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Persone Incapaci E Decisioni Di Fine Vita (Con Uno Sguardo Oltreoceano), O. Carter Snead, Andrea Simoncini

Journal Articles

Title in English: Incapacitated Persons and End of Life Decision Making (with an Across-the-Ocean View) No translation available.

Caspase Activation Of P21-Activated Kinase 2 Occurs During Cisplatin-Induced Apoptosis Of Sh-Sy5y Neuroblastoma Cells And In Sh-Sy5y Cell Culture Models Of Alzheimer’S And Parkinson’S Disease, Jerry Marlin, Yu-Wen E. Chang, Rolf Jakobi

Faculty and Staff Publications

p21-activated kinase 2 (PAK-2) appears to have a dual function in the regulation of cell survival and cell death. Activation of full-length PAK-2 by the p21 G-proteins Rac or Cdc42stimulates cell survival. However, PAK-2 is unique among the PAK family because it is also activated through proteolytic cleavage by caspase 3 or similar caspases to generate the constitutively active PAK-2p34 fragment. Caspase activation of PAK-2 correlates with the induction of apoptosis in response to many stimuli and recombinant expression of PAK-2p34has been shown to stimulate apoptosis in several human cell lines. Here, we show that caspase activation of PAK-2 also …

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 …

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

University of Colorado Law Review

This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmiresexemplified by the radioactive waste capacity problem at the heart of the New York litigation-by prohibiting novel forms of state-federal bargaining. In New York, the Court held that Congress …

An Unfortunate "Tail": Reconsidering Risk Management Incentives After The Financial Crisis Of 2007-2009, Douglas O. Edwards

University of Colorado Law Review

In recent months, the legal academic community has taken a greater interest in the practice of risk management. Doubtless a response to the recent financial crisis, many have concluded that our current market structure allows for uninhibited risk taking and the pooling of systemic risk. Accordingly, most have suggested a regulatory response is necessary. This Comment, in unreserved agreement with these writers, attempts to contribute to this literature in two ways. First, this Comment explains the development of quantitative risk management to fill in the gaps in the existing legal research. Though I present nothing groundbreaking, my purpose is to …

Fine-Labor: The Symbiosis Between Monetary And Work Sanctions, Martin H. Pritikin

University of Colorado Law Review

Monetary sanctions (fines and restitution) and work sanctions are theoretically superior to incarceration: they can deliver deterrence more cheaply, benefit victims tangibly, and promote offender rehabilitation. Yet incarceration remains the dominant punishment in America, even where incapacitation concerns are secondary. This is due in large part to practical drawbacks to the alternatives: monetary sanctions are difficult to enforce and do not seem punitive enough, and unions have successfully lobbied against the competitive threat of convict labor. In a hybrid "fine-labor" system, in which offenders are made to work to pay fines and restitution, the work component could remedy the flaws …

The Global Law Of The Land, Amnon Lehavi

University of Colorado Law Review

Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy by virtue of their reflection of place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, based on a historical, comparative, and theoretical study of the structures and strictures of domestic land laws and current cross-border phenomena that dramatically affect national land systems. The central thesis of this Article is that, irrespective of our basic normative viewpoint regarding the opening up of domestic land laws to the …

A Training Ground For Contemporary Art: Massachusetts Museum Of Contemporary Art V. Biichel's Overly Broad Exclusion Of Artistic Collaborations, Sarah Louise Rector

University of Colorado Law Review

In 2007, the Massachusetts Museum of Contemporary Art sought a declaratory judgment permitting it to display an unfinished installation artwork by artist Christoph Buchel without Buchel's permission. Bchel attempted to stop the display by arguing that it violated his moral rights under the Visual Artists Rights Act ("VARA'). The United States District Court for the District of Massachusetts ruled in favor of the museum, holding in part that the "collaborative" nature of the installation's construction precluded VARA protection. The court analogized the artwork to a motion picture, which the Act's legislative history characterized as the type of collaborative effort VARA …

Davis V. Federal Election Commission: A Further Step Towards Campaign Finance Deregulation And The Preservation Of The Millionaires' Club, Grant Fevurly

University of Colorado Law Review

In the middle of the 2008 election cycle, the United States Supreme Court altered the permissible limits of campaign finance regulation by striking down the "Millionaire's Amendment" in Davis v. Federal Election Commission. The struck provision attempted to equalize the resource differential between self-financing and non-self-financing candidates for electoral office by temporarily increasing the contribution limits for the non-self-financing candidates when those candidates who self-financed crossed a threshold amount of personal expenditures. Once the disparity between the two candidates equalized, the normal regulatory regime resumed effect. While important for its own immediate implications to a number of public financing schemes …

Multistate Decision Making For Renewable Energy And Transmission: An Overview, David E. Hurlbut

University of Colorado Law Review

No abstract provided.

Siting Transmission Lines In A Changed Milieu: Evolving Notions Of The "Public Interest" In Balancing State And Regional Considerations, Ashley C. Brown, Jim Rossi

University of Colorado Law Review

This Article discusses how state public utility law presents a barrier to the siting of new high-voltage transmission lines to serve renewable resources, and how states can approach the law's evolution in order to preserve a role for state regulators in a new energy economy in which renewable energy will play a significant role. The traditional approach to determining the "public interest" in siting transmission lines is well on its way to obsolescence. Two developments over the past fifteen years have begun to challenge this paradigm. First, policies at the federal level and in many states have encouraged increased competition …

Constitutional Contours For The Design And Implementation Of Multistate Renewable Energy Programs And Projects, Robin Kundis Craig

University of Colorado Law Review

States are increasingly considering multistate efforts to promote the production, sale, and use of renewable energy. For example, in August 2009, policymakers and stakeholders gathered to consider joint renewable energy (specifically, wind energy) transmission projects among Colorado, New Mexico, Utah, and Wyoming. This Article explores a number of constitutional issues that multistate efforts to encourage, market, transmit, or distribute renewable energy could raise. It reflects the reality that for energy, as for many other issues, multistate creativity in establishing new governance regimes or in implementing interstate projects often creates constitutional ambiguities. Many of these ambiguities center on the constitutional status-private …

Envisioning The Smart Grid: Network Architecture, Information Control, And The Public Policy Balancing Act, Elias L. Quinn, Adam L. Reed

University of Colorado Law Review

While smart grid development promises benefits for utilities and consumers alike, the public policy surrounding its rollout remains conflicted. Will regulation guide the structure and usability of the smart grid, or will the ways in which the smart grid is already being applied force specific types of regulation? Early decisions by regulators will surely influence the balancing of policy concerns later in the smart grid development process; yet these decisions will be made in a regulatory environment in which utilities may lack the proper incentives to promote energy efficiency and consumer awareness-both functions of the smart grid. This Article examines …

Resisting Federal Courts On Tribal Jurisdiction, Matthew L.M. Fletcher

University of Colorado Law Review

This Paper is part of a call for a paradigm-shifting reexamination by Indian tribes and Indian people about their place in the American constitutional structure. For tribal advocates to prevail in the federal judiciary, they must force federal judges to rethink everything they know about federal Indian law. There are at least two ways to do this. Tribal advocates and American Indian law scholars must first establish a baseline of knowledge and information about the realities of Indian country in the twenty-first century. This work is nascent and ongoing, if not burgeoning, but frankly is far from enough. A second …

Separate But Unequal: The Federal Criminal Justice System In Indian Country, Troy A. Eid, Carrie Covington Doyle

University of Colorado Law Review

In this Article, Troy Eid, a former United States Attorney for the District of Colorado, and Carrie Covington Doyle conclude that the federal criminal justice system serving Indian country today is "separate but unequal" and violates the Equal Protection rights of Native Americans living and working there. That system discriminates invidiously because it categorically applies only to Native Americans and then only to crimes arising on Indian lands. It is unequal because it is largely unaccountable, needlessly complicated, comparatively under-funded, and results in disproportionately more severe punishments for the same crimes, especially for juveniles. This Article traces the historical foundations …

Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff

University of Colorado Law Review

This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet indepth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from 1959 …

Exposing The Underground Establishment Clause In The Supreme Court's Abortion Cases, Justin Murray

Publications

In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Clause of the Fourteenth Amendment. The Court reasoned toward this conclusion by importing concepts and concerns that are ordinarily associated with the Establishment Clause. This Article is the first attempt to systematically describe, and critically evaluate, the Court's use of Establishment Clause ideas in Roe and later abortion cases.

Some brief background is essential in order to see how the Court wove Establishment Clause themes into the structure of its Due Process analysis. The Due Process Clause prohibits the government …

The Terrorist Informant, Wadie E. Said

Publications

A man sets himself on fire in front of the White House in a dispute with the Federal Bureau of Investigation (FBI). He has been working as an informant for the FBI in a high-profile terrorism prosecution and is unhappy with the $100,000 he has been paid so far. He has also been recently convicted of bank fraud. As a result, the government declines to call him as a witness, given the damage his actions have on his credibility and trustworthiness. This incident underscores the difficulty inherent in relying on paid informants to drive a prosecution, where material considerations such …

Risk, Everyday Intutions, And The Institutional Value Of Tort Law, Govind Persad

Publications

This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more defensible. The second Part considers how tort has dealt with this divergence between lay and expert perspectives. It also evaluates how …

The People Of The Second Amendment: Citizenship And The Right To Bear Arms, Pratheepan Gulasekaram

Publications

The Supreme Court's recent Second Amendment decision, District of Columbia v. Heller, asserts that the Constitution's right to bear arms is an individual right to armed self-defense held by law-abiding "citizens. " This Article examines the implications of this description, concluding that the Second Amendment cannot concurrently be a right of armed self-defense and restricted to citizens. The Article proceeds in three parts. First, it analyzes the term "the people" as it has been interpreted in recent Court cases. The Article concludes that constitutional text and Supreme Court jurisprudence provide no sustainable basis to believe the Second Amendment is limited …

Lessons From Mazibuko: Persistent Inequality And The Commons, Daria Roithmayr

Publications

No abstract provided.

Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers

Missouri Law Review

Patent law is intended to promote the creativity of scientists and engineers. The system recognizes that the work of the individual is the engine that ultimately increases the state ofscientific knowledge. As economist Paul Romer recognized, "Technological advance comes from things that people do." Furthering creativity represents the constitutional, theoretical and doctrinal heart of patent law. Yet the field has not meaningfully evaluated the fundamental question of what creativity is. Using theories from psychology, sociology, history and the philosophy of science, this work examines and proposes how patent law can formulate a legal conception of creativity. To undertake this inquiry, …

Context Of Ideology: Law, Politics, And Empirical Legal Scholarship, The, Carolyn Shapiro

Missouri Law Review

In their confirmation hearings, Chief Justice Roberts and Justice Sotomayor both articulated a vision of the neutral judge who decides cases without resort to personal perspectives or opinions, in short, without ideology. At the other extreme, the dominant model ofjudicial decisionmaking in political science has long been the attitudinal model, which posits that the Justices' votes can be explained primarily as expressions of their personal policy preferences, with little or no role for law, legal reasoning, or legal doctrine. Many traditional legal scholars have criticized such scholarship for its insistence on the primacy of ideology in judicial decisionmaking, even as …

Myth Of The Level Playing Field: Knowledge, Affect, And Repetition In Public Debate, The, Jeremy N. Sheff

Missouri Law Review

The industrialization of the channels and scale of communication has led some well-meaning reformers to try to regulate the ability of powerful private actors to leverage economic inequality into political inequality, particularly in the area of campaign finance. Such reform efforts are ostensibly intended to further the deliberative democratic ideal of rational, informed public decisionmaking by preventing well-funded private interests from improperly influencing democratic debate and, by extension, political outcomes. This Article examines empiricalfindings in political science, psychology, and marketing and argues that, in the context of contemporary American society, the normative principles of deliberative democracy and formal equality operate …

Demise Of Arbitration Agreements In Long-Term Care Contracts, The, Laura K. Bailey

Missouri Law Review

This Article argues that pre-dispute compulsory arbitration provisions in nursing home contracts should not be enforced and encourages the elimination of such clauses in long-term care contracts. This Article will lay out the historical background and development of arbitration and then will address the use of arbitration clauses in nursing home admission contracts. Finally, this Article will explore recent developments of arbitration law in long-term care contracts, both federally and in the state of Missouri, with particular attention given to the Supreme Court of Missouri's decision in Lawrence v. Beverly Manor.

Call To Police The Margins: The Eighth Circuit's Expansion Of Miranda's Public-Safety Exception, A, Bradley S. Dixon

Missouri Law Review

The right of every citizen against compulsory self-incrimination is a principle firmly embedded in the American justice system. The Supreme Court of the United States in Miranda v. Arizona, a decision that has established itself in the public consciousness, found the abuses of law enforcement so grave that the Court mandated certain prophylactic measures to protect Fifth Amendment rights. In doing so, the Court recognized that it was balancing the interest of protecting individuals' Fifth Amendment rights against the potential detrimental costs to effective law enforcement. In New York v. Quarles, the Supreme Court found a public policy exception to …

Letting The Dead Bury The Dead: Missouri's Right Of Sepulcher Addresses The Modern Decedent's Wishes, Kimberly E. Naguit

Missouri Law Review

The right of sepulcher refers to "the right to choose and control the burial, cremation, or other final disposition of a dead human body. Until recently, the law for sepulcher in Missouri was based on the traditional family, giving a decedent's spouse, children, parents, and siblings highest priority - often even over the wishes of the decedent herself. A recent amendment to Missouri Revised Statute Section 194.119 now gives top priority for the right of sepulcher to "[a]n attorney in fact designated in a durable power of attorney wherein the deceased specifically granted the right of sepulcher over her body …

Shining A Light On Democracy's Dark Lagoon, Helen Norton

Publications

Written for a symposium examining the Fourth Circuit’s jurisprudential tradition, this short essay explores the Fourth Circuit’s approach to the emerging government speech doctrine, under which the government’s own speech is exempt from free speech clause scrutiny. In developing this doctrine, the Supreme Court has been too quick to defer to public entities’ assertion that contested speech is their own; indeed, it has yet to deny the government’s claim to expression in the face of a competing private claim – at significant cost to the public’s ability to hold government politically accountable for its expressive choices. The Fourth Circuit, in …

Ways Of Seeing In Environmental Law: How Deforestation Became An Object Of Climate Governance, William Boyd

Publications

Few areas of law are as deeply implicated with science and technology as environmental law, yet we have only a cursory understanding of how science and technology shape the field. Environmental law, it seems, has lost sight of the constitutive role that science and technology play in fashioning the problems that it targets for regulation. Too often, the study and practice of environmental law and governance take the object of governance--be it climate change, water pollution, biodiversity, or deforestation--as self-evident, natural, and fully-formed without recognizing the significant scientific and technological investments that go into making such objects and the manner …

Propaganda For War And Transparency, Richard B. Collins

Publications

No abstract provided.