Digital Commons Network^™

Law School Clinics And The First Amendment, Jonathan L. Entin

Faculty Publications

No abstract provided.

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

Faculty Publications

This article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 29 two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.

The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …

An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric R. Carpenter

Faculty Publications

No abstract provided.

Clarifying Stereotyping, Kerri Lynn Stone

Faculty Publications

This Article addresses the largely undefined, misunderstood-yet-often-resorted-to concept of “stereotyping” as a basis for, or sufficient evidence of, liability for employment discrimination. Since, the concept’s genesis in Supreme Court jurisprudence in 1989, Price Waterhouse v. Hopkins, plaintiffs have proffered remarks alleged to be tinged with, or indicating the presence of, impermissible stereotypes as evidence of discrimination based on protected-class status – be that sex, race, color, religion, or national origin – in contravention of Title VII of the Civil Rights Act of 1964. The Article examines the language in Hopkins and its precise mandates and guidance for lower courts. It …

Camp Douglas: Keeping A Watchful Eye On The Saints, Kenneth L. Alford Ph.D.

Faculty Publications

A discussion of the establishment (1862) and early years of Camp Douglas, Utah Territory. Discusses the tense relationship between Brigham Young and Colonel (later Brigadier General) Patrick Edward Connor, U.S. Army commander of Camp Douglas.

Simulating The Neural Correlates Of Stuttering, Dirk B. Den Ouden, Charles F. Adams, Allen A. Montgomery

Faculty Publications

No abstract provided.

Higher Micronutrient Intake Is Associated With Human Papillomavirus-Positive Head And Neck Cancer: A Case-Only Analysis, Anna E. Arthur, Sonia A. Duffy, Gloria I. Sanchez, Stephen B. Gruber, Jeffrey E. Terrell, James R. Hébert, Emily Light, Carol R. Bradford, Nisha J. D'Silva, Thomas E. Carey, Gregory T. Wolf, Karen E. Peterson, Laura S. Rozek

Faculty Publications

No studies have investigated dietary differences between head and neck squamous cell carcinoma (HNSCC) patients with human papillomavirus (HPV)-positive tumors and patients with HPV-negative tumors. This study was designed to investigate the relationship between diet and HPV status in HNSCC patients. Cases of HNSCC were recruited from 2 clinical centers participating in the University of Michigan Head and Neck Specialized Program of Research Excellence (SPORE). HPV tissue genotyping was performed, and epidemiological and dietary data collected. Multivariable logistic regression tested whether pretreatment consumption of 12 selected micronutrients was significantly associated with HPV-positive status in 143 patients newly diagnosed with cancer …

Adjusting Wheal Size Measures To Correct Atopy Misclassification, Hongmei Zhang, Wilfried J. Karmaus, Jianjun Gan, Weichao Bao, Yan D. Zhao, Dewi Rahardja, John W. Holloway, Martha Scott, Syed Hasan Arshad

Faculty Publications

Purpose: Skin prick testing (SPT) is fundamental to the practice of clinical allergy identifying relevant allergens and predicting the clinical expression of disease. Wheal sizes on SPT are used to identify atopic cases, and the cut-off value for a positive test is commonly set at 3 mm. However, the measured wheal sizes do not solely reflect the magnitude of skin reaction to allergens, but also skin reactivity (reflected in the size of histamine reaction) and other random or non-random factors. We sought to estimate wheal sizes exclusively due to skin response to allergens and propose gender-specific cutoff points of atopy. …

Fitness And Adiposity As Predictors Of Functional Limitation In Adults, Andréa L. Maslow, Anna E. Price, Xuemei Sui, Duck-Chul Lee, Ilkka Vuori, Steven N. Blair

Faculty Publications

Background: This study examined the associations of body mass index (BMI), waist circumference (WC), and cardiorespiratory fitness (CRF) with incident functional limitation (IFL) in adults.

Methods: Patients (n = 2400), 30+ years [mean age, 45.2 (SD, 8.3); 12% women], completed a baseline health examination during 1979 to 1995. CRF was quantified by age- and sex-specific thirds for maximal treadmill exercise test duration. Adiposity was assessed by BMI and WC (grouped for analysis according to clinical guidelines). Incident IFL was identified from mail-back surveys during 1995, 1999, and 2004.

Results: After adjusting for potential confounders and either BMI or WC, CRF …

Prostate Cancer Incidence Rates In Africa, Lisa W. Chu, Jamie Ritchey, Susan S. Devesa, Sabah M. Quraishi, Hongmei Zhang, Ann W. Hsing

Faculty Publications

African American men have among the highest prostate cancer incidence rates in the world yet rates among their African counterparts are unclear. In this paper, we compare reported rates among black men of Sub-Saharan African descent using data from the International Agency for Research on Cancer (IARC) and the National Cancer Institute Surveillance, Epidemiology, and End Results Program from 1973-2007. Although population-based data in Africa are quite limited, the available data from IARC showed that rates among blacks were highest in the East (10.7-38.1 per 100,000 man-years, age-adjusted world standard) and lowest in the West (4.7-19.8). These rates were considerably …

Groundwater Uranium And Cancer Incidence In South Carolina, Sara E. Wagner, James B. Burch, Matteo Bottai, Robin C. Puett, Dwayne E. Porter, Susan Bolick-Aldrich, Tom Temples, Rebecca C. Wilkerson, John E. Vena, James R. Hébert

Faculty Publications

Objective

This ecologic study tested the hypothesis that census tracts with elevated groundwater uranium and more frequent groundwater use have increased cancer incidence.

Methods

Data sources included: incident total, leukemia, prostate, breast, colorectal, lung, kidney, and bladder cancers (1996–2005, SC Central Cancer Registry); demographic and groundwater use (1990 US Census); and groundwater uranium concentrations (n = 4,600, from existing federal and state databases). Kriging was used to predict average uranium concentrations within tracts. The relationship between uranium and standardized cancer incidence ratios was modeled among tracts with substantial groundwater use via linear or semiparametric regression, with and without stratification …

Alcohol Consumption And Risk Of All-Cause And Cardiovascular Disease Mortality In Men, Erin K. Howie, Xuemei Sui, Duck-Chul Lee, Steven P. Hooker, James R. Hébert, Steven N. Blair

Faculty Publications

This study examined the association between consumption of alcoholic beverages and all-cause and cardiovascular disease (CVD) mortality in a cohort of men (n = 31,367). In the Cox proportional hazards model adjusted for age, year of examination, body mass index (BMI), smoking, family history of CVD, and aerobic fitness, there were no significant differences in risk of all-cause mortality across alcohol intake groups. Risk of CVD mortality was reduced 29% in quartile 1 (HR = 0.71, 95% confidence interval (CI): 0.53, 0.95) and 25% in quartile 2 (HR = 0.75, 95% CI: 0.58, 0.98). The amount of alcohol consumed …

Association Between Depression And C-Reactive Protein, Yunsheng Ma, David E. Chiriboga, Sherry L. Pagoto, Milagros C. Rosal, Wenjun Li, Philip A. Merriam, James R. Hébert, Matthew C. Whited, Ira S. Ockene

Faculty Publications

Objective. Depression has been associated with increased cardiovascular disease risk, and a depression-related elevation of high sensitivity C-reactive protein (hs-CRP) has been proposed as a possible mechanism. The objective of this paper is to examine association between depression and high sensitivity C-reactive protein (hs-CRP). Methods. Subjects consisted of 508 healthy adults (mean age 48.5 years; 49% women, 88% white) residing in central Massachusetts. Data were collected at baseline and at quarterly intervals over a one-year period per individual. Multivariable linear mixed models were used to assess the association for the entire sample and by gender. Results. The …

Self-Rated Health Status And Cardiorespiratory Fitness As Predictors Of Mortality In Men, Jennifer Gander, Duck-Chul Lee, Xuemei Sui, James R. Hébert, Steven P. Hooker, Steven N. Blair

Faculty Publications

Self-rated health (SRH) and cardiorespiratory fitness (fitness) are independent risk factors for all-cause mortality. The purpose of this report is to examine the single and joint effects of these exposures on mortality risk. The study included 18 488 men who completed a health survey, clinical examination and a maximal exercise treadmill test during 1987–2003. Cox regression analysis was used to quantify the associations of SRH and fitness with all-cause mortality. There were 262 deaths during 17 years of follow-up. There was a significant inverse trend (p_trend <0.05) for mortality across SRH categories after adjustment for age, examination year, body mass index, physical activity, smoking, alcohol consumption, abnormal ECG, hypertension, hypercholesterolaemia, cardiovascular disease, diabetes and cancer. Adjustment for fitness attenuated the association (p value =0.09). The authors also observed an inverse association between fitness and mortality after controlling for the same covariates and SRH (p_trend = 0.006). The combined analysis of SRH and fitness showed that fit …

Web-Based Spatial Decision Support System And Watershed Management With A Case Study, Yanli Zhang, Matthew W. Mcbroom, J. Degroote, R. L. Kauten, P. K. Barten

Faculty Publications

In order to maintain a proper balance between development pressure and water resources protection, and also to improve public participation, efficient tools and techniques for soil and water conservation projects are needed. This paper describes the development and application of a web-based watershed management spatial decision support system, WebWMPI. The WebWMPI uses the Watershed Management Priority Indices (WMPI) approach which is a prioritizing method for watershed management planning and it integrates land use/cover, hydrological data, soils, slope, roads, and other spatial data. The land is divided into three categories: Conservation Priority Index (CPI) land, Restoration Priority Index (RPI) land, and …

Foreign Language Houses: Identities In Transition, Jennifer Brown, Dan Dewey, Rob A. Martinsen, Wendy Baker

Faculty Publications

This study examined the lived experience of students participating in foreign language houses to improve their skills in Russian, French, or Japanese. American students residing in apartments with other language learners and a nativespeaking resident facilitator were required to speak with one another exclusively in the target language and participate in activities such as preparing and eating dinner together. Data sources for the study included interviews, observations, and video recordings. The data, which were analyzed qualitatively, revealed that the central experience of living in the foreign language house was the creation of a livable community and that use of the …

Party Polarization And Congressional Committee Consideration Of Constitutional Questions, Neal Devins

Faculty Publications

No abstract provided.

Negotiating Federalism, Erin Ryan

Faculty Publications

Bridging the fields of federalism and negotiation theory, Negotiating Federalism analyzes how public actors navigate difficult federalism terrain by negotiating directly with counterparts across state-federal lines. In contrast to the stylized, zero-sum model of federalism that pervades political discourse and judicial doctrine, the Article demonstrates that the boundary between state and federal power is negotiated on scales large and small, and on an ongoing basis. It is also the first to recognize the procedural tools that bilateral federalism bargaining offers to supplement unilateral federalism interpretation in contexts of jurisdictional overlap.

The Article begins by situating its inquiry within the age-old …

Symposium On Commercial Speech And Public Health, Jonathan H. Adler

Faculty Publications

Does the constitutional protection of commercial speech impair the government's ability to protect and promote public health? Or does the commercial speech doctrine itself enhance consumer education and harness market competition to advance public health? Do First Amendment limitations on regulation of commercial messages unduly retard governmental efforts to safeguard consumers? Or do they properly constrain illiberal paternalism? If the Court has been over-protective of health-related commercial speech, is there a principled place to redraw the line? And how should those governmental agencies entrusted with the power to protect public health and welfare respond to these constitutional constraints?

The editors …

Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins

Faculty Publications

No abstract provided.

The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer

Faculty Publications

No abstract provided.

There’S No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury

Faculty Publications

This article analyzes the theory of dispute system design when put into action to meet a current economic crisis. In partnership with the City of Milwaukee, Marquette University Law School designed and now operates a voluntary mediation program to deal with the foreclosure crisis. The creation of the Marquette Foreclosure Mediation Program (MFMP) is a case study in dispute system design. Because MFMP is unlike other foreclosure mediation programs - in that it is was designed in conjunction with and is now operated by a law school - the design structure and results analysis are unique and can provide important …

Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren

Faculty Publications

This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …

Developing A Sustainability Plan At A Large U.S. College Of Education, Grinell Smith

Faculty Publications

Despite growing awareness of its importance, most sustainability education efforts in tertiary institutions do not significantly impact curricula. This paper details some of the activities and processes used to draft a sustainability strategic plan designed to address sustainability at the curricular level rather than merely the operational level within a large college of education at a large U.S. public university. The plan is also presented. Our goal was not to articulate a fixed policy but rather to produce a coherent plan that (1) fosters awareness and encourage people to join the effort and (2) readily accommodates input as more people …

A Phenomenological Approach To Understanding Early Adult Friendships Of Third Culture Kids, Kyoung Choi, Melissa Luke

Faculty Publications

A phenomenological qualitative approach was used to explore the experiences of six Third Culture Kid (TCK) participants regarding their early adult friendships at one midsize university in the United States. The term TCK refers to a person who has spent a significant amount of his or her childhood outside of his or her own country and culture of origin and who has assimilated these cultures into a third culture. TCK participants identified making friends as the most challenging issue in their adjustment to the United States. Four themes emerged from the participants’ narratives, with four illustrative metaphors drawn from the …

Building Meaningful Participation In (Re)Integration Among War-Affected Young Mothers In Liberia, Sierra Leone And Northern Uganda, S Mckay, A Veale, Miranda E. Worthen, M Wessells

Faculty Publications

No abstract provided.

Sex Trafficking Or Sex Work: Conceptions Of Trafficking Among Anti-Trafficking Organizations In Nepal, Miranda E. Worthen

Faculty Publications

Trafficking for sexual purposes is widely recognized as a violation of human rights. Trafficking of women and girls within Nepal and from Nepal to India’s red light districts is thought to be extremely common. There is sharp debate within the anti-trafficking community, both within Nepal and globally, about why trafficking occurs and how to prevent it. I argue that this disagreement is rooted in two distinct underlying frameworks employed by anti-trafficking advocates to understand trafficking, which I identify as the “Prostitution Framework” and the “Labour Exploitation Framework”. This article introduces these frameworks and investigates where the anti-trafficking community in Nepal …

The Relations Between Traumatic Exposures, Post-Traumatic Stress Disorder And Anger In Male And Female Veterans, Miranda E. Worthen

Faculty Publications

Military personnel who have served in Operation Iraqi Freedom and Operation Enduring Freedom have experienced high rates of combat exposure, which is associated with posttraumatic stress disorder. Less is known about the relations between military sexual trauma (sexual harassment, assault, and rape while serving in the military) and posttraumatic stress disorder. Little is known about anger problems in this Operation Enduring Freedom/Operation Iraqi Freedom veteran population, which research from prior conflicts suggests may be a consequence of both traumas and posttraumatic stress disorder. Anger is an emotional state closely related to aggression, hostility, and violence. Veterans who have difficulty controlling …

Freshman Orientation Sessions Can Teach Incoming Students About Healthful Lifestyles, Marjorie Freedman, Jennifer Waldrop

Faculty Publications

Currently, 32% of college students are overweight or obese (body mass index ≥ 25),which is likely because many adolescents enter college with an elevated body mass index. Further, the transition from high school to college is associated with weight gain.On their own for the first time, freshmen have greater independence in all aspects of their lives. Increased independence, in turn, often results in changes in types of food and beverages consumed, and in overall eating and exercise patterns—changes that often affect weight gain. Although the popular media continues to perpetuate the “Freshman 15” myth, a recent meta-analysis reported freshmen gain, …

Point-Of-Selection Nutrition Information Influences Choice Of Portion Size In An All-You-Can-Eat University Dining Hall, Marjorie Freedman

Faculty Publications

There is limited information about point-of-selection nutrition information on food choices in all-you-can-eat university dining halls, where food cost is controlled. This pilot study examined effects of point-of-selection nutrition information (pictures of different portion sizes with corresponding nutrition information) on students' choice of French fries and salad dressing and portion size of French fries. Point-of-selection nutrition information significantly decreased percentage consuming “large” portions of French fries (p < 0.05) but had a limited effect on salad dressing choice. Surveys indicated that >99% of respondents (n = 359) recalled point-of-selection nutrition information; more females used point-of-selection nutrition information to determine portion size. Additional studies are needed to support these promising results.