Digital Commons Network^™

Raising The Civilized Minimum Of Pain Amelioration For Prisoners To Avoid Cruel And Unusual Punishment, James Mcgrath

Faculty Scholarship

This Article addresses the problems with our nation's cultural and legal prohibitions against certain pain management treatments. The practice of pain management has not kept pace with the many medical advances that have made it possible for physicians to ameliorate most pain. The Author notes that some patients are denied access to certain forms of treatments due to the mistaken belief that addiction may ensue. Additionally, some individuals are under-treated for their pain to a greater degree than are others. This is especially the case for our nation's prisoners. The Author contends that prisoners are frequently denied effective pain amelioration. …

Trademark Exhaustion In The European Union: Community-Wide Or International--The Saga Continues, Irene Calboli

Faculty Scholarship

This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions define the extent of trademark exhaustion as either "national" or "international" exhaustion, depending on whether the rights granted by a mark are considered exhausted only in the domestic territory or also in foreign jurisdictions. Because of its nature as a regional integration of sovereign countries, the EU has historically favored a compromising approach toward the issue, and …

Principles For Water, Andrew P. Morriss, Bruce Yandle, Terry L. Anderson

Faculty Scholarship

Water issues are often contentious. How much water can one individual use? What must the water quality of water returned from use be? How much water must be allocated to uses such as maintaining sufficient instream flows for aquatic species? For the last century, the United States has largely such answered questions through command and control regulatory schemes rather than through markets and common law dispute resolution processes. The choice of regulation by institutions over other mechanisms has meant a reliance on centralized decisionmaking and a rejection of both the market's more decentralized institutions and the common law.

Recently, water …

Tightness Of Slip-Linked Polymer Chains, Ralf Metzler, Andreas Hanke, Paul G. Dommersnes, Yacov Kantor, Mehran Kardar

Physics & Astronomy Faculty Publications

We study the interplay between entropy and topological constraints for a polymer chain in which sliding rings (slip links) enforce pair contacts between monomers. These slip links divide a closed ring polymer into a number of subloops which can exchange length among each other. In the ideal chain limit, we find the joint probability density function for the sizes of segments within such a slip-linked polymer chain (paraknot). A particular segment is tight (small in size) or loose (of the order of the overall size of the paraknot) depending on both the number of slip links it incorporates and its …

The Lawyers' Role In Selecting The President: A Complete Legal History Of The 2000 Election, Lynne H. Rambo

Faculty Scholarship

This Article presents the factual and legal history of Bush v. Gore, in the detail that is warranted for a case of this magnitude and complexity. Part One sets forth the legal framework within which the case unfolded, acquainting the reader with the breadth of Florida and federal law that governed the controversy. Part Two reviews what happened--the factual and legal developments from the time Gore requested manual counts in four Florida counties through the Supreme Court's decision ending the statewide recount the Florida Supreme Court had ordered--and focuses on the attorneys' arguments at each stage. Part Three then …

Behavioral Measures From A Computer Simulation Of A Slot Machine Using A Within-Subjects Design, Andrew E. Brandt

Undergraduate Theses and Senior Projects

No abstract provided.

Review Of Determination Of Organic Compounds In Soils, Sediments And Sludges By T. R. Crompton, John J. Johnston

United States Department of Agriculture Wildlife Services: Staff Publications

T. R. Crompton has accomplished the Herculean task of summarizing the literature (up to 1998) for the determination of organic and organometallic substances in soils, aquatic, and marine sediments and sludge. Although previous books address the analysis of such compounds in water, this is the first book dedicated to the analysis of pollutants in soils, sediments, and sludges, matrices that typically contain a variety of interfering compounds and offer significant analytical challenges. Overall, the book is relatively easy to read; the “camera ready” manuscript produced by the author contains clear tables, figures, and font. Classes of compounds addressed in this …

Comparing Communication Technology On Chinese, English, And Spanish Diabetes Web Sites, Yanko F Michea, Karen Pancheri, Yang Gong, Elmer Bernstam

Faculty, Staff and Student Publications

Technological and cultural factors influence access to health information on the web in multifarious ways. We evaluated structural differences and availability of communication services on the web in three diverse language and cultural groups: Chinese, English, and Spanish. A total of 382 web sites were analyzed: 144 were English language sites (38%), 129 were Chinese language sites (34%), and 108 were Spanish language sites (28%). We did not find technical differences in the number of outgoing links per domain or the total availability of communication services between the three groups. There were differences in the distribution of available services between …

The Feasibility Of Using Propositional Analysis As A Method For Understanding Differences Between Physicians And Nurses Reading Emrs, Constance M. Johnson, Todd Johnson, Vimla L. Patel, James P. Turley

Faculty, Staff and Student Publications

No abstract provided.

History, Hate And Hegemony: What's A Journalist To Do?, Bonnie Brennen, Lee Wilkins

College of Communication Faculty Research and Publications

No abstract provided.

Examining The Milwaukee Parent Choice Program: Options Or Opportunities?, Robert Lowe, Joan Whipp

College of Education Faculty Research and Publications

No abstract provided.

Creation Of A Bacterial Mutagenicity Assay Highly Sensitive To Dialkylnitrosamines, Matthew Troy Cooper

University of Kentucky Doctoral Dissertations

Although dialkylnitrosamines are environmentally significant carcinogens, the use of short-term bioassays to assess the mutagenic potential of these compounds remains problematic. The Ames test, a mutagenicity assay based on the reversion of Salmonella typhimurium histidine auxotrophs, is the most widely used bioassay in genetic toxicology, but the traditional Ames tester strains are largely insensitive to dialkylnitrosamine mutagenicity. I have constructed several mutagenicity tester strains that co-express combinations of full-length human cytochrome P450 2E1, rat cytochrome P450 reductase, and human cytochrome b5 in S. typhimurium lacking ogt and ada methyltransferases (YG7104ER, ogt-; and YG7108ER, ogt-, ada-). These new strains are susceptible …

International Antitrust At The Crossroads: The End Of Antitrust History Or The Clash Of Competition Policy Civlizations, Antonio F. Perez

Scholarly Articles

This Review will suggest a theoretical explanation for the essentially pragmatic conclusion that the United States should continue to oppose negotiations at the WTO. This explanation has the virtue of drawing on the special quasi-constitutional role of antitrust policy in U.S. history, one that is in fact deeply connected to the political economy of U.S. federalism and which, therefore, leaves less room for U.S. acquiescence in the institutionalization of competition policy at the WTO than does even the pragmatic argument for continued U.S. opposition to multilateral and institutional approaches.

This argument draws on the continuing centrality of federalism as a …

When Can The Government’S Misrepresentations Give Rise To A Constitutional Tort?, Antonio F. Perez

Scholarly Articles

Can allegations that senior State Department and National Security Council officials failed to inform a U.S. citizen that her foreign citizen husband was in foreign custody suffice to allege a denial of access to the courts in violation of the Fifth Amendment so as to give rise to a constitutional tort even absent any allegation that the plaintiff tried to file a lawsuit or was actually hindered in doing so?

If so, was that right clearly established as of the time of the government officials' conduct so as to defeat a defense of qualified immunity?

Constitutional Values And The Ethics Of Health Care: A Comparison Of The United States And Germany, William J. Wagner

Scholarly Articles

In the first section, this essay will consider questions the new era in health care poses for a health-care ethics of ends. The second section will address the question this emerging era raises for a health-care ethics of duty. Under the rubric of an ethics of ends, the essay examines, more particularly, the ends of health and efficiency. Under that of duty, it addresses the duties of respect for the dignity of the human person; respect for the covenant of treatment; and respect for justice in distribution. In each case, it seeks to identify the basis for an adequate response …

Re-Evaluating The Freedom Of Scientific Inquiry Through Biotechnology And Human Rights, George P. Smith Ii

Scholarly Articles

No abstract provided.

Spatio-Temporal Variation In Activation Intervals During Ventricular Fibrillation, Sachin Anil Moghe

University of Kentucky Doctoral Dissertations

Spatio-temporal variation in activation rates during ventricular fibrillation (VF)provides insight into mechanisms of sustained re-entry during VF. This study had three objectives related to spatio-temporal dynamics in activation rates during VF.

The first objective was to quantify spatio-temporal variability in activation rates,that is, in dominant frequencies, computed from epicardial electrograms recorded during VF in swine. Results showed that temporally and spatially, dominant frequencies variedas much as 20% of the mean dominant frequency, and the mean dominant frequencies increased during first 30 sec of VF. These results suggest that activation rates are nonstationary during VF.

The second objective of the study …

Empirical Analysis Of The Relationship Between The Tax Base And Government Spending: Evidence From State Panel Data, 1977-1992, Barry Wayne Boardman

University of Kentucky Doctoral Dissertations

Essentially, there are two competing propositions on tax base choices. The optimal tax theory on taxation asserts that the broader the tax base the better the tax. On the other hand, some public choice proponents have argued that, at the constitutional level, we should choose to restrict the power to tax and thus limit the available base. These theories assert fundamentally different views on the state and its citizens. Within the traditional optimal tax framework, governments maximize residents utility and tax base broadening lowers the tax rate, thus there is a revenue neutral response. When, however, governments do not choose …

Pigs In Space: Ghosts, Gender And Sexuality In A Debate About Regulating Industrial Hog Farms In Kentucky, Mary E. Curran

University of Kentucky Doctoral Dissertations

In 1997, Governor Paul Patton of Kentucky asked the state Cabinet of Natural Resources and Environmental Protection to develop administrative regulations for industrial hog farms in the state. The regulatory process has been contentious. From 1997 through 1998, the Cabinet held five public hearings to elicit comments on the proposed regulations. This study is designed to answer two questions. First, how, within parameters of participation established by the Kentucky Cabinet of Natural Resources and Environmental Protection, have participants in the debate deployed notions of risk to privilege certain gendered and sexualized farming identities, farming practices, and notions of rurality? Second, …

Strain Control Of Piezoelectric Materials Using An Applied Electron Flux, Philip Clark Hadinata

University of Kentucky Doctoral Dissertations

This dissertation examines the response of piezoelectric material strain to electron flux influence. A plate of PZT5h is prepared as the specimen. The positive electrode is removed, and the negative electrode is connected to a power amplifier. Sixteen strain gages are attached as the strain sensor. The specimen is placed in a vacuum chamber, then the positive side is illuminated by electron beam. The characteristic of the static strain response is predicted by deriving the equation strain/deflection of the plate. Two methods are used, the Electro-Mechanical Equations and numerical analysis using Finite Element Method. The settings of the electron gun …

Structure And Function Analysis Of Par-4, Nadia M. El-Guendy

University of Kentucky Doctoral Dissertations

Par-4 is a leucine zipper domain protein that induces apoptosis on its own in certain cancer cells and in Ras-transformed cells, but not in normal or immortalized cells. Par-4 induces apoptosis by activation of the Fas death receptor pathway and co-parallel inhibition of NF-B transcription activity. Cells that are resistant to apoptosis by Par-4 alone, however, are greatly sensitized by Par-4 to the action of other pro-apoptotic insults such as growth factor withdrawal, TNF, ionizing radiation, intracellular calcium elevation, or those involved in neuronal degeneration such as Alzheimer's, Parkinson's, Huntington's and Stroke. Previous studies have suggested that the apoptosis-sensitization potential …

The Role Of Nf-Kb Activation In Hepatic Tumor Promotion By Polycholorinated Biphenyls (Pcbs), Zijing Lu

University of Kentucky Doctoral Dissertations

Polychlorinated biphenyls (PCBs) are nongenotoxic hepatic tumor promoters. PCBs have been shown to cause oxidative stress, but the exact mechanism by which PCBs exert their tumor promoting activity is not clear. In our study, PCB-153, a non-coplanar congener, caused a transient increase in hepatic NF-B DNA binding activity and cell proliferation, while PCB-77, a coplanar congener, showed no effect. Our second study using a mouse model that was deficient in the p50 subunit of NF-kB (p50-/-) showed that NF-kB contributes to the changes in hepatocyte proliferation and apoptosis in response to PCB-153 treatment: a single dose of PCB-153 increased hepatic …

Article 36 Of The Vienna Convention On Consular Relations: Private Enforcement In American Courts After Lagrand, Cara H. Drinan

Scholarly Articles

On June 27, 2001, the International Court of Justice (ICJ) held in the case of Germany v. United States of America (LaGrand) that Article 36 of the Vienna Convention on Consular Relations ("VCCR") affords an individually enforceable right to consular access upon arrest or detention in a foreign country.' In the United States, death penalty opponents applauded the ICJ's finding for its promise of greater due process protection, while states' rights advocates criticized the decision as an unlawful exercise of criminal appellate jurisdiction. LaGrand, in theory, resolves many questions that have plagued American courts: whether Article 36 rights are vested …

A Most Sacred Place: The Significance Of Crater Lake Among The Indians Of Southern Oregon, Douglas Deur

Anthropology Faculty Publications and Presentations

Discusses the Native American view of Crater Lake, Oregon, as a place of religious significance and the misunderstandings with whites as to its importance to Oregon's Indian tribes. Created some 6,500 years ago by volcanic eruption, Crater Lake has long been seen by Indians as a sacred place. Their hunting, berry gathering, and vision quests in the lake area were tied to their religious view of the lake. Since the 1850's, whites have treated the lake with a lack of understanding of its significance to the Klamath tribes. The National Park Service restricted hunting and charged Indians fees to pass …

Continuing Development Of The Fig/Approved Category A "Master Of Science Degree In Hydrographic Science" Program At The University Of Southern Mississippi, David Dodd, Ken Barbor, Stephan Howden, Charles Meador, David Wells

Hydrographic Science Research Center

The International Federation of Surveyors/International Hydrographic Organization (FIG/IHO) Category “A” certified Master of Science (M. S.) degree in Hydrographic Science (HS) Program established by The University of Southern Mississippi (USM) and the Naval Oceanographic Office (NAVOCEANO) is in its third year of operation. Twenty-two students have graduated from the HS Program with fifteen students in the current Class of 2002.  All HS students in the first two classes entered the program through NAVOCEANO (civilian and uniform navy). They completed the non-thesis M.S. degree option in one intensive year of study that required two semesters of theory and one summer semester …

Current Status Of Defensins And Their Role In Innate And Adaptive Immunity, Periathamby A. Raj, Andrew R. Dentino

School of Dentistry Faculty Research and Publications

Naturally occurring antimicrobial cationic polypeptides play a major role in innate and adaptive immunity. These polypeptides are found to be either linear and unstructured or structured through disulfide bonds. Among the structured antimicrobial polypeptides, defensins comprise a family of cysteine-rich cationic polypeptides that contribute significantly to host defense against the invasion of microorganisms in animals, humans, insects and plants. Their wide-spread occurrence in various tissues of these diverse organisms, and their importance in innate and adaptive immunity have led to their identification, isolation and characterization. A large volume of literature is available on defensins’ occurrence, structural characterization, gene expression and …

The Second Coming Of Intellectual Property Rights In China, Peter K. Yu

Faculty Scholarship

This Article traces the development of intellectual property rights in China since the country’s reopening in the late 1970s. Part I provides a brief history of the Chinese intellectual property system and examines the various intellectual property disputes between China and the United States in the late 1980s and the early 1990s. This Part argues that the contemporary Chinese intellectual property system was not developed until intellectual property rights reemerged in China in the late 1970s. Part II discusses the causes of the piracy and counterfeiting problem in China. By focusing on the significant political, social, economic, cultural, and ideological …

Spiritual Responses To The Regulation Of Birth (A Historical Comparison), Richard J. Fehring, Elizabeth Mcgraw

College of Nursing Faculty Research and Publications

Over 30 years ago the founders of the Christian Family Movement (CFM), a worldwide Catholic family action group, conducted a survey to investigate the marital effects of practicing “rhythm.” Their final report indicated that many participants felt that periodic abstinence was harmful to their marriage and caused spiritual and religious distress. The CFM survey results were thought to have been influential in convincing the 1966 Papal Birth Control Commission to recommend a change in church teaching. The purpose of this paper is to report a re-analysis of the 1966 archived data (in the light of the Papal Encyclical Humane Vitae–On …

Das Wirtschaftsimperium Der Ethnisch Chinesischen Unternehmer In Südostasien Zwischen Kontinuität Und Wandel (In German), Thomas Menkhoff

Research Collection Lee Kong Chian School Of Business

Der Beitrag beschäftigt sich mit den wenig erforschten, komplexen Wechselwirkungen zwischen der rapide voranschreitenden globalen Marktvergesellschaftung einerseits sowie den Marktkulturen in Südostasien, in denen ethnischchinesische Unternehmer, Geschäftsleute und Händler mit ihren Familienkonglomeraten und Handelsnetzwerken eine prominente Rolle spielen. Ausgehend von der Asienkrise 1997-99, die eine deutliche Zäsur für ethnisch-chinesisches Wirtschaftshandeln in der Region darstellt, werden die Auswirkungen der rapiden Wandlungsprozesse auf das ethnisch-chinesische Unternehmertum in der Region und deren sozio-ökonomische Beziehungsnetzwerke skizziert sowie unternehmerische Anpassungsstrategien aufgezeigt. Der Beitrag schliesst mit einer kurzen Prognose über die Zukunft des chinesischen Kapitalismus in Asien.

The Role Of Rhetoric Content In Charismatic Leadership: A Content Analysis Of A Singaporean Leader's Speeches, Hwee Hoon Tan, Gladys Wee

Research Collection Lee Kong Chian School Of Business

This study provides an extension to the Charismatic Leadership theories by delineating the roles of rhetoric content: in frame alignment and trust building. Propositions were developed from past literature on the rhetorical behaviors of Charismatic Leadership and the interpersonal trust literature. An empirical study was then conducted to test the propositions developed and it was found that Mr. Lee Kuan Yew use the Singapore National Day Rally speeches in limited ways to align frames and build trust.