Digital Commons Network^™

Theories Of State Compliance With International Law: Assessing The African Union’S Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy

Articles & Chapters

May 26, 2011, marked the ten-year anniversary of the establishment of the African Union, and with the sudden death of Muammar al Gaddafi, who was instrumental in the creation of the African Union, the time is ripe to fully re-assess the ability of the African Union to ensure state compliance with the Constitutive Act of the African Union (Constitutive Act) and the African Charter on Human and Peoples’ Rights (African Charter). The African continent has a long history of massive human rights abuses. Prior to 2001, the Organization of African Unity (OAU) was responsible for ensuring that African states complied …

Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek

Articles & Chapters

This article offers a comparative framework for studying why and how law is mobilized to advance justice claims by marginalized groups in Asia. In it, we build upon a series of collaborative exchanges between practitioners and scholars on the role of social justice lawyers in eleven Asian countries: Bangladesh, China, India, Indonesia, Malaysia, Mongolia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Based on lessons from this collaboration, we suggest that one way to understand variation in the type and scope of legal mobilization for the politically weak is in relation to two important domestic factors: political openness and autonomy of law. …

Fcc Ancillary Jurisdiction Over Internet And Broadband, Michael Botein

Articles & Chapters

No abstract provided.

And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow

Articles & Chapters

The Mayo Court's novel test for patent eligibility — whether or not an invention involves “well-understood, routine, conventional activity, previously engaged in by researchers in the field” — focuses on how an invention is accomplished rather than what an invention is. That concern with the method of invention poses several normative, statutory, and administrative difficulties. Taken seriously, the “how” requirement will likely have broad effects across all levels of patent practice.

Patent Infringement As Criminal Conduct, Jacob S. Sherkow

Articles & Chapters

Criminal and civil law differ greatly in their use of the element of intent. The purposes of intent in each legal system are tailored to effectuate very different goals. The Supreme Court’s recent decision in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), however, imported a criminal concept of intent — willful blindness — into the statute for patent infringement, a civil offense, despite these differences. This importation of a criminal law concept of intent into the patent statute is novel and calls for examination. This Article compares the purposes behind intent in criminal law with the …

Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold

Articles & Chapters

Over the past twenty-five years, courts and commentators have recognized and upheld conservation easements as an important vehicle to preserve natural and ecologically sensitive land, focusing primarily on easements held by nonprofit organizations (NPOs). During the same period, courts and commentators have supported property rights of owners against governmental land use regulation. This paper maintains that these two independent developments militate for the increased use of consensual conservation easements by governmental entities to achieve public land preservation goals. Governmental conservation easements can realize the benefits of efficiency, consent and free choice, and conservation, while avoiding the coercion implicit in public …

Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel

Articles & Chapters

One of the most complex and uncertain areas of international legal doctrine is how should international law deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining …

They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …

From The Particular To The General: Three Federal Rules And The Jurisprudence Of The Rehnquist And Roberts Courts, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

Understanding Curtiss-Wright, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

Obscenity & Indecency Law: Why Howl Is Still Silenced Symposium - Mania: The Lives, Literature, And Law Of The Beats: Session 2: The Law Of Howl: Transcripts, Nadine Strossen

Articles & Chapters

No abstract provided.

There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A ‘Post-Racial’ Society, Deborah N. Archer

Articles & Chapters

This essay takes a fresh look at the scholarship on the practice of cross-cultural and client-centered lawyering. The current scholarship explores methods of training law students to be mindful of the ways that cultural differences can impact legal representation. However, this scholarship has not addressed how to equip students to address issues of racial discrimination in light of the post-racial lens through which many view these problems. Legal educators must examine how law students’ beliefs regarding the current relevance of race in America affects their ability to represent clients who believe they are victims of racial discrimination.

The essay charts …

Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused

Articles & Chapters

No abstract provided.

Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna

Articles & Chapters

Community Economic Development (CED) scholars posit that creating worker cooperatives, businesses owned and managed by their workers, is a progressive approach to CED that has the potential to go beyond job creation and spur grassroots political activism. Yet many workers’ rights organizations and workers’ rights advocates, especially those serving low-wage immigrant workers, struggle with how to connect worker cooperatives to broader efforts for change. This Article argues that forming a worker cooperative that acts as a change agent requires more than simply structuring the business as a worker cooperative. Cooperative corporation laws and cooperative principles set a floor — typically, …

The Song Is Over: Why It's Time To Stop Talking About An International Investment Arbitration Appellate Body, Barry Appleton

Articles & Chapters

No abstract provided.

Making Historical Fiction Appealing To Young Adults Through Book Trailers, Chelsey Kolpin

Graduate Research Papers

The Hi-Fi for Wi-Fi website was developed to address the problem that many young adults do not select historical fiction for free reading because they view the genre negatively. The website can be used as an advisory and teaching tool for young adults, teachers, parents, and librarians to increase interest in historical fiction via book trailers. The website includes 15 books that were published in 2003 or after, and are included in the H.W. Wilson core or highly recommended collections. Book trailers and descriptions for all 15 books are embedded on the pages of the website, and are organized by …

Judging Identity, Carla Pratt

Faculty Articles

Identity matters when it comes to judging. It is important to have judges with intersecting subordinated identities on our courts because these judges contribute unique perspectives that can be different from judges lacking the lived experience of intersectionality. With the appointment of Justice Sonia Sotomayor to the United States Supreme Court came many questions, including one about whether her identity as a Latina would affect her decision making on the Court. The question is a legitimate one prompted by a statement Justice Sotomayor made in a speech several years prior to her nomination to the Court. In a lecture given …

The Project Model Of Clinical Education, Anna Carpenter

Faculty Articles

In clinical legal education, there is growing interest in the development of project-based clinical work, which includes a broad range of activities, such as legislative and policy reform, community economic development and community legal education. In the project model, students use non-litigation advocacy strategies to solve challenging legal problems for clients and engage a broad range of multidimensional legal skills, including complex problem-solving, strategic planning, project management, and professional communication skills. Clinical scholarship on project-based learning has suggested that key pedagogical methods, particularly maximizing role assumption and student ownership of clinic work, must be compromised in projects due to the …

Resurrecting Court Deference To The Securities And Exchange Commission: Definition Of "Security", Steven Cleveland

Faculty Articles

No abstract provided.

Resurrecting Deference To The Securities And Exchange Commission: Mark Cuban And Trading On Inside Information, Steven Cleveland

Faculty Articles

No abstract provided.

The Reappearing Judge, Steven S. Gensler, Lee Rosenthal

Faculty Articles

No abstract provided.

After United States V. Jones, After The Fourth Amendment Third Party Doctrine, Stephen E. Henderson

Faculty Articles

In United States v. Jones, the Supreme Court unanimously rejected the proposition that the Government can surreptitiously electronically track vehicle location for an entire month without Fourth Amendment restraint. While the Court's three opinions leave much uncertain, in one perspective they fit nicely within a long string of cases in which the Court is cautiously developing new standards of Fourth Amendment protection, including a rejection of a strong third party doctrine. This Article develops that perspective and provides a cautiously optimistic view of where search and seizure protections may be headed.

More detail:

United States v. Jones, in which the …

Florida Institute Of Technology Catalog 2014-2015, Florida Institute Of Technology

Florida Institute of Technology Melbourne and Jensen Beach Catalogs, 1967-2015

Academic catalog by Florida Institute of Technology for the 2014-2015 academic year.

Do Trademark Lawyers Matter?, Deborah Gerhardt, Jon J. Lee

Faculty Articles

This Article empirically examines whether lawyers make a difference in prosecuting federal trademark applications and, if so, how much. Working from a wealth of data the USPTO released in 2012, we examine 5,489,586 federal trademark applications filed since 1984 to determine how much legal representation correlates with success rates in various stages of the trademark application process. First, we show how trademark publication and registration rates have changed over time. Against that background, we examine how these rates differ if the applicant had legal counsel. By illustrating these differences over time, we assess whether trademark registration has become more accessible …

Safeguarding The Proprierty Of The Judiciary, Jon J. Lee

Faculty Articles

The ABA Model Code of Judicial Conduct and the judicial codes of conduct in nearly every jurisdiction admonish judges to avoid the appearance of impropriety. The North Carolina Code of Judicial Conduct likewise contained a similar prohibition until 2003, when the Supreme Court of North Carolina removed the language and made related amendments to the Code. Although North Carolina is an outlier in this regard, two questions remain: first, whether North Carolina judges are still required to consider appearances in performing their duties; and second, whether judicial codes of conduct should prescribe such a standard at all. To answer the …

Can A Pluralistic Commonwealth Endure?, Brian Mccall

Faculty Articles

This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.

Gender Differences In Attitudes Impeding Colorectal Cancer Screening., Paul Ritvo, Ronald E. Myers, Lawrence Paszat, Mardie Serenity, Daniel F Perez, Linda Rabeneck

Department of Medical Oncology Faculty Papers

BACKGROUND: Colorectal cancer screening (CRCS) is the only type of cancer screening where both genders reduce risks by similar proportions with identical procedures. It is an important context for examining gender differences in disease-prevention, as CRCS significantly reduces mortality via early detection and prevention. In efforts to increase screening adherence, there is increasing acknowledgment that obstructive attitudes prevent CRCS uptake. Precise identification of the gender differences in obstructive attitudes is necessary to improve uptake promotion. This study randomly sampled unscreened, screening - eligible individuals in Ontario, employing semi-structured interviews to elicit key differences in attitudinal obstructions towards colorectal cancer screening …

Presence Of Anaplastic Lymphoma Kinase In Inflammatory Breast Cancer., Fredika M Robertson, Emanuel F Petricoin Iii, Steven J Van Laere, Francois Bertucci, Khoi Chu, Sandra V Fernandez, Zhaomei Mu, Katherine Alpaugh, Jianming Pei, Rita Circo, Julia Wulfkuhle, Zaiming Ye, Kimberly M Boley, Hui Liu, Ricardo Moraes, Xuejun Zhang, Ruggero Demaria, Sanford H Barsky, Guoxian Sun, Massimo Cristofanilli

Department of Medical Oncology Faculty Papers

Although Inflammatory Breast Cancer (IBC) is recognized as the most metastatic variant of locally advanced breast cancer, the molecular basis for the distinct clinical presentation and accelerated program of metastasis of IBC is unknown. Reverse phase protein arrays revealed activation of the receptor tyrosine kinase, anaplastic lymphoma kinase (ALK) and biochemically-linked downstream signaling molecules including JAK1/STAT3, AKT, mTor, PDK1, and AMPKβ in pre-clinical models of IBC. To evaluate the clinical relevance of ALK in IBC, analysis of 25 IBC patient tumors using the FDA approved diagnostic test for ALK genetic abnormalities was performed. These studies revealed that 20/25 (80%) had …

Dysregulated Methylation At Imprinted Genes In Prostate Tumor Tissue Detected By Methylation Microarray., Daniel I Jacobs, Yingying Mao, Alan Fu, William Kevin Kelly, Yong Zhu

Department of Medical Oncology Faculty Papers

BACKGROUND: Imprinting is an important epigenetic regulator of gene expression that is often disrupted in cancer. While loss of imprinting (LOI) has been reported for two genes in prostate cancer (IGF2 and TFPI2), disease-related changes in methylation across all imprinted gene regions has not been investigated.

METHODS: Using an Illumina Infinium Methylation Assay, we analyzed methylation of 396 CpG sites in the promoter regions of 56 genes in a pooled sample of 12 pairs of prostate tumor and adjacent normal tissue. Selected LOI identified from the array was validated using the Sequenom EpiTYPER assay for individual samples and further confirmed …

Ezh2 Knockdown Suppresses The Growth And Invasion Of Human Inflammatory Breast Cancer Cells., Zhaomei Mu, Hua Li, Sandra V Fernandez, Katherine R Alpaugh, Rugang Zhang, Massimo Cristofanilli

Department of Medical Oncology Faculty Papers

INTRODUCTION: Inflammatory breast cancer (IBC) is the most metastatic variant of breast cancer with the poorest survival in all types of breast cancer patients and presently therapeutic targets for IBC are very limited. Enhancer of zeste homolog 2 (EZH2) is frequently expressed in human IBC and its expression positively correlates with worse clinical outcome. However, the molecular basis for EZH2 promoting IBC has not been explored. Here, we investigated the functional role of EZH2 in IBC cells by examining the effects of its knockdown on the formation of tumor spheroids and invasion of these cells in vitro and in vivo …