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Foreword: New Directions In American Health Care: Innovations From Home And Abroad, Janet Dolgin, Rachel Kreier, Corinne Kyriacou

Hofstra Law Review

No abstract provided.

An Act For All Contexts: Incorporating The Pregnancy Discrimination Act Into Title Ix To Help Pregnant Students Gain And Retain Access To Education, Kendra Fershee

Hofstra Law Review

Few would agree that pregnancy discrimination is a tolerable by-product of a modern society. Yet there is at least one segment of society where pregnancy discrimination can thrive - federally funded schools. Even though Title IX was passed in 1972 to bar discrimination in school based on sex, it is quite possible for schools to discriminate based on pregnancy with little impunity. Worse, those who suffer the discrimination cannot sue for the harms they suffered in federal court, nor can they seek monetary redress, even if they were financially harmed by the discrimination.

The status of Supreme Court precedent, coupled …

Langmuir Films Of Flexible Polymers Transferred To Aqueous/Liquid Crystal Interfaces Induce Uniform Azimuthal Alignment Of The Liquid Crystal, Michael I. Kinsinger, Maren E. Buck, Maria Victoria Meli, Nicholas L. Abbott, David M. Lynn

Chemistry: Faculty Publications

We reported recently that amphiphilic polymers can be assembled at interfaces created between aqueous phases and thermotropic liquid crystals (LCs) in ways that: (i) couple the organization of the polymer to the order of the LC and (ii) respond to changes in the properties of aqueous phases that can be characterized as changes in the optical appearance of the LC. This investigation sought to characterize the behavior of aqueous-LC interfaces decorated with uniaxially compressed thin films of polymers transferred by Langmuir-Schaefer (LS) transfer. Here, we report physicochemical characterization of interfaces created between aqueous phases and the thermotropic LC 4-cyano-4′-pentylbiphenyl (5CB) …

Pregnancy Intentions Among Women Who Do Not Try: Focusing On Women Who Are Okay Either Way, Julia Mcquillan, Arthur L. Greil, Karina M. Shreffler

Department of Sociology: Faculty Publications

Objectives: Are women who are intentional about pregnancy (trying to or trying not to get pregnant) systematically different from women who are “okay either way” about getting pregnant?
Methods. We use a currently sexually active subsample (n = 3,771) of the National Survey of Fertility Barriers, a random digit dialing telephone survey of reproductive-aged women (ages 25–45) in the United States. We compare women who are trying to, trying not to, or okay either way about getting pregnant on attitudes, social pressures, life course and status characteristics using bivariate analyses (chi-square tests for categorical and ANOVA tests for continuous variables). …

The High-Risk Environment Of Homeless Young Adults: Consequences For Physical And Sexual Victimization, Kimberly A. Tyler, Morgan R. Beal

Department of Sociology: Faculty Publications

Little is known about how the social environment of homeless youth contributes to their risk and how it varies for different types of victimization. As such, the current study examines the constructs of victimization theories in order to investigate the potential risk for physical and sexual victimization among homeless young adults. Results revealed that running at an earlier age, running more often, sleeping on the street, panhandling, deviant peers associations, and not having a family member in one’s network are associated with more physical victimization. Being female, a sexual minority, having an unkempt physical appearance, panhandling, and having friends who …

The Experience Of Infertility: A Review Of Recent Literature, Arthur L. Greil, Kathleen Slauson-Blevins, Julia Mcquillan

Department of Sociology: Faculty Publications

About 10 years ago Greil published a review and critique of the literature on the socio-psychological impact of infertility. He found at the time that most scholars treated infertility as a medical condition with psychological consequences rather than as a socially constructed reality. This article examines research published since the last review. More studies now place infertility within larger social contexts and social scientific frameworks although clinical emphases persist. Methodological problems remain but important improvements are also evident. We identify two vigorous research traditions in the social scientific study of infertility. One tradition uses primarily quantitative techniques to study clinic …

The New Homelessness Revisited, Barrett A. Lee, Kimberly A. Tyler, James D. Wright

Department of Sociology: Faculty Publications

The new homelessness has drawn sustained attention from scholars over the past three decades. Definitional inconsistencies and data limitations rendered early work during this period largely speculative in nature. Thanks to conceptual, theoretical, and methodological progress, however, the research literature now provides a fuller understanding of homelessness. Contributions by sociologists and other social scientists since the mid-1990s differentiate among types of homelessness, provide credible demographic estimates, and show how being homeless affects a person’s life chances and coping strategies. Agreement also exists about the main macro- and micro-level causes of homelessness. Active lines of inquiry examine public, media, and governmental …

The Life Course Perspective And African American Adolescent Development In The Family, Bridget J. Goosby

Department of Sociology: Faculty Publications

African Americans remain disproportionately represented in the low-income population, and there is a sizable literature addressing the influence of these circumstances on family well-being. There is, however, an increasing need for the integration of the life course perspective into research on economically disadvantaged African American families as they continue to be vulnerable to deleterious mental health outcomes and lower life chances. This article discusses the tenets of the life course perspective followed by a summary of the research on economically disadvantaged African American families and their adolescent youth’s developmental outcomes. In addition, new emerging areas of research are discussed. In …

Assessing Key Informant Methodology In Congregational Research, Philip Schwadel, Kevin D. Dougherty

Department of Sociology: Faculty Publications

Surveying key informants is a common methodology in congregational research. While practical and cost-effective, there are limitations in the ability of a single informant to speak for an entire organization. This paper explores potential limitations empirically. Using the 1993 American Congregational Giving Study, we compare demographic descriptions provided by pastors to demographic information taken from random samples of members in the same congregations. Significant differences in congregational profiles appear along dimensions of gender, age, race/ethnicity and, most notably, education and income. The amount of discrepancy between pastor and member profiles varies by congregational factors such as denominational affiliation and employment …

Tribal Vs. Public Schools: Perceived Discrimination And School Adjustment Among Indigenous Children From Early To Mid- Adolescence, Devan M. Crawford, Jacob E. Cheadle, Les B. Whitbeck

Department of Sociology: Faculty Publications

The purpose of this study is to assess the differential effects of perceived discrimination by type of school on positive school adjustment among Indigenous children during late elementary and early middle school years. The analysis utilizes a sample of 654 Indigenous children from four reservations in the Northern Midwest and four Canadian First Nation reserves. Multiple group linear growth modeling within a structural equation framework is employed to investigate the moderating effects of school type on the relationship between discrimination and positive school adjustment. Results show that students in all school types score relatively high on positive school adjustment at …

Self Injurious Behavior Among Homeless Young Adults: A Social Stress Analysis, Kimberly A. Tyler, Lisa A. Melander, Elbert P. Almazan

Department of Sociology: Faculty Publications

Although self-mutilation has been studied from medical and individual perspectives, it has rarely been examined within a social stress context. As such, we use a social stress framework to examine risk factors for self-mutilation to determine whether status strains that are often associated with poorer health outcomes in the general population are also associated with self-mutilation among a sample of young adults in the United States who have a history of homelessness. Data are drawn from the Homeless Young Adult Project which involved interviews with 199 young adults in 3 Midwestern United States cities. The results of our path analyses …

Identification And Characterization Of Oxalate Oxidoreductase, A Novel Thiamine Pyrophosphate-Dependent 2-Oxoacid Oxidoreductase That Enables Anaerobic Growth On Oxalate, Elizabeth Pierce, Donald F. Becker, Stephen W. Ragsdale

Department of Biochemistry: Faculty Publications

Moorella thermoacetica is an anaerobic acetogen, a class of bacteria that is found in the soil, the animal gastrointestinal tract, and the rumen. This organism engages the Wood-Ljungdahl pathway of anaerobic CO₂ fixation for heterotrophic or autotrophic growth. This paper describes a novel enzyme, oxalate oxidoreductase (OOR), that enables M. thermoacetica to grow on oxalate, which is produced in soil and is a common component of kidney stones. Exposure to oxalate leads to the induction of three proteins that are subunits of OOR, which oxidizes oxalate coupled to the production of two electrons and CO₂ or bicarbonate. Like …

Antibodies To Influenza And West Nile Viruses In Horses In Mexico, M. A. Loroño-Pino, J. A. Farfan-Ale, J. E. Garcia-Rejon, M. Lin, E. Rosado-Paredes, F. I. Puerto, A. Bates, J. J. Root, A. B. Franklin, H. J. Sullivan, B. J. Blitvich

United States Department of Agriculture Wildlife Services: Staff Publications

INFLUENZA A virus (IAV) (family Orthomyxoviridae) is a highly infectious respiratory pathogen of birds and mammals, including human beings and horses (Palese and Shaw 2007). The virus is classified into different subtypes based on the antigenic properties of the haemagglutinin (HA) and neuraminidase (NA) proteins. Sixteen HA subtypes (H1 to H16) and nine NA subtypes (N1 to N9) have been identified (Fouchier and others 2005). Two subtypes, H3N8 and H7N7, have been isolated from horses. The H7N7 subtype was first isolated from a horse in Czechoslovakia in 1956 (Prague/56) (Sovinova and others 1958), and the H3N8 subtype was first isolated …

Foot-And-Mouth Disease In Feral Swine: Susceptibility And Transmission, F. Mohamed, S. Swafford, H. Petrowski, A. Bracht, B. S. Schmit, A. Fabian, J. M. Pacheco, E. Hartwig, M. Berninger, C. Carrillo, G. Mayr, K. Moran, D. Kavanaugh, H. Leibrecht, W. White, S. Metwally

United States Department of Agriculture Wildlife Services: Staff Publications

Experimental studies of foot-and-mouth disease (FMD) in feral swine are limited, and data for clinical manifestations and disease transmissibility are lacking. In this report, feral and domestic swine were experimentally infected with FMDV (A24-Cruzeiro), and susceptibility and virus transmission were studied. Feral swine were proved to be highly susceptible to A-24 Cruzeiro FMD virus by intradermal inoculation and by contact with infected domestic and feral swine. Typical clinical signs in feral swine included transient fever, lameness and vesicular lesions in the coronary bands, heel bulbs, tip of the tongue and snout. Domestic swine exhibited clinical signs of the disease within …

Comparative Toxicity Of Diphacinone To Northern Bobwhite (Colinus Virginianus) And American Kestrels (Falco Sparverius), Barnett A. Rattner, Katherine E. Horak, Sarah E. Warner, Daniel D. Day, John J. Johnston

United States Department of Agriculture Wildlife Services: Staff Publications

The acute oral toxicity of the anticoagulant rodenticide diphacinone was found to be about 20 times greater to American kestrels (LD₅₀=97 mg/kg) than to northern bobwhite (LD₅₀=2,014 mg/kg). Several precise and sensitive clotting assays (prothrombin time, Russell’s Viper venom time, thrombin clotting time) were adapted for use in these species, and this combination of assays is recommended to detect effects of diphacinone and other rodenticides on coagulation. Oral administration of diphacinone over a range of doses (sublethal to the extrapolated LD₁₅) prolonged prothrombin time and Russell’s Viper venom time within 24 to 48 hrs …

The Use Of Liver Microsome In-Vitro Methods To Study Toxicant Metabolism And Predict Species Efficacy, Katherine E. Horak, Chad R. Wermager, Thomas M. Primus

United States Department of Agriculture Wildlife Services: Staff Publications

Liver microsomes are used extensively in human pharmaceutical development to study the metabolism of compounds of interest; however, they are rarely part of the development of toxicants for the control of wildlife. Liver microsome samples from wildlife of interest would likely be harvested in the field without access to laboratory perfusion equipment. Therefore, the metabolic activity of microsomes from perfused and non-perfused livers was compared. There was no significant difference in diphacinone metabolism by liver microsomes from both perfused and non-perfused Wistar rat livers, although chlorophacinone metabolism was significantly different. There are often significant differences in metabolism between species that …

Wildlife Conservation Sunflower Plots And Croplands As Fall Habitat For Migratory Birds, Heath M. Hagy, George M. Linz, William J. Bleier

United States Department of Agriculture Wildlife Services: Staff Publications

Agricultural fields are often overlooked as post-breeding and migratory bird habitat, even though many species use row-crop fields in the northern Great Plains. We monitored bird use, crop and non-crop vegetation characteristics and abundance, and land use around (≤2.4 km) 35 8-ha Wildlife Conservation Sunflower Plots (WCSP) and one commercial sunflower and non-sunflower row-crop field, paired with each WCSP, in fall 2004 and 2005. We excluded four species of blackbirds from our analysis that commonly form large foraging flocks and ubiquitously use agricultural fields. A diverse community of migratory birds used WCSP and commercial sunflower compared to other non-sunflower crops …

Evolving Analyses Of The Shoshone River Skunk Rabies Epizootic In Wyoming, Craig A. Ramey, Kenneth H. Mills, Justin W. Fischer

United States Department of Agriculture Wildlife Services: Staff Publications

A rabies epizootic occurred in striped skunks from 1988-1993 in a previously rabies-free area of northwestern Wyoming. USDA APHIS Wildlife Services (WS) cooperated with state and local officials by providing a rabies monitoring and depopulation program starting in 1990. Wyoming WS asked for assistance in 1991 from the National Wildlife Research Center (NWRC) to analyze the epizootic’s movements. The goal was to address the public’s concerns about their health and safety and that of their domestic animals and livestock. All rabid skunks were diagnosed by the Wyoming State Veterinary Laboratory (WSVL) using standardized fluorescent antibody testing of brain tissues. The …

Enzymatic Digestion Of Chronic Wasting Disease Prions Bound To Soil, Samuel Saunders, Jason C. Bartz, Kurt C. Vercauteren, Shannon L. Bartelt-Hunt

United States Department of Agriculture Wildlife Services: Staff Publications

Chronic wasting disease (CWD) and sheep scrapie can be transmitted via indirect environmental routes, and it is known that soil can serve as a reservoir of prion infectivity. Given the strong interaction between the prion protein (PrP) and soil, we hypothesized that binding to soil enhances prion resistance to enzymatic digestion, thereby facilitating prion longevity in the environment and providing protection from host degradation. We characterized the performance of a commercially available subtilisin enzyme, Prionzyme, to degrade soil-bound and unbound CWD and HY TME PrP as a function of pH, temperature, and treatment time. The subtilisin enzyme effectively degraded PrP …

The Case For Social Rights, Virginia Mantouvalou

Georgetown Law Faculty Publications and Other Works

This is part of the book Debating Social Rights (Oxford, Hart Publishing, 2010) where I am making the case for social rights and Professor Conor Gearty (LSE) is making the case against social rights. This paper argues that social and economic rights, defined as rights to the satisfaction of basic needs, are constitutional essentials at domestic level and claims of the highest priority at supranational level. Their inadequate legal protection in national and supranational orders is not justified. Social rights have common foundations with civil and political rights, but have been neglected in law because of Cold War ideologies. The …

Commandeering The People: Why The Individual Health Insurance Mandate Is Unconstitutional, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The “Patient Protection and Affordable Care Act” includes what is called an “individual responsibility requirement” or mandate that all persons buy health insurance from a private company and a separate “penalty” enforcing this requirement. In this paper, I do not critique the individual mandate on originalist grounds. Instead, I explain why the individual mandate is unconstitutional under the existing doctrine by which the Supreme Court construes the Commerce and Necessary and Proper Clauses and the tax power. There are three principal claims.

First (Part II), since the New Deal, the Supreme Court has developed a doctrine allowing the regulation of …

Managing For Stakeholders, Stakeholder Utility Functions, And Competitive Advantage, Jeffrey S. Harrison, Douglas A. Bosse, Robert A. Phillips

Management Faculty Publications

A firm that manages for stakeholders allocates more resources to satisfying the needs and demands of its legitimate stakeholders than what is necessary to simply retain their willful participation in the productive activities of the firm. Firms that exhibit this sort of behavior develop trusting relationships with stakeholders based on principles of distributional, procedural and interactional justice. Under these conditions, stakeholders are more likely to share nuanced information regarding their utility functions, which increases the ability of the firm to allocate its resources to areas that will best satisfy them (thus increasing demand for business transactions with the firm). In …

Emerging Interpersonal Norms Of Text Messaging In India And The United States, Robert Shuter, Sumana Chattopadhyay

College of Communication Faculty Research and Publications

This study examines whether there are emerging interpersonal norms of text messaging—an etiquette (“textiquette”) of texting—that guide its use in India and the United States. One hundred and thirty-seven participants recorded multiple text messages sent and received in specially designed text logs. Each log secured data on the following dimensions: (1) the context in which a text was sent and received/read; (2) who each participant was with—and the reaction of this person(s)—when the participant sent or received/read a text message; and (3) what constitutes impolite text messaging behavior. Results reveal emerging interpersonal norms of text messaging in both countries that …

Intellectual Property's Need For A Disability Perspective, Eric E. Johnson

Faculty Articles

This Article approaches intellectual property law from a critical-disability theory perspective. It argues that, in specific instances, courts have gotten the law wrong because of a failure to take into account the perspective of persons with disabilities. In the context of law, and intellectual property law in particular, confronting those differences means taking into account a disability perspective even where all the parties in a given case are not disabled and where the dispute does not directly implicate issues of disability. This sua sponte accounting is necessary because intellectual property cases have the effect of defining rights that extend far …

Exporting U.S. Criminal Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

This article explores how and why, in the Cold War’s wake, the U.S. government began to export U.S.-style criminal law and procedure models to developing and politically transitioning states. U.S. criminal law and development consultants now work in countries across the globe. This article reveals how U.S. initiatives have shaped state and non-state actors’ responses to a range of global challenges, even as this approach suffers from a deep democratic deficit. Further, this article argues that U.S. programs perpetuate U.S.-style legal institutional idolatry (which is often tied to systemic dysfunction both in the United States and abroad), and in so …

“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

It is a foundational principle of administrative law that a reviewing court should not dispose of a petition for review or appeal on grounds not relied upon by the agency, and should not reach issues in the first instance not addressed administratively. In such circumstances, there is a strong presumption that the reviewing court should remand the case to the agency for further proceedings rather than reach out to decide the disputed issues. The United States Supreme Court explicitly extended operation of the “ordinary remand rule” to the immigration context in its 2002 decision in INS v. Ventura. Notwithstanding subsequent …

Medical Malpractice Liability Crisis Or Patient Compensation Crisis?, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

This Article is organized as follows. Part II summarizes the common rhetoric in tort reform debates that places the blame for rising premiums on the liability system and touts tort reform as the cure-all for ailing insurance markets. It then summarizes empirical results, produced using Texas closed claims data and other data, which suggest not only that Texas tort reform advocates wrongly placed blame on the liability system, but also that noneconomic damages caps passed in 2003 have caused more harm than good. Part III describes results that suggest that the widely used tactic of pointing to jumbo jury verdicts …

Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang

Sabin Center for Climate Change Law

The recently-released discussion draft of the Kerry-Lieberman bill (KL), officially titled the American Power Act, contains numerous provisions that affect the role of states in addressing climate change as well as the Environmental Protection Agency’s (EPA) authority under the Clean Air Act (CAA). Preemption has been the subject of intense debate and speculation since the passage of the Waxman-Markey climate bill (WM) in June 2009, and commentators have questioned whether KL’s preemption measures would (and should) have the effect of “a scalpel or a sledgehammer” on existing state and EPA authority. The following paper contributes to the discussion by summarizing …

Learning From Writers With Bipolar: Educational Strategies, Lauren Dipaula

Language Arts Journal of Michigan

No abstract provided.

Impaired Vascular Reactivity Following Chronic Ischemia In The Arteries Of The Mouse Hindlimb, Thomas (Tom) Kesler

Biomedical Engineering

Collateral dependent hyperemia is reduced following chronic ischemia, but the contribution of individual vessel reactivity is unknown. Further, it is not known what aspect of the complex ischemic injury response impacts vascular reactivity. To determine the impact of ischemia on vascular reactivity, we measured functional vasodilation in the muscular branch artery following resection of the femoral artery proximal to the muscular branch. On day-14 after surgery the diameter of the muscular branch was measured using side-stream dark field (SDF) imaging intravital microscopy. At moderate intensity skeletal muscle contraction (1mA, 200µs, 8Hz, 90sec), functional vasodilation is reduced compared to the contralateral …