Digital Commons Network^™

Making "Smart Growth" Smarter, Steve P. Calandrillo, Chryssa V. Deliganis, Andrea Woods

Articles

The “smart growth” movement has had a significant influence on land use regulation over the past few decades, and promises to offer the antidote to suburban sprawl. But states and local governments that once enthusiastically touted smart growth legislation are beginning to confront unforeseen obstacles and unintended consequences resulting from their new policies.

This Article explores the impact of growth management acts on private property rights, noting the inevitable and growing conflicts between the two sides that legislatures and courts are now being asked to sort out. It assesses the problems with creating truly intelligent urban growth, ranging from political …

Frenemies Of The Court: The Many Faces Of Amicus Curiae, Helen A. Anderson

Articles

Ask any lawyer what an "amicus curiae" is, and you will be told that the term means "friend of the court." The term has positive, even warm, connotations. Amicus briefs provide additional information or perspectives to assist courts in deciding issues of public importance. Interest groups, law professors, and politically engaged lawyers are happy to participate in important cases through such briefs. Amicus curiae participation is defended as democratic input into what is otherwise not a democratic branch of government.

Yet, amici curiae—nonparties who are nevertheless advocates, who are not bound by rules of standing and justiciability, or even rules …

What Dna Can And Cannot Say: Perspectives Of Immigrant Families About The Use Of Genetic Testing In Immigration, Llilida P. Barata, Helene Starks, Patricia Kuszler, Wylie Burke

Articles

Genetic technologies are being implemented in areas that extend beyond the field of medicine to address social and legal problems. An emerging example is the implementation of genetic testing in the family petitioning process in immigration policy. This use of genetic testing offers the potential benefits of reducing immigration fraud and making the process more efficient and accessible for immigrants, especially those without documentation. However, little is known about the positive or negative impacts of such testing on immigrant families and their communities.

This study collected empirical data through family interviews to understand the experiences and attitudes of individuals who …

"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen

Articles

The theme for the 2015 Arctic Encounter Symposium was “Charting a Path to U.S. Leadership in the Far North.” I would like to begin my comments regarding U.S. leadership by reminding the audience that the Arctic is primarily a maritime domain and the fundamental rule set for international relations in the Arctic’s maritime domain is the 1982 U.N. Convention on the Law of the Sea (LOS Convention), a convention to which the United States remains the most conspicuous non-party.

When Private Property Rights Collide With Growth Management Legislation, Steve P. Calandrillo, Chryssa V. Deliganis, Andrea Woods

Articles

Over the past century, ever-expanding urban and suburban growth in the United States has offered a clear sign of America’s economic vitality, but it has not come without unique challenges of its own. Indeed, efforts to promulgate “smart growth” legislation as an antidote to suburban “sprawl” have proliferated in the past three decades, but it is time we ask ourselves whether their benefits outweigh their unintended consequences. States and local governments that once enthusiastically touted such legislation are beginning to confront unforeseen obstacles–and litigation–that raise the need for immediate reform.

This Article explores the impact of growth management acts on …

The Lost "Art" Of The Patent System, Sean M. O'Connor

Articles

Patent systems emerged in the early modern period of the West to incentivize development and dissemination of skills-based artisanal innovations. This approach appears to have been adopted by the Framers in drafting the Intellectual Property Clause.

Only later, in the Industrial Revolution, did ‘‘science’’ and ‘‘technology’’ begin to displace ‘‘art’’ as the perceived object of the U.S. patent system. This was in large part because of the emergence of the concept of ‘‘technology’’ itself as science-based innovation in artisanal and mechanized production.

The loss of an ‘‘art’’-based concept of the patent system is arguably causing some of the confusion over …

Gayffirmative Action: The Constitutionality Of Sexual Orientation-Based Affirmative Action Policies, Peter Nicolas

Articles

Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based equal protection cases. That principle requires courts to apply the same strict scrutiny to racial classifications designed to benefit racial minorities—such as affirmative action policies—as they do to laws invidiously discriminating against them. The new consistency principle, under which discrimination against whites is subject to strict scrutiny, conflicted with the Court's established criteria for declaring a group to be a suspect or quasi-suspect class entitled to heightened scrutiny, which focused on such considerations as the history of discrimination against the group and its political powerlessness.

As …

Electronic Cigarette Use Among Irish Youth: A Cross Sectional Study Of Prevalence And Associated Factors, Kate Babineau, Keisha Taylor, Luke Clancy

Articles

No abstract provided.

Remote Risk Assessment: A Case Study Using Scope Software, Maria Chiara Leva, Farzad Naghdali, Noral Balfe, Marko Gerbec, Micaela De Michela

Articles

A thorough risk assessment requires input from experts in both safety analyses and the system under analysis. The cost of collecting together the required expertise for a short risk assessment may mean that for some small and medium enterprises (SME), the risk assessment is not deemed worthwhile or is completed using a generic form. This is despite the possible safety and performance benefits that can be identified via a thorough risk assessment. This paper presents a case study of a risk assessment on a rare periodic inspection & maintenance procedure planned by a LPG storage and distribution company in Slovenia. …

An Estimation Of Periconceptional Under-Reporting Of Dietary Energy Intake, Laura Mullaney, Amy C. Higgins, Shona Cawley, Anne Doolan, Daniel Mccartney, Michael J. Turner

Articles

Background The purpose of this cross-sectional study was to examine periconceptional misreporting of energy intake (EI) using the Willet food frequency questionnaire (WFFQ). Methods Women were recruited in the first trimester. Women completed a semi-quantitative WFFQ. Maternal body composition was measured using eight-electrode bioelectrical impedance analysis. Under-reporters were those whose ratio of EI to their calculated basal metabolic rate fell below the calculated plausible threshold for their physical activity category. Results The mean age was 30.1+5.3 years (n ¼ 524). The mean body mass index (BMI) was 25.4+5.6 kg/m2 , and 16.6% were obese (BMI 30.0 kg/m2 ). Under-reported EI …

Integration Of Qos Metrics, Rules And Semantic Uplift For Advanced Iptv Monitoring, Ruairí De Fréin, Cristian Olariu, Yuqian Song, Rob Brennan, Patrick Mcdonagh, Adriana Hava, Christina Thorpe, John Murphy, Liam Murphy, Paul French

Articles

Increasing and variable traffic demands due to triple play services pose significant Internet Protocol Television (IPTV) resource management challenges for service providers. Managing subscriber expectations via consolidated IPTV quality reporting will play a crucial role in guaranteeing return-on-investment for players in the increasingly competitive IPTV delivery ecosystem. We propose a fault diagnosis and problem isolation solution that addresses the IPTV monitoring challenge and recommends problem-specific remedial action. IPTV delivery-specific metrics are collected at various points in the delivery topology, the residential gateway and the Digital Subscriber Line Access Multiplexer through to the video Head-End. They are then pre-processed using new …

Individualized Injunctions And No-Modification Terms: Challenging "Anti-Reform" Provisions In Arbitration Clauses, Myriam E. Gilles

Articles

The Supreme Court’s recent decisions in AT&T Mobility v. Concepcion and American Express v. Italian Colors have considered only whether class actions for monetary damages may be barred by arbitration clauses requiring individual adjudication. The Justices have not examined the enforceability of arbitration clauses or arbitral rules which explicitly prohibit claimants from seeking or arbitrators from granting broad injunctive relief in an individual dispute. I term these "anti-reform" provisions because they broadly prohibit an individual arbitral claimant from seeking to end a practice, change a rule, or enjoin an act that causes injury to itself and to similarly-situated non-parties. This …

Goveille V. Liberty Mutual: An Opportunity To Correct The Problems Of Erisa Preemption, Edward A. Zelinsky

Articles

No abstract provided.

Inverse Relationship Between Physical Activity, Adiposity And Arterial Stiffness In Healthy Middle-Aged Subjects, Oscar Mac Ananey, B Mc Loughlin, A Leonard, L Maher, P Gaffney, G Boran, V Maher

Articles

BACKGROUND:

Several obesity related factors are reported to exacerbate premature arterial stiffening, including inactivity and metabolic disarray. The aim of the present study was to investigate the relationship between physical activity, arterial stiffness and adiposity using objective methods. To further explore the role of adiposity in this complex process, obesity associated anthropometric and humoral biomarkers were measured.

METHODS:

Seventy-nine healthy, lifelong non-smoking, subjects were recruited. Habitual physical activity was measured using accelerometry. Arterial stiffness (augmentation index; AIx & pulse wave velocity; PWV), was measured using tonometry. Body composition was estimated using bioimpedence. Adipose associated biomarkers, leptin and adiponectin, were also …

Endurance Exercise Training Programs Intestinal Lipid Metabolism In A Rat Model Of Obesity And Type 2 Diabetes, Yu-Han Hung, Melissa A. Linden, Alicia Gordon, R. Scott Rector, Kimberly K. Buhman

Articles

Endurance exercise has been shown to improve metabolic outcomes in obesity and type 2 diabetes; however, the physiological and molecular mechanisms for these benefits are not completely understood. Although endurance exercise has been shown to decrease lipogenesis, promote fatty acid oxidation (FAO), and increase mitochondrial biosynthesis in adipose tissue, muscle, and liver, its effects on intestinal lipid metabolism remain unknown. The absorptive cells of the small intestine, enterocytes, mediate the highly efficient absorption and processing of nutrients, including dietary fat for delivery throughout the body. We investigated how endurance exercise altered intestinal lipid metabolism in obesity and type 2 diabetes …

Photonic Hydrogel Sensors, Ali K. Yetisen, Haider Butt, Lisa R Volpatti, Ida Pavlichenko, Matjaž Humar, Sheldon J.J.Kwok Sheldon J.J.Kwok, Heebeom Koo, Ki Su Kim, Izabela Naydenova, Ali Khademhosseini, Sei Kwang Hahnk, Seok Hyun Yunaf

Articles

Analyte-sensitive hydrogels that incorporate optical structures have emerged as sensing platforms for point-of-care diagnostics. The optical properties of the hydrogel sensors can be rationally designed and fabricated through self-assembly, microfabrication or laser writing. The advantages of photonic hydrogel sensors over conventional assay formats include label-free, quantitative, reusable, and continuous measurement capability that can be integrated with equipment-free text or image display. This Review explains the operation principles of photonic hydrogel sensors, presents syntheses of stimuli-responsive polymers, and provides an overview of qualitative and quantitative readout technologies. Applications in clinical samples are discussed, and potential future directions are identified.

A Quantum Theory Of Consciousness May Require A Paradigm Shift In Biology, Maurice Goodman

Articles

It is often assumed that the known physical laws form a closed system and are complete. It is also assumed that biological theories require no additional principles that are fundamental other than those we already know. Assumptions such as these are acting as a barrier to progress in biological theories and an understanding of consciousness. This paper examines the unexplained inconsistencies among fundamental particles and forces and the fundamental gaps in our knowledge of biology and the cell in particular that may impact on such progress. Also, the laws of quantum mechanics are examined and found to be grossly incomplete. …

Barriers To Utilisation Of Refractive Services In Mozambique., James Loughman, Stephen Thompson, Carmen Gonzalez-Alvarez, Kovin Naidoo, Farai Chinanayi, Geoff Harris

Articles

Mozambique has a population of more than 25 million people.1 Nampula Province has just fewer than 4 million people.2 Although Mozambique is currently experiencing unprecedented economic growth rates, buoyed by the discovery of natural resources, significant challenges remain for the population, such as adequate health care, including eye health services. VISION 2020 is a global initiative to eliminate avoidable blindness by the year 2020. Its core strategies are focused on human resource development, infrastructure development, and disease control.3 The Mozambique Eyecare Project delivered a regional optometry model for Lusophone Africa, based on the VISION 2020 core strategies. A key output …

Trailmaking Test Performance Contributes To Subjective Judgment Of Visual Efficiency In Older Adults, Annalisa Setti, James Loughman, George Savva, Rose Anne Kenny

Articles

Introduction.

The determinant factors that influence self-reported quality of vision have yet to be fully elucidated. This study evaluated a range of contextual information, established psychophysical tests, and in particular, a series of cognitive tests as potentially novel determinant factors.

Materials &Methods. Community dwelling adults (aged 50+) recruited to Wave 1 of The Irish Longitudinal Study on Ageing, excluding those registered blind, participated in this study (N = 5,021). Self-reports of vision were analysed in relation to visual acuity and contrast sensitivity, ocular pathology, visual (Choice Response Time task; TrailMaking Test) and global cognition. Contextual factors such as having visited …

Rapid Assessment Of Refractive Error, Presbyopia, And Visual Impairment And Associated Quality Of Life In Nampula, Mozambique, James Loughman, Lindelwa Nxele, Cesar Faria, Stephen Thompson, Prasidh Ramson, Farai Chinanyi, Kovin S. Naidoo

Articles

Introduction: Uncorrected refractive error is the leading cause of visual impairment worldwide and leads to an impaired quality of life. This study was designed to determine the prevalence of uncorrected refractive error and presbyopia, to assess spectacle coverage, and to evaluate visual health-related quality of life among persons aged 15–50 years old in Nampula, Mozambique.

Methods: Participants were assessed using a validated rapid assessment of refractive error protocol, comprised of a demographic questionnaire, a standardized ophthalmic assessment to determine refractive status and spectacle coverage, and a modified vision-related quality of life questionnaire to assess the impact of uncorrected refractive error …

Visual Function And Its Relationship With Severity Of Early, And Activity Of Neovascular, Age-Related Macular Degeneration, James Loughman, Sarah Sabour-Pickett, John M. Nolan, Barbara Klein, Ron Klein, Stephen Beatty

Articles

Purpose: To investigate the relationship between visual function and severity of early age-related macular degeneration (AMD) and activity of neovascular (nv-) AMD.

Methods: The following data was collected from 66 eyes of 66 subjects with early AMD and 47 eyes of 47 subjects with active nv-AMD: corrected distance visual acuity (CDVA); contrast sensitivity (CS); glare disability (GD); and retinotopic ocular sensitivity (ROS) of the central 5° of the retina, by microperimetry. Fundus photographic grading of early AMD was performed in a masked fashion. Mean foveal thickness (MFT) was measured by spectral domain optical coherence tomography in patients with nv-AMD.

Results: …

Recruitment And Selection Strategies In Optometric Education Towards Addressing Human Resource Disparities In Sub-Saharan Africa, Vanessa Moodley, James Loughman, Kovin S. Naidoo

Articles

The dire need for eye care services and a dearth of human resources (HR) in sub-Saharan Africa motivated the setting up of new optometry programmes. However, to make a meaningful impact, geographical, gender, economic and educational disparities must additionally be addressed. A qualitative study utilizing purposive sampling to select academic leadership and students from optometry programmes in sub-Saharan Africa was conducted. Individual and focus group interviews produced data that were coded and analysed using a deductive thematic analysis approach. The themes that emerged as contributing to disparities in access through recruitment and selection were institutional barriers (student intake numbers, programme …

Dual Targeted Immunotherapy Via In Vivo Delivery Of Bio-Hybrid Rnai-Peptide Nanoparticles To Tumour-Associated Macrophages And Cancer Cells, Joao Conde, Chenchen Bao, Yeqi Tan, Daxiang Cui, Elazier Edelman, Helena Azevedo, Hugh Byrne, Natalie Artzi, Furong Tian

Articles

Lung cancer is associated with very poor prognosis and considered one of the leading causes of death worldwide. Here, we present highly potent and selective bio-hybrid RNAi-peptide nanoparticles that can induce specific and long-lasting gene therapy in inflammatory tumour associated macrophages (TAMs), via an immune modulation of the tumour milieu combined with tumour suppressor effects. Our data prove that passive gene silencing can be achieved in cancer cells using regular RNAi NPs. When combined with M2 peptide-based targeted immunotherapy that immuno-modulates TAMs cell-population, a synergistic effect and long-lived tumour eradication can be observed along with increased mice survival. Treatment with …

Functional Conservation Of An Ancestral Pellino Protein In Helminth Species, Christopher Cluxton, Brian Caffrey, Gemma Kinsella, Paul Moynagh, Mario Fares, Padraic Fallon

Articles

The immune system of H. sapiens has innate signaling pathways that arose in ancestral species. This is exemplified by the discovery of the Toll-like receptor (TLR) pathway using free-living model organisms such as Drosophila melanogaster. The TLR pathway is ubiquitous and controls sensitivity to pathogen-associated molecular patterns (PAMPs) in eukaryotes. There is, however, a marked absence of this pathway from the plathyhelminthes, with the exception of the Pellino protein family, which is present in a number of species from this phylum. Helminth Pellino proteins are conserved having high similarity, both at the sequence and predicted structural protein level, with that …

The Contribution Of Non-Thermal And Advanced Oxidation Technologies Towards Dissipation Of Pesticide Residues, N. Misra

Articles

Background

The use of pesticides has stabilised the food production to a great extent and their usage cannot be avoided anymore. Nevertheless, common food processing operations always allowed dissipating pesticide residues in foods to some extent. Within the food science community and the food processing sector, non-thermal food technologies are being researched and commercialised at a great pace over the past three decades.

Scope and Approach

In this review we provide a critical analysis of the literature pertinent to the fate of pesticide residues during non-thermal processing of solid and liquid foods. We also identify the opportunities for further development …

Mechanism Of Inactivation By High Voltage Atmospheric Cold Plasma Differs Between Escherichia Coli And Staphylococcus Aureus, Lu Han, Sonal Patil, Daniela Boehm, Vladimir Milosavljević, Patrick J. Cullen, Paula Bourke

Articles

Atmospheric cold plasma (ACP) is a promising non-thermal technology effective against a wide range of pathogenic microorganisms. Reactive oxygen species (ROS) play a crucial inactivation role when air or other oxygen containing gases are used. With strong oxidative stress, cells can be damaged by lipid peroxidation, enzyme inactivation and DNA cleavage. Identifying ROS and understanding their role is important to advance ACP applications to a range of complex microbiological issues. In this study, the inactivation efficacy of in-package, high voltage (80 kV_RMS) ACP (HVACP) and the role of intracellular ROS were investigated. Two mechanisms of inactivation were observed …

Computational Development Of Selective Nnos Inhibitors: Binding Modes And Pharmacokinetic Considerations, Adam Curtin, Gemma K. Kinsella, John Stephens

Articles

Abstract: Neuronal nitric oxide synthase (nNOS) produces the key signalling mediator nitric oxide, (NO). This gaseous, free radical molecule modulates a vast array of biological processes, from vascular pressure to immune responses and neurological signalling cascades. Overproduction of NO has been implicated in conditions including Alzheimer’s disease, Parkinson’s disease and schizophrenia. Inhibition of nNOS therefore offers a potential therapeutic approach for treatment of these conditions. This endeavour is made more complex by the fact that there are two other isoforms of nitric oxide synthase (NOS), endothelial NOS (eNOS) and inducible NOS (iNOS). The selectivity of nNOS inhibitors is therefore a …

Identification Of Key Proteins In Human Epithelial Cells Responding To Bystander Signals From Irradiated Trout Skin, Hayley Furlong, Richard Smith, Jiaxi Wang, Colin Seymour, Carmel Mothersill, Orla L. Howe

Articles

Radiation-induced bystander signaling has been found to occur in live rainbow trout fish (Oncorhynchus mykiss). This article reports identification of key proteomic changes in a bystander reporter cell line (HaCaT) grown in low-dose irradiated tissue-conditioned media (ITCM) from rainbow trout fish. In vitro explant cultures were generated from the skin of fish previously exposed to low doses (0.1 and 0.5 Gy) of X-ray radiation in vivo. The ITCM was harvested from all donor explant cultures and placed on recipient HaCaT cells to observe any change in protein expression caused by the bystander signals. Proteomic methods using 2-dimensional (2D) gel electrophoresis …

Binding Of Dna By A Dinitro-Diester Calix[4]Arene: Denaturation And Condensation Of Dna, Mary Deasy, Pilar Lopez-Cornejo, F J. Ostos, J A. Lebron, M L. Moya

Articles

A study of a dinitro-diester calix[4]arene (5,17-(3-nitrobenzylideneamino)-11,23-di-tert-butyl- 25,27-diethoxycarbonyl methyleneoxy-26,28-dihydroxycalix[4]arene) interaction with calf-thymus DNA was carried out using several techniques. The measurements were done at various molar ratios X=[calixarene]/[DNA]. Results show diverse changes in the DNA conformation depending on the X value. Thus, at low macrocycle concentration, the calixarene binds to the polynucleotide. This interaction, mainly in groove mode, weakens the hydrogen bonds between the base pairs of the helix inducing the denaturation of the double strands, as well as the condensation of the macromolecule, from an extended coil state to a globular state. An opposite effect is observed …

A System Dynamics View Of The Acute Bed Blockage Problem In The Irish Healthcare System, Waleed Abo Hamad, Wael Rashwan, Amr Arisha

Articles

Global population ageing is creating immense pressures on hospitals and other healthcare services, compromising their abilities to meet the growing demand from elderly patients. Current demand–supply gaps result in prolonged waiting times in emergency departments (EDs), and several studies have focused on improving ED performance. However, the overcrowding in EDs generally stems from delayed patient flows to inpatient wards – which are congested with inpatients waiting for beds in post-acute facilities. This problem of bed blocking in acute hospitals causes substantial cost burdens on hospitals. This study presents a system dynamics methodology to model the dynamic flow of elderly patients …