Digital Commons Network^™

Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia

Articles

Hydraulic fracturing—also known as fracking—has become increasingly controversial in the United States over the past several years, especially in states such as Michigan with large shale gas deposits that were previously unextractable. In 2012, a Michigan fracking ban initiative failed to make it onto the November statewide ballot, but citizens groups are presently collecting signatures in an attempt to get the initiative onto the November 2014 ballot as an “initiated state statute.” And, more recently, state auctions of drilling permits have been the scenes of citizen protests driven by concerns about the potential environmental impacts of hydraulic fracturing.

Bargaining Over Loyalty, Daniel A. Crane

Articles

Contracts between suppliers and customers frequently contain provisions rewarding the customer for exhibiting loyalty to the seller. For example, suppliers may offer customers preferential pricing for buying a specified percentage of their requirements from the supplier or buying minimum numbers of products across multiple product lines. Such loyalty-inducing contracts have come under attack on antitrust grounds because of their potential to foreclose competitors or soften competition by enabling tacit collusion among suppliers. This Article defends loyalty inducement as a commercial practice. Although it can be anticompetitive under some circumstances, rewarding loyal customers is usually procompetitive and price reducing. The two …

Interpersonal Power In The Criminal System, Kimberly A. Thomas

Articles

This Article identifies the workings of interpersonal power in the criminal system and considers the effect of these cases on criminal theory and practice. By uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken. This Article has roots in my former work as a Philadelphia public defender and in my current work as a clinical professor with students who appear in criminal and juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer's tasks is to discover the multiple "real" stories behind the …

Non-Cytotoxic Antibacterial Silver–Coumarin Complex Doped Sol–Gel Coatings, Swarna Jaiswal, Kunal Bhattacharya, Maeve Sullivan, Maureen Walsh, Bernadette Creaven, Fathima Laffir, Brendan Duffy, Patrick Mchale

Articles

Microbial colonisation on clinical and industrial surfaces is currently of global concern and silane based sol–gel coatings are being proposed as potential solutions. Sol–gels are chemically inert, stable and homogeneous and can be designed to act as a reservoir for releasing antimicrobial agents over extended time periods. In the present study, silver nitrate (AgN) and a series of silver coumarin complexes based on coumarin-3-carboxylatosilver (AgC) and it is 6,7 and 8 hydroxylated analogues (Ag6, Ag7, Ag8) were incorporated into sol–gel coatings. The comparative antibacterial activity of the coatings was determined against meticillin resistant Staphylococcus aureus (MRSA) and multidrug resistance Enterobacter …

Originalism And Purpose: A Precis Symposium: Back To The Basics: Originalism And Textualism In Constitutional Interpretation Today, Mark E. Brandon

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No abstract provided.

Rico Trends: From Gangsters To Class Actions, Pamela Bucy Pierson

Articles

This article addresses the question why isn't RICO used much RICO the Racketeer Influenced and Corrupt Organizations Act both a crime and a civil cause of action was passed in 1970 with much fanfare The fanfare was deserved RICO was an imaginative criminal justice initiative aimed at complex systemic crime RICO's civil cause of action was viewed as a robust tool for plaintiffs and a vital supplement to strained law enforcement resources After conducting an indepth analysis of RICO opinions reported and unreported rendered by the federal appellate courts during the seven year time period from 20052011 this article has …

Complexity In Property, Meredith M. Render

Articles

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 …

Imagining A Same-Sex Marriage Decision Based On Dignity: Considering Human Experience In Constitutional Law, Danieli Evans

Articles

California’s Proposition 8 allows same sex couples to join through civil unions, which grant the legal benefits afforded to married couples but denies them the official label of “marriage.” The lower court eschewed the question of whether Proposition 8 burdens any fundamental right by concluding there is not even a rational basis (the minimum standard for the constitutionality of any law) for this law, as its sole effect is to deny same sex couples the designation of marriage.

We appreciate the lower court’s caution not to extend our fundamentalrights jurisprudence beyond precedent. However, we are positioned to elaborate fundamental constitutional …

Not So Common (Law) Marriage: Notes From A Blue State, Tom Andrews

Articles

One of the continuing challenges for American marital property law in the twenty-first century, broadly understood, is what to do about property disputes between domestic partners who are not married. More precisely, the challenge is determining what to do when there are property disputes between unmarried intimate partners, whether heterosexual or homosexual. From what I can tell, this is as much of a challenge in Texas as it is in the rest of the country.

In the northwest corner of the country, we have a set of attitudes that, like many social and cultural norms, have found their way into …

Emergency Response: A Systemic Approach To Diaper Rash, Chest Pain, And Medicaid In The Ed, Sallie Thieme Sanford [email protected]

Articles

In an effort to rein in health care costs, states have focused on non-emergent use of the Emergency Department (ED) by people with Medicaid coverage, although this is an issue that cuts across payor groups. Particularly in light of the Affordable Care Act insurance expansions, I argue for a system-based approach that views ER overutilization as less a reflection of poor judgment on the part of patients and more a consequence of poor access to primary care and poor systems for managing the complex circumstances of high utilizers. I describe a state program of seven “best practices,” and argue that …

Property, Privacy And Power: Rethinking The Fourth Amendment In The Wake Of U.S. V. Jones, Dana Raigrodski

Articles

This Article seeks to uncover invisible gender, race, and class biases driving modern Fourth Amendment discourse. Unlike traditional theories, which tend to view the Fourth Amendment through the lens of either privacy or property, this Article advances a theory focusing on the real issues of power and control that fuel Fourth Amendment jurisprudence. Specifically, the Article exposes the private/public and home/market dichotomies that are central to the Supreme Court rhetoric as arbitrary and artificial. It finds that current Fourth Amendment discourse protects the interest of white, privileged men and perpetuates male ideology as well as male domination. That focus leaves …

Judges And Their Papers, Kathryn A. Watts

Articles

Who should own a federal judge’s papers?

This question has rarely been asked. Instead, it has generally been accepted that the Justices of the U.S. Supreme Court and other federal judges own their working papers, which include papers created by judges relating to their official duties, such as internal draft opinions, confidential vote sheets, and case-related correspondence. This longstanding tradition of private ownership has led to tremendous inconsistency. For example, Justice Thurgood Marshall’s papers were released just two years after he left the bench, revealing behind-the-scenes details about major cases involving issues such as abortion and flag burning. In contrast, …

Against Notice Skepticism In Privacy (And Elsewhere), M. Ryan Calo

Articles

What follows is an exploration of innovative new ways to deliver privacy notice. Unlike traditional notice that relies upon text or symbols to convey information, emerging strategies of “visceral” notice leverage a consumer’s very experience of a product or service to warn or inform. A regulation might require that a cell phone camera make a shutter sound so people know their photo is being taken. Or a law could incentivize websites to be more formal (as opposed to casual) wherever they collect personal information, as formality tends to place people on greater guard about what they disclose. The thesis of …

Introduction To Mobile Money In Developing Countries: Financial Inclusion And Financial Integrity Conference Special Issue, Jane K. Winn, Louis De Koker

Articles

This special issue of the Washington Journal of Law, Technology & Arts contains papers contributed to a conference held at the University of Washington School of Law on April 20, 2012. The conference, entitled Mobile Money in Developing Countries: Financial Inclusion and Financial Integrity, was organized by the University of Washington School of Law with the support of the Linden Rhoads Dean’s Innovation Fund, Deakin University School of Law, Australia, and the United Nations Commission on International Trade Law (UNCITRAL).

The conference provided an early opportunity to analyze the impact of the newly-released revised 2012 Financial Action Task Force (FATF) …

The Real Issue Behind Stanford V. Roche: Faulty Conceptions Of University Assignment Policies Stemming From The 1947 Biddle Report, Sean M. O'Connor

Articles

The recent Supreme Court decision in Stanford v. Roche laid bare a faulty assumption of the federal research funding system. Government patent policy for federally funded research relies on "contractors"—the recipients of federal funding—to secure patent assignments from their employees. While this practice was routine for private firms and nonprofit research institutions, it was not for universities. This was in part based on the relationship of faculty and other researchers to universities that differed from industry employment relationships.

The roots of this faulty assumption can be traced to the seminal 1947 Biddle Report. Detailed monographs drafted as appendices to …

The Psychotherapist Privilege: Privacy And "Garden Variety" Emotional Distress, Helen A. Anderson

Articles

Surprisingly, there is no clear authority on implied waiver of the psychotherapist-patient privilege in federal courts. There is binding authority from the Supreme Court establishing the privilege, but the bold outlines of that decision have been blurred in the confusion about implied waiver.

This Article explores one aspect of that confusion: the popular "garden variety" approach, which favors plaintiffs with what the court deems garden variety, or "normal," mental distress. Although a few other scholars have written on the confusion in the law of implied waiver, this is the first article to look closely at the garden variety approach, which …

Ecotoxicological Assessment Of Silica And Polystyrene Nanoparticles Assessed By A Multitrophic Test Battery, Maria Casado-Gavalda, Ailbhe Macken, Hugh Byrne

Articles

The acute ecotoxicity of different diameters of silica and polyethyleneimine polystyrene (PS-PEI)nanoparticles (NPs)was assessed on a test battery of aquatic organisms representing different trophic levels. Daphnia magna, Thamnocephalus platyurus, Pseudokirchneriella subcapitata and Vibrio fischeri, were employed in a series of standard acute ecotoxicity tests and work was complemented with two cytotoxicological end points on a rainbow trout gonadal cell line (RTG-2). Physico-chemical characterization of the NPs was performed in the different test media employed, using dynamic light scattering (DLS) and zeta potentiometry. In contrast to silica NPs exposure, for which no effect was observed for concentrations up …

Pulmonary Dwcnt Exposure Causes Sustained Local And Low-Level Systemic Inflammatory Changes In Mice, Furong Tian, Junja C. Habel-Ungewitter, Yin Renfu, Tobias Stoger

Articles

Carbon nanotubes (CNTs) represent promising vectors to facilitate cellular drug delivery and to overcome biological barriers, but some types may also elicit persistent pulmonary inflammation based on their fibre characteristics. Here, we show the pulmonary response to aqueous suspensions of block copolymer dispersed, double-walled carbon nanotubes (DWCNT, length 1–10 lm) in mice by bronchoalveolar lavage (BAL) analysis, and BAL and blood cytokine and lung antioxidant profiling. The intratracheally instilled dose of 50 lg DWCNT caused significant pulmonary inflammation that was not resolved during a 7- day observation period. Light microscopy investigation of the uptake of DWCNT agglomerates revealed no particle …

The Trials And Tribulations Of Japan’S Legal Education Reforms, Daniel H. Foote

Articles

A sense of momentum accompanied the start of Japan's new legal education system in the spring of 2004. Less than three years had passed since the Justice System Reform Council (the Reform Council) issued its final report in June 2001, proposing a major restructuring of Japan's legal training system centered on a new tier of graduate level law schools. And less than a year and a half had elapsed since the details of the law school system were decided and enabling legislation passed. Despite the tight timetable, sixty-eight law schools were ready to commence operations in 2004, having arranged facilities, …

Consumer Subject Review Boards: A Thought Experiment, Ryan Calo

Articles

The adequacy of consumer privacy law in America is a constant topic of debate. The majority position is that United States privacy law is a “patchwork,” that the dominant model of notice and choice has broken down, and that decades of self-regulation have left the fox in charge of the henhouse. A minority position chronicles the sometimes surprising efficacy of our current legal infrastructure.

But the challenges posed by big data to consumer protection feel different. They seem to gesture beyond privacy’s foundations or buzzwords, beyond “fair information practice principles” or “privacy by design.” The challenges of big data may …

Eggshell Economics: A Revolutionary Approach To The Eggshell Plaintiff Rule, Steve Calandrillo, Dustin E. Buehler

Articles

For more than a century, courts have universally applied the eggshell plaintiff rule, which holds tortfeasors liable for the full extent of the harm inflicted on vulnerable “eggshell” victims. Liability attaches even when the victim’s condition and the scope of her injuries were completely unforeseeable ex ante.

This Article explores the implications of this rule by providing a pioneering economic analysis of eggshell liability. It argues that the eggshell plaintiff rule misaligns parties’ incentives in a socially undesirable way. The rule subjects injurers to unfair surprise, fails to incentivize socially optimal behavior when injurers have imperfect information about expected accident …

Organizing Interlocal Entities: What Form Is Best… And Does The Interlocal Cooperation Act Need A Rewrite?, Hugh D. Spitzer

Articles

Intergovernmental cooperation is a generally-accepted approach to cooperative service delivery by Washington state and local agencies. Most municipal lawyers are involved from time to time in negotiating interlocal agreements and forming intergovernmental entities to assist municipalities in carrying out their responsibilities on a cooperative basis. There are a large number of legal tools available for interlocal arrangements. This paper focuses on several specific structural questions relating to intergovernmental entities:

• Sources of authority, and when and when not to use the Interlocal Cooperation Act (Ch. 39.34 RCW).
• When using the Interlocal Cooperation Act, what type of separate entity (if any) to …

An Ultra-Performance Liquid Chromatoghraphy-Tandem Mass Spectrometry (Uplc-Ms/Ms) Method For The Rapid And Sensitive Determination Of Sulforaphane And Sulforaphane Nitrile In Brassica Vegetables, Laura Alvarez Jubete, Thomas J. Smyth, Juan Valverde, Dilip K. Rai, Catherine Barry-Ryan

Articles

A rapid UPLC-MS/MS method has been developed and validated for the simultaneous analysis of sulforaphane and sulforaphane nitrile from Brassica Oleracea L. This method was developed utilising an Acquity BEH C8 column with gradient elution combined with tandem mass spectrometry detection, using positive ion electrospray ionisation in multiple reaction monitoring (MRM) mode. The method was validated for linearity, sensitivity, precision, accuracy, matrix effects and recovery. The retention times for sulforaphane and sulforaphane nitrile were 0.4 and 0.6 min, respectively. The limits of detection and lower limits of quantification were 0.005 μM and 0.01 μM respectively for sulforaphane, and 0.06 μM …

Vibrational Spectroscopy In Sensing Radiobiological Effects: Analyses Of Targeted And Non-Targeted Effects In Human Keratinocytes, Aidan Meade, Orla L. Howe, Valerie Unterreiner, Ganesh Sockalingum, Hugh Byrne, Fiona Lyng

Articles

Modern models of radiobiological effects include mechanisms of damage initiation, sensing and repair, for those cells that directly absorb ionizing radiation as well as those that experience molecular signals from directly irradiated cells. In the former case, the effects are termed targeted effects while, in the latter, non-targeted effects. It has emerged that phenomena occur at low doses below 1Gy in directly irradiated cells which are associated with cell-cycle dependent mechanisms of DNA damage sensing and repair. Likewise in non-targeted bystander irradiated cells the effect saturates at 0.5Gy. Both effects at these doses challenge the limits of detection of vibrational …

Synthesis And Biochemical Activities Of Antiproliferative Amino Acid And Phosphate Derivatives Of Microtubule-Disrupting Beta-Lactam Combretastatins, Niamh M. O'Boyle, Lisa M. Greene, Niall O. Keely, Shu Wang, Tadhg S. Cotter, Daniela M. Zisterer, Mary J. Meegan

Articles

The synthesis and biochemical activities of novel water-soluble β-lactam analogues of combretastatin A-4 are described. The first series of compounds investigated, β-lactam phosphate esters 7a, 8a and 9a, exhibited potent antiproliferative activity and caused microtubule disruption in human breast carcinoma-derived MCF-7 cells. They did not inhibit tubulin polymerisation in vitro, indicating that biotransformation was necessary for their antiproliferative and tubulin binding effects in MCF-7 cells. The second series of compounds, β-lactam amino acid amides (including 10k and 11l) displayed potent antiproliferative activity in MCF-7 cells, disrupted microtubules in MCF-7 cells and also inhibited the polymerisation of …

Exploring Taxation As A Substitute For Overregulation In The Development Process, Stewart E. Sterk

Articles

No abstract provided.

Jeffrey O'Connell And The Market In Tort Claims, Anthony J. Sebok

Articles

This article examines a transitional period in Jeffrey O'Connell's long and productive career as an observer and critic of the American civil justice system. By the early 1970's O'Connell had begun to abandon enterprise liability as a solution to the waste and undercompensation he saw in the tort system. Eventually O'Connell would develop solutions that focused on constraining plaintiffs' attorneys, and less on no-fault compensation. Before reaching this point, O'Connell proposed a no-fault insurance scheme that would be paid for by fault-based tort litigation. This proposal, which he called "elective first party no-fault insurance" ("EFPI") is the focus of this …

The Constitutionality Of Consumer Privacy Regulation, Felix T. Wu

Articles

The article argues for enhanced consumer privacy protections through improved notices and restrictions on data sharing, while addressing potential First Amendment concerns by emphasizing the commercial nature of the entities involved. It suggests that regulating commercial data practices differs from restricting individual free speech and should not face the same legal hurdles.

Finite Element Analysis Of Balloon-Expandable Coronary Stent Deployment: Influence Of Angioplasty Balloon Configuration, David Martin, Fergal Boyle

Articles

Today, the majority of coronary stents are balloon-expandable and are deployed using a balloon-tipped catheter. To improve deliverability, the membrane of the angioplasty balloon is typically folded about the catheter in a pleated configuration. As such, the deployment of the angioplasty balloon is governed by the material properties of the balloon membrane, its folded configuration and its attachment to the catheter. Despite this observation, however, an optimum strategy for modelling the configuration of the angioplasty balloon in finite element studies of coronary stent deployment has not been identified, and idealised models of the angioplasty balloon are commonly employed in the …

Improving Tribological Properties Of Cast Al-Si Alloys Through Application Of Wear-Resistant Thermal Spray Coatings, David Culliton, Tony Betts, Sandra Carvalho, David Kennedy

Articles

Flame Spray Thermal Spray coatings are low-cost, high-wear surface-treatment technologies. However, little has been reported on their potential effects on cast automotive aluminum alloys. The aim of this research was to investigate the tribological properties of as-sprayed NiCrBSi and WC/12Co Flame Spray coatings applied to two cast aluminum alloys: high-copper LM24 (AlSi8Cu3Fe), and low-copper LM25 (AlSi7Mg). Potential interactions between the mechanical properties of the substrate and the deposited coatings were deemed to be significant. Microstructural, microhardness, friction, and wear (pin-on-disk, microabrasion, Taber abrasion, etc.) results are reported, and the performance differences between coatings on the different substrates were noted. The …