Digital Commons Network^™

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

Faculty Scholarship

No abstract provided.

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 …

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 …

Wildlife Knowledge Among Migrants In Southern Sumatra, Indonesia: Implications For Conservation, Philip J. Nyhus, Sumianto Tilson, Ronald Tilson

Faculty Scholarship

The value of traditional ecological knowledge for biodiversity research and conservation is widely recognized. The value of wildlife knowledge provided by recent migrants is less clear. Photographs of 10 mammal species were shown to 622 individuals in communities near Way Kambas National Park in Sumatra, Indonesia, to assess wildlife knowledge among recent migrants and to identify socio-economic variables that can be used to identify more knowledgeable informants. Knowledge scores were categorized by taxonomic family, genus and species. Large, charismatic and abundant animals were identified more frequently than smaller and more secretive animals. Higher knowledge scores were significantly associated with males, …

Picturing Efficiency: Precisionism, Scientific Management, And The Effacement Of Labor, Sharon L. Corwin

Faculty Scholarship

In the early decades of the twentieth century, the pursuit of efficiency came to dominate instances of industrial and artistic production: the engineering consultants Frank and Lillian Gilbreth attempted to visualize a language of minimal waste, while Precisionist art achieved its own aesthetic of efficiency. This essay examines the Precisionist project alongside the discourses of the rationalized factory and suggests a relationship between the formal economy of Precisionism and the rhetoric of scientific management. For Precisionist art and the Gilbreths' time-motion studies, the representation of efficiency ultimately entailed the elision of artist and worker as producers of labor.

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 …

Normative Copyright: A Conceptual Framework For Copyright Philosophy & Ethics, Jon M. Garon

Faculty Scholarship

As copyright issues have moved towards the forefront of popular culture, trade, and the Supreme Court docket, we have lost sight of the first principles framed copyright’s development. This article reviews and identifies legal and conceptual framework that serves as the legal foundation for recognition of copyright and the social basis for acceptance of copyright by the general public. The article discusses the basis for legitimacy of copyright. The article explores various theoretical underpinnings of copyright, critiques the more recent approaches to copyright, assessing copyright as an intangible and as a natural right, reviews the traditional economic and incentive-based rationales …

Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Two "Colored" Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews

Faculty Scholarship

This is a critique by two non-white law professors in the form of a conversation about the relevance of feminist law journals on their lives and scholarship. We conclude that the impression that feminist scholarship now is accepted in mainstream law reviews may be illusory and thus there is a continuing need for feminist law journals. In the past rather than creating a new type of journal, feminist law journals tend to replicate the traditional law journal model. Only the focus is different. Twenty years later not only do race and sexuality continue to separate us, but increasingly, careerism as …

Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin

Faculty Scholarship

No abstract provided.

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

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.

The Propriety Of Poetry In Judicial Opinions, Mary Kate Kearney

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.

Grief, Procedure And Justice: The September 11th Victim Compensation Fund, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin

Faculty Scholarship

No abstract provided.

What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati

Faculty Scholarship

No abstract provided.

Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec

Faculty Scholarship

Across a range of legal regimes - including environmental, tort, employment discrimination, corporate, securities, and health care law - United States law reduces or eliminates enterprise liability for those organizations that can demonstrate the existence of "effective" internal compliance structures. Presumably, this legal standard rests on an assumption that internal compliance structures reduce the incidence of prohibited conduct within organizations. This Article demonstrates, however, that little evidence exists to support that assumption. In fact, a growing body of evidence indicates that internal compliance structures do not deter prohibited conduct within firms and may largely serve a window-dressing function that provides …

Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds

Faculty Scholarship

This paper is part of a Symposium that considered the relevance of domestic conflict resolution theories in broader cultural contexts. The Northern Ireland Women's Coalition (Women's Coalition) participated in the negotiations leading up to the 1998 Good Friday/Belfast Agreement. Members of the Woman's Coalition responded to thirty years of sectarian violence with a negotiation process based on accommodation, inclusion, and relationship building, concepts that resonate with American-style problem-solving negotiation. Using the Women's Coalition as a case study, this Article suggests that there are procedural aspects of problem-solving negotiation theory that may work across domains, specifically in multi-party, intractable conflict situations, …

Seventh Aspect Of Self-Hatred: Race, Latcrit, And Fighting The Status Quo, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

Homeland Security, Pesticide Regulation And Common Household Chemicals: Are We Adequately Protecting All Our Sources, Leticia M. Diaz

Faculty Scholarship

In the aftermath of the terrorist attacks of September 11, 2001, legislators, business owners, consumers and everyday citizens, all with a view of how to protect our interests, voiced their opinions on how to improve national security with patriotic zest. FIFRA's main purpose is to ensure federal regulation of pesticide distribution and use. This power is of particular importance given the terroristic threat of possible chemical warfare. Chemical professionals were cognizant of the importance of site security even prior to the September 11th terrorist attacks. With respect to the risk of terrorist attacks using pesticides or other chemical agents, EPA …

New Surveillance, The , Sonia K. Katyal

Faculty Scholarship

A few years ago, it was fanciful to imagine a world where intellectual property owners - such as record companies, software owners, and publishers - were capable of invading the most sacred areas of the home in order to track, deter, and control uses of their products. Yet, today, strategies of copyright enforcement have rapidly multiplied, each strategy more invasive than the last. This new surveillance exposes the paradoxical nature of the Internet: It offers both the consumer and creator a seemingly endless capacity for human expression - a virtual marketplace of ideas - alongside an insurmountable array of capacities …

The Sense And Nonsense Of Web Site Terms Of Use Agreements, Sharon Sandeen

Faculty Scholarship

This article examines the purpose, use and enforceability of TOUs. In so doing it looks beyond the common question of whether TOUs are enforceable to ask whether and under what circumstances TOUs are necessary. This article explores whether the nature of the Internet is so different from the brick-and-mortar world that TOUs are needed for web sites but not for retail stores. A review of many of the existing TOUs reveals that major differences exist in the number and nature of their provisions. On one extreme are the TOUs of companies like Disney, Barnes and Noble and Amazon that apparently …

Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger

Faculty Scholarship

The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his …

Privacy As A Legal Principle Of Identity Maintenance, Jonathan Kahn

Faculty Scholarship

This article considers how existing literature on privacy recognizes, constructs and otherwise implicates something the Anglo-American legal tradition recognizes as 'identity'. Integral to this concern is approaching privacy as a regulative principle for constructing and managing relations between the individual and three primary spheres of engagement: society, the market, and the state. Contemporary analyses of privacy tend to concentrate of how privacy protects the individual from state tyranny or the prying eyes of social busy bodies. Much less attention has been paid, however, to privacy as a principle for demarcating a space beyond the reach of market forces. As privacy …

Institutionalization: What Do Empirical Studies Tell Us About Court Mediation?, Bobbi Mcadoo, Nancy A. Welsh, Roselle L. Wissler

Faculty Scholarship

In the 25 years since the Pound Conference, federal and state courts throughout the country have adopted mediation programs to resolve civil disputes. This increased use of mediation has been accompanied by a small but growing body of research examining the effects of certain choices in designing and implementing court-connected mediation programs.

This article focuses on the lessons that seem to be emerging from the available empirical data regarding best practices for programs that mediate non-family civil matters. Throughout the article, we consider the answers provided by research to three questions: (1) How does program design affect the success of …

The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu

Faculty Scholarship

In the recent World Men's Basketball Championships in Indianapolis, Team USA found out painfully that the international game is very different from what they play at home and that the gap between USA Basketball and the rest of the world has been closing. While their losses might have a significant impact on how the United States prepares for the 2004 Olympics in Athens and on how Americans train youngsters to play basketball, their teachings go beyond basketball.

The international harmonization process is a game with different rules, different officials, and players with different visions and mindsets. By watching how players …

More Pieces Of The Ceo Compensation Puzzle, Franklin G. Snyder

Faculty Scholarship

No current issue in corporate governance is more hotly debated than the question, "Why are American CEOs paid such high salaries?" A recent and influential answer, dubbed the "managerial power" approach, has an appealing simplicity: CEOs so thoroughly control their firms' compensation-setting machinery that they simply pay themselves whatever they want, restrained only by the tenuous limits of their own avarice and the vague need to avoid public "outrage." As an explanation for a complex process, however, the simplistic managerial power approach is so flawed as to be nearly useless. The single most intriguing feature of CEO compensation for example, …

Towards A New Scholarship For Equal Justice, James S. Liebman

Faculty Scholarship

Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice – as distinguished from scholarship about that topic – I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own …