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Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine Jan 2002

Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine

Articles

Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review …


Who Cares?, Adam C. Pritchard Jan 2002

Who Cares?, Adam C. Pritchard

Articles

Jim Cox and Randall Thomas have identified an interesting phenomenon in their contribution to this symposium: institutional investors seem to be systematically "leaving money on the table" in securities fraud class actions. For someone who approaches legal questions from an economic perspective, the initial response to this claim is disbelief. As the joke goes, economists do not bend over to pick up twenty-dollar bills on the street. The economist knows that the twenty dollars must be an illusion. In a world of rational actors, someone else already would have picked up that twenty-dollar bill, so the effort spent bending over …


Digital Copyright And The "Progress Of Science, Jessica D. Litman Jan 2002

Digital Copyright And The "Progress Of Science, Jessica D. Litman

Articles

Let me start with a truism: Networked digital technology has transformed information and the way we interact with it. Digital information is dynamic rather than fixed. What we think of as “documents” can change constantly. That’s challenged our notions of what it means to archive material.


Sex, Gender, And September 11, Hilary Charlesworth, Christine M. Chinkin Jan 2002

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

Articles

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. …


How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White Jan 2002

How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White

Articles

I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from …


Teaching The Media In Ireland, Brian O'Neill, Helen Howley Jan 2002

Teaching The Media In Ireland, Brian O'Neill, Helen Howley

Articles

This chapter presents an outline of the context, provision and future prospects for Media Education in Ireland with particular reference to the junior secondary cycle. The research, carried out by as part of the Euromedia Project, was co-ordinated by the School of Media, Technological University Dublin and was carried out between January and June 2001. To date, little if any formal research has been carried on provisions for media education in Ireland. O’Halloran (1992) and Lynskey (1990) both identified the need and proposed methodologies for media education in Irish primary and secondary curricula respectively and O’Neill (2000) describes the historical …


Characterization Of An Acyl-Coa Thioesterase That Functions As A Major Regulator Of Peroxisomal Lipid Metabolism, Mary Hunt, Karianne Solaas, Bengt F. Kase, Stefan E H Alexson Jan 2002

Characterization Of An Acyl-Coa Thioesterase That Functions As A Major Regulator Of Peroxisomal Lipid Metabolism, Mary Hunt, Karianne Solaas, Bengt F. Kase, Stefan E H Alexson

Articles

Peroxisomes function in b-oxidation of very long- and long-chain fatty acids, dicarboxylic fatty acids, bile acid intermediates, prostaglandins, leukotrienes, thromboxanes, pristanic acid and xenobiotic carboxylic acids. These lipids are mainly chain-shortened for excretion as the carboxylic acids or transported to mitochondria for further metabolism. Several of these carboxylic acids are slowly oxidized and may therefore sequester coenzyme A (CoASH). To prevent CoASH sequestration and to facilitate excretion of chain-shortened carboxylic acids, acyl-CoA thioesterases, which catalyze the hydrolysis of acyl-CoAs to the free acid and CoASH, may play important roles. We have here cloned and characterized a peroxisomal acyl-CoA thioesterase from …


Public Vs. Proprietary Science: A Fruitful Tension?, Rebecca S. Eisenberg, Richard R. Nelson Jan 2002

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

Articles

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 …


Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining Jan 2002

Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining

Articles

We should have a text to help us-lawyers and theologians almost always do. Consider this from Wordsworth, and ask whether it goes too far if Wordsworth were thought to be speaking to the practicing lawyer: Here you stand, Adore, and worship, when you know it not; Pious beyond the intention of your thought; Devout above the meaning of your will. -Yes, you have felt, and may not cease to feel. The estate of Man would be indeed forlorn If false conclusions of the reasoning Power Made the Eye blind, and closed the passages Through which the Ear converses with the …


Federal Class Action Reform In The United States: Past And Future And Where Next?, Edward H. Cooper Jan 2002

Federal Class Action Reform In The United States: Past And Future And Where Next?, Edward H. Cooper

Articles

Predicting the likely future developments in class action practice in the federal courts of the United States must begin in the past.


Refugee Law Is Not Immigration Law, James C. Hathaway Jan 2002

Refugee Law Is Not Immigration Law, James C. Hathaway

Articles

The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.


Statutes With Multiple Personality Disorders: The Value Of Ambiguity In Statutory Design And Interpretation, Joseph A. Grundfest, Adam C. Pritchard Jan 2002

Statutes With Multiple Personality Disorders: The Value Of Ambiguity In Statutory Design And Interpretation, Joseph A. Grundfest, Adam C. Pritchard

Articles

Ambiguity serves a legislative purpose. When legislators perceive a need to compromise they can, among other strategies, "obscur[e] the particular meaning of a statute, allowing different legislators to read the obscured provisions the way they wish." Legislative ambiguity reaches its peak when a statute is so elegantly crafted that it credibly supports multiple inconsistent interpretations by legislators and judges. Legislators with opposing views can then claim that they have prevailed in the legislative arena, and, as long as courts continue to issue conflicting interpretations, these competing claims of legislative victory remain credible. Formal legal doctrine, in contrast, frames legislative ambiguity …


K(Π, 1) For Artin Groups Of Finite Type, Colum Watt, Thomas Brady Jan 2002

K(Π, 1) For Artin Groups Of Finite Type, Colum Watt, Thomas Brady

Articles

This paper is a continuation of a programme to construct new K(π, 1)’s for Artin groups of finite type which began in [4] with Artin groups on 2 and 3 generators and was extended to braid groups in [3]. These K(π, 1)’s differ from those in [6] in that their universal covers are simplicial complexes. In [4] a complex is constructed whose top-dimensional cells correspond to minimal factorizations of a Coxeter element as a product of reflections in a finite Coxeter group. Asphericity is established in low dimensions using a metric of non-positive curvature. Since the nonpositive curvature condition is …


A Partial Order On The Orthogonal Group, Colum Watt, Thomas Brady Jan 2002

A Partial Order On The Orthogonal Group, Colum Watt, Thomas Brady

Articles

We define a natural partial order on the orthogonal group and completely describe the intervals in this partial order. The main technical ingredient is that an orthogonal transformation induces a unique orthogonal transformation on each subspace of the orthogonal complement of its fixed subspace.


On Unit Sum Numbers Of Rational Groups, Brendan Goldsmith, Christopher Meehan, S. Wallutis Jan 2002

On Unit Sum Numbers Of Rational Groups, Brendan Goldsmith, Christopher Meehan, S. Wallutis

Articles

The unit sum numbers of rational groups are investigated: the importance of the prime 2 being an automorphism of the rational group is discussed and other results are achieved by considering the number and distribution of rational primes which are, or are not, automorphisms of the group. Proof is given of the existence of rational groups with unit sum numbers greater than 2 but of finite value .


On Torsion And Mixed Minimal Abelian Groups, Brendan Goldsmith, S. O. Hogain Jan 2002

On Torsion And Mixed Minimal Abelian Groups, Brendan Goldsmith, S. O. Hogain

Articles

An abelian group is said to be minimal if it is isomorphic to all its subgroups of finite index. We obtain a complete characterisation of such groups in the torsion case; in the case of mixed groups of rank 1 we obtain a characterisation for some large classes of such groups.


Flow Patterns In A Two-Roll Mill, Christopher Hills Jan 2002

Flow Patterns In A Two-Roll Mill, Christopher Hills

Articles

The two-dimensional flow of a Newtonian fluid in a rectangular box that contains two disjoint, independently-rotating, circular boundaries is studied. The flow field for this two-roll mill is determined numerically using a finite-difference scheme over a Cartesian grid with variable horizontal and vertical spacing to accommodate satisfactorily the circular boundaries. To make the streamfunction numerically determinate we insist that the pressure field is everywhere single-valued. The physical character, streamline topology and transitions of the flow are discussed for a range of geometries, rotation rates and Reynolds numbers in the underlying seven-parameter space. An account of a preliminary experimental study of …


Some Irrational Generalised Moonshine From Orbifolds, Rossen Ivanov, Michael Tuite Jan 2002

Some Irrational Generalised Moonshine From Orbifolds, Rossen Ivanov, Michael Tuite

Articles

We verify the Generalised Moonshine conjectures for some irrational modular functions for theMonster centralisers related to the Harada-Norton, Held, M12 and L3(3) simple groups based on certain orbifolding constraints. We find explicitly the fixing groups of the hauptmoduls arising in each case.


Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin Jan 2002

Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin

Articles

No abstract provided.


Bouncing Branes, Emil Prodanov Jan 2002

Bouncing Branes, Emil Prodanov

Articles

Two classical scalar fields are minimally coupled to gravity in the Kachru-Shulz-Silverstein scenario with a rolling fifth radius. A Tolman wormhole solution is found for a R x S^3 brane with Lorentz metric and for a R x AdS_3 brane with positive definite metric.


The Established And Potential Mediating Variables In The Child's Understanding Of Advertising Intent: Towards A Research Agenda, Margaret-Anne Lawlor, Andrea Prothero Jan 2002

The Established And Potential Mediating Variables In The Child's Understanding Of Advertising Intent: Towards A Research Agenda, Margaret-Anne Lawlor, Andrea Prothero

Articles

This paper aims to explore in detail the issue of advertising intent, with particular reference to the child. The literature review examines the importance of age, and cognitive and social development in this field, and considers whether or not children can distinguish between television programming and advertising. What the literature review illustrates is that research studies thus far have conflicting viewpoints on these areas. Within the research to date, there are also a number of important issues which do not seem to be addressed. Most notably, there is little research which considers the impact of advertising upon children, from the …


Community Prosecutors, Anthony V. Alfieri Jan 2002

Community Prosecutors, Anthony V. Alfieri

Articles

No abstract provided.


What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt Jan 2002

What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt

Articles

No abstract provided.


Lawyers, Civil Disobedience, And Equality In The Twenty-First Century: Lessons From Two American Heroes Symposium: Of John Brown: Lawyers, The Law, And Civil Disobedience, U. W. Clemon, Bryan K. Fair Jan 2002

Lawyers, Civil Disobedience, And Equality In The Twenty-First Century: Lessons From Two American Heroes Symposium: Of John Brown: Lawyers, The Law, And Civil Disobedience, U. W. Clemon, Bryan K. Fair

Articles

No abstract provided.


Symposium Introduction: Sharing Stories About Our Commitment To Teaching Ethics Symposium: Recommitting To Teaching Legal Ethics- Shaping Our Teaching In A Changing World, Steven H. Hobbs Jan 2002

Symposium Introduction: Sharing Stories About Our Commitment To Teaching Ethics Symposium: Recommitting To Teaching Legal Ethics- Shaping Our Teaching In A Changing World, Steven H. Hobbs

Articles

No abstract provided.


Why Deference: Implied Delegations, Agency Expertise, And The Misplaced Legacy Of Skidmore Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr. Jan 2002

Why Deference: Implied Delegations, Agency Expertise, And The Misplaced Legacy Of Skidmore Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


A Remembrance Of Things Past: Reflections On The Warren Court And The Struggle For Civil Rights Symposium: The Jurisprudential Legacy Of The Warren Court, Ronald J. Krotoszynski Jr. Jan 2002

A Remembrance Of Things Past: Reflections On The Warren Court And The Struggle For Civil Rights Symposium: The Jurisprudential Legacy Of The Warren Court, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Equality For All: The Case For A New Declaration Of Rights Article Of The Alabama Constitution Working Papers, Bryan K. Fair Jan 2002

Equality For All: The Case For A New Declaration Of Rights Article Of The Alabama Constitution Working Papers, Bryan K. Fair

Articles

No abstract provided.


An Argument For Tax Reform Based On Judeo-Christian Ethics, Susan Pace Hamill Jan 2002

An Argument For Tax Reform Based On Judeo-Christian Ethics, Susan Pace Hamill

Articles

This article applies the moral principles of JudeoChristian ethics as a basis for urging the citzens of Alabama to insist that the state and local tax structure be reformed This article first empirically documents that Alabamas state and local tax structure harshly burdens the poorest Alabamians through regressive income and sales taxes This article then proves that Alabamas lowest property taxes per capita in the nation leaves the state and local governments unable to fund minimum needs such as education thereby denying the poorest Alabamians a minimum opportunity to improve their lives An original empirical study of the relative property …


A Footnote For Jack Dawson, James J. White, David A. Peters Jan 2002

A Footnote For Jack Dawson, James J. White, David A. Peters

Articles

Jack Dawson, known to many at Michigan as Black Jack, taught at the Law School from 1927 to 1958. Much of his work was published in the Michigan Law Review, where he served as a student editor during the 1923-24 academic year. We revisit his work and provide a footnote to his elegant writing on mistake and supervening events. In Part I, we talk a little about Jack the man. In Part II, we recite the nature and significance of his scholarly work. Part III deals briefly with the cases decided in the last twenty years by American courts on …