Digital Commons Network^™

Overenforcement, Richard A. Bierschbach, Alex Stein

Articles

Overenforcement of the law is widespread but underinvestigated. Overenforcement occurs when the total sanction, both legal and extralegal, suffered by the violator of a legal rule exceeds the amount optimal for deterrence. Overenforcement sometimes generates overdeterrence that cannot be remedied through the adjustment of substantive liability standards or penalties in light of operational and expressive constraints. When that happens, the legal system can counteract the effects of overenforcement by adjusting evidentiary or procedural rules to make liability less likely. This framework, which we call the overenforcement paradigm, illuminates previously unnoticed features of various evidentiary and procedural arrangements. It also provides …

Regulatable Gene Expression Systems For Gene Therapy Applications: Progress And Future Challenges, Shyam Goverdhana, Mariana Puntel, Weidong Xiong, Jeffrey Zirger, Carlos Barcia, James Curtin, Eric Soffer, Sonali Mondkar, Gwendalyn King, Jinwei Hu, Marianela Candolfi, Diane Greengold, Pedro Lowenstein, Maria Castro

Articles

Gene therapy aims to revert diseased phenotypes by the use of both viral and nonviral gene delivery systems. Substantial progress has been made in making gene transfer vehicles more efficient, less toxic, and nonimmunogenic and in allowing long-term transgene expression. One of the key issues in successfully implementing gene therapies in the clinical setting is to be able to regulate gene expression very tightly and consistently as and when it is needed. The regulation ought to be achievable using a compound that should be nontoxic, be able to penetrate into the desired target tissue or organ, and have a half-life …

Municipal Wireless: A Primer For Public Discussion, David M. Shein

Articles

Though there is great diversity and continuing innovation in municipal networks, a number of distinct technological and economic approaches have emerged that are common to virtually all municipal and community deployments. This paper considers each major aspect of municipal wireless deployment in terms of how communities make decisions about each of these elements. We look first at some of the critical terms and technologies involved in this discussion, as well as the various concrete applications and benefits that wireless networks have to offer. We then consider the various organizational and managerial approaches that have been implemented. Finally we talk about …

Academic And Practitioner Interests Regarding Emerging Technologies In Accounting, Thomas J. Tribunella, M. Pamela Neely, Heidi Tribunella

Articles

In this paper we investigate the differences between practitioner and academic interests in emerging technologies. We compare and contrast the results of an accounting faculty survey to the AICPA's (American Institute of Certified Public Accountants) Top Technology list. It appears that academics and practitioners have significantly different interests concerning emerging technologies. Furthermore, technology interests for both groups change over time. We then discuss the problems that arise from the differing points of view and suggest some possible solutions.

Ending Impunity: The Case For War Crimes Trials In Liberia, Charles C. Jalloh, Alhagi Marong

Articles

This article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course of fourteen years of brutal conflict. Assuming that Liberia owes a duty to punish the grave crimes committed on its territory, the article then evaluates the options for prosecution, starting with the possible use of Liberian courts. The authors argue that Liberian courts are unable, even if willing, to render credible justice that protects the due process …

Hard Cases And The Politics Of Righteousness, Carl E. Schneider

Articles

The law of bioethics has been the law of cases. Interpreting the common law and the Constitution, judges have written the law of informed consent, abortion, and assisted suicide. Reacting to causes célèbres, legislatures have written the law of advance directives and end of life decisions. The long, sad death of Terri Schiavo eclipsed even the long, sad deaths of Karen Ann Quinlan and Nancy Beth Cruzan in the duration and strength of the attention and passions it evoked. What are Schiavo’s lessons? Hard cases, lawyers say, make bad law. Why? First, hard cases are atypical cases. They present abnormal …

Molecular And Clinical Analyses Of Greig Cephalopolysyndactyly And Pallister-Hall Syndromes: Robust Phenotype Prediction From The Type And Position Of Gli3 Mutations, Jennifer J. Johnston, Isabelle Olivos-Glander, Christina Killoran, David Tilstra Md

Articles

Mutations in the GLI3 zinc-finger transcription factor gene cause Greig cephalopolysyndactyly syndrome (GCPS) and Pallister-Hall syndrome (PHS), which are variable but distinct clinical entities. We hypothesized that GLI3 mutations that predict a truncated functional repressor protein cause PHS and that functional haploinsufficiency of GLI3 causes GCPS. To test these hypotheses, we screened patients with PHS and GCPS for GLI3 mutations. The patient group consisted of 135 individuals: 89 patients with GCPS and 46 patients with PHS. We detected 47 pathological mutations (among 60 probands); when these were combined with previously published mutations, two genotype-phenotype correlations were evident. First, GCPS was …

What Does "Religion" Mean In The Public Square?, Marci A. Hamilton

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No abstract provided.

Ethical Issues In Asbestos Litigation, Lester Brickman

Articles

Asbestos litigation has given rise to over 50,000,000 claims against 8400 former producers, distributors, installers and sellers of asbestos-containing products. To date, 850,000 claimants have sought compensation, costing businesses and insurance companies over $70 billion and resulting in more than 70 bankruptcies. Over 100,000 deaths are attributable to asbestos exposure with an additional 40,000 deaths anticipated over the next 30 years. Despite the significance of the ethical issues generated by the processes of acquiring, pressing and settling the most massive litigation in history, the legal literature is substantially devoid of any such discussion. One possible reason for this paucity of …

Do Tax Expenditures Create Framing Effects? Volunteer Firefighters, Property Tax Exemptions, And The Paradox Of Tax Expenditure Analysis, Edward A. Zelinsky

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No abstract provided.

European Communities - Conditions For The Granting Of Tariff Preferences To Developing Countries, Alan O. Sykes, Gene M. Grossman

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No abstract provided.

Endostatin Modulates Vegf-Mediated Barrier Dysfunction In The Retinal Microvascular Endothelium, Brenda B. Brankin, M. Campbell, P. Canning, T. Gardiner, A. Stitt

Articles

Recent evidence indicates that the anti-angiogenic peptide endostatin may modulate some of the vasomodulatory effects of vascular endothelial growth factor (VEGF) in the retina, including reduction of blood retinal barrier function although it remains uncertain how endostatin promotes endothelial barrier properties. The current study has sought to examine how physiological levels of endostatin alters VEGF-induced inner BRB function using an in vitro model system and evaluation of occludin and ZO-1 regulatory responses. In addition, the ability of exogenous endostatin to regulate VEGF-mediated retinal vascular permeability in vivo was investigated.

Retinal microvascular endothelial cells (RMEC's) were exposed to various concentrations of …

Effect Of Heat Schock On Browning-Related Enzymes In Minimally Processed Iceberg Lettuce And Crude Extracts, Ana Belen Martin-Diana, Daniel Rico, Catherine Barry-Ryan, Jemina Mulcahy, Jesus Maria Frias, Gary Henehan

Articles

The effects of heat shock on PPO and POD activity in minimally processed Iceberg lettuce was examined during storage (10 days). The results were compared with the effect of temperature on crude extracts of these enzymes (in vitro analysis). Fresh-cut lettuce washed at 50 °C showed significantly lower PPO and POD activity throughout storage than lettuce washed at 4 °C and 25 °C. These results were consistent with a sensory analysis in which the panellists found the lowest browning scores in those samples treated at 50 °C. When PPO and POD were analysed in vitro, the samples treated …

Development And Validation Of A Food-Frequency Questionnaire For The Determination Of Detailed Fatty Acid Intakes, Maria Cantwell, Michael Gibney, Denis Cronin, Katherine Younger, John O'Neill, Linda Hogan, Mary Flynn

Articles

Objective: To validate a fat intake questionnaire (FIQ) developed to assess habitual dietary intake while focusing on the assessment of detailed fatty acid intake including total trans unsaturated fatty acids (TUFA). Design: An 88 food item/food group FIQ was developed using a meal pattern technique. Validation was achieved by comparison with dietary intake assessed by a modified diet history (DH) in a cross-over design. Eighty-four individuals supplied adipose tissue biopsies for linoleic acid and total TUFA analysis as an independent validation of the FIQ and DH. Setting: Medical Centre, Dublin Airport, Republic of Ireland. Subjects: One hundred and five healthy …

Mcgoliath V. David: The European Court Of Human Rights Recent Equality Of Arms Decision, Monique C. Lillard

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No abstract provided.

The Custodial Remand System For Juveniles In Ireland: The Empirical Evidence, Gay Graham, Sarah Anderson

Articles

This paper documents the present system of custodial remands for children under sixteen years in Ireland. The research includes the entire population of children remanded into custody during the summer of 2000 (N=117). A flow chart model illustrates these young people’s experiences, and the paper highlights issues such as the number of non-offending children who are in custody (21%); the cycle of repeated remands and court appearances (up to 22 repeats); excessive periods of time spent in secure detention (up to 351 days); and the use of remand facilities for those awaiting a suitable residential placement (57%). It provides an …

George's Story: Voice And Transformation Through The Teaching And Practice Of Therapeutic Jurisprudence In A Law School Child Advocacy Clinic, Bernard P. Perlmutter

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No abstract provided.

Who Needs Freedom Of Religion?, James W. Nickel

Articles

This article proposes that we view freedom of religion as a specific application area of more general basic liberties such as freedoms of thought, expression, association, assembly, movement, privacy, political participation, and economic activity. Separate enumeration of freedom of religion in national and international bills of rights may be useful, but it is not indispensable. In this respect freedom of religion is more like scientific freedom or artistic freedom than like freedom of expression. Recognizing that separate enumeration of freedom of religion is dispensable has salutary consequences for how we conceive and justify freedom as it applies to religion. First, …

Imagine Ahead, Plan Backwards: Prospective Methodology In Urban And Regional Planning, Elzbieta Krawczyk, John Ratcliffe

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No abstract provided.

Ruminations On Dissemination: Limits On Administrative And Judicial Review Under The Information Quality Act, Stephen M. Johnson

Articles

Supporters call it "one of the most significant developments in the federal rulemaking system since passage of the Administrative Procedure Act." Opponents suggest that it "may well prove the most destructive half-page of law that most people do not know is on the books." It is the Information Quality Act, enacted in 2000 as a two paragraph rider to appropriations legislation for the 2001 fiscal year. While it was supposed to improve the quality of information that the government relies upon in decision making, critics assert that the Act contributes to the ossification of rulemaking, encourages agencies to make decisions …

The State Of Sovereignty In Southeast Asia, Tom Ginsburg

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No abstract provided.

Why Does The American Constitution Lack Social And Economic Guarantees, Cass R. Sunstein

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No abstract provided.

In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer

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No abstract provided.

Disparities And Discrimination In Health Care Coverage: A Critique Of The Institute Of Medicine Study, Richard A. Epstein

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No abstract provided.

Property As Entrance, Eduardo Peñalver

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No abstract provided.

Serial Entrepreneurs And Small Business Bankruptcies, Douglas G. Baird, Edward Morrison

Articles

Chapter 11 is thought to preserve the going-concern surplus of a financially distressed business-the extra value that its assets possess in their current configuration. Financial distress leads to conflicts among creditors that can lead to inefficient liquidation of a business with going-concern surplus. Chapter 11 avoids this by providing the business with a way of fashioning a new capital structure. This account of Chapter 11 fails to capture what is happening in the typical case. The typical Chapter 11 debtor is a small corporation whose assets are not specialized and rarely worth enough to pay tax claims. There is no …

Pets Or Meat, Mary Anne Case

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No abstract provided.

Contract And Copyright, Frank H. Easterbrook

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No abstract provided.

Regulatory Paternalism In The Market For Drugs: Lessons From Vioxx And Celebrex, Richard A. Epstein

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No abstract provided.

What (Not) To Do About Obesity: A Moderate Aristotelian Answer, Richard A. Epstein

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No abstract provided.