Digital Commons Network^™

Feminist Fundamentalism As An Individual And Constitutional Commitment, Mary Anne Case

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No abstract provided.

Present Bias And Criminal Law, Richard H. Mcadams

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Although "present bias" (or weakness of will, impulsiveness, myopia, or bounded willpower) was flagged as an issue for legal examination by Tom Ulen and Russell Korobkin over a decade ago, the concept has received insufficient attention in the legal field-and most of that attention has focused on its implications for the regulation of credit and savings. But, as demonstrated by this Article, the inconsistency of time preferences has wider implications, especially for criminal law. First, present bias may have significant implications for the general deterrence of crime. Individuals with time-inconsistent preferences may give in to immediate temptations to offend, even …

Rethinking The Interest-Convergence Thesis, Justin Driver

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No abstract provided.

Plain Meaning In Context: Can Law Survive Its Own Language?, Richard A. Epstein

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No abstract provided.

The Political Path Of Detention Policy, Aziz Huq

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No abstract provided.

Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks

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No abstract provided.

The Geometry Of Inside And Outside, David Abraham

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These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.

A Review Of The Evidence Germane To The Putative Protective Role Of The Macular Carotenoids For Age-Related Macular Degeneration, Sarah Sabour-Pickett, John Nolan, James Loughman, Stephen Beatty

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There is a consensus that age-related macular degeneration (AMD) is the result of (photo)- oxidative-induced retinal injury and its inflammatory sequelae, the latter being influenced by genetic background. The dietary carotenoids, lutein (L), zeaxanthin (Z), and meso-zeaxanthin (meso-Z), accumulate at the macula, where they are collectively known as macular pigment (MP). The anatomic (central retinal), biochemical (anti-oxidant) and optical (short-wavelength- filtering) properties of this pigment have generated interest in the biologically plausible rationale that MP may confer protection against AMD. Level 1 evidence has shown that dietary supplementation with broad-spectrum anti-oxidants results in risk reduction for AMD progression. Studies have …

Owning Hazard, A Tragedy, Barbara Welke

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No abstract provided.

Property Rights On The New Frontier: Climate Change, Natural Resource Development, And Renewable Energy, Alexandra B. Klass

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This Article explores the history of natural resources law and pollution control law to provide insights into current efforts by states to create wind easements, solar easements, and other property rights in the use of or access to renewable resources. Development of these resources is critical to current efforts to address climate change, which has a foot in both natural resources law and pollution control law. This creates challenges for developing theoretical and policy frameworks in this area, particularly surrounding the role of property rights. Property rights have played an important role in both natural resources law and pollution control …

Constitutional Spaces, Allan Erbsen

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This Article is the first to systematically consider the Constitution’s identification, definition, and integration of the physical spaces in which it applies. Knowing how the Constitution addresses a particular problem often requires knowing where the problem arises. Yet despite the importance and pervasiveness of spatial references in the Constitution, commentators have not analyzed these references collectively. This Article fills that gap in the literature by examining each of the fourteen spaces that the Constitution identifies, as well as several that it overlooks, to reveal patterns in the text’s treatment of space and location. Among the spaces that the Article considers …

Of Mises And Min(Sky): Libertarian And Liberal Responses To Financial Crises Past And Present, Brett Mcdonnell

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This article compares two approaches to understanding and preventing financial crises, Austrian and Keynesian business cycle theory. The two are traditionally, and rightly, seen as having diametrically opposed prescriptions, with the Austrian approach opposing governmental intervention and blaming central bank policy for most crises, while the Keynesian approach advocates active governmental intervention to both prevent crises and to end them when they do occur. The article argues that both approaches nonetheless have much in common. Each emphasizes the importance of radical uncertainty in financial markets and analyzes business cycles as tied to credit cycles that turn on shifting investor expectations. …

Speaking For The Dead: Voice In Last Wills And Testaments, Karen J. Sneddon

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I do now hereby give, bequeath, and devise all items of tangible personal property that I own or may own a right thereonto, which includes, but is not limited to, objet d'art, furnishings, automobiles, and silver, to my surviving issue per stirpes.

A will is arguably the most important and personal legal document an individual ever executes. As the language above illustrates, much of the typical language in a will removes all traces of the individual. This personal legal document is ostensibly the individual's-the testator's-document. For a testator, contemplating the creation and execution of a will is the contemplation of …

Conservation Easements At The Climate Change Crossroads, Jessica Owley

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No abstract provided.

The Rise In Elder Bankruptcy Filings And The Failure Of U.S. Bankruptcy Law, John A. E. Pottow

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Recent empirical legal scholarship on the consumer bankruptcy system has uncovered a marked rise in the proportion of elder Americans filing for relief under the Bankruptcy Code. But these studies have not probed the reasons behind that rise, an omission this Article seeks to address. Professor John Pottow and colleagues recently assembled the new dataset of the Consumer Bankruptcy Project (CBP), the largest national sample of consumer debtors in this country, which he uses to explore the sources of elder bankruptcy. The findings are both striking and ominous. While multiple factors, such as health problems and medical debts, contribute to …

A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow

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Secondary proceedings-the ugly stepsisters to main proceedings-get short shrift in international bankruptcy scholarship. This article seeks to remedy that deficiency. First, it describes what it argues are the traditional conceptions-both stated and implicit-of secondary proceedings in international bankruptcies. Second, it offers a revised way of thinking about secondary proceedings, proposing to restrict their scope through the use of "synthetic" hearings. Third, it addresses some problems with the proposed new role of secondary proceedings and sketches a possible solution involving the creation of an international priorities registry.

Supplementation With All Three Macular Carotenoids: Response, Stability, And Safety, Eithne Connolly, Stephen Beatty, James Loughman, Alan Howard, Michael Louw, John Nolan

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Purpose This study was designed to investigate serum and macular response, and safety, to supplementation with meso-zeaxanthin (MZ), lutein (L) and zeaxanthin (Z), the carotenoids that constitute macular pigment (MP).

Materials and Methods 44 healthy subjects were recruited into this randomized, placebo-controlled, clinical trial. Subjects consumed one tablet per day containing 10.6 mg MZ, 5.9 mg L and 1.2 mg Z (Intervention, I group) or placebo (P group). The spatial profile of MP optical density (MPOD) was measured using heterochromatic flicker photometry (HFP), and serum concentrations of L and Z were quantified using high performance liquid chromatography (HPLC). Subjects …

Effect Of Type 2 Diabetes On The Dynamic Response Characteristics Of Leg Vascular Conductance During Exercise, Oscar Mac Ananey, H Reilly, D O'Shea, M Egana, S Green

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Abstract

In this study we tested the hypothesis that type 2 diabetes impairs the dynamic response of leg vascular conductance (LVC) during exercise. LVC (leg blood flow/mean arterial pressure) responses were studied during intermittent contractions of the calf muscle in subjects with type 2 diabetes (n = 9), heavy controls (n = 10) and lean controls (n = 8) using a biexponential function and an estimate of the mean response time (MRT). The time constant of the second phase of LVC was significantly greater in type 2 diabetes (66.4 ± 29.2 s) than the heavy (22.2 ± 13.4 s) and …

Molecular Characterization Of Multidrug-Resistant Escherichia Coli Isolates From Irish Cattle Farms, Maria Karczmarczyk, Ciara Walsh, Rosemarie Slowey, Nola Leonard, Seamus Fanning

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This study describes the genotypic characteristics of a collection of 100 multidrug-resistant (MDR) Escherichia coli strains recovered from cattle and the farm environment in Ireland in 2007. The most prevalent antimicrobial resistance identified was to streptomycin (100%), followed by tetracycline (99%), sulfonamides (98%), ampicillin (82%), and neomycin (62%). Resistance was mediated predominantly by strA-strB (92%), tetA (67%), sul2 (90%), blaTEM (79%), and aphA1 (63%) gene markers, respectively. Twenty-seven isolates harbored a class 1 integrase (intI1), while qacE1 and sul1 markers were identified in 25 and 26 isolates, respectively. The variable regions of these integrons contained aminoglycoside, trimethoprim, and [1]-lactam resistance …

Is Integration A Discriminatory Purpose?, Michelle Adams

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Is integration a form of discrimination? Remarkably, recent Supreme Court doctrine suggests that the answer to this question may well be yes. In Ricci v. DeStefano, the Court characterizes - for the very first time - government action taken to avoid disparate-impact liability and to integrate the workplace as "race-based," and then invalidates that action under a heightened level of judicial review. Consequently, Ricci suggests that the Court is open to the "equivalence doctrine," which posits that laws intended to racially integrate are morally and constitutionally equivalent to laws intended to racially separate. Under the equivalence doctrine, integration is simply …

Winn And The Inadvisability Of Constitutionalizing Tax Expenditure Analysis, Edward A. Zelinsky

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No abstract provided.

Promoting Democracy In Prosecution, Russell M. Gold

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No abstract provided.

The Meaning Of Mcintyre Our Courts And The World: Transnational Litigation And Civil Procedure: Jurisdiction, Adam N. Steinman

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No abstract provided.

The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro, Adam N. Steinman

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It was a long time coming The Supreme Courts decisions last Term in J McIntyre Machinery Ltd v Nicastro and Goodyear Dunlop Tires Operations SA v Brown ended a twodecade highcourt hiatus from the subject of personal jurisdiction In McIntyre the more controversial of the two the Court concludes that New Jersey state courts lacked jurisdiction over a British manufacturer in a suit by a New Jersey plaintiff who was injured in New Jersey by a machine purchased by his New Jersey employer McIntyre lacks a majority opinion however Instead we have a fourJustice plurality authored by Justice Kennedy a …

An Investigation Of The Subtype Diversity Of Clinical Isolates Of Irish Clostridium Difficile Ribotypes 027 And 078 By Repetitive-Extragenic Palindromic Pcr, Denise Drudy, K. Solomon, S. Murray, L. Scott, S. Mcdermott,, A. Martin, C. O’Donoghue, M. Skally, K. Burns, L. Fenelon, F. Fitzpatrick,, L. Kyne, S. Fanning

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A repetitive-extragenic palindromic PCR (rep-PCR) subtyping method (DiversiLab) in conjunction with ribotyping, toxinotyping and antimicrobial-susceptibility testing was used to detect subtypes within Clostridium difficile ribotypes 027 and 078. Clinical isolates of ribotypes 027 (toxinotype III) (n530) and 078 (toxinotype V) (n523) were provided by health-care facilities across the Republic of Ireland over 2 months in 2006 and 1 month in 2009. Ribotype 027 isolates were significantly more related to each other (9 different subtype profiles) when compared to ribotype 078 isolates (14 different profiles) (P50.001; cut-off .90 % similarity). Almost half of ribotype 078 isolates (45.5 %) showed no relationship …

Cardiac Output Is Not Related To The Slowed O2 Uptake Kinetics In Type 2 Diabetes, Oscar Mac Ananey, J Malone, S Warmington, D O'Shea, S Green, M Egana

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Abstract

PURPOSE:

This study aimed to investigate whether cardiac output (CO) responses were related to VO2 kinetics during cycling in type 2 diabetes.

METHODS:

A total of 9 middle-aged women with uncomplicated type 2 diabetes, 9 nondiabetic overweight women, and 11 nondiabetic lean women were recruited. Initially, the ventilatory threshold (VT) and peak VO2 were determined during a maximal graded test. Then, on two separate days, subjects completed three 7-min bouts of constant-load cycling at each of three intensities: 50% VT, 80% VT, and midpoint between VT and peak VO2 (50% Δ). CO (inert gas rebreathing) was recorded at 30 …

Evaluation Of Activated Partial Thromboplastin Time (Aptt) Reagents For Application In Biomedical Diagnostic Device Development, Magdalena Dudek, Leanne F. Harris, Anthony J. Killard

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Introduction: The most commonly used test for monitoring heparin therapy is the activated partial thromboplastin time (aPTT). The response of available aPTT reagents to heparin varies significantly. The aim of this study was to highlight the differences between aPTT reagents stored in a dried format to select the most suitable formulations to be used for the development of point-of-care diagnostic devices used for monitoring of unfractionated heparin dose response. Methods: Ten reagents were analysed in terms of their performance in liquid and in dried form after storage for 24 h and 14 days. Performance was assessed by measurement of the …

The Jury's Second Coming, Jenny E. Carroll

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This article explores the controversial issue of jury nullification by reconceptualizing nullification through the lens of the Supreme Court's recent decisions beginning with Apprendi v New Jersey Apprendi's embrace of the jury's historical powers "” require a rejection of the formalized and static paradigm in favor of a more fluid vision of the law Despite extensive scholarship surrounding Apprendi an innovative though admittedly counterintuitive reading of the case line has been overlooked This reading draws on Apprendi's embrace of a vision of the law constructed and completed through jury interpretation and verdict Interpreted in this way the Apprendi case line …

Tax Lawyers, Tax Defiance, And The Ethics Of Casual Conversation,, Michael Hatfield

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This essay is to help tax lawyers decide how to handle casual conversations centered on denying, defying, or destroying the tax system. One option is to walk away, ending the conversation and silencing the dialogue. The next option is to engage. I want to persuade tax lawyers that they should usually engage in the conversation. I try to do this in Part III.

There are two kinds of legal ethics essays, and one must choose which kind to write, and it is useful to the reader to know upfront which kind the author chose to write. One kind begins with …

Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers, Jr., Jason Derosa, Sarah Reyneveld

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The Deepwater Horizon oil spill of April 20, 2010 initiated an environmental disaster that presented attorneys on both sides of the legal action with monumental challenges. Using the satirical format of a memo written by the corporate defense counsel to BP America four days after the spill began, this article investigates BP’s potential liability and strategic defense positions available in criminal and civil proceedings. Major federal environmental laws, including the Oil Pollution Act, the Clean Water Act and major wildlife protection statutes, are implicated by the Spill. The memo provides a clear picture of the existing opportunities for a responsible …