Digital Commons Network^™

Conceptual Clarification And Policy-Related Science: The Case Of Chemical Hormesis, Kevin C. Elliott

Faculty Publications

This paper examines the epistemological warrant for a toxicological phenomenon known as chemical hormesis. First, it argues that conceptual confusion contributes significantly to current disagreements about the status of chemical hormesis as a biological hypothesis. Second, it analyzes seven distinct concepts of chemical hormesis, arguing that none are completely satisfactory. Finally, it suggests three ramifications of this analysis for ongoing debates about the epistemological status of chemical hormesis. This serves as a case study supporting the value of philosophical methodologies such as conceptual clarification for addressing contemporary scientific disputes, including policy-related scientific disputes that may be heavily influencedby social and …

"Our Federalism" In The Context Of Federal Courts And Tribal Courts: An Open Letter To The Federal Courts’ Teaching And Scholarly Community, Frank Pommersheim

Faculty Publications

No abstract provided.

"Working" With The Ada's "Regarded As" Definition Of A Disability, Thomas Simmons

Faculty Publications

The Americans with Disabilities Act of 1990 prohibits discrimination against and mandates accommodations for individuals with disabilities. As a threshold matter, the Act requires the plaintiff to demonstrate that she is an individual with a disability; that is, that she has an actual disability or is "regarded as" having a disability as the statute defines it. This article discusses the threshold "regarded as" showing as refined by three Supreme Court cases decided in the summer of 1999. Although in the past the "regarded as" definition has often played "second fiddle" to the "actual disability" definition, the author suggests that there …

Personal Values And Work Satisfaction Of Registered Nurses Working In Hospitals, Marie M. Prothero, Elaine S. Marshall, Donna M. Fosbinder, Leland J. Hendrix

Faculty Publications

Personal values are increasingly recognized as important factors in work environments, including health care systems (Cameron & Whetten, 1995; Covey, Merrill, & Merrill, 1995; Fagermoen, 1997). The personal values of nursing students have been explored (Eddy, Elfrink, Weis, & Schank, 1994; Sivberg & Petersson, 1997) as have those of nurses, in the context of work design (Koerner, 1993 ). Factors of nurses' work satisfaction have also been studied extensively (Avallone & Gibbon, 1998; Brown, Naughton, & Nolan, 1998; Johnston,1997; Kangas, Kee, & McKee-Waddle,1999; Seymour & Buscherhof,1990). However, little is known about the personal values of nurses as they relate to …

More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler

Faculty Publications

Part I of this paper provides a brief overview of the development of biotechnology, its regulation and its use, with a particular emphasis on agricultural biotechnology. Part II outlines the United Nations Convention on Biological Diversity, which provides an international legal framework for a biosafety protocol and summarizes the results of recent protocol negotiations, such as those conducted in Cartagena, Colombia in February 1999, which continued in Montreal in January 2000. Part III explains why the proposed protocol embodies a variant of the precautionary principle and why such policies may do more harm than good. This paper concludes with some …

The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler

Faculty Publications

No abstract provided.

On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar

Faculty Publications

Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.

Specifically, the Article argues that the …

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …

Exercising The Right To Public Accommodations: The Debate Over Single-Sex Health Clubs, Miriam A. Cherry

Faculty Publications

(Excerpt)

Recently, the debate over single-sex health clubs gained national attention when a patent attorney, James Foster, sued for admission to Healthworks, a Massachusetts all-women's health club. One day in 1996, Foster entered the club, which was located close to his Boston condominium, and asked for a tour and an application for membership. The club employees, however, refused him a tour, informing him that Healthworks did not admit men. Shortly thereafter, Foster filed a discrimination claim with the Massachusetts Commission Against Discrimination contending that Healthworks had violated the Massachusetts public accommodations statute. He won at the administrative hearing, and Healthworks …

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Publications

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

State Immunity, Political Accountability, And Alden V. Maine, William P. Marshall, Jason S. Cowart

Faculty Publications

No abstract provided.

Cardiovascular Disease Prevention By Sports: Myth Or Reality?, Maria João C. A. Almeida, Steven N. Blair

Faculty Publications

Low levels of physical activity and fitness substantially increase risk of several chronic diseases, reduce longevity, and lead to loss of function. The strength and relation of inactivity to health problems and the high prevalence of sedentary habits in most countries of the world make lack of exercise a major public health problem. Fortunately, there is now good consensus regarding public health recommendations for physical activity from many important medical, scientific, and public health organizations. Recent research on physical activity interventions provides additional approaches to helping sedentary adults become more physically active.

Search For Resonances Decaying To E+-Jet In E+P Interactions 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, G. Abbiendi, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, N. Coppola, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

The e+-jet invariant mass spectrum produced in the reaction e+p → e+ X has been studied at a center-of-mass energy of 300 GeV. The data were collected using the ZEUS detector operating at the HERA collider, and correspond to an integrated luminosity of 47.7 pb-1. The observed mass spectrum is in good agreement with Standard Model expectations up to an e+-jet mass of 210 GeV. Above this mass, some excess is seen. The angular distribution of these events is typical of high-Q2 neutral current events and does not give convincing evidence for the presence of a narrow scalar or vector …

Measurement Of D*± Production And The Charm Contribution To F2 In Deep Inelastic Scattering 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, G. Abbiendi, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, N. Coppola, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

The production of D*± (2010) mesons in deep inelastic scattering has been measured in the ZEUS detector at HERA using an integrated luminosity of 37 pb-1. The decay channels D*+ → D0π+ (+c.c.), with D0 → K-π+ or D0 → K-π-π+π+, have been used to identify the D mesons. The e+p cross section for inclusive D*± production with 1 < Q2 < 600 GeV2 and 0.02 < y < 0.7 is 8.31±0.31(stat.)+0.30-0.50 (syst.) nb in the kinematic region 1.5 < pT(D*±) < 15 GeV and \η(D*±)\ < 1.5. Differential cross sections are consistent with a next-to-leading-order perturbative-QCD calculation when using charm-fragmentation models which take into account the interaction of the charm quark with the proton remnant. The observed cross section is extrapolated to the full kinematic region in pT(D*±) and η(D*±) in order to determine the charm contribution, Fcc̄2 (x, Q2), to the proton structure function. The ratio Fcc̄2/F2 rises from ≃10% at Q2 ≃ 1.8GeV2 to ≃30% at Q2 ≃130GeV2 for x values in the range 10-4 to 10-3.

Reclaiming The "Creatures Of The State": Contracting For Child Custody Decisionmaking In The Best Interests Of The Family, E. Gary Spitko

Faculty Publications

Arbitration has great potential utility for promoting family autonomy. Parents in a fracturing family might utilize arbitration to select both the decisionmaker and the legal standards to guide that decisionmaker in resolving their child custody and visitation dispute. In this way, the parents can seek to ensure that the resolution of their child custody and visitation dispute is governed by the values that the family has cherished and lived by.

The present dominant judicial approaches to the enforcement of arbitration agreements and awards with respect to child custody, however, greatly undermine arbitration's utility for promoting family autonomy. Pursuant to the …

Women, Race, And Sports: Life Before Title Ix, Patricia A. Cain

Faculty Publications

No abstract provided.

Circumvention Of The Bankruptcy Process: The Statutory Institutionalization Of Securitization, Lois R. Lupica

Faculty Publications

The Article 9 changes address two fundamental issues relevant to securitization transaction participants: (i) the characterization of the asset transfer, and (ii) the clarity and certainty of the process taken to perfect the transferee's interest in the assets. These changes will eliminate some of the uncertainty that asset-backed security investors and securitization originators face. What the Article 9 changes will also do, however, when read in conjunction with the amendments to the Bankruptcy Code, will be to allow certain financial market participants to avoid participation in the bankruptcy process, notwithstanding their provision of financing to a debtor in bankruptcy. A …

Deseret News / Manti, Utah / Marriott, J. Willard / Snow College, J. Michael Hunter

Faculty Publications

Four articles by J. Michael Hunter from the Encyclopedia of Latter-Day Saint History (Salt Lake City: Deseret Book Company, 2000), including articles about the Deseret News, Manti, Utah, J. Willard Marriott, and Snow College. The articles provide very brief overviews of the topic.

Fisheries Dependence And Social Change In The Northern Atlantic, Lawrence C. Hamilton, Cynthia M. Duncan

Faculty Publications

No abstract provided.

The Cover Design, Thomas D. Walker

Faculty Publications

No abstract provided.

Policing Diversity: Lessons From Lambeth, A. Benjamin Spencer, Michael Hough

Faculty Publications

This report describes a local initiative, Policing Diversity in Lambeth (PDL), which was developed to address the challenges of policing a highly ethnically diverse population.

The report is timely. The report of the Macpherson Inquiry into the death of Stephen Lawrence has substantially redrawn the policy landscape in relation to policing and race issues. The Home Secretary’s priorities for policing in 2000-1 emphasise the need for improved community relations. The follow-up report by Her Majesty’s Inspectorate of Constabulary, ‘Winning the Race Revisited’, further stressed the need for urgent action. Parallel with these developments, the 1998 Crime and Disorder Act imposed …

"Out Of Zion Shall Go Forth The Law", Nathan B. Oman

Faculty Publications

No abstract provided.

An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Assessing The Practicality And Constitutionality Of Alaska's Split-Recovery Punitive Damages Statute, Scott Dodson

Faculty Publications

In 1997, Alaska responded to its reputation for unusually high punitive awardsby amending its punitive damages statuteto require that 50% of any punitive damages award be deposited into the general fund of the state.Such “split-recovery” statutes attempt to reduce some of the plaintiff's windfall by allocating part of the punitive award to the state.Although the plaintiff shares in the award to compensate her for bringing the punitive claim in the first place,the state receives the balance to use for the public benefit.This Note evaluates the practicality and constitutionality of Alaska’s split- recovery statute. Part I reviews the nature and purpose …

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Faculty Publications

No abstract provided.

The Civil Jury In America: Improving The Jury's Understanding Of A Case, Jay E. Grenig

Faculty Publications

No abstract provided.

Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer

Faculty Publications

No abstract provided.

Accreditation And Academic Quality: A Comparison With Healthcare Accreditation, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

The origins of accreditation in higher education began at the turn of this century, resulting from the rapid growth in number and variety of educational institutions. One of the key concerns of accreditation has been to address quality in educational experiences. Specialized accreditation of higher education programs in recreation, park resources, and leisure services has evolved over the past 20 years; however; concerns can be raised regarding the ability of the current process to adequately measure quality. Comparisons are made with trends identified in the evolution of accreditation in healthcare and their implication to the future of accreditation. Recommendations are …

Adr, The Judiciary And Justice: Coming To Terms With The Alternatives, Erin Ryan

Faculty Publications

No abstract provided.

Bob Jones University V. United States 461 U.S. 574 (1983), Neal Devins

Faculty Publications

No abstract provided.