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2005

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Articles 18271 - 18300 of 22466

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The Hyporheic Zone : Physical And Ecological Processes In Small Sand-Bed Streams / By John Michael Stofleth, John Michael Stofleth Jan 2005

The Hyporheic Zone : Physical And Ecological Processes In Small Sand-Bed Streams / By John Michael Stofleth, John Michael Stofleth

Electronic Theses and Dissertations

No abstract provided.

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The Politics Of Katrina In New Orleans: A View From Ground Zero, Christine L. Day, Marc R. Rosenblum Jan 2005

The Politics Of Katrina In New Orleans: A View From Ground Zero, Christine L. Day, Marc R. Rosenblum

Political Science Faculty Publications

What is New Orleans like today? What will it take to return the city to some semblance of normalcy? Stunned by the events and revelations of governmental incompetence since Katrina, we review Katrina's aftermath and chime in on current policy debates about the city’s future. Our love for New Orleans may compromise our objectivity, but we find scholarly inspiration in three excellent articles in the last issue of The Forum.

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Nicaragua From A Student's Perspective, Holly Bennett Jan 2005

Nicaragua From A Student's Perspective, Holly Bennett

Grand Valley Review

No abstract provided.

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Bridging The Chasm Between Philosophies: A Novice Composition Instructor's Thoughts On Evaluation And Grading, Mary Kay Wildenhain-Belant Jan 2005

Bridging The Chasm Between Philosophies: A Novice Composition Instructor's Thoughts On Evaluation And Grading, Mary Kay Wildenhain-Belant

Language Arts Journal of Michigan

No abstract provided.

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As Two Become One : The Lived Experience Of A Twinless Twin, Jody Ness Jan 2005

As Two Become One : The Lived Experience Of A Twinless Twin, Jody Ness

Electronic Theses and Dissertations

Twins enter life as a pair and are often viewed so in later life. After the death of a co-twin, twins feel like they have lost part of themselves, leaving them alone, often without professional help. No nursing research has provided insight into the experience of a twin who has lost their co-twin. The purpose of this research was to explore and describe the lived experience of a twin who has lost their co-twin. The aim was to generate an understanding of the unique bond and sense of loss experienced by twinless twins. Phenomenology and Attachment Theory were utilized to …

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Special Masters In State Court Complex Litigation: An Available And Underused Case Management Tool, Lynn Jokela, David F. Herr Jan 2005

Special Masters In State Court Complex Litigation: An Available And Underused Case Management Tool, Lynn Jokela, David F. Herr

William Mitchell Law Review

This article examines the role masters have played in litigation and explores the benefits that might be obtained from the greater use of masters in the future. The FJC survey of federal judges appointing special masters concluded that special masters were “extremely or very effective.” The FJC study is an empirical survey of the effectiveness of special masters, and it includes commentary from judges regarding their experience after appointing special masters. These benefits include better, faster, and fairer resolution of litigation in the cases in which masters are used, as well as an easing of the burdens these cases place …

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Conflicts Credentialing: Hospitals And The Use Of Financial Considerations To Make Medical Staffing Decisions, James W. Marks, Jayme R. Matchinski Jan 2005

Conflicts Credentialing: Hospitals And The Use Of Financial Considerations To Make Medical Staffing Decisions, James W. Marks, Jayme R. Matchinski

William Mitchell Law Review

The emerging practice of conflicts credentialing represents a significant change in the economic and professional interests of physicians and in the relationship between medical staffs and hospitals. In this article, the authors explain the interrelationship between the authority of hospitals and medical staffs to manage their respective affairs and the legal developments that have led toward conflicts credentialing. The authors next discuss the medical community’s reaction to conflicts credentialing and the legal challenges facing the use of economic factors in physician credentialing.

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Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory Jan 2005

Note: Capping Noneconomic Damages In Medical Malpractice Suits Is Not The Panacea Of The “Medical Liability Crisis”, Melissa C. Gregory

William Mitchell Law Review

This note explores the history behind the rising costs of medical malpractice insurance rates and the responsive state legislative proposals to limit noneconomic damages. The current state of health care liability and the recent federal proposals that include caps on noneconomic damages are then discussed. This note analyzes the reasons why the federal government should not cap noneconomic damages, primarily because: (1) states are better able to regulate health care, (2) noneconomic damages are not the determinate cause of rising medical malpractice insurance rates, and (3) caps infringe on equal protection guarantees by limiting compensation of medical malpractice victims. This …

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Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck Jan 2005

Note: Exclusive Licensing Of Dna Diagnostics: Is There A Negative Effect On Quantity And Quality Of Healthcare Delivery That Compels Nih Rulemaking?, Edward Weck

William Mitchell Law Review

This comment surveys the costs of deoxyribonucleic acid (DNA) diagnostic tests and argues in favor of non-exclusive licensing as a means to provide broad access to affordable DNA diagnostic testing. Part II provides background information on genetic testing, patenting genes as applied to genetic testing, the Bayh-Dole Act, and technology transfer. In addition, Part II summarizes academic commentary regarding the implications of exclusive licensing for biotechnology. Scholars propose a number of solutions, including expanding the experimental use exception. Part III details proposed rulemaking for DNA diagnostics. Part IV reviews anecdotal examples of genetic testing for breast cancer, hereditary hemochromatosis, and …

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For As Long As The Sun Shall Rise And The Mountains Cast Their Shadows, Betty K. Henderson-Matthews Jan 2005

For As Long As The Sun Shall Rise And The Mountains Cast Their Shadows, Betty K. Henderson-Matthews

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Note: Poison In Our Own Backyards: What Minnesota Legislators Are Doing To Warn Property Purchasers Of The Dangers Of Former Clandestine Methamphetamine Labs, Signe Land Levine Jan 2005

Note: Poison In Our Own Backyards: What Minnesota Legislators Are Doing To Warn Property Purchasers Of The Dangers Of Former Clandestine Methamphetamine Labs, Signe Land Levine

William Mitchell Law Review

The article begins with an overview of the problems of meth abuse and manufacture in Minnesota, as well as the toxins that are left behind after physical evidence of meth labs has been removed. A discussion of current statutory seller disclosure provisions in Minnesota and in other states then follows. The article next analyzes proposed Minnesota legislation that has attempted to address the problem. A survey follows of six statutory models that provide guidance for drafting legislation to encompass disclosure, buyers’ remedies, filing forms in county land records, and requiring state-wide standards for proper cleanup. Finally, a comprehensive workable solution …

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Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting Jan 2005

Note: Minnesota’S Proposed Same-Sex Marriage Amendment: A Flamingly Unconstitutional Violation Of Full Faith And Credit, Due Process, And Equal Protection, Jolynn M. Schlichting

William Mitchell Law Review

This note examines the constitutionality of Minnesota’s proposed marriage amendment. The note begins with a description of the recent national events leading up to the amendment’s proposal, followed by a discussion of the history of marriage in Minnesota, including passage of the Defense of Marriage Act in May 1997. Next, the note examines the language of Minnesota’s proposed marriage amendment and briefly addresses the process of amending state constitutional provisions. It then analyzes the proposed amendment’s constitutionality under the Full Faith and Credit Clause, the Due Process Clause, and the Equal Protection Clause of the United States Constitution. Finally, the …

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State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson Jan 2005

State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson

William Mitchell Law Review

This note first discusses the Minnesota Supreme Court’s use of the Minnesota Constitution to provide broader protections for its citizens in the area of Fourth Amendment search and seizure law. This note then explains the rationale for the Minnesota Supreme Court’s decision in Askerooth. Finally, this note discusses the Atwater decision and whether it was necessary for the Minnesota Supreme Court to decide Askerooth under the state constitution.

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Child Witnesses: Common Ground And Controversies In The Scientific Community, Livia L. Gilstrap, Kristina Fritz, Amanda Torres, Annika Melinder Jan 2005

Child Witnesses: Common Ground And Controversies In The Scientific Community, Livia L. Gilstrap, Kristina Fritz, Amanda Torres, Annika Melinder

William Mitchell Law Review

No abstract provided.

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The Conflicted Treatment Of Postpartum Psychosis Under Criminal Law, Cristie L. March Jan 2005

The Conflicted Treatment Of Postpartum Psychosis Under Criminal Law, Cristie L. March

William Mitchell Law Review

No abstract provided.

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The Risky Business Of Conducting Risk Assessments For Those Already Civilly Committed As Sexually Violent Predators, John Matthew Fabian Jan 2005

The Risky Business Of Conducting Risk Assessments For Those Already Civilly Committed As Sexually Violent Predators, John Matthew Fabian

William Mitchell Law Review

No abstract provided.

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Essay: Are We Failing Our Children And Their Families? Children's Mental Health And The Misuse Of The Chips Process, Roberta Opheim, Michael L. Woods Jan 2005

Essay: Are We Failing Our Children And Their Families? Children's Mental Health And The Misuse Of The Chips Process, Roberta Opheim, Michael L. Woods

William Mitchell Law Review

No abstract provided.

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When The Bough Breaks: Traumatic Paralysis—An Affirmative Defense For Battered Mothers, Geneva Brown Jan 2005

When The Bough Breaks: Traumatic Paralysis—An Affirmative Defense For Battered Mothers, Geneva Brown

William Mitchell Law Review

No abstract provided.

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Recovery With Results, Not Rhetoric, Joseph Marrone, Heike Boeltzig Jan 2005

Recovery With Results, Not Rhetoric, Joseph Marrone, Heike Boeltzig

All Institute for Community Inclusion Publications

This report was undertaken by staff from the Institute for Community Inclusion at the University of Massachusetts Boston pursuant to a task order from the Office of Disability and Employment Policy within the U.S. Department of Labor. While the great majority of the funding was provided by ODEP with an additional small amount allocated by the Substance Abuse and Mental Health Services Administration of the U.S. Department of Health and Human Services, the intent of this report was to provide guidance to both ODEP and the Employment Training Administration. This focus is meant to assist them in their respective roles …

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Clinical Progression Of Cognitive Decline And Oral, Christy J. Folks Jan 2005

Clinical Progression Of Cognitive Decline And Oral, Christy J. Folks

Electronic Theses and Dissertations

No abstract provided.

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Florence Hedlestone Crane : A Mississippi Woman Painting In Korea, Mayumi Morishita Jan 2005

Florence Hedlestone Crane : A Mississippi Woman Painting In Korea, Mayumi Morishita

Electronic Theses and Dissertations

No abstract provided.

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Adhd Symptom Endorsement And Its Relationship To The Social And Risk Behavior, Academic Performance, And Adjustment Of College Students, Carly Green Jan 2005

Adhd Symptom Endorsement And Its Relationship To The Social And Risk Behavior, Academic Performance, And Adjustment Of College Students, Carly Green

Electronic Theses and Dissertations

No abstract provided.

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Survey Of Speech-Language Pathologists' Knowledge Of The Transdisciplinary Service Model, Kimmerly Kenyatta Harrell Jan 2005

Survey Of Speech-Language Pathologists' Knowledge Of The Transdisciplinary Service Model, Kimmerly Kenyatta Harrell

Electronic Theses and Dissertations

No abstract provided.

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Think : An Installation, Kathleen Moore Jan 2005

Think : An Installation, Kathleen Moore

Electronic Theses and Dissertations

No abstract provided.

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Constitutional Tort Reform, Mark A. Geistfeld Jan 2005

Constitutional Tort Reform, Mark A. Geistfeld

Faculty Articles

This article, written for the first annual Access to Justice symposium at Loyola Law School of Los Angeles, addresses the implications of due process for tort reform. In a line of relatively recent cases, the U.S. Supreme Court has held that a tort award of punitive damages must satisfy the procedural and substantive requirements of the Due Process Clause of the U.S. Constitution. So far, constitutional tort-reform has been limited to punitive damages, but such reform is not necessarily limited to this area of tort law. As the article argues, other important tort practices raise the same sort of due …

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A Tale Of Two Jurisdictions And An Orphan Case: Antitrust, Intellectual Property And Refusals To Deal, Eleanor M. Fox Jan 2005

A Tale Of Two Jurisdictions And An Orphan Case: Antitrust, Intellectual Property And Refusals To Deal, Eleanor M. Fox

Faculty Articles

This Essay examines both the U.S. law and the EU law through the window of a recent U.S. case: New York Mercantile Exchange v. Intercontinental Exchange (“NYMEX”). The NYMEX facts are similar in concept to the facts in IMS but present a stronger case for liability. The Essay argues that the opinion in NYMEX, along with a growing set of U.S. cases, interprets Trinko to impose rigid requirements on a Section 2 plaintiff, not all of which are inherent in Trinko. It argues that the formalistic post-Trinko analysis, which would require dismissal of cases that do not fit within one …

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Taxing The Promise To Pay, Gregg Polsky, Brant J. Hellwig Jan 2005

Taxing The Promise To Pay, Gregg Polsky, Brant J. Hellwig

Faculty Articles

The IRS recently disclosed that it has identified more than 100 executives at 42 leading public corporations that participated in a tax shelter designed to defer the recognition of income from the exercise of stock options. While the agency thus far has identified approximately $700 million in unreported gains from these shelters, it predicts that the revenue loss to the government will ultimately exceed $1 billion. Compared to most tax shelters, this particular transaction (commonly known as the Executive Compensation Strategy or ECS) is remarkably simple. Rather than exercise the options individually, a participating executive instead transfers the options to …

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Evaluation Of Very High Bond (Vhb) Pressure Sensitive Acrylic Foam And Adhesive Transfer Tape Aluminum Bonded Joints Subjected To Environmental Aging, Manoj Anakapalli Jan 2005

Evaluation Of Very High Bond (Vhb) Pressure Sensitive Acrylic Foam And Adhesive Transfer Tape Aluminum Bonded Joints Subjected To Environmental Aging, Manoj Anakapalli

Electronic Theses and Dissertations

No abstract provided.

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Assessment Of Septic System Performance Using Remote Sensing Technology, Amanda Patterson Jan 2005

Assessment Of Septic System Performance Using Remote Sensing Technology, Amanda Patterson

Electronic Theses and Dissertations

No abstract provided.

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Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Stephen J. Choi, Jill E. Fisch, A. C. Pritchard Jan 2005

Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Stephen J. Choi, Jill E. Fisch, A. C. Pritchard

Faculty Articles

When Congress enacted the Private Securities Litigation Reform Act in 1995 (“PSLRA”), the Act's “lead plaintiff” provision was the centerpiece of its efforts to increase investor control over securities fraud class actions. The lead plaintiff provision alters the balance of power between investors and class counsel by creating a presumption that the investor with the largest financial stake in the case will serve as lead plaintiff. The lead plaintiff then chooses class counsel and, at least in theory, negotiates the terms of counsel's compensation. Congress's stated purpose in enacting the lead plaintiff provision was to encourage institutional investors—pension funds, mutual …

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