Digital Commons Network^™

Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott

Articles

More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as ‘‘civil’’ in character—and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil character of …

Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein

Articles

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.

The Institutions Of Innocence Review: A Comparative Sociological Perspective, Jessica A. Roth

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The last three decades have seen the rise of an international innocence movement that has forced participants in diverse criminal justice systems to confront their systems’ fallibility, previously thought more theoretical than real. The public acknowledgment of that fallibility has led to the creation of new institutional mechanisms to re-examine old convictions. This short essay prepared for a symposium issue of the Rutgers University Law Review on the theory of criminal law reform compares the error correction institutions created in the United Kingdom, Canada, and the United States, three English-speaking countries with common law roots and an adversarial structure, through …

An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels

Articles

Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are …

Why Is It Wrong To Punish Thought?, Gabriel S. Mendlow

Articles

It’s a venerable maxim of criminal jurisprudence that the state must never punish people for their mere thoughts—for their beliefs, desires, fantasies, and unexecuted intentions. This maxim is all but unquestioned, yet its true justification is something of a mystery. In this Essay, I argue that each of the prevailing justifications is deficient, and I conclude by proposing a novel one. The proposed justification captures the widely shared intuition that punishing a person for her mere thoughts isn’t simply disfavored by the balance of reasons but is morally wrongful in itself, an intrinsic (i.e., consequence-independent) injustice to the person punished. …

Investigating The Impact Of Internationally Acquired Qualifications On Labour Market Performance: The Case Of Brazil, Charles Alves De Castro

Articles

The aim of this study is to examine the labour market performance of Brazilian students who have acquired international qualifications in the areas of engineering and science. A comprehensive analysis of the literature review demonstrates the importance of international qualifications covering both their benefits and challenges. The gaps found in the literature review are also discussed, as well as the need for a more concrete theoretical framework about the subject. The data used in this research was gathered by semi-structured one-to-one interviews conducted in both person and through telephone. The participants consisted of Brazilian students who have acquired international qualifications …

The States' Interest In Federal Procedure, Diego Zambrano

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No abstract provided.

Doing A Doctorate In Business Administration: The Case For Critical Reflexivity., Catherine Farrell, Sarah Oerton, Eoin Plant

Articles

This paper focuses upon the value of critical reflexivity in illuminating practice-based management inquiry. Drawing upon contributions to debates in the field, the paper demonstrates how critical reflexivity permits interrogation of the dynamic tensions associated with ‘real life’ practice and scholarly research on Doctor in Business Administration (DBA) programmes. It offers clearer understanding of the complex journeys undertaken, greater recognition of the organizational and cultural landscapes inhabited, and broadens concepts of how ‘success’ on DBA programmes may be evaluated. The paper further argues that critical reflexivity plays a key role in highlighting the various processes underlying the design, management and …

Strategic Competences For Pricing Quantity Surveying Consultancy Services, Michael Adesi, De-Graft Owusu-Manu, Róisín Murphy

Articles

Professional quantity surveying (QS) services are critical to successful delivery of construction projects within planned budget, quality, and duration. The supply of QS professional services is largely dependent on the price level of services and the willingness of clients to pay. The pricing of professional QS consultancy services has been confronted with a myriad of pricing challenges due to rapid changes in the business environment; the pervasive influence of information technology; and the complexity of clients’ expectation. It isthereforenecessary for QS consultancy firms to develop strategic competence for the pricing of their services. In addition, numerous studies have not given …

My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran

Articles

You are a parent whose children are in foster care. Your court hearing is today, after which you hope your children will return home. Upon leaving the bus, you wait in line to enter the court. At the metal detectors you’re told you can’t bring your cell phone inside. With no storage options, you hide your phone in the bushes, hoping it will be there when you return.

Lipoid Proteinosis: Unfamiliar Skin Findings Delay Diagnosis, S Larkin, Elizabeth K. Blixit

Articles

Lipoid proteinosis (LP) is a rare, inherited condition that progresses gradually with multisystemic manifestations. Histopathologic characteristics can be understated, delaying the diagnosis if a high degree of suspicion is not present.

Casting A Shadow: Harm From Known Drinkers, Ann Hope, Joe Barry, Sean Byrne, Oliver Stanesby

Articles

Abstract

Introduction: This paper examines the negative consequences of having a known drinker in one’s life. Method: The first dedicated national survey on alcohol’s harm to others (AH20) in Ireland was undertaken in 2015. Data was gathered by a cross sectional probability sample of 2,005 adults (18+yrs). Using a 12 month time-frame, respondents were asked about adverse effects they experienced due to known drinkers. Results: Overall, two in five people experiencing harm from known drinkers. Intangible harm was more common (38%) than tangible harm (24%). Stress/anxiety was the most common harm. The youngest age group was most at risk …

Investigating The Role Of Gold Nanoparticle Shape And Size In Their Toxicities To Fungi, Kangze Liu, Zhonglei He, Hugh Byrne, James Curtin, Furong Tian Technological University Dublin

Articles

Gold nanoparticles (GNPs) are increasingly being used in a wide range of applications, and such they are being released in greater quantities into the environment. Consequently, the environmental effects of GNPs, especially toxicities to living organisms, have drawn great attention. However, their toxicological characteristics still remain unclear. Fungi, as the decomposers of the ecosystem, interact directly with the environment and critically control the overall health of the biosphere. Thus, their sensitivity to GNP toxicity is particularly important. The aim of this study was to evaluate the role of GNP shape and size in their toxicities to fungi, which could help …

Advancing Raman Microspectroscopy For Cellular And Subcellular Analysis: Towards In Vitro High Content Spectralomic Analysis, Hugh Byrne, Franck Bonnier, Alan Casey, Marcus Maher, Jennifer Mcintyre, Esen Efeoglu, Zeineb Farhane

Articles

In the confocal mode, Raman microspectroscopy can profile the biochemical content of biological cells at a subcellular level, and any changes to it by exogenous agents, such as therapeutic drugs or toxicants. As an exploration of the potential of the technique as a high content, label free analysis technique, this report reviews work to monitor the spectroscopic signatures associated with the uptake and response pathways of commercial chemotherapeutic agents and polymeric nanoparticles by human lung cells. It is demonstrated that the signatures are reproducible and characteristic of the cellular event, and can be used, for example, to identify the mode …

Perils Of Tax Reform, James R. Hines Jr.

Articles

Tax reforms dangle possibilities of improving the tax system, but are fraught with perils that are evident from the 2017 U.S. experience and caution against frequent reforms of its ilk. The first peril is that reforms containing tax provisions selected simply on the basis of their projected revenue contributions will produce less tax revenue than anticipated, illustrative calculations suggesting shortfalls of roughly 8–16 percent. The second peril is that reforms will not advance the objectives of efficiency and tax equity to the extent that they include provisions intended to influence future tax legislation or government spending. The third peril is …

Implicit Bias's Failure, Samuel Bagenstos

Articles

The 2016 presidential election was a coming-out party of sorts for the concept of implicit bias-and not necessarily in a good way. In answering a question about race relations and the police during the vice-presidential debate, Mike Pence introduced the topic. Offering his explanation for why the Fraternal Order of Police had endorsed the Trump-Pence ticket, Pence said:

The Future Of Law And Mobility, Daniel A. Crane

Articles

With the launch of the new Journal of Law and Mobility, the University of Michigan is recognizing the transformative impact of new transportation and mobility technologies, from cars, to trucks, to pedestrians, to drones. The coming transition towards intelligent, automated, and connected mobility systems will transform not only the way people and goods move about, but also the way human safety, privacy, and security are protected, cities are organized, machines and people are connected, and the public and private spheres are defined.

Wrong Turn On The Ex Post Facto Clause, Paul D. Reingold, Kimberly Thomas

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The Ex Post Facto Clause bars any increase in punishment after the commission of a crime. But deciding what constitutes an increase in punishment can be tricky. At the front end of a criminal case, where new or amended criminal laws might lengthen prisoners’ sentences if applied retroactively, courts have routinely struck down such changes under the Ex Post Facto Clause. At the back end, however, where new or amended parole laws or policies might lengthen prisoners’ sentences in exactly the same way if applied retroactively, courts have used a different standard and upheld the changes under the Ex Post …

Informed Trading And Its Regulation, Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg

Articles

Informed trading--trading on information not yet reflected in a stock's price-- drives the stock market. Such informational advantages can arise from astute analysis of varied pieces of public news, from just released public information, or from confidential information from inside a firm. We argue that these disparate types of trading are all better regulated as part of the broader phenomenon of informed trading. Informed trading makes share prices more accurate, enhancing the allocation of capital, but also makes markets less liquid, which is costly to the efficiency of trade. Informed trading thus poses a fundamental trade-off in how it affects …

An Investigation Of The Benefits And Barriers Of E‐Business Adoption Activities In Yemeni Smes, Ahmed Abdullah, Brychan Thomas, Lyndon Murphy, Eoin Plant

Articles

Yemeni small‐ and medium‐sized enterprises (SMEs) are at the early stages of e‐business adoption and their owners and managers need to be supported to gain an understanding of the benefits that their business can achieve from adopting e‐business. Yemeni SMEs are at the early stages of e‐business adoption. The delay in adopting more advanced e‐business solutions are due to factors including the comparatively low level of technology usage within the organization, lack of qualified staff available to develop, implement and support firms’ websites, and limited financial resources. A lack of computer software and hardware resources appears to have a detrimental …

A Community-Building Framework For Collaborative Research Coordination Across The Education And Biology Research Disciplines, Nancy Pelaez, Trevor R. Anderson, Stephanie M. Gardner, Yue Yin, Joel K. Abraham, Edward L. Bartlett, Cara Gormally, Carol A. Hurney, Tammy M. Long, Dina L. Newman, Karen Sirum, Michael T. Stevens

Articles

Since 2009, the U.S. National Science Foundation Directorate for Biological Sciences has funded Research Coordination Networks (RCN) aimed at collaborative efforts to improve participation, learning, and assessment in undergraduate biology education (UBE). RCN-UBE projects focus on coordination and communication among scientists and educators who are fostering improved and innovative approaches to biology education. When faculty members collaborate with the overarching goal of advancing undergraduate biology education, there is a need to optimize collaboration between participants in order to deeply integrate the knowledge across disciplinary boundaries. In this essay we propose a novel guiding framework for bringing colleagues together to advance …

Lessons From My Undergraduate Research Students, Paul A. Craig

Articles

From very early on, my personal/professional life has been shaped by teachers in many different settings. Teaching and learning form a two-way street. In the process of teaching undergraduate students, particularly in the research lab, I have learned some profound lessons about the importance of listening to them, challenging them, giving them autonomy, and allowing them to enjoy success and to risk failure. I am now working with a team of faculty members to implement these lessons in a course-based undergraduate research experience in the biochemistry teaching laboratory. Our goal is to seek answers to the question “How do students …

Irish Cuisine: Irish Diplomatic Dining, Elaine Mahon

Articles

The study of food and power has primarily focused on absolutist courts with powerful monarchs and a wealthy court life, yet contemporary research into the emergent power structures of the nineteenth and twentieth centuries shows that dining remains an important feature in political and state life. Using new archival material, in particular that of the Irish Department of External Affairs, this paper will examine the emergence of Irish diplomatic dining since the foundation of the Irish Free State and explore how the Irish government established state policy for receiving important visitors. The paper will focus on the principal cultural, political …

Picketing In The New Economy, Hiba Hafiz

Articles

No abstract provided.

Editing And Empathy, Patrick Barry

Articles

Design begins with empathy.” I recently wrote that on the board during a class for students in the Child Welfare Appellate Clinic at the University of Michigan Law School. I thought it might help them write better briefs. I got the idea from Ilse Crawford, whose work as an interior designer can be seen all over the world—from airport lounges in Hong Kong, to fancy restaurants in London, to pear-shaped stools at IKEA. In Crawford’s view, “empathy is a cornerstone of design.”1 She thinks it is important to understand the spaces and products she creates from the perspective of the …

Improving Operator Situation Awareness By Phasor Measurement Unit (Pmu) Data Visualization, Esa M. Rantanen, Ernest Fokoue, Jacob Haut, Chandini Ramesh, Kathleen Gegner, Thomas Overbye, Komal Shetye

Articles

The application of phasor measurement unit (PMU) data in the power industry is currently an area of intense interest. The key driver for PMU technology is to use the precise time sources provided by Global Positioning System (GPS) satellites to accurately measure the relative voltage and current phase angles at buses across an interconnect at a very high sampling rate. Presenting PMU data to power system operators in a format that is truly useful for them and that affords improved situation awareness (SA) and fast and accurate decision making is a particular challenge to display design. This report describes development …

Parental Attitudes To Myopia: A Key Agent Of Change For Myopia Control?, Saoirse Mccrann, Daniel Ian Flitcroft, Kevin Lalor, John Butler, Aaron Bush, James Loughman

Articles

Purpose

With the increasing prevalence in myopia there is growing interest in active myopia prevention. This study aims to increase our understanding of parental attitudes to myopia development and control, as a means to inform future health planning and policy. It evaluates, for the first time, the attitude of parents to myopia and its associated risks, as well as assessing the exposure of Irish children to environmental factors that may influence their risk profile for myopia development.

Methods

Parents of 8–13 year old children in eight participating schools completed a questionnaire designed to assess their knowledge of and attitudes towards …

Raman Spectral Analysis For Rapid Screening Of Dengue Infection, Tahir Mahmood, Haq Nawaz, A. Ditta, M.I. Majeed, M.A. Hanif, N. Rashid, H.N. Bhatti, H.F. Nargis, M. Saleem, Franck Bonnier, Hugh Byrne

Articles

Infection with the dengue virus is currently clinically detected according to different biomarkers in human blood plasma, commonly measured by enzyme linked immunosorbent assays, including non-structural proteins (Ns1), immunoglobulin M (IgM) and immunoglobulin G (IgG). However, there is little or no mutual correlation between the biomarkers, as demonstrated in this study by a comparison of their levels in samples from 17 patients. As an alternative, the label free, rapid screening technique, Raman spectroscopy has been used for the characterisation/diagnosis of healthy and dengue infected human blood plasma samples. In dengue positive samples, changes in specific Raman spectral bands associated with …

Clinical Applications Of Infrared And Raman Spectroscopy: State Of Play And Future Challenges, Matthew Baker, Hugh Byrne, John Chalmers, Peter Gardner, Royston Goodacre, Alex Henderson, Sergei Kazarian, Francis Martin, Julian Moger, Nick Stone, Josep Sule-Suso

Articles

Vibrational spectroscopies, based on Infrared absorption and/or Raman scattering provide a detailed fingerprint of a material, based on the chemical content. Diagnostic and prognostic tools based on these technologies have the potential to revolutionise our clinical systems leading to improved patient outcome, more efficient public services and significant economic savings. However, despite these strong drivers, there are many fundamental scientific and technological challenges which have limited the implementation of this technology in the clinical arena, although recent years have seen significant progress in addressing these challenges. This review examines (i) the state of the art of clinical applications of infrared …

James Connolly's Bloodstained Vest: Mediating Death And Violence In Commemorative Exhibitions, Siobhan Doyle

Articles

The actions surrounding the display of images and artefacts in museums – collection, conservation, research and exhibition – are bound up with how the past is presented and remembered. These conditions and decisions relating to exhibitions are largely invisible to viewers who are confronted with the apparent completeness of an exhibition display. By conducting a historical and visual analysis of the bloodstained vest of political leader James Connolly, this article uncovers how this artefact has become a relic of historical violence due to the way in which particular aspects of its configuration, form and trajectory have been manipulated in order …