Digital Commons Network^™

The Critique Of Judgment: Introduction, Angelica Nuzzo, David G. Carlson

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No abstract provided.

Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

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No abstract provided.

The Bio-Nano-Interface In Predicting Nanoparticle Fate And Behaviour In Living Organisms: Towards Grouping And Categorising Nanomaterials And Ensuring Nanosafety By Design, Hugh Byrne, Arti Ahluwalia, Diana Boraschi,, Bengt Fadeel, Peter Gehr, Arno C. Gutleb, Michaela Kendall, Manthos Papadopoulos, Iseult Lynch

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In biological media, nanoparticles acquire a coating of biomolecules (proteins, lipids, polysaccharides) from their surroundings, which reduces their surface energy and confers a biological identity to the particles. This adsorbed layer is the interface between the nanomaterial and living systems and therefore plays a significant role in determining the fate and behaviour of the nanoparticles. This review summarises the state of the art in terms of understanding the bio-nano interface and provides direction for potential future research directions and some recommendations for future priorities and strategies to support the safe implementation of nanotechnologies. The central premise is that nanomaterials must …

Generation Of Intracellular Reactive Oxygen Species And Genotoxicity Effect To Exposure Of Nanosized Polyamidoamine (Pamam) Dendrimers In Plhc-1 Cells In Vitro, Hugh Byrne, Pratap Naha

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Polyamidoamine (PAMAM) dendrimers elicit systematically variable cyto- and eco-toxic responses, promising the basis for structure activity relationships governing nanotoxicological responses. Increased production of intracellular reactive oxygen species (ROS), genotoxicity and apoptosis due to in-vitro exposure of hepatocellular carcinoma cells to dendrimer generations G-4, G-5 and G-6 is demonstrated. A generation dependent increase in ROS and genotoxicity was observed, consistent with our previous studies. The responses correlate well with the number of surface amino groups per generation. Although ROS production initially increases approximately linearly, it saturates at higher doses. Notably, normalised to molar dose of surface amino groups, the dose-dependent ROS …

Optimal Asylum, Shalini Ray

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The U.S. asylum system is noble but flawed. Scholars have long recognized that asylum is a “scarce” political resource, but U.S. law persists in distributing access to asylum based on an asylum seeker’s ability to circumvent migration controls rather than the strength of the asylum seeker’s claim for protection. To apply for asylum, an asylum seeker must either arrange to be smuggled into the United States or lie to the consulate while abroad to obtain a nonimmigrant visa. Nonimmigrant visa requirements effectively filter the pool of asylum applicants according to wealth, educational attainment, and intent not to remain in the …

Symptom-Based Gun Control Symposium Article, Fredrick E. Vars

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No abstract provided.

Beyond The Judicial Fourth Amendment: The Prosecutor's Role, Russell M. Gold

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No abstract provided.

More Vitiating Paradoxes: A Response To Steven D. Smith - And Smith A Discussion Of Religious Freedom In America, Paul Horwitz

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No abstract provided.

Still Standing In The Schoolhouse Door: Deconstructing Brown's Bias And Reconstructing Its Remedy, Bryan K. Fair

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No abstract provided.

The Structure Of Standing At 25: Introduction To The Symposium Symposium: The Structure Of Standing At 25, Heather Elliott

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No abstract provided.

Success And Backlash: The Remarkable (Continuing) Story Of The Clean Water Act, William L. Andreen

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The Clean Water Act has produced a tremendous amount of progress over the past forty years Both municipal and industrial discharges have declined sharply the loss of wetlands has been cut decisively and water quality has broadly improved Much more work however remains to be done Not surprisingly given the limits of human forethought and political capacity the original statutory design was not perfect Furthermore the statutes implementation has not been perfect due in large part to often straitened budgets instances of bureaucratic timidity and lethargy and the hostility that some administrations and some Congresses have exhibited towards strong environmental …

Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave

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This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.

Appraisal Theory: Old And New Questions, Phoebe C. Ellsworth

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I describe my current thinking on two old questions—the causal role of appraisals and the relationship of appraisal theories to basic emotions theories and constructivist theories, and three (sort of) new questions—the completeness of appraisals, the role of language, and the development of automaticity in emotional responses.

A Presumptively Better Approach To Arbitrability, John A. E. Pottow, Jacob Brege, Tara J. Hawley

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One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator's purported authority. Courts in Canada and the United States have taken different approaches to this fundamental question of "arbitrability" that necessarily arises when one party disputes the contractual validity of the underlying "container" contract carrying the arbitration clause. If arbitration is a creature of contract, and contract is a product of consensual agreement, then any dispute that impugns the underlying consent of the parties to the container contract implicates the arbitration agreement itself (i.e., no contract, no …

A Microfluidic Anti-Factor Xa Assay Device For Point-Of-Care Monitoring Of Anticoagulation Therapy, Leanne F. Harris, Paul Rainey, Vanessa Castro-Lopez, James S. O'Donnell, Anthony J. Killard

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The development of new point-of-care coagulation assay devices is necessary due to the increasing number of patients requiring long-term anticoagulation in addition to the desire for appropriate, targeted anticoagulant therapy and a more rapid response to optimization of treatment. However, the majority of point-of-care devices currently available for hemostasis testing rely on clot-based endpoints which are variable and unreliable and are limited to measuring only certain portions of the coagulation pathway. There is a need for the introduction of point-of-care devices that can execute a broader range of tests; for example, the diagnosis of factor-specific diseases, as well as more …

Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz

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Precedent from the Roberts Court shows the Justices taking three distinct approaches to precedent they dislike. Each provides a template for the Court to criticize race-based affirmative action in higher education, as Fisher v. University of Texas at Austin is widely expected to do. Most narrowly, the Court might use Fisher to issue a warning, much like it did in 2009 when it sidestepped a constitutional challenge to the Voting Rights Act; under this approach, the opinion would spell out why the Justices think the diversity celebrated in Grutter v. Bollinger no longer provides sufficient justification for the use of …

What Was Wrong With The Record?, Ellen D. Katz

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Shelby County v. Holder offers three reasons for why the record Congress amassed to support the 2006 reauthorization of the Voting Rights Act (VRA) was legally insufficient to justify the statute's continued regional application: (1) the problems Congress documented in 2006 were not as severe as those that prompted it to craft the regime in 1965; (2) these problems did not lead Congress to alter the statute's pre-existing coverage formula; and (3) these problems did not exclusively involve voter registration and the casting of ballots.

Imagining A Same-Sex Marriage Decision Based On Dignity: Considering Human Experience In Constitutional Law, Danieli Evans

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California’s Proposition 8 allows same sex couples to join through civil unions, which grant the legal benefits afforded to married couples but denies them the official label of “marriage.” The lower court eschewed the question of whether Proposition 8 burdens any fundamental right by concluding there is not even a rational basis (the minimum standard for the constitutionality of any law) for this law, as its sole effect is to deny same sex couples the designation of marriage.

We appreciate the lower court’s caution not to extend our fundamentalrights jurisprudence beyond precedent. However, we are positioned to elaborate fundamental constitutional …

Property, Privacy And Power: Rethinking The Fourth Amendment In The Wake Of U.S. V. Jones, Dana Raigrodski

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This Article seeks to uncover invisible gender, race, and class biases driving modern Fourth Amendment discourse. Unlike traditional theories, which tend to view the Fourth Amendment through the lens of either privacy or property, this Article advances a theory focusing on the real issues of power and control that fuel Fourth Amendment jurisprudence. Specifically, the Article exposes the private/public and home/market dichotomies that are central to the Supreme Court rhetoric as arbitrary and artificial. It finds that current Fourth Amendment discourse protects the interest of white, privileged men and perpetuates male ideology as well as male domination. That focus leaves …

Escaping Entity-Centrism In Financial Services Regulation, Anita K. Krug

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In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric when they assume that a financial services firm is a stand-alone entity, operating separately from and independently of any other entity. They are entity-centric, therefore, when the specific requirements and obligations they comprise are addressed only to an abstract and solitary “firm,” with little or no contemplation of affiliates, parent companies, subsidiaries, or multi-entity enterprises. Regulatory entity-centrism is not an isolated phenomenon, as …

The Modern Corporation Magnified: Managerial Accountability In Financial Services Holding Companies, Anita K. Krug

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This Article's goal is to revisit early and thoughtful commentary on the fundamental problem of the large corporate enterprise--managerial accountability to shareholders-- to show that this fundamental problem is dramatically pronounced--magnified, if you will--in the types of enterprises that were at the center of the financial crisis, whether too big to fail or not. In particular, The Modern Corporation articulated that the evolution of economic organization has separated the beneficial ownership of property from those who control it and that this disjunction has created an irresolvable tension between shareholders and management. Nowhere is that tension more pronounced than in the …

Against Notice Skepticism In Privacy (And Elsewhere), M. Ryan Calo

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What follows is an exploration of innovative new ways to deliver privacy notice. Unlike traditional notice that relies upon text or symbols to convey information, emerging strategies of “visceral” notice leverage a consumer’s very experience of a product or service to warn or inform. A regulation might require that a cell phone camera make a shutter sound so people know their photo is being taken. Or a law could incentivize websites to be more formal (as opposed to casual) wherever they collect personal information, as formality tends to place people on greater guard about what they disclose. The thesis of …

Article Navigation Wild-Type Measles Virus Infection Upregulates Poliovirus Receptor-Related 4 And Causes Apoptosis In Brain Endothelial Cells By Induction Of Tumor Necrosis Factor-Related Apoptosis-Lnducing Ligand, Haniah Abdullah, Brenda B. Brankin, Clare Brady, Sara Louise Cosby

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Small numbers of brain endothelial cells (BECs) are infected in children with neurologic complications of measles virus (MV) infection. This may provide a mechanism for virus entry into the central nervous system, but the mechanisms are unclear. Both in vitro culture systems and animal models are required to elucidate events in the endothelium. We compared the ability of wild-type (WT), vaccine, and rodent-adapted MV strains to infect, replicate, and induce apoptosis in human and murine brain endothelial cells (HBECs and MBECs, respectively). Mice also were infected intracerebrally. All MV stains productively infected HBECs and induced the MV receptor PVRL4. Efficient …

Designing Islamic Constitutions: Past Trends And Options For A Democratic Future, Clark B. Lombardi

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In recent years a growing number of countries have adopted constitutional provisions requiring that state law respect Islamic law (sharia). Muslims today are deeply divided, however, about what types of state action are consistent with sharia. Thus, the impact of a "Sharia Guarantee Clause" depends to a large degree on questions of constitutional design -- on who is given the power to interpret and apply the provision and on what procedures that they follow when making their decisions. This article explores the trends that gave rise to SGCs and provides a history of their incorporation into national constitutions. It then …

Consumer Subject Review Boards: A Thought Experiment, Ryan Calo

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The adequacy of consumer privacy law in America is a constant topic of debate. The majority position is that United States privacy law is a “patchwork,” that the dominant model of notice and choice has broken down, and that decades of self-regulation have left the fox in charge of the henhouse. A minority position chronicles the sometimes surprising efficacy of our current legal infrastructure.

But the challenges posed by big data to consumer protection feel different. They seem to gesture beyond privacy’s foundations or buzzwords, beyond “fair information practice principles” or “privacy by design.” The challenges of big data may …

Eggshell Economics: A Revolutionary Approach To The Eggshell Plaintiff Rule, Steve Calandrillo, Dustin E. Buehler

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For more than a century, courts have universally applied the eggshell plaintiff rule, which holds tortfeasors liable for the full extent of the harm inflicted on vulnerable “eggshell” victims. Liability attaches even when the victim’s condition and the scope of her injuries were completely unforeseeable ex ante.

This Article explores the implications of this rule by providing a pioneering economic analysis of eggshell liability. It argues that the eggshell plaintiff rule misaligns parties’ incentives in a socially undesirable way. The rule subjects injurers to unfair surprise, fails to incentivize socially optimal behavior when injurers have imperfect information about expected accident …

Comparison Between Gelatines Extracted From Mackerel And Blue Whiting Bones After Different Pre-Treatments, Catherine Barry-Ryan, Zied Khiari, Daniel Rico, Ana Belen Martin-Diana

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Gelatines were extracted from mackerel and blue whiting bones after chemical or enzymatic pre-treatments and their functional properties (solubility, foaming and emulsifying properties) were analysed. The pre-treatment significantly (p

Valorisation Of Apple Peels, Laura Massini, Daniel Rico, Ana Belen Martin-Diana, Catherine Barry-Ryan

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The peels of processed apples can be recovered for further food applications. Limited information on the valorisation of this type of waste is available for cooking varieties, e.g. cv Bramley’s Seedling. Extracts from fresh or dried (oven-dried or freeze-dried) peels were obtained with solvents of different polarity (aqueous acetone or ethanol) and assayed for their total phenolic content and antioxidant capacity; their antiradical power was compared to herb extracts. The dried peels were also characterised as bulk powders by assessing their nutritional value and total phenolic content. High amounts of ascorbic acid (up to 4 mg/g, dry weight) and polyphenols …

Antioxidant Capacity, Arabinoxylans Content And In Vitro Glycaemic Index Of Cereal-Based Snacks Incorporated With Brewer’S Spent Grain, Sofia Reis, Nissreen Abu-Ghannam

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Extruded snacks and breadsticks were formulated with increasing levels of brewer’s spent grain (BSG). The phenolic content increased by 4 and 7 fold with BSG addition in extrudates (40g/100g) and in breadsticks (35g/100g), respectively. Consequently, antioxidant capacity (DPPH, FRAP) also increased despite a recorded loss of phenolic compounds in extruded snacks. Arabinoxylans content increased up to 20 and 25g of BSG addition /100g of formulated extruded snacks and breadsticks, respectively. Further addition of BSG did not improve the content of arabinoxylans due to the possible formation of polysaccharide-protein complexes. Medium GI breadsticks were obtained with 35g of BSG incorporation /100g …

The Effect Of Non-Thermal Processing Technologies On Microbial Inactivation: An Investigation Into Sub-Lethal Injury Of Escherichia Coli And Pseudomonas Fluorescens, Rachel Halpin, L. Duffy, O. Cregenzán-Alberti,, J.G Lyng, F. Noci

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In recent years, there has been an increased interest in food processing technologies that could lessen the thermal impact on food products. In the present study, thermosonication (TS) and pulsed electric fields (PEF), applied individually or in combination (TS/PEF), were investigated to determine their effects on inactivation and sub-lethal injury of Pseudomonas fluorescens and Escherichia coli. TS was applied at a low (L) and high (H) wave amplitude (18.6 μm and 27.9 μm, respectively), while PEF was applied at a low and high electrical field strength (29 kV cm⁻¹ and 32 kV cm⁻¹, respectively). In addition, …