Digital Commons Network^™

No Badges, No Bars: A Conspicuous Oversight In The Development Of An International Criminal Court, Mary Margaret Penrose

Faculty Scholarship

If the ICC is truly to become a world criminal court, then this body should begin to clothe itself with all the traditional components of a criminal justice system. A successful international criminal court cannot be dependent on the political will of so-called cooperating states. Crimes that fall within the jurisdiction of the ICC should be subject to prosecution by the court, which requires that there exist some body or agency capable of enforcing indictments and arresting suspected individuals. A court is but one piece of a greater body of criminal justice. In addition to the need for contemporaneous and …

The Modest Promise Of Children’S Relationship Rights, David D. Meyer

Faculty Scholarship

No abstract provided.

A Six-Three Rule: Reviving Consensus And Deference On The Supreme Court, Jed Handelsman Shugerman

Faculty Scholarship

Over the past three decades, the Supreme Court has struck down federal statutes by a bare majority with unprecedented frequency. This Article shows that five-four decisions regularly overturning acts of Congress are a relatively recent phenomenon, whereas earlier Courts generally exercised judicial review by supermajority voting.

One option is to establish the following rule: The Supreme Court may not declare an act of Congress unconstitutional without a two-thirds majority. The Supreme Court itself could establish this rule internally, just as it has created its nonmajority rules for granting certiorari and holds, or one Justice who would otherwise be the fifth …

Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan

Faculty Scholarship

The global move towards a trade regime has been impeded by challenges of poverty and health crisis for the developing nations. Until now, the developed nations have touted the establishment of a trade regime as envisaged under TRIPS as the solution for the national challenges. This paper examines the effectiveness of TRIPS as a mechanism to move towards a trade regime. It argues that the patent policy in TRIPS cannot gear the world towards patent harmonization but can potentially adversely impact the developed nations and the post-world war trade structure. The impediments affecting the effectiveness of TRIPS as a harmonizing …

Technology And Learning By Factory Workers: The Stretch-Out At Lowell, 1842, James Bessen

Faculty Scholarship

In 1842 Lowell textile firms increased weaving productivity by assigning three looms per worker instead of two. This marked a turning point. Before, weavers at Lowell were temporary and mostly literate Yankee farm girls; afterwards, firms increasingly hired local residents, including illiterate and Irish workers. An important factor was on-the-job learning. Literate workers learned new technology faster, but local workers stayed longer. These changes were unprofitable before 1842, and the advantages of literacy declined over time. Firm policy and social institutions slowly changed to permit deeper human-capital investment and more productive implementation of technology

Estate Tax Repeal Under Egtrra: A Proposal For Simplification, Sergio Pareja

Faculty Scholarship

This Article generally discusses the Economic Growth and Tax Relief Reconciliation Act of 2001 and proposes a relatively simple change that would simplify and reduce the costs of estate planning. Specifically, the Article proposes that the first spouse's unused basis step-up should be transferred to the surviving spouse automatically at the death of the first spouse

Are County Officials Liable For Forcibly Executing A Search Warrant Against A Sovereign Indian Tribe, John P. Lavelle

Faculty Scholarship

No abstract provided.

A Limit On The Cosmological Mass Density And Power Spectrum From The Rotation Curves Of Low Surface Brightness Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

The concentrations of the cuspy dark matter halos predicted by simulations of cold dark matter are related to the cosmology in which the halos form. Observational constraints on halo concentration therefore map into constraints on cosmological parameters. In order to explain the observed concentrations of dark matter-dominated low surface brightness galaxies, we require a cosmology with rather little power on galaxy scales. Formally, we require σ 8Γ0.6 < 0.23, where Γ0.6 is a modified shape parameter appropriate to this problem. Practically, this means that either Ωm < 0.2 or σ8 < 0.8. These limits apply as long as we insist that the cuspy halos found in simulations must describe the halos of low surface brightness galaxies. A low-density cosmology helps with the low observed concentrations, but it offers no explanation of the many cases where the shape of the density profile deviates from the predicted cuspy form. These cases must have suffered very extensive mass redistribution if the current halo formation picture is not to fail outright. It is far from clear whether any of the mass redistribution mechanisms that have been suggested (e.g., feedback) are viable.

Current Issues In Native American Law, Gloria Valencia-Weber, Taiawagi Helton, Paul Frye, Samuel Winder, John Echohawk

Faculty Scholarship

Report of the Proceedings of the Judicial Conference of the United States Court of Appeals for the Tenth Circuit.

Transcribed conference panel session: Gloria Valencia-Weber focuses her segment on important language on Indian sovereignty in the Nevada v. Hicks case.

Vinpocetine For Cognitive Impairment And Dementia, Peter J. Whitehouse

Faculty Scholarship

Background: Vinpocetine is a synthetic ethyl ester of apovincamine, a vinca alkaloid obtained from the leaves of the Lesser Periwinkle (Vinca minor) and discovered in the late 1960s. Although used in human treatment for over twenty years, it has not been approved by any regulatory body for the treatment of cognitive impairment. Basic sciences studies have been used to claim a variety of potentially important effects in the brain. However, despite these many proposed mechanisms and targets, the relevance of this basic science to clinical studies is unclear. Objectives: To assess the efficacy and safety of vinpocetine in the treatment …

Wildlife Knowledge Among Migrants In Southern Sumatra, Indonesia: Implications For Conservation, Philip J. Nyhus, Sumianto Tilson, Ronald Tilson

Faculty Scholarship

The value of traditional ecological knowledge for biodiversity research and conservation is widely recognized. The value of wildlife knowledge provided by recent migrants is less clear. Photographs of 10 mammal species were shown to 622 individuals in communities near Way Kambas National Park in Sumatra, Indonesia, to assess wildlife knowledge among recent migrants and to identify socio-economic variables that can be used to identify more knowledgeable informants. Knowledge scores were categorized by taxonomic family, genus and species. Large, charismatic and abundant animals were identified more frequently than smaller and more secretive animals. Higher knowledge scores were significantly associated with males, …

Picturing Efficiency: Precisionism, Scientific Management, And The Effacement Of Labor, Sharon L. Corwin

Faculty Scholarship

In the early decades of the twentieth century, the pursuit of efficiency came to dominate instances of industrial and artistic production: the engineering consultants Frank and Lillian Gilbreth attempted to visualize a language of minimal waste, while Precisionist art achieved its own aesthetic of efficiency. This essay examines the Precisionist project alongside the discourses of the rationalized factory and suggests a relationship between the formal economy of Precisionism and the rhetoric of scientific management. For Precisionist art and the Gilbreths' time-motion studies, the representation of efficiency ultimately entailed the elision of artist and worker as producers of labor.

Normative Copyright: A Conceptual Framework For Copyright Philosophy & Ethics, Jon M. Garon

Faculty Scholarship

As copyright issues have moved towards the forefront of popular culture, trade, and the Supreme Court docket, we have lost sight of the first principles framed copyright’s development. This article reviews and identifies legal and conceptual framework that serves as the legal foundation for recognition of copyright and the social basis for acceptance of copyright by the general public. The article discusses the basis for legitimacy of copyright. The article explores various theoretical underpinnings of copyright, critiques the more recent approaches to copyright, assessing copyright as an intangible and as a natural right, reviews the traditional economic and incentive-based rationales …

Democratic Legitimacy In Human Rights: The Future Of International Decision-Making, Douglas Lee Donoho

Faculty Scholarship

No abstract provided.

'What's Love Got To Do With It?' - 'It's Not Like They're Your Friends For Christ's Sake' : The Complicated Relationship Between Lawyer And Client, Robert J. Condlin

Faculty Scholarship

Should lawyers love their clients and try to be their friends? Highly regarded legal scholars have defended the “lawyer-as-friend” analogy in the past, although usually on the basis of a more contractual understanding of friendship than the understanding currently in vogue. These past efforts were widely criticized on a variety of grounds, and after a period of debate, support for the analogy appeared to wane. That is until recently, when other scholars, looking at the topic from a more religious perspective, have asserted a refined version of the friendship analogy as the proper model for lawyer-client relations. It is this …

Pay No Attention To That Man Behind The Robe: Judicial Elections, The First Amendment, And Judges As Politicians, Michael R. Dimino

Faculty Scholarship

No abstract provided.

The New Federalism: Discerning Truth In American Myths And Legends, Randy Lee

Faculty Scholarship

No abstract provided.

‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M Moringiello

Faculty Scholarship

No abstract provided.

Cognitive Foundation Of The Impulse To Blame, Lawrence Solan

Faculty Scholarship

No abstract provided.

Grief, Procedure And Justice: The September 11th Victim Compensation Fund, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin

Faculty Scholarship

No abstract provided.

Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma

Faculty Scholarship

No abstract provided.

Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers

Faculty Scholarship

No abstract provided.

Reexamining The Posse Comitatus Act: Toward A Right To Civil Law Enforcement, Sean J. Kealy

Faculty Scholarship

The military is currently prohibited by federal statute from participating in domestic law enforcement. The Posse Comitatus Act of 1878 ("PCA") establishes criminal penalties for people who willfully use members of the Army or the Air Force to execute the laws. Although a product of the Reconstruction Era, this law reflects a strong American tradition against the domestic use of the military that stretches back before the founding of the nation.

Towards A Legal History Of American Criminal Theory: Culture And Doctrine From Blackstone To The Model Penal Code, Gerald F. Leonard

Faculty Scholarship

Long before the birth of American law, English criminal jurisprudence had firmly established the general proposition that crime required not just a guilty act but a guilty mind. Coke’s maxim to that effect, actus non facit reum nisi mens sit rea, is still frequently deployed by courts and scholars alike. So is the phrase coined by Blackstone to describe that guilty mind: the “vicious will” that must be present for an act to become a crime. In another great maxim, however, Holmes said that “general propositions do not decide concrete cases.” It is not too shocking, then, that these general …

The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado

Faculty Scholarship

Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its limitation is that it treats race as exogenous and static. Thus, the literature fails to consider how institutional norms affect, and are affected by, race. To put the point another way, L&E does …

Seventh Aspect Of Self-Hatred: Race, Latcrit, And Fighting The Status Quo, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

Constitutional Analogies In The International Legal System, Laurence R. Helfer

Faculty Scholarship

This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and …

Foreword: Nafta As A Lesson For Globalization, Elizabeth Trujillo

Faculty Scholarship

Since its enactment, NAFTA has impacted international business among its members and it has awakened concerns of the environmental and labor challenges that the participating countries face as they move toward economic integration. Among the many challenges, coping with the economic, legal, and cultural differences that exist among the partners has been difficult. The nations must continue to work together to harmonize their laws in such a way that allows for easier integration without impeding their sovereign power to enact laws that address local needs. At the conference entitled “NAFTA at Ten: Harmonization and Legal Transformation,” held on June 14-15, …