Digital Commons Network^™

Encouraging Energy Efficiency Through Nepa Comments, Adam Reidel

Sabin Center for Climate Change Law

Environmental impact statements (EISs) should analyze the potential for energy efficiency to reduce the adverse impacts of new projects, to make the projects smaller, or to provide more benign alternatives. The National Environmental Policy Act (NEPA) and its state counterparts require EISs for major actions, and provide numerous opportunities for public participation in the EIS process. These opportunities can be used to press for greater consideration, and perhaps adoption, of energy efficiency measures. This paper serves as a guide to commenting on and challenging EISs on the basis of insufficient consideration of the issues of energy efficiency and conservation. It …

Active Tectonics And Earthquake Destructions In Caves Of Northern And Central Switzerland, Arnfried Becker, Philipp Häuselmann, Jost Eikenberg, Eric Gilli

International Journal of Speleology

The present publication focuses on the study of caves in northern and central Switzerland in order to detect and date historical earthquakes and active tectonic displacements by investigations of broken and resealed or displaced speleothems datable by U/Th and ¹⁴C. While it can be shown that these methods are potentially suitable, the ages obtained are often beyond the range of historically recorded earthquakes, and it cannot be proved that the observed and dated events are related to a seismic event. Particularly this is true for the caves in central Switzerland, where most ages in the Melchsee-Frutt region were beyond …

From Environmental Aesthetics To Narratives Of Change, Nathalie Blanc

Contemporary Aesthetics (Journal Archive)

Environmental aesthetics is a branch of philosophy that originated in the English-speaking world and is developing in France. It aims to take a new look at how relationships with the environment are constructed. Often addressed from a landscaping, technical or scientific angle, such relationships have remained largely unaddressed from a cultural perspective, i.e., one that includes a series of practices and values that represent a human group. In this article, I will address environmental aesthetics and how they point up tensions between fixed and static visual representations of the environment in the future and representations that can accommodate ordinary encounters, …

It Takes More Than A Village… A Compendium Of Strategies To Raise The Quality Bar (Poster), Tiffany Lopez Bsn, Rn, Cmsrn

Patient Care Services / Nursing

No abstract provided.

Fidelity To Community: A Defense Of Community Lawyering, Anthony V. Alfieri

Articles

No abstract provided.

Educating Lawyers For Community, Anthony V. Alfieri

Articles

This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …

Service Delivery, Resource Allocation And Access To Justice: Greiner And Pattanayak And The Research Imperative, Anthony V. Alfieri, Jeffrey Selbin, Jeanne Charn, Stephen Wizner

Articles

No abstract provided.

Costing Financial Regulation, Caroline Bradley

Articles

No abstract provided.

Erie As A Choice Of Enforcement Defaults, Sergio J. Campos

Articles

The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) may impact the substantive objectives of either state or federal law, but the current Erie doctrine provides little guidance. This Article argues that the Erie doctrine is best understood as governing a choice of enforcement defaults. As argued below, the primary function of civil liability is to protect a substantive entitlement to avoid the legal violation, either directly through specific …

Mass Torts And Due Process, Sergio J. Campos

Articles

No abstract provided.

State Control Of Black Mothers, Donna Coker

Articles

No abstract provided.

Beyond Separation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland

Articles

National Federation of Independent Business v. Sebelius may be known, in both the popular and academic commentaries, as the case about the Affordable Care Act's Individual Mandate provision. History may record it as one of the most significant cases in the jurisprudence of cooperative federalism. In invalidating part of the Medicaid Expansion provision, the Roberts Court became the first to invalidate a federal spending statute as unconstitutionally coercive of state governments. This decision has the potential to impact federal-state cooperative arrangements such as No Child Left Behind, and others far beyond the health care context.

This Article argues that lack …

Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology, Charlton C. Copeland

Articles

No abstract provided.

Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin

Articles

No abstract provided.

The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin

Articles

In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a schoolteacher sued her employer for retaliating against her in violation of the American with Disabilities Act (ADA). The success of her ADA claim turned on whether the Supreme Court thought that she was a minister. If she was not a minister, she would have probably won. After all, the school stated in writing that a main reason for her termination was her threatened lawsuit. But because the Supreme Court decided that she was a minister, and that ministers may not sue their religious employers for discrimination under the ministerial …

Nonbelievers And Government Speech, Caroline Mala Corbin

Articles

In the past few years, nonbelievers have become much more prominent in the United States. But while their visibility has increased, they are still a small minority, and they remain disliked, distrusted, and not truly American in the eyes of many. As a result, many nonbelievers are hesitant about disclosing their views, and those who do often face hostility and discrimination.

This Article argues that government religious speech such as "In God We Trust" or a Latin cross war memorial violates the Establishment Clause in part because it exacerbates the precarious position of nonbelievers in this country. One of the …

Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele M. Destefano

Articles

No abstract provided.

Disabling Racial Repetition, Zanita E. Fenton

Articles

No abstract provided.

When Bad Speech Does Good, Mary Anne Franks

Articles

No abstract provided.

The Problem Of Trans-National Libel, Lili Levi

Articles

Forum shopping in trans-national libel cases-"libel tourism"- - has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the United States passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less speech-protective than the First Amendment. In Britain, consultation has closed and the Parliamentary Joint Committee has issued its report on a broad-ranging libel reform bill proposed by the Government in March 2011. This Article questions the extent to which …

Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann

Articles

This Article introduces an investor-orented framework for the evaluation of renewable energy policy, applies these newly developed critea to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.

The multi-trillion dollar task of scaling-up renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …

Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman

Articles

No abstract provided.

Hypersalience And Why Understanding Behavioral Tax Law And Economics Means Understanding Tax, Leigh Osofsky

Articles

No abstract provided.

Better Mistakes In Patent Law, Andres Sawicki

Articles

This Article analyzes patent mistakes-that is, mistakes made by the patent system when it decides whether a particular invention has met the patentability requirements. These mistakes are inevitable. Given resource constraints, some might even be desirable. This Article evaluates the relative costs of patent mistakes, so that we can make better ones.

Three characteristics drive the costs of mistakes: their type (false positive or false negative), timing (early or late), and doctrinal basis (utility, novelty, nonobviousness, and so on). These characteristics make some mistakes more troubling than others.

This Article compares the costs of making mistakes of different types, at …

Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably

Articles

Scholarly response to the Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection has focused on the plurality's strong advocacy of a judicial takings doctrine. We take a different tack. While the concept of judicial takings is worthy of serious attention, it is wrong to treat the plurality opinion as an ordinary object of analysis. It is, instead, the emanation of a Court going rogue.

Three basic symptoms of the pathology stand out. First, sleight of hand. The plurality opinion purports to be about an institutional issue-can a state court commit a taking? - …

The Loss Of Constitutional Faith: Mccleskey V. Kemp And The Dark Side Of Procedure, Scott E. Sundby

Articles

No abstract provided.

Coming Up: New Foundations In Latcrit Theory, Community, And Praxis, Francisco Valdes

Articles

No abstract provided.

Henry Friendly: The Judge, The Man, The Book, Mary I. Coombs

Articles

No abstract provided.

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Articles

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men. Like …

Innovative Drug Delivery And Formulation Designs To Deter Drug Abuse/Misuse Related To Suicide, Fang Zhao

Pharmacy Faculty/Staff Publications

Patients with a history of abuse/misuse of pain and psychotic medications are at high risk for suicide. Novel drug delivery and formulation approaches have been explored to reduce the potential of drug abuse/misuse and to improve patient compliance. This chapter reviews the design and mechanism of five successful products in the opioid and anti-psychotic categories. Embeda™ is an extended release capsule containing morphine pellets with a sequestered core of naltrexone; naltrexone acts as an aversive agent and is released only when the product is crushed. Remoxy® is an extended release oxycodone capsule with a highly viscous liquid fill content which …