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The Strange Persistence Of Affirmative Action Under Title Vii, Deborah Malamud Jan 2015

The Strange Persistence Of Affirmative Action Under Title Vii, Deborah Malamud

Faculty Articles

I argue in Part II that affirmative action was understood by the Court in Weber and Johnson to be remedial in nature: It was aimed at remedying an imbalance caused by race or gender discrimination in labor markets. I show in Part III that the diversity rationale that dominates corporate affirmative-action advocacy today does not appear to be remedial in this sense. Its benchmark is the global marketplace—not the local labor market. Part III closely examines opinions by Justice Sandra Day O’Connor (the author of Grutter v. Bollinger) and concludes that it is not safe to read Grutter as an …

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Accommodating Nonmarriage, Melissa Murray Jan 2015

Accommodating Nonmarriage, Melissa Murray

Faculty Articles

Regardless of why it occurred, the conflation of nonmarital relationships with marriages in Elane Photography and Masterpiece Cakeshop is meaningful. As I explain in this Symposium Article, the conflation of these relationships with marriages reflects the broader elision—and erasure—of nonmarriage in our law and culture. To this end, the marital discourse that pervades these cases makes clear that the debate over religious exemptions and same-sex marriage is not exclusively about religious liberty—to what extent can we balance our commitments to free exercise of religion and equal protection of the laws for all citizens? Instead, this issue also raises broader questions …

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Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler Jan 2015

Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler

Faculty Articles

The use of the pardon power is a necessary element in a fully functioning system of criminal law. Recent presidents, however, have largely ignored this powerful tool, even as many have sought to expand the power of the office in other ways. This Essay seeks both to describe the costs of this trend and to propose important structural reforms to reverse it. Specifically, we advocate for the creation of a clemency commission with a standing, diverse membership. While this commission should have representation from the DOJ and take the views of prosecutors seriously, the commission itself should exist outside the …

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Political Entrenchment And Public Law, Daryl J. Levinson, Benjamin I. Sachs Jan 2015

Political Entrenchment And Public Law, Daryl J. Levinson, Benjamin I. Sachs

Faculty Articles

Courts and legal scholars have long been concerned with the problem of "entrenchment" - the ways that incumbents insulate themselves and their favored policies from the normal processes of democratic change. But this wide swath of case law and scholarship has focused nearly exclusively on formal entrenchment: the legal rules governing elections, the processes for enacting and repealing legislation, and the methods of constitutional adoption and amendment. This Article demonstrates that political actors also entrench themselves and their policies through an array of functional alternatives. By enacting substantive policies that strengthen political allies or weaken political opponents, by shifting the …

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The Actavis Interference: Theory And Practice, Aaron Edlin, C. Scott Hemphill, Herbert Hovenkamp, Carl Shapiro Jan 2015

The Actavis Interference: Theory And Practice, Aaron Edlin, C. Scott Hemphill, Herbert Hovenkamp, Carl Shapiro

Faculty Articles

In FTC v. Actavis, Inc., the Supreme Court considered “reverse payment” settlements of patent infringement litigation. In such a settlement, a patentee pays the alleged infringer to settle, and the alleged infringer agrees not to enter the market for a period of time. The Court held that a reverse payment settlement violates antitrust law if the patentee is paying to avoid competition. The core insight of Actavis is the Actavis Inference: a large and otherwise unexplained payment, combined with delayed entry, supports a reasonable inference of harm to consumers from lessened competition. This paper is an effort to assist courts …

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A Defense Of Source Rules In International Taxation, Mitchell A. Kane Jan 2015

A Defense Of Source Rules In International Taxation, Mitchell A. Kane

Faculty Articles

The concept of "source" is central to the functioning of the current international tax system. To the extent the "source" ofincome is meant to reflect the spatial location of income; however, many academic commentators have come to regard the concept as completely incoherent. Further, that incoherence is viewed as a partial explanation of the perceived artificiality and frailties of current instantiations of source rules. In this Paper I make three basic claims. First, it is in fact coherent to conceive ofthe source concept in terms ofthe spatial location of income. Second, most of the problems with current instantiations of source …

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Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching Jan 2015

Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching

Journal Articles

This article argues that in creating the public safety exception to the Miranda requirements, the Supreme Court implicitly analogized to the criminal law doctrines of self-defense and defense of others. Thus, examining the justifications of self-defense and defense of others can be useful in determining the contours of the public safety exception and the related "rescue doctrine" exception. In particular, the battered woman syndrome -- which is recognized in a majority of the states and has been successfully invoked by defendants in some self-defense cases -- could provide a conceptual analogue for arguments about whether law enforcement officers were faced …

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Youth Matters: The Need To Treat Children Like Children, Vincent M. Southerland Jan 2015

Youth Matters: The Need To Treat Children Like Children, Vincent M. Southerland

Faculty Articles

In 2012, the United States Supreme Court's decisions in Miller v. Alabama and Jackson v. Hobbs marked a sea change in the sentencing of children convicted of serious offenses. Miller ended mandatory life without parole sentences for youth who committed crimes when they were under the age of 18. The Court looked to the fundamental distinction between youth and adults to impose a categorical bar on mandatory life without parole sentences for adolescents. This article surveys the state of juvenile sentencing two decades before Miller emerged. In the early 1990s, racial stereotypes about the perceived typical juvenile criminal transformed the …

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Taxing Compensatory Stock Rights Transferred In Divorce, Gregg Polsky, Kathleen Delaney Thomas Jan 2015

Taxing Compensatory Stock Rights Transferred In Divorce, Gregg Polsky, Kathleen Delaney Thomas

Faculty Articles

Stock-based compensation has become increasingly prevalent in recent years. As a result, many high net worth divorces now result in the transfer of compensatory stock rights from the employee spouse to the nonemployee spouse as part of the marital settlement. Despite this growing trend, the tax consequences of these transfers have not yet been explored fully. This Article endeavors to fill this void and explain both the planning opportunities and potential pitfalls in transferring compensatory stock rights in divorce. These transfers can shift ordinary income from a high-bracket spouse to a lower-bracket spouse, creating a tax surplus that enlarges the …

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Essays On The Effects Of Disability Insurance, Manasi Deshpande Jan 2015

Essays On The Effects Of Disability Insurance, Manasi Deshpande

Dissertation Awards

Dr. Deshpande studies the effects of disability insurance receipt on the long-term outcomes of children and their families. She uses data from the Social Security Administration on children enrolled in the Supplemental Security Income (SSI) program and their family members. In Chapter 1, she estimates the long-term effects of removing low-income youth with disabilities from SSI on the level and variance of their earnings and income in adulthood. Using a regression discontinuity design based on a change in the likelihood of removal at age 18, she finds that SSI youth who are removed earn on average $4,000 per year in …

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Essays In The Economics Of Crime And Discrimination, Michael George Mueller-Smith Jan 2015

Essays In The Economics Of Crime And Discrimination, Michael George Mueller-Smith

Dissertation Awards

This dissertation studies marginalized populations in the United States and Western countries, with a broad focus on how legal and social institutions affect individual economic outcomes and wellbeing. The first chapter examines the impacts of incarceration on criminal defendants in Houston, Texas, documenting patterns of worsening criminality, diminished earnings and social detachment after exposure to the prison system. The second chapter develops a framework to consider the interplay between discrimination and concealment of minority status in the context of sexual orientation and shows empirical evidence from the United States on the large magnitudes of concealment costs. The third chapter considers …

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Disproportionate Contact: Youth Of Color In Maine's Juvenile Justice System, Robyn Dumont, Erica King Msw, George Shaler Mph Jan 2015

Disproportionate Contact: Youth Of Color In Maine's Juvenile Justice System, Robyn Dumont, Erica King Msw, George Shaler Mph

Justice Policy

Research staff at the USM Muskie School work in partnership with Maine’s Juvenile Justice Advisory Group (JJAG) in support of the goal of producing information to enhance Maine’s understanding of disproportionate minority contact (DMC) in the state. This research documents the rate of disproportionate minority contact (DMC) for youth involved in Maine’s juvenile justice system, differences in pathways to detention for youth of color, and the experiences of youth and families of color who have had contact with Maine’s juvenile justice system. It uses a relative rate index (RRI) to demonstrate how youth of color are treated in comparison to …

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Table Of Contents Jan 2015

Table Of Contents

Maryland Journal of International Law

No abstract provided.

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How Informed Is Sovereign Consent To Investor-State Arbitration?, David N. Cinotti Jan 2015

How Informed Is Sovereign Consent To Investor-State Arbitration?, David N. Cinotti

Maryland Journal of International Law

No abstract provided.

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Trans People And Legal Recognition: What The U.S. Federal Government Can Learn From Foreign Nations, Amy Rappole Jan 2015

Trans People And Legal Recognition: What The U.S. Federal Government Can Learn From Foreign Nations, Amy Rappole

Maryland Journal of International Law

No abstract provided.

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Jimmy Hoffa: Alive, Well And Living In Australia: The Kennedy Legacy And Australian Labor Law Reform, Louise Floyd, Michael Evan Gold Jan 2015

Jimmy Hoffa: Alive, Well And Living In Australia: The Kennedy Legacy And Australian Labor Law Reform, Louise Floyd, Michael Evan Gold

The International Lawyer

No abstract provided.

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International Investment And Development, Uche Ewelukwa, Qingqing Miao, Irina Feofanova, Amala Nath, Melissa Boudreau, Anne Marie Carson Jan 2015

International Investment And Development, Uche Ewelukwa, Qingqing Miao, Irina Feofanova, Amala Nath, Melissa Boudreau, Anne Marie Carson

The International Lawyer

No abstract provided.

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International Secured Transactions And Insolvency, Arnold S. Rosenberg, David L. Barrack, Fernando Ballesteros Cameroni, Judith Elkin, Trevor Hoffman, Melanie M. Kotler, Kevin P. Ray, Richard T. Walsh Jan 2015

International Secured Transactions And Insolvency, Arnold S. Rosenberg, David L. Barrack, Fernando Ballesteros Cameroni, Judith Elkin, Trevor Hoffman, Melanie M. Kotler, Kevin P. Ray, Richard T. Walsh

The International Lawyer

No abstract provided.

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Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu Jan 2015

Customs Law, Jennifer Diaz, Brandi B. Frederick, Shannon Fura, Yankun Guo, Jamie Joiner, Greg Kanargelidis, Daniel L. Kiselbach, Ryan Mcclure, Bethany Nelson, Rebecca A. Rodriguez, David Salkeld, Trice Stabler, Cyndee Todgham-Cherniak, Nghia "Neo" T. Tran, George Tuttle Iii, Luis Valdez Jimenez, Vicky Wu

The International Lawyer

This article summarizes important developments in 2014 in customs law, including U.S. judicial decisions, trade, legislative, administrative, and executive developments, as well as Canadian and European legal developments.

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International Human Rights, Cleveland Iii Ferguson, Lawrence G. Albrecht, Jennifer L. Boger, Ryan Mcclure, Margaret Spicer, Leann Dana Stanick Jan 2015

International Human Rights, Cleveland Iii Ferguson, Lawrence G. Albrecht, Jennifer L. Boger, Ryan Mcclure, Margaret Spicer, Leann Dana Stanick

The International Lawyer

No abstract provided.

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Mexico, T. Matthew Hansen, Eduardo Isaias Riviera Rodriguez, Alonso Gonzalez-Villalobos, Paulina Aguilar Cervantes, Michell Nader, Jose Sifuentes, Garardo Calderon-Villegas, Isaac Shefer, Stefano De Luca, Maria Cadelaria Pelayo Torres, Evangelina Flores Preciado, Alicia Vicente Rodriguez, Maria Erika Cardenas Briseno, Juan Pablo Venegas Contreras Jan 2015

Mexico, T. Matthew Hansen, Eduardo Isaias Riviera Rodriguez, Alonso Gonzalez-Villalobos, Paulina Aguilar Cervantes, Michell Nader, Jose Sifuentes, Garardo Calderon-Villegas, Isaac Shefer, Stefano De Luca, Maria Cadelaria Pelayo Torres, Evangelina Flores Preciado, Alicia Vicente Rodriguez, Maria Erika Cardenas Briseno, Juan Pablo Venegas Contreras

The International Lawyer

No abstract provided.

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Criminal Procedure - More Protection For Digital Information: The Supreme Court Holds Warrantless Cell Phone Searches Do Not Fall Under The Search Incident To Arrest Excpetion; Riley V. California, James B. Peters Jan 2015

Criminal Procedure - More Protection For Digital Information: The Supreme Court Holds Warrantless Cell Phone Searches Do Not Fall Under The Search Incident To Arrest Excpetion; Riley V. California, James B. Peters

Wyoming Law Review

No abstract provided.

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Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson Jan 2015

Introduction To Big Horn General Stream Adjudication Symposium, Charles Wilkinson

Wyoming Law Review

No abstract provided.

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Volume 33 - Full Volume, Nfa Journal Jan 2015

Volume 33 - Full Volume, Nfa Journal

National Forensic Journal

No abstract provided.

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Parent Engagement During Home Visits In Early Head Start And Head Start: Useful Strategies For Practitioners, Lisa Knoche, Christine Marvin, Susan M. Sheridan Jan 2015

Parent Engagement During Home Visits In Early Head Start And Head Start: Useful Strategies For Practitioners, Lisa Knoche, Christine Marvin, Susan M. Sheridan

Nebraska Center for Research on Children, Youth, Families, and Schools: Faculty Publications

This study explores strategies used by early childhood professionals (ECPs) involved in a school readiness intervention to support parent engagement in young children’s learning. In this study, we used video recordings to understand the ECP-parent interactions during Early Head Start and Head Start home visits. We coded the videos for the number of parent engagement strategies that were used by ECPs as well as the quality of parent engagement during visits, including the amount of parent-child interaction that took place during the visits. Findings have implications for the implementation of the Head Start Parent, Family and Community Engagement (PFCE) Framework, …

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Neural Circuit Dependence Of Acute And Subacute Nociception In C. Elegans, Yifan Xu Jan 2015

Neural Circuit Dependence Of Acute And Subacute Nociception In C. Elegans, Yifan Xu

Student Theses and Dissertations

Nociception, the detection and avoidance of harmful cues, is a crucial system in all organisms. Animals use nociceptive systems to escape from substances that decrease survival, and can also modulate the threshold for avoidance behaviors to weigh the attractive features of an environment against its harmful features. To allow regulation, the nociception system of mammals incorporates multiple feedback and feedforward loops in its central and peripheral pathways. The nociception system of the roundworm Caenorhabditis elegans shares many features of the mammalian circuit. Both neural circuits feature a direct path from sensory neurons to motor neurons that is connected by a …

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Development Of Novel Chemical Biology Tools For Probing Structure-Function Relationships In G Protein-Coupled Receptors, Tian He Jan 2015

Development Of Novel Chemical Biology Tools For Probing Structure-Function Relationships In G Protein-Coupled Receptors, Tian He

Student Theses and Dissertations

G protein-coupled receptors (GPCRs) constitute a large family of transmembrane receptors that transduce extracellular signals into intracellular biochemical responses. Understanding with chemical precision how GPCRs function in cellular membranes is an active area of biological research, but despite recent reports of X-ray crystal structures of several GPCRs, some important questions remain unresolved. For example, the kinetics and thermodynamics of ligand-receptor interactions that lead to receptor activation and how allosteric modulators affect receptor signaling need to be addressed. In addition to basic understanding of transmembrane signaling, studies of GPCRs can provide insights that might advance drug discovery since a large proportion …

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Metagenomics-Based Tryptophan Dimer Natural Product Discovery And Development Pipeline, Fang-Yuan Chang Jan 2015

Metagenomics-Based Tryptophan Dimer Natural Product Discovery And Development Pipeline, Fang-Yuan Chang

Student Theses and Dissertations

Most microbial natural product discovery programs rely on the growth of bacteria in the laboratory, yet it is now well established that the vast majority of bacteria in the environment have not been cultured, particularly from the diverse soil microbiota. By extracting DNA directly from soil samples to construct large archived environmental DNA (eDNA) libraries, thousands of genomes from both cultured and as yet uncultured bacteria can be simultaneously screened for gene clusters encoding natural products of interest. Several natural products with pharmaceutically relevant biological activity arise from the dimerization of tryptophans, such as staurosporine, rebeccamycin, and violacein. To discover …

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Investigating Mechanisms Of Telomere End-Protection, Shaheen Kabir Jan 2015

Investigating Mechanisms Of Telomere End-Protection, Shaheen Kabir

Student Theses and Dissertations

Shelterin is an essential telomeric protein complex that prevents DNA damage signaling and DNA repair in a compartmentalized manner. We assessed contributions of the conserved shelterin component, Rap1, to telomere endprotection. Rap1 was first discovered in budding yeast as a transcription factor and was later shown to bind directly to telomeres. Two important functions of Rap1 in yeast are: the negative regulation of telomere length, and the inhibition of the double-strand break (DSB) repair pathway non homologous end-joining (NHEJ). Mammalian Rap1 interacts with shelterin factor TRF2, to localize to telomeres, and human Rap1 is implicated in repressing NHEJ. Surprisingly, removal …

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Mechanisms Of Olfactory Plasticity In Caenorhabditis Elegans, Christine Cho Jan 2015

Mechanisms Of Olfactory Plasticity In Caenorhabditis Elegans, Christine Cho

Student Theses and Dissertations

Animals live in constantly changing environments with fluctuating resource availability and hazardous threats. By gathering information from past experiences, individuals modify their behavioral response to adapt to the changing environment, a phenomenon known as "experience-dependent plasticity". This ability to change is a crucial for survival, and how an organism achieves this adaptive plasticity is a question of much interest. Research in the field has yielded insight into how changes in connectivity within the brain can drive changes in behavior. Understanding the neural mechanisms of plasticity not only satisfies intellectual curiosity, but also provides a basis for understanding pathological conditions that …

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