Digital Commons Network^™

Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin

Articles

Although today the very idea of a science of law-the thought that law could be made a science like any other taught and studied at a modern university-has the ring of an oxymoron, this piece argues that the rejection of legal science was not only overhasty but unnecessary. There is a sense in which we can see law as a science, it argues, but only once we come to see more clearly and accurately just why the tradition of legal science begun in the earliest days of the Western legal tradition and brought to America by Christopher Columbus Langdell was …

An Indigent Criminal Defendant Is Entitled To An Expert Of His Own, Fredrick E. Vars

Articles

The Supreme Court recently heard the case of an Alabama death row inmate, James McWilliams. A thus far overlooked argument could save his life and help level the playing field in other capital cases. The Court in 1985 promised independent expertise. Now is its chance to make good on that promise.

Bathroom Laws As Status Crimes, Stephen Rushin, Jenny E. Carroll

Articles

A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities Several scholars have criticized these socalled "bathroom laws" as a form of discrimination in violation of federal law Few scholars though have considered the criminal justice implications of these proposalsBy analyzing dozens of proposed bathroom laws this Article explores how many laws do more than stigmatize the trans community"”they effectively criminalize them Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity Others would transform …

Alternative Dispute Resolution: A Critical Reconsideration Adr Symposium Part 1: Foreword, Richard Delgado

Articles

No abstract provided.

Rodrigo's Footnote: Multi-Group Oppression And A Theory Of Judicial Review, Richard Delgado

Articles

No abstract provided.

Lost Art And The Public Domain, Alan L. Durham

Articles

Because a patentable invention must be novel, and it must embody an advancement that would not have been obvious to persons of ordinary skill, the invention must be compared to the “prior art.” Prior art, in the language of the current Patent Act, includes anything that was already “patented, described in a printed publication, or in public use, on sale, or otherwise available to the public.” With certain qualifications, patent law has always required that prior art have been available to the public. A manuscript describing the claimed invention that had never left its author's desk drawer would not qualify …

Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship Symposium: Conference On The Ethics Of Legal Scholarship, Paul Horwitz

Articles

No abstract provided.

Case Law, Adam N. Steinman

Articles

Although case law plays a crucial role in the American legal system surprisingly little consensus exists on how to determine the "law" that any given "case" generates Lawyers judges and scholars regularly note the difference between holdings and dicta and between necessary and unnecessary parts of a precedentsetting decision but such concepts have eluded coherent application in practice There remains considerable uncertainty about which aspects of a judicial decision impose prospective legal obligations as a matter of stare decisis and to what extentThis Article develops a counterintuitive but productive way to conceptualize case law the lawmaking content of a judicial …

Positive Pluralism Now Review, Paul Horwitz

Articles

No abstract provided.

Expired Patents, Trade Secrets, And Stymied Competition, W. Nicholson Price Ii

Articles

Patents and trade secrecy have long been considered substitute incentives for innovation. When inventors create a new invention, they traditionally must choose between the two. And if inventors choose to patent their invention, society provides strong legal protection in exchange for disclosure, with the understanding that the protection has a limit: it expires twenty years from the date of filing. At that time, the invention is opened to the public and exposed to competition. This story is incomplete. Patent disclosure is weak and focuses on one technical piece of an invention—but that piece is often only a part of the …

Addressing Cultural Bias In The Legal Profession, Debra Chopp

Articles

Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …

Financial Reform: Making The System Safer And Fairer, Michael S. Barr

Articles

In the fall of 2008, the financial crisis crushed the U.S. economy and plunged the country into the Great Recession. The crisis shuttered American businesses, cost millions of Americans their jobs, and wiped out home values and household savings. The macro effects hit hardest and were the longest lasting for those least able to bear the brunt of the crisis. It was devastating to middle-income families and perhaps even more so to low- and moderate-income households, who had little financial buffer (Barr 2012a). Financial stability, never robust for these families, dropped precipitously (Barr and Schaffa 2016). Both in the United …

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Leonard M. Niehoff

Articles

I would like to use as the launching pad for my remarks today the 1989 federal district court decision in Doe v. University of Michigan. Doe is the seminal case on campus speech codes and it just recently passed its twenty-fifth anniversary. I thought this symposium would be a good occasion to look back, see where we were, assess where we are, and ask whether we have made any progress. Spoiler alert: the news is not good.

Why Sports Law?, Sherman J. Clark

Articles

This essay argues that sports law can be more than just a fascinating and topical subject with great appeal to those who work or hope to work in the field. It can also be a valuable intellectual and pedagogical enterprise—even for those who do not or will not work in sports. In particular, sports law can be a useful and clarifying lens through which to study the law more broadly. This is because sports enterprises and issues tend to put unique and potentially illuminating pressures on the law. Ordinary or unexamined assumptions often break down or prove inadequate when confronted …

Time To Refocus Assessment Of Vision In Older Adults? Contrast Sensitivity But Not Visual Acuity Is Associated With Gait In Older Adults, James Loughman, Eoin Duggan, Orna Donoghue,, Rose Anne Kenny, Hilary Cronin, Ciarán Finucane

Articles

Background:

The relationship between measures of visual function and gait related risk factors for falls is unclear. In this study, we examine the relationship between visual function (visual acuity [VA] and contrast sensitivity [CS] at multiple spatial frequencies) and quantitative spatiotemporal gait, using a large, nationally representative sample of community dwelling older adults.

Methods: Participants aged 50 and over were recruited as part of The Irish Longitudinal Study on Ageing (TILDA). VA was measured with the LogMAR chart according to the Early Treatment of Diabetic Retinopathy Study protocol. CS was measured at five spatial frequencies ranging 1.5 to 18 cycles …

Reduction Of Surgical Site Infections After Cesarean, Melissa Erickson Msn Ed, Bsn, Rnc-Mnn, Phn, Patricia Dumonceaux Msn, Phn, Cic

Articles

To decrease cesarean surgical site infection (SSI) rates to less than the National Healthcare Safety Network (NHSN) mean. By decreasing SSI rates, secondary goals included improving the patient experience, decreasing readmissions, and promoting bonding between the mother and newborn.

Ambulatory Hemodynamic Monitoring Reduces Heart Failure Hospitalizations In "Real-World" Clinical Practice, Akshay S. Desai, Arvind Bhimaraj, Rita Jermyn, Jamie M. Pelzel

Articles

BACKGROUND:

In the CHAMPION (CardioMEMS Heart Sensor Allows Monitoring of Pressure to Improve Outcomes in New York Heart Association [NYHA] Functional Class III Heart Failure Patients) trial, heart failure hospitalization (HFH) rates were lower in patients managed with guidance from an implantable pulmonary artery pressure sensor compared with usual care.

OBJECTIVES:

This study examined the effectiveness of ambulatory hemodynamic monitoring in reducing HFH outside of the clinical trial setting.

METHODS:

We conducted a retrospective cohort study using U.S. Medicare claims data from patients undergoing pulmonary artery pressure sensor implantation between June 1, 2014, and December 31, 2015. Rates of HFH …

Nitrate-Rich Beetroot Juice Selectively Lowers Ambulatory Pressures And Ldl Cholesterol In Uncontrolled But Not Controlled Hypertension: A Pilot Study., Conor Kerley, Eamon Dolan, Liam Cormican

Articles

Background Dietary nitrate has been shown to increase nitrate/nitrite levels in multiple populations, with potential blood pressure lowering effects. However, there are few reports among hypertensives. Aims We aimed to assess the effect of daily nitrate in subject with controlled hypertension vs. uncontrolled hypertension. Methods On day 0, hypertensives wore an ambulatory BP monitor (ABPM) for 24h and fasting blood was taken. Subjects then consumed concentrated beetroot juice (12.9mmol nitrate) for 14 consecutive days. On day 14 subjects consumed their last nitrate dose after fasting blood was drawn and again had an ABPM for 24h. Results According to baseline ABPM, …

Risk Registers: Structuring Data Collection To Develop Risk Intelligence, Maria Chiara Leva, Nora Balfe, B. Mcaleer, M. Rock

Articles

This paper presents the results of the development and implementation of a company-wide risk register, based on a clear set of data structures. A case study from an electricity generation company is presented and the process followed is described. The results of the case study indicated areas where the concept of risk registers could be extended to make better use of existing data and to support continuous improvement of risk management. Six key areas are discussed (1) aggregation of risks across the business, (2) supporting controls over mitigation measures, (3) improved estimation of event likelihood, (4) integrating with critical asset …

Quantification Of Copper Content With Laser Induced Breakdown Spectroscopy As A Potential Indicator Of Offal Adulteration In Beef, Maria Piedad Casado-Gavalda, Yash Dixit, David Geulen, Raquel Cama-Moncunill, Xavier Cama-Moncunill, Maria Markiewicz-Keszycka, Patrick J. Cullen, Carl Sullivan

Articles

Laser induced breakdown spectroscopy (LIBS) is an emerging technique in the field of food analysis which provides various advantages such as minimal sample preparation, chemical free, rapid detection, provision of spatial information and portability. In this study, LIBS was employed for quantitative analysis of copper content in minced beef samples spiked with beef liver over three independent batches. Copper content was determined with graphite furnace atomic absorption spectroscopy (GFAAS) in order to obtain reference values for modelling. Partial least square regression (PLSR) was performed to build a calibration and validation model. A calibration model with a high Rcv2 of 0.85 …

Cities, Inclusion And Exactions, Audrey Mcfarlane, Randall K. Johnson

Articles

Cities across the country are adopting mandatory inclusionary zoning. Yet, consensus about the appropriate constitutional standard to measure the propriety of mandatory inclusionary zoning has not been fully reached. Under one doctrinal lens, inclusionary zoning is a valid land use regulation adopted to ensure a proper balance of housing within the jurisdiction. Under another doctrinal lens, challengers seek to characterize inclusionary zoning as an exaction, a discretionary condition subject to a heightened standard of review addressing the specific negative impact caused by an individual project on the supply of affordable housing in a jurisdiction. Drawing from the experience of Baltimore, …

Child Rights Trending: Accommodating Children With Disabilities In The Global Human Rights Framework And Us Foreign Policy, Janet E. Lord

Articles

This Article proceeds in three parts. Following the introduction, Part I analyzes the concept of child rights as applied to children with disabilities in instruments antecedent to the CRPD. It goes on to examine the treatment of children with disabilities in the CRC and in the text of the CRPD. In so doing, it exposes the significant conceptual shift in how children with disabilities are characterized as agents and holders of rights in the CRPD, in contrast to prior articulations. Part II explains how this new framework is used to expose and address major human rights issues that face children …

Subjective Usability, Mental Workload Assessments And Their Impact On Objective Human Performance, Luca Longo

Articles

Self-reporting procedures and inspection methods have been largely employed in the fields of interaction and web-design for assessing the usability of interfaces. However, there seems to be a propensity to ignore features related to end-users or the context of application during the usability assessment procedure. This research proposes the adoption of the construct of mental workload as an additional aid to inform interaction and web-design. A user-study has been performed in the context of human-web interaction. The main objective was to explore the relationship between the perception of usability of the interfaces of three popular web-sites and the mental workload …

Disrupted Superior Collicular Activity May Reveal Cervical Dystonia Disease Pathomechanisms, Eavan M. Mcgovern, Owen Killian, Shruti Narashimham, Brendan Quinlivan, John Butler, Rebecca Beck, Ines Beiser, Laura W. Williams, Ronan P. Killeen, Michael Farrell, Sean O'Riordan, Richard B. Reilly, Michael Hutchinson

Articles

Cervical dystonia is a common neurological movement disorder characterised by muscle contractions causing abnormal movements and postures affecting the head and neck. The neural networks underpinning this condition are incompletely understood. While animal models suggest a role for the superior colliculus in its pathophysiology, this link has yet to be established in humans. The present experiment was designed to test the hypothesis that disrupted superior collicular processing is evident in affected patients and in relatives harbouring a disease-specific endophenotype (abnormal temporal discrimination). The study participants were 16 cervical dystonia patients, 16 unaffected first-degree relatives with abnormal temporal discrimination, 16 unaffected …

Elite Formation In The Higher Education Systems Of Ireland And The Uk: Measuring, Comparing And Decomposing Longitudinal Patterns Of Cabinet Members., Sharon Feeney, John Hogan, Brendan O'Rourke

Articles

The role of higher education systems in the formation and reproduction of governing elites, and their countervailing potential for the creation of a more egalitarian, or meritocratic, society has been an enduring subject of concern, debate and research. Many of these debates are made all the more difficult by our inability to directly compare elite formation systems within and between countries and over time. To resolve these problems, this paper employs elite formation quantitative indices to directly and transparently compare elite formation systems, namely the role of higher education systems in political elite formation over three quarters of a century …

Meat Quality Of Limousin Young Bulls Slaughtered At 6, 9 And 12 Months Of Age, Maria Markiewicz-Keszycka, Grażyna Czyżak-Runowska, Bożena Grześ, Edward Pospiech, Jolanta Komisarek

Articles

The aim of this study was to compare the quality of meat of the young Limousin bulls slaughtered at the age of 6, 9 and 12 months, with particular regard to the residual glycogen content in the meat and the value of the glycolytic potential. The study was conducted on bovine longissimus lumborum muscle. The residual glycogen content, glycolytic potential value (96 h post-mortem), pH value (45 min, 24 h, 48 h and 96 h post-mortem), IMP/ATP index (45 min post-mortem), colour parameters (L*, a* and b*), natural and cooking losses, free water content, the chemical composition, sensory parameters (aroma, …

Work Placement Reflective Assessments And Employability Enhanced Through Highlighting Graduate Attributes, Julie Dunne

Articles

This paper reports on a study which investigated the effect of activities to promote awareness of specific prioritised graduate attributes on the quality of reflection displayed in student work-placement reflective blog assessments. The focus of the paper is on the results from a thematic analysis of reflective writing assisted by NVivo software from a control and research group, using the a priori codes of ‘reflection’ and ‘graduate attributes’, as part of a Participatory Action Research study. The findings show an increase in reflection associated with graduate attributes in the research group compared to the control group. More importantly, there is …

The Antibacterial Activity Of Metal Complexes Containing 1, 10-Phenanthroline: Potential As Alternatire Therapeutics In The Era Of Antibiotic Resistance, Livia Viganon, Orla L. Howe, Pauraic Mccarron, Malachy Mccann, Michael Devereux

Articles

The “antibiotic era”, characterized by the overuse and misuse of antibiotics, over the last half-century has culminated in the present critical “era of resistance”. The treatment of bacterial infections is challenging because of a decline in the current arsenal of useful antibiotics and the slow rate of new drug development. The discovery of a new gene (mcr-1) in 2015, which enables bacteria to be highly resistant to polymyxins (such as colistin), the last line of antibiotic defence left, heralds a new level of concern as this gene is susceptible to horizontal gene transfer, with alarming potential to be spread between …

Laser-Induced Breakdown Spectroscopy (Libs) For Food Analysis: A Review, Maria Markiewicz-Keszycka, Xavier Cama-Moncunill, Maria Piedad Casado-Gavalda, Yash Dixit, Raquel Cama-Moncunill, Patrick J. Cullen, Carl Sullivan

Articles

Background Laser-induced breakdown spectroscopy (LIBS) is an atomic emission spectroscopic technique which uses a focused pulsed laser beam to generate plasma from the material. The plasma contains atoms, ions and free electrons which emit electromagnetic radiation as the plasma cools down. The emitted light is resolved by a spectrometer to form a spectrum. Recently, LIBS has become an emerging analytical technique for characterisation and identification of materials; its multi-elemental analysis, fast response, remote sensing, little to no sample preparation, low running cost and ease of use make LIBS a promising technique for the food sector.

Scope and approach The present …

Mind The Gap: An Initial Analysis Of The Transition Of A Second Level Curriculum Reform To Higher Education, Michael Carr, Fiona Faulkner, Cormac Breen, Mark Prendergast

Articles

This article details an initial analysis of the transition of a second level curriculum reform to higher education in Ireland. The reform entitled ‘Project Maths’ involved changes to what second level students learn in mathematics, how they learn it, and how they are assessed. Changes were rolled out nationally on a phased basis in September 2010. Students who were taught and assessed through the new curriculum first entered third level education in September 2012. It is important that third level mathematics lecturers are aware of the changes to the curriculum since certain topics such as vectors and matrices are no …