Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Publications

Discipline
Institution
Keyword
Publication Year
File Type

Articles 13291 - 13320 of 14369

Full-Text Articles in Entire DC Network

Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman Jan 1997

Rationing Expensive Lifesaving Medical Resources, Maxwell J. Mehlman

Faculty Publications

In this Article, Professor Mehlman examines the possible systems for rationing expensive lifesaving medical technologies. First, he concludes that the costs of any rationing system probably exceed its benefits. Consequently, he rejects the rationing of expensive but available lifesaving medical technologies. Second, he argues that the increased availability of the technologies and the recent expansion of patient rights to sue will result in a substantial number of judicial challenges to rationing. Finally, he suggests detailed criteria to aid the courts in deciding whether a resource has been improperly rationed.

Go to article

The Supreme Court’S Misleading Footnote In General Dynamics, Erik M. Jensen Jan 1997

The Supreme Court’S Misleading Footnote In General Dynamics, Erik M. Jensen

Faculty Publications

This article examines footnote 3 in the Supreme Court's 1987 opinion in United States v. General Dynamics. In that case, governed by the law in place before the Tax Reform Act of 1984, the Court held that General Dynamics had to defer deductions attributable to claims for employee medical expenses until the claims were approved. In the footnote, the Court suggested that the 1984 amendment to section 461(h) of the Internal Revenue Code postponing the time for deducting accrued expenses until economic performance would, in a similar case governed by the statutory change, have further deferred General Dynamics' deduction until …

Go to article

Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman Jan 1997

Presumed Consent To Organ Donation: A Reevaluation, Maxwell J. Mehlman

Faculty Publications

his paper examines the presumed consent approach from a practical, legal and ethical perspective. It concludes that presumed consent for harvesting cadaveric organs a may be a viable policy alternative, but that research in a number of specific areas is needed before the policy can be endorsed.

Go to article

Judicial Review Of Customs Service Actions, Peter M. Gerhart Jan 1997

Judicial Review Of Customs Service Actions, Peter M. Gerhart

Faculty Publications

This article is based on a report prepared for the Administrative Conference of the United States in connection with its study of judicial review of actions taken by the U.S. Customs Service. The recommendations herein were adopted in substantially identical form by the Administrative Conference at its September 19, 1977, plenary session. The article examines the present availability and scope if review of administrative decisions of the U.S. Customs Service. The author analyzes the overall operation if the Customs Service, procedures for internal review of Customs ,decisions and for assessment of penalties and other sanctions, and the distribution if jurisdiction …

Go to article

Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii Jan 1997

Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii

Faculty Publications

Professor Frank Bowman proposed the following consolidated theft/fraud guideline to the U.S. Sentencing Commission in October 1997. The proposal is explained in detail in a forthcoming law review article, Coping With Loss”: A Re-Examination of Federal Economic Crime Sentencing Under the Guidelines, 51 Vanderbilt L. Rev. -- (April 1998).

Go to article

The Human Homolog Of A Mouse-Imprinted Gene, Peg3, Maps To A Zinc Finger Gene-Rich Region Of Human Chromosome 19q13.4, J. Kim, L. Ashworth, E. Branscomb, L. Stubbs Jan 1997

The Human Homolog Of A Mouse-Imprinted Gene, Peg3, Maps To A Zinc Finger Gene-Rich Region Of Human Chromosome 19q13.4, J. Kim, L. Ashworth, E. Branscomb, L. Stubbs

Faculty Publications

Peg3 (paternally expressed gene 3) is the first imprinted gene detected in the proximal region of mouse chromosome 7. Because imprinting is a trait that is generally conserved among mammals, and imprinted domains generally encompass several adjacent genes, expression patterns and chromosomal environment of the human counterpart of Peg3 are of special interest. In this study we have localized human PEG3 ~ 2 Mb proximal of the telomere of chromosome 19q, within a region known to carry large numbers of tandemly clustered Kruppel-type zinc finger-containing (ZNF) genes. Peg3 also encodes a Kruppel-type ZNF protein but one that is distinguished from …

Go to article

Response Of A Benthic Food Web To Hydrocarbon Contamination, Kevin R. Carman, John W. Fleeger, Steven M. Pomarico Jan 1997

Response Of A Benthic Food Web To Hydrocarbon Contamination, Kevin R. Carman, John W. Fleeger, Steven M. Pomarico

Faculty Publications

Direct and indirect effects of diesel-contaminated sediment on microalgae, meiofauna, and meiofauna-microalgae trophic interactions were examined in a microcosm study of the sediment community from a Spartina alterniflora salt marsh. Microcosms of natural sediment were given small dally doses of contaminated sediment over a 28-d period, creating low-, medium-, and high-diesel treatment concentrations of ~ 0.5, 5.5, and 55 ppm PAH, respectively. Diesel caused initial (within 7 h) reductions in microalgal grazing by meiobenthic harpacticoid copepods. Over longer periods of exposure (7-28 d), grazing on microalgae by copepods as a group was reduced in high-diesel treatments, primarily because of high …

Go to article

Transgenic Dairy Cattle: Genetic Engineering On A Large Scale, R. J. Wall, D. E. Kerr, K. R. Bondioli Jan 1997

Transgenic Dairy Cattle: Genetic Engineering On A Large Scale, R. J. Wall, D. E. Kerr, K. R. Bondioli

Faculty Publications

Amid the explosion of fundamental knowledge generated from transgenic animal models, a small group of scientists has been producing transgenic livestock with goals of improving animal production efficiency and generating new products. The ability to modify mammary-specific genes provides an opportunity to pursue several distinctly different avenues of research. The objective of the emerging gene "pharming" industry is to produce pharmaceuticals for treat-ing human diseases. It is argued that mammary glands are an ideal site for producing complex bioactive proteins that can be cost effectively harvested and purified. Consequently, during the past decade, approximately a dozen companies have been created …

Go to article

Alu Insertion Polymorphisms And Human Evolution: Evidence For A Larger Population Size In Africa, Mark Stoneking, Jennifer J. Fontius, Stephanie L. Clifford, Himla Soodyall, Santosh S. Arcot, Nilmani Saha, Trefor Jenkins, Mohammad A. Tahir, Prescott L. Deininger, Mark A. Batzer Jan 1997

Alu Insertion Polymorphisms And Human Evolution: Evidence For A Larger Population Size In Africa, Mark Stoneking, Jennifer J. Fontius, Stephanie L. Clifford, Himla Soodyall, Santosh S. Arcot, Nilmani Saha, Trefor Jenkins, Mohammad A. Tahir, Prescott L. Deininger, Mark A. Batzer

Faculty Publications

Alu insertion polymorphisms (polymorphisms consisting of the presence/absence of an Alu element at a particular chromosomal location) offer several advantages over other nuclear DNA polymorphisms for human evolution studies. First, they are typed by rapid, simple, PCR-based assays; second, they are stable polymorphisms-newly inserted Alu elements rarely undergo deletion; third, the presence of an Alu element represents identity by descent-the probability that different Alu elements would independently insert into the exact same chromosomal location is negligible; and fourth, the ancestral state is known with certainty to be the absence of an Alu element. We report here a study of 8 …

Go to article

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff Jan 1997

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.

Go to article

Guest Editor's Observations: Back To Basics: Helping The Commission Solve The "Loss" Mess With Old Familiar Tools, Frank O. Bowman Iii Jan 1997

Guest Editor's Observations: Back To Basics: Helping The Commission Solve The "Loss" Mess With Old Familiar Tools, Frank O. Bowman Iii

Faculty Publications

Roughly one-quarter of all convicted federal defendants are sentenced for some kind of economic crime.1 There is an emerging consensus that the provisions of the federal sentencing guidelines devoted to economic crime do not work very well, a consensus that has created a powerful momentum for significant change. This Issue of FSR is about whether the guidelines concerning economic offenses, principally §2B1.1 (Theft) and §2F1.1 (Fraud), should be materially altered, and if so, how. The debate that has been joined over this question is technically complex and philosophically challenging. There are disagreements over issues as particular as when collateral posted …

Go to article

Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Carl H. Esbeck Jan 1997

Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Carl H. Esbeck

Faculty Publications

It is often said that America's founding was an experiment in government. Certainly few features of the American constitutional settlement left more to future chance--and were more of a break with existing European patterns--than the Establishment Clause set out in the First Amendment. The new Republic sought to rely on transcendent principles to justify its unpre-cedented advancements in human liberty. Concurrently, the Founders reject ed any official or fixed formulation of these principles, for no public credo was to be established by law. So it is more than just a little ironic that the nation's most cherished human rights depend …

Go to article

Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner Jan 1997

Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner

Faculty Publications

The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.

Go to article

Regulation Of Root-Associated Methanotrophy By Oxygen Availability In The Rhizosphere Of Two Aquatic Macrophytes, Aram Calhoun, Gary M. King Jan 1997

Regulation Of Root-Associated Methanotrophy By Oxygen Availability In The Rhizosphere Of Two Aquatic Macrophytes, Aram Calhoun, Gary M. King

Faculty Publications

The relative importance of oxygen for root-associated methanotrophy was examined by using sediment-free, intact freshwater marsh plants (Pontederia cordata and Sparganium eurycarpum) incubated in split chambers. The root medium contained approximately 100 μM methane. Methane oxidation was calculated from the difference between methane loss from chambers in the presence and absence of 1 mM 1-allyl-2-thiourea, a methanotrophic inhibitor. When the root medium was oxic, methane oxidation accounted for 88 and 63% of the total methane depletion for S. eurycarpum and P. cordata, respectively; the remainder represented diffusional loss to the atmosphere via roots, stems, and leaves. Under suboxic conditions, methane …

Go to article

The Prevalence Of Hypertension In Seven Populations Of West African Origin, Richard Cooper, Charles Rotimi, Susan Ataman, Daniel Mcgee, Babatunde Osotimehin, Solomon Kadiri, Walinjom Muna, Samuel Kingue, Henry Fraser, Terrence Forrester, Franklyn Bennett, Rainford Wilks Jan 1997

The Prevalence Of Hypertension In Seven Populations Of West African Origin, Richard Cooper, Charles Rotimi, Susan Ataman, Daniel Mcgee, Babatunde Osotimehin, Solomon Kadiri, Walinjom Muna, Samuel Kingue, Henry Fraser, Terrence Forrester, Franklyn Bennett, Rainford Wilks

Faculty Publications

Objectives. This study was undertaken to describe the distribution of blood pressures, hypertension prevalence, and associated risk factors among seven populations of West African origin. Methods. The rates of hypertension in West Africa (Nigeria and Cameroon), the Caribbean (Jamaica, St. Lucia, Barbados), and the United States (metropolitan Chicago, Illinois) were compared on the basis of a highly standardized collaborative protocol. After researchers were given central training in survey methods, population-based samples of 800 to 2500 adults over the age of 25 were examined in seven sites, yielding a total sample of 10 014. Results. A consistent gradient of hypertension prevalence …

Go to article

Efficacy Of Bacillus Thuringiensis And Cabbage Cultivar Resistance To Diamondback Moth (Lepidoptera: Yponomeutidae), Paul W. Ivey, Seth J. Johnson Jan 1997

Efficacy Of Bacillus Thuringiensis And Cabbage Cultivar Resistance To Diamondback Moth (Lepidoptera: Yponomeutidae), Paul W. Ivey, Seth J. Johnson

Faculty Publications

Population density estimates were used to determine the effectiveness of a commercial formulation of Bacillus thuringiensis Berliner subspp. kurstaki and aizawai (Agree 50 WP®) and host plant resistance in three cabbage cultivars against the diamondback moth, Plutella xylostella (L.). Cabbage plots treated with agree 50 WP® had significantly fewer larvae per plant compared with untreated ones. The ranking from most to least susceptible of the three main cabbage cultivate grown in Jamaica was 'KY Cross' > 'Early Jersey' > 'Tropicana'. These findings provide evidence that a new cabbage hybrid, 'Tropicana', and products containing effective strains of B. thuringiensis may be successfully used …

Go to article

Effects Of Environmental Sodium Chloride On Percent Hatch, Yolk Utilization, And Survival Of Channel Catfish Fry, C. R. Weirich, T. R. Tiersch Jan 1997

Effects Of Environmental Sodium Chloride On Percent Hatch, Yolk Utilization, And Survival Of Channel Catfish Fry, C. R. Weirich, T. R. Tiersch

Faculty Publications

Only limited research has addressed the effect of salinity on hatching of channel catfish Ictalurus punctatus eggs, and no studies have evaluated the effect of salinity on fry development and survival. This study was undertaken to determine the effect of environmental sodium chloride (0, 1, 2, and 4 g/L NaCl) on percent hatch, yolk utilization, and survival of channel catfish fry. Experiments were conducted in recirculating systems using seven egg masses (1-2 d old). Each egg mass was divided into smaller portions which remained undissociated or were dissociated with sodium sulfite (NaSO3). Eggs were incubated until hatching. Wet and dry …

Go to article

British Women Poets Of The Romantic Era: An Anthology, Paula R. Feldman Jan 1997

British Women Poets Of The Romantic Era: An Anthology, Paula R. Feldman

Faculty Publications

No abstract provided.

Go to article

Defiling The Dead: Necrophilia And The Law, Tyler T. Ochoa, Christine Jones Jan 1997

Defiling The Dead: Necrophilia And The Law, Tyler T. Ochoa, Christine Jones

Faculty Publications

This article will examine the issue of criminal liability for necrophilia. Part II will address necrophilia in general and will discuss briefly why society finds such acts reprehensible. Part III will discuss existing criminal prohibitions against necrophilia in California and other states. Part IV will discuss the evidentiary use of necrophilia in proving other crimes. Finally, Part V will evaluate proposed legislation outlawing necrophilia.

Go to article

International Human Rights Protection Against Psychiatric Political Abuses, George J. Alexander Jan 1997

International Human Rights Protection Against Psychiatric Political Abuses, George J. Alexander

Faculty Publications

No abstract provided.

Go to article

The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv Jan 1997

The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Go to article

Tribal Courts And The Federal Judiciary: Opportunities And Challenges For A Constitutional Democracy, Frank Pommersheim Jan 1997

Tribal Courts And The Federal Judiciary: Opportunities And Challenges For A Constitutional Democracy, Frank Pommersheim

Faculty Publications

No abstract provided.

Go to article

Nondisclosure As A Contract Remedy: Explaining The Advance-Notice Puzzle, John T. Addison, John B. Chilton Jan 1997

Nondisclosure As A Contract Remedy: Explaining The Advance-Notice Puzzle, John T. Addison, John B. Chilton

Faculty Publications

Prior theoretical work predicts an underprovision of advance-notice contracts stemming from their enforcement costs. In the present model, it is rather the fundamental inability of workers to alienate their right to quit taken in conjunction with parameters central to job separation decisions that jointly determine the mix of notice and no-notice contracts observed in equilibrium. Not all equilibrium contracts are efficient, but there is no underprovision of notice. Mandating notice cannot improve on joint value and indeed may reduce it. Furthermore, although a mandate can be merely redistributive, there are cases in which it harms all parties.

Go to article

How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman Jan 1997

How Will We Regulate Genetic Enhancement, Maxwell J. Mehlman

Faculty Publications

Genetic enhancement technologies present difficult and novel regulatory issues, including the problem of measuring and comparing risks and benefits and dealing with the impact of these technologies on social values. This Article describes and evaluates the potential approaches that may be taken to regulate these technologies. The author concludes that a variety of approaches will be necessary, involving self-regulation, government restrictions on access and use, licensing, and a national lottery.

Go to article

The Case For A Permanent International Truth Commission, Michael P. Scharf Jan 1997

The Case For A Permanent International Truth Commission, Michael P. Scharf

Faculty Publications

This Article presents the case for the establishment of a permanent international truth commission as an adjunct to a permanent international criminal court or domestic prosecutions. Such a commission would be available to countries in the aftermath of situations involving grave humanitarian or human rights crimes. From the experience of the several international and national truth commissions established to date, this Article seeks to distill a framework for a pro- posed permanent international truth commission which would avoid the major problems that afflicted its predecessors. A draft statute for a permanent international truth commission is appended at the end of …

Go to article

The Validity Of The Qualitative Measures Of Teaching Performance Scale As A Measure Of Teacher Effectiveness, J. Len Gusthart, Ivan M. Kelly, Judith E. Rink Jan 1997

The Validity Of The Qualitative Measures Of Teaching Performance Scale As A Measure Of Teacher Effectiveness, J. Len Gusthart, Ivan M. Kelly, Judith E. Rink

Faculty Publications

The purpose of this study was to determine the relationship between the Qualitative Measures of Teaching Performance Scale (QMTPS; Rink & Werner, 1989) and teacher effectiveness in producing student achievement. The QMTPS focuses primarily on variables related to teacher clarity and task presentation. Nine middle school generalist (classroom) teachers were asked to teach volleyball forearm pass and serve over eight lessons as part of their normal curriculum. Students were pre- and post tested on the serve and forearm pass using the American Alliance for Health, Physical Education and Recreation (1969) volleyball tests. All lessons were videotaped and were coded using …

Go to article

Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons Jan 1997

Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons

Faculty Publications

In People in Interest of S.A.H., the South Dakota Supreme Court held that open adoptions, or post-adoption visitation by the natural parents, while not prohibited under South Dakota law when in the best interests of the child, should only be mandated when the trial court finds that it is in the best interests of the child by clear and convincing evidence. The court also instructed trial courts to weigh the needs of the child, the effect on integration with the new family, and the potential effect on the pool of other prospective adoptive parents. This decision, while securing judicial enforcement …

Go to article

The Effect Of Home Environment On Adolescent Substance Use And Depressive Symptoms, S. Susan Su, John P. Hoffmann, Dean R. Gerstein, Robert A. Johnson Jan 1997

The Effect Of Home Environment On Adolescent Substance Use And Depressive Symptoms, S. Susan Su, John P. Hoffmann, Dean R. Gerstein, Robert A. Johnson

Faculty Publications

We used data from the screening phase and first two waves of a panel study to compare the home environments of families with a substance-abusing parent, families with a depressed parent, and families in a comparison group. We diagnosed substance use disorder and affective disorder by administering the Structural Clinical Interview for the Diagnostic and Statistical Manual of Mental Disorders (third edition, revised) to each participating parent. The data suggest that families in which parents display a substance use disorder are very similar to those in which parents suffer from affective disorder, in terms of negative life events and lower …

Go to article

Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman Jan 1997

Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman

Faculty Publications

In the absence of widespread publicly sponsored needle exchange programs, the proposal has been made that physicians prescribe syringes and needles to intravenous (IV) drug users in order to reduce the risk of infection from HIV and other diseases that could result from needle sharing. One question is whether physicians who engage in this behavior, as well as pharmacists who fill the prescriptions, face a significant threat of malpractice liability if the IV drug user or someone else, perhaps an innocent bystander, is harmed as a result of the prescribed equipment. No such cases have been reported, per- haps because …

Go to article

Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman Jan 1997

Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman

Faculty Publications

The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …

Go to article

First Prev Next Last