Digital Commons Network^™

Metabolomics Analysis Identifies Intestinal Microbiota-Derived Biomarkers Of Colonization Resistance In Clindamycin-Treated Mice, Robin L.P. Jump, Myreen Tomas, Abhishek Deshpande, Curtis J. Donskey

Faculty Scholarship

Background: The intestinal microbiota protect the host against enteric pathogens through a defense mechanism termed colonization resistance. Antibiotics excreted into the intestinal tract may disrupt colonization resistance and alter normal metabolic functions of the microbiota. We used a mouse model to test the hypothesis that alterations in levels of bacterial metabolites in fecal specimens could provide useful biomarkers indicating disrupted or intact colonization resistance after antibiotic treatment. Methods: To assess in vivo colonization resistance, mice were challenged with oral vancomycin-resistant Enterococcus or Clostridium difficile spores at varying time points after treatment with the lincosamide antibiotic clindamycin. For concurrent groups of …

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium — The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing

Faculty Scholarship

Reflections on Presumed Incompetent: The Intersections of Race and Class for Women in Academia Symposium -- The Plenary Panel in the Berkeley Journal of Gender, Law & Justice represents the author’s reflections on the recent important book PRESUMED INCOMPETENT edited by Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González, and Angela P. Harris. PRESUMED INCOMPETENT has started a national movement of attention to treatment of women of color in academia; google the reviews and check out the book’s Facebook presence. In this recreation of the symposium plenary, the panelists discuss issues surrounding race and gender in academia, particularly …

Stereotype Threat And Law Librarianship, Ronald E. Wheeler

Faculty Scholarship

Mr. Wheeler looks at the concept of stereotype threat and discusses ways to confront and combat it in a diverse society. He proposes some simple solutions within the American Association of Law Libraries (AALL) and the law librarianship profession to help diminish the effects of this psychological barrier.

Impossible Choices: Balancing Safety And Security In Domestic Violence Representation, Camille Carey, Robert A. Solomon

Faculty Scholarship

Domestic violence victims often face the impossible choice between physical safety and financial security. State intervention can offer some protection to victims, but enlisting the criminal justice system through reporting domestic violence or restraining order violations can have drastic financial consequences. Involving the state is likely to lead to sanctions for the abuser which would ultimately deprive the victim of child support, alimony, and other financial support, which may be the totality of the victim’s financial resources. To avoid this result, many victims refuse to enforce court orders intended to maximize their safety. This article examines the context in which …

Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell

Faculty Scholarship

Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …

Of Gangs And Gaggles: Can A Corporation Be Part Of An Association-In-Fact Rico Enterprise? Linguistic, Historical, And Rhetorical Perspectives, Randy D. Gordon

Faculty Scholarship

Over 30 years ago, courts of appeals began to hold that the RICO statute’s definition of association-in-fact enterprise is broad enough to include corporations as constituent members, even though that definition states that such an association is limited to a “group of individuals.” This Article demonstrates why these cases were wrongly decided from a variety of perspectives: linguistic, systemic and consequentialist. It also suggests a strategy for correcting this widespread interpretive error and provides evidence that the Supreme Court may be disposed to agree that the lower courts have uniformly erred.

The Death Of Contracts, Franklin G. Snyder, Ann M. Mirabito

Faculty Scholarship

Our thesis here is that contract law as a distinct, coherent, and important body of law—the law generated through the appellate decisions of American courts and taught in American law schools for nearly a century and a half—is dying. The last few decades have seen a steady erosion of its importance, and it functions today less as a tool that enables a rich vein of private ordering than as a series of arbitrary traps that lie in wait for the unwary. Because sophisticated commercial parties are always free to opt out of contract regimes they do not find helpful, much …

Gender In Asbestos Law: Cui Bono: Cui Pacat, Anita Bernstein

Faculty Scholarship

No abstract provided.

High Ionic Strength Narrows The Population Of Sites Participating In Protein Ion-Exchange Adsorption: A Single-Molecule Study, Lydia Kisley

Faculty Scholarship

The retention and elution of proteins in ion-exchange chromatography is routinely controlled by adjusting the mobile phase salt concentration. It has repeatedly been observed, as judged from adsorption isotherms, that the apparent heterogeneity of adsorption is lower at more-eluting, higher ionic strength. Here, we present an investigation into the mechanism of this phenomenon using a single-molecule, super-resolution imaging technique called motion-blur Points Accumulation for Imaging in Nanoscale Topography (mbPAINT). We observed that the number of functional adsorption sites was smaller at high ionic strength and that these sites had reduced desorption kinetic heterogeneity, and thus narrower predicted elution profiles, for …

Alzheimer’S Disease Cooperative Study (Adcs) Prevention Instrument Project Assessing Resource Use And Volunteer And Paid Work Among Healthy Elders, A Longitudinal Study, Peter J. Whitehouse

Faculty Scholarship

No abstract provided.

A Return To States' Rights Model: Amending The Constitution's Most Controversial And Misunderstood Provision, Meg Penrose

Faculty Scholarship

This Article seeks to return to the intent of the Symposium, which was to stimulate a meaningful dialogue on the modern Second Amendment. More specifically, it proposes a return to the states' rights model that predated the Supreme Court's narrow decisions in District of Columbia v. Heller and McDonald v. City of Chicago by using the Article V process set forth directly in the Constitution to address modern concerns about firearms. The proposal flows from a healthy skepticism about the role of the federal government in interpreting gun regulations, as well as a desire to avoid the inevitable follow-up decisions …

Tpp And Trans-Pacific Perplexities, Peter K. Yu

Faculty Scholarship

In the past few years, the United States has been busy negotiating the Trans-Pacific Partnership (TPP) Agreement with countries in the Asia-Pacific region. These countries include Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. Although it remains unclear which chapters or provisions will be included in the final text of the TPP Agreement, the negotiations have been quite controversial. In addition to the usual concerns about having high standards that are heavily lobbied by industries and arguably inappropriate for many participating countries, the TPP negotiations have been heavily criticized for their secrecy and lack …

Incompetent But Deportable: The Case For A Right To Mental Competence In Removal Proceedings, Fatma E. Marouf

Faculty Scholarship

Important strides are currently being made towards increasing procedural due process protections for noncitizens with serious mental disabilities in removal proceedings, such as providing them with competency hearings and appointed counsel. This Article goes even further, arguing that courts should recognize a substantive due process right to competence in removal proceedings, which would prevent those found incompetent from being deported. Recognizing a right to competence in a quasi-criminal proceeding like removal would not be unprecedented, as most states already recognize this right in juvenile adjudication proceedings. The Article demonstrates that the same reasons underlying the prohibition against trial of incompetent …

Patient Choice As A Driver Of Medication-Switching In Non-Adherent Individuals With Bipolar Disorder, Martha Sajatovic, Curtis Tatsuoka, Philipp Dines, Christopher S. Bialko, Melanie Athey, Tiffany Williams, Kristin A. Cassidy

Faculty Scholarship

Objective: Psychotropic-related weight gain is a common concern among patients with bipolar disorder (BD). This concern affects satisfaction with treatment and may lead to non-adherence and relapse. This was a 12-week, uncontrolled prospective trial of patient-choice-facilitated ziprasidone switching among non-adherent BD patients with weight concerns. This study was conducted from January 2011 to July 2012. Method: Patients were asked to identify the "offending" BD medication which they believed was causing weight problems, and this agent was replaced with ziprasidone. The primary outcome was change in adherence as measured with the Tablets Routine Questionnaire (TRQ). Secondary outcomes included medication attitudes, BD …

The End Of Alzheimer's Disease - From Biochemical Pharmacology To Ecopsychosociology: A Personal Perspective, Peter J. Whitehouse

Faculty Scholarship

The future of the Alzheimer's disease (AD) field involves a more complete understanding not only the state of current scientific approaches, but also the linguistic and cultural context of preclinical and clinical research and policy activities. The challenges surrounding dementia are large and growing but are only part of broader social and health concerns. In this latter context, the current state of research in the AD area is reviewed together with necessary priorities in moving forward. Creating a more optimistic future will depend less on genetic and reductionist approaches and more on environmental and intergenerative approaches that will aid in …

Some Reflections On The Past, Present And State-Dependent Future Of Lotteries In American Gaming Law, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

The Emotionally Intelligent Law Professor: A Lesson From The Breakfast Club, Heidi K. Brown

Faculty Scholarship

No abstract provided.

Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose

Faculty Scholarship

Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …

Towards Universal Fiduciary Principles, Tamar Frankel

Faculty Scholarship

Fiduciary relationships play an important role in civil law and common law jurisdictions. While both legal systems offer similar outcomes in upholding fiduciary law principles, the way they achieve these ends is fundamentally different. In common law jurisdictions, fiduciary law is rooted in the law of property. By contrast, in civil law jurisdictions, fiduciary principles find their source in contract law. This article seeks to reconcile these differences, by identifying universal principles that apply to both systems. The author describes the sources of fiduciary law in the common law and the civil law, then highlights underlying differences between the two …

Regulating Sovereign Wealth Funds Through Contract, Naveen Thomas

Faculty Scholarship

No abstract provided.

The Trouble With Inclusion, Yuvraj Joshi

Faculty Scholarship

No abstract provided.

Brief For Professors At Unm School Of Law As Amicus Curiae, Fry V. Lopez, George Bach

Faculty Scholarship

Argument:

This Court should reject the application of the death sentence to Robert Fry and Tim Allen for statutory and constitutional reasons. First, H.B. 285, 49th Leg., 1st Sess. (N.M. 2009) repealed the statutory authority governing execution of the death sentence. Without statutory authority, the Corrections Department cannot act. In addition, in light of the repeal of the death sentence in New Mexico, the application of the death sentence to Mr. Fry and Mr. Allen would violate the Cruel and Unusual Punishment Clause and the Equal Protection Clause of the New Mexico Constitution. An alternative basis for precluding the use …

Copyright Expert Burr Shares Love For Writing, Teaching, Sherri L. Burr

Faculty Scholarship

Sherri Burr was one of the first to offer to teach a workshop at last year’s National Federation of Press Women (NFPW) conference in Salt Lake City. I was impressed with her enthusiasm for what she does. In addition, this amazing woman lectures around the world on copyright protection, in addition to being a university professor teaching intellectual property law in New Mexico. Meet another unique, unbelievable NFPW member.

Artificial Meaning, Lawrence B. Solum

Faculty Scholarship

This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation begins in Part I with a preliminary inquiry into the meaning of “meaning,” in which the concept of meaning is disambiguated. The relevant sense of “meaning” for the purpose of this inquiry is captured by the idea of communicative content, although the phrase “linguistic meaning” is also a rough equivalent. Part II presents a thought experiment, The Chinese Intersection, which investigates the creation of artificial meaning produced by an AI that creates legal rules for the regulation of a hyper-complex conflux …

Nullification As Law, Jenny E. Carroll

Faculty Scholarship

The rule of law is central to our notion of governance and our legal system. The ideal of a knowable, regular, public law shimmers in the discourse of our democracy. It stands in sharp contrast to the arbitrary and often anarchic law of men, in which those with absolute power rule absolutely. But the devil is always in the details. To move past the idealism is to enter a contested realm where competing theories seek to claim the mantle of the rule of law. While this article cannot claim to resolve the dispute over the precise meaning or construct of …

When Women Kill Newborns: The Rhetoric Of Vulnerability, Susan Ayres

Faculty Scholarship

This chapter explores feminist jurisprudence regarding women who commit acts of violence, focusing specifically on questions of agency in neonaticide (killing a newborn). A case study approach illustrates the debate in feminist theory between same-treatment and different-treatment of women as compared to men. While some feminist criminologists urge that women who kill must be viewed the same as men (as having agency and responsibility), other feminists question this approach and point out that women who commit crimes that intersect with family law receive disproportionately harsh treatment and should be treated differently than men.

This chapter contends that the paradox raised …

In Territorio Veritas? Bringing Geographical Coherence Into The Ambiguous Definition Of Geographical Indications Of Origin, Irene Calboli

Faculty Scholarship

In this article, I touch upon a topic that remains highly controversial in international intellectual property law—the legal protection of geographical indications of origin (GIs): Chianti wine, Champagne sparkling wine, Gorgonzola cheese, Parma ham, Darjeeling tea, Colombian coffee, and other terms that indicate (or are supposed to indicate, as I will develop in this article) the geographical origin of the products they identify. In line with the theme of this special issue of the WIPO Journal, I focus on the requirement of “geographical origin” upon which the protection of GIs has been historically built and is generally justified. In particular, …

Law And Order Commission Report: “A Roadmap For Making Native America Safer.”, Kevin Washburn

Faculty Scholarship

Testimony of Kevin K. Washburn Assistant Secretary Indian Affairs United States Department of the Interior Before The Senate Committee on Indian Affairs On The Law and Order Commission Report: “A Roadmap for Making Native America Safer.”

Public Opinion And The Limits Of State Law: The Case For Federal Usury Caps, Nathalie Martin

Faculty Scholarship

Each year, states pour millions and millions of dollars of taxpayer money into regulating high-cost credit products like payday, title, and installment loans. These loans typically carry interest rates of 400-1,000% per annum. Most Americans are unaware that it is legal to charge these rates in some states. Moreover, most Americans, regardless of political affiliation, favor capping interest on consumer loans at 36% or less. While a number of states do cap interest on all consumer loans at 36% or less, the majority does not; the majority chooses instead to leave these loans unregulated or to use another regulatory approach. …

Common And Uncommon Families In The American Constitutional Order, Linda C. Mcclain

Faculty Scholarship

This essay reviews Professor Mark E. Brandon’s aptly named book, States of Union: Family and Change in the American Constitutional Order, which challenges the familiar story that the U.S. constitutional and political order have rested upon a particular, unchanging form of family – monogamous, heterosexual, permanent, and reproductive – and on the family values generated by that family form. That story also maintains that such family form and the legal norms that sustained it remained relatively undisturbed for centuries until the dramatic transformation spurred in part, beginning the 1960s, by the U.S. Supreme Court’s constitutionalizing of family and marriage through, …