Digital Commons Network^™

Empirical Health Law Scholarship: The State Of The Field, Michelle M. Mello, Kathryn Zeiler

Faculty Scholarship

The last three decades have seen the blossoming of the fields of health law and empirical legal studies and their intersection - empirical scholarship in health law and policy. Researchers in legal academia and other settings have conducted hundreds of studies using data to estimate the effects of health law on accident rates, health outcomes, health care utilization, and costs, as well as other outcome variables. Yet the emerging field of empirical health law faces significant challenges: practical, methodological, and political. The purpose of this Article is to survey the current state of the field by describing commonly used methods, …

The Reluctance To Police The Police, Gil Villagran

Faculty Research, Scholarly, and Creative Activity

A most basic function of government is to ensure public safety, and the San Jose Police Department provides this for our city.  The Department generally has a good reputation for professionally trained officers.  Most police officers like their job, do it professionally, and many remain on the force until retirement.  

Lead Paint: Who Will Bear The Cost Of Abating The Latest Public Nuisance, Greg J. Carlson

UC Law Journal

In the past, mass tort litigation has arisen in the contexts of asbestos, tobacco, environmental contamination and handgun manufacturing. While the theory of public nuisance has found its way into court discussion in most of these contexts, recent lead paint litigation has opened a new chapter to the uncertainties that accompany the use of public nuisance in mass tort litigation. Specifically, a question of liability arises. While lead paint manufacturers may be ordered to follow a particular set of measures to eliminate the paint and its hazards, the answer to one critical question still remains uncertain: Who will ultimately bear …

The Effectiveness Of The Introduction And Amendment Of Traffic Laws On Louisiana Road Crashes, Vamshi Krishna Mudumba

LSU Master's Theses

Evaluating the safety benefit of a treatment provides information to the future safety projects of our transportation system. Various transportation laws have been amended in the state of Louisiana, aiming to reduce the roadway crash rates. The major traffic laws introduced or amended in the state in the past decade were the Graduated Driver Licensing (GDL) Program in 1998, repealing the mandatory motorcycle helmet law in 1999 and reenacting it in 2004, introducing the open alcohol container laws in 2000, and lowering the per se Blood Alcohol Content (BAC) from 0.10 to 0.08 percent in 2003. A before-and-after analysis was …

Internet Use And Environmental Justice: An Exploratory Study, Jane Catherine Dailey

LSU Doctoral Dissertations

My study examined how inner-city adults perceive and experience the Internet as a civic engagement tool, and if they view the Internet as a tool for environmental advocacy. Research shows a consistent divide between those with Internet access and those without. Individuals living in low-income minority communities are the least likely groups to be Internet connected. Consequently, the Internet could further separate historically marginalized communities from important government and social resources rather than bringing them closer. Qualitative research methods were used to reveal socially-constructed perceptions of the Internet as a civic engagement tool in the inner city. Grounded theory techniques …

Factors Affecting Young Driver Safety In The State Of Louisiana, Cherian Cherian-Korah

LSU Master's Theses

Though teenage drivers constitute only 6.4 percent of the total drivers in United States, they are responsible for 14 percent of the fatal crashes and are involved in 18 percent of all police-reported crashes in the country. One of the main causes of teenage crashes was found to be the presence of passengers in the vehicle. This study is focused on the effect of passengers on young drivers in the state of Louisiana. There have been efforts from traffic safety departments to contain crashes involving this age group of drivers and, particularly the Graduated Driver's License Law, which imposes restrictions …

Productivity Growth In The U.S. Trucking Industry, Steven Condon

Agribusiness and Applied Economics

The performance of the trucking industry is very important to the economy given that it moves nearly 70 percent of the nation's freight (Tall et al. 2005). The more efficient and productive trucking fins are, the less the shipping costs are for the trucking firm managers and the end consumers or businesses. Consequently, it has become vital to keep the trucking industry running efficiently and continuing to improve productivity. Productivity change of 115 of the largest firms in the United States was determined for the years 1999 and 2003. The Malmquist Productivity Index was decomposed into technical efficiency change and …

Food Cartology: Rethinking Urban Spaces As People Places, Hannah Kapell, Peter Katon, Amy Koski, Jingping Li, Colin Price, Karen Thalhammer

Master of Urban and Regional Planning Workshop Projects

The Urban Vitality Group (UVG) partnered with the City of Portland, Bureau of Planning to study the effects that food carts have on street vitality and neighborhood livability. The number of food carts within the city seems to be growing, while the City lacks sufficient knowledge about the industry to guide policy. The purpose of the study was to assess the benefits and negative consequences of allowing food carts within the city and to ascertain what economic opportunities may be offered by food carts, especially for low-income and minority entrepreneurs. The findings indicate that food carts have significant community benefits …

Managing California's Fiscal Roller Coaster, David Gamage

Articles by Maurer Faculty

This article analyzes the causes of California's budget crises and prescribes institutional mechanisms for improving California's budgetary management.

"The Perpetuation Of Our Political Institutions": Lincoln, The Powers Of The Commander In Chief, And The Constitution, Michael Les Benedict

Cardozo Law Review

No abstract provided.

A Better Approach For Balancing Authority And Accountability In Shareholder Derivative Litigation, Ann M. Scarlett

All Faculty Scholarship

Corporations present an interesting illustration of the authority versus accountability dilemma. Shareholders elect the directors of the corporation and the law vests those directors with almost unlimited authority to manage the corporation. Yet, shareholders have few effective means for holding directors accountable for their decisions other than through shareholder derivative litigation. In such litigation, the business judgment rule serves as the mechanism by which courts attempt to balance directors' authority to make decisions for the corporation against shareholders' right to hold directors accountable for those decisions.

As this Article discusses, numerous theories exist as to the proper formulation of the …

Carnivores, Urban Landscapes, And Longitudinal Studies: A Case History Of Black Bears, Jon P. Beckmann, Cael W. Lackey

Human–Wildlife Interactions

As urban landscapes expand across the globe, it becomes imperative to understand how these landscapes affect large carnivore populations. We examined the effects of human-altered landscapes on age-specific fecundity and life history parameters for female black bears (Ursus americanus) in urban and wildland regions in the northern Sierra Nevada Mountains of Nevada, including the Lake Tahoe Basin. We followed 12 marked female bears in an urban environment and 10 females in wildland habitats from 1997–2006. Our results show that female bears in urban areas have higher age-specific fecundity rates than did wildland female bears. Despite this difference, female …

Assessment Of Costs Associated With Deer–Vehicle Collisions: Human Death And Injury, Vehicle Damage, And Deer Loss, John A. Bissonette, Christine A. Kassar, Lawrence J. Cook

Human–Wildlife Interactions

Collisions between large vertebrates and vehicles along roadways are an increasing concern, not only because of ecological consequences, but also because of associated economic and social costs. We used a large-scale, long-term data set comprising several databases from Utah to summarize and analyze these costs. The overall cost for 13,020 collisions from 1996 to 2001 in Utah was approximately $45,175,454, resulting in an estimated average per year cost of about $7,529,242 and a mean collision cost of $3,470. These figures include human fatality costs of $24 million (53% of total costs); vehicle damage costs of $18 million (39%); loss of …

Locations Of Deer–Vehicle Collisions Are Unrelated To Traffic Volume Or Posted Speed Limit, John A. Bissonette, Christine A. Kassar

Human–Wildlife Interactions

Consensus is lacking regarding the influence of vehicle speed and traffic volume on deer–vehicle collision (DVC) rates. Yet, annual average daily traffic fl ow (AADT) and posted speed limit (PSL) typically are used to measure these variables. To resolve this conflict, we studied the effects of traffic volume and vehicle speed on DVCs in Utah. Our results showed no relationship between AADT or PSL and DVC occurrence. There are at least 3 explanations for our results: (1) no causal relationship exists; (2) AADT and PSL, as measured, actually explain little of the variation; and (3) data quality problems exist. We …

Demographics Of Non-Hunted White-Tailed Deer Populations In Suburban Areas, Anthony J. Denicola, Dwayne R. Etter, Thomas Almendinger

Human–Wildlife Interactions

Burgeoning deer populations in urban and suburban areas, along with the inherent problems stemming from this increase, are becoming increasingly widespread. To address these problems, wildlife biologists need quality baseline data of herd composition for harvest and treatment forecasts for management and fertility control research programs. In this study, we provide white-tailed deer (Odocoileus virginianus) population data from 4 areas where localized suburban white-tailed deer populations were substantially reduced utilizing sharpshooting as a management tool. In each area, legal hunting was nonexistent for >10 years preceding the sharpshooting program. The areas ranged in size from 300 ha to …

Deer–Vehicle Collision Statistics And Mitigation Information: Online Sources, Terry A. Messmer, Destiny R. Messmer

Human–Wildlife Interactions

Although good data are lacking, published estimates suggest that >1.5 million deer– vehicle collisions (DVCs) occur annually in the United States. The estimated losses exceed 1 billion dollars. In some states, DVCs are a major cause of reportable accidents. Federal, state, and private partners have cooperated in monitoring trends in DVCs and implementing mitigation measures. Most of this information about such measures is readily available via the Internet. The purpose of this paper is to provide the reader with a broad overview of and a guide to the information currently available online to mitigate DVCs.

Avoiding The Blame Game In Managing Problem Black Bears, Michael L. Wolfe

Human–Wildlife Interactions

In June 2007 a black bear (Ursus americanus) took an 11-year-old boy from the tent in which he was sleeping at a semi-wilderness campsite in the Uinta National Forest in Utah and killed him. The off ending bear, a 381-pound adult male, subsequently was destroyed by personnel of the Utah Division of Wildlife Resources and USDA/APHIS/Wildlife Services. The tragic incident, raises the number of recorded human fatalities caused by black bears during the period 1900–2007 to about 52. Although deaths caused by large carnivores are rare, the media attention associated with them focuses public concern for the responsibility …