Digital Commons Network^™

Response Essay: The Personhood Rationale And Its Impact On The Durability Of Private Claims To Public Property, Alexandra Klass

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No abstract provided.

People Who Are Not Legal And Who Are Not Alive In The Eyes Of The Law, Richard W. Painter

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No abstract provided.

An Exploration Of "Non-Economic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

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Using three primary data sources plus three supplemental sources discussed in an appendix, this paper examines how well non-economic damages could be predicted by economic damages and at how the ratio of non-economic damages to economic damages changed as the magnitude of the economic damages awarded by juries increased. We found a mixture of consistent and inconsistent patterns across our various datasets. One fairly consistent pattern was the tendency for the ratio of non-economic to economic damages to decline as the amount of economic damages increased. Moreover, the variability of the ratio also tended to decline as the amount of …

Gastro-Topogrophy: Exploring Food-Related Placenames In Ireland, Máirtín Mac Con Iomaire

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Most Irish people likely have little or no knowledge of the richness and variety of their ancestor’s diet before the arrival of the potato. For generations, food was considered far too common to be considered a field of study. Considering the primacy of food in people’s lives generally throughout history, it is logical that food be reflected in toponymic references to environment and landscape. This article taps into a wide range of material including poetry, prose, travellers’ reports, mythology, folklore, letters, shipping records, and archaeological evidence, both to contextualize the food-related placenames of Ireland, and to explore what Irish placenames …

Administering The Tax System We Have, Kristin Hickman

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Traditional perceptions of tax exceptionalism from administrative law doctrines and requirements have been predicated at least in part on the importance of the tax code’s revenue raising function. Yet, Congress increasingly relies on the IRS to administer government programs that have little to do with raising revenue and much more to do with distributing government benefits to the economically disadvantaged, subsidizing approved activities, and regulating outright certain economic sectors like nonprofits, pensions, and now health care. As the attentions of the Treasury Department and Internal Revenue Service shift away from raising revenue and toward these other matters, the revenue-based justification …

Bringing A World Of Light To Technology And Judicial Ethics, David Hricik

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The Luddites thought that by smashing machines in early 19th Century England, they could eliminate the threat that those machines presented to them. Of course, they were wrong. As was the case during the Luddites’ time, technology continues to march inexorably onward in today’s society. As a result, those within the legal community—judges in particular—have no choice but to begin using technology. Although judges are currently using technology, they sometimes do so without understanding what they are doing.

Already, today’s “new-fangled” contraptions have ensnared judges. Perhaps the most widely known example is Judge Kozinski of the United States Court of …

''They All Seem To Have Inherited The Horrible Ugliness And Sewer Filth Of Sex'' : Catholic Guilt In Selected Works By John Mcgahern (1934-2006), Eamon Maher

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No abstract provided.

H-Index For Quantifying The Fractal Or Scaling Structure Of Geographic Features, Bin Jiang, Junjun Yin

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Although geographic features, such as mountains and coastlines, are fractal, some studies have claimed that the fractal property is not universal. This claim, which is dubious, is mainly attributed to the strict definition of fractal dimension as a measure or index for characterizing the complexity of fractals. In this article, we propose an alternative, ht-index, to quantify the fractal or scaling structure of geographic features. A geographic feature has ht-index (h) if the pattern of far more small things than large ones recurs (h – 1) times at different scales. The higher the ht-index, the more complex …

Mitigating The Impacts Of The Renewable Energy Gold Rush, Amy Wilson Morris, Jessica Owley

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No abstract provided.

Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz

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No abstract provided.

The Forkhead Transcription Factor, Foxp3: A Critical Role In Male Fertility In Mice., Jake S Jasurda, Deborah O Jung, Erin D Froeter, David B Schwartz, Torin D Hopkins, Corrie L Farris, Stacey Mcgee, Prema Narayan, Buffy S Ellsworth

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Fertility is dependent on the hypothalamic-pituitary-gonadal axis. Each component of this axis is essential for normal reproductive function. Mice with a mutation in the forkhead transcription factor gene, Foxp3, exhibit autoimmunity and infertility. We have previously shown that Foxp3 mutant mice have significantly reduced expression of pituitary gonadotropins. To address the role of Foxp3 in gonadal function, we examined the gonadal phenotype of these mice. Foxp3 mutant mice have significantly reduced seminal vesicle and testis weights compared with Foxp3(+/Y) littermates. Spermatogenesis in Foxp3 mutant males is arrested prior to spermatid elongation. Activation of luteinizing hormone signaling in Foxp3 mutant mice …

Feeling Another's Pain: Sympathy And Psychology Saga Style, William I. Miller

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Progress is hardly a given in the humanities or the suspect sciences. In many ways we are not quite as astute as our grandparents, and they not as much as theirs, and so forth in an infinite entropic regress. Would I trade Montaigne or Stendhal’s psychological acumen for even the best work that comes from social psychology departments? In this short essay I want to show just how good some medieval people, medieval Icelanders to be exact, were at understanding the mental and emotional states of others, and if of others then presumably, though not necessarily, also of themselves. And …

Formalism And Employer Liability Under Title Vii, Samuel R. Bagenstos

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Most lawyers, law professors, and judges are familiar with two standard critiques of formalism in legal reasoning. One is the unacknowledged-policymaking critique. This critique argues that formalist reasoning purports to be above judicial policymaking but instead simply hides the policy decisions offstage. The other is the false-determinacy critique. This critique observes that formalist reasoning purports to reduce decision costs in the run of cases by sorting cases into defined categories, but argues that instead of going away the difficult questions of application migrate to the choice of the category in which to place a particular case.

Comparison Of Colour Duplex Ultrasound With Computed Tomography To Measure The Maximum Abdominal Aortic Aneurysmal Diameter, Patrick J. Goodman, C. Gray, S.A. Badger, M.K. O’Malley, M.K. O’Donohoe, C.O. Mcdonnell

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Maximum diameter of an abdominal aortic aneurysm (AAA) is themain indication for surgery. This study compared colour duplex ultrasound (CDU) and computed tomography (CT) in assessing AAA diameter. Patients andMethods. Patients were included if they had both scans performed within 90 days. Pearson’s correlation coefficient, paired t-test, and limits of agreement (LOA) were calculated for the whole group. Subgroup analysis of small (6.5 cm) aneurysms was performed. A P value of

Bacterial Inactivation By High Voltage Atmospheric Cold Plasma: Influence Of Process Parameters And Effects On Cell Leakage And Dna, Lu Han, Sonal Patil, Kevin M. Keener, Patrick J. Cullen, Paula Bourke

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Aims: This study investigated a range of atmospheric cold plasma (ACP) process parameters for bacterial inactivation with further investigation of selected parameters on cell membrane integrity and DNA damage. The effects of high voltage levels, mode of exposure, gas mixture and treatment time against Escherichia coli and Listeria monocytogenes were examined.

Methods and Results: 10⁸ CFU ml^-1 E. coli ATCC 25922, E. coli NCTC 12900 and L. monocytogenes NCTC11994 were ACP treated in 10ml phosphate buffered saline (PBS). Working gas mixtures used were; Air (gas mix 1), 90% N₂+10% O₂ (gas mix 2) and 65% …

From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis

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No abstract provided.

Lawyers Beware: You Are What You Post - The Case For Integrating Cultural Competence, Legal Ethics, And Social Media, Jan L. Jacobowitz

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No abstract provided.

Why The Buffett-Gates Giving Pledge Requires Limitation Of The Estate Tax Charitable Deduction, Edward A. Zelinsky

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The Buffett-Gates Giving Pledge, under which wealthy individuals promise to leave a majority of their assets to charity, is an admirable effort to encourage philanthropy. However, the Pledge requires us to confront the paradox that the federal estate tax charitable deduction is unlimited while the federal income tax charitable deduction is capped. If a Giving Pledger leaves his wealth to charity, the federal fisc loses significant revenue since the Pledger thereby avoids federal estate taxation as charitable bequests are deductible without limit for federal estate tax purposes. Despite its laudable qualities, the Giving Pledge is a systematic (albeit inadvertent) threat …

The Anomaly Of Entrapment, Jessica A. Roth

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Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying threats too late, government agents are moving aggressively to identify potential terrorists before they strike. Undercover agents and confidential informants necessarily play a large role in such efforts. As a result of such operations, we have seen a number of cases brought to trial in the federal courts in which defendants have asserted the entrapment defense. To date, the defense has not succeeded. However, as a consequence of these cases, the United States Supreme Court may …

The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine

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The state secrets privilege, originally established in United States v. Reynolds, has evolved into a powerful tool for the Executive to shield actions from judicial scrutiny, undermining the rule of law and constitutional checks and balances. This expansion, driven by judicial deference and circuit court interpretations, now prioritizes national security over accountability, threatening core legal principles. The article argues for reform to balance national security concerns with judicial oversight and individual rights.

Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein

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A popular and intuitively plausible argument for the rights of lesbians, gay men and bisexuals (LGB people) focuses on the claim that sexual orientations are inborn and/or unchangeable. This argument draws on three sources: ethical, scientific, and legal. The scientific source is the widely held observation that people generally (and LGB people particularly) do not choose their sexual orientation. This observation is buttressed by claims about the causes and character of human sexuality. The ethical source is the general intuition that people should not be punished for something that they did not choose. Together, these ethical and scientific beliefs lead …

Fear Of An Undeterrable Other, Fredrick E. Vars

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America is presently fighting a war on terror and a war on sex offenders. In each, the government openly detains hundreds of individuals not for what they have done, but for what they might do. Some warn that this greatest restriction on liberty may expand to other types of people. This Article examines the risk of such expansion by putting our current wars in historical perspective. The two main conclusions are: (1) some categories of people detained in prior periods are not being detained today; and (2) the risk of expansion is real but lower than previously suggested.

Untangling The Mystery Of Teaching Business Organizations, Susan Pace Hamill

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Drawing on over 20 years of experience this article outlines my pedagogy for teaching Business Organizations To help students make sense out of what initially appears to be a disorganized mess I organize the course to loosely follow the historical evolution of business organizations I start with the general partnership the oldest form After explaining how and why corporate general laws evolved in the late 19th and early 20th centuries I transition to corporate law as it applies to big business I start with shareholders rights and then move to the fiduciary duties owed by the board of directors In …

Two Models Of Unpatentable Subject Matter, Alan L. Durham

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Patentable subject matter has become one of the most controversial areas of patent law Efforts to articulate a lucid and productive theory of patentable subject matter must acknowledge that there are two competing models of unpatentable subject matter One posits that natural laws natural phenomena and abstract ideas are themselves ineligible for patenting and that each example of a natural law natural phenomenon or abstract idea further defines a class of inventions that cannot be patented because they lack an additional element of ingenuity "” or "inventive concept" "” that sufficiently distinguishes those inventions from their natural counterparts This "penumbral" …

Compliance And Claim Funding: Testing The Borders Of Lawyers' Monopoly And The Unauthorized Practice Of Law, Michele M. Destefano

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No abstract provided.

Epoxy Resin Monomers With Reduced Skin Sensitizing Potency, Niamh F. O'Boyle, Ida B. Niklasson, Ali R. Tehrani-Bagda, Tamara Delaine, Krister Holmberg, Kristina Luthman, Ann-Therese Karlberg

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Epoxy resin monomers, including diglycidyl ethers of bisphenol A and F (DGEBA and DGEBF), are extensively used as building blocks for thermosetting polymers. However, they are known to cause widespread contact allergy. This research describes a number of alternative epoxy resin monomers, designed with the aim of reducing the skin sensitizing potency whilst maintaining the ability to form thermosetting polymers. The compounds were designed, synthesized, assessed for skin sensitizing potency using the in vivo murine local lymph node assay, and tested for technical applicability using thermogravimetric analysis and differential scanning calorimetry. All the novel epoxy resin monomers had decreased skin …

The Unrelenting Libertarian Challenge To Public Accommodations Law, Samuel R. Bagenstos

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There seems to be a broad consensus that Title II of the Civil Rights Act of 1964, which prohibits race discrimination in “place[s] of public accommodation,” was a remarkable success. But the consensus is illusory. Laws prohibiting discrimination by public accommodations currently exist under a significant legal threat. And this threat is merely the latest iteration in the controversy over public accommodations laws that began as early as Reconstruction. This Article begins by discussing the controversy in the Reconstruction and Civil Rights Eras over the penetration of antidiscrimination principles into the realm of private businesses’ choice of customers. Although the …

Atlantic Marine Through The Lens Of Erie Symposium: Forum Selection After Atlantic Marine, Adam N. Steinman

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No abstract provided.

Increased Expression Of Phosphorylated Fadd In Anaplastic Large Cell And Other T-Cell Lymphomas, Suketu Patel, Derek Murphy, Eugenia Haralambieva, Zainalabideen A. Abdulla, Kah Keng Wong, Hong Chen, Edith Gould, Giovanna Roncador, Chris S.R. Hatton, Amanda P. Anderson, Alison H. Banham, Karen Pulford

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FAS-associated protein with death domain (FADD) is a major adaptor protein involved in extrinsic apoptosis, embryogenesis, and lymphocyte homeostasis. Although abnormalities of the FADD/death receptor apoptotic pathways have been established in tumorigenesis, fewer studies have analyzed the expression and role of phosphorylated FADD (pFADD). Our identification of FADD as a lymphoma-associated autoantigen in T-cell lymphoma patients raises the possibility that pFADD, with its correlation with cell cycle, may possess role(s) in human T-cell lymphoma development. This immunohistochemical study investigated pFADD protein expression in a range of normal tissues and lymphomas, particularly T-cell lymphomas that require improved therapies. Whereas pFADD was …

Btk Regulated Macrophage Polarization In Response To Lipopolysaccharide, Joan Ní Gabhann, Emily Hams, Siobhán Smith, Claire Wynne, Jennifer C. Byrne, Kiva Brennan, Shaun Spence, Adrien Kissenpfennig

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Bacterial Lipopolysaccharide (LPS) is a strong inducer of inflammation and does so by inducing polarization of macrophages to the classic inflammatory M1 population. Given the role of Btk as a critical signal transducer downstream of TLR4, we investigated its role in M1/M2 induction. In Btk deficient (Btk^−\−) mice we observed markedly reduced recruitment of M1 macrophages following intraperitoneal administration of LPS. Ex vivo analysis demonstrated an impaired ability of Btk^−/− macrophages to polarize into M1 macrophages, instead showing enhanced induction of immunosuppressive M2-associated markers in response to M1 polarizing stimuli, a finding accompanied by reduced phosphorylation …