Digital Commons Network^™

Rethinking Standards Of Appellate Review, Adam N. Steinman

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Every appellate decision typically begins with the standard of appellate review. The Supreme Court has shown considerable interest in selecting the standard of appellate review for particular issues, frequently granting certiorari in order to decide whether de novo or deferential review governs certain trial court rulings. This Article critiques the Court's framework for making this choice and questions the desirability of assigning distinct standards of appellate review on an issue-by-issue basis. Rather, the core functions of appellate courts are better served by a single template for review that dispenses with the recurring uncertainty over which standard governs which trial court …

Safeguarding A Will: Will Deposit Statutes, Alberto Lopez

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No abstract provided.

Does Smoke-Free Legislation Work For Teens Too?: A Logistic Regression Analysis Of Smoking Prevalence And Gender Among Sixteen Years Old In Ireland Using The 1995-2015 Espad School Surveys, Shasha Li, Sheila Keogan, Luke Clancy

Articles

Objectives: To assess the role of tobacco control legislation (TCL) in youth smoking in Ireland. To examine the effects of smoke-free legislation in youth. To consider whether TCL contributed to the gender equalisation in prevalence in 16 years old seen between 2003 and 2015.

Setting Data are from the 4 yearly European School Survey Project on Alcohol and Other Drugs from 1995 to 2015. Total sample size was 12.394. A logistic regression model on grouped data was used. Dependent variable is whether a student was a smoker in last 30 days. Independent variables are time, gender and the policy indicators, …

A Qualitative Study Of E-Cigarette Use Among Young People In Ireland: Incentives, Disincentives And Putative Cessation., Joan Hanfin, Luke Clancy

Articles

Background Smoking prevalence in Ireland is falling in all age groups, but e-cigarette use is rising among young people. This qualitative study explores young people’s accounts of e-cigarette use in Ireland. Methods Semi-structured individual (22) and focus group (8) interviews were conducted with 62 young people aged 18–22 years, recruited from a higher-education institution and youth organisations working with early school-leavers across Dublin. All were smokers or exsmokers; 41 had tried e-cigarettes, 11 continued as dual users. We identified themes using thematic data analysis. Results Three broad themes were identified: incentivising features, disincentivising features, and ambivalent and unsuccessful cessation, named …

Prevalence Of Illicit Tobacco Use And Tobacco Tax Avoidance In Pregnancy, Brendan P. Mcdonnell, Robert Mccausland, Sheila Keogan, Luke Clancy, Carmen Regan

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Background Smoking during pregnancy is associated with adverse maternal and fetal outcomes. Tobacco tax avoidance and tax evasion undermine the effectiveness of tobacco tax policies, resulting in cheaper prices for smokers and increased tobacco usage. Aims The purpose of this study was to explore the purchasing habits of pregnant smokers with regard to tobacco expenditure and
use of illicit tobacco. Methods Prospective cohort study. Face to face interviews were conducted with 90 attendees (age range 18–42 years; mean age
28 years) of a smoking cessation antenatal clinic in a large Irish tertiary level maternity hospital. Information regarding smoking habits, quantity …

Does Smoke-Free Legislation Work For Teens Too? A Logistic Regression Analysis Of Smoking Prevalence And Gender Among 16 Years Old In Ireland, Using The 1995-2015 Espad School Surveys, Shasha Li, Sheila Keogan, Luke Clancy

Articles

Objectives: To assess the role of tobacco control legislation (TCL) in youth smoking in Ireland. To examine the effects of smoke-free legislation in youth. To consider whether TCL contributed to the gender equalisation in prevalence in 16 years old seen between 2003 and 2015.

Insuring Apologies, Benjamin J. Mcmichael

Articles

Based on evidence demonstrating that an apology from a wrongdoer to a victim can assuage the victim's anger, reduce the likelihood that the victim seeks legal redress, and facilitate settlement, state legislatures have passed apology laws to encourage the delivery of more apologies. Aimed primarily at medical malpractice litigation-a traditional locus of the tort reform effort-apology laws render apologies from physicians to patients inadmissible in subsequent legal proceedings. In theory, privileging apologies will encourage their use and reduce malpractice liability risk as patients assert fewer claims and settle those claims that are asserted. However, if apology laws encourage the delivery …

The Law Of Rescue, Shalini Bhargava Ray

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No abstract provided.

Protecting Protected Activity, Daiquiri J. Steele

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No abstract provided.

Lumpy Work, Deepa Das Acevedo

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No abstract provided.

Slicing Defamation, Yonathan A. Arbel

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No abstract provided.

The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney K. Cross

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No abstract provided.

The First Amendment As A Procrustean Bed?: On How And Why Bright Line First Amendment Tests Can Stifle The Scope And Vibrancy Of Democratic Deliberation, Ronald J. Krotoszynski Jr.

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No abstract provided.

The Due Process Of Bail, Jenny E. Carroll

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The Due Process Clause is a central tenet of criminal law's constitutional canon. Yet defining precisely what process is due a defendant is a deceptively complex proposition. Nowhere is this more true than in the context of pretrial detention, where the Court has relied on due process safeguards to preserve the constitutionality of bail provisions. This Article considers the lay of the bail due process landscape through the lens of the district court's opinion in ODonnell v. Harris County and the often convoluted historical description of pretrial due process. Even as the ODonnell court failed to characterize pretrial process as …

Farm-Raised Trout, Richard Delgado, Jean Stefancic

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No abstract provided.

Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Safeguard Future Generations, Allyson E. Gold, Emily A. Benfer, Emily Coffey, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz

Articles

Despite over a century of evidence that lead is a neurotoxin that causes irreparable harm, today, lead continues to pervade children's environments and remains a constant threat to health and wellbeing. One in three homes across the United States housing children under the age of six has significant lead-based paint hazards that place occupants at risk of permanent neurological harm and lifelong poor health risks. Federal, state, and local governments must use a range of primary prevention strategies in order to fully eradicate the risks and protect children from lead poisoning. This Article provides a comprehensive examination of best practices …

Theory Of The Nudnik: The Future Of Consumer Activism And What We Can Do To Stop It, Yonathan A. Arbel, Roy Shapira

Articles

How do consumers hold sellers accountable and enforce market norms This Article contributes to our understanding of consumer markets in three ways First The Article identifies the role of a small subset of consumers "” the titular "˜nudniks' "” as engines of market discipline Nudniks are those who call to complain speak with managers post online reviews and file lawsuits Typified by an idiosyncratic utility function and personality traits nudniks pursue action where most consumers remain passive Although derided in courtrooms and the court of public opinion we show that nudniks can solve consumer collective action problems thereby leading to …

What Is A Fair Price For Objector Blackmail? Class Action Objectors And The 2018 Amendments To Rule 23 Symposium, Elizabeth J. Cabraser, Adam N. Steinman

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No abstract provided.

Paying For Pretrial Detention, Russell M. Gold

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American criminal law vastly overuses pretrial detention even as it purports to presume defendants innocent. This Article compares financial incentives in pretrial detention to those in civil preliminary injunctions. Both are procedures where one of the parties seeks relief before judgment. And yet, these two procedures employ financial incentives in opposite ways. Civil procedure discourages interim relief by requiring plaintiffi to bear financial risk when they obtain a preliminary injunction. Criminal law does the opposite-encouraging interim relief by requiring defendants to pay to avoid pretrial detention. The reasons that civil procedure relies on financial incentives to discourage requests for interim …

Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove

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There is something missing in interpretive theory. Recent controversies-involving, for example, the first travel ban and funding for sanctuary cities-demonstrate that presidential "laws" (executive orders, proclamations, and other directives) raise important questions of meaning. Yet, while there is a rich literature on statutory interpretation and a growing one on regulatory interpretation, there is no theory about how to discern the meaning of presidential directives. Courts, for their part, have repeatedly assumed that presidential directives should be treated just like statutes. But that does not seem right: theories of interpretation depend on both constitutional law and institutional setting. For statutes, the …

The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine

Articles

The notion of a student debt jubilee has begun its march from the margin of policy debates to the center, yet scholarly debate on the value of canceling student debt is negligible. This article attempts to jump start such debate in part by presenting a novel policy proposal for implementing a jubilee. In addition to reviewing the history of student debt and the arguments for canceling much or all of it, it presents a detailed legal argument that canceling public student debt (which accounts for 95% of student debt outstanding) could be undertaken by the Executive Branch without further legislation. …

The Illusory Promise Of Free Enterprise: A Primer To Promoting Racially Diverse Entrepreneurship Special Issue On Systemic Racism In The Law & Anti-Racist Solutions, Mirit Eyal-Cohen

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No abstract provided.

Occupational Licensing And The Opioid Crisis, Benjamin J. Mcmichael

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The United States' affordable care crisis and chronic physician shortage have required nurse practitioners to assume increasingly important roles in the healthcare system. Nurse practitioners can address critical access-to-care problems, provide safe and effective care, and lower the cost of care. However, restrictive occupational licensing laws - specifically, scope-of-practice laws - have limited their ability to care for patients. Spurred by interest groups opposed to allowing nurse practitioners to practice independently, states require physician supervision of nurse practitioners. Research has discredited many of the traditional reasons for these restrictive laws, but emerging arguments assert that independent practice will deepen the …

Law Review And Finding A Place In The Academy Essay, Jenny E. Carroll

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No abstract provided.

Sex-Based Discrimination In Health Care Under Section 1557: The New Final Rule And Supreme Court Developments, Brietta R. Clark, Elizabeth Pendo, Gabriella Garbero

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One of the primary goals of the Patient Protection and Affordable Care Act (PPACA) has been the reduction and elimination of health disparities, generally defined as population-level health differences that adversely affect disadvantaged groups, including disparities associated with sex and gender. Many of PPACA’s general provisions — expanded access to public and private insurance coverage, guarantee issue and pricing reforms, and coverage mandates — were expected to reduce barriers and eliminate discriminatory practices targeting or disproportionately impacting women and transgender individuals. Provisions like the Women’s Health Amendment, which mandated women’s preventive healthcare to be covered without cost sharing, and the …

The Role Of Law And Policy In Achieving Healthy People’S Disability And Health Goals Around Access To Health Care, Activities Promoting Health And Wellness, Independent Living And Participation, And Collecting Data In The United States, Elizabeth Pendo, Lisa I. Iezzoni

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Ensuring that the almost 60 million Americans with disabilities live as healthy and independent lives as possible is an important goal for our nation. This evidence-based report highlights efforts to better use law and policy to support and protect people with disabilities. Specifically, it examines how existing federal laws and policies could be leveraged by states, communities, and other sectors to reduce barriers to primary and preventive care; reduce barriers to local health and wellness programs; increase access to leisure, social, or community activities (and indirectly, to religious activities) for individuals with disabilities; and generate better disability data needed to …

Secondhand Smoke Exposure And Other Signs Of Tobacco Consumption At Outdoor Entrances Of Primary Schools In Eleven European Countries, Elisabet Henderson, Xavier Continente, Esteve Fernandez, Olena Tigova, Nuria Cortes-Francisco, Silvano Gallus, Alessandra Lugo, Sean Semple, Rachel O'Donnell, Luke Clancy, Sheila Keogan, Ario Ruprecht, Alessandro Borgini, Anna Tzortzi, Vergina K. Vyzikidou, Giuseppe Gornini, Angel Lopez-Nicolas, Joan B. Soriano, Gergana Geshanova, Joseph Osman, Ute Mons, Krzysztof Przewozniak, Jose Precioso, Ramona Brad, Maria J. Lopez, Tackshs Project Investigators

Articles

Introduction: Although smoking restrictions at child-related settings are progressively being adopted, school out-door entrances are neglected in most smoke-free policies across Europe.

Objectives:To describe secondhand smoke (SHS) exposure and tobacco-related signs in outdoor entrances of primary schools in Europe according to area-level socioeconomic status (SES), smoke-free policy, national smoking prevalence, and geographical region.

Methods:In this cross-sectional study we monitored vapor-phase nicotine concentrations at 220 school outdoor entrances in 11 European countries (March 2017–October 2018). To account for nicotine presence, we used the laboratory's limit of quantification of 0.06μg/m3as point threshold. We also recorded the presence of smell of smoke, people …

The Efficacy Of Warm Compresses In The Treatment Of Meibomian Gland Dysfunction And Demodex Folliculorum Blepharitis, Orla Murphy, Veronica O'Dwyer, Aoife Lloyd-Mckernan

Articles

Purpose: To investigate and compare the effect of warm compresses on meibomian gland dysfunction and Demodex folliculorum blepharitis.

Methods: Forty-two subjects (13 males, 29 females; mean age of 56.45 years) enrolled and completed the two-month warm compress treatment study. Three warm compress therapies were compared: Warm face cloth, MGDRx EyeBag® and OPTASETM Moist Heat Mask. Subjects attended for four visits: baseline, two weeks, four weeks, and eight weeks. Subjective symptoms, osmolarity, non-invasive tear break-up time, ocular surface staining, Schirmer I test, meibum expressibility and clarity, and eyelash manipulation and epilation to assess for the presence of Demodex folliculorum, …

Confinement Of Monolithic Stationary Phases In Targeted Regions Of 3d-Printed Titanium Devices Using Thermal Polymerization, Marta Passamonti, Ischa L. Bremer, Suhas H. Nawada, Sinead A. Currivan, Andrea F.G. Gargano, Peter J. Schoenmakers

Articles

Abstract

In this study, we have prepared thermally initiated polymeric monolithic stationary phases within discrete regions of 3D-printed titanium devices. The devices were created with controllable hot and cold regions. The monolithic stationary phases were first locally created in capillaries inserted into the channels of the titanium devices. The homogeneity of the monolith structure and the interface length were studied by scanning a capacitively coupled conductivity contactless detector (C4D) along the length of the capillary. Homogeneous monolithic structures could be obtained within a titanium device equipped with a hot and cold jacket connected to two water baths. The confinement method …

Acetaldehyde Production By Rothia Mucilaginosa Isolates From Patients With Oral Leukoplakia., Abdrazak Amer, Aine Whelan, Nezar N. Al-Hebshi, Claire M. Healy, Gary P. Moran

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Rothia mucilaginosa has been found at high abundance on oral leukoplakia (OLK). The ability of clinical isolates to produce acetaldehyde (ACH) from ethanol has not been investigated. The objective of the current study was to determine the capacity of R. mucilaginosa isolates recovered from OLK to generate ACH. Analysis of R. mucilaginosa genomes (n = 70) shows that this species does not normally encode acetaldehyde dehydrogenase (ALDH) required for detoxification of ACH. The predicted OLK metagenome also exhibited reduced ALDH coding capacity. We analysed ACH production in 8 isolates of R. mucilaginosa and showed that this species is capable of …