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Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan Dec 2001

Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan

James M. Donovan

Few images slice as deeply into our self-image as a fair society than that of a defendant on trial for his very life depending upon the services of an attorney who naps throughout the proceedings. Although this scenario is not new, the courts have yet to resolve definitively how they should respond to a defendant burdened with snoozing counsel. This note discusses the outcome of the latest attempt. UPDATE: While a conscious lawyer is presumably a requirement of due process, some jurisdictions make no similar demand that judges remain awake: see http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2007/273.html


Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan Sep 2001

Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan

James M. Donovan

The problem of incrementalism emerges from the common practice of limiting certain rights only to groups on certified lists. Section I reviews this problem of the list, and how the failure of lists to include gay men and lesbians profoundly impacts their daily lives. Possible strategic responses to this problem (such as doing nothing, interpreting the current list to include us, eliminating the list altogether, or expanding the list to include us explicitly) are considered in Section II, concluding by focusing on a special kind of gradualism, list incrementalism. List incrementalism occurs when a right is extended to new groups …


Electrolytic Lesion Of The Anterior Cingulate Cortex Decreases Inflammatory, But Not Neuropathic Nociceptive Behavior In Rats, Renee R. Donahue, Perry N. Fuchs, Stacey C. Lagraize Jan 2001

Electrolytic Lesion Of The Anterior Cingulate Cortex Decreases Inflammatory, But Not Neuropathic Nociceptive Behavior In Rats, Renee R. Donahue, Perry N. Fuchs, Stacey C. Lagraize

Renee R. Donahue

The present study investigated the effect of lesions of the anterior cingulate cortex (ACC) on mechanical allodynia / hyperalgesia after L5 ligation or on inflammatory nociceptive responses following formalin injection in the rat. For both the neuropathic and inflammatory pain models, three groups of animals were used. The control groups consisted of a group of sham lesioned animals and a group of animals that had unilateral damage to the ACC or unilateral / bilateral damage to surrounding cortical tissue. The third group consisted of animals that had at least 75% bilateral damage of the ACC. Subjects received L5 ligation or …


Enhanced Formalin Nociceptive Responses Following L5 Nerve Ligation In The Rat Reveals Neuropathy-Induced Inflammatory Hyperalgesia, Renee R. Donahue, Perry N. Fuchs Jan 2001

Enhanced Formalin Nociceptive Responses Following L5 Nerve Ligation In The Rat Reveals Neuropathy-Induced Inflammatory Hyperalgesia, Renee R. Donahue, Perry N. Fuchs

Renee R. Donahue

The development of mechanical and thermal hypersensitivity following peripheral nerve injury is well known and a great deal of research has been directed towards understanding the mechanisms underlying these phenomena. However, there has been very little research examining if hypersensitivity to an inflammatory condition following nerve injury also develops. Therefore, the purpose of the present study was to determine if hypersensitivity to an inflammatory condition produced in the formalin test develops following ligation of the L5 spinal nerve. Male Sprague–Dawley rats received tight ligation of the L5 spinal nerve or were given sham surgery. Following a 14-day recovery period, the …