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Articles 6991 - 7020 of 25434
Full-Text Articles in Entire DC Network
Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel
Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel
Faculty Scholarship
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …
The Rcep And Trans-Pacific Intellectual Property Norms, Peter K. Yu
The Rcep And Trans-Pacific Intellectual Property Norms, Peter K. Yu
Faculty Scholarship
In the past few years, the Trans-Pacific Partnership has garnered considerable media, policy and scholarly attention. Rarely analyzed and only occasionally mentioned is the Regional Comprehensive Economic Partnership (RCEP). This agreement is currently being negotiated between Australia, China, India, Japan, New Zealand, South Korea and the 10 members of the Association of Southeast Asian Nations (ASEAN). Launched in November 2012 under the ASEAN 6 framework, the RCEP negotiations built on past trade and non-trade discussions between ASEAN and its six major Asia-Pacific neighbors.
This article examines the RCEP with a focus on the intellectual property norms that it seeks to …
Dueling Grants: Reimagining Cafa's Jurisdictional Provisions, Tanya Pierce
Dueling Grants: Reimagining Cafa's Jurisdictional Provisions, Tanya Pierce
Faculty Scholarship
Part I of the article discusses the relevant policies underlying CAFA and Rule 23. Part II briefly outlines the more straightforward operation of CAFA jurisdiction in pre-certification and post-successful certification situations before explaining the provisions in CAFA that have given rise to considerable confusion after courts deny class certification. Part III critiques the arguments made by courts and scholars in support of and against continuing jurisdiction. It then suggests an approach that is most consistent with the statute, in light of all of its relevant provisions and their corresponding limitations, and that furthers prudential concerns underlying Rule 23 and CAFA …
Transformative Use In Software, Clark D. Asay
Transformative Use In Software, Clark D. Asay
Faculty Scholarship
Fair use is copyright law’s most important defense against claims of copyright infringement. It provides courts with an equitable tool for allowing parties to use the copyrighted materials of others without liability when doing so facilitates copyright’s constitutional purpose of promoting the “progress of Science and the useful Arts.”
When analyzing fair use, modern courts place great emphasis on whether the purportedly fair use involves a “transformative use” of the copyrighted materials. In what some are calling the most important software copyright case in decades, a jury recently handed Google a victory by concluding that Google’s reuse of some of …
Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore
Grasping Fatherhood In Abortion And Adoption, Malinda L. Seymore
Faculty Scholarship
Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy--it is easy …
Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig
Extending The Normativity Of The Extended Family: Reflections On Moore V. City Of East Cleveland, Angela Onwuachi-Willig
Faculty Scholarship
Part I of this Article briefly recounts the plurality decision in Moore before analyzing Justice Brennan’s concurring opinion and detailing how the concurrence affirms, rather than deconstructs, the notion of African American deviance in families. Next, Part II specifies the ways in which Justice Brennan could have truly uplifted African American families and other families of color by identifying and explicating the strengths of extended or multigenerational family forms among people of color and by showing how such family forms can be a model, or even the model (if one must be chosen), for all families. Then, Part III concludes …
Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin Collins
Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin Collins
Faculty Scholarship
This contribution to the symposium on administrative law and practices of inclusion and exclusion examines the complex role of administrators in the development of family-based citizenship and immigration laws. Official decisions regarding the entry of noncitizens into the United States are often characterized as occurring outside of the normal constitutional and administrative rules that regulate government action. There is some truth to that description. But the historical sources examined in this Article demonstrate that in at least one important respect, citizenship and immigration have long been similar to other fields of law that are primarily implemented by agencies: officials operating …
Frozen Ethics: Melting The Boundaries Between Medical Treatment And Organ Procurement, George J. Annas, Michael A. Grodin
Frozen Ethics: Melting The Boundaries Between Medical Treatment And Organ Procurement, George J. Annas, Michael A. Grodin
Faculty Scholarship
When Renee Fox, medical sociologist and noted historian of organ transplantation, first learned of the proposal to use "non-heart-beating cadavers" as organ sources more than 25 years ago, she was appalled. She labeled the proposal "the most elaborately macabre scheme for obtaining organs that I have encountered," adding that "it borders on ghoulishness." She saw the procedure as "beyond the pale of the medically decent, morally allowable, and spiritually acceptable" (Fox 1993, 232). But medically decent has seldom gotten in the way of procuring organs for transplant, and we now seem to be on the verge of adopting an "uncontrolled" …
Resurrecting Miranda's Right To Counsel, David Rossman
Resurrecting Miranda's Right To Counsel, David Rossman
Faculty Scholarship
The regime created by Miranda v. Arizona is at this point in its history bankrupt both intellectually and in terms of practical effect. Justices who have joined the Court after Miranda have cut back its scope by stingy interpretations of the doctrine’s reach and effect. In practice, few suspects actually benefit from the way Miranda is now implemented in police stations and courtrooms. Given the failure of Miranda’s promise, can we envision an alternative? Here is one that may be politically palatable and doctrinally feasible, largely adopted from English practice:
1. Police would give the same Miranda warnings that they …
The Prophylactic Fifth Amendment, Tracey Maclin
The Prophylactic Fifth Amendment, Tracey Maclin
Faculty Scholarship
Before Miranda was decided, the Court had not squarely confronted the issue of when a violation of the Fifth Amendment occurs. Over fifty years ago, the Court acknowledged that the right against self-incrimination has two interrelated facets: The Government may not use compulsion to elicit self-incriminating statements; and the Government may not permit the use in a criminal trial of self-incriminating statements elicited by compulsion. Back then, the “conceptual difficulty of pinpointing” when a constitutional violation occurs — when the Government employs compulsion, or when the compelled statement is actually admitted at trial — was unimportant. Chavez v. Martinez forced …
Did Justice Scalia Have A Theory Of Interpretation?, Gary S. Lawson
Did Justice Scalia Have A Theory Of Interpretation?, Gary S. Lawson
Faculty Scholarship
It seems beyond bizarre to ask whether Justice Scalia had a theory of textual interpretation. If he did not have such a theory, what were he and his critics talking about for the past three decades? The answer is that they were talking about part of a theory of textual interpretation but not an actual, complete theory. A complete theory of textual interpretation must prescribe principles of admissibility (what counts towards meaning), significance (how much does the admissible evidence count), standards of proof (how much evidence do you need for a justified conclusion), burdens of proof (does inertia lie with …
Solvatochromic Effects On The Absorption Spectrum Of 2-Thiocytosine, Brennan Ashwood, Carlos E. Crespo-Hernández
Solvatochromic Effects On The Absorption Spectrum Of 2-Thiocytosine, Brennan Ashwood, Carlos E. Crespo-Hernández
Faculty Scholarship
The solvatochromic effects of six different solvents on the UV absorption spectrum of 2-thiocytosine have been studied by a combination of experimental and theoretical techniques. The steady-state absorption spectra show significant shifts of the absorption bands, where in more polar solvents the first absorption maximum shifts to higher transition energies and the second maximum to lower energies. The observed solvatochromic shifts have been rationalized using three popular solvatochromic scales and with high-level multireference quantum chemistry calculations including implicit and explicit solvent effects. It has been found that the dipole moments of the excited states account for some general shifts in …
Characterization Of Mesophotic Coral/Sponge Habitats And Fish Assemblages In The Regions Of Pulley Ridge And Tortugas From Rov Dives During R/V Walton Smith Cruises Of 2012 To 2015., John K. Reed, Stephanie Farrington, Andrew David, Stacey Harter, Heather Moe, Lance Horn, Glenn Taylor, Jason White, Joshua Voss, Dennis M. Hanisak, Maria Cristina Diaz, Shirley A. Pomponi
Characterization Of Mesophotic Coral/Sponge Habitats And Fish Assemblages In The Regions Of Pulley Ridge And Tortugas From Rov Dives During R/V Walton Smith Cruises Of 2012 To 2015., John K. Reed, Stephanie Farrington, Andrew David, Stacey Harter, Heather Moe, Lance Horn, Glenn Taylor, Jason White, Joshua Voss, Dennis M. Hanisak, Maria Cristina Diaz, Shirley A. Pomponi
Faculty Scholarship
This report summarizes the remotely operated vehicle (ROV) surveys during four cruises from 2012 to 2015 which characterizes the mesophotic coral reef ecosystems at Pulley Ridge and Tortugas. This research is part of a grant funded by the NOAA National Centers for Coastal Ocean Science award NA11NOS4780045: “Connectivity of the Pulley Ridge - South Florida Coral Reef Ecosystem”. The University of Miami ship R/V Walton Smith was used along with the University of North Carolina at Wilmington (UNCW) Super Phantom ROV and the National Marine Sanctuary Foundation (NMSF) Mohawk ROV. The cruises were a collaboration of the University of Miami, …
Measuring Scholarly Impact: A Guide For Law School Administrators And Legal Scholars, Gary M. Lucas Jr
Measuring Scholarly Impact: A Guide For Law School Administrators And Legal Scholars, Gary M. Lucas Jr
Faculty Scholarship
The author intends for this Essay to serve as a guide for law deans and legal scholars interested in measuring the impact of legal scholarship. In addition, university administrators should find it helpful for comparing the impact of their own law faculty’s scholarship with the scholarship of law faculties at other universities. The primary obstacle to such comparisons is a dearth of publicly available information. To that end, the Essay recommends that each law school create a Google Scholar profile for its faculty and explains the procedures for doing so. By acting on this recommendation, administrators would dramatically improve our …
Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt Abuses, Neil L. Sobol
Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt Abuses, Neil L. Sobol
Faculty Scholarship
Although media and academic sources often describe mass incarceration as the primary challenge facing the American criminal justice system, the imposition of criminal justice debt may be a more pervasive problem. On March 14, 2016, the Department of Justice (DOJ) requested that state chief justices forward a letter to all judges in their jurisdictions describing the constitutional violations associated with the illegal assessment and enforcement of fines and fees. The DOJ’s concerns include the incarceration of indigent individuals without determining whether the failure to pay is willful and the use of bail practices that result in impoverished defendants remaining in …
Prevalence And Associated Factors Of Attention Deficit Hyperactivity Disorder (Adhd) Among Ugandan Children; A Cross-Sectional Study, Shirley Moore, Martha Sajatovic
Prevalence And Associated Factors Of Attention Deficit Hyperactivity Disorder (Adhd) Among Ugandan Children; A Cross-Sectional Study, Shirley Moore, Martha Sajatovic
Faculty Scholarship
Background: Attention deficit hyperactivity disorder (ADHD) is a common neuropsychiatric disorder among the children. The burden of ADHD or its associated factors in Uganda are not known. The objective of this study was to determine the prevalence and the associated factors of ADHD among children attending the neurology and psychiatry clinics at Mulago National Referral Hospital. Methods: Using the disruptive behavior scale (45 items), we investigated the presence of ADHD symptoms among children attending Mulago Hospital. Questionnaires were administered to the primary care-takers of the study participants to gather information on the factors associated with ADHD. All children were subject …
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Faculty Scholarship
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
San Francisco Chronicle Interviews Joshua Kastenberg About President Trump's Missle Strike On Syrian Airfield (Experts See Trump Strike As Illegal Unless U.S. Under Threat Or U.N. Authorizes), Joshua E. Kastenberg
San Francisco Chronicle Interviews Joshua Kastenberg About President Trump's Missle Strike On Syrian Airfield (Experts See Trump Strike As Illegal Unless U.S. Under Threat Or U.N. Authorizes), Joshua E. Kastenberg
Faculty Scholarship
No abstract provided.
What The Future Holds: The Changing Landscape Of Federal Indian Policy, Kevin Washburn
What The Future Holds: The Changing Landscape Of Federal Indian Policy, Kevin Washburn
Faculty Scholarship
Since first described by Chief Justice John Marshall, the United States has been deemed to have a moral and legal “trust responsibility” to the American Indian tribal nations that gave way so that the United States could exist. For nearly two centuries, the trust responsibility reflected a paternalistic view toward Indian tribes. As the United States has developed a more enlightened policy characterized by greater respect for “tribal self-governance,” tribal governments have experienced a renaissance. Federal policy has moved away from federal control and toward tribal empowerment. As a result, the trust responsibility’s paternalistic features have come to seem anachronistic, …
Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain
Will Focusing On Men's Moral Calculus Make Abortion Less "About" Gender?, Linda C. Mcclain
Faculty Scholarship
Decades ago, feminist leader Gloria Steinem quipped that, “if men could get pregnant, abortion would be a sacrament.” As President Trump reinstates restrictions on women’s reproductive rights that the Obama Administration lifted (such as the “global gag rule”), the visual imagery of Trump signing executive orders while surrounded by an audience of white men raises – once again – the question of how gender shapes the abortion issue. In the recent unsuccessful Republican effort to repeal “Obamacare,” when Kansas Senator Pat Roberts was asked whether he supported removing the mandate that insurance companies cover “essential health benefits” such as maternity …
Challenges And Strategies For Prevention Of Multidrug-Resistant Organism Transmission In Nursing Homes, Christopher J. Crnich, Robin L.P. Jump
Challenges And Strategies For Prevention Of Multidrug-Resistant Organism Transmission In Nursing Homes, Christopher J. Crnich, Robin L.P. Jump
Faculty Scholarship
Purpose of Review: Nursing home residents are at high risk for colonization and infection with bacterial pathogens that are multidrug-resistant organisms (MDROs). We discuss challenges and potential solutions to support implementing effective infection prevention and control practices in nursing homes. Recent Findings: Challenges include a paucity of evidence that addresses MDRO transmission during the care of nursing home residents, limited staff resources in nursing homes, insufficient infection prevention education in nursing homes, and perceptions by nursing home staff that isolation and contact precautions negatively influence the well being of their residents. Summary: A small number of studies provide evidence that …
Gender As A Variable In Natural-Language Processing: Ethical Considerations, Brian N. Larson
Gender As A Variable In Natural-Language Processing: Ethical Considerations, Brian N. Larson
Faculty Scholarship
Researchers and practitioners in naturallanguage processing (NLP) and related fields should attend to ethical principles in study design, ascription of categories/variables to study participants, and reporting of findings or results. This paper discusses theoretical and ethical frameworks for using gender as a variable in NLP studies and proposes four guidelines for researchers and practitioners. The principles outlined here should guide practitioners, researchers, and peer reviewers, and they may be applicable to other social categories, such as race, applied to human beings connected to NLP research.
"No Shots, No School, No Kidding": The Legal Profession Needs A Vaccine To Ensure Professionalism, Debra Curtis
"No Shots, No School, No Kidding": The Legal Profession Needs A Vaccine To Ensure Professionalism, Debra Curtis
Faculty Scholarship
No abstract provided.
Breaking Bad Briefs, Heidi K. Brown
Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean
Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean
Faculty Scholarship
No abstract provided.
The Domain Of Torts, Alex Stein
Purposive Loyalty, Andrew S. Gold
Gateway Crimes, Murat C. Mungan
Gateway Crimes, Murat C. Mungan
Faculty Scholarship
Many who argue against the legalization of marijuana suggest that while its consumption may not be very harmful, marijuana indirectly causes significant social harm by acting as a “gateway drug,” a drug whose consumption facilitates the use of other, more harmful drugs. This Article presents a theory of “gateway crimes,” which, perhaps counterintuitively, implies that there are social gains to decriminalizing offenses that cause minor harms, including marijuana-related offenses. A typical gateway crime is an act which is punished lightly, but because it is designated as a crime, being convicted for committing it leads one to be severely stigmatized. People …
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney
Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney
Faculty Scholarship
If you ask legal ethics scholars what they remember about Louis D. Brandeis's judicial confirmation hearings, most would point to the manner in which he responded to questions about his representation of persons with perceived conflicts of interest. Louis Brandeis responded to challenges by stating that he was "counsel for the situation. Some use this comment when examining problems associated with a single lawyer representing multiple clients in the same transaction. Others believe that Brandeis may have been referring to a type of intermediary role in which lawyers attempt to adjust the rights and interests of multiple clients with potentially …
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan Saab Fortney
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan Saab Fortney
Faculty Scholarship
Black's Law Dictionary defines “tort” as a civil wrong for which a remedy may be obtained. In examining both the economics and jurisprudence related to legal malpractice, the article discusses why the “remedy” portion of this definition is unavailable for many victims of legal malpractice. This discussion considers the different stages of a legal malpractice case, including the challenges that injured persons face in retaining experienced counsel to represent them, the anatomy of the legal malpractice case, and the difficulties in collecting judgements or settlements. The discussion will consider how “capture” and “judicial bias” contribute to the “disappearing legal malpractice …