Digital Commons Network^™

The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17, Clark B. Lombardi, Nathan J. Brown

Articles

The jurisprudence of the Supreme Constitutional Court of Egypt is creative and influential in the Arab world. Among its opinions, Case No. 8 of Judicial Year 17, decided on May 18, 1996, is particularly interesting. In this opinion, the SCC argues that a regulation on face-veiling in public schools is consistent not only with Islamic law, but with the Egyptian Constitution's guarantees of freedom of religion and freedom of expression. Not only does it illustrate the SCC's approach to Islamic legal reasoning, but it gives insight into the Court's views with respect to civil and political rights. The case also …

Lost In Translation? Data Mining, National Security And The Adverse Inference Problem, Anita Ramasastry

Articles

To the extent that we permit data mining programs to proceed, they must provide adequate due process and redress mechanisms that permit individuals to clear their names. A crucial criteria for such a mechanism is to allow access to information that was used to make adverse assessments so that errors may be corrected. While some information may have to be kept secret for national security purposes, a degree of transparency is needed when individuals are trying to protect their right to travel or access government services free from suspicion.

Part II of this essay briefly outlines the government's ability to …

Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni

Articles

This article examines the implications of the foregoing competing claims from a U.S. legal perspective, focusing particularly on how the legal system addresses patient safety concerns and autonomous decision-making of surgeons in the context of surgical innovation. The lack of oversight and the risks borne by patients during surgeons' development and subsequent refinement of a novel procedure must be balanced with the need to encourage medical progress through the development of improved techniques designed to benefit the health of current and future patients. This article argues that current reliance on the medical malpractice system and the federal regulatory system of …

The Use Of Mtas To Control Commercialization Of Stem Cell Diagnostics And Therapeutics, Sean O'Connor

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The recent focus on patents as a hindrance to stem cell research may turn out to be a red herring. The real culprits are material transfer agreements (MTAs), which govern the transfer of cell lines and other biological materials. The MTA’s primary purpose in life sciences research is to set contractual rights and obligations between parties where one party transfers biological materials to the other. For example, MTAs often focus on the physical handling, use, and distribution of the materials by the recipient, ensuring that the recipient complies with regulations for research involving humans or animals.

Although these interests are …

Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

The interdisciplinarity of intellectual property and taxation poses many challenges to the disparate existing norms in each respective field of law. This Article identifies and critiques the current tax regime governing the giving of intellectual property as a manifestation of the failure to understand the principles and policies underlying intellectual property and the firm. It proposes an economic, incentives-based system that would encourage firms to extricate part of their repository of residual rights by surrendering their monopolistic ownership of intellectual property for the benefit of charitable organizations and, in turn, the development and growth of society.

Ignore The Rumors—Campaigning From The Pulpit Is Okay: Thinking Past The Symbolism Of Section 501(C)(3), Michael Hatfield

Articles

This Article is enough to ruin many Thanksgiving family dinners. It is about American religion, politics, and taxes. Mostly it is about taxes. As I will explain, this is what sets it apart from the contemporary legal scholarship exploring the campaign restrictions on tax exempt churches. This Introduction identifies the problem addressed in the article, then introduces the contemporary legal scholarship and the alternative approach this article takes.

Part I of this Article introduces the reader to the legal context of "the problem" of churches being unable to campaign if they choose to be Tax Exempt under Section 501 (c) …

Biotechnology Entrepreneurship And Ethics: Principles, Paradigms, And Products, Patricia C. Kuszler

Articles

Biotechnology, whether in the context of new drugs derived from DNA and genetic technology, genetically modified food, or biologics making use of living cells, raises ethical concerns at a variety of different levels. At the research level, there is concern that the very nature of research is being subverted, rather than enhanced, by entrepreneurship. This area of ethical concern has intensified in the United States as a result of the conflicts of interests resulting from the growing alliance between University academia and private industry in the research enterprise. As we travel down the research path into development of a drug …

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

Articles

Medical waste is produced everywhere that people live and by almost everyone at some point in their lives. Its treatment and disposal implicates the environment, public health, the economy, human dignity, and aesthetics. With the many issues involved, the need for federal regulation of medical waste today is manifest.

This Article examines the problem of medical waste disposal and evaluates the current state-based approach to regulation. Although many states have implemented stringent medical waste programs with some success, the absence of direct federal regulation in this area is problematic. The need for national leadership is clear, especially with respect to …

The Impact Of Eu Unfair Contract Terms Law On U.S. Business-To-Consumer Internet Merchants, Jane K. Winn, Mark Webber

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This article focuses on the application of European Union unfair contract terms law to retail Internet transactions that U.S. businesses might engage in with European consumers. It compares attitudes toward consumer protection regulation in the U.S. and the EU to provide some context within which the specific provisions of unfair contract terms law can be understood.

While many lawyers and legal academics in the U.S. who study the development of online markets are aware of the profound differences in U.S. and EU information privacy laws, the magnitude of the divergence in consumer electronic contracting law is not as widely recognized. …

Whey Permeate As A Bio-Preservative For Shelf Life Maintenance Of Fresh-Cut Vegetables, Ana Belen Martin-Diana, Daniel Rico, Jesus Maria Frias, Jemina Mulcahy, Gary Henehan, Catherine Barry-Ryan

Articles

Whey permeate at different concentrations (0.5%, 1.5% and 3%) was used as natural sanitizing agent in the washing treatment of fresh-cut lettuce and carrots. These treatments were compared with a chlorine 120 ppm widely used in the industry. Microbiological, quality (colour changes, browning-related enzymes, headspace gas composition, textural changes and sensory analysis) and nutritional (ascorbic acid and carotenoids) markers were monitored over 10 days in fresh-cut lettuce and carrot packages stored at 4 °C. Whey permeate at 3% resulted in equivalent or better microbial load reduction than chlorine. Although lower concentration of whey permeate produced minor initial reduction, microbial counts …

Radical Integration, Michelle Adams

Articles

"Radical Integration" explores the two primary theoretical frameworks for achieving black liberation: the integration approach (which can be understood as assimilationist) and the identity-based, community-centered approach (which can be understood as isolationist). I argue that neither framework, by itself, is enough to ensure the achievement of true black liberation. I extract key elements of each approach and harmonize them to envision an entirely new framework. This framework, "radical integration," refocuses on the impact of racial segregation on the black community and simultaneously recognizes the need to address concerns about black identity and black authenticity in an integrated environment.

Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan

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The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,
outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact
it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement …

Cbc.Ca - Broadcast Sovereignity In A Digital Environment, Brian O'Neill

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Canadian Broadcasting Corporation (CBC), like many public broadcasters, has identified the value of branding their services on the world wide web as a crucial element in the strategy to bring radio into the digital era. Their approach highlights a number of strategically important issues facing broadcasters in the current environment. The internet, in Canadian terms, is an unregulated space and a not particularly Canadian space. Just as in the terrestrial environment, broadcasters like CBC have to operate in an environment dominated by United States-based interests. The regulatory solutions that Canada has previously pursued in order to preserve cultural sovereignty may …

Giving It Away : Free Technology Transfer To The Irish Sme Sector, Peter Kavanagh, Andy Maguire, James J. Casey

Articles

One of Europe’s major weaknesses lies in its inferiority in terms of transforming the results of technological research and skills into innovations and competitive advantages. (European Commission, 1995, p. 8.)

Technology transfer is a key aspect of economic development and research administration. These concerns are shared equally between academia and industry on both sides of the Atlantic. As technology is developed at a greater rate, concerns about the technology transfer will heighten. This article focuses on technology transfer in Ireland, particularly in the SME (Small and Medium size Enterprises, under 250 employees) sector. As the main Lisbon Objective has not …

Effects Of Retinal Image Degradation On Pre-Attentive Visual Search (Pavs) Efficiency For Flicker, Movment And Orientation Stimuli, Peter Davison, James Loughman

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Background: Previous research has shown that several clinical conditions cause increased pre-attentive visual search (PAVS) times, implying reduced parallel search capabilities in glaucoma and DLB dementia. The purpose of the research reported here was to examine for the first time the resistance of PAVS to dioptric blur using targets differing from the background in terms of flicker, vertical displacement, and orientation. Resistance would enhance the applicability of PAVS as a screening method for glaucoma and other clinical conditions affecting performance of a substantial area of the retina. Method: Computer generated flicker, orientation and vertical displacement targets were used to assess …

Impact Of Dietary Carotenoid Deprivation On Macular Pigment And Serum Concentrations Of Lutein And Zeaxanthin, James Loughman, John Nolan, Stephan Beatty

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No abstract provided.

Effect Of Calcium Lactate And Heat-Shock On Texture In Fresh-Cut Lettuce During Storage, Ana Belen Martin-Diana, Daniel Rico, Jesus Maria Frias, Gary Henehan, Jemina Mulcahy, J. Barat, Catherine Barry-Ryan

Articles

Textural and microstructural changes in fresh-cut lettuce were analysed over 12 days storage. The vegetable was treated with 120 ppm chlorine and with 15 g/L calcium lactate at room temperature (18–20 °C) and at 50 °C (heat-shock). Texturometer analysis showed that samples washed with calcium lactate had significantly (p > 0.05) higher crispness values than samples washed with chlorine. However the use of 50 °C treatment (heat-shock) gave better textural properties at the end of storage and significantly retarded the softening process, being in agreement with the sensorial results. Cryo-SEM micrographs showed a loss of turgor (shrinkage) of the tissue cells …

Antimicrobial Resistance In Irish Isolates Of Verocytotoxigenic Escherichia Coli (E. Coli)-Vtec., Ciara Walsh, Geraldine Duffy, R. O'Mahoney, I. S. Blair, D. A. Mcdowell

Articles

This study compared the antimicrobial resistance profiles of Escherichia coli O157:H7 isolates (n = 257) recovered from bovine hides, minced beef and human clinical samples in Ireland, to those profiles of a range of Irish non-O157 E. coli (O111 and O26) isolates (n=31) from a variety of clinical and veterinary sources. Four multi-drug resistant (MDR) E. coli O157:H7 food isolates were identified, with resistance to 10 (1 isolate), 6 (1 isolate) and 4 (2 isolates) antimicrobial agents respectively. Two of these isolates (resistant to 7 and 4 antimicrobial classes) were characterised further by molecular methods and found to contain class …

Survival Of Antibiotic Resistant And Antibiotic Sensitive Strains Of E. Coli O157 And E. Coli O26 In Food Matrices., Ciara Walsh, Geraldine Duffy, I. S. Blair, D. A. Mcdowell

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Escherichia coli O157:H7 or E. coli O26, which were AS (antibiotic sensitive), AR (laboratory created antibiotic resistant mutants), or naturally MAR (multi-antibiotic resistant), were inoculated into laboratory media, yoghurt or orange juice and their growth/survival monitored during enrichment at 37 °C or storage at 4 °C. The strains were also inoculated into minced beef and their thermal inactivation (D-values) examined at 55 °C, with and without a prior heat shock at 48 °C. The growth kinetics (lag phases, growth rates) of the VTEC (verocytotoxigenic E. coli), incubated over 24 h at 37 °C in laboratory media, were …

Apoptosis Is Initiated In Human Keratinocytes Exposed To Signalling Factors From Microbeam Irradiated Cells, Fiona Lyng, Paula Maguire, A. Kilmurray, Carmel Mothersill, C. Shao, M. Folkard, K. Prise

Articles

Purpose: There is now no doubt that bystander signalling from irradiated cells occurs and causes a variety of responses in cells not targeted by the ionising track. However, the mechanisms underlying these processes are unknown and the relevance to radiotherapy and risk assessment remains controversial. Previous research by our laboratory has shown bystander effects in a human keratinocyte cell line, HPV-G cells, exposed to medium from irradiated HPV-G cells. The aim of this work was to investigate if similar mechanisms to those identified in medium transfer experiments occurred in these HPV-G cells when they are in the vicinity of microbeam …

The Involvement Of Calcium And Map Kinase Signaling Pathways In The Production Of Radiation-Induced Bystander Effects, Fiona Lyng, Paula Maguire, B. Mcclean, C. Seymour, Carmel Mothersill

Articles

Much evidence now exists regarding radiation-induced bystander effects, but the mechanisms involved in the transduction of the signal are still unclear. The mitogen-activated protein kinase (MAPK) pathways have been linked to growth factor-mediated regulation of cellular events such as proliferation, senescence, differentiation and apoptosis. Activation of multiple MAPK pathways such as the ERK, JNK and p38 pathways have been shown to occur after exposure of cells to radiation and a variety of other toxic stresses. Previous studies have shown oxidative stress and calcium signaling to be important in radiation-induced bystander effects. The aim of the present study was to investigate …

Isolation And Characterization Of Toxin A-Negative, Toxin B-Positive Clostridium Difficile In Dublin, Ireland, Denise Drudy, N. Harnedy, S. Fanning, R. O’Mahony, L. Kyne

Articles

Clostridium difficile is a major cause of infectious diarrhoea in hospitalised patients. Most pathogenic C. difficile strains produce two toxins, A and B; however, clinically relevant toxin A-negative, toxin Bpositive (A– B+ ) strains of C. difficile that cause diarrhoea and colitis in humans have been isolated worldwide. The aims of this study were to isolate and characterise A– B+ strains from two university hospitals in Dublin, Ireland. Samples positive for C. difficile were identified daily by review of ELISA results and were cultured on selective media. Following culture, toxin-specific immunoassays, IMR-90 cytotoxicity assays and PCR were used to analyse …

Characterization Of A Collection Of Enterobacter Sakazakii Isolates From Environmental And Food Sources., Denise Drudy, Michele O'Rourke, Mary Murphy, Niall Mullane, Rebecca O'Mahony, Lorainne Kelly, Matthias Fischer, Suhad Sanjag, Pauline Shannon, Patrick Wall, Micheál O'Mahony, Paul Whyte, Séamus Fanning

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No abstract provided.

Comparative Phylogenomics Of Clostridium Difficile Reveals Clade Specificity And Microevolution Of Hypervirulent Strains., Denise Drudy

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No abstract provided.

High-Level Resistance To Moxifloxacin And Gatifloxacin Associated With A Novel Mutation In Gyrb In Toxin-A-Negative, Toxin-B-Positive Clostridium Difficile, Denise Drudy, T. Quinn, R. O'Mahony, L. Kyne, P. O'Gaora, S. Fanning

Articles

OBJECTIVES:

To determine the mechanism of high-level resistance to fluoroquinolone antimicrobials in toxin-A-negative, toxin-B-positive (A- B+) Clostridium difficile isolates.

METHODS:

Following culture 16-23S PCR ribotyping was used to determine genomic relationships between A- B+ C. difficile isolates. Antimicrobial susceptibilities were determined using Etests in the presence and absence of the efflux pump inhibitors reserpine (20 microg/mL), L-phenylalanine-L-arginine-beta-naphthylamide (PAbetaN; 20 microg/mL) and verapamil (100 microg/mL). Genomic regions including the quinolone-resistance-determining-region (QRDR) of gyrA and gyrB were amplified and characterized.

RESULTS:

PCR ribotyping profiles identified one major cluster of A- B+ C. difficile, universally resistant to the fluoroquinolones tested (ofloxacin, ciprofloxacin, levofloxacin, …

Antiviral Agents For Pregnant Women With Genital Herpes, Christopher Wenner Md

Articles

Clinical Question

Do antiviral medications prevent perinatal transmission of genital herpes to neonates?

Evidence-Based Answer

There is no evidence that the use of antiviral agents in women who are pregnant and have a history of genital herpes prevents perinatal transmission of herpes simplex virus (HSV) to neonates. [Strength of recommendation: A, based on multiple systematic reviews] However, treatment with antivirals during the last month of pregnancy does reduce the rate of HSV outbreaks in pregnant women and the resultant need for cesarean delivery. [Strength of recommendation: A, based on multiple systematic reviews]

Comparing The Gut Flora Of Irish Breastfed And Formula-Fed Neonates Aged Between Birth And 6 Weeks Old, Gordon Cooke, John Behan, Nicola Clarke, Winifred Gorman, Mary Costello

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The exact composition of the complex microsystem that constitutes the gut flora continues to be explored as molecular methodology supplements traditional microbiological studies. The current study reports a random analysis of the faecal flora composition for 31 neonates in the 0–1 day age group, 41 neonates aged 2–5 days and 33 6-week-old neonates. All infants, born at the National Maternity Hospital, Ireland, were considered healthy, full-term normal deliveries and were either exclusively breastfed or formula-fed from birth. Microbiological and biochemical analyses of the faecal samples were used to specifically enumerate Lactobacillus spp., Bifidobacterium spp., Enterococcus spp., Staphylococcus spp., Bacteroides spp., …

Privatizing Due Process, Paul R. Verkuil

Articles

The article explores the concept of "private due process," arguing that while traditional due process protections under the Constitution require state action, privatization of government functions creates gaps in procedural safeguards. It examines how state laws, federal regulations, and alternative dispute resolution (ADR) mechanisms can fill these gaps and proposes a "Private Administrative Procedure Act" (PAPA) to ensure procedural fairness when government functions are delegated to private entities.

The Human Eye Position Control System In A Rehabilitation Setting, Yvonne Nolan, Ted Burke, C. Boylan, Annraoi De Paor

Articles

Our work at Ireland’s National Rehabilitation Hospital involves designing communication systems for people suffering from profound physical disabilities. One such system uses the electro-oculogram, which is an (x,y) system of voltages picked up by pairs of electrodes placed, respectively, above and below and on either side of the eyes. The eyeball has a dc polarisation between cornea and back, arising from the photoreceptor rods and cones in the retina. As the eye rotates, the varying voltages projected onto the electrodes drive a cursor over a mimic keyboard on a computer screen. Symbols are selected with a switching action derived, for …

Perceived Health Benefit And Soy Consumption Behavior: Two Stage Decision Model Approach, Wanki Moon, Siva K. Balasubramanian, Arbindra Rimal

Articles

A two-stage decision model is developed to assess the effect of perceived soy health benefits on consumers' decisions with respect to soy food. The first stage captures whether or not to consume soy food, while the second stage reflects how often to consume. A conceptual/analytical framework is also employed, combining Lancaster's characteristics model and Fishbein's multi-attribute model. Results show that perceived soy health benefits significantly influence both decision stages. Further, consumers' negative perceptions regarding soy (unappetizing taste and inconvenience) have a substantially greater impact on soy consumption behavior than their perceptions about soy health benefits. This finding carries significant implications …