Digital Commons Network^™

Beyond Chalk And Talk: The Law Classroom Of The Future, Timothy W. Floyd, Karen J. Sneddon, Oren R. Griffin

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Law schools are rethinking the traditional Langdellian classroom as they construct the law classroom of the future. Although the reform of legal education has long been heralded, law schools are now on the cusp of actual change. Carnegie’s Educating Lawyers and the Clinical Legal Education Association’s Best Practices for Legal Education are promoting a rethinking of the law classroom. Also encouraging the examination of legal education are changes in the incoming student population, such as the influx of students from the Millennial Generation; technological innovations; and shifting realities and economics of law practice, such as the increased focus on efficiency …

High Temperature Performance Of An Optical Microfibre Coupler And Its Potential Use As A Sensor, Pengfei Wang, Ming Ding, Gilberto Bramilla, Yuliya Semenova, Qiang Wu, Gerald Farrell

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The dependence of the transmission spectrum of an optical microfibre coupler at high temperatures is investigated experimentally. Results show a temperature sensitivity up to 36.59 pm/oC at a taper waist outer diameter of 2.5 μm; such a temperature-dependent performance can be utilized for temperature sensing up to 1000oC.

Redistricting And The Territorial Community, Nicholas Stephanopoulos

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As the current redistricting cycle unfolds, the courts are stuck in limbo. The Supreme Court has held unanimously that political gerrymandering can be unconstitutional- but it has also rejected every standard suggested to date for distinguishing lawful fr

Public Choice And Law's Either/Or Inclination (Reviewing Leo Katz, Why The Law Is So Perverse (2011)), Saul Levmore

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No abstract provided.

Talk About Talking About Constitutional Law, Adam M. Samaha

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Constitutional theory branches into decision theory and discourse theory. The former branch concentrates on how constitutional decisions are or should be made, the latter on how constitutional issues are or should be discussed, For its part, originalism initially was promoted as a method for resolving constitutional disagreement, but it has spread into discourse theory as well. Jack Balkin's "living originalism" illustrates this extension. This Article examines inclusive versions of originalism like Balkin's that permit many different answers to constitutional questions. The Article then suggests pathologies associated with loose constitutional discourse in general. For instance, a large domain for constitutional discourse …

Attorney General Bradford’S Opinion And The Alien Tort Statute, Curtis A. Bradley

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In debates over the scope of the Alien Tort Statute (ATS), one historical document has played an especially prominent role. That document is a short opinion by U.S. Attorney General William Bradford, issued in the summer of 1795, concerning the involvement of U.S. citizens in an attack by a French fleet on a British colony in Sierra Leone.¹ In the opinion, Bradford concluded that “[s]o far . . . as the transactions complained of originated or took place in a foreign country, they are not within the cognizance of our courts; nor can the actors be legally prosecuted or …

Litigation's Role In The Path Of U.S. Federal Climate Change Regulation: Implications Of Aep V. Connecticut, Hari M. Osofsky

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This symposium analyzes the role of litigation in climate change regulation, with a particular focus on the U.S. Supreme Court's June 2011 decision in American Electric Power Co. v. Connecticut ("AEP"). 1 This Essay adds to that conversation by exploring the significance of AEP for U.S. federal legal approaches to regulating climate change.

Siblings In Law, Jill Elaine Hasday

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No abstract provided.

Temptations Of The Sirens: Ethical Issues In Libraries, Herbert Cihak, Joan Howland

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No abstract provided.

Aligning Strategy And Talent In Creative Professional Service Firms, Deirdre Mcquillan, Pamela Sharkey Scott, Vincent Mangematin

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Purpose: Reliance on individual talent and motivation renders creative Professional Service Firms (PSFs) highly dependent on their ability to attract and mobilise the right individuals. This paper builds an integrated framework showing firstly how creative industry PSFs can differ in their strategy for growth, and secondly how these alternative strategies for growth can influence the firm’s approach to organising and the type of talent required. Design/methodology/approach: Findings are based on a series of interviews with managing directors, senior management and practitioners of architectural organisations in a single country, combined with an extensive literature review. Findings – Our framework illustrates how …

L3cs: An Innovative Choice For Urban Entrepreneurs And Urban Revitalization, Dana Thompson

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Social enterprises offer fresh ways of addressing seemingly intractable social problems, such as high levels of unemployment and poverty in economically distressed urban areas in the United States. Indeed, although social enterprises have deep and longstanding roots, the recent iteration of the social enterprise movement is gaining momentum in the United States and globally. Though there is not a singularly accepted legal definition of social enterprises, they are popularly known as businesses that use forprofit business practices, principles, and discipline to accomplish socially beneficial goals. Social entrepreneurs, those who operate social enterprises, eschew a traditional notion of charity, which primarily …

Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro

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No abstract provided.

Designing Model Homes For The Changing Medical Neighborhood: A Multi-Player Pilot Offers Lessons For Aco And Pcmh Construction, Sallie Thieme Sanford [email protected]

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This Article first describes the ingrained construction incentives in our current health care system and the challenges they present. The Article then turns to key innovations to address these challenges, with a particular focus on accountable care and medical homes. Next, the Article considers the early spec houses" that provide the model for the PCMHs under development throughout the country. Then, the Article focuses on the design and finance features of Washington's ongoing pilot. Finally, the Article concludes with thoughts on a series of questions raised by this pilot and others like it. Ultimately, what medical home designs are best …

Feeling At Home: Learning, Law, Cognitive Science, And Narrative, Lea B. Vaughn

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What is the "how and why" of law's affinity for narrative? In order to explain why the use of stories is such an effective teaching and presentation strategy in the law, this paper will consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and, briefly, cultural anthropology. This account seeks to address "how" narrative helps us learn and use the law as well as "why" we are so compelled to use stories in teaching and in practice.

Brain science, simplified here, suggests that the first task is to grab someone's attention. Emotionally charged events are more likely …

There Is No Summer In The Courtroom, Maureen A. Howard

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Pacific Northwesterners frequently lament summer’s delayed arrival to our verdant corner of the country, and this year is no exception. June was unseasonably cool and wet, and the first official weekend of summer brought grey skies, chilly breezes, and sheets of rain. It is no surprise, then, that each year, as August approaches and summer seems to have truly arrived, locals eagerly search their closets for rarely-used warm-weather attire. Lawyers are not immune from the lure to celebrate summer’s overdue arrival by breaking out tank tops, flip-flops, sunglasses, and shorts. Nonetheless, a trial lawyer needs to remember that although summer …

The Cape Town Convention's International Registry: Decoding The Secrets Of Success In Global Electronic Commerce, Jane K. Winn

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The International Registry, established pursuant to the Cape Town Convention on International Interests in Mobile Equipment, is a new global electronic commerce system for recording and establishing the relative priority of interests in aircraft equipment. Other examples of global electronic commerce systems include the airline computer reservation system, the SWIFT financial network, and payment card networks.

The International Registry may be the most successful global electronic commerce system ever built in terms of the speed with which it was implemented, its adoption rate, and the dearth of controversy surrounding its operation. The real "driver" of its success is demand for …

A Call For Standards: An Overview Of The Current Status And Need For Guardian Standards Of Conduct And Codes Of Ethics, Karen E. Boxx, Terry W. Hammond

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The role of trust in guardianships is rarely discussed, perhaps because of the assumption that court supervision of guardians reduces their power to act in any way other than trustworthy. However, as the number of persons needing guardianship protection increases while the resources available to courts to finance supervision decreases, the role of guardian is starting to become a more conventional fiduciary relationship complete with a hallmark downside-lack of supervision. Because of this trend, the concept of delineated standards for performance of a guardian's duties has taken on critical importance.

The 2001 Wingspan Conference, the second national conference on guardianship …

Women In The Post-Conflict Process: Reviewing The Impact Of Recent Un Actions In Achieving Gender Centrality, Dina Francesca Haynes, Naomi Cahn, Fionnuala Ní Aoláin

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The post-conflict terrain provides multiple opportunities for transformation on many different levels: protecting civilians, providing accountability for human rights violations committed during hostilities, reforming local and national laws, reintegrating soldiers, rehabilitating and providing redress for victims, establishing or re-establishing the rule of law, creating human rights institutions and new governance structures, altering cultural attitudes, improving socioeconomic conditions, and transforming gender roles and women’s status. This Article explores the effort to make gender central in the various legal and political regimes and processes in operation post-conflict, and specifically reviews SCR 1325 and its successor resolutions to assess their real contributions towards …

What Liaisons Say About Themselves And What Faculty Say About Their Liaisons, A U.S. Survey, Julie Arendt, Megan Lotts

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Liaison librarians and faculty in chemistry, English, and psychology departments at colleges and universities in the United States were surveyed. They answered questions about services provided by the liaison and satisfaction. Liaisons’ satisfaction with their performance was associated with active liaison service, such as recent contact with the department and more time spent on liaison work. Faculty satisfaction with liaisons was associated with contact with their liaisons. We did not find associations between liaisons’ descriptions of their work and faculty satisfaction with their liaisons for the pairs of faculty and their liaisons we were able to match.

Leaving The Big Deal: Consequences And Next Steps, Jonathan Nabe, David C. Fowler

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Many libraries are facing difficult fiscal climates with serials inflation, budget cutbacks, and reductions in allocations requiring difficult collection management decisions. Libraries may find their flexibility to plan and react unduly restricted due to being contracted to one or more Big Deals, in which they are obligated to buy large, inflexible title lists from big publishers for a set price. This presentation discusses the experience of Southern Illinois University Carbondale and the University of Oregon in leaving Big Deals, provides data on impacts on interlibrary loans, community response, and collection budgets, details the steps required before and after the decision, …

Should Mass Comments Count?, Nina A. Mendelson

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I am grateful to the Michigan Journal of Environmental & Administrative Law for the opportunity to reply to “Rulemaking vs. Democracy: Judging and Nudging Public Participation That Counts,” a terrific article by Professor Cynthia Farina, Mary Newhart, and Josiah Heidt of the Cornell eRulemaking Institute (“CeRI”). Farina, Newhart, and Heidt’s continuing commitment to structuring public engagement in e-rulemaking, both through scholarship and CeRI’s Regulation Room project, is one of the most hopeful signs for the future of that process. In their Article, the authors are concerned with agency treatment of large volumes of public comments in rulemaking, an increasingly common …

Enforcement Without Foundation? Insider Trading And China's Administrative Law Crisis, Nicholas C. Howson

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China's securities regulator enforces insider trading prohibitions pursuant to non-legal and non-regulatory internal "guidance." Reported agency decisions indicate that enforcement against insider trading is often possible only pursuant to this guidance, as the behavior identified is far outside of the scope of insider trading liability provided for in statute or regulation. I argue that the agency guidance is itself unlawful and unenforceable, because: (i) the guidance is not the regulatory norm required by the statutory delegation of power; and (ii) the guidance is ultra vires because (a) it addresses something substantively different from what is authorized under the statutory delegation, …

Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Nisreen Mahasneh, Kimberly A. Thomas

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Legal education worldwide is undergoing scrutiny for its failure to graduate students who have the problem-solving abilities, skills, and professional values necessary for the legal profession.1 Additionally, law schools at universities in the Middle East have found themselves in an unsettled environment, where greater demands for practical education are exacerbated by several factors such as high levels of youth unemployment. More specifically, in Jordan there is a pressing need for universities to respond to this criticism and to accommodate new or different methods of legal education. Clinical legal education is one such method.3 We use the term "clinical legal education" …

Clinical Faculty In The Legal Academy: Hiring, Promotion And Retention, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal, David A. Santacroce

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The Chair of the Association of American Law Schools (AALS) Section on Clinical Legal Education appointed us in 2005 to the Task Force on the Status of Clinicians and the Legal Academy (Task Force) to examine who is teaching in clinical programs and using clinical methodologies in American law schools and to identify the most appropriate models for clinical appointments within the legal academy. Our charges reflected two ongoing concerns: 1) the need to collect valid, reliable, and helpful data that would inform discussions on the breadth of clinical education in the legal academy and the status of clinical educators …

Optical Fibre Technology, Gerald Farrell

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No abstract provided.

The Use Of A Fiber Comb Filter Fabricated By A Co2 Laser Irradiation To Improve The Resolution Of A Ratiometric Wavelength Measurement System, Pengfei Wang, Gilberto Brambilla, Ming Ding, Yuliya Semenova, Qiang Wu, Gerald Farrell

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An edge filter-based ratiometric wavelength measurement system is modeled and analyzed in this paper. The results confirm that the noise of input signal and photodetectors limits the resolution of the wavelength measurement system. The achievable resolution is calculated for a given noise level of the input signal and photodetectors' resolution. An improved ratiometric wavelength measurement system consisting of two fiber comb filters is presented both theoretically and experimentally, which performs coarse and fine wavelength measurements simultaneously. The resolution of the system is significantly improved to better than 5 pm while maintaining the potential for high measurement speed and wide measurable …

Germanium Microsphere High-Q Resonator, Pengfei Wang, Timothy Lee, Ming Ding, Anirban Dhar, Thomas Hawkins, Paul Foy, Yuliya Semenova, Qiang Wu, Jayanta Sahu, Gerald Farrell, John Ballato, Gilberto Brambilla

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In this Letter, the fabrication and characterization of a microsphere resonator from the semiconductor germanium is demonstrated. Whispering gallery modes are excited in a 46 μm diameter germanium microsphere resonator using evanescent coupling from a tapered silica optical fiber with a waist diameter of 2 μm. Resonances with Q factors as high as 3.8×104 at wavelengths near 2 μm are observed. Because of their ultrahigh optical nonlinearities and extremely broad transparency window, germanium microsphere resonators offer the potential for optical processing devices, in particular at long wavelengths, such as around 2 μm.

A Silica Single-Mode Fibre-Chalcogenide Multimode Fibre-Silica Single-Mode Fibre Structure, Pengfei Wang, Ming Ding, Lin Bo, Yuliya Semenova, Qiang Wu, Gerald Farrell

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In this letter we theoretically and experimentally investigate a single-mode-multimode-single-mode (SMS) structure based on chalcogenide (As2S3) multimode fibre and silica single-mode fibres. The experimental results show a general agreement with the numerical simulation results based on a wide angle-beam propagation method (WA-BPM). Multimode interference variation was observed as a result of photo-induced refractive index changes arising from either localized laser irradiation at a wavelength of 405 nm or the use of a UV lamp. Our result provides a platform for the development

Influence Of Fluctuations Of The Geometrical Parameters On The Photonic Band Gaps In One-Dimensional Photonic Crystals, Vladimir A. Tolmachev, Anna .. Baldycheva, Kevin Berwick, Tatiana Perova

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The influence of random fluctuations in the layer thicknesses in high contrast, one-dimensional Photonic Crystals (PCs) on the transmission spectra and Photonic Band Gaps (PBGs) is investigated. The change in the PBGs depends on the magnitude of the fluctuations and increases with an increase in the order of the PBG. Introducing thickness non-uniformity into the PC of up to 0.004 times the value of lattice constant for different types of fluctuation distributions has a negligible effect on either the position or the shape of the 1st and nearest PBGs. The approach suggested here allows the determination of the tolerances required …

The Driving Forces Of Change In Energy-Related Co2 Emissions In Ireland: A Multi-Sectoral Decomposition From 1990 To 2007, Tadhg O'Mahony, Peng Zhou, John Sweeney

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Ireland recorded significant growth in energy-related carbon emissions from 1990 to 2007 as the country underwent rapid economic development. Using the LMDI decomposition analysis method, this paper aims to identify and analyse the driving forces of CO2 emissions in eleven final energy consuming sectors. This multi-sectoral analysis is based on four economic sectors, the residential sector and gives a detailed representation of transport in keeping with UNFCCC recommendations. Scale, structure and intensity effects are explored and substantial heterogeneity in sectoral performance is observed. Scale growth in economic and transport activity was considerable. Some improvements in energy intensity were recorded in …