Digital Commons Network^™

Pearson V. Callahan And Qualified Immunity: Impact On First Amendment Law, David L. Hudson Jr.

Law Faculty Scholarship

An essay on Pearson v. Callahan and its impact on First Amendment Law.

Organizational Learning In Schools Pursuing Social Justice: Fostering Educational Entrepreneurship And Boundary Spanning, Martin Scanlan

College of Education Faculty Research and Publications

The field of socially just educational leadership is focused on promoting improvements in the teaching and learning environment as demonstrated by student learning gains, particularly for traditionally marginalized students. The field has identified priorities (i.e., school improvement, democratic community, and social justice) and steps to pursue these priorities (specific strategies school leaders can take and conditions they can foster). Building on this literature, this article examines organizational learning in school communities that claim to be pursuing these priorities. It argues that organizational learning is a lens for socially just educational leaders to link theory with practice and to shift their …

The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian E. Dervan

Law Faculty Scholarship

Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …

American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian E. Dervan

Law Faculty Scholarship

In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …

Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian E. Dervan

Law Faculty Scholarship

Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the …

Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian E. Dervan

Law Faculty Scholarship

In discussing imperfections in the adversarial system, Professor Ribstein notes in his article entitled Agents Prosecuting Agents, that “prosecutors can avoid the need to test their theories at trial by using significant leverage to virtually force even innocent, or at least questionably guilty, defendants to plead guilty.” If this is true, then there is an enormous problem with plea bargaining, particularly given that over 95% of defendants in the federal criminal justice system succumb to the power of bargained justice. As such, this piece provides a detailed analysis of modern-day plea bargaining and its role in spurring the rise of …

From Coverture To Contract: Engendering Insurance On Lives, Mary L. Heen

Law Faculty Publications

In the 1840s, state legislatures began modifying the law of marital status to ease the economic distress of widows and children at the family breadwinner's death. Insurance-related exceptions to the common law doctrine of "marital unity" under coverture permitted married women to enter into insurance contracts and protected life insurance proceeds from their husbands' creditors. These early insurance-related statutory exceptions to coverture introduced an important theoretical question that persisted for the rest of the nineteenth century-and into the next-as broader legal and social reforms took hold. How could equality of contract for married women be reconciled with the traditional dependencies …

Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges

Law Faculty Publications

This Article begins by briefly describing how legal and political action has come to be a central strategy for labor unions. Next, it analyzes the ways in which the law has failed the labor movement, reviewing various laws that have been enacted to protect employees, often at the behest of unions, and how those laws have been perversely twisted to the detriment of workers. The Article, then, looks at unions and employee movements that have succeeded in the face of unfavorable laws and analyzes the determinants of those union successes. Finally, based on these strategies, the Article provides suggestions about …

University Initiation Of Patent Infringement Litigation, Jacob H. Rooksby

Law Faculty Publications

No abstract provided.

The 2010 Elections: Illinois Still Blue Despite The Red Wave That Swept The Nation, John S. Jackson

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

No abstract provided.

Alternatives To Illinois’ Budget Deficit: An Analysis Of Proposed Solutions By Gubernatorial Candidates, Elected Officials, And Public Policy Organizations, Christopher Baughman, Adrian M. Velazquez

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

No abstract provided.

Vico, Llewellyn And The Task Of Legal Education, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Catalog 2011-2012, University Of North Florida

UNF Course Catalogs

No abstract provided.

The Origins Of The Privileges Or Immunities Clause, Part Ii: John Bingham And The Second Draft Of The Fourteenth Amendment, Kurt T. Lash

Law Faculty Publications

Historical accounts of the Privileges or Immunities Clause of Section One of the Fourteenth Amendment generally assume that John Bingham based the text on Article IV of the original Constitution and that Bingham, like other Reconstruction Republicans, viewed Justice Washington’s opinion in Corfield v. Coryell as the definitive interpretation of Article IV. According to this view, Justice Miller in the Slaughterhouse Cases failed to follow both framers’ intent and obvious textual meaning when he sharply distinguished Section One’s privileges or immunities from Article IV’s privileges and immunities.

This article, the second in an extended investigation of the origins of the …

Judicious Influence: Non-Self-Executing Treaties And The Charming Betsy Canon, Rebecca Crootof

Law Faculty Publications

Despite their seeming impotency, non-self-executing treaties play an important role in domestic jurisprudence. When a statute permits more than one construction, judges have a number of interpretive tools at their disposal. One of these is the Charming Betsy canon, which encourages judges to select an interpretation of an ambiguous statute that accords with U.S. international obligations -including those expressed in non-self-executing treaties. This Note concludes that the judicial practice of giving indirect force to all treaties through the Charming Betsy canon is both justified and beneficial.

Book Review: Beyond Intellectual Property: Matching Information Protection To Innovation, Kristen Osenga

Law Faculty Publications

William Kingston frames this book around a clearly stated premise: the focus of information protection regimes has shifted from benefiting the public to benefiting private individuals with interests in the game—and this shift is not good. Early on, protection of information was shaped by actors with no personal stake but rather a desire to encourage invention and innovation for the public good. These actors were primarily limited by constitutional provisions and bureaucratic inefficiencies. As time went on,and as information became a more important commodity, information protection schemes were fashioned, or perhaps twisted, by the parties that would derive the most …

A Mixed Methods Study Of How The Transition Process Impacts The Autonomy Of Pre-Service Secondary Mathematics Teachers, Linda Kasal Fusco

Department of Educational Administration: Dissertations, Theses, and Student Research

This mixed methods study sought to identify the impact that transition into the practice of teaching had on the autonomy of pre-service secondary teachers of Mathematics.  It was based on the belief that a Mathematics teacher’s autonomy depended on: beliefs about Mathematics and how it was learned, reflections on the teaching practice, and social constraints of a secondary school culture. Data was collected between January 2009 and March 2010.  In Phase I (Quantitative) the participants (N = 30), selected from ten State University of New York teacher preparation colleges and universities, completed five instruments to quantify the three factors of …

Establishing Parameters For Problem Difficulty In Permutation-Based Genetic Algorithms, Adam Nogaj

Theses

This thesis examines the performance of genetic algorithm (GA) crossover techniques within two problems: n-queens with poison (NQWP) and processor scheduling (PS). Each problem was analyzed at sizes of 32, 64, and 128, referring to number of queens to be placed and number of single-time-unit processes to be scheduled, respectively. The specific crossover techniques studied were cycle crossover, order crossover, partially mapped crossover, merging crossover, and one-point, two-point, and uniform signature representation crossover, in addition to various greedy approaches. In conjunction with tests that vary crossover techniques, experimentation was performed to determine what percentage of problem constraints (poisoned squares for …

Inhibition Of Cathepsin B Activity Attenuates Extracellular Matrix Degradation And Inflammatory Breast Cancer Invasion, Bernadette C. Victor, Arulselvi Anbalagan, Mona M. Mohamed, Bonnie F. Sloane, Dora Cavallo-Medved

Wayne State University Associated BioMed Central Scholarship

Abstract

Introduction

Inflammatory breast cancer (IBC) is an aggressive, metastatic and highly angiogenic form of locally advanced breast cancer with a relatively poor three-year survival rate. Breast cancer invasion has been linked to proteolytic activity at the tumor cell surface. Here we explored a role for active cathepsin B on the cell surface in the invasiveness of IBC.

Methods

We examined expression of the cysteine protease cathepsin B and the serine protease urokinase plasminogen activator (uPA), its receptor uPAR and caveolin-1 in two IBC cell lines: SUM149 and SUM190. We utilized a live cell proteolysis assay to localize in real …

The Potential Role Of Innate Immunity In The Pathogenesis Of Post-Operative Adhesions, Jennell White

Wayne State University Dissertations

Post-operative adhesion development occurs in the vast majority of patients following abdominal surgery and is a natural occurrence of peritoneal-wound healing. These fibrous bands may form within the first 5-7 days post-surgery and have the ability to cause a distortion in the normal anatomical positioning of abdominal organs. Consequently, adhesions are major contributors to small bowel obstruction, infertility, and severe pelvic and abdominal pain. Physiological processes responsible for adhesion formation remain obscure though it is believed to involve cell migration, proliferation, and differentiation of several cell types including mesothelial cells, fibroblasts, and inflammatory and immune cells. Substances released from these …

Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Nick B. Nelson

SMU Law Review

No abstract provided.

Tribute To Henry J. Lischer, Jr., John B. Attanasio

SMU Law Review

No abstract provided.

Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe

SMU Law Review

No abstract provided.

Some Think Of The Future: Internet, Electronic, And Telephonic Labor Representation Electionslabor Representation Elections, William A. Herbert, Sara Slinn

Publications and Research

Amid the scholarly dialogue regarding amending labor certification procedures, there have been calls for the adoption of internet, electronic and/or telephonic representation voting (IETV) procedures in representation elections. To date, most labor relations agencies in the United States and Canada have not implemented IETV. Three notable exceptions are the National Mediation Board (NMB) and the Federal Labor Relations Authority (FLRA) in the United States, and the Canada Industrial Relations Board (CIRB). This article explores the strengths and weaknesses of IETV and the potential for wider adoption of this technology in the representation election context. The article examines NMB’s rationale in …

Public Sector Labor Law And History: The Politics Of Ancient History?, William A. Herbert

Publications and Research

This article discuss three books that address various aspects of public sector labor history. It seeks to contextualize the current debate over public sector labor law and relations through the lessons of relevant history. The first book discussed is entitled The Man Who Saved New York: Hugh Carey and the Great Fiscal Crisis of 1975, by Seymour P. Lachman and Robert Polner. It recounts the leadership of Governor Carey and public sector labor leaders in reaching negotiated solutions through collective bargaining that helped solve New York City's fiscal crisis in 1975. The second book is a long-forgotten 1948 treatise Government …

Who's Afraid Of Philanthrocapitalism ?, Garry W. Jenkins

Case Western Reserve Law Review

No abstract provided.

Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas

Publications

This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.

This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …

Womanism And Social Change In Trinidad Morgades Besari's Antã­Gona From Equatorial Guinea, Dosinda Garcìa-Alvite

Faculty Publications

No abstract provided.

Judging Women, Mitu Gulati, Stephen J. Choi, Mirya Holman, Eric A. Posner

Faculty Scholarship

Judge Sonia Sotomayor’s assertion that female judges might be “better” than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis. Primarily using a dataset of all the state high court judges in 1998-2000, we estimate three measures of judicial output: opinion production, outside state citations, and co-partisan disagreements. We find that the male and female judges perform at about the same level. Roughly similar findings show up in data from the …

The Provider-Monopoly Problem In Health Care, Clark C. Havighurst, Barak D. Richman

Faculty Scholarship

Although federal judges have resisted giving due effect to standard antitrust principles in scrutinizing mergers of nonprofit hospitals, the presence of health insurance makes it especially important to oppose monopoly in health services markets. U.S.-style health insurance gives monopolist providers extraordinary pricing freedom, thus exacerbating monopoly’s usual redistributive effects. Significant allocative inefficiencies - albeit not the kind generally associated with monopoly - also result when the monopolist is a nonprofit hospital. Because it is probably impossible to undo past hospital mergers creating undue market power, we suggest some alternative remedies. One is to apply antitrust rules against "tying" arrangements so …