Digital Commons Network^™

Five Ways To Support Interdisciplinary Work Before Tenure, Barbara Cosens

Articles

Academic institutions often claim to promote interdisciplinary teaching and research. Prescriptions for successfully engaging in interdisciplinary efforts, however, are usually directed at the individuals doing the work rather than the institutions evaluating them for the purpose of tenure and promotion. Where institutional recommendations do exist, they are often general in nature and lacking concrete guidance. Here, we draw on our experiences as students and faculty participating in three interdisciplinary water resource management programs in the USA to propose five practices that academic institutions can adopt to effectively support interdisciplinary work. We focus on reforms that will support pre-tenure faculty because …

Rethinking Insider Trading Regulation, Caroline Bradley

Articles

No abstract provided.

On Creative Dialectics, Ian Gonsher

Articles

No abstract provided.

Initial Reflections On An Interdisciplinary Approach To Rule Of Law Studies, Joel H. Samuels

Articles

In this essay, we attempt to lay the initial groundwork for a clearer understanding of rule of law both as a concept and as a distinct field. We respond to the assertions that the rule of law field is non-existent or incoherent, and assert that a field of rule of law is not impossible to ascertain. First, we survey how rule of law - as both a term and a state of political being - is understood by practitioners and scholars, as well as how scholars reconcile the lack of a clear, widely universal understanding of the concept of rule …

Making "Conservation" Work For The 21st Century: Enabling Resilient Place, Jerrold A. Long

Articles

During the New Deal, as part of a larger effort implementing Progressive Era "conservation" regimes, the federal government authorized the structurally-invasive Flood Control Act of 1936. At the same time, the Standard State Soil Conservation Districts Law promoted the creation of local, place-based efforts to protect or restore locally-valued resources. "Conservation" thus came to signify both the invasive, structural, engineering approach of mid-20th Century flood control, and the local, more responsive and flexible nature of soil conservation districts. But our understandings of our place in the natural world have changed subtly but significantly over the past century. Any legitimate natural …

Clean Energy Federalism, Felix Mormann

Articles

Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.

Renewable portfolio standards and feed-in …

Agglomerama, Lee Anne Fennell

Articles

No abstract provided.

Does Law School Still Make Economic Sense?: An Empirical Analysis Of "Big" Law Firm Partnership Prospects And The Relationship To Law School Attended, Edward S. Adams, Samuel P. Engel

Articles

Prospective law students and those in the legal community are often precluded from properly evaluating the potential likelihood that their choice of law school can measurably and tangibly impact their prospects for "big" law firm partnership 1 and its attendant, anticipated economic rewards. In an effort to answer the question of whether law school makes sense from an economic decision-making rationale - if one assumes (and we can certainly argue about this assumption) that one objective to attending law school is to become a partner in a large (and generally lucrative) law firm setting - this Study examines the characteristics …

Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel

Articles

Gender representation in the context of large law firms has received extensive scholarly attention and has been the subject of multiple Supreme Court cases.1 Recently, Ellen Pao lost a highly publicized gender discrimination case against Kleiner, Perkins, Caufield & Byers.2 The case unveiled disturbing gender discrimination that affects the lives of many people, especially in the legal profession. With a renewed attack on the “gender gap,” and on cultural sexism in the highest areas of business and law, the question remains: where are we today? How bad is gender discrimination in these desirable fields? What disadvantages do women face and …

Rethinking The Geography Of Local Climate Action: Multi-Level Network Participation In Metropolitan Regions, Hari M. Osofsky

Articles

As the United States and the world become increasingly urbanized, cities are a key site for addressing the problem of climate change. However, urban climate change action is not simply about local officials making decisions within their cities. In major U.S. urban areas, “local” involves multiple layers of government, including county and metro-regional entities. Moreover, many of the cities taking action on climate change also participate in and shape networks of local governments based at state, regional, national, and international levels. This Article argues that multilevel climate change networks could be more effective by embracing this geography of local action …

Reorienting Personal Jurisdiction Doctrine Around Horizontal Federalism Rather Than Liberty After Walden V. Fiore, Allan Erbsen

Articles

The Supreme Court’s jurisprudence addressing personal jurisdiction has vacillated between different rationales for limiting judicial authority. Some decisions emphasize liberty, some invoke federalism, and some rely on both. This Article uses the Court’s 2014 decision in Walden v. Fiore to show that recent emphasis on gilded rhetoric about liberty blurs the distinction between venue and jurisdiction, misconstrues the relevant private interests, and fails to consider the allocation of authority among coequal states in a federal system. Walden held that adjudication of a civil suit in a Nevada federal court rather than in a Georgia federal court would infringe the defendant’s …

Effects Of The 2002-2020 National Spatial Strategy (Nss) On Ireland's Settlement Growth, Its Cities And On Other Gateways And Hubs, Brian Hughes

Articles

No abstract provided.

Adapting Conservation Easements To Climate Change, Adena R. Rissman, Jessica Owley, M. Rebecca Shaw, Barton (Buzz) Thompson

Articles

No abstract provided.

Through The Lens Of Innovation, Mirit Eyal-Cohen

Articles

The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of entrepreneurship. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Entrepreneurship turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviation as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Through …

Resistance Songs: Mobilizing The Law And Politics Of Community, Anthony V. Alfieri

Articles

No abstract provided.

Non-Refoulement In A World Of Cooperative Deterrence, Thomas Gammeltoft-Hansen, James C. Hathaway

Articles

Developed states have what might charitably be called a schizophrenic attitude towards international refugee law. Determined to remain formally engaged with refugee law and yet unwavering in their commitment to avoid assuming their fair share of practical responsibilities under that regime, wealthier countries have embraced the politics of non-entrée, comprising efforts to keep refugees away from their territories but without formally resiling from treaty obligations. As the early generation of non-entrée practices — visa controls and carrier sanctions, the establishment of “international zones,” and high seas deterrence — have proved increasingly vulnerable to practical and legal challenges, new forms of …

Regional-Scale Simulations Of Fungal Spore Aerosols Using An Emission Parameterization Adapted To Local Measurements Of Fluorescent Biological Aerosol Particles, M. Hummell, C. Hoose, M. Gallagher, D. A. Healy, J. A. Huffmann, David O'Connor, U. Poschl, C. Pohlker, N. H. Robinson, M. Schnaiter, J. R. Sodeau, M. Stengel, E. Toprak, H. Vogel

Articles

Fungal spores as a prominent type of primary biological aerosol particles (PBAP) have been incorporated into the COSMO-ART (Consortium for Small-scale Modelling- Aerosols and Reactive Trace gases) regional atmospheric model. Two literature-based emission rates for fungal spores derived from fungal spore colony counts and chemical tracer measurements were used as a parameterization baseline for this study. A third, new emission parameterization for fluorescent biological aerosol particles (FBAP) was adapted to field measurements from four locations across Europe. FBAP concentrations can be regarded as a lower estimate of total PBAP concentrations. Size distributions of FBAP often show a distinct mode at …

Coming Of Age: Innovation Districts And The Role Of Law Schools, Jennifer S. Fan

Articles

New urban models, dubbed “innovation districts” are gaining traction in entrepreneurial-focused areas across the United States. This article begins by defining what innovation districts are. It then examines the potential role that law schools, together with technology transfer offices, can play as innovation cultivators within such districts. Specifically, it looks at three potential models that law schools can consider when contemplating a relationship with the technology transfer office within a university. Integrating a clinic and technology transfer office within an innovation district does not come without its challenges, however. Accordingly, this article will suggest ways for transactional law clinics to …

Making "Smart Growth" Smarter, Steve P. Calandrillo, Chryssa V. Deliganis, Andrea Woods

Articles

The “smart growth” movement has had a significant influence on land use regulation over the past few decades, and promises to offer the antidote to suburban sprawl. But states and local governments that once enthusiastically touted smart growth legislation are beginning to confront unforeseen obstacles and unintended consequences resulting from their new policies.

This Article explores the impact of growth management acts on private property rights, noting the inevitable and growing conflicts between the two sides that legislatures and courts are now being asked to sort out. It assesses the problems with creating truly intelligent urban growth, ranging from political …

When Private Property Rights Collide With Growth Management Legislation, Steve P. Calandrillo, Chryssa V. Deliganis, Andrea Woods

Articles

Over the past century, ever-expanding urban and suburban growth in the United States has offered a clear sign of America’s economic vitality, but it has not come without unique challenges of its own. Indeed, efforts to promulgate “smart growth” legislation as an antidote to suburban “sprawl” have proliferated in the past three decades, but it is time we ask ourselves whether their benefits outweigh their unintended consequences. States and local governments that once enthusiastically touted such legislation are beginning to confront unforeseen obstacles–and litigation–that raise the need for immediate reform.

This Article explores the impact of growth management acts on …

Gayffirmative Action: The Constitutionality Of Sexual Orientation-Based Affirmative Action Policies, Peter Nicolas

Articles

Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based equal protection cases. That principle requires courts to apply the same strict scrutiny to racial classifications designed to benefit racial minorities—such as affirmative action policies—as they do to laws invidiously discriminating against them. The new consistency principle, under which discrimination against whites is subject to strict scrutiny, conflicted with the Court's established criteria for declaring a group to be a suspect or quasi-suspect class entitled to heightened scrutiny, which focused on such considerations as the history of discrimination against the group and its political powerlessness.

As …

Ethics For Media Lawyers: The Lessons Of Ferguson, Leonard M. Niehoff

Articles

Ferguson, Missouri, has a population of roughly 21,000 people. Thirty cities in Missouri have larger populations. The Edward Jones Dome, where the St. Louis Rams play football, seats three times as many people. Most of us had never heard of Ferguson prior to August 9, 2014, when a police oficer named Darren Wilson shot and killed an unarmed black teenager named Michael Brown. But, to paraphrase the grim observation of Ambrose Bierce, war is how Americans learn geography. So, as violence and vandalism erupted on its streets, the nation turned its attention toward Ferguson and labored to understand the place, …

Using Sequential Mixed Methods In Enterprise Policy Evaluation. Special Mixed Methods Edition., Anthony Paul Buckley

Articles

How might policy instruments contribute to indigenous firm growth and how can the effects of these instruments be evaluated at both firm and policy level? This paper illustrates how a mixed methods research design and data analysis strategy can pragmatically address the research questions outlined above. The advantages and challenges of employing quantitative research methods (what happened?) followed by confirmatory qualitative research methods (how and why did it happen?) in a multiphase sequential explanatory design is explored. The data analysis strategy is firstly to analyse the data generated from a ‘before and after’ quasi-experiment (with statistical controls), then data from …

Sex Offender Law And The Geography Of Victimization, Amanda Y. Agan, J. J. Prescott

Articles

Sex offender laws that target recidivism (e.g., community notification and residency restriction regimes) are premised—at least in part—on the idea that sex offender proximity and victimization risk are positively correlated. We examine this relationship by combining past and current address information of registered sex offenders (RSOs) with crime data from Baltimore County, Maryland, to study how crime rates vary across neighborhoods with different concentrations of resident RSOs. Contrary to the assumptions of policymakers and the public, we find that, all else equal, reported sex offense victimization risk is generally (although not uniformly) lower in neighborhoods where more RSOs live. To …

The Progressive Development Of Turbulence Statistics And Its Impact On Wind Power Predictability, Thomas Woolmington, Keith Sunderland, Jonathan Blackledge, Michael Conlon

Articles

Wind resource assessment is a critical parameter in a diverse range of considerations within the built environment. Engineers and scientists, engaging in building design, energy conservation/application and air-quality/air-pollution control measures, need to be cognisant of how the associated wind resource imposes increased complexities in their design and modelling processes. In this regard, the morphological heterogeneities within these environments, present significant challenges to quantifying the resource and its turbulent characteristics.

This paper presents three aspects of turbulence assessment within the built environment. Firstly, an analysis of how turbulence is currently quantified is considered. The industry standard, Turbulent Intensity (TI) is compared …

Material Culture: A Review Of The 2013 Oxford Symposium On Food And Cookery, Máirtín Mac Con Iomaire

Articles

The focus of this year’s Oxford Symposium on Food and Cookery was on the stew stove not the stew; the knives not the meat; the salt pots or ‘nefs’ rather than the salt; the ‘chasen’ not the tea; the plates (whether pewter, ceramic, delftware, china, silver or gold) but not their food contents. We were gathered to discuss associated material culture of food and cookery rather than the perishable ephemeral substance that usually concerns this gathering now in its thirty-first year.

So, what did the 220 chefs, food historians, writers, scientists, anthropologists and general foodies learn from the weekend’s discussion …

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Samuel Bagenstos, Gabriel Chin, Gilda Daniels, Nicholas Stephanopoulos

Articles

No abstract provided.

'Tickling The Palate' Gastronomy In Irish Literature And Culture, Máirtín Mac Con Iomaire, Eamon Maher

Articles

This volume of essays which originated in the inaugural Dublin Gastronomy Symposium held in the Technological University Dublin in June 2012, offers fascinating insights into the significant role played by gastronomy in Irish literature and culture.

The book opens with an exploration of food in literature, covering figures as varied as Maria Edgeworth, James Joyce, Charles Dickens, Enid Blyton, John McGahern, and Sebastian Barry. Other chapters examine culinary practices among the Dublin working classes in the 1950's, offering a stark contrast to the haute cuisine served in the iconic Jammet's Restaurant; new trends among Ireland's 'foodie' generation; and the economic …

Why Do Countries Adopt Constitutional Review?, Tom Ginsburg, Mila Versteeg

Articles

No abstract provided.

The Governance Of Visibility: Bodies, Information, And The Politics Of Anonymity Across The Us-Mexico Borderlands, Robert Latham

Articles

This article explores the relationship between information and mobility as it is manifest at the Mexico-US border and understands that border to be one, although very important, site of information processing and production. Within the electronic as well as the physical spaces of the Mexico-US borderlands, it is argued that practices of evasion and exposure produce specific forms of politics. These forms bear on the militarization of the border, particular bourgeois anxieties, various instances of violence, the pursuit of survival strategies and recognition, and the emergence of resistance and countertactics. Also considered are possibilities for alternatives to the ways mobility …