Digital Commons Network^™

Legitimacy As An Assessment Of Existing Legal Standards: The Case Of The 2003 Iraq War, Charlotte Ku

Faculty Scholarship

The Iraq war was a multiple assault on the foundations and rules of the existing UN-centered world order. It called into question the adequacy of the existing institutions for articulating global norms and enforcing compliance with the demands of the international community. It highlighted also the unwillingness of some key countries to wait until definitive proof before acting to meet the danger of the world's most destructive weapons falling into the hands of the world's most dangerous regimes. It was simultaneously a test of the UN's willingness and ability to deal with brutal dictatorships and a searching scrutiny of the …

Find It Free And Fast On The Net: Strategies For Legal Research On The Web (2006), Michelle Rigual

Faculty Scholarship

This presentation is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources.

The Theoretical Basis For Addressing Poverty Through Mixed-Income Development, Mark L. Joseph, Henry S. Webber

Faculty Scholarship

This article examines the theoretical foundations upon which the rationale for mixed-income development as a strategy to confront urban poverty is built. The authors focus on four propositions that draw from theories on social networks, social control, culture and behavior, and the political economy of place. They assess available evidence about the relative importance of the four theoretical propositions. They conclude that the most compelling propositions are those that suggest that some low-income residents may benefit from a higher quality of life through greater informal social control and access to higher quality services. They find less evidence that socioeconomic outcomes …

Give Me Equity Or Give Me Death - The Role Of Competition And Compensation In Building Silicon Valley, Richard A. Booth

Faculty Scholarship

In this essay, I argue that the preeminence of Silicon Valley as an incubator of technology companies is attributable to equity compensation. Ronald Gilson, relying on the work of AnnaLee Saxenian and others who have noted the tendency of Silicon Valley employees to job hop, has suggested that California law prohibiting the enforcement of non-compete agreements was a major factor in the rise of Silicon Valley (and the demise of Route 128). I extend this line of thought by suggesting that California employers may have relied on equity compensation as a substitute way to bind employees. I argue further that …

Beijing Court Orders Ministry Of Finance To Rule On Supplier's Complaints, But Skirts Broader Issue Of Schism In China's Procurement Supervision, Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.

Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen L. Norton

Faculty Scholarship

This Article examines growing congressional interest in a specific legislative check on judicial power: controlling the types of cases judges are empowered to decide by expanding and/or contracting federal subject matter jurisdiction. Congress has recently sought to shape judicial power through a range of proposals that variously enlarge and compress federal subject matter jurisdiction. In 2004, for example, the House of Representatives voted to strip federal courts of jurisdiction over constitutional challenges to the Defense of Marriage Act and the Pledge of the Allegiance. Just a few months later, the new 109th Congress undertook a groundbreaking expansion of federal subject …

Misogyny, Androgyny And Sexual Harassment: Sex Discrimination In A Gender-Deconstructed World, Meredith Render

Faculty Scholarship

Understanding sexual harassment as a form of discrimination “because of sex” has grown increasingly difficult as our understandings of both gender and sex have grown richer and more complex. This piece offers a new descriptive model for understanding gender bias in the context of sexual harassment law. The piece argues that two separate sets of ideas about gender have intersected to produce a new picture of gender “equality”: one that is separated from a binary model of men and women, but that nonetheless continues to disadvantage women as compared to men. The paper refers to this idea as the androcentric-assimilation …

Some Thoughts On "The Economic Loss Rule" And Apportionment, Oscar S. Gray

Faculty Scholarship

This paper illustrates the process of comments upon and revisions to Restatement drafts, based on successive drafts of the proposed Restatement Third of Torts: Liability for Economic Loss.

Oclc: Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual

Faculty Scholarship

Looking and benefits and best practices of WorldCat Collection Analysis in a subject-specific consortium.

In November, 2005, the eight libraries of the Desert States Law Library Consortium (University of New Mexico, University of Arizona, Arizona State University, University of Colorado, University of Denver, University of Utah, Brigham Young, and University of Nevada Las Vegas) licensed OCLC's WorldCat Collection Analysis Service (WCA). WCA is designed to provide objective information concerning the makeup of a library's collection, including subject coverage, age of materials, languages of publication and material types and audience level. Multi-institution comparisons provide detail and summary views of how two …

Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel

Faculty Scholarship

In deciding Meredith v. Jefferson County Board of Education and Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court of the United States will likely confront a critical issue to emerge from the lower court opinions on voluntary integration plans: whether school districts that use race as a factor in student assignment must comply with a legal requirement of individualized consideration. The Court has imposed such a requirement in other contexts, but it has not clearly explained what the concept of individualized consideration means and why particular forms of it matter.

This Article clarifies the …

Of Plant Variety Protection, Agricultural Subsidies, And The Wto, Srividhya Ragavan

Faculty Scholarship

This article examines how plant protection and agricultural trade issues intersect. It begins with a historical analysis of the plant [protection regime and discusses its position alongside the WTO’s requirement of plant protection, Agreement on Agriculture and the Agreement on Subsidies and Countervailing Measures. In discussing the role of global agricultural issues, especially in relation to trade and intellectual property rights, this chapters ties in issues of sustainability which is a long term goal for the trade regime.

Comparativa Entre Les Reformes Dels Estatuts D'Autonomia De Catalunya I D'Andalusia [Comparative Analysis Of The Reforms Of The Charters Of Autonomy Of Catalonia And Andalucía], Albert Lamarca-Marquès, Vanessa Casado-Pérez

Faculty Scholarship

En els ordenaments jurídics continentals europeus no és habitual l’admissió d’escrits acadèmics independents adreçats als tribunals de justícia en el marc de procediments de gran importància. En els països del Common Law, especialment en les jurisdiccions nordamericanes, mitjançant el procediment anomenat d’Amicus Curiae es permet d’adreçar aquesta mena d’escrits als tribunals de justícia, que hauran de decidir si els tenen o no en compte. A través de les pàgines d’InDret, hem volgut oferir aquest document de comparació d’ambdós Estatuts per contribuir al debat jurídic en el marc del procés de reforma dels Estatuts d’Autonomia a l’Estat i en relació als …

Worldcat Collection Analysis Service And The Desert States Law Library Consortium, Michelle Rigual

Faculty Scholarship

In November, 2005, the eight libraries of the Desert States Law Library Consortium (University of New Mexico, University of Arizona, Arizona State University, University of Colorado, University of Denver, University of Utah, Brigham Young, and University of Nevada Las Vegas) licensed OCLC's WorldCat Collection Analysis Service (WCA). WCA is designed to provide objective information concerning the makeup of a library's collection, including subject coverage, age of materials, languages of publication and material types and audience level. Multi-institution comparisons provide detail and summary views of how two or more collections overlap or differently specialize, subdivided by subject areas, languages of publication, …

Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann

Faculty Scholarship

If the federal court in Florida had granted preliminary relief to allow itself more time to consider the constitutional claims that Terri Schiavo's parents brought on her behalf, and if, as expected, those claims were ultimately rejected, the federal court would have been placed in the unenviable position of having to be the institution that made the final decision to terminate Terri Schiavo's feeding and other treatment. Although I have no way of knowing whether this fact, which has not been noted in the commentary,' actually entered into the mind of any of the federal judges who considered the case, …

The Value Of U.S. Patents By Owner And Patent Characteristics, James Bessen

Faculty Scholarship

This paper uses renewal data to estimate the value of U.S. patents, controlling for patent and owner characteristics. Estimates of U.S. patent value are substantially larger than estimates for European patents, however, the ratio of U.S. patent value to R&D for firms is only about 3%. Patents issued to small patentees are much less valuable than those issued to large corporations, perhaps reflecting imperfect markets for technology. Litigated patents are more valuable, as are highly cited patents. However, patent citations explain little variance in value, suggesting limits to their use as a measure of patent quality.

Symposium: The Role Of The Judge In The Twenty-First Century: Introduction, Eva Nilsen

Faculty Scholarship

The contents of this special issue of the Boston University Law Review are the product of a symposium on "The Role of the Judge in the Twenty-First Century," held on April 21st and 22nd, 2006 at the Boston University School of Law. The symposium presented a rare opportunity for a distinguished group of federal judges and academics to exchange ideas about some of the most pressing and controversial subjects facing the courts. Over the course of two days, panelists explored a number of ongoing challenges to the judiciary, including threats to judicial independence, national security imperatives, exploding caseloads, increasing reliance …

Duty In Tort Law: An Economic Approach, Keith N. Hylton

Faculty Scholarship

Theories of tort law have focused on the breach and causation components of negligence, saying little if anything about duty. This paper provides a positive economic theory of duty doctrine. The theory that best explains duty doctrines in tort law is the same as the theory that explains strict liability doctrine. The core function of both sets of doctrines is to regulate the frequency or scale of activities that have substantial external effects. Strict liability aims to suppress or tax activities that carry unusually large external costs. Duty doctrines, especially those relieving actors of a duty of care, serve several …

Biometrics, Certified Software Solutions, And The Japanese Consumption Tax: A Proposal For The Tax Commission, Richard Thompson Ainsworth

Faculty Scholarship

Significant change is anticipated in the Japanese Consumption Tax. The Japanese Tax Commission is recommending that the rate should double, multiple rates should be employed, and the "bookkeeping method" of accounting should be abandoned in favor of the European "invoice method."

The Tax Commission faces a tax policy dilemma. The aging population drives the need for a tax increase (making the Consumption Tax an obvious target for revenue enhancement) at exactly the same time the population is shrinking in overall size, thereby reducing the number of working-consumers who can pay the higher tax.

These are dramatic changes for the Japanese …

Graded Interface Models For More Accurate Determination Of Van Der Waals-London Dispersion Interactions Across Grain Boundaries, Roger H. French

Faculty Scholarship

Attractive van der Waals–London dispersion interactions between two half crystals arise from local physical property gradients within the interface layer separating the crystals. Hamaker coefficients and London dispersion energies were quantitatively determined for Σ5 and near-∑13 grain boundaries in SrTiO3 by analysis of spatially resolved valence electron energy-loss spectroscopy (VEELS) data. From the experimental data, local complex dielectric functions were determined, from which optical properties can be locally analyzed. Both local electronic structures and optical properties revealed gradients within the grain boundary cores of both investigated interfaces. The results show that even in the presence of atomically structured grain boundary …

Co Detection And Millimeter Continuum Emission From Low Surface Brightness Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

We present BIMA and IRAM CO (1-0) observations of seven low surface brightness (LSB) galaxies, including three large spiral galaxies with faint disks but prominent bulges and four relatively small LSB galaxies with irregular disks. The giant LSB galaxies are UGC 5709, UGC 6614, and F568-6 (Malin 2). The smaller LSB galaxies are NGC 5585, UGC 4115, UGC 5209, and F583-1. The galaxies were selected based on their relatively high metallicity and apparent signs of star formation in their disks. The BIMA maps suggested the presence of molecular gas in two of the giant LSB galaxies: F568-6 and UGC 6614. …

Impersonating A Nonprofit, Alan L. Feld

Faculty Scholarship

The Senate Finance Committee minority staff report concerning Jack Abramoff's use of tax-exempt organizations details the misuse of charities and social welfare organizations for lobbying and other purposes. It shows how Abramoff moved money from clients through exempt organizations to influence legislative and administrative decisions favorable to those clients, but without disclosing the true source of the funds. In one case, money from the Mississippi Band of Choctaw Indians, anxious to bar competition from a new casino, transferred funds through Americans for Tax Reform (ATR) to antigambling organizations associated with Ralph Reed. In other examples, money passed from clients to …

Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger

Faculty Scholarship

As a direct response to the lackadaisical and much criticized federal handling of Hurricane Katrina, a critical provision within the Fiscal Year 2007 Defense Authorization Act amended in October 2006 the Insurrection Act to allow the President to deploy Federal troops to respond to catastrophic natural disasters and other major domestic emergencies without a prior request from affected state or local governments. This amendment was passed over universal and bipartisan opposition by the Nation's governors, all of whom claimed that this provision upends the delicate balance between Federal and state responsibilities for responding to natural disasters. In fact, this amendment …

Sublicensing From A Distressed Company: Are You Placing Your Future In The Debtor's Hands?, Michelle M. Harner, David A. Beck

Faculty Scholarship

No abstract provided.

A Quantitative Study Of Styles And Achenes Of Terminal And Basal Flowers Of Schoenoplectus Hallii (Cyperaceae), A Rare Plant Species Of Transient Wetland Habitats, Marian Smith, Sara Ammann, Nancy Parker, Paige Mettler-Cherry

Faculty Scholarship

Schoenoplectus hallii (A. Gray) S.G. Smith (Cyperaceae), a rare plant restricted to wetland habitats, is of conservation concern throughout its range. Taxonomy of the species recently has been clarified; however, quantitative descriptions of achene and flower morphology are incomplete and life history information is lacking. Because of its scarcity and the transient nature of populations, any large-scale study of the species will require the recovery of achenes from bulk soil samples and the identification and separation of the dimorphic achenes. The objectives of this study were to separate, identify and photograph the two achene types; to quantify the size and …

Surviving Irs Examinations And Appeals, Emily A. Parker, Robert D. Probasco

Faculty Scholarship

This article summarizes the statutory, regulatory and administrative rules and procedures that apply to IRS civil tax examinations and Appeals proceedings, including alternative dispute resolution procedures. The focus of this paper is on field examinations, rather than service center examinations, correspondence examinations, or office examinations. In addition, it attempts to answer some of the basic questions that taxpayers often ask their advisors and representatives when they are the subject of an IRS civil tax examination:

• Why was I selected by the IRS for audit?
• How long will this audit take?
• Why do the agents want all this information, documents, data, …

Public Safety And Criminal Justice, Kevin Washburn

Faculty Scholarship

Conference Transcript from The New Realism: The Next Generation of Scholarship in Federal Indian Law

The New Constitutional Order And The Heartening Of Conservative Constitutional Aspirations, James E. Fleming

Faculty Scholarship

The basic question for this conference is whether we as a people have entered, or are on the verge of entering, a new constitutional order. In 2003, Mark Tushnet published a terrific book, The New Constitutional Order, an expansion of his insightful Foreword: The New Constitutional Order and the Chastening of Constitutional Ambition in the Harvard Law Review.2 The title of that book was an inspiration for the title of this conference. And the title of that article is the basis for the title of my article. For years, liberals and progressives have been anticipating or announcing a conservative revolution …

Using Sarbanes-Oxley Act To Reward Honest Corporations, Tamar Frankel

Faculty Scholarship

The Sarbanes-Oxley Act offers an opportunity to reward truthful corporations and their management, offering them a competitive advantage by relieving them from some of the Act's provisions. Corporate culture plays an important role in a corporation's honest behavior One size does not fit all in matters of organizational integrity. The provisions of the Sarbanes-Oxley Act that apply the same internal controls and governance rules on all public corporations impose unnecessary costs on honest corporations by requiring them to change one set of good habits that are part of the corporate culture for another mandated by law. This essay suggests that …

Neuromechanics Of Multifunctionality During Rejection In Aplysia Californica, Hui Ye, Douglas W. Morton, Hillel J. Chiel

Faculty Scholarship

How are the same muscles and neurons used to generate qualitatively different behaviors? We studied this question by analyzing the biomechanical and neural mechanisms of rejection responses in the marine mollusk Aplysia californica and compared these mechanisms with those used to generate swallowing responses (Ye et al., 2006). During rejection, the central grasper of the feeding structure closes to push inedible food out of the buccal cavity. This contrasts with swallowing, during which the grasper is open as it moves toward the jaws (protracts). We examined how the shape change of the grasper during rejection mechanically reconfigured the surrounding musculature. …

Bend-Induced Melting Of The Smectic-�� Phase: Analogy To A Type-I Superconductor, Ruiting Wang, Ishtiaque M. Syed, Giovanni Carbone, Rolfe G. Petschek, Charles Rosenblatt

Faculty Scholarship

Using an atomic force microscope to nanopattern a substrate for liquid crystal alignment, a bend distortion is imposed on a liquid crystal. In regions of large bend the smectic-A phase melts into the nematic phase, and the width of the melted region is measured as a function of temperature. The results are consistent with type-I superconducting (nematic-smectic-A) behavior, wherein a large magnetic field (bend or twist distortion) induces an order to disorder transition. A model that accounts for non-mean-field behavior is presented.