Law Commons^™

Addressing Sexual Misconduct In Community Corrections_June 2-4, 2003, Brenda V. Smith

Presentations

No abstract provided.

Accumulation Of Tissue Factor Into Developing Thrombi In Vivo Is Dependent Upon Microparticle P-Selectin Glycoprotein Ligand 1 And Platelet P-Selectin, Shahrokh Falati, Qingde Liu, Peter Gross, Glenn Merrill-Skoloff, Janet Chou, Erik Vandendries, Alessandro Celi, Kevin Croce, Barbara C. Furie, Bruce Furie

Articles & Chapters

Using a laser-induced endothelial injury model, we examined thrombus formation in the microcirculation of wild-type and genetically altered mice by real-time in vivo microscopy to analyze this complex physiologic process in a system that includes the vessel wall, the presence of flowing blood, and the absence of anticoagulants. We observe P-selectin expression, tissue factor accumulation, and fibrin generation after platelet localization in the developing thrombus in arterioles of wild-type mice. However, mice lacking P-selectin glycoprotein ligand 1 (PSGL-1) or P-selectin, or wild-type mice infused with blocking P-selectin antibodies, developed platelet thrombi containing minimal tissue factor and fibrin. To explore the …

Legal Transitions, Rational Expectations, And Legal Progress, Kyle D. Logue

Law & Economics Working Papers Archive: 2003-2009

This paper was written for a symposium on legal transitions. The central question in the transitions literature is whether or to what extent the government should provide compensation for (or seek in some way to ameliorate) the losses of wealth occasioned by unexpected changes in the law or social policy. This Article argues that the prevailing normative framework for evaluating legal transitions - the consequentialist or economic framework - relies critically on two assumptions: the assumption that private parties (whose incentives are sought to be affected by the choice of transition norm) will behave with rational expectations and the assumption …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

The Bush Administration's Attack On The Environment; Target: Nepa's Environmental Impact Statement, Whitney Deacon

Journal of Environmental and Sustainability Law

No abstract provided.

Off-Road And Into Court: The Tenth Circuit Appropriately Allows Environmentalists' Challenges To The Bureau Of Land Management's Failure To Prevent Orv Impairment To Federal Lands. Southern Utah Wilderness Alliance V. Norton, Thomas Schmid

Journal of Environmental and Sustainability Law

No abstract provided.

Win The War But Lose The Battle: Is The Federal Government Liable For Waste Resulting From Private Production Of Contracted For Wwii-Era War Materials? U.S. V. Shell Oil Co., Allan Zugelter

Journal of Environmental and Sustainability Law

No abstract provided.

What Is The "Hard Look" That The Ninth Circuit Is Looking For When Reviewing United States Forest Service Actions Under Nepa? Native Ecosystems Council, Et Al. V. United States Forest Service, Et Al., Devin Kirby

Journal of Environmental and Sustainability Law

No abstract provided.

Unh Law Alumni Magazine, Summer 2003, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Is There A Need To Regulate Mussel Harvesting? The Ninth Circuit Declares No Pollution, No Problem! Association To Protect Hammersley, Eld, And Totten Inlets V. Taylor Resources, Inc., Bridget Romero

Journal of Environmental and Sustainability Law

No abstract provided.

The Role Of Non-Judicial Mechanisms In Protecting Individual Rights : The China And Hong Kong Experiences, Ren Yue

CAPS Working Paper Series

This study intends to examine, from a socio-legal perspective, the different ways of individual rights protection in the Chinese Mainland and Hong Kong. The common misperception is that as Hong Kong Special Administrative Region is allowed to maintain its legal system inherited from the British colonial times, its residents enjoy more and wider individual freedoms than their Mainland compatriots. However, a comparison of relevant individual rights provisions of both Chinese Constitution and Hong Kong Basic Law finds that there is virtually no significant difference between them. The true differences of individual rights protection lie in various non-judicial mechanisms rooted in …

Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Why Illinois Should Abandon Frye'S General Acceptance Standard For The Admission Of Novel Scientific Evidence, Andrew Stolfi

Chicago-Kent Law Review

This Note examines the standard for the admission of novel scientific evidence at trial in Illinois. After tracing the nationwide emergence, dominance, and current departure from Frye v. United State's general acceptance standard, the Note focuses on the inherent problems and ambiguities involved in Frye's application, and the problematic results that arise from using Frye. The future of Frye's use in Illinois is examined in light of the conflict between Frye and the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceutical, Inc. Stolfi concludes that Frye has outlived its usefulness in our high-speed, …

Liberalism And The Establishment Clause, Steven H. Shiffrin

Chicago-Kent Law Review

Every political theory tolerates some things and not others. Every political theory promotes a particular kind of person even if it denies it is doing so. But the best liberalism does not confine itself to promoting a Rawlsian-tolerant citizen. Liberalism, like conservatism, has greater ambitions in the socialization of the young. The best liberalism, a neo-Millian liberalism, promotes a creative, independent, autonomous, engaged citizen and human being who works with others to make for a better society and speaks out against unjust customs, habits, institutions, traditions, hierarchies, and authorities. Although government may promote a particular conception of the good life, …

The Qualities Of Mercy: Maximizing The Impact Of U.S. Refugee Resettlement, Daniel J. Steinbock

University of Michigan Journal of Law Reform

Resettlement in the US. bestows a life changing benefit on thousands of overseas refugees. Because American refugee acceptance can never reach more than a tiny fraction of the world's millions of persecuted or oppressed, however, allocating this bounty requires the US. to choose the lucky few from the worthy many. Since the creation in 1980 of a permanent program of refugee resettlement, three different, and often conflicting, purposes have contended for its trove of immigration-like admissions slots. These are the removal of people from danger or hardship, the furtherance of a cluster of foreign policy objectives, and the facilitation of …

Press Rights In Peril: The Department Of Justice Infringes Upon Press Liberties By Conducting "Special Interest" Removal Proceedings, Gabriel S. Oberfield

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Welfare Reform: Adolescent Girls In Transition: A One-Year Follow-Up Study, Roger A. Boothroyd, Mary I. Armstrong, Angela Gomez, Haynes Diane

Mental Health Law & Policy Faculty Publications

The report summarizes the findings from a one-year follow-up study examining the current well-being and predictors of future hopes and aspirations of adolescent girls living in families receiving TANF. This mixed-method study includes two phases. Phase 1 involved face-to-face interviews using various standardized measures with 125 mothers who were receiving TANF in 2002 and their daughters while Phase 2 included in-depth qualitative interviews with a random sample of 20 adolescent girls participating in Phase 1. One year re-interview rates were 92% for Phase 1 interviews and 90% for Phase 2 interviews.

Statewide Penetration And Standard Costs Of Psychotropic Medications, Mary R. Murrin

Mental Health Law & Policy Faculty Publications

This study will examine differences in pharmaceutical utilization rates relative to financial risk arrangements of differing insurance plans. During the last four years we have noted consistent differences in utilization of expensive, psychotropic medications between individuals enrolled in Health Maintenance Organizations (HMOs), which are at financial risk for the provision of pharmaceuticals, and the MediPass program in which the state bears the risk of pharmacy expenses. Persons in HMOs had lower levels of utilization.

Is The Merger Of Participant-Directed 401(K) Plans Subject To Erisa's Fiduciary Standards: An Analysis Of The Franklin V. First Union Litigation And Its Aftermath, Bryan L. Tyson

West Virginia Law Review

No abstract provided.

If Due Process Is A Big Tent, Why Do Some Feel Excluded From The Big Top, William S. Mattingly

West Virginia Law Review

No abstract provided.

Ideological Conflict And The First Amendment, Steven J. Heyman

Chicago-Kent Law Review

In the ongoing culture wars, no area is more controversial than freedom of expression. In the midst of this controversy, it is tempting to appeal to an ideal version of the First Amendment that stands above ideological conflict. As this Essay shows, however, the amendment has always been subject to competing interpretations that are rooted in differing political, social, and cultural views. It follows that the meaning of the First Amendment can never be wholly removed from ideological conflict. But such conflict should not be unbounded. Instead, a central task of constitutional jurisprudence is to develop a common language or …

Barnette'S Big Blunder, Steven D. Smith

Chicago-Kent Law Review

Among the most celebrated statements ever issued in a Supreme Court opinion is Justice Robert Jackson's resounding declaration in West Virginia State Board of Education v. Barnette that "[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." By using the preposition "or" rather than "and," Jackson asserted two constitutional prohibitions: government may not force citizens to confess an orthodoxy, but government may also not …

Establishment, Expressivism, And Federalism, Mark D. Rosen

Chicago-Kent Law Review

The Supreme Court has held that the Fourteenth Amendment makes the Establishment Clause applicable "with full force to the States." This Essay dubs this a "one-size-fits-all" approach and suggests that it may be desirable in the Establishment Clause context to "size" constitutional limitations to the level of government-federal, state, or local—that is acting. That is to say, it may be the case that states or localities should be permitted to regulate in ways that the federal government cannot, and vice versa. "Sizing" draws on underutilized flexibility that is inherent in our government's federal structure. The struggle concerning religion and the …

No Expressly Religious Orthodoxy: A Response To Steven D. Smith, Andrew Koppelman

Chicago-Kent Law Review

Steven Smith is correct: the Barnette principle as Justice Jackson states it is too sweeping to make sense. The principle has not done the mischief Smith attributes to it, however, because it has been subjected to some familiar qualifications that dispel his objections. Jackson's dictum applies only to religion, not to other possible objects of official orthodoxy. Even with respect to religion, it only prohibits action that explicitly endorses a religious view. This rule serves the purposes of the Establishment Clause well. In light of our deep disagreement about religious matters, and the obvious fact that religion can and does …

Constitution, Foreign Affairs And Presidential War-Making: A Response To Professor Powell, David Gray Adler

Georgia State University Law Review

No abstract provided.

I'Ll Tell You What Happened If You Promise Not To Sue Me-Will No-Fault Liability Improve Patient Safety Through Increased Reporting Of Medical Errors?, K. James Sangston

Georgia State University Law Review

No abstract provided.

Speaking Outdoors, L. H. Larue

Georgia State University Law Review

No abstract provided.

Bring Back The Draft?, Neal Devins

Georgia State University Law Review

No abstract provided.

Table Of Contents - Issue 2, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Law And Cultural Conflict, Robert Post

Chicago-Kent Law Review

The relationship between law and cultural conflict is a subject that is relevant to numerous contemporary disagreements about the substance of rights. The Article does not attempt to intervene into these disagreements, but instead to construct a common framework of analysis that might facilitate constructive dialogue among those who would otherwise disagree. The framework offers three dimensions in which the relationship of law to cultural conflict might be assessed.

The first dimension concerns the sociological relationship between law and culture. The simplest model of this relationship, which the Article calls the "Devlin model," assumes that law is the expression of …