Digital Commons Network^™

Child Rights Trending: Accommodating Children With Disabilities In The Global Human Rights Framework And Us Foreign Policy, Janet E. Lord

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This Article proceeds in three parts. Following the introduction, Part I analyzes the concept of child rights as applied to children with disabilities in instruments antecedent to the CRPD. It goes on to examine the treatment of children with disabilities in the CRC and in the text of the CRPD. In so doing, it exposes the significant conceptual shift in how children with disabilities are characterized as agents and holders of rights in the CRPD, in contrast to prior articulations. Part II explains how this new framework is used to expose and address major human rights issues that face children …

Europe's Moral Margin: Parental Aspirations And The European Court Of Human Rights, Clare Ryan

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The European Court of Human Rights (ECtHR) balances along two axes: individual right vs. government interest and national vs. supranational judgment. The Court calibrates the level of deference it affords States through the margin of appreciation, a doctrine designed to vary how strictly the supranational court will scrutinize national decisions. This Article challenges the way in which the Court deploys margin of appreciation in order to defer to "sensitive moral and ethical" decisions taken by domestic institutions. I call this deference the "moral margin." Although the European Convention on Human Rights explicitly authorizes the Court to take "protection of morals" …

Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen

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Since the earliest days of the republic, the U.S. executive has wielded a significant but constitutionally bounded influence on the direction of U.S. trade law. In the twenty-first century, the growth of free trade agreements has led to an institutionalization of trade norms that permits the executive many more spaces for engagement with trading partners. In addition, other types of quotidian lawmaking extend the power of the executive in both public and hidden spaces beyond congressional delegation, even as that power remains substantially bounded by congressional control. This Article analyzes the dynamics between the branches that will direct future U.S. …

Contracting Correctness: A Rubric For Analyzing Morality Clauses, Patricia S. Abril, Nicholas Greene

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Morality clauses give a contracting party the right to terminate if the other party behaves badly or embarrassingly. A curious product of twentieth-century Hollywood, these contract clauses have traditionally been used to control the antics of entertainers and athletes. The current politically-sensitive historical moment, combined with the internet's ability to broadcast widely and permanently, has put everyone's off-duty speech, conduct, and reputation under the microscope. Media reports detailing people's digital falls from grace abound. For fear of negative association, businesses are more attuned than ever to the extracurricular acts of their agents and associates-and are increasingly binding them to morality …

Unbundling Freedom In The Sharing Economy, Deepa Das Acevedo

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Courts and scholars point to the sharing economy as the most recent proof that our labor amp employment infrastructure is obsolete because it rests on a narrow and outmoded idea"”namely that only workers subjected to direct personalized control by their employers need workrelated protections and benefits Since they diagnose the problem as being our system's emphasis on control these critics have long called for reducing or eliminating the primacy of the "control test" in classifying workers as either protected employees or unprotected independent contractors Despite these persistent criticisms however the concept of control has been remarkably sticky in scholarly and …

Creaturely Law Essay Roundtable, William S. Brewbaker Iii

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No abstract provided.

Toward A History Of The Democratic State, William J. Novak, Stephen W. Sawyer, James T. Sparrow

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Over the past generation, the history of the state has been experiencing a much-noted renaissance, especially in France and the United States. In the United States as late as 1986, Morton Keller complained to William Leuchtenburg in the Journal of American History: “To say that ‘there is much still to be learned about the nature of the State in America’ is … a major understatement. There is close to everything to be learned about the State.” In France as late as 1990, Pierre Rosanvallon’s powerful introduction to L’État en France suggested that an ambitious history of the state could not …

Update Your Bookmarks! Great Sites For Effective Research, Nancy E. Vettorello

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There are more than one billion websites available online. Many are useful tools for attorneys, so it makes sense to review and refresh your favorite bookmarks regularly. While none of the many free sites offer the sophisticated search abilities of fee-based research services, a few minutes spent exploring free sites can help researchers significantly narrow their searches once they turn to a fee-based system. Remember to always take advantage of the advancesearch option when available on a free site. Free sites are offering increasingly sophisticated search options, such as Boolean and proximity searches, which were previously exclusive to paid services.

Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer

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Much has been attempted, and many pro1ects are still underway aimed at achieving equality in higher education and research. Today, the key argument to demand and support the integration of gender in academia is that equality is indeed about the quality on which academic work is supposed to be based. Although more or less national political, social and cultural contexts matter as much as academic environments, regarding higher education and research, the integration of gender into the field of law seems particularly interesting. Faculties of law enjoy a certain standing and status, are closely connected to power and politics, and …

Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo

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Talk of artificial intelligence is everywhere. People marvel at the capacity of machines to translate any language and master any game. Others condemn the use of secret algorithms to sentence criminal defendants or recoil at the prospect of machines gunning for blue, pink, and white-collar jobs. Some worry aloud that artificial intelligence will be humankind’s “final invention.” This essay, prepared in connection with UC Davis Law Review's 50th anniversary symposium, explains why AI is suddenly on everyone's mind and provides a roadmap to the major policy questions AI raises. The essay is designed to help policymakers, investors, technologists, scholars, and …

Is There A Right To Be Free From Corruption?, Anita Ramasastry

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Scholars and policymakers have, for some time, focused on the link between corruption and human rights. This has been to illustrate that corruption is not a victimless crime. While this has publicized the impact of corruption on individuals and on society, it has not changed the lack of political will to prosecute many instances of corruption. Thus citizens often stand by as their leaders plunder national treasuries. Rather than focusing solely on human rights, or trying to create a new “human right” to be free from corruption, this article explores the right to a legal remedy for victims of corruption …

The Advent Of Lawyers In Japanese Government, Daniel H. Foote

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Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal …

Improved Protocols For Pre-Processing Raman Spectra Of Formalin Fixed Paraffin Preserved Tissue Sections, Hugh Byrne, Fiona Lyng, Ola Ibrahim, Adrian Maguire, Aidan Meade, Steven Flint, M. Toner

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Although formalin fixed paraffin preserved (FFPP) tissues are a major resource for retrospective studies of disease progression, their use in vibrational spectroscopy studies has been undermined by issues of contributions of substrate and paraffin wax which persist in the spectra and can compromise spectral analysis. Recognising the microcrystalline nature of the wax in the tissue, which are inhomogeneously oriented with respect to the polarisation of the Raman source laser, in this study, we have developed a novel method for removing the paraffin wax contributions to the spectra using matrices of multiple wax spectra. FFPP tissue sections from the oral mucosa …

Duration Of Periconceptual Folic Acid Supplementation In Women Booking For Antenatal Care, Shona Cawley, Laura Mullaney, Rachel Kennedy, Maria Farren, Daniel Mccartney, Michael J. Turner

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Objective: To provide accurate estimates of the commencement time, duration and dosage of folic acid (FA) supplementation taken by Irish women in the periconceptional period. The study also aimed to establish the factors associated with optimal FA supplementation practices. Design: Cross-sectional observational study. Women’s clinical and sociodemographic details were computerised. Maternal weight and height were measured before calculating BMI. Detailed FA supplementation questionnaires were completed under the supervision of a trained researcher. Setting: A large university maternity hospital, Republic of Ireland, January 2014–April 2016. Subjects: Women (n 856) recruited at their convenience in the first trimester. Results: While almost all …

Preferences Of Women For Web-Based Nutritional Information In Pregnancy, Rachel Ak Kennedy, Laura Mullaney, C.M.E. Reynolds, Shona Cawley, Daniel Mccartney, M.J. Turner

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Objectives During pregnancy, women are increasingly turning to web-based resources for information. This study examined the use of web-based nutritional information by women during pregnancy and explored their preferences. Study design Cross-sectional observational study. Methods Women were enrolled at their convenience from a large maternity hospital. Clinical and sociodemographic details were collected and women's use of web-based resources was assessed using a detailed questionnaire. Results Of the 101 women, 41.6% were nulliparous and the mean age was 33.1 years (19–47 years). All women had internet access and only 3% did not own a smartphone. Women derived pregnancy-related nutritional information from …

Review: Epidemiological Evidence Of Groundwater Contribution To Global Enteric Disease, 1948–2015, Heather Murphy, Morgan Prioleau, Mark Borchardt, Paul Hynds

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Globally, approximately 2.2 billion people rely on groundwater for daily consumption. It is widely accepted that groundwater is more pristine than surface water but while this assumption is frequently the case, groundwater is not ubiquitously free of contaminants; accordingly, this presumption can result in an unfounded and potentially hazardous sense of security among owners, operators and users. The current paper presents a review of published literature providing epidemiological evidence of the contribution of groundwater to global human enteric infection. An emphasis is placed on enteric pathogens transmitted via the faecal-oral route, and specifically those associated with acute gastrointestinal illness (AGI). …

Geospatial Drivers Of The Groundwater Δ18o Isoscape In A Temperate Maritime Climate (Republic Of Ireland), S. Regan, R. Goodhue, O. Naughton, Paul Hynds

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In recent years, the concept of “isoscapes” has been used to describe spatiotemporal stable isotope distributions within natural environments including groundwater systems at multiple scales. This study presents an updated groundwater δ18O isoscape for the Republic of Ireland and describes the climatic and geological drivers influencing 18O composition. In all, 142 geographically and geologically representative groundwater installations were sampled and analysed, in addition to 35 samples from six nested boreholes. Geospatially, Irish groundwater exhibits high δ18O values in southern and western coastal regions, becoming progressively depleted inland before reaching lowest measured values along the eastern coast, equating to a national …

G-Strands On Symmetric Spaces, Alexis Arnaudin, Darryl Holm, Rossen Ivanov

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We study the G-strand equations that are extensions of the classical chiral model of particle physics in the particular setting of broken symmetries described by symmetric spaces. These equations are simple field theory models whose configuration space is a Lie group, or in this case a symmetric space. In this class of systems, we derive several models that are completely integrable on finite dimensional Lie group G, and we treat in more detail examples with symmetric space SU(2)/S1 and SO(4)/SO(3). The latter model simplifies to an apparently new integrable nine-dimensional system. We …

The Influence Of Match Outcome On Running Performance In Elite Gaelic Football, Shane Mangan, Shane Malone, Martin Ryan, Jason Mcgahan, Cian O'Neill, Con Burns, Joe Warne, Denise Martin, Kieran Collins

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Introduction: Match outcome has been linked to running performance in many sports; however, the association has not yet been examined in Gaelic football. Methods: GPS technologies (4-Hz, VX Sport, Lower Hutt, New Zealand) were used with 5 elite Gaelic football teams over a period of 5 years (2012–2016), amounting to 95 matches. In total, 780 full match data sets were collected. Game movements were divided into total distance and high-speed distance (≥17 km h−1). Match outcomes were divided into big losses (≥6 points), small losses (≤5points), draws, small wins (≤5 points) and big wins (≥6 points). Results: Team (P …

The National Planning Framework 2040: Aspects On What It Takes To Sustain A Viable Rural Community, Brian Hughes

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No abstract provided.

The Running Performance Profile Of Elite Gaelic Football Match-Play, Shane Malone, Barry Solan, Kieran Collins

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The current study examined (a) the match running performance of Gaelic football and (b) the decrement in match running performance with respect to position. Global positioning satellite system technologies (4-Hz; VX Sport) were used with 3 elite intercounty teams across 3 full seasons with 250 full game data sets collected. Game movements were classified according to game actions and distance covered across speed zone thresholds (total distance [TD], high-speed running distance [HSRD; ≥17 km·h], sprint distance [SD; ≥22 km·h]; accelerations [n]; peak speed [km·h]). The influence of running performance in each quarter on the subsequent quarter was analyzed across all …

The Relationship Between Technical Performance Indicators And Running Performance In Elite Gaelic Football, Shane Mangan, Martin Ryan, Simon Devenney, Aidan Shovlin, Jason Mcgahan, Shane Malone, Cian O'Neill, Con Burns, Kieran Collins

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The aim of the current study was to assess whether technical performance relates to positional running demands of elite Gaelic football players. Over a period of three years (2014–2016), four elite Gaelic football teams were monitored using GPS technologies. Four hundred and thirty-two individual player samples were collected from 52 competitive matches. Video analysis software was used to code technical performance indicators in all games. Pearson’s correlations were performed between all technical variables and total distance (m) and high-speed distance (≥17 km h−1). Total ball in play time had small to medium effects (r = .233 to .390, p …

A Contemporary Multi-Modal Mechanical Approach To Training Monitoring In Elite Professional Soccer, Adam Owen, Leo Djaoui, Matthew Newton, Shane Malone, Bruno Mendes

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Objectives: Understanding movements and mechanical demands of elite soccer players during training and competitive stressors is important for the support provision of player performance. Continued appreciation to quantify and monitor training load (TL) is apparent, however reporting multi-modal approaches in-line with competitive match-play demands remain limited. The investigation aimed to highlight a multimodal training monitoring method and its relationship to match-play. Subjects: 29 elite European soccer players participated were assessed (26.7 ± 4.07 years, height 183.4 ± 5.87 cm, body mass 78.4 ± 8.03 kg, 57.55 ± 5.32 ml.kg⁻¹.min⁻¹ and body composition 54.12 ± 13.65 mm) with daily …

An Equal Rights Amendment For The Twenty-First Century: Bringing Global Constitutionalism Home, Julie C. Suk

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The last few years have seen a renewed push to constitutionalize sex equality in the United States. A generation after the federal Equal Rights Amendment (ERA) failed to be ratified by the requisite number of states, the ERA is on the platform of the 2017 Women's March on Washington. Oregon added a sex equality guarantee to its state constitution in 2014, joining 22 state constitutions and most constitutions around the world. Feminist coalitions, Hollywood celebrities, and members of Congress are vocally endorsing an ERA revival. Why is an ERA desired now, when judges have interpreted the Fourteenth Amendment to prohibit …

Defining Residence For Income Tax Purposes: Domicile As Gap-Filler, Citizenship As Proxy And Gap-Filler, Edward A. Zelinsky

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The states' income tax systems are important repositories of experience which confirm the administrative benefits of citizenship-based taxation. Domicile today plays an important role in state tax systems as a gap-filler when more objective statutory residence laws fail to assign any state of residence to the taxpayer. Citizenship is an administrable proxy for domicile and serves a similar gap-filling role in the federal taxation of individuals whose income and activities straddle across national boundaries.

The states' difficulties enforcing domicile-based taxation highlight the administrative benefits of citizenship-based taxation. As long as residence is understood for tax purposes in terms of domicile, …

How Strange The Change From Major To Minor, Peter Goodrich

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No abstract provided.

The Patient Survey Programme: Transforming The Patient Experience In Irish Healthcare, Vivienne Byers, D. Fahey, C. Mullins, C. Roe

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For more than a decade, health policy in Ireland has pushed the centrality of the patient in the delivery and management of healthcare services, including the development of a National Strategy for Service User Involvement in the Health Service 2008–2013 (Health Service Executive, 2008). More recently, the need to provide a ‘patientcentred’ (Department of Health, 2012, 2013, 2014) or ‘person-centred’ (Department of Health, 2016) service has been a guiding principle of health policy documents. The National Service Plan 2017 (Health Service Executive, 2016) also outlines the importance of increasing the rates of service user engagement and feedback across the health …

Subjective Usability, Mental Workload Assessments And Their Impact On Objective Human Performance, Luca Longo

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Self-reporting procedures and inspection methods have been largely employed in the fields of interaction and web-design for assessing the usability of interfaces. However, there seems to be a propensity to ignore features related to end-users or the context of application during the usability assessment procedure. This research proposes the adoption of the construct of mental workload as an additional aid to inform interaction and web-design. A user-study has been performed in the context of human-web interaction. The main objective was to explore the relationship between the perception of usability of the interfaces of three popular web-sites and the mental workload …

Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony Dignity Takings And Dignity Restoration, John Felipe Acevedo

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No abstract provided.

Case Law, Adam N. Steinman

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Although case law plays a crucial role in the American legal system surprisingly little consensus exists on how to determine the "law" that any given "case" generates Lawyers judges and scholars regularly note the difference between holdings and dicta and between necessary and unnecessary parts of a precedentsetting decision but such concepts have eluded coherent application in practice There remains considerable uncertainty about which aspects of a judicial decision impose prospective legal obligations as a matter of stare decisis and to what extentThis Article develops a counterintuitive but productive way to conceptualize case law the lawmaking content of a judicial …