Digital Commons Network^™

Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino

Faculty Publications

From breast implants to cigarettes, mass tort class actions are a prominent and controversial part of the contemporary litigation landscape. A critical component of these actions is the ability of class members to “opt out” and thereby exclude themselves from the effect of any class judgment. The tension between individual autonomy and the desire for global resolution of mass controversies has led to an intense debate concerning the circumstances under which opt-out rights should be constrained, if at all.

This Article makes five distinct contributions to the class action literature. First, the Article applies the game theoretic concept of the …

Ontologies For Agents, Michael N. Huhns, Munindar P. Singh

Faculty Publications

An ontology is a computational model of some portion of the world. It is often captured in some form of a semantic network-a graph whose nodes are concepts or individual objects and whose arcs represent relationships or associations among the concepts. This network is augmented by properties and attributes, constraints, functions, and rules that govern the behavior of the concepts. Formally, an ontology is an agreement about a shared conceptualization, which includes frameworks for modeling domain knowledge and agreements about the representation of particular domain theories. Definitions associate the names of entities in a universe of discourse (for example, classes, …

Welfare Reform Under The Personal Responsibility Act: Ending Welfare As We Know It Or Governmental Child Abuse?, Nancy A. Wright

Faculty Publications

No abstract provided.

Stories From The Gender Garden: Transsexuals And Anti-Discrimination Law, Patricia A. Cain

Faculty Publications

Federal antidiscrimination law (Title VII) and most state antidiscrimination laws do not apply to discrimination against transsexual persons. The standard legal analysis is that such discrimination is not discrimination on the basis of "sex." This article employs a narrative method in order to raise the reader's consciousness about the lives of transsexual and transgendered persons. Specifically, the article focuses on the stories of female-to-male transsexuals (FTMs) and other females who have embraced male attributes (e.g., butch lesbians). The very existence of many FTMs who are part-male and part-female challenges the bipolar nature of our current sex jurisprudence which assumes that …

Unraveling The Tangled Web: Choosing The Proper Statute Of Limitation For Breach Of The Implied Covenant Of Good Faith And Fair Dealing, Tyler T. Ochoa, Andrew Wistrich

Faculty Publications

In this article, we first will review the general principles applicable to classification of claims for limitation purposes and the various statutes which could be applied to breach of the implied covenant of good faith and fair dealing. We then will examine cases in which the statute of limitation for breach of the implied covenant of good faith and fair dealing was at issue and analyze what limitation period, rules of accrual and tolling doctrines are appropriate in the absence of contractual modification. Finally, we will analyze the extent to which contractual modification of the limitation period, rules of accrual …

Genetics, Iq, Determinism, And Torts: The Example Of Discovery In Lead Exposure Litigation, Jennifer Wriggins

Faculty Publications

This article discusses a disturbing development in tort litigation in which defendants use deterministic, genetics-based ideas about individuals and their families to undercut and deflect attention from personal injury claims. Lead exposure litigation involving cognitive injuries claimed on behalf of children who have ingested lead paint is the context of this development. The most extreme manifestation to date has been the efforts in several states to compel relatives of lead-exposed children (usually mothers) to have IQ and psychological testing, even though they are not parties to the litigation. Rule 35 of the Federal Rules of Civil Procedure and its state …

Women's Health And Managed Care, Michelle Oberman, Margie Schaps

Faculty Publications

No abstract provided.

Employment Separation And Health Insurance Coverage, Jonathan Gruber, Brigitte C. Madrian

Faculty Publications

We study the interrelationship between employment separation and insurance coverage. We first document that employment separation is associated with large reductions in insurance coverage, even conditioning on underlying tastes for insurance.We then show that reducing the cost of insurance through state laws mandating continued access to employerprovided health insurance for the non-employed increases the likelihood of having insurance after separating from a job by 6.7%. These mandates also increase the number of individuals who separate and the total amount of time spent jobless. Finally, at least some of this increased non-employment appears to be spent in productive job search as …

Private Commissions, Assisted Reproduction, And Lawyering, Larry I. Palmer

Faculty Publications

No abstract provided.

On Difference And Equality, Cynthia V. Ward

Faculty Publications

No abstract provided.

Restating Capitalization Standards And Rules: The Case For "Rough Justice" Regulations (Part One), John W. Lee, Eldridge Blanton, Veena Luthra, Glenn Walberg, Darryl Whitesell

Faculty Publications

No abstract provided.

The End Of Busing?, Davison M. Douglas

Faculty Publications

No abstract provided.

Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone

Faculty Publications

No abstract provided.

Report Of The Task Force On Rule 102(E) Proceedings: Rule 102(E) Sanctions Against Accountants, Dixie L. Johnson, John H. Sturc, Kenneth B. Winer, Jayne W. Barnard, Evan J. Falchuk, Jeffrey T. Gilleran, Thomas Gorman, David B. Hardison, Gloria K. Niemi, Thomas L. Riesenberg

Faculty Publications

No abstract provided.

Setting Standards For Parenting - By What Right?, James G. Dwyer

Faculty Publications

Mental health professionals, like other professionals involved in family
matters, feel constrained when advocating for the interests of children by the belief
that parents are entitled to custody and control of their children's lives, regardless of
what others may think of their parenting behavior, absent severe harm to the children.
This belief is morally untenable, and the legal doctrine of parental rights that is its
concrete embodiment is inconsistent with other well-established legal principles and
should be abandoned. Children alone should have legal rights in connection with their
upbringing, and those rights should include an entitlement to much higher standards …

The Cosmetic/Drug Dilemma: Fda Regulation Of Alpha-Hydroxy Acids, Laura A. Heymann

Faculty Publications

No abstract provided.

Two Paradigms For The Market Value Of Liabilities, Robert R. Reitano, Craig B. Merrill

Faculty Publications

Financial valuation models can be applied to insurance- related claims. In particular, these models are being employed to calculate the market value of insurance liabilities. The goal of this paper is to introduce the various approaches to valuation that are used in the finance literature and show how the valuation of insurance liabilities fits into the financial valuation framework. The theory suggests that securitization of insurance liabilities may lead to better market value calculations.

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

Second-Best Solution: The First Amendment, Broadcast Indecency, And The V-Chip [Comments], Howard M. Wasserman

Faculty Publications

No abstract provided.

The Effect Of Ultrasonic Frequency Upon Enhanced Killing Ofp. Aeruginosa Biofilms, Zhen Qian, Richard D. Sagers, William G. Pitt

Faculty Publications

It is widely recognized that the bacteria sequestered in a biofilm on a medical implant are much more resistant to antibiotics than their planktonic counterparts. Recent studies have shown that application of antibiotic along with low power ultrasound significantly increases the killing of planktonic bacteria by the antibiotic. Herein is reported a similar application of antibiotic and ultrasound to sessile bacteria in biofilms of Pseudomonas aeruginosa on a polyethylene substrate. Biofilm viability was measured after exposure to 12 μg/ml gentamicin sulfate and 10 mW/cm² ultrasound at frequencies of 70 kHz, 500 kHz, 2.25 MHz, and 10 MHz. The results …

The Ability Of Children With Specific Language Impairment To Participate In A Group Decision Task, Lee Robinson, Martin Fujiki, Bonnie Brinton, Valyne J. Watson

Faculty Publications

This study examined the ability of 6 children with specific language impairment (SLI), ages 8:10 to 12:5 (years; months), to participate in a group negotiation task. Each child interacted with two peers to select toys that children their age would enjoy. Performance was compared to both chronological age-similar (CS) peers and language similar (LS) peers performing the same task. Analyses of the resulting interactions indicated that subjects with SLI produced significantly fewer utterances than the other children in the triad. Similar differences were not observed in the CS or LS triads. Additionally, significantly fewer utterances were addressed to the children …

The Ability Of Children With Specific Language Impairment To Access And Participate In An Ongoing Interaction, Lee Robinson, Martin Fujiki, Julie Campbell Spencer

Faculty Publications

This study investigated the ability of 6 children with specific language impairment (SLI), ages 8;10 to 12;5 (years;months), to enter and participate in an ongoing dyadic interaction. Performance was compared to that of 6 chronological age-matched (CA) peers and 6 language-similar (LS) peers. All children in the LS and CA groups successfully accessed the interaction, and most did so quickly. Two children from the SLI group did not access, and the 4 remaining subjects required varying amounts of time to access. Following successful access, the triadic interactions of subjects were examined. The accessing children with SU talked significantly less, were …

An Evaluation Of The Clinical Utility Of The College Adjustment Scales, Timothy B. Smith, Mark A. Nafziger, Gwenna C. Couillard

Faculty Publications

Comparisons of College Adjustment Scales (CAS) profiles with interview data from 748 clients generally supported the clinical usefulness of the CAS, although further refinements appear warranted.

The Redox State Of The [2fe-2s] Clusters In Soxr Protein Regulates Its Activity As A Transcription Factor, Huangen Ding, Elena Hidalgo, Bruce Demple

Faculty Publications

SoxR protein is a redox-responsive transcription factor that governs a regulon of oxidative stress and antibiotic resistance genes in Escherichia coli. Purified SoxR contains oxidized [2Fe-2S] clusters and stimulates in vitro transcription of its target gene soxS up to 100-fold. SoxR transcriptional activity, but not DNA binding, is completely dependent on the [2Fe-2S] clusters; apo-SoxR prepared in vitro binds the soxS promoter with unchanged affinity but does not have transcription activity. Thus, modulation of the SoxR [2Fe-2S] clusters was proposed to control the protein's function in transcription. Here, we provide evidence that SoxR with reduced [2Fe-2S] clusters is inactive. Redox …

Development Of An Orthogonal-Stripe Cdznte Gamma Radiation Imaging Spectrometer, J. R. Macri, B. A. Apotovsky, J. F. Butler, M. L. Cherry, B. K. Dann, A. Drake, F. P. Doty, T. G. Guzik, K. Larson, M. Mayer, M. L. Mcconnell, J. M. Ryan

Faculty Publications

We report performance measurements of a sub-millimeter resolution CdZnTe strip detector developed as a prototype for astronomical instruments operating with good efficiency in the 30-300 keV photon energy range. The prototype is a 1.4 mm thick, 64 × 64 contact stripe CdZnTe array of 0.375 mm pitch in both dimensions. Pulse height spectra were recorded in orthogonal-stripe coincidence mode which demonstrate room-temperature energy resolution < 10 keV (FWHM) for 122 keV photons with a peak-to-valley ratio > 5:1. Good response is also demonstrated at higher energies using a coplanar grid readout configuration. Spatial resolution capabilities finer than the stripe pitch are demonstrated. We present the image of a 133Ba source viewed through a …

Early Agriculture In The Maya Lowlands, Mary D. Pohl, Kevin O. Pope, John G. Jones, John S. Jacob, Dolores R. Piperno, Susan D. Defrance, David L. Lentz, John A. Gifford, Marie E. Danforth, J. Kathryn Josserand

Faculty Publications

Wetland research in northern Belize provides the earliest evidence for development of agriculture in the Maya Lowlands. Pollen data confirm the introduction of maize and manioc before 3000 B.C. Dramatic deforestation, beginning ca. 2500 B.C. and intensifying in wetland environments ca. 1500-1300 B.C., marks an expansion of agriculture, which occurred in the context of a mixed foraging economy. By 1000 B.C. a rise in groundwater levels led farmers to construct drainage ditches coeval with the emergence of Maya complex society ca. 1000-400 B.C. Field manipulations often involved minor modifications of natural hummocks. Canal systems are not as extensive in northern …

Activation Of Δ-Globin Gene Expression By Erythroid Krupple-Like Factor: A Potential Approach For Gene Therapy Of Sickle Cell Disease, David Donze, Paxson H. Jeancake, Tim M. Townes

Faculty Publications

Hemoglobin A2 (HbA2; α2δ2) is a powerful inhibitor of HbS (α2β2/(S) polymerization. However, HbA2 levels are normally low in sickle cell patients. We show that a major reason for low δ-globin gene expression is the defective CACCC box at -90 in the δ-globin promoter. When the CACCC box defect in δ is corrected, expression of an HS2 δ/Luciferase reporter is equivalent to HS2 β/Luciferase. Erythroid Krupple-like factor (EKLF), which binds to the CACCC box of the β-globin gene and activates high-level expression, does not bind to the normal δ-globin promoter. Our goal is to design a modified EKLF that binds …

Review Of Private Means, Public Ends: Voluntarism Vs. Coercion, Edited By J. Wilson Mixon, Jr., Fred Foldvary

Faculty Publications

A review of Private Means, Public Ends: Voluntarism vs. Coercion, edited by J. Wilson Mixon, Jr.The Foundation for Economic Education. 1996 • 150 pages. $14.95 paperback.

In Pursuit Of Health, Richard C. Reuben

Faculty Publications

Managed-care advocates praise its cost controls on treatments for beginning to tame the health care beast, which devoured nearly 14 percent of the nation's gross domestic product in 1994, according to the U.S. Department of Health and. Human Services. Such belt-tightening is necessary to allocate health care dollars rationally, advocates contend, pointing to direct patient costs as proof that a healthy balance has been achieved. But critics contend that managed care is more about making money than saving it. Even though costs have gone down, they argue, premiums have remained high and corporate profits have soared. More significantly, they charge …

Large-Area Sub-Millimeter Resolution Cdznte Strip Detector For Astronomy, J. R. Macri, B. A. Apotovsky, J. F. Butler, M. L. Cherry, B. K. Dann, F. P. Doty, T. G. Guzik, M. L. Mcconnell, J. M. Ryan

Faculty Publications

We report performance measurements of a sub-millimeter resolution CdZnTe strip detector developed as a prototype for astronomical instruments. The prototype is a 1.4 mm thick, 64 × 64 stripe CdZnTe array with 0.375 mm pitch in both dimensions. Pulse height spectra in orthogonal stripe coincidence mode were recorded at several energies. The room-temperature energy resolution is (FWHM) for 122 keV photons with a peak-to-valley ratio >5:1. We also demonstrate spatial resolution capabilities finer than the stripe pitch.