Digital Commons Network^™

Larry From The Left: An Appreciation, Matthew T. Bodie, Grant M. Hayden

All Faculty Scholarship

This essay approaches the scholarship of the late Professor Larry Ribstein from a progressive vantage point. It argues that Ribstein's revolutionary work upended the "nexus of contracts" theory in corporate law and provided a potential alternative to the regulatory state for those who believe in worker empowerment and anti-cronyism. Progressive corporate law scholars should look to Ribstein's scholarship not as a hurdle to overcome, but as a resource to be tapped for insights about constructing a more egalitarian and dynamic economy.

Participation As A Theory Of Employment, Matthew T. Bodie

All Faculty Scholarship

The concept of employment is an important legal category, not only for labor and employment law, but also for intellectual property law, torts, criminal law, and tax. The right-to-control test has dominated the debate over the definition of “employee” since its origins in the master-servant doctrine. However, the test no longer represents our modern notion of what it means to be an employee. This change has played itself out in research on the theory of the firm, which has shifted from a model of control to a model of participation in a team production process. This Article uses the theory …

Social Enterprise: Who Needs It?, Brian Galle

Georgetown Law Faculty Publications and Other Works

State statutes authorizing firms to pursue mixtures of profitable and socially-beneficial goals have proliferated in the past five years. In this invited response essay, I argue that for one large class of charitable goals the so-called “social enterprise” firm is often privately wasteful. While the hybrid form is a bit more sensible for firms that combine profit with simple, easily monitored social benefits, existing laws fail to protect stakeholders against opportunistic conversion of the firm to pure profit-seeking. Given these failings, I suggest that social enterprise’s legislative popularity can best be traced to a race to the bottom among states …

Indisputable Violations: What Happens When The United States Unambiguously Breaches A Treaty, David A. Koplow

Georgetown Law Faculty Publications and Other Works

!e United States justi"ably prides itself on its devotion to “the rule of law.” We take legal instruments seriously; when we assume a binding legal obligation at home, we mean it, and we expect all parties to the agreement to demonstrate comparable fealty.

!is commitment to the law also extends to international agreements. Treaties are the coin of the international realm, and the United States leads the world both in making treaties and in publicly and pointedly holding others accountable when they fall short of full compliance. What happens, then, when the United States contravenes a binding international legal obligation …

The Incoherence Of Marital Benefits, Robin West

Georgetown Law Faculty Publications and Other Works

En route to finding the Defense of Marriage Act (DOMA) an unconstitutional violation of the Fifth Amendment's Equal Protection Clause, the Second Circuit Court of Appeals in Windsor v. United States gave short shrift to one of Congress's primary arguments in defense of the Act: that the federal government has a compelling interest in limiting federal marriage benefits to opposite-sex couples because traditional marriage has the laudable purpose-or function-of channeling the heterosexual sex that creates children into a way of life that provides the optimal environment for the rearing of those children. In other words, DOMA aims to minimize irresponsible …

United States Of America: The Burden Of Proof In Tax Matters, Henry Ordower

All Faculty Scholarship

This United States report responds to a questionnaire that the general reporters prepared for the 2011 meeting of the European Association of Tax Law Professors in Uppsala, Sweden, June 3-5, 2011. The report describes and analyzes the U.S. law on burden of proof and burden of production in tax matters in the context of tax law procedure, including the settlement function of appeals and information reporting, uncertain tax positions (Form UTP) and foreign accounts of U.S. taxpayers. This report also addresses the interplay of burden of proof and the anti-abuse provisions, including the “economic substance” clarification in section 7701(o) and …

Liberal Responsibilities, Robin West

Georgetown Law Faculty Publications and Other Works

This essay is a review of When the State Speaks, What Should it Say?: How Democracies can Protect Expression and Promote Equality by Corey Brettschneider (2012) and Ordered Liberty: Rights, Responsibilities, and Virtues by James E. Fleming & Linda C. McClain (2013).

In a parallel fashion, Fleming and McClain articulate and then defend a general conception of “constitutional liberalism” and its core individual rights against various critics, including communitarians such as Mary Ann Glendon and Michael Sandel, and “minimalists” such as Cass Sunstein and Jeremy Waldron, who argue that for various reasons those individual rights have undermined either civic society …

Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo

All Faculty Scholarship

Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.

The U.S. V. The Red Cross: Customary International Humanitarian Law And Universal Jurisdiction, Noura Erakat

Denver Journal of International Law & Policy

No abstract provided.

The Volta Convention: An Effective Tool For Transboundary Water Resource Management In An Era Of Impending Climate Change And Devastating Natural Disasters, Megan Matthews

Denver Journal of International Law & Policy

No abstract provided.

Keynote: Sustaining Society In The Anthropocene Epoch, Nicholas A. Robinson

Denver Journal of International Law & Policy

No abstract provided.

Chile's Environmental Laws And The Hidroaysen Northern Patagonia Dams Megaproject: How Is This Project Sustainable Development, Marcus T. Pearson, David Adronofsky, Emily Royer

Denver Journal of International Law & Policy

No abstract provided.

Vol. 42, No. 1: Title Page, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

The Conflict Between Development And The Right Of The Child To Health, Laura Westra

Denver Journal of International Law & Policy

No abstract provided.

Sailing On Troubled Waters - Antiquated U.S. Maritime Liability Limits For Death And Injuries Of Ship Passengers: Options For Reform, Riaz Zaman

Denver Journal of International Law & Policy

No abstract provided.

Awas Tingni V. Nicaragua Reconsidered: Grounding Indigenous Peoples' Land Rights In Religious Freedom, Bryan Neihart

Denver Journal of International Law & Policy

No abstract provided.

The Antiinflammatory Action And Pharmacokinetics Of A Novel Glucosamine-Based Di-Peptide Aminosugar, Mohammad H. Gilzad-Kohan, Kamaljit Kaur, Fakhreddin Jamali

Pharmacy Faculty Articles and Research

Purpose. We have previously shown favorable in vitro gut permeability for three novel dipeptide esters of glucosamine (GlcN) likely facilitated by the peptide transporter 1 (PepT1). Herein, we report the development of a novel assay for the determination of bioavailability of the peptide ester of interest, the anti-inflammatory properties of a glycine-valine ester derivative of GlcN (GVG) as well as its pharmacokinetics under healthy and inflammatory conditions.

Methods. A pre-column derivatization (with 9-fluorenylmethoxycarbonyl) HPLC assay was developed to study bioavailability of GVG, GlcN or cleaved GlcN in the rats that were cannulated in their right jugular vein for …

Rights Adjudication In A Plurinational State: The Supreme Court Of Canada, Freedom Of Religion, And The Politics Of Reasonable Accommodation, Sujit Choudhry

Osgoode Hall Law Journal

A disproportionate number of the Supreme Court of Canada’s recent cases on freedom of religion come out of Quebec and involve claims for reasonable accommodation. These decisions represent a point of national cleavage in two respects. First, in each case the Quebec Court of Appeal rejected the section 2(a) claims, and the Supreme Court of Canada overturned its decision. Second, the Supreme Court has often divided on national lines with one or more francophone judges from Quebec writing a concurrence or a sharp dissent. Moreover, francophone judges from outside Quebec have also broken ranks with their colleagues. The cleavages on …

Aboriginal And Treaty Rights And Violence Against Women, John Borrows

Osgoode Hall Law Journal

Violence against Indigenous women is a crisis of national proportions. Unfortunately, Indigenous peoples have been prevented from arguing that Indigenous communities are a constitutional site of activity for dealing with such violence. This article suggests that Aboriginal and treaty rights under section 35 of the Constitution could play a significant role in ensuring that all levels of government are seized with the responsibility for dealing with violence against women. This article explores how section 35 could be reinterpreted in ways that place issues of gender and violence at the heart of its analysis.

The Influence Of Systems Analysis On Criminal Law And Procedure: A Critique Of A Style Of Judicial Decision-Making, Bernard E. Harcourt

Faculty Scholarship

This draft analyzes the birth and emergence of the idea of the “criminal justice system” in the 1960s and the fundamentally transformative effect that the idea of a “system” has had in the area of criminal law and criminal procedure. The manuscript develops a critique of the systems analytic approach to legal and policy decision making. It then discusses how that critique relates to the broader area of public policy and contemporary cost-benefit analysis.

The draft identifies what it calls “the systems fallacy” or the central problem with approaching policy questions from a systems analytic approach: namely, the hidden normative …

The Price Of Sunshine: Open Dependency Courts And Their Risks To Lgbtq Child Abuse And Neglect Victims, William Wesley Patton

Journal of Hate Studies

The following analysis surveys the vast child and adolescent psychiatric evidence regarding the significant risks that LGBTQ youth suffer from the fear of disclosure and/or the actual publicity of their sexual orientation once child dependency proceedings are presumptively opened to the media and the public in general.

Film Review: S. Leo Chiang’S Mr. Cao Goes To Washington, Jessica Maucione

Journal of Hate Studies

S. Leo Chiang’s documentary-biopic, Mr. Cao Goes to Washington, opens in New Orleans in 2010 as Joseph Cao closes out his two years in the U.S. House of Representatives and hopes desperately but doubtfully for re-election—a situation Cao likens to “waiting to see a dentist before you get your teeth pulled out.” Part character study and part exposé of the current state of partisan politics in Congress, the film tells the story of Cao’s 2008 victory—the biggest upset of the 2008 Congressional elections—and his two years of service. During his term, Congressman Cao goes from enthu- siastic idealist to a …

Instructional Literacy: Acl 2013 Preconference With Char Booth, Becky Fisher

The Christian Librarian

No abstract provided.

Employing Pedagogical Imagination With Open Educational Resources, Rodney Birch, Jane Scott

The Christian Librarian

No abstract provided.

Associated Risk In Utilizing Controlled Implosion To Securely Seal An Offshore Oil-Leaking Pipeline, Mohammad Alkazimi, Katie Grantham

Engineering Management and Systems Engineering Faculty Research & Creative Works

This paper examines the potential risk of using controlled implosions as a new technique to securely seal an offshore leaking oil pipe. Massive amount of toxins and radioactive waste are produced by offshore oil leaks. These leaks can have negative impact on marine life and can threaten the stability of the ocean's ecosystem. In the past few years, there were several oil leak accidents that had left an overwhelming impact. Identifying potential impact and consequences to the proposed risk mitigation technique, to both the environment and the surrounding infra structure, is crucial to emergency response and crisis management teams. In …

Community College Presidents' Perspectives Of Dichotomous Events: The Consequences Of The Great Recession & Coincidental Increased Enrollment, Corey W. Carlson

Educational Leadership & Workforce Development Theses & Dissertations

The community college, like all of higher education, has been significantly impacted by the Great Recession and coincidental increased enrollment. The purpose of this qualitative study was to examine the decision making processes of community college presidents as related to resource allocation and the impact of these decisions on the comprehensive community college mission. Declining state funding and increased enrollments have greatly impacted how community college leaders make decisions with leaders incorporating shared governance and informed decision-making. Community college leaders have also been proactively seeking out alternative revenue streams in order to help offset decreased state funding. Findings of this …

Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

This chapter turns to the response of the criminal justice system to neighborhood violence, in particular examining to what extent persistently high levels of incarceration can depress economic well-being and human capital in disadvantaged and racially segregated communities. A panel analysis of New York City neighborhoods between 1985 and 1996, a period in which the city's violent-crime rates both rose and fell sharply, provides evidence that high incarceration rates reduce income growth, educational attainment, and work experience in disadvantaged and racially segregated neighborhoods. To rectify this, targeted micro investment and housing development in such areas can break the connection between …

Expedited Approval Of Energy Projects: Toward Assessing The Forms Of Procedural Relief, Michael B. Gerrard

Faculty Scholarship

If we are to prevent the worst effects of climate change, a major shift in the world’s energy systems will be needed, including the construction of a massive number of clean energy facilities. Under one well-known scenario, this will require — along with many other actions — the construction of 230 wind farms the size of the proposed Cape Wind project in Nantucket Sound; 1,000 large solar generating facilities of about ten square miles each; 1,400 natural gas-fired electric generating stations; 800 carbon capture and sequestration systems at coal-fired power plants; and 850 new nuclear power plants.

The Cape Wind …

Staging The Family, Clare Huntington

Faculty Scholarship

For many critical aspects of family life, all the world truly is a stage. When a parent scolds a child on the playground, all eyes turn to watch and judge. When an executive’s wife hosts a work party, the guests are witness to traditional gender roles. And when two fathers attend a back-to-school night for their child, other parents take note of this relatively new family configuration. Family is popularly considered intimate and personal, but in reality much of family life is lived in the public eye.

These performances of family and familial roles do not simply communicate messages to …

Characterization Of A Novel Fusion Protein Of Ipab And Ipad Of Shigella And Its Potential As A Pan-Shigella Vaccine, F. J. Martinez-Becerra, X. Chen, Nicholas E. Dickenson, S. P. Choudhari, K. Harrison, J. D. Clements, W. D. Picking, L. L. Van De Verg, R. I. Walker, W. L. Picking

Chemistry and Biochemistry Faculty Publications

Shigellosis is an important disease in the developing world, where about 90 million people become infected with Shigella spp. each year. We previously demonstrated that the type three secretion apparatus (T3SA) proteins IpaB and IpaD are protective antigens in the mouse lethal pulmonary model. In order to simplify vaccine formulation and process development, we have evaluated a vaccine design that incorporates both of these previously tested Shigella antigens into a single polypeptide chain. To determine if this fusion protein (DB fusion) retains the antigenic and protective capacities of IpaB and IpaD, we immunized mice with the DB fusion and compared …