Digital Commons Network^™

Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson

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This Article analyzes the environmental justice implications of the BP Deepwater Horizon oil spill and proposes ways to better address these concerns currently and in the future. It explores the justice problems that have arisen with respect to the spill response, compensation, and employment and workers. The Article argues that these problems result from a mix of inadequate information, failure to incorporate environmental justice into planning, and statutory provisions that favor oil companies and limit protections for vulnerable populations. It proposes ways in which to address these causes in the context of this disaster and more broadly.

Women In The Post-Conflict Process: Reviewing The Impact Of Recent Un Actions In Achieving Gender Centrality, Dina Francesca Haynes, Naomi Cahn, Fionnuala Ní Aoláin

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The post-conflict terrain provides multiple opportunities for transformation on many different levels: protecting civilians, providing accountability for human rights violations committed during hostilities, reforming local and national laws, reintegrating soldiers, rehabilitating and providing redress for victims, establishing or re-establishing the rule of law, creating human rights institutions and new governance structures, altering cultural attitudes, improving socioeconomic conditions, and transforming gender roles and women’s status. This Article explores the effort to make gender central in the various legal and political regimes and processes in operation post-conflict, and specifically reviews SCR 1325 and its successor resolutions to assess their real contributions towards …

Suburban Climate Change Efforts: Possibilities For Small And Nimble Cities Participating In State, Regional, National, And International Networks, Hari M. Osofsky

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This Article provides a novel analysis of the capacity of suburbs to play a constructive role in addressing climate change. Small suburban cities represent the majority of metropolitan populations and emissions; encouraging their mitigation efforts, in addition to those of large center cities, is critical. In contrast to the conventional critique of suburbs as an undifferentiated group of sprawling emitters, the Article analyzes pathways for different types of small, nimble, suburban governments to learn from other localities and find cost-effective approaches to reducing emissions. It intertwines scholarship on (1) cities, suburbs, and climate change, (2) the complex demography of suburbs, …

Educating Lawyers For Community, Anthony V. Alfieri

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This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …

What Liaisons Say About Themselves And What Faculty Say About Their Liaisons, A U.S. Survey, Julie Arendt, Megan Lotts

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Liaison librarians and faculty in chemistry, English, and psychology departments at colleges and universities in the United States were surveyed. They answered questions about services provided by the liaison and satisfaction. Liaisons’ satisfaction with their performance was associated with active liaison service, such as recent contact with the department and more time spent on liaison work. Faculty satisfaction with liaisons was associated with contact with their liaisons. We did not find associations between liaisons’ descriptions of their work and faculty satisfaction with their liaisons for the pairs of faculty and their liaisons we were able to match.

Hal W. Trovillion's Role In Preserving The History Of "Bloody Williamson", Melissa A. Hubbard

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This article examines the efforts of Hal W. Trovillion, newspaper editor and private printer, to document the controversial history of his southern Illinois coal mining town in the early twentieth century. As a historical case study, it explores some of the challenges inherent in preserving original documents and cultural knowledge without institutional support, and with active interference from community members who worked to suppress information. Trovillion used his printing presses and contacts in the historical community to ensure that the turbulent events occurring in his town in the 1920s would be preserved in the archival record.

In Defense Of The Short Cut, Stephen M. Johnson

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Congress frequently gives administrative agencies a choice of several different tools—including legislative rulemaking, nonlegislative rulemaking, and adjudication—to interpret and apply the statutes that they administer. When Congress gives agencies a choice, courts rarely second-guess the agencies’ choice of policymaking tool. Rarely, that is, unless the agency chooses to interpret a statute through nonlegislative rulemaking. ...

Part II of this Article explores the variety of policymaking tools that are available to agencies, the deference generally accorded an agency’s choice of tool, and the reluctance of courts to defer when agencies choose to make policy through nonlegislative rulemaking. Part III explores Franklin’s …

What Do Final Year Engineering Students Know About Sustainable Development, Iacovos Nicolaou, Eddie Conlon

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This paper presents data from a project which aims to determine the level of knowledge and understanding of engineering students about Sustainable Development (SD). The data derives from a survey completed by final year engineering students in three Irish Higher Education Institutions. This paper is part of a larger study which examines the relationship between students’ and teachers’ understanding of SD. The results from the survey show that final year engineering students have a discipline-led conception of SD. The majority of the participants fail to acknowledge the complexity of the concept and focus only on environmental protection. Their knowledge of …

Quantitative Reagent-Free Detection Of Fibrinogen Levels In Human Blood Plasma Using Raman Spectroscopy, Kelvin Poon, Fiona Lyng, Peter Knief, Orla L. Howe, Aidan Meade, James Curtin, Hugh Byrne, Joseph Vaughan

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Fibrinogen assays are commonly used as part of clinical screening tests to investigate haemorrhagic states, for detection of disseminated intravascular coagulation and as a predictor of a variety of cardiovascular events. The Clauss assay, which measures thrombin clotting time, is the most commonly used method for measuring fibrinogen levels. Nevertheless, inconsistencies are present in inter-manufacturer reagent sources, calibration standards and methodologies. Automated coagulation analysers, which measure changes in optical density during the prothrombin time (PT-Fg), have found use in many hospitals. However, the PT-Fg method is found to give falsely elevated values due to varying choices of calibrants, reagents and …

Planning For Environmental Sustainability : Learning From Leed And The Usgbc, Shannon Chance

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The author analyzes the relationship between the US Green Building Council and higher education by examining campus use of LEED credits over time, and also suggests that the USGBC provides a model for large-scale learning organizations.

When Bad Speech Does Good, Mary Anne Franks

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No abstract provided.

Transparency And Financial Regulation In The European Union: Crisis And Complexity, Caroline Bradley

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No abstract provided.

Proof Of Classwide Injury, Sergio J. Campos

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No abstract provided.

The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart

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No abstract provided.

Neoliberal Land Conservation And Social Justice, Jessica Owley

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No abstract provided.

Coming Up: New Foundations In Latcrit Theory, Community, And Praxis, Francisco Valdes

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No abstract provided.

Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology, Charlton C. Copeland

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No abstract provided.

Resistance To Soybean Cyst Nematode: Rhg1, Ahmad Walid Afzali, Ali Srour, Aparna Natarajan, Navinder Saini, M Javed Iqbal, Matt Geisler, Hany A. El Shemy, David A. Lightfoot

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The genes underlying rhg1 lie at a sometimes dominant sometimes co-dominant locus, necessary for resistance to all Hg types of the soybean (Glycine max (L.) Merr.) cyst nematode (Heterodera glycines). Genomic research identified; nucleotide changes within a candidate gene encoding a receptor like kinase (RLK) that were capable of altering root development and thereby part of the resistance to Hg types 0 (race 3); changes in a laccase that are capable of altering cyst development; and genes underlying changes in membrane biology. This set of three genes are subject to co-selection with a modifier locus on another …

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López

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No abstract provided.

Disabling Racial Repetition, Zanita E. Fenton

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No abstract provided.

Down-Sizing The Little Guy Myth In Legal Definitions, Mirit Eyal-Cohen

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What is a “small business” in the eyes of the law? There is not one standard definition. Current legal definitions of a firm's size are inconsistent and overinclusive. They vary from one area of the law to another and within various sections of the same law. They create a skewed picture and result in data distortion that reinforces favoritism toward small entities, as studies on the contribution of small businesses to the economy are greatly dependent on these studies' delineation of the term “small.” In this time of huge deficits and rise in economic inequality, a lot of money is …

Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort

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Child welfare cases involving mental illness suffered either by a child or his parent can be among the most difficult and perplexing that a child’s lawyerguardian ad litem (L-GAL) will handle. They may present daunting problems of accessing necessary and appropriate services as well as questions about whether and when such mental health problems can be resolved or how best to manage them. They also require the L-GAL to carefully consider crucially important questions—rarely with all the information one would like to have and too often with information that comes late in the case, is fragmented or glaringly incomplete. This …

Building Resilience In Foster Children: The Role Of The Child's Advocate, Frank E. Vandervort, James Henry, Mark A. Sloane

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This Article provides an introduction to, and brief overview of trauma, its impact upon foster children, and steps children's advocates" can take to lessen or ameliorate the impact of trauma upon their clients. This Article begins in Part 11 by defining relevant terms. Part III addresses the prevalence of trauma among children entering the child welfare system. Part IV considers the neurodevelopmental (i.e., the developing brain) impact of trauma on children and will explore how that trauma may manifest emotionally and behaviorally. With this foundation in place, Part V discusses the need for a comprehensive trauma assessment including a thorough …

Clinical Faculty In The Legal Academy: Hiring, Promotion And Retention, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal, David A. Santacroce

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The Chair of the Association of American Law Schools (AALS) Section on Clinical Legal Education appointed us in 2005 to the Task Force on the Status of Clinicians and the Legal Academy (Task Force) to examine who is teaching in clinical programs and using clinical methodologies in American law schools and to identify the most appropriate models for clinical appointments within the legal academy. Our charges reflected two ongoing concerns: 1) the need to collect valid, reliable, and helpful data that would inform discussions on the breadth of clinical education in the legal academy and the status of clinical educators …

Antibiotic Resistance, Jessica D. Litman

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Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …

Shaken Baby Syndrome, Abusive Head Trauma, And Actual Innocence: Getting It Right, Keith A. Findley, Patrick D. Barnes, David A. Moran, Waney Squier

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In the past decade, the existence of shaken baby syndrome (SBS) has been called into serious question by biomechanical studies, the medical and legal literature, and the media. As a result of these questions, SBS has been renamed abusive head trauma (AHT). This is, however, primarily a terminological shift: like SBS, AHT refers to the two-part hypothesis that one can reliably diagnose shaking or abuse from three internal findings (subdural hemorrhage, retinal hemorrhage, and encephalopathy) and that one can identify the perpetrator based on the onset of symptoms. Over the past decade, we have learned that this hypothesis fits poorly …

United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan

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US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …

Should Mass Comments Count?, Nina A. Mendelson

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I am grateful to the Michigan Journal of Environmental & Administrative Law for the opportunity to reply to “Rulemaking vs. Democracy: Judging and Nudging Public Participation That Counts,” a terrific article by Professor Cynthia Farina, Mary Newhart, and Josiah Heidt of the Cornell eRulemaking Institute (“CeRI”). Farina, Newhart, and Heidt’s continuing commitment to structuring public engagement in e-rulemaking, both through scholarship and CeRI’s Regulation Room project, is one of the most hopeful signs for the future of that process. In their Article, the authors are concerned with agency treatment of large volumes of public comments in rulemaking, an increasingly common …

The Challenges Faced By Portuguese-Speaking Universities In Africa, Stephen Thompson, Jorge Ferrao

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A common challenge faced by members of the Association of Portuguese Language Universities (AULP) and by other higher education institutions around the world is providing access to up-to-date and relevant academic literature. In an age where more research is being published than ever before, institutions need to move with the times and recognise that we should change our approach to tertiary education. This report considers how a university based in a Portuguese speaking country can use e-learning to overcome some of the barriers presented by language in higher education.

Venture Capital In Ireland In Comparative Perspective, Frank Barry, Clare O'Mahony, Beata Sax

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This paper assembles the most comprehensive set of data available to offer a comparative perspective on venture capital in Ireland. The paper charts the emergence of the sector and the co-evolution of the demand and supply sides of the market. On the demand side, a flow of investment opportunities emerged – particularly from the indigenous software sector – for which venture capital represented an appropriate financing vehicle. Concurrently, on the supply side, publicly provided funding and other elements of public policy dramatically enhanced its availability. State support to the demand-side has been a multiple of state support to the supply …