Digital Commons Network^™

Tribute To John Pickering, Ruth Bader Ginsburg

Michigan Law Review

John Pickering was a grand human whose life is just cause for celebration. He taught constantly, through his own work and deeds, how lawyers in private practice can contribute hugely to the public good. John's dear friend, my revered D.C. Circuit colleague, Carl McGowan, spoke of the lawyer of technical competence content to be a working mason. The best of lawyers, Judge McGowan said, serve as architects, planners, builders in law. Along with high technical competence, the best of lawyers have a deep understanding of the nature and purposes of the law, which makes them wise and reliable counselors, broad-gauged …

Tribute To John Pickering, Noël Anketell Kramer

Michigan Law Review

I knew John Pickering from the time that I was a second-year law student- just a few years ago, it seems-when he and Sally Katzen recruited me to join what was then the small firm of Wilmer, Cutler & Pickering. We remained friends thereafter, sharing among other interests an avid loyalty to the University of Michigan.

Uncertainty And Informed Choice: Unmasking Daubert, Margaret A. Berger, Aaron D. Twerski

Michigan Law Review

This Article will first examine why it is that plaintiffs have been unable to prove causation under the Daubert guidelines in toxic tort litigation. Second, it will look at the two existing models for informed choice litigation medical malpractice and products liability-and demonstrate why neither of these models gives toxic tort plaintiffs a fair opportunity to recover for the deprivation of patient autonomy against drug manufacturers who have breached their duty to warn of known or knowable risks. Finally, this Article will explore the elements of a causation-free informed choice cause of action. It will suggest the appropriate standard for …

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Justice Breyer's Democratic Pragmatism, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

There have been many efforts to reconcile judicial review with democratic self-government. Some such efforts attempt to justify judicial review if and to the extent that it promotes self-rule. Active Liberty, by Justice Stephen Breyer, is in this tradition; but it is also marked by a heavy pragmatic orientation, emphasizing as it does the need for close attention to purposes and to the importance of consequences to legal interpretation. Its distinctiveness lies in its effort to forge close connections among three seemingly disparate ideas: a democratic account of judicial review; a purposive understanding of legal texts; and a neo-pragmatic emphasis …

The Availability Heuristic, Intuitive Cost-Benefit Analysis, And Climate Change, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Because risks are on all sides of social situations, it is not possible to be "precautionary" in general. The availability heuristic ensures that some risks stand out as particularly salient, whatever their actual magnitude. Taken together with intuitive cost-benefit balancing, the availability heuristic helps to explain differences across groups, cultures, and even nations in the assessment of precautions to reduce the risks associated with climate change. There are complex links among availability, social processes for the spreading of information, and predispositions. If the United States is to take a stronger stand against climate change, it is likely to be a …

Total Liability For Excessive Harm, Robert D. Cooter, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

The harm that each individual causes others is unverifiable in some circumstances where the total harm caused by everyone is verifiable. For example, the environmental agency can often measure the total harm caused by pollution much easier than it can measure the harm caused by each individual polluter. In these circumstances, implementing the usual liability rules or externality taxes is impossible. We propose a novel solution: Hold each participant in the activity responsible for all of the excessive harm that everyone causes. By "excessive harm" we mean the difference between the total harm caused by all injurers and the optimal …

Attention Felons: Evaluating Project Safe Neighborhood In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan

Coase-Sandor Institute for Law & Economics Research Paper Series

This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …

Beyond Marbury: The Executive's Poer To Say What The Law Is, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Under Marbury v. Madison, it is "emphatically the province and duty of the judicial department to say what the law is." But as a matter of actual practice, statements about "what the law is" are often made by the executive department, not the judiciary. In the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron v. Natural Resources Defense Council, the most-cited case in modern public law. Chevron reflects a salutary appreciation of the fact that the executive is in the best position to make the judgments of policy and principle on which …

Detection Of Landmines By Dogs: Environmental And Behavioural Determinants, Ian Mclean, Rebecca Sargisson, Ian Mansfield

Global CWD Repository

The overall aim of the study was to explore the effects of environmental variables on mine detection by dogs. Operational mine detection dogs were used to search for mines in a test mine field, near Kabul, Afghanistan. The key variable used in the analysis was whether a mine was found or missed by the dog. Measured during the study were: o Weather patterns through the year of the study. Weather variables (temperature, wind, humidity) at the time the dog crossed the mine. Dog behaviour. Vegetation over the mine. A soil sample was taken from over the mine and from a …

Regional Cooperation In Mine Action: The Case Of South-Eastern Europe, Gichd

Global CWD Repository

Mine action has tended to develop on a national basis. However, the experience of South-Eastern Europe has shown that a broader, regional approach can bring greater effectiveness and efficiency to mine action projects and programmes.

The main achievements of this regional approach have been to lower costs for demining (especially through international competitive bidding) while seeking to promote a high quality of work, in particular through the quality management processes of the International Trust Fund for Demining and Mine Victims Assistance (ITF). The ITF also believes that its work has improved donor strategies for the region as well as priority …

2005 November 1, Faculty Senate Minutes, State University Of New York At Cortland

Minutes

FACULTY SENATE MINUTES NO. 4 November 1, 2005

Resident Research Projects In Obstetricsand Gynecology: 10-Year Review, R. Lertkhachonsuk, S. Shoochaicharoenkit, S. Manotaya, Y. Tannirandornm

Chulalongkorn Medical Journal

No abstract provided.

Adobe Medicus 2005 6 November-December, Health Sciences Library And Informatics Center

adobe medicus

No abstract provided.

Lter Network Office Survey, 2005, Long Term Ecological Research Network

Long Term Ecological Research Network

No abstract provided.

The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore

BYU Law Review

No abstract provided.

Fiftieth Annual Madrigal Dinners, November 2005, Illinois State University

Madrigal Dinner Programs

Bone Student Center Circus Room

Bloomington Country Club

Chicago Cultural Center

University Reporter - Volume 10, Number 03 - November 2005

1996-2009, University Reporter

This issue of the University Reporter includes articles about a UMass-sponsored debate on ethnic media issues related to the at-large Boston City Council race, Nursing faculty studies of motherhood, a talk by South African anti-apartheid leader Ahmed Kathrada, the establishment of the Urban Cultural History Center, and other news from UMass Boston.

Macro Promises Of Microcredit: A Case Of A Local Esusu In Rural Ghana, Carolette Norwood

Journal of International Women's Studies

Microcredit’s three big promises are one, to reduce poverty; two, to empower women; and three, to enhance family planning knowledge, attitudes and practices. Using a mixed-method approach, this study examines 204 women members and non-members of local eSusus in rural Ghana. Quantitative chi square analysis indicates no associations between membership in an eSusu and relative wealth; women’s autonomy family planning practices, knowledge or use and reproductive control. Meanwhile, the qualitative data shows that women members believe that eSusu are extremely useful for acquiring working capital to be reinvested in their small market ventures, and are helpful with school fee and …

Book Review: The Science Glass Ceiling: Academic Women Scientists And The Struggle To Succeed, G. Asha

Journal of International Women's Studies

Review of The Science Glass Ceiling: Academic Women Scientists and the Struggle to Succeed by Sue V. Rosser

Adventures In Librarianship -- A Difficult Birth, Ned Kraft

Against the Grain

No abstract provided.

Books Are Us, Anne K. Robichaux

Against the Grain

No abstract provided.

Atg Special Report -- A Pennsylvania Library Collaborative Celebrates Its Past And Plans For Its Future, Doug Cook, Steve Mckinzie

Against the Grain

No abstract provided.

Little Red Herrings -- A Pascal Primer, Mark Y. Herring

Against the Grain

No abstract provided.

The Bug Stops Here: Force Protection And Emerging Infectious Diseases, Donald F. Thompson, Joel L. Swerdlow, Cheryl Loeb

Defense and Technology Papers

The purpose of this paper is to review important lessons that have been learned in the past, and to revisit the older but proven principles of force protection that are in danger of being forgotten in today’s technology-focused military environment. It provides a series of case studies that analyze health threats to each regional combatant command and presents both tactical and strategic recommendations that will better prepare the entire DoD for future outbreaks.

Determining Which Delivery Styles Are Best Suited For Instructing In The Distance Learning Environment, James T. Schultz, Marian C. Schultz, Thomas G. Henkel

Publications

The purpose of this study was to ascertain if there is a specific style of teaching which is better suited for the distance learning (virtual) environment, as opposed to the traditional classroom environment. Numerous studies have shown that individuals have different delivery styles in the classroom. The study utilized instructor delivery styles and faculty perceptions of distance learning programs to develop an instrument which identifies the style that would be more successful in the distance learning environment. The study employed an author developed instrument, which included a derivative of the Kolb Learning Style Inventory (LSI) instrument, to determine the teaching …

Constabulary Forces And Postconflict Transition: The Euro-Atlantic Dimension, David T. Armitage Jr., Anne M. Moisan

Strategic Forums

Since the early 1990s, multinational stabilization efforts in the wake of conflicts or major natural disasters have repeatedly encountered problems in filling the so-called security gap. In places such as Bosnia, Kosovo, Haiti, Afghanistan, Iraq, and elsewhere, outside interveners have faced a compelling need to use specialized capabilities that can fill the gap between the point where military operations—whether for combat, peacekeeping, or counterinsurgency—leave off and community-based policing activities pick up. In particular, ensuring a capacity to manage and defuse civil disturbances and other threats to public order has become a sine qua non for overall mission success.¹

Why The United States Should Robustly Support Pan-African Organizations, Francis V. Crupi

The US Army War College Quarterly: Parameters

No abstract provided.

Panorama November 2005, Southern Adventist University

Panorama Parent Newsletter

This issue of the Panorama parent newsletter contains information for parents regarding the transitions of their children beginning college, campus ministries, resources available on campus, and introductions to some of the professors and faculty.

The Genre Of Traditional Literature Influences Student Writing, Timothy G. Weih

Reading Horizons: A Journal of Literacy and Language Arts

This article describes a research study exploring the question: What influence will reading and discussing traditional literature have upon students' narrative writing? The setting for the study was a fifth grade classroom that was part of a university laboratory school. Students listened to and discussed Native American folktales and then wrote their own, self-created narrative. Results indicated that students blended elements from the folktales with elements from their own cultures.