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2003

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When Terrorism Threatens Health: How Far Are Limitations On Personal And Ecomonic Liberties Justified, Lawrence O. Gostin Jan 2003

When Terrorism Threatens Health: How Far Are Limitations On Personal And Ecomonic Liberties Justified, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The government is engaged in a homeland-security project to safeguard the population's health from potential terrorist attacks. This project is politically charged because it affords the state enhanced powers to restrict personal and economic liberties. Just as governmental powers relating to intelligence, law enforcement, and criminal justice curtail individual interests, so too do public health powers.

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Retaining Intensive Care Nurses In Las Vegas: The Importance Of Nurse Manager Leadership, Megan Vendetti Jan 2003

Retaining Intensive Care Nurses In Las Vegas: The Importance Of Nurse Manager Leadership, Megan Vendetti

UNLV Theses, Dissertations, Professional Papers, and Capstones

In today's healthcare climate, retaining staff nurses is desirable and may be a more permanent solution to improve the nursing shortage. Employing a leadership style that is conducive to staff nurse job satisfaction may be needed to achieve that goal. The purpose of this study was to determine the relationship of the unit manager leadership style with job satisfaction and intent to stay in the intensive care setting. Staff nurses in two Las Vegas hospitals, one private and one public, were surveyed. A questionnaire was developed and voluntarily completed by 125 registered nurses employed in adult and pediatric intensive care …

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Computer Aided Management Of Processes (Camp) At The National Environmental Service Center., Wiselin Dhas Mathuram Jan 2003

Computer Aided Management Of Processes (Camp) At The National Environmental Service Center., Wiselin Dhas Mathuram

Graduate Theses, Dissertations, and Problem Reports (ETD)

All business operations, either manufacturing or service, have certain processes they follow to accomplish their goals. These processes change with time due to financial performance, emerging market opportunities, or erosion of market share and they often need to be reengineered to improve their performance. This research aims to analyze and improve the product review process at the National Environmental Service Center (NESC). A supporting organizational structure is proposed. Process improvement was conducted by employee interviews, and a database was developed to integrate information flow between departments. The new software tool facilitates the workflow and helps to track, monitor, and manage …

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The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants., Donna F. Coltharp Jan 2003

The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants., Donna F. Coltharp

St. Mary's Law Journal

Cases prosecuted under 8 U.S.C. §1324 present special challenges for the Government and for defendants. Under §1324, it is a crime to transport or smuggle aliens into the United States. Prosecuting transporters or smugglers may present a challenge if a witness is unavailable. Even though transporting or smuggling always has witnesses—the alien(s) who hired the smuggler or transporter—not all witnesses have prolonged detentions, and some are returned to their native country. The transporter or smuggler may then assert their Sixth Amendment right. The Sixth Amendment’s Confrontation Clause requires that in all criminal prosecutions, the accused shall enjoy the right to …

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Terrorism, Grand Juries, And The Federal Material Witness Statute., Roberto Iraola Jan 2003

Terrorism, Grand Juries, And The Federal Material Witness Statute., Roberto Iraola

St. Mary's Law Journal

Abstract Forthcoming.

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When Parents And Educators Clash: Are Special Education Students Entitled To A Cadillac Education., Judith Deberry Jan 2003

When Parents And Educators Clash: Are Special Education Students Entitled To A Cadillac Education., Judith Deberry

St. Mary's Law Journal

Due to the ambiguous language of the Individuals with Disabilities Education Act (IDEA), there is uncertainty concerning IDEA’s requirements. IDEA mandates that all school districts receiving federal education monies provide for the education of disabled students. According to IDEA, each state must provide disabled children with “free appropriate public education” (FAPE) that emphasizes special education and related services designed to meet the student’s unique needs and prepare him or her for employment and independent living. Parents have argued that IDEA requires school districts to compensate them for commercial programs and private school costs. Courts have held that an individual education …

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The Toxic Mold Terrifying Texas: Mold's Hold On The Insurance Industry., Sylvia Pena-Alfaro Jan 2003

The Toxic Mold Terrifying Texas: Mold's Hold On The Insurance Industry., Sylvia Pena-Alfaro

St. Mary's Law Journal

It is imperative that more scientific research concerning the effects of mold be conducted to better understand the consequences of long-term exposure to mold. Because of home and building modifications to conserve energy, mold has been able to thrive. Reports of illnesses allegedly caused by mold exposure have increased. No scientific evidence, however, exists that conclusively links the illnesses to the effects of mold. Only a limited number of scientific studies exist showing just how harmful toxic mold can be, but there is disagreement as to whether the harmful effects of toxic mold can compromise the immune system to such …

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In Re V.L.K. V. Troxel: Is The Best Interest Standard In A Motion To Modify The Sole Managing Conservator Subject To A Due Process Or Course Challenge., David F. Johnson Jan 2003

In Re V.L.K. V. Troxel: Is The Best Interest Standard In A Motion To Modify The Sole Managing Conservator Subject To A Due Process Or Course Challenge., David F. Johnson

St. Mary's Law Journal

Texas Family Code section 156.101 is unconstitutional. In In re V.L.K, the Texas Supreme Court held that the Texas Legislature removed the injurious retention element from section 156.101 and no longer required a finding that the natural parent be injurious to the welfare of the child. The Texas Supreme Court’s ruling is contradictory to the United States Supreme Court’s ruling in Troxel v. Granville. In Troxel, the Supreme Court struck down a state statute that effectively permitted any third party to file a motion to challenge custody. Under Texas law, any affected party, not limited to parties named in the …

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Telemedicine In Texas: Solving The Problems Of Licensure, Privacy, And Reimbursement., Gilbert Eric Deleon Jan 2003

Telemedicine In Texas: Solving The Problems Of Licensure, Privacy, And Reimbursement., Gilbert Eric Deleon

St. Mary's Law Journal

Abstract Forthcoming.

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Introduction To The Second Annual Symposium On Legal Malpractice & (And) Professional Responsibility The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Adam Boland Jan 2003

Introduction To The Second Annual Symposium On Legal Malpractice & (And) Professional Responsibility The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Adam Boland

St. Mary's Law Journal

Abstract Forthcoming.

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Absolute And Perfect Candor To Clients The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Vincent R. Johnson Jan 2003

Absolute And Perfect Candor To Clients The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Vincent R. Johnson

St. Mary's Law Journal

The fiduciary duty owed to clients by attorneys is defined by the reasonable-care standard of negligence as opposed to the all-encompassing “absolute and perfect candor” rhetoric frequently used to describe the duty owed. Words have meanings and, though the use of “absolute and perfect candor” serves a beneficial purpose, reminding attorneys of the special duty owed to their clients, the fiduciary duty owed to clients is not so all encompassing and impractical. Modern case law fails to establish that a broadly applicable duty of “absolute and perfect” candor applies to the attorney-client relationship, except in a limited number of situations. …

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The Legal Profession At The Crossroads: Who Will Write The Future Rules Governing The Conduct Of Lawyers Representing Public Corporations The Second Annual Symposium On Legal Malpractice & Professional Responsibility., David J. Beck Jan 2003

The Legal Profession At The Crossroads: Who Will Write The Future Rules Governing The Conduct Of Lawyers Representing Public Corporations The Second Annual Symposium On Legal Malpractice & Professional Responsibility., David J. Beck

St. Mary's Law Journal

Abstract Forthcoming.

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The Liability Of Lawyers For Fraud Under The Federal And State Securities Laws The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Kathy Patrick Jan 2003

The Liability Of Lawyers For Fraud Under The Federal And State Securities Laws The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Kathy Patrick

St. Mary's Law Journal

Abstract Forthcoming.

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The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Jack P. Sahl Jan 2003

The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Jack P. Sahl

St. Mary's Law Journal

Abstract Forthcoming.

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Tactical Considerations In Defending Assigned Legal Malpractice Claims Essay., William D. Cobb Jr. Jan 2003

Tactical Considerations In Defending Assigned Legal Malpractice Claims Essay., William D. Cobb Jr.

St. Mary's Law Journal

Every Texas lawyer with a legal malpractice defense docket should be aware of the Zuniga rule and its possible exceptions. Although the general rule in Texas is that causes of action are freely assignable, because of the ruling in Zuniga v. Groce, Locke & Hebdon, legal malpractice causes of action are unassignable. The Texas Supreme Court declined to hear the case with the notation “writ refused” essentially adopting the lower court’s opinion as its own. Nonetheless, the decision in Zuniga did not resolve the problem of the insolvent judgment debtor, nor did Zuniga purport to invalidate all agreements that dispose …

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Insurance Companies Use Of Captive Or In-House Counsel To Represent Insured Constitutes The Unauthorized Practice Of Law: Is American Home The Right Decision For Texas Comment., Daniel M. Martinez Jan 2003

Insurance Companies Use Of Captive Or In-House Counsel To Represent Insured Constitutes The Unauthorized Practice Of Law: Is American Home The Right Decision For Texas Comment., Daniel M. Martinez

St. Mary's Law Journal

Insurance companies should not be allowed to continue the practice of hiring in-house or captive counsel to defend against a claim covered by their insurance policy. Under a typical liability insurance policy, the insurer has a duty to defend. When legal counsel is retained, the insurer pays for the representation and has a contractual right to control the defense. This places defense counsel in a precarious situation because he or she has to balance the contractual obligations to the insurer against his or her ethical responsibilities to the insured. The defense counsel may be exposed to a malpractice claim by …

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Jury Patriotism: The Jury System Should Be Improved For Texans Called To Serve., K. B. Battaglini, Mark A. Behrens, Cary Silverman Jan 2003

Jury Patriotism: The Jury System Should Be Improved For Texans Called To Serve., K. B. Battaglini, Mark A. Behrens, Cary Silverman

St. Mary's Law Journal

Many citizens seem to embrace the jury system, so long as they do not have to participate. The reason for this is not that most citizens are “un-American” but rather the burden jury duty imposes on potential jurors. Texans, in general, continue to overwhelmingly support the jury system. Yet, many citizens fail to appear for jury duty when summoned or strive to get out of jury duty after entering the courthouse. Most of these individuals do not lack a sense of civic duty. Rather, they are discouraged from jury service due to the hardship and headache imposed by an antiquated …

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Punitive Damages In Texas: Examining The Need For A Split-Recovery Statute., Meredith Matheson Thoms Jan 2003

Punitive Damages In Texas: Examining The Need For A Split-Recovery Statute., Meredith Matheson Thoms

St. Mary's Law Journal

As a result of the increasing number and amounts of punitive damage awards, a call for reform is much warranted. Reformers and legislators continue to seek out measures to effectively limit excessive punitive damage awards and deter unnecessary and frivolous litigation. But they must consider not only the effects of the statutes but also the purposes they will serve. Split-recovery statutes can become valuable reform tool which will continue to serve the goals of punishment and retribution attached to punitive damages as well as deterrence. Split-recovery statutes arguably enlarge government, but they also serve a valuable purpose in furthering the …

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Pfizer's Epidemic: A Need For International Regulation Of Human Experimentation In Developing Countries, David M. Carr Jan 2003

Pfizer's Epidemic: A Need For International Regulation Of Human Experimentation In Developing Countries, David M. Carr

Case Western Reserve Journal of International Law

No abstract provided.

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Accountability For State Crimes: The Past Twenty Years And The Next Twenty Years, Aryeh Neier Jan 2003

Accountability For State Crimes: The Past Twenty Years And The Next Twenty Years, Aryeh Neier

Case Western Reserve Journal of International Law

No abstract provided.

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A View From The Trenches: The Military Role In The Pursuit Of Justice, Michael A. Newton Jan 2003

A View From The Trenches: The Military Role In The Pursuit Of Justice, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.

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Genocide Politics And Policy: Conference Remarks, Madeline Morris Jan 2003

Genocide Politics And Policy: Conference Remarks, Madeline Morris

Case Western Reserve Journal of International Law

No abstract provided.

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Arbitrage, Bioethics, And Cloning: The Abcs Of Gestating A United National Cloning Convention, Rosario M. Isasi, George J. Annas Jan 2003

Arbitrage, Bioethics, And Cloning: The Abcs Of Gestating A United National Cloning Convention, Rosario M. Isasi, George J. Annas

Case Western Reserve Journal of International Law

No abstract provided.

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International Arbitrage Of Controversial Medical Technologies: An Introduction, Hiram E. Chodosh Jan 2003

International Arbitrage Of Controversial Medical Technologies: An Introduction, Hiram E. Chodosh

Case Western Reserve Journal of International Law

No abstract provided.

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What If Anything Is Wrong With Cloning A Human Being?, Arthur L. Caplan Ph.D. Jan 2003

What If Anything Is Wrong With Cloning A Human Being?, Arthur L. Caplan Ph.D.

Case Western Reserve Journal of International Law

No abstract provided.

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Human Dignity: In Danger Of Banality - (The Case Of Cloning), Bartha-Maria Knoppers Jan 2003

Human Dignity: In Danger Of Banality - (The Case Of Cloning), Bartha-Maria Knoppers

Case Western Reserve Journal of International Law

No abstract provided.

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Scientific Empathy, American Buddhism, And The Ethnography Of Religion, Daniel S. Capper Jan 2003

Scientific Empathy, American Buddhism, And The Ethnography Of Religion, Daniel S. Capper

Faculty Publications

The expansion of the use of ethnography in the study of religion has led to substantial methodological confusion. The reflexive ethnographic efforts which exist commonly appeal to the need for ethnographer empathy for field subjects, although the nature and ethical ramifications of this empathy remain poorly explored. This essay offers a model of ethnographic empathy in terms of the methodological observations of Weber, Homans, and Kohut. Using a model of empathy in terms of a reflexive “evenly hovering attention” for data collection, possible gains in the field from this model are explored. These gains include overcoming obstacles to data collection …

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An Allegory Of Good (And Bad) Governance: Applying The Sarbanes-Oxley Act To Nonprofit Organizations, Wendy K. Szymanski Jan 2003

An Allegory Of Good (And Bad) Governance: Applying The Sarbanes-Oxley Act To Nonprofit Organizations, Wendy K. Szymanski

Utah Law Review

Clearly, change is coming to the nonprofit governance arena. Given the scandals which have shaken the public trust in nonprofits and the overall skeptical view of large organizations in light of the even greater corporate scandals, it seems just as clear that change is in order. Attention must now be paid to ensuring that any reforms are specifically tailored to nonprofit organizations, rather than imposing mere cut-and-paste provisions borrowed from the for-profit sector. It is imperative that any regulations that are promulgated recognize that nonprofits are not similarly situated with the forprofit mega-companies that inspired the Sarbanes-Oxley Act's passage. Any …

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Baby Girls From China In New York: A Thrice-Told Tale, Barbara Stark Jan 2003

Baby Girls From China In New York: A Thrice-Told Tale, Barbara Stark

Utah Law Review

This thrice-told tale has shown why the story of the Baby Girls from China in New York requires multiple tellings. First, multiple tellings expose the multiple contexts and perspectives that drive these adoptions, from those of the desperate birth mothers in rural China to those of the hopeful adoptive parents in New York. Second, multiple tellings destabilize and problematize our understandings of law. Laws enacted in China to promote women's equality led, paradoxically, to an increase in abandoned baby girls. Multiple tellings may not answer the question of well-intentioned human rights activists, but they remind us of the brutal prerogatives …

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Dietary Availability And Retention Of Selected Minerals Associated With The Intensive Production Of Rainbow Trout (Oncorhynchus Mykiss), Donna Leanne Snellgrove Jan 2003

Dietary Availability And Retention Of Selected Minerals Associated With The Intensive Production Of Rainbow Trout (Oncorhynchus Mykiss), Donna Leanne Snellgrove

School of Biological and Marine Sciences Theses

This research programme aimed to review the nutritional requirements for the main minerals, (namely calcium, phosphorus, magnesium and zinc) formulated in commercial diets that are essential for the health and growth performance for salmonid fish. This was undertaken with the aim of improving our knowledge of their physiology, metabolism and fate in the rainbow trout, Oncorhynchus mykiss. Phosphorous (P) featured strongly in this work due to its adverse role in pollution and the environmental impact of intensive fish farming. The first chapter surveyed the gross nutritional requirements of fish and focused on the mineral requirements in particular. Typically the P …

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