Digital Commons Network^™

Concepts, Categories, And Compliance In The Regulatory State, Kristin Hickman, Claire Hill

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Law is, of course, always a product of its history. But for some regimes, history matters both more and differently than for others. In some instances, the requirements and scope of a regulatory regime’s coverage are sufficiently attenuated from statutory text and purpose that they can only be explained or understood by reference to history. At its (perhaps caricatured) extreme, such a regime is one in which regulated parties expend significant efforts attempting to comply with the law and often succeed in complying at the most minimal level possible, to the point that compliance is perceived as optional and, to …

The Truth About Haiti, Irwin P. Stotzky

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No abstract provided.

Race, Sex, And The Division Of Labor: A Comment On Joan Williams's Reshaping The Work-Family Debate Crowdsourcing The Work-Family Debate: A Colloquy, Richard Delgado

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No abstract provided.

The Filaments Of The Vicarious, Jospeh Vining

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Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I hope what you are doing for me is also for you and your work and your encourage-ment about the decades behind you or to come. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and …

The Consequence Of Human Differences, Jospeh Vining

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This essay explores the ways in which the recognition of individual and person in the legal form of thought distinguishes it from forms of thought in evolutionary biology and mathematics that are put forward as means to a complete picture of the world. The essay observes that the legal form of thought is in fact deeply involved in our modern understanding of Nature itself.

Real Copyright Reform, Jessica D. Litman

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A copyright system is designed to produce an ecology that nurtures the creation, dissemination, and enjoyment of works of authorship. When it works well, it encourages creators to generate new works, assists intermediaries in disseminating them widely, and supports readers, listeners, and viewers in enjoying them. If the system poses difficult entry barriers to creators, imposes demanding impediments on intermediaries, or inflicts burdensome conditions and hurdles on readers, then the system fails to achieve at least some of its purposes. The current U.S. copyright statute is flawed in all three respects. In this Article, I explore how the current copyright …

Article I, Article Iii, And The Limits Of Enumeration, Gil Seinfeld

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Article I, Section 8 and Article Ill, Section 2 of the U.S. Constitution deploy parallel strategies for constraining the power of the federal government. They enumerate powers that the national legislature and judiciary, respectively, are permitted to exercise and thereby implicitly prohibit these two branches of government from exercising powers not enumerated. According to conventional thinking, this strategy has failed in connection with Article I and succeeded in connection with Article III. That is, it is widely acknowledged that Congress routinely exercises powers that are difficult to square with the Article I enumeration; but it is commonly thought that the …

State Bystander Responsibility, Monica Hakimi

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International human rights law requires states to protect people from abuses committed by third parties. Decision-makers widely agree that states have such obligations, but no framework exists for identifying when states have them or what they require. The practice is to varying degrees splintered, inconsistent, and conceptually confused. This article presents a generalized framework to fill that void. The article argues that whether a state must protect someone from third-party harm depends on the state's relationship with the third party and on the kind of harm caused. A duty-holding state must take reasonable measures to restrain the abuser. That framework …

Editorial: Nutrition Research Reviews, Katherine Younger

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No abstract provided.

Motion In Augmented Reality Games: An Engine For Creating Plausible Physical Interactions In Augmented Reality Games, Brian Mac Namee, David Beaney, Qingqing Dong

Articles

The next generation of Augmented Reality (AR) games will require real and virtual objects to coexist in motion in immersive game environments. This will require the illusion that real and virtual objects interact physically together in a plausible way. The Motion in Augmented Reality Games (MARG) engine described in this paper has been developed to allow these kinds of game environments. The paper describes the design and implementation of the MARG engine and presents two proof-of-concept AR games that have been developed using it. Evaluations of these games have been performed and are presented to show that the MARG engine …

Forty Years Of Movie Hacking: Considering The Potential Implications Of The Popular Media Representation Of Computer Hackers From 1968 To 2008, Damian Gordon

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Increasingly movies are being produced which feature plots that incorporate elements of computer security and hacking, and cumulatively these movies are creating a public perception as to the nature of computer security. This research examines movies that feature hackers (and hacking) to identify if any common themes emerge from these movies in their representation of these issues. To achieve this, first a corpus of hacking movies is created, and then using a qualitative data analysis technique, guidelines are developed which distinguish those movies that actually have the potential to create a perception with the general public. The resultant dataset is …

Assessing The Application Of 3d Collaborative Interfaces Within An Immersive Virtual University, Gavin Mcardle, Bianca Schoen-Phelan, Michela Bortolotto

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The need to stimulate and engage students is of paramount importance within any learning scenario. Despite this, recent developments in online learning have failed to take this requirement into account. As a result e-learning courses which utilise traditional online learning management systems have a higher dropout rate than their classroom based counterparts. The attrition rate is attributed to boredom with the interfaces used to deliver learning material and also to the lack of opportunities to interact socially with others. Furthermore, being in a virtual environment imposes a whole new set of challenges onto users due to the distinct lack of …

Discovering Identity In Civil Procedure (Book Review), Anthony V. Alfieri

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No abstract provided.

Class Dismissed: Contemporary Judicial Hostility To Small-Claims Consumer Class Actions, Myriam E. Gilles

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I start from the view that small-value consumer claims are a primary reason that class actions exist, and that without class actions many - if not most - of the wrongs perpetrated upon small-claims consumers would not be capable of redress. It would then seem to follow that the class action device should be readily available in small-claims consumer cases. And yet, over the past decade, federal district courts have repeatedly declined to certify class actions on grounds that are specific to small-claims consumer cases. Foremost among those grounds is the notion that the federal class action rule carries within …

Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandated Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman

Articles

In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual’s right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship.

Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act’s integration mandate, this Article argues that …

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Articles

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …

Disciplines And Jurisdictions: An Historical Note, Peter Goodrich

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No abstract provided.

Apportioning Liability Behind A Veil Of Uncertainty, J. Shahar Dillbary

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This article challenges the reason that led most states to abandon the "no contribution" rule Under the rule if a victim obtains a judgment against two tortfeasors but chooses even arbitrarily or out of spite to recover only from one the "chosen one" must pay the entire judgment while the other is exempt although both are liable This is the case even if the paying tortfeasor is only 1 at fault while the nonpaying tortfeasor is 99 at fault The rule has been lamented by tort reform crusaders as immoral and unfair One tortfeasor the argument goes should not bear …

Transparency, Accountability, And Competency: An Essay On The Obama Administration, Google Government, And The Difficulties Of Securing Effective Governance Symposium: What Change Will Come: The Obama Administration And The Future Of The Administrative State, Ronald J. Krotoszynski Jr.

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No abstract provided.

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

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No abstract provided.

Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus

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The indigent defense delivery system in the United States is in a state of crisis. Public defenders routinely handle well over 1,000 cases a year, more than three times the number of cases that the American Bar Association says one attorney can handle effectively. As a result, many defendants sit in jail for months before even speaking to their court-appointed lawyers. And when defendants do meet their attorneys, they are often disappointed to learn that these lawyers are too overwhelmed to provide adequate representation. With public defenders or assigned counsel representing more than 80% of criminal defendants nationwide, the indigent …

Constitutional Theology: The Revival Of Whig History In American Public Law, William J. Novak

Articles

One of the things I admire about the profession of history is that there are no admissions requirements. Like being a novelist or a member of Congress, the door is open to almost anyone who wants to try their hand at the art or craft. In a world of an increasingly specialized division of professional labor, that is a relatively rare and special thing. Though I teach in a law school, for example, I would be in trouble if I tried to pass myself off as a lawyer. Though I could perhaps irritatingly refer to myself as a doctor owing …

The Bible As A Law Book - Thomas Aquinas On The Juridical Uses Of Scripture, William S. Brewbaker Iii

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No abstract provided.

An Evaluation Of Miru-Vntr Analysis And Spoligotyping For Genotyping Of Mycobacterium Bovis Isolates And A Comparison With Rflp Typing., Joanne Mclernon, Eamonn Costello, Orla Flynn, Gillian Madigan, Fergus Ryan

Articles

Strain typing of Mycobacterium bovis isolates based on the variable-number tandem repeats of mycobacterial interspersed repetitive units (MIRU-VNTR) and on spoligotyping was evaluated in this study and these typing methods were compared with restriction fragment length polymorphism (RFLP) typing. A total of 386 M. bovis isolates from cattle, badgers and deer in the Republic of Ireland that had previously been typed by IS6110, polymorphic GC-rich sequence (PGRS) and direct repeat (DR) RFLP were included in the study. Spoligotyping and analysis of six VNTR loci (2163a, 2163b, 2165, 4052, 2996 and 1895) was performed on the samples. RFLP was the method …

Food Consumption Trends And Drivers, John Kearney

Articles

A picture of food consumption (availability) trends and projections to 2050, both globally and for different regions of the world along with the drivers largely responsible for these observed consumption trends are the subject of this review. Throughout the world, major shifts in dietary patterns are occurring, even in the consumption of basic staples towards more diversified diets. Accompanying these changes in food consumption at a global and regional level have been considerable health consequences. Populations in those countries undergoing rapid transition are experiencing nutritional transition. The diverse nature of this transition may be the result of differences in socio …

Genetic Connections Between Neurological Disorders And Cholesterol Metabolism, Ingemar Bjorkhem, Valerio Leoni, Steve Meaney

Articles

Cholesterol is an essential component of both the peripheral and central nervous systems of mammals. Over the last decade, evidence has accumulated that disturbances in cholesterol metabolism are associated with the development of various neurological conditions. In addition to genetically defined defects in cholesterol synthesis, which will be covered in another review in this Thematic Series, defects in cholesterol metabolism (cerebrotendinous xanthomatosis) and intracellular transport (Niemann Pick Syndrome) lead to neurological disease. A subform of hereditary spastic paresis (type SPG5) and Huntington's disease are neurological diseases with mutations in genes that are of importance for cholesterol metabolism. Neurodegeneration is generally …

Hypercapnic Acidosis Reduces Oxidative Reactions In Endotoxin-Induced Lung Injury, Alistair D. Nichol, Donall F. O'Cronin, Finola Naughton, Natalie Hopkins, John Boylan, Paul Mcloughlin

Articles

Hypercapnic acidosis frequently occurs when patients with acute lung injury are initially ventilated with low tidal volume "protective" strategies. Hypercapnic acidosis per se, in the absence of any change in tidal volume or airway pressure, is protective when instituted before the onset of injury. However, the mechanisms by which hypercapnic acidosis confers this protection are incompletely understood, in particular, the effects on pulmonary oxidative reactions, which are potent mediators of tissue damage, have not been previously examined in vivo.

If I Had A Hammer: Can Shepardizing, Synthesis, And Other Tools Of Legal Writing Help Build Hope For Law Students?, Edward R. Becker

Articles

Are lawyers mechanics? In 1920, photographer Lewis Hines took a striking photo of a powerhouse mechanic sure-handedly wielding a large wrench to tighten bolts on a steam pump. This picture may bring to mind many things, but I suspect that many legal writing professors in our (past or present) incarnations as practicing attorneys would not look at this image and think, "My job is a lot like that." Similarly, I assume that many of our students do not think of a lawyer's role in this way. Indeed, many of our students might have chosen to pursue a career in law …

The Future Of Disparate Impact, Richard A. Primus

Articles

The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VIl's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.

Rodrigo's Reconsideration: Intersectionality And The Future Of Critical Race Theory, Richard Delgado

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No abstract provided.