Digital Commons Network^™

Federalism And Drug Control, Michael M. O'Hear

Faculty Publications

No abstract provided.

Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes

Faculty Publications

This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.

Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear

Faculty Publications

No abstract provided.

Multiculturalism And The Future Of Tribal Sovereignty, Scott C. Idleman

Faculty Publications

American Indian tribes would appear to be natural constituents and beneficiaries of the multiculturalism movement. Their members are generally conceptualized as racial or ethnic minorities; they have endured social and legal oppression and continue to encounter structural and even intentional discrimination; and, not least importantly, they possess genuinely different cultures and consequently add diverse perspectives to society. Despite this apparent fit, this Article questions the extent to which tribes and tribal members actually should align themselves with multicultural proponents and initiatives. The basis for this inquiry is that, unlike other societal subgroups, each recognized tribe is a distinct geopolitical entity …

Taking And Using Depositions Before Action Or Pending Appeal In Federal Court, Jay E. Grenig

Faculty Publications

No abstract provided.

Lessons From Juvenile Justice History In The United States, Douglas E. Abrams

Faculty Publications

Properly understood, “juvenile justice” encompasses all four primary categories of juvenile court jurisdiction - - abuse and neglect, adoption, status offenses and delinquency. I will concentrate today on delinquency - - what states have done with * children found to have committed acts that would be crimes if committed by adults.

Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary M. Beck

Faculty Publications

The University of Missouri (“MU”) sits in the picturesque college town of Columbia on the largest and oldest campus of the Missouri University system. MU is a land grant institution created with funds and land appropriated by the Morrill Acts of 1862 and 1890. The University “honors [that public trust] and accepts the associated accountability” by acquiring, creating, transmitting, and preserving knowledge. “MU's primary mission in research and doctoral education . . . provides the basis for service to the people of [Missouri] via outreach programs.” Domestic violence impacts MU's land grant influenced service mission. Its organizational departments, educational units, …

Ending Social Work's Grudge Match: Problems Versus Strengths, J. Curtis Mcmillen, Lisa A. Morris Phd, Michael Sherraden

Faculty Publications

Some in social work have called for a paradigm shift away from a focus on problems to a focus on strengths, empowerment, and capacity building. This call sets up an unnatural dichotomy, asking social workers to identify with one side or another. In this article, we review social work history to argue that the best social work practice has always maintained a dual focus on both problems and capacity building. Throughout our history, those who championed a problem-oriented practice also emphasized strengths and growing client capacity, and today's strength-based, capacity-oriented practitioners typically advocate for the solving of consumer's presenting problems.

The Ethics Of Using Judges To Conceal Wrongdoing, John P. Freeman

Faculty Publications

No abstract provided.

Instruct The Jury: Crane's Serious Difficulty Requirement & Due Process, Kenneth Gaines

Faculty Publications

No abstract provided.

Book Review Of The Home Office And The Dangerous Trades: Regulating Occupational Disease In Victorian And Edwardian Britain, Michael Ashley Stein

Faculty Publications

No abstract provided.

Generalizing Disability, Michael Ashley Stein

Faculty Publications

No abstract provided.

Traditional Marriage: Still Worth Defending, George W. Dent

Faculty Publications

A few years ago, I wrote an article entitled The Defense of Traditional Marriage.1 I began with the topic of same-sex marriage but soon saw that all the arguments for gay marriage were also arguments for polygamy, endogamy (or incestuous marriage), etc., so the article became a defense of traditional marriage against all these other types. The pertinent law and jurisprudence are constantly changing, so this conference offers an excellent opportunity to reconsider my views in light of new learning and thinking. A review shows the case for traditional marriage is even stronger now than it was before. As evidence …

Taking Another Ride On Flopper: Benjamin Cardozo, Safe Space, And The Cultural Significance Of Coney Island, Robert N. Strassfeld

Faculty Publications

This article examines the history and cultural meaning of Coney Island and its amusement parks, as well as Cardozo's biography, in an effort to discover the basis for that feeling of contempt. It shows that a variety of attributes of Coney Island, most notably its embrace of what was, for its day, a robust and open sexuality and carnival spirit, were alien and threatening to Cardozo's Victorian values. It also shows how this clash of values would have naturally inclined Cardozo to think of Coney Island as a dangerous place and led him to Murphy's assumption of risk analysis. It …

Is There A Place For Race As A Legal Concept, Sharona Hoffman

Faculty Publications

What does "race" mean? The word "race" is omnipresent in American social, political, and legal discourse. The concept of "race" is central to contemporary debate about affirmative action, racial profiling, hate crimes, health inequities, and many other issues. Nevertheless, the best research in genetics, medicine, and the social sciences reveals that the concept of "race" is elusive and has no reliable definition.

This article argues that "race" is an unnecessary and potentially pernicious concept. As evidenced by the history of slavery, segregation, the Holocaust, and other human tragedies, the idea of "race" can perpetuate prejudices and misconceptions and serve as …

The Fable Of Federal Regulation: Reconsidering The Federal Role In Environmental Protection, Jonathan H. Adler

Faculty Publications

This essay posits that many federal environmental laws were adopted for the wrong rea- sons. Further, it suggests that environmental protections could be improved if more policy decisions were left in the hands of state and local governments.

Good Enough To Use For Research, But Not Good Enough To Benefit From The Results Of That Research: Are The Clinical Hiv Vaccine Trials In Africa Unjust?, Ruqaiijah Yearby

Faculty Publications

The epidemic of the Human Immunodeficiency Virus (HIV) infection in Sub-Saharan Africa, the region most affected by the HIV pandemic and where HIV is the leading cause of death, is reaching insurmountable proportions. In fact, out of the 36.1 million HIV infections worldwide, 25.3 million, seventy percent, are in Sub-Saharan Africa. Additionally, of the more than 15,000 people who are infected with HIV every day, ninety-five percent of the cases are in populations that live in developing countries such as those located in Sub-Saharan Africa. Due to the significant number of Africans infected with HIV, many researchers and ethicists have …

‘Lose In Vietnam, Bring Our Boys Home’, Robert N. Strassfeld

Faculty Publications

This Article examines the contest over dissent and loyalty during the Vietnam War. The Johnson and Nixon Administrations used an array of weapons to discourage or silence antiwar opposition. These included criminal prosecutions for "disloyal speech," a tool that they used with less frequency than some other administrations in times of war; prosecutions for other "crimes" that served as pretext for prosecuting disloyal speech; infiltration and harassment; and an attempt to characterize their critics as disloyal. The antiwar movement, in turn, responded to allegations that dissent equaled disloyalty by offering an alternative vision of loyalty and patriotism. In so doing, …

Maternity Leave Under The Fmla: An Analysis Of The Litigation Experience , Rafael Gely, Timothy D. Chandler

Faculty Publications

We begin with a brief description of trends in female labor force participation and the presence of dual-earner households in the U.S. labor market, conditions which likely led to the need for family and medical leave legislation. We then review various practices that business and government organizations have implemented to balance work and family conflicts, as well as related features of the FMLA, particularly those pertaining to childbirth and adoption. With this background in place, we introduce a framework for examining FMLA litigation. We then review cases litigated in federal court under the FMLA involving requests for family leave due …

Avoiding Regulatory Mismatch In The Workplace: An Informational Approach To Workplace Safety Regulation, Thom Lambert

Faculty Publications

The purpose of this article is to do just that. As it turns out, there is fertile middle ground between the pure libertarian “do nothing” approach and the paternalistic command-and-control approach OSHA tends to favor. Even the middle ground “information-provision” approach a number of theorists have advocated (in imprecise terms) could be implemented several different ways, some of which would be more effective than others. It is therefore possible to make some systematic policy prescriptions that may aid regulators attempting to avoid regulatory mismatch.In the course of exploring the range of regulatory options, this article attempts to make several contributions …

With And Without Boundaries: Christian Homemaking Amidst Postmodern Homelessness, Brian J. Walsh, Steven C. Bouma-Prediger

Faculty Publications

No abstract provided.

Toxicity And Behavioral Effects Of Nootkatone, 1,10-Dihydronootkatone, And Tetrahydronootkatone To The Formosan Subterranean Termite (Isoptera: Rhinotermitidae), Sanaa A. Ibrahim, Gregg Henderson, Betty C.R. Zhu, Huixin Fei, Roger A. Laine

Faculty Publications

Toxicity and behavioral effects of nootkatone and two of its derivatives, 1,10-dihydronootkatone and tetrahydronootkatone, to Coptotermes formosanus Shiraki were investigated on workers from two different colonies by using topical application assays, repellency assays, and sand barrier assays. The acute toxicity of the nootkatones on workers from both colonies increased as the saturation of the molecule increased, but the difference was significant for only one colony. The results of the repellency assays showed a similar trend of efficiency; the threshold concentration for significant repellency was four-fold higher in nootkatone treatments (50 ppm) than in the reduced derivatives 1,10-dihydronootkatone or tetrahydronootkatone (12.5 …

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Faculty Publications

This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?

Effect Of Dietary Phosphorus On Performance Of Lactating Dairy Cows: Milk Production And Cow Health, H. Lopez, F. D. Kanitz, V. R. Moreira, M. C. Wiltbank, L. D. Satter

Faculty Publications

The objective of this study was to measure cow response to feeding of two dietary concentrations of P, one of which was close to recent National Research Council requirements, and the other of which was well in excess of the requirement. Diets containing 0.37 or 0.57% P (dry basis) were fed to Holstein cows for the first 165 d of lactation, and occasionally longer until cows were confirmed pregnant approximately 60 d after insemination. At calving, cows were randomly assigned to experimental diets. The number of cows completing a minimum of 165 d of lactation was 123 for the 0.37 …

Reproductive Performance Of Dairy Cows Fed Two Concentrations Of Phosphorus, H. Lopez, F. D. Kanitz, V. R. Moreira, L. D. Satter, M. C. Wiltbank

Faculty Publications

The objective of this study was to determine the effect of dietary P concentrations of 0.37 (recommended) or 0.57% (excess; dry matter basis) on reproductive performance. At calving, Holstein cows were randomly assigned to 1 of 2 dietary treatments (n = 134 for 0.37% P and n = 133 for 0.57% P). Cows were fitted with a radiotelemetric transmitter (50 d in milk [DIM]) to record mounting activity during estrus and bred to natural estrus from 50 to 100 DIM, then to synchronized estrus (Ovsynch protocol) after 100 DIM. Weekly ultrasonography was performed from 50 DIM until pregnancy was diagnosed …

Retrotransposition Of Alu Elements: How Many Sources?, Richard Cordaux, Dale J. Hedges, Mark A. Batzer

Faculty Publications

It is generally thought that only a few Alu elements are capable of retrotransposition and that these 'master' sources produce inactive copies. Here, we use a network phylogenetic approach to demonstrate that recently integrated human-specific Alu subfamilies typically contain 10-20% of secondary source elements that contributed 20-40% of all subfamily members. This multiplicity of source elements provides new insight into the remarkably successful amplification strategy of the Alu family.

Effects Of Zinc And Sodium Monensin On Ruminal Degradation Of Lysine-Hci And Liquid 2-Hydroxy-4-Methylthiobutanoic Acid, H. G. Bateman, C. C. Williams, D. T. Gantt, Y. H. Chung, A. E. Beem, C. C. Stanley, G. E. Goodier, P. G. Hoyt, J. D. Ward, L. D. Bunting

Faculty Publications

Four nonlactating, mature, Holstein cows were fitted with ruminal cannula and used in a 4 x 4 Latin square-designed experiment to evaluate the impact of supplemental Zn and monensin on ruminal degradation of Lys and liquid 2-hydroxy-4-methylthiobutanoic acid (HMB). Cows were fed 4.54 kg (as fed) of alfalfa hay top-dressed with 4.54 kg (as fed) concentrate once daily. Concentrates were formulated to provide 0 or 500 mg/kg of Zn as ZnSO4 and 0 or 40 mg/kg of monensin in the total diet. Zinc supplementation provided approximately 22-fold greater dietary Zn than estimated by NRC requirements. On d 14 of each …

Effects Of Zinc And Sodium Monensin On Ruminal Degradation Of Lysine-Hci And Liquid 2-Hydroxy-4-Methylthiobutanoic Acid, H. G. Bateman, C. C. Williams, D. T. Gantt, Y. H. Chung, A. E. Beem, C. C. Stanley, G. E. Goodier, P. G. Hoyt, J. D. Ward, L. D. Bunting

Faculty Publications

Four nonlactating, mature, Holstein cows were fitted with ruminal cannula and used in a 4 x 4 Latin square-designed experiment to evaluate the impact of supplemental Zn and monensin on ruminal degradation of Lys and liquid 2-hydroxy-4-methylthiobutanoic acid (HMB). Cows were fed 4.54 kg (as fed) of alfalfa hay top-dressed with 4.54 kg (as fed) concentrate once daily. Concentrates were formulated to provide 0 or 500 mg/kg of Zn as ZnSO4 and 0 or 40 mg/kg of monensin in the total diet. Zinc supplementation provided approximately 22-fold greater dietary Zn than estimated by NRC requirements. On d 14 of each …

Damages As Narrative, Melody Richardson Daily

Faculty Publications

The traditional approach to legal instruction in America-the casebook method-requires students to read hundreds of appellate decisions, most of which include equally terse accounts of human suffering. How might this pedagogical approach affect future lawyers? Can reading a book like Damages help law students develop the ability to empathize with their clients?

Damages: Using A Case Study To Teach Law, Dispute Resolution, And Lawyering , Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin

Faculty Publications

Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this Symposium Introduction, the authors provide a summary of Werth's book, explain why they decided to create a course based on his …