Digital Commons Network^™

The Commodification Of Insurance Defense Practice, Herbert M. Kritzer

Vanderbilt Law Review

In this paper, I present an analysis of insurance defense practice using the heuristic of a commodity.7 Essentially, I argue that many, perhaps even most, insurance companies have come to view the more routine work of insurance defense as something to be purchased in a marketplace where there are a large number of interchangeable providers.8 Loyalty between buyer and seller, to the extent that it had been an important element of the relationship, has faded. Today, insurance companies frequently shop for the best deal, which may include producing insurance defense services in-house rather than purchasing those services from an outside …

On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Lee Epstein, Andrew D. Martin, Matthew M. Schneider

Vanderbilt Law Review

In an important and certainly timely article published in the N.Y. U. Law Review, Nancy C. Staudt demonstrates that, in taxpayer standing cases, judges are motivated by politics but can be constrained when the law is clear and oversight exists. As part of that demonstration, Professor Staudt offers an empirical analysis of the decision to grant standing to federal taxpayers-the results of which we reproduce in Table 1.2

What are we to make of this rather ominous-looking table? Professor Staudt suggests two key takeaways. First, the analysis, she reports, shows that doctrine helps explain standing decisions even when political factors …

Montana Kaimin, November 1, 2006, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula. Page 12 is missing.

2006 November, Office Of Communications & Marketing, Morehead State University.

Morehead State Press Release Archive, 1961 to the Present

Press releases for November 2006.

A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard

Faculty Publications

This Article suggests a rethinking of the responsible relation doctrine, which holds business officials, managers, and supervisors criminally liable for failing to prevent or correct violations that occur within their areas of responsibility and control. The conventional public welfare justification for the doctrine is that it provides added and important deterrence of legal violations that threaten human health and safety. This Article suggests instead that the doctrine is better understood and defended as properly following from traditional criminal law prohibitions on acts of omission, and specifically from the principle that individuals may be criminally liable when their failure to fulfill …

Cerebral Venous Sinus Thrombosis In Neonates, Shahnaz Ibrahim

Department of Paediatrics and Child Health

Neonatal Cerebrovenous sinus thrombosis(CVST) is extremely rare, however it is a devastating condition and one needs to be aware of this condition to diagnose it. The risk factors for CVST are still not properly understood. The largest registry for stroke and for neonatal CVST is from the Canadian registry which quotes an incidence of 0.6per 100,000 population per year. No data is present for the neonatal CVST in this region.
One needs to be aware of this devastating condition to manage it timely and appropriately. To date there is no consensus on the role of anticoagulant therapy and therefore therapy …

Proportional Process Conflict In Undergraduate Cooperative Learning Groups, Glenna K. Dunn

Doctoral Dissertations and Projects

The first purpose of this research was to determine if minimal training on the concepts and effects of relational, task, and process conflict would have an effect on proportional process conflict (Jehn, 2000) in undergraduate cooperative learning groups. Proportional process conflict is explained as the amount of process conflict in proportion to relational and task conflict and to the overall amount of conflict within the group. The second purpose was to increase knowledge about the cultural patterns and perspectives of undergraduate cooperative learning groups. The sample consisted of 68 undergraduate students from four classes of the same course at a …

An Empirical Examination Of The Equal Protection Challenge To Contingency Fee Restrictions In Medical Malpractice Reform Statutes, Casey L. Dwyer

Duke Law Journal

No abstract provided.

Regulation As Delegation: Private Firms, Decisionmaking, And Accountability In The Administrative State, Kenneth A. Bamberger

Duke Law Journal

Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and reduction of risk-from financial, data and homeland security risk to the risk of conflicts of interest-increasingly mandates broad policy outcomes and accords regulated parties wide discretion in deciding how to interpret and achieve them. Yet the dominant paradigm of administrative enforcement, monitoring and threats of punishment, is ill suited to oversee the sound exercise of judgment and discretion.

Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii

Duke Law Journal

No abstract provided.

Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson

Duke Law Journal

No abstract provided.

November 1, 2006 Aasu Staff Advisory Council Minutes, Armstrong Atlantic State University

Armstrong Staff Council: Staff Advisory Council Minutes (Archived)

November 1, 2006 AASU Staff Advisory Council Minutes

The Jamaican Female Skills Surplus And Earnings Deficit: A Holistic Explanation, Dawn Richards Elliott

Journal of International Women's Studies

This paper addresses the poor socio-economic performance of Jamaican females despite superior human capital. A holistic explanation exploring female lifestyle choices is advanced since discipline-specific theories fail to explain occupational clustering and the resulting earnings gap. It is hypothesized that both reflect lifestyle constraints, which may be linked to characteristics of the social environment. Since these constraints affect different groups of women differently, then policies designed to reduce occupational dis-similarity and female-male earnings gap must adapt a dis-aggregated analysis. Catherine Hakim’s model of female dis-aggregation and data from the World Bank’s Living Standards Measurement Survey, LSMS, are used to advance …

Madam President: Progress, Problems, And Prospects For 2008, Robert P. Watson

Journal of International Women's Studies

Women have made great progress in electoral politics both in the United States and around the world, and at all levels of public office. However, although a number of women have led their countries in the modern era and a growing number of women are winning gubernatorial, senatorial, and congressional races, the United States has yet to elect a female president, nor has anyone come close. This paper considers the prospects for electing a woman president in 2008 and the challenges facing Hillary Clinton and Condoleezza Rice—potential frontrunners from both major parties&nmash;given the historical experiences of women who pursued the …

An Analysis Of The Economic Status Of Women In Cameroon, Stella Nana-Fabu

Journal of International Women's Studies

The Cameroon woman has for long been the economic backbone of the nation, yet she remains largely marginalized in society generally and in the economic sector in particular. The cumulative effects of the interplay of gender discrimination of traditional African and Western colonial as well as neo-colonial systems on the general status of the Cameroon woman has been enormous. As this paper reveals, in modern times, more Cameroon women have become more dependent on men economically than in pre-colonial or traditional times.

It is true that modernization has wrought some good for Cameroon women, but this article shows that the …

The Health Condition Of Older Women In Ghana: A Case Study Of Accra City, Chuks J. Mba

Journal of International Women's Studies

In the context of increased rural-urban migration, social exclusion of some of the recent urban arrivals and the sharp change in life style in urban communities, some of the most critical health problems of older people may be found in cities. This paper attempts to characterize the general health condition of older women (50 years and over) in Accra, Ghana’s capital city. It employs secondary analysis of data from the Accra Women’s Survey, 2004. The findings broadly suggest that an overwhelming majority of older women lack basic education, are not in any form of paid employment, and are widowed, separated …

Midwifery Education In Jordan: History, Challenges And Proposed Solutions, Lubna Abushaikha

Journal of International Women's Studies

The purpose of this paper is to provide a historical overview of midwifery education in Jordan during the past fifty years with an emphasis on the first bachelor of midwifery program in Jordan. Nine challenges of midwifery education that include expanding midwifery educational needs, accreditation of programs, recruiting qualified faculty members, clinical training, midwifery preceptorship, exit examinations, continuing midwifery education, recognition of midwifery graduates, and lack of graduate midwifery programs are presented. Proposed solutions for these challenges are discussed.

Attitudes Toward Women Managers In Turkey And Pakistan, Semra Güney, Raheel Gohar, Sevcan Kılıç Akıncı, Mehmet Mutlu Akıncı

Journal of International Women's Studies

This paper examines managerial attitudes toward women managers in Turkey and Pakistan by using “Managerial Attitudes toward Women Executives Scale (MATWES)” and draws a cross-cultural comparison between these two countries’ respondents. Significant differences were found in several managerial attitudes between these two countries’ respondents, and both women and men in Turkey have a negative attitude toward women managers as compared to Pakistani respondents. In contrast to the early findings in the literature, women’s attitudes toward women managers in Turkey were more negative than that of men’s while Pakistani women have more favorable attitudes than Turkish women toward women managers. The …

Women And The Hiv/Aids Epidemic: The Issue Of School Age Girls’ Awareness In Nigeria, Solomon O. Momoh, Ailemen I. Moses, Maria M. Ugiomoh

Journal of International Women's Studies

This study was conducted to examine women and the HIV/AIDS epidemic: the issue of school age girls’ awareness in Nigeria information was elicited from 1,222 randomly selected regular under-graduate female students from the 11 faculties of the University of Lagos, Nigeria, with the use of a standardized structured questionnaire. Results of the major objective of the study, that is the level of HIV/AIDS awareness among female undergraduate students, showed a moderate level of awareness, including other specific objectives of age, level of study and marital status. In contrast, at the graduate level—the 600 level of study—medical students showed a high …

“A Sea Captain In Her Own Right”: Navigating The Feminist Thought Of Huda Shaarawi, Rula B. Quawas

Journal of International Women's Studies

Huda Shaarawi was one of the first Egyptian women who argued for women’s liberation, starting with education which would lead to full participation in the social and cultural reform and result in social usefulness and in legal and civic equality. A socialist feminist, Shaarawi promoted a successful program for social change not only from within the existing social and political order but also from within the framework of Islam and its value system. She came to be a speaking subject of feminist politics and a feminist living text for the women of her own generation. She was, and still is, …

Verbal And Visual Rhetorics Of Cancer: Defying Silence In Margaret Edson, Audre Lorde And Jo Spence’S Works, Catalina Florina Florescu

Journal of International Women's Studies

In this essay I offer some powerful verbal and visual examples of the rhetorics of cancer in an attempt to bring to our attention the experiences and reflections of those who felt more like medical cases than persons-patients while facing and eventually dying because of cancer. My essay is a critical “travelogue” through the pain of the other, more specifically as it is presented in Margaret Edson’s play Wit (2000), Audre Lorde’s memoir The Cancer Journals (1992), and Jo Spence verbal and visual memoirs Putting Myself in the Picture: A Political, Personal, and Photographic Autobiography (1988) and Cultural Snipping: The …

The Role Of A Conserved Serine Residue Within Hydrogen Bonding Distance Of Fad In Redox Properties And The Modulation Of Catalysis By Ca2+/Calmodulin Of Constitutive Nitric-Oxide Synthases, Satya Prakash Panda, Ying Tong Gao, Linda J. Roman, Pavel Marta´Sek, John C. Salerno, Bettie Masters

Faculty Articles

The crystal structure of the neuronal nitric-oxide synthase (nNOS) NADPH/FAD binding domain indicated that Ser-1176 is within hydrogen bonding distance of Asp-1393 and the O4 atom of FAD and is also near the N5 atom of FAD (3.7Å). This serine residue is conserved in most of the ferredoxin-NADP⁺ reductase family of proteins and is important in electron transfer. In the present study, the homologous serines of both nNOS (Ser-1176) and endothelial nitric-oxide synthase (eNOS) (Ser-942) were mutated to threonine and alanine. Both substitutions yielded proteins that exhibited decreased rates of electron transfer through the flavin domains, in the presence …

Violence And Coping Of Emergency Department Nurses, Sarah Fraser

Graduate Research Projects

The purpose of this research is to gather information about the types of interventions that best help victims of ED violence. Studies demonstrate that there is a definite problem of violence in the Emergency Department (ED). Studies also show there has been an increase in the victimization of ED staff. The problem of violence in the ED is not just a problem within the United States but also found in countries such as Ireland and Australia. There is a need to improve the safety measures of the ED so that staff will feel safe and can perform their jobs efficiently …

Private Discrimination: A Prioritarian, Desert-Accommodating Account, Kasper Lippert-Rasmussen

San Diego Law Review

Most of us would consider a state's discrimination against its citizens-say, by refusing to hire them on account of their sex, race, religion, or ethnicity-clearly unjust, something in urgent need of rectification. Yet we often take a less censorious view of discriminatory acts by private individuals who choose not to share their neighborhood with, associate with, trade with, work with, befriend, marry, or be buried in the same graveyards as people of a different sex, race, religion, or ethnicity. On reflection, this asymmetry is puzzling. It cannot be explained by saying that state discrimination has graver consequences involving more people …

Sameness, Subordination, And Perfectionism: Toward A More Complete Theory Of Employment Discrimination Law, Kimberly A. Yuracko

San Diego Law Review

This Article focuses on two muddled and contested areas of sex discrimination case law - the first deals with sexuality and the second with gender nonconformity in the workplace. Both are areas in which courts, at times, impose significant accommodationist demands on employers in the name of Title VII's antidiscrimination mandate. Section II addresses cases in which employers attempt to discriminate on the basis of sex in order to protect customers' personal or sexual privacy or to provide customers with a particular kind of sexual titillation. As a general matter, courts permit discrimination in the first type of case - …

Reflections On Equality, Adjudication, And The Regulation Of Sexuality At Work: A Response To Kim Yuracko, Orly Lobel

San Diego Law Review

I make three observations on Yuracko's thesis to explain these ideas. First, in Part II, I argue that it is possible to explain the case law distinctions between various categories of BFOQ claims within the liberal model of antidiscrimination. Specifically, I turn to a more robust analysis of the antisubordination paradigm than Yuracko describes in her paper. I argue that we should consider the dangers of under-inclusion in one sector as the result of structural inequalities across the workforce. Because of the need to take a more macro approach in addressing the effects of discrimination on the market at large, …

Reflections On Discrimination, Alan Wertheimer

San Diego Law Review

In the background are two claims that I want to put on the table. First, although it may be wrong for people to engage in a particular form of discrimination, it does not follow that the government should seek to prevent that discrimination. Second, although it may not be wrong for people to engage in a particular form of discrimination, it does not follow that it would be wrong for the government to seek to prevent that discrimination or to mitigate its effects. The wrongness of individual behavior is obviously related to the justifiability of state action, but the correlation …

Left Libertarianism And Private Discrimination, Peter Vallentyne

San Diego Law Review

Left-libertarianism, like the more familiar right-libertarianism, holds that agents initially fully own themselves. Unlike right-libertarianism, however, it views natural resources as belonging to everyone in some egalitarian manner. Left-libertarianism is thus a form of liberal egalitarianism in that it recognizes both liberty rights and equality rights. In this Article, I shall lay out the reasons why (1) left libertarianism holds that (a) private discrimination is not intrinsically unjust and (b) it is intrinsically unjust for the state to prohibit private discrimination; and (2) that, nonetheless, a plausible version of left libertarianism holds that it is unjust for the state, and …

Left Libertarianism: What's In It For Me?, H. E. Baber

San Diego Law Review

Left libertarianism cannot effectively promote equal opportunity for well-being. Neither direct distributions from the rent fund nor financial incentives for firms will significantly reduce gross, ongoing discrimination which locks most women into a narrow range of boring, dead-end, pink collar drudge jobs and puts minorities at a disadvantage in hiring, housing, and access to credit. Left libertarianism: What's in it for me? Not much.

The Discriminating Shopper, Michael Blake

San Diego Law Review

This argument proceeds in two parts. Part I attempts to show that there is something special about discriminatory shopping, such that we ought to understand it prior to deriving an overall theory of employment discrimination. Part II then proceeds to analyze the political morality of discriminatory shopping and offers an account of when and how liberalism morally prohibits such discrimination. Part III concludes that such private discrimination is not always contrary to the egalitarian guarantees of liberalism; while there are some cases in which such practices run counter to liberalism's egalitarian guarantees, not all cases of discriminatory shopping have this …