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Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn Jan 1999

Applying The Ada To Mitigating Measures Cases: A Choice Of Statutory Evils, Lisa A. Eichhorn

Faculty Publications

This Article critiques the idea that the ADA should exclude from its coverage people who use mitigating measures, such as medications and medical devices, to alleviate the effects of their mental and physical impairments. After describing the statute as an expansive but flawed tool for combating disability-based discrimination, the Article analyzes a 1999 trilogy of Supreme Court cases holding that in determining whether a person has a disability for purposes of ADA coverage, courts should take account of the ameliorative effects of so-called mitigating measures on the person’s impairments. Through this holding, the Court inappropriately constricted the scope of the …


Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn Jan 1999

Major Litigation Activities Regarding Major Life Activities: The Failure Of The Disability Definition In The Americans With Disabilities Act Of 1990, Lisa A. Eichhorn

Faculty Publications

The passage of the Americans with Disabilities Act ("ADA") in 1990 has been praised as the major accomplishment of the disability rights movement. This statute, however, is not without its flaws. Perhaps the most problematic one is the way in which “disability” is defined. Lisa Eichhorn argues that the definition undercuts the effectiveness of the ADA. She begins with a historical look at society’s concepts of disability and discusses how these concepts were incorporated into the Rehabilitation Act of 1973 and the ADA. She then examines cases that have been dismissed because plaintiffs cannot prove disabled status, which illustrate the …


A Modest Proposal: Mediating Idea Disputes Without Splitting The Baby, Jonathan A. Beyer Jan 1999

A Modest Proposal: Mediating Idea Disputes Without Splitting The Baby, Jonathan A. Beyer

The Journal of Law and Education

No abstract provided.


Introduction: Mandatory Student Activity Fees: Is Smith An Infringement Or An Improvement Counterpoint, Perry A. Zirkel Jan 1999

Introduction: Mandatory Student Activity Fees: Is Smith An Infringement Or An Improvement Counterpoint, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.


Are Mandatory Student Activity Fees Really Mementos Of The Past Counterpoint, Annette Gibbs Jan 1999

Are Mandatory Student Activity Fees Really Mementos Of The Past Counterpoint, Annette Gibbs

The Journal of Law and Education

No abstract provided.


Primary And Secondary Education - Recent Developments In The Law Jan 1999

Primary And Secondary Education - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.


Law Review Digests Jan 1999

Law Review Digests

The Journal of Law and Education

No abstract provided.


A Collusion Of Policy: Chapter 13 And Taxes, Jack F. Williams, Tamara M. Ogier Jan 1999

A Collusion Of Policy: Chapter 13 And Taxes, Jack F. Williams, Tamara M. Ogier

South Carolina Law Review

No abstract provided.


Passing The Essence Test: Health Care Providers Escape Strict Liability For Medical Devices, Laura Pleicones Jan 1999

Passing The Essence Test: Health Care Providers Escape Strict Liability For Medical Devices, Laura Pleicones

South Carolina Law Review

No abstract provided.


Semiclassical Calculation Of Cumulative Reaction Probabilities, David J. Tannor, Sophya V. Garashchuk Jan 1999

Semiclassical Calculation Of Cumulative Reaction Probabilities, David J. Tannor, Sophya V. Garashchuk

Faculty Publications

Calculation of chemical reaction rates lies at the very core of theoretical chemistry. The essential dynamical quantity which determines the reaction rate is the energy-dependent cumulative reaction probability, N(E), whose Boltzmann average gives the thermal rate constant, k(T). Converged quantum mechanical calculations of N(E) remain a challenge even for three- and four-atom systems, and a longstanding goal of theoreticians has been to calculate N(E) accurately and efficiently using semiclassical methods. In this article we present a variety of methods for achieving this goal, by combining semiclassical initial value …


Call Screening - Is It Really A Problem For Survey Research?, Michael W. Link, Robert W. Oldendick Jan 1999

Call Screening - Is It Really A Problem For Survey Research?, Michael W. Link, Robert W. Oldendick

Faculty Publications

No abstract provided.


Analysis Of A Lithium/Thionyl Chloride Battery Under Moderate-Rate Discharge, Mukul Jain, Ganesan Nagasubramanian, Rudolph G. Jungst, John W. Weidner Jan 1999

Analysis Of A Lithium/Thionyl Chloride Battery Under Moderate-Rate Discharge, Mukul Jain, Ganesan Nagasubramanian, Rudolph G. Jungst, John W. Weidner

Faculty Publications

A one-dimensional mathematical model of a spirally wound lithium/thionyl chloride primary battery is developed and used for parameter estimation and design studies. The model formulation is based on the fundamental conservation laws using porous electrode theory and concentrated solution theory. The model is used to estimate the transference number, the diffusion coefficient, and the kinetic parameters for the reactions at the anode and the cathode as a function of temperature. These parameters are obtained by fitting the simulated capacity and average cell voltage to experimental data over a wide range of temperatures (–55 to 49°C) and discharge loads (10-250 ). …


Personal Ontologies, Michael N. Huhns, Larry M. Stevens Jan 1999

Personal Ontologies, Michael N. Huhns, Larry M. Stevens

Faculty Publications

Corporations can suffer from too much information, and it is often inaccessible, inconsistent, and incomprehensible. The corporate solution entails knowledge management techniques and data warehouses. The paper discusses the use of the personal ontology. The promising approach is an organization scheme based on a model of an office and its information, an ontology, coupled with the proper tools for using it.


'The Wryttar To The Reidaris': Editing Practices And Politics In The Bannatyne Manuscript, Evelyn S. Newlyn Jan 1999

'The Wryttar To The Reidaris': Editing Practices And Politics In The Bannatyne Manuscript, Evelyn S. Newlyn

Studies in Scottish Literature

No abstract provided.


"False Friends, Squeamish Readers, And Foolish Critics": The Subtext Of Authorship In Hogg's Justified Sinner, Regina B. Oost Jan 1999

"False Friends, Squeamish Readers, And Foolish Critics": The Subtext Of Authorship In Hogg's Justified Sinner, Regina B. Oost

Studies in Scottish Literature

No abstract provided.


Forster Revisited, Andrew Monnickendam Jan 1999

Forster Revisited, Andrew Monnickendam

Studies in Scottish Literature

No abstract provided.


Henryson's "Ballet Schort": A Virgin Reading Of The Testament Of Cresseid, William A. Quinn Jan 1999

Henryson's "Ballet Schort": A Virgin Reading Of The Testament Of Cresseid, William A. Quinn

Studies in Scottish Literature

No abstract provided.


Book Reviews Jan 1999

Book Reviews

Studies in Scottish Literature

No abstract provided.


Civil Commitment Of Sex Offenders: South Carolina's Sexually Violent Predator Act, J. H. Cook Jan 1999

Civil Commitment Of Sex Offenders: South Carolina's Sexually Violent Predator Act, J. H. Cook

South Carolina Law Review

No abstract provided.


Hope In The Heartland: Chapter 11 Dispositions In Indiana And Southern Illinois, 1990-1996, Steven H. Ancel, Bruce A. Markell Jan 1999

Hope In The Heartland: Chapter 11 Dispositions In Indiana And Southern Illinois, 1990-1996, Steven H. Ancel, Bruce A. Markell

South Carolina Law Review

No abstract provided.


Integrated Computational Chemistry System For Catalysts Design, Salai Cheettu Ammal, S. Takami, M. Kubo, A. Miyamoto Jan 1999

Integrated Computational Chemistry System For Catalysts Design, Salai Cheettu Ammal, S. Takami, M. Kubo, A. Miyamoto

Faculty Publications

The understanding of valuable catalytic and adsorptive properties of heterogeneous catalysts at atomic and electronic levels is essential for the design of novel catalysts. Computer simulation studies can significantly contribute to provide a rational interpretation of the observed experimental results and suggest modification of new catalysts. Our recent work on the application of integrated computer simulation methods to investigate the structure and catalytic properties of solid surfaces including zeolites, transition metals and their oxides have been reviewed in this paper. We have emphasized the effectivity and applicability of integrated computer simulation system to solve the problems in a variety of …


Material Balance Modification In One-Dimensional Modeling Of Porous Electrodes, Mukul Jain, John W. Weidner Jan 1999

Material Balance Modification In One-Dimensional Modeling Of Porous Electrodes, Mukul Jain, John W. Weidner

Faculty Publications

The material balance used previously in one-dimensional mathematical models of porous electrodes is invalid when there is a non-zero volume change associated with the reaction. It is shown here how the material balance should be modified either to account for a loss in volume, or to account for an inflow of electrolyte from the header into the active pores. A one-dimensional mathematical model is used to illustrate the effect of this correction on the prediction of the delivered capacity and the electrolyte concentration in a lithium/thionyl chloride primary battery.


Correlation Of Double-Layer Capacitance With The Pore Structure Of Sol-Gel Derived Carbon Xerogels, Chuan Lin, James A. Ritter, Branko N. Popov Jan 1999

Correlation Of Double-Layer Capacitance With The Pore Structure Of Sol-Gel Derived Carbon Xerogels, Chuan Lin, James A. Ritter, Branko N. Popov

Faculty Publications

Nine different sol-gel derived carbon xerogels were prepared with different pore structures by varying the carbonization temperature (in flowing N2) and activation time (in 5% CO2 in N2). For each of these carbon xerogels, mesopore and micropore size distributions and cumulative surface areas were extracted from a density functional theory analysis. Increasing the carbonization temperature caused a decrease in the number of micropores in the 6 Å range but had little effect on the mesopore size distribution and thus mesopore cumulative surface area. Increasing the CO2 activation time caused an increase in the number …


Development And Testing Of A Quantitative Food Frequency Questionnaire For Use In Gujarat, India, James R. Hébert, Prakash C. Gupta, Ramesh B. Bhonsle, Pesi N. Sinor, Hemali Mehta, Fali S. Mehta Jan 1999

Development And Testing Of A Quantitative Food Frequency Questionnaire For Use In Gujarat, India, James R. Hébert, Prakash C. Gupta, Ramesh B. Bhonsle, Pesi N. Sinor, Hemali Mehta, Fali S. Mehta

Faculty Publications

Objective: To develop and test a quantitative, interviewer-administered food frequency questionnaire (FFQ) to ascertain nutrient intakes of individuals in northern India. Design: A 92-item FFQ was developed based on food use and market surveys of the study area. A validation study was conducted consisting of 24-h diet recalls (24HR) administered on 6 randomly selected days over 1 year. Two FFQs were administered, one each at the beginning and end of the 1-year period. FFQ and 24HR-derived nutrient scores were compared using correlation and regression analyses and by computing differences between nutrient intakes estimated by the two methods. Setting: Rural villages …


Influence Of Some Design Variables On The Thermal Behavior Of A Lithium‐Ion Cell, Gerardine G. Botte, Bradley A. Johnson, Ralph E. White Jan 1999

Influence Of Some Design Variables On The Thermal Behavior Of A Lithium‐Ion Cell, Gerardine G. Botte, Bradley A. Johnson, Ralph E. White

Faculty Publications

No abstract provided.


Methanol Fuel Cell Model: Anode, S. F. Baxter, V. S. Battaglia, Ralph E. White Jan 1999

Methanol Fuel Cell Model: Anode, S. F. Baxter, V. S. Battaglia, Ralph E. White

Faculty Publications

No abstract provided.


Sir Thomas Urquhart's Translation Of Rabelais, Roger Craik Jan 1999

Sir Thomas Urquhart's Translation Of Rabelais, Roger Craik

Studies in Scottish Literature

No abstract provided.


Distribution Of Isolated Volcanoes On The Flanks Of The East Pacific Rise, 15.3°-20°S, Scott M. White, Ken C. Macdonald, Daniel S. Scheirer, Marie-Helene Cormier Dec 1998

Distribution Of Isolated Volcanoes On The Flanks Of The East Pacific Rise, 15.3°-20°S, Scott M. White, Ken C. Macdonald, Daniel S. Scheirer, Marie-Helene Cormier

Faculty Publications

Volcanic constructions, not associated with seamount (or volcano) chains, are abundant on the flanks of the East Pacific Rise (EPR) but are rare along the axial high. The distribution of isolated volcanoes, based on multibeam bathymetric maps, is approximately symmetric about the EPR axis. This symmetry contrasts with the asymmetries in the distribution of volcano chains (more abundant on the west flank), the seafloor subsidence rates (slower on the west flank), and the distribution of plate-motion-parallel gravity lineaments (more prominento nthe west flank). Most of the isolated volcanoes complete their growth within -14 km of the axis on crust younger …


December 2, 1998 Faculty Senate Minutes, University Of South Carolina Dec 1998

December 2, 1998 Faculty Senate Minutes, University Of South Carolina

Faculty Senate

No abstract provided.


A Search For Le Prince: Underwater Archaeological Prospecting In The French Archives, James D. Spirek Dec 1998

A Search For Le Prince: Underwater Archaeological Prospecting In The French Archives, James D. Spirek

Faculty & Staff Publications

No abstract provided.