Digital Commons Network^™

Intrafamilial Phenotypic Variability In Friedreich Ataxia Associated With A G130v Mutation In The Frda Gene, Dominick Mccabe, Nicholas Wood, Fergus Ryan, Michael Hanna, Sean Connolly, David Moore, Janice Redmond, David Barton, Raymond Murphy

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Background: Most patients with Friedreich ataxia (FA) have a GAA trinucleotide repeat expansion in intron 1 of the FA gene (FRDA) on both arms of chromosome 9. However, some patients are compound heterozygotes and harbor a GAA expansion on one allele and a point mutation on the other. Compound heterozygous patients with FA who have a GAA expansion and a G130V mutation have been reported to have an atypical phenotype with a slow disease progression, minimal or no ataxia, or gait spasticity. Objective: To describe intrafamilial phenotypic variability in a GAA expansion/G130V mutation compound heterozygous family with FA. Setting: Tertiary …

The Customer Is Always Right . . . Not!: Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

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This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?

The thesis of this article is that third party sexual harassment is a prevalent form of harassment that the legal system does not currently …

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

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My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …

Equality For All: The Case For A New Declaration Of Rights Article Of The Alabama Constitution Working Papers, Bryan K. Fair

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No abstract provided.

Symposium Introduction: Sharing Stories About Our Commitment To Teaching Ethics Symposium: Recommitting To Teaching Legal Ethics- Shaping Our Teaching In A Changing World, Steven H. Hobbs

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Barely At The Margins: Race And Ethnicity In Legal Education -- A Curricular Study With Latcritical Commentary, Francisco Valdes

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Private Pathologies And Public Policies: Race, Class, And The Failure Of Child Welfare (Book Review), Charlton C. Copeland

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Fallen Superheroes And Constitutional Mirages: The Tale Of Brady V. Maryland, Scott E. Sundby

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Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin

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"We Must Be Hunters Of Meaning": Race, Metaphor, And The Models Of Steven Winter, D. Marvin Jones

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"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen

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Enron And The Dark Side Of Shareholder Value, William Wilson Bratton

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This Article addresses the implications that the Enron collapse holds out for the self-regulatory system of corporate governance. The case shows that the incentive structure that motivates actors in the system generates much less powerful checks against abuse than many observers have believed. Even as academics have proclaimed rising governance standards, some standards have declined, particularly those addressed to the numerology of shareholder value. The Article's inquiry begins with Enron's business plan. The Article asserts that there may be more to Enron’s "virtual firm" strategy than meets the eye beholding a firm in collapse. The Article restates the strategy as …

Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday

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Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams

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Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …

Rulemaking, Michael Herz

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No abstract provided.

Restoring Politics To The Commerce Clause: The Case For Abandoning The Dormant Commerce Clause Prohibition Of Discriminatory Taxation, Edward A. Zelinsky

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Popular Sovereignty And The Electoral College, John O. Mcginnis

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Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu

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All societies, communities, organizations, and interpersonal relationships experience conflict at one time or another in the process of dayto-day interaction. Conflict is not necessarily bad, abnormal, or dysfunctional; it is a fact of life. Conflict and disputes exist when people are engaged in competition to meet goals that are perceived to be, or actually are, incompatible. However, conflict may go beyond competitive behavior and acquire the additional purpose of inflicting physical or psychological damage on an opponent, even to the point of destruction. It is then that the negative and harmful dynamics of conflict exact their full costs.

Surcharge And Standing: Bankruptcy Code Section 506(C) After Hartford Underwriters, David G. Carlson

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The Supreme Court's decision in Hartford Underwriters Insurance Co. v. Union Planters Bank, N.A., which limited standing under 11 U.S.C. § 506(c) to bankruptcy trustees, fails to conclusively resolve the issue of who can bring such claims. The ruling creates legal complexities, as it does not fully address ownership of the proceeds or provide clear guidance, leading to potential workarounds by secured creditors and trustees. The article argues that the decision may be circumvented, and the current framework for handling § 506(c) claims remains unsatisfactory, necessitating further legislative or judicial clarification.

A Blackletter Statement Of Federal Administrative Law, Ronald M. Levin, Paul R. Verkuil, John F. Duffy, Michael E. Herz

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Washington, Patton, Schwarzkopf And Ashcroft?, Michael Herz

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Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love

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No abstract provided.

Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens

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In this response to Darryl Brown's important article, Street Crime, Corporate Crime, and the Contingency of Criminal Liability, Professor Huigens argues that Brown has chosen the wrong theory of punishment on which to rest his case for a more regulatory, less punitive, approach to street crime. Brown has chosen the best, most sophisticated consequentialist theory of punishment, as developed principally by Dan Kahan. However, consequentialist punishment theory of any kind has a significant drawback: it has no plausible conception of criminal fault. As a result, Brown is constrained to argue that the language of desert and retribution should be muted …

How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes

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Following the Supreme Court's 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power. This article presents the problem as one of the gravitational zone of the Commerce Clause versus that of the Copyright and Patent Clause. The article reasons that the Supreme Court decisions in International News Service v. Associated Press, Zacchini v. Scripps-Howard, and the 19th century Trademark Cases all point to the possibility of limited protection of databases under the Commerce Clause. The Article also considers the constitutionality of extra-copyright protection …

Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld

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The article advocates for the establishment of "innocence commissions" to investigate and address wrongful convictions in the U.S. criminal justice system. Drawing parallels to the National Transportation Safety Board (NTSB), which investigates transportation accidents, the authors propose that these commissions would identify systemic defects leading to wrongful convictions and recommend reforms to prevent future miscarriages of justice. They emphasize the need for independence, subpoena power, and public accountability to ensure the commissions' effectiveness.

Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder

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Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all …

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert

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There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …

On The Choice Between The Stocking Rate And Time In Range Management, Amitrajeet A. Batabyal, Basudeb Biswas, E. Bruce Godfrey

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A long standing question in range management concerns the relative importance of the stocking rate versus the length of time during which animals graze a particular rangeland. We address this question by analyzing the problem faced by a private rancher who wishes to minimize the long run expected net unit cost (LRENC) from range operations by choosing either the stock rate or the length of time during which his animals graze his rangeland. We construct a renewal-theoretic model and show that, in general, this rancher's LRENC with an optimally chosen stocking rate is lower than his LRENC with an optimally …

Spectroscopic Target Selection For The Sloan Digital Sky Survey: The Luminous Red Galaxy Sample, Daniel J. Eisenstein, James Annis, James E. Gunn, Alexander S. Szalay, Andrew J. Connolly, R. C. Nichol, Neta A. Bahcall, Mariangela Barnardi, Scott Burles, Francisco J. Castander, Masataka Fukugita, David W. Hogg, Zeljko Ivezic, G. R. Knapp, Robert H. Lupton, Vijay Narayanan, Marc Postman, Daniel E. Reichart, Michael Richmond, Donald P. Schneider, David J. Schlegel, Michael A. Strauss, Mark Subbarao, Douglas L. Tucker, Daniel Vanden Berk, Michael S. Vogeley, Brian Yanny

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We describe the target selection and resulting properties of a spectroscopic sample of luminous, red galaxies (LRG) from the imaging data of the Sloan Digital Sky Survey (SDSS). These galaxies are selected on the basis of color and magnitude to yield a sample of luminous, intrinsically red galaxies that extends fainter and further than the main flux-limited portion of the SDSS galaxy spectroscopic sample. The sample is designed to impose a passively-evolving luminosity and rest- frame color cut to a redshift of 0.38. Additional, yet more luminous, red galaxies are included to a redshift of 0.5. Approximately 12 of these …

The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis

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Technology does not change the essential problems that constitutionalism seeks to address because these problems are rooted in the enduring nature of man. Technological change, however, can transform man's environment. A different environment, in turn, may require substantially modified forms of constitutionalism even if the underlying objectives remain constant. As the great political philosopher Edmund Burke recognized, the key to sound structures of governance in every age and place is to understand the intersection of man's enduring nature with his particular circumstances. Because technology increasingly shapes the circumstances of modem man, technology is becoming progressively more important to constitutionalism.