Digital Commons Network^™

Redesigning Consumer Dispute Resolution: A Case Study Of The British And American Approaches To Insurance Claims Conflict, Daniel Schwarcz

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Much of insurance law and regulation is concerned with compensating consumers who have been wrongly denied coverage. But policyholders nonetheless have relatively few realistic options for challenging an insurer's adverse coverage determination. Litigation is often too slow and costly for those who have recently suffered significant financial loss. Meanwhile, the alternative dispute resolution (ADR) options that do exist-such as the conciliation services that insurance regulators offer or the existing variants of insurance arbitration-are generally either ineffective or unavailable for most disputes. This Article proposes a new way forward by looking to the United Kingdom's innovative Financial Ombudsman Service (FOS), which …

Disclosure, Endorsement, And Identity In Social Marketing, William Mcgeveran

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Social marketing is among the newest advertising trends now emerging on the internet. Using online social networks such as Facebook or MySpace, marketers can send personalized promotional messages featuring an ordinary customer to that customer's friends. Because they reveal a customer's browsing and buying patterns, and because they feature implied endorsements, the messages raise significant concerns about disclosure of personal matters, information quality, and individuals' ability to control the commercial exploitation of their identity. Yet social marketing falls through the cracks between several different legal paradigms that might allow its regulation-spanning from privacy to trademark and unfair competition to consumer …

Why Did Anyone Listen To The Rating Agencies After Enron?, Claire Hill

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Enron was rated investment grade by Moody’s, Standard and Poor’s, and Fitch until four days before it declared bankruptcy - scarcely a ringing endorsement of the agencies’ acumen. Even before Enron, the rating agencies had come in for significant criticism. Yet many investors who lost considerable sums in the financial crisis are saying that they relied on the rating agencies. How can this reliance be reconciled with what preceded it? I argue that an adaptive trait - incorporating new data that potentially conflicts with one’s pre-existing worldview so as to preserve as much of that worldview as possible - proved …

Women, Security, And The Patriarchy Of Internationalized Transitional Justice, Fionnuala Ní Aoláin

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In the contemporary global context, transition from conflict to peace and from authoritarian to democratic governance is a critical preoccupation of many states, particularly the United States. In these contexts, accountability for the abuses committed by prior regimes has been a priority for international institutions, states and new governments. Equally, transitional justice goals have expanded to include fashioning new domestic political and legal institutions and a broad range of structural reform in multiple spheres. Whether an expanded or contracted transitional justice paradigm is used to define the perimeters of change, gender concerns have been markedly absent across political contexts and …

Irb Guidance: The No Man's Land Of Tax Code Interpretation, Kristin Hickman

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This Symposium Essay compares current patterns and practices surrounding IRS utilization of IRB guidance (revenue rulings, revenue procedures, and notices) with administrative law doctrine concerning informal agency guidance documents. In administrative law jurisprudence, the distinction between legislative and interpretative rules (and thus whether the Administrative Procedure Act requires public notice and comment procedures) and the determination of whether Chevron or Skidmore provides the appropriate evaluative standard on judicial review both ultimately turn on whether the agency legal interpretation at issue carries the force and effect of law. The precise contours of the force of law concept are unclear, as is …

Staying Alive: Public Interest Law In Contemporary Latin America, Stephen Meili

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This paper explores the current state of public interest lawyering in three Latin American countries: Argentina, Brazil and Chile. Based on a series of open-ended interviews with lawyers, judges and social movement activists, it compares public interest lawyering in these countries now with how it was practiced when the author interviewed some of the same individuals in the early to mid 1990s. Its analysis is set within the context of important geopolitical and socio-legal phenomena: the current global economic crisis and the judicialization of politics and constitutionalization of rights that has swept across the region over the past two decades. …

The First Amendment Right Against Compelled Listening, Caroline Mala Corbin

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This Article argues for a new First Amendment right: the right against compelled listening. Free speech jurisprudence - which already recognizes the right to speak, the right to listen, and the right against compelled speech - is incomplete without the right against compelled listening. The same values that underlie the other free speech rights also lead to this right. Furthermore, this claim holds true regardless of whether one conceives of the primary purpose of the Free Speech Clause as creating a marketplace of ideas, enhancing participatory democracy, or promoting individual autonomy. The Article starts by examining the protection afforded to …

Teaching Multiple Skills In Drafting & Simulation Courses, Karen J. Sneddon

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Good morning. I am really excited to be at this conference as a transactional lawyer who never drafted anything before she went into practice and had very, very little experience with any of the other transactional skills that I would be using on a daily basis. I am really excited to hear about the number of courses and opportunities that students have now. Of course, I am thrilled to speak about the opportunities that I offer the students in my courses.

What I do is provide two opportunities to learn about counseling. Every student at Mercer University School of Law …

“He Would Kill Me With His Penis”: Genocidal Rape In Rwanda As A State Crime, Christopher W. Mullins

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Only recently have critical criminologists begun a systematic exploration of genocide, war crimes and crimes against humanity as state crimes (Kramer and Michalowski 2005; Mullins and Rothe 2008; Haveman and Smeulers 2008). This paper contributes to that growing literature through examining the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. It draws upon empirical examination of events depicted in transcripts of trials held before the International Criminal Tribunal for Rwanda. It qualitatively examines the role of leaders in producing mass sexual assaults. It explores how sexual mutilations were more intense expressions of what the …

An Analysis Of Drug Dissolution Rates In The Usp 24 Type 2 Apparatus, David Mcdonnell, Brendan Redmond, Deirdre M. D'Arcy, Anne Marie Healy, Owen Corrigan

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This paper applies boundary layer theory to the process of drug dissolution in the USP 24, Type 2 Apparatus. The mass transfer rate from the top flat surface of a compact in various positions within the device is evaluated by means of a Pohlhausen integral method.

A Generic Approach To Computer-Based Clinical Practice Guideling Management Using The Eca Rule Paradigm And Active Databases, Bing Wu, Kudakwashe Dube

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The increasing demand for reduced cost and improved quality of service in healthcare has prompted the call for better management of medical knowledge. The main emphasis has been on knowledge that is acquired through experience and medical research and then formalised into Clinical Practice Guidelines (CPGs). This paper presents a generic approach to CPG information and knowledge management that uses the Event-Condition-Action (ECA) rule paradigm and active databases within a unified management framework. The paper focuses on an approach for facilitating the use and management of CPGs by clinicians through delivering the CPGs at the point-of-care by a computerised mechanism.

Tril, A Functional Component Of The Tlr4 Signaling Complex, Highly Expressed In Brain, Susan Carpenter, Thaddeus Carlson, Jerome Dellacasagrande, Amaya Garcia, Sharon Gibbons, Paul J. Hertzog, Anthony Lyons, Lih-Ling Lin, Marina A Lynch, Tom P. Monie, Caroline Murphy, Katherine Seidl, Christine Anne Wells, Aisling Dunne, Luke O'Neill

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TLR4 is the primary sensor of LPS. In this study, we describe for the first time TLR4 interactor with leucine-rich repeats (TRIL), which is a novel component of the TLR4 complex. TRIL is expressed in a number of tissues, most prominently in the brain but also in the spinal cord, lung, kidney, and ovary. TRIL is composed of a signal sequence, 13 leucine-rich repeats, a fibronectin domain, and a single transmembrane spanning region. TRIL is induced by LPS in the human astrocytoma cell line U373, in murine brain following i.p. injection, and in human PBMC. Endogenous TRIL interacts with TLR4 …

Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado

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I analyze developments in California as that state approached the tipping point at which its population would contain 50 percent minorities of color I showed that elite whites were making consciously or not efforts to hang onto power beyond the point at which sheer numbers would suggest that they ought to be sharing it with citizens of color

Government Data Breaches, A. Michael Froomkin

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No abstract provided.

Only Yesterday: The Rise And Fall Of Twentieth Century Sexual Psychopath Laws, Tamara Rice Lave

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No abstract provided.

The Two Faces Of Lawyers: Professional Ethics And Business Compliance With Regulation, Christine E. Parker, Robert E. Rosen, Vibeke Lehmann Nielsen

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No abstract provided.

Against Practice, Anthony V. Alfieri

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No abstract provided.

A Frontier Justinian: An Introduction To The Life And Writings Of Harry Toulmin, Territorial Judge Of Mississippi And Alabama Legal History, Paul M. Pruitt Jr.

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No abstract provided.

The Economic Roots Of Domestic Violence, Donna Coker

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No abstract provided.

Metals Or Management? Explaining Africa's Recent Economic Growth Spurt, Laura Nyantung Beny, Lisa D. Cook

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Explanations for Africa's poor long-run growth performance have varied over time. The theories examined include geography (Jeffrey D. Sachs and Andrew Warner 1997); institutions (William Easterly and Ross Levine 1997; Daron Acemoglu, Simon Johnson, and James Robinson 2001, 2002; Nathan Nunn 2007, 2008); health (David Bloom and Sachs 1998; Gregory N. Price 2003); and economic dependency (William Darity 1982). More recently, economists have attempted to explain what The Economist has called Africa's new "period of unparalleled economic success" (The Economist 2008a, 33). Average annual real GDP growth was 1.8 percent between 1980 and 1989 and increased to 4.4 percent between …

The Patient Life: Can Consumers Direct Health Care?, Carl E. Schneider, Mark A. Hall

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The ultimate aim of health care policy is good care at good prices. Managed care failed to achieve this goal through influencing providers, so health policy has turned to the only market-based option left: treating patients like consumers. Health insurance and tax policy now pressure patients to spend their own money when they select health plans, providers, and treatments. Expecting patients to choose what they need at the price they want, consumerists believe that market competition will constrain costs while optimizing quality. This classic form of consumerism is today's health policy watchword. This article evaluates consumerism and the regulatory mechanism …

Thou Good And Faithful Servant, Carl E. Schneider

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Lawmakers are stewards of social resources. A current debate-over screening newborns for genetic disorders-illuminates dilemmas of that stewardship that have particularly plagued bioethics. Recently in the Report, Mary Ann Baily and Thomas Murray told the story of little Ben Haygood. He died from MCADD, a genetic disorder that can make long fasting fatal. Screening at birth would have let doctors alert Ben's parents. "After Ben died," Baily and Murray wrote, "his father became a passionate advocate for expanding Mississippi's newborn screening program to add MCADD and other disorders." Soon, the Ben Haygood Comprehensive Newborn Screening Act increased the number …

Working Group On Chapter 1 Of The Proposed Restatement Of Employment Law: Existence Of Employment Relationship, Dennis R. Nolan, Theodore J. St. Antoine, Joseph E. Slater, Alvin Goldman

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This article presents a critique of chapter 1 of the Proposed Restatement of Employment Law. The critique is organized to follow the organization of the proposed Restatement, which begins with a provision of black letter law, a series of comments and illustrations explaining the meaning and application of the black letter law, and the reporters' notes providing support for the black letter law and the commentary. This critique will follow that structure, with each part focusing on a section of the chapter: the introductory note; section 1.01; section 1.02; section 1.03; and section 1.04. The subdivisions of the parts will, …

Parens Patriae Run Amuck: The Child Welfare System's Disregard For The Constitutional Rights Of Non-Offending Parents, Vivek Sankaran

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Over the past hundred years, a consensus has emerged recognizing a parent's ability to raise his or her child as a fundamental, sacrosanct right protected by the Constitution. Federal courts have repeatedly rejected the parens patriae summary mode of decision making that predominated juvenile courts at the turn of the twentieth century and have instead held that juvenile courts must afford basic due process to parents prior to depriving them of custodial rights to their children. This recognition has led to the strengthening of procedural protections for parents accused of child abuse or neglect in civil child protection proceedings. Yet, …

Incorporating A 'Best Interests Of The Child' Approach Into Immigration Law And Procedure, Bridgette A. Carr

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United States immigration law and procedure frequently ignore the plight of children directly affected by immigration proceedings. This ignorance means decision-makers often lack the discretion to protect a child from persecution by halting the deportation of a parent, while parents must choose between abandoning their children in a foreign land and risking the torture of their children. United States immigration law systematically fails to consider the best interests of children directly affected by immigration proceedings. This failure has resulted in a split among the federal circuit courts of appeals regarding whether the persecution a child faces may be used to …

Application Of Natural Antimicrobials For Food Preservation, Brijesh Tiwari, Vasilis Valdramidis, Colm O' Donnell, Kasiviswanathan Muthukumarappan, Patrick J. Cullen, Paula Bourke

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In this review, antimicrobials from a range of plant, animal, and microbial sources are reviewed 10 along with their potential applications in food systems. Chemical and biochemical antimicrobial 11 compounds derived from these natural sources and their activity against a range of pathogenic and 12 spoilage microorganisms pertinent to food, together with their effects on food organoleptic proper- 13 ties, are outlined. Factors influencing the antimicrobial activity of such agents are discussed 14 including extraction methods, molecular weight, and agent origin. These issues are considered in 15 conjunction with the latest developments in the quantification of the minimum inhibitory (and …

Hmgb1 Mediates Endogenous Tlr2 Activation And Brain Tumor Regression, James Curtin, Naiyou Liu, Marianela Candolfi, Weidong Xiong, Hikmat Assi, Kader Yagiz, Matthew Edwards, Kathrin Michelsen, Kurt Kroeger, Chunyan Liu, Akm Ghulam Muhammad, Mary Clark, Moshe Arditi, Begonya Comin-Anduix, Antoni Ribas, Pedro Lowenstein, Maria Castro

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BACKGROUND: Glioblastoma multiforme (GBM) is the most aggressive primary brain tumor that carries a 5-y survival rate of 5%. Attempts at eliciting a clinically relevant anti-GBM immune response in brain tumor patients have met with limited success, which is due to brain immune privilege, tumor immune evasion, and a paucity of dendritic cells (DCs) within the central nervous system. Herein we uncovered a novel pathway for the activation of an effective anti-GBM immune response mediated by high-mobility-group box 1 (HMGB1), an alarmin protein released from dying tumor cells, which acts as an endogenous ligand for Toll-like receptor 2 (TLR2) signaling …

Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation, And Play,, Janet E. Lord, Michael Ashley Stein

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No abstract provided.

The Antimicrobial Efficacy And Structure Activity Relationship Of Novel Carbohydrate Fatty Acid Derivatives Against Listera Spp. And Food Spoilage Microorganisms, Patricia Nobmann, Aoife Smith, Julie Dunne, Gary Henehan, Paula Bourke

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Novel mono-substituted carbohydrate fatty acid (CFA) esters and ethers were investigated for their antibacterial activity against a range of pathogenic and spoilage bacteria focussing on Listeria monocytogenes. Carbohydrate derivatives with structural differences enable comparative studies on the structure/activity relationship for antimicrobial efficacy and mechanism of action. The antimicrobial efficacy of the synthesized compounds was compared with commercially available compounds such as monolaurin and monocaprylin, as well as the pure free fatty acids, lauric acid and caprylic acid, which have proven antimicrobial activity. Compound efficacy was compared using an absorbance based broth microdilution assay to determine the minimum inhibitory concentration (MIC), …

Antitumour And Antimalarial Activity Of Artemisinin–Acridine Hybrids, Michael Jones, Amy Mercer, Paul Stocks, Louise La Pensee, Rick Cosstick, B. Kevin Park, Miriam Kennedy, Ivo Piantanida, Stephen Ward, Jill Davies, Patrick Bray, Sarah Rawe, Jonathon Baird, Tafadzwa Charidza, Omar Janneh, Paul O'Neill

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Artemisinin–acridine hybrids were prepared and evaluated for their in vitro activity against tumour cell lines and a chloroquine sensitive strain of Plasmodium falciparum. They showed a 2–4-fold increase in activity against HL60, MDA-MB-231 and MCF-7 cells in comparison with dihydroartemisinin (DHA) and moderate antimalarial activity. Strong evidence that the compounds induce apoptosis in HL60 cells was obtained by flow cytometry, which indicated accumulation of cells in the G1 phase of the cell cycle.