Digital Commons Network^™

United States Of America, Michael B. Gerrard, Gregory E. Wannier

Faculty Scholarship

The prospect of carbon liability in the United States is a relatively recent phenomenon. It is only in the last decade that US environmental lawyers and policy-makers have begun to turn their attention to climate change, as climate-related litigation has surged, government action on several fronts has begun, and climate change has generally been recognised as a factor to consider in decision-making across the economy. This chapter lays out existing options to establish liability for greenhouse gas (‘GHG’) emissions along legislative, regulatory and judicial channels.

Full Participation: Building The Architecture For Diversity And Public Engagement In Higher Education, Susan P. Sturm, Timothy Eatman, John Saltmarsh, Adam Bush

Faculty Scholarship

This catalyst paper offers a conceptual framework for connecting a set of conversations about change in higher education that often proceed separately but need to be brought together to gain traction within both the institutional and national policy arenas. By offering a framework to integrate projects and people working under the umbrella of equity, diversity, and inclusion with those working under the umbrella of community, public, and civic engagement, we aim to integrate both of these change agendas with efforts on campus to address the access and success of traditionally underserved students. We also hope to connect efforts targeting students, …

Purple Haze, Clare Huntington

Faculty Scholarship

It takes only a glance at the headlines every political season – with battles over issues ranging from abortion and abstinence-only education to same-sex marriage and single parenthood – to see that the culture wars have become a fixed feature of the American political landscape. The real puzzle is why these divides continue to resonate so powerfully. In Red Families v. Blue Families: Legal Polarization and the Creation of Culture, Naomi Cahn and June Carbone offer an ambitious addition to our understanding of this puzzle, illustrating pointedly why it is so hard to talk across the political divide. In a …

Copyright In The Digital Environment: Restoring The Balance, Jane C. Ginsburg

Faculty Scholarship

Good evening. Please find your seats, and it's wonderful to see so many people here. Welcome to the Twenty-Fourth Annual Manges Lecture. The Horace S. Manges Lecture and Conference Fund was established by the firm of Weil, Gotshal and Manges in memory of Horace S. Manges, Columbia Law School Class of 1919. Mr. Manges was a distinguished trial lawyer who worked on behalf of countless writers and publishers.

Tonight's speaker, Dr. Francis Gurry, was appointed Director General of the World Intellectual Property Organization, WIPO, on October 30, 2008. During a career at WIPO that began in 1985, Francis Gurry was …

A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah S. Purdy

Faculty Scholarship

In a tribute like this, the question arises unavoidably: is Carol a fox or a hedgehog? That is, following Isaiah Berlin’s iconic distinction, does she know many things, like the fox, or, like the hedgehog, does she know one big thing?

It may seem strange that the ecosystem of legal scholarship should contain so little biodiversity; but the question engaged me. I started out thinking that Carol must be a fox, but I may have thought so for the wrong reasons: reasons of style, basically, having to do with her light-footedness, her deftness, and the recurrent sense that, just when …

The Golden Age, Angela Sorby

English Faculty Research and Publications

No abstract provided.

The Poetics Of Bird-Defense, 1860-1918, Angela Sorby

English Faculty Research and Publications

No abstract provided.

The Salt Lake Theatre: Brigham's Playhouse, Kenneth L. Alford Ph.D., Robert C. Freeman Ph.D.

Faculty Publications

A history of the Salt Lake Theatre (dedicated in 1862).

Resolving Conflicts By A Random Device, Erik O. Kimbrough, Roman M. Sheremeta, Timothy W. Shields

ESI Working Papers

We examine conflict resolution via a random device. We model conflict as a two-agent rent-seeking contest for a fixed prize. Before conflict arises, both agents may agree to allocate the prize by coin flip to avoid the costs of conflict. In equilibrium, risk-neutral agents with relatively symmetric conflict capabilities agree to resolve the conflict by randomization. However, with sufficiently asymmetric capabilities, conflicts are unavoidable because the stronger agent prefers to fight. Laboratory experiments confirm that the availability of the random device partially eliminates conflicts when agents are relatively symmetric; however, the device also reduces conflict between substantially asymmetric agents.

Re:Chicago, Louise Lincoln, Robert Cozzolino, Wendy Greenhouse, Kirsten M. Jensen, Lynne Warren, Susan Weininger, Corey Postiglione, Darby English, Jamie Shaw, James Elkins, David Travis, Joanna Gardner-Huggett, Lynne Warren, Jason Foumberg, Ed Marszewski, Matthew Girson, Gregory J. Harris, Mary Trent, James Yood, Mary Gedo, Laura Fatemi, Carol Adams, Franz Schulze, Esther Sparks, James Rondeau, Anne Burke, Ed Burke, Tim Samuelson, Neil Harris, Paul Klein, Mary Ann Papanek-Miller, Lewis Manilow, Powell Bridges, Harlan J. Berk, Ed Maldonado, Peter Selz, Cecile Whiting, Carlos Tortolero, Dennis Adrian, Michael Weinstein, Robert Clifford, Richard Holland, Duncan Mackenzie, Lanny Silverman

DePaul Art Museum Publications

No abstract provided.

Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw

Faculty Scholarship

This Article revisits the history of Critical Race Theory (CRT) through a prism that highlights its historical articulation in light of the emergence of postracialism. The Article will explore two central inquiries. This first query attends to the specific contours of law as the site out of which CRT emerged. The Article hypothesizes that legal discourse presented a particularly legible template from which to demystify the role of reason and the rule of law in upholding the racial order. The second objective is to explore the contemporary significance of CRT's trajectory in light of today's "post-racial" milieu. The Article posits …

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain

Maryland Law Review

No abstract provided.

Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch

Maryland Law Review

No abstract provided.

The Roles Of Conserved And Nonconserved Cysteinyl Residues In The Oligomerization And Function Of Mammalian Prestin, Benjamin Currall, Danielle Rossino, Heather Jensen Smith, Richard Hallworth

Journal Articles: Eppley Institute

The creation of several prestin knockout and knockin mouse lines has demonstrated the importance of the intrinsic outer hair cell membrane protein prestin to mammalian hearing. However, the structure of prestin remains largely unknown, with even its major features in dispute. Several studies have suggested that prestin forms homo-oligomers that may be stabilized by disulfide bonds. Our phylogenetic analysis of prestin sequences across chordate classes suggested that the cysteinyl residues could be divided into three groups, depending on the extent of their conservation between prestin orthologs and paralogs or homologs. An alanine scan functional analysis was performed of all nine …

Living With Schizophrenia: A Phenomenological Investigation, Andri Yennari

Electronic Theses and Dissertations

This study investigated the experience of living with schizophrenia through seven participants' accounts of the way they have been perceived and treated by others, as well as the way they viewed themselves after having been identified with the diagnosis of schizophrenia. Participants were recruited through psychologists at the mental health facility where they received treatment and were interviewed by the researcher in that facility.

To analyze the data of this study, an empirical phenomenological method was used to explicate the meaning of schizophrenia as it was experienced and lived by participants. A hermeneutic component was included to interpret the data …

Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge?, Ty Alper

Duke Law Journal

This Article is the first to take a comprehensive look at the issue of statute-of-limitations accrual in method-of-execution cases. In other words, when does the clock start ticking on a death row inmate's right to challenge the way in which the state intends to execute him? Most circuit courts have held that method-of-execution challenges accrue at the completion of the direct appeal process. This means that death row inmates in these jurisdictions must file method-of-execution challenges years, and sometimes even decades, before an actual execution is scheduled. Although this approach has been the subject of much criticism, even the dissenting …

The Curious Relationship Of Marriage And Freedom, Katherine M. Franke

Faculty Scholarship

This essay explores why and how today’s marriage equality movement for same-sex couples might benefit from lessons learned by African Americans when they too were allowed to marry for the first time in the immediate post-Civil War era. Why has the right to marry, rather than say, employment rights, educational opportunity or political participation, emerged as the preeminent vehicle by and through which the freedom, equality and dignity of gay men and lesbians is being fought in the present moment. Why marriage? In what ways are the values, aspirations, and even identity of an oppressed community shaped when they are …

Attachments And Associated Reasons, Joseph Raz

Faculty Scholarship

The paper will unfold in 5 parts dealing with five questions: first, does the partiality of attachments present an obstacle to their being or giving practical reasons? Second, given a value-based approach to practical reasons, can universal values generate reasons that are specific to their subjects, reasons – say – towards my friends that only I have? Third, do attachments affect what we do independently of any reasons that they provide? Fourth, in what ways do attachments constitute or provide normative reasons, and briefly, how do attachment-related reasons relate to other practical reasons? Finally, I turn to the question of …

Dignifying Rights: A Comment On Jeremy Waldron’S Dignity, Rights, And Responsibilities, Katherine M. Franke

Faculty Scholarship

In Dignity, Rights, and Responsibilities1 Jeremy Waldron offers a characteristically thoughtful and elegant account of rights, or as he calls it, responsibility-rights. As Waldron rightfully acknowledges, rights understood as a form of responsibility are not meant to capture every species of rights, but to provide us with a new analytic resource for better understanding a particular subset of rights that curiously entail a form of responsibility on the part of the rights holder. The link between rights and responsibility, Waldron argues, is built upon a strong foundational commitment to human dignity. The most compelling contribution of Waldron's paper is his …

Public Sex, Same-Sex Marriage, And The Afterlife Of Homophobia, Katherine M. Franke

Faculty Scholarship

The summer of 2011 marked an important turning-point in the geography and politics of sex: public sex, previously a domain dominated by the specter of a hypersexualized gay man, became the province of the irresponsible, foolish, and self-destructive heterosexual man, such as Anthony Weiner. Meanwhile, homosexuals were busy domesticating their sexuality in the private domain of the family. Just as hetero-sex shamefully seeped out into the open, homo-sex disappeared from view into the dignified pickets of private kinship. In this essay I examine the panic that unfolded in connection with Representative Weiner’s tweets as a kind of afterlife of homophobia; …

Equal Opportunity For Arbitration, Hiro Aragaki

Faculty Scholarship

Despite talk of a “federalism revival,” state law is quietly losing ground in the U.S. Supreme Court, and the arbitration area is no exception. For as currently interpreted by the lower courts, the Federal Arbitration Act (FAA) is on course to preempt a vast array of legislation that serves important public interests but that is only tenuously related to arbitration. The Court has implicitly endorsed this trajectory in AT&T Mobility LLC v. Concepcion (decided as this Article went to press), leading many to abandon hope of a principled judicial response to this mounting problem of overpreemption. In this Article, I …

Arbitration’S Suspect Status, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Making Willing Bodies: Manufacturing Consent Among Prisoners And Soldiers, Creating Human Subjects, Patriots, And Everyday Citizens, Bernard E. Harcourt

Faculty Scholarship

In March 1944, doctors at the University of Chicago began infecting volunteer convicts at Stateville Prison with a virulent strand of malaria to test the effectiveness and side-effects of potent anti-malarial drugs. According to Dr. Alf Alving, the principal investigator, malaria "was the number-one medical problem of the war in the Pacific" and "we were losing far more men to malaria than to enemy bullets." This refrain would rehearse one of the most productive ways of speaking about prisoner experimentation. The Stateville prisoners became human once again and regained their citizenship and political voice by sacrificing their bodies to the …

Using Novels In The Science Classroom, Hannah Llewellyn Haarhues

Dissertations and Theses @ UNI

Reading is a key factor in the success of students through their school years as well as their lives. With Americans reading less and falling behind in subjects as they progress through the school system, reading is the subject area that benefits all aspects of their schooling. Studies done from the 1990s on have shown successful reading programs improve standardized test scores of school age students. Trade books in place of textbooks had been explored, but only in middle school or younger. This study uses a survey to explore high school biology students' opinions on reading and science before and …

Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López

Cardozo Law Review

No abstract provided.

Forks Taken And Roads Not Taken: Standing To Challenge Faith-Based Spending, Mark C. Rahdert

Cardozo Law Review

No abstract provided.

States And Networks In The Formation Of International Law, Moria Paz

Faculty Scholarship

No abstract provided.

Chemical Modulation Of Memory Formation In Larval Zebrafish, Marc A. Wolman, Roshan A. Jain, Laura Liss, Michael Granato

Biology Faculty Scholarship

No abstract provided.

Discrimination By Comparison, Suzanne B. Goldberg

Faculty Scholarship

Contemporary discrimination law is in crisis, both methodologically and conceptually. The crisis arises in large part from the judiciary's dependence on comparators – those who are like a discrimination claimant but for the protected characteristic – as a favored heuristic for observing discrimination. The profound mismatch of the comparator methodology with current understandings of identity discrimination and the realities of the modern workplace has nearly depleted discrimination jurisprudence and theory. Even in run-of-the-mill cases, comparators often cannot be found, particularly in today's mobile, knowledge-based economy. This difficulty is amplified for complex claims, which rest on thicker understandings of discrimination developed …

T Cell Receptor Signal Strength In Treg And Inkt Cell Development As Revealed By A Novel Fluorescent Reporter Mouse, Amy E. Moran, Keli L. Holzapfel, Nicole R. Cunningham, Jennifer Punt

Biology Faculty Scholarship

No abstract provided.