Digital Commons Network^™

Stretching The Limits Of The Ada: Asymptomatic Hiv-Positive Status As A Disability In Bragdon V. Abbott, 118 S. Ct. 2196 (1998), Teresa A. Schneider

Nebraska Law Review

This Note points out problems with the Bragdon v. Abbott Supreme Court decision and ultimately argues that an asymptomatic HIV-positive person is not disabled under the first definition of disability contained in the Americans with Disabilities Act (ADA); that is, “a physical or mental impairment that substantially limits one or more of the major life activities of such individual.” An asymptomatic HIV-positive individual is not disabled within that definition because, even though he or she suffers from a physical impairment, the impairment does not substantially limit any major life activity. Although this Note rejects the argument that reproduction is a …

Physician-Assisted Suicide: New Protocol For A Rightful Death, Christine Neylon O’Brien, Gerald A. Madek

Nebraska Law Review

The United States Supreme Court granted review of two physician-assisted suicide decisions from the Second and Ninth Circuits. These cases involved state statutes that regulate and criminalize assisting in death. The Second Circuit in Quill v. Vacco found a Fourteenth Amendment equal protection violation in a New York statute because similarly situated individuals were classified in a manner that was not rationally related to a legitimate state interest. This decision pertained to competent, terminally ill adults who would be legally prohibited from seeking active intervention in hastening death, e.g., by a prescription of a lethal dose of medication, as compared …

Nostalgic Attempts To Recapture What Never Was: Louisiana’S Covenant Marriage Act, Susan Hager

Nebraska Law Review

I. Introduction: The State of the Marital Union

II. An Overview of Fault and No-Fault Divorce

III. The Louisiana Solution for Taming the Divorce Rate ... A. An Overview of Covenant Marriage ... 1. The Counseling Components ... 2. The Fault and Fault-like Divorce Grounds ... 3. The Complete Disclosure Element of Covenant Marriage ... B. Reactions to Covenant Marriage

IV. Addressing the Criticisms of Covenant Marriage ... A. The Coercion Factor ... B. Feminist Objections ... C. Conflict of Laws Issues

V. Conclusion

Requiring Managed Care To Disclose The Use Of Financial Incentives: Shea V. Esensten, 107 F.3d 625 (8th Cir. 1997), Paul Heimann

Nebraska Law Review

This Note first presents the factual background and procedural history of Shea v. Esensten. Next, this Note analyzes the judicial and legislative reluctance to hold managed care organizations (MCOs) accountable for the results of their use of financial incentives. This Note then examines: 1) the impact of ERISA preemption on cases like Shea that attack the use of financial incentives to reduce care; 2) the court’s solution to the “problem” presented in Shea, holding that there is a fiduciary duty to disclose such incentives under ERISA; and 3) the fact that despite the court’s holding, Mrs. Shea cannot …

Property As Propriety, Gregory S. Alexander

Nebraska Law Review

I. Introduction

II. Propriety and Entrepreneurship in the Nineteenth Century: The Vested Rights Doctrine ... A. Vested Rights as Proper Order: Fletcher v. Peck ... B. Community and Competition: The Charles River Bridge Case

III. Propriety in the Welfare State: The “New Property” ... A. Institutional Changes in Property ... B. Changes in the Idea of Property in the Welfare State ... C. The Origins and Development of the “New Property” ... D. The Dilemma of the New Property and Property-as-Propriety

IV. The Twitching Corpse of Propriety

Residential Group Homes For Nebraska’S Troubled Youth: An Attractive Alternative To Institutionalization, Jill E. Thomsen

Nebraska Law Review

This Note examines the viability of residential group homes for Nebraska’s troubled teenagers. Part II describes the positive impact that community-based group homes have upon abused and neglected youth. Part III addresses the obstacles facing the creation of such facilities, focusing on difficulties posed by restrictive covenants and municipal zoning efforts which restrict residential land use to “single-family dwellings.” Finally, Part IV proposes that protections offered by the Federal Housing Amendments Act under its “family status” provision, as well as the expressed public policies of this state, provide supplemental support in the movement toward sheltering Nebraska’s troubled youth.

Hospital Marketing And The Internet: Revisited, C. David Shepherd, Daniel Fell

Faculty Articles

In 1995 a study was conducted to explore the use of the Internet in hospital marketing. Use of the Internet has exploded since that study was published. This manuscript replicates the 1995 study and extends it by investigating several managerial and operational issues concerning the use of the Internet in hospital marketing.

The Prevalence Of Posttraumatic Stress Disorder Among Federal Prison Inmates, Robert K. Guthrie

Graduate Theses, Dissertations, and Problem Reports (ETD)

Incarceration in the United States has increased dramatically in recent years. The total number of inmates under the jurisdiction of the Federal Bureau of Prisons (BOP) on September 30, 1995, was 100,958, an increase of over 11,000 (12%) from January 1, 1994 (U. S. Department of Justice, 1995a) and an increase o f over 60,000 (152%) from 1981 (U. S. Department of Justice, 1994a). Approximately 92% of this population is male. Rubin and McCampbell (1995) point out that conservative estimates indicate that 6-8% (6,000-8,000) of inmates currently under BOP control exhibit a major mental disorder, such as bipolar affective disorder, …

Municipal Involvement In International Relations, John Jack William Hilgers

Theses and Dissertations in Urban Services - Urban Management

The purpose of this study is to examine municipal involvement in international relations in the United States. This municipal phenomenon is occurring concurrently with both a shift away from the traditional nation-centric structure of international relations under the influence of globalism as well as a sharp decline in intergovernmental aid. The research questions were: (1) What are the indicators that define municipal involvement in international relations? and (2) What is the extent of that involvement?

Extensive qualitative and research was conducted in the form of an exploratory literature survey which was set forth in narrative analysis to overcome the paucity …

A New Genetic Locus In Sinorhizobium Meliloti Is Involved In Stachydrine Utilization, Donald A. Phillips, Eve S. Sande, J. A.C. Vriezen, Frans J. De Bruijn, Daniel Le Rudulier, Cecillia M. Joseph

Biological Sciences: Faculty Publications

Stachydrine, a betaine released by germinating alfalfa seeds, functions as an inducer of nodulation genes, a catabolite, and an osmoprotectant in Sinorhizobium meliloti. Two stachydrine-inducible genes were found in S. meliloti 1021 by mutation with a Tn5-luxAB promoter probe. Both mutant strains (S10 and S11) formed effective alfalfa root nodules, but neither grew on stachydrine as the sole carbon and nitrogen source. When grown in the absence or presence of salt stress, S10 and S11 took up [14C]stachydrine as well as wild-type cells did, but neither used stachydrine effectively as an osmoprotectant. In the absence of salt stress, both S10 …

Research Report: A Preliminary Analysis Of Medical Futility Decisionmaking: Law And Professional Attitudes, Richard L. Wiener Ph.D., David Eton M.A., Vincent P. Gibbons M.D., Jesse A. Goldner J.D., Sandra H. Johnson J.D.

All Faculty Scholarship

The debate in medical futility decisionmaking centers on the conflict between a patient insisting treatment and a doctor refusing to furnish it. Courts have taken two disparate approaches to the legal status of medical futility. Believing that such legal ambiguity may reflect ambiguity in the medical profession itself, this research report sought to identify any emerging consensus among professionals handling medical futility issues.

The report explains the results of the Life Sustaining Treatment Survey, a nationwide survey of health care professionals at hospitals. Presented with a list of criteria, respondents assigned important ratings to the factors used in recent futility …

Resurrecting The Dodo: The Unfortunate Re-Emergence Of The Puffery Defense In Private Securities Actions, Jennifer O'Hare

Faculty Publications

The conventional wisdom is that the puffery defense is inapplicable in securities regulation. However, appellate courts in almost every federal circuit have recently used the puffery defense to dismiss private securities fraud actions that were based on vague statements of corporate optimism. This Article demonstrates that the courts have misused the puffery defense and have improperly insulated companies from liability for their misrepresentations. It contends that the assumptions justifying the use of the puffery defense are not present in securities transactions and that the federal securities laws have expressly rejected the very doctrine underlying the puffery defense-caveat emptor. Arguing that …

Partial Sequencing Of A Balbiani Ring Gene And Development Of A Molecular Probe, Kerri Ann Kurzeja

Seton Hall University Dissertations and Theses (ETDs)

The Environmental Protection Agency is currently developing sediment quality criteria in order to protect the nation's water sources. In order to assist in the development of standards for the disposal of heavy metals, our laboratory is undergoing sediment toxicity studies on Chironomus riparius. It is an EPA approved test organism that spends most of its life in the sediment. Following a previous study (Cochrane et al., 1994), the organism's response to heavy metals will be monitored on the genetic level. Several genes, including a Balbiani ring (BR) gene, which was the focus of this thesis, will be studied to determine …

Telemedicine, Marcia A. O'Connor

Seton Hall University Dissertations and Theses (ETDs)

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Preparing And Reporting On Cash- And Tax-Basis Financial Statements, Michael J. Ramos, American Institute Of Certified Public Accountants. Accounting And Auditing Publications Team

Guides, Handbooks and Manuals

No abstract provided.

Seeing Is Succeeding: The Impact Of Visioning On The Bottom Line, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.

Chart Your Course : Planning For The 1998 Tax Season; A Cpa's Guide For Taxpayers, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.

Peer Review Program Materials: Off-Site Team Captain Package, American Institute Of Certified Public Accountants. Peer Review Board

Guides, Handbooks and Manuals

No abstract provided.

Financial Statement Reporting And Disclosure Practices For Employee Benefit Plans; Aicpa Practice Aid Series, Linda Delahanty

Guides, Handbooks and Manuals

No abstract provided.

Pfp Practice Handbook, 1998/1999, American Institute Of Certified Public Accountants. Personal Financial Planning Division

Guides, Handbooks and Manuals

No abstract provided.

Cpa's Guide To Understanding Business Insurance, Nino Lama

Guides, Handbooks and Manuals

No abstract provided.

Cpa's Guide To Workflow Management, John Graves, Kimberly S. Hill, Lisa F. Allen

Guides, Handbooks and Manuals

No abstract provided.

Role Of Serum Angiotensin Converting Enzyme In Sarcoidosis, Aysha Habib, Farooq Ghani, Mohammad Khurshid, Amanullah Khan, M. Atta Khan

Department of Pathology and Laboratory Medicine

This study was conducted to determine the role of Serum Angiotensin Converting Enzyme (SACE) as a marker in the differential diagnosis of pulmonary diseases and prognosis of sarcoidosis, A retrospective analysis of 113 medical records of patients at The Aga Khan University Hospital, with laboratory investigation for SACE was performed. Among 113 patients, 51 cases were found to have sarcoidosis, 44 of them had SACE levels greater than 52 lU/L (mean ACE 104.44). SACE levels were also found elevated in other clinical conditions like tuberculosis (mean 58.64 lUlL), but the enzyme level were less (p0.04) than those found in sarcoidosis …

Australian Aboriginal Students In Higher Education, Ian Malcolm, Judith Rochecouste

Research outputs pre 2011

One of the striking features of Australian higher education over the last ten years has been the marked increase in participation by Indigenous Australians. In a National Review of Education for Aboriginal and Torres Strait Islander Peoples, carried out in 1994, it was noted that the number of Aboriginal and Torres Strait Islander students had more than doubled between 1988 and 1993 (National Review of Education for Aboriginal and Torres Strait Islander Peoples, 1994:28-29). Indigenous Australians constitute 1.6 per cent of the population of Australia and in 1993 some 5,578 indigenous people were attending Australian public universities, which is 1.3% …

Proceedings Of The Women's Health: Women's Lives Conference: May 3rd 1998, Lynne Hunt (Ed.)

Research outputs pre 2011

The Women's Health: Women's Lives Conference was held on 3 May 1998, at Joondalup Campus, Edith Cowan University. The principal aim of the Conference was to celebrate 10 years of the teaching of Women's Health and Women's Studies at ECU, by drawing together past and present students, university staff and members of the Western Australian community interested in women's issues.

Helping And Servicing Regional Small Businesses: An Evaluation Of The Business Grow Program In The South West Region Of Western Australia, Xueli Huang, Alan Brown, Robyn Morris, Barry Chapman

Research outputs pre 2011

In October 1997 the Edith Cowan University was invited to evaluate the performance of the Business Grow Program. The program commenced on July 1, 1995, and its evaluation, scheduled to be completed by April 1998, has been undertaken to assess the performance of the Program since its instigation.

The evaluation team has relied substantially on information provided by small business owners, local government representatives, industry associations, and the manager of the Program. The evaluation team would like to thank Kate Loughton for her assistance in facilitating the administration of this project.

The evaluation was undertaken by Small and Medium Enterprise …

Human Services: A Discussion Paper, David Wiles

Research outputs pre 2011

Human services is an emergent field of study and work in Australia. Its definition is complex, needing continuing theoretical and empirical clarification. Despite the contemporary decline of the Australian welfare state, human services has emerged in cultural congruence with historic Australian notions of a 'fair go', of social equity, and of social egalitarianism. Human services constitutes a nascent profession, which - in the main - helps people with problems, particularly including members of the social 'underclass'. With much of its origins in volunteerism and the voluntary sector, human service organisational theory is now developing, and is helping workers and students …

Castrating Pedophiles Convicted Of Sex Offenses Against Children: New Treatment Or Old Punishment, William Winslade, T. Howard Stone, Michele Smith-Bell, Denise M. Webb

SMU Law Review

No abstract provided.

Variabilidad En La Prueba De Boston Para El Diagnóstico De Las Afasias En Adultos Laboralmente Activos [Variability Of The Boston Test For The Diagnosis Of Aphasia In Active Working Adults], David Pineda, Silvia Mejia-Arango, Monica Rosselli, Alfredo Ardila, M. G. Romero, C. Perez

School of Medicine Publications

Introduction: The aim of this study was to analyze the influence of age, gender, socioeconomic status (SES), academic achievement (education), and type of occupation, on the performance of the Boston Diagnostic Aphasia Examination (BDAE) Spanish version.

Material and methods: The BDAE was administered to a group of 156, 19 to 60 years old, occupationally active normal subjects.

Results: A descriptive analysis showed that some subjects (1 to 3%) scored in the pathological range of the centiles and profiles of the BDAE. A MANOVA (p < 0.05) demonstrated a significant effect of education over most of the BDAE subtests. Females outperformed males on some reading and writing subtests. SES had an effect over body part identification and naming. Significant differences were observed between younger and middle age groups in confrontation naming, oral and word picture reading. The older group scored significantly lower than the younger group in serial writing and sentences to dictation. No differences were observed between the older and the middle groups. Only oral spelling was affected by the type of occupation but a significant interaction of occupation and level of education was found.

Conclusions: Language tests are influenced by demographic variables, particularly education. Normal variability on the BDAE should …

"Khit-Pen" Theological Education Model: A Methodology For Contextualizing Theological Education In Thailand, Dadee-En Saengwichai

ATS Dissertations

No abstract provided.