Digital Commons Network^™

Ethical Perspectives On New Ethical Dilemmas For Biotechnology, Robert A. Bohrer

Faculty Scholarship

No abstract provided.

Dead To Rights: A Father's Struggle To Secure Mental Health Services For His Son. Georgetown Journal On Poverty Law And Policy, April Land

Faculty Scholarship

This Article analyzes the gap between children's statutory rights and their actual access to services within the educational, medical and juvenile justice systems. This Article lays out the strong statutory rights and protections in the areas of special education and contrasts them with actual experience in trying to secure appropriate education, Medicaid and the juvenile justice system. The Article concludes that the agencies responsible for administering federal law must not be permitted to continue to avoid compliance with clear statutory mandates. They are failing to meet their legal responsibilities by asserting that services should be provided by other agencies, rather …

Attorney-Client Sex: A Feminist Critique Of The Absence Of Regulation, Malinda L. Seymore

Faculty Scholarship

Doctors can't do it. Psychotherapists can't do it. Ministers can't do it. Chiropractors and social workers can't do it. But lawyers can. Lawyers, in most jurisdictions, can have sex with their clients without violating a standard of professional responsibility.

Sex between lawyers and clients occurs far more frequently than many believe. In a 1993 nationwide survey of attorneys, 18.9% of the respondents had sex with a client or knew of at least one other attorney who had. Despite this figure, there are only a handful of cases where attorneys have been disciplined for having sex with their clients. The reported …

Traditional Knowledge, Intellectual Property, And Indigenous Culture: An Introduction, Peter K. Yu

Faculty Scholarship

Human communities have always generated, refined and passed on knowledge from generation to generation. Such "traditional" knowledge" [sic] is often an important part of their cultural identities. Traditional knowledge has played, and still plays, a vital role in the daily lives of the vast majority of people. Traditional knowledge is essential to the food security and health of millions of people in the developing world. In many countries, traditional medicines provide the only affordable treatment available to poor people. In developing countries, up to 80% of the population depend on traditional medicines to help meet their healthcare needs. In addition, …

Justice White And The Right Of Privacy, David D. Meyer

Faculty Scholarship

No abstract provided.

Archetypal Trials And The Management Of Dissent: Some Insights From Marketing Theory, Pnina Lahav

Faculty Scholarship

Recent marketing theory uses the Jungian concept of the archetype to design strategies for the improvement of product selling. Mark and Pearson propose that archetypes such as the ruler, the hero, the outlaw, and the sage are useful in promoting a product. This article suggests that the concept of archetypes as well as myths such as the Prometheus myth and the myth of the expulsion from Paradise, when combined with the insights offered by Mark and Pearson, may help in understanding the management of trials of dissent as well. The article presents seven motifs that recur in trials of dissent …

Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein

Faculty Scholarship

Next to issues of land, water resources are the major bone of contention in the peace negotiations between Israel and the Palestinian Arabs. The objective of negotiations is de facto setting the clock back to the eve of the Israel War of Independence, when the Jews accepted the 1947 UN resolution of partition, while the Arabs rejected it. The Arabs now accept the principle of territorial partition, but at the same time, they demand re-apportioning of resources, mainly of water. The Palestinians contend that the facts created on the ground unilaterally by Israel during the last 50 years, namely the …

Prevention Perspectives On "Different" Kinds Of Discrimination: From Attacking Different "Isms" To Promoting Acceptance In Critical Race Theory, Law And Economics, And Empirical Research, Clark Freshman

Faculty Scholarship

No abstract provided.

Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes

Faculty Scholarship

No abstract provided.

A Matter Of Priority: Transplanting Organs Preferentially To Registered Donors, Adam Kolber

Faculty Scholarship

No abstract provided.

Bodily Integrity And Informed Choice In Times Of War And Terror, George J. Annas

Faculty Scholarship

Law is the dominant force behind American medical ethics, and has been for at least the past half-century. That ' lawyers and judges, rather than physicians, have set the agenda for medical ethics in the United States is a bit surprising to many in the field of medical ethics, but it should not be. Medicine has historically been based on paternalism. The Hippocratic physician was obligated to act in the best interests of the patient-as the physician judged those interests-and to "do no harm." American law, on the other hand, is based on liberty and justice, principles that, among other …

One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

Various studies reported that juvenile crimes of violence fell in the 1990s by as much as 30%. ¹⁰ In high schools specifically, the incidence of threatening behavior in 1996 changed little from two decades earlier, ¹¹ with the chances of being killed in school far less than being struck by lighting. ¹² The "juvenile crime bomb" proved illusory (as Delulio himself eventually acknowledged ¹³), but the severe measures designed to deal with it remain entrenched. Zero tolerance has taken on a life of its own, partly because public misperception remains high, ¹⁴ and partly because in our hardheaded times …

Achieving The Right Balance In Oversight Of Physician Opioid Prescribing For Pain: The Role Of State Medical Boards, Diane E. Hoffmann, Anita J. Tarzian

Faculty Scholarship

No abstract provided.

Can't We All Get Along? The Case For A Workable Patent Model, Srividhya Ragavan

Faculty Scholarship

The global move towards a trade regime has been impeded by challenges of poverty and health crisis for the developing nations. Until now, the developed nations have touted the establishment of a trade regime as envisaged under TRIPS as the solution for the national challenges. This paper examines the effectiveness of TRIPS as a mechanism to move towards a trade regime. It argues that the patent policy in TRIPS cannot gear the world towards patent harmonization but can potentially adversely impact the developed nations and the post-world war trade structure. The impediments affecting the effectiveness of TRIPS as a harmonizing …

Okazaki Fragment Maturation In Yeast -1. Distribution Of Functions Between Fen1 And Dna2, L. Rao Ayyagari, Xavier V. Gomes, Dimitry A. Gordenin, Peter M.J. Burgers

Faculty Scholarship

In the presence of proliferating cell nuclear antigen, yeast DNA polymerase delta (Pol delta) replicated DNA at a rate of 40-60 nt/s. When downstream double-stranded DNA was encountered, Pol delta paused, but most replication complexes proceeded to carry out strand-displacement synthesis at a rate of 1.5 nt/s. In the presence of the flap endonuclease FEN1 (Rad27), the complex carried out nick translation (1.7 nt/s). The Dna2 nuclease/helicase alone did not efficiently promote nick translation, nor did it affect nick translation with FEN1. Maturation in the presence of DNA ligase was studied with various downstream primers. Downstream DNA primers, RNA primers, …

Okazaki Fragment Maturation In Yeast: Ii. Cooperation Between The Polymerase And 3′-5′-Exonuclease Activities Of Pol Δ In The Creation Of A Ligatable Nick, Yong Hwan Jin, L. Rao Ayyagari, Michael A. Resnick, Dmitry A. Gordenin, Peter M.J. Burgers

Faculty Scholarship

To address the different functions of Pol δ and FEN1 (Rad27) in Okazaki fragment maturation, exonuclease-deficient polymerase Pol δ-01 and Pol δ-5DV (corresponding to alleles pol3–01-(D321A, E323A) and pol3–5DV-(D520V), respectively) were purified and characterized in this process. In the presence of the replication clamp PCNA, both wild-type and exo− Pol δ carried out strand displacement synthesis with similar rates; however, initiation of strand displacement synthesis was much more efficient with Pol δ-exo−. When Pol δ-exo− encountered a downstream primer, it paused with 3–5 nucleotides of the primer displaced, whereas the wild type carried out precise gap filling. Consequently, in the …

Vinpocetine For Cognitive Impairment And Dementia, Peter J. Whitehouse

Faculty Scholarship

Background: Vinpocetine is a synthetic ethyl ester of apovincamine, a vinca alkaloid obtained from the leaves of the Lesser Periwinkle (Vinca minor) and discovered in the late 1960s. Although used in human treatment for over twenty years, it has not been approved by any regulatory body for the treatment of cognitive impairment. Basic sciences studies have been used to claim a variety of potentially important effects in the brain. However, despite these many proposed mechanisms and targets, the relevance of this basic science to clinical studies is unclear. Objectives: To assess the efficacy and safety of vinpocetine in the treatment …

Taking The Bite Out Of Wildlife Damage: The Challenges Of Wildlife Compensation Schemes, Philip J. Nyhus, Hank Fisher, Steve Osofsky, Francine Madden

Faculty Scholarship

No abstract provided.

Dangerous Animals In Captivity: Ex Situ Tiger Conflict And Implication For Private Ownership Of Exotic Animals, Philip J. Nyhus, Ronald L. Tilson, J L. Tomlinson

Faculty Scholarship

The risks associated with tiger attacks on people in the wild are well documented. There may currently be more tigers in captivity than in the wild, but relatively little is known about the risks of injury or death associated with owning and managing captive tigers and other large carnivores. The purpose of this study was to conduct a global assessment of attacks by captive tigers on people, with particular emphasis on cases in the United States. Our analysis of 30 international media sources and additional documents uncovered 59 unique incidents in 1998-2001 in which people were reportedly injured or killed …

Democratic Legitimacy In Human Rights: The Future Of International Decision-Making, Douglas Lee Donoho

Faculty Scholarship

No abstract provided.

Piercing The Academic Veil: Disaffecting The Common Law Exception To Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University , Lawrence M. Sung

Faculty Scholarship

No abstract provided.

Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

What Makes Genetic Discrimination Exceptional?, Deborah Hellman

Faculty Scholarship

No abstract provided.

Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach

Faculty Scholarship

No abstract provided.

Evidence And The One-Liner: A Beginning Evidence Professor’S Exploration Of The Use Of Humor In The Law School Classroom, John J. Capowski

Faculty Scholarship

No abstract provided.

From Words To Sacrament, From Sacrament To Flesh: The Concept Of Marriage, Randy Lee

Faculty Scholarship

No abstract provided.

Pursuing Sustainable Communities: Looking Back, Looking Forward, John C. Dernbach, Scott Bernstein

Faculty Scholarship

No abstract provided.

The New Federalism: Discerning Truth In American Myths And Legends, Randy Lee

Faculty Scholarship

No abstract provided.

Superfund Vs. Mega-Sites: The Coeur D'Alene River Basin Story, Clifford J. Villa

Faculty Scholarship

Stretching across the "panhandle" of northern Idaho, the Coeur d'Alene River Basin evokes a mixed sense of wonder. Within this vast region of mountains and marshes, forests and farmland, creeks and canyons, a vibrant mining industry emerged more than a century ago. Along with the mining industry came the mining towns-and the mining pollution. Over time, the volume of mining wastes discharged into waters of the Coeur d'Alene Basin reached Brobdingnagian proportions: enough waste to fill a football field with a pile four miles high.

Cognitive Foundation Of The Impulse To Blame, Lawrence Solan

Faculty Scholarship

No abstract provided.