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Changing Courts In Changing Times: The Need For A Fresh Look At How Courts Are Run, Judith S. Kaye

UC Law Journal

In this lecture from the Mathew 0. Tobriner Lecture Series at Hastings College of the Law, Chief Judge Judith S. Kaye urges a broader conception of court administration. She presents 'three concrete solutions to today's court administration problem. One is in the area of criminal justice, the second the family courts, and the third the jury system-three areas of court operations that touch large numbers of citizens. She describes these solutions with the hope that the legal and academic communities, as well as the public, will start to evaluate the efficiency of court administration, because the public deserves and demands …

Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman

UC Law Journal

In what he describes as a "premortem" on Joiner v. General Electric Co., a case before the Supreme Court at the time he is writing, Professor Faigman considers what role appellate courts should have in the evaluation of the admissibility of scientific expert testimony. Unclouded by the conclusions of the Court, Professor Faigman argues that appellate courts should share the active gatekeeping role that the Court created for district courts in Daubert v. Merrell Dow Pharmaceuticals, Inc.

Professor Faigman describes the lower courts' opinions in Joiner, noting that the Eleventh Circuit adopted a somewhat murky heightened standard of appellate review …

In Communities Begin Responsibilities: Obligations At The Gay Bar, William B. Rubenstein

UC Law Journal

No abstract provided.

Resisting "Don't Ask, Don't Tell" In The Licensing Of Lesbian And Gay Foster Parents: Why Openness Will Benefit Lesbian And Gay Youth, Nancy D. Polikoff

UC Law Journal

No abstract provided.

Unlocking The Closet Door: Protecting Children From Involuntary Civil Commitment Because Of Their Sexual Orientation, Miye A. Goishi

UC Law Journal

No abstract provided.

After-Wards, Daphne Scholinski

UC Law Journal

No abstract provided.

Equal Protection After Romer V. Evans: Implications For The Defense Of Marriage Act And Other Laws, Kevin H. Lewis

UC Law Journal

Recent national events have forced the American public to discuss a subject once considered unthinkable-same-sex marriage. In 1996, the Hawaii Supreme Court decided Baehr v. Lewin, potentially paving the way to allow same-sex couples the right to legally marry in the state of Hawaii. In response to this possibility, Congress passed and the President signed the Defense of Marriage Act, which defines marriage in the U.S. Code in such a way as to deny federal recognition to these couples, and also grants the states the right to refuse to recognize same-sex marriages performed in Hawaii. Addressing a totally different issue, …

Line Item Veto And The Tax Legislative Process: A Futile Effort At Deficit Reduction, But A Step Toward Tax Integrity, Gordon T. Butler

UC Law Journal

In this Article, Professor Butler considers the effect of the line item veto on the tax legislative process. The Article begins with a description of the development of the crises in the federal deficit and the efforts made by Congress to limit spending so as to balance the budget. In particular, it describes the Gramm, Rudman, Hollings Act and the Budget Enforcement Act of 1990 which attempted to impose structural restraints on new tax and spending legislation. When these efforts proved insufficient to balance the budget, Congress turned to the line item veto as an additional structural restraint. The Article …

Physician Assistant As Abortion Provider: Lessons From Vermont, New York, And Montana, Jennifer Templeton Schirmer

UC Law Journal

Women in the United States are currently facing a shortage of medical practitioners who perform legal abortions, which interferes with women's right to have safe, legal abortions. This Note proposes authorizing physician assistants to perform low risk, first trimester abortions to increase the provider pool. The Note examines the historical reasons that justified proscribing abortions performed by non-physicians and concludes that because of improved medical education the proscription is no longer justified. Many private offices, family planning clinics, and Health Maintenance Organizations depend on physician assistants to provide the bulk of services once provided exclusively by physicians. Women's health clinics …

Healer-Patient Privilege: Extending The Physician-Patient Privilege To Alternative Health Practitioners In California, Betty F. Lay

UC Law Journal

As the nature of healthcare in the United States evolves to include alternative therapies, it is reasonable to ask whether patients who seek medical treatment from alternative health practitioners are entitled to invoke the same testimonial privilege as that accorded to patients who seek treatment from conventional medical doctors.

In her Note, the author explores the merits of applying the physician-patient privilege to the alternative healthcare setting. The analysis also considers alternative legal schemes for preserving the confidentiality of patients' communications, such as the existence of voluntary ethical codes of conduct and the state constitutional right to privacy. The author …

Identifying The Role Of Social Norms In Mediation: A Multiple Model Approach, Ellen A. Waldman

UC Law Journal

Mediation plays an ever-increasing role in a variety of dispute contexts. Once primarily limited to labor or neighborhood conflicts, the mediation process is currently being used to resolve environmental, personal injury, securities, and bioethics disputes. This movement into new areas has sparked modifications and innovations in traditional mediation practice. In this Article, Professor Waldman argues that changes in mediation practice require a revamping of mediation theory. She argues that mediation encompasses three separate, but related, procedural models that can be distinguished by their divergent treatment of social norms. She terms these models "norm-generating," "norm-educating," and "normadvocating."

In the norm-generating model, …

Sites Other Than Nucleotide 234 Determine Cardiovirulence In Natural Isolates Of Coxsackievirus B3, Nora M. Chapman, Jose R. Romero, Mark A. Pallansch, Steven Tracy

United States Public Health Resources

The genetic site(s) that naturally determine the cardiovirulence phenotype of coxsackievirus B3 (CVB3) have yet to be mapped. Using two closely related CVB3 strains that differed in terms of cardiovirulence phenotype in mice, we previously reported the difference in phenotype mapped to a single site, nucleotide 234 (nt234) in the 5’ non-translated region (NTR) of the CVB3 genome. When nt234 was C, the virus was attenuated and when U, the virus was cardiovirulent. To determine whether this finding was applicable to other strains of CVB3, we examined 13 different naturally occurring CVB3 strains isolated in different years in the United …

Effect Of Red Imported Fire Ant Envenomization On Neonatal American Alligators, Craig R. Allen, Kenneth G. Rice, Daniel P. Wojcik, H. Franklin Percival

Nebraska Cooperative Fish and Wildlife Research Unit: Staff Publications

Alligator populations in the southeastern United States have substantially recovered since the late 1960s when they were placed on the federal Endangered Species List (Joanen and McNease, 1987). In Florida, both early age class and adult animals currently are harvested for commercial and recreational purposes (Hines and Abercrombie, 1987). In addition, the alligator is ecologically important as a keystone species and as an indicator of wetland health (Mazzotti and Brandt, 1994). Recently, the nonnative ant Solenopsis invicta (the red imported fire ant) has surfaced as a potential threat to alligator populations. Solenopsis invicta is a relatively new (approx. 65 yr) …

Divergent Effects Of Job Control On Coping With Work Stressors: The Key Role Of Self-Efficacy, John Schaubroeck, Deryl E. Merritt

Department of Management: Faculty Publications

This study identifies job self-efficacy as a moderating variable that may determine whether job control contributes positively or negative to coping with work stressors. Data from two samples (health professionals and an occupationally diverse group) demonstrated similar interactions between demands, control, and self-efficacy predicting blood pressure. These results may reconcile the previous inconsistent and largely method-bound support for Karasek's job demands-control model and suggest that efforts to improve job self-efficacy may be as important to reducing the cardiovascular consequences of job stress as efforts to enhance control.

Mortality Of Radio-Equipped Sandhill Crane Colts At Malheur National Wildlife Refuge, Oregon, Gary L. Ivey, Eric J. Scheuering

Proceedings of the North American Crane Workshop

We radio-equipped 142 greater sandhill crane (Grus canadensis tabida) colts at Malheur National Wildlife Refuge, Oregon, during 1991-95 to document prefledging mortality factors. Fates of 19 colts were undetermined. A total of 23 colts survived to fledge (19% of known fates). Evidence collected from the carcasses and death sites indicated that predators were responsible for the largest number of colt deaths (64), followed by unknown causes (13), parasitic gapeworms (Cyastoma spp.) (8), drowning (7), intraspecific aggression (5), study-related mortality (I), roadkill (I), and hay swather (1). Of 64 colts killed by predators, 26 were lost to mink …

An Experimental Release Of Whooping Cranes In Florida: The First Three Years, Stephen A. Nesbitt, Martin J. Folk, Marilyn G. Spalding, James A. Schmidt, Stephen T. Schwikert, Jane M. Nicolich, Marianne Wellington, James C. Lewis, Tom H. Logan

Proceedings of the North American Crane Workshop

Fifty-two juvenile whooping cranes (Grus americana) were soft-released in Florida from February 1993 to April 1995. The birds were released in groups ranging in size from 5 to 14 individuals. The first-year survival rate was 0.42 for all years combined. First-year rates for each year were 0.36 for 1993, 0.32 for 1994, and 0.47 for 1995. Most mortality (62%) occurred during the first 3 months following release. The survival rate of 0.81 the second year after release was similar to that of Florida sandhill cranes (G. canadensis pratensis) (0.87). Predation by bobcats (Lynx rufus) …

Causes Of Mississippi Sandhill Crane Mortality In Captivity, 1984–95, Glenn H. Olsen, George F. Gee

Proceedings of the North American Crane Workshop

During 1984-95, 111 deaths were documented in the captive flock of Mississippi sandhill cranes (Grus canadensis pulla) housed at the Patuxent Wildlife Research Center. Trauma was the leading cause of death (37%), followed by infectious/parasitic diseases (25%), anatomic abnormalities (15%), and miscellaneous (8%). No positive diagnosis of cause of death was found in 19% of the necropsies. Chicks < 2 months old suffered 76 % of captive deaths. Trauma, the greatest cause of deaths of captive juveniles and adults, is likely limited to collisions in the wild. Infectious/parasitic diseases and anatomic abnormalities could affect wild chick survival at similar rates to those of captive chicks.

Whooping Crane Mortality At Patuxent Wildlife Research Center, 1982–95, Glenn H. Olsen, Joanna A. Taylor, George F. Gee

Proceedings of the North American Crane Workshop

Whooping cranes (Grus americana) have been reared at Patuxent Wildlife Research Center since 1966. During 1982-95 there were 103 mortalities caused by infectious and parasitic diseases (46%), trauma (21 %), anatomic abnormalities (17%), miscellaneous conditions (12 %) I and open or no diagnoses (5 %). The implications that disease may have on new whooping crane flocks in Florida and Canada are discussed, based on these mortality factors in captivity.

Avian Tuberculosis In A Whooping Crane: Treatment And Outcome, S. Bret Snyder, Michael J. Richard, Carol U. Meteyer

Proceedings of the North American Crane Workshop

A whooping crane (Grus americana) confirmed as suffering from Mycobacterium avium infection was treated for 1 year with daily doses of rifampin (45 mg/kg) and ethambutol (30 mg/kg) and 2 doses of M. vaccae antigen. Remission of disease occurred during therapy; however, recrudescence to active infection was suspected by 10 months after the antitubercular drugs were discontinued when the crane exhibited weight loss and had thickening of bowel wall as seen on radiographs. A second therapeutic regimen using azithromycin was then initiated (40 mg/kg fed daily) and was accompanied by a second remission within 6 weeks. After 16 …

Metal Consumption By Whooping Cranes And Possible Zinc Toxicosis, Marilyn G. Spalding, Stephen A. Nesbitt, Martin J. Folk, Lee R. Mcdowell, Maria S. Sepulveda

Proceedings of the North American Crane Workshop

Fourteen captive-reared whooping cranes (Grus americana) were transferred to a pen for soft-release in Florida. Nine were killed by predators within 6 months. We found metal objects in the stomachs of 6 of these 9 either by radiography or at necropsy. All 6 had elevated serum zinc (Zn) concentrations (x = 10.3 ± 2.7 flg/ml, range 7.2-14 .ug/ml) when compared to 3 without metal in their stomachs (X = 2.4 ± 0.92 flg/ml, range 1.6-3.4 J1.g/ml). We observed lethargy, abnormal posture, anemia, and elevated white blood cell counts in 2 cranes at or near the time of elevated …

Bovine Tuberculosis In Free-Ranging White-Tailed Deer From Michigan, Stephen M. Schmitt, Scott D. Fitzgerald, Thomas M. Cooley, Colleen S. Bruning-Fann, Larry Sullivan, Dale Berry, Thomas Carlson, Richard B. Minnis, Janet B. Payeur, James Sikarskie

Michigan Bovine Tuberculosis Bibliography and Database

A 4.5 yr-old male white-tailed deer (Odocoileus virginianus) killed by a hunter during the 1994 firearm hunting season in northeastern Michigan (USA) had lesions suggestive of tuberculosis and was positive on culture for Mycobacterium bovis the causative agent for bovine tuberculosis. Subsequently, a survey of 354 hunter-harvested white-tailed deer for tuberculosis was conducted in this area from 15 November 1995 through 5 January 1996. Heads and/or lungs from deer were examined grossly and microscopically for lesions suggestive of bovine tuberculosis. Gross lesions suggestive of tuberculosis were seen in 15 deer. Tissues from 16 deer had acid-fast bacilli on …

Now & Then (Volume 14, Issue 02, 1997), Center Of Excellence For Appalachian Studies And Services, East Tennessee State University

Now & Then: The Appalachian Magazine

Now & Then: The Appalachian Magazine, Volume 14, Issue 02, published in 1997. The theme of this issue is Appalachian Photography. This issue examines how photography has shaped and reshaped visual understandings of Appalachia, highlighting efforts to move beyond stereotype toward more complex, contemporary portrayals. Featuring exhibition work such as Women of Appalachia, regional photography contests, documentary photo essays, and reflections on the careers of photographers committed to the mountains and to country and bluegrass music, it explores the tensions between art and livelihood, representation and authenticity. Through essays, poetry, and reviews, the issue underscores the enduring power …

1997-98, Eastern Michigan University, Program Improvements, Eastern Michigan University

Business and Finance

No abstract provided.

1998-99, Eastern Michigan University, Budget Request, Eastern Michigan University

Business and Finance

No abstract provided.

Auxiliary Fund, 1997-98 Administrative Resource Plan, Volume I, Eastern Michigan University, Eastern Michigan University

Business and Finance

No abstract provided.

Comprehensive Annual Financial Report, 1996, City Of Clayton

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

Financial Statements With Independent Auditors' Report, 1996, City Of Festus

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

Comprehensive Annual Financial Report, 1996, City Of St. Peters

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

Payments To Local Governments, 1996, Illinois Department Of Revenue

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

Journal Of The Senate State Of Colorado: Sixty-First General Assembly First Extraordinary Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.