Digital Commons Network^™

Navigating Dangerous Constitutional Straits: A Prolegomenon On The Federal Marriage Amendment And The Disenfranchisement Of Sexual Minorities, Ronald J. Krotoszynski Jr., E. Gary Spitko

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Navigating Dangerous Constitutional Straits A Prolegomenon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities considers the nature of the constitutional amendment process and the Supreme Courts historical approach to incorporating new amendments into the existing constitutional text Professors Krotoszynski and Spitko argue that given the Supreme Courts consistent narrow reading of new amendments to preserve preexisting constitutional rights the Federal Marriage Amendment must be broadly written to override expressly due process and equal protection guarantees against not only sexual orientation discrimination but also gender discrimination In our view however if a proposed Federal Marriage Amendment were sufficiently …

Investigation Of The Effect Of Subcutaneous Fat On Image Quality Performance Of 2d Conventional Imaging And Tissue Harmonic Imaging, Jacinta Browne, Amanda Watson, Peter Hoskins, Alex Elliott

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Tissue harmonic imaging (THI) has been reported to improve contrast resolution, tissue differentiation and overall image quality in clinical examinations. However, a study carried out previously by the authors (Browne et al. 2004) found improvements only in spatial resolution and not in contrast resolution or anechoic target detection. This result may have been due to the homogeneity of the phantom. Biologic tissues are generally inhomogeneous and THI has been reported to improve image quality in the presence of large amounts of subcutaneous fat. The aims of the study were to simulate the distortion caused by subcutaneous fat to image quality …

Identification Of Fatty Acid Oxidation Disorder Patients With Lowered Acyl-Coa Thioesterase Activity In Human Skin Fibroblasts, Mary Hunt, Jos Ruiter, Petra Mooyer, Carlo W T Van Roermond, Rob Ofman, Lodewig Ijlst, Ronald J A Wanders

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Background: Acyl-CoA thioesterases are enzymes that hydrolyze acyl-CoAs to the free fatty acid and coenzyme A (CoASH). These enzymes have been identified in several cellular compartments and are thought to regulate intracellular levels of acyl-CoAs, free fatty acids and CoASH. However, to date no patients deficient in acyl-CoA thioesterases have been identified. Design: Acyl-CoA thioesterase activity was measured in human skin fibroblasts. Western blot analysis was used to determine Type-II acyl-CoA thioesterase protein levels in patients. Results: Activity was found in human fibroblasts with all saturated acyl-CoAs from C4:0- to C18:0-CoA, with highest activity detected with lauroyl-CoA and myristoyl-CoA (C12:0 …

Combining Cytotoxic And Immune-Mediated Gene Therapy To Treat Brain Tumors, James Curtin, Gwendalyn King, Marianela Candolfi, Remy Greeno, Kurt Kroeger, Pedro Lowenstein, Maria Castro

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Glioblastoma (GBM) is a type of intracranial brain tumor, for which there is no cure. In spite of advances in surgery, chemotherapy and radiotherapy, patients die within a year of diagnosis. Therefore, there is a critical need to develop novel therapeutic approaches for this disease. Gene therapy, which is the use of genes or other nucleic acids as drugs, is a powerful new treatment strategy which can be developed to treat GBM. Several treatment modalities are amenable for gene therapy implementation, e.g. conditional cytotoxic approaches, targeted delivery of toxins into the tumor mass, immune stimulatory strategies, and these will all …

Validation Of A Multiplex Pcr Assay For The Simultaneous Detection Of Human Papillomavirus And Chlamydia Trachomatis In Cervical Preservcyt Samples., Helen Keegan, Alison Malkin, Mairead Griffin, Fergus Ryan, Helen Lambkin

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No abstract provided.

Si Se Puede, But Who Gets The Gravy Symposium: Going Back To Class - The Reemergence Of Class In Critical Race Theory, Richard Delgado

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No abstract provided.

By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes

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Applying theories concerning the social construction of race, this Article borrows from the definition of disability under the Americans with Disabilities Act of 1990 (ADA) and the courts' analyses of disability discrimination cases under the "regarded as" disabled provision of the ADA, which allows a plaintiff to bring a claim against an employer who regards the plaintiff as having an impairment that substantially limits a major life activity. Using the "regarded as" provision as a model, this Article proposes a new method for recognizing discrimination claims based on the use of proxies for race-even when those proxies have been used …

The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers, Jr., J.B. Crosetto Iii, C.A. Holley, T.C. Kade, J.H. Kaufman, C.M. Kostelec, K.A. Michael, R.J. Sandberg, J.L. Schorr

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The 1989 Exxon Valdez oil spill caused extensive natural resource damage to the Prince William Sound. Lawsuits addressing this natural resource damage resulted in a settlement that required Exxon to pay $900 million over time to trustees charged with spending this money to restore the damaged environment of the Sound and nearby areas. The settlement included a “Reopener Clause,” which pledges Exxon to spend an additional $100 million to fund restoration or rehabilitation of resources whose injuries were not foreseeable in 1989.

This Article urges the State of Alaska and the United States to seek enforcement of the Reopener Clause, …

Assessing Clinical Waste Management Performance In A Health Care Organisation, Victor Hrymak

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An assessment of clinical waste management was undertaken in an Irish health care organisation. The methodology and results are presented together with recommendations.

Schiavo And Klein (Symposium), Evan H. Caminker

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When teaching federal courts, I sometimes find that students are slow to care about legal issues that initially seem picayune, hyper-technical, and unrelated to real-world concerns. It takes hard work to engage students in discussion of United States v. Klein,1 notwithstanding its apparent articulation of a foundational separation of powers principle that Congress may not dictate a "rule of decision" governing a case in federal court. A Civil War-era decision about the distribution of war spoils, one the Supreme Court has hardly ever cited since and then only to distinguish it, in cases involving takings and spotted owls? Yawn.

The Problem Of New Uses, Rebecca S. Eisenberg

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Discovering new uses for drugs that are already on the market seems like it ought to be the low-lying fruit of biopharmaceutical research and development (R&D). Firms have already made significant investments in developing these drugs and bringing them to market, including testing them in clinical trials, shepherding them through the FDA regulatory approval process, building production facilities, and training sales staff to market them to physicians. By this point, the drugs have begun to enjoy goodwill among patients and physicians and casual observations in the course of clinical experience may point to potential new uses. One might expect that …

Isolation Of Cancer Stem Cells From Adult Glioblastoma Multiforme, Xianpeng Yuan, James Curtin, Yizhi Xiong, Gentao Liu, Sebastian Waschsmann-Hogiu, Daniel Farkas, Keith Black, John Yu

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Glioblastoma multiforme (GBM) is the most common adult primary brain tumor and is comprised of a heterogeneous population of cells. It is unclear which cells within the tumor mass are responsible for tumor initiation and maintenance. In this study, we report that brain tumor stem cells can be identified from adult GBMs. These tumor stem cells form neurospheres, possess the capacity for self-renewal, express genes associated with neural stem cells (NSCs), generate daughter cells of different phenotypes from one mother cell, and differentiate into the phenotypically diverse populations of cells similar to those present in the initial GBM. Having a …

De Facto Custodians: A Response To The Needs Of Informal Kin Caregivers?, Elizabeth Brandt

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No abstract provided.

Jnk Regulates Hipk3 Expression And Promotes Resistance To Fas-Mediated Apoptosis In Du 145 Prostate Carcinoma Cells, James Curtin, Thomas Cotter

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Elevated endogenous JNK activity and resistance to Fas receptor-mediated apoptosis have recently been implicated in progression of prostate cancer and can promote resistance to apoptosis in response to chemotherapeutic drugs. In addition, JNK has been demonstrated to promote transformation of epithelial cells by increasing both proliferation and survival. Although numerous studies have reported a role for JNK in promoting Fas receptor-mediated apoptosis, there is a paucity in the literature studying the antiapoptotic function of JNK during Fas receptor-mediated apoptosis. Consequently, we have used the recently described specific JNK inhibitor SP600125 and RNA interference to inhibit endogenous JNK activity in the …

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

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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 …

The Property Clause: As If Biodiversity Mattered, Dale Goble

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No abstract provided.

Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell

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No abstract provided.

Should The Rules Of Marital Property Be Normative?, Carolyn J. Frantz

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No abstract provided.

Allocating Developmental Control Among Parent, Child And The State, Emily Buss

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No abstract provided.

The Speech-Enhancing Effect Of Internet Regulation, Emily Buss

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No abstract provided.

A Positive Right To Protection For Children, Tamar Ezer

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Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …

Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner

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No abstract provided.

Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes

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The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decisions of states to use force against "rogue" states and argue that under certain conditions, it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.

Emergencies And Political Change: A Reply To Tushnet, Eric A. Posner, Adrian Vermeule

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No abstract provided.

Federalism And The Enforcement Of Antitrust Laws By State Attorneys General, Richard A. Posner

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No abstract provided.

The Perils Of Posnerian Pragmatism, Richard A. Epstein

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No abstract provided.

In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

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The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, and this definition includes such matters as obesity and diabetes. This paper examines the historical and constitutional evolution of the public health principle as it moved from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could …

Few Gatekeepers, Many Views: Will The New Rules Compromise The Representation Of Marginalized Voices?, Madeleine M. Plasencia

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No abstract provided.

The History Of Seafood In Irish Cuisine And Culture, Máirtín Mac Con Iomaire

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Fish is one of the most abundant wild foods available to a small island nation. Certain species of seafood have moved from being ‘poor man’s food’ to ‘luxury food’ over time. It may be said that the Irish do not behave as island people since we have little or no history of exploiting the sea compared to our European partners. Ireland was late developing its fishing industry and now suffers reduced EU fish quotas, the unfortunate but necessary result of decades of over-fishing on European waters. This paper investigates the historical role seafood has played in Irish cuisine and culture …

Mcconnell V. Federal Election Commission: A Deadly Dose Of Double Deference, Richard A. Epstein

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No abstract provided.