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"Seperation": From Epithet To Constitutional Norm, Marci A. Hamilton Oct 2002

"Seperation": From Epithet To Constitutional Norm, Marci A. Hamilton

Articles

No abstract provided.


If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love Oct 2002

If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love

Articles

No abstract provided.


All My Rights, Carl E. Schneider Jul 2002

All My Rights, Carl E. Schneider

Articles

Diane Pretty was an Englishwoman in her early 40s who had been married nearly a quarter of a century. In November 1999, she learned she had amyotrophic lateral sclerosis-in Britain, motor neurone disease. Her condition deteriorated rapidly, and soon she was "essentially paralysed from the neck downwards." She had "virtually no decipherable speech" and was fed by a tube. She was expected to live only a few months or even weeks. AB a court later explained, however, "her intellect and capacity to make decisions are unimpaired. The final stages of the disease are exceedingly distressing and undignified. AB she is …


Corporate Governance And Executive Remuneration: Rediscovering Managerial Positional Conflict, Jennifer Hill, Charles M. Yablon Jul 2002

Corporate Governance And Executive Remuneration: Rediscovering Managerial Positional Conflict, Jennifer Hill, Charles M. Yablon

Articles

The article critiques the assumption that performance-based executive remuneration aligns managerial and shareholder interests, arguing that executives' positional power allows them to exploit such systems, leading to excessive pay and corporate malfeasance. It highlights how this conflict of interest contributed to major corporate collapses like Enron and One.Tel, emphasizing the need for reforms beyond current governance mechanisms.


Regulation And Measurement Of Oxidative Stress In Apoptosis, James Curtin, Maryanne Donovan, Thomas Cotter Jul 2002

Regulation And Measurement Of Oxidative Stress In Apoptosis, James Curtin, Maryanne Donovan, Thomas Cotter

Articles

Cells are constantly generating reactive oxygen species (ROS) during aerobic metabolism. As a consequence, each cell is equipped with an extensive antioxidant defence system to combat excessive production of ROS. Oxidative stress occurs in cells when the generation of ROS overwhelms the cell's natural antioxidant defences. There is a growing consensus that oxidative stress and the redox state of a cell plays a pivotal role in regulating apoptosis, a tightly controlled form of cell death in which a cell partakes in its own demise. More recently, a role for reactive nitrogen species (RNI) as both positive and negative regulators of …


Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo Jun 2002

Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo

Articles

Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the ADA. Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost avoidance.

One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over the currently accepted functional health model …


Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter May 2002

Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter

Articles

No abstract provided.


How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider May 2002

How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider

Articles

Routine cancer screening with prostate-specific antigen (PSA) is controversial, and practice guidelines recommend that men be counseled about its risks and benefits. OBJECTIVE. To evaluate the process of decision making as men react to and use information after PSA counseling. DESIGN. Written surveys and semistructured qualitative interviews before and after a neutral PSA counseling intervention. PARTICIPANTS. Men 40 to 65 years of age in southeastern Michigan were recruited until thematic saturation—that is, the point at which no new themes emerged in interviews (n = 40). RESULTS. In a paper survey, 37 of 40 participants (93%) said that they interpreted the …


Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein May 2002

Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein

Articles

The essays by Martha Nussbaum and Ian Hacking both raise important issues about the some of the central themes of The Mismeasure of Desire and it is a pleasure and an honor to have such careful, significant and interdisciplinary thinkers engage my ideas. In this brief reply, I address some of their challenges.


The Perception Of Risk, Cass R. Sunstein Feb 2002

The Perception Of Risk, Cass R. Sunstein

Articles

No abstract provided.


Recent Trends In Global And Irish Tourism, Kevin Griffin Jan 2002

Recent Trends In Global And Irish Tourism, Kevin Griffin

Articles

2001 will long be remembered as one of the most difficult years for tourism in Ireland. The outbreak of Food and Mouth disease in the first half of the year was seen as a major blow to the industry, with many businesses suffering from the resultant restrictions on travel. These problems were further increased by the global effects of the economic slow-down in the USA. As the sector began to recover and was shaping up for a healthy Autumn, the terrorist attacks of September 11 devastated the industry globally, with knock–on effects which are only now beginning to be assessed. …


Creative Communities: An Application Of The Visioning Method For The Development Of Community Indicators In Ballymun (Ireland), Elzbieta Krawczyk Jan 2002

Creative Communities: An Application Of The Visioning Method For The Development Of Community Indicators In Ballymun (Ireland), Elzbieta Krawczyk

Articles

No abstract provided.


Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein Jan 2002

Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein

Articles

No abstract provided.


Fear And The Regulatory Model Of Counterterrorism, Eric A. Posner Jan 2002

Fear And The Regulatory Model Of Counterterrorism, Eric A. Posner

Articles

No abstract provided.


The Jurisprudence Of Greed, Eric A. Posner Jan 2002

The Jurisprudence Of Greed, Eric A. Posner

Articles

No abstract provided.


Children's Associational Rights?: Why Less Is More, Emily Buss Jan 2002

Children's Associational Rights?: Why Less Is More, Emily Buss

Articles

No abstract provided.


Do Liberals And Conservatives Differ In Judicial Activism?, Frank H. Easterbrook Jan 2002

Do Liberals And Conservatives Differ In Judicial Activism?, Frank H. Easterbrook

Articles

No abstract provided.


Imperfect Liability Regimes: Individual And Corporate Issues, Richard A. Epstein Jan 2002

Imperfect Liability Regimes: Individual And Corporate Issues, Richard A. Epstein

Articles

No abstract provided.


A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein Jan 2002

A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein

Articles

No abstract provided.


Reconstructing Family: Constructive Trust At Relational Dissolution, Laura Weinrib Jan 2002

Reconstructing Family: Constructive Trust At Relational Dissolution, Laura Weinrib

Articles

No abstract provided.


From Cynicism To Positive Theory In Public Choice, Saul Levmore Jan 2002

From Cynicism To Positive Theory In Public Choice, Saul Levmore

Articles

No abstract provided.


Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen Jan 2002

Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen

Articles

No abstract provided.


Exploring Paths To Recovery For Osha Whistleblowers: Section 11(C) Of The Oshact And The Public Policy Tort, Monique C. Lillard Jan 2002

Exploring Paths To Recovery For Osha Whistleblowers: Section 11(C) Of The Oshact And The Public Policy Tort, Monique C. Lillard

Articles

No abstract provided.


"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen Jan 2002

"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen

Articles

No abstract provided.


Private Pathologies And Public Policies: Race, Class, And The Failure Of Child Welfare (Book Review), Charlton C. Copeland Jan 2002

Private Pathologies And Public Policies: Race, Class, And The Failure Of Child Welfare (Book Review), Charlton C. Copeland

Articles

No abstract provided.


A Comment On Race And The Law, Zanita E. Fenton Jan 2002

A Comment On Race And The Law, Zanita E. Fenton

Articles

No abstract provided.


Outrage Leary Lecture, Cass R. Sunstein Jan 2002

Outrage Leary Lecture, Cass R. Sunstein

Articles

No abstract provided.


Philippic.Com, Cass R. Sunstein Jan 2002

Philippic.Com, Cass R. Sunstein

Articles

A recent trend in so-called "second generation" legal commentary about the Internet suggests that, though it is an unparalleled communication medium and a means of engaging in global e-commerce, it is not an unmitigated force for good. Instead, the Net poses a fundamental danger to democracy. This trend takes shape in works by well-known cyberlaw theorists like Lawrence Lessig, Andrew Shapiro, and Neil Weinstock Netanel, but the most recent and most troubling criticism lies in Professor Cass Sunstein 's Republic.com. In this book, Professor Sunstein argues that perfect filtering of information on the Internet will lead to a fractured communications …


Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade Jan 2002

Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade

Articles

When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is category-bound. When people see a case in isolation, they spontaneously compare it to other cases that are mainly drawn from the same category of harms. When people are required to compare cases that involve different kinds of harms, judgments that appear sensible when the problems are considered separately often appear incoherent and arbitrary in the broader context. Another major source of incoherence …


Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein Jan 2002

Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein

Articles

No abstract provided.