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Evaluating The Case For Social Security Reform: Elderly Poverty, Paternalism And Private Pensions, Maria O'Brien

Faculty Scholarship

This Article considers the many arguments currently being made in favor of Social Security pension reform and evaluates each of them in terms of the principal Congressional goal of the program-the elimination of elderly poverty-as well as more recent goals that have been articulated by subsequent commentators such as a reduction in government paternalism and the maximization of retirement income. The Article begins with a short history of the public pension program in the United States and considers at length the details of the various reform proposals that currently enjoy support. In addition it examines the enormously regressive tax structure …

Policing For Profit: The Drug War’S Hidden Economic Agenda, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In the following pages, we first describe in more detail how the Drug War’s financial largess has kept its soldiers in business. We then discuss the destructive impact of this economic regime, marshaling evidence to show that the corruption of law enforcement priorities and wholesale miscarriages of justice can be attributed to the operation of these incentives. Finally, we explore potential legal and legislative remedies through which law enforcement may regain its bearings.

Our investigation focuses on the economic underpinnings of current drug law enforcement policy. Drug policy also raises an extraordinarily broad range of moral, health, and criminological concerns, …

Transgenic Agriculture: Biosafety And International Trade, Michael S. Baram, Calestuous Juma, Sheldon Krimsky, Rufus C. King

Faculty Scholarship

We stand at the threshold of a new century that will bring novel methods of producing foods, industrial materials, pharmaceuticals, and other products important to society and industry. Today's session will, therefore, address a subject of great importance: the introduction of genetically modified crops, livestock, micro-organisms, and other substances into agriculture and related fields, made possible by American and foreign corporate biotechnology.

An Assessment Of Presidential Perceptions Of Goal Compliance Stated In West Virginia Senate Bill 547., Mark Stephen Carter

Graduate Theses, Dissertations, and Problem Reports (ETD)

The article is a report of a qualitative study to determine whether Presidents of West Virginia higher education institutions maintain attitudes commensurate with goal statements contained in Senate Bill 547: a West Virginia legislative initiative that requires institutional compliance with various legislated goals. Findings of the study are presented in a brief, case study format for each President. In addition, a global assessment of Presidential perceptions with associated issues of compliance/noncompliance is presented.

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 …

Autopoiesis And The "Relative Autonomy" Of Law, Hugh Baxter

Faculty Scholarship

Recent accounts of the relation between law and other social spheres have emphasized law's "relative autonomy." The intuition behind the "relative autonomy" formula is that law is neither wholly independent of, nor entirely reducible to, political, economic and other social processes. Sensible as this intuition is, however, the idea of "relative autonomy" by itself remains purely negative. It excludes two unpalatable extremes – pure formalism and pure instrumentalism – but it does not by itself characterize, in positive theoretical terms, the relation between law and other social discourses or practices.

This Article examines an attempt in recent German social thought …

Judicial Review Of Discount Rates Used In Regulatory Cost-Benefit Analysis, Edward R. Morrison

Faculty Scholarship

Executive orders, statutes, and precedent increasingly require cost-benefit analysis of regulations. Presidential executive orders have long required executive agencies to submit regulatory impact analyses to the Office of Management and Budget ("OMB") before issuing regulations, and recent federal legislation exhibits a trend toward mandatory cost-benefit analysis. For example, the Toxic Substances Control Act, the Federal Insecticide, Fungicide and Rodenticide Act, and the recent Safe Drinking Water Act Amendments require the Environmental Protection Agency to balance costs and benefits in regulating chemicals and pesticides. In 1995, Congress passed the Unfunded Mandates Act, requiring cost-benefit analysis of all significant federal regulations that …

Declining Homicide In New York City: A Tale Of Two Trends, Jeffery Fagan, Franklin E. Zimring, June Kim

Faculty Scholarship

The mass media pay plenty of attention to crime and violence in the United States, but very few of the big stories on the American crime beat can be classified as good news. The driveby shootings and carjackings that illuminate nightly news broadcasts are the opposite of good tidings. Most efforts at prevention and law enforcement seem more like reactive attempts to contain ever expanding problems rather than discernable public triumphs. In recent American history, crime rates seem to increase on the front page and moderate in obscurity.

The recent decline in homicides in New York City is an exception …

Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman

Faculty Scholarship

One hundred days after taking office as Chief Executive of the Hong Kong Special Administrative Region (Hong Kong SAR) of the People's Republic of China, Tung Chee-hwa pledged both to take steps to improve Hong Kong's environment, and to increase coordination of environmental policy with officials in neighboring Guangdong Province. Tung's comments marked a rhetorical shift from environmental policy in British Hong Kong: eight years earlier, the Hong Kong government's first White Paper on environmental policy, Pollution in Hong Kong – A Time to Act, made only passing mention of China. Yet the White Paper was not alone in …

Is There A Future For Future Claimants After Amchem Products, Inc. V. Windsor?, Alex Raskolnikov

Faculty Scholarship

In September 1990, the Chief Justice of the U.S. Supreme Court appointed an Ad Hoc Committee on Asbestos Litigation in response to what was widely perceived as a "'failure of the federal court system to perform one of its vital roles in our society.'" Less than a year later, the Judicial Panel on Multidistrict Litigation transferred all untried asbestos cases to the eastern district of Pennsylvania for pretrial proceedings. In January 1993, these proceedings produced a global settlement class action of historic proportions, which the district court eventually approved in August 1994. In May 1996, in Georgine v. Amchem Products, …

Guns, Youth Violence, And Social Identity In Inner Cities, Jeffrey Fagan, Deanna L. Wilkinson

Faculty Scholarship

While youth violence has always been a critical part of delinquency, the modern epidemic is marked by high rates of gun violence. Adolescents in cities possess and carry guns on a large scale, guns are often at the scene of youth violence, and guns often are used. Guns play a central role in initiating, sustaining, and elevating the epidemic of youth violence. The demand for guns among youth was fueled by an "ecology of danger," comprising street gangs, expanding drug markets with high intrinsic levels of violence, high rates of adult violence and fatalities, and cultural styles of gun possession …

Legal Education Then And Now: Changing Patterns In Legal Training And In The Relationship Of Law Schools To The World Around Them, Joan C. Williams, Bob Gordon, Jack Schlegel, James May

Faculty Scholarship

No abstract provided.

Marriage As Relational Contract, Elizabeth S. Scott, Robert E. Scott

Faculty Scholarship

The evolution of marriage from a relationship based on status to one that is regulated by contractual norms achieved a milestone of sorts recently with the enactment of the Louisiana Covenant Marriage Act. Under this statute, couples entering marriage can choose to have the termination of their relationship regulated under conventional no-fault divorce rules, or they can voluntarily undertake a greater commitment to their marriage. For couples who select covenant marriage, either party can terminate the relationship on fault grounds, but unilateral termination of the marriage is available only after a substantial waiting period. The principal impact of the statute …

High-Level, "Tenured" Lawyers, Thomas W. Merrill

Faculty Scholarship

Government lawyers can be broadly categorized as either political or civil service appointees. The political appointees constitute a thin layer at or near the top of the hierarchy of government lawyers. They include, most prominently, presidential appointees – "Officers of the United States" who must be nominated and confirmed by the Senate prior to their appointment. They also include a variety of lesser lawyers who are exempt from most of the civil service laws. Such exempt "inferior Officers" include, for example, the lawyers in the White House Counsel's office and so-called "Schedule C" lawyers who hold positions "of a confidential …

The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss

Faculty Scholarship

Both the structure of the Constitution and elementary civics texts imagine an Executive Branch under the close, unitary control of an elected chief executive, the President. Doubtless from the start, and unmistakably in the administrative state, the reality has been quite different. Those to whom Congress has delegated authority to act, particularly in that domain that we have in mind when invoking a "government of laws," conduct their business within a web more aptly described as coordination than control. In regulatory matters, the coordinating impulses run through the Department of Justice ("DOJ") and, increasingly, the Office of Information and Regulatory …

Original Sin And The Transaction In Federal Civil Procedure, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love

Articles

We use maps for orientation and guidance. A topographical map and compass guide us through unmarked terrain. To pass a bar exam, law students follow a course carefully mapped out by BAR/ BRI. To understand political configurations, we study maps of the world, indicating countries and states and their boundaries. Maps are important. They create paradigms or "boxes" within which to operate safely and efficiently. The universe a map depicts-what is put in and what is left out-must have an internal cohesion, logic, and accuracy. If not, maps misguide their users.

Faculty Publications 1997, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 767 publications.

A Prospective Study Of Neonatal Withdrawal In Infants Exposed To Cocaine And Methadone, Barbara A. Mcgee

Yale Medicine Thesis Digital Library

No abstract provided.

Natural Progression Of Aortic Stenosis In A Veteran Population, Marjory Alabre

Yale Medicine Thesis Digital Library

No abstract provided.

The Predictive Validity Of Parent And Teacher Reports Of Adhd Symptoms, Thomas J. Power, Brian J. Doherty, Susan Panichelli-Mindel, James L. Karustis, Ricaro B. Eiraldi, Arthur D. Anastopoulos, George J. Dupaul

PCOM Scholarly Works

The objectives were to evaluate the ability of the Inattention and Hyperactivity-Impulsivity factors of the ADHD Rating Scale-IV to differentiate children with ADHD from a control group and to discriminate children with different subtypes of ADHD. Also, we sought to determine optimal cutoff scores on the teacher and parent versions of this scale for making diagnostic decisions about ADHD. In a sample of 92 boys and girls 6 to 14 years of age referred to a regional ADHD program, we assessed ADHD diagnostic status using categorical and dimensional approaches as well as parent- and teacher-report measures. Logistic regression analyses showed …

Choosing Cremation In Missoula Montana: Implications For Theories On Western Individualism, Danielle Valentine

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Placental Xenobiotic And Steroid Metabolism In Normal And Diabetic Patients., Donna Jean Mcrobie-Belle

Graduate Theses, Dissertations, and Problem Reports (ETD)

The primary function of the human placenta is to ensure an optimal environment for fetal growth and development. Nutrients, endogenous substances and xenobiotics enter the placenta via the maternal circulation. The placenta possesses the ability to metabolize a number of xenobiotics and endogenous compounds by processes (cytochrome P450 enzymes and/or glutathione conjugation pathways) similar to those in the liver. Although the metabolites produced are usually inactive, reactive or toxic metabolites may also be generated. Therefore, changes in placental enzymatic function could alter fetal exposure to these reactive/toxic metabolites. Animal and in vivo human studies suggest diabetes alters the liver's xenobiotic …

Stamper Information By Nancy Adkins, Carter County Genealogical Society

Carter County Genealogy Collection

A family history of the Stamper family of Carter County, Kentucky by Nancy Adkins.

Stability And Compatibility Of Four Cytotoxic Drug Infusions In The Graseby 9000 Ambulatory Pump, Gj Sewell, Mj Priston

School of Health Professions

Objective. The purpose of this study was to determine the stability of three cytotoxic infusions in the Graseby 9000 ambulatory pump (Graseby Medical, Watford, UK) under both refrigerated storage and in-use conditions. The infusions studied were: (a) doxorubicin (2 mg/mL) plus vincristine (0.2 mg/mL) and (b) ifosfamide (20 mg/mL) plus mesna (20 mg/mL) and etoposide (0.5 mg/mL). In each case, the diluent was water for injection. Methods. Graseby 9000 medication cassettes, each containing one of three infusions studied, were incubated at either 8°C or 37°C to represent refrigerated storage or 'in-use' temperatures, respectively. Samples were withdrawn for chemical and physical …

An Evaluation Of A Staff Mentor Program For At-Risk Students In An Oregon High School: Cake (Caring About Kids Effectively), Gail Lenore Hayes

Dissertations and Theses

This study examined the effect of a staff-mentoring program with students identified as at-risk of becoming early leavers. This mentoring program, Caring About Kids Effectively (CAKE), was implemented at a suburban secondary school in Oregon serving grades 9 through 12.

The study of the CAKE program had four research components: (a) indicators of school success (GPA, attendance, and attitudes toward school) were compared between at-risk students and those not at-risk; (b) indicators of school success were analyzed over the time at-risk students were mentored to find any significant change; (c) indicators of school success and enrollment status at graduation was …

End Stage Renal Disease Program Evaluation, Amanda Sehulster

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Quality Of Care Received By Type I Diabetic Patients : An Assessment Protocol Developed From The American Diabetes Association's Standards, Shelly Lyn Johnson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Patterns Of Time, Place, And Culture: Land Use Zoning In Portland, Oregon, 1918-1924, Meg Merrick

Dissertations and Theses

Until recently, few have questioned the notion that the separation of uses in land use zoning is inherently correct. Many observers of the city are now suggesting that zoning, as it has been practiced in this country over the last 80 years, has created cities that are fractured and function poorly. Others propose that zoning should be reconsidered as a remedy for urban dysfunction. They suggest that the whole notion of zoning be rethought.

The purpose of this study is to uncover some of the underlying rationales and methodologies that set the model for zoning. This study examines the rationales …

Impact Of Tourism In The Foothills Of Nepal : A Case Study On Income Generation Occupational Structure Agriculture Production And Firewood Consumption Patterns Along The Dhampus-Pothana Trekking Route In Kaski, Tek Bahadur Gurung

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.