Digital Commons Network^™

Cash For Kidneys? Utilizing Incentives To End America's Organ Shortage, Steve P. Calandrillo

Articles

This article addresses the growing organ shortage in America, analyzes current donation and procurement law, and explores both monetary and nonmonetary incentives aimed at eliminating the worsening crisis.

Part I details the law governing human organ donation. Under both the Uniform Anatomical Gift Act (“UAGA”) and the National Organ Transplant Act (“NOTA”), no donor of a human organ may receive “valuable consideration” for providing it. Congress’ intention was simply that the organ recipient be given the “gift” of life—not one which she had to purchase on the market. In reality, the consequences of the Act bear little resemblance to its …

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

Articles

Part I of this Article details the historical development and medical achievements made possible by vaccines. From Edward Jenner to Jonas Salk to Albert Sabin, immense strides have been made in eradicating or substantially eliminating some of the worst diseases in human history. Smallpox, polio, measles, mumps, rubella, diphtheria, pertussis, tetanus, influenza, hepatitis A and B, and even the chicken pox are all now largely preventable.

Literally hundreds of millions of deaths have been avoided and many more lives markedly improved, to say nothing of the financial ramifications for the American healthcare system. All fifty states have therefore enacted compulsory …

The First Free Exercise Case, Walter J. Walsh

Articles

Part I of this Article tells the colonial history of religious freedom in New York State from a minority perspective, with specific reference to the secrecy of the confessional-the very practice that would be constitutionally tested in Philips. Part II describes the immediate social and political issues raised by the influx of Irish Catholic refugees into New York City in the wake of the failed United Irish Rebellion of 1798. Part III treats the unfriendly 1811 ruling of the federalist Chief Justice James Kent in People v. Ruggles as representative of the dominant Anglocentric constitutional legacy of imperial Protestant …

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

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This article presents the inherent contradiction between a parent-child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift.

Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research.

In the …

Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.

Articles

This article considers nature's "baseline" through the lens of modern environmental laws. We measure this "baseline" like never before and are proud of our databases on fish advisories, beach closures, and impaired water bodies, to mention a few. The ubiquitous legal response to these measures of environmental decline is the public warning "Don't Eat the Fish" and "Don't Drink the Water."

This article assesses the function, utility, and purpose of these public warnings and finds them wanting. Their principal value is that they serve as measures of lost natural capital and harbingers of shifting baselines.

Our descriptive journey leaves us …

A Law And Social Work Clinical Program For The Elderly And Disabled: Past And Future Challenges, Toby Golick, Janet Lessem

Articles

This Article tells the story of our effort to establish an interdisciplinary law and social work program at Cardozo Bet Tzedek Legal Services (“CBT”), a law clinic at Benjamin N. Cardozo School of Law. The program is predicated on the belief that law and social work collaboration will benefit clients as well as students. The Article is primarily descriptive—telling what we did, why we did it, why we were disappointed with it, and how we changed the program. The Article also attempts to continue a constructive critique, on the assumption that even if something is not broken, it can be …

Bringing The Environment In From The Cold, Thomas Power

Articles

The aim of this essay is to present an overview of some of the basic concepts underlying the mainstream approach to the role of economics in the analysis of the causes and treatment of environmental degradation. It evaluates the mainstream view depicted by Helm and Pearce and analyses economic externalities in context, conventional economic approaches and imperfect information.

Child Sexual Abuse In Sub-Saharan Africa: A Literature Review, Kevin Lalor

Articles

Objective. This article reviews the English-language literature on child sexual abuse in sub-Saharan Africa (SSA). The focus is on the sexual abuse of children in the home/community, as opposed to the commercial sexual exploitation of children. Method. English language, peer-reviewed papers cited in the Social Sciences Citation Index (SSCI) are examined. Reports from international and local NGOs and UN agencies are also examined. Results. Few published studies on the sexual abuse of children have been conducted in the region, with the exception of South Africa. Samples are predominantly clinical or University based. A number of studies report that approximately five …

A Simple Phase-Shifting Lateral Shearing Interferometer, Emilia Mihaylova, Maurice Whelan, Vincent Toal

Articles

A phase-shifting electronic speckle pattern shearing interferometer with a very simple shearing device is proposed. Two partially reflective glass plates are used to introduce the shear in this new interferometer. The reflection coefficients of the coatings on the two plates are 0.3 and 0.7. The distance between the two glass plates controls the size of the shear. The proposed new interferometric system is simple, flexible, and low cost.

Mobile And Accessible Dublin: An Application Of The Prospective Methodology In Developing A Vision For The Future Integration Of Transportation And Land Use In Dublin, Elzbieta Krawczyk

Articles

Contemporary cities can be characterised by a high pace of change and the growing complexity of their systems. Technological, economic and social evolution brings transformation that needs to be dealt with and accommodated in order to sustain consistent harmonious growth. Many cities are not prepared to adapt to these changes. This results in a vast range of urban problems. The rapid growth of Dublin during the last decade has intensified infrastructural and transportation problems. A number of institutions have been addressing these difficulties through the application of various solutions. This paper presents an attempt to address the lack of efficient …

Soap Opera, Com Mercialisation An D The Proletarian Isation Of Cultural Production, Edward Brennan

Articles

Abstract This article is based in a broader study of the production of Fair City, Ireland’s most popular television soap opera. The study argues that such shows are potentially important in civil society. They can promote discussion and debate on hidden or taboo social issues. They may thus inform public opinion. Until recently the potential role of soap opera in civil society has largely been overlooked. The research examined the social issues that Fair City could introduce to public discussion by examining its production process. It found the main limits on what the show could and could not say to …

Ionizing Radiation Induces A Stress Response In Primary Cultures Of Rainbow Trout Skin, Fiona Lyng, M. Lyons-Alcantara, P. Owell, Sharon Ni Shuilleabhain, Colin Seymour, D. Cottell, Carmel Mothersill

Articles

Fish skin is very vulnerable to damage from physical and chemical pollutants because it is in direct contact with the aquatic environment. In this study, the effect of g radiation on primary cultures of rainbow trout skin was investigated. Primary cultures containing two cell types, epidermal cells and goblet mucous cells, were exposed to doses ranging from 0.5–15 Gy 60Co g radiation. Expression of PCNA, c-myc and BCL2 was investigated as well as growth and levels of apoptosis and necrosis. Morphological and functional changes were also studied. The irradiated cultures showed evidence of a dose-dependent increase in necrosis and enhanced …

Assessment Of Obesity And Fear Of Fatness Among Inner-City Dublin Schoolchildren In A One-Year-Follow-Up Study, Anne Griffin, Katherine Younger, Mary Flynn

Articles

Background: Positive secular trends in adolescent obesity and an increased prevalence of fear of fatness, particularly among girls, have been documented world-wide. There is a lack of consensus about assessment criteria for childhood obesity and no standard exists for assessing Irish children. In 1990, the Irish National Nutrition Survey used body mass index (BMI) $26 kgm22 to describe the prevalence of overweight among Irish adolescents.

Objectives: (1) To examine the range in classification of Dublin schoolchildren as overweight according to four standard assessment methods; (2) to assess changes in weight status, prevalence of fear of fatness and accompanying slimming practices …

Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens

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No abstract provided.

Effective Hourly Rates Of Contingency-Fee Lawyers: Competing Data And Non-Competitive Fees, Lester Brickman

Articles

The article critically examines the impact of contingency fees on the tort system, arguing that these fees have risen significantly over the past few decades without a corresponding increase in risk, leading to exploitative practices that harm clients and drive up costs. The author challenges Herbert Kritzer's research on contingency fees, asserting that Kritzer's data underestimates the true earnings of specialized contingency-fee lawyers and fails to represent national trends accurately. The article advocates for reforms to align contingency fees more closely with the actual risk and effort involved in cases, ensuring fairness for clients and reducing systemic inefficiencies.

Dignity And Desert In Punishment Theory, Kyron J. Huigens

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No abstract provided.

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Paul R. Verkuil, Jeffrey S. Lubbers

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The article evaluates proposals for reforming the judicial review process for Social Security disability determinations, highlighting inefficiencies and variability in the current system. It compares the Social Security Administration (SSA) adjudication process with the Department of Veterans Affairs (VA) appeals system, emphasizing the need for a specialized court to address growing caseloads and improve decisional consistency. The analysis advocates for the creation of a Social Security Court, modeled after the Court of Appeals for Veterans Claims, to enhance uniformity, reduce delays, and alleviate the burden on federal courts.

War And The Death Of Innocence, Eamon Maher

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Material reproduced by kind permission of Doctrine and Life

Where To Now For Irish Catholicism?, Eamon Maher

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Material reproduced by kind permission of Reality

Growth Of Well-Defined Zno Microparticles By Hydroxide Ion, Ruth Mcbride, Declan Mccormack, John Kelly

Articles

The morphology of the microcrystalline zinc oxide formed by reaction of zinc salts with sodium hydroxide depends critically on the reaction conditions. To understand this, the nature of the solid product has been probed by scanning electron microcopy (SEM) and X-ray diffraction (XRD) and the concentration of zinc remaining in the solution has been determined at regular intervals throughout the reaction. Two general preparative procedures have been followed. The first, which involves simply heating an aqueous solution containing Zn(NO3)2 (0.025 M) and sodium hydroxide (0.375 M) to 101 uC and maintaining it at that temperature for periods of up to …

Border Patrol, Carl E. Schneider

Articles

Recently, the Supreme Court has encountered cases that concern perhaps our weightiest bioethical issue-how medical care is to be rationed. But this does not mean that the Court must therefore assess the justice of rationing, as many people incited by many journalists now fondly and firmly believe. In explaining why, we begin with a story about how Learned Hand remembered saying one day to Justice Holmes, "Well, sir, goodbye. Do justice!" Holmes turned quite sharply and said: "That is not my job. My job is to play the game according to the rules." If the Court doesn't do justice, what …

Enron At The Margin, William H. Widen

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No abstract provided.

Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein

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No abstract provided.

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

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No abstract provided.

Children's Understanding Of Television Advertising Intent, Margaret-Anne Lawlor, Andrea Prothero

Articles

Over the last three decades, a substantial body of research has accumulated seeking to address how exactly advertising, and in particular, telelvision advertising, influences children. Yet, given the diversity of methodologies used and the findings presented, it has been suggested that a common consensus on how exactly advertising affects children has not been reached. This paper presents a brief overview of the literature addressing chidlren's understanding of advertising with a view to identifying the contributions to date in this area and the accompanying gaps, omissions and under-resesearched perspectives. Findings are then presented from an exploratory study of eight and nine …

Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky

Articles

The failure of the 107th Congress to pass a "Patients' Bill of Rights" (PBR) is widely considered a major disappointment, to be remedied in the 108th Congress by the adoption of such legislation. Indeed, federal PBR proposals have achieved the proverbial motherhood-and-apple-pie status; it is virtually impossible to find anyone actively opposing a federal PBR. Many members of the 108th Congress likely feel pressure to pass PBR legislation before returning to the electorate in 2004.

I advance a contrary perspective: A federal PBR is an idea whose time is past or, to be precise, is an idea whose rationales are …

Retrenchment On Entrenchment, Stewart E. Sterk

Articles

The article critiques the argument by Posner and Vermeule that legislative entrenchment—where a legislature passes laws that future legislatures cannot repeal without special procedures—is constitutionally permissible and normatively attractive. The author, Stewart E. Sterk, contends that their argument is flawed because it fails to address whether courts should enforce such entrenched laws, rendering their case legally and normatively incoherent. Sterk argues that entrenchment undermines democratic principles by allowing one legislature to bind future legislatures, potentially leading to intergenerational inequity and abuse by special interest groups. He advocates for mechanisms allowing future legislatures to adjust laws as needed, ensuring flexibility and …

A Fire Risk Assessment Technique For Educational Establishments, Victor Hrymak, Noel O'Reilly

Articles

It is now widely considered as good practice to include fire risk assessment techniques when developing a fire risk management system. However there is little guidance as to how to evaluate the influence of organisational culture and human behaviour on the resultant level of fire safety. Since most accidents are caused by the failure of management systems, quantified risk assessment must take into account local safety management practices, or else it will not provide reliable information”.

This study tries to address this issue by developing a new fire risk assessment technique for assessing the fire safety management system of …

Patenting Genome Research Tools And The Law., Rebecca S. Eisenberg

Articles

Patenting genes encoding therapeutic proteins was relatively uncontroversial in the early days of biotechnology. Controversy arose in the era of high-throughput DNA sequencing, when gene patents started to look less like patents on drugs and more like patents on scientific information. Evolving scientific and business strategies for exploiting genomic information raised concerns that patents might slow subsequent research. The trend towards stricter enforcement of the utility and disclosure requirements by the patent offices should help clarify the current confusion.

Social Care Portfolio: An Aid To Integrated Learning And Reflection, Gay Graham, Bridgit Megarry

Articles

The focus of the paper is on the use of a specifically designed portfolio in social care training as an aid to both integrated learning and reflection. Integrated learning is achieved through the use of discrete sections in the portfolio which require students to discuss their practice placement agencies from perspectives that demonstrate their understanding of subjects such as theories and practices of social care, psychology, social policy, legal studies. Reflection, which is considered a core element of social care training, is examined as a learning tool. A model for the promotion of reflection is presented which utilises peer learning, …