Digital Commons Network^™

Critique Arguments As Policy Analysis: Policy Debate Beyond The Rationalist Perspective, Pat J. Gehrke

Faculty Publications

No abstract provided.

Desert, Utility, And Minimum Contacts: Toward A Mixed Theory Of Personal Jurisdiction, Kevin C. Mcmunigal

Faculty Publications

In this Essay, I suggest several steps to improve the Supreme Court's approach to minimum contacts analysis. Though they necessitate some modification of current doctrine, these steps require neither radical alteration of the test's current factors nor abandonment of any of its purposes. I propose a new way of looking at the Court's minimum contacts analysis that better explains and integrates the factors, temporal perspectives, and purposes that presently figure in the analysis. My approach draws on criminal law, analogizing a state's imposition of the burdens of jurisdiction to its imposition of a criminal sanction. It sees the minimum contacts …

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf

Faculty Publications

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.

Labor Market Responses To Rising Health Insurance Costs: Evidence On Hours Worked, David M. Cutler, Brigitte C. Madrian

Faculty Publications

Increases in the cost of providing health insurance must have some effect on labor markets, either in lower wages, changes in the composition of employment, or both. Despite a presumption that most of this effect will be in the fonn of lower wages, we document in this paper a significant effect on work hours as well. Using data from the CPS and the SIPP, we show that rising health insurance costs over the 1980s increased the hours worked of those with health insurance by up to 3 percent. We argue that this occurs because health insurance is a fixed cost, …

Greenwood Cemetery Cedar Falls, Iowa [Website], Thomas G. Connors

Faculty Publications

This site was created by history and social studies education students at the University of Northern Iowa in Cedar Falls, Iowa, under the direction of Thomas Connors ([email protected]), Assistant Professor of History, Karla Krueger, Curriculum & Technology Project Specialist, TyAnn Morehead, Educational Technology Specialist, Information Technology Services-Training, and John Schmitz and Justin Harringa, Technical Support Specialists. We gratefully acknowledge their support and assistance.

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millennium, Thomas Geu

Faculty Publications

No abstract provided.

Family Generativity And Generative Counseling: Helping Families Keep Faith With The Next Generation, David C. Dollahite, Brent D. Slife, Alan J. Hawkins

Faculty Publications

Counselors who are concerned with strengthening and healing relationships between generations can draw on the concept of generativity to assist them. This chapter invites counselors to grant a more prominent place for generativity in clinical work with families by (a) presenting the concept of family generativity as a logical extension of the generativity concept and (b) presenting some initial ideas on the new approach to clinical work designed to help families develop and sustain family generativity, which we call generative counseling. Generative counseling is illustrated by use of a clinical example, which is introduced briefly in a subsequent section …

Reconciliation And The Fiscal Constitution: The Anatomy Of The 1995-96 Budget "Train Wreck", Anita S. Krishnakumar

Faculty Publications

Congress originally conceived of the budget reconciliation process as a minor fallback mechanism for bringing one year's tax and spending policy in line with overall budget targets. Reconciliation has since become central to congressional efforts to reduce the federal budget deficit. This Note argues, however, that reconciliation is limited in its capacity to impel significant budgetary reform. The author demonstrates how, in 1995-96, reconciliation caused repeated breakdowns in governmental budget-making, undermining the entire budget process. The author concludes that the legal, institutional, and political constraints inherent in the reconciliation process will continue to constitute powerful obstacles to congressional efforts to …

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett

Faculty Publications

In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …

Women, The Law, And Cults: Three Avenues Of Legal Recourse: New Rape Laws, Violence Against Women Act, And Antistalking Laws, Robin A. Boyle

Faculty Publications

The author examines three avenues of legal recourse that are available to society at large, but may not be well-known to women in cults, their families, and their potential mental health providers. These avenues for recourse are improved rape laws now available in every state; recently-enacted federal legislation -- the 1994 Violence Against Women Act; and recently-enacted state and federal antistalking laws. The author developed this article from her speech delivered at the annual American Family Foundation conference on May 30, 1997, in Philadelphia, PA.

To Love, Honor, And (Oh) Pay: Should Spouses Be Forced To Pay Each Other's Debts?, A. Mechele Dickerson

Faculty Publications

No abstract provided.

Alcohol, Pregnancy And The Developing Child, Sandra J. Kelly

Faculty Publications

No abstract provided.

Due Process And The Subpoena Power In Federal Environmental, Health, And Safety Whistleblower Proceedings, Stephen Smith

Faculty Publications

No abstract provided.

Ending The Welcome: Changes In The United States' Treatment Of Undocumented Aliens (1986 To 1996), Evangeline G. Abriel

Faculty Publications

No abstract provided.

Asset Securitization: The Unsecured Creditor's Perspective, Lois R. Lupica

Faculty Publications

The Article examines assumptions behind literature that uncritically assumes that securitization transactions are necessarily efficient, finding that these assumptions are unwarranted. The Article is the first to view securitization transactions from an unsecured creditor’s perspective, and concludes that from such a perspective, securitization is not the panacea its proponents claim it to be.

The article first defines structured finance and describes the nature of the current market for asset-backed securities. Then, it outlines the benefits that securitization provides to originators and other transaction participants. With that background, it turns to the debate on the efficiency of secured transactions, applies the …

Institutional Analysis And Physicians' Rights After Vacco V. Quill, Larry I. Palmer

Faculty Publications

No abstract provided.

Justifying Racial Reform, Davison M. Douglas

Faculty Publications

No abstract provided.

Re-Defining Reproductive Freedom, Timothy Zick

Faculty Publications

No abstract provided.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.

Foreword: Government Lawyering, Neal Devins

Faculty Publications

No abstract provided.

Addressing An Industrywide Health Insurance Crisis By Spreading The Cost: Has Congress Violated The Constitution?, Jay E. Grenig

Faculty Publications

No abstract provided.

Resurrecting The Dodo: The Unfortunate Re-Emergence Of The Puffery Defense In Private Securities Actions, Jennifer O'Hare

Faculty Publications

The conventional wisdom is that the puffery defense is inapplicable in securities regulation. However, appellate courts in almost every federal circuit have recently used the puffery defense to dismiss private securities fraud actions that were based on vague statements of corporate optimism. This Article demonstrates that the courts have misused the puffery defense and have improperly insulated companies from liability for their misrepresentations. It contends that the assumptions justifying the use of the puffery defense are not present in securities transactions and that the federal securities laws have expressly rejected the very doctrine underlying the puffery defense-caveat emptor. Arguing that …

Reform Of Adult Guardianship Law, John E. Donaldson

Faculty Publications

No abstract provided.

Health Insurance Portability: The Consequences Of Cobra, Brigitte C. Madrian

Faculty Publications

THE RESPONSE OF THE CLINTON ADMINISTRATION and Congress to the failed attempt at fundamental health care reform in 1993 has been a series of incremental measures that expand the government’s role in the health care system. One recent initiative, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), restricts the ability of insurers to exclude preexisting medical conditions from insurance coverage. It also requires insurance companies to issue or renew coverage for individuals who have been insured but who no longer have access to group health insurance coverage. Those provisions are intended to address the issue of health insurance …

Does The Fda Have Authority To Regulate Human Cloning?, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

Examines the FDA's statutory authority to regulate human cloning.

What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman

Faculty Publications

No abstract provided.

The Evolution Of Health Care Decision Making: The Political Paradigm And Beyond, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

The ascendancy of the political paradigm as the primary mode of health care decision-making is a natural evolutionary reaction to the unrestrained market paradigm. Although a certain of political intrusion into the health care marketplace is both necessary and useful, it has the potential to unravel the efficiencies achieved by managed care. Overzealous intervention in the health care market in the name of "reform" may cause the health care decision-making pendulum to swing back to the provider paradigm, with its tendency to escalate health care costs and diminish access. One possible way to achieve decision-making equilibrium and and end the …

Does Medicare Eligibility Affect Retirement?, Brigitte C. Madrian, Nancy Dean Beaulieu

Faculty Publications

Concern over the lack of portability associated with employer-provided health insurance has precipitated a recent flurry of research activity on the effects of health insurance on labor market outcomes. Several estimates suggest that the costs associated with changing doctors and losing coverage for preexisting conditions are sufficient to deter individuals from changing jobs. These costs may be particularly important for older individuals contemplating retirement because a departure from the labor force may involve not only a change in doctors or lack of coverage for preexisting conditions but a complete loss of access to employer-provided group health insurance.

Approximations Of Open Quotient And Speed Quotient From Glottal Airflow And Egg Waveforms: Effects Of Measurement Criteria And Sound Pressure Level, Christopher Dromey, Christine M. Sapienza, Elaine T. Stathopoulos

Faculty Publications

Summary: Noninvasive measures of vocal fold activity are useful for describing normal and disordered voice production. Measures of open and speed quotient from glottal airflow and electroglottographic (EGG) waveforms have been used to describe timing events associated with vocal fold vibration. To date, there has been little consistency in the measurement criteria used to calculate quotient values. In this study, criteria of 20% and 50% were applied to the AC amplitude of glottal airflow and inverted EGG waveforms for measurement of open quotient. Criteria of 20%, 50%, and 80%, and a midslope criterion that segmented the waveform between 20% and …

Intentional Changes In Sound Pressure Level And Rate: Their Impact On Measures Of Respiration, Phonation, And Articulation, Christopher Dromey, Lorraine Olson Ramig

Faculty Publications

The purpose of the study was to compare the effects of changing sound pressure level (SPL) and rate on respiratory, phonatory, and articulatory behavior during sentence production. Ten subjects, 5 men and 5 women, repeated the sentence, "I sell a sapapple again," under 5 SPL and 5 rate conditions. From a multi-channel recording, measures were made of lung volume (LV), SPL, fundamental frequency (F0), semitone standard deviation (STSD), and upper and lower lip displacements and peak velocities. Loud speech led to increases in LV initiation, LV termination, F0, STSD, and articulatory displacements and peak velocities for both lips. Token-to-token variability …