Digital Commons Network^™

Back To The Basics Of Erie, Diane P. Wood

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No abstract provided.

Noise Reduction: The Screening Value Of Qui Tam, Anthony Casey, Anthony Niblett

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No abstract provided.

Supplying Compliance: Why And When The Us Complies With Wto Rulings, Adam S. Chilton, Rachel Brewster

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No abstract provided.

The Creeping Federalization Of Wealth-Transfer Law, Lawrence W. Waggoner

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This article appears in a symposium issue published by the Vanderbilt Law Review on The Role of Federal Law in Private Wealth Transfer. Federal authorities have little experience in making law that governs wealth transfers, because that function is traditionally within the province of state law. Although state wealth-transfer law has undergone significant modernization over the last few decades, all three branches of the federal government—legislative, judicial, and executive—have increasingly gone their own way. Lack of experience and, in many cases, lack of knowledge on the part of federal authorities have not dissuaded them from undermining well-considered state law. The …

Bacteria On Shared Mobile Phones Can Lead To Infections, Roberta Basol, Jean Beckel, Judy Gilsdorf-Gracie, Amy Hilleren-Listerud, Terri Mccaffrey, Sherri Reischl, Pamela Rickbeil, Mary Schimnich, Kirsten Skillings, Mary A. Struffert

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It's now a common practice for hospital-owned mobile phones to be shared among healthcare employees from shift to shift. Despite the benefit of increased, timely communication between caregivers, sharing mobile devices can lead to the spread of healthcare-associated infections (HAIs) if they aren't properly disinfected. The Guidelines for Disinfection and Sterilization in Healthcare Facilities describe "non-critical environmental surfaces" as items that are frequently touched by the hand and may pose a risk of secondary infection transmission.

Operation Arbitration: Privatizing Medical Malpractice Claims, Myriam E. Gilles

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Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all "contract[s] evincing a transaction involving commerce, " including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness …

The Use And Abuse Of Precedent In Labor And Employment Arbitration, Theodore J. St. Antoine

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As he did so often with legal problems, Oliver Wendell Holmes put his finger on the key to the problem of precedent with a memorable assertion. Said he: "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV." Notice that Holmes did not say it is a bad thing for a rule to have an ancient lineage. The question is whether the rule that may have made sense when Henry IV reigned, or when the Wagner Act was passed, has stood the test of …

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert

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Courts and legislatures often conflate merit-less and frivolous cases when balancing the desire to keep courthouse doors open to novel or unlikely claims against the concern that entertaining ultimately unsuccessful litigation will prove too costly for courts and defendants. Recently, significant procedural and substantive barriers to civil litigation have been informed by judicial and legislative assumptions about the costs of entertaining merit-less and frivolous litigation. The prevailing wisdom is that eliminating merit-less and frivolous claims as early in a case’s trajectory as possible will focus scarce resources on the truly meritorious cases, thereby ensuring that available remedies are properly distributed …

Antibody-Drug Gold Nanoantennas With Raman Spectroscopic Fingerprints For In Vivo Tumour Theranostics., Joao Conde, Chenchen Bao, Daxiang Cui, Pedro V. Baptista, Furong Tian

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Inspired by the ability of SERS nanoantennas to provide an integrated platform to enhance disease targeting in vivo, we developed a highly sensitive probe for in vivo tumoral recognition with the capacity to target specific cancer biomarkers such as epidermal growth factor receptors (EGFR) on human cancer cells and xenograft tumour models. Here, we used ~90 nm gold nanoparticles capped by a Raman reporter, encapsulated and entrapped by larger polymers and a FDA antibody-drug conjugate –Cetuximab (Erbitux®) – that specifically targets EGFR and turns off a main signalling cascade for cancer cells to proliferate and survive. These drug/SERS gold nanoantennas …

Health Websites: Accessibility And Usability For American Sign Language Users, Poorna Kushalnagar, Joan Naturale, Raylene Paludeviciene, Scott R. Smith, Emily Werfel, Richard Doolittle, Stephen Jacobs, James Decaro

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To date, there have been efforts towards creating better health information access for Deaf American Sign Language (ASL) users. However, the usability of websites with access to health information in ASL has not been evaluated. Our paper focuses on the usability of four health websites that include ASL videos. We seek to obtain ASL users’ perspectives on the navigation of these ASL-accessible websites, finding the health information that they needed, and perceived ease of understanding ASL video content.

ASL users (N=32) were instructed to find specific information on four ASL-accessible websites, and answered questions related to: 1) navigation to find …

Material Culture: A Review Of The 2013 Oxford Symposium On Food And Cookery, Máirtín Mac Con Iomaire

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The focus of this year’s Oxford Symposium on Food and Cookery was on the stew stove not the stew; the knives not the meat; the salt pots or ‘nefs’ rather than the salt; the ‘chasen’ not the tea; the plates (whether pewter, ceramic, delftware, china, silver or gold) but not their food contents. We were gathered to discuss associated material culture of food and cookery rather than the perishable ephemeral substance that usually concerns this gathering now in its thirty-first year.

So, what did the 220 chefs, food historians, writers, scientists, anthropologists and general foodies learn from the weekend’s discussion …

Footwear And Wrist Communication Links Using 2.4 Ghz And Uwb Antennas, Domenico Gaetano, Patrick Mcevoy, Max Ammann, Colm Brannigan, Louise Keating, Frances Horgan

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It is reported that wearable electronic devices are to be used extensively in the next generation of sensors for sports and health monitoring. The information obtained from sensors on the human body depends on the biological parameters, the measurement rate and the number of sensors. The choice of the wireless protocol depends on the required data rates and on system configurations. The communication link quality is achieved with narrowband technologies such as Bluetooth or Zigbee, provided that the number of sensors is small and data rates are low. However, real-time measurements using wideband channels may also be necessary. This paper …

Studies On The Synthesis Of Orthogonally Protected Azalanthionines, And Of Routes Towards B-Methyl Azalanthionines, By Ring-Opening Of N-Activated Aziridine-2-Crboxylates, Keith O'Brien, Keith Ó Proinsias, Fintan Kelleher

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Orthogonally protected azalanthionines were successfully synthesised by the ring-opening of N-activated aziridine-2-carboxylates with protected diaminopropanoic acids (DAPs). The required DAPs were also prepared by ring-opening of N-activated aziridine-2-carboxylates with para-methoxybenzylamine, but it was found that the choice of aziridine protecting groups dictated both the success of the reaction as well as the regioselectivity of the isolated products. Attempts to extend the methodology to the preparation of the more sterically demanding b-methyl azalanthionines have, so far, been unsuccessful.

Undertaking Action Research In Prison: Developing The Older Prisoner Health And Social Care Assessment And Plan, Kate O'Hara, Elizabeth Walsh, Katrina Forsyth, Jane Senior, Jenny Shaw

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Older prisoners are the fastest growing group in prisons. They have complex health and social care needs and the coordination of their care is suboptimal. An action learning group including health care staff, prison staff and older prisoners was established at one prison in England. The group developed the Older prisoner Health and Social Care Assessment and Plan (OHSCAP) which is a health and social care assessment and care planning process for the better identification and management of older prisoners’ needs. This paper describes and critically analyses the process of action learning in prison to develop and pilot the OHSCAP. …

Geographic Information System-Based Tools In Environmental Management, Zeinab Bedri, Michael Bruen

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The authors reviewed existing modelling platforms as part of a large study of water and pollution pathways through catchments in Ireland (Irish EPA Pathways project). Worldwide, work on producing catchment management tools (CMTs) has been underway for some time and some of the tools identified here date from as early as 1989. Some of the management problems and model conceptualisations have not changed very much but now there is a stronger emphasis on water quality and more concern about a wider range of contaminants. What has changed substantially is the use of Geographical Information System and Graphical Windows interfaces as …

Internality Regulation Through Public Choice, Saul Levmore

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No abstract provided.

Personalizing Default Rules And Disclosure With Big Data, Lior Strahilevitz, Ariel Porat

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No abstract provided.

Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri

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Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2-1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be "transformed," the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between the …

Fraud And Abuse In Mesothelioma Litigation, Lester Brickman

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No abstract provided.

The Burdens Of Pleading, Alexander A. Reinert

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To preview my argument briefly, plausibility pleading formally asks judges—for the first time since the advent of the Federal Rules—to engage in a merits-based analysis at the pleading stage based on their “judicial experience and common sense.” Judges are expected to engage in this inquiry with only the factual allegations in the complaint at their disposal. Putting aside the difficulty of conducting this analysis under the best of circumstances, our federal judges have extremely limited judicial experience to apply to merits-based decisions. The number of trials, the ultimate arbiter of merit, has fallen precipitously in the past fifty years. Trials …

The Legality Of Delaying Key Elements Of The Aca., Nicholas Bagley

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Under the Affordable Care Act (ACA), the employer mandate — the requirement that most employers offer health insurance to their workers or pay a tax penalty — was scheduled to go into effect on January 1, 2014. Last summer, however, the Obama administration announced that it was delaying the mandate for a year. The administration has now extended the delay for midsize firms until 2016.

Gourmande International Book Awards 2014, Dermot Seberry

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Ireland. A Culinary Journey in the North-East

'Winner of 2 Categories'

THE BEST COOKBOOKS, DRINK BOOKS AND FOOD TELEVISION OF THE YEAR 2013

Development Of A Novel Hybrid Aluminum-Based Sol-Gel Materials: Application To The Protection Of Aa2024-T3 Alloys In Alkaline Environment, Mohamed Oubaha, Padinchare Covilakath Rajath Varma, Brendan Duffy, Zuhair Mattoug Gasem, Steven J. Hinder

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Extensive research on environmentally complaint sol-gel coatings is currently underway for a wide range of applications. Sol-gel technology combines the synergistic properties of inorganic and organic components to design nanostructured coating materials with advanced physical properties. Through a judicious choice of precursors and additives improved performances, such as chemical resistance or pH stability, it can be achieved. This is of particular interest for copper rich AA 2024-T3 aluminium alloys used on aircraft, where increase in local pH occurs at corrosion sites. This work focuses on improving the alkaline stability and anticorrosion properties of such a sol-gel coatings on AA2024-T3 by …

A Miniaturized Flexible Surface Attachable Interrogator For Hybrid Optical Fiber Sensing, Yuliya Semenova, Manjusha Ramakrishnan, Ginu Rajan, Tomasz Wolinski, Andrzej Domański, Gerald Farrell

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In this paper, we propose a miniaturized flexible interrogator for polarimetric and fiber Bragg grating (FBG) sensors based hybrid sensing scheme embedded in composite materials. The flexible interrogation module comprises of an Arrayed Waveguide (AWG) for FBG demodulation and an Electro Optic Mach- Zehnder Interferometric (EO-MZI) intensity modulator for polarimetric sensor demodulation. A customized design of AWG and EO- MZI are presented, and the designed performance resulted in a wide channel spacing of 5 nm and low cross talk of -34 dB between adjacent channels for the AWG, and a low Vπ voltage of ±1.5 Volt for the MZI-EO. The …

Adopting Agile Practices When Developing Software For Use In The Medical Domain, Martin Mchugh, Fergal Mccaffery, Valentine Casey

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Non-safety critical software developers have been reaping the benefits of adopting agile practices for a number of years. However, developers of safety critical software often have concerns about adopting agile practices. Through performing a literature review, this research has identified the perceived barriers to following agile practices when developing medical device software. A questionnaire based survey was also conducted with medical device software developers in Ireland to determine the barriers to adopting agile practices. The survey revealed that half of the respondents develop software in accordance with a plan driven software development lifecycle and that they believe that there are …

The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh

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This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …

Mechanical Mastication Of Utah Juniper Encroaching Sagebrush Steppe Increases Inorganic Soil N, Kert R. Young, Bruce A. Roundy, Dennis L. Eggett

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Juniper (Juniperus spp.) has encroached on millions of hectares of sagebrush (Artemisia spp.) steppe. Juniper mechanical mastication increases cover of understory species but could increase resource availability and subsequently invasive plant species. We quantified the effects of juniper mastication on soil resource availability by comparing total C, total N, C : N ratio, Olsen extractable P, sulfate S, and pH using soil samples and inorganic N (NO₃^-+NH₄⁺) using ion exchange membranes. We compared resource availability in paired masticated and untreated areas in three juniper-dominated sagebrush and bunchgrass ecosystems in the Utah portion …

Long-Term Financial Burden Of Breast Cancer: Experiences Of A Diverse Cohort Of Survivors Identified Through Population-Based Registries, Reshma Jagsi, John A.E. Pottow, Kent A. Griffith, Cathy Bradley, Ann S. Hamilton, John Graff Rutgers University, Steven J. Katz, Sarah T. Hawley

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Purpose: To evaluate the financial experiences of a racially and ethnically diverse cohort of long-term breast cancer survivors (17% African American, 40% Latina) identified through population-based registries. Methods: Longitudinal study of women diagnosed with nonmetastatic breast cancer in 2005 to 2007 and reported to the SEER registries of metropolitan Los Angeles and Detroit. We surveyed 3,133 women approximately 9 months after diagnosis and 4 years later. Multivariable models evaluated correlates of self-reported decline in financial status attributed to breast cancer and of experiencing at least one type of privation (economically motivated treatment nonadherence and broader hardships related to medical expenses). …

Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams

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No abstract provided.

Financial Appraisal Of A Small Scale Wind Turbine With A Case Study In Ireland, Tony Kealy

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This research seeks to evaluate the economic benefits to be gained by installing a small-scale wind turbine for a customer with a three-phase electrical supply requirement. The evidence for the claims made in this paper is obtained by using actual data obtained from the installed equipment over a three year period. The objective is to accurately appraise the financial investment using real data. There appears to be limited studies conducted into this type of research, possibly because the renewable energy sector is in the infancy stage in the host country, Ireland. There are some wind energy installations with financial appraisal …