Digital Commons Network^™

Corralling Kevorkian: Regulating Physician-Assisted Suicide In America, Steve Calandrillo

Articles

This article examines the evolution and history of the development of the right-to-die in America, the ethical considerations surrounding physician-assisted suicide (P.A.S.), and the dangers posed by the rise of managed care. I then explore and analyze efforts to legalize and regulate assisted suicide (Netherlands, Oregon, The Model State Act), and suggest the criteria I believe are essential to include in any P.A.S. regulatory scheme.

The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas

Articles

Conflicting standards among the federal circuits over the applicability of inherent powers in the transnational intellectual property context and the divided authority regarding the jurisdiction of U.S. federal courts over foreign intellectual property claims severely hamper the ability of federal district courts to use these tools in such a manner so as to prevent parties in transnational intellectual property suits from engaging in strategic behavior. This Comment seeks to reconcile these conflicts where possible and, where irreconcilable, to demonstrate that the text and history of federal statutes conferring subject matter jurisdiction on federal courts and placing limits on their issuance …

West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly

Articles

More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …

Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler

Articles

This Article considers how theories of medical negligence might be applied in the context of telemedicine and integrated delivery health plans. Part Two summarizes the history of telemedicine, its increasing breadth of application and opportunity and promise for the future. Part Three reviews traditional negligence principles and precedents and demonstrates how they might be applied when a telemedicine interaction results in negligence and harm to the patient. Part Four discusses evolving theories of shared liability applicable to health plans and managed care entities. Finally, Part Five demonstrates how shared liability theories will be applied to situations involving telemedicine technologies.

The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug

Articles

This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.

Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.

Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially …

Despatches From The Front: Recent Skirmishes Along The Frontiers Of Electronic Contracting Law, Jane Kaufman Winn, Michael Rhoades Pullen

Articles

This Article will provide a short overview of the current efforts in the United States and the European Union to reform contract law to accommodate recent innovations in electronic contracting. Whether changes are needed to current contract law doctrines governing contract formation, effectiveness of contract terms, choice of law and forum provisions, special protections for consumers, and signature and writing requirements, revisions in these areas have all proved controversial. Even in those areas where a consensus may be emerging on whether law reform may be appropriate in some form, consensus is often still lacking with regard to the specific legislation …

John Dewey, Art And Public Life, Mark Mattern

Political Science Faculty Articles and Research

This article explores, criticizes, and extends John Dewey's arguments about art in relation to public life in a democracy. Dewey believed that art is a potent form of communication through which community is developed and political action undertaken. Although correct, Dewey erased conflict, negotiation and contestation From art, and failed to address the crucial role of power in the world of art. Three distinct kinds of political action through art are developed: pragmatic, deliberative, and confrontational.

Policy And Science: A Review Essay Of Wilson's Consilience: The Unity Of Knowledge, Thomas Earl Geu

South Dakota Law Review

No abstract provided.

Dedication To The Honorable Robert A. Miller, South Dakota Law Review, Richard W. Sabers, Robert A. Amundson, John K. Konenkamp, David E. Gilbertson, Roger L. Wollman, David J. King

South Dakota Law Review

No abstract provided.

Revisiting The Stock Price Impact Of Quality Awards, Gregory L. Adams, Grant Mcqueen, Kristie Seawright

Faculty Publications

In an event study, Hendricks and Singhal [Hendricks KB, Singhal VR. Quality awards and the market value of the firm: an empirical investigation. Management Sci 1996;42:415±36.] find evidence that firms that win quality awards are further rewarded with a stock price increase on the day of the award announcement. We revisit Hendricks and Singhal (1996), extend their research and find four reasons why management, owners and analysts should be cautious about expecting an abnormal return when a firm wins a quality award. First, in our sample of Baldrige Award winners, the evidence of a stock price response on the announcement …

An Investigation Into The Implementation And Performance Of Spectrally Shaped Orthogonal Frequency Division Multiplex, David Lahiri Bhatoolaul

School of Engineering, Computing and Mathematics Theses

Orthogonal Frequency Division Multiplex (OFDM) is a flexible, robust multi-carrier modulation scheme. The orthogonal spectral shaping and spacing of OFDM sub-carriers ensure that their spectra can be over-lapped without leading to undesirable inter-carrier interference. Conventional OFDM systems have non-band limited Sinc(x) shaped subcarrier spectra. An alternative form of OFDM, referred to hereafter as Spectrally Shaped OFDM, employs band limited Nyquist shaped sub-carrier spectra. The research described in this thesis investigates the strengths and weaknesses of Spectrally Shaped OFDM as a potential modulation scheme for future mobile radio applications. From this research a novel Digital Signal Processing architecture for modulating and …

Integration Of Faith And Learning In Christian Higher Education : Professional Development Of Teachers And Classroom Implementation, Constance Chibuzo Nwosu

Dissertations

Problem. Few studies have focused on effective professional development programs that enhance faith-learning implementation in the Christian higher education classroom, and little has been documented about what integration of faith and learning actually looks or sounds like in Christian higher education classrooms.

Purpose. This study had four purposes:

1. To describe the training processes used for preparing teachers in Christian higher education for implementing EFL in the classroom.
2. To compare these methodologies with Jesus’ training methodologies and research-based professional development programs.
3. To understand how teachers in Christian higher education classrooms defined IFL.
4. To identify and document some exemplary practices of faith …

Critical Thinking In Associate Degree Nursing Education, Nancy Tucker

Dissertations

Problem. This study sought to investigate the level of critical thinking (CT) of the associate degree in nursing (ADN) students and the relationship of CT and clinical judgment (CJ) with selected pre-admission and exit variables.

Method. A convenience sample of 112 ADN students (79 generic, 33 non-traditional) at a small, private liberal arts college on the West Coast participated in this exploratory study. The California Critical Thinking Skills Test (CCTST) was used to measure the level of CT, and CJ was measured using the Clinical Decision Making in Nursing Scale (CDMNS). Differences between the generic and non-traditional groups were explored …

Web-Based Courses In Higher Education: Creating Active Learning Environments, Marilyn Ruth Eggers

Dissertations

Problem. As more and more adults seek to continue their education, alternate methods of course delivery Will be required to meet their needs. Web-based courses allow students to learn at times and places that are convenient for them. There is concern, however, about whether or not such courses can create effective, active learning experiences, and whether or not knowledge can be socially constructed in online interactions. In order for higher education to provide exemplary online courses, it is important to identify necessary elements and instructional strategies to create virtual learning environments. The goals of this study were to determine …

The Relationship Between Religious Beliefs, Moral Development, Self-Control, Peer Pressure, Self-Esteem, And Premarital Sex, Jacynth A. Fennell

Dissertations

Problem. The purpose of this study was to ascertain if there is any relationship between religious beliefs, moral development, self-control, peer pressure, self-esteem, and premarital sex, providing for a comprehensive framework for understanding this phenomenon.

Method. Subjects were 148 undergraduates attending three schools in different geographic regions within the United States. Subjects were primarily between 18 and 25 years old. A survey was completed by 148 students. Data-were analyzed using Analysis of Variance and Independent-Samples t test.

Results. Of the 148 students who participated in the study, 38% were Black, Hispanic, 38% were White, non-Hispanic, 10% were …

Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger

Reviews

In 1955, in its second decision in Brown v. Board of Education, the Supreme Court suggested that federal courts might be called upon to engage in long-term oversight of once-segregated schools. Through the 1960s, southern resistance pushed federal district and appellate judges to turn that possibility into a reality. The impact of this saga on litigation practice extended beyond school desegregation, and even beyond the struggle for African-American equality; through implementation of Brown, the nation’s litigants, lawyers, and judges grew accustomed both to issuance of permanent injunctions against state and local public institutions, and to extended court oversight of compliance. …

The Textual Relation Of The Peshitta Of Ezekiel 1-12 To Mt And To The Ancient Versions (Tg-J And Lxx), Joaquim Azevedo

Dissertations

Problem . The dilemma of the Syriac version is its mysterious provenance and the direct relationship it may have to the other versions (particularly G [Septuagint] and C^J [Targum Jonathan]). Thus some scholars have automatically discarded or ignored the Peshitta version as a useful tool (as a textual witness) for the study of the Hebrew text. The knowledge of textual problems, in this case the relationship of S [Peshitta Version] to the ancient versions, is of extreme importance in the analysis and study of the Hebrew Bible. The awareness of G [Septuagint], C^J [Targum Jonathan], and M [Masoretic …

Characterisation Of Cytokine Gene Polymorphisms In Patients With Acute Pancreatitis, Kevin Sargen

Peninsula Medical School Theses

Background and Aims Acute Pancreatitis is an inflammatory disorder of varied aetiology and outcome. Tumour necrosis factor (TNF) and interleukin-10 are important mediators of disease pathogenesis. To investigate if the TNF and IL-10 gene loci influence susceptibility to and severity of acute pancreatitis, 135 patients with acute pancreatitis, ethnically matched normal controls, and alcoholics without pancreatic disease were studied. Methods Aetiology was classified as being secondary to alcohol, gallstones, or idiopathic. Patients were stratified into groups according to disease severity by assigning an organ failure score. Three TNF microsatellite loci (TNFa, TNFb, and TNFc), the -308 polymorphism within the TNF …

The Deteriorating Ethnic Safety Net Among Arab Immigrants In Chicago, Louise Cainkar

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.

The Reflective Process In Nursing Clinicals Using Journaling And Dialogue, Rita Van Horn

Dissertations

Method. Two case studies describe the experiences of (1) 17 students who worked individually in the hospital clinical setting and who answered specific questions about problem solving in a written journal and (2) 20 students who were paired in the clinical setting and who answered the same questions together in a journal shared by the pair. In both case studies the experience was 9 weeks. The written journal questions were designed around a problem-solving process and thoughts and feelings about the clinical experience. A rubric adapted from Boud, Koegh, and Walker’s (1985) reflective model was used to analyze the journal …

Technology Partnership Curriculum Initiative: A Descriptive Case Study Of Its History, Development, And Implementation, Ingrid Wright-Jones

Dissertations

Problem

Curricular reform has a pathetic history. Curriculum documents, some of the major tools of reformers, have had a minor effect on transforming education because the power of pedagogy has been ignored (Cuban, 1993). Teachers in the Seventh-day Adventist (SDA) system voiced similar concerns about curriculum documents. Additionally, they felt that their 2-4-day in-service training did not adequately prepare them to implement curricular changes. This initiative, aimed at restructuring both the content and process of teaching, was to be implemented in a distance-learning pilot project in eight one-teacher schools.

Purpose

The purpose of this study was to: (1) define the …

How Seqra Cases Fared In 1998, Michael B. Gerrard

Faculty Scholarship

In the annals of the State Environmental Quality Review Act (SEQRA), 1998 should be remembered as the year when developers throughout New York State became frustrated with what they perceived as irrational requirements or excessive delays in the SEQRA process, went to court for redress, and almost uniformly lost. There were 18 attempts at such relief and one highly mixed success.

The Three-Legged Stool Of Corporate Governance Reform, Jayne W. Barnard

Popular Media

No abstract provided.

"Meet My Mentor": A Collection Of Personal Reminiscences, Frank G. Houdek, Edmund P. Edmonds

Journal Articles

Contributors describe the mentoring they received as law librarians. Individually the pieces offer fascinating glimpses of individuals and relationships. Collectively, they demonstrate how important - and how varied - the process of mentoring has been and continues to be for the growth and evolution of the profession.

Political Speech—Restrictions On Ballot-Initiative Petitions, Buckley V. American Constitutional Law Foundation, Mark L. Rienzi

Scholarly Articles

The Supreme Court has repeatedly noted that ballot and election regulations raise difficult questions about the interplay between the First Amendment's heightened protection for political speech, and states' need to regulate ballots and elections to ensure fair and orderly democracy. When making the delicate judgments between protecting political speech and allowing states to regulate elections, the Court has traditionally stated precisely which test it was employing to evaluate individual restrictions. Last Term, in Buckley v. American Constitutional Law Foundation, the Court invalidated several of Colorado's restrictions on the signature-gathering process for ballot initiative petitions. In so doing, the Court failed …

Introduction To The Symposium On Developments In Legal Externship Pedagogy, J.P. "Sandy" Ogilvy

Scholarly Articles

No abstract provided.

Judicial Decision-Making In The Age Of Biotechnology, George P. Smith Ii

Scholarly Articles

The major premise, minor premise, and conclusion of this Article are one and the same - for, they conduce to an acceptance of the fact that the social constructs and legal tools necessary for the modern judiciary to meet head-on and deal with the contentious issues of bioethics and biotechnology are already in place. To resolve problems arising from these potential quagmires, perhaps the major concern is for the courts to remain forever vigilant to the interlinking relationships or synergistic forces found in law, science, ethics, and medicine. Without vigilance and enhanced awareness of the dynamic and fluid situation here, …

An Empowering Approach To Crisis Intervention And Brief Treatment With Preschool Children, Katherine Tyson Mccrea

Social Work: School of Social Work Faculty Publications and Other Works

This paper presents an approach to crisis intervention and brief treatment for young children based on the new psychology, intrapsychic humanism. After presenting central theoretical principles, these principles are applied and treatment guidelines demonstrated in the treatment process of a three-year-old child named Paul. The research design for the case study is naturalistic, uses qualitative methods of data analysis, and draws from the heuristic paradigm (a postpositivist metatheory of social and behavioral research).

A View From The West: Perceptions Of U.S. Dialects From The Point Of View Of Oregon, Laura Hartley

Faculty Publications - Department of Sociology

No abstract provided.

Uniform Cpa Examination Content Specifications Update Study: Information Technology Knowledge Required By Cpas In Public Accounting, Patricia M. Muenzen, Sandra Greenberg, American Institute Of Certified Public Accountants. Board Of Examiners. Content Oversight Task Force

Examinations and Study

No abstract provided.