhodaei

Library Philosophy and Practice (e-journal)

The objective here is first, to analyze the components of the trends of publishing, topics, methodology, authors status and references to the articles of the subject journal; and, next, to compare the content and structure of this journal with the criteria of new regulations on determining the credibility of the Iranian scientific journals. This study is run through a quantitative content analysis and evaluative methods. The statistical population consists of 372 published articles between 2011 and 2018. The findings reveal that the highest count of articles published in a year with a frequency of 80 is 2014 (21.4%). In …

Early High-Dose Vitamin D3 For Critically Ill, Vitamin D-Deficient Patients, Adit A. Ginde, Roy G. Brower, Jeffrey M. Caterino, Lani Finck, Valerie M. Banner-Goodspeed, Colin K. Grissom, Douglas Hayden, Catherine L. Hough, Robert C. Hyzy, Akram Khan, Joseph E. Levitt, Pauline K. Park, Nancy Ringwood, Emanuel P. Rivers, Wesley H. Self, Nathan I. Shapiro, B T. Thompson, Donald M. Yealy, Daniel Talmor

Emergency Medicine Articles

BACKGROUND: Vitamin D deficiency is a common, potentially reversible contributor to morbidity and mortality among critically ill patients. The potential benefits of vitamin D supplementation in acute critical illness require further study.

METHODS: We conducted a randomized, double-blind, placebo-controlled, phase 3 trial of early vitamin D3 supplementation in critically ill, vitamin D-deficient patients who were at high risk for death. Randomization occurred within 12 hours after the decision to admit the patient to an intensive care unit. Eligible patients received a single enteral dose of 540,000 IU of vitamin D3 or matched placebo. The primary end point was 90-day all-cause, …

To 13(B) Or Not To Be? How The Seventh Circuit’S Narrow Interpretation Of Remedies Under Section 13(B) Of The Ftc Act Leaves The Ftc Vulnerable, Jamie N. Noonan

Seventh Circuit Review

The Federal Trade Commission (“FTC”) has been the most efficient regulator of commerce for over a century. It serves as the primary line of defense against anticompetitive, deceptive, and unfair business practices. Between July 2017 and July 2018 alone the FTC obtained a total of 114 court orders totaling $563 million and led refund programs that delivered $2.3 billion in refunds to wronged customers. To continue obtaining such results and ensuring a fair marketplace, the FTC requires a broad range of enforcement powers. But key FTC enforcement powers under Section 13(b) of the FTC Act—the primary provision that the FTC …

Exposing The Unconstitutionality Of The Illinois Firearm Concealed Carry Act, Adam J. Share

Seventh Circuit Review

While the right to bear arms may be controversial, it is nonetheless provided by the Second Amendment to the United States Constitution. States are lawfully able to limit people’s right to bear arms to an extent but must not go so far where a State’s limits ultimately infringe upon that right. The Seventh Circuit in Culp v. Raoul pushed the limits to which a State may restrict a person’s Second Amendment right. In Culp, the court determined whether the Illinois Firearm Concealed Carry Act was constitutional. The Illinois Firearm Concealed Carry prohibits nonresidents from applying for an Illinois concealed …

Unreasonable: Judge Easterbrook, The Seventh Circuit, & The Deterioration Of Fourth Amendment Protection For Convicted Prisoners, Clayburn E. Arnold

Seventh Circuit Review

How limited are the constitutional rights of convicted prisoners? In a line of cases authored by Judge Easterbrook, the Seventh Circuit has allowed greater intrusion on Fourth Amendment privacy rights of prisoners than any other circuit. Today, even arbitrary and degrading visual body-cavity searches are deemed constitutional under this line of precedent. The deference to prison officials—who lack any meaningful oversite—is unwise, and leaves prisoners without a necessary protection against abuse. The Court should employ a workable standard that respects the rights of prisoners and protects them from abuse. Considering dignity within the realm of Fourth Amendment protections would meet …

When Insurance Companies Meet Their Match, The Seventh Circuit Resolves Ambiguous Replacement-Cost Policy Language, Sarah G. Anderson

Seventh Circuit Review

Disaster strikes and you, as a homeowner, are left with a partially damaged building. That is the first mess. The next mess? Arguing with your insurance company over your replacement-cost policy language. In cases of partial damage to property, replacement cost policies have often been ambiguous regarding what property the insurer will actually replace. If the siding on your house was damaged, you might wonder if the insurance company is replacing the siding on the whole house or just the siding on the side that was damaged? The insureds will argue that entire replacement should occur—for example, all the shingles …

Jurisdiction Means Jurisdiction Not Claims-Processing: The Seventh Circuit’S Flawed Approach To Pereira V. Sessions In Ortiz-Santiago V. Barr, Mayra Gomez

Seventh Circuit Review

“Jurisdiction is [not necessarily] a word of too many meanings.” Jurisdiction, in its most basic terms, refers to a court’s adjudicatory authority over a case or individual. However, courts’ holdings distinguishing between what is a jurisdictional rule and what is a claims-processing rule have left immigrants even more vulnerable to judges’ discretion. In Santiago-Ortiz v. Barr, the Seventh Circuit held that incomplete charging documents known as notices to appear do not present a jurisdictional question, but rather, a claims-processing one, violations of which can be forfeited if not raised in a timely manner. While some may refer to this distinction …

Vol.47 N.23 December 26th 2019, Vocie Media Ventures

Black Voice News

No abstract provided.

Coral Harbor Rehabilitation V. Nlrb

2019 Decisions

Agency

E. Trees To Ties To Track, Robert W. Lankston

Mining the Internet for Metadata

A series of photographs illustrating laying track for the Polleys Lumber Company railroad circa 1930 near Ronan, Montana. MMP photo umt010970

Genetic Perturbations Of Disease Risk Genes In Mice Capture Transcriptomic Signatures Of Late-Onset Alzheimer's Disease., Ravi S Pandey, Leah C. Graham, Asli Uyar, Christoph Preuss, Gareth R Howell, Gregory W. Carter

Faculty Research 2019

BACKGROUND: New genetic and genomic resources have identified multiple genetic risk factors for late-onset Alzheimer's disease (LOAD) and characterized this common dementia at the molecular level. Experimental studies in model organisms can validate these associations and elucidate the links between specific genetic factors and transcriptomic signatures. Animal models based on LOAD-associated genes can potentially connect common genetic variation with LOAD transcriptomes, thereby providing novel insights into basic biological mechanisms underlying the disease.

METHODS: We performed RNA-Seq on whole brain samples from a panel of six-month-old female mice, each carrying one of the following mutations: homozygous deletions of Apoe and Clu; …

Towards Perpetual Peace: The Dynamics Of Us And Vietnam Relations Since The Settlement Of Agent Orange Case In 2000, Bhakti Putra Utama, Shary Charlotte Pattipeilhy, Reni Windiani

Global: Jurnal Politik Internasional

Agent Orange is a toxic chemical liquid used by the United States military during the Vietnam War in 1955-1975. The use of chemical weapons is classified as a form of crime due to violations of international agreements. This research tries to explain how Agent Orange has become a significant factor in the dynamics of relations between the US and Vietnam. The dynamics will be analyzed using the concept by Immanuel Kant. There are 6 articles that must be done to achieve lasting peace, but this article only discusses articles 1, 5, and 6 which are the basis for the establishment …

Pakistan’S Macroeconomy: Current Situation And Way Forward, Ishrat Husain Dr.

Faculty Research - Talks, Speeches, & Discourse

I would like to place the current economic situation in the historical context. For the first decades 1950-1990 Pakistan was among the fastest growing economies in the developing world. This achievement was remarkable because Pakistan had inherited an economy without any industrial base; had to rehabilitate and absorb 8 million refugees – almost one fourth of the total population; had to fight a war with a much bigger and stronger neighbour in 1965; lost the Eastern Wing and suffered a trauma in 1971. In the 1970s all major industries, banks, educational institutions were nationalized. In 1980s the country participated in …

Taking Advantage Of Second Chances Through Reassessment, Benjamin D. Lee

Theses and Dissertations

A critical factor in Skills-Based Reporting is the opportunity for students to reassess in an effort to enhance learning. In this middle school, however, few students were taking advantage of the opportunity to reassess. The study focused specifically on investigating how Skills-Based Reporting impacted student mindset and to what extent parent involvement played a role in whether students chose to reassess or not to reassess. Students and parents from this middle-school setting shared their perceptions on Skills-Based Reporting. For use in the quantitative phase of the, a student survey was administered to each student in the middle school to collect …

Indonesia And United States General System Of Preference (Us-Gsp): Eligibility Of Indonesia As A Beneficiary Country, Achmad Ismail

Global: Jurnal Politik Internasional

After 3 years, precisely in 2018, the United States reviewed Indonesia's eligibility in receiving US-General System of Preference (US-GSP) facilities. Interestingly, the results of the review have not yet been published. This happens for the United States assumes that Indonesia implements various trade and investment barriers that have a negative impact on the United States, one of which is due to the policy of limiting imports of horticultural products, the implementation of Gerbang Pembayaran Nasional (GPN) and so on. Then with the current conditions, how about the eligibility of Indonesia if it want to receive GSP facilities. This article argues …

State V. Clark Respondent's Brief Dckt. 46890

Not Reported

No abstract provided.