Digital Commons Network^™

Chapter 5: Administrative Law, Gail F. Zwirner

Law Faculty Publications

No abstract provided.

Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian E. Dervan

Law Faculty Scholarship

If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …

The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms, David L. Hudson Jr.

Law Faculty Scholarship

An essay on the secondary-effects doctrine and its threat to First Amendment.freedoms.

International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan

Law Faculty Scholarship

Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I, this article will examine the challenges of selecting counsel to perform internal investigations abroad. In particular, consideration will be given to global standards regarding the application of the attorney-client privilege and work product protections. In Part II, this article will discuss the influence of data privacy and protection laws in various countries …

Upside-Down Judicial Review, Corinna Barrett Lain

Law Faculty Publications

The countermajoritarian difficulty assumes that the democratically elected branches are majoritarian and the unelected Supreme Court is not. But sometimes the opposite is true. Sometimes it is the elected branches that are out of sync with majority will and the Supreme Court that bridges the gap, turning the conventional understanding of the Court's role on its head. Instead of a countermajoritarian Court checking the majoritarian branches, we see a majoritarian Court checking the not-so-majoritarian branches, enforcing prevailing norms when the representative branches do not. What emerges is a distinctly majoritarian, upside-down understanding of judicial review. This Article illustrates, explains, and …

The False Promise Of The Converse-1983 Action, John F. Preis

Law Faculty Publications

The federal government is out of control. At least that's what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens' constitutional rights. How can states stop this federal juggernaut? Many are advocating a "repeal amendment, " whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can't repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called "converse-1983" action. The idea for converse-1983 laws has been around for some time …

Four Uncharted Corners Of Anti-Corruption Law: In Search Of Remedies To The Sanctioning Effect, Andrew B. Spalding

Law Faculty Publications

This Article is the third installment in a long-term research project that examines the effects of the U.S. Foreign Corrupt Practices Act in relation to its underlying policy goals. It first reiterates the various data points showing that enforcement now has the unintended effect of reducing investment in higher-corruption markets. Because this amounts to the withdrawal of capital from developing countries in protest of their political conditions, I call this the "sanctioning effect." The paper then seeks to push the envelope of current anti-bribery debates by exploring connections to four fields of academic inquiry not typically associated with the FCPA. …

Filling The Judicial Vacancies In A Presidential Election Year, Carl W. Tobias

Law Faculty Publications

In this essay, Professor Tobias responds to Professors Gerhardt and Painter, praising their work and providing further suggestions for how the judicial nominations process might be improved. The essay begins with a brief examination of judicial selection problems that have arisen since the failed nomination of Judge Robert Bork in 1987. Finding that partisan politics have frustrated the nomination process for a quarter century, Professor Tobias engages in a critical analysis of President Barack Obama's efforts to make improvements. He first explains the changes that the Obama administration has implemented and then critically analyzes the benefits and failings of those …

Outsourcing Childcare, Meredith Johnson Harbach

Law Faculty Publications

Existing discourse on childcare decisions proceeds as if there were one "right" answer to the question of who should care for children. The law has preferences, too. But the reality is that parents, like businesses, make diverse, strategic decisions about when to keep work in-house, and when to collaborate with outside partners. This Article uses the lens of business outsourcing to gain fresh perspective on childcare decisionmaking, and the law's relationship to it. The outsourcing framework provides three key insights. First, it enables us to better understand the diversity of childcare decisions and the reasons underlying them. Second, the outsourcing …

Southern Solutions For Wisconsin Woes, Ann C. Hodges

Law Faculty Publications

Since 2011, a number of states have amended their collective bargaining laws covering state and local government employees. Debate rages about whether the goal of the proponents of change was to address budget shortfalls or weaken labor unions. Regardless of motive, legislatures in several states accomplished the goal of severely limiting or eliminating collective bargaining for some or all employees. The question facing unions, employers and employees in those states is “what now?” An answer may lie in looking to southern states like Virginia and North Carolina that have historically prohibited or severely restricted bargaining. This article explores the lessons …

Religious Neutrality In The Early Republic, Jud Campbell

Law Faculty Publications

Governmental neutrality is the heart of the modern Free Exercise Clause. Mindful of this core principle, which prevents the government from treating individuals differently because of their religious convictions, the Supreme Court held in Employment Division v. Smith that a neutral law can be constitutionally applied despite any incidental burdens it might impose on an individual’s exercise of religion. Conscientious objectors such as Quakers, for instance, do not have a constitutional right to be exempt from a military draft. Thus, neutrality now forms both the core and the outer limit of constitutionally guaranteed religious freedom. Judged according to founding-era views, …

Material And Motion: Phenomenology And The Early Work Of Carolee Schneemann 1957-1973, Regina M. Flowers

School of Art, Art History, and Design: Theses and Student Creative Work

Carolee Schneemann is a multidisciplinary artist known for using her body in her artworks in order to engage with issues of sexuality, gender and identity. Best known for her 1975 performance Interior Scroll, Schneemann’s work is most often theorized in connection with the emergence of Feminist, Performance and Body Art, yet Schneemann has always considered herself primarily a painter. In this thesis I address the disconnect between Schneemann’s repeated insistence on her status as a painter and the scholarly discussion of her work solely in relation to the integration of her body in her performative works. The period covered …

Magnetic And Orbital Orders Coupled To Negative Thermal Expansion In Mott Insulators, Ca2ru1-Xmxo4 (M = 3d Transition Metal Ion), Tongfei Qi

Theses and Dissertations--Physics and Astronomy

Ca₂RuO₄ is a structurally-driven Mott insulator with a metal-insulator (MI) transition at T_MI = 357K, followed by a well-separated antiferromagnetic order at T_N = 110 K. Slightly substituting Ru with a 3d transition metal ion M effectively shifts T_MI and induces exotic magnetic behavior below T_N. Moreover, M doping for Ru produces negative thermal expansion in Ca₂Ru_1-xM_xO₄ (M = Cr, Mn, Fe or Cu); the lattice volume expands on cooling with a total volume expansion ratio reaching as high as 1%. The onset of the …

Zeeman Effect Studies Of Magnetic Fields In The Milky Way, Kristen Lynn Thompson

Theses and Dissertations--Physics and Astronomy

The interstellar medium (ISM) of our Galaxy, and of others, is pervaded by ultra low-density gas and dust, as well as magnetic fields. Embedded magnetic fields have been known to play an important role in the structure and dynamics of the ISM. However, the ability to accurately quantify these fields has plagued astronomers for many decades. Unfortunately, the experimental techniques for measuring the strength and direction of magnetic fields are few, and they are observationally challenging. The only direct method of measuring the magnetic field is through the Zeeman effect.

The goal of this dissertation is to expand upon the …

Obscuration In Active Galactic Nuclei, Robert Nikutta

Theses and Dissertations--Physics and Astronomy

All classes of Active Galactic Nuclei (AGN) are fundamentally powered by accretion of gas onto a supermassive black hole. The process converts the potential energy of the infalling matter to X-ray and ultraviolet (UV) radiation, releasing up to several 10¹² solar luminosities.

Observations show that the accreting "central engines" in AGN are surrounded by dusty matter. The dust occupies a "torus" around the AGN which is comprised of discrete clumps. If the AGN radiation is propagating through the torus on its way to an observer, it will be heavily re-processed by the dust, i.e. converted from UV to infrared …

The New Guiding Principles On Business And Human Rights' Contribution In Ending The Divisive Debate Over Human Rights Responsibilities Of Companies: Is It Time For An Icj Advisory Opinion?, Jean-Marie Kamatali

Cardozo Journal of International and Comparative Law

No abstract provided.

An Expanded Age Range For Meningococcal Meningitis: Molecular Diagnostic Evidence From Population-Based Surveillance In Asia, Soon Kim, Dong Kim, Bai Dong, Jung Kim, Dang Anh, Paul E. Kilgore

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

To understand epidemiologic patterns of meningococcal disease in Asia, we performed a retrospective molecular analysis of cerebrospinal fluid (CSF) specimens collected in prospective surveillance among children aged < 5 years of age in China, South Korea, and Vietnam.

Methods

A total of 295 isolates and 2,302 CSFs were tested by a meningococcal species- and serogroup-specific polymerase chain reaction (PCR) assay targeting the Neisseria meningitidis (Nm) ctrA gene. Multi-locus sequence typing (MLST) was performed in Nm gene amplification analysis and incidence rates for meningococcal meningitis were estimated.

Results

Among 295 isolates tested, 10 specimens from Vietnam were confirmed as serogroup B and all were Sequence Type (ST) 1576 by MLST. …

Fibroblast-Secreted Hepatocyte Growth Factor Mediates Epidermal Growth Factor Receptor Tyrosine Kinase Inhibitor Resistance In Triple-Negative Breast Cancers Through Paracrine Activation Of Met, Kelly L. Mueller, Julie M. Madden, Gina L. Zoratti, Charlotte Kuperwasser, Karin List, Julie L. Boerner

Wayne State University Associated BioMed Central Scholarship

Abstract

Introduction

Epidermal growth factor receptor (EGFR) tyrosine kinase inhibitors (TKIs) have shown clinical efficacy in lung, colon, and pancreatic cancers. In lung cancer, resistance to EGFR TKIs correlates with amplification of the hepatocyte growth factor (HGF) receptor tyrosine kinase Met. Breast cancers do not respond to EGFR TKIs, even though EGFR is overexpressed. This intrinsic resistance to EGFR TKIs in breast cancer does not correlate with Met amplification. In several tissue monoculture models of human breast cancer, Met, although expressed, is not phosphorylated, suggesting a requirement for a paracrine-produced ligand. In fact, HGF, the ligand for Met, is not …

Norepinephrine: The Next Therapeutics Frontier For Parkinson's Disease, Peter A. Lewitt

Wayne State University Associated BioMed Central Scholarship

Abstract

Tissue concentrations of norepinephrine (NE) are markedly decreased in various regions of the Parkinson's disease (PD) brain. As in the substantia nigra pars compacta, neuronal dropout and Lewy bodies are prominent changes affecting the locus coeruleus, which is the source of ascending NErgic projections. Despite the major roles of NE throughout the brain, there has been only minimal exploration of pharmacological intervention with NErgic neurotransmission. Cognitive operations, "freezing" of gait, tremor, dyskinesia, REM sleep regulation, and other aspects of brain function are tied into signaling by NE, and there is also evidence that it may have a role in …

Signaling In Colon Cancer Stem Cells, Sanchita Roy, Adhip Pn Majumdar

Wayne State University Associated BioMed Central Scholarship

Abstract

Front Matter

SMU Law Review

No abstract provided.

Empathic Dialogue: From Formalism To Value Principles, Mitchell F. Crusto

SMU Law Review

No abstract provided.

Toward Explaining The Transformative Power Of Talk About, Around, And For Writing, Beth Godbee

English Faculty Research and Publications

This article provides an initial approach for capturing moments of talk about, around, and for writing to explain why writing groups and writing conferences are so often considered “transformative” for the people involved. After describing the widespread and yet disparate transformations so often attributed to collaborative writing talk, I introduce applied conversation analysis (CA) as a method for getting at what is often difficult to identify, document, and explain: the intricacies of moments that underlie, if not directly account for, transformations. At the core of this article, I present a case study of a writer, Susan, and tutor, Kim, and …

Charge Delocalization In Self-Assembled Mixed-Valence Aromatic Cation Radicals, Tushar Navale, Khushabu Thakur, Vijay Vyas, Shriya Wadumethrige, Ruchi Shukla, Sergey V. Lindeman, Rajendra Rathore

Chemistry Faculty Research and Publications

The spontaneous assembly of aromatic cation radicals (D^+•) with their neutral counterpart (D) affords dimer cation radicals (D₂^+•). The intermolecular dimeric cation radicals are readily characterized by the appearance of an intervalence charge-resonance transition in the NIR region of their electronic spectra and by ESR spectroscopy. The X-ray crystal structure analysis and DFT calculations of a representative dimer cation radical (i.e., the octamethylbiphenylene dimer cation radical) have established that a hole (or single positive charge) is completely delocalized over both aromatic moieties. The energetics and the geometrical considerations for the formation …

"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss

Publications

There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …

Bridging The Great Divide--A Response To Linda Greenhouse And Reva B. Siegel's Before (And After) Roe V. Wade: New Questions About Backlash, Lolita Buckner Inniss

Publications

This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both before and after Roe. By naming party politics and the Catholic Church, Greenhouse and Siegel posit two crucial elements that shaped the abortion debate. I assert, however, that what is not discussed in their Article is the way numerous other factors have figured into …

Remarks, James Anaya

Publications

These remarks were delivered at the Closing Plenary--Indigenous Peoples and International Law: A Conversation with UN Special Rapporteur James Anaya and Inter-American Commission Rapporteur Dinah Shelton.

The Justice Of International Law, Mortimer N.S. Sellers

All Faculty Scholarship

A critical essay on The Philosophy of International Law, edited by Samantha Besson and John Tasioulas (Cambridge University Press, 2010), 632 pp, ISBN 978-0199208579.

Achieving Development Impact Among Pastoral And Agro-Pastoral People: Lessons Learned In Southern Ethiopia, 2000-2009, D. Layne Coppock, Seyoum Tezera, Solomon Desta, Getachew Gebru

Environment and Society Faculty Publications

The outreach and action-research component of the Pastoral Risk Management (PARIMA) project began with a focus on the Borana Plateau of southern Ethiopia in 2000. Our goal was to use participatory methods to learn about development needs and apply the knowledge gained to benefit local communities. Today it is clear that the project has had positive impacts on the lives of thousands of people. This report helps tell this story by emphasizing the process we used.

At the start we knew that the traditional pastoral system was under intense pressure as poverty and hunger were common. Community-based problem diagnosis confirmed …

Open Access To Legal Scholarship: Dropping The Barriers To Discourse And Dialogue, Richard A. Danner

Faculty Scholarship

This article focuses on the importance of free and open access to legal scholarship and commentary on the law. It argues that full understanding of authoritative legal texts requires access to informed commentary as well as to the texts of the law themselves, and that free and open access to legal commentary will facilitate cross-border dialogue and foster international discourse in law. The paper discusses the obligations of scholars and publishers of legal commentary to make their work as widely accessible as possible. Examples of institutional and disciplinary repositories for legal scholarship are presented, as are the possible impacts of …