bluuebunny/crossref_metadata_2025 huggingface dataset:
CT scan diagnosis of hepatic adenoma in a case of von Gierke disease
Authors: Daga Bipin Valchandji , Shah Vaibhav R , More Rahul B
Published: April 2012

Hepatic adenoma is a well-defined, benign, solitary tumor of the liver. In individuals with glycogen storage disease I, adenoma tends to occur at a relatively younger age and can be multiple (adenomatosis). Imaging plays a pivotal role in diagnosing hepatic adenoma and in differentiating adenoma from other focal hepatic lesions. Especially in patients with von Gierke disease, in addition to the associated hepatomegaly caused by steatohepatitis and the diffusely reduced attenuation of the liver parenchyma seen on CT, there may be more than one hepatic adenoma in up to 40% of patients. Malignant degeneration of hepatic adenoma into hepatocellular carcinoma can occur and hence imaging is important for prompt diagnosis of adenoma and its complications. In this case report, we present a case of liver adenoma diagnosed by CT scan in a patient with von Gierke disease.
Multifocal intracranial astrocytoma in a pediatric patient with Ollier disease
Authors: Bathla Girish , Gupta Sarika , Ong Cheng
Published: April 2012

Ollier disease (OD) is a subtype of enchondromatosis. Historically, it has been distinguished from Maffucci syndrome (MS) by the presence of vascular malformations and nonskeletal neoplasms (NSN) in the latter. However, there is an increasing number of reports of NSN in OD, and this categorization is now being questioned. We report a case of OD complicated by multifocal astrocytoma in a young patient, once again pointing to a possible association between OD and NSN. We also review the available literature and examine the similarities between the reported cases.
Variability of black carbon deposition to the East Antarctic Plateau, 1800–2000 AD
Authors: Bisiaux M. M. , Edwards R. , McConnell J. R. , Albert M. R. , Anschütz H. , Neumann T. A. , Isaksson E. , Penner J. E.
Published: April 2012

Abstract. Refractory black carbon aerosols (rBC) from biomass burning and fossil fuel combustion are deposited to the Antarctic ice sheet and preserve a history of emissions and long-range transport from low- and mid-latitudes. Antarctic ice core rBC records may thus provide information with respect to past combustion aerosol emissions and atmospheric circulation. Here, we present six East Antarctic ice core records of rBC concentrations and fluxes covering the last two centuries with approximately annual resolution (cal. yr. 1800 to 2000). The ice cores were drilled in disparate regions of the high East Antarctic ice sheet, at different elevations and net snow accumulation rates. Annual rBC concentrations were log-normally distributed and geometric means of annual concentrations ranged from 0.10 to 0.18 μg kg−1. Average rBC fluxes were determined over the time periods 1800 to 2000 and 1963 to 2000 and ranged from 3.4 to 15.5 μg m−2 a−1 and 3.6 to 21.8 μg m−2 a−1, respectively. Geometric mean concentrations spanning 1800 to 2000 increased linearly with elevation at a rate of 0.025 μg kg−1/500 m. Spectral analysis of the records revealed significant decadal-scale variability, which at several sites was comparable to decadal ENSO variability.
A Cavity-Enhanced Differential Optical Absorption Spectroscopy instrument for measurement of BrO, HCHO, HONO and O3
Authors: Hoch D. J. , Buxmann J. , Sihler H. , Pöhler D. , Zetzsch C. , Platt U.
Published: April 2012

Abstract. The chemistry of the troposphere and specifically the global tropospheric ozone budget is affected by reactive halogen compounds like BrO or ClO. Bromine monoxide (BrO) plays an important role in the processes of ozone destruction, disturbance of NOx and HOx chemistry, oxidation of DMS, and the deposition of elementary mercury. In the troposphere BrO has been detected in polar regions, at salt lakes, in volcanic plumes, and in the marine boundary layer. For a better understanding of these processes instruments with high spatial resolution and high sensitivity are necessary. A Cavity Enhanced Differential Optical Absorption Spectroscopy (CE-DOAS) instrument was designed and applied. For the first time, such an instrument uses an UV-LED in the UV-wavelength range (325–365 nm) to identify BrO. In laboratory studies at the Atmospheric Chemistry Research Laboratory, University of Bayreuth, Germany, BrO, as well as HONO, HCHO, O3, and O4, could be reliable determined at detection limits (for five minutes integration time) of 20 ppt for BrO, 9.1 ppb for HCHO, 970 ppt for HONO, and 91 ppb for O3, respectively. The best detection limits for BrO (11 ppt), HCHO (5.1 ppb), HONO (490 ppt), and O3 (59 ppb) were achieved for integration times of 81 min or less.
Comparison of Large Eddy Simulations of a convective boundary layer with wind LIDAR measurements
Authors: Pedersen J. G. , Kelly M. , Gryning S.-E. , Floors R. , Batchvarova E. , Peña A.
Published: April 2012

Abstract. Vertical profiles of the horizontal wind speed and of the standard deviation of vertical wind speed from Large Eddy Simulations of a convective atmospheric boundary layer are compared to wind LIDAR measurements up to 1400 m. Fair agreement regarding both types of profiles is observed only when the simulated flow is driven by a both time- and height-dependent geostrophic wind and a time-dependent surface heat flux. This underlines the importance of mesoscale effects when the flow above the atmospheric surface layer is simulated with a computational fluid dynamics model.
Has the frequency or intensity of hot weather events changed in Poland since 1950?
Authors: Wibig J.
Published: April 2012

Abstract. Various indices of hot weather frequency and intensity were analysed in the area of Poland in the period between 1951 and 2006. An increase of majority of them was shown in the whole year and all summer months but September, when significant decrease in all indices was apparent. The correlation of selected hot weather indices and precipitation totals in a month of hot weather event and the preceding months were also calculated to check if prolonged dry weather can constitute a forcing factor for hot event creation. Because significant correlations appear mainly in the cases when precipitation is for the same month as the hot weather index, it seems that in Poland the presence of high pressure systems is a more important factor of hot event creation than dry weather.
Efficient modeling of sun/shade canopy radiation dynamics explicitly accounting for scattering
Authors: Bodin P. , Franklin O.
Published: April 2012

Abstract. The separation of global radiation (Rg) into its direct (Rb) and diffuse constituents (Rg) is important when modeling plant photosynthesis because a high Rd:Rg ratio has been shown to enhance Gross Primary Production (GPP). To include this effect in vegetation models, the plant canopy must be separated into sunlit and shaded leaves. However, because such models are often too intractable and computationally expensive for theoretical or large scale studies, simpler sun-shade approaches are often preferred. A widely used and computationally efficient sun-shade model was developed by Goudriaan (1977) (GOU). However, compared to more complex models, this model's realism is limited by its lack of explicit treatment of radiation scattering. Here we present a new model based on the GOU model, but which in contrast explicitly simulates radiation scattering by sunlit leaves and the absorption of this radiation by the canopy layers above and below (2-stream approach). Compared to the GOU model our model predicts significantly different profiles of scattered radiation that are in better agreement with measured profiles of downwelling diffuse radiation. With respect to these data our model's performance is equal to a more complex and much slower iterative radiation model while maintaining the simplicity and computational efficiency of the GOU model.
Surveying rip current survivors: preliminary insights into the experiences of being caught in rip currents
Authors: Drozdzewski D. , Shaw W. , Dominey-Howes D. , Brander R. , Walton T. , Gero A. , Sherker S. , Goff J. , Edwick B.
Published: April 2012

Abstract. This paper begins a process of addressing a significant gap in knowledge about people's responses to being caught in rip currents. While rip currents are the primary hazard facing recreational ocean swimmers in Australia, debate exists about the best advice to give swimmers caught in rip currents. Such surf rescue advice – on what to do and how to respond when caught in a rip – relies on empirical evidence. However, at present, knowledge about swimmers reactions and responses to rip currents is limited. This gap is a considerable barrier to providing effective advice to beach goers and to understanding how this advice is utilised (or not) when actually caught in the rip current. This paper reports the findings of a pilot study that focussed on garnering a better understanding of swimmers' experiences when caught in rip currents. A large scale questionnaire survey instrument generated data about rip current survivors' demographics, knowledge of beach safety and their reactions and responses when caught in a rip current. A mix of online and paper surveys produced a total of 671 completed surveys. Respondents were predominantly an informed group in terms of rip current knowledge, beach experience and had a high self-rated swimming ability. Preliminary insights from the survey show that most respondents recalled a "swim across the rip/parallel to the beach" message when caught in the rip and most escaped unassisted by acting on this message. However, while nearly a quarter of respondents recalled a message of "not to panic", short answer responses revealed that the onset of panic inhibited some respondents from recalling or enacting any other type of beach safety message when caught in the rip current. Results also showed that despite the research sample being younger, competent and frequent ocean swimmers, they were more likely to swim at unpatrolled beaches and outside of the red and yellow safety flags. Moreover, they were still caught in a rip current and they panicked. The findings of this study have significant implications for a range of demographic groups of differing beach safety knowledge and swimming ability who may be caught in rip currents behave, we know very little about how beach goers may respond to being caught in them.
Long-term contributions of Baffin and Bylot Island Glaciers to sea level rise: an integrated approach using airborne and satellite laser altimetry, stereoscopic imagery and satellite gravimetry
Authors: Gardner A. S. , Moholdt G. , Arendt A. , Wouters B.
Published: April 2012

Abstract. Canadian Arctic glaciers have recently contributed large volumes of meltwater to the world's oceans. To place recently observed glacier wastage into a historical perspective and to determine the region's longer-term (~50 years) contribution to sea level, we estimate mass and volume changes for the glaciers of Baffin and Bylot Islands using Digital Elevation Models generated from airborne and satellite stereoscopic imagery and elevation postings from repeat airborne and satellite laser altimetry. In addition, we update existing glacier mass change records from GRACE satellite gravimetry to cover the period from 2003 to 2011. Using an integrated approach we find that the rate of mass loss from the region's glaciers increased from 11.1 ± 1.8 Gt a−1 (–270 ± 40 kg m−2 a−1) in 1963–2006 to 23.8 ± 3.1 Gt a−1 (–580 ± 80 kg m2 a−1) in 2003–2011. The doubling of the rate of mass loss is attributed to higher temperatures in summer with little change in annual precipitation. Through both direct and indirect effects, changes in summer temperatures accounted for 68–98 % of the variance in the rate of mass loss to which the Barnes Ice Cap was found to be 1.6 times more sensitive than either the Penny Ice Cap or the regions glaciers as a whole. Between 2003 and 2011 the glaciers of Baffin and Bylot Islands contributed 0.07 ± 0.01 mm a−1 to sea level rise, a rate equivalent to the contribution coming from Patagonian glaciers. Over the 48-year period between 1963 and 2011 the glaciers of Baffin and Bylot Islands contributed 1.7 mm to the world's oceans.
The Thin Blue Line: How can we destroy actuality with editing?
Authors: Kaymaz Özlem Tuğçe
Published: April 2012

Reviews referring to Francis Ford Coppola’s Columbia Pictures Bram Stoker’s Dracula classic of 1992 recurrently mention the images owing to the camera work of Michael Ballhaus as the striking feature of the movie and highly praise them for their thematically coherent effect.. The colours, if mentioned at all, leave reviewers undecided to sceptical when it comes to evaluating their contribution to the overall composition of the film, though. By providing a semiotic analysis of colours and symbolic imagery the below article will show how colours and imagery in their inter-relatedness create coherence and cohesion with Coppola’s interpretation of Stoker’s Dracula as a religiously inspired morality play set in the context of Victorian cultural values and self-perception.
Transperance Me I Want to be Visible: Gay Gaze in Tom Ford’s film A Single Man
Authors: Gokcem Selen
Published: April 2012

Classic gaze theory that was underlined by Laura Mulvey in 1975 which claims the male gaze objectifies woman and turns the woman into a sex object, is lack in the explaining gaze from man to man. In Tom Ford’s A Single Man the gaze is used from man to man different from man to woman and it is not perceived as something negative. By providing a queer gaze analysis, this article will show how homosexual people live their intimate feelings by gaze and how gay gaze can be different from the classic gaze in a way that it does not reduces the other one in an interior position.
Return to Reality: Towards A More Tactile Cognition of Film Theory
Authors: Akser Murat
Published: April 2012

Film theory has lost itself in the woods among debates of the mind and the senses. Ther are those who are interested in a more tactile sense of the real in film studies. This issue of CINEJ focuses on the documentary truth and how it aims to present us a real and a better world.
Garden of Ambivalence The Topology of the Mother-child Dyad in Grey Gardens
Authors: Tüzün Defne
Published: April 2012

The Maysles brothers’ 1975 documentary, Grey Gardens, portrays the lives of Edith Bouvier Beale and her daughter, Edith, known as Little Edie, the aunt and first cousin, respectively, of Jacqueline Bouvier Kennedy Onassis. The mother and daughter live together in their East Hampton house that is literally falling apart. As their identical names imply, the Beales share a symbiotic relationship which is reflected in every aspect of their life. I argue that Grey Gardens calls for Julia Kristeva’s insistence on abjection as a crucial struggle with “spatial ambivalence (inside/outside uncertainty)” and an attempt to mark out a space in the undifferentiated field of the mother-child symbiosis. In Powers of Horror, Kristeva (1982) states, “abjection preserves what existed in the archaism of pre-objectal relationship” (p. 10). Grey Gardens portrays the topology of the mother-child dyad, which pertains to a particular spatio-temporality: where this primordial relationship is concerned, object and subject crumble, and the distinction between past and present is irrelevant.
The First Amendment in a Time of Media Proliferation: Does Freedom of Speech Entail a Private Right to Censor?
Authors: Garry Patrick M.
Published: April 2012

Modern information technology offers not only more speech, but more ways to deliver that speech. Through the media, every kind of speech is readily available, sometimes with no more than the push of a finger. Many Internet users spend as much time avoiding speech as retrieving it. It is not unfeasible, therefore, that in an age of over-abundant information, freedom of speech may not have the same connotations as it did fifty years ago.
The Special Problem of the “Younger Older Worker”: Reverse Age Discrimination and the ADEA
Authors: Schuchman Amy L.
Published: April 2012

Mention the word discrimination, and most people picture a member of a minority class who an employer refuses to hire because of his or her protected class status. Mention the words age discrimination, and most people picture an older worker, someone with graying hair who has dedicated his or her adult life to the same job, but now was fired in favor of “a newer model” who, supposedly, has twice the productivity and half the cost. But mention the words age discrimination to the Sixth Circuit, and they paint a very different picture. Cline v. General Dynamics Land Systems, Inc. was the first case in the nation to explicitly allow younger employees to sue because of a claim that their employer treated older workers more favorably. Although one commentator has acknowledged that the issue of reverse age discrimination presents “a deep puzzle,” one other commentator and several courts quickly dismissed the idea as “bizarre” because Congress’s intent was allegedly “unmistakable.”
The Department of Justice’s Position on the Second Amendment: Advancing the Nation’s Interest or Putting the Nation at Risk?
Authors: Ray Jennifer
Published: April 2012

In the United States, there has been fierce debate over the Second Amendment and the scope of the right that it protects. Pro-gun enthusiasts as well as some academics and historians have fervently argued that the Second Amendment protects an individual’s right to bear arms. Subscribing to the “individual rights” view, they argue that the Second Amendment grants an individual the right to possess and use firearms for any purpose, subject only to limited government regulation. On the other side of the debate are gun control advocates, other academics and scholars who believe that the Second Amendment only protects the right to bear arms when related to a wellregulated state militia. Their view can be characterized as the “collective rights” interpretation of the Second Amendment. This group believes that the Second Amendment protects the people’s right to maintain effective state militias, but does not afford any type of individual right to own or possess weapons.
A Fond Farewell
Authors: Sell W. Edward
Published: April 2012

With the graduation on May 22, 2004, two valued members of the law school faculty retired. Not only were they valued members of the faculty, but they were two of my personal friends. Because I had a significant role in their law school education and their hire onto the faculty, it is difficult to put into words my deep feelings about their departure. Therefore, I present this tribute with mixed emotion —happy for them but sad to see them depart.
The Lingering Effects of Copyright’s Response to the Invention of Photography
Authors: Farley Christine Haight
Published: April 2012

In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author—a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law’s ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across the domains of law, art, commerce and technology, the social sciences, and popular culture suggests that the particular contours of the author that continue to pose problems—particularly its predilection for creation over selection—can be located and attributed to this historical moment. The “author” took a particular shape in response to historically specific constraints, and the resulting doctrine has left a lasting impression on the way we read photography today.
Morelli v. Cedel: Ignoring Jurisdictional Limits and Outflanking Congress Towards the Internationalization of the ADEA
Authors: Hawes Matthew H. , Hardy W. Scott
Published: April 2012

Throughout the Twentieth Century, legislatures at all levels of American government have sought admirably to protect workers from a host of economic and societal ills by enacting broad-based remedial legislation. At times, these same legislatures have abdicated responsibility to the executive bureaucracy for further regulatory development. Without ensuring the attendant transfer of political accountability commensurate with the authority of the regulatory state, the delicate balance of powers crafted by the founders becomes skewed. Armed with the combined might of legislative fiat and unfettered enforcement power, the heavy hand of an over-zealous executive bureaucracy extends itself beyond the bounds initially established by the legislature in what is known as “mission creep.” And, in the modern economy, the ramifications of mission creep are global.
Interpretive Rulemaking and the Alaska Hunters Doctrine: A Necessary Limitation on Agency Discretion
Authors: DeMotte Ryan
Published: April 2012

Administrative agencies govern a vast amount of our personal and economic lives. Whether buying groceries or visiting a national park, selling shares of stock or taking medication, individuals are impacted every day by federal agencies and the regulatory regimes they administer. Federal regulations govern many of the significant decisions made by corporations and businesses. Given the immense scope and impact of federal regulation, the public has an important interest in ensuring that agency administration is both fair and efficient. Central to achieving fairness and efficiency in agency administration is the Administrative Procedure Act (“APA”), the fundamental law governing federal agencies. The APA establishes the basic procedural requirements for agency action, and provides for judicial review.
Dean W. Edward Sell–Our Dedicated Law Review Advisor and Unwavering Support
Authors: Shames Matthew E. , Schroeder Theodore A. , Nathenson Ira S. , Martineau Bradley J. , Hawes Matthew H. , Hastings Shanda N. , Sherretta Michele
Published: April 2012

Towards the end of my second year of law school, as I began to learn the ropes of my new position as Editor-in-Chief, I had several opportunities to sit down and talk with Dean Sell about the upcoming year. Although I never was a student of his in the classroom, I looked forward to working with the Law Review’s most senior faculty advisor. We discussed all sorts of ideas, large and small, for how to improve the Law Review. I looked on as he learned how to use a digital camera. I got to hear a few of his legendary stories. I began to get a feel for how we would work together. It felt particularly good when he leaned over and whispered to me, “I have a feeling we’re going to get along very well.”
Brown v. Board of Education: Reliving and Learning From Our Racial History
Authors: Bell Derrick
Published: April 2012

In the midst of a fierce battle, soldiers, fighting in what they consider a great cause, seek encouragement in their struggles. They do not welcome criticism and reject out-of-hand even well-intended warnings that their cause is doomed to failure. By 1970, there had been many court battles, but finally school desegregation advocates were beginning to make some advances in their efforts to gain implementation of the Supreme Court’s decision invalidating racial segregation in the public schools.
Heeding Black Voices: The Court, Brown, and Challenges in Building a Multiracial Democracy
Authors: Feagin Joe R.
Published: April 2012

In 1967, thirteen years after the first Brown v. Board of Education decision, Dr. Martin Luther King, Jr. voiced great frustration with the lack of progress in societal desegregation: “[e]very civil rights law is still substantially more dishonored than honored. School desegregation is still 90 percent unimplemented across the land. . . . Legislation that is evaded, substantially nullified and unenforced is a mockery of the law.” Dr. King articulated the views of most African-Americans, views stemming from centuries of painful experiences with systemic racism in U.S. society. Thus, for more than a decade after Brown, white officials in southern districts defied the mandates and implications of Supreme Court and lower federal court rulings and, therefore, the black perspective on U.S. racism and racial change. Indeed, by 1960-1961 only a miniscule 0.16 percent of black children were in school with white children in the South.
The Conundrum of School Desegregation: Positive Student Outcomes and Waning Support
Authors: Schofield Janet Ward , Hausmann Leslie R.M.
Published: April 2012

The Brown v. Board of Education (1954) decision was a landmark in many respects. Most importantly, it overturned the separate but equal doctrine embodied in Plessy v. Ferguson (1896), laying the groundwork for massive change in our society. In particular, it laid the basis for dismantling state supported racial segregation in education, housing, and other important areas of life. For social scientists there is another, though less important, reason why the Brown decision was so crucial. It was the first case in which a Supreme Court decision specifically mentioned the input of social science experts (Cook, 1979). Although there is a lack of agreement about how important a role this input played, social scientists were buoyed by the fact that a statement signed by a large number of leading social scientists was cited.
The Nature of Remedies in International Trade Law
Authors: Cho Sungjoon
Published: April 2012

On August 30, 2002, the World Trade Organization (WTO) authorized the European Communities (EC) to suspend its tariff concessions and other obligations toward the United States to the extent of U.S. $4 billion for the latter’s failure to comply with the Appellate Body’s decision that the United States had violated the WTO rules, in particular, the WTO Subsidy Code by providing the prohibited subsidies to foreign sales corporations (FSCs) in the form of tax breaks (the FSC Article 22.6 Report). The sheer scale of the EC’s suspension in response to the U.S. violation is unprecedented, far surpassing the suspensions authorized in two previous cases that invoked the WTO enforcement mechanism, Banana III and Hormones. At first glance, this dramatic finale for such a high-profile case might be welcomed as an impressive revelation of the real achievement of the WTO system equipped with teeth, unlike its predecessor the old GATT.
Brown’s Legacy: The Evolution of Educational Equity
Authors: Moran Rachel F.
Published: April 2012

According to the late Sheldon Messinger, “there are two laws of social science: (1) deep down, everyone everywhere is basically the same; (2) it takes all kinds.” This observation captures the dilemma of sameness and difference that has plagued educational policy-making in general, and the quest for educational equity in particular. That is, should we try to assimilate all children to the same model of educational success, or should we expect children to be different and embrace a pluralist vision in which there are diverse paths to achievement?
The Suitability of IRB Liability
Authors: Hoffman Sharona , Berg Jessica Wilen
Published: April 2012

The biomedical research oversight system in the United States delegates most responsibilities to local review entities known as institutional review boards (IRBs). The IRBs are charged with responsibility for safeguarding the welfare of research participants and ensuring that clinical studies involving human subjects comply with federal regulations.
The Future of Soft Money in Federal Elections: The 527 Reform Act of 2005 and the First Amendment
Authors: Chase Ryan P.
Published: April 2012

President George W. Bush signed the Bipartisan Campaign Finance Reform Act of 2002 (“BCRA”) into law on March 27, 2002, and when it became law on November 6, 2002, BCRA marked the first significant revision of the federal laws controlling the financing of campaigns for federal office since the Federal Election Campaign Act of 1971 (“FECA”). Title I of BCRA banned national parties and officeholders from raising and spending “soft money.” Soft money can be defined simply as contributions that are not subject to FECA’s contribution regulations while “hard money” refers to contributions that do fall under FECA’s domain. FECA established a series of mandatory limits on contributions to candidates and mandatory ceilings on expenditures. Senator John McCain (R-AZ), one of the bill’s co-sponsors who has fought for significant campaign finance reform for more than half a decade, hoped the law would “restore the public’s faith in government.” President Bush hailed BCRA by stating that “[a]ll of the American electorate will benefit from these measures to strengthen our democracy.”
Preparing for 2007: Legal and Legislative Issues Surrounding the Reauthorization of Section 5 of the Voting Rights Act
Authors: Benson Jocelyn
Published: April 2012

Forty years ago, civil rights activists across the country rejoiced in the passing of the Voting Rights Act1 (“VRA” or “the Act”). The Act was a crowning achievement of the classical civil rights movement and the culmination of a bloody series of events seeking political empowerment for African-Americans in the United States.
True Integration: Advancing Brown’s Goal of Educational Equity in the Wake of Grutter
Authors: Epperson Lia B.
Published: April 2012

The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund (“LDF”), and head of the legal team that litigated Brown v. Board of Education,1 knew well the challenges that desegregation posed in a nation founded on a system of racial subjugation and white supremacy.
Party Autonomy and Regional Harmonization of Rules in International Commercial Arbitration
Authors: Shackelford Elizabeth
Published: April 2012

In the last half of the twentieth century, the trend towards “world-wide harmonization of trade law” has increased steadily with the globalization of economies and the corresponding increase in transnational commerce. Throughout this period, efforts have emerged to unify and harmonize international commercial law in order to promote international trade. The two primary ways this was pursued during the twentieth century were unification of choice of-law rules and harmonization or unification of substantive rules.
In Memoriam: Professor Kathryn R. Heidt
Authors: Flechtner Harry M.
Published: April 2012

What is most notable about the life and the career of Professor Kathryn R. Heidt is not that it was tragically cut short by her death on May 24, 2005, but that she was able to achieve so much, both personally and professionally, in the too-brief time allotted to her. After receiving her bachelor’s degree from Penn State and her J.D. from Cleveland State College of Law, Professor Heidt clerked for two years for the Honorable John T. Patton of the Ohio Court of Appeals before becoming an associate with the Philadelphia law firm Duane Morris & Heckscher. Opting for a change in her path in the law, she obtained an LL.M. from Yale Law School and began her distinguished academic career. Before joining the faculty of the University of Pittsburgh as a Professor of Law in 1995, Professor Heidt had served on the law faculty at Wayne State University Law School, and had been a visiting faculty member of the University of Pennsylvania Law School, the University of North Carolina School of Law, New York Law School, and the Law Faculty of the University of Utrecht in the Netherlands.
Legislative Messaging and Bankruptcy Law
Authors: Gross Karen , Heidt Kathryn R. , Lupica Lois R.
Published: April 2012

This Essay grew out of many three-way conversations and multiple collaborative drafts. We began this conversation at the academic conference in 2003 celebrating the Bankruptcy Code’s upcoming 25th Anniversary. Sadly, we did not have the opportunity to finish either the conversations or to finalize this Essay before Kate Heidt’s untimely death in May 2005. Completed in her absence, this Essay is dedicated to the memory of our close friend and colleague, Professor Kathryn R. Heidt.
Norton v. Southern Utah Wilderness Alliance: The U.S. Supreme Court Fails to Act on Agency Inaction
Authors: Buell Christopher M.
Published: April 2012

Citing inaction by the Bureau of Land Management (BLM) in preventing damage to lands designated for possible preservation from explosive increases in off-road vehicle use, the Southern Utah Wilderness Alliance (SUWA) sued BLM in 1998 to force it to prevent impairment of the lands. Although the case involved preservation and land-use management statutes, the conflict ultimately came down to the courts’ power under the Administrative Procedure Act (APA) to force an agency to comply with a statutory mandate to preserve wilderness areas. After a Utah district court dismissed SUWA’s claims and the Tenth Circuit reversed and remanded, the U.S. Supreme Court granted certiorari in the case and issued a unanimous opinion in June 2004. In Norton v. Southern Utah Wilderness Alliance, the Court dismissed SUWA’s claims for a lack of subject matter jurisdiction, reasoning that the APA does not sanction judicial review of agency inaction unless the action sought to be compelled is “discrete agency action.”
Agricultural Tithing and (Flat) Tax Complexity
Authors: Chodorow Adam S. Chodorow
Published: April 2012

Tax complexity has been of major concern to legislators and academics almost since the first income tax was enacted in 1913, and scholars have generated a large and varied body of scholarship on the subject. Some scholars have explored the causes and nature of complexity, while others have focused on how best to simplify the current income tax, while keeping its major design features in place. Those interested in more radical reform of the current tax system have seized on the purported complexity of controversial provisions, such as the progressive rate structure and the tax preference for capital gains, to justify the elimination of those features. More recently, consumption tax advocates have claimed that such taxes are inherently less complex than the income tax, and therefore, we should replace the income tax altogether with some form of consumption tax. Indeed, Steve Forbes has repeatedly argued that his preferred form of consumption tax is so straightforward that we can calculate our taxes using a simple postcard and abolish the IRS in the process.
Preventive War and the Lessons of History
Authors: Lobel Jules
Published: April 2012

In September 2002, as the Bush administration was gearing up for a showdown with Iraq, the White House released its National Security Strategy, which announced a radical shift in American military policy. The United States had previously adhered doctrinally, if not always in practice, to the international rule that a nation may unilaterally launch a military attack against another nation only in strict self-defense, that is, in response to an armed attack or an imminent threat of an armed attack.Any other use of military force requires approval of the United Nations (“U.N.”) Security Council, which must first find that a “threat to the peace, breach of peace, or act of aggression” exists, and then must authorize the use of force to remove that threat. The 2002 National Security Strategy maintained that the threat of catastrophic attacks with weapons of mass destruction by rogue states and/or terrorists demands a new, preemptive approach. The new doctrine insisted that unilateral recourse to war is justified not only to forestall imminent attacks, but to preempt non-imminent threats where the threats are large enough. The United States led invasion of Iraq was widely viewed as the first test of this preemptive war doctrine.
Genetic Residues of Ancient Migrations: An End to Biological Essentialism and the Reification of Race
Authors: Richman William M.
Published: April 2012

The two quotes reveal starkly different attitudes toward race and the depth and amount of genetic variation within our species. Belloc’s poem postulates racial essentialism, i.e., that there are large, biologically-based differences among the world’s populations on significant traits—intellect, industry, character. By contrast, according to Cannon’s statement, our species is unitary, without important geographically-linked differences on those crucial traits. Adopting the essentialist position yields a ready explanation for the disparate fortunes of different populations in our country and across the globe. Some groups, some nations are richer and more powerful and live longer and healthier lives because they are genetically more fit or better adapted than others on certain key parameters.3 The implication is that remedial efforts, either educational solutions or wealth transfers from First to Third World nations, are pointless or at least destined to produce only minimal results.
Embryonic Stem Cell Research and Religion: The Ban on Federal Funding as a Violation of the Establishment Clause
Authors: Pittman Larry J.
Published: April 2012

Many Americans die each day from diseases affecting the heart, liver, kidneys, brain and a whole host of other bodily organs. Scientific researchers are constantly trying to develop new treatments for such medical conditions. Presently, the research community is working hard to develop medical treatments using stem cells from human embryos. That process involves extracting stem cells from either excess embryos that are no longer needed for in vitro fertilization or from embryos that are created through therapeutic cloning. At the blastocyst stage, about five days after the beginning of an embryo, researchers extract stem cells from the embryo and place them in a petri dish where the cells divide to produce a line of millions of stem cells. These stem cells are undifferentiated, meaning that they are still capable of transforming themselves into many different types of cells that exist in the human body. The hope is that physicians and other medical personnel will one day be able to inject these stem cells into a patient’s diseased heart, kidney, brain, liver, spinal cord or other organ, and the stem cells willtransform themselves into the same type of cells that comprise the host organ. The expectation is that the stem cells will repair the patient’s heart or other organs by curing diseases and otherwise improving the patient’s medical condition and life expectancy.
Collateral Damage? The Impact of National Security Crises on the Fourth Amendment: Protection Against Unreasonable Searches
Authors: Chandler Sara A.
Published: April 2012

In January 2001, hidden cameras scanned the faces of all 100,000 Super Bowl attendees as they entered the stadium. Unbeknownst to the attendees, the scanned images were then compared with state, local, and FBI files of known criminals and terrorists. Was this measure justified in the interest of public safety and national security, or did it represent an unconstitutional violation of one’s fundamental right to privacy?
Daubert and the Disappearing Jury Trial
Authors: Kanner Allan , Casey M. Ryan
Published: April 2012

In Kafka’s Before the Law, a man is arrested for a crime unknown to him and is tried in a court he does not recognize. To help explain the situation to the bewildered prisoner, a parable is related about a man seeking admittance to the Law. He comes before the gate of the Law and is told by the gatekeeper that it is possible to enter, but not at that moment. The man pleads with the gatekeeper but is denied entry. He spends his entire life before the gate, and just before his death, asks the gatekeeper, “Everyone strives after the law . . . , so how does it happen that in these many years no one but myself has ever begged admittance?” The gatekeeper sees that the man is near death, and shouts at him, “No one else could ever be admitted here, since this gate was made only for you. I am now going to shut it.”
Logic for Law Students: How to Think Like a Lawyer
Authors: Aldisert Ruggero J. , Clowney Stephen , Peterson Jeremy D.
Published: April 2012

Logic is the lifeblood of American law. In case after case, prosecutors, defense counsel, civil attorneys, and judges call upon the rules of logic to structure their arguments. Law professors, for their part, demand that students defend their comments with coherent, identifiable logic. By now we are all familiar with the great line spoken by Professor Kingsfield in The Paper Chase: “You come in here with a head full of mush and you leave thinking like a lawyer.” What is thinking like a lawyer? It means employing logic to construct arguments.
So Dark the Con(tu) of Man: The Quest for a Software Derivative Work Right in Section 117
Authors: Mtima Lateef
Published: April 2012

Computer software programs have various unique characteristics as copyrightable works. Among other things, unlike traditional copyrightable works, it is necessary to copy and often to modify software programs in order to use them. In addition, as functional works, the development of additional programs, an overarching goal of copyright protection, often requires the “efficient reuse” of protected elements of preexisting programs. The copyright law currently provides an ambiguous and contradictory response to these issues. While section 117 of the Copyright Act provides program users with the privilege to prepare “adaptations” of copyrighted programs, section 106 reserves to copyright holders the exclusive right to prepare derivative versions of their programs. This article proposes that user adaptation privileges can be distinguished from, and reconciled with, copyright holder derivative work exclusive rights by virtue of the impact that a user-prepared adaptation will have upon the market for the original copyrighted program: “market benign” adaptations should be treated as privileged adaptations, while “market pernicious” adaptations should be treated as derivative works and therefore, subject to the rights of the copyright holder in the original program.In addition, the “practical-use versus market-impact” balancing rationale used to draw the foregoing distinction can also be used to reconstruct the traditional derivative work right into a narrower “software derivative work right.” This software derivative work right would limit the copyright holder’s exclusive right to that of creating derivative programs that are likely to compete with, or otherwise have an undue impact on the market for, the original copyrighted software program. This would enable judicial recognition of a new “public derivative work privilege” to create non-competitive derivative software programs from preexisting works.
Notes Procedural Fencing in Retiree Benefits Disputes: Applications of the First-Filed Rule in Federal Courts
Authors: Vanneman Julie
Published: April 2012

Basil Chapman retired from ACF Industries, a railroad-car maker, after thirty-eight years of service. In December 2003, he received an unexpected phone call at his West Virginia home from a union representative, who informed him that an ACF executive wanted to speak with him. When they spoke, the executive informed Mr. Chapman that ACF was planning on changing its retirees’ health coverage plan. The ACF plan would now have a lifetime maximum benefit cap on hospital and surgical expenses for each participant and would require retirees to make monthly contributions. According to court papers filed later, Mr. Chapman responded, “We have a contract. You can’t do that.” Then, he said that he would “file in federal court” against ACF. The next business day, ACF filed a declaratory judgment action in the United States District Court for the Eastern District of Missouri asking the court to rule that retiree benefits were not vested and that ACF accordingly could alter benefits unilaterally. On January 26, 2004, Mr. Chapman, other named plaintiffs, and their union sued ACF in the United States District Court for the Southern District of West Virginia.
American Forum Non Conveniens in Light of the Hague Convention on Choice-of-Court Agreements
Authors: Tate Christopher
Published: April 2012

Little Grill Guy, LLP, (LGG) is a small Pittsburgh firm whose primary business is making and selling high-end gas grills for outdoor use. Recently, a famous chef used LGG’s top-of-the-line model when preparing a meal on a very popular Japanese cooking game show. As often happens when American culture is injected into the Japanese limelight, Japanese consumers have been clamoring for LGG products since the episode aired. LGG has started negotiations with Tokyo-Mart, Inc., the largest commercial retailer in Japan. Despite its recent fame in Japan, LGG is still a small firm in a small industry and has relatively little bargaining power compared to the retail giant.
“It’s Not About the Money!”: A Theory on Misconceptions of Plaintiff’s Litigation Aims
Authors: Relis Tamara
Published: April 2012

This Article examines from a new angle a long-standing debate on two central questions of the legal system: why do plaintiffs sue, and what do they seek from litigation? Legal research has documented various extra-legal aims or non-economic agendas of plaintiffs who commence legal proceedings for various case-types. However, current debates have failed to address this issue in depth from the perspectives of plaintiffs themselves, subsequent to lawyers conditioning them on “legal system realities” and translating their disputes into legally cognizable compartments. Nor have understandings of plaintiffs’ aims been examined from the perspectives of defense lawyers. These are significant gaps in the knowledge, as plaintiffs’ objectives directly impact their experiences in litigation and litigation-linked processes such as mediation. Likewise, attorneys’ approaches and conduct throughout litigation and mediation processes are premised upon their basic understandings of what those who commenced these suits want.
Rule 10b-5 and Reasonable Reliance: Why Courts Should Abandon Focus on Non-Reliance Clauses
Authors: Altman Jonathan P.
Published: April 2012

In a typical privately negotiated merger or acquisition, the parties involved will be engaged in months of negotiations prior to the closing of their deal. Over the course of such, many projections, agreements, documents, oral representations and warranties (hereinafter “information”) will undoubtedly be exchanged by both sides. In the final purchase agreement, a seller typically lists detailed representations and warranties about its business, and includes a proviso that the buyer is not relying on any other information. Inclusion of this “non-reliance clause” (hereinafter “NRC”) is intended to restrict a buyer’s ability to bring a fraud claim under Rule 10b-5.
Applying the False Claims Act to Chemical and Physical Restraint Cases: Is the Government Going Too Far?
Authors: Schaadt Amie E.
Published: April 2012

On August 6, 2002, Jeanne W. Price, a 79-year-old Alzheimer’s patient at the Central Montgomery Medical Center (CMMC), died while in a restraining device called a Posey vest. The CMMC staff used the restraint to keep Ms. Price from wandering the halls of the medical center by confining her in bed.1 When the patient later attempted to get out of bed, she slipped off the side, causing the vest to tighten around her chest. She soon died of asphyxiation. An attorney for the family stated that the patient may have been left unattended for up to an hour.