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2013

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John Brown Went Off To War: Considering Veterans’ Courts As Problem-Solving Courts, Michael L. Perlin Jan 2013

John Brown Went Off To War: Considering Veterans’ Courts As Problem-Solving Courts, Michael L. Perlin

Articles & Chapters

In this paper, I seek to contextualize veterans courts in light of the therapeutic jurisprudence (TJ) movement, the turn to problem-solving courts of all sorts (especially focusing on mental health courts), and the societal ambivalence that we have shown to veterans in the four decades since the Vietnam war.

I argue that TJ’s focuses on how law actually impacts people’s lives, on the law’s influence on emotional life and psychological well-being and on the need for law to value psychological health and avoid the imposition of anti-therapeutic consequences whenever possible can serve as a template for a veterans courts model …

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The Judge, He Cast His Robe Aside: Mental Health Courts, Dignity And Due Process, Michael L. Perlin Jan 2013

The Judge, He Cast His Robe Aside: Mental Health Courts, Dignity And Due Process, Michael L. Perlin

Articles & Chapters

One of the most important developments in the past two decades in the way that criminal defendants with mental disabilities are treated in the criminal process has been the creation and the expansion of mental health courts, one kind of “problem-solving court.” There are now over 300 such courts in operation in States, some dealing solely with misdemeanors, some solely with non-violent offenders, and some with no such restrictions. There is a wide range of dispositional alternatives available to judges in these cases, and an even wider range of judicial attitudes. And the entire concept of “mental health courts” is …

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A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning Jan 2013

A Tale Of Three Hoaxes: When Literature Offends The Law, Molly Guptill Manning

Articles & Chapters

No abstract provided.

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Myths About Shareholder Value, Faith Stevelman Jan 2013

Myths About Shareholder Value, Faith Stevelman

Articles & Chapters

The concept of unitary "shareholder value" and its reflection in nearterm stock prices formed the centrepiece of contemporary corporate governance up to the 2008 financial crisis. The crisis has elicited both more critical and clearer, book-length accounts of the relationship of law, corporate governance and finance. The concepts analysed in Lynn Stout's The Shareholder Value Myth are considered herein, as part of a commentary on the continuing evolution of academic corporate law and governance.

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Fostering The Human Rights Of Youth In Foster Care: Defining Reasonable Efforts To Improve Consequences Of Aging Out, Ramesh Kasarabada Jan 2013

Fostering The Human Rights Of Youth In Foster Care: Defining Reasonable Efforts To Improve Consequences Of Aging Out, Ramesh Kasarabada

Articles & Chapters

No abstract provided.

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There Must Be Some Way Out Of Here: Why The Convention On The Rights Of Persons With Disabilities Is Potentially The Best Weapon In The Fight Against Sanism, Michael L. Perlin Jan 2013

There Must Be Some Way Out Of Here: Why The Convention On The Rights Of Persons With Disabilities Is Potentially The Best Weapon In The Fight Against Sanism, Michael L. Perlin

Articles & Chapters

It is impossible to consider the impact of anti-discrimination law on persons with mental disabilities without a full understanding of how sanism permeates all aspects of the legal system – judicial opinions, legislation, the role of lawyers, juror decision-making – and the entire fabric of society. For those unfamiliar with the term, I define "sanism" as an irrational prejudice of the same quality and character as other irrational prejudices that cause and are reflected in prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry, that permeates all aspects of mental disability law and affects all participants in the mental …

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Visual Jurisprudence, Richard Sherwin Jan 2013

Visual Jurisprudence, Richard Sherwin

Articles & Chapters

Lawyers, judges, and jurors face a vast array of visual evidence and visual argument inside the contemporary courtroom. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself, …

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Mapping, Modeling, And The Fragmentation Of Environmental Law, Dave Owen Jan 2013

Mapping, Modeling, And The Fragmentation Of Environmental Law, Dave Owen

Faculty Scholarship

No abstract provided.

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Enhancing Protein Concentration In Hard Red Spring Wheat With Nitrogen Management Based On Plant Predictors, Amanda Sue Schoch Jan 2013

Enhancing Protein Concentration In Hard Red Spring Wheat With Nitrogen Management Based On Plant Predictors, Amanda Sue Schoch

Plant Sciences

In recent years (2009-2011) many producers have had issues meeting the market requirements of 140 g kg-1 of protein concentration in hard red spring wheat (HRSW) (Triticum aestivum L. emend. Thell) especially with newer cultivars that are genetically prone to producing lower grain protein concentration. To address this issue, the first part of this study was to determine whether if plant based predictors could be used to predict grain protein content prior to anthesis. Experiments were conducted in 2011-2012 at Crookston, Minnesota (MN) and Prosper, North Dakota (ND). The second part of this study was to determine if protein concentration …

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Quantitative Genetic Analysis Of 16 Maize Populations Adapted To The Northern U.S. Corn Belt, Tonette Laude Jan 2013

Quantitative Genetic Analysis Of 16 Maize Populations Adapted To The Northern U.S. Corn Belt, Tonette Laude

Plant Sciences

Genetic diversity is essential for genome sequencing and a key contributor to increase frequency of favorable alleles for maize improvement. The objectives of this study were to determine the genetic components, assess the genetic diversity, and propose the heterotic grouping of a large sample of short-season maize populations based on multiple traits. Sixteen maize populations were included in a diallel mating design that followed Gardner-Eberhart Analysis (GEAN) II to estimate variety (vi) and heterosis (hij) genetic effects. The general combining ability (gi) estimates were also determined and used to classify the populations based on their genetic diversity. Data were generated …

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All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein Jan 2013

All’S Well That Ends Well: The Importance Of Full And Effective Closure In Attorney-Client Relationships, Gail E. Silverstein

Faculty Scholarship

This Article addresses a subject that has not received serious academic attention in law or in clinical scholarship: how lawyers should end their relationships with clients. As human beings, we intuitively understand the importance of endings in relationships, and lawyer-client relationships often impact both the lawyer and the client. Despite the amount of attention paid to other aspects of client interviewing and counseling, such as how to conduct an effective initial client interview, there is relatively little literature on how to achieve effective closure. This Article draws on research from the therapeutic professional field about how to effectively end professional …

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Genetic And Physiological Relationships Between Oat Grain Quality Components, Ronald Dorcinvil Jan 2013

Genetic And Physiological Relationships Between Oat Grain Quality Components, Ronald Dorcinvil

Plant Sciences

The use of oats for human consumption is increasing every day due to the health benefits of oat products. With the objective to study relationships among factors affecting oat grain quality, two Recombinant Inbred Lines (RIL) mapping populations (`ND030299' x `ND991151' and `ND030299' x `Souris') have been used in this study. The two populations with their parents and three check cultivars were evaluated in a square lattice design in 2008 and 2009 at two North Dakota locations. Data were recorded on the following agronomic traits: grain yield, test weight, 1000 kernel weight, thin kernels, heading date, and plant height. Chemical …

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Weed Control With Cover Crops In Potato (Solanum Tuberosum L.), Grant Harry Mehring Jan 2013

Weed Control With Cover Crops In Potato (Solanum Tuberosum L.), Grant Harry Mehring

Plant Sciences

Field experiments were conducted near Oakes and Fargo, North Dakota from 2009-2010, and repeated near Carrington, North Dakota from 2010-2011, to evaluate weed control in both irrigated and non-irrigated potato production as influenced by cover crops and cover crop termination methods. Cover crop treatments at Oakes and Fargo were no cover crop, triticale, rye, turnip/radish, and rye/canola. Cover crop treatments at Carrington were no cover crop, triticale, rye, hairy vetch, and rye/hairy vetch. Termination treatments for the cover crops were roller-crimp, disk-till, roto-till, and herbicide. Cover crop residue was mostly sufficient for weed control at all locations. However, after two …

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Utilizing Pruning And Leaf Removal To Ripen Grapes And Encourage Cold Tolerance In North Dakota, Andrew David Aipperspach Jan 2013

Utilizing Pruning And Leaf Removal To Ripen Grapes And Encourage Cold Tolerance In North Dakota, Andrew David Aipperspach

Plant Sciences

Experiments were conducted at North Dakota vineyards in 2011 and 2012. Pruning limited vines to a specific number of primary buds while leaf removal exposed ripening grape clusters to increased sunlight. Variables included length of growth prior to dormant pruning, weight of growth, rate of ripening, total weight of harvested grapes, weight per grape cluster, berry weight, number of clusters per vine, soluble solid concentration (°Brix), titratable acidity (TA), and pH. Data were analyzed as a CRD with a factorial arrangement. Analysis showed varied significance with pruning and shade leaf removal interacting with specific cultivar traits to influence growth, grape …

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'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin Jan 2013

'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin

Articles & Chapters

Schools are increasingly expected to intervene to prevent the sorts of bullying behavior that can interfere with education. If they do so inadequately, as a number of recent cases show, school districts may be held liable under Title IX for their “deliberate indifference” to harassment that effectively prevents the victim from receiving the benefits of public education. In popular imagination, “bullying” usually consists of one aggressor terrorizing one victim, sometimes with the assistance or tacit approval of other students. But least with respect to the many cases of students being targeted because they were, or were perceived to be, gay, …

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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 Jan 2013

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 …

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Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek Jan 2013

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. …

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Fcc Ancillary Jurisdiction Over Internet And Broadband, Michael Botein Jan 2013

Fcc Ancillary Jurisdiction Over Internet And Broadband, Michael Botein

Articles & Chapters

No abstract provided.

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And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow Jan 2013

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.

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Patent Infringement As Criminal Conduct, Jacob S. Sherkow Jan 2013

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 …

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Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold Jan 2013

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 …

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Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel Jan 2013

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 …

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They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin Jan 2013

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 …

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From The Particular To The General: Three Federal Rules And The Jurisprudence Of The Rehnquist And Roberts Courts, Edward A. Purcell Jr. Jan 2013

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.

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Understanding Curtiss-Wright, Edward A. Purcell Jr. Jan 2013

Understanding Curtiss-Wright, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

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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 Jan 2013

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.

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There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A ‘Post-Racial’ Society, Deborah N. Archer Jan 2013

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 …

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Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused Jan 2013

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

Articles & Chapters

No abstract provided.

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Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna Jan 2013

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, …

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The Song Is Over: Why It's Time To Stop Talking About An International Investment Arbitration Appellate Body, Barry Appleton Jan 2013

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.

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