Digital Commons Network^™

The Continuing Vitality Of Tribal Sovereignty Under The Constitution, Erik M. Jensen

Faculty Publications

This article discusses James A. Porres III's essay, The Constitution of the United States Applies to Indian Tribes.

A Proposal For Federal Legislation To Address Health Insurance Coverage For Experimental And Investigational Treatments, Sharona Hoffman

Faculty Publications

Health insurance coverage for experimental treatments has generated significant debate and frequent litigation in recent years. In many cases, denials of coverage for investigational therapies constitute economically and ethically sound policy. This article argues, however, that health insurance providers should be required to cover experimental treatments in limited circumstances, namely, when they are administered in phase III clinical trials to patients with terminal illnesses who are likely to die within two years. This coverage mandate would help the sickest patients, who have no other treatment options, and would benefit medical researchers, who often face a dearth of patients willing to …

Genetic Testing, Genetic Medicine, And Managed Care, Mark A. Rothstein, Sharona Hoffman

Faculty Publications

As modern human genetics moves from the research setting to the clinical setting, it will encounter the managed care system. Issues of cost, access, and quality of care will affect the availability and nature of genetic testing, genetic counseling, and genetic therapies. This articles explores such issues as professional education, coverage of genetic services, privacy and confidentiality, and liability. It concludes with a series of recommendations for the practice of genetic medicine in the age of managed care.

Hindsight Bias And Tort Liability: Avoiding Premature Conclusions, Philip G. Peters Jr.

Faculty Publications

Cognitive psychologists know that judgments made in hindsight are distorted by two cognitive heuristics-hindsight bias and outcome bias. Hindsight bias makes bad outcomes seem more predictable in hindsight than they were ex ante. Outcome bias induces us to assume that people who cause accidents have been careless. Because of these biases, individuals who know that a bad outcome has occurred tend to evaluate prior conduct more harshly than they would if they were unaware of the actual outcome. In negligence actions, defendants are supposed to be judged by the reasonableness of their conduct, not by its outcome. Jurors are asked …

A Good Home For A Poor Man: Fort Polk And Vernon Parish, 1800-1940, Steven D. Smith

Faculty Publications

No abstract provided.

Genetic Analysis Of The Role Of Herpes Simplex Virus Type 1 Glycoprotein K In Infectious Virus Production And Egress, Timothy P. Foster, Konstantin G. Kousoulas

Faculty Publications

Herpes simplex virus type 1 (KOS)ΔgK is a mutant virus which lacks glycoprotein K (gK) and exhibits defects in virion egress (S. Jayachandra, A. Baghian, and K. G. Kousoulas, J. Virol. 69:5401-5413, 1997). To further understand the role of gK in virus egress, we constructed recombinant viruses, ΔgKhpd-1, -2, -3, and -4, that specified gK amino-terminal portions of 139, 239, 268, and 326 amino acids, respectively, corresponding to truncations immediately after each of the four putative membrane-spanning domains of gK. ΔgKhpd-1 and ΔgKhpd-2 viruses produced lower yields and smaller plaques than ΔgK. Numerous ΔgKhpd-1 capsids accumulated predominately within large double-membrane …

Perkinsus Marinus Extracellular Protease Modulates Survival Of Vibrio Vulnificus In Eastern Oyster (Crassostrea Virginica) Hemocytes, B. D. Tall, J. F. La Peyre, J. W. Bier, M. D. Miliotis, D. E. Hanes, M. H. Kothary, D. B. Shah, M. Faisal

Faculty Publications

The in vitro effects of the Perkinsus marinus serine protease on the intracellular survival of Vibrio vulnificus in oyster hemocytes were examined by using a time-course gentamicin internalization assay. Results showed that protease-treated hemocytes were initially slower to internalize V. vulnificus than untreated hemocytes. After 1 h, the elimination of K vulnificus by treated hemocytes was significantly suppressed compared with hemocytes infected with invasive and noninvasive controls. Our data suggest that the serine protease produced by P. marinus suppresses the vibriocidal activity of oyster hemocytes to effectively eliminate V. vulnificus, potentially leading to conditions favoring higher numbers of vibrios in …

Use Of Western Immunoblot Analysis For Testing Moose Serum For Brucella Suis Biovar 4 Specific Antibodies, Matthew D. Edmonds, Felicia M. Ward, Todd M. O'Hara, Philip H. Elzer

Faculty Publications

To determine if 12 moose (Alces alces) from northern Alaska with agglutinating antibodies specific for Brucella spp. had been exposed to either B. suis biovar 4 or B. abortus biovar 1, western immunoblot serologic analysis was performed. Differential serologic responses to strain specific A and M antigenic variances of the lipopolysaccharide O-polysaccharide sugar allowed strain identification. Prior to examination, test sera were absorbed with killed whole cells from either B. abortus biovar 1, containing predominately A antigen (A+ M-); B. melitensis biovar 1, containing essentially M antigen (A-M+); or B. suis biovar 4, containing both antigenic types (A+ M+). The …

The Siderophore 2,3-Dihydroxybenzoic Acid Is Not Required For Virulence Of Brucella Abortus In Balb/C Mice, Bryan H. Bellaire, Philip H. Elzer, Cynthia L. Baldwin, R. Martin Roop

Faculty Publications

2,3-Dihydroxybenzoic acid (DHBA) is the only siderophore described for Brucella, and previous studies suggested that DHBA might contribute to the capacity of these organisms to persist in host macrophages. Employing an isogenic siderophore mutant (ΔentC) constructed from virulent Brucella abortus 2308, however, we found that production of DHBA is not required for replication in cultured murine macrophages or for the establishment and maintenance of chronic infection in the BALB/c mouse model.

Ada Mediation After Sutton, Murphy And Albertson, James Levin

Faculty Publications

Judith Cohen's summary of the Interim ADA Mediation Standards in the last issue of The Journal of Alternative Dispute Resolution in Employment acknowledges the "skyrocketing" number of cases mediated under the Americans With Disabilities Act (ADA). The United States Supreme Court's recent opinions in Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc., and Albertson, Inc. v. Kirkingberg surprised many in the disability community by explicitly excluding an individual from ADA coverage if she mitigates her mental or physical impairment and the impairment as mitigated no longer substantially limits a major life activity. Will the Supreme Court's narrowing …

Socioeconomic Status And Morbidity In The Last Years Of Life, Youlian Liao, Daniel L. Mcgee, Jay S. Kaufman, Guichan Cao, Richard S. Cooper

Faculty Publications

Objectives. This study evaluated the effect of socioeconomic status, as characterized by level of education, on morbidity and disability in the last years of life. Methods. The analysis used data from the National Health Interview Survey (1986-1990), with mortality follow-up through December 1991. Results. Among 10 932 decedents 50 years or older at baseline interview, educational attainment was inversely associated with long-term limitation of activity, number of chronic conditions, number of bed days, and days of short hospital stay during the year preceding the interview. Conclusions. Decedents with higher socioeconomic status experienced lower morbidity and disability and better quality of …

Abdominal Adiposity In Six Populations Of West African Descent: Prevalence And Population Attributable Fraction Of Hypertension, Ike S. Okosun, Terrence E. Forrester, Charles N. Rotimi, Babatunde O. Osotimehin, Walinjom F. Muna, Richard S. Cooper

Faculty Publications

Objectives: The objective of this investigation was to examine the prevalence of abdominal adiposity and its association with the prevalence of hypertension among African descent populations in Nigeria, Cameroon, Jamaica, St. Lucia, Barbados, and the United States (US). Research Method: The data for this investigation were obtained from the International Collaborative Study on Hypertension in Blacks. Hypertension was defined as mean diastolic blood pressure ≥90 mmHg, systolic blood pressure ≥140 mmHg or current treatment with prescribed antihypertension medication. Abdominal overweight was defined as waist circumference (WC) ≥94 and ≥80 cm for men and women, respectively. Abdominal obesity was defined as …

Maximum-Likelihood Generalized Heritability Estimate For Blood Pressure In Nigerian Families, Charles N. Rotimi, Richard S. Cooper, Guichan Cao, Olufemi Ogunbiyi, Modupe Ladipo, Eme Owoaje, Ryk Ward

Faculty Publications

Elevated blood pressure (BP) is more common in relatives of hypertensives than in relatives of normotensives, indicating familial resemblance of the BP phenotypes. Most published studies have been conducted in westernized societies. To assess the ability to generalize these estimates, we examined familial patterns of BP in a population-based sample of 510 nuclear families, including 1552 individuals (320 fathers, 370 mothers, 475 sons, and 387 daughters) from Ibadan, Nigeria. The prevalence of obesity in this community is low (body mass index: fathers 21.6; mothers, 23.6; sons, 19.2; and daughters=21.0 kg/m2). The BP phenotype used in all analyses was created from …

Self-Reported Health Status And Mortality In A Multiethnic Us Cohort, Daniel L. Mcgee, Youlian Liao, Guichan Cao, Richard S. Cooper

Faculty Publications

The authors examined the relation between self-reported health status and mortality among the following racial/ethnic groups: Native Americans, Asian/Pacific Islanders, blacks, whites, and Hispanics. They pooled 1986- 1994 data from the National Health Interview Survey to obtain information on more than 700,000 cohort participants. Although fewer than 5,000 Native Americans are included in this cohort, the data provide information previously unavailable for this group. Also included are almost 17,000 Asian/Pacific Islanders, over 90,000 blacks, and over 50,000 Hispanics. The authors found strong associations between self-reported health status and both socioeconomic status and subsequent mortality. A self-report of fair or poor …

Genetic And Physiologic Analysis Of The Role Of Uncoupling Protein 3 In Human Energy Homeostasis, Wendy K. Chung, Amy Luke, Richard S. Cooper, Charles Rotini, Antonio Vidal-Puig, Michael Rosenbaum, Melvin Chua, Gemma Solanes, Min Zheng, Long Zhao, Charles Leduc, Andrew Eisberg, Florence Chu, Ellen Murphy, Mindy Schreier, Louis Aronne, Sonia Caprio, Bowie Kahle, Derek Gordon, Suzanne M. Leal, Rochelle Goldsmith, Antonio L. Andreu, Claudio Bruno, Salvatore Dimauro, Moonseong Heo, William L. Lowe, Bradford B. Lowell, David B. Allison, Rudolph L. Leibel

Faculty Publications

By virtue of its potential effects on rates of energy expenditure, uncoupling protein 3 (UCP3) is an obesity candidate gene. We identified nine sequence variants in UCP3, including Va19Met, Val102Ile, Arg282Cys, and a splice site mutation in the intron between exons 6 and 7. The splice mutation results in an inability to synthesize mRNA for the long isoform (UCP3L) of UCP3. Linkage (sib pair), association, and transmission disequilibrium testing studies on 942 African-Americans did not suggest a significant effect of UCP3 on body composition in this group. In vastus lateralis skeletal muscle of individuals homozygous for the splice mutation, no …

Certification In Honduras: Perspectives Of Wood Product Manufacturers, Consumers, Ngos And Government Forest Policymakers, Richard P. Vlosky, Juan Antonio Aguirre, Edna Carolina Soihet Montes, Lucie K. Ozanne, Gabriela Silva

Faculty Publications

Although research has been conducted that examines certification issues from stakeholder perspectives in temperate forest regions, very little has been done in tropical supplier countries. This study identifies key certification issues in Honduras, a Central American producer and exporter of forest products. Five stakeholder groups were studied: primary wood products manufacturers, secondary manufacturers, government forestry policymakers, non-governmental organizations and consumers. Results indicate that there a general lack of awareness about certification, an increasing willingness-to-pay for certification as one moves from the forest to the consumer, the need for transparency in the process, and the belief that certification should be conducted …

Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

The Expressive Function Of Succession Law And The Merits Of Non-Marital Inclusion, E. Gary Spitko

Faculty Publications

Intestacy statutes seek to further donative freedom by effectuating the attributed intent of those who fail to execute a valid estate plan during life. One might reasonably hypothesize that gay men and lesbians, on the whole, differ from the non-gay majority with respect to their donative intent. The fundamental difference in romantic and affectional preferences between gay people and non-gay people is likely to produce such a disparate donative intent. Much anecdotal evidence and recent empirical evidence strongly support this hypothesis.

Article II of the Uniform Probate Code presently ignores the existence of gay men and lesbians, despite the drafters' …

Policy And Science: A Review Essay Of Wilson’S Consilience: The Unity Of Knowledge, Thomas E. Geu

Faculty Publications

No abstract provided.

Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf

Faculty Publications

Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.

Measurement Of Dijet Photoproduction At High Transverse Energies 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 cross section for dijet photoproduction at high transverse energies is presented as a function of the transverse energies and the pseudorapidities of the jets. The measurement is performed using a sample of ep-interactions corresponding to an integrated luminosity of 6.3 pb-1, recorded by the ZEUS detector. Jets are defined by applying a kT-clustering algorithm to the hadrons observed in the final state. The measured cross sections are compared to next-to-leading order QCD calculations. In a kinematic regime where theoretical uncertainties are expected to be small, the measured cross sections are higher than these calculations.

Measurement Of High-Q2 Neutral-Current E+P Deep Inelastic Scattering Cross-Sections 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+p neutral-current deep inelastic scattering differential cross-sections dσ/dQ2, for Q2 > 400 GeV2, dσ/dx and dσ/dy, for Q2 > 400, 2500 and 10000 GeV2, have been measured with the ZEUS detector at HERA. The data sample of 47.7 pb-1 was collected at a center-of-mass energy of 300 GeV. The cross-section, dσ/dQ2, falls by six orders of magnitude between Q2 = 400 and 40000 GeV2. The predictions of the Standard Model are in very good agreement with the data. Complementing the observations of time-like Z° contributions to fermion-antifermion annihilation, the data provide direct evidence for the presence of Z° exchange in the …

Zeus Results On The Measurement And Phenomenology Of F2 At Low Cursive Greek Chi And Low Q2, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, D. Mikunas, B. Musgrave, J. Repond, R. Stanek, R. L. Talaga, R. Yoshida, H. Zhang, 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

Faculty Publications

Measurements of the proton structure function F2 for 0.6 < Q2 < 17 GeV2 and 1.2 × 10-5 < cursive Greek chi < 1.9 × 10 -3 from ZEUS 1995 shifted vertex data are presented. From ZEUS F2 data the slopes dF2/d ln Q2 at fixed cursive Greek chi and din F2/d ln(1/cursive Greek chi) for cursive Greek chi < 0.01 at fixed Q2 are derived. For the latter, E665 data are also used. The transition region in Q2 is explored using the simplest non-perturbative models and NLO QCD. The data at very low Q2 ≤ 0.65 GeV2 are described successfully by a combination of generalised vector meson dominance and Regge theory. From a NLO QCD fit to ZEUS data the gluon density in the proton is extracted in the range 3 × 10-5 < cursive Greek chi < 0.7. Data from NMC and BCDMS constrain the fit at large cursive Greek chi. Assuming the NLO QCD description to be valid down to Q2 ∼ 1 GeV2, it is found that the qq̄ sea distribution is still rising at small cursive Greek chi and the lowest Q2 values whereas the gluon distribution is strongly suppressed.

Health-Promoting Properties Of Common Herbs, Winston J. Craig

Faculty Publications

Herbs have been used as food and for medicinal purposes for centuries. Research interest has focused on various herbs that possess hypolipidemic, antiplatelet, antitumor, or immune-stimulating properties that may be useful adjuncts in helping reduce the risk of cardiovascular disease and cancer. In different herbs, a wide variety of active phytochemicals, including the flavonoids, terpenoids, lignans, sulfides, polyphenolics, carotenoids, coumarins, saponins, plant sterols, curcumins, and phthalides have been identified. Several of these phytochemicals either inhibit nitrosation or the formation of DNA adducts or stimulate the activity of protective enzymes such as the Phase II enzyme glutathione transferase (EC 2.5.1.18). Research …

Gathering To Nauvoo: Mormon Immigration 1840-46, Fred E. Woods

Faculty Publications

The gathering of the Mormon pioneers to Utah (commencing in 1847) has received extensive attention; however, the earlier LDS immigration to Nauvoo has not been adequately treated. This paper is the inspiring story of the British Saints who traveled to Nauvoo between June 1840 and February 1846. The international call to gather was received by the Prophet Joseph Smith during the second presentation of the Restored Church, less than six months after its organization in 1830.

Call Screening - Is It Really A Problem For Survey Research?, Michael W. Link, Robert W. Oldendick

Faculty Publications

No abstract provided.

Coyote Paradox: Some Indian Law Reflections From The Edge Of The Prairie, Frank Pommersheim

Faculty Publications

No abstract provided.

State Immunity From Federal Disability Discrimination Laws: Provisions Of The Ada And Rehabilitation Act Declared Unconstitutional, Tom Simmons

Faculty Publications

No abstract provided.

Personal Ontologies, Michael N. Huhns, Larry M. Stevens

Faculty Publications

Corporations can suffer from too much information, and it is often inaccessible, inconsistent, and incomprehensible. The corporate solution entails knowledge management techniques and data warehouses. The paper discusses the use of the personal ontology. The promising approach is an organization scheme based on a model of an office and its information, an ontology, coupled with the proper tools for using it.