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2006

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A Strategic Interpretation Of Legal Transplants, Nuno Garoupa, Anthony Ogus Jan 2006

A Strategic Interpretation Of Legal Transplants, Nuno Garoupa, Anthony Ogus

Faculty Scholarship

In this Paper, we provide a strategic explanation for the spontaneous convergence of legal rules, which nevertheless falls short of harmonization across jurisdictions. We identify a free-riding problem and discuss its implications for legal culture, integration, and harmonization. It is argued that harmonization of legal rules by a central authority in order to generate a uniform legal culture could be the response to a coordination failure. It could also be a serious policy mistake, however, leaving everybody worse off. The result depends crucially on the relative benefits and costs of importing and integrating different legal orders.

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Hardrock Homesteads: Free Access And The General Mining Law Of 1872, Andrew P. Morriss, Roger E. Meiners, Andrew Dorchak Jan 2006

Hardrock Homesteads: Free Access And The General Mining Law Of 1872, Andrew P. Morriss, Roger E. Meiners, Andrew Dorchak

Faculty Scholarship

Most discussions of the US General Mining Law of 1872 begin with the premise that the statute is an outdated relic of 19th-century attitudes towards resources and should be replaced with a modern system of royalties, permits and concessions. In contrast, this article argues that the statute provides institutional mechanisms that resolve incentive problems created by government ownership of mineral resources. Instead of calling for radical change in US mining laws, the authors hold up the free access principle of the General Mining Law of 1872 as a model for privatisation of assets whose value is unknown.

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Jurisdictional Implications In The Reduced Funding Of Lower Federal Courts, James P. George Jan 2006

Jurisdictional Implications In The Reduced Funding Of Lower Federal Courts, James P. George

Faculty Scholarship

This article argues two related propositions. First, if Congress were to eliminate all funding for lower federal courts, its constitutional authority to regulate those courts would become as meaningless as the empty courthouses. Second, Congress breaches its duty to furnish a forum at a point short of full defunding, and with that breach, Congress's regulatory power over private civil disputes otherwise litigable in state courts--preempted and removable state law claims--becomes constitutionally invalid. The first fact setting of full defunding is hypothetical; the second has been underway for several years.

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Real People, Real Resources, And Real Choices: The Case For Market Valuation Of Water, Andrew P. Morriss Jan 2006

Real People, Real Resources, And Real Choices: The Case For Market Valuation Of Water, Andrew P. Morriss

Faculty Scholarship

How is one to value water? Indeed, how does anyone value anything? There are three broad categories of answers to these questions. One relies on the notion of an intrinsic value of a good. In other words, there is a definitive value of a particular good, and this value can be determined by some means. Theological speculations on the "just price" of a good and other speculations on "innate values" of various things often fall into this category. A second category of answers is to deny that a particular good is capable of valuation. Human lives, for example, are often …

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Effekte Pharmakologischer Und Psychotherapeutischer Interventionen Auf Depressionen Bei Kindern Und Jugendlichen. [Effects Of Pharmaco- And Psychotherapeutic Interventions Of Depression In Children And Adolescents]., Patrick Pössel, Martin Hautzinger Jan 2006

Effekte Pharmakologischer Und Psychotherapeutischer Interventionen Auf Depressionen Bei Kindern Und Jugendlichen. [Effects Of Pharmaco- And Psychotherapeutic Interventions Of Depression In Children And Adolescents]., Patrick Pössel, Martin Hautzinger

Faculty and Staff Scholarship

Entgegen früheren Überzeugungen besteht heute Konsens und Evidenz dahingehend, dass Depressionen eine bedeutsame Problematik bei Jugendlichen darstellen. Aus diesem Grund stellt sich die Frage nach effektiven Therapieangeboten für depressive Kinder und Jugendliche. Deshalb werden in der vorliegenden Übersichtsarbeit 24 Originalstudien (Kriterium: kontrollierte, randomisierte Interventionsstudien) zu pharmakologischen, 11 Studien zu psychotherapeutischen Interventionen und zwei Studien zur Kombinationsbehandlung dargestellt. Für etwa die Hälfte der Behandlungmethoden (pharmakologische Methoden 3/8; psychotherapeutische Methoden: 2/5) liegen keine randomisierten Kontrollgruppenstudien vor. Weiterhin liegen nur für einige SSRIs (Fluoxetin, Citalopram, Sertralin) ausschließlich positive Daten bezüglich der Besserung depressiver Symptomatik vor. Weiterhin zeigen sich nur für Fluoxetin keine Hinweise, …

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Be Revolutionary : Images Of Women In Soviet And Cuban Political Posters, Rachel Schlegel Jan 2006

Be Revolutionary : Images Of Women In Soviet And Cuban Political Posters, Rachel Schlegel

Undergraduate Theses and Senior Projects

No abstract provided.

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Women's Attitudes Toward Singlehood, Lisa Peterson Jan 2006

Women's Attitudes Toward Singlehood, Lisa Peterson

Undergraduate Theses and Senior Projects

No abstract provided.

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Legal History Resources, Kurt Metzmeier Jan 2006

Legal History Resources, Kurt Metzmeier

Faculty and Staff Scholarship

A bibliographic essay on resources for the study of Kentucky legal history.

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Effects Of Corruption On Chinese Economic Growth, Justin Hagel Jan 2006

Effects Of Corruption On Chinese Economic Growth, Justin Hagel

Undergraduate Theses and Senior Projects

No abstract provided.

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A Woman's Place : An Authentically Feminist Zone, Elizabeth Anne Blazek Jan 2006

A Woman's Place : An Authentically Feminist Zone, Elizabeth Anne Blazek

Undergraduate Theses and Senior Projects

No abstract provided.

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The Irrepressible Myth Of Celotex: Reconsidering Summary Judgment Burdens Twenty Years After The Trilogy, Adam N. Steinman Jan 2006

The Irrepressible Myth Of Celotex: Reconsidering Summary Judgment Burdens Twenty Years After The Trilogy, Adam N. Steinman

Faculty Scholarship

Twenty years ago, the Supreme Court decided a trilogy of cases on summary judgment. These cases have had a profound impact on federal litigation. Empirical data presented in this article demonstrate that federal courts have cited these three cases more than any Supreme Court decisions in history. Celotex Corp. v. Catrett is widely recognized as the most significant decision of the trilogy, both because it expanded the availability of summary judgment and because it remains the Court's most current instructions on how burdens are allocated between the party seeking and the party opposing summary judgment. However, Celotex failed to clarify …

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State Action Antitrust Exemption Collides With Deregulation: Rehabilitating The Foreseeability Doctrine, Elizabeth Trujillo Jan 2006

State Action Antitrust Exemption Collides With Deregulation: Rehabilitating The Foreseeability Doctrine, Elizabeth Trujillo

Faculty Scholarship

The state action antitrust exemption, also known as the state action immunity doctrine, is used by antitrust defendants to shield themselves against antitrust liability in instances where their anticompetitive conduct, if not under the aegis of state policy, would have been deemed a violation of federal antitrust law. Under the Midcal test, a court may grant state action immunity to a defendant if it is proven that the alleged anticompetitive conduct is pursuant to a clearly-articulated state policy and has been actively supervised by the state.

This paper evaluates the role, function, and definition of the state action exemption in …

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Pay For Performance: Will It Work In Theory, William M. Sage Jan 2006

Pay For Performance: Will It Work In Theory, William M. Sage

Faculty Scholarship

The title of my lecture about pay for performance in health care (often abbreviated as "P4P") echoes a French management saying: "It's all very well in practice, but it will never work in theory." There is no doubt that medical pay for performance is popular. P4P initiatives are everywhere; a search of online news reveals nearly 2,500 stories about pay for performance in the last two years alone. Folk legend Arlo Guthrie would have called P4P a movement-a "Pay for Performance Medical Quality Movement." But before you join in, you might want to know what you are joining. So let's …

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The Role Of Medicare In Medical Malpractice Reform, William M. Sage Jan 2006

The Role Of Medicare In Medical Malpractice Reform, William M. Sage

Faculty Scholarship

The medical malpractice crisis we think we are in is not the medical malpractice crisis we actually are in. Today's malpractice crisis is not an epidemic of lawsuits, impressionable juries, or even excessive insurance premiums. The real medical malpractice crisis is that the law has formed little connection between the malpractice system and the health care system.

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Litigating To Regulate: Massachusetts V. Environmental Protection Agency, Andrew P. Morriss Jan 2006

Litigating To Regulate: Massachusetts V. Environmental Protection Agency, Andrew P. Morriss

Faculty Scholarship

By a 5-4 vote in Massachusetts v. Environmental Protection Agency, the Supreme Court took yet another significant step away from the Framers' vision of the judiciary and toward a politicized Supreme Court sitting as a super-legislature and super-regulator. The Court substituted its judgment for that of the politically accountable branches of the federal government. By dramatically loosening the rules of standing, the Court invited those unhappy with the federal government's failure to regulate in a particular manner in any substantive area to use the federal courts to force federal agencies to regulate. In short, the Court encouraged interest groups …

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Free To Be: Supporting Lesbian, Gay, And Bisexual Students On Catholic Campuses, Jessica B. Buckley Jan 2006

Free To Be: Supporting Lesbian, Gay, And Bisexual Students On Catholic Campuses, Jessica B. Buckley

Faculty and Staff Scholarship

There is a long history of tension between the authority of the Vatican and the relative autonomy of Roman Catholic institutions of higher education, particularly in the United States of America. These tensions currently arise on Catholic campuses where student affairs practitioners seek to support lesbian, gay, and bisexual (LGB) students while at the same time operating within Vatican teaching that homosexuality is objectively disordered (Ratzinger, 1986). This paper will review those Catholic teachings on homosexuality and explore policies and practices of student affairs practitioners seeking to serve LGB students at Catholic higher education institutions.

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Culturally & Linguistically Diverse Populations : Difference Or Disorder?, Whitney Warkentin Jan 2006

Culturally & Linguistically Diverse Populations : Difference Or Disorder?, Whitney Warkentin

Undergraduate Theses and Senior Projects

No abstract provided.

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Embracing An Emerging Structure: The Employment Of Psychiatric Survivors In Ontario Community Mental Health Organizations, Jillian Gail Grant Jan 2006

Embracing An Emerging Structure: The Employment Of Psychiatric Survivors In Ontario Community Mental Health Organizations, Jillian Gail Grant

Theses and Dissertations (Comprehensive)

This dissertation discusses a mixed methods research project exploring the patterns of participation in Ontario community mental health services of those who have utilized the mental health system and exploring the characteristics of two Ontario organizations that have high levels of psychiatric survivor participation, particularly in employment. Framed by structuration theory (Giddens, 1984, 1993) and Foucault's (1969/2002, 1980a, 1980b, 1994d) formulations of power/knowledge, this study occurred in two phases. Starting with a survey of community mental health organizations in Ontario, I explored the extent to which psychiatric survivors participate in organizations. Participation was found in this order of prevalence: planning, …

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A Hero For All Time?, Robert Lowe Jan 2006

A Hero For All Time?, Robert Lowe

College of Education Faculty Research and Publications

Book review of: Rousmaniere, K. (2005). Citizen Teacher: The Life and Leadership of Margaret Haley. New York: State University of New York Press.

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Identification Of Viral And Host Factors Involved In Tombusvirus Replication And Recombination, Natalia Shapka Jan 2006

Identification Of Viral And Host Factors Involved In Tombusvirus Replication And Recombination, Natalia Shapka

University of Kentucky Doctoral Dissertations

Rapid evolution of RNA viruses with mRNA-sense genomes is a major concern to health and economic welfare due to the devastating diseases these viruses inflict on humans, animals and plants. Rapid viral RNA evolution is frequently due to RNA recombination, which can be facilitated by recombination signals present in viral RNAs. Among such signals are short sequences with high AU contents that constitute recombination hot spots in Brome mosaic virus (BMV) and retroviruses. We have demonstrated that a defective interfering (DI) RNA, a model template associated with Tomato bushy stunt virus (TBSV), a tombusvirus, undergoes frequent recombination in plants and …

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Can Trust Be Learned In Heterogeneous Environmetns? An Integrative Model Of Political And Social Learning Through Democracy, Satoshi Machida Jan 2006

Can Trust Be Learned In Heterogeneous Environmetns? An Integrative Model Of Political And Social Learning Through Democracy, Satoshi Machida

University of Kentucky Doctoral Dissertations

While the virtues of social capital in democracies are widely recognized, previous studies have repeatedly shown that social capital is in short supply in heterogeneous communities with ethnic minorities. Against the view that levels of social capital are culturally predetermined, I argue that it is possible to generate social capital by carefully formulating political institutions. Drawing from theories of institutional management of ethnic conflict and theories of institutional learning, I construct an integrated theory of social capital which hypothesizes that citizens learn to trust one another based on their experiences with political institutions during an extended period of democratic rule. …

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Role Of The Neuronal Specific Transcription Coregulator Npdc-1 In Retinoid And Thyroid Receptor Signaling In Human And The Axolotl Ambystoma Mexicanum, Maria Theodosiou Jan 2006

Role Of The Neuronal Specific Transcription Coregulator Npdc-1 In Retinoid And Thyroid Receptor Signaling In Human And The Axolotl Ambystoma Mexicanum, Maria Theodosiou

University of Kentucky Doctoral Dissertations

Section I: This section is an introduction to the field of nuclear receptors. A general overview of nuclear receptor-mediated transcriptional regulation is followed by a review of literature on retinoid and thyroid receptor-mediated signaling. Section II: An introduction to NPDC-1 (neural proliferation, differentiation, and control), its discovery and characterization with regards to developmental expression and cellular localization. In addition NPDC-1 has been found to associate with a number of cell cycle regulatory proteins. NPDC-1 is characterized as a regulator of nuclear receptor-mediated transcriptional regulation. NPDC-1 was also demonstrated to be regulated post-transcriptionally through the ubiquitin/proteosome degradation pathway. Section III: Axolotl …

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Law’S Quandary: An Echo Of The Infinite, A Glimpse Of The Unfathomable, William J. Wagner Jan 2006

Law’S Quandary: An Echo Of The Infinite, A Glimpse Of The Unfathomable, William J. Wagner

Scholarly Articles

No abstract provided.

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Mara’Abe V. Prime Minister Of Israel, Geoffrey R. Watson Jan 2006

Mara’Abe V. Prime Minister Of Israel, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

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Restoring Trust In Corporate Directors: The Disney Standard And The ‘New’ Good Faith, Sarah Helene Duggin, Stephen M. Goldman Jan 2006

Restoring Trust In Corporate Directors: The Disney Standard And The ‘New’ Good Faith, Sarah Helene Duggin, Stephen M. Goldman

Scholarly Articles

The purpose of this Article is to explore the parameters and potential impact of the good faith standard articulated in Disney V and clarified in Stone. Part I begins with a brief review of the historical impact of the tension between entrepreneurial freedom and managerial accountability, and Part II explains why the Disney standard differs significantly from the traditional understanding of good faith as the absence of subjective bad faith. Part III points out that the court's use of the language of bad faith to articulate the new good faith may undercut the effectiveness of the standard. It urges further …

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The Ongoing Battle Over Weingarten Rights For Nonunion Employees: What Do Terrorism, Corporate Fraud And Workplace Violence Have To Do With It?, Sarah Helene Duggin Jan 2006

The Ongoing Battle Over Weingarten Rights For Nonunion Employees: What Do Terrorism, Corporate Fraud And Workplace Violence Have To Do With It?, Sarah Helene Duggin

Scholarly Articles

Part I of this article offers a brief history of the development of the right of employees to co-worker representation. Part II analyzes the Board's June 2004 decision to withdraw Weingarten rights from non-union employees, and Part III explores key policy factors relevant to recognition of an employee's right to the presence of a co-worker in an investigative interview. Part IV argues that, rather than eliminating Weingarten rights for non-unionized workers, the NLRB should take the next available opportunity to reaffirm and enhance these safeguards.

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Recordings, Transcripts And Translations As Evidence, Clifford S. Fishman Jan 2006

Recordings, Transcripts And Translations As Evidence, Clifford S. Fishman

Scholarly Articles

Secretly recorded conversations often play a vital role in criminal trials. However, circumstances such as background noise, accidents, regional or national idioms, jargon, or code may make it difficult for a jury to hear or understand what was said--even if all participants were speaking English. Thus, a recording's value as evidence will often depend on whether an accurate transcript may be distributed to the jury. This Article discusses several legal issues, including: Who should prepare a transcript? What should it contain? How should its accuracy be determined, and by whom? Should the transcript be considered evidence, or only an "aid …

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Theoretical And Empirical Strategies For Managing Irrigation Supplies Risk: The Case Of Rio Mayo Irrigation District In Sonora, Mexico, Akssell Leiva Jan 2006

Theoretical And Empirical Strategies For Managing Irrigation Supplies Risk: The Case Of Rio Mayo Irrigation District In Sonora, Mexico, Akssell Leiva

University of Kentucky Doctoral Dissertations

This dissertation comprises theoretical and empirical models to manage watersupply risk in irrigated agriculture. While irrigation is by itself a strategy to regulate thesupply of water for farm use, water systems that depend on surface water sources are stillsubject to the random inflows that feed their reservoirs. Depending on the size of thereservoir, the demand for irrigation, and the seasonal distribution of inflows, wateravailability may decrease to levels that severely constraint agricultural production. Thisdissertation begins with a theoretical examination of on-farm cropping decisions underwater endowment risk. However, the analysis is extended to the use of a risk-sharinginnovation to transfer the …

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Trade Liberalization And Division Of Labor: Implications For Poverty In China, Xuehua Peng Jan 2006

Trade Liberalization And Division Of Labor: Implications For Poverty In China, Xuehua Peng

University of Kentucky Doctoral Dissertations

The concomitance of prosperity and poverty come as an enigma in today's world.As some people in this world benefit greatly from advanced technologies andglobalization, others are still suffering heavily from poverty. One noticeable fact is thatalmost all developing countries have their own distinguished "poor area". Such poorareas seem to persist regardless of robust economic growth enjoyed by the overalleconomy.By decomposing the developing country into two regions, one rich coastal regionand one poor inland region, this research establishes a new classical general equilibrium3X2 Ricardian model to investigate how trade liberalization will affect the participationin the division of labor by poor individuals …

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Roles Of Cyclooxygenase-2 In Microglial Activation And Dopaminergic Cell Death, Rattanavijit Vijitruth Jan 2006

Roles Of Cyclooxygenase-2 In Microglial Activation And Dopaminergic Cell Death, Rattanavijit Vijitruth

University of Kentucky Doctoral Dissertations

Accumulating evidence suggests that inflammation plays an important role in the progression ofParkinson's disease (PD). Among many inflammatory factors found in the PD brain, cyclooxygenase(COX), especially the inducible isoform, COX-2, is believed to be the critical enzyme in theinflammatory response. Induction of COX-2 is also found in an experimental model of PD producedby administration of 1-methy-4-phenyl-1,2,3,6-tetrahydropyridine (MPTP). To investigate whetherinhibition of COX-2 by valdecoxib or deficiency in COX-2 could prevent dopaminergic neuronaltoxicity and locomotor activity impairment, we injected MPTP into valdecoxib-treated C57BL/6N miceand COX-2 deficient mice, respectively. Both automated total distance and vertical activitymeasurements of the open-field test were significantly …

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