1,442 research outputs found
Rescission, Restitution, and the Principle of Fair Redress: A Response to Professors Brooks and Stremitzer
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Analyzing China’s contributions to major dermatologic journals from the past 20 years
Background: Over the past 20 years, China has experienced an increased popularity of Western medicine. The impact of Western medicine in China on the field of dermatology is not well characterized. Objective: To assess the impact China has had on the field of dermatology by analyzing the total publications to six dermatological journals, compared to two other Asian countries: Japan and Korea. Methods: PubMed was utilized to search for publications from China, Japan, and Korea within the past 20 years. Descriptive statistics were used to determine the average percentage change in publications during this 20-year period, and the average annual increase in total number of publications from each country. Comparisons were made using one-way ANOVA and two-group t-tests. Results: From 1998 to 2019, there was a 24% average annual increase in publications from China (M=24.4, SD=24.5), compared to a 6% increase from Japan (M=5.6, SD=25.4, P=0.02) and 8% increase from Korea (M=7.8, SD=23.4, P=0.03). Conclusion: For the past 20 years, there has been a strong positive trend regarding the total number of publications from China. This finding might be related in part to an increased acceptance of Western medicine, which follows a similar trend during the time period we analyzed
The Design, Implementation, and Refinement of Wait-Free Algorithms and Containers
My research has been on the development of concurrent algorithms for shared memory systems that provide guarantees of progress. Research into such algorithms is important to developers implementing applications on mission critical and time sensitive systems. These guarantees of progress provide safety properties and freedom from many hazards, such as dead-lock, live-lock, and thread starvation. In addition to the safety concerns, the fine-grained synchronization used in implementing these algorithms promises to provide scalable performance in massively parallel systems. My research has resulted in the development of wait-free versions of the stack, hash map, ring buffer, vector, and a multi-word compare-and-swap algorithms. Through this experience, I have learned and developed new techniques and methodologies for implementing non-blocking and wait-free algorithms. I have worked with and refined existing techniques to improve their practicality and applicability. In the creation of the aforementioned algorithms, I have developed an association model for use with descriptor-based operations. This model, originally developed for the multi-word compare-and-swap algorithm, has been applied to the design of the vector and ring buffer algorithms. To unify these algorithms and techniques, I have released Tervel, a wait-free library of common algorithms and containers. This library includes a framework that simplifies and improves the design of non-blocking algorithms. I have reimplemented several algorithms using this framework and the resulting implementation exhibits less code duplication and fewer perceivable states. When reimplementing algorithms, I have adapted their Application Programming Interface (API) specification to remove ambiguity and non-deterministic behavior found when using a sequential API in a concurrent environment. To improve the performance of my algorithm implementations, I extended OVIS\u27s Lightweight Distributed Metric Service (LDMS)\u27s data collection and transport system to support performance monitoring using perf_event and PAPI libraries. These libraries have provided me with deeper insights into the behavior of my algorithms, and I was able to use these insights to improve the design and performance of my algorithms
Statutes and Rules of Law as Implied Contract Terms: The Divergent Approaches and a Proposed Solution
Pre-Dispute Arbitration Agreements, Freedom Of Contract, And The Economic Duress Defense: A Critique Of Three Commentaries
Arbitration under the Federal Arbitration Act (FAA) is the most important topic in current contract law and commentary. The Supreme Court has issued eight merits decisions construing the FAA since 2011, the lower state and federal courts issued more than 1,000 decisions considering the FAA in 2014, and there were 81 fulllength articles, notes, and comments on arbitration in the same year. Recently, three commentators, Professor Margaret Jane Radin of the University of Michigan Law School, Professor Nancy S. Kim of the California Western School of Law, and former Lecturer in Law James P. Dawson of the Yale Law School, have proposed the use of an expanded economic duress defense to help consumers combat unfair pre-dispute arbitration agreements. This Article summarizes each commentator’s position and identifies my concerns. While such arbitration clauses can sometimes be unfair, all three proposals are flawed on numerous grounds. The primary problem is that the authors’ revised duress doctrines draw unworkable distinctions between improper coercion of offerees and legitimate bargaining techniques in a free market society. My analysis is the first in the legal literature that comprehensively discusses the connection between the economic duress defense generally and FAA arbitration specifically. As I will demonstrate, the two subject areas emphasize freedom of contract as they promote the necessary certainty and predictability of contractual relations. Thus, they accomplish the proper balance between binding the buyer to the arbitral process he agreed to in the contract and prohibiting the seller from enforcing a bargain if he procured it through unduly coercive tactics
Mutual Assent, Normative Degradation, and Mass Market Standard Form Contracts––A Two-Part Critique of Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law (Part I)
Although her book has achieved great renown, receiving high praise from prominent commentators, with plaudits such as “groundbreaking,” “a great achievement,” and a “masterpiece,” I respectfully suggest that the book has problems on both doctrinal and normative grounds. In my Article, I summarize the author’s argument on normative degradation, identify my concerns, and propose an alternative formulation. My counter thesis is that both statute and court decisions properly support consumer rights in the area of voluntary consent for mass-market standard form contracts. Besides being the first full-length critique of Boilerplate, this Article also has contributed some original observations to the secondary literature, most prominently identifying a division of authority on whether mutual assent and freedom of contract exist with adhesion contracts. I also provide a solution for these conflicts. Because a valid normative and legal argument must reflect accurate doctrinal principles, I question the views of those commentators praising Radin’s book as a valuable contribution to contract law
The Administrative Procedure Act’s Notice and Comment Requirements: “Good Cause” for Further Delay in the Implementation of the Clean Air Act?
Does Government Contracting Have a Remedies Problem? A Response to Eric M. Singer, Competitive Public Contracts
In his provocative article, Competitive Public Contracts, Eric M. Singer claims that deficient contractor performance is inherent in government contracting. Singer asserts that, “fundamentally,” public purchasing has a “contract-remedies problem”—the absence of both any “credible threat” and any “effective contract remedy to deter or correct [contractor] misbehavior.” Unlike private buyers, who have plausible threats to motivate contractors to perform properly, governments are said to “often” labor under intrinsic and extrinsic limitations that undermine remedial alternatives. Consequently, Singer argues that governments (especially state and local agencies) have no “effective contract remedy” to induce improved contractor performance. Among these “ineffective” remedies, according to Singer, are terminations for default and past performance assessments of contractors. This Response proceeds as follows: Part I disputes Singer’s charge that termination for default fails as a contractor control mechanism. Part II disagrees with Singer’s descriptive claim that agencies “underutilize[]” even “useful” past performance assessments. He contends, without empirical support, that government actors “frequently elect not to advertise” contractor performance failures for fears of both generating bid protests from the slighted firm and impugning the integrity of the procurement officer that awarded the earlier contract. Part III asserts that, besides raising efficiency issues, CDS is not legally workable because it conflicts with the principles of default terminations and contract options. Rather than being inherently problematic, current remedies in government contracting reflect the reality that “[t]he Government wields enormous powers in its contractual relations.
The Comptroller General\u27s Authority to Examine Contractor Books and Records after Bowsher v. Merck and Company: The Need for Legislative Reform
Expanded Merchant Tort Liability, Democratic Degradation, and Mass Market Standard Form Contracts—A Two-Part Critique of Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law (Part II)
Analyzing a difficult subject that pervades contract law and which is vital to the national economy, many scholars have written about boilerplate contracts. With her 2013 book, Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law, Professor Margaret Jane Radin weighs in on the discussion. In a complement to existing contract remedies against abusive boilerplate, she proposes a new tort that she calls “intentional deprivation of basic legal rights.” She also identifies another new tort theory that deems abusive boilerplate to be a defective “product” under the law of products liability.
Radin further contends that these merchant practices with their wide scale forfeiture of citizen rights threaten the democratic order previously maintained by the state’s legal rights regime. Radin terms this latter phenomenon “democratic degradation.” Radin’s tort reforms for alleviating this perceived degradation are the focus of this Article.
Although her book has achieved great renown, receiving high praise from a number of prominent commentators, with plaudits such as “groundbreaking,” “a great achievement,” and a “masterpiece,” I respectfully suggest that her reforms have problems on doctrinal and normative grounds. In my Article, I summarize the author’s argument, identify my concerns, and propose an alternative formulation. My counter-thesis is that expanded merchant tort liability is unnecessary and counterproductive. Case law and statutory law already provide courts with effective remedial tools; furthermore, these doctrines take a pro-consumer perspective in key areas of mass market standard form contracting
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