Digital Commons Network^™

Can A Public Employer Require Employees To Use Their Comp Time?, Jay E. Grenig

Faculty Publications

No abstract provided.

Ethics Consult: E-Ethics, Michael K. Mcchrystal

Faculty Publications

The fit between laws regulating professional ethics and the means of conducting business, particularly telecommunications and computer technology, has become tenuous. Here, McChrystal examines recent legal decisions concerning electronic transmission of information and discusses the impact of Internet messages and e-mail on attorney-client privilege.

Punitive Damages And Business Organizations: A Pathetic Fallacy, John J. Kircher

Faculty Publications

No abstract provided.

State Action And The Due Process Of Self-Help: Flagg Bros. Redux, Alan R. Madry

Faculty Publications

No abstract provided.

Building A Pedagogy Of Problem-Solving: Learning To Choose Among Adr Processes, Andrea Kupfer Schneider

Faculty Publications

This essay outlines two areas in which ADR and the pedagogy of ADR remain deficient. The first area is counseling. I argue in this essay that without better counseling prior to, during, and after engaging in ADR processes, the promise of ADR has not been met.

The second issue is the type of counseling and advice that does exist regarding ADR. While ADR proponents argue that ADR makes clients happier, there has not yet been much thought given to analyzing the different potential emotional impacts of the various ADR choices. When we choose and counsel among the ADR processes, we …

Adequacy Of Disclosure Of Restrictions On Flipping Ipo Securities, Royce De R. Barondes

Faculty Publications

This Article examines the implications of this practice under the disclosure obligations imposed by federal securities laws and concludes that the current disclosure is materially misleading, particularly in light of the failure to disclose the selective application of the penalties. Moreover, the selective application of the penalties casts significant doubt on whether these offerings can be considered “fixed price” offerings, which would mean that cursory disclosure of the practice would not suffice.

Is There A Uniform Trust Act In Your Future, David M. English

Faculty Publications

The National Conference of Commissioners on Uniform State Laws (NCCUSL) is close to completing the first comprehensive attempt at the national level to codify the law of trusts-the Uniform Trust Act (Act). This article describes the reasons for the Act and many of its provisions. The Act is scheduled for final reading and approval by NCCUSL during the summer of 2000, meaning that states may begin enacting the Act in its final form in their 2001 legislative sessions. This article is based on the draft discussed at NCCUSL's 1999 annual meeting.

In The Trenches: Transferring User Skills From School To College And Beyond, Diane Duesterhoeft

Faculty Publications

For those of us who work with college and university students in our libraries, we sometimes wonder, "Don't these students learn anything about using a library in high school? If they do, they don't seem to retain what they've learned!" And those of us who work with high school students wonder, "Don't these students learn anything about using the library in middle school or elementary school?" and on it goes! We know from our own experiences or from discussions with library colleagues working in elementary schools that librarians devote an extensive amount of time teaching elementary age students information literacy …

A Little Privacy, Please: Should We Punish Parents For Teenage Sex, Susan S. Kuo

Faculty Publications

This article addresses an alarming new development in the recent trend toward blaming parents for their children's unlawful acts: an Illinois criminal statute that holds parents accountable for the consensual sexual activities of their children. Although laws creating criminal parental responsibility are not new, teenage sexuality is not part of the usual repertoire of juvenile acts that parental responsibility laws have previously sought to deter. The State of Illinois is the sole pioneer in this yet uncharted territory, breaking new ground for the parental responsibility movement and transporting parental liability to new heights.

Other states may view the Illinois statute …

Does The Aedpa Apply To A Habeas Petition Filed After An Exhaustion Of State Remedies?, Jay E. Grenig

Faculty Publications

No abstract provided.

May Private Individuals Sue A State That Establishes English-Only Policies?, Jay E. Grenig

Faculty Publications

No abstract provided.

Marriage Law And Family Law: Autonomy, Interdependence, And Couples Of The Same Gender, Jennifer Wriggins

Faculty Publications

The Article argues for the recognition of same-sex marriage from a normative and family law perspective, rather than a rights perspective. Contemporary family law and marriage law in the United States have been criticized by communitarian scholars and others as being too focused on individuals and individual fulfillment. These critiques make some valid points. It is also important, however, to emphasize that contemporary marriage law, for the first time, presents a model of equality and of reciprocal obligations.

The Article articulates a broad framework of the functions of family and marriage law, drawing on work by Carl Schneider and Mary …

The Timing Of Opinion Formation By Jurors In Civil Cases: An Empirical Examination, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman

Faculty Publications

Although researchers have thoroughly examined juror decision making in laboratory experiments, the point at which jurors form opinions in actual jury trials remains cloaked in mystery. Recently, however, that cloak was lifted enough to provide a glimpse at the timing of juror opinion formation. The opportunity to do so came in conjunction with an evaluation of a jury reform procedure implemented in Arizona civil trials in 1995. Data collected for the evaluation included the responses of 1,385 jurors from 172 civil trials concerning when they began to form opinions about the case, whether and when they changed their minds about …

Ethical Challenges To Legal Education And Conduct, James E. Moliterno

Faculty Publications

No abstract provided.

Erratum: "Cell Size Dependence Of Transport Coefficients In Stochastic Particle Algorithms", Alejandro Garcia, F. Alexander, B. Alder

Faculty Publications

No abstract provided.

The Cartagena Protocol And Biological Diversity; Biosafe Or Bio-Sorry, Jonathan H. Adler

Faculty Publications

In January 2000, delegates from over 100 nations completed negotiations on an international treaty for the regulation of biotechnology, the Cartagena Protocol on Biosafety. The stated purpose of this protocol is to enhance the protection of biological diversity. Despite its good intentions, there is a mismatch between the protocol's substantive provisions and present threats to biological diversity. The protocol endorses "precautionary" regulation of transboundary shipments of genetically engineered organisms, including crops, so as to reduce the environmental risks that such organisms may pose. The greatest threat to biological diversity is habitat loss, largely driven by the conversion of land for …

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal

Faculty Publications

Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, …

Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman

Faculty Publications

Currently, approximately 1.8 million people are incarcerated in the United States at any given time. A disproportionately large percentage of the prisoner population has serious illnesses, such as AIDS and tuberculosis. Prisoners most often, however, are barred from participation in clinical trials, even when conventional therapy has failed, and experimental treatment might provide them with their only hope of survival.

Much of the reluctance to include prisoners in biomedical research is based on history. In the past, prisoners have been severely abused and even tortured in medical studies conducted in the Nazi death camps, Japanese prisoner camps, and correctional facilities …

Waste & The Dormant Commerce Clause—A Reply (Response To Richard Epstein), Jonathan H. Adler

Faculty Publications

No abstract provided.

The Effect Of The Auap Study Abroad Experience On The Students' Cultural Perceptions, K. James Hartshorn

Faculty Publications

As the Asia University America Program (AUAP) commences its second decade, those who have closely observed this unique study abroad experience are aware of a variety of ways the students seem to benefit from their participation. Some of these benefits are academic and can be seen in the development and improvement of specific language skills, gains in standardized test scores and earned university credit applied toward graduation. However, there seem to be a variety of other valuable benefits that may be a little more difficult to measure. such benefits could include the enlargement of the students' international perspective as world …

Ties That Bind - The Craft Of Political Networking In Late Ming Chiang-Nan, Jie Zhao

Faculty Publications

No abstract provided.

Playing To The Press In Mckinley’S Front Porch Campaign: The Early Weeks Of A Nineteenth-Century Pseudo-Event, William D. Harpine

Faculty Publications

No abstract provided.

Functional Microanatomy Of The Feather-Bearing Integument: Implications For The Evolution Of Birds And Avian Flight, Dominique G. Homberger, Kumudini N.D.E. Silva

Faculty Publications

A selective regime favoring a streamlining of body contours and surfaces is proposed as having been instrumental in driving the morphological and functional transformations of an unfeathered reptilian integument into a featherbearing avian one. This hypothesis is consistent with a new, structurally and functionally coherent analysis of the microanatomy of the avian feather-bearing integument as a complex, integrated organ system that includes an intricate, hydraulic skeleto-muscular apparatus of the feathers, a dermo-subcutaneous muscle system of the integument, and a subcutaneous hydraulic skeletal system formed by fat bodies. Key elements of the evidence supporting the new hypothesis are (1) the presence …

Positive Selection And Propeptide Repeats Promote Rapid Interspecific Divergence Of A Gastropod Sperm Protein, Michael E. Hellberg, Gary W. Moy, Victor D. Vacquier

Faculty Publications

Male-specific proteins have increasingly been reported as targets of positive selection and are of special interest because of the role they may play in the evolution of reproductive isolation. We report the rapid interspecific divergence of cDNA encoding a major acrosomal protein of unknown function (TMAP) of sperm from five species of teguline gastropods. A mitochondrial DNA clock (calibrated by congeneric species divided by the Isthmus of Panama) estimates that these five species diverged 2-10 MYA. Inferred amino acid sequences reveal a propeptide that has diverged rapidly between species. The mature protein has diverged faster still due to high nonsynonymous …

Global Change And Biodiversity Linkages Across The Sediment-Water Interface, C. R. Smith, M. C. Austen, G. Boucher, C. Heip, P. A. Hutchings, G. M. King, I. Koike, P. J.D. Lambshead, P. Snelgrove

Faculty Publications

No abstract provided.

Linking Biodiversity Above And Below The Marine Sediment-Water Interface, P. V.R. Snelgrove, M. C. Austen, G. Boucher, C. Heip, P. A. Hutchings, G. M. King, I. Koike, P. J.D. Lambshead, C. R. Smith

Faculty Publications

No abstract provided.

The Tools For Enforcing International Criminal Justice In The New Millennium: Lessons From The Yugoslavia Tribunal, Michael P. Scharf

Faculty Publications

It is one thing to create an international institution devoted to enforcing international justice; it is quite another to make international justice work. Unlike the Nuremberg Tribunal, whose orders were implemented by the Allied occupation forces, the ICC will have no constabulary. In the absence of a direct enforcement mechanism, the ICC will have to rely on state cooperation and indirect means of inducing compliance with its arrest orders and requests for judicial cooperation.

The range of enforcement measures potentially available to the ICC include: (1) condemnation of non-cooperation by the Assembly of State Parties or the U.N. Security Council; …

Temperature-Sensitive Acetylesterase Activity Of Haemagglutinin-Esterase Specified By Respiratory Bovine Coronaviruses, X. Q. Lin, V. N. Chouljenko, K. G. Kousoulas, J. Storz

Faculty Publications

Numerous respiratory bovine coronaviruses (RBCV) were isolated recently from nasal swab samples and lung tissues of feedlot cattle with acute respiratory tract disease. These newly emerging RBCV isolates exhibited distinct phenotypic features that differentiated them from enteropathogenic bovine coronaviruses (EBCV). The RBCV strains had a receptor-destroying enzyme function mediated by acetylesterase (AE) activity of the haemagglutinin-esterase (HE) glycoprotein. The HE genes of wild-type EBCV strain LY138 and RBCV strains OK-0514 (OK) and LSU-94LSS-051 (LSU) were cloned, sequenced and transiently expressed in COS-7 cells. The enzymic properties of HE proteins in COS-7 cellular extracts and in purified virus preparations were assayed …