Digital Commons Network^™

Comments On Open Source Genomics, Michael J. Meurer

Faculty Scholarship

I am going to make a few comments in the spirit of those made by Josh. I think the topic of Dan's paper is very interesting. It covers a lot of ground, and I do not have time to talk about more than a single issue. Josh's began discussing the similarity between academic research and open source, and then analyzed GPL. I want to go back to the first issue Josh raised and argue that, unlike Josh, I see some fairly significant differences between open source software and genomics. I want to talk about the cooperative ethic in the open …

Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine

Articles

Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review …

Who Cares?, Adam C. Pritchard

Articles

Jim Cox and Randall Thomas have identified an interesting phenomenon in their contribution to this symposium: institutional investors seem to be systematically "leaving money on the table" in securities fraud class actions. For someone who approaches legal questions from an economic perspective, the initial response to this claim is disbelief. As the joke goes, economists do not bend over to pick up twenty-dollar bills on the street. The economist knows that the twenty dollars must be an illusion. In a world of rational actors, someone else already would have picked up that twenty-dollar bill, so the effort spent bending over …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Hellingv. Carey Revisited: Physician Liability In The Age Of Managed Care, Leonard J. Nelson Iii

Seattle University Law Review

In this article, the author proposes that the traditional custom-based standard applicable in medical malpractice cases be replaced with a reasonable, prudent physician standard that will more adequately take into account the role of the physician in rationing care. Part I of this article focuses on the heightened tension between tort and contract in managed health care. Part II of this article examines managed care cost containment techniques and their possible impact on physician decision making. Part III focuses on the widely acknowledged shortcomings of the customary standard. Part IV provides an outline of the doctrinal regime for my proposed …

Discoverability Of "Deleted" E-Mail: Time For A Closer Examination , Michael Marron

Seattle University Law Review

This Comment will argue that the discovery rules presently require disclosure of an unacceptable amount of information. Part II of this Comment will outline some of e-mail's advantages over other communications media to help explain the rapid rise in e-mail use. Part III will then explain, in layman's terms, how e-mail actually works and discuss some of the reasons why e-mail archives are often considered as likely to contain “smoking gun” messages—the kind of evidence that can drastically affect the outcome of a case. But what is it about e-mail that can make it such a potent evidentiary weapon? The …

Volume Index, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Comment On Data Protection Statutes And Bioinformatic Databases, Wendy J. Gordon

Faculty Scholarship

We have heard from the lawyer, the advocate's perspective of some of the legal issues involved in database protection and bioinformatics, and now we are going to hear an academic perspective on these issues. Professor Dennis Karjala is a professor at the Arizona State University College of Law with an interesting background. He has a Ph.D. in electrical engineering and taught in that field before going to law school at Boalt, and he is an internationally renowned expert on copyright law and computer law issues. Professor Karjala is going to talk to us about database protection issues. His presentation will …

Authors, Publishers And Public Goods: Trading Gold For Dross, Wendy J. Gordon

Faculty Scholarship

The article seeks to clarify what is at stake - and what is not - in the litigation challenging the constitutional validity of the Sonny Bono Copyright Term Extension Act (CTEA). First, the article distinguishes between the CTEA's retrospective term extension of copyright term and the retrospective extensions enacted by prior Congresses. The article suggests that the CTEA provisions are constitutionally questionable in ways that earlier retrospective extensions may not have been. To hold the CTEA unconstitutional would not make all other term extensions vulnerable.

Second, the article shows how non-creative physical activities such as digitization and film preservation have …

Overexpression And Divalent Metal Binding Properties Of The Methionyl Aminopeptidase From Pyrococcus Furiosus, Lu Meng, Shane Ruebush, Ventris M. D'Souza, Alicja J. Copik, Susumu Tsunasawa, Richard C. Holz

Chemistry Faculty Research and Publications

The gene encoding for the methionyl aminopeptidase from the hyperthermophilic archaeon Pyrococcus furiosus (PfMetAP-II; EC 3.4.11.18) has been inserted into a pET 27b(+) vector and overexpressed in Escherichia coli. The new expression system resulted in a 5-fold increase in purified enzyme obtained from a 5 L fermentor growth. The as-purified PfMetAP-II enzyme, to which no exogenous metal ions or EDTA was added, was found to have 1.2 equiv of zinc and 0.1 equiv of iron present by ICP-AES analysis. This enzyme had a specific activity of 5 units/mg, a 60-fold decrease from the fully loaded Fe(II) …

Thermal Stability And Flame Retardancy Of Poly(Methyl Methacrylate)-Clay Nanocomposites, Jin Zhu, Paul Start, Kenneth A. Mauritz, Charles A. Wilkie

Chemistry Faculty Research and Publications

Three ammonium salts, hexadecylallyldimethyl ammonium chloride (Allyl16), hexadecylvinylbenzyldimethyl ammonium chloride (VB16) and hexadecylvinylbenzyldimethyl ammonium chloride (Bz16) were synthesized and ion exchanged onto montmorillonite. Poly(methyl methacrylate)–clay nanocomposites of all three clays were prepared by bulk polymerization and the resulting nanocomposites were characterized by X-ray diffraction and transmission electron microscopy. The clays which contain a pendant double bond are more likely to give an exfoliated material while that which contains no double bond is intercalated. The thermal stability and flame retardancy were measured by thermogravimetric analysis (TGA) and Cone Calorimetry respectively.

Cloning And The U.S. Congress, George J. Annas

Faculty Scholarship

In the immediate aftermath of the birth of Dolly the sheep, the national debate over the banning of human cloning focused almost exclusively on the issue of safety. President Bill Clinton's National Bioethics Advisory Commission, for example, recommended in 1997 that Congress impose a five-year moratorium on attempts to clone a human because of the likely physical harm to the cloned infant. Congress did not act on this suggestion, but even if it had, that moratorium would already be almost over. Cloning is now back on the congressional agenda, with a new focal point: the creation of cloned embryos for …

Three-Dimensional Structure Of The Complexin/Snare Complex, Xiaocheng Chen, Diana R. Tomchick, Evgenii L. Kovrigin, Demet Araç, Mischa Machius, Thomas C. Südhof, Josep Rizo

Chemistry Faculty Research and Publications

During neurotransmitter release, the neuronal SNARE proteins synaptobrevin/VAMP, syntaxin, and SNAP-25 form a four-helix bundle, the SNARE complex, that pulls the synaptic vesicle and plasma membranes together possibly causing membrane fusion. Complexin binds tightly to the SNARE complex and is essential for efficient Ca²⁺-evoked neurotransmitter release. A combined X-ray and TROSY-based NMR study now reveals the atomic structure of the complexin/SNARE complex. Complexin binds in an antiparallel α-helical conformation to the groove between the synaptobrevin and syntaxin helices. This interaction stabilizes the interface between these two helices, which bears the repulsive forces between the apposed membranes. These results …

Passports, Private Choice, And Private Interests: Regulatory Competition And Cooperation In Corporate, Securities, And Bankruptcy Law, Frederick Tung

Faculty Scholarship

This paper discusses international regulatory competition in the related areas of corporate, securities, and bankruptcy law, contrasting two different forms that regulatory competition may take. The first is private choice, or "direct competition." In this arrangement, firms are free to elect the regulatory regime that will govern their affairs, regardless of the location of a firm's assets, personnel, registered office, or transactions. The paradigmatic example is corporate charter competition among US states. The second form of competition is the "regulatory passport" arrangement, which has also been variously described as "mutual recognition" and "reciprocity." In this scenario, nations agree to recognize …

Molecular Structures Of The Metastable Charge-Transfer Complexes Of Benzene (And Toluene) With Bromine As The Pre-Reactive Intermediates In Electrophilic Aromatic Bromination, Alexandr V. Vasilyev, Sergey V. Lindeman, Jay K. Kochi

Chemistry Faculty Research and Publications

Successful crystallization and X-ray crystallographic analyses of the highly metastable (1∶1) complexes of bromine with benzene and toluene establish the unique (localized) structure B that differs in notable ways from the long-accepted (delocalized) structure A. Furthermore, we demonstrate the (highly structured) charge-transfer complexes [C₆H₆,Br₂] and [CH₃C₆H₅,Br₂] to be the pre-reactive intermediates that are converted (via an overall Br⁺ transfer) to the Wheland intermediates in electrophilic aromatic bromination. The role of the dative ion pairs [C₆H₆˙⁺ Br₂˙ …

Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, George J. Annas, Lori B. Andrews, Rosario M. Isasi

Faculty Scholarship

We humans tend to worry first about our own happiness, then about our families, then about our communities. In times of great stress, such as war or natural disaster, we may focus temporarily on our country but we rarely think about Earth as a whole or the human species as a whole. This narrow perspective, perhaps best exemplified by the American consumer, has led to the environmental degradation of our planet, a grossly widening gap in living standards between rich and poor people and nations and a scientific research agenda that focuses almost exclusively on the needs and desires of …

Fire Retardant Halogen-Antimony-Clay Synergism In Polypropylene Layered Silicate Nanocomposites, Marco Zanetti, Giovanni Camino, Domenico Canavese, Alexander B. Morgan, Frank K. Lamelas, Charles A. Wilkie

Chemistry Faculty Research and Publications

Nanocomposites of polypropylene-graft-maleic anhydride with organically modified clays have been prepared and characterized by X-ray diffraction and transmission electron microscopy. Their combustion behavior has been evaluated using oxygen consumption cone calorimetry. Synergy is observed between the nanocomposite formed and conventional vapor phase fire retardants, such as the combination of decabromodiphenyloxide and antimony oxide. The presence of bromine and antimony does not affect the heat release rate curves of the virgin polymer.

A Comparison Of Various Methods For The Preparation Of Polystyrene And Poly(Methyl Methacrylate) Nanocomposites, Dongyan Wang, Jin Zhu, Qiang Yao, Charles A. Wilkie

Chemistry Faculty Research and Publications

Polymer−clay nanocomposites of styrene and methyl methacrylate have been prepared by bulk, solution, suspension, and emulsion polymerization as well as by melt blending. Two different organic modifications of montmorillonite have been used:  one contains a styryl monomer on the ammonium ion while the other has no double bond. The organic modification as well as the mode of preparation determines if the material will be exfoliated or intercalated. Exfoliation is more likely to occur if the ammonium ion contains a double bond which can participate in the polymerization reaction, but the mere presence of this double bond is not sufficient to …

Bioterrorism, Public Health, And Civil Liberties, George J. Annas

Faculty Scholarship

The prospect of having to deal with a bioterrorist attack, especially one involving smallpox, has local, state, and federal officials rightly concerned. Before September 11, most procedures for dealing with a bioterrorist attack against the United States were based on fiction. Former President Bill Clinton became engaged in the bioterrorism issue in 1997, after reading Richard Preston's novel The Cobra Event. In Tom Clancy's 1996 Executive Orders, the United States is attacked by terrorists using a strain of Ebola virus that is transmissible through the air. To contain the epidemic, the President declares a state of emergency, orders that …

Medical Privacy And Medical Research: Judging The New Federal Regulations, George J. Annas

Faculty Scholarship

Americans support both protecting the privacy of medical records and encouraging medical research. Thus, it is not surprising that a move to change practices in these two areas has generated attention and comment. The new federal regulations, promulgated under the authority of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), were adopted to protect the privacy of medical records. They were not specifically designed to facilitate or limit medical research. Nonetheless, the regulations have prompted strong objections from the biotechnology industry and from academic medicine. The Association of American Medical Colleges and the Biotechnology Industry Organization have argued …

Foreword: The Promise And Peril Of Biotechnology, Joan H. Krause

Faculty Publications

No abstract provided.

Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining

Articles

We should have a text to help us-lawyers and theologians almost always do. Consider this from Wordsworth, and ask whether it goes too far if Wordsworth were thought to be speaking to the practicing lawyer: Here you stand, Adore, and worship, when you know it not; Pious beyond the intention of your thought; Devout above the meaning of your will. -Yes, you have felt, and may not cease to feel. The estate of Man would be indeed forlorn If false conclusions of the reasoning Power Made the Eye blind, and closed the passages Through which the Ear converses with the …

Dynamical Systems Theory As Applied To War-Ravaged Bosnia And Its People: Stage One Of A Multistrategy Research, Kristin T. Trotter

Theses and Dissertations (Comprehensive)

Using the theoretical underpinnings of dynamical systems theory and the construct of self-organization, this study uses a multistrategy research design to explore coping and adaptive mechanisms in a group of 26 Bosnian refugees. Qualitative findings indicated that in spite of tremendous losses this group of Eastern European refugees restructured their lives in Canada in creative, unexpected, and novel ways. This study specifically focused on issues of post traumatic growth and explored exactly how refugees manage to rebuilt their lives and self-organize. Quantitative measures looked at symptoms of trauma over a 200-day period. Using the Impact of Events Scale - Revised, …

Dancing Towards Wholeness: An Examination Of Empathy And Cohesion In Social Work Treatment Groups, William James Pelech

Theses and Dissertations (Comprehensive)

The purpose of this dissertation was to examine the relationship between empathy and cohesion in a social work treatment group. The findings reported below were derived from video recording and analysis of 12 one-hour sessions from one closed residential treatment group. Both group cohesion and empathy were measured with validated rating scales involving observer ratings and self-reports by group members. In addition, a new construct was introduced to the study of group behavior. Interpersonal coordination was imported to this inquiry as a means of examining changing patterns of nonverbal behavior in the treatment group under study. Interpersonal coordination was defined …

Class Of 2002, Pennsylvania State University, Dickinson School Of Law

Class Photos

No abstract provided.

Llm Class Of 2002, Pennsylvania State University, Dickinson School Of Law

Class Photos

No abstract provided.

Expert Testimony On Fingerprints: An Internet Exchange, Richard D. Friedman, David H. Kaye, Jennifer Mnookin, Dale Nance, Michael Saks

Articles

In United States v. Llera Plaza, 188 F. Supp. 2d 549 (E.D. Pa. 2002), a federal district initially limited expert opinion testimony on fingerprint identifications because the government was unable to show that such identifications were sufficiently valid and reliable under Federal Rule of Evidence 702. Then, the court withdrew the opinion. This article reproduces an exchange of notes on the initial opinion submitted by five law professors.

(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah

Articles

What is the relationship between the international tax regime, as embodied in bilateral international tax treaties, and multilateral free trade agreements like the General Agreement on Tariffs and Trade (GATr)?' Are their fundamental goals consistent or inconsistent? If they are inconsistent, should the tax treaties or the GATT be changed to remedy the inconsistency? If they are consistent, should the scope of either be expanded to include the other?

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames

Articles

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today... the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that."4 Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been con-doned …