Digital Commons Network^™

The Rehnquist Court And Administrative Law, Michael Herz

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No abstract provided.

Benumbed, Carl E. Schneider

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I originally intended to write a column on tort liability and research ethics, and I still plan to do so. But this column is a cri de coeur as I finish another semester teaching law and bioethics. This year, I asked with growing frequency, urgency, and exasperation, "Must law's reverence for autonomy squeeze out the impulse to kindness? Where is the beneficence in bioethics?" These questions assail me every term. Why? Consider Steele v. Hamilton County Community Mental Health Board. Mr. Steele was involuntarily "hospitalized after his family reported that he was 'seeing things and trying to fight imaginary …

Reparations As Redistribution, Kyle D. Logue

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The most controversial, and most intriguing, remedy sought by proponents of slavery reparations involves massive redistribution of wealth from whites to blacks within the United States. This is not to say that reparations proponents have focused only on racial redistribution. Some have called for an official apology from the U.S. government. Others seek the creation of a foundation or institute, funded by U.S. tax dollars, to be devoted to furthering the interests of African Americans, including the funding of K- 12 educational programs for black children and the funding of general civil rights advocacy to counteract the lingering effects of …

Bolling Alone, Richard A. Primus

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Under the doctrine of reverse incorporation, generally identified with the Supreme Court's decision in Bolling v. Sharpe, equal protection binds the federal government even though the Equal Protection Clause by its terms is addressed only to states. Since Bolling, however, the courts have almost never granted relief to litigants claiming unconstitutional racial discrimination by the federal government. Courts have periodically found unconstitutional federal discrimination on nonracial grounds such as sex and alienage, and reverse incorporation has also limited the scope of affirmative action. But in the presumed core area of preventing federal discrimination against racial minorities, Boiling has virtually no …

The Immense Rumor, Peter Goodrich

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The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …

Molecular Cloning And Characterization Of Two Mouse Peroxisome Proliferator-Activated Receptor Alpha (Ppara) Regulated Peroxisomal Acyl-Coa Thioesterases., Maria Westin, Mary Hunt, Stefan Alexson

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Peroxisomes are organelles that function in the b-oxidation of very-long and long-chain acyl-CoAs, bile acid-CoA intermediates, prostaglandins, leukotrienes, thromboxanes, dicarboxylic fatty acids, pristanic acid and xenobiotic carboxylic acids. The very long- and long-chain acyl-CoAs are mainly chain-shortened and then transported to mitochondria for further metabolism. We have now identified and characterized two peroxisomal acyl- CoA thioesterases, named PTE-Ia and PTE-Ic, which hydrolyze acyl-CoAs to the free fatty acid and coenzyme A. PTE-Ia and PTE-Ic show 82% sequence identity at amino acid level and a putative peroxisomal type 1 targeting signal of –AKL was identified at the carboxy-terminal end of both …

Tribal Sovereignty Over Water Quality, Jessica Owley

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Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri

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Mirror, Mirror On The Wall: Voice Accountability And Ngos In Human Rights Standard Setting, Janet E. Lord

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Where Is The "There" In Health Law? Can It Become A Coherent Field?, Mark A. Hall, Carl E. Schneider

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Gerturde Stein complained of Oakland, "There is no there there." Churchill complained of his pudding that "it has no theme." And everybody complains of health law that it lacks an organizing principle. Health law scholars bemoan the "pathologies" of health law and its contradictory and competing "paradigms'. which form a "chaotic, dysfunctional patchwork." But it should not surprise us that any field which grows by accretion lacks a unifying idea or animating concern. And health law certainly grew by accretion. It began in the 1960s, when the Law-Medicine Center was established, concerned with medical proof in litigation, physicians' malpractice, and …

The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman

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For several centuries, prosecution witnesses in criminal cases have given their testimony under oath, face to face with the accused, and subject to cross-examination at trial. The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees the procedure, providing that ‘‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.’’ In recent decades, however, judicial protection of the right has been lax, because the U.S. Supreme Court has tolerated admission of outof- court statements against the accused, without cross-examination, if the statements are deemed ‘‘reliable’’ or ‘‘trustworthy.’’ …

Bankrupting Trademarks, Xuan-Thao Nguyen

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The explosive growth of technology in the last two decades has vastly expanded intellectual property jurisprudence and elevated intellectual property to a heightened status in the marketplace. Indeed, a company's intellectual property assets may now be its most valuable corporate assets. Moreover, the property value of some trademarks is significantly greater than that of the trademark owner's physical assets.

The term “intellectual property” is commonly understood to include patents, trade secrets, copyrights, and trademarks. Yet a paradigm has been constructed and enforced over the last fifteen years wherein only patents, trade secrets, and copyrights are included. The paradigm specifically excludes …

Getting Serious About User-Friendly Mass Market Licensing For Software, Robert W. Gomulkiewicz

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Software publishers use standard form end user licenses (“EULAs”) in mass market transactions on a regular basis. Most software users find EULAs perplexing and generally ignore them. Scholars, however, have focused on them intently. In the past twenty years over a hundred scholarly articles have been written on the subject. Most of these articles criticize EULAs and argue that courts should not enforce them. In their critique of EULAs, some scholars examine the adequacy of the offer, acceptance, and consideration. Others discuss EULAs as part of the troublesome issue of standard form contracting, and whether standard forms, on balance, harm …

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

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Part I of this Article details the historical development and medical achievements made possible by vaccines. From Edward Jenner to Jonas Salk to Albert Sabin, immense strides have been made in eradicating or substantially eliminating some of the worst diseases in human history. Smallpox, polio, measles, mumps, rubella, diphtheria, pertussis, tetanus, influenza, hepatitis A and B, and even the chicken pox are all now largely preventable.

Literally hundreds of millions of deaths have been avoided and many more lives markedly improved, to say nothing of the financial ramifications for the American healthcare system. All fifty states have therefore enacted compulsory …

Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.

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This article considers nature's "baseline" through the lens of modern environmental laws. We measure this "baseline" like never before and are proud of our databases on fish advisories, beach closures, and impaired water bodies, to mention a few. The ubiquitous legal response to these measures of environmental decline is the public warning "Don't Eat the Fish" and "Don't Drink the Water."

This article assesses the function, utility, and purpose of these public warnings and finds them wanting. Their principal value is that they serve as measures of lost natural capital and harbingers of shifting baselines.

Our descriptive journey leaves us …

Turning An Articulated Truck On A Spreadsheet, Jim Mcgovern

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This paper describes how a standard office spreadsheet application was used to set up an engineering model for the simulation and analysis of the turning of articulated trucks

Ecotoxicological Research At Dit, Maria Davoren, Colm O'Dowd, Sharon Ni Shuilleabhain

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The term ecotoxicology first defined by Rene Truhart in 1969, essentially describes the study of the harmful effects of chemicals upon ecosystems.

Who Pays For Progress?: Accident Law In Florida, 1845-1886, James L. Hunt

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Border Patrol, Carl E. Schneider

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Recently, the Supreme Court has encountered cases that concern perhaps our weightiest bioethical issue-how medical care is to be rationed. But this does not mean that the Court must therefore assess the justice of rationing, as many people incited by many journalists now fondly and firmly believe. In explaining why, we begin with a story about how Learned Hand remembered saying one day to Justice Holmes, "Well, sir, goodbye. Do justice!" Holmes turned quite sharply and said: "That is not my job. My job is to play the game according to the rules." If the Court doesn't do justice, what …

The Persistence Of Ecological-Economic Systems: Alternate Measures And Their Properties, Amitrajeet A. Batabyal

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A number of ecologists and some economists have commented on the significance of persistence as a stability concept for jointly determined ecological-economic systems. This notwithstanding, the economics and the regional science literatures have paid scant attention to the problem of computing an ecological-economic system’s persistence. As such, this paper has two objectives. First, we derive three measures of the persistence of a jointly determined ecological-economic system whose temporal behavior is governed by the presence of thresholds. Next, we compare and contrast these three measures. Finally, we discuss their theoretical properties and their practical uses.

Children's Understanding Of Television Advertising Intent, Margaret-Anne Lawlor, Andrea Prothero

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Over the last three decades, a substantial body of research has accumulated seeking to address how exactly advertising, and in particular, telelvision advertising, influences children. Yet, given the diversity of methodologies used and the findings presented, it has been suggested that a common consensus on how exactly advertising affects children has not been reached. This paper presents a brief overview of the literature addressing chidlren's understanding of advertising with a view to identifying the contributions to date in this area and the accompanying gaps, omissions and under-resesearched perspectives. Findings are then presented from an exploratory study of eight and nine …

Indian Spirituality, Eamon Maher

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No abstract provided.

Patenting Genome Research Tools And The Law., Rebecca S. Eisenberg

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Patenting genes encoding therapeutic proteins was relatively uncontroversial in the early days of biotechnology. Controversy arose in the era of high-throughput DNA sequencing, when gene patents started to look less like patents on drugs and more like patents on scientific information. Evolving scientific and business strategies for exploiting genomic information raised concerns that patents might slow subsequent research. The trend towards stricter enforcement of the utility and disclosure requirements by the patent offices should help clarify the current confusion.

The Provenance Of The Federal Courts Improvement Act Of 1982, Richard Henry Seamon

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Spiritual Revolt : Learning From Albert Camus, Eamon Maher

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Material reproduced by kind permission of Doctrine and Life

A New Approach In Water Management Or Business As Usual? The Milk River, Montana, Barbara Cosens

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No abstract provided.

Lawyers And Truth-Telling, Albert Alschuler

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The Least Restrictive Means, Alan O. Sykes

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The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler

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No abstract provided.

Journals As A Feminist Playground, Mary Anne Case

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No abstract provided.