Digital Commons Network^™

The Managing Lawmaker In Cyberspace: A New Power Model, Tamar Frankel

Faculty Scholarship

This paper is about the power of The Internet Corporation for Names and Numbers (ICANN). It examines how this power was created, augmented, strengthened, and reigned in. ICANN poses a puzzle. It is essentially an unregulated and undemocratic monopoly. Yet, ICANN's exercise of power has been fairly contained. Since ICANN is a monopoly, what prevents it from taking a far more high-handed and extensive ruling posture?

Even though at first blush my analogy is counterintuitive, I analogize ICANN to a managing lawmakers of market infrastructures, such as the New York Stock Exchange, while recognizing their differences. Unlike theExchange, ICANN has …

When Did The Constitution Become Law?, Gary S. Lawson, Guy Seidman

Faculty Scholarship

Conventional wisdom and Supreme Court doctrine hold that the federal Constitution became legally effective on March 4, 1789, when the first session of Congress began. This conclusion is wrong, or at least seriously incomplete. Evidence from the Constitution, its adoption, and contemporaneous understandings reflected in treaties, statutes, and state constitutions demonstrates that the Constitution did not have a single effective date. Instead, different parts of the Constitution took effect in stages, beginning on June 21, 1788, when New Hampshire became the ninth state to ratify the document, and continuing at least until April 30, 1789, when President Washington was sworn …

Quality Control, Enterprise Liability, And Disintermediation In Managed Care, John V. Jacobi, Nicole Huberfeld

Faculty Scholarship

The authors examine the potential of enterprise liability for managed care organizations in light of current health-care finance realities. They conclude that, despite the recent trend toward more loosely structured managed care organizations, such as disintermediated or patient-directed plans, plan-based enterprise liability best serves the goal of reducing medical injury by permitting a focus on entities with sufficient scope to translate liability pressure into support for systemic risk-reduction measures. Advancing plan-based enterprise liability in an era of disengaged managed care organizations will require an extension of tort liability to firms with little control but much influence over their business partners.

The Merger Between Public Health And Health Law – The Us Situation, Wendy K. Mariner

Faculty Scholarship

Law is an essential tool for protecting the public’s health. It is often the law that turns public health science into public health action. Sanitation, clean air and water, universal vaccination, injury prevention, tobacco control, drug policy, and a vast array of other interventions are achieved through a complex web of local, provincial and national statutes, regulations and judicial cases. The Institute of Medicine in the United States defines public health as “what we, as a society, do collectively to ensure the conditions in which people can be healthy.” And society acts collectively most often through law.

Thus, the merging …

Congressional Power To Require Dna Testing, Larry Yackle

Faculty Scholarship

Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy's idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.

A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper

Faculty Scholarship

No abstract provided.

The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel

Faculty Scholarship

The Internet transcends boundaries and time, reduces and shifts the cost of receiving and disseminating information. It poses unusual pressures of change on the common law. Internet jurisprudence demonstrates the vitality of the common law, yet highlighted its limitations. The Article describes how the common law addresses Internet issues and the relationship of judicial cases and congressional actions. The Article praises common law system of "muddling through," evolving piecemeal, addressing particular conflicts, not always uniformly nor predictably. This is lawmaking for the risk-averse, reducing the risk and cost of correcting big mistakes. The price: higher learning costs and fewer clear, …

Outrelativizing Relativism: A Liberal Defense Of The Universality Of International Human Rights, Robert D. Sloane

Faculty Scholarship

This Article seeks to provide a new framework, rooted in classical liberalism, for understanding and defending the universality of international human rights. After reviewing the philosophical and historical development of the idea of universality, I argue in Part II that none of the traditional justifications for conceiving of international human rights as universal succeed. Cultural pluralism therefore must be accepted as a descriptive truth. But to acknowledge the cultural contingency of values as a descriptive claim does not, by itself, undermine the normative claim that human rights are, or should be, universal. Instead, it points to the need to justify …

Is International Bankruptcy Possible?, Frederick Tung

Faculty Scholarship

Although international business firms proliferate, there is no international bankruptcy system. Instead, bankruptcy law remains a matter for individual states. The failure of a multinational firm therefore raises difficult questions of conflict and cooperation among national bankruptcy laws. In the discourse over the appropriate design for an international bankruptcy system, universalism has long held sway as the dominant idea, embraced nearly universally by bankruptcy scholars. Universalism offers a simple and elegant blueprint for international bankruptcy. Under universalism, the bankruptcy regime of the debtor firm's home country would govern worldwide, enjoying global reach to treat all of the debtor's assets and …

The Future Of Southeast Asia: Challenges Of Child Sex Slavery And Trafficking In Cambodia, Benjamin Perrin, Shuvaloy Majumdar, Nicholas Gafuik, Stephanie Andrews

All Faculty Publications

The Cambodia Project: During 2000-2001, The Future Group launched its inaugural project in Southeast Asia to address child sex slavery and trafficking. For nearly one-hundred days, a deployment team of four worked with local organizations in Cambodia to implement new ideas to help the children affected by this crisis of international proportions. Initially, The Future Group had planned to work to implement five projects in Cambodia. After just three weeks, the deployment team was significantly ahead of schedule and began to actively identify new areas to pursue. Critical areas of need at local centres were addressed and projects that increased …

The Prime Minister's Police? Commissioner Hughes' Apec Report, W. Wesley Pue

All Faculty Publications

On 31 July 2001, a distinguished Canadian jurist reported on matters of unusual significance. Sitting as a Member of the Commission for Public Complaints Against the RCMP (CPC), Mr. Justice E.N. Hughes dealt with matters that go to the heart of liberal democracy. Any investigation of alleged police misconduct is important, of course, to a country that wishes to be governed in accordance with fundamental principles of the rule of law. This is so even in the seemingly most inconsequential instances. Important principles are involved even where "small" matters are concerned. The matters before Commissioner Hughes on this occasion however …

Rethinking The Debates Over Health Care Financing: Evidence From The Bankruptcy Courts, Melissa B. Jacoby, Teresa A. Sullivan, Elizabeth Warren

Faculty Publications

No abstract provided.

The Supreme Court, Bush V. Gore, And Rough Justice, William P. Marshall

Faculty Publications

No abstract provided.

Apologies Or Apologisits? Remembering The Japanese American Internment In Wyoming, Eric L. Muller

Faculty Publications

No abstract provided.

Customary International Law And Torture: The Case Of India, A. Mark Weisburd

Faculty Publications

No abstract provided.

The Impossibility Of Lujan's Project, Gene R. Nichol

Faculty Publications

No abstract provided.

The Future Of Educational Diversity: Old Decrees, New Challenges, John Charles Boger, Elizabeth Jean Bower

Faculty Publications

No abstract provided.

Making And Breaking Rank: Some Thoughts On Recent Canadian Law School Surveys, Margot Young

All Faculty Publications

The recent emergence of various surveys evaluating Canadian law schools has introduced greater notions of rank among these law schools. Three different types of law school surveys can be identified. Collectively and individually, these surveys threaten a number of normative goals for legal education: humanistic professionalism, pluralistic legal education and diversity. While it is important to acknowledge the need for accountability, it is essential, as well, that legal educators think carefully about what values and perspectives ought to underpin such evaluation.

Grave Matter: Contestations In Actress Burial, Christine Courtland Mather

LSU Doctoral Dissertations

Death disrupts. The social space accorded to rituals of death and memorialization differs from all other spaces. Actresses disturb. Society contests, determines, and enacts the burial of an actress as her final performance. This study explores the actress burial as a site of meaning. Contestations over the fate of the actress body reveal power structures and the motivations of cultural institutions. This study highlights four actresses—Lecouvreur, Oldfield, Bernhardt, and Duse—whose burials cover a wide range of circumstances. Each chapter gives the relevant biographical information for the actress and the social background for the cultural contestation over the actress body. Traditional …

Analysis Of Inorganic Materials Using Advanced Nmr And Nqr Techniques, Anthony Adrian Mrse

LSU Doctoral Dissertations

Several advanced solid-state nuclear magnetic resonance (NMR) and nuclear quadrupole resonance (NQR) techniques have been applied to inorganic materials of commercial interest. The specific techniques applied to each system were chosen to solve specific obstacles which impeded the flow of industrial science.

First, the dispersion of brominated flame retardants in polymers is monitored using pulsed ⁸¹Br NQR (nuclear quadrupole resonance) techniques. The NQR spectrometer consists of a homemade NMR console and an automatically tuned loop-gap resonator probe. The two factors which affect the ⁸¹Br NQR transition frequencies of brominated aromatics are: electron-donating and withdrawing substituents on the ring …

The Lawyering Process Program: Building Competence And Confidence, Terrill Pollman, Jennifer B. Anderson

Scholarly Works

In this article, the authors describe the Lawyering Process Program at the William S. Boyd School of Law. Like their colleagues at law schools across the country, students at the Boyd School of Law spend the early part of their law school careers learning the basics of legal research and writing. Unlike many of their fellow IL's, however, Boyd students also learn other important concepts and skills. The Lawyering Process Program at Boyd is a unique, three-semester class that includes significant instruction and experience in four areas: (1) legal writing and analysis; (2) legal research; (3) lawyering skills; and (4) …

The Constitution As Based On The Consent Of The Governed—Or, Should We Have An Unwritten Constitution?, Thomas B. Mcaffee

Scholarly Works

It is useful to embrace continuity in describing basic differences we have in giving effect to the Constitution, especially if particular ways of communicating help us convey and understand what is at stake. The individual who originated the term “non-interpretivist” to describe judicial review implementing the unwritten constitution, for example, continues to believe that the best approach to constitutional interpretation is not “textualist,” but is properly characterized as “supplemental.” In his view, “much American constitutional adjudication, including but not limited to decisions under due process liberty and the right of privacy, involves the interpretation of an unwritten and essentially common …

Politics, Gay Rights, And The Light At The End Of The Rainbow, Mary Lafrance

Scholarly Works

Legal scholars and practitioners concerned about the future of the law rather than merely its present know that successful strategies for advancing the law require not only a facility with the nuts and bolts of legal analysis but a sense of history and an awareness of the ways in which law is shaped by politics, public opinion, cultural norms, and moral and political philosophy.

Challenging those laws that discriminate on the basis of sexual orientation offers one of the most active and exciting undertakings for modern civil rights advocates. The losses are frustrating but the victories are exhilarating. The long-term …

The Time-Course Of Vascular Adaptations Following Localized Short Term Exercise Training, Jason David Allen

LSU Doctoral Dissertations

This is a series of 3 experiments in the area of vasoreactivity. The first study investigated the stability and reproducibility of brachial artery flow-mediated dilation (BAFMD). Twenty-six healthy volunteers underwent 3 scans on 2 days, performed by 2 ultrasonographers, and analyzed by 2 readers. All subjects were tested between 7 and 11am after refraining from food and exercise. Average baseline diameter was 3.48±0.53mm, which increased to 3.71±0.57mm (6.58±4.15%) at peak dilation. ICCC's for days, testers and readers were 0.9188, 0.9394, and 0.8982 respectively. To detect a difference in vasoreactivity of 60% (two-tailed), e.g. 5% vasodilation versus 8% vasodilation, at 90% …

The Globalization Of Public Health: The First 100 Years Of International Health Diplomacy, David P. Fidler

Articles by Maurer Faculty

Global threats to public health in the 19th century sparked the development of international health diplomacy. Many international regimes on public health issues were created between the mid-19th and mid-20th centuries. The present article analyses the global risks in this field and the international legal responses to them between 1851 and 1951, and explores the lessons from the first century of international health diplomacy of relevance to contemporary efforts to deal with the globalization of public health.

Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko

Scholarly Works

The Employee Retirement Income Security Act of 1974 was enacted in the wake of highly publicized pension disasters in order to protect employee pension rights. Born as a piece of pro-worker legislation, it initially was criticized by business groups as a cause of bureaucratic arteriosclerosis that was worse than the disease of pension failures. Even worse, it prompted many employers to consider dispensing with pension plans altogether rather than struggle with the administrative and financial obligations of ERISA. Business, labor, and the public all complained about the law's complexity. It even became something of a national joke as regulators took …

Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel

Scholarly Works

One need not be a charter member of the Critical Legal Studies Movement (“CLS”) to see a few fundamental contradictions in litigation practice in the United States. A prominent philosophical tenet of the CLS movement is that law and society are gripped by a “fundamental contradiction” and simultaneously seek to embrace contradictory objectives. Civil litigation, particularly discovery, is no exception: New amendments to the discovery rules are the latest example of this contradiction. Although the new changes are not drastic, they continue the post-1976 pattern of making discovery the convenient scapegoat for generalized complaints about the dispute resolution system. One …

Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin

Scholarly Works

No abstract provided.

Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main

Scholarly Works

No abstract provided.

The Prudent Prosecutor, Leslie C. Griffin

Scholarly Works

No abstract provided.