Digital Commons Network^™

Relevance For Food Safety Of Applications Of Nanotechnology In The Food And Feed Industry, Iona Pratt, Catherine Adley, Gordon Chambers, Wayne Anderson

Articles

The application of nanotechnology in the food and feed industry offers many potential benefits for both consumers and manufacturers.The ultrafine dimensions of nanoparticles, and consequently their very large surface area, enable them to function more effectively than conventional macro-scale structures in many applications. Nanotechnology is however a relatively new area of science and the benefits and risks associated with its use in the food and feed industry are not fully understood at this time.This brings with it new challenges in ensuring the safety of food and feed that has been produced with the aid of nanotechnology. This report provides an …

Intuition, Morals, And The Legal Conversation About Gay Rights, Suzanne B. Goldberg

Faculty Scholarship

When lawyers and judges converse in litigation, factual and legal analysis typically takes center stage. Yet, when the legal conversation turns to the rights of lesbians, gay men, and bisexuals, the ground shifts. Intuition and morals rationales often displace evidence-based reasoning. More specifically, arguments to limit the rights of lesbians and gay men tend to depend explicitly on intuition, and sometimes morality, in ways that contemporary arguments to restrict the rights of other social groups rarely do.

In addressing this dissonance, this essay has two central aims. The first is simply to observe the disproportionate openness to arguments based on …

The Metaphysics Of Mind And The Practical Science Of The Law, Sarah Seo, John F. Witt

Faculty Scholarship

In “Mind of a Moral Agent,” Susanna Blumenthal elegantly limns the rise and partial fall of the common sense theory of moral responsibility in American law. As Blumenthal convincingly describes it, the problem for early American jurists was nothing less than to solve the paradox of determinism and free will. How can the law declare someone morally culpable unless we are free to choose our own ends?

After the Revolution, according to Blumenthal’s account, American doctors and jurists turned to a sunny, Scottish Enlightenment theory of moral responsibility. In place of the tortured moral gymnastics of an older generation of …

Seqra And Climate Change, Michael B. Gerrard

Faculty Scholarship

New York's State Environmental Quality Review Act (SEQRA) is the centerpiece of environmental decision-making in the state. It requires state and local agencies to prepare environmental impact statements (EISs) for actions that could significantly affect the environment. SEQRA has become the principal framework for the identification and mitigation of environmental impacts.

The text of SEQRA provides that EISs should discuss the "effects of the proposed action on the use and conservation of energy resources, where applicable and significant." EISs under SEQRA are also required to consider, among many other things, a project's effects on air pollution. Since the main source …

A House Still Divided, Clare Huntington

Faculty Scholarship

In response to Adam B. Cox, Immigration Law's Organizing Principles, 157 U. PA. L. REv. 341 (2008).

Adam Cox's Immigration Law's Organizing Principles contests the traditional view that immigration law and alienage law – in his terms, "selection rules" and "regulation rules" – are distinct categories with legal and moral salience. Building upon prior scholarship that also called the distinction into question, Cox offers important insights into why this dividing line does not have the sharp conceptual edges that the jurisprudence would suggest exist. Despite the analytical persuasiveness of Cox's argument, I am not convinced that it will destabilize the …

The Constitutional Dimension Of Immigration Federalism, Clare Huntington

Faculty Scholarship

In Farmers Branch, Texas, the city council enacted a measure to fine landlords who rent their premises to unauthorized migrants, and in Arizona, the state legislature passed a law imposing stiff penalties on employers who intentionally or knowingly hire unauthorized migrants. In San Francisco, the board of supervisors passed a measure that bars law enforcement officers from inquiring into the immigration status of an individual in the course of a criminal investigation. In Alabama and Florida, state officials have entered into agreements with the federal government permitting state law enforcement officers to arrest and detain non-citizens on immigration charges. Other …

Repairing Family Law, Clare Huntington

Faculty Scholarship

Scholars in the burgeoning field of law and emotion have paid surprisingly little attention to family law. This gap is unfortunate because law and emotion has the potential to bring great insights to family law. This Article begins to fill this void — and inaugurate a larger debate about the central role of emotion in family law — by exploring the intriguing and significant consequences for the regulation of families that flow from a theory of intimacy first articulated by psychoanalytic theorist Melanie Klein. According to Klein, individuals love others, inevitably transgress against those they love out of hate and …

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

Faculty Scholarship

Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street comers, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …

Equality Opportunity: Marriage Litigation And Iowa's Equal Protection Law, Suzanne B. Goldberg

Faculty Scholarship

Discrimination claims against longstanding rules invite the public and the courts to rethink the status quo and address overarching legal and social commitments to equality together with questions specific to the case at hand. Lawsuits seeking marriage rights for same-sex couples quintessentially illustrate this multilayered nature of law reform litigation, as the debates they provoke focus not only on the rights of same-sex couples but also on the meaning of marriage and the meaning of equality more generally. While few other than lawyers, judges, and perhaps some reporters actually read the equal protection and due process arguments that the presiding …

Children, Kin, And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Joshua Gupta-Kagan

Faculty Scholarship

Millions of American children are raised primarily by people other than their parents, mostly by grandparents and other kin, and millions more are raised by third parties for some period of their childhood. In most such situations, informal arrangements negotiated by family members and kinship networks effectively provide care for these children. Many cases, however, require some formal legal arrangement; third party custody orders are needed to obtain necessary services and benefits for children whose parents are absent, and to protect children in the rare but still significant instances in which a parent is abusive or neglectful.

States currently have …

Are We Over-Lawyering International Affairs, Philip C. Bobbitt, John D. Hutson, John C. Yoo, Philip D. Zelikow, Edwin D. Williamson

Faculty Scholarship

This panel will discuss the role of lawyers — particularly government lawyers — in addressing questions of legal policy. We will discuss fundamental questions such as: Should lawyers decide legal policy? Or, is that best left to the policymakers? Should lawyers give advice as to legal policy, or should they stick to providing answers as to what the law is? How should lawyers respond to what a policymaker thinks is the legal question, but is really a question of legal policy? If lawyers find the law vague or lacking, should they fill in the gaps, advising as to what the …

Ergonomic Analysis Of A Hair Salon, Joseph Keebler, David Schuster, Scott Ososky

Publications

Cosmetology involves a number of diverse tasks that have been implicated in cumulative trauma disorders and in other workplace injuries. This case study presents an analysis of injury risk and prevalence in a salon. Individual, occupational, and organizational factors are considered, and potential areas where risk can be reduced are presented.

On Existence And Uniqueness Results For The Bbm Equation With Arbitrary Forcing Terms, Timothy A. Smith

Publications

The problem of classical solutions for the regularized long-wave equation is considered where various additional forcing terms are introduced which are often required for physical modifications in the wave theory. Sufficient conditions of solvability and existence are established and then these conditions are related to the structure of the forcing terms under consideration.

Book Review: Mac Os X, Ipod, And Iphone Forensic Analysis Dvd Toolkit, Gary C. Kessler

Publications

This document is Dr. Kessler's review of MAC OS X, iPod, and iPhone Forensic Analysis DVD Toolkit, edited by Jesse Varsalone. Syngress, 2009. ISBN: 978-1-59749-297-3.

Book Review: The Dotcrime Manifesto: How To Stop Internet Crime, Gary C. Kessler

Publications

This document is Dr. Kessler's review of The dotCrime Manifesto: How to Stop Internet Crime, by Phillip Hallam-Baker. Addison-Wesley, 2008. ISBN: 0-321-50358-9

Book Review: Challenges To Digital Forensic Evidence, Gary C. Kessler

Publications

This document is Dr. Kessler's review of Challenges to Digital Forensic Evidence, by Fred Cohen. Fred Cohen & Associates, 2008. ISBN 1-878109-41-3

The Identification And Verification Of Hazardous Convective Cells Over Oceans Using Visible And Infrared Satellite Observations, Michael F. Donovan, Earle R. Williams, Cathy Kessinger, Gary Blackburn, Paul H. Herzegh, Richard L. Bankert, Steve Miller, Frederick R. Mosher

Publications

Three algorithms based on geostationary visible and infrared (IR) observations are used to identify convective cells that do (or may) present a hazard to aviation over the oceans. The performance of these algorithms in detecting potentially hazardous cells is determined through verification with Tropical Rainfall Measuring Mission (TRMM) satellite observations of lightning and radar reflectivity, which provide internal information about the convective cells. The probability of detection of hazardous cells using the satellite algorithms can exceed 90% when lightning is used as a criterion for hazard, but the false-alarm ratio with all three algorithms is consistently large (40%), thereby exaggerating …

White Dwarf Luminosity And Mass Functions From Sloan Digital Sky Survey Spectra, Steven Degennaro, Ted Von Hippel, D. E. Winget, S. O. Kepler, Atsuko Nitta, Detlev Koester, Leandro Althaus

Publications

We present the first phase in our ongoing work to use Sloan Digital Sky Survey (SDSS) data to create separate white dwarf (WD) luminosity functions (LFs) for two or more different mass ranges. In this paper, we determine the completeness of the SDSS spectroscopic WD sample by comparing a proper-motion selected sample of WDs from SDSS imaging data with a large catalog of spectroscopically determined WDs. We derive a selection probability as a function of a single color (g − i) and apparent magnitude (g) that covers the range −1.0 < g − i < 0.2 and 15 < g < 19.5. We address the observed upturn in log g for WDs with Teff 12,000 K and offer arguments that the problem is limited to the line profiles and is not present in the continuum. We offer an empirical method of removing the upturn, recovering a reasonable mass function for WDs with Teff < 12,000 K. Finally we present a WD LF with nearly an order of magnitude (3358) more spectroscopically confirmed WDs than any previous work.

A Process Plan For Consensus Building In The Evaluation Of Nsgc & Epscor Native American Outreach Program, Jocelyn S. Nickerson, Brent D. Bowen, Henry R. Lehrer

Publications

The NASA Nebraska Space Grant (NSGC) & EPSCoR Programs at the University of Nebraska at Omaha have embarked on a unique educational journey known as the Nebraska Native American Outreach program (NNAOP). The NNAOP’s main objective is to encourage and motivate Native American students to be more competitive in mathematics and science. This program has allowed for a variety of educational and public outreach activities to take place. However, in order to continually provide effective support to Nebraska’s Native American community, NSGC & EPSCoR sought an evaluation technique for the NNAOP. To execute such an evaluation, NSGC organized the first …

Asthma In The Workplace: Animal Health: Prevention Fact Sheet, Brigitte Roberge, Éric Audet, Denyse Gautrin

Fiches

No abstract provided.

Asthma In The Workplace: Information And Prevention: Prevention Fact Sheet, Denyse Gautrin, Sylvie Daigle, Nicole Goyer

Fiches

No abstract provided.

After Philip Morris V. Williams: What Is Left Of The "Single-Digit" Ratio?, Anthony J. Sebok

Articles

This short essay was written for a symposium on The Future of Punitive Damages held at the Charleston School of Law in 2007. I argue that the ratio rule (that punitive damages that exceed a single digit ratio presumptively violate the Due Process Clause), introduced by the Supreme Court in Campbell, is unlikely to survive. I argue this for three reasons. First, many lower courts have found ways to conceal punitive damages awards that impose, in reality, ratios in the double-digits. Second, the refusal of the Court to reverse the plaintiffs punitive damages award in Williams under the ratio rule …

Asthma In The Workplace: Plumbing And Heating: Prevention Fact Sheet, Brigitte Roberge, Éric Audet, Denyse Gautrin

Fiches

No abstract provided.

Symposium: The Domestic Commander In Chief

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Assessing Interest Groups: A Playing Field Approach, Paul J. Stancil

Cardozo Law Review

No abstract provided.

Book Review: Your Cosmic Context: An Introduction To Modern Cosmology, T. D. Oswalt

Publications

This document is Dr. Oswalt’s review of Your Cosmic Context : an Introduction to Modern Cosmology by Todd Duncan and Craig Tyler Pearson Addison-Wesley, 2008 466p, 0132400103 $80.00, 9780132400107 $80.00.

Who Needs Bankruptcy Law?, Edward R. Morrison

Faculty Scholarship

This essay summarizes four papers: “Bargaining Around Bankruptcy: Small Business Distress and State Law,” 38 Journal of Legal Studies 255 (2009); “Bankruptcy’s Rarity: An Essay on Small Business Bankruptcy in the United States,” 5 European Company & Financial Law Review 172 (2008); “Small Business Bankruptcy and the Bankruptcy Abuse and Consumer Protection Act of 2005,” A Report to the United States Small Business Administration (2007); and Douglas G. Baird & Edward R. Morrison, “Serial Entrepreneurs and Small Business Bankruptcies,” 105 Columbia Law Review 2310 (2005).

Decisions About Coercion: The Corporate Attorney-Client Privilege Waiver Problem, Daniel C. Richman

Faculty Scholarship

For almost a decade, law reviews and hearing rooms have resounded with cogent arguments that, for corporations at least, the attorney-client privilege has been chilled, eroded, attacked, or even killed by the federal government's misuse of its bargaining leverage. Yet it is unclear whether this rhetoric is overstated or understated. Given that most federal criminal defendants plead guilty, and that an extraordinarily large percentage of them provide information and testimony against others in order to avoid harsh sentences (or to avoid being charged at all), one could as easily say that the Fifth and Sixth Amendments to the U.S. Constitution …

Pick A Card, Any Card, Ronald J. Mann

Faculty Scholarship

At the heart of all serious thought about consumer financial products is the difficulty of understanding the mental processes by which consumers evaluate, compare, and use those products. Usury proposals from scholars and policy makers depend on explicit or implicit assumptions about how interest-rate caps will affect the mix of products available in the marketplace and the choices that consumers make among them. Legislators and lobbyists that decry a torrent of consumer bankruptcy filings rely explicitly on the claim that consumers abuse credit products. Proposals to outlaw products like payday loans assume that those who use the products are so …