Digital Commons Network^™

Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond

Faculty Publications

To explore this new social fracture and its challenge to the legitimacy of Anglo-American capitalism, this Article presents a case study of the attempt by the Chinese government and major Wall Street investment banks to complete an initial public offering by a major Chinese corporation. Their efforts represented a classic example of the effort to build a new global capitalist order from above without significant concern for the legitimation question. And, as we shall see, the effort was met from below with a vigorous social response. Thus, I suggest that a kind of syndrome, the PetroChina Syndrome if you will, …

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

Are The U.S. Patent Priority Rules Really Necessary?, Colleen Chien, Mark Lemley

Faculty Publications

In this Article, we study U.S. Patent and Trademark Office (“PTO”) interference proceedings and court cases in which the parties dispute who is first to invent. We find that the first person to file is usually, but by no means always, also the first to invent. In over 40% of the cases, the first to invent is last to file. We also find that the long-standing rule that discriminated against foreign inventors by requiring proof of inventive activity in the U.S. had surprisingly little effect on outcomes; that a large number of priority disputes involve near-simultaneous invention; and that the …

Of Borders, Fences And Global Environmentalism, Tseming Yang

Faculty Publications

No abstract provided.

Privilege, Gender, And The Fourteenth Amendment: Reclaiming Equal Protection Of The Laws, Stephanie M. Wildman

Faculty Publications

The United States Supreme Court's failure to understand the relationship between individuals and groups in its equal protection jurisprudence has resulted in jurisprudence that makes no sense. The Court's inability to recognize the forms of bias associated with group membership has hampered the realization of the equal protection ideal. Analyzing the Court's gender equality decisions, the author proposes another path in equal protection jurisprudence that would analyze systemic privilege, recognizing the structures of subordination and domination. Examining equal protection through a privilege lens would clarify the interrelation of individuals to groups, provide an avenue for addressing biases, and sidestep the …

Meeting Human Needs: Examining The Social Safety Net For Working America, Stephanie M. Wildman

Faculty Publications

No abstract provided.

"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman

Faculty Publications

No abstract provided.

Dying Children And Medical Research: Access To Clinical Trials As Benefit And Burden, Michelle Oberman, Joel Frader

Faculty Publications

No abstract provided.

Subversive Moments: Challenging The Traditions Of Constitutional History, Patricia A. Cain, Linda K. Kerber

Faculty Publications

No abstract provided.

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

Faculty Publications

No abstract provided.

Constitutional Remedies For Statutory Violations, David Sloss

Faculty Publications

No abstract provided.

Unfilled Promise: The Human Rights Class Action, Beth Van Schaack

Faculty Publications

Historically, international law consisted primarily of substantive norms, leaving it to individual nation states to determine how to implement and enforce those norms. Human rights class actions in U.S. courts represent one such fusion of international legal rights with domestic judicial remedies. Since the late 1980s, victims of human rights violations have increasingly utilized Federal Rule of Civil Procedure 23 (“Rule 23”), which governs the certification and conduct of the class action in federal court. In certain respects, the rule embodies a unique feature of United States procedural law. The United States Supreme Court has recognized that class relief is …

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

Teaching Green: Experimenting With Green Values In The Classroom, David Whiteman

Faculty Publications

No abstract provided.

A Comparison Of High And Low Performing Secondary Physical Education Programs, Darla Castelli, Judith E. Rink

Faculty Publications

No abstract provided.

Federal Preemption Of Products Liability Claims, David G. Owen

Faculty Publications

No abstract provided.

Do Owners Have A Fair Chance Of Prevailing Under The Ad Hoc Regulatory Takings Test Of Penn Central Transportation Company?, F. Patrick Hubbard

Faculty Publications

No abstract provided.

Escape From New York: Analyzing The State's Relative Interests In Proscribing The Withdrawal Of Life Support And Physician-Assisted Suicide, Colin Miller

Faculty Publications

This Note argues that states cannot consistently prohibit physician assisted suicide for terminally ill patients while they continue to allow the withdrawal of life support for even non-terminal patients. All of the state interests identified by the Supreme Court in rejecting a right to assisted suicide are implicated to a higher degree by withdrawal of life support. The primary reason for this difference is that withdrawal of life support often involves incompetent patients and surrogate decision making while assisted suicide by definition requires a competent patient choosing to hasten her death.

Hatch-Waxman Reform And Accelerated Market Entry Of Generic Drugs: Is Faster Necessarily Better?, Sarah Kammer

Faculty Publications

Recently there has been a considerable amount of pressure to accelerate consumer access to generic drugs, which are significantly less expensive than their brand-name counterparts. One way to bring generic drugs on to the market sooner is through revision of the existing law relating to pharmaceutical patents. This iBrief describes recent regulatory changes to the Drug Price Competition and Patent Term Restoration Act (the Hatch-Waxman Act), which governs the patenting process for new drug products, as well as current legislative efforts to speed generic access through Hatch-Waxman reform. This iBrief also assesses whether these changes will be beneficial to consumers …

Scientific Empathy, American Buddhism, And The Ethnography Of Religion, Daniel S. Capper

Faculty Publications

The expansion of the use of ethnography in the study of religion has led to substantial methodological confusion. The reflexive ethnographic efforts which exist commonly appeal to the need for ethnographer empathy for field subjects, although the nature and ethical ramifications of this empathy remain poorly explored. This essay offers a model of ethnographic empathy in terms of the methodological observations of Weber, Homans, and Kohut. Using a model of empathy in terms of a reflexive “evenly hovering attention” for data collection, possible gains in the field from this model are explored. These gains include overcoming obstacles to data collection …

Factors Affecting Ammonium Uptake In Streams - An Inter-Biome Perspective, Jackson R. Webster, Patrick J. Mulholland, Jennifer L. Tanks, H. Maurice Valett, Walter K. Dodds, Bruce J. Peterson, William B. Bowden, Clifford N. Dahm, Stuart Findlay, Stanley V. Gregory, Nancy B. Grimm, Stephen K. Hamilton, Sherri L. Johnson, Eugenia Marti, William H. Mcdowell, Judy L. Meyer, Donna D. Morrall, Steven A. Thomas, Wilfred M. Wollheim

Faculty Publications

The Lotic Intersite Nitrogen experiment (LINX) was a coordinated study of the relationships between North American biomes and factors governing ammonium uptake in streams. Our objective was to relate inter-biome variability of ammonium uptake to physical, chemical and biological processes. 2. Data were collected from 11 streams ranging from arctic to tropical and from desert to rainforest. Measurements at each site included physical, hydraulic and chemical characteristics, biological parameters, whole-stream metabolism and ammonium uptake. Ammonium uptake was measured by injection of '5~-ammonium and downstream measurements of 15N-ammonium concentration. 3. We found no general, statistically significant relationships that explained the variability …

Health Risks From Exposure To Metal-Working Fluids In Machining And Grinding Operations, Kun Li, Fereydoun Aghazadeh, Selen Hatipkarasulu, Thomas G. Ray

Faculty Publications

Metal-working fluids (MWFs) are used in machining and grinding operations to cool the tool and work, reduce the friction between the tool and work, improve the surface integrity of the work piece, and increase tool life and productivity. Health problems have been reported among workers exposed to MWFs, including incidences of respiratory, digestive and skin cancers, and increased rates of cough and phlegm. This paper reviews and discusses issues concerning health risks from exposure to MWFs in machining and grinding operations, the various factors that influence the degree of exposure, and control methods to reduce exposure to metal-working fluids. © …

The Tension Between Textualism And Substance-Over-Form Doctrines In Tax Law, Allen Madison

Faculty Publications

This article discusses the tension that exists between the recent textualist approach taken in the U.S. Supreme Court and the judicially developed substance-over-form doctrines that pervade tax law. It sets forth Justice Antonin Scalia’s textualist approach, provides an overview of the substance-over-form doctrines, and then analyzes whether the current Supreme Court would uphold a case that overrode the literal text of the Internal Revenue Code on the basis of one of the doctrines. The article concludes that the current Supreme Court would reject any of these doctrines if faced with the issue.

Molecular Beacon Sequence Design Algorithm, W. Todd Monroe, Frederick R. Haselton

Faculty Publications

A method based on Web-based tools is presented to design optimally functioning molecular beacons. Molecular beacons, fluorogenic hybridization probes, are a powerful tool for the rapid and specific detection of a particular nucleic acid sequence. However, their synthesis costs can be considerable. Since molecular beacon performance is based on its sequence, it is imperative to rationally design an optimal sequence before synthesis. The algorithm presented here uses simple Microsoft® formulas and macros to rank candidate sequences. This analysis is carried out using mfold structural predictions along with other free Web-based tools. For smaller laboratories where molecular beacons are not the …

Identity Management, Duncan A. Buell, Ravi Sandhu

Faculty Publications

No abstract provided.

State Level Assessment In Physical Education: The South Carolina Experience, Judith E. Rink, Murrary F. Mitchell

Faculty Publications

No abstract provided.

Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein

Faculty Publications

Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Faculty Publications

(Excerpt)

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistleblower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak.

The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan

Faculty Publications

Part II of this Note provides an overview of how the regulatory framework has developed with regard to federal control technology requirements governing major stationary sources. It focuses on the statutory language of the 1970 Clean Air Act and the 1977 Clean Air Act Amendments and subsequent administrative and judicial interpretations. Part III examines the development of the land-use doctrine governing the regulation of preexisting nonconforming uses and highlights its theoretical similarities to the air pollution context. Part IV looks specifically at the jurisprudence surrounding the use of amortization provisions in the zoning context. By and large, a court's acceptance …

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Faculty Publications

The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …