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A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah Yearby Jan 2006

A Right To No Meaningful Review Under The Due Process Clause: The Aftermath Of Judicial Deference To The Federal Administrative Agencies, Ruqaiijah Yearby

Faculty Publications

The Due Process Clause of the Fifth Amendment has been perverted in the federal administrative system. For example, federal agencies, such as the U.S. Department of Health and Human Services (HHS), regularly deprive individuals of liberty and property with little to no review. In its regulation of the health care industry through the Medicare program, HHS often turns a blind eye to procedural Due Process protections, such as providing individuals an opportunity to challenge the deprivation of property at a hearing, even though the Constitution, the Administrative Procedure Act, and the Medicare Act grant these protections. The Medicare compliance hearing …

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Frank Meyer: The Fusionist As Federalist, Publius, Jonathan H. Adler Jan 2006

Frank Meyer: The Fusionist As Federalist, Publius, Jonathan H. Adler

Faculty Publications

Frank S. Meyer played a central role in defining the post-war American conservative movement. Through his writings and political activities, he defined and defended an ideological "fusion" of traditional conservative principles and libertarian political beliefs. While concerned with maintenance of an objective moral order and the pursuit of virtue in the individual, Meyer argued that the freedom of the person is the central and primary end of political society. The American system of government, with its horizontal and vertical separations of power, came closer than any political system in history to providing the protection for individual liberties necessary for the …

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Science, Politics, And Reproductive Rights Introduction, Health Matrix: Journal Of Law-Medicine - Introduction, B. Jessie Hill Jan 2006

Science, Politics, And Reproductive Rights Introduction, Health Matrix: Journal Of Law-Medicine - Introduction, B. Jessie Hill

Faculty Publications

Introduction to the Symposium: Science, Politics, and Reproductive Rights, Cleveland, Ohio.

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The Model Federal Sentencing Guidelines Project: A Simplified Economic Crimes Guideline, Model Sentencing Guidelines §2b1.1, Frank O. Bowman Iii Jan 2006

The Model Federal Sentencing Guidelines Project: A Simplified Economic Crimes Guideline, Model Sentencing Guidelines §2b1.1, Frank O. Bowman Iii

Faculty Publications

This Article is the third of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at http://ssrn.com/abstract=927929.

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The Ambiguous Meaning Of Human Conception, Philip G. Peters Jr. Jan 2006

The Ambiguous Meaning Of Human Conception, Philip G. Peters Jr.

Faculty Publications

Nearly all of the state and federal laws that treat embryos as persons contain a fundamental ambiguity. Contrary to common belief, there is no "moment" of conception. Instead, conception is a forty-eight hour process, during which the haploid genomes of the sperm and egg are gradually and precisely transformed into the functioning diploid genome of a new human embryo. During that two-day period, many common clinical and laboratories activities take place, including the culling of unsuitable embryos, the freezing of others, and the testing of embryos for genetic abnormalities. The legal status of these activities will turn on the point …

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Plasmid-Mediated High-Level Gentamicin Resistance Among Enteric Bacteria Isolated From Pet Turtles In Louisiana, María Alejandra Díaz, Richard Kent Cooper, Axel Cloeckaert, Ronald John Siebeling Jan 2006

Plasmid-Mediated High-Level Gentamicin Resistance Among Enteric Bacteria Isolated From Pet Turtles In Louisiana, María Alejandra Díaz, Richard Kent Cooper, Axel Cloeckaert, Ronald John Siebeling

Faculty Publications

The sale of small turtles is banned by the Food and Drug Administration from the U.S. market due to concerns about their excretion of Salmonella spp. To produce a safe pet for the export market, the Louisiana pet turtle industry uses gentamicin sulfate baths (1,000 μg/ml) to eradicate Salmonella spp. from turtle eggs. In 1999, we analyzed bacterial samples recovered from turtle farms and found that strains of Salmonella enterica subsp. arizonae and other bacteria, such as Enterobacter cloacae, Citrobacter freundii, Pseudomonas aeruginosa, and Stenotrophomonas maltophilia, were resistant to high concentrations of gentamicin (>2,000 μg/ml) and to other aminoglycosides. …

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Effect Of Scraping Frequency In A Freestall Barn On Volatile Nitrogen Loss From Dairy Manure, V. R. Moreira, L. D. Satter Jan 2006

Effect Of Scraping Frequency In A Freestall Barn On Volatile Nitrogen Loss From Dairy Manure, V. R. Moreira, L. D. Satter

Faculty Publications

The objective of this investigation was to evaluate the effect of scraping frequency (2× vs. 6× daily) on N volatilization from manure on the floor of a dairy free-stall barn. Three trials (crossover design) were conducted in the summers of 2001 and 2002, and in the winter of 2003. Nitrogen volatilization was estimated from the change in the N:P ratio in excreta at the time of excretion to the time when manure was scraped from the barn. Total N loss was considered a maximum estimate of NH3-N loss, because small amounts of nonammonia N may be volatilized. Nitrogen was determined …

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Effects Of Methionine And Lysine On Fermentation In Vitro And In Vivo, Nutrient Flow To The Intestine, And Milk Production, Y. H. Chung, H. G. Bateman, C. C. Williams, C. C. Stanley, D. T. Gantt, T. W. Braud, L. L. Southern, J. D. Ward, P. G. Hoyt, G. A. Sod Jan 2006

Effects Of Methionine And Lysine On Fermentation In Vitro And In Vivo, Nutrient Flow To The Intestine, And Milk Production, Y. H. Chung, H. G. Bateman, C. C. Williams, C. C. Stanley, D. T. Gantt, T. W. Braud, L. L. Southern, J. D. Ward, P. G. Hoyt, G. A. Sod

Faculty Publications

Three experiments were conducted to investigate the feasibility of using crystalline methionine and lysine as protein supplements for lactating Holstein cows. In the first experiment, Met (DL-methionine) and Lys (L-lysine-HCl) were added to diets used in continuous culture bioreactors to estimate optimal concentrations for use in subsequent in vivo experiments. The second experiment measured ruminal fermentation and nutrient flow to the small intestine when Met and Lys were top-dressed on diets fed to nonlactating cows. The third experiment measured lactation performance when Met and Lys were added to diets fed to late-lactation cows. Providing 0.29 and 2.27% of dry matter …

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Insufficient Causes, David A. Fischer Jan 2006

Insufficient Causes, David A. Fischer

Faculty Publications

This article analyzes a difficult causation question. If a force is not independently sufficient to bring about an injury, under what circumstances should a court find the force to be a cause of the injury? The question has practical importance. It frequently arises in litigation involving toxic torts and products liability failure to warn. The article includes a critique of the NESS test of causation as it pertains to this issue. This article explores this weakness of the NESS test in the context of insufficient causes, and offers important new insights with respect to the limitations of the NESS test. …

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Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben Jan 2006

Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben

Faculty Publications

Many people assume that arbitration is private and confidential. But is that assumption accurate? This article is the first to explore that question in the important context of whether arbitration communications can be discovered and admitted into evidence in other legal proceedings - a question that is just beginning to show up in the cases. It first surveys the federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and admissible. It then considers the normative desirability of discovering and admitting arbitration communications evidence, concluding that the free discovery and admissibility of arbitration communications …

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Untangling The Privacy Paradox In Arbitration, Amy J. Schmitz Jan 2006

Untangling The Privacy Paradox In Arbitration, Amy J. Schmitz

Faculty Publications

Arbitration is private but not secret. This truism regarding arbitration seems contradictory and nonsensical. However, common understandings of privacy in arbitration often lull individuals into assuming personal information revealed in arbitration may not become public. They assume privacy and confidentiality are synonymous. The reality is that arbitration is private but not necessarily confidential, or secret. This is the privacy paradox: it defies common conceptions of arbitration's secrecy, but is nonetheless true. This paradox is problematic because it leads to shortsighted contracting and simplistic assumptions about arbitral justice. Moreover, it may foster injustice when repeat players unduly benefit from unpublished awards …

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Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff Jan 2006

Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff

Faculty Publications

In practice, the right to adequate defense counsel in the United States is disturbingly unequal. Only some American criminal defendants actually receive the effective assistance of counsel. Although some indigent defendants are afforded zealous, effective representation, many indigent defendants and almost all of the working poor are not. The quality of representation a defendant receives generally is a product of fortuity, of economic status, and of the jurisdiction in which he or she is charged. For many defendants, the assistance of counsel means little more than counsel's help in facilitating a guilty plea. With luck, money, and location primarily determining …

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Katrina And The Rhetoric Of Federalism, Christina E. Wells Jan 2006

Katrina And The Rhetoric Of Federalism, Christina E. Wells

Faculty Publications

The public's desire to assign blame for government's inadequate response to Hurricane Katrina has largely focused on the federal government's slow and seemingly inept response to the storm. In their own defense, federal officials cast federalism--the system that divides power among federal, state, and local governments--as the main culprit underlying their inadequate response to hurricane victims. Had power and authority not been split among three different units of government, the argument goes, the federal government might have been able to act more quickly to save lives and prevent suffering. In effect, federal authorities claim to have been hamstrung by a …

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Cia V. Sims: Mosaic Theory And Government Attitude, Christina E. Wells Jan 2006

Cia V. Sims: Mosaic Theory And Government Attitude, Christina E. Wells

Faculty Publications

In CIA v. Sims, the United States Supreme Court held that the CIA could withhold information about controversial government-sponsored psychological experiments in response to Freedom of Information Act (FOIA) requests. The Court reasoned that the requested information would reveal intelligence sources related to national defense, which were specifically protected from disclosure under the National Security Act of 1947. Accordingly, the Court concluded that the CIA could refuse to disclose the information under FOIA Exemption 3, which allows withholding of information “specifically exempted from disclosure by statute.” Numerous scholars assailed Sims, arguing that the Court's broad reading of the National Security …

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Increasing Body Mass Index And Obesity In The Incident Esrd Population, Holly J. Kramer, Anand Saranathan, Amy Luke, Ramone A. Durazo-Arvizu, Cao Guichan, Susan Hou, Richard Cooper Jan 2006

Increasing Body Mass Index And Obesity In The Incident Esrd Population, Holly J. Kramer, Anand Saranathan, Amy Luke, Ramone A. Durazo-Arvizu, Cao Guichan, Susan Hou, Richard Cooper

Faculty Publications

An increase in obesity prevalence among patients who initiate dialysis may influence the growth of the total ESRD population as a result of improved survival and decreased likelihood for transplantation. Temporal trends in mean body mass index (BMI) and obesity prevalence were examined among incident patients with ESRD by year of dialysis initiation between 1995 and 2002, and these trends were compared with those in the US population during this same period. Among incident dialysis patients, BMI was calculated with the height and estimated dry weight collected from the Centers for Medicare and Medicaid Services End-Stage Renal Disease Medical Evidence …

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A Spectrum Of Pcsk9 Alleles Contributes To Plasma Levels Of Low-Density Lipoprotein Cholesterol, Ingrid K. Kotowski, Alexander Pertsemlidis, Amy Luke, Richard S. Cooper, Gloria L. Vega, Jonathan C. Cohen, Helen H. Hobbs Jan 2006

A Spectrum Of Pcsk9 Alleles Contributes To Plasma Levels Of Low-Density Lipoprotein Cholesterol, Ingrid K. Kotowski, Alexander Pertsemlidis, Amy Luke, Richard S. Cooper, Gloria L. Vega, Jonathan C. Cohen, Helen H. Hobbs

Faculty Publications

Selected missense mutations in the proprotein convertase subtilisin/kexin type 9 serine protease gene (PCSK9) cause autosomal dominant hypercholesterolemia, whereas nonsense mutations in the same gene are associated with low plasma levels of low-density lipoprotein cholesterol (LDL-C). Here, DNA sequencing and chip-based oligonucleotide hybridization were used to determine whether other sequence variations in PCSK9 contribute to differences in LDL-C levels. The coding regions of PCSK9 were sequenced in the blacks and whites from the Dallas Heart Study (n = 3,543) who had the lowest (percentile) and highest (>95 th percentile) plasma levels of LDL-C. Of the 17 missense variants identified, …

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An Updated Meta-Analysis Of Genome Scans For Hypertension And Blood Pressure In The Nhlbi Family Blood Pressure Program (Fbpp), Xiaodong Wu, Donghui Kan, Michael Province, Tom Quertermous, D. C. Rao, Christy Chang, Thomas H. Mosley, David Curb, Eric Boerwinkle, Richard S. Cooper Jan 2006

An Updated Meta-Analysis Of Genome Scans For Hypertension And Blood Pressure In The Nhlbi Family Blood Pressure Program (Fbpp), Xiaodong Wu, Donghui Kan, Michael Province, Tom Quertermous, D. C. Rao, Christy Chang, Thomas H. Mosley, David Curb, Eric Boerwinkle, Richard S. Cooper

Faculty Publications

A meta-analysis of the results from a multicenter genome-wide linkage study for hypertension and blood pressure (BP) based on an initial sample of 6,245 individuals was published in 2003. We report here a combined linkage analysis of hypertension and BP using the complete Family Blood Pressure Program (FBPP) dataset, which includes a total of 12,028 genotyped individuals. Genome-wide linkage analyses for hypertension and BP were first performed in each of the studied ethnic group within each network and the results were combined with a meta-analysis using a modified Fisher's method of combining P values. Our meta-analysis of genome scans for …

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Cardiovascular Disease And Associated Risk Factors In Cuba: Prospects For Prevention And Control, Richard S. Cooper, Pedro Orduñez, Marcos D.Iraola Ferrer, Jose Luis Bernal Munoz, Alfredo Espinosa-Brito Jan 2006

Cardiovascular Disease And Associated Risk Factors In Cuba: Prospects For Prevention And Control, Richard S. Cooper, Pedro Orduñez, Marcos D.Iraola Ferrer, Jose Luis Bernal Munoz, Alfredo Espinosa-Brito

Faculty Publications

Objectives. An adequate description of the trends in cardiovascular disease (CVD) is not available for most of the developing world. Cuba provides an important exception, and we sought to use available data to offer insights into the changing patterns of CVD there. Methods. We reviewed Cuban public health statistics, surveys, and reports of health services. Results. CVD has been the leading cause of death since 1970. A 45% reduction in heart disease deaths was observed from 1970 to 2002; the decline in stroke was more limited. There are moderate prevalences of all major risk factors. Conclusions. The Cuban medical care …

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Chronic Aspiration Of Gastric Fluid Accelerates Pulmonary Allograft Dysfunction In A Rat Model Of Lung Transplantation, Matthew G. Hartwig, James Z. Appel, Bin Li, Chong Chao Hsieh, Yong Han Yoon, Shu S. Lin, William Irish, William Parker, R. Duane Davis Jan 2006

Chronic Aspiration Of Gastric Fluid Accelerates Pulmonary Allograft Dysfunction In A Rat Model Of Lung Transplantation, Matthew G. Hartwig, James Z. Appel, Bin Li, Chong Chao Hsieh, Yong Han Yoon, Shu S. Lin, William Irish, William Parker, R. Duane Davis

Faculty Publications

Objective: Emerging clinical evidence suggests that gastroesophageal reflux disease is associated with pulmonary allograft dysfunction. In this study, we used a model of rat lung transplantation to test the hypothesis that chronic aspiration of gastric contents accelerates pulmonary allograft dysfunction. Methods: We evaluated the effects of chronic aspiration on pulmonary isografts (strain F344) and pulmonary allografts (strain WKY to strain F344). Chronic aspiration consisted of 0.5 mL/kg of filtered gastric contents injected weekly into the left lung for 4 to 8 weeks beginning 1 week after transplantation. Seven days after the last aspiration, animals were killed, and grafts were evaluated …

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Human Genomic Deletions Mediated By Recombination Between Alu Elements, Shurjo K. Sen, Kyudong Han, Jianxin Wang, Jungnam Lee, Hui Wang, Pauline A. Callinan, Matthew Dyer, Richard Cordaux, Ping Liang, Mark A. Batzer Jan 2006

Human Genomic Deletions Mediated By Recombination Between Alu Elements, Shurjo K. Sen, Kyudong Han, Jianxin Wang, Jungnam Lee, Hui Wang, Pauline A. Callinan, Matthew Dyer, Richard Cordaux, Ping Liang, Mark A. Batzer

Faculty Publications

Recombination between Alu elements results in genomic deletions associated with many human genetic disorders. Here, we compare the reference human and chimpanzee genomes to determine the magnitude of this recombination process in the human lineage since the human-chimpanzee divergence ∼6 million years ago. Combining computational data mining and wet-bench experimental verification, we identified 492 human-specific deletions (for a total of ∼400 kb) attributable to this process, a significant component of the insertion/deletion spectrum of the human genome. The majority of the deletions (295 of 492) coincide with known or predicted genes (including 3 that deleted functional exons, as compared with …

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Avian Influenza (H5n1) And The Evolutionary And Social Ecology Of Infectious Disease Emergence, Durrell D. Kapan, Shannon N. Bennett, Brett N. Ellis, Jefferson Fox, Nancy D. Lewis, James H. Spencer, Sumeet Saksena, Bruce A. Wilcox Jan 2006

Avian Influenza (H5n1) And The Evolutionary And Social Ecology Of Infectious Disease Emergence, Durrell D. Kapan, Shannon N. Bennett, Brett N. Ellis, Jefferson Fox, Nancy D. Lewis, James H. Spencer, Sumeet Saksena, Bruce A. Wilcox

Faculty Publications

No abstract provided.

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Case Study: Cholera, Edward Laws Jan 2006

Case Study: Cholera, Edward Laws

Faculty Publications

No abstract provided.

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In A Pig's Eye: Masculinity, Mastery, And The Returned Gaze Of The Blithedale Romance, David Greven Jan 2006

In A Pig's Eye: Masculinity, Mastery, And The Returned Gaze Of The Blithedale Romance, David Greven

Faculty Publications

No abstract provided.

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Woman- Centered Post-Abortion Care In Public Hospitals In Tucuman, Argentina: Assessing Quality Of Care And Its Link To Human Rights, Rodolfo Gomez Ponce De Leon Phd, Deborah Lynn Billings Phd, Karina Barrionuevo Jan 2006

Woman- Centered Post-Abortion Care In Public Hospitals In Tucuman, Argentina: Assessing Quality Of Care And Its Link To Human Rights, Rodolfo Gomez Ponce De Leon Phd, Deborah Lynn Billings Phd, Karina Barrionuevo

Faculty Publications

Unsafe abortion is a major public health and human rights problem in
Argentina. Implementation of a woman-centered post-abortion care
(PAC) model is one strategy to improve the situation. The quality of PAC
services was measured in three public hospitals in Tucumin, a province
with high levels of poverty and maternal mortality due to unsafe abortion.
Overall, the quality of PAC services was found to be poor. Women
do not receive services in a manner that respects their human rights, in
particular their rights to health and health care, information, and to the
benefits of scientific progress. Findings from the evaluation …

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Woman-Centered Post-Abortion Care In Public Hospitals In Tucumán, Argentina: Assessing Quality Of Care And Its Link To Human Rights, Rodolfo Gómez Ponce De León, Deborah Lynn Billings, Karina Barrionuevo Jan 2006

Woman-Centered Post-Abortion Care In Public Hospitals In Tucumán, Argentina: Assessing Quality Of Care And Its Link To Human Rights, Rodolfo Gómez Ponce De León, Deborah Lynn Billings, Karina Barrionuevo

Faculty Publications

Unsafe abortion is a major public health and human rights problem in Argentina. Implementation of a woman-centered post-abortion care (PAC) model is one strategy to improve the situation. The quality of PAC services was measured in three public hospitals in Tucumán, a province with high levels of poverty and maternal mortality due to unsafe abortion. Overall, the quality of PAC services was found to be poor. Women do not receive services in a manner that respects their human rights, in particular their rights to health and health care, information, and to the benefits of scientific progress. Findings from the evaluation …

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The Constitutional Function Of Biological Paternity: Evidence Of The Biological Mother's Consent To The Biological Father's Co-Parenting Of Her Child, E. Gary Spitko Jan 2006

The Constitutional Function Of Biological Paternity: Evidence Of The Biological Mother's Consent To The Biological Father's Co-Parenting Of Her Child, E. Gary Spitko

Faculty Publications

This article argues that a father's biological connection to a child is constitutionally significant principally because it evidences the consent of the biological mother to the father's parental relationship with the child. The biological mother's consent is critical because she is the initial "constitutional parent." Her constitutional parental rights arise from her role nourishing the child in her womb and enduring the pain and danger of childbirth. This labor gives her a constitutionally protected voice in the child's upbringing including a right to decide generally who else shall be allowed to develop a parental relationship with the child. Only if …

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Judicial Review And The “Hard Look” Doctrine, Patrick Garry Jan 2006

Judicial Review And The “Hard Look” Doctrine, Patrick Garry

Faculty Publications

No abstract provided.

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Federalism’S Battle With History: The Inaccurate Associations With Unpopular Politics, Patrick Garry Jan 2006

Federalism’S Battle With History: The Inaccurate Associations With Unpopular Politics, Patrick Garry

Faculty Publications

No abstract provided.

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Accommodating The Administrative State: The Interrelationship Between The Chevron And Nondelegation Doctrines, Patrick Garry Jan 2006

Accommodating The Administrative State: The Interrelationship Between The Chevron And Nondelegation Doctrines, Patrick Garry

Faculty Publications

No abstract provided.

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A One-Sided Federalism Revolution: The Unaddressed Constitutional Compromise On Federalism And Individual Rights, Patrick Garry Jan 2006

A One-Sided Federalism Revolution: The Unaddressed Constitutional Compromise On Federalism And Individual Rights, Patrick Garry

Faculty Publications

No abstract provided.

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