Digital Commons Network^™

"Not If, But When": Sex, Risk, And Trust In Timing Gardasil Vaccine Decisions, An Exploratory Study Among Healthcare Providers And Middle-Class Parents In The U.S., Kathleen Marie Brelsford

USF Tampa Graduate Theses and Dissertations

This dissertation research explores how values regarding sexuality, morality, responsibility, protection, trust, and risk — expressed through parent, daughter, and healthcare provider relationships and interactions — inform parental decisions regarding the Gardasil® vaccine. In particular, the research examines the competing and conflicting meanings that parents and providers ascribe to vaccination and how actors position the vaccine within a wider set of negotiated, value–laden discourses. Because these narratives are situated within a larger structural field that shapes the landscape in which providers and parents interact, relevant historical and structural factors, including vaccine policy, cost, and compensation are discussed.

A Social Justice Perspective On The Role Of Copyright In Realizing International Human Rights, Steven D. Jamar

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Michael Mireles, Associate Professor of Law, University of the Pacific, McGeorge School of Law

This panel will examine the impact of human rights norms on substantive intellectual property law. The focus of the panel is whether intellectual property law is adequately flexible to provide access to knowledge, in the form of primary and secondary materials as well as scientific materials, access to medicines, and access to food, such as seeds. The panel will further explore whether any flexibilities incorporated into intellectual property law harm the incentives provided by that law, including an analysis of parallel importation.

Indian Patent Law And Trips: Redrawing The Flexibility Framework In The Context Of Public Policy And Health, V. K. Unni

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Michael Mireles, Associate Professor of Law, University of the Pacific, McGeorge School of Law

This panel will examine the impact of human rights norms on substantive intellectual property law. The focus of the panel is whether intellectual property law is adequately flexible to provide access to knowledge, in the form of primary and secondary materials as well as scientific materials, access to medicines, and access to food, such as seeds. The panel will further explore whether any flexibilities incorporated into intellectual property law harm the incentives provided by that law, including an analysis of parallel importation.

Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Michael Mireles, Associate Professor of Law, University of the Pacific, McGeorge School of Law

This panel will examine the impact of human rights norms on substantive intellectual property law. The focus of the panel is whether intellectual property law is adequately flexible to provide access to knowledge, in the form of primary and secondary materials as well as scientific materials, access to medicines, and access to food, such as seeds. The panel will further explore whether any flexibilities incorporated into intellectual property law harm the incentives provided by that law, including an analysis of parallel importation.

Interpretation Of Human Rights For The Protection Of The Environment In The European Court Of Human Rights, Svitlana Kravchenko, John E. Bonine

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Rachael Salcido, Professor of Law, University of the Pacific, McGeorge School of Law

The Stockholm Declaration, adopted at the 1972 United Nations Conference on the Human Environment, explicitly recognized the link between human rights and protection of the environment, proclaiming that “Both aspects of man’s environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights—even the right to life itself.” More recent international developments point to the potential utility of using human rights norms as a catalyst for actions to protect the environment at the state level. Indeed, many countries …

Oswald Research And Creativity Program, Uk Office Of Undergraduate Research

Kaleidoscope

No abstract provided.

Toward A Functional Alternative To Courtroom Adjudication: The Federal Arbitration Act And Third Party Document Discovery, Sara Rosenberg

Fordham Law Review

No abstract provided.

A Contractual Approach To Shareholder Oppression Law, Benjamin Means

Fordham Law Review

No abstract provided.

Cftc V. Gibraltar Monetary Corp. And Vicarious Liability Under The Commodity Exchange Act, Jason E. Friedman

Fordham Law Review

This Comment analyzes CFTC v. Gibraltar Monetary Corp., a 2009 decision in which the U.S. Court of Appeals for the Eleventh Circuit introduced a control requirement into the Commodity Exchange Act's vicarious liability provision. In so doing, the court rejected the U.S. Commodity Futures Trading Commission's long-held totality of the circumstances approach, in which any one factor, including control, is not dispositive of an agency relationship. This decision has created an undesirable situation in which retail foreign exchange dealers and futures commission merchants need not investigate the character of their introducing entities before retaining them, allowing them to easily avoid …

How The Establishment Clause Can Influence Substantive Due Process: Adultery Bans After Lawrence, Andrew D. Cohen

Fordham Law Review

Criminal adultery bans, despite widespread transgression and lax enforcement, remain on the books in a substantial minority of states. The landmark Lawrence v. Texas decision casts doubt on all state interference with consensual sexual activity among adults, including adultery bans. Additionally, adultery bans on their face implicate the Establishment Clause, due to adultery bans' and marriage's roots in religious doctrine and religiosity. This Note examines the constitutionality of adultery bans after Lawrence v. Texas, and proposes a novel approach to substantive due process analysis that applies Establishment Clause values. In proposing what this Note dubs the "Establishment Clause prism," through …

The Unforeseen Costs Of Going To Trial: The Vitality Of 212(C) Relief For Lawful Permanent Residents Convicted By Trial, Mark J. Difiore

Fordham Law Review

Before 1996, a Lawful Permanent Resident (LPR) who was made deportable by a criminal conviction could apply for discretionary relief from deportation under section 212(c) of the Immigration and Nationality Act. This relief, commonly known as "212(c) relief," was repealed in 1996. In 2001, the Supreme Court confronted the issue of whether an LPR with a pre-1996 deportable conviction could apply for 212(c) relief in his later post-repeal removal proceedings. The Court decided that an LPR who pleaded guilty to his pre-1996 conviction could still apply for 212(c) relief following the 1996 repeal. The status of those LPRs who were …

From Eugenics To The “New” Genetics: “The Play's The Thing”, Karen H. Rothenberg

Fordham Law Review

No abstract provided.

The Federal Information Security Management Act Of 2002: A Potemkin Village, Daniel M. White

Fordham Law Review

Due to the daunting possibilities of cyberwarfare, and the ease with which cyberattacks may be conducted, the United Nations has warned that the next world war could be initiated through worldwide cyberattacks between countries. In response to the growing threat of cyberwarfare and the increasing importance of information security, Congress passed the Federal Information Security Management Act of 2002 (FISMA). FISMA recognizes the importance of information security to the national economic and security interests of the United States. However, this Note argues that FISMA has failed to significantly bolster information security, primarily because FISMA treats information security as a technological …

Preemption, Patchwork Immigration Laws, And The Potential For Brown Sundown Towns, Maria Marulanda

Fordham Law Review

The raging debate about comprehensive immigration reform is ripe ground to overhaul federal exclusivity in the immigration context and move toward a cooperative federal and state-local model. The proliferation of immigration-related ordinances at the state and local level reflects “lawful” attempts to enforce immigration law to conserve limited resources for citizens and legal residents. Although the federal immigration statutes contemplate state and local involvement, the broad federal preemption model used to analyze immigration laws displaces many state-local ordinances, resulting in frustration at the inability to enforce the community’s resolve that is manifested through violence against Latino immigrants. Broad federal preemption …

A World Without Internet: A New Framework For Analyzing A Supervised Release Condition That Restricts Computer And Internet Access, Gabriel Gillett

Fordham Law Review

This Note explores whether a condition of supervised release that restricts computer and Internet access violates the doctrine of unconstitutional conditions. Although a circuit split has developed regarding the scope of a permissible restriction, as Courts of Appeals have been inundated with cases challenging the validity of these technology restrictions, no court has yet viewed these limits through the lens of the doctrine of unconstitutional conditions. This Note begins with a discussion of the First Amendment and the theory of unconstitutional conditions, tracing their respective developments in cases relating to prisoners, speech, and the Internet age. Next, it synthesizes the …

Panel Three: Implementation—What Methods, If Any, Can Be Employed To Promote The Existing Rules' Attempts To Protect Private Identifier Information From Internet Access?, The Honorable Ronald Leighton, Joe Cecil, Michael Ishakian, Edward Felten

Fordham Law Review

No abstract provided.

A Case Study In Frontier Warfare: Racial Violence, Revenge, And The Ambush At Fort Laurens, Ohio, Kyle Somerville

Journal of Contemporary Anthropology

In February of 1779, a combined British and Native American raiding party ambushed a small group of American soldiers at an isolated fort on the Ohio frontier. The attack resulted in the deaths of at least 13 soldiers, many of who died from massive head injuries that, to modern researchers, do not appear to have been tactically necessary. However, rather than being an isolated instance of savagery or wartime atrocity this paper considers the ideological and cultural bases of violence behind the trauma, and will argue that the Fort Laurens ambush was just one example of violence in a long …

On The Antiquity Of Trisomy 21: Moving Towards A Quantitative Diagnosis Of Down Syndrome In Historic Material Culture, John M. Starbuck

Journal of Contemporary Anthropology

Down syndrome was first medically described as a separate condition from other forms of cognitive impairment in 1866. Because it took so long for Down syndrome to be recognized as a clinical entity deserving its own status, several investigators have questioned whether or not Down syndrome was ever recognized before 1866. Few cases of ancient skeletal remains have been documented to have Down syndrome-like characteristics. However, several forms of material culture may depict this condition. Within this paper the history of our understanding of Down syndrome is discussed. Both skeletal remains and different forms of material culture that may depict …

Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Raquel Aldana, Professor of Law and Director, Inter-American Program, University of the Pacific, McGeorge School of Law

For at least the last two decades, Latin American nations have grappled with whether and how to reform their labor codes as a response to liberalizing policies promoted by international financial institutions and-or multilateral and more recently regional trade agreements. The debate has rightly encountered tensions around several competing goals, including ones for global economic integration, the individual and collective rights of workers, and demands from employers from greater flexibilization of laws in developing nations. As well, deep disagreements have surfaced around …

Corporations And The European Convention On Human Rights, Winfried Van Den Muijsenbergh, Sam Rezai

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Franklin Gevurtz, Distinguished Professor and Scholar and Director, Global Center for Business & Development, University of the Pacific, McGeorge School of Law

This panel will examine the incorporation of international human rights norms into state and national corporate law and principles of corporate governance. The “Protect, Respect and Remedy Framework” adopted by the U.N. Human Rights Council in 2008 renders myopic the notion that national and sub-national laws on corporate governance and the liabilities of corporate officials can ignore international human rights norms, since this framework invokes both the state duty to protect against human rights abuses by third …

Human Rights And Delaware Corporate Law, David Millon

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Franklin Gevurtz, Distinguished Professor and Scholar and Director, Global Center for Business & Development, University of the Pacific, McGeorge School of Law

This panel will examine the incorporation of international human rights norms into state and national corporate law and principles of corporate governance. The “Protect, Respect and Remedy Framework” adopted by the U.N. Human Rights Council in 2008 renders myopic the notion that national and sub-national laws on corporate governance and the liabilities of corporate officials can ignore international human rights norms, since this framework invokes both the state duty to protect against human rights abuses by third …

Fcpa Sanctions: Too Big To Debar?, Drury D. Stevenson, Nicholas J. Wagoner

Fordham Law Review

The Foreign Corrupt Practices Act (FCPA) criminalizes bribery of foreign government officials. The frequency of enforcement actions and severity of fines levied against corporations under the FCPA have significantly increased in the last few years. There is an ongoing problem, however, with the sanctions for FCPA violations: enforcement authorities (the Department of Justice and the Securities and Exchange Commission) and contracting officials have limited themselves to fines, civil penalties, and occasional imprisonment of individual violators. Debarment from future federal government contracts, even temporarily, is an unused sanction for FCPA violations, even though Congress provided for this punishment by statute. Debarment …

The Intersection Of Tort And Environmental Law: Where The Twains Should Meet And Depart, Mark Latham, Victor E. Schwartz, Christopher E. Appel

Fordham Law Review

The explosion of environmental statutes over the past forty years, giving rise to the field of environmental law, has created a critical and evolving question in our legal system as to how this comparatively new field of law intersects with the common law of torts. Defining the proper role of tort law in remedying environmental injuries is an important matter of public policy; the answer will determine what the tort system can and cannot achieve, inform what it should and should not achieve, and clarify which common law enforcement areas are actually voids. This information assists the judiciary on its …

Unsupportable And Unjustified: A Critique Of Absolute Prosecutorial Immunity, Margaret Z. Johns

Fordham Law Review

No abstract provided.

P40: The Missing Link Between Autophagy And Cancer?, Mittul Patel

Kaleidoscope

No abstract provided.

Diurnal Variations Of Genes Contributing To Sodium And Potassium Cardiac Currents, Parvathi Nataraj

Kaleidoscope

No abstract provided.

Jessica Houtz: A Beckman Research Experience, Jessica Houtz

Kaleidoscope

No abstract provided.

The Consequences Of Early Onset Alcohol Experimentation: Adaptive Exploration On Downward Trajectory, Marjorie Grefer

Kaleidoscope

No abstract provided.

Behavioral Health Change In Appalachian Women With High Cardiovascular Disease Risk Report, Sarah Cole

Kaleidoscope

No abstract provided.

The Design Of A Psychiatric Residential Treatment Facility In Wheelwright, Kentucky Serving Adolescent Males, Jenna Clem

Kaleidoscope

During the spring semester of 2010, I have been working on the design of a psychiatric residential treatment facility in Wheelwright, Kentucky as part of the requirements for ID 659, Interior Design Graduate Studio. I am a senior, but was allowed permission to enroll in this class because of my interest in research-based design. The facility will offer therapy services in a home environment for seven adolescents between the ages of ten and seventeen. This paper describes the process that I followed throughout the design process and the specific issues that were addressed in the final solution. The design process …