Digital Commons Network^™

The Illusory Right To Counsel, Eve Brensike Primus

Articles

Imagine a woman wrongly accused of murdering her fiance. She is arrested and charged with first-degree murder. If convicted, she faces a mandatory sentence of life without the possibility of parole. Her family scrapes together enough money to hire two attorneys to represent her at trial. There is no physical evidence connecting her to the murder, but the prosecution builds its case on circumstantial inferences. Her trial attorneys admit that they were so cocky and confident that she would be acquitted that they did not bother to investigate her case or file a single pre-trial motion. Rather, they waived the …

Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James

Articles

No abstract provided.

Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave

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No abstract provided.

Change-Agents: Beating Back The Dark Caste Of The Law Fred Gray Civil Rights Symposium Articles, Bryan K. Fair

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No abstract provided.

Effect Of Different Drying Temperatures On The Moisture And Phytochemical Constituents Of Edible Irish Brown Seaweed, Shilpi Gupta, Sabrina Cox, Nissreen Abu-Ghannam

Articles

The effect of different temperatures on the drying kinetics and the phytochemical constituents of edible Irish brown seaweed, Himanthalia elongata were studied. This kinetic study involved the modelling of the terms of Fick’s diffusion equation, for estimation of the diffusion coefficients. The diffusivity coefficient increased from 5.6×10−07-12.2×10−07 m2/s as the drying temperatures increased with an estimated activation energy of 37.2 kJ/mol. The experimental data was also fitted to different empirical kinetic models, Newton, Logarithmic and Henderson-Pabis, and the goodness of fit for the different models was evaluated. The effect of drying temperatures on the phytochemical constituents in seaweed was also …

Disentangling Administrative Searches, Eve Brensike Primus

Articles

Everyone who has been screened at an international border, scanned by an airport metal detector, or drug tested for public employment has been subjected to an administrative search. Since September 11th, the government has increasingly invoked the administrative search exception to justify more checkpoints, unprecedented subway searches, and extensive wiretaps. As science and technology advance, the frequency and scope of administrative searches will only expand. Formulating the boundaries and requirements of administrative search doctrine is therefore a matter of great importance. Yet the rules governing administrative searches are notoriously unclear. This Article seeks to refocus attention on administrative searches and …

The Unaffordable Health Care Act - A Reponse To Professors Bagley And Horwitz, Douglas A. Kahn, Jeffrey H. Kahn

Articles

The Patient Protection and Affordable Care Act of 2010 has stirred considerable controversy. In the public debate over the program, many of its proponents have defended it by focusing on what is sometimes called the “free-rider” problem. In a prior article, we contended that the free-rider problem has been greatly exaggerated and was not a significant factor in the congressional decision to adopt the Act. We maintained that the free-rider issue is a red herring advanced to trigger an emotional attraction to the Act and distract attention from the actual issues that favor and disfavor its adoption. In a recently …

Rethinking The Indefinite Detention Of Sex Offenders, Fredrick E. Vars

Articles

Thousands of sex offenders in the United States are being held indefinitely under civil commitment programs The analysis in this Article suggests that none or precious few belong there Specifically in a large dataset an instrument as good as the one most widely used by experts the "Static99" could not identify even one sex offender who met the legal standards for commitment Supplementing such instruments with additional information appears not to improve matters so the failure of the instrument is profoundly disturbingThere are three possible responses 1 improve instruments to meet existing standards 2 lower the standards and 3 abandon …

The Supreme Court And The Push For Transparency In Lower Court Appointments In Japan, Daniel H. Foote

Articles

The theme of this symposium issue is ―Decision Making on the Japanese Supreme Court.‖ From that title, readers understandably might assume the focus is squarely on decisions in judicial cases. Yet, as Lawrence Repeta observes in his Article for this issue, the Japanese Supreme Court bears responsibility for another major category of decision making: judicial administration.1 One vitally important aspect of judicial administration for which the Supreme Court bears primary responsibility is the selection of lower court judges, together with personnel management of judges (including decisions on promotions and transfers, which are a standard element of Japan’s career judiciary).2 The …

Fame Law: Requiring Proof Of National Fame In Trademark Law, Xuan-Thao Nguyen

Articles

The public has always been infatuated with fame. Trademark law likewise has a long history of infatuation with fame. Protecting the fame embodied in a trademark against dilutive use by others has not been easy. The difficulty stems from the wording of the statute and judicial failure to understand the “fame” requirement. The fundamental question centers on what level of fame is required for the property-like protection against subsequent uses that dilute the famous trademark. This Article argues for national fame to be the requisite requirement for property-like anti-dilution protection under trademark law. The Article recommends that the proof of …

The Lavender Letter: Applying The Law Of Adultery To Same-Sex Couples And Same-Sex Conduct, Peter Nicolas

Articles

In this Article, I explore the division in the courts over the question of whether same-sex sexual conduct constitutes adultery in four contexts: (1) criminal adultery prosecutions, (2) fault-based divorce actions, (3) civil tort actions for interference with the marital relationship, and (4) murder cases raising a provocation defense based on a spouse's act of adultery.

In so doing, I arrive at the following conclusions. First, as illustrated in Part I, there is a significant overlap between states that recognize same-sex marriage and states where adulterous conduct is legally relevant, making this more than an interesting theoretical exercise. Second, Part …

Tax Lawyers, Tax Defiance, And The Ethics Of Casual Conversation,, Michael Hatfield

Articles

This essay is to help tax lawyers decide how to handle casual conversations centered on denying, defying, or destroying the tax system. One option is to walk away, ending the conversation and silencing the dialogue. The next option is to engage. I want to persuade tax lawyers that they should usually engage in the conversation. I try to do this in Part III.

There are two kinds of legal ethics essays, and one must choose which kind to write, and it is useful to the reader to know upfront which kind the author chose to write. One kind begins with …

The Boundaries Of Privacy Harm, M. Ryan Calo

Articles

Just as a burn is an injury caused by heat, so is privacy harm a unique injury with specific boundaries and characteristics. This Essay describes privacy harm as falling into two related categories. The subjective category of privacy harm is the perception of unwanted observation. This category describes unwelcome mental states—anxiety, embarrassment, fear—that stem from the belief that one is being watched or monitored. Examples of subjective privacy harms include everything from a landlord eavesdropping on his tenants to generalized government surveillance.

The objective category of privacy harm is the unanticipated or coerced use of information concerning a person against …

Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan

Articles

Though unauthorized migration into the United States has diminished substantially since 2007, anti-“illegal alien” state and local laws and furor are flaring again. While one of the biggest worries regarding such “anti-alien” laws is the risk of racialized harm, courts invalidating overreaching statutes are relying on structural or procedural grounds, such as preemption and due process doctrines. [PARA] This Article examines how these political and legal trends point to how proxies are used in a post-racial era to dance around race, in constructive, national unity-rebuilding as well as divisive, inflammatory ways. Anti-alien legislation is a proxy way to vent resurgent …

The Aftermath Of Stanford V. Roche: Which Law Of Assignments Governs?, Sean M. O'Connor

Articles

The discovery and commercialization of biotechnology innovations often rely on collaborations between universities and for-profit firms. In the United States, the federal government funds much of university life sciences research and, under the Bayh-Dole Act, has some rights to research arising from that funding.

Two important strands of invention ownership issues in this web of collaboration arose under litigation that culminated in the recent United States Supreme Court decision Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc. (“Stanford v. Roche” or “Stanford”). The first is the question of whether Bayh-Dole …

Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers, Jr., Jason Derosa, Sarah Reyneveld

Articles

The Deepwater Horizon oil spill of April 20, 2010 initiated an environmental disaster that presented attorneys on both sides of the legal action with monumental challenges. Using the satirical format of a memo written by the corporate defense counsel to BP America four days after the spill began, this article investigates BP’s potential liability and strategic defense positions available in criminal and civil proceedings. Major federal environmental laws, including the Oil Pollution Act, the Clean Water Act and major wildlife protection statutes, are implicated by the Spill. The memo provides a clear picture of the existing opportunities for a responsible …

The Environmental Laws Of The 1970s: They Looked Good On Paper, William H. Rodgers, Jr.

Articles

This article looks at the "top ten" environmental laws enacted in the 1970s, including the Clean Air Act, the Endangered Species Act, the National Environmental Policy Act, and the Resource Conservation and Recovery Act. It asks: What were the pin-up qualities that made these laws look good on paper? What were the features sponsors bragged about or critics deplored? How were they understood and described at the time of legislative birth? What was thought to be new, different, and better?

We know some of these things about all of these laws. I’ll exercise editorial judgment and declare four common features …

Too Close To Home: Limiting The Organizations Subsidized By The Charitable Deduction To Those In Economic Need, Shannon Weeks Mccormack

Articles

The charitable deduction allows taxpayers to deduct amounts donated to organizations pursuing statutorily designated purposes from their otherwise taxable income. By lowering the after-tax cost of giving and encouraging taxpayers to donate more than they otherwise would, the charitable deduction subsidizes a broad variety of organizations. Some of these organizations provide widespread societal benefits, while others provide narrower benefits that remain closer to the taxpayer-donor’s home. To evaluate these current laws, this Article focuses on efficiency criteria, which limit subsidized organizations to those with donor support that does not cover the costs needed to optimally provide goods and services. Existing …

Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz

Articles

Intellectual property sits at the center of today’s global information economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who can make and implement intellectual property law - that is to say, the new leaders in intellectual property law. Indeed, the demand for intellectual property law-trained lawyers triggered a “big bang” in the creation of advanced intellectual property law programs at American law schools. The new leaders …

Common Law Same-Sex Marriage, Peter Nicolas

Articles

In this Essay, I demonstrate that, with the extension of the right to marry to same-sex couples in Iowa, the District of Columbia, and New Hampshire (all states that recognize common law marriage), there now exists the possibility that—for the first time in the United States—a same-sex couple may enter into a legally recognized common law marriage.

In the Essay, I first show, as a doctrinal matter, that same-sex couples have the right to enter into common law marriages in these three jurisdictions, and I explain and compare the criteria for entering into common law marriages in each of them. …

Application Of Principal Component And Hierarchical Cluster Analysis To Classify Different Spices Based On In-Vitro Antioxidant Activity And Individual Polyphenolic Antioxidant Compounds, Mohammad Hossain, Ankit Patras, Catherine Barry-Ryan, Ana Belen Martin-Diana, Nigel Brunton

Articles

This study investigated the variations in antioxidant profiles between spices using pattern recognition tools; classification was achieved based on the results of global antioxidant activity assays (2,2-diphenyl-1-picrylhydrazyl [DPPH], oxygen radical absorbance capacity [ORAC], ferric reducing antioxidant power [FRAP], microsomal lipid peroxidation [MLP] and 2,2′-azinobis(3-ethylbenzothiazoline-6-sulfonic acid) [ABTS]), levels of different polyphenolic compounds (gallic acid [GA], carnosol [CAR], carnosic acid [CRA], caffeic acid [CA], rosmarinic acid [RA], luteolin-7-O-glucoside [LOG], apigenin-7-O-glucoside [APOG] and total phenols [TP]) of spices namely rosemary, oregano, marjoram, sage, basil, thyme, fennel, celery, cumin and parsley, commonly consumed in Ireland were analyzed. Rosemary showed the highest antioxidant activity measured …

Lead Identification Of Β-Lactam And Related Imine Inhibitors Of The Molecular Caperone Heat Shock Protein 90, Niamh O'Boyle, Andrew Js Knox, Trevor P. Price, D. Clive Williams, Daniela M. Zisterer, David G. Lloyd, Mary J. Meegan

Articles

Heat shock protein 90 is an emerging target for oncology therapeutics. Inhibitors of this molecular chaperone, which is responsible for the maintenance of a number of oncogenic proteins, have shown promise in clinical trials and represent a new and exciting area in the treatment of cancer. Heat shock protein 90 inhibitors have huge structural diversity, and here we present the identification of inhibitors based on β-lactam and imine templates. β-Lactam 5 and imines 12 and 18 exhibit binding to heat shock protein 90-α with IC₅₀ values of 5.6 μM, 14.5 μM and 22.1 μM respectively. The binding affinity displayed …

Synthesis, Biochemical And Molecular Modelling Studies Of Antiproliferative Azetidinones Causing Microtubule Disruption And Mitotic Catastrophe, Niamh O'Boyle, Miriam Carr, Lisa M. Greene, Niall O. Keely, Andrew Js Knox, Thomas Mccabe, David G. Lloyd, Daniela M. Zisterer, Mary J. Meegan

Articles

The structure-activity relationships of antiproliferative β-lactams, focusing on modifications at the 4-position of the β-lactam ring, is described. Synthesis of this series of compounds was achieved utilizing the Staudinger and Reformatsky reactions. The antiproliferative activity was assessed in MCF-7 cells, where the 4-(4-ethoxy)phenyl substituted compound 26 displayed the most potent activity with an IC₅₀ value of 0.22 μM. The mechanism of action was demonstrated to be by inhibition of tubulin. Cell exposure to combretastatin A-4 and 26 led to arrest of MCF-7 cells in the G2/M phase of the cell cycle and induction of apoptosis. Additionally, mitotic catastrophe for …

Structural Obstacles To Settlement Of Land Use Disputes, Stewart E. Sterk

Articles

In many states, legal doctrine discourages settlement of land use litigation by requiring that any settlement undergo the same review process as the decision that led to the litigation in the first place. The problem is exacerbated by broad standing rules that allow a variety of parties to challenge the settlement. As a result, municipalities and developers often have an incentive to litigate to judgment, even though both parties would prefer a negotiated or mediated solution.

On the other hand, permitting developers and municipalities to settle litigation behind closed doors could impair both the quality and the legitimacy of the …

Expression By Ordinance: Preemption And Proxy In Local Legislation, Lindsay Nash

Articles

Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This paper examines the hitherto-unstudied correlation between ordinances explicitly related to immigrants and legislation regarding nuisance–as illuminated through primary research into municipal legislation across the nation. Evaluating these laws and the context of their enactment, this research shows when and how nuisance laws target certain populations. Ultimately, this inquiry reveals troubling parallels to previous community responses to disfavored subgroups and the harm resulting from proxy legislation.

Rast Model: Simulation Of Tensiotraces To Facilitate Drophad Engineering, Philippe Pringuet, Norman Mcmillan, G. Doyle, Stephen Smith, M. O'Neill, Sebastian Riedel

Articles

Tensiography is a technique that determines the physical and chemical properties of a liquid by illuminating a growing pendant drop from within using a source fibre. Light reflected internally at the surface of the drop is recieved by a collector fibre and is converted into an electric signal called a tensiotrace, which is a graph of reflected light as a function of drop volume. The instrument obtaining this signal is called multianalyser. A numerical model that simulates tensiotraces through a raytracing analysis (RAST - Raytracing Analysis for the Simulation of Tensiotraces) of the multianalyser as been developed to define theoretically …

Developing A Nutrition Assessment Tool For Irish Pre-Schools, Charlotte Johnston Molloy, Clare Corish, John Kearney, Noirin Hayes, Corina Glennon Slattery

Articles

Purpose The provision of nutritious food to children in full day care pre-schools is essential to ensure adequate child growth and development. This paper outlines the development of a nutrition assessment tool (Scored Evaluation Form) for this setting, and describes the nutrition practice findings measured by this tool in full day child care in Ireland. Design / methodology / approach This study involved two phases: a comprehensive literature review carried out on each criterion in the Scored Evaluation Form (SEF) to ensure best practice; use of the SEF in full day care pre-schools to assess their nutrition practice. Findings Use …

An Investigation Of The Subtype Diversity Of Clinical Isolates Of Irish Clostridium Difficile Ribotypes 027 And 078 By Repetitive-Extragenic Palindromic Pcr, Denise Drudy, K. Solomon, S. Murray, L. Scott, S. Mcdermott,, A. Martin, C. O’Donoghue, M. Skally, K. Burns, L. Fenelon, F. Fitzpatrick,, L. Kyne, S. Fanning

Articles

A repetitive-extragenic palindromic PCR (rep-PCR) subtyping method (DiversiLab) in conjunction with ribotyping, toxinotyping and antimicrobial-susceptibility testing was used to detect subtypes within Clostridium difficile ribotypes 027 and 078. Clinical isolates of ribotypes 027 (toxinotype III) (n530) and 078 (toxinotype V) (n523) were provided by health-care facilities across the Republic of Ireland over 2 months in 2006 and 1 month in 2009. Ribotype 027 isolates were significantly more related to each other (9 different subtype profiles) when compared to ribotype 078 isolates (14 different profiles) (P50.001; cut-off .90 % similarity). Almost half of ribotype 078 isolates (45.5 %) showed no relationship …

Cardiac Output Is Not Related To The Slowed O2 Uptake Kinetics In Type 2 Diabetes, Oscar Mac Ananey, J Malone, S Warmington, D O'Shea, S Green, M Egana

Articles

Abstract

PURPOSE:

This study aimed to investigate whether cardiac output (CO) responses were related to VO2 kinetics during cycling in type 2 diabetes.

METHODS:

A total of 9 middle-aged women with uncomplicated type 2 diabetes, 9 nondiabetic overweight women, and 11 nondiabetic lean women were recruited. Initially, the ventilatory threshold (VT) and peak VO2 were determined during a maximal graded test. Then, on two separate days, subjects completed three 7-min bouts of constant-load cycling at each of three intensities: 50% VT, 80% VT, and midpoint between VT and peak VO2 (50% Δ). CO (inert gas rebreathing) was recorded at 30 …

Psychophysical Impact And Optical And Morphological Characteristics Of Symptomatic Non-Advanced Cataract., S. Charalampidou, J. Nolan, James Loughman, J. Stack, Lorraine Cassidy, S. Beatty

Articles

Purpose To investigate whether
/="/">psychophysical, morphological, and/or optical
/="/">characteristics of symptomatic non-advanced
/="/">cataract are complementary to, or more
/="/">appropriate than, visual acuity (VA) for the
/="/">purposes of recording visual data that reflect
/="/">subjective visual difficulty in patients with
/="/">cataract that exhibit relative sparing of high
/="/">contrast acuity (0.4 logarithm of minimal angle
/="/">of resolution (logMAR) scale or better).