Digital Commons Network^™

The January 6 Insurrection And The Problem Of Constitutional Guardianship, Aziz Huq

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No abstract provided.

Judging Better Together: Understanding The Psychology Of Group Decision-Making On Panel Courts And Tribunals, Brian M. Barry Dr

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While the psychological phenomena that affect group decisionmaking have been thoroughly investigated for decades, how these phenomena apply to decision-making by judges on panel courts is under-examined. This article examines the main psychological phenomena of group decision-making, both positive and negative, and considers their implications for panel courts and other groups of professional legal decision-makers such as adjudicators serving on tribunals. This article argues that experimental studies on judges and adjudicators testing the effects of these phenomena would improve understanding of legal decision-making by these groups and could help to devise ways to improve their decision-making processes to reach higher …

Comparing The Meaning Of ‘Thesis’ And ‘Final Year Project’ In Architecture And Engineering Education, Rahman Tafahomi, Shannon Chance

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Architectural education shares much in common with engineering, including the use of a culminating capstone experience in the final year. The form of this experience varies, with the research-based thesis and final-year project being most common. This paper explores the literature on traditions of enquiry and the meaning of research in various fields and the evolution of the ‘thesis’ and ‘final year project’ approaches over time. It then briefly summarises empirical research conducted on a case study institution struggling to bridge gaps in understandings of these distinct forms of learning and teaching. Throughout, the paper presents a comprehensive set of …

Residents Against Housing: A Response To Professor Infranca’S ‘Differentiating Exclusionary Tendencies’, Lee Anne Fennell

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Incumbent residents routinely oppose residential development.¹ Interestingly, this is true of both homeowners and renters, if for opposite reasons. Homeowners typically worry that new housing will cause the market value of their own homes to fall, resulting in a hit to what is usually a house-heavy personal wealth portfolio.² Tenants typically worry that new housing will cause the market value of their own homes to rise, generating pressure toward higher rents and displacement.³ Both homeowners and tenants also express concern that new housing development will change the character of their neighborhoods in unwanted ways.⁴

Resident opposition …

State International Agreements: The United States, Canada, And Constitutional Evolution, Curtis A. Bradley

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The text of the US Constitution appears to require that individual states, to the extent that they are ever allowed to conclude agreements with foreign governments, must obtain congressional approval. In practice, however, states conclude many agreements with foreign governments, including with Canada and its provinces, and they almost never seek congressional approval. This practice is an illustration of both the importance of federalism in US foreign relations and the significant role played by historical practice in informing US constitutional interpretation. The phenomenon of state international agreements assumed new prominence in 2019 when the Trump administration sued to challenge a …

Coordinated Rulemaking And Cooperative Federalism’S Administrative Law, Bridget A. Fahey

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“Cooperative federalism” is not just a model of federalism; it is a model of administration. From health care to air quality to emergency management, transportation, immigration, national security, and more, cooperative federalism is the regulatory model of choice. But scholars have yet to conceptualize a cooperative administrative law for cooperative federalism. As this Article shows, however, federal and state bureaucracies have devised intricate strategies for coordinating their implementation of the programs they jointly administer.

The Article begins to elaborate cooperative federalism’s unseen administrative apparatus by focusing on its distinctive form of legislative rulemaking, the workhorse of administrative law. I show …

Personal Jurisdiction’S Moment Of Opportunity: A Reform Blueprint For Originalists And Nonoriginalists, Allan Erbsen

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Personal jurisdiction doctrine is broken, but there is a moment of opportunity to repair it. The Supreme Court has struggled for decades to explain why constitutional law sometimes prevents states from providing local remedies for local injuries. Basic questions lack satisfying answers. Should doctrine emphasize liberty or federalism? Is the Due Process Clause the proper foundation for limits on state power or are other clauses more relevant? What harms should limits on state power prevent and what harms should limits avoid creating? Decisions addressing these questions rely on jargon rather than a coherent account of how to allocate jurisdictional power …

The Virtuous Executive, Alan Rozenshtein

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As currently conceived, executive power law and scholarship detach the identity of the President from the powers and duties of the presidency. Whether an official was properly dismissed without cause, whether a pardon was validly issued, whether a foreign policy debacle rose to the level of an impeachable offense—the answers to all these questions are not supposed to depend on the President’s personal characteristics.

This Article argues that this veil of ignorance is incompatible with a correct understanding of Article II. To properly empower good Presidents and constrain bad ones, constitutional actors must take into account the President’s personal characteristics. …

Burdens Of Proof In Establishing Negligence: A Comparative Law And Economics Analysis, Francesco Parisi, Giampaolo Frezza

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Inherent in any judicial system is the need to allocate the burden of proof on one party. Within the realm of negligence torts, that burden is traditionally placed on the plaintiff, meaning that the plaintiff must bring forth sufficient evidence to establish negligence by the defendant. In effect, this is a legal presumption of non-negligence in favor of the defendant. In some jurisdictions for specific torts, defendants are, instead, presumed negligent, therefore requiring defendants to come forth with sufficient evidence to prove their due diligence. In this paper, we discuss the legal origins and effects of these differences in a …

State International Agreements: The United States, Canada, And Constitutional Evolution, Curtis Bradley

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No abstract provided.

As Complexidades Expressivas Da Igualdade Constitucional, Tom Ginsburg

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No abstract provided.

Three Faces Of Creditor-On-Creditor Aggression, Douglas Baird

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No abstract provided.

Proper Parties, Proper Relief, William Baude, Samuel Bray

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No abstract provided.

Statistical Discrimination, Sonja Starr

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The Supreme Court has emphatically and repeatedly rejected efforts to justify otherwise-illegal discrimination against individuals by resort to statistical generalizations about groups. But practices that violate this principle are pervasive and largely ignored or even embraced by courts, lawyers, and law scholars. For example, many health care fields, in seeming contravention of antidiscrimination statutes, make use of explicitly racialized diagnostic algorithms that make it harder for Black patients to access care than non-Black patients with identical symptoms. Moreover, the justice system itself has embraced numerous similar practices, including demographic and “sociocultural” adjustments of intellectual-capacity assessments for defendants facing the death …

Efficacious Answers To The Non-Pro Rata Workout, Vincent Buccola

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he lack of comprehensive response to a recent wave of non-pro rata refinancing transactions poses theoretical as well as practical puzzles. Most market participants seem to think that workout negotiations at least presumptively ought to treat creditors in a bond or a loan facility equally. Yet more than two years after it became clear that debtors would consider non-pro rata deals, and despite evidence that clever advisors might be able to circumvent contractual changes addressed to a specific non-pro rata transactional form, no effort to ensure equal treatment generally has taken hold. Why not?

This essay offers an optimistic account …

Firearms Law And Scholarship Beyond Bullets And Bodies, Darrell Miller, Joseph Blocher, Jacob Charles

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No abstract provided.

What Do Law Professors Believe About Law And The Legal Academy?, Eric Martinez, Kevin Tobia

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Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ views about legal theory. A study of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding debates.

Law professors also debate questions about the legal academy. These include descriptive questions: Which subjects (for example, constitutional law) and methods (for example, law …

Ammonia Cycling And Emerging Inorganic Secondary Aerosols From Arable Agriculture, Vivien Pohl, Alan Gilmer, Vivienne Byers, John Cassidy, Aoife Donnelly, Stig Hellebust, Eoin J. Mcgillicuddy, Eugene Mcgovern, David J. O'Connor

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No abstract provided.

Fda's Revolving Door: Reckoning And Reform, Laura Karas

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Recent controversy over the FDA's approval of the Alzheimer's therapy Aduhelm (aducanumab) and the Duchenne muscular dystrophy therapy Exondys 51 (eteplirsen) called into question the impartiality and independence of high-level FDA regulators. Atypical associations between FDA regulators and pharmaceutical company sponsors, in addition to fierce internal disputes over the adequacy of the evidence, elicited criticism and triggered concern about potential undue influence at the FDA. The revolving door is one persistent source of undue influence that overshadows the discharge of FDA regulators' duties to the public. Exit from government to private-sector employment via the "revolving door" is a frequent occurrence …

Prodromal Glutamatergic Modulation With Riluzole Impacts Glucose Homeostasis And Spatial Cognition In Alzheimer's Disease Mice., Caleigh A Findley, Samuel A Mcfadden, Makayla F Cox, Lindsey N Sime, Mackenzie R Peck, Kathleen Quinn, Andrzej Bartke, Kevin N Hascup, Erin R Hascup

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BACKGROUND: Prior research supports a strong link between Alzheimer's disease (AD) and metabolic dysfunction that involves a multi-directional interaction between glucose, glutamatergic homeostasis, and amyloid pathology. Elevated soluble amyloid-β (Aβ) is an early biomarker for AD-associated cognitive decline that contributes to concurrent glutamatergic and metabolic dyshomeostasis in humans and male transgenic AD mice. Yet, it remains unclear how primary time-sensitive targeting of hippocampal glutamatergic activity may impact glucose regulation in an amyloidogenic mouse model. Previous studies have illustrated increased glucose uptake and metabolism using a neuroprotective glutamate modulator (riluzole), supporting the link between glucose and glutamatergic homeostasis.

OBJECTIVE: We hypothesized …

Electrochemical Biosensors For The Detection Of Antibiotics In Milk: Recent Trends And Future Perspectives, Baljit Singh Dr., Abhijnan Bhat, Lesa Dutta, Kumari Riya Pati, Yaroslav Korpan, Isha Dahiya

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Antibiotics have emerged as ground-breaking medications for the treatment of infectious diseases, but due to the excessive use of antibiotics, some drugs have developed resistance to microorganisms. Because of their structural complexity, most antibiotics are excreted unchanged, polluting the water, soil, and natural resources. Additionally, food items are being polluted through the widespread use of antibiotics in animal feed. The normal concentrations of antibiotics in environmental samples typically vary from ng to g/L. Antibiotic residues in excess of these values can pose major risks the development of illnesses and infections/diseases. According to estimates, 300 million people will die prematurely in …

Quantifying Farm-To-Fork Greenhouse Gas Emissions For Five Dietary Patterns Across Europe And North America: A Pooled Analysis From 2009 To 2020, Daniel Burke, Paul Hynds, Anushree Priyadarshini

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Dietary patterns are inherently related to greenhouse (GHG) emissions via agricultural practices and food production systems. As the global population is predicted to increase from 8 billion (current) to 9.6 billion by 2050 added pressure will be placed on existing agricultural systems, resulting in increased GHG emissions thus exacerbating climate change. Therefore, there is an urgent need to understand present-day dietary patterns to shift to sustainable and healthy diets to mitigate GHG emissions and meet future climate targets. However, no review or pooled analyses of dietary pattern emissions from a farm-to-fork perspective has been undertaken to date. The current study …

Pro-Environmental Diversification Of Pasture-Based Dairy And Beef Production In Ireland, The United Kingdom And New Zealand: A Scoping Review Of Impacts And Challenges, Maria Markiewicz-Keszycka, Aileen Carter, Donal O'Brien, Maeve Henchion, Simon Mooney, Paul Hynds

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Grass-fed dairy and beef products are valued by consumers for their unique nutrient profile, enhanced animal welfare and lower environmental footprint compared to conventional produce derived from animals reared indoors on higher volumes of concentrate feeds (O'Callaghan et al., Reference O'Callaghan, Vázquez-Fresno, Serra-Cayuela, Dong, Mandal, Hennessy, McAuliffe, Dillon, Wishart, Stanton and Ross2018; Moscovici Joubran et al., Reference Moscovici Joubran, Pierce, Garvey, Shalloo and O'Callaghan2021). For the current study, pasture-based production of dairy and beef is defined as a system within which cattle graze freely outdoors on green pasture for ≥6 months per year, using grazed grass as the primary feed …

Occurrence Of High-Risk Clonal Lineages St58, St69, St224, And St410 Among Extended-Spectrum-Lactamase-Producing Escherichia Coli Isolated From Healthy Free-Range Chickens (Gallus Gallus Domesticus) In A Rural Region In Tunisia, Saloua Benlabidi, Anis Raddaoui, Sana Lengliz, Sarah Cheriet, Paul Hynds, Wafa Achour, Taoufik Ghrairi, Mohamed Salah Abbassi Salah Abbassi

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Antimicrobial-resistant Escherichia coli isolates have emerged in various ecologic compartments and evolved to spread globally. We sought to (1.) investigate the occurrence of ESBL-producing E. coli (ESBL-Ec) in feces from free-range chickens in a rural region and (2.) characterize the genetic background of antimicrobial resistance and the genetic relatedness of collected isolates. Ninety-five feces swabs from free-range chickens associated with two households (House 1/House 2) in a rural region in northern Tunisia were collected. Samples were screened to recover ESBL-Ec, and collected isolates were characterized for phenotype/genotype of antimicrobial resistance, integrons, and molecular typing (pulsed-field gel electrophoresis (PFGE) and multilocus …

Selection And Characterization Of Bacteriocinogenic Lactic Acid Bacteria From The Intestine Of Gilthead Seabream (Sparus Aurata) And Whiting Fish (Merlangius Merlangus): Promising Strains For Aquaculture Probiotic And Food Bio-Preservation, Sarah Cheriet, Sana Lenglitz, Amel Romdhani, Paul Hynds, Mohamed Salah Abbassi, Taofik Ghrairi

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This study sought to evaluate the probiotic properties and the food preservation ability of lactic acid bacteria isolates collected from the intestines of wild marine fishes (gilthead seabream (Sparus aurata) (n = 60) and whiting fish (Merlangius merlangus) (n = 40)) from the Mediterranean sea in the area of Mostaganem city, Algeria. Forty-two isolates were identified as: Enterococcus durans (n = 19), Enterococcus faecium (n = 15), Enterococcus faecalis (n = 4), Lactococcus lactis subp. lactis (n = 3), and Lactobacillus plantarum (n = 1). All isolates showed inhibition to at least one indicator strain, especially against Listeria monocytogenes, Staphylococcus …

Unintended Consequences Of Covid-19 Non-Pharmaceutical Interventions (Npis) For Population Health And Health Inequalities, Coilin Ohaiseadha, Gerry A. Quinn, Ronan Connolly, Awwad Wilson, Michael Connolly, Willie Soon, Paul Hynds

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Since the start of the COVID-19 pandemic in early 2020, governments around the world have adopted an array of measures intended to control the transmission of the SARS-CoV-2 virus, using both pharmaceutical and non-pharmaceutical interventions (NPIs). NPIs are public health interventions that do not rely on vaccines or medicines and include policies such as lockdowns, stay-at-home orders, school closures, and travel restrictions. Although the intention was to slow viral transmission, emerging research indicates that these NPIs have also had unintended consequences for other aspects of public health. Hence, we conducted a narrative review of studies investigating these unintended consequences of …

Behavioral Pathways To Private Well Risk Mitigation: A Structural Equation Modeling Approach, Simon Mooney, Martin Boudou, Jean O'Dwyer, Paul Hynds

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Complex, multi hazard risks such as private groundwater contamination necessitate multiannual risk reduction actions including seasonal, weather-based hazard evaluations. In the Republic of Ireland (ROI), high rural reliance on unregulated private wells renders behavior promotion a vital instrument toward safeguarding household health from waterborne infection. However, to date, pathways between behavioral predictors remain unknown while latent constructs such as extreme weather event (EWE) risk perception and self-efficacy (perceived behavioral competency) have yet to be sufficiently explored. Accordingly, a nationwide survey of 560 Irish private well owners was conducted, with structural equation modeling (SEM) employed to identify underlying relationships determining key …

A Label-Free Fiber Ring Laser Biosensor For Ultrahigh Sensitivity Detection Of Salmonella Typhimurium, Shi Qiu, Bin Liu, Yuankui Leng, Edward Fox, Xian Zhou, Binbin Yan, Xinzhu Sang, Long Long, Xingdao He, Jinhui Yuan, Gerald Farrell, Qiang Wu

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The rapid detection of low concentrations of Salmonella Typhimurium (S. Typhimurium) is an essential preventive measure for food safety and prevention of foodborne illness. The study presented in this paper addresses this critical issue by proposing a single mode-tapered seven core-single mode (STSS) fiber ring laser (FRL) biosensor for S. Typhimurium detection. The experimental results show that the specific detection time of S. Typhimurium is less than 20 min and the wavelength shift can achieve -0.906 nm for an S. Typhimurium solution (10 cells/mL). Furthermore, at a lower concentration of 1 cell/mL applied to the biosensor, a result of -0.183 …

Isolation And Identification Of Chlorate-Reducing Hafnia Sp. From Milk, William P. Mccarthy, Meghana Srinivas, Martin Danaher, Christine O'Connor, Tom F. O'Callaghan, Douwe Van Sinderen, John Kenny, John T. Tobin

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Chlorate has become a concern in the food and beverage sector, related to chlorine sanitizers in industrial food production and water treatment. It is of particular concern to regulatory bodies due to the negative health effects of chlorate exposure. This study investigated the fate of chlorate in raw milk and isolated bacterial strains of interest responsible for chlorate breakdown. Unpasteurized milk was demonstrated to have a chlorate-reducing capacity, breaking down enriched chlorate to undetectable levels in 11 days. Further enrichment and isolation using conditions specific to chlorate-reducing bacteria successfully isolated three distinct strains of Hafnia paralvei . Chlorate-reducing bacteria were …

Witness Hide-And-Seek: Why Federal Prosecutors Should Record Pretrial Interviews, Christina Frohock, Jeffrey E. Marcus

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This Article pays long-overdue attention to a federal appellate court's warning against "playing hide-and-seek" with witnesses. Specifically, prosecutors should record interviews. While courtroom cameras dominate the topic of judicial transparency, cameras can play a critical role in a sleepier corner of criminal proceedings: pretrial witness interviews. The Article first tracks the history of open judicial proceedings as a tradition of our Anglo- American jurisprudence. Next, the Article identifies the normative thread running through that history. Fairness may suffer when cameras transform public proceedings into publicized proceedings. Finally, the Article argues that this same issue of fairness applies to pretrial witness …