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2011

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The Predictability Of Juries, Valerie P. Hans, Theodore Eisenberg Jan 2011

The Predictability Of Juries, Valerie P. Hans, Theodore Eisenberg

Cornell Law Faculty Publications

This article discusses the meaning of jury “predictability” and whether jury research supports claims of unpredictability. It then analyzes the factors that are associated with perceptions of civil jury unpredictability using data from (1) surveys of corporate and insurance attorneys’ views of the civil justice system, and (2) the outcomes of civil jury trials in state courts. Perceptions of punitive damages dominate business and insurance industry attorneys’ jury predictability ratings. Punitive damages data are significantly and strongly related to attorneys’ judgments about jury predictability across states. This strong association occurs despite evidence of infrequent punitive damage award requests and less …


Recent Developments: Miller V. State: The United States Supreme Court Decision In Padilla V. Kentucky, Holding That Failure To Advise Non-Citizen Clients About Deportation As A Possible Consequence Of A Guilty Plea Could Invalidate The Plea, Created New Law And Therefore Does Not Apply Retroactively To Invalidate Judgments Finalized Prior To The March 31, 2010 Decision, Mary Lynn Denholm Jan 2011

Recent Developments: Miller V. State: The United States Supreme Court Decision In Padilla V. Kentucky, Holding That Failure To Advise Non-Citizen Clients About Deportation As A Possible Consequence Of A Guilty Plea Could Invalidate The Plea, Created New Law And Therefore Does Not Apply Retroactively To Invalidate Judgments Finalized Prior To The March 31, 2010 Decision, Mary Lynn Denholm

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Williams V. State: Maryland Laws Restricting The Right To Wear, Carry, Or Transport Firearms Outside Of The Home Without A Permit Do Not Violate The Second Amendment Of The United States Constitution, Nicholas Phillips Jan 2011

Recent Developments: Williams V. State: Maryland Laws Restricting The Right To Wear, Carry, Or Transport Firearms Outside Of The Home Without A Permit Do Not Violate The Second Amendment Of The United States Constitution, Nicholas Phillips

University of Baltimore Law Forum

No abstract provided.


An Empirical Analysis Of Empirical Legal Scholarship Production, 1990-2009, Michael R. Heise Jan 2011

An Empirical Analysis Of Empirical Legal Scholarship Production, 1990-2009, Michael R. Heise

Cornell Law Faculty Publications

Inspired by the retirement of Professor Tom Ulen of the University of Illinois, the author considers the growth and development of empirical legal scholarship over two decades—a period of time that corresponds, not coincidentally, with Professor Ulen’s career. Starting in the 1990s when empirical scholarship had not yet “caught on,” the author first documents the increase in quantity of empirical scholarship over two decades. Next, the author applies a law and economics perspective to the recent surge in empirical scholarship, explaining that the trend has been fueled by an increase in the number of empirically trained scholars and also by …


Group Rights And Legal Pluralism, Natan Lerner Jan 2011

Group Rights And Legal Pluralism, Natan Lerner

Emory International Law Review

This Essay deals with a controversial issue in the area of group relations in democratic states, namely the place of group rights in democratic societies and the role of legal pluralism theories. Group rights are presently recognized as entitled to, if not a treatment equal to that of individual rights, at least the recognition of some form of legitimacy that justifies respect, consideration, and protection. Underlying such legitimacy is a view that looks to ensuring harmony between, and constructive coexistence of, the different components of democratic societies. This was not always the case with classic international law, which was not …


Religious And Customary Laws In Nigeria, Abdulmumini A. Oba Jan 2011

Religious And Customary Laws In Nigeria, Abdulmumini A. Oba

Emory International Law Review

This Essay discusses the 'religious law' and 'customary law' paradigms in the context of the Nigerian legal system. It also examines the pluralistic nature of Nigeria in terms of ethnicity, religion, and law, and argues that the religious law paradigm is problematic for the discussion of laws at the global level generally and within the Nigerian legal system in particular. Then this Essay identifies customary law, Islamic law, and English law (common law) as the three legal traditions in Nigeria, and then proceeds to discuss their status and scope, the conflicts between them, and the particular challenges facing the Islamic …


The New Icc Rule On Consolidation: Progress Or Change?, Lara M. Pair, Paul Frankenstein Jan 2011

The New Icc Rule On Consolidation: Progress Or Change?, Lara M. Pair, Paul Frankenstein

Emory International Law Review

In September 2011, the International Chamber of Commerce ('ICC') published the tenth revision of its Arbitration Rules. A task force of more than 175 members from forty-one countries revised the ICC Rules, starting in October 2008. These new rules will enter into effect on January 1, 2012, replacing the current ICC Rules that entered into force on January 1, 1998. Numerous changes were made, ranging from the trivial to the significant. This Article analyzes the expansion of the provision on consolidation in an attempt to predict whether there will be material improvement in the consolidation process or whether the changes …


Protecting The Human Rights Of Lgbt People In Uganda In The Wake Of Uganda's "Anti Homosexuality Bill, 2009", Daniel Englander Jan 2011

Protecting The Human Rights Of Lgbt People In Uganda In The Wake Of Uganda's "Anti Homosexuality Bill, 2009", Daniel Englander

Emory International Law Review

A bill pending before the Ugandan Parliament from October 2009 to May 2011 sought to punish anyone who engages in 'homosexuality' with life imprisonment and prescribed the death penalty for a variety of activities deemed 'aggravated homosexuality.' Many commentators saw the 'Anti Homosexuality Bill, 2009' ('Bill' or 'Anti-homosexuality Bill') as the most pernicious legislative proposal aimed at gays and lesbians anywhere in the world and feared the death penalty provision could signal a 'looming gay genocide' in Uganda. This Comment seeks to begin the conversation on legal solutions to vindicate the rights of LGBT people in Uganda in the wake …


International Law, Religious Limitations, And Cultural Sensitivity: The Park51 Mosque At Ground Zero, Heather Greenfield Jan 2011

International Law, Religious Limitations, And Cultural Sensitivity: The Park51 Mosque At Ground Zero, Heather Greenfield

Emory International Law Review

In the summer of 2010, a controversy erupted after news surfaced of a planned mosque two blocks from New York City's Ground Zero. The proposed location of the mosque, now named Park51, inflamed the passions of many Americans who believed that the Muslim institution would threaten both the memories of September 11, 2001, and the respect for those killed by the terrorist attacks. The Park51 mosque quickly attracted international attention, and the question of whether the state could restrict the mosque became entangled in a web of legal and 'cultural sensitivity' arguments. This Comment advocates an international human rights framework …


The Burqa Ban: An Unreasonable Limitation On Religious Freedom Or A Justifiable Restriction?, Shaira Nanwani Jan 2011

The Burqa Ban: An Unreasonable Limitation On Religious Freedom Or A Justifiable Restriction?, Shaira Nanwani

Emory International Law Review

In the spring of 2011, France enacted a law banning the concealment of the face in public spaces (the 'burqa ban'). The burqa ban creates two new punishable offenses in France. First, wearing clothing designed to conceal one's face in a public space is punishable by either a maximum of a €150 fine or by being required to take a class on the meaning of citizenship, or both. Second, forcing a woman to wear a face-covering veil is punishable by one year of imprisonment or a €30,000 fine. The burqa ban, which was first introduced by the French National Assembly …


Try As They Might, Just Can't Get It Right: Shortcomings Of The International Megan's Law Of 2010, Danielle Viera Jan 2011

Try As They Might, Just Can't Get It Right: Shortcomings Of The International Megan's Law Of 2010, Danielle Viera

Emory International Law Review

This Comment argues that future legislation closely resembling House Bill 5138, the International Megan's Law of 2010, should not become law. Further, this Comment encourages future drafts of such a law to account for the inherent weaknesses of House Bill 5138. This Comment proposes two alternative solutions for Congress to consider in light of the problems discussed: Congress should either change the language in its next attempt or decline to pass any law until it can analyze the successes and failures of the British Parliament's similarly drafted Sarah's Law.


The Unsuspected Pathway Of The Allosteric Transition In Hemoglobin, Stefan Fischer, Kenneth W. Olsen, Kwangho Nam, Martin Karplus Jan 2011

The Unsuspected Pathway Of The Allosteric Transition In Hemoglobin, Stefan Fischer, Kenneth W. Olsen, Kwangho Nam, Martin Karplus

Chemistry: Faculty Publications and Other Works

Large conformational transitions play an essential role in the function of many proteins, but experiments do not provide the atomic details of the path followed in going from one end structure to the other. For the hemoglobin tetramer, the transition path between the unliganded (T) and tetraoxygenated (R) structures is not known, which limits our understanding of the cooperative mechanism in this classic allosteric system, where both tertiary and quaternary changes are involved. The conjugate peak refinement algorithm is used to compute an unbiased minimum energy path at atomic detail between the two end states. Although the results confirm some …


Seasonal Ice Mass-Balance Buoys: Adapting Tools To The Changing Arctic, Chris Polashenski, Don Perovich, Jackie Richter-Menge, Bruce Elder Jan 2011

Seasonal Ice Mass-Balance Buoys: Adapting Tools To The Changing Arctic, Chris Polashenski, Don Perovich, Jackie Richter-Menge, Bruce Elder

Dartmouth Scholarship

Monitoring the local mass balance of Arctic sea ice provides opportunities to attribute the observed changes in a particular floe’s mass balance to specific forcing phenomena. A shift from multi- year to seasonal ice in large portions of the Arctic presents a challenge for the existing Lagrangian array of autonomous ice mass-balance buoys, which were designed with a perennial ice cover in mind. This work identifies the anticipated challenges of operation in seasonal ice and presents a new autonomous buoy designed to monitor ice mass balance in the seasonal ice zone. The new design presented incorporates features which allow the …


The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain Jan 2011

The French Jury At A Crossroads, Valerie P. Hans, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.


Who Let The Dog Out? Implementing A Successful Therapy Dog Program In An Academic Law Library, Femi Cadmus, Julian Aiken Jan 2011

Who Let The Dog Out? Implementing A Successful Therapy Dog Program In An Academic Law Library, Femi Cadmus, Julian Aiken

Cornell Law Faculty Publications

No abstract provided.


Things In Common: Challenges Of The 19th And 21st Century Librarians, Femi Cadmus Jan 2011

Things In Common: Challenges Of The 19th And 21st Century Librarians, Femi Cadmus

Cornell Law Faculty Publications

No abstract provided.


Microstructural Evolution Of Fine-Grained Layers Through The Firn Column At Summit, Greenland, R. Lomonaco, M. Albert, I. Baker Jan 2011

Microstructural Evolution Of Fine-Grained Layers Through The Firn Column At Summit, Greenland, R. Lomonaco, M. Albert, I. Baker

Dartmouth Scholarship

We present a microstructural characterization of fine-grained layers from the top 90 m of firn from Summit, Greenland, performed using a combination of scanning electron microscopy techniques including secondary electron imaging, energy-dispersive spectroscopy and electron backscattered patterns, and X-ray microcomputed tomography. The impurities in the firn, both soluble impurities and dust particles, were found largely in the grain interiors. Both c- and a-axis pole figures do not show strong evidence of a preferred orientation of the grains even at the bottom of the firn column. The firn structure became increasingly anisotropic with vertical alignment in the top 3 m, probably …


Foreward: Erie's Gift, Jay Tidmarsh Jan 2011

Foreward: Erie's Gift, Jay Tidmarsh

Journal Articles

Sometimes described as "one of the modem cornerstones of our federalism," Erie stands at its narrowest for a simple proposition: When a federal court decides a claim whose source is state law, the court must apply the same substantive common-law rules that a state court would apply to the claim. Dictated by statute, by policy, and by the Constitution, this result seems "superbly right" to many. Indeed, Erie's narrow holding is not controversial today.


Doctor Of Nursing Practice Students Advocating For Health Care Access, Quality, And Reform: From The Virtual Classroom To Capitol Hill., Mary Lou Manning, Dolores Grosso Jan 2011

Doctor Of Nursing Practice Students Advocating For Health Care Access, Quality, And Reform: From The Virtual Classroom To Capitol Hill., Mary Lou Manning, Dolores Grosso

College of Nursing Faculty Papers & Presentations

The potential for doctor of nursing practice students to inform and influence the national health care reform movement inspired faculty teaching an online Health and Social Policy course to create an assignment combining comparative effectiveness research with a trip to Capitol Hill to meet with congressional representatives. Preparing for and participating in such an assignment can present challenges for online doctoral students already busy with family and professional responsibilities. However, from both faculty and student perspectives, the lasting value and professional growth are immeasurable. Course details and the theoretical concepts of experiential education are presented, as well as trip logistics …


Assessment Of “Gene-Environment” Interaction In Cases Of Familial & Sporadic Pancreatic Cancer, Theresa Yeo, Ralph Hruban, Kieran Brune, Alison Klein, Shiela Fitzgerald, Charles Yeo Jan 2011

Assessment Of “Gene-Environment” Interaction In Cases Of Familial & Sporadic Pancreatic Cancer, Theresa Yeo, Ralph Hruban, Kieran Brune, Alison Klein, Shiela Fitzgerald, Charles Yeo

College of Nursing Faculty Papers & Presentations

Background: Pancreatic cancer (PC) is the fourth leading cause of cancer death in the United States. Reported risk factors for PC include: advancing age, a family history of PC, high-risk inherited syndromes, cigarette smoking, exposure to occupational and environmental carcinogens, African-American race, high fat/high cholesterol diet, obesity, chronic pancreatitis, and diabetes mellitus.

Purpose: The purpose of this study was to characterize one of the largest national registries of familial PC (FPC) and sporadic PC (SPC), focusing on demographics, clinical factors, self-reported environmental and occupational lifetime exposures and survival status.

Methods: Retrospective cross-sectional, case-only analysis of FPC cases (n …


Incivility In Healthcare Settings: Manifestations, Root Causes, And Downstream Effects On Patient Care And Productivity, Theresa P. Yeo, Anne Belcher, Charles J. Yeo Jan 2011

Incivility In Healthcare Settings: Manifestations, Root Causes, And Downstream Effects On Patient Care And Productivity, Theresa P. Yeo, Anne Belcher, Charles J. Yeo

College of Nursing Faculty Papers & Presentations

PURPOSE: To investigate the prevalence and effects of incivility in healthcare and educational settings

METHODS: Review of the literature

SEARCH STRATEGY: CINAHL, PubMed, Joint Commission sites searched using terms: incivility, workplace violence, disruptive behavior, bullying


An Innovative Nurse Practitioner Model For Hospitalist Care, Melissa A. Diehl, Msn, Crnp, Mary Devry, Msn, Crnp, Kimberly Covington, Msn, Crnp, Beth Ann Swan, Phd, Crnp, Faan Jan 2011

An Innovative Nurse Practitioner Model For Hospitalist Care, Melissa A. Diehl, Msn, Crnp, Mary Devry, Msn, Crnp, Kimberly Covington, Msn, Crnp, Beth Ann Swan, Phd, Crnp, Faan

College of Nursing Faculty Papers & Presentations

Purpose Statement:

The purpose of this poster presentation is to describe a hospitalist model of care developed and implemented by a collaborative care management team.


Human Milk Intake In Preterm Infants: Correlation Of The Preterm Infant Breastfeeding Behavior Scale (Pibbs) And Test Weighing, Ann Phalen Jan 2011

Human Milk Intake In Preterm Infants: Correlation Of The Preterm Infant Breastfeeding Behavior Scale (Pibbs) And Test Weighing, Ann Phalen

College of Nursing Faculty Papers & Presentations

Conclusions:

Direct observation and the use of the observational instruments are not clinically useful in predicting milk intake in preterm infants.

PHA, PNA, and BFE should not be used arbitrarily as predictor variables

Test weighing is the most reliable method to measure milk intake.

The PIBBS is a reliable instrument when used by trained lactation specialists but not predictive of milk intake in preterm infants for the volume of milk intake in preterm infants.


Parenting Foster Children With Chronic Illness And Complex Medical Needs, Lori S. Lauver Phd Jan 2011

Parenting Foster Children With Chronic Illness And Complex Medical Needs, Lori S. Lauver Phd

College of Nursing Faculty Papers & Presentations

Conclusions: Parenting foster children with complex health care needs is a life changing experience for the foster families as well as foster children. A multifaceted experience, it has implications not only for nursing but multiple disciplines.

Article: http://jdc.jefferson.edu/nursfp/17/


Global To Local: Apic Chapters Build Community Awareness For Iipw In Their Communities, Janiene Torch Bohannon, Mary Lou Manning, Louise Hesse, Patrice Fitzsimons, Linda Huddleston, Colleen Chapple, Leanne Mikielski, Diana Doughty, Ossama Rassian, Maha Fathy, Lamia Fouad, Mostafa Abdel Nasser Jan 2011

Global To Local: Apic Chapters Build Community Awareness For Iipw In Their Communities, Janiene Torch Bohannon, Mary Lou Manning, Louise Hesse, Patrice Fitzsimons, Linda Huddleston, Colleen Chapple, Leanne Mikielski, Diana Doughty, Ossama Rassian, Maha Fathy, Lamia Fouad, Mostafa Abdel Nasser

College of Nursing Faculty Papers & Presentations

No abstract provided.


Exposition Des Travailleurs De La Construction À La Silice Cristalline : Bilan Et Analyse De La Littérature, Charles Beaudry, Chantal Dion, Michel Gérin, Guy Perrault, Denis Bégin, Jérôme Lavoué Jan 2011

Exposition Des Travailleurs De La Construction À La Silice Cristalline : Bilan Et Analyse De La Littérature, Charles Beaudry, Chantal Dion, Michel Gérin, Guy Perrault, Denis Bégin, Jérôme Lavoué

États de la question, rapports d’expertise et revues de littérature

La silice est un des composés inorganiques les plus répandus dans la nature. Sous la forme cristalline du quartz on la retrouve abondamment dans divers minéraux, dont le granite et le sable. Lorsque des matériaux contenant de la silice cristalline sont manipulés, le quartz peut se retrouver sous forme de poussière en suspension dans l’air. L’inhalation de cette poussière par les travailleurs peut causer diverses maladies des voies respiratoires, dont les plus invalidantes sont la silicose et le cancer pulmonaire.

Dans le secteur de la construction, l’exposition professionnelle à la silice cristalline est fréquente dans plusieurs métiers, en raison de …


Collegeville Institute For Ecumenical And Cultural Research, Peggy L. Roske Jan 2011

Collegeville Institute For Ecumenical And Cultural Research, Peggy L. Roske

Archives History Lessons

No abstract provided.


Saint John's First "Bible Project", Peggy L. Roske Jan 2011

Saint John's First "Bible Project", Peggy L. Roske

Archives History Lessons

No abstract provided.


Saint John's - 75 Year Ago (1936), Peggy L. Roske Jan 2011

Saint John's - 75 Year Ago (1936), Peggy L. Roske

Archives History Lessons

No abstract provided.


Reinventing Richard Goldschmidt: Reputation, Memory, And Biography, Michael Dietrich Jan 2011

Reinventing Richard Goldschmidt: Reputation, Memory, And Biography, Michael Dietrich

Dartmouth Scholarship

Richard Goldschmidt was one of the most controversial biologists of the mid-twentieth century. Rather than fade from view, Goldschmidts work and reputation has persisted in the biological community long after he has. Goldschmidts longevity is due in large part to how he was represented by Stephen J. Gould. When viewed from the perspective of the biographer, Goulds revival of Goldschmidt as an evolutionary heretic in the 1970s and 1980s represents a selective reinvention of Goldschmidt that provides a contrast to other kinds of biographical commemorations by scientists.\r\n\r\nKeywords: Richard Goldschmidt, hopeful monsters, evolutionary synthesis, Stephen J. Gould, punctuated equilibrium, biography