Digital Commons Network^™

Arnold V. Lucks, 392 F. 3d 512 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56

Circuit Court Opinions

The plaintiff-appellant, Alan Arnold ("Arnold"), individually and doing business as McCauley Trucking Company, appeals from a judgment entered in the United States District Court for the Eastern District of New York (Amon, J.), dismissing, for lack of subject matter jurisdiction, Arnold's complaint (i) alleging that defendants-appellants, the trustees and fiduciaries of the Local 807 Labor-Management Pension Fund, unlawfully denied Arnold pension benefits and (ii) seeking various forms of legal and equitable relief therefor. On appeal, Arnold contends, inter alia, that the District Court erred in concluding "that Arnold was not an employee as defined by ERISA";^[1] "that he …

Parental Beliefs Regarding Developmental Benefits Of Childhood Injuries, Terri Lewis, David Dilillo, Lizette Peterson

Department of Psychology: Faculty Publications

Objective: To assess parental beliefs that minor childhood injuries play a beneficial role in the development of young children.
Methods: Mothers and fathers of 159 children, ages 15 to 40 months, completed the Injury Attitudes Questionnaire (IAQ), designed to assess parental beliefs that children "learn from" and "toughen up" as a result of experiencing minor injuries.
Results: A main effect for parent gender was found such that fathers endorsed stronger beliefs than did mothers regarding the developmental benefits of injuries.
Conclusions: The accuracy of these beliefs as well as their relevance to parental injury-prevention behaviors is discussed.

The Weekly Challenger, December 23, 2004, The Weekly Challenger, Et Al

Weekly Challenger Newspaper Collection

The December 23, 2004, issue of The Weekly Challenger.

Uk Competition Appeal Tribunal Rules On Oft’S Duty To Refer Mergers For Investigation, Suyong Kim

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On 3 December 2003, the Competition Appeal Tribunal in the UK upheld an application by IBA Health Ltd for judicial review against the Office of Fair Trading's decision not to refer the anticipated merger between iSoft Plc and Torex Plc to the Competition Commissionfor detailed investigation. This is the first case under the new merger control provisions in the Enterprise Act 2002 to come before the Tribunal for judicial review under Section 120 of that Act.

Isolating Adult Psychological Correlates Of Witnessing Parental Violence: Findings From A Predominantly Latina Sample, Corrie A. Davies, David Dilillo, Isaac G. Martinez

Department of Psychology: Faculty Publications

This study examined the relationship between childhood exposure to parental violence and adult psychological functioning in a sample of predominantly Mexican American participants. Questionnaires assessing childhood maltreatment, family environment, and current psychological symptomatology were completed by 142 female undergraduates. Findings revealed that witnessing parental violence in childhood was associated with depressive symptoms, low self-esteem, and trauma symptoms in adulthood, even after controlling for child physical and sexual abuse. However, in subsequent analyses, also controlling for levels of nonphysical family conflict, previous associations between exposure to parental violence and adult symptomatology were reduced, such that trauma-related symptoms remained the sole outcome …

Understanding Perpetrators Of Nonphysical Sexual Coercion: Characteristics Of Those Who Cross The Line, Sarah Degue, David Dilillo

Department of Psychology: Faculty Publications

Sexual coercion is defined here as a form of male sexual misconduct in which nonphysical tactics (e.g., verbal pressure) are utilized to gain sexual contact with an unwilling female partner. This study compares the risk characteristics of sexually coercive (n = 81) and nonoffending college males (n = 223) across several domains. Results revealed that sexual coercers differed from nonoffenders in that they more often subscribed to rape myths, viewed interpersonal violence as more acceptable, reported greater hostility toward females, and perceived male-female relationships as more inherently adversarial. In addition, compared to nonoffenders, sexually coercive males showed stronger indicators of …

Carrie Martin Hancock

African American Funeral Programs

No abstract provided.

Mother Carrie Martin Hancock

African American Funeral Programs

No abstract provided.

Dietary Isoflavones Alter Regulatory Behaviors, Metabolic Hormones And Neuroendocrine Function In Long-Evans Male Rats, Edwin D. Lephart, James P. Proter, Lihong H. Bu, Trent D. Lund, Kenneth Setchell, Gina Ramoz, William R. Crowley

Faculty Publications

Phytoestrogens derived from soy foods (or isoflavones) have received prevalent usage due to their 'health benefits' of decreasing: a) age-related diseases, b) hormone-dependent cancers and c) postmenopausal symptoms. However, little is known about the influence of dietary phytoestrogens on regulatory behaviors, such as food and water intake, metabolic hormones and neuroendocrine parameters. This study examined important hormonal and metabolic health issues by testing the hypotheses that dietary soy-derived isoflavones influence: 1) body weight and adipose deposition, 2) food and water intake, 3) metabolic hormones (i.e., leptin, insulin, T3 and glucose levels), 4) brain neuropeptide Y (NPY) levels, 5) heat production …

Constitutional Law—State Employees Have Private Cause Of Action Against Employers Under Family And Medical Leave Act—Nevada Department Of Human Resources V. Hibbs, 538 U.S. 721 (2003)., Gabriel H. Teninbaum

ExpressO

The Eleventh Amendment of the United States Constitution provides that non-consenting states are not subject to suit in federal court. Congress may, however, abrogate the states’ sovereign immunity by enacting legislation to enforce the provisions of the Fourteenth Amendment. In Nevada Department of Human Resources v. Hibbs, the Supreme Court of the United States considered whether Congress acted within its constitutional authority by abrogating sovereign immunity under the Family and Medical Leave Act (FMLA), which allows private causes of action against state employers to enforce the FMLA’s family-leave provision. The Court held abrogation was proper under the FMLA and state …

Advisory Circular: Reporting Wildlife Aircraft Strikes, J.R. White

Other Bird Strike and Aviation Materials

This Advisory Circular (AC) explains the importance of reporting collisions between aircraft and wildlife, more commonly referred to as wildlife strikes. It also examines recent improvements in the Federal Aviation Administration’s (FAA) Bird/Other Wildlife Strike Reporting system; how to report a wildlife strike; what happens to the wildlife strike report data; how to access the FAA National Wildlife Aircraft Strike Database; and the FAA’s Feather Identification program.

Gsuniverse, 2004-12-21, Office Of Public Affairs

GSUniverse

Newsletter published by Governors State University 2002-2005.

Envirotest Sys. V. Colo. Dep't Of Revenue

Colorado Supreme Court Records and Briefs Collection

No abstract provided.

Wilhelm V. Comm Of Pa

2004 Decisions

USDC for the Middle District of Pennsylvania

Murray Ledger And Times, December 21, 2004, Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Hollman V Cisneros: The Hollman Consent Decree, A Policy Analysis, David C. Broberg

Theses and Graduate Projects

The Hollman Consent Decree was the negotiated settlement in 1995 of a class action lawsuit, Hollman v Cisneros, filed in the fourth district federal judicial court in 1992 by the Legal Aid Society of Minneapolis and the local chapter of the National Association for the Advancement of Colored People, alleging racial discrimination by the City of Minneapolis and its public housing authority.

Despite the decrees call for the relocation of the public housing residents of the four north-side housing projects to areas of lower race and poverty concentrations, the majority of families relocated to other neighborhoods on the north side …

Teaching Harbeson, David K. Dewolf

Journal of Legal Education

No abstract provided.

A Meta-Analytic Review Of The Effects Of High Stress On Eyewitness Memory, Kenneth A. Deffenbacher, Brian H. Bornstein, Steven D. Penrod, E. Kiernan Mcgorty

Department of Psychology: Faculty Publications

In the past 30 years researchers have examined the impact of heightened stress on the fidelity of eyewitness memory. Meta-analyses were conducted on 27 independent tests of the effects of heightened stress on eyewitness identification of the perpetrator or target person and separately on 36 tests of eyewitness recall of details associated with the crime. There was considerable support for the hypothesis that high levels of stress negatively impact both types of eyewitness memory. Meta-analytic Z-scores, whether unweighted or weighted by sample size, ranged from -5.40 to -6.44 (high stress condition–low stress condition). The overall effect sizes were -.31 for …

Public Health, Primary Care, And Privatization

Florida Public Health Review

No abstract provided.

Willard Keith Bacon V. Norma Jean Bacon, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Samorządowy Model Ochrony Zdrowia. Przegląd Systemów I Reform W Wybranych Krajach Unii Europejskiej, Alicja Sobczak

European Management Studies

The article offers a description of characteristics of a local governmental model of health care. According to the author, these characteristics are: the domination of public sources of financing (especially local governments' budgets), the distribution of money on health care by the local government and administration, local government's ownership of most health-care units, availability of health-care services to every citizen. The article describes local governmental health care in the Scandinavian countries and Spain, presenting similarities and differences between particular systems and the reforms they have gone through. Special note was taken of the regulative function of the state and the …

Skuteczność A System - Finansowanie Ochrony Zdrowia W Krajach Unii Europejskiej. Porównanie, Przemysław Świder

European Management Studies

The health-care systems functioning in the EU countries have emerged as results of varying long- and short-term conditions of political, cultural, social, and economic nature. All these factors have led to the situation in which there is a multitude of organisational and financial methods applied to health care in these countries. Despite the increase of migratory movements within the so-called common market, which brings about the need for a more intensive and regulated exchange of technology and information about the organisation of health care in each country to regulate the movement of medical personnel and patients, the organisation and financing …

Restrukturyzacja Finansowa, Organizacyjna I Własnościowa Zakładów Opieki Zdrowotnej, Małgorzara Winter

European Management Studies

The reforms undertaken in Poland have substantially changed the situation of many economic subjects. Among them are also heath-care units. The sphere of public services, in which health care is included, has been undergoing deep and dynamic changes consistent with the trends characteristic for the economy as a whole: the system of central planning is being replaced with free market economy. These changes call for an urgent and radical transformation of the present health-care management system. The article addresses the issues of financial and organisational reforms of the health-care sector that are being planned. The major goal set by the …

Farmakoekonomika Jako Narzędzie Zarządzania Zasobami Ochrony Zdrowia, Marcin Czech

European Management Studies

According to WHO, proper evaluation of health-care programmes needs to take into consideration not only their efficacy and safety, but also their cost-effectiveness. Scarcity of resources in health-care systems triggered the necessity of economic assessment of medical procedures. Following international examples, economic evaluation of health-care programmes is starting to play an increasing role in Poland. Applying the broadest view, economic evaluation is defined as the comparative analysis of alternative courses of action in terms of their costs and consequences. This definition includes economic evaluation of prescribed drugs, summarised by the term pharmacoeconomics (from Greek "pharmacon" - drug, and Greek "oikonomia" …

Udział Wydatków Na Ochronę Zdrowia W Wydatkach Gospodarstw Domowych W Polsce W Latach 1995-2002, Zofia Skrzypczak, Józef Haczyński

European Management Studies

The aim of this study - based on the research of households' budgets conducted by GUS (Central Statistical Office) - was the share analysis of health-care expenditures in all types of expenditures in Polish households in years 1995-2002. The authors analysed also: the changes of this share over the years and the dynamics of these changes. Special note was taken of, prevailing in the Polish society, pensioners' and employees' households by analysis of the expenditures on health care in the group of the richest (20% of population of the highest income) and the poorest (20% of population of the lowest …

Systemy Zarządzania Jakością W Polskiej Opiece Zdrowotnej, Maciej Mądrala

European Management Studies

Together with the reform of the Polish health-care system and rationalising of financing process, the efforts of gaining patients and providing best quality would get highest importance. The Total Quality Management philosophy that analyses the patients' needs and implements continuous quality improvement activities is recognised as the most efficient among many quality assurance and improvement initiatives. In order to identify, describe and measure the developmental stage of quality systems across Polish health care, a survey has been performed. Also the problems and motivators of quality management in Poland were identified. Fifty seven purposely selected hospitals took part in the study …

Systemy Refundacji I Metody Regulowania Cen Leków, Katarzyna Nędzi

European Management Studies

Because of the increasing expenditure on health care, the great majority of countries are looking for methods of reducing treatment costs. Health authorities apply a number of instruments to control prices of pharmaceuticals and their reimbursement in order to ensure the availability of adequate supplies of medicinal products at a reasonable cost, which largely depends on the specificity of medicines that improve people's health and save their lives. The paper presents methods of limiting expenditure on medicines as well as examples of national policies on price setting and reimbursement systems. It also demonstrates how European Union approaches the issues regarding …

Wymogi Prawne Dla Wprowadzenia Niepublicznego Dodatkowego Ubezpieczenia Zdrowotnego W Polsce, Maciej Dercz

European Management Studies

Having introduced the compulsory health insurance in Poland, the government failed to create a legal framework for non-compulsory additional health insurance despite the fact that most experts suggested such a solution. The article discusses the choice of additional health insurance currently available and the possibility of changing the law concerning this problem.

Marketingowa Koncepcja W Opiece Zdrowotnej - Kontrowersje I Specyfika, Iga Rudawska

European Management Studies

Since the controversial article entitled "Broadening the Concept of Marketing" written by Kotler and Levy, arguments continue to abound as to the extent and success of the marketing in health-care sector. This article identifies the core critical issues addressed to marketing concept and explores the inherent difficulties of using marketing in health care. The study also presents the findings of a regional survey conducted to determine the degree of acceptance of marketing instruments in the practice of health-care units. The article concludes that marketing needs to be tailored to the particular culture of health-care sector rather than copied from the …

Analiza Ekonomiczna W Ochronie Zdrowia - Ograniczenie Kosztów Czy Zwiększenie Opłacalności?, Joanna Lis

European Management Studies

Economic assessment in health-care sector is an analysis of two or more alternative therapeutic programmes in respect of their costs and outcomes. Pharmacoeconomics is an economic assessment of pharmaceutical products, i.e. drugs. The aim of the pharmacoeconomic analysis is to supply information useful for the decision-making process concerning the rational allocation of health sector's expenditures. The economic analysis precisely describes the additional value of a particular treatment program for the society and presents arguments that help to choose the optimal one as well. Utilisation of economic analyses results in health sector decision making allows increasing the profitability of treatment, which …