Digital Commons Network^™

Detaining Due Process: The Need For Procedural Reform In "Joseph" Hearings After Demore V. Kim, Shalini Bhargava Ray

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No abstract provided.

Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado

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The chronicle proceeds as a dialogue between the fictional alter ego Rodrigo Crenshaw and an older professor After meeting in Rodrigos city the two friends joined later by Giannina go out to dinner Rodrigo who is on his law schools admissions committee has been thinking about affirmative action Prompted by his conservative colleague Laz Rodrigo has formulated a severalpronged attack on Sanders premise that stairstep admissions and later law firm hiring just hurts the cause of black lawyersThe professor presses Rodrigo to defend his views and the arrival of Giannina requires him to articulate them even more You will enjoy …

Forces Driving And Shaping Legal Training Reform In Japan, Daniel H. Foote

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After canvassing the history of, and rationale for, legal training reform, the article examines the recommendations of the Justice System Reform Council. It then examines some of the forces that led to the reforms; some of those forces that helped shape the reforms; and the major aspects of the reforms themselves. The second half of the article undertakes an initial assessment of the first year of operation of the new system, focusing on the University of Tokyo, and based upon the author's first-hand experience.

Nineteenth-Century Free Exercise Jurisprudence And The Challenge Of Polygamy: The Relevance Of Nineteenth-Century Cases And Commentaries For Contemporary Debates About Free Exercise Exemptions, Clark B. Lombardi

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Does the Free Exercise Clause of the U.S. Constitution require judges to exempt religious objectors from the application of nondiscriminatory and otherwise applicable laws? Over the last twenty years, judges and academics have debated fiercely whether the Clause should be interpreted to provide religiously observant citizens with a right to “free exercise exemptions.” The debate has led indirectly to a new interest in nineteenth-century views on free exercise jurisprudence. In this Article, I will examine the scholarship on nineteenth-century free exercise jurisprudence to date and ask what it adds to our understanding of the Clause and the question of exemptions.

The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17, Clark B. Lombardi, Nathan J. Brown

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The jurisprudence of the Supreme Constitutional Court of Egypt is creative and influential in the Arab world. Among its opinions, Case No. 8 of Judicial Year 17, decided on May 18, 1996, is particularly interesting. In this opinion, the SCC argues that a regulation on face-veiling in public schools is consistent not only with Islamic law, but with the Egyptian Constitution's guarantees of freedom of religion and freedom of expression. Not only does it illustrate the SCC's approach to Islamic legal reasoning, but it gives insight into the Court's views with respect to civil and political rights. The case also …

Odious Debt Or Odious Payments - Using Anti-Corruption Measures To Prevent Odious Debt, Anita Ramasastry

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This article focuses on ways to stem the tide of odious payments and to stop such payments, when made, from moving offshore into foreign bank accounts. To the extent that such payments leave a country, fewer funds are available to repay sovereign debts in the event of a regime change, or to feed and shelter the population. This article focuses on emerging anti-corruption mechanisms as a means of dealing with odious payments and odious debt. It also focuses on the role of financial institutions (banks) as gatekeepers. Part I of this article focuses on the way in which banks are …

Lost In Translation? Data Mining, National Security And The Adverse Inference Problem, Anita Ramasastry

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To the extent that we permit data mining programs to proceed, they must provide adequate due process and redress mechanisms that permit individuals to clear their names. A crucial criteria for such a mechanism is to allow access to information that was used to make adverse assessments so that errors may be corrected. While some information may have to be kept secret for national security purposes, a degree of transparency is needed when individuals are trying to protect their right to travel or access government services free from suspicion.

Part II of this essay briefly outlines the government's ability to …

New Life For The ‘Criteria Tests’ In State Constitutional Jurisprudence: ‘Gunwall Is Dead—Long Live Gunwall”, Hugh D. Spitzer

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Outlines the develoment of state constitutional jurisprudence in Washington State between 1986 and 2006. Provides a general theory of state constitutional analysis, and recommends retention of the "creteria" approach to application of state constitutions, primarily as an interpretive tool.

Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni

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This article examines the implications of the foregoing competing claims from a U.S. legal perspective, focusing particularly on how the legal system addresses patient safety concerns and autonomous decision-making of surgeons in the context of surgical innovation. The lack of oversight and the risks borne by patients during surgeons' development and subsequent refinement of a novel procedure must be balanced with the need to encourage medical progress through the development of improved techniques designed to benefit the health of current and future patients. This article argues that current reliance on the medical malpractice system and the federal regulatory system of …

Strengthening Auditor Independence: Reestablising Audits As Control And Premium Signaling Mechanisms, Sean M. O'Connor

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As recent scandals have demonstrated, ensuring the independence of auditors from the publicly traded clients whose books they inspect is one of the most vexing problems in the financial world today. Arguably, the imposition of a mandatory audit system through the 1930s federal securities laws created the modern problem of auditor independence.

The core issue is that the statutory audit is simply a commodified cost of doing business for issuers that imposes an impossible obligation to serve an unspecified “investing public” on the auditors. Yet, this investing public neither hires, fires, nor controls the auditors. Instead, the audit relationship is …

The Use Of Mtas To Control Commercialization Of Stem Cell Diagnostics And Therapeutics, Sean O'Connor

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The recent focus on patents as a hindrance to stem cell research may turn out to be a red herring. The real culprits are material transfer agreements (MTAs), which govern the transfer of cell lines and other biological materials. The MTA’s primary purpose in life sciences research is to set contractual rights and obligations between parties where one party transfers biological materials to the other. For example, MTAs often focus on the physical handling, use, and distribution of the materials by the recipient, ensuring that the recipient complies with regulations for research involving humans or animals.

Although these interests are …

Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency"?, Helen A. Anderson

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This article argues that a legal positional conflict is not a true conflict of interest, and should not be the subject of an ethical prohibition. Because of the incentives it creates, a rule against positional conflicts gives greater control to wealthy clients over the availability of legal services without significantly protecting the rights of the poor or middle income clients. Business conflicts already exert significant pressure on lawyers; too much concern with potential positional conflicts only increases that pressure.

This article also argues that eliminating an ethical prohibition against potential conflicts could mitigate much of the credibility concerns raised by …

Textualism In Gatt/Wto Jurisprudence: Lessons For The Constitutionalization Debate, Dongsheng Zang

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Today, the World Trade Organization (WTO) jurisprudence is subject to tremendous controversy, the WTO panels' or Appellate Body's interpretation of a WTO text is often heatedly debated; and yet, there seems not much attention paid to the general methodology of interpretation in the practice of the General Agreement on Tariff and Trade (GATT) and WTO jurisprudence, even in a recent debate over constitutionalization between Petersmann and his critics. In rejecting his human rights approach to constitutionalization, Petersmann's critics, rightfully, warn him that he has failed to appreciate the complex relations between human rights and free trade in the history of …

Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine

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The interdisciplinarity of intellectual property and taxation poses many challenges to the disparate existing norms in each respective field of law. This Article identifies and critiques the current tax regime governing the giving of intellectual property as a manifestation of the failure to understand the principles and policies underlying intellectual property and the firm. It proposes an economic, incentives-based system that would encourage firms to extricate part of their repository of residual rights by surrendering their monopolistic ownership of intellectual property for the benefit of charitable organizations and, in turn, the development and growth of society.

Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield

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On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.

Ignore The Rumors—Campaigning From The Pulpit Is Okay: Thinking Past The Symbolism Of Section 501(C)(3), Michael Hatfield

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This Article is enough to ruin many Thanksgiving family dinners. It is about American religion, politics, and taxes. Mostly it is about taxes. As I will explain, this is what sets it apart from the contemporary legal scholarship exploring the campaign restrictions on tax exempt churches. This Introduction identifies the problem addressed in the article, then introduces the contemporary legal scholarship and the alternative approach this article takes.

Part I of this Article introduces the reader to the legal context of "the problem" of churches being unable to campaign if they choose to be Tax Exempt under Section 501 (c) …

Indian Water Rights And The Federal Trust Responsibility, Robert T. Anderson

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Although federal policy shifted from assimilation to pro-tribal positions, the federal courts have quite consistently supported Indian reserved water rights. Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid West. Modem litigation over tribal rights takes place primarily in state courts that are tempted to interpret the few U.S. Supreme Court cases in ways that protect existing non-Indian uses over senior tribal water rights. Modern Indian water rights settlements tend to protect existing non- Indian uses while providing substantial benefits for tribes, but in a haphazard manner. This article examines the history …

Indian Water Rights: Litigation And Settlements, Robert T. Anderson

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This article provides a brief overview of the law of Indian and federal reserved water rights and continues with an examination of the Snake River Water Rights Act. The Act serves as a vehicle for discussion of what is right and what is wrong with the current Indian water rights settlement process. Finally, the article suggests that the Administration modify the portion of its criteria and procedures for Indian water settlements dealing with federal financial contributions. These criteria and procedures need to more accurately reflect the realities of past settlements and promote more successes like the Snake River Water Rights …

Biotechnology Entrepreneurship And Ethics: Principles, Paradigms, And Products, Patricia C. Kuszler

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Biotechnology, whether in the context of new drugs derived from DNA and genetic technology, genetically modified food, or biologics making use of living cells, raises ethical concerns at a variety of different levels. At the research level, there is concern that the very nature of research is being subverted, rather than enhanced, by entrepreneurship. This area of ethical concern has intensified in the United States as a result of the conflicts of interests resulting from the growing alliance between University academia and private industry in the research enterprise. As we travel down the research path into development of a drug …

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

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Medical waste is produced everywhere that people live and by almost everyone at some point in their lives. Its treatment and disposal implicates the environment, public health, the economy, human dignity, and aesthetics. With the many issues involved, the need for federal regulation of medical waste today is manifest.

This Article examines the problem of medical waste disposal and evaluates the current state-based approach to regulation. Although many states have implemented stringent medical waste programs with some success, the absence of direct federal regulation in this area is problematic. The need for national leadership is clear, especially with respect to …

Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix

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The focus of this Article is the interrelated set of issues that have arisen, on one hand, from Internet transactions regarding the downloading of free or purchased software, as well as other Internet sales, and on the other hand, the distinctive transactional problems that modern business practices have created under the rubric of "shrink-wrap" or "terms in the box"—a late presentation of terms associated with the sale of computers or the licensing of software (with the terms included in the packaging, rather than presented to the user ahead of time)—but not necessarily confined to those transactions.

Such transactions raise novel …

The Impact Of Eu Unfair Contract Terms Law On U.S. Business-To-Consumer Internet Merchants, Jane K. Winn, Mark Webber

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This article focuses on the application of European Union unfair contract terms law to retail Internet transactions that U.S. businesses might engage in with European consumers. It compares attitudes toward consumer protection regulation in the U.S. and the EU to provide some context within which the specific provisions of unfair contract terms law can be understood.

While many lawyers and legal academics in the U.S. who study the development of online markets are aware of the profound differences in U.S. and EU information privacy laws, the magnitude of the divergence in consumer electronic contracting law is not as widely recognized. …

Standing For Excellence, Reaching For Justice, Kellye Y. Testy

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Commemorating thirty volumes of the Seattle University Law Review.

Whey Permeate As A Bio-Preservative For Shelf Life Maintenance Of Fresh-Cut Vegetables, Ana Belen Martin-Diana, Daniel Rico, Jesus Maria Frias, Jemina Mulcahy, Gary Henehan, Catherine Barry-Ryan

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Whey permeate at different concentrations (0.5%, 1.5% and 3%) was used as natural sanitizing agent in the washing treatment of fresh-cut lettuce and carrots. These treatments were compared with a chlorine 120 ppm widely used in the industry. Microbiological, quality (colour changes, browning-related enzymes, headspace gas composition, textural changes and sensory analysis) and nutritional (ascorbic acid and carotenoids) markers were monitored over 10 days in fresh-cut lettuce and carrot packages stored at 4 °C. Whey permeate at 3% resulted in equivalent or better microbial load reduction than chlorine. Although lower concentration of whey permeate produced minor initial reduction, microbial counts …

Apoptosis Is Initiated In Human Keratinocytes Exposed To Signalling Factors From Microbeam Irradiated Cells, Fiona Lyng, Paula Maguire, A. Kilmurray, Carmel Mothersill, C. Shao, M. Folkard, K. Prise

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Purpose: There is now no doubt that bystander signalling from irradiated cells occurs and causes a variety of responses in cells not targeted by the ionising track. However, the mechanisms underlying these processes are unknown and the relevance to radiotherapy and risk assessment remains controversial. Previous research by our laboratory has shown bystander effects in a human keratinocyte cell line, HPV-G cells, exposed to medium from irradiated HPV-G cells. The aim of this work was to investigate if similar mechanisms to those identified in medium transfer experiments occurred in these HPV-G cells when they are in the vicinity of microbeam …

The Involvement Of Calcium And Map Kinase Signaling Pathways In The Production Of Radiation-Induced Bystander Effects, Fiona Lyng, Paula Maguire, B. Mcclean, C. Seymour, Carmel Mothersill

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Much evidence now exists regarding radiation-induced bystander effects, but the mechanisms involved in the transduction of the signal are still unclear. The mitogen-activated protein kinase (MAPK) pathways have been linked to growth factor-mediated regulation of cellular events such as proliferation, senescence, differentiation and apoptosis. Activation of multiple MAPK pathways such as the ERK, JNK and p38 pathways have been shown to occur after exposure of cells to radiation and a variety of other toxic stresses. Previous studies have shown oxidative stress and calcium signaling to be important in radiation-induced bystander effects. The aim of the present study was to investigate …

$H$-Vectors Of Generalized Associahedra And Noncrossing Partitions, Colum Watt, Thomas Brady, Christos A. Athanasiadis, Jon Mccammond

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A uniform proof is given that the entries of the $h$-vector of the cluster complex $\Delta (\Phi)$, associated by S. Fomin and A. Zelevinsky to a finite root system $\Phi$, count elements of the lattice $\mathbf{L}$ of noncrossing partitions of corresponding type by rank. Similar interpretations for the $h$-vector of the positive part of $\Delta (\Phi)$ are provided. The proof utilizes the appearance of the complex $\Delta (\Phi)$ in the context of the lattice $\mathbf{L}$ in recent work of two of the authors, as well as an explicit shelling of $\Delta (\Phi)$.

Radical Integration, Michelle Adams

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"Radical Integration" explores the two primary theoretical frameworks for achieving black liberation: the integration approach (which can be understood as assimilationist) and the identity-based, community-centered approach (which can be understood as isolationist). I argue that neither framework, by itself, is enough to ensure the achievement of true black liberation. I extract key elements of each approach and harmonize them to envision an entirely new framework. This framework, "radical integration," refocuses on the impact of racial segregation on the black community and simultaneously recognizes the need to address concerns about black identity and black authenticity in an integrated environment.

A Reply To Professor Johnson, Marci A. Hamilton

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No abstract provided.

Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes

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Geographical Indications (GIs) are terms for foodstuffs that are associated with certain geographical areas. The law of GIs is currently in a state of flux. Legal protection for GIs mandated in the TRIPS Agreement is implemented through appellations law in France and through certification mark systems in the United States and Canada. This Article first examines the state of GIs throughout the world. The author then turns to the continuing debate between the European Union and other industrialized economies over this unique form of intellectual property. The European Union claims that increasing GI protection would aid developing countries, but, in …