Digital Commons Network^™

Discipline And Nourish: On Constructing Commons, Wendy J. Gordon

Faculty Scholarship

Scholarship has examined many possible ways to encourage the creation and dissemination of art, works of authorship, ideas, and inventions: rights of exclusion (copyrights and patents), prizes, governmental subsidies, private subsidies (including both foundations and patronage), reputation, and so forth. Legal scholars have long recognized that copyright and patent are not the only options. And while some legal academics have mentioned the possibility of groups of users and creators interacting on a voluntary but structured basis, legal scholars did not give much sustained attention to such possibilities until fairly recently.

Sprawl, Family Rhythms, And The Four-Day Work Week, Katharine B. Silbaugh

Faculty Scholarship

We evaluate the four-day work week against the background of other institutional and social practices and constraints. But we fix these other variables when considering the value of this work reform. For example, workers enjoy the commute time and expense savings associated with a four-day week. These savings would mean little if the commutes in question were negligible. Therefore, the value of the four-day work week depends in part on the social history that gave us increasingly substantial commutes. This Article seeks to highlight some of the institutional practices that influence the adoption of a four-day work week, particularly those …

Optically Anisotropic Infinite Cylinder Above An Optically Anisotropic Half Space: Dispersion Interaction Of A Single-Walled Carbon Nanotube With A Substrate, Roger H. French

Faculty Scholarship

A complete form of the van der Waals dispersion interaction between an infinitely long anisotropic semiconducting/insulating thin cylinder and an anisotropic half space is derived for all separations between the cylinder and the half space. The derivation proceeds from the theory of dispersion interactions between two anisotropic infinite half spaces as formulated in Phys. Rev. A 71, 042102 (2005). The approach is valid in the retarded as well as nonretarded regimes of the interaction and is coupled with the recently evaluated ab initio dielectric response functions of various semiconducting/insulating single wall carbon nanotubes, enables the authors to evaluate the strength …

What Is "(Im)Partial Enough" In A World Of Embedded Neutrals?, Nancy A. Welsh

Faculty Scholarship

The Supreme Court’s decision in Caperton v. A. T. Massey Coal Co. highlighted the fragility of judicial independence and impartiality in the United States. A similar, less-noticed fragility of independence and impartiality exists among the arbitrators, mediators and administrative hearing officers who resolve an increasing number of disputes. Everywhere one looks, there is unremarked yet remarkable evidence of the rise of - embedded neutrals, particularly in uneven contexts between one-time and repeat players. This phenomenon becomes particularly worrisome when the embedded neutral’s role is due to their special relationship with the repeat player, and the one-time player is not as …

Exploring The Revenue Mix Of Nonprofit Organizations: Does It Relate To Publicness?, Robert L. Fischer

Faculty Scholarship

Nonprofits receive funding from multiple revenue sources, including private contributions and earned program revenues. In this article, we hypothesize that the composition of revenues is a result of the nature of services provided—specifically whether services are public, private, or mixed in the nature of their benefits. Using subfields from three major fields in the National Taxonomy of Exempt Entities (NTEE), this study divides nonprofits according to service type and estimates the impact of service character on particular revenue streams and overall revenue diversification. Generally, we find that the proportion of revenues generated by earned program revenues is lowest for the …

Privacy Paradox 2.0, H. Brian Holland

Faculty Scholarship

As a starting point, this essay offers six basic propositions. First, "the 'privacy paradox' " refers to inconsistencies "between individuals' [asserted] intentions to disclose personal information and [individuals'] actual ... disclosure behaviors." Put simply, we indicate-at a granular level-specific items of personal information that we will not disclose, but we then give away that same data with what appears to be little regard for the risks of doing so and for little in return. Second, the privacy paradox is a wellestablished concept in many fields of the social sciences, even though the precise contours and causes of the paradox are …

A Unified Theory Of International Law, The State, And The Individual: Transnational Legal Harmonization In The Context Of Economic And Legal Globalization, James D. Wilets

Faculty Scholarship

This Article presents an original theory of international law which reconciles the norm-making processes occurring at the international, state, and individual levels. It is the central thesis of this paper that economic globalization is not happening in a vacuum, but it is rather engendering legal globalization, much in the way that centralized regulation followed trans-state economic globalization within the United States and Europe.

Traditional definitions of international law do not address this phenomenon and consider these new forms of transnational norm creation as simply exceptions to the general rule that international law is created by nation-states within the framework of …

Cap-And-Trade Legislation, John C. Dernbach

Faculty Scholarship

No abstract provided.

How To Use A Tube Top And A Dress Code To Demystify The Predictive Writing Process And Build A Framework Of Hope During The First Weeks Of Class, Camille Lamar

Faculty Scholarship

No abstract provided.

New Groups And Old Doctrine: Rethinking Congressional Power To Enforce The Equal Protection Clause, William Araiza

Faculty Scholarship

No abstract provided.

Coasean Blind Spots: Charting The Incomplete Institutionalism, Gregg P. Macey

Faculty Scholarship

No abstract provided.

"A Little Happier": David Leonard As Co-Author, Anita Bernstein

Faculty Scholarship

No abstract provided.

Consumer Credit And Competition: The Puzzle Of Competitive Credit Markets, Edward J. Janger, Susan Block-Lieb

Faculty Scholarship

No abstract provided.

Report & Recommendations Legal Scholar Team, Margaret E. Montoya, Tucker Culbertson, Marc-Tizoc González

Faculty Scholarship

The Report’s Recommendations for next steps reflect and incorporate the multiple experiences, false starts, insights, frustrations and new beginnings that represent the various ways that diversity works within the different sectors of the legal profession. We have included Recommendations that are already being used as well as some that are ambitious and aspirational. Within each of the four sectors of the profession, the recommendations are broadly categorized, but not prioritized. We recognize that every individual or organization will have its own priorities based on its unique circumstances. We do encourage the Report’s users to select and prioritize recommendations for next …

Taking Responsibilities As Well As Rights Seriously, James E. Fleming

Faculty Scholarship

In his first book, Ronald Dworkin famously called for “taking rights seriously” by treating them as “trumps” over considerations of utility or the general welfare.1 Taking Rights Seriously (along with other works) provoked calls for taking responsibilities as well as (or instead of) rights seriously, or for engaging in “responsibility talk,” not just “rights talk.”2 In Life’s Dominion, Dworkin himself got on the responsibility bandwagon in justifying the right to procreative autonomy and the right to die.3 He countenanced that government may encourage women to take the decision whether to have an abortion responsibly, so long as it does not …

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle K. Citron, Leslie Meltzer Henry

Faculty Scholarship

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment.

In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value of …

The Economics Of Injunctive And Reverse Settlements, Keith N. Hylton

Faculty Scholarship

This paper extends the economic literature on settlement and draws some practical insights on reverse payment settlements. The key contributions follow from the distinction drawn between standard settlements, in which the status quo is preserved, and injunctive settlements, w and under which reverse settlements will be observed among injunctive settlements. Reverse settlements are likely when the stakes associated with the injunction are large relative to damages and litigation costs. The analysis has broader implications for efficient remedies and legal rules. (JEL Kl0, K40, K41, D24, 034).

Is Mixed-Income Development An Antidote To Urban Poverty?, Mark L. Joseph

Faculty Scholarship

I critically assess the potential for mixed-income development as a means of helping lift families in U.S. inner cities out of poverty. I identify four main propositions for the promise of mixed-income development, provide a conceptual framework that delineates the pathways through which mixed-income development can be hypothesized to improve the quality of life for the urban poor, and review the evidence from existing research on the relevance of these propositions. Because of the scale and possible elimination of the HOPE VI (Housing Opportunities for People Everywhere) program, I pay particular attention to what we have learned from it. The …

Protecting New Mexico’S Waters: A Blueprint For The Future, Denise D. Fort

Faculty Scholarship

Aquatic species are imperiled by water diversions, introduced species, pollution and now climate change. In the western U.S., water law rewards the withdrawal and use of water, rather than leaving water instream for ecological, recreational and other purposes. New Mexico has no statutory protections for environmental flows and is increasing its diversions of water from rivers. This paper discusses the status of instream flows in the state and proposes policies to better protect the state’s waters.

Living In A Mixed-Income Development: Resident Perceptions Of The Benefits And Disadvantages Of Two Developments In Chicago, Mark L. Joseph

Faculty Scholarship

Policy-makers in several countries are turning to income- and tenure-mixing strategies in an attempt to reverse decades of social and economic isolation in impoverished urban areas. In the US city of Chicago, all high-rise public housing developments across the city are being demolished, public housing residents are being dispersed throughout the metropolitan area and 10 new mixed-income developments are being created on the footprint of former public housing complexes. Findings are presented from in-depth interviews with residents across income levels and tenures at two mixed income developments and the paper explores residents’ perceptions of the physical, psychological and social impacts …

Review Essay: Antebellum American Thought And Politics'', Max Skidmore

Faculty Scholarship

Review Essay of the following works: American Sovereigns: The People and America's Constitutional Tradition Before the Civil War. Christian G. Fritz, : Cambridge University Press , 2008 The Missouri Compromise and Its Aftermath: Slavery and the Meaning of America. Robert Pierce Forbes, : University of North Carolina Press , 2007 Vindicating Lincoln: Defending the Politics of Our Greatest President. Thomas L. Krannawitter, : Rowman and Littlefield , 2008

Combating Antimicrobial Resistance: Regulatory Strategies And Institutional Capacity, William M. Sage, David A. Hyman

Faculty Scholarship

Amnesia is a common, important, but rarely noted side effect of antibiotics. Apart from medical historians, few recall the severe morbidity and mortality once associated with acute bacterial infection. However, decades of antibiotic overuse and misuse have compromised the long-term availability and efficacy of these life-saving therapies. If designed and implemented appropriately, regulation can reduce the risk of bacterial infection, reserve antibiotics for circumstances where they are necessary, and rationalize the use of the most powerful agents. Regulation of antibiotic resistance can be justified, and should be guided, by both efficiency and fairness. A range of regulatory options are available--some …

Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher

Faculty Scholarship

The past fifteen years have seen the emergence of a new sport in America and around the world: mixed martial arts (“MMA”). MMA is an interdisciplinary combat sport whose participants engage in and combine a variety of fighting disciplines (e.g., kickboxing, wrestling, karate, jiu-jitsu, and so on) within one match.

In this Article, I examine and analyze the sport’s evolution, articulate a theory of sporting legitimacy, supply a conceptual taxonomy of regulation, and highlight potential reform. More specifically, my foundational treatment proceeds as follows. I first explain the modern history and development of MMA, tracing it from its shaggy, brutish …

Conflict Of Laws (2010), James P. George, Wm Frank Carroll, Stephanie K. Marshall

Faculty Scholarship

States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, parallel lawsuits, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This Article reviews Texas conflict cases from Texas state and federal courts during the Survey period from November 1, 2008, through October 31, 2009. The Article excludes cases involving federal-state conflicts; intrastate issues, such as subject matter jurisdiction and venue; and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases …

The Political Economy Of Data Protection, Peter K. Yu

Faculty Scholarship

Information is the lifeblood of a knowledge-based economy. The control of data and the ability to translate them into meaningful information is indispensable to businesspeople, policymakers, scientists, engineers, researchers, students, and consumers. Having useful, and at times exclusive, information improves productivity, advances education and training, and helps create a more informed citizenry. In the past two decades, those who collected or obtained access to a large amount of data began to explore ways to use the collected data as an income stream. Because the then-existing laws did not offer adequate protection for that particular purpose, they actively lobbied for stronger …

Reflections On Success And Failure In New Governance And The Role Of The Lawyer, Lisa T. Alexander

Faculty Scholarship

While the recent global economic downturn and the change in power in U.S. government force us to reexamine the efficacy of new governance approaches to public problem-solving and regulatory reform, the contributions of Symposium participants affirm that new governance will likely continue to be with us in the not-so-distant future. Thus, there is a continuing need to clarify the lawyer's role in new governance. This Afterword begins that task by (1) reassessing the core normative goals of much new governance jurisprudence and practice, analyzing and critiquing the limited role for lawyers envisioned in this field; (2) positing how lawyers should …

Pining For Sustainability, Timothy M. Mulvaney

Faculty Scholarship

The survey results discussed in Part I below reveal substantial paper consumption excesses in the existing law journal system. Though only thirty-three primary law journals responded to the survey, making extrapolation across the general population of all law journals difficult, the aggregate data is illuminating nonetheless. Based upon a very conservative evaluation of the data set, the respondent journals reported printing nearly seventeen million pages of paper in the one-year term of the 2008-2009 editorial boards. Isolated practices proved particularly disconcerting. For instance, one journal reported printing a full, single-sided copy of each of the more than two thousand electronically …

The Remnants Of Exaction Takings, Timothy M. Mulvaney

Faculty Scholarship

This article explores the ability of local governments to impose discretionary permit conditions, or "exactions, " to offset the burdens that new development places upon existing infrastructure and the environment. Over fifteen years ago, in Nollan v. California Coastal Commission and Dolan v. City of Tigard, a deeply divided U.S. Supreme Court ruled that the Takings Clause of the Fifth Amendment significantly restricts this governmental authority, for the clause requires the judiciary to apply a more stringent level of scrutiny in reviewing permit conditions than is accorded outright permit denials. These "regulatory takings " decisions provide land use regulators with …

Molecular Targets For Diabetes Mellitus-Associated Erectile Dysfunction, Elizabeth Yohannes, Jinsook Chang, Mark R. Chance

Faculty Scholarship

Protein expression profiles in rat corporal smooth muscle tissue were compared between animal models of streptozotocin-induced diabetes mellitus (STZ-DM) and agematched controls (AMCs) at 1 week and 2 months after induction of hyperglycemia with STZ treatment. At each time point, protein samples from four STZ-DM and four AMC rat corpora tissues were prepared independently and analyzed together across multiple quantitative two-dimensional gels using a pooled internal standard sample to quantify expression changes with statistical confidence. A total of 170 spots were differential expressed among the four experimental groups. A subsequent mass spectrometry analysis of the 170 spots identified a total …

Pesticide Risk Indicators: Unidentified Inert Ingredients Compromise Their Integrity And Utility, Michael D. Surgan, Madison Condon, Caroline Cox

Faculty Scholarship

Pesticide Risk Indicators (PRIs) are widely used to evaluate and compare the potential health and environmental risks of pesticide use and to guide pest control policies and practices. They are applied to agricultural, landscape and structural pest management by governmental agencies, private institutions and individuals. PRIs typically assess only the potential risks associated with the active ingredients because, with few exceptions, pesticide manufacturers disclose only the identity of the active ingredients which generally comprise only a minor portion of pesticide products. We show that when inert ingredients are identified and assessed by the same process as the active ingredient, the …