Digital Commons Network^™

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findlay, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry Scheck, Thomas L. Bohan

Articles

Few medico-legal matters have generated as much controversy-both in the medical literature and in the courtroom-as Shaken Baby Syndrome (SBS), now known more broadly as Abusive Head Trauma (AHT). The controversies are of enormous significance in the law because child abuse pediatricians claim, on the basis of a few non-specific medical findings supported by a weak and methodologically flawed research base, to be able to "diagnose" child abuse, and thereby to provide all of the evidence necessary to satisfy all of the legal elements for criminal prosecution (or removal of children from their parents). It is a matter, therefore, in …

Politics, Governance, And Leadership: What Can We Learn From The Academy Of Management’S Response To Eo13769?, Gerald Davis, Michel Anteby, Forrest Briscoe, P. Devereux Jennings, Samina Karim, Aseem Kaul, Sergio Lazzarini, Banu Ozkazanc-Pan, Paul Donnelly, Andreas Rasche, Anne S. Tsui, Thomas A. Wright, Todd R. Zenger

Articles

Organization design seeks to balance potentially conflicting objectives while achieving a broader mission. EO13769 created a challenge for the president of the Academy of Management in leading through these conflicts, as President Anita McGahan describes: how to be true to her own moral values while leading an organization with well-established design constraints, and members with diverse opinions. This article shares the perspectives of 12 scholars on the lessons we can learn from Professor McGahan’s leadership of a constraining organization through a challenging time.

Agents Of Change: Using Transformative Learning Theory To Enhance Courses In Business Ethics And Social Entrepreneurship, Christina C. Benson, Gary R. Palin, Thomas M. Cooney, Kathleen Farrell

Articles

How can we catalyze “entrepreneurial thinking” and cultivate a deeper understanding of social responsibility and sustainability in business education? Academic scholars have begun to explore the key characteristics and origins of an “entrepreneurial mindset” through new streams of research in the areas of “entrepreneurial cognition” and “design thinking”. Similarly, modern scholarship on “sustainable business” and “creating shared value” has offered a new sense of direction for research on social responsibility. If only a simple lecture or power point presentation could convey all the real-world complexities involved in actually creating shared value, or in effectively balancing “people, planet and profits.” If …

Craft Beer And The Rising Tide Effect: An Empirical Study Of Sharing And Collaboration Among Seattle’S Craft Breweries, Zahr K. Said

Articles

This qualitative empirical research project studies Seattle’s craft brewing industry as a thriving entrepreneurial ecosystem that displays widespread collaboration and innovation. Drawing on data collected in 22 face-to-face formal interviews conducted with industry participants, the Article explores the community’s attitudes, practices, and norms with respect to collaboration and intellectual property (IP). It joins a growing body of qualitative empirical IP scholarship that maps misalignments between law and practice “on the ground,” seeking to offer a more accurate and pluralistic account of an innovative industry. The craft brewing community in Seattle cooperates extensively while continuing to compete actively for consumers. In …

The Clear And Present Dangers Of The Clear And Present Danger Test: Schenck And Abrams Revisited, Ronald J. Krotoszynski Jr.

Articles

From March 3 1919 to November 10 1919 Justice Oliver Wendell Holmes's understanding of the First Amendment underwent a transformation In Schenck Debs and Frohwerk all decided in March 1919 Justice Holmes authored majority opinions that embraced a "bad tendencies" test as the constitutional standard required to regulate "“ or even proscribe entirely "“ political speech that includes a call to unlawful action Although Holmes used the language of a "clear and present danger" these decisions applied a very deferential standard of review and did not require the government to prove beyond a reasonable doubt the probability of political speech …

Traversing States: A Reflection On Digital Technology And Simondon's Critique Of Hylomorphism, Michael O'Hara

Articles

In this article, I examine Simondon's concept of the technical object reflecting on its analogous relationship to digital technology. Intrinsic to such an analysis is Simondon's distinction between the abstract and concrete and his specific critique of the hylomorphic model. In a deeply rich example, Simondon, contra Aristotle, mobilises the process of mould-making as an exemplar of the modulated ensemble of forces that prefigure any formations of matter through form. I analyse Simondon's paradigmatic criticism while at the same time carving out the potential intersections that emerge through the kinaesthetic awareness of the body. By doing so I highlight the …

Children As Bargaining Chips, Clare Ryan

Articles

The parent- child relationship is one of the most valued and protected relationships in constitutional and family law. At the same time, the state has custodial power over children: a power that is necessary in some cases to protect vulnerable children from danger, neglect, and abandonment. But because the parent-child bond is so powerful, state actors can be tempted to exploit it for their own purposes. Custodial power over children provides state actors with the means to put pressure on the parent by threatening to remove the child. In these circumstances, the state uses the child as a bargaining chip …

Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic

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No abstract provided.

Crime Fantasies, John Felipe Acevedo

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No abstract provided.

The Role Of Previous Discourse In Identifying Public Textual Cyberbullying, Aurelia Power, Anthony Keane, Brian Nolan, Brian O'Neill

Articles

In this paper we investigate the contribution of previous discourse in identifying elements that are key to detecting public textual cyberbullying. Based on the analysis of our dataset, we first discuss the missing cyberbullying elements and the grammatical structures representative of discourse-dependent cyberbullying discourse. Then we identify four types of discourse dependent cyberbullying constructions: (1) fully inferable constructions, (2) personal marker and cyberbullying link inferable constructions, (3) dysphemistic element and cyberbullying link inferable constructions, and (4) dysphemistic element inferable constructions. Finally, we formalise a framework to resolve the missing cyberbullying elements that proposes several resolution algorithms. The resolution algorithms target …

Assessment Of Imagining And Material Characteristics Of A Radiopaque, Thermoresponsive Hydrogel For Intratumoral Administration To Solid Tumours, Seona Rossi, Timothy E. Murray, John Cassidy, Michael J. Lee, Helena M. Kelly

Articles

Introduction

Thermoresponsive hydrogels are gels which have different properties at varying temperatures. The objective of this study was to assess the material characteristics, imaging properties and chemotherapeutic drug release profile of a novel radiopaque thermoresponsive hydrogel, which is liquid at room temperature but solidifies at body temperature, to determine potential suitability for intratumoral delivery.

Materials and Methods

An iodinated radiopaque thermoresponsive hydrogel was formulated using iodixanol at a range of concentrations and assessed for sol-gel transition, radiopacity and imaging using CT and US. A lead formulation containing 9.22% w/w iodixanol was evaluated for injectability, disintegration and dual drug release of …

Interpreting And Reporting Principal Component Analysis In Food Science Analysis And Beyond, D. Cozzolino, A. Power, J. Chapman

Articles

Principal component analysis (PCA) is one of the most widely used data mining techniques in sciences and applied to a wide type of datasets (e.g. sensory, instrumental methods, chemical data). However, several questions and doubts on how to interpret and report the results are still asked every day from students and researchers. This brief communication is inspired in relation to those questions asked by colleagues and students. Please note that this article is a focus on the practical aspects, use and interpretation of the PCA to analyse multiple or varied data sets. In summary, the application of the PCA provides …

Preliminary Results From The Farce 2015 Campaign: Multidisciplinary Study Of The Forest–Gas–Aerosol–Cloud System On The Tropical Island Of Laréunion, Valentin Duflot, Pierre Tulet, Olivier Flores, Christelle Barthe, Aurélie Colomb, Laurent Deguillaume, Mickael Vaïtilingom, Anne Perring, Alex Huffman, Markt. Hernandez, Karine Sellegri, Ellis Robinson, David J. O'Connor, Odessa M .Gomez, Frédéric Burnet, Thierry Bourrianne, Dominique Strasberg, Manon Rocco, Allan K Bertram, Patrick Chazette, Julien Totems, Pierre Stamenoff, Jean-Marc Metzger, Mathilde Chabasset, Clothilde Rousseau, Eric Bourrianne, Martine Sancelme, Anne-Marie Delort, Rachel E. Wegener, Cedric Chou, Pablo Elizondo

Articles

The Forests gAses aeRosols Clouds Exploratory (FARCE) campaign was conducted in March–April 2015 on the tropical island of La Réunion. For the first time, several scientific teams from different disciplines collaborated to provide reference measurements and characterization of LaRéunionvegetation,volatileorganiccompounds(VOCs), biogenic VOCs (BVOCs), (bio)aerosols and composition of clouds, with a strong focus on the Maïdo mountain slope area. The main observations obtained during this 2-month intensivefieldcampaignaresummarized.Theyincludecharacterizations of forest structure, concentrations of VOCs and precursors emitted by forests, aerosol loading and optical properties in the planetary boundary layer (PBL), formation of new particles by nucleation of gas-phase precursors, icenucleatingparticlesconcentrations,andbiologicalloadingin bothcloud-freeandcloudyconditions.SimulationsandmeasurementsconfirmthattheMaïdoObservatorylieswithinthe PBL from …

Identification Of Surrogate Biomarkers For The Prediction Of Patients At Risk Of Low Macular Pigment In Type 2 Diabetes, Grainne Scanlon, Daniel Mccartney, John Butler, Ekaterina Loskutova, James Loughman

Articles

Purpose: This cross-sectional study compared macular pigment (MP) levels among persons with Type 2 diabetes relative to healthy controls. Additionally, a range of behavioral, anthropometric, clinical and serum measures were explored as possible predictors of low MP optical density (MPOD) in diabetes.

Lutein And Zeaxanthin: The Possible Contribution, Mechanisms Of Action And Implications Of Modern Dietary Intake For Cognitive Development In Children. [Version 1; Peer Review: 2 Approved], Ekaterina Loskutova, Kajal Shah, Daniel Ian Flitcroft, Annalisa Setti, John Butler, Yvonne Nolan, Nabin Paudel, James Loughman

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No abstract provided.

Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel

Articles

Many believe that consumer-sourced reputational information about products should increasingly replace top-down regulation. Instead of protecting consumers through coercive laws, reputational information gleaned from the wisdom of the crowd would guide consumer decision-making. There is now a growing pressure to deregulate in diverse fields such as contracts, products liability, consumer protection, and occupational licensing.

This Article presents a common failure mode of systems of reputation: "Reputation Failure." By spotlighting the public-good nature of reviews, rankings, and even gossip, this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value. As a result …

Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel

Articles

Many believe that consumersourced reputational information about products would increasingly replace topdown regulation Instead of protecting consumers through coercive laws reputational information gleaned from the wisdom of the crowd would guide consumer decision making There is now a growing pressure to deregulate in diverse fields such as contracts products liability consumer protection and occupational licensingbrbrThis Article presents a common failure mode of systems of reputation "Reputation Failure" By spotlighting the publicgood nature of reviews rankings and even gossip this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value As a result …

Developing Gold Nanoparticles-Conjugated Aflatoxin B1 Antifungal Strips, Tobiloba Sojinrin, Kangze Liu, Kan Wang, Daxiang Cui, Hugh Byrne, James Curtin, Furong Tian

Articles

Lateral flow immunochromatographic assays are a powerful diagnostic tool for point-of-care tests, based on their simplicity, specificity, and sensitivity. In this study, a rapid and sensitive gold nanoparticle (AuNP) immunochromatographic strip is produced for detecting aflatoxin B1 (AFB1) in suspicious fungi-contaminated food samples. The 10 nm AuNPs were encompassed by bovine serum albumin (BSA) and AFB1 antibody. Thin-layer chromatography, gel electrophoresis and nuclear magnetic resonance spectroscopy were employed for analysing the chemical complexes. Various concentrations of AFB1 antigen (0–16 ng/mL) were tested with AFB1 antibody–BSA–AuNPs (conjugated AuNPs) and then analysed by scanning electron microscopy, ultraviolet–visible spectroscopy, and Zetasizer. The results …

Improving Enzymatic Hydrolysis Of Brewer Spent Grain With Nonthermal Plasma, Rajeev Ravindran, Chaitanya Sarangapani, Swarna Jaiswal, Peng Lu, Patrick J. Cullen, Paula Bourke, Amit Jaiswal

Articles

In this study, a new pre-treatment method based on novel non-thermal plasma technology was developed to improve the enzymatic hydrolysis of brewer’s spent grain (BSG) and subsequent bioethanol production. A submerged dielectric barrier discharge plasma reactor system was applied for this purpose. Pre-treatments were performed by taking into account variables including; voltages (22 kV, 25 kV and 28 kV), solvent (acid, alkali and water) and time (5, 10, 15 min). The resulting treated biomass was subjected to enzymatic hydrolysis. A 2.14-fold increase in yield of the reducing sugar was achieved post hydrolysis when the biomass was treated in water for …

Biological Membranes In Ev Biogenesis, Stability, Uptake, And Cargo Transfer: An Isev Position Paper Arising From The Isev Membranes And Evs Workshop, Ashley E. Russell, Alexandra Sneider, Kenneth W. Witwer, Paola Bergese, Suvendra N. Bhattacharyya, Alexander Cocks, Emanuele Cocucci, Uta Erdbrugger, Juan M. Falcon-Perez, David W. Freeman, Thomas M. Gallagher, Shuaishuai Hu, Yiyao Huang, Steven M. Jay, Shin-Ichi Kano, Gregory Lavieu, Aleksandra Leszczynska, Alicia M. Llorente, Quan Lu, Vasiliki Mahairaki, Dillon C. Muth, Nicole Noren Hooten, Matias Ostrowski, Ilaria Prada, Susmita Sahoo, Tine Hiroth Schoyen, Lifu Sheng, Deanna Tesch, Guillaume Van Niel, Roosmarijn E. Vandenbroucke, Frederik J. Verweij, Ana V. Villar, Marca Wauben, Hang Yin, David Raul Francisco Carter, Pieter Vader

Articles

Paracrine and endocrine roles have increasingly been ascribed to extracellular vesicles (EVs) generated by multicellular organisms. Central to the biogenesis, content, and function of EVs are their delimiting lipid bilayer membranes. To evaluate research progress on membranes and EVs, the International Society for Extracellular Vesicles (ISEV) conducted a workshop in March 2018 in Baltimore, Maryland, USA, bringing together key opinion leaders and hands-on researchers who were selected on the basis of submitted applications. The workshop was accompanied by two scientific surveys and covered four broad topics: EV biogenesis and release; EV uptake and fusion; technologies and strategies used to study …

Visceral Adipose Tissue Modulates Radiosensitivity In Oesophageal Adenocarcinoma, Ann Marie Mongan, Niamh Lynam-Lennon, Suzanne Doyle, Rory Casey, Eibhlin Carr, Aoife Cannon, Melissa J Conroy, Graham P Pidgeon, Lorraine Brennan, Joanne Lysaght, John V. Reynolds, Jacintha O’Sullivan

Articles

Oesophageal adenocarcinoma (OAC) is an exemplar model of obesity-associated cancer. Response to neoadjuvant chemoradiotherapy (NA CRT) is a clinical challenge. We examined if visceral adipose tissue and obesity status alter radiosensitivity in OAC. The radioresistant (OE33R) and radioresponsive (OE33P) OAC isogenic model was cultured with adipose tissue conditioned media from three patient cohorts: non-cancer patients, surgery only OAC patients and NA CRT OAC patients. Cell survival was characterised by clonogenic assay, metabolomic profiling by nuclear magnetic resonance spectroscopy and adipokine receptor gene expression by qPCR. A retrospective in vivo study compared tumour response to NA CRT in normal weight (n=53) …

Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters

Articles

The article comments on a Grand Chamber judgment by the Court of the European Union on animal slaughter according to Islamic prescriptions. The relevant European Union laws prescribe that religious slaughter without stunning of the animal may only take place in approved slaughterhouses. This causes a shortage during the Muslim Feast of Sacrifice in the Belgian province ofAntwerp. The EU law provisions are in conformity with the animal welfare mainstreaming clause of the Treaty on the Functioning of the European Union. Moreover, the EU regulation and its application in the concrete case does not violate the fundamental right of free …

Crisis-Driven Tax Law: The Case Of Section 382, Albert H. Choi, Quinn Curtis, Andrew T. Hayashi

Articles

At the peak of the 2008 financial crisis, the Internal Revenue Service (IRS) issued Notice 2008–83 (the Notice), administrative guidance that limited Internal Revenue Code (the Code) section 382, an important tax rule designed to discourage tax-motivated acquisitions. Although styled as a mere interpretation of existing law, the Notice has been widely viewed as an improper exercise of the IRS’s authority that undermined its legitimacy. But did the Notice work? There were many extraordinary interventions during the financial crisis that raised questions about eroding the rule of law and the long-term destabilizing effects of bail­outs. In a financial crisis, regulators …

Metamorphosis: A Minority Professor's Life, Richard Delgado

Articles

This article is a dark semiautobiographical takeoff on a famous novel by Franz Kafka I use the predicament of Gregor the central character in The Metamorphosis as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law It proceeds in a series of 37 short vignettes told in the course of a bedside conversation in which my young firebrand Rodrigo turns tables on his usual foil and straight man "the Professor" and asks him a few questions about his life and career Until now the two had focused on …

Nobody Knew How Complicated: Constraining The President's Power To Re(Shape) Health Reform, Sallie Thieme Sanford

Articles

Beginning on inauguration day, President Trump has attempted an executive repeal of the Affordable Care Act. In doing so, he has tested the limits of presidential power. He has challenged the force of institutional and non-institutional constraints. And, ironically, he has helped boost public support for the ACA’s central features. The first two sections of this article respectively consider the use of the President’s tools to advance and to subvert health reform.

The final two sections consider the forces constraining the administration’s attempted executive repeal. I argue that the most important institutional constraint, thus far, is found in multifaceted actions …

Health Reform And Higher Ed: Campuses As Harbingers Of Medicaid Universality And Medicare Commonality, Sallie Thieme Sanford

Articles

Between 2010 and 2016, the percentage of uninsured higher education students dropped by more than half. All the Affordable Care Act’s key access provisions contributed, but the most important factor appears to be the Medicaid expansion. This article is the first to highlight this phenomenon and ground it in data. It explores the reasons for this dramatic expansion of coverage, links it to theoretical frameworks, and considers its implications for the future of health reform.

Drawing on Medicaid universality scholarship, I discuss potential consequences of including the educationally privileged in this historically stigmatized program. Extending this scholarship, I argue that …

America's (D)Evolving Childcare Tax Laws, Shannon Weeks Mccormack

Articles

Proponents have touted the ability of the Tax Cuts and Jobs Act (the TCJA) — enacted in the twilight of 2017 — to help American working families. But while the TCJA expanded some benefits available to parents with dependent children, these parental tax benefits may be claimed regardless of whether or to what extent childcare costs are incurred to work outside the home. To help working parents with these costs (which are often their largest expense), Congress might have turned to two other mechanisms in the tax law — the “child and dependent care credit” and the “dependent care exclusion.” …

Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries

Articles

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed white supremacist reaction to the nation’s first black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

Professionally Responsible Artificial Intelligence, Michael Hatfield

Articles

As artificial intelligence (AI) developers produce more applications for professional use, how will we determine when the use is professionally responsible? One way to answer the question is to determine whether the AI augments the professional’s intelligence or whether it is used as a substitute for it. To augment the professional’s intelligence would be to make it greater, that is, to increase and improve the professional’s expertise. But a professional who substitutes artificial intelligence for his or her own puts both the professional role and the client at risk. The problem is developing guidance that encourages professionals to use AI …

Numerically Modelling Time And Dose Dependent Cytotoxicity, Hugh Byrne, Marcus A. Maher

Articles

Dose-response curves are fundamental tools of in vitro toxicology, extensively employed in toxicant or drug screening. They are expressed by a variety of end-points and assays, measured at different time-points in a choice of cell-lines, but are typically quantified only using the mean concentration for 50% response (e.g. drug efficacy or pathway inhibition) as an indicator of overall effect. However, the response is the result of a complex and dynamic cascade of events which occur between the initial exposure and the measured end-point, and the characteristic rates of the contributing stages govern the dose response and ultimately the measured characteristic …