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2007

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Ensuring Effective Representation Of Parents In Dependency And Neglect Cases, Clare Huntington Jan 2007

Ensuring Effective Representation Of Parents In Dependency And Neglect Cases, Clare Huntington

Faculty Scholarship

Since 2005, the Colorado Supreme Court Respondent Parents' Counsel Task Force has been working to ensure the effective representation of parents in dependency and neglect proceedings. This article describes the work of the Task Force.


Panel One: Lessons Learned: Gender Analyses Of Past Policies And Practices: Introduction, Suzanne B. Goldberg Jan 2007

Panel One: Lessons Learned: Gender Analyses Of Past Policies And Practices: Introduction, Suzanne B. Goldberg

Faculty Scholarship

Hello. I'm Suzanne Goldberg. I am pleased to welcome you to the first of two afternoon panels as part of the Women's Rights Law Reporter Symposium, "Lessons Learned: Gender Analyses of Past Policies and Practices." Thank you to Dr. Enarson for the wonderful opening to our conversation today. She has inspired us to think about broadening our analytic lens by foregrounding questions of gender in our consideration of disasters and disaster relief.


Book Review: Conquest In Cyberspace: National Security And Information Warfare, Gary C. Kessler Jan 2007

Book Review: Conquest In Cyberspace: National Security And Information Warfare, Gary C. Kessler

Publications

This document is Dr. Kessler's review of Conquest in Cyberspace: National Security and Information Warfare, by Martin C. Libicki. Cambridge University Press, 2007. ISBN 978-0-521-69214-4


Asthme Au Travail : Plomberie Et Chauffage : Fiche De Prévention, Brigitte Roberge, Éric Audet, Denyse Gautrin Jan 2007

Asthme Au Travail : Plomberie Et Chauffage : Fiche De Prévention, Brigitte Roberge, Éric Audet, Denyse Gautrin

Fiches

No abstract provided.


Asthme Au Travail : Information Et Prévention : Fiche De Prévention, Denyse Gautrin, Sylvie Daigle, Nicole Goyer Jan 2007

Asthme Au Travail : Information Et Prévention : Fiche De Prévention, Denyse Gautrin, Sylvie Daigle, Nicole Goyer

Fiches

No abstract provided.


How Does "Equal Liberty" Fare In Relation To Other Approaches To The Religion Clauses?, Kent Greenawalt Jan 2007

How Does "Equal Liberty" Fare In Relation To Other Approaches To The Religion Clauses?, Kent Greenawalt

Faculty Scholarship

As one of four contributors to an issue celebrating Christopher Eisgruber and Lawrence Sager's Religious Freedom and the Constitution, I have chosen to write an Essay that differs from an ordinary review. I compare the authors' approach with two other recent formulations of what should be central for the jurisprudence of the Religion Clauses. Since I have recently published my own treatment of the Free Exercise Clause, and a second volume on the Establishment Clause is in the pipeline toward publication, I do not here present my own positive views (though I provide references for interested readers). Those views …


Economic Policy In The Public Interest, Jagdish N. Bhagwati Jan 2007

Economic Policy In The Public Interest, Jagdish N. Bhagwati

Faculty Scholarship

Economists, whose discipline has always had a strong relationship to moral philosophy (Adam Smith, the author of The Wealth of Nations, also wrote the celebrated Theory of Moral Sentiments), have always seen their role in society as that of pursuing the public good. They properly see themselves as guardians of the public interest, and to be engaged in public-policy debates against special interests who wish to ‘capture’ policy to advance their narrowly circumscribed, self-serving agendas.


The Social Costs Of Property Rights In Broadcast (And Cable) Signals, Shyamkrishna Balganesh Jan 2007

The Social Costs Of Property Rights In Broadcast (And Cable) Signals, Shyamkrishna Balganesh

Faculty Scholarship

The use of property as a regulatory mechanism in the telecommunications sector is hardly novel. Since the early twentieth century, policy makers and regulators in the United States have experimented with different mechanisms for allocating private rights in the radio spectrum. In 1959, Ronald Coase proposed that the FCC auction rights in the broadcast spectrum and convert broadcast licenses into tradable commodities. However, it was not until very recently that the FCC implemented Coase's idea. At least part of the reason for the long delay in implementing this seemingly efficient mechanism lay in the public nature of broadcasting and the …


The Effect Of Court-Ordered Hiring Quotas On The Composition And Quality Of Police, Justin Mccrary Jan 2007

The Effect Of Court-Ordered Hiring Quotas On The Composition And Quality Of Police, Justin Mccrary

Faculty Scholarship

Arguably the most aggressive affirmative action program ever implemented in the United States was a series of court-ordered racial hiring quotas imposed on municipal police departments. My best estimate of the effect of court-ordered affirmative action on work-force composition is a 14-percentage-point gain in the fraction African American among newly hired officers. Evidence on police performance is mixed. Despite substantial black-white test score differences on police department entrance examinations, city crime rates appear unaffected by litigation. However, litigation lowers slightly both arrests per crime and the fraction black among serious arrestees.


Battle Of The Branches: The Separation Of Powers Doctrine In State Education Funding Suits, Sarah Seo Jan 2007

Battle Of The Branches: The Separation Of Powers Doctrine In State Education Funding Suits, Sarah Seo

Faculty Scholarship

What is the scope of judicial power to enforce positive rights, such as the right to education? This Note analyzes litigation outcomes in state education finance lawsuits to examine how state courts exercise their authority within the limits of the separation of powers doctrine. The Note argues that practical, non-legal factors play an important role in a judge's decision to grant remedies addressing unconstitutional legislative inaction to provide an adequate public education. In conclusion, the Note discusses the efficacy of education litigation in light of the judicial s jurisdictional limits, as well as the realities of state politics.


Survey Of Climate Change Litigation, Michael B. Gerrard Jan 2007

Survey Of Climate Change Litigation, Michael B. Gerrard

Faculty Scholarship

Approximately 35 lawsuits have been filed in the United States concerning global climate change, together with several administrative proceedings and officially threatened actions. About half of them have led to judicial decisions, and several of those are under appeal; most of the rest are pending.

Much attention has deservedly gone to the U.S. Supreme Court’s decision in Massachusetts v. the EPA, but that is only the tip of the figurative iceberg; and unlike most of the real ones, it is growing rather than melting.

This article surveys U.S. climate change litigation. The lawsuits can be broadly divided between those …


Kyoto's Clean Development Mechanism In Action: India, China And Brazil, Michael B. Gerrard, Siddharth Sethy, Hui Xu, Bruno Gagliardi Jan 2007

Kyoto's Clean Development Mechanism In Action: India, China And Brazil, Michael B. Gerrard, Siddharth Sethy, Hui Xu, Bruno Gagliardi

Faculty Scholarship

The Kyoto Protocol is the principal international agreement to reduce global climate change. The Clean Development Mechanism (CDM) helps achieve the Protocol’s objectives by allowing developed countries to pay for reductions of greenhouse gases in developing countries.

The developing countries that are most actively involved in the CDM – and that have the greatest potential for future involvement – are India, China and Brazil. The purpose of this article is to describe the CDM, the activities in these three countries under the CDM, and the current and future role of the United States under the CDM.


Dividend Taxation In Europe: When The Ecj Makes Tax Policy, Alvin C. Warren, Michael J. Graetz Jan 2007

Dividend Taxation In Europe: When The Ecj Makes Tax Policy, Alvin C. Warren, Michael J. Graetz

Faculty Scholarship

This article analyzes a complex line of recent decisions in which the European Court of Justice has set forth its vision of a nondiscriminatory system for taxing corporate income distributed as dividends within the European Union. We begin by identifying the principal tax policy issues that arise in constructing a system for taxing cross-border dividends and then review the standard solutions found in national legislation and international tax treaties. Against that background, we examine in detail a dozen of the Court's decisions, half of which have been handed down since 2006. Our conclusion is that the ECJ is applying a …


The Rise Of Independent Directors In The United States, 1950-2005: Of Shareholder Value And Stock Market Prices, Jeffrey N. Gordon Jan 2007

The Rise Of Independent Directors In The United States, 1950-2005: Of Shareholder Value And Stock Market Prices, Jeffrey N. Gordon

Faculty Scholarship

Between 1950 and 2005, the composition of large public company boards dramatically shifted towards independent directors, from approximately 20% independents to 75% independents. The standards for independence also became increasingly rigorous over the period. The available empirical evidence provides no convincing explanation for this change. This Article explains the trend in terms of two interrelated developments in U.S. political economy: first, the shift to shareholder value as the primary corporate objective; second, the greater informativeness of stock market prices. The overriding effect is to commit the firm to a shareholder wealth maximizing strategy as best measured by stock price performance. …


Auditing Standards Board (Asb) Meeting, August 14-16, 2007, Minneapolis, Mn, American Institute Of Certified Public Accountants. Auditing Standards Board Jan 2007

Auditing Standards Board (Asb) Meeting, August 14-16, 2007, Minneapolis, Mn, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.


Auditing Standards Board (Asb) Meeting, March 14, 2007, Conference Call; Asb Highlights March 2007, American Institute Of Certified Public Accountants. Auditing Standards Board Jan 2007

Auditing Standards Board (Asb) Meeting, March 14, 2007, Conference Call; Asb Highlights March 2007, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.


Auditing Standards Board (Asb) Meeting, May 15-17, 2007, New York, Ny, American Institute Of Certified Public Accountants. Auditing Standards Board Jan 2007

Auditing Standards Board (Asb) Meeting, May 15-17, 2007, New York, Ny, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.


Auditing Standards Board (Asb) Meeting, January 9-11, 2007, Houston, Tx; Asb Highlights January 2007, American Institute Of Certified Public Accountants. Auditing Standards Board Jan 2007

Auditing Standards Board (Asb) Meeting, January 9-11, 2007, Houston, Tx; Asb Highlights January 2007, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.


Auditing Standards Board (Asb) Meeting, October 23-24, 2007, Las Vegas, Nv, American Institute Of Certified Public Accountants. Auditing Standards Board Jan 2007

Auditing Standards Board (Asb) Meeting, October 23-24, 2007, Las Vegas, Nv, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.


Uniform Accountancy Act, Standards For Regulation Including Substantial Equivalency, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy Jan 2007

Uniform Accountancy Act, Standards For Regulation Including Substantial Equivalency, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy

Association Sections, Divisions, Boards, Teams

No abstract provided.


Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe Jan 2007

Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe

Faculty Scholarship

The legal status of international human rights litigation under the Alien Tort Statute (ATS) has been the subject of much debate, culminating in the Supreme Court's decision in Sosa v. Alvarez-Machain, 542 U.S. 692 (2004). The debate has been almost exclusively doctrinal and has focused on the Judiciary Act of 1789, the historical treatment of the law of nations as general or federal common law, the evolution of the Supreme Court's international law jurisprudence, and the integration of customary international law (CIL) into the domestic legal system.

This Article argues that the focus on doctrine masks underlying international relations …


A Critique Of The Efficient Performance Hypothesis, Jody S. Kraus Jan 2007

A Critique Of The Efficient Performance Hypothesis, Jody S. Kraus

Faculty Scholarship

The classic economic justification of contract law’s default remedy of expectation damages is grounded on the efficient breach hypothesis: that promisors should be permitted and encouraged to breach when the net gains from breach exceed the net gains from performance. Expectation damages ensure that all and only efficient breaches will occur because promisors will find breach profitable only if its benefits exceed the value of performance to the promisee. The efficient breach hypothesis, and the defense of expectation damages that rests on it, has long been criticized for being inconsistent with the moral intuition that promisors necessarily forfeit their right …


A World Without Marriage, Elizabeth S. Scott Jan 2007

A World Without Marriage, Elizabeth S. Scott

Faculty Scholarship

The legal status of marriage has become the focus of a great deal of controversy in recent years. Social and religious conservatives have voiced alarm at the decline of marriage in an era in which divorce rates are high and increasing numbers of people live in nonmarital families. For these advocates, social welfare rests on the survival (or revival) of traditional marriage. Meanwhile, critics from the left argue that marriage as the preferred and privileged family form will (and should) soon be a thing of the past. Some feminists, such as Martha Fineman and Nancy Polikoff, want to abolish legal …


Social Contagion Of Violence, Jeffrey A. Fagan, Deanna L. Wilkinson, Garth Davies Jan 2007

Social Contagion Of Violence, Jeffrey A. Fagan, Deanna L. Wilkinson, Garth Davies

Faculty Scholarship

In this chapter, we assess whether the roller-coaster pattern of homicides in New York City beginning in 1985 fits a contagion model and identify mechanisms of social contagion that predict its spread across social and physical space. This framework for interpreting the homicide trends as an epidemic includes two perspectives. First, the sharp rise and fall are indicative of a nonlinear pattern in which the phenomenon spreads at a rate far beyond what would be predicted by exposure to some external factor and declines in a similar pattern in which the reduction from year to year exceeds what might be …


Asthme Au Travail : Santé Animale : Fiche De Prévention, Brigitte Roberge, Éric Audet, Denyse Gautrin Jan 2007

Asthme Au Travail : Santé Animale : Fiche De Prévention, Brigitte Roberge, Éric Audet, Denyse Gautrin

Fiches

No abstract provided.


Asthme Au Travail : Plâtrage : Fiche De Prévention, Brigitte Roberge, Éric Audet, Denyse Gautrin Jan 2007

Asthme Au Travail : Plâtrage : Fiche De Prévention, Brigitte Roberge, Éric Audet, Denyse Gautrin

Fiches

No abstract provided.


Sussidiarietà E Sovranità Negli Ordinamenti Sovranazionali, Paolo G. Carozza Jan 2007

Sussidiarietà E Sovranità Negli Ordinamenti Sovranazionali, Paolo G. Carozza

Book Chapters

From the Introduction
Chapter 6

La tensione fra unità e diversità è inevitabile in qualsiasi contesto multinazionale che riunisca molteplici organizzazioni in un unico ente. Un esempio, anche se non certo l’unico, è l’Unione Europea, il cui motto «unità nella diversità» esplicita questa tensione. La leg-ge costituzionale dell’Unione Europea, come la legge internaziona-le e la politica in generale, nel mediare tra le due opposte tendenze si è basata principalmente sul concetto di sovranità. Scopo di que-sto contributo è argomentare come il principio di sovranità sia ina-deguato allo scopo di riconciliare pluralismo e unità, mentre il prin-cipio di sussidiarietà possa rappresentare …


Framing Family Court Through The Lens Of Accountability, Jane M. Spinak Jan 2007

Framing Family Court Through The Lens Of Accountability, Jane M. Spinak

Faculty Scholarship

Abolish Family Court. Merge it. Restructure it. Give it more power; give it less. Whatever recommendations were made during the two-day conference, not a single participant said that the current Court functioned well. That's hardly surprising. Barely twenty-five years after the first juvenile court was created, some of its chief protagonists expressed alarm about the Court's functioning. Those concerns are eerily similar to some of the current critiques that surfaced at the conference: insufficient resources, inadequate preventive services to keep children out of court, an overwhelmed probation service, judges without ample understanding of the complexities of families' lives, intervening in …


A Peroxisomal Acyltransferase In Mouse Identifies A Novel Pathway For Taurine Conjugation Of Fatty Acids., Sarah-Jayne Reilly, Eithne O'Shea, O'Byrne James, Stefan Alexson, Mary Hunt Jan 2007

A Peroxisomal Acyltransferase In Mouse Identifies A Novel Pathway For Taurine Conjugation Of Fatty Acids., Sarah-Jayne Reilly, Eithne O'Shea, O'Byrne James, Stefan Alexson, Mary Hunt

Articles

A wide variety of endogenous carboxylic acids and xenobiotics are conjugated with amino acids, before excretion in urine or bile. The conjugation of carboxylic acids and bile acids with taurine and glycine has been widely characterized and de-novo synthesized bile acids are conjugated to either glycine or taurine in peroxisomes. Peroxisomes are also involved in the oxidation of several other lipid molecules, such as very long chain acyl-CoAs, branched chain acyl-CoAs and prostaglandins. In this study we have now identified a novel peroxisomal enzyme called acyl-CoA:amino acid N-acyltransferase (ACNAT1). Recombinantly expressed ACNAT1 acts as an acyltransferase that efficiently conjugates very …


Adenoviral Mediated Gene Transfer Into The Dog Brain In Vivo, Marianela Candolfi, Kurt Kroeger, Elizabeth Pluhar, Chunyan Liu, Carlos Barcia, Josee Bergeron, Mariana Puntel, James Curtin, Elizabeth Mcniel, Andrew Freese, John Ohlfest, Peter Moore, William Kuoy, Pedro Lowenstein, Maria Castro Jan 2007

Adenoviral Mediated Gene Transfer Into The Dog Brain In Vivo, Marianela Candolfi, Kurt Kroeger, Elizabeth Pluhar, Chunyan Liu, Carlos Barcia, Josee Bergeron, Mariana Puntel, James Curtin, Elizabeth Mcniel, Andrew Freese, John Ohlfest, Peter Moore, William Kuoy, Pedro Lowenstein, Maria Castro

Articles

OBJECTIVE: Glioblastoma multiforme (GBM) is a devastating brain tumor for which there is no cure. Adenoviral-mediated transfer of conditional cytotoxic (herpes simplex virus [HSV] 1-derived thymidine kinase [TK]) and immunostimulatory (Fms-like tyrosine kinase 3 ligand [Flt3L]) transgenes elicited immune-mediated long-term survival in a syngeneic intracranial GBM model in rodents. However, the lack of a large GBM animal model makes it difficult to predict the outcome of therapies in humans. Dogs develop spontaneous GBM that closely resemble the human disease; therefore, they constitute an excellent large animal model. We assayed the transduction efficiency of adenoviral vectors (Ads) encoding beta-galactosidase (betaGal), TK, …