Digital Commons Network^™

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2005 the Eleventh Circuit courts addressed issues of regulatory interpretation of the Clean Air Act (“CAA”); compliance with the National Environmental Policy Act (“NEPA”) in connection with the development of wetlands; and a conflict between the Federal Emergency Management Agency’s (“FEMA”) coastal flood insurance program and the Endangered Species Act (“ESA”). First, the Eleventh Circuit Court of Appeals invalidated a rule of the Alabama Department of Environmental Management that exempted certain stack emissions that otherwise violated the State Implementation Plan under the CAA. Also, the United States District Court for the Northern District of Alabama heard one of several …

A Retrospective, Descriptive Study Of Shoulder Outcomes In Outpatient Physical Therapy, A. Lynn Millar, Philip A. Jasheway, Wendy Eaton, Frances Christensen

Faculty Publications

Study Design: A retrospective, descriptive study of clients with shoulder dysfunction referred to physical therapy. Objectives: To (1) describe the clinical and functional outcomes of clients with shoulder dysfunction following outpatient physical therapy, and (2) to compare the outcomes by type of shoulder dysfunction. Background: Although individuals with shoulder dysfunction are commonly referred to physical therapy, few large descriptive studies regarding outcomes following physical therapy are available. Methods and Measures: Data for 878 clients (468 female, 410 male) were retrieved and analyzed. This database was developed between 1997 and 2000 and included 4 outpatient facilities from 1 healthcare system in …

Comparative Toxicosis Of Sodium Selenite And Selenomethionine In Lambs, A. K. Tiwary, B. L. Stegelmeier, K. E. Panter, L. F. James, Jeffery O. Hall

Animal, Dairy, and Veterinary Science Faculty Publications

Excess consumption of selenium (Se) accumulator plants can result in selenium intoxication. The objective of the study reported here was to compare the acute toxicosis caused by organic selenium (selenomethionine) found in plants with that caused by the supplemental, inorganic form of selenium (sodium selenite). Lambs were orally administered a single dose of selenium as either sodium selenite or selenomethionine and were monitored for 7 days, after which they were euthanized and necropsied. Twelve randomly assigned treatment groups consisted of animals given 0, 1, 2, 3, or 4 mg of Se/kg of body weight as sodium selenite, or 0, 1, …

North Hill Hawk, Jill M. Beauchesne

Graduate Student Theses, Dissertations, & Professional Papers

NORTH HILL HAWK By Jill Marie Beauchesne (No abstract available)

Clearance| Poems, Elizabeth Sanger

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Place Of Invention| Writing Western Women, Rachel Toor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

This Is Normal For People Like Us, Ben Fowlkes

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

We Eat The Color Of Cake, April Maranda Wilder

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Development Of Criteria For The Utilization Of Cement Kiln Dust (Ckd) In Highway Infrastructures, R Asha Sreekrishnavilasam, Maria Caterina Santagata

JTRP Technical Reports

This research addressed the recycling of cement kiln dust (CKD), a by-product of cement manufacturing. While significant quantities of CKD are generated every year, its utilization in construction has been to this day quite limited. Additionally, the issue of reusing already landfilled CKD has remained almost completely unexplored. The work made use of three fresh CKDs collected at different instances from the same U.S. plant, as well as CKD obtained from different locations in a 12 year old landfill adjacent to the plant. A comprehensive experimental study of the physio-chemical and engineering properties of the CKDs was performed, and the …

Intellectual Property Law, David L. Mccombs, Phillip B. Philbin

SMU Law Review

No abstract provided.

Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet

Faculty Scholarship

Researchers studying human behavioral genetics have made significant scientific progress in enhancing our understanding of the relative contributions of genetics and the environment in observed variations in human behavior. Quickly outpacing the advances in the science are its applications in the criminal justice system. Already, human behavioral genetics research has been introduced in the U.S. criminal justice system, and its use will only become more prevalent. This essay discusses the recent historical use of behavioral genetics in criminal cases, recent advances in two gene variants of particular interest in the criminal law, MAOA and SLC6A4, the recent expert testimony on …

Employee Benefit Plans Industry Developments - 2006; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

2006-2007 Undergraduate Catalog, Morehead State University

Morehead State Catalog Archive

2006-2007 undergraduate catalog for Morehead State University.

The Effects Of Bacterial Inoculants On The Fermentation, Aerobic Stability And Rumen Degradability Characteristics Of Wheat Silages, Eki̇n Sucu, İsmai̇l Fi̇lya

Turkish Journal of Veterinary & Animal Sciences

This study was carried out to determine the effects of lactic acid bacteria (LAB) inoculants on the fermentation, aerobic stability and in situ rumen degradability characteristics of wheat silages. Wheat was harvested at the early dough stage. Inoculant-1188 (Pioneer^{®}, USA) and Sil-All (Alltech, UK) were used as LAB inoculants. Inoculants were applied to silages at 1.5 x 10^6 cfu/g levels. Wheat material was ensiled in 1.5-l special anaerobic jars, equipped with a lid enabling gas release only. Three jars from each group were sampled for chemical and microbiological analysis 2, 4, 8, 15 and 50 days after ensiling. At the …

Effect Of The Hatching Month As An Environmental Factor On The Hatching Features Of Bronze Turkeys, Mahi̇ye Özçeli̇k, Harun Ceri̇t, Fi̇kri̇ye Ekmen, İsmet Doğan

Turkish Journal of Veterinary & Animal Sciences

The aim of this study was to determine the effect of hatching month on the hatching features of Bronze turkeys, and to determine the suitable months for hatching. For this purpose, the hatching records of Bronze turkeys raised in the Bingöl Beekeeping and Turkey Production Station from 1998 to 2003 were used. Egg fertility and hatchability of both total eggs and of fertile eggs were investigated, and it was found that the effect of hatching month on all 3 variables was statistically significant. The results regarding all 3 variables were lower in June as compared to the other months investigated. …

The Effects Of Different Light Intensities On Early Life Development Of Sharpsnout Seabream (Diplodus Puntazzo, Cetti, 1777) Larvae, Ali̇ Yildirim Korkut, Şahi̇n Saka, Kürşat Firat

Turkish Journal of Veterinary & Animal Sciences

The effect of different levels of illumination in the early life development stage of sharpsnout seabream (Diplodus puntazzo) larvae was examined. It was determined that illumination affected the relationships between total length and digestive tube length, total length and oil globule volume, and total length and yolk sac volume. The difference in the development of total length of the larvae kept in the dark and in other lighting conditions (30-450 lx) was significant (P < 0.05); however, it was determined that digestive tube development, yolk sac utilisation, and oil globule absorption differences of the larvae were not significant (P > 0.05). As for the covariance test, while the relationship between total length and oil globule volume was not significantly (P > 0.05) different between Group A (dark) …

Constitutional Jurisprudence Of Sandra Day O'Connor: A Refusal To "Foreclose The Unanticipated", Wilson R. Huhn

Akron Law Faculty Publications

Earlier this year, Justice Sandra Day O’Connor retired from the Supreme Court of the United States after 25 years of service. It would be difficult to overstate the impact that Justice O’Connor has had on the interpretation of the Constitution during her tenure on the Court. Her importance to the development of American constitutional law stems from her central position on the Supreme Court. Professor Erwin Chemerinsky has described her role in these terms:

O’Connor is in control. In virtually every area of constitutional law, her key fifth vote determines what will be the majority’s position and what will be …

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 …

Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman

Faculty Scholarship

This article first sets out the child welfare system's assumption that there is a child welfare exception to the Fourth Amendment and then describes the ways it is used to facilitate child maltreatment investigations. It goes on to analyze the validity of this assumption according to current Fourth Amendment doctrine including under the special needs administrative exception. (This analysis may be particularly useful to both family/children's law scholars as well as to Fourth Amendment scholars, as it examines all of the state and federal appellate cases addressing the subject, and provides a most up-to-date evaluation of the Supreme Court's special …

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.

Brief Amici Curiae In Support Of Respondent, Phillip Morris, Usa, Neil Vidmar

Faculty Scholarship

Brief of Neil Vidmar, et al. Amici Curiae in support of Respondent, Phillip Morris, USA v. Williams, No. 15-1256 (U.S. Supreme Court, September 15, 2006) In Williams v. Philip Morris (1999) an Oregon jury awarded the plaintiff $800,000 in compensatory damages and $79.5 million in punitive damages, a verdict upheld by the Oregon Supreme Court, but appealed to the U.S. Supreme Court (oral argument set for Oct 31, 2006). Critics of punitive damages argue that (a) juries are incompetent, irrational or biased in awarding punitive damages and (b) judges and appellate courts fail to police excessive verdicts. This amicus brief …

Harnessing And Sharing The Benefits Of State Sponsored Research, Arti K. Rai, Rebecca S. Eisenberg

Faculty Scholarship

In recent years data-sharing has been a recurring focus of struggle within the scientific research community as improvements in information technology and digital networks have expanded the ways that data can be produced, disseminated, and used. Information technology makes it easier to share data in publicly accessible archives that aggregate data from multiple sources. Such sharing and aggregation facilitate observations that would otherwise be impossible. But data disclosure poses a dilemma for scientists. Data have long been the stock in trade of working scientists, lending credibility to their claims while highlighting new questions that are worthy of future research funding. …

Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels

Faculty Scholarship

One of the most pertinent issues in contemporary European conflict of laws is the tension between Community law and traditional choice of law rules. The biggest problem comes not from the transposition of member state rules on choice of law into methodologically comparable EC Regulations, but rather from the so-called country-of-origin principle. This principle holds, broadly, that EU member states may not impose obligations on a provider of goods and services that go beyond the obligations imposed by the provider's home state. Originally conceived mainly with public law obligations in mind, the principle has an impact on choice of law …

Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel

Faculty Scholarship

This inquiry argues that current Tenth Amendment jurisprudence causes net harm to federalism values under certain circumstances. Specifically, New York v. United States and Printz v. United States protect state autonomy to some extent by requiring the federal government to internalize more of the costs of federal regulation before engaging in regulation, and by addressing any accountability problems that commandeering can cause. But anticommandeering doctrine harms state autonomy in situations where the presence of the rule triggers more preemption going forward. Preemption generally causes a greater compromise of federalism values than does commandeering by eroding state regulatory control. While it …

In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl

Faculty Scholarship

The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain types of agency decisions has recently been championed by the White House and proponents in Congress. Indeed, this past January the Office of Management and Budget finalized guidelines requiring peer review for large classes of agency activities. These initiatives have not gone unchallenged, and a fierce debate has resulted between those who claim peer review will strengthen the scientific basis of agency decisions and those …

Water Resources Year In Review - Winter 2006, Vol. 19, No. 2, Annis Water Resource Institute

AWRI Reviews

No abstract provided.

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 …

“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 …

The Judicial Experiment With Privatizing Religion, Gerard V. Bradley

Journal Articles

1984 was the high water mark of the U.S. Supreme Court's campaign to privatize religion - to strip public life bare of the sacred. It may also prove to be the mid-point: the "naked public square" was mandated by the Supreme Court in 1962, and there is good reason to think that now, in 2007, the Court might finally put an end to their misbegotten experiment.

"Privatization" of religion is tantamount to "secularism." Neither term denotes atheism, the claim that there is no God and that religion is, basically, an illusion. Privatization and secularism refer not to the denial of …