Digital Commons Network^™

A Biden Executive Branch And Its Supporters May Find The Federal Courts An Obstacle, Heather Elliott

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No abstract provided.

The Law Of Emerging Adults, Clare Ryan

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Law tends to divide people into two groups based on age: children and adults. The age of majority provides a bright line between two quite different legal regimes. Minority is characterized by dependency, parental control, incapacity, and diminished responsibility. Adulthood is characterized by autonomy, capacity, and financial and legal responsibility. Over the course of the twentieth century, evolving understandings of adolescence in law and culture produced a staged process of increasing liberty and responsibility up to the age of majority. After eighteen, however, the presumption of adulthood remains strong. Today, a combination of psychological and social factors has extended the …

Preserving Pandemic Protections, Daiquiri J. Steele

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No abstract provided.

President Biden's Executive Orders On The Environment: Praiseworthy Policy, Political Red Herring, Or...Both?, Amber Polk

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No abstract provided.

State-Created Fetal Harm, Benjamin Mcmichael, Meghan Boone

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Half a century of state-level restrictions on abortion access might cause a casual observer to conclude that state governments have a long-standing commitment to protecting fetal life. And yet, over the last several decades, state governments and local law enforcement are increasingly taking steps that actively undermine fetal health. Through the passage of state fetal endangerment laws and the prosecution of pregnant women under stretched interpretations of existing criminal laws, states are actively creating conditions that result in poorer fetal health outcomes-including an increase in fetal and infant death.

This Article seeks to make three important contributions to the scholarly …

Sex, Crime, And Serostatus, Courtney K. Cross

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The HIV crisis in the United States is far from over. The confluence of widespread opioid usage, high rates of HIV infection, and rapidly shrinking rural medical infrastructure has created a public health powder keg across the American South. Yet few states have responded to this grim reality by expanding social and medical services. Instead, criminalizing the behavior of people with HIV remains an overused and counterproductive tool for addressing this crisis - especially in the South, where HIV-specific criminal laws are enforced with the most frequency.

People living with HIV are subject to arrest, prosecution, and lengthy prison sentences …

Covid-19 Relief And The Ordinary Inmate Symposium, Jenny E. Carroll

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No abstract provided.

Cannabis Banking: What Marijuana Can Learn From Hemp, Julie A. Hill

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Marijuana-related businesses have banking problems. Many banks explain that, because marijuana is illegal under federal law, they will not serve the industry. Even when marijuana-related businesses can open bank accounts, they still have trouble accepting credit cards and getting loans. Some hope to fix marijuana's banking problems with changes to federal law. Proposals range from broad reforms removing marijuana from the list of controlled substances to narrower legislation prohibiting banking regulators from punishing banks that serve the marijuana industry. But would these proposals solve marijuana's banking problems?

In 2018, Congress legalized another variant of the Cannabis plant species: hemp. Prior …

Socially Distant Health Care, Allyson E. Gold, Benjamin J. Mcmichael, Alicia Gilbert

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The COVID-19 pandemic has elucidated many problems within the American health care system, chief among them the continuing access-to-care issue. Though the Affordable Care Act increased access to health insurance, the current pandemic has demonstrated that health insurance alone is not enough. Communities need access to health care providers. Indeed, many fully insured Americans across the country are experiencing what many have faced on a daily basis: the inability to access a health care provider Rural areas and communities of color regularly battle an inability to obtain care from health care professionals and have done so for many years. Much …

Enduring Exclusion Colloquium: New Visions Of Civil Rights Lawyering, Daiquiri J. Steele

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No abstract provided.

The Access-To-Care Epidemic, Benjamin Mcmichael

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Among the many challenges it has created, the COVID19 pandemic has exacerbated the United States' access-to-care problem. While millions of individuals have confronted this problem for years in the context of chronic disease management, mental illness, and other diseases and injuries, many Americans are facing serious access-to-care issues for the first time during the pandemic. Recognizing the acuity of this problem, states adopted temporary policies to combat it. One of the most important policy solutions has been the relaxation of state scope-of-practice laws that inhibit the ability of many healthcare providers, such as nurse practitioners, to deliver healthcare. These temporary …

Substance Use Disorder Discrimination And The Cares Act: Using Disability Law To Inform Part 2 Rulemaking, Kelly K. Dineen, Elizabeth Pendo

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Substance use disorder (SUD) is a chronic health condition—like people with other chronic health conditions, people with SUDs experience periods of remission and periods of exacerbation or recurrence. Unlike people with most other chronic conditions, people with SUDs may be more likely to garner law enforcement attention than medical attention during a recurrence. They are also chronically disadvantaged by pervasive social stigma, discrimination, and structural inequities. The COVID-19 pandemic has had devastating consequences for people with SUDs, who are at higher risk for both contracting the SARS-CoV-19 virus and experiencing poorer outcomes. Meanwhile, there are early indications that pandemic conditions …

Geocoding Cryptosporidiosis Cases In Ireland (2008–2017)—Development Of A Reliable, Reproducible, Multiphase Geocoding Methodology, Lisa Domegan, Patricia Garvey, Paul Mckeown, Howard Johnson, Paul Hynds, Jean O'Dwyer, Coilín Óhaiseadha

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Background: Geocoding (the process of converting a text address into spatial data) quality may affect geospatial epidemiological study findings. No national standards for best geocoding practice exist in Ireland. Irish postcodes (Eircodes) are not routinely recorded for infectious disease notifications and > 35% of dwellings have non-unique addresses. This may result in incomplete geocoding and introduce systematic errors into studies.

Aims: This study aimed to develop a reliable and reproducible methodology to geocode cryptosporidiosis notifications to fine-resolution spatial units (Census 2016 Small Areas), to enhance data validity and completeness, thus improving geospatial epidemiological studies.

Methods: A protocol was devised to utilise …

Franchisor Power As Employment Control, Andrew Elmore, Kati L. Griffith

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Labor and employment laws are systematically underenforced in low-wage, franchised workplaces. Union contracts, and the benefits and protections they provide, are nonexistent. The Fight for Fifteen movement has brought attention to the low wages, systemic violations of workers' rights, and lack of collective representation in fast-food franchises. Given that franchisees can be judgment-proof and cannot set industry standards, the deterrence, remedial, and collective bargaining goals of labor and employment laws can depend on holding the franchisor (the brand) responsible under the joint employer doctrine. In a series of cases, however, a dominant approach has emerged that essentially foreclosed the possibility …

'It All Depends … ' A Real Life Learning Model Informing Childminding Pedagogy In Ireland, Miriam O'Regan, Ann Marie Halpenny, Noirin Hayes

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This doctoral research addressed the dearth of research focussed on childminding in Ireland, despite its significant role in national childcare provision. One overarching aim was to explore childminders’ pedagogy. The research was conducted within the theoretical framework of Ecocultural Theory (ECT) against the backdrop of Irish Early Childhood Education and Care (ECEC) policy on the eve of mandatory regulation of childminding. A mixed method approach was adopted, using the Ecocultural Family Interview for Childminders (EFICh) , including participants’ photographs, a case study survey, researcher field notes and holistic ratings. (Tonyan, Holli A. 2017. “Opportunities to Practice What Is Locally Valued: …

The Folklore Of Unfairness, Luke Herrine

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The Federal Trade Commission Act's ban on "unfair ... acts and practices" would, on its face, seem to give the FTC an awesome power to define proper treatment of consumers in changing conditions. But even in a world of widespread corporate surveillance, ongoing racial discrimination, impenetrably complex financial products, pyramid schemes, and more, the unfairness authority is used rarely, mostly in egregious cases of wrongdoing. Why? The standard explanation is that the more expansive notion of unfairness was tried in the 1970s, and it failed spectacularly. The FTC of this era was staffed by bureaucrats convinced of their own moral …

An Extracellular Lipase From Amycolatopsis Mediterannei Is A Cutinase With Plastic Degrading Activity, Yeqi Tan, Gary T. Henehan, Gemma K. Kinsella, Barry J. Ryan

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An extracellular lipase from Amycolatopsis mediteranei (AML) with potential applications in process biotechnology was recently cloned and examined in this laboratory. In the present study, the 3D structure of AML was elucidated by comparative modelling. AML lacked the ‘lid’ structure observed in most true lipases and shared similarities with plastic degrading enzymes. Modelling and substrate specificity studies showed that AML was a cutinase with a relatively exposed active site and specificity for medium chain fatty acyl moieties.

AML rapidly hydrolysed the aliphatic plastics poly(ε-caprolactone) and poly(1,4-butylene succinate) extended with 1,6-diisocyanatohexane under mild conditions. These plastics are known to be slow …

Biomolecules As Model Indicators Of In Vitro And In Vivo Cold Plasma Safety, Caitlin Heslin, Daniela Boehm, Brendan F. Gilmore, Julianne Megaw, Theresa A. Freeman, Noreen Hickok, Patrick J. Cullen, Paula Bourke

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The potential applications for cold plasma in medicine are extensive, from microbial inactivation and induction of apoptosis in cancer cells to stimulating wound healing and enhancing the blood coagulation cascade. The safe bio-medical application of cold plasma and subsequent effect on complex biological pathways requires precision and a distinct understanding of how physiological redox chemistry is manipulated. Chemical modification of biomolecules such as carbohydrates, proteins, and lipids treated with cold plasma have been characterized, however, the context of how alterations of these molecules affect cell behavior or in vivo functionality has not been determined. Thus, this study examines the cytotoxic …

Research On Medical Question Answering System Based On Knowledge Graph, Zhixue Jiang, Chengying Chi, Yun Yun Zhan

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To meet the high-efficiency question answering needs of existing patients and doctors, this system integrates medical professional knowledge, knowledge graphs, and question answering systems that conduct man-machine dialogue through natural language. This system locates the medical field, uses crawler technology to use vertical medical websites as data sources, and uses diseases as the core entity to construct a knowledge graph containing 44,000 knowledge entities of 7 types and 300,000 entities of 11 kinds. It is stored in the Neo4j graph database, using rule-based matching methods and string-matching algorithms to construct a domain lexicon to classify and query questions. This system …

Silver(I) And Copper(Ii) Complexes Of 1,10-Phenanthroline-5,6-Dione Against Phialophora Verrucosa: A Focus On The Interaction With Human Macrophages And Galleria Mellonella Larvae, Marcela Q. Granato, Thaís P. Mello Thaís P. Mello, Renata S Nascimento, Marcos D. Pereira, Thabatta L.S.A. Rosa, Maria C.V. Pessolani, Malachy Mccann Malachy Mccann, Michael Devereux, Marta H. Branquinha

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Phialophora verrucosa is a dematiaceous fungus that causes mainly chromoblastomycosis, but also disseminated infections such as phaeohyphomycosis and mycetoma. These diseases are extremely hard to treat and often refractory to current antifungal therapies. In this work, we have evaluated the effect of 1,10-phenanthroline-5,6-dione (phendione) and its metal-based complexes, [Ag (phendione)2]ClO4 and [Cu(phendione)3](ClO4)2.4H2O, against P. verrucosa, focusing on (i) conidial viability when combined with amphotericin B (AmB); (ii) biofilm formation and disarticulation events; (iii) in vitro interaction with human macrophages; and (iv) in vivo infection of Galleria mellonella larvae. The combination of AmB with each of the test compounds promoted …

Maternal Feeding Practices And Toddlers’ Fruit And Vegetable Consumption: Results From The Dit - Coombe Hospital Birth Cohort In Ireland, Xiyao Liu, Qianling Zhou, Keara Clarke, Katherine Younger, Meijing An, Zhouyinuo Li, Yang Tan, John Kearney

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Health benefits of fruit and vegetable have been well recognized. However, insufficient consumption of fruit and vegetable is prevalent among toddlers, and has become a global public health issue. Maternal feeding practices are potential factors influencing toddlers’ dietary intake, including fruit and vegetable intake. This study was conducted to explore the influence of maternal feeding practices on toddlers’ fruit and vegetable consumption in Ireland.

Advancing Our Understanding Of Corneal Herpes Simplex Virus-1 Immune Evasion Mechanisms And Future Therapeutics, Emily Greenam, Sophie Gallagher, Rana Khalil, Conor C. Murphy, Joan Ní Gabhann-Dromgoole

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Herpes stromal keratitis (HSK) is a disease that commonly affects the cornea and external eye and is caused by Herpes Simplex Virus type 1 (HSV-1). This virus infects approximately 66% of people worldwide; however, only a small portion of these people will develop symptoms in their lifetime. There is no cure or vaccine available for HSV-1; however, there are treatments available that aim to control the inflammation caused by the virus and prevent its recurrence. While these treatments are beneficial to those suffering with HSK, there is a need for more effective treatments to minimise the need for topical steroids, …

The Role Of Demographic And Clinical Characteristics On Risk Of Covid-19 Related Infection And Mortality, A. O'Shea, M. Youssef, M. Connolly, A. Al Lawati, S.I. Shah, S. Walsh, D. Mccartney, J. Faul

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Since the emergence of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV2) which causes Covid-19, global health systems have struggled to cope with the rising number of related infections, acute admissions and mortalities. Poorer clinical outcomes have been observed amongst older patients with Covid-19 and males, and in those who are obese or who have darker skin(1) . Additionally, poorer outcomes including increased mortality have been associated with low vitamin D status(2,3) . The current observational study aimed to elucidate the association between patient demographic, anthropometric, clinical and biometric characteristics and Covid-19 disease severity and mortality.

Beyond Bail, Jenny E. Carroll

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From the proliferation of community bail funds to the implementation of new risk assessment tools to the limitation and even eradication of monetary bail, reform movements have altered the landscape of pretrial detention. Yet, reform movements have paid little attention to the emerging reality of a post-monetary-bail world. With monetary bail an unavailable or disfavored option, courts have come to rely increasingly on nonmonetary conditions of release. These nonmonetary conditions can be problematic for many of the same reasons that monetary bail is problematic and can inject additional bias into the pretrial system.

In theory, nonmonetary conditions offer increased opportunities …

Taxing Parents: Welfarist Theories, Shannon Mccormack

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The Internal Revenue Code (the "Code") taxes parents inequitably. Couples with a sole earner are undertaxed compared to couples with dual earners and to single parents. Legal tax scholarship (including my own) has identified the many inequities that result from this sole-earner bias and have called for its elimination. But while these arguments have been sufficient for some, they do remain susceptible to the criticism that they are theoretically incomplete.

That critique might proceed as follows. Simply establishing that an inequity exists does not create a full argument for legal reform. After all, it might be argued, the Code plays …

The End Of Deportation, Angélica Cházaro

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This Article introduces to legal scholarship a new horizon for pro-immigrant scholarship and advocacy: deportation abolition. The ever-present threat of deportation shapes the daily lives of noncitizens. Instead of aiming for a pathway to citizenship, most noncitizens must now contend with dodging the many pathways to banishment. Despite growing threats to immigrant survival, most pro-immigrant scholarship and advocacy that aims to reduce migrant suffering assumes deportation as inevitable. The focus remains on improving individual outcomes by aligning the process of deportation with due process and the rule of law. But considered from the point of view of those facing deportation, …

Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh D. Spitzer, Andy Omara

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It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches …

The Automated Administrative State: A Crisis Of Legitimacy, Ryan Calo, Danielle Keats Citron

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The legitimacy of the administrative state is premised on our faith in agency expertise. Despite their extra-constitutional structure, administrative agencies have been on firm footing for a long time in reverence to their critical role in governing a complex, evolving society. They are delegated enormous power because they respond expertly and nimbly to evolving conditions. In recent decades, state and federal agencies have embraced a novel mode of operation: automation. Agencies rely more and more on software and algorithms in carrying out their delegated responsibilities. The automated administrative state, however, is demonstrably riddled with concerns. Legal challenges regarding the denial …

Awakening The American Jury: Did The Killing Of George Floyd Alter Juror Deliberations Forever?, Tamara F. Lawson

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In the summer of 2020, the witnessing of George Floyd's death triggered an outpouring of public expression far beyond other cases in modern times. While the experience led some to advocate for reform and participate in antiracism rallies, marches, and campaigns, it also forced many others into internal reflection, awareness, and awakening to the knowledge of a lived experience with police different from their own. The gruesome realities of the video were irreconcilable with those prior beliefs and did not comport with any moral or legal standards of dignity. Prior to witnessing George Floyd's death on video at the hands …

Towards The Point Of Care And Noninvasive Classification Of Bladder Cancer From Urine Sediment Infrared Spectroscopy. Spectral Differentiation Of Normal, Abnormal And Cancer Patients, Monika Kujdowicz, David Perezguaita, Piotr Chłosta, Krzysztof Okon, Kamilla Malek

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Bladder cancer (BC) is the 9th cancer cause of death and one of most cost-intensive in the world. The diagnostic tools are still not at all satisfactory. Herein we evaluated the potential of infrared spectroscopy to detect molecular changes that precede and accompany the carcinogenesis in voided urine sediment. We collected 165 samples from patients being diagnosed for BC and measured them with attenuated total reflectance Fourier transformed infrared spectroscopy (ATR FTIR). Samples were primarily divided into three groups according to cytology that indicated the presence of normal, abnormal and cancer cells. ATR FTIR spectra of sediments were analyzed with …