Digital Commons Network^™

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

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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

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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 …

Spectroscopic Study Of The Dimerisation Process Of Iron Protoporphyrin Ix, K. Dziedzic-Kocurek, Hugh Byrne, A. Swiderski, J. Stanek

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The commercial protoporphyrin IX, iron-ferriprotoporphyrin IX-chloride and synthesized iron porphyrin μ-oxo-dimers were examined by UV/vis absorption and fluorescence, Fourier transformed infrared spectroscopy, resonance Raman, X-ray absorption, Mössbauer spectroscopy and SQUID. The evidence of Fe-O-Fe antiferromagnetic coupling concluded from SQUID and Mössbauer in the case of samples containing dimerized forms confirmed the presence of the oxo-bridges. In this paper the results of UV/vis, fluorescence, Fourier transform infrared FTIR and Raman spectroscopies are reported and discussed. The study is based on the comparison of the free-base protoporphyrin IX, Fe-PPIX-Cl and the synthesized dimerized specimen. The vibrational modes in two energy regions i.e. …

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

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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.

Providing Academic Leadership Through The Role Of Senior Lecturer 1 (Teaching) Using The Theme Of 'Sustainable Energy' As An Example, Jim Mcgovern

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An academic leader should lead in their particular area and should love what they are doing. An example of leadership in the area of 'sustainable energy use' is presented that involves leading through identifying and participating in the development of emerging technologies. Excellent academic leadership can be provided by a Senior Lecturer through active research, incorporating the latest developments in student-centred learning in their work and providing example and encouragement for colleagues and learners.

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

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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 …

An Evaluation Of Miru-Vntr Analysis And Spoligotyping For Genotyping Of M. Bovis Isolates And A Comparison With Rflp Typing, Joanne Mclernon, Eamon Costello, Orla Flynn, Gillian Madigan, Fergus Ryan

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Common strain typing methods for differentiation of Mycobacterium bovis isolates include restriction endonuclease analysis (REA), restriction fragment length polymorphism (RFLP) analysis, spoligotyping and more recently, mycobacterial interspersed repetitive unit-variable-number tandem repeat (MIRU-VNTR) typing. Strain typing of Mycobacterium bovis isolates based on the variable-number tandem repeats of mycobacterial interspersed repetitive units (MIRU-VNTR) and on spoligotyping was evaluated in this study and these typing methods were compared with restriction fragment length polymorphism (RFLP) typing. A total of 386 M. bovis isolates from cattle, badgers and deer in the Republic of Ireland that had previously been typed by IS6110, polymorphic GC-rich sequence (PGRS) …

Editorial: Nutrition Research Reviews, Katherine Younger

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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 …

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

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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 …

The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein

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This article examines “the accidental procreation argument,” an argument against same-sex marriage that still has some traction in United States appellate courts. The accidental procreation argument is meant to take the place of one of the central arguments made by states — and almost universally accepted by courts — in the first batch of cases in the United States about same-sex marriage. That original procreation-based argument — now widely acknowledged to be inadequate — posited that marriage is crucially related to procreation; therefore, since same-sex couples cannot procreate, same-sex couples should not be allowed to marry. The accidental procreation argument …

The Upc Addresses The Class-Gift And Intestacy Rights Of Children Of Assisted Reproduction Technologies, Lawrence W. Waggoner, Sheldon F. Kurtz

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Editor's Synopsis: Recent years' advances in assisted reproduction technology have enabled the conception of children in ways in addition to the traditional way. The Uniform Probate Code was amended last year to address the status of children born from assisted reproductive technologies for intestacy and class-gift purposes. This article discusses the relevant UPC provisions and offers several hypothetical cases to show how they operate. The article concludes expressing the hope that states will consider the new UPC approach.

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

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Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street corners, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …

The Antimicrobial Efficacy And Structure Activity Relationship Of Novel Carbohydrate Fatty Acid Derivatives Against Listera Spp. And Food Spoilage Microorganisms, Patricia Nobmann, Aoife Smith, Julie Dunne, Gary Henehan, Paula Bourke

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Novel mono-substituted carbohydrate fatty acid (CFA) esters and ethers were investigated for their antibacterial activity against a range of pathogenic and spoilage bacteria focussing on Listeria monocytogenes. Carbohydrate derivatives with structural differences enable comparative studies on the structure/activity relationship for antimicrobial efficacy and mechanism of action. The antimicrobial efficacy of the synthesized compounds was compared with commercially available compounds such as monolaurin and monocaprylin, as well as the pure free fatty acids, lauric acid and caprylic acid, which have proven antimicrobial activity. Compound efficacy was compared using an absorbance based broth microdilution assay to determine the minimum inhibitory concentration (MIC), …

Focusing On Process And History: Path Dependence, Paul Donnelly

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In recognition of the calls for more processual and historically informed organizational theorizing, this chapter considers the notion of path dependency, an approach which holds that a historical path of choices has the character of a branching process with a self-reinforcing dynamic such that preceding steps in a particular direction induce further movement in the same direction, thereby making the possibility of switching to some other previously credible alternative more difficult. Path dependence seeks to assess how process, sequence and temporality can be best incorporated into explanation, the focus of the researcher being on particular outcomes, temporal sequencing and the …

First Approaches To Standard Protocols And Reference Materials For The Assessment Of Potential Hazards Associated With Nanomaterialss, Gordon Chambers, Hugh Byrne, Iseult Lynch, Micheal Riediker, Hans Bouwmeester, Hans Marvin, Alan Casey, Markus Berges, Martin Clift, Teresa Fernandez, Lise Fjellsbo, Lucienne Juillerat, Gert Roebben, Christoph, Klein, Qinglan Wu, Vince Hackley, Jean-Pierre Kaiser, Wolfganag Kreyling, Michael Garner, Peter Hatto,, Kenneth Dawson

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All new technologies have an inherent risk, which is typically assessed alongside the development of applications of the technology. This is also the case for nanotechnology: a key concern in the case of engineered nanomaterials (ENMs) is that due to their very small size, NMs can reach areas such as the cell that are inaccessible to other materials, such as implants and drugs. As a result of their large surface area, NMs may be more reactive than other larger materials. The large physical and chemical variability of NMs, and the fact that small changes can have large consequences, mean that …

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

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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. …

A Test Battery Approach To The Ecotoxicological Evaluation Of Cadmium And Copper Employing A Battery Of Marine Bioassays, Ailbhe Macken, Michelle Giltrap, Kim Ryall, Barry Foley, Evin Mcgovern, Brendan Mchugh, Maria Davoren

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The main aim of this study was to investigate the sensitivity of the battery to two recognised metal pollutants of the marine environment and rank species sensitivity accordingly.

A Precautionary Tale: Separating The Infant From The Fetus, Lawrence Torcello

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This article confronts growing conservative opposition to abortion based on the slippery slope claim that abortion is morally equivalent to infanticide. By examining the relationship between moral skepticism and precautionary ethics the article promotes completely the permissive position on abortion from conception to birth while consistently rejecting the possibility that such a position entails permissive implications for infanticide. The article introduces and traces the implicit relationship between moral skepticism, the precautionary principle and political liberalism.

The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack

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After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).

Detection Of Staphylococcal Cassette Chromosome Mec Associated Dna Segments In Multiresistant Mssa And Identification Of Staphylococcus Epidermidis Ccrab4, Celine Herra, Anna Shore, Brian O’Connell,, Angela Rossney,, Derek Sullivan, Hilary Humphreys, David Coleman

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Methicillin-susceptible Staphylococcus aureus (MSSA) can arise from methicillin-resistant S. aureus (MRSA) following partial or complete excision of staphylococcal cassette chromosome mec (SCCmec). This study investigated whether multiresistant MSSA isolates from Irish hospitals, where MRSA has been endemic for decades, harbor SCCmec DNA. Twenty-five multiresistant MSSA isolates recovered between 2002 and 2006 were tested for SCCmec DNA by PCR and were genotyped by multilocus sequence typing and spa typing. All isolates lacked mecA. Three isolates (12%) harbored SCCmec DNA; two of these (genotype ST8 t190) harbored a 26-kb SCCmec IID (II.3.1.2) remnant that lacked part of mecI and all of mecR1, …

Optimal Resource Management In The Presence Of A Deleterious Alien Species: A Stochastic Model For An Orchard, Amitrajeet A. Batabyal, Peter Nijkamp

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Various plants and resources such as orchards are vulnerable to the detrimental effects of successful invasions by alien animal or plant species. To outline an appropriate policy response, we first use renewal theory to construct a stochastic model of optimal orchard management in the presence of a deleterious alien species. Next, we derive the orchard manager’s long run expected cost (LREC) of orchard management per unit time. Finally, we show that when confronted with a successful biological invasion, the optimal number of trees that need to be removed and replanted in order to keep the orchard under study sustainable in …

Dissertation Citations In Organismal Biology At Southern Illinois University At Carbondale: Implications For Collection Development, Jonathan Nabe, Andrea Imre

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We report on a citation analysis of PhD dissertations in Plant Biology and Zoology at Southern Illinois University Carbondale, undertaken to test the common assumption that scientists favor current research to such an extent that journal backfiles can be de-emphasized in academic library collections. Results demonstrate otherwise. The study is reproducible for any institution, and can help to evaluate 1) the value of electronic journal backfiles and 2) the need to maintain print backfiles.

Guidance Booklet On Safe Handling Of Nanoparticles, Declan Mccormack, Norbert Malanowski, Paul Sermon, Juergen Hoeck

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Nanotechnologies are a fast evolving scientific and technological field with a high potential impact on science, economy and society. Like with all new and quickly developing technologies it is important to weigh benefits versus risks at the earliest possible convenience. Building on the results of the ImPart project, this booklet is intended to give a review of the actual knowledge in the field of nanospecific risks, deriving recommendations for the safe handling of nanoparticles for executives in industry, public organizations and NGOs. This booklet is also intended to give an outlook on possible developments in the near future and "life …

Helicobacter Pylori-Induced Inhibition Of Vascular Endothelial Cell Functions: A Role For Vaca-Dependent Nitric Oxide Reduction, Nicholas P. Toblin, Gary Henehan, Ronan P. Murphy, John P. Atherton, Anthony F. Guinan, Steven W. Kerrigan, Dermot Cox, Paul A. Cahill, Philip M. Cummins

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Epidemiological and clinical studies provide compelling support for a causal relationship between Helicobacter pylori infection and endothelial dysfunction, leading to vascular diseases. However, clear biochemical evidence for this association is limited. In the present study, we have conducted a comprehensive investigation of endothelial injury in bovine aortic endothelial cells (BAECs) induced by H. pylori-conditioned medium (HPCM) prepared from H. pylori 60190 [vacuolating cytotoxin A (Vac(+))]. BAECs were treated with either unconditioned media, HPCM (0-25% vol/vol), or Escherichia coli-conditioned media for 24 h, and cell functions were monitored. Vac(+) HPCM significantly decreased BAEC proliferation, tube formation, and migration (by up to …

Hedonic Adaptation And The Settlement Of Civil Lawsuits, Jonathan Masur, John Bronsteen, Christopher Buccafusco

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This Essay examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on the probability of pretrial settlement in civil litigation. The existing economic and behavioral models of settlement are incomplete because they do not incorporate the effect of adaptation on the sum for which a plaintiff is willing to accept an offer. When an individual first suffers a serious injury, she will likely predict that the injury will greatly diminish her future happiness. However, during the time that …

A Web-Based And Mobile Environmental Management System, James Carswell, Keith Gardiner, Michela Bertolotto, Andrea Rizzini, A Mandrak

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This paper describes a Web-based and mobile system specifically developed to monitor fish species at risk. Such a system integrates spatial functionality to allow users not only to visualise maps and metadata of the area of concern but also to perform context-aware queries and updating of spatial datasets. The spatial datasets are provided by the Canadian Department of Fisheries and Oceans (DFO) and the prototype is customised to the specific needs of the Great Lakes Laboratory for Fisheries and Aquatic Sciences (GLLFAS) Fish Habitat Section requirements for fish species at risk assessment. Currently, researchers, habitat biologists and enforcement officers have …

Inhibition Of Adhesion Of Streptococcus Mutans To Hydroxylapatite By Commercial Dairy Powders And Individual Milk Proteins, Rachel Halpin, Maeve O'Connor, Dolores O'Riordan, Michael O'Sullivan, Damien Brady

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The aim of this study was to investigate the inhibitory effect of various dairy powders and milk constituents on the adhesion of a clinical isolate of Streptococcus mutans to hydroxylapatite (HA), an analogue of tooth enamel. Adhesion of a microorganism to a cell surface such as epithelial cells or tooth enamel is considered to be the first step in pathogenesis. Inhibiting this process may have therapeutic effects in vivo. The adherence assays were performed by incubating S. mutans with HA in the presence of each test material for 45 min, followed by centrifugal separation of the HA. Unbound bacteria were …

Evaluation Of The Xpert Methicillin-Resistant Staphylococcus Aureus (Mrsa) Assay Using The Genexpert Real-Time Pcr Platform For Rapid Detection Of Mrsa From Screening Specimens., Celine M. Herra

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The need for rapid methods to accurately detect methicillin-resistant Staphylococcus aureus (MRSA) is widely acknowledged, and a number of molecular assays are commercially available. This study evaluated the Xpert MRSA assay, which is run on the GeneXpert real-time PCR platform (Cepheid) for use in a clinical laboratory. The following parameters were investigated: (i) the limits of detection (LoDs) for four MRSA strains; (ii) the ability to detect isolates of MRSA from a collection representative of MRSA in Ireland since 1974 (n 114) and the ability to detect control strains with staphylococcal cassette chromosome mec types IVa (IV.1.1.1), IVb (IV.2.1.1), IVc …

Force Measurement Methods In Telerobotic Surgery: Implications For End-Effector Manufacture, Dean Callaghan, Mark Mcgrath, Eugene Coyle

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Haptic feedback in telesurgical applications refers to the relaying of position and force information from a remote surgical site to the surgeon in real-time during a surgical procedure. This feedback, coupled with visual information via microscopic cameras, has the potential to provide the surgeon with additional ‘feel’ for the manipulations being performed at the instrument-biological tissue interface. This increased sensitivity has many associated benefits which include, but are not limited to; minimal tissue damage, reduced recuperation periods, and less patient trauma. The inclusion of haptic feedback leads to reduction in surgeon fatigue which contributes to enhanced performance during operation. Commercially …

A Force Measurement Evaluation Tool For Telerobotic Cutting Applications: Development Of An Effective Characterization Platform, Dean Callaghan, Mark Mcgrath, Eugene Coyle

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Sensorized instruments that accurately measure the interaction forces (between biological tissue and instrument endeffector) during surgical procedures offer surgeons a greater sense of immersion during minimally invasive robotic surgery. Although there is ongoing research into force measurement involving surgical graspers little corresponding effort has been carried out on the measurement of forces between scissor blades and tissue. This paper presents the design and development of a force measurement test apparatus, which will serve as a sensor characterization and evaluation platform. The primary aim of the experiments is to ascertain whether the system can differentiate between tissue samples with differing mechanical …