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2009

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Effects Of Work Experience, Patient Size, And Hand Preference On The Performance Of Sonography Studies, Eric J. Bastian, Joel K. Kits, Joshua D. Weaver, John R. Stevenson, Lynn Carlton, Susan A. Raaymakers, Jennifer Vanderpoel Jan 2009

Effects Of Work Experience, Patient Size, And Hand Preference On The Performance Of Sonography Studies, Eric J. Bastian, Joel K. Kits, Joshua D. Weaver, John R. Stevenson, Lynn Carlton, Susan A. Raaymakers, Jennifer Vanderpoel

Peer Reviewed Articles

Reports to clinic managers of sonographer work-related musculoskeletal disorders, especially those linked to larger patient body sizes, are increasing annually. This study was conducted to determine if patient size, sonographer experience level, and hand preference affected image quality associated with ambidextrous scanning. Thirteen experienced and 11 novice sonographers performed right- and left-handed scans of target organs on three models (5th, 50th, and 95th percentile body weight). Estimated grip force was measured during each scan through the use of force matching with a digital dynamometer. Results revealed a significant (P < .01) interaction effect between specialty and handedness for general and echocardiography for shoulder abduction angle; a significant difference among patient model sizes for grip forces, with the 95th percentile producing the highest estimated grip force values; and a significant difference in shoulder abduction angle among patient model sizes. Image quality was not different across specialties or handedness, and estimated grip force did not differ between handedness across specialties. These findings suggest that both inexperienced and experienced sonographers could benefit from ambidextrous abilities without increasing risk factors for injury or decreasing scanning quality for clinical practice.


Theorizing And Generalizing About Risk Assessment And Regulation Through Comparative Nested Analysis Of Representative Cases, Jonathan B. Wiener, Brendon Swedlow, Denise Kall, Zheng Zhou, James K. Hammitt Jan 2009

Theorizing And Generalizing About Risk Assessment And Regulation Through Comparative Nested Analysis Of Representative Cases, Jonathan B. Wiener, Brendon Swedlow, Denise Kall, Zheng Zhou, James K. Hammitt

Faculty Scholarship

This article provides a framework and offers strategies for theorizing and generalizing about risk assessment and regulation developed in the context of an on-going comparative study of regulatory behavior. Construction of a universe of nearly 3,000 risks and study of a random sample of 100 of these risks allowed us to estimate relative U.S. and European regulatory precaution over a thirty-five-year period. Comparative nested analysis of cases selected from this universe of ecological, health, safety, and other risks or its eighteen categories or ninety-two subcategories of risk sources or causes will allow theory-testing and -building and many further descriptive and …


Using Decision Analysis To Improve Malaria Control Policy Making, Jonathan B. Wiener, Randall A. Kramer, Katherine L. Dickinson, Richard M. Anderson, Vance G. Fowler, Marie Lynn Miranda, Clifford M. Mutero, Kathryn A. Saterson Jan 2009

Using Decision Analysis To Improve Malaria Control Policy Making, Jonathan B. Wiener, Randall A. Kramer, Katherine L. Dickinson, Richard M. Anderson, Vance G. Fowler, Marie Lynn Miranda, Clifford M. Mutero, Kathryn A. Saterson

Faculty Scholarship

Malaria and other vector-borne diseases represent a significant and growing burden in many tropical countries. Successfully addressing these threats will require policies that expand access to and use of existing control methods, such as insecticide-treated bed nets (ITNs) and artemesinin combination therapies (ACTs) for malaria, while weighing the costs and benefits of alternative approaches over time. This paper argues that decision analysis provides a valuable framework for formulating such policies and combating the emergence and re-emergence of malaria and other diseases. We outline five challenges that policy makers and practitioners face in the struggle against malaria, and demonstrate how decision …


Structuring U.S. Innovation Policy: Creating A White House Office Of Innovation Policy, Stuart M. Benjamin, Arti K. Rai Jan 2009

Structuring U.S. Innovation Policy: Creating A White House Office Of Innovation Policy, Stuart M. Benjamin, Arti K. Rai

Faculty Scholarship

This article begins with a discussion of innovation’s importance to the future well-being of American society. The authors then discuss limitations of the current federal framework for making innovation policy. Specifically, the relative absence of innovation from the agenda of Congress and many relevant federal agencies manifests the confluence of two regulatory challenges: first, the tendency of political actors to focus on short-term goals and consequences; and second, political actors’ reluctance to threaten powerful incumbent actors. Courts, meanwhile, lack sufficient expertise and the ability to conduct the type of forward-looking policy planning that should be a hallmark of innovation policy. …


Keynote Address: Understanding The ‘Subprime’ Financial Crisis, Steven L. Schwarcz Jan 2009

Keynote Address: Understanding The ‘Subprime’ Financial Crisis, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


The Antitrust Of Reputation Mechanisms: Institutional Economics And Concerted Refusals To Deal, Barak D. Richman Jan 2009

The Antitrust Of Reputation Mechanisms: Institutional Economics And Concerted Refusals To Deal, Barak D. Richman

Faculty Scholarship

An agreement among competitors to refuse to deal with another party is traditionally per se illegal under the antitrust laws. But coordinated refusals to deal are often necessary to punish wrongdoers, and thus to deter undesirable behavior that state-sponsored courts cannot reach. When viewed as a mechanism to govern transactions and induce socially desirable cooperative behavior, coordinated refusals to deal can sustain valuable reputation mechanisms. This paper employs institutional economics to understand the role of coordinated refusals to deal in merchant circles and to evaluate the economic desirability of permitting such coordinated actions among competitors. It concludes that if the …


The Future Of Securitization, Steven L. Schwarcz Jan 2009

The Future Of Securitization, Steven L. Schwarcz

Faculty Scholarship

Securitization, a process in which firms can raise low-cost financing by efficiently allocating asset risks with investor appetite for risk, has been one of the most dominant and fastest-growing means of capital formation in the United States and the world. The subprime financial crisis, however, has revealed certain defects with how securitization is sometimes utilized. This article examines these defects and the extent they can, and should, be remedied going forward.


Knowing Law’S Limits: Comments On ‘Forgiveness: Integral To Close Relationships And Inimical To Justice?’, Kathryn Webb Bradley Jan 2009

Knowing Law’S Limits: Comments On ‘Forgiveness: Integral To Close Relationships And Inimical To Justice?’, Kathryn Webb Bradley

Faculty Scholarship

No abstract provided.


Compulsory Licensing Of Patented Pharmaceutical Inventions: Evaluating The Options, Jerome H. Reichman Jan 2009

Compulsory Licensing Of Patented Pharmaceutical Inventions: Evaluating The Options, Jerome H. Reichman

Faculty Scholarship

In this Comment, the author traces the relevant legislative history pertaining to compulsory licensing of patented pharmaceuticals from the TRIPS Agreement of 1994 to the 2003 waiver to, and later proposed amendment of, article 31, which enables poor countries to obtain needed medicines from other countries that possess manufacturing capacity. The Comment then evaluates recent, controversial uses of the relevant legislative machinery as viewed from different critical perspectives. The Comment shows how developing countries seeking access to esential medicines can collaborate in ways that would avoid undermining incentives to innovation and other social costs attributed to compulsory licensing. It ends …


The Silver Anniversary Of The United States’ Exclusive Economic Zone: Twenty-Five Years Of Ocean Use And Abuse, And The Possibility Of A Blue Water Public Trust Doctrine, Mary Turnipseed, Stephen E. Roady, Raphael Sagarin, Larry B. Crowder Jan 2009

The Silver Anniversary Of The United States’ Exclusive Economic Zone: Twenty-Five Years Of Ocean Use And Abuse, And The Possibility Of A Blue Water Public Trust Doctrine, Mary Turnipseed, Stephen E. Roady, Raphael Sagarin, Larry B. Crowder

Faculty Scholarship

Sustainably managing marine ecosystems has proved nearly impossible, with few success stories. Ecosystem management failures largely stem from the traditional sector-by-sector, issue-by-issue approach to managing ocean-borne activities—an approach that is fundamentally unable to keep pace with the dynamics of coupled human, ecologi cal and oceanographic systems. In the United States today there are over twenty federal agencies and thirty-five coastal states and territories operating under dozens of statutory authorities shaping coastal and ocean policy. Among marine ecologists and policy experts there is an emerging consensus that a major overhaul in U.S. ocean governance is necessary. This Article suggests that the …


Pregnancy And Sex-Role Stereotyping: From ‘Struck’ To ‘Carhart’, Neil S. Siegel, Reva B. Siegel Jan 2009

Pregnancy And Sex-Role Stereotyping: From ‘Struck’ To ‘Carhart’, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

The guarantee of equal protection of the laws extends to women as well as men. Yet for the first 100 years of the Fourteenth Amendment’s life, the Supreme Court never found a law unconstitutional on the grounds that it discriminated on the basis of sex. Between 1970 and 1980, social movement advocacy and brilliant litigation by Ruth Bader Ginsburg and others changed our constitutional law. Over the course of the decade, the Court extended the anti-stereotyping principle from discrimination on the basis of race to discrimination on the basis of sex. But fidelity to the principle had its limits. In …


After The Revolution – Decline And Return Of U.S. Conflicts Of Laws, Ralf Michaels Jan 2009

After The Revolution – Decline And Return Of U.S. Conflicts Of Laws, Ralf Michaels

Faculty Scholarship

Scholars in the US have become uninterested in conflict of laws, at least in the core issues that spurred the conflict of laws revolution, especially questions of method and areas of tort and contract law. Proposals for a new (third) Restatement have not yet led very far. By contrast, new interest comes from the fringes: special political questions and interdisciplinarity. As to the first, I use the example of same‑sex marriages to discuss the extent to which discussions about politics are inseparably linked with discussions over conflict of laws. Conflict of laws is here not a mere additional field in …


Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman Jan 2009

Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman

Faculty Scholarship

This article is a later version of the author's presentation at the Eleventh Annual Honorable Helen Wilson Nies Memorial Lecture March 26, 2008. Clinical trials are currently used to test drugs; however, the risk and cost of clinical trials are increasing so drastically that the clinical trials may become unsustainable. This article evaluates the legal and economic trends of intellectual property protection for pharmaceutical clinical trial data. The protection of clinical trials has become an alternative to patents as market exclusivity encourages the development and testing of unpatentable pharmaceuticals. This author argues that clinical trials should be treated as a …


Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr. Jan 2009

Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Solicitor General As Mediator Between Court And Agency, Margaret H. Lemos Jan 2009

The Solicitor General As Mediator Between Court And Agency, Margaret H. Lemos

Faculty Scholarship

No abstract provided.


Mechanism Choice, Jonathan B. Wiener, Barak D. Richman Jan 2009

Mechanism Choice, Jonathan B. Wiener, Barak D. Richman

Faculty Scholarship

This chapter reviews the literature on the selection of regulatory policy instruments, from both normative and positive perspectives. It first reviews the mechanism design literature to identify normative objectives in selecting among the menu or toolbox of policy instruments. The chapter then discusses the public choice and positive political theory literatures and the variety of models developed to attempt to predict the actual selection of alternative policy instruments. It begins with simpler early models focusing on interest group politics and proceeds to more complicated models that incorporate both supply and demand for policy, the role of policy entrepreneurs, behavioral and …


Juries And Medical Malpractice Claims: Empirical Facts Versus Myths, Neil Vidmar Jan 2009

Juries And Medical Malpractice Claims: Empirical Facts Versus Myths, Neil Vidmar

Faculty Scholarship

Juries in medical malpractice trials are viewed as incompetent, anti-doctor, irresponsible in awarding damages to patients, and casting a threatening shadow over the settlement process. Several decades of systematic empirical research yields little support for these claims. This article summarizes those findings. Doctors win about three cases of four that go to trial. Juries are skeptical about inflated claims. Jury verdicts on negligence are roughly similar to assessments made by medical experts and judges. Damage awards tend to correlate positively with the severity of injury. There are defensible reasons for large damage awards. Moreover, the largest awards are typically settled …


Regulating Climate: What Role For The Clean Air Act?, James Salzman, Brigham Daniels, Hannah Polikov, Tim Profeta Jan 2009

Regulating Climate: What Role For The Clean Air Act?, James Salzman, Brigham Daniels, Hannah Polikov, Tim Profeta

Faculty Scholarship

While the Obama administration has made climate change a priority and the House of Representatives has passed a bill, it remains uncertain when or if the Senate will act on this issue, much less what final legislation might be signed. Until then, the Clean Air Act (CAA) remains the law of the land. In light of the CAA's central role in addressing climate change over at least the near term and perhaps far longer, on March 26, 2009, a group of the nation’s leading CAA experts gathered at Duke University to focus specifically on how the U.S. Environmental Protection Agency …


After Guantanamo: War, Crime, And Detention, Madeline Morris, Frances A. Eberhard, Michael A. Watsula Jan 2009

After Guantanamo: War, Crime, And Detention, Madeline Morris, Frances A. Eberhard, Michael A. Watsula

Faculty Scholarship

Neither the law of war nor the criminal law, alone or in combination, provides an adequate legal structure for responding to the most serious threats posed by Al Qaeda and similar groups. After identifying the limits of the criminal law and the law of war for these purposes, this article outlines a comprehensive proposal for counterterrorism prosecution and detention policy. Appended to the article is the draft Counterterrorism Detention, Treatment and Release Act. The legislation proposed: 1) defines the category of persons to be subject to detention; 2) delineates procedures for identifying individuals falling within that category; 3) provides a …


Europeanization As A Process: Thoughts On The Europeanization Of Private Law, Christian Joerges Jan 2009

Europeanization As A Process: Thoughts On The Europeanization Of Private Law, Christian Joerges

Faculty Scholarship

Professor Christian Joerges delivered the Second Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2003 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. Professor Joerges puts forth a three part thesis concerning the “Europeanization of Private Law”, the process by which the European Community influences the legal and political policies of its member states within a framework of transnational cooperation. Joerges first establishes the eroding importance of the idea that legal systems operating at the national level fulfill the goals of …


Desperately Seeking Subsidiarity: Danish Private Law In The Scandinavian, European And Global Context, Joseph M. Lookofsky Jan 2009

Desperately Seeking Subsidiarity: Danish Private Law In The Scandinavian, European And Global Context, Joseph M. Lookofsky

Faculty Scholarship

Professor Lookofsky delivered the Sixth Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2007 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. As the European Union draws closer together as a single legal community, the states that comprise the EU and their various local subdivisions struggle to come to terms with the unification and universalization of EU laws across borders. The imposition of civil code practices, particularly in the area of private law, on EU member states has caused great consternation …


Proceedings Of Eksig Conference 2009: Experiential Knowledge, Method & Methodology, Kristina Niedderer, Linden Reilly, Seymour Roworth-Stokes, Chris Smith Jan 2009

Proceedings Of Eksig Conference 2009: Experiential Knowledge, Method & Methodology, Kristina Niedderer, Linden Reilly, Seymour Roworth-Stokes, Chris Smith

DRS Conference Volumes

No abstract provided.


Speech Evaluation Tasks : Normative Data In 19-24 Year Old Women, Lesley A. Alexander Jan 2009

Speech Evaluation Tasks : Normative Data In 19-24 Year Old Women, Lesley A. Alexander

Honors Capstones

The purpose of this study was to augment dated normative studies of typical voice evaluation tasks. One hundred women aged 19-24 years completed several speech tasks. The following were calculated using the Speech Filing System software: s/z ratio, maximum phonation time (MPT), sustained pitch (fo), and diadokokinetic rates (DDK). Results indicated the one hundred female participants were comparable to previously published studies for DDK and Fo; however, they exhibited shorter phoneme durations.


Feeding The Fledgling Repository: Starting An Institutional Repository At An Academic Health Sciences Library., Ann E. Koopman, Am, Daniel G. Kipnis, Msi Jan 2009

Feeding The Fledgling Repository: Starting An Institutional Repository At An Academic Health Sciences Library., Ann E. Koopman, Am, Daniel G. Kipnis, Msi

Academic Commons and Scott Memorial Library Staff Papers and Presentations

In 2005, the Scott Memorial Library at Thomas Jefferson University started an institutional repository (IR), the Jefferson Digital Commons (JDC) . Originally intended as a showcase for faculty scholarship, it has evolved to serve also as a university press for original journals and newsletters, and as an institutional archive. Many lessons have been learned about marketing techniques, common IR issues, and advantages of an IR for a library. IR recruitment has come to be viewed as yet another form of collection development and has been integrated into all forms of the Library's outreach. Jefferson's academic health sciences environment has proven …


Developing Enterprise Budgets For Sustainable School Gardens: Service Learning In A Global Context, Ashley D. Jones, Jennie S. Popp Jan 2009

Developing Enterprise Budgets For Sustainable School Gardens: Service Learning In A Global Context, Ashley D. Jones, Jennie S. Popp

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Service learning programs are becoming a part of curricula in universities throughout the United States. The University of Arkansas, Fayetteville, (UAF) established a service learning program that targeted the educational, health, social, and agricultural needs of a community. The focus of this research aimed to provide students, faculty, community members, school officials, and students with a template for crop budgets. These crop budgets are used to evaluate the costs and returns of producing multiple crops at a school. Crops produced in a sustainable garden must meet three criteria: 1) have minimal negative environmental impact, 2) provide just-in-time production of quality …


Aging And Endothelial Progenitor Cell Telomere Length In Healthy Men, Erich J Kushner, Gary Van Guilder, Owen J Maceneaney, Jennifer N Cech, Brian L Stauffer, Christopher A Desouza Jan 2009

Aging And Endothelial Progenitor Cell Telomere Length In Healthy Men, Erich J Kushner, Gary Van Guilder, Owen J Maceneaney, Jennifer N Cech, Brian L Stauffer, Christopher A Desouza

Health and Nutritional Sciences Faculty Publications

BACKGROUND: Telomere length declines with age in mature endothelial cells and is thought to contribute to endothelial dysfunction and atherogenesis. Bone marrow-derived circulating endothelial progenitor cells (EPCs) are critical to vascular health as they contribute to both reendothelialization and neovascularization. We tested the hypothesis that EPC telomere length decreases with age in healthy adult humans.
METHODS: Peripheral blood samples were collected from 40 healthy, non-obese, sedentary men: 12 young (age 21-34 years), 12 middle-aged (43-55 years) and 16 older (57-68 years). Putative EPCs were isolated from peripheral blood mononuclear cells and telomere length was determined using genomic DNA preparation and …


Unhitching The Horse From The Carriage: Love And Marriage Among The Mosuo, Judith Stacey Jan 2009

Unhitching The Horse From The Carriage: Love And Marriage Among The Mosuo, Judith Stacey

Utah Law Review

In the end, however, the fate of Mosuo kinship will not depend on this sort of cost-benefit analysis of its upsides and downsides. Somewhat poignantly, the very factor that dooms durable relationships between the Mosuo and outsiders now threatens the survival of the Mosuo kinship system itself. To reconcile the pure relationship and family stability, tisese depends upon a high degree of geographic immobility, and perhaps on social and economic stability as well. Cultural conformity also is crucial to sustain intergenerational, extended families. Inherent Mosuo family conflicts over whether or when to divide households due to size and discord seem …


Cautiously Optimistic: Economic Liberalization And Reconciliation In Rwanda's Coffee Sector, Karol C. Boudreaux, Puja Ahluwalia Jan 2009

Cautiously Optimistic: Economic Liberalization And Reconciliation In Rwanda's Coffee Sector, Karol C. Boudreaux, Puja Ahluwalia

Denver Journal of International Law & Policy

No abstract provided.


Foreign Direct Investment, Trade, And China's Competition Laws, Mark S. Blodgett, Richard J. Hunter Jr., Robert M. Hayden Jan 2009

Foreign Direct Investment, Trade, And China's Competition Laws, Mark S. Blodgett, Richard J. Hunter Jr., Robert M. Hayden

Denver Journal of International Law & Policy

No abstract provided.


Sacrificial Lambs Of Globalization: Child Labor In The Twenty-First Century, Ranee Khooshie Lal Panjabi Jan 2009

Sacrificial Lambs Of Globalization: Child Labor In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Denver Journal of International Law & Policy

No abstract provided.