Digital Commons Network^™

Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict

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 …

Reduction Of Exacerbations By The Pde4 Inhibitor Roflumilast--The Importance Of Defining Different Subsets Of Patients With Copd, Stephen I. Rennard, Peter M.A. Calverley, Udo M. Goehring, Dirk Bredenbröker, Fernando J. Martinez

Journal Articles: Pulmonary & Critical Care Med

BACKGROUND: As chronic obstructive pulmonary disease (COPD) is a heterogeneous disease it is unlikely that all patients will benefit equally from a given therapy. Roflumilast, an oral, once-daily phosphodiesterase 4 inhibitor, has been shown to improve lung function in moderate and severe COPD but its effect on exacerbations in unselected populations was inconclusive. This led to the question of whether a responsive subset existed that could be investigated further.

METHODS: The datasets of two previous replicate, randomized, double-blind, placebo-controlled, parallel-group studies (oral roflumilast 500 μg or placebo once daily for 52 weeks) that were inconclusive regarding exacerbations were combined in …

Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline Kim

Scholarship@WashULaw

This Essay critically examines the commonplace use by judicial politics scholars of principal-agent models to describe the federal judicial hierarchy. It argues that agency models are useful in highlighting certain aspects of the interaction between upper and lower courts - specifically, the existence of value conflicts and informational asymmetries - but that in other ways traditional principal-agent models fit poorly the relationship between the lower federal courts and the Supreme Court. As a consequence, these models tend to obscure important normative questions about the relationship between lower and upper courts, as well as to distort the role that law plays …

Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa (M.J.) Durkee

Scholarship@WashULaw

The international refugee protection system is under threat. States weary of increased refugee flows and preoccupied with national security increasingly exploit legal gaps or avoid refugee law altogether. The U.S. approach to resettlement of Guantánamo detainee refugees exemplified this trend. Yet, in the Guantánamo context, U.S. avoidance of international refugee law put the executive in a bind that it could not easily escape: Because the U.S. executive was unwilling to assume the political cost of resettling the refugee detainees domestically, it resorted to peddling them for resettlement to foreign states while, at the same time, mounting a robust legal defense …

The Ole Miss, University Of Mississippi

The Ole Miss (1897-)

The Ole Miss Annual 2011

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 …

The Rising Bar For Persecution In Asylum Cases Involving Sexual And Reproductive Harm, Fatma E. Marouf

Faculty Scholarship

This Article argues that there is a rising bar for establishing persecution in U.S. asylum cases involving sexual and reproductive' harm. Analyzing recent cases, the Article shows that adjudicators tend to apply a higher standard for physical harm in these types of cases and largely overlook nonphysical harm, including psychological suffering and the intangible harm caused by deprivation of equality, autonomy, and privacy. The Article focuses specifically on two types of cases where these patterns appear: (1)female genital mutilation (FGM); and (2) involuntary insertion of an intrauterine device (IUD). Regarding FGM, the Article discusses an emerging dispute as to whether …

The Limits Of Tort Privacy, Neil M. Richards

Scholarship@WashULaw

The conception of tort privacy developed by Warren, Brandeis and Prosser sits at the heart of American understandings of privacy law. Rooted in protection of private information against unwanted collection, use, and disclosure, tort privacy protects against emotional injury, and was directed by design against disclosures of true, embarrassing facts by the media. In this essay, I argue that as conceived by Warren and Brandeis and interpreted by Prosser, tort privacy is a poor vehicle for grappling with problems of privacy and reputation in the digital age. Tort privacy, especially the disclosure tort, has from its inception been in conflict …

Between Liberalism And Theocracy, John D. Inazu

Scholarship@WashULaw

Our symposium conveners have focused us on “the relationship between liberalism and Christianity and their influence on American constitutionalism.” My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for the relationship between church and state. By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are prone to …

Lessons From Forty Years Of Interference In Law School Clinics, Robert R. Kuehn, Bridget M. Mccormack

Scholarship@WashULaw

Recently, there have been a number of well-publicized attacks on law school clinics over their legal representation of unpopular individuals and organizations, which brings them in opposition to powerful business and political interests. This article analyzes the effects of forty years of publicized interference in law school clinics on law clinic attorneys and clinical legal education, and the lessons that can be drawn from this extended history. The article includes a typology of outside interference in clinics, provides empirical support for the negative effects of this interference on the attitudes and actions of clinic attorneys, and argues that there are …

Government Interference With Law School Clinics And Access To Justice: When Is There A Legal Remedy?, Peter A. Joy

Scholarship@WashULaw

This article analyzes government interference in law school clinical programs and suggests some legal remedies that may be available to challenge such interference.

The Progressive Presidency And The Shaping Of The Modern Executive, Andrea Scoseria Katz

Scholarship@WashULaw

The contemporary presidency, with its expanded foreign policy, administrative and public duties, is largely a brainchild of the Progressive Era. The Progressives envisioned an enlarged executive, one outside the original guidelines of the U.S. Constitution, which they deemed “archaic,” “undemocratic,” and unsuited to the demands of the modern age, in which mass capitalism dislocated, alienated and disenfranchised the common man. The Progressives wanted to bring about a more energetic, streamlined, and unified state at the helm of which stood the presidency, an office of popular leadership and swift action. To accommodate this new, active figure, some Progressives believed it necessary …

A New Uniform Code Of Consumer Credit, Danielle D'Onfro

Scholarship@WashULaw

This Essay provides an overview and criticism of predatory lending laws then proposes a new Uniform Code of Consumer Credit (UCCC) to work alongside the Truth in Lending Act. The proposed UCCC would provide a complete and behaviorally informed system of consumer financial protection that strives to keep credit affordable and to encourage innovative credit products. The Essay argues that a uniform law will create sufficient state-to-state consistency to reduce the need for federal preemption and thereby bring the benefits of federalism - protection from agency capture, legislative responsiveness and experimentation at the state level - into consumer financial protection. …

Rationing Justice By Rationing Lawyers, Peter A. Joy

Scholarship@WashULaw

The number of lawyers in the United States continues to increase, but low and middle-income persons still find it difficult, if not impossible, to afford legal assistance. National and state surveys reveal that more than 80 percent of the civil legal needs of the poor go unmet, as do a majority of the needs of middle-income persons. Legal representation can often dramatically increase a person’s ability to win at trial or to negotiate a favorable outcome, and the lack of access to lawyers effectively closes the courthouse doors for millions. This Article focuses on the crisis in Missouri's public defender …

Congress, The Supreme Court, And Judicial Review: Testing A Constitutional Separation Of Powers Model, Stefanie A. Lindquist, Jeffrey A. Segal, Chad Westerland

Scholarship@WashULaw

Recent scholarship suggests that the U.S. Supreme Court might be constrained by Congress in constitutional cases. We suggest two potential paths to Congressional influence on the Court's constitutional decisions: a rational-anticipation model, in which the Court moves away from its preferences in order to avoid being overruled, and an institutional-maintenance model, in which the Court protects itself against Congressional attacks to its institutional prerogatives by scaling back its striking of laws when the distance between the Court and Congress increases. We test these models by using Common Space scores and the original roll-call votes to estimate support in the current …

The Multiple-Stage Process Of Judicial Review: Facial And As-Applied Constitutional Challenges To Legislation Before The U.S. Supreme Court, Stefanie A. Lindquist, Pamela C. Corley

Scholarship@WashULaw

The Supreme Court’s decision to invalidate a legislative enactment involves both the choice to strike as well as the choice whether to invalidate the statute on its face or as applied. Both choices implicate the possibility of counteraction by the legislature. In this paper, we evaluate the justices’ choices to invalidate a state or federal enactment on its face or as applied and find that the justices are responsive to congressional preferences concerning the substance of the legal challenge at both stages of judicial review. Other factors systematically affect the justices’ decisions as well, including the legal basis for the …

Judicial Dialogue In Roper: Signaling The Court’S Emergence As A Transnational Legal Actor? A Response To Professor Mark Tushnet, Melissa A. Waters

Scholarship@WashULaw

Professor Mark Tushnet contends that Roper v. Simmons is consistent with a long line of U.S. Supreme Court precedent utilizing foreign authority in constitutional interpretation. Given this consistency, he asserts that the controversy over Roper, "must rest on something new in constitutional discourse," and finds the, "something new," in two sources: The rise of originalism and renewed, "concern for the place of the United States in the modern international order."

This response essay suggests two additional sources for the controversy over Roper. First is the emerging transnational judicial dialogue among the world's constitutional courts on human rights issues, and the …

Vicki C. Jackson, Constitutional Engagement In A Transnational Era, Melissa A. Waters

Scholarship@WashULaw

This essay reviews and critiques Vicki C. Jackson's book on constitutional engagement and comparative constitutional law.

Over the past decade, the debate over the use of foreign authority in interpreting the U.S. Constitution has fallen prey to an unfortunate “Crossfire” phenomenon, reminiscent of the old (and much maligned) CNN news commentary program. Serious discourse on this important issue has been obscured by an increasingly rancorous public debate in the news media, the blogosphere, and even before Congress. In this Crossfire debate, it seems, everyone must “choose up sides.” So-called “nationalists” deplore even most modest citations to foreign authority in constitutional …

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

Cardozo Law Review

No abstract provided.

Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer

Cardozo Law Review

No abstract provided.

Social Impact, Edward F. Lawler, Ellen Rostand, Julie Kennedy, Jessica Martin, Toky Branding + Design, Dan Page

Social Impact Publication

No abstract provided.

Social Impact, Edward F. Lawler, Keith Negley, Ellen Rostand, Julie Kennedy, Toky Branding + Design, Jessica Martin

Social Impact Publication

From the Dean: It's a "Go-Go" Place;

Perspectives: Michael Sherraden: Policy Innovator: The Key to Our Children's Future;

Interview: Q&A with Robert Joiner;

Bookshelf: Latina Suicide;

Bookshelf: A Mini MPH;

The Rise of the Social Entrepreneur: A new social work specialization arms socially minded entrepreneurs and creates an evidence base for an exploding field.;

Scaling Up Abroad: As demand for international service opportunities grows, academic and policy leaders determine how to expand availability and measure impact.;

Tip of the Iceberg: The Affordable Care Act's sweeping changes are already reshaping America's health care, and there is so much more to go …

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

Biology Faculty Scholarship

No abstract provided.

Web-Based Interventions For Weight Loss And Weight Maintenance Among Rural Midlife And Older Women: Protocol For A Randomized Controlled Trial., Patricia A. Hageman, Carol H. Pullen, Melody Hertzog, Linda S, Boeckner, Susan Noble Walker

Journal Articles: Physical Therapy

BACKGROUND: Weight loss is challenging and maintenance of weight loss is problematic among midlife and older rural women. Finding effective interventions using innovative delivery methods that can reach underserved and vulnerable populations of overweight and obese rural women is a public health challenge.

METHODS/DESIGN: This Women Weigh-In for Wellness (The WWW study) randomized-controlled trial is designed to compare the effectiveness of theory-based behavior-change interventions using (1) website only, (2) website with peer-led support, or (3) website with professional email-counseling to facilitate initial weight loss (baseline to 6 months), guided continuing weight loss and maintenance (7-18 months) and self-directed weight maintenance …

The Incidence Of Type-1 Diabetes In Nod Mice Is Modulated By Restricted Flora Not Germ-Free Conditions., Cecile King, Nora Sarvetnick

Journal Articles: Regenerative Medicine

In the NOD mouse, the incidence of type-1 diabetes is thought to be influenced by the degree of cleanliness of the mouse colony. Studies collectively demonstrate that exposure to bacterial antigen or infection in the neonatal period prevents diabetes [1], [2], [3], [4], [5], [6], [7], [8], [9], [10], supporting the notion that immunostimulation can benefit the maturation of the postnatal immune system [11]. A widely accepted extrapolation from this data has been the notion that NOD mice maintained under germ-free conditions have an increased incidence of diabetes. However, evidence supporting this influential concept is surprisingly limited [12]. In this …

Virginia Dental Journal (Vol. 88, No. 2, 2011)

Virginia Dental Journal

No abstract provided.

Virginia Dental Journal (Vol. 88, No. 3, 2011)

Virginia Dental Journal

No abstract provided.

Virginia Dental Journal (Vol. 88, No. 4, 2011)

Virginia Dental Journal

No abstract provided.