Digital Commons Network^™

The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship

In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …

Calling The Tune Or Following The Lead: The European Court Of Justice In European Policy Making, Rachel D. Brewster

Faculty Scholarship

No abstract provided.

The Province And Duty Of The Political Departments, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Concretizing Human Rights, Laurence R. Helfer

Faculty Scholarship

reviewing  Francisco Forest Martin et al.,  International Human Rights Law and Practice: Cases, Treaties and Materials (1997)

Adjudicating Copyright Claims Under The Trips Agreement: The Case For A European Human Rights Analogy, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein

Faculty Scholarship

No abstract provided.

Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris

Faculty Scholarship

No abstract provided.

Law And Economics In The Creation Of Federal Administrative Law: Thomas Cooley, Elder To The Republic, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Regulating Dispute Resolution Provisions In Adhesion Contracts, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Deceptively Disparate Treatment Of Business And Investment Interest Expense Under A Cash-Flow Consumption Tax And A Schanz-Haig-Simons Income Tax, J. Clifton Fleming, Jr.

Faculty Scholarship

No abstract provided.

Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer

Faculty Scholarship

The growth of digital information transmission worries copyright holders who fear the new technology threatens their profits because of greater piracy and widespread sharing of digital works. They have responded with proposals for expanded protection of digital works. Specifically, they seek restrictions on personal use rights regarding digital works provided by the fair use and first sale doctrines. The proposed changes in the allocation of property rights to digital information significantly affect the ability of copyright holders to practice price discrimination. Broader user rights make discrimination more difficult; broader producer rights make discrimination easier. I argue that more price discrimination …

Preliminary Cruise Report: Submersible And Scuba Collections In The Coastal Waters Of Honduras, The Bay Islands: Biomedical And Biodiversity Research Of The Benthic Communities With Emphasis On The Porifera, Algae And Gorgonacea., John K. Reed, Shirley A. Pomponi, Dennis M. Hanisak, Amy E. Wright, Kathleen E. Janda,, Tara P. Pitts, Robin Willoughby, K. B. Killday, Lynn Robertson, Jose V. Lopez, Klaus, Kelly-Borges, Laura S. Overdorf, Pat Monaghan

Faculty Scholarship

The primary objectives were: 1) to collect marine invertebrates and algae for discovery of novel compounds with therapeutic potential; 2) to document the biodiversity of the deep-water and shallow-water benthic communities with videotapes, 35-mm photographs, and taxonomic museum specimens using the JOHNSONSEA-LINK II (JSL) Research Submersible and scuba; 3) to isolate microorganisms from macroinvertebrate and sediment samples; and 4) to procure specimens of sponges for cell culture studies. A total of 72 collection sites (31 submersible and 41 scuba/snorkel dive sites) were studied during 17 operation days. The expedition resulted in the collection of 567 samples of benthic macroinvertebrates and …

Fewer Tax Returns, Alan L. Feld

Faculty Scholarship

Professor Alan L. Feld presents a proposal for simplifying the income tax by reducing the number of taxpayers who have to file returns.

Mutations In Yeast Proliferating Cell Nuclear Antigen Define Distinct Sites For Interaction With Dna Polymerase Δ And Dna Polymerase Ε, Joel C. Eissenberg, L. Rao Ayyagari, Xavier V. Gomes, Peter M.J. Burgers

Faculty Scholarship

The importance of the interdomain connector loop and of the carboxy-terminal domain of Saccharomyces cerevisiae proliferating cell nuclear antigen (PCNA) for functional interaction with DNA polymerases delta (Poldelta) and epsilon (Pol epsilon) was investigated by site-directed mutagenesis. Two alleles, pol30-79 (IL126,128AA) in the interdomain connector loop and pol30-90 (PK252,253AA) near the carboxy terminus, caused growth defects and elevated sensitivity to DNA-damaging agents. These two mutants also had elevated rates of spontaneous mutations. The mutator phenotype of pol30-90 was due to partially defective mismatch repair in the mutant. In vitro, the mutant PCNAs showed defects in DNA synthesis. Interestingly, the pol30-79 …

Treating Sexual Harassment With Respect, Anita Bernstein

Faculty Scholarship

No abstract provided.

Physician Assisted Suicide And The Supreme Court: Putting The Constitutional Claim To Rest, Wendy K. Mariner

Faculty Scholarship

Like the debate about many controversial questions of ethics and medical care in America, public debate about physician assisted suicide became focused on questions of constitutional law. On June 26, 1997, the United States Supreme Court unanimously rejected any constitutional right of terminally ill patients to physician assisted suicide. An analysis of the Court's reasoning reveals that its decisions resolved only a narrow constitutional question that affects relatively few people--mentally competent, terminally ill patients who wish to hasten their imminent deaths by having a physician prescribe medication that they intend to use to commit suicide. Although suicide is not a …

In Search Of A Substantive Republic, James E. Fleming, Linda C. Mcclain

Faculty Scholarship

The publication of Michael J. Sandel's Democracy's Discontent: America in Search of a Public Philosophy is a long-awaited and important event in political and constitutional theory. In 1982, through his first book, Liberalism and the Limits of Justice,1 Sandel emerged as a leading communitarian or civic republican critic of liberalism. That book became prominent, not because its criticisms of liberalism were dispositive, but because it eloquently and elegantly captured discontent with liberalism and evoked yearnings for an alternative. Since then, Sandel has occupied a position on the American intellectual landscape as a placeholder for a *510 communitarian or civic …

Formed By Thalidomide: Mass Torts As A False Cure For Toxic Exposure, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Supreme Court, 1996 Term: Leading Cases, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

"Quadrupoled" Materials For Second-Order Nonlinear Optics, S. F. Hubbard, Rolfe G. Petschek, Kenneth D. Singer

Faculty Scholarship

We describe a new approach to second-order nonlinear optical materials, namely quadrupoling. This approach is valid in the regime of Kleinman (full permutation) symmetry breaking, and thus requires a two- or three dimensional microscopic nonlinearity at wavelengths away from material resonances. This "quadrupolar" nonlinearity arises from the second rank pseudotensor of the rotationally invariant representation of the second-order nonlinear optical tensor. We have experimentally investigated candidate molecules comprised of chiral camphorquinone derivatives by measuring the scalar invariant associated with the rank two pseudotensor using hyper-Rayleigh scattering. We have found sizable scalar figures of merit for several compounds using light for …

Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Comment: Seminole Tribe V. Florida, Gordon G. Young

Faculty Scholarship

No abstract provided.

Nonrecourse Debt In Excess Of Fair Market Value: The Confluence Of Basis, Realization, Subchapter K And The Need For Consistency, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

A Postscript On Vmi, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown

Faculty Scholarship

No abstract provided.

The Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown, Steven J. Weber, Michele Mintz

Faculty Scholarship

No abstract provided.

Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women Centennial Pannel, Elizabeth M. Schneider, Deborah Brake, Donna Lenhoff, Sharon Elizabeth Rush, Ann Shalleck

Faculty Scholarship

No abstract provided.

My Summer Vacation: Reflections On Becoming A Critical Lawyer And Teacher, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman

Faculty Scholarship

No abstract provided.