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2005

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Canonical Construction And Statutory Revisionism: The Strange Case Of The Appropriations Canon, Mathew D. Mccubbins, Daniel B. Rodriguez Jan 2005

Canonical Construction And Statutory Revisionism: The Strange Case Of The Appropriations Canon, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

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Lost In Translation: Social Choice Theory Is Misapplied Against Legislative Intent, Arthur Lupia, Mathew D. Mccubbins Jan 2005

Lost In Translation: Social Choice Theory Is Misapplied Against Legislative Intent, Arthur Lupia, Mathew D. Mccubbins

Faculty Scholarship

Several prominent scholars use results from social choice theory to conclude that legislative intent is meaningless. We disagree. We support our argument by showing that the conclusions in question are based on misapplications of the theory. Some of the conclusions in question are based on Arrow's famous General Possibility Theorem. We identify a substantial chasm between what Arrow proves and what others claim in his name. Other conclusions come from a failure to realize that applying social choice theory to questions of legislative intent entails accepting assumptions such as "legislators are omniscient" and "legislators have infinite resources for changing law …

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Social Choice, Crypto-Initiaives, And Policymaking By Direct Democracy, Thad Kousser, Mathew D. Mccubbins Jan 2005

Social Choice, Crypto-Initiaives, And Policymaking By Direct Democracy, Thad Kousser, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

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Polygamy, Prostitution, And The Federalization Of Immigration Law, Kerry Abrams Jan 2005

Polygamy, Prostitution, And The Federalization Of Immigration Law, Kerry Abrams

Faculty Scholarship

When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This Article argues that the Page Law was not a minor statute targeting a narrow class of criminals, but rather an attempt to prevent Chinese women in general from immigrating to the United States. Most Chinese women migrating to the United States in the early 1870s were …

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Innocence, Harmless Error, And Federal Wrongful Conviction Law, Brandon L. Garrett Jan 2005

Innocence, Harmless Error, And Federal Wrongful Conviction Law, Brandon L. Garrett

Faculty Scholarship

This Article examines the body of law emerging in cases brought by former criminal defendants once exonerated, often through DNA testing, which may fundamentally reshape our criminal justice system. Federal wrongful conviction actions share a novel construction - they rely on criminal procedure rights incorporated as an element in a civil rights lawsuit. During a criminal trial, remedies for violations of procedural rights are often seen as truth defeating, because they exclude evidence possibly probative of guilt. In a civil wrongful conviction action, that remedial paradigm is reversed. The exonerated defendant instead seeks to remedy government misconduct that was truth …

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Using Intellectual Property Rights To Preserve The Global Genetic Commons: The International Treaty On Plant Genetic Resources For Food & Agriculture, Laurence R. Helfer Jan 2005

Using Intellectual Property Rights To Preserve The Global Genetic Commons: The International Treaty On Plant Genetic Resources For Food & Agriculture, Laurence R. Helfer

Faculty Scholarship

Over the last twenty years, national governments, patent owners, farmers, plant breeders, researchers, and a diverse array of non-governmental organizations (NGOs) have engaged in a vigorous debate over how to conserve and utilize the world's plant genetic diversity. On one side of this debate are advocates of a pure global commons regime, which would allow researchers, breeders, and farmers free and unfettered access to all plant genetic resources (PGRs), including those held in international seed banks, in national collections, and in situ on public lands. On the other side are advocates of a private property approach, which seeks to encourage …

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What Is New In The New Statutory Interpretation? Introduction To The Journal Of Contemporary Legal Issues Symposium, Mathew D. Mccubbins, Daniel B. Rodriguez Jan 2005

What Is New In The New Statutory Interpretation? Introduction To The Journal Of Contemporary Legal Issues Symposium, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

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Mr. Justice Posner? Unpacking The Statistics, Stephen J. Choi, Mitu Gulati Jan 2005

Mr. Justice Posner? Unpacking The Statistics, Stephen J. Choi, Mitu Gulati

Faculty Scholarship

No abstract provided.

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Terrorism: The Politics Of Prosecution, Madeline Morris Jan 2005

Terrorism: The Politics Of Prosecution, Madeline Morris

Faculty Scholarship

No abstract provided.

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Sustainable Energy: A Preliminary Framework, Lakshman Guruswamy Jan 2005

Sustainable Energy: A Preliminary Framework, Lakshman Guruswamy

Publications

No abstract provided.

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The Corporation As Insider Trader, Mark J. Loewenstein, William K.S. Wang Jan 2005

The Corporation As Insider Trader, Mark J. Loewenstein, William K.S. Wang

Publications

With regard to issuer purchases, some of the traditional policy rationales against insider trading do not apply or apply with less force. Nevertheless, courts, commentators, and the SEC have all stated or assumed that a public corporation violates rule 10b-5 by buying its own shares in the market based on material, nonpublic information. In rule 10b-5 cases involving face-to-face transactions, several circuit courts have ruled that the company may not purchase its own stock based on material information not known to the seller. No good reason exists not to apply these precedents to stock market trades by issuers, especially because …

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The Supreme Court, Rule 10b-5, And The Federalization Of Corporate Law, Mark J. Loewenstein Jan 2005

The Supreme Court, Rule 10b-5, And The Federalization Of Corporate Law, Mark J. Loewenstein

Publications

This Article examines Supreme Court jurisprudence since 1997 under the federal securities laws in light of the Court's earlier securities law decisions and in light of its recent decisions construing the Constitution and federal statutes as they relate to the regulation of business. These post-1977 cases strongly suggest that the much-heralded new federalism philosophy of the Supreme Court is not a factor in securities law cases or in business cases generally. Indeed, the opposite seems to be the case. In this context, new federalism cases appear to be an anomaly, with the reality being that the Court is still as …

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A Brief Survey Of Deconstruction, Pierre Schlag Jan 2005

A Brief Survey Of Deconstruction, Pierre Schlag

Publications

No abstract provided.

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Capitalism, Social Marginality, And The Rule Of Law's Uncertain Fate In Modern Society, Ahmed A. White Jan 2005

Capitalism, Social Marginality, And The Rule Of Law's Uncertain Fate In Modern Society, Ahmed A. White

Publications

The rule of law is liberalism's key juridical aspiration. Yet its norms, centered on the principles of legality and legal generality, are being compromised all over the political and legal landscape. For decades, the dominant explanation of this worrying condition has focused mainly on the rise of the welfare state and its apparent incompatibility with the rule of law. But this approach, though shared by a politically diverse range of scholars, is outdated and misconceives the problem. A central function of the modem state has always been to prevent capitalism's inherent tendencies toward social marginalization from devolving into general social …

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Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter Jan 2005

Considering Individual Religious Freedoms Under Tribal Constitutional Law, Kristen A. Carpenter

Publications

As American Indian nations revitalize their legal systems, there is renewed interest in "tribal law," that is, the law of each of the Indian nations. Today, there is a particular focus on the subject of "individual rights" under tribal law. In tribal contexts, people are highly interested in the legal institutions and rules that govern their lives, especially as many tribal communities are experiencing a period of great political, social, and economic change. At the national level, the Supreme Court repeatedly expresses concern about whether individuals, especially non-Indians, will be treated fairly in tribal court. For scholars, individual rights under …

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Energy, Environment & Sustainable Development, Lakshman D. Guruswamy Jan 2005

Energy, Environment & Sustainable Development, Lakshman D. Guruswamy

Publications

No abstract provided.

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International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran Jan 2005

International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

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Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang Jan 2005

Moody Investing And The Supreme Court: Rethinking The Materiality Of Information And The Reasonableness Of Investors, Peter H. Huang

Publications

This Article critically analyzes the judicial decisions and reasoning of the United States Supreme Court and lower courts accepting certain defenses in securities fraud litigation. This Article develops how and why the core notions of materiality of information and the reasonable investor should be revised in light of recent empirical data, experimental evidence, and theoretical models of moody investing. This Article proposes modifying three recent developments in materiality doctrine to take into account moody investing. In particular, this Article argues that current judicial treatment of puffery is flawed because it neglects the power of puffery to alter moods. This Article …

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A Response To Professor Bix, Robert F. Nagel Jan 2005

A Response To Professor Bix, Robert F. Nagel

Publications

No abstract provided.

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Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss Jan 2005

Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss

Publications

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as "essential to free enterprise" and "central to the free market," but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of …

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Book Review, S. James Anaya Jan 2005

Book Review, S. James Anaya

Publications

No abstract provided.

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Fighting To Keep Employment Discrimination Class Actions Alive: How Allison V. Citgo's Predomination Requirement Threatens To Undermine Title Vii Enforcement, Suzette M. Malveaux Jan 2005

Fighting To Keep Employment Discrimination Class Actions Alive: How Allison V. Citgo's Predomination Requirement Threatens To Undermine Title Vii Enforcement, Suzette M. Malveaux

Publications

The Civil Rights Act of 1991, which provides compensatory and punitive damages and attendant jury trials in cases alleging intentional discrimination, was designed to enhance enforcement and expand remedies. Its enactment, however, has triggered a schism among the circuit courts over what the proper standard is for determining whether monetary damages or injunctive relief predominates, a necessary inquiry for determining whether plaintiffs are entitled to class certification for Title VII claims under Rule 23(b)(2) of the Federal Rules of Civil Procedure. Led by the Fifth Circuit, some federal appeals courts contend that monetary relief predominates unless it is “incidental,” and …

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Catalog Denison University 2005-2006 Jan 2005

Catalog Denison University 2005-2006

Denison University Catalogs

Denison University Course Catalog 2005-2006

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Remarks Of Sec Commissioner Roel C. Campos, Roel C. Campos Jan 2005

Remarks Of Sec Commissioner Roel C. Campos, Roel C. Campos

Case Western Reserve Law Review

No abstract provided.

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Reach Out And Tax Someone: I.R.C. Section 4252(B)(1) And The Disappearance Of Taxable Long-Distance Service, Kurt A. Leeper Jan 2005

Reach Out And Tax Someone: I.R.C. Section 4252(B)(1) And The Disappearance Of Taxable Long-Distance Service, Kurt A. Leeper

Case Western Reserve Law Review

No abstract provided.

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Host Blood Proteins And Peptides In The Midgut Of The Tick Dermacentor Variabilis Contribute To Bacterial Control, Daniel E. Sonenshine, Wayne L. Hynes, Shane M. Ceraul, Robert Mitchell, Tiffany Benzine Jan 2005

Host Blood Proteins And Peptides In The Midgut Of The Tick Dermacentor Variabilis Contribute To Bacterial Control, Daniel E. Sonenshine, Wayne L. Hynes, Shane M. Ceraul, Robert Mitchell, Tiffany Benzine

Biological Sciences Faculty Publications

Antimicrobial midgut proteins and peptides that result from blood digestion in feeding American dog ticks Dermacentor variabilis (Say) were identified. Midgut extracts from these ticks showed antimicrobial activity against Micrococcus luteus, regardless of whether they were challenged with peptidoglycan, blood meal components, rabbit blood, Bacillus subtilis, Escherischia coli or Borrelia burgdorferi. However, no peptide band co-migrating with defensin was found in midgut extracts from the challenged ticks. Partial purification of the midgut extracts using C18 Sep Paks and gel electrophoresis showed the presence of 4 distinct bands with rMW 4.1, 5.3, 5.7 and 8.0 kDa identified …

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Isolation, X-Ray Structures, And Electronic Spectra Of Reactive Intermediates In Friedel−Crafts Acylations, M. G. Davlieva, Sergey V. Lindeman, I. S. Neretin, Jay K. Kochi Jan 2005

Isolation, X-Ray Structures, And Electronic Spectra Of Reactive Intermediates In Friedel−Crafts Acylations, M. G. Davlieva, Sergey V. Lindeman, I. S. Neretin, Jay K. Kochi

Chemistry Faculty Research and Publications

Reactive intermediates in the Friedel−Crafts acylation of aromatic donors are scrutinized upon their successful isolation and X-ray crystallography at very low temperatures. Detailed analyses of the X-ray parameters for the [1:1] complexes of different aliphatic and aromatic-acid chlorides with the Lewis acids antimony pentafluoride and pentachloride, gallium trichloride, titanium and zirconium tetrachlorides provide unexpected insight into the activation mechanism for the formation of the critical acylium carbocations. Likewise, the X-ray-structure examinations of aliphatic and aromatic acylium electrophiles also isolated as crystalline salts point to the origins of their electrophilic reactivity. Although the Wheland intermediates (as acylium adducts to arene donors) …

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Mechanical Properties Of The Integument Of The Common Gartersnake, Thamnophis Sirtalis (Serpentes: Colubridae), Gabriel Rivera, Alan H. Savitzky, Jeffrey A. Hinkley Jan 2005

Mechanical Properties Of The Integument Of The Common Gartersnake, Thamnophis Sirtalis (Serpentes: Colubridae), Gabriel Rivera, Alan H. Savitzky, Jeffrey A. Hinkley

Biological Sciences Faculty Publications

The evolution of the ophidian feeding mechanism has involved substantial morphological restructuring associated with the ability to ingest relatively large prey. Previous studies examining the morphological consequences of macrophagy have concentrated on modifications of the skull and cephalic musculature. Although it is evident that macrophagy requires highly compliant skin, the mechanical properties of the ophidian integument have received limited attention, particularly in the context of feeding. We examined mechanical properties of skin along the body axis in Thamnophis sirtalis (Colubridae). Data were collected from tensile tests and were analyzed using a multivariate analysis of variance (MANOVA) and post-hoc multiple comparison …

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Web Service Infrastructure For Supply Chain, Pradip R. Chandratre Jan 2005

Web Service Infrastructure For Supply Chain, Pradip R. Chandratre

Theses

Managing a supply chain is one of the most complicated tasks today when erratic changes in demand must be met as soon as possible for staying competitive, while dealing with multitude of business partners that are involved in the chain. It is imperative that any changes in a corporation's product/service demand be immediately communicated with its suppliers and logistic service providers. This task of communication has long been overtaken by computerized systems from the telephones and fax machines. The computer technologies being used so far to connect two businesses are proving to be too rigid in today's world of mergers, …

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Development Of Control Algorithm And A Simulation Tool For Self-Assembly Of Microsystems Based On Swarm Technology, Siddharth Mestry Jan 2005

Development Of Control Algorithm And A Simulation Tool For Self-Assembly Of Microsystems Based On Swarm Technology, Siddharth Mestry

Theses

"Chunxel" Technology is a novel concept of constructing 3-dimensional structures using a group of intelligent, autonomous, and cooperating micro robots. Chunxels are small robotic modules, cubical in shape, which are immersed in a tank containing a viscous fluid. The chunxels are propelled by the electromagnetic forces created by passing direct current through a set of large coils placed on each face of the tank and small coils embedded in the micro device. The chunxels follow a set of rules which mimic a swarm behavior and selfassemble in the liquid to form a 3-D structure. Swarm behavior is a dynamic problem …

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