Digital Commons Network^™

When Things Go Wrong In The Clinic: How To Prevent And Respond To Serious Student Misconduct, Robert L. Jones Jr., Gerard F. Glynn, John J. Francis

Journal Articles

This article documents the types of misconduct that students commit, explores why serious misconduct occurs, examines whether such conduct can be anticipated and reduced by prescreening and monitoring potentially problematic students, and suggests how misconduct might be addressed once it occurs. The authors' analysis thus encompasses both legal obligations and pedagogical considerations, and it takes account of the differing perspectives of clinical professors, law school administrators, and bar examiners. The authors operate from a "student centered" perspective that emphasizes the support and development of law students. This article is prescriptive, therefore, in the extent to which it emphasizes preventive actions …

The Innocence Effect, Avishalom Tor, Oren Gazal-Ayal

Journal Articles

Nearly all felony convictions - about 95 percent - follow guilty pleas, suggesting that plea offers are very attractive to defendants compared to trials. Some scholars argue that plea bargains are too attractive and should be curtailed because they facilitate the wrongful conviction of innocents. Others contend that plea bargains only benefit innocent defendants, providing an alternative to the risk of a harsher sentence at trial. Hence, even while heatedly disputing their desirability, both camps in the debate believe that plea bargains commonly lead innocents to plead guilty. This Article shows, however, that the belief that innocents routinely plead guilty …

A Broken Windows Theory Of International Corruption, Roger P. Alford

Journal Articles

The Article re-conceptualizes corruption through the lens of the broken windows theory of community policing, focusing on the root consequences of corruption as well as its secondary effects.

Part II of the Article posits that corruption is a broken window that signals the breakdown of community controls necessary for the maintenance of social order. A government that abuses its power for private gain is a government that cannot be trusted to pursue the general welfare. Empirical evidence finds ample support for this claim, confirming that corruption negatively alters the public’s perception of government and society.

Part III of the Article …

Is Pepsi Really A Substitute For Coke? Market Definition In Antitrust And Ip, Mark P. Mckenna

Journal Articles

Antitrust law explicitly depends on market definition. Many issues in IP law also depend on market definition, though that definition is rarely explicit. Applying antitrust traditional market definition to IP goods leads to some startling results. Despite the received wisdom that IP rights don't necessarily confer market power, a wide array of IP rights do exactly that under traditional antitrust principles. This result requires us to rethink both the overly-rigid way we define markets in antitrust law and the competitive consequences of granting IP protection. Both antitrust and IP must begin to think realistically about those consequences, rather than falling …

Dastar's Next Stand, Mark P. Mckenna

Journal Articles

A series of recent cases implicate the extent to which trademark law can be used to control creative content. The possibility of using trademark law for that purpose obviously creates a potential conflict with copyright law, which ordinarily sets the rules for use of creative material developed by others. Unfortunately, despite its attraction to boundary questions in trademark law, the Supreme Court‘s Dastar decision—its lone decision demarcating trademark and copyright law—remains controversial and its scope somewhat unclear. This Essay argues that Dastar should be understood, or at least should be extended, to rule out any claims based on confusion that …

A Pilot Online Survey Assessing Risk Factors For Hiv Acquisition In The Navy And Marine Corps, 2005-2010, Shilpa Hakre, Adam W. Armstrong, Robert J. O'Connell, Nelson L. Michael, Paul T. Scott, David Brett-Major

Journal Articles: Epidemiology

The Department of Defense policy Don't Ask, Don't Tell (DADT) ended in September, 2011. The Navy Bloodborne Infection Management Center conducted a post-DADT pilot survey of HIV seroconverters identified when the DADT policy was in effect. Sailors and Marines newly diagnosed as HIV positive from 2005 to 2010 were invited to participate in an online survey. A structured questionnaire elicited risk information about the 3-year period before HIV diagnosis. Respondents reported engaging commonly in same sex sexual activity, having concurrent partners, and poor condom use for anal sex. In this first post-DADT repeal report of self-reported behaviors, male-to-male sexual contact …

Epidemiology Of Contemporary Seroincident Hiv Infection In The Navy And Marine Corps, David Brett-Major, Shilpa Hakre, Neal A. Naito, Adam Armstrong, Eric A. Bower, Nelson L. Michael, Paul T. Scott

Journal Articles: Epidemiology

Human Immunodeficiency Virus (HIV) infection continues at a steady rate among U.S. Sailors and Marines. This study provides the first service-specific description of HIV infection demographics. All Sailors and Marines identified as HIV infected between January 2005 and August 2010 were included. The project compared personnel and epidemiologic data, and tested reposed sera in the Department of Defense Serum Repository. This group comprised 410 Sailors and 86 Marines, predominantly men. HIV infected Marines were more likely to be foreign born than their Navy counterparts, 42% versus 10%, p < 0.001. Approximately half of the patients had deployed including to the wars in Iraq or Afghanistan. Nearly half of each group was infected by the age of 25. Similar to the U.S. epidemic, Black race was over-represented. Unlike national rates, Hispanic Sailors and Marines were not over-represented. Demographics were distinct for those of specific occupational specialties. Certain ship classes carried lower incidences. Clustering of HIV infection risk occurred around deployment. The Navy and Marine Corps have different patterns of HIV infection, which may merit distinct approaches to prevention. The Navy may have unique targets for prevention efforts to include pipeline training and first assignment as well as particular occupational environments.

Post-Cataract Outcomes In Patients With Noninfectious Posterior Uveitis Treated With The Fluocinolone Acetonide Intravitreal Implant., John D. Sheppard, Quan Dong Nguyen, Dale W. Usner, Timothy L. Comstock

Journal Articles: Ophthalmology

PURPOSE: To describe visual acuity (VA) and inflammation following cataract surgery in eyes with noninfectious posterior uveitis (NIPU) that were being treated with a fluocinolone acetonide (FA) intravitreal implant compared with those that were not.

DESIGN: Post hoc, subgroup analysis of data from a 3-year, dose-masked, randomized, multicenter trial evaluating the FA implant for the treatment of NIPU.

PARTICIPANTS AND CONTROLS: The subset of eyes that underwent cataract surgery during the 3-year trial. Eyes were either implanted with a 0.59- or a 2.1-mg FA implant, or, in the case of affected fellow eyes, received standard-of-care local treatment.

MAIN OUTCOME MEASURES: …

Limitations Of The Rhesus Macaque Draft Genome Assembly And Annotation, Xiongfei Zhang, Joel Goodsell, Robert B. Norgren

Journal Articles: Genetics, Cell Biology & Anatomy

Finished genome sequences and assemblies are available for only a few vertebrates. Thus, investigators studying many species must rely on draft genomes. Using the rhesus macaque as an example, we document the effects of sequencing errors, gaps in sequence and misassemblies on one automated gene model pipeline, Gnomon. The combination of draft genome with automated gene finding software can result in spurious sequences. We estimate that approximately 50% of the rhesus gene models are missing, incomplete or incorrect. The problems identified in this work likely apply to all draft vertebrate genomes annotated with any automated gene model pipeline and thus …

Detection And Characterization Of Pyromarkers Of Smoked Drugs Of Abuse, Rona Kiyomi Nishikawa

Graduate Theses, Dissertations, and Problem Reports (ETD)

Smoking or inhalation has increased in popularity as the choice route of administration of drugs of abuse amongst drug abusers. Combustion products associated with the smoking event (pyromarkers) of these smoked drugs of abuse can be useful in post mortem toxicological analysis both for investigative and public health applications. A method using analytical pyrolysis was developed to simulate the smoking process used for illicit drugs, which is significantly different than methods used for studies of conventional tobacco smoking, This method was used to identify possible markers associated smoked fentanyl and mixes of heroin and fentanyl. Thermocouple temperature probes were used …

Compositional And Functional Characteristics Of Materials Recovered From Headed Gutted Silver Carp (Hypophthalmichthys Molitrix) By Isoelectric Solubilization And Precipitation Using Organic Acids, Ilgin Paker

Graduate Theses, Dissertations, and Problem Reports (ETD)

Silver carp (Hypophthalmichthys molitrix) is one of the main freshwater fish species with a high nutritional value; however, it is hard to process the fish due to its boney carcass. Therefore, isoelectric solubilization and precipitation (ISP) processing was applied to headed gutted silver carp to separate the protein from the bones, scales, skin, fins, etc. Different solubilization strategies (pH 2.5, 3.0. 11.5 and 12.0) using organic acids, either acetic acid (AA) or a 30% formic and lactic acid combination (F&L), were applied during ISP and the different effects of treatments on the materials recovered from the initial silver carp were …

A Comparison Of Airway Dimensions Among Different Skeletal Craniofacial Patterns, Ronnie J. Sparks

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background and Objectives: Much attention has been given to the association of craniofacial skeletal morphology, upper airway dimension, and respiratory function with patients suffering from obstructive sleep apnea. However, much of the information gathered on the aforementioned has been established with the use of 2-Dimensional lateral cephalometry. The objective of this study was to investigate upper airway dimensions among different skeletal patterns using cone-beam computed tomography (CBCT). Methods: A sample of 279 patients who seught orthodontic treatment at the University of Nevada Las Vegas School of Dentistry Department of Orthodontics was included in this study. Pre-treatment multi-slice CBCT scans of …

Response: One Market We Do Not Need, Giovanna Shay

Faculty Scholarship

The Author responds to Alexander Volokh’s, Prison Vouchers, 160 U. Pa. L. Rev. 779 (2012). She argues that Professor Volokh is right that American prisons are considered to be “low quality,” and that they suffer from “high violence rates, bad medical care, [and] overuse of highly punitive measures like administrative segregation . . . .” But his proposed solution—a system of “prison vouchers” that would permit prisoners to choose their facilities and thus create a market for prison services—would provide only an illusion of choice. Even worse, such a system runs the risk of strengthening the self-interested forces that drive …

Exhausted, Giovanna Shay

Faculty Scholarship

The Prison Litigation Reform Act (PLRA) contains an administrative exhaustion provision that was interpreted by the Supreme Court in Woodford v. Ngo in 2006 to impose a procedural default component. This piece argues that we should take seriously Justice Breyer’s Woodford concurrence, in which he noted that administrative law doctrine contains well-established exceptions to exhaustion. Although this point might at first seem inconsistent with other Supreme Court cases interpreting the PLRA, this Article argues that Justice Breyer’s concurrence can be reconciled with those opinions. PLRA exhaustion invokes regular administrative law exhaustion doctrine so long as it is not inconsistent with …

Illich (Via Cayley) On Prisons, Giovanna Shay

Faculty Scholarship

This Article considers whether, more than a dozen years after publication of Cayley’s book "The Expanding Prison: The Crisis in Crime and Punishment and the Search for Alternatives," Illich’s theories help us to make sense of America’s “prison-industrial complex.” The Author concludes that our current situation reflects in part the dynamics of his theory of “counterproductivity,” but that Illich did not take sufficient account of the salience of race and class in American criminal punishment.

The Place Of Law In Ivan Illich's Vision Of Social Transformation, Bruce K. Miller

Faculty Scholarship

This Article discusses Ivan Illich’s direction for social reform that led to his book, "Tools for Conviviality", where Illich targeted development, technology, and the exploitation of nature. Illich identified three key cultural institutions that needed to be reclaimed in order to bring about an inversion of industrial society: science, language, and law. This Article focuses on the rule of law and its central institutional invention—formal adjudication.

The Author suggests that Illich’s idealism can still be found in the law reform litigation effort and identifies the diminished stature of the ideal of disinterested adjudication as a significant threat to Illich’s hopes …

Symposium: Radical Nemesis: Re-Envisioning Ivan Illich's Theories On Social Institutions Foreword, Jennifer L. Levi

Faculty Scholarship

The eight articles in this Symposium issue reflect the divergent topics that Ivan Illich managed to reflect upon in his life’s works. The topics include discussion of prisons, education, family law structures, privatization of welfare services and its impact on labor consciousness, media, and the rule of law.

The Symposium was a daylong conference of ideas that invited the engagement of those who joined. The students of Illich and students of students of Illich shared with those of us who had not studied at his side, his passion for ideas, his insights, and his invitation for anyone with or without …

Illustrating Thomas Holcroft’S A Tale Of Mystery As Physiognomical Tableaux Vivant, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

What We Can Learn From The Lived Experience Of Asperger's Syndrome, Craig Allen Talbot Edd

Dissertations

The overall purpose of this study was to survey the personal experiences of individuals with Asperger's Syndrome (AS), analyze and combine them into a shared lived experience in order to provide information pertinent to treatment and intervention, particularly in educational and extra-curricular settings. Those teaching, volunteering or working with individuals with AS must consider their behavioral propensities and natural inclinations in both characteristics and individual personality traits when guiding them in schooling, career preparation, life skills, social interactions and other responsibilities. The goal of the study was to identify common interventions, including technology interventions, or patterns of behavior used by …

A Proposal For A Feasible, First-Step, Legislative Agenda For Divorce Reform, Alan J. Hawkins

Faculty Publications

American sociologist Andrew Cherlin argues that the institutional boundaries of marriage have shrunk; marriage no longer effectively governs intimate associations before marriage, or structures "proper" pathways to the desired goal of healthy, stable marriage. Personal development and individual emotions are at the core of modern marriage, rather than societal expectations and religious and civil norms. Accordingly, marriages are held together now by internal, psychological forces rather than external, societal forces, and these bonds are substantially weaker. As a result, divorce is common, with about half ending within twenty years; second marriages have even higher rates of disruption. While the divorce …

Forgiveness And Relationship Satisfaction: Mediating Mechanisms, Scott R. Braithwaite, Edward A. Selby, Frank D. Fincham

Faculty Publications

Although the ability to forgive transgressions has been linked to overall relationship satisfaction, the mechanisms that mediate this association have not been established. We propose that the tendency to forgive a romantic partner increases relationship satisfaction via increased relational effort and decreased negative conflict. In two studies, we used structural equations modeling to examine these variables as potential mechanisms that drive this association. In Study 1 (N = 523) and Study 2 (N = 446) we found that these variables significantly mediated the association between forgiveness and relationship satisfaction. The findings were robust when examined concurrently and longitudinally, across multiple …

Psychological Pathways Linking Social Support To Health Outcomes: A Visit With The “Ghosts” Of Research Past, Present, And Future, Wendy C. Birmingham, Bert N. Uchino, Kimberly Bowen, Mckenzie Carlisle

Faculty Publications

Contemporary models postulate the importance of psychological mechanisms linking perceived and received social support to physical health outcomes. In this review, we examine studies that directly tested the potential psychological mechanisms responsible for links between social support and health-relevant physiological processes (1980s to 2010). Inconsistent with existing theoretical models, no evidence was found that psychological mechanisms such as depression, perceived stress, and other affective processes are directly responsible for links between support and health. We discuss the importance of considering statistical/design issues, emerging conceptual perspectives, and limitations of our existing models for future research aimed at elucidating the psychological mechanisms …

Giving Birth: The Voices Of Women In Tamil Nadu, India, Cheryl A. Corbett, Lynn Clark Callister

Faculty Publications

Purpose: The purpose of this qualitative descriptive study is to describe the perceptions of childbearing women living in Tamil Nadu, India. This study can increase cultural understanding and foster cultural competence in nurses caring for Indian women.

Study Design and Methods: Women were invited to share their childbearing experiences. Following institutional review board approval, interviews were held with 22 women who had given birth in the previous 18 months to a viable infant. The women were grateful for the opportunity to share their perspectives with an interested nurse investigator. Data collection proceeded concurrently with data analysis. Themes were generated collaboratively …

Redeeming And Living With Evil, Mark A. Graber

Maryland Law Review

No abstract provided.

Building Picket Fences: Maryland’S Funeral Picketing Law After Snyder V. Phelps, Michael Bakhama

Maryland Law Review

No abstract provided.

Comparative Pragmatism, Rachel Rebouché

Maryland Law Review

No abstract provided.

J.D.B. V. North Carolina: An Appropriate Expansion Of Miranda To Account For Age In Juvenile Interrogations, Hanna M. Sheehan

Maryland Law Review

No abstract provided.

Differential Expression Of Metabolic Genes In Tumor And Stromal Components Of Primary And Metastatic Loci In Pancreatic Adenocarcinoma., Nina V. Chaika, Fang Yu, Vinee Purohit, Kamiya Mehla, Audrey J. Lazenby, Dominick J. Dimaio, Judy M. Anderson, Jen Jen Yeh, Keith R. Johnson, Michael A. Hollingsworth, Pankaj K. Singh

Journal Articles: Eppley Institute

BACKGROUND: Pancreatic cancer is the fourth leading cause of cancer related deaths in the United States with a five-year survival rate of 6%. It is characterized by extremely aggressive tumor growth rate and high incidence of metastasis. One of the most common and profound biochemical phenotypes of animal and human cancer cells is their ability to metabolize glucose at high rates, even under aerobic conditions. However, the contribution of metabolic interrelationships between tumor cells and cells of the surrounding microenvironment to the progression of cancer is not well understood. We evaluated differential expression of metabolic genes and, hence, metabolic pathways …

Gentamicin Rapidly Inhibits Mitochondrial Metabolism In High-Frequency Cochlear Outer Hair Cells, Heather Jensen Smith, Richard Hallworth, Michael G. Nichols

Journal Articles: Eppley Institute

Aminoglycosides (AG), including gentamicin (GM), are the most frequently used antibiotics in the world and are proposed to cause irreversible cochlear damage and hearing loss (HL) in 1/4 of the patients receiving these life-saving drugs. Akin to the results of AG ototoxicity studies, high-frequency, basal turn outer hair cells (OHCs) preferentially succumb to multiple HL pathologies while inner hair cells (IHCs) are much more resilient. To determine if endogenous differences in IHC and OHC mitochondrial metabolism dictate differential sensitivities to AG-induced HL, IHC- and OHC-specific changes in mitochondrial reduced nicotinamide adenine dinucleotide (NADH) fluorescence during acute (1 h) GM treatment …

Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin

Scholarship@WashULaw

This Article seeks to challenge the corporate-constructed image of American business and American industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and the realities of doctrinal corporate law, I hope to examine the ways that we as social actors, legal actors, and (perhaps above all) consumers understand what it means for a corporation or a corporation’s product to be American. In a global economy where labor, profits, and environmental effects are spread across national borders, what does it mean for a corporation to present the impression of national …