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Articles 3661 - 3690 of 7467
Full-Text Articles in Entire DC Network
Food Trucks, Incremental Innovation, And Regulatory Ruts, Elizabeth Kregor
Food Trucks, Incremental Innovation, And Regulatory Ruts, Elizabeth Kregor
Articles
No abstract provided.
Foreword: The Supreme Court's Shadow Docket, William Baude
Foreword: The Supreme Court's Shadow Docket, William Baude
Articles
No abstract provided.
Challenging The Randomness Of Panel Assignments In The Federal Courts Of Appeals, Adam S. Chilton, Marin Levy
Challenging The Randomness Of Panel Assignments In The Federal Courts Of Appeals, Adam S. Chilton, Marin Levy
Articles
No abstract provided.
Slicing Spontaneity, Lee Anne Fennell
Slicing Spontaneity, Lee Anne Fennell
Articles
In this symposium essay, I consider the role of resource segmentation — the natural or artificial division of resources into appropriable or contributable units — in eliciting and maintaining coordination in the absence of formal private property rights o
Beyond Relational Contracts: Social Capital And Network Governance In Procurement Contracts, Lisa Bernstein
Beyond Relational Contracts: Social Capital And Network Governance In Procurement Contracts, Lisa Bernstein
Articles
No abstract provided.
Legal Scholarship For Judges, Diane P. Wood
Cost-Benefit Analysis Of Financial Regulations: A Response To Criticisms, Eric A. Posner, E. Glen Weyl
Cost-Benefit Analysis Of Financial Regulations: A Response To Criticisms, Eric A. Posner, E. Glen Weyl
Articles
No abstract provided.
Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel
Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel
Articles
In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be “constructed” upon by various materials. This Article takes a different approach. Instead of considering how various materials can supplement or implement the constitutional text, it focuses on how the text itself is often partially constructed in American constitutional practice. Although interpreters typically regard clear text as controlling, this Article contends that whether the text is perceived to be clear is often affected by various “modalities” of constitutional interpretation that are normally thought to come …
Milliken, Meredith And Metropolitan Segregation, Myron Orfield
Milliken, Meredith And Metropolitan Segregation, Myron Orfield
Articles
No abstract provided.
A Response To The Ipcc Fifth Assessment, Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs
A Response To The Ipcc Fifth Assessment, Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs
Articles
The Intergovernmental Panel on Climate Change's (IPCC) Fifth Assessment Report presented significant data and findings about climate change. But the IPCC's working groups' summaries for policymakers avoid making normative statements about the IPCC's findings. The authors, members of the Environmental Law Collaborative, bridge this gap by identifying the normative claims that stem from the working groups' summaries to spark deeper discussion and help shape the IPCC's sixth assessment.
Fracking And The Public Trust Doctrine: A Response To Spence, Alexandra Klass
Fracking And The Public Trust Doctrine: A Response To Spence, Alexandra Klass
Articles
No abstract provided.
The Public Trust Doctrine In The Shadow Of State Environmental Rights Laws: A Case Study, Alexandra B. Klass
The Public Trust Doctrine In The Shadow Of State Environmental Rights Laws: A Case Study, Alexandra B. Klass
Articles
This Article looks at the relationship between state environmental rights statutes and the common law public trust doctrine. In addressing this issue, it focuses on the state of Minnesota, where, in the early 1970s, the state legislature enacted a far-reaching environmental rights statute, the Minnesota Environmental Rights Act (MERA), that served to codify many public trust principles. Beginning in the early 1970s and for the next forty years, litigants in Minnesota that might otherwise have brought common law public trust doctrine claims for environmental protection purposes instead channeled that litigation through MERA. As a result, Minnesota courts have rarely been …
Rethinking The Geography Of Local Climate Action: Multi-Level Network Participation In Metropolitan Regions, Hari M. Osofsky
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 …
The Liberal Case For Hobby Lobby, Brett Mcdonnell
The Liberal Case For Hobby Lobby, Brett Mcdonnell
Articles
The Supreme Court decision in Burwell v. Hobby Lobby Stores, Inc. has stirred strong objections from political liberals. Those objections are misguided, and the Court's opinion reflects core liberal values of social responsibility and tolerance of diversity. In the first half of its decision, the Court held that in some circumstances, for-profit corporations committed to religious goals may invoke the religious liberty protection of the Religious Freedom Restoration Act (RFRA). Liberals have treated this as an appalling and/or humorous extension of rights, which should apply only to humans. However, the Court's decision rightly recognizes that corporations can, and sometimes do, …
Revitalizing Dormant Commerce Clause Review For Interstate Coordination, Alexandra B. Klass, Jim Rossi
Revitalizing Dormant Commerce Clause Review For Interstate Coordination, Alexandra B. Klass, Jim Rossi
Articles
Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as interstate oil pipelines and high-voltage, interstate electric transmission lines with state and local levels of government. At the same time, state siting and eminent domain regimes routinely enable and even encourage state regulators to hold out from approving interstate infrastructure projects, hobbling any hope for interstate coordination. This Article analyzes how judicial review under dormant Commerce Clause principles and doctrine can promote better interstate coordination by discouraging regulatory …
Against Immutability, Jessica A. Clarke
Against Immutability, Jessica A. Clarke
Articles
Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include not just those traits an individual cannot change, but also those considered too important for anyone to be asked to change. Sexual orientation and religion are paradigmatic examples. This Article critically examines this new concept of immutability, asking whether it is fundamentally different from the old one and how it might apply to characteristics on the borders of employment discrimination law’s protection, such as obesity, pregnancy, and …
A Critical Take On Group Regulation Of Insurers In The United States, Daniel Schwarcz
A Critical Take On Group Regulation Of Insurers In The United States, Daniel Schwarcz
Articles
U.S. insurance regulation focuses predominantly on individual insurance entities, rather than on groups of commonly owned and managed companies. Yet the bailout of AIG and emerging international norms increasingly suggest that effective insurance regulation must operate on both a legal-entity and a group-wide basis. For this reason, state insurance regulators have in recent years focused renewed attention on group insurance regulation. These efforts have produced a “windows and walls” framework for group regulation that attempts to insulate individual insurance companies from potential financial risks associated with their parents and affiliates (“walls”), while simultaneously allowing regulators to remain attuned to these …
The Imaginary Trademark Parody Crisis (And The Real One), William Mcgeveran
The Imaginary Trademark Parody Crisis (And The Real One), William Mcgeveran
Articles
In the two decades since the Supreme Court protected a crude rap spoof from copyright liability in Campbell v. Acuff-Rose Music, Inc., courts have grown to understand the great value of parodic expression in trademark cases as well. Today, plausible claims of parody almost always prevail over trademark rights in judicial rulings. This Article demonstrates that it is simply wrong to suggest, as commentators often do, that we face a crisis in the results of trademark parody cases. That distortion is harmful because it distracts reform efforts and it lends credence to overbroad assertions of trademarks against parody and other …
Default Localism, Or: How Many Laboratories Does It Take To Make A Movement, Kathleen Claussen
Default Localism, Or: How Many Laboratories Does It Take To Make A Movement, Kathleen Claussen
Articles
No abstract provided.
A Mini-Study Of Employee Turnover In Us Hospitals, Sandra Collins, Scott Collins, Richard C. Mckinnies 4537260, Eric P. Matthews
A Mini-Study Of Employee Turnover In Us Hospitals, Sandra Collins, Scott Collins, Richard C. Mckinnies 4537260, Eric P. Matthews
Articles
A mini-study was conducted to collect self-reported employee turnover rates in U.S. hospitals. The results indicate many hospitals are struggling with high employee turnover rates. Wide-spread variances in ratings were observed across hospitals which may be due to lack of consistency in how they each calculate their employee turnover. This makes benchmarking for the purposes of performance improvement challenging.
Shareholder Primacy And Corporate Compliance, Judd F. Sneirson
Shareholder Primacy And Corporate Compliance, Judd F. Sneirson
Articles
Corporations, like the rest of us, must comply with environmental and other laws or suffer the consequences. Unfortunately, these consequences can pale in comparison to the gains to be made from non-compliance. Law-and-economics scholarship recognizes this and, by treating many laws as mere costs of doing business, encourages a certain amount of deliberate non-compliance. According to this view, corporate compliance should turn on profitability or whether compliance would otherwise benefit the firm. This Article argues that the law-and-economics scholarship is wrong on the law, wrong as a matter of economics, and does not reflect how most firms in fact behave. …
Ecological Perspectives And Children’S Use Of The Internet: Exploring Micro To Macro Level Analysis, Brian O'Neill
Ecological Perspectives And Children’S Use Of The Internet: Exploring Micro To Macro Level Analysis, Brian O'Neill
Articles
Age-old debates on children’s encounters with media technologies reveal a long, fractured and contentious tradition within communication and media studies. Despite the fact there have been studies of e ects of media use by children since the earliest days of broadcasting, the subject remains under-theorised, poorly represented in the literature and not widely understood in media policy debates. Old debates have intensi ed in relation to the study of children and the internet. Pitted between alarmist accounts of risks, excessive use and harmful e ects on the one hand and the many accounts about „digital natives” and the transformational power …
Raman Micro-Spectroscopy For Rapid Screening Of Oral Squamous Cell Carcinoma, Luis Felipe Carvalho, Franck Bonnier, Kate O'Callaghan, Jeff O'Sullivan, Stephen Flint, Hugh Byrne, Fiona Lyng
Raman Micro-Spectroscopy For Rapid Screening Of Oral Squamous Cell Carcinoma, Luis Felipe Carvalho, Franck Bonnier, Kate O'Callaghan, Jeff O'Sullivan, Stephen Flint, Hugh Byrne, Fiona Lyng
Articles
Raman spectroscopy can provide a molecular-level fingerprint of the biochemical composition and structure of cells with excellent spatial resolution and could be useful to monitor changes in composition for dysplasia and early, non-invasive cancer diagnosis (carcinoma in situ), both ex-vivo and in vivo. In this study, we demonstrate this potential by collecting Raman spectra of nucleoli, nuclei and cytoplasm from oral epithelial cancer (SCC- 4) and dysplastic (pre-cancerous, DOK) cell lines and from normal oral epithelial primary cell cultures, in vitro, which were then analysed by principal component analysis (PCA) as a multivariate statistical method to discriminate the spectra. Results …
In Vitro Evaluation Of The Cytotoxicity Of A Folate-Modified Β-Cyclodextrin As A New Anti-Cancer Drug Delivery System, Zlata Tofzikovskaya, Alan Casey, Orla L. Howe, Christine O'Connor, Mary Mcnamara
In Vitro Evaluation Of The Cytotoxicity Of A Folate-Modified Β-Cyclodextrin As A New Anti-Cancer Drug Delivery System, Zlata Tofzikovskaya, Alan Casey, Orla L. Howe, Christine O'Connor, Mary Mcnamara
Articles
Many chemotherapeutic drugs are therapeutically non-selective and do not distinguish between healthy cells and tumour cells which can result in severe side effects and toxicity. Drug delivery systems can be used to target specific cells and therefore may eliminate many of the side effects, increasing drug efficiency and efficacy, and controlling drug release. One possible strategy for targeted drug delivery is to use unique molecular markers such as folate receptors in cancer cells. In this work the cytotoxicity of a novel cyclodextrin-folate conjugate, 6-deoxy-6-[(1-(-2amino)ethylamino)folate-β-cyclodextrin (CDEnFA) was studied using the MTT assay and the MCF-7 (Breast), HeLa (Cervical), A549 (Lung cancer) …
A Response To The Ipcc Fifth Assessment, Jessica Owley, Sarah J. Adams-Schoen, Deepa Badrinarayana,, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs
A Response To The Ipcc Fifth Assessment, Jessica Owley, Sarah J. Adams-Schoen, Deepa Badrinarayana,, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs
Articles
No abstract provided.
The Case For Categorical Nonenforcement, Leigh Osofsky
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Articles
No abstract provided.
Corporate Religious Liberty, Caroline Mala Corbin
From Anonymity To Identification, A. Michael Froomkin
From Anonymity To Identification, A. Michael Froomkin
Articles
This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational …
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin
Articles
Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides …