Digital Commons Network^™

Pope John Paul Ii, Vatican Ii, And Capital Punishment, Howard Bromberg

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Part I of this Article describe s Pope John Paul II’s teaching on capital punishment as based on the Scriptures and expressed in Evangelium Vitae and the Catechism. Part II examines the authority with which this doctrine was issued. Part III suggests that this teaching represents the “traditional teaching of the Church,” although a “more perfect expression” of that teaching than has heretofore been recognized. Parts IV and V indicate why the papacy of John Paul II-—“this time, in which God in His hidden design has entrusted to me... very close to the year 2000”-—was ripe for this explicit articulation …

Reviving The Right To Vote, Ellen D. Katz

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Losers in partisan districting battles have long challenged the resulting districting plans under seemingly unrelated legal doctrines. They have filed lawsuits alleging malapportionment, racial gerrymandering, and racial vote dilution, and they periodically prevail. Many election law scholars worry about these lawsuits, claiming that they needlessly "racialize" fundamentally political disputes, distort important legal doctrines designed for other purposes, and provide an inadequate remedy for a fundamentally distinct electoral problem. I am not convinced. This Article argues that the application of distinct doctrines to invalidate or diminish what are indisputably partisan gerrymanders is not necessarily problematic, and that the practice may well …

Lawful Personal Use, Jessica D. Litman

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Despite having sued more than 20,000 of its customers,2 the recording industry wants the world to know that it has no complaint with personal use. Copyright lawyers of all stripes agree that copyright includes a free zone in which individuals may make personal use of copyrighted works without legal liability.3 Unlike other nations, though, the United States hasn't drawn the borders of its lawful personal use zone by statute.4 Determining the circumstances under which personal use of copyrighted works will be deemed lawful is essentially a matter of inference and analogy, and differently striped copyright lawyers will differ vehemently on …

Rodrigo's Corrido: Race, Postcolonial Theory, And U.S. Civil Rights, Richard Delgado

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No abstract provided.

The Health Care Choice Act: The Individual Insurance Market And The Politics Of "Choice", Elizabeth Pendo

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The Health Care Choice Act of 2005 (HCCA) aims to reform perceived problems in the individual market, and is touted as part of the solution to the problem of the uninsured. It purports to allow individuals who are not eligible for or cannot afford group coverage to purchase an individual policy in and from any state. If passed, the HCCA would allow health insurers to offer individual policies of insurance from any state without being required to comply with the laws of the insured's own state. Its proponents claim that it would lower the cost of individual health insurance by …

Recent Reforms To The Japanese Judiciary: Real Change Or Mere Appearance?, Daniel H. Foote

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In June 2001, the Justice System Reform Council ("Reform Council" or "Council") issued its final report. The Council's recommendations included several proposed reforms to the judiciary, intended to insure the judiciary would "meet the expectations of the people." This essay examines a number of those recommendations and the resulting reforms.

The single reform to the judiciary that has received the most publicity is the introduction of the saiban'in system, through which ordinary citizens will participate directly in judging serious crim:inal cases and thus will have the opportunity to express their views directly in the deliberation of those cases. That system, …

Collateralizing Intellectual Property, Xuan-Thao Nguyen

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This Article identifies and critiques the collateralization of intellectual property, revealing the complexity of intersecting secured transaction law, namely Article 9 of the Uniform Commercial Code, and doctrinal intellectual property laws such as patent law, copyright law, and trademark law. The inquiry challenges the silence surrounding the pervasive use of intellectual property as collateral in secured financing and suggests changes to the existing framework on secured financing law.

The Article proceeds as follows: Part II discusses the normative intellectual property rights for patents, copyrights, and trademarks and how such rights are utilized as corporate assets. Part III describes different forms …

Pro Se Executors—Unauthorized Practice Of Law, Or Not?, Michael Hatfield

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This Article clarifies why under Texas law an individual named as executor in a will has the right to offer the will for probate and otherwise appear in a probate court without hiring a lawyer. This Article first provides an overview of the independent administration provisions of the Texas probate code before reviewing the unauthorized practice of law prohibition and the pro se exception. After establishing that executors qualify for the pro se exception in Texas because executors appearing in court are exercising their own management rights—rather than the rights of "the estate" or the beneficiaries—the Article explores suggestions of …

Alaska Native Rights, Statehood, And Unfinished Business, Robert T. Anderson

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Alaska Native aboriginal rights to land and associated resources were never dealt with in a comprehensive fashion until 1971, when Congress passed the Alaska Native Lands Claims Settlement Act (ANILCA). Although general principles of federal Indian law provided strong support for the proposition that Alaska's Native people held aboriginal title to much of the new state, the Alaska Statehood Act itself carefully disclaimed any effect on aboriginal title. This approach was in keeping with the Congress's past dealings with Alaska Native property rights. This article outlines the history of Alaska Native aboriginal rights through the Statehood Act along with their …

The Use And Misuse Of High-Tech Evidence By Prosecutors: Ethical And Evidentiary Issues, Robert Aronson, Jacqueline Mcmurtrie

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This essay first addresses the ethical and evidentiary standards for the emerging use of high-tech computer-generated animations and computer-assisted closing arguments. Next, this essay considers the same questions within the context of forensic DNA evidence. Third, this essay considers the ethics of prosecutors' use of such evidence and the consequences for the misuse of this evidence. Finally, this essay suggests remedies to ethical problems facing prosecutors in their use of this kind of evidence.

Rebuilding The Profession: Recommendations For Librarians Interested In Becoming Academic Law Library Directors, Barbara A. Bintliff, Laura N. Gasaway, Penny A. Hazelton, Frank G. Houdek, Janis L. Johnston, Martha Dragich Pearson, Charles Ten Brink, Michelle Wu

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Based on papers presented at a 2005 workshop for individuals interested in becoming academic law library directors, this article begins by exploring the duties of academic director jobs—administrative skills and faculty responsibilities—before examining how to build credentials in preparation for such jobs. It concludes by focusing on the skills and knowledge needed to interview for director jobs.

Adapting To Administrative Law's Erie Doctrine, Kathryn A. Watts

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This Article looks to the federalism context and draws on the federal courts' experience adapting to the Court's landmark decision in Erie Railroad Company v. Tompkins. Much like Brand X, the Court's Erie decision, which commanded federal courts to apply state law in all cases not governed by positive federal law, significantly reduced the lawmaking power of the federal courts by putting the federal courts in the position of interpreting law that they cannot definitively construe. Although Erie seemed simple enough to adhere to when state law provided a clear answer, Erie posed a serious dilemma when federal courts …

Moderator's Report: Legal Experts' Workshop On The Future Global Legal Order, Craig H. Allen

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In late 2006, as part of its multifaceted effort to help the Chief of Naval Operations develop a new, contemporary maritime strategy for the nation, the Naval War College convened a “Delphi group” of experts—in this case, in international law—to provide the maritime strategy development team a candid assessment of the probable state of the global legal order in 2020. The workshop, chaired by Craig H. Allen, the Charles H. Stockton Professor of International Law, was held 31 October–1 November 2006 in the College’s Decision Support Center (equipped with an advanced World Wide Web–based group collaboration and decision-support system), in …

The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan

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The national broil over immigration reform is fermenting an illusory correlation and mistaken heuristic. Two events illustrate the involvement of legislators in the manufacture and mplification of this heuristic mistake. A controversial bill passed by the House of Representatives in December 2005 explicitly and extensively packaged immigration control with antiterrorism.' During his term as a congressman, J. D. Hayworth published a book claiming that inflows of people over the U.S.-Mexico border pose a "terrorist threat," that the nation has witnessed an "illegal alien crime spree," and that high immigration rates from Mexico threaten social instability.[para] Such pronouncements by legislators generate …

Using Stock And Stock Options To Minimize Patent Royalty Payment Risks After Medimmune V. Genentech, Sean M. O'Connor

Articles

This Article proposes a more or less functional equivalent mechanism to a patent royalty stream through the use of stock and stock options in the licensee. The stock would coarsely track the overall fortunes of the licensee, while the options could be more finely tuned to vest and become exercisable upon events and milestones that would have been used for payments in a traditional license fee plus royalty stream licensing deal.

There may be problems of liquidity, of course, during the period where the licensee is still privately held and thus has no ready markets for its stock. But even …

A New Approach To The Toxicity Testing Of Carbon-Based Nanomaterials: The Clonogenic Assay, Eva Herzog, Alan Casey, Fiona Lyng, Gordon Chambers, Hugh Byrne, Maria Davoren

Articles

The cellular toxicity of three types of carbon nanoparticles, namely HiPco® single-walled carbon nanotubes (SWCNT), arc dischargeSWCNTand Printex 90 carbon black nanoparticles,was studied on three different cell models including the human alveolar carcinoma epithelial cell line (A549), the normal human bronchial epithelial cell line (BEAS-2B) and the human keratinocyte cell line (HaCaT) using the clonogenic assay. Carbon nanomaterials are known to interact with colorimetric indicator dyes frequently used in cytotoxicity assays. By employing the clonogenic assay, any such interactions could be avoided, allowing a more reliable method for the in vitro toxicity assessment of carbon-based nanoparticles. It could be shown …

Fifth Circuit Survey: Taxation, Michael Hatfield

Articles

During the survey period, the Fifth Circuit decided nine federal tax cases. Four of the nine cases were appealed from district courts. The remaining five were appealed from the Tax Court. Three of the Tax Court's five decisions (60%) were affirmed, and three of the four district court decisions (75%) were affirmed. Thus, the Fifth Circuit affirmed most of the lower court decisions (66%). Interestingly, only three of the decisions (33%) favored the taxpayer—EC Term of Years Trust v. United States; Garber Industries, Inc. v. Commissioner; and Estate of Baird v. Commissioner—even though the Fifth Circuit …

Global Health And Human Rights Imperative, Patricia C. Kuszler

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Open any magazine, click on a television news channel, or surf the net and you are likely to find global health highlighted as one of the foremost challenges of new millennium. First, this article will consider the meaning and measures of global health and detail the path to improved health and development prescribed by the United Nations Millennium Development Goals. Second, it will trace the development of international human rights law as it relates to health. Third, it demonstrate how human rights and health, long traversing parallel routes, are in fact converging in the 21st Century quest for global health–a …

A Primer On The Nonproliferation Regime For Maritime Security Operations Forces, Craig Allen

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This article seeks to provide the reader with an overview of the weapons of mass destruction (WMD) nonproliferation regime relevant to marine security operations and to alert the reader to shortfalls in that regime that might frustrate at-sea efforts to interdict WMD shipments. It begins with a general description of the international approach to combating proliferation of WMD and then examines the individual regimes for nuclear weapons, chemical weapons (CW), biological-toxin weapons (BTW) and WMD delivery systems, such as missiles and unmanned aerial vehicles. It next traces the development of several resolutions by the United Nations Security Council that target …

Command Of The Commons Boasts: An Invitation To Lawfare?, Craig H. Allen

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The first panel in this, the 2006 Naval War College, International Law Department conference on "Global Legal Challenges: Command of the Commons, Strategic Communications, and Natural Disasters," has been asked to offer a US perspective on current assertions regarding the US command of the commons. It is my privilege to moderate the discussion by a distinguished panel that includes Vice Admiral Lowell E. ("Jake") Jacoby, US Navy (retired) the immediate past director of the Defense Intelligence Agency; Vice Admiral John G. Morgan, Jr., US Navy, deputy chief of naval operations for plans and strategy (N3/N5); and Rear Admiral Joseph L. …

The Limits Of Intelligence In Maritime Counterproliferation Operations, Craig Allen

Articles

This article begins with an examination of the intelligence needs of those engaged in maritime counterproliferation efforts. It then turns to risk-management decision making under conditions of uncertainty, focusing on decisions at the operational level and exploring the question of whether decision strategies in the WMD context should seek to minimize false-negative or false-positive errors. It concludes that even vastly improved maritime intelligence will not obviate the need for national and operational commanders to make decisions under conditions of uncertainty and that such decisions should be made on the basis of established risk-assessment and management principles. At the same time, …

Public Interest Research, Collaboration, And The Promise Of Wikis, Tom Cobb

Articles

One of my central goals in teaching law is to help students find ways to apply their emerging analytical powers and professional skills to promote the public interest.A related goal is to create an engaging learning experience in which students see each other—and other members of the legal community—as key resources in their education.

To help accomplish these goals, I have been formally and informally collaborating with clinics—the traditional home of public interest law and collaborative learning in most law schools— to find ways to infuse my legal writing classes with clinical methods and values. This article describes a class …

Be Careful What You Ask For: Educacion Para Todas/Os, The Perils And The Power, Jessica Solyom, Jeremiah Chin, Kristi Ryujin

Articles

Demonstrations supporting human and civil rights, while often romanticized as a phenomenon of the past, are becoming more pervasive today, reflecting the continued forms of discrimination and oppression undocumented workers, individuals, and families experience. In the past few years, Utah residents have been engaged in their own battle to determine the level of support the state is willing to extend students of color interested in attending institutions of higher education. On the "frontstage" many of the state's universities echo a rhetoric of support for diversity. Some even go as far as to outline their commitment to diversity as part of …

Development And Assessment Of A Rapid Method To Detect Escherichia Coli O26, O111 And O157 In Retail Minced Beef., Mary Murphy, Anne Carroll, Paul Whyte, Micheál O'Mahoney, Wayne Anderson, Eleanor Mcnamara, Seamus Fanning, Ciara Walsh

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A molecular-based detection method was developed to detect Escherichia coli O26, O111 and O157 in minced (ground) beef samples. This method consists of an initial overnight enrichment in modified tryptone soya broth (mTSB) and novobiocin prior to DNA extraction and subsequent serogrouping using a triplex PCR. This method has a low limit of detection and results are available within 24 hours of receipt of samples. Once optimized, this rapid method was utilized to determine the prevalence of these E. coli serogroups in six hundred minced beef samples all of which were previously examined by immunomagnetic separation (IMS) and selective plating …

Arginine-To-Lysine Substitutions Influence Recombinant Horseradish Peroxidase Stability And Immobilisation Effectiveness., Barry Ryan, CiaráN Fagan

Articles

Background: Horseradish Peroxidase (HRP) plays important roles in many biotechnological fields, including diagnostics, biosensors and biocatalysis. Often, it is used in immobilised form. With conventional immobilisation techniques, the enzyme adheres in random orientation: the active site may face the solid phase rather than bulk medium, impeding substrate access and leading to sub-optimal catalytic performance. The ability to immobilise HRP in a directional manner, such that the active site would always face outwards from the insoluble matrix, would maximise the immobilised enzyme’s catalytic potential and could increase HRP’s range of actual and potential applications. Results: We have replaced arginine residues on …

Increased Mitochondrial Mass In Cells With Functionally Compromised Mitochondria After Exposure To Both Direct Y Radiation And Bystander Factors, Sharon Nugent, Carmel Mothersill, C. Seymour, B. Mcclean, Fiona Lyng, James Murphy

Articles

The bystander effect describes radiation-like damage in unirradiated cells either in the vicinity of irradiated cells or exposed to medium from irradiated cells. This study aimed to further characterize the poorly understood mitochondrial response to both direct irradiation and bystander factor(s) in human keratinocytes (HPV-G) and Chinese hamster ovarian cells (CHO-K1). Oxygen consumption rates were determined during periods of state 4, state 3 and uncoupled respiration. Mitochondrial mass was determined using MitoTracker FM. CHO-K1 cells showed significantly reduced oxygen consumption rates 4 h after exposure to 5 Gy direct radiation and irradiated cell conditioned medium (ICCM) and an apparent recovery …

An Experiment Using A Simple Photoassisted Fuel Cell Designed To Remediate Simulated Wastewater, John Cassidy, Faisa Touati, Kevin Mcguigan

Articles

Work in photochemistry work peaked in the 1980’s where there was the prospect of using sunlight shining on suspensions of titanium dioxide in order to catalytically cleave water into hydrogen and oxygen [1-5]. In this way a clean and efficient method of producing hydrogen as a fuel was envisaged. However, there was a requirement to use a rather high energy light to achieve the splitting and it was not as efficient with visible light[5]. Doped TiO2 layers have been used in a three electrode system for formic acid degradation[6]. In this work, the system uses an electrode coated with TiO2 …

A Note On Clean Abelian Groups, Brendan Goldsmith, P. Vamos

Articles

Nicholson defined a ring to be clean if every element is the sum of a unit and an idempotent. A module is clean if its endomorphism algebra is clean. We show that torsion-complete Abelian p-groups are clean and characterize the clean groups among the class of totally projective p-groups. An example is given of a clean p-group which is neither totally projective nor torsion- complete

Optimising The Ratio Of Horseradish Peroxidase And Glucose Oxidase On A Bienzyme Electrode: Comparison Of A Theoretical And Experimental Approach, Dana Mackey, Anthony Killard, Adriano Ambrosi, Malcolm Smyth

Articles

This study compares the behaviour of an electrochemical enzyme biosensor with a theoretical analysis based on a mathematical model and numerical simulation. The biosensor is based on a bi-enzyme channelling configuration, employing the enzymes glucose oxidase and horseradish peroxidase, with direct electron transfer of horseradish peroxidase at a conducting polymer electrode. This was modelled by a system of partial differential equations and boundary conditions representing convective and diffusive transport of the substrates glucose and hydrogen peroxide, as well as reaction kinetics of the bienzyme electrode. The main parameter investigated was the ratio of the two immobilised enzymes, with the aim …

Conformal And Geometric Properties Of The Camassa-Holm Hierarchy, Rossen Ivanov

Articles

Integrable equations with second order Lax pair like KdV and Camassa-Holm (CH) exhibit interesting conformal properties and can be written in terms of the so-called conformal invariants (Schwarz form). These properties for the CH hierarchy are discussed in this ontribution. The squared eigenfunctions of the spectral problem, associated to the Camassa-Holm equation represent a complete basis of functions, which helps to describe the Inverse Scattering Transform (IST) for the Camassa-Holm hierarchy as a Generalised Fourier Transform (GFT). Using GFT we describe explicitly some members of the CH hierarchy, including integrable deformations for the CH equation. Also we show that solutions …