Digital Commons Network^™

Going Rogue: The Supreme Court's Newfound Hostility To Policy-Based Bivens Claims, Joanna C. Schwartz, Alexander A. Reinert, James E. Pfander

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In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court held that a proposed Bivens remedy was subject to an exacting special factors analysis when the claim arises in a “new context.” In Ziglar itself, the Court found the context of the plaintiffs’ claims to be “new” because, in the Court’s view, they challenged “large-scale policy decisions concerning the conditions of confinement imposed on hundreds of prisoners.” Bivens claims for damages caused by unconstitutional policies, the Court suggested, were inappropriate.

This Essay critically examines the Ziglar Court’s newfound hostility to policy-based Bivens claims. We show that an …

Federal Land Conservation In Rural Areas, Jessica Owley, Jess Phelps

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No abstract provided.

Energy Metabolism And Aging., Andrzej Bartke, Savannah Brannan, Erin Hascup, Kevin Hascup, Justin Darcy

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Aging is strongly related to energy metabolism, but the underlying processes and mechanisms are complex and incompletely understood. Restricting energy intake and reducing metabolic rate can slow the rate of aging and extend longevity, implying a reciprocal relationship between energy metabolism and life expectancy. However, increased energy expenditure has also been associated with improved health and longer life. In both experimental animals and humans, reduced body temperature has been related to extended longevity. However, recent findings on the function of thermogenic (brown or beige) adipose tissue produced intense interest in increasing the amount of energy expended for thermogenesis to prevent …

Reframing Article I, Section 8, Richard Primus

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Constitutional lawyers usually think of the Constitution's enumeration of congressional powers as a device for limiting the federal government's legislative jurisdiction. And there's something to that. But considered from the point of view of the Constitution's drafters, it makes more sense to think of the enumeration of congressional powers as primarily a device for empowering Congress, not limiting it. The Framers wanted both to empower and to limit the general government, and the Constitution's enumeration of congressional powers makes more sense as a means of empowerment than as a means of limitation. The major exception--that is, the one significant way …

Identifying Predictors Of Peripheral Intravenous Catheter Failure Using A Novel Combination Of Clinical And Ultrasonographic Assessments, Amit Bahl, Steven Johnson, Nicholas Mielke, Patrick Karabon

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No abstract provided.

Associations Between Dietary Patterns And Inflammatory Markers During Pregnancy: A Systematic Review, Kuan-Lin Yeh, Amber Kautz, Barbara A. Lohse, Susan W. Groth

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Elevated inflammation in pregnancy has been associated with multiple adverse pregnancy outcomes and potentially an increased susceptibility to future chronic disease. How maternal dietary patterns influence systemic inflammation during pregnancy requires further investigation. The purpose of this review was to comprehensively evaluate studies that assessed dietary patterns and inflammatory markers during pregnancy. This review was guided by the Preferred Reporting Items for Systematic Review and Meta-Analyses. Included studies were sourced from EMBASE, PubMed, Web of Science, and Scopus and evaluated using The Quality Assessment Tool for Quantitative Studies. Inclusion criteria consisted of human studies published in English between January 2007 …

Delegation At The Founding, Julian Davis Mortenson, Nicholas Bagley

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This article refutes the claim that the Constitution was originally understood to contain a nondelegation doctrine. The founding generation didn’t share anything remotely approaching a belief that the constitutional settlement imposed restrictions on the delegation of legislative power---let alone by empowering the judiciary to police legalized limits. To the contrary, the overwhelming majority of Founders didn’t see anything wrong with delegations as a matter of legal theory. The formal account just wasn’t that complicated: Any particular use of coercive rulemaking authority could readily be characterized as the exercise of either executive or legislative power, and was thus formally valid regardless …

The Reincorporation Of Prisoners Into The Body Politic: Eliminating The Medicaid Inmate Exclusion Policy, Mira K. Edmonds

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Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (“MIEP”). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the expansion of Medicaid eligibility under the Patient Protection and Affordable Care Act of 2010. It explores three reasons for eliminating the MIEP. First, the inclusion of incarcerated populations in Medicaid coverage would signify the final erasure from the Medicaid regime of the istinction between …

Japanese Quail (Coturnix Japonica) As A Novel Model To Study The Relationship Between The Avian Microbiome And Microbial Endocrinology-Based Host-Microbe Interactions, James Keane, Joshua M. Lyte, Julia Eckenberger, Nicholas Anthony, Sandip Shrestha, Daya Marasini, Karrie M. Daniels, Valentina Caputi, Annie M. Donoghue, Mark Lyte

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Background

Microbial endocrinology, which is the study of neuroendocrine-based interkingdom signaling, provides a causal mechanistic framework for understanding the bi-directional crosstalk between the host and microbiome, especially as regards the effect of stress on health and disease. The importance of the cecal microbiome in avian health is well-recognized, yet little is understood regarding the mechanisms underpinning the avian host-microbiome relationship. Neuroendocrine plasticity of avian tissues that are focal points of host-microbiome interaction, such as the gut and lung, has likewise received limited attention. Avian in vivo models that enable the study of the neuroendocrine dynamic between host and microbiome are …

Biomedical Applications Of Vibrational Spectroscopy: Oral Cancer Diagnostics, Hugh Byrne, Isha Behl, Genecy Calado, Ola Ibrahim, M. Toner, Sheila Galvin, Claire M. Healy, Steven Flint, Fiona Lyng

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Vibrational spectroscopy, based on either infrared absorption or Raman scattering, has attracted increasing attention for biomedical applications. Proof of concept explorations for diagnosis of oral potentially malignant disorders and cancer are reviewed, and recent advances critically appraised. Specific examples of applications of Raman microspectroscopy for analysis of histological, cytological and saliva samples are presented for illustrative purposes, and the future prospects, ultimately for routine, chairside in vivo screening are discussed.

Affective Sentience And Moral Protection, Russell Powell, Irina Mikhalevich

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We have structured our response according to five questions arising from the commentaries: (i) What is sentience? (ii) Is sentience a necessary or sufficient condition for moral standing? (iii) What methods should guide comparative cognitive research in general, and specifically in studying invertebrates? (iv) How should we balance scientific uncertainty and moral risk? (v) What practical strategies can help reduce biases and morally dismissive attitudes toward invertebrates?

Decolonial Feminist Theory: Embracing The Gendered Colonial Difference In Management And Organisation Studies, Jennifer Manning

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Feminist theories in management and organization studies, each with their own ontological and epistemological assumptions, offer critical perspectives of the status quo to challenge our idea of progress in the discipline, yet there is limited engagement with ideas, theories, or practices from the lived experiences of Global South women. Decolonial feminism engages with debates pertaining to coloniality/ modernity and indigenous identity and gender in Latin America, while providing a space for the voices and lived experiences of marginalized, non‐Western(ised) women. Positioned in the context of Guatemalan Maya women and deploying critical insights from decolonial feminists, I unpack how the discourse …

An Investigation Into The Food Related Traditions Associated With The Christmas Period In Rural Ireland, Stephanie Byrne, Kathleen Farrell

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The interdisciplinary nature of food studies lends itself to the study of food through many avenues, most notably in this research, through folklore and the oral history transcripts of the Schools’ Collection made by the Irish Folklore Commission in 1937–1938. Folklore can give us an insight into sometimes overlooked features of society and how people’s lives can be studied and highlighted through their relationship with food. The Christmas period was an extremely important time in Irish tradition, and food was a main aspect of that celebration. This paper, therefore, at first delves into the literature surrounding Christmas, folklore, and food; …

Affiliated Issue With 2020 College Art Association Annual Conference, ‘Flesh And Circuit: Rethinking Performance And Technology’ (Chicago, Il, Usa), Conor Mcgarrigle Dr., E.L. Putnam

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The live, embodied, material, and interactive qualities of performance have made it a notable means of exploring the creative potential of technological engagement, acting as a critical vector for revealing and resisting the technological colonisation of everyday life. The innovative collaborations of Experiments in Art and Technology (EAT) during the 1960’s with artists such as Yvonne Rainer and Robert Rauschenberg, Stelarc’s extreme body modifications, Dumb Type’s intermedia performance, and Guillermo Gomez-Pena and La Pocha Nostra’s poetic and speculative imaginings, have mapped the advances in technology and opened new creative fields to explore embodiment. However, there are still some significant oversights …

Food Industries Wastewater Recycling For Biodiesel Production Through Microalgal Remediation, Divakar Dahiya, Uttam K. Ghosh, Poonam S. Nigam, Amit Jaiswal

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This article is an overview of a biosystem of food-industry wastewater (WW) treatment using microalgae towards circular bioeconomy through biosynthesis of compounds of added-value. Focusing on circular bioeconomy with concern to environmental pollution, the management of water-resource and energy-crisis could be combined; by upgrading conventional WW treatment and simultaneously producing a renewable and sustainable source of energy algal-lipids for biodiesel production. Phyco-remediation of food WW using microalgae has revealed many advantages that can fulfill new demands for the WW treatment. WWs can be valuable resources of micronutrients and organic content (carbon source) for algal cultivation. In this review, prospective routes …

Exploring Evidence Of Lost And Forgotten Irish Food Traditions In Irish Cookbooks 1980-2015, Diarmaid Murphy

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A study by the Irish Food Board, Bord Bia, in 2008 outlined some lost and forgotten food traditions in Ireland based on the evidence from a pre-selected expert group. This paper explores the inclusion of traditional Irish foods within seventy-nine Irish cookbooks, published between 1980 to 2015. Extant academic and grey literature on food traditions and cookbooks, together with the content of the cookbooks, identified a gradual decline in the presence of certain traditional Irish foods, to the point where they could be deemed lost or forgotten. The study, however, also finds a re-emergence in the most recent period. A …

Fashion, Models, And Intellectual Property, Andres Sawicki

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In this Article, I revisit the impact of Professor Kal Raustiala and Professor Christopher Sprigman 's landmark article, The Piracy Paradox. Their work identified an empirical anomaly that was difficult to explain in light of the standard justification for intellectual property rights: although IP law does not grant meaningful exclusivity in novel fashion designs, the fashion industry invests significant resources developing those novel designs. To account for this anomaly, The Piracy Paradox shifted the focus from the supply side of innovation to the demand side. The standard justification emphasized that innovators face threats of copying that they cannot easily …

Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone

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No abstract provided.

A New Epoch For Community Renewable Energy Co-Operatives In Ireland? An Exploration Of The Factors Influencing Their Development, Gerard Doyle

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The paper outlines the capacities required for community groups to successfully establish and maintain renewable energy co-operatives in Ireland. The paper finds that community groups that successfully establish renewable energy co-operatives must possess high levels of resilience, have access to technical expertise, and have appropriate finance. It also highlights how it is crucial that at least one member of each renewable energy co-operative engages with state agencies and the community. Pringle’s (2015) theoretical framework applied in this paper focuses on the capacities required for the successful implementation of community renewable energy projects (which include community renewable energy co-operatives) in rural …

Governing Complexity: Integrating Science, Governance, And Law To Manage Accelerating Change In The Globalized Commons, Barbara Cosens

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The speed and uncertainty of environmental change in the Anthropocene challenge the capacity of coevolving social–ecological–technological systems (SETs) to adapt or transform to these changes. Formal government and legal structures further constrain the adaptive capacity of our SETs. However, new, self-organized forms of adaptive governance are emerging at multiple scales in natural resource-based SETs. Adaptive governance involves the private and public sectors as well as formal and informal institutions, self-organized to fill governance gaps in the traditional roles of states. While new governance forms are emerging, they are not yet doing so rapidly enough to match the pace of environmental …

Communion: Envisioning And Executing The Fourth National People Of Color Legal Scholarship Conference — The Largest Ever Gathering Of Minority Law Scholars, Anthony E. Varona

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No abstract provided.

Taxing Buybacks, Daniel Daniel, Gregg Polsky

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No abstract provided.

The Eventual Decline Of Empirical Law And Economics, Saul Levmore

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No abstract provided.

Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa

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There is a large body of research in economics and law suggesting that the legal origin of a country that is, whether its legal regime is based on English common law or French, German, or Nordic civil law--profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country datasets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly predicts whether countries have …

Property Law For The Ages, Michael Pollack, Lior Strahilevitz

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No abstract provided.

Macdl Weighs In On The Most Consequential Pardon Case In 125 Years, Janeanne Murray

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No abstract provided.

Uncoupling, June Carbone, Naomi Cahn

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No abstract provided.

Case Study: Transition To A Vegan Diet In An Elite Male Gaelic Football Player, Daniel Davey, Shane Malone, Brendan Egan

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Vegan diets are increasingly of interest to athletes, but require a well-planned approach in order to mitigate the risk of potential adverse effects on nutrient intakes, and consequently performance. This case study reports the process of an elite male Gaelic football player (age 25 years; height, 1.88 m; body mass, 87.8 kg; lean body mass, 73.26 kg; body fat, 11.3%) transitioning from an omnivorous diet to a vegan diet at the beginning of a competitive season. The report encompasses key considerations in the planning and provision of nutrition support in this context, in addition to iterations needed based on challenges …

Experimental Analysis Of Fabricated Synthetic Midthoracic Paediatric Spine As Compared To The Porcine Spine Based On Range Of Motion (Rom), Nor Amalina Muhayudin, Khairul Salleh Basaruddin, Ruslizam Daud, Fiona Mcevoy

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The present study is aimed at investigating the mechanical behaviour of fabricated synthetic midthoracic paediatric spine based on range of motion (ROM) as compared to porcine spine as the biological specimen. The main interest was to ensure that the fabricated synthetic model could mimic the biological specimen behaviour. The synthetic paediatric spine was designed as a 200% scaled-up model to fit into the Bionix Servohydraulic spine simulator. Biomechanical tests were conducted to measure the ROM and nonlinearity of sigmoidal curves at six degrees of freedom (DOF) with moments at ±4 Nm before the specimens failed. Results were compared with the …

An Exploratory Study Of Food Traditions Associated With Imbolg (St. Brigid’S Day) From The Irish Schools’ Folklore Collection, Caitriona Niphilibin, Máirtín Mac Con Iomaire

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This study explores the food traditions of Imbolg or St. Brigid’s Day (1st February), one of the quarter days of the Irish calendar year, which heralds the awakening of spring. Imbolg is comparable to Christmas eve, in that celebratory potato dishes such as colcannon or ‘poundies’ and boxty are consumed. Throughout the Schools’ Collection (6,000 copybooks filled with folklore collected by over 50,000 children), a rich food history where customs, superstitions, divinations and a mixing of the pagan and Christian traditions is evident. Four main themes: ‘Dishes’, ‘Brigid’s Crosses’, ‘Biddy Boys and Brídeogs’ and ‘Brigid, miracles and religion’ were identified, …