Digital Commons Network^™

The Limits Of Law At The Limits Of Life: Lessons From Cannibalism, Euthanasia, Abortion, And The Court-Ordered Killing Of One Conjoined Twin To Save The Other, George J. Annas

Faculty Scholarship

The subject is law at the beginning and end of life. Most of my work is in the area of general health law: law and medicine, public health law, and health and human rights. But this is my favorite subject area, and I expect you to ask me the hardest questions you can. I am not saying I can answer them, but if I cannot that is my fault, not yours. I am going to make a pretty broad argument today about law and medicine; specifically about how new medical technology and medical practice standards have eclipsed religion (and sometimes …

A Framework For The Rejuvenation Of The American Labor Movement, Michael C. Harper

Faculty Scholarship

No abstract provided.

Gender And Nonfinancial Matters In The Ali Principles Of The Law Of Family Dissolution, Katharine B. Silbaugh

Faculty Scholarship

The question for this issue is gender issues in the American Law Institute’s Principles of the Law of Family Dissolution. Overall, the Principles are an impressive effort to create clarity and coherence, given the disorganized and evolving state of family law. This commentary raises a few questions about the Principles’ treatment of nonfinancial issues, and suggests that this treatment should raise concerns about women’s interests upon divorce. First, I will briefly review the ALI’s position on nonfinancial matters. Second, I will discuss why the limitation to financial losses should matter to women; that is, I will investigate the costs of …

Making Clinical Trials Safer For Human Subjects, Michael S. Baram

Faculty Scholarship

Clinical trials, in which new biotech and other medical products are tested on human subjects, provide much of the data used by the FDA to determine whether the products are suitable for routine use in health care. Thus, the trials are of obvious importance to medical progress and improvement of public health, and to those who have career and financial interests at stake. But clinical trials are also important to the human subjects involved because the products being tested on them may remedy their illnesses, but may also pose risks since the products have usually not been previously tested on …

Of Theory And Practice, Tamar Frankel

Faculty Scholarship

Much has been written about theory and practice in the law, and the tension between practitioners and theorists. Judges do not cite theoretical articles often; they rarely "apply" theories to particular cases. These arguments are not revisited. Instead the Essay explores the working and interaction of theory and practice, practitioners and theorists.

The Essay starts with a story about solving a legal issue using our intellectual tools - theory, practice, and their progenies: experience and "gut." Next the Essay elaborates on the nature of theory, practice, experience and "gut." The third part of the Essay discusses theories that are helpful …

Rape, Murder, And Formalism: What Happens If We Define Mistake Of Law?, Gerald F. Leonard

Faculty Scholarship

The criminal law maxim "ignorance of the law is no excuse" represents a broad doctrine of strict liability in an area of law that usually insists on a culpable state of mind as a prerequisite for liability. For that reason, many scholars have attacked the harsh mistake-of-law rules as incompatible with basic principles of culpability. Other scholars have come to the defense of the maxim, and courts have adhered to it quite strongly even as the list of exceptions to the maxim has slowly grown. Oddly enough, however, this debate has proceeded without a definition of mistake of law. Distinguishing …

When Did The Constitution Become Law?, Gary S. Lawson, Guy Seidman

Faculty Scholarship

Conventional wisdom and Supreme Court doctrine hold that the federal Constitution became legally effective on March 4, 1789, when the first session of Congress began. This conclusion is wrong, or at least seriously incomplete. Evidence from the Constitution, its adoption, and contemporaneous understandings reflected in treaties, statutes, and state constitutions demonstrates that the Constitution did not have a single effective date. Instead, different parts of the Constitution took effect in stages, beginning on June 21, 1788, when New Hampshire became the ninth state to ratify the document, and continuing at least until April 30, 1789, when President Washington was sworn …

Why Courts Review Arbitral Awards, William W. Park

Faculty Scholarship

Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction. In some countries judges may also correct legal error or monitor an award's consistency with public policy.

Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral proceeding when asked to give an award res judicata effect by seizing assets or staying …

Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton

Articles

The United States Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. Some scholars have attacked the Court for overstepping its bounds, and others have criticized the Court on the ground that the federal/state balance should be maintained through the political process rather than judicial review. The most recent advocate of this position, Professor Larry Kramer, recently argued in the Columbia Law Review that the political party structure ensures that state interests are taken into account at the federal level, and therefore the Supreme …

"The Verdict" Is In: The Civic Implications Of Civil Trials, Richard H. Weisberg

Articles

The article argues that civil trials have become central to American civic imagination, reflecting broader societal values and conflicts. Despite current negative portrayals of plaintiffs' lawyers, the cultural narrative of the heroic lawyer fighting against powerful institutions persists, influenced by popular media and historical legal traditions.

A Response On Cardozo To Professors Kaufman And Schwarz, Richard H. Weisberg

Articles

The article responds to critiques of Benjamin Cardozo's jurisprudence by emphasizing his belief in the dual role of judicial subjectivity and adherence to legal precedent. Cardozo advocated for a balanced approach where judges use their "trained intuition" to seek justice, even when it requires departing from formal rules. The author argues that Cardozo's method is evident in numerous cases and stresses the importance of judicial craftsmanship and language in legal decisions.

The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk

Articles

The Full Faith and Credit Clause of the U.S. Constitution requires states to respect and recognize the legal decisions of other states, but its application is limited when it comes to judgments that attempt to control future behavior or infringe on a state's sovereignty. The article argues that while the clause ensures finality and uniformity, it does not obligate states to enforce sister-state injunctions or orders that dictate conduct beyond their borders. This distinction is particularly evident in cases involving family law, where states retain flexibility to modify or ignore prior judgments based on evolving circumstances, such as the best …

The Hobbesian Constitution: Governing Without Authority, Gary S. Lawson, Guy I. Seidman

Faculty Scholarship

One case in American legal history, perhaps more than any other, starkly presents in a single package many of the most fundamental issues of American structural constitutionalism: the principle of enumerated powers, the concept of limited government, and the place of the United States in a world of sovereign nations. It raises foundational questions about the powers of all major institutions of the national government and serves as an ideal acid test for differing conceptions of the Constitution-and indeed of the American nation-state. In terms of its theoretical scope and consequences, it is one of the most important cases ever …

Electroproduction Of The Λ(1520) Hyperon, M. Bektasoglu, G. E. Dodge, T. A. Forest, C. E. Hyde-Wright, S. E. Kuhn, R. A. Niyazov, L. B. Weinstein, Et Al., The Clas Collaboration

Physics Faculty Publications

The reaction e^→pe′K⁺Λ(1520) with Λ(1520)→p′K⁻ was studied at electron beam energies of 4.05, 4.25, and 4.46 GeV, using the CLAS detector at the Thomas Jefferson National Accelerator Facility. The cos θ_K+, φ_K+, Q², and W dependencies of Λ(1520) electroproduction are presented for the kinematic region 0.9 < Q² < 2.4 GeV² and 1.95 < W < 2.65 GeV. Also, the Q² dependence of the Λ(1520) decay angular distribution is presented for the first time. The cosθ_K+ angular distributions suggest t-channel diagrams dominate the production process. Fits to the Λ(1520) t-channel helicity frame decay angular distributions indicate the m …

Exclusive Electroproduction Of ᵠ Mesons At 4.2 Gev, M. Bektasoglu, L. Ciciani, G. E. Dodge, T. A. Forest, C. E. Hyde-Wright, S. E. Kuhn, L. M. Qin, F. Sabatié, L. B. Weinstein, Et Al., The Clas Collaboration

Physics Faculty Publications

We studied the exclusive reaction ep → e' p' ᵠ using the ᵠ →K⁺K^- decay mode. The data were collected using a 4.2 GeV incident electron beam and the CEBAF Large Acceptance Spectrometer (CLAS) at the Thomas Jefferson National Accelerator Facility. Our experiment covers the range in Q² from 0.7 to 2.2 GeV²and W from 2.0 to 2.6 GeV. Taken together with all previous data, we find a consistent picture of ᵠ production on the proton. Our measurement shows the expected decrease of the t slope with the vector-meson formation time c Δ t …

Cooley Innocence Project Kick-Off, Barry Scheck

Articles

The Innocence Project, through the use of DNA testing, has successfully exonerated numerous wrongfully convicted individuals, exposing systemic flaws in the criminal justice system. This has highlighted the need for legal reforms to address issues such as eyewitness misidentification, false confessions, and fraudulent forensic science, ultimately aiming to prevent future wrongful convictions.

Congressional Power To Require Dna Testing, Larry Yackle

Faculty Scholarship

Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy's idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.

Understanding And Implementing Gasb's New Financial Reporting Model : A Question And Answer Guide For Preparers And Auditors Of State And Local Government Financial Statements;, Venita M. Wood, Leslye Givarz

Guides, Handbooks and Manuals

No abstract provided.

Testing Poor Pregnant Women For Cocaine: Physicians As Police Investigators, George J. Annas

Faculty Scholarship

In 1989, Supreme Court Justice Thurgood Marshall surmised that “declaring a war on illegal drugs is good public policy . . . [but] the first, and worst, casualty of war will be the precious liberties of our citizens.” The same year, in the midst of President George Bush's “war on drugs,” the Medical University of South Carolina initiated a program to screen selected pregnant patients for cocaine and to provide positive test results to the police. At a time of high public concern about “cocaine babies,” this program seemed reasonable to the university and local public officials. Drug-screening programs in …

Conjoined Twins: The Limits Of Law At The Limits Of Life, George J. Annas

Faculty Scholarship

Conjoined twins have been the subject of scientific exhibits, medical study, human curiosity, and even entertainment, but until the year 2000, conjoined twins had never been the subject of a courtroom battle. A unique case that was the subject of two British court decisions deserves study.1 The case illustrates the difficulty of applying legal principles to unprecedented life-and-death decisions involving proposed medical interventions for children — particularly when parents and physicians disagree about what should be done.

“Partial-Birth Abortion” And The Supreme Court, George J. Annas

Faculty Scholarship

Aortion has long been, and remains, the most politicized medical procedure in the United States. It has been the subject of more state and federal legislation than all other medical procedures combined. The U.S. Supreme Court, which almost never hears cases about medical procedures, has regularly heard cases over the past 25 years concerning the constitutionality of various state laws designed to limit abortion. Thus, it was only a matter of time before the Court would hear a case on the constitutionality of laws restricting so-called partial-birth abortion. When the Court heard a challenge to Nebraska's law, statutes relating to …

Psychological Mechanisms Underlying Individual Knowledge And Contribution In Learning Organizations, Bin Zhao, Hwee Hoon Tan

Research Collection Lee Kong Chian School Of Business

Although much has been written about how to set up learning organizations, there is a paucity of research on understanding employees’ willingness to learn or contribute knowledge in such activities, a key element in the success of organizational learning. This paper presents models for understanding individuals’ willingness to learn and individuals’ willingness to contribute in organizational settings. Through the examination of the psychological mechanisms underlying individuals’ willingness to learn and to contribute, we will further our understanding on the individual and contextual factors that affect employees’ decision to learn and contribute in organizational learning activities. Drawing from the literature, we …

Spanish Epenthesis: Formal And Preformance Perspectives, David Eddington

Faculty Publications

Epenthesis of /e/ before sC- clusters in Spanish is documented word-initially (e.g., eJfera) as well as in word-internal contexts (e.g., subestimar). Cases of alternating epenthesis also exist (e.g., arteriosclerosis I arterioeclerosis). Epe nthesis is examined in the formal frameworks of lexical phonology and optimality theory. Both formal analyses are able to account for the majority of the data presented, however, each requires some arguably ad hoc manipulation in order to do so. From a performance standpoint, it is argued that epenthesis plays no role in the processing of native Spanish words. The appearance of epenthesis in loan words (e.g., stress …

Surface Analogy And Spelling Rules In English Vowel Alterations, David Eddington

Faculty Publications

Previous psycholinguistic research into the English vocalic system suggest that the vowel alternations [ei-re, ii-£, ai-1, ow- a, u"-A], termed SPELLING RULE ALTERNATIONS, are psychologically significant for English speakers, in that they can influence the pronunciation of unfamiliar words. In this paper, the influence of these salient alternations on nonce words and neologisms is assessed. The effect of su1face analogy on the pronunciation of novel words is also examined. Surface analogy may be defined as the influence exerted by the fu lly specified surface forms of the morphemic relatives of a word. It assumes that all allomorphs of a given …

A Usage-Based Simulation Of Spanish S-Weakening, David Eddington

Faculty Publications

The pronunciation of Spanish /s/ as an aspirate [h] (or its deletion) is studied in a usagebased simulation that assumes that prior linguistic experiences are stored as memory traces, and that these stored experiences, instead of generalizations abstracted from them, are the source of the knowledge speakers have of their language. This exploratory simulation was carried out using the algorithm of Analogical Modeling of Language (Skousen 1989, 1992).

Teaching Effectiveness In An Introductory High School Honors Physics Course As Measured By The Force Concept Inventory, April Crawford Moore

Dissertations and Theses @ UNI

Of importance to many teachers is that students emerge from a course of study with an acceptable level of comprehension of the subject matter presented and that students' course grades reflect that understanding. The primary question of this research was, "How effective in promoting comprehension of Newtonian concepts is this teacher's use of selected interactive strategies?" Secondary questions were: 1. What modifications to instruction, if any, have to be made for implementation of interactive-engagement strategies? 2. Following instruction in mechanics, which misconceptions probed by the Force Concept Inventory (FCI) are retained by students, and which misconceptions are corrected? 3. How …

Formative Assessment In University Of Northern Iowa Specialized Writing Center Outreach: Articulating Practices And Speaking A Common Language, Caran Amber Crawford

Dissertations and Theses @ UNI

College writing centers are individualized places, which often causes miscommunication of the ideas and purposes centers uphold. However, if centers articulate the use of formative assessment strategies in tutoring writing, they would help alleviate miscommunications and strengthen the way writing centers explain their work in literature and practice; centers can also use formative assessment tools to evaluate their practices. This study identifies formative assessment strategies by means of observing writer/tutor roles, interactions, and outcomes in University of Northern Iowa (UNI) Writing Center practices in one-on-one tutorials for Pre-Professional Skills Test (PPST) writers and in the Spring 2000 PPST Workshop. The …

A Comparative Clinical And Histopathological Examination Of Hemangioma And Chronic Inflammatory Enlargement Of Gingiva, Umur Sakallioğlu, Gökhan Açikgöz, Tuğrul Kirtiloğlu, Musa Aldikaçti

Turkish Journal of Medical Sciences

Chronic inflammatory gingival enlargement (CIGE) occasionally exhibits some similarities with hemangioma (Hm) by means of the clinical and histopathological features of gingiva. When compared with hemangioma, CIGE is more frequently encountered by the dental profession. However, Hm is rarely seen on gingiva and it has a non-inflammatory nature and mostly congenital origin. The present paper reports the clinic and histopathologic features of CIGE and Hm of gingiva in patients referred to our clinic suffering primarily from gingival overgrowth. Twenty-one patients were diagnosed as having CIGE (in a 4-month period) and 10 patients were diagnosed as having Hm (in a 12-month …

A Rare Cause Of Upper Gastrointestinal System Bleeding: Pancreatic Endocrine Neoplasm, Oral Saygun, Fati̇h Mehmet Avşar, İ. Hakan Özel, Süleyman Hengi̇rmen, Levent Albayrak, Sema Hücümenoğlu

Turkish Journal of Medical Sciences

No abstract provided.

Measurement Of Open Beauty Production In Photoproduction At Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Levi, A. Margotti, T. Massam, R. Nania, F. Palmonari

Faculty Publications

The production and semi-leptonic decay of heavy quarks have been studied in the photoproduction process e+p → e+ + dijet + e- + X with the ZEUS detector at HERA using an integrated luminosity of 38.5 pb-1. Events with photon-proton centre-of-mass energies, Wγp, between 134 and 269 GeV and a photon virtuality, Q2, less than 1 GeV2 were selected requiring at least two jets of transverse energy Ejet1(2)T > 7(6) GeV and an electron in the final state. The electrons were identified by employing the ionisation energy loss measurement. The contribution of beauty quarks was determined using the transverse momentum of …