Digital Commons Network^™

Second Affidavit In Duluth V. Fond Du Lac Band Of Lake Superior Chippewa, Kevin Washburn

Faculty Scholarship

No abstract provided.

Five Questions About Non-Muslim Meat: Toward A New Appreciation Of Ibn Qayyim Al-Ǧawziyyah’S Contribution To Islamic Law, David M. Freidenreich

Faculty Scholarship

No abstract provided.

Holiness And Impurity In The Torah And The Quran: Differences Within A Common Typology, David M. Freidenreich

Faculty Scholarship

In sharp contrast to the Torah’s hierarchical conception of society, the Quran articulates an egalitarian worldview in which all humanity has equal access to the holiness that comes from being in relationship with God. Quranic egalitarianism serves to undermine biblically-grounded Jewish and Christian claims to elevated status. The significant differences in quranic and biblical discourse about both holiness and the antithetical state of impurity, however, can best be understood as existing within the framework of a common typology. Both the Torah and the Quran distinguish between impurity that results from physiological events and impurity caused by sin. These works, moreover, …

Ties That Bind: Hiram Powers' "Greek Slave" And Nineteenth-Century Marriage, Lauren K. Lessing

Faculty Scholarship

On an April evening in 1859, Louise Corcoran, the only child of fabulously wealthy banker, philanthropist, and art collector William Wilson Corcoran, married George Eustis Jr., a United States congressman from Louisiana, in her father’s Washington, D.C., mansion. A “select circle” of more than one thousand guests witnessed the ceremony, which took place in Corcoran’s private art gallery. Writing of the wedding for Harper’s Weekly, George Washington Jenkins noted that one of the original versions of Hiram Powers’s celebrated marble statue The Greek Slave stood at one end of the gallery, “in a bay window which forms a fitting shrine.” …

John B. West: Founder Of The West Publishing Company, Robert M. Jarvis

Faculty Scholarship

Robert Jarvis, John B. West: Founder of the West Publishing Company, 50 American Journal of Legal History 1 (2010). Explores the career of John B. West (1852-1922), founder of the West Publishing Company, and discusses the reasons why he has become a forgotten man, ignored by the company that bears his name and all but unknown in the profession he single-handedly revolutionized.

Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman

Faculty Scholarship

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce a …

Statutory Interpretation In The Age Of Grammatical Permissiveness: An Object Lesson For Teaching Why Grammar Matters, Susan J. Hankin

Faculty Scholarship

This article uses an unpublished case interpreting New York’s animal cruelty law as an object lesson to teach why grammar matters. In People v. Walsh, 2008 WL 724724 (N.Y. Crim. Ct. Jan. 3, 2008), the court’s interpretation of the statute turned, in part, on the serial comma rule (sometimes called the “Oxford comma” rule). The court followed a mandatory approach to interpret the statute’s meaning, even though most contemporary grammar and style books make such use of a comma optional. One of the many benefits of using a case example to teach why grammar matters is that it focuses students …

Trusting (And Verifying) Online Intermediaries' Policing, Frank A. Pasquale

Faculty Scholarship

All is not well in the land of online self-regulation. However competently internet intermediaries police their sites, nagging questions will remain about their fairness and objectivity in doing so. Is Comcast blocking BitTorrent to stop infringement, to manage traffic, or to decrease access to content that competes with its own for viewers? How much digital due process does Google need to give a site it accuses of harboring malware? If Facebook censors a video of war carnage, is that a token of respect for the wounded or one more reflexive effort of a major company to ingratiate itself with the …

Some Skepticism About Search Neutrality, James Grimmelmann

Faculty Scholarship

In the last few years, some search-engine critics have suggested that dominant search engines (i.e. Google) should be subject to “search neutrality” regulations. By analogy to network neutrality, search neutrality would require even-handed treatment in search results: It would prevent search engines from playing favorites among websites. Academics, Google competitors, and public-interest groups have all embraced search neutrality.

Despite this sudden interest, the case for search neutrality is too muddled to be convincing. While “neutrality” is an appealing-sounding principle, it lacks a clear definition. This essay explores no fewer than eight different meanings that search-neutrality advocates have given the term. …

Solomon And Strikes: Labor Activity, The Contract Doctrine Of Impossibility Or Impracticability Of Performance, And Federal Labor Policy, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

What Virtual Worlds Can Do For Property Law, Juliet M Moringiello

Faculty Scholarship

No abstract provided.

The One And Only Substantive Due Process Clause, Ryan Williams

Faculty Scholarship

No abstract provided.

Reinventing Regulation/Reinventing Accountability: Judicial Review In New Governance Regimes., William D. Araiza

Faculty Scholarship

No abstract provided.

Wiki Authorship, Social Media And The Curatorial Audience, Jon M. Garon

Faculty Scholarship

Wikis have become an important source of information and a go-to destination on the Internet. The shared authorship and social editing represents an increasingly influential model for content creation and dissemination which will continue growing in prominence for education, training, news gathering and entertainment. Wiki authors undertake their participation based on their agreements regarding the ownership, attribution and integrity of the copyrighted material they contribute. To accomplish the goals of the wiki, both copyright law and contractual licenses are needed allow unlimited republication, editing (or creation of derivative works), and waiver of control (or integrity) over the resulting publication. Wikis …

Virtual Territoriality, Edward J. Janger

Faculty Scholarship

No abstract provided.

La Caja De Pandora: Improving Access To Hospice Care Among Hispanic And African-American Patients, Kathy L. Cerminara, Alina M. Perez

Faculty Scholarship

Many patients clinging to hope in the form of potentially curative treatment could benefit from hospice services, but, for the most part, it is not until the patient accepts the finality of his or her condition that the physical, psychological and social benefits of hospice care become accessible to the patient and his or her family. Under current Medicare regulations and other health care payers’ policies, patients must abandon the hope of curative treatment before opting for hospice services. As a result, many terminally ill patients access the services late, sometimes a few hours before death. Scholars have proposed that …

Law School Histories: A Panel Discussion, Robert M. Jarvis

Faculty Scholarship

No abstract provided.

Leverhulme Lecture: The Global Financial Crisis And Systemic Risk, Steven L. Schwarcz

Faculty Scholarship

Lecture given November 9, 2010, is the first of three delivered by Prof. Schwarcz as Leverhulme Visiting Professor of Law, Oxford University. Prof. Schwarz examines the causes of the global financial crisis, showing it was triggered by market failures, not by financial institution failures, and arguing that any regulatory framework for managing systemic risk must address markets as well as institutions. The lecture also analyzes how regulation should be designed under that broader framework to mitigate systemic risk and its consequences. Finally, the lecture examines the potential systemic effects of sovereign debt crises, demonstrating how regulation can mitigate those effects.

Role Of Extended Release Quetiapine In The Management Of Bipolar Disorders, Martha Sajatovic

Faculty Scholarship

Atypical antipsychotics have become a widely utilized component of the bipolar disorder treatment armamentarium, with approximately 45% of bipolar patients prescribed atypicals. Over the last decade all atypical drugs except for clozapine have received a Food and Drug Administration (FDA) bipolar indication. In October 2008, the FDA approved quetiapine XR monotherapy for the treatment of acute depressive episodes of bipolar disorder and acute manic or mixed episodes in bipolar I disorder based on two placebo-control trials. Quetiapine was also approved as adjunct therapy with lithium and divalproex for the treatment of acute manic or mixed episodes as well as maintenance …

Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers

Faculty Scholarship

No abstract provided.

The Rhetoric Of Catharsis And Change: Law School Autobiography As A Nonfiction Law And Literature Subgenre, Carlo A. Pedrioli

Faculty Scholarship

To date, little scholarship, if any, has addressed the autobiographies of law students, which have appeared in law review articles and books since at least the late 1970s. This shortcoming of law and literature scholarship in the nonfiction genre of autobiography is problematic. In the interest of understanding diverse perspectives in the legal community, legal scholars with autobiographical interests ought to give attention to the autobiographies of different individuals in this community, including the law students who will be the future members of the profession. Also, this shortcoming leaves a gap in the narrative discourse of the law since lawyers …

After Medellin V. Texas, Will U.S. Commitments In International Extradition Cases Be Enforceable?, Mark A. Summers

Faculty Scholarship

No abstract provided.

The Case For Stewart Over Harlan On 24/7 Physical Surveillance, Afsheen John Radsan

Faculty Scholarship

This Article explains why the government’s physical surveillance can reach a point in terms of duration and intensity that it becomes a “search” under the Fourth Amendment. As references, Katz v. United States and Kyllo v. United States stand out from the canon. Katz, decided in 1967, swept away a prior emphasis on property rights and trespass laws to hold that the electronic monitoring of a phone booth was a search. Since then, the two-part test from Justice Harlan’s concurring opinion has received as much attention as the totality-of-the-circumstances test in Justice Stewart’s majority opinion. Kyllo, decided just months before …

Is Ashcroft V. Iqbal The Death (Finally) Of The “Historical Test” For Interpreting The Seventh Amendment?, Kenneth S. Klein

Faculty Scholarship

There is the possibility that the recent Supreme Court decision of Ashcroft v. Iqbal finally will be the necessary impetus to revisit one of the more bizarre but enduring canards of American jurisprudence -- the way we interpret the Seventh Amendment's preservation of a right to a jury trial in federal civil litigation. The Seventh Amendment provides that "[i]n suits at common law ... the right of trial by jury shall be preserved." To this day, the way we apply the Seventh Amendment-in other words, what we interpret to be the constitutional intent and mandate of our Founders-is to postulate …

Following The Money – The Chaotic Kerfuffle Over Residential Insurance Proceeds That Simultaneously Are The Only Rebuild Funds And The Only Mortgage Collateral, Kenneth S. Klein

Faculty Scholarship

In an average year in the United States, 30,000 homes are lost to fire, flood, or another similar disaster. In 2003, one of those homes was mine. Since that time, I have spent literally thousands of hours counseling hundreds of survivors of other disasters (including wildfires, Hurricane Katrina, and the crash of a military jet into a residential neighborhood) on the unique set of emotional, financial, and legal challenges that define their road to recovery. One of the recurring and yet repetitively unanticipated challenges is the tug of war between homeowners and their mortgage lender/mortgage servicer over money. That challenge …

Transborder Licensing: A New Frontier For Job Creation, Andrea L. Johnson

Faculty Scholarship

This Article explores why entrepreneurs should consider transborder licensing as a way to increase markets and create jobs. While transborder licensing can involve both goods and services, this Article focuses on exporting nondefense, non-security-related services and intellectual capital, and it explores how the U.S. government can facilitate the development of an industry of support professionals to help U.S. companies navigate through the regulatory complexities.

Part II of this Article will discuss exports generally and explain the life cycle of a typical patent. Part III will show how current population and foreign business ownership trends necessitate studying how trade is conducted …

Narratives Of Diversity In The Corporate Boardroom: What Corporate Insiders Say About Why Diversity Matters, Kimberly D. Krawiec, Lissa Lamkin Broome, John M. Conley

Faculty Scholarship

Over the last generation, the concept of diversity has become commonplace and taken-for-granted in discourses ranging from law to education to business. In higher education, for example, it is hard to imagine a faculty job search or a student admissions discussion that was not heavily laden with talk of diversity, in the sense of the representative inclusion of women and racial and ethnic minorities in a group or organization. In this paper we present the results of an interview-based study of the discourse of diversity in a particular business setting: the corporate boardroom. Our principal observation is that—thirty-one years after …

What Does It Take To Make A Federal System? On Constitutional Entrenchment, Separate Spheres, And Identity, Ernest A. Young

Faculty Scholarship

No abstract provided.

Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.

Leveraging A Library Collection Through Collaborative Digitization Ventures, Femi Cadmus, Fred Shapiro

Faculty Scholarship

No abstract provided.