Digital Commons Network^™

Opting Out Of Liability: The Forthcoming, Near-Total Demise Of The Modern Class Action, Myriam E. Gilles

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It is reasonable to expect that courts will demonstrate great solicitude for the recent innovation that I term "collective action waivers" - i.e., contractual provisions contained within arbitration agreements whereby consumers and others waive their rights to participate in any form of collective litigation or class arbitration. The history of mass tort class actions and the hegemonic expansion of pro-arbitration jurisprudence compel this conclusion. And, as the now-dominant economic model of contract law has moved the focus of courts from the value of consent to the value of efficiency, arbitration agreements found in all manner of shrink-wrap, scroll-text and bill-stuffer …

Regulatable Gene Expression Systems For Gene Therapy Applications: Progress And Future Challenges, Shyam Goverdhana, Mariana Puntel, Weidong Xiong, Jeffrey Zirger, Carlos Barcia, James Curtin, Eric Soffer, Sonali Mondkar, Gwendalyn King, Jinwei Hu, Marianela Candolfi, Diane Greengold, Pedro Lowenstein, Maria Castro

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Gene therapy aims to revert diseased phenotypes by the use of both viral and nonviral gene delivery systems. Substantial progress has been made in making gene transfer vehicles more efficient, less toxic, and nonimmunogenic and in allowing long-term transgene expression. One of the key issues in successfully implementing gene therapies in the clinical setting is to be able to regulate gene expression very tightly and consistently as and when it is needed. The regulation ought to be achievable using a compound that should be nontoxic, be able to penetrate into the desired target tissue or organ, and have a half-life …

A Government Of Limited Powers, Carl E. Schneider

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Roscoe C. Filburn owned a small farm in Ohio where he raised poultry, dairy cows, and a modest acreage of winter wheat. Some wheat he fed his animals, some he sold, and some he kept for his family's daily bread. The Agricultural Adjustment Act of 1938 limited the wheat Mr. Filburn could grow without incurring penalties, but his 1941 crop exceeded those limits. Mr. Filburn sued. He said Claude Wickard, the Secretary of Agriculture, could not enforce the AAI's limits because Congress lacked authority to regulate wheat grown for one's own use. He reasoned: In our federal system, the states …

Arts Festivals And The City, Bernadette Quinn

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There has been a remarkable rise in the number of urban arts festivals in recent decades. The outcomes of cities' engagement with arts festivals, however, remain little understood, particularly in social and cultural terms. This article reviews existing literature on urban festivals and argues that city authorities tend to disregard the social value of festivals and to construe them simply as vehicles of economic generation or as 'quick fix' solutions to city image problems. While such an approach renders certain benefits, it is ultimately quite limiting. If arts festivals are to achieve their undoubted potential in animating communities, celebrating diversity …

An Examination Of Ethical Issues Pertaining To Educational Research, Greg Gallagher

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The social sciences in general and educational researchers in particular have become more and more conscious of ethical propriety and the need for universally acceptable codes of ethical conduct in recent years. This newfound interest stems in part from criticisms of innovative contemporary research methodologies, and the fear that they may be at odds with certain fundamental ethical principles. This, in turn, has resulted in the integrity and validity of some of these new contemporary styles of research being held up to scrutiny and debated by adherents to the more conventional research methodologies. This paper begins by tracing back to …

Hard Cases And The Politics Of Righteousness, Carl E. Schneider

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The law of bioethics has been the law of cases. Interpreting the common law and the Constitution, judges have written the law of informed consent, abortion, and assisted suicide. Reacting to causes célèbres, legislatures have written the law of advance directives and end of life decisions. The long, sad death of Terri Schiavo eclipsed even the long, sad deaths of Karen Ann Quinlan and Nancy Beth Cruzan in the duration and strength of the attention and passions it evoked. What are Schiavo’s lessons? Hard cases, lawyers say, make bad law. Why? First, hard cases are atypical cases. They present abnormal …

John Mcgahern's Fictions : A Chronicle Of Four Decades Of Change In Ireland, Eamon Maher

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Material reproduced by kind permission of Doctrine and Life.

Endostatin Modulates Vegf-Mediated Barrier Dysfunction In The Retinal Microvascular Endothelium, Brenda B. Brankin, M. Campbell, P. Canning, T. Gardiner, A. Stitt

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Recent evidence indicates that the anti-angiogenic peptide endostatin may modulate some of the vasomodulatory effects of vascular endothelial growth factor (VEGF) in the retina, including reduction of blood retinal barrier function although it remains uncertain how endostatin promotes endothelial barrier properties. The current study has sought to examine how physiological levels of endostatin alters VEGF-induced inner BRB function using an in vitro model system and evaluation of occludin and ZO-1 regulatory responses. In addition, the ability of exogenous endostatin to regulate VEGF-mediated retinal vascular permeability in vivo was investigated.

Retinal microvascular endothelial cells (RMEC's) were exposed to various concentrations of …

Design Principles: Continue With Critiquing: Written Report, Peter Dee

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A written report about an object which is considered to be an example of good design focusing on two principles of design; aesthetic usability effect and affordance.

Metabolite Fingerprinting In Transgenic Nicotiana Tabacum Altered By The Escherichia Coli Glutamate Dehydrogenase Gene, R. Mungur, A. D. M. Glass, D. B. Goodenow, David A. Lightfoot

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With about 200 000 phytochemicals in existence, identifying those of biomedical significance is a mammoth task. In the postgenomic era, relating metabolite fingerprints, abundances, and profiles to genotype is also a large task. Ion analysis using Fourier transformed ion cyclotron resonance mass spectrometry (FT-ICR-MS) may provide a high-throughput approach to measure genotype dependency of the inferred metabolome if reproducible techniques can be established. Ion profile inferred metabolite fingerprints are coproducts. We used FT-ICR-MS-derived ion analysis to examine gdhA (glutamate dehydrogenase (GDH; EC 1.4.1.1)) transgenic Nicotiana tabacum (tobacco) carrying out altered glutamate, amino acid, and carbon metabolisms, that fundamentally alter plant …

Computational Design And Experimental Testing Of A Novel Axial Flow Lvad, Alexandrina Untaroiu, Houston Wood, Paul Allaire

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Thousands of cardiac failure patients per year in the United States could benefit from long-term mechanical circulatory support as destination therapy. To provide an improvement over currently available devices, we have designed a fully implantable axial-flow ventricular assist device with a magnetically levitated impeller (LEV-VAD). In contrast to currently available devices, the LEV-VAD has an unobstructed blood flow path and no secondary flow regions, generating substantially less retrograde and stagnant flow. The pump design included the extensive use of conventional pump design equations and computational fluid dynamics (CFD) modeling for predicting pressure-flow curves, hydraulic efficiencies, scalar fluid stress levels, exposure …

Mcgoliath V. David: The European Court Of Human Rights Recent Equality Of Arms Decision, Monique C. Lillard

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No abstract provided.

Ruminations On Dissemination: Limits On Administrative And Judicial Review Under The Information Quality Act, Stephen M. Johnson

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Supporters call it "one of the most significant developments in the federal rulemaking system since passage of the Administrative Procedure Act." Opponents suggest that it "may well prove the most destructive half-page of law that most people do not know is on the books." It is the Information Quality Act, enacted in 2000 as a two paragraph rider to appropriations legislation for the 2001 fiscal year. While it was supposed to improve the quality of information that the government relies upon in decision making, critics assert that the Act contributes to the ossification of rulemaking, encourages agencies to make decisions …

Recovery Of Imperiled Species Under The Endangered Species Act: The Need For A New Approach, Dale Goble

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The recovery (delisting) of a threatened or endangered species is often accompanied by the expectation that conservation management of the species will no longer be necessary. However, the magnitude and pace of human impacts on the environment make it unlikely that substantial progress will be made in delisting many species unless the definition of “recovery” includes some form of active management. Preventing delisted species from again being at risk of extinction may require continuing, species-specific management actions. We characterize such species as “conservation-reliant”, and suggest that viewing “recovery” as a continuum of states rather than as a simple “recovered/not recovered” …

A Social Networks Theory Of Privacy, Lior Strahilevitz

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What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …

Property As Entrance, Eduardo Peñalver

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No abstract provided.

The Boilerplate Puzzle, Douglas G. Baird

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Pets Or Meat, Mary Anne Case

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Regulatory Paternalism In The Market For Drugs: Lessons From Vioxx And Celebrex, Richard A. Epstein

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No abstract provided.

Justified Monopolies: Regulating Pharmaceuticals And Telecommunications, Richard A. Epstein

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No abstract provided.

Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein

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No abstract provided.

Rules, The New Standards: Partisan Gerrymandering And Judicial Manageability After Vieth V. Jubelirer, Justin Driver

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No abstract provided.

Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams

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No abstract provided.

The Right To Destroy, Lior Strahilevitz

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No abstract provided.

Hayek, Law, And Cognition, Richard A. Posner

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No abstract provided.

Free Speech And Academic Politics (Reviewing Donald Alexander Downs, Restoring Free Speech And Liberty On Campus (2005)), Geoffrey R. Stone

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No abstract provided.

Foreword: A Political Court, Richard A. Posner

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No abstract provided.

Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles (An Experiment In Real Time), Bernard E. Harcourt

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No abstract provided.

The European Court Of Human Rights Takes A Step Toward Balancing The Arms, Monique C. Lillard

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No abstract provided.

Afterword "We Are Now Of The View"*: Backlash Activism, Cultural Cleansing, And The Kulturkampf To Resurrect The Old Deal, Francisco Valdes

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No abstract provided.