Digital Commons Network^™

Getting A Handle On Coverage Decisions: If Not Case Law, Then What - Comments On A Paper By Professor William Sage, Maxwell J. Mehlman

Faculty Publications

Comments on Professor William Sage's paper "Judicial Opinons Involving Health Insurance Coverage: Trope L'Oeil or Window on the World."

The Sign Of The Four": Judicial Assignment And The Rule Of Law, Jonathan L. Entin

Faculty Publications

This article will examine the issues of judicial assignment. Then the article will return to the Cameron situation in an effort to put that controversy into broader perspective. Finally, the article will consider state procedures that, for practical purposes, authorize litigants to make peremptory challenges to judges in certain circumstances. Those procedures have implications for the discussion of random assignments and for the way we think about Judge Cameron's charges.

“Why Infer”? What The New Institutional Economics Has To Say About Law-Supplied Default Rules, Juliet P. Kostritsky

Faculty Publications

A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law-supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative framework for assessing the costs and benefits of legal interventions, they are incompletely justified. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve the fundamental issues of legal intervention. The Article uses that framework to critique the hypothetical bargain and Ayres/Gertner penalty …

A Content Analysis Of Judicial Decision-Making: How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn Mercer

Faculty Publications

This article expands upon Professor Mercer's previous discussion of the efficacy of the primary caretaker standard in West Virginia.

The Power Paradox In Muslim Women’S Majales: North-West Pakistani Mourning Rituals As Sites Of Contestation Over Religious Politics, Ethnicity, And Gender, Mary E. Hegland

Faculty Publications

During revolutions, rebellions, and movements, women are often called on to serve contradictory roles. They are asked to perform workpolitical, communicative, networking, recruiting, military, manual - that generally goes beyond the society's usual gender restrictions. At the same time, women serve as symbols of movement identity, unity, commitment, and righteous entitlement. To fit into this idealized symbolic image, individual women must fulfill often "traditional" or even exaggerated "feminine" behavioral and attitudinal requirements, such as loyalty, obedience, selflessness, sacrifice, and "proper" deportment: all in all, they are to put aside any personal aspirations and wishes for self-fulfillment and give their all …

Crime Or Punishment: The Parental Corporal Punishment Defense - Reasonable And Necessary, Or Excused Abuse, Kandice Johnson

Faculty Publications

The parental right to use physical force to discipline and restrain children is a privilege firmly rooted in the American system of jurisprudence. This privilege is often asserted as a defense when parents are charged with a crime of aggression against their child. While the privilege to use disciplinary force is universally recognized as a defense in criminal actions, it is equally acknowledged that child abuse is a pervasive reality of American life. This article postulates that current laws, addressing assertion of the parental privilege defense in criminal actions, fail either to provide adequate guidance to parents or to sufficiently …

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells

Faculty Publications

This essay defends against the wholesale castigation of women who support the President. It reveals that such criticism is wrong and unfair. Specifically, it demonstrates that the critics have unreasonably characterized women's responses to Clinton as hypocritical or extremely naive, rather than as examples of astute political decision-making. The essay further exposes the sexism underlying the critics' arguments, revealing that stereotypes regarding (1) women's role as the keeper of morals and (2) women as non-political or non-rational beings are at the heart of much of the criticism. By reinforcing these stereotypes, the critics pose a greater danger to women than …

The Constitutionalization Of Law In The United States, William B. Fisch, Richard S. Kay

Faculty Publications

The constitution is that the federal courts and a majority of state court systems will only entertain a constitutional claim in the context of a concrete dispute involving adversary parties with a specific stake in the outcome, and abstract review in these systems is unknown.

Analysis Of Resistance Gene-Mediated Defense Responses In Arabidopsis Thaliana Plants Carrying A Mutation In Cpr5, Jens Boch, Michelle L. Verbsky, Tara L. Robertson, John C. Larkin, Barbara N. Kunkel

Faculty Publications

In resistant plants, pathogen attack often leads to rapid activation of defense responses that limit multiplication and spread of the pathogen. To investigate the signaling mechanisms underlying this process, we carried out a screen for mutants in the signaling pathway governing resistance in Arabidopsis thaliana to the bacterial pathogen Pseudomonas syringae. This involved screening for suppressor mutations that restored resistance to a susceptible line carrying a mutation in the RPS2 resistance gene. A mutant that conferred resistance by activating defense responses in the absence of pathogens was isolated. This mutant, which carries a mutation at the CPR5 locus and was …

Diversity Within Streptomyces Ipomoeae Based On Inhibitory Interactions, Rep-Pcr, And Plasmid Profiles, C. A. Clark, C. Chen, N. Ward-Rainey, G. S. Pettis

Faculty Publications

Streptomyces soil rot is a destructive disease of sweetpotato (Ipomoea batatas) that causes yield loss resulting from decay of the feeder root system and reduced quality due to the presence of necrotic lesions on the storage roots. It is managed by the use of resistant cultivars, but variability of the pathogen has not been previously assessed. This study compared 36 strains of the pathogen Streptomyces ipomoeae from different locations in the United States and Japan. The strains could be separated into three groups on the basis of their ability to inhibit the growth of one another in in vitro assays. …

From Archive To Map To Pastoral Landscape: A Spatial Perspective On The Livestock Ecology Of Sixteenth-Century New Spain, Andrew Sluyter

Faculty Publications

No abstract provided.

A Favored Place: San Juan River Wetlands, Central Veracruz, Ad 500 To The Present. By Alfred H. Siemens, Andrew Sluyter

Faculty Publications

No abstract provided.

Performance And Metabolic Responses Of Young Dairy Calves Fed Diets Supplemented With Chromium Tripicolinate, C. L. Depew, L. D. Bunting, J. M. Fernandez, D. L. Thompson, R. W. Adkinson

Faculty Publications

Forty-two Holstein calves were used to study performance and metabolic responses when milk replacer and then postweaning starter were supplemented with 1 ppm of Cr as Cr-tripicolinate. From birth through 8 wk of age, supplemental Cr tended to improve the growth performance of bull calves but not of heifer calves. Starter intake and feed efficiency were not affected by supplemental Cr. From 1 to 5 wk of age, plasma cortisol concentrations sampled just prior to feeding decreased, and concentrations of insulinlike growth factor-I increased. All calves appeared to become less sensitive to insulin as they aged. From 1 to 5 …

Estimating African American Admixture Proportions By Use Of Population- Specific Alleles, Esteban J. Parra, Amy Marcini, Joshua Akey, Jeremy Martinson, Mark A. Batzer, Richard Cooper, Terrence Forrester, David B. Allison, Ranjan Deka, Robert E. Ferrell, Mark D. Shriver

Faculty Publications

We analyzed the European genetic contribution to 10 populations of African descent in the United States (Maywood, Illinois; Detroit; New York; Philadelphia; Pittsburgh; Baltimore; Charleston, South Carolina; New Orleans; and Houston) and in Jamaica, using nine autosomal DNA markers. These markers either are population-specific or show frequency differences >45% between the parental populations and are thus especially informative for admixture. European genetic ancestry ranged from 6.8% (Jamaica) to 22.5% (New Orleans). The unique utility of these markers is reflected in the low variance associated with these admixture estimates (SEM 1.3%-2.7%). We also estimated the male and female European contribution to …

Egg Parasitoids Of Homalodisca Coagulata (Homoptera: Cicadellidae), Serguei V. Triapitsyn, Russell F. Mizell, Janice L. Bossart, Christopher E. Carlton

Faculty Publications

A survey of egg parasitoids of the leafhopper Homalodisca coagulata was conducted in California, Florida and Louisiana. The mymarid wasp Gonatocerus ashmeadi was found to be the most common natural enemy in all locations sampled; G. fasciatus and the trichogrammatid Zagella sp. are recognized as potential biological control agents for introduction into southern California.

Identification And Characterization Of A 14-Kilodalton Brucella Abortus Protein Reactive With Antibodies From Naturally And Experimentally Infected Hosts And T Lymphocytes From Experimentally Infected Balb/C Mice, R. L. Chirhart-Gilleland, M. E. Kovach, P. H. Elzer, S. R. Jennings, R. M. Roop

Faculty Publications

A low-molecular-weight recombinant Brucella abortus protein reactive with antibodies from a variety of naturally and experimentally infected hosts and T lymphocytes from experimentally infected mice was identified and given the designation BA14K. The gene encoding BA14K was cloned and characterized, and the predicted amino acid sequence of this immunoreactive protein showed no significant homology with previously described proteins. Sequences homologous to the cloned fragment encoding BA14K were identified by Southern blot analysis of genomic DNAs from representatives of all of the currently recognized Brucella species. Studies employing BA14K should contribute to our efforts to better understand the antigenic specificity of …

Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri

Faculty Publications

This paper focuses on the political and moral debate surrounding two pieces of federal legislation which sought to criminalize a particular late term abortion technique scientifically known as "intact dilation and extraction," and popularly known as "partial birth abortion." The Congressional "Partial Birth Abortion" Bans of 1996 and 1997 inflamed the already emotionally charged contest over abortion rights. The intense lobbying and advocacy efforts put pro-choice activists in the uncomfortable position of having to defend one of the most extreme positions on the abortion-rights spectrum. The advocacy was further complicated by the fact that very few women obtain late term …

A "Party Satisfaction" Perspective On A Comprehensive Mediation Statute, James Levin, Chris Guthrie

Faculty Publications

Mediation Statute, 13 Ohio St. J. on Disp. Resol. 885 (1998)

During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation and other dispute resolution processes. The National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Bar Association Section of Dispute Resolution have recently formed a unique partnership to assess whether a model or uniform mediation statute might remedy some of the problems caused by the current patchwork of often confusing and conflicting mediation laws. The task …

Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii

Faculty Publications

This article examines the connections between the doctrine of reasonable expectations and the law of contract. Judge Keeton urged in his 1970 article that protecting the insured's reasonable expectations is a better justification for results in many reported cases than the rationales offered by judges! Without disagreeing with that point, it can be claimed, as this article does, that insurance law's efforts to explain outcomes that contradict the plain language of contractual text are appropriately viewed as a subset of a larger effort to rationalize contract law with the challenges presented by the widespread use of standardized forms in consumer …

Third Party Intervention And Joinder As Of Right In International Arbitration: An Infringement Of Individual Contract Rights Or A Proper Equitable Measure?, S. I. Strong

Faculty Publications

Arbitration has long been called a creature of contract, a dispute resolution mechanism that has no form or validity outside the four corners of the parties' arbitration agreement. Some feel, however, that it may be time to change this narrow interpretation of arbitration's function and scope, and nowhere is this need for reform more apparent than in the realm of multi-party international disputes. Arbitration has taken on an increasingly important role in international commercial transactions and has become the preferred dispute resolution mechanism in many types of transnational contracts. Although there are any number of reasons why this may be …

Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky

Faculty Publications

The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …

Measuring The Nexus: The Relationship Between Minority Ownership And Broadcast Diversity After Metro Broadcasting, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Asset Securitization: The Unsecured Creditor's Perspective, Lois R. Lupica

Faculty Publications

The Article examines assumptions behind literature that uncritically assumes that securitization transactions are necessarily efficient, finding that these assumptions are unwarranted. The Article is the first to view securitization transactions from an unsecured creditor’s perspective, and concludes that from such a perspective, securitization is not the panacea its proponents claim it to be.

The article first defines structured finance and describes the nature of the current market for asset-backed securities. Then, it outlines the benefits that securitization provides to originators and other transaction participants. With that background, it turns to the debate on the efficiency of secured transactions, applies the …

Simultaneous Observations Of Compton Gamma Ray Observatory-Batse Gamma-Ray Bursts With The Cobe Dmr, Peter D. Jackson, Christoph Winkler, J. Gregory Stacy, T. J.Romke Bontekoe

Faculty Publications

Data acquired with the COBE Differential Microwave Radiometer (DMR) provide a unique opportunity to observe simultaneous emission from cosmic gamma-ray bursts in the previously unexplored microwave region of the spectrum. We have searched the COBE DMR time-ordered data sets for instances when one of the DMR horns (FWHM ∼ 7°) was pointing in the direction of a gamma-ray burst at the time of burst occurrence. During the overlap period 1991 April-December corresponding to the first public release of COBE data, 210 Compton Gamma Ray Observatory (CGRO)/BATSE gamma-ray bursts listed in the Third BATSE (3B) Catalog were viewable by the COBE …

Macroscopic Studies Of Short-Pulse High-Order Harmonic Generation Using The Time-Dependent Schrödinger Equation, M. B. Gaarde, Ph Antoine, A. L’Huillier, K. J. Schafer, K. C. Kulander

Faculty Publications

We consider high harmonic generation by ultrashort (27–108 fs) laser pulses and calculate the macroscopic response of a collection of atoms to such a short pulse. We show how the harmonic spectrum after propagation through the medium is significantly different from the single-atom spectrum. We use single-atom data calculated by integration of the time-dependent Schrödinger equation and propose a method, based on an adiabatic approximation, to extract the data necessary to perform a propagation calculation. © 1998 The American Physical Society.

Frequency-Resolved Time-Gated High-Order Harmonics, Carlo Altucci, Christian Delfin, Lena Roos, Mette B. Gaarde, Anne L’Huillier, Ian Mercer, Tomas Starczewski, C. G. Wahlström

Faculty Publications

We report measurements of high-order harmonic spectra obtained with a 800-nm 150-fs laser pulse with a time-varying degree of ellipticity. The modulation of the polarization in time is achieved by using birefringent optics and self-phase modulation in a glass plate. We can create one or two temporal gates of a few femtoseconds width, during which the polarization is linear and harmonic emission is efficient. The harmonic spectra observed experimentally demonstrate that harmonics generated with linear polarization are frequency chirped. The values measured experimentally are consistent with theoretical predictions based on the strong field approximation. © 1998 The American Physical Society.

Single-Head Spin Modes In Frontal Polymerization, Victor M. Ilyashenko, John A. Pojman

Faculty Publications

The single-head spin mode is the first two-dimensional pattern of self-propagating thermal reaction fronts observed after the planar front loses stability. A "hot spot" is observed to propagate around the periphery of the front. The dynamics of the single-head frontal polymerization regime were studied experimentally, and two novel results were found. The "hot spot" was measured and found to be superadiabatic. The relationship between the rotational velocity and the propagating velocity was found. Experimental data were also compared with the theoretical results based on the linear stability analysis and found to be in a reasonable agreement. © 1998 American Institute …

The Effect Of Convection On A Propagating Front With A Liquid Product: Comparison Of Theory And Experiments, B. Mccaughey, J. A. Pojman, C. Simmons, V. A. Volpert

Faculty Publications

This work is devoted to the investigation of propagating polymerization fronts converting a liquid monomer into a liquid polymer. We consider a simplified mathematical model which consists of the heat equation and equation for the depth of conversion for one-step chemical reaction and of the Navier-Stokes equations under the Boussinesq approximation. We fulfill the linear stability analysis of the stationary propagating front and find conditions of convective and thermal instabilities. We show that convection can occur not only for ascending fronts but also for descending fronts. Though in the latter case the exothermic chemical reaction heats the cold monomer from …

Tectonic Controls On Sedimentation And Diagenesis In The Tonga Trench And Forearc, Southwest Pacific, P. D. Clift, C. J. Macleod, D. R. Tappin, D. J. Wright, S. H. Bloomer

Faculty Publications

Sedimentation in the Tonga forearc is dominated by the redeposition of volcaniclastic sediment from the arc volcanic front by mass flows and turbidity currents onto the adjacent Tonga Platform, the shallowest, flattest part of the forearc region. The greatest sediment thicknesses accumulate in debris aprons close to the volcanic front. Collision of seamounts, notably the Capricorn Seamount and the Louisville Ridge, with the forearc radically shortens and steepens the adjacent modern trench slope, allowing sediment to be redeposited deep into the trench. Rotation, usually arcward, of existing basins on the midslope during collision generates angular unconformities, while synchronous uplift of …

Overt And Relational Aggression In Russian Nursery-School-Age Children: Parenting Style And Marital Linkages., C. H. Hart, D. A. Nelson, C. C. Robinson, S. F. Olsen, M. K. Mcneilly-Choque

Faculty Publications

Maternal and paternal parenting styles and marital interactions linked to childhood aggressive behavior as described in Western psychological literature were measured in an ethnic Russian sample of 207 families of nursery-school-age children. Results corroborated and extended findings from Western samples. Maternal and paternal coercion, lack of responsiveness, and psychological control (for mothers only) were significantly correlated with children's overt aggression with peers. Less responsiveness (for mothers and fathers) and maternal coercion positively correlated with relational aggression. Some of these associations differed for boys versus girls. Marital conflict was also linked to more overt and relational aggression for boys. When entered …