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Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Consent, Robin Fretwell Wilson Feb 2006

Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Consent, Robin Fretwell Wilson

Faculty Scholarship

Recent reports of medical students performing pelvic exams for training purposes on anesthetized women without their consent have produced a firestorm of controversy. Peter Ubel and colleagues found that 90% of medical students performed such exams during their obstetrics/gynecology rotations. A series of 2003 reports focused a white-hot spotlight on this teaching practice and resulted in Federal Trade Commission and Department of Justice hearings and action by the American Association of Medical Colleges and the American College of Obstetrics and Gynecology. In this article, Professor Wilson examines the merits of the defenses and justifications for using female patients for pelvic …


The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger Feb 2006

The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger

Faculty Scholarship

Closed circuit television video (CCTV) surveillance systems need to be introduced or enhanced in the public areas within United States’ mass transit systems. London’s extensive system was used very successfully in the investigation of the July 2005 terrorist attacks on its subway and bus systems. That effective investigatory use of CCTV is very likely to be a significant deterrence to future terrorist activities on London mass transit. The United States must be prepared in the event of similar attacks on its soil. As roughly twenty times more people travel by mass transit than by air, it is time for this …


Neuromechanics Of Coordination During Swallowing In Aplysia Californica, Hui Ye, Douglas W. Morton, Hillel J. Chiel Feb 2006

Neuromechanics Of Coordination During Swallowing In Aplysia Californica, Hui Ye, Douglas W. Morton, Hillel J. Chiel

Faculty Scholarship

Bernstein (1967) hypothesized that preparation of the periphery was crucial for correct responses to motor output. To test this hypothesis in a behaving animal, we examined the roles of two identified motor neurons, B7 and B8, which contribute to feeding behavior in the marine mollusk Aplysia californica. Neuron B7 innervates a hinge muscle and has no overt behavioral effect during smaller-amplitude (type A) swallows, because the hinge muscle is too short to exert force. Neuron B8 activates a muscle (I4) that acts solely to grasp material during type A swallows. During larger-amplitude (type B) swallows, the behavioral actions of both …


Nonadditivity In Van Der Waals Interactions Within Multilayers, Roger H. French Jan 2006

Nonadditivity In Van Der Waals Interactions Within Multilayers, Roger H. French

Faculty Scholarship

Working at the macroscopic continuum level, we investigate effective van der Waals interactions between two layers within a multilayer assembly. By comparing the pair interactions between two layers with effective pair interactions within an assembly we assess the significant consequences of nonadditivity of van der Waals interactions. This allows us to evaluate the best numerical estimate to date for the Hamaker coefficient of van der Waals interactions in lipid-water multilamellar systems.


Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life-Decision-Making-Advocates Are Not Out To Get Them, Kathy L. Cerminara Jan 2006

Critical Essay: Musings On The Need To Convince Some People With Disabilities That End-Of-Life-Decision-Making-Advocates Are Not Out To Get Them, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Critical Essay: Musings on the Need to Convince Some People with Disabilities That End-of-Life-Decision-Making Advocates are Not Out to Get Them, 37 Loyola University of Chicago Law Journal 343 (2006). As others have noted, the importance of the Terri Schiavo case is not legal; the various Schiavo opinions broke no new legal ground other than the constitutional questions raised when legislatures began intervening to attempt to change the outcome of the end-of-life decision-making rulings. Rather, it was activism by certain disability rights and vitalist groups that so caught the attention of the public, the politicians and the …


For The Benefit Of The Infant: An Introduction To The Symposium To End Child Abuse, Jon M. Garon Jan 2006

For The Benefit Of The Infant: An Introduction To The Symposium To End Child Abuse, Jon M. Garon

Faculty Scholarship

No abstract provided.


Undesirable Implications Of Disclosing Individual Genetic Results To Research Participants, Leslie Meltzer Henry Jan 2006

Undesirable Implications Of Disclosing Individual Genetic Results To Research Participants, Leslie Meltzer Henry

Faculty Scholarship

The bioethics and legal community are divided over whether investigators who conduct biomedical research are ethically and/or legally obligated to disclose incidental genetic findings to research participants. This paper argues that the justification for disclosure rests on the mistaken view that principles of beneficence, respect, reciprocity, and/or justice require researchers to offer participants individual genetic results. Whereas these principles and others obligate physicians to share individually relevant results with patients with whom they share a fiduciary relationship in the clinical care setting, they do not similarly obligate investigators to share such information with participants in the research setting. Furthermore, proposals …


Enhancing Access To Health Care And Eliminating Racial And Ethnic Disparities In Health Status: A Compelling Case For Health Professions Schools To Implement Race-Conscious Admissions Policies, Thomas E. Perez Jan 2006

Enhancing Access To Health Care And Eliminating Racial And Ethnic Disparities In Health Status: A Compelling Case For Health Professions Schools To Implement Race-Conscious Admissions Policies, Thomas E. Perez

Faculty Scholarship

No abstract provided.


Will Superfund Rise Again?, Rena I. Steinzor Jan 2006

Will Superfund Rise Again?, Rena I. Steinzor

Faculty Scholarship

The federal hazardous waste cleanup program and its state progency have been in decline for more than a decade, victims to a campaign of sabotage waged by industry and neglected by the Bush administration. Meanwhile, stakeholders do their best to ignore the program's sorry state. A sad story, but there may be a surprise ending in store.


The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor Jan 2006

The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor

Faculty Scholarship

The increase in government secrecy is an important and troubling policy trend. Although the trend predates the 2000 presidential election, the movement towards government secrecy has accelerated dramatically in the Bush Administration. The case for open government is usually based on political principles embraced by the Framers of the U.S. Constitution. This article seeks to bolster these arguments by applying “agency theory” to the question of how much secrecy is too much. While agency theory is most often used to analyze private sector economic relationships, commentators have also applied it to the analysis of methods for holding legislators and Executive …


Minimum Contacts In A Borderless World: Voice Over Internet Protocol And The Coming Implosion Of Personal Jurisdiction Theory, Danielle Keats Citron Jan 2006

Minimum Contacts In A Borderless World: Voice Over Internet Protocol And The Coming Implosion Of Personal Jurisdiction Theory, Danielle Keats Citron

Faculty Scholarship

Modern personal jurisdiction theory rests on the twin pillars of state sovereignty and due process. A nonresident’s “minimum contacts” with a forum state are treated as the equivalent of her territorial presence in the state and hence justify a state’s exercise of sovereignty over her. At the same time, the nonresident’s “purposeful availment” of opportunities within the state is seen as implying her agreement to that state’s jurisdiction in exchange for the protection of its laws. This theory presumes that a nonresident directs voice communications to known places by dialing a telephone number’s area code. Voice over Internet Protocol (“VoIP”) …


Enumeration And Other Constitutional Strategies For Protecting Rights: The View From 1787/1791, Mark A. Graber Jan 2006

Enumeration And Other Constitutional Strategies For Protecting Rights: The View From 1787/1791, Mark A. Graber

Faculty Scholarship

This paper interprets the constitution of 1791 in light of the constitution of 1787. The persons responsible for the original constitution thought they had secured fundamental rights by a combination of representation, the separation of powers, and the extended republic. The Bill of Rights, in their view, was a minor supplement to the strategies previously employed for preventing abusive government practices. Proposed amendments were less a list of fundamental freedoms than an enumeration of those rights likely to appease moderate anti-Federalists. That many vaguely phrased rights lacked clear legal meaning was of little concern to their Federalist sponsors, who trusted …


Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber Jan 2006

Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber

Faculty Scholarship

This essay explores the likelihood that conservative federal courts in the near future will be agents of conservative social change. In particular, the paper assesses whether conservative justices on some issues will support more conservative policies than conservative elected officials are presently willing to enact and whether such judicial decisions will influence public policy. My primary conclusion is that, as long as conservatives remain politically ascendant in the elected branches of government, the Roberts Court is likely to influence American politics at the margins. The new conservative judicial majority is likely to be more libertarian than conservative majorities in the …


To Attain “The Just Rewards Of So Much Struggle”: Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek Jan 2006

To Attain “The Just Rewards Of So Much Struggle”: Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek

Faculty Scholarship

Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of “home” supplies to body, soul, and family; we intuit the toll exacted by the loss of familiar walls, private homes and community-shared places. Yet, redevelopment policy and practice in the U.S. today relies upon the massive relocation of poor people and the destruction of poor people’s neighborhoods with only token recognition of the costs and burdens imposed on the displaced. Although the devastation of community, family, and lives is just …


Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit Jan 2006

Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit

Faculty Scholarship

No abstract provided.


Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale Jan 2006

Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale

Faculty Scholarship

The fair use defense in copyright law shields an intellectual commons of protected uses of copyrighted material from infringement actions. In determining whether a given use is fair, courts must assess the new use's potential effect on the market for the copyrighted work. Fair use jurisprudence too often fails to address the complementary, network, and long-range effects of new technologies on the market for copyrighted works. These effects parallel the indirect, direct, and option values of biodiversity recently recognized by environmental economists. Their sophisticated methods for valuing natural resources in tangible commons can inform legal efforts to address the intellectual …


Book Review: The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments 2005), Michael R. Dimino Jan 2006

Book Review: The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments 2005), Michael R. Dimino

Faculty Scholarship

No abstract provided.


Has Congress Stopped Executives From Raiding The Bank? A Critical Analysis Of I.R.C. §409a, Michael Hussey Jan 2006

Has Congress Stopped Executives From Raiding The Bank? A Critical Analysis Of I.R.C. §409a, Michael Hussey

Faculty Scholarship

No abstract provided.


Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan Jan 2006

Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan

Faculty Scholarship

No abstract provided.


Human Rights Enforcement In The Twenty-First Century, Douglas L. Donoho Jan 2006

Human Rights Enforcement In The Twenty-First Century, Douglas L. Donoho

Faculty Scholarship

The international human rights system enters the twenty-first century facing a profound anomaly. Despite remarkable normative and institutional developments since the system's inception, the world remains mired in widespread violations of human dignity. Genocidal episodes have repeatedly scarred the consciousness of humankind since World War ll. Floods of refugees and simmering ethnic conflicts continually challenge the international community's capacity to respond, and grotesque forms of physical abuse, such as torture and summary execution, remain commonplace Despite a promising trend toward democratic governance around the world, basic civil liberties for countless millions remain only an empty promise.' Most disheartening of all, …


Gender And Constitutional Design, Paula A. Monopoli Jan 2006

Gender And Constitutional Design, Paula A. Monopoli

Faculty Scholarship

Does the allocation of power between the legislative and executive branches, and the way we define the scope of the executive affect whether women ascend to executive office? In this article, Professor Monopoli argues that the constitutional process of boundary-drawing between the legislative and executive branches of government has implications for how successful women will be in ascending to executive positions. She posits that the Hamiltonian vision of an expansive executive with plenary power is the model least likely to result in women’s ascending to executive office. The essay traces the philosophical heritage of Hamilton’s vision and outlines the empirical …


Changing Expectations Of Privacy And The Fourth Amendment, Robert Power Jan 2006

Changing Expectations Of Privacy And The Fourth Amendment, Robert Power

Faculty Scholarship

No abstract provided.


Probability Misestimates In Medical Care, Bailey Kuklin Jan 2006

Probability Misestimates In Medical Care, Bailey Kuklin

Faculty Scholarship

No abstract provided.


Keep It Simple: An Explanation Of The Rule Of No Recovery For Pure Economic Loss, Anita Bernstein Jan 2006

Keep It Simple: An Explanation Of The Rule Of No Recovery For Pure Economic Loss, Anita Bernstein

Faculty Scholarship

No abstract provided.


Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin Jan 2006

Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin

Faculty Scholarship

No abstract provided.


Tribal Self-Determination At The Crossroads, Kevin Washburn Jan 2006

Tribal Self-Determination At The Crossroads, Kevin Washburn

Faculty Scholarship

The tribal self-determination initiative that began transforming federal Indian policy thirty years ago has reached a crossroads. Despite its transformative effects on tribal governments and the widespread belief that self-determination has been a successful federal approach to Indian affairs, no significant new self-determination program has been initiated at the congressional level in several years. This Article looks to the tribal self-determination initiative's past to gain insights about its future. It also briefly surveys existing tribal self-determination programs and concludes that far more work needs to be done to achieve tribal self-determination. Drawing on the author's broader work, it finds one …


As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy Jan 2006

As A Last Resort, Ask The Students: What They Say Makes Someone An Effective Law Teacher, James B. Levy

Faculty Scholarship

No abstract provided.


A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer Jan 2006

A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer

Faculty Scholarship

No abstract provided.


Strengthening Auditor Independence: Reestablishing Audits As Control And Premium Signaling Mechanisms, Sean O'Connor Jan 2006

Strengthening Auditor Independence: Reestablishing Audits As Control And Premium Signaling Mechanisms, Sean O'Connor

Faculty Scholarship

No abstract provided.


Radke V. County Of Freeborn: The Return Of The Public Duty Rule?, Mehmet K. Konar-Steenberg Jan 2006

Radke V. County Of Freeborn: The Return Of The Public Duty Rule?, Mehmet K. Konar-Steenberg

Faculty Scholarship

Article explores when Minnesota law provides a cause of action against government actors who are negligent in the performance of their duties. Part II of this Article traces the separate development of the common law public duty rule and the implied statutory cause of action analysis. Part III examines the Hoppe case, where the supreme court seemed to hold that the absence of an implied statutory cause of action precluded the existence of a common law cause of action. Part IV then assesses the Radke court’s effort to resolve the confusion flowing from Hoppe.