Digital Commons Network^™

Fatigability Of The Elbow Flexor Muscles For A Sustained Submaximal Contraction Is Similar In Men And Women Matched For Strength, Sandra K. Hunter, Ashley Critchlow, In-Sik Shin, Roger M. Enoka

Exercise Science Faculty Research and Publications

The purpose of this study was to compare the time to task failure for a submaximal fatiguing contraction sustained with the elbow flexor muscles by men and women who were matched for strength (n = 20, 18-35 yr). The maximal torque exerted at the wrist was similar for the men and women [64.5 ± 8.7 (SD) vs. 64.5 ± 8.3 N·m; P > 0.05], which meant that the average torque exerted during the fatiguing contraction [20% of maximum voluntary contraction (MVC)] was similar for the two sexes. The time to task failure was similar for these strength-matched men and women …

The Constitutionality Of International Delegations, Edward T. Swaine

GW Law Faculty Publications & Other Works

Does the continuing assignment of legislative power to international institutions like the WTO, NAFTA, and the U.N. infringe the U.S. Constitution? The political controversy over the continued reliance on such organizations, and the potential effect on welfarist and democratic values, is increasingly perceived to have a legal dimension. Recent scholarship has taken two radically different views. One recent strain takes the position that such delegations are constitutionally problematic, chiefly in terms of the nondelegation doctrine and federalism, and proposes that the gap between these principles and constitutional practice be reduced. But others argue that these doctrines lack legal or normative …

Remembering The Forgotten Ones: Protecting The Elderly From Financial Abuse

San Diego Law Review

There is nothing new about fraudulently taking money from people, particularly the elderly. The elderly population is rapidly increasing, however, and is readily accessible by telephone and mail. As a result, the elderly are easy targets for financial abuse. Such abuse can emanate from several sources, including people the victims know and trust, particularly family and friends.

Perpetrators can be people upon whom the elderly depend for care. Abuse can also come from strangers with whom elderly victims have no direct contact. This Article focuses primarily on the financial abuse of the elderly by strangers.

A Plain Meaning Interpretation Of Erisa’S Preemption And Saving Clauses: In Support Of A State Law Preemption Of Section 1132(A) Of Erisa’S Civil Enforcement Provisions

San Diego Law Review

Most of that change has involved the direction in which the Court has taken its interpretation of the phrase “relate to” as contained in ERISA’s express preemption clause. Changing course after approximately twenty-five years of expansively interpreting the preemption clause, the Court has moved from a very broad interpretation of “relate to,” as announced in Pilot Life v. Dedeaux, to a more practical, case-by-case evaluation that principally asks whether a disputed state law interferes with ERISA’s purposes and objectives, as discussed in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co1 If the state …

The Deferred Action Program Of The Bureau Of Citizenship And Immigration Services: A Possible Remedy For Impossible Immigration Cases

San Diego Law Review

This beneficent operations instruction permitted two alternative interpretations, each of which was taken up by the federal courts. In the case of Nicholas v. INS, the petitioner asked the Ninth Circuit Court of Appeals to overrule the district director’s decision to deny his nonpriority status application. The court determined that the operations instruction confers a “substantive benefit upon the alien, rather than setting up an administrative convenience,”and thus is essentially a legislative rule requiring a strict standard of application, and not one allowing the INS a significant amount of discretion. The Fifth Circuit held in Soon Bok Yoon v. INS …

Can Promise Enforcement Save Affordable Housing In The United States?

San Diego Law Review

Promise Enforcement is my original approach to the development of affordable housing. Promise Enforcement, as a system, includes three components: (1) contextual thinking; (2) valuing individuality, and (3) comprehensive responsibility. Contextual thinking involves a sense of environmental, historical, and geographic context. Valuing individuality allows residents of public housing to express themselves as unique individuals. Comprehensive responsibility involves a complete understanding of the costs and benefits of affordable housing. The theory was inspired in part by the work of Austrian activist, artist, and architect Friedensreich Hundertwasser and the writings of French social contract theorist Jean-Jacques Rousseau. My article that introduced the …

Likelihood Of Confusion

San Diego Law Review

The primary objective of this Article is to illustrate the tendency of judges to inappropriately rely on personal intuition and subjective, internalized stereotypes when ruling on trademark disputes. Where jurists perceive consumers as ludicrously easily confused, trademark holders can exploit these views to secure broad trademark “rights,” often without offering a shred of evidentiary corroboration concerning such confusion. As a consequence, the proof required to support allegations that a trademark usage creates a likelihood of confusion is potentially lessened in all cases, making trademarks normatively stronger, broader, and ever easier to “protect” for mark holders. Whether consumers realistically benefit from …

Obstructing Justice: The Rise And Fall Of The Aedpa

San Diego Law Review

From 1994 through as late as August 2001, the United States intelligence community1

received information that terrorists had seriously contemplated using airplanes as instruments for carrying out international terrorist attacks.2

This method of attack was clearly “discussed in terrorist circles,” yet community analysts demonstrated little effort to strategically counter such terrorist groups. Moreover, in 1998, U.S. intelligence received specific information that “a group of unidentified Arabs planned to fly an explosive-laden plane from a foreign country into the World Trade Center.” In July 2001, senior government officials were warned of “a significant terrorist attack against U.S. and/or Israeli interests in …

In The Wake Of Enzo: The Impact Of The Federal Circuit’S Decision On The U.S. Life Science Industry

San Diego Law Review

The United States spends more on health care than any other country in the world.The U.S. Patent and Trademark Office (PTO) helps drive health care costs higher by awarding monopolies to scientific researchers whose inventions meet the requirements dictated by Title 35 of the U.S. Code.3 Once the PTO awards such a monopoly, the inventor is the only party legally entitled to make, use, or sell the invention in the United States. Though monopolies are thought to impair competition, under the U.S. system these exclusionary rights are the rewards an inventor earns in exchange for enriching the pool of publicly …

Meeting The Challenge : The Female Carers' Perspective Of Managing Dyspnoea, Kim A. Skett

Theses: Doctorates and Masters

The aim of this descriptive, explorative study was to describe the lived experience of informal carers providing care within the home, to a family member who has lung cancer and the symptom of dyspnoea. Many studies have highlighted the stressors associated with care provision, but no studies have focused on the experience associated with caring for a family member who is dyspnoeic. Ten carers were interviewed regarding their experiences of providing care to the family member during the palliative phase of the illness and while the family member was experiencing the symptom of dyspnoea. Analysis of the initial data highlighted …

Biomechanical Assessment Of Gloves: A Study Of The Sensitivity And Reliability Of Electromyographic Parameters Used To Measure The Activation And Fatigue Of Different Forearm Muscles, Christian Larivière, André Plamondon, Jaime Lara, Chantal Tellier, Jérôme Boutin, Antoine Dagenais

Études primaires

No abstract provided.

Southeast Asian Refugee Children: Self-Esteem As A Predictor Of Depression And Scholastic Achievement In The U.S., Patricia G. Fox, Kenneth R. Burns, Judith M. Popovich, Ruth Ann Belknap, Marilyn Frank-Stromborg

College of Nursing Faculty Research and Publications

The eruption of conflicts and war in this century has led to new masses of refugees and displaced persons. Globally, host countries will continue to confront issues of how to ensure the successful adaptation of refugees who typically are women and children. The United States received three major waves of Southeast Asian (SEA) refugees during the past twenty-five years. One million SEA refugees arrived in the past decade; the majority were children and adolescents. Today, there is still a lack of understanding surrounding mental health issues and their relationship to children's violence experience. We know that SEA refugee children suffered …

Influences On The Uptake Of Covenant Mechanisms For Nature Conservation On Private Lands In Australia, Thomas I. Kabii

Theses: Doctorates and Masters

Globally management agreements have emerged as more effective in assuring long-term nature conservation on private land, than regulatory mechanisms alone. Restrictive permanent covenants in particular, which are legally binding management agreements in perpetuity, have been adopted in most States and Territories in Australia. However, there is reluctance among landholders to take them up. Sound understanding of the factors that influence the decisions of landholders regarding the uptake of permanent covenants is important in planning and strategizing for increased covenant uptake. The aim of this thesis is to further this understanding and to support the design of a coordinated covenant mechanism …

Compatibility Of A Western Systemic Approach For Handling Complex, Pluralist And Coercive Problems In Developing Countries: A Case Study Of Micro Satellite Development In Indonesia, Alexander Sudibyo

Theses: Doctorates and Masters

In this era of globalization, there has been much western investment in the eastern world, increasing the number of large projects financed by internal and foreign investments. It was thought a challenging proposition to investigate whether systemic approaches could be used in eastern developing countries that are in transition between Toffler’s first (agricultural focused) and second (industrial centered) waves of economic development.

Etoposide Differentially Affects Bone Marrow And Dermal Derived Endothelial Cells, S. W. Adams, Lin Wang, J. Fortney, Laura F. Gibson

Faculty & Staff Scholarship

Chemotherapy alteration of the bone marrow microenvironment has the potential to influence hematopoietic recovery following transplantation. To discern the effect of specific drugs on components of the complex marrow microenvironment, in vitro models have significant utility. In the current study we sought to determine whether dermal (HMEC-1) and marrow derived endothelial cells (BMEC-1) respond differently to identical chemotherapy exposure. BMEC-1 cells were consistently more sensitive to etoposide exposure than HMEC-1 cells, measured as reduced viability. BMEC-1 also had reduced focal adhesion kinase (FAK) and VCAM-1 protein expression following chemotherapy, in contrast to dermal derived endothelial cells in which neither protein …

Inhibition Of Membrane-Bound Methane Monooxygenase And Ammonia Monooxygenase By Diphenyliodonium: Implications For Electron Transfer, A. K. Shiemke, D. J. Arp, L. A. Sayavedra-Soto

Faculty & Staff Scholarship

No abstract provided.

Comment On Boettke And Prychitko, Roger A. Lohmann

Faculty & Staff Scholarship

No abstract provided.

European Lingua Franca? Germany's Relationship With English In The Late Twentieth Century, Anna Elise Fleming

Honors Theses

The following thesis analyses the maintenance of national education, business, and social infrastructures (such as popular media and advertisement) for the English language within German borders. This linguistic situation in Germany, combined with the pressure of English as a global language, signifies the possibility of English becoming the lingua franca (common language) for Europe (both European Union and non-European Union countries), especially in the areas of higher education, business, and media.

Investing The Wealth: Intentional Strategies For Psychology Training In Developing Countries, Mark R. Mcminn, Vitaliy L. Voytenko

Faculty Publications - Doctor of Psychology (PsyD) Program

The knowledge and skills of psychology can be useful in developing countries where indigenous mental health resources are sometimes scarce. Although it may be useful for psychologists to provide short-term training in developing countries, the potential for long-term change is best accomplished by investing in training students from developing countries, especially those committed to returning to their homeland after completing their training. Three “investment strategies” are suggested for training students from developing countries: faculty awareness, intentional mentoring, and facilitated launching. Challenges and implications for professional psychologists are discussed.

Satisfaction With Research Training In Christian Psychology Doctoral Programs: Survey Findings And Implications, Mark R. Mcminn, Peter C. Hill, Justin W. Griffin

Faculty Publications - Doctor of Psychology (PsyD) Program

Perceptions of research training at seven explicitly Christian doctoral programs in clinical psychology were assessed with a satisfaction survey. A total of 283 students, 98 alumni, and 51 faculty completed the online questionnaire. Perceived strengths include faculty-student collaboration, encouraging students to present at national meetings, respect for faculty, and effective curricula. Areas for future growth include enhanced research funding, making research mentoring available to all students, and decreasing the perceived dichotomy between clinical and research competence. Self-reported faculty and student publication and presentation rates are also presented and discussed.

Olanzapine Attenuates Cue-Elicited Craving For Tobacco, Kent E. Hutchinson, Marie-Christine Rutter Goodworth, Raymond Niaura, Robert Swift, Wallace B. Pickworth, Laura Sobik

Faculty Publications - Doctor of Psychology (PsyD) Program

Rationale: Recent biological conceptualizations of craving and addiction have implicated mesolimbic dopamine activity as a central feature of the process of addiction. Imaging, and pharmacological studies have supported a role for dopaminergic structures in cue-elicited craving for tobacco.

Objective: If mesolimbic dopamine activity is associated with cue-elicited craving for tobacco, a dopamine antagonist should attenuate cueelicited craving for tobacco. Thus, the aim of the present study was to determine whether an atypical antipsychotic (olanzapine, 5 mg) decreased cue-elicited craving for tobacco.

Method: Participants were randomly assigned to 5 days of pretreatment with olanzapine (5 mg; n=31) or were randomly assigned …

A Concept Of Sexual Immorality And Its Consequences In The Bible, Anna Galeniece

Journal of the Adventist Theological Society

No abstract provided.

The God Of Job And Our Adversary, Jiri Moskala

Journal of the Adventist Theological Society

No abstract provided.

Where Is The "There" In Health Law? Can It Become A Coherent Field?, Mark A. Hall, Carl E. Schneider

Articles

Gerturde Stein complained of Oakland, "There is no there there." Churchill complained of his pudding that "it has no theme." And everybody complains of health law that it lacks an organizing principle. Health law scholars bemoan the "pathologies" of health law and its contradictory and competing "paradigms'. which form a "chaotic, dysfunctional patchwork." But it should not surprise us that any field which grows by accretion lacks a unifying idea or animating concern. And health law certainly grew by accretion. It began in the 1960s, when the Law-Medicine Center was established, concerned with medical proof in litigation, physicians' malpractice, and …

Benumbed, Carl E. Schneider

Articles

I originally intended to write a column on tort liability and research ethics, and I still plan to do so. But this column is a cri de coeur as I finish another semester teaching law and bioethics. This year, I asked with growing frequency, urgency, and exasperation, "Must law's reverence for autonomy squeeze out the impulse to kindness? Where is the beneficence in bioethics?" These questions assail me every term. Why? Consider Steele v. Hamilton County Community Mental Health Board. Mr. Steele was involuntarily "hospitalized after his family reported that he was 'seeing things and trying to fight imaginary …

Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Seattle University Law Review

This article presents the inherent contradiction between a parent- child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift. Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research. In …

Negotiating Bankruptcy Legislation Through The News Media, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver

Faculty Publications

No abstract provided.

Reparations As Redistribution, Kyle D. Logue

Articles

The most controversial, and most intriguing, remedy sought by proponents of slavery reparations involves massive redistribution of wealth from whites to blacks within the United States. This is not to say that reparations proponents have focused only on racial redistribution. Some have called for an official apology from the U.S. government. Others seek the creation of a foundation or institute, funded by U.S. tax dollars, to be devoted to furthering the interests of African Americans, including the funding of K- 12 educational programs for black children and the funding of general civil rights advocacy to counteract the lingering effects of …

Evaluation Of A Real-Time Pcr Assay Using The Lightcycler System For Detection Of Parvovirus B19 Dna, Richard S. Buller, Gregory Storch

Open Access Publications

No abstract provided.