Digital Commons Network^™

Human Rights And Intellectual Property: Mapping The Global Interface, Laurence R. Helfer, Graeme W. Austin

Faculty Scholarship

Human Rights and Intellectual Property: Mapping the Global Interface explores the intersections between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, the creators and owners of intellectual property are asserting a human rights justification for the …

A Coase Theorem For Constitutional Theory, Neil S. Siegel

Faculty Scholarship

There is much to admire about Barry Friedman’s new book, The Will of the People. Explaining how the institution of judicial review was made safe for democracy in America, Friedman’s story is extensively researched, beautifully written, scrupulously nonpartisan about the modern Court, and frequently humorous. What is more, his primary claim—that the Supreme Court of the United States is very much a democratic institution because judicial review always has been responsive to public opinion—is, to a large extent, convincing. I have taught The Will of the People in my first-year constitutional law course, and I plan to do so again. …

The Role Of The Family In Criminal Law, Gerard V. Bradley

Journal Articles

Privilege or Punish: Criminal Justice and the Challenge of Family Ties. Dan Markel, Jennifer M. Collins & Ethan J. Leib. Oxford University Press, 2009.

The authors of Privilege or Punish (PoP) pose two questions, one descriptive and the other morally evaluative. "First, how does the criminal justice system in this country approach the issue of family status? Second, how should family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of nondiscrimination?"

Reason And Reasonableness In Review Of Agency Decisions, Jeffrey Pojanowski

Journal Articles

A company markets computer software that provides day traders with real-time data and recommendations for buying and selling futures on commodities markets. In a late night infomercial, the firm touts the spectacular "certified" profits that purchasers would have earned had they been using this one-of-a-kind system over the past seven years. What the suntanned host does not tell viewers at home is that these "certified" results are not based on actual trades, but simulations of what the system would have produced based on historical data. A regulator initiates administrative proceedings against the firm, charging that this omission "defrauded" customers under …

School Choice And The Challenges That Remain: A Comment On Richard D. Komer's "School Choice And State Constitutions' Religion Clauses", Richard W. Garnett

Journal Articles

Richard Komer’s paper helpfully and carefully shows that, after the Supreme Court’s 2002 ruling in Zelman v. Simmons-Harris, a formidable obstacle to choice-based educational reform has been removed, and also that other, no-less-formidable obstacles remain, in the form of anti-aid provisions contained in various states’ own constitutions. This brief, appreciative Comment notes, first, that uncertainties remain about the implementation and interpretation of Zelman, and even—considering the possibility of new appointments to the Court—the decision’s fate. Next, and moving beyond the Court’s First Amendment doctrine, this Comment suggests that the effort to implement choice-based educational reform is, and will remain, as …

Resolving Cases On The Merits, Jay Tidmarsh

Journal Articles

Prepared for a Symposium on Civil Justice Reform, this essay examines the role of the “on the merits” principle in modern American procedure. After surveying the possible meanings of the phrase, the essay critiques its most common understanding due to its economic inefficiency and its lack of strong philosophical support. Relying on the recent work of Amartya Sen, the essay proposes that the principle be replaced with a “fair outcome” principle that melds both “procedural” and “substantive” concerns.

Back To The Future: Rediscovering Equitable Discretion In Trademark Cases, Mark P. Mckenna

Journal Articles

Courts in recent years have increasingly made blunt use of their equitable powers in trademark cases. Rather than limiting the scope of injunctive relief so as to protect the interests of a mark owner while respecting the legitimate interests of third parties and of consumers, courts in most cases have viewed injunctive relief in binary terms. This is unfortunate, because greater willingness to tailor injunctive relief could go a long way to mitigating some of the most pernicious effects of trademark law’s modern expansion. This Essay urges courts to reverse this trend towards crude injunctive relief, and to re-embrace their …

Unbundling Homeownership: Regional Reforms From The Inside Out, Nicole Stelle Garnett

Journal Articles

Two vexing puzzles plague American land use regulators. The first puzzle is how to protect property owners from harmful spillovers without unduly stifling land use diversity. The dominant forms of land use regulation in the United States - zoning and private covenants - rely on ex ante prohibitions. Yet, since local governments and private developers rarely can calibrate the level of regulation to residents’ true preferences, the costs imposed by these regulations tend to exceed the benefits of actual harm prevention. The result is the over-protection of property owners and, and, many would argue, a monotonous, sterile, inefficient, and inconvenient …

Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead

Journal Articles

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square.

This Article examines the question of how scientific methods and …

Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer

Journal Articles

The copyright regime and the First Amendment seek to promote the same goals. Both seek the creation and dissemination of more, better, and more diverse literary, pictorial, musical and other works. But, they use significantly different means to achieve those goals. The copyright laws afford to the creator of a work the exclusive right to reproduce, distribute, transform, and perform that work for an extended period of time. The First Amendment, on the other hand, proclaims that Congress "shall make no law...abridging the freedom of speech or of the press," thus at least nominally indicating that limitations on the reproduction …

Are National Class Actions Constitutional?: A Reply To Hogg And Mckee, Janet Walker

Osgoode Hall Law Journal

This article argues that there is no constitutional impediment to the certification of multijurisdictional class actions by provincial superior courts, and no constitutional requirement to confine plaintiff classes to those in which each claim has a real and substantial connection to the forum. Neither the text of the Constitution nor the constitutionally mandated rules of the conflict of laws restrict court jurisdiction in this way. Rather, the principles of order and fairness require Canadian courts to exercise jurisdiction over multi-jurisdictional class actions in a way that maximizes the objectives of class actions, and minimizes the incidence of overlapping classes and …

Mille-Feuille Magazine Littéraire, Pascale-Anne Brault

Mille-Feuille Magazine Littéraire

Spring 2010

DePaul University

Department of Modern Languages

Recent Advances On Skin-Resident Stem/Progenitor Cell Functions In Skin Regeneration, Aging And Cancers And Novel Anti-Aging And Cancer Therapies., Murielle Mimeault, Surinder K. Batra

Journal Articles: Biochemistry & Molecular Biology

Recent advances in skin-resident adult stem/progenitor cell research have revealed that these immature and regenerative cells with a high longevity provide critical functions in maintaining skin homeostasis and repair after severe injuries along the lifespan of individuals. The establishment of the functional properties of distinct adult stem/progenitor cells found in skin epidermis and hair follicles and extrinsic signals from their niches, which are deregulated during their aging and malignant transformation, has significantly improved our understanding on the etiopathogenesis of diverse human skin disorders and cancers. Particularly, enhanced ultraviolet radiation exposure, inflammation and oxidative stress and telomere attrition during chronological aging …

Parenting Practices Mediate Parenting Stress And Child Inhibited, Shy Behavior, Ying Dong

Graduate Theses, Dissertations, and Problem Reports (ETD)

Parenting practices were investigated as mediators between parenting stress and child inhibited, shy behavior. Parenting stress was also examined as a moderator between parenting practices and child inhibited, shy behavior. Twenty-seven preschool-aged children (14 boys, 13 girls; mean age =3.5 years) and their mothers (mean age =34 years) participated in the study. Mothers completed a battery of questionnaires to assess parenting stress, parenting practices, and child inhibited, shy behavior. Regression analyses were conducted and it was found that parenting practices do not mediate the relation between parenting stress and inhibited, shy behavior. However, there appears to be an indirect relation …

An Investigation Into Digital Media: Characteristics Of Learning Objects Which K-12 Teachers Determine Meet Their Instructional Needs, Patricia Ann Guthrie Edd

Dissertations

In recent years, learning objects have emerged as an instructional tool for teachers. Digital libraries and collections provide teachers with free or fee-base access to a variety of learning objects from photos and famous speeches to Flash animations and interactive Java Applets. Learning objects offer opportunities for students to interact with digital media in ways that can bring concepts and ideas to life. Students can visualize what changes in matter might look like and practice math skills like multiplying decimals. They can even receive instant feedback and interact with tutorials as many times as needed. The purpose of this mixed …

Review Of Gothic Plays And American Society, 1794-1830, By M. Susan Anthony, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

The Dynamics Of Chronically Bioaccumulated Cd In Rainbow Trout (Oncorhynchus Mykiss) During Both Moderately Hard And Soft Waterborne Exposures, Jessica Milne

Theses and Dissertations (Comprehensive)

Aquatic organisms respond to metal exposures by modulating uptake, elimination and detoxification capacity and, therefore, it is difficult to link accumulation within fish to adverse chronic effects. When fish are exposed to sublethal concentrations of metal, physiological responses follow a damage-repair scenario with rapid uptake into the gills followed by transfer via the circulatory system and accumulation into key organs such as the liver and kidney. Anthropogenic sources of cadmium (Cd) arise mainly from mining, smelting, and refining sulphide ores of Zn, Pb and Cu (Norton et al., 1990). The free divalent ion (Cd²⁺) is the toxic form …

Tennessee Farm Bureau News - January 2010, Tennessee Farm Bureau Federation

Tennessee Farm Bureau News

No abstract provided.

Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency, Joshua Gupta-Kagan

Faculty Scholarship

Abuse and neglect cases involve constantly changing facts. They “are unlike civil cases, which typically involve only facts gone by ... The ultimate parties in interest are the [children] themselves. And for them, their lives are ... ongoing event[s].” A child’s need to return to his parent may ebb or flow. His parent’s fitness may improve, regress, or remain the same. Federal law, followed in all states that wish to receive federal funds to support foster care, requires regular permanency hearings so family courts can make decisions based on evolving factual situations. These decisions, and the lack of greater procedural …

Street Stops And Broken Windows Revisited: The Demography And Logic Of Proactive Policing In A Safe And Changing City, Jeffrey A. Fagan, Amanda Geller, Garth Davies, Valerie West

Faculty Scholarship

This chapter examines the development of “order maintenance policing” in New York City. It studies the stop-and-frisk activities of New York City police officers by examining temporal and spatial patterns of stops from 1999, 2003, and 2006. Findings reveal that stop rates have increased by 500 percent since 1999 despite little change in crime rates Stop activity was greatest in poor and minority communities, and stop patterns were more closely tied to demographic and social conditions than to disorder or crime. The efficiency of stops, measured as “hit rates,” dropped considerably, with the sharpest declines occurring in minority neighborhoods. Overall, …

Introduction, Katherine M. Franke

Faculty Scholarship

Each year, the Center for Gender & Sexuality Law devotes a day- long symposium to the significant contributions of a senior scholar to the literature of gender and/or sexuality law and theory. For our inaugural symposium we were pleased to have selected Martha Nussbaum, the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago with joint appointments in the Philosophy Department, Law School and Divinity School. Professor Nussbaum’s work spans a daunting terrain. In her work as a classicist and theorist of liberal humanism, she has both explored an ethics of vulnerability and human flourishing, …

The Significance Of Conscience, Kent Greenawalt

Faculty Scholarship

Conscience, like most words that describe human experience and recommend human action, has changed its meanings over time and takes on subtly different meanings in different contexts. Since the time of Thomas Aquinas, when conscience referred to moral judgments about action, and our founding era, when “freedom of conscience” dominantly referred to individual religious liberty, our understanding has evolved. In this paper, I concentrate on present usage. My aims are partially descriptive and mainly normative. My hope is that by clarifying various ways the notion of conscience is conceived, I can contribute to a thoughtful elaboration of normative issues …

Ecology & Ideology: An Introduction, Gerry Canavan, Lisa Klarr, Ryan Vu

English Faculty Research and Publications

No abstract provided.

Marxism As Science Fiction: Review Of Mark Bould And China Mieville's Red Planets: Marxism And Science Fiction, Gerry Canavan

English Faculty Research and Publications

No abstract provided.

Make Him An Offer He Can't Refuse: Avoiding Conflicts Through Side Payments, Erik O. Kimbrough, Roman M. Sheremeta

ESI Working Papers

The equilibrium of a two-stage conflict game with side-payments predicts that with binding stage-one offers, proposers make and responders accept side-payments, generating settlements that strongly favor proposers. When side-payments are non-binding, proposers offer nothing and conflicts always arise. Laboratory experiments confirm that binding side-payments reduce conflicts. However, 30% of responders reject binding offers, and offers are more egalitarian than predicted. Surprisingly, non-binding side-payments also improve efficiency, although less than binding. With binding side-payments, 98% of efficiency gains come from avoided conflicts. However, with non-binding side-payments, only 49% of gains come from avoided conflicts and 51% from reduced conflict expenditures.

Mine And Thine: The Territorial Foundations Of Human Property, Peter Descioli, Bart J. Wilson

ESI Working Papers

Research shows that many animal species have morphological and cognitive adaptations for fighting with others to gain resources, but it remains unclear how humans make fighting decisions. Non-human animals often adaptively calibrate fighting behavior to ecological variables such as resource quantity and whether the resource is distributed uniformly or clustered in patches. Also, many species use strategies to reduce fighting costs such as resolving disputes based on power asymmetries or conventions. Here we show that humans apply an ownership convention in response to the problem of severe fighting. We designed a virtual environment where ten participants, acting as avatars, could …

Camas, Winter 2010

Camas

Photographs / David Estrada -- Photographs / Doug Davis -- Photographs / Beth Gibson -- Illustrations / Katherine Molter -- Photography / Skyler Suhrer, Bailey Edelstein, Jayme Feary, Doug Connelly -- Palimpsest / George English Brooks -- Was Not / Rose Postma -- Fourth of July / Molly Damm -- Western / Brett Defries -- A Day is a Lifetime / Charlotte Beard -- Her Willapa July / Maya Jewell Zeller -- How to Draw an Albino Coyote / Sherry O'Keefe -- The Banana Slug on the Totem Pole / Robert Michael Pyle -- The River, On the Rising Tide …

The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman

Faculty Scholarship

This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies – and this debate’s implications for both jus ad bellum and jus in bello. Analysis of how the law of armed conflict might be evolving to deal with terrorism should engage in more nuanced and sophisticated examination of how terrorism threats are themselves evolving. Moreover, the merits of …

Brown V. Hovatter: Announcing The Death Of Rights For Out-Of-State Parties In Fourth Circuit Dormant Commerce Clause Jurisprudence, Lauren C. Genvert

Maryland Law Review

No abstract provided.

Retributivism For Progressives: A Response To Professor Flanders, David Gray, Jonathan Huber

Maryland Law Review

No abstract provided.