Digital Commons Network^™

Introductory Remarks: The Relationship Of Law And Morality In Respect To Constitutional Law, William W. Van Alstyne

Faculty Scholarship

This article explores the consequences of a Constitution not entirely aligned with moral law. These remarks encourage all legal minds to acknowledge such gaps when they are found, although there are a variety of ways in which such acknowledgment may take shape.

The Constitution Outside The Constitution, Ernest A. Young

Faculty Scholarship

Countries lacking a single canonical text define the “constitution” to include all laws that perform the constitutive functions of creating governmental institutions and conferring rights on individuals. The British Constitution, for example, includes a variety of constitutive statutes, such as the Magna Carta and the Parliament Acts. This Article proposes a thought experiment: what if we defined the U.S. Constitution by function, rather than by form? Viewed from this perspective, “the Constitution” would include not only the canonical document but also a variety of statutes, executive materials, and practices that structure our government. What these constitutive materials lack is a …

The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl

Faculty Scholarship

This article is an introduction to a symposium issue of the journal on ecosystem services. As the brief descriptions of recent developments make clear, the field has changed greatly since the late 1990s and there are a lot of exciting developments underway. With the partnership of the Journal of Land Use & Environmental Law, we thought it important to revisit the state of the field five years after the Stanford workshop. Thus we invited experts across the range of environmental law to Florida State for a two-day workshop assessing the current status of ecosystem services in environmental law. The results …

Knowledge Commons: The Case Of The Biopharmaceutical Industry, Arti K. Rai

Faculty Scholarship

No abstract provided.

Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery

Faculty Scholarship

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …

Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat

Faculty Scholarship

This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

Faculty Scholarship

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …

“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk

Faculty Scholarship

A legal ideology emerged in the 1870s that celebrated contract as the body of law with the particular purpose of facilitating the formation of productive exchanges that would enrich the parties to the contract and, therefore, society as a whole. Across the spectrum of intellectual property, courts used the legal fiction of implied contract, and a version of it particularly emphasizing liberty of contract, to shift control of workplace knowledge from skilled employees to firms while suggesting that the emergence of hierarchical control and loss of entrepreneurial opportunity for creative workers was consistent with the free labor ideology that dominated …

Iatrogenic Insertion Of Impression Mould Into Middle Ear And Mastoid And Its Retrieval After 9 Years: A Case Report, Mohammad Sohail Awan, Moghira Iqbal, Zakariya Imam Sardar

Department of Surgery Docs

Abstract

The magnitude of hearing loss in Pakistan is enormous. One in twelve children of Pakistan suffers from some form of hearing impairment. Many of them are unable to afford surgical procedures and resort to the use of cheap hearing aids fitted by untrained individuals or people lacking the required expertise. This predisposes the patients to significant complications during a process that is otherwise considered safe.We report the case of a child, where the process of making the mould for a hearing aid led to the perforation of the tympanic membrane and pouring of mould material into the middle ear, …

Foreign Direct Investment(Fdi) Inflows To Asean Member Countries: Problems And Prospects, Rosalina Palanca-Tan

Economics Department Faculty Publications

FDI has played an important part in the industrialization and growth experience of ASEAN countries. The growth in Gross Domestic Product (GDP) of ASEAN as a whole is strongly correlated with inflows of FDIs in the region. The share of ASEAN in global FDI inflows is disproportionately larger than its share in global GDP. About 5% of total world FDI went to ASEAN member countries during the period 1980-2005 while the region accounted for less than 2% of world GDP. This reflects the perceived attractiveness of ASEAN member countries as FDI hosts. Global firms were initially attracted by favorable conditions …

Recent Publications

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Acquired Taste, Kevin Melchionne

Contemporary Aesthetics (Journal Archive)

Acquired taste is an integral part of the cultivation of taste. In this essay, I identify acquired taste as a form of intentional belief acquisition or adaptive preference formation, distinguishing it from ordinary or discovered taste. This account of acquired taste allows for the role of self-deception in the development of taste. I discuss the value of acquired taste in the overall development of taste as well as the ways that an over-reliance on acquired taste can distort overall taste.

Art, Perception And Indeterminacy, Robert Pepperell

Contemporary Aesthetics (Journal Archive)

This article considers the phenomenon of visual indeterminacy, which occurs when the sensory data gathered from the visual system cannot be integrated with semantic knowledge. A number of examples are given, including from the author's own art work, and some results presented from a scientific study based on them. The implications for the operation of the mind and, in particular, the nature of aesthetic experience are addressed, and the distinction between the perception of visual forms and their cognitive interpretation is discussed. Arguments about the nature of aesthetic experience are then considered from some historical sources and interpreted in light …

Poetics And Maieutics: Literature And Tacit Knowledge Of Emotions, Stefán Snaevarr

Contemporary Aesthetics (Journal Archive)

The theme of this paper is the idea that imaginative literature can disclose our tacit knowledge of emotions. It this does with the aid of such devices as metaphors and similes. The kind of insight we get thanks to the disclosive power of literature is akin to that which Kjell S. Johannessen has called 'knowledge by familiarity,' Frank Palmer 'knowing what' and Charles Taylor implicitly 'the result of articulation.' I defend the theory that at least some important emotions cannot be understood (or even exist) outside of behavioral contexts and that this understanding is mainly tacit. I try to show …

Introduction, Joel R. Reidenberg

Faculty Scholarship

As a leader in the publication of legal scholarship, the Fordham Intellectual Property, Media and Entertainment Law Journal sought the insights of internationally renowned scholars on critical problems in intellectual property law. In this focused issue, five top scholars tackle timely questions.

The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg

Faculty Scholarship

This article argues that the technological attacks on intellectual property are a movement against democratically chosen intellectual property rules. They form a basic challenge to the rule of law and to the control of the rules wired into the network. In making this argument, the Article first maintains that intellectual property rights have an important public function in democracy in that they mark political, economic, and social boundaries. Next, the Article shows that the public law, as enacted by governments, has reallocated intellectual property rights to adapt to the information economy. While many aspects of this new allocation of rights …

Predicting Corporate Governance Risk: Evidence From The Directors' & Officers' Liability Insurance Market, Tom Baker, Sean J. Griffith

Faculty Scholarship

This Article examines how liability insurers transmit and transform the content of corporate and securities law. Directors' & Officers' (D&O) liability insurers are the financiers of shareholder litigation in the American legal system, paying on behalf of the corporation and its directors and officers when shareholders sue. The ability of the law to deter corporate actors thus depends upon the insurance intermediary. How, then, do insurers transmit and transform the content of corporate and securities law in underwriting D& 0 coverage?In this Article, we report the results of an empirical study of the D&O underwriting process. Drawing upon in-depth interviews …

A Comparison Of Criminal Jury Decision Rules In Democratic Countries, Ethan J. Leib

Faculty Scholarship

This paper furnishes jury system information about the twenty-eight democracies (excluding the United States) that have been consistently democratic since at least the early 1990s and have a population of five million people or more (with allowance for Mexico and South Africa). I describe general rules that do not always apply to every crime in every context. In the United States, for example, we tend to use a randomly-selected jury of twelve people that sits for a single case; laws generally require unanimity to convict and unanimity to acquit. Failure to reach unanimity results in a “hung” jury, with the …

Adults' Perceived Prevalence Of Enteric Fever Predicts Laboratory-Validated Incidence Of Typhoid Fever In Children, Xinguang Chen, Bonita Stanton, Al Pach, Andrew Nyamete, R. Leon Ochiai, Linda Kaljee, Baiqing Dong, Dipika Sur, S.K. Bhattacharya, Siti Sapardiyah Santoso, Magdarina Agtini, Zahid Memon, Zulfiqar Ahmed Bhutta, Canh Gia Do, Lorenz Von Seidlein, John Clemens

Centre of Excellence in Women and Child Health

This study was undertaken to develop a model to predict the incidence of typhoid in children based on adults’ perception of prevalence of enteric fever in the wider community. Typhoid cases among children, aged 5-15 years, from epidemic regions in five Asian countries were confirmed with a positive Salmonella Typhi culture of the blood sample. Estimates of the prevalence of enteric fever were obtained from random samples of adults in the same study sites. Regression models were used for establishing the prediction equation. The percentages of enteric fever reported by adults and cases of typhoid incidence per 100,000, detected through …

Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin

Scholarly Works

This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.

Five Myths About Sprawl, Michael Lewyn

Scholarly Works

In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing case for the status quo, asserting that sprawl is "a natural result of affluence that occurs in all urbanized societies." Bruegmann's book has generated glowing media publicity. This article suggests that Bruegmann overestimates the universality of sprawl, by overlooking the differences between pedestrian-friendly cities with some sprawling development and cities in which automobile-dependent sprawl is the only choice available to most consumers. In addition, Bruegmann understates the harmful social effects of sprawl, especially the effect of automobile-dependent development upon non-drivers. Bruegmann also consistently underestimates the …

Crime Volume And Law And Order Culture, Steven Stack, Liqun Cao, Amy Adamczyk

Publications and Research

The literature on public opinion about crime and justice has neglected the exploration of macro‐ or community‐level influences on individual‐level attitudes. A key macrofactor that may be related to individual level attitudes is the volume of violent crime. High crime rates can facilitate the development of a culture of “law and order,” a response that may be a practical or instrumental attempt to control crime. The present paper tests the hypothesis that persons residing in nations marked by a high volume of crime will be more likely to adhere to elements of a law and order culture. It employs data …

Charles Reich's Journey From The Yale Law Journal To The New York Times Best-Seller List: The Personal History Of The Greening Of America, Rodger D. Citron

Scholarly Works

No abstract provided.

Race Discrimination And Human Rights Class Actions: The Virtual Exclusion Of Racial Minorities From The Class Action Device, George A. Martinez

Faculty Journal Articles and Book Chapters

In the era of Jim Crow, racial minorities were segregated and excluded from participating in white society. Minorities were segregated in public schools, excluded from public accommodations, excluded from participation on juries, and excluded from living in certain areas. Harkening back to that earlier time, racial minorities now are often excluded from using the class action device to bring civil rights claims.

This paper argues that courts are very tough in how they handle class certification decisions in race discrimination class actions. On the other hand, the courts are quite lenient in how they handle class certification decisions in human …

Feeding Drosophila A Biotin-Deficient Diet For Multiple Generations Increases Stress Resistance And Lifespan And Alters Gene Expression And Histone Biotinylation Patterns, Erin M. Smith, Jia Tse Hoi, Joel C. Eissenberg, James D. Shoemaker, Wendi S. Neckameyer, Anne M. Ilvarsonn, Lawrence G. Harshman, Vicki L. Schlegel, Janos Zempleni

Department of Nutrition and Health Sciences: Faculty Publications

Caloric restriction increases stress resistance and lifespan in Drosophila melanogaster and other species. The roles of individual nutrients in stress resistance and longevity are largely unknown. The vitamin biotin is a potential candidate for mediating these effects, given its known roles in stress signaling and gene regulation by epigenetic mechanisms, i.e., biotinylation of histones. Here, we tested the hypothesis that prolonged culture of Drosophila on biotin-deficient medium increases stress resistance and lifespan. Flies were fed a biotin-deficient diet for multiple generations; controls were fed a biotin-normal diet. In some experiments, a third group of flies was fed a biotin-deficient diet …

Subways As A Space Of Cultural Intimacy: The Mass Rapid Transit System In Taipei, Taiwan, Anru Lee

Publications and Research

No abstract provided.

Southern Green Revolution: Urban Environmental Activism In Kaohsiung, Taiwan, Anru Lee

Publications and Research

No abstract provided.

Mode, Melody, And Harmony In Traditional Afro-Cuban Music: From Africa To Cuba., Peter L. Manuel

Publications and Research

No abstract provided.

Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis

Publications and Research

No abstract provided.