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Efn-4 Functions In Lad-2-Mediated Axon Guidance In Caenorhabditis Elegans, Alicia A. Schwieterman, Cory J. Donelson, Jonathan L. Mcmurry, Martin L. Hudson
Efn-4 Functions In Lad-2-Mediated Axon Guidance In Caenorhabditis Elegans, Alicia A. Schwieterman, Cory J. Donelson, Jonathan L. Mcmurry, Martin L. Hudson
Faculty Articles
During development of the nervous system, growing axons rely on guidance molecules to direct axon pathfinding. A well-characterized family of guidance molecules are the membrane-associated ephrins, which together with their cognate Eph receptors, direct axon navigation in a contact-mediated fashion. InC. elegans, the ephrin-Eph signaling system is conserved and is best characterized for their roles in neuroblast migration during early embryogenesis. This study demonstrates a role for theC. elegansephrin EFN-4 in axon guidance. We provide both genetic and biochemical evidence that is consistent with theC. elegansdivergent L1 cell adhesion molecule LAD-2 acting as a non-canonical ephrin receptor to EFN-4 to …
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen Matthew Feldman
(Same) Sex, Lies, And Democracy: Tradition, Religion, And Substantive Due Process (With An Emphasis On Obergefell V. Hodges), Stephen Matthew Feldman
Faculty Articles
Substantive due process issues implicitly concern voice Whose voice will be heard Although such issues often remain submerged the Justices occasionally translate them into disputes over democratic participation and power The Supreme Courts most important substantive due process decision in years Obergefell v Hodges entailed such a battle over democracy The multiple dissenting opinions insisted that the decision demeaned the opponents of samesex marriage many of whom were inspired by traditional values and religious convictions The majority explicitly disagreed reasoning that the case resolved the rights of samesex couples to marry and did not diminish the opponents voices The dissenters …
Is The Constitution Laissez-Faire? The Framers, Original Meaning, And The Market, Stephen Matthew Feldman
Is The Constitution Laissez-Faire? The Framers, Original Meaning, And The Market, Stephen Matthew Feldman
Faculty Articles
Did the Constitution create a laissezfaire governmentmarket system This question is crucial to constitutional jurisprudence today Conservatives often assert that originalism is the best or only method of legitimate constitutional interpretation Originalism supposedly requires judges to uphold either the original public meaning of the Constitution or the Framers intentions On the Roberts Court Justices Scalia and Thomas are avowed originalists though the other conservative Justices are not averse to invoking originalist arguments or joining originalist opinions Empirical studies show that the Roberts Court because of its conservatives is the most probusiness Court since World War II Both of these judicial …
Fighting The Tofu: Law And Politics In Scholarship And Adjudication, Stephen Matthew Feldman
Fighting The Tofu: Law And Politics In Scholarship And Adjudication, Stephen Matthew Feldman
Faculty Articles
Law professors and political scientists often aim to deny control or otherwise tame the dynamic interactions of law and politics that are integral to adjudication The University of Chicago Law Review recently published an issue containing two such articles Charles L Barzuns Impeaching Precedent and Eric A Posner and Adrian Vermeules Inside or Outside the System Both articles sought to police the boundary between law and politics between the internal and external The two articles however struggled to reach that shared goal in strikingly different and ultimately irreconcilable ways both of which were unavailing And that is my point the …
Caregiver Training In Mindfulness-Based Positive Behavior Supports (Mbpbs): Effects On Caregivers And Adults With Intellectual And Developmental Disabilities, Nirbhay N. Singh, Giulio E. Lancioni, Bryan T. Karazsia, Rachel E. Myers
Caregiver Training In Mindfulness-Based Positive Behavior Supports (Mbpbs): Effects On Caregivers And Adults With Intellectual And Developmental Disabilities, Nirbhay N. Singh, Giulio E. Lancioni, Bryan T. Karazsia, Rachel E. Myers
Faculty Articles
Caregivers often manage the aggressive behavior of individuals with intellectual and developmental disabilities that reside in community group homes. Sometimes this results in adverse outcomes for both the caregivers and the care recipients. We provided a 7-day intensive Mindfulness-Based Positive Behavior Support (MBPBS) training to caregivers from community group homes and assessed the outcomes in terms of caregiver variables, individuals’ behaviors, and an administrative outcome. When compared to pre-MBPBS training, the MBPBS training resulted in the caregivers using significantly less physical restraints, and staff stress and staff turnover were considerably reduced. The frequency of injury to caregivers and peers caused …
Study Of Π^{0} Pair Production In Single-Tag Two-Photon Collisions, M. Masuda Et Al., D. Joffe
Study Of Π^{0} Pair Production In Single-Tag Two-Photon Collisions, M. Masuda Et Al., D. Joffe
Faculty Articles
We report a measurement of the differential cross section of π0 pair production in single-tag two-photon collisions, γ∗γ→π0π0, in e+e− scattering. The cross section is measured for Q2 up to 30 GeV2, where Q2 is the negative of the invariant mass squared of the tagged photon, in the kinematic range 0.5 GeV
Reconciling Ag-Star Formation, The Soltan Argument, And Meier's Paradox, David Garofalo, Matthew I. Kim, Damian J. Christian, Emily Hollingworth
Reconciling Ag-Star Formation, The Soltan Argument, And Meier's Paradox, David Garofalo, Matthew I. Kim, Damian J. Christian, Emily Hollingworth
Faculty Articles
We provide a theoretical context for understanding the recent work of Kalfountzou et al. showing that star formation is enhanced at lower optical luminosity in radio-loud quasars. Our proposal for coupling the assumption of collimated FRII quasar-jet-induced star formation with lower accretion optical luminosity also explains the observed jet power peak in active galaxies at higher redshift compared to the peak in accretion power, doing so in a way that predicts the existence of a family of radio-quiet active galactic nuclei associated with rapidly spinning supermassive black holes at low redshift, as mounting observations suggest. The relevance of this work …
A Hundred Years Of Excellence: But Is The Past Prologue? Reflections On The Pennsylvania Workers' Compensation Act, Michael C. Duff
A Hundred Years Of Excellence: But Is The Past Prologue? Reflections On The Pennsylvania Workers' Compensation Act, Michael C. Duff
Faculty Articles
This article repeats themes advanced in my address to the PBA Workers' Compensation Law Section on October 7 2015 as part of its centennial commemoration of the state's workers' compensation statute The workers' compensation statutes of Pennsylvania and of most other states emerged out of a remarkable period of cooperation between employers employees insurers and progressive reformers The statutes have been surprisingly durable surviving for more than a century and there is good reason to celebrate their effectiveness in remedying the scourge of workplace injury On that point Judge Torrey and I agree The workers' compensation statutes did not appear …
Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff
Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff
Faculty Articles
Privatization of public law dispute resolution in workplaces has been under intense scrutiny in the context of arbitration Another kind of workplace dispute privatization is presently underway or under serious consideration in several states In connection with state workers' compensation statutes one state has implemented and others are considering a dispute resolution model in which employers are explicitly authorized to opt out of coverage ÔÇ£Alternative benefit plansÔÇØ created under such statutes permit employers to among other things unilaterally and without limitation designate private factfinders whose conclusions are subject to highly deferential judicial review This model is arbitration on steroids While …
Reflective Ethical Decision: A Model For Ethics In Accounting Education, Sandria S. Stephenson
Reflective Ethical Decision: A Model For Ethics In Accounting Education, Sandria S. Stephenson
Faculty Articles
This conceptual paper describes a Reflective Ethical Decision Model (REDM), which uses the underpinnings of philosophical humanism in collaboration with self-directed learning to help students determine and design their own personal model construct of ethical values. This model analyzes the necessary ingredients for applying ethics in accounting and business education and offers a hands-on pedagogical approach to the ethics curriculum. It is an illustration students can use to reflect on personal orientations toward ethical behavior and lifelong values. The rationale for proffering such an approach is the notion that the operational orientations that guide human behavior are not fully developed …
Debate 2016: To Tpp Or Not Tpp? Should The U.S. Join The Trans-Pacific Partnership And Other International Trade Agreements?, Julian Ku, Raj Bhala, Robert L. Howse, Simon Lester, Marley Weiss
Debate 2016: To Tpp Or Not Tpp? Should The U.S. Join The Trans-Pacific Partnership And Other International Trade Agreements?, Julian Ku, Raj Bhala, Robert L. Howse, Simon Lester, Marley Weiss
Faculty Articles
Panel discussion given at Debate 2016 Symposium conducted at the Maurice A. Deane School of Law, Hempstead, New York. Transcribed by Haley Trust, Journal of International Business and Law. The TPP is an international trade agreement between twelve Pacific Rim nations including the United States. The other nations that'll join the TPP are Japan, Malaysia, Vietnam, Singapore, Brunei, Australia, New Zealand, Canada, Mexico, Chile, and Peru. Combined, the economies of these countries in the TPP have a combined population of eight hundred million people and comprise of about forty percent of the world's economy. Negotiations for the TPP have been …
Location Savings And Segmented Factor Input Markets: In Search Of A Tax Treaty Solution, Mitchell A. Kane
Location Savings And Segmented Factor Input Markets: In Search Of A Tax Treaty Solution, Mitchell A. Kane
Faculty Articles
This article is about a fairly discrete issue of topical importance demanding immediate attention, but is also about a much more open-ended problem that will likely take many years to resolve. The discrete issue is: What is the appropriate way to handle so-called “location savings” under arm’s length transfer pricing? Specifically, when an affiliate realizes cost savings specific to its local market, to what extent should its compensation under an arm’s length standard reflect such savings? Should the affiliate earn some premium to reflect the cost savings it is contributing to the overall enterprise? The longerrange problem relates to how …
Dreadlocked, Peggy C. Davis
Dreadlocked, Peggy C. Davis
Faculty Articles
Many are eager to celebrate the Obergefell decision as a civil rights—and, indeed, a human rights—victory. Others, like Professor Franke, are reluctant to celebrate Obergefell because celebrating the right to marry lends legitimacy to an institution that is patriarchal, puritanical, a tool for policing intimate conduct, and a tool for the degradation of non-conforming lifestyles. I observe the debate between eager and reluctant celebrants with the strong feeling that both sides are right: We should celebrate loudly and with confidence, but we should take care to do so in ways that further the cause of human freedom and dignity, rather …
Less Restrictive Alternatives In Antitrust Law, C. Scott Hemphill
Less Restrictive Alternatives In Antitrust Law, C. Scott Hemphill
Faculty Articles
Antitrust courts often confront “mixed” conduct that has two contrasting effects, one harmful and the other beneficial. For example, a nationwide agreement not to pay college football players harms the players while benefiting fans of amateur sports. An important tool for analyzing mixed conduct is to compare the action to a hypothesized alternative and to ask whether the alternative action is “less restrictive” and hence less harmful. The less restrictive alternative (LRA) test is used widely, from the rule of reason to mergers to monopolization. The test often assumes a particular, narrow form, that the alternative must be dominant: not …
The Mutual Dependency Of Force And Law In American Foreign Policy, Richard A. Epstein, Mario Loyola
The Mutual Dependency Of Force And Law In American Foreign Policy, Richard A. Epstein, Mario Loyola
Faculty Articles
A successful American grand strategy requires a close integration of international and domestic institutions and practices. This Essay explores the vital interdependence of grand strategy and law, both international and domestic. First, it asks how the United States should formulate its foreign policy strategy by pointing to the three primary components that must be deployed in tandem to forge a successful American foreign policy—persuasion, inducements, and force. Second, this Essay shows that in light of the distribution of powers between the president and Congress, and within the executive branch, the execution of that strategy requires a high level of bipartisan …
Blurred Lines: Public School Reforms And The Privatization Of Public Education, Erika K. Wilson
Blurred Lines: Public School Reforms And The Privatization Of Public Education, Erika K. Wilson
Faculty Articles
This Article critically examines the rise of market-based public school reforms. It argues that market-based public school reforms result in quality public education being normatively conceptualized and treated as what political economists call a private good rather than a public good. While public education is admittedly not a pure public good, it is widely recognized as a quasi or impure public good that benefits society as a whole in many ways. Yet market-based public school reforms situate public education as a private good by diminishing public education’s ability to truly bring positive externalities to society as a whole. They do …
Presidential Intelligence, Samuel J. Rascoff
Presidential Intelligence, Samuel J. Rascoff
Faculty Articles
When scholars — especially legal academics — talk about intelligence oversight, they typically have in mind a set of processes and institutions designed to deter and detect illegality and abuse. In this Article, I focus on another sense of intelligence oversight and a different institutional actor capable of providing it. The kind of oversight that I describe and endorse is distinguished by its concern with promoting effective intelligence collection while seeking to minimize a wide range of costs, including diplomatic blowback, economic harm to American firms, and intrusiveness that threatens privacy rights. The institution that has begun to furnish this …
Economic Espionage As Reality Or Rhetoric: Equating Trade Secrecy With National Security, Rochelle C. Dreyfuss, Orly Lobel
Economic Espionage As Reality Or Rhetoric: Equating Trade Secrecy With National Security, Rochelle C. Dreyfuss, Orly Lobel
Faculty Articles
In the last few years, the Economic Espionage Act (EEA), a 1996 statute that criminalizes trade secrecy misappropriation, was amended twice, once to increase the penalties and once to expand the definition of trade secrets and the types of behaviors that are illegal. Recent developments also reveal a pattern of expansion in investigation, indictments, and convictions under the EEA as well as the devotion of large resources by the FBI and other agencies to warn private industry against the global threats of trade secret theft. At the international level, the United States government has been advocating enhanced levels of trade …
The "Constitution Of Opportunity" In Politics And In The Courts, Cynthia Estlund
The "Constitution Of Opportunity" In Politics And In The Courts, Cynthia Estlund
Faculty Articles
Here is a proposition that most American progressives today would endorse: Widely shared economic opportunity and a broad middle class flanked by neither an underclass nor an oligarchic overclass are essential to the health of our polity. Joseph Fishkin and William Forbath, in their book in progress, are brilliantly excavating a once-powerful, mostly forgotten vein of constitutional thought that so held. What has been mostly forgotten, and what Fishkin and Forbath hope to revive, is precisely the constitutional import of issues of political economy—of economic inequality, mobility, and opportunity. The forgetting is part of what they are up against in …
Overseeing Agency Enforcement, Rachel E. Barkow
Overseeing Agency Enforcement, Rachel E. Barkow
Faculty Articles
A big part of what agencies do — indeed, the core of their executive power—is law enforcement. Whether it is a statute or an agency regulation, agencies make sure that individuals and entities comply with the law. In the case of some agencies, such as prosecutors’ offices or police departments, all they do is law enforcement; they do not possess rulemaking or judicial powers. Even for agencies that possess an array of powers, including rulemaking, enforcement is typically a core part of successfully achieving their statutory mission. Agency authorizing statutes typically give the agency broad discretion to set enforcement policies …
Appellate Deference In The Age Of Facts, Kenji Yoshino
Appellate Deference In The Age Of Facts, Kenji Yoshino
Faculty Articles
This Article explores the question of how much appellate deference is due to “legislative” facts, or broad social facts about the world, established by the district courts. While it is axiomatic that “adjudicative” facts—which are the “whodunit” facts specific to a case—receive clear error deference on appeal, the Supreme Court has yet to address the degree of deference due to legislative facts. While the dominant view among appellate courts is that legislative facts should only receive de novo review, the practice of the courts has in actuality been much more fitful and inconsistent. The standard may be unsettled in part …
Magna Carta For The World? The Merchants' Chapter And Foreign Capital In The Early American Republic, Daniel J. Hulsebosch
Magna Carta For The World? The Merchants' Chapter And Foreign Capital In The Early American Republic, Daniel J. Hulsebosch
Faculty Articles
This Article examines the early modern revival and subtle transformation in what is here called the merchants’ chapter of Magna Carta and then analyzes how lawyers, judges, and government officeholders invoked it in the new American federal courts and in debates over congressional power. In the U.S. Supreme Court in the early 1790s, a British creditor and an American State debated the meaning and applicability of the merchants’ chapter, which guaranteed two rights to foreign merchants: free entry and exit during peacetime, without being subjected to arbitrary taxes; and, in wartime, the promise that their persons and goods would not …
Living To Fight Another Day: Judicial Deferral In Defense Of Democracy, Rosalind Dixon, Samuel Issacharoff
Living To Fight Another Day: Judicial Deferral In Defense Of Democracy, Rosalind Dixon, Samuel Issacharoff
Faculty Articles
Even many years after Marbury v. Madison, and even in the face of the spread of aggressive constitutional court review in democracies around the world, the ability of courts to assert their authority against the political branches continues to demand explanation. Especially in newly minted democracies, and most so in countries emerging from authoritarian rule, how courts can engage the misuse of state power remains a bit of a mystery. This Article examines the hitherto under-studied phenomenon of judicial deferral as providing some insight into how courts acquire the institutional capacity to engage in robust judicial review and, in particular, …
Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran
Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran
Faculty Articles
Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights? This Piece argues that one explanation—or at least partial explanation—for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Piece, popular media portrayals of lesbian and gay individuals have proliferated, broadening the …
Neuroscience And The Civil/Criminal Daubert Divide, Erin E. Murphy
Neuroscience And The Civil/Criminal Daubert Divide, Erin E. Murphy
Faculty Articles
In the modern constitutionalist tradition, the concept of constituent power imagined to be held by “We the People” is widely held to be foundational for the legitimate authority of constitutions. There is, however, a jurisprudentially questionable structural nationalist/statist as well as voluntarist/positivist character in the way that “We the People” as constituent power is predominantly conceptualized in the modern tradition. I will contrast this modern understanding with a different, revised understanding of constituent power as an integral part of a revised understanding of constitutionalism. That revised understanding is both cosmopolitan and post-positivist, even if sovereign states and positive law remain …
Rights And Regulation: The Evolution Of Sexual Regulation, Melissa Murray
Rights And Regulation: The Evolution Of Sexual Regulation, Melissa Murray
Faculty Articles
Since it was decided in 2003, Lawrence v. Texas has underwritten the effort to expand access to marriage to same-sex couples. It is curious that Lawrence has served as a foundation for same-sex marriage. After all, Lawrence was not a case about marriage—samesex or otherwise. Instead, Lawrence was a case about criminal sex and more specifically about limiting the state’s authority to regulate and punish nonmarital sex and sexuality. In short, Lawrence was a case about sexual liberty. The focus on Lawrence as a way station to samesex marriage has allowed us to overlook a developing threat to Lawrence’s values …
Where's The Fire?, Burt Neuborne
Where's The Fire?, Burt Neuborne
Faculty Articles
Part I of this article provides a snapshot of the current state of free speech protection, briefly noting the seminal cases, and summarizing free speech jurisprudence since the emergence of modern strict scrutiny in Brandenburg, Cohen v. California, and Texas v. Johnson. Part II reviews the speech-protective rules—both facial and as applied—that First Amendment lawyers like me routinely invoke in modern free speech cases. Part III briefly describes the five First Amendment procedural corollaries and the seminal cases in which the Court first recognized them. I argue that, given the purpose for which they were created, the procedural corollaries, especially …
On Aiding Technological Development: The Max Planck Declaration On Patent Protection, Rochelle C. Dreyfuss, Esteban Donoso
On Aiding Technological Development: The Max Planck Declaration On Patent Protection, Rochelle C. Dreyfuss, Esteban Donoso
Faculty Articles
The Declaration on Patent Protection is a welcome addition to the Max Planck Institute’s work on the flexibilities available under the TRIPS Agreement. Like the previously published Copyright Declaration, it improves on the WTO’s interpretations of the three-part open-ended exceptions provisions of the TRIPS Agreement. Furthermore, it attempts to clarify the other regulatory options that are retained under TRIPS. Here, we contend, the Declaration makes three mistakes. First, its aggressive interpretations of certain provisions undermine its credibility, making it a less useful resource than a document prepared by such notable scholars might be. Second, the options, if adopted in toto, …
Little Citizens And Their Families, Peggy C. Davis
Little Citizens And Their Families, Peggy C. Davis
Faculty Articles
Professor Davis comments on the usefulness of the concept of human dignity in calibrating governments’ and families’ competing authority over, and complementary duty towards, their children.
The Administrative State And The Common Law: Regulatory Substitutes Or Complements?, Catherine M. Sharkey
The Administrative State And The Common Law: Regulatory Substitutes Or Complements?, Catherine M. Sharkey
Faculty Articles
The modern administrative state looms larger than ever, and grows at an ever-accelerating pace. Federal agencies have proliferated in virtually every significant regulatory domain. U.S. government spending on federal regulatory activity in 2014 is estimated to have been $49.8 billion. Federal agencies now employ approximately 284,000 people, and the Code of Federal Regulations now weighs in at over 175,000 pages. Not everyone is pleased with these developments. Four such individuals—Chief Justice Roberts, Justices Thomas, Alito, and the late Justice Scalia—have expressed their displeasure, indeed their alarm, with consistency, clarity, and vigor. They warn that the rise of administrative agencies, and …