Digital Commons Network^™

Reflections On Environmental Justice, Michael B. Gerrard

Faculty Scholarship

Environmental justice is a very hot topic. Yesterday's New York Times on the front page of the Metropolitan section had a story stating: Mid-Sized Plants Headed to Poor Areas. The story stated, "The Pataki administration acknowledges in its own study that the electric generators that it wants to install around New York City would go into poor heavily minority communities, a finding that supports some of the arguments of the project's opponents. This is quoting an unreleased environmental justice analysis that may or may not be valid, but it certainly shows how hot a topic it is. This morning …

Two Checkpoint Complexes Are Independently Recruited To Sites Of Dna Damage In Vivo, Justine Melo

Biology Faculty Scholarship

The Ddc1/Rad17/Mec3 complex and Rad24 are DNA damage checkpoint components with limited homology to replication factors PCNA and RF-C, respectively, suggesting that these factors promote checkpoint activation by "sensing" DNA damage directly. Mec1 kinase, however, phosphorylates the checkpoint protein Ddc2 in response to damage in the absence of all other known checkpoint proteins, suggesting instead that Mec1 and/or Ddc2 may act as the initial sensors of DNA damage. In this paper, we show that Ddc1 or Ddc2 fused to GFP localizes to a single subnuclear focus following an endonucleolytic break. Other forms of damage result in a greater number of …

The Dynamic Analytics Of Property Law, Michael A. Heller

Faculty Scholarship

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches – creating new ideal types and synthesizing existing ones – that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.

Amicus Curiae Brief Of Now Legal Defense And Education Fund And Equal Rights Advocates In Support Of Plaintiff-Appellant And In Support Of Reversal, Katherine M. Franke

Faculty Scholarship

NOW Legal Defense and Education Fund ("NOW LDEF") is a leading national non-profit civil rights organization that performs abroad range of legal and educational services in support of efforts to eliminate sex-based discrimination" and secure equal rights. NOW LDEF was founded in 1970 by leaders of the National Organization for Women as a separate organization. NOW LDEF has appeared as amicus in numerous cases involving sex stereotyping as a form of sex discrimination, including Price Waterhouse v. Hopkins, and Fisher v. Vassar College.

Equal Rights Advocates ("ERA") is one of the oldest public interest law firms specializing in …

Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman

Faculty Scholarship

In late March, a reporter called with news of a pirated copy of Professor Joseph Hoffinann's soon-to-be-published "attack" on our study, A Broken System: Error Rates in Capital Cases, 1973-1995. Did we care to comment? Obtaining our own copy revealed that Professor Hoffmann's fusillade missed its mark (he misstates what we did) and boomeranged (his mischaracterizations of our analysis accurately describe his own). We do care to comment, and Hoffmann and the Indiana Law Journal have graciously let us do so.

Hoffmann's main claim is that we "extrapolated" the 68% rate of reversible error we reported for capital verdicts …

Rulemaking's Promise: Administrative Law And Legal Culture In The 1960s And 1970s, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Protecting Children From Exposure To Domestic Violence: The Use And Abuse Of Child Maltreatment Statutes, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan C. Williams

Faculty Scholarship

No abstract provided.

Private Choices And Public Law Richard A. Posner's Contributions To Family Law And Policy, Ben Depoorter, Francesco Parisi

Faculty Scholarship

No abstract provided.

The David R. Tillinghast Lecture: Taxing International Income: Inadequate Principles, Outdated Concepts, And Unsatisfactory Policies, Michael J. Graetz

Faculty Scholarship

It is a pleasure to be here today to deliver the first David R. Tillinghast Lecture of the 21st century, a lecture honoring a man who has done much to shape and stimulate our thinking about the international tax world of the 20th.

Our nation's system for taxing international income today is largely a creature of the period 1918-1928, a time when the income tax was itself in childhood. From the inception of the income tax (1913 for individuals, 1909 for corporations) until 1918, foreign taxes were deducted like any other business expense. In 1918, the foreign tax credit (FTC) …

Publication Rules In The Rulemaking Spectrum: Assuring Proper Respect For An Essential Element, Peter L. Strauss

Faculty Scholarship

Imagine a visitor who seeks to catalog the variety of written texts American government uses to communicate its powers and its citizens' rights and obligations. She might organize those texts into the following pyramid:

• A Constitution, adopted by "the people"

• Hundreds of statutes, adopted by an elected Congress

• Thousands of regulations, adopted by politically responsible executive officials

• Tens of thousands of interpretations and other guidance documents, issued by responsible bureaus

• Countless advice letters, press releases, and other statements of understanding, generated by individual bureaucrats

On inquiry she would find that we understand passably well the …

Dispelling The Myths About The Global Economy, Murray L. Weidenbaum

Murray Weidenbaum Publications

Murray Weidenbaum attempts to clarify many of the myths involving globalization, such as job loss, do sanctions work, is the U.S. the only country that does not use protectionism, and whether American companies doing business overseas pollute their environments due to less strict regulations.

The Pros And Cons Of Globalization, Murray L. Weidenbaum, Robert Batterson

Murray Weidenbaum Publications

This briefing book presents both sides of the globalization debate so that readers can draw their own conclusions. Although many of the factors are complex, this summary of the issues surrounding the conflict over globalization is meant to help people better understand the claims of both sides.

Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester

Faculty Scholarship

Restrictive covenants are an increasingly common feature of employment, used across a wide range of industries, occupations, and employees. In its most common form, a restrictive covenant prohibits an employee from competing with the employer within a certain geographic area fora specified period of time after departure, usually one or two years. Sometimes these clauses are drawn more narrowly, proscribing specific activities such as continued dealings with former customers. Regardless of scope, the typical remedy when an employee breaches such a covenant is injunctive relief.

A substantial literature within law and economics debates the merits of restrictive covenants from an …

Clean Air, Clean Processes? The Struggle Over Air Pollution Law In The People's Republic Of China, William P. Alford, Benjamin L. Liebman

Faculty Scholarship

This Article commences in Part I by introducing law-making in China before reconstructing the drafting process and attendant political battles leading up to the revision of China's principal air pollution law in 1995 – which, as Ackerman and Hassler observed with reference to the United States, can be every bit as messy as the soiled air such efforts are intended to address. Part II then examines the institutional factors that ultimately are critical to an understanding of why the 1995 APPCL, as promulgated, fell well short of its original authors' objectives but set in motion a process that over time …

Doing Science Learning Life: Activities With Spiritual Lessons, Clifton Keller

All Books

Science Fun for You and Your Children

The author claims that many students are afraid of college level math and science courses and give up on lifelong dreams. However by getting involved with activities related to science, rather than memorizing facts, some decide to “bite the bullet” and take advanced studies. As a teacher, he learned the processes learned along the way are more important than the facts. For that reason, the book is centered on a dozen process skills such as Observing, Measuring, Classifying, Communicating, etc. Piaget assumed: “Children build on THEIR own knowledge based on THEIR own experiences.” …

Hard Water: Politics And Water Supply In Milwaukee, 1870-1995, Kate Foss-Mollan

Purdue University Press Books

Hard Water: Politics And Water Supply In Milwaukee, 1870-1995 by educator and urban studies specialist Kate Foss-Mollan is the documented and historical account of the water supply of Milwaukee, Wisconsin. Foss-Mollan blends urban history, technology, biology, research, and political science into a remarkably intriguing and informative saga. From conflicts over supplying poor neighborhoods to partisan debates regarding the necessity of a filtration plant, Hard Water spans over a century with an eye-opening account of the wrangling, machinations, and more all about a seemingly simple drink of water. Very highly recommended for American urban studies reading lists.

Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander

Research Collection Yong Pung How School Of Law

Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast, Hoffmann-Riem laments that despite many years of discussions about ADR (alternative dispute resolution) in Germany, mediation plays a marginal role only. Further, Labes states that 'ADR mechanisms are relatively obscure methods in Germany.' The comparison between Australia and Germany is particularly interesting because it considers both a common law and a civil law tradition. This essay will discuss the …

Regulation Of Religious Proselytism In The United States, Howard Hunter, Polly J. Price

Research Collection Yong Pung How School Of Law

Howard Hunter and Polly Price examine the components of the US legal system that affect proselytism, focusing on the contradictions between the constitutional protection of religious freedom and legal constraints on proselytism. Hunter and Price comprehensively review the regulation of proselytism in both public and private spaces in the United States, analyze the justifications for these regulations, and suggest probable future issues of debate regarding religious freedom. Additionally, Hunter and Price argue that the regulation of proselytism has led to a failure to protect religious minorities, and in some cases contributed to their persecution.

Dose-Banding Of Cytotoxic Drugs: A New Concept In Cancer Chemotherapy, Gj Sewell, Rj Plumridge

School of Health Professions

Doses of cytotoxic drugs have traditionally been calculated on the basis of body surface area (BSA), the only exception being carboplatin, for which the dose is calculated on the basis of renal function and targeted area under the plasma concentration–time curve. The use of BSA for dosage calculation arises from Phase I drug development, when animal doses are recalculated for humans on the basis of BSA. This practice has continued into the later drug development phases and, after marketing approval, into clinical practice.1,2 As a result, each dose of cytotoxic drug is individualized for each patient in accordance with current …

Maerl - A Spectacular Firth Of Clyde Habitat., Jm Hall-Spencer

School of Biological and Marine Sciences

Pioneering marine biologists were drawn to study the diversity of organisms found in the Firth of Clyde throughout the 19th century. In 1885, naturalists decided to study this diversity in detail and moved a floating laboratory (the ‘Ark’) from the relatively impoverished waters of the Firth of Forth to Millport on the Isle of Cumbrae. The move proved a great success and one of the numerous advances made over the next decade was the discovery of local maerl communities. The proximity of a range of marine habitats located within sheltered waters clinched the decision to establish the first Scottish marine …

Predicting Cervical Screening In College Women: A Test Of The Theory Of Reasoned Action, Lori L. Armstrong

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Comparison Of The Utilization Rates Of Production Inputs And Output Levels At For-Profit Non-Profit And Government Operated Nursing Homes In Montana From 1992-1998, Jon A. Chesbro

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Impact Of Fine Sediment On Stream Macroinvertebrates In Urban And Rural Oregon Streams, Raymond S. Hoy

Dissertations and Theses

Urbanization, often characterized by high impervious surface area, can result in excessive inputs of fine sediments into urban streams. Excessive fine sediments can blanket the stream bed filling the interstitial space in the substratum, which may have adverse effects on stream biota. A field survey was conducted in Oregon urban and non-urban basins to investigate the relationship between fine sediments and stream macroinvertebrates. Physical, chemical, and biological data were collected from 59 stream sites in two urban and two rural streams. The stream sites fulfilled a continuous sediment gradient, which ranged from a low of 2% of fine sediment in …

Service Learning In Business Schools: What The H.E.L.P. Honduras Story Teaches About Building, Sustaining, And Replicating International Initiatives In Graduate Programs, Lisa Mali Jones

Theses and Dissertations

This document outlines the foundation and first year results of the H.E.L.P. Honduras organization, which was formed as a student-based, student-governed international outreach initiative at the Marriott School of Management at Brigham Young University. Specifically, in its first year the organization focused on providing microcredit and service relief to victims of Hurricane Mitch in Honduras.

After studying the case of H.E.L.P. Honduras, readers should conclude that educators interested in sponsoring sustainable student-run service learning organizations at private universities must address three primary issues: the problem of student selection and turnover, the need for administrative and faculty endorsement, and the need …

Addressing Mormon Female Communities: Working Towards A Woman's Capacity, Alyssa Snow Larson

Theses and Dissertations

This thesis project explores the discourse in Mormon culture addressing Mormon female communities. The discussion is sociological rather than theological and examines the functional characteristics of discourse found in the tradition regarding women. It sets out to review a paradox in the discourse addressing Mormon women that has been documented over time. I examine how this paradox in Mormon discourse establishes and limits women's roles; to do so, I use personal examples and the experience provided by thirteen women whom I interviewed.

The thesis is divided into three main discussions: Community, Discursive Action and Cooperation. My methodology involves a theoretical …

Changing Ideal Of Manhood In Late-Nineteenth Century America, John Robert Van Slyke

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Because Of Thy Exceeding Faith: A Choreographic Portrayal Of Women In The Book Of Mormon, Wendy L. Bone

Theses and Dissertations

This thesis is a choreographic exploration that illuminates and defines moments in the lives of women who are mentioned in the Book of Mormon. These women are Sariah; the wife of King Lamoni and Abish, her servant; and the Ammonite mothers of Helaman's two thousand stripling warriors. It is through these stories that their faith was evident. By understanding the roles these women played in the history of the Book of Mormon, we can use their example to strengthen our own testimonies.
It was discovered through this process that, although one can read about the life of another, a deeper …

Treatment Of Musculoskeletal Pain With The Sting Of The Stinging Nettle: Urtica Dioica, Colin F Randall

Peninsula Medical School Theses

Introduction The author's interest in the therapeutic potential of the sting of nettles began with the presentation of two patients in his general practice surgery who were self-prescribing nettle sting for their arthritis pain. The publication of these two case reports produced responses from four other doctors about similar cases. Historical and contemporary research An extensive literature and database review produced few references from the medical literature but numerous anecdotal references from herbal and folklore sources of worldwide internal and external use of nettle since Roman times. The author has been asked to contribute two chapters on the historical and …

A Study On Infant Formula Industry In Malaysia, Kaun Kwai

Student Works (2000-2009)

Since established in 1959, DUMEX (Malaysia) Sdn. Bhd. is the market leader in infant formula business in Malaysia. Stricter Code of Ethics for Infant Formula Products and increasing market competitiveness however, have awaken the need to examine appropriate marketing strategies in order to remain as number one in the infant formula segment. Marketing strategies proposed for infant formula industry in this study are predominantly based on capabilities of DUMEX (Malaysia) Sdn. Bhd. DUMEX Nutrition Services Team plays an important role in creating infant formulas awareness among health care professionals. Dilemma of high staff turnover generated a need to determine correlation …