Digital Commons Network^™

Origins Of Obscenity, Geoffrey R. Stone

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No abstract provided.

How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein

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No abstract provided.

Posner On Beanie Babies, William M. Landes

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No abstract provided.

Science And Morality: Pragmatic Reflections On Rorty's 'Pragmatism', Brian Leiter

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No abstract provided.

Theories Of Learning And Curriculum Design - Key Positionalities And Their Relationships, Tony Cunningham, Julie Gannon, Mary B. Kavanagh, John Greene, Louise Reddy, Laurence Whitson

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One of the challenges academics face when designing pedagogies and curricula is how best to articulate their own positionalities regarding the different ways theories or models of learning inform both the process of design as well as the product. It is difficult to find a text book or design resource that illustrates the relationships between the main theories of learning and how they might inform a coherent approach to programme design in higher education. For that reason we decided to produce this summative guide to learning theories and a chart illustrating their relevance for pedagogies and for curriculum design. The …

Recovery In A Cynical Time - With Apologies To Eric Arthur Blair, Dale Goble

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No abstract provided.

Faith In Community: Representing "Colored Town", Anthony V. Alfieri

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No abstract provided.

Egalitarianism And Exclusion: U.S. Guest Worker Programs And A Non-Subordination Approach To The Labor-Based Admission Of Nonprofessional Foreign National, Andrew Elmore

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No abstract provided.

Baugruppe - Lessons From Freiburg On Cooperative Housing : Lessons From Freiburg On Cooperative Housing, Joseph Little

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Creating Sustainable Communities in the UK and Ireland

The Genesis of Quartier Vauban

World Vs. The United States And China - The Complex Climate Change Incentives Of The Leading Greenhouse Gas Emitters, The, Cass R. Sunstein

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It is generally agreed that the world would be better off with an international agreement to control greenhouse gas emissions. But it is not entirely clear that the leading emitters-the United States and China-would be better off with the agreement that would be in the world's interest. The first problem is that as the largest emitters, the United States and China would probably have to bear a disproportionate cost of any significant emissions reduction effort. The second problem is that on prominent projections, the United States and China are unlikely to be the most serious losers from climate change. According …

Looking Back To See The Future Of Punishment In America, Michael Tonry

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No abstract provided.

Crime, Criminal Justice, And Criminology In The Netherlands, Michael Tonry, Catrien Bijleveld

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No abstract provided.

An Analysis Of The Determinants Of Mis Faculty Salary Offers, Thomas Tribunella, M. Pamela Neely, Clyde Eiríkur Hull

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Much research has been published related to compensation in academic fields such as finance, accounting and economics; however, little attention has been paid to Management Information Systems (MIS). Conspicuously absent from the literature are in-depth studies of faculty compensation and its relationship to research productivity for MIS faculty. This study examines compensation, rank, and publication data collected from the Association for Information Systems (AIS) 2003-2004, 2004-2005, 2005-2006 MIS Salary Surveys. MIS faculty who were newly employed or changed positions filled out the online survey at the AIS Web site on a self-selected productivity and institutional teaching load are reported as …

Patents, Tax Shelters, And The Firm, Dan L. Burk, Brett Mcdonnell

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Since the landmark State Street decision of the United States Court of Appeals for the Federal Circuit, patentable subject matter has encompassed business methods, including tax investment strategies. Patents provide approximately twenty years of exclusive rights in the claimed method, in return for public disclosure in a published patent. Typically, the efficacy of specialized investment strategies will be diminished as they become generally known and so widely practiced; for this reason, many tax investment methods have been implemented under confidentiality agreements in order to prevent them from becoming widely practiced. However, patenting of such strategies may allow them to be …

Measuring Bullet Speed With A Dynafax Camera, Andrew Davidhazy

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The Dynafax camera by Beckman and Whitley, and now manufactured by Cordin Corporation. is a marvel of photographic engineering. Capable of up to 35,000 pictures per second it has unique characteristics detailed in this article along with an application where it is used to determine the speed of a .22 caliber high velocity bullet. Added here in November 2007.

Good Guidance, Good Grief!, Stephen M. Johnson

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This article examines the problems created by the White House reforms and prior reforms proposed by Congress, ACUS and academics, and outlines the advantages and disadvantages of the alternative APA amendments outlined above. Part II of the article explores the basic differences between legislative rules, interpretive rules and policy statements and the reasons for the trend away from legislative rules. Part III introduces the long-standing concerns regarding interpretive rules and policy statements. Part IV examines the proposals and initiatives of ACUS, academics, and the various branches of the Federal government to address those concerns; and Part V identifies the weaknesses …

Increased Mitochondrial Mass In Cells With Functionally Compromised Mitochondria After Exposure To Both Direct Y Radiation And Bystander Factors, Sharon Nugent, Carmel Mothersill, C. Seymour, B. Mcclean, Fiona Lyng, James Murphy

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The bystander effect describes radiation-like damage in unirradiated cells either in the vicinity of irradiated cells or exposed to medium from irradiated cells. This study aimed to further characterize the poorly understood mitochondrial response to both direct irradiation and bystander factor(s) in human keratinocytes (HPV-G) and Chinese hamster ovarian cells (CHO-K1). Oxygen consumption rates were determined during periods of state 4, state 3 and uncoupled respiration. Mitochondrial mass was determined using MitoTracker FM. CHO-K1 cells showed significantly reduced oxygen consumption rates 4 h after exposure to 5 Gy direct radiation and irradiated cell conditioned medium (ICCM) and an apparent recovery …

In Vitro Toxicity Evaluation Of Single Walled Carbon Nanotubes On Human A549 Lung Cells, Maria Davoren, Eva Herzog, Alan Casey, Benjamin Cottineau, Gordon Chambers, Hugh Byrne, Fiona Lyng

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This paper describes the in vitro cytotoxicity assessment of single walled carbon nanotubes (SWCNT) on A549 cells, a human lung cell line. Cellular viability was determined using the alamar blue (AB), neutral red (NR) and MTT assays, which evaluated metabolic, lyso-somal and mitochondrial activity respectively. In addition, the total protein content of the cells was measured using the coomassie bril-liant (CB) blue assay. Supernatants were also assayed for Adenylate Kinase (AK) release and Interleukin 8 (IL-8) which indicated a loss of cell membrane integrity and an in Xammation response respectively.

Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes

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No abstract provided.

Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas

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The threat of future terrorist attacks has sped the proliferation of random, suspicionless searches and seizures, such as those now made of New York City subway riders. Courts assess the legality of such searches with an inherently flawed balancing test developed to assess searches and seizures made without "probable cause." Although scholars and Justices alike have decried the resort to balancing individual interests against the government's need to search, no alternative framework has been proposed. This Article proposes a more principled, objective inquiry for determining when suspicionless searches can be made. To eliminate the need for balancing, this Article advances …

Revisiting Kelo And Eminent Domain's Summer Of Scrutiny, Alberto B. Lopez

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No abstract provided.

Famous Trademarks And The Rational Basis For Protecting Irrational Beliefs, J. Shahar Dillbary

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Contrary to the traditional view, this article argues that mega-brands are neither economic evils nor limited to imparting information about the products they adom. It also rejects the view that famous marks persuade "snobs" to "irrationally" pay more for the same physical product they could have purchased for less. Rather, it adopts the view that in purchasing a branded good, the consumer is actually purchasing a bundle of three prod- ucts: a physical product, information about the physical product, and an intangible product, such as fame, prestige, peace of mind, or a pleasant feel- ing. This article explores the demand …

Is A Gift Forever?, William I. Miller

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What are the rules regarding gifts you receive? Can you give them away? If so, must you conceal that you have done so from the original giver? Or is there a statute of limitations, after which any right the original giver has to feel wronged or to burden you with guilt for undervaluing it by giving it away rightly expires? Even an heirloom might exhaust its sacredness. Sometimes the sacred has a half-life, as might be the case, for instance, with your grandmother’s dining set. Can the giver ask for his gifts back if you try to give them away? …

The Nondischargeability Of Student Loans In Personal Bankruptcy Proceedings: The Search For A Theory, John A. E. Pottow

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In fiscal year 2002, approximately 5.8 million Americans borrowed $38 billion (USD) in federal student loans. This was more than triple the $11.7 billion borrowed in 1990. As a rule of thumb, tuition has been increasing at roughly double the rate of inflation in recent years. This troubling trend of accelerating tuition, coupled with the fact that real income has stagnated for men and increased only modestly for women over the past two decades, means that more and more students are going to need to turn to borrowed money to finance their degrees absent a radical restructuring of the postsecondary …

Congressional Power To Extend Preclearance: A Response To Professor Karlan, Ellen D. Katz

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Is the core provision of the Voting Rights Act unconstitutional? Many people now think that the Act's preclearance requirement is invalid, but Professor Karlan is not among them. In part, that is because she is not convinced the problems that originally motivated Congress to impose preclearance have been fully remedied. Professor Karlan points out the many ways section 5 of the Voting Rights Act (VRA) shapes behavior in the jurisdictions subject to the statute--not just by blocking discriminatory electoral changes, but also by influencing less transparent conduct by various political actors operating in these regions. Do not be so sure, …

The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort

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This article responds to Judge Tacoma’s suggested changes in Michigan law. It begins with a very brief history of child welfare legislation at the federal and state levels. Next, it points out a number of errors in Judge Tacoma’s understanding of the current state of Michigan’s child welfare law.2 It is necessary to point out these errors because it seems that his misstatements of the law form the foundation for his recommended reforms. Then it will respond point-by-point to many of Judge Tacoma’s recommendations. Finally, I will off er several suggestions for addressing the problem of legal orphans that do …

Interdisciplinary Clinical Teaching Of Child Welfare Practice To Law And Social Work Students When World Views Collide, Kathleen Coulborn Faller, Frank E. Vandervort

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Because child welfare cases in the world of professional practice require interdisciplinary collaboration, it would seem to follow that graduate students, who will become child welfare professionals, should be trained together, both in the classroom and in clinical settings. However, the implementation of interdisciplinary training is far from straightforward. In this Article, we focus on law and social work students. First, we describe the roles of lawyers and social worker in child welfare work. Next we argue that interdisciplinary classroom teaching is easier than clinical teaching, proposing a series of topics to be covered in an interdisciplinary course. Finally, we …

Void For Vagueness, Carl E. Schneider

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When law regulates a profession, where does it get its standards? Largely from the profession. Members of professions acquire esoteric and abstract knowledge through formal education and the experience of practice. They use professional judgment in applying this knowledge to each case. Because legislatures and courts lack this expertise, they adopt the standards of the experts. Thus in a malpractice suit, juries are instructed to determine whether the doctor met medicine's standard of care. Furthermore, physicians must be called as expert witnesses to guide juries in that work. Even when lawmakers contemplated intensifying their regulation of medicine by creating the …

Legal Commitments And Religious Commitments, Jospeh Vining

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In his elegant and accessible new book, Law's Quandary, Steven Smith groups our various senses of what is real for us into ontological families: the mundane; the scientific, including mathematics; and the religious. These supply "lumberyards," as it were, for thought and discussion about the world and action in it. Law itself is not one of them. Those involved in law, as citizens or professionals practicing law or speaking for or about law, are presented in the book as looking out from law to the ontological resources available in the lumberyards he describes.

The Kerr Principle, State Action, And Legal Rights, Donald J. Herzog

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A Baltimore library refused to admit Louise Kerr to a training program because she was black. Not that it had anything against blacks, but its patrons did. When Kerr launched a civil suit against the library alleging a violation of equal protection of the laws, the courts credited the library's claim that it had no racist purpose, but Kerr still prevailed-even though the case occurred before Title VII and Brown v. Board of Education. Here a neutral and generally applicable rule ("serve the patrons"), when coupled with particular facts about private parties (the white patrons dislike blacks), yielded an …