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A Presumptively Better Approach To Arbitrability, John A. E. Pottow, Jacob Brege, Tara J. Hawley

Articles

One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator's purported authority. Courts in Canada and the United States have taken different approaches to this fundamental question of "arbitrability" that necessarily arises when one party disputes the contractual validity of the underlying "container" contract carrying the arbitration clause. If arbitration is a creature of contract, and contract is a product of consensual agreement, then any dispute that impugns the underlying consent of the parties to the container contract implicates the arbitration agreement itself (i.e., no contract, no …

On The Origins Of The Modern Libertarian Legal Movement, Roger Pilon

Chapman Law Review

No abstract provided.

Human Rights Obligations To The Poor, Monica Hakimi

Faculty Scholarship

Poverty unquestionably detracts fromthe human rights mission.Modern human rights law recognizes a broad range of rights – for example, “to life, liberty, and security of person” and to adequate “food, clothing, and medical care.”1 Any number of those rights might go unrealized in conditions of extreme poverty. However, human rights law has always been partly aspirational. For those seeking to improve the lives of the poor, the key question is not what rights exist but how to make those rights operational.What does human rights law actually require of states? And how might its obligations benefit the poor?

Toward A Field Of Intersectionality Studies: Theory, Applications, And Praxis, Sumi Cho, Kimberlé W. Crenshaw, Leslie Mccall

Faculty Scholarship

Intersectional insights and frameworks are put into practice in a multitude of highly contested, complex, and unpredictable ways. We group such engagements with intersectionality into three loosely defined sets of practices: applications of an intersectional framework or investigations of intersectional dynamics; debates about the scope and content of intersectionality as a theoretical and methodological paradigm; and political interventions employing an intersectional lens. We propose a template for fusing these three levels of engagement with intersectionality into a field of intersectional studies that emphasizes collaboration and literacy rather than unity. Our objective here is not to offer pat resolutions to all …

Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah S. Purdy

Faculty Scholarship

Forty years ago, at the birth of environmental law, both legal and philosophical luminaries assumed that the new field would be closely connected with environmental ethics. Instead, the two grew dramatically apart. This Article diagnoses that divorce and proposes a rapprochement. Environmental law has always grown through changes in public values; for this and other reasons, it cannot do so without ethics. Law and ethics are most relevant to each other when there are large open questions in environmental politics: lawmakers act only when some ethical clarity arises; but law can itself assist in that ethical development. This process is …

Snake Oil Salesman Or Purveyors Of Knowledge: Off-Label Promotions And The Commercial Speech Doctrine, Constance E. Bagley, Joshua Mitts

Faculty Scholarship

The Second Circuit’s December 2012 decision in United States v. Caronia striking down the prohibition on off-label marketing of pharmaceutical drugs has profound implications for economic regulation in general, calling into question the constitutionality of restrictions on the offer and sale of securities under the Securities Act of 1933, the solicitation of shareholder proxies and periodic reporting under the Securities Exchange Act of 1934, mandatory labels on food, tobacco, and pesticides, and a wide range of privacy protections. In this Article we suggest that Caronia misconstrues the Supreme Court’s holding in Sorrell v. IMS Health, which was motivated by concerns …

On The Predictive Analytics Of The Probit And Logit Link Functions, Necla Gunduz, Ernest Fokoue

Articles

Researchers and practitioners have long held that the probit and logit link functions generally yield the same performance in binary classification. Despite this widespread recognition of the strong similarities between these two link functions, very few (if any) researchers have dedicated time to carry out a formal study aimed at establishing and characterizing firmly all the aspects of the similarities and differences. This paper proposes a definition of both structural and predictive equivalence link functions-based binary regression models, and provides both a theoretical and computational justification of the long held claim that probit and logit are indeed very similar. From …

E&P Lending: Due Diligence And Collateral Legal Issues In E&P Lending Deals For The Texas Law Man In Particular, Jason A. Schumacher

Texas A&M Law Review

Oil and gas companies frequently use debt financing in order to provide the large capital required to explore and develop largeacreage blocks. With the rise of horizontal drilling in combination with multi-stage hydraulic fracturing, the average cost per well has skyrocketed. In order to access a bank’s cheaper money, an oil and gas company normally must have already found something worth finding. In return for a beneficial interest rate from a bank (as opposed to splitting the profits of the company with equity partners or paying mezzanine debt interest rates), the oil and gas company must get more ducks in …

The Next Battleground? Personhood, Privacy, And Assisted Reproductive Technologies, Mark Strasser

Oklahoma Law Review

No abstract provided.

Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause, Sam Kalen

Oklahoma Law Review

No abstract provided.

The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk

Oklahoma Law Review

No abstract provided.

Relation Back Of Amendments Adding Plaintiffs Under Rule 15(C), Michelle L. Nabors

Oklahoma Law Review

No abstract provided.

The Returns To Criminal Capital, Thomas Loughran, Holly Nguyen, Alex R. Piquero, Jeffrey Fagan

Faculty Scholarship

Human capital theory (Becker 1962; Mincer 1958; Schultz 1960; 1961) posits that individuals can increase their labor market returns through investments in education and training. This concept has been studied extensively across several disciplines. An analog concept of criminal capital, while the focus of speculation and limited empirical study, remains considerably less developed theoretically and methodologically. This paper offers a formal theoretical model of criminal capital indicators and tests for greater illegal wage returns using a sample of serious adolescent offenders, many of whom participate in illegal income-generating activities. Our results reveal that, consistent with human capital theory, there are …

When Parity Promotes Peace: Resolving Conflict Between Asymmetric Agents, Erik O. Kimbrough, Roman M. Sheremeta, Timothy W. Shields

ESI Working Papers

Due to the high costs of conflict both in theory and practice, we examine and experimentally test the conditions under which conflict between asymmetric agents can be resolved. We model conflict as a two-agent rent-seeking contest for an indivisible prize. Before conflict arises, both agents may agree to allocate the prize by fair coin flip to avoid the costs of conflict. The model predicts that “parity promotes peace”: in the pure-strategy equilibrium, agents with relatively symmetric conflict capabilities agree to resolve the conflict by using a random device; however, with sufficiently asymmetric capabilities, conflicts are unavoidable because the stronger agent …

Fetal Testosterone (2d:4d) As Predictor Of Cognitive Reflection, Antoni Bosch-Domènech, Pablo Brañas-Garza, Antonio M. Espín

ESI Working Papers

The Cognitive Reflection Test (CRT) is a test introduced by S. Frederick (2005) Cognitive reflection and decision making, J Econ Perspect 19(4): 25-42. The task is designed to measure the tendency to override an intuitive response that is incorrect and to engage in further reflection that leads to the correct response. The consistent sex differences in CRT performance may suggest a role for gonadal hormones, particularly testosterone. A now widely studied putative marker for fetal testosterone is the second-to-fourth digit ratio (2D:4D). This paper tests to what extent 2D:4D, as a proxy for prenatal exposure to testosterone, can predict CRT …

Second-To-Fourth Digit Ratio Has A Non-Monotonic Impact On Altruism, Pablo Brañas-Garza, Jaromir Kovarik, Levent Neyse

ESI Working Papers

Gene-culture co-evolution emphasizes the joint role of culture and genes for the emergence of altruistic and cooperative behaviors and behav- ioral genetics provides estimates of their relative importance. However, these approaches cannot assess which biological traits determine altruism or how. We analyze the association between altruism in adults and the exposure to prenatal sex hormones, using the second-to-fourth digit ratio. We nd an inverted U-shaped relation for left and right hands, which is very consistent for men and less systematic for women. Subjects with both high and low digit ratios give less than individuals with intermediate digit ratios. We repeat …

Commitment Problems In Conflict Resolution, Erik O. Kimbrough, Jared Rubin, Roman M. Sheremeta, Timothy W. Shields

ESI Working Papers

Commitment problems are inherent to non-binding conflict resolution mechanisms, since an unsatisfied party can ignore the resolution and initiate conflict. We provide experimental evidence suggesting that even in the absence of binding contractual agreements individuals often avoid conflict by committing to the outcome of a conflict resolution mechanism. Commitment problems are mitigated to a greater extent for groups who opt-in to the conflict resolution mechanism, but only when opting-in is costly. Although conflict rates are higher when opting-in is costly than when it is free or exogenously imposed, commitment problems are greatly reduced amongst those groups who choose to opt-in.

Cognitive Systems For Revenge And Forgiveness, Michael E. Mccullough, Robert Kurzban, Benjamin A. Tabak

ESI Publications

Minimizing the costs that others impose upon oneself and upon those in whom one has a fitness stake, such as kin and allies, is a key adaptive problem for many organisms. Our ancestors regularly faced such adaptive problems (including homicide, bodily harm, theft, mate poaching, cuckoldry, reputational damage, sexual aggression, and the infliction of these costs on one's offspring, mates, coalition partners, or friends). One solution to this problem is to impose retaliatory costs on an aggressor so that the aggressor and other observers will lower their estimates of the net benefits to be gained from exploiting the retaliator in …

Best Practices In Writing Assessment For Instruction, Robert C. Calfee, Roxanne Greitz Miller

Education Faculty Books and Book Chapters

Our assignment in this chapter is to discuss best practices in writing assessment, a task that poses a twofold challenge for teachers-first, the task of providing authentic opportunities for students to acquire skill in writing while covering an ever-increasing array of other curriculum demands; second, the overriding pressures to ensure that students perform well on the standardized tests that have become the primary accountability index. As we complete this chapter, few state testing systems rely to any significant degree on performance tests for measuring student achievement. Multiple-choice tests dominate, and on-demand writing tests (including the SAT) generally contravene the counsel …

Angels Among Us: The Use Of Old Testament Passages As Inspiration For Temple Themes In The Dead Sea Scrolls, David J. Larsen

Studies in the Bible and Antiquity

A number of texts from the Qumran scrolls demonstrate the community's interest in heavenly ascent and in communion with angels. This article lays out a pattern observable in some of the poetic/liturgical texts (for example, the Hodayot and other noncanonical psalms) in which the leader of the community is taken up into the divine council of God to be taught the heavenly mysteries, is appointed a teacher of those mysteries, and is then commissioned to share the teachings with his followers. Upon learning the mysteries, the followers are enabled to likewise ascend to heaven to praise God with the angels. …

Studies In The Bible And Antiquity Volume 5, Neal A. Maxwell Institute For Religious Scholarship

Studies in the Bible and Antiquity

No abstract provided.

“Nothing But Sit, And Sit, And Eat, And Eat”: The Cantankerous Teacher In The Taming Of The Shrew, Eric L. De Barros

Quidditas

By definition, all comedies must end by praising and/or celebrating the elimination of a serious threat to the patriarchy order, and Shakespeare sets up the final scene of The Taming of the Shrew, one of his earliest comedies, to do just that. In short, by the time we reach Lucentio and Bianca’s wedding banquet, Petruccio has effectively tamed Katherine of her shrewishness. However, despite this scene of and cause for celebration, Petruccio remains oddly dissatisfied, as he responds to Lucentio’s encouragement of the sitting, chatting, and eating appropriate to such a festive occasion with these mood-killing words: “Nothing but …

Systems Biology Of The Functional And Dysfunctional Endothelium, Jennifer Frueh, Nataly Maimari, Takayuki Homma, Sandra M. Bovens, Ryan M. Pedrigi, Leila Towhidi, Rob Krams

Department of Mechanical and Materials Engineering: Faculty Publications

This review provides an overview of the effect of blood flow on endothelial cell (EC) signalling pathways, applying microarray technologies to cultured cells, and in vivo studies of normal and atherosclerotic animals. It is found that in cultured ECs, 5–10% of genes are up- or down-regulated in response to fluid flow, whereas only 3–6% of genes are regulated by varying levels of fluid flow. Of all genes, 90%are regulated by the steady part of fluid flow and 10% by pulsatile components. The associated gene profiles show high variability from experiment to experiment depending on experimental conditions, and importantly, the bioinformatical …

Impacts Of Drought On Disease Development And Management, Stephen Wegulo, Loren Giesler, Robert Harveson, Tamra A. Jackson-Ziems, Bo Liu, Kevin Korus

Department of Plant Pathology: Faculty Publications

Drought conditions such as those that occurred in Nebraska in 2012 can impact the development of plant diseases. In general drought slows down or prevents the development of plant diseases caused by pathogens that thrive under moist conditions. However, some diseases are favored by drought. This is because when plants are stressed due to lack of moisture or excessive heat, they become more susceptible to these diseases. This article presents examples of diseases of agronomic crops favored by drought and how to manage them. Data are provided on the effect of dry or wet conditions on the profitability of applying …

Challenges Of Unconventional Shale Gas Development: So What's The Rush, Bernard D. Goldstein, Elizabeth Ferrell Bjerke, Jill Kriesky

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Mushroom Ganoderma Lucidum Prevents Colitis- Associated Carcinogenesis In Mice, Daniel Sliva, Jagadish Loganathan, Jiahua Jiang, Andrej Jedinak, John G. Lamb, Colin Terry, Lee Ann Baldridge, Jiri Adamec, George E. Sandusky, Shailesh Dudhgaonkar

Department of Biochemistry: Faculty Publications

Background: Epidemiological studies suggest that mushroom intake is inversely correlated with gastric, gastrointestinal and breast cancers. We have recently demonstrated anticancer and anti-inflammatory activity of triterpene extract isolated from mushroom Ganoderma lucidum (GLT). The aim of the present study was to evaluate whether GLT prevents colitis-associated carcinogenesis in mice.

Methods/Principal Findings: Colon carcinogenesis was induced by the food-borne carcinogen (2-Amino-1-methyl-6- phenylimidazol[4,5-b]pyridine [PhIP]) and inflammation (dextran sodium sulfate [DSS]) in mice. Mice were treated with 0, 100, 300 and 500 mg GLT/kg of body weight 3 times per week for 4 months. Cell proliferation, expression of cyclin D1 and COX-2 and …

The Hyaluronan Receptor For Endocytosis (Hare) Activates Nf-Κb-Mediated Gene Expression In Response To 40–400-Kda, But Not Smaller Or Larger, Hyaluronans, Madhu S. Pandey, Bruce A. Baggenstoss, Jennifer Washburn, Edward N. Harris, Paul H. Weigel

Department of Biochemistry: Faculty Publications

Background: HARE mediates systemic clearance of hyaluronan (HA), which turns over continuously in tissues.

Results: HARE uptake of 40–400-kDa, but not larger or smaller, HA stimulated NF-κB activation.

Conclusion: HA-HARE signal complexes activate NF-κB and gene transcription only with optimally sized HA.

Significance: HARE responsiveness to a narrow size range ofHAdegradation products may be a sensing system to detect tissue ECM stress.

Potassium Ion Channels: Could They Have Evolved From Viruses?1[W], Gerhard Thiel, Anna Moroni, Guillaume Blanc, James L. Van Etten

James Van Etten Publications

Cells communicate among themselves by electrical activity. Sophisticated membrane-embedded proteins, called ion channels, catalyze rapid, selective, and regulated ion fluxes across membranes (Hille, 2001). The resulting membrane currents are responsible for neuronal activity and the systemic propagation of electrical signals in animals. The activity of some channels is important for muscle movement in animals or growth in plants; other channels sense the concentration of physiological signals and modulate key processes in all kinds of eukaryotic cells. Among the many diverse ion channels in higher organisms, K+ channels are among the most important. One feature of K+ channels is that they …

Eminent Domain For The Seizure Of Underwater Mortgages, Sarah Thompson

University of Michigan Journal of Law Reform Caveat

Like many cities in the United States, Richmond, California suffered greatly from the recent mortgage crisis. The foreclosure crisis hit Richmond hard in 2009, when more than 2,000 homes in Richmond went into foreclosure. This figure is especially shocking given that there were 18,659 owner-occupied housing units in the city at that time. In 2012, the city saw an additional 914 foreclosures and a foreclosure rate of thirty out of 1,000 homes (well above the national average of thirteen of every 1,000 homes). Today, it is reported that nearly forty-six percent of homes in Richmond are “underwater,” meaning that what …

Expressions 2013, Nate Gainer, Cainon Leeds, Brittny Mecham, Caitlin Hainley, Lindsay Simpson, Sydney Bardole, Brianna M. Brawley, Jason Allen, Andrea Moklestad, Sarah Pillman, Savannah Wood, Mary Rowan, Jennifer Stanton, Case R. Hemming

Expressions

No abstract provided.