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2009

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Collateral Damage And Securities Litigation, Bradford Cornell, James C. Rutten Jan 2009

Collateral Damage And Securities Litigation, Bradford Cornell, James C. Rutten

Utah Law Review

Because environmental crimes can be committed by businesses, regulating and enforcement entities such as the Department of Justice (“DOJ”) and the Environmental Protection Agency (“EPA”) may have a particular interest in indicting a corporation as a means of protecting the public at large. Although major environmental statutes such as the Clean Water Act and the Clean Air Act provide for civil penalties, some environmental violations are such that criminal charges may be appropriate both as a means of punishing wrongdoing and also to deter future violations. Additionally, the U.S. Attorneys’ Manual states prosecution of corporate crime is a high priority …

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From Identity Politics To Ideology Politics, Jessica Knouse Jan 2009

From Identity Politics To Ideology Politics, Jessica Knouse

Utah Law Review

We live in a lacuna between identity politics and post-identity politics. Although we understand that identity groups like African Americans and women are not ideologically monolithic, we continue to use race and gender as proxies for ideology. Although some have proclaimed the 2008 presidential election the first “post-identity politics election,” issues of race and gender continue to dominate the public forum. In short, although we want to have transcended identity politics, we have not. This Article asks why not, and concludes that the existing equal protection doctrine is partly to blame. It proposes that we abandon the existing doctrine, which …

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Extending The Shadow Of The Law: Using Hybrid Mechanisms To Develop Constitutional Norms In Socioeconomic Rights Cases, Brian Ray Jan 2009

Extending The Shadow Of The Law: Using Hybrid Mechanisms To Develop Constitutional Norms In Socioeconomic Rights Cases, Brian Ray

Utah Law Review

As a hybrid process that operates somewhere between pure ADR and pure adjudication—and, indeed oscillates between those extremes—engagement offers a novel and potentially important tool for enforcing socioeconomic rights. That tool falls somewhat short of the call by the Constitutional Courts’ critics for fullfledged judicial interpretation and enforcement, but the same features that make engagement something less than strong court enforcement also enhance its legitimacy.

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Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin, Jr. Jan 2009

Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin, Jr.

Utah Law Review

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have given rise …

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Height Discrimination In Employment, Isaac B. Rosenberg Jan 2009

Height Discrimination In Employment, Isaac B. Rosenberg

Utah Law Review

This Article looks critically at heightism, i.e., prejudice or discrimination against a person on the basis of his or her height. Although much scholarship has focused on other forms of trait-based discrimination—most notably weight and appearance discrimination, both of which indirectly involve height as a component—little has focused on “pure” height discrimination. Nevertheless, within the past five years courts, scholars, and legislatures have increasingly tackled these non-traditional forms of discrimination. As such, this Article endeavors to fill the gap in the existing scholarship.

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Divided Loyalties: How The Metlife V. Glenn Standard Discounts Erisa Fiduciaries’ Conflicts Of Interest, Beverly Cohen Jan 2009

Divided Loyalties: How The Metlife V. Glenn Standard Discounts Erisa Fiduciaries’ Conflicts Of Interest, Beverly Cohen

Utah Law Review

Professor Langbein, a noted ERISA scholar, has argued convincingly in favor of applying de novo review to ERISA benefit denials where the fiduciary acted under a conflict of interest. While the Supreme Court in MetLife rejected the de novo standard in favor of retaining Firestone’s arbitrary and capricious standard coupled with weighing the conflict as a factor, application of the MetLife standard yields a result that is so close to de novo review as to be virtually indistinguishable. By allowing the reviewing court to assign a discretionary weight to the conflict, it is uncertain how much, if any, deference will …

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Web Site Proprietorship And Online Harassment, Nancy S. Kim Jan 2009

Web Site Proprietorship And Online Harassment, Nancy S. Kim

Utah Law Review

Although harassment and bullying have always existed, when such behavior is conducted online, the consequences can be uniquely devastating. The anonymity of harassers, the ease of widespread digital dissemination, and the inability to contain and/or eliminate online information can aggravate the nature of harassment on the Internet. Furthermore, section 230 of the Communications Decency Act provides Web site sponsors with immunity for content posted by others and no incentive to remove offending content.

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Good Faith, Fiduciary Duties, And The Business Judgment Rule In Delaware, Clark W. Furlow Jan 2009

Good Faith, Fiduciary Duties, And The Business Judgment Rule In Delaware, Clark W. Furlow

Utah Law Review

The Delaware courts frequently refer to a corporate director’s duty of good faith. However, they struggle to define it. One Delaware judge described this struggle as a “fog of hazy jurisprudence.” Delaware’s inability to offer a clear, consistent conception of good faith is significant because, under Delaware statutory law, a director is not entitled to protection from personal liability for a decision that was not taken in good faith.

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Introduction, Robert W. Adler Jan 2009

Introduction, Robert W. Adler

Utah Law Review

Although criminal enforcement has always been an important component of environmental law, the year of this symposium (2009) marked the twenty-year anniversary of an event that, for some, increased attention to the propriety and effectiveness of criminal remedies as tools for environmental protection. On March 24, 1989, the Exxon Valdez supertanker ran aground in Alaska’s Prince William Sound, spilling almost eleven million gallons of North Slope crude oil and causing one of the largest and most significant single-incident environmental disasters in history. Among the casualties were hundreds of thousands of birds, more than a thousand sea otters, hundreds of bald …

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Up From The Sewers: A Perspective On The Evolution Of The Federal Environmental Crimes Program, Raymond W. Mushal Jan 2009

Up From The Sewers: A Perspective On The Evolution Of The Federal Environmental Crimes Program, Raymond W. Mushal

Utah Law Review

The environmental crimes program has become an established part of our environmental protection effort. It exists at all levels of government, federal, state, and local. But how do we describe its evolution? There are a number of ways in which this can be done. One, of course, would be to track the case statistics and trends through the years. Another—which is the approach of this essay—would be to focus less upon the cases, as such, and more upon the background developments and issues that have characterized the federal program over time. A pattern emerges in which each successive decade has …

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The Belt And Suspenders Approach: The Advantages Of A Formalized Environmental Compliance Program, Carol Dinkins, Sean Lonnquist Jan 2009

The Belt And Suspenders Approach: The Advantages Of A Formalized Environmental Compliance Program, Carol Dinkins, Sean Lonnquist

Utah Law Review

Because environmental crimes can be committed by businesses, regulating and enforcement entities such as the Department of Justice (“DOJ”) and the Environmental Protection Agency (“EPA”) may have a particular interest in indicting a corporation as a means of protecting the public at large. Although major environmental statutes such as the Clean Water Act and the Clean Air Act provide for civil penalties, some environmental violations are such that criminal charges may be appropriate both as a means of punishing wrongdoing and also to deter future violations. Additionally, the U.S. Attorneys’ Manual states prosecution of corporate crime is a high priority …

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Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear Jan 2009

Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear

Utah Law Review

The federal sentencing guidelines for environmental crimes bark loudly, calling for sentences of imprisonment for all but the most trivial of environmental offenses. Although the terms of imprisonment are not long, the prospect of even a short period of incarceration is doubtlessly capable of getting the attention of the white-collar professionals who commit environmental offenses. Research I conducted in 2004, however, indicated that the bark of the environmental guidelines was considerably worse than their bite. Judges “departed” below the applicable guidelines range in an unusually high percentage of environmental cases; barely one-third of convicted environmental defendants received prison sentences, and …

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Locating The Environmental Harm In Environmental Crimes, Susan F. Mandiberg Jan 2009

Locating The Environmental Harm In Environmental Crimes, Susan F. Mandiberg

Utah Law Review

The current approach to environmental harm is odd from a criminal law perspective. The environmental criminal statutes barely deal with the subject at all. The environmental sentencing guidelines, on the other hand, focus almost entirely on harm. The resulting system does not adequately address the role of harm in evaluating the seriousness of environmental crimes or in graduating punishment for different levels of offenders. Although the situation could be resolved through amendments to the sentencing guidelines, a statutory approach has certain advantages from a societal perspective. There is no need to jettison the current statutory approach, which works well to …

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Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann Jan 2009

Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann

Utah Law Review

The Rivers and Harbors Act of 1899 often is considered the first environmental criminal statute because it contains strict liability provisions that make it a misdemeanor to discharge refuse into navigable waters of the United States without a permit. When Congress passed the Rivers and Harbors Act, however, it was far more concerned with preventing interference with interstate commerce than environmental protection. For practical purposes, the environmental crimes program in the United States dates to the development of the modern environmental regulatory system during the 1970s, and amendments to the environmental laws during the 1980s, which upgraded criminal violations of …

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Not Guilty…Until Recommitment: The Misuse Of Evidence Of The Underlying Crime In Ngri Recommitment Hearings, Jana R. Mccreary Jan 2009

Not Guilty…Until Recommitment: The Misuse Of Evidence Of The Underlying Crime In Ngri Recommitment Hearings, Jana R. Mccreary

Utah Law Review

A criminal defendant found not guilty by reason of insanity was found not guilty. Commitment to a state mental facility is not designed to be punishment for a crime. The commitment is meant instead to address the acquittee’s insanity. Involuntary commitment strips a person of a vital liberty interest, and under our Constitution it should be done only with adequate due process. Recommitment of the person, though, is due that same protection. Accordingly, use of unfairly prejudicial evidence should be limited unless a court deems it necessary to a jury’s determination.

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A House Divided: Earl Caldwell, The New York Times, And The Quest For A Testimonial Privilege, Eric B. Easton Jan 2009

A House Divided: Earl Caldwell, The New York Times, And The Quest For A Testimonial Privilege, Eric B. Easton

Utah Law Review

With a Democrat in the White House and strong Democratic majorities in both the House and Senate, proponents of a federal “shield law” for reporters are hopeful that the 111th Congress will finally do what earlier Congresses have failed to accomplish: enact a statutory testimonial privilege to enable journalists to protect their confidential sources. Until it does, however, federal prosecutors will be permitted to subpoena members of the working press to appear before grand juries and other tribunals and force them to identify all manner of whistleblowers, ax-grinders, traitors, patriots, and garden-variety leakers. Once again, journalists will argue they have …

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Adoption Of Infants Born To Unaware, Unwed Fathers: A Statutory Proposal That Better Balances The Interests Involved, Tyler M. Hawkins Jan 2009

Adoption Of Infants Born To Unaware, Unwed Fathers: A Statutory Proposal That Better Balances The Interests Involved, Tyler M. Hawkins

Utah Law Review

In December, Robert and Carol became engaged and Robert moved into Carol’s home. Their relationship deteriorated, however, and in February of the following year Robert moved out. Although Carol was pregnant when Robert left, Carol hid this fact from Robert, apparently fearful Robert would think “she was trying to coerce him into marriage.” During the following weeks, Carol asked her friends, a married couple, if they would adopt her and Robert’s child. The couple agreed. In October, Carol gave birth to a baby boy, who was delivered to the adoptive parents upon Carol’s discharge from the hospital.

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Congress And The Court: Retroactive Immunity In The Fisa Amendments Act And The Problem Of United States V. Klein, Nate Olsen Jan 2009

Congress And The Court: Retroactive Immunity In The Fisa Amendments Act And The Problem Of United States V. Klein, Nate Olsen

Utah Law Review

Since the New York Times first revealed the Bush administration had undertaken a massive warrantless espionage program within the United States, journalists, civil rights organizations, and citizens have filed more than forty lawsuits against the telecommunications service providers (“telecoms”) that allegedly aided the administration in domestic spying. In Hepting v. AT&T Corp., customers sued AT&T alleging the company had unlawfully allowed the government to intercept telephone and Internet communications. Similar lawsuits filed against other telecoms joined Hepting in a civil action (collectively, “the NSA Cases”).

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What Determines Auditory Similarity? The Effect Of Stimulus Group And Methodology, Km Aldrich, Ej Hellier, J Edworthy Jan 2009

What Determines Auditory Similarity? The Effect Of Stimulus Group And Methodology, Km Aldrich, Ej Hellier, J Edworthy

School of Psychology

Two experiments on the internal representation of auditory stimuli compared the pairwise and grouping methodologies as means of deriving similarity judgements. A total of 45 undergraduate students participated in each experiment, judging the similarity of short auditory stimuli, using one of the methodologies. The experiments support and extend Bonebright's (1996) findings, using a further 60 stimuli. Results from both methodologies highlight the importance of category information and acoustic features, such as root mean square (RMS) power and pitch, in similarity judgements. Results showed that the grouping task is a viable alternative to the pairwise task with N > 20 sounds whilst …

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The Size Of The Treatment Effect: Do Patients And Proxies Agree?, Der Linden Fah Van, Jolijn J. Kragt, Jeremy C. Hobart, Martin Klein, Alan J. Thompson, Der Ploeg Hm Van, Chris H. Polman, Bernard M.J. Uitdehaag Jan 2009

The Size Of The Treatment Effect: Do Patients And Proxies Agree?, Der Linden Fah Van, Jolijn J. Kragt, Jeremy C. Hobart, Martin Klein, Alan J. Thompson, Der Ploeg Hm Van, Chris H. Polman, Bernard M.J. Uitdehaag

Peninsula Medical School

No abstract provided.

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Extracting Takagi-Sugeno Fuzzy Rules With Interpretable Submodels Via Regularization Of Linguistic Modifiers, Shang-Ming Zhou, John Q. Gan Jan 2009

Extracting Takagi-Sugeno Fuzzy Rules With Interpretable Submodels Via Regularization Of Linguistic Modifiers, Shang-Ming Zhou, John Q. Gan

School of Nursing and Midwifery

No abstract provided.

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A Modular Planar Robotic Manipulandum With End-Point Torque Control, Ian S. Howard, James N. Ingram, Daniel M. Wolpert Jan 2009

A Modular Planar Robotic Manipulandum With End-Point Torque Control, Ian S. Howard, James N. Ingram, Daniel M. Wolpert

School of Engineering, Computing and Mathematics

No abstract provided.

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Statistics Of Natural Movements Are Reflected In Motor Errors, Ian S. Howard, James N. Ingram, Kp Koerding, Daniel M. Wolpert Jan 2009

Statistics Of Natural Movements Are Reflected In Motor Errors, Ian S. Howard, James N. Ingram, Kp Koerding, Daniel M. Wolpert

School of Engineering, Computing and Mathematics

No abstract provided.

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Output Feedback Adaptive Control Of A Class Of Nonlinear Discrete-Time Systems With Unknown Control Directions, C Yang, Ss Ge, Th Lee Jan 2009

Output Feedback Adaptive Control Of A Class Of Nonlinear Discrete-Time Systems With Unknown Control Directions, C Yang, Ss Ge, Th Lee

School of Engineering, Computing and Mathematics

In this paper, output feedback adaptive control is investigated for a class of nonlinear systems in output-feedback form with unknown control gains. To construct output feedback control, the system is transformed into the form of the NARMA (nonlinear-auto-regressive-moving-average) model, based on which future output prediction is carried out. With employment of the predicted future output, a constructive output feedback adaptive control is given with the discrete Nussbaum gain exploited to overcome the difficulty due to unknown control directions. Under the global Lipschitz condition of the system functions, the boundedness of all the closed-loop signals and asymptotical output tracking are achieved …

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Long-Term Evolution Of Strongly Nonlinear Internal Solitary Waves In A Rotating Channel, Jc Sanchez-Garrido, V. Vlasenko Jan 2009

Long-Term Evolution Of Strongly Nonlinear Internal Solitary Waves In A Rotating Channel, Jc Sanchez-Garrido, V. Vlasenko

School of Biological and Marine Sciences

No abstract provided.

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Conditions For The Implementation Of Anti‐Bullying Programmes In Norway And Ireland: A Comparison Of Contexts And Strategies, U. V. Midthassel, S. J. Minton, A. M. O'Moore Jan 2009

Conditions For The Implementation Of Anti‐Bullying Programmes In Norway And Ireland: A Comparison Of Contexts And Strategies, U. V. Midthassel, S. J. Minton, A. M. O'Moore

School of Psychology

No abstract provided.

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Chemotherapy Related Encephalopathy In A Patient With Stage Iv Cervical Carcinoma Treated With Cisplatin And 5-Fluorouracil: A Case Report, Al Chue, In Fernando, Sa Hussain, Da Yates Jan 2009

Chemotherapy Related Encephalopathy In A Patient With Stage Iv Cervical Carcinoma Treated With Cisplatin And 5-Fluorouracil: A Case Report, Al Chue, In Fernando, Sa Hussain, Da Yates

Peninsula Medical School

INTRODUCTION: Chemotherapy related encephalopathy is commonly reported with certain forms of chemotherapy but few reports note an association with low dose 5-Fluorouracil. CASE PRESENTATION: A 57-year-old Caucasian lady received her first cycle of Cisplatin and 5-Fluorouracil for palliative treatment of cervical carcinoma, and presented several days later with signs of encephalopathy. Several causes were eliminated, and encephalopathy related to 5-Fluorouracil was thought to be the most likely cause. Magnetic Resonance Imaging of the head revealed changes related to the chemotherapy received. Symptoms resolved completely within three days of presentation. CONCLUSION: Encephalopathy from low dose 5-Fluorouracil is not well documented in …

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Dna Replication In The Human Malaria Parasite And Potential For Novel Drug Development, J Li Jan 2009

Dna Replication In The Human Malaria Parasite And Potential For Novel Drug Development, J Li

School of Biomedical Sciences

Rather than simply "itemising" the replication steps and the proteins involved, replication is tackled from a novel perspective. The book provides logical groupings of processes based upon biochemical similarities.

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Design Of Marine Protected Areas On High Seas And Territorial Waters Of Rockall Bank, Jason M. Hall-Spencer, Mark Tasker, Marta Soffker, Sabine Christiansen, Stuart Rogers, Maria Campbell, Kjartan Hoydal Jan 2009

Design Of Marine Protected Areas On High Seas And Territorial Waters Of Rockall Bank, Jason M. Hall-Spencer, Mark Tasker, Marta Soffker, Sabine Christiansen, Stuart Rogers, Maria Campbell, Kjartan Hoydal

School of Biological and Marine Sciences

No abstract provided.

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Cauda Equina Syndrome Following A Lumbar Puncture., Alexandra J. Sinclair, Camille Carroll, Brendan Davies Jan 2009

Cauda Equina Syndrome Following A Lumbar Puncture., Alexandra J. Sinclair, Camille Carroll, Brendan Davies

Peninsula Medical School

Lumbar puncture (LP), a common diagnostic procedure, is usually associated with low morbidity. We describe the case of a 29-year-old woman who underwent a non-traumatic LP in the setting of normal coagulation. Cauda equina syndrome subsequently developed secondary to an extradural spinal haematoma. Avoidance, identification and management of this uncommon complication are discussed. Iatrogenic cauda equina syndrome following LP is rare, but can cause significant morbidity. Our patient's experience and our review of the literature highlight that: (i) normal coagulation and a non-traumatic LP do not exclude this diagnostic possibility; (ii) early recognition determines the management and prognosis, as 50% …

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