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2006

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Sameness, Subordination, And Perfectionism: Toward A More Complete Theory Of Employment Discrimination Law, Kimberly A. Yuracko Nov 2006

Sameness, Subordination, And Perfectionism: Toward A More Complete Theory Of Employment Discrimination Law, Kimberly A. Yuracko

San Diego Law Review

This Article focuses on two muddled and contested areas of sex discrimination case law - the first deals with sexuality and the second with gender nonconformity in the workplace. Both are areas in which courts, at times, impose significant accommodationist demands on employers in the name of Title VII's antidiscrimination mandate. Section II addresses cases in which employers attempt to discriminate on the basis of sex in order to protect customers' personal or sexual privacy or to provide customers with a particular kind of sexual titillation. As a general matter, courts permit discrimination in the first type of case - …

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Reflections On Equality, Adjudication, And The Regulation Of Sexuality At Work: A Response To Kim Yuracko, Orly Lobel Nov 2006

Reflections On Equality, Adjudication, And The Regulation Of Sexuality At Work: A Response To Kim Yuracko, Orly Lobel

San Diego Law Review

I make three observations on Yuracko's thesis to explain these ideas. First, in Part II, I argue that it is possible to explain the case law distinctions between various categories of BFOQ claims within the liberal model of antidiscrimination. Specifically, I turn to a more robust analysis of the antisubordination paradigm than Yuracko describes in her paper. I argue that we should consider the dangers of under-inclusion in one sector as the result of structural inequalities across the workforce. Because of the need to take a more macro approach in addressing the effects of discrimination on the market at large, …

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Explanation, Vindication, And The Role Of Normative Theory In Legal Scholarship, Connie S. Rosati Nov 2006

Explanation, Vindication, And The Role Of Normative Theory In Legal Scholarship, Connie S. Rosati

San Diego Law Review

I find Yuracko's inquiry quite intriguing, but I have doubts about the central thesis. My aim, in the discussion that follows, is to press Yuracko on two fronts, one methodological, the other substantive. As concerns substance, I shall say a bit as this commentary progresses about why Yuracko would need much more support to make good on her claim that an implicit perfectionism explains decisional antidiscrimination law. My chief interest, however, lies with certain questions as to what methodology she means to follow in her efforts to develop a more complete theory of employment discrimination law. Yuracko's approach is one …

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Left Libertarianism And Private Discrimination, Peter Vallentyne Nov 2006

Left Libertarianism And Private Discrimination, Peter Vallentyne

San Diego Law Review

Left-libertarianism, like the more familiar right-libertarianism, holds that agents initially fully own themselves. Unlike right-libertarianism, however, it views natural resources as belonging to everyone in some egalitarian manner. Left-libertarianism is thus a form of liberal egalitarianism in that it recognizes both liberty rights and equality rights. In this Article, I shall lay out the reasons why (1) left libertarianism holds that (a) private discrimination is not intrinsically unjust and (b) it is intrinsically unjust for the state to prohibit private discrimination; and (2) that, nonetheless, a plausible version of left libertarianism holds that it is unjust for the state, and …

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Why Not Regulate Private Discrimination?, Matt Zwolinski Nov 2006

Why Not Regulate Private Discrimination?, Matt Zwolinski

San Diego Law Review

In this Article I examine the disparity between attitudes toward regulating private discrimination and those concerning the regulation of what I will call "commercial" discrimination. My hope is to find a theory that can simultaneously explain these divergent attitudes by providing an account that fits the various aspects of our legal practices and our attitudes toward them, and justify those practices by providing an account that makes the divergence attractive from a moral point of view. I focus on an explanation of the disparity that is grounded in three different sorts of considerations: differences in our epistemological access to private …

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Treatment Of Solid Organ Transplant Recipients With Autologous Epstein Barr Virus-Specific Cytotoxic T Lymphocytes (Ctls), Barbara Savoldo, John A. Goss, Markus M. Hammer, Lan Zhang, Teresita Lopez, Adrian P. Gee, Yu-Feng Lin, Ruben E. Quiros-Tejeira, Petra Reinke, Stephan Schubert, Stephen Gottschalk, Milton J. Finegold, Malcolm K. Brenner, Cliona M. Rooney, Helen E. Heslop Nov 2006

Treatment Of Solid Organ Transplant Recipients With Autologous Epstein Barr Virus-Specific Cytotoxic T Lymphocytes (Ctls), Barbara Savoldo, John A. Goss, Markus M. Hammer, Lan Zhang, Teresita Lopez, Adrian P. Gee, Yu-Feng Lin, Ruben E. Quiros-Tejeira, Petra Reinke, Stephan Schubert, Stephen Gottschalk, Milton J. Finegold, Malcolm K. Brenner, Cliona M. Rooney, Helen E. Heslop

Faculty, Staff and Students Publications

We have investigated the in vivo safety, efficacy, and persistence of autologous Epstein Barr virus (EBV)-specific cytotoxic T lymphocytes (CTLs) for the treatment of solid organ transplant (SOT) recipients at high risk for EBV-associated posttransplantation lymphoproliferative disease (PTLD). EBV-CTLs generated from 35 patients expanded with normal kinetics contained both CD8 and CD4 lymphocytes and produced significant specific killing of autologous EBV-transformed B lymphoblastoid cell lines (LCLs). Twelve SOT recipients at high risk for PTLD, or with active disease, received autologous CTL infusions without toxicity. Real-time polymerase chain reaction (PCR) monitoring of EBV-DNA showed a transient increase in plasma EBV-DNA suggestive …

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Safe Eggnog Requires Pasteurized Eggs, Brian Nummer Nov 2006

Safe Eggnog Requires Pasteurized Eggs, Brian Nummer

All Current Publications

Eggnog is a milk and egg based beverage traditionally enjoyed during the winter holidays.

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Avian Flu Concerns: Food Safety And Emergency Food Storage, Brian Nummer Nov 2006

Avian Flu Concerns: Food Safety And Emergency Food Storage, Brian Nummer

All Current Publications

As of May 2006, there have been no findings of the Asian strain H5N1 highly pathogenic avian (bird) flu circulating in wild or domestic birds in the United States. This may soon change.

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V.43-4, 2006 Masthead Nov 2006

V.43-4, 2006 Masthead

San Diego Law Review

No abstract provided.

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Introduction, Larry Alexander Nov 2006

Introduction, Larry Alexander

San Diego Law Review

The outstanding collection of articles and comments thereon that follows this Introduction constitute the 2006 Editors' Symposium of the San Diego Law Review. The theme for this symposium is: "The Rights and Wrongs of Discrimination."

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Defining The Antidiscrimination Norm To Defend It, Mark Kelman Nov 2006

Defining The Antidiscrimination Norm To Defend It, Mark Kelman

San Diego Law Review

We may mean very different things when we say that an actor (the putative defendant in a lawsuit designed to alter the behavior in which he would engage but-for legal intervention) "discriminates" against another person (the suit's putative plaintiff). Recognizing this difference is helpful because it demonstrates that we should be extremely clear in using a term that does not have a single, uncontested meaning. More importantly, it reveals why we have certain norms against private discrimination, particularly in the employment market and a subset of markets in which customers purchase goods and services.

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Justice For Large Earlobes! A Comment On Richard Arneson's "What Is Wrongful Discrimination?", Andrew Koppelman Nov 2006

Justice For Large Earlobes! A Comment On Richard Arneson's "What Is Wrongful Discrimination?", Andrew Koppelman

San Diego Law Review

At different points in his paper, Professor Arneson offers two inconsistent descriptions of what his paper tries to accomplish. The first is to answer his title question. The second is to answer that question within a deontological morality that holds, contrary to act consequentialism, that what is morally right and wrong ... is fixed by ... moral constraints [which] mainly take the form of moral rights of others that are correlative with moral obligations that one must not violate these rights. In a footnote, Professor Arneson explains that this assumed moral framework is not the one I would ultimately endorse. …

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Private Discrimination: A Prioritarian, Desert-Accommodating Account, Kasper Lippert-Rasmussen Nov 2006

Private Discrimination: A Prioritarian, Desert-Accommodating Account, Kasper Lippert-Rasmussen

San Diego Law Review

Most of us would consider a state's discrimination against its citizens-say, by refusing to hire them on account of their sex, race, religion, or ethnicity-clearly unjust, something in urgent need of rectification. Yet we often take a less censorious view of discriminatory acts by private individuals who choose not to share their neighborhood with, associate with, trade with, work with, befriend, marry, or be buried in the same graveyards as people of a different sex, race, religion, or ethnicity. On reflection, this asymmetry is puzzling. It cannot be explained by saying that state discrimination has graver consequences involving more people …

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Reflections On Discrimination, Alan Wertheimer Nov 2006

Reflections On Discrimination, Alan Wertheimer

San Diego Law Review

In the background are two claims that I want to put on the table. First, although it may be wrong for people to engage in a particular form of discrimination, it does not follow that the government should seek to prevent that discrimination. Second, although it may not be wrong for people to engage in a particular form of discrimination, it does not follow that it would be wrong for the government to seek to prevent that discrimination or to mitigate its effects. The wrongness of individual behavior is obviously related to the justifiability of state action, but the correlation …

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Left Libertarianism: What's In It For Me?, H. E. Baber Nov 2006

Left Libertarianism: What's In It For Me?, H. E. Baber

San Diego Law Review

Left libertarianism cannot effectively promote equal opportunity for well-being. Neither direct distributions from the rent fund nor financial incentives for firms will significantly reduce gross, ongoing discrimination which locks most women into a narrow range of boring, dead-end, pink collar drudge jobs and puts minorities at a disadvantage in hiring, housing, and access to credit. Left libertarianism: What's in it for me? Not much.

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The Discriminating Shopper, Michael Blake Nov 2006

The Discriminating Shopper, Michael Blake

San Diego Law Review

This argument proceeds in two parts. Part I attempts to show that there is something special about discriminatory shopping, such that we ought to understand it prior to deriving an overall theory of employment discrimination. Part II then proceeds to analyze the political morality of discriminatory shopping and offers an account of when and how liberalism morally prohibits such discrimination. Part III concludes that such private discrimination is not always contrary to the egalitarian guarantees of liberalism; while there are some cases in which such practices run counter to liberalism's egalitarian guarantees, not all cases of discriminatory shopping have this …

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Discriminating Shoppers Beware, Dana K. Nelkin Nov 2006

Discriminating Shoppers Beware, Dana K. Nelkin

San Diego Law Review

Such a theory suggests that we need to answer the following question in judging the moral permissibility of discriminatory shopping: Is this act of discriminatory shopping likely to undermine the public equality of our society? To answer this question in turn requires that we check two ways in which public equality could be undermined: first, by people interpreting our actions as sending a message of social inferiority and internalized shame; and second, by exacerbating and amplifying preexisting relationships of injustice.

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Is The Privilege Of Private Discrimination An Artifact Of An Icon?, Donald A. Dripps Nov 2006

Is The Privilege Of Private Discrimination An Artifact Of An Icon?, Donald A. Dripps

San Diego Law Review

Most of what Professor Zwolinski says about the three plausible grounds for private discrimination's privileged position seems to me persuasive. I do, however, offer three observations about the prospects of justifying the prevailing distinction. First, as a methodological matter, there are many settled rules and institutions that are, from the standpoint of moral theory, not quite justified by any single normative theory. Second, an attempt to redistribute the goods now distributed by persons exercising the privilege of private discrimination is normatively problematic. Third, the privilege for private discrimination indeed tends to track a widely-felt sense that autonomy has special value …

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In Re Blair Misses The Mark: An Alternative Interpretation Of The Bapcpa's Homestead Exemption, Shaun Mulreed Nov 2006

In Re Blair Misses The Mark: An Alternative Interpretation Of The Bapcpa's Homestead Exemption, Shaun Mulreed

San Diego Law Review

Bankruptcy law is wrought with compelling policy tensions, which legislators, judges, and academics must constantly balance. Bankruptcy law seeks to foster a fresh start and promote the rehabilitation of distressed debtors discharged from bankruptcy, while simultaneously ensuring that creditors receive repayment of debts owed to them by debtors. When bankruptcy law focuses too heavily on paternalistic goals providing a fresh start to debtors and fostering debtor rehabilitation both creditors and consumers suffer financially. Every dollar that remains with the debtor in furtherance of a fresh start is a dollar removed from the bankruptcy estate, and thus, a dollar that cannot …

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Market Journal Toolbox, Becky Small, Darrell R. Mark Nov 2006

Market Journal Toolbox, Becky Small, Darrell R. Mark

Cornhusker Economics

Producers often rely on cash market sales without the use of forward contracting, futures hedging and other risk management tools for several reasons. Some producers perceive that the use of hedging lowers their net price or increases price variability on average. Others view hedging as a risky price enhancement mechanism that is reliant on being able to successfully forecast futures prices. Selling crops or livestock that have not yet been raised, paying margin calls and dealing with brokers are all viewed as risk-inducing activities for some farmers and ranchers. Many producers indicate their use of forward contracting and hedging is …

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A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard Nov 2006

A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard

Faculty Publications

This Article suggests a rethinking of the responsible relation doctrine, which holds business officials, managers, and supervisors criminally liable for failing to prevent or correct violations that occur within their areas of responsibility and control. The conventional public welfare justification for the doctrine is that it provides added and important deterrence of legal violations that threaten human health and safety. This Article suggests instead that the doctrine is better understood and defended as properly following from traditional criminal law prohibitions on acts of omission, and specifically from the principle that individuals may be criminally liable when their failure to fulfill …

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Standing On Hallowed Ground: Should The Federal Judiciary Monitor Executive Violations Of The Establishment Clause, Bradley Thomas Wilders Nov 2006

Standing On Hallowed Ground: Should The Federal Judiciary Monitor Executive Violations Of The Establishment Clause, Bradley Thomas Wilders

Missouri Law Review

This Note argues that the Seventh Circuit reached the correct result. However, there is little logic in continuing to limit Establishment Clause adjudications to plaintiffs who can show injury-in-fact or, absent such injury, plaintiffs who can claim the allegedly unconstitutional act was an exercise of the Taxing and Spending Clause. Instead, because the Establishment Clause is a unique structural restraint which separates the government from organized religion4 and prohibits government support of religion that divides the political process along religious lines, this Note concludes that standing to sue for Establishment Clause violations should be extended to acts of any government …

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Korean Artist Yu-Sun Kang To Conduct Workshops At Artstreet On Campus Nov 2006

Korean Artist Yu-Sun Kang To Conduct Workshops At Artstreet On Campus

News Releases

News release announces that artist Yu0Sun Kang will visit the University of Dayton this month to demonstrate and teacher her wool-felting technique.

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Courageous Black Catholic Sister Who Risked Life For Voter Rights To Attend Premiere Of New Documentary At Ud On Nov. 15 Nov 2006

Courageous Black Catholic Sister Who Risked Life For Voter Rights To Attend Premiere Of New Documentary At Ud On Nov. 15

News Releases

News release announces that "Sisters of Selma: Bearing Witness for Change," will be screened at the University of Dayton with filmmaker Jayasri Hart and Sister Mary Antona Ebo as attendees.

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Cull Instructors' Use Of And Attitudes Toward The Self-Access Learning Center, Pornpim Kusiripanth Nov 2006

Cull Instructors' Use Of And Attitudes Toward The Self-Access Learning Center, Pornpim Kusiripanth

PASAA

Learner autonomy should be promoted in order that students can learn more by themselves. Teachers play very significant roles in guiding students to this rather new concept. The Self-Access Learning Center at CULI can be a good start for English teachers to enhance the concept of learner autonomy to CU students. However, it seems that both the teachers and students here have not been motivated enough to use the center. The current study shows that most instructors at CULI believe that the SALC has an important role in promoting independent learning and students should be encouraged to come and work …

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What Is Happening To What Was Happened?, Nirada Simargool Nov 2006

What Is Happening To What Was Happened?, Nirada Simargool

PASAA

Unaccusative verbs such as happen, occur, and appear are intransitive verbs that have theme subjects and are particularly prone to passivization by EFL learners. Some scholars attribute this to L1 influence, some attribute it to learners not distinguishing between transitive and unaccusative verbs, and others attribute it to the absence of an agent or the presence of a theme object. Like other research, this study shows that Thai students produce passive unaccusative constructions for more than one reason.

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Apparent Authority And Healthcare In Illinois - Revisted, Marc D. Ginsberg, Patricia C. Nowak Nov 2006

Apparent Authority And Healthcare In Illinois - Revisted, Marc D. Ginsberg, Patricia C. Nowak

Northern Illinois University Law Review

This article discusses the recent Illinois Supreme Court decision, York v. Rush Presbyterian St. Luke's Medical Center, which addressed the reliance element in the overall analysis of apparent authority in the healthcare context in Illinois. The authors explore the historical underpinnings of agency law and posit that the York decision has effectively eroded basic agency law principles in the healthcare context.

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The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope Nov 2006

The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope

Northern Illinois University Law Review

This article examines the jurisdictional features of the newly enacted Detainee Treatment Act of 2005 and the Supreme Court's Hamdan v. Rumsfeld decision as it relates to the retroactive application of the Act. In particular, the article considers the impact of the Act on the Supreme Court's earlier Rasul v. Bush decision and considers whether the statute, as interpreted by the Court in Hamdan, successfully abrogated that controversial decision or leaves certain unintended infirmities untreated. The article explores the Congressional history of the Act and explains how that history supported the Supreme Court's ultimate conclusion in Hamdan that Congress failed …

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Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt Nov 2006

Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt

Northern Illinois University Law Review

This Comment examines the prosecution of pedophiles in Illinois after the United States Supreme Court's decision in Crawford v. Washington. The prosecution of pedophiles had frequently involved the use of extra judicial statements by victims to protect them from re-victimization after testifying at trial. The ability to use a statutorily mandated hearsay exception has been in question and is directly linked to the definition of the term "testimonial. " The author provides a test to determine whether the out of court statements by pedophilia victims are "testimonial" to make this tool for protecting the victims still viable.

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Issue Contents Nov 2006

Issue Contents

Louisiana Law Review

No abstract provided.

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