Digital Commons Network^™

Contract Law's Inefficiency, David M. Driesen

College of Law - Faculty Scholarship

Neoclassical economic theory seems to aptly characterize contract law’s essence. Contracts enable two parties to reach a mutually beneficial agreement, thereby facilitating economically efficient transactions. It would seem to follow that the achievement of economic efficiency serves as contract law’s major goal. This article, however, examines an alternative hypothesis, that contract law is about enforcing inefficient bargains in order to provide enough security to facilitate cooperation among economic actors over long periods of time. On this account, contract law manages change over time, rather than achieves static efficiency. While recognizing that parties execute contracts in order to realize an efficient …

Short Of The Goal: New York's Legislation To Compel Hiv Testing From Accused Sex Offenders, Joseph E. Fahey

College of Law - Faculty Scholarship

"Short of the Goal: New York's Legislation to Compel HIV Testing from Accused Sex Offenders" examines New York's newly enacted legislation allowing for such court ordered testing upon the filing of charges and prior to conviction.Although this legislation was designed to augment and improve the existing legislation which allows it only post-conviction, it contains significant flaws which leave it short of its intended result. This article examines the legislation and its flaws.

Slaves In The Family: Testamentary Freedom And Interracial Deviance, Kevin Noble Maillard

College of Law - Faculty Scholarship

This Article addresses the deviance of interracial sexuality acknowledged in testamentary documents. The language of wills calls into question the authority of probate and family law by forcing issues of deviance into the public realm. Will dramas, settled in or out of court, publicly unearth insecurities about family. Many objections to the stated intent of the testator generate from social prejudices toward certain kinds of interpersonal relationships: nonmarital, homosexual, and/or interracial. When pitted against an issue of a moral or social transgression, testamentary intent often fails. In order for these attacks on testamentary validity to succeed, they must be situated …

The Unintended Consequences Of Stanford V. Roche, Ted Hagelin

College of Law - Faculty Scholarship

This article analyzes the recent Supreme Court decision in Stanford v. Roche and concludes that the Court was correct in holding that the Bayh-Dole Act did not change the basic patent law norm that inventors hold initial title to their inventions; but, and more importantly, that the Court was wrong in finding for Roche because there cannot be an assignment of legal title to an invention until the invention is made, a patent application is filed or a patent is issued, and the inventor executes a written patent assignment that identifies the patent application number or patent number associated with …

Rethinking Children As Property, Kevin Noble Maillard

College of Law - Faculty Scholarship

Despite the collective view in law and social practice that it is intrinsically taboo to consider human beings as chattel, the law persists in treating children as property. Applying principles of property, this Article examines paternity disputes to explain and critique the law’s view of children as property of their parents. As evidenced in these conflicts, I demonstrate that legal paternity exposes a rhetoric of ownership, possession, and exchange. The law presumes that a child born to a married woman is fathered by her husband, even when irrefutable proof exists that another man fathered the child. Attempts by the non-marital …

The Color Of Testamentary Freedom, Kevin Noble Maillard

College of Law - Faculty Scholarship

Wills that prioritize the interests of nontraditional families over collateral heirs test courts’ dedication to observing the posthumous wishes of testators. Collateral heirs who object to will provisions that redraw the contours of “family” are likely to profit from the incompatibility of testamentary freedom and social deviance. Thus, the interests of married, white adults may claim priority over nonwhite, unmarried others. Wills that acknowledge the existence of moral or social transgressions—namely, interracial sex and reproduction—incite will contests by collateral heirs who leverage their status as white and legitimate in order to defeat testamentary intent. This Article turns to antebellum and …

Platelets Induce Apoptosis During Sepsis In A Contact-Dependent Manner That Is Inhibited By Gpiib/Iiia Blockade, Matthew Sharron, Claire E. Hoptay, Andrew A. Wiles, Lindsay M. Garvin, Mayya Geha, Angela S. Benton, Kanneboyina Nagaraju, Robert J. Freishtat

Genomics and Precision Medicine Faculty Publications

Purpose

End-organ apoptosis is well-described in progressive sepsis and Multiple Organ Dysfunction Syndrome (MODS), especially where platelets accumulate (e.g. spleen and lung). We previously reported an acute sepsis-induced cytotoxic platelet phenotype expressing serine protease granzyme B. We now aim to define the site(s) of and mechanism(s) by which platelet granzyme B induces end-organ apoptosis in sepsis.

Methods

End-organ apoptosis in murine sepsis (i.e. polymicrobial peritonitis) was analyzed by immunohistochemistry. Platelet cytotoxicity was measured by flow cytometry following 90 minute ex vivo co-incubation with healthy murine splenocytes. Sepsis progression was measured via validated preclinical murine sepsis score.

Measurements and Main Results …

Sabbath & Management, Theology & Application, Michael E. Cafferky

Faculty Works

Without detracting from the importance of setting aside one day of worship each week some scholars believe that the meaning of Sabbath contains broader principles. This paper presents a summary of Sabbath theology based on two biblical themes: Creation and Covenant. It provides support for why managers should consider applying Sabbath principles in their work. Part III shows some of the ways in which this might play out in managerial work.

Gsu View, 2012-07-26, Office Of Marketing And Communications

GSU View

Newsletter published by Governors State University 2007-current.

Murray, Joseph And Rosa, Joseph Murray, Rosa Murray

Video Collection

No abstract provided.

Santagati, Elizabeth, Elizabeth Santagati, Ishmael Lewis, Deborah Oden, Audra Kuby

Video Collection

No abstract provided.

Undergrad Actors - Two Macalester Juniors Star In A Minnesota Fringe Festival Production, Macalester College

College Press Releases

No abstract provided.

The Reality Of Eu-Conformity Review In France, Juscelino F. Colares

College of Law - Faculty Scholarship

French High Courts embraced review of national legislation for conformity with EU law in different stages and following distinct approaches to EU law supremacy. This article tests whether adherence to different views on EU law supremacy has resulted in different levels of EU directive enforcement by the French High Courts. After introducing the complex French systems of statutory, treaty and constitutional review, this study explains how EU-conformity review emerged among these systems and provides an empirical analysis refuting the anecdotal view that different EU supremacy theories produce substantial differences in conformity adjudication outcomes. These Courts' uniformly high rates of EU …

Thinking Like Non-Lawyers: Why Empathy Is A Core Lawyering Skill And Why Legal Education Should Change To Reflect Its Importance, Ian Gallacher

College of Law - Faculty Scholarship

This article is an exploration of some of the issues raised by the recent Carnegie Report on legal education, and contains a recommendation that law schools change the way they teach especially first year law students in order to make them more empathetically aware of the circumstances by which the court opinions they study arose and the effects those opinions will have on others. This recommendation is made not just because it will make students better people, but also because it will make them better lawyers; the article analyses in depth the dangers inherent in an overemphasis on the “logical” …

Discretionary Persistent Felony Offender Sentencing In New York: Can It Survive Apprendi ?, Joseph E. Fahey

College of Law - Faculty Scholarship

This article examines the Discretionary Persistent Felony Offender sentencing provision contained in New York Penal law section 70.10 and its vitality in the wake of Apprendi v. New Jersey. It examines the disparity in the controlling New York Court of Appeals cases and the holdings in Apprendi and its progeny. It also discusses ways in which the sentencing court can apply the sentnecing statute and avoid Apprendi pitfalls.

Throwing Away The Key: An Examination Of New York's Sex Offender Civil Commitment Law, Joseph E. Fahey

College of Law - Faculty Scholarship

This article examines New York's newly enacted sex offender civil commitment law entitled"Sex Offenders Requiring Civil Commitment or Supervision." It examines the statute in detail, commenting on its various statutory and constiutional defeciencies, as well as its potential impact on the New York State Unified Court System.

Eurozone Faces Many Of The Same Political And Economic Pressures Young U.S. Did, Louis D. Johnston

Economics Faculty Publications

No abstract provided.

2012 Uab Summer Research Expo, University Of Alabama At Birmingham

Expo Programs

Catalog of undergrauate student research poster presentations with abstracts.

Telford V. Nye Respondent's Brief Dckt. 39497

Idaho Supreme Court Records & Briefs, All

No abstract provided.

07/26/2012 Obituary Records, Hawaii Obituaries

Obituaries

List of Obituaries for individuals who passed away on 07/26/2012. Scroll down to see the names and obituary description.

Chapman, Virgil Munday, 1895-1951 (Sc 2560), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 2560. Letter, 17 July 1935, of U.S. Congressman Virgil Chapman to White House Executive Clerk Rudolph Forster, Washington DC, introducing Miss Fanny Summers Halley and party and asking for courtesies to be extended on a tour of the White House.

How Well Do You Know The Ada?, Center For Persons With Disabilities

Blog Posts

No abstract provided.

Access Copyright: What Does It Mean For Western? A Librarian’S Guide, Alan Kilpatrick

FIMS Presentations

Western was one of the first universities to sign an Access Copyright Agreement. Alan Kilpatrick, an MLIS Candidate, will present the details of this agreement and discuss how it affects libraries and librarians at Western. This is a great opportunity for students interested in academic librarianship and practising academic librarians to discuss the implications of this agreement.

Shift Work And Vascular Events: Systematic Review And Meta-Analysis., Manav V Vyas, Amit X Garg, Arthur V Iansavichus, John Costella, Allan Donner, Lars E Laugsand, Imre Janszky, Marko Mrkobrada, Grace Parraga, Daniel G Hackam

Medical Biophysics Publications

OBJECTIVE: To synthesise the association of shift work with major vascular events as reported in the literature.

DATA SOURCES: Systematic searches of major bibliographic databases, contact with experts in the field, and review of reference lists of primary articles, review papers, and guidelines.

STUDY SELECTION: Observational studies that reported risk ratios for vascular morbidity, vascular mortality, or all cause mortality in relation to shift work were included; control groups could be non-shift ("day") workers or the general population.

DATA EXTRACTION: Study quality was assessed with the Downs and Black scale for observational studies. The three primary outcomes were myocardial infarction, …

Murray Ledger And Times, July 26, 2012, Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Control Screening Llc V. Technological Application And

2012 Decisions

USDC for the District of New Jersey

An Investigation Of Medical Device Design And Physical Ergonomics In Healthcare, Adam E. De Laveaga

Department of Industrial and Management Systems Engineering: Dissertations, Theses, and Student Research

Human factors and process engineering are becoming a prominent area of research and application for industrial engineering principles as healthcare providers seek to improve patient safety, quality the optimization of resources. Human factors engineering and ergonomics play a crucial role in the pursuit of operational excellence and patient safety in healthcare. These disciplines contain the tools required to develop instrumentation, technology and training that can improve the usability of medical technology and the quality of care that patients receive. Designing tasks, tools and processes for optimal human use can enhance performance, reduce errors and improve safety. This thesis encompasses three …

Experimental Investigation Of Hard And Brittle Materials Machining Using Micro Rotary Ultrasonic Machining, Amey V. Patwardhan

Department of Industrial and Management Systems Engineering: Dissertations, Theses, and Student Research

The demand for miniaturized device and components is rapidly increasing in fields of aerospace, energy, optics, electronics and communication, automation and medical. Rotary Ultrasonic Machining (RUM) is capable of machining hard and brittle materials such as advanced ceramics, glass and silicon used in many industries. Rotary Ultrasonic Machining (RUM) is a hybrid machining process in which material is removed by conventional grinding and ultrasonic machining. Micro RUM is a downscaled version of a macro RUM and is similar to micro Ultrasonic Machining (micro USM), where the vibration takes place in work piece instead of tool.

The goal of this thesis …

Electric Energy In Bolivia, Instituto Boliviano De Comercio Exterior

Latin American Energy Dialogue, White Papers and Reports

This document contrasts energy production and consumption in Bolivia in 2011 up until July 2012. It also breaks down the energy generation capacity of various hydroelectric and thermoelectric plants in the country in 2011. Finally, it compares energy consumption in different regions in 2010 and 2011.

Cash-Strapped Femicide Law Takes Effect In Nicaragua, Benjamin Witte-Lebhar

NotiCen

No abstract provided.