Digital Commons Network^™

National Security And The Shadows Of Judicial "Common Sense", Alexander A. Reinert

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The article critiques Peter Margulies's analysis of cognitive biases in judicial decision-making within national-security cases, particularly his proposed evidentiary presumption to address these biases. While acknowledging Margulies's contribution to the discussion, the article argues that his characterization of cases and proposed solution may oversimplify the complexities of judicial deference and interventionism. It suggests that the central issue in these cases is not excessive deference or interventionism but rather the government's resistance to transparency and the disclosure of sensitive information. The article advocates for a more nuanced approach, emphasizing managed discovery processes to balance national-security concerns with constitutional rights.

Real-Time Pcr Method For The Quantification Of Burkholderia Cepacia Complex Attached To Lung Epithelial Cells And Inhibitionn Of That Attachment, Ciara Wight, Gillian Herbert, Ruth Pilkington, Máire Callaghan, Siobhan Mcclean

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To develop a rapid method to quantify the attachment of the cystic fibrosis pathogen, Burkholderia multivorans, to lung epithelial cells (16HBE14o(-)) using real-time PCR with a view to monitoring potential inhibition of lung cell attachment. Mammalian and bacterial DNA were purified from bacteria attached to lung epithelial cells. The relative amount of bacteria attached was determined by amplification of the recA gene relative to the human GAPDH gene, in the presence of SYBR Green. The method was thoroughly validated and shown to correlate well with traditional plating techniques. Inhibition of bacterial attachment with simple sugars was then evaluated by real-time …

Computational Micromodel For Epigenetic Mechanisms, Karthika Raghavan, Heather J. Ruskin, Dimitri Perrin, Francois Goasmat, John Burns

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Characterization of the epigenetic profile of humans since the initial breakthrough on the human genome project has strongly established the key role of histone modifications and DNA methylation. These dynamic elements interact to determine the normal level of expression or methylation status of the constituent genes in the genome. Recently, considerable evidence has been put forward to demonstrate that environmental stress implicitly alters epigenetic patterns causing imbalance that can lead to cancer initiation. This chain of consequences has motivated attempts to computationally model the influence of histone modification and DNA methylation in gene expression and investigate their intrinsic interdependency. In …

Macrophage Responses To Cf Pathogens: Jnkmap Kinase Signaling By Burkholderia Cepacia Complex Lipopolysaccharide, Suzanne Mckeon, Siobhan Mcclean, Máire Callaghan

Articles

Chronic bacterial colonization of the airways with opportunistic pathogens is the primary cause of morbidity and mortality in cystic fibrosis (CF) patients. Burkholderia cepacia complex (Bcc) organisms pose a particular challenge in CF lung disease, due in part to their ability to trigger a fulminant pneumonia. This study compares the U937 macrophage response to two Bcc species, B. cenocepacia and Burkholderia multivorans, against Pseudomonas aeruginosa and Staphylococcus aureus. The two Bcc strains demonstrated higher levels of U937 macrophage internalization compared with both P. aeruginosa and S. aureus. Both the Bcc strains also stimulated significantly greater levels of tumor necrosis factor-a …

A Surface Potential Study Of Ion-Uptake By 5,11,17,23-Tetra-Tert-Butyl-25,27-Diethoxycarbonyl Methyleneoxy-26,28,Dihydroxycalix[4]Arene And 5,17-(3-Nitrobenzylideneamino)-11,23-Di-Tert-Butyl-25,27- Diethoxycarbonyl Methyleneoxy-26,28-Dihydroxycalix[4]Arene Langmuir Blodgett (Lb) Monolayers,, Mary Deasy, James P. Ward, Fintan Kelleher, Vickie Mckee, Faridah L. Supian, Tim H. Richardson

Articles

A study of surface pressure - area (P-A) isotherms, surface potential (ΔV) and effective dipole moment () of two calix[4]arenes, 5,11,17,23-tetra-tert-butyl-25,27-diethoxycarbonyl methyleneoxy-26,28,dihydroxycalix[4]arene (compound I) and 5,17-(3-nitrobenzylideneamino)-11,23-di-tert-butyl-25,27-diethoxycarbonyl methyleneoxy-26,28-dihydroxycalix[4]arene (compound II) LB films which have the same lower rim but different upper rim has been carried out. This work used a NIMA Surface Potential (S-POT) sensor attached to an LB trough. Space filling model or Corey, Pauling and Koltun (CPK) precision molecular models have been used to estimate the size and the flexibility of both calix[4]arenes, which has been confirmed by X-Ray analysis in one case. …

Interaction Between Langmuir And Langmuir- Blodgett Films Of 5,11,17,23-Tetra-Tert-Butyl-25,27-Diethoxycarbonyl Methyleneoxy-26,28,Dihydroxycalix[4]Arene And 5,17-(9h-Fluoren-2-Yl)Methyleneamino)-11,23-Di-Tert-Butyl-25,27-Diethoxycarbonyl Methyleneoxy-26,28-Dihydroxycalix[4]Arene With Aqueous Copper And Lithium Ions., Mary Deasy, Fintan Kelleher, Faridah L. Supian, Tim H. Richardson, James P. Ward, Vickie Mckee

Articles

The binding interactions between aqueous copper (Cu2þ ) and lithium (Li þ ) ions and Langmuir monolayers and Langmuir-Blodgett (LB) multilayers have been investigated by studying surface pressure-area (Π-A) isotherms and surface potential-area (ΔV-A) behavior in order to find the effective dipole moment, μ^, of the calixarene molecules in the uncomplexed and complexed states. The orientation of both calix[4]arenes, namely, 5,11,17,23-tetra-tert-butyl- 25,27-diethoxycarbonyl methyleneoxy-26,28-dihydroxycalix[4]arene and 5,17-(9H-fluoren-2-yl)methyleneamino)- 11,23-di-tert-butyl-25,27-diethoxycarbonyl methyleneoxy-26,28-dihydroxycalix[4]arene, is such that the plane of the calix ring is parallel with the plane of the water surface regardless of the ion content of the subphase. The Gibbs equation was used to interpret …

The End Of Probate, Stewart E. Sterk

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No abstract provided.

Class Dismissed: Contemporary Judicial Hostility To Small-Claims Consumer Class Actions, Myriam E. Gilles

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I start from the view that small-value consumer claims are a primary reason that class actions exist, and that without class actions many - if not most - of the wrongs perpetrated upon small-claims consumers would not be capable of redress. It would then seem to follow that the class action device should be readily available in small-claims consumer cases. And yet, over the past decade, federal district courts have repeatedly declined to certify class actions on grounds that are specific to small-claims consumer cases. Foremost among those grounds is the notion that the federal class action rule carries within …

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 …

Retribution And The Experience Of Punishment, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Articles

In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment generally involves the imposition of negative experience. The reason that greater fines and prison sentences constitute more severe punishments than lesser ones is, in large part, that they are assumed to impose greater negative experience. Hedonic adaptation reduces that difference in negative experience, thereby undermining efforts to achieve proportionality in punishment. Anyone who values punishing more serious crimes more severely than less serious crimes by an appropriate amount - as virtually everyone does …

Theatres Of The Book: Covering, Flaunting, Marketing,Author And Text, Peter Goodrich

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No abstract provided.

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Articles

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …

Apartment Living And The Multi-Unit Developments Bill 2009, Lorcan Sirr

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No abstract provided.

There's More To Planning Than Coloured Maps, Lorcan Sirr

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No abstract provided.

The Bible As A Law Book - Thomas Aquinas On The Juridical Uses Of Scripture, William S. Brewbaker Iii

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No abstract provided.

Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri

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No abstract provided.

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

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No abstract provided.

Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes

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No abstract provided.

There There? Does State Constitutional Law Exist?, Patrick O. Gudridge

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No abstract provided.

Collective Bargaining Agreements In Corporate Reorganizations, Andrew B. Dawson

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Congress enacted § 1113 to the Bankruptcy Code in 1984 in order to establish a standard for the rejection of Collective Bargaining Agreements. But the statute's ambiguous language has caused a split between the Second and Third Circuits, and has precipitated a lengthy academic debate largely centered on the interpretation of one word: "necessary." This debate has focused on proper statutory interpretation as well as deeper concerns regarding the policy goals behind the Bankruptcy Code. The present study reports data that indicate that the different interpretations are irrelevant in practice. No matter how "necessary" is defined, the result is always …

Cognitive Capture, Parliamentary Parentheses, And The Rise Of Fractional Apportionment, Stanley I. Langbein

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No abstract provided.

Taking Initiatives: Reconciling Race, Religion, Media And Democracy In The Quest For Marriage Equality, Anthony E. Varona

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No abstract provided.

Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona

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No abstract provided.

Mapp V. Ohio's Unsung Hero: The Suppression Hearing As Morality Play, Scott E. Sundby

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No abstract provided.

War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby

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No abstract provided.

The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca

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No abstract provided.

Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack

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No abstract provided.

Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin

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No abstract provided.

Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin

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State invocations of God are common in the United States; indeed, the national motto is "In God We Trust." Yet the Establishment Clause forbids the state from favoring some religions over others. Nonetheless, courts have found the national motto and other examples of what is termed ceremonial deism constitutional on the ground that the practices are longstanding, have de minimis and nonsectarian religious content, and achieve a secular goal. Therefore, they conclude, a reasonable person would not think that the state was endorsing religion.

But would all reasonable people reach this conclusion? This Article examines the "reasonable person" at the …

No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton

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No abstract provided.