Digital Commons Network^™

Language And Silence: Making Systems Of Privilege Visible, Stephanie M. Wildman, Adrienne D. Davis

Faculty Publications

No abstract provided.

Turning Girls Into Women: Re-Evaluating Modern Statutory Rape Law, Michelle Oberman

Faculty Publications

No abstract provided.

Compassion Fatigue And The First Amendment: Are The Homeless Constitutional Castaways?, Nancy A. Wright

Faculty Publications

No abstract provided.

Avoiding Constitutional Questions, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

Effects Of Dietary Boron In Rats Fed A Vitamin D-Deficient Diet, J. N. Dupre, M. J. Keenan, M. Hegsted, A. M. Brudevold

Faculty Publications

Although boron has long been known to be a required nutrient for plants, it was not until recently that there was any suggestion of a nutritional requirement for animals and humans. Addition of boron to the diet of vitamin D-deficient chicks indicated that boron may play a role in animal nutrition. Studies with rats have demonstrated that supplemental dietary boron has most marked effects when the diet is deficient in known nutrients. We observed higher apparent-balance values of calcium, magnesium, and phosphorus for rats fed a vitamin D-deprived diet with dietary supplemental boron (2.72 ppm), than for rats fed the …

The Human Remains From Carter-Ranch Pueblo,Arizona: Health In Isolation, Marie E. Danforth, Della Collins Cook, Stanley G. Knick Iii

Faculty Publications

Health patterns in the Pueblo III (A.D. 1100-1225) population from Carter Ranch Pueblo were investigated in skeletal remains from 34 individuals. Childhood health disruptions were assessed using stature, linear enamel hypoplasias, and Harris lines. Periostitis, arthritis, anemia, trauma, and dental pathology were also observed. Although the low juvenile representation is probably an effect of age-biased mortuary practices, results suggest a healthy population compared to larger southwestern sites. Trauma levels at the site are quite high, possibly indicating burial practices differentiated on the ability to work or other health criteria. Additionally, a number of genetic anomalies are present, suggesting an isolated …

The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister

Faculty Publications

In this article, Ms. Hannaford and Professor Hafemeister confront the issue of who will ensure that the needs of the growing elderly population are met. The authors provide a history and overview of guardianship proceedings and also provide, for the first time, a quantitative description of guardianship usage in the United States. The authors assert that guardianships and conservatorships remain effective ways to pro­tect the rights of the incompetent elderly person. Although these remedies create a legal right in the guardian to manage the financial and medical welfare of the elderly client, the authors argue that a lack of procedural …

Paying For The Deal: An Analysis Of Analysis Of Wire Transfer Law And International Financial Market Interest Groups, Raj Bhala

Faculty Publications

No abstract provided.

Compliance To Bleach Disinfection Protocols Among Injecting Drug Users In Miami, Clyde B. Mccoy, James E. Rivers, H. V. Mccoy, Paul Shapshak, Norman L. Weatherby, Dale D. Chitwood, J. Bryan Page, James A. Inciardi, Duane C. Mcbride

Faculty Publications

Bleach cleansing of injection equipment has been recommended to reduce the risk of human immunodeficiency virus (HIV) transmission associated with the reuse of injection equipment by injecting drug users (IDUs). We evaluated the recall and performance of the most commonly recommended bleach cleansing procedure of two complete fillings of the syringe with bleach, followed by two complete fillings with rinse water, and not putting used bleach and water back into source containers. IDUs were taught this procedure on enrollment in an HIV prevention demonstration project in Dade County, Florida. During follow-up session 6-12 months after initial training, the knowledge and …

Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff

Faculty Publications

"In his 1933 poem Burn the Cities, Nathanael West, the iconoclastic American novelist and urban radical, portrays the city as a focal point of discontent and of anguish for the world's predicament.2 From Jerusalem to Paris and finally to London, the poem winds through distressing urban imagery with scant opportunity for escape. The implicit modicum of hope is an overthrow of the present order. From older cities abroad, West imports an apocalyptic vision of cities at home."

Our Immigrant Heritage: A Struggle For Justice, Angelo N. Ancheta

Faculty Publications

No abstract provided.

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …

A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs

Faculty Publications

The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …

Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins

Faculty Publications

No abstract provided.

From Crippled To Disabled: The Legal Empowerment Of Americans With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone

Faculty Publications

No abstract provided.

Employment-Based Health Insurance And Job Mobility: Is There Evidence Of Job-Lock?, Brigitte C. Madrian

Faculty Publications

This paper assesses the impact of employer-provided health insurance on job mobility by exploring the extent to which workers are "locked' into their jobs because preexisting conditions exclusions make it expensive for individuals with medical problems to relinquish their current health insurance. I estimate the degree of job-lock by comparing the difference in the turnover rates of those with high and low medical expenses for those with and without employer-provided health insurance. Using data from the 1987 National Medical Expenditure Survey, I estimate that job-lock reduces the voluntary turnover rate of those with employer-provided health insurance by 25 percent, from …

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Faculty Publications

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …

Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades

Faculty Publications

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Faculty Publications

No abstract provided.

Appropriation Riders, Neal Devins

Faculty Publications

No abstract provided.

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Faculty Publications

No abstract provided.

Truth And The Religion Clauses, William P. Marshall

Faculty Publications

No abstract provided.

School/University Partnerships And The Uni Teaching Associates Cadre Model: Professional Benefits To Prek-12 Educators., Mary J. Selke, Roger A. Kueter

Faculty Publications

The implementation of the University of Northern Iowa's (UNI) Teaching Associates Cadre Model (TAC) Professional Development School (PDS) program is discussed within the context of Kagan's six stages of collaborative relationships: formation; conceptualization; development; implementation; evaluation; and termination or reformation. The TAC was designed to involve school-based practitioners more closely and directly in the preservice and inservice preparation of educators. TAC members are master teachers and experienced cooperating teachers who form professional partnerships with professors and clinical supervisors. Clinical supervisors are jointly employed by UNI and a school system to assist professor-coordinators with practicum supervision of student teachers. TAC members …

The Effect Of Health Insurance On Retirement, Brigitte C. Madrian

Faculty Publications

FOR DECADES health insurance in the United States has been provided to most nonelderly Americans through their own or a family member's employment. This system of employment-based health insurance has evolved largely because of the substantial cost advantages that employers enjoy in supplying health insurance. By pooling large numbers of individuals, employers face significantly lower administrative expenses than do individuals. In addition, employer expenditures on health insurance are tax deductible, but individual expenditures are generally not.¹

Despite these cost advantages, there is widespread dissatisfaction with this system of employment-based health insurance. Many people are excluded because not all employers …

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

Faculty Publications

No abstract provided.

Evolving Consensus: The Dynamic Future Of Environmental Law And Policy, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala

Faculty Publications

Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …

The Effect Of Verbal Elaborations On Memory In Young And Older Adults, Katie E. Cherry, Denise C. Park, David A. Frieske, Renee L. Rowley

Faculty Publications

The Stein paradigm was used to examine the circumstances under which verbal elaborations enhance memory in young and older adults. Subjects studied target adjectives that were embedded in one of three sentence contexts that varied in elaboration of the subject-adjective relationship: (1) nonelaborated base sentences; (2) base sentences with semantically consistent, but arbitrary verbal, elaborations; and (3) base sentences with explanatory verbal elaborations that clarified the significance of the subject-adjective relationship. The presence of the elaborations was varied at encoding and retrieval, and cued recall of the target adjectives was tested with incidental and intentional learning procedures. In Experiments 1A …