Digital Commons Network^™

Concurrent Planning In Public Child Welfare Agencies: Oxymoron Or Work In Progress?, Amy C. D’Andrade, L Frame, J D. Berrick

Faculty Publications

Concurrent planning is used increasingly in child welfare practice as one strategy to expedite permanency for children. The strategy was developed in small, private agency contexts utilizing comprehensive and intensive services; how and with what success concurrent planning concepts have been implemented by large public child welfare bureaucracies is not known. This study examines the implementation of concurrent planning in six county child welfare agencies in a large western state. Quantitative data were extracted from case files of a sample of 885 children entering out-of-home care before and after implementation of concurrent planning legislation. Interviews and focus groups with 180 …

Heparin Modulates The 99-Loop Of Factor Ixa: Effects On Reactivity With Isolated Kunitz-Type Inhibitor Domains, Pierre F. Neuenschwander, Stephen R. Williamson, Armen Nalian, Kimberly J. Baker-Deadmond

Faculty Publications

Reactivity of factor IXa with basic pancreatic trypsin inhibitor is enhanced by low molecular weight heparin (enoxaparin). Previous studies by us have suggested that this effect involves allosteric modulation of factor IXa. We examined the reactivity of factor IXa with several isolated Kunitz-type inhibitor domains: basic pancreatic trypsin inhibitor, the Kunitz inhibitor domain of protease Nexin-2, and the first two inhibitor domains of tissue factor pathway inhibitor. We find that enhancement of factor IXa reactivity by enoxaparin is greatest for basic pancreatic trypsin inhibitor (>10-fold), followed by the second tissue factor pathway inhibitor domain (1.7-fold) and the Kunitz inhibitor …

Structure And Vibrational Spectra Of Mononitrated Benzo [A] Pyrenes., Kefa Karimu Onchoke, Christopher M. Hadad, Prabir K. Dutta

Faculty Publications

The molecules benzo[a]pyrene (BaP) and 1-, 3-, and 6-nitrobenzo[a]pyrene (1-NBaP, 3-NBaP, 6-NBaP) are currently of significant interest due to their presence in respirable combustion exhaust particulates and their mutagenic and carcinogenic properties. Structure−function correlations as well as spectroscopic signatures for trace analysis are necessary for these benzo[a]pyrene derivatives. In this paper, detailed infrared and Raman spectroscopic data of BaP and its three mononitrated isomers are provided for the first time. By utilizing density functional theory (DFT, B3LYP method with 6-311+G** basis set), the molecular geometries and the vibrational spectra are calculated. Good agreement is …

Asking The Straight Question: How To Come To Speech In Spite Of Conceptual Liquidation As A Homosexual, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Note: Legal Excisions: The Rights Of Foreigners In Japan, Timothy Webster

Faculty Publications

This article examines various moments in the constitutional rights of foreigners in Japan. Beginning with the drafting of the Japanese Constitution, it shows how Japanese members of the drafting committee did not passively accept whatever their American counterparts “foisted” on them, but quite deliberately sculpted and limited the reach of the Constitution through word choice and selective translation. It then examines several lawsuits, from the 1970s to the 2000s, where foreigners have asserted various rights in Japanese courts. In the absence of constitutional rights, foreigners must rely on Japanese statutory law, guided by international law, to buttress their claims to …

Toxic Torts, Autism, And Bad Science: Why The Courts May Be Our Best Defense Against Scientific Relativism, Joelle A. Moreno

Faculty Publications

No abstract provided.

The Effect Of Carbon Revenues On The Rotation And Profitability Of Loblolly Pine Plantations In East Texas, Ching Hsun Huang, Gary D. Kronrad

Faculty Publications

This study determined the profitability and financially optimal thinning and final harvest rotation of loblolly pine (Pinus taeda) managed exclusively for timber production or for dual products of timber production and carbon sequestration. The results suggest that 1) depending on landowner’s alternative rate of return, the inclusion of carbon revenues in forest management may shorten or prolong the optimal timber-carbon rotation length, compared to the optimal rotation that maximizes timber value only; 2) the effect of carbon revenues on the optimal rotation length and the percentage gain in soil expectation value is larger on low-productivity sites than on high-productivity sites, …

Characteristics Of Bark Beetle Infestations In East Texas During A Period Of Low Southern Pine Beetle Activity, David L. Kulhavy

Faculty Publications

The species composition nf southern pine bark beetle infestations was examined in east Texas in 1979, A total of 545 infestations were located in thirteen 18,000 acresurvey blocks. Ips spp, were observed in 98.9 of ihe infestations, with black turpentine beetles, Dendrnclonus lerebrans Olivier, present in 42.4 % ofthe infestations. Southern pine beetles, D. fronlulis Zimmemiann. were only observed in 11 infestations (2.0%), and were less abundant than other bark beetle species in these infestations. Almost 80% of the infestations were associated with a recognizable pre-disposing factor (lightning, fire, etc.). Most Infestations were small (less than six trees), though infestations …

Allostasis, Homeostasis, And The Costs Of Physiological Adaptation, Sarah C. Coste

Faculty Publications

Sarah Coste reviews Allostasis, Homeostasis, and the Costs of Physiological Adaptation (edited by Jay Schulkin) for the Quarterly Review of Biology.

Reconstructing The Development Of Eutrophication In Louisiana Salt Marshes, M L. Parsons, Q Dortch, R. Eugene Turner, N R. Rabalais, M L. Parsons

Faculty Publications

We collected sediment cores from three salt marsh ponds in coastal Louisiana to test the usefulness of proxies of eutrophication. One-centimeter increments of Pb-210- and Cs-137-dated sediment were analyzed for diatoms, pigments (phaeophytin and chlorophyll a), biogenic silica, percentage organic matter, percentage carbon, and percentage nitrogen. Both sediment chlorophyll a and a diatom-based trophic index (TI) were significantly and positively correlated with riverine or local nutrient indices. Two diatom species, Amphora copulata Giffen and Navicula yarrensis Grunow, were significantly and negatively correlated with riverine and local nutrient indices. These results suggest that these variables can be used as potential indicators …

Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Presenting Will Contests, Judith G. Mcmullen

Faculty Publications

This Article focuses on post-mortem challenges to wills. All such will challenges involve a clash between the testator's stated intentions and the disappointed heirs' expectations and desires. While the legal issues may differ somewhat in individual cases, the claims are almost invariably the result of a disappointed heir feeling that she has been treated unfairly or has not received what she expected to receive. Rather than focusing on the technical issues of will drafting or execution, this Article reflects on the emotional causes of fighting over an estate and suggests some ways to reduce the family fighting and hard feelings …

Underage Drinking: Does Current Policy Make Sense?, Judith G. Mcmullen

Faculty Publications

This Article examines the history of laws and policies regulating consumption of alcoholic beverages by young people in the United States, and examines youth drinking patterns that have emerged over time. Currently, all 50 states have a minimum drinking age of 21. Various rationales are offered for the 21 drinking age, such as the claim that earlier drinking hinders cognitive functions, and the claim that earlier drinking increases the lifetime risk of becoming an alcoholic. While there is sufficient evidence to support the claim that it would be better for adolescents and young adults if they did not drink prior …

Criminal Violations Of Environmental Laws: Model Sentencing Guidelines §2e1, Michael M. O'Hear

Faculty Publications

No abstract provided.

Victims And Criminal Justice: What’S Next?, Michael M. O'Hear

Faculty Publications

No abstract provided.

Free Shoes For Primary And Secondary Schools: Playing By The Rules Of Title Ix, Patricia A. Cervenka

Faculty Publications

Many credit Title IX with providing opportunities for girls to participate in athletics in greater numbers. The National Federation of State High School Associations show that the number of girls participating increased from 294,015 in 1971-1972 to 2,908,390 in 2004-2005, almost a tenfold increase. In the same time period the number of boys participating increased by 443,000. Girls participation has dramatically increased so the big picture is focused. Now attention is being drawn to some of the smaller aspects of Title IX compliance.

Shoe deals sidestep rules on equality in schools. Thus ran the headline in the Oregonian. The journalist …

Tax Planning For Retirement, Vada Waters Lindsey

Faculty Publications

As increasing life expectancy and inflation diminish the purchasing power of retirement savings, careful tax planning to maximize funds available to seniors is necessary. Lindsey discusses the taxation of various types of retirement income including traditional and Roth IRAs and Social Security benefits, and explains how careful planning can reduce income and estate taxes. The disparate effects of state income and estate taxes are also explored.

When Does The Emergency Aid Exception Permit An Officer's Warrantless Entry Of A Home?, Jay E. Grenig

Faculty Publications

No abstract provided.

Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, Paul M. Secunda

Faculty Publications

Although ERISA expressly permits employers to act as both an employer/plan sponsor and fiduciary of an ERISA employee benefit plan, the statute does not address itself to whether corporate counsel should represent an employer in both of these capacities. Conflicts of interest frequently arise in this context because corporate officers have a fiduciary duty to act in the best interests of their shareholders, while ERISA plan fiduciaries have a duty to act in the best interests of the plan participants and beneficiaries.

Although the Model Rules speak generically of how to identify the client in corporate situations, and also of …

Of Gardens And Streets: A Differentiated Model Of Property In International And National Space Law, Kali Murray

Faculty Publications

No abstract provided.

Who Is An "Original Source" Under The False Claims Act?, Jay E. Grenig

Faculty Publications

No abstract provided.

One Judge's Journey, Janine P. Geske

Faculty Publications

No abstract provided.

The Case Against Smoking Bans, Thom Lambert

Faculty Publications

In recent months, numerous localities and states have banned smoking in public places (i.e., privately owned places to which members of the public are invited). Such sweeping bans are typically justified on grounds that they alleviate externalities, shape individuals' preferences in a desirable manner, and reduce risks. This essay rebuts the externality, preference-shaping, and risk-reduction arguments for smoking bans and contends that such bans are unnecessary and, on the whole, utility-reducing.

Gis-Based Analysis Of Ice-Breeding Seal Strandings In The Gulf Of Maine, David Harris Ph.D., Sat Gupta

Faculty Publications

Phoca groenlandica (harp seals) and Cystophora cristata (hooded seals), two species of ice-breeding seals, are being sighted more frequently onshore in the Gulf of Maine since 1990, but little is known about their behavior in this ecosystem. We obtained records of 904 ice-breeding seal stranding locations in the Gulf of Maine between 1996 and 2002 from NOAA Fisheries and used a geographic information system (GIS) to conduct group-wise comparisons by species (using non-parametric techniques), and to determine the predictors of high seal-stranding density (using ordinal logistic regression analysis). Compared to harp seals, hooded seals stranded closer to deep water, farther …

Cognitive Biases And Heuristics In Tort Litigation: A Proposal To Limit Their Effects Without Changing The World, John E. Montgomery

Faculty Publications

Behavioral studies indicate that individuals do not always make objective decisions about risk. Various cognitive biases and heuristics-- mental shortcuts everyone uses consciously or subconsciously to make decisions under conditions of uncertainty--introduce error and subjectivity. At one level, these studies merely confirm the obvious: individuals make decisions based on both reason and emotions. At another level, they may introduce serious complications into some types of legal analysis, which are based on the assumption that individuals are rational actors. The potential effects of erroneous decisions about risk are of particular concern in the area of tort law. Laboratory studies establish that …

Accessing The Internet Through The Neighbor's Wireless Internet Connection: Physical Trespass In Virtual Reality, Ned Snow

Faculty Publications

As wireless computer networks are becoming commonplace, so also is the practice of accessing the Internet through another's wireless network. The practice raises a simple question of law: Does accessing a wireless network, without express authorization, violate the property rights of the network operator? This Article argues that it does. A neighbor who intentionally accesses the Internet through a network operator's connection appears to trespass on physical property of the operator - the operator's router. Recent Internet jurisprudence suggests that the electronic signals that the neighbor sends through the router are sufficient to find trespassory physical contact. The same jurisprudence …

Using Focus Groups In The Consumer Research Phase Of A Social Marketing Program To Promote Moderate-Intensity Physical Activity And Walking Trail Use In Sumter County, South Carolina, Ericka L. Burroughs, Lara E. Peck, Patricia A. Sharpe, Michelle L. Granner, Carol A. Bryant, Regina Fields

Faculty Publications

Introduction: The use of social marketing approaches in public health practice is increasing. Using marketing concepts such as the "four Ps" (product, price, place, and promotion), social marketing borrows from the principles of commercial marketing but promotes beneficial health behaviors. Consumer research is used to segment the population and develop a strategy based on those marketing concepts. In a community-based participatory research study, 17 focus groups were used in consumer research to develop a social marketing program to promote walking and other moderate-intensity physical activities.

Methods: Two phases of focus groups were conducted. Phase 1 groups, which included …

Legislative Messaging And Bankruptcy Law, Lois R. Lupica, Karen Gross, Kathryn R. Heidt

Faculty Publications

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.

Appellate Review Of Discovery Orders In Federal Court: A Suggested Approach For Handling Privilege Claims, Cassandra Burke Robertson

Faculty Publications

The federal circuit courts of appeals have generally recognized that a party suffers real hardship when the district court erroneously orders it to disclose privileged information. Review of the disclosure order after final judgment is usually an insufficient remedy; once the information has been disclosed, it can never again be fully confidential. Consequently, the courts have struggled to provide a mechanism by which such orders can be immediately appealed. However, privilege orders presenting novel questions of law or issues of first impression do not clearly fit within the doctrinal requirements of the most common methods of interlocutory review. Appellate courts …

When Is Two A Crowd: The Impact Of Federal Action On State Environmental Regulation, Jonathan H. Adler

Faculty Publications

This article seeks to identify the ways in which federal actions can influence state regulatory choices in the context of environmental policy. The federal government may directly influence state policy choices by preempting state policies or by inducing state cooperation through the use of various incentives and penalties for state action. The federal government may indirectly, and perhaps unintentionally, influence state policy choices as well. Federal policies may encourage greater state regulation by reducing the costs of initiating regulatory action or by placing issues on state policy agendas. Federal regulation may also discourage or even "crowd-out" state-level regulatory action by …

Note, Sisyphus In A Coal Mine: Responses To Slave Labor In Japan And The United States, Timothy Webster

Faculty Publications

This Note argues that the recent wave of litigation brought by former Chinese slave laborers, while important in its own right, highlights the need for a more comprehensive solution. Although ideally the Japanese Diet will devise its own response to the problem of compensation, the experiences arising from the Holocaust litigation in the United States provide a meaningful yardstick for comparison. In the United States, a large-scale settlement scheme followed, and finalized, numerous lawsuits brought by former forced and slave laborers from World War II Europe. The American response, though based on different circumstances, led to a multibillion-dollar fund that …