Digital Commons Network^™

Reconceptualizing Restorative Justice, Kate Bloch

Faculty Scholarship

No abstract provided.

Sentencing Reform In California, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

What Would The Delegates Talk About? A Rough Agenda For A Constitutional Convention, Darien Shanske

Faculty Scholarship

No abstract provided.

The Role Of Mental Health Professionals In Political Asylum Processing, Karen Musalo, Susan M. Meffert, Akra Osman Abdo

Faculty Scholarship

No abstract provided.

State Of Emergency California's Correctional Crisis, Aaron J. Rappaport, Kara Dansky

Faculty Scholarship

No abstract provided.

"First, Do No Harm" Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Forest Carbon Projects And International Law A Deep Equity Legal Analysis, David Takacs

Faculty Scholarship

No abstract provided.

Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi L. Short, Michael W. Toffel

Faculty Scholarship

No abstract provided.

The Centerpiece To Real Reform? Political, Legal, And Social Barriers To Reentry In California,, Eumi Lee

Faculty Scholarship

No abstract provided.

The Objectives And Principles Of The Trips Agreement, Peter K. Yu

Faculty Scholarship

The Agreement on Trade-Related Aspects of Intellectual Property Rights, which established the minimum standards for the protection and enforcement of intellectual property rights for WTO members, remains one of the more controversial international intellectual property agreements that have entered into force. Although that Agreement embraces a highly problematic super-size-fits-all approach, it includes a number of safeguards and flexibilities to facilitate economic development and to protect the public interest. Articles 7 and 8, in particular, lay out explicit and important objectives and principles that can play important roles in the interpretation and implementation of the Agreement.

Presented at the 2009 Santa …

Copyright For A Social Species, Robert E. Suggs

Faculty Scholarship

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry.

The expressive culture that copyright protects …

When Immigration Borders Move, Huyen Pham

Faculty Scholarship

With recent immigration enforcement efforts, we have created a completely new paradigm of moving borders: laws, enacted at all levels of government, that require proof of legal immigration status in order to obtain a driver's license, a job, rental housing, government need-based assistance, and numerous other essential benefits. Unlike the fixed physical border, these laws require proof of immigration status at multiple, moving points within the country's interior and are triggered through everyday transactions; if unable to prove her legal status, a person is denied the restricted benefit. If a person is denied access to multiple essential benefits, then she …

An Information Prescription For Prescription Drug Regulation, Anita Bernstein, Joseph Bernstein

Faculty Scholarship

No abstract provided.

The Privacy Box: A Software Proposal, Woodrow Hartzog

Faculty Scholarship

The contradiction of social networks is that revealing of personal, private information can have harmful consequences, yet users continue to disclose such information at an alarming rate. Ironically, the advent of social network sites opens the possibility of a relatively safe place to disclose private information. This article proposes a “privacy box” application to be used within social network sites that would require users to accept a pre–written promise of confidentiality before gaining access to personal information. Although it would not serve as a universal remedy for privacy harms on social network sites, it could serve to carve out a …

Dispersion Interactions Between Optically Anisotropic Cylinders At All Separations: Retardation Effects For Insulating And Semiconducting Single-Wall Carbon Nanotubes, Roger H. French

Faculty Scholarship

We derive the complete form of the van der Waals dispersion interaction between two infinitely long anisotropic semiconducting/insulating thin cylinders at all separations. The derivation is based on the general theory of dispersion interactions between anisotropic media as formulated in Munday et al. [Phys. Rev. A 71, 042102 (2005)]. This formulation is then used to calculate the dispersion interactions between a pair of single-walled carbon nanotubes at all separations and all angles. Nonretarded and retarded forms of the interactions are developed separately. The possibility of repulsive dispersion interactions and nonmonotonic dispersion interactions is discussed within the framework of the formulation.

The Brain In Its Body: Motor Control And Sensing In A Biomechanical Context, Hillel J. Chiel

Faculty Scholarship

Although it is widely recognized that adaptive behavior emerges from the ongoing interactions among the nervous system, the body, and the environment, it has only become possible in recent years to experimentally study and to simulate these interacting systems. We briefly review work on molluscan feeding, maintenance of postural control in cats and humans, simulations of locomotion in lamprey, insect, cat and salamander, and active vibrissal sensing in rats to illustrate the insights that can be derived from studies of neural control and sensing within a biomechanical context. These studies illustrate that control may be shared between the nervous system …

Revocable Trusts Under The Florida Trust Code, Donna Litman

Faculty Scholarship

No abstract provided.

2009 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein

Faculty Scholarship

No abstract provided.

Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein

Faculty Scholarship

Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system - including insufficient illness reporting data systems, lack of regulatory compliance and enforcement, and inadequate data and information on the chronic effects of exposure and overexposure to various pesticides - increase the likelihood that these workers will continue to be exposed to dangerous amounts of pesticides.

This Article assesses the existing mechanisms designed to protect farm workers from occupational exposure to pesticides and identifies and analyzes some of the shortcomings …

Socio-Economic Rights And Refugee Status:Deepening The Dialogue Between Human Rights And Refugee Law, Fatma E. Marouf, Deborah Anker

Faculty Scholarship

reviewing Michelle Foster, International Refugee Law and Socio-Economic Rights: Refuge from Deprivation (2007)

Rethinking Private Attorney Involvement Through A Low Bono Lens, Luz E. Herrera

Faculty Scholarship

Those who frequent our courthouses and work with low and moderate - income individuals have no illusions about the large gap between the rhetoric of justice and the present reality of our legal system. All over the country, courts are plagued by long dockets, slashed personnel, scarce resources, and self-represented individuals who are not literate in the law and represent themselves in complex legal proceedings or transactions out of necessity. If the accessibility of the legal system remains the top priority for ensuring justice, then perhaps we must consider forging new alliances, healing the political wounds of previous generations, and …

The Psychology Of Conflicts Of Interest In Criminal Cases, Tigran W. Eldred

Faculty Scholarship

This article demonstrates that current Sixth Amendment jurisprudence fails to account for how defense lawyers respond to conflicts of interest in criminal cases. Too often, the Supreme Court has made assumptions about the behavior of defense lawyers without empirical support. The result has been a confusing doctrinal landscape, which both relies upon and questions the ability of defense lawyers to address and resolve conflicts of interest.

This article fills the gap in existing literature by viewing conflicts of interest in criminal cases through the prism of behavioral economics. The research reveals that defense lawyers are subject to psychological biases that …

Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael J. Meurer

Faculty Scholarship

In this brief filed in Bilski vs. Kappos, pending before the U.S. Supreme Court, we argue that the "useful Arts" limitation of the the Intellectual Property Clause of the U.S.Constitution restricts the scope of Congress's patent power to technological advances. Beyond this constitutional limitation, Congress has not extended patent protection to business methods. The subject matter provision of the 1952 Patent Act merely codified existing subject matter categories and limitations, including the exclusion of business methods. The First Inventor Defense Act of 1999 did not alter this limitation on patentable subject matter. It did not amend the subject matter provision. …

No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

This article presents a critique of marijuana prohibition and suggests some alternative regulatory approaches that would be more productive and consonant with justice. Part I relies on a forty-year empirical record to demonstrate that (1) reliance on a law enforcement approach has aggravated rather than mitigated the risks involved with marijuana use, and (2) criminalization, which results in the arrest of more than 700, 000 Americans annually for possession of any amount of marijuana, is an inhumane and destructive response to an act that almost 100 million Americans have committed. Part II assesses the relative merits of several alternative reform …

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James

Faculty Scholarship

This Symposium Essay examines the campaign that led up to the last presidential election to illuminate the complex interplay between race and class within our society. Specifically, it explores how race and class functioned together to disadvantage President Obama in the race to the White House (even as he ultimately won the election). Section II focuses on how Obama’s income, job status, and prestigious education functioned as markers of elitism during the campaign, even as compared to opponents with more elite and wealthier backgrounds, and how these factors were used as tools by his opponents to convince lower-class white voters …

Governing Corporate Compliance, Miriam H. Baer

Faculty Scholarship

No abstract provided.

Urinary Protein Profiles In A Rat Model For Diabetic Complications, Daniela M. Schlatzer, Jean-Eudes Dazard, Rob M. Ewing, Serguei Ilchenko, Mark R. Chance

Faculty Scholarship

Diabetes mellitus is estimated to affect ∼24 million people in the United States and more than 150 million people worldwide. There are numerous end organ complications of diabetes, the onset of which can be delayed by early diagnosis and treatment. Although assays for diabetes are well founded, tests for its complications lack sufficient specificity and sensitivity to adequately guide these treatment options. In our study, we employed a streptozotocin- induced rat model of diabetes to determine changes in urinary protein profiles that occur during the initial response to the attendant hyperglycemia (e.g. the first two months) with the goal of …

Creating And Sustaining Successful Mixed-Income Communities: Conceptualizing The Role Of Schools, Mark L. Joseph, Jessica Feldman

Faculty Scholarship

This article examines the theory and evidence behind the increased policy and scholarly interest in the role that schools might play in promoting neighborhood revitalization, focuses on the extent to which schools might be a key component in the growing efforts across the country to address urban poverty by creating and sustaining mixed-income neighborhoods, identifies five channels through which investment in high-quality public schools might help facilitate the types of neighborhood- and individual-level outcomes sought through mixed-income development, explores the theoretical arguments behind these pathways, and draws on research to assess the potential value of each. The article concludes that …

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

Faculty Scholarship

This brief focuses on early resident experiences in two mixed-income developments, Oakwood Shores and Westhaven Park, which are part of the City of Chicago’s Plan for Transformation. We investigate how diferent residents—relocated public housing renters,2 afordable and market-rate renters, and afordable and market-rate owners—perceive the early benefts and disadvantages of living in a mixed-income development. Respondents’ refections about their early experiences in the new mixed-income developments focus on the following four areas: Physical environment and quality of life; Emotional health and stress; Social relations among residents; Financial implications