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Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat Jan 2007

Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat

Faculty Scholarship

This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …


Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler Jan 2007

Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler

Faculty Scholarship

Should equality be viewed from a lifetime or "sublifetime" perspective? In measuring the inequality of income, for example, should we measure the inequality of lifetime income or of annual income? In characterizing a tax as "progressive" or "regressive," should we look to whether the annual tax burden increases with annual income, or instead to whether the lifetime tax burden increases with lifetime income? Should the overriding aim of anti-poverty programs be to reduce chronic poverty: being badly off for many years, because of low human capital or other long-run factors? Or is the moral claim of the impoverished person a …


Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn Jan 2007

Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn

Faculty Scholarship

This article applies insights from critical race theory to examine an emerging phenomenon in biotechnology research and product development. The strategic use of race as a genetic category to obtain patent protection and drug approval. A dramatic rise in the use of race in biotechnology patents indicates that researchers and affiliated commercial enterprises are coming to see social categories of race as presenting opportunities for gaining, extending, or protecting monopoly market protection for an array of biotechnological products and services. Racialized patents are also providing the basis for similarly race-based clinical trial designs, drug development, capital raising and marketing strategies …


Reforming Fda Policy For Pediatric Testing: Challenges And Changes In The Wake Of Studies Using Antidepressant Drugs, Joanna K. Sax Jan 2007

Reforming Fda Policy For Pediatric Testing: Challenges And Changes In The Wake Of Studies Using Antidepressant Drugs, Joanna K. Sax

Faculty Scholarship

No abstract provided.


Drug Testing Of Students: A Legal And Public Health Perspective, Floralynn Einesman Jan 2007

Drug Testing Of Students: A Legal And Public Health Perspective, Floralynn Einesman

Faculty Scholarship

This article seeks to address the efficacy of school drug-testing programs. After providing some general background information on the abuse of substances, the article sets forth the Supreme Court decisions on student drug testing. Part III then discusses the extension of the jurisprudence in the state courts to show how the Supreme Court law is being expanded by the states, and is likely to be further expanded in the future. The next section, Part IV, turns to drug screening from a public health perspective, analyzing whether or not drug screening is a valid public health screen. Finally, Part V examines …


In Memoriam: Clark Byse, Stephen G. Breyer, Elena Kagan, Andrew L. Kaufman, Todd D. Rakoff, Peter L. Strauss, Richard K. Willard Jan 2007

In Memoriam: Clark Byse, Stephen G. Breyer, Elena Kagan, Andrew L. Kaufman, Todd D. Rakoff, Peter L. Strauss, Richard K. Willard

Faculty Scholarship

The editors of the Harvard Law Review respectfully dedicate this issue to Professor Clark Byse.


The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner Jan 2007

The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner

Faculty Scholarship

Private attorneys are entering into contingency-fee based special counsel agreements with states, territories and tribes, to bring public natural resource damage (NRD) claims. Under this agreement, special counsel brings a NRD action on behalf of the public and fronts the litigation costs, but deducts a percentage of the public's damage recovery to pay the attorney's contingency fee; the remainder goes into a fund to be allocated by the government's NRD trustee. Because NRD claims implicate gargantuan damage awards, the legality of depleting such a damage award by a substantial percentage to pay an attorney's fee is a significant issue that …


Beyond Blame—Mens Rea And Regulatory Crime, Arthur Leavens Jan 2007

Beyond Blame—Mens Rea And Regulatory Crime, Arthur Leavens

Faculty Scholarship

In the first part of this Article, the Author briefly outlines the conceptual underpinnings of the common law approach to mens rea, with its blame focus, and the Supreme Court's early efforts to develop a different approach in interpreting regulatory criminal statutes. The Author begins the second part of this Article with Lambert v. California, in which the Court staked out the constitutional limits for the employment of strict liability in public welfare or regulatory crimes, and, first employed notice-based mens rea. This part goes on to examine the ensuing cases in which the Court, at least implicitly, fleshes out …


The Overlapping Magisteria Of Law And Science: When Litigation And Science Collide, William G. Childs Jan 2007

The Overlapping Magisteria Of Law And Science: When Litigation And Science Collide, William G. Childs

Faculty Scholarship

In this Article, the Author explores two unexpected consequences of joining science and law at the hip, and considers whether these consequences represent reciprocal contamination, or instead cross-fertilization, of law and science. In Part I of this Article, the Author provides a brief review of the evolution of legal standards for the admissibility of what is termed "scientific evidence," including Frye and Daubert and their progeny. In Part II of the Article, the Author gives a (necessarily limited) overview of certain modern scientific paradigms of reliability and he explores the realities of peer reviews and of other institutions in science …


Impacts Of Bottom Trawling On A Deep-Water Oculina Coral Ecosystem Off Florida., John K. Reed, Christopher C. Koenig, Andrew N. Shepard Jan 2007

Impacts Of Bottom Trawling On A Deep-Water Oculina Coral Ecosystem Off Florida., John K. Reed, Christopher C. Koenig, Andrew N. Shepard

Faculty Scholarship

In 1984, a portion of the deep-water Oculina coral reef ecosystem off eastern Florida was protected as the Oculina Habitat Area of Particular Concern (OHAPC), prohibiting bottom trawls, longlines, dredges, and anchors. Unfortunately, the northern two thirds of the reef system remained open to these gear until 2000 when the OHAPC boundaries were expanded to 1029 km2. In the 1970s, the Oculina reefs were teeming with large spawning aggregations of grouper and snapper. By the early 1990s, commercial and recreational fishing had decimated the fish populations, and the coral had been severely impacted by bottom trawling for rock shrimp. Historical …


Neopeltolide A New Macrolide From A Lithistid Sponge Of The Family Neopeltidae., Amy E. Wright, J. C. Botelho, Esther A. Guzman, Dedra K. Harmody, P. A. Linley, Peter J. Mccarthy, Tara P. Pitts, Shirley A. Pomponi, John K. Reed Jan 2007

Neopeltolide A New Macrolide From A Lithistid Sponge Of The Family Neopeltidae., Amy E. Wright, J. C. Botelho, Esther A. Guzman, Dedra K. Harmody, P. A. Linley, Peter J. Mccarthy, Tara P. Pitts, Shirley A. Pomponi, John K. Reed

Faculty Scholarship

A new marine-derived macrolide designated as neopeltolide (1) has been isolated from a deep-water sponge of the family Neopeltidae. Its structure was elucidated on the basis of spectroscopic data interpretation. Neopeltolide (1) is a potent inhibitor of the in vitro proliferation of the A-549 human lung adenocarcinoma, the NCI-ADR-RES human ovarian sarcoma, and the P388 murine leukemia cell lines, with IC50’s of 1.2, 5.1, and 0.56 nM, respectively. Neopeltolide (1) also inhibited the growth of the fungal pathogen Candida albicans with a minimum inhibitory concentration of 0.62 íg/mL.


Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe Jan 2007

Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Copyright In An Era Of Information Overload: Toward The Privileging Of Categorizers, Frank Pasquale Jan 2007

Copyright In An Era Of Information Overload: Toward The Privileging Of Categorizers, Frank Pasquale

Faculty Scholarship

No abstract provided.


Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer Jan 2007

Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer

Faculty Scholarship

No abstract provided.


Director Independence In The Independent Sector, Dana Brakman Reiser Jan 2007

Director Independence In The Independent Sector, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Emerging Commons And Tragic Institutions, Brigham Daniels Jan 2007

Emerging Commons And Tragic Institutions, Brigham Daniels

Faculty Scholarship

For the past forty years, scholars have developed an immense literature devoted to understanding and solving the tragedy of the commons. The most prominent solutions to this tragedy have focused on building and maintaining stable institutions. This Article reexamines this foundational literature by exploring the costs of stability. In many cases, far more than is generally recognized, the way we value the commons changes. When values change, stable institutions that once made perfect sense become rigid institutions that block change. This Article explains how institutions most able to solve the tragedy of the commons often cause a tragedy of another …


Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein Jan 2007

Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein

Faculty Scholarship

No abstract provided.


Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein Jan 2007

Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein

Faculty Scholarship

No abstract provided.


Lng Facility Siting And Environmental (In)Justice: Is It Time For A National Siting Scheme?, Eileen Gauna Jan 2007

Lng Facility Siting And Environmental (In)Justice: Is It Time For A National Siting Scheme?, Eileen Gauna

Faculty Scholarship

This Article examines the distributional and other environmental justice issues arising from the current initiative to rapidly site multiple LNG import facilities in order to increase the supply of natural gas into the continental United States. This Article further examines the necessity of creating a national siting scheme to avoid exacerbating existing racial disparities in risk-producing land use practices.


Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki Jan 2007

Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki

Faculty Scholarship

Many asylum seekers are denied relief in the United States because the asylum officer or immigration judge evaluating the case does not believe the asylum applicant is telling the truth. The applicant may appear not to be credible because his story of persecution lacks sufficient detail and is inconsistent. A victim of severe and often prolonged trauma may develop post-traumatic stress disorder (PTSD), which profoundly affects his ability to tell a consistent and detailed story of past persecution. Thus, an asylum seeker suffering from PTSD as a result of traumatic experiences, desperately in need of a safe haven, may be …


Mind Games: Rethinking Bapcpa's Debtor Education Provisions, Nathalie Martin, Ocean Tama Y Sweet Jan 2007

Mind Games: Rethinking Bapcpa's Debtor Education Provisions, Nathalie Martin, Ocean Tama Y Sweet

Faculty Scholarship

This Essay provides some initial ideas about how one might redesign an appropriate course for bankruptcy debtors.


Felix Cohen, Anti-Semitism And American Indian Law. Book Review Of Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism By Dalia Tsuk Mitchell, Kevin Washburn Jan 2007

Felix Cohen, Anti-Semitism And American Indian Law. Book Review Of Architect Of Justice: Felix S. Cohen And The Founding Of American Legal Pluralism By Dalia Tsuk Mitchell, Kevin Washburn

Faculty Scholarship

Felix Cohen and his work and legacy are discussed in several new books, including an important intellectual biography of Cohen by Dalia Tsuk Mitchell. Using the Mitchell biography as a starting point, this essay discusses an important episode in Cohen's life, involving apparent anti-Semitism at the Department of Justice. Because the episode is not fully explored in this otherwise excellent biography, Cohen and his motivations in Indian law remain a mystery in some respects. The essay also discusses some of the paradoxes of Cohen's key involvement in federal Indian policy and the contemporary importance of some of his legacies in …


The Politics Of Risk: Pre-Litigation Site Assessment In Houston, Texas, Gregg P. Macey Jan 2007

The Politics Of Risk: Pre-Litigation Site Assessment In Houston, Texas, Gregg P. Macey

Faculty Scholarship

No abstract provided.


Long Term Monitoring Of A Deep-Water Coral Reef: Effects Of Bottom Trawling., John K. Reed, Christopher C. Koenig, Andrew N. Shepard, R. G. Gilmore Jan 2007

Long Term Monitoring Of A Deep-Water Coral Reef: Effects Of Bottom Trawling., John K. Reed, Christopher C. Koenig, Andrew N. Shepard, R. G. Gilmore

Faculty Scholarship

The deep-water Oculina coral reef ecosystem is unique and exists solely off the east coast of central Florida. Oculina varicosa forms azooxanthellate colonies up to 2 m in diameter which coalesce into dense thickets on 20-m tall mounds that are thousands of years old. Recently restored videotapes that were made in the 1970s with the Johnson-Sea-Link submersibles show large breeding aggregations of grouper associated with the coral habitat. Historical photographic surveys provide evidence of the status and health of the reefs prior to heavy fishing and trawling activities of the 1980s and 1990s. Recent quantitative analyses by point count of …


Final Oculina Evaluation Team Report, Oculina Experimental Closed Area (Oeca)., John K. Reed, Christopher C. Koenig, R. G. Gilmore, M. Miller, Andrew N. Shepard, C. Werner Jan 2007

Final Oculina Evaluation Team Report, Oculina Experimental Closed Area (Oeca)., John K. Reed, Christopher C. Koenig, R. G. Gilmore, M. Miller, Andrew N. Shepard, C. Werner

Faculty Scholarship

The Council established the Oculina Evaluation Team (OET) as part of its Evaluation Plan for the Oculina Experimental Closed Area (OECA). The team -- comprising law enforcement representatives, research scientists, resource managers, commercial fishermen, recreational fishermen, outreach experts, and non-governmental organization representatives -- was charged with reviewing and providing recommendations for the ongoing research and monitoring, outreach, and law enforcement components of the Evaluation Plan. These recommendations will assist the Council in completing a required 3-year size and configuration evaluation and a 10-year complete evaluation of the OECA. The OET convened for the first time August 21-23, 2006 in Port …


Do You See What I See - Reflections On How Bias Infiltrates The New York City Family Court - The Case Of The Court Ordered Investigation, Leah A. Hill Jan 2007

Do You See What I See - Reflections On How Bias Infiltrates The New York City Family Court - The Case Of The Court Ordered Investigation, Leah A. Hill

Faculty Scholarship

That the Family Court is ill-equipped to address the needs of the hundreds of thousands of cases handled therein is not news. Exploding caseloads, complex problems, and minimal resources are just a few of the ingredients that combine to undermine the Court's ability to fulfill its promise. What has been given less attention until very recently is the extent to which the Family Court's failures disproportionately impact low-income families of color. Any analysis of the Court's impact or efficacy must consider the context I have described in my observations of the Court- the images of black and brown litigants hurrying …


School Choice And States' Duty To Support Public Schools , Aaron J. Saiger Jan 2007

School Choice And States' Duty To Support Public Schools , Aaron J. Saiger

Faculty Scholarship

The education clauses of state constitutions require states to support schools that not only educate children adequately and equitably, but that are "public" or "common." This Article argues that state-supported school choice can be consistent with these latter requirements. Individual choices, about where to live and whether to educate children privately, have long shaped traditional "public" schooling arrangements. The more direct role choice plays in school voucher and charter programs is also consistent with the requirement that schools be "public." Such programs must ensure, however, that parents' choices among schools are "genuine and independent." This criterion, developed by the U.S. …


Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity Symposium: Nonprofit Law, Economic Challenges, And The Future Of Charities: Panel Iv: The Increasing Resemblance Of Nonprofit And Business Organizations Law, Linda Sugin Jan 2007

Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity Symposium: Nonprofit Law, Economic Challenges, And The Future Of Charities: Panel Iv: The Increasing Resemblance Of Nonprofit And Business Organizations Law, Linda Sugin

Faculty Scholarship

It is my privilege, as organizer of this conference, to reflect on the excellent papers published in this issue and the wonderful discussions that they inspired. The presentations left me with the impression that the law of nonprofit governance is moving toward a more corporate model of accountability-a model that emphasizes audits and other formal financial controls, and that focuses enforcement on financial wrongdoing and misuse of charitable funds by directors and managers. Along with these developments, it appears that the legal role of donors in nonprofit governance is growing, increasing donors' ability to impose their vision on the organizations …


Integrative Lawyering: Navigating The Political Economy Of Urban Redevelopment Symposium: Race, Economic Justice, And Community Lawyering In The New Century, Sheila R. Foster Jan 2007

Integrative Lawyering: Navigating The Political Economy Of Urban Redevelopment Symposium: Race, Economic Justice, And Community Lawyering In The New Century, Sheila R. Foster

Faculty Scholarship

This shift from defending and reacting to creating and envisioning requires a more engaged organizational role for the lawyer. The lawyer is now expected to do more than translate the organization/community's grievance into discreet legal frameworks and discourse---e.g., a civil rights violation, a nuisance, participatory right, etc. The lawyer now intervenes in negotiations from which the organization or community has been excluded. This new role requires a shifting, flexible mix of skills and a more dynamic interaction with the organization and its varied functions-policy, community education, lobbying, and organizing. This new role is what we call "integrative lawyering," an emergent …


Toward A Human Rights Framework For Intellectual Property, Laurence R. Helfer Jan 2007

Toward A Human Rights Framework For Intellectual Property, Laurence R. Helfer

Faculty Scholarship

This Article, prepared for a Symposium on Intellectual Property and Social Justice held at the University of California at Davis School of Law in March 2006, addresses the growing intersection of human rights law and intellectual property law. Its principal point of departure is a November 2005 General Comment on "the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author" - a relatively obscure provision of the International Covenant on Economic, Social and Cultural Rights. The Article builds upon the analysis …