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Irreversible And Catastrophic: Global Warming, Terrorism, And Other Problems Eleventh Annual Lloyd K. Garrison Lecture On Environmental Law, Cass R. Sunstein

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No abstract provided.

Is Capital Punishment Morally Required? - Acts, Omissions, And Life-Life Tradeoffs Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule

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Many people believe that the death penalty should be abolished even if as recent evidence seems to suggest, it has a significant deterrent effect. But if such an effect can be established, capital punishment requires a life-life tradeoff, and a serious commitment to the sanctity of human life may well compel, rather than forbid, that form of punishment. The familiar problems with capital punishment potential error, irreversibility, arbitrariness, and racial skew-do not require abolition because the realm of homicide suffers from those same problems in even more acute form. Moral objections to the death penalty frequently depend on a sharp …

Problems With Minimalism, Cass R. Sunstein

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Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. In many contexts, however, that commitment is hard to justify, simply because it imposes severe decisionmaking burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide rulings cannot itself be made by rules or even presumptions; it requires a case-by-case inquiry. The argument is illustrated …

From "Predominance" To "Resolvability": A New Approach To Regulating Class Actions, Allan Erbsen

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This Article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized question in most proposed class actions: assuming that a class has adequate representatives, how much variance among class members' circumstances should courts tolerate? Class actions seeking monetary damages would be much less controversial if all class members were identically situated. In an imagined world of perfect homogeneity, shifting from an individualized to an aggregative mode of adjudication would promote efficiency, mitigate collective action problems, and counterbalance defendants' inherent economies-of-scale without sacrificing accuracy or redistributing entitlements among class members. In the real world, however, most classes encompass …

Future Reasoning Machines: Mind And Body, Brian Duffy, Gregory O'Hare, John Bradley, Bianca Schoen-Phelan

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In investing energy in developing reasoning machines of the future, one must abstract away from the specific solutions to specific problems and ask what are the fundamental research questions that should be addressed. This paper aims to revisit some fundamental perspectives and promote new approaches to reasoning machines and their associated form and function. Core aspects are discussed, namely the one-mind-many-bodies metaphor as introduced in the Agent Chameleon work. Within this metaphor the agent’s embodiment form may take many guises with the artificial mind or agent potentially exhibiting a nomadic existence opportunistically migrating between a myriad of instantiated embodiments. We …

Gideon In White/Gideon In Black: Race And Identity In Lawyering, Anthony V. Alfieri

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No abstract provided.

Why Lawyers Are Unhappy, Martin E.P. Seligman, Paul R. Verkuil, Terry H. Kang

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[According to the authors of this article, the growing unhappiness of lawyers, particularly young lawyers, stems from three causes: (1) Lawyers are selected for their pessimism (or "prudence") and this generalizes to the rest of their lives; (2) Young associates hold jobs that are characterized by high pressure and low decision latitude, exactly the conditions that promote poor health and poor morale; and (3) American law is to some extent a zero-sum game, and negative emotions flow from zero-sum games....

This article has been shared with practitioners as well as academics. It grows out of faculty seminars held at the …

How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar

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Before becoming governor of California, Earl Warren had spent his entire legal career, twenty-two years, in law enforcement. Professor Kamisar maintains that this experience significantly influenced Warren's work as a Supreme Court justice and gave him a unique perspective into police interrogation and other police practices. This article discusses some of Warren's experiences in law enforcement and searches for evidence of that experience in Warren's opinions. For example, when Warren was head of the Alameda County District Attorney's Office, he and his deputies not only relied on confessions in many homicide cases but also themselves interrogated homicide suspects. The seeds …

The Sec At 70: Time For Retirement?, Adam C. Pritchard

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The Article proceeds as follows. Part I explains the pathologies of the SEC and explores the relation between those pathologies and the SEC's status as an independent agency. Part II then outlines an alternative regulatory structure primarily situated within the executive branch. I also argue that such a relocation of authority would enhance regulatory effectiveness while simultaneously reducing the cost of excessive regulation. The Article concludes with some thoughts about the viability of my proposal.

Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow

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The headline-grabbing business failures of late have brought increased attention to the relatively unresolved area of multinational bankruptcies. Parmalat, Global Crossing, and United Airlines are among the few international juggernauts that have foundered. In the financial meltdowns of these cross-border institutions, assets and creditors are dispersed throughout commercial environments that rarely end neatly at national borders. There has been heated debate, both in scholarly literature and the practical battlefield, over how best to resolve these transnational insolvencies, and there is nothing yet approaching a consensus. Reform efforts of various stripes have almost uniformly failed to gain meaningful international support. At …

Confrontation After Crawford, Richard D. Friedman

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The following edit excerpt, drawn from "The Confrontation Clause Re-Rooted and Transformed," 2003-04 Cato Supreme Court Review 439 (2004), by Law School Professor Richard D. Friedman, discusses the impact, effects, and questions generated by the U.S. Supreme Court's ruling in Crawford v. Washington last year that a defendant is entitled to confront and cross-examine any testimonial statement presented against him. In Crawford, the defendant, charged with attacking another man with a knife, contested the trial court's admission of a tape-recorded statement his wife made to police without giving him the opportunity to cross-examine. The tiral court admitted the statement, and …

Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas C. Howson

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Mr. Chairman, colleagues, and friends: It is a great honor for me to be able to address this group of experts and legislators, and many colleagues and friends, on a topic I care deeply about-the regulation of so-called public companies, both outside of China and, since the early 1990s, inside of China. First, and with many of the others invited to participate in this conference today and tomorrow, I thank the Office of Legislative Affairs ("OLA") of the State Council of the People's Republic of China ("PRC") as well as the China Securities Regulatory Commission ("CSRC") for convening this very …

On Commonplace Punishment Theory, Kyron J. Huigens

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No abstract provided.

Gene Therapy And Targeted Toxins For Glioma, James Curtin, Gwendalyn King, Marianela Candolfi, Kurt Kroeger, Pedro Lowenstein, Maria Castro

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The most common primary brain tumor in adults is glioblastoma. These tumors are highly invasive and aggressive with a mean survival time of nine to twelve months from diagnosis to death. Current treatment modalities are unable to significantly prolong survival in patients diagnosed with glioblastoma. As such, glioma is an attractive target for developing novel therapeutic approaches utilizing gene therapy. This review will examine the available preclinical models for glioma including xenographs, syngeneic and genetic models. Several promising therapeutic targets are currently being pursued in pre-clinical investigations. These targets will be reviewed by mechanism of action, i.e., conditional cytotoxic, targeted …

Real-Time Reverse Transcription Pcr For Detection And Quantitative Analysis Of Equine Influenza Virus., Michelle Quinlivan, Eugene Dempsey, Fergus Ryan, Sean Arkins, Ann Cullinnane

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Equine influenza is a cause of epizootic respiratory disease of the equine. The detection of equine influenza virus using real-time Light Cycler reverse transcription (RT)-PCR technology was evaluated over two influenza seasons with the analysis of 171 samples submitted for viral respiratory disease. Increased sensitivity was found in overall viral detection with this system compared to Directigen Flu A and virus isolation, which were 40% and 23%, respectively, that of the RT-PCR. The assay was also evaluated as a viable replacement for the more traditional methods of quantifying equine influenza virus, 50% egg infectious dose and 50% tissue culture infectious …

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

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No abstract provided.

Afterword Culture By Law: Backlash As Jurisprudence, Francisco Valdes

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No abstract provided.

Telling Stories About Health Insurance: Using New Films In The Classroom, Elizabeth Pendo

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In keeping with the theme of "The Mass Media's Influence on Health Law and Policy," this essay is designed to share my experience using clips from three recent popular films as a method of enhancing coverage and discussion of legal and policy issues surrounding the private health insurance system, and to provide some practical advice for others interested in doing the same. It builds upon a presentation that I gave along with Professors Timothy S. Hall and Ross D. Silverman at the 2004 Health Law Teachers Conference entitled "Health Law, Policy and Media," and was inspired by Professor Paul Bergman's …

The Impact Of Cultural Diversity On Web Site Design, Jack Cook, Mike Finlayson

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Close your eyes. Envision a succulent two-inch slab of dripping-rare prime rib. Is your stomach rumbling, your appetite peaked, or are you offended since your fundamental belief system precludes harming animals? A single image or idea can create many diferent feelings or interpretations. Consider the diversity within your own organization, campus, or community. Does everyone agree on what is appropriate, acceptable, appetizing, or attractive? An image pleasing to one group of people may alienate or even seriously offend many others. Something as simple as color may elicit dramatically different mental images. For example, in the U.S., white is generally associated …

Cultural Studies At R.I.T./U.S.A: Of Visual Culture And Pedagogical Interventions, Amit Ray

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Abstract:

This paper examines the role of Cultural Studies in addressing the limitations of American visual culture through pedagogical interventions at Rochester Institute of Technology. Ray argues that despite globalization's potential to enhance international understanding, American visual media remains largely ethnocentric and resistant to representing the complex realities of global interconnectedness. Using the recent Iraq War as an example, he demonstrates how media coverage systematically obscured cultural, historical, and linguistic contexts while promoting martial nationalism. The author proposes using popular animated television programs like The Simpsons and South Park as pedagogical tools to expose the contradictory nature of contemporary media …

Combining Cytotoxic And Immune-Mediated Gene Therapy To Treat Brain Tumors, James Curtin, Gwendalyn King, Marianela Candolfi, Remy Greeno, Kurt Kroeger, Pedro Lowenstein, Maria Castro

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Glioblastoma (GBM) is a type of intracranial brain tumor, for which there is no cure. In spite of advances in surgery, chemotherapy and radiotherapy, patients die within a year of diagnosis. Therefore, there is a critical need to develop novel therapeutic approaches for this disease. Gene therapy, which is the use of genes or other nucleic acids as drugs, is a powerful new treatment strategy which can be developed to treat GBM. Several treatment modalities are amenable for gene therapy implementation, e.g. conditional cytotoxic approaches, targeted delivery of toxins into the tumor mass, immune stimulatory strategies, and these will all …

New Insights Into Bile Acid Amidation, Mary Hunt, Eithne O'Shea, Karianne Solaas, Bengt Kase, Stefan Alexson

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No abstract provided.

Real-Time Reverse Transcription Pcr For Detection And Quantitative Analysis Of Equine Influenza Virus, Michelle Quinlivan, Eugene Dempsey, Fergus Ryan, Sean Atkins, Ann Cullinane

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Equine influenza is a cause of epizootic respiratory disease of the equine. The detection of equine influenza virus using real-time Light Cycler reverse transcription (RT)-PCR technology was evaluated over two influenza seasons with the analysis of 171 samples submitted for viral respiratory disease. Increased sensitivity was found in overall viral detection with this system compared to Directigen Flu A and virus isolation, which were 40% and 23%, respectively, that of the RT-PCR. The assay was also evaluated as a viable replacement for the more traditional methods of quantifying equine influenza virus, 50% egg infectious dose and 50% tissue culture infectious …

Memory And Pluralism On A Property Law Frontier, The Contested Landscape Of New Mexico's Costilla Valley, Gregory A. Hicks

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This article describes the decades-long dispute between Hispano settlers of the Costilla Valley in northern New Mexico's Sangre de Cristo Land Grant and the succession of entrepreneurial owners of the grant during the late nineteenth and early twentieth centuries. Through the U.S. Freehold Land and Emigration Company and its successors, the new Dutch and American owners sought to replace patterns of land and resource use developed during the Mexican period with patterns of use intended to support Anglo colonial settlement and intense development of the region's natural resources. The Dutch and American owners faced continuing resistance from the area's Hispano …

The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers, Jr., J.B. Crosetto Iii, C.A. Holley, T.C. Kade, J.H. Kaufman, C.M. Kostelec, K.A. Michael, R.J. Sandberg, J.L. Schorr

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The 1989 Exxon Valdez oil spill caused extensive natural resource damage to the Prince William Sound. Lawsuits addressing this natural resource damage resulted in a settlement that required Exxon to pay $900 million over time to trustees charged with spending this money to restore the damaged environment of the Sound and nearby areas. The settlement included a “Reopener Clause,” which pledges Exxon to spend an additional $100 million to fund restoration or rehabilitation of resources whose injuries were not foreseeable in 1989.

This Article urges the State of Alaska and the United States to seek enforcement of the Reopener Clause, …

Isolation Of Cancer Stem Cells From Adult Glioblastoma Multiforme, Xianpeng Yuan, James Curtin, Yizhi Xiong, Gentao Liu, Sebastian Waschsmann-Hogiu, Daniel Farkas, Keith Black, John Yu

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Glioblastoma multiforme (GBM) is the most common adult primary brain tumor and is comprised of a heterogeneous population of cells. It is unclear which cells within the tumor mass are responsible for tumor initiation and maintenance. In this study, we report that brain tumor stem cells can be identified from adult GBMs. These tumor stem cells form neurospheres, possess the capacity for self-renewal, express genes associated with neural stem cells (NSCs), generate daughter cells of different phenotypes from one mother cell, and differentiate into the phenotypically diverse populations of cells similar to those present in the initial GBM. Having a …

Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich

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Satirical legal studies utilize humor and ridicule to critique the pretensions and follies of the legal profession and academia, transcending traditional boundaries and challenging established hierarchies. By blending satire with legal critique, this genre exposes the social and political dimensions of law, advocating for inclusivity and radical change. Despite facing backlash, satire remains a vital tool in legal discourse, offering fresh perspectives and engaging forms that keep legal studies dynamic and relevant.

Preaching The Gospel In A De-Christianised Parish 2 : The Healing Power Of Grace, Eamon Maher

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Jnk Regulates Hipk3 Expression And Promotes Resistance To Fas-Mediated Apoptosis In Du 145 Prostate Carcinoma Cells, James Curtin, Thomas Cotter

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Elevated endogenous JNK activity and resistance to Fas receptor-mediated apoptosis have recently been implicated in progression of prostate cancer and can promote resistance to apoptosis in response to chemotherapeutic drugs. In addition, JNK has been demonstrated to promote transformation of epithelial cells by increasing both proliferation and survival. Although numerous studies have reported a role for JNK in promoting Fas receptor-mediated apoptosis, there is a paucity in the literature studying the antiapoptotic function of JNK during Fas receptor-mediated apoptosis. Consequently, we have used the recently described specific JNK inhibitor SP600125 and RNA interference to inhibit endogenous JNK activity in the …

Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White

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I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …