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State Regulation Of Religious Education, Neal Devins

Faculty Publications

No abstract provided.

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Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer

Faculty Publications

No abstract provided.

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Bakke Betrayed, Alan J. Meese

Faculty Publications

No abstract provided.

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Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

No abstract provided.

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The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault

Faculty Publications

Examines the harmless error rule as interpreted by Michigan case law.

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The Constitutional Implications Of Human Cloning, Elizabeth Price Foley

Faculty Publications

Given the theoretical inevitability of human cloning, this Article attempts to fill a current intellectual void by providing an analysis of the most significant legal implications of cloning human beings. Part II sets forth the basic science behind cloning and how cloning differs from other, non-traditional forms of procreation such as in vitro fertilization and artificial insemination. Part III discusses the most commonly feared “science fiction” abuses associated with human cloning and current laws that may prevent such abuses from occurring. Part IV discusses the possible constitutional impediments to banning human cloning, including the First Amendment, the procreational liberty interest …

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Who Exactly Is Living La Vida Loca: The Legal And Political Consequences Of Latino-Latina Ethnic And Racial Stereotypes In Film And Other Media, Ediberto Román

Faculty Publications

This piece, however, will not simply expose the insidious stereotypes of Latinas and Latinos. It will undertake the more involved task of drawing a nexus between the societal prejudice which leads to the stereotyping and the legal and political consequences that result from it. Specifically, I argue that these media images, myths, metaphors, and stereotypes play a critical role in establishing society's vision of Latinas and Latinos. In other words, these stereotypes serve to reinforce both the characterizations of Latinas and Latinos from the perspectives of both the dominant and the dominated. These stereotypes, in turn, foster and perpetuate two …

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A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román

Faculty Publications

This work reviews an important shortcoming of the dominant public international paradigm and the recent methodical responses to that edifice. Specifically, this article argues that issues of race have not been significantly addressed in international law discourse. In particular, this Article notes that in the theoretical discourse some writers have discussed race, but the thrust of the discourse marginalizes the importance of race. In the practice of international law, people of color are affected but rarely recognized in policy debates. Additionally, this work attempts to explain how a discourse that positions race at the center of the discourse increases the …

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Banking And Insurance: Before And After The Gramm-Leach-Bliley Act, Jerry W. Markham, Lissa L. Broome

Faculty Publications

This article traces the growth of insurance in America and describes how its regulatory structure developed separately from the regulatory structure of other financial services. The authors describe how banks became involved in insurance activities as a way to expand their traditional banking services. Although regulatory restrictions at first impeded this effort, the Gramm-Leach-Bliley Act of 1999 has now opened the door more widely to the combination of banking and insurance. Nevertheless, banks will continue to face regulatory hurdles and restrictions under GLB that will impair their ability to compete in the insurance business. The article examines the landscape for …

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Silencing John Doe: Defamation And Discourse In Cyberspace, Lyrissa Lidsky

Faculty Publications

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons — some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat …

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Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman

Faculty Publications

In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …

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Cultural Values And Happiness, Timothy B. Smith

Faculty Publications

Csikszentmihalyi (1999) has reminded us that social scientists cannot shrink from challenging the validity of our most cherished values, including the fundamental nature of happiness. He cites research affirming that material wealth does not correlate with happiness and then presents data correlating happiness with the experience of flow. However, in making this leap Csikszentmihalyi confuses correlation with causation. Because losing oneself in a project, relationship, or dream is followed by a very positive condition does not mean that the experience itself caused happiness. It is equally likely that losing one self is the causative factor. In looking at his data …

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Ethnic Representation In A Sample Of The Literature Of Applied Psychology, Leslie Case, Timothy B. Smith

Faculty Publications

A number of authors have raised concerns over the external validity of psychological research. This study examined the extent to which empirical articles include human participants from diverse ethnic backgrounds. Articles published over a 5-year period in 14 selected journals representing 3 applied subdisciplines of psychology were examined. Of the 2,536 articles coded, only 61% indicated the ethnicity of the participants. For those articles, the ethnic compositions approximated U.S. Census estimates, with the exception of an over representation of African Americans and an under representation of Hispanic Americans. The results imply that although the field is apparently adequately recruiting English …

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An Investigation Of The Effects Of Subthalamic Nucleus Stimulation On Acoustic Measures Of Voice, Christopher Dromey, Rajeev Kumar, Anthony E. Lang, Andres M. Lozano

Faculty Publications

Summary: Seven patients with Parkinson’s disease were implanted with deep brain stimulators to provide chronic electrical stimulation to the subthalamic nucleus bilaterally. Acoustic recordings and neurologic assessments were undertaken before surgery in the medication-off and medication-on conditions and after surgery with and without electrical stimulation in the medication off and medication-on conditions. The data showed significant improvements in limb motor performance in response to medication before surgery and when the subthalamic nucleus was stimulated after surgery. Six months after surgery, there were small but statistically significant increases in sound pressure level and fundamental frequency variability in response to stimulation in …

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Effect Of Smoking On The Body Mass Index-Mortality Relation: Empirical Evidence From 15 Studies, V. Hawthorne, V. Hawthorne, D. Kozarevic, N. Vojvodic, C. R. Gillis, D. Hole, C. Hart, T. Jorgensen, T. Thomsen, M. Davidson, U. Goldbourt, S. Yaari, G. Cao, R. Cooper, R. Durazo-Arvizu, Z. Li, Y. Liao, D. Mcgee, T. E. Prewitt, C. Sempos

Faculty Publications

The authors examined the impact of smoking status on the relation between body mass index (weight (kg)/height (m)2) and mortality across a group of 15 diverse observational studies. The studies included a heterogeneous sample of national samples, cohort studies with mortality follow-up, and clinical trials. Consideration of the data according to natural strata resulted in the formation of 42 analytic cohorts. The authors examined survival through the end of follow-up for each study, as influenced by body mass index, age, and current smoking status at baseline, using a proportional hazards model to describe the relation between body mass index and …

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Regulation Of Signal Transducers And Activators Of Transcription (Stats) By Effectors Of Adipogenesis: Coordinate Regulation Of Stats 1, 5a, And 5b With Peroxisome Proliferator-Activated Receptor-Γ And C/Aaat Enhancer Binding Protein-Α, William C. Stewart, Ron F. Morrison, Sherry L. Young, Jacqueline M. Stephens

Faculty Publications

We have recently demonstrated that three signal transducers and activators of transcription (STAT) family members are induced during adipocyte differentiation (Stephens et al., J. Biol. Chem. 271 (1996) 10441- 10444). Since STATs 1, 5A, and 5B are induced during adipocyte differentiation, we have examined the ability of these proteins to be regulated by components of the differentiation cocktail. In addition, we have examined the effects of potent effectors of differentiation on STAT protein expression during adipogenesis. A negative effector, tumor necrosis factor-α (TNFα), and a positive effector, a thiazolidinedione, were used in these experiments. Our results demonstrate that the expression …

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Regulation Of The Dolichol Pathway In Human Fibroblasts By The Endoplasmic Reticulum Unfolded Protein Response, William T. Doerrler, Mark A. Lehrman

Faculty Publications

Accumulation of unfolded proteins within the endoplasmic reticulum (ER) of eukaryotic cells triggers the unfolded protein response (UPR), which activates transcription of several genes encoding ER chaperones and folding enzymes. This study reports that conversion of dolichol-linked Man2-5GIcNAc2 intermediates into mature Glc3Man9GlcNAc2 oligosaccharides in primary human adult dermal fibroblasts is also stimulated by the UPR. This stimulation was not evident in several immortal cell lines and did not require a cytoplasmic stress response. Inhibition of dolichol-linked Glc3Man9GlcNAc2 synthesis by glucose deprivation could be counteracted by the UPR, improving the transfer of Glc3Man9GlcNAc2 to asparagine residues on nascent polypeptides. Glycosidic processing …

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Nutrient Cycling In The Water Column Of A Subtropical Seagrass Meadow, Susan Ziegler, Ronald Benner

Faculty Publications

The cycling of nutrients was studied over a 16 mo period to determine how processes occurring between the water column and benthos influenced nutrient dynamics in a Thalassia testudinum dominated seagrass meadow. Nutrient concentrations were low and ranged from below detection to 0.59 µM ammonium (NH₄⁺), 0.04 to 0.29 µM nitrate plus nitrite (NO₃^- + NO₂^-), and below detection to 0.22 µM soluble reactive phosphate (SRP). Water column and benthic fluxes of NO₃^- + NO₂^-and SRP were usually below detection. The benthic fluxes of NH₄^{+ …}

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Tracking Of Physical Activity, Physical Inactivity, And Health-Related Physical Fitness In Rural Youth, Russell R. Pate, Stewart G. Trost, Marsha Dowda, Alise E. Ott, Dianne S. Ward, Ruth P. Saunders, Gwen A. Felton

Faculty Publications

This study examined the tracking of selected measures of physical activity, inactivity, and fitness in a cohort of rural youth. Students (N=181, 54.7% female, 63.5% African American) completed test batteries during their fifth- (age=10.7±0.7 years), sixth-, and seventh-grade years. The Previous Day Physical Activity Recall (PDPAR) was used to assess 30-min blocks of vigorous physical activity (VPA), moderate-to-vigorous physical activity (MVPA), TV watching and other sedentary activities, and estimated energy expenditure (EE). Fitness measures included the PWC 170 cycle ergometer test, strength tests, triceps skinfold thickness, and BMI. Intraclass correlation coefficients (ICCs) for VPA, MVPA, and after-school EE …

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Validity Of The Previous Day Physical Activity Recall (Pdpar) In Fifth-Grade Children, Stewart G. Trost, Dianne S. Ward, Ben Mcgraw, Russell R. Pate

Faculty Publications

This study evaluated the validity of the Previous Day Physical Activity Recall (PDPAR) self-report instrument in quantifying after-school physical activity behavior in fifth-grade children. Thirty-eight fifth-grade students (mean age, 10.8 ± 0.1; 52.6%; female; 26.3% African American) from two urban elementary schools completed the PDPAR after wearing a CSA WAM 7164 accelerometer for a day. The mean within-subject correlation between self-reported MET level and total counts for each 30-min block was 0.57 (95% C.I., 0.51-0.62). Self-reported mean MET level during the after-school period and the number of 30-min blocks with activity rated at > 6 METs were significantly correlated with the …

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America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

Faculty Publications

No abstract provided.

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Factitious Disorders And Trauma-Related Diagnoses, Daniel Brown, Alan Scheflin

Faculty Publications

The recent plethora of lawsuits involving allegations of iatrogenically implanted memories of satanic ritual abuse and other traumas has highlighted the existence of a unique group of psychiatric patients. Although these patients are often successful at deceiving therapists (and sometimes juries), the case studies in this special issue reveal the chronic nature of their propensity to invent traumatic identities and past histories. The core clinical features of affect dysregulation, somatization, and impaired object relations, together with frequent histories of alcohol and substance abuse, parallel the psychiatric co-morbidity frequently found in genuine trauma victims. These case studies also point to early …

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Unreviewability In State Administrative Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

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Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Faculty Publications

The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …

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Fish Kills And Bottom-Water Hypoxia In The Neuse River And Estuary: Reply To Burkholder Et Al., Hans W. Paerl, James L. Pinckney, John M. Fear, Benjamin L. Peierls

Faculty Publications

No abstract provided.

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Patient And Care Giver Perceptions Of Cancer Pain Control, Patricia Rushton, Sherry Brown

Faculty Publications

PURPOSE: This study measured the perceptions of Utah cancer patients and cargivers concerning knowledge about and adequacy of pharmacologic cancer pain control. METHODS: A descriptive survey was used. Questionnaires were sent to cancer patients and caregivers surveying their knowledge about and perceptions of the adequacy of pharmacologic cancer pain control. RESULTS: The study had a 52% response rate (259 of 500). Eighty five percent (219 of 259) of the respondents stated they had no cancer pain. CLINICAL IMPLICATIONS: Cancer literature indicated that much cancer pain is not effectively controlled. The majority of the respondents of this study reported no pain. …

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Training Providers: Working With Lesbian Clients., Laurie A. Drabble

Faculty Publications

No abstract provided.

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Seeking Causal Explanations In Social Epidemiology, Jay S. Kaufman, Richard S. Cooper

Faculty Publications

Social factors are associated with a wide variety of health outcomes. Social epidemiology has successfully used the traditional methods of surveillance and description to establish consistent relations between social factors and health status. Epidemiology as an etiologic science, however, has been largely ineffective in moving toward causal explanations for these observed patterns. Using the counterfactual approach to causal inference, the authors describe several fundamental problems that often arise when researchers seek to infer explanatory mechanisms from data on social factors. Contrasts that form standard causal effect estimates require implicit unobserved (counterfactual) quantities, because observational data provide only one exposure state …

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Is There An Absence Of Theory In Social Epidemiology? The Authors Respond To Muntaner, Richard S. Cooper, Jay S. Kaufman

Faculty Publications

No abstract provided.

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Successive Causes And The Enigma Of Duplicated Harm, David A. Fischer

Faculty Publications

Some of the most intriguing brain teasers in tort law involve the valuation of damages for harm arising from wrongfully inflicted injury to person or property. Consider the following example: A wrongdoer shoots and instantly kills a person in the path of an avalanche that would have killed the person a few seconds later. The person's survivors bring a wrongful death action against the shooter, seeking compensation for the loss of support they would have received from the decedent if she had lived. Should the court require the shooter to pay for loss of support beyond the time that the …

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Full-Text Articles in Entire DC Network

State Regulation Of Religious Education, Neal Devins

Faculty Publications

Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer

Faculty Publications

Bakke Betrayed, Alan J. Meese

Faculty Publications

Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault

Faculty Publications

The Constitutional Implications Of Human Cloning, Elizabeth Price Foley

Faculty Publications

Who Exactly Is Living La Vida Loca: The Legal And Political Consequences Of Latino-Latina Ethnic And Racial Stereotypes In Film And Other Media, Ediberto Román

Faculty Publications

A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román

Faculty Publications

Banking And Insurance: Before And After The Gramm-Leach-Bliley Act, Jerry W. Markham, Lissa L. Broome

Faculty Publications

Silencing John Doe: Defamation And Discourse In Cyberspace, Lyrissa Lidsky

Faculty Publications

Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman

Faculty Publications

Cultural Values And Happiness, Timothy B. Smith

Faculty Publications

Ethnic Representation In A Sample Of The Literature Of Applied Psychology, Leslie Case, Timothy B. Smith

Faculty Publications

An Investigation Of The Effects Of Subthalamic Nucleus Stimulation On Acoustic Measures Of Voice, Christopher Dromey, Rajeev Kumar, Anthony E. Lang, Andres M. Lozano

Faculty Publications

Faculty Publications

Faculty Publications

Regulation Of The Dolichol Pathway In Human Fibroblasts By The Endoplasmic Reticulum Unfolded Protein Response, William T. Doerrler, Mark A. Lehrman

Faculty Publications

Nutrient Cycling In The Water Column Of A Subtropical Seagrass Meadow, Susan Ziegler, Ronald Benner

Faculty Publications

Tracking Of Physical Activity, Physical Inactivity, And Health-Related Physical Fitness In Rural Youth, Russell R. Pate, Stewart G. Trost, Marsha Dowda, Alise E. Ott, Dianne S. Ward, Ruth P. Saunders, Gwen A. Felton

Faculty Publications

Validity Of The Previous Day Physical Activity Recall (Pdpar) In Fifth-Grade Children, Stewart G. Trost, Dianne S. Ward, Ben Mcgraw, Russell R. Pate

Faculty Publications

America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

Faculty Publications

Factitious Disorders And Trauma-Related Diagnoses, Daniel Brown, Alan Scheflin

Faculty Publications

Unreviewability In State Administrative Law, Charles H. Koch Jr.

Faculty Publications

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Faculty Publications

Fish Kills And Bottom-Water Hypoxia In The Neuse River And Estuary: Reply To Burkholder Et Al., Hans W. Paerl, James L. Pinckney, John M. Fear, Benjamin L. Peierls

Faculty Publications

Patient And Care Giver Perceptions Of Cancer Pain Control, Patricia Rushton, Sherry Brown

Faculty Publications

Training Providers: Working With Lesbian Clients., Laurie A. Drabble

Faculty Publications

Seeking Causal Explanations In Social Epidemiology, Jay S. Kaufman, Richard S. Cooper

Faculty Publications

Is There An Absence Of Theory In Social Epidemiology? The Authors Respond To Muntaner, Richard S. Cooper, Jay S. Kaufman

Faculty Publications

Successive Causes And The Enigma Of Duplicated Harm, David A. Fischer

Faculty Publications