Digital Commons Network^™

Grave Secrets: Ethical And Legal Analysis Of Postmortem Confidentiality, Jessica Wilen Berg

Faculty Publications

*A young man finds a letter from his recently deceased's mother's therapist and calls the psychologist to get information about whether his mother sought counseling because of difficulties in their relationship. The therapist reassures the son that his mother came for help in dealing with her terminal illness.

*A now-adult child sues her deceased father's physician for failing to warn her that her father's death when she was 10 years old was due to colon cancer, a potentially inheritable disease.

*Following the death of Linda McCartney, a number of newspapers reporters, suspecting physician-assisted suicide, demanded access to her death certificate …

Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott

Faculty Publications

Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …

Comparison Of Genomic And Predicted Amino Acid Sequences Of Respiratory And Enteric Bovine Coronaviruses Isolated From The Same Animal With Fatal Shipping Pneumonia, V. N. Chouljenko, X. Q. Lin, J. Storz, K. G. Kousoulas, A. E. Gorbalenya

Faculty Publications

The complete genome sequences are reported here of two field isolates of bovine coronavirus (BCoV), which were isolated from respiratory and intestinal samples of the same animal experiencing fatal pneumonia during a bovine shipping fever epizootic. Both genomes contained 31028 nucleotides and included 13 open reading frames (ORFs) flanked by 5′- and 3′-untranslated regions (UTRs). ORF1a and ORF1b encode replicative polyproteins pp1a and pp1ab, respectively, that contain all of the putative functional domains documented previously for the closest relative, mouse hepatitis virus. The genomes of the BCoV isolates differed in 107 positions, scattered throughout the genome except the 5′-UTR. Differences …

Patterns Of Ancestral Human Diversity: An Analysis Of Alu-Insertion And Restriction-Site Polymorphisms, W. S. Watkins, C. E. Ricker, M. J. Bamshad, M. L. Carroll, S. V. Nguyen, M. A. Batzer, H. C. Harpending, A. R. Rogers, L. B. Jorde

Faculty Publications

We have analyzed 35 widely distributed, polymorphic Alu loci in 715 individuals from 31 world populations. The average frequency of Alu insertions (the derived state) is lowest in Africa (.42) but is higher and similar in India (.55), Europe (.56), and Asia (.57). A comparison with 30 restriction-site polymorphisms (RSPs) for which the ancestral state has been determined shows that the frequency of derived RSP alleles is also lower in Africa (.35) than it is in Asia (.45) and in Europe (.46). Neighbor-joining networks based on Alu insertions or RSPs are rooted in Africa and show African populations as separate …

Rickettsia Felis: Molecular Characterization Of A New Member Of The Spotted Fever Group, D. H. Bouyer, J. Stenos, P. Crocquet-Valdes, C. G. Moron, V. L. Popov, J. E. Zavala-Velazquez, L. D. Foil, D. R. Stothard, A. F. Azad, D. H. Walker

Faculty Publications

In this report, placement of Rickettsia felis in the spotted fever group (SFG) rather than the typhus group (TG) of Rickettsia is proposed. The organism, which was first observed in cat fleas (Ctenocephalides felis) by electron microscopy, has not yet been reported to have been cultivated reproducibly, thereby limiting the standard rickettsial typing by serological means. To overcome this challenge, several genes were selected as targets to be utilized for the classification of R. felis. DNA from cat fleas naturally infected with R. felis was amplified by PCR utilizing primer sets specific for the 190 kDa surface antigen (rOmpA) and …

Falling Out Of Love With America: The Clinton Impeachment And The Madisonian Constitution, Frank O. Bowman Iii

Faculty Publications

First, were the Nixon and Clinton affairs truly as different as my memory makes them? Were the villains of Watergate as villainous and the heroes as heroic as I remember them? Were nearly all the players on both sides of l'affaire Lewinsky as shallow and fatuous as they seemed? Or to put the question in broader historical context, was the impeachment of Bill Clinton truly distinct, not only from Watergate, but from all of the other (fortunately few) occasions on which a president was seriously threatened with removal from office? Second, if the Clinton impeachment really was as bizarre, unprecedented, …

The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii

Faculty Publications

This Article has four parts. First, it describes the general structure of the Federal Sentencing Guidelines and the approach to sentencing economic crimes in effect between 1987 and 2001. Second, it outlines the defects in the former economic crime guidelines that led to the call for reform. Third, it describes the process undertaken by the Sentencing Commission that led to the passage of the 2001 economic crime amendments and, in so doing, provides a roadmap to sources of legislative history. Fourth, it explains and analyzes the new guidelines in light of their legislative history, with primary emphasis on the consolidated …

Chinese Mortgage Law: An American Perspective, Dale A. Whitman

Faculty Publications

My objective in this paper is to compare and to evaluate some of the features of the American and Chinese systems. I do so without any preconception that the American system provides better answers, but with the recognition that it is far more mature and provides more answers. Hence it provides a reference point from which the Chinese system can be considered. Perhaps each system has something to teach the other.

The Genetics Of Reproductive Isolation And The Potential For Gene Exchange Between Drosophila Pseudoobscura And D. Persimilis Via Backcross Hybrid Males, Mohamed A.F. Noor, Katherine L. Grams, Lisa A. Bertucci, Yvette Almendarez, Jane Reiland, Kelley R. Smith

Faculty Publications

Hybrid male sterility, hybrid inviability, sexual isolation, and a hybrid male courtship dysfunction reproductively isolate Drosophila pseudoobscura and D. persimilis. Previous studies of the genetic bases of these isolating mechanisms have yielded only limited information about how much and what areas of the genome are susceptible to interspecies introgression. We have examined the genetic basis of these barriers to gene exchange in several thousand backcross hybrid male progeny of these species using 14 codominant molecular genetic markers spanning the five chromosomes of these species, focusing particularly on the autosomes. Hybrid male sterility, hybrid inviability, and the hybrid male courtship dysfunction …

Effect Of Commercial Fat Replacers On The Microstructure Of Low-Fat Cheddar Cheese, Kayanush J. Aryana, Zahur U. Haque

Faculty Publications

This objective of this study was to determine the effect of protein-and carbohydrate-based fat replacers on the microstructure of low-fat Cheddar cheese. Microstructure was studied by transmission and scanning electron microscopy. Protein-based fat replacers were Dairy LoTM (DL) and SimplesseTM (SIMP), while the carbohydrate-based fat replacers were NovagelTM (NOV) and StellarTM (STEL). Low-fat Cheddar cheese was manufactured using these commercial fat replacers and aged for 6 months at 5 °C. Low-fat control (LFC) and low-fat Cheddar cheese made with SIMP and DL showed a rippled surface microstructure while incorporation of NOV and STEL resulted in cheese with an undulated and …

Linkage And Association Analysis Of Angiotensin I-Converting Enzyme (Ace)-Gene Polymorphisms With Ace Concentration And Blood Pressure, Xiaofeng Zhu, Nourdine Bouzekri, Lorraine Southam, Richard S. Cooper, Adebowale Adeyemo, Colin A. Mckenzie, Amy Luke, Guangjie Chen, Robert C. Elston, Ryk Ward

Faculty Publications

Considerable effort has been expended to determine whether the gene for angiotensin I-converting enzyme (ACE) confers susceptibility to cardiovascular disease. In this study, we genotyped 13 polymorphisms in the ACE gene in 1,343 Nigerians from 332 families. To localize the genetic effect, we first performed linkage and association analysis of all the markers with ACE concentration. In multipoint variance-component analysis, this region was strongly linked to ACE concentration (maximum LOD score 7.5). Likewise, most of the polymorphisms in the ACE gene were significantly associated with ACE (P < .0013). The two most highly associated polymorphisms, ACE4 and ACE8, accounted for 6% and 19% of the variance in ACE, respectively. A two-locus additive model with an additive x additive interaction of these polymorphisms explained most of the ACE variation associated with this region. We next analyzed the relationship between these two polymorphisms (ACE4 and ACE8) and blood pressure (BP). Although no evidence of linkage was detected, significant association was found for both systolic and diastolic BP when a two-locus additive model developed for ACE concentration was used. Further analyses demonstrated that an epistasis model provided the best fit to the BP variation. In conclusion, we found that the two polymorphisms explaining the greatest variation in ACE concentration are significantly associated with BP, through interaction, in this African population sample. Our study also demonstrates that greater statistical power can be anticipated with association analysis versus linkage, when markers in strong linkage disequilibrium with a trait locus have been identified. Furthermore, alllelic interaction may play an important role in the dissection of complex traits such as BP.

Granting Forgiveness Or Harboring Grudges: Implications For Emotion, Physiology, And Health, Charlotte Vanoyen-Witvliet, Thomas Ludwig, Kelly L. Vander Laan

Faculty Publications

Interpersonal offenses frequently mar relationships. Theorists have argued that the responses victims adopt toward their offenders have ramifications not only for their cognition, but also for their emotion, physiology, and health. This study examined the immediate emotional and physiological effects that occurred when participants (35 females, 36 males) rehearsed hurtful memories and nursed grudges (i.e., were unforgiving) compared with when they cultivated empathic perspective taking and imagined granting forgiveness (i.e., were forgiving) toward real-life offenders. Unforgiving thoughts prompted more aversive emotion, and significantly higher corrugator (brow) electromyogram (EMG), skin conductance, heart rate, and blood pressure changes from baseline. The EMG, …

The Emerging Law Of Race And Student Assignment Plans, John Charles Boger, Elizabeth Jean Bower

Faculty Publications

No abstract provided.

Rethinking The Debates Over Health Care Financing: Evidence From The Bankruptcy Courts, Melissa B. Jacoby, Teresa A. Sullivan, Elizabeth Warren

Faculty Publications

No abstract provided.

The Fcc's Third Report On Broadband Deployment: Inequitable, Untimely And Unreasonable, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Bridging The Divide: An Alternative Approach To International Labor Rights After The Battle Of Seattle, Stephen F. Diamond

Faculty Publications

The massive protest by labor, human rights, and environmental activists at the Ministerial Conference of the World Trade Organization in Seattle in late 1999 was a singular event in global trade politics. It represented a major setback for the proponents of free trade and for the "globalization" process itself. It reflected, and has now influenced, the contours of American domestic politics as well. At the heart of the Seattle events was a new coalition between trade unions, led by the American AFL-CIO, and a wide range of protest groups and non-governmental organizations. This new coalition represents a potent force but …

Race And Races: Constructing A New Legal Actor, Margalynne J. Armstrong

Faculty Publications

No abstract provided.

Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod

Faculty Publications

This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.

The Determinants Of Successful Micro-Ipos: An Analysis Of Issues Made Under The Small Corporate Offering Registration (Scor) Procedure, James C. Brau, Jerome S. Osteryoung

Faculty Publications

In this article we extend the existing IPO literature to the case of micro-IPOs by analyzing a sample of Small Corporate Offering Registration (SCOR) documents from the U.S. state ofWashington. Through theory, we identified variables that should impact the probability of success or failure in a SCOR offering and then empirically tested them. Empirical support was found for the relevance of (1) marketing mechanisms and expenses; (2) ownership and governance factors; (3) business life cycle stages; and (4) signaling factors consistent with our theoretical predictions.

Measurement Of Open Beauty Production In Photoproduction At Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Levi, A. Margotti, T. Massam, R. Nania, F. Palmonari

Faculty Publications

The production and semi-leptonic decay of heavy quarks have been studied in the photoproduction process e+p → e+ + dijet + e- + X with the ZEUS detector at HERA using an integrated luminosity of 38.5 pb-1. Events with photon-proton centre-of-mass energies, Wγp, between 134 and 269 GeV and a photon virtuality, Q2, less than 1 GeV2 were selected requiring at least two jets of transverse energy Ejet1(2)T > 7(6) GeV and an electron in the final state. The electrons were identified by employing the ionisation energy loss measurement. The contribution of beauty quarks was determined using the transverse momentum of …

Measurement Of The Neutral Current Cross Section And F2 Structure Function For Deep Inelastic E+P Scattering At Hera, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Levi, A. Margotti, T. Massam, R. Nania, F. Palmonari, A. Pesci

Faculty Publications

The cross section and the proton structure function F2 for neutral current deep inelastic e+p scattering have been measured with the ZEUS detector at HERA using an integrated luminosity of 30 pb-1. The data were collected in 1996 and 1997 at a centre-of-mass energy of 300 GeV. They cover the kinematic range 2.7 < Q2 < 30000 GeV2 and 6-10-5 < cursive Greek chi < 0.65. The variation of F2 with cursive Greek chi and Q2 is well described by next-to-leading-order perturbative QCD as implemented in the DGLAP evolution equations.

All That Glitters Is Not Gold: Bad Forgiveness In Counseling And Preaching, John M. Berecz

Faculty Publications

A 3 R's of Forgiveness model is presented in which forgiveness is seen as a complex therapeutic process involving both situational and personal variables. Forgivers are seen to utilize the cognitive processes of dialectical reasoning and reframing, modulated by the emotional experiences of empathy, guilt, and shame. Personality style and self-esteem significantly influence the process as well. Distinctions are maintained among various kinds of forgiveness. Divine forgiveness, seen as a partial component of a spiritual encounter with one's God, may be a valid experience for people of faith, but is not something that psychologists are equipped to experimentally analyze. Interpersonal …

Religious Fundamentalism And Gender Differences, Herbert W. Helm, John M. Berecz, Emily A. Nelson

Faculty Publications

The role of religious fundamentalism and its relationship to shame and guilt was evaluated in 107 students who attend a church-sponsored university. A number of personality measures were given and gender differences were analyzed. The role of externalization was similar for males in this sample to that of earlier studies. However, it was found that females showed positive correlations between externalization and both shame and guilt. For females, more fundamentalistic religious training may help to contribute to an external orientation at the expense of identifying with a personal religion, and appropriate guilt. © 2001 Human Sciences Press, Inc.

Search For Resonance Decays To A V̄ Plus Jet In E+P Scattering At Desy Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Lacobucci, G. Levi, A. Margotti, T. Massam, R. Nania, F. Palmonari

Faculty Publications

A study of the v̄-jet mass spectrum in e+p→v̄X events at a center-of-mass energy 300 GeV has been performed with the ZEUS detector at the HERA collider at DESY using an integrated luminosity of 47.7 pb-1. The mass spectrum is in good agreement with that expected from standard model processes over the v̄-jet mass range studied. No significant excess attributable to the decay of a narrow resonance is observed. By using both e+p→>e+X and e+p-vX data, mass-dependent limits are set on the s-channel production of scalar and vector resonant states. Couplings to first-generation quarks are considered and limits are …

And I Saw The Hosts Of The Dead, Both Small And Great: Joseph F. Smith, World War I, And His Visions Of The Dead, Richard Bennett

Faculty Publications

As I pondered over these things which are written, the eyes of my understanding were opened, and the Spirit of the Lord rested upon me, and I saw the hosts of the dead, both small and great (D&C 138:11).

Human Immunodeficiency Virus Type 1 Quasi Species That Rebound After Discontinuation Of Highly Active Antiretroviral Therapy Are Similar To The Viral Quasi Species Present Before Initiation Of Therapy, Keith A. Crandall, Hiromi Imamichi, Ven Natarajan, Min Kang Jiang, Robin L. Dewar, Steve Berg, Arunasri Gaddam, Marjorie Bosche, Julie A. Metcalf, Richard T. Davey Jr., H. Clifford Lane

Faculty Publications

In an effort to identify the sources of the viruses that emerge after discontinuation of therapy, analyses of human immunodeficiency virus (HIV) quasi species were done for 3 patients with sustained levels of HIV RNA of <50 copies/mL for 1-3 years. The sequences found in the rebounding plasma virus were closely related to those of the actively replicating form of viruses present before the initiation of combination therapy. All quasi species found in the rebounding plasma virus were also present in proviral DNA, cell-associated RNA in peripheral blood mononuclear cells (PBMC), and virion RNA derived from PBMC coculture during periods when plasma HIV RNA levels were <50 copies/mL. These findings suggest that the rapid resurgence of plasma viremia observed after discontinuation of therapy and the viruses cocultured from PBMC are derived from a relatively stable pool of the replicating form of virus rather than from activation of a previously latent pool.

Varieties Of Religion-Family Linkages, John R. Snarey, David C. Dollahite

Faculty Publications

The 4 articles in this special issue make important contributions to both family and religious studies as well as to their interface. This commentary begins by considering 4 unifying themes present across all of the articles, including meaningful religion-family linkages, the importance of gender differences in the faith-family interface, the significance of intergenerational relationships, and the need for better theory. The authors then discuss the unique major strength and secondary limitations of each study. Finally, the commentary focuses on two challenges inhibiting the contemporary study of religion and the family–a relative lack of racial and religious diversity in samples and …

Small-Angle X-Ray Studies Of Soot Inception And Growth, Jan P. Hessler, Soenke Seifert, Randall E. Winans, Thomas H. Fletcher

Faculty Publications

The high spectral intensity of X-rays produced by the undulator at the Basic Energy Sciences Synchrotron Radiation Center of Argonne's Advanced Photon Source has allowed us to perform small-angle X-ray scattering (SAXS) studies of the initial distribution of soot particles formed by various fuels. SAXS provides an in situ probe of the morphology of soot in the region between 1 and 100 nm and complements the ex situ technique of electron microscopy. The basic aspects of SAXS and its potential are illustrated with measurement on a laminar flame of acetylene in air. The more complex fuel toluene has been studied …

Behavioral Inhibition, Social Withdrawal, And Parenting, Kim B. Burgess, Kenneth H. Rubin, Charissa S. L. Cheah, Larry J. Nelson

Faculty Publications

The study of children's social and emotional development requires that attention be paid to such factors as dispositional/biological factors (e.g., temperament), familial interactions and relationships, social contexts (e.g., school, neighborhood), and culture. For example, Hinde (1995) has advanced the notion that development be considered from a multi-level perspective beginning with individual characteristics and progressing the interaction, relationship, and group levels of analysis and conjecture. At the level of the individual child, developmental scientists have studies such constructs as temperament that might lead to problematic social or behavioral outcomes. One such interpersonal characteristic is that of "difficult" temperament – a phenomenon …

Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han

Faculty Publications

Edited Speech delivered on October 6, 2000 at the University of San Diego Journal of Contemporary Legal Issues Conference on Intersectionality and Critical Race Feminism.

In writing this article, I kept thinking of the various stories that I heard during the workshops in Beijing and again I was struck by the commonality of the underlying issues facing women from around the world. While there may be dramatic political, cultural, linguistic and economic differences, I posit that there were more similarities than there were differences.