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Corresponding Voices Volume 5 (Complete)

Corresponding Voices

The full issue of Corresponding Voices volume 5, featuring John Beer, Ezra Cohen, Sarah C. Harwell, Urayoán Noel, Lena Retamoso, and edited by Pedro Cuperman.

John Beer Folio, John Beer

Corresponding Voices

A folio of English-language poetry by John Beer.

The Whale And The World In Melville’S Moby-Dick: Early American Empire And Globalization, Zachary Michael Radford

Graduate Student Theses, Dissertations, & Professional Papers

Reading Moby-Dick; or, the Whale (1851), this study examines literary arguments regarding Melville’s capacity to appear prophetic through his written works in his predictions of the vast empire that America would one day become and the strategies which the country would employ to do so. In my introduction I assert that Melville is not a “Prophet,” but rather, he is a keenly analytical observer of the world around him as he recognized in America patterns of imperialism: structures he charted in his global voyages as a merchant and then a whaler. In his observations, he saw that America was not …

Federalism And The Tug Of War Within: Introduction, Erin Ryan

Scholarly Publications

"Federalism and the Tug of War Within" explores how constitutional interpreters struggle to reconcile the competing values that undergird American federalism, with real consequences for governance that requires local and national collaboration. Drawing examples from the response to Hurricane Katrina, climate governance, health reform, nuclear waste, and other problems that implicate both state and federal authority, it shows how federalism theory can inhibit effective multijurisdictional governance by failing to navigate the tensions within federalism itself. The book argues that American federalism is best understood through the “tug of war” between the good-governance principles that dual sovereignty fosters — including checks …

Commencement, Philadelphia (2012), Philadelphia College Of Osteopathic Medicine

Commencements

No abstract provided.

The Banyan Tree [Volume 6, Number 2], Alan Altany

Faculty Center: News & Publications

Excerpt: "We at the CTLS thank all those faculty who participate regularly or even periodically in our professional faculty development program. At this time we extend an open invitation to those who do not attend any of our activities or join any of our faculty groups. You are encouraged to participate in some way in the program. Many colleagues find such participation, based largely on interdisciplinary collegiality, to be intellectually stimulating, worthwhile, enjoyable, applicable, and socially beneficial."

A Tribute To Judge James R. Browning, Montana School Of Law

Montana Law Review

A Tribute to Judge James R. Browning

Mosquito Species Abundance And Diversity In Malindi, Kenya And Their Potential Implication In Pathogen Transmission, Joseph M. Mwangangi, Janet Midega, Samuel Kahindi, Laban Njoroge, Joseph Nzovu, John Githure, Charles M. Mbogo, John C. Beier

All Peer-Reviewed Publications

Mosquitoes (Diptera: Culicidae) are important vectors of human disease-causing pathogens. Mosquitoes are found both in rural and urban areas. Deteriorating infrastructure, poor access to health, water and sanitation services, increasing population density, and widespread poverty contribute to conditions that modify the environment, which directly influences the risk of disease within the urban and peri-urban ecosystem. The objective of this study was to evaluate the mosquito vector abundance and diversity in urban, peri-urban, and rural strata inMalindi along the Kenya coast. The study was conducted in the coastal district of Malindi between January and December 2005. Three strata were selected which …

The Meaning Of Mcintyre, Adam N. Steinman

Faculty Scholarship

When certiorari was granted in J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), many hoped that the Supreme Court would provide much-needed clarification to the area of personal jurisdiction. It didn’t. The Court failed to generate a majority opinion, splitting into Justice Kennedy’s four-Justice plurality, Justice Breyer’s two-Justice concurrence, and Justice Ginsburg’s three-Justice dissent.

This essay – for the Southwestern Journal of International Law’s 2012 symposium “Our Courts and the World: Transnational Litigation and Procedure” – examines how state and federal courts have been using the McIntyre decision. Some lower court opinions have mistakenly interpreted McIntyre as …

“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Michael C. Dorf, Neil S. Siegel

Faculty Scholarship

In view of the billions of dollars and enormous effort that might otherwise be wasted, the public interest will be best served if the Supreme Court of the United States decides the present challenges to the Patient Protection and Affordable Care Act (ACA) during its October 2011 Term. Potentially standing in the way, however, is the federal Tax Anti-Injunction Act (TAIA), which bars any “suit for the purpose of restraining the assessment or collection of any tax.” The dispute to date has turned on the fraught and complex question of whether the ACA’s exaction for being uninsured qualifies as a …

The Liberty Of Free Riders: The Minimum Coverage Provision, Mill’S 'Harm Principle,' And American Social Morality, Jedediah S. Britton-Purdy, Neil S. Siegel

Faculty Scholarship

In this Article, we show that cost-shifting and adverse selection problems link the federalism dimension of the debate over the Affordable Care Act to the doctrinally separate and suppressed individual rights dimension. As the scope of these free-rider problems justifies federal power to require individuals to obtain health insurance coverage, so the very existence of the free-rider problems illuminates the difficulty of arguing directly — as opposed to indirectly through the Commerce Clause — that the minimum coverage provision infringes individual liberty. The interdependence between some people’s decisions to forgo insurance and the well-being of other people means that refusing …

Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney

Articles, Book Chapters, & Popular Press

With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …

Die Zauberflöte: A European Singspiel, Zachary Bryant

Theses and Dissertations

Through modern-day globalization, the cultures of the world are shared on a daily basis and are integrated into the lives of nearly every person. This reality seems to go unnoticed by most, but the fact remains that many individuals and their societies have formed a cultural identity from the combination of many foreign influences. Such a multicultural identity can be seen particularly in music. Composers, artists, and performers alike frequently seek to incorporate separate elements of style in their own identity. One of the earliest examples of this tradition is the German Singspiel. Through the synthesis of foreign and native …

Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney

Articles, Book Chapters, & Popular Press

With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …

Criminal Justice Models: Canadian Experience In European And Islamic Comparative Perspective, Bruce P. Archibald

Articles, Book Chapters, & Popular Press

This paper examines Canadian models of criminal justice in a European and Islamic comparative perspective. The traditional model of Canadian criminal justice is a state centred adversarial one intended to punish, deter and/or rehabilitate offenders who are accorded formal due process protections embedded in a liberal constitutional and procedural rights. This model has been transformed recently into an ambiguously tripartite adversarial model through an overlay of victims’ rights at all stages. However, Canadian law also recognizes alternative processes through various forms of problem solving courts and sometimes comprehensive restorative justice approaches, the latter rooted in relational notions of rights. Meanwhile, …

Debunking The Myth That Insurance Coverage Is Not Available Or Allowed For Intentional Torts Or Damages, Christopher French

Faculty Scholarship

Over the years, a myth has developed that insurance coverage is not available or allowed for intentional injuries or damage. This myth has two primary bases: one, the “fortuity” doctrine, which provides that insurance should only cover losses that happen by chance; and two, public policy, which allegedly disfavors allowing insurance for intentional injuries or damage. This article dispels that myth. Many types of liability insurance policies expressly cover intentional torts including trademark infringement, copyright infringement, invasion of privacy, defamation, disparagement, and improper employment practices such as discrimination. In addition, punitive damages, which typically are awarded for intentional misconduct, are …

Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau

Faculty Scholarship

Arbitration has long served as a contractual substitute for judicial litigation. It provided a workable and effective form of adjudication in ancient societies and among religious groups, much as it does in contemporary times. Its long-standing appeal resides in enabling parties to choose a private adjudicatory mechanism based upon expertise and expedition that delivers fair, affordable, and enforceable outcomes. Arbitral adjudication effectively intermediates between the need for functional trial procedures and the imperative of safeguarding legal rights. Rights cannot be vindicated if the applicable hearing mechanisms are inaccessible and inefficient. The protracted puffery of lawyers is not a feasible solution …

Universal Jurisdiction: A Means To End Impunity Or A Threat To Friendly International Relations?, Karinne Lantz

Articles, Book Chapters, & Popular Press

Ending impunity for perpetrators of serious international crimes such as genocide, crimes against humanity, and war crimes is considered important because convictions may achieve justice and deter future acts. A controversial tool for ending impunity is the exercise of universal jurisdiction by states. For its supporters, universal jurisdiction denies safe havens for perpetrators of heinous offenses and ensures that their crimes do not go unpunished due to a lack of will or means. In contrast, critics warn that universal jurisdiction threatens international relations, international justice, and the rights of the accused.

The recent resistance of the African Union to attempted …

Enforcing Integrity, Katrice Bridges Copeland

Faculty Scholarship

Over the past several years, the marketing practices of large pharmaceutical companies have come under intense scrutiny. The government spends years investigating and building cases against pharmaceutical manufacturers that engage in illegal promotional activities to promote their drugs but does not prosecute them. Instead, the government enters into Corporate Integrity Agreements (CIAs) with the pharmaceutical giants. As a result, the pharmaceutical manufacturers are able to avoid the collateral consequences of conviction, such as exclusion from Medicare and Medicaid. Participation in Medicare and Medicaid is crucial for a pharmaceutical manufacturer because the government spends over $60 Billion per year through those …

Wisdom Of The Ages Or Dead-Hand Control? Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg

Articles

In 1980, the Supreme Court gave a reassuring signal to the then-nascent biotechnology industry about the availability of patent protection for the fruits of its research when it upheld the patentability of a genetically modified living organism in Diamond v. Chakrabarty. Twenty-five years later, the Court seemed poised to reexamine the limits of patentable subject matter for advances in the life sciences when it granted certiorari in Laboratory Corporation v. Metabolite. But the Federal Circuit had not addressed the patentable subject matter issue in Laboratory Corporation, and the Court ultimately dismissed the certiorari p etition as improvidently granted. Five years …

Clinical Faculty In The Legal Academy: Hiring, Promotion And Retention, Bryan L. Adamson, Calvin G. C. Pang, Bradford Colbert, Kathy Hessler, Katherine R. Kruse, Robert R. Kuehn, Mary Helen Mcneal, David A. Santacroce

Articles

The Chair of the Association of American Law Schools (AALS) Section on Clinical Legal Education appointed us in 2005 to the Task Force on the Status of Clinicians and the Legal Academy (Task Force) to examine who is teaching in clinical programs and using clinical methodologies in American law schools and to identify the most appropriate models for clinical appointments within the legal academy. Our charges reflected two ongoing concerns: 1) the need to collect valid, reliable, and helpful data that would inform discussions on the breadth of clinical education in the legal academy and the status of clinical educators …

Mechanisms Of Induction And Maintenance Of Constitutive Ptgs2 Expression In Colonic Mesenchymal Stem Cells, Monica Drylewicz

All Theses and Dissertations (ETDs)

Colonic injury and inflammation exhibit high morbidity and mortality in western society and are increasingly diagnosed in human patients. In many models of such gastrointestinal insults, prostaglandin endoperoxide synthetase 2: Ptgs2; cyclooxygenase 2) and its downstream synthetic products, most notably prostaglandin E2, support proliferation and modulate the inflammatory immune response, two functions involved in proper injury response. We identified a primary source of this mediator as a population of stromal cells constitutively expressing Ptgs2 that appear to be required in two different model injury systems: administration of dextran sodium sulfate: DSS) and colonic biopsy. The central role of Ptgs2-expressing cells …

Mitofusin 2 Regulated Transport Of Mitochondria Is Necessary For Axonal Integrity, Albert Misko

All Theses and Dissertations (ETDs)

The ubiquitous finding of axonal degeneration in a number of the most prevalent neuropathologies marks the importance of understanding axonal biology and the axonal self-destruct mechanism. Though our understanding of axonal degeneration remains largely incomplete, several down-steam steps of the molecular cascade have been elucidated. While this insight has emerged from models of axon degeneration following physical injury or toxic insult, a more comprehensive understanding of the upstream events may be gained from studying primary axonopathies with defined genetic causes. This dissertation aims to elucidate a molecular mechanism underlying the loss of axons in Charcot-Marie-Tooth Disease type 2A, which is …

Fast Neuronal Imaging Using Objective Coupled Planar Illumination Microscopy, Diwakar Turaga

All Theses and Dissertations (ETDs)

Complex computations performed by the brain are produced by activities of neuronal populations. There is a large diversity in the functions of each individual neuron, and neuronal activities occur in the time scale of milliseconds. In order to gain a fundamental understanding of the neuronal populations, one has to measure activity of each neuron at high temporal resolution, while investigating enough neurons to encapsulate the neuronal diversity. Traditional neurotechniques such as electrophysiology and optical imaging are constrained by the number of neurons whose activities can be simultaneously measured or the speed of measuring such activities. We have developed a novel …

Molecular Insights Into The Uropathogenesis Of Enterococcus Faecalis And Escherichia Coli In The Context Of Urinary Catheterization, Pascale Guiton

All Theses and Dissertations (ETDs)

Nosocomial urinary tract infections: UTIs) are a very common result of catheterization with 3 to 7% risk of developing catheter-associated UTIs: CAUTIs) each day catheterized. As multi-drug resistance increases in uropathogens, it is imperative to better understand the effects of catheterization on the urinary tract and pathogenesis. Further, microbial colonization and biofilm production on the surface of urinary catheters are a common component of CAUTIs. Thus, this dissertation focuses on understanding the contribution of known biofilm determinants to urovirulence of Enterococcus faecalis: a common nosocomial uropathogen) and uropathogenic Escherichia coli: UPEC): the most common causative agent of UTI), and the …

The Philosopher-Priest And The Mythology Of Reason, John Panteleimon Manoussakis

Philosophy Department Faculty Scholarship

No abstract provided.

Obsessing About The Catholic Other: Religion And The Secularization Process In Gothic Literature, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Drama And Catholic Themes, Edwin Block

English Faculty Research and Publications

No abstract provided.

Zombies, Reavers, Butchers, And Actuals In Joss Whedon's Work, Gerry Canavan

English Faculty Research and Publications

No abstract provided.

A Functional Approach To Targeting And Detention, Monica Hakimi

Articles

The international law governing when states may target to kill or preventively detain nonstate actors is in disarray. This Article puts much of the blame on the method that international law uses to answer that question. The method establishes different standards in four regulatory domains: (1) law enforcement, (2) emergency, (3) armed conflict for civilians, and (4) armed conflict for combatants. Because the legal standards vary, so too may substantive outcomes; decisionmakers must select the correct domain before determining whether targeting or detention is lawful. This Article argues that the "domain method" is practically unworkable and theoretically dubious. Practically, the …