Digital Commons Network^™

Honesty, Privacy And Shame: When Gay People Talk About Other Gay People To Nongay People, Steven K. Homer, David L. Chambers

Faculty Scholarship

There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. This article looks that this convention as it applies in the context of conversations between individuals about acquaintances, friends, and the person next door. We focus on the outing of ordinary people by other ordinary people because the day-to-day lies openly gay people tell to protect friends and acquaintances often place the tellers in a personal ethical …

Dephasing In Hyper-Rayleigh Scattering From Organic Materials, S. F. Hubbard, Rolfe G. Petschek, Kenneth D. Singer

Faculty Scholarship

The spectral content of hyper-Rayleigh scattering (HRS) was studied with solutions of disperse red-1 (DR1) in acetone at a specific fundamental wavelength. Dephasing can occur when the effective lifetime of the virtual state approaches a two-photon resonance. Experiments were developed that will measure all six observables in HRS by observing the scattering at 45°, continuously varying the phase of the fundamental by rotating a quarter-waveplate, and using another quarter-waveplate with a linear polarizer to analyze the harmonic. These experiments proved the validity of Kleinmann symmetry in near-resonant and far off-resonant regimes.

The Laws Of Genetics, Michael S. Baram

Faculty Scholarship

It used to be that high technology meant nuclear physics and missile systems, and presented the threat of physical destruction. Today, "high tech" means biotechnology and electronic communication systems, and the focus has shifted to concerns about more subtle problems like loss of privacy, inability to control personal information, and the discriminations and other adversities that often follow.

Collections Of Marine Organisms For Research On Natural Products Chemistry And Biodiversity: A Survey Of The Benthic Communities With Emphasis On Porifera, Octocorals, And Algae From The Reefs And Grassbeds Of Bootless Bay, Papua New Guinea., John K. Reed, M. Kelly-Borges, Kathleen E. Janda, Sherry A. Reed

Faculty Scholarship

This report summarizes the results of a research expedition conducted by Harbor Branch Oceanographic Institution (HBOI), Division of Biomedical Marine Research (DBMR) at Bootless Bay, Papua New Guinea, January 22-31, 1994. The marine fauna and flora were surveyed and sampled by scuba diving and snorkeling at 19 sites which consisted of fringing reefs, patch reefs, deep water pinnacles, shallow reef and sand flats, mangroves, and seagrass beds.

A total of 506 samples of marine organisms were collected, including 295 sponges, 89 octocorals, 35 tunicates, 14 echinoderms, and 60 algae. At least three species of sponges may be new species, previously …

Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Final Cruise Report: Submersible And Scuba Collections Around Little Bahama Bank, Bahama Islands., John K. Reed, Amy E. Wright, Robin Willoughby, Kathleen E. Janda, Tara P. Pitts, Lynn Robertson, Sandra Scarpa, Melanie Mcelroy

Faculty Scholarship

Division of Biomedical Marine Research (DBMR) scientists [John Reed (Chief Scientist; Dive Safety Officer), Dr. Amy Wright, Robin Willoughby, Kathleen Janda, Tara Pitts, Lynn Robertson, Sandra Scarpa, and Melanie McElroy conducted a 7 day research expedition to the Bahama Islands on the R/V EDWIN LINK from April 26 to May 2, 1995. The primary objectives were: 1) to

collect marine invertebrates for discovery of novel compounds with therapeutic potential; 2) to document the biodiversity of deep-water benthic communities with videotapes, 35-mm photographs, and museum specimens using the JOHNSON-SEA-LINK I Research Submersible; 3) to isolate heterotrophic microorganisms for culture; and 4) …

Submersible And Scuba Collections In The Coastal Waters Of The Bahama Islands And Florida's Oculina Coral Banks: Biomedical And Biodiversity Research Of The Benthic Communities With Emphasis On Porifera And Gorgonacea., Shirley A. Pomponi, John K. Reed, Amy E. Wright, Kathleen E. Janda, Robin Willoughby, Susan H. Sennett, M. Kelly-Borges, James O. Mcinerney, Christi L. Adams, Klaus, Kelly-Borges, David Myles

Faculty Scholarship

Division of Biomedical Marine Research (DBMR) scientists [Dr. Shirley Pomponi (Principal Investigator; Director, Division of Biomedical Marine Research), John Reed (Chief Scientist; Dive Safety Off icer), Dr. Amy Wright, Robin Willoughby, Kathleen Janda, and Dr. Susan Sennett] and visiting scientists [Dr. Michelle Kelly-Borges, Dr. James McInerney, Dr. David Myles, Christi Adams, and Klaus Kelly-Borges] conducted a 7 day research expedition to the Bahama Islands on the R/V EDWIN LINK from October 25 to 31, 1996. One submersible dive was also conducted on the deep-water Oculina coral banks of central eastern Florida. The primary objectives were: 1) to conduct biochemical and …

Generally Applicable Laws And The First Amendment, David S. Bogen

Faculty Scholarship

No abstract provided.

In Defense Of The Superfund Liability System: Matching The Diagnosis And The Cure, Rena I. Steinzor, Linda E. Greer

Faculty Scholarship

No abstract provided.

Learning To Teach, Teaching To Learn, Kathryn M. Plank, Diane M. Enerson, Susannah Milner, R. Neill Johnson

Faculty Scholarship

No abstract provided.

The Unfocused Regulation Of Toxic And Hazardous Pollutants, John C. Dernbach

Faculty Scholarship

No abstract provided.

Campaign Finance Reform: Still Searching Today For A Better Way, Joel Gora

Faculty Scholarship

No abstract provided.

Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya

Faculty Scholarship

I analyze the connection of affirmative action to two models of race and racism. I contend that the Supreme Court Justices who continue to support affirmative action adhere to a "prejudice" model in which race is a concept to be overcome and racism is merely a condition of individual ignorance. 13 On the other hand, I posit that Professor Butler's proposals fall within a "white supremacy" model, which looks at race as a historically contingent concept that has been used to subordinate non-white peoples from precolonial times through the present. This historical perspective offers the possibility that the concept of …

Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore

Faculty Scholarship

This response essay will first characterize UNHCR's role in the international protection of refugees, as a means of assessing the relevance of UNHCR's perspective to U.S. judicial decision-making in the area of asylum. The paper will then respond to each of the three problematic issues which Professor Fitzpatrick identifies in contemporary U.S. asylum law, by presenting, in each case, a broad proposition of international law which will then be substantiated with reference to relevant principles, guidelines and insights from the international refugee protection community of which UNHCR is a part. Finally, the essay's conclusion will offer a possible rationale for …

Media And Monopoly In The Nformation Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon

Faculty Scholarship

No abstract provided.

Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla

Faculty Scholarship

This article explores the position of women of color in the affirmative action dialogue. Affirmative action has come under attack locally, statewide, and federally. During this same period, critical race feminists have brought into sharp relief how women of color are marginalized or erased in discourses over sex and gender, as well as over race and ethnicity. Despite these protests and warnings, the current debate over affirmative action continues this history of invisibility, perpetuating America's spoken and unspoken conceptions about where women of color belong. For example, most discussion of affirmative action focuses on race, more specifically on African-Americans. Some …

Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks

Faculty Scholarship

In the 1990s several African-American directors have explored issues of urban justice through stories of children growing up in urban America. Films such as Boyz N the Hood have brought vivid images of disenfranchised and violent neighborhoods and the obstacles involved in growing up in these neighborhoods. These films question whether the criminal justice system works in neighborhoods isolated from both the creation and the protections of the legal system, and where the rules of the criminal justice system sometimes collide with the rules of the neighborhood justice system.

An Artist's Privilege, Niels Schaumann

Faculty Scholarship

This article examines visual art in light of the letter and the spirit of the Constitution's Copyright Clause and the Copyright Act of 1976 (“Act”) and concludes that artists should have the freedom to copy works, not only of popular culture, but of all kinds. In other words, people creating art should be permitted to copy anything and everything. This is not to suggest that copyright serves no purpose: destroying the copyright edifice merely to protect the ability of certain artists to create would be dangerous and foolhardy. Practical limitations on an artist's privilege to copy can be imposed to …

Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus

Faculty Scholarship

Sex offender commitment laws present courts with a difficult choice: either allow creative efforts to prevent sexual violence or enforce traditional constitutional safeguards constraining the power of the state to deprive citizens of their Iiberty. Three state supreme courts have deflected this hard choice while upholding sex offender commitment schemes. As part of their ""official narrative"" that legitimizes sex offender commitments, the courts claim that society can have prevention and still maintain the primacy of the criminal justice system. This narrative neutralizes the conflict in values by claiming that sex offender commitments are just like mental illness commitments, a small, …

Getting To Death: Are Executions Constitutional?, Deborah W. Denno

Faculty Scholarship

This Article addresses the question of when a method of executing a capital defendant amounts to cruel and unusual punishment under the Eighth Amendment. This Article contends that execution methods cases, while reaching the right result, fail to provide a sufficiently comprehensive Eighth Amendment standard for determining the constitutionality of any execution method. The Article proposes a test that better comports with the Court's Eighth Amendment case law and more appropriately considers scientific determinations of excessive pain. To apply this test, the Article studies each state's legislative changes in execution methods during the Twentieth Century as well as accounts of …

Private Actors & (And) Structural Balance: Militia & (And) The Free Rider Problem In Private Provision Of Law, Andrew P. Morriss

Faculty Scholarship

Miners in Montana in the 1860s created "common law," nongovernmental legal institutions which dispensed millions of dollars of public resources to private individuals. Armed Vigilantes rode across the territory administering private justice. They hung twenty-two men, including an elected sheriff and his deputies. Even as Montana finally became a territory in May 1864, "it nevertheless chose still to regard itself as back of beyond, as a remote, independent, and untouchable empire. It resented and continually obstructed, ungratefully, the federal controls which accompanied the blessings of territorial recognition." Such activities were not limited to the early days of the Montana Territory: …

The Buck Does Not Stop Here: Supervisory Liability In Section 1983 Cases, Kit Kinports

Faculty Scholarship

The appropriate standard for supervisory liability in Section 1983 cases has been a source of considerable disagreement among federal courts of appeals. In the absence of established Supreme Court authority on the subject, courts have rejected vicarious and negligence liability in favor of a higher culpability requirement, but they have not agreed on precisely what form this higher standard should take. In this article, the Author addresses the need for a uniform standard consistent with the statute's twin goals of compensating the victims of constitutional violations and deterring constitutional infractions.

The author notes at the outset that lower courts have …

Spending Limits And The Squandering Of Candidates' Time, Vincent A. Blasi

Faculty Scholarship

Today I begin with a narrow agenda, a single idea, but an extravagant ambition. My narrow agenda is that I wish to address only the topic of campaign spending limits, and only the issue of their constitutionality in the face of First Amendment objections. The policy questions regarding whether spending limits are equitable, efficacious, and/or enforceable are deeply difficult and interesting but beyond my ken on this occasion.

My single idea is that spending limits are best justified on the ground that they protect candidates for office from having to devote an inordinate amount of their time to the task …

The Future Of Corporate Governance In The United States, Ronald J. Gilson

Faculty Scholarship

This article is an interview of Professor Ronald J. Gilson, Charles J. Meyers Professor of Law and Business, Columbia University Law School. The interviewer is Cheryl L. Conner, a third year law student at the University of Richmond School of Law and the Managing Editor of the Richmond Journal of Law and Technology.

Comments On Campaign Finance Reform, Henry P. Monaghan

Faculty Scholarship

Realistically viewed, the public does not care much about campaign finance. However, the commentators and politicians involved with the campaign process care a great deal. Yet, of those who have expressed any view at all about our topic, few still believe that the existing distinction between expenditures and contributions is satisfactory.

I agree with Judge Winter's statement that, from the point of view of the speaker, the distinction between contributions and expenditures is pretty weak. This is because the choice between the two is made by a donor, who looks for the most efficient way to espouse political ideas and …

Copyright Without Borders? Choice Of Forum And Choice Of Law For Copyright Infringement In Cyberspace, Jane C. Ginsburg

Faculty Scholarship

The disjunction between territorial treatment of copyright claims and the ubiquity of cyberspace has led some commentators to urge abandonment of landlocked notions of judicial and legislative competence. Since digital communications resist grounding in particular fora, or governance by individual national laws, these writers contend it would be best to devise a cyberian legal system that would supply cyber-specific substantive copyright law, and/ or virtual dispute settlers whose competence – and whose determinations – would transcend national borders.

My analysis will be more earthbound. This is not to belittle the important ongoing efforts to achieve international harmony of substantive copyright …

A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr.

Faculty Scholarship

Divining the nature of future war is always problematic. President Eisenhower warned that "Every war is going to astonish you in the way it has occurred, and in the way it is carried out." The United States must, of course, be prepared to meet a wide range of contingencies. Paramount among them would be a threat posed by a "peer competitor," that is, a state capable of battling the United States with comparable forces employing largely orthodox tactics. Although it is almost certain that one will arise in the future, no nation exists today that can challenge America symmetrically as …

Institutionalization: Savior Or Saboteur Of Mediation?,, Sharon Press

Faculty Scholarship

This article is a reflection on the history and spread of the field of alternative dispute resolution (ADR). The author focuses on the increased institutionalization of ADR – particularly in relation to mediation within the court system, with examples drawn from Florida’s experience.

Law And Order In Cyberspace, Nick Allard, David A. Kass

Faculty Scholarship

No abstract provided.

Housing Abandonment And New York City's Response, David Reiss

Faculty Scholarship

No abstract provided.