Digital Commons Network^™

Silver Nanoparticles Induce Pro-Inflammatory Gene Expression And Inflammasome Activation In Human Monocytes, A. Murphy, A. Casey, G. Byrne, Gordon Chambers, Orla L. Howe

Articles

A complete cytotoxic profile of exposure to silver (AgNP) nanoparticles investigating their biological effects on the innate immune response of circulating white blood cells is required to form a complete understanding of the risk posed. This was explored by measuring AgNP-stimulated gene expression of the pro-inflammatory cytokines interleukin-1 (IL-1), interleukin-6 (IL-6) and tumour necrosis factor-alpha (TNF-α) in THP-1 monocytes. A further study, on human monocytes extracted from a cohort of blood samples, was carried out to compare with the AgNP immune response in THP-1 cells along with the detection of pro-IL-1β which is a key mediator of the inflammasome complex. …

Rebellious Pedagogy And Practice, Anthony V. Alfieri

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Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Deference To Claims Of Substantial Religious Burden, Caroline Mala Corbin

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No abstract provided.

Hillenmeyer, "Convenience Of The Employer," And The Taxation Of Nonresidents' Incomes, Edward A. Zelinsky

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In Hillenmeyer v. Cleveland Board of Review, Ohio’s Supreme Court unanimously declared that Cleveland’s municipal income tax violated the Due Process Clause of the U.S. Constitution by taxing a nonresident athlete under the “games-played” method rather than the “duty-days” method. According to the Ohio court, the games-played approach overtaxed Mr. Hillenmeyer by allocating to Cleveland Mr. Hillenmeyer’s compensation from the Chicago Bears using the percentage of the Bears’ games played in Cleveland. By this approach, Cleveland taxed Mr. Hillenmeyer extraterritorially, reaching income he earned from services he performed for the Bears outside of Cleveland’s borders. Due Process, the Ohio …

A Theory Of Copyright Authorship, Christopher Buccafusco

Articles

The U.S. Constitution gives Congress the power to grant rights to “Authors” for their “Writings.” Despite the centrality of these terms to copyright jurisprudence, neither the courts nor scholars have provided coherent theories about what makes a person an author or what makes a thing a writing. This article articulates and defends a theory of copyrightable authorship. It argues that authorship involves the intentional creation of mental effects in an audience. A writing, then, is any fixed medium capable of producing mental effects. According to this theory, copyright may attach to the original, fixed, and minimally creative form or manner …

The Unwritten Federal Arbitration Act, Anthony J. Sebok

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The article examines the tension between the Federal Arbitration Act (FAA) and state public policy, particularly in consumer arbitration cases. It argues that while the FAA prioritizes arbitration agreements, state public policy can override such agreements when they undermine fairness or due process. The analysis focuses on the implications of ATT Mobility v. Concepcion, which upheld the enforceability of class action waivers under the FAA, and explores how state laws and policies continue to influence arbitration outcomes, especially regarding consolidation and assignment of consumer claims.

Retirement In The Land Of Lincoln: The Illinois Secure Choice Savings Program Act, Edward A. Zelinsky

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In 2015, Illinois became the first state to enact a state-mandated and state-operated retirement system for private sector employers: The Illinois Secure Choice Savings Program Act. The Illinois program resembles a system approved by the California legislature—a system that has not yet been enacted since it is conditioned on an additional vote by the legislature. Illinois’ program and the one proposed in California have notable differences in that (1) the Illinois retirement accounts will qualify as individual retirement accounts (“IRAs”) under the Internal Revenue Code (“Code”); (2) the Illinois IRAs will be Roth IRAs; (3) the California program requires participation …

The Day Doctrine Died: Private Arbitration And The End Of Law, Myriam E. Gilles

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This story begins in 1980, when a budding anti-lawsuit movement found an energetic champion in a new conservative President. Over time, the movement became a dominant feature of political life, as its narrative of activist judges, jackpot justice, and a thriving lawsuit industry stirred partisan passions. And yet, some thirty years on, it is clear that the primary legacy of the anti-lawsuit movement is the movement itself--not legislative achievements, which have been few and far between, but committed adherents, including future Supreme Court Justices, lower court judges, and business leaders.

Meanwhile, and also in the early 1980s, federal courts began …

Abortion, Informed Consent, And Regulatory Spillover, Katherine Shaw, Alex Stein

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The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.

This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v. Casey and other …

Innovation, The State And Private Enterprise: A Corporate Lawyer's Perspective, Charles M. Yablon

Articles

This is a review essay based on an important recent book, The Entrepreneurial State: Debunking Public vs. Private Sector Myths, by Mariana Mazzucato, a Professor of the Economics of Innovation. In that book, Professor Mazzucato explains how the U.S. Government, acting as an “entrepreneurial state” has made the critical investments in technologies that have given rise to multi-billion dollar new industries. Mazzucato argues that only the State currently has the funds and incentives necessary to finance the earliest and most important phases of the innovation process, investments the private sector cannot and will not make. Mazzucato’s defense of the centrality …

The Continuing Battle Over Economically Targeted Investments: An Analysis Of The Department Of Labor's Interpretative Bulletin 2015-01, Edward A. Zelinsky

Articles

In Interpretive Bulletin 2015-01 (IB 2015-01), the U.S. Department of Labor (DOL) renewed the now two-decades old battle over “economically targeted investments” (ETIs). As a matter of statutory interpretation, IB 2015-01, like its predecessors, is unpersuasive. The Employee Retirement Income Security Act of 1974 (ERISA) requires plan trustees to invest “solely” to provide participants’ retirement benefits. A trustee who invests in ETIs violates this statutory obligation by pursuing collateral economic benefits for persons other than plan participants. As a matter of policy, the social investing which ETIs exemplify is unsound. At best, such social investing in practice merely shuffles investment …

Class Warfare: The Disappearance Of Low-Income Litigants From The Civil Docket, Myriam Gilles

Articles

In recent years, much attention has been paid to the startling disparities in income and wealth in contemporary U.S. society. The enormous concentration of economic power in the top 1% is the culmination of decades of significant income and wealth gains for the top, combined with stagnant or decreasing growth for the majority - a trend that continues apace. But nowhere is the gap more glaring than in the civil docket, where class actions brought by or on behalf of low-income consumers and employees are on the verge of disappearing.

To be sure, the decline in class actions is only …

New Approach Of Modifying The Anatase To Rutile Transition Temperature In Tio2 Photocatalysts, Ciara Byrne, Rachel Fagan, Steven Hinder, Declan Mccormack, Suresh Pillai

Articles

In pure synthetic titanium dioxide, the anatase to rutile phase transition usually occurs between the temperatures of 600 °C and 700 °C. The phase transition temperature can be altered by various methods, including modifying the precursor or by adding dopant or modifier to the TiO2 sample. In an attempt to investigate the phase transition using aromatic carboxylic acids, the current study examines the impact of increasing concentrations of benzoic acid (1 : 0, 1 : 1, 1 : 4 and 1 : 8 molar ratio TiO2 : benzoic acid) on anatase to rutile transition. The samples were characterised using Raman …

Regulating Employment Relationships In The Sharing Economy, Deepa Das Acevedo

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No abstract provided.

Small Firms Poised To Thrive In Today's Legal Market, Pamela Bucy Pierson, Emily Kornegay Price

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No abstract provided.

Four Ironies Of Campus Climate, Richard Delgado, Jean Stefancic

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Building on previous scholarship Jean Stefancic and I develop a comprehensive model for accommodating the main competing views First Amendment absolutism and minority protection that vie for ascendancy in the debate over campus climate

Tiers Of Scrutiny In A Hierarchical Judiciary Symposium: Is The Rational Basis Test Unconstitutional, Tara Leigh Grove

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No abstract provided.

No Home For Justice: How Eviction Perpetuates Health Inequity Among Low-Income And Minority Tenants, Allyson E. Gold

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No abstract provided.

The Failings Of Alabama Water Law, Heather Elliott

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Alabama policymakers have for decades discussed how to improve Alabama's water law but have made no progress in finding solutions A persistent theme in the hesitation to adopt waterpolicy legislation is that we must better understand our water resources before we can take action Our waterpolicy problems however have very little to do with the nature of our water resources and everything to do with our legal regime Alabama uses nineteenthcentury common law to govern its water resources and that common law is inadequate to deal with twentyfirstcentury water uses The current common law renders unlawful many existing diversions of …

Causation Actually, J. Shahar Dillbary

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The article debunks the consensus that in concerted action concurrent causes and alternative liability situations the actual causation requirement is missing While courts and scholars insist that in these cases tort law holds liable parties who clearly did not cause the victim's harm this article offers a novel approach Using a simple model and applying it to leading decisions it shows that a party who did not and could not even potentially injure the victim could nevertheless be a butfor reason for the harm The article also challenges claims that causation theories like concerted action substantial factor and alternative liability …

Applying The U.S. Constitution To Foreign Asylum Seekers: Exposing A Curious, Inconsistent Practice In The Federal Courts, Shalini Bhargava Ray

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No abstract provided.

Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney K. Cross

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Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because …

The Hole-In-The-Wall Gang View Of Life And America's Racial Future, Richard Delgado, Jean Stefancic

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No abstract provided.

Nonconformity In American Law And Life: How Much Do We Really Value Diversity: 2016 Meador Lecture Meador Lecture Series 2016-2017: Identity, Richard Delgado

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No abstract provided.

The Tribes Of Maycomb County: The Continuing Quest To Transcend Our Differences, Steven H. Hobbs

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No abstract provided.

Beyond The Black Box, Or, When Shrouded Clauses Are Pro-Consumer, Luke Herrine

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This article compares two clauses in credit card contracts providing for alternative dispute resolution (ADR). Arbitration clauses use ADR to cut off consumer remedies, while reversal clauses use ADR to expand them. Holding constant the possibility of earning extra money by exploiting consumer biases, it is argued that the coexistence of these two clauses must be explained in terms of which aspects of a firm's institutional structure leads it to instantiate this possibility. Viewing a firm as a forum to mediate the interests of the constituencies that either own or contract with it, one can ask how the aggregate interests …

Credit Reporting's Vicious Cycles, Luke Herrine

Articles

This article argues that, despite being the least discriminatory form of underwriting in history, consumer credit reporting can reinforce and deepen systemic inequalities. Credit reports can create two sorts of vicious cycles, which can contribute to cycles of poverty and deepen race-based disenfranchisement. The first takes place in credit markets themselves. Even on a neoclassical model of credit reporting, and especially on a model that accounts for cognitive imperfections, credit reports can amplify past problems with debt, most of which can be traced to broader forces that shape economic inequality. The second cycle arises when credit reports are used in …

Prosecutorial Misconduct: The Best Defense Is A Good Defense, Fredrick E. Vars

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No abstract provided.

Clientless Prosecutors, Russell M. Gold

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No abstract provided.

The Trouble With Tacking: A Reconsideration Of Trademark Priority, Alan L. Durham

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When trademarks cannot co-exist because they are confusingly similar, priority generally depends upon first use. However, through the practice known as “tacking,” the junior user can sometimes prevail based on its earlier adoption of a similar, but technically distinct trademark. The Supreme Court recently determined that tacking is a question of fact to be resolved by a jury, under the guidance of “careful jury instructions that make [the] standard clear.” Courts say the standard for tacking is “exceedingly strict,” and that tacking is allowed only when the earlier mark and the revised mark are so similar that they convey the …