Digital Commons Network^™

Regulating By Example, Susan C. Morse, Leigh Osofsky

Articles

Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.

In this Article, we argue that regulatory examples make law. Our claim is that, as a default rule, the legal content offered by regulatory examples is coequal with, …

Judges Behaving Badly - Clinics Fighting Back: The Struggle For Special Immigrant Juveniles In State Dependency Courts In The Age Of Trump, Bernard P. Perlmutter

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No abstract provided.

The Torture Of Children And Adolescents Living And Dying In Guatemala’S Institutions, Madeleine M. Plasencia

Articles

In this article, Professor Madeleine Plasencia examines the legal context of treatment of disabled children in Guatemala living in institutionalized environments. The article explores evidence that children confined in orphanages and other public care facilities in Guatemala endure conditions that violate the provisions against torture and other cruel or degrading treatment or punishment provided under various international instruments, including the Convention on the Rights of the Child. The article discusses the growing world-wide desperation from poverty and food scarcity that drives families to place their children with and without disabilities in state-supported institutions. The article argues that foreign funding and …

The Culture Of Misdemeanor Courts, Jessica A. Roth

Articles

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …

Mitochondrial Dna Replacement: Moral And Halakhic Concerns, J. David Bleich

Articles

Mitochondrial DNA (mtDNA), transmitted from mother to child, have their own genetic code that may cause debilitating genetic diseases. To prevent such unfortunate occurrences, researchers have developed a process enabling them to completely replace an ovum’s mitochondria with mitochondria contributed by a donor. Children born by use of this method have genetic material from both the mitochondrial donor and the birth mother; they are “three-parent babies.” Resultant medical, ethical, legal and theological problems are obvious.

Moreover, this technology may pose significant risks to neonates born of such procedures. Certainly no person has the right to cause harm to a fellow …

Solitary Troubles, Alexander A. Reinert

Articles

Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional officials, medical experts, and reform advocates alike. Yet for nearly the entirety of American history, judicial regulation of the practice has been extremely limited. This Article explains why judges hesitate to question the use of solitary confinement, while also providing a path forward for greater scrutiny of the practice.

Prediction Of Dna Damage And G2 Chromosomal Radio-Sensitivity Ex-Vivo In Peripheral Blood Mononuclear Cells With Label-Free Raman Microspectroscopy, Aidan Meade, Adrian Maguire, Jane Bryant, Daniel Cullen, Dinesh Medipally, Lisa White, Brendan Mcclean, Laura Shields, John Armstrong, Mary Dunne, Emma Noone, Shirley Bradshaw, Marie Finn, Aoife M. Shannon, Orla Howe, Fiona Lyng

Articles

Liquid biopsies are a potentially rich store of biochemical information that can be linked to an individual’s response to therapeutic treatments, including radiotherapy, and which may ultimately play a role in the individualization of treatment regimens. Peripheral blood mononuclear cells (PBMCs) can be used for the biochemical profiling of the individual, but also, being living cells, can provide insights into the individuals response to ionizing radiation exposure.

Addressing Avoidable Vision Impairment In Mozambique And The Africa Region, Stephen Thompson, Kovin Naidoo, Joel Bambamba, Vanessa R. Moodley, Diane Van Staden, Amanda Forde, Kajal Shah, Luigi Bilotto, James Loughman

Articles

The Mozambique Eyecare Project was an international partnership to implement and research eye health education in Mozambique and the Africa region. An optometry degree was developed at Universidade Lúrio, Mozambique. In addition, existing eye health workers were upskilled with training. Researchers from various disciplines evaluated the project and its potential for impact on eye health in the region. The body of evidence generated from the research provides useful lessons for development programmes in general, as well as specific lessons for delivering eye health education and service delivery models for lowincome settings.

Self-Processing Photopolymer Materials For Versatile Design And Fabrication Of Holographic Sensors And Interactive Holograms, Dervil Cody, Sabad-E Gul, Tatsiana Mikulchyk, Muhammad Irfan, Anastasia Kharchenko, Kamila Goldyn, Suzanne Martin, Svetlana Mintova, John Cassidy, Izabela Naydenova

Articles

The aim of this paper is to discuss the benefits as well as the limitations of utilizing photopolymer materials in the design of holograms that are responsive to changes in their environment, such as changes in the concentration of a specific substance, temperature, and pressure. Three different case studies are presented, including both surface and volume phase holograms, in order to demonstrate the flexibility in the approach of utilizing holographic photopolymers for the design of sensors and interactive optical devices. First, a functionalized surface relief hologram is demonstrated to operate as an optical sensor for the detection of metal ions …

Theoretical Modeling And Design Of Photonic Structures In Zeolite Nanocomposites For Gas Sensing. Part Ii: Volume Gratings, Dervil Cody, Izabela Naydenova

Articles

The suitability of holographic structures fabricated in zeolite nanoparticle-polymer composite materials for gas sensing applications has been investigated. Theoretical modelling of the sensor response (i.e. change in hologram readout due to a change in refractive index modulation or thickness as a result of gas adsorption) of different sensor designs was carried out using Raman-Nath theory and Kogelnik’s Coupled Wave Theory. The influence of a range of parameters on the sensitivity of holographically-recorded surface and volume photonic structures has been studied, namely hologram geometry, hologram thickness and spatial frequency, reconstruction wavelength, and zeolite nanoparticle refractive index. From this, the optimum fabrication …

Refractive Error And Visual Impairment In Ireland Schoolchildren, Siofra Harrington, Kathryn J Saunders, Veronica O'Dwyer, Jim Stack

Articles

To report refractive error prevalence and visual impairment in Republic of Ireland (henceforth 'Ireland') schoolchildren.

Enabling Quantification Of Protein Concentration In Human Serum Biopsies Using Attenuated Total Reflectance – Fourier Transform Infrared (Atr-Ftir) Spectroscopy, Kate Spalding, Franck Bonnier, Clément Bruno, Hélène Blasco, Ruth E. Board, Isabelle Benz-De-Bretagne, Hugh Byrne, Holly J. Butler, Igor Chourpa, Pretheepan Radhakrishnan, Matthew J. Baker

Articles

Changes in protein concentrations within human blood are used as an indicator for nutritional state, hydration and underlying illnesses. They are often measured at regular clinical appointments and the current analytical process can result in long waiting times for results and the need for return patient visits. Attenuated total reflectance – Fourier transform infrared (ATR-FTIR) spectroscopy has the ability to detect minor molecular differences, qualitatively and quantitatively, in biofluid samples, without extensive sample preparation. ATR-FTIR can return an analytical measurement almost instantaneously and therefore could be deemed as an ideal technique for monitoring molecular alterations in blood within the clinic. …

Raman Spectroscopy Detects Biochemical Changes Due To Different Cell Culture Environments In Live Cells In Vitro, Mahmoud Gargotti, Esen Efeoglu, Hugh Byrne, Alan Casey

Articles

The in vitro cell culture environment can impact on cell biochemistry and cell cycle. The manifestation of such substrate-induced changes in cell cycle in the Raman microspectroscopic profiles of cell cultures is investigated at the level of nucleolus, nucleus and cytoplasm. HeLa immortalised human cervical cells and HaCaT dermal cells were cultured on three different substrates, conventional polystyrene cell culture dishes, CaF2 slides as a commonly used Raman substrate, and glass slides coated with collagen rat tail, as a mimic of the extra-cellular matrix (ECM) environment. A cell cycle study, based on percentage DNA content, as determined using propidium iodide …

Libertarian Gun Control, Fredrick E. Vars, Ian Ayres

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No abstract provided.

Encore Professor: Crafting A New Story For Life After The Legal Academy Aals Contributions, Steven H. Hobbs

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No abstract provided.

Beyond Physicians: The Effect Of Licensing And Liability Laws On The Supply Of Nurse Practitioners And Physician Assistants, Benjamin Mcmichael

Articles

The increased use of nurse practitioners (NPs) and physician assistants (PAs) represents an important option for increasing access to healthcare. I explore the effect of two types of laws on the supply of NPs and PAs: occupational licensing laws that limit the practices of NPs and PAs and caps on noneconomic damages. Relaxing licensing laws to allow NPs to practice with less physician oversight increases the supply of NPs in areas with few practicing physicians by 60 percent - though the size of this increases as the supply of physicians grows. I find similar, but weaker, evidence for granting PAs …

Economic Empowerment In The Alabama Black Belt: A Transactional Law Clinic Theory And Model, Casey E. Faucon

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No abstract provided.

Criminalizing Battered Mothers, Courtney K. Cross

Articles

How a domestic violence survivor responds to the abuse she is experiencing depends on many factors. Some critical considerations include her access to resources, desire to stay in her relationship, and assessment of her own safety. Criminal and civil court systems place enormous pressure on survivors to separate from their abusive partners. Not only are survivors with children pressured to leave, they are punished when they stay. That punishment can come in any combination of diminished custody rights, limited parental rights, and incarceration. Yet a survivor who flees with her children is not immune to these same consequences: if she …

Rodrigo And Ressentiment: I Don't Want It If You Are Going To Get It, Too - Why Classical Economic And Political Theory Fails To Explain The Obamacare Vote, But Legal Realism And Cls Can, Richard Delgado

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No abstract provided.

A U.S.-Mexican Law School For Deportees: A Response To Amy Kimpel, Richard Delgado

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No abstract provided.

Duty To Protect: Enhancing The Federal Framework To Prevent Childhood Lead Poisoning And Exposure To Environmental Harm, Allyson E. Gold, Emily A. Benfer, Emily Coffey, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Norton, Ruth Ann;, David Rosner, Kate Walz

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Scientific evidence indisputably demonstrates that lead poisoning causes permanent neurological damage and numerous co-morbidities for children and adults. Exposure to lead hazards irreversibly harms individuals and, left unchecked, can devastate communities into the future. In recognition of these threats, the President's Task Force on Environmental Health Risks and Safety Risks to Children (Task Force) was established by Executive Order in 1997. The original Task Force created the first coordinated federal response to eliminate childhood lead poisoning in the United States and set an ambitious ten-year timeline to achieve its goals of prevention, treatment, research, and progress management. However, the most …

Gorsuch V. The Administrative State Life After Scalia: Justice Gorsuch And Modern Textualism On The Supreme Court, Heather Elliott

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No abstract provided.

Graffiti, Speech, And Crime, Jenny E. Carroll

Articles

Graffiti resides at the uncomfortable intersection of criminal law and free speech rhetoric It is not the shout of revolution to the gathered protesting masses or the political pamphlet flung from a 1920s window Graffiti is not the obscenerenderedpoliticaljacketed protest of war or a flag set aflame in the name of reclaiming patriotism It is an illicit scrawl It is damage and defiance rolled into one from the moment of its creation Graffiti is a crimebrbrUnlike more celebrated examples of free speech graffiti earns no safe harbor from the First Amendment When asked to choose between the tag that appears …

Scientific Trials--In The Laboratories, Not The Courts, Nicholas Bagley, Aaron E. Carroll, Pieter A. Cohen

Articles

In 2015, one of us published a peer-reviewed study, together with colleagues at the University of California, San Francisco, replicating prior research from the US Food and Drug Administration (FDA) detecting a designer stimulant, β-methylphenylethylamine, in sports, weight loss, and “cognitive function” supplements sold in the United States. The confirmatory study prompted the FDA to take enforcement action against companies selling the stimulant as a dietary ingredient. One of the companies that received an FDA warning letter sued the study’s authors for $200 million in damages for libel, claiming, without supporting scientific evidence, that multiple statements in the article were …

Assessing Access-To-Justice Outreach Strategies, J. J. Prescott

Articles

The need for prospective beneficiaries to “take up” new programs is a common stumbling block for otherwise well-designed legal and policy innovations. I examine the take-up problem in the context of publicly provided court services and test the effectiveness of various outreach strategies that announce a newly available online court access platform. I study individuals with minor arrest warrants whose distrust of courts may dampen any take-up response. I partnered with a court to quasi-randomly assign outreach approaches to a cohort of individuals and find that outreach improves take-up, that the type of outreach matters, and that online platform access …

Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen

Articles

In thinking about strategy and doctrine for cyberspace, one cannot ignore either the cyber domain's interaction with other domains or the applicability of existing legal tools to address cyberspace issues. This Comment focuses on the latter and argues that any discussion regarding deterrence and a playbook for consequences for cyber incidents by state actors ought necessarily to include a careful examination of existing plays, particularly where those incidents have an economic component as many do. Focusing on multilateral institutions, regional and bilateral trade and investment agreements, and unilateral tariff and non-tariff trade and investment tools, this Comment maintains that current …

Encapsulation Of Lead In Rice Phytoliths As A Possible Pollutant Source In Paddy Soils, Tu N. Nguyen, Minh N. Nguyen, Mary Mcnamara, Stefan Dultz, Andrew Meharg, Van T. Nguyen

Articles

Due to its serious health risks, lead (Pb) in rice, specifically its uptake, translocation, and accumulation mechanisms and its toxic effects have been studied intensively in recent years. However, it remains unclear about the role of phytolith, a siliceous structure in rice plants, in the storage and release kinetics of Pb in rice. This study aims at elucidating a possible encapsulation of Pb in the phytolith structure (phytPb), and identifying whether or not phytPb provides a source of Pb in soil, when returned to the field with the rice straw or in a related processed product such as ash from …

It’S Not All About Price: Factors Associated With Roll-Your-Own Tobacco Use Among Young People - A Qualitative Study, Elizabeth Breslin, Joan Hanafin, Luke Clancy

Articles

Background: Smoking prevalence in Ireland is falling in all age groups, but the prevalence of roll-your-own (RYO) tobacco use is rising among young people. This qualitative study aims to explore and understand the factors associated with young people's use of RYO products. Methods: Semi-structured individual and focus group interviews were conducted with young people aged 16-22 years. Participants were recruited from a higher education institution and youth organisations working with early school leavers across Dublin. In total, there were 62 participants in the study, consisting of 22 individual interviews and eight focus group interviews with 40 participants. Categoric and thematic …

Why Exempting Negligent Doctors May Reduce Suicide: An Empirical Analysis, J. Shahar Dillbary, Griffin Edwards, Fredrick E. Vars

Articles

This article is the first to empirically analyze the impact of tort liability on suicide Counterintuitively our analysis shows that suicide rates increase when potential tort liability is expanded to include psychiatrists "” the very defendants who would seem best able to prevent suicide Using a 50state panel regression for 1981 to 2013 we find that states that would hold psychiatrists but not other doctors liable for malpractice resulting in a suicide experienced a 128 increase in suicides The effect is even stronger 168 when we include controls We do not believe this is because suicide prevention doesn't work Rather …

Access To Justice, Rationality And Personal Jurisdiction, Adam N. Steinman

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No abstract provided.