Digital Commons Network^™

Law And Neuroscience Recommendations Submitted To The President's Bioethics Commission, David L. Faigman, Jones D. Owen, Richard J. Bonnie, B.J. Casey

Faculty Scholarship

No abstract provided.

Coming Of Age For The Federal Circuit, Robin Feldman

Faculty Scholarship

No abstract provided.

Ending Patent Exceptionalism & Structuring The Rule Of Reason The Supreme Court Opens The Door For Both, Robin Feldman

Faculty Scholarship

No abstract provided.

Patent Demands & Startup Companies The View From The Venture Capital Community, Robin Feldman

Faculty Scholarship

No abstract provided.

Patent Trolling Why Bio & Pharmaceuticals Are At Risk, Robin Feldman, Nicholson W. Price Ii

Faculty Scholarship

No abstract provided.

Transparency, Robin Feldman

Faculty Scholarship

The patent regime is a quintessential notice system. Implicit in its design is the concept that one attempting to license a patent can identify those who hold the requisite rights and the territory that the patent holders claim. The modern system, however, bears little resemblance to the idealized form. In the last decade, an entire Hobbit’s world has been created under the foliage with little information available to inform the market. To address the problem, this Article suggests borrowing from doctrines related to disclosure in the realm of corporate securities, molding those doctrines to particular patent concerns. As a government …

The Draft Bay Delta Conservation Plan Assessment Of Environmental Performance And Governance, Brian E. Gray, Jeffrey Mount, William Fleenor, Bruce Herbold, Wim Kimmerer

Faculty Scholarship

No abstract provided.

Legal Wilderness Its Past And Some Speculations On Its Future, John D. Leshy

Faculty Scholarship

No abstract provided.

Looking Backward To 1938, Richard L. Marcus

Faculty Scholarship

No abstract provided.

A Unified Theory Of Insurance Risk, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Thou Shalt Not Take The Name Of The Lord Thy God In Vain Use And Abuse Of Religious Exemptions From School Immunization Requirements, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Compensating The Victims Of Failure To Vaccinate What Are The Options?, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Codes In Context How States, Markets, And Civil Society Shape Adherence To Global Labor Standards, Jodi L. Short, Michael W. Toffel, Melissa Oullet

Faculty Scholarship

No abstract provided.

Monitoring The Monitors How Social Factors Influence Supply Chain Auditors, Jodi L. Short, Michael W. Toffel, Andrea R. Huguill

Faculty Scholarship

No abstract provided.

Taking Groundwater, Dave Owen

Faculty Scholarship

No abstract provided.

Gender Politics And Child Custody: The Puzzling Persistence Of The Best-Interest Standard Child Custody Decisionmaking, Elizabeth S. Scott, Robert E. Emery

Faculty Scholarship

The best-interests-of-the-child standard has been the prevailing legal rule for resolving child-custody disputes between parents for nearly forty years. Almost from the beginning, it has been the target of academic criticism. As Robert Mnookin famously argued in a 1976 article, "best interests" are vastly indeterminate – more a statement of an aspiration than a legal rule to guide custody decisionmaking. The vagueness and indeterminacy of the standard make outcomes uncertain and gives judges broad discretion to consider almost any factor thought to be relevant to the custody decision. This encourages litigation in which parents are motivated to produce hurtful evidence …

The Story Of Chevron: The Making Of An Accidental Landmark, Thomas W. Merrill

Faculty Scholarship

Chevron U.S.A. Inc. v. NRDC is one of the most famous cases in administrative law, but it was not regarded that way when it was decided. To the justices who heard the case, Chevron was a controversy about the validity of the "bubble" concept under the Clean Air Act, not about the standard of review of agency interpretations of statutes. Drawing on Justice Blackmun's papers, Professor Merrill shows that the Court was initially closely divided, but Justice Stevens' opinion won them over, with no one paying much attention to his innovations in the formulation of the standard of review or …

Step Zero After City Of Arlington, Thomas W. Merrill

Faculty Scholarship

The thirty-year history of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. is a story of triumph in the courts and frustration on the part of administrative law scholars. Chevron's appeal for the courts rests in significant part on its ease of application as a decisional device. Questions about the validity of an agency's interpretation of a statute are reduced to two inquiries: whether the statute itself provides a clear answer and, if not, whether the agency's answer is a reasonable one. The framework can be applied to virtually any statutory interpretation question resolved by an agency, and …

Child-Custody Decisionmaking, Katharine T. Bartlett, Elizabeth S. Scott

Faculty Scholarship

The most famous article on child-custody law, and one of the most important in family law scholarship altogether, is Robert H. Mnookin's Child Custody Adjudication: Judicial Functions in the Face of Indeterminacy, published in Law and Contemporary Problems in 1975. In that article, Professor Mnookin analyzed the best-interests-of-the-child standard, which by the 1970s had emerged as the dominant custody decision rule. Although the best-interests standard seemed on its face to be an uncomplicated and straightforward way to put the interests of children first in custody decisionmaking, Professor Mnookin explained its distinctive character and deficiencies as a legal rule. His …

In Search Of Skidmore, Peter L. Strauss

Faculty Scholarship

Ever since 1827, the U.S. Supreme Court has repeatedly observed that when a court is interpreting a statute that falls within the authority of an administrative agency, the court in reaching its own judgment about the statute's meaning should give substantial weight to the agency's view. Repeated again and again over the years in varying formulations, this proposition found its apotheosis in Skidmore v. Swift & Co., a unanimous opinion authored by Justice Jackson in 1944. His opinion took the proposition to be so obvious that no citation was required. Justice Jackson's typically incisive and memorable formulation stuck. It …

The Marrow Of Tradition: The Roberts Court And Categorial First Amendment Speech Exclusions, Gregory P. Magarian

Scholarship@WashULaw

INTRODUCTION The Roberts Court has made a lot of First Amendment law. Since Chief Justice John Roberts took the Supreme Court’s helm in 2006, the Court has issued decisions on the merits in about thirty-five free speech cases. With greater vigor than the late Rehnquist Court, the present Justices have waded into free speech controversies ranging from violent video games to commercial speech to campaign fi- nance regulation. In all those areas, the Court has handed import- ant victories to First Amendment claimants. Free speech advocates’ conventional (not to say universal) view of this Court is adoring. Renowned First Amendment …

Hobby Lobby In Constitutional Waters: Two Life Rings And An Anchor, Gregory P. Magarian

Scholarship@WashULaw

Hobby Lobby's challenge to the contraception coverage provision of the Patient Protection and Affordable Care Act is the first Supreme Court case to test an application of RFRA to a federal law. For an introductory case, Hobby Lobby pushes RFRA·s conceptual envelope. Never before, under any constitutional or statutory provision, has the Court exempted a private, for profit business from the obligation to obey a generally applicable law. Most successful religious accommodation claims, whether constitutional or tatutory, have involved individual religious believers or groups of similarly situated believers. Religious institutions have occasionally but less frequently brought successful accommodation claims. Whatever …

The Undue Hardship Thicket: On Access To Justice, Procedural Noncompliance, And Pollutive Litigation In Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

This Article offers new insights into understanding the complexities and costs of the litigation burden that Congress has imposed on debtors who seek a fresh start in bankruptcy. In order to explore the problems inherent in a system that necessitates litigation as the path for obtaining certain types of bankruptcy relief, this Article focuses on the particular example of debtors who seek to discharge their student loans in bankruptcy. Such debt may be discharged only if the debtor can establish through a full-blown lawsuit that repaying the loans would impose an undue hardship. The procedure and burdens of proof governing …

Faculty Publications 2013, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 806 publications.

Environmental And Genetic Risk Factors For Bronchopulmonary Dysplasia In Neonates, Jessica Berger

Yale Medicine Thesis Digital Library

We hypothesized that early intubation would decrease the hazard of BPD and BPD/death in premature infants regardless of need for reintubation. Specific aims included assessing rates of BPD and BPD/death in infants first extubated between day of life (DOL)1-3 versus 4-7, 8+ and impact of re-intubation. We included infants with gestational age ≤28weeks, birth weight ≤1000g, and intubation on DOL1. Proportional hazards regression modeled time to BPD and BPD/death, adjusting for potential confounders. Of 262 infants, 101 (38.55%), 41 (15.65%) and 120 (45.80%) were extubated between DOL1-3, 4-7, and 8+, respectively. Extubation between DOL4-7 versus DOL1-3 was associated with an …

Predictors Of Emergency Department Use In Urban, Low-Resource Neighborhoods: Opportunities For Prevention, Iris Chandler

Yale Medicine Thesis Digital Library

To identify health behaviors that may be amenable to brief screening and intervention among children in the Emergency Department, we compared the prevalence of Emergency Department use among middle school children who report health behaviors known to contribute to childhood obesity versus their peers who did not. Participants included 1590 5th, 7th, and 8th grade students who completed health surveys in 2011. Multivariate logistic regression was used to examine the association between health behaviors and Emergency Department use. Children who reported unhealthy dietary behaviors were more likely to use the Emergency Department. In particular, those who reported consumption of energy-dense …

Modulation Of Immunity By The Immunologic Zipper: The Role Of Glucocorticoid-Induced Leucine Zipper In Extracoporeal Photochemotherapy, Hao Feng

Yale Medicine Thesis Digital Library

Extracorporeal photochemotherapy (ECP) is a cellular therapy that is FDA approved for the treatment of a variety of T cell mediated diseases, including cutaneous T cell lymphoma, graft-versus-host disease, and solid organ transplantation rejection. Its ability to selectively suppress and stimulate immunity while causing minimal to no side effects in patients distinguishes it from other therapies including pharmacologic agents. Despite the clinical success of ECP, the exact mechanism by which ECP generates immunotolerance and immunogenicity in patients has been elusive. Since monocytes interact with platelets and serum proteins in the ECP chamber to undergo differentiation into dendritic cells (DCs), we …

Langerhans Cell Contributions To Ultraviolet Light-Induced Cutaneous Carcinogenesis, Marianna Freudzon

Yale Medicine Thesis Digital Library

Epidermal dendritic cells, called Langerhans cells (LC), were recently shown to facilitate DMBA/TPA-induced chemical carcinogenesis. LC contribution to UV-induced carcinogenesis, however, remains to be elucidated. We used the Langerin-DTA transgenic mouse model that lacks LC to characterize early and late effects of DNA damage in epidermis following exposure to UVB light. We found that LC density in LC-intact mice remains unchanged at 1hr and 24hr post 100 J/m2 UVB, suggesting that LC are poised to affect the surrounding epidermal cells following acute low-dose UVB exposure. During this time interval, LC-deficient mice had significantly fewer γH2Ax-positive cells within the epidermis, indicative …

Predictors And Potential Mechanisms Of Improvement
 In Asthma Control In Children Following Adenotonsillectomy, Maria Koenigs

Yale Medicine Thesis Digital Library

Recent small observational studies suggest that asthmatic children receive clinical benefit in asthma control following adenotonsillectomy (TA), but little is known about which clinical and biological characteristics impact improvement. We enrolled 213 children undergoing TA, including 136 children with asthma and 78 controls, in a longitudinal observational cohort study (YCAAD). An asthma questionnaire, Asthma Control Test (ACT) scores, and serum asthma biomarkers levels were obtained at baseline and at six-months. Interim analysis compared patient characteristics to a historical cohort (CT-Kids) of 49 children with asthma who underwent TA. Urgent care visits (P < 0.001), oral steroid courses (P < 0.001), and ACT scores (P < 0.001) all improved in children with asthma following TA. Serum Th2 inflammatory markers, including IL-4 (P = 0.022) and IL-5 (P = 0.002), decreased following TA. Decreased IL-5 levels following surgery correlated with improvement in urgent care visits (P = 0.021), decreases in oral steroids (P = 0.02), and overall improvement in asthma control (P = 0.008). Children who were low or healthy weight, younger, female, had a history of sinusitis, and/or had a history of persistent asthma were more likely have improvement in their asthma following surgery. Elevations of serum IL-2, IL-4, IL-5, IL-13, IFN-γ, TNF-α, and GM-CSF levels were found in children whose asthma improved after TA. These clinical characteristics and biomarkers may help predict which children will receive maximum benefit in asthma control following TA.

Regional Density Of Cardiologists And Mortality For Acute Myocardial Infarction And Heart Failure, Vivek Kulkarni

Yale Medicine Thesis Digital Library

REGIONAL DENSITY OF CARDIOLOGISTS AND MORTALITY FOR ACUTE MYOCARDIAL INFARCTION AND HEART FAILURE

Vivek T. Kulkarni, Joseph S. Ross, Yongfei Wang, Brahmajee K. Nallamothu, John A. Spertus, Sharon-Lise T. Normand, Frederick A. Masoudi, and Harlan M. Krumholz. Section of Cardiology, Department of Internal Medicine, Yale School of Medicine, New Haven, CT.

Cardiologists are distributed unevenly across regions of the United States. It is unknown whether patients in regions with fewer cardiologists have worse outcomes after hospitalization for acute myocardial infarction (AMI) or heart failure than patients in regions with more cardiologists. We hypothesized that patients hospitalized for AMI or heart …