744 research outputs found
Nothing New Under the Sun: How the Legal Profession's Twenty-First Century Challenges Resemble Those of the Turn of the Twentieth Century
No full textThese divergent observations reflect the legal profession’s uneasy relationship with its past. Central to the work of lawyers is precedent, a form of history. But when it comes to our own history, lawyers, judges, and legal scholars tend to have short memories and to engage in what Martin Flaherty describes as “history lite.” For example, many bar leaders today refer to the “good old days” when lawyers did not advertise. In fact, John Marshall, while sitting as Chief Justice, provided a testimonial for a lawyer advertisement, attesting to his “entire confidence” in, and the “ability, integrity, and promptitude” of, attorney David Hoffman, who ironically happened to be the author of the first American code of legal ethics.
In this Essay, we take a small step toward bringing history to bear on debates regarding the legal profession today. Rather than seeking normative lessons, this Essay seeks simply to offer context for contemporary debates. In particular, we explore five crises that faced the legal profession at the turn of the twentieth century and that face the legal profession once again today. These are: (1) the debate regarding the vitality of the Business-Profession dichotomy; (2) the question of whether lawyers are responsible for encouraging business clients to pursue the public good; (3) the issue of whether lawyers should have control of the market for legal services; (4) the need to reform legal education; and (5) the management of a dramatic increase in diversity in the legal profession.
To examine these five crises, we draw upon Julius Henry Cohen’s classic work, The Law: Business or Profession? published in 1916. Cohen offers what is probably the most extensive contemporary account of the challenges facing the turn of the twentieth century legal profession. Cohen accordingly provides a historical context for the turn of the twentieth century crises that in turn illuminates the similar crises that the bar faces at the turn of the twenty-first century. By comparing Cohen’s world to our own, we hope to show how the legal profession’s responses to these dilemmas have varied over time and to suggest that today’s status quo is neither traditional nor inevitable. Indeed, challenging the legal profession’s assumptions regarding its traditions is a necessary step in refining both the descriptions of, and prescriptions for, the current crises
As Equal as Others? Rethinking Access to Discrimination Law
No full textThe purpose of employment discrimination law is to ensure fair and equal conditions in the workplace by preventing and remedying differential treatment based on certain protected characteristics, such as race, sex, and age. However, the federal anti-discrimination claiming system as presently constructed cannot achieve this mandate. The current system excludes close to one-fifth of the American workforce outright, and prevents even greater numbers of individuals from seeking redress for reasons unrelated to the merits of their claims. Stringent statutory requisites as to covered employers, administrative exhaustion, and the limitations period create barriers to access that not only prevent individuals from obtaining relief but permit discrimination to persist on a systemic level, hobbling realization of the anti-discrimination mandate. Thus, there is a fundamental tension between the broad aspirations of anti-discrimination law and the narrow constraints of the claiming system intended to enforce it.
Recent scholarship in the employment discrimination area has focused upon the structure of discrimination claims, i.e., whether the required elements of proof and burden-shifting framework are effective in addressing racism, sexism and other biases in the workplace, or whether a new, more fluid schema is required to capture the complexities of modern prejudice and its many manifestations. These articles do not speak to the more fundamental question of access to employment discrimination law.
This Article argues that there are costs associated with excluding people from coverage, including significantly diminishing the ability of discrimination law to eliminate discrimination. The Article shows how most of the arguments used for limiting the reach of employment law have never been substantiated, have been diminished by changing circumstances, or can be alleviated by altering the statutory regimes in important ways.
This Article breaks new ground by identifying the conflict between the broad goals of employment discrimination law and the limited protections of the anti-discrimination claiming system, and proposing bold systemic restructuring to widen access, while taking into account countervailing concerns such as overburdening and cost. Part I examines the evolution of the federal employment statutes. Part II considers the nature of the barriers to access, their merits as well as the problems they create.
Finally, Part III re-envisions the requirements of the anti-discrimination claiming system and offers a proposal whereby: (1) all employees would be covered by the federal anti-discrimination statutes and given access to the Equal Employment Opportunity Commission, which would have adjudicative, rather than merely investigative, authority over claims; (2) individuals employed by larger companies would be permitted to opt out of the EEOC process and proceed directly to federal court; and (3) individuals bringing claims in either forum would be given a minimum two-year statute of limitations in which to do so. These reforms would better achieve the goal of anti-discrimination law by providing protection to a wider spectrum of individuals and claims, while enabling the system to operate more effectively
The Self-Assessed Writer: Harnessing Fiction Writing Processes to Understand Ourselves as Legal Writers and Maximize Legal Writing Productivity
No full textA 200Gb/s PAM-4 Transmitter with Hybrid Sub-Sampling PLL in 28nm CMOS Technology
No full textThis paper presents a complete 200Gb/s PAM-4 transmitter (TX) in 28nm CMOS technology. The transmitter features a hybrid sub-sampling PLL (SSPLL) with a delta-sigma (?S) modulator, clock distribution network with flexible timing control, and data path with a hybrid 5-tap Feed-Forward Equalizer (FFE) and T-coil for bandwidth extension. The prototype chip achieves 4.69 pJ/bit efficiency, 54mV eye height, 0.27UI eye width, and 97% RLM under -6dB channel loss at 50GHz. Green Open Access added to TU Delft Institutional Repository 'You share, we take care!' - Taverne project https://www.openaccess.nl/en/you-share-we-take-care Otherwise as indicated in the copyright section: the publisher is the copyright holder of this work and the author uses the Dutch legislation to make this work public.Electronic Instrumentatio
Polymer-based treatments to control runoff, leachate and erosion from engineered slopes at Simfer Mine, Guinea, Africa
No full textIt is necessary to understand the erodibility and hydrological response of mine-site slope forming materials (SFMs), because of increasing awareness of the environmental impacts of mining. Steep engineered slopes in high intensity rainfall environments present a serious erosion risk. Temporary surface stabilisers, such as polyacrylamides (PAMs) and polyvinylacrylic latex (PVALs) are potentially cost effective erosion control solutions. In this study PAM and PVAL efficacy to reduce runoff, leachate and erosion was assessed at two application rates, with and without gypsum on SFMs from an iron ore mine in Guinea (West Africa). NSPASS (near-surface photogrammetry assessment of slope forming materials’ surface roughness) is a novel method that integrates digital image capture and GIS. It is shown to detect and quantify surface micro-relief changes of 2-3 mm, not visible to the naked eye.
As expected, soil and non-soil SFMs were significantly different in terms of their physical and chemical properties. Phase I of the study investigated the erodibility of ten SFMs, including soil, ore and waste-rock. The results indicate that the hydrological response to rainfall of most SFMs is to generate leachate. Weathered phyllite (PHY-WEA) is the most erodible SFM by both runoff and leachate. Multiple regression analysis demonstrated that magnetic susceptibility, mineralogy and dry aggregate distribution; parameters not commonly assessed in erosion studies, are important in explaining SFM erodibility and hydrological response.
Phase II evaluated critically the effectiveness of three commercially available polymer solutions (two PAMs and one PVAL) at reducing runoff, leachate and erosion from four of the most erodible SFMs identified in Phase I. The results indicate that some PAM and PVAL treatments significantly reduce runoff, leachate and erosion. Polymer efficacy is highly dependent on the physical and chemical properties of the SFM, as well as the mechanism of polymer to SFM adsorption. Increasing the application rate of select treatments lowered leachate volumes, runoff and leachate total sediment loads. Contrary to previous studies, gypsum amendments did not significantly improve polymer efficiency.
This research has added to our understanding of the erodibility and hydrological response of soil and non-soil SFMs. This is the first study to evaluate critically the efficacy of PVALs in controlling erosion from mine-site SFMs. Future studies should continue to optimise NSPASS performance in monitoring changes in surface micro-relief
Profile of Pam Allen, author of many knitting books, former editor of the magazi
No full textProfile of Pam Allen, author of many knitting books, former editor of the magazine, Interweave Knits, and owner of the Quince & Co. yarn company founded in 2010. Quince & Co., based in Portland with Biddeford-made yarns, sells its product at a few stores and online. Allen hopes to one day produce seasonal yarn from animals raised in Maine
Optical PAM-4 signal generation using a silicon Mach-Zehnder optical modulator
No full textAn analytic model is proposed to study the linearity performance of the silicon Mach-Zehnder optical modulator. According to the simulation results, we optimize the width of the silicon rib waveguide and the location of the PN junction to improve the linearity performance. The fabricated silicon Mach- Zehnder optical modulator has a spurious free dynamic range of 113.3 dB.Hz(2/3) and 88.9 dB.Hz(1/2) for the third-order intermodulation distortion and the second-order harmonic distortion. We also demonstrate the optical fourlevel pulse-amplitude-modulation (PAM-4) signal generation through the device. The generated optical PAM-4 signal is characterized at the rates up to 35 Gbaud. The BERs of the optical PAM-4 signals can reach 5.2x10(-6) at 20 Gbaud and 6.6x10(-5) at 32 Gbaud, which are much lower than the threshold of hard decision forward error correction (3.8x10(-3)). (C) 2017 Optical Society of AmericaProgram 863 [2015AA015503, 2015AA017001]; National Key R&D Program of China [2017YFA0206402, 2016YFB0402501]; National Natural Science Foundation of China (NSFC) [61535002, 61505198, 61235001, 61575187, 61377067]SCI(E)ARTICLE1923003-230132
Pam Sherman
No full textPam Sherman is a nationally syndicated columnist (The Suburban Outlaw), actor, recovering lawyer and leadership consultant who was profiled in People magazine about her career transition from attorney to actor. She will portray Erma in Erma Bombeck: At Wit\u27s End at Geva Theatre Center in Rochester, New York, Jan. 25-Feb. 11, 2018. She\u27s the author of The Suburban Outlaw: Tales from the EDGE, an ironic look at life in suburbia
Cas4 Facilitates PAM-Compatible Spacer Selection during CRISPR Adaptation
No full textCRISPR-Cas systems adapt their immunological memory against their invaders by integrating short DNA fragments into clustered regularly interspaced short palindromic repeat (CRISPR) loci. While Cas1 and Cas2 make up the core machinery of the CRISPR integration process, various class I and II CRISPR-Cas systems encode Cas4 proteins for which the role is unknown. Here, we introduced the CRISPR adaptation genes cas1, cas2, and cas4 from the type I-D CRISPR-Cas system of Synechocystis sp. 6803 into Escherichia coli and observed that cas4 is strictly required for the selection of targets with protospacer adjacent motifs (PAMs) conferring I-D CRISPR interference in the native host Synechocystis. We propose a model in which Cas4 assists the CRISPR adaptation complex Cas1-2 by providing DNA substrates tailored for the correct PAM. Introducing functional spacers that target DNA sequences with the correct PAM is key to successful CRISPR interference, providing a better chance of surviving infection by mobile genetic elements. Kieper et al. demonstrate that the ubiquitous protein Cas4 assists Cas1 and Cas2 in the selection of new CRISPR spacers with a PAM licensing efficient CRISPR interference.BN/Stan Brouns LabBN/Technici en Analiste
COMPARING THE PROFITABILITY OF CASSAVA-BASED PRODUCTION SYSTEMS IN THREE WEST AFRICAN COUNTRIES: COTE D'IVOIRE, GHANA AND NIGERIA
No full textSub-Saharan Africa (SSA) cassava-producing countries such as Nigeria, Ghana, and Côte d'Ivoire have developed, in recent years, a renewed interest in cassava as an alternative food crop. This has led to a major expansion in cassava-based production systems in Nigeria and Ghana, whereas there has been a slower growth in Côte d'Ivoire (Nweke et al., 1998). This paper is based on the argument that the difference in various factors such as agricultural policies (i.e., trade and price policies, domestic production taxes or subsidies), location and technologies (production and processing) between Nigeria, Ghana and Côte d'Ivoire the difference in the level of growth in cassava-based production systems. The paper examines, using the Policy Analysis Matrix (PAM), the magnitude of the impact of these factors on the private and social profitability of cassava production and post-production processing in Côte d'Ivoire, Ghana and Nigeria. The topic has not been examined in previous studies. The paper relies primarily on data for Côte d'Ivoire, Ghana and Nigeria from the Collaborative Study of Cassava in Africa (COSCA) survey. The baseline results demonstrate the similarity in efficiencies of production in these West African countries. The simulation findings indicated that, in Côte d'Ivoire, farmers benefited from the depreciation of the equilibrium exchange rate while farmers in Ghana and Nigeria suffered losses. Simulation results also indicated that Ivorian and Ghanaian cassava/maize farmers could benefit from growing IITA's improved variety and adopting mechanized processing methods.Crop Production/Industries,
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