Digital Commons Network^™

State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.

Applying The Access Principle In Law: The Responsibilities Of The Legal Scholar, Richard A. Danner

Faculty Scholarship

This article applies to legal scholarship the ideas developed and argued in John Willinsky’s 2006 book: 'The Access Principle: The Case for Open Access to Research and Scholarship' regarding the responsibilities of scholars to make their works widely available through open access mechanisms via the Internet. Willinsky’s access principle states that “A commitment to the value and quality of research carries with it a responsibility to extend the circulation of such work as far as possible and ideally to all who are in interested in it and all who might profit by it.” For Willinsky, the transformation of scholarly journals …

Toward A Framework Statute For Supranational Adjudication, Ernest A. Young

Faculty Scholarship

No abstract provided.

Richard Lillich Memorial Lecture: Nurturing A Transnational System Of Innovaton, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Challenging Direct Democracy, Erwin Chemerinsky

Faculty Scholarship

I want to argue today that direct democracy is undesirable and unconstitutional. I want to argue to you that the Supreme Court should find that the Michigan Civil Rights Initiative is unconstitutional, and strike it down. So I want to make two points. First, I am going to argue that direct democracy is undesirable. This is a normative argument; it’s not an argument about constitutional doctrine. Second, I want to argue that direct democracy is unconstitutional, and make a series of different arguments as to why.

The Doha Round’S Public Health Legacy: Strategies For The Production And Diffusion Of Patented Medicines Under The Amended Trips Provisions, Jerome H. Reichman, Frederick M. Abbott

Faculty Scholarship

This entry into force of the World Trade Organization (WTO) TRIPS Agreement in 1995 transformed the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation, limiting risks from unjustified 'free riding.' Yet these same harmonized IP standards sharply curtailed the traditional capacity of suppliers of public goods, such as health care and nutrition, to address the priority needs of less affluent members of society, particularly in (but not limited to) developing countries. In the Doha Declaration, the Waiver Decision of 30 August 2003 and the Article 31bis Protocol of Amendment, stakeholders …

Rediscovering Brandeis’S Right To Privacy, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris

Faculty Scholarship

No abstract provided.

Writing Other Peoples’ Constitutions, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller

Faculty Scholarship

No abstract provided.

Intellectual Property: Does Ip Harm Or Help Developing Countries?, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Comments On The European Commission’S Proposal For A Regulation Of The European Parliament And The Council On The Law Applicable To Contractual Obligations (Rome I), Ralf Michaels, Jürgen Basedow, Wolfgang Wurmnest

Faculty Scholarship

No abstract provided.

Race, Redistricting, And Representation, Guy-Uriel Charles

Faculty Scholarship

This Essay, which was written for the Ohio State Law Journal's symposium on Election Law and the Roberts Court, examines the Court's decision in League of United Latin American Citizens (LULAC) v. Perry. The Essay explores two ways of reading LULAC: first as a racial representation case and second as a case concerned with representation itself. The essay argues that politics not race is the majority's worry in LULAC and that the case is the first application of Justice Kennedy's representation rights concept first introduced in Vieth.

Book Review, Laurence R. Helfer

Faculty Scholarship

reviewing Eyal Benvenisti & Moshe Hirsch eds., The Impact of International Law on International Cooperation: Theoretical Perspectives (2004)

The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

The Guantanamo Three Step, Joseph Blocher

Faculty Scholarship

No abstract provided.

Classified Boards And Firm Value, Michael D. Frakes

Faculty Scholarship

Classified boards constitute one of the most potent takeover defenses for U.S. firms today. However, as with takeover defenses more generally, economic theory offers an ambiguous prediction as to the effect that classified boards have on bottom-line firm value. A resolution of this ambiguity will require sound and convincing empirical methodology. In an effort to address limitations in the existing empirical literature, this article approaches the relationship between corporate governance and firm value while taking various measures to account for unobserved sources of heterogeneity across firms. Using the instrumental variables model developed by Hausman and Taylor, I find evidence of …

Graded Sparse Graphs And Matroids, Audrey Lee, Ileana Streinu, Louis Theran

Computer Science: Faculty Publications

Sparse graphs and their associated matroids play an important role in rigidity theory, where they capture the combinatorics of some families of generic minimally rigid structures. We define a new family called graded sparse graphs, arising from generically pinned bar-and-joint frameworks, and prove that they also form matroids. We also address several algorithmic problems on graded sparse graphs: Decision, Spanning, Extraction, Components, Optimization, and Extension. We sketch variations on pebble game algorithms to solve them.

On The Legal Consequences Of Sauces: Should Thomas Keller’S Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco

Faculty Scholarship

No abstract provided.

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.

Sexual Minority Youth In The Research Literature: The Invisible Students, Kelly J. Beck

Dissertations and Theses @ UNI

This research examines the topics addressed in the School Psychology literature and specifically looks at the amount of coverage the topic of sexual minority youth has received in the research literature in the last 15 years. A content analysis of research articles published in two prominent school psychology journals, School Psychology Review and School Psychology Quarterly, from 1990 to 2005 was conducted. The topics that received the most coverage included: (1) intervention, (2) assessment, and (3) ethical, legal and professional issues. Nine articles out of 901, less than 1 %, included the topic of sexual minority youth. The sub-groups, such …

Sexual Minority Youth In The Research Literature : What Kind Of Coverage Is The Field Of School Psychology Providing?, Jill Hayes White

Dissertations and Theses @ UNI

The amount of coverage sexual minority youth have received in the research literature over the past 15 years was examined. A content analysis of all research articles published in Psychology in the Schools and The Journal of School Psychology from 1990 to 2005 was conducted. Comparisons were made between the topic areas receiving the most coverage in 1990 versus 2005. Results revealed that issues related to lesbian, gay, bisexual and transgender youth were discussed in only 0.4% of the articles. Topic areas receiving the most coverage included assessment, intervention, ethical and professional issues as well as race and diversity issues, …

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, …