Digital Commons Network^™

Some Horwitzian Themes In The Law And History Of The Federal Courts, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

Peter Van Inwagen And Dean Zimmerman, Eds., Persons: Human And Divine, C.G. Weaver

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Jeffrie G. Murphy, Getting Even: Forgiveness And Its Limits, Paul Reasoner

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Ask The Professor: How Does The U.K. Client Money Rules Differ From The U.S. Customer Segregated Rules When The Custodian Firm Fails To Treat Customer Property Properly?, Ronald Filler

Articles & Chapters

No abstract provided.

Too Stubborn To Ever Be Governed By Enforced Insanity: Some Therapeutic Jurisprudence Dilemmas In The Representation Of Criminal Defendants In Incompetency And Insanity Cases, Michael L. Perlin

Articles & Chapters

Little attention has been paid to the importance between therapeutic jurisprudence (TJ) and the role ofcriminal defense lawyers in insanity and incompetency-to-stand-trial (IST) cases. That inattention is especially noteworthy in light of the dismal track record of counsel providing services to defendants who are part of this cohort of incompetency-status-raisers and insanity-defense-pleaders. On one hand, this lack of attention is a surprise as TJ scholars have, in recent years, turned their attention to virtually every other aspect of the legal system. On the other hand, it is not a surprise, given the omnipresence of sanism, an irrational prejudice ofthe same …

Lawyering And Learning In Problem-Solving Courts, Paul Holland

Faculty Articles

The introduction of Drug Courts and other problem-solving courts has brought significant change to the American criminal justice system. This change has required lawyers working in these courts to re-examine their role and to re-consider and re-calibrate the nature of their interactions and relationships with their clients and all of the other actors in the system. This article looks beyond the rhetorically charged debate that has marked these changes and offers instead a close examination of the actual experience of lawyers, judges, and most importantly, defendant-participants, in these courts. This examination demonstrates that many of the traditional values embedded in …

The Status Of Private Military Contractors Under International Humanitarian Law, Won Kidane

Faculty Articles

One of the serious problems that the new administration faces is undoubtedly the regulation and use of private military contractors in "the war on terror." The private military industry is largely unregulated at the national level. Its status under international law is also poorly understood. This article assesses the legal status of this industry, characterizes the various functions, demonstrates the difficulty of regulating the industry as a unitary entity, and identifies the appropriate set of international standards that the new administration and Congress as well as the larger international legal community could employ in evaluating regulatory options.

Law Of Geography And The Geography Of Law: A Post-Colonial Mapping, Tayyab Mahmud

Faculty Articles

This article examines the relationship between law and geography through the prisms of colonialism and neoliberal Empire. Using two novels set in nineteenth and twenty-first century India, respectively, it evaluates the so-called first law of geography, namely that "everything is related to everything else, but near things are more related than distant things." It argues that the formative and enduring relationship between global systems of domination and modern law has created a geolegal space that has a global dimension. This geolegal space creates norms and subjectivities that are intimately related to spatially distant forces and projects. Emergence and consolidation of …

Physician-Assisted Suicide And Dementia: The Impossibility Of A Workable Regulatory Regime, John B. Mitchell

Faculty Articles

Currently, four-and-a-half million Americans are afflicted with Alzheimer’s Disease, accounting for roughly half the cases of adult dementia, and fourteen million cases are projected by mid-century. With the coalescence of the baby boomers, managed health care, and increasingly scarce health care resources, our society must brace to face a social and legal policy challenge of enormous importance and complexity. In this circumstance, the inevitable call for access to physician-assisted suicide, likely triggered through some form of living will, will need to be considered within a context far different than the current focus of the assisted-suicide debate on terminal illness. Asserting …

On (Cr)Edibility: Why Food In The United States May Never Be Safe, Denis Stearns

Faculty Articles

Most critiques of regulation are premised on the concepts of “free markets” and “market failures” as justifying, or not, the need for government interventions and control of the marketplace. Using the market for food as an example, this article questions not only the possibility of a buyer being a free actor when buying food, but also whether it is meaningful to speak in terms of a “free” market at all. One centerpiece of this questioning is the author’s coining of the term “(cr)edibility” to stand for the twinned ideas of credibility and edibility as defining the nature of all commercial …

Domestication Alone Does Not Lead To Inequality: Intergenerational Wealth Transmission Among Horticulturalists, Michael Gurven, Monique Borgerhoff Mulder, Paul L. Hooper, Hillard Kaplan, Robert Quinlan, Rebecca Sear, Eric Schniter, Christopher Von Rueden, Samuel Bowles, Tom Hertz, Adrian Bell

Psychology Faculty Articles and Research

We present empirical measures of wealth inequality and its intergenerational transmission among four horticulturalist populations. Wealth is construed broadly as embodied somatic and neural capital, including body size, fertility and cultural knowledge, material capital such as land and household wealth, and relational capital in the form of coalitional support and field labor. Wealth inequality is moderate for most forms of wealth, and intergenerational wealth transmission is low for material resources and moderate for embodied and relational wealth. Our analysis suggests that domestication alone does not transform social structure; rather, the presence of scarce, defensible resources may be required before inequality …

Commerce, Jack M. Balkin

Michigan Law Review

This Article applies the method of text and principle to an important problem in constitutional interpretation: the constitutional legitimacy of the modem regulatory state and its expansive definition of federal commerce power Some originalists argue that the modem state cannot be justified, while others accept existing precedents as a "pragmatic exception" to originalism. Nonoriginalists, in turn, point to these difficulties as a refutation of originalist premises. Contemporary originalist readings have tended to view the commerce power through modem eyes. Originalists defending narrow readings offederal power have identified "commerce" with the trade of commodities; originalists defending broad readings of federal power …

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

The Past, Present, And Future Of Energy Regulation, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This essay is a contribution to a symposium at University of Utah. It begins with a summary of the history of energy regulation from 1960 until 2011. It then makes three arguments. First, the essay argues that the US should abandon pursuit of the goal of energy independence and pursue exclusively the goal of global warming mitigation. Second, it argues that the US should replace its present reliance on expensive and ineffective subsidies and mandates to mitigate global warming with a single mechanism to attain that goal – a large carbon tax. Third, the essay recognizes that, while a carbon …

Some Realism About Punishment Naturalism, Donald Braman, Dan M. Kahan, David A. Hoffman

GW Law Faculty Publications & Other Works

In this paper we critique the increasingly prominent claims of punishment naturalism – the notion that highly nuanced intuitions about most forms of crime and punishment are broadly shared, and that this agreement is best explained by a particular form of evolutionary psychology. While the core claims of punishment naturalism are deeply attractive and intuitive, they are contradicted by a broad array of studies and depend on a number of logical missteps. The most obvious shortcoming of punishment naturalism is that it ignores empirical research demonstrating deep disagreements over what constitutes a wrongful act and just how wrongful it should …

Fruit And Vegetable Consumption Of Elementary Students In Serve Only Service And Offer Versus Serve Service, Margaret Louise Harbison

Honors Theses

The purpose of this study was to determine if there is a significant difference in fiiiit and vegetable consumption among fourth and fifth grade elementary students who participate in the NSLP Serve Only service compared to the Offer Versus Serve (OVS) service. Methods Weighed and visual plate waste data were collected for five consecutive days at two elementary schools. School A used Serve Only service (students are served all five food components of the lunch meal) and school B used OVS service (students may select as few as three of the five food components of the lunch meal). Costs disposed …

Credible Utility In Patent Law, Martin J. Adelman

GW Law Faculty Publications & Other Works

This paper discusses the law relating to the patentability of products and methods of their use. Specifically, the paper examines the circumstance where an inventor has brought forth a product which has no known credible utility or industrial applicability, but adds some guesses to her patent application in the hopes that if she guesses correctly, she will obtain a valuable patent. If one of the guesses proves correct, should this be treated in essence as a constructive reduction to practice sufficient to justify the grant of a valid patent?

This paper suggests that the proper answer should be no because …

Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Robert L. Glicksman

GW Law Faculty Publications & Other Works

The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters in the history of the United States, or for that matter, of the entire planet. Like so many other disasters on that list, it was entirely preventable.

BP must shoulder its share of the blame, of course. Similarly, the Minerals Management Service (MMS) – since reorganized and rebranded – has come under much deserved criticism for its failure to rein in BP’s avaricious approach to drilling even where it was unable to respond to a worst-case scenario in …

The Effects Of The Beta1 Receptor Antagonist, Metoprolol, On Methamphetamine-Induced Changes In Body Temperature In Varying Ambient Temperatures, Ricki Lee Harrell

Honors Theses

Methamphetamine (METH) induces hyperthermia or hypothermia depending on the ambient temperature. The β1 receptor is involved in body temperature control via brown adipose tissue (BAT) thermogenesis. Our objective was to determine the effect of selective β1 antagonist, metoprolol (METO), on METH-induced changes in body temperature in varying ambient conditions. Rats received pretreatment injections of saline, 5.0 mg/kg METO, 10.0 mg/kg METO, or 15.0 mg/kg METO 30 minutes prior to receiving cither saline or 5.0 mg/kg METH injection. Body temperature was measured telemetrically at either 18°C, 24°C, or 30°C ambient temperatures. 10.0 mg/kg METO attenuated METH-induced hyperthermia at 60 minutes in …

From Degenerate Monsters To Revenge Of The Big Mac: A Study Of French Anti-Americanism, Jill Peets

Honors Theses

Jill Peets: From Degenerate Monsters to Revenge of the Big Mac: A Study of French anti-Americanism (Under the direction of Dr. Anne Quinney)

Franco-American relations date back to the eighteenth century and are a topic that historians have studied for years. France has never been to war with the United States, yet the French are ardently anti-American. The phenomenon of French anti-Americanism is what this thesis seeks to understand and explain. Through various secondary sources, historical data, and public opinion polls, the thesis examines events throughout time, from the American Revolution in 1776 until the Haitian earthquake in 2010. By …

Anatomy Of Industry Resistance To Climate Change: A Familiar Litany, Robert L. Glicksman

GW Law Faculty Publications & Other Works

The industries that generate environmental risks in the United States have long been hostile to regulatory programs that increase their costs of operation and reduce their profits. While industry may have been unprepared for, and thus poorly organized to resist, the first wave of federal environmental legislation enacted during the “environmental decade” of the 1970s, it quickly marshaled its forces. Regulated or potentially regulated entities, their trade associations, and their lobbyists began a concerted effort to defeat, delay, and weaken environmental regulation.

This book chapter describes the process by which regulatory opponents successfully relied on free market ideology to couch …

Vincent On Leadership: The Hay Project Annual Report 2009-2010, Vincent On Leadership: The Hay Project

Hay Project Annual Reports

No abstract provided.

Food Consumption Trends And Drivers, John Kearney

Articles

A picture of food consumption (availability) trends and projections to 2050, both globally and for different regions of the world along with the drivers largely responsible for these observed consumption trends are the subject of this review. Throughout the world, major shifts in dietary patterns are occurring, even in the consumption of basic staples towards more diversified diets. Accompanying these changes in food consumption at a global and regional level have been considerable health consequences. Populations in those countries undergoing rapid transition are experiencing nutritional transition. The diverse nature of this transition may be the result of differences in socio …

Genetic Connections Between Neurological Disorders And Cholesterol Metabolism, Ingemar Bjorkhem, Valerio Leoni, Steve Meaney

Articles

Cholesterol is an essential component of both the peripheral and central nervous systems of mammals. Over the last decade, evidence has accumulated that disturbances in cholesterol metabolism are associated with the development of various neurological conditions. In addition to genetically defined defects in cholesterol synthesis, which will be covered in another review in this Thematic Series, defects in cholesterol metabolism (cerebrotendinous xanthomatosis) and intracellular transport (Niemann Pick Syndrome) lead to neurological disease. A subform of hereditary spastic paresis (type SPG5) and Huntington's disease are neurological diseases with mutations in genes that are of importance for cholesterol metabolism. Neurodegeneration is generally …

Hypercapnic Acidosis Reduces Oxidative Reactions In Endotoxin-Induced Lung Injury, Alistair D. Nichol, Donall F. O'Cronin, Finola Naughton, Natalie Hopkins, John Boylan, Paul Mcloughlin

Articles

Hypercapnic acidosis frequently occurs when patients with acute lung injury are initially ventilated with low tidal volume "protective" strategies. Hypercapnic acidosis per se, in the absence of any change in tidal volume or airway pressure, is protective when instituted before the onset of injury. However, the mechanisms by which hypercapnic acidosis confers this protection are incompletely understood, in particular, the effects on pulmonary oxidative reactions, which are potent mediators of tissue damage, have not been previously examined in vivo.

Advancing Research On Stored Biological Materials: Reconciling Law, Ethics, And Practice, Leslie E. Wolf

Minnesota Journal of Law, Science & Technology

No abstract provided.

Health Care Reform And The Logic Of Emergence, M. Gregg Bloche, Sujata M. Jhaveri

Minnesota Journal of Law, Science & Technology

No abstract provided.

Open Source Drug Development: A Path To More Accessible Drugs And Diagnostics?, Emily Marden

Minnesota Journal of Law, Science & Technology

No abstract provided.

Integrating Social And Ethical Concerns Into Regulatory Decision-Making For Emerging Technologies, Gary Marchant, Ann Meyer, Megan Scanlon

Minnesota Journal of Law, Science & Technology

No abstract provided.

Preparation To Infringe After Medimmune V. Genentech: Why The Federal Circuit's Declaratory Judgment Jurisdiction Test Is Still Too Stringent, Hugh D. Brown

Minnesota Journal of Law, Science & Technology

No abstract provided.