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2004

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Citizens To Preserve Overton Park V. Volpe, Peter L. Strauss Jan 2004

Citizens To Preserve Overton Park V. Volpe, Peter L. Strauss

Faculty Scholarship

This essay is one of a series destined to appear in a Foundation Press book, Administrative Law Stories, now set for publication in the fall of 2005. The decision in Citizens to Preserve Overton Park v. Volpe represents a transition from political to judicial controls over decisions broadly affecting a wide range of community interests. Unmistakable and dramatic as it is, that transition is not universally applauded. But the transition was striking and quick. The late sixties and early seventies saw an explosion of new national legislation on social and environmental issues, that often provided explicitly or implicitly for citizen …


Mome In Hindsight, Ronald J. Gilson, Reinier Kraakman Jan 2004

Mome In Hindsight, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Two decades ago, the Virginia Law Review published our article “The Mechanisms of Market Efficiency” (MOME), in which we tried to discern the institutional underpinnings of financial market efficiency. We concluded that the level of market efficiency with respect to a particular fact depends on which of several market mechanisms — universally informed trading, professionally informed trading, derivatively informed trading, and uninformed trading (each of which we explain below) — operates to reflect that fact in market price. Which mechanism is operative, in turn, depends on how widely the fact is distributed among traders, which, I turn, depends on the …


Speech And Strife, Robert L. Tsai Jan 2004

Speech And Strife, Robert L. Tsai

Scholarly Articles in Law Reviews & Journals

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …


The Future Of Professional Education In Natural Family Planning, Richard J. Fehring Jan 2004

The Future Of Professional Education In Natural Family Planning, Richard J. Fehring

College of Nursing Faculty Research and Publications

Nurses and other health care professionals often have little knowledge of methods of natural family planning (NFP) and do not readily prescribe natural methods for their patients. One reason for this is that little or no information on NFP is provided in nursing or medical schools. The holistic, informational, and integrative nature of NFP fits well with professional nursing practice. A university online distance education NFP teacher training program, which offers academic credit and includes theory, practice, and the latest developments in fertility monitoring, has been developed for health care professionals. Professional NFP services in the United States need to …


A Comparison Of The Fertile Phase As Determined By The Clearplan Easy Fertility Monitor™ And Self-Assessment Of Cervical Mucus, Richard J. Fehring, Kathleen Raviele, Mary Schneider Jan 2004

A Comparison Of The Fertile Phase As Determined By The Clearplan Easy Fertility Monitor™ And Self-Assessment Of Cervical Mucus, Richard J. Fehring, Kathleen Raviele, Mary Schneider

College of Nursing Faculty Research and Publications

The purpose of this study was to compare the fertile phase of the menstrual cycle as determined by the Clearplan Easy Fertility Monitor (CPEFM) with self-monitoring of cervical mucus. One-hundred women (mean age = 29.4 years) observed their cervical mucus and monitored their urine for estrogen and luteinizing hormone metabolites with the CPEFM on a daily basis for 2–6 cycles and generated 378 cycles of data; of these, 347 (92%) had a CPEFM peak. The beginning of the fertile window was, on average, day 11.8 (SD = 3.4) by the monitor and day 9.9 (SD = 3.0) by cervical mucus …


The Wisconsin Fetal Alcohol Syndrome Screening Project, Marianne E. Weiss, Christine E. Cronk, Sandra Mahkorn, Randall Glysch, Sara Zirbel Jan 2004

The Wisconsin Fetal Alcohol Syndrome Screening Project, Marianne E. Weiss, Christine E. Cronk, Sandra Mahkorn, Randall Glysch, Sara Zirbel

College of Nursing Faculty Research and Publications

Problem: Fetal Alcohol Syndrome (FAS) is preventable, under-diagnosed, and under-reported. Wisconsin rates for alcohol use and binge drinking in childbearing-age women exceed the national average. FAS prevalence in Wisconsin has not previously been systematically evaluated. Methods: The Wisconsin Fetal Alcohol Syndrome Screening Project (WFASSP) used a multi-stage, multi-source prospective population-based screening methodology to identify children born in 1998-1999 in Southeast Wisconsin who met a surveillance case definition for FAS. The 4-stage methodology used screening of electronic birth files, abstraction of neonatal medical records, and direct assessment of facial features, growth, and development at age 2 to 3 years. Results: The …


Change In Diet, Physical Activity, And Body Weight In Female College Freshman, Scott M. Butler, David R. Black, Carolyn L. Blue, Randall J. Gretebeck Jan 2004

Change In Diet, Physical Activity, And Body Weight In Female College Freshman, Scott M. Butler, David R. Black, Carolyn L. Blue, Randall J. Gretebeck

College of Nursing Faculty Research and Publications

Objective: To examine diet, physical activity, and body-weight changes associated with relocation from home to university.

Methods: Diet, fitness/physical activity, body-weight parameters and self-efficacy were assessed among 54 freshman women upon college entry and 5 months later.

Results: Although caloric intake significantly decreased, a significant increase occurred in body-weight parameters that may be attributed to significant decreases in total physical activity.

Conclusions: Interventions are needed aimed at increasing physical activity; improving diet quality related to consumption of vegetables, fruits, breads and pasta, and meats; and decreasing alcohol consumption.


Rationalising The Construction Materials Purchasing Process, Alan V. Hore Jan 2004

Rationalising The Construction Materials Purchasing Process, Alan V. Hore

Conference papers

This paper is concerned with the process used in locating and removing inefficiency in the construction materials purchasing process. In the first part, a case study is presented showing the build-up of costs involved in purchasing materials. Potential for substantial savings is revealed. The second part of the paper gives a status report on a rationalisation pilot project currently being undertaken by the Construction Information Technology Alliance (CITA). This project aims to show how greater effectiveness and efficiency can be applied to the administration of the construction materials purchasing process by the application of information technology already used widely in …


A Proposal For Re-Engineering The Procurement Of Building Materials By Effective Use Of Ict, Alan V. Hore, Roger West Jan 2004

A Proposal For Re-Engineering The Procurement Of Building Materials By Effective Use Of Ict, Alan V. Hore, Roger West

Conference papers

This paper seeks to establish the case for re-engineering the procurement of materials in the Irish construction industry. The authors make their observations from witnessing, first-hand, the operation of a purchasing function in a large contracting organisation in the Republic of Ireland. The authors identify the core problems that exist in the current mainly paper-based process and present a strong case for the re-engineering of the process by the adoption of a fully integrated Information Communications Technology (ICT) solution


Enabling The Re-Engineering Of Material Purchasing In The Construction Industry By The Effective Use Of Information Technology, Alan V. Hore, Roger West Jan 2004

Enabling The Re-Engineering Of Material Purchasing In The Construction Industry By The Effective Use Of Information Technology, Alan V. Hore, Roger West

Conference papers

The current methods of ordering, delivering and invoicing of materials in the construction industry is enormously inefficient, with vast quantities of paperwork, duplication of effort, scanning, re-keying and resolving mismatches between invoices, delivery dockets and purchase orders. This paper sets out the results of a successful 2005 pilot project which achieved a three-way electronic match of the purchase order, delivery note and supplier invoice information. The paper goes on to describe the opportunities and challenges of introducing such a system in the Irish construction industry


Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins Jan 2004

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins

Scholarly Articles in Law Reviews & Journals

The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence nor the opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property, without due process of law[.]” While prosecutors may offer many justifications to support the practice of naming unindicted co-conspirators, these reasons …