Digital Commons Network^™

A Medical/Legal Teaching And Assessment Collaboration On Domestic Violence: Assessment Using Standardized Patients/Standardized Clients, Antoinette M. Sedillo Lopez, Cameron Crandall, Steve Mclaughlin, Diane Rimple, Mary Neidhart, Teresita Mccarty, Lou Clark, Carrie Martell, Gabriel Campos

Faculty Scholarship

Assessment of skills is an important, emerging topic in law school education. Two recent and influential books, Educating Lawyers published by the Carnegie Foundation and Best Practices in Legal Education, published by the Clinical Legal Education Association have both suggested dramatic reform of legal education. Among other reforms, these studies urge law schools to use outcome-based' assessments, i.e., using learning objectives and assessing knowledge and skills in standardized situations based on specific criteria, rather than simply comparing students' performances to each other.

Teaching Transactional Skills In A Clinic, Serge A. Martinez, Robert Statchen

Faculty Scholarship

Transactional matters tend to come to us more complicated as is, and there is not a transactional equivalent of the SSI hearing or a drop-in transactional clinic at a soup kitchen. In this presentation, the author reviews clinic goals, time management, and facilitating the students' ability to produces client ready documents.

Conflict Of Laws (2009), Stephanie K. Marshall, Wm Frank Carroll, James P. George

Faculty Scholarship

States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, parallel lawsuits, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This article reviews Texas conflicts cases from Texas state and federal courts during the Survey period from October 1, 2007, through September 30, 2008. The article excludes cases involving federal-state conflicts, intrastate issues such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases …

Dairies In New Mexico: The Environmental Implications Of A New Industry, Denise D. Fort, Anthony Edwards

Faculty Scholarship

The dairy industry, at first blush, might seem to be an odd growth industry for New Mexico, but the last decade has seen an extraordinary expansion of the industry in the state. The presence of the industry has consequences for the state in several domains, including water quantity and water quality, as well as economics, animal welfare and state finances. This article is an attempt to characterize these implications for water policy and to solicit insights from those who are familiar with the industry.

Patents And Growth: Empirical Evidence From The States, Glynn S. Lunney Jr

Faculty Scholarship

In the Uruguay Round, negotiators for the United States persuaded its trading partners to incorporate uniform minimum standards for the protection of intellectual property rights ("IPRs") directly into the General Agreement on Tariffs and Trade. Although individual countries may adopt higher standards for protection, the agreement on Trade Related Aspects of Intellectual Property Rights ("TRIPs") imposed on all countries the fairly high standards of protection then existing in only a relative handful of countries. Proponents of TRIPs argue that the agreement is trade-related and will prove to mutually enhance the welfare of countries that are net exporters of IPR goods, …

Massachusetts Zappers - Collecting The Sales Tax That Has Already Been Paid, Richard Thompson Ainsworth

Faculty Scholarship

No other New England state is as vulnerable to Zappers as is the State of Massachusetts. Zappers and related software programming, Phantom-ware, facilitate an old tax fraud – skimming cash receipts. In this instance skimming is performed with modern electronic cash registers (ECRs).

Zappers are a global revenue problem, but to the best of this author’s knowledge they have not been uncovered in Massachusetts. A global perspective says: it is highly unlikely that Zappers are not in the Commonwealth – we just need to find them. In fact, using a Quebec template, tax losses from Zappers and related frauds in …

Commencement Address, Cuny School Of Law, Margaret E. Montoya

Faculty Scholarship

Who we are, how we see ourselves, how we want to be seen, what we value, how our memories connect us to specific histories in specific places — we communicate this information best through narratives. In Spanish we sometimes call such stories cuentos — an accounting. I encourage all of you to take time over the next few days to celebrate your graduation, this singular accomplishment of your lives, by accounting — by telling stories to those who have helped you, held you up, fed you, wiped your tears, paid your bills. Share your recollections.

Administering Marriage: Marriage-Based Entitlements, Bureaucracy And The Legal Construction Of The Family, Kristin Collins

Faculty Scholarship

Today marriage-based entitlements are considered part and parcel of marriage itself. This was not always the case. Mining hundreds of handwritten administrative records, executive branch reports, and federal statutes, this Article traces the origins of public marriage-based entitlements to an underexamined and surprisingly broad-scale system of early nineteenth-century federal military pensions and land grants that provided financial assistance to tens of thousands of widows. The story of widows’ military subsidies challenges claims to laissez-faire liberalism’s particular hold on the nineteenth century and, as important, evidences the complex mutually constitutive relationship between marriage law and social provision for women. While traditionally …

Visual Literacy : Visual Imagery, Databases, And A Contextual Approach To Understanding Images, Margaret D. Ericson

Faculty Scholarship

No abstract provided.

Institutional Repositories: Essential Infrastructure In The Digital Age, Pamela Bluh

Faculty Scholarship

The institutional repository at the University of Maryland School of Law has evolved far beyond its original purpose to provide a permanent, digital archive of faculty publications. This presentation describes other collections that are part of the repository and outlines additional plans for future enhancements to the repository.

The Google Book Search Settlement: Ends, Means, And The Future Of Books, James Grimmelmann

Faculty Scholarship

For the past four years, Google has been systematically making digital copies of books in the collections of many major university libraries. It made the digital copies searchable through its web site--you couldn't read the books, but you could at least find out where the phrase you're looking for appears within them. This outraged copyright owners, who filed a class action lawsuit to make Google stop. Then, last fall, the parties to this large class action announced an even larger settlement: one that would give Google a license not only to scan books, but also to sell them.

The settlement …

Aggregate-Plus Theory Of Partnership Taxation, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Respect And Resistance In Punishment Theory, Alice Ristroph

Faculty Scholarship

No abstract provided.

Implied Reverse Preemption, Anita Bernstein

Faculty Scholarship

No abstract provided.

New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza

Faculty Scholarship

No abstract provided.

Aggregate-Plus Theory Of Partnership Taxation, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Putting Probability Back Into Probable Cause, Max J. Minzner

Faculty Scholarship

When deciding whether a baseball player is likely to get a hit, we look at his history of success at the plate. When deciding whether to listen to the advice of a stock analyst, we look at whether the prices of her past recommendations rose or fell. But when police officers claim that they have probable cause to believe a certain location contains evidence of a crime, we do not look at whether they have been right or wrong when they have made the same claim in the past. This is a mistake. Law-enforcement-search success rates vary widely, even when …

Enhancing The Fighting Force: Medical Research On American Soldiers, Catherine L. Annas, George J. Annas

Faculty Scholarship

During President Barack Obama's first primetime press conference, reporters asked primarily about the state of the economy and terrorism. Wedged between questions on these two vital issues was a query from the Washington Post's Michael Fletcher:

Question: What is your reaction to Alex Rodriguez's admission that he used steroids as a member of the Texas Rangers?

Obama: You know, I think it's depressing news.... And if you're a fan of Major League Baseball, I think it - it tarnishes an entire era, to some degree. And it's unfortunate, because I think there are a lot of ballplayers who played it …

The Role Of Conversation In Health Care Interventions: Enabling Sensemaking And Learning, Kurt C. Stange

Faculty Scholarship

Background. Those attempting to implement changes in health care settings often find that intervention efforts do not progress as expected. Unexpected outcomes are often attributed to variation and/or error in implementation processes. We argue that some unanticipated variation in intervention outcomes arises because unexpected conversations emerge during intervention attempts. The purpose of this paper is to discuss the role of conversation in shaping interventions and to explain why conversation is important in intervention efforts in health care organizations. We draw on literature from sociolinguistics and complex adaptive systems theory to create an interpretive framework and develop our theory. We use …

Chandra Observations Of Nuclear X-Ray Emission From Low Surface Brightness Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

We present Chandra detections of X-ray emission from the active galactic nuclei (AGN) in two giant low surface brightness (LSB) galaxies, UGC 2936 and UGC 1455. Their X-ray luminosities are 1.8 × 1042 ergs s -1 and 1.1 × 1040 ergs s-1 respectively. Of the two galaxies, UGC 2936 is radio loud. Together with another LSB galaxy UGC 6614 (XMM-Newton archival data) both appear to lie above the X-ray-radio fundamental plane, and their AGN have black hole masses that are low compared to similar galaxies lying on the correlation. However, the bulges in these galaxies are well developed, and we …

Albuquerque Journal Interviews Moore About U.S. Detention Camps, Jennifer Moore

Faculty Scholarship

Professor Jennifer Moore of the University of New Mexico School of Law said her work in international law led her to concerns that treatment of Guantanamo prisoners has created people more likely to commit acts of terrorism against the United States.

Moore, who worked with refugees of the Rwandan genocide, said that in dealing with the remaining Guantanamo prisoners, "We should keep in mind not just legality, but the legacy of how the U.S. is looking to prevent terrorism. Due process may be the strongest tool."

Concerning Theory For Performance Studies, Richard Schechner, Timothy K. Beal, William E. Deal

Faculty Scholarship

In 2007, Routledge published Theory for Performance Studies as part of its Theory 4 series, listing Philip Auslander as author. When, in August, The Chronicle of Higher Education revealed that much of the book was lifted word-for-word from the template for the series, Theory for Religious Studies by Timothy K. Beal and William E. Deal, TDR editor Richard Schechner convened via email and phone conversations a “TDR Forum,” asking leaders in the field to respond to the book and the series. Schechner and other respondents address issues of plagiarism, corporate takeovers of academic publishing, and the dumbing down of performance …

Enforcing Judgments Across State And National Boundaries: Inbound Foreign Judgments And Outbound Texas Judgments, James P. George

Faculty Scholarship

Litigation between parties in different states has been common since the success of the railroads and telegraph in the late nineteenth century. International litigation--suits involving parties from different countries--is now routine. In spite of that routine, lawyers continue to face enforcement obstacles when suing a defendant from another state or country. Similarly, defendants perceive unfairness from judgments rendered far away. Those enforcement obstacles and instances of unfairness have been lessened by uniform enforcement statutes and a few treaties, but the rules remain elusive.

This Article provides a cursory outline for most foreign-judgment enforcement issues that Texas attorneys will face. It …

American Civil Religion: An Idea Whose Time Is Past, Frederick Mark Gedicks

Faculty Scholarship

From the founding of the United States, Americans have understood loyalty to their country as a religious and not just a civic commitment. The idea of a 'civil religion' that defines the collective identity of a nation originates with Rousseau, and was adapted to the United States Robert Bellah, who suggested that a peculiarly American civil religion has underwritten government and civil society in the United States.

Leaving aside the question whether civil religion has ever truly unified all or virtually all Americans, I argue that it excludes too many Americans to function as such a unifying force in the …

Amended Article 2: What Went Wrong, William H. Henning

Faculty Scholarship

This symposium issue explores two related questions: 1) Is the current version of Article 2 of the Uniform Commercial Code (U.C.C., or Code) satisfactory for dealing with modem sales-law issues; and 2) What problems are likely to arise as a result of amended Article 2's failure in the legislatures? My answer to the first question is "probably not, but it will have to do." The original article was drafted when manufacturers' warranties were rare and electronic contracting and products that combine goods and software were unknown. Although brilliant in conception, the drafting is often confusing and even sloppy. Judging from …

Constraining The Nfw Potential With Observations And Modeling Of Low Surface Brightness Galaxy Velocity Fields, Stacy S. Mcgaugh, J. Christopher Mihos

Faculty Scholarship

We model the Navarro-Frenk-White (NFW) potential to determine if, and under what conditions, the NFW halo appears consistent with the observed velocity fields of low surface brightness (LSB) galaxies. We present mock DensePak Integral Field Unit (IFU) velocity fields and rotation curves of axisymmetric and nonaxisymmetric potentials that are well matched to the spatial resolution and velocity range of our sample galaxies. We find that the DensePak IFU can accurately reconstruct the velocity field produced by an axisymmetric NFW potential and that a tilted-ring fitting program can successfully recover the corresponding NFW rotation curve. We also find that nonaxisymmetric potentials …

Quebec's Module D'Enregistrement Des Ventes (Mev): Fighting The Zapper, Phantomware And Tax Fraud With Technology, Richard Thompson Ainsworth

Faculty Scholarship

On January 28, 2008 the Quebec Minister of Revenue, Jean-Marc Fournier, announced that by late 2009 the MRQ will begin testing a device, the module d'enregistrement des ventes (MEV) that is projected to substantially reduce tax fraud in the restaurant sector. By 2010 or 2011 MEVs will be mandatory in all Quebec restaurants, where they will assure accuracy and retention of business records within electronic cash registers (ECRs).

This paper moves beyond a discussion of the variety of sales suppression programs in use - zappers and phantom-ware. The concern here is on enforcement efforts, particularly the MEV. The intent is …

Transfer Pricing In Vat/Gst Vs. Direct Taxation: A Paper On The Topic Of Relations Between Associated Companies, Richard Thompson Ainsworth

Faculty Scholarship

This paper considers transfer pricing in VAT/GST and direct taxes, one of a range of tax relationships that flow between associated companies. The topic necessarily proposes an inquiry into vertical harmonization of transfer pricing norms alongside an assessment of present efforts to horizontally harmonize transaction values.

Stated differently, the vertical inquiry is: should the same transaction between the same associated enterprises be valued in the same manner by a single country in VAT/GST and direct taxes? The horizontal effort is: should two jurisdictions treat transactions between associated enterprises within their respective jurisdictions in the same manner in VAT/GST and direct …

California Zappers: A Proposal For The Commission For The 21st Century Economy, Richard Thompson Ainsworth

Faculty Scholarship

California has not uncovered a single instance of technology-assisted cash skimming - there are no zappers, and no phantomware in California. Is this because Californians are not skimming cash sales with technology, or is this because the California technology works so well that the fraud cannot be detected?

The record in foreign jurisdictions is reasonable clear. Automated sales suppression technology is widely used to skim cash sales, denying the state revenues from consumption taxes that have been paid by the consumer, reducing taxable business profits, and funding a cash hoard out of which unreported employee wages are paid. Government studies …

Muslims In Canon Law, Ca. 650–1000, David M. Freidenreich

Faculty Scholarship

No abstract provided.