Digital Commons Network^™

The Law Of The Lakes: From Protectionism To Sustainability, Christine A. Klein

UF Law Faculty Publications

This Article has a practical goal: to convince state lawmakers of the need to regulate in a comprehensive and evenhanded manner, avoiding short-sighted fixes or politically appealing shortcuts. To accomplish that goal, Part I focuses upon another region of the country-the Colorado River Basin-where residents have also undertaken the task of managing a water system that includes two nations(The United States and Mexico) and numerous states. Learning from the successes and failures of the resultant Law of the River, this Article derives guiding principles for the emerging Law of the Lakes. Part II makes a crucial distinction between protectionism and …

Is It Sometimes Good To Run Budget Deficits? If So, Should We Admit It (Out Loud)?, Neil H. Buchanan

UF Law Faculty Publications

There are bad deficits and there are good deficits. What makes a fiscal deficit good or bad depends on both the context in which the deficit is run and the reason that the deficit is rising. The belief that it is unquestionably foolish to adopt policies that directly or indirectly increase the government's annual borrowing on the financial markets - which is what it means to run a budget deficit - is not the universal truth that the current conventional wisdom might imply. Budget deficits are potentially dangerous and must be monitored carefully, but they are not always, inevitably, completely, …

Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Minor-Rubino

UF Law Faculty Publications

In advance of a sophisticated analysis of the survey data, one must be very careful in drawing any overall conclusions about the state of collegiality and workplace well-being in legal academia. Certainly, no correlative assertions can be made. Nevertheless, this preliminary review has revealed some noteworthy information. Certainly, law faculties are far from perfectly collegial associations, and many if not most law professors have a gripe of one sort or another. Despite these facts, however, the overwhelming majority of faculty members appear to be happy with their choice of career. The qualitative data also leaves one with the impression that, …

The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe

UF Law Faculty Publications

The experimental use exception is a common law exception to the patent-holder's exclusive right of use. It permits the use of another's patented device when such use is for philosophical inquiry, curiosity, or amusement. It has recently come under attack by many who consider it too narrow. They fear that the courts' "narrowing" of the experimental use exception will stifle research and innovation. Much of the discontent with the doctrine has been spurred by a relatively recent Federal Circuit opinion, Madey v. Duke University, which makes clear that a research university does not receive immunity under the experimental use …

Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer

Articles

No abstract provided.

Woman-Centered Post-Abortion Care In Public Hospitals In Tucumán, Argentina: Assessing Quality Of Care And Its Link To Human Rights, Rodolfo Gómez Ponce De León, Deborah Lynn Billings, Karina Barrionuevo

Faculty Publications

Unsafe abortion is a major public health and human rights problem in Argentina. Implementation of a woman-centered post-abortion care (PAC) model is one strategy to improve the situation. The quality of PAC services was measured in three public hospitals in Tucumán, a province with high levels of poverty and maternal mortality due to unsafe abortion. Overall, the quality of PAC services was found to be poor. Women do not receive services in a manner that respects their human rights, in particular their rights to health and health care, information, and to the benefits of scientific progress. Findings from the evaluation …

Civil Procedure, Donald Colleluori, Gary D. Eisenstat, Bill E. Davidoff

SMU Law Review

No abstract provided.

Corporations, Glenn D. West, Benton B. Bodamer

SMU Law Review

No abstract provided.

Energy Regulation, Gaye White, Patrick Carlson

SMU Law Review

No abstract provided.

Civil Evidence, Kelli M. Hinson, Jennifer Evans Morris, Elizabeth A. Snyder

SMU Law Review

No abstract provided.

Environmental Law, Scott D. Deatherage, Becky Jolin, Elizabeth Webb, Matthew J. Knifton, Brendan Lowrey, Chris Smith

SMU Law Review

No abstract provided.

Toxic Torts And Mass Torts, Brent M. Rosenthal, Misty A. Farris, Amanda R. Tyler

SMU Law Review

No abstract provided.

Shooting Blanks: The Ineffectiveness Of The Protection Of Lawful Commerce In Arms Act, Alden Crow

SMU Law Review

No abstract provided.

Metacarpal-Phalangeal Arthroplasty: A Post-Operative Approach, Lance Norman

Occupational Therapy Capstones

No abstract provided.

Traumatic Brain Injury (Tbi): Caregiver And Family Education Handbook, Heather Yekel, Breana Medlock

Occupational Therapy Capstones

Life can be very confusing for the friends, family member(s), and caretaker(s) of those individuals who are diagnosed with a Traumatic Brain Injury (TBI). The people who live with and care for the individual with a TBI want to know how they can help and what they can do to speed up the recovery. They also want to know what they can expect from their loved one, how much time the recovery will take, and what is causing the changes in their behavior?

A review of the literature was conducted and professionals, who are currently providing services to individuals diagnosed …

Nurture Your Infant And Yourself: A Breastfeeding Program, Kathryn J. Conrad

Occupational Therapy Capstones

No abstract provided.

Livin' Right! Morning, Noon, And Night: A Multi-Disciplinary Wellness Camp [For] Children With Obesity Issues, Lynne R. Bradbury

Occupational Therapy Capstones

The prevalence of childhood obesity is rapidly increasing in the United States and the percentage of overweight or obese children in South Dakota exceeds the objective set by the U.S. Department of Health and Human Services (2000). An extensive review of literature was completed on the prevalence and characteristics of obesity in children as well as interventions such as a multi-disciplinary team approach and family involvement. A review of the use of measurement tools both for screening and outcome measures was also conducted. There are significant health and societal impacts that accompany the increasing prevalence of obesity in our communities. …

Children With Limb Deficiency: The Impacts Of Using A Prosthetic For Functional Independence, Kirsten Brandt, Michelle Grimes

Occupational Therapy Capstones

Many emotions, questions, and concerns may arise for parents and caregivers upon learning that their child has a limb deficiency. Educational resources for parents of children with limb deficiencies may be lengthy, time consuming to find and read, and full of medical jargon. The purpose of this scholarly project was to develop an educational booklet that is concise and easy to read for parents and caregivers of children with limb deficiencies.

An extensive literature review was conducted addressing the physical and psychological impacts children with limb deficiencies experience during daily activities. Parents with children who have limb deficiencies, individuals with …

School-Based Practice: Integrating The Occupational Therapy Practice Framework, Nancy M. Daly

Occupational Therapy Capstones

Occupational therapists in school-based practice frequently experience change due to the evolution of the profession and education reform. This project examines the impact of these changes relative to the integration of client-centered and occupation-based services in contemporary educational practice. Occupational therapists have identified significant barriers that impact the efficiency and effectiveness of service delivery. This paper, through the review of current occupational therapy and special education literature, explores the integration of collaboration, client-centered occupation-based care, and service delivery. The increasing requirements for accountability and professional standards define documentation needs. Findings indicate a need for school-based occupational therapists to have processes …

Prison Rape Elimination Act: Implications For Sheriffs: The Facts, Brenda V. Smith, Susan Mccampbell, Pam Cole, Margo Frasier

Presentations

This brochure explains the impact of the Prison Rape Elimination Act (PREA) on jails. Topics discussed include: what PREA is; how PREA applies to jails; the purpose of PREA; what jails need to be doing; and answers to frequently asked questions.

The Constitutional Function Of Biological Paternity: Evidence Of The Biological Mother's Consent To The Biological Father's Co-Parenting Of Her Child, E. Gary Spitko

Faculty Publications

This article argues that a father's biological connection to a child is constitutionally significant principally because it evidences the consent of the biological mother to the father's parental relationship with the child. The biological mother's consent is critical because she is the initial "constitutional parent." Her constitutional parental rights arise from her role nourishing the child in her womb and enduring the pain and danger of childbirth. This labor gives her a constitutionally protected voice in the child's upbringing including a right to decide generally who else shall be allowed to develop a parental relationship with the child. Only if …

How Reversible Is Methamphetamine-Related Brain Damage?, Mary Holley

North Dakota Law Review

No abstract provided.

Eating Disorder Programming In Four-Year College Recreation Wellness Centers, Tiffany Jean Anderson, Amanda Lynn Gulka

Physical Therapy Scholarly Projects

Eating disorders are more prevalent in the college-age group when compared to the lifetime prevalence. Because of this increased prevalence, college recreation/wellness center staff should be aware of their clients in terms of the increased risk for eating disorders. College wellness/recreation centers, while serving the campus community, also serve the individuals within this community diagnosed with or at-risk for an eating disorder. Through survey research, we show who is employed at wellness/recreation centers, what type of training they receive regarding eating disorder, how this training is provided along with its content, and what method of public awareness on eating disorders …

Muscle Activation In Individuals Who Are Status-Post A Stroke During Over Ground, Treadmill, And Body Weight Supported Gait: A Comparative Study, Rhonda L. Breitbach, Kelly L. Malmin, Beth M. Nordmark, Jennifer A. Pederson

Physical Therapy Scholarly Projects

Purpose: The purpose of this study was to evaluate individuals who are status post stroke during ambulation over ground, on a treadmill without support, and on a treadmill with partial body weight support (PBWS) to determine if there are any differences in muscle activation of major muscle groups in the lower extremity.

Subjects: Two subjects were recruited for this study. Subjects were included if they were over the age of 50 years, could fulfill a two-hour time commitment, and walk independently with or without the use of an assistive device. Subjects were excluded if they have had surgery or an …

An Electromyographic Study Of Upper Trapezius, Lower Trapezius, And Serratus Anterior Muscle Activity During Traditional And Modified Muscle Testing Positions, Jace Everett, Mike Fowler, Jason Haak, Robby Luck

Physical Therapy Scholarly Projects

Purpose: The purpose of this study is to assess the muscle activity of the shoulder joint force couple induced by the upper trapezius, lower trapezius, and serratus anterior to determine if they are more effectively recruited during the traditional exercise position of forward shoulder elevation in 145° of shoulder abduction versus a modified position of shoulder external rotation while in 80° of shoulder abduction and 90° of elbow flexion

Methods: Nine participants took part in this randomized study in which EMG data was collected during 4 exercise trials of 10 repetitions each on the right shoulder. EMG activity was monitored …

Balance Comparison Of Open- And Closed-Back Shoes, Tiffany Hemberger, Sara Henderson, Eric Loiland

Physical Therapy Scholarly Projects

A growing number of healthcare professionals have been choosing to wear an open-back shoe rather than a traditional closed-back shoe in the workplace. Healthcare professionals incorporate dynamic balance and quick reactions during direct patient interaction. The purpose of the study was to determine if dynamic balance would be affected in healthcare professionals when wearing open-back shoes versus closed-back shoes.

Thirty-two healthcare professionals or students of healthcare professions (28 females and 4 males) were recruited for this study. Subjects ranged in age from 20 to 62 years (mean age 28.2 years), with the majority being physical therapists or physical therapy students. …

Role Of Z-Coilª Shoes On Plantar Pressure Forces During Short Distance Walking, Tyler Volle, Michael Rider, Brett Jenks, Benjamin Deubner

Physical Therapy Scholarly Projects

Purpose: The Z-CoiL ® company has marketed a shoe that is advertised to decrease pressure and attenuation of forces on the foot, ankle, and other lower extremity joints. Evidence based studies, however, are lacking in support of this claim. The purpose of this study was to compare the peak pressure distributed onto the bottom of the foot from heel strike to midstance when walking bare foot, using a personal athletic shoe, and using a Z-CoiL ® shoe.

Subjects: Thirty subjects without any current history of orthopedic pathologies were examined in this study. Fourteen subjects were excluded from final data analysis, …

Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix

Cleveland State Law Review

Margaret Jane Radin's paper discusses the ways modern technologies have prompted new thinking within and about property, and the way the legal response has failed to take sufficiently into account the countervailing considerations that have shaped earlier Property Law developments. Some new technologies have also caused intellectual and practical struggles within Contract Law. This paper will consider some of the developments of Contract Law related to these changes, in particular the transactions relating to the sale, leasing or free use of computer software and the purchase of computers. Part I of this paper introduces the topic and offers an overview …

Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson

Cleveland State Law Review

This article will discuss the emergence of GPS technology in the field of criminal law and propose that Ohio embrace GPS monitoring as an alternative to the incarceration of nonviolent offenders. Part II will begin by briefly outlining the history of GPS technology. Part II will then discuss the use of GPS monitoring in the field of law enforcement. Specifically, this Part will illustrate the different components necessary for the implementation of an effective GPS monitoring program and explain the use of inclusion and exclusion zones. Part III will examine the status of Ohio's state prison system and will focus …

Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner

Cleveland State Law Review

Whether faith-based substance abuse treatments are effective is certainly a valid question in its rightful place, but it is not the inquiry pursued here. Rather, this Note argues that a drug court's act of assigning unwilling offenders to twelve-step or otherwise religiously-based residential treatment centers violates the Establishment Clause guarantee. Specifically, such centers regulate the offenders' beliefs and compel them to affirm whatever tenets are professed at the individual treatment center. Moreover, a court's subsequent act of threatening or actually imposing criminal sanctions upon offenders for refusing to complete such treatment programs constitutes punishment for refusing to be religiously indoctrinated …