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Masthead, Journal Of Law And Health

Journal of Law and Health

No abstract provided.

Table Of Contents, Journal Of Law And Health

Journal of Law and Health

No abstract provided.

Government Created Medical Practice Guidelines: The Opening Of Pandora's Box, William R. Trail, Brad A. Allen

Journal of Law and Health

This article will discuss the background and creation of medical practice guidelines in part II. Next, we will define and discuss in Part III the two primary types of medical practice guidelines: privately created guidelines and government created guidelines. In Part IV, we will compare and contract the current medical practice guidelines programs in operation. Finally, we will recommend in section V that a medical practice guidelines program offering an affirmative defense to complying physicians should be implemented on the state level.

Meeting The Objectives Of The Mda: Implied Preemption Of State Tort Claims By The Medical Device Amendments, Theresa J. Pulley Radwan

Journal of Law and Health

This article attempts to reconcile the competing purposes of the MDA, and to offer one alternative to effectuate Congress' purposes without preempting some claims and permitting others. First, this article will describe the arrangement of the MDA, including the classification provisions for medical devices and the preemption provision of the MDA. Next, this article will interpret the caselaw regarding preemption in general, and specifically preemption of state tort claims by the MDA. Finally, this article seeks to reconcile two competing purposes of Congress in enacting the MDA through implied preemption of state tort claims, with exceptions for devices which have …

Foreword, Stephen J. Werber

Journal of Law and Health

No abstract provided.

Is Law The Prescription That Can Cure Medicine?, Samuel Gorovitz

Journal of Law and Health

Now medical care has been transformed. We recognize that the human organism is a complex interaction of many different systems-respiratory, circulatory, neurological, digestive, and so on. Some of them can fail and create both problems and opportunities we did not formerly have. One of the opportunities we now have is that we can keep people alive who in an earlier era would not have survived. And one of the problems we now have is also that we can keep people alive who in an earlier era would not have survived. Some of them are kept alive with such diminished capacity …

Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse - Current Remedies And A Proposed Statute, Joel Jay Finer

Journal of Law and Health

While sexual abuse of children has always been a real and horrific phenomenon (a fact unrecognized until relatively recently), the issue this Article will explore is whether, and under what circumstances, a person wrongly accused has, or should have, one or more causes of action against a therapist for culpably inducing the pseudomemory. To refine and make more rational legal actions by persons falsely accused of childhood sexual molestation (arguably justified under existing legal doctrine), this Article will propose specific legislation authorizing a lawsuit under codified circumstances and conditions.

Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis

Journal of Law and Health

In this article, I will analyze the different theories about "cult" membership and conversion, specifically focusing upon whether or not conversions to cults ought to be respected by the law in the same way that the law respects conversion to be respected by the law in the same way that the law respects conversion to and membership in, mainstream religions. In section II, I attempt (unsuccessfully) to define a "cult". In section III, I discuss the civil liberties issues surrounding "cults" and the public furor they have engendered. In section IV, I discuss the different and competing theories about why …

Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin Mika, Denise Wimbiscus

Journal of Law and Health

This article will discuss the standards of the ADA with respect to accommodating mental illness in the workplace. It will argue the ADA definitions are not precise enough to apprising employers of what are their obligations regarding mentally ill persons in the workplace. It will additionally make suggestions for revising the statute and regulations to achieve this goal. In reaching its conclusion, this article will discuss popular conceptions about mental illness, and the current statutory framework of the ADA. Representative case law will be considered within the context of these topics. The article will ultimately suggest that fairness to both …

Medtronic V. Lohr: State Lawsuits May Proceed Against Medical Device Manufacturers, Robert A. Gerberry

Journal of Law and Health

This comment discusses the Medical Device Amendments of the Federal Food, Drug, and Cosmetic Act and its effect on the marketing of medical products. Part II examines the statutory language of the MDA and its regulatory impact on medical devices. Part III explores the history of the preemption doctrine established by the Supreme Court Cipollone. Part IV delineates the facts and procedural history of Medtronic v. Lohr and analyzes the effect of this case on the federal preemption of state common law suits. Finally, Part V assesses the impact of this decision on the medical device industry and the expansiveness …

Mandating Coverage For Maternity Length Of Stays: Certain Problems With The Good Idea, Kate E. Ryan

Journal of Law and Health

This paper will outline the issues influenced by the Newborns' Act and the Maternity Law, including federalism. Likewise, the paper examines certain shortcomings of the maternity legislation. Section II focuses on Ohio's Maternity Law and whether it will prove effective as exemplified by Cleveland's maternity health care standards. Section III addresses the Newborns' Act and how it will influence federalism. Additionally, section III compares the Newborns' Act to the Maternity Law Section IV explores how the concurrent regulations may affect maternity health care.

Chapter 11 Case Management And Delay Reduction: An Empirical Study, Samuel Bufford

Faculty Scholarship

Chapter 11 bankruptcy cases will drag on interminably if judges let them. The recent nine-month O.J. Simpson trial was short compared to the careers of some chapter 11 bankruptcy cases. The typical duration of chapter 11 cases can be reduced remarkably, however, through moderate judicial case management.

The data in this study show that relatively modest judicial case management can squeeze a substantial amount of delay out of chapter 11 cases within the context of the present bankruptcy law. The case management program in this study, applied to 81.2% of the chapter 11 case load, shortened by 24.1% the time …

Urban Squatting: An Adaptive Response To The Housing Crisis, Rimma Ashkinadze

Honors Papers

From introduction: Urban squatting is the unauthorized occupation of empty buildings. Squatting is usually thought to be a Third World phenomenon associated with urbanization, poverty, and rural-urban migration. However, there is a history of squatting in the US and Europe as well. Squatting has been reported in New York, San Francisco, Newark, Boston, Philadelphia, Detroit, and Los Angeles. Since World War II and particularly in the last thirty years, urban squatting has received much attention in Europe. The major European centers for squatting have been London, Amsterdam, and Berlin.' In Britain, the squatting of buildings scheduled for renovation or demolition …

No Longer Children, Not Yet Adults: Adolescence In The Fiction Of L.M. Montgomery, Cathlin M. Davis

Honors Papers

Lucy Maud Montgomery was born on Prince Edward Island, Canada, in 1874. She did not live there her whole life, but it held an important place in her life. The Island was a constant presence in her fiction, and only one of her 23 novels is set completely away from it. Montgomery has long been considered solely a children's writer, though two of her books were written for an adult audience, and the majority of her work holds appeal for a general audience. She remains largely unknown by scholars, but has come under some critical scrutiny with the recent growth …

Crossed Wires, Noisy Signals: Language, Identity, And Resistance In Caribbean Literature, Barry Eidlin

Honors Papers

I ask the question: is it possible to posit a Return that is historically informed by the disjunctive, fractured narratives of the Caribbean, one which both challenges and negotiates what Spivak has termed the neo-colonial "structures of violence?" Likewise, can the Caribbean subject articulate a space for communal identity, self-representation, and historical agency, in opposition to the disempowering dissection of the (neo-)colonizing gaze? I would argue that such a discursive project is possible, indeed necessary, in order to continue developing the insurgent narrative of resistance to colonialism that traces its roots back to the arrival of the first white colonizers …

Viability Of Traditional Banking Services: Evidence From The Regional Level U.S. Banking Industry, Sofia Xinchen Lou

Honors Papers

My study focuses on testing the conduct of banks in their traditional activities, loans and demand deposits provision. The twenty-one year period runs from 1972 to 1992. A relatively recent econometric model is employed. The model takes a set of two-equation system that contains one demand function and one reduced-form supply equation. A parameter that references the deviation in the conduct of banks from the competitive equilibrium level can be estimated using the model. When the parameter has a value that is not significantly different from 0, banks' conduct is said to be competitive. A positive value indicates market power …

Foreign Direct Investment In Eastern Europe: Applying Traditional Models Of Fdi To The Transitional Countries Of Eastern Europe, Jonathan Austin Kerr

Honors Papers

An empirical analysis is used to determine whether the factors that normally explain FDI flows to developing countries are also suitable to explain FDI flows to the developing countries of Eastern Europe for the years 1988-1992. It was found that a typical set of explanatory variables which explain FDI flows to non Eastern Europe developing countries very well, is not a useful set of determinants for FDI flows to Eastern Europe. Conclusions are drawn concerning the extent to which these results reflect the current state of political and economic transition taking place in Eastern Europe.

Deep R-Band Surface Photometry Of Ngc891, Eric Miller

Honors Papers

Understanding how galaxies evolve is a challenge for astronomers, given the very long timescales for such evolution to occur. Fortunately, the structure of a galaxy encodes a fossil record of its evolution. In particular, by decomposing this structure into a number of independent components, we can compare the results to theoretical predictions and begin to trace the history of mass accretion and star formation that have shaped the stellar systems we see today.

In this thesis, I present deep optical R-band surface photometry of the nearby edge-on spiral galaxy NGC891. This galaxy bears many similarities to the Milky Way, and …

An Analysis Of Foreign Direct Investment And Portfolio Investment Into Developing Countries, Sunaina Kilachand Patel

Honors Papers

This paper attempts to understand what motivates and determines private capital inflows in developing counties. I intend to examine whether different types of flows (in this paper I will focus only on FOI and PFI as they dominate private investment flows today) depend on different factors, whether these factors are domestic or international and which of these factors are within the scope and reach of the host developing countries. In my paper, after providing some background information on FOI and PFI, I will then review previous studies and work based on the subject of FOI and PFI flows. I will …

"Nyatiti Is My People": Music And The Reconstruction Of Culture Among The Luo Of Western Kenya, Ian Eagleson

Honors Papers

In this thesis I contend that experiencing music is a fundamental activity in the realization of cultural identity. Music reinforces cultural identity by enacting significant forms and practices that embody meaning, meaning particular to the identity of a culture. When people hear music that is significant in their culture it excites certain feelings in them which reinforce and regenerate their identity with that culture. Participation in music is a condition that evokes a vivid impression in the participant like no other activity in social life. Functionally, this impression may reinforce themes impressed on actors in other ways; however, the way …

Meat And Potatoes: Recipes For A Range Of Egalitarianism In Three Hunter-Gatherer Societies, Amy Vlassia Margaris

Honors Papers

Throughout most of human history our ancestors lived by hunting and gathering. Only within the last ten to fifteen thousand years have alternative forms of social organization developed, duly labeled by anthropologists and archaeologists: agricultural, pastoral, and complex state societies, lineal tribes, and a host of other terms which pass in and out of favor in our ongoing (and inescapably human) attempts to categorize our own kind.

Classification lies at the heart of science, and anthropology is certainly no exception. However, categorization of any degree (which requires generalization) runs the risk of obscuring important differences between cultural groups. The trick …

Whose Bicentennial Is It?, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.

Philanthropic Leadership : Comparing Historical And Contemporary Methods Of Philanthropic Giving, Patrick Rucker

Honors Theses

America has a unique tradition of philanthropy. Wealthy benefactors have created some of our most notable institutions for health, education and the arts. The level of philanthropic giving has been consistently high yet the tradition of giving has taken many shapes and assumes several forms today. One of the most interesting and currently debated forms of charitable giving is money directed towards social change or the achievement of a certain social agenda. Money is given today to support or stall legal abortions, racial integration, and a host of other social issues. This paper will examine the tradition of giving in …

Review Of "Social Science In The Crucible: The American Debate Over Objectivity And Purpose, 1918-1941" By M. C. Smith, Robert C. Bannister

History Faculty Works

No abstract provided.

Visual Learning In The Perception Of Texture: Simple And Contingent Aftereffects Of Texture Density, Frank H. Durgin, D. R. Proffitt

Psychology Faculty Works

Novel results elucidating the magnitude, binocularity and retinotopicity of aftereffects of visual texture density adaptation are reported as is a new contingent aftereffect of texture density which suggests that the perception of visual texture density is quite malleable. Texture aftereffects contingent upon orientation, color and temporal sequence are discussed. A fourth effect is demonstrated in which auditory contingencies are shown to produce a different kind of visual distortion. The merits and limitations of error-correction and classical conditioning theories of contingent adaptation are reviewed. It is argued that a third kind of theory which emphasizes coding efficiency and informational considerations merits …

Honorary Degree Citation: Lewis Manilow, Governors State University

Commencement Documents and Videos

Description and accomplishments of the Doctor of Humane Letters recipient.

Honorary Degree Citation: Adele Smith Simmons, Governors State University

Commencement Documents and Videos

Description and accomplishments of the Doctor of Humane Letters recipient.

Focal Spot, Fall/Winter 1996

Focal Spot All Issues

No abstract provided.

The Fool On The Hill: Congressional Findings, Constitutional Adjudication, And United States V. Lopez, Philip P. Frickey

Case Western Reserve Law Review

No abstract provided.

What's A Constitution For Anyway--Of History And Theory, Bruce Ackerman And The New Deal, Larry Kramer

Case Western Reserve Law Review

No abstract provided.