Digital Commons Network^™

Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park

Faculty Scholarship

Fans of the Alexandre Dumas novel Three Musketeers will remember that the adventure includes a fourth young man, d'Artagnan, who hopes to become one of the King’s guards, along with his friends Athos, Porthos, and Aramis, living by the motto “All for one, one for all”. Likewise, an arbitrator’s generally include four key obligation: accuracy, fairness, and efficiency, as well as vigilance in promoting an enforceable award. Prevailing litigants normally hope that the arbitral process will lead to something more than a piece of paper. To this end, they expect arbitrators to avoid giving reasons for annulment or non-recognition to …

Trust And Fiduciary Duty In The Early Common Law, David J. Seipp

Faculty Scholarship

Trust is an expectation that others will act in one’s own interest. Trust also has a specialized meaning in Anglo-American law, denoting an arrangement by which land or other property is managed by one party, a trustee, on behalf of another party, a beneficiary.1 Fiduciary duties are duties enforced by law and imposed on persons in certain relationships requiring them to act entirely in the interest of another, a beneficiary, and not in their own interest.2 This Essay is about the role that trust and fiduciary duty played in our legal system five centuries ago and more.

Eagle Party, Jay D. Wexler

Faculty Scholarship

The Rocky Mountain Arsenal National Wildlife Refuge is a straight shot up Havana Street off of I-70 just east of downtown Denver, past an Office Depot and the national headquarters of a company called Scott’s Liquid Gold. No signs point to the Refuge, which was created on the site of a chemical munitions facility back in the mid-1990s and is now home to a herd of bison, dozens of burrowing owls, and so many furry prairie dogs that a roadside sign warns oncoming traffic of their potential “XING.” The entrance is hardly inviting, although the officer working the booth there …

The Second Amendment As Interpreted By Congress And The Court, Sean J. Kealy

Faculty Scholarship

In the last two years, the U.S. Supreme Court has finally offered a reasoned interpretation of the Second Amendment. By the slimmest of majorities in District of Columbia v. Heller and McDonald v. City of Chicago, the Supreme Court held that the Second Amendment supplies an individually-held right to bear arms; the government may place reasonable restrictions on gun ownership, but neither the federal government nor an individual state can deprive a person of their right to possess a handgun. Despite many pages of opinion, however, the majority in Heller offers an unsatisfying explanation for why the Second Amendment …

The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George

Faculty Scholarship

The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …

When Men Are Harmed: Feminism, Queer Theory, And Torture At Abu Ghraib, Aziza Ahmed

Faculty Scholarship

In this Article I explore the assertions of "anti-imperialist" feminist scholars who critique "imperial feminism" for its support of the war on terror (WOT). I bring into this analysis the proposition by queer theorists that feminist reliance on male/ female subordination has the potential to not only obscure harm in times of war but also to perpetuate it. As a case study, I focus on the Abu Ghraib prison photos that depict, in part, female soldiers torturing male Iraqi prisoners. In conducting this analysis, I reveal the analytical limitations of dominance and cultural feminists, particularly with regard to male harm …

Privacy Rights And Public Families, Khiara Bridges

Faculty Scholarship

This Article is based on eighteen months of anthropological fieldwork conducted among poor, pregnant women receiving prenatal care provided by the Prenatal Care Assistance Program (“PCAP”) at a large public hospital in New York City. The Prenatal Care Assistance Program (“PCAP”) is a special program within the New York State Medicaid program that provides comprehensive prenatal care services to otherwise uninsured or underinsured women. This Article attempts to accomplish two goals. The first goal is to argue that PCAP’s compelled consultations – with social workers, health educators, nutritionists, and financial officers – function as a gross and substantial intrusion by …

Engaging The Legal Academy In Disaster Response, Davida Finger, Laila Hlass, Anne Sikes Hornsby, Susan S. Kuo, Rachel A. Van Cleave

Faculty Scholarship

This article discusses three models of law school engagement that have been used to respond to natural disasters. The three models discussed are a disaster law clinic, a course on disaster law, and a student-led initiative featuring non-credit, pro bono placements. Each model offers a conceptual approach for integrating community-based, justice-oriented initiatives into academic and clinical teaching. Taken as templates for a more permanent model of engagement in the area of post-disaster law and social justice, these models demonstrate that the legal academy can meet its service obligation to the community while training lawyers to better appreciate the central tenets …

Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain

Faculty Scholarship

A basic tension in the U.S. constitutional and political order exists between two important ideas about the relationship between civil society and the state: (1) families, religious institutions, voluntary associations, and other groups are foundational sources, or “seedbeds,” of virtues and values that undergird constitutional democracy, and (2) these same institutions guard against governmental orthodoxy and overweening governmental power by generating their own distinctive virtues and values and by being independent locations of power and authority. The first idea envisions a comfortable congruence between civil society and government: the values and virtues - and habits and skills - cultivated in …

Responses To The Assurance Game In Monkeys, Apes, And Humans Using Equivalent Procedures, Sarah F. Brosnan, Audrey E. Parrish, Michael J. Beran, Timothy Flemming, Lisa Heimbauer, Catherine F. Talbot, Susan P. Lambeth, Steven J. Schapiro, Bart J. Wilson

ESI Publications

There is great interest in the evolution of economic behavior. In typical studies, species are asked to play one of a series of economic games, derived from game theory, and their responses are compared. The advantage of this approach is the relative level of consistency and control that emerges from the games themselves; however, in the typical experiment, procedures and conditions differ widely, particularly between humans and other species. Thus, in the current study, we investigated how three primate species, capuchin monkeys, chimpanzees, and humans, played the Assurance (or Stag Hunt) game using procedures that were, to the best of …

Profiling Originalism, Jamal Greene, Nathaniel Persily, Stephen Ansolabehere

Faculty Scholarship

Originalism is a subject of both legal and political discourse, invoked not just in law review scholarship but also in popular media and public discussion. This Essay presents the first empirical study of public attitudes about originalism. The study analyzes original and existing survey data in order to better understand the demographic characteristics, legal views, political orientation, and cultural profile of those who self-identfy as originalists. We conclude that rule of law concerns, support for politically conservative issue positions, and a cultural orientation toward moral traditionalism and libertarianism are all significant predictors of an individual preference for originalism. Our analysis …

Federalism And Federal Agency Reform, Gillian E. Metzger

Faculty Scholarship

This Article assesses three major preemption decisions from the 2008-2009 Term – Altria Group, Inc. v. Good, Wyeth v. Levine, and Cuomo v. Clearing House Ass'n – for their implications about the role of the states in national administrative governance. The Article argues the decisions are centrally concerned with using state law and preemption analysis to improve federal administration and police against federal agency failure. Federalism clearly factors into the decisions as well, but it does so more as a mechanism for enhancing federal agency performance than as a principle worth pursuing in its own right.

The decisions' …

European Kinship: Eastern European Women Go To Market, Anca Parvulescu

Women, Gender & Sexuality Studies Faculty Research

No abstract provided.

Federalism Under Obama, Gillian E. Metzger

Faculty Scholarship

At first glance, federalism would seem to have fared poorly under the Obama administration. The administration's signature achievements to date involve substantial expansions of the federal government's role, be it through new federal legislation addressing health insurance and financial sector reform or massive injections of federal spending. Such expansions in the federal government's role frequently translate into restrictions on the states. New federal legislation often preempts prior state regulation, and federal spending often comes with substantial conditions and burdens for the states. Not surprisingly, many state officials have sharply criticized these developments at the federal level, often invoking federalism as …

Agency Threats, Tim Wu

Faculty Scholarship

There are three main ways in which agencies regulate: rulemaking; adjudication; and informal tools of guidance, also called nonlegislative or interpretative rules. Over the last two decades, agencies have increasingly favored the use of the last of these three, which can include statements of best practices, interpretative guides, private warning letters, and press releases.

Scholars are hardly unaware of this trend. In a series of papers, writers have explored the use of informal regulation as it affects the relationship between agencies and the federal courts, asking when nonlegislative rules can be challenged as unenforceable for want of process. This Essay …

Quinolone Resistance In Escherichia Coli From Accra, Ghana, Sreela S. Namboodiri '08, Japheth A. Opintan, Rebeccah S. Lijek '07, Iruka N. Okeke

Biology Faculty Scholarship

We documented for the first time the molecular basis for quinolone resistance in Ghana and the presence of horizontally disseminated genes conferring resistance to these drugs. --author-supplied description

A Dreadful Emancipation: Walter Lippmann’S Critique Of Modernity, Ted Mcallister

School of Public Policy Working Papers

As the 1920s came to a close, Lippmann had abandoned most of his progressive shibboleths and had come to understand the great emancipation brought about by science, technology, and intellectual transformations as a particularly dangerous episode in western civilization. The liberation of the many in the great democratic transformation of the modern era did not promise wisdom or the triumph of reason. The rise of science, and particularly of social science, did not prepare the way for an age of objective knowledge and dispassionate debate. In an age of almost unprecedented personal liberty, the dissolution of inherited forms of authority …

Lie Detection And The Negotiation Within, Clark Freshman

Faculty Scholarship

No abstract provided.

Framing Constitutional Rights, Chimene Keitner

Faculty Scholarship

No abstract provided.

Rights Beyond Borders, Chimene Keitner

Faculty Scholarship

No abstract provided.

What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein

Articles

This has been a very rich opening panel to what promises to be a terrific conference. The panelists' comments go in such varied directions that it is a challenge to be both a commentator and summarizer, especially when I have just a few minutes to speak. What I plan to do is say a little bit to draw together some of the themes that the panelists have been talking about that are connected to a couple of topics I have been working on while at the same time trying to look forward to some of the things I hope we …

Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi

Faculty Scholarship

Five years ago, Fred Schauer published an article with the intriguing title: "Do Cases Make Bad Law?" Playing off Holmes' observation that "[g]reat cases like hard cases make bad law," Schauer explored the possibility, as he put it, that "it is not just great cases and hard cases that make bad law, but simply the deciding of cases that makes bad law.” His concern, confirmed and deepened by his characteristically balanced inquiry, was that general principles forged in the resolution of specific legal disputes can suffer by virtue of that provenance. Because such principles by definition are meant to carry …

Bad Girls Of Art And Law: Abjection, Power, And Sexuality Exceptionalism In (Kara Walker’S) Art And (Janet Halley’S) Law, Adrienne D. Davis

Scholarship@WashULaw

This paper seeks to make some connections between legal theorist Janet Halley and contemporary artist Kara Walker. It compares their recent oeuvre to show how both reject understandings of the interplay of sex, power, and subordination proffered by conventional “justice projects” - specifically civil rights’ and feminism’s articulations of bodily violence and violation as key modes of racial and gender injury and subordination. Neither of these two is the first to dispute such accounts of injury and identity; yet, what distinguishes them is that both attempt to ground their theoretical and aesthetic indictments in the notion of abjection, or the …

Introduction To The Symposium: Access To Justice: Mass Incarceration And Masculinity Through A Black Feminist Lens, Adrienne D. Davis, Annette R. Appell

Scholarship@WashULaw

This Introduction to the Symposium, Race to Justice: Mass Incarceration and Masculinity through a Black Feminist Lens, rehearses the animating forces that led to a colloquium and a series of papers that explore the question of mass incarceration and the negative state engagement surrounding it through gendered and feminist lenses. The Introduction explains how an analysis of mass incarceration through the lens of gender complicates what is often conceived as a story about race. Instead mass incarceration can be more deeply understood through its gendered effects on men and the women and children connected to those men. These connections include …

Justice Stevens, Religion, And Civil Society, Gregory P. Magarian

Scholarship@WashULaw

Did Justice John Paul Stevens, who retired from the Supreme Court last year, harbor a bias against religion? During his thirty-five years on the Court, Justice Stevens showed little favor for religious claimants. In Establishment Clause cases he advocated a strong doctrine of separation between church and state. In the most contentious Free Exercise Clause cases, he opposed exempting religious believers from laws that interfered with religious exercise. This combination of positions, unique among the Justices of the Burger, Rehnquist, and Roberts Courts, has led commentators to charge Justice Stevens with hostility toward religion. This article debunks that conventional analysis …

Religious Argument, Free Speech Theory, And Democratic Dynamism, Gregory P. Magarian

Scholarship@WashULaw

Political theorists have long debated whether liberal democratic norms of public political debate should constrain political arguments grounded in religious beliefs or similar conscientious commitments. In this article, Professor Magarian contends that normative insights from free speech theory have salience for this controversy and should ultimately lead us to reject any normative constraint on religious argument. On the restrictive side of the debate stand prominent liberal theorists, led by John Rawls, who maintain that arguments grounded in religion and other comprehensive commitments threaten liberal democracy by offering illegitimate grounds for government action and destabilizing democratic politics. On the permissive side …

The Complexity Of Jurisdictional Clarity, Scott Dodson

Faculty Scholarship

No abstract provided.

Effects Of Antiphospholipid Antibodies On Trophoblast-Mediated Angiogenesis And Vascular Remodeling, Tamara Carroll

Yale Medicine Thesis Digital Library

EFFECTS OF ANTIPHOSPHOLIPID ANTIBODIES ON TROPHOBLAST-MEDIATED ANGIOGENESIS AND VASCULAR REMODELING

Tamara Y. Carroll, Melissa Mulla and Vikki M. Abrahams. Section of Reproductive Immunology, Department of Obstetrics and Gynecology, Yale University, School of Medicine, New Haven, CT.

Women with antiphospholipid antibody syndrome (APS) are at increased risk for miscarriage and preeclampsia, which are associated with diminished trophoblast invasion and limited spiral artery transformation. Antiphospholipid antibodies (aPL) specifically target the placenta by binding trophoblast beta₂glycoprotein I (&beta₂GPI). Thus, we determined whether aPLs alter trophoblast angiogenic factor production, endothelial tube formation, and trophoblast-endothelial cell interactions, and evaluated the effect …

Prevalence Of Hearing Impairment And Ear Disorders In Beni, Bolivia: A Population Based Study, Stephen Kelleher

Yale Medicine Thesis Digital Library

Stephen P. Kelleher, Diego Santana-Hernández, M.D.(a) (sponsored by Melinda M. Pettigrew Ph.D., Associate Professor of Epidemiology, Yale School of Public Health, New Haven, Connecticut) (a) Fundación Totaí, Casilla 158, Trinidad, Beni, Bolivia.

ABSTRACT:

Hearing impairment is a significant source of morbidity worldwide. It is estimated that over 278 million people in the world experience moderate to profound hearing loss. The goal of this study was to provide population based data on hearing loss and ear disease in Beni, Bolivia and to specifically answer the question of whether particular population demographics are associated with hearing impairment so that hearing loss prevention …

Urine Microscopy Findings Predict Outcomes In Hospitalized Patients With Acute Kidney Injury, Patricia Peter

Yale Medicine Thesis Digital Library

Though urine microscopy has long been highly regarded by nephrologists as an essential diagnostic tool, its potential utility in predicting outcome in acute kidney injury (AKI) warrants further exploration. In this study, urine sediment microscopy was performed on 165 hospitalized patients on the first day of their clinical AKI diagnosis to determine whether microscopy findings early in the course of this disease correlate with "worsening," a composite of increasing AKI stage and in-hospital mortality. Microscopy findings were recorded as individual cells and casts along with a microscopy score derived from renal tubular epithelial (RTE) cells and granular casts. Our data …