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Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson

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• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress

The Religious Geography Of Town Of Greece V. Galloway, Paul Horwitz

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Law and religion scholarship generally focuses on the temporal aspects of American religion and the law of the Religion Clauses not their spatial aspects This article argues that churchstate legal scholarship ought to take a spatial turn A substantial body of nonlegal scholarship has emphasized the influence of space and place on American religion and religious history The lens of geography observes a leading text provides an effective framework for analyzing the connection of religious belief to other spheres of thought and action at diverse scales Geography thus offers the potential for a richer understanding of American religious pluralism and …

Rodrigo's Equation: Race, Capitalism, And The Search For Reform, Richard Delgado

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No abstract provided.

Mind The Gap: Basic Health Along The Aca’S Coverage Continuum, Sallie Thieme Sanford [email protected]

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As ACA implementation proceeds, expansion states should mind the gap — the gap between Medicaid and Marketplace. In this transition between insurance platforms, people can stumble. As a bridge between expanded Medicaid and the insurance Marketplaces, the ACA allows states to enact a Basic Health Program (BHP) supported by federal funds. The BHP option, which has been delayed until 2015, aims to reduce insurance costs and increase care continuity for low-income individuals and families. Interested states face a complicated calculus, one with significant unknowns and moving parts. In this article, I first place this new insurance affordability program in the …

China’S Apologetic Justice: Lessons For The United States?, Xuan-Thao Nguyen

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Many scholars have criticized Congressional apology resolutions for slavery as inadequate and ineffective. Ironically, Congress may look to China’s apologetic justice in intentional intellectual property infringements to learn valuable lessons about apologies and how to incorporate them into righting wrongs. China requires that the wrongdoer who intentionally harms or infringes the intellectual property rights of another make a public apology in a newspaper or trade journal, in addition to stopping the harm and paying for compensatory damages and costs. If the wrongdoer does not timely make the public apology, the infringed party will draft and publish the public apology in …

Downstream Securities Regulation, Anita K. Krug

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Securities regulation wears two hats. Its “upstream” side governs firms in connection with their obtaining financing in the securities markets. That is, it *1590 regulates firms' and issuers' offers and sales of securities, whether in public offerings to retail investors or in private offerings to institutional investors. Its “downstream” side, by contrast, governs financial services providers, who assist with investors' activities in those markets. Their services include providing advice regarding securities investments, as investment advisers do; aggregating investors' assets for purposes of enabling those investors to invest their assets collectively, as mutual funds do; and acting as “middlemen” between buyers …

The Long-Term Tort: In Search Of A New Causation Framework For Natural Resources Damages, Sanne H. Knudsen

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Recent scientific evidence is proving that toxic releases have long-term, unintended, and harmful consequences for the marine environment. Though a new paradigm is emerging in the scientific literature--one demonstrating that long-term impacts from oil spills are more significant than previously thought--legal scholars, regulators, and courts have yet to consider the law's ability to remedy long-term ecological harms.

While scholars have exhaustively debated causation questions related to latent injuries for toxic torts, they have overlooked the equally important and conceptually similar causation problems of long-term damages in the natural resource context. Likewise, only a few courts have considered the standards of …

Size Dependent Translocation And Fetal Accumulation Of Gold Nanoparticles From Maternal Blood In The Rat, Manuela Semmler-Behnke, Jens Lipka, Alexander Wenk, Martin Schaeffer, Furong Tian, Gunter Schmid, Gunter Oberdorster, Wolfgang Kreyling

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There is evidence that nanoparticles (NP) cross epithelial and endothelial body barriers. We hypothesized that gold (Au) NP, once in the blood circulation of pregnant rats, will cross the placental barrier during pregnancy size-dependently and accumulate in the fetal organism by 1. transcellular transport across the hemochorial placenta, 2. transcellular transport across amniotic membranes 3. transport through ~20 nm wide transtrophoblastic channels in a size dependent manner. The three AuNP sizes used to test this hypothesis are either well below, or of similar size or well above the diameters of the transtrophoblastic channels.

Holographic Sensors: Three-Dimensional Analyte-Sensitive Nanostructures And Their Applications, Ali K. Yetisen, Izabela Naydenova, Fernando Da Cruz Vasconcellos, Jeffrey Blyth, Christopher R. R. Lowe

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Holographic sensors are analytical devices that systematically diffract narrow-band light in the ultraviolet to near-infrared range for application in the detection and quantification of analytes and/or physical parameters. They can be functionalized with analyte-responsive materials to construct highly sensitive optical sensors for use in testing, where a visual readout, fast turnaround time, and reversibility are needed. Holography allows fabrication of disposable sensors that are lightweight for miniaturization and multiplexing purposes.3 Holographic sensors offer three capabilities on a single analytical device: (i) label-free analyte-responsive polymer, (ii) real-time, reversible quantification of the external stimuli, and (iii) three-dimensional visual image display.

Pilot Data On Brain-To-Blood Efflux Of B-Amyloid Peptides In Man, Steve Meaney, Maura Heverin, Ingemar Bjorkhem,, Dorotea Religa, John Wahren, Ulf Diczfalusy

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• Alzheimer’s disease (AD) is the most common cause of dementia and affects nearly 40,000 individuals in Ireland. • The b-amyloid peptide (Ab) plays a key role in the pathogenesis of the AD and the presence of Ab plaques in the brain is diagnostic. •The hypothesis posits that Ab deposition is a critical factor in the disease process and that production and clearance of Ab are key drivers of the disease1. •Flux of Ab from the brain is believed to contribute to the overall level of Ab within in brain2 and antibody mediated brain-to-blood efflux has been observed in animal …

Disability, Repressive Regimes, And Health Disparity: Assessing Country Conditions In North Korea, Jae-Chun Won, Janet E. Lord, Michael Ashley Stein, Yosung Song

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This article examines the potential of international human rights standards to account for heightened risk and vulnerability to human rights abuses for persons with disabilities in politically repressive environments. We offer a preliminary assessment of whether and how a disability-cognizant accounting of human rights in repressive regimes can lead to a more credible and comprehensive understanding of disability in such contexts. In so doing, we make the case for a more thorough and thoughtful application of international disability rights standards to better inform human rights investigations, transitional justice approaches, and international criminal law proceedings. To illustrate this methodology, we analyze …

The Democratic Life Of The Union: Toward Equal Voting Participation For Europeans With Disabilities, Janos Fiala-Butora, Michael Ashley Stein, Janet E. Lord

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This Article puts forward preliminary legal scholarship on equal political participation by persons with disabilities and what international human rights law requires for its attainment. The goal is to provoke an informed dialogue on the neglected but fundamental human right to enfranchisement by persons with disabilities while also acknowledging that a complete and just resolution requires further information and reflection. The Article argues that the fundamental right to vote cannot be curtailed on the basis of an alleged lack of capacity. Disenfranchisement based on individual assessment unjustly excludes a certain number of voting-capable individuals. Since all those affected are persons …

Dielectric Barrier Discharge Atmospheric Cold Plasma For Inactivation Of Pseudomonas Aeruginosa Biofilms, Dana Ziuzina, Sonal Patil, Patrick J. Cullen, Daniela Boehm, Paula Bourke

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In recent years, atmospheric cold plasma (ACP) has been widely investigated for potential application as an alternative decontamination technology in biomedical and healthcare sectors. In this study, the antimicrobial efficacy of ACP against Pseudomonas aeruginosa biofilms was investigated. The 48-h biofilms were treated inside sealed polypropylene containers with a high-voltage dielectric barrier discharge (DBD) ACP (80 kVRMS) and subsequently stored for 24 h at room temperature. Treatment for 60 s by either the direct or indirect mode of ACP exposure (inside or outside plasma discharge, respectively) reduced bacterial populations by an average of 5.4 log cycles from an initial 6.6 …

Getting Started With Research " Beginning: Defining A Research Question And Preparing A Research Plan, Jacinta Browne

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Research is the lifeblood of medicine with innovations being made in the different technologies used to diagnose and / or screen for the presence of disease or to deliver treatments with higher efficacy. Scientific publication is the network of vessels which delivers the lifeblood. The outputs of research provides us with tomorrows medicine. In this series of articles we will be discussing the different aspects of carrying out research from the conception of the research idea to publication in a peer reviewed journal with the cycle repeating again with new research ideas emerging from the research conducted.

Economic Valuation Of The Mortality Benefits Of A Regulation On So2 In 20 European Cities, Olivier Chanel, Susann Henschel, Patrick J. Goodman, Antonis Analitis, Richard W. Atkinson, Alain Le Tertre, Ariana Zeka, Sylivia Medina

Articles

Background: Since the 1970s, legislation has led to progress in tackling several air pollutants. We quantify the annual monetary benefits resulting from reductions in mortality from the year 2000 onwards following the implementation of three European Commission regulations to reduce the sulphur content in liquid fuels for vehicles. Methods: We first compute premature deaths attributable to these implementations for 20 European cities in the Aphekom project by using a two-stage health impact assessment method. We then justify our choice to only consider mortality effects as short-term effects. We rely on European studies when selecting the central value of …

Concern-Driven Integrated Toxicity Testing Strategies For Nanomaterials - Report Of The Nanosafety Cluster Working Group 10, Hugh Byrne, Agnes G. Oomen, Peter M.J. Bos, Teresa F. Fernandes, Kerstin Hund-Rinke, Diana Boraschi, Karin Aschberger, Stefania Gottardo, Frank Von Der Kammer, Dana Kühnel, Danail Hristozov, Antonio Marcomini, Lucia Migliore

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Bringing together topic-related European Union-(EU)-funded projects, the so-called “NanoSafety Cluster” aims at identifying key areas for further research on risk assessment procedures for nanomaterials (NM). The outcome of NanoSafety Cluster Working Group 10, this commentary presents a vision for concern-driven integrated approaches for the (eco-)toxicological testing and assessment (IATA) of NM. Such approaches should start out by determining concerns, i.e. specific information needs for a given NM based on realistic exposure scenarios. Recognized concerns can be addressed in a set of tiers using standardized protocols for NM preparation and testing. Tier 1 includes determining physico-chemical properties, non-testing (e.g. structure …

Reading John Noonan, Jospeh Vining

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John Noonan is a giant in American law and legal practice -- a distinguished legal historian and a true judge. His reflections on the nature of law have a special importance. This essay is a comment on basic elements in his thought.

Concentrated Ownership And Corporate Control: Wallenberg Sphere And Samsung Group, Hwa-Jin Kim

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Samsung Group’s success cannot be attributed to its corporate governance structure, at least thus far. The corporate governance of Samsung has been rather controversial. As the group faces the succession issue the corporate governance has become as crucial as their new products and services. Samsung has discovered a role model on the other side of the planet, Wallenberg Sphere in Sweden. Much effort has been made to learn about Wallenberg’s arrangements and key to its success. However, a fundamental difference between the institutions in Sweden and Korea has made the corporate structures of the two groups radically different. Wallenberg uses …

The Tempting Of Antitrust: Robert Bork And The Goals Of Antitrust Policy, Daniel A. Crane

Articles

Of all Robert Bork’s many important contributions to antitrust law, none was more significant than his identification of economic efficiency, disguised as consumer welfare, as the sole normative objective of U.S. antitrust law. The Supreme Court relied primarily on Bork’s argument that Congress intended the Sherman Act to advance consumer welfare in making its landmark statement in Reiter v. Sonotone that “Congress designed the Sherman Act as a ‘consumer welfare prescription.’” This singular normative vision proved foundational to the reorientation of antitrust law away from an interventionist, populist, Brandeisian, and vaguely Jeffersonian conception of antitrust law as a constraint on …

Election Law's Lochnerian Turn, Ellen D. Katz

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This panel has been asked to consider whether "the Constitution [is] responsible for electoral dysfunction."' My answer is no. The electoral process undeniably falls well short of our aspirations, but it strikes me that we should look to the Supreme Court for an accounting before blaming the Constitution for the deeply unsatisfactory condition in which we find ourselves.

Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi

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Over the past several decades, the central focus of international law has shifted from protecting only sovereign states to protecting individuals. Still, the worst imaginable human rights violations—genocides, ethnic cleansings, crimes against humanity, and systemic war crimes—occur with alarming frequency. And the international response is often slow or ineffectual. The most recent development for addressing this problem is the “responsibility to protect,” an idea that has received so much attention that it now goes simply by R2P. Almost all heads of state have endorsed R2P. The U.N. Secretary General has made R2P a top priority and issued multiple reports on …

Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz

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Four years ago, Citizens United v. Federal Election Commission held that for-profit corporations possess a First Amendment right to make independent campaign expenditures. In so doing, the United States Supreme Court invited speculation that such corporations might possess other First Amendment rights as well. The petitioners in Conestoga Wood Specialties Corp. v. Sebelius are now arguing that for-profit corporations are among the intended beneficiaries of the Free Exercise Clause and, along with the respondents in Sebelius v. Hobby Lobby Stores, that they also qualify as “persons” under the Religious Freedom Restoration Act (RFRA). Neither suggestion follows inexorably from Citizens United, …

Developing An International Pseudomonas Aeruginosa Reference Panel., Anthony Desoyza, Amanda J. Hall, Eshwar Mahenthiralingam, Pavel Drevinek, Wieslaw Kaca, Zuzanna Drulis-Kawa, Stoyanka Stoitsova, Tom Coenye, James Zlosnik, Jane Burns, Isabelle Sa Correia, Daniel Devos, Jean-Paul Pirnay, Timothy Kidd, David Reid, Jim Manos, Jens Klockether, Litz Wiehlmann, Burkhard Tuemmler, Siobhan Mcclean, Craig Winstanley

Articles

Pseudomonas aeruginosa is a major opportunistic pathogen in cystic fibrosis (CF) patients and causes a wide range of infections among other susceptible populations. Its inherent resistance to many antimicrobials also makes it difficult to treat infections with this pathogen. Recent evidence has highlighted the diversity of this species, yet despite this, the majority of studies on virulence and pathogenesis focus on a small number of strains. There is a pressing need for a P. aeruginosa reference panel to harmonize and coordinate the collective efforts of the P. aeruginosa research community. We have collated a panel of 43 P. aeruginosa strains …

Diffuse Migratory Connectivity In Two Species Of Shrubland Birds: Evidence From Stable Isotopes, Steven T. Knick, Matthias Leu, John T. Rotenberry, Steven E. Hanser, Kurt A. Fesenmyer

Articles

Connecting seasonal ranges of migratory birds is important for understanding the annual template of stressors that influence their populations. Brewer’s sparrows (Spizella breweri) and sagebrush sparrows (Artemisiospiza nevadensis) share similar sagebrush (Artemisia spp.) habitats for breeding but have different population trends that might be related to winter location. To link breeding and winter ranges, we created isoscapes of deuterium [stable isotope ratio (δ) of deuterium; δ ²H] and nitrogen (δ ¹⁵N) for each species modeled from isotope ratios measured in feathers of 264 Brewer’s and 82 sagebrush sparrows and environmental …

Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood

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No abstract provided.

The Boundaries Of The Moral (And Legal) Community, Brian Leiter

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No abstract provided.

The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans

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Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority representation. This argument relies on the idea that subjective racial motivation is the essence of unconstitutional discrimination (even if benevolent, or to promote racial inclusion). The conventional understanding among constitutional scholars is that this “search for the bigoted decisionmaker” developed in employment and housing discrimination decisions between 1976 and 1979. Previous accounts have not recognized the role that the 1971 school desegregation decision …

Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble

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United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …

Mock Trials And Real Justices And Judges, Richard A. Posner

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No abstract provided.

Kinetic Studies For The Preparation Of Probiotic Cabbage Juice: Impact On Phytochemicals And Bioactivity, Amit Jaiswal, Nissreen Abu-Ghannam

Articles

A kinetic study for the production of probiotic cabbage juice was carried out under controlled pH and dissolved oxygen using several strains of Lactic acid bacteria (LAB). Furthermore, effect of probiotic fermentation on polyphenolic content and antioxidant capacity was investigated. Results showed significant growth in Lactobacillus brevis, Lactobacillus plantarum and Lactobacillus rhamnosus corresponding to 9.19, 9.47 and 10.6 log CFU/ml after 24 h of fermentation, which is satisfying criteria for a food product to be characterized as probiotic. Lactic acid (LA) was the major end product of the fermented cabbage juice attaining the concentrations of 6.97, 9.69 and 12.2 g/l …