Digital Commons Network^™

Severity Of Pain Associated With The Administration Of Propofol In Same Day Surgery Patients, Benjamin B. Evenson

Theses and Dissertations

No abstract provided.

Equity And Efficacy In Washington State's Gma Affordable Housing Goal, Henry Mcgee

Faculty Articles

This essay considers the basis for the Washington State's Growth Management Act’s (GMA) affordable housing goal, considers the relationship between its achievement and the reduction of urban sprawl. It also links the GMA's goal of an equitable distribution of housing resources to a fundamental social aspiration described by the United States Congress as a "decent home and living environment for all Americans." Indeed, it will be argued that the economic disparity and inequity directly linked to urban sprawl-both a cause as well as an effect-are locked ineluctably to a pathological social process in which they feed upon each other. Continued …

Acer 1999-2000 Annual Report, Australian Council For Educational Research (Acer)

ACER Annual Reports

No abstract provided.

The Effects Of Iso 9000 Registration Efforts On Total Quality Management Practices And Business Performance, S. Bruce Han

Open Access Dissertations

No abstract provided.

The Effects Of Small-Scale Turbulence On The Physiology Of Marine Dinoflagellates, James Michael Sullivan

Open Access Dissertations

No abstract provided.

Staff Support Of Parents In The Pediatric Intensive Care Unit: What Are We Doing And Is It What Parents Want, Lori Kay Myren-Manbeck

Open Access Dissertations

No abstract provided.

Health Promoting Behaviors In Women With And Without Sexual Assault Histories, Jennifer Parsons Read

Open Access Dissertations

No abstract provided.

Dyspnea As A Perceptual-Interpretive Response Process: A Qualitative Inductive Study Of The Concept In Patients With Chronic Obstructive Pulmonary Disease, Dawn Marie Delaurentis Schultz

Open Access Dissertations

No abstract provided.

A.E., Inc. V. Summit County Commission; Summit County Board Of Equalization : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Running The Caucus-Race: Prevailing Parties And Fee Shifting Under Erisa, Da-Wai Hu

University of Chicago Law Review

No abstract provided.

Web-Enabled Information And Referral Services: A Framework For Analysis, Mary Helen Fagan

Management Faculty Publications and Presentations

Information & Referral (I&R) services help people obtain relevant and accurate information to meet specific needs. The provision of traditional I&R services by skilled specialists is being augmented by web-enabled I&R services, raising a number of issues and opportunities. First, this paper analyzes the literature on I&R services in order to understand key issues and common practices in the development of I&R services. Then a framework is presented that explores two key dimensions of I&R services: the communities of interest and communities of place that they serve. This I&R community analysis framework is illustrated with a number of mini-case studies, …

Sovereign Immunity, Due Process, And The Alden Trilogy, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

In Alden v. Maine, the Court held that the principle of sovereign immunity protects states from being sued without their consent in their own courts by private parties seeking damages for the states' violation of federal law. The Court thus rejected the "forum allocation" interpretation of the Eleventh Amendment, under which the Amendment serves merely to channel suits against the states based on federal law into the state courts, which are required by the Supremacy Clause to entertain such suits. The Court held instead that the Eleventh Amendment protects the states from being subjected to private damage liability by …

Foreword To Amicus Brief On The Status Of Palestinian Refugees Under International Refugee Law, Guy Goodwin-Gill, Susan M. Akram

Faculty Scholarship

Palestinian refugees have a status that is unique under international refugee law. Unlike any other group or category of refugees in the world, Palestinians are singled out for exceptional treatment in the major international legal instruments which govern the rights and obligations of states towards refugees: the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol; the Statute of the United Nations High Commissioner for Refugees; and, specifically with regard to the Palestinians, the Regulations governing the mandate of the United Nations Relief and Works Agency for Palestinian Refugees in the Near East. Almost all states …

Symposium: Advances In Biomaterials And Devices, And Their Financing, Ronald A. Cass, Michael S. Baram, Steven Bauer, Joyce Wong, Martin Yarmush, Joshua Tolkoff, Rufus King

Faculty Scholarship

My name is Professor Michael Baram and I direct the Center for Law and Technology here at the law school. Today's meeting is the third annual Technology Law Symposium to be held here, sponsored by the high technology law firm of Testa, Hurwitz & Thibeault, LLP and the Center for Law and Technology.

Our meeting today is focused on an exciting area of research and product development. This area involves the use of conventional as well as new genetically engineered biomaterials in new medical device configurations for implantation and with the purpose of restoring bodily functions, regenerating tissue, bone, cartilage, …

Are Payments To A Hospital For Services Provided Medicare Beneficiaries "Benefits" Under The Federal-Program Bribery Statute?, Richard W. Garnett

Journal Articles

From the Issue

In Fischer, the Supreme Court will resolve a split in the circuits over the question whether a health-care "organization" that receives payments through the Medicare Program in exchange for health-care services provided to individual beneficiaries thereby "receives ... benefits" within the meaning of Section 666(b). If the answer is "yes," then bribes involving the business of such an organization - more precisely, bribes concerning a transaction of the organization worth at least $5,000 - are federal crimes.

What O'Clock I Say: Juridical Epistemics And The Magisterium Of The Church, Robert E. Rodes

Journal Articles

Legal pronouncements to the effect that such and such is the case can be divided into three categories, which the paper calls normative, constitutive, and epistemic. The paper defines these three legal categories, explores examples of each of in the law of the state, and then examines church pronouncements under the same categories to see what light the analogy of secular law can shed on them. The Church's assertions of authority regarding faith and morals are epistemic in nature. Epistemic pronouncements by authority, whether in Church or state, are binding on anyone who is not better informed than the author, …

Does The Constitution Permit Federal Prosecution For The Arson Of A Private Residence?, Richard W. Garnett

Journal Articles

From the Issue

The federal arson statute, 18 U.S.C. § 844(i), makes it a crime to "maliciously damage[I ... by means of fire or an explosive, any building ... used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce[.]" The question in Jones is whether this statute and Congress' enumerated powers permit the "federalization" of the arson of a private residence. See Joint Appendix ("J.A.") 45. More particularly, is a private residence "used" in an "activity affecting interstate commerce," within the meaning of the statute, when it, for example, receives natural gas from out-of- state …

Notes From The Ultrasound| A Survey Of Prenatal Testing In Montana, Benjamin J. Shors

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

That Bitter Spring, Erin V. Cunningham

Dissertations and Theses

The purpose of writing this novel was to see if I could write something longer than fifteen pages. It is a melodrama. It is a romance. It is a gothic horror that I never intended to create, but then one never intends to end up with their own Frankenstein, do they?

The story is set in a small town in North Carolina in the summer of 1941. It is the same as every tired plot; boy meets girl, boy loses girl, but this time girl decides that life is better off without him anyway.

Images and the concept of time …

Women, Wilderness, And Everyday Life: A Documentation Of The Connection Between Wilderness Recreation And Women's Everyday Lives, William T. Borrie, Sarah L. Pohl, Michael E. Patterson

Society and Conservation Faculty Publications

Past research provides evidence that outdoor recreation can aid in our deconstruction of gender and gender stereotyping (Henderson, Bialeschki, Shaw, & Freysinger, 1996). Outcomes from recreational experiences can transfer into other realms of daily life, resulting in a heightened sense of empowerment and social change for women (Henderson, 1996). Scarce, however, are conceptual frameworks for understanding how and why meaningful changes take place when women experience the outdoors. In examining the connection between wilderness recreation and social change for women, data were collected from twenty-four qualitative interviews with women who recreate in wilderness. Analysis indicated wilderness recreation can influence women's …

Factors That Limit Compliance With Low-Impact Recommendations, James A. Harding, William T. Borrie, David N. Cole

Society and Conservation Faculty Publications

Despite widespread efforts to minimize resource impacts, a number of remote areas continue to suffer from poor backcountry practices. Research to evaluate the effectiveness of low-impact communication strategies as they relate to recall of messages (Cole and others 1997) measured whether or not recreationists were aware of appropriate behavior given certain scenarios; it did not measure actual compliance. Partially in response to the results of that study, it has been hypothesized that a lack of information is not necessarily the only limiting factor in complying with specific low-impact recommendations. We propose a four-stage model of factors that might help to …

City Of Las Vegas Sidewalk Maintenance And Repair: Who Is Responsible?, Daphnee Legarza

UNLV Theses, Dissertations, Professional Papers, and Capstones

The City of Las Vegas (CLV) has recently adopted several new plans and elements requiring the creation of more pedestrian friendly and cluster development communities. The City of Las Vegas’ 2020 Master Plan requires pedestrian friendly neighborhoods in newly developing areas by stating, “The importance of creating neighborhoods that are walkable and sustainable and which foster a sense of community must be key elements of our newly developing areas”. (CLV Master Plan 2020, October 2000, p. 47) Also, in neighborhood revitalization areas the City requires “That new commercial development be designed in a walkable and non-vehicular friendly manner, providing shelter …

Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg

Articles

As public and private sector initiatives race to complete the sequence of the human genome, patent issues have played a prominent role in speculations about the significance of this achievement. How much of the genome will be subject to the control of patent holders, and what will this mean for future research and the development of products for the improvement of human health? Is a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claims to the genome on behalf of the many sequential innovators who elucidate its sequence …

Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger

St. Mary's Law Journal

The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …

Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley

St. Mary's Law Journal

Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …

International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger, Shelby R. Quast

Case Western Reserve Journal of International Law

No abstract provided.

The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, J.H. Reichman

Case Western Reserve Journal of International Law

No abstract provided.

Intellectual Property Rights And Economic Development, Keith E. Maskus

Case Western Reserve Journal of International Law

No abstract provided.

In Through The Side Door: Analyzing In Re Anikwata Under U.S. Asylum Law And The Torture Convention, James A. Lazarus

Case Western Reserve Journal of International Law

No abstract provided.

Cynthia Millen's The Right To Privacy In The United States And Ireland, Robert P. Lawry

Case Western Reserve Journal of International Law

No abstract provided.