Digital Commons Network^™

Jurisliterature And Transgression, Peter Goodrich

Articles

The jurisliterary profession is the curious enterprise of writing, as a jurist, about law. Many seek to escape into literature, philosophy, critique, psychoanalysis, the couch, but then, in the main, they have abandoned law. Those that persist, who remain jurists, have the propensity to transgress the boundaries of the juridical, the strictures of abstraction and disembodiment, so as to generate accounts of legal sensibility, so as to manifest the polyglottal and visceral potential of transforming the juridical bubble into that most ethical of realms, the poetics of desire. Jurisliterary transgression, at its strongest, returns the materiality of imagination to the …

The Impact Of Law On The State Pension Crisis, Elizabeth S. Goldman, Stewart E. Sterk

Articles

While some state and municipal pension plans have funds sufficient to meet obligations to retirees without imposing onerous obligations on current and future taxpayers, underfunding of plans in other states has reached disastrous proportions, raising the possibility of default on pension obligations, cuts in public services, steep tax increases, or some combination of the three. The substantial differential in pension funding might be attributed to divergent political pressures, different responses to uncertainty about investment returns, or other factors. Our examination of pension funding law in ten states-five with the best-funded plans and five with the worst-funded plans-highlights the role of …

Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld

Articles

No abstract provided.

Antitrust In Digital Markets, John M. Newman

Articles

Antitrust law has largely failed to address the challenges posed by digital markets. At the turn of the millennium, the antitrust enterprise engaged in intense debate over whether antitrust doctrine, much of it developed during a bygone era of smokestack industries, could or should evolve to address digital markets. Eventually, a consensus emerged: although the basic doctrine is supple enough to apply to new technologies, courts and enforcers should adopt a defendant-friendly, hands-off approach.

But this pro-defendant position is deeply- and dangerously- flawed. Economic theory, empirical research, and extant judicial and regulatory authority all contradict the prevailing views regarding power, …

From The Laboratory To The Vineyard—Evolution Of The Measurement Of Grape Composition Using Nir Spectroscopy Towards High-Throughput Analysis, Aoife Power, Vi Khanh Truong, James Chapman, Daniel Cozzolino

Articles

Compared to traditional laboratory methods, spectroscopic techniques (e.g., near infrared, hyperspectralimaging)provideanalystswithaninnovativeandimprovedunderstandingofcomplex issuesbydeterminingseveralchemicalcompoundsandmetabolitesatonce,allowingforthecollection of the sample “fingerprint”. These techniques have the potential to deliver high-throughput options for the analysis of the chemical composition of grapes in the laboratory, the vineyard and before or during harvest, to provide better insights of the chemistry, nutrition and physiology of grapes. Faster computers, the development of software and portable easy to use spectrophotometers and data analytical methods allow for the development of innovative applications of these techniques for the analyses of grape composition.

A Custom Radiopaque Thermoresponsive Chemotherapy-Loaded Hydrogel For Intratumoural Injection: An In Vitro And Ex Vivo Assessment Of Imaging Characteristics And Material Properties, Seóna M. Rossi, Timothy E. Murray, John Cassidy, Michael J. Lee, Helena M. Kelly

Articles

Purpose 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 in vitro, which is liquid at room temperature but solidifies at body temperature, to determine potential suitability for intratumoural 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 iodixanol at a concentration of 9.22% weight by weight (w/w, g …

Rodrigo's Rebuke: Originary Violence And U.S. Border Policy, Richard Delgado

Articles

Offers a new way to see immigration laws and policies namely as instances of originary violence Notes that recent official actions including travel bans family separation and cutbacks in asylum are examples of both originary violence and the ordinary kind Shows how the two are connected and proposes a number of means to attack them

Efficacy Of Cold Plasma For Direct Deposition Of Antibiotics As A Novel Approach For Localized Delivery And Retention Of Effect, Agatha Los, Dana Ziuzina, Daniela Boehm, Lu Han, Denis O'Sullivan, Liam O'Neill, Paula Bourke

Articles

Antimicrobial coating of medical devices has emerged as a potentially effective tool to prevent or ameliorate device-related infections. In this study the plasma deposition process for direct deposition of pharmaceutical drugs on to a range of surfaces and the retention of structure function relationship and antimicrobial efficacy against mono-species biofilms were investigated. Two selected sample antibiotics—ampicillin and gentamicin, were deposited onto two types of surfaces—polystyrene microtiter plates and stainless steel coupons. The antimicrobial efficacy of the antibiotic-coated surfaces was tested against challenge populations of both planktonic and sessile Escherichia coli and Pseudomonas aeruginosa, with responses monitored for up to …

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 …

Measuring The Impact Of Oesophagectomy On Physical Functioning And Physical Activity Participation: A Prospective Study, E.M. Guinan, A.E. Bennett, Suzanne Doyle, Luke O'Neill, J. Gannon, G. Foley, J.A. Elliott, J. O'Sullivan, J.V. Reynolds, J. Hussey

Articles

Background: Oesophagectomy remains the only curative intervention for oesophageal cancer, with defined nutritional and health-related quality of life (HR-QOL) consequences. It follows therefore that there is a significant risk of decline in physical wellbeing with oesophagectomy however this has been inadequately quantified. This study prospectively examines change in physical functioning and habitual physical activity participation, from presurgery through 6-months post-oesophagectomy. Methods: Patients scheduled for oesophagectomy with curative intent were recruited. Key domains of physical functioning including exercise tolerance (six-minute walk test (6MWT)) and muscle strength (hand-grip strength), and habitual physical activity participation, including sedentary behaviour (accelerometry) were measured presurgery (T0) …

Randomised Study Demonstrates Sustained Benefits Of A Pre-School Intervention Designed To Improve Nutrition And Physical Activity Practices, Diewerke De Zwarte, John Kearney, Clare A. Corish, Corina Glennon, Lorraine Maher, Charlotte Johnston Molloy

Articles

Background: Health-promoting programmes must demonstrate sustained efficacy in order to make a true impact on public health. This study aimed to determine the effect of the Healthy Incentive for Pre-schools project on health-promoting practices in full-day-care pre-schools 18 months after a training intervention.

Methods: Thirty-seven pre-schools completed the initial study and were included in this follow-up study. The intervention consisted of one training session with either the pre-school 'manager-only' or 'manager and staff' using a specifically developed needs-based training resource pack comprised of written educational material and a validated health-promoting practice evaluation tool. Direct observation data of health-promoting practices were …

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 …

Associations Between Maternal Physical Activity In Early And Late Pregnancy And Offspring Birth Size: Remote Federated Individual Level Meta‐Analysis From Eight Cohort Studies, S. Pastorino, T. Bishop, S. Crozier, C. Granstrom, K. Kordas, L. Kupers, E. O'Brien, K. Polanska, K. Sauder, M. Zafarmand, R. Wilson, C. Agyemang, P. Burton, C. Cooper, E. Corpeleijn, D. Dabelea, W. Hanke, H. Inskip, F. Mcauliffe, S. Olsen, T. Vrijkotte, S. Brage, A. Kennedy, D. O'Gorman, P. Scherer, K. Wijndaele, N. Wareham, G. Desoye, K. K. Ong

Articles

Objective

Evidence on the impact of leisure time physical activity (LTPA) in pregnancy on birth size is inconsistent. We aimed to examine the association between LTPA during early and late pregnancy and newborn anthropometric outcomes.

Design

Individual level meta‐analysis, which reduces heterogeneity across studies.

Setting

A consortium of eight population‐based studies (seven European and one US) comprising 72 694 participants.

Methods

Generalised linear models with consistent inclusion of confounders (gestational age, sex, parity, maternal age, education, ethnicity, BMI, smoking, and alcohol intake) were used to test associations between self‐reported LTPA at either early (8–18 weeks gestation) or late pregnancy (30+ …

An Observational Analysis Of Meal Patterns In Overweight And Obese Pregnancy, Kate M. Ainscough, Maria A. Kennelly, Eileen C. O'Brien, Elizabeth J. O'Sullivan, John Mehegan, Eileen R. Gibney, Fionnauala M. Mcauliffe

Articles

Background Nutrient intakes are known to be poorer among pregnant women with raised body mass index (BMI) than those with a healthy BMI. While meal patterns have the potential to influence obstetric, metabolic and anthropometric measures for mother and infant, limited data exists regarding meal patterns among pregnant women with raised BMI.

Aim To identify categories of meal patterns among pregnant women with overweight and obesity and determine whether patterns change with advancing gestation. To determine if maternal meal patterns are associated with dietary intakes and pregnancy outcomes.

Methods Prospective, observational analysis of pregnant women (n = 143) (BMI 25–39.9 …

Development Of A Novel Periconceptual Nutrition Score (Pens) To Examine The Relationship Between Maternal Dietary Quality And Fetal Growth, Rachel Ak Kennedy, Michael J. Turner

Articles

Background Maternal nutrition may influence intrauterine fetal development. To date, the relationship between contemporary European dietary guidelines and fetal growth has not been examined.

Aims To develop a novel Periconceptual Nutrition Score (PENS) to assess maternal dietary quality in early pregnancy and examine its relationship with fetal growth.

Study design Women were recruited conveniently at their first clinic visit and completed a supervised four day retrospective diet history. The PENS was developed using European Food Safety Authority recommended dietary intakes for pregnancy. The relationship between PENS and fetal growth was examined.

Subjects Women with a singleton pregnancy.

Outcome measures Birthweight, …

Heterogeneity Of Disease-Causing Variants In The Swedish Galactosemia Population: Identification Of 16 Novel Galt Variants, Annika Ohlsson, Mary Hunt, Anna Wedell, Ulrika Von Döbeln

Articles

The aim was to determine disease-causing variants in the GALT gene which codes for the enzyme galactose-1-phosphate uridylyltransferase. Loss of activity of this enzyme causes classical galactosemia-a life threatening, treatable disorder, included in the Swedish newborn screening program since 1967. A total of 66 patients with the disease are known in Sweden and 56 index patients were investigated. An additional two patients with Duarte galactosemia were included. The disease-causing variants were identified in all patients. As reported from other countries only a few variants frequently recur in severe disease. The two variants p.(Gln188Arg) (c.563A>G) and p.(Met142Lys) (c.425T>A) are …

Comparing Alternative Breast Milk Feeding Questions To U.S. Breastfeeding Surveillance Questions, Elizabeth O'Sullivan, Sheela R. Geraghty, Patricia Cassano, Kathleen M. Rasmussen

Articles

Background: Most mothers in the United States express their milk, which is then bottle fed to their infants. The National Immunization Survey (NIS), used to report national breastfeeding prevalence, asks about infant breast milk consumption, regardless of whether it is consumed at the mother's breast or from a bottle. The NIS data are often erroneously interpreted, however, to mean prevalence of at-the-breast feeding. We hypothesized that over half of infants classified as breastfed at 3, 6, and 12 months by the NIS questions would also be consuming expressed breast milk.

Materials and Methods: A convenience sample of 456 …

Privacy In The Age Of Medical Big Data, W. Nicholson Price Ii, I. Glenn Cohen

Articles

Big data has become the ubiquitous watch word of medical innovation. The rapid development of machine-learning techniques and artificial intelligence in particular has promised to revolutionize medical practice from the allocation of resources to the diagnosis of complex diseases. But with big data comes big risks and challenges, among them significant questions about patient privacy. Here, we outline the legal and ethical challenges big data brings to patient privacy. We discuss, among other topics, how best to conceive of health privacy; the importance of equity, consent, and patient governance in data collection; discrimination in data uses; and how to handle …

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 …

Disrupting Adhesion Contracts With #Metoo Innovators, Xuan-Thao Nguyen

Articles

Adhesion contracts are everywhere. Take it or leave it, the dominant party holds the leverage while the weaker party adheres. Ninety percent of employment contracts contain mandatory arbitration clauses, and attempts to challenge arbitration requirements meet with judicial indifference or hostility. Ultimately, arbitration clauses eviscerate the employee's right to a jury trial and access to the court system in general. In recent years, employers in the tech sector have faced unexpected resistance from innovators. Just as innovators are known for disrupting old business models through technological innovations, #MeToo reformers are disrupting the seemingly insurmountable adhesion contract regime. They organize, protest, …

Attacking Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the …

Privacy Law's Indeterminacy, Ryan Calo

Articles

American legal realism numbers among the most important theoretical contributions of legal academia to date. Given the movement’s influence, as well as the common centrality of certain key figures, it is surprising that privacy scholarship in the United States has paid next to no attention to the movement. This inattention is unfortunate for several reasons, including that privacy law furnishes rich examples of the indeterminacy thesis—a key concept of American legal realism—and because the interdisciplinary efforts of privacy scholars to explore extra-legal influences on privacy law arguably further the plot of legal realism itself

The Surprising Reach Of Fda Regulation Of Cannabis Even After Rescheduling, Sean M. O'Connor, Erika Lietzan

Articles

As more states legalize cannabis, the push to “deschedule” it from the Controlled Substances Act is gaining momentum. At the same time, the Food and Drug Administration (FDA) recently approved the first conventional drug containing a cannabinoid derived from cannabis—cannabidiol (CBD) for two rare seizure disorders. This would all seem to bode well for proponents of full federal legalization of medical cannabis. But some traditional providers are wary of drug companies pulling medical cannabis into the regular small molecule drug development system. The FDA’s focus on precise analytical characterization and on individual active and inactive ingredients may be fundamentally inconsistent …

Us Supreme Court Bars Punitive Damages In Unseaworthiness Claims, Craig H. Allen

Articles

To appreciate the reach of the Court's decision on punitive damages for unseaworthiness claims, it is important to understand the federal courts' steady expansion of the class of workers who now qualify as "seamen," the class of floating vessels and structures that now qualify as "vessels," and the strict liability standard for determining whether a vessel is seaworthy.

Bringing The Court Into The Classroom: Suggestions For How To Craft Exercises For Upper-Level Courses Using Real Practitioners' Briefs, Benjamin Halasz

Articles

When I came to teach after practicing for over a decade, I wanted my students to learn to write by using materials from real clients and cases. I quickly found that’s easier said than done. But through experimentation and discussions with experienced colleagues, I found several successful ways to put students into the role of writing parts of a “real” brief—one that uses a real case and real facts—for short, in-class exercises in upper-level courses.

Several articles tout the benefits of using briefs as examples, an enthusiasm I join. But this article focuses on using cases, and especially briefs, as …

Graphene Nanoflake Uptake Mediated By Scavenger Receptors, Fatima Alnasser, Valentina Castagnola, Luca Boselli, Margarita Esquivel-Gaon, Esen Efeoglu, Jennifer Mcintyre, Hugh Byrne, Kenneth A. Dawson

Articles

The biological interactions of graphene have been extensively investigated over the last 10 years. However, very little is known about graphene interactions with the cell surface and how the graphene internalization process is driven and mediated by specific recognition sites at the interface with the cell. In this work, we propose a methodology to investigate direct molecular correlations between the biomolecular corona of graphene and specific cell receptors, showing that key protein recognition motifs, presented on the nanomaterial surface, can engage selectively with specific cell receptors. We consider the case of apolipoprotein A-I, found to be very abundant in the …

Vibrational Characterization Of Granulosa Cells From Patients Affected By Unilaterial Ovarian Endometriosis: New Insights From Infrared And Raman Microspectroscopy, Valentina Notarstefano, Giorgia Gioacchini, Hugh Byrne, Carlotta Zaca, Eleni Sereni, Lisa Vaccari, Andrea Borini, Oliana Carnevali

Articles

Endometriosis is a chronic gynaecological disease characterised by the presence of endometrial cells in extra-uterine regions. One of the main factors impacting on the fertility of women affected by endometriosis is the poor oocyte quality. Granulosa Cells (GCs) regulate oocyte development and maintain the appropriate microenvironment for the acquisition of its competence; hence, the dysregulation of these functions in GCs can lead to severe cellular damages also in oocytes. In this study, luteinized GCs samples were separately collected from both ovaries of women affected by Unilateral Ovarian Endometriosis and analysed by infrared and Raman microspectroscopy. The spectral data were compared …

Analysis Of Bodily Fluids Using Vibrational Spectroscopy: A Direct Comparison Of Raman Scattering And Infrared Absorption Techniques For The Case Of Glucose In Blood Serum, Drishya Prachalil, Clément Bruno, Franck Bonnier, Helen Blasco, Igor Chourpa, Matthew Baker, Jennifer Mcintyre, Hugh Byrne

Articles

Analysis of biomarkers present in the blood stream can potentially deliver crucial information on patient health and indicate the presence of numerous pathologies. The potential of vibrational spectroscopic analysis of human serum for diagnostic purposes has been widely investigated and, in recent times, infrared absorption spectroscopy, coupled with ultra-filtration and multivariate analysis techniques, has attracted increasing attention, both clinical and commercial. However, such methods commonly employ a drying step, which may hinder the clinical work flow and thus hamper their clinical deployment. As an alternative, this study explores the use of Raman spectroscopy, similarly coupled with ultra-filtration and multivariate analysis …

Improved Performance Of Near Infrared Excitation Raman Spectroscopy Using Reflective Thin-Film Gold On Glass Substrates For Cytology Samples, Sinead Barton, Kevin O'Dwyer, Marion Butler, Hugh Byrne, Luke O'Neill, Bryan M. Hennelly

Articles

Confocal near-infrared Raman spectroscopy has been shown to have applications in the area of clinical biology. A source wavelength in the near infrared is preferred over visible wavelengths for inspecting biological samples due to superior wave number resolution and reduced photo damage. However, these excitation sources have a number of drawbacks when compared to lasers in the visible wavelength region, including the requirement to use expensive highly pure crystal substrates such as Raman grade calcium fluoride as well as long acquisition times due to the lower Raman scattering efficiency. This paper investigates the use of a reflective substrate comprising a …