Digital Commons Network^™

Comparisons Compared: A Methodological Survey Of Comparisons Of Religion From ‘A Magic Dwells’ To A Magic Still Dwells, David M. Freidenreich

Faculty Scholarship

No abstract provided.

Agroforestry, Elephants, And Tigers: Balancing Conservation Theory And Practice In Human-Dominated Landscapes Of Southeast Asia, Philip J. Nyhus, R L. Tilson

Faculty Scholarship

Large mammal populations theoretically are best conserved in landscapes where large protected areas are surrounded by buffer zones, connected by corridors, and integrated into a greater ecosystem. Multi-use buffer zones, including those containing complex agroforestry systems, are promoted as one strategy to provide both economic benefits to people and conservation benefits to wildlife. We use the island of Sumatra, Indonesia to explore the benefits and limitations of this strategy. We conclude that conservation benefits are accrued by expanding the habitat available for large mammals but more attention needs to be focused on how to reduce and respond to human–wildlife conflict …

Characterizing Human-Tiger Conflict In Sumatra, Indonesia: Implications For Conservation, Philip J. Nyhus, Ronald Tilson

Faculty Scholarship

Human-tiger conflict occurs in Indonesia but there is little recent information about the scope of the problem, and adequate policies are not in place to address the conflict. Published and unpublished reports of conflict between Sumatran tigers Panthera tigris sumatrae, people and their livestock were collected and analysed to characterize the extent, distribution and impact of human-tiger actively conflict on the island of Sumatra, Indonesia. Reportedly, between 1978 and 1997, tigers killed 146 people and injured 30, and killed at least 870 livestock. Conflict was less common in protected areas and more common in inter- mediate disturbance areas such as …

The New Moralizers: Transforming The Conservative Legal Agenda, David A. Super

Faculty Scholarship

The essential elements of a wide range of social policies can be described in terms of responses to three basic questions. First, what burdens must the innocent carry? Second, what burdens must the blameworthy bear? And third, how does society assess blame? This Essay examines the increasingly successful efforts of a faction of social conservatives, called here the new moralizers, to reshape the resolution of each of these three issues and with them a wide range of social policies. Although the relative importance of these three questions has varied over time, the twentieth century saw a movement away from costly …

The Political Economy Of Entitlement, David A. Super

Faculty Scholarship

Debates over “entitlements” have lacked conceptual clarity because the term has at least six analytically distinct meanings. The psychological “entitlements” that many attack are distinct from the legalistic “entitlements” that others champion. Most importantly, however, entitlements are economic concepts. A benefit provided to all claimants meeting state eligibility requirements can be termed a “responsive entitlement”; its antithesis is a program that arbitrarily caps participation. Similarly, a program whose benefits are defined by the amount required to accomplish some specific purpose is a “functional entitlement; it may be juxtaposed with one providing only an arbitrary sum. The market through which public …

A Perfect Storm: Mercury And The Bush Administration, Rena I. Steinzor, Lisa Heinzerling

Faculty Scholarship

In December 2003, the Environmental Protection Agency (EPA) proposed a rule for mercury emissions from power plants and issued a final rule for mercury emissions from chlor-alkali facilities. Regarding power plants, EPA had previously found that mercury posed the most serious threat among the hazardous air pollutants emitted by power plants, and also that regulation of mercury from power plants was appropriate and necessary under section 112 of the Clean Air Act, which requires stringent technology-based regulation for hazardous air pollutants. Despite section 112's clear rejection of emissions trading as a compliance option, EPA has proposed to allow commercial trading …

Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Citizen Suits And Sustainability, John C. Dernbach

Faculty Scholarship

No abstract provided.

Making Sustainable Development Happen: From Johannesburg To Albany, John C. Dernbach

Faculty Scholarship

No abstract provided.

Recognizing Friends Amidst The Rubble: Seeking Truth Outside The Culture Wars, Randy Lee

Faculty Scholarship

No abstract provided.

When Would Jesus Sue: Tort Law In The Hands Of Christ, Randy Lee

Faculty Scholarship

No abstract provided.

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli

Faculty Scholarship

This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …

Bidder Collusion And Antitrust Law: Refining The Analysis Of Price Fixing To Account For The Special Features Of Auction Markets, Robert C. Marshall, Michael J. Meurer

Faculty Scholarship

Courts and commentators have painstakingly analyzed antitrust policy toward horizontal price fixing, but surprisingly, one of the most common forms of price fixing--bidder collusion-has escaped the sustained attention of antitrust lawyers. We attribute this inattention to the mistaken belief that the economics of bidder collusion is essentially equivalent to the economics of price fixing in posted-price markets. However, there are significant differences regarding the economics of collusion in auction and procurement markets as compared to posted-price markets, and we derive antitrust policy recommendations that apply specifically to bidder collusion in this article.

Claims For Protection Based On Religion Or Belief: Analysis And Proposed Conclusions, Karen Musalo

Faculty Scholarship

No abstract provided.

Making A Federal Case Of It: Sabri V. United States And The Constitution Of Leviathan, Gary S. Lawson

Faculty Scholarship

The popular expression “Don't make a federal case out of it!” only makes sense if federal involvement is something unusual or special that is reserved for matters of urgent national interest. It assumes that a “federal case” is, or at least ought to be, something relatively rare and noteworthy.

For the founding generation, federal involvement in people's affairs, especially through the criminal law, was in fact a relatively rare and noteworthy event. In The Federalist, James Madison told the citizens of New York that the powers of the proposed new national government “will be exercised principally on external objects, as …

When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber

Faculty Scholarship

Citizens use the initiative process to make new laws. Many winning initiatives, however, are altered or ignored after Election Day. We examine why this is, paying particular attention to several widely-ignored properties of the post-election phase of the initiative process. One such property is the fact that initiative implementation can require numerous governmental actors to comply with an initiative’s policy instructions. Knowing such properties, the question then becomes: When do governmental actors comply with winning initiatives? We clarify when compliance is full, partial, or not at all. Our findings provide a template for scholars and observers to better distinguish cases …

Toward An Indigenous Jurisprudence Of Rape, Sarah Deer

Faculty Scholarship

This article sets forth some preliminary issues and perspectives for the development of indigenous models of rape jurisprudence. Part I examines the reasons for and importance of developing an indigenous jurisprudence of rape. Part II addresses tribal jurisdiction issues, particularly the current limitations on tribal authority. Part III provides a historical context for the issue, including examples of the role of colonization in the responses to sexual violence. Part IV shares some visions for the development of a contemporary jurisprudence of rape for indigenous nations.

A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan's Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli

Faculty Scholarship

In light of the historical change in the law of seditious libel that New York Times v. Sullivan (1964) prompted and the need for further exploration of the human factors behind the case, this article gives attention to William Brennan’s judicial philosophy at work in the case. The article defines judicial philosophy as a system of guiding principles upon which a judge calls in the process of legal decision-making. Specifically, the article explains how, through Times v. Sullivan, Brennan’s instrumentalist judicial philosophy had an important influence on changing the course of legal protection for criticism of the government in the …

The Private Foundation's Topsy Turvy Road In The American Political Process, William H. Byrnes Iv

Faculty Scholarship

This article studies this American political debate on the charitable tax exemption from 1864 to 1969, in particular, the debate regarding philanthropic, private foundations. The article's premise is that the debate's core has little evolved since that between the 1850s and 1870s. To create perspective, a short brief of the modern economic significance of the foundation sector follows. Thereafter, the article begins with a review of the preand post-colonial attitudes toward charitable institutions leading up to the 1800s debates, illustrating the incongruity of American policy regarding whether and to what extent to grant charities tax exemption. The 1800s state debates …

Birth After Death: Perpetuities And The New Reproductive Technologies, Sharona Hoffman, Andrew P. Morriss

Faculty Scholarship

The Rule Against Perpetuities ("Rule" or "RAP") has long terrorized law students and lawyers alike: "no interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest." Despite this deceptively simple formulation, the Rule's complexities have bedeviled generations of property students and practitioners on both sides of the Atlantic. Reformers argue that the Rule's complexity is unnecessary to achieve the Rule's objectives and turns it into merely a malpractice trap.

Despite this "reign of terror," the Rule continues to apply in various forms in most …

Settlement Advocacy, Kay Elkins-Elliott, Frank W. Elliott

Faculty Scholarship

For many years, law schools have based most of their "practical" instruction on the adversary system's last choice: trials and appeals. First year students are taught how to write an appellate brief and how to make an appellant argument. Maybe this is good, since the odds are that any given student will never again write a brief or make such an argument. After the first year of law school, students are swept into trial advocacy courses, mock trial competitions, and appellate advocacy competitions: learning how to influence the minds of jurors and appellate judges. We all know that these activities …

Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Mothers' Dreams: Abortion And The High Price Of Motherhood, Joan C. Williams, Shauna L. Shames

Faculty Scholarship

No abstract provided.

Difficult Decisions During Wartime: A Letter From A Non–Alien In An Internment Camp To A Friend Back Home, Frank H. Wu

Faculty Scholarship

No abstract provided.

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Faculty Scholarship

No abstract provided.

An Offer You Can't Revoke, Charles L. Knapp

Faculty Scholarship

No abstract provided.

The Lost History Of Apprendi And The Blakely Petition For Rehearing, Rory K. Little, Teresa Chen

Faculty Scholarship

No abstract provided.

The Laudable South Carolina Court Rules Must Be Broadened, Richard Zitrin

Faculty Scholarship

No abstract provided.

Bioethical Malpractice: Risk And Responsibility In Human Research, Barbara A. Noah

Faculty Scholarship

This Article provides an overview of Institutional Review Board (IRB) operations, reviews the sources of regulatory guidance, and examines the weaknesses of the existing system for the protection of human research subjects. It then discusses the scant case law relating to IRB negligence in the protection of human research subjects and explores some hypothetical circumstances under which it may be appropriate to hold a board accountable for injuries to clinical trial participants. Finally, this Article considers the potential consequences of expanded IRB liability, concluding that tort lawsometimes may serve an important function as a catalyst to regulatory reform when professional …