Digital Commons Network^™

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

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Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …

Lawyers' Ethics And Fiduciary Obligation In The Brave New World Of Aggregative Litigation, Lester Brickman

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Over the past several decades and at a quickening pace, we have seen the rise of the mass tort phenomenon. The term mass tort refers to an allegation of injury by large numbers of persons due to a calamity or exposure to defectively produced foods, drugs, products implanted in the body, or improperly designed or constructed vehicles, other products, materials or structures, which is sought to be redressed by combining (aggregating) large numbers of claims sharing like issues of fact and law into a litigation against one or more defendants using such structural aggregative methods as class actions, consolidations, and …

Essay: Recent Trends In American Legal Education, Paul D. Reingold

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An American law professor in Japan has much more to learn than to teach. A foreigner like me - who comes to Japan on short notice, with no knowledge of Japanese culture and institutions, and with no Japanese language skills - sets himself a formidable task. Happily, the courtesy of my hosts, the patience of my colleagues, and the devotion of my students, have made for a delightful visit. I thank all of you. You asked me to talk about American legal education. As you surely know, the system of legal education in the U.S. is very different from the …

Vision And Reality: Democracy And Citizenship Of Women In The Dayton Peace Accords, Christine M. Chinkin, Kate Paradine

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This Article examines the gendered meanings of the concepts of democracy, citizenship, and human rights in the context of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFA), negotiated in Dayton, Ohio, in 1995. The Article is predicated upon the idea that a feminist theory and politics of citizenship and democracy "must embrace an internationalist agenda" and that in turn, for effectiveness and legitimacy, the internationalist agenda must embrace feminist thinking. This Article further argues that the GFA provided an opportunity for the renegotiation of a contested space where democratic concepts of access and participation and citizenship issues …

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

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Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

The Peroxisome Proliferator-Activated Receptor Alpha (Ppar ) Regulates Bile Acid Biosynthesis., Mary Hunt, Yi-Zeng Yang, Gosta Eggertsen, Claes Carneheim, Mats Gafvels, Curt Einarsson, Stefan Alexson

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Fibrates are a group of hypolipidemic agents which efficiently lower serum triglyceride levels by affecting the expression of many genes involved in lipid metabolism. These effects are exerted via the peroxisome proliferator-activated receptor alpha (PPARa). In addition, fibrates also lower serum cholesterol levels, suggesting a possible link between the PPARa and cholesterol metabolism. Bile acid formation represents an important pathway for elimination of cholesterol, and the sterol 12a-hydroxylase is a branch-point enzyme in the bile acid biosynthetic pathway, which determines the ratio of cholic acid to chenodeoxycholic acid. Treatment of mice for one week with the peroxisome proliferator WY-14,643 or …

Hydrodynamic Drag In Steller Sea Lions (Eumetopias Jubatus), Lei Lani Stelle, Robert Blake, Andrew Trites

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Drag forces acting on Steller sea lions (Eumetopias jubatus) were investigated from 'deceleration during glide' measurements. A total of 66 glides from six juvenile sea lions yielded a mean drag coefficient (referenced to total wetted surface area) of 0.0056 at a mean Reynolds number of 5.5x10(6). The drag values indicate that the boundary layer is largely turbulent for Steller sea lions swimming at these Reynolds numbers, which are past the point of expected transition from laminar to turbulent flow. The position of maximum thickness (at 34 % of the body length measured from the tip of the nose) was more …

Effects Of Peeling Methods On The Quality Of Ready-To-Use Carrot Slices, Catherine Barry-Ryan, David O'Beirne

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The effects of methods used for peeling and physiological age (over-wintering) on the quality and storage life of carrot disks packaged in modified atmosphere were examined. Commercial mechanical abrasion peeling using fine or coarse carborundum plates, was compared with carrots peeled by hand, before slicing into disks. Slices which had been peeled by abrasion had higher respiration rates, greater microbial contamination and growth rates, higher pH values, higher rates of weight loss and shorter microbiological shelf-lives than those which had been hand peeled. These results reflected the higher quality of the manually peeled carrots. Micrographs of the peeled surfaces confirmed …

Improved Direct Solver For Building Energy Simulation, Michael Crowley, Saleem Hashmi

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Finite difference methods, when applied to the differential equations modelling energy flows in buildings, give rise to a system of non-linear difference equations. A frequently used direct solution method involving linearization is analysed and a related method proposed. These and one other connected method are compared using a building related test problem prepared for this purpose. The proposed numerical method is found to produce least error, about 30% less than the commonly used method, and it is recommended for inclusion in building energy simulation software. A fundamental method for estimating the pre conditioning period of a building, arising from the …

Cell Surface Effects Of Androgens Between 1 Pm And 100 Nm On Rat Sertoli Cells And Two Human Prostatic Cell Lines, Lncap And Pc3: Evidence For Two Membrance Receptors, Fiona Lyng, G. R. Jones, F. F.G. Rommerts

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Androgen-induced calcium fluxes and gap junctional intercellular communication (GJIC) were studied in three different cell types. A transient (2–3 min duration) increase in intracellular calcium levels was observed within 20–30 sec of androgen addition, which was followed by a plateau phase with steroid concentrations higher than 1 nM. The kinetics of the calcium responses were similar in immature rat Sertoli cells, which contain normal nuclear receptors; the human prostatic tumor cell line, LNCaP, which contains a mutated nuclear receptor; and the human prostatic cell line, PC3, which does not contain a nuclear receptor. The human A431 tumor cell line did …

A Model Of Organic Matter Accumulation In A Developing Fen/Raised Bog Complex, Alan Gilmer, Nicholas Holden, Shane Ward, Anthony Brereton, Edward Farrell

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A mechanistic simulation model of organic matter accumulation for a developing fen/raised bog complex in Ireland is presented. Parameter/variable values have been primarily drawn from the published literature. The development of the theoretical considerations of fen peat as a substratum to a raised bog is evaluated using the model. Terrestrialization is the pathway of hydroseral succession. The conceptual model treats peat growth as the accumulation of a series of parcels comprising both a labile and a non-labile component. The fen phase of the model uses a discrete description of organic matter accumulation while the raised bog phase uses a continuous …

On Philosophy And Economics, Cass R. Sunstein

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No abstract provided.

Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case

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No abstract provided.

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz

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No abstract provided.

Voting With Intensity, Saul Levmore

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Can intense preferences be accommodated in voting schemes without shifting power to wealthier citizens and organized interests? This article first situates the question within the larger issue of the inalienability of some legal rights, and then focuses on collective action problems among voters. These problems offer a way to explain our present rules and intuitions regarding vote buying and related matters in areas ranging from corporate law to associations and to campaign finance reform. But in large-scale general elections, collective action problems are likely to doom strategies for extracting information about intense preferences, and they may even produce perverse results. …

An Attitudinal Theory Of Expressive Law, Richard H. Mcadams

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No abstract provided.

The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser

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No abstract provided.

Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner

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Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.

Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner

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No abstract provided.

The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein

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No abstract provided.

Conceiving Nonmarital Fathers' Rights: An Inquiry Into The Constitutionality Of West Virginia's Adoption Statute, Lisa Kelly

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When do the rights of nonmarital fathers to their children quicken? Is it only upon the father's establishment of a substantial economic and emotional relationship with his child? Do such fathers' interests gel only after the ink has dried on an order or affidavit in which paternity is established or acknowledged? Do there fundamental rights lie inchoate in the beating hearts of the newborn or gestating child? How should the law regard the role of the nonmarital father in the adoption context? Should there be one standard for all or two-one for fathers of infants and another for fathers or …

Development Of A Novel Method For Assessing Balance: The Quantitative Posturography System, Jacinta Browne, Neil O'Hare

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Balance is the ability to maintain equilibrium while sitting or standing. There are a number of different methods, which are used to assess balance: technical methods such as Sway Magnetometry, Ataxia Meter and Force Platforms and clinical methods such as Functional Reach Test, Berg Balance Test and Fall Risk Index. The most frequently used technical method is the force platform. There are two types of Force Platform a static and a dynamic Force Platform of which the dynamic Force Platform has been found to be more sensitive at detecting impaired balance. The Quantitative Posturography System (QPS) described in this paper …

Development Of A Quality Control Procedure For Force Platforms, Jacinta Browne, Neil O'Hare

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A force platform is a technical method of quantitatively assessing balance indirectly. The use of force platforms in physiotherapy departments has become more prominent over the last few years. However, the main drawback in the use of force platforms is the lack of comprehensive calibration procedures, which casts doubt on the results obtained with these systems. Existing calibration tests are limited to testing the spatial accuracy of the force platform. This paper describes a comprehensive quality control test procedure which was developed. It is proposed that the developed quality control test procedure could be used to test all types of …

Constructing Solidarity: Interest And White Workers, Martha R. Mahoney

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No abstract provided.

Laidlaw And The Clean Water Act: Standing In The Bermuda Triangle Of Injury In Fact, Environemntal Harm, And Mere Permit Exceedances, Alberto B. Lopez

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No abstract provided.

Making Bricks Without Straw: The Naacp Legal Defense Fund And The Development Of Civil Rights Law In Alabama 1940-1980, U. W. Clemon, Bryan K. Fair

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No abstract provided.

Environmental Law And International Assistance: The Challenge Of Strengthening Environmental Law In The Developing World, William L. Andreen

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All too often there is a disturbing gap between what governments say and what governments do The same appears to be true for international donors During the past 10 years the developing world has been awash with donorfunded national environmental action plans and national environmental programs national conservation strategies national biodiversity strategies national agricultural programs and national forestry action plans These documents generally recognize that longterm economic development can only be sustained on an ecologically sound base Many also purport to recognize that the policies and strategies that they set forth will remain empty pronouncements unless appropriate laws and institutional …

Typical Friedreich’S Ataxia Without Gaa Expansions And Gaa Epansions Wthout Typical Friedreich’S Ataxia, Dominick Mccabe, Fergus Ryan, D. Moore, Shirley Mcquaid, M. King, A. Kelly, K. Daly, David Barton, R. Murphy

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We clinically assessed and performed polymerase chain reaction analysis for the GAA trinucleotide repeat expansion in 103 patients from 73 families in Ireland, with a prior clinical diagnosis of Friedreich’s ataxia (FA) or an unclassified progressive ataxic syndrome. The patients were classified as “typical” or “atypical” FA according to Harding’s mandatory clinical diagnostic criteria. All patients underwent blood glucose analysis, and electrocardiography and echocardiography was performed in 99 and 101 patients, respectively. Mutation screening for expanded CAG trinucleotide repeats, associated with spinocerebellar ataxia (SCA) 1, 2, 3 and 6 was performed in 86 patients overall, including all GAA negative patients. …

Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg

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As public and private sector initiatives race to complete the sequence of the human genome, patent issues have played a prominent role in speculations about the significance of this achievement. How much of the genome will be subject to the control of patent holders, and what will this mean for future research and the development of products for the improvement of human health? Is a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claims to the genome on behalf of the many sequential innovators who elucidate its sequence …

The Most Creative Moments In The History Of Environmental Law: "The Whats", William H. Rodgers, Jr.

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In preparation for this symposium piece, Professor Rodgers asked a number of his colleagues active in the field of environmental law to identify what they considered to be the most creative moments in the history of environmental law. He gave no specific instructions with his request other than providing a definition of what he considered to be a creative moment: "A legal initiative that advances environmental law with a new level of analysis, new structure, or new institutional bridge. "

This article is a compilation of the numerous responses the author received. The responses formulate a detailed and informative description …