Digital Commons Network^™

Agency Threats, Tim Wu

Faculty Scholarship

There are three main ways in which agencies regulate: rulemaking; adjudication; and informal tools of guidance, also called nonlegislative or interpretative rules. Over the last two decades, agencies have increasingly favored the use of the last of these three, which can include statements of best practices, interpretative guides, private warning letters, and press releases.

Scholars are hardly unaware of this trend. In a series of papers, writers have explored the use of informal regulation as it affects the relationship between agencies and the federal courts, asking when nonlegislative rules can be challenged as unenforceable for want of process. This Essay …

Quinolone Resistance In Escherichia Coli From Accra, Ghana, Sreela S. Namboodiri '08, Japheth A. Opintan, Rebeccah S. Lijek '07, Iruka N. Okeke

Biology Faculty Scholarship

We documented for the first time the molecular basis for quinolone resistance in Ghana and the presence of horizontally disseminated genes conferring resistance to these drugs. --author-supplied description

Rapid Evolution Of Fluoroquinolone-Resistant Escherichia Coli In Nigeria Is Temporally Associated With Fluoroquinolone Use, Adebayo Lamikanra, Jennifer L. Crowe, Rebeccah S. Lijek '07, Iruka N. Okeke

Biology Faculty Scholarship

The genetic basis for antimicrobial resistance was studied in fecal Escherichia coli isolates in a Nigerian community in parallel with antimicrobial use. The results showed that fluoroquinolones, and not chloroquine as has been hypothesized elsewhere, appear to be the selective force for fluoroquinolone-resistant fecal E. coli in this setting. Jennie Crowe and Rebeccah Lijek are student co-authors. --author-supplied description

A Dreadful Emancipation: Walter Lippmann’S Critique Of Modernity, Ted Mcallister

School of Public Policy Working Papers

As the 1920s came to a close, Lippmann had abandoned most of his progressive shibboleths and had come to understand the great emancipation brought about by science, technology, and intellectual transformations as a particularly dangerous episode in western civilization. The liberation of the many in the great democratic transformation of the modern era did not promise wisdom or the triumph of reason. The rise of science, and particularly of social science, did not prepare the way for an age of objective knowledge and dispassionate debate. In an age of almost unprecedented personal liberty, the dissolution of inherited forms of authority …

Dainty Hands: Perceptions Of Women And Crime In Sherlock Holmes Stories, Hadar Aviram

Faculty Scholarship

No abstract provided.

Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann

Faculty Scholarship

European Union ("EU" or "Union") law and the law of international arbitration have traditionally occupied largely separate worlds, as if arbitral tribunals would rarely be the fora for the resolution of EU law claims and as if EU law, in turn, had little concern with arbitration. For several reasons, this pattern has recently been altered, although the relationship between EU law and international arbitration law is at present anything but settled. From the present perspective, the past looks like an age of innocence, for as these two worlds have begun to intersect, they have not done so entirely harmoniously.

Part …

Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard Harcourt

Faculty Scholarship

In a message to Congress in 1963, President John F. Kennedy outlined a federal program designed to reduce by half the number of persons in custody. The institutions at issue were state hospitals and asylums for the mentally ill, and the number of such persons in custody was staggeringly large, in fact comparable to contemporary levels of mass incarceration in prisons and jails. President Kennedy's message to Congress – the first and perhaps only presidential message to Congress that dealt exclusively with the issue of institutionalization in this country – proposed replacing state mental hospitals with community mental health centers, …

Income Tax Discrimination: Still Stuck In The Labyrinth Of Impossibility, Michael J. Graetz, Alvin C. Warren Jr.

Faculty Scholarship

In previous articles, we have argued that the European Court of Justice's reliance on nondiscrimination as the basis for its decisions did not (and could not) satisfy commonly accepted tax policy norms, such as fairness, administrability, economic efficiency, production of desired levels of revenues, avoidance of double taxation, fiscal policy goals, inter-nation equity, and so on. In addition, we argued that the court cannot achieve consistent and coherent results by requiring nondiscrimination in both origin and destination countries for transactions involving the tax systems of more than one member state. We demonstrated that – in the absence of harmonized income …

Overeducated Achievatrons Unite!, Joan C. Williams

Faculty Scholarship

No abstract provided.

Mancession Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination, Joan C. Williams, Allison Tait

Faculty Scholarship

No abstract provided.

Fair Trespass, Ben Depoorter

Faculty Scholarship

No abstract provided.

Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin Feldman

Faculty Scholarship

No abstract provided.

Lie Detection And The Negotiation Within, Clark Freshman

Faculty Scholarship

No abstract provided.

And Genetic Testing For All . . . The Coming Revolution In Noninvasive Prenatal Genetic Testing, Jaime S. King

Faculty Scholarship

No abstract provided.

Account Me In Agencies In Quest Of Accountability, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Subsidizing The Press, David M. Schizer

Faculty Scholarship

Through beat reporting and investigative journalism, reporters monitor the foundational institutions of our society. This reporting has value even to those who never buy a newspaper or read a website. For example, subscribers and nonsubscribers alike benefit when government officials respond to a critical news story by eliminating an abusive practice. Yet unfortunately, the professional press is experiencing a severe economic crisis. Layoffs are pervasive, and news organizations across the nation are on the brink of insolvency. As a result, a number of commentators have proposed government subsidies for the press. Yet if the press becomes financially dependent on the …

A Two-Year Randomized Trial Of Obesity Treatment In Primary Care Practice, Thomas A. Wadden

Psychology Faculty Scholarship

BACKGROUND

Calls for primary care providers (PCPs) to offer obese patients behavioral weight-loss counseling have not been accompanied by adequate guidance on how such care could be delivered. This randomized trial compared weight loss during a 2-year period in response to three lifestyle interventions, all delivered by PCPs in collaboration with auxiliary health professionals (lifestyle coaches) in their practices.

METHODS

We randomly assigned 390 obese adults in six primary care practices to one of three types of intervention: usual care, consisting of quarterly PCP visits that included education about weight management; brief lifestyle counseling, consisting of quarterly PCP visits combined …

Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi

Faculty Scholarship

Five years ago, Fred Schauer published an article with the intriguing title: "Do Cases Make Bad Law?" Playing off Holmes' observation that "[g]reat cases like hard cases make bad law," Schauer explored the possibility, as he put it, that "it is not just great cases and hard cases that make bad law, but simply the deciding of cases that makes bad law.” His concern, confirmed and deepened by his characteristically balanced inquiry, was that general principles forged in the resolution of specific legal disputes can suffer by virtue of that provenance. Because such principles by definition are meant to carry …

Erotic Entitlements Part I: A Reply To Sex Therapy In The Age Of Viagra: “Money Can’T Buy Melove”, Adrienne D. Davis

Scholarship@WashULaw

This is the first of three inquiries into what might be thought of as erotic entitlement. It explores the role of the erotic in regulatory and distributive regimes. Conceived as a reply to Susan Stiritz and Susan Appleton‘s provocative and rich essay Sex Therapy in the Age of Viagra, it starts by summarizing the innovations of their argument. It next uses their paper to pose some questions. First, in this time of contentious feminist, constitutional, and human rights sexual discourse, how is the erotic defined? How is the erotic related to and distinct from desire, the sexual, and even the …

Introduction To The Symposium: Access To Justice: Mass Incarceration And Masculinity Through A Black Feminist Lens, Adrienne D. Davis, Annette R. Appell

Scholarship@WashULaw

This Introduction to the Symposium, Race to Justice: Mass Incarceration and Masculinity through a Black Feminist Lens, rehearses the animating forces that led to a colloquium and a series of papers that explore the question of mass incarceration and the negative state engagement surrounding it through gendered and feminist lenses. The Introduction explains how an analysis of mass incarceration through the lens of gender complicates what is often conceived as a story about race. Instead mass incarceration can be more deeply understood through its gendered effects on men and the women and children connected to those men. These connections include …

Prevalence Of Hearing Impairment And Ear Disorders In Beni, Bolivia: A Population Based Study, Stephen Kelleher

Yale Medicine Thesis Digital Library

Stephen P. Kelleher, Diego Santana-Hernández, M.D.(a) (sponsored by Melinda M. Pettigrew Ph.D., Associate Professor of Epidemiology, Yale School of Public Health, New Haven, Connecticut) (a) Fundación Totaí, Casilla 158, Trinidad, Beni, Bolivia.

ABSTRACT:

Hearing impairment is a significant source of morbidity worldwide. It is estimated that over 278 million people in the world experience moderate to profound hearing loss. The goal of this study was to provide population based data on hearing loss and ear disease in Beni, Bolivia and to specifically answer the question of whether particular population demographics are associated with hearing impairment so that hearing loss prevention …

Urine Microscopy Findings Predict Outcomes In Hospitalized Patients With Acute Kidney Injury, Patricia Peter

Yale Medicine Thesis Digital Library

Though urine microscopy has long been highly regarded by nephrologists as an essential diagnostic tool, its potential utility in predicting outcome in acute kidney injury (AKI) warrants further exploration. In this study, urine sediment microscopy was performed on 165 hospitalized patients on the first day of their clinical AKI diagnosis to determine whether microscopy findings early in the course of this disease correlate with "worsening," a composite of increasing AKI stage and in-hospital mortality. Microscopy findings were recorded as individual cells and casts along with a microscopy score derived from renal tubular epithelial (RTE) cells and granular casts. Our data …

Evaluation Of Need And Feasibility Of Tuberculosis Screening In Buprenorphine Treatment Programs, Ryan Schwarz

Yale Medicine Thesis Digital Library

Background: Buprenorphine's availability in primary care settings offers increased access to treatment and linkage to primary care for opioid-dependent patients. Currently, tuberculin skin testing (TST) is recommended for patients enrolling in methadone maintenance treatment (MMT), but not for those enrolling in buprenorphine maintenance treatment (BMT).

Objectives: To compare TST screening results in enrollees in BMT and MMT programs and assess the correlates of TST positivity among these subjects.

Methods: A cross-sectional analysis of a retrospective cohort study was conducted to compare concurrent TST results among contemporaneously matched groups of MMT and BMT patients in the same community.

Results: TST positivity …

Patient Refusal Of Physician: Institutional Awareness And Hospital Leaders' Perspectives, Natalie Spicyn

Yale Medicine Thesis Digital Library

Patient refusal of physician (PRoP) refers to instances in which a patient refuses to be cared for by a given physician because of the physician's socio-demographic characteristics, such as gender, age, race/ethnicity, religion, national origin, or perceived sexual orientation. Minority physicians experience PRoP more often than non-minority physicians, and thus PRoP may become a growing concern as the healthcare workforce diversifies. Little is known, however, about hospital leadership awareness of and response to these circumstances. This study aims to describe the proportion of teaching hospitals with formal guidance on PRoP and to characterize hospital leaders' perspectives on addressing this issue. …

Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe

SMU Law Review

No abstract provided.

Influenza Vaccine Given To Pregnant Women Reduces Hospitalization Due To Influenza In Their Infants, Isaac Benowitz

Yale Medicine Thesis Digital Library

The aim of this study was to determine whether giving influenza vaccine to pregnant women can reduce the incidence of hospitalization due to influenza in their infants in the first year of life. This was a matched, hospital-based case-control study at Yale-New Haven Children's Hospital. Case and control subjects were all aged hospitalization, matched to cases by date of birth and date of hospitalization (both within 4 weeks before or after). We contacted parents of all subjects to collect information on the subjects' health and home setting and to get permission to review subjects' and mothers' hospital records and outpatient …

Modulation Of Myocardial Mitochondrial Mechanisms During Severe Polymicrobial Sepsis In The Rat, M. Chopra, H. B. Golden, S. Mullapudi, W. Dowhan, D. E. Dostal, Avadhesh C. Sharma

PCOM Scholarly Works

Background: We tested the hypothesis that 5-Hydroxydecanoic acid (5HD), a putative mitoKATP channel blocker, will reverse sepsis-induced cardiodynamic and adult rat ventricular myocyte (ARVM) contractile dysfunction, restore mitochondrial membrane permeability alterations and improve survival. Methodology/Principal Findings: Male Sprague-Dawley rats (350-400 g) were made septic using 400 mg/kg cecal inoculum, ip. Sham animals received 5% dextrose water, ip. The Voltage Dependent Anion Channels (VDAC1), Bax and cytochrome C levels were determined in isolated single ARVMs obtained from sham and septic rat heart. Mitochondria and cytosolic fractions were isolated from ARVMs treated with norepinephrine (NE, 10 µmoles) in the presence/absence of 5HD …

Capturing Changes In Gene Expression Dynamics By Gene Set Differential Coordination Analysis, Tianwei Yu, Yun Bai

PCOM Scholarly Works

Analyzing gene expression data at the gene set level greatly improves feature extraction and data interpretation. Currently most efforts in gene set analysis are focused on differential expression analysis - finding gene sets whose genes show first-order relationship with the clinical outcome. However the regulation of the biological system is complex, and much of the change in gene expression dynamics do not manifest in the form of differential expression. At the gene set level, capturing the change in expression dynamics is difficult due to the complexity and heterogeneity of the gene sets. Here we report a systematic approach to detect …

Lying In The Scanner: Covert Countermeasures Disrupt Deception Detection By Functional Magnetic Resonance Imaging, Giorgio Ganis, J. Peter Rosenfeld, John B. Meixner Jr., Rogier Kievit, Haline Schendan

Scholarly Works

Functional magnetic resonance imaging (fMRI) studies have documented differences between deceptive and honest responses. Capitalizing on this research, companies marketing fMRI-based lie detection services have been founded, generating methodological and ethical concerns in scientific and legal communities. Critically, no fMRI study has examined directly the effect of countermeasures, methods used by prevaricators to defeat deception detection procedures. An fMRI study was conducted to fill this research gap using a concealed information paradigm in which participants were trained to use countermeasures. Robust group fMRI differences between deceptive and honest responses were found without, but not with countermeasures. Furthermore, in single participants, …

Can You Really Keep Your Health Care Plan? The Limits Of Grandfathering Under The Affordable Care Act, Elizabeth Weeks Leonard

Scholarly Works

This article examines the rhetoric and reality of President Obama's repeated hallmark promise during federal health reform that "you can keep your health plan," as one example of the Administration's equivocal stance toward deregulation. Although rhetorically supporting the popular preference for decreased government involvement in health care, the Obama Administration, in several instances, has achieved significant re-regulation through the intricacies of executive branch rule-making. The Affordable Care Act's "grandfather rule" (Section 1251, "Preservation of Right to Maintain Existing Coverage") purports to uphold the "you can keep your health plan" promise. But the regulatory requirements for plans to retain grandfathered status …