Digital Commons Network^™

The Attack On Nonprofit Status: A Charitable Assessment, James R. Hines Jr., Jill R. Horwitz, Austin Nichols

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American nonprofit organizations receive favorable tax treatment, including tax exemptions and tax-deductibility of contributions, in return for their devotion to charitable purposes and restrictions not to distribute profits. Recent efforts to extend some or all of these tax benefits to for-profit companies making social investments, including the creation of the new hybrid nonprofit/for-profit company form known as the Low-Profit Limited Liability Company, threaten to undermine the vitality of the nonprofit sector and the integrity of the tax system. Reform advocates maintain that the ability to compensate executives based on performance and to distribute profits when attractive investment opportunities are scarce …

The Antioxidant Properties Of Whey Permeate Treated Fresh-Cut Tomatoes, Lubna Ahmed, Ana Belen Martin-Diana, Daniel Rico, Catherine Barry-Ryan

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The aim of this research was to analyse the effects of three types of cheese whey permeate treatment on the antioxidant properties of fresh-cut tomatoes. Tomatoes were treated with whey permeate concentrate (PC), delactosed permeate (DP) and delactosed concentrate (DC), stored at 4 C for 10 days and compared to samples treated with the industry standard, chlorine (120 ppm). Samples treated with DP retained significantly higher antioxidant activity (FRAP) and total phenols (TP), when compared with those treated with PC and DC. DP showed significantly higher results than chlorine for DPPH, FRAP and TP. In DPPH assay, all whey permeate-treated …

The Law And Politics Of Us Participation In The Un Convention On The Rights Of Persons With Disabilities, Professor Michael Stein, Janet E. Lord, Penelope J.S. Stein

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No abstract provided.

Use Of Fourier Transform Infrared Spectroscopy And Chemometric Data Analysis To Evaluate Damage And Age In Mushrooms (Agaricus Bisporus) Grown In Ireland, Aoife O'Gorman, Gerard Downey, Aoife Gowen, Catherine Barry-Ryan, Jesus Maria Frias

Articles

The aim of this research was to investigate whether the chemical changes induced by mechanical damage and aging of mushrooms can be (a) detected in the mid-infrared absorption region and (b) identified using chemometric data analysis. Mushrooms grown under controlled conditions were bruise-damaged by vibration to simulate damage during normal transportation. Damaged and non-damaged mushrooms were stored for up to 7 days post-harvest. Principal component analysis of FTIR spectra showed evidence that physical damage had an effect on tissue structure and the aging process. Random forest classification models were used to predict damage in mushrooms producing models with error rates …

The Context Matters: Understanding The Evolution Of Finnish And Irish Entrepreneurship Policies, Jarna Heinonen, Ulla Hytti, Thomas M. Cooney

Articles

Purpose – The paper aims to describe the manner in which entrepreneurship policies are embedded in the national contexts and then through analysis offers a deeper understanding of the development of Finnish and Irish entrepreneurship policies. It seeks to focus on three questions: What is the context for entrepreneurship policies in the studied countries?; What kind of governance structure for entrepreneurship policy can be identified and derived from theoretical perspectives?; and What policy instruments and content are associated with governance rationale?

Design/methodology/approach – The empirical data involve primary data on national entrepreneurship policy documents illustrating the governance structure for policy …

Synthesis And Evaluation Of Azetidinone Analogues Of Combretastatin A-4 As Tubulin Targeting Agents, Niamh O'Boyle, Miriam Carr, Lisa M. Greene, Orla Bergin, Seema M. Nathwani, Thomas Mccabe, David G. Lloyd, Daniela M. Zisterer, Mary J. Meegan

Articles

The synthesis and antiproliferative activity of a new series of rigid analogues of combretastatin A-4 are described which contain the 1,4-diaryl-2-azetidinone (β-lactam) ring system in place of the usual ethylene bridge present in the natural combretastatin stilbene products. These novel compounds are also substituted at position 3 of the β-lactam ring with an aryl ring. A number of analogues showed potent nanomolar activity in human MCF-7 and MDA-MB-231 breast cancer cell lines, displayed in vitro inhibition of tubulin polymerization and did not cause significant cytotoxicity in normal murine breast epithelial cells. 4-(4-Methoxyaryl)-substituted compound 32, 4-(3-hydroxy-4-methoxyaryl)-substituted compounds 35 and 41 and …

Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo

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People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …

Random Heterogeneous Materials? The Robert Williams Book, News From Florida, The Stuff Of State Constitutional Law Reconceived (Book Review), Patrick O. Gudridge

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No abstract provided.

Class Dismissed: Contemporary Judicial Hostility To Small-Claims Consumer Class Actions, Myriam E. Gilles

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I start from the view that small-value consumer claims are a primary reason that class actions exist, and that without class actions many - if not most - of the wrongs perpetrated upon small-claims consumers would not be capable of redress. It would then seem to follow that the class action device should be readily available in small-claims consumer cases. And yet, over the past decade, federal district courts have repeatedly declined to certify class actions on grounds that are specific to small-claims consumer cases. Foremost among those grounds is the notion that the federal class action rule carries within …

Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandated Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman

Articles

In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual’s right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship.

Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act’s integration mandate, this Article argues that …

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Articles

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …

The Role Of Valuation In Federal Bankruptcy Exemption Process: The Supreme Court Reads Schedule C, David G. Carlson

Articles

In Taylor v. Freeland & Kronz, a debtor claimed a law suit was exempt. The bankruptcy trustee failed to object within the required period. Later, the law suit realized an amount that far exceeded the monetary limit to which the debtor was entitled. The Supreme Court permitted the debtor to keep all of the proceeds, even beyond the statutory limit, claiming that a deadline was a deadline. Recently, in Schwab v. Reilly, the Supreme Court overruled Taylor, holding that a claim to a monetarily limited item can only exempt the monetary limit. The Court tries and fails to "reconcile" these …

Assessment Of The Accuracy Of An Ultrasound Elastography Liver Scanning System Using A Pva-Cryogel Phantom With Optimal Acoustic And Mechanical Properties, S. Cournane, Louise Cannon, Jacinta Browne, Andrew Fagan

Articles

The accuracy of a transient elastography liver-scanning ultrasound system was assessed using a novel application of PVA-cryogel as a tissue-mimicking material with acoustic and shear elasticity properties optimized to best represent those of liver tissue. Although the liver scanning system has been shown to offer a safer alternative for diagnosing liver cirrhosis through stiffness measurement, as compared to the liver needle biopsy exam, the scanner’s accuracy has not been fully established. The Young’s elastic modulus values of 5-6wt% PVA cryogel phantoms, also containing glycerol and 0.3μm Al2O3 and 3μm Al2O3, were measured using a ‘gold standard’ mechanical testing technique and …

Transparency, Accountability, And Competency: An Essay On The Obama Administration, Google Government, And The Difficulties Of Securing Effective Governance Symposium: What Change Will Come: The Obama Administration And The Future Of The Administrative State, Ronald J. Krotoszynski Jr.

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No abstract provided.

Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary

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Recent decisions--all relying on a stylized example first provided by the Ortho court--hold that a multi-product seller that uses a bundled discount in a way that excludes an equally or more efficient competitor engages in predatory bundling. According to these decisions, a bundle can be considered “predatory” even when the price of the bundle exceeds its cost. This Article shows that the Ortho court's stylized example and its monopoly leveraging theory are erroneous. This Article further demonstrates that even when a bundle's price excludes more efficient competitors and even when a component in the bundle is priced below cost, and …

Living History Interview Comment, Richard Delgado, Jean Stefancic

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No abstract provided.

Race, Sex And Genes At Work: Uncovering The Lessons Of Norman-Bloodsaw, Elizabeth Pendo

Articles

The Genetic Information Nondiscrimination Act of 20081 ("GINA") is the first federal, uniform protection against the use of genetic information in both the workplace and health insurance. Signed into law on May 21, 2008, GINA prohibits an employer or health insurer from acquiring or using an individual's genetic information, with some exceptions.

One of the goals of GINA is to eradicate actual, or perceived, discrimination based on genetic information in the workplace and in health insurance. Although the threat of genetic discrimination is often discussed in universal terms - as something that could happen to any of us -the use …

Taking It To The Streets: A Public Right-Of-Way Project For Disability Law, Elizabeth Pendo

Articles

I teach a course in Disability Discrimination Law, which is designed as a civil rights course focused on the Americans with Disabilities Act (ADA). When the ADA was passed in 1990, it was celebrated by many as one of the most significant civil-rights victories of this century. The ADA was enacted to "provide clear, strong, consistent, [and] enforceable standards [for] addressing discrimination against individuals with disabilities" and prohibits discrimination in employment, public services and transportation, privatelyowned places of public accommodations, and telecommunications. Although the ADA is not the first federal law addressing disability, its passage made clear that the continued …

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

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No abstract provided.

When The Supreme Court Came To Michigan, Leonard M. Niehoff

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It is an arcane and curious chapter in the history of the federal courts. Under the terms of the Judiciary Act of 1789, the members of the Supreme Court of the United States were obligated to travel around the country and hear cases that were brought before the lower courts in their assigned circuits. This resulted in what the justices condemned as a "painful and improper situation. "

Law And The Social Control Of American Capitalism, William J. Novak

Articles

This Essay is part of a larger, ongoing investigation of the role of law in the creation of a modern American state from 1877 to 1932. That project charts the decline of an early nineteenth-century world of local, common law self government (what I called in a previous work a “well-regulated society”) and the rise of a distinctly modern administrative regulatory state in the United States. This new legal-political regime was rooted in three interlinked developments: the centralization of public power; the individualization of private right; and the constitutionalization of the rule of law. Beginning soon after the Civil War, …

Two Masters, Carl E. Schneider

Articles

American government rests on the principle of distrust of government. Not only is power within the federal government checked and balanced. Power is divided between the federal government and the state governments. So what if a state law conflicts with a federal law? The Constitution says that the "Constitution, and the Laws of the United States ... shall be the supreme Law of the Land; ... any Thing in the ... Laws of any State to the Contrary notwithstanding." Sometimes the conflict between federal and state law is obvious and the Supremacy Clause is easily applied. But sometimes ...

Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg

Articles

Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With …

The Last Best Hope For Progressivity In Tax, E. J. Mccaffery, James R. Hines Jr.

Articles

We argue that a spending tax, as opposed to an income or wage tax, is the “last best hope” for a return to significantly more progressive marginal tax rates than obtain today. The simple explanation for this central claim looks to incentive effects, especially for “rich people,” as both economists and commentators are inclined to focus. High marginal tax rates under an income tax fall on and hence deter the socially productive activities of work and savings. High marginal rates under a wage tax fall on and hence deter the socially productive activity of work alone. But high marginal rates …

An Outsider's View Of Dassonville And Cassis De Dijon: On Interpretation And Policy, Donald Regan

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My interest in the EC law on free movement of goods is long-standing and more than casual, but much less than scholarly. So I am delighted to contribute some remarks without pretending to expertise.

What Does Graham Mean In Michigan?, Kimberly A. Thomas

Articles

In Graham v. Florida, the United States Supreme Court held that life without parole could not be imposed on a juvenile offender for a nonhomicide crime.1 In this context, the Graham Court extensively discussed the diminished culpability of juvenile criminal defendants, as compared to adults. The Court relied on current scientific research regarding adolescent development and neuroscience. While the narrowest holding of Graham has little impact in Michigan, the science it relies on, and the potential broader implications for adolescents in Michigan, are significant.

The Multiple Common Law Roots Of Charitable Immunity: An Essay In Honor Of Richard Epstein's Contributions To Tort Law, Jill R. Horwitz

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Professor Epstein has long promoted replacing tort-based malpractice law with a new regime based on contracts. In Mortal Peril, he grounded his normative arguments in favor of such a shift in the positive, doctrinal history of charitable immunity law. In this essay, in three parts, I critique Professor Epstein’s suggestion that a faulty set of interpretations in charitable immunity law led to our current reliance on tort for malpractice claims. First, I offer an alternative interpretation to Professor Epstein’s claim that one group of 19th and early 20th century cases demonstrates a misguided effort to protect donor wishes. Rather, I …

The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J. J. Prescott

Articles

In this invited essay, I explore how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to civil legal services in the past, and how they might improve upon existing methods going forward. My argument proceeds in five parts. First, I briefly explain the optimal approach to allocating public funds from a welfare economics perspective. Second, I introduce the challenges of valuing “benefits” in the context of the public provision of legal services. Third, I summarize and critique existing attempts to quantify the benefits of and need for legal services funding. Specifically, I review, criticize, …

Leveraging Asylum, James C. Hathaway

Articles

I believe that the analysis underlying the leveraged right to asylum is conceptually flawed. As I will show, there is no duty of non-refoulement that binds all states as a matter of customary international law and it is not the case that all persons entitled to claim protection against refoulement of some kind are ipso facto entitled to refugee rights. These claims are unsound precisely because the critical bedrock of a real international legal obligation-namely, the consent of states evinced by either formal commitments or legally relevant actions -does not yet exist.

Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus

Articles

The indigent defense delivery system in the United States is in a state of crisis. Public defenders routinely handle well over 1,000 cases a year, more than three times the number of cases that the American Bar Association says one attorney can handle effectively. As a result, many defendants sit in jail for months before even speaking to their court-appointed lawyers. And when defendants do meet their attorneys, they are often disappointed to learn that these lawyers are too overwhelmed to provide adequate representation. With public defenders or assigned counsel representing more than 80% of criminal defendants nationwide, the indigent …