Digital Commons Network^™

Where Are We Now And Where Should We Head For? A Reflection On The Place Of East Asia On The Map Of Socio-Legal Studies, Setsuo Miyazawa

Faculty Scholarship

Collaborative Research Networks ("CRNs") developed to encourage and facilitate and collaboration between scholars with shared academic interests. CRN33 (East Asia) is fairly new. This article, which is based on a speech given by the author, examines the status of East Asia in socioeconomic literature, explores the growing prevalence of East Asia as a topic in general theory-building in socio-legal studies, and suggests methods for placing East Asia in a more central position for future socio-legal scholarship. The author emphasizes that scholars in the field of East Asian legal studies should work harder to introduce those outside the field to the …

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

Mapping, Modeling, And The Fragmentation Of Environmental Law, Dave Owen

Faculty Scholarship

No abstract provided.

Forest Carbon (Redd+), Repairing International Trust, And Reciprocal Contractual Sovereignty, David Takacs

Faculty Scholarship

No abstract provided.

Lindsay's Legacy: The Tragedy That Triggered Law Reform To Prevent Teen Dating Violence, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

Living Up To Our Ideals: What Race Means In Higher Education Now, Frank H. Wu

Faculty Scholarship

No abstract provided.

Cases And Controversies: Some Things To Do With Contracts Cases,, Charles L. Knapp

Faculty Scholarship

No abstract provided.

All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein

Faculty Scholarship

This Article addresses a subject that has not received serious academic attention in law or in clinical scholarship: how lawyers should end their relationships with clients. As human beings, we intuitively understand the importance of endings in relationships, and lawyer-client relationships often impact both the lawyer and the client. Despite the amount of attention paid to other aspects of client interviewing and counseling, such as how to conduct an effective initial client interview, there is relatively little literature on how to achieve effective closure. This Article draws on research from the therapeutic professional field about how to effectively end professional …

Hierarchies Of Discrimination In Baby Making? A Response To Professor Carroll, Radhika Rao

Faculty Scholarship

No abstract provided.

Incubator Cities: Tomorrow's Economy, Yesterday's Start-Ups, Abraham Cable

Faculty Scholarship

Venture development funds (“VDFs”) are products of state and local government law that use public funds to invest in local start-ups, in the hope that these companies will then attract venture capital investment. Existing analysis by legal scholars largely assumes that establishing a private venture capital market is essential to encouraging entrepreneurship. This article challenges that assumption. It argues that VDFs and other policies focused on encouraging venture capital are outmoded and inconsistent with the ultimate economic development goals of state and local governments.

In many industries, entrepreneurs can now get by with less capital because the cost of developing …

The Failed Promise Of Language Rights: A Critique Of The International Language Rights Regime, Moria Paz

Faculty Scholarship

Major international legal instruments commit international law to protect language rights absolutely, irrespective of counter-pressures toward linguistic uniformity. This unconditional commitment to language rights is echoed in the writings of prominent human rights scholars, who argue that language is a constitutive element of cultural identity. This article contrasts the ideals of language rights with the actual record of their enforcement. It presents a detailed analysis of the 133 cases that have come before the European Court of Human Rights, the U.N. Human Rights Committee, and the Inter-American Court of Human Rights dealing with language issues as they arise in (i) …

Fragmented Regulation Of Multiple Stressors: A Cautionary Tale For Takings Law, Brian E. Gray

Faculty Scholarship

No abstract provided.

Death Row Economics The Rise Of Fiscally Prudent Anti Death Penalty Activism, Hadar Aviram, Ryan Newby

Faculty Scholarship

No abstract provided.

Namudno's Non-Existent Principle Of State Equality, Zachary S. Price

Faculty Scholarship

No abstract provided.

Throwing The Red Flag: Challenging The Nfl's Lessons For American Business, Heather M. Field

Faculty Scholarship

No abstract provided.

Paved With Good Intentions: Sentencing Alternatives From Neuroscience And The Policy Of Problem-Solving Courts, Emily R. Murphy

Faculty Scholarship

No abstract provided.

Dispute System Design: A Comparative Study Of India, Israel And California, Sheila Purcell

Faculty Scholarship

No abstract provided.

Cyber Deterrence, Eric Talbot Jensen

Faculty Scholarship

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues to develop …

Gene, Pathway And Network Frameworks To Identify Epistatic Interactions Of Single Nucleotide Polymorphisms Derived From Gwas Data, Yu Liu, Sean Maxwell, Tao Feng, Xiaofeng Zhu, Robert C. Elston, Mehmet Koyutürk, Mark R. Chance

Faculty Scholarship

Background: Interactions among genomic loci (also known as epistasis) have been suggested as one of the potential sources of missing heritability in single locus analysis of genome-wide association studies (GWAS). The computational burden of searching for interactions is compounded by the extremely low threshold for identifying significant p-values due to multiple hypothesis testing corrections. Utilizing prior biological knowledge to restrict the set of candidate SNP pairs to be tested can alleviate this problem, but systematic studies that investigate the relative merits of integrating different biological frameworks and GWAS data have not been conducted.Results: We developed four biologically based frameworks to …

How Do The Elderly Fare In Medical Malpractice Litigation, Before And After Tort Reform? Evidence From Texas, Myungho Paik, Bernard S. Black, David A. Hyman, William M. Sage, Charles M. Silver

Faculty Scholarship

The elderly account for a disproportionate share of medical spending, but little is known about how they are treated by the medical malpractice system, or how tort reform affects elderly claimants. We compare paid medical malpractice claims brought by elderly plaintiffs in Texas during 1988–2009 to those brought by adult non-elderly plaintiffs. Controlling for healthcare utilization (based on inpatient days), elderly paid claims rose from about 20% to about 40% of the adult non-elderly rate by the early 2000s. Mean and median payouts per claim also converged, although the elderly were far less likely to receive large payouts. Tort reform …

Distinguishing The “Truly National” From The “Truly Local”: Customary Allocation, Commercial Activity, And Collective Action, Neil S. Siegel

Faculty Scholarship

This Essay makes two claims about different methods of defining the expanse and limits of the Commerce Clause.

My first claim is that approaches that privilege traditional subjects of state regulation are unworkable and undesirable. The approaches are unworkable in light of the frequency with which the states and the federal government regulate the same subject matter in our modern world of largely overlapping federal and state legislative jurisdiction. The approaches are undesirable because the question of customary allocation is unrelated to the principal reason why Congress possesses the power to regulate interstate commerce: solving collective action problems involving multiple …

Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein

Faculty Scholarship

The May 25, 2012, report — entitled EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal — disapproved of EPA’s lack of progress in determining whether certain pharmaceuticals found in surface, ground, and drinking water qualify as hazardous waste, as well as in establishing an evaluation and regulatory process for pharmaceutical wastes. As a result of the report, EPA is now considering mechanisms for assessing and regulating the presence of certain pharmaceutical products in the environment as hazardous wastes under the Resource Conservation and Recovery Act.

Sexual Sensation Seeking, Drug Use And Risky Sex Among Detained Youth, Dexter R. Voisin

Faculty Scholarship

Sexual sensation seeking has been correlated with drug use and risky sex in a number of populations. However, these relationships have had limited examination among adolescents, and to date, have not been explored among detained youth, a group with some of the highest rates of illicit drug use and STIs. To better understand these relationships we utilized A-CASI to collect data on sociodemographics, sexual sensation seeking, drug use and risky sexual behaviors among a sample of 550 detained youth. A series of multivariable regression models controlling for age, gender, race/ethnicity, socioeconomic status and risky peer networks indicated that sexual sensation …

Common Ownership And Equality Of Autonomy, Anna Di Robilant

Faculty Scholarship

In recent years, common ownership has enjoyed unprecedented favour among policy-makers and citizens in the United States, Canada, and Europe. Conservation land trusts, affordable-housing co-operatives, community gardens, and neighborhood-managed parks are spreading throughout major cities. Normatively, these common-ownership regimes are seen as yielding a variety of benefits, such as a communitarian ethos in the efficient use of scarce resources, or greater freedom to interact and create in new ways. The design of common-ownership regimes, however, requires difficult trade-offs. Most importantly, successful achievement of the goals of common-ownership regimes requires the limitation of individual co-owners’ ability to freely use the common …

Identifying Stage-Specific Protein Subnetworks For Colorectal Cancer, Sinan Erten, Xiaowei Guan, Rod K. Nibbe, Jill S. Barnholtz-Sloan, Mark R. Chance, Mehmet Koyutürk

Faculty Scholarship

Background: In recent years, many algorithms have been developed for network-based analysis of differential gene expression in complex diseases. These algorithms use protein-protein interaction (PPI) networks as an integrative framework and identify subnetworks that are coordinately dysregulated in the phenotype of interest. Motivation: While such dysregulated subnetworks have demonstrated significant improvement over individual gene markers for classifying phenotype, the current state-of-the-art in dysregulated subnetwork discovery is almost exclusively limited to binary phenotype classes. However, many clinical applications require identification of molecular markers for multiple classes. Approach: We consider the problem of discovering groups of genes whose expression signatures can discriminate …

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher

Faculty Scholarship

This policy proposal makes the case for opening Master Limited Partnerships (MLPs) and Real Estate Investment Trusts (REITs) — both well-established investment structures — to renewable energy investment. MLPs and, more recently, REITs have a proven track record for promoting oil, gas, and other traditional energy sources. When extended to renewable energy projects these tools will help promote growth, move renewables closer to subsidy independence, and vastly broaden the base of investors in America’s energy economy.

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Faculty Scholarship

In asserting that law is a profession, not a business, lawyers often refer to the role that self-governance plays in the legal profession. Julius Henry Cohen captured this sentiment in the following exhortation: “Ours is a profession...The sins of one of us are the sins of all of us.” Come, brethren, let us clean house.” Meaningful self-governance requires accountable and independent professionals. This article tackles accountability as fundamental aspects of professionalism. The examination of accountability considers fissures in accountability as demonstrated in lawyers’ rush to jump on the limited liability bandwagon and resistance to mandatory legal malpractice insurance and insurance …

The Tax Expenditure Budget Is A Zombie Accountant, Steven A. Dean

Faculty Scholarship

No abstract provided.

International Activity And Domestic Law, Adam I. Muchmore

Faculty Scholarship

This invited essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.

Managerial Judging: The 9/11 Responders' Tort Litigation, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr

Faculty Scholarship

No abstract provided.