Digital Commons Network^™

Common Ground: The Case For Collaboration Between Anti-Poverty Advocates And Public Interest Intellectual Property Advocates, Deborah J. Cantrell

Publications

This article examines the previously unappreciated common ground between scholars and advocates who work to eliminate poverty, and scholars and advocates who work on intellectual property issues in the public interest. The article first illustrates how scholars and advocates working on poverty and on public interest intellectual property have relied on rights talk to frame their social movements. Under the conventional narrative, the framing has accentuated differences between the movements. As the Article explains, the two movements share core principles and should recognize shared interests and goals. By developing a new model of how to view public interest movements, the …

The Next Frontier For Network Neutrality, Philip J. Weiser

Publications

The challenge for policymakers evaluating calls to institute some form of network neutrality regulation is to bring reasoned analysis to bear on a topic that continues to generate more heat than light and that many telecommunications companies appear to believe will just fade away. Over the fall of 2007, the hopes of broadband providers that broadband networks could escape any form of regulatory oversight were dealt a blow when it was revealed that Comcast had degraded the experience of some users of Bittorent (a peer-to-peer application) and engaged in an undisclosed form of network management. This incident, as well as …

Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson

Publications

HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that …

Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson

Publications

This article explains that under international law nations are not permitted to use force to impose democracy on other nations and that such an approach is also impracticable and undesirable from a policy perspective.

The Ethics Of Collaborative Law, Scott R. Peppet

Publications

The practice of Collaborative Law - in which both parties agree that should their case fail to settle, both lawyers will be disqualified from proceeding to court - has grown rapidly in the family bar over the last decade. At the same time, the ethics of this practice have been called into question. Competing ethics opinions in 2007 - from the Colorado Bar Association and the American Bar Association - alternately ban and permit the practice. This Article tries to clarify the underlying ethical issues in Collaborative Law, arguing that much confusion has resulted from imprecise understandings of what the …

Government Workers And Government Speech, Helen Norton

Publications

This essay, to be published in the First Amendment Law Review's forthcoming symposium issue on Public Citizens, Public Servants: Free Speech in the Post-Garcetti Workplace, critiques the Supreme Court's decision in Garcetti v. Ceballos as reflecting a distorted understanding of government speech that overstates government's own expressive interests while undermining the public's interest in transparent government.

In Garcetti, the Court held that the First Amendment does not protect public employees' speech made "pursuant to their official duties," concluding that a government employer should remain free to exercise "employer control over what the employer itself has commissioned or created." …

United States Copyright Fair Use Checklist, Kenneth D. Crews

Copyright, Fair Use, Scholarly Communication, etc.

Copyright fair use checklist available for scholars, students, and others to determine whether a use of copyrighted material may be considered a fair use. This document is meant to provide guidance for individuals to make their own determinations about whether a use may be considered a fair use. It does not constitute legal advice.

Introduction to the Checklist

The Fair Use Checklist and variations on it have been widely used for many years to help educators, librarians, lawyers, and many other users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law …

Interferon Alfacon 1 Inhibits Sars-Covinfection In Human Bronchial Epithelial Calu-3 Cells, Y. Kumaki, C. W. Day, M. K. Wandersee, B. P. Schow, J. S. Madsen, D. Grant, J. P. Roth, Donald F. Smee, L. M. Blatt, Dale L. Barnard

Animal, Dairy, and Veterinary Science Faculty Publications

The primary targets for SARS-CoV infection are the epithelial cells in the respiratory and intestinal tract. The angiotensin-converting enzyme 2 (ACE-2) has been identified as a functional receptor for SARS-CoV. ACE-2 has been shown to be expressed at the apical domain of polarized Calu-3 cells. In this report, interferon alfacon 1 was examined for inhibitory activities against SARS-CoV on human lung carcinoma epithelial Calu-3 cell line and the other three African green monkey kidney epithelial cell lines. Interferon alfacon 1 demonstrated significant antiviral activity in neutral red uptake assay and virus yield reduction assay. The data might provide an important …

Popular Election Of The President: Using Or Abusing The Electoral College?, Jennifer S. Hendricks

Publications

No abstract provided.

Energy Security: Security For Whom?: A Response To Matthew Smith And Naing Htoo, Vivek Krishnamurthy

Publications

No abstract provided.

Anxiety And Remediation: The Photographic Images Of Kerry Skarbakka, Corey Dzenko

Hemisphere: Visual Cultures of the Americas

No abstract provided.

Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins

Faculty Publications

No abstract provided.

In Search Of Removal Jurisdiction, Scott Dodson

Faculty Publications

The ubiquitous and somewhat careless use of the term “jurisdictional” by courts has spawned confusion over what is and is not jurisdictional in a variety of contexts, including removal. The issue has critical implications for litigants. Yet it lacks scholarly coverage and is the subject of deep divisions in the lower courts. In this article, I develop an initial framework for tackling the jurisdictional/procedural characterization issues of the removal statute. I build upon the groundwork laid by prior precedent and modify it to account for the quasi-jurisdictional nature of removal and its impact on the federal-state balance of power. I …

Balancing Competing Interests In Bankruptcy: Discharge By Certificate Of The Official Assignee In Singapore, S. Chandra Mohan

Research Collection Yong Pung How School Of Law

After more than a hundred years, Singapore made major reforms to its bankruptcy laws in 1995. These changes attracted considerable public interest, with the Government taking pains to emphasise that the new law was designed to strike a balance between the interest of the debtor, the creditor and society. The greatest scrutiny of the provisions, to determine whether in law and in practice the competing interests of debtors and creditors could effectively be balanced, was in respect of the discharge provisions. In this article, the writer, who was then the Official Assignee, discusses how the novel remedy of discharge by …

Civil Liabilities For False Or Misleading Statements Made By Listed Companies To The Securities Markets In Singapore, Wai Yee Wan

Research Collection Yong Pung How School Of Law

This article examines the scope and efficacy of the civil remedies available to investors against listed companies which have made false or misleading statements in the secondary securities market in Singapore, both at common law and the statutory compensation scheme under the Securities and Futures Act. It argues that there are a number of limitations faced by such investors in bringing claims founded in tort law against the listed companies. While the statutory compensation scheme attempts to improve the position of investors, there are a number of deficiencies in the scheme the most significant of which is the ceiling on …

Inguinal Hernia Repair At The Aga Khan Hospital, Nairobi: Practice And Preference Discordance, Ronald Wasike, Abdulkarim Abdallah

General Surgery, East Africa

Objectives: To review the current hernia repair methods at the Aga Khan University Hospital (AKUH) and relate to the preferred method of choice for groin hernia repair among the practicing general surgeons.

Design: An audit from retrospective practices.

Setting: A tertiary referral hospital, Aga Khan University Hospital, Nairobi.

Subjects: All elective adult hernia repairs performed at the Aga Khan University Hospital, Nairobi between 2004-5 by all surgeons with admitting privileges were reviewed. The methods of repair were noted. A questionnaire was also availed to the admitting surgeons to indicate their preferred method, and this was correlated with the audit results. …

Resisting The Socialist Fetish, Shubhankar Dam

Research Collection Yong Pung How School Of Law

No abstract provided.

The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer

Faculty Publications

No abstract provided.

The Well-Being Of Nations: Linking Together Trust, Cooperation, And Democracy, William Tov, Ed Diener

Research Collection School of Social Sciences

The theme of this chapter is that cooperative and trusting social relationships tend to enhance people’s subjective well-being (happiness and life satisfaction), and that in turn positive feelings of well-being tend to augment cooperation and trust. Extensive empirical work now supports the fact that sociability, interpersonal warmth, community involvement, and interpersonal trust are heightened by positive emotions. New analyses based on the World Value Survey show that nations that are high on subjective well-being (SWB) also tend to be high on generalized trust, volunteerism, and democratic attitudes. Additional analyses indicate that the association of SWB to volunteerism and democratic attitudes …

Discussion Of Balistreri, Hillberry, And Rutherford (2007): Structural Estimation And Solution Of International Trade Models With Heterogeneous Firms, Davin Chor

Research Collection School Of Economics

No abstract provided.

Flirting With A Flourish, Manoj Thulasidas

Research Collection School Of Computing and Information Systems

Sophistication is a French invention. The French are masters when it comes to nurturing, and more importantly, selling sophistication. Think of some expensive (and therefore classy) brands. Chances are that more than half of the ones that spring to mind would be French. And the other half would be distinctly French-sounding wannabes.

When You Have To Dump It, M. Thulasidas

Research Collection School Of Computing and Information Systems

It makes sense to cut further losses and such containment efforts are routine events in most establishments.

Becoming A Better Leader, David Chan

Research Collection School of Social Sciences

Corporate crises put a lot of mental stress on CEOs. David Chan, professor at Singapore Management University, thinks that psychology can help those at the top. One lesson: Don't fall in the regret trap. The good thing: Crises can make CEOs grow.

Anarcho-Multiculturalism: The Pure Theory Of Liberalism, Chandran Kukathas

Research Collection School of Social Sciences

Most modern states today are, at least to some degree, culturally diverse.Trade, tourism, international dialogue among scholars, scientists, and artists,and the movement of skilled labor—as well as migration—have ensured thatfew countries do not contain within them significant numbers of people fromalien cultures. The one cultural minority found almost everywhere is the international frequent flyer. Many societies today are multicultural because theyare open to a diversity of peoples who come and go and, sometimes, stay.

Ideological Cohesion And Precedent (Or Why The Court Only Cares About Precedent When Most Justices Agree With Each Other), Neal Devins

Faculty Publications

This Article examines the profound role that ideological cohesion plays in explaining the Supreme Court's willingness to advance a coherent vision of the law - either by overruling precedents inconsistent with that vision or by establishing rule-like precedents intended to bind the Supreme Court and lower courts in subsequent cases. Through case studies of the New Deal, Warren, and Rehnquist Courts, this Article calls attention to key differences between Courts in which five or more Justices pursue the same substantive objectives and Courts which lack a dominant voting block. In particular, when five or more Justices pursue the same substantive …

Reforming Our Wasteful Hazardous Waste Policy, Jonathan H. Adler

Faculty Publications

Federal hazardous waste regulation and cleanup programs suffer from poor prioritization, insufficient flexibility, high costs, and questionable benefits. Many of these problems are a result of excessive regulatory centralization. The federal government has assumed primary responsibility for hazardous waste policy, placing states in a secondary role, even though the environmental threats posed by hazardous waste are generally quite localized. Hazardous waste itself is not a form of pollution, but rather a “precursor to pollution.” It only becomes an environmental problem when mismanaged, and allowed to contaminate land or water. Properly managed, however, hazardous waste is not a particularly pressing environmental …

Perpetual Dissents, Allison Orr Larsen

Faculty Publications

No abstract provided.

Abbott Labs V. Gardner, 387 U.S. 136 (1967), Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Why Protect Private Arms Possession? Nine Theories Of The Second Amendment, Michael S. Green

Faculty Publications

No abstract provided.

Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.