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2005

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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 …


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 …


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 …


Controversy In The Courtroom: Implications Of Allowing Jurors To Question Witnesses, Alayna Jehle, Monica K. Miller Jan 2005

Controversy In The Courtroom: Implications Of Allowing Jurors To Question Witnesses, Alayna Jehle, Monica K. Miller

William Mitchell Law Review

No abstract provided.


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.


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.


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.


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.


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.


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.


Us Not Them : A Behavior Analytic Approach To The Effect Of Self-Relevance And Evaluation On Social Categorization, Chad E. Drake Jan 2005

Us Not Them : A Behavior Analytic Approach To The Effect Of Self-Relevance And Evaluation On Social Categorization, Chad E. Drake

Electronic Theses and Dissertations

No abstract provided.


Think : An Installation, Kathleen Moore Jan 2005

Think : An Installation, Kathleen Moore

Electronic Theses and Dissertations

No abstract provided.


The Conceptual Development And Production Of Our Town, 2005, Wendy Pottorff Hansen Jan 2005

The Conceptual Development And Production Of Our Town, 2005, Wendy Pottorff Hansen

Electronic Theses and Dissertations

No abstract provided.


Search And Persuasion In Trademark Law, Barton C. Beebe Jan 2005

Search And Persuasion In Trademark Law, Barton C. Beebe

Faculty Articles

Conceptualizes search sophistication and persuasion sophistication, two distinct forms of consumer sophistication. Meaning of trademark distinctiveness; Concept of search sophistication; Relation between trademark distinctiveness and persuasion.


Regulatory Paternalism In The Market For Drugs: Lessons From Vioxx And Celebrex, Richard A. Epstein Jan 2005

Regulatory Paternalism In The Market For Drugs: Lessons From Vioxx And Celebrex, Richard A. Epstein

Faculty Articles

This Article addresses two interlocking issues. Part I develops a simple model to determine which drugs should be released into the marketplace and why. Its central point is that the inherent heterogeneity in all populations cuts strongly in favor of a relaxation in the standard of pre-market approvals, as is urged in a recent paper by Malani and Hu. The regulator who works upstream of the physician and patient lacks any knowledge of individuated circumstances that should rationally influence the decision of which drug, if any, to take, and in what dosage. So long as physicians and patients have some …


Willie Morris : Toward A Literary Biography, Richard Malcolm Caldwell Jan 2005

Willie Morris : Toward A Literary Biography, Richard Malcolm Caldwell

Electronic Theses and Dissertations

No abstract provided.


Beyond Gender Differences In U.S. Life Cycle Happiness, Enrico A. Macelli, Richard A. Easterlin Jan 2005

Beyond Gender Differences In U.S. Life Cycle Happiness, Enrico A. Macelli, Richard A. Easterlin

Economics Faculty Publication Series

We employ two decades of General Social Survey data consisting of 83 birth cohorts from 1893 to 1975 to estimate the influence of satisfaction in seven life domains (family, finances, work, health, friends, place of residence, and leisure time activity) on life-cycle happiness among men and women aged 18 to 89 years in the United States. The adult population is estimated to be happiest at age 51, and men are estimate to surpass women in happiness at age 48. Contrary to both genetic or personality (e.g., traditional gender role) and access to resources (“more is always better”) explanations of happiness, …


Why Equality? How Equality?: The Desirability Of A Focus On Income Distribution, Arthur Macewan Jan 2005

Why Equality? How Equality?: The Desirability Of A Focus On Income Distribution, Arthur Macewan

Economics Faculty Publication Series

Much of the discussion of economic development in low and middle income countries and of poverty reduction has either ignored the issue of income distribution or has tended to view income distribution only in terms of its impact on economic growth. In this paper I argue that such an approach is misguided. I will explain, first, why I believe that it is desirable to give a great deal of attention to income distribution in the analysis of economic development and poverty reduction. My argument includes conceptual, political and practical elements. Second, I will suggest some of the ways in which …


The Ecology Of Plant-Parasitic Nematodes And Their Antagonists On Golf Course Greens Turf In Southern New England, Katerina Serlemitsos Jordan Jan 2005

The Ecology Of Plant-Parasitic Nematodes And Their Antagonists On Golf Course Greens Turf In Southern New England, Katerina Serlemitsos Jordan

Open Access Dissertations

A two-year survey was conducted to determine the ecology of plant-parasitic nematodes and their antagonists on golf course greens turf in southern New England. Soil samples were collected from three greens each at 38 golf courses, for a total of 114 samples. Samples were collected in May, July, and September of each year. Nematodes were extracted from soil samples, identified to genus and counted. Genus diversity and seasonal fluctuation of nematode populations, both within each season and between the two sampling years, were analyzed. Additionally, data on soil physical and chemical properties, as well as management practices on each golf …


A Survey And Analysis Of Marital And Religious Perspectives Among First-Generation Chinese Seventh-Day Adventists In North America, John Kam-Hong Lee Jan 2005

A Survey And Analysis Of Marital And Religious Perspectives Among First-Generation Chinese Seventh-Day Adventists In North America, John Kam-Hong Lee

Doctor of Ministry Projects

Problem

Most Chinese immigrants have experienced a great cultural shock in North America, and have been influenced by Western materialism and secularism. Their marriages and families are also affected by the environment and the secular society. Since Chinese Adventists in North America are exposed to secular influences, the traditional perception of marriage is undermined.

Method

Surveys were mailed to approximately a thousand individuals in Chinese Seventh-day Adventist Churches and Companies in North America. Additional surveys were hand-delivered to Church members. There was no attempt made to select a sample from the population in a random fashion. Consequently, the findings should …


A Model For Reaching African American Males In Southeast Atlanta With Seventh-Day Adventism, Ralph P. Peay Jan 2005

A Model For Reaching African American Males In Southeast Atlanta With Seventh-Day Adventism, Ralph P. Peay

Doctor of Ministry Projects

Problem

Churches in America are on average 60-70 percent female. Attracting and integrating African American males into church life is a grave challenge. This study focuses on African American males in Southeast Atlanta and seeks to design a model for addressing their sociological and spiritual needs in anticipation of their accession into church membership.

Method

The setting for this study is the Atlanta Boulevard Seventh-day Adventist Church in Southeast Atlanta. The method employed in this project is an exploratory research approach that is designed to identify the social, economic, and other needs of African American males. In order to ascertain …


Training Members In The Greenwich Seventh-Day Adventist Church Towards A More Effective Sharing Of The Gospel, Terry Messenger Jan 2005

Training Members In The Greenwich Seventh-Day Adventist Church Towards A More Effective Sharing Of The Gospel, Terry Messenger

Doctor of Ministry Projects

The Problem

The Seventh-day Adventist Church in Britain is clergy dependant and as a result the Church is not growing as fast as it could be. Members of the Church are not proficient or confident in leading a person to Jesus.

The Method

A personal profile has been established so it can be seen that much of this project arises out of my own personality and spiritual characteristics. A profile of the Greenwich community as well as the church has been established through research, interviewing, and data gathering from kept records. A Task Force Team (TFT) has been set up …


Equipping The Seventh-Day Adventist Pastors In Zimbabwe For Grief Ministry: A Culturally Sensitive Approach, Simbarashe Nyasha Musvosvi Jan 2005

Equipping The Seventh-Day Adventist Pastors In Zimbabwe For Grief Ministry: A Culturally Sensitive Approach, Simbarashe Nyasha Musvosvi

Doctor of Ministry Projects

The Problem

Zimbabwe faces a predicament in which the mortality rate is rising while support for grieving people is declining. At the same time the Zimbabwean culture is rapidly changing because o f the impact of Christianity, urbanization, Western influences, and HIV/AIDS. Church leaders are not always in agreement on what rites are appropriate for Christians. These factors often result in inadequate support from the extended family, the community, and the church.

Method

This dissertation discusses the challenges that confront the Seventh-day Adventist church in Zimbabwe in ministering to the bereaved. My purpose was to design a training program for …


A Pilot Grief Ministry Program To Equip Grief Ministry Facilitators In The Local Adventist Churches, Joyce Marie Hatchett Jan 2005

A Pilot Grief Ministry Program To Equip Grief Ministry Facilitators In The Local Adventist Churches, Joyce Marie Hatchett

Doctor of Ministry Projects

Problem

There is a need for a visible and effective Seventh-day Adventist Grief Ministry Training Program that is theologically sound and culturally sensitive that will serve the bereavement needs of both the local Seventh-day Adventist congregation(s) and others in the community.

Method

For this study, I used formative evaluation, sometimes referred to as pilot testing. Formative Evaluation has two goals: (1) To gain understanding through observation and soliciting responses of participants concerning how the curriculum and instructional processes might be improved; and (2) to develop strategies for improving the curriculum and instructional process. This pilot training program was held September …


Developing A Deeper Understanding Of God: A Strategy For Revitalizing The Seventh-Day Adventist Church In Croatia, Miroslav Didara Jan 2005

Developing A Deeper Understanding Of God: A Strategy For Revitalizing The Seventh-Day Adventist Church In Croatia, Miroslav Didara

Doctor of Ministry Projects

Problem

Adventism in Croatia will soon celebrate its one hundredth anniversary. The church is becoming increasingly traditional and formal. Baptisms have been in decline for the last ten years. Gradually the less important issues such as life style, worship style, music, and food have become a focus. It seems that many members have lost sight of what genuine Christianity is all about, not knowing the difference between form and meanings and unconsciously moving towards formalism and legalism. Therefore, there is a need for personal and corporate spiritual renewal which can only come through a deeper understanding of God and by …


Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr Jan 2005

Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr

Articles

The following article is based on a talk give by Assistant Professor of Law Michael S. Barr to the University of Texas Law School-Harvard Law School Joint Conference on Commercial Law Realities in Austin, Texas, in April. Barr was selected by the University of Michigan’s Institute for Social Research, Survey Research Center to be the faculty investigator for the Detroit Area Study, which the University has conducted for more than 50 years. Barr is using the study to explore the financial services needs of low- and moderate-income households, building on his groundbreaking analysis in Banking the Poor. Barr raised a …


Mend It Or End It?: The Revised Aba Capital Defense Representation Guidelines As An Opportunity To Reconsider The Death Penalty, Eric M. Freedman Jan 2005

Mend It Or End It?: The Revised Aba Capital Defense Representation Guidelines As An Opportunity To Reconsider The Death Penalty, Eric M. Freedman

Hofstra Law Faculty Scholarship

The revised edition of the ABA's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" offers a lens through which to consider whether retention of capital punishment is sensible public policy.

A reader of the Guidelines finds that the current death penalty system is characterized by severely impaired clients, pervasive racism, a structural bias in favor of guilty verdicts, less effective counsel than in non-capital cases, and a dysfunctional system of post-conviction review.

No amount of money can solve these problems; at best, sufficient expenditures can ameliorate them. But making even that attempt will be costly …


Jules Verne: Exploring The Limits, Arthur B. Evans Jan 2005

Jules Verne: Exploring The Limits, Arthur B. Evans

Global Language Studies Faculty publications

No abstract provided.


Attitudes Toward Abortion Among Religious Traditions In The United States: Change Or Continuity?, John P. Hoffmann, Sherrie Mills Johnson Jan 2005

Attitudes Toward Abortion Among Religious Traditions In The United States: Change Or Continuity?, John P. Hoffmann, Sherrie Mills Johnson

Faculty Publications

Abortion continues to be a highly contentious issue in the United States, with few signs of abatement. The goal of this paper is to specify how variable positions about abortion across religious traditions have led to differential shifts in attitudes among their members. Based on culturally relevant events, position papers, and other religious media, the guiding hypotheses propose that Evangelicals have become increasingly opposed to abortion for elective reasons; yet changes in attitudes regarding abortion for traumatic reasons are due primarily to cohort shifts. Data from the cumulative General Social Surveys (1972–2002) are used to test the hypotheses. The first …


Elicited Priors For Bayesian Model Specifications In Political Science Research, Jeff Gill, Lee D. Walker Jan 2005

Elicited Priors For Bayesian Model Specifications In Political Science Research, Jeff Gill, Lee D. Walker

Faculty Publications

We explain how to use elicited priors in Bayesian political science research. These are a form of prior information produced by previous knowledge from structured interviews with subjective area experts who have little or no concern for the statistical aspects of the project. The purpose is to introduce qualitative and area-specific information into an empirical model in a systematic and organized manner in order to produce parsimonious yet realistic implications. Currently, there is no work in political science that articulates elicited priors in a Bayesian specification. We demonstrate the value of the approach by applying elicited priors to a problem …