Digital Commons Network^™

Administrative Law As The New Federalism, Gillian E. Metzger

Faculty Scholarship

Despite the recognized impact that the national administrative state has had on the federal system, the relationship between federalism and administrative law remains strangely inchoate and unanalyzed. Recent Supreme Court case law suggests that the Court is increasingly focused on this relationship and is using administrative law to address federalism concerns even as it refuses to curb Congress's regulatory authority on constitutional grounds. This Article explores how administrative law may be becoming the new federalism and assesses how well-adapted administrative law is to performing this role. It argues that administrative law has important federalism-reinforcing features and represents a critical approach …

The Conservative Case For Precedent, Thomas W. Merrill

Faculty Scholarship

This Essay offers some reasons why conservatives should favor giving great weight to precedent in constitutional adjudication. Let me start with some preliminary observations about the debate between originalism and precedent more generally.

First, the debate has been dominated to far too great an extent by specific cases, Roe v. Wade in particular. It is distressing that the only issue that has seemed to matter in recent confirmation hearings is what a nominee thinks about Roe v. Wade. Similarly, in the precedent versus originalism debate, much of the discussion – even in the law reviews – is animated by …

The Perils Of Theory, Peter L. Strauss

Faculty Scholarship

As I recall, Professor Clark had more sense than to be my student at Columbia, but I heard a lot about him from admiring colleagues. Clearly he has fulfilled the promise they saw, and this remarkable Symposium is only one indicator of that. The article to which our attention is properly drawn, more than two and a quarter centuries into our nation's history, has an originalist base, tightly and persuasively focused on original understandings of the Supremacy Clause. Professor Clark lays out a cogent account of the Clause's politics and the centrality of its language to the most fundamental of …

Sovereign Wealth Funds And Corporate Governance: A Minimalist Response To The New Mercantilism, Ronald J. Gilson, Curtis J. Milhaupt

Faculty Scholarship

Keynes taught years ago that international cash flows are always political. Western response to the enormous increase in the number and the assets of sovereign wealth funds (SWFs), and other government-directed investment vehicles that often get lumped together under the SWF label, proves Keynes right. To their most severe critics, SWFs are a threat to the sovereignty of the nations in whose corporations they invest. The heat of the metaphors matches the volume of the complaints. The nations whose corporations are targets of investments are said to be threatened with becoming "sharecropper" states if ownership of industry moves to foreign-government …

A Matter Of Fit: The Law Of Discrimination And The Science Of Implicit Bias, David L. Faigman, Nilanjana Dasgupta, Cecilia L. Ridgeway

Faculty Scholarship

No abstract provided.

A Darwinist View Of The Living Constitution, Scott Dodson

Faculty Scholarship

No abstract provided.

Preemption And Institutional Choice, Thomas W. Merrill

Faculty Scholarship

Public law scholarship is increasingly turning from questions about the content of law to questions about which institution should determine the content of the law – that is, to "deciding who decides." Implicit in this turn is the understanding that public law – including broadly not just constitutional law, but also administrative law and statutory interpretation – consists of norms that are contestable and changing. In a world of normative flux, the question naturally occurs: Who should be responsible for "say[ing] what the law is?" The answer traditionally given by American legal academics – the federal courts, and especially the …

Overseers Or "The Deciders" – The Courts In Administrative Law, Peter L. Strauss

Faculty Scholarship

For the second time in a short period, Professors Miles and Sunstein have brought powerful tools of statistical analysis and diligent coding of circuit court of appeals opinions together to demonstrate what the Realists long ago taught us to suspect, that significant elements of judging can be explained in terms of the jurist's political world view – that the tension between law and politics is alive in judicial work as elsewhere and that it is only an aspiration to seek a world of laws and not of men. Elements of their work, though, appear as if in criticism of contemporary …

Duty To The Unborn: A Response To Smolensky, Jaime S. King

Faculty Scholarship

No abstract provided.

Where's The Beef? Facilitating Voluntary Retirements Of Federal Lands From Livestock Grazing, John D. Leshy, Molly S. Mcusic

Faculty Scholarship

No abstract provided.

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Articles

No abstract provided.

The Permissible Reach Of National Environmental Policies, Henrik Horn, Petros C. Mavroidis

Faculty Scholarship

Trading nations exchange tariff concessions in the context of trade liberalizing rounds. Tariffs, nonetheless, are not the only instrument affecting the value of a concession. Domestic instruments affect it as well, but public order is not negotiable, and, consequently, is not scheduled. Public order is unilaterally defined, but must respect the default rules concerning allocation of jurisdiction which are common to all WTO Members and bind them by virtue of their appurtenance to the international community. In this paper, we focus on the interaction between trade and environment. The purpose of this study is to highlight how these rules and …

Silence Of The Laws? Conceptions Of International Relations And International Law In Hobbes, Kant, And Locke, Michael W. Doyle, Geoffrey S. Carlson

Faculty Scholarship

This Essay explains how the political theorists Hobbes, Kant, and Locke interpret the decision to go to war (us ad bellum) and the manner in which the war is conducted (just in bello). It also considers the implications of the three theories for compliance with international law more generally. It concludes that although all three can lay claim to certain key features of modern international law, it is Locke who provides the most complete support for both the laws of war, in particular, and with international law, in general.

In Search Of Removal Jurisdiction, Scott Dodson

Faculty Scholarship

No abstract provided.

Community Based Epidemiological Study Of Chagas Disease In Rural Peru, Paul Walker

Yale Medicine Thesis Digital Library

The purpose of this study was to evaluate the epidemiology of Trypanosoma cruzi infection, to valuate the TESA blot, and to characterize cardiac findings of patients with Chagas disease in a rural setting near Arequipa, Peru. The study site was the town of Quequeña, Peru with a population of 774 with 236 inhabitants under the age of 18 according to the 2005 census conducted by Peru. A fumigation/insect collection campaign was done in December of 2006 to quantify household infestation levels, document housing characteristics, and GPS household locations. Of the 602 people surveyed to be living in Quequeña, blood samples …

A Phonological Description Of Wichí: The Dialect Of Misión La Paz, Salta, Argentina, Megan Leigh Zdrojkowski Avram

Master's Theses and Doctoral Dissertations

The Wichí language, a member of the Matacoan language family, is spoken in parts of South America’s Chaco region. Specifically, Wichí is found in the Salta, Chaco, and Formosa provinces of Argentina, as well as in southeastern Bolivia. Wichí is an endangered language, with speakers numbering c. 25,000 (although estimates vary greatly). This study aims to contribute to the documentation of Wichí and to our understanding of human language in general by providing insight into the phonetics and phonology of the dialect of Wichí spoken in the remote village of Misión La Paz, Salta, Argentina. The data for this study …

Voices Of Poverty: Perspectives Of One School's Student, Teachers. And Parents, Kristen Weatherwax

Master's Theses and Doctoral Dissertations

This qualitative study examines the challenges of poverty through the stories of students and their families in one Michigan elementary school. The goal was to explore the needs, challenges, and obstacles confronting children in poverty in a small Michigan town by focusing on the perspectives and experiences of low-income students and their parents/guardians. Two families and one teacher were interviewed in depth, using open-ended, semi-structured interview techniques. Two case studies were constructed from the content of the interviews, and key thematic findings that emerged revealed ongoing stress, fear, sadness, and frustration with which the children lived, as well as strong …

"I'M Sorry, I Can't Answer That": Supreme Court Confirmations, Judicial Independence, And Positive Legal Scholarship, Lori A. Ringhand

Scholarly Works

The United States Constitution grants to the Senate the duty to provide its “advice and consent” to the appointment of Supreme Court Justices. Just how senators should exercise that duty, however, is deeply contested. Much of the dispute about the Senate's role involves the appropriate scope of questions the senators should ask, and what nominees should be expected to answer, at the confirmation hearing held by the Senate Judiciary Committee. Opponents of vigorous senatorial questioning argue that such questioning infringes on the independence of the judiciary; proponents argue that the nominees' failure to answer probing questions hinders the Senate's constitutional …

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, Peter A. Appel, T. Rick Irvin, Julie M. Mcentire, J. Chris Rabon

Scholarly Works

This Article posits that in response to adoption of Kyoto Protocol targets by governments and multi-national corporations overseas that comprise significant portions of the global economy as well as global financial markets, businesses and state and local governments in the U.S. are also being driven by necessity to undertake sustainable commerce initiatives. Businesses in the EU and other Kyoto-compliant regions that have implemented sustainable commerce programs now require overseas vendors and suppliers-including those in the U.S.-to implement their own sustainable commerce initiatives as a condition of approved supplier status. New EU environmental regulations developed in part to meet Kyoto-specified emissions …

Culture, Sovereignty, And Hollywood: Unesco And The Future Of Trade In Cultural Products, Christopher M. Bruner

Scholarly Works

On October 20, 2005, the General Conference of the United Nations Educational, Scientific and CulturalOrganization (UNESCO) adopted a treaty - by a vote of 148-2, with 4 abstentions - that legitimates domestic legal measures aimed at the protection of local producers of cultural activities, goods and services. Opposed by the United States and Israel, the Convention represents a major diplomatic victory for Canada and France - its principal proponents - and a major blow to Hollywood and the United States, audiovisual products being among America's most lucrative exports. Both Canada and France, like many countries around the world, have long …

Dole’S Future: A Strategic Analysis, Neil S. Siegel

Faculty Scholarship

As the U.S. Supreme Court imposes federalism-based limits on congressional power under the Commerce Clause and Section Five of the Fourteenth Amendment, Congress may be tempted to turn to the conditional spending power in order to achieve goals that it cannot realize directly. In this article I address whether a danger exists, as some suggest, that such use of the Spending Clause would render the Court more likely to cut back on its scope, narrowing or overruling South Dakota v. Dole, 483 U.S. 203 (1987). Using doctrinal analysis and game theory, I conclude that Congress should proceed with some but …

Neuronal Regeneration In Denervated Muscle Following Sensory And Muscular Neurotization, Shahryar Noordin, Mahmood Ahmed, Rasham Rehman, Tashfeen Ahmad, Pervaiz Hashmi

Section of Orthopaedic Surgery

Background and Purpose: Neurotization of denervated muscles has been shown to improve muscle bulk, but the neuronal regeneration response has not been compared previously in different surgical techniques of neurotization. Thus, using a rat model of experimental skeletal muscle denervation, we studied neuronal regeneration following sensory neurotization by two methods: sensory nerve to motor branch of muscle and direct sensory nerve implantation to muscle.
Material and Methods: The lateral head of the gas-trocnemius muscle was denervated in 36 rats, of which the first 12 served as denervated controls. In the second group of 12, the sural nerve was anastomozed to …

Books And Letters Vol. 22, No. 2, University Libraries, Molly Boyd, Anne Marie Candido, Tom W. Dillard, Juana R. Young, Ellen Compton, Necia Parker-Gibson, Amy Hardin

Books and Letters

Mysteries, Mistresses & Murder: Three Arkansas Authors; Arkansas Democrat Oral History Project; In Memoriam: Herb Fowler and John Williams; Happy Anniversary, Mullins Library!; Research Wizard; Amy Hardin: Library Intern; In Memoriam: Kinne Colpitts; Art Exhibits: Photographs and 3 Dimensions; A Note of Thanks!

Pre-Commencement Discovery And The Odex Litigation: Copyright Versus Confidentiality Or Is It Privacy?, Sze Shun, George Wei

Research Collection Yong Pung How School Of Law

This article examines whether internet service providers are under any duty to disclose the names of subscribers whose accounts can be shown to be associated with infringing activity. This question involves tension between the economic interests of copyright owners/licensees, the privacy interests of internet users and the economic interests of the internet service provider. This tension in turn raises age-old problems of balance and proportionality between privacy, confidentiality and other competing rights and freedoms as well as the interests of society at large. The article concludes by briefly touching on privacy areas from outside of copyright and the Internet: including …

Indigenous Legal Traditions, Cultural Rights, And Tierras Colectivas: A Jurisprudential Reading From The Emberá-Wounaan Community, Lauren Koller-Armstrong

Tribal Law Journal

This paper provides an overview of the Emberá-Wounaan indigenous group of Panama in the context of its legal traditions, worldview, and socio-political organization. In addition, this work examines how overlapping systems of tribal law and national Panamanian law have shaped 1) the tribe's geographic boundaries; and 2) environmental management in tribal communities

Toda Cambia Y Todo Sigue Siendo Igual (The More Things Change, The More The Stay The Same): How Fifteen Years Later The Constant Threat Of An End To The Zapatistas Continues To Justify Their Means, Pamela Genghini Hernandez

Tribal Law Journal

This article gives a chronological account of the events pre-dating the uprising of January 1, 1994 and the Zapatista struggle through the years. The author examines these events in light of indigenous self-determination, taking into consideration conditions within Mexico, to defend the course of action taken by the EZLN as a means of creating a space for themselves within Mexican society. The author argues the current state of federal Mexican law and international law do not leave Indigenous Peoples, including the EZLN, viable options for resolving injustices committed against them. She also provides an overview of the structure that the …

Temporal And Functional Profile Of The Transcriptional Regulatory Network In The Early Regenerative Response To Partial Hepatectomy In The Rat., Egle Juskeviciute, Rajanikanth Vadigepalli, Jan B Hoek

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: The goal of these studies was to characterize the transcriptional network regulating changes in gene expression in the remnant liver of the rat after 70% partial hepatectomy (PHx) during the early phase response including the transition of hepatocytes from the quiescent (G0) state and the onset of the G1 phase of the cell cycle. RESULTS: The transcriptome of remnant livers was monitored at 1, 2, 4, and 6 hours after PHx using cDNA microarrays. Differentially regulated genes were grouped into six clusters according their temporal expression profiles. Promoter regions of genes in these clusters were examined for shared transcription …

Elucidating A Normal Function Of Huntingtin By Functional And Microarray Analysis Of Huntingtin-Null Mouse Embryonic Fibroblasts., Hua Zhang, Sudipto Das, Quan-Zhen Li, Ioannis Dragatsis, Joyce Repa, Scott Zeitlin, György Hajnóczky, Ilya Bezprozvanny

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: The polyglutamine expansion in huntingtin (Htt) protein is a cause of Huntington's disease (HD). Htt is an essential gene as deletion of the mouse Htt gene homolog (Hdh) is embryonic lethal in mice. Therefore, in addition to elucidating the mechanisms responsible for polyQ-mediated pathology, it is also important to understand the normal function of Htt protein for both basic biology and for HD. RESULTS: To systematically search for a mouse Htt function, we took advantage of the Hdh +/- and Hdh-floxed mice and generated four mouse embryonic fibroblast (MEF) cells lines which contain a single copy of the Hdh …

Effects Of Blueberries On Mortality Rates And Indy Gene Expression In Drosophila Melanogaster, Jenna N. Derr, Tamara L. Smith, Kimberly A. Carlson

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Aging may involve free radical accumulation, which causes cell damage. Foods with antioxidant properties, such as blueberries, have been implicated as being able to extend the longevity of an organism. In addition to environmental factors, genetics also plays a role in aging and death.. In Drosophila melanogaster, one of the genes involved in longevity is Indy (I'm not dead yet). Mutations to this gene have demonstrated the ability to increase lifespan. The objective of this experiment was to determine if blueberries added to instant fly food affects mortality rates and Indy gene expression profiles of female D. …

Intelligent Modular Tool For Emergency Surgical Treatment During Payloadcritical Missions, David J. Miller, Evan Luxon, Carl A. Nelson

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

During any extended mission to an extreme environment (i.e. the International Space Station, a lunar base or a manned mission to Mars) the chances of an otherwise minor mJury becoming life threatening grow to be significant. In order to address these concerns, equipment must be provided to diagnose and treat a wide range of possible afflictions while direct contact with Earth-based physicians is impossible. Minimally invasive surgery (MIS) is an excellent treatment option due to its history of decreasing trauma in patients and speeding recovery. In an effort to provide the maximum functionality for any given MIS procedure, an intelligent …