Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

1998

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 12811 - 12840 of 12927

Full-Text Articles in Entire DC Network

Protecting Soldiers From Friendly Fire: The Consent Requirement For Using Investigational Drugs And Vaccines In Combat, George J. Annas Jan 1998

Protecting Soldiers From Friendly Fire: The Consent Requirement For Using Investigational Drugs And Vaccines In Combat, George J. Annas

Faculty Scholarship

In 1990, following Iraq's invasion of Kuwait, the Department of Defense (DOD) sought a waiver of the informed consent requirements of existing human experimentation regulations from the Food and Drug Administration (FDA). With this waiver, DOD could authorize military use of investigational drugs and vaccines on soldiers involved in the Gulf War without their informed consent. The basis of the waiver request was military expediency. In DOD's words: "In all peace time applications, we believe strongly in informed consent and ethical foundations... but military combat is different." DOD's rationale was that informed consent under combat conditions was "not feasible" because …

Go to article

The Shadowlands: Secrets, Lies, And Assisted Reproduction, George J. Annas Jan 1998

The Shadowlands: Secrets, Lies, And Assisted Reproduction, George J. Annas

Faculty Scholarship

Americans love babies and technology, and most Americans applaud the ability of the new assisted-reproduction techniques to help infertile couples have children. But these techniques have also given birth to a wide variety of new legal issues, including questions about the identity of the mother and father of the child, the enforcement of preconception contracts, the elements of informed consent, and the disposition of frozen embryos. After almost 20 years of experience and the growth of infertility clinics into a multibillion-dollar industry, it is time to consider establishing national standards and a federal regulatory scheme. Two recent court cases, one …

Go to article

On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief Jan 1998

On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief

Faculty Scholarship

It was made clear long ago that property and value are different things. Value exists. It is a fact. It can arise from law, and much of law aims at creating more value in the world. But value can also arise in spite of law (consider, for example, the fortunes that bootleggers made during the Roaring Twenties), or in law's interstices. When a particular value arises despite a lack of explicit legal protection, its possessors often ask courts or legislatures to give them a legal entitlement to preserve and further exploit that value. Typically the holders demand (1) a liberty …

Go to article

Managing Legal Change: The Transformation Of Establishment Clause Law, Hugh Baxter Jan 1998

Managing Legal Change: The Transformation Of Establishment Clause Law, Hugh Baxter

Faculty Scholarship

One perspective on the Supreme Court is to see it as a manager of legal change. At a particular time, and with respect to a particular issue of federal law, a majority of Justices may coalesce around a law-transforming project. Because the Court enjoys nearly complete control over its docket, such a coalition of Justices may select carefully the cases most advantageous to the law -transforming project. And because the Court's pronouncements on matters of federal law are binding on all other interpreters, the Court may enforce its legal transformation by exercising its disciplinary powers of review. The Court's implementation …

Go to article

Maximum Levee Height As A Function Of Red River Valley Foundation Sediments, Lori Gunderson Jan 1998

Maximum Levee Height As A Function Of Red River Valley Foundation Sediments, Lori Gunderson

Undergraduate Theses and Senior Projects

Grand Forks, North Dakota is located on glacio-lacustrine clays and other assorted sediments. This design project focuses on determining levee height safely supported in this geologic setting. Maximum levee height above the most unsuitable foundation materials was determined using two modifications of Terzaghi's Ultimate Bearing Capacity Equation. Allowable levee heights with desired construction safety factors are less than heights necessary to protect against a 1997 magnitude flood.

Go to article

Intrapopulation Sex Ratio Variation In The Salt Grass Distichlis Spicata, Sarah M. Eppley, Maureen L. Stanton, Richard K. Grosberg Jan 1998

Intrapopulation Sex Ratio Variation In The Salt Grass Distichlis Spicata, Sarah M. Eppley, Maureen L. Stanton, Richard K. Grosberg

Biology Faculty Publications and Presentations

In many dioecious plant populations, males and females appear to be spatially segregated, a pattern that is difficult to explain given its potentially high costs. However, in asexually propagating species, spatial segregation of the sexes may be indistinguishable from superficially similar patterns generated by random establishment of a few genets followed by extensive clonal spread and by gender-specific differences in rates of clonal spread. In populations where a significant fraction of individuals are not flowering and gender cannot be assigned to this fraction, apparent spatial segregation of the sexes may be due to differential flowering between the sexes. We confirm …

Go to article

Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss Jan 1998

Re-Viewing History: The Use Of The Past As Negative Precedent In United States V. Virginia, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.

Go to article

Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh Jan 1998

Short Changing Short-Term Risk: A Study Of Superfund Remedy Selection, John S. Applegate, Steven M. Wesloh

Articles by Maurer Faculty

Unlike most environmental statutes, CERCLA requires a lengthy period of labor-intensive activity to achieve its clean-up goals. This aspect of the Superfund program does not receive sufficient attention in policy and legal analyses of CERCLA, nor during site-specific remedy selection decision-making. The risks of the remediation period-to workers, to site neighbors, and to the natural environment-are substantial, as this Article illustrates. However, the confusing and sometimes dismissive treatment of remediation risk in the EPA 's detailed guidance for Superfund decision-makers invites the neglect of the short-term effectiveness criterion in the remedy selection process. A study of remedy selection documents in …

Go to article

The Unitary Second Amendment, David C. Williams Jan 1998

The Unitary Second Amendment, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Go to article

Unmet Expectations: Undue Restriction Of The Reasonable Expectations Approach And The Misleading Mythology Of Judicial Role, Jeffrey W. Stempel Jan 1998

Unmet Expectations: Undue Restriction Of The Reasonable Expectations Approach And The Misleading Mythology Of Judicial Role, Jeffrey W. Stempel

Scholarly Works

A complete and open embrace of the pure version of the doctrine as enunciated in Judge Keeton's famous article--which expressly provides for finding coverage consistent with the objectively reasonable expectations of the policyholder even where those expectations are contradicted by apparently clear policy language --is viewed by much of the legal and political mainstream as too inconsistent with the prevailing American paradigm of judicial restraint, strict construction of disputed texts, and minimal government involvement in market activity. Some of this resistance to reasonable expectations is the product of an unrealistic reification of the prevailing American politico-legal philosophy of judicial restraint. …

Go to article

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson Jan 1998

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Go to article

The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin Jan 1998

The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin

Scholarly Works

No abstract provided.

Go to article

Glacial Deposits, Vol. 26, 1997-1998, Department Of Geography-Geology Jan 1998

Glacial Deposits, Vol. 26, 1997-1998, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

Go to article

Behavioral Economics Analysis Of Redistributive Legal Rules, Christine Jolls Jan 1998

Behavioral Economics Analysis Of Redistributive Legal Rules, Christine Jolls

Vanderbilt Law Review

This Essay offers a behavioral economic analysis of redistributive legal rules. Redistributive legal rules are rules chosen for their effects in shifting wealth from high-income to low-income individuals(progressive redistribution). The desirability of such rules has been the subject of intense debate within the legal community. Many law and economics scholars have urged that legal rules be chosen solely with an eye towards Kaldor-Hicks efficiency (which I will call simply "efficiency" for the remainder of this Essay); these scholars often urge that distributional considerations be addressed (if they are to be addressed at all) exclusively through the tax and welfare systems. …

Go to article

Biculturalism And Eating Attitudes And Behaviors In Native Americans, Cynthia E. Andrew Jan 1998

Biculturalism And Eating Attitudes And Behaviors In Native Americans, Cynthia E. Andrew

Undergraduate Theses and Senior Projects

No abstract provided.

Go to article

The Relationship Between Personal Experiences With Discipline And Parenting Beliefs, Kari A. Binstock Jan 1998

The Relationship Between Personal Experiences With Discipline And Parenting Beliefs, Kari A. Binstock

Undergraduate Theses and Senior Projects

No abstract provided.

Go to article

In Vitro Anti-Hepatitis B Virus Activities Of 5’-O-Myristoyl Analogue Derivatives Of 3’-Fluoro-2’,3’-Dideoxythymidine (Flt) And 3’-Azido-2’,3’- Dideoxythymidine (Azt), Keykavous Parang, Leonard I. Wiebe, Edward E. Knaus, Jyy-Shiang Huang, David L. Tyrrell Jan 1998

In Vitro Anti-Hepatitis B Virus Activities Of 5’-O-Myristoyl Analogue Derivatives Of 3’-Fluoro-2’,3’-Dideoxythymidine (Flt) And 3’-Azido-2’,3’- Dideoxythymidine (Azt), Keykavous Parang, Leonard I. Wiebe, Edward E. Knaus, Jyy-Shiang Huang, David L. Tyrrell

Pharmacy Faculty Articles and Research

The objective of this study was to evaluate a dual action prodrug concept wherein an unnatural myristic acid analogue is coupled via an ester moiety to the 5’-position of FLT or AZT. Subsequent intracellular cleavage of the prodrug ester would simultaneously release FLT or AZT that could inhibit reverse transcriptase (RT), and the myristic acid analogue that could inhibit myristoyl- CoA:protein N-myristoyltransferase (NMT). Methods: Cytotoxicity (2.2.15 cell culture), and antihepatitis B activity of 5’-O-myristoyl analogue prodrug derivatives of FLT and AZT (2-8) were evaluated in vitro using human liver hepatitis B virus (HBV) producing 2.2.15 cell lines. Results: The 5’- …

Go to article

Truth In Adjudication, Mirjan Damaska Jan 1998

Truth In Adjudication, Mirjan Damaska

UC Law Journal

No abstract provided.

Go to article

Built On Lies: Preliminary Reflections On Evidence Law As An Autopoietic System, Richard O. Lempert, John Demers Jan 1998

Built On Lies: Preliminary Reflections On Evidence Law As An Autopoietic System, Richard O. Lempert, John Demers

UC Law Journal

No abstract provided.

Go to article

"Screw Your Courage To The Sticking-Place": The Roles Of Evidence, Stipulations, And Jury Instructions In Criminal Verdicts, James Joseph Duane Jan 1998

"Screw Your Courage To The Sticking-Place": The Roles Of Evidence, Stipulations, And Jury Instructions In Criminal Verdicts, James Joseph Duane

UC Law Journal

No abstract provided.

Go to article

Truth And Its Rivals In The Law Of Hearsay And Confrontation, Richard D. Friedman Jan 1998

Truth And Its Rivals In The Law Of Hearsay And Confrontation, Richard D. Friedman

UC Law Journal

No abstract provided.

Go to article

Cognition And Hearsay: A Response To Professor Friedman, Craig R. Callen Jan 1998

Cognition And Hearsay: A Response To Professor Friedman, Craig R. Callen

UC Law Journal

No abstract provided.

Go to article

Rival Claims To "Truth", Eleanor Swift Jan 1998

Rival Claims To "Truth", Eleanor Swift

UC Law Journal

No abstract provided.

Go to article

Evidential Completeness And The Burden Of Proof, Dale A. Nance Jan 1998

Evidential Completeness And The Burden Of Proof, Dale A. Nance

UC Law Journal

No abstract provided.

Go to article

Character At The Crossroads, Roger C. Park Jan 1998

Character At The Crossroads, Roger C. Park

UC Law Journal

No abstract provided.

Go to article

The Perilous Task Of Rethinking The Character Evidence Ban, David P. Leonard Jan 1998

The Perilous Task Of Rethinking The Character Evidence Ban, David P. Leonard

UC Law Journal

No abstract provided.

Go to article

What Is Wrong With Character Evidence?, Peter Tillers Jan 1998

What Is Wrong With Character Evidence?, Peter Tillers

UC Law Journal

No abstract provided.

Go to article

Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance, Samuel R. Gross Jan 1998

Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance, Samuel R. Gross

UC Law Journal

No abstract provided.

Go to article

The Personhood Argument Against Polygraph Evidence, Or Even If The Polygraph Really Works, Will Courts Admit The Results, James R. Mccall Jan 1998

The Personhood Argument Against Polygraph Evidence, Or Even If The Polygraph Really Works, Will Courts Admit The Results, James R. Mccall

UC Law Journal

No abstract provided.

Go to article

The Social Worker's Privilege, Victim's Rights, And Contextualized Truth, Myrna S. Raeder Jan 1998

The Social Worker's Privilege, Victim's Rights, And Contextualized Truth, Myrna S. Raeder

UC Law Journal

No abstract provided.

Go to article

First Prev Next Last