Digital Commons Network^™

Utah's Medicial Malpractice Prelitigation Panel: Exploring State Constitutional Arguments Against A Nonbinding Inadmissible Procedure, Heather Brann

Utah Law Review

The Utah Health Care Malpractice Act is on shaky ground under the Utah Constitution. To begin, the Utah Open Courts Clause preserves an historic guarantee of access to the courts and remedy for harm to one's person. The Malpractice Act violates both these provisions. The panel proceeding, as a prerequisite to the court's exercise of jurisdiction, delays and may deny access altogether. Where parties proceed to trial, the panel necessarily impairs remedies available only through formal discovery. The Malpractice Act's damage restrictions abrogate damages that were available at common law for medical malpractice without providing a quid pro quo for …

Revival Of Jeffersonian Democracy Or Resurgence Of Western Anger? The Emergence Of Collaborative Decision Making, Sydney F. Cook

Utah Law Review

Standing on the rim of the San Rafel Swell, a visitor to southern Utah can see the contours of red sandstone open up across the horizon for almost sixty miles. The San Rafel Swell, a giant expanse of undeveloped land located at the gateway to canyon country in southern Utah, is at the center of the proposed San Rafel Swell National Heritage and Conservation Act ("the Act"). The Act outlines land management guidelines for an area of land in southern Utah that includes the San Rafel Swell as well as parts of Desolation and Labyrinth canyons. Supporters applaud the bill …

A Clash Between Commercial Speech And Individual Privacy: U.S. West V. Fcc, Andrew Dymek

Utah Law Review

In recent years, the public has become increasingly concerned over threats to privacy posed by the commercial use of personal data. In response, Congress has enacted, or is considering, legislation to protect sensitive transactional data in diverse commercial fields. However, because the use of customer data may lead to greater market shares and profits, companies have zealously advocated their countervailing interests. When lobbying fails to dilute privacy legislation, companies may increasingly rely on a relatively new weapon: the First Amendment commercial speech doctrine. In a "harbinger" of future clashes between privacy and commercial speech, a divided Tenth Circuit ruled in …

The Right To Genetic Privacy? Are We Unlocking The Secrets Of The Human Genome Only To Risk Insurance And Employment Discrimination?, Nathalie Smith

Utah Law Review

Imagine the following: you are a healthy middle-aged adult. Breast, ovarian, or prostate cancer runs in your family. Knowing of your potential increased susceptibility to these diseases, your physician recommends that you participate in an ongoing, local research project. As your physician explains, the research project, which encourages enrollment of high-risk individuals and their families, bases participation on those with family histories such as yours. Upon enrollment, the research project uses a DNA based genetic test to detect the mutated gene' that increases your likelihood of developing the tested-for disease by eighty percent. Your physician is careful to point out …

More Than Mere Majorities, Saul Levmore

Utah Law Review

Spontaneous law is less enamored with simple majorities than is much of formal law, at least in appellate courts, legislatures, the electoral college, and plebiscites, where simple majoritarianism is the common requirement for action. In contrast, young children who are asked to vote on a name for their athletic team are often observed entertaining numerous nominations and then raising their hands as each nomination is called out-with no apparent restriction on the number of times a given little hand may be raised. The winner is the option that attracts the most votes. Experienced adults are often startled when these young …

Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare "Reforms", April Land

Utah Law Review

According to the House Report that urged adoption of the Personal Responsibility and Work Opportunity Reconciliation Act, commenting on the predecessor to the current welfare system, the Report noted the "greatest tragedy of the welfare system is how it harms the Nation's children." Under the Personal Responsibility and Work Opportunity Reconciliation Act in support of which the Report was written, it is now anticipated that 1.3 million additional children will join the children already living in poverty in this country. There are more children in inadequate daycare and housing and more children are hungry. As the number of people finding …

Evaluation Of Haematococcus Pluvialis As A Natural Dietary Source Of The Carotenoid Astaxanthin For Rainbow Trout Flesh Pigmentation, Stephen Lagocki

School of Biological and Marine Sciences Theses

The efficacy of the lipid soluble carotenoid astaxanthin (biosynthesised as a secondary metabolite by the microalga Haematococcus pluvialis) as a source of pigment to enhance the aesthetic appeal of the flesh of farmed salmonid species has been investigated, using rainbow trout (Oncorhynchus mykiss) as a model. Accretion of astaxanthin within rainbow trout epaxial white muscle was primarily shown to be dependent on dietary inclusion and the type of diet used as a pigment carrier. Different dietary inclusion rates demonstrated a dose response. Cold pressed low oil and commercially extruded high oil diets containing similar astaxanthin concentration were tested, fish receiving …

Molecular Characterisation Of A Two-Component Regulatory System From Burkholderia Pseudomallei, Magdy Elsayed Mahfouz

School of Biological and Marine Sciences Theses

Studies were undertaken to clone and characterise a two-component regulatory system from a clinical isolate (204) of the human and animal pathogen Burkholderia pseudomallei. A number of genomic libraries were constructed in E. coli host-vector systems and screened for the presence of a two-component system using oligonucleotide probes based on nucleotide sequence homology. Fragments of genomic DNA were cloned and sequenced and found to possess two open reading frames (ORFs) that overlap with a single nucleotide and are believed to encode a novel two-component regulatory system. A possible promoter region was identified upstream of the two ORFs, mrgR and mrgS, …

Absorption And Utilisation Of Natural And Synthetic Astaxanthin Forms In Salmonid Nutrition, Daniel Allan White

School of Biological and Marine Sciences Theses

Consumer preference for commercially reared fish products that resemble their wild counterparts has resulted in the supplementation of pigments called carotenoids into aquafeeds to promote a pink-red colour in the flesh of salmonid fish. To date synthetic forms of these pigments have been commonly utilised to achieve this desired colouration, with the carotenoid astaxanthin being the regular choice for the feed manufacturer. However, increase in consumer demand for farmed fish products reared on natural feed additives has evoked an interest in natural sources of astaxanthin that could be successfully used to pigment salmonid fish efficiently. In the current study, the …

Molecular Characterisation Of Burkholderia Pseudomallei, Clare Davies

School of Biological and Marine Sciences Theses

A programme of research was carried out to attempt the molecular characterisation of the human and animal pathogen, Burkholderia pseudomallei, the causative agent of melioidosis and the newly described avirulent species, B.thailandensis for comparative purposes. Melioidosis is still little understood, and so the clinical approach to the prevention and control of melioidosis must ultimately rest upon the basic understanding of the causative organism, particularly the pathogenic properties of B.pseudomallei. A range of B.pseudomallei and B.thailandensis isolates were cultured and the extracellular products were isolated and concentrated and an initial study conducted to identify potential target molecules for cloning. Those isolates …

The Bioenergetics And Behaviour Of The Rainbow Trout (Oncorhynchus Mykiss) When Feeding On A Copper Contaminated Diet, Hamish Alistair Campbell

School of Biological and Marine Sciences Theses

The long-term effects of sub-lethal dietary Cu-exposure were investigated in relation to consequential energy shifts and resultant locomotory adaptation in 0. mykiss. This study represents the first to attempt to quantify the physiological cost of dietary heavy-metal exposure, the timing and extent of daily behavioural adaptation and resultant significance, in terms of ecologically important behaviours to the fish. Two long-term (2 & 3 months) dietary exposures of 730 mg Cu kgˉ¹ mg d.w. feed showed exposed fish to have a 3-fold increase in liver [Cu] and 10-fold increase in intestinal [Cu] compared to control fish. Consequently exposed fish elicited a …

Physiological And Biochemical Factors Affecting Carotenoid Utilization In Salmonid Fish, Gregory Ian Page

School of Biological and Marine Sciences Theses

Carotenoid utilization in rainbow trout (Oncorhynchus mykiss Walbaum) and Atlantic salmon (Salmo salar L.) has been investigated with respect to tissue distribution of carotenoids and the role of the liver on the bioavailability of the lipid soluble carotenoids, astaxanthin and canthaxanthin. Species-specific and tissue-specific accumulations were noted for astaxanthin and canthaxanthin in the rainbow trout and Atlantic salmon, possibly indicating fundamental differences in their utilization in these species. The liver and the kidney were revealed to be the major tissues involved in carotenoid metabolism in both rainbow trout and Atlantic salmon. Apparent digestibilities (-96% and -30% for rainbow trout and …

Charting The Spectrum Of Prohibited And Permitted Aid To Religion, Philip Manns

Utah Law Review

The Court's Free Exercise Clause decision in Smith and the Establishment Clause trilogy of Rosenberger, Agostini, and Mitchell underpin each Religion Clause with the twin principles of the prohibiting of targeting of religion (for burden or aid) and the permitting of equating religion with its analogous secular activity (for burden or aid). On the Free Exercise Clause side, if conduct is regulated when engaged in as a secular activity, it can be identically regulated even when engaged in as religious activity. On the Establishment Clause side, the symmetry is incomplete regarding aid to religious groups. If religion is provided aid …

Distrust And Discovery: The Impending Debacle In Discovery Of Rape Victims' Counseling Records In Utah, Tera Jckowski Peterson

Utah Law Review

This painful narrative may represent a dramatically commonplace monologue by a rape victim to a mental health therapist, expressing feelings of deep embarrassment, guilt, stigmatization by society, and even self-blame. In fact, rape victims' most common response to rape is the belief that they are somehow responsible for the attack. Therapists persuade rape victims to disclose this fear in order to help them heal from the psychological effects of the assault. Because of the intimate and deep damage sexual assault inflicts on its victims, "[e]ffective psychotherapy depends upon an atmosphere of confidence and trust in which the patient is willing …

Making Laws Moral: A Defense Of Substantive Canons Of Construction, Andrew C. Spiropoulos

Utah Law Review

Judges play a central, and difficult, role in our regime. The difficulty arises from our expectations for them. Judges, we demand, should both ensure that justice is done and be neutral arbiters of the laws enacted by the people. These two responsibilities are in constant tension, and it is all too easy for judges to emphasize one responsibility at the expense of the other. Judges should be neither mere minions of the legislature nor our Platonic Guardians. We do not need enlightened despots to impose justice upon us or to trick us into doing justice by pretending that they are …

The Right To Information Self-Determination, Edward J. Eberle

Utah Law Review

We have examined how the rise of the computer, and the accompanying information revolution it has triggered, can pose serious threats to human freedom. There is, accordingly, a need to safeguard the inviolability of personhood amidst this ongoing technological revolution. Determining how to respond to this challenge is a major test for the American legal system. At present, the legislative response has been inconsistent and episodic. No farreaching measures have been taken to address the needs of human security and freedom. The debate over what to do continues. Perhaps the specter of Big Brother will spur legislation more protective of …

Pengalaman Persaraan Atlet Elit Malaysia Dari Perspektif Psikologi, Annathurai Ranganathan

Student Works (2000-2009)

There has been lots of issues raised about athletes retirement in Malaysia but no research has been conducted on this matter yet. The aim of the study was to explore, determine and describe the experiences of retired Malaysian elite athletes as they faced the twilight of their sport careers and moved to a new and different stage in life. Terry Orlick's EARIS- Questionnaire was used to conduct in-depth interviews with 51 Malaysian elite athletes ( 34 males and 17 females) who had retired from competitive sports. They had all been medal winners or had competed in several international competitions such …

Alumni Newsletter - Issue No. 75, University Of Maine School Of Law

Maine Law Magazine

• Inside front Cover: tribute to David Gregory
• Dean’s Column
• Cumberland Legal Aid Clinic
• Around Campus
• Faculty News
• Alumni News

Religion And Spirituality In Counseling : A Multicultural Perspective, Linda G. Culbertson

Graduate Research Papers

As the counseling profession moves into the 21st Century a greater emphasis is being placed on multicultural and spiritual issues. It is difficult to see how the two entities can be separated. When counselors ignore that a client is Muslim, Jewish, Hindu, or Christian with the unspoken assumption that religion is irrelevant .to their issues, this may jeopardize the forming of an effective therapeutic relationship (Burke, et al., 1999). Knowledge of religion and spiritual beliefs of ethnic groups can help professionals provide care that is culturally specific and sensitive to the beliefs of the individual (Bibbins, 2000).

Parenting Styles In Society Today, Julie Hammond

Graduate Research Papers

This paper is a review of parenting styles relative to the importance of childrearing practices. Its primary focus is to identify and examine parenting styles, which impacts childrearing methods. The authoritarian, permissive, and authoritative methods were identified with strengths and weaknesses compared.

From the comparison, it was determined that the authoritative parenting style provides the most success for childrearing in today's changing American society. The conclusion of the paper offers guidelines and suggestions to parents on establishing this childrearing method.

Web-Based Portfolios In Higher Education, Marilyn Murphy

Graduate Research Papers

Portfolios offer an authentic means of assessment for higher education. The management of paper portfolios, however, is problematic,. Electronic portfolios solve many of the problems associated with paper portfolios and offer several added benefits. Making electronic portfolios accessible on the World Wide Web is advantageous for faculty, students, and employers. The problems associated with web-based portfolios are generally manageable.

An Integrated Technology Project In One Iowa Middle School, Beverly R. Nielsen

Graduate Research Papers

The purpose of this research was to determine whether implementing an integrated technology project at Columbus Middle School in the Columbus Community, Iowa School District would have any positive learning effects on the eighth grade students. Secondly, the research set out to determine if there are advantages to integrating technology into middle school curriculum. Finally, the purpose of the research was to find selection criteria for an integrated technology project for the middle grades. After selection and implementation, the project was evaluated through teacher observations and student self-evaluations. Both evaluations indicated that this integrated technology project had positive learning effects …

Biochemical Bone Markers In Prostate Cancer Patients With Local And Advanced Bone Metastates, Hülya Aksoy, Yilmaz Aksoy, Fati̇h Akçay, İsa Özbey

Turkish Journal of Medical Sciences

In the present study involving patients with bone metastases arising from prostate cancer, we measured urinary deoxypyridinoline (DPD) as a marker of collagen breakdown activity, serum total and bone-specific alkaline phosphatase activities and serum prostate specific antigen (PSA). This study included 20 patients with benign prostate hyperplasia (BPH) and 23 patients with carcinoma, 11 of had with bone metastases. DPD excretion in urine was significantly greater in prostate cancer patients with bone metastasis than in those with localised prostate cancer or BPH (p0.05). The serum markers of bone formation [total alkaline phosphatase (T-ALP) and bone ALP (B-ALP)] displayed higher mean …

Unusual Presentation Of A Chondromyxoid Fibroma Of The Temporal Bone, Asuman Ni̇han Haberal, Banu Bi̇lezi̇kçi̇, Mehmet Coşkun, Nur Altinörs, Beyhan Demi̇rhan

Turkish Journal of Medical Sciences

No abstract provided.

Diabetic Osteopathy: Who Is At Risk?, Serap Demi̇r, Ayşi̇n Öge, Selma Karaahmetoğlu, Osman Müftüoğlu, Seni̇ha Naldöken

Turkish Journal of Medical Sciences

This study was designed to determine the prevalence of osteopathy in diabetic patients, who are at risk of developing osteopathy, and clarify the relationship between osteopathy and other complications of diabetes mellitus. Thirty-four type I and 66 type II diabetic patients admitted to the endocrinology clinic between 1996 and 1997 and 30 nondiabetic subjects as a control group were studied. Bone scintigraphy (Tc 99m methylene diphosphonate) was used for the diagnosis of osteopathy. The body mass index (BMI) of each patient was calculated. Polyneuropathy was assessed by electromyography and the patients, for each of whom BMI was calculated, were asked …

The Hemodynamic Responses To Hypothermic And Normothermic Cardiopulmonary Bypass, Rahmi̇ Zeybek, Tayfun Adanir, İhsan İşkesen, Egemen Tüzün

Turkish Journal of Medical Sciences

This prospective randomized clinical study was designed to assess and compare the effects of normothermic and hypothermic nonpulsative cardiopulmonary bypass in patients with mitral valve replacement. Forty patients undergoing elective mitral valve replacement were randomly divided into two groups according to the temperature of perfusion. Group N (15 patients) underwent normothermic cardiopulmonary perfusion and Group H (25 patients) underwent hypothermic cardiopulmonary perfusion. These groups were compared using clinical and electrocardiographic criteria and cardiovascular evaluation parameters. Quantitative data were analyzed using the paired Student t test. While there was a significant increment in heart rate in Group N in relation to …

Effects Of Cigarette Smoking On Blood Antioxidant Status In Short-Term And Long-Term Smokers, Hüda Di̇ken, Mustafa Kelle, Cemi̇l Tümer, Basra Deni̇z, Yüksel Baylan, Abdurrahman Şermet

Turkish Journal of Medical Sciences

To determine the effects of cigarette smoking on blood antioxidant status and lipid peroxidation, 16 healthy male current smokers (CS) and 16 healthy male non-smokers (NS) serving as controls were studied. CS were divided into two groups: short-term smokers (STS) 35.4 ± 5.8 years of age (mean±SD), and long-term smokers (LTS) 60.9 ± 4.9 years of age. The average smoking period of STS and LTS were 8.1 ± 1.1 years (mean ±SD) and 20.5 ± 4.5 years (mean ± SD)respectively. STS and LTS had their own controls, who were NS (young NS and old NS respectively). When STS and LTS …

Effect Of Mg^{+2} Concentration In Mueller-Hinton Agar On The Susceptibility Of Pseudomonas Aeruginosa To Levofloxacin, Nezahat Akpolat, Tuncer Özeki̇nci̇, Selahatti̇n Atmaca

Turkish Journal of Medical Sciences

No abstract provided.

Beta Spectrometers With Surface Barrier Detector And Plastic Scintillator: Applications To ^{90}Sr,^{204}Tl,^{210}Pb And ^{14}C, Cüneyt Çeli̇ktaş

Turkish Journal of Physics

In this work, a comparison of responses between a spectrometer using Si Surface Barrier Detector (Si SBD) and a spectrometer using Plastic Scintillator (PS) is given. Experimental pulse height spectra of beta particles from ^{90}Sr,^{204}Tl,^{210}Pb and ^{14}C pure beta sources has been obtained separately. By comparing obtained spectra, the priority of obtaining the beta spectra among them is discussed. This work is related to the spectral response of beta spectrometers to pure beta sources.

The Effect Of Ration Supplemented With Zinc On Ecg In Broilers, Ali̇ Çinar, Nurcan Dönmez

Turkish Journal of Veterinary & Animal Sciences

This study was carried out to evaluate the effects of ration supplemented with zinc on the electrocardiograms of 60 broiler chicks. The chicks were divided into four groups,one control and three experimental groups (II,III,IV). Zinc was given to the experimental groups at doses of 125, 500, 1000 mk/kg respectively, in their ration for 60 days.The electrocardiogram recordings were performed on chicks on the 60 th day of the experiment. Leads I, II, III, aVR, aVL and aVF were recorded in the electrocardiographs of the chicks.All electrocardiograms exhibited P, R, S and T waves but P wave generally interfered with the …