Digital Commons Network^™

Intrafamilial Phenotypic Variability In Friedreich Ataxia Associated With A G130v Mutation In The Frda Gene, Dominick Mccabe, Nicholas Wood, Fergus Ryan, Michael Hanna, Sean Connolly, David Moore, Janice Redmond, David Barton, Raymond Murphy

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Background: Most patients with Friedreich ataxia (FA) have a GAA trinucleotide repeat expansion in intron 1 of the FA gene (FRDA) on both arms of chromosome 9. However, some patients are compound heterozygotes and harbor a GAA expansion on one allele and a point mutation on the other. Compound heterozygous patients with FA who have a GAA expansion and a G130V mutation have been reported to have an atypical phenotype with a slow disease progression, minimal or no ataxia, or gait spasticity. Objective: To describe intrafamilial phenotypic variability in a GAA expansion/G130V mutation compound heterozygous family with FA. Setting: Tertiary …

Atlantic Salmon, Pacific Bound: Initiative, Defiance, Courage, And Indian Tribes In Environmental Law, William H. Rodgers, Jr.

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I want to address my remarks to the students of the University of Maine School of Law who will face a great deal of unfinished legal business on the topics of salmon, Indian tribes, and environmental law.

Elsewhere, I have derived what I describe as the five virtues of effective action (genius, high-leveraging, symbolism, optimism, courage). People of achievement, lawyers or otherwise, are familiar with these virtues and display them in many creative forms.

Next, I will peer through this lens of effective action at some key moments in the history of Atlantic-Pacific Salmon Interactions. This coming together has been …

Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.

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My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.

[Third Annual Lloyd K. Garrison Lecture on Environmental Law, Pace University School of Law.]

A Theoretical Analysis Of Habitat Conversion And Biodiversity Conservation Over Time And Under Uncertainty, Amitrajeet A. Batabyal

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We exploit the known links between natural habitats and biodiversity to pose and study the biodiversity conservation question as an optimal stopping problem. We extend the extant literature on this question by studying the role that autonomous and nonautonomous policies play in the decision to conserve biodiversity over time and uncertainty. We first construct a dynamic and stochastic model of decision making in the context of biodiversity conservation. Next, we use this model to analyze the expected utility of a social planner when this planner uses, respectively, autonomous and nonautonomous policies. Finally, we compare and contrast the properties of autonomous …

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

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My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …

Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson

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What should be public and what should be private in scientific research? The competitive sprint of public and private laboratories to complete the sequence of the human genome has brought this question to the fore. The same question frames the developing struggle over terms of access to human embryonic stem cell lines and the conflict between Microsoft and the open source movement over how best to promote software development. We expect such conflicts to become more widespread as the role of for-profit research expands in a broader range of scientific fields. Will science progress more swiftly and fruitfully if its …

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

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The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

Sex, Gender, And September 11, Hilary Charlesworth, Christine M. Chinkin

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The October 2001 issue of the American Journal of International Law contained several editorials on the international law implications of the hijackings of September 11, 2001, and their aftermath. In one respect these editorials resemble other writings on these events in academic and popular media: questions of sex and gender are largely overlooked.' In our view, however, concepts of sex and gender provide a valuable perspective on these devastating actions.' We use the term "sex" here to refer to issues about women as distinct biological beings from men, and the term "gender" to encompass social understandings of femininity and masculinity. …

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

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The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

On The Choice Between The Stocking Rate And Time In Range Management, Amitrajeet A. Batabyal, Basudeb Biswas, E. Bruce Godfrey

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A long standing question in range management concerns the relative importance of the stocking rate versus the length of time during which animals graze a particular rangeland. We address this question by analyzing the problem faced by a private rancher who wishes to minimize the long run expected net unit cost (LRENC) from range operations by choosing either the stock rate or the length of time during which his animals graze his rangeland. We construct a renewal-theoretic model and show that, in general, this rancher's LRENC with an optimally chosen stocking rate is lower than his LRENC with an optimally …

Life In No Trump: Property And Speech Under The Constitution, Richard A. Epstein

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No abstract provided.

Law And The Emotions, Eric A. Posner

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No abstract provided.

Legal Scholarship Today, Richard A. Posner

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No abstract provided.

Sharing Health-Care Records Over The Internet, Jane Grimson, Gaye Stephens, Benjamin Jung, William Grimson, Damon Berry, Sebastien Pardon

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Presents a novel approach to sharing electronic health-care records that leverages the Internet and the World Wide Web, developed as part of two European Commission-funded projects, Synapses and SynEx. The approach provides an integrated view of patient data from heterogeneous, distributed information systems and presents it to users electronically. Synapses and SynEx illustrate a generic approach in applying Internet technologies for viewing shared records, integrated with existing health computing environments. Prototypes have been validated in a variety of clinical domains and health-care settings

Teaching The Law Of Race (Book Review), Anthony V. Alfieri

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No abstract provided.

On Academic Fads And Fashions 2001 Survey Of Books Relating To The Law: Foreword, Cass R. Sunstein

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No abstract provided.

The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman

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Professor Robert D. Putnam's work is, in many respects, the contemporary companion to Democracy in America.' It comprehensively surveys and tests common presumptions held about our democracy with apparently very reliable quantitative data. Until recently, a work of this depth and breadth has been unavailable. Putnam sets forth a well supported thesis suggesting that even though American financial capital may be at a high, its "social capital" has perhaps reached a record low, or at least a level similar to the social, economic, and legal bottleneck of a century ago.' His use of empirical and combined data, however, probes into …

The Limits Of Gaylaw, Dale Carpenter

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The world into which Gaylaw arrives is one whose poles are very far apart. At one pole, a man fatally fractures his dog's skull by beating him with a plastic vacuum cleaner accessory and then throwing the dog against a tree trunk. 3 Why? The man concluded the dog was homosexual after he saw the poodle-Yorkshire terrier mix repeatedly attempt sexual activity with another male terrier. 4 At the man's subsequent trial for animal cruelty, a veterinarian testified that such behavior in dogs is a common way for them to assert dominance, rather than necessarily a sexual act, much less …

A Better Analogy: "Jews," "Homosexuals," And The Inclusion Of Sexual Orientation As A Forbidden Characteristic In Antidiscrimination Laws, Marc A. Fajer

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No abstract provided.

Federal Regulation Of Isolated Wetlands After Swancc, Stephen M. Johnson

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This past January the U.S. Supreme Court held that the Clean Water Act (CWA) did not authorize the federal government to prohibit a landfill operator from filling isolated ponds on its property merely because the ponds were used as habitat by migratory birds. The National Association of Home Builders claimed that the decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) was "a major legal victory for home builders and other private property owners." Critics of the SWANCC decision argued that it jeopardizes "perhaps a fifth of the water bodies in the United …

A Review Of The Different Methods For Assessing Standing Balance, Jacinta Browne, N. J. O'Hare

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This paper is a review of the balance assessment methods currently used to evaluate standing balance. Most of the presently available instrumentation appears to be more suited to research laboratories than to routine clinical situations. Functional assessments of balance appear to be the quickest test to administer and do not require expensive equipment however only gross changes in balance can be detected making them suitable as a screening tool for identifying subject’s needing more thorough evaluation. Force platforms appear to be most suited balance assessment instrumentation to the clinical situation since it produces a real time display and can detect …

Insiders And Outsiders: What The American Law Institute Has Done For Gay And Lesbian Families, Mary I. Coombs

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No abstract provided.

Foster Care: The Border Of Family Identity Maintaining, (Re)Creating, Destroying, Zanita E. Fenton

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No abstract provided.

Ralph Ellison As Oral Storyteller Ralph Ellison And The Law: Invisible Man And Other Ellison Texts, Steven H. Hobbs

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No abstract provided.

An Epitaphios For Neutral Principles In Constitutional Law: Bush V. Gore And The Emerging Jurisprudence Of Oprah, Ronald J. Krotoszynski Jr.

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No abstract provided.

Attitudes Towards And Beliefs About Nutrition And Health Among A Random Sample Of Adults In The Republic Of Ireland And Northern Ireland, John Kearney, Michael Gibney, Barbara Livingstone, Paula Robson, Mairead Kiely, Karen Harrington

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Objectives: For effective healthy eating promotion, it is necessary to understand the attitudes towards and beliefs about nutrition of the general public. The objective of this study was to provide date on attitudes towards eating a healthy diet and the perceived need to alter eating habits from a random sample of adults in the Republic of Ireland and in Northern Ireland, using a self-administered questionnaire. Design: Cross-sectional survey using a self administered attitudinal questionnaire on beliefs and attitudes to healthy eating. Setting: The survey was carried out between October, 1997 and October, 1999 in the Republic of Ireland and in …

Detection Of Deception: The Case Of Handwriting Expertise, Samuel R. Gross

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The basic method of handwriting identification is the same now as it was in Twelfth Night: to compare the questioned writing with other writings by the supposed writer. This can be done from memory if (like Malvolio) one is already familiar with the claimed author's handwriting, or by examining the questioned document together with known samples. It's a simple, obvious task. Any person-certainly any literate person--can have a go at it. The claim by handwriting experts, now and in the past, is equally simple: We can do it better.

Curing Conflicts Of Interest In Clinical Research: Impossible Dreams And Harsh Realities, Patricia C. Kuszler

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This article will explore conflicts of interest in the context of clinical research, focusing on the incentives and practices that foster such conflicts. Part I will briefly define and categorize the revenue streams at play in clinical research—both contemporaneous with the clinical trial, and the downstream, long-term gains available to the researcher and research university. Part II will discuss how these entangled revenue streams result in financial and non-financial conflicts of interest that affect the nature and balance of the research enterprise and potentially endanger patients and human subjects. Part III will summarize current conflicts of interest regulations and policies, …

Protecting The Oceanic Gardens Of Eden: International Law Issues In Deep-Sea Vent Resource Conservation And Management, Craig Allen

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This article seeks to stimulate the nascent discussion on legal questions presented by access to, and use of, deep-sea hydrothermal vent sites and resources and to help guide ocean policy analysts in their efforts to formulate and implement appropriate conservation and management measures adapted to the unique multiple-use conflicts posed by the vent phenomena. The inquiry is timely and important for the vent communities, some of which are already showing signs of the human footprint—a footprint that may in the not too distant future include the tracks of submarine bulldozers as they set about the job of seabed mining.

The …

Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck

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No abstract provided.