Digital Commons Network^™

Mome In Hindsight, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Two decades ago, the Virginia Law Review published our article “The Mechanisms of Market Efficiency” (MOME), in which we tried to discern the institutional underpinnings of financial market efficiency. We concluded that the level of market efficiency with respect to a particular fact depends on which of several market mechanisms — universally informed trading, professionally informed trading, derivatively informed trading, and uninformed trading (each of which we explain below) — operates to reflect that fact in market price. Which mechanism is operative, in turn, depends on how widely the fact is distributed among traders, which, I turn, depends on the …

Slavery And Tort Law, Keith N. Hylton

Faculty Scholarship

This paper evaluates the claim for slavery reparations from a torts perspective. I start with an examination of the injuries inflicted on slaves, and the extent to which tort law provides a vehicle for redressing these injuries. I then take up the question of derivative claims, claims brought by someone other than the direct victim, a category which covers the reparations complaint. Lastly, I discuss the accounting demand by the reparations plaintiffs. The derivative status of reparations claims presents special obstacles for plaintiffs. However, applying today's law to slavery should be viewed as bringing law to a regime from which …

Be Not Afraid Of Change: Time To Eliminate The Corporate Practice Of Medicine Doctrine, Nicole Huberfeld

Faculty Scholarship

This article argues that the corporate practice of medicine doctrine is a physician-centric, guild type doctrine that is misplaced in the present incarnation of the American healthcare system and that does nothing to improve quality, efficiency, or accountability. The paper focuses on three key reasons that the corporate practice of medicine doctrine should be laid to rest. First, the motives for creating the corporate practice of medicine doctrine are long gone, as physicians have not been able to operate as a guild of autonomous providers of healthcare for quite some time. Second, it is disingenuous to pretend that physicians are …

American Bioethics And Human Rights: The End Of All Our Exploring, George J. Annas

Faculty Scholarship

In his compelling novel Blindness, José Saramago tells us about victims stricken by a contagious form of blindness who were quarantined and came to see themselves as pigs, dogs, and “lame crabs.” Of course, they were all human beings - although unable to perceive themselves, or others, as members of the human community. The disciplines of bioethics, health law, and human rights are likewise all members of the broad human rights community, although at times none of them may be able to see the homologies, even when responding to a specific health challenge.

The boundaries between bioethics, health law, and …

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as “demonstrative evidence,” evidence that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live …

The Land Systems Of Colonial America: European And Native American Land Tenure Issues In The Colonial Eras Of The Americas., Shane Freeman

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis is a comparative analysis of the transference of land tenure and land claims in the colonial age of the Americas. The time frame for this work begins in 1521 with Cortes’ entrada in Mexico and ends with the formation of the United States Indian Policy concerning land. The critical analysis is concerned with the ability of Native Americans to maintain there sovereignty over land and the methods that Europeans used to effect colonization. As well as the legal and political rights that were given or retained by Native American societies. The history of the colonial Americas, here, includes …

Parks As Gyms? Recreational Paradigms And Public Health In The National Parks, Jay D. Wexler

Faculty Scholarship

When scholars and policymakers think about the relationship between public health and environmental law and policy, they likely think first about controlling pollution and other toxic substances. As other articles have amply demonstrated, water pollution, air pollution, and other environmental toxins can have significant deleterious effects on the public's health. Scholars rightly pay serious attention to these relationships, and policymakers wisely devise methods and strategies to ameliorate the public health risks posed by these polluting substances.

Although pollution control might be the most obvious and important intersection between environmental policy and public health, legal and policy decisions regarding the management …

Legal And Ethical Duties Of Lawyers After Sarbanes-Oxley, Roger C. Cramton, George M. Cohen, Susan P. Koniak

Faculty Scholarship

This Article examines the legal and ethical duties of lawyers after Sarbanes-Oxley, focusing on the application, interpretation and ambiguities of the SEC rule implementing Section 307. Although our primary frame of reference will be on the SEC's new rules as an aspect of lawyer regulation, those rules are part of federal securities laws and should be considered in that aspect, i.e., whether they advance the purposes of the federal securities laws. The rules affecting lawyers should not be assessed in a vacuum as a mere turf war between federal regulators on the one hand and the organized bar and its …

Spectral Analysis And Regularity Quantification Of Skeletal Muscle Signals As A Non-Invasive Assessment Of Muscle Activity., Israel Restus Hall

Graduate Theses, Dissertations, and Problem Reports (ETD)

The research presented here was carried out at the National Institute for Occupational Safety and Health (NIOSH), a division of the Centers for Disease Control and Prevention (CDC) in Morgantown, West Virginia. At NIOSH, there is a strong need for modes of analyzing a wealth of biomedical data. In this particular case, that data was comprised of numerous muscleinduced force-time series, derived from two groups of experimental subjects. One group was comprised of rats exposed to vibration similar to that experienced by human workers who work with certain hand-tools or equipment. The other group was a control group, not exposed …

Madisonian Equal Protection, James S. Liebman, Brandon L. Garrett

Faculty Scholarship

James Madison is considered the "Father of the Constitution," but his progeny disappointed him. It had no effective defense against self-government's "mortal disease" – the oppression of minorities by local majorities. This Article explores Madison's writings in an effort to reclaim the deep conception of equal protection at the core of his constitutional aspirations. At the Convention, Madison passionately advocated a radical structural approach to equal protection under which the "extended republic's" broadly focused legislature would have monitored local laws and vetoed those that were parochial and "unjust." Rejecting this proposal to structure equal protection into the "interior" operation of …

The Domesticated Liberty Of Lawrence V. Texas, Katherine M. Franke

Faculty Scholarship

In this Commentary, Professor Franke offers an account of the Supreme Court's decision in Lawrence v. Texas. She concludes that in overruling the earlier Bowers v. Hardwick decision, Justice Kennedy does not rely upon a robust form of freedom made available by the Court's earlier reproductive rights cases, but instead announces a kind of privatized liberty right that affords gay and lesbian couples the right to intimacy in the bedroom. In this sense, the rights-holders in Lawrence are people in relationships and the liberty right those couples enjoy does not extend beyond the domain of the private. Franke expresses …

Behind The Process Remembering John Ely's Compassion, Clark Freshman

Faculty Scholarship

No abstract provided.

Section 2254(D) Of The Federal Habeas Statute: Is It Beyond Reason?, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault

Faculty Scholarship

The vast majority of judicial offices in the United States are subject to election. The votes of the people select or retain at least some judges in thirty-nine states, and all judges are elected in twenty-one states. By one count, 87% of the state and local judges in the United States have to face the voters at some point if they want to win or remain in office. Judicial elections, however, differ from elections for legislative or executive offices in a number of significant ways. In nineteen states, most judges are initially appointed but must later go before the voters …

Thinking Beyond Health To Motivate Dietary Change: Piloting A Vegan Healthy Eating Program For Obesity Management, Mark Alan Berman

Yale Medicine Thesis Digital Library

This pilot study assessed the feasibility, acceptability and efficacy of a novel approach to facilitating dietary change and weight loss in obese adults by presenting vegan environmental, health and farm animal treatment information in a 6 week, group-based, educational nutrition program (called a vegan healthy eating program). Twenty-nine (29) medically stable, obese adults were recruited from 3 ambulatory care clinics at UCSF and enrolled using partial randomization into one of two serially occurring intervention groups (Group 1 n=14, followed by Group 2 n=15). A delayed intervention control group (n=9) was used, consisting of participants enrolled in Group 2 who were …

Radiological, Physiological And Psychosocial Variables Before And After Uterine Artery Embolization For Fibroids, Elizabeth Kagan Arleo

Yale Medicine Thesis Digital Library

No abstract provided.

Academic Law Library Directors’ Law School Courses, Ann Puckett

Scholarly Works

Summarizes informal survey of law library directors concerning topics on which they have taught courses.

Comment, Post-War Iraq: Prosecuting Saddam Hussein, Elizabeth Chamblee Burch

Scholarly Works

On January 9, 2004, the United States officially declared Saddam Hussein a prisoner of war and indicated that it will turn him over to a special court established by the Iraqi Governing Council under the direction of the Coalition Provisional Authority. Yet, prosecution in this forum fails to ensure proof of guilt beyond a reasonable doubt as required by Article 14 of the International Covenant on Civil and Political Rights and does not prohibit the death penalty. Further, such prosecution requires the application of Iraqi criminal law and procedure where otherwise unarticulated in the statute creating it. This might allow …

Apprendi And Federalism, Peter B. Rutledge

Scholarly Works

Since the emergence of the Apprendi majority and its newly minted (and evolving) constitutional limits on criminal punishment, many commentators have begun to address its implications for the horizontal relations between the branches of government — between legislators and courts, between judges and juries, and between judges and prosecutors. Less widely addressed, though equally (if not more) important, has been the Apprendi doctrine’s implications for vertical relations, particularly federalism.

This essay seeks to begin to fill that lacuna in the literature. Part I explains how Apprendi undermines principles of federalism, a curious tension because several of Apprendi’s strongest defenders, particularly …

Ethnobotany Of The Northern Cheyenne: Medicinal Plants, Gabriel Ruben Bernier

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Mortality Of Pen-Raised White-Tailed Deer (Odocoileus Virginianus) Released On Three Areas In Louisiana, Barret Keith Fortier

LSU Master's Theses

I monitored 60 radio-collared and tagged pen-raised white-tailed deer (Odocoileus virginianus) to ascertain mortality rates on three areas in Louisiana from April 2001 - April 2002. Two of 60 were not used in the analysis because mortality occurred from complications with darting and an affixed radio-collar. Study deer were exposed to legal hunting mortality only if they emigrated from the three study areas. Twenty deer were released to the wild on the Louisiana State University Deer Study Area (LSUDSA) (4,810 ha), where 9 of 20 (45%) suffered mortality. Harvest accounted for 56%, vehicles 22%, and other 22% of the mortality …

Experimentalist Equal Protection, Brandon L. Garrett, James S. Liebman

Faculty Scholarship

Elsewhere Garrett and Liebman have recounted that though James Madison is considered "the Father of the Constitution," his progeny disappointed him because it was defenseless against self-government's "mortal disease "-the oppression of minorities by local majorities-because the Framers rejected the radical structural approach to equal protection that Madison proposed. Nor did the framers of the Fourteenth Amendment's Equal Protection Clause and federal courts enforcing it adopt a solution Madison would have considered "effectual." This Article explores recent subconstitutional innovations in governance and public administration that may finally bring the nation within reach of the constitutional polity Madison envisioned To explain …

Madisonian Equal Protection, James S. Liebman, Brandon L. Garrett

Faculty Scholarship

James Madison is considered the "Father of the Constitution," but his progeny disappointed him. It had no effective defense against self-government's "mortal disease "--the oppression of minorities by local majorities. This Article explores Madison's writings in an effort to reclaim the deep conception of equal protection at the core of his constitutional aspirations. At the Convention, Madison passionately advocated a radical structural approach to equal protection under which the "extended republic's" broadly focused legislature would have monitored local laws and vetoed those that were parochial and "unjust." Rejecting this proposal to structure equal protection into the "interior" operation of government, …

Abiotic And Biotic Factors Affecting The Distribution Of Solenopsis Invicta Buren, Brachymyrmex Sp., And Linepithema Humile (Mayr) In East Baton Rouge Parish, Louisiana, Jessica Lynn Rosson

LSU Master's Theses

Ant populations and their distribution are affected by many circumstances. Abiotic factors such as weather, water availability, and soil characteristics may determine if a habitat is suitable for ants. Other factors such as level of disturbance, available food resources, reproductive biology, and natural enemies also contribute to defining ant distribution. Three ant species in East Baton Rouge parish, Louisiana were studied to determine what factors affected their distribution by measuring abiotic and biotic factors at sampling sites throughout the parish. These factors included weather, water availability, vegetation types, level of disturbance, and soil characteristics. Factors which predict abundance of Solenopsis …

The Portrayals Of Minority Characters In Entertaining Animated Children's Programs, Siobhan Elizabeth Smith

LSU Master's Theses

The purpose of this study is to note, categorize, and discuss the stereotypes of African Americans in animated children’s cartoons. The purpose is also to compare them to see how they changed. A content analysis of two cartoons finds that characters do act in stereotypical ways. A quantitative analysis of 76 cartoons supports these findings. Overall, The Proud Family, a cartoon of the 21st century, is more stereotypical than Fat Albert and the Cosby Kids, a cartoon from 30 years ago. Though primary characters display the same amount of stereotypical behavior, secondary characters show an increase in the amount of …

Nursery-Area Function Of Maerl Grounds For Juvenile Queen Scallops Aequipecten Opercularis And Other Invertebrates, Na Kamenos, Pg Moore, Jm Hall-Spencer

School of Biological and Marine Sciences

The services provided by coastal ecosystems such as mangrove forests and sea-grass beds are becoming increasingly recognised, yet the functional role of maerl beds has not been addressed. Maerl forms highly biodiverse habitats composed of loose-lying coralline red algae which build up over thousands of years. These carbonate-rich deposits occur in photic areas with strong water movement; they have a widespread global distribution yet remain one of the most overlooked shallow-water marine habitats, with little known about the ecosystem services maerl may provide. Our diving research in Scotland has shown that pristine live maerl (PLM) grounds fulfil nursery area prerequisites …

Regulation Of Angiogenesis And Vascular Remodeling By Angiogenic Factors, Taren Michelle Grass

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Diné Bi Beenahaz'Áanii: Codifying Indigenous Consuetudinary Law In The 21st Century, Kenneth Bobroff

Tribal Law Journal

The fundamental laws of the Diné, "the People" in the Navajo language, were placed by the Holy People long before Spaniards arrived in the New World. Since Coronado first traveled to Navajo Country almost five centuries ago, Diné have resisted European assaults on Navajo Law. On November 1, 2002, the Navajo Nation Council acknowledged the survival of the fundamental laws of the Diné, recognizing four specific constituent elements — traditional law, customary law, natural law, and common law – and explaining the principles of each.

Cultural Eclipse: The Effect On The Aboriginal Peoples In Manitoba, Kwesi Baffoe

Tribal Law Journal

Cultural eclipse is a phrase that I coined to describe the inter-relationship between the Aboriginal and European cultures as seen by an observer in space. It depicts the scene of two cultures initially rotating separately in time through the Universe. The European culture slowly drifts towards the Aboriginal culture and partially covers it without consuming it. This paper explores one of the ways indigenous culture is damaged during this "union".

Profile Of The Sayisi Dene Nation Of Tadoule Lake In Northern Manitoba, Kwesi Baffoe

Tribal Law Journal

The cultural groups among the Aboriginal peoples of Northern Canada correspond to climatic latitudinal divides. Above the tree line, where the boreal forest meets the tundra, are the Inuit whose territory stretches far into the arctic. South of the tree line are the Dene, and below them are the Cree nations of the prairies. The goal of this paper is to concentrate on the nature of the particular culture of the Dene People.