Digital Commons Network^™

God, Justice And Law: Reflections On Christian Legal Thought Commentary, William S. Brewbaker Iii

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No abstract provided.

Federalism Standing Symposium: The Structure Of Standing At 25, Heather Elliott

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No abstract provided.

Further Standing Lessons, Heather Elliott

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The Article III standing doctrine "” with its three requirements of injury in fact causation and redressability "” is often criticized as a restriction that prevents liberal but not conservative plaintiffs from proceeding in the federal courts As I have recently shown however 87 IND LJ 551 2012 standing doctrine has increasingly been an issue in many cases involving conservative litigants in challenges to the landmark federal healthcare law and to conservative appellants defending the federal Defense of Marriage Act and California's constitutional ban on marriage between samesex couples We now have Supreme Court decisions in those cases and the …

Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, Jean Stefancic

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No abstract provided.

On The Road Without A Map: The Women Of The Beat Writers Symposium - Mania: The Lives, Literature, And Law Of The Beats: Session I: Weaving Lives Into Literature, Jean Stefancic

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No abstract provided.

The Polysemy Of Privacy, Ronald J. Krotoszynski Jr.

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"The Polysemy of Privacy" considers the highly protean nature of the concept of "privacy" which extends to myriad disparate legal interests including nondisclosure generalized autonomy interests and even human dignity For a concept of such central importance to many systems of protecting fundamental rights its precise contours are surprisingly illdefined This lack of determinate meaning is not limited to the concept of "privacy" in the United States virtually all legal systems that utilize "privacy" or its first cousin "dignity" have experienced difficulty reducing the concept into specific carefully delineated legal interests In some respects privacy means everything "“ and nothing …

Complexity In Property, Meredith M. Render

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This article illuminates the largely misunderstood relationship between complexity and the regulation of property interests Specifically the article presents the complexity thesis a novel explanatory account of the principle of numerus clausus The principle of numerus clausus is an ancient common law rule which prohibits the customization of property interests The complexity thesis holds that the primary function of numerus clausus is to prevent the proliferation of highly idiosyncratic property interests In so doing numerus clausus provides a bulkhead against the overwhelming complexity that would ensue if customized property interests were permitted For the last fifteen years numerus clausus has …

Financial Intermediaries As Principals And Agents, Kenneth M. Rosen

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No abstract provided.

The Haennig-Nordmann Papers: Two Lawyers In Occupied France, Eric Freedman, Richard H. Weisberg

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No abstract provided.

Legal Positivism And Russell's Paradox, David G. Carlson

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In this Article, I argue that legal positivism is subject to the same paradox as was engendered by Frege's set theory-a paradox that has come to be known as Russell's Paradox. Basically, Frege tried to define what a set is. Russell showed that, because of self-reference, any attempt to define the word "set" led to formal condition. I argue that Russell's analysis can be applied to legal positivism, if "legal positivism" is defined to mean that a complete and closed rule of recognition for law is a logical possibility. I also argue that, to the extent legal positivism claims that …

Job's Justice, Arthur J. Jacobson

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The essay proposes that the book of Job offers nothing less than the anticipation and critique of certain elements in the constitution of Athens, as we understand the constitution of Athens in the works of its principal philosophers.

A Viewpoint Of Tanzania E-Commerce And Implementation Barriers, George S. Oreku, Fredrick Mtenzi, Al-Dahoud Ali

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The growing rate of ICT utilization particularly the Internet and mobile phones has influenced at an exponential rate online interaction and communication among the generality of the populace. However, with the enormity of businesses on the Internet, Tanzania is yet to harness the opportunities for optimal financial gains. This study is exploratory in nature as it attempts to unveil the prospects of ecommerce implementation, participation, motivation and opportunity to the developing countries like Tanzania where by the domestic market is very big to ensure the growth of agricultural sector. The paper proposes to investigate the ability of consumers to purchase …

Nullification As Law, Jenny E. Carroll

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The rule of law is central to our notion of governance and our legal system The ideal of a knowable regular public law shimmers in the discourse of our democracy It stands in sharp contrast to the arbitrary and often anarchic law of men in which those with absolute power rule absolutely But the devil is always in the details To move past the idealism is to enter a contested realm where competing theories seek to claim the mantle of the rule of law While this article cannot claim to resolve the dispute over the precise meaning or construct of …

The Structure Of Standing At 25: Introduction To The Symposium Symposium: The Structure Of Standing At 25, Heather Elliott

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No abstract provided.

To Say What The Law Is: Rules, Results, And The Dangers Of Inferential Stare Decisis, Adam N. Steinman

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Does stare decisis require future courts to follow the rules stated in a precedentsetting opinion Or must future courts merely reconcile their decisions with the ultimate result of the precedentsetting case It is widely assumed that a rulebased approach puts greater constraints on future courts but two recent Supreme Court decisions "“ WalMart Stores Inc v Dukes and Ashcroft v Iqbal "“ turn this conventional wisdom on its head In both cases what the Court said about the governing rules was not inherently controversial and would leave courts with considerable flexibility going forward But what the Court did in applying …

Grm7 Variants Associated With Age-Related Hearing Loss Based On Auditory Perception, Dina L. Newman, Laurel M. Fisher, Jeffrey Ohmen, Robert Parody, Chin-To Fong, Susan T. Frisina, Frances Mapes, David A. Eddins, Robert D. Frisina, Rick A. Friedman

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Age-related hearing impairment (ARHI), or presbycusis, is a common condition of the elderly that results in significant communication difficulties in daily life. Clinically, it has been defined as a progressive loss of sensitivity to sound, starting at the high frequencies, inability to understand speech, lengthening of the minimum discernable temporal gap in sounds, and a decrease in the ability to filter out background noise. The causes of presbycusis are likely a combination of environmental and genetic factors. Previous research into the genetics of presbycusis has focused solely on hearing as measured by pure-tone thresholds. A few loci have been identified, …

Web-Based Interactive Video Vignettes Create A Personalized Active Learning Classroom For Introducing Big Ideas In Introductory Biology, Leslie Kate Wright, Dina L. Newman, Jean A. Cardinale, Robert Teese

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The typical “flipped classroom” delivers lecture material in video format to students outside of class in order to make space for active learning in class. But why give students passive material at all? We are developing a set of high-quality online educational materials that promote active, hands-on science learning to aid in teaching of core concepts for introductory biology at the college level. Interactive video vignettes (IVVs) incorporate evidence based teaching strategies to address known areas of confusion for entering students. Each IVV includes a live action scenario with undergraduates investigating a biological problem with a realistic experiment that users …

Exposing England For Famine Wrongs, Ian Kilroy

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A critical review of The Famine Plot by Tim Pat Coogan. Coogan blames English government policy for the Irish Famline.

Picturing Takings, Lee Anne Fennell

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Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task offinding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.

Traditional Knowledge, Cultural Expression, And The Siren's Call Of Property, Justin Hughes

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Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.

I Don't Know You, But I Hate You: Building Better Relationships Through Literature And Writing, Brandon Warren

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Brandon Warren explains how he has used books to transform his classroom community.

Value Divergence In Global Intellectual Property Law, J. Janewa Osei-Tutu

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It is a challenge for the United States to adequately protect the interests of its intellectual property industries. It is particularly difficult to effectively achieve this objective when the interests of the United States are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the United States has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this Article contributes to the growing body of literature on developing a …

Horses For Discourses?: The Transition From Oral To Broadside Narrative In “Skewball”, Seán Ó Cadhla

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The well-known horse-racing ballad ‘Skewball’ (hereafter, SB) has a well-established oral tradition in Ireland, with versions documented throughout the eighteenth-,nineteenth- and twentieth-centuries. The latest is a 1979 field-recording of Derry folksinger and storyteller, Eddie Butcher (Shields 2011:58-9). The ballad was also assimilated into African-American oral tradition, in which it was reconstructed and renamed ‘Stewball’ (Scarborough 1925:61-4; Lomax 1994:68-71), and was still being documented in American folk tradition as late as the 1930s (Flanders 1939:172-4). In common with countless other folk songs, SB was appropriated by broadside printers and subsequently enjoyed widespread public appeal throughout England in the early- to …

Piece Celebrating The Publication Of The French Art Historian Françoise Henry's Inishkea Journals : An Irishman's Diary, Eamon Maher

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No abstract provided.

Assessing A Young Writer’S Story, Julie Patterson

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Now that's a story! Find out what this 1st grader is doing well and what our writer-in-residence would teach next.

Can Consumers Control Health-Care Costs?, Mark A. Hall, Carl E. Schneider

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The ultimate aim of health care policy is good care at good prices. Managed care failed to achieve this goal through influencing providers, so health policy has turned to the only market-based option left: treating patients like consumers. Health insurance and tax policy now pressure patients to spend their own money when they select health plans, providers, and treatments. Expecting patients to choose what they need at the price they want, consumerists believe that market competition will constrain costs while optimizing quality. This classic form of consumerism is today’s health policy watchword. This article evaluates consumerism and the regulatory mechanism …

Rehabilitation, Research, And Reform: Prison Policy In Ireland, Mary Rogan

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The paper tracks the concept of rehabilitation within official thinking in

Ireland since the foundation of the State. It explores when and how the term was first

used and how it has fared since. It then examines barriers to and the role of research

in the making of prison policy and comments on data deficits in the system at present.

Finally it looks at the role of interest groups within the criminal justice system in

Ireland, and specifically their effect, or potential effect, on the formation of prison

policy.

Taking, Tort, Or Crown Right? The Confused Early History Of Government Patent Policy, Sean M. O'Connor

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From the early days of the Republic, Congress and the federal courts grappled with the government’s rights to own or use patents it issued. Courts rejected the British “Crown Rights” rule that allowed the sovereign to practice whatever patents it issued. Instead, the federal government was conceptualized as a legal person on par with any other persons with regard to issued patents. But, this simple rule presented challenges as complexities arose in three intertwined patent rights scenarios. The first involved inventions by government employees. The second revolved around government and government contractor use of patents held by private citizens. And …

Students Fail To Transfer Knowledge Of Chromosome Structure To Topics Pertaining To Cell Division, Dina L. Newman, Christina M. Catavero, Leslie Kate Wright

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Cellular processes that rely on knowledge of molecular behavior are difficult for students to comprehend. For example, thorough understanding of meiosis requires students to integrate several complex concepts related to chromosome structure and function. Using a grounded theory approach, we have unified classroom observations, assessment data, and in-depth interviews under the theory of knowledge transfer to explain student difficulties with concepts related to chromosomal behavior. In this paper, we show that students typically understand basic chromosome structure but do not activate cognitive resources that would allow them to explain macromolecular phenomena (e.g., homologous pairing during meiosis). To improve understanding of …

Developing Archetypes For Domestic Dwellings:An Irish Case Study, Albert Famuyibo, Aidan Duffy, Paul Strachan

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Stock modelling, based on representative archetypes, is a promising tool for exploring areas for resource and emission reductions in the residential sector. The use of archetypes developed using detailed statistical analysis (multi-linear regression analysis, clustering and descriptive statistics) rather than traditional qualitative techniques allows a more accurate representation of the overall building stock variability in terms of geometric form, constructional materials and operation. This paper presents a methodology for the development of archetypes based on information from literature and a sample of detailed energy-related housing data. The methodology involves a literature review of studies to identify the most important variables …