Digital Commons Network^™

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 …

Next Generation Libraries, Clem Guthro

Faculty Scholarship

No abstract provided.

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 …

Curriculum Mapping: Bringing Evidence-Based Frameworks To Legal Education, Debra Moss Curtis, David M. Moss

Faculty Scholarship

This article explains the concept of curriculum mapping as used in the education profession and explains how it was applied in a mapping initiative at the NSU Law Center. Curriculum mapping is a process by which education professionals “document their own curriculum, then share and examine each other’s curriculums for gaps, overlaps, redundancies and new learning, creating a coherent, consistent, curriculum within and across areas that is ultimately aligned to standards and responsive to student data and other initiatives.” While this process has been used for many years in other areas of education, it is fairly new to legal education. …

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 …

Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Wendy J. Gordon, Orit Fischman Afori, Mark Janis, Susan Scafidi, Jonathan Moskin

Faculty Scholarship

Before beginning, let me mention that I will confine myself to a limited number of arenas. Thus, for example, I'm not going to discuss design patents, which will be the focus of another speaker's remarks. I will also not discuss the doctrine of aesthetic functionality. My primary goal will be to compare trademark's doctrine of utilitarian "functionality" with copyright's domain of "separability," and to show how for at least two circuit court opinions, the two doctrines may be converging. I hope to stimulate discussion of whether such convergence would be a good idea.

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 …

Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms, Susan Saab Fortney

Faculty Scholarship

This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.

Voip Mtic — Vat Fraud In Voice Over Internet Protocol, Richard Thompson Ainsworth

Faculty Scholarship

In the beginning, the VAT fraud known as missing trader intra-community (MTIC) fraud appeared to be a UK problem concentrated in the cell phone and computer chip markets. MTIC has mutated (to other commodities) and migrated (to other Member States). This paper describes how this fraud operates in the VoIP market, and how in this mutation it is no longer confined to the EU, but can infiltrate any VAT/GST anywhere.

Canada, Botswana, Japan, Iceland and Jamaica (to mention a few jurisdictions) have consumption taxes that are just as vulnerable as is the EU VAT to VoIP missing trader fraud. It …

Virtual Intermediaries In The Lodging Industry: Consumption Tax Problems In The U.S. And Japan, Richard Thompson Ainsworth

Faculty Scholarship

Marketplace technology is (inadvertently) chipping away at the effectiveness of consumption taxes – the Japanese Consumption Tax (CT), the European value added tax (VAT), and the American sales tax (ST) are all affected. Frequently a technology-patch or a law change can repair the tax-damage, but sometimes even though a patch or a change is known the design of the levy (or the politics behind the design) impedes application. This paper assesses these consumption taxes by considering the impact that virtual travel agents have had on revenue yields. The paper draws specific conclusions for the Japanese CT, because this consumption tax …

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 …

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 …

Plea Bargaining As A Legal Transplant: A Good Idea For Troubled Criminal Justice Systems, Cynthia Alkon

Faculty Scholarship

Countries struggling with overburdened criminal justice systems often decide to introduce U.S.-style plea bargaining as part of a larger process of criminal procedure reform. Plea bargaining, however, is not simply a technical change in process. Policymakers and rule of law assistance providers should consider the consequences of this new procedure beyond simple case processing. The introduction of plea bargaining requires legal professional to adapt to a new way of doing their jobs. It potentially changes how defendants and victims view the system. It also carries the potential to change how the general public views the legal system. This can be …

Digital Copyright Reform And Legal Transplants In Hong Kong, Peter K. Yu

Faculty Scholarship

Since the mid-1990s, countries have struggled to respond to copyright challenges created by the internet and new communications technologies. Although the law and policy debate in recent years has focused primarily on the entertainment industry’s aggressive tactics toward individual end-users, online service providers, and other third parties, a recent wave of legislative actions and lobbying efforts has rejuvenated the debate on the proper legal response to the digital copyright challenges.

Like many other jurisdictions, Hong Kong, in the past few years, has been busy exploring copyright law reform to respond to challenges created by the internet and new communications technologies. …

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 …

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 …

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 …

Creating Mixed-Income Developments In Chicago: Developer And Service Provider Perspectives, Mark L. Joseph

Faculty Scholarship

Mixed-income development has been embraced by policymakers across the country as a promising means of deconcentrating poverty and revitalizing inner city neighborhoods. The unprecedented scale of Chicago’s effort at mixed-income development provides an important opportunity to learn about the possibilities and challenges of this approach. Most of the new developments have completed at least one pre-occupancy phase of construction, marketing, and resident outreach. This paper explores the perspectives of two key actors in the mixed income development process: private developers and social service providers. In Depth interviews were conducted with 26 individuals working on nine of Chicago’s major new mixed-income …

Note, Making Ballot Initiatives Work: Some Assembly Required, Portia Pedro

Faculty Scholarship

For over one hundred years, the ballot initiative or proposition has been touted as a solution to some of the problems in the representative system of democracy in the United States. Depending on a state’s ballot initiative system, this mechanism enables citizens to make laws, to create or eliminate rights, or to amend the state’s constitution through a popular vote. Popular initiatives were initially intended to allow ordinary citizens to intervene in the democratic process when their representative officials were not carrying out their wishes. These proposition processes were supposed to create a space for public deliberation. By allowing the …

Quebec's Sales Recording Module (Srm): Fighting The Zapper, Phantomware, And Tax Fraud With Technology, Richard Thompson Ainsworth

Faculty Scholarship

No abstract provided.

Second Affidavit In Duluth V. Fond Du Lac Band Of Lake Superior Chippewa, Kevin Washburn

Faculty Scholarship

No abstract provided.

Section 230 Of The Cda: Internet Exceptionalism As A Statutory Construct, H. Brian Holland

Faculty Scholarship

Since its enactment in 1996, Section 230 of the Communications Decency Act has become perhaps the most significant statute in the regulation of online content, and one of the most intensely scrutinized.

The essay begins with a brief introduction to Section 230. As interpreted and applied by the judiciary, this statute is now conceived as a broad grant of immunity from tort liability.—broad not only in terms of those who can claim its protection but also in terms of predicate acts and causes of action to which such immunity extends.

Working from this foundation, I then seek to position the …

Financial Disclosure On Death Or Divorce: Balancing Privacy Of Information With Public Access To The Courts, Donna Litman

Faculty Scholarship

No abstract provided.

Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman

Faculty Scholarship

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce a …

The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee

Faculty Scholarship

This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …

Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Keats Citron

Faculty Scholarship

The public can now “friend” the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government needs to tap into the public’s expertise because it doesn’t have all of the answers. To be sure, Government 2.0 might improve civic engagement. But it also might produce privacy vulnerabilities because agencies often gain access to individuals’ social network profiles, photographs, videos, and contact lists when interacting with individuals online. Little would prevent agencies from using and …

From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super

Faculty Scholarship

Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon …