Digital Commons Network^™

The Business Of Treaties, Melissa J. Durkee

Articles

Business entities play important and underappreciated roles in the production of international treaties. At the same time, international treaty law is hobbled by state-centric presumptions that render its response to business ad hoc and unprincipled.

This Article makes three principal contributions. First, it draws from case studies to demonstrate the significance of business participation in treaty production. The descriptive account invites a shift from attention to traditional lobbying at the domestic level and private standard-setting at the transnational level to the ways business entities have become autonomous international actors, using a panoply of means to transform their preferred policies into …

Federal Treaty And Trust Obligations, And Ocean Acidification, Robert T. Anderson

Articles

Ocean acidification will have profound effects on the entire human population and natural resources that depend in any way upon Earth’s oceans and lakes. In turn, those effects will be even greater, and potentially catastrophic, for indigenous populations who rely on the seas for physical, cultural, and spiritual sustenance. While most research on carbon dioxide absorption from the atmosphere has focused on oceans and the resulting acidification, many believe that acidification levels also will also increase in the Great Lakes. Indian tribes in the Pacific Northwest and the Great Lakes regions share reliance on marine and freshwater resources, and many …

Beyond Severability, Lisa Marshall Manheim

Articles

Severability is a wrecking ball. Even the most cautious use of this doctrine demolishes statutes in contravention of legislative intent and without adequate justification. It does so through the imposition of an artificially restrictive framework: one that requires that courts respond to a statute’s constitutional flaw by disregarding that statute either in whole or in part. In the last few years alone, this framework has flattened the Voting Rights Act, threatened the Bankruptcy Code, and nearly toppled the Affordable Care Act.

Yet courts apply severability reflexively, never demanding justification for its destructive treatment. Scholars, meanwhile, assiduously debate the particulars of …

The Risks Of Clouded Property Title For Cannabis Business Owners, Investors, And Creditors, Sean M. O'Connor, Jason Liu

Articles

This Article provides a brief primer on the surprising range of assets that the Controlled Substances Act forfeiture provisions govern for the state-legal cannabis businesses. It outlines these provisions for tangible as well as intangible property, with an emphasis on risks to state-legal cannabis businesses’ intellectual property and issued securities.

We argue that these forfeiture risks create clouded title for all subject tangible and intangible property—not only for the state-legal businesses and their proprietors, but also for those businesses’ outside investors, creditors, and suppliers/contractors.

The Revival Of Climate Change Science In U.S. Courts, William H. Rodgers, Jr., Andrea K. Rodgers

Articles

Science never has been the obstacle to the recognition of climate change. Since Arhennius did his original calculations in 1896, the scientific world was quite aware of the prospect that industrial-age levels of carbon dioxide pollution would result in increasing global temperatures and acidification of the world’s oceans. The brilliant—and striking—graphical display that we know today as the Keeling Curve started in 1957, and year after year it records the relentless upward march of these atmospheric pollutant loadings.

Through the years, necessarily, a vast number of scientific warnings, publications, findings, and predictions would be offered to the public at large, …

"The More Things Change . . .": New Moves For Legitimizing Racial Discrimination In A "Post-Race" World, Mario L. Barnes

Articles

No abstract provided.

Privacy, Public Disclosure, Police Body Cameras: Policy Splits, Mary D. Fan

Articles

When you call the police for help—or someone calls the police on you—do you bear the risk that your worst moments will be posted on YouTube for public viewing? Police officers enter some of the most intimate incidences of our lives—after an assault, when we are drunk and disorderly, when someone we love dies in an accident, when we are distraught, enraged, fighting, and more. As police officers around the nation begin wearing body cameras in response to calls for greater transparency, communities are wrestling with how to balance privacy with public disclosure.

This Article sheds light on the balances …

Until The Client Speaks: Reviving The Legal-Interest Model For Preverbal Children, Lisa Kelly, Alicia Levezu

Articles

This article seeks to revive and develop further the concept of legalinterest advocacy, which was first introduced by the American Bar Association in 1996. This overlooked model offers a workable alternative to both the best-interest and substituted-judgment representation models for preverbal clients. Through legal-interest advocacy, attorneys for preverbal children are charged with ensuring that the many rights given to infants are enforced, while withdrawing from attorneys the ability to impose their values on the child client. This article outlines how legal-interest advocacy representation can ensure that a child's legal rights are protected and preserved until the child client can speak …

E-Cigarettes: Effective Cessation Tools Or Public Health Threat?, Luke Clancy, Kate Babineau

Articles

In a short time, electronic cigarettes have become a multi-billion dollar industry. Since their introduction to the market, prevalence of ever-use among smokers in the USA appears to have increased from 2% in 2010 to >30% in 2012, and the rate of increase appears to be similar in the United Kingdom, Ireland and other Western countries according to a special Eurobarometer survey in 2014.1 The e-cigarette market is estimated to be worth over $3 billion. However, there is no consensus on the role of e-cigarettes and their contribution to the provision of smoking cessation (SC) services, nor to global tobacco …

Views Of Fathers In Ireland On The Experience And Challenges Of Having A Breast-Feeding Partner, Annemarie Bennett, Daniel Mccartney, John Kearney

Articles

Objective this study investigated the relationship between fathers and breast feeding in Ireland.

Design and method a cross-sectional semi-quantitative questionnaire with closed-ended and open-ended questions was posted to 1398 men with an Irish partner who had given birth 4–7 months previously. Fathers who specified that their partner breast fed their last or only child were questioned about their: influence on the breast feeding decision; ability to assist with breast feeding challenges; preferred type of information on breast feeding; perceived advantages and disadvantages to breast feeding; and views on breastfeeding in public. Data from closed-ended questions on breast feeding were presented …

Influence Of Ionic Liquids On The Selectivity Of Ion Exchange-Based Polymer Membrane Sensing Layers, Lukasz Mendecki, Nicole Callan, Meghan Ahern, Benjamin Schazmann, Aleksandar Radu

Articles

The applicability of ion exchange membranes is mainly defined by their permselectivity towards specific ions. For instance, the needed selectivity can be sought by modifying some of the components required for the preparation of such membranes. In this study, a new class of materials –trihexyl(tetradecyl)phosphonium based ionic liquids (ILs) were used to modify the properties of ion exchange membranes. We determined selectivity coefficients for iodide as model ion utilizing six phosphonium-based ILs and compared the selectivity with two classical plasticizers. The dielectric properties of membranes plasticized with ionic liquids and their response characteristics towards ten different anions were investigated using …

Highly Efficient F, Cu Doped Tio2 Anti-Bacterial Visible Light Active Photocatalytic Coatings To Combat Hospital-Acquired Infections, Nigel S. Leyland, Joanna Podporska-Carroll, John Browne, Steven J. Hinder, Brid Quilty, Suresh Pillai

Articles

Bacterial infections are a major threat to the health of patients in healthcare facilities including hospitals. One of the major causes of patient morbidity is infection with Staphylococcus aureus. One of the the most dominant nosocomial bacteria, Methicillin Resistant Staphylococcus aureus (MRSA) have been reported to survive on hospital surfaces (e.g. privacy window glasses) for up to 5 months. None of the current anti-bacterial technology is efficient in eliminating Staphylococcus aureus. A novel transparent, immobilised and superhydrophilic coating of titanium dioxide, co-doped with fluorine and copper has been prepared on float glass substrates. Antibacterial activity has demonstrated (by using Staphylococcus …

Characterisation Of Strip Silicon Detectors For The Atlas Phase-Ii Upgrade With A Micro-Focused X-Ray Beam, L. Poley, A. Blue, R. Bates, I. Bloch, S. Diez, J. Fernandez-Tejero, C. Fleta, B. Gallop, B. Greenall, I.M. Gregor, K. Hara, Y. Ikegami, C. Lacasta, K. Lohwasser, D. Maneuski, S. Nagorski, I. Pape, P.W. Phillips, D. Sperlich, K. Sawhney

Articles

The planned HL-LHC (High Luminosity LHC) in 2025 is being designed to maximise the physics potential through a sizable increase in the luminosity up to 6centerdot1034 cm−2s−1. A consequence of this increased luminosity is the expected radiation damage at 3000 fb−1 after ten years of operation, requiring the tracking detectors to withstand fluences to over 1centerdot1016 1 MeV neq/cm2. In order to cope with the consequent increased readout rates, a complete re-design of the current ATLAS Inner Detector (ID) is being developed as the Inner Tracker (ITk).

The Hopes And Fears Of All The Years: 30 Years Behind And The Road Ahead For The Widespread Use Of Mediation, Lela P. Love, Ellen A. Waldman

Articles

Looking through the windshield in 1985, the dispute resolution community was enthusiastic about mediation's promise: the promise of a radically different paradigm premised on party-driven resolution and collaborative decision-making. Peering ahead, mediation's pioneers anticipated a quiet revolution in conflict management toward more therapeutic and democratic processes. What do events in the last three decades tell us about the high and low points — the successes and failures — in the journey of that endeavor? Looking forward, how might we best align reality with our highest aspirations and avoid the disappointing troughs we encountered in those past decades? This article addresses …

Legal Capacity For All: Including Older Persons In The Shift From Adult Guardianship To Supported Decision-Making, Rebekah Diller

Articles

For the last several decades, guardianship has been the subject of continual calls for reform, often spurred by revelations of guardian malfeasance and other abuses in the system. Recent developments in international human rights law pose a more fundamental challenge to the institution. Under Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), governments may not deprive individuals of their “legal capacity”—or right to make decisions and have those decisions recognized as legally binding—on the grounds of disability. In the wake of the CRPD, the concept of supported decision-making has gained growing acceptance as …

Using Architecture Design Studio Pedagogies To Enhance Engineering Education, Shannon Chance, John Marshall, Gavin Duffy

Articles

Problem-Based Learning pedagogies that require high levels of inquiry and hands-on engagement can enhance student learning in engineering. Such pedagogies lie at the core of studio-based design education, having been used to teach architects since the Renaissance. Today, design assignments and studio-based learning formats are finding their way into engineering programs, often as part of larger movements to implement Student-Centered, Problem-Based Learning (PBL) pedagogies. This spectrum of pedagogies is mutually supportive, as illustrated in the University of Michigan’s SmartSurfaces course where students majoring in engineering, art and design, and architecture collaborate on wickedly complex and ill-defined design problems. In SmartSurfaces …

High Sensitivity Sol-Gel Silica Coated Optical Fiber Sensor For Detection Of Ammonia In Water, Dejun Liu, Wei Han, Arun Mallik, Jinhui Yuan, Chongxiu Yu, Gerald Farrell, Yuliya Semenova, Qiang Wu

Articles

A high sensitivity ammonia sensor based on a tapered small core singlemode fiber (SCSMF) structure for measurement of ammonia concentration in water is reported. Two tapered SCSMF fiber structures with different waist diameters of 23 µm and 13.5 µm are fabricated by using a customized microheater brushing technique. The silica based material prepared by the sol-gel method is used as a coating applied to the surface of the tapered fiber structures. To investigate the influence of the coating thickness on the sensitivity to ammonia in water, silica coatings with different thicknesses (2-pass and 8-pass coatings) are deposited on the surface …

Private Dollars For Public Litigation: An Introduction, Anthony J. Sebok

Articles

The article argues that litigation investment—where third-party funders provide capital for lawsuits in exchange for a share of potential recoveries—should be extended to public litigation. It contends that the economic rationale for litigation investment applies equally to public entities, such as state Attorneys General, as it does to private litigants. The author highlights the funding gap in public litigation, particularly in large-scale cases against well-resourced defendants, and suggests that litigation investment could address this gap more effectively than contingent fee arrangements with private attorneys.

State Responsibility To Respect, Protect And Fulfill Human Rights Obligations In Cyberspace, Gabor Rona, Lauren Aarons

Articles

The article argues that international human rights law applies to cyberspace, obligating States to protect individuals' rights online, including privacy, freedom of expression, and assembly. While the legal framework exists, its application remains unsettled, requiring further development to address challenges like balancing security with liberty and regulating non-State actors. The article emphasizes the need for States to adopt a "Golden Rule" approach, prioritizing human rights and security over short-term competitive advantages.

Towards 3d In Vitro Models For The Study Of Cardiovascular Tissues And Disease, Claire M. Brougham, Alan J. Ryan, Carolina D. Garciarena, Steve W. Kerrigan, Fergal J. O'Brien

Articles

The field of tissue engineering is developing biomimetic biomaterial scaffolds which are showing increasing therapeutic potential for the repair of cardiovascular tissues. However, a major opportunity exists to use them as 3D in vitro models for the study of cardiovascular tissues and disease in addition to drug development and testing. These in vitro models can span the gap between 2D culture and in vivo testing thus reducing cost, time and the ethical burden of current approaches. This review outlines the progress to date and requirements for the development of ideal in vitro 3D models for blood vessels, heart valves and …

Potassium Intake, Bioavailability, Hypertension, And Glucose Control, Michael S. Stone, Lisa Martyn, Connie M. Weaver

Articles

Potassium is an essential nutrient. It is the most abundant cation in intracellular fluid where it plays a key role in maintaining cell function. The gradient of potassium across the cell membrane determines cellular membrane potential, which is maintained in large part by the ubiquitous ion channel the sodium-potassium (Na+-K+) ATPase pump. Approximately 90% of potassium consumed (60-100 mEq) is lost in the urine, with the other 10% excreted in the stool, and a very small amount lost in sweat. Little is known about the bioavailability of potassium, especially from dietary sources. Less is understood on how bioavailability may affect …

Relationship Between Fasting Plasma Glucose Levels And Maternal Food Group And Macronutrient Intakes In Pregnancy, Laura Mullaney, Aisling Brennan, Shona Cawley, Amy C. O'Higgins, Daniel Mccartney, Michael J. Turner

Articles

Aim Increased maternal body mass index (BMI) has been consistently associated with elevated blood glucose levels during pregnancy. Studies to date investigating the relationship between maternal blood glucose levels and dietary intake have shown mixed results. We investigated the association between maternal fasting plasma glucose (FPG) levels and food group and macronutrient intakes in the first trimester of pregnancy, after adjustment for maternal bodyweight.

Methods Women were recruited after sonographic confirmation of an ongoing singleton pregnancy in the first trimester. Dietary information was collected using the validated Willett Food Frequency Questionnaire. Maternal height and weight were measured and BMI calculated. …

Use Of A Web-Based Dietary Assessment Tool In Early Pregnancy, Laura Mullaney, Amy C. O'Higgins, Shona Cawley, R. Kennedy, Daniel Mccartney, M.J. Turner

Articles

Background Maternal diet is critical to fetal development and lifelong health outcomes. In this context, dietary quality indices in pregnancy should be explicitly underpinned by data correlating food intake patterns with nutrient intakes known to be important for gestation.

Aims Our aim was to assess the correlation between dietary quality scores derived from a novel online dietary assessment tool (DAT) and nutrient intake data derived from the previously validated Willett Food Frequency Questionnaire (WFFQ).

Methods 524 women completed the validated semiquantitive WFFQ and online DAT questionnaire in their first trimester. Spearman correlation and Kruskal–Wallis tests were used to test associations …

The Microenvironment Of Visceral Adipose Tissue And Liver Alter Natural Killer Cell Viability And Function, Melissa J. Conroy, Vivienne Fitzgerald, Suzanne Doyle, Shauna Channon, Zivile Useckaite, Niamh Gilmartin, Cliona O'Farrelly, Narayanasamy Ravi, John V. Reynolds, Joanne Lysaght

Articles

The role of NK cells in visceral adipose tissue (VAT) and liver inflammation in obesity is not fully understood. This study investigated the frequency, cytokine expression, chemokine receptor, and cytotoxicity receptor profile of NK cells in the blood, omentum, and liver of patients with the obesity-associated cancer, oesophageal adenocarcinoma (OAC). The effect of chronically inflamed tissue microenvironments on NK cell viability and function was also examined. We identified significantly lower NK cell frequencies in the liver of OAC patients compared with healthy controls and within the omentum and liver of OAC patients compared with blood, whereas IL-10-producing populations were significantly …

Fructose Acute Effects On Glucose, Insulin, And Triglyceride After A Solid Meal Compared With Sucralose And Sucrose In A Randomized Crossover Study, Clare Gallagher, J.B. Keogh, Eva Pedersen, Peter M. Clifton

Articles

Fructose, which is a sweetener with a low glycemic index, has been shown to elevate postprandial triglyceride compared with glucose. There are limited data on the effect of fructose in a solid mixed meal containing starch and protein.We determined the effects of sucrose, fructose, and sucralose on triglyceride, glucose, and insulin in an acute study in healthy, overweight, and obese individuals.The study had a randomized crossover design. Twenty-seven participants with a mean age of 44 y and a mean body mass index (in kg/m(2)) of 26 completed the study. Fructose (52 g), sucrose (65 g), and sucralose (0.1 g) were …

Parallel Profiles Of Inflammatory And Effector Memory T Cells In Visceral Fat And Liver Of Obesity-Associated Cancer Patients, Melissa Conroy, Karen Galvin, Suzanne Doyle, Maria Kavanagh, Ann-Marie Mongan, Aoife Cannon, Gillian Moore, John Reynolds, Joanne Lysaght

Articles

In the midst of a worsening obesity epidemic, the incidence of obesity-associated morbidities, including cancer, diabetes, cardiac and liver disease is increasing. Insights into mechanisms underlying pathological obesity-associated inflammation are lacking. Both the omentum, the principal component of visceral fat, and liver of obese individuals are sites of excessive inflammation, but to date the T cell profiles of both compartments have not been assessed or compared in a patient cohort with obesity-associated disease. We have previously identified that omentum is enriched with inflammatory cytokines, chemokines and T cells. Here, we compared the inflammatory profile of T cells in the omentum …

Methodologies And Considerations For Bladder Cancer Detection With Raman Based Urine Cytology, Laura T. Kerr, Thérése M. Lynn, Ivor M. Cullen, Padraig J. Daly, Nigam Shah, Shirley O'Dea, Alison Malkin, Bryan M. Hennelly

Articles

Bladder cancer has the highest recurrence rate of any cancer. The American Urological Association recommends cystoscopic surveillance every 3–6 months for 3 years, and at least once a year thereafter, particularly for high-risk patients; however, cystoscopy is invasive, expensive, and is not without insignificant morbidity for the patient. Urine cytology is often used as an adjunct to cystoscopy; however, it has a low sensitivity in detecting low grade bladder cancers. Recent studies have investigated the application of Raman micro-spectroscopy for the detection of bladder cancer via urine cytology, and it has been demonstrated to significantly improve the diagnostic sensitivity of …

Integration Of New Biological And Physical Retrospective Dosimetry Methods Into Eu Emergency Response Plans – Joint Reneb And Eurados Inter-Laboratory Comparisons, Elizabeth Ainsbury, Christophe Badie, Stephen Barnard, Aidan Meade

Articles

RENEB, 'Realising the European Network of Biodosimetry and Physical Retrospective Dosimetry,' is a network for research and emergency response mutual assistance in biodosimetry within the EU. Within this extremely active network, a number of new dosimetry methods have recently been proposed or developed. There is a requirement to test and/or validate these candidate techniques and inter-comparison exercises are a well-established method for such validation.

Screening For Peripheral Arterial Disease And Carotid Artery Disease In Patients With Abdominal Aortic Aneurysm, C. Gray, Patrick J. Goodman, Paul Cullen, Stephen Badger, Kevin O'Malley, Martin K. O'Donohoe, Ciarán O. Mcdonnell

Articles

Screening for concomitant atherosclerotic disease is important in cardiovascular risk reduction. This study assessed the prevalence of carotid artery disease (CAD) and peripheral arterial disease (PAD) in patients with known abdominal aortic aneurysms (AAAs). All patients with AAA attending the vascular laboratory between the January 1, 2007, and December 31, 2009, were eligible for a carotid ultrasound and measurement of ankle brachial indices. A total of 389 (305 males) patients were identified on the AAA surveillance program with a mean (±standard deviation) age of 76 (±8) years. The mean age of the males was 75.4 (±7.8) years, and the mean …

Endovascular Aneurysm Repair Increases Aortic Arterial Stiffness When Compared To Open Repair Of Abdominal Aortic Aneurysms, C. Gray, Patrick J. Goodman, Stephen Badger, M. Kevin O'Malley, Martin K. O'Donohoe, Ciarán O. Mcdonnell

Articles

Objectives: The initial survival advantage seen with endovascular aneurysm repair (EVAR) over open repair does not persist in the long term. Pulse wave velocity (PWV) is a measure of arterial stiffness, and increased PWV is an independent risk factor for increased cardiovascular morbidity and mortality. This prospective comparative pilot study examined the effect of implantation of an aortic graft on PWV in patients undergoing open or endovascular aortic aneurysm repair. Patients and Methods: Thirty-four patients (15 open and 19 EVAR) were recruited. Patient demographics were similar in both the groups. Pulse wave velocity was calculated for all patients …