Digital Commons Network^™

Family Values In The Jewish Tradition, J. David Bleich

Articles

In Family Values in the Jewish Tradition, Professor J. David Bleich presents Judaism as a religion of law. He describes the family unit, "both as a social unit and as a legal institution," and how it helps to provide comfort, companionship, and stability. He discusses the role of reproduction within the family unit, artificial insemination, and the homosexual act (not the homosexual as a person). Professor Bleich concludes with a discussion of the phrase, "be fruitful and multiply." He notes that this phrase is understood as both a commandment and a blessing.

Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandated Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman

Articles

In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual’s right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship.

Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act’s integration mandate, this Article argues that …

Introduction To The South Dakota Law Review's 2010 Symposium Issue, Marci A. Hamilton

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No abstract provided.

The End Of Probate, Stewart E. Sterk

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No abstract provided.

Assessment Of The Accuracy Of An Ultrasound Elastography Liver Scanning System Using A Pva-Cryogel Phantom With Optimal Acoustic And Mechanical Properties, S. Cournane, Louise Cannon, Jacinta Browne, Andrew Fagan

Articles

The accuracy of a transient elastography liver-scanning ultrasound system was assessed using a novel application of PVA-cryogel as a tissue-mimicking material with acoustic and shear elasticity properties optimized to best represent those of liver tissue. Although the liver scanning system has been shown to offer a safer alternative for diagnosing liver cirrhosis through stiffness measurement, as compared to the liver needle biopsy exam, the scanner’s accuracy has not been fully established. The Young’s elastic modulus values of 5-6wt% PVA cryogel phantoms, also containing glycerol and 0.3μm Al2O3 and 3μm Al2O3, were measured using a ‘gold standard’ mechanical testing technique and …

No Longer, But Not Yet: Tweens And The Mediating Of Liminal Selves Through Metaconsumption, Kevina Cody, Katrina Lawlor, Pauline Mcclaren

Articles

Using the anthropological theory of liminality as a lens of analysis, the following paper outlines specific elements of a research project exploring the consumer culture of a liminal group – tweens. The lived experience of a tween is explored using a multi-method approach incorporating personal diaries, in-depth interviews and accompanied shopping trips. Outcomes of one aspect of this longitudinal research project – the theory of metaconsumption - are presented, suggesting an important divergent theoretical path from the ‘effects’ - dominated consumer socialization approach to researching young people and their relationships with consumption. We conclude that those in a shadowed reality, …

Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo

Articles

The Genetic Information Nondiscrimination Act of 20081 ("GINA") is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual's genetic information, with some exceptions.

One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us -the use …

Taking It To The Streets: A Public Right-Of-Way Project For Disability Law, Elizabeth Pendo

Articles

I teach a course in Disability Discrimination Law, which is designed as a civil rights course focused on the Americans with Disabilities Act (ADA). When the ADA was passed in 1990, it was celebrated by many as one of the most significant civil-rights victories of this century. The ADA was enacted to "provide clear, strong, consistent, [and] enforceable standards [for] addressing discrimination against individuals with disabilities" and prohibits discrimination in employment, public services and transportation, privatelyowned places of public accommodations, and telecommunications. Although the ADA is not the first federal law addressing disability, its passage made clear that the continued …

Moving Beyond The Clamor For "Hedge Fund Regulation": A Reconsideration Of "Client" Under The Investment Advisers Act Of 1940, Anita K. Krug

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This Article argues that, from both theoretical and pragmatic perspectives, a better approach would be for law to regard private fund investors as clients of the managers of those funds for all purposes under the investment advisory regulatory regime. In making these arguments, it dissects the doctrinal and historical underpinnings and sources of the current doctrine--legislative history and case law, in particular, but also SEC interpretations and rule changes. In light of the policy considerations-- including investor protection--that gave rise to the Advisers Act, the growth of the investment advisory industry and private funds' role in it, and lessons learned …

Food Consumption Trends And Drivers, John Kearney

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A picture of food consumption (availability) trends and projections to 2050, both globally and for different regions of the world along with the drivers largely responsible for these observed consumption trends are the subject of this review. Throughout the world, major shifts in dietary patterns are occurring, even in the consumption of basic staples towards more diversified diets. Accompanying these changes in food consumption at a global and regional level have been considerable health consequences. Populations in those countries undergoing rapid transition are experiencing nutritional transition. The diverse nature of this transition may be the result of differences in socio …

Factors Associated With Weaning Practices In Term Infants: A Prospective Observational Study In Ireland., Roslyn Tarrant, Katherine Younger, Margaret Sheridan-Pereira, Martin White, John Kearney

Articles

The WHO (2001) recommends exclusive breast-feeding and delaying the introduction of solid foods to an infant’s diet until 6 months postpartum. However, in many countries, this recommendation is followed by few mothers, and earlier weaning onto solids is a commonly reported global practice. Therefore, this prospective, observational study aimed to assess compliance with the WHO recommendation and examine weaning practices, including the timing of weaning of infants, and to investigate the factors that predict weaning at #12 weeks. From an initial sample of 539 pregnant women recruited from the Coombe Women and Infants University Hospital, Dublin, 401 eligible mothers were …

The Prevalence And Determinants Of Breastfeeding Initiation And Duration In A Sample Of Women In Ireland, Roslyn Tarrant, Katherine Younger, Margaret Sheridan-Pereira, Martin White, John Kearney

Articles

Objective: To assess breast-feeding initiation and prevalence from birth to 6 months in a sample of mothers in Dublin, and to determine the factors associated with breast-feeding initiation and ‘any’ breast-feeding at 6 weeks in a sample of Irish-national mothers. Design: This prospective cross-sectional study involved the recruitment of women during the antenatal period, with subsequent follow-up of mothers who delivered healthy, term singleton infants, at 6 weeks and 6 months postpartum. Setting: Participants were recruited from antenatal clinics in the Coombe Women and Infants University Hospital, Dublin. Subjects: In all, 401 Irish-national and forty-nine non-Irish-national mothers met the criteria …

High-Density Screening Reveals A Different Spectrum Of Genomic Aberrations In Chronic Lymphocytic Leukemia Patients With ‘Stereotyped’ Ighv3-21 And Ighv4-34 B-Cell Receptors, Millaray Marincevic, Nicola Cahill, Rebeqa Gunnarsson, Anders Isaksson, Mahmoud Mansouri, Hanna Göransson, Markus Rasmussen, Mattias Jansson, Fergus Ryan, Karin Karlsson, Hans-Olov Adami, Fred Davi, Jesper Jurlander, Gunnar Juliusson, Kostas Stamatopoulos, Richard Rosenquist

Articles

Background The existence of multiple subsets of chronic lymphocytic leukemia expressing ‘stereotyped’ Bcell receptors implies the involvement of antigen(s) in leukemogenesis. Studies also indicate that ‘stereotypy’ may influence the clinical course of patients with chronic lymphocytic leukemia, for example, in subsets with stereotyped IGHV3-21 and IGHV4-34 B-cell receptors; however, little is known regarding the genomic profile of patients in these subsets. Design and Methods We applied 250K single nucleotide polymorphism-arrays to study copy-number aberrations and copy-number neutral loss-of-heterozygosity in patients with stereotyped IGHV3-21 (subset #2, n=29), stereotyped IGHV4-34 (subset #4, n=17; subset #16, n=8) and non-subset #2 IGHV3-21 (n=13) and …

Platelet Alpha- And Beta- Secretase Activities Are Not Significantly Affected By Dementia Or Mild Cognitive Impairment In Swedish Patients., Paul Gorham, Natalie Bark, Steve Meaney, Ingemar Bjorkhem, Milita Crisby

Articles

The processing of the Amyloid Precursor Protein (APP) is a critical event in the formation of amyloid plaques which are composed of the 4kDa amyloid beta-peptide (Abeta). Processing of APP occurs through a non-amyloidogenic pathway, mediated by initial alpha-secretase cleavage or through an amyloidogenic pathway via sequential cleavage by beta- and gamma-secretase enzymes, which produces Abeta peptides. Currently, the diagnosis of probable or possible Alzheimer's disease (AD) is primarily based on neuropsychological and neuroradiological assessment. Recent reports indicate that platelet beta-secretase activity is moderately increased in patients with AD and mild cognitive impairment (MCI). To our knowledge platelet alpha-secretase activity …

Genetic Connections Between Neurological Disorders And Cholesterol Metabolism, Ingemar Bjorkhem, Valerio Leoni, Steve Meaney

Articles

Cholesterol is an essential component of both the peripheral and central nervous systems of mammals. Over the last decade, evidence has accumulated that disturbances in cholesterol metabolism are associated with the development of various neurological conditions. In addition to genetically defined defects in cholesterol synthesis, which will be covered in another review in this Thematic Series, defects in cholesterol metabolism (cerebrotendinous xanthomatosis) and intracellular transport (Niemann Pick Syndrome) lead to neurological disease. A subform of hereditary spastic paresis (type SPG5) and Huntington's disease are neurological diseases with mutations in genes that are of importance for cholesterol metabolism. Neurodegeneration is generally …

Differential Genome-Wide Array–Based Methylation Profiles In Prognostic Subsets Of Chronic Lymphocytic Leukemia, Meena Kanduri, Nicola Cahill, Hanna Göransson, Camilla Enström, Fergus Ryan, Anders Isaksson, Richard Rosenquist

Articles

Global hypomethylation and regional hypermethylation are well-known epigenetic features of cancer; however, in chronic lymphocytic leukemia (CLL), studies on genome-wide epigenetic modifications are limited. Here, we analyzed the global methylation profiles in CLL, by applying high-resolution methylation microarrays (27 578 CpG sites) to 23 CLL samples, belonging to the immunoglobulin heavy-chain variable (IGHV) mutated (favorable) and IGHV unmutated/IGHV3-21 (poor-prognostic) subsets. Overall, results demonstrated significant differences in methylation patterns between these subgroups. Specifically, in IGHV unmutated CLL, we identified methylation of 7 known or candidate tumor suppressor genes (eg, VHL, ABI3, and IGSF4) as well as 8 unmethylated genes involved in …

Visible Near-Infrared Hyperspectral Imaging For The Identification And Discrimination Of Brown Blotch Disease On Mushroom (Agaricus Bisporus) Caps, Edurne Gaston, Jesus Maria Frias, Patrick J. Cullen, Colm O’Donnell, Aoife Gowen

Articles

Brown blotch, caused by pathogenic Pseudomonas tolaasii (P. tolaasii), is the most problematic bacterial disease in Agaricus bisporus mushrooms. Although it does not cause any health problems, it reduces the consumer appeal of mushrooms in the market place, generating important economical losses worldwide. Hyperspectral imaging (HSI) is a non-destructive technique that combines imaging and spectroscopy to obtain information from a sample. The objective of this study was to investigate the use of HSI for brown blotch identification and discrimination from mechanical damage on mushrooms. Hyperspectral images of mushrooms subjected to i) no treatment, ii) mechanical damage or iii) …

In Vitro Mammalian Cytotoxicological Study Of Pamam Dendrimers -Towards Quantitative Structure Activity Relationships, Sourav Prasanna Mukherjee, Maria Davoren, Hugh Byrne

Articles

Dendritic polymer nanoparticles such as polyamidoamine dendrimers (PAMAM) show exciting potential for biomedical applications. While the potential commercial applications of such dendrimers have received considerable attention, little is known about their possible adverse effects on both humans and the environment. In this study, the in vitro cytotoxicocity of full generation PAMAM dendrimers to two mammalian cell lines was investigated. Generations G4, G5 and G6 were chosen. Metabolic, lysosomal and mitochondrial activities were evaluated after 24 h exposure. Long term toxicity was evaluated using the clonogenic assay. Particle size and zeta potential were measured in all media. In culture medium, the …

Resonant Mie Scattering (Rmies) Correction Of Infrared Spectra From Highly Scattering Biological Samples Analyst, Paul Bassan, Achim Kohler, Harald Martens, Joe Lee, Hugh Byrne, Paul Dumas, Ehsan Gazi, Michael Brown, Noel Clarke, Peter Gardner

Articles

Infrared spectra of single biological cells often exhibit the “dispersion artefact” observed as a sharp decrease in intensity on the high wavenumber side of absorption bands, in particular the Amide I band at ~1655 cm-1, causing a downward shift of the true peak position. The presence of this effect makes any biochemical interpretation of the spectra unreliable. Recent theory has shed light on the origins of the ‘dispersion artefact’ which has been attributed to resonant Mie scattering (RMieS). In this paper a preliminary algorithm for correcting RMieS is presented and evaluated using simulated data. Results show that the ‘dispersion artefact’ …

A Comparative Study Of The Interaction Of Different Polycyclic Aromatic Hydrocarbons On Different Types Of Single Walled Carbon Nanotubes, Sourabhi Debnath, Qiaohun Cheng, Theresa Hedderman, Hugh Byrne

Articles

A comparative study of the solubilising effect of polycyclic aromatic hydrocarbon (PAHs) on single walled carbon nanotubes (SWCNTs) produced by high pressure decomposition of carbon monoxide (HiPco) and the arc discharge (AD) method has been carried out with the aid of fluorescence and Raman spectroscopy. For this study, polyphenyl and polyacene PAHs of different lengths are used. From the study it has been found that the binding energy of PAHs with AD SWCNTs is the same as that with HiPco SWCNTs. Shorter PAHs molecules better solubilise SWCNTs and in general smaller diameter SWCNTs. Thus, given their smaller diameter profile, significantly …

A Systematic Study Of The Dispersion Of Swnts In Organic Solvents, Qiaohuan Cheng, Sourabhi Debnath, Luke O'Neill, Theresa Hedderman, Elizabeth Gregan

Articles

Dispersions of as-produced HiPco single-walled carbon nanotubes (SWNTs) in a series of organic solvents were prepared by dilution with the aid of tip sonication. Mild centrifugation (945 g) was carried out to remove large bundles. Atomic force microscopy (AFM) studies revealed that the bundle size decreased as the dispersion was diluted. By measuring the UV−vis−NIR absorption before and after centrifugation as a function of the concentration, the dispersion limit of SWNTs in each solvent can be determined. Correlations between the dispersion limit and solvent solubility parameters, including the Hildebrand solubility parameter and three-dimensional Hansen solubility parameters, are explored, demonstrating that …

Protection Of Upqc Against The Load Side Short Circuits, Iurie Axente, Malabika Basu, Michael Conlon, Kevin Gaughan

Articles

This study presents a protection scheme for protecting the series inverter of a unified power quality conditioner (UPQC). The proposed scheme protects the series inverter from overcurrents and overvoltages, which appear during short-circuit faults on the load side of the UPQC. The main protection element is a crowbar connected across the secondary of the series transformer and consists of a pair of antiparallel connected thyristors, which is governed by a simple Zener diode-based control circuit. In the case of an overvoltage, the crowbar short circuits the secondary of the transformer, thus removing the overvoltage and diverting the fault current from …

A Machine Learning Approach To Hierarchical Categorisation Of Auditory Objects, William Coleman, Sarah Jane Delany, Charlie Cullen, Ming Yan Dr.

Articles

With the advent of new audio delivery technologies comes opportunities and challenges for content creators and providers. The proliferation of consumption modes (stereo headphones, home cinema systems, ‘hearables’), media formats (mp3, CD, video and audio streaming) and content types (gaming, music, drama & current affairs broadcasting) has given rise to a complicated landscape where content must often be adapted for multiple end-use scenarios. The concept of object-based audio envisages content delivery not via a fixed mix but as a series of auditory objects which can then be controlled either by consumers or by content creators & providers via accompanying metadata. …

Rise Of Political Populism And The Trouble With The Legal Profession In China, Dongsheng Zang

Articles

This essay looks into recent efforts by the ruling party in China to tighten control of the judiciary, the lawyers and prosecutors under the slogan of "harmonious society" in the last couple of years. This reversed the direction of judicial reform under the leadership of Xiao Yang, during his tenure as President of the Supreme People's Court before 2008. The trouble with the legal profession in China, the essay asserts, is not only that it loses its professional autonomy thus its ability to act as a sociopolitical force that is independent from the ruling political party; but also, by virtue …

Fourth Amendment Remedial Equilibration: A Comment On Herring V. United States And Pearson V. Callahan, David B. Owens

Articles

In two recent decisions, the Supreme Court addressed remedies under the Fourth Amendment by assuming that this remedial construction did not alter the value of the underlying right meant to be protected by the Constitution. First, in Herring v. United States, the court broadened exceptions to the exclusionary rule and implied that suppression may not be required for "negligent" errors generally. Then, in Pearson v. Callahan, the Court abandoned it's "battle-of-order" rule - which required courts to consider the right before inquiring whether that right was "clearly established" at the time of the violation - when considering qualified …

Equity And Efficiency In Intellectual Property Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This article examines the federal income tax regime governing intellectual property using normative criteria in evaluating taxes: equity and efficiency. The article first evaluates the current intellectual property tax scheme in terms of horizontal equity, identifying differences in tax treatment of what appear to be similar intellectual property activities. It argues that disparate tax treatments between seemingly similar intellectual property owners signal that flaws may exist in the tax system. The article then assesses the efficiency of the intellectual property tax system, examining numerous tax subsidies for intellectual property and their effectiveness in promoting economic growth. It argues that many …

Policymaking By The Japanese Judiciary In The Criminal Justice Field, Daniel H. Foote

Articles

When one speaks of policymaking by the judiciary, the image that often comes to tnind is the U.S. judiciary, especially the Supreme Court of the United States. That reaction is understandable. Examples abound of policymaking by courts in the United States; and a seemingly never-ending stream of books and articles discuss, analyze, and, depending on the authors'point of view, praise or decry "policymaking" or "judicial activism" by U.S. courts. The field of criminal justice frequently is offered as a prominent example of judicial policymaking in the United States. Expansion in due process protections and other rights for criminal suspects and …

Taking The High Road: Why Prosecutors Should Voluntarily Waive Peremptory Challenges, Maureen A. Howard

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In this Article, I review the efficacy of peremptory challenges and conclude that both empirical and anecdotal evidence confirm such challenges are of little utility. I contend that the marginal benefit of peremptory challenges to a criminal prosecutor is outweighed by the damage done to both the actual and perceived fairness of the system, and that imbalance should persuade prosecutors to consider a wholesale voluntary waiver of peremptory challenges.

Customary Practice And Community Governance In Implementing The Human Right To Water--The Case Of The Acequia Communities Of Colorado's Rio Culebra Watershed, Gregory A. Hicks, Devon G. Peña

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This paper offers commentary on the appropriateness of viewing, as a human right, the authority to manage water and to participate meaningfully in watershed governance, and it takes as an example the community of Hispano farmers of the Rio Culebra watershed of Southern Colorado in the headwaters of the Upper Rio Grande. In earlier work, the authors have written about the uneasy relationship between the formal system of appropriative water rights under Colorado law and the enduring set of local water norms practiced within acequias—the traditional water governance institutions and irrigation systems of the Culebra's Hispano farmers. The present …

Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson

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This Article first reviews the few Indian water rights cases that the U.S. Supreme Court has decided. The Article then traces a threshold issue common to Indian water rights litigation in the federal and state courts: how to determine the purposes of a reservation for which a reserved water right should be implied. A review of major Indian water rights cases demonstrates the generally confusing state of the law in significant respects, especially with regard to the "purposes" determination.

This Article posits that the relative uncertainty in this area has created an environment in which creative, practical solutions to conflicts …