Digital Commons Network^™

National Juries For National Cases: Preserving Citizen Participation In Large-Scale Litigation, Laura Dooley

Scholarly Works

Procedural evolution in complex litigation seems to have left the civil jury behind. Reliance on aggregating devices, such as multidistrict litigation and class actions, as well as settlement pressure created by “bellwether” cases, has resulted in cases of national scope being tried by local juries. Local juries thus have the potential to impose their values on the rest of the country. This trend motivates parties to forum-shop, and some commentators suggest eliminating jury trials in complex cases altogether. Yet the jury is at the heart of our uniquely American understanding of civil justice, and the Seventh Amendment mandates its use …

The Constitutional Dimension Of Immigration Federalism, Clare Huntington

Faculty Scholarship

Although the federal government is traditionally understood to enjoy exclusive authority over immigration, states and localities are increasingly asserting a role in this field. This development has sparked vigorous debate on the propriety of such involvement, but the debate is predicated on a misunderstanding of the nature of federal exclusivity. Challenging the conventional wisdom that the Constitution precludes a meaningful role for state and local involvement in immigration.

This Article argues that the Constitution allows immigration authority to be shared among levels of government. After establishing the correctness of this view of immigration authority, this Article argues that the constitutionality …

Federal Grants, State Decisions, Brian Galle

Georgetown Law Faculty Publications and Other Works

The authority to raise and spend money is one of the most expansive and fundamental of all Congress' enumerated powers, particularly when Congress chooses to impose conditions on those who wish to receive its cash. The consensus modern view of this conditional spending is that its unfettered use threatens the diversity and accountability goals of our federalism. As a result, nearly all commentators support either direct or indirect judge-made limits on conditional spending. These claims, I argue, rest on a set of largely unexamined assumptions about the political motivations, budgetary situation, and incentives of the state officials who must decide …

Federal Fairness To State Taxpayers: Irrationality, Unfunded Mandates, And The 'Salt' Deduction, Brian Galle

Georgetown Law Faculty Publications and Other Works

By sheer dollars alone, the largest impact of the Alternative Minimum Tax is to deny many taxpayers the deduction for the taxes they paid to their state and local governments under § 164 of the Internal Revenue Code. This Article provides a fine-grained analysis of the overall fairness of the state- and local-tax deduction ¿ and, by implication, the fairness of its partial repeal through the Alternative Minimum Tax. I offer for the first time a close examination of how newly understood limits on taxpayer mobility and rationality might affect individuals' choices of bundles of local taxes and local government …

Constitutional Clichés, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Popular discourse on constitutional interpretation and judicial review tend to employ a series of catch phrases that have become constitutional clichés. Phrases such as “judicial activism,” “judicial restraint,” “strict construction,” “not legislating from the bench,” “Framers’ intent,” the “dead hand of the past,” and “stare decisis” so dominate public commentary on the Constitution and the courts that quite often that is all one hears. Unfortunately, even law professors are not immune. There was a time when each of these catch phrases meant something and, although each could mean something again, in current debates all have become trite and largely devoid …

Kurt Lash's Majoritarian Difficulty: A Response To A Textual-Historical Theory Of The Ninth Amendment, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Kurt Lash believes that, in addition to individual natural rights, the Ninth Amendment protects collective or majoritarian rights as well. In this essay the author explains why Lash’s majoritarian vision is contrary to the antimajoritarianism of the man who devised the Ninth Amendment, James Madison, and those who wrote the Constitution. Not coincidentally, it is contrary to the individualism of the other amendments constituting the Bill of Rights, and the public meaning of the Ninth Amendment as it was received during its ratification. It is also contrary to the individualist conception of popular sovereignty adopted in the text of the …

Incorporation And Originalist Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Does the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight amendments? And how should an originalist answer that question? This paper focuses on the latter question--the issues of originalist theory that are raised by judicial and scholarly debates over what is called "incorporation."

The inquiry proceeds in six parts. Part I answers the questions: "What is incorporation?" and "What is originalism?" Part II examines the theoretical framework for an investigation of incorporation that operates within the narrow confines of interpretation of the linguistic meaning text based on the assumption that the …

On The Commander-In-Chief Power, David Luban

Georgetown Law Faculty Publications and Other Works

Since September 11, the Bush administration has asserted broad, exclusive presidential war powers under the Commander in Chief Clause. However, the minimalist language of the Clause never specifies what powers a commander in chief possesses. This paper argues, based on military history, original understanding, and the contemporary theory of civilian-military relations, that the commander-in-chief power is narrow rather than broad. In ancient and feudal societies, like contemporary military dictatorships, civilian and military dominion are fused to consolidate power in the hands of a single leader – a warrior-king or fighting executive, whose military prowess validates the claim to civilian rule. …

Book Review Of Bradin Cormack, A Power To Do Justice: Jurisdiction, English Literature, And The Rise Of Common Law, 1509-1625 (2007), Jennifer Locke Davitt

Georgetown Law Faculty Publications and Other Works

"A Power to Do Justice" by Bradin Cormack is a scholarly work offering a critical examination of several sixteenth-century literary texts. Cormack shows how those texts reflect a shifting understanding of the legal concept of jurisdiction during that period.

A Running Start: Getting “Law Ready” During A Presidential Transition, James E. Baker

Georgetown Law Faculty Publications and Other Works

We are headed for our first wartime Presidential transition in forty years. The good news is that this has prompted uncommon attention to the process of transition. The bad news is that transitions are difficult in the best of circumstances; forewarned does not always equal prepared. The United States handles transitions well on a strategic level. Strategic continuity is found in the Constitution. Transition is also part of the rhythm of government. The intelligence community, for example, has a sound tradition of briefing candidates and Presidents-elect. However, there is tactical vulnerability. An outgoing administration may hesitate to initiate all but …

The Twenty Year Test: Principles For An Enduring Counterterrorism Legal Architecture, James E. Baker

Georgetown Law Faculty Publications and Other Works

The United States faces three enduring terrorism-related threats. First, there is the realistic prospect of additional attacks in the United States including attacks using weapons of mass destruction (“WMD”). Second, in responding to this threat, we may undermine the freedoms that enrich our lives, the tolerance that marks our society, and the democratic values that define our government. Third, if we are too focused on terrorism, we risk losing sight of this century’s other certain threats as well as the capacity to respond to them, including the state proliferation of nuclear weapons, nation-state rivalry, pandemic disease, oil dependency, and environmental …

No Reason To Believe: Radical Skepticism, Emergency Power, And Constitutional Constraint, David Cole

Georgetown Law Faculty Publications and Other Works

This essay reviews Eric Posner and Adrian Vermeule’s Terror in the Balance: Security, Liberty, and the Courts, which I consider the most serious, sustained, and thoughtful effort to defend the Bush administration’s aggressive tactics in the war on terror yet written. That the book is ultimately deeply flawed only underscores the failure of the Bush administration’s approach.

Where most historians view with regret the excesses of past security crises, from the criminalization of speech during World War I to the internment of Japanese Americans during World War II, Posner and Vermeule advance the contrarian view that the system worked exactly …

Fighting Women: The Military, Sex, And Extrajudicial Constitutional Change, Jill Elaine Hasday

Georgetown Law Faculty Publications and Other Works

The Supreme Court in Rostker v. Goldberg (1981) upheld male-only military registration, and endorsed male-only conscription and combat positions. Few cases have challenged restrictions on women's military service since Rostker, and none have reached the Supreme Court. Federal statutes continue to exclude women from military registration and draft eligibility, and military regulations still ban women from some combat positions. Yet many aspects of women's legal status in the military have changed in striking respects over the past quarter century while academic attention has focused elsewhere. Congress has eliminated statutory combat exclusions, the military has opened many combat positions to women, …

A Quality Agricultural Education Program: A National Delphi Study, Charles Cordell Jenkins Iii

University of Kentucky Master's Theses

The current body of knowledge concerning Agricultural Education quality in regards to its three components is not consistent and total program quality has not been defined scientifically. The purpose of this study was to determine quality indicators for instruction, SAE, and FFA according to experts (agricultural education teacher educators, state instructional staff, and high school teachers) across the United States. The conceptual framework for this study was the three circle model consisting of the three integral, intra-curricular components of Instruction, FFA, and SAE. This national study was descriptive in nature and utilized the Delphi technique to gather responses from an …

An Integrated Framework For Applying Lean Manufacturing And Other Strategies In Mass Customization Environments, Gregory Brandon Stump

University of Kentucky Master's Theses

Manufacturing organizations are facing fragmented markets and increased demand of variety from consumers. As a result, many of these firms have adopted mass customization manufacturing strategies in an effort to offer their customers the freedom of choice while maintaining operational efficiency. Lean manufacturing strategies have also seen heavy use in manufacturing environments. This study investigates the possibilities of integrating lean manufacturing principles and practices into mass customization environments in order to improve system performance. The feasibility of other manufacturing strategies such as agility, Quick Response Manufacturing and the Theory of Constraints assisting in the application of lean manufacturing for mass …

Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser

Cardozo Law Review

No abstract provided.

Genetic Deficiency Of Glycogen Synthase Kinase-3beta Corrects Diabetes In Mouse Models Of Insulin Resistance, Katsuya Tanabe, Zhonghao Liu, Satish Patel, Bradley W. Doble, Lin Li, Corentin Cras-Meneur, Sara C. Martinez, Cris M. Welling, Morris F. White, Ernesto Bernal-Mizrachi, James R. Woodgett, M. Alan Permutt

Open Access Publications

No abstract provided.

Longitudinal Analysis Of Levels Of Immunoglobulins Against Bk Virus Capsid Proteins In Kidney Transplant Recipients, P. Randhawa, D. Bohl, Daniel C. Brennan, K. Ruppert, B. Ramaswami, Gregory A. Storch, J. March, R. Shapiro, R. Viscidi

Open Access Publications

No abstract provided.

Epithelial Neutrophil-Activating Peptide (Ena-78), Acute Coronary Syndrome Prognosis, And Modulatory Effect Of Statins, Issam Zineh, Amber L. Beitelshees, Gregory J. Welder, Wei Hou, Nasser Chegini, Jun Wu, Sharon Cresci, Michael A. Province, John A. Spertus

Open Access Publications

No abstract provided.

Focus On Tils: Prognostic Significance Of Tumor Infiltrating Lymphocytes In Head And Neck Cancers, Ravindra Uppaluri, Gavin P. Dunn, James S. Lewis Jr.

Open Access Publications

No abstract provided.

The Histone H3k79 Methyltransferase Dot1l Is Essential For Mammalian Development And Heterochromatin Structure, Brendan Jones, Hui Su, Audesh Bhat, Hong Lei, Jeffrey Bajko, Sarah Hevi, Gretchen A. Baltus, Shilpa Kadam, Huili Zhai, Reginald Valdez, Susana Gonzalo, Yi Zhang, En Li, Taiping Chen

Open Access Publications

No abstract provided.

Notch And Presenilin Regulate Cellular Expansion And Cytokine Secretion But Cannot Instruct Th1/Th2 Fate Acquisition, Chin-Tong Ong, John R. Sedy, Kenneth M. Murphy, Raphael Kopan

Open Access Publications

No abstract provided.

Hedgehog Signaling Is Critical For Maintenance Of The Adult Coronary Vasculature In Mice, Kory J. Lavine, Attila Kovacs, David M. Ornitz

Open Access Publications

No abstract provided.

Aberrant Expression Of Oncogenic And Tumor- Suppressive Micrornas In Cervical Cancer Is Required For Cancer Cell Growth, Xiaohong Wang, Shuang Tang, Shu-Yun Le, Robert Lu, Janet S. Rader, Craig Meyers, Zhi-Ming Zheng

Open Access Publications

No abstract provided.

Chronic Antidiabetic Sulfonylureas In Vivo: Reversible Effects On Mouse Pancreatic Beta-Cells, Maria Sara Remedi, Colin G. Nichols

Open Access Publications

No abstract provided.

A Reverse Transcriptase-Pcr Assay For Detecting Filarial Infective Larvae In Mosquitoes, Sandra J. Laney, Caitlin J. Buttaro, Sabato Visconti, Nils Pilotte, Reda M. R. Ramzy, Gary J. Weil, Steven A. Williams

Open Access Publications

No abstract provided.

The Pparα-Pgc-1Α Axis Controls Cardiac Energy Metabolism In Healthy And Diseased Myocardium, Jennifer G. Duncan, Brian N. Finck

Open Access Publications

No abstract provided.

Nucleophosmin Serves As A Rate-Limiting Nuclear Export Chaperone For The Mammalian Ribosome, Leonard B. Maggi Jr., Michael Kuchenruether, David Y. A. Dadey, Rachel M. Schwope, Silvia Grisendi, R. Reid Townsend, Pier Paolo Pandolfi, Jason D. Weber

Open Access Publications

No abstract provided.

Prevalence And Mechanisms Of Broad-Spectrum Β-Lactam Resistance In Enterobacteriaceae: A Children's Hospital Experience, Xuan Qin, Danielle M. Zerr, Scott J. Weissman, Janet A. Englund, Donna M. Denno, Eileen J. Klein, Phillip I. Tarr, Justin Kwong, Jennifer R. Stapp, Luis G. Tulloch, Emmanouil Galanakis

Open Access Publications

No abstract provided.

Platypus Globin Genes And Flanking Loci Suggest A New Insertional Model For Beta-Globin Evolution In Birds And Mammals, Vidushi S. Patel, Steven Jb Cooper, Janine E. Deakin, Bob Fulton, Tina Graves, Wesley C. Warren, Richard K. Wilson, Jennifer Am Graves

Open Access Publications

No abstract provided.