Digital Commons Network^™

Roasting The Pig To Burn Down The House: A Modest Proposal, Stuart M. Benjamin

Faculty Scholarship

This essay addresses the question whether one should support regulatory proposals that one believes are, standing alone, bad public policy in the hope that they will do such harm that they will ultimately produce (likely unintended) good results. For instance, one may regard a set of proposed regulations as foolish and likely to hobble the industry regulated, but perhaps desirable if one believes that we would be better off without that industry. I argue that television broadcasting is such an industry, and thus that we should support new regulations that will make broadcasting unprofitable, to hasten its demise. But it …

Rationale And Design Of A Trial Of Angiotensin-Converting Enzyme Inhibition In Infants With Single Ventricle., Daphne T. Hsu, Seema Mital, Chitra Ravishankar, Renee Margossian, Jennifer S. Li, Lynn A. Sleeper, Richard V. Williams, Jami C. Levine, Brian W. Mccrindle, Andrew M. Atz, Darlene Servedio, Lynn Mahony, Pediatric Heart Network Investigators, Girish S. Shirali

Manuscripts, Articles, Book Chapters and Other Papers

BACKGROUND: Angiotensin converting enzyme (ACE) inhibitors are known to improve clinical outcome and ventricular function in adults with heart failure. Infants with single-ventricle physiology show abnormalities in ventricular function as well as poor growth. The ability of an ACE inhibitor to preserve ventricular function and improve growth in these infants is unknown.

METHODS: The Pediatric Heart Network designed a randomized, double-blind trial to compare outcomes in infants with single-ventricle physiology receiving enalapril or placebo. Neonates < or =45 days old were eligible. The primary outcome is weight-for-age Z-score at 14 months of age. Secondary outcomes include other measures of somatic growth, laboratory and functional measures of heart failure, developmental indices, measures of ventricular size and function, and the relationship of the renin-angiotensin-aldosterone system genotype to the response to enalapril. The incidence and spectrum of adverse events will also be compared between treatment groups.

RESULTS: A total of 1,245 neonates were screened and 533 (43%) were eligible. The consent rate was 43%; 230 subjects were enrolled. Parental reluctance to …

Pecan Grove Review Volume 11, St. Mary's University

Pecan Grove Review

Creative writings by students, faculty, and staff of the St. Mary's University community.

Review Of Existing Australian And International Cyber-Safety Research, Julian J. Dooley, Donna Cross, Lydia Hearn, Robyn Treyvaud

Research outputs pre 2011

Information and communication technologies have permeated almost all areas of society and become an important component of daily functioning for most Australians. This is particularly true for Internet and mobile phone technology. The majority of Australian households (67% in 2007 – 2008) have access to the Internet and over 11 million Australians use the Internet as an integral part of their personal, social and occupational activities. By mid-2008, there were over 22 million active mobile phones being used in Australia, which equates to more than one phone for every citizen. There are many benefits associated with Internet and mobile phone …

Review Of Cancer Among Indigenous Peoples, Sasha Stumpers, Neil Thomson

Research outputs pre 2011

This review provides a comprehensive synthesis of population-level cancer statistics and other key information for Aboriginal and Torres Strait Islander people alongside comparative figures for non-Indigenous Australians. It includes general information on the extent of cancer, including: incidence, hospitalisation and mortality. The review also provides information on the extent of cancer for specific cancers: lung, cervical, breast, prostate, liver, pancreatic and colorectal (bowel). Finally, the review discusses issues surrounding Aboriginal and Torres Strait Islander people’s use of cancer services.

Fitting Weibull Acd Models To High Frequency Transactions Data : A Semi-Parametric Approach Based On Estimating Functions, Kok Haur Ng, David E. Allen, Shelton Peiris

Research outputs pre 2011

Autoregressive conditional duration (ACD) models play an important role in financial modeling. This paper considers the estimation of the Weibull ACD model using a semiparametric approach based on the theory of estimating functions (EF). We apply the EF and the maximum likelihood (ML) methods to a data set given in Tsay (2003, p203) to compare these two methods. It is shown that the EF approach is easier to apply in practice and gives better estimates than the MLE. Results show that the EF approach is compatible with the ML method in parameter estimation. Furthermore, the computation speed for the EF …

A Semiparametric Approach To A Nonlinear Acd Model, Pipat Wongsaart, Jiti Gao, David E. Allen

Research outputs pre 2011

We introduce in this paper a new semiparametric approach to a nonlinear ACD model, namely the Semiparametric ACD (SEMI-ACD) model. This new model is more flexible in the sense that the data are allowed to speak for themselves, without a hypothetical assumption being imposed arbitrarily on its key component. Moreover, it enables a much more thorough examination of the intertemporal importance of the conditional duration on the ACD process. Our experimental analysis suggests that the new model possesses a sound asymptotic character, while its performance is also robust across data generating processes and assumptions about the conditional distribution of the …

Untangling The Net: The Scope Of Content Caught By Mandatory Internet Filtering, Catharine Lumby, Lelia Green, John Hartley

Research outputs pre 2011

The following report considers a number of key challenges the Australian Federal Government faces in designing the regulatory framework and the reach of its planned mandatory internet filter. Previous reports on the mandatory filtering scheme have concentrated on the filtering technologies, their efficacy, their cost and their likely impact on the broadband environment. This report focuses on the scope and the nature of content that is likely to be caught by the proposed filter and on identifying associated public policy implications.

We recognise that the Federal Government faces real challenges in balancing the risks posed by the online media environment …

Australian Covert Bullying Prevalence Study, Donna Cross, Therese Shaw, Lydia Hearn, Melanie Epstein, Helen Monks, Leanne Lester, Laura Thomas

Research outputs pre 2011

The safety of members of the school community is essential to enhance the academic, social development and well being of young people. In line with the United Nations' Convention on the Rights of the Child, the National Safe Schools Framework (NSSF) is regarded as.a highly innovative, collaborative effort on behalf of the Commonwealth, State and Territory Governments to foster the development and implementation of a series of whole-of-school initiatives to produce an integrated national policy for the prevention and early intervention of bullying and other aggressive and violent behaviours.

Yet despite the impact of the NSSF in terms of reducing …

Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas C. Howson

Other Publications

I am asked to present on the "shortcomings of the Western model of legality based on a professionalized, individualistic and highly formalistic approach to justice" as a way to understanding if "the West can develop today a form of legality which is relational rather than based on litigation as a zero sum game, learning from face to face social organizations in which individuals understand the law" - presumably in the context of the imperial and modem Chinese legal systems which I know best as a scholar and have lived for many years as a resident of the modem identity of …

Report On The 2007-2008 Csale Survey Of Applied Legal Educators, David A. Santacroce, Robert R. Kuehn

Other Publications

This report tabulates the results of the 2007-08 Center for the Study of Applied Legal Education (CSALE) Survey of Applied Legal Education. The results provide valuable insight into the state and nature of applied legal education in areas including program design and structure, pedagogical techniques and practices, common program challenges, and the treatment of applied legal educators in the legal academy. And because the Survey will be repeated every three years, the results reported herein provide the "baseline" for examining the growth and development of applied legal education going forward.

The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz

Other Publications

As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products we purchase are generally safe for their intended uses. We rely on manufacturers to design and produce safe products, and we assume that federal regulators are conscientious watchdogs of the marketplace. In most instances, our assumptions are valid and we safely go about our lives. But the regulatory system is now frayed to the point that dangerous products sometimes slip through the cracks. Vioxx, Firestone/ATX tires, and toxics-laden children’s toys have endangered and harmed millions. In these cases, society depends on the state courts as a venue …

How Globalization Affects Tax Design, James R. Hines Jr., Lawrence H. Summers

Articles

The economic changes associated with globalization tighten financial pressures on governments of high-income countries by increasing the demand for government spending while making it more costly to raise tax revenue. Greater international mobility of economic activity, and associated responsiveness of the tax base to tax rates, increases the economic distortions created by taxation. Countries with small open economies have relatively mobile tax bases; as a result, they rely much less heavily on corporate and personal income taxes than do other countries. The evidence indicates that a ten percent smaller population in 1999 is associated with a one percent smaller ratio …

Multiple Imputation To Correct For Measurement Error In Admixture Estimates In Genetic Structured Association Testing, Miguel A. Padilla, Jamin Divers, Laura K. Vaughan, David B. Allison, Hemant K. Tiwari

Psychology Faculty Publications

Objectives: Structured association tests ( SAT), like any statistical model, assumes that all variables are measured without error. Measurement error can bias parameter estimates and confound residual variance in linear models. It has been shown that admixture estimates can be contaminated with measurement error causing SAT models to suffer from the same afflictions. Multiple imputation (MI) is presented as a viable tool for correcting measurement error problems in SAT linear models with emphasis on correcting measurement error contaminated admixture estimates. Methods: Several MI methods are presented and compared, via simulation, in terms of controlling Type I error rates for both …

Obstacles In Investigating The Role Of Restructuring In Insightful Problem Solving, Ivan K. Ash, Patrick J. Cushen, Jennifer Wiley

Psychology Faculty Publications

In the present article, we articulate three assumptions underlying theories proposing that restructuring processes play a key role in insightful problem solving: representational difficulty, representational change, and discontinuity in solution processes. We argue that these assumptions need empirical validation to justify the proposition of restructuring mechanisms that are unique from those involved in classic information-processing theories of problem solving. To this end, we review some theoretical and methodological obstacles that are inherent in the investigation of the existence and nature of restructuring processes. We then offer some recommendations on how to overcome or avoid these obstacles in future studies. Finally, …

Quality Improvement In Small Office Settings: An Examination Of Successful Practices., Daniel Wolfson, Elizabeth Bernabeo, Brian Leas, Shoshanna Sofaer, Gregory Pawlson, Donna Pillittere

College of Population Health Faculty Papers

BACKGROUND: Physicians in small to moderate primary care practices in the United States (U.S.) (<25 >physicians) face unique challenges in implementing quality improvement (QI) initiatives, including limited resources, small staffs, and inadequate information technology systems 23,36. This qualitative study sought to identify and understand the characteristics and organizational cultures of physicians working in smaller practices who are actively engaged in measurement and quality improvement initiatives.

METHODS: We undertook a qualitative study, based on semi-structured, open-ended interviews conducted with practices (N = 39) that used performance data to drive quality improvement activities.

RESULTS: Physicians indicated that benefits to performing measurement and …

Behavioral Couple Therapy: Partner-Involved Treatment For Substance-Abusing Women, William Fals-Stewart, Wendy K.K. Lam, Michelle L. Kelley

Psychology Faculty Publications

Among the various psychosocial interventions presently available to treat alcohol and drug abuse, it could be argued that partner-involved treatments are the most broadly efficacious. There is not only substantial empirical support for the use of couple-based treatments in terms of improvements in primary targeted outcomes, such as substance use and relationship adjustment, but also in other areas that are of clear public health significance, including intimate partner violence (IPV), children's adjustment, and cost-benefit ratio and cost-effectiveness. During the last few decades, programmatic research on the application of partner-involved therapies for substance abuse has been among the most active and …

Procedural And Judicial Limitations On Voir Dire - Constitutional Implications And Preservation Of Error In Civil Cases., R. Brent Cooper, Diana L. Faust

St. Mary's Law Journal

The right to a trial by jury is meaningless without an effective voir dire. Recurring tort reform, rapid technological advancements, immediate access to media coverage of incidents that give rise to litigation have greatly expanded. Consequentially, courts are faced with the prospect that potential jurors’ opinions and attitudes have been tainted. In addition to these issues, trial courts display significant interest in promptly expediting the advancement of their dockets. Voir dire is an essential element of trial strategy. Voir dire allows counsel to establish rapport with potential jurors, introduce them to the issues and facts of the case, and identify …

The Texas Supreme Court's Erroneous Doctrine Of Implied Appellate Jurisdiction., Charles R. Flores

St. Mary's Law Journal

A Texas statute gave final appellate jurisdiction over cases not to the state supreme court but to the intermediate courts of appeals. After losing at the appellate level, one of the parties in Eichelberger v. Eichelberger appealed to the state supreme court despite the statute. But because the court of appeals decision conflicted with a United States Supreme Court decision, the Texas Supreme Court held its jurisdiction should be implied. Though legal commentators declared the decision an abrupt departure from standards for judicial decisions, they postulated it would be invoked so infrequently to do no lasting harm to Texas jurisprudence. …

Alchoholism And Intimate Partner Violence: Effects On Children's Psychosocial Adjustment, Keith Klostermann, Michelle L. Kelley

Psychology Faculty Publications

It is widely recognized that alcoholism and relationship violence often have serious consequences for adults; however, children living with alcoholic parents are susceptible to the deleterious familial environments these caregivers frequently create. Given the prevalence of IPV among patients entering substance abuse treatment, coupled with the negative familial consequences associated with these types of behavior, this review explores what have been, to this point, two divergent lines of research: (a) the effects of parental alcoholism on children, and (b) the effects of children's exposure to intimate partner violence. In this article, the interrelationship between alcoholism and IPV is examined, with …

Evolutionary Theory And The Origin Of Property Rights, James E. Krier

Articles

For legal scholars, the evolution of property rights has been a topic in search of a theory. My aim here is to draw together various accounts (some of them largely neglected in the legal literature), from dated to modern, and suggest a way they can be melded into a plausible explanation of property's genesis and early development. What results hardly amounts to a theory, but it does suggest an outline for one. Moreover, it provides a primer on the subject, a reasonably solid foundation for thinking and talking about the evolution of property rights.

Mitochondrial Mislocalization Underlies Abeta42-Induced Neuronal Dysfunction In A Drosophila Model Of Alzheimer's Disease., Kanae Iijima-Ando, Stephen A Hearn, Christopher Shenton, Anthony Gatt, Lijuan Zhao, Koichi Iijima

Department of Biochemistry and Molecular Biology Faculty Papers

The amyloid-beta 42 (Abeta42) is thought to play a central role in the pathogenesis of Alzheimer's disease (AD). However, the molecular mechanisms by which Abeta42 induces neuronal dysfunction and degeneration remain elusive. Mitochondrial dysfunctions are implicated in AD brains. Whether mitochondrial dysfunctions are merely a consequence of AD pathology, or are early seminal events in AD pathogenesis remains to be determined. Here, we show that Abeta42 induces mitochondrial mislocalization, which contributes to Abeta42-induced neuronal dysfunction in a transgenic Drosophila model. In the Abeta42 fly brain, mitochondria were reduced in axons and dendrites, and accumulated in the somata without severe mitochondrial …

The Value Of Implantable Cardioverter-Defibrillators In Managing Atrial Fibrillation, Daniel Frisch

Division of Cardiology Faculty Papers

Atrial fibrillation (AF) is associated with an increased risk of mortality as well as significant morbidity including bothersome symptoms, exacerbation of heart failure, and thromboembolic events. Explanations for the mortality risk are variable, but the majority opinion favors AF as a marker of reduced health status, especially cardiovascular health.

Peter Mieszkowski And The General Equilibrium Revolution In Public Finance, James R. Hines Jr.

Articles

The importance of understanding the implications of general equilibrium is by now abundantly clear to researchers analyzing public fi nance issues. What is perhaps less apparent is that this was not always so. The study of public fi nance was radically transformed during the 15 years between 1959 and 1974 by the pioneering efforts of a small number of leading scholars, notably including Peter Mieszkowski. Thanks to their efforts, the analysis of applied problems in public finance moved from partial equilibrium to general equilibrium, providing the methods and insights that characterize modern public economics. The transformation began with the publication …

The Patient Life: Can Consumers Direct Health Care?, Carl E. Schneider, Mark A. Hall

Articles

The ultimate aim of health care policy is good care at good prices. Managed care failed to achieve this goal through influencing providers, so health policy has turned to the only market-based option left: treating patients like consumers. Health insurance and tax policy now pressure patients to spend their own money when they select health plans, providers, and treatments. Expecting patients to choose what they need at the price they want, consumerists believe that market competition will constrain costs while optimizing quality. This classic form of consumerism is today's health policy watchword. This article evaluates consumerism and the regulatory mechanism …

Risky Asset Substitution In The Insurance Industry: An Historical Example, Brenda Wells, Karen Epermanis, Larry A. Cox, Michael Mcshane

Finance Faculty Publications

In the 1980s, life insurers sold guaranteed investment contracts (GICs) to pension plan sponsors, then backed these contracts with portfolios heavily weighted with higher risk assets such as common stocks and junk bonds. Ultimately this caused considerable loss, and history has repeated itself in many respects in recent years via holdings of equities and mortgage-backed securities. We evaluate the risky asset substitution in the life insurance industry from an historical perspective to determine if organizational form or other factors might be rationale for managerial decisions to engage in asset substitution. We find evidence that stock insurer managers are more likely …

Florida V. Bostick, Yale Kamisar

Other Publications

501 U.S. 429 (1991), argued 26 Feb. 1991, decided 20 June 1991 by vote of 6 to 3; O’Connor for the Court, Marshall in dissent. What constitutes a “seizure” within the meaning of the Fourth Amendment? Police practices need not be “reasonable”—indeed, are not regulated by the Fourth Amendment at all—unless they are considered “searches” or “seizures.” In this case, which involved a growing antidrug police tactic known as “working the buses” (randomly approaching a bus passenger and asking him for identification and to grant permission to search his luggage), the Court took a narrow view of what constitutes a …

Mallory V. United States, Yale Kamisar

Other Publications

354 U.S. 449 (1957), argued 1 Apr. 1957, decided 24 June 1957 by vote of 9 to 0; Frankfurter for the Court. Although the power of the Supreme Court to overturn state convictions is limited to the enforcement of Fourteenth Amendment due process rights, the Court may formulate rules of evidence in the exercise of its “supervisory power” over the administration of federal criminal justice that go well beyond due process requirements. The best-known example is the McNabb-Mallory rule.

Miranda V. Arizona, Yale Kamisar

Other Publications

384 U.S. 436 (1966), argued 28 Feb. 1966, decided 13 June 1966 by vote of 5 to 4; Warren for the Court, Clark, Harlan, White, and Stewart in dissent. The Warren Court's revolution in American criminal procedure reached its high point (or, depending upon one's perspective, its low point) on 13 June 1966. That day the Court handed down its opinion in Miranda, the most famous, and most bitterly criticized, confession case in the nation's history. To some, Miranda symbolized the legal system's determination to treat even the lowliest and most despicable criminal suspect with dignity and respect. But …

California V. Acevedo, Yale Kamisar

Other Publications

500 U.S. 565 (1991), argued 8 Jan. 1991, decided 30 May 1991 by vote of 6 to 3; Blackmun for the Court, Scalia concurring, Stevens in dissent. Until the 1991 Acevedo case was decided, two different rules governed the search of closed containers found in a motor vehicle. In United States v. Ross (1982), the Court held that if the police had probable cause to search an entire vehicle for contraband and came upon a closed container in the course of the automobile search, they could open the container without first obtaining a warrant. On the other hand, in Arkansas …