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2000

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The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal Jan 2000

The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal

UC Law SF Journal on Gender and Justice

No abstract provided.

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U.S. Dietary Supplement Regulation: Belief Systems And Legal Rules, Michael H. Cohen Jan 2000

U.S. Dietary Supplement Regulation: Belief Systems And Legal Rules, Michael H. Cohen

UC Law SF Journal on Gender and Justice

This article explores dietary supplement regulation and the belief systems and legal rules that shape it. Part I discusses the key provisions of the federal Dietary Supplement Health and Education Act (DSHEA). Part II examines how DSHEA, philosophically, represents a compromise between extreme medical paternalism (the orthodox view that the FDA should dictate consumer access to dietary supplements) and radical patient autonomy (the liberal view that patients should have unlimited consumer access to dietary supplements). Part II frames the debate in terms of regulatory proposal, policy, values, and belief system. Strong controls in regulation (FDA's paternalistic viewpoint) and weak controls …

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Clara Shortridge Foltz: Angel And Revolutionary, Deborah H. King Jan 2000

Clara Shortridge Foltz: Angel And Revolutionary, Deborah H. King

UC Law SF Journal on Gender and Justice

Clara Shortridge Foltz has been described in many different ways. "Lady lawyer," "massive egotist" and "representative heroine" are just a few of the labels she has worn. This note attempts to find yet another label for Foltz by exploring her culture and the roles she chose to play within that culture. When Foltz is viewed in the context of her time it becomes apparent that her proper label lies somewhere between lady lawyer and feminist. She was a complex woman with varied responses to the Victorian notions that men and women occupied different spheres, which is referred to as separate …

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Persecution On Account Of Gender: A Need For Refugee Law Reform, Bret Thiele Jan 2000

Persecution On Account Of Gender: A Need For Refugee Law Reform, Bret Thiele

UC Law SF Journal on Gender and Justice

Reacting to the horrors committed during World War II and the subsequent mass migration of individuals across State boundaries, the international community in 1951 agreed to a definition of refugee. This definition is still in use internationally and reflected in U.S. domestic law. This article illustrates how the current definition of refugee is limited and therefore inadequate to protect millions of persons, namely those persecuted or facing persecution on account of gender. Likewise, recent developments in refugee law do not sufficiently provide protection to individuals facing gender-specific forms of persecution. This article argues for the addition of a gender category …

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Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller Jan 2000

Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller

UC Law SF Journal on Gender and Justice

The Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services declared that abused children in the legal custody of the state (but residing with their natural parent) have no private cause of action against the state for substantive due process violations. Since the decision, many courts have attempted to circumvent DeShaney by using a "state-created danger theory," by which a state may be liable, under negligence principles, for removing a child from foster care and returning him/her to a parent, despite clear indications that future abuse will occur. This note examines the application of the state-created danger …

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All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby Jan 2000

All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby

UC Law SF Journal on Gender and Justice

This article examines some of the issues surrounding attempts to increase the participation of women in formal political structures. Although prominent on the international agenda, only Scandinavia comes close to a true gender balance. Within an international political and legal context, this article examines the remarkable improvement in female representation which has occurred in Scotland since 1997. Scotland is an ideal case study with recent elections to the Local Councils, the Scottish Parliament, the national Westminster Parliament and the European Parliament. In some instances, different techniques of affirmative action or reverse discrimination were employed. Each of these elections will be …

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Reed Thornock V. Daniel D. Christensen : Brief In Opposition To Certiorari, Utah Supreme Court Jan 2000

Reed Thornock V. Daniel D. Christensen : Brief In Opposition To Certiorari, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal of the Decision of the Honorable Timothy Hanson Third Judicial District Court Salt Lake County, Utah

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State Of Utah V. Philip Earl Hollen : Brief Of Appellant, Utah Supreme Court Jan 2000

State Of Utah V. Philip Earl Hollen : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a judgment of conviction for two counts of aggravated robbery, a first degree felony, in violation of Utah Code Annotated section 76-6-302 (1999), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable J. Dennis Frederick, Judge, presiding.

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Wood V. University Of Utah Medical : Brief Of Appellee, Utah Supreme Court Jan 2000

Wood V. University Of Utah Medical : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

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Walter L. Laak V. Mable Laak : Brief Of Respondent, Utah Supreme Court Jan 2000

Walter L. Laak V. Mable Laak : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Respondent's Brief

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A Citizen Of Fine Spirit, Douglas R. Heidenreich Jan 2000

A Citizen Of Fine Spirit, Douglas R. Heidenreich

Faculty Scholarship

William T. Francis was (1869-1929), by most measures, the most successful of the early African American alumni of William Mitchell College of Law's predecessor law schools. Francis was a skilled lawyer, an adroit politician, a popular orator, a vigorous crusader for human and civil rights, and a respected U.S. diplomat.

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Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla Jan 2000

Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla

University of Richmond Law Review

In this symposium issue Robert Nagel, Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky explore the intersection of privacy and freedom of the press. In his fascinating inquiry into privacy and celebrity in modern American life, Robert Nagel demonstrates the connection between the American public's strong commitment to privacy and its simultaneous passion for robust protection of freedom of speech. Among his most important insights is the exposure of "pseudo-intimacy" as a principal currency of contemporary celebrity status. Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky all investigate the legal principles that ought to surround aggressive and surreptitious newsgathering techniques, each in …

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Against Constitutional Law (Populist Or Otherwise), Michael Mandel Jan 2000

Against Constitutional Law (Populist Or Otherwise), Michael Mandel

University of Richmond Law Review

Mark Tushnet has written a great critique of constitutional judicial review. With his sure grasp of the scholarship, his commit- ment to the issues and the real people behind them, and his methodical, flawless reasoning, he has effectively blasted the theoretical foundations of judicial constitutional law to smithereens. As such, he has made a valuable contribution to legal scholarship that will remain so for a long time to come.

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Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore Jan 2000

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore

University of Richmond Law Review

During the past year, this country has devoted much attention, with good reason, to the Microsoft trial and appeal. Not since the breakup of Ma Bell's stronghold on the telecommunications industry in the early 1980s has a single legal battle posed so significant a change for both an industry and its consumers. In fact, given the far-reaching effects of this decision on other related industries and consumers, it likely will be years before its ultimate impact can be assessed.

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Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday Jan 2000

Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday

University of Richmond Law Review

During the past year, the Commonwealth of Virginia has experienced numerous developments in health law on all three major legal fronts-legislative, judicial, and administrative law. These developments have covered a range of health law topics, including everything from revisions to the public certificate of need process for health care facilities and the regulation of body-piercing of minors on the legislative front, to key decisions regarding the scope of the Virginia Birth-Related Neurological Injury Compensation Act and the Health Care Decisions Act on the judicial front, to action on the regulatory front regarding independent external appeals ofhealth plan denials and hospice …

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Annual Survey Of Virginia Law: Insurance Law, Terrence L. Graves, J. Douglas Cuthbertson Jan 2000

Annual Survey Of Virginia Law: Insurance Law, Terrence L. Graves, J. Douglas Cuthbertson

University of Richmond Law Review

This article reviews the changes in Virginia insurance law that have occurred in the past two years. Most of the developments have been in motor vehicle liability and uninsured/underinsured motorist ("VM/UIM") coverage. But the article also surveys cases on bad faith, fire insurance, insurance regulation, life insurance, motor vehicle medical expense insurance, and waiver and estoppel.

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Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez Jan 2000

Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez

University of Richmond Law Review

This article surveys judicial and legislative developments in Virginia property law since the last Survey article on this topic was published, with primary emphasis on developments from June 1, 1998 to June 1, 2000. Although there were interesting developments in several areas of property law, the most important developments arose in the Supreme Court of Virginia's decisions involving covenants, servitudes, and easements. A significant portion of this article will explain and analyze those decisions.

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Bringing Structure To The Law Of Injunctions Against Expression, Christina E. Wells Jan 2000

Bringing Structure To The Law Of Injunctions Against Expression, Christina E. Wells

Case Western Reserve Law Review

No abstract provided.

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Frank J. Battisti Memorial Lecture: School Reform: Past, Present, And Future, Diane Ravitch Jan 2000

Frank J. Battisti Memorial Lecture: School Reform: Past, Present, And Future, Diane Ravitch

Case Western Reserve Law Review

No abstract provided.

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Substantial Equivalence: A Valid International Sanitary And Phytosanitary Risk Assessment Objective For Genetically Modified Foods, David L. Devernoe Jan 2000

Substantial Equivalence: A Valid International Sanitary And Phytosanitary Risk Assessment Objective For Genetically Modified Foods, David L. Devernoe

Case Western Reserve Law Review

No abstract provided.

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Curfew Laws, Freedom Of Movement, And The Rights Of Juveniles, Benjamin C. Sasse Jan 2000

Curfew Laws, Freedom Of Movement, And The Rights Of Juveniles, Benjamin C. Sasse

Case Western Reserve Law Review

No abstract provided.

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Essay: Between Intimates And Between Nations: Can Law Stop The Violence ?, Martha Minow Jan 2000

Essay: Between Intimates And Between Nations: Can Law Stop The Violence ?, Martha Minow

Case Western Reserve Law Review

No abstract provided.

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Global Change And Biodiversity Linkages Across The Sediment-Water Interface, C. R. Smith, M. C. Austen, G. Boucher, C. Heip, P. A. Hutchings, G. M. King, I. Koike, P. J.D. Lambshead, P. Snelgrove Jan 2000

Global Change And Biodiversity Linkages Across The Sediment-Water Interface, C. R. Smith, M. C. Austen, G. Boucher, C. Heip, P. A. Hutchings, G. M. King, I. Koike, P. J.D. Lambshead, P. Snelgrove

Faculty Publications

No abstract provided.

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Cd8+ Cytotoxic T Lymphocyte Responses To Lytic Proteins Of Human Herpes Virus 8 In Human Immunodeficiency Virus Type 1-Infected And -Uninfected Individuals, Qiong J. Wang, Frank J. Jenkins, Lisa P. Jacobson, Yuan Xiang Meng, Philip E. Pellett, Lawrence A. Kingsley, Konstantin G. Kousoulas, Abolghasem Baghian, Charles R. Rinaldo Jan 2000

Cd8+ Cytotoxic T Lymphocyte Responses To Lytic Proteins Of Human Herpes Virus 8 In Human Immunodeficiency Virus Type 1-Infected And -Uninfected Individuals, Qiong J. Wang, Frank J. Jenkins, Lisa P. Jacobson, Yuan Xiang Meng, Philip E. Pellett, Lawrence A. Kingsley, Konstantin G. Kousoulas, Abolghasem Baghian, Charles R. Rinaldo

Faculty Publications

T cell immunity to lytic proteins of herpesviruses is important in host control of infection. We have characterized the cytotoxic T lymphocyte (CTL) response to 5 human herpesvirus 8 (HHV-8) homologues of lytic proteins in HHV-8-seropositive individuals. HLA class I-restricted, CD8+ CTL responses to ≥1 HHV-8 lytic protein were detected in all 14 HHV-8-seropositive study subjects tested, with or without human immunodeficiency virus type 1 (HIV-1) infection, but not in any of 5 HHV-8-seronegative individuals. Seven of these study subjects with both HHV-8 and HIV-1 infection had greater anti-CTL reactivity to glycoprotein H (open-reading frame 22) than did the 7 …

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Safety Of Brucella Abortus Strain Rb51 In Bull Elk, Walter E. Cook, Elizabeth S. Williams, E. Tom Thorne, Terry J. Kreeger, Glenn W. Stout, Gerhardt Schurig, Lesley A. Colby, Fred Enright, Philip H. Elzer Jan 2000

Safety Of Brucella Abortus Strain Rb51 In Bull Elk, Walter E. Cook, Elizabeth S. Williams, E. Tom Thorne, Terry J. Kreeger, Glenn W. Stout, Gerhardt Schurig, Lesley A. Colby, Fred Enright, Philip H. Elzer

Faculty Publications

Some of the elk (Cervus elaphus nelsoni) of the Greater Yellowstone Area (Wyoming, Idaho, Montana; USA) are infected with Brucella abortus, the bacterium that causes bovine brucellosis. Brucella abortus strain RB51 vaccine is being considered as a means to control B. abortus induced abortions in cow elk. However, the most probable vaccination strategies for use in free-ranging elk might also result in some bull elk being inoculated, thus, it is important to insure that the vaccine is safe in these animals. In the winter of 1995, 10 free-ranging bull elk calves were captured, tested for B. abortus antibodies, and intramuscularly …

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Coronavirus And Pasteurella Infections In Bovine Shipping Fever Pneumonia And Evans' Criteria For Causation, J. Storz, X. Lin, C. W. Purdy, V. N. Chouljenko, K. G. Kousoulas, F. M. Enright, W. C. Gilmore, R. E. Briggs, R. W. Loan Jan 2000

Coronavirus And Pasteurella Infections In Bovine Shipping Fever Pneumonia And Evans' Criteria For Causation, J. Storz, X. Lin, C. W. Purdy, V. N. Chouljenko, K. G. Kousoulas, F. M. Enright, W. C. Gilmore, R. E. Briggs, R. W. Loan

Faculty Publications

Respiratory tract infections with viruses and Pasteurella spp. were determined sequentially among 26 cattle that died during two severe epizootics of shipping fever pneumonia. Nasal swab and serum samples were collected prior to onset of the epizootics, during disease progression, and after death, when necropsies were performed and lung samples were collected. Eighteen normal control cattle also were sampled at the beginning of the epizootics as well as at weekly intervals for 4 weeks. Respiratory bovine coronaviruses (RBCV) were isolated from nasal secretions of 21 and 25 cattle before and after transport. Two and 17 cattle nasally shed Pasteurella spp. …

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Safety Of Brucella Abortus Strain Rb51 In Bull Elk, Walter E. Cook, Elizabeth S. Williams, E. Tom Thorne, Terry J. Kreeger, Glenn W. Stout, Gerhardt Schurig, Lesley A. Colby, Fred Enright, Philip H. Elzer Jan 2000

Safety Of Brucella Abortus Strain Rb51 In Bull Elk, Walter E. Cook, Elizabeth S. Williams, E. Tom Thorne, Terry J. Kreeger, Glenn W. Stout, Gerhardt Schurig, Lesley A. Colby, Fred Enright, Philip H. Elzer

Faculty Publications

Some of the elk (Cervus elaphus nelsoni) of the Greater Yellowstone Area (Wyoming, Idaho, Montana; USA) are infected with Brucella abortus, the bacterium that causes bovine brucellosis. Brucella abortus strain RB51 vaccine is being considered as a means to control B. abortus induced abortions in cow elk. However, the most probable vaccination strategies for use in free-ranging elk might also result in some bull elk being inoculated, thus, it is important to insure that the vaccine is safe in these animals. In the winter of 1995, 10 free-ranging bull elk calves were captured, tested for B. abortus antibodies, and intramuscularly …

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Safety And Efficacy Of Brucella Abortus Strain Rb51 Vaccine In Captive Pregnant Elk, Terry J. Kreeger, Michael W. Miller, Margaret A. Wild, Philip H. Elzer, Steven C. Olsen Jan 2000

Safety And Efficacy Of Brucella Abortus Strain Rb51 Vaccine In Captive Pregnant Elk, Terry J. Kreeger, Michael W. Miller, Margaret A. Wild, Philip H. Elzer, Steven C. Olsen

Faculty Publications

Brucella abortus strain RB51 is a laboratory-derived rough mutant of virulent B. abortus strain 2308 used as a vaccine because it induces antibodies that do not react on standard brucellosis serologic tests. Strain RB51 vaccine was evaluated in pregnant captive elk (Cervus elaphus) to determine (1) if it induced abortion and (2) if it protected against abortion following subsequent challenge. The time period of this study (February-June, 1998) was similar to field conditions where elk are vaccinated and possibly exposed to B. abortus. Fourteen elk were randomly and equally divided into vaccinated and control groups. The vaccinated group was vaccinated …

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The Distribution Of Human Genetic Diversity: A Comparison Of Mitochondrial, Autosomal, And Y-Chromosome Data, Lynn B. Jorde, W. S. Watkins, M. J. Bamshad, M. E. Dixon, C. E. Ricker, M. T. Seielstad, M. A. Batzer Jan 2000

The Distribution Of Human Genetic Diversity: A Comparison Of Mitochondrial, Autosomal, And Y-Chromosome Data, Lynn B. Jorde, W. S. Watkins, M. J. Bamshad, M. E. Dixon, C. E. Ricker, M. T. Seielstad, M. A. Batzer

Faculty Publications

We report a comparison of worldwide genetic variation among 255 individuals by using autosomal, mitochondrial, and Y-chromosome polymorphisms. Variation is assessed by use of 30 autosomal restriction-site polymorphisms (RSPs), 60 autosomal short-tandem-repeat polymorphisms (STRPs), 13 Alu-insertion polymorphisms and one LINE-1 element, 611 bp of mitochondrial control-region sequence, and 10 Y-chromosome polymorphisms. Analysis of these data reveals substantial congruity among this diverse array of genetic systems. With the exception of the autosomal RSPs, in which an ascertainment bias exists, all systems show greater gene diversity in Africans than in either Europeans or Asians. Africans also have the largest total number of …

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Validation Of The Fluorescence Polarization Assay And Comparison To Other Serological Assays For The Detection Of Serum Antibodies To Brucella Abortus In Bison, D. Gall, K. Nielsen, L. Forbes, D. Davis, P. Elzer, S. Olsen, S. Balsevicius, L. Kelly, P. Smith, S. Tan, D. Joly Jan 2000

Validation Of The Fluorescence Polarization Assay And Comparison To Other Serological Assays For The Detection Of Serum Antibodies To Brucella Abortus In Bison, D. Gall, K. Nielsen, L. Forbes, D. Davis, P. Elzer, S. Olsen, S. Balsevicius, L. Kelly, P. Smith, S. Tan, D. Joly

Faculty Publications

A number of serological tests were compared for the detection of antibodies to Brucella abortus in bison (Bison bison). The performance of the fluorescence polarization assay (FPA) in both the preliminary evaluation and a subsequent blind validation indicated that this test was the most suitable for serological diagnosis of brucellosis in bison. The sensitivity and specificity in the preliminary evaluation were 92.1% and 99.4%, respectively. The sensitivity and specificity in a subsequent blind study were 96.3% and 97.6%, respectively. In a double blind study conducted on bison vaccinated with B. abortus strain 19, the data suggests that the FPA can …

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