Digital Commons Network^™

Better Regulation In Europe, Jonathan B. Wiener

Faculty Scholarship

"Better Regulation" is afoot in Europe. After several transatlantic conflicts over regulatory topics such as the precautionary principle, genetically modified foods, and climate change, Europe and America now appear to be converging on the analytic basis for regulation. In a process of hybridization, European institutions are borrowing "Better Regulation" reforms from both the US approach to regulatory review using benefit-cost analysis and from European member states' initiatives on administrative costs and simplification; in turn the European Commission is helping to spread these reforms among the member states. In many respects, the Better Regulation initiative promises salutary reforms, such as wider …

The King Of Rockingham County And The Original Bridge To Nowhere, Barak D. Richman

Faculty Scholarship

This chapter, reveals the story -- the clash of personalities, the economic tensions, and the political significance -- behind Rockingham County v. Luten Bridge Co. Since its publication in 1929, the opinion has proceeded to leave an impression on generations of law students. Luten Bridge, a staple in most contracts casebooks, is known today as the paradigmatic case that demonstrates the duty to mitigate damages in contract law, whereby a nonbreaching party is not compensated for performance that occurs after the other party announces an intention to breach. This chapter takes on three objectives: it identifies the case's original importance, …

“Opening-Up” The Wto: What Does It Mean For China?, Joost H. B. Pauwelyn

Faculty Scholarship

Text of speech delivered at China University of Political Science and Law (CUPL), Beijing, October 9; Tsinghua Law School, Beijing, October 10; Wuhan University, WTO Center, October 12; Fudan University, Shanghai, October 13, 2006

Some Modest Uses Of Transnational Legal Perspectives In First-Year Constitutional Law, Neil S. Siegel

Faculty Scholarship

In this essay, Prof. Siegel identifies several uses of transnational perspectives in first-year constitutional law: (1) comparing American constitutional arrangements to those in other countries; (2) teaching international law and foreign legal experiences when relevant to U.S. litigation in the "war on terror"; and (3) examining the U.S. Supreme Court's invocations of foreign legal practices. These uses are illustrated with examples from doctrinal areas that are covered in his course. While each use serves a distinct pedagogical purpose, cumulatively they underscore the increasing importance of transnational legal perspectives in U.S. constitutional law. He concludes, however, with a cautionary note. Selectivity …

Book Review, Joost H. B. Pauwelyn

Faculty Scholarship

Reviewing Deborah Z. Cass, The Constitutionalization of the World Trade Organization: Legitimacy, Democracy, and Community in the International Trading System (Oxford University Press, 2005)

“Judicial Hellholes:” Medical Malpractice Claims, Verdicts, And The “Doctor Exodus” In Illinois, Neil Vidmar, Kara Mackillop

Faculty Scholarship

No abstract provided.

Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst

Faculty Scholarship

The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal antitrust agencies, this article reviews the doctrine and discusses it's application in the health care sector, focusing on the ability of states to immunize anticompetitive actions by state licensing and regulatory boards, hospital medical staffs, and public hospitals, as well as anticompetitive mergers and agreements. Although states are free, as sovereign governments, to restrict competition, the state action doctrine requires that …

Academic Performance And Engagement Of Educational Opportunity Program Students In A College Algebra Extended Class At The State University Of New York, New Platz, Courtney Anthony Pindling

Dissertations

Problem

The purpose of this study was to describe the academic performance of a group of Educational Opportunity Program (EOP) students in a College Algebra Extended Program (CAEP) at the University of New York, New Paltz. Generally, EOP students are admitted with low mathematics placement scores. In the past, they would have been required to do remedial math. However, since college remedial math is no longer available, the CAEP was implemented to remedy this problem. This study was conducted to examine how a small group of EOP students performed in this course.

Method

A descriptive research design was used to …

Perceptions Of The Evidence Of A Servant Leadership Culture Among Educators In The P-12 School System In The North American Division Of Seventh-Day Adventists, Donovan B. Ross

Dissertations

Problem Statement. The Seventh-day Adventist church has consistently advocated that adherents to this religion should be Christ-like in every aspect of their lives. They should be of service to others as they create a community of believers who are loving, kind, and considerate of others. These ideals form some of the characteristics of servant leadership. The question therefore is whether servant leadership is being practiced in the P-12 school system. No study related to the presence and practice of servant leadership in the P-12 school system of the NAD has been conducted. Research was needed to determine the perceptions of …

Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

Agenda Control In The Bundestag, 1980-2002, William M. Chandler, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

We find strong evidence of monopoly legislative agenda control by government parties in the Bundestag. First, the government parties have near-zero roll rates, while the opposition parties are often rolled over half the time. Second, only opposition parties’ (and not government parties’) roll rates increase with the distances of each party from the floor median. Third, almost all policy moves are towards the government coalition (the only exceptions occur during periods of divided government). Fourth, roll rates for government parties sky- rocket when they fall into the opposition and roll rates for opposition parties plummet when they enter government, while …

Matrix Metalloproteinase-9 Amplifies The Immune Response To Pseudomonas Aeruginosa Corneal Infection, Sharon A. Mcclellan, Xi Huang, Ronald P. Barrett, Shahrzad Lighvani, Yunfan Zhang, Dawn Richiert, Linda D. Hazlett

Peer Reviewed Articles

PURPOSE. The purpose of this study was to determine the role of matrix metalloproteinases (MMP) in Pseudomonas aeruginosa keratitis.

METHODS. Gene array and selective real-time PCR examined MMP expression in the cornea of susceptible (C57BL/6, B6) versus resistant (BALB/c) mice before and after infection; zymography tested enzyme activity for MMP-2 and -9. Clinical score, Langerhans cell (LC), and Neutrophil (PMN) quantitation were done in recombinant (r) MMP-9, antibody neutralized, and MMP-9^−/− mice. The chemotactic potential of MMP-9 was tested in a Boyden chamber assay; light and transmission microscopy and immunostaining for collagen IV and MMP-9 were used …

Checks And Balances: Congress And The Federal Court, Paul D. Carrington

Faculty Scholarship

This essay was published as a chapter in Reforming the Supreme Court: Term Limits for Justices (Paul D. Carrington & Roger Cramton eds, Carolina Academic Press 2006). Its point is that Congress has long neglected its duty implicit in the constitutional doctrine of separation of powers to constrain the tendency of the Court, the academy and the legal profession to inflate the Court's status and power. The term "life tenure" is a significant source of a sense of royal status having not only the adverse cultural effects noted by Nagel, but also doleful effects on the administration and enforcement of …

Rule-Based Dispute Resolution In International Trade Law, Rachel Brewster

Faculty Scholarship

Why does the United States ever prefer to settle disputes under a system of rules rather than a system of negotiations? Powerful states are advantaged by negotiation-based approaches to settling disagreements because they have the resources to resolve individual disputes on favorable terms. By contrast, rule-based dispute resolution advantages weak states as a means to hold powerful states to the terms of their agreements. Then why did the United States want a rule-based system to settle international disputes in the WTO? To answer this question, we have to understand domestic politics as well as international politics. International constraints, particularly international …

Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler

Faculty Scholarship

In this article, I argue that from 1992 (when the Lucas case was decided) and for almost ten years thereafter, what I call the "Scalian view" of property and justice dominated Supreme Court jurisprudence. Under this vision, property provides a concrete, objectively knowable, and immutable legal barrier which marks the line between protected individual interests and the exercise of collective power. If government transgresses this line, the individual is almost always deemed to have been wronged. And compensation is required, as a matter of "justice," under the Takings Clause. I argue that with the Court's decisions in Palazzolo and Tahoe …

A Pattern Of Parity And Particularity, In Who’S Ahead In Environmental Protection: The United States Or The European Union?, Jonathan B. Wiener

Faculty Scholarship

A debate on the issue of who is ahead in environmental policy with contributions by Michael S. Caplan, Robert Donkers, Meaghan Purvis, Ernie Rosenberg and Jonathan B. Wiener

Agency Law In Cyberspace, Deborah A. Demott

Faculty Scholarship

This short article articulates and defends the proposition that basic doctrines within common-law agency apply readily to transactions and other encounters effected through the internet. In cyberspace, as in physical space, common-law agency specifies the circumstances under which an actor's conduct should carry consequences for another person's legal position unless a statute provides otherwise. Recent cases illustrate an easy translation into cyberspace of concepts that are well-developed elsewhere, including the test of whether a particular relationship amounts to one of agency and whether a person acted with actual or apparent authority to bind another.

The Commerce Power And Criminal Punishment: Presumption Of Constitutionality Or Presumption Of Innocence?, Margaret H. Lemos

Faculty Scholarship

The Constitution requires that the facts that expose an individual to criminal punishment be proved to a jury beyond a reasonable doubt. In recent years, the Supreme Court has taken pains to ensure that legislatures cannot evade the requirements of proof beyond a reasonable doubt and jury presentation through artful statutory drafting. Yet current Commerce Clause jurisprudence permits Congress to do just that. Congress can avoid application of the reasonable-doubt and jury-trial rules with respect to certain critical facts-the facts that establish the basis for federal action by linking the prohibited conduct to interstate commerce-by finding those facts itself rather …

Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher

Faculty Scholarship

No abstract provided.

Revision Of Fin 46, Consolidation Of Variable Interest Entities, And Its Effects On The Accounting Environment, Lindsey Lachiana

Honors Capstones

Prior to January of 2003, the accounting rules for off-balance sheet financing allowed corporations to abuse special purpose entities, which were permitted to be excluded from a company's financial statements. The collapse of Enron was largely due to off-balance sheet financing. The Enron situation ignited the significance of the problem, which revealed off-balance sheet financing to be detrimental to an enterprise and the investors and creditors relying on the financial statements. FIN 46, Consolidation of Variable Interest Entities, was put into effect as a result of the Enron scandal in January 2003; however it was revised in December 2003 to …

Typical Use Levels Of Personal Listening Devices Of Students At Northern Illinois University, Jennifer L. Stein

Honors Capstones

A recent lawsuit filed against Apple Computers, Inc. has aroused public concern about the potential role of personal music players (MPs) in the development of hearing loss. In order to determine if such devices are used at levels likely to damage hearing, typical MP use levels were recorded from a sample of Northern Illinois University students. The average sound pressure level (Leq) was measured for each music sample. These levels were compared with National Institute for Occupational Safety and Health (NIOSH) recommendations for maximum daily noise exposure. While previous research has indicatJ that MPs are capable of producing sound output …

Research And Theory Based Staff Training Manual : School Aged Children (K-3), Nicole Mittlestadt

Honors Capstones

This project was designed to examine and research children from kindergarten to third grade. The focus of the research was on children's developmental domains, guidance techniques, and theory. The purpose of this project was to create a training manual that informs the reader on how to work with school-aged children. The manual gives vital information on each developmental domain of school-aged children, how communicate with children and families based on research and theory, guidance techniques, needs of children with chronic diseases, first aid information, nutrition, and DCFS rules and regulations. The final project is a complete manual on working with …

Roll Tape? Recommendations Regarding Video Viewing In Public School Classrooms, Roxanne Greitz Miller

Education Faculty Articles and Research

The writer provides some guidelines and a review of the laws regarding television or movie viewing in public schools. In general, if a teacher wants to use a video in class, the video should be tied to instruction and parents should be notified if the nature of the video might be construed as objectionable in any way to a reasonable observer.

Information Literacy And Library Attitudes Of Occupational Therapy Students, Daniel G. Kipnis, Msi, Anthony J. Frisby, Phd

Academic Commons and Scott Memorial Library Staff Papers and Presentations

Information literacy, often described as a person's ability to effectively find and evaluate answers to questions using a variety of information resources, is of particular importance to health care workers. This paper presents the results of an information literacy survey presented to the occupational therapy (OT) students at Thomas Jefferson University during a series of required class activities. Also described are the authors' activities with the faculty and courses at Jefferson. The survey was made available to first-, second-, third-, and fourth-year occupational therapy students along with nursing students and pharmacy students. The survey is designed to identify research habits, …

Rambo Depositions Revisited: Controlling Attorney-Client Consultations During Depositions, Jean M. Cary

Scholarly Works

No abstract provided.

Discovery: The Student Journal Of Dale Bumpers College Of Agricultural, Food And Life Sciences - Volume 7 2006, Several Authors

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Drying Of Post-Harvest Rough Rice With Silica Gel: A Preliminary Investigation, Stephen J. O'Brien, Terry J. Siebenmorgen

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Rice drying operations can encounter problems of over drying and losses in head rice yield (HRY) through the formation of fissures. Typical rice drying methods also utilize large volumes of expensive fossil fuels to dry the kernels. Drying of rice with a solid desiccant such as silica gel has several potential advantages that avoid some of these problems. Two cultivars of long-grain rough rice, ‘Cheniere’ and ‘Wells’ with harvest moisture contents of 17.8% and 22.0%, respectively, were dried over a 48-h period with various ratios of rough rice-to-silica gel. It was found that an intimate mixture of 3:1 rough rice …

Aadej Comm 37 2 2006

AADEJ - The Communicator

The Communicator is the official journal of the American Association of Dental Editors and Journalists (AADEJ). It is published quarterly, distributed digitally via email to members, and posted on the Association's website, AADEJ.org. Each issue includes regular updates from the editorial team and AADEJ board, as well as feature articles on current issues in the field.

Washington University Magazine, Fall 2006

Washington University Magazine

No abstract provided.

Washington University Magazine, Summer 2006

Washington University Magazine

No abstract provided.