Digital Commons Network^™

Republican Virtue And Expert Discourse: A Response To Professor Rana Commentary: National Security: Response, Luke Herrine, Joseph Maguilies

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In this Article, the authors note their agreement with Professor Rana's historical analysis of a major change in national security discourse and elaborate on their disagreement with his account of the theoretical underpinnings of this transition. They locate their difference on the line between liberal and republican theory, arguing that the historical shift is from democratic republicanism to aristocratic republicanism and not, as Rana suggests, between Lockean liberalism and Hobbesean authoritarianism. After establishing this theoretical framework, the authors draw out some of the implications of their account. They emphasize the role of practical reasoning, explore the differences in how aristocratic …

Child Representation In America: Progress Report From The National Quality Improvement Center, Donald N. Duquette, Julian Darwall

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Few dispute that children in the child welfare system need effective representation. In October 2009, the U.S. Children's Bureau named the University of Michigan Law School the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). The QIC-ChildRep is a five-year, multimillion dollar project, charged with gathering, developing, and communicating knowledge on child representation. In addition, the QIC-ChildRep is tasked with promoting a consensus on the role of the child's legal representative and providing one of the first random assignment experimental design research projects on the legal representation of children.

Why I Do Law Reform, Lawrence W. Waggoner

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In this Article, Professor Waggoner, newly retired, provides a retrospective on his career in law reform. He was inspired to write the Article by a number of articles by law professors explaining why they write. He contrasts law-reform work with law-review writing, pointing out that the work product of a law-reform reporter is directed to duly constituted law-making authorities. He notes that before getting into the law-reform business, he had authored or co-authored law review articles that advocated reform, but he also notes that those articles did not move the law a whit. The articles did, however, lead to his …

The Sky Is Still Not Falling, Richard D. Friedman

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Cases since Crawford have mainly fallen into two categories. One involves accusations of crime, made by the apparent victim shortly after the incident. In Michigan v. Bryant, a majority of the Court adopted an unfortunately constricted view of the word "testimonial" in this context. That decision was a consequence of the Court having failed to adopt a robust view of when an accused forfeits the confrontation right. How the Court will deal with this situation-one mistake made in an attempt to compensate for another-is a perplexing and important question. This Essay, though, concentrates on the other principal category of post-Crawford …

David Baldus And The Legacy Of Mccleskey V. Kemp, Samuel R. Gross

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The first major empirical challenge to racial discrimination in the use of the death penalty in the United States was presented in federal court in the case of William L. Maxwell, who was sentenced to death in Arkansas in 1962 for the crime of rape.1 It was based on a landmark study by Marvin Wolfgang, a distinguished criminologist who had collected data on some 3000 rape convictions from 1945 through 1965 in selected counties across eleven southern states.2 He found that black men who were convicted of rape were seven times more likely to be sentenced to death than white …

Is Tort Law A Form Of Institutionalized Revenge, Gabriel S. Mendlow

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Viewed in a certain light, tort law serves primarily to give injury victims a means of imposing onerous burdens on their injurers. Through the remedy of injunction, tort law enables victims to restrict their injurers' freedom of action, and through the remedies of damages and restitution, tort law enables victims to deprive their injurers of money and other things of value. Moreover, tort law distinctively grants victims themselves the power to impose these burdens, rather than reserving prosecutorial discretion to the state. These features of tort law invite the charge that tort law is essentially a form of institutionalized revenge. …

Antibiotic Resistance, Jessica D. Litman

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Ten years ago, when I wrote War Stories,' copyright lawyers were fighting over the question whether unlicensed personal, noncommercial copying, performance or display would be deemed copyright infringement. I described three strategies that lawyers for book publishers, record labels, and movie studios had deployed to try to assure that the question was answered the way they wanted it to be. First, copyright owners were labeling all unlicensed uses as "piracy" on the ground that any unlicensed use might undermine copyright owners' control. That epithet helped to obscure the difference between unlicensed uses that invaded defined statutory exclusive rights and other …

On Overreaching, Or Why Rick Perry May Save The Voting Rights Act But Destroy Affirmative Action, Ellen D. Katz

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The State of Texas is presently staking out two positions that are not typically pursued by a single litigant. On the one hand, Texas is seeking the invalidation of the Voting Rights Act, and, on the other, the State is now defending the validity of the expansive race-based affirmative action policy it uses at its flagship university. This Essay presses the claim that Texas has increased the chance it will lose in bothTexas v. Holder andFisher v. University of Texas because it has opted to stake out markedly extreme positions in each. I argue that Texas would be more likely …

What's In The Third And Final Volume Of The New Restatement Of Property That Estate Planners Should Know About, Lawrence W. Waggoner

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Professor John Langbein and I have just concluded a twenty-year project for the American Law Institute to restate the law of donative transfers. The official title of our three-volume Restatement is the Restatement (Third) of Property: Wills and Other Donative Transfers.1 We refer to it herein simply as the Property Restatement. The third and final volume of the work was published in the last days of 2011. Professor Langbein spoke about certain of the initiatives in the two earlier volumes, which set forth the principles governing the law of wills, intestacy, interpretation of instruments, and the nonprobate system. The concluding …

The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann

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When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …

The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine

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Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …

How The Gun-Free School Zones Act Saved The Individual Mandate, Richard A. Primus

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For all the drama surrounding the Commerce Clause challenge to the in-dividual mandate provision of the Patient Protection and Affordable Care Act (“PPACA”), the doctrinal question presented is simple. Under existing doctrine, the provision is as valid as can be. To be sure, the Supreme Court could alter existing doctrine, and many interesting things could be written about the dynamics that sometimes prompt judges to strike out in new directions under the pressures of cases like this one. But it is not my intention to pursue that possibility here. My own suspicion, for what it is worth, is that the …

Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches, Eve Brensike Primus

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Anyone who has been stopped at a sobriety checkpoint, screened at an international border, scanned by a metal detector at an airport or government building, or drug tested for public employment has been subjected to an administrative search or seizure. Searches of public school students, government employees, and probationers are characterized as administrative, as are business inspections and-increasingly-wiretaps and other searches used in the gathering of national security intelligence. In other words, the government conducts thousands of administrative searches every day. None of these searches requires either probable cause or a search warrant. Instead, courts evaluating administrative searches need only …

A Neo-Chicago Perspective On Antitrust Institutions, Daniel A. Crane

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It has long been fashionable to categorize antitrust by its "schools." From the Sherman Act's passage to World War II, there were (at least) neo-classical marginalism, populism, progressivism, associationalism, business commonwealthism, and Brandeisianism. From World War II to the present, we have seen (at least, and without counting the European Ordo-Liberals) PaleoHarvard structuralism, the Chicago School, Neo-Harvard institutionalism, and Post -Chicagoans. So why not Neo-Chicago? I am already on record as suggesting the possible emergence of such a school, so it is too late for me to dismiss the entire "schools" conversation as window-dressing. This Symposium is dedicated to defining …

Tying And Consumer Harm, Daniel A. Crane

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Brantley raises important issues of law, economics, and policy about tying arrangements. Under current legal principles, Brantley was on solid ground in distinguishing between anticompetitive ties and those that might harm consumer interests without impairing competition. As a matter of economics, the court was also right to reject the claim that the cable programmers forced consumers to pay for programs the customers didn’t want. The hardest question is a policy one - whether antitrust law should ever condemn the exploitation of market power in ways that extract surplus from consumers but do not create or enlarge market power. I shall …

Shaken Baby Syndrome, Abusive Head Trauma, And Actual Innocence: Getting It Right, Keith A. Findley, Patrick D. Barnes, David A. Moran, Waney Squier

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In the past decade, the existence of shaken baby syndrome (SBS) has been called into serious question by biomechanical studies, the medical and legal literature, and the media. As a result of these questions, SBS has been renamed abusive head trauma (AHT). This is, however, primarily a terminological shift: like SBS, AHT refers to the two-part hypothesis that one can reliably diagnose shaking or abuse from three internal findings (subdural hemorrhage, retinal hemorrhage, and encephalopathy) and that one can identify the perpetrator based on the onset of symptoms. Over the past decade, we have learned that this hypothesis fits poorly …

Who Said The Crawford Revolution Would Be Easy?, Richard D. Friedman

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One of the central protections of our system of criminal justice is the right of the accused in all criminal prosecutions "to be confronted with the witnesses against him." It provides assurance that prosecution witnesses will give their testimony in the way demanded for centuries by Anglo-American courts-in the presence of the accused, subject to cross-examination- rather than in any other way. Witnesses may not, for example, testify by speaking privately to governmental agents in a police station or in their living rooms. Since shortly after it was adopted, however, the confrontation right became obscured by the ascendance of a …

The Resistance Defense, Jenny E. Carroll

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This article explores a previously ignored set of defendants "” those who choose to rely on a defense of resistance From Warren Jeffs the polygamist recently convicted of child rape in Texas to John Brown the fiery abolitionist who led a raid on the federal armory at Harpers Ferry in the hopes of triggering an armed insurrection these defendants waived their procedural rights and transformed their criminal trials into a commentary on the deficiencies of the law and the system that supports it Though their belief systems varied they appear throughout history in moments of social or political crisis and …

Rethinking The Law, Not Abandoning It: A Comment On Overlapping Jurisdictions Articles From The Faulkner Law Review Symposium On Overlapping Jurisdictions: What Role For Conscience And Religion, Paul Horwitz

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No abstract provided.

A Functional Approach To Targeting And Detention, Monica Hakimi

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The international law governing when states may target to kill or preventively detain nonstate actors is in disarray. This Article puts much of the blame on the method that international law uses to answer that question. The method establishes different standards in four regulatory domains: (1) law enforcement, (2) emergency, (3) armed conflict for civilians, and (4) armed conflict for combatants. Because the legal standards vary, so too may substantive outcomes; decisionmakers must select the correct domain before determining whether targeting or detention is lawful. This Article argues that the "domain method" is practically unworkable and theoretically dubious. Practically, the …

Eric Stein (1913-2011), Daniel Halberstam, Steven Ratner, Mathias Reimann

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On July 28,2011, Eric Stein, pillar of international law, pioneer of the legal study of European integration, and master of comparative law, passed away in Ann Arbor, Michigan. He was ninety-eight years old. He joined this Journal's Board of Editors in 1963, serving as a regular member until 1978, and thereafter as an honorary editor. Stein was the last of that great generation of European-educated jurists who fled Nazism and became leading figures in comparative and international law in the United States.

The Challenges Faced By Portuguese-Speaking Universities In Africa, Stephen Thompson, Jorge Ferrao

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A common challenge faced by members of the Association of Portuguese Language Universities (AULP) and by other higher education institutions around the world is providing access to up-to-date and relevant academic literature. In an age where more research is being published than ever before, institutions need to move with the times and recognise that we should change our approach to tertiary education. This report considers how a university based in a Portuguese speaking country can use e-learning to overcome some of the barriers presented by language in higher education.

Venture Capital In Ireland In Comparative Perspective, Frank Barry, Clare O'Mahony, Beata Sax

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This paper assembles the most comprehensive set of data available to offer a comparative perspective on venture capital in Ireland. The paper charts the emergence of the sector and the co-evolution of the demand and supply sides of the market. On the demand side, a flow of investment opportunities emerged – particularly from the indigenous software sector – for which venture capital represented an appropriate financing vehicle. Concurrently, on the supply side, publicly provided funding and other elements of public policy dramatically enhanced its availability. State support to the demand-side has been a multiple of state support to the supply …

Optimization Of Ultrasound Assisted Extraction Of Antioxidant Compounds From Marjoram (Origanum Majorana L.) Using Response Surface Methodology, Mohammad Hossain, Nigel Brunton, Ankit Patras, Brijesh Tiwari, C. O'Donnell, Ana Belen Martin-Diana, Catherine Barry-Ryan

Articles

The present study optimized the ultrasound assisted extraction (UAE) conditions to maximize the antioxidant activity [Ferric ion Reducing Antioxidant Power (FRAP)], total phenol content (TP) and content of individual polyphenols of extracts from marjoram. Optimal conditions with regard to amplitude of sonication (24.4–61.0 μm) and extraction temperature (15–35 °C) and extraction time (5–15 min) were identified using response surface methodology (RSM). The results showed that the combined treatment conditions of 61 μm, 35 °C and 15 min were optimal for maximizing TP, FRAP, rosmarinic acid, luteolin-7-O-glucoside, apigenin-7-O-glucoside, caffeic acid, carnosic acid and carnosol values of the …

Idiosyncratic Distances: Impact Of Mobile Technology Practices On Role Segmentation And Integration, Nicolas Battard, Vincent Mangematin

Articles

Mobile technologies have brought convenience, flexibility and connectedness in our lives by enabling us to be reachable anywhere and anytime. All of our environments such as work and home converge through a single device and we can now receive private calls at work and professional calls during the weekend. Mobile technologies have transformed geographical distances and allow unplanned interruptions. While boundary theory suggests that individuals create, maintain and modify their boundaries in order to classify and simplify their environments, we focus here on how people use their devices and manage the boundaries that have been erased by mobile technologies. Based …

How Irish Political Parties Are Using Social Networking Sites To Reach Generation Z: An Insight Into A New Online Social Network In A Small Democracy, Kevin Lynch, John Hogan

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No abstract provided.

“Are The Study Habits Of First Year Undergraduate Students Influenced By Where They Live While Attending College?”, Robert Morris

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Abstract

This study was carried out in the Technological University Dublin with the co-operation of four experienced lecturers of engineering and fifty first year undergraduate engineering students.

The main aim of the research was to establish if living away from the family home influences the study habits of first year undergraduate students.

Many causes of attrition in first year are identified in the research. For this research project the four experienced lecturers were interviewed to capture their views and experiences of the study and learning habits of first year students. The data gathered in conjunction with my own personal experiences, …

Wristop: Market Selection For Medical Technologies, Pasi Malinen, Thomas M. Cooney

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No abstract provided.

“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock

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No abstract provided.

Integrable Models For Shallow Water With Energy Dependent Spectral Problems, Rossen Ivanov, Tony Lyons

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We study the inverse problem for the so-called operators with energy depending potentials. In particular, we study spectral operators with quadratic dependence on the spectral parameter. The corresponding hierarchy of integrable equations includes the Kaup–Boussinesq equation. We formulate the inverse problem as a Riemann–Hilbert problem with a Z₂ reduction group. The soliton solutions are explicitly obtained.