Digital Commons Network^™

How Community Institutions Create Economic Advantage: Jewish Diamond Merchants In New York, Barak D. Richman

Faculty Scholarship

This paper argues that Jewish merchants have historically dominated the diamond industry because of their ability to reliably implement diamond credit sales. Success in the industry requires enforcing executory agreements that are beyond the reach of public courts, and Jewish diamond merchants enforce such contracts with a reputation mechanism supported by a distinctive set of industry, family, and community institutions. An industry arbitration system publicizes promises that are not kept. Intergenerational legacies induce merchants to deal honestly through their very last transaction, so that their children may inherit valuable livelihoods. And ultra-Orthodox Jews, for whom participation in their communities is …

Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

Save The Cities, Stop The Suburbs?, Nicole Stelle Garnett

Journal Articles

The fact that the word "sprawl" is uttered by curling the upper lip into a snarl captures some of the emotion generated by the current debate over American land use policy. Two recent books - Robert Bruegmann's defense of sprawl and Joel Kotkin's ambitious but short history of great cities - provide an opportunity to consider sprawl's costs and benefits and also to examine the case for legal efforts to curtail sprawl in order to save our cities. These are important questions because, as Bruegmann observes, calls for "stopping" sprawl may proceed from serious misconceptions about its extent, causes, and …

"Modest Expectations"?: Civic Unity, Religious Pluralism, And Conscience, Richard W. Garnett

Journal Articles

DIVIDED BY GOD: AMERICA'S CHURCH-STATE PROBLEM-AND WHAT WE SHOULD DO ABOUT IT. By Noah Feldman. Farrar, Straus & Giroux. 2005. Pp. 306. $25.00.

THE RIGHT TO BE WRONG: ENDING THE CULTURE WAR OVER RELIGION IN AMERICA. By Kevin Seamus Hasson. Encounter Books. 2005. Pp. 176 + xii. $25.95.

America is divided, and religion is divisive. These two claims - usually asserted with both confidence and concern - are the drone notes sounding under so much of what is said and written today about law, politics, religion, and culture. This essay reviews two recent books dealing with religious freedom, …

Taking Accommodation Seriously: Religious Freedom And The O Centro Case, Richard W. Garnett, Joshua D. Dunlap

Journal Articles

The big stories from the Supreme Court's 2005-06 Term were about military commissions and enemy combatants, political redistricting and campaign contributions, and the nomination and confirmation - the first in more than a decade - of two new Justices. Largely overlooked in the crush of Court-related coverage was the Term's lone church-state decision, Gonzalez v. O Centro Espirita Beneficente Uniao do Vegetal, involving the ritualized, but illegal, use by a small religious community from Brazil of a hallucinogenic tea called hoasca. Strictly speaking, O Centro was not a Religion Clauses case at all. It involved the interpretation and …

Chief Justice Rehnquist's Enduring Democratic Constitution, Richard W. Garnett

Journal Articles

William H. Rehnquist's essay, The Notion of a Living Constitution, was delivered as the Will E. Orgain Lecture and then published thirty years ago, back when Rehnquist was still a relatively junior Associate Justice. The piece provides a clear and coherent statement of Rehnquist's judicial philosophy, and the Harvard Journal of Law and Public Policy and the Texas Law Review deserve thanks for their initiative and generosity in reproducing it, in memory of his life and work.

This introduction to Rehnquist's essay highlights his view that the Notion of a Living Constitution was to be resisted, not out of pious …

Paired-Pulse Depression At Photoreceptor Synapses., Katalin Rabl, Lucia Cadetti, Wallace B. Thoreson

Journal Articles: Ophthalmology

Synaptic depression produced by repetitive stimulation is likely to be particularly important in shaping responses of second-order retinal neurons at the tonically active photoreceptor synapse. We analyzed the time course and mechanisms of synaptic depression at rod and cone synapses using paired-pulse protocols involving two complementary measurements of exocytosis: (1) paired whole-cell recordings of the postsynaptic current (PSC) in second-order retinal neurons and (2) capacitance measurements of vesicular membrane fusion in rods and cones. PSCs in ON bipolar, OFF bipolar, and horizontal cells evoked by stimulation of either rods or cones recovered from paired-pulse depression (PPD) at rates similar to …

Tumor Necrosis Factor-Alpha Production Induced By Peptidoglycan-Polysaccharide In Early Pregnant Ewes, Gabrielle Marie Rogers

Graduate Theses, Dissertations, and Problem Reports (ETD)

Peptidoglycan-polysaccharide (PG-PS), cell wall component of gram-positive bacteria, was used to intoxicate sheep to study mastitis-related reproductive failure, mediated by TNF-alpha. Estrus was synchronized in ten adult Suffolk ewes. Four days after mating (Day 0) the jugular and posterior vena cava (saphenous vein) were catheterized. On Day 5, ewes were assigned randomly to either: control group (n = 4, 0.9% NaCl), or PG-PS group (n = 6, 30 mug/kg BW, i.v.). Plasma samples were collected from both jugular and saphenous vein catheters every 15 minutes for 6 hours. Radioimmunoassay quantified concentrations of TNF-alpha. Data were analyzed using repeated-measures analysis of …

Genetic Analysis Of Rainbow Trout (Oncorhynchus Mykiss): Strain Identification Via Microsatellites And Analysis Of Expressed Sequence Tags In Intestine, Liver, Kidney, And Ovary, Amanda B. Stewart

Graduate Theses, Dissertations, and Problem Reports (ETD)

Implementation of modern fishing techniques and hatchery technologies necessitates use of genetics in management of fishery stocks. Genetic analysis of rainbow trout, Oncorhynchus mykiss, will assist development of superior strains of a valuable aquacultured species. This study was to (1) develop polymorphic microsatellite markers to examine for variation among rainbow trout strains and develop an identification panel of microsatellites to distinguish individual strains, and (2) to identify novel genes and estimate relative gene expression profiles (expressed sequence tags from rainbow trout liver, intestine, kidney, and ovary non-normalized libraries). Thirty-seven microsatellites were identified by screening 576 clones from TAGA and ATG-repeat …

Mapping Orientalism: Representations And Pedagogies, Diane Hoeveler, Jeffrey Cass

English Faculty Research and Publications

In order to understand Orientalism it is necessary to realize, as Vincent T. Harlow has noted, that there were “two British empires.” The first empire consisted of the colonies in America and the West Indies and was established in the seventeenth century, with the explorations in the Pacific, and the trading networks that developed with Asia and Africa. The “second British empire” dates from 1783 and resulted from the loss of America, which in turn forced Britain to formulate new ideas about and approaches to its empire. The Colonial Office was set up in 1801, and, as Harlow observed, Britain …

The Female Captivity Narrative: Blood, Water, And Orientalism, Diane Hoeveler

English Faculty Research and Publications

The story of how Europeans institutionalized, commodified, and controlled their anxious projections about Muslim "Others" is a long, complex, and ultimately tragic saga that the term "Orientalism" only partially conveys. Historians as well as literary, religious, political, and cultural critics have attempted for close to four hundred years to come to terms with the meaning of Islam and more broadly with the challenges that the Eastern world presents to the West. More importantly for the purposes of this essay, it is necessary to recognize that the binary model (Self/Other) adopted by Edward Said to define Orientalism has been challenged and …

Public Perceptions Regarding The Utah Prairie Dog And It Management: Implications For Species Recovery., R. D. Elmore, Terry A. Messmer

Wildland Resources Faculty Publications

No abstract provided.

Potential Predators Of An Invasive Frog (Eleutherodactylus Coqui) In Hawaiian Forests, Karen H. Beard, William C. Pitt

Wildland Resources Faculty Publications

In Hawaii, where there are no native reptiles or amphibians, 27 species of reptiles and amphibians have established; however, few have been studied to determine their ecological impacts. For example, little is known about the impacts of the Puerto Rican frog, Eleutherodactylus coqui Thomas, that recently invaded (late 1980s), and has established on all four main Hawaiian Islands. However, there are likely to be consequences because E. coqui can attain high densities (20570 frogs ha⁻¹ on average in Puerto Rico) and consume large quantities of invertebrates (114000 prey items ha⁻¹ per night on average in Puerto Rico).

Teaching Wuthering Heights As Fantasy, Trauma, And Dream Work, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

A Drug By Any Other Name ... ? Paradoxes In Dietary Supplement Risk Regulation, Lars Noah, Barbara A. Noah

Faculty Scholarship

Dietary supplements present vexing regulatory challenges for the Food and Drug Administration (FDA). Although several observers have called for reform or repeal of Dietary Supplement Health and Education Act (DSHEA), and the FDA often has lamented its lack of meaningful authority over dietary supplements, this Author suggests that the agency actually possesses the regulatory muscle to adopt a more aggressive risk identification and risk management strategy within the confines of DSHEA, and that it need not ask Congress to amend the statute.

The Kindred Spirits Of My Dusty Upper Shelf, Wendy Xin

Neureuther Book Collection Essay Competition

Undergraduate Winner: 2nd Place, 2006. 19th Annual Carl Neureuther Student Book Collection Competition.

A Case For Civil Marriage, Carol Sanger

Cardozo Law Review

No abstract provided.

Explaining Disparities In Asylum Claims, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson

Cardozo Public Law, Policy & Ethics Journal

The note argues that the current legal standard for restricting students' First Amendment rights in public schools, established by Tinker v. Des Moines, is inadequate as it requires schools to wait for disruptions before acting, potentially leading to violence. It advocates for a more proactive approach, allowing schools to suppress speech if there is a reasonable likelihood of disruption, based on factors like past incidents or specific threats. This proposed standard aims to balance safety with free speech while prioritizing a secure learning environment.

A Case For Civil Marriage, Carol Sanger

Faculty Scholarship

There has been a frenzy of legislative activity aimed at nailing down the legal definition of marriage to make sure that there will be no more nonsense about same-sex monograms or same-sex marriage applications. In an effort to slow down the frenzy, and to encourage those within the academy to think harder about the on-going problem of what to do about marriage, Professor Edward Stein has posed a straightforward question: Should civil marriage simply be abolished? In this mini-symposium, Professors Edward Zelinsky and Daniel Crane have provided two answers to his question: yes and yes.

Although I am a Contract …

Remapping The Charitable Deduction, David Pozen

Faculty Scholarship

If charity begins at home, scholarship on the charitable deduction has stayed at home. In the vast legal literature, few authors have engaged the distinction between charitable contributions that are meant to be used within the United States and charitable contributions that are meant to be used abroad. Yet these two types of contributions are treated very differently in the Code and raise very different policy issues. As Americans' giving patterns and the U.S. nonprofit sector grow increasingly international, the distinction will only become more salient.

This Article offers the first exploration of how theories of the charitable deduction apply …

Rational Choice And Developmental Influences On Recidivism Among Adolescent Felony Offenders, Jeffrey Fagan, Alex R. Piquero

Faculty Scholarship

Recent law and scholarship has claimed that the developmental limitations of adolescents affect their capacity for control and decision making with respect to crime, diminishing their culpability and reducing their exposure to punishment. Social science has focused on two concurrent adolescent developmental influence: the internalization of legal rules and norms that regulate social and antisocial behaviors, and the development of rational thought to frame behavioral choices and decisions. The interaction of these two developmental processes, and the identification of one domain of socialization and development as the primary source of motivation or restraint in adolescence, is the focus of this …

Capital Punishment And Capital Murder: Market Share And The Deterrent Effects Of The Death Penalty, Jeffrey Fagan, Franklin Zimring, Amanda Geller

Faculty Scholarship

The modem debate on deterrence and capital punishment, now in its fourth decade, was launched by two closely timed events. The first was the 1976 United States Supreme Court decision in Gregg v. Georgia, which restored capital punishment after its brief constitutional ban following Furman v. Georgia in 1972. In 1975, Professor Isaac Ehrlich published an influential article saying that during the 1950s and 1960s, each execution averted eight murders. Although Ehrlich's article was a highly technical study prepared for an audience of economists, its influence went well beyond the economics profession. Ehrlich's work was cited favorably in Gregg …

Of Fish And People: Managerial Ecology In Newfoundland And Labrador Cod Fisheries, Dean Louis Yelwa Bavington

Theses and Dissertations (Comprehensive)

This dissertation aims to understand the history of, and possible alternatives to, managerial responses to socio-ecological issues by examining one of the largest natural resource management failures of the twentieth century—the collapse of the Northern cod fisheries off Newfoundland and Labrador, Canada. In 1992, the Northern cod fishery off Newfoundland and Labrador (the world's largest ground fishery) was shut down. The Northern cod had been reduced to 1% of their historic spawning biomass and cod fishing as a way of life had come to an end after a 500 year history. The dissertation develops and applies a critical theory of …

A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh

Faculty Scholarship

The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to …

Framing Affirmative Action, Kimberlé W. Crenshaw

Faculty Scholarship

With the passage of the Michigan Civil Rights Initiative ("MCRI"), Michigan joins California and Washington to constitute the new postaffirmative action frontier. For proponents such as Ward Connerly, affirmative action is on the edge of extinction. Connerly plans to carry his campaign against what he calls "racial preferences" to eight states in 2008, scoring a decisive Super-Tuesday repudiation of a social policy that he portrays as the contemporary face of racial discrimination.

On the other side of the issue, proponents of affirmative action are struggling to regroup, fearful that the confluence of lukewarm support among Democratic allies, messy presidential politics …

History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah S. Purdy

Faculty Scholarship

Carol Rose’s paper exemplifies qualities I have admired in Carol’s work since I first read her in 1999 and 2000. It also raises questions about her work and that of anyone who tries to follow in her footsteps. Because I am one of those chasers after methodological Rose petals, I am (at least) doubly interested in these questions.

Morals-Based Justifications For Lawmaking: Before And After Lawrence V. Texas, Suzanne B. Goldberg

Faculty Scholarship

Forever, it seems, the power to shape public morality has been seen as central to American governance. As one of the morality tradition's chief promoters, the Supreme Court itself has regularly endorsed and applauded government's police power to regulate the public's morality along with the public's health and welfare.

How, then, can we make sense of the Court's declaration in Lawrence v. Texas that the state's interest in preserving or promoting a particular morality among its constituents did not amount even to a legitimate interest to justify a Texas law criminalizing sexual intimacy between consenting adults? Has the Court unforeseeably …

Controlling Shareholders And Corporate Governance: Complicating The Comparative Taxonomy, Ronald J. Gilson

Faculty Scholarship

Corporate governance scholarship has shifted focus in recent years from hostile takeovers, which occur primarily in the widely held shareholder systems of the United States and the United Kingdom, to the comparative merits of the "controlling shareholder" systems that are the norm most everywhere else in the world. In this emerging debate, the simple dichotomy between controlling shareholder systems and widely held shareholder systems that has largely dominated the discourse is too coarse to allow a deeper understanding of the diversity of ownership structures in different national capital markets and their policy implications. In this Article, Professor Ronald Gilson seeks …