Digital Commons Network^™

Compensation And The Interconnectedness Of Property, Thomas W. Merrill

Faculty Scholarship

Professor Joseph Sax's scholarship on the Takings Clause combines the craft of a first-class lawyer with the passion of a visionary. The good lawyer that he is, Sax's scholarship reflects a deep understanding of Supreme Court case law, legal history, and the practical dimensions of various kinds of land use disputes. Yet his work on takings is not animated by any desire for mere doctrinal tidiness. It is driven by a distinctive vision – one in which the earth's resources are becoming increasingly interconnected and in which there is an increasing need for the government to resolve conflicts regarding the …

Cardiorespiratory Fitness And Cardiovascular Disease Risk Factors In Postmenopausal Women, Bryan L. Haddock

Loma Linda University Electronic Theses, Dissertations & Projects

In spite of the reductions in cardiovascular disease mortality over the last several years, cardiovascular disease remains the number one cause of death in the U.S. Prior to menopause, women have approximately 2.5-4.5 times lower risk of cardiovascular disease than do men of a similar age. Within about 10 years following menopause, however, the rate in women becomes similar to that seen in men. Increased cardiorespiratory fitness and use of hormone replacement have been suggested as ways to improve the cardiovascular disease (CVD) risk profile. Unfortunately, very little is known about the effect of cardiorespiratory fitness on the CVD risk …

The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller

Faculty Scholarship

Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse – a tragedy of the commons. Depleted fisheries …

Self-Consistent Effective Binary Interaction Approximation For Strongly Coupled Multifluid Dynamics, John D. Ramshaw

Physics Faculty Publications and Presentations

An improved self-consistent effective binary diffusion approximation for multicomponent diffusion was recently described [1]. Here we develop an analogous self-consistent effective binary interaction (SCEBI) approximation for simplifying multifluid dynamical descriptions in which each fluid is strongly coupled to the other fluids by pairwise frictional forces. The net drag force on each fluid is the summation of the drag forces due to each of the other fluids. This summation is approximated by a single term proportional to the velocity of the fluid in question relative to an appropriately weighted average velocity. This approximation permits an explicit numerical solution for the fluid …

Are We Ready For Mediation In Cyberspace?, Joel B. Eisen

Law Faculty Publications

In Part I, I provide a brief model of a hypothetical multiparty environmental mediation proceeding. I describe limits on environmental mediation common to both the online and offline settings, and provide a model for analysis of the hypothetical proceeding. In Parts II and III, I consider limits on online mediation's potential that derive from the electronic character of the proceeding. In Part II, I discuss challenges for online mediation and conclude that such mediation, particularly complex proceedings such as environmental disputes, should be deferred for the time being. In Part III, I discuss additional concerns about the flow of communication …

The Star-Spangled Banner Forever Be Furled: The Mormon Exodus As Liberty, Richard Bennett

Faculty Publications

You wanted to know what we waited to move for, wrote Sidney Tanner, an early Mormon pioneer, to his family in the East. "It was to go to a land of freedom where we could enjoy the peace of society and our liberty. We did not want to live in a country where there was no peace, no liberty and its citizens [were] not allowed their rights." So much has been written about the Mormon Trail that one wonders if there is anything of consequence to be said. Surely all the prominent details are well known. And were it not …

Religious Law And Civil Law: Using Secular Law To Assure Observance Of Practices With Religious Significance, Kent Greenawalt

Faculty Scholarship

Civil law in the United States rarely helps to enforce religious standards or demands that people perform actions whose significance relates to religious obligations. Yet, some American states do have such involvement with certain observances of Orthodox and Conservative Judaism. Many states enforce kosher requirements, to which Orthodox and some Conservative Jews adhere. The laws, which penalize fraud in the labeling of products as kosher, serve the secular interest in preventing deception of consumers. However, the laws also force the state to decide when religious regulations have been violated.

Orthodox and Conservative Jewish divorces raise a second kind of involvement. …

Property And The Right To Exclude, Thomas W. Merrill

Faculty Scholarship

The Supreme Court is fond of saying that "the right to exclude others" is "one of the most essential sticks in the bundle of rights that are commonly characterized as property." I shall argue in this Essay that the right to exclude others is more than just "one of the most essential" constituents of property – it is the sine qua non. Give someone the right to exclude others from a valued resource, i.e., a resource that is scarce relative to the human demand for it, and you give them property. Deny someone the exclusion right and they do not …

Meperidine Attenuates The Secretion But Not The Transcription Of Il-1ss In Human Mononuclear Leukocytes, Donna O. Mccarthy, Susan Murray, Dawn Galagan, James E. Gern, Paul R. Hutson

College of Nursing Faculty Research and Publications

Background: The infusion of amphotericin-B (AmB) often produces clinically distressing rigors and chills, which promptly abate with intravenous injection of meperidine, although its mechanism of action is unknown.

Objective: To examine the effects of meperidine on the transcription or secretion of Interleukin 1β (IL-1β) in human mononuclear leukocytes (MNL) exposed in vitro to the lipopolysaccharide (LPS) contained inEscherichia coli endotoxin or to AmB.

Methods: Blood was drawn from eight healthy adult volunteers. The blood was centrifuged, and the layer containing MNL was separated; incubated with various combinations of medium, meperidine, and AmB; then tested for IL-1 content to determine …

Police, Community Caretaking, And The Fourth Amendment, Debra A. Livingston

Faculty Scholarship

The local police have multiple responsibilities, only one of which is the enforcement of criminal law. Police gather eyewitness accounts in the aftermath of a shooting, but they also assist lost children in locating their parents. Police identify and arrest those who have committed felonies, but they also respond to heart attack victims and help inebriates find their way home. Sometimes police check on the well-being of elderly citizens. As Professor Goldstein said some twenty years ago, "The total range of police responsibilities is extraordinarily broad .... Anyone attempting to construct a workable definition of the police role will typically …

Playing Race Cards: Constructing A Proactive Defense Of Affirmative Action, Kimberlé W. Crenshaw

Faculty Scholarship

On behalf of the African American Policy Forum ("AAPF"), I am pleased to participate in this symposium as a co-sponsor and contributor. The AAPF, who together with Fairness and Accuracy in Reporting (FAIR) and the Women's Roundtable constitute the Women's Media Initiative, believes that events such as these are critical in efforts to map strategies for intervening in public debates surrounding affirmative action and a host of related issues such as welfare reform, racial profiling, the prison industrial complex, and the concentration of wealth, just to name a few. As one of many organizations that have taken up the defense …

The (Cloudy) Future Of Class Actions, Edward H. Cooper

Articles

The past, both proximate and remote, is often consulted in attempts to predict the future. Of course extrapolation from past to future is at best an uncertain art. Extrapolation, however, is not the only problem. Lessons from the recent past are distorted by lack of perspective. Lessons from the distant past are distorted by distance. The first step is to choose which of the competing pasts to consult. Selfishly, I choose to consult the recent past, as it continues through the present and on into the near-term future, from the perspective of the Advisory Committee on the Federal Rules of …

The Costs Of Cigarettes: The Economic Case For Ex Post Incentive-Based Regulation, Jon D. Hanson, Kyle D. Logue

Articles

Cigarette smoking causes over 420,000 deaths annually in the United States, roughly twenty percent of all U.S. deaths, making cigarettes the single greatest preventable cause of death in this country. Indeed, tobacco kills more people every year than alcohol, illicit drugs, automobile accidents, violent crime, and AIDS combined. And not only are cigarettes deadly to smokers; they kill nonsmokers as well. According to a recent report from the Environmental Protection Agency (EPA), the "sidestream" or "passive" smoke from cigarettes - so-called environmental tobacco smoke (ETS) - is responsible annually for approximately 3000 lung cancer deaths, between 150,000 and 300,000 lower …

How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine

Articles

The Wagner Act of 1935, the original National Labor Relations Act (NLRA), has been called "perhaps the most radical piece of legislation ever enacted by the United States Congress."' But Supreme Court interpretations supposedly frustrated the utopian aspirations for a radical restructuring of the workplace." Similarly, according to another commentator, unnecessary language in one of the Court's earliest NLRA cases "drastically undercut the new act's protection of the critical right to strike."'

Truth And Its Rivals In The Law Of Hearsay And Confrontation (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law)." , Richard D. Friedman

Articles

In this paper, I will look at the problem of hearsay and confrontation through the lens offered by this symposium's theme of "truth and its rivals." I will ask: To what extent does the law of hearsay and confrontation aspire to achieve the goal of truth in litigation? To what extent does it, or should it, seek to achieve other goals, or to satisfy other constraints on the litigation system? And, given the ends that it seeks to achieve, what should the shape of the law in this area be? My principal conclusions are as follows: In most settings, the …

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Articles

One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Articles

Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?

The Gift Of Language, Joseph Vining

Articles

Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …

Oil Consumption Measurements Of A Production Engine Using The Sulfur-Trace Method, Verlyn Royal Benson

Dissertations and Theses @ UNI

Controlling the oil consumption of diesel engines is important for customer satisfaction. Existing oil consumption measurement methods are adequate; however, improved methods offer the possibility of faster and more comprehensive results. The sulfur-trace method is an example.

Major objectives of this investigation were to adopt a sulfur-trace analyzer for oil consumption measurements, to improve the oil consumption measurement process, and to demonstrate application of the sulfur-trace instrument to individual cylinder sampling. To achieve these objectives, four research questions were applied:

1. What procedures and attention to detail are required?
2. How can results be reported to maximize data interpretation?
3. How do the …

Our Administrative System Of Criminal Justice, Gerard E. Lynch

Faculty Scholarship

Bill Tendy was already a legend among federal prosecutors when I first served as an Assistant United States Attorney for the Southern District of New York in the early 1980s. To us youngsters, Bill even then seemed a survivor from another era, when prosecutors really did resemble the tough-talking Hollywood DAs played by actors like Brian Donleavy – while we felt more like insecure young lawyers who should be played by Michael J. Fox or Calista Flockhart.

Partly, of course, this was just a function of age and experience; hard as it was to imagine, there must have been a …

A Program Evaluation Of An Elementary Science Teacher Preparation Program, Lisa Renee Krapfl

Dissertations and Theses @ UNI

The purpose of this qualitative study was to listen to teachers who have graduated from a specialized science minor program at the University of Northern Iowa and learn what their current experiences could share with the current undergraduate program. The nine participants who were interviewed were all graduates of this program. They were chosen by the researcher out of a larger group of PEMST graduates with respect to gender, year graduated, and science specialist versus generalist teaching positions. Each semi-structured interview was transcribed to print and later analyzed for common trends in the data. The results of the study showed …

A Descriptive Study Of Non-Accredited Athletic Training Programs, Donald Lee Bishop

Dissertations and Theses @ UNI

The purpose of the study was to describe the current status of non-accredited athletic training programs at four-year colleges and universities in relation to receiving future accreditation by the Commission on Accreditation of Allied Health Education Programs (CAAHEP).

Since it was first organized, the National Athletic Trainers' Association, Inc. (NATA) has continually sought to elevate the standards of its members. There were no certification or education requirements for athletic trainers until 1970. These requirements, once very broad and open-ended, have since been refined and delimited to ensure the highest quality for athletic trainers. The NATA has once again raised their …

Piezoelectric Biomechanical Assessment Of Swallowing Across Ages And Swallowing Task, Janel Elizabeth Crow

Dissertations and Theses @ UNI

Even though the Modified Barium Swallow (l\1BS) is the gold standard for the evaluation of swallowing disorders, the MBS has several limitations ( e.g., invasiveness, cost and portability). Noninvasive tools to measure swallowing ability at low cost and with low risk to the patient are desirable. Recently, thin film, piezoelectric technology (Computerized Laryngeal Analyzer: CLA) has become available which allows for noninvasive biomechanical analysis of swallowing. Noninvasive biomechanical measurement of swallowing is possible due to the close correlation of hyolaryngeal movement, airway protection and upper esophageal sphincter (UES) opening (Jacob, Kahrilas, Logemann, Shah, & Ha, 1989). The vertical and anterior …

The War At Home: Prisoner Of War Camps In Iowa During World War Ii, Julie K. Heintz

Dissertations and Theses @ UNI

Two base camps, along with their branch camps, located in the state of Iowa will provide the focus for this study. The camps in Iowa, located near the towns of Algona and Clarinda, provide an example of two camps that met or exceeded the criteria set by the Geneva Convention of 1929. The creation and administration of the camps raises three questions which constitute the body of this thesis. The first deals with the founding, administration and operation of the camps. Secondly, the study investigates the daily life of the camp inmates. Finally the third question examines how townspeople and …

Bioremediation Of Soil Contaminated With Explosives, Catherine A. Axtell

Dissertations and Theses @ UNI

Bioremediation of contaminated soil and water has been the topic of considerable research interest. White rot fungi have recently been proposed for use in biodegradation of explosives. The explosives, TNT, RDX and HMX are integral components of the manufacture of munitions. The wastes from the production of these and other explosives have been discharged into the surrounding environment resulting in contamination. Phanerochaete chrysosporium and strain F600, a proprietary white rot fungus developed by Mycotech Corporation, were studied with regard to their ability to degrade TNT, HMX and RDX in liquid cultures and in soil. Laboratory studies demonstrated that P. chrysosporium …

Antley‐Bixler Syndrome: A Case Report And Discussion, Scott Lebard, Lisa Thiemann

College of Nursing Faculty Research and Publications

Antley-Bixler Syndrome (ABS) is an autosomal recessive trait disorder characterized by multiple bone and cartilaginous abnormalities. Primary features include significant craniosynostosis, midface hypoplasia with choanal stenosis or atresia, femoral bowing, radiohumeral synostosis, and multiple joint contractures. Cardiac, renal, and gastrointestinal malformations have also been described. This report describes the management of a four-month-old male who underwent cranial vault remodeling to relieve craniosynostosis and discusses the potential concerns of the anaesthetist during care of children with Antley-Bixler Syndrome.

The Relationship Between Coping Strategies And Body Image Among Adolescent Females, Lisa Monae Yarrow

Dissertations and Theses @ UNI

The purpose of this study was to investigate the relationship between coping strategies and body image disturbance among adolescent females. Fifty-eight of 78 (74.4%) seventh grade female students at a midwestern middle school completed all phases of the research.

The Eating Attitudes Test (EAT-26; Gamer & Garfinkel, 1979) identified subjects with maladaptive eating behaviors. The Coping Inventory for Stressful Situations (CISS; Endler & Parker, 1990) and the Body Shape Questionnaire (BSQ; Cooper, Taylor, Cooper, & Fairburn, 1987) provided information concerning the type of coping strategies employed as well as feelings concerning appearance.

Pearson product-moment correlation was used to determine the …

Cancer Prevention Behavior In Traditional College-Age Individuals, Michelle Renee Hartwig

Dissertations and Theses @ UNI

The purpose of this study was to describe cancer prevention behaviors practiced by traditional college-age individuals enrolled at a four year university. Specifically, the study was designed to determine what primary and secondary prevention behaviors the students were practicing and if there was a difference in prevention behaviors between males and females. Demographic information collected was limited to sex of the participant. The behavioral categories examined included tobacco use, early detection practices, alcohol use, nutrition, physical activity, ultraviolet radiation exposure, and sexual behavior. The distribution of the 210 respondents was almost equal with 102 males and 108 females participating. The …

The Predictive Effectiveness Of Previous Offensive Play Selections On Future Play Selections In College Football, Ross Michael Els

Dissertations and Theses @ UNI

The popularity of college football is indisputable. In 1987, over 350 million people attended NCAA football contests which pushed the three year attendance figure from 1985 to 1987 to over one billion. Because of this popularity, however, intense pressure to win has been placed on players, coaches and administrators. To confound the problem, offenses have grown in complexity since the early years of college football. To assist teams in preparing for upcoming opponents, coaching staffs view films of the opponent's previous games. The coaches gather information from the films and develop tendencies in hopes that the upcoming opponent will repeat …

Corporate Executive Perspective Of Worksite Health Promotion Programs, Barbara E. Gay

Dissertations and Theses @ UNI

Health promotion programs at the workplace are increasing in popularity for both large and small businesses across the United States. The workplace has been recognized as a favorable setting for health promotion programs because it provides a captive audience for promoting health. The workplace also provides the employee with an opportunity for support in making healthy lifestyle changes. Numerous studies have documented that worksite health promotion programs will improve employee health and morale, increase productivity, and decrease absenteeism. Comparing the cost to the benefits is often the basis for making business decisions, including the decision to implement a health promotion …