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Beyond The Orthodoxy Of Rule Of Law And Justice Sector Reform: A Framework For Legal Empowerment And Innovation Through The Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Deepti Samant Raja, Peter Blanck Jan 2013

Beyond The Orthodoxy Of Rule Of Law And Justice Sector Reform: A Framework For Legal Empowerment And Innovation Through The Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Deepti Samant Raja, Peter Blanck

Articles

No abstract provided.


Atmospheric Cold Plasma Inactivation Of Escherichia Coli In Liquid Media Inside A Sealed Package, Dana Ziuzina, Sonal Patil, Paula Bourke, Kevin Keener, Patrick J. Cullen Jan 2013

Atmospheric Cold Plasma Inactivation Of Escherichia Coli In Liquid Media Inside A Sealed Package, Dana Ziuzina, Sonal Patil, Paula Bourke, Kevin Keener, Patrick J. Cullen

Articles

Abstract Aims: The main objective of this study was to determine the inactivation efficacy of dielectric barrier discharge atmospheric cold plasma (DBD-ACP) generated inside a sealed package for Escherichia coli ATCC 25922. Methods and Results: A plasma discharge was generated between two circular aluminium electrodes at 40 kV. E. coli suspensions (10^7 CFU/ml) in either maximum recovery diluent (MRD) or phosphate buffered saline (PBS) were treated in a 96-well microtitre plate inside a sealed package. The effects of treatment time, post-treatment storage time, either direct or indirect samples exposure to the plasma discharge and suspension media were studied. Regardless of …


Does Living By The Sword Mean Dying By The Sword, Charles Chernor Jalloh Jan 2013

Does Living By The Sword Mean Dying By The Sword, Charles Chernor Jalloh

Articles

This article examines the right to self-representation in international criminal law, and the common challenges posed for judges effectuating that right in international criminal courts. Using a comparative law approach, the paper demonstrates how the interpretation of that right initially borrowed heavily from U.S. common law and later European civil law to address the problems caused by self-representing, disruptive, and uncooperative defendants. Although the right to self-representation is a Sixth Amendment right in U.S. law, and an equally fundamental one in international law, the author contends that this right seems better in theory than in practice. Indeed, since no self-representing …


From Global Financial Crisis To Sovereign Debt Crisis And Beyond: What Lies Ahead For The European Monetary Union?, Caroline Bradley Jan 2013

From Global Financial Crisis To Sovereign Debt Crisis And Beyond: What Lies Ahead For The European Monetary Union?, Caroline Bradley

Articles

No abstract provided.


Novel Cis-Restricted Β-Lactam Combretastatin A-4 Analogues Display Anti-Vascular And Anti-Metastatic Properties In Vitro, Seema M. Nathwani, Lisa M. Greene, Linda Hughes, Miriam Carr, Niamh O'Boyle, Susan Mcdonnell, Mary J. Meegan, Daniela M. Zisterer Jan 2013

Novel Cis-Restricted Β-Lactam Combretastatin A-4 Analogues Display Anti-Vascular And Anti-Metastatic Properties In Vitro, Seema M. Nathwani, Lisa M. Greene, Linda Hughes, Miriam Carr, Niamh O'Boyle, Susan Mcdonnell, Mary J. Meegan, Daniela M. Zisterer

Articles

No abstract provided.


Finding The Proper Measure For Conditions Of Pretrial Confinement, Alexander A. Reinert Jan 2013

Finding The Proper Measure For Conditions Of Pretrial Confinement, Alexander A. Reinert

Articles

Comment in response to Catherine T. Struve, The Conditions of Pretrial Detention, 161 U. Pa. L. Rev. 1009 (2013).


Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur Jan 2013

Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Articles

No abstract provided.


The Bio-Nano-Interface In Predicting Nanoparticle Fate And Behaviour In Living Organisms: Towards Grouping And Categorising Nanomaterials And Ensuring Nanosafety By Design, Hugh Byrne, Arti Ahluwalia, Diana Boraschi,, Bengt Fadeel, Peter Gehr, Arno C. Gutleb, Michaela Kendall, Manthos Papadopoulos, Iseult Lynch Jan 2013

The Bio-Nano-Interface In Predicting Nanoparticle Fate And Behaviour In Living Organisms: Towards Grouping And Categorising Nanomaterials And Ensuring Nanosafety By Design, Hugh Byrne, Arti Ahluwalia, Diana Boraschi,, Bengt Fadeel, Peter Gehr, Arno C. Gutleb, Michaela Kendall, Manthos Papadopoulos, Iseult Lynch

Articles

In biological media, nanoparticles acquire a coating of biomolecules (proteins, lipids, polysaccharides) from their surroundings, which reduces their surface energy and confers a biological identity to the particles. This adsorbed layer is the interface between the nanomaterial and living systems and therefore plays a significant role in determining the fate and behaviour of the nanoparticles. This review summarises the state of the art in terms of understanding the bio-nano interface and provides direction for potential future research directions and some recommendations for future priorities and strategies to support the safe implementation of nanotechnologies. The central premise is that nanomaterials must …


Optimal Asylum, Shalini Ray Jan 2013

Optimal Asylum, Shalini Ray

Articles

The U.S. asylum system is noble but flawed. Scholars have long recognized that asylum is a “scarce” political resource, but U.S. law persists in distributing access to asylum based on an asylum seeker’s ability to circumvent migration controls rather than the strength of the asylum seeker’s claim for protection. To apply for asylum, an asylum seeker must either arrange to be smuggled into the United States or lie to the consulate while abroad to obtain a nonimmigrant visa. Nonimmigrant visa requirements effectively filter the pool of asylum applicants according to wealth, educational attainment, and intent not to remain in the …


Further Standing Lessons, Heather Elliott Jan 2013

Further Standing Lessons, Heather Elliott

Articles

The Article III standing doctrine "” with its three requirements of injury in fact causation and redressability "” is often criticized as a restriction that prevents liberal but not conservative plaintiffs from proceeding in the federal courts As I have recently shown however 87 IND LJ 551 2012 standing doctrine has increasingly been an issue in many cases involving conservative litigants in challenges to the landmark federal healthcare law and to conservative appellants defending the federal Defense of Marriage Act and California's constitutional ban on marriage between samesex couples We now have Supreme Court decisions in those cases and the …


Do The Mentally Ill Have A Right To Bear Arms, Fredrick E. Vars, Amanda Adcock Young Jan 2013

Do The Mentally Ill Have A Right To Bear Arms, Fredrick E. Vars, Amanda Adcock Young

Articles

No abstract provided.


Symptom-Based Gun Control Symposium Article, Fredrick E. Vars Jan 2013

Symptom-Based Gun Control Symposium Article, Fredrick E. Vars

Articles

No abstract provided.


When God Spikes Your Drink: Guilty Without Mens Rea, Fredrick E. Vars Jan 2013

When God Spikes Your Drink: Guilty Without Mens Rea, Fredrick E. Vars

Articles

No abstract provided.


More Vitiating Paradoxes: A Response To Steven D. Smith - And Smith A Discussion Of Religious Freedom In America, Paul Horwitz Jan 2013

More Vitiating Paradoxes: A Response To Steven D. Smith - And Smith A Discussion Of Religious Freedom In America, Paul Horwitz

Articles

No abstract provided.


The Polysemy Of Privacy, Ronald J. Krotoszynski Jr. Jan 2013

The Polysemy Of Privacy, Ronald J. Krotoszynski Jr.

Articles

"The Polysemy of Privacy" considers the highly protean nature of the concept of "privacy" which extends to myriad disparate legal interests including nondisclosure generalized autonomy interests and even human dignity For a concept of such central importance to many systems of protecting fundamental rights its precise contours are surprisingly illdefined This lack of determinate meaning is not limited to the concept of "privacy" in the United States virtually all legal systems that utilize "privacy" or its first cousin "dignity" have experienced difficulty reducing the concept into specific carefully delineated legal interests In some respects privacy means everything "“ and nothing …


Still Standing In The Schoolhouse Door: Deconstructing Brown's Bias And Reconstructing Its Remedy, Bryan K. Fair Jan 2013

Still Standing In The Schoolhouse Door: Deconstructing Brown's Bias And Reconstructing Its Remedy, Bryan K. Fair

Articles

No abstract provided.


To Say What The Law Is: Rules, Results, And The Dangers Of Inferential Stare Decisis, Adam N. Steinman Jan 2013

To Say What The Law Is: Rules, Results, And The Dangers Of Inferential Stare Decisis, Adam N. Steinman

Articles

Does stare decisis require future courts to follow the rules stated in a precedentsetting opinion Or must future courts merely reconcile their decisions with the ultimate result of the precedentsetting case It is widely assumed that a rulebased approach puts greater constraints on future courts but two recent Supreme Court decisions "“ WalMart Stores Inc v Dukes and Ashcroft v Iqbal "“ turn this conventional wisdom on its head In both cases what the Court said about the governing rules was not inherently controversial and would leave courts with considerable flexibility going forward But what the Court did in applying …


Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, Jean Stefancic Jan 2013

Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, Jean Stefancic

Articles

No abstract provided.


Success And Backlash: The Remarkable (Continuing) Story Of The Clean Water Act, William L. Andreen Jan 2013

Success And Backlash: The Remarkable (Continuing) Story Of The Clean Water Act, William L. Andreen

Articles

The Clean Water Act has produced a tremendous amount of progress over the past forty years Both municipal and industrial discharges have declined sharply the loss of wetlands has been cut decisively and water quality has broadly improved Much more work however remains to be done Not surprisingly given the limits of human forethought and political capacity the original statutory design was not perfect Furthermore the statutes implementation has not been perfect due in large part to often straitened budgets instances of bureaucratic timidity and lethargy and the hostility that some administrations and some Congresses have exhibited towards strong environmental …


Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo Jan 2013

Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo

Articles

On the first day of class, I tell my Disability Law students that my objective is simple-I want to change the way they see the world. Teaching, writing, and working in disability rights has done that for me, and I want to continue to share that experience with my students. Integrating film into the classroom is one way to invite that change. When used properly, film can enhance coverage and discussion of substantive legal concepts and important policy issues surrounding employment of people with disabilities. That result is especially important to my objective, because employment and other issues critical to …


Child Welfare Cases Involving Parents With Disabilities, Joshua Kay Jan 2013

Child Welfare Cases Involving Parents With Disabilities, Joshua Kay

Articles

Many families include at least one parent with a disability. These parents become involved in the child welfare system more frequently than nondisabled parents, and their child protection cases are more likely to end in termination of parental rights. Parents with cognitive and/or psychiatric disabilities are particularly at risk of child welfare involvement. Cases involving parents with disabilities present special challenges and opportunities in child protection litigation, and strong advocacy is needed to ensure that these parents’ needs are met by the child welfare system and their rights are fully protected. With appropriate services, many parents with disabilities can provide …


Appraisal Theory: Old And New Questions, Phoebe C. Ellsworth Jan 2013

Appraisal Theory: Old And New Questions, Phoebe C. Ellsworth

Articles

I describe my current thinking on two old questions—the causal role of appraisals and the relationship of appraisal theories to basic emotions theories and constructivist theories, and three (sort of) new questions—the completeness of appraisals, the role of language, and the development of automaticity in emotional responses.


The Anti-Leveraging Principle And The Spending Clause After Nfib, Samuel R. Bagenstos Jan 2013

The Anti-Leveraging Principle And The Spending Clause After Nfib, Samuel R. Bagenstos

Articles

This Article offers an initial assessment of the Supreme Court’s Spending Clause holding in National Federation of Independent Business v. Sebelius (NFIB), which addressed the constitutional challenge to the Affordable Care Act. As Justice Ginsburg pointed out, NFIB marks “the first time ever” that the Court has held that a spending condition unconstitutionally coerced the states. The implications of that holding are potentially massive, and some of the language in the decision, if read broadly, would seriously threaten the constitutionality of a broad swath of federal spending legislation. Notwithstanding some of the Court’s language, this Article contends that the case …


Globalizing Social Finance: How Social Impact Bonds And Social Impact Performance Guarantees Can Scale Development, Deborah Burand Jan 2013

Globalizing Social Finance: How Social Impact Bonds And Social Impact Performance Guarantees Can Scale Development, Deborah Burand

Articles

While the SIB structure is still in its infancy, there is momentum building to globalize this social finance innovation so that it can help scale development goals around the world. Taking the SIB global is not a simple matter, however. This article explores several of the more challenging issues that are likely to arise in applying a SIB or elements of the SIB structure to social problems and development goals in developing countries. The article begins with a summary review of the goals and structures used in the two earliest SIBs. It then discusses key challenges and opportunities that SIBs …


Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie Jan 2013

Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie

Articles

No abstract provided.


The President's Enforcement Power, Kate Andrias Jan 2013

The President's Enforcement Power, Kate Andrias

Articles

Enforcement of law is at the core of the President’s constitutional duty to “take Care” that the laws are faithfully executed, and it is a primary mechanism for effecting national regulatory policy. Yet questions about how presidents oversee agency enforcement activity have received surprisingly little scholarly attention. This Article provides a positive account of the President’s role in administrative enforcement, explores why presidential enforcement has taken the shape it has, and examines the bounds of the President’s enforcement power. It demonstrates that presidential involvement in agency enforcement, though extensive, has been ad hoc, crisis-driven, and frequently opaque. The Article thus …


Unbundling Constitutionality, Richard A. Primus Jan 2013

Unbundling Constitutionality, Richard A. Primus

Articles

Constitutional theory features a persistent controversy over the source or sources of constitutional status, that is, over the criteria that qualify some rules as constitutional rules. This Article contends that no single criterion characterizes all of the rules that American law treats as constitutional, such that it is a mistake to think of constitutionality as a status with necessary conditions. It is better to think of constitutionality on a bundle-of-sticks model: different attributes associated with constitutionality might or might not be present in any constitutional rule. Analysts should often direct their attention more to the separate substantive properties that are …


Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann Jan 2013

Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann

Articles

On April 5, 2010, a massive explosion killed twenty-nine miners at Massey Energy's Upper Big Branch mine near Montcoal, West Virginia. Following the explosion, President Barack Obama vowed that the U.S. Department of Labor would conduct "the most thorough and comprehensive investigation possible" and work with the U.S. Department of Justice ("Justice Department" or the "Department") to address any criminal violations. Later in the month, the President and Vice President flew to West Virginia to eulogize the victims and comfort their families. It was the nation's worst coal mining disaster in forty years. The tragic loss of life at the …


Taxing The Platypygous, James J. White Jan 2013

Taxing The Platypygous, James J. White

Articles

This Article maintains that obesity in the United States is an enormous public health issue that causes the health care costs of the obese Americans greatly to exceed those of citizens of normal weight. Recognizing that that much of that cost will be born by publicly financed programs and that the taxes supporting those programs will constitute an externality that the fat impose on the thin, the Article proposes a tax on high calorie food-but only when that food is purchased by the obese. The Article addresses many of the administrative, moral and other objections to a tax aimed at …


Corporate And International Tax Reform: Proposals For The Second Obama Administration (And Beyond), Reuven S. Avi-Yonah Jan 2013

Corporate And International Tax Reform: Proposals For The Second Obama Administration (And Beyond), Reuven S. Avi-Yonah

Articles

The passage of the American Taxpayer Relief Act of 2012 (ATRA) offers an opportune moment to consider proposals for corporate and international tax reform. With the debate over individual tax rates for the income and estate tax settled for the present, the President and Congress are free to consider broader reforms. Few observers doubt that such reforms are sorely needed, for several reasons. First, the long-term budgetary outlook is unsustainable. Second, the U.S. corporate tax rate is the highest in the Organisation for Economic Co-Operation and Development (OECD). Third, the current system raises relatively little revenue and large amounts of …