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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.


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 …


Supreme Court Employment Law Cases 2001-02 Term, Rafael Gely Jan 2002

Supreme Court Employment Law Cases 2001-02 Term, Rafael Gely

Faculty Publications

I set two simple objectives for the article. First, the article will summarize each of the cases. My intent is to provide those unfamiliar with the cases a brief review of the facts and a summary of the Court's reasoning. Parts II through VI provide this discussion, grouping the cases by subject area. Second, in Part VII, the article provides a "big picture" analysis of the various cases. My intent is to identify trends, issues, interesting aspects and features of the Court's term. My objective is to aid in our understanding of the patterns that might affect the Court's treatment …


Review Of Blindfold And Alone : British Military Executions In The Great War, Michael F. Russo Jan 2002

Review Of Blindfold And Alone : British Military Executions In The Great War, Michael F. Russo

Faculty Publications

No abstract provided.


The Digital Divide In The New Millennium, Allen S. Hammond Iv Jan 2002

The Digital Divide In The New Millennium, Allen S. Hammond Iv

Faculty Publications

No abstract provided.


Romagoza V. Garcia: Proving Command Responsibility Under The Alien Torts Claims Act And The Torture Victim Protection Act, Beth Van Schaack Jan 2002

Romagoza V. Garcia: Proving Command Responsibility Under The Alien Torts Claims Act And The Torture Victim Protection Act, Beth Van Schaack

Faculty Publications

No abstract provided.


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.


Criminal Speech And The First Amendment, Benjamin Means Jan 2002

Criminal Speech And The First Amendment, Benjamin Means

Faculty Publications

No abstract provided.


The Emerging Role Of Ethics Advisors, General Counsel, And Other Compliance Specialists In Large Law Firms, Elizabeth Chambliss, David B. Wilkins Jan 2002

The Emerging Role Of Ethics Advisors, General Counsel, And Other Compliance Specialists In Large Law Firms, Elizabeth Chambliss, David B. Wilkins

Faculty Publications

No abstract provided.


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.


The Effect Of Bankruptcy Upon A Firm Using Patents And Trademarks As Collateral, Lois R. Lupica Jan 2002

The Effect Of Bankruptcy Upon A Firm Using Patents And Trademarks As Collateral, Lois R. Lupica

Faculty Publications

The Bankruptcy Code sets forth an orderly process for the distribution of a debtor-in-bankruptcy's assets. This process has the effect of altering many of the procedural and substantive rights and obligations of the debtor, as well as of the debtor's creditors. Parties asserting a property interest in assets of a debtor in bankruptcy, however, must rely on nonbankruptcy law to determine the nature and extent of their property interests. The most commonly asserted interest by creditors involved in a bankruptcy are security interests.


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.


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.


Reflections On Editing A Journal For Law Teachers, Erik M. Jensen Jan 2002

Reflections On Editing A Journal For Law Teachers, Erik M. Jensen

Faculty Publications

One should hesitate to draw grand conclusions based on personal experience, but I won't. What I'll do in this essay is discuss some of the decidedly unscientific lessons about American legal education, or at least about the scholarship dealing with American legal education, that I've drawn from my editorial experience: About American legal education's provincialism, about the limited interest in writing on pedagogical subjects, about quality of writing, and about the politicization of the legal academy.


In Memoriam — Howard B. Eisenberg, Craig Allen Nard Jan 2002

In Memoriam — Howard B. Eisenberg, Craig Allen Nard

Faculty Publications

This is a tribute to Howard B. Eisenberg.


Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard Jan 2002

Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard

Faculty Publications

This article explores the role of secondary authority in patent law jurisprudence. I reviewed every Federal Circuit published opinion from 1982 (the year of the court's creation) to 2000. I discuss the results of my empirical research and explore why scholarship has a place in the Federal Circuit's patent law jurisprudence. I ultimately urge the court to be cautiously more receptive to secondary authority when deciding patent cases.


Lawyers And Trust In Business Alliances, George W. Dent Jan 2002

Lawyers And Trust In Business Alliances, George W. Dent

Faculty Publications

This Article attempts a first step in filling the gap in the legal literature about lawyers and strategic business alliances. Part I describes the distinctive nature of strategic alliances. Part II discusses why strategic alliances pose unique problems for lawyers. Part III considers how lawyers' negotiation tactics can enhance rather than erode trust between the parties in alliances. Part IV suggests how lawyers can draft substantive contract terms that foster trust and cooperation in alliances. Part V explores how law schools and continuing legal education can train lawyers to perform better not only in strategic business alliances but in all …


The Founders’ Privacy: The Fourth Amendment And The Power Of Technological Surveillance, Raymond Shih Ray Ku Jan 2002

The Founders’ Privacy: The Fourth Amendment And The Power Of Technological Surveillance, Raymond Shih Ray Ku

Faculty Publications

Part I of this Article briefly discusses the history and origins of the Fourth Amendment and its relationship to the doc- trine of separation of powers. Part I argues that the central purpose of the amendment was not to define various aspects of life as private, but to guarantee that the people defined the limits of the executive's surveillance power. Part II then examines the Supreme Court's Fourth Amendment jurisprudence dealing with technology prior to Kyllo, and the problems associated with this jurisprudence. Part II argues that the Supreme Court's framing of the privacy question as whether a new search …


Greenhouse Gas Emissions And Emissions Trading In North America, Jonathan H. Adler Jan 2002

Greenhouse Gas Emissions And Emissions Trading In North America, Jonathan H. Adler

Faculty Publications

Introducation to the symposium on Energy, the Environment and Natural Resources in the Canada/U.S. Context: Greenhouse Gas Emissions and Emissions Trading in North America: Kyoto Treaty and U.S. Initiatives, Cleveland, Ohio, 2002.


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.


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 …


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.


The Challenge Facing Parents And Coaches In Youth Sports: Assuring Children Fun And Equal Opportunity, Douglas E. Abrams Jan 2002

The Challenge Facing Parents And Coaches In Youth Sports: Assuring Children Fun And Equal Opportunity, Douglas E. Abrams

Faculty Publications

Youth sports today brings both good and bad news. The good news is that organized sports programs enhance the vitality of communities large and small because twenty-five to thirty million children, nearly half of all American youngsters, join at least one program in any given year. At some time during their childhood and adolescence, nearly all children have some experience with organized sports. Outside the home and schools, no other activity reaches so many children from coast to coast.


Zurich's Militia Records In The Fifteenth Century, Albert Winkler Jan 2002

Zurich's Militia Records In The Fifteenth Century, Albert Winkler

Faculty Publications

Switzerland was involved in a civil war from 1440 to 1446. To defend itself, Zurich called out its militia. In the militia records from 1442, the entire structure of the force can be reconstructed. A list of over two thousand names of the militiamen is presented. This includes their occupations, area of residence, the weapons they carried, and where they stood in the Zurich battle formation.


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.


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 …


Note, A Rule Unfit For All Seasons: Monitoring Of Attorney-Client Communication Violates Privilege And The Sixth Amendment, Avidan Y. Cover Jan 2002

Note, A Rule Unfit For All Seasons: Monitoring Of Attorney-Client Communication Violates Privilege And The Sixth Amendment, Avidan Y. Cover

Faculty Publications

No abstract provided.


Trends In The Job Market For Librarians: 1985-2000, Kelly D. Blessinger Jan 2002

Trends In The Job Market For Librarians: 1985-2000, Kelly D. Blessinger

Faculty Publications

This article discusses the major influence that the information age has had on librarianship. Computer-related technology has changed the way librarians do their jobs, their duties, and has created a whole new realm of opportunities for librarians. Data from the Library Journal annual salary surveys and the ALA Placement Center are included in charts and figures to track job market trends from 1985-2000. Issues such as salary, job mobility and education are also discussed.


Feeding A Growing Population On An Increasingly Fragile Environment, Andrew Sluyter, William E. Doolittle, Eric P. Perramond, Phil L. Crossley, Dean P. Lambert Jan 2002

Feeding A Growing Population On An Increasingly Fragile Environment, Andrew Sluyter, William E. Doolittle, Eric P. Perramond, Phil L. Crossley, Dean P. Lambert

Faculty Publications

No abstract provided.


Protective Immunity Against Lethal Hsv-1 Challenge In Mice By Nucleic Acid-Based Immunisation With Herpes Simplex Virus Type-1 Genes Specifying Glycoproteins Gb And Gd, Abolghasem Baghian, Vladimir N. Chouljenko, Oswald D'Auvergne, Mark J. Newman, Salman Baghian, Konstantin G. Kousoulas Jan 2002

Protective Immunity Against Lethal Hsv-1 Challenge In Mice By Nucleic Acid-Based Immunisation With Herpes Simplex Virus Type-1 Genes Specifying Glycoproteins Gb And Gd, Abolghasem Baghian, Vladimir N. Chouljenko, Oswald D'Auvergne, Mark J. Newman, Salman Baghian, Konstantin G. Kousoulas

Faculty Publications

DNA-based vaccines were employed to assess protective immunity against herpes simplex virus in experimental infections of hairless (strain SKH1) and BALB/c mice. Mice were vaccinated with plasmids containing the herpes simplex virus type-1 (HSV-1) glycoprotein B (gB) or D (gD) genes under the human cytomegalovirus immediate-early promoter control. Vaccines were injected intramuscularly (i.m.) or intraperitoneally (i.p.) as purified DNA alone or as formulations supplemented with different non-ionic block copolymers. Antibody responses were assessed by immunofluorescence and radioimmunoprecipitation assays. Mice inoculated with either gB or gD plasmid, alone or with non-ionic block copolymers CRL 1029 and CRL 1190, produced high levels …