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The Need For A Revitalized Common Law Of The Workplace, William R. Corbett

Journal Articles

No abstract provided.

Choosing The Genetic Makeup Of Children: Our Eugenics Past-Present, And Future?, Michael J. Malinowski

Journal Articles

No abstract provided.

Sibling Recurrence Risk Ratio Analysis Of The Metabolic Syndrome And Its Components Over Time., Wei J. Chen, Pi Hua Liu, Yen Yi Ho, Kuo Liong Chien, Min Tzu Lo, Wei Liang Shih, Yu Chun Yen, Wen Chung Lee

Faculty Publications

The purpose of this study was to estimate both cross-sectional sibling recurrence risk ratio (lambdas) and lifetime lambdas for the metabolic syndrome and its individual components over time among sibships in the prospectively followed-up cohorts provided by the Genetic Analysis Workshop 13. Five measures included in the operational criteria of the metabolic syndrome by the Adult Treatment Panel III were examined. A method for estimating sibling recurrence risk with correction for complete ascertainment was used to estimate the numerator, and the prevalence in the whole cohort was used as the denominator of lambdas. Considerable variability in the lambdas was found …

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

All Faculty Scholarship

In its recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act, and specifically the questions of who should be protected under the ADA, and what such protection requires. In the wake of the Court's decisions, workers have found it increasingly difficult to assert and protect their right to be free of disability-based discrimination in the workplace. Given the widespread influence of John Rawls in contemporary discussions of social, political and economic justice, his recent and final formulation of his theory of distributive justice presents a significant and promising philosophical foundation for evaluation of …

Vision 2003

Vision

No abstract provided.

New Drug Research, The Extraterritorial Application Of Fda Regulations, And The Need For International Cooperation, William Dubois

Vanderbilt Journal of Transnational Law

In recent years, U.S. pharmaceutical companies have expanded their new drug trials beyond the borders of the United States. While the companies have a variety of reasons for making this move, among them may be a desire to avoid Food and Drug Administration (FDA) regulation and monitoring. Lack of adequate supervision of drug trials conducted in the developing world endangers both the subjects of the tests and the consumers in the United States. It is unclear whether the FDA can execute regulatory and supervisory authority abroad. The FDA statute does not clearly authorize the agency to regulate extraterritorially. Applying the …

Gender Voice And Correlations With Peace+, Terry M. Dworkin, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

The statistics regarding violence in today's society are staggering. A newly released study published by the World Health Organization, making headlines in the Wall Street Journal (Oct. 3, 2002), reports that "Violence Took 1.6 Million Lives in 2000." This statistic includes only the data obtained from the 70 countries that report such statistics to the World Health Organization, it does not include reports from many other countries where violence is also high, such as Burundi, Rwanda, Iraq, Liberia and Afghanistan.

This Article seeks to address some of these issues of violence by considering issues of gender. The Authors pose the …

Corporate Hypergoals, Sustainable Peace, And The Adapted Firm, Thomas W. Dunfee, Timothy L. Fort

Vanderbilt Journal of Transnational Law

Hypergoals are a set of specifiable goals applicable to all publicly-owned, for-profit corporations independent of their purpose, type, business, or legal governance. The identification of hypergoals should be limited to those factors for which a plausible empirical case can be made concerning their role as essential foundations for efficient business interaction. In the context of hypergoals, corporations have a role to play in working toward global, sustainable peace. In working toward the hypergoal of sustainable peace, corporations must attend to two tiers: an immediate, short-term orientation to foster solidarity with local populations in which the corporation works and a longer-term …

Governing For Genuine Profit, Michael J. O'Hara

Vanderbilt Journal of Transnational Law

Business corporations can have many purposes. The shareholder wealth maximization goal is the proper one for business. This maximization, however, must look to the long-term as well as the short-term. Terrorism is a major threat to the long-term stability, profitability, and even viability of business corporations. Because of a focus on the short-term to the exclusion of the long-term, businesses are likely to shirk their responsibilities related to terrorism and its causes. A paradigm-shift is necessary to bring business to accept their responsibilities and internalize their costs...

This Article will not challenge the shareholder wealth maximization goal. Instead, this Article …

Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero

Faculty Scholarship

The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.

Building Ecological Literacy Through Ornithology-Based Fieldtrips: Experiences From An Educational Program In Patagonia, Kimberly L. Olson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Influence Of Occupational Therapists' Worldview On Clinical Reasoning And Action: A Qualitative Study, Matthew P. Mekkes

Masters Theses

This qualitative study examines the influence of occupational therapists’ worldview on clinical reasoning and action. Recent clinical reasoning research has determined that this complex and multi-faceted process is more than applied theory. Some scholars in occupational therapy have identified intrapersonal factors as influencing clinical reasoning. However, the nature and role of the intrapersonal factors in clinical reasoning remains unclear. To increase understanding of this phenomenon, semi-structured interviews were conducted with expert therapists. Results suggest that a therapist’s worldview, specifically related to beliefs about human nature does affect the way they envision and enact the occupational therapy process. This influence is …

Contraception As A Mask Of Personhood, Charles E. Rice

Journal Articles

Sometimes you can learn something by teaching Torts. In my case it happened with the Palsgraf case and John Noonan did it. When we reached Palsgraf, I always discussed with the class Professor Noonan's analysis in Persons and Masks of the Law.

Mrs. Palsgraf lost as a matter of law in the Court of Appeals, and Chief Judge Cardozo wrote the opinion. Professor Noonan thinks she lost because her humanity was covered by the abstract persona, the mask, of an "unforeseeable plaintiff." He did not accuse Cardozo of misapplying the rule of law he used, but of myopia in selecting …

Legal And Policy Responses To The Disappearing "Teacher Exception," Or Copyright Ownership In The 21st Century University*, Elizabeth Townsend

Minnesota Journal of Law, Science & Technology

No abstract provided.

Toward Aligning The Law With Biology? The Federal Circuit's About Face In Enzo Biochem, Inc. V. Gen-Probe, Inc., John C. Stolpa

Minnesota Journal of Law, Science & Technology

No abstract provided.

Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer

Minnesota Journal of Law, Science & Technology

No abstract provided.

Identification And Characterization Of Contact Sites Between Human Chorionic Gonadotropin And Luteinizing Hormone/Choriogonadotropin Receptor, Myoungkun Jeoung

University of Kentucky Doctoral Dissertations

The luteinizing hormone receptor (LHR) belongs to the G protein-coupled receptorfamily. It consists of two distinct domains; the N-terminal extracellular exodomain and themembrane associated endodomain which includes 7 transmembrane domains, 3 exoloops, 3cytoloops and a C-terminal tail. Sequence alignment and computer modeling suggest thepresence of Leu Rich Repeat (LRR) motifs in the exodomain. Although their structuralsimilarity is high, each LRR is not equally important for hormone binding. Ala-scanning andtruncation studies performed in our laboratory suggest that LRR2 and LRR4 appear to be themost crucial. The Ala-scanning data suggest that Leu103 and Ile105 in LRR4 are important forhormone binding. However, it …

Complexity Theory And Al Qaeda: Examining Complex Leadership, Russ Marion, Mary Uhl-Bien

Department of Management: Faculty Publications

Recent events in the world are forcing us to restructure our understanding of leadership and organization. The al- Qaeda organization and its pervasive presence in the world demonstrated first-hand the power of a flexible, moderately coupled network of individuals brought together by a common need and aligned behind an informal and emergent leader. Its structure, which resulted from bottom-up coordination of individuals who voluntarily came together based on common need rather than from top-down hierarchical control, clearly demonstrates the power of a networked system based on relationships and shared vision and mission. To understand this and other types of network …

The Probabilistic Economic Injury Level: Incorporating Uncertainty Into Pest Management Decision-Making, Robert K. D. Peterson, Thomas E. Hunt

Department of Entomology: Faculty Publications

Despite the recognition that the economic injury level (EIL) is determined by dynamic biological and economic parameters, which can be highly variable and uncertain, there has been little effort to quantify uncertainty and to use estimates of uncertainty in the determination of EILs. In this paper, we define the probabilistic EIL (PEIL) and develop PEILs for two insect pest scenarios: alfalfa weevil larvae, Hypera postica (Gyllenhal), on early bud-stage alfalfa, and bean leaf beetle adults, Cerotoma trifurcata (Forster), on V1-stage soybean. The PEIL is an EIL that reflects its probability of occurrence. The probability of occurrence is determined by incorporating …

Patterns And Trends Of Soil Climate Regimes And Drought Events In The Northern Great Plains, William J. Waltman, Stephen M. Goddard, S. E. Reichenbach, Mark Svoboda, Michael Hayes, J. S. Peake

School of Computing: Conference and Workshop Papers

Drought is the dominant process of crop loss nationally and within Nebraska. Nearly twothirds of the 18.6 million harvested acres are covered by crop insurance (USDA/RMA, 2003; USDA/NASS, 2003). For the most part, Nebraska’s crop losses range from $50 to 75 million in non-drought years, but the losses approach nearly $200 million in drought years, such as 2000. The past growing season (2002) crop losses are projected to greatly exceed $375 million in Nebraska and more than $4 billion nationally (USDA/RMA, 2003). The analysis and understanding of drought processes in the Great Plains is an important component to developing drought …

Long-Lived Pluvial Episodes During Deposition Of The Navajo Sandstone, David B. Loope, Clinton M. Rowe

Department of Earth and Atmospheric Sciences: Faculty Publications

The Navajo Sandstone of the American Southwest was deposited at approximately 190 Ma in a giant, subtropical dune field near the western margin of Pangea. From this unit, we report thick intervals of dune cross-strata that were churned by insects and trampled by reptiles. Although dunes continued to migrate freely, the distribution of trace fossils shows that plant life in wet interdune areas sustained high levels of animal activity on the dunes for many thousands of years. We interpret this suite of structures as the record of a pluvial episode climatologically similar to the period of “greening” in the Sahara …

United States Patent Application Publication: Divide And Conquer System And Method Of Dna Sequence Assembly, Khalid Sayood, Hasan H. Otu

Department of Electrical and Computer Engineering: Faculty Publications

The present invention provides a new algorithm for assembling fragments from a long DNA sequence. The algorithm of the invention Solves simultaneously fragment assembly-related problems. Such as the fragment orientation, overlap and layout phases. This is achieved by clustering fragments with respect to their Average Mutual Information (AMI) profiles using the k-means algorithm.

Review Of The Dead Sea Scrolls, Fifty Years After Their Discovery: Proceedings Of The Jerusalem Congress, July 20–25, 1997, Edited By Lawrence H. Schiffman, Emanuel Tov, And James C. Vanderkam; Executive Editor Galen Marquis, Sidnie White Crawford

Department of Classics and Religious Studies: Faculty Publications

Occasionally a volume appears that is almost impossible to review, whether because the material it presents is completely new, the subject matter is so esoteric, or the material is so eclectic that it cannot be absorbed in a single review. The latter is the case with the present volume, which contains over 100 articles by scholars from the United States, Israel, Canada, and Europe. The subject matter is the finds from the Judaean Desert—not only the written remains but also the material, biological, and architectural remains as well. The written remains include the Qumran scrolls (popularly referred to as the …

Evaluation Of Landscape Models For Wolverines In The Interier Northwest, United States Of America, Mary M. Rowland, Michael J. Wisdom, Douglas H. Johnson, Barbara C. Wales, Jeffrey P. Copeland, Frank B. Edelmann

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

The wolverine (Gulo gulo) is an uncommon, wide-ranging carnivore of conservation con- cern. We evaluated performance of landscape models for wolverines within their historical range at 2 scales in the interior Northwest based on recent observations (n = 421) from Washington, Oregon, Idaho, and Montana. At the sub-basin scale, simple overlays of habitat and road-density classes were effective in predicting observations of wolverines. At the watershed scale, we used a Bayesian belief network model to provide spatially explicit estimates of relative habitat capability. The model has 3 inputs: amount of habitat, human population density, and road density. …

Low Mitochondrial Dna Variation In Double-Crested Cormorants In Eastern North America, Juliann L. Waits, Michael L. Avery, Mark E. Tobin, Paul L. Leberg

United States Department of Agriculture Wildlife Services: Staff Publications

Double-crested Cormorant (Phohoiornx audus) numbers are increasing throughout eastern North America. We compared variation for five portions of mtDNA to determine if genetic differences existed among portions of the breeding range that would need to be considered when formulating management programs. Sequences for four mtDNA regions were identical across sample locations: frequencies of two haplotpes of the mitochondria1 Control Region were similar across sampling locations. There is no evidence of restricted gene flow among breeding areas, or between subspecies with different migratory patterns.

Chemical Repellents For Reducing Crop Damage By Blackbirds, Michael L. Avery, John L. Cummings

United States Department of Agriculture Wildlife Services: Staff Publications

Chemical repellants are intended to prevent birds from feeding on a particular food (the crop) at a given location. To be considered effective, a chemical repellent must produce 1 of 2 responses (1) depredating birds remain but feed on an alternative non-crop food item or (2) depredating birds leavc and go elsewhere to feed. The search for a safe, cost-effective chemical repellent has spanned decades. During the 1950s, 196Os, and 199Os, repellent screening programs, using captive red-winged blackbirds (Aaelaius Dboeniceus), brown-headed cowbirds (Molorhrus ater), and European starlings (Sturnus vulgaris), identified numerous potentially useful compounds. …

Predator Presence Affects The Reproductive Success Of Prey In Outdoor Conditions, Sergey V. Naidenko, Svetlana V. Naidenko, Larry Clark, Vera V. Voznessenskaya

United States Department of Agriculture Wildlife Services: Staff Publications

The reproductive outcomes of laboratory rats (Rattus norvegicus) housed at different distances (2, 20 and 80 m) from a predator (Lynx lynx) were investigated. Virgin female (n = 120) and m3ie (n = 40) rats of an outbred laboratory population were used for the experiments. Groups of rats (one male and three females) were housed in standard cages in close proximity to the predator Litter size, sex ratio. number of live pups, number of placental scars and corpora lurea were counted; and pre- and post-implantation losses were calculated for each female. The reproductive success …

A Review Of Pathogens Of Agricultural And Human Health Interest Found In Canada Geese, Larry Clark

United States Department of Agriculture Wildlife Services: Staff Publications

The roles that waterfowl in general, and Canada geese in particular, have in the dissemination and transmission of viral and bacterial diseases of human or agricultural importance are covered in this review. In addition to the biological information about the etiology of the disease, economic impacts and zoonotic potential of viral and bacterial pathogens are considered. In most cases existing evidence suggests the importance of waterfowl in disease dissemination and transmission, however, definitive data are often lacking, indicating the need for more directed studies before quantitative risk assessments can be made. Finally, a brief assessment of management options is considered.

Wading Bird Management And Research On North American Aquaculture Facilities, Brian Dorr, Jimmy D. Taylor Ii

United States Department of Agriculture Wildlife Services: Staff Publications

Aquaculture in North America varies geographically with respect to species cultured, annual production, size, complexity, and spatial arrangement of facilities. Species assemblages of predacious birds using aquaculture facilities also vary with many of these industry characteristics. Wading birds are highly adaptable, relatively ubiquitous throughout the aquaculture industry, and often associated with fish depredation problems at aquaculture facilities. Suitability of information regarding the impacts of wading birds to aquaculture varies dramatically by depredating species and industry sector. Great blue herons (Ardea herodias) cause considerable depredation losses on trout aquaculture in the Northeast, and current research suggests that little blue …

Sampling Designs For Carnivore Scent-Station Surveys, Glen A. Sargeant, Douglas H. Johnson, William E. Berg

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

Scent stations usually are deployed in clusters to expedite data collection and increase the number of stations that can be operated for a given cost. Presumed benefits of cluster sampling may not be realized, however, unless cluster sizes are chosen with respect to sampling variation within and among clusters. To encourage and facilitate the use of efficient designs and reporting standards, we used data collected in Minnesota, USA, during 1986-1991 to (1) compare the performance of survey designs with various numbers of stations/cluster; (2) estimate relations between required sample sizes and visitation rates, changes in visitation rates, and error rates; …