Digital Commons Network^™

Texas Annual Survey: Securities Regulation, George Lee Flint Jr

Faculty Articles

Securities law opinions under Texas law during this period can be divided into two groups. The first group deals with various fraudulent schemes targeted by the Board. The "free lunch" scam, aimed at senior investors, surfaced in Head v. State where the scammer lost the appeal because the evidence clearly confirmed his failure to inform investors. In Navarro v. Grant Thornton, LLP investors failed in their aiding and abetting lawsuit against the accountants because, absent contact between the accountants and investors, the accountants had no duty to whistleblow to regulators or investors.

The second group involves incompetent lawyers. In S&D …

Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis

Faculty Articles

The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers. These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.

On Race, Gender, And Radical Tort Reform: A Review Of Martha Chamallas & Jennifer B. Wriggins, The Measure Of Injury: Race, Gender, And Tort Law, Vincent R. Johnson

Faculty Articles

The Measure of Injury is an intellectual tour de force of gender and race-based jurisprudence applied to critical issues in the law of torts. In this volume, Martha Chamallas and Jennifer B. Wriggins shed light on numerous issues related to law governing accidents and intentional injuries, while offering insights into the American tort system and the challenges it faces.

Chamallas and Wriggins draw upon the feminist theory, critical race theory, and general critical theory in analyzing tort doctrines and evaluating potential reforms. The authors explore how racial perceptions can distort even seemingly neutral inquiries, such as those related to factual …

Post-Resuscitation Care Practices Following Cardiac Arrest At Six Regional Interventional Cardiology Centers In The United States 2007-2011, David B. Seder Md, Nainesh Patel Md, John A. Mcpherson Md, Paul W. Mcmullan Md, Karl B. Kern Md, Barbara T. Unger Rn, J Browning, Sudip Nanda Md, Facp, Melkon Hacobian Md, Michael B. Kelley Md, Niklas Nielsen Md, Phd, Michael R. Mooney Md

Department of Medicine

No abstract provided.

The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod

Faculty Articles

Recent controversies, such as enactment of an individual mandate to purchase health insurance and the legalization of assisted suicide in Washington and Montana, have renewed the war over personal autonomy. Debates about the value and limits of personal autonomy also play major roles in the controversies over abortion, same-sex intimacy, and same-sex marriage. On one side of the autonomy war, advocates of unfettered individual freedom assert that by her un-coerced and autonomous choice, the individual person determines the value of human goods such as life, health, and marriage.

On the other side, proponents of strong government restrictions on personal choice …

The Energy-Water Nexus In Texas, Amy Hardberger, Ashlynn Stillwell, Carey King, Michael Webber, Ian Duncan

Faculty Articles

As we confront the challenges posed by climate change, decisions on supplying energy and water to the world’s growing population should no longer be made in isolation. The challenges facing Texas and the rest of the globe require that we recognize the deep inter‐connections and trade‐offs involved in deciding how to meet power and water needs in an increasingly resource‐constrained world.

This report is the first in a series designed to explore aspects of the energy‐water nexus in Texas. It examines the water requirements for various types of electricity generating facilities, both for typical systems nationwide and here in Texas. …

Clinical Practice Guidelines For Rehab And Oncology, Stephanie L. Marshall Pt, Dpt, Ocs, Kathleen A. Leies Rn, Jennifer Roeder Mspt, Mba

Department of Medicine

No abstract provided.

En Coup De Sabre, Marie S. Lewars Do, Gwyn Frambach Do, Charles Grooper Md

Department of Medicine

No abstract provided.

Equestrian Perniosis, Donald J. Adler Do, Marie S. Lewars Do

Department of Medicine

No abstract provided.

Improving Symptoms Of Stress Urinary Incontinence For Patients With Dyspareunia Utilizing Physical Therapy: A Case Report, Karen Snowden Pt, Dpt, Lauren Garges Pt, Ms

Department of Medicine

No abstract provided.

In Our Own Backyard, Jeanne L. Zukas Do, Suzanne J. Templer Do

Department of Medicine

No abstract provided.

Oral Fixed Drug Eruption Secondary To Isoniazid, Tanya Ermolovich Do, Tatyana Groysman Do

Department of Medicine

No abstract provided.

Civil Evidence, Luis G. Zambrano

SMU Law Review

No abstract provided.

Partnerships, Steven A. Waters

SMU Law Review

No abstract provided.

Personal Tort Law, Meredith J. Duncan, Jacquelyn Craig

SMU Law Review

No abstract provided.

Securities Regulation, George Lee Flint

SMU Law Review

No abstract provided.

Wills And Trusts, Gerry W. Beyer

SMU Law Review

No abstract provided.

Real Property, J. Richard White, G. Roland Love

SMU Law Review

No abstract provided.

Taxation, Cynthia M. Ohlenforst, Sam Megally, Angela J. Seekins

SMU Law Review

No abstract provided.

The History Of Intellectual Property Taxation: Promoting Innovation And Other Intellectual Property Goals, Xuan-Thao Nguyen, Jeffrey A. Maine

SMU Law Review

No abstract provided.

When Have They Paid Enough - The Taxability Of Compensation Payments Made To Wrongfully Incarcerated Individuals, Erin Tyler Brewster

SMU Law Review

No abstract provided.

Head-Start Juvenile And Adult Resident Eastern Box Turtles (Terrapene Carolina Carolina): Winter Ecology Including Microhabitat Selection, Temperature Tolerance And Philopatry, Amberly Moon

Theses and Dissertations

The Eastern box turtle (Terrapene carolina carolina) is one of the most common reptiles in North America, but is soon to be threatened due to increased urbanization, disease, and the pet and food trades. In order to assist resource managers in choosing suitable sites for relocation studies, more information on the winter ecology of this species is necessary. We examined the temperature tolerance, microhabitat and degree of philopatry to hibernacula for juvenile and adult E. box turtles for two consecutive winters in Charles City Co, VA. The turtles were tracked via radio telemetry to record point locations during the active …

Hindfoot And Forefoot Kinematic Differences Among Individuals With And Without Functional Ankle Instability, Cynthia Wright

Theses and Dissertations

Introduction: Following lateral ankle sprain, many individuals experience recurrent injury and symptoms of giving-way, known as Functional Ankle Instability (FAI). It has been proposed that altered joint kinematics during activity may contribute to instability in these individuals, however research findings have been inconsistent. Objective: To capture foot and ankle kinematic data during two common tasks (walking gait and jump landing) among three groups: individuals with FAI, healthy controls and copers. Design: 3-group observational cross-sectional study. Participants: Participants included 23 individuals with a history of ≥ 1 ankle sprain and at least 2 episodes of giving-way in the past year (FAI: …

Children Of House, Grant White

Theses and Dissertations

A collection of poems

Pediatrician Perceptions Of The Patient-Centered Medical Home Model, Christopher Ray

Theses and Dissertations

The Patient-Centered Medical Home (PCMH) is an emerging model of health care designed to provide a simpler, more effective health care experience. The model places heavy emphasis on the concept of every patient having a "personal physician" who is the point of access for all health care needs and concerns. The personal physician integrates all relevant health care information to provide the patient with a holistic picture of his health. The supposed benefits of the PCMH model include an improved patient experience, increased effectiveness of care, increased efficiency of care, greater access to care, among others. Only now is evidence …

Functional Consequences Of Cytosine Methylation In Mitochondrial Dna Catalyzed By Dna Methyltransferase 1, Lisa Shock

Theses and Dissertations

Cytosine methylation of mitochondrial DNA (mtDNA) was first described several decades ago, but neither the mechanism generating this modification nor its functional significance was known. Because mitochondrial dysfunction is a hallmark characteristic of numerous human diseases, including neurological and cardiovascular disease, aging and cancer, this dissertation addressed whether epigenetic modification of mtDNA regulates mitochondrial function. We show that mtDNA contains not only 5-methylcytosine (5mC), but also 5-hydroxymethylcytosine (5hmC), suggesting that previous reports likely underestimated the degree of epigenetic modification within the mitochondrial genome. We questioned how these modifications were generated by looking for mitochondrial isoforms of the nuclear-encoded DNA methyltransferases. …

Biobehavioral Relationships And Health Related Quality Of Life In Persons With End Stage Renal Disease On Hemodialysis, Avis Allen

Theses and Dissertations

The study of immune status and biobehavioral measures is limited in professional nursing. The purpose of the pre-pilot study was to describe levels of cytokines prior to, during, and after dialysis, examine changes in cytokine levels from immediate pre-dialysis to immediate post-dialysis, and to compare cytokine patterns prior to and after dialysis. A within subject descriptive study was conducted as part of a larger pilot study to describe levels of cytokines prior to, during, and after dialysis, examine changes in cytokine levels from immediate pre-dialysis to immediate post-dialysis, and to compare cytokine patterns prior to and after dialysis. Serum cytokine …

Home Literacy Factors Affecting Emergent Literacy Skills, Robyn Valerie Cassel

Theses and Dissertations

The purpose of this study is to identify factors in the home literacy environment using the Stony Brook Family Reading Survey (SBFRS) in order to understand the extent to which these factors predict phonemic awareness and other basic reading skills, as assessed by selected subtests from the Woodcock-Johnson III (WJ III). The present study used archival data to examine the home literacy habits of a sample of parents and preschool children ages 3-5 years (range in months= 36-67) from a private and a public preschool with a combination of high- and low-income backgrounds and various ethnicities. Using exploratory factor analyses …

What If Daniel Ellsberg Hadn't Bothered?, Heidi Kitrosser

Articles

This article was written for the Indiana Law Review’s 2011 annual symposium entitled, “What If? Counterfactuals in Constitutional History.” As the article’s title suggests, it considers the impact of Daniel Ellsberg’s decision to leak the Pentagon Papers to the New York Times. The article takes some liberty with the topic of constitutional counterfactuals. Despite its author’s vast enjoyment of several classic movies and television episodes featuring parallel worlds, the article does not build a counterfactual universe in which Daniel Ellsberg never leaked the Pentagon Papers. It hints at such a world indirectly, however, by considering the difference that Ellsberg’s leak …

Regional Strategies For Racial Integration Of Schools And Housing Post-Parents Involved, Myron Orfield

Articles

No abstract provided.