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Public Access To Spatial Data On Private-Land Conservation, Jessica Owley, Amy Wilson Morris, Adena R. Rissman Jan 2009

Public Access To Spatial Data On Private-Land Conservation, Jessica Owley, Amy Wilson Morris, Adena R. Rissman

Articles

No abstract provided.


An Integrated Approach To The Toxicity Assessment Of Irish Marine Sediments Application Of Porewater Toxicity Identification Evaluation (Tie) To Irish Marine Sediments, Ailbhe Macken, Michelle Giltrap, Barry Foley, Evin Mcgovern, Brendan Mchugh, Maria Davoren Jan 2009

An Integrated Approach To The Toxicity Assessment Of Irish Marine Sediments Application Of Porewater Toxicity Identification Evaluation (Tie) To Irish Marine Sediments, Ailbhe Macken, Michelle Giltrap, Barry Foley, Evin Mcgovern, Brendan Mchugh, Maria Davoren

Articles

An integrated approach to the ecotoxicological assessment of Irish marine sediments was carried out between 2004 and 2007. Phase I Toxicity Identification Evaluation (TIE) of sediment porewaters from two sites on the east coast of Ireland were conducted. Initial Tier I screening of three Irish sites identified the need for TIE after significant toxicity was observed with Tisbe battagliai and the Microtox® assay at two of the assayed sites (Alexandra Basin and Dunmore East). Porewaters classified as toxic were characterised using four manipulations, ethylenediaminetetraacetic acid (EDTA) chelation, sodium thiosulphate addition, C18 Solid Phase Extraction (SPE) and Cation Exchange (CE) SPE. …


The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James Jan 2009

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James

Articles

No abstract provided.


Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert Jan 2009

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

Articles

The article explores the potential benefits of integrating proportionality theory, traditionally used in sentencing, into litigation challenging harsh prison conditions under the Eighth Amendment. It argues that this approach could offer new avenues for addressing the limitations of current conditions of confinement jurisprudence by reimagining how courts evaluate the constitutionality of prison conditions.


Some Thoughts On Judicial Review And Collaborative Governance, Michael Herz Jan 2009

Some Thoughts On Judicial Review And Collaborative Governance, Michael Herz

Articles

No abstract provided.


Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz Jan 2009

Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz

Articles

No abstract provided.


Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani Jan 2009

Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani

Articles

No abstract provided.


The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton Jan 2009

The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton

Articles

No abstract provided.


The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein Jan 2009

The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein

Articles

This article examines “the accidental procreation argument,” an argument against same-sex marriage that still has some traction in United States appellate courts. The accidental procreation argument is meant to take the place of one of the central arguments made by states — and almost universally accepted by courts — in the first batch of cases in the United States about same-sex marriage. That original procreation-based argument — now widely acknowledged to be inadequate — posited that marriage is crucially related to procreation; therefore, since same-sex couples cannot procreate, same-sex couples should not be allowed to marry. The accidental procreation argument …


First Approaches To Standard Protocols And Reference Materials For The Assessment Of Potential Hazards Associated With Nanomaterialss, Gordon Chambers, Hugh Byrne, Iseult Lynch, Micheal Riediker, Hans Bouwmeester, Hans Marvin, Alan Casey, Markus Berges, Martin Clift, Teresa Fernandez, Lise Fjellsbo, Lucienne Juillerat, Gert Roebben, Christoph, Klein, Qinglan Wu, Vince Hackley, Jean-Pierre Kaiser, Wolfganag Kreyling, Michael Garner, Peter Hatto,, Kenneth Dawson Jan 2009

First Approaches To Standard Protocols And Reference Materials For The Assessment Of Potential Hazards Associated With Nanomaterialss, Gordon Chambers, Hugh Byrne, Iseult Lynch, Micheal Riediker, Hans Bouwmeester, Hans Marvin, Alan Casey, Markus Berges, Martin Clift, Teresa Fernandez, Lise Fjellsbo, Lucienne Juillerat, Gert Roebben, Christoph, Klein, Qinglan Wu, Vince Hackley, Jean-Pierre Kaiser, Wolfganag Kreyling, Michael Garner, Peter Hatto,, Kenneth Dawson

Articles

All new technologies have an inherent risk, which is typically assessed alongside the development of applications of the technology. This is also the case for nanotechnology: a key concern in the case of engineered nanomaterials (ENMs) is that due to their very small size, NMs can reach areas such as the cell that are inaccessible to other materials, such as implants and drugs. As a result of their large surface area, NMs may be more reactive than other larger materials. The large physical and chemical variability of NMs, and the fact that small changes can have large consequences, mean that …


The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman Jan 2009

The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman

Articles

Abstract Purpose – This paper proposes the activity-based focus group as a useful method with which to generate talk-in-interaction among pre-schoolers. Analytically, it aims to illustrate, how transcribed talk-in-interaction can be subjected to a discourse analytic lens, to produce insights into how pre-schoolers use ‘Coca-Cola’ as a conversational resource with which to build product-related meanings and social selves. Design/methodology/approach - Fourteen activity-based discussion groups with pre-schoolers aged between two and five years have been conducted in a number of settings including privately run Montessori schools and community based preschools in Dublin. The talk generated through these groups has been transcribed …


The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr. Jan 2009

The Perils And The Promise Of Comparative Constitutional Law: The New Globalism And The Role Of The United States Shaping Human Rights, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Separation Of Powers In Brazil, Keith S. Rosenn Jan 2009

Separation Of Powers In Brazil, Keith S. Rosenn

Articles

No abstract provided.


Barack Obama, Margarita Lopez Torres, And The Path To Nomination, Ellen D. Katz Jan 2009

Barack Obama, Margarita Lopez Torres, And The Path To Nomination, Ellen D. Katz

Articles

Operating within these regimes, Obama was able to mount a credible--and ultimately successful--challenge to the leadership's choice for the nomination while Lopez Torres could not. This article offers an explanation why. It argues that Obama succeeded where Lopez Torres failed because the nomination process Obama traversed was more penetrable and more contestable than the one Lopez Torres faced.


Microfinance Managers Consider Online Funding: Is It Finance, Marketing, Or Something Else?, Deborah Burand Jan 2009

Microfinance Managers Consider Online Funding: Is It Finance, Marketing, Or Something Else?, Deborah Burand

Articles

Online platforms are changing the way we engage with the world. Facebook links, eBay auctions, ePal chats, even Second Life avatars—these are all online platforms that connect people, ideas, products, and markets. These platforms shape who we connect with as well as how we connect. This concept extends to philanthropy: Online philanthropy is changing the nature of how and where people give.1 An outgrowth of online philanthropy is online social investing. Kiva.org is one of the best known online lending and investment platforms. Since its launch in 2005, Kiva has grabbed the attention (and wallets) of over 350,000 online lenders, …


The Future Of American Labor And Employment Law: Hopes, Dreams, And Realities, Theodore J. St. Antoine Jan 2009

The Future Of American Labor And Employment Law: Hopes, Dreams, And Realities, Theodore J. St. Antoine

Articles

In many respects the US is a deeply conservative country. Unique among the major industrial democracies of the world, it imposes the death penalty, provides no national health insurance, fixes a high legal drinking age, and subscribes to the doctrine of employment at will. Perhaps not surprisingly, its labor movement is also one of the most conservative on earth, eschewing class warfare and aiming largely at the bread-and-butter goal of improved wages, benefits, and working conditions. Yet American employers have generally never been as accepting of unionization as their counterparts in other countries (Bok 1971; Freeman and Medoff 1984). Over …


Prosecuting Worker Endangerment: The Need For Stronger Criminal Penalties For Violations Of The Occupational Safety And Health Act, David M. Uhlmann Jan 2009

Prosecuting Worker Endangerment: The Need For Stronger Criminal Penalties For Violations Of The Occupational Safety And Health Act, David M. Uhlmann

Articles

A recent spate of construction deaths in New York City, similar incidents in Las Vegas, and scores of fatalities in recent years at mines and industrial facilities across the country have highlighted the need for greater commitment to worker safety in the United States and stronger penalties for violators of the worker safety laws. Approximately 6,000 workers are killed on the job each year1—and thousands more suffer grievous injuries—yet penalties for worker safety violations remain appallingly small, and criminal prosecutions are almost non-existent. In recent years, most of the criminal prosecutions for worker safety violations have been brought by the …


Can Bundled Discounting Increase Consumer Prices Without Excluding Rivals?, Daniel A. Crane, Joshua D. Wright Jan 2009

Can Bundled Discounting Increase Consumer Prices Without Excluding Rivals?, Daniel A. Crane, Joshua D. Wright

Articles

Since we abhor suspense, we will quickly answer the question our title poses: No. As a general matter, bundled discounting schemes lower prices to consumers unless they are predatory—that is to say, unless they exclude rivals and thereby permit the bundled discounter to price free of competitive restraint. The corollary of this observation is that bundled discounting is generally pro-competitive and pro-consumer and should only be condemned when it is capable of excluding rivals. We pose and answer this question because it is at the heart of Section VI of Professor Elhauge’s provocative draft article which is the subject of …


Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann Jan 2009

Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann

Articles

The Rivers and Harbors Act of 1899 often is considered the first environmental criminal statute because it contains strict liability provisions that make it a misdemeanor to discharge refuse into navigable waters of the United States without a permit. When Congress passed the Rivers and Harbors Act, however, it was far more concerned with preventing interference with interstate commerce than environmental protection. For practical purposes, the environmental crimes program in the United States dates to the development of the modem environmental regulatory system during the 1970s, and amendments to the environmental laws during the 1980s, which upgraded criminal violations of …


Secondary Human Rights Law, Monica Hakimi Jan 2009

Secondary Human Rights Law, Monica Hakimi

Articles

In recent years, the United States has appeared before four different treaty bodies to defend its human rights record. The process is part of the human rights enforcement structure: each of the major universal treaties has an expert body that reviews and comments on compliance reports that states must periodically submit. What's striking about the treaty bodies' dialogues with the United States is not that they criticized it or disagreed with it on the content of certain substantive rules. (That was all expected.) It's the extent to which the two sides talked past each other. Each presumed a different set …


When 'Good' Corporate Governance Makes 'Bad' (Financial) Firms: The Global Crisis And The Limits Of Private Law, Nicholas C. Howson Jan 2009

When 'Good' Corporate Governance Makes 'Bad' (Financial) Firms: The Global Crisis And The Limits Of Private Law, Nicholas C. Howson

Articles

In the aftermath of the global financial crisis of 2008–2009, investors, analysts, legislators, and pundits have spotlighted “good” or “improved” corporate governance as a remedy for all that presently ails us. It is one remedy in a long wish list that includes tougher requirements for risk capital, liquidity, and leverage; compensation and bonus reform; reimposition ofthe Glass-Steagall-like separation of bank “utility” and “casino” functions; the downsizing or breakup of institutions deemed “too big to fail;” enhanced consumer protection; securities law liability for secondary violators (like credit rating agencies); direct taxation of proprietary trading; “macroprudential” regulation; and new transparency requirements for …


Quick Off The Mark? In Favor Of Empowering The President-Elect, Nina A. Mendelson Jan 2009

Quick Off The Mark? In Favor Of Empowering The President-Elect, Nina A. Mendelson

Articles

The United States’s presidential transition period is too long. Between November 7, 2008, and January 20, 2009, the media quickly identified a “‘leadership vacuum.’” In contrast to those of President-elect Obama, President Bush’s approval ratings were at historic lows. One reporter commented in late November, “The markets, at least, seem to be listening to one [P]resident—and he’s not the one in the Oval Office,” and another noted that “everyone . . . ignores the actions of the lame duck.”


Nonprofits And Narrative: Piers Plowman, Anthony Trollope, And Charities Law, Jill R. Horwitz Jan 2009

Nonprofits And Narrative: Piers Plowman, Anthony Trollope, And Charities Law, Jill R. Horwitz

Articles

What are the narrative possibilities for understanding nonprofit law? Given the porous barriers between nonprofit law and the literature about it, there are many. Here I consider two. First, nonprofit law and nonprofit literature are each enriched and made fully explicable by reference to the other. Nonprofit law has grown in parallel with literature. It may even be that important legal texts, texts about doing and being good, were imported directly from literary sources into law. Second, in writings ranging from sensational journalism to high literature, nonprofit laws and the scandals involving their violations have captured the public imagination for …


The Copyright Revision Act Of 2026, Jessica D. Litman Jan 2009

The Copyright Revision Act Of 2026, Jessica D. Litman

Articles

As someone who teaches and writes about copyright law, I end up straddling two different worlds. On the one hand, I really do need to understand and be able to teach the details of the copyright statute and the case law construing it. My students need to know the difference between a public performance right under Section 106(4) and a public performance right by digital audio transmission under Section 106(6); they need to know the difference between the statutory licenses available under Section 114 and the statutory licenses available under Section 115.' So, I need to have all of those …


Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr Jan 2009

Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr

Articles

This article addresses the problem of incompetent representation by defense counsel in international criminal tribunals. According to the author, the ineffectiveness of a particular attorney may be attributable to a number offactors, including a lack of experience with international criminal law, unfamiliarity with the procedures of international criminal tribunals, and the simple failure to be fluent in the languages used by the court. Starr explains that the problem of incompetence persists because of obstacles to the recruitment, retention, and appointment of proficient defense lawyers, as well as the lack of administrative or judicial oversight concerning competence. The author points out …


Letting Good Deeds Go Unpunished: Volunteer Immunity Laws And Tort Deterrence, Jill R. Horwitz, Joseph Mead Jan 2009

Letting Good Deeds Go Unpunished: Volunteer Immunity Laws And Tort Deterrence, Jill R. Horwitz, Joseph Mead

Articles

Does tort law deter risky behavior in individuals? We explore this question by examining the relationship between tort immunity and volunteering. During the 1980s and 1990s, nearly every state provided some degree of volunteer immunity. Congress followed with the 1997 Volunteer Protection Act. This article analyzes these acts, identifying three motivations for them: the chilling effects of tort liability, limits on liability insurance, and moral concerns. Using data from the Independent Survey’s Giving and Volunteering surveys, we then identify a large and positive correlation between immunity and volunteering. We next consider the implications of the findings for tort theory and …


Advocacy In The Court Of Public Opinion, Installment One: Broadening The Role Of Corporate Attorneys, Michele Destefano Beardslee Jan 2009

Advocacy In The Court Of Public Opinion, Installment One: Broadening The Role Of Corporate Attorneys, Michele Destefano Beardslee

Articles

No abstract provided.


Reflection Contributions To The Dispersion Artefact In Ftir Spectra Of Single Biological Cells., Paul Bassan, Hugh Byrne, Joe Lee, Franck Bonnier, Colin Clarke, Paul Dumas, Ehsan Gazi, Michael Brown, Noel Clarke, Peter Gardner Jan 2009

Reflection Contributions To The Dispersion Artefact In Ftir Spectra Of Single Biological Cells., Paul Bassan, Hugh Byrne, Joe Lee, Franck Bonnier, Colin Clarke, Paul Dumas, Ehsan Gazi, Michael Brown, Noel Clarke, Peter Gardner

Articles

Fourier transform infrared spectra of a single cell in transflection geometry are seen to vary significantly with position on the cell, showing a distorted derivative-like lineshape in the region of the optically dense nucleus. A similar behaviour is observable in a model system of the protein albumin doped in a potassium bromide disk. It is demonstrated that the spectrum at any point is a weighted sum of the sample reflection and transmission and that the dominance of the reflection spectrum in optically dense regions can account for some of the spectral distortions previously attributed to dispersion artefacts. Rather than being …


Is Visual Selective Attention In Deaf Individuals Enhanced Or Deficient? The Case Of Useful Field Of View, Matthew Dye, Peter Hauser, Daphne Bavelier Jan 2009

Is Visual Selective Attention In Deaf Individuals Enhanced Or Deficient? The Case Of Useful Field Of View, Matthew Dye, Peter Hauser, Daphne Bavelier

Articles

Background: Early deafness leads to enhanced attention in the visual periphery. Yet, whether this enhancement confers advantages in everyday life remains unknown, as deaf individuals have. been shown to be more distracted by irrelevant information in the periphery than their hearing peers. Here, we ~how that, in a complex attentional task, a performance advantage results for deaf individuals. Methodology/Principal Findings: We employed the Useful Field of View (UFOV) which requires central target identification concurrent with peripheral target localization in the presence of distraetors - a divided, selective attention task. First, the comparison of deaf and hearing adults with or without …


Combating Global Climate Change: Why A Carbon Tax Is A Better Response To Global Warming Than Cap And Trade, Reuven S. Avi-Yonah, David M. Uhlmann Jan 2009

Combating Global Climate Change: Why A Carbon Tax Is A Better Response To Global Warming Than Cap And Trade, Reuven S. Avi-Yonah, David M. Uhlmann

Articles

Global climate change is the most significant environmental issue facing our nation and the world. There no longer is any question that global warming is occurring. Nor is there any serious debate about whether human activity is the root cause. If we fail to make significant reductions in greenhouse gas emissions over the next ten to twenty years, we face the possibility of catastrophic environmental harm by the end of this century.