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Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker, R. Eric Kennedy, Kathleen Mcdonald O'Malley The Honorable, Sidney A. Backstrom

Journal of Law and Health

This is a transcript of a two hour symposium which deals with the Sulzer knee and hip replacement class action. A copy of the settlement is included as an appendix. The settlement in the U.S. District Court for the N.D. Ohio was unique and creative approach to resolving a mass tort class action. In a novel move, Sulzer agreed to open its books to an independent review firm to determine how much the firm could pay without going bankrupt. The number was $1 billion. As negotiated by the parties and approved by the court, the final settlement provides compensation for …

The Serpent In The Garden Of Eden: A Look At The Impact Of Physician Financial Incentive Programs And A Reconsideration Of Herdrich V. Pegram , Amy L. Cralam

Journal of Law and Health

The impact of physician incentive programs is at the heart of the recent Supreme Court case Herdrich v. Pegram. In Herdrich, the patient, Cynthia Herdrich, challenged the use of a common incentive structure that allowed physicians to profit from decreased utilization of expensive medical procedures.' Ms. Herdrich alleged that the use of these incentive programs created a conflict of interest for her treating physician and that conflict of interest caused a misdiagnosis of her appendicitis." The Seventh Circuit Court of Appeals agreed with Ms. Herdrich but was later overruled by the Supreme Court. This article suggests that Herdrich v. Pegram …

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney

Journal of Law and Health

This article takes a different approach in considering the problem of prenatal drug abuse. After briefly discussing government intervention and constitutional issues, this article will consider the concept of duty and correlative rights. This discussion of duty and correlative rights suggests that the government can take measures to curb prenatal drug use without recognizing fetal rights. The article concludes with a discussion of the utility of criminal legislation as compared to public health legislation that treats drug addiction as a disease requiring treatment. As formulated, the proposal for public health legislation is not based on any concept of fetal rights. …

Property Interests In Cadaverous Organs: Changes To Ohio Anatomical Gift Law And The Erosion Of Family Rights, Melissa A. W. Stickney

Journal of Law and Health

This note examines how Ohio anatomical gift laws have been interpreted to grant a property right to the next of kin in the decedent’s cadaverous organs. Part II of this note briefly examines the origins of anatomical gift law in the United States and in Ohio. Part III examines the codification of Ohio common law and the adoption of the 1969 Uniform Anatomical Gift Act as the foundation of Ohio’s anatomical gift laws. Part IV analyzes post 1969 Ohio cases that directly or indirectly help interpret Ohio’s anatomical gift laws, with a particular focus on the legal reasoning in Brotherton …

Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia

Journal of Law and Health

This Article addresses the conflicts that arise due to the increased number of cryogenically frozen embryos produced during in vitro fertilization (IVF). Part I discusses the IVF process, in general. While it recognizes the man's role in the process, it focuses primarily on the physical and emotional hardships that are placed on the woman. Part I also gives the backdrop of the case law in the area of embryo distribution. Part II introduces the idea that an embryo should be reduced to private property, through utilization of the labor and economic theories of property law. Additionally, an embryo's use, rather …

Education In Indonesia's Regional Economic Development Before Fiscal Decentralization, Anna Maria Siti Kawuryan

Jurnal Ekonomi dan Pembangunan Indonesia

Indonesia is a diverse country with uneven resource endowment across its provinces. This study examines the effects of human capital investment policies on the promotion of more equitable income growth across provinces. First, the rate of return to education is estimated for each province using the 1976 and 1989 Indonesian National Labor Force Surveys (SAKERNAS). Then, regional economic indicators are used to explain differences in the rates of return to education among provinces and to develop and test hypotheses regarding the contribution of investment in education to personal income growth in different regions in Indonesia.

The study finds large differences …

A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Guest Information Folder, Lakeside Inn, Mount Dora, 2002, Lakeside Inn

Florida Restaurant Menu Collection

A 2002 guest information packet including a Beauclaire Dining Room dinner menu and room service menu for Lakeside Inn in Mount Dora, Florida.

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos

Cardozo Journal of Equal Rights & Social Justice

The note argues that zero-tolerance eviction policies in public housing, authorized under federal law, unjustly penalize domestic violence victims by evicting them for crimes committed by others, including their abusers. These policies, upheld by the Supreme Court in Rucker, disproportionately harm low-income women, pushing them into homelessness and perpetuating cycles of abuse. The note advocates for a nuanced, case-specific approach to balance public safety and tenant rights, drawing parallels to child custody cases where victims are similarly blamed. It calls for federal reform to protect domestic violence survivors and end their victimization by the legal system.

Third Party Visitation Statutes: Society’S Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute, Beth Sherman

Cardozo Journal of Conflict Resolution

This Note begins by introducing the strong historical support for a parent’s fundamental liberty interest, protected by the Fourteenth Amendment’s Due Process Clause, to control the upbringing of his or her own child. It also examines the limitations placed on that right. Section two illustrates the need to balance these two perspectives when analyzing the current debate over nonparental visitation statutes. Section three addresses how the case of Troxel v. Granville reached the United States Supreme Court and the implications of the Court’s decision. Section four focuses on New York State by considering its nonparental visitation statutes, the effect of …

Broke Or Exploited: The Real Reason Behind Artist Bankruptcies, Risa C. Letowsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Applying The Constructivist Framework To Elementary School Social Studies: Benefits For Young Learners And Preservice Teachers, Nancy P. Gallavan

Northwest Journal of Teacher Education

The constructivist framework provides elementary school teachers with pedagogical guidance and professional support particularly effective for teaching and learning social studies benefiting both their young learners and their preservice teachers. Research conducted with approximately 100 elementary school teachers produced three key conditions for applying the constructivist framework competently to social studies education. Findings from this research revealed that elementary school teachers believe that foremost they must he cognizant of and proficient in their: (1) knowledge, skills, and attitudes of social studies content and purposes, (2) understanding for developing social studies curriculum and methods for communicating the social studies effectively both …

2002-2003 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

2002-2003 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

Nietzsche And "An Architecture Of Our Minds" (Book Review), Gary Shapiro

Philosophy Faculty Publications

Review of the book, Nietzsche and "An Architecture of our Minds," edited by Alexandre Kostka and Ivan Wohlfarth. Los Angeles: Getty Research Institute for the History of Art and the Humanities, 1999.

Nietzsche, Philosophy And The Arts (Book Review), Gary Shapiro

Philosophy Faculty Publications

Review of the book, Nietzsche, Philosophy and the Arts," edited by Salim Kemal, Ivan Gaskell, and Daniel W. Conway. Cambridge: Cambridge University Press, 1998.

Estimation Of Diffusion Coefficient Of Lithium In Carbon Using Ac Impedance Technique, Qingzhi Guo, Venkat R. Subramanian, John W. Weidner, Ralph E. White

Faculty Publications

The validity of estimating the solid phase diffusion coefficient, D_s, of a lithium intercalation electrode from impedance measurement by a modified electrochemical impedance spectroscopy (EIS) method is studied. A macroscopic porous electrode model and concentrated electrolyte theory are used to simulate the synthetic impedance data. The modified EIS method is applied for estimating D_s. The influence of parameters such as the exchange current density, radius of active material particle, solid phase conductivity, porosity, volume fraction of inert material, and thickness of the porous carbon intercalation electrode, the solution phase diffusion coefficient, and transference number, on the …

Using Sputter Deposition To Increase Co Tolerance In A Proton-Exchange Membrane Fuel Cell, Andrew T. Haug, Ralph E. White, John W. Weidner, Wayne Huang, Steven Shi, Narender Rana, Stephan Grunow, Timothy C. Stoner, Alain E. Kaloyeros

Faculty Publications

Placing a layer of Ru atop a Pt anode increases the carbon monoxide tolerance of proton-exchange membrane fuel cells when oxygen is added to the fuel stream. Sputter-deposited Ru filter anodes composed of a single Ru layer and three Ru layers separated by Nafion-carbon ink, respectively, were compared to Pt, Pt:Ru alloy, and an ink-based Ru filter anodes. The amount of Pt in each anode was 0.15 mg/cm² and the amount of Ru in each Ru-containing anode was 0.080 mg/cm². For an anode feed consisting of hydrogen, 200 ppm CO, and 2% O₂ (in the form …

Increasing Proton Exchange Membrane Fuel Cell Catalyst Effectiveness Through Sputter Deposition, Andrew T. Haug, Ralph E. White, John W. Weidner, Wayne Huang, Steven Shi, Timothy Stoner, Narender Rana

Faculty Publications

Sputter deposition has been investigated as a tool for manufacturing proton-exchange membrane fuel cell (PEMFC) electrodes with improved performance and catalyst utilization vs. ink-based electrodes. Sputter-depositing a single layer of Pt on the gas diffusion layer provided better performance (0.28 A/cm² at 0.6 V) than sputtering the Pt directly onto a Nafion membrane (0.065 A/cm² at 0.6 V) and equaled the performance of the baseline for an equivalent Pt loading. Sputter-depositing alternating layers of Pt and Nafion-carbon ink (NCI) onto the membrane did not increase the performance over the baseline as measured in amperes per centimeter squared due …

Emperor's New Clothes: Mediation Mythology And Markets, The, Susan S. Silbey

Journal of Dispute Resolution

The Emperor's New Clothes is a very modem tale about carving out market niches, about generating and feeding unreasonable desires, and about the power of conformity within emergent occupations and powerful professions.

Ability Of Native American Tribes To Waive Their Tribal Sovereign Immunity In Clear And Unequivocal Contracts To Arbitrate - C&(And)L Enterprises, Inc. V. Citizen Band Potawatomie Tribe Of Oklahoma, The, Emily J. Huitsing

Journal of Dispute Resolution

Native American tribes enjoy immunity from suits on contracts made on or off a reservation.2 A tribe is subject to suit only if it has clearly waived its immunity or Congress has expressly authorized the suit.' Tribal immunity was given to the tribes on the principle that tribes are sovereigns or quasi sovereigns enjoying immunity from judicial attack absent their consent.4 The purpose of tribal sovereignty, according to the Supreme Court, is to promote tribal economic development and self-sufficiency.5 Though the Court has expressed its dissatisfaction with the doctrine in light of increased tribal economic self-sufficiency through successful business ventures, …

No Out For The Federal Government: Enforcing Contractual Arbitration Clauses In Federal Government False Claims Actions - U. S. V. Bankers Ins. Co., Sarah A. Wight

Journal of Dispute Resolution

As a party to one-fourth of all civil litigation2 the federal government exerts a looming presence in American judicial proceedings. Thus, attempts by the government to elude obligations under arbitration agreements, if successful, would significantly impact the elite status that pre-dispute contractual arbitration clauses currently hold.' This casenote examines how the United States Court of Appeals for the Fourth Circuit recently addressed this issue in the context of a false claims action.

The Bite Could Be Out Of Noncompete Clauses, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

While Virginia is generally a pro-business state, the courts do not favor employee noncompete agreements because they are restraints of trade.

Descriptive Epidemiology Of Body Mass Index Of An Urban Adult Population In Western India, H. C. Shukla, P. C. Gupta, H. C. Mehta, James R. Hébert

Faculty Publications

Study objective: To describe height, weight, and body mass index (BMI) of the adult urban population in Mumbai, western India and to estimate the prevalence and severity of thinness and overweight in this population. To describe the association of BMI with education, age, and tobacco habits in an urban Indian population. Design: Cross sectional representative survey of 99 598 adults (40 071 men and 59 527 women). Setting: The survey was carried out in the city of Mumbai (formerly known as Bombay) in western India. Participants: Men and women aged >35 years who were residents of the main city of …

Simulating Shape Changes During Electrodeposition: Primary And Secondary Current Distribution, Venkat R. Subramanian, Ralph E. White

Faculty Publications

A technique based on the analytical method of lines is presented for predicting shape changes during electrodeposition. The technique is presented for both primary and secondary current distributions. The method presented does not require iterations for nonlinear Butler-Volmer boundary conditions or changing electrode shapes. The technique is based on a semianalytical method developed earlier for predicting current distributions in electrochemical cells. This technique is attractive because it provides a symbolic solution for the Laplace equation, and hence requires less computation time to perform case studies.

Electrochemical Filtering Of Co From Fuel-Cell Reformate, Balasubramanian Lakshmanan, Wayne Huang, John W. Weidner

Faculty Publications

A proton exchange membrane fuel cell was used as a flow reactor for continuous preferential oxidation of CO over H2 from 1.0% CO in H2 under pulse-potential control. By varying the pulse profile ~e.g., on-time, off-time, pulse potential! the CO and H2 oxidation currents were varied independently. The improvement in faradaic selectivity between CO and H2 oxidation results from the promotion of CO adsorption during the off ~i.e., open-circuit! portion of the pulse. Therefore, during the on portion CO oxidation was preferred while the surface was covered with CO.

Anodic Behavior Of Ti In Koh Solutions: Ellipsometric And Micro-Raman Spectroscopy Studies, A. Prusi, Lj. Arsov, Bala Haran, Branko N. Popov

Faculty Publications

Anodic formation of oxide films on titanium surfaces, in various concentrations of aqueous KOH solutions, have been studied using ellipsometry and micro-Raman spectroscopy. By in situ ellipsometric measurements the coefficient of film thickness growth and indexes of refraction of anodic oxide films have been determined. The voltage at which the oxide film breaks down is strongly dependent on the KOH concentration. Further, the solution concentration strongly influences the potential at which the oxide film is transformed from the amorphous state to crystalline form. Using micro-Raman spectroscopy four crystalline forms of titanium oxides, namely, anatase, brookite, corundum, and rutile, have been …

Study Of Sn-Coated Graphite As Anode Material For Secondary Lithium-Ion Batteries, Basker Veeraraghavan, Anand Durairajan, Bala Haran, Branko N. Popov, Ronald Guidotti

Faculty Publications

Tin-graphite composites have been developed as an alternate anode material for Li-ion batteries using an autocatalytic deposition technique. The specific discharge capacity, coulombic efficiency, rate capability behavior, and cycle life of Sn-C composites has been studied using a variety of electrochemical methods. The amount of tin loading and the heating temperature have a significant effect on the composite performance. The synthesis conditions and Sn loading on graphite have been optimized to obtain the maximum reversible capacity for the composite electrode. Heating the composite converts it from amorphous to crystalline form. Apart from higher capacity, Sn-graphite composites possesses higher coulombic efficiency, …