Digital Commons Network^™

The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Jonathan H. Adler

Faculty Publications

This Article is the first academic paper to systematically consider the environmental impact of the Supreme Court's decision in Kelo v. City of New London and of economic development condemnations more generally. Kelo upheld economic development takings - condemnations that transfer property from one private owner to another solely on the ground that doing so might improve the local economy or increase tax revenue. The decision stands in sharp contrast to the Michigan Supreme Court's ruling in County of Wayne v. Hathcock, which forbade the use of eminent domain for economic development.

Part I briefly explains the rationales of the …

Free And Green: A New Approach To Environmental Protection, Jonathan H. Adler

Faculty Publications

Most Americans consider themselves environmentalists, yet most experts are dissatisfied with existing environmental regulations, which are both inefficient and inequitable. Worse, many don't serve environmental goals. This article outlines an alternative approach to environmental policy based on market institutions and property rights rather than central-planning and bureaucratic control. The aim is both to improve environmental protection and lessen the costs ? Economic and otherwise ? Of achieving environmental goals. It seeks to ensure that Americans' environmental values are advanced without sacrificing the individual liberties the American government was created to protect.

The problem with current regulatory approaches is not merely …

The Constitutional Right To Make Medical Treatment Decisions: A Tale Of Two Doctrines, B. Jessie Hill

Faculty Publications

The Supreme Court has taken very different approaches to the question whether individuals have a right to make autonomous medical treatment choices, depending on the context. For example, in cases concerning the right to choose ¿partial-birth¿ abortion and the right to use medical marijuana, the Supreme Court reached radically different results, based on radically different reasoning.

More recent developments, including last Term's decision in Gonzales v. Carhart, have only highlighted the doctrinal confusion and the need for a resolution. In light of this pressing need, the goal of this Article is to view all of the constitutional cases touching on …

Understanding Waiver, Jessica Wilen Berg

Faculty Publications

Waiver plays a role in numerous areas of law, yet no one has attempted to provide a unifying theory of waiver, explaining why some rights cannot be waived and why courts and legislatures have set different standards for the validity of waivers in different circumstances. This article proposes that maximization of autonomy functions as an underlying goal of our legal system generally, and thus the concept of autonomy provides a basis for understanding waivers. It analyzes autonomy in some detail and offers an evaluative framework that functions both descriptively and normatively across different legal areas. There are two senses of …

Ethics And E-Medicine, Jessica Wilen Berg

Faculty Publications

The computer revolution has had enormous effect on all aspects of the practice of medicine from scheduling and billing, to treatments, to research and beyond. This article focuses on the impact of new internet technologies on relationships between physicians and patients. These forms e-medicine may be utilized outside the confines of a pre-existing relationship, and thus have the potential to replace rather than merely augment traditional medical care. They change the setting and nature of the physician-patient relationship and thereby alter how medicine is practiced.

Initial discussions of this issue implied that e-medicine was problematic because it failed to create …

Regulation Of Cytoplasmic Dynein Atpase By Lis1, Mariano T. Mesngon, Cataldo Tarricone, Sachin Hebbar, Aimee Guillotte, E. William Schmitt, Lorene Lanier, Andrea Musacchio, Stephen J. King, Deanna S. Smith

Faculty Publications

Mutations in Lis1 cause classical lissencephaly, a developmental brain abnormality characterized by defects in neuronal positioning.Over the last decade, a clear link has been forged between Lis1 and the microtubule motor cytoplasmic dynein. Substantial evidenceindicates that Lis1 functions in a highly conserved pathway with dynein to regulate neuronal migration and other motile events. Yeasttwo-hybrid studies predict that Lis1 binds directly to dynein heavy chains (Sasaki et al., 2000; Tai et al., 2002), but the mechanistic significance of this interaction is not well understood. We now report that recombinant Lis1 binds to native brain dynein and significantly increases the microtubule-stimulated enzymatic …

Constructing Competence: Formulating Standards Of Legal Competence To Make Medical Decisions, Jessica Wilen Berg

Faculty Publications

A young woman twenty-six weeks pregnant and dying from cancer lies heavily sedated and attached to a respirator. Is she competent to determine what life-prolonging measures should be taken, or to consent to an emergency cesarean section that may save her fetus but will probably shorten her life? A quadriplegic young man wishes to end his life and requests a court order granting immunity for the medical staff who will unhook his respirator and administer sedatives. Is he competent to choose to die? A person's competence will have implications for whether he or she is allowed to decide what type …

Wheir’S The Beef?: Buffalo Law And Taxation, Erik M. Jensen

Faculty Publications

The intersection of buffalo law and taxation hasn't been a busy one, but accidents still happen: not everyone understands that buffalo have the right of way. This article critically analyzes the recent Tax Court summary opinion in Wheir v. Commissioner, which involved a bodybuilder who sought to deduct the cost of an incredible amount of buffalo meat. Along the way, the article brings buffalo law learning up-to-date; revisits some classic, nineteenth-century buffalo law cases; and, most important, considers whether there are important differences between the American bison and American beef cattle - differences that might have relevance to American tax …

As The Pmi Turns: A Tool For The Supply Chain Manager, Matthew Lindsey, Robert Pavur

Faculty Publications

Supply chain managers use the PMI, an index of business activity and proxy for the general business cycle, to obtain valuable information important to strategic managerial planning. This research explores a methodology to provide managerial insight into the general business cycle by tracking and forecasting cycle turns in the PMI. A regression model is developed based on inherent cycles in the PMI between 12 and 65 months to forecast turning points for the index and anticipate changes in the business cycle, which is superior to the more commonly used Box-Jenkins forecasting technique. Strategic planning using this knowledge allows management to …

Critical Theory And The Loneliness Of The Tax Prof, Erik M. Jensen

Faculty Publications

This essay, prepared for a symposium on critical theory and tax law, has two goals: to suggest why feminist theory and critical race theory are spreading in taxation and to discuss some dangers of that criticism. The author evaluates three examples of the new criticism: an article on critical race theory by Professors Moran and Whitford; an article on feminist statutory interpretation by Professor Handelman; and a book, Taxing Women, by Professor McCaffery.

Tough On Scholarship, Erik M. Jensen

Faculty Publications

This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.

A Day In The Life Of S. Breckinridge Tushingham, Erik M. Jensen

Faculty Publications

This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.

The Supreme Court And The Timing Of Deductions For Accrual-Basis Taxpayers, Erik M. Jensen

Faculty Publications

This article examines the Supreme Court's two decisions in the late 1980s dealing with the timing of deductions, United States v. Hughes Properties (1986) and United States v. General Dynamics Corp. (1987), and finds those decisions wanting. Indeed, it is hard to understand why the Court exercised its discretionary jurisdiction twice in such a short period when the cases involved technicalities that seemed to overwhelm the generalist justices and when subsequent disputes with similar factual situations would be affected by statutory changes.

Hughes Properties And General Dynamics: The Supreme Court, The All Events Test, And The 1984 Tax Act, Erik M. Jensen

Faculty Publications

This article discusses United States v. Hughes Properties, a 1986 case in which the Supreme Court blessed an accrual-basis taxpayer's current deduction for amounts guaranteed as payoffs on progressive slot machines but for which no winner had yet been determined. The author notes that, had the case been governed by section 461(h) of the Internal Revenue Code, as it was amended by the 1984 Tax Reform Act, the deductions would have been deferred. He speculates about the Supreme Court's willingness to decide an issue rendered moot by subsequent legislation, and ponders the effect that the decision in Hughes Properties will …

The Deduction Of Future Liabilities By Accrual-Basis Tax­Payers: Premature Accruals, The All Events Test, And Eco­Nomic Performance, Erik M. Jensen

Faculty Publications

Written during the Paleozoic era, this article considers the timing of deductions by accrual-basis taxpayers. The article considers timing problems under pre-1984 prior law, where the benefit of a deduction for a future obligation could provide grossly inflated tax benefits; the limitations of the all events test as the sole determinant of timing; and the effect of statutory changes made by the Tax Reform Act of 1984, which require that a deduction be deferred until "economic performance" has occurred.

Forward Jet Production In Deep Inelastic Ep Scattering And Low-X Parton Dynamics At Hera, S. Chekanov, M. Derrick, S. Magill, S. Miglioranzi, B. Musgrave, J. Repond, R. Yoshida, Margarita C. K. Mattingly, N. Pavel, A. G. Yagües Molina, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, A. Margotti, A. Montanari, R. Nania, F. Palmonari, A. Pesci, A. Polini

Faculty Publications

Differential inclusive jet cross sections in neutral current deep inelastic ep scattering have been measured with the ZEUS detector using an integrated luminosity of 38.7 pb-1. The jets have been identified using the kT cluster algorithm in the longitudinally invariant inclusive mode in the laboratory frame; they have been selected with jet transverse energy, ETjet above 6 GeV and jet pseudorapidity, ηjet, between -1 and 3. Measurements of cross sections as functions of ETjet, Björken x and the photon virtuality, Q2, are presented. Three phase-space regions have been selected in order to study parton dynamics from the most global to …

Whole Genome Computational Comparative Genomics: A Fruitful Approach For Ascertaining Alu Insertion Polymorphisms, Jianxin Wang, Lei Song, M. Katherine Gonder, Sami Azrak, David A. Ray, Mark A. Batzer, Sarah A. Tishkoff, Ping Liang

Faculty Publications

Alu elements are the most active and predominant type of short interspersed elements (SINEs) in the human genome. Recently inserted polymorphic (for presence/absence) Alu elements contribute to genome diversity among different human populations, and they are useful genetic markers for population genetic studies. The objective of this study is to identify polymorphic Alu insertions through an in silico comparative genomics approach and to analyze their distribution pattern throughout the human genome. By computationally comparing the public and Celera sequence assemblies of the human genome, we identified a total of 800 polymorphic Alu elements. We used polymerase chain reaction-based assays to …

The Magnificence Of The Disaster: Reconstructing The Sony Bmg Rootkit Incident, Deirdre Mulligan, Aaron K. Perzanowski

Faculty Publications

Late in 2005, Sony BMG released millions of Compact Discs containing digital rights management technologies that threatened the security of its customers' computers and the integrity of the information infrastructure more broadly. This Article aims to identify the market, technological, and legal factors that appear to have led a presumably rational actor toward a strategy that in retrospect appears obviously and fundamentally misguided.

The Article first addresses the market-based rationales that likely influenced Sony BMG's deployment of these DRM systems and reveals that even the most charitable interpretation of Sony BMG's internal strategizing demonstrates a failure to adequately value security …

Historical Perspectives On Attitudes Concerning Death And Dying, David San Filippo Ph.D.

Faculty Publications

Beliefs and practices concerning death have changed throughout human history. In pre-modern times, death at a young age was common due to living conditions and medical practices. As medical science has advanced and helped humans live longer, attitudes and responses to death also have changed. In modern Western societies, death is often ignored or feared. Changes in lifestyles and improved medical science have depersonalized death and made it an encroachment on life instead of part of life. This has left many people ill equipped to deal with death when it touches their lives.

Religious Interpretations Of Death, Afterlife & Ndes, David San Filippo Ph.D.

Faculty Publications

This E-book reviews religious beliefs concerning death, afterlife, and near-death experiences. The discussion will provide commentary regarding the similarities between different religious beliefs and experiences concerning death, as well as between religious interpretations of near-death experiences.

Perspectives On The Fears Of Death & Dying, David San Filippo Ph.D.

Faculty Publications

This E-Book will examine some perspectives on fear, the fears of death, and constructs used to overcome or deal with the fears of death. By examining the literature on fear in general, a framework can be developed to understand how individuals become fearful. In the section, “Fears of Death,” what people fear about death and why they fear it will be discussed.

Philosophical, Psychological & Spiritual Perspectives On Death & Dying, David San Filippo Ph.D.

Faculty Publications

This Ebook reviews the philosophical perspectives on death, the psychological perspectives on death and the fears of death and some religious perspectives of death. The philosophic section will review perspectives of death from ancient Greece through modernity. The psychological section will review death, and the fear of death, from the perspectives of psychoanalytic, humanistic, and existentialist theories. The religious section will provide a brief overview of Prehistoric, African, Buddhist, Hindu, Islamic, Jewish, and Christian religious beliefs concerning death and afterlife.

The Value Of The Awareness Of Near-Death Experiences, David San Filippo Ph.D.

Faculty Publications

A principal value of Near-death experiences may be in the telling of the stories and the effect these stories have for others to reduce their fears of and concerns about death. This E-book explores the impact and value knowing about, not having a near-death experience has on those who have heard, watch, or read reports of this phenomenon.

U.S. And Romanian Executive Mba Students: A Cross-Cultural Comparison, Ernest A. Capozzoli, David E. Gundersen, Marcel Duhaneanu

Faculty Publications

Currently, there are over 260 EMBA programs worldwide with approximately 180 programs resident in the United States. The number of programs available for EMBA students has increased competition for those students. One characteristic of this increased competition between EMBA programs is the addition of global initiatives to expose students to other cultures. Part of this global initiative has resulted in alliances and the establishment of working relationships between educational institutions. To facilitate and enhance the learning experience while in an EMBA program these alliances should consider the impact culture plays in shaping student expectations. This paper addresses the question of …

Geospatial Analysis Of Southern Pine Biome And Pollen Distribution Patterns In Southeastern, I-Kuai Hung

Faculty Publications

The spatial relationship between the parent plants and the distribution of their pollen rain is extremely important for the survival and health of natural ecosystems. In our modern societies there is a continuous and extensive need for wood products, therefore, the health and productivity of the forest ecosystems should be primary concerns for practitioners and researchers. Southern yellow pine forested biomes consist of four major pine species that have been extremely important as American timber sources and as income for the lumber industry. Currently, the intensive harvesting and exploitation of southern pine forests have created a series of highly fragmented …

Sex Differences In Jealousy In Response To Actual Infidelity, John E. Edlund, Jeremy D. Heider, Cory R. Scherer, Maria-Magdalena Farc, Brad J. Sagarin

Faculty Publications

The present studies address two criticisms of the theory of evolved sex differences in jealousy: (a) that the sex difference in jealousy emerges only in response to hypothetical infidelity scenarios, and (b) that the sex difference emerges only using forced-choice measures. In two separate studies, one a paper-and-pencil survey with a student sample and the other a web-based survey targeting a non-student sample, men and women showed significant sex differences in jealousy in response to actual infidelity experiences; men experienced more jealousy in response to the sexual aspects of an actual infidelity, whereas women experienced more jealousy in response to …

Sensation Seeking In Texas Hper And Elementary Education College Students [Abstract], Deborah Buswell, G. James

Faculty Publications

No abstract provided.

The Microstructure And Grain Size Of Jet Electroplated Copper Films In Damascene Trench Features, Andrew Tzanavaras, Gregory Young, Stacy H. Gleixner

Faculty Publications

The brightening additive level and dc current density of electroplating baths are two parameters that affect the gap-filling capability and the degree of impurity incorporation in electroplated copper films. Additive incorporation can inhibit grain growth during the room temperature recrystallization process and therefore affect the final grain size. This investigation explores the grain size and microstructure of dc jet-electroplated copper films in 0.35 and 0.50μm Damascene trenches as a function of current density and brightening additive level after first receiving a high-temperature anneal. Unlike a previous study that explored these variables in blanket Cu films [ J. Electrochem. Soc. , …

Recruitment And Retention Of African Americans With Severe Mental Illness In Community Research, Michelle Hampton, Mary White, Linda Chafetz

Faculty Publications

No abstract provided.

‘Flex Your Power’: Energy Crises And The Shifting Rhetoric Of The Grid, Anne Marie Todd, A. Wood

Faculty Publications

In response to widespread power outages, rolling blackouts, and ubiquitous energy debates, this essay considers our relation to energy and the grid that produces it. First, we investigate California's multimedia Flex Your Power campaign, which defines consumers as nodes of the grid to emphasize their responsibility to maintain a stable energy supply. Second, we examine state and national responses to the 2003 blackout in the Northeastern United States, attending to three strategies through which grid administrators sought to impose order, enact hierarchy, and deindividuate power. We propose that the grid invokes personalization at the "local" level and abstraction at the …