Digital Commons Network^™

Regulating The Workplace: Three Models Of Labor And Employment Law In The United States, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

The Political Turn In American Administrative Law: Power, Rationality, And Reasons, Jodi L. Short

Faculty Scholarship

No abstract provided.

Measuring, Monitoring, Reporting, And Verifying (Mmrv): Negotiating Trust In Transnational Contracts For Redd,, David Takacs

Faculty Scholarship

No abstract provided.

Prosecutors Hide, Defendants Seek: The Erosion Of Brady Through The Defendant Due Diligence Rule, Kate Weisburd

Faculty Scholarship

This Article is the first to examine the routine—but problematic—practice of courts forgiving prosecutors for failing to disclose Brady evidence if the defendant or his lawyer knew or with due diligence could have known about the evidence. This Article begins by explaining the insidious emergence of the “due diligence” rule and catalogs how courts have defined, justified, and applied the rule since Brady v. Maryland. It argues that while the rule is not without intuitive appeal, its burden-shifting framework is troubling and suspect. The defendant due diligence rule is directly contrary to the due process and truthseeking principles fundamental to …

Implicit Bias In The Courtroom, David L. Faigman, Jerry Kang, Mark W. Bennett, Devon W. Carbado, Pamela Casey, Nilanjana Dasgupta, Rachel D. Godsil, Anthony G. Greenwarld, Justin D. Levinson, Jennifer Mnookin

Faculty Scholarship

No abstract provided.

The Return Of Biological Race? Regulating Race And Genetics Through Administrative Agency Race Impact Assessments, Osagie K. Obasogie

Faculty Scholarship

No abstract provided.

Moore Is Less: Why The Development Of Induced Pluripotent Stem Cells Might Radically Upend Property Law Concerning Human Tissues As We Know It, Osagie K. Obasogie, Helen Theung

Faculty Scholarship

No abstract provided.

The Evil Technology Hypothesis: A Deep Ecological Reading Of International Law, Ugo Mattei, Luigi Russi

Faculty Scholarship

No abstract provided.

Rethinking Extraordinary Circumstances, Scott Dodson

Faculty Scholarship

No abstract provided.

Jumpstarting The Stalled Gender Revolution: Justice Ginsburg And Reconstructive Feminism, Joan C. Williams

Faculty Scholarship

No abstract provided.

The America Invents Act 500: Effects Of Patent Monetization Entities On Us Litigation, Robin Feldman

Faculty Scholarship

Any discussion of flaws in the United States patent system inevitably turns to the system’s modern villain: non-practicing entities, known more colorfully as patent trolls. For many years, however, discussions about non-practicing entities have been long on speculation and short on data. In 2011 Congress directed the nonpartisan Government Accountability Office to study the effects of non-practicing entities on patent litigation. At the request of the GAO, we collected and coded a set of patent lawsuits filed over the past five years. This article presents our analysis of the data and its implications. The data confirm in a dramatic fashion …

Where You Stand Depends On Where You Sit: Immigrant Incorporation In Federal Workplace Agencies, Ming Hsu Chen

Faculty Scholarship

This Article integrates social science theory about immigrant incorporation and administrative agencies with empirical data about immigrant-serving federal workplace agencies to illuminate the role of bureaucracies in the construction of rights. More specifically, it contends that immigrants' rights can be protected when workplace agencies incorporate immigrants into labor law enforcement in accordance with the agencies' professional ethos and organizational mandates. Building on Miles' Law that "where you stand depends on where you sit," this Article argues that agencies exercise discretion in the face of contested law and in contravention to a political climate hostile to undocumented immigrants for the purpose …

The Paranoid Style In Regulatory Reform, Jodi L. Short

Faculty Scholarship

No abstract provided.

Developmental Neuroscience, Children's Relationships With Primary Caregivers, And Child Protection Policy Reform, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

Structural Analysis Of Proinsulin Hexamer Assembly By Hydroxyl Radical Footprinting And Computational Modeling, Janna G. Kiselar, Manish Datt, Mark R. Chance, Michael A. Weiss

Faculty Scholarship

Mutations in the insulin gene can impair proinsulin folding and cause diabetes mellitus. Although crystal structures of insulin dimers and hexamers are well established, proinsulin is refractory to crystallization. Although an NMR structure of an engineered proinsulin monomer has been reported, structures of the wild-type monomer and hexamer remain undetermined. We have utilized hydroxyl radical footprinting and molecular modeling to characterize these structures. Differences between the footprints of insulin and proinsulin, defining a "shadow" of the connecting (C) domain, were employed to refine the model. Our results demonstrate that in its monomeric form, (i) proinsulin contains a native-like insulin moiety …

Challenging Detention: Why Immigrant Detainees Receive Less Process Than Enemy Combatants And Why They Deserve More, Faiza Sayed

Faculty Scholarship

No abstract provided.

Securing Sovereign State Standing, Katherine Mims Crocker

Faculty Scholarship

There are three main categories of interests upon which states can premise standing to sue as plaintiffs in federal court - proprietary, sovereign, and quasi-sovereign interests. Proprietary and sovereign interests, this Note contends, are held independently by states qua states, whereas quasi-sovereign interests are derivative of citizens’ collective welfare interests. This Note attempts to correct the pervasive confusion clouding the boundary between sovereign and quasi-sovereign interests, arguing that they are meaningfully distinct and should be treated differently.

This argument is especially important in the context of the jurisdictional bar instituted by the Supreme Court in Massachusetts v. Mellon, which prohibits …

Confounding Identities: The Paradox Of Lgbt Children Under Asylum Law, Susan Hazeldean

Faculty Scholarship

No abstract provided.

Federalizing Medicaid, Nicole Huberfeld

Faculty Scholarship

Medicaid fosters constant tension between the federal government and the states, and that friction has been exacerbated by its expansion in the Patient Protection and Affordable Care Act of 2010 (PPACA). Medicaid was an under-theorized and underfunded continuation of existing programs that retained two key aspects of welfare medicine as it developed: bias toward limiting government assistance to the “deserving poor,” and delivery of care through the states that resulted in a strong sense of states’ rights. These ideas regarding the deserving poor and federalism have remained constants in the program over the last forty-six years, but PPACA changes one …

Response To House Memorial 41 Requesting A Study Of The Use Of Natural Gas As A Transportation Fuel, Kevin Washburn, Kevin Boberg, Jeffrey Kendall

Faculty Scholarship

This paper addresses legal, logistical and technological issues related to the use of compressed natural gas (CNG) as a transportation fuel in New Mexico. It was prepared at the request of the NM State legislature in House Memorial 41.

Proteomic Signatures Of Human Oral Epithelial Cells In Hiv-Infected Subjects, Elizabeth Yohannes, Santosh K. Ghosh, Bin Jiang, Thomas S. Mccormick, Aaron Weinberg, Edward Hill, Faddy Faddoul, Mark R. Chance

Faculty Scholarship

The oral epithelium, the most abundant structural tissue lining the oral mucosa, is an important line of defense against infectious microorganisms. HIV infected subjects on highly active antiretroviral therapy (HAART) are susceptible to comorbid viral, bacterial and fungal infections in the oral cavity. To provide an assessment of the molecular alterations of oral epithelia potentially associated with susceptibility to comorbid infections in such subjects, we performed various proteomic studies on over twenty HIV infected and healthy subjects. In a discovery phase two Dimensional Difference Gel Electrophoresis (2-D DIGE) analyses of human oral gingival epithelial cell (HOEC) lysates were carried out; …

Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic

Faculty Scholarship

One of the most fundamental tasks attorneys perform is to advise clients as to what the law is. Yet, Model Rule 2.1 (“Rule 2.1”), the chief ethical rule addressing attorneys qua advisors, is rarely enforced in the absence of other ethical violations. Although attorneys comply with the ethical rules for reasons apart from a fear of being sanctioned, it is often against the self-interest of attorneys to “exercise independent professional judgment and render candid advice” as contemplated by Rule 2.1. When attorneys calculate that their legal advice is unlikely to be challenged, they may be prone to advance tendentious legal …

The Benefits Of Opt-In Federalism, Brendan S. Maher

Faculty Scholarship

The Affordable Care Act (“ACA”) is a controversial and historic statute that mandates people make insurance bargains. Unacknowledged is an innovative mechanism ACA uses to select the law that governs those bargains: opt-in federalism.

Opt-in federalism – in which individuals choose between federal and state rules – is a promising theoretical means to make and choose law. This Article explains why, and concludes that the appeal of opt-in federalism is independent of ACA. Whatever the statute’s constitutional fate, future policymakers should consider opt-in federalist approaches to answer fundamental but exceedingly difficult questions of health and retirement law.

2011 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

Atypically, the Supreme Court of Florida was not active during the past year, deciding no cases in the juvenile law field. On the other hand, the intermediate appellate courts were active both in the delinquency area and in the dependency field. As in the past, decisions in the delinquency area involving generic issues of criminal procedure not unique to juvenile delinquency are not covered in this article.

The Law School Firm, Bradley T. Borden, Robert J. Rhee

Faculty Scholarship

No abstract provided.

Teaching, Thinking, And The Legal Creative Process, Barbara P. Blumenfeld

Faculty Scholarship

The author asks how we can teach student how to think as she reflects on how many students with excellent basic writing skills were not fully developing the reasoning before writing their paper.

Part One of this essay formulates the creative process necessary for developing good legal analysis, arguments, and documents, and suggests its encouragement by non-result oriented teaching. Part Two explains a class the author designed, which succeeds, at least in part, in bringing thinking to the surface for study and discussion.

Act Deux: Confidentiality After The Florida Mediation Confidentiality And Privilege Act, Fran L. Tetunic

Faculty Scholarship

Fran Tetunic, Act Deux: Confidentiality after the Florida Mediation Confidentiality and Privilege Act, 36 Nova Law Review 79 (2011).

Reconceiving The Patent Rocket Docket: An Empirical Study Of Infringement Litigation 1985-2010, Saurabh Vishnubhakat

Faculty Scholarship

This Article presents the first survival model for systematically identifying and comparing United States district courts as patent rocket dockets, and for examining related trends in patent litigation. The conventional wisdom of rocket docket status in a judicial district tends to rely on average case disposition times and the availability of court rules for patent cases, as well as anecdotal information about well-known jurists with experience in patent adjudication.

By comparison, this Article approaches rocket dockets through a quantitative investigation of recent historical trends in patent case filings as well as through market concentration analysis at the district court and …

Are Developing Countries Playing A Better Trips Game, Peter K. Yu

Faculty Scholarship

The Agreement on Trade-Related Aspects of Intellectual Property Rights entered into force more than 15 years ago. Although commentators have widely criticized the Agreement for its failure to address the needs, interests, conditions, and priorities of less developed countries, few have examined whether these countries have now attained greater success in shaping the development of the Agreement than they did before. This Article seeks to fill the void by examining the performance of these countries at various stages of development of the TRIPS Agreement.

Utilizing game theory and game metaphors, this Article disaggregates the "TRIPS game" into five different mini-games: …

Lawyering Beyond Without Leaving Individual Clients Behind, April Land

Faculty Scholarship

As clinical teachers answer the exciting call to move beyond the traditional model of individual client representation, we should not leave behind the vital lessons that law students learn from individual clients. Individual representation is ideal for teaching law students lawyering skills and values in a human context. Representing individual clients gives students the opportunity to experience full ownership over representation, to experience the role of the attorney, and to feel the profound weight of professional responsibility. Representationof individual clients also grounds the social justice objectives that clinical programs seek to achieve. As clinical programs and other areas of law …