Digital Commons Network^™

Private Property And The Politics Of Environmental Protection, Thomas W. Merrill

Faculty Scholarship

Private property plays two opposing roles in stories about the environment. In the story favored by most environmentalists, private property is the bad guy. It balkanizes an interconnected ecosystem into artificial units of individual ownership. Owners of these finite parcels have little incentive to invest in ecosystem resources and every incentive to dump polluting wastes onto other parcels. Only by relocating control over natural resources in some central authority like the federal government, can we make integrated decisions designed to preserve the health of the entire ecosystem. For these traditional environmentalists, private property is the problem; public control is the …

Solving Problems Vs. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon

Faculty Scholarship

Recent developments in both theory and practice have inspired a new understanding of public interest lawyering. The theoretical development is an intensified interest in Pragmatism. The practical development is the emergence of a style of social reform that seeks to institutionalize the Pragmatist vision of democratic governance as learning and experimentation. This style is reflected in a variety of innovative responses to social problems, including drug courts, ecosystem management, and "new accountability" educational reform. The new understanding represents a significant challenge to an influential view of law among politically liberal lawyers over the past fifty years. That view, Legal Liberalism, …

Marbury V. Madison And European Union "Constitutional" Review, George A. Bermann

Faculty Scholarship

The U.S. Supreme Court's decision in Marbury v. Madison specifically raises the question of the legitimacy of a "horizontal" species of judicial review, that is, review by courts of the exercise of powers by the coordinate branches of government. The same question could be asked with respect to judicial review in the European Union. More particularly, how problematic or contestable has "horizontal" judicial review been within the European Union as a matter of principle? And, irrespective of its contestability, how have the courts of the European Union exercised "horizontal" review? We will find, however, that it is not the "horizontal" …

Divorcing Marriage From Procreation – Goodridge V. Department Of Public Health Case, Jamal Greene

Faculty Scholarship

Public debate about same-sex marriage has spectacularly intensified in the wake of the Massachusetts Supreme Judicial Court's decision in Goodridge v. Department of Public Health. But amid the twisted faces, shouts, and murmurs surrounding that decision, a bit of old-fashioned common-lawmaking has been lost. Some have criticized the Goodridge court for its apparently result-oriented approach to the question of whether, consistent with the Massachusetts Constitution, the commonwealth may deny marriage licenses to same-sex couples. Others have defended the decision, both on the court's own rational basis terms and on other grounds, including sex discrimination and substantive due process. This …

Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Mothers' Dreams: Abortion And The High Price Of Motherhood, Joan C. Williams, Shauna L. Shames

Faculty Scholarship

No abstract provided.

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Faculty Scholarship

No abstract provided.

Reduced Risk Of Alzheimer's Disease In Users Of Antioxidant Vitamin Supplements: The Cache County Study, Peter P. Zandi, James C. Anthony, Ara S. Khachaturian, Stephanie V. Stone, Deborah Gustafson, Joann T. Tschanz, Maria C. Norton, John C. S. Breitner

Psychology Faculty Publications

Background: Antioxidants may protect the aging brain against oxidative damage associated with pathological changes of Alzheimer disease (AD). Objective: To examine the relationship between antioxidant supplement use and risk of AD. Design: Cross-sectional and prospective study of dementia. Elderly (65 years or older) county residents were assessed in 1995 to 1997 for prevalent dementia and AD, and again in 1998 to 2000 for incident illness. Supplement use was ascertained at the first contact. Setting: Cache County, Utah. Participants: Among 4740 respondents (93%) with data sufficient to determine cognitive status at the initial assessment, we identified 200 prevalent cases of AD. …

Social Justice In European Contract Law A Manifesto, Ugo Mattei

Faculty Scholarship

No abstract provided.

The Laudable South Carolina Court Rules Must Be Broadened, Richard Zitrin

Faculty Scholarship

No abstract provided.

The Meaning Of Probability Judgments: An Essay On The Use And Misuse Of Behavioral Economics, Charles M. Yablon

Articles

In this essay, Professor Yablon challenges the assumption that behavioral heuristics-such as the availability heuristic -constitute "biases" that necessarily lead to errors in probability judgments. He notes that there are many different concepts of probability and, in many contexts, no agreed-upon method for determining the correctness of inconsistent probability judgments. Yet many legal academics and policymakers ignore these complex aspects of probability theory, assuming that statistical or frequentist probabilities are always to be preferred over subjective judgments of probability.

Professor Yablon argues that choosing between frequentist and subjective approaches to probability judgments in policymaking can only be done with great …

Monogamy's Law: Compulsory Monogamy And Polyamorous Existence, Elizabeth F. Emens

Faculty Scholarship

Right now, marriage and monogamy feature prominently on the public stage. Efforts to lift prohibitions on same-sex marriage in this country and abroad have inspired people on all sides of the political spectrum to speak about the virtues of monogamy's core institution and to express views on who should be included within it. The focus of this article is different. Like an "unmannerly wedding guest," this article invites the reader to pause amidst the whirlwind of marriage talk and to think critically about monogamy and its alternatives.

Faculty Publications 2003, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 869 publications.

What's So Special About Multinational Enterprises: A Comment On Avi-Yonah, Merritt B. Fox

Faculty Scholarship

My analysis of the legal challenges posed by the growth of MNEs is based on an examination of a number of the examples used by Avi-Yonah to illustrate the working of his framework: piercing the corporate veil for mass torts (as in the Bhopal toxic chemical release), bribery, bankruptcy, child labor and antitrust. My approach focuses on the ways in which MNEs are special. To what extent do particular forms of behavior occurring within MNEs raise regulatory problems similar to problems raised by the same behavior occurring within other institutional arrangements, and to what extent does it raise problems that …

Toyota Jurisprudence: Legal Theory And Rolling Rule Regimes, William H. Simon

Faculty Scholarship

The engineering ideas associated with the Toyota Production System form a model of social organization that departs from bedrock assumptions of mainstream legal thought in both its rights-and-principles and law-and-economics variants.

In contrast to mainstream thought, the Toyota system (1) emphasizes the goals of learning and innovation (rather than of dispute resolution and the vindication of established norms and preferences), (2) combines the normative explicitness associated with formal rules with the continuous adjustment to particularity associated with informal norms (no dialectic of rules and standards), (3) treats normative decisionmaking in hard cases as presumptively collective and interdisciplinary (rather than the …

Thinking Beyond Health To Motivate Dietary Change: Piloting A Vegan Healthy Eating Program For Obesity Management, Mark Alan Berman

Yale Medicine Thesis Digital Library

This pilot study assessed the feasibility, acceptability and efficacy of a novel approach to facilitating dietary change and weight loss in obese adults by presenting vegan environmental, health and farm animal treatment information in a 6 week, group-based, educational nutrition program (called a vegan healthy eating program). Twenty-nine (29) medically stable, obese adults were recruited from 3 ambulatory care clinics at UCSF and enrolled using partial randomization into one of two serially occurring intervention groups (Group 1 n=14, followed by Group 2 n=15). A delayed intervention control group (n=9) was used, consisting of participants enrolled in Group 2 who were …

Alcohol And Injury: An Analysis Of At Risk Drinkers Presenting To The Yale-New Haven Hospital Emergency Room, Hilary Furste Ryder

Yale Medicine Thesis Digital Library

Compared with the population at-large, the Emergency Department (ED) population sees a high percentage of people with alcohol use and abuse problems. Therefore, the ED is well suited for the implementation of alcohol screening and interventions. It is important to be able to identify at risk drinkers who come to the ED for treatment for injury or other medical problems so that interventions may occur. Project ED Health conducted intensive interviews with harmful and hazardous drinkers presenting to the ED for treatment of injury or medical problem. The data was entered into a database and analyzed to find differences between …

Radiological, Physiological And Psychosocial Variables Before And After Uterine Artery Embolization For Fibroids, Elizabeth Kagan Arleo

Yale Medicine Thesis Digital Library

No abstract provided.

Ammonia Release From Organic Decomposition Of Alakaline Thermal Spring Cyanobacterial Mats: Implications For Early Diagenetic Solution Chemistry And Silica Phase Transformations, Jerda A. Smeltzer

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Ethnobotany Of The Northern Cheyenne: Medicinal Plants, Gabriel Ruben Bernier

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Causal Relationships Of Adolescent Aggression: Empathy, Prosocial Behavior, Self Esteem, And Social Support [In Korean], Young Hi Ha, Carolyn P. Edwards

Department of Child, Youth, and Family Studies: Faculty Publications

In this study of adolescent aggression, the subjects were 320 male and female 7th and 8th grade students in Changwon. Data were collected with questionnaires and analyzed by Pearson's correlation and multiple regression analysis. Results showed that, 1) low friend support, empathy, and prosocial behavior had direct paths to adolescent overt aggression. 2) Low teacher and friend support, empathy, and prosocial behavior had direct paths to adolescent verbal aggression. 3) Low empathy and self-esteem were indirectly related to adolescent aggression through low prosocial behavior. 4) Low teacher support was indirectly related to adolescent aggression through low empathy and self-esteem. 5) …

Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali

Faculty Scholarship

No abstract provided.

An Examination Of The Relationship Between Psychological Conditions And The Incidence Of Athletic Injury, Gregory A. Penczek

LSU Master's Theses

The purpose if this investigation was to examine injury rates among college athletes with a diagnosed psychological condition/mental disorder. Participants were drawn from a pool of 440 male and female intercollegiate athletes (ages 18-26 years). All subjects with a psychological disorder were then identified (n=38) and placed in the diagnosis group. A second group was then selected, which consisted of matched pairs of athletes without a psychological diagnosis. Twelve sports were represented in the sample population with an equal number of male (n=26) and female (n=12) participants in each group. The athletic training database was examined via query to identify …

Regulation Of Angiogenesis And Vascular Remodeling By Angiogenic Factors, Taren Michelle Grass

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Not All Stereotypic Biases Are Created Equal: Evidence For A Stereotype-Disconfirming Bias, Na Wyer

School of Psychology

Stereotype-confirming biases are well documented in the social psychological literature. However, motivations to disconfirm social stereotypes may be more influential for unprejudiced individuals. Three experiments are presented that test the hypothesis that extremely unprejudiced people exhibit a bias toward stereotype disconfirmation. Experiment 1 investigates stereotype disconfirmation in information-seeking preferences. Experiments 2 and 3 explore attributional strategies for stereotype disconfirmation. In all experiments, unprejudiced participants respond in ways reflecting a motivation to disconfirm social stereotypes. Implications for stereotype change and stereotypic influences on judgment and behavior are discussed.

Effects Of Hearing Status On Maternal Sensitivity And Infant Response During The First Two Years Of Life, Marie Middleton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Profile Of The Sayisi Dene Nation Of Tadoule Lake In Northern Manitoba, Kwesi Baffoe

Tribal Law Journal

The cultural groups among the Aboriginal peoples of Northern Canada correspond to climatic latitudinal divides. Above the tree line, where the boreal forest meets the tundra, are the Inuit whose territory stretches far into the arctic. South of the tree line are the Dene, and below them are the Cree nations of the prairies. The goal of this paper is to concentrate on the nature of the particular culture of the Dene People.

A Restatement Of The Common Law Of The Grand Traverse Band Of Ottawa And Chippewa Indians, Matthew L.M. Fletcher, Zeke Fletcher

Tribal Law Journal

This this article sets forth the case law propounded by the Grand Traverse Band Tribal Court. The Grand Traverse Band, with whom the United States concluded two treaties in the 19th Century, only to be denied sovereign status wrongly for over one hundred years, was "re-recognized" by the United States in 1980. The 1988 Grand Traverse Band Constitution established a politically independent Tribal Judiciary that has ruled on a wide spectrum of issues ranging from administrative and constitutional law to fishing and gaming, and from sovereign immunity and tribal economic development to tribal membership. The Restatement distills the principles of …

New Methods For Exafs Analysis In Structural Genomics, Grant Bunker, Nicholas Dimakis, Gocha Kelashvili

Physics & Astronomy Faculty Publications

Data analysis is one of the remaining bottlenecks in high-throughput EXAFS for structural genomics. Here some recent developments in methodology are described that offer the potential for rapid and automated XAS analysis of metalloproteins.

A Survey Of Antibiotic Resistance Among Coliform Bacteria Isolated From The Missouri River, Sara E. Mcdonnell, Amy M. Treonis

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

The prevalence of antibiotic resistant microorganisms in the environment is not well known but could represent a challenge to maintaining public health in the future. Fecal waste from livestock facilities, where antibiotics are routinely used, is recognized as a significant source of pollution to surface waters in the United States. We collected water from the Missouri River across a winter to spring seasonal change in order to survey the density of coliform bacteria. We tested bacterial isolates for resistance to penicillin, tetracycline, ampicillin, erythromycin, and ciprofloxacin. Coliform density in Missouri River water generally was high throughout the study (0-405 cfu …