Digital Commons Network^™

Making Social Rights Conditional: Lessons From India, Madhav Khosla

Faculty Scholarship

Recent years have witnessed important advancements in the discussion on social rights. The South African experience with social rights has revealed how such rights can be protected without providing for an individualized remedy. Comparative constitutional lawyers now debate the promise of the South African approach, and the possibility of weak-form judicial review in social rights cases. This article considers the Indian experience with social rights, and explains how it exhibits a new form of social rights adjudication. This is the adjudication of a conditional social right; an approach that displays a rare private law model of public law adjudication. This …

Assessing Service-Learning To Improve Instruction, Sally Blomstrom, Hak Tam

Publications

Experiential learning has been an area of interest for over 30 years within the field of communication. Service-learning has gained popularity (Oster-Aaland, Sellnow, Nelson, & Pearson, 2004) particularly in public relations (Panici & Lasky, 2002). This paper presents a discipline-defined framework for service-learning in public relations, suggestions for implementing the assessment measure, and reflection on its use.

The Gospel According To Moses And Elijah, Roy E. Gane

Faculty Publications

No abstract provided.

Integrating Situation Awareness Assessment Into Test And Evaluation, Cheryl A. Bolstad, Haydee Maria Cuevas

Publications

To guarantee the success if network- centric operations, warfighters need the ability to extract and share critical task-relevant information to develop and maintain the situation awareness that is so critical far effective team performance. As such, the design of emerging technologies and systems must adopt a "user-centric" approach, with consideration for human information processing capabilities and limitations. In turn, to ensure that these technologies and systems are meeting their design objectives, test and evaluation must similarly be expanded to include metrics that assess how well system features and functions are supporting critical human cognitive processes such as situation awareness and …

Book Review: Digital Forensic Evidence Examination, Gary C. Kessler

Publications

This document is Dr. Kessler's review of the second edition of Digital Forensic Evidence Examination by Fred Cohen. ASP Press, 2010. ISBN: 978-1-878109-45-3

Continuing The Gandhi Legacy: An Interview With Arun Gandhi, Geoffrey Kain

Publications

“Arun Gandhi (1934- ) is the fifth grandson of Mohandas Gandhi. Arun’s father, Manilal (1892-1956), second son of Mohandas and Kasturba Gandhi, was sent by his father to run the Phoenix Farm ashram outside of Durban, South Africa, and this is where Arun Gandhi was raised…”

On Osgood's Criterion For Classical Wave Equations And Nonlinear Shallow Water Wave Equations, Timothy Smith, Greg Spradlin

Publications

The problem on classical solutions for the wave equation and the BBM equation is considered. The equations are considered with a forcing term and sufficient conditions of solvability, existence and uniqueness are established.

The Legal Ecology Of Resistance: The Role Of Antibiotic Resistance In Pharmaceutical Innovation, Kevin Outterson

Cardozo Law Review

Antibiotic effectiveness is a common pool resource that can be prematurely depleted through resistance. Some experts warn that we may face a global ecological collapse in antibiotic effectiveness.

Conventional wisdom argues for more intellectual property rights to speed the creation of new antibiotics. Recent theoretical literature suggests that conservation-based approaches may yield superior results. This Article describes a novel typology for organizing these emerging theories and provides an early empirical test of these models using proprietary data on the sales of vancomycin, an important hospital antibiotic for the last three decades.

The results challenge the assumptions in several models and …

The Geography Of Criminal Law, Adam Benforado

Cardozo Law Review

When Westerners explain the causes of actions or outcomes in the criminal law context, they demonstrate a strong tendency to overestimate the importance of dispositional factors, like thinking, preferring, and willing, and underestimate the impact of interior and exterior situational factors, including environmental, historical, and social forces, as well as affective states, knowledge structures, motives, and other unseen aspects of our cognitive frameworks and processes. One of the situational factors that we are particularly likely to overlook is physical space - that is, landscapes, places, natures, boundaries, and spatialities. Our shortsightedness comes at a great cost. Spatial concerns shape legal …

Measurement Of J/Ψ Photoproduction At Large Momentum Transfer At Hera, S. Chekanov, M. Derrick, S. Magill, B. Musgrave, D. Nicholass, J. Repond, R. Yoshida, P. Antonioli, G. Bari, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, F. Cindolo, M. Corradi, G. Iacobucci, A. Margotti, R. Nania, A. Polini, S. Antonelli, M. Basile, M. Bindi, L. Cifarelli, A. Contin, S. De Pasquale, G. Sartorelli, A. Zichichi, D. Bartsch, I. Brock, H. Hartmann, E. Hilger, Margarita C. K. Mattingly

Faculty Publications

The proton-dissociative diffractive photoproduction of J/ψ mesons has been studied in ep collisions with the ZEUS detector at HERA using an integrated luminosity of 112 pb-1. The cross section is presented as a function of the photon-proton centre-ofmass energy and of the squared four-momentum transfer at the proton vertex. The results are compared to perturbative QCD calculations.

Measurement Of D+ And ΛC+ Production In Deep Inelastic Scattering At Hera, H. Abramowicz, I. Abt, L. Adamczyk, M. Adamus, R. Aggarwal, S. Antonelli, P. Antonioli, A. Antonov, M. Arneodo, V. Aushev, Y. Aushev, O. Bachynska, A. Bamberger, A. N. Barakbaev, G. Barbagli, G. Bari, F. Barreiro, D. Bartsch, M. Basile, O. Behnke, J. Behr, U. Behrens, L. Bellagamba, A. Bertolin, S. Bhadra, M. Bindi, C. Blohm, T. Bołd, E. G. Boos, M. Borodin, K. Borras, Margarita C. K. Mattingly

Faculty Publications

Charm production in deep inelastic scattering has been measured with the ZEUS detector at HERA using an integrated luminosity of 120 pb-1. The hadronic decay channels D+ → KS0π+, Λc+ → pKS0 and Λc+ → Λπ+, and their charge conjugates, were reconstructed. The presence of a neutral strange hadron in the final state reduces the combinatorial background and extends the measured sensitivity into the low transverse momentum region. The kinematic range is 0 < pT (D+,Λc+ ) < 10GeV, |η(D+,Λc+ )| < 1.6, 1.5 < Q2 < 1000GeV2 and 0.02 < y < 0.7. Inclusive and differential cross sections for the production of D+ mesons are compared to next-to-leading-order QCD predictions. The fraction of c quarks hadronising into Λc+ baryons is extracted.

Public Interest(S) And Fourth Amendment Enforcement, Alexander A. Reinert

Articles

Fourth Amendment events generate substantial controversy among the public and in the legal community. Yet there is orthodoxy to Fourth Amendment thinking, reflected in the near universal assumption by courts and commentators alike that the amendment creates only tension between privately held individual liberties and public-regarding interests in law enforcement and security. On this account, courts are faced with a clear choice when mediating Fourth Amendment conflicts: side with the individual by declaring a particular intrusion to be in violation of the Constitution or side with the public by permitting the intrusion. Scholarly literature and court decisions are accordingly littered …

The Effect Of Athletic Participation On Academic Achievement For High School Seniors In Eastern Tennessee, David Andrew Gorman

Doctoral Dissertations and Projects

This causal-comparative study with a narrative component investigated the effect athletic participation on the academic achievement of senior student-athletes and non-athletes who attended three public high schools in Eastern Tennessee. The impetus for the study was the conflicting research as it relates to the impact athletics participation had on academic success at the college and high school levels. Through student athlete and non-athlete comparisons of ACT scores and GPAs, the researcher found athletic participation did not affect academic achievement for high school seniors who graduated in 2009 from the three target high schools when compared to non-athletes. However, statistically significant …

The Relationship Between Stress, Work Hours And Depressive Symptoms Among Migrant Factory Workers In China, Anthony Ping-Kam So

Doctoral Dissertations and Projects

This study sought to identify the relationship between work hours, stress, and depressive symptoms among migrant factory workers in China (N = 911). Using correlational analyses, the researcher arrived at results that indicated there was a weak but significant positive correlation between working hours and stress levels; a significant moderate relationship between working hours and depression levels, and a significant association between stress levels and depressive symptoms among migrant factory workers in China. Additionally, multiple regression analysis found a significant correlation between depressive symptoms and dorm-living (environmental factor) in the participants. Data indicated social support and gender difference were found …

The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah S. Purdy

Faculty Scholarship

Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …

Close Encounters Of Three Kinds: On Teaching Dominance Feminism And Intersectionality, Kimberlé W. Crenshaw

Faculty Scholarship

I am pleased to be a part of this symposium honoring Catharine MacKinnon's groundbreaking work as a feminist theorist, legal advocate, and global activist. This invitation not only presents the opportunity to examine the interface between dominance theory and intersectionality, but also the occasion to delve further into the vexed rhetorical politics surrounding feminism and antiracism.

By now the fact that there has been a contested relationship between antiracism and feminism is almost axiomatic.1 Yet as with most things that have become matters of common knowledge, there is a risk that generalizations can metastasize into hardened conclusions that obscure rather …

Promoting Innovation: The Law Of Publicly Traded Corporations, Merritt B. Fox

Faculty Scholarship

Improving economic welfare requires that society’s scarce savings be allocated among proposed real investment projects in a way that appreciates the prospects of promising new innovations. Corporate and securities law help structure important elements of this process of allocation. This article sketches out an approach based upon a seemingly paradoxical analogy of a market economy’s overall finance process to the way a hierarchical organization gathers and processes relevant bits of information dispersed among many individuals in order to make decisions. It thereby takes advantage of important thinking in communications and organizational theory about how to make organizations sensitive to the …

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, …

In Celebration Of Steven Shiffrin's The Religious Left And Church-State Relations, Kent Greenawalt

Faculty Scholarship

Steven Shiffrin's The Religious Left and Church-State Relations is a truly remarkable book in many respects. I shall briefly note a few of its striking features, including some illustrative passages, and outline a number of its central themes, before tackling what for me is its most challenging and perplexing set of theses – the relations between constitutional and political discourse, and between religious liberals, on the one hand, and religious conservatives and secular liberals on the other.

We might well think of this as two books in one: a book about the constitutional law of free exercise and non-establishment, and …

A Personal Note, Debra A. Livingston

Faculty Scholarship

It's a pleasure to introduce this issue honoring Columbia's most lovable curmudgeon. What can I say about the Harlan Fiske Stone Professor of Law? I should acknowledge, at the start, Henry's profound intellectual contribution to Columbia and to the law. There are not many of us who can say, with justification, that we've written the Greatest Hits of Public Law Scholarship over the course of our careers. And few of us have made individual contributions that equal "Constitutional Common Law," "Marbury and the Administrative State," "We the People[s]," "Stare Decisis," or "The Constitution Goes to Harvard." Henry is unusual among …

Refusals Of Conscience: What Are They And When Should They Be Accommodated?, Kent Greenawalt

Faculty Scholarship

Approaching this subject as a decided nonexpert, I want to explore a number of questions about a right to conscience in respect to efusals to provide health-care services. My hope is that the questions will seem important and relevant, even if some of my tentative answers are controversial or even misguided.

It is helpful to distinguish three levels of analysis: 1) What would be an ideal scope for rights of conscience if we could put aside difficulties of administration and political feasibility? 2) What would be a desirable approach given administrative and political realities? 3) And in what rhetoric should …

International Issues: Which Country's Law Applies When Works Are Made Available Over The Internet, Jane C. Ginsburg

Faculty Scholarship

My topic is International Implications, a topic that would not exist but for the Internet. When access to archival materials was on a physical basis, patrons came to the archive and consulted the material on site; the material did not leave the archive, much less get sent overseas. Even digitized materials, if consulted on site, do not present the problems that arise if the archives puts this material on a website, which is accessible around the world, that ubiquity being the default condition ofthe Internet.

Let us consider some problems that might arise and which have international consequences. First of …

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 …

A Conversation About Problem-Solving Courts: Take 2, Jane M. Spinak

Faculty Scholarship

The University of Maryland Law Journal of Race, Religion, Gender and Class symposium on problem-solving courts surfaced a wide array of issues on the meaning and practices of these courts. My prepared remarks at the symposium addressed the first issue discussed in this article: the potential disparate impact of problem-solving courts on minority families who are disproportionately affected by these court processes. The second part of the article draws on the discussion during the symposium to reflect on the difficulty supporters and critics of the problem-solving court movement have in talking and listening to each other.

Family Values In The Jewish Tradition, J. David Bleich

Articles

In Family Values in the Jewish Tradition, Professor J. David Bleich presents Judaism as a religion of law. He describes the family unit, "both as a social unit and as a legal institution," and how it helps to provide comfort, companionship, and stability. He discusses the role of reproduction within the family unit, artificial insemination, and the homosexual act (not the homosexual as a person). Professor Bleich concludes with a discussion of the phrase, "be fruitful and multiply." He notes that this phrase is understood as both a commandment and a blessing.

Class Dismissed: Contemporary Judicial Hostility To Small-Claims Consumer Class Actions, Myriam E. Gilles

Articles

I start from the view that small-value consumer claims are a primary reason that class actions exist, and that without class actions many - if not most - of the wrongs perpetrated upon small-claims consumers would not be capable of redress. It would then seem to follow that the class action device should be readily available in small-claims consumer cases. And yet, over the past decade, federal district courts have repeatedly declined to certify class actions on grounds that are specific to small-claims consumer cases. Foremost among those grounds is the notion that the federal class action rule carries within …

Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandated Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman

Articles

In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual’s right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship.

Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act’s integration mandate, this Article argues that …

Retribution And The Experience Of Punishment, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Articles

In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment generally involves the imposition of negative experience. The reason that greater fines and prison sentences constitute more severe punishments than lesser ones is, in large part, that they are assumed to impose greater negative experience. Hedonic adaptation reduces that difference in negative experience, thereby undermining efforts to achieve proportionality in punishment. Anyone who values punishing more serious crimes more severely than less serious crimes by an appropriate amount - as virtually everyone does …

Panel 3: Bankruptcy & Restructuring Of Financial Institutions, Barry E. Adler, William A. Ackman, Marcia L. Goldstein, Arthur J. Gonzalez, Michael J. Krimminger, Edward R. Morrison

Faculty Scholarship

Barry Adler: Thank you all for being here. It is an honor for me to be on this panel and an honor to moderate it. Let me introduce our panel before we get started. William A. Ackman, the founder and CEO of Pershing Square Capital Management; Marsha Goldstein, a partner and chair of the business finance and restructuring department at Weil, Gotshal; the Honorable Arthur Gonzalez, a judge in the U.S. Bankruptcy Court for the Southern District of New York; and Ed Morrison, the Harvey Miller Professor of Law and Economics at Columbia Law School. Also on this panel is …

Model Green Building Ordinance For Municipalities Open For Comment, Michael B. Gerrard

Faculty Scholarship

In 2009, the residential and commercial building sector was responsible for more than 50 percent of total annual U.S. energy consumption, 74 percent of total U.S. electricity consumption, and 39 percent of total U.S. greenhouse gas emissions.

There has been a growing movement to encourage “green buildings” – those that generally use water, energy and materials more efficiently than conventional buildings, and utilize design, construction and siting features to reduce their negative environmental impacts.