Digital Commons Network^™

Rethinking Injury And Proximate Cause, John C.P. Goldberg

San Diego Law Review

Injury and proximate cause form two components of a plaintiff's prima facie negligence case. Although equals in this sense, they have received starkly different treatment at the hands of judges and scholars. Proximate cause has long attracted attention, yet has also managed to defy repeated efforts at characterization and explanation. Injury by contrast, seems to have been largely ignored. One of the many virtues of professor Perry's paper is that it prompts reconsideration of this disparate treatment from both ends. By offering a subtle and rich account of the related concept of "harm," Perry permits us to see that the …

Baselines And Compensation, F.M. Kamm

San Diego Law Review

The first problem that we shall examine is raised by the cases in which by our tortious wrong act someone is either (1) made no worse off than he would have been because the injury is one he would have suffered anyway by another means or (2) made better off because, though the act produces an injury, it benefits him by interfering with an upcoming greater injury. Should we assign liability based on the fact that an injury was caused relative to how the person was in his prior uninjured state (namely, the causal approach)? Or, should we take account …

Compensation And Revenge, Emily Sherwin

San Diego Law Review

Compensation is one of the least controversial goals of law; compensating for harms is assumed to be both efficient and morally praiseworthy. I shall argue that the moral component of this assumption needs refinement. Some of the features of legal remedies that pass as compensatory suggest that pursuit of compensation is not entirely virtuous.

The Grounds And Extent Of Legal Responsibility, Richard W. Wright

San Diego Law Review

To question that is the title of this symposium, What Do Compensatory Damages Compensate?, requires consideration of the basic grounds and purposes of legal responsibility. The question is usefully brought into sharper focus by the specific questions and puzzles posed to the contributors to stimulate thought and discussion.

Hedge Funds Are Headed Down-Market: A Call For Increased Regulation?, Erik J. Greupner

San Diego Law Review

This Comment examines the current debate surrounding increasing regulations on hedge funds in order to provide better investor protection. The author starts out by explaining what a hedge fund is and how they have grown in importance over the years. The author then discusses some of the recent trends in the hedge fund industry that have concerned the SEC, such as increases in fraud, conflicts of interest, and marketing to less sophisticated investors. Next, the author explains the current state of regulations for the hedge fund industry as well as the rationales for such limited regulations. The author then discusses …

Dramatic Decreases In Clarity: Using The Penn Central Analysis To Solve The Tahoe-Sierra Controversy, Dana Larkin

San Diego Law Review

This Comment discusses the issues and confusion regarding regulatory takings and the proper test for establishing a regulatory taking. The author starts by discussing the traditional ad hoc factors used to determine whether a taking had occurred. The author then discusses how these factors formed the basis of the three-factor test used in Penn Central Transportation Co. v. New York City. Next, the author explains the controversial area of temporary development moratoria and how this issue has been dealt with in the Lake Tahoe Basin of California . He suggests that the plaintiff's in Tahoe-Sierra Preservation Council, Inc. v. Tahoe …

Dardinger V. Anthem Blue Cross & Blue Shield: Judicial Redistribution Of Punitive Damage Awards, C.J. Martin

San Diego Law Review

This Casenote examines the role of punitive damages in tort law and the actions of the Ohio Supreme Court in Dardinger v. Anthem Blue Cross & Blue Shield. The author begins by describing the anomalous nature of punitive damages, which are a form of punishment, being given to a plaintiff in a tort system that is compensatory in nature. The author then gives an overview of the punitive damages doctrine historically and as it exists today. Next, the author discusses the Dardinger case and analyzes the implications of the court's decision to remit a portion of the punitive damages on …

The Textbook Controversies In Japan: What History Is Taught?, Aaron Cooley

Essays in Education

The controversies surrounding the content and perspective of several Japanese textbooks are examined and the impact on geo-political relations analyzed. The ways in which these battles affect perceptions of history are discussed in a regional and global context. Extrapolating from this example, a position of inclusiveness is advanced for the content of textbooks that address controversial historical issues in Japan and elsewhere.

Being Black In U.S. Urban Schools: No Assumptions, Lavada Taylor Brandon, Mary J. Didelot

Essays in Education

To be an African-American student attending a school dominated by working class, urban, minority learners means failure. Working class African-American students are not experiencing education, they are colliding with education. These collisions will continue as long as they are facilitated by the assumptive dominant theories regarding African- American students’ educational experiences. One strategy to constructively disrupt these assumptive theoretical notions buried within current theory is to look to a working class, urban African-American student’s qualitative longitudinal formation of identity as she progresses from student to teacher within the learning process as categorized by Bateson (1972). The understanding gleaned from this …

Design And Development Of A Lubrication Pump For A Horizontally Mounted Air-Conditioning Compressor., Kenneth T. Gilbert

Electronic Theses and Dissertations

Horizontally mounted compressors offer the advantage of reduced height in central air-conditioning units but prove difficult to produce economically due to costs associated with the manufacture of acceptable lubrication systems for the compressors. This study develops an effective, affordable oil pump for use on a horizontal compressor. Concepts are proven through testing of prototype assemblies. Test results drive modifications for future prototypes, and prototypes demonstrating adequate performance are modified for ease of manufacture.

Research in this study proves that the most suitable design results from a modification of a rotating vane pump. The pump’s modifications enable it to pump oil …

Survey Of Health Effects Among Residents Adjacent To A National Priority List Site In Ssouthwest Virginia., Danette Haywood

Electronic Theses and Dissertations

The Saltville Waste Disposal Site is a National Priority List site used during the 77- year operation (1895–1972) of an electrolytic chlorine and caustic soda plant. A cross-sectional study was conducted to determine disease prevalence among Saltville Medical Center (SMC) patients. Diseases associated with chronic exposures to mercury, arsenic, and lead were reviewed in patient records and these data were analyzed. Ratios of illness observed at the SMC were compared to health studies of similar environmental exposures and disease prevalence among residents of neighboring communities. Prevalence ratios were calculated for residents and non-residents of Saltville who were SMC patients. Saltville …

Influence Of Isoflurane On Left Atrial Function In Dogs With Pacing-Induced Cardiomyopathy: Evaluation With Pressure-Volume Relationships, Franz Kehl, John F. Ladisa, Douglas Anthony Hettrick, Judy R. Kersten, David C. Warltier, Paul S. Pagel

Biomedical Engineering Faculty Research and Publications

Objective

The actions of volatile anesthetics on left ventricular (LV) function in normal and failing hearts have been previously evaluated, but the effects of these agents on left atrial (LA) function in the presence of LV dysfunction are unknown. The hypothesis was tested that isoflurane alters LA mechanics evaluated with pressure-volume relations.

Design

Prospective.

Setting

Laboratory.

Participants

Barbiturate-anesthetized dogs (n = 8) were instrumented for measurement of aortic, LA, and LV pressures (micromanometers), and LA volume (epicardial orthogonal sonomicrometers) after 3 weeks of rapid ventricular pacing (220 beats/min).

Interventions

LA myocardial contractility (E_es) was assessed with end-systolic pressure-volume …

Message From The President, Ann Hamilton

University Libraries: Faculty Publications

Column by SELA President, Ann Hamilton.

The Creation Of A Worldview., Jamie Bryan Price

Electronic Theses and Dissertations

This is an analysis of how fin-de-siècle Vienna and its mayor, Karl Lueger, influenced the development of Adolf Hitler’s worldview.

The works of many authors were consulted in conjunction with newspapers and memoirs of the period in order to gain a better understanding of what the environment of the Austrian capital was like in the fin-de-siècle period.

Several of Vienna’s political, social, and artistic facets are analyzed in an attempt to prove that the general atmosphere of the city influenced Adolf Hitler greatly during his formative years. It is concluded that while Adolf Hitler’s Weltanschauung did not completely crystallize until …

Marshall Keeble And The Implementation Of A Grand Strategy., Darrell L. Broking

Electronic Theses and Dissertations

This study examines the development of Marshall Keeble’s work during the early and middle parts of the twentieth century in the Church of Christ. The purpose of this study is to examine the direction taken by Keeble in his work and determine whether he was a submissive Tom used by whites to accomplish their goals among blacks, or to determine if he was pursuing his own grand strategy to defuse racial tension in the Church of Christ. Conclusions of this research denote that Marshall Keeble was following a grand strategy, or a decisive course of action designed to erase the …

A Historical Review And Financial Analysis Of Higher Education Funding In Tennessee., Claire Sauls Stinson

Electronic Theses and Dissertations

This was a study of the development of an objective funding method for public higher education institutions in Tennessee. The review covers the history of higher education funding from the early 1800s through the beginning of the twenty-first century with emphasis on the early 1960s through the year 2000. The study describes and analyzes the efforts made in Tennessee to provide adequate and equitable funding to public higher education institutions.

Minutes of meetings of the Tennessee Higher Education Commission, reports on studies commissioned by state officials, accountability reports prepared by the Tennessee Higher Education Commission, the Tennessee Board of Regents …

The Death Penalty Experiment: The Facts Behind The Conclusions, Eugene Droder Iii

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Evolving Standards Of Decency: Cracks In The Foundation, Denise Leboeuf

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Keynote Address — Evolving Standards Of Decency In 2003: Is The Death Penalty On Life Support?, Erwin Chemerinsky

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Drunk, Sleeping, And Incompetent Lawyers: Is It Possible To Keep Innocent People Off Death Row?, Ira Mickenberg

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?

Kontribusi Pajak Daerah Dan Retribusi Daerah Terhadap Pendapatan Asli Daerah (Pad) Dan Anggaran Pendapatan Dan Belanja Daerah (Apbd) Guna Mendukung Pelaksanaan Otonomi Daerah (Studi Kasus Pemerintah Daerah Kota Bogor), Mohammad Riduansyah

Makara Human Behavior Studies in Asia

The income of local own revenues is a significant sources for routine and developmen expenditure in local government. The amount of local taxation and user charges income are influenced by the kind of local taxation and user charges which is being implemented and adjusted by the rule that is implemented, related with income of local taxation and user charges. The contribution of local taxation and user charges income to acceptance of local own resources in Bogor Municipal in the periode of budget years 1993/1994-2000 has significant meaning with the average income 27,78 per years. The contributin of local taxation and …

Angger Pradata Akir: Peraturan Hukum Di Kerajaan Jawa Sesudah Mataram, Ugrasena Pranidhana

Makara Human Behavior Studies in Asia

This study describes Angger-angger Pradata Akir, a king’s law written in the late 18 century in Surakarta and Yogyakarta after the Mataram period. It seems that the Javaneese society at that time has already known a kind of law to control the officials of the kingdoms. In so far there was no law classification on public and private law e.z which begun in the modern law.

Editor's Page, Laura Hoelscher

Journal of Extension

"JOE Commentaries" celebrates the fact that the "Commentary drought" appears to have abated, makes special mention of the two challenging Commentaries in this issue, and asks for more. "December 2003 JOE" points out a few common themes.

The Impacts Of Hong Kong's Currency Board Reforms On Its Interbank Market, Yiu Kuen Tse, Paul S. L. Yip

Research Collection School Of Economics

Among the economies with a Currency Board System (CBS), Hong Kong (HK) is probably the one with the largest and most developed financial sector, as well as the highest capital mobility. Hence, studying HK’s CBS is not only crucial to HK, but also important for the understanding of the modern CBS. This paper outlines the major monetary reforms in HK since the late 1980s. The impacts of these reforms and the 1997–1998 Asian Financial Crisis are then examined empirically. We focus on the differentials between the US and HK interbank interest rates. We assume the conditional-mean equation follows an autoregressive …

Fiducial Predictive Densities And Econometric Duration Analysis, Zhenlin Yang

Research Collection School Of Economics

In this article, we propose using fiducial predictive density (FPD) as a density estimate, which leads naturally to estimators of survivor and hazard functions and provides a simple way of constructing shortest prediction intervals. This approach is studied in detail in the context of two flexible duration models proposed in this paper, namely the trans-normal and trans-exponential families, by presenting the FPDs, their basic properties, their Bayesian correspondence and their applications in econometric duration analysis. Empirical evidences show that the FPD method provides better estimates of survivor and hazard functions, particularly the latter, than does the usual maximum likelihood method. …

Divided We Fall: The Federal Government Confronts The Digital Divide, Charmaine Jackson

Journal of Student Financial Aid

This research examines the potential consequences for higher education access if the U.S. Department of Education continues to move forward with its technology plan for financial aid delivery. More specifically, it explores how the transition of Federal Student Aid (formerly Student Financial Assistance) toward a Web-based financial aid application process will affect college applicants'particularly low-income students who often lack access to technology. Using a national data set of financial aid applicants, discriminant analyses (several stepwise) are conducted on selected demographic variables to ascertain the potential impact of this migration.

A Survey Of Student Term-Time Employment: Choosing Subpopulations For Further Study, Patrick Hughes, Bruce I. Mallette

Journal of Student Financial Aid

Despite substantive research at the national level, local institutional information on students who work off campus while enrolled full time has been sparse. After considering the need for local studies examining the causes of term-time employment and employment's role in persistence, this research explores the appropriateness of using total student cohorts as opposed to subpopulations restricted to financial aid applicants. Distinguishing between residency groups is also considered. The analyses demonstrate that employment was locally substantial, persistence studies are best paired with total populations, and employment studies are best paired with populations restricted to students who have financial aid data on …

Inadequate Physician Knowledge Of The Effects Of Diet On Blood Lipids And Lipoproteins., Mary M. Flynn, Chris N. Sciamanna, Kevin C. Vigilante

College of Population Health Faculty Papers

BACKGROUND:To assess the nutrition knowledge of physicians on the basic effects of diet on blood lipids and lipoproteins.

METHODS:Anonymous mailed dietary knowledge surveys to 6000 randomly selected physicians in the United States licensed in either Internal Medicine or Cardiology.RESULTS:Response rate: 16% (n = 639). Half of the physicians did not know that canola oil and 26% did not know olive oil were good sources of monounsaturated fat. Ninety-three percent (84% of cardiologists vs. 96% of internists; p < 0.001) did not know that a low-fat diet, in general, would increase blood triglycerides. Approximately three-quarters (70% of cardiologists vs. 77% of internists; p < 0.01) did not know a low-fat diet would decrease HDL-c and almost half (45%) thought that a low-fat diet would not change HDL-c.

CONCLUSIONS:If physicians are to implement dietary and cholesterol management guidelines, they will likely need to become more knowledgeable about nutrition.

The Evaluation Of A Program (Teach One To Lead One), That Teaches Universal Priniciples In The Context Of Relationships Among Students At North Cobb High School, Lori Ellen Salierno

ATS Dissertations

No abstract provided.

Dividends Reconsidered, Alan L. Feld

Faculty Scholarship

When JGTRRA 2003 reduced the income tax rate on dividends received by individuals to that of net capital gains, Feld explains, it also changed the relative attractiveness of alternative forms of corporate payout. Interest payments on shareholder debt and compensation to shareholder-employees, which generally provide superior returns to individuals, now yield less after-tax benefit in some circumstances than dividend payments. Feld says the change also calls into question the continuing function of a number of code provisions intended to prevent a "bailout" of corporate earnings at net capital gain rates and whose rules now affect primarily corporate rather than individual …