Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

PDF

Series

2006

Faculty Scholarship

Discipline
Institution
Keyword

Articles 31 - 60 of 768

Full-Text Articles in Entire DC Network

Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson Oct 2006

Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings Sep 2006

Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings

Faculty Scholarship

Careful examination of Justice Clarence Thomas's dissenting opinion in the landmark affirmative action case Grutter v. Bollinger is important for a number of reasons: First, as one of the youngest members of the U.S. Supreme Court, Thomas stands a reasonable chance of still being a member of the court in 25 years, the self imposed implosion date (sunset provision) established by Justice O'Connor's majority opinion. No doubt, Thomas relishes the idea of writing the majority opinion that kills affirmative action and racial preferences for good.

Second, much as Justice Harlan's dissenting opinion in Plessy v ...


Still 'Ain't No Glory In Pain': How The Telecommunications Act Of 1996 And Other 1990s Deregulation Faciliated The Market Crash Of 2002, André Douglas Pond Cummings Sep 2006

Still 'Ain't No Glory In Pain': How The Telecommunications Act Of 1996 And Other 1990s Deregulation Faciliated The Market Crash Of 2002, André Douglas Pond Cummings

Faculty Scholarship

This article investigates the various flaws inherent in two short-sighted Congressional enactments, The Telecommunications Act of 1996 and the Commodities Futures Modernization Act of 2000 (CFMA). The article concludes that the Telecommunications Act and the CFMA, together with various 1990s deregulation legislation, led in large part to the collapse of the U.S. capital markets in 2002.

The article continues a comprehensive review undertaken in the recently published Ain't No Glory In Pain: How the 1994 Republican Revolution, the Private Securities Litigation Reform Act of 1995 and Certain 1990s Deregulation Contributed to the Collapse of the Unites States' Capital ...


Effekte Und Kosten Universaler Prävention Von Internalisierungsstörungen Bei Kindern Und Jugendlichen (Effects And Costs Of Universal Prevention Of Internalization Disorders In Children And Adolescents)., Patrick Pössel, Silvia Schneider, Simone Seemann Sep 2006

Effekte Und Kosten Universaler Prävention Von Internalisierungsstörungen Bei Kindern Und Jugendlichen (Effects And Costs Of Universal Prevention Of Internalization Disorders In Children And Adolescents)., Patrick Pössel, Silvia Schneider, Simone Seemann

Faculty Scholarship

Internalisierungsstörungen gehören zu den häufigsten Störungen des Kindes- und Jugendalters und stellen bedeutende Risikofaktoren für das Auftreten von psychischen Störungen des Erwachsenenalters dar. Nach einer Begriffsbestimmung der verschiedenen Ansätze zur Prävention psychischer Störungen wird in dem vorliegenden Beitrag der internationale Forschungsstand zur universalen Prävention von Internalisierungsstörungen zusammengefasst. Um die Wirkung der Präventionsprogramme untereinander vergleichbar zu machen und die Kosten-Nutzen-Relation zu berechnen wurde Hedge’s g für die verfügbaren Vergleiche über die Zeit berechnet. Anschließend wurde Hedge’s g der Kontrollgruppe von dem g der Interventionsgruppe subrahiert um so die Nettoeffektstärke des Präventionsprogramms zu erhalten. Außerdem wurde die Anzahl der Gruppenleiter ...


Section 632: An Expanded Basis Of Federal Jurisdiction For National Banks, Steven M. Davidoff Solomon Sep 2006

Section 632: An Expanded Basis Of Federal Jurisdiction For National Banks, Steven M. Davidoff Solomon

Faculty Scholarship

The author explains how national banks can invoke Section 632 jurisdiction more readily than in the past, thus providing a wider avenue for them to gain access to a federal forum.


Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins Sep 2006

Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins

Faculty Scholarship

No abstract provided.


Charity, Philanthropy, Public Service Or Enterprise: What Are The Big Questions Of Nonprofit Management Today?, Roger A. Lohmann Sep 2006

Charity, Philanthropy, Public Service Or Enterprise: What Are The Big Questions Of Nonprofit Management Today?, Roger A. Lohmann

Faculty Scholarship

This essay takes a birds-eye view of the topic of nonprofit management, looking at what I see as the big issues of nonprofit management.


The Alfonse And Gaston Of Governmental Response To National Public Health Emergencies: Lessons Learned From Hurricane Katrina For The Federal Government And The States, Michael Greenberger Aug 2006

The Alfonse And Gaston Of Governmental Response To National Public Health Emergencies: Lessons Learned From Hurricane Katrina For The Federal Government And The States, Michael Greenberger

Faculty Scholarship

Hurricane Katrina renewed an old debate concerning which level of government should lead the response effort to catastrophic disasters. Traditionally, emergency response is handled at the most local level possible. Hurricane Katrina, however, and other catastrophes that may be labeled "Incidents of National Significance," are examples of emergencies of such magnitude that federal assets must be brought to bear to respond adequately to the situation. As such Incidents will almost always affect interstate commerce, Congress' commerce powers justify federal intervention in, and if necessary, supervision of the response. In such situations, the National Response Plan provides for extensive coordination between ...


Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman Aug 2006

Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman

Faculty Scholarship

Price disparities—price “differentiation” or “discrimination”—in pharmaceuticals markets have, in recent years, been the subject of much discussion. Price sensitivity should come as no surprise: Medicines play an increasingly important role in healthcare, while pharmaceuticals prices continue to rise. When prices vary greatly within markets or between neighboring markets, the pressure towards arbitrage is clear. This paper considers the question whether the re-importation of medicines from Canada or the EU is well advised and argues that it is not. First, we might reasonably question the extent to which we wish, as a matter of policy, to manage pharmaceuticals pricing ...


Sexually Predatory Parents And The Children In Their Care: Remove The Threat, Not The Child, Robin Fretwell Wilson Aug 2006

Sexually Predatory Parents And The Children In Their Care: Remove The Threat, Not The Child, Robin Fretwell Wilson

Faculty Scholarship

This Chapter examines one of the most critical questions Child Protective Services agencies face thousands of times a day: whether to remove a child who is a possible victim of abuse or neglect from his or her home. Few decisions are as determinative of a child's well-being and long-term success as the decision to remove a child from his or her own home following an allegation of abuse by a parent. This Chapter shows that the choice to remove the child rather than the alleged offender is driven largely by two suppositions: misunderstandings about the legality of excluding alleged ...


The Logistical And Ethical Difficulties Of Informing Juveniles About The Consequences Of Adjudications, Michael Pinard Aug 2006

The Logistical And Ethical Difficulties Of Informing Juveniles About The Consequences Of Adjudications, Michael Pinard

Faculty Scholarship

In this article, Professor Michael Pinard observes that the recent attention devoted to the collateral consequences of criminal convictions has overlooked the ways in which these consequences impact juvenile offenders. The article recognizes the emergent arguments for informing adult defendants of these consequences as part of the guilty plea or sentencing process, and argues that juvenile defendants should also be informed of the collateral consequences that attach to their adjudications. However, the article asserts that there are ethical and logistical questions unique to the juvenile justice process that would pose difficulties in conveying this information to juveniles. These issues (or ...


From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger Aug 2006

From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger

Faculty Scholarship

No abstract provided.


National Security And The Rehnquist Court, John Yoo Aug 2006

National Security And The Rehnquist Court, John Yoo

Faculty Scholarship

No abstract provided.


Fairness Opinions, Steven M. Davidoff Solomon Aug 2006

Fairness Opinions, Steven M. Davidoff Solomon

Faculty Scholarship

This Article re-examines the fairness opinion, as well as its role and necessity. Corporate law and regulation, as well as attitudes with respect thereto, have advanced from the hallmark time of Van Gorkom. Finance, a young discipline, has also progressed markedly, and previously held assumptions and methodologies have been rejected, refined, or revised. This Article also analyzes the fairness opinion in light of these developments in law and finance. I conclude that current fairness opinion practice is still deeply flawed. Fairness opinions, and their underlying valuation analyses, are prone to subjectivity and are frequently prepared utilizing methodologies that simply do ...


In This Issue , Christopher Tomlins Aug 2006

In This Issue , Christopher Tomlins

Faculty Scholarship

No abstract provided.


Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn Jul 2006

Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn

Faculty Scholarship

Civil Gideon advocates have at each turn faced the scourge of Lassiter v. Department of Social Services, which established (apparently out of whole cloth) a presumption that indigent litigants are entitled to appointed counsel only when physical liberty is at stake. This article proposes side-stepping that presumption by seeking a right to counsel on appeal via Douglas v. California, not a right to counsel at trial via Gideon v. Wainwright. Once established, a civil right to counsel on appeal would presage the inevitable downfall of Lassiter and the establishment of Civil Gideon. This article poses the argument in federal constitutional ...


Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee Jul 2006

Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee

Faculty Scholarship

This essay inquires into the political economy and system of governance that have made catastrophes more frequent and severe. The system of governance that is designed to mitigate risk and respond to catastrophes can be ineffective, or worse, increase the risk of harm through unintended consequences. Human influence must be considered a source of collateral risk, the kind that leads to a systemic crisis or exacerbates one. This essay concludes with some brief proposals, discussion topics more than completed ideas, which may facilitate further academic and political dialogue on effective governance and public risk management. They include a catastrophe tax ...


What We Talk About When We Talk About Workplace Privacy, Anita Bernstein Jul 2006

What We Talk About When We Talk About Workplace Privacy, Anita Bernstein

Faculty Scholarship

No abstract provided.


Rethinking Rational Discrimination Against Ex-Offenders, Jocelyn Simonson Jul 2006

Rethinking Rational Discrimination Against Ex-Offenders, Jocelyn Simonson

Faculty Scholarship

No abstract provided.


Introduction : Cross-Language Relations In Composition., Bruce Horner Jul 2006

Introduction : Cross-Language Relations In Composition., Bruce Horner

Faculty Scholarship

No abstract provided.


Living English Work., Min-Zhan Lu Jul 2006

Living English Work., Min-Zhan Lu

Faculty Scholarship

Keeping in mind the Chinese character-combination yuyan, with its multiple meanings of language, parts of language, the processes of language, and the products of those processes, the author depicts English as kept alive by many people and by many different ways of using it in a wide range of personal, social, and historical contexts. She proposes four lines of inquiry “against the grain” of English-only instruction—that living-English users weigh what English can do for them against what it has done to them; that they weigh what English can do against what it cannot do; that they understand English as ...


How To Make The Losing Oral Argument, Coleen M. Barger Jul 2006

How To Make The Losing Oral Argument, Coleen M. Barger

Faculty Scholarship

No abstract provided.


Desert, Democracy, And Sentencing Reform, Alice Ristroph Jul 2006

Desert, Democracy, And Sentencing Reform, Alice Ristroph

Faculty Scholarship

No abstract provided.


Offenses Involving Immigration, Naturalization And Passports: Model Sentencing Guidelines 211, 212, 213, 214, Nora V. Demleitner Jun 2006

Offenses Involving Immigration, Naturalization And Passports: Model Sentencing Guidelines 211, 212, 213, 214, Nora V. Demleitner

Faculty Scholarship

This article is part of the Model Sentencing Guidelines Working Group's project which is designed to develop a guidelines regime that would simplify the existing federal sentencing guidelines. Among the most frequently used guidelines in today's federal sentencing system are those pertaining to immigration offenses. Some of these guidelines are difficult and cumbersome to apply as the Commission asks courts to use too many sentencing factors, often without distinguishing them in importance. The proliferation of such factors has also restricted the power of federal courts to make their own decisions as to the severity of individual offenses. For ...


Potential Factors Influencing Nest Defense In Diurnal North American Raptors, Joan L. Morrison, Madeline Terry, Patricia L. Kennedy Jun 2006

Potential Factors Influencing Nest Defense In Diurnal North American Raptors, Joan L. Morrison, Madeline Terry, Patricia L. Kennedy

Faculty Scholarship

Nesting habitat, predator type, and level of reproductive effort influence nest defense behaviors in many bird species, yet no study has examined these or other possible factors influencing nest defense in a cross-species comparison for raptors. Using data from the literature, we grouped the nest defense behaviors of 19 diurnal North American raptors into four categories based on a gradient of aggressiveness. For each species, we identified the cover types where nesting occurred, accessibility of nest location, assessed two indices of reproductive effort, and examined associations between these factors and nest-defense behavior. We also we examined responses by raptor species ...


Representative Patent Claims: Their Use In Appeals To The Board And In Infringement Litigation, Patricia E. Campbell Jun 2006

Representative Patent Claims: Their Use In Appeals To The Board And In Infringement Litigation, Patricia E. Campbell

Faculty Scholarship

In general every patent claim is considered a separate invention. However, in certain instances, multiple claims are grouped together and the patentee’s rights are determined with respect to these “representative claims.” This article examines the representative claims procedure utilized in patent prosecution and litigation. The recent changes in the rules governing the appeals of a rejected patent claim before the Board of Patent Appeals and Interferences are highlighted first, followed by an examination of the use of representative claims in patent litigation and proposals for some guidelines for the selection of representative claims.


National Institutes Of Health State-Of-The-Science Conference Statement: Cesarean Delivery On Maternal Request, Karen H. Rothenberg Jun 2006

National Institutes Of Health State-Of-The-Science Conference Statement: Cesarean Delivery On Maternal Request, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith Render Jun 2006

The Man, The State And You: The Role Of The State In Regulating Gender Hierarchies, Meredith Render

Faculty Scholarship

This paper begins with the thesis that an andocentric-assimilation model of women’s liberation both has affected workplace outcomes for women and has desensitized us to those outcomes. The paper then applies that thesis to understandings of “equality” within a hierarchical framework, arguing that the equality-liberty dichotomy is false in the context of gender discrimination in the workplace. Instead the paper argues that disparate treatment is a liberty concern. In seeking to have our professional fates married to the fates of our male colleagues – which is what workplace equality doctrines aim to do – women are seeking to be only as ...


An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard Jun 2006

An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard

Faculty Scholarship

This article examines the emergent focus on the collateral consequences of criminal convictions and the reentry of formerly incarcerated individuals. Specifically, the article details the ways in which legal scholars, policy analysts, elected officials, legal services organizations and community based organizations have begun to address these components of the criminal justice system. The article argues that these various groups have compartmentalized collateral consequences and reentry by focusing almost exclusively on one component to the exclusion of the other. In doing so, they have narrowed the lens through which to view these components, and have therefore missed opportunities to develop integrated ...


Positively Punitive: How The Inventor Of Scientific Criminology Who Died At The Beginning Of The Twentieth Century Continues To Haunt American Crime Control At The Beginning Of The Twenty-First, Jonathan Simon Jun 2006

Positively Punitive: How The Inventor Of Scientific Criminology Who Died At The Beginning Of The Twentieth Century Continues To Haunt American Crime Control At The Beginning Of The Twenty-First, Jonathan Simon

Faculty Scholarship

The article presents a historical interpretation of changes in the penal system of the U.S. Penology is linked with incarceration rate outcomes. Rhetoric is considered in consistency with penalty themes and rehabilitation. The practice of positivist criminology is reflected when proponents viewed themselves as opposition to legal officials' crime control policy ideas.