Digital Commons Network^™

April - June 2004 Quarterly Report, Unm Health Sciences Library & Informatics Center

Native Health Database project records

NHDs quarterly report.

Entrance, Fanfare And Elegy, Alan Schmitz

New Mexico Composers' Archive

No abstract provided.

Neutrosophic Dialogues, Florentin Smarandache, Feng Liu

Branch Mathematics and Statistics Faculty and Staff Publications

Thanks to Dr. Smarandache for his interest in Chinese culture. I cannot decline his warm request to write the preface, even with my fragments of knowledge – no insight nor wisdom, and therefore can be misleading. I have been extremely regretful for my ideological errors and mistakes in previous publications, especially those concerning Buddhism. As I mentioned in this book, I am not qualified. So please note that I am limited in my knowledge and enlightenment of the giant of Chinese heritage. I can express nothing more than my personal bias. In what aspect can Chinese culture be distinctive from …

Developing The Eighth Amendment For Those Least Deserving Of Punishment: Statutory Mandatory Minimums For Non-Capital Offenses Can Be Cruel And Unusual When Imposed On Mentally Retarded Offenders, Timothy Cone

New Mexico Law Review

No abstract provided.

Indirect Funding Of Sectarian Schools: A Discussion Of The Constitutionality Of State School Voucher Programs Under Federal And New Mexico Law After Zelman V. Simmons-Harris, B. Douglas Wood

New Mexico Law Review

No abstract provided.

Introduction, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Economic Growth And Valuation Of The Environment: A Debate, Edited By Ekko C. Van Lerland, Jan Van Der Straaten & Herman Vollebergh, Olaf Werder

Natural Resources Journal

No abstract provided.

Improving Regulation: Cases In Environment, Health, And Safety, Edited By Paul S. Fischbeck & R. Scott Farrow, Joseph M. Little

Natural Resources Journal

No abstract provided.

Turning To Tacitus, James Bacchus

Vanderbilt Journal of Transnational Law

What do we learn when, finally, we turn to Tacitus? Here, in our middle age, it is true that "the few of us that survive are no longer what we once were." Even so, we may be tempted, like some who opposed the oppressive rule in Rome, to see ourselves as "the last of the free.' If so, what, then, are we willing to do to preserve our freedom? What are we willing to sacrifice to save Rome?

Will we simply salute and shed a tear? Will it be said of us, as Tacitus said of the Romans during the …

Toward A Comprehensive Response To The Transnational Migration Of Unaccompanied Minors In The United States, Carolyn J. Seugling

Vanderbilt Journal of Transnational Law

The number of unaccompanied minors seeking asylum has dramatically increased in recent years. The international response has been both varied and at times opposed to the best interests of unaccompanied minors. The United States has chosen to respond through changing unaccompanied minors' care and custody without addressing the need for changes in their substantive rights. However, it is necessary to broaden the interpretation of asylum standards to secure unaccompanied minors' legal rights as children who suffer persecution because they lack primary caregivers.

Inhibition Of Nitric Oxide Inhibition Of Nitric Oxide Synthase Does Not Alter Dynamic Cerebral Autoregulation In Humans, Rong Zhang, Thad E. Wilson, Sarah Witkowski, Jian Cui, Craig G. Crandall, Benjamin D. Levine

Exercise and Sport Studies: Faculty Publications

The aim of this study was to determine whether inhibition of nitric oxide synthase (NOS) alters dynamic cerebral autoregulation in humans. Beat-to-beat blood pressure (BP) and cerebral blood flow (CBF) velocity (transcranial Doppler) were measured in eight healthy subjects in the supine position and during 60° head-up tilt (HUT). NOS was inhibited by intravenous N G-monomethyl-L-arginine (L-NMMA) infusion. Dynamic cerebral autoregulation was quantified by transfer function analysis of beat-to-beat changes in BP and CBF velocity. Pressor effects of L-NMMA on cerebral hemodynamics were compared with those of phenylephrine infusion. In the supine position, L-NMMA increased mean BP from 83 ± …

Vasoconstrictor Reserve And Sympathetic Neural Control Of Orthostasis, Qi Fu, Sarah Witkowski, Benjamin D. Levine

Exercise and Sport Studies: Faculty Publications

Background—We tested the hypothesis that individual variability in orthostatic tolerance is dependent on the degree of neural and vasomotor reserve available for vasoconstriction.

Methods and Results—Muscle sympathetic nerve activity (MSNA) and hemodynamics were measured in 12 healthy young volunteers during 60° head-up tilt (HUT), followed by a cold pressor test (CPT) in HUT. Orthostatic tolerance was determined by progressive lower-body negative pressure (LBNP) to presyncope. The same protocols were performed randomly in normovolemic and hypovolemic conditions. We found that mean arterial pressure increased and stroke volume decreased, whereas heart rate (HR), MSNA, and total peripheral resistance (TPR) increased during HUT …

Innocent Spouses: A Critique Of The New Laws Governing Joint And Several Tax Liability, Lily Kahng

Faculty Articles

This article provides a framework for such interpretation and implementation of the new innocent spouse laws. The author presents an overview of the current tax law treatment of married joint filers under which joint and several liability is imposed unless relief is available under the new innocent spouse laws. The article then examines the tax rationales that have traditionally been offered for imposing joint and several liability. The author concludes that because the fiction of marital unity is deeply embedded in our tax system, joint and several liability for married joint filers is likely to remain the law. While it …

Medication Misadventures: The Interaction Of International Reference Pricing And Parallel Trade In The Pharmaceutical Industry, Lana Kraus

Vanderbilt Journal of Transnational Law

Governments in developing countries seeking to combat the rising costs of health care have increasingly focused on the pharmaceutical industry. They often set the amount they will pay for pharmaceutical prices through reference to other countries' prices when negotiating with pharmaceutical companies in an effort to control health care expenditures. This system of international reference pricing inhibits access to essential pharmaceuticals in underdeveloped countries and decreases pharmaceutical innovation and equitable research and development cost-sharing between developed countries.

This Note explores the tension between market forces in the pharmaceutical industry and promoting pharmaceutical innovation, equitable research, development cost-sharing, and access to …

Perpetuation Of The Foreign Earned Income Exclusion, Hale E. Sheppard

Vanderbilt Journal of Transnational Law

This Article discusses Section 911 of the Internal Revenue Code, also known as the Foreign Earned Income Exclusion (FEIE), as an example of a provision that has been sustained, not on the basis of sound economic analysis and compliance with established U.S. international tax policy, but rather because of effective lobbying and political circumstance. First providing an overview of the U.S. system of worldwide taxation, and the place of the FEIE within that framework, Mr. Sheppard explores the forces underlying the perpetuation of the FEIE. He demonstrates that FEIE is inconsistent with each of the primary components of U.S. international …

Let's Dump The 1916 Antidumping Act: Why The 1994 Gatt Provides Better Price Protection For U.S. Industries, Nicole Disalvo

Vanderbilt Journal of Transnational Law

The U.S. Congress is currently considering a vote to repeal the 1916 Antidumping Act. The 1916 Antidumping Act makes the importation of foreign goods that were sold below market prices illegal if the foreign company had the "intent [to] destroy or injure an industry in the United States." Few claims have been adjudicated under the 1916 Act since its passage, and no plaintiff has won a case based solely on the 1916 Antidumping Act. Commentators reason that the strict intent requirement or the availability of remedies in other antitrust statutes has contributed to this phenomenon. Recently, there has been debate …

How The New European Union Constitution Will Allocate Power Between The Eu And Its Member States--A Textual Analysis, Stephen C. Sieberson

Vanderbilt Journal of Transnational Law

The new European Union Constitution, if ratified by the EU's Member States, will replace the existing EC Treaty and Treaty on European Union. The Author analyzes the text of the Constitution to determine how it balances the functions and powers of the EU institutions with the role of the Member State governments within the EU system. Topic areas include the characteristics of the EU, the Union's values and objectives, and the substantive areas of EU activity. In each area the Constitution reveals a determined effort by its drafters to emphasize the corresponding characteristics, values, and powers of the Member States. …

Old Man And The Sky: The Brazilian Antitrust Implications For Rupert Murdoch's Expansion Of The Sky Global Satellite Network, Geoffrey Drake

Vanderbilt Journal of Transnational Law

To expand its global satellite network to the United States, Rupert Murdoch's News Corporation purchased DirecTV in 2003. Brazil's antitrust regulatory body, CADE, has expressed concern about a potential monopoly in the Brazilian satellite market controlled by Murdoch because News' Sky Latin America competes directly with DirecTV. If News opts to combine the two Brazilian satellite services, it will consolidate control of ninety-five percent of Brazil's satellite market, leaving satellite and cable competitors at a disadvantage. The Author argues that CADE should conditionally approve the acquisition because of the combination's ability to benefit Brazilian consumers, the government, and News Corporation …

Rebuilding A Broken Regime: Restructuring The Export Administration Act, Nathan T.H. Lloyd

Vanderbilt Journal of Transnational Law

The Export Administration Act (EAA) authorizes the President to control the export of "dual-use" goods and technology for national security and foreign policy purposes. "Dual-use" items are goods or technology that are commercial or civil in nature and can be used to produce sophisticated, dangerous weaponry. The EAA expired ten years ago, and although it has been continued by various Executive Orders since, Congress has failed to renew the legislation. As part of the larger export control regime in the United States, the EAA has been an utter failure. Dual-use goods have made their way into the hands of a …

From Everson To Zelman: The Advent Of True Private Choice And The Erosion Of The Wall Between Church And State, Melinda Barker

Santa Clara Law Review

No abstract provided.

All For The Love Of A Child: The Current State Of California's Grandparent Visitation Statute In Light Of Troxel V. Granville, Michael Varela

Santa Clara Law Review

No abstract provided.

Peer-To-Peer File Sharing And Copyright Infringement: Danger Ahead For Individuals Sharing Files On The Internet, Richard Swope

Santa Clara Law Review

No abstract provided.

Beyond Welfare Reform: Can We Build A Local Welfare State, Frank Munger

Santa Clara Law Review

No abstract provided.

The Needs Of Members In A Legitimate Democratic State, John A. Powell

Santa Clara Law Review

No abstract provided.

A Proposed Amendment To The California Public Records Act: Balancing Privacy And Public Access, Nora Culver

Santa Clara Law Review

No abstract provided.

Investigating Microcosms And Macrocosms: The History Of The Department Of Chemistry And Physics 1853-2003 At Arcadia University (Formerly Beaver College), Arthur Breyer

University Records

This unpublished manuscript by Professor Emeritus Arthur Breyer covers the history and development of the Department of Chemistry and Physics at Arcadia University (Beaver College) from its beginnings in 1853 until 2003. Topics covered include the role of the physical sciences and the department in the development of the University; departmental accreditation with the American Chemical Society; faculty biographies, awards, and grants; and student awards, senior thesis topics, accomplishments, and outcomes.

The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo

Articles

Infertility affects approximately ten percent of the reproductive-age population in the United States, and strikes people of every race, ethnicity and socio-economic level. It is recognized by the medical community as a disease, one with devastating physical, psychological, and financial effects. Nonetheless, comprehensive coverage of infertility treatments under employer-sponsored plans - where, like Jane, most Americans get health insurance - appears to be the exception rather than the rule. Can Jane sue for disability discrimination, sex discrimination, or both? While the answer - "it depends" - should not be surprising to anyone who has survived even a semester of law …

What’S In A Name?: Seeing Feminism, Universalism, And Modernity, Zillah Ruth Eisenstein

Wagadu: A Journal of Transnational Women's & Gender Studies

Women’s rights activists have claimed–and disowned–the label “feminist.” This article revisits old questions in feminist discourse and probes what feminism(s) mean today for women across the globe. It explores the possibility of a polyversal feminism which expresses women’s potential humanity and moves beyond divisions. The plural acts of resistance to Empire are neither western or non-western. Women activists are encouraged to radically pluralize, rather than liberally pluralize the concept of feminism.

When The Safety Net Fails: An Analysis Of Alternative Long-Term Care Services In Kentucky, Suzanne Dale

MPA/MPP/MPFM Capstone Projects

The Problem

In early 2003, the Kentucky Cabinet for Health Services, faced with a $450 million Medicaid shortfall, implemented several cost-cutting measures to the Medicaid program. The most visible measure included new stricter medical eligibility requirements for long-term care programs. As a result of these new requirements, approximately 2,813 elderly and disabled Kentuckians were denied services in Kentucky’s Aged/Disabled Home and Community-Based Waiver Program, a Medicaid program that provides long-term care services in people’s homes and in community-settings. The Cabinet for Health Services claimed that those who lost home and community-based Medicaid services could receive care through alternative state programs. …

Identifying The Potential Advantages And Disadvantages Of Creating A Separate Foundation For Development At The University Of Kentucky, David Shellhorse

MPA/MPP/MPFM Capstone Projects

Statement of Issue

The question of whether or not the University of Kentucky should create a legally independent, institutionally related foundation to receive, hold, invest, and administer the private gift support of the University has been an ongoing debate between UK administrators for many years. This study seeks to identify the potential advantages and disadvantages of creating such a foundation by: (1) conducting a qualitative analysis consisting of personal interviews with officials from the University of Kentucky, the University of Louisville, Western Kentucky University, and Murray State University; and (2) conducting a quantitative regression analysis to determine whether or not …