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The Pledge Of Allegiance And Compelled Speech Revisited: Requiring Parental Consent, Caroline Mala Corbin

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Since the Supreme Court decided West Virginia State Board of Education v. Barnette in 1943, free speech law has been clear: public schools may not force students to recite the Pledge of Allegiance. Nevertheless, in two states -Texas and Florida- students may decline to participate only with parental permission. The Eleventh Circuit Court of Appeals upheld the law on the grounds that the parental requirement furthered parents' substantive due process right to control the upbringing of their children.

The Eleventh Circuit decision is flawed both in its understanding of the First Amendment right to be free of compelled speech and …

Is Bitcoin Prudent? Is Art Diversified? Offering Alternative Investments To 401(K) Participants, Edward A. Zelinsky

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Whether 401(k) plans’ investment menus should feature “alternative” investments is a fact-driven inquiry applying ERISA’s fiduciary standards of prudence, loyalty, and diversification. Central to this fact-driven inquiry is whether the alternative investment class in question is broadly accepted by investors in general and by professional defined benefit trustees in particular. A similarly salient concern when making this inquiry is the financial unsophistication of many, perhaps most, 401(k) participants. Accounting for these considerations, this Article concludes that REITs, private equity funds, and hedge funds can, with limits, today be offered as investment choices to 401(k) participants, but that cryptocurrencies (including Bitcoin), …

"A Mystifying And Distorting Factor": The Electoral College And American Democracy, Katherine A. Shaw

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A Review of Let the People Pick the President: The Case for Abolishing the Electoral College. By Jesse Wegman.

The Deep Architecture Of American Covid-19 Tort Reform 2020-21, Anthony J. Sebok

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The rapid emergence of the COVID-19 pandemic produced massive state actions to protect in public health through the exercise of the police powers by local, state and national governments. In the United States there were calls early in the crisis to exercise the state’s power over tort law: As early as April 2020, the American Tort Reform Association published a White Paper, Responding to the Coming Lawsuit Surge that called for “reasonable constraints on . . . lawsuits that pose an obstacle to the coronavirus response effort, place businesses in jeopardy, and further damage the economy.”

This article, prepared for …

The Progressive Love Affair With The Carceral State, Kate Levine

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A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.

Inoculating The Next Generation Of Lawyers: Mandating Substances Use And Mental Health Education For Law Students, Janet Stearns

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No abstract provided.

What Is Meaningful Participation For Physical Therapists In Multidisciplinary Cancer Conferences And Tumor Boards?, Stacy Weber, Athena A. Manzino, Christopher M. Wilson, Nicole D. Booms

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Tumor boards are multidisciplinary team meetings composed of providers from different specialties who collaborate to provide comprehensive cancer care. Although the term “tumor board” may be used commonly in practice, these meetings are often referred to as multidisciplinary cancer conferences (MCCs) within the literature and are referred to as such in this article. At this time, there is no current literature describing the role of physical therapists (PTs) and rehabilitation professionals as part of the MCC or multidisciplinary tumor boards. Yet, PTs are often included as part of this multidisciplinary team in cancer care. This inclusion has not completely shifted …

Ai Insurance: How Liability Insurance Can Drive The Responsible Adoption Of Artificial Intelligence In Health Care, Ariel Dora Stern, Avi Goldfarb, Timo Minssen, W. Nicholson Price Ii

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Despite enthusiasm about the potential to apply artificial intelligence (AI) to medicine and health care delivery, adoption remains tepid, even for the most compelling technologies. In this article, the authors focus on one set of challenges to AI adoption: those related to liability. Well-designed AI liability insurance can mitigate predictable liability risks and uncertainties in a way that is aligned with the interests of health care’s main stakeholders, including patients, physicians, and health care organization leadership. A market for AI insurance will encourage the use of high-quality AI, because insurers will be most keen to underwrite those products that are …

Portraits Of Bankruptcy Filers, Pamela Foohey, Robert M. Lawless, Deborah Thorne

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One in ten adult Americans has turned to the consumer bankruptcy system for help. For almost forty years, the only systematic data collection about the people who file bankruptcy has come from the Consumer Bankruptcy Project (CBP), for which we serve as co-principal investigators. In this Article, we use CBP data from 2013 to 2019 to describe who is using the bankruptcy system, providing the first comprehensive overview of bankruptcy filers in thirty years. We use principal component analysis to leverage these data to identify distinct groups of people who file bankruptcy. This technique allows us to situate the distinctions …

Judicial Impartiality In The Judicial Council Act 2019: Challenges And Opportunities, Brian M. Barry Dr

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The Judicial Council is tasked with promoting and maintaining high standards of judicial conduct. The Judicial Council Act 2019 identifies judicial impartiality as a principle of judicial conduct that Irish judges are required to uphold and exemplify. Despite its ubiquity, judicial impartiality is perhaps under-explained and under-examined.

This article considers the nature and scope of judicial impartiality in contemporary Irish judging. It argues that the Judicial Council ought to take a proactive, multi-faceted approach to promote and maintain judicial impartiality, to address contemporary challenges that the Irish judiciary face including increasingly sophisticated empirical research into judicial performance, the proliferation of …

Detecting Iot Attacks Using An Ensemble Machine Learning Model, Vikas Tomar, Sachin Sharma

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Malicious attacks are becoming more prevalent due to the growing use of Internet of Things (IoT) devices in homes, offices, transportation, healthcare, and other locations. By incorporating fog computing into IoT, attacks can be detected in a short amount of time, as the distance between IoT devices and fog devices is smaller than the distance between IoT devices and the cloud. Machine learning is frequently used for the detection of attacks due to the huge amount of data available from IoT devices. However, the problem is that fog devices may not have enough resources, such as processing power and memory, …

Big Data Analysis Of Vision Screening Standards Used To Evaluate Fitness To Drive, Michael Moore, John Butler, Daniel Ian Flitcroft, James Loughman

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Purpose: Visual acuity (VA) assessment is the most commonly performed vision screening method for drivers. The standards and repeat assessment intervals used, however, are arbitrary, lack an evidence base and are highly variable across different countries. This study utilizes the power of Big Data to provide evidence-based recommendations for standardized driver vision screening.

Methods: Anonymized electronic medical record data were gathered from 40 Irish optometry practices comprising 81,184 unique patients. A Kaplan-Meier Survival (KMS) analysis was used to determine the effect of increasing age and time since screening on the likelihood of passing the VA standard for driving. A logistic …

Teaching Ethnographic Methods For Cultural Anthropology: Current Practices And Needed Innovation, Alissa Ruth, Katherine Mayfour, Thurka Sangaramoorthy, Bryan Mckinley Jones Brayboy, Melissa Beresford, Alexandra Brewis, H. Russell Bernard, Meskeren Z. Glegziabher, Jessica Hardin, Krista Harper, Pardis Mahdavi, Jeffrey G. Snodgrass, Cindi Sturtzsreetharan, Amber Wutich

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Historically, ethnographic methods were learned by cultural anthropology students in individual research projects. This approach creates challenges for teaching in ways that respond to the next generation’s calls to decenter anthropology’s White, heteropatriarchal voices and engage in collaborative community-based research. Analyzing syllabi from 107 ethnographic methods training courses from the United States, we find the tradition of the “lone researcher” persists and is the basis of ethnographic training for the next generation. There is little evidence of either active reflection or team-based pedagogy, both identified as necessary to meet career opportunities and diversification goals for the wider field of cultural …

Essays On Good Practice In Academic Writing: A Comparison Across Business Disciplines, Rawayda Abdou, Kevin Paul Corbett, Elun Hack, Deirdre Mcquillan

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This is a series of essays to support PhD students and early career researchers within the field of business. By delving into a cross disciplinary perspective on academic writing in the business domain, researchers will better understand differences for writing. Essay 1 highlights what is important for writing in economics. Essay 2 adopts a different approach by arguing for more pluralism and applied approaches when writing in Human Resource Management. The essay opens up new possibilities and opportunities for PhD students and early career researchers interested in more applied approaches. Essay 3 guides qualitative researchers writing in sports management where …

A Continuing Constitutional Conversation: Locating Nitisha, Gauri Pillai

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In April 2021, the Supreme Court of India decided Nitisha v Union of India, holding that the gender neutral hiring procedure adopted by the Indian Army indirectly discriminated against women officers by disproportionately excluding them from promotion. This effect was experienced due to systemic discrimination against women built into the appointment criteria. To redress systemic discrimination, the State was required not only to abstain from direct or indirect discrimination but also to positively act to bring in structural change. Nitisha makes significant contributions to developing the constitutional understanding of non-discrimination. It identifies the essential nature of discrimination as systemic rather …

An Analysis Of The Impact And Efficacy Of Online Emotional Intelligence Coaching As A Support Mechanism For University Students, Aiden Carthy, Wyndham Chalmers, Eoghan Guiry, Philip Owende

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As a consequence of the COVID-19 pandemic, many college courses have pivoted to complete online delivery and colleges are also tasked with providing student supports online. It is likely this transition will last beyond any COVID-19 specific restrictions, therefore this small-scale, exploratory study examined the efficacy and impact of the provision of a 5 week online emotional intelligence (EI) coaching programme to a cohort of Irish university students (n = 19) studying at Technological University Dublin (TU Dublin). Results revealed that the average overall level of EI increased for participants following the coaching programme. Students reported that they believed …

A Rare Benign Soft-Tissue Chondroma In The Plantar Foot: A Case Report, Ashley Mariano, Lawrence M. Fallat

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Extraskeletal chondromas are rare, benign cartilaginous neoplasms that are usually found in adults and often present as a slow growing solitary mass. We present a case of a 78-year-old male who initially presented with a painful hyperkeratotic lesion to the plantar aspect of his right foot resembling a porokeratosis. He noted increased pain when bearing weight. Initial radiographs revealed no osseous pathology, bone spurs or foreign bodies that correlated with the area of pain. Due to failed conservative treatment that consisted of regular debridement, surgical excision of the lesion was performed which revealed a large underlying hard nodule. The nodular …

Tibiotalocalcaneal Fusion With Bulk Femoral Head Allograft In A Patient With A Rare, Trauma Induced, Rigid, Cavovarus Foot Deformity, Josh Carroll, Joseph Wolf, Lawrence M. Fallat

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Tibiotalocalcaneal (TTC) arthrodesis with bulk femoral head allograft is a commonly performed limb salvage procedure when dealing with complex deformity. However, little has been reported in patients who receive tibiotalocalcaneal arthrodesis with femoral head allografts for a rigid cavovarus foot type. The purpose of this case report was to examine the outcomes of a tibiotalocalcaneal arthrodesis with a femoral head allograft in a diabetic patient with a trauma induced rigid cavovarus deformity who had complete lateral dislocation of the talar body. The secondary purpose was to highlight the preservation of limb length in the surgical extremity when utilizing a tibiotalocalcaneal …

Assessment Of Consumer Protection Act 2019 To Support Tobacco Control In India, Ashok R. Patil

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The use of tobacco products has been clearly established to cause significant medical and economic harm. While specific tobacco control legislation has been enacted in the form of the COTPA 2003, it is important to examine if other legislations can be utilised for regulation of tobacco consumption. One such legislation is the Consumer Protection Act 2019, which significantly expands the rights of consumers and protection given to them in terms of product safety and product quality. Accordingly, this paper provides an in-depth analysis of the Consumer Protection Act 2019 and the scope of utilising this legislation and the jurisprudence on …

New Innovation Models In Medical Ai, W Nicholson Price Ii, Rachel E. Sachs, Rebecca S. Eisenberg

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In recent years, scientists and researchers have devoted considerable resources to developing medical artificial intelligence (AI) technologies. Many of these technologies—particularly those that resemble traditional medical devices in their functions—have received substantial attention in the legal and policy literature. But other types of novel AI technologies, such as those related to quality improvement and optimizing use of scarce facilities, have been largely absent from the discussion thus far. These AI innovations have the potential to shed light on important aspects of health innovation policy. First, these AI innovations interact less with the legal regimes that scholars traditionally conceive of as …

Including Autistic Teens In Libraries, Aisling Smith

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This article discusses the needs of autistic teenagers with low support needs and how best to cultivate and promote inclusivity in libraries to better serve this vulnerable sector of the community. Librarians should endeavour to understand the difficulties they encounter and how to minimize factors that might exacerbate these issues if autistic adolescents are to feel welcome and accepted.

Advancing Ubiquitous Collaboration For Telehealth - A Framework To Evaluate Technology-Mediated Collaborative Workflow For Telehealth, Hypertension Exam Workflow Study, Christopher Bondy Ph.D., Linlin Chen Ph.D, Pamela Grover Md, Pengcheng Shi Ph.D

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Healthcare systems are under siege globally regarding technology adoption; the recent pandemic has only magnified the issues. Providers and patients alike look to new enabling technologies to establish real-time connectivity and capability for a growing range of remote telehealth solutions. The migration to new technology is not as seamless as clinicians and patients would like since the new workflows pose new responsibilities and barriers to adoption across the telehealth ecosystem. Technology-mediated workflows (integrated software and personal medical devices) are increasingly important in patient-centered healthcare; software-intense systems will become integral in prescribed treatment plans [1]. My research explored the path to …

Childminding Professionalism And Professionalisation In Ireland: A Different Story, Miriam O'Regan, Ann Marie Halpenny, Noirin Hayes

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This research focussed on documenting the praxis and paedagogy of paid, professional childminding (family childcare/day care) in Ireland. It explored professionalism and professionalisation among childminders in the context of the evolving understanding of professionalism in Early Childhood Education and Care (ECEC) nationally and internationally. The research was conducted within the framework of Ecocultural Theory (ECT) on the eve of mandatory regulation of childminding against the backdrop of Irish ECEC policy. A mixed method approach was adopted, using the Ecocultural Family Interview for Childminders (EFICh), including participants’ photographs, case study surveys, researcher field notes and holistic ratings. We present findings related …

Towards An Ethical Framework For The Design And Development Of Inclusive Home-Based Smart Technology For Smart Spaces For Older Adults And People With Disabilities, Emma Murphy, Julie Doyle, Ioannis Stavrakakis, Damian Gordon, Brian Keegan, Dympna O'Sullivan

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Unique ethical, privacy and safety implications arise for people who are reliant on home-based smart technology due to health conditions or disabilities. As a result we need to carefully reflect on our approaches to ethical issues over the life cycle of smart home technology design and the wider living context for end users and relevant stakeholders. In this position paper we highlight a need for a reflective, inclusive ethical framework for the design of inclusive smart spaces. We present key ethical considerations in the design, development and deployment of smart home-based technology for older adults and people with disabilities. We …

Age Specific Models To Capture The Change In Risk Factor Contribution By Age To Short Term Primary Ischemic Stroke Risk, Elizabeth Hunter, John D. Kelleher

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Age is one of the most important risk factors when it comes to stroke risk prediction. However, including age as a risk factor in a stroke prediction model can give rise to a number of difficulties. Age often dominates the risk score, and also not all risk factors contribute proportionally to stroke risk by age. In this study we investigate a number of common stroke risk factors, using Framingham heart study data from the NHLBI Biologic Specimen and Data Repository Information Coordinating Center to determine if they appear to contribute proportionally by age to a stroke risk score. As we …

Sociodemographic, Personal, Peer, And Familial Predictors Of E-Cigarette Ever Use In Espad Ireland: A Forward Stepwise Logistic Regression Model, Joan Hanafin, Salome Sunday, Luke Clancy

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Introduction:
/="/">E-cigarette ever use has risen significantly in recent years in Ireland, similar to trends elsewhere in Europe, the United States, and Asia-Pacific region. Results from ESPAD Ireland (European School Survey Project on Alcohol and other Drugs) show teenage e-cigarette ever use increased from 18% (2015) to 37% (2019). Given this increase, our aim is to profile e-cigarette ever users and never users in this age group; to examine sociodemographic, personal, peer, and familial factors associated with e-cigarette ever use; and to suggest appropriate measures to reduce use.
/="/">
/="/">Methods:
/="/">A nationally representative stratified random sample of …

What You Need To Know About Em Administration Fellowships, Michael Muradian

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No abstract provided.

Impact Of Urgent Care Centers And Telehealth In The Ed, Javed Osmani, Michael Muradian, Christina Brown, Nicholas Stark

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No abstract provided.

In Vitro Toxicological Evaluation Of Mesoporous Silica Microparticles Functionalised 1 With Carvacrol And Thymol, Cristina Fuentes, Ana Fuentes, Hugh Byrne, José Barat, María José Ruiz

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The cytotoxicity of carvacrol- and thymol- functionalised mesoporous silica microparticles (MCM-41) was assessed in the human hepatocarcinoma cell line (HepG2). Cell viability, lactate dehydrogenase (LDH) activity, reactive oxygen species (ROS) production, mitochondrial membrane potential (ΔΨm), lipid peroxidation (LPO) and apoptosis/necrosis analysis were used as endpoints. Results showed that both materials induced cytotoxicity in a time and concentration-dependent manner, being more cytotoxic than free essential oil components and bare MCM-41. This effect was caused by the cell-particle interactions and not from degradation products released to the culture media, as demonstrated in the extract dilution assays. LDH release was seen to be …

Vitamin B12 Deficiency In Nitrous Oxide Abuse, Colby Jones, Jordan Verlare, Reehan Ali

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33yo F presents to ED with numbness & tingling in hands, feet for 10 days. History of recreational drug use, including nitrous oxide 'whippets.' Unremarkable Head CT was obtained.