Digital Commons Network^™

Introduction: The Deepwater Horizon Incident, Charles H. Norchi

Faculty Publications

In this symposium, the contributors appraise the regulatory and institutional pathologies that contributed to the incident, offer projections based on current practices and legal frameworks, propose alternative institutional and regulatory approaches, and recommend policies to achieve a preferred future for marine ecosystems and dependent human activity.

Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam

Faculty Publications

In the United States, judges are required to recuse themselves - that is, remove themselves from participating in a case - not only when they are biased, but even when they may appear biased to a neutral observer. This nominally strict, appearance-based recusal standard is intended to ensure the judge’s impartiality in resolving disputes, to protect the judiciary’s reputation, and to instill public confidence in the fairness of the courts. It has long been assumed that so long as the judge makes the correct recusal decision, the appearance of impartiality is restored and the reputation of the judiciary is protected. …

Making The Leap To Being A Law Library Director, Joseph A. Custer

Faculty Publications

This article addresses my experience in going from being a mild-mannered Associate Director of an academic law library to that of a dynamic leader of an academic law library.

Would The Reins Act Rein In Federal Regulation?, Jonathan H. Adler

Faculty Publications

Federal regulation reaches nearly all aspects of modern life and is pervasive in the modern economy. Much of this regulation may be necessary or advisable, but there is understandable concern that regulatory agencies act outside the authority delegated to them by Congress. The proposed Regulations of the Executive in Need of Scrutiny (REINS) Act is intended to remedy this by requiring that major regulations receive the approval of Congress through an expedited process. Critics of the REINS Act claim it would severely curtain important regulatory efforts and allow for all sorts of congressional gamesmanship. In fact, the REINS Act would …

Meaningful Use And Certification Of Health Information Technology: What About Safety?, Sharona Hoffman, Andy Podgurski

Faculty Publications

Health information technology (HIT) is becoming increasingly prevalent in medical offices and facilities. Like President George W. Bush before him, President Obama announced a plan to computerize all Americans’ medical records by 214. Computerization is certain to transform American health care, but to ensure that its benefits outweigh its risks, the federal government must provide appropriate oversight.

President Obama’s stimulus legislation, the American Recovery and Reinvestment Act of 29 (ARRA), dedicated $27 billion to the promotion of health information technology. It provides payments of up to $44, per clinician under the Medicare incentive program and $63,75 per clinician under the …

Symposium On Commercial Speech And Public Health, Jonathan H. Adler

Faculty Publications

Americans have access to more health-related information today than ever before. Consumers are bombarded with medical messages and flooded with health-based claims. Television and magazine advertisements inform consumers about everything from insomnia and erectile dysfunction to the importance of dietary fiber and the allegedly wondrous properties of pomegranates. Product labels and promotions provide more food for thought about fat, sodium, and carbohydrates; nutritional supplement makers further supplement consumer nutritional information. Were that not enough, the internet provides access to still more data (and opinion), much of it of questionable provenance and reliability.

Urban Green Uses: The New Renewal, Catherine J. Lacroix

Faculty Publications

As they confront dramatically reduced population and little prospect of significant near-term growth, several cities in the rust belt have turned to innovative tactics to put excess land to beneficial use. These measures include the creation of active land banks, downzoning for "green" uses such as urban agriculture, possible consolidation of population and abandonment of utility and public services, and installation of green infrastructure, such as stormwater retention and renewable power generation facilities, on publicly owned land. In the process, these cities face intriguing legal questions: What steps are needed to form an effective land bank? What is the liability …

Ambivalence & Activism: Employment Discrimination In China, Timothy Webster

Faculty Publications

Chinese courts do not vigorously enforce many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, signals from above, and rights at issue, courts can help victims vindicate their constitutional and statutory rights to equality. Since 28, carriers of the hepatitis B virus (HBV) have used the Employment Promotion Law to challenge hiring discrimination. Their high success rate suggests official support for making one potent form of discrimination illegal. Central to these lawsuits is a broad network of lawyers, activists and scholars who have advocated for protecting the rights of HBV …

No Difference?: An Analysis Of Same-Sex Parenting, George W. Dent

Faculty Publications

The principal argument for traditional marriage is that it is uniquely beneficial to children. The campaign for same-sex marriage (“SSM”) denies this argument and claims that same-sex couples are just as good as other parents; there is “no difference” between the two. This article analyzes this claim and concludes that it is unsubstantiated and almost certainly false.

The Supreme Court Disposes Of A Nuisance Suit: American Electric Power V. Connecticut, Jonathan H. Adler

Faculty Publications

In American Electric Power v. Connecticut the Supreme Court confronted climate change litigation for the second time. Whereas Massachusetts v. EPA was a closely divided court decision with dramatic and far-reaching legal and policy implications, AEP was a narrow, unanimous opinion that hewed closely to well-settled precedent. In AEP the Court side-stepped difficult jurisdictional questions and rejected an ambitious effort to turn the federal common law of nuisance into a judicially administered environmental regulatory regime. While not erecting any new barriers to future climate suits, the Court’s opinion raised cautions about trying to make climate change policy through the judiciary. …

A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson

Faculty Publications

International outsourcing has come to the legal profession. The ABA and other bar associations have given it their stamp of approval, and an ailing economy has pushed both clients and firms to consider sending more legal work abroad. This article integrates research from the fields of organizational behavior, social psychology, and economic theory to analyze the effectiveness of the legal outsourcing relationship. It identifies organizational pressures in the practice of law that affect how legal work is performed in a transnational context, and it examines how individuals on both sides of the outsourcing process influence the success or failure of …

Airspace In A Green Economy, Troy A. Rule

Faculty Publications

The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly …

¿Epistemología Bíblica Para La Investigación Adventista? Una Propuesta De Trabajo, Fernando Canale

Faculty Publications

120 Since the creation of the first Adventist Universities early in the second half of the twentieth century, the Seventh-day Adventist church has engaged in scientific re- search in several secular and theological scholarly disciplines that involve the use of human reason and methodologies. Because, normally, researchers select and use methodologies based on the current consensus of their scholarly disciplines, we have to assume Adventist scholars do the same. Seldom do scientists take time to analyze, evaluate, and criticize the intellectual tools they use. This article deals with the necessity of implement a biblical epistemology for developing researches with an …

The Validity Of The Levitical Food Laws Of Clean And Unclean Animals: A Case Study Of Biblical Hermeneutics, Jiri Moskala

Faculty Publications

No abstract provided.

The Patient Protection And Affordable Care Act Of 2010: Rulemaking The Shadow Of Incentive-Based Regulation, Sam F. Halabi

Faculty Publications

While legislators, scholars and mainstream observers are focused on the intense debates surrounding the constitutionality of the Patient Protection and Affordable Care Act’s individual mandate, the Department of Health and Human Services and other agencies are proceeding apace in promulgating rules to implement the law’s other requirements. Congress’s substantial delegation of administrative authority to HHS and other agencies will provide a second key area for constitutional challenges after the U.S. Supreme Court resolves the initial lawsuits based on the individual mandate. Between facial constitutional challenges to the Affordable Care Act and lawsuits based on defects in agency rules or the …

Habitat And Landscape Suitability As Indicators Of Bird Abundance In Created And Restored Wetlands, Jordan W. Mora, John N. Mager Iii, Douglas J. Spieles

Faculty Publications

No abstract provided.

Plasticity Of The Reproductive Axis Caused By Social Status Change In An African Cichlid Fish: I. Pituitary Gonadotropins, Karen P. Maruska, Berta Levavi-Sivan, Jakob Biran, Russell D. Fernald

Faculty Publications

Social position in a dominance hierarchy is often tightly coupled with fertility. Consequently,ananimal that can recognize and rapidly take advantage of anopportunity to rise inrankwillhaveareproductive advantage. Reproduction in all vertebrates is controlled by the brain-pituitary-gonad axis,andin males of the African cichlid fish Astatotilapia burtoni, GnRH1 neurons at the apex of this axis are under social control. However, little is known about how quickly social information is transformed into functional reproductive change, or about how socially controlled changes in GnRH1 neurons influence downstream actions of the brain-pituitary-gonad axis. We created an opportunity for reproductively suppressed males to ascend in status and …

Syntheses, Properties And Cellular Studies Of Metallo-Isoporphyrins, Sandra C. Mwakwari, Haijun Wang, Timothy J. Jensen, M. Graça H. Vicente, Kevin M. Smith

Faculty Publications

b-Bilene hydrochlorides are shown to be improved intermediates for the synthesis of metallo-isoporphyrins in enhanced yields (28% vs. 6%). Several new diamagnetic zinc(II) and a novel paramagnetic copper(II) isoporphyrin salts were also obtained using this approach. Metal-free isoporphyrins were also isolated. In vitro studies using human carcinoma HEp2 cells show that all metallo-isoporphyrins accumulate within cells and localize partially in the mitochondria. The zinc-isoporphyrins were found to be moderately phototoxic while the copper complex showed the lowest phototoxicity, maybe as a result of its paramagnetic nature. © 2011 World Scientific Publishing Company.

The Fundamentals Of Wealth Transfer Tax Planning: 2011 And Beyond, John A. Miller, Jeffrey A. Maine

Faculty Publications

This article discusses basic aspects of all three transfer taxes, with particular emphasis on the estate tax. This article then outlines fundamental estate planning techniques in light of the impact of these taxes. In addition, references are provided in the footnotes to more detailed treatments of the planning techniques described here.

An Empirical Analysis Of Collaborative Practice, John M. Lande

Faculty Publications

This article summarizes empirical research about Collaborative Practice, the Collaborative movement, its interaction with other parts of the dispute resolution field, and its impact on the field. It reviews studies of Collaborative Practice describing the individuals involved in Collaborative cases, how the process works, the operation of local practice groups, and the impact of Collaborative Practice on legal practice generally. Based on this analysis, it suggests an agenda for future research. Finally, it offers suggestions for constructive development of the Collaborative field.

Health Inflation, Wealth Inflation, And The Discounting Of Human Life, Ben L. Trachtenberg

Faculty Publications

This article presents two new arguments against “discounting” future human lives during cost-benefit analysis, arguing that even absent ethical objections to the disparate treatment of present and future humanity, the economic calculations of cost-benefit analysis itself - if properly calculated - counsel against discounting lives at anything close to current rates. In other words, even if society sets aside all concerns with the discounting of future generations in principle, current discounting of future human lives cannot be justified even on the discounters’ own terms. First, because cost-benefit analysis has thus far ignored evidence of rising health care expenditures, it underestimates …

Public Forum 2.0, Lyrissa Lidsky

Faculty Publications

Social media have the potential to revolutionize discourse between American citizens and their governments. At present, however, the U.S. Supreme Court's public forum jurisprudence frustrates rather than fosters that potential. This article navigates the notoriously complex body of public forum doctrine to provide guidance for those who must develop or administer government-sponsored social media or adjudicate First Amendment questions concerning them. Next, the article marks out a new path for public forum doctrine that will allow it to realize the potential of Web 2.0 technologies to enhance democratic discourse between the governors and the governed. Along the way, this article …

Topiramate: Safety And Efficacy Of Its Use In The Prevention And Treatment Of Migraine, Ginger C. Minton, April D. Miller, P Brandon Bookstaver, Bryan L. Love

Faculty Publications

Migraine headaches are typically episodic in nature and may affect nearly 10% of the population. In addition to treatment, prevention of subsequent episodes or progression to a chronic migraine state is an important therapeutic area. Topiramate is a centrally acting medication approved for both the prevention of seizures and migraine headache. At this time, the exact mechanism of how topiramate assists in migraine prevention is unknown. Several large randomized, controlled trials have aided in establishing topiramate's role in migraine prevention. Despite a favorable pharmacokinetic and adverse effect profile established in clinical trials, several additional studies, case reports and toxicology reports …

Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh

Faculty Publications

The Sierra Leone war, which lasted between 1991 and 2002, gained notoriety around the world for “blood" or "conflict" diamonds and some of the worst atrocities ever perpetrated against civilians in a modern conflict. On January 16, 2002, the United Nations and the Government of Sierra Leone signed an historic agreement to establish the Special Court for Sierra Leone (SCSL). In setting up a new type of ad hoc criminal tribunal, the parties sought to achieve two key objectives. First, to dispense credible justice by enabling the prosecution of those bearing greatest responsibility for the wartime atrocities based on international …

"It's Like Giving Us A Car, Only Without The Wheels": Performance Of Latina Students At An Early College High School, Leslie A. Locke

Faculty Publications

No abstract provided.

Firm Size Matters: An Empirical Investigation Of Organizational Size And Ownership On Sustainability- Related Behaviors, Peter Jack Gallo, Lisa Jones Christensen

Faculty Publications

The phrase “corporate sustainability” is increasingly prevalent in both the industry press and management journals (Engardio, 2007; Montiel, 2008). Corporate sustainability pledges and reports are also increasingly prevalent, yet empirical studies on how top managers define and enact the construct are lacking. To address this deficiency, we investigate how firms define, support, and report their sustainability efforts. In a large sample (N = 922) study of accounting executives at U.S.-based firms, we find evidence that organizational size, ownership, and industry are strongly related with support mechanisms and reporting of sustainability.

Video Game Design In The Mba Curriculum: An Experiential Learning Approach For Teaching Design Thinking, James Gaskin, Nicholas Berente

Faculty Publications

In the spirit of design thinking, we have developed a ―hands-on‖ video game design workshop intended to be used for an MBA course on design thinking. This novel approach to teaching complex concepts and skills to business students has been received with enthusiasm, and it provides a unique and memorable experience for students to draw on as they encounter situations in which they will apply design thinking in the future. Additionally, student-produced games and student reflections on the workshops provide initial evidence of the value of teaching design thinking through this type of experiential method. In this article we review …

Psychological Need Satisfaction Through Sports Participation Among International Athletes With Cerebral Palsy, Neil R. Lundberg, Diane G. Groff, Ramon Zabriskie

Faculty Publications

Research indicates that people with disabilities who participate in sports and are physically active rate themselves higher in psychological well-being. The primary purpose of this study was to observe differences in the satisfaction of psychological needs through sports participation based on one’s impairment level. Participants in the study included 50 English-speaking individuals with cerebral palsy who were 18 years of age or older and who were competing in the 2005 World Cerebral Palsy Championship in New Haven, Connecticut. Descriptive statistics were gathered and a simple one-way ANOVA was used to test the differences in psychological need fulfillment. Results indicated a …

Positive Youth Development Within A Family Leisure Context: Youth Perspectives Of Family Outcomes, Peter J. Ward, Ramon B. Zabriskie

Faculty Publications

Family leisure involvement may provide the first and most essential context for positive youth development in today's society.

Structured and organized programs and activities provide valuable settings for youth development. However, the primary setting of the home should be considered the fi rst, and perhaps the most essential, context for positive youth development. Within the home environment, the parents are often the most invested adults in the lives of youth. Parental involvement is one of the strongest protective factors an adolescent can have related to maximizing his or her potential. Evidence supports that strong, positive parental infl uence contributes to …

Increased Nitric Oxide And Attenuated Diastolic Blood Pressure Variability In African Americans With Mildly Impaired Renal Function, Keith M. Diaz, Deborah L. Feairheller, Kathleen M. Sturgeon, Praveen Veerabhadrappa, Sheara T. Williamson, Deborah L. Crabbe, Michael D. Brown

Faculty Publications

We investigated the relationship between renal function, blood pressure variability (BPV), and nitric oxide (NO) in a group of African Americans with normal or mildly impaired renal function. 24-hour ambulatory blood pressure monitoring was performed, NO measured, and glomerular filtration rate (GFR) calculated in 38 African Americans. Participants were categorized as having normal (GFR > 90 mL/min per 1.73 m2) or mildly impaired (GFR 60–89 mL/min per 1.73 m2) renal function. Diastolic BPV was significantly lower in the mildly impaired renal function group. Regression analyses revealed a significant positive association between GFR and diastolic BPV for the entire study group. Plasma …