Digital Commons Network^™

Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein

University of Michigan Journal of Law Reform

This Article examines the difficulties involved in translating the social model of disability into the idiom of constitutional law. The immediate focus is University of Alabama v. Garrett. Both parts of this Article consider how disability rights claims collide with a discourse of legitimacy in constitutional law. Part I focuses on the arguments presented in several major Briefs filed in support of Garrett. Constitutional doctrines are conceived as paring tools and it is shown how the Court used these doctrines to easily pare down the body of evidence Garrett's lawyers sought to claim as relevant in justifying the ADA …

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

University of Michigan Journal of Law Reform

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

The Death Of Section 504, Ruth Colker

University of Michigan Journal of Law Reform

This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however, …

Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr

University of Michigan Journal of Law Reform

Comparing the law and policies of other countries concerning disability rights to ours can help us understand how we may strengthen those rights and heighten compliance with nondiscrimination laws. Since it took effect in 1992, the Americans with Disabilities Act (ADA) has been a leading example of such comprehensive legislation on behalf of people with disabilities. Along with the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities, the ADA has inspired many countries to develop their own disability nondiscrimination laws and remedial agencies. This process must work in both directions, however, and laws and agencies from …

Bargaining In The Shadow Of Administrative Procedure: The Public Interest In Rulemaking Settlement, Jim Rossi

Duke Law Journal

No abstract provided.

From Product Dispensing To Patient Care: The Role Of The Pharmacist In Providing Pharmaceutical Care As Part Of An Integrated Disease Management Approach, Laura T. Pizzi, Jean M. Menz, Geneen R. Graber, Dong-Churl Suh

College of Population Health Faculty Papers

During the past decade, the profession of pharmacy has changed dramatically. The Doctor of Pharmacy degree has replaced the Bachelor of Science degree as the first professional degree offered at most accredited U.S. pharmacy schools. Advanced clinical training is now a mainstay of pharmacy training, and this has enabled pharmacists to contribute to disease management efforts. In addition, technological improvements in prescription processing have afforded pharmacists more time to participate in disease management activities. This paper describes how the role of the pharmacist has changed and reviews the results of programs involving pharmacists as disease management providers in the areas …

Word Order And Information Structure In Russian Syntax, Elena V. Rodionova

Theses and Dissertations

This thesis attempts to explain variability of word order in Russian declarative sentences. I argued that Russian word order is not "free" but encodes different types of focus: predicate, sentence, and narrow. Chapter 1 of this thesis critiques several theories of grammar that attribute alternative word orders in Russian primarily to differences in style. Chapter 2 discusses the advantages of Lambrecht's information structure theory and Role and Reference Grammar as a theoretical framework for my research. Chapter 3 presents the empirical core of the paper, a detailed revision of Krylova and Khavronina's (1986) classification of Russian word order types into …

Pain State As A Mediator In The Psychological And Behavioral Assessment Of Migraine And Tension Headache Sufferers, Jennifer L. Sippel

Theses and Dissertations

While research has suggested there is a possibility that headache assessment tools may be affected by the pain state of the individual, only one study to date has examined pain-state differences in assessment results for individuals diagnosed with a headache disorder. Holroyd, France, Nash & Hursey (1993) showed that most differences between headache sufferers and control groups on psychological symptom reports were an artifact of pain state. The present study examined the influence of headache pain state on self-reported psychological and behavioral variables. Undergraduate male and female subjects between the ages of 18 and 30 were selected based on their …

Facilitation And Competition On Gradients In Alpine Plant Communities, Philippe Choler, Richard Michalet, Ragan M. Callaway

Biological Sciences Faculty Publications

We conducted a neighbor removal experiment in natural alpine plant communities of the southwestern Alps to test for the relative importance of competitive and facilitative interactions along elevational and topographical gradients. The experimental sites were chosen to encompass most of the floristic diversity observed along gradients of elevation and topography, which are the two main ecological gradients associated with alpine plant communities in the western Alps. The effects of neighbor removal on the survival, aboveground biomass, and reproduction of five target species were tested at each of six experimental sites. Using biomass data, we calculated relative competitive index (RCI) and …

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert

Articles

There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …

The Isolation Of America: The Ideological And Poetic Purpose Of Misrepresentation, Robert M. Shannon

Teatro: Revista de Estudios Escénicos / A Journal of Theater Studies

El presente artículo pretende explicar por qué el dramaturgo preeminente del Siglo de Oro, Lope de Vega, se refiere repetidas veces a una colonia imperial americana, el Brasil, como una isla en su comedia. El Brasil restituido. Se aclara que el aparente error geográfico se debe a la intervención del Conde Duque de Olivares en la comedia para señalar la postura política imperial en contra de la incursión extranjera en las colonias americanas y en contra de la mezcla de la sangre española con la de los indígenas de América y con los enemigos tradiciones de la fe católica, protestantes …

Ezra Pound's Comparative Poetics, Naikan Tao

CLCWeb: Comparative Literature and Culture

In his paper, "Ezra Pound's Comparative Poetics," Naikan Tao concentrates on Pound's theories regarding comparison and examines the significance of his comparative studies to the formulation of his poetics, an aspect that has not been sufficiently investigated. On the basis of Pound's work, Tao observes that the conception of comparison Pound shaped through his comparative studies is the internal principle that governs the presentation of details and particulars, the method Pound advocated as a reader-oriented approach to truth and as an efficient, self-reliant means to avoid others' generalization and discursive presentation. Pound's view of comparison as an epistemological norm -- …

Serving The Homeless: Evaluating The Effectiveness Of Homeless Shelter Services, Robert L. Fischer

Faculty Scholarship

The effects of homeless assistance services at the local level are tremendously difficult to ascertain. In this study, a four-month sample of homeless persons served by a local homeless shelter and case management program were contacted nine to eleven months after receiving services. The findings suggest that the program had some initial success in assisting the homeless clients to locate housing within the first year after leaving the shelter. However, the housing costs paid by these formerly homeless were quite high, with nearly three-quarters of them spending forty percent or more of their income on housing.

A Novel Neural Oscillator And Its Implementation In Analog Vlsi, Qiang Luo, John G. Harris

Electrical and Computer Engineering Faculty Research & Creative Works

This paper presents a novel neural oscillator model that is inspired by biological oscillation models and is easily implemented in subthreshold analog CMOS VLSI. The proposed model uses local coupling among neuron units. Synchrony and information propagation are demonstrated in chains and rings of the oscillators. © 2001 IEEE.

Interactions Among Environmental Drivers: Community Responses To Changing Nutrients And Dissolved Organic Carbon, Jennifer L. Klug, Kathryn L. Cottingham

Dartmouth Scholarship

Biological communities are frequently exposed to environmental changes that cause measurable responses in properties of the community (hereafter called environmental drivers). Predicting how communities respond to changing environmental drivers is a fundamental goal of ecology. Making predictions, however, can be very difficult, particularly when multiple environmental drivers change simultaneously and there are interactions among the drivers. We investigated the effects of the interaction between changes in nutrient loading and changes in colored dissolved organic matter (measured as dissolved organic carbon, DOC) on the dynamics of phytoplankton communities over a 7‐yr period. In 1991, Long Lake, a small seepage lake in …

Aimé Césaire And Gestures Toward The Universal, Gary Leising

CLCWeb: Comparative Literature and Culture

In his paper, "Aimé Césaire and Gestures toward the Universal," Gary Leising argues that Césaire's Notebook of a Return to the Native Land presents a speaker struggling with his own identity, torn between a double consciousness of his black African heritage and his French-European education. This dichotomy appears in the poem in terms of his perceptions of his ancestry as well as in symbols of the masculine and feminine in the surrounding landscape. For the speaker, the African appears as the "real" around him, while the European is an "absent presence," and he confronts the two at the poem's climax, …

From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander

Research Collection Yong Pung How School Of Law

In Australia today, ADR processes are recognised not only as a distinct system of dispute resolution, but also as a system that interacts interdependently with the legal system. This is most clearly demonstrated in the context of court-related mediation, which is increasingly seen as an effective way to increase access to, participation in, and satisfaction with the way legal disputes are resolved. Cappelletti categorises ADR as the third wave in the worldwide access-to-justice movement. ADR provides a different approach and a different sort of justice for solving disputes — what Cappelletti labels ‘co-existential justice’.

The Future Of Campaign Finance Reform Laws In The Courts And In Congress, Elizabeth Garrett

Public Law and Legal Theory Working Papers

No abstract provided.

The Attitudes And Behaviors Of Native American Patients With Diabetes And Their Relationship To Seeking Health Care, Madonna Azure

Theses and Dissertations

Diabetes Mellitus is a major health problem for Native Americans. There has been an increase in the prevalence rate of Type 2 diabetes among this population. The increase in Type 2 diabetes has been attributed to major lifestyle changes such as decreased physical activity and a diet high in fats. The number of diagnosed patients with diabetes has almost doubled over a ten-year period on the Fort Berthold Indian Reservation.

The purpose of this study was to assess the attitudes and behaviors of Native American patients with diabetes and their relationship to patients' seeking health care services. The variables studied …

The Effects Of Inclusion On Learning-Disabled Students' Self-Esteem, Ruth Ann Cardoza

Theses and Dissertations - UTB/UTPA

This study was to determine whether Learning Disabled students who receive all their instruction in regular education would receive significantly higher self-esteem scores than students who receive services from special education resource. The instruments employed were the Coopersmith Self-Esteem Inventory and the Pier-Harris Self-Concept Scale in order to determine any significant differences in self-esteem between the two groups. The sample consisted of 30 bilingual Mexican-American children ages 8–12. The subjects were from public schools in the southern region of Texas on the Mexico-Texas border. Data were analyzed through descriptive statistics, T-test, and two-way factorial analysis of variance with repeated measures. …

The Exaltation And Musicality Of The Gypsy Cante Jondo As Exemplified By The Poetry Of Federico García Lorca, Auristela Rodriguez Merlano Lung

Theses and Dissertations - UTB/UTPA

Federico García Lorca is considered as one of Spain's most important twentieth century poets. He was born near Granada to a well off landowner who loved the country and Gypsy cante jondo music. Growing up in this environment nurtured Federico's desire to appreciate his surroundings, music and the Gypsy culture. He took piano and flamenco guitar lessons. That is why many of his works are saturated with nuances and direct references to both nature and music. In his Poema del Cante Jondo one travels across Andalusia and penetrates into its folklore. In this set of poems, this thesis analyses how …

Communis Opinio And The Method Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy

William & Mary Law Review

No abstract provided.

Chemical Analysis And Toxicity Study Of Macartney Rose, Bachlien Dang

Theses (Pre-2016)

The Macartney rose (Rosa bracteata) is a noxious evergreen shrub, which grows in mild climates. This is a rose that will climb trees and smoother small buildings if given a chance! It is climbing and trailing from large clumps which may merge, forming impenetrable thickets. Its stems have thorns, which are nasty, hooked affairs, and leaves that are oval shape with serrate margin. The rose is also called "Fragrant White Climbing Rose". It blooms in late spring with smaller repeats throughout the rest of summer, and fruits ripen in late fall. The plant is a troublesome plant that grows abundantly …

The Emerging Law Of Referee Malpractice, Jason Loomis

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Labor Law - Workers' Compensation - Eligibility - Scholarship Athlete Injured During Varsity Football Game Was Held Not To Be A University Employee And Was Therefore Stripped Of A Workers' Compensation Award - Waldrep V. Texas Employers Insurance Ass'n, 21 S.W.3d 692 (Tex. App. 2000), Petition For Review Denied, (Tex. Nov. 16, 2000) (No. 00-0929)., William C. Baton

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Growth Of Ncaa Women's Rowing: A Financial, Ethical And Legal Analysis, Scott R. Rosner

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Next On Floor Exercise, Dominique Dawes©: The Difficulties In Copyrighting Athletic Routines, William J. Fishkin

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The United States Supreme Court's Limitations Of The Individuals With Disabilities Education Act Forces A Court To Prevent A Disabled Student From Receiving A Meaningful Public Education By Denying Him The Necessary Services Of Participation In Athletics, Lucy Kats

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The 1972 U.S.-Soviet Abm Treaty: Cornerstone Of Stability Or Relic Of The Cold War?, James A. Ewing

William & Mary Law Review

No abstract provided.