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Brandenburg And The United States War On Incitement Abroad: Defending A Double Standard, Lyrissa Lidsky Jan 2002

Brandenburg And The United States War On Incitement Abroad: Defending A Double Standard, Lyrissa Lidsky

Faculty Publications

While it is perfectly legitimate for the United States to attempt to persuade foreign citizens and media not to engage in advocacy of violent acts, the administration's rhetoric suggests that the United States expects foreign governments to take action against speech that would be protected by the First Amendment in the United States. What explains this apparent hypocrisy? Is this simply another example of the United States touting democracy at home while supporting despotism abroad? Or is the Brandenburg incitement standard so socially and culturally contingent that it is not appropriate for export, at least to the Arab Middle East? …

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Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck Jan 2002

Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck

Faculty Publications

First, charitable choice imposes on both government and participating faith-based organizations (FBOs) the duty to not abridge certain enumerated rights of the ultimate beneficiaries of these welfare programs. Second, the statute imposes on government the duty to not intrude into the institutional autonomy of faith-based providers. Third, the statute reinforces the government's duty to not discriminate with respect to religion when determining the eligibility of private-sector providers to deliver social services.

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Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande Jan 2002

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande

Faculty Publications

This article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining important interests of key stakeholder groups, including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their …

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A Fugitive Thread: The Production Of Subjectivity In Marx, Jason Read Phd Jan 2002

A Fugitive Thread: The Production Of Subjectivity In Marx, Jason Read Phd

Faculty Publications

No abstract provided.

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Performance Limits Of Labriform Propulsion And Correlates With Fin Shape And Motion, Jeffrey A. Walker Phd, Mark W. Westneat Jan 2002

Performance Limits Of Labriform Propulsion And Correlates With Fin Shape And Motion, Jeffrey A. Walker Phd, Mark W. Westneat

Faculty Publications

Labriform locomotion, which is powered by oscillating the paired pectoral fins, varies along a continuum from rowing the fins back and forth to flapping the fins up and down. It has generally been assumed (i) that flapping is more mechanically efficient than rowing, a hypothesis confirmed by a recent simulation experiment, and (ii) that flapping should be associated with wing-shaped fins while rowing should be associated with paddle-shaped fins, To determine whether these hypotheses and the results of the simulation experiment are consistent with natural variation, we compared the steady swimming performance (critical swimming speed) of four species of labrid …

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Picking Up The Pieces After Alexander V. Sandoval? Resurrecting A Private Cause Of Action For Disparate Impact, Derek W. Black Jan 2002

Picking Up The Pieces After Alexander V. Sandoval? Resurrecting A Private Cause Of Action For Disparate Impact, Derek W. Black

Faculty Publications

The Supreme Court in Alexander v. Sandoval limited plaintiffs' ability to challenge racially inequality and discrimination through lawsuits. The Court held that plaintiffs could no longer bring private causes of action for racially disparate impact under federal regulations. This article analyzes that holding and its detrimental impact on minority communities. The article proposes alternative theories under which plaintiffs' can continue to bring their claims and minimize the impact of the Court's holding.

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Criminal Speech And The First Amendment, Benjamin Means Jan 2002

Criminal Speech And The First Amendment, Benjamin Means

Faculty Publications

No abstract provided.

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Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino Jan 2002

Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

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Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss Jan 2002

Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss

Faculty Publications

Introduction to the symposium on Bjorn Lomborg's "The Skeptical Environmentalist" Cleveland, Ohio, 2002.

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The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf Jan 2002

The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf

Faculty Publications

There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.

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Insubstantial Questions And Federal Jurisdiction, Jonathan L. Entin Jan 2002

Insubstantial Questions And Federal Jurisdiction, Jonathan L. Entin

Faculty Publications

This article seeks to clear up the confusion over "substantial federal questions." Part I provides an overview of the Supreme Court's jurisdiction, distinguishing between appeal and certiorari. Part II examines the precedential weight of the Court's summary dispositions, contrasting summary disposition of appeals with denials of certiorari. Part III explains why the suggestions that the lower courts lack jurisdiction over cases presenting issues in which the Supreme Court has dismissed appeals "for want of a substantial federal question" are mistaken.

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Imagine: A Comment On "A Liberal Education In Law", Melody Richardson Daily Jan 2002

Imagine: A Comment On "A Liberal Education In Law", Melody Richardson Daily

Faculty Publications

While I was impressed with Professor Parker's paper for many reasons, to me her single most striking assertion is this: "Practicing law--and learning law-is at heart an imaginative enterprise."' It is a sentence that should be carved above the entrance to every law school. Few practicing attorneys would disagree with Professor Parker's observation. After all, if imagination is the ability to deal creatively with reality, then imagination is essential for each of the ten fundamental lawyering skills listed in the MacCrate Report. For example, no lawyer can succeed in problem-solving without first engaging in the process of imagining multiple possible …

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Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii Jan 2002

Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii

Faculty Publications

For most of us, the collapse of the World Trade Center towers exists at the outermost edge of human comprehension. Even after one visits Ground Zero, the events of 9/11 retain a surreal quality, invoking feelings beyond words as one tries to contemplate losses immeasurable with numbers. Indeed, the insurance losses are insignificant when compared to the human tragedies caused by the terrorist attacks-and in insurance terms, we witnessed the most costly, complex events to transpire in a single day in the history of the planet. Many years will pass before all the insurance ramifications of 9/11 are sorted out.

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A Decade Of Considerable Significance - Late-Ming Factionalism In The Making, 1583-1593, Jie Zhao Jan 2002

A Decade Of Considerable Significance - Late-Ming Factionalism In The Making, 1583-1593, Jie Zhao

Faculty Publications

No abstract provided.

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Troponin-Tropomyosin: An Allosteric Switch Or A Steric Blocker?, Andrea M. Resetar, Jacqueline M. Stephens, Joseph M. Chalovich Jan 2002

Troponin-Tropomyosin: An Allosteric Switch Or A Steric Blocker?, Andrea M. Resetar, Jacqueline M. Stephens, Joseph M. Chalovich

Faculty Publications

The interaction of myosin subfragment 1 (S1) with actin-tropomyosin-troponin (regulated actin) is highly nucleotide dependent. The binding of S1 or S1-ADP (but not S1-ATP nor N,N′-ρ-phenylenedimaleimide-modified S1-ATP) to regulated actin activates ATP hydrolysis even in the absence of Ca2+. Investigations with S1 and S1-ADP have led to the idea that some actin sites are directly blocked toward the binding of S1 either by tropomyosin or troponin. The blocked state is thought to occur only at ionic strengths greater than 50 mM. The question is whether nonactivating S1 binding is blocked under the same conditions. We show that troponin inhibits binding …

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Capacitative Calcium Entry Mechanism In Porcine Oocytes, Zoltán Macháty, Jagdeece J. Ramsoondar, Aaron J. Bonk, Kenneth R. Bondioli, Randall S. Prather Jan 2002

Capacitative Calcium Entry Mechanism In Porcine Oocytes, Zoltán Macháty, Jagdeece J. Ramsoondar, Aaron J. Bonk, Kenneth R. Bondioli, Randall S. Prather

Faculty Publications

The presence of the capacitative Ca2+ entry mechanism was investigated in porcine oocytes. In vitro-matured oocytes were treated with thapsigargin in Ca2+-free medium for 3 h to deplete intracellular calcium stores. After restoring extracellular calcium, a large calcium influx was measured by using the calcium indicator dye fura-2, indicating capacitative Ca2+ entry. A similar divalent cation influx could also be detected with the Mn2+-quench technique after inositol 1,4,5-triphosphate-induced Ca2+ release. In both cases, lanthanum, the Ca2+ permeable channel inhibitor, completely blocked the influx caused by store depletion. Heterologous expression of Drosophila trp in porcine oocytes enhanced the thapsigargin-induced Ca2+ influx. …

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An Indirect Elisa To Detect The Serologic Response Of Elk (Cervus Elaphus Nelsoni) Inoculated With Brucella Abortus Strain Rb51, Lesley A. Colby, Gerhardt G. Schurig, Philip H. Elzer Jan 2002

An Indirect Elisa To Detect The Serologic Response Of Elk (Cervus Elaphus Nelsoni) Inoculated With Brucella Abortus Strain Rb51, Lesley A. Colby, Gerhardt G. Schurig, Philip H. Elzer

Faculty Publications

An indirect enzyme-linked immunosorbent assay (ELISA) was developed to identify elk (Cervus elaphus nelsoni) with Brucella abortus strain RB51 (RB51)-specific antibodies using a mouse monoclonal antibody specific for bovine IgG1. This test was relatively easy to perform, accurate, and easily reproducible; therefore it could be standardized for use between laboratories. In addition, we attempted to compensate for inherent variabilities encountered when comparing ELISA readings from multiple samples taken from many animals over time. Optical density (OD) readings for each sample were converted into a percent positivity value for analysis. A negative cutoff value was determined above which a sample was …

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Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii Jan 2002

Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii

Faculty Publications

Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September …

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Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise, Frank O. Bowman Iii, Michael Heise Jan 2002

Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise, Frank O. Bowman Iii, Michael Heise

Faculty Publications

This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000.

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The Uniform Trust Code (2000) And Its Application To Ohio, David M. English Jan 2002

The Uniform Trust Code (2000) And Its Application To Ohio, David M. English

Faculty Publications

This article provides an overview of the U.T.C., focusing on how its enactment would change existing Ohio law. The drafting of the U.T.C. was prompted by the much greater use of trusts in recent years. This greater use of the trust and consequent rise in the number of day-to-day questions involving trusts led to a recognition by the Commissioners that the trust law in most states is thin, leaving many gaps between the often few statutes and reported cases

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The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck Jan 2002

The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck

Faculty Publications

The opening phrase of the First Amendment to the U.S. Constitution provides, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The free exercise clause functions as an individual right with its purpose being to forestall personal religious harm. Its underlying principle is that in religious matters a person ought to be free of coercion caused by the government and thereby not made to suffer for cause of conscience. The function of the establishment clause is altogether different, for its purpose is to restrain government from using its powers to act on matters …

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Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer Jan 2002

Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer

Faculty Publications

The liability of suppliers of raw materials and component parts for harm caused by the product into which the materials have been incorporated poses difficult questions. When the raw material or component part is clearly defective, there is no question that the supplier is liable. Thus, where an ingredient in processed food is contaminated or where a truck tire has a flaw that causes a blowout, the supplier of the ingredient or the tire is liable. The difficult questions arise where the components are not inherently defective, but the finished product is defective because it lacks a safety feature or …

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Spouses Need Not Apply: The Legality Of Antinepotism And No-Spouse Rules , Rafael Gely, Timothy D. Chandler, Jack Howard, Robin Cheramie Jan 2002

Spouses Need Not Apply: The Legality Of Antinepotism And No-Spouse Rules , Rafael Gely, Timothy D. Chandler, Jack Howard, Robin Cheramie

Faculty Publications

We begin this analysis in Part II with a brief discussion of employment policies that have been adopted to meet the unique needs of working families. Interestingly, these practices often exist contemporaneously with policies that restrict employment opportunities for dual-earner couples, namely antinepotism and no-spouse rules. In Part III, we present the results of our comprehensive analysis of case law in this area to show the nature of legal challenges to antinepotism and no-spouse rules and how they have been decided by the courts. In Part IV, we describe the legislative framework under which MSD claims have been raised and …

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New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of 3604, Rigel C. Oliveri, Robert G. Schwemm Jan 2002

New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of 3604, Rigel C. Oliveri, Robert G. Schwemm

Faculty Publications

This Article argues that § 3604(c) is applicable in virtually every sexual harassment case involving housing and that its applicability means the FHA can be a more effective statute for attacking sexual harassment than Title VII. Part I reviews the law governing sexual harassment in housing, including the role that Title VII precedents have had in shaping this law. Part II shows how § 3604(c) goes further than its Title VII counterpart in prohibiting statements that are often at the heart of a sexual harassment claim and identifies some specific situations in which § 3604(c) may be helpful in challenging …

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The Role Of Jury In Modern Malpractice Law, Philip G. Peters Jr. Jan 2002

The Role Of Jury In Modern Malpractice Law, Philip G. Peters Jr.

Faculty Publications

This article explores the policy issues raised by the choice between a custom-based standard of care and a jury-determined reasonability standard. The author examines not only traditional legal arguments but also the recent findings of cognitive psychology, jury performance studies, and health industry research. Not surprisingly, this analysis reveals that both options are imperfect. However, the author cautiously recommends the reasonable physician standard. The revolutionary transformation of the health care industry in last quarter of a century has transferred considerable power from physicians to the health insurance industry, an industry that has not yet earned the privilege of self-regulation. Unlike …

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Are We There Yet? The Case For A Uniform Electronic Recording Act, Dale A. Whitman Jan 2002

Are We There Yet? The Case For A Uniform Electronic Recording Act, Dale A. Whitman

Faculty Publications

To implement digital recording, a confluence of several factors is necessary: political will on the part of the public officials involved (recorders and their political masters, usually county commissioners or supervisors), legal authority, and budgets adequate to the task. Without all of these factors, little progress is likely.

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Fighting Fire With Fire: A Reflection On The Ethics Of Clarence Darrow, Gerald F. Uelmen Jan 2002

Fighting Fire With Fire: A Reflection On The Ethics Of Clarence Darrow, Gerald F. Uelmen

Faculty Publications

No abstract provided.

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Interracial Intimacy And The Potential For Social Change, Stephanie M. Wildman Jan 2002

Interracial Intimacy And The Potential For Social Change, Stephanie M. Wildman

Faculty Publications

In her review essay Interracial Intimacy and the Potential for Social Change, Stephanie Wildman examines Interracial Intimacy: The Regulation of Race and Romance by Rachel F. Moran. Moran's book investigates the so-called private landscape of race in the context of interracial intimacy. Moran urges the connection between our personal, private views of race and racial issues and the policy decisions society makes in the public realm. Moran explores historic antimiscegenation laws and their role in establishing societal norms and customs, the significance of race in daily life, the legal decisions leading to Loving v. Virginia, and the role of race …

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Interspousal Tort Immunity And Insurance "Family Member Exclusions": Shared Assumptions, Relational And Liberal Feminist Challenges, Jennifer Wriggins Jan 2002

Interspousal Tort Immunity And Insurance "Family Member Exclusions": Shared Assumptions, Relational And Liberal Feminist Challenges, Jennifer Wriggins

Faculty Publications

Interspousal tort immunity persists de facto through the mechanism of private insurance, the article explains. Although interspousal tort immunity has been eliminated as a doctrinal matter, it endures as a reality. Liability insurance is inseparable from tort liability and drives the tort litigation system in this as well as other contexts. The insurance family member exclusion and the insurance intentional acts exclusion operate together to ensure that interspousal tort claims such as domestic violence tort claims will not be brought. These are reasonably considered to be gender-specific harms and the exclusion of them from tort compensation is a failing of …

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Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica Jan 2002

Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica

Faculty Publications

The new provisions in Revised Article 9 both reflects the drafters’ decision to enhance secured creditors’ rights, but also includes myriad provisions designed to facilitate securitization transactions. Because bankruptcy law looks to state law (specifically Article 9) to determine the rights of creditors and transferees with respect to personal property, changes to Article 9 are in effect, changes to bankruptcy law. The question raised by the changes to Article 9 is whether these changes are consistent with our historical understanding of bankruptcy policy.

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