Digital Commons Network^™

Public Primacy In Corporate Law, Dorothy S. Lund

Faculty Scholarship

This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …

Transaction-Specific Tax Reform In Three Steps: The Case Of Constructive Ownership, Thomas J. Brennan, David M. Schizer

Faculty Scholarship

Similar investments are often taxed differently, rendering our system less efficient and fair. In principle, fundamental reforms could solve this problem, but they face familiar obstacles. So instead of major surgery, Congress usually responds with a Band-Aid, denying favorable treatment to some transactions, while preserving it for others. These loophole-plugging rules have become a staple of tax reform in recent years. But unfortunately, they often are ineffective or even counterproductive. How can Congress do better? As a case study, we analyze Section 1260, which targets a tax-advantaged way to invest in hedge funds. This analysis is especially timely because a …

Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias

Faculty Scholarship

In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these efforts — “labor’s” efforts for short — seek not only to redefine the contours of labor law. They also present an incipient challenge to our constitutional order. If realized, labor’s vision would extend democratic values, including freedom of speech and association, into the putatively private domain of the workplace. It would …

Courting Censorship, Philip A. Hamburger

Faculty Scholarship

Has Supreme Court doctrine invited censorship? Not deliberately, of course. Still, it must be asked whether current doctrine has courted censorship — in the same way one might speak of it courting disaster.

The Court has repeatedly declared its devotion to the freedom of speech, so the suggestion that its doctrines have failed to block censorship may seem surprising. The Court’s precedents, however, have left room for government suppression, even to the point of seeming to legitimize it.

This Article is especially critical of the state action doctrine best known from Blum v. Yaretsky. That doctrine mistakenly elevates coercion …

Comment On Part 4 Essays: Goodwin And Dailey And Rosenbury, Elizabeth S. Scott

Faculty Scholarship

Professors Michelle Goodwin and Anne Dailey and President Laura Rosenbury have written two compelling essays on Part 4 of the Restatement of Children and the Law, dealing with Children in Society. Goodwin’s essay, She’s So Exceptional: Rape and Incest Exceptions Post-Dobbs, focuses on § 19.02 of the Restatement, dealing with the right of minors to reproductive health treatments. This Section was approved by the American Law Institute before the Supreme Court decided Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade. In her essay, Goodwin explores the harms that will follow if minors’ right of access …

The Harm Of "Nothing Burgers", Joshua Gupta-Kagan

Faculty Scholarship

Child protective services (CPS) agencies subject a wide scope of families to investigation, and the vast majority do not lead to family separations or family court cases. A 2017 study, for instance, showing that 37% of all children and 53% of Black children are the subject of CPS investigations in their childhoods, has now been cited hundreds of times. Kelley Fong’s new book, Investigating Families, is based on the months she spent embedded with CPS investigators responding to allegations that parents abused or (more often) neglected their children, and the interviews she conducted with both investigators and the parents …

Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein

Articles

Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive, and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …

Regulating Driving Automation Safety, Matthew Wansley

Articles

Over forty thousand people die in motor vehicle crashes in the United States each year, and over two million are injured. The careful deployment of driving automation systems could prevent many of these deaths and injuries, but only if it is accompanied by effective regulation. Conventional vehicle safety standards are inadequate because they can only test how technology performs in a controlled environment. To assess the safety of a driving automation system, regulators must observe how it performs in a range of unpredictable, real world edge cases. The National Highway Traffic Safety Administration (NHTSA) is trying to adapt by experimenting …

Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok

Articles

Controversy over public nuisance in recent high profile cases invites the question of whether, and to what extent, it is limited by its roots in tort law. This article, which was prepared for the 2023 Clifford Symposium on “New Torts” focuses on causes of action in which the state seeks to enjoin the defendant by requiring that it abate the consequences of the invasion of a public right. In the most controversial of these public nuisance actions, such as lead paint and opioids, the wrongful conduct that is remedied by the injunctive relief has already ceased, and the state does …

Upcycling Imperfect Broccoli And Carrots Into Healthy Snacks Using An Innovative 3d Food Printing Approach, Safoura Ahmadzadeh, Taylor Clary, Alex Rosales, Ali Ubeyitogullari

Food Science Faculty Publications and Presentations

Vegetables are healthy foods with nutritional benefits; however, nearly one-third of the world's vegetables are lost each year, and some of the losses happen due to the imperfect shape of the vegetables. In this study, imperfect vegetables (i.e., broccoli and carrots) were upcycled into freeze-dried powders to improve their shelf-life before they were formed into food inks for 3D printing. The rheology of the food inks, color analysis of the uncooked and cooked designs, and texture analysis of the cooked designs were determined. The inks with 50% and 75% vegetables provided the best printability and shape fidelity. 3D printing at …

Nebraska Snapshot #24-001: Is Nebraska Heading In The Right Direction?, Bureau Of Sociological Research

Nebraska Annual Social Indicators Survey (NASIS)

No abstract provided.

Tort Claims Arising From Military Aircraft Crashes Are Not Preempted By The Federal Aviation Act, Timothy A. Loranger, Crawford Appleby

Journal of Air Law and Commerce

The Second Circuit's landmark ruling in Jones v. Goodrich Pump & Engine Control Sys., Inc. establishes crucial precedent by asserting that tort claims stemming from military aircraft crashes are not field or conflict preempted by the Federal Aviation Act (the Act). This decision, the first of its kind at the appellate level, carries far-reaching implications. The court’s rationale, grounded in the Act’s plain language, emphasizes that “public aircraft,” including military ones, are exempt from Federal Aviation Administration regulation. Title 49, section 44701(a)(1), explicitly excludes public aircraft from the Act’s purview. While the court’s analysis relies on the Act’s text, it …

Book-And-Claim System For Sustainable Aviation Fuels, Christine Kranich, Sarah J. Haas

Journal of Air Law and Commerce

This Article provides an overview of the regulatory (legal) framework in which the decarbonisation of aviation is embedded, with a focus on European law. The Article further provides updates on EU-ETS, CORISA, RED III and the minimum quota of SAF supply in accordance with Refuel EU Aviation up to October 2023. Sustainable Aviation Fuels (SAF) will be described in detail in this Article, and it is further explained that the use of SAF could significantly contribute to aviation becoming “greener”. As the availability of SAF is still rather scarce, the Article revolves around a mechanism of a global book-and-claim system …

The Case Law Of The Court Of Justice Of The Eu On Art. 17 Of The 1999 Montreal Convention: An Evaluation From A Comparative Perspective, Michael Chatzipanagiotis

Journal of Air Law and Commerce

This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article 17(1) of the 1999 Montreal Convention (MC99) regarding the liability of international air carriers for death or bodily injury to passengers. The interpretational principles and methods applied by the CJEU are examined, accounting also for the particularities of the EU legal order. Furthermore, the results reached by the CJEU are compared with the case law of other jurisdictions, mainly the US, and doctrinal writings. Nonetheless, this paper does not explore the pertinent issues from a de lege ferenda perspective.

The paper concludes …

Still Far From Home – How Personal Jurisdiction Doctrine Undercuts The Montreal Convention’S “Fifth Jurisdiction” For “Wandering Americans”, Hans Huggler

Journal of Air Law and Commerce

The rapid growth of global air travel in the mid-20th century gave rise to the problem of the “wandering American”—American residents whose air travel injury claims could not be heard in United States courts under the Warsaw Convention’s Article 28. Prominent cases prompted adoption of a “fifth jurisdiction” in the Montreal Convention’s Article 33, allowing injury suits in the Contracting State where an injured passenger had her “principal and permanent residence” so long as the international carrier served the forum. U.S. officials toasted their success in providing Americans with a domestic forum, but the adoption of the fifth jurisdiction did …

Addressing Space Tourism’S Environmental Effects: Marine Environment Regulations As A Basis For Regulating Orbital Space Debris, Elena Mak

Journal of Air Law and Commerce

With the success of private suborbital space flight, the space industry is now facing unprecedented growth as billionaires strive to accomplish the task of sending astrotourists into space. However, given the novelty of this objective, the current domestic and international legal regimes governing outer space and space travel are both confusing and outdated, and thus, they have not adequately accounted for space tourism activities. Given the projected growth of this industry, detrimental and dangerous environmental effects—such as an increase in orbital space debris—have become a pressing concern. These effects will not only affect the global climate on Earth but will …

Space ‘Tourism’: A Framework For Ensuring ‘Safe And Orderly Development’ Lessons Learnt From The U.S. And Aviation, Sarah J. Fox

Journal of Air Law and Commerce

In August 2023, following its successful mission, Virgin Galactic announced the intention to provide scheduled services into space. Yet, this paper sets out to present evidence to argue that, from an international (U.N.) perspective, there has been a lack of activity to establish safeguards and to ensure a fit for purpose governance and oversight mechanism is in place for this new and growing sector—space tourism. The research is undertaken by way of a comparison law/policy analysis which factors in key historic events across both aviation and space. The main focus is given to the developments and approach of …

Curiousity Killed The (Fat) Cat: Promoting Safety Over Profit In The Space Tourism Industry, Ryan Puente

Journal of Air Law and Commerce

Humans have never been more capable than they are now of dominating the extreme environments of the universe. This newfound capacity to enter the depths of the oceans and exit the familiar grasp of the atmosphere has led to an unprecedented ability to explore the corners of the universe. This ability brings excitement and opportunity but also presents many potentially fatal risks associated with the unknowns of the extreme environments being explored. The space tourism industry, like other extreme tourism industries, faces the challenge of navigating the forefront of human exploration in a sustainable way that preserves the lives and …

It Comes With Baggage: The Heavy Weight Implications Of Weighing Airline Passengers, Brooke Sutter

Journal of Air Law and Commerce

The aviation industry is one of the most regulated industries that exists in modern society. Before an airplane can take a passenger from one destination to another, diligent and thorough checks are performed on the aircraft, the runway, the pilots, the crewmembers, the luggage, the route, and the numerous other points of potential risk. Due in part to this diligence, air travel is also one of the safest forms of travel. However, one point of potential risk that is underregulated and overlooked in the safety calculation is the weight of the passengers. The act of weighing passengers is not just …

Associations Of Childhood Physical Activity And Screen Time With Cardiometabolic Health In Preteens Who Were Born To Mothers With Previous Macrosomic Delivery: Findings From The Rolo Longitudinal Birth Cohort Study, Sophie Callanan, Sarah Louise Killeen, Anna Delahunt, Eileen C. O'Brien, Aisling A. Geraghty, Rosemary Cushion, Amy Gainfort, Rachel K. Crowley, Patrick J. Twomey, Ciara M. Mcdonnell, Fionnuala M. Mcauliffe

Articles

Background: Macrosomia (birthweight ≥4 kg) may alter the associations of physical activity (PA) and screen time (ST) throughout childhood with later cardiometabolic risk. Objective: To investigate associations of PA and ST over a 4–6-year follow-up period with cardiometabolic outcomes in preteens (9–11-year-olds) who were born to mothers with previous macrosomic delivery. Methods: This is an analysis of 402 preteens from the ROLO study, who were born to mothers that previously delivered an infant with macrosomia. Parental-reported measures of PA and ST were obtained in early childhood at 5-years of age. Preteen self-reported PA, parental-reported ST, anthropometry, dual-energy x-ray absorptiometry, blood …

An Exploration Of Fibre Intake And Bowel Function In A Sample Of Adults At An Irish University Campus, Ellen Lynch, Sophie Mulligan, Suzanne L. Doyle

Articles

Background: Bowel dysfunction can significantly impair quality of life. Adequate fibre intake is associated with good bowel health but intakes have been reported to be low in Ireland. Aim: This study aimed to gather data on fibre intake and bowel habits in a cohort of adults at a university campus in Dublin, Ireland. Methods: An online questionnaire was developed by adapting validated tools to assess habitual fibre intake and bowel function. The questionnaire was circulated through mailing lists and advertised via QR codes on campus in February/March 2023. Data was analysed using SPSS, p < 0.05 was considered statistically significant. Results: In total, 275 valid responses were received. Low fibre intakes (< 19 g/day) were found in 50.5% of participants. A significantly higher proportion of males had low fibre intake compared to females (62.2% vs 44.8%, p = 0.039). Nearly a third (30.2%) of respondents experienced mild symptoms of bowel dysfunction, and 13.1% experienced moderate to severe symptoms. An inverse relationship was observed between fibre intake (g/day) and bowel dysfunction (p = 0.033). Conclusions: In this cohort, low fibre intakes and some degree of bowel dysfunction were prevalent. Public health campaigns to increase fibre intake could prove to be a cost-effective way to improve bowel function and health amongst adults in Ireland.

Nutrient Intakes And Gastrointestinal Symptoms Among Esophagogastric Cancer Survivors Up To 5 Years Post-Surgery, A. E. Bennett, L. O'Neill, S. L. Doyle, E. M. Guinan, J. O'Sullivan, J. V. Reynolds, J. Hussey

Articles

A cross-sectional analysis explored nutritional intakes and gastrointestinal (GI) symptoms among esophagogastric cancer survivors up to 12, 13–36, and 37+ months post-surgery. Participants were identified from the Upper GI Cancer Registry at St James' Hospital, Ireland. The Short Nutritional Assessment Questionnaire, European Prospective Investigation of Cancer Food Frequency Questionnaire, World Cancer Research Fund/American Institute for Cancer Research (WCRF/AICR) Score, and Gastrointestinal Symptoms Rating Scale assessed malnutrition risk, nutritional intake, adherence to (secondary) cancer prevention recommendations, and GI symptoms, respectively. Most (82.5%, n33) participants (n40) were male. Mean age was 65.5 ± 9.3 years. Time post-surgery ranged from 6-62 months. Half …

Outcomes Of The Leap Feasibility Trial—A Low-Threshold, Exercise Programme With Protein Supplementation To Target Frailty And Poor Physical Functioning In People Experiencing Homelessness And Addiction Issues, Fiona Kennedy, Clíona Ní Cheallaigh, Roman Romero-Ortuno, Suzanne L. Doyle, Julie Broderick

Articles

Background People experiencing homelessness are more likely to experience poor health with physical functioning deficits and frailty commonly reported. It is not well known how strategies to target physical functioning deficits and frailty work in practice in this group. The primary aim of this study was to explore the feasibility of an exercise intervention with protein supplementation to target physical functioning and frailty in people experiencing homelessness evaluated by recruitment and retention rates, adherence to the exercise sessions and protein supplement, adverse effects, programme feedback and characteristics of non-returners, sporadic and frequent attenders. The secondary aim was to evaluate changes …

Proposed Methodologies To Cure The No-Fly List’S Current Violations Of The Due Process Clause For Affected U.S. Citizens, Sierra Stone

Journal of Air Law and Commerce

Often, the No-Fly List is a helpful tool that increases the safety of commercial aviation for U.S. citizens flying domestically and internationally. The TSA and various intergovernmental agencies utilize a nomination process and those who meet the requisite criteria are added to a database and can be entered into the No-Fly List. Once being placed on the “List,” an individual is no longer allowed to board a flight flying anywhere within or over U.S. airspace. However, for a small number of people, this deprivation of the ability to fly came unjustifiably and without realistic opportunities to be removed from the …

A Food-Exchange Model For Achieving The Recommended Dietary Intakes For Saturated Fat In Irish Children: Analysis From The Cross-Sectional National Children's Food Survey Ii, Aileen O'Connor, Maria Buffini, Anne P. Nugent, Laura Kehoe, Albert Flynn, Janette Walton, John Kearney, Breige Mcnulty

Articles

Objective: To identify the main foods determining saturated fatty acid (SFA) intakes and model the impact of food exchanges to improve compliance with dietary fat recommendations in Irish children. Design: Estimated food and nutrient intakes were obtained from a cross-sectional study, the National Children's Food Survey II. Participants were categorised into low, medium, and high SFA consumers, and the contribution of food categories to SFA intakes were compared. A food-exchange model was developed, whereby a selected range of high SFA foods were exchanged with lower SFA or unsaturated fat alternatives. Setting: Participants were randomly selected from primary schools throughout the …

The Iris Clinic: A Protocol For A Mixed-Methods Study Evaluating The Management Of Hyperemesis Gravidarum, Eileen C. O'Brien, Jean Doherty, Sarah Louise Killeen, Melanie Bennett, Lillian Murtagh, Sinead Curran, Suzanne Murphy, Helen Mchale, Lucille Sheehy

Articles

Background: Hyperemesis Gravidarum (HG) is a severe form of nausea and vomiting in pregnancy that affects 0.3–3% of women and has profound nutritional, physical and psychological consequences. Research is lacking regarding the most effective management of the condition. In response to patient feedback, a multidisciplinary HG day-case service (IRIS Clinic) was launched in 2020 at The National Maternity Hospital, Ireland. The clinic provides routine, day-case care in a comfortable space with pre-booked appointments. The MDT involves midwives, dietitians, perinatal mental health, obstetrics and pharmacy, and the nature of the clinic enables peer-to-peer support. As this clinic is the first of …

Dietary Amino Acids, Macronutrients, Vaginal Birth, And Breastfeeding Are Associated With The Vaginal Microbiome In Early Pregnancy, Gillian A. Corbett, Rebecca Moore, Conor Feehily, Sarah Louise Killeen, Eileen O'Brien, Douwe Van Sinderen, Elizabeth Matthews, Roisin O'Flaherty, Pauline M. Rudd, Radka Saldova, Calum J. Walsh, Elaine M. Lawton, David A. Macintyre, Siobhan Corcoran, Paul D. Cotter, Fionnuala M. Mcauliffe

Articles

The vaginal microbiome is a key player in the etiology of spontaneous preterm birth. This study aimed to illustrate maternal environmental factors associated with vaginal microbiota composition and function in pregnancy. Women in healthy pregnancy had vaginal microbial sampling from the posterior vaginal fornix performed at 16 weeks gestation. After shotgun metagenomic sequencing, heatmaps of relative abundance data were generated. Community state type (CST) was assigned, and alpha diversity was calculated. Demography, obstetric history, well-being, exercise, and diet using food frequency questionnaires were collected and compared against microbial parameters. A total of 119 pregnant participants had vaginal metagenomic sequencing performed. …

Perceptions Of Healthy And Sustainable Eating: A Qualitative Study Of Irish Adults, Daniel Hazley, Mairead Stack, John M. Kearney

Articles

No abstract provided.

Diet Quality And Blood Pressure Among Pregnant Women With Overweight Or Obesity: A Secondary Analysis Of Two Randomized Controlled Trials, Sorcha Lynch, Sarah Louise Killeen, Eileen O'Brien, Kate Mullane, Emma Hokey, Grace Mealy, Fionnuala M. Mcauliffe

Articles

Introduction: Maternal obesity is a significant risk factor for hypertensive disorders of pregnancy. High diet quality may protect against this, yet data regarding the relationship between diet quality and blood pressure among pregnant women with raised body mass index (BMI) is limited. Material and methods: This is a secondary analysis (n = 543) of women with BMI ≥25 kg/m2 from two randomized controlled trials; PEARS (Pregnancy Exercise and nutrition Research Study with smartphone application support) and ROLO (Randomized cOntrol trial of LOw glycemic index diet to prevent macrosomia in euglycemic women). Blood pressure was measured at 10–18 weeks and 28 …

What Makes A City ‘Breastfeeding-Friendly'?: A Scoping Review Of Indicators Of A Breastfeeding-Friendly City, May Loong Tan, Izz Amirah Mohd Shukri, Jacqueline J. Ho, Elizabeth J. O'Sullivan, Amal Omer-Salim, Fionnuala M Mcauliffe

Articles

A breastfeeding-friendly city is one where there is an enabling environment to support breastfeeding throughout the first 2 years or more of a child's life. Indicators of a breastfeeding-friendly city have yet to be identified. What are the indicators or criteria used to define breastfeeding friendliness in a geographic area such as a city and the settings within, which we have classified as community, healthcare and workplace? Three major databases and grey literature were searched. Records were screened to identify publications describing criteria such as indicators or descriptions of a breastfeeding-friendly setting, defined as ‘criteria-sets'. These criteria-sets were then categorized …