Digital Commons Network^™

Standing At The Edge Of A New Millennium: Ending A Decade Of Erosion Of The Citizen Suit Provision Of The Clean Water Act, Emily A. Berger

Maryland Law Review

No abstract provided.

Adverse Drug Reactions: Harnessing Experiential Data To Promote Patient Welfare, Barbara A. Noah

Faculty Scholarship

Part I of this Article evaluates the pre-approval and post-approval regulatory framework governing prescription drugs, and the FDA's spontaneous reporting system for adverse events, as it contrasts that system with the regulatory mechanisms used to monitor risks associated with other products. Part II summarizes the recent series of prescription drug marketing withdrawals prompted by reports of unexpected adverse reactions. Finally, Part III offers some possible solutions designed to improve the efficiency of postapproval surveillance so that fewer patients will suffer the consequences of unexpected adverse drug reactions and interactions. This Article concludes that the existing regulatory system requires fundamental reprioritization …

Fantasy, Trauma, And Gothic Daughters: Frankenstein As Therapy, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

On The Edge Of The Envelope. A Case Study Of The Children's Initiative: An Inquiry Into Collaboration And Shared Vision, Laurie Coskey Edd

Dissertations

While there are many collaborative efforts throughout the country, few have the breadth or the scope of the San Diego Children's Initiative. The general purpose of this research study was to analyze and develop an interpretive case study describing the initial collaborative process of the Strategic Action Committee of the San Diego Children's Initiative. The study focused on the initial phase of the collaboration which took place from November of 1993 through April of 1995. This study sought to determine some factors that may influence the potential success of a large-scale, multi-sector, private-public collaborative effort. The research analyzed the success …

A Cross-Case Study Of Teacher Perceptions Of Program Design And Teaching Efficacy: The Seaview Reading Support Program, Susan L. Bowers Smith Edd

Dissertations

Teachers at Seaview Elementary School developed an innovative reading support program delivered by classroom teachers to increase the achievement of children who struggled to read literature in the district's core curriculum. Although studies of the program's impact on student achievement indicated that many of the children who received services in the classroom were able to fluently read grade level materials and improve their scores on standardized tests, issues created by the additional burden of this instruction on some teachers prevented the integration of the program into other grade levels and schools in the Seaview School District and Seaview Elementary School. …

Cultural Values And Happiness, Timothy B. Smith

Faculty Publications

Csikszentmihalyi (1999) has reminded us that social scientists cannot shrink from challenging the validity of our most cherished values, including the fundamental nature of happiness. He cites research affirming that material wealth does not correlate with happiness and then presents data correlating happiness with the experience of flow. However, in making this leap Csikszentmihalyi confuses correlation with causation. Because losing oneself in a project, relationship, or dream is followed by a very positive condition does not mean that the experience itself caused happiness. It is equally likely that losing one self is the causative factor. In looking at his data …

Consultants' And Lawyers' Duties To Report Contamination, Michael B. Gerrard

Faculty Scholarship

A recent decision by the New York State Department of Environmental Conservation (DEC) expands the duty of environmental consultants to report contamination on their clients' land. The rationale of the decision might also apply to lawyers and to states beyond New York.

Many federal, state and municipal laws require spills of pollutants to be reported to the government. People have received criminal penalties, including jail time, as well as heavy civil fines, for violating some of these requirements. Almost all of these rules apply only to persons who own, operate, or are otherwise in charge of the polluting facility, or …

The Role Of Strategic Management Planning In Improving The Representation Of Clients: A Child Advocacy Example, Jane M. Spinak

Faculty Scholarship

This article will discuss my experience managing a legal organization representing children – the Juvenile Rights Division (JRD) that Schinitsky began thirty-eight years ago – by exploring the interactive role that organizational management plays in enhancing the quality of child client representation. Part I briefly examines two issues: the historic and systemic context of court-based practice within JRD and the way in which changes in child welfare law and policies since 1979 have affected the ability of lawyers to represent child clients through this court-based practice. Part II presents a model for restructuring organizational conventions and patterns in order to …

The Challenges Of Globally Accessible Process, Peter L. Strauss

Faculty Scholarship

This chapter embraces the strategic use of the Internet for achieving new forms of transparency and participation in the regulatory cooperation process. It explores ‘the challenges of globally accessible process’ through the use of new information technologies. It holds that the incorporation of these technologies in agency processes at the US federal level has created possibilities for the most transparent, participatory, and broadly deliberative regulatory system in the world to become still more so. The Internet promises not merely to expand access to information about the substance and process of regulation, but also to ‘move the government closer to the …

Newsnotes

Vincentian Studies

No abstract provided.

Saint Vincent And Islam, Yves Danjou C.M., Joyce Howard D.C.

Vincentian Studies

Vincent de Paul took a great interest in Islamic countries; indeed, the Congregation’s first foreign mission was to Constantinople in the Ottoman Empire. He was especially concerned with missions to North African countries and continued them despite considerable obstacles. While conversions of Muslims were desirable, they were to be made discreetly, and the confreres’ main priorities were to minister spiritually and corporally to Christian slaves. If Muslims were to be converted, he believed that they would be won over by deeds and love rather than by force or arguments. Yves Danjou explains how Vincent respected Muslims, especially considering the era. …

Ethnic Representation In A Sample Of The Literature Of Applied Psychology, Leslie Case, Timothy B. Smith

Faculty Publications

A number of authors have raised concerns over the external validity of psychological research. This study examined the extent to which empirical articles include human participants from diverse ethnic backgrounds. Articles published over a 5-year period in 14 selected journals representing 3 applied subdisciplines of psychology were examined. Of the 2,536 articles coded, only 61% indicated the ethnicity of the participants. For those articles, the ethnic compositions approximated U.S. Census estimates, with the exception of an over representation of African Americans and an under representation of Hispanic Americans. The results imply that although the field is apparently adequately recruiting English …

National Endowment For The Arts V. Finley: Sinking Deeper Into The Abyss Of The Supreme Court's Unintelligible Modern Unconstitutional Conditions Doctrine, Harold B. Walther

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

The Victim's Rights Amendment: A Prosecutor's, And Surprisingly, A Defense Attorney's Support In Sentencing, Steven I. Platt, Jeannie Pittillo Kauffman

Maryland Law Review

No abstract provided.

Explaining Market Mechanisms, Thomas W. Merrill

Faculty Scholarship

In recent years, environmental regulation has seen a debate between supporters of traditional command-and-control regulation – a system of uniform pollution control standards – and proponents of a system of fees or permits for individual polluters known as market mechanisms. In this article, Professor Merrill considers two theories, wealth-maximization theory and distributional theory, that have been used to explain the emergence of market mechanisms in American environmental policy. He notes that (1) relatively few American environmental-enforcement programs have adopted market mechanisms; (2) those that exist overwhelmingly use grandfathered transferable permits instead of pollution taxes or auctioned permits; and (3) they …

William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy

Faculty Scholarship

This is the edited text of a panel discussion held as part of the legal ethics curriculum at Duquesne University Law School on October 24, 1999. The speakers have had the opportunity to update and correct this text; therefore, this printed version may deviate slightly from what was presented.

Proprietary Rights And Why Initial Allocations Matter, Clarisa Long

Faculty Scholarship

Initial allocations of proprietary rights matter because who starts out holding the rights helps determine who ends up holding the rights. In patent law, proprietary rights are granted to those who are first to invent. But entities who win the race to patent an invention are not necessarily the final, or best, or most efficient users of the technology. If proprietary rights, particularly patents on basic research results, could be traded efficiently so that downstream innovators could obtain them from initial rights holders easily, then initial allocations of proprietary rights would not matter so much. Transferring proprietary rights is costly, …

Recent Supreme Court Employment Law Developments, Olatunde C.A. Johnson, Douglas D. Scherer

Faculty Scholarship

This article discusses recent employment law developments at the United States Supreme Court. Employment law cases took center stage during the October 1997 and 1998 Terms of the Supreme Court and important employment law cases were pending, or have been decided, during the October 1999 Term. This article briefly surveys the Court's employment law cases during the October 1997 Term, focusing more extensively on the Court's employment law cases during the October 1998 Term, and then discusses two very important employment law cases before the Court during the October 1999 Term, involving the constitutionality of the Age Discrimination in Employment …

The Effects Of Symbol Organization Strategy On Syntactical Language Production In First Grade Children, Daniel Thomas Baier

Dissertations and Theses @ UNI

Augmentative and alternative communication (AAC) is the process in which a person's disordered speech is augmented or assisted with communication technology. This study investigated the effects of vocabulary organization using branching capabilities of a high technology device on sentence construction. Information about vocabulary organization strategies might be important for addressing the language and literacy deficits that were noted in previous research with AAC users. The study attempted to investigate whether or not vocabulary organization in a grammatical sequence across one page or multiple pages would improve non-AAC users abilities to retell a story using AAC technology. Six students participated in …

Denying Access To Legal Representation: The Attack On The Tulane Environmental Law Clinic, Robert R. Kuehn

Scholarship@WashULaw

When people require assistance to advance public interests, rather than private interests, the lack of legal representation is even more severe—less than .001% of lawyers in the legal profession are public interest lawyers. “Although recent data are unavailable, the best available estimates suggest that the number of full-time public interest lawyers is less than one attorney for every 240,000 Americans.” Citizens advancing issues of public concern often have no choice but to turn for free assistance from law school professors or one of the nation’s law school clinics.

Trends In The Supply And Demand For Environmental Lawyers, Michael B. Gerrard

Faculty Scholarship

The boom times for environmental lawyers were the late 1980s and the early 1990s. The June 1990 issue of Money magazine called environmental law a "fast-track career." Two or three years of experience with the U.S. Environmental Protection Agency (EPA), a state environmental agency, the environmental units of the Justice Department, or a state attorney general's office were a ticket to a high-paying job in the private sector. Law students were clamoring to enter the field and law firms were scrambling to find experienced environmental lawyers, or to recycle newly underemployed antitrust lawyers into this burgeoning field.

In Memoriam: Gary Bellow, Beatrice A. Moulton, Gerald E. Frug, John D. Hamilton Jr.

Faculty Scholarship

No abstract provided.

The Limits Of Privilege: The Developing Scope Of Federal Psychotherapist-Patient Privilege Law, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

Federal Income Taxation Of Investments By Nonprofit Organizations: Beyond A Primer, Stephen Schwarz

Faculty Scholarship

No abstract provided.

Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West

Faculty Scholarship

In Capital Appeals Revisited and The Meaning of Capital Appeals, Barry Latzer and James N.G. Cauthen argue that a study of capital appeals should focus only on overturned findings of guilt, and complain that in A Broken System we examine all overturned capital verdicts. But the question they want studied cannot provide an accurate evaluation of a system of capital punishment. By proposing to count only "conviction" error and not "sentence" error, Latzer and Cauthen ignore that if a death sentence is overturned, the case is no longer capital and the system of capital punishment has failed to achieve its …

Gang Loitering, The Court, And Some Realism About Police Patrol, Debra A. Livingston

Faculty Scholarship

When the Supreme Court voted to review the decision of the Illinois Supreme Court holding Chicago's "gang loitering" ordinance invalid on federal constitutional grounds, it seemed plausible that City of Chicago v Morales would be the occasion for a major statement from the Court on a set of complex issues – issues including not only the nature of the police officer's authority to maintain order in public places, but also the relative roles of politics and judicial decision making in delineating both the limits on this authority and the latitude left to police to employ discretion in its exercise. After …

Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

The legal treatment of capital punishment in the United States "rests squarely on the predicate that the penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. This predicate is among "the evolving standards of decency that mark the progress of a maturing society" and determine whether a punishment is "cruel and unusual" in violation of the Constitution. Because "'[f]rom the point of view of the defendant, [death] is different in both its severity …

Armstrong Academics Winter/Spring 2000, Armstrong Atlantic State University

Armstrong State University Collections: Armstrong Academics (Archived)

No abstract provided.

Debunking The Myth Of Employer Advantage From Using Mandatory Arbitration For Discrimination Claims, Michael Z. Green

Faculty Scholarship

As a matter of general practice, the use of mandatory arbitration as a dispute resolution mechanism for employment discrimination claims has failed to give employers an overall advantage. Instead, this Article will show that the use of mandatory arbitration to resolve statutory employment discrimination disputes presents a significant number of disadvantages for employers, especially large corporations that operate as repeat players in employment litigation.

First, despite purported cost benefits from using alternative dispute resolution ("ADR"), arbitration can be just as expensive as litigation if not more costly. Second, the reluctance of the Supreme Court to clarify the problems with mandatory …