Digital Commons Network^™

Zoning, Taking, And Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan

Faculty Publications

No abstract provided.

Optimal Bankruptcy In A Non-Optimal World, Richard M. Hynes

Faculty Publications

Consumer bankruptcy insures individuals against misfortune. Like other forms of insurance, bankruptcy reduces an individual's incentive to guard against misfortune and provides her with an incentive to overstate her need for relief. The "first-best," or optimal, bankruptcy system, like the first-best tax or public assistance system, solves these moral hazards without any loss of efficiency. In bankruptcy, this first-best approach would deny relief to debtors responsible for their own distress and reduce the deserving debtors' obligations to an amount commensurate with their ability to pay. While the Bankruptcy Code tries (in part) to follow this first-best approach, such a utopian …

Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Disease Management And Liability In The Human Genome Era, Larry I. Palmer

Faculty Publications

No abstract provided.

The Sec's Suspension And Bar Powers In Perspective, Jayne W. Barnard

Faculty Publications

Enron has brought about demands from many quarters to grant the Securities and Exchange Commission (SEC) new powers. Among the powers the SEC now seeks is the power to bar or suspend securities law violators from serving as an oflicer or director of any public company. Currently, the law assigns this power only to federal district courts. In this Essay, Professor Barnard traces the history of the current law; examining why Congress has expressly withheld suspension and bar powers from the SEC. She then argues that the courts have exercised their suspension and bar powers wisely, and that recent developments …

Book Review Of Mental Disability In Victorian England: The Earlswood Asylum 1847-1901, Michael Ashley Stein

Faculty Publications

No abstract provided.

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.

Foreword: The Promise And Peril Of Biotechnology, Joan H. Krause

Faculty Publications

No abstract provided.

The Social Welfare Of Advertising To Children, Dennis D. Crouch

Faculty Publications

The aim of this Comment is to approach the issue of advertising to children through an examination of economic incentives and efficiency. The Comment ultimately makes the claim that televised advertisement of products, such as junk food, directed toward children may be inefficient and tend to decrease social welfare. Although they may be compelling, this paper does not rely on the secondary negative externalities often associated with television, such as the cost of treating diabetes and heart disease. Rather, the inefficiency discussed in the Comment involves the informational qualities of advertising. Advertising directed towards young children can be thought of …

Cigarette Smoking And The Desire To Quit Among Individuals Living With Hiv, Edward M. Mamary, Darlene Bahrs, Sharon Martinez

Faculty Publications

Among individuals living with human immunodeficiency virus (HIV), studies have found that smokers are at greater risk than nonsmokers to develop bacterial pneumonia, oral lesions and acquired immune deficiency syndrome (AIDS) dementia complex. Information is lacking regarding the prevalence of cigarette smoking among people living with HIV or about their intentions to quit smoking. A survey was conducted with a sample of patients attending an HIV outpatient clinic at San Francisco General Hospital to assess the prevalence of cigarette smoking and the level of interest in quitting. In total, 228 assessments were completed. Study results revealed a high percentage of …

The Many Uses Of Digitized Oral History Collections: Implications For Design, Dagobert Soergel, Douglas W. Oard, Samuel Gustman, Lydia Fraser, Jinmook Kim, Joan Meyer, Elizabeth Proffen, Theresa Sartori

Faculty Publications

Oral history - and spoken word collections generally - are assuming increasing importance in digital libraries as the storage, transmission and reproduction infrastructure improves. This paper describes three synergistic approaches to user needs analysis, explains how they are being applied to guide the design of systems to provide access oral history collections (using a s test bed the Shoah Foundations collection of over 50,000 videotaped oral history interviews), presents preliminary results from so -called “discount requirements analysis” and an analysis of “early access” requests, and draws some design implications. The results show a wide variety of users and uses of …

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

Structural Principles And Presidential Succession, Howard M. Wasserman

Faculty Publications

No abstract provided.

Reparations And The Colonial Dilemma: The Insurmountable Hurdles And Yet Transformative Benefits, Ediberto Román

Faculty Publications

The Seventh Annual Latina and Latino Critical Race Theory ("LatCrit") Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the inhabitants of United States' colonial territories. Specifically, the panel was titled "Reparations, Redress, and Remedies: Undoing the Legacy of Colonialism and Imperialism." Members of the academy as well as a representative of Puerto Rico's Independence Party participated in a lively discussion and debate. Although the articles resulting from this panel …

Factors For Effective Learning Groups In Face-To-Face And Virtual Environments, Charles R. Graham

Faculty Publications

Group work has been a powerful instructional method used in face-to-face learning environments. To date, group work has not reached the same prominence in distance learning environments where there is a strong emphasis on independent or individualistic learning. This may be due in part to the perceived difficulty of engaging students in working together at a distance, as well as a general lack of knowledge about the factors that contribute to effective virtual group work. This paper reviews the literature related to creating effective learning groups in face-to-face and virtual environments. Research from the following four areas was used: cooperative …

Bringing Online Learning To Campus: The Hybridization Of Teaching And Learning At Brigham Young University, Gregory L. Waddoups, Scott L. Howell

Faculty Publications

The primary purpose of Brigham Young University (BYU) is to provide students with a combination of sacred and secular education often described as the BYU experience. Achieving this purpose is challenged by the rapid growth in Church membership and an enrollment cap of 30,000 students. To address these challenges, BYU sponsors the use of technology to bridge the gap between the increased Church membership and the number of students allowed under the enrollment caps. This institutional case study shows how these challenges have influenced the hybridization of teaching and learning for on campus (resident) and off campus (distance) students. It …

Testimony, Refuge, And The Sense Of Place: A Conversation With Terry Tempest Williams, David Thomas Sumner

Faculty Publications

This interview with Terry Tempest Williams is part of a series of conversations with contemporary western writers about the ethical and cultural implications of nature writing.

Manipulation Of Prenatal Hormones And Dietary Phytoestrogens During Adulthood Alter The Sexually Dimorphic Expression Of Visual Spatial Memory, Edwin D. Lephart, Trent D. Lund

Faculty Publications

In learning and memory tasks, requiring visual spatial memory (VSM), males exhibit higher performance levels compared to females (a difference attributed to sex steroid hormonal influences). Based upon the results from our companion investigation, this study examined the influence of prenatal sex steroid hormone manipulations on VSM in adulthood, as assessed in the radial arm maze. Additionally, the influence of dietary soy phytoestrogens (i.e., the presence of high or low estrogen-like compounds present in the animal's diet) on VSM was examined in combination with the prenatal hormonal manipulations. Results: Radial arm maze performance on a phytoestrogen-rich diet: 1) females treated …

Visual Spatial Memory Is Enhanced In Female Rats (But Inhibited In Males) By Dietary Soy Phytoestrogens, Edwin D. Lephart, Trent D. Lund, Timothy W. West, Lilyan Y. Tian, Lihong H. Bu, Daniel L. Simmons, Kenneth Setchell, Herman Adlercreutz

Faculty Publications

In learning and memory tasks, requiring visual spatial memory (VSM), males exhibit superior performance to females (a difference attributed to the hormonal influence of estrogen). This study examined the influence of phytoestrogens (estrogen-like plant compounds) on VSM, utilizing radial arm-maze methods to examine varying aspects of memory. Additionally, brain phytoestrogen, calbindin (CALB), and cyclooxygenase-2 (COX-2) levels were determined. Results: Female rats receiving lifelong exposure to a high-phytoestrogen containing diet (Phyto-600) acquired the maze faster than females fed a phytoestrogen-free diet (Phyto-free); in males the opposite diet effect was identified. In a separate experiment, at 80 days-of-age, animals fed the Phyto-600 …

Fusobacteriosis In Captive Wild-Caught Pronghorns (Antilocapra Americana), J. F. Edwards, D. S. Davis, T. J. Roffe, F. Ramiro-Ibañez, P. H. Elzer

Faculty Publications

An outbreak of Fusobacterium necrophorum-induced septicemia occurred in a group of 40 captive wild-caught pronghorns (Antilocapra americana). Primary pododermatitis or necrotic stomatitis progressed to produce fatal septicemia with metastatic lesions in the forestomachs, lung, liver, and cecum in 38 of the animals. Two remaining animals were euthanatized because of chronic pododermatitis. Housing the animals in a pasture previously used by bovids and heavy rains with persistence of ground water pools in the pasture were contributing factors in the pathogenesis of this outbreak.

Powwows And Identity On The Piedmont And Coastal Plains Of North Carolina, Chris J. Goertzen

Faculty Publications

No abstract provided.

Annotated Bibliography Of Research In The Teaching Of English, Deborah Brown, Judith Kalman, Macrina Gómez, Gert Rijlaarsdam, Anne D'Antonio Stinson, Melissa E. Whiting

Faculty Publications

Twice a year, in the May and November issues, RTE publishes a selected bibliography of recent research in literacy education, Most of the studies appeared during the six-month period preceding the compilation of the bibliography (January through June, 2001 for the present bibliography), but studies that appeared earlier are occasionally included. The listing is selective;; we make no attempt to include all research and research-related articles that appeared in the period tinder review Comments on the bibliography and suggestions about items for inclusion may be directed to the bibliography editors. We encourage you to send your suggestions to [email protected], [email protected], …

A Dipolar Coupling Based Strategy For Simultaneous Resonance Assignment And Structure Determination Of Protein Backbones, Fang Tian, Homayoun Valafar, James H. Prestegard

Faculty Publications

A new approach for simultaneous protein backbone resonance assignment and structure determination by NMR is introduced. This approach relies on recent advances in high-resolution NMR spectroscopy that allow observation of anisotropic interactions, such as dipolar couplings, from proteins partially aligned in field ordered media. Residual dipolar couplings are used for both geometric information and a filter in the assembly of residues in a sequential manner. Experimental data were collected in less than one week on a small redox protein, rubredoxin, that was 15N enriched but not enriched above 1% natural abundance in 13C. Given the acceleration possible with partial 13C …

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.

Chromosomal Inversions And The Reproductive Isolation Of Species, M. A.F. Noor, K. L. Gratos, L. A. Bertucci, J. Reiland

Faculty Publications

Recent genetic studies have suggested that many genes contribute to differences between closely related species that prevent gene exchange, particularly hybrid male sterility and female species preferences. We have examined the genetic basis of hybrid sterility and female species preferences in Drosophila pseudoobscura and Drosophila persimilis, two occasionally hybridizing North American species. Contrary to findings in other species groups, very few regions of the genome were associated with these characters, and these regions are associated also with fixed arrangement differences (inversions) between these species. From our results, we propose a preliminary genic model whereby inversions may contribute to the speciation …

Top Ten Reasons To Be A Law School Dean, R. Lawrence Dessem

Faculty Publications

Serving as a law school dean can be tough duty. Many people, particularly law school faculty members, have asked over the years why anyone would ever take such a position. This question is particularly relevant because the likely alternative for most deans is service as a full-time professor on a law school faculty-which is, without a doubt, one of the world's truly great jobs..

Distilling The Essence Of Contract Terms: An Anti-Antiformalist Approach To Contract And Employment Law, Rafael Gely

Faculty Publications

A look at the development of labor and employment law in the U.S. reveals one astonishing principle. There is an underlying assumption that employers own the time and activities of employees, and thus any change in the allocation of rights between employers and employees has to be justified against the “interference” with the rights of employers. For example, whenever legislation has been introduced intended to protect workers' rights, employers have argued that such protections will interfere with the right of employers to control their employees. This argument has been successfully made many times, and it has, I argue, shaped the …

Tort Recovery For Loss Of A Chance, David A. Fischer

Faculty Publications

Tort lawyers in the United States often think of “loss of a chance” as a theory of “probabilistic causation” that only applies to medical malpractice misdiagnosis cases. The theory is that if a physician negligently fails to diagnose a curable disease, and the patient is harmed by the disease, the physician should be liable for causing the “loss of a chance” of a cure. We shall see that if the chance of a cure is less than 50 percent, the plaintiff cannot prove by a preponderance of evidence that the negligence caused the harm, and would recover no damages under …

In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily Suski

Faculty Publications

In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.

The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …

Pfiesteria: Review Of The Science And Identification Of Research Gaps. Report For The National Center For Environmental Health, Centers For Disease Control And Prevention, Jonathan Samet, Gary S. Bignami, Robert Feldman, William E. Hawkins, Jerry Neff, Theodore Smayda

Faculty Publications

In connection with the CDC National Conference on Pfiesteria, a multidisciplinary panel evaluated Pfiesteria-related research. The panel set out what was known and what was not known about adverse effects of the organism on estuarine ecology, fish, and human, health; assessed the methods used in Pfiesteria research; and offered suggestions to address data gaps. The panel's expertise covered dinoflagellate ecology; fish pathology and toxicology; laboratory measurement of toxins, epidemiology, and neurology. The panel evaluated peer-reviewed and non-peer-reviewed literature available through June 2000 in a systematic conceptual framework that moved from the source of exposure, through exposure research and dose, to …