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Invisible Settlements, Invisible Discrimination, Minna J. Kotkin Mar 2006

Invisible Settlements, Invisible Discrimination, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

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The Impact On New Mexico’S Budget Of Allowing Same-Sex Couples To Marry, Steven K. Homer, M.V. Lee Badgett, R. Bradley Sears, Patrice Curtis, Elizabeth Kukura Mar 2006

The Impact On New Mexico’S Budget Of Allowing Same-Sex Couples To Marry, Steven K. Homer, M.V. Lee Badgett, R. Bradley Sears, Patrice Curtis, Elizabeth Kukura

Faculty Scholarship

This analysis by UCLA’s Williams Institute on Sexual Orientation Law and Public Policy, estimates the impact of allowing same-sex couples to marry on New Mexico’s state budget. Using the best data available, allowing same-sex couples to marry will result in a net gain of approximately $1.5 million to $2 million each year for the State. This net impact will be the result of savings in expenditures on state means-tested public benefit programs and an increase in sales and lodging tax revenue from weddings and wedding-related tourism.

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The Paper Wars: First Amendment Challenges To School Material Distribution Policies, Leora Harpaz Mar 2006

The Paper Wars: First Amendment Challenges To School Material Distribution Policies, Leora Harpaz

Faculty Scholarship

Public schools are faced with an array of requests seeking permission to distribute material on school property. These requests may come from students, teachers or outside organizations. To respond to these requests, some school districts have adopted written policies to guide their determinations while others lack formal policies and respond on an ad hoc basis. Whether based on formal or informal policies, in deciding whether to permit distribution school officials typically take into account a variety of factors including the content of the material, the identity of the individual or group seeking permission and the time, place or manner of …

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Using Spread And Net Trading Range To Measure Risk In Suitability Cases, Richard A. Booth Mar 2006

Using Spread And Net Trading Range To Measure Risk In Suitability Cases, Richard A. Booth

Faculty Scholarship

Suitability is one of the most common issues that arises in securities arbitrations. Yet it is also one of the most difficult issues to resolve. Up to now there has been no easy and reliable way to compare the risk of one stock or portfolio with another stock or portfolio measured as of the time the investment decision in question was made. As I argued in an earlier article, spread is potentially a promising way to measure risk in real time as perceived collectively by competing market makers. But with the advent of decimal quotes and other recent changes in …

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The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen H. Rothenberg, Alice Wang Mar 2006

The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen H. Rothenberg, Alice Wang

Faculty Scholarship

Imagine that a scientist from the state university asks you and your family to participate in a study on a particular gene variant associated with alcoholism. The project focuses on your ethnic group, the Tracy Islanders, who have a higher incidence of alcoholism, as well as a higher incidence of the gene variant, than the general population. You will not be informed whether you have the gene variant, but your participation in the study might help scientists develop drugs to help individuals control their addiction to alcohol. You have a family history of alcoholism, and you are concerned that your …

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"There Is Only One Equal Protection Clause": An Appreciation Of Justice Stevens's Equal Protection Jurisprudence, James E. Fleming Mar 2006

"There Is Only One Equal Protection Clause": An Appreciation Of Justice Stevens's Equal Protection Jurisprudence, James E. Fleming

Faculty Scholarship

"There is only one Equal Protection Clause. It requires every State to govern impartially. It does not direct the courts to apply one standard of review in some cases and a different standard in other cases."1 These words open Justice John Paul Stevens's famous concurring opinion in Craig v. Boren.2 That was the first case in which the U.S. Supreme Court applied "intermediate" scrutiny to gender-based classifications and thus carved out a third tier of equal protection analysis between strict scrutiny and deferential rational basis scrutiny. Craig was decided in 1976, at the beginning of Justice Stevens's long and distinguished …

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This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig Mar 2006

This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig

Faculty Scholarship

On April 1, 2005, the U.C. Davis Law Review hosted in its annual symposium an extremely distinguished group of scholars, who addressed central theories of Critical Race Feminism (“CRF”) in a daylong series of inspiring, thought-provoking, cutting-edge, and captivating presentations. The panelists at the symposium — in front of a packed room of students, professors, and local residents — delved into issues as diverse as the unique role of immigrant women in community economic development, societal failure to deal with domestic violence from a multidimensional perspective, the proposal of a contractual good faith claim based on Professors Devon Carbado and …

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Identification Of Critical Determinants On Ace2 For Sars-Cov Entry And Development Of A Potent Entry Inhibitor, Dong P. Han, Adam Penn-Nicholson, Michael W. Cho Feb 2006

Identification Of Critical Determinants On Ace2 For Sars-Cov Entry And Development Of A Potent Entry Inhibitor, Dong P. Han, Adam Penn-Nicholson, Michael W. Cho

Faculty Scholarship

Severe acute respiratory syndrome (SARS) is caused by a novel coronavirus, SARS-CoV. Virus entry into cells is mediated through interactions between spike (S) glycoprotein and angiotensin-converting enzyme 2 (ACE2). Alanine scanning mutagenesis analysis was performed to identify determinants on ACE2 critical for SARS-CoV infection. Results indicated that charged amino acids between residues 22 and 57 were important, K26 and D30, in particular. Peptides representing various regions of ACE2 critical for virus infection were chemically synthesized and evaluated for antiviral activity. Two peptides (a.a. 22–44 and 22–57) exhibited a modest antiviral activity with IC(50) of about 50 μM and 6 μM, …

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Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss Feb 2006

Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss

Faculty Scholarship

Until the advent of binding “social clauses” in free trade arrangements, and incorporation of stronger social rights in the European Community treaties, the rapid widening and deepening of international commercial integration proceeded largely separate from international labor rights obligations. Inclusion of a “social clause” in a trade agreement ensures that the parties´ international labor rights commitments have equal dignity and binding force with their trade obligations. The threat of economic sanction for non-observance of labor commitments akin to the penalties for trade rule violations also may provide some “teeth” to induce compliance, unlike the lack of economic sanctions for violation …

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The Death Of Good Faith In Treaty Jurisprudence And A Call For Resurrection, Michael P. Van Alstine Feb 2006

The Death Of Good Faith In Treaty Jurisprudence And A Call For Resurrection, Michael P. Van Alstine

Faculty Scholarship

This article addresses the absence of the venerable doctrine of good faith interpretation, as well as its companion “liberal interpretation canon,” from modern Supreme Court treaty jurisprudence. Although scholarly accounts suggest that the spirit is still alive, the article demonstrates that the doctrine was silently interred by the Supreme Court early in the last century. From all appearances, the disappearance of good faith from treaty jurisprudence was not by design. Nonetheless, the article demonstrates that even such an unintended drift can have serious negative consequences. In the context of treaty jurisprudence, the consequence of the departure of good faith interpretation …

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Taxpayer Standing And Daimlerchrysler V. Cuno: Where Do We Go From Here?, Kristin E. Hickman, Donald B. Tobin Feb 2006

Taxpayer Standing And Daimlerchrysler V. Cuno: Where Do We Go From Here?, Kristin E. Hickman, Donald B. Tobin

Faculty Scholarship

In granting certiorari in the case of Daimler-Chrysler Corp. v. Cuno, the Supreme Court asked the parties to brief "whether respondents have standing to challenge Ohio's investment tax credit." This report applies modern standing doctrine to the Cuno case and concludes that the Cuno plaintiffs do no have standing to raise their claims in federal court. Moreover, the authors write, allowing the Cuno plaintiffs' case to be resolved in federal court would open the federal court system to a wide range of taxpayer challenges better left to the political branches of government. Nevertheless, they recognize that there may be …

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Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs Feb 2006

Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs

Faculty Scholarship

The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarfs disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence …

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Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Consent, Robin Fretwell Wilson Feb 2006

Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Consent, Robin Fretwell Wilson

Faculty Scholarship

Recent reports of medical students performing pelvic exams for training purposes on anesthetized women without their consent have produced a firestorm of controversy. Peter Ubel and colleagues found that 90% of medical students performed such exams during their obstetrics/gynecology rotations. A series of 2003 reports focused a white-hot spotlight on this teaching practice and resulted in Federal Trade Commission and Department of Justice hearings and action by the American Association of Medical Colleges and the American College of Obstetrics and Gynecology. In this article, Professor Wilson examines the merits of the defenses and justifications for using female patients for pelvic …

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Some Reflections On The Diversity Of Corporate Boards: Women, People Of Color, And The Unique Issues Associated With Women Of Color, Lisa M. Fairfax Feb 2006

Some Reflections On The Diversity Of Corporate Boards: Women, People Of Color, And The Unique Issues Associated With Women Of Color, Lisa M. Fairfax

Faculty Scholarship

As one might expect, there are many similarities between the circumstances of women directors and directors of color, which includes African Americans, Latinos, and Asian Americans. Indeed, both groups began appearing on corporate boards in significant numbers during the same period—right after the Civil Rights Movement pursuant to which the push for racial equality throughout society precipitated efforts to achieve greater representation of people of color as well as women on corporate boards. Moreover, while women and people of color have experienced some increase in board representation over the last few decades, both groups also have encountered significant barriers to …

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The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger Feb 2006

The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger

Faculty Scholarship

Closed circuit television video (CCTV) surveillance systems need to be introduced or enhanced in the public areas within United States’ mass transit systems. London’s extensive system was used very successfully in the investigation of the July 2005 terrorist attacks on its subway and bus systems. That effective investigatory use of CCTV is very likely to be a significant deterrence to future terrorist activities on London mass transit. The United States must be prepared in the event of similar attacks on its soil. As roughly twenty times more people travel by mass transit than by air, it is time for this …

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Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox Feb 2006

Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox

Faculty Scholarship

In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …

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The Constitutionality Of Best Interests Parentage, David D. Meyer Feb 2006

The Constitutionality Of Best Interests Parentage, David D. Meyer

Faculty Scholarship

No abstract provided.

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The Immortal Hattie Mcdaniel, Sherri L. Burr Feb 2006

The Immortal Hattie Mcdaniel, Sherri L. Burr

Faculty Scholarship

This speech focuses on McDaniel's career in a time of limited screen roles for African-Americans and her humanitarian endeavors. It was given at the U.S. Post Office unveiling of the 2006 Black Heritage postage stamp honoring McDaniel, the first African-American to win an Academy Award acting award. McDaniel won for portraying Mammy in the 1939 film "Gone with the Wind."

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Understanding The Ex Parte Communications Ban In Employment Disputes, Michael Z. Green Feb 2006

Understanding The Ex Parte Communications Ban In Employment Disputes, Michael Z. Green

Faculty Scholarship

One of the biggest issues with ex parte communications in the employment setting involves the question of whether a plaintiff's attorney may have ex parte communications with employees of a defendant corporate entity without violating ethical rules. See generally Ellen J. Messing & James S. Weliky, Contacting Employees of an Adverse Corporate Party: A Plaintiff's Attorney's View," 19 Lab. Law. 353 (2004). However, this article focuses on the situation in which the employee or employer, as clients of an attorney in a legal dispute, attempt to contact adverse represented parties or persons.

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The Constitutionality Of Best Interests Parentage, David D. Meyer Feb 2006

The Constitutionality Of Best Interests Parentage, David D. Meyer

Faculty Scholarship

No abstract provided.

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Neuromechanics Of Coordination During Swallowing In Aplysia Californica, Hui Ye, Douglas W. Morton, Hillel J. Chiel Feb 2006

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

Faculty Scholarship

Bernstein (1967) hypothesized that preparation of the periphery was crucial for correct responses to motor output. To test this hypothesis in a behaving animal, we examined the roles of two identified motor neurons, B7 and B8, which contribute to feeding behavior in the marine mollusk Aplysia californica. Neuron B7 innervates a hinge muscle and has no overt behavioral effect during smaller-amplitude (type A) swallows, because the hinge muscle is too short to exert force. Neuron B8 activates a muscle (I4) that acts solely to grasp material during type A swallows. During larger-amplitude (type B) swallows, the behavioral actions of both …

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Congressional Administration, Jack M. Beermann Feb 2006

Congressional Administration, Jack M. Beermann

Faculty Scholarship

In recent years, at least since President Reagan's precedent-setting Executive Order 12291, the phenomenon of direct presidential supervision of agencies has received significant attention in legal scholarship. Congress's involvement has been much less thoroughly examined, and, although most people are familiar with congressional hearings and oversight, the dominant image as a legal matter is that once Congress legislates, it loses control over how its laws are administered unless it chooses to legislate again. In the political science/public policy literature, the understanding of Congress's role in monitoring agencies has evolved from despair that Congress is not sufficiently engaged to a recognition …

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Nonadditivity In Van Der Waals Interactions Within Multilayers, Roger H. French Jan 2006

Nonadditivity In Van Der Waals Interactions Within Multilayers, Roger H. French

Faculty Scholarship

Working at the macroscopic continuum level, we investigate effective van der Waals interactions between two layers within a multilayer assembly. By comparing the pair interactions between two layers with effective pair interactions within an assembly we assess the significant consequences of nonadditivity of van der Waals interactions. This allows us to evaluate the best numerical estimate to date for the Hamaker coefficient of van der Waals interactions in lipid-water multilamellar systems.

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How To Compensate Mutual Fund Investors For Late Trading And Market Timing, Richard A. Booth Marbury Research Professor Of Law Jan 2006

How To Compensate Mutual Fund Investors For Late Trading And Market Timing, Richard A. Booth Marbury Research Professor Of Law

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This article focuses on the mutual fund trading scandals that came to light in late 2003 and in particular on the remedy that should be available to injured mutual fund investors. First, I describe mutual fund structure and the trading process for mutual fund shares. Second, I show how late trading and market timing can extract value from a fund and harm the interests of non-trading fund investors. Third, I discuss the factors that gave rise to these abuses and regulatory changes that would prevent a recurrence. Finally, I address the issues raised by the numerous private stockholder actions prompted …

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Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life-Decision-Making-Advocates Are Not Out To Get Them, Kathy L. Cerminara Jan 2006

Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life-Decision-Making-Advocates Are Not Out To Get Them, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Critical Essay: Musings on the Need to Convince Some People with Disabilities That End-of-Life-Decision-Making Advocates are Not Out to Get Them, 37 Loyola University of Chicago Law Journal 343 (2006). As others have noted, the importance of the Terri Schiavo case is not legal; the various Schiavo opinions broke no new legal ground other than the constitutional questions raised when legislatures began intervening to attempt to change the outcome of the end-of-life decision-making rulings. Rather, it was activism by certain disability rights and vitalist groups that so caught the attention of the public, the politicians and the …

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Human Rights Enforcement In The Twenty-First Century, Douglas Lee Donoho Jan 2006

Human Rights Enforcement In The Twenty-First Century, Douglas Lee Donoho

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Douglas Donoho, Human Rights Enforcement in the Twenty-First Century, 35 Georgia Journal of International & Comparative Law 1 (2007). The international human rights system enters the twenty-first century facing a profound anomaly. Despite remarkable normative and institutional developments since the system's inception, the world remains mired in widespread violations of human dignity. Genocidal episodes have repeatedly scarred the consciousness of humankind since World War ll. Floods of refugees and simmering ethnic conflicts continually challenge the international community's capacity to respond, and grotesque forms of physical abuse, such as torture and summary execution, remain commonplace Despite a promising trend toward …

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Teach The Children Well: Incorporating Cultural Literacy Into The Law School Learning Experience, Debra Moss Curtis Jan 2006

Teach The Children Well: Incorporating Cultural Literacy Into The Law School Learning Experience, Debra Moss Curtis

Faculty Scholarship

This article is an examination of what and how we teach in law school. Much attention has been given to the concept of the Socratic Method and whether teaching in this manner "hides the ball" from students. Rather than focusing on whether the ball is hidden, my work shall focus on whether students know what the ball is in the first place.

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For The Benefit Of The Infant: An Introduction To The Symposium To End Child Abuse, Jon M. Garon Jan 2006

For The Benefit Of The Infant: An Introduction To The Symposium To End Child Abuse, Jon M. Garon

Faculty Scholarship

No abstract provided.

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To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks Jan 2006

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

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Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja Starr Jan 2006

Improving Criminal Jury Decision Making After The Blakely Revolution, J. J. Prescott, Sonja Starr

Faculty Scholarship

The shift in sentencing fact-finding responsibility triggered in many states by Blakely v. Washington may dramatically change the complexity and type of questions that juries will be required to answer. Among the most important challenges confronting legislatures now debating the future of their sentencing regimes is whether juries are prepared to handle this new responsibility effectively – and, if not, what can be done about it. Yet neither scholars addressing the impact of Blakely nor advocates of jury reform have seriously explored these questions. Nonetheless, a number of limitations on juror decision making seriously threaten the accuracy of verdicts in …

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