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2004

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Articles 6511 - 6540 of 71323

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Punitive Damages - A View From England, Andrew Tettenborn Nov 2004

Punitive Damages - A View From England, Andrew Tettenborn

San Diego Law Review

This Article explores the English approach to punitive damages. It begins with a brief history of punitive damages in England and a look at where punitive damages are going in the country. Then, the author discusses the criteria for an award and the possibility of punitive damages for break of contract. Other aspects of punitive damages in England explored in the Article include public defendants, liability, judge and jury and the size of punitive awards.

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National Collaborative Research On How Students Learn Integration: Final Report, Rodger K. Bufford, Randall Lehmann Sorenson, Kimberly R. Derflinger, Mark R. Mcminn Nov 2004

National Collaborative Research On How Students Learn Integration: Final Report, Rodger K. Bufford, Randall Lehmann Sorenson, Kimberly R. Derflinger, Mark R. Mcminn

Faculty Publications - Doctor of Psychology (PsyD) Program

A relational attachment model of how students learn integration at Rosemead and Fuller was replicated with clinical psychology doctoral students at George Fox University and Wheaton College (Illinois). Struc- tural equation modeling of multitrait-multimethod matrices tested how well faculty members could recognize what students readily identify in professors as most useful to students’ integration, and Latent Semantic Anal- ysis interpreted what students found most important.

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Dedicated To The Memory Of Lee E. Teiteitelbaum, Carl E. Schneider Nov 2004

Dedicated To The Memory Of Lee E. Teiteitelbaum, Carl E. Schneider

Articles

When I first met Lee Teitelbaum at a conference two decades ago, I was a novice and he a distinguished scholar. Because my colleagues admired him, I rang his room at the hotel and asked him to join me for dinner. He sweetly agreed. When he opened his door to my knock, I realized that he set standards I could never match-sartorial standards. Who was this king of glory? 1 stood there in my Oshkosh khakis and running shoes, agape and abashed. Despite this unpropitious start, our friendship ripened, and soon I realized Lee set standards of a finer and …

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Upgrading California’S Home Care Workforce: The Impact Of Political Action And Unionization, Candace Howes Nov 2004

Upgrading California’S Home Care Workforce: The Impact Of Political Action And Unionization, Candace Howes

Economics Faculty Publications

Candace Howes examines the recent history of one of California's rapidly growing occupations: home care. As the author's analysis demonstrates, home care has been extensively transformed in recent years through large-scale unionization and coalition-based political action, which have led to major improvements in wages and benefits. Apart from providing many home care workers with better pay, the upgrading of this occupation has also improved the quality of care that clients receive, since higher wages make for lower turnover. The improved working and living conditions that result benefit caregivers and those they serve alike. The author's empirical analysis has obvious ramifications …

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Rabies Deaths In Pakistan: Results Of Ineffective Post-Exposure Treatment, Shehzad Parviz, Rashid Chotani, Joseph Mccormick, Sue Fisher-Hoch, Stephen Luby Nov 2004

Rabies Deaths In Pakistan: Results Of Ineffective Post-Exposure Treatment, Shehzad Parviz, Rashid Chotani, Joseph Mccormick, Sue Fisher-Hoch, Stephen Luby

Community Health Sciences

Objectives: To estimate the incidence of rabies and the effectiveness of post-exposure treatment (PET) in Pakistan.Methods: Rabies cases admitted from July 1993 to December 1994 to a public rabies isolation hospital were analyzed. Two samples (one sample each from a separate peripheral site) of a single batch of sheep brain vaccine (SBV) were also tested for potency by the National Institute of Health (NIH) test in May 1997.Results: Forty patients were admitted with a history of clinical rabies. The median age was 22 years and 55% were under 15. Thirteen (23%) victims did not receive any vaccine; the remaining 27 …

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Gifts By Fiduciaries By Tax Options And Elections, Jonathan G. Blattmachr, Stephanie E. Heilborn, Mitchell M. Gans Nov 2004

Gifts By Fiduciaries By Tax Options And Elections, Jonathan G. Blattmachr, Stephanie E. Heilborn, Mitchell M. Gans

Hofstra Law Faculty Scholarship

Fiduciaries face many tax options and elections during the administration of an estate of trust. The manner in which the fiduciary exercises, or does not exercise, tax elections and options will significantly affect one, some, or all of the beneficiaries. In some cases, it may cause the fiduciary to have made a gift for federal gift tax purposes. This article explores some of the ways in which a fiduciary might be treated as making a gift by exercising or not exercising certain tax elections or options.

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Thymosin Alpha 1 In Combination With Interferon Alpha And Ribavirin In Chronic Hepatitis C Patients Who Are Non-Responders Or Relapsers To Interferon Alpha Plus Ribavirin, Z Abbas, S S. Hamid, S Tabassum, W Jafri Nov 2004

Thymosin Alpha 1 In Combination With Interferon Alpha And Ribavirin In Chronic Hepatitis C Patients Who Are Non-Responders Or Relapsers To Interferon Alpha Plus Ribavirin, Z Abbas, S S. Hamid, S Tabassum, W Jafri

Section of Gastroenterology

Objective: Interferon alpha (IFN-alpha) with or without ribavirin is an approved therapy for patients with chronic hepatitis C. However, a sustained response is achieved in less than 40% of all treated cases. Retreatment of relapsers or non-responders usually fails. Thymosin alpha 1 (Ta-1) is a polypeptide with immunomodulatory properties that has been suggested to increase response rates in patients with chronic hepatitis C. The aim of present study was to evaluate the efficacy of a novel triple regimen which includes Ta-1 for relapsers and non-responders to the combination of TA-1 and ribavirin.Methods: In the present study, 11 patients who relapsed …

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Valuing Life: A Plea For Disaggregation, Cass R. Sunstein Nov 2004

Valuing Life: A Plea For Disaggregation, Cass R. Sunstein

Duke Law Journal

Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. According to that theory, VSL should vary across risks. More controversially, VSL should vary across individuals -- even or especially if the result would be to produce a lower number for some people than for others. One practical implication is that a higher value should be given to programs that reduce cancer risks. Another is that government should use a higher VSL for …

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Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell Nov 2004

Diamond In The Rough: Mining Article 36(1)(B) Of The Vienna Convention On Consular Relations For An Individual Right To Due Process, Brittany P. Whitesell

Duke Law Journal

No abstract provided.

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Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode Nov 2004

Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode

Duke Law Journal

No abstract provided.

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The Degeneralization Of The Generalized System Of Preferences (Gsp): Questioning The Legitimacy Of The U.S. Gsp, Amy M. Mason Nov 2004

The Degeneralization Of The Generalized System Of Preferences (Gsp): Questioning The Legitimacy Of The U.S. Gsp, Amy M. Mason

Duke Law Journal

No abstract provided.

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Hunting And Posting On Private Land In America, Mark R. Sigmon Nov 2004

Hunting And Posting On Private Land In America, Mark R. Sigmon

Duke Law Journal

No abstract provided.

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Shareholder Oppression And “Fair Value”: Of Discounts, Dates, And Dastardly Deeds In The Close Corporation, Douglas K. Moll Nov 2004

Shareholder Oppression And “Fair Value”: Of Discounts, Dates, And Dastardly Deeds In The Close Corporation, Douglas K. Moll

Duke Law Journal

The doctrine of shareholder oppression protects a close corporation minority investor from the improper exercise of majority control. When a minority shareholder establishes "oppressive" majority conduct, a court typically orders the majority to purchase the minority's stock at its "fair value." But what does fair value mean? Further, when is fair value to be measured? The questions are critical ones that affect the lives of countless close corporation investors and that generate an enormous amount of present-day litigation. This Article builds a case for defining fair value as enterprise value in the shareholder oppression context. The Article argues, in other …

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Journal Staff Nov 2004

Journal Staff

Duke Law Journal

No abstract provided.

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Livelihoods, Security And Needs: Gender Relations And Land Reform In South Africa, Susie Jacobs Nov 2004

Livelihoods, Security And Needs: Gender Relations And Land Reform In South Africa, Susie Jacobs

Journal of International Women's Studies

This article focuses on the land reform programme in South Africa as well as on broader questions of rural women’s needs. It draws on interviews with 47 key informants, drawn particularly from the NGO sector, carried out in 2002 and 2003. It examines the importance of ‘land’ compared with wider issues such as personal and bodily security. Despite some encouraging state initiatives, most informants felt that poorer rural women remained marginalized within the land reform programme and more generally. Needs for independent income, health, and personal security were emphasised, with secure access to land seen as potentially beneficial although not …

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The Interrelationship Between Gender-Based Violence And Hiv/Aids In South Africa, Chineze J. Onyejekwe Nov 2004

The Interrelationship Between Gender-Based Violence And Hiv/Aids In South Africa, Chineze J. Onyejekwe

Journal of International Women's Studies

This paper focuses on how gender-based violence intersects with HIV/AIDS in ways too devastating to be ignored. Women’s subordinate position is linked to poverty, sexual abuse/rape, and the risk to women in long-term union. The country’s pioneering steps to establish legal and judicial frameworks for dealing with these problems are discussed.

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Portraits Of Believers: Ahmadi Women Performing Faith In The Diaspora, Huma Ahmed-Ghosh Nov 2004

Portraits Of Believers: Ahmadi Women Performing Faith In The Diaspora, Huma Ahmed-Ghosh

Journal of International Women's Studies

This paper is a look at how South Asian Ahmadi women in Southern California express their agency through their religious performance in the diaspora. This paper also tries to dispel the notion of a homogenized Muslim people and an Islamic faith in the USA. Western feminist work reflects diverse women’s lives and experiences. A study of immigrant women who organize their lives along ethnic (South Asian) and religious (Islam/Ahmadiyyat) prescriptions will contribute to western feminism by expanding its scope, while at the same time challenging its perceived static hegemonic status. Ahmadi women, while cognizant of the gender hierarchy and the …

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Investigating The Dilemmas Of Ethical Social Research, Helen Johnson Nov 2004

Investigating The Dilemmas Of Ethical Social Research, Helen Johnson

Journal of International Women's Studies

The author’s work with a university ethics committee and field research in Pacific New Caledonia is used as a basis to problematise the biomedical research models used by universities in Australia for assessing social research as ethical. The article explores how culturally specific Western emotional bases for ethical decisions are often unexamined. It expresses concerns about gaps in biomedical models by linking the author’s description of field interactions with research participants to debates about the creation of knowledge.

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Grassroots Participation And Feminist Gender Identities: A Case Study Of Women From The Popular Sector In Metropolitan Lima, Peru, Beatriz Padilla Nov 2004

Grassroots Participation And Feminist Gender Identities: A Case Study Of Women From The Popular Sector In Metropolitan Lima, Peru, Beatriz Padilla

Journal of International Women's Studies

As women become active in grassroots organizations, they assume gender consciousness that generally leads them to adopt or experience “feminist gender identities,” which is illustrated with ethnographic material collected in Lima, Peru. I also provide a summary of the latest historical development in Peru as a framework to locate the activism of poor women as a new phenomenon arising with the “globalization crises” or the Lost Decade for Latin America. While I frame the study of women’s participation as part of social movement theory, I challenge and re-interpret traditional approaches to the study of women’s involvement and activities.

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Female Workers In Japan: Opportunities & Challenges, Rajindar K. Koshal, Yuko Yamada, Sasuke Miyazima, Manjulika Kosha, Ashok K. Gupta Nov 2004

Female Workers In Japan: Opportunities & Challenges, Rajindar K. Koshal, Yuko Yamada, Sasuke Miyazima, Manjulika Kosha, Ashok K. Gupta

Journal of International Women's Studies

This study is based on a survey of male and female workers in organizations in and around Nagoya, Japan. It provides insights into gender issues within Japanese business organizations. The study finds that the female managers in Japan assess the managerial skills of women more positively than do their male counterparts. Business organizations in Japan are male-dominated and little is done to help women fit into the business culture. This is especially true when one considers the number of females in management ranks. Female workers in Japanese businesses perceive that they make many positive contributions to the workplace, such as …

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Institutionalized Powerlessness In Context: The Static And Dynamic Nature Of Women’S Status In Rural Bangladesh, Akiko Nosaka, Bradford W. Andrews Nov 2004

Institutionalized Powerlessness In Context: The Static And Dynamic Nature Of Women’S Status In Rural Bangladesh, Akiko Nosaka, Bradford W. Andrews

Journal of International Women's Studies

Understanding the institutional structures surrounding the social status of women is an important topic in studies of gender and inter-generational relationships. This article uses exchange theory to examine the status and familial interactions of women in rural Bangladesh throughout their lives. Overall, their status today remains low but it does fluctuate according to a highly institutionalized pattern of family-based social expectations. Furthermore, this article shows that although the institutions defining a woman’s status appear to be stable, they are also changing because of the society’s exposure to recent worldwide advances in family planning and health care.

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Book Review: Clinical Aspects Of Sexual Harassment And Gender Discrimination- Psychological Consequences And Treatment Interventions, G. Asha Nov 2004

Book Review: Clinical Aspects Of Sexual Harassment And Gender Discrimination- Psychological Consequences And Treatment Interventions, G. Asha

Journal of International Women's Studies

Review of Clinical Aspects of Sexual Harassment and Gender Discrimination- Psychological Consequences and Treatment Interventions by Sharyn Ann Lenhart

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Socio-Cultural, Environmental And Health Challenges Facing Women And Children Living Near The Borders Between Afghanistan, Iran And Pakistan (Aip Region), Iraj M. Poureslami, David R. Maclean, Jerry Spiegel, Annalee Yassi Nov 2004

Socio-Cultural, Environmental And Health Challenges Facing Women And Children Living Near The Borders Between Afghanistan, Iran And Pakistan (Aip Region), Iraj M. Poureslami, David R. Maclean, Jerry Spiegel, Annalee Yassi

Journal of International Women's Studies

For hundreds of years, people in the AIP region (the Afghanistan-Iran-Pakistan borders) have been challenged by conflict and political and civil instability, mass displacement, human rights abuses, drought and famine. Given this sad history, it not surprising that in this region health and quality of life of vulnerable groups are among the worst in the world. In spite of national and international efforts to improve health status of vulnerable populations in this region, the key underlying socio-cultural determinants of health and disparities, i.e. gender, language, ethnicity, residential status, and socio-economic status (SES), have not been addressed or even systematically studied, …

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Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells Nov 2004

Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells

Scholarly Works

While most section 1983 suits are brought against local governments and officials, an increasing number of plaintiffs target private persons and businesses who have collaborated with government in one way or another. In such cases, plaintiffs claim that private entities have acted "under color of state law" in violation of the plaintiffs' rights. They must establish that the defendants are nonetheless "state actors" in order to prevail on the constitutional claims they raise. The broad range of cases includes, among others, efforts to obtain relief against creditors who use self-help remedies, litigation directed at persons who have cooperated with state …

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School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre Nov 2004

School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre

Scholarly Works

This Article examines how the landscape of school funding litigation has changed over the three decades since Serrano and Rodriguez. The first part of the Article sets forth the history of school funding litigation since Serrano and Rodriguez and unravels the legal theories that have driven the school financing cases, explaining past dispositions and point out likely future trends. At first blush it would appear that the attorneys seeking social change through greater equity in school funding are litigating similar issues in each state. Yet judges have approached these matters from different directions with results that vary significantly from state …

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Reconsider Old Taboo, Scott Dodson Nov 2004

Reconsider Old Taboo, Scott Dodson

Popular Media

The recent cries of judicial activism need to be scrutinized. Are decisions like Lawrence and Goodrich really activist and, if so, is that even something to be discouraged? In this op-ed, I look closely at the "activism" of these decisions and conclude that there is nothing inherently activist about them. I also conclude that, even if there is, activism is defensible in certain cases when it returns to the people the power to exercise their own individual liberties.

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Illinois Wesleyan’S Student Nurses’ Association Raises $1000 For Breast Cancer Research, Taylar Kuzniar Nov 2004

Illinois Wesleyan’S Student Nurses’ Association Raises $1000 For Breast Cancer Research, Taylar Kuzniar

News and Events (Discontinued Series)

No abstract provided.

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Law Library Briefs, Roger Williams University School Of Law Library Nov 2004

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

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Law Library Briefs, Roger Williams University School Of Law Library Nov 2004

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

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Apparent Sibling Rivalry In The Freshwater Clam Sphaerium Striatinum, Mark Beekey, Ronald H. Karlson Nov 2004

Apparent Sibling Rivalry In The Freshwater Clam Sphaerium Striatinum, Mark Beekey, Ronald H. Karlson

Biology Faculty Publications

In Sphaerium striatinum, a freshwater brooding bivalve, up to 97.5% of offspring that adults initially produce fail to reach independence. Marsupial sacs, specialized extensions of gill filaments that act as nurseries, initially contain multiple offspring in various sizes and stages of development. However, by the time offspring reach later stages of development, marsupial sacs typically contain only one offspring. Brood mortality is hypothesized to be the result of competition among embryos for nutrients and/or space. Sphaeriid eggs do not contain enough yolk for offspring to complete development. Adults supply additional nutrients required to reach independence. Brood capacity is limited by …

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