Digital Commons Network^™

2003 Texas House Bill 4: Unanimous Exemplary Damage Awards And Texas Civil Jury Instructions., Patricia F. Miller

St. Mary's Law Journal

Lawmakers and other supporters of tort reform generally describe enacted tort reform legislation as having a positive effect on consumers. But tort reform can create new hurdles for plaintiffs seeking damage awards in civil litigation. The Texas Legislature’s 2003 House Bill 4 (H.B. 4) amendment to the Texas Civil Practice and Remedies Code (Code) represents the most recent example of major tort reform in Texas. It has yet to be seen whether H.B. 4 will meet promised expectations. What is clear is H.B. 4 will adversely affect Texas plaintiffs seeking exemplary (punitive) damages from a jury. The H.B. 4 amendment …

Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger

Articles

Lawyers obtained the first federal court orders governing prison and jail conditions in the 1960s. This and other types of civil rights injunctive practice flourished in the 1970s and early 1980s. But a conventional wisdom has developed that such institutional reform litigation peaked long ago and is now moribund. This Article's longitudinal account of jail and prison court-order litigation establishes that, to the contrary, correctional court-order litigation did not decline in the late 1980s and early 1990s. Rather, there was essential continuity from the early 1980s until1996, when enactment of the Prison Litigation Reform Act (PLRA) reduced both the stock …

Second Best Damage Action Deterrence, Margo Schlanger

Articles

Potential defendants faced with the prospect of tort or tort-like damage actions can reduce their liability exposure in a number of ways. Prior scholarship has dwelled primarily on the possibility that they may respond to the threat of liability by augmenting the amount of care they take.1 Defendants (I limit myself to defendants for simplicity) will increase their expenditures on care, so the theory goes, when those expenditures yield sufficient liability-reducing dividends; more care decreases liability exposure by simultaneously making it less likely that the actors will be found to have behaved tortiously in the event of an accident and …

Predictors Of Paternal Involvement In Childcare In Dual-Earner Families With Young Children, Julie N. Jacobs, Michelle L. Kelley

Psychology Faculty Publications

Dual-earner parents (N = 119) of preschool children enrolled in licensed childcare centers completed anonymous questionnaires that examined work and family variables as related to paternal involvement in three areas: engagement (i.e., one-on-one interaction with the child), responsibility (i.e., taking care of the child’s needs), and accessibility (i.e., being available to the child without directly interacting). Paternal responsibility was predicted by beliefs about fathering and structural variables (e.g., hours fathers and mothers worked). The percentage of time fathers spent as their child’s primary caregiver was predicted by structural variables (e.g., mothers’ work hours) and belief variables (e.g., men’s beliefs about …

Hipaa-Cracy, Carl E. Schneider

Articles

The Department of Health and Human Services has recently been exercising its authority under the (wittily named) "administrative simplification" part of the Health Insurance Portability and Accountability Act to regulate the confidentiality of medical records. I love the goal; I loathe the means. The benefits are obscure; the costs are onerous. Putatively, the regulations protect my autonomy; practically, they ensnarl me in red tape and hijack my money for services I dislike. HIPAA (a misnomer-HIPAA is the statute, not the regulations) is too lengthy, labile, complex, confused, unfinished, and unclear to be summarized intelligibly or reliably. (Brevis esse laboro, …

The Regulation Of Public Auditing In Canada And The United States: Self-Regulation Or Government Regulation?, Adam C. Pritchard, Poonam Puri

Other Publications

Auditors play an important role as gatekeepers to public capital markets. By attesting to the accuracy of a company’s financial statements, the auditor lends its credibility to that company and its financial health.

Both market and legal mechanisms play a role in ensuring that auditors perform high quality audits. Reputation is critical in the market for auditors. In addition, potential legal liability to issuers and investors arising from contract, tort, and statutory securities laws creates incentives for auditors to conduct high quality audits. Potential discipline by professional self-regulatory bodies also plays a part. Striking the appropriate balance among market-based, legal, …

The Naa Agora: What's Right With Labor Arbitration…And How To Keep It That Way., Theodore J. St. Antoine

Other Publications

Now it’s time for all of us to step into the Agora, the National Academy’s marketplace of ideas. Leading the discussion this morning and introducing the members of the First Circle will be Professor Roger Abrams. Roger’s not on the stage right now, for reasons that will become obvious in just a moment. By way of introduction, Roger, of course, is a National Academy member. He is the Richardson Professor of Law at Northeastern University Law School; and currently he is a visiting Professor of Law at Harvard Law School. Roger is the former dean of Northeastern Law, of Rutgers …

The Mission Of God In Latin America: Redefining The Theology And Practice Of The Church Based On Luke-Acts, Ricardo Goméz

ATS Dissertations

No abstract provided.

Effects Of Trait Anxiety And Cognitive Appraisals On Emotional Reactions To Psychological And Physical Stressors, Qutayba Abdullatif

USF Tampa Graduate Theses and Dissertations

This study investigated the effects of individual differences in trait anxiety on cognitive appraisals and emotional reactions to stressful situations. Specifically, the effects of trait anxiety on the evaluation of psychological and physical threats to well-being were examined in relation to state-anxiety. To accomplish this goal, a proposed model consisting of elements from the Lazarus and Folkman Stress and Coping Model (1984) and Spielberger's State Trait distinctions is presented. To our knowledge, this is the first proposed model to attempt to combine trait anxiety, primary and secondary appraisals, and state anxiety and to utilize path analytic models in assessing empirical …

Analysis Of The Role Of Residential Segregation On Perinatal Outcomes In Florida, Georgia And Louisiana, Tabia Henry Akintobi

USF Tampa Graduate Theses and Dissertations

The purpose of this study was to investigate the relationship between residential segregation (the physical separation of Blacks and Whites in residential contexts) and adverse perinatal outcomes (low birth weight, preterm delivery and small for gestational age births) in Florida, Georgia and Louisiana. The study determined the independent effect of the level of residential segregation on the likelihood of adverse perinatal outcomes after controlling for contextual and individual factors. The study also assessed whether the relationship between residential segregation and adverse perinatal outcomes were moderated by ethnicity and median income.The studied employed an observational, cross-sectional study design that utilized secondary …

A Three Part Study On The Relationship Between Retirement Planning And Health, Linda Christine Albert

USF Tampa Graduate Theses and Dissertations

Researchers consistently conclude that finances and health are the two most significant factors associated with retirement decision-making and a successful retirement experience. Retirement planning is one mechanism by which individuals prepare for the retirement transition; however, retirement planning routinely emphasizes financial concerns, often to the exclusion of health or other significant aspects of retirement. Retirement planning is an increasingly relevant topic at a time when the population is aging, company-sponsored pensions and retiree benefits have diminished significantly, and reform is being sought for the long-standing social programs that have provided support for generations of older Americans. From a financial perspective, …

The Relationship Between B-Type Natriuretic Peptide Levels And Hospital Length Of Stay And Quality Of Life In Congestive Heart Failure Patientsthe Relationship Between B-Type Natriuretic Peptide Levels And Hospital Length Of Stay And Quality Of Life In Congestive Heart Failure Patients, Irma B. Ancheta

USF Tampa Graduate Theses and Dissertations

Previous research on quality of life (QOL) and its relation to BNP levels in heart failure (HF) has been widely studied. However, the impact of physicians' knowledge of BNP levels at time of clinic visit on QOL and hospital length of stay (LOS) has yet to be fully investigated. The purpose of this study were to determine if physicians' knowledge of BNP levels affected a change in QOL scores at 90 days and reduce hospital length of stay among heart failure patients. QOL data from HF clinic patients (N = 108, 67.5 ± 12.3, 56% male, ejection fraction 26.5 ± …

Charismatic Revival And The Mission Of The Church, J. Edward Crenshaw

ATS Dissertations

No abstract provided.

Self-Expressed Conditions, Expectations, Assumptions, And Experiences Of The Rosebud Sioux In The Winner, South Dakota, Area That Are Offered As Reasons Individuals Or Households Do Not Participate In Local Churches, Ross Slade Reinhiller

ATS Dissertations

No abstract provided.

The Emotional Health Of Senior Pastors In The Christian And Missionary Alliance Of Canada And Its Connection To The Spiritual Health Of Their Churches , David R. Walls

ATS Dissertations

No abstract provided.

Increasing Church Attendance For Families With Young Children Through A Time-Saving Ministry, James Brent Van Hook

ATS Dissertations

No abstract provided.

Sports Ministry In America's One Hundred Largest Churches, Matthew Brian White

ATS Dissertations

No abstract provided.

Religious Publishing And Print On Demand : A Comparison Of Warner Press With Representative Religious Publishers Between 1980--2005, Steven V. Williams

ATS Dissertations

No abstract provided.

Effect Of Pesticides On The Tobacco Spider Mite Tetranychus Evansi Baker & Pritchard On Tomatoes In Kenya., Jebet Toroitich

All Master’s Theses

The objective of this study was to evaluate the efficacy of the pesticides commonly used by farmers in controlling the Tobacco spider mite Tetranychus evansi Baker & Pritchard. Laboratory and greenhouse experiments were carried out to determine the susceptibility of T. evansi to dicofol, bifenthrin, propargite, lambda-cyhalothrin, dimethoate and profenofos+cypermethrin using the manufacturer's recommended rates. Ovicidal and adulticidal (contact and residual) assays were done in the laboratory. In the greenhouse, mite leaf damage scores were taken and mite population per cm2 was determined. Laboratory results showed egg mortalities due to contact effect to be 26.1% in dimethoate treatment and 100% …

The President Over The Public: The Plebiscitary Presidency At Center Stage, Lori Cox Han

Political Science Faculty Books and Book Chapters

"In this chapter, I will address the question of the usefulness of the public presidency in the current political environment (that is, can a president’s communication strategy make a difference in terms of what he achieves), as well as the constitutional danger, if any, posed by a president’s attempt at public leadership. Has the public presidency, and its focus on the public aspects of the office, thrown the constitutional balance of power between the three branches out of balance? Does the president really gain political power within the constitutional framework of our government if he is a skilled and effective …

The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17, Clark B. Lombardi, Nathan J. Brown

Articles

The jurisprudence of the Supreme Constitutional Court of Egypt is creative and influential in the Arab world. Among its opinions, Case No. 8 of Judicial Year 17, decided on May 18, 1996, is particularly interesting. In this opinion, the SCC argues that a regulation on face-veiling in public schools is consistent not only with Islamic law, but with the Egyptian Constitution's guarantees of freedom of religion and freedom of expression. Not only does it illustrate the SCC's approach to Islamic legal reasoning, but it gives insight into the Court's views with respect to civil and political rights. The case also …

Lost In Translation? Data Mining, National Security And The Adverse Inference Problem, Anita Ramasastry

Articles

To the extent that we permit data mining programs to proceed, they must provide adequate due process and redress mechanisms that permit individuals to clear their names. A crucial criteria for such a mechanism is to allow access to information that was used to make adverse assessments so that errors may be corrected. While some information may have to be kept secret for national security purposes, a degree of transparency is needed when individuals are trying to protect their right to travel or access government services free from suspicion.

Part II of this essay briefly outlines the government's ability to …

Liability, Regulation And Policy In Surgical Innovation: The Cutting Edge Of Research And Therapy, Anna C. Mastroianni

Articles

This article examines the implications of the foregoing competing claims from a U.S. legal perspective, focusing particularly on how the legal system addresses patient safety concerns and autonomous decision-making of surgeons in the context of surgical innovation. The lack of oversight and the risks borne by patients during surgeons' development and subsequent refinement of a novel procedure must be balanced with the need to encourage medical progress through the development of improved techniques designed to benefit the health of current and future patients. This article argues that current reliance on the medical malpractice system and the federal regulatory system of …

The Use Of Mtas To Control Commercialization Of Stem Cell Diagnostics And Therapeutics, Sean O'Connor

Articles

The recent focus on patents as a hindrance to stem cell research may turn out to be a red herring. The real culprits are material transfer agreements (MTAs), which govern the transfer of cell lines and other biological materials. The MTA’s primary purpose in life sciences research is to set contractual rights and obligations between parties where one party transfers biological materials to the other. For example, MTAs often focus on the physical handling, use, and distribution of the materials by the recipient, ensuring that the recipient complies with regulations for research involving humans or animals.

Although these interests are …

State V. Calin: The Paradox Of The Insanity Defense And Guilty But Mentally Ill Statute, Recognizing Impairment Without Affording Treatment, Amy D. Gundlach-Evans

South Dakota Law Review

No abstract provided.

Criminal Discovery In South Dakota, Timothy R. Johns

South Dakota Law Review

No abstract provided.

Drowning In A Sea Of Ambiguity: Analyzing The South Dakota Department Of Social Services' Decision To Include Alimony Payments As Available Income When Determining Medicaid Benefits, Alicia M. Farmer

South Dakota Law Review

No abstract provided.

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

The Sarbanes-Oxley Act Of 2002 And The New Prohibition On Employer Retaliation Against Whistleblowers: For Whom The Bell Tolls Or Tooting One's Own Horn, John F. Fatino

South Dakota Law Review

No abstract provided.

Whose Money Is It Anyway?, John Fremstad

South Dakota Law Review

No abstract provided.