Digital Commons Network^™

Comments On Warren Grimes: Transparency In Federal Antitrust Enforcement, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

In this review, I will concentrate on the policies and experiences of the Federal Trade Commission - an agency with which I am more familiar than the Department of Justice. Professor Grimes appreciates that FTC disclosure policies provide more information than the Antitrust Division of the DOJ. I will leave it to others to explain why Department of Justice policies, particularly in the area of criminal enforcement, deserve to be different.

Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

This article presents a piece of a larger, ongoing project on the phenomenon of market-driven manufacturing (MDM) and how tort law should address it. In contrast to the larger project, this article provides a relatively brief overview of the general phenomenon of MDM, but zeros in on how pharmaceutical manufacturers specifically practice MDM. MDM is a well-documented, much practiced activity, although American courts do not recognize MDM as a discrete category of conduct. The basic idea of MDM is that marketing considerations should continuously control every aspect and stage of a product's lifecycle. When a company engages in MDM, it …

Implied Science, Kelly E. Hart

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Things That Co-Exist, Megan L. Bogonovich

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Judging The Next Emergency: Judicial Review And Individual Rights In Times Of Crisis, David Cole

Georgetown Law Faculty Publications and Other Works

How should we judge judicial review from the standpoint of protecting the constitutional rights and liberties of the vulnerable in times of crisis? It is in times of crisis that constitutional rights and liberties are most needed, because the temptation to sacrifice them in the name of national security will be at its most acute. To government officials, civil rights and liberties often appear to be mere obstacles to effective protection of the national interest. As Bush-administration supporters frequently intone when defending their post-September 11th initiatives, “the Constitution is not a suicide pact.” Judicial protection is also critical because crisis …

Mirabile Dictu: The Bryn Mawr College Library Newsletter 7 (2003), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …

Defending Korematsu?: Reflections On Civil Liberties In Wartime, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

According to Justice William J. Brennan, "After each perceived security crisis ended, the United States has remorsefully realized that the abrogation of civil liberties was unnecessary. But it has proven unable to prevent itself from repeating the error when the next crisis came along." This Article examines that observation, using Korematsu as a vehicle for refining the claim and, I think, reducing it to a more defensible one. Part I opens my discussion, providing some qualifications to the broad claim about threats to civil liberties in wartime. Part II then deals with Korematsu and other historical examples of civil liberties …

Influence Of Adjunct Use Andcheese Microenvironment On Nonstarter Lactic Acid Bacteria Populations In Cheddar-Type Cheese, Jeff Broadbent, K. Houck, M. E. Johnson, C. J. Oberg

Nutrition, Dietetics, and Food Sciences Faculty Publications

This study investigated population dynamics of starter, adjunct, and nonstarter lactic acid bacteria (NSLAB) in reduced-fat Cheddar and Colby cheese made with or without a Lactobacillus casei adjunct. Duplicate vats of cheese were manufactured and ripened at 7°C. Bacterial populations were monitored periodically by plate counts and by DNA fingerprinting of cheese isolates with the random amplified polymorphic DNA technique. Isolates that displayed a unique DNA fingerprint were identified to the species level by partial nucleotide sequence analysis of the 16S rRNA gene. Nonstarter biota in both cheese types changed over time, but populations in the Colby cheese showed a …

Preliminary Explorations Of An Occult Trickster Aesthetic , Alan Clinton

Trickster's Way

No abstract provided.

A Time For Change : Improving Salt Lake City, 1890-1925, J. Michael Hunter

Faculty Publications

Although visitors to Salt Lake City during its earliest years described the valley as a place of order and beauty, by the 1880s the city had become dirty, polluted, and unsanitary. This article details the efforts at improvement beginning in the 1880s, including the installation of water and sewer systems, public transportation, electricity, paved streets, and the beautification of parks and playgrounds.

Micropropagation Of Carnivorous Plants, Kenneth Stephen Uhnak

Open Access Dissertations

A simple, efficient system for seed surface disinfestation and in vitro germination was developed for the carnivorous pitcher plants Darlingtonia californica and Sarracenia leucophylla. Of the disinfectants tested, hydrogen peroxide or 10% Clorox® were most effective for disinfesting seeds of D. californica, while concentrated sulfuric acid worked best for S. leucophylla. Differences in the effectiveness of sterilants were associated by differences in seed coat morphology. Seeds of D. californica imbibed at 4-7°C in sterile deionized water with surfactant and gibberellin germinated earlier than seeds without exposure to gibberellin. Unimbibed seeds of S. leucophylla germinated …

Litigation Narratives: Why Jensen V. Ellerth Didn't Change Sexual Harassment Law, But Still Has A Story Worth Telling, Melissa Hart

Publications

No abstract provided.

Victim Wrongs: The Case For A General Criminal Defense Based On Wrongful Victim Behavior In An Era Of Victims' Rights, Aya Gruber

Publications

Criminal law scholarship is rife with analysis of the victims' rights movement. Many articles identify with the outrage of victims harmed by deviant criminal elements. Other scholarly pieces criticize the movement's denuding of defendants' constitutional trial rights. The point upon which proponents and opponents of the movement tend to agree, however, is that the victim should never be blamed for the crime. The helpless, harmed, innocent victim is someone with whom we can all identify and someone to whom we can all express sympathy. Victim blaming, by all accounts, is an act of legal heresy to feminists, victim advocates, and …

Transactional Mediation: Using Mediators In Deals, Scott Peppet

Publications

This article addresses whether third-party mediators could be helpful in deal-making, just as they are in resolving disputes. It makes a theoretical case for such use of mediators and presents preliminary evidence that transactional mediation already is taking place.

Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey

Publications

This article discusses prosecutors' discretion to press criminal charges against individuals who cause death during recreational activities. Based on newspaper sources, published opinions, and unpublished materials from cases that resulted in plea bargains, Homicide on Holiday continues the author's exploration of the relationship between the American public, criminal prosecutors, and the nature of the prosecutors' public role. It shows that, despite popular culture's glorification of risk and a nationwide trend in tort law toward sheltering sports co-participants from civil negligence liability, an exhilarating trip down a ski slope is increasingly likely to land a skier in jail if he collides …

Modularity, Vertical Integration, And Open Access Policies: Towards A Convergence Of Antitrust And Regulation In The Internet Age, Joseph Farrell, Philip J. Weiser

Publications

Antitrust law and telecommunications regulation have long adopted different stances on whether to mandate open access to information platforms. This article aims to help regulators and commentators incorporate both Chicago School and post-Chicago School arguments in evaluating this basic policy choice, suggesting how they can be integrated in an effective manner. In particular, the authors outline three alternative models that the FCC could adopt to guide its regulation of information platforms and facilitate a true convergence between antitrust and regulatory policy.

Regulatory Challenges And Models Of Regulation, Philip J. Weiser

Publications

No abstract provided.

The Internet, Innovation, And Intellectual Property Policy, Philip J. Weiser

Publications

The Internet continues to transform the information industries and challenge intellectual property law to develop a competition policy strategy to regulate networked products. In particular, inventors of "information platforms" that support the viewing of content-be they instant messaging systems, media players, or Web browsers-face a muddled set of legal doctrines that govern the scope of available intellectual property protection. This uncertainty reflects a fundamental debate about what conditions will best facilitate innovation in the information industries--a debate most often played out at the conceptual extremes between the "commons" and "proprietary control" approaches to the Internet and intellectual property policy.

This …

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

Publications

No abstract provided.

Locked In Segregation, Daria Roithmayr

Publications

In earlier work, I have developed the lock-in model of inequality, which compares persistent racial inequality to persistent market monopoly power. In this article, I explore the implications of applying the lock-in model to the problem of residential segregation. Here, I put forward two central arguments. First, I argue that residential segregation constitutes an example of a locked-in racial monopoly. During the days of Jim Crow, white racial cartels (e.g., homeowners' associations and real estate boards) engaged in anti-competitive conduct to exclude blacks and monopolize access to good neighborhoods. That early neighborhood advantage has now become locked-in via certain self-reinforcing …

Facts, Rights, And Remedies, Wadie E. Said

Publications

Given the Palestinian refugees' precarious legal status in their host countries, recognition of the Palestinian right of return is not only legally viable, but also crucial for the establishment of a just and lasting peace in the Middle East. That racially driven demographic considerations have been employed up until now to derail binding and directly applicable laws and practices, as well as keep the refugees in a state of legal limbo in their host countries, cuts to the heart of the fundamental injustice currently plaguing the Middle East. No amount of obfuscating the facts and the law can tarnish the …

Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

Explaining Grutter V. Bollinger, Neal Devins

Faculty Publications

No abstract provided.

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.

Divine Transcendence And The "Languages Of Personal Resonance": The Work Of Charles Taylor As A Resource For Spirituality In An Era Of Post-Modernity, Philip J. Rossi

Theology Faculty Research and Publications

No abstract provided.

What Would You Do If…? Human Embryonic Stem Cell Research And The Defense Of The Innocent, M. Therese Lysaught

Theology Faculty Research and Publications

No abstract provided.

Echo, Winter/Spring 2003, Columbia College Chicago

Echo

Student-produced magazine formerly published as Chicago Arts and Communication, changed to Echo magazine in 1997. Cover Articles: Hip Service: Belly Dancing Spices Up the Local Restaurant Scene; The Rubdown on Bathhouses; Top 10 Campus Peeves; The Art of Nude Modeling; Japanese Tattoos Deciphered; Exposing Chicago's Sweatshops. 60 pages.

51, 36, 127, Hike: Justifying A Law Library Renovation And Expansion Project (Part Ii), James S. Heller

Library Staff Publications

No abstract provided.

Teachers' Perceptions Of Attention Deficit Hyperactivity Disorder: Incidence And Management, Julie M. Olson

Masters Theses

ADHD continues to be a common diagnosis of school children, and according to the DSM-IV, it affects approximately 3-5% of the population. Teachers are often the primary source of information regarding ADHD diagnoses in school children. A previous study by Glass and Wegar (2000) found that teachers were over-identifying children with ADHD and that medication was preferred as the primary treatment for these students. This study further examines teacher perceptions on the causes, incidence, and appropriate treatment methods of ADHD. In addition, this study also examines the prevalence of ADHD as determined by the ADHD Rating Scale-IV (School Version) (DuPaul …