Digital Commons Network^™

“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block

Brooklyn Journal of Corporate, Financial & Commercial Law

The Yellowstone injunction is an equitable remedy that tolls any applicable cure period and gives tenants a better opportunity to maintain their leasehold when they have defaulted under their lease. The remedy is available to commercial tenants in New York City and to commercial and residential tenants throughout the State. This Note examines the Yellowstone injunction in the context of New York City’s commercial tenants, who employ it most frequently and benefit most from its protections. This Note examines the development and application of the Yellowstone injunction and proposes changing the doctrine to exclude cases of monetary defaults and expired …

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 …

Artificial Intelligence & Artificial Prices: Safeguarding Securities Markets From Manipulation By Non-Human Actors, Daniel W. Slemmer

Brooklyn Journal of Corporate, Financial & Commercial Law

Securities traders are currently competing to use Artificial Intelligence (A.I.) in order to make more profitable decisions in the marketplace. While A.I. provides superior abilities in recognizing market patterns, its complexity can obscure its decision-making process beyond human comprehension. Problematically, the current securities laws prohibiting manipulation of securities prices rest liability for violations on a trader’s intent. In order to prepare for A.I. market participants, both courts and regulators need to accept that human concepts of decision-making will be inadequate in regulating A.I. behavior. However, the wealth of case law in the market manipulation doctrine need not be cast aside. …

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 …

Wild Animals On Our Doorstep, Andrew White

WellBeing News

The world over, wild animals pose a challenge to humans, from elephants in the savannah to coyotes in suburbia. Greyton, a community of 11,000 people about 80 miles from Cape Town, is not exempt. Here we have our own set of problems, including garden-raiding baboons, shared by many villages and cities in Southern Africa.

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 …

Scientometric Study Of Research Literature Output By Madras Medical College During 1989 -2018, Janarthanan Pichai, Nithyanandam Kannan Dr

Library Philosophy and Practice (e-journal)

Madras Medical College is the one of well-known premier medical institution, situated in Chennai. The data was collected using PubMed database during 1989-2018, there are 646 Publications were found. Analyzed for year wise growth shows 53(8.20%) Publications found during 1989-1993 and Highest 283(43.81%) Publication found during 2014-2018 Authorship pattern shows single author have contributed 35(5.42%), multi author have contributed 611 articles, the mean relative growth rate is 0.0835 and mean doubling time is 14.65. Prolific contributed authors rank 1 occupied by Anand Chockalingam contributed 14(2.16%), 2^nd by N, Deivanayagam contributed 13(2.01%),3^rd by Ottilingam Somasundaram contributed 12(1.86%). The mean …

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) …

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 …

Leonard Diepveen. Modernist Fraud: Hoax, Parody, Deception, Jayme Stayer

English: Faculty Publications and Other Works

Diepeveen has spent a considerable part of his career chasing after the tricky concept of intent, how authors or works signal it, and how interpretive communities respond to it. With his most recent book, he has brought a systematician’s rigour to the question of how modernism addresses, offends, or accounts for its various audiences. One of the most engaging elements of Modernist Fraud is how Diepeveen rescues authorial intention from the New Critical and Barthesian dustbins, revealing its centrality in the evaluation and understanding of art, in spite of its unpindownable nature. The paradox of intent is that its ‘evidentiary …

Molecular Serotype-Specific Identification Of Non-Type B Haemophilus Influenzae By Loop-Mediated Isothermal Amplification, Chika Takano, Yoko Kuramochi, Mitsuko Seki, Dong Wook Kim, Daisuke Omagari, Mari Sasano, Bin Chang, Makoto Ohnishi, Eun Jin Kim, Kazumasa Fuwa, Paul E. Kilgore, Tomonori Hoshino, Satoshi Hayakawa

Department of Pharmacy Practice

In children, the incidence of pneumococcal meningitis has decreased since the introduction of pneumococcal conjugate vaccine (PCV7 and PCV13). However, since the introduction of the vaccine, developed countries have seen the emergence of non-PCV13 serotypes. However, invasive pneumococcal disease (IPD) caused by PCV13-targeted serotypes still represents an important public health problem in resource-limited countries. To develop a rapid, simple, and cost-effective assay to detect serotypes of Streptococcus pneumoniae, we developed a novel loop-mediated isothermal amplification (LAMP) assay based on the sequences available for the 13 capsular types that are included in PCV13: 1, 3, 4, 5, 6 A, 6B, …

Analyzing The Characteristics Of Domestic Wastes In Belik River, The Special Region Of Yogyakarta, Indonesia, Suprayogi Slamet, Marfai Muh Aris, Cahyadi Ahmad, Latifah Reviana, Fatchurohman Hendy

ASEAN Journal on Science and Technology for Development

The multiplying number of population in the City of Yogyakarta has resulted in a larger volume of wastes in the region. People living on the riverbanks are unfortunately in the habit of discarding domestic waste directly to the river channel, worsening the already polluted water. This study was intended to analyze the characteristics of the municipal wastewater contaminating Belik River. During the water quality test, a rapid investigation method and laboratory analysis were employed. The sampling in the field was based on river segments and travel time of river water. Based on the laboratory test results, the concentrations of phosphate, …

The Women Against Violence Experiment (W.A.V.E.): Social Journalism Solutions To Help Immigrant Women Protect Themselves Against Abuse, Isadora Varejao

Capstones

The Women Against Violence Experiment (W.A.V.E.) is the product of a yearlong investigation about information gaps in New York’s Latina immigrant community. I interviewed two Brazilian-American immigration attorneys serving the Brazilian community and several Brazilian women living in New York, including victims and survivors of domestic violence, and found that immigrant women have little or no knowledge about the different forms of abuse to which they are vulnerable. No matter who perpetrates the abuse -- a partner, a boss, a landlord -- women don’t know about the resources available to protect their rights, such as free services and U.S. legislation. …

Comparing Sensitivity To Change Using The 6-Item Versus The 17-Item Hamilton Depression Rating Scale In The Guided Randomized Controlled Trial, Boadie W Dunlop, Sagar V Parikh, Anthony J Rothschild, Michael E Thase, Charles Debattista, Charles R Conway, Brent P Forester, Francis M Mondimore, Richard C Shelton, Matthew Macaluso, Jennifer Logan, Paul Traxler, James Li, Holly Johnson, John F Greden

Open Access Publications

BACKGROUND: Previous research suggests that the 17-item Hamilton Depression Rating Scale (HAM-D17) is less sensitive in detecting differences between active treatment and placebo for major depressive disorder (MDD) than is the HAM-D6 scale, which focuses on six core depression symptoms. Whether HAM-D6 shows greater sensitivity when comparing two active MDD treatment arms is unknown.

METHODS: This post hoc analysis used data from the intent-to-treat (ITT) cohort (N = 1541) of the Genomics Used to Improve DEpression Decisions (GUIDED) trial, a rater- and patient-blinded randomized controlled trial. GUIDED compared combinatorial pharmacogenomics-guided care with treatment as usual (TAU) in patients with MDD. …

Randy Raymond

African American Funeral Programs

No abstract provided.

A Simple Mooring Modification Reduces Impacts On Seagrass Meadows, Anna L. Luff, Emma V. Sheehan, Mark Parry, Nicholas D. Higgs

School of Biological and Marine Sciences

AbstractMoorings can have a detrimental impact on seagrass, fragmenting the meadows, resulting in the habitat degradation. To reduce contact of the moorings with the seabed we attached small floats along the chain of a traditional swing mooring and monitored the ecological impacts of this modified mooring, with reference to a standard swing mooring, in a seagrass meadow under high tidal influence. After three years, seagrass density surrounding the modified mooring was over twice as high as that of the standard mooring, with blade length surrounding the modified mooring also found to exceed that of the standard mooring. Seagrass-associated epifaunal species …

Professionalism And Leadership In Medical Education: How Do They Differ And How Are They Related?, Lj Hardy, H Neve

Peninsula Medical School

It is widely accepted that both professionalism and leadership are important in medicine, and in recent years have been defined and mandated by the General Medical Council (GMC 2016, 2017, 2018). Yet the definitions of each are complex, vary between cultures and will almost certainly continue to be debated. Both are social constructs and there is undoubtedly a close association and significant overlap between the two. So how do we see the relationship between ‘professionalism’ and ‘leadership’? Are they identical twins, sharing DNA which makes it impossible to differentiate between them in anything but name? Or siblings who share some …

Intercountry Adoption: Testing Out The Child Before You Purchase Intensive Look At The Home Study And Placement Supervision Of Intercountry Adoption, Jessica Etienne Esq.

Child and Family Law Journal

No abstract provided.

The Human Right To A Fair Start In Life, Matthew Hamity Esq.

Child and Family Law Journal

No abstract provided.

The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi

Child and Family Law Journal

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 …

Intelligent Sim Switching In A Multi-Sim Computing Device, Shivank Nayak, Sooraj Sasindran, Jayachandran Chinnakkannu

Defensive Publications Series

A system is described that enables a computing device (e.g., a mobile phone, a tablet computer, a laptop computer, etc.) to intelligently determine whether to move a data connection from a default data subscriber identity module (DDS) to a non-default data subscriber identity module (non-DDS) when initiating a voice call or during an on-going voice call on the non-DDS in a multiple subscriber identity module (multi-SIM) computing device based on a current state of the computing device. The current state of the computing device may be determined based on various contextual signals, including data usage for each application on the …

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 …

Chasing Title Ix: Examining The Circular Effects Of Title Ix From An Unpopular Perspective, Mitchell W. Bild

Seventh Circuit Review

The rise in sexual misconduct awareness campaigns, particularly on college campuses, has brought a traditionally-taboo subject to the fore of national discourse. Accordingly, the federal government has required public institutions of higher education to respond aggressively to accusations of sexual misconduct by expanding the reach of Title IX’s prohibition on sex discrimination and relaxing adjudicative procedures. To enforce these changes, the U.S. Department of Education threatened to withdraw federal funding from institutions that failed to comply with its mandates after engaging in public investigations, therefore resulting in financial and reputational ruin. This aggressive practice has resulted in a systematic and …

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 …