Digital Commons Network^™

Reconsidering The Taxation Of Foreign Income, James R. Hines Jr.

Articles

The purpose of this Article is to analyze the consequences of taxing active foreign business income,1 and in particular, to compare a regime in which a home country taxes foreign income to a regime in which it does not. In practice, countries typically do not adopt such extreme policy positions. For example, a country such as France, which largely exempts foreign business income from taxation, nevertheless taxes small pieces of foreign income;2 and a country such as the United States, which attempts to tax the foreign incomes of U.S. corporations, permits taxpayers to defer home country taxation in some circumstances, …

Judicial Oversight Over The Interstate Placement Of Foster Children: The Missing Element In Current Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

This article argues that current efforts to reform the Compact are flawed because they lack an essential element: judicial oversight of agency decision-making. The first section explores the important role that juvenile court judges play in making placement decisions for foster children. Next, an examination of the current problems in the interstate placement process demonstrates the vital need for judicial oversight of the system. Finally, a specific proposal is put forth on how best to incorporate judicial oversight without interfering with the sovereignty of states.

Working Sick: Lessons Of Chronic Illness For Health Care Reform, Elizabeth Pendo

Articles

Although chronic illness is generally associated with the elderly or disabled, chronic conditions are widespread among working-age adults and pose significant challenges for employer-based health care plans. Indeed, a recent study found that the number of working-age adults with a major chronic condition has grown by 25% over the past ten years, to a total of nearly 58 million in 2006. Chronic illness imposes significant costs on workers, employers, and the overall economy. This population accounts for three-quarters of all health care expenditures in the United States, 3 and a Milken Institute study recently estimated that lost workdays and lower …

Translating Unocal: The Expanding Web Of Liability For Business Entities Implicated In International Crimes, Anita Ramasastry, Robert C. Thompson, Mark B. Taylor

Articles

The Ninth Circuit ruled that a corporation could be held liable under the federal Alien Tort Claims Act for its complicity in a violation of international criminal law occurring outside the U.S. (Doe I v. Unocal Corp., 395 F.3d 932 (9th Cir. 2002)). Since then, litigants have filed increasing numbers of such cases. These cases raise two questions: (1) Is the United States the only country that provides judicial accountability for business entities involved in international crimes abroad? and (2) How are other countries "translating" the basic kinds of accountability that Unocal recognized into their own legal systems? This Article …

Candor After Kadlec: Why, Despite The Fifth Circuit's Decision, Hospitals Should Anticipate An Expanded Obligation To Disclose Risky Physician Behavior, Sallie Thieme Sanford [email protected]

Articles

An anesthesiologist admitted to having been drug-impaired during a tubal ligation that left the patient with massive, incapacitating brain damage. In granting the anesthesiologist privileges, one of the items Kadlec Medical Center had relied upon was a short credentialing letter from Lakeview Regional Medical Center. That letter stated simply that the doctor had held anesthesia privileges there for several years; it did not disclose concerns about on-duty drug use, or that he could not exercise his privileges after having been terminated from his practice group for "put[ting] our patients at significant risk" by "report[ing] to work in an impaired physical, …

A Black Robe And Healing Words: Constants In A Changing World, Sallie Thieme Sanford [email protected]

Articles

This narrative article describes a bedside hospital hearing to compel surgery, notes the applicable legal standards, and considers the potential impact of the judge in this type of proceeding. The patient, whose back was badly burned, adamantly and vocally refused skin graft surgery. Her physicians believed she lacked decisional capacity; that belief was borne out during the hearing at which the judge did enter an order for surgery. The judge’s handling of the hearing was central to the patient’s expressed agreement with the decision and subsequent successful treatment.

A Local Government By Any Other Name, In Proceedings Of The Washington State Association Of Municipal Attorneys, Hugh D. Spitzer

Articles

This paper reviews the categories that Washington legislators and the Washington State Supreme Court have used to classify and describe local government units. It then describes how the large array of classifications—and the lack of consistent interpretation and use of those labels—leads to confusion and unnecessary litigation. After presenting several case studies of the effects of confusing definitions, the paper suggests that legislation reducing the number of terms classifying local governments would benefit lawyers, judges, local government and the general public. It specifically recommends that "municipal corporation" become the standard category for almost all local governments, and that "governmental body" …

Green From Above: Climate Change, New Developmental Strategy, And Regulatory Choice In China, Dongsheng Zang

Articles

This essay discusses a developmental strategy formulated in China between 2004 and 2007, with a strong emphasis on energy efficiency in response to growing pressure from global concerns of climate change. It tries to show how a top-down regulatory structure was reinforced in the process.

The Anabaptist Conscience And Religious Exemption To Jury Service, Michael Hatfield

Articles

While the concern over religiously devout Americans who wish to serve on juries is a serious one, a potential juror dismissed from service over his or her religiosity suffers a real but relatively abstract damage. The punishment is being sent home when they want to stay.

This Article examines a different issue with more severe consequences: religiously devout citizens who risk being jailed for refusing to serve on a jury. Rather than asking whether Jesus could serve on a jury, this Article addresses whether we should force Jesus to serve if he said God told him not to. More specifically, …

A Precautionary Tale: Assessing Ecological Damages After The Exxon Valdez Oil Spill, Sanne Knudsen

Articles

To address the shortcomings of our existing damages paradigm--exemplified by the response to the Exxon Valdez oil spill in Prince William Sound--this article suggests that we invoke the burden-shifting attributes of the precautionary principle to transfer the risk of long-term, unknown ecological harm to those who have caused the injury. Through such a risk transfer, this article posits that true costs of ecological injury would more properly be borne by actors capable of altering their behavior to avoid such injury in the first place. In addition, this article suggests offering defendants two options for incurring damages for ecological injuries--either accepting …

Proposing A Place For Politics In Arbitrary And Capricious Review, Kathryn A. Watts

Articles

Current conceptions of “arbitrary and capricious” review focus on whether agencies have adequately explained their decisions in statutory, factual, scientific, or otherwise technocratic terms. Courts, agencies, and scholars alike, accordingly, generally have accepted the notion that influences from political actors, including the President and Congress, cannot properly help to explain administrative action for purposes of arbitrary and capricious review. This means that agencies today tend to sweep political influences under the rug even when such influences offer the most rational explanation for the action.

This Article argues that this picture should change. Specifically, this Article argues for expanding current conceptions …

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

Articles

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime.

There is less agreement, however, in how …

A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane K. Winn, Nicolas Jondet

Articles

In 2007, France created the Regulatory Authority for Technical Measures (lAutoritj de Rdgulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded "technical protection measures" (TPM), also known as "digital rights management" technologies (DRM). ARMT was established in part to rectify what French lawmakers perceived as an imbalance in the rights of copyright owners and end users created when the European Copyright Directive (EUCD) was transposed into French law as the "Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information" (DADVSI).

ARMT is both …

Are "Better" Security Breach Notification Laws Possible?, Jane K. Winn

Articles

This Article will evaluate the provisions of California's pioneering security breach notification law (SBNL) in light of "better regulation" or "smart regulation" criteria in order to highlight the costs of taking a narrowly focused, piecemeal approach and the benefits of taking a more comprehensive perspective to the problems of identity theft and information security. Just as the basic structure of SBNLs was borrowed from environmental law, this Article will borrow from decades of analysis of the impact of environmental regulation to evaluate the likely impact of SBNLs.

Just as environmental laws can be used to reduce externalities created through the …

Globalization And Standards: The Logic Of Two-Level Game, Jane K. Winn

Articles

The emergence of a global information architecture has fueled regulatory competition among nations and regions to set information and communication technology (“ICT”) standards. Such regulatory competition can be thought of as a two level game: level one is competition to set ICT standards within a nation or region; level two is competition to set the global ICT standards with reference to local standards.

The United States and the European Union are global leaders in setting ICT standards, and compete to set global ICT standards based on different local regulatory cultures: the U.S. is a “liberal market economy” (“LME”) within which …

Titanium Dioxide Nanoparticles Induce Oxidative Stress And Dna-Adduct Formation But Not Dna-Breakage In Human Lung Cells, Kunal Bhattacharya, Maria Davoren, Jens Boertz, Roel P.F. Schins, Eik Hoffmann, Elke Dopp

Articles

Titanium dioxide (TiO2), also known as titanium (IV) oxide or anatase, is the naturally occurring oxide of titanium. It is also one of the most commercially used form. To date, no parameter has been set for the average ambient air concentration of TiO2 nanoparticles (NP) by any regulatory agency. Previously conducted studies had established these nanoparticles to be mainly non-cyto- and -genotoxic, although they had been found to generate free radicals both acellularly (specially through photocatalytic activity) and intracellularly. The present study determines the role of TiO2-NP (anatase, ∅ < 100 nm) using several parameters such as cyto- and genotoxicity, DNA-adduct formation and generation of free radicals following its uptake by human lung cells in vitro. For comparison, iron containing nanoparticles (hematite, Fe2O3, ∅ < 100 nm) were used. The results of this study showed that both types of NP were located in the cytosol near the nucleus. No particles were found inside the nucleus, in mitochondria or ribosomes. Human lung fibroblasts (IMR-90) were more sensitive regarding cyto- and genotoxic effects caused by the NP than human bronchial epithelial cells (BEAS-2B). In contrast to hematite NP, TiO2-NP did not induce DNA-breakage measured by the Comet-assay in both cell types. Generation of reactive oxygen species (ROS) was measured acellularly (without any photocatalytic activity) as well as intracellularly for both types of particles, however, the iron-containing NP needed special reducing conditions before pronounced radical generation. A high level of DNA adduct formation (8-OHdG) was observed in IMR-90 cells exposed to TiO2-NP, but not in cells exposed to hematite NP. Our study demonstrates different modes of action for TiO2- and Fe2O3-NP. Whereas TiO2-NP were able to generate elevated amounts of free radicals, which induced indirect genotoxicity mainly by DNA-adduct formation, Fe2O3-NP were clastogenic (induction of DNA-breakage) and required reducing conditions for radical formation.

Relating Fractal Dimension To Branching Behaviour In Filamentous Microorganisms, David Barry, Onwuarolu Ifeyinwa, Shauna Mcgee, Raymond Ryan, Gwilym Williams, Jonathan Blackledge

Articles

The productivity of an industrial fermentation process involving a filamentous microbe is heavily dependent on the morphological form adopted by the organism. The development of systems capable of rapidly and accurately characterising morphology within a given process represents a significant challenge to biotechnologists, as the complex phenotypes that are manifested are often not easily quantified. Conventional parameters employed in these analyses are of limited value, as they reveal little about the specific branching behaviour of the organism, which is an important consideration given the demonstrated link between branching frequency and metabolite production. More recently, fractal geometry has been employed in …

Worst Case And The Worst Example: An Agenda For Any Young Lawyer Who Wants To Save The World From Climate Chaos, William H. Rodgers, Jr., Anna T. Moritz

Articles

Wherever you turn with regard to climate change, you'll hear about the worst, and the worst of the worst, and the worst that will happen after that. Young lawyers should put themselves in the right frame of mind to tackle all these "worsts" that are headed our way.

In the interest of keeping it simple, we would suggest a personal strategy for every young lawyer that would entail: (I) Honoring Knowledge and Learning; (II) Protecting Your Institutions and Loving Your Country; (III) Planning and Conducting Your Personal War on Bad Law; and (IV) Rejecting Defeatism and Impossibility Theorems.

Let's consider …

Antimicrobial Activity Of Plant Essential Oils Using Food Model Media: Efficacy, Synergistic Potential And Interaction With Food Components, Jorge Gutierrez, Catherine Barry-Ryan, Paula Bourke

Articles

The aim of this study was to optimise the antimicrobial efficacy of plant essential oils (EOs) for control of Listeria spp. and spoilage bacteria using food model media based on lettuce, meat and milk. The EOs evaluated were lemon balm, marjoram, oregano and thyme and their minimum inhibitory concentrations (MIC) were determined against Enterobacter spp., Listeria spp., Lactobacillus spp., and Pseudomonas spp. using the agar dilution method and/or the absorbance based microplate assay. MICs were significantly lower in lettuce and beef media than in TSB. Listeria strains were more sensitive than spoilage bacteria, and oregano and thyme were the most …

Dispersion Medium Modulates Oxidative Stress Response Of Human Lung Epithelial Cells Upon Exposure To Carbon Nanomaterial Samples, Eva Herzog, Hugh Byrne, Maria Davoren, Alan Casey, Albert Duschl, Gertie Janneke Oostingh

Articles

Due to their large specific surface area, the potential of nanoparticles to be highly reactive and to induce oxidative stress is particularly high. In addition, some types of nanoparticles contain transition metals as trace impurities which are known to generate reactive oxygen species (ROS) in biological systems. This study investigates the potential of two types of single-walled carbon nanotube samples, nanoparticulate carbon black and crocidolite asbestos to induce ROS in lung epithelial cells in vitro. Carbon nanotube and carbon black samples were used as produced, without further purification or processing, in order to best mimic occupational exposure by inhalation of …

Raman Spectroscopy: A Potential Platform For The Rapid Measurement Of Carbon Nanotube-Induced Cytotoxicity, Peter Knief, Colin Clarke, Eva Herzog, Maria Davoren, Fiona Lyng, Aidan Meade, Hugh Byrne

Articles

In this study the suitability of Raman spectroscopy for the determination of carbon nanotube mediated toxicity on human alveolar carcinoma epithelial cells (A549) is explored. The exposure of this cell line represents the primary pathway of exposure in humans, that of inhalation. Peak ratio analysis demonstrates a dose dependent response which correlates to previous toxicological studies. Principal component analysis is employed to further classify cellular response as a function of dose and to examine differences between spectra as a function of exposed concentration. To further illustrate the potential of Raman spectroscopy in this field, Partial Least Squares (PLS) regression and …

The Tracking Of Dietary Intakes Of Children And Adolescents In Sweden Over Six Years: The European Youth Heart Study, Emma Patterson, Julia Wärnberg Julia Wärnberg, John Kearney, Michael Sjostrom

Articles

The stability of dietary habits through various life-stages is not well understood. A better understanding of the tracking of diet over time could have implications for health promotion as well as for the planning of nutritional epidemiology studies. We examined the stability of dietary intakes of children and adolescents over six years. As part of the European Youth Heart Study, in 1998-9, a 24-h dietary recall was performed on over one thousand 9- and 15-year-olds in Sweden. In 2004-5, 40% returned to the follow-up study. These 452 subjects (273 15- and 179 21-year-olds) were assigned to age- and gender-specific tertiles …

Editorial: Nutrition Research Reviews, Katherine Younger

Articles

Cognitive performance in children and whether this can be improved by nutritional means is an area of investigation fraught with experimental challenges, making it difficult to draw useful conclusions. Hoyland et al. (1) have here provided a much-needed systematic review of the evidence on the specific question of the effects of breakfast on children’s cognitive performance and, unsurprisingly, have concluded that the effects are generally positive, most clearly shown for memory and attention tasks and most easily demonstrated in nutritionally vulnerable children. However, the benefits of food before schoolwork are not necessarily purely, or even mostly, physiological; they could be …

Editorial: Nutrition Research Reviews, Katherine Younger

Articles

The diverse nature of the reviews included in this issue of Nutrition Research Reviews highlights a problem that is becoming increasingly acute for journal editors, namely that of finding suitable reviewers (especially for the more esoteric manuscripts) who are prepared to devote some of their time and expertise to this crucial task. Peer-review underpins the whole ethos of scientific journal publishing as we currently know it. Without it, readers have little guarantee that the published material is credible, which in turn casts the authors in a dubious light, and with them the editors and publishers of the journals; the whole …

Second-Hand Smoke Exposure In Cars And Respiratory Health Effects In Children, Patrick J. Goodman, Z. Kabir, Luke Clancy, P.J. Manning, J. Holohan, S. Keogan

Articles

We examined potential associations of ever asthma, and symptoms of wheeze (past 12 months), hay fever, eczema and bronchitis (cough with phlegm) among school children exposed to second-hand smoke (SHS) in cars, using a modified Irish International Study of Asthma and Allergies in Childhood (ISAAC) protocol. 2,809 children of 13–14 yrs old and who selected randomly from post-primary schools throughout Ireland completed the 2007 ISAAC self-administered questionnaire. Adjusted OR (adjusted for sex, active smoking status of children interviewed and their SHS exposure at home) were estimated for the associations studied, using multivariable logistic regression techniques. Overall, 14.8% (13.9% in young …

Effect Of Air Pollution Controls On Black Smoke And Sulfur Dioxide Concentrations Across Ireland, Patrick J. Goodman, David Q. Rich, Ariana Zeka, Luke Clancy, Douglas W. Dockery

Articles

During the 1980s Ireland experienced severe pollution episodes, principally because of domestic coal burning. In 1990, the Irish government introduced a ban on the marketing, sale, and distribution of coal in Dublin. They extended the ban to Cork in 1995 and to ten other communities in 1998 and 2000. We previously reported declines in particulate (black smoke [BS]) and sulfur dioxide (SO2) concentrations in Dublin following the 1990 coal ban. We now explore and compare the effectiveness of these sequential bans in 1990, 1995, 1998, and 2000. Daily BS and total gaseous acidity (SO2) measurements were compiled between 1980 and …

The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton

Articles

No abstract provided.

Use Of A Single-Multiple-Single-Mode Fiber Filter For Interrogating Fiber Bragg Grating Strain Sensors With Dynamic Temperature Compensation, Qiang Wu, Muhammad Hatta, Yuliya Semenova, Gerald Farrell

Articles

An interrogation technique for fiber Bragg grating (FBG) strain sensors with dynamic temperature compensation using a single-multiple-single-mode (SMS) fiber filter as a temperature compensating element is presented. Experimental results show that this technique offers a resolution of better than 3:4 με for strain measurements in the range from 0 to 1667 με, and the temperature induced error is as low as 34 με in the temperature range from 10 to 60 °C. The temperature induced error could be further reduced if the temperature sensitivity (the rate of temperature induced wavelength shift) of the SMS filter was closer to that of …

Supreme Seafoods, Thomas Cooney

Articles

No abstract provided.

Preparation, Characterization Of Nipam And Nipam/Bam Copolymer Nanoparticles And Their Acute Toxicity Testing Using An Aquatic Test Battery, Pratap Naha, Alan Casey, Tiziana Tenuta, Iseult Lynch, Kenneth Dawson, Hugh Byrne, Maria Davoren

Articles

Poly N-isopropylacrylamide and N-isopropylacrylamide / N-tert-butylacrylamide copolymer nanoparticles of 50 to 70 nm were prepared by free radical polymerisation. The particle sizes of the copolymer nanoparticles were measured in the test media MilliQ water, Algae Media, Daphnia Media and Microtox Diluent as a function of temperature. Whereas in MilliQ water the particle size was seen to decrease above the lower critical solution temperature of the thermoresponsive polymer, in the test media it was seen to increase significantly, indicative of aggregation. At the temperatures employed for the ecotoxicological studies all particles, with the exception of the 50:50copolymer existed as nanoparticles, however. …