Digital Commons Network^™

Checklists And Illustrative Financial Statements For Health Care Organizations : A Financial Accounting And Reporting Practice Aid, June 2005 Edition, American Institute Of Certified Public Accountants. Accounting And Auditing Publications, Maryann Kasica

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young

UC Law SF Journal on Gender and Justice

The legal and economic barriers to veterinary malpractice cases are significant. Potential plaintiffs are often discouraged from pursuing their claims because of the very limited potential for significant damages and the difficulty of proving causation. This Note advocates a burden-shifting approach to the causation element of veterinary malpractice. It commences with an overview of some of the different methods by which animal guardians have sought redress for the injury or death of an animal while under the care of a veterinarian. This overview is followed by a detailed look at the elements of veterinary malpractice. Next, the recordkeeping standards in …

The Constitutionally Inspired Approaches To Police Accountability For Violence Against Women In The U.S. And South Africa: Conservation Versus Transformation, Christopher J. Roederer

School of Law Faculty Publications

In this last term, the highest courts in the U.S. and South Africa, respectively, the United States Supreme Court in Town of Castle Rock, Colorado v. Gonzales and the South African Constitutional Court in N.K. v. Minister of Safety and Security, overturned decisions from their appellate courts, the Tenth Circuit and the Supreme Court of Appeals. … This article is not primarily concerned with a comparison of the doctrinal nuances of these three cases, or of the respective constitutional mechanisms that aided the courts in coming to their decisions. This article examines the comparison, or rather, the sharp contrast between …

Association Between A Dopamine-4 Receptor Polymorphism And Blood Pressure, Srijan Sen, Randolph Nesse, Li Sheng, Scott F. Stoltenberg, Lillian Gleiberman, Margit Burmeister, Alan B. Weder

Department of Psychology: Faculty Publications

Background: Dopamine receptor genes are candidates for hypertension susceptibility. Locally released dopamine increases renal sodium excretion, and defective renal dopamine receptor signaling has been shown to play a role in hypertension. Dopamine-4 receptors are expressed in juxtaglomerular and cortical collecting cells, where dopamine activation could alter sodium and water metabolism and affect blood pressure (BP). The dopamine-4 receptor (DRD4) gene has a 16 amino acid (48 base pairs [bp]) repeat polymorphism located in exon 3 where a G-protein binding area is encoded. The long allele (defined as at least one 7 to 10 repeat) has been associated with the personality …

Summit Water Distrib. Co. V. Mountain Reg'l Water Special Serv. Dist., 108 P.3d 119 (Utah Ct. App. 2005), Lukas Staks

Water Law Review

No abstract provided.

Raytheon V. Hernandez:The Americans With Disabilities Act And Its Effect On Neutral,Non-Discriminatory (Non) Hiring Policies Of Employers, Kendra Horger

Richmond Journal of Law and the Public Interest

This casenote will examine the legislative history and background of the ADA, the case law following its passage, the procedural and substantive background of Raytheon, the Supreme Court's holding in Raytheon, and the impact thereof.

State Of Tennessee Annual Statistical Report Of The Department Of Education For The Scholastic Year Ending June 30, 2004, Tennessee. Department Of Education.

Annual Statistical Report

No abstract provided.

“The Essential If/Then: Nathan Zuckerman As Flawed Liberal Ironist In Philip Roth’S The Counterlife.”, Laura Nicosia

Department of English Faculty Scholarship and Creative Works

No abstract provided.

Enforcing The Fair Housing Act: Can Agency Interpretations Override Congressional Intent In Anti-Discrimination Legislation?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

On October 12, 2005, the Southern District of New York ruled that the New York State Attorney General was enjoined from enforcing state laws prohibiting discriminatory lending against national banks.1 The court found in favor of the Office of the Comptroller of the Currency (OCC), the federal regulator of national banks. The OCC claimed that while state fair lending laws had not been preempted, the New York State Attorney General’s (OAG) authority to enforce those laws had been preempted by a series of federal statutes and OCC-written regulations that give the OCC exclusive authority to bring any enforcement action against …

Self-Guided Micro Vehicle: An Autonomous Vehicle With Gps Navigation And 802.11b Communications, Roberto J. Guerra

USF Tampa Graduate Theses and Dissertations

To facilitate the learning of automatic navigation systems by engineering students an easy to obtain platform is useful. The topic of this thesis is the design and implementation of a basic self-guided vehicle that can be programmed and expanded by anyone possessing basic experience with the C programming language. The Self-Guided Micro Vehicle, (SGMV), uses off-the-shelf easy to obtain parts such as a toy R/C truck and the Handyboard to maximize availability of this technology to students.

This thesis divides the SGMV design process by functionality. It starts by documenting the locomotion system, which was a modified R/C toy truck. …

Ethical Issues In Asbestos Litigation, Lester Brickman

Hofstra Law Review

Asbestos litigation has given rise to over 50,000,000 claims against 8400 former producers, distributors, installers and sellers of asbestos-containing products. To date, 850,000 claimants have sought compensation, costing businesses and insurance companies over $70 billion and resulting in more than 70 bankruptcies. Over 100,000 deaths are attributable to asbestos exposure with an additional 40,000 deaths anticipated over the next 30 years. Despite the significance of the ethical issues generated by the processes of acquiring, pressing and settling the most massive litigation in history, the legal literature is substantially devoid of any such discussion. One possible reason for this paucity of …

Fostering Capacity, Equality, And Responsibility (And Single-Sex Education): In Honor Of Linda Mcclain, Martha Minow

Hofstra Law Review

No abstract provided.

Liability For Direct Advertising Of Drugs To Consumers: An Idea Whose Time Has Not Come, Aaron D. Twerski

Hofstra Law Review

Hofstra Law Review has instituted a new "Ideas" section. Leading scholars are encouraged to write short essays from six to ten pages of length. The goal is to allow for publication of ideas that scholars and members of the judiciary wish to air but do not want to develop into full blown heavily footnoted articles. In this inaugural section Dean Twerski has written an article suggesting the reason why courts have continued to immunize drug manufacturers from liability if they give adequate warning of drug related risks to the physician. This immunity continues in force even though manufacturers have advertised …

Authentic Democracy: Endowing Citizens With A Human Right In Their Genetic Information, Richard Cole

Hofstra Law Review

No abstract provided.

Envisioning Second-Order Change In America's Responses To Troubled And Troublesome Youth, Lois A. Weithorn

Hofstra Law Review

Every year hundreds of thousands of troubled and troublesome children experience out-of-home placements under the auspices of the mental health, juvenile justice, and child welfare systems. The annual rates of such placements were higher at the end of the twentieth century thanat any time since comprehensive data were first available in the 1920s. Decades of legislative reform have failed to achieve overall reductions in use of institutions and other out-of-home placements for troubled and troublesome youth. What has changed, however, is the way in which these failures manifest. In recent years, for example, thousands of parents have relinquished custody of …

The Evolution Of The "Patient": Shifts In Attitudes About Consent, Genetic Information, And Commercialization In Health Care, Janet L. Dolgin

Hofstra Law Review

This paper considers the importation of the notion of autonomous individuality into the world of healthcare during the last half century; it also explores the related transformation of the patient into a consumer. These developments have many beneficial dimensions. However, this paper focuses on these developments gone awry so that the result is some sort of excess. The paper describes three such excesses. It refers to the first as the elaboration of autonomous individuality and illustrates it with reference to the involution of the informed consent doctrine.The second excess is referred to as the perversion of autonomous individuality; this is …

Front Matter

Hofstra Law Review

No abstract provided.

Respecting Intellectually Disabled Parents: A Call For Change In State Termination Of Parental Rights Statutes, Alexis C. Collentine

Hofstra Law Review

No abstract provided.

Evaluation Of Cocoa- And Coffee-Derived Methylxanthines As Toxicants For The Control Of Pest Coyotes, John J. Johnston

United States Department of Agriculture Wildlife Services: Staff Publications

Methylxanthines were quantified in coffee, tea, and chocolate products. Tarajuilie tea from India, cocoa powder, and cocoa nibs contained the highest levels of methylxanthines. Theobromine, caffeine, and theophylline combined in the ratios observed in tea and chocolate were ingested by coyotes. Although both mixtures induced acute toxicity, the symptoms accompanying the chocolate methylxanthine mimic were preferable. Manipulation of the ratios of methylxanthines in the chocolate mimic led to the identification of a 5:1 theobromine/caffeine mixture as a promising coyote toxicant. This mixture was then administered to coyotes using the coyote lure operative device (CLOD). Mortality occurred in every coyote that …

Probabilistic Model For Estimating Field Mortality Of Target And Non-Target Bird Populations When Simultaneously Exposed To Avicide Bait, John J. Johnston, Melvin J. Holmes, Andy Hart, Dennis J. Kohler, Randal S. Stahl

United States Department of Agriculture Wildlife Services: Staff Publications

A probabilisticmodel was developed to estimate target and non-target avian mortality associated with the application of the avicide CPTH (3-chloro-p-toluidine hydrochloride) to minimize sprouting rice damage in the southern USA. CPTH exposures for individual birds were predicted by random sampling from species-specific non-parametric distributions of bait seed consumption and CPTH residues detected on individual bait seeds. Mortality was predicted from the species-specific exposure versus mortality relationship. Individual variations in this response were captured in the model by Monte Carlo sampling from species-specific distributions of slopes and median toxicity values (LD50) for each bird. The model was used to simultaneously predict …

Epizootiology Of Sin Nombre And El Moro Canyon Hantaviruses, Southeastern Colorado, 1995–2000, Charles H. Calisher, J. Jeffrey Root, James N. Mills, Joan E. Rowe, Serena A. Reeder, Emily S. Jentes, Kent Wagoner, Barry J. Beaty

United States Department of Agriculture Wildlife Services: Staff Publications

Sin Nombre virus (SNV) is an etiologic agent of hantavirus pulmonary syndrome. To better understand the natural history of this virus we studied population dynamics and temporal pattern of infection of its rodent hosts in southeastern Colorado (USA) from 1995 to 2000. We present evidence for the presence of two hantaviruses, SNV in deer mice (Peromyscus maniculatus) and El Moro Canyon virus in western harvest mice (Reithrodontomys megalotis), at our study sites. Sin Nombre virus appeared only sporadically in deer mouse populations; overall prevalence of antibody to SNV was 2.6%. El Moro Canyon virus was enzootic: …

Population Dynamics Of A Diverse Rodent Assemblage In Mixed Grass-Shrub Habitat, Southeastern Colorado, 1995–2000, Charles H. Calisher, James N. Mills, William P. Sweeney, J. Jeffrey Root, Serena A. Reeder, Emily S. Jentes, Kent Wagoner, Barry J. Beaty

United States Department of Agriculture Wildlife Services: Staff Publications

We followed seasonal and year-to-year population dynamics for a diverse rodent assemblage in a short-grass prairie ecosystem in southeastern Colorado (USA) for 6 yr. We captured 2,798 individual rodents (range, one to 812 individuals per species) belonging to 19 species. The two most common species, deer mice (Peromyscus maniculatus) and western harvest mice (Reithrodontomys megalotis), generally had population peaks in winter and nadirs in summer; several other murid species demonstrated autumn peaks and spring nadirs; heteromyids were infrequently captured in winter, and populations generally peaked in summer or autumn. Interannual trends indicated an interactive effect between …

Introduction: Global Challenges And The Role Of International Law, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

It is hard to imagine a more important or timely topic than the one chosen by the Georgetown Journal of International Law for this symposium: "The United States and International Law: Confronting Global Challenges." Whether one focuses on critical national security issues, international trade, protecting human rights, or helping to rebuild war-torn societies, decisions made by U.S. officials take place in a global context. In this context, international law affirms basic rules and standards, which can help to protect U.S. interests and values, and international institutions frequently play a significant role in coordinating the support and resources of many states …

Loss, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Within Republican political circles, numerous state legislatures, and even the U.S. Congress, advocating caps on "noneconomic" damages in tort suits is in vogue, as part of the ongoing politics of "tort reform." Yet, the distinction between "economic" and "noneconomic" damages is nonsensical. It does not originate in the discipline of economics, but seems instead to be purely a rhetorical invention of those who wish to limit damages by any means politically possible. But law reform based on sheer rhetoric should be shunned; unprincipled rhetoric is no substitute for justificatory reasons, and to make laws without reasons exemplifies arbitrariness and injustice. …

Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The essay is divided into three parts. Part I considers the ways in which the need for environmental law derives from the tendency of human nature to cause adverse environmental consequences and the ways in which the laws of nature make it more difficult to prevent those consequences absent the imposition of external legal rules. Part II describes how our nation's lawmaking institutions are similarly challenged by the laws of nature. This includes a discussion of how the kinds of laws necessary to bridge the gap between human nature and the laws of nature are systematically difficult for our lawmaking …

The Asian Century: Implications For International Law, David P. Fidler

Articles by Maurer Faculty

Predictions that the 21st century will be the "Asian century" have sparked analytical interest from many disciplines but not international law. This article focuses on what implications "Asia rising" may have for international law in the 21st century. The article begins by looking at the 19th and 20th centuries as the European and American centuries respectively to assess the impact these centuries made on international law. The article then analyses possible meanings for an Asian century and frames such a century's implications for international law around the concept of a "Concert of Asia". The article argues that, through a "Concert …

Reflections On Diversity, William Murray Tabb

Faculty Articles

No abstract provided.

The Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

Faculty Articles

No abstract provided.

Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla Pratt

Faculty Articles

This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by defining the theory of micro-reparations and providing the historical foundation which serves as the factual predicate to the claim that black Indians have for reparation. This part of the article establishes how the rule of hypo-descent or the "one drop rule" has served historically and presently to exclude black …

Unsubsidizing Suburbia, Nicole Stelle Garnett

Journal Articles

Review essay of The Urban Origins of Suburban Autonomy by Richardson Dilworth, Harvard University Press, 2005.