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2007

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Obesity, Public Health, And The Food Supply, Barbara L. Atwell Jan 2007

Obesity, Public Health, And The Food Supply, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This Article proposes a three-part approach to improve the food supply. Specifically, it explores government taxing and spending, two traditional public health tools, and suggests that both of these governmental powers can be used to make healthier foods more readily reasonable prices, while increasing the cost of less healthy alternatives. Finally, it proposes that we promote a true “food democracy” through the creation of an education and awareness campaign. This campaign would not only better educate Americans about proper nutrition but would also focus on how we can change our entire relationship with food. It would encourage consumption of locally …

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Market Fragmenting Regulation - Why Gasoline Costs So Much (And Why It's Going To Cost More), Andrew P. Morriss, Nathaniel Stewart Jan 2007

Market Fragmenting Regulation - Why Gasoline Costs So Much (And Why It's Going To Cost More), Andrew P. Morriss, Nathaniel Stewart

Faculty Scholarship

Virtually everyone holds an opinion on what is wrong with gasoline markets. Some critics argue that gasoline costs too much, fattening greedy oil barons at the expense of consumers. Some link reducing oil producers' profits to stopping terrorism. Others contend that gasoline costs too little, subsidizing suburban sprawl and gas-guzzling SUVs at the expense of the environment. Web sites track gasoline prices and grocery stores sell low-cost fuel to lure shoppers. Policy makers debate whether gas taxes should be cut to lower the cost of living; need to be increased to make drivers pay the full cost of their behavior; …

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The Ever-Expanding Health Care Conscience Clause: The Quest For Immunity In The Struggle Between Professional Duties And Moral Beliefs, Maxine M. Harrington Jan 2007

The Ever-Expanding Health Care Conscience Clause: The Quest For Immunity In The Struggle Between Professional Duties And Moral Beliefs, Maxine M. Harrington

Faculty Scholarship

The role of religion in the delivery of health care, particularly family planning and reproductive health services, has been discussed extensively. The debate over moral refusals in health care appears to be intensifying for a number of reasons. Society has seen the rapid expansion of controversial medical technologies such as embryonic stem cell research, genetic testing, cloning, and in vitro fertilization. Political controversy erupted over the application before the FDA to switch Plan B, an emergency contraceptive, from prescription to nonprescription status. The physician-assisted suicide debate and the Terri Schiavo case brought renewed attention to end-of-life care issues. Finally, the …

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Environmental Finance Center Network Directory, Vivian Tucker Jan 2007

Environmental Finance Center Network Directory, Vivian Tucker

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

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Northeast Ohio Information Technology Workforce Report, Center For Public Management Jan 2007

Northeast Ohio Information Technology Workforce Report, Center For Public Management

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

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Determination Of Laser Absorption Coefficients Of Gas Mixtures Using An Ab Initio Md Model, Zhi Liang, Hai-Lung Tsai, Lan Jiang Jan 2007

Determination Of Laser Absorption Coefficients Of Gas Mixtures Using An Ab Initio Md Model, Zhi Liang, Hai-Lung Tsai, Lan Jiang

Mechanical and Aerospace Engineering Faculty Research & Creative Works

In an Effort to Study the Laser Induced Dissociation of Gas Mixtures for an Ongoing Research Project on Diamond Thin Film Coating using Multiple Lasers, It is Necessary to Determine the Absorption Coefficient of Laser Energy by CO2 Gas. an Ab Initio Molecular Dynamics (AIMD) Model is Used to Determine the Laser Absorption Coefficient of CO2 Gas as a Function of Laser Wavelength and Gas Temperature. the Translational, Rotational, and Vibration Motions of Molecules Are All Taken into Account in Our Model. the Intra-Molecular Potential Energy is Obtained by Solving the Kohn-Sham Equation. the Projector-Augmented Wave (PAW) Exchange-Correlation Potential Function …

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Provocative Enactments As Regulators Of Underarousal And Its Associated Affects, Steven Bashkoff Jan 2007

Provocative Enactments As Regulators Of Underarousal And Its Associated Affects, Steven Bashkoff

Dissertations, Theses, and Capstone Projects

This theoretical/clinical-case study explores the function of provocative enactments as a means to regulate underaroused states and the affects associated with underarousal. A great deal of psychoanalytic literature emphasizes the function of provocative enactments as destructive or as a way to devalue others or disconnect from them; this function certainly exists in one class of such enactments where the actor’s goal is to destroy interpersonal ties or enhance self-esteem by kindling negative affect in the other person. However, this dissertation proposes that there exists another, distinct class of provocative enactments where their function serves to activate or reengage another person …

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Edward Durell Stone: Perception And Criticism, Mary Anne Hunting Jan 2007

Edward Durell Stone: Perception And Criticism, Mary Anne Hunting

Dissertations, Theses, and Capstone Projects

The work of the New York City-based architect Edward Durell Stone (1902-1978) has been subject to ongoing critical controversy. Stone achieved phenomenal success, beginning in the 1950s as an architect in the period of the Cold War, with buildings on four continents, in thirteen foreign countries, and in thirty-two states. But an examination of his stylistic progression reveals that Stone increasingly fell out of critical favor as he shifted modernism from the International Style to a more "romantic" modern aesthetic that incorporated decoration along with aspects of monumentality, regionalism, historicism, and fantasy—a progression that can be traced in six of …

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Family Temporal Organization And Children's Affect Regulation: A Quantitative And Qualitative Study Of First Generation Dominican Families, Alba Cabral Jan 2007

Family Temporal Organization And Children's Affect Regulation: A Quantitative And Qualitative Study Of First Generation Dominican Families, Alba Cabral

Dissertations, Theses, and Capstone Projects

This study examined the hypothesis that temporal organization of family life is associated with children's affect regulation in first generation Dominican families. Eighteen families with children between ages one and half and five participated in this study, completing questionnaires about family time and routines, children's affect regulation, and child behavior problems. The families participated in interviews that inquired into family routines, family time and children's affect regulation according to the parent. Four of these families were selected for qualitative analysis of themes that illuminated the hypotheses tested. Correlational analysis confirmed the main hypothesis tested, namely, the existence of a relationship …

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Engaging The Eighties: Ethics, Objects, Periods, Kevin L. Ferguson Jan 2007

Engaging The Eighties: Ethics, Objects, Periods, Kevin L. Ferguson

Dissertations, Theses, and Capstone Projects

This dissertation examines a recent decade in American history whose unique notion of self-periodization generated important questions of ethical engagement and withdrawal. Situated during a time of an increasingly complex relationship between literature and theory, thinkers in the 80s self-consciously shifted towards making claims about their present moment which were based on the logic of rupture, and which thus created an either-or logic of pessimism or optimism in response to this rupture. These kinds of self-periodizing notions generally are collected under the rubric "postmodernism" and the first chapter deals with a transatlantic movement between theorists such as Fredric Jameson and …

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Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo Jan 2007

Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo

Faculty Scholarship

No abstract provided.

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The Politics Of Teen Women’S Sexuality: Public Policy And The Adolescent Female Body, Michelle Fine, Sara I. Mcclelland Jan 2007

The Politics Of Teen Women’S Sexuality: Public Policy And The Adolescent Female Body, Michelle Fine, Sara I. Mcclelland

Publications and Research

Teen women's sexual and reproductive lives are shaped by laws and public policies that expand or constrict their educational and health supports. Most adolescents depend substantially on the public sector to help support their healthy sexual development and to protect them from sexual violence, disease, and pregnancy. Thus, it is critical to examine the ways in which public policies concerning young women's sexualities have been forged within religious and "moralizing" discourses. The explicit pairing of law and religious ideology has transformed the role of law and public policy in young women's lives from a supportive function to one that censures …

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Activism And Pedagogies: Feminist Reflections, Patricia Ticineto Clough, Michelle Fine Jan 2007

Activism And Pedagogies: Feminist Reflections, Patricia Ticineto Clough, Michelle Fine

Publications and Research

Together our two essays move between scenes of teaching and researching with women and men who are or have been in prison. Having written on ethnography, autoethnography, and participatory research, we both have sought a method that would allow us to abandon superficial identifications, mistaken for deep connection, with those who are or have been incarcerated. While we are conscious of the failures and successes of our attempts, we nonetheless write because what we have learned about the state's support for mass incarceration and the state's retreat from public higher education—particularly for persons of color—more than warrants it. With this …

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Executive Power And The Political Constitution, Richard H. Fallon Jr. Jan 2007

Executive Power And The Political Constitution, Richard H. Fallon Jr.

Utah Law Review

At the present time, it seems safe to assume that in any case in which the President defied a direct judicial order, Congress and the people would begin with strong presumptions that it was lawless and unconstitutional for the President to disobey and that a lawless President cannot be tolerated. In acceding to direct judicial mandates in nearly all cases in constitutional history, presidents have probably made political as well as legal calculations in at least some instances. In other words, they have likely complied with judicial orders, not only because they felt that the Constitution obliged them to do …

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Public Law And Private Process: Toward An Incentivized Organizational Justice Model Of Equal Employment Quality For Caregivers, Rachel Arnow-Richman Jan 2007

Public Law And Private Process: Toward An Incentivized Organizational Justice Model Of Equal Employment Quality For Caregivers, Rachel Arnow-Richman

Utah Law Review

This Article advocates what I call an organizational justice approach to equal employment quality, consisting of a set of judicially enforceable private due process rights designed to enhance worker voice and provide incentives for voluntary employer accommodation of caregiving. In so doing, it joins the work of a number of advocates and scholars who have called for greater legal protection for working caregivers. These thinkers have made significant strides both in focusing the discussion toward issues of long-term success and employment quality and in theorizing normative and doctrinal bases for holding employers responsible for the status of caregivers. To date, …

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Act Like A Lawyer, Be Judged Like A Lawyer: The Standard Of Care For The Unlicensed Practice Of Law, Sande L. Buhai Jan 2007

Act Like A Lawyer, Be Judged Like A Lawyer: The Standard Of Care For The Unlicensed Practice Of Law, Sande L. Buhai

Utah Law Review

The Washington model, in which limited unlicensed practice is explicitly authorized, regulated, and subjected to an ex post attorney's standard of care, is by far the cleanest approach to the problem. For jurisdictions that mediate between permitted and unpermitted provision of legal services by non-lawyers by finetuning their definition of "practice of law," one of two approaches may accomplish the desired ex post goal. First, courts may define "practice of law" expansively for ex post standard of care purposes while restricting it for ex ante regulatory purposes. Although this is effectively the equivalent of the Washington model, it may prove …

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The Admission Of Unreliable Expert Testimony Offered By The Prosecution: What's Wrong With Daubert And How To Make It Right, Elizabeth L. Decoux Jan 2007

The Admission Of Unreliable Expert Testimony Offered By The Prosecution: What's Wrong With Daubert And How To Make It Right, Elizabeth L. Decoux

Utah Law Review

On December 29, 1992, Phoenix, Arizona letter carrier Ray Krone answered a knock at his door. On his doorstep he found police officers seeking to question him about the murder ofa bartender he knew. The police asked Krone to bite a Styrofoam mold so his dental impression could be compared to bite-marks on the dead woman's body. Krone, who had no criminal record, readily complied because he knew the bite-mark would not match his dental impression: he was innocent. Krone was stunned when police later arrested him based on a local dentist's opinion that Krone's teeth made the bite-marks on …

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Turning A Blind Eye To Unmarried Cohabitants: A Look At How Utah Laws Affect Traditional Protections, Jared Richards Jan 2007

Turning A Blind Eye To Unmarried Cohabitants: A Look At How Utah Laws Affect Traditional Protections, Jared Richards

Utah Law Review

A brief exploration of the intrinsic limitations of common-law marriage and cohabitation contracts in light of Utah law indicates that these two classic remedies for unmarried cohabitants are quite ineffective in providing protection to dependent partners in cohabitant relationships. In addition, Utah's current laws are arranged in a way that leaves Utah wide open to absorb the costs of the inevitable consequences of cohabitation relationships-break-up. Utah's laws provide no economic relief or protection to unmarried cohabitants where one partner is a provider and the other a dependent. The lack of legal protections will often result in the dependent partner relying …

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Victim Participation In The Criminal Justice System: In Re Kenna And Victim Access To Presentence Reports, Matthew B. Riley Jan 2007

Victim Participation In The Criminal Justice System: In Re Kenna And Victim Access To Presentence Reports, Matthew B. Riley

Utah Law Review

The issue of victims' access to presentence reports will undoubtedly receive more and more attention as federal courts continue to give definition to the provisions of the Crime Victims' Rights Act. While the CVRA clearly seeks to provide victims a greater participatory role in the criminal justice process, confidentiality concerns may outweigh full disclosure ofpresentence reports.

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The Missing Theory Of Variable Selection In The Economic Analysis Of Tort Law, James M. Anderson Jan 2007

The Missing Theory Of Variable Selection In The Economic Analysis Of Tort Law, James M. Anderson

Utah Law Review

This Article raises an issue that has only been tangentially addressed in the economic literature on tort law: which accident inputs should a court examine when determining liability and which should it take as given? Economic theory yields no a priori answer to this question. Without an answer to this question, the economic analysis of tort law yields indeterminate prescriptions. This Article proposes an analytical framework-a continuum from long-run to short-run accident inputs-to help understand the problem. Many conventional doctrines of tort law map onto this continuum, and it helps make clear the tradeoffs a court faces in choosing tIle …

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Bringing Scalia's Decalogue Dissent Down From The Mountain, Kyle Duncan Jan 2007

Bringing Scalia's Decalogue Dissent Down From The Mountain, Kyle Duncan

Utah Law Review

Scalia's dissent in McCreary County may well turn out to be important and controversial, but not for the reasons that legal scholars have so far identified. A close reading of the dissent-in light of Scalia's overall approach to using tradition in constitutional interpretation-shows that Scalia is not using tradition to propose an Establishment Clause hardwired by the founders for monotheistic religions. Tradition does not typically serve that kind of positive function in Scalia's jurisprudence, and it does not do so in McCreary County. Instead, tradition serves as a tool of judicial restraint, precisely to avoid imprinting the judiciary's own views …

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Bapcpa's New Section 109(H) Credit Counseling Requirement: Is It Having The Effect Congress Intended?, Michael Newman Jan 2007

Bapcpa's New Section 109(H) Credit Counseling Requirement: Is It Having The Effect Congress Intended?, Michael Newman

Utah Law Review

In a perfect world, Congress would immediately revise BAPCPA to clarify these points of dispute. BAPCPA contains ambiguities that have and will create difficulties for the courts, honest debtors, and creditors. The discussion set forth herein demonstrates one set of difficulties arising out of the ambiguities of BAPCPA. The courts have struggled, in the face of penalizing good-faith debtors with the BAPCPA automatic stay limitations of sections 362(c)(3) and (4), to interpret the consequences of a debtor's failure to comply with the BAPCPA credit counseling requirement of section 109(h). The automatic.stay limitations, which were enacted to deter abusive filings by …

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Toward A Feminist Theory Of The Rural, Lisa R. Pruitt Jan 2007

Toward A Feminist Theory Of The Rural, Lisa R. Pruitt

Utah Law Review

Angela Harris argued almost two decades ago that, "to energize legal theory, we need to subvert it with narratives and stories, accounts of the particular, the different, the hitherto silenced. I have sought to do precisely that here: to surface the stories of rural women, one group who have been overlooked, misunderstood, and thus silenced. Rural women have been silenced not only because of the lack of power that stems from socioeconomic disadvantage, but also because of their physical distance from public places, from centers of power, from services, and from opportunities of all sorts. The deepest atrocities of their …

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A Trap For The Rational: Simultaneous Removal And Appointment Of A General Partner Under The Revised Uniform Limited Partnership Act, Mitchell A. Stephens Jan 2007

A Trap For The Rational: Simultaneous Removal And Appointment Of A General Partner Under The Revised Uniform Limited Partnership Act, Mitchell A. Stephens

Utah Law Review

Although limited partnerships may have become less important with the advent of the limited liability company, they still play a significant role in the United States. "[T]he International Association of Commercial Administrators (IACA) indicate that the limited partnership remains a significant entity of choice. IACA's members report more than 63,000 new limited partnerships filings in 2000, more than 55,000 in 2001, and more than 63,000 in 2002. These numbers are in addition to the "hundreds of thousands of existing limited partnerships. Additionally, four uniform laws address the legal treatment of limited partnerships.

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Codifying Copyright's Misuse Defense, Tom W. Bell Jan 2007

Codifying Copyright's Misuse Defense, Tom W. Bell

Utah Law Review

This Article has described and defended a codification of copyright's misuse doctrine. The § l07(b) proposed here largely follows the case law in defining the scope and effect of the defense. In specifying that certain contractual restrictions constitute misuse, § l07(b) also pursues a policy of ensuring that fair use continues to protect our freedoms of expression. If thus codified, the misuse defense would promote the public good by making copyright rights less vague, less threatening, and ultimately less important.

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Method And Madness In Copyright Law, Dan L. Burk Jan 2007

Method And Madness In Copyright Law, Dan L. Burk

Utah Law Review

Copyright law is a source of nearly endless scholarly fascination because of the paradoxes, the absurdities, the contradictions in its doctrines. Lewis Carroll's White Queen had nothing on copyright law. Copyright asks us to accept far more than six impossible, almost nonsensical assertions as part of its standard doctrine. Copyright asks us to believe, for example, that creative works have an existence independent of their embodiment that corporations, rather than people, can author documents that computer code is a literary work, like poetry or novels that artists have a special propensity to bungle their business affairs. The list seems nearly …

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The Public's Right To Fair Use: Amending Section 107 To Avoid The "Fared Use" Fallacy, Wendy J. Gordon, Daniel Bahls Jan 2007

The Public's Right To Fair Use: Amending Section 107 To Avoid The "Fared Use" Fallacy, Wendy J. Gordon, Daniel Bahls

Utah Law Review

We also suggest that § 107 drop its potentially restraining first clause,156 and that it identify fair use as a right. These changes would further underline the importance of fair use, by making clear that it can playa role in cases involving the DMCA, that fair use is a crucial part of any conflicts analysis under preemption, and that the burden of proving all elements of fair use need not rest on the defendant. As the Supreme Court has said of the public's ability to copy unpatented inventions, the public's ability to "copy and to use" is a "right that …

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Copyright, Fair Use And Motion Pictures, Peter Jaszi Jan 2007

Copyright, Fair Use And Motion Pictures, Peter Jaszi

Utah Law Review

The Edison court also demonstrated another kind of truth about motion pictures: that from its inception the new medium was a radically appropriative one. Whether or not one believes the self-serving and ultimately unavailing representation of the defendant, Sigmund "Pop" Lubin, that he was unaware of the Edison copyright is not the pointS then, as now, the movies thrived on their ability to capture and repurpose existing material, much of it subject to prior claims of copyright protection.

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American Moral Rights And Fixing The Dastar "Gap", Justin Hughes Jan 2007

American Moral Rights And Fixing The Dastar "Gap", Justin Hughes

Utah Law Review

If you adhere to a pure economic incentive view of American copyright law, then it may be a waste of judicial resources to "require[e] that courts adjudicate disputes relating to attribution in cases where attribution offers no market benefits -that is, it may be a waste of time to fix a relatively small problem with no economic import. On the other hand, if you believe that attribution and recognition are quite important to authors regardless of the economic benefits, then-while still respecting the public domain spirit of the Court's decision-the Dastar gap would be an easy thing to fix.

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Authors In Disguise: Why The Visual Artists Rights Act Got It Wrong, Roberta Rosenthal Kwall Jan 2007

Authors In Disguise: Why The Visual Artists Rights Act Got It Wrong, Roberta Rosenthal Kwall

Utah Law Review

In the civil law tradition, moral rights protection is justified on the ground that a work of creative authorship reveals the author's individual process of creativity and artistic autonomy. Thus, given the infusion of "self' that occurs by virtue of the authorship process, an author should be entitled to claim certain personal guarantees such as the right of attribution and the right of integrity, which allow an author to prevent modifications to her work that are inconsistent with her artistic vision. Some critics are troubled, however, by the very concept of moral rights. Beginning in the late 1970s, literary critics …

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