Digital Commons Network^™

Adding A Little Gold To The Golden Years: Should The European Union Prohibit Compulsory Retirement As Aged-Based Discrimination In Employment?, Roger J. Goebel

Faculty Scholarship

On October 2, 1997, the Member States of the European Union signed the Treaty of Amsterdam which amended the European Community Treaty (ECT). Among the Amsterdam Treaty's most important new provisions was ECT Article 13, which authorized the Council of Ministers, acting unanimously, to "take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief disability, age or sexual orientation." The Council acted with surprising rapidity to adopt Directive 2000/78, which prohibits discrimination in employment on all the listed bases (except for "racial or ethnic origin, " which is covered by Directive 2000/43). Since December …

Reinterpreting The Status-Contract Divide: The Case Of Fiduciaries, Hanoch Dagan, Elizabeth S. Scott

Faculty Scholarship

The distinction between status and contract permeates legal analyses of categories of cooperative interpersonal interactions in which one party has particular obligations to the other. But the current binary understanding of the distinction has facilitated its use as a foil and thus undermined its conceptual and normative significance. This predicament is understandable given that the innate, comprehensive, and inalienable status as well as the wholly open-ended contract anticipated by commentators are corner — rather than core — alternatives in a liberal polity. Hence, to clarify these normative debates we introduce two further, intermediate conceptions: office and contract type. Like the …

On Family Law Localism: A Comment On Sean Hannon Williams's Sex In The City, Richard Briffault

Faculty Scholarship

In his Article “Sex in the City,” Professor Sean Hannon Williams addresses the problems of enormous trial court discretion and concomitant unpredictable and inconsistent decisions found in divorce cases by proposing that local governments adopt nonbinding “rules of thumb” that would guide judges in exercising that discretion with respect to issues such as child custody, property division, and income support. He contends that this proposal would fit within the existing legal framework of state-local relations and would advance the goals of both family law reform and local empowerment with respect to family issues. Specifically, he urges that local legislative action …

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters

Faculty Scholarship

Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of …

The Competing Objectives Underlying The Protection Of Intangible Cultural Heritage, Peter K. Yu

Faculty Scholarship

One topic that has received considerable academic and policy attention concerns the key objectives underlying the establishment of this new framework. To help us develop a better and deeper understanding, this article outlines eight most widely documented objectives. While some of these objectives overlap or conflict with each other, others touch on issues that are of only marginal concern to some constituencies. By focusing on each objective in turn, this article aims to underscore the divergent, and at times competing, interests among the many stakeholders involved in the framework.

Although some readers may find the description of all eight underlying …

Juking Access To Justice To Deregulate The Legal Market, Milan Markovic

Faculty Scholarship

Study after study has concluded that the United States suffers from a lack of access to justice because most legal issues are addressed without attorney involvement. To better serve Americans who cannot currently afford legal assistance, scholars have argued that corporations should be permitted to offer legal services. England and Australia already allow corporations to own law firms and deliver legal services.

Whatever the merits of corporate delivery of legal services, its impact on access to justice has been overstated. The cost of legal services plays a minor role in decisions to not obtain legal assistance. Moreover, many legal services …

Five Decades Of Intellectual Property And Global Development, Peter K. Yu

Faculty Scholarship

The 2016-2017 biennium marks the historical milestones of several major pro-development initiatives relating to intellectual property law and policy. These important milestones include the Intellectual Property Conference of Stockholm in 1967, the adoption of the Declaration on the Right to Development (UNDRD) in 1986 and the establishment of the WIPO Development Agenda in 2007.

On January 1, 2016, the UN Sustainable Development Goals (SDGs) also came into force. Adopted by the UN General Assembly in September 2015, the 2030 Agenda for Sustainable Development featured 17 SDGs and 169 targets. Prominently mentioned in Target 3.b of SDG 3 are the WTO …

The Anatomy Of The Human Rights Framework For Intellectual Property, Peter K. Yu

Faculty Scholarship

Since the U.N. Sub-Commission on the Promotion and Protection of Human Rights adopted Resolution 2000/7 on "Intellectual Property Rights and Human Rights" more than fifteen years ago, a growing volume of literature has been devoted to the debates on the human rights limits to intellectual property rights, intellectual property and human rights, and intellectual property as human rights. Commentators, myself included, have also called for the development of a human rights framework for intellectual property. Thus far, very few commentators have explored the place of patent rights in this framework. Very little research, if any, has also been devoted to …

Depression With Pain Co Morbidity Effect On Quality Of Life Among Hiv Positive Patients In Uganda: A Cross Sectional Study, Shirley Moore, Martha Sajatovic

Faculty Scholarship

Background: Depression with pain comorbidity (DPC) has not been clearly defined among HIV positive patients in sub-Saharan Africa. It still remains a challenge despite many studies in Africa documenting a high prevalence of pain and depression among people living with HIV/AIDS. Both are associated with a grave impact on the health related outcomes in this pandemic. This study aimed at determining the prevalence, factors associated and effect on quality of life of DPC among HIV positive patients. Methods: In a cross-sectional survey, 345 HIV positive patients were enrolled into the study. Using a pre-tested standardised questionnaire the presence of DPC …

Knowledge, Attitudes And Perceptions Of Stroke: A Cross-Sectional Survey In Rural And Urban Uganda, Svetlana Pundik, Anthony J. Furlan, Martha Sajatovic

Faculty Scholarship

Background: Information regarding the increasing burden of non-communicable diseases such as stroke is largely unknown among the vulnerable communities. This analysis, which is part of a larger U.S. National Institute of Heath-funded Medical Education Partnership Initiative neurological disorder survey, assessed community knowledge and attitudes on stroke and stroke risk factors. Methods: A population cross-sectional survey was conducted in urban and rural Mukono, district, central Uganda. Through the systematic sampling method, data were gathered from 377 adult participants who were interviewed about selected aspects of stroke knowledge, attitudes and perception using a pretested structured questionnaire. Results: A total of 377 participants …

Demonizing Muslims Only Benefits Is, Jennifer Moore

Faculty Scholarship

It is wrong to marginalize Muslims in part because such attitudes intensify the very dangers they purport to alleviate. Simply put, Islamophobia feeds ISIS-inspired terrorism.

Asenapine For Bipolar Disorder, Thomas Scheidemantel, Irina Korobkova, Martha Sajatovic

Faculty Scholarship

Asenapine (Saphris®) is an atypical antipsychotic drug which has been approved by the US Food and Drug Administration for the treatment of schizophrenia in adults, as well as the treatment of acute manic or mixed episodes of bipolar I in both adult and pediatric populations. Asenapine is a tetracyclic drug with antidopaminergic and antiserotonergic activity with a unique sublingual route of administration. In this review, we examine and summarize the available literature on the safety, efficacy, and tolerability of asenapine in the treatment of bipolar disorder (BD). Data from randomized, double-blind trials comparing asenapine to placebo or olanzapine in the …

Brief For New Mexico Trial Lawyers Association, Montaño V. Frezza As Amicus Curiae, George Bach

Faculty Scholarship

This brief is on whether to extend sovereign immunity to out-of-state doctor in medical malpractice action.

Post-Stroke Depression Among Stroke Survivors Attending Two Hospitals In Kampala Uganda, Martha Sajatovic, Kathyleen Smyth

Faculty Scholarship

Background: The burden of stroke worldwide is increasing rapidly. There is paucity of data on post-stroke depression (PSD) among stroke survivors in Uganda, despite the high prevalence of PSD reported elsewhere. Methods: In a cross-sectional study, we assessed adult participants with confirmed first stroke with a standardized questionnaire. The Patient Health Questionnaire-9 was used to assess for depression among non-aphasic patients while the Aphasic Depression Rating Scale was administered to aphasic patients. Univariable and multivariable analyses performed to describe associations with PSD. Results: Forty three females (58.9%) and 30 males (41.1%) who had a stroke participated. Fifty eight (79.5%) had …

Adopting The Gay Family, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Emergency Takings, Brian Lee

Faculty Scholarship

No abstract provided.

Common Law Fundamentals Of The Right To Abortion, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Intersection Of Civil And Religious Family Law In The U.S. Constitutional Order: A Mild Legal Pluralism, Linda C. Mcclain

Faculty Scholarship

This chapter considers how civil and religious family law intersect in the U.S. legal system and how U.S. constitutional law shapes and constrains the accommodation of religious pluralism as it pertains to family law. To the question, “Is there too much or too little pluralism in U.S. family law?,” I answer that family law appropriately embraces a mild legal pluralism, while clearly distinguishing between civil and religious marriage. After illustrating this distinction in the context of the recent controversy over same-sex marriage, I consider two categories of cases: (1) cases in which courts consider whether to enforce terms of Jewish …

The Psychology Of Patent Protection, Stephanie Plamondon Bair

Faculty Scholarship

This Article offers the first comprehensive assessment of the major justifications for our patent system using a behavioral psychology framework. Applying insights from the behavioral literature that I argue more accurately account for the realities of human action than previous analytical tools, I critically evaluate each of the major justifications for patents — incentive theory, disclosure theory, prospect theory, commercialization theory, patent racing theory, and non-utilitarian theories. I ask whether our current patent system is an effective regime for meeting the stated goals of these accounts. When the answer to this question is no, I again turn to the behavioral …

Political Uncertainty And The Market For Ipos, Jay B. Kesten, Murat C. Mungan

Faculty Scholarship

This Article presents a simple theory and model of the effects of political uncertainty on the market for IPOs. Our model generates four central predictions: (i) increased political uncertainty reduces the frequency of IPOs; (ii) firms that choose to conduct an IPO during periods of political uncertainty are, on average, of higher quality and generate greater return on investment in the secondary market; (iii) political uncertainty increases the cost of capital for IPO firms; but (iv) underpricing is less pronounced during periods of heightened political uncertainty. We demonstrate that each of these predictions is consistent with available empirical evidence.

Our …

Protecting Syrian Refugees: Laws, Policies, And Global Responsibility Sharing, Susan M. Akram, Sarah Bidinger, Aaron Lang, Danielle Hites, Yoana Kuzmova, Elena Noureddine

Faculty Scholarship

This article provides an excerpt of a report that maps out how the Syrian refugee crisis is being played out in four of the main states hosting the refugees, Lebanon, Jordan, Egypt and Turkey. This excerpt focuses on the laws and policies in the host states and how they are creating particularly devastating consequences for Palestinian refugees. The excerpt sets out the Report’s conclusions and recommendations, primarily the call for a global Comprehensive Plan of Action (cpa), with various components within and outside the Middle East region that build on existing legal obligations to better allocate responsibility for the refugee …

Curb Your Enthusiasm For Pigovian Taxes, Victor Fleischer

Faculty Scholarship

Pigovian (or “corrective”) taxes have been proposed or enacted on dozens of harmful products and activities: carbon, gasoline, fat, sugar, guns, cigarettes, alcohol, traffic, zoning, executive pay, and financial transactions, among others. Academics of all political stripes are mystified by the public’s inability to see the merits of using Pigovian taxes more frequently to address serious social harms, some even calling for the creation of a “Pigovian state.”

This academic enthusiasm for Pigovian taxes should be tempered. A Pigovian tax is easy to design—as a uniform excise tax—if one assumes that each individual causes the same amount of harm with …

Assessing The Deployment Of Home Visiting: Learning From A State-Wide Survey Of Home Visiting Programs, Robert L. Fischer, Elizabeth R. Anthony, Nina Lalich, Paul Bakaki, Siran Koroukian-Hajinazarian

Faculty Scholarship

Objectives: Large-scale planning for health and human services programming is required to inform effective public policy as well as deliver services to meet community needs. The present study demonstrates the value of collecting data directly from deliverers of home visiting programs across a state. This study was conducted in response to the Patient Protection and Affordable Care Act, which requires states to conduct a needs assessment of home visiting programs for pregnant women and young children to receive federal funding. In this paper, we provide a descriptive analysis of a needs assessment of home visiting programs in Ohio. Methods: All …

A Tale Of Two Reports: What Recent Publications From The Alzheimer’S Association And Institute Of Medicine Say About The State Of The Field, Peter J. Whitehouse

Faculty Scholarship

Scientific reports hold a mirror up to a culture, reflecting the beliefs, values, assumptions, practices, technologies, and political-economic interests that shape discourse around particular diseases in particular cultural moments [1]. Indeed, despite their authoritative patina, such reports are “living documents” that invite critical analysis about where discourse in a particular field has been and where it is going. In this spirit, two recent reports from the Alzheimer’s Association (Changing the Trajectory of Alzheimer’s Disease: How a Treatment by 2025 Saves Lives and Dollars) and the Institute of Medicine in the United States (Cognitive Aging: Progress in Understanding and Opportunities for …

A Virtual Clinic Improves Pneumococcal Vaccination For Asplenic Veterans At High Risk For Pneumococcal Disease, Robin L.P. Jump, Brigid Wilson, Rebecca Carter, Susan Phillips, Federico Perez

Faculty Scholarship

We developed a "virtual clinic" to improve pneumococcal vaccination among asplenic adults. Using an electronic medical record, we identified patients, assessed their vaccination status, entered orders, and notified patients and providers. Within 180 days, 38 of 76 patients (50%) received a pneumococcal vaccination. Avirtual clinic may optimize vaccinations among high-risk patients.

Fiduciary Governance, Andrew S. Gold, Paul B. Miller

Faculty Scholarship

No abstract provided.

Marriage Equality And The New Maternalism, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Arbitrator Bias, William W. Park

Faculty Scholarship

Seeking to bring arbitration into disrepute, an evil gremlin might contemplate two starkly different routes. One route would tolerate appointment of pernicious arbitrators, biased and unable to judge independently. An alternate route to shipwreck, also reducing confidence in the integrity of the arbitral process, would establish unrealistic ethical standards that render the arbitrator’s position precarious and susceptible to destabilisation by litigants engaged in dilatory tactics or seeking to annul unfavourable awards. To reduce the risk of having cases decided by either pernicious or precarious arbitrators, those who establish and apply ethical guidelines walk a tightrope between the rival poles of …

Financial Rewards For Whistleblowing Lawyers, Kathleen Clark, Nancy J. Moore

Faculty Scholarship

The federal government relies increasingly on whistleblowers to ferret out fraud, and has awarded whistleblowers over $4 billion under the False Claims Act and the Dodd-Frank Wall Street reform and Consumer Protection Act. May lawyers ethically seek whistleblower rewards under these federal statutes? A handful of lawyers have tried to do so as FCA qui tam relators. They have not yet succeeded, but several court decisions suggest that they might be able to do so under confidentiality exceptions to state ethics law, which several courts have held are not preempted by the FCA. No lawyer has been publicly identified as …

Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy

Faculty Scholarship

The petitioners argue:

1) Supervisory Review is Needed Because the District Court and the Ninth Circuit Automatically Aligned U.S. Highway 160 with Alienated, Non-Indian Fee Land, Ignoring this Court’s Context-Specific, Multifactor Methodology for Determining the Status of Reservation Roadways for Tribal Jurisdictional Purposes.

2) Supervisory Review is Also Necessary Because Both Lower Courts Refused to Apply Supreme Court Precedents Governing Whether an Indian Tribe Retains Treaty-Based Authority over the Conduct of Nonmembers on a Tribe’s Reservation, Effecting an Impermissible Judicial Abrogation of the Navajo Nation’s Congressionally Confirmed, Treaty-Based Jurisdiction in This Case.

3) Supervisory Review is Further Needed Because Both …