Digital Commons Network^™

Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells

Faculty Publications

Part I of this article discusses the Court's opinions in Rust and Casey. It first demonstrates that the driving force in both decisions was the Court's characterization of abortion counseling as an activity rather than as speech. Part I further discusses the speech/conduct distinction in First Amendment jurisprudence and demonstrates that abortion counseling falls on the speech side of that distinction. Parts II and III suggest that the real cause of the conflation of speech and conduct in Rust and Casey was the confluence of (1) the reemergence of reasoning found in a curious commercial speech decision -- Posadas de …

Privatization Of Municipal Services: A Contagion In The Body Politic, Shirley Mays

Faculty Publications

No abstract provided.

Chapter 5: Unions, Finance, And Labor's Capital, Peter R. Pitegoff

Faculty Publications

Events in recent decades have dramatized the need for labor attention beyond narrow issues of wages and working conditions. In the face of widespread industrial disinvestment, unions have been hard-pressed to protect the job status or employment, or the future of their members. At the same time, the developing labor law has narrowed the range of bargaining opportunities for unions to affect corporate decisions-the very decisions that result in job dislocations and corporate transformations. The effectiveness of strikes has been undermined by growing use of permanent replacement workers.

To thrive in the coming decades, unions must carve out a new …

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii

Faculty Publications

Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …

Will The Federal Courts Of Appeals Perish If They Publish? Or Does The Declining Use Of Opinions To Explain And Justify Judicial Decisions Pose A Greater Threat?, Martha Dragich

Faculty Publications

This Article examines three of those practices: selective publication, summary disposition, and vacatur upon settlement.

A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck

Faculty Publications

Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …

The Effects Of Malnutrition On Child Mortality In Developing Countries, D.L. Pelletier, Edward A. Frongillo Jr., D.G. Schroeder, J.P. Habicht

Faculty Publications

No abstract provided.

Expression And Compartmentalization Of Caveolin In Adipose Cells: Coordinate Regulation With And Structural Segregation From Glut4, Konstantin V. Kandror, Jacqueline M. Stephens, Paul F. Pilch

Faculty Publications

Native rat adipocytes and the mouse adipocyte cell line, 3T3-L1, possess transport vesicles of apparently uniform composition and size which translocate the tissue-specific glucose transporter isoform, GLUT4, from an intracellular pool to the cell surface in an insulin-sensitive fashion. Caveolin, the presumed structural protein of caveolae, has also been proposed to function in vesicular transport. Thus, we studied the expression and subcellular distribution of caveolin in adipocytes. We found that rat fat cells express the highest level of caveolin protein of any tissue studied, and caveolin is also expressed at high levels in cardiac muscle, another tissue possessing insulin responsive …

Localization Of Endothelin-Like Immunoreactivity And Endothelin Binding Sites In Rabbit Eyes, Y. D. Zhao, L. X. Xu, J. W. Chandler

Faculty Publications

Immunohistochemistry and in vitro autoradiographic techniques were used to investigate the localization of endothelin (ET)-like immunoreactivity and [125I]ET-1 binding sites in sections of ocular tissues of normal rabbits. ET-like immunoreactivity was localized to the corneal endothelium and the pre-epithelial layer of the cornea, which was specifically inhibited by addition of exogenous ET-1. Immunoreactivity for ET was also observed in the retinal ganglion layer and periocular fat tissues. These, however, were not inhibited in the presence of ET-1. Autoradiography showed binding sites for ET-1 in the iris and ciliary body. Emulsion-dipped slidesof sections of rabbit eyes incubated with [125I]ET-1 showed specific …

Federalization: A Critical Overview, William P. Marshall

Faculty Publications

No abstract provided.

Privacy And Intelligent Transportation Technology, Dorothy J. Glancy

Faculty Publications

No abstract provided.

Universal Access To Infrastructure And Information, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Rethinking Preemption For Purposes Of Aliens And Public Benefits, Evangeline G. Abriel

Faculty Publications

No abstract provided.

Panel Two: Information Policy Making, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Tax Policy And Health Care Reform: Rethinking The Tax Treatment Of Employer-Sponsored Health Insurance, Bradley W. Joondeph

Faculty Publications

No abstract provided.

Dispute Resolution In Indian Country: Does Abstention Make The Heart Grow Fonder? (Panel Discussion), Frank Pommersheim

Faculty Publications

No abstract provided.

Diminishment Of Indian Reservations: Legislative Or Judicial Fiat?, (Panel Discussion), Frank Pommersheim

Faculty Publications

No abstract provided.

Discordance Between Lmp-Based And Clinically Estimated Gestational Age: Implications For Research, Programs, And Policy, Greg R. Alexander, Mark E. Tompkins, Donna J. Petersen, Thomas C. Hulsey, Joanne Mor

Faculty Publications

This study examines the comparability between the last menstrual period-based and clinically estimated gestational age as collected on certificates of live birth. It explores whether sociodemographic or delivery characteristics influence their agreement and contrasts health status and health care utilization indicators, such as preterm, small for gestational age, and adequacy of prenatal care percentages, produced by each gestational age measure. The 1989-91 South Carolina public use live birth files were used for this analysis. A total of 169,082 single births to resident mothers were selected for investigation.

The clinically estimated gestational age distribution exhibited a higher mean and a tendency …

Frederic Rzewski And Spontaneous Political Music, Christian T. Asplund

Faculty Publications

I am intrigued by Frederic Rzewski's ability, in his pieces from the 1960s and 70s, to model socio-political phenomena and to teach specific lessons about these phenomena on both intuitive and intellectual levels to both performers and listeners. Performers in particular will literally experience these socio-political phenomena in the course of performing these pieces. Rzewski seems to have achieved Brecht's ideal of a gestic music without dryness or lack of credibility.

Intensive Voice Treatment In Parkinson Disease: Laryngostroboscopic Findings, Christopher Dromey, Marshall E. Smith, Lorraine Olson Ramig, Kathe S. Perez, Raz Samandari

Faculty Publications

Summary: As part of ongoing research to investigate and document the efficacy of intensive voice therapy to improve functional communication in patients with idiopathic Parkinson disease, 45 patients were enrolled in a controlled, randomized, prospective study. Pre- to posttreatment comparisons are presented here on 22 of those patients who underwent laryngeal imaging examination. Of the 22 patients, 13 patients received intensive therapy aimed at increasing vocal and respiratory effort (VR), whereas nine received intensive therapy aimed at increasing respiratory effort (R) only. All patients had a pretreatment evaluation that included two (but sometimes only one) voice recordings and an otolaryngologic …

Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.

Drafting Mediation Privileges: Lessons From The Civil Justice Reform Act, Michael A. Perino

Faculty Publications

Mediation confidentiality provisions or privileges are now prevalent throughout the United States. Forty-one states have enacted some form of mediation privilege. As part of the Administrative Dispute Resolution Act of 1990, Congress enacted legislation to protect confidentiality in mediations involving federal agencies. An additional source for such provisions is the Civil Justice Reform Act of 1990 (CJRA), which required each federal district court to implement a civil justice expense and delay reduction plan (Plan(s)) by the end of 1993. Those Plans seek to implement mechanisms designed to address causes of excessive expense and delay in the federal courts.

A number …

Art Of Judicial Biography, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Psychological Relevance Of Phonological Generalizations In Spanish: An Experiment, David Eddington

Faculty Publications

A psycholinguistic experiment aids in determining if the phonological generalizations which appear in the literature on Spanish phonology are psychologically significant for Spanish speakers. The experiment focuses on whether common phonological alternations play a role in native speakers' perceptions of whether two words share a morpheme. The results indicate that they are a significant factor in speakers' perceptions of morphemic relatedness. Therefore, these findings provide some evidence that these phonological generalizations are psychologically valid, and not merely descriptive in nature.

The Right To Choose How To Die: A Constitutional Analysis Of State Laws Prohibiting Physician-Assisted Suicide, David Sloss

Faculty Publications

No abstract provided.

Introduction - Law And Literature: A Collection Of Essays On John Grisham's The Rainmaker, Donald J. Polden

Faculty Publications

No abstract provided.

Predicting The Effects Of Climate Change On Water Yield And Forest Production In The Northeastern United States, John D. Aber, Scott V. Ollinger, Anthony C. Federer, Peter B. Reich, David W. Kicklighter, Jerry M. Melillo, R. G. Lathrop Jr.

Faculty Publications

Rapid and simultaneous changes in temperature, precipitation and the atmospheric concentration of CO2 are predicted to occur over the next century. Simple, well-validated models of ecosystem function are required to predict the effects of these changes. This paper describes an improved version of a forest carbon and water balance model (PnET-II) and the application of the model to predict stand- and regional-level effects of changes in temperature, precipitation and atmospheric CO2 concentration. PnET-II is a simple, generalized, monthly time-step model of water and carbon balances (gross and net) driven by nitrogen availability as expressed through foliar N concentration. Improvements from …

Converging First Amendment Principles For Converging Communications Media, Thomas G. Krattenmaker, L. A. Powe Jr.

Faculty Publications

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.