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2013

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The Misbegotten Judicial Resistance To The Daubert Revolution, David E. Bernstein Nov 2013

The Misbegotten Judicial Resistance To The Daubert Revolution, David E. Bernstein

Notre Dame Law Review

This Article reviews the history of the evolution of the rules for the admissibility of expert testimony since the 1980s, the revolutionary nature of what ultimately emerged, and the consistent efforts by recalcitrant judges to stop or roll back the changes, even after Rule 702 was amended to explicitly incorporate a strict interpretation of those changes.

Part I reviews the law of expert testimony through the Supreme Court’s Daubert decision. Critics had charged for decades that the adversarial system was a failure with regard to expert testimony. Parties to litigation, they argued, often presented expert testimony of dubious validity because …


Fixed Drug Eruption Associated With Sulfonamides Sold In Latino Grocery Stores — Greater Washington, Dc, Area, 2012–2013, Christine Yang, Audrey Green, Scott A. Norton Nov 2013

Fixed Drug Eruption Associated With Sulfonamides Sold In Latino Grocery Stores — Greater Washington, Dc, Area, 2012–2013, Christine Yang, Audrey Green, Scott A. Norton

Dermatology Faculty Publications

No abstract provided.


Two-Category Place Representations Persist Over Body Rotations, Hyoun Kyoung Pyoun, Jesse Sargent, Stephen Dopkins, John W. Philbeck Nov 2013

Two-Category Place Representations Persist Over Body Rotations, Hyoun Kyoung Pyoun, Jesse Sargent, Stephen Dopkins, John W. Philbeck

Neurological Surgery Faculty Publications

We explored a system that constructs environment-centered frames of reference and coordinates memory for the azimuth of an object in an enclosed space. For one group, we provided two environmental cues (doors): one in the front, and one in the rear. For a second group, we provided two object cues: a front and a rear cue.For a third group, we provided no external cues; we assumed that for this group, their reference frames would be determined by the orthogonal geometry of the floor-and-wall junction that divides a space in half or into multiple territories along the horizontal …


Underrepresented Minorities In Medical School Admissions: Developing A Theoretical Model, Margaret A. Hadinger Edd, Ms Nov 2013

Underrepresented Minorities In Medical School Admissions: Developing A Theoretical Model, Margaret A. Hadinger Edd, Ms

Department of Education

No abstract provided.


Graduate Council Report No. 2013-2014-2, University Of Rhode Island Faculty Senate Nov 2013

Graduate Council Report No. 2013-2014-2, University Of Rhode Island Faculty Senate

Faculty Senate Committee Reports and Appendices

No abstract provided.


Master Workshop On Diagnostic And Statistical Manual Of Mental Disorders Fifth Edition, Nov 1, Ohio University College Of Arts & Sciences Nov 2013

Master Workshop On Diagnostic And Statistical Manual Of Mental Disorders Fifth Edition, Nov 1, Ohio University College Of Arts & Sciences

All Forum Articles

No abstract provided.


Teaching Behavior And Well-Being In Students: Development And Concurrent Validity Of An Instrument To Measure Student-Reported Teaching Behavior, Patrick Pössel, Kathleen Moritz Rudasill, Jill L. Adelson, Annie C. Bjerg, Don T. Wooldridge, Stephanie Winkeljohn Black Nov 2013

Teaching Behavior And Well-Being In Students: Development And Concurrent Validity Of An Instrument To Measure Student-Reported Teaching Behavior, Patrick Pössel, Kathleen Moritz Rudasill, Jill L. Adelson, Annie C. Bjerg, Don T. Wooldridge, Stephanie Winkeljohn Black

Department of Educational Psychology: Faculty Publications

Teaching behavior has important implications for students’ emotional well-being. Multiple models suggest students’ perceptions of teaching behaviors are more critical than other measures for predicting well-being, yet student-report instruments that measure concrete and specific teaching behavior are limited. The purpose of the present studies is to develop an instrument to assess students’ perceptions of concrete and specific teaching behavior and to test which teaching behavior is associated students’ well-being. Construct validity and internal consistency for the 37-item Teaching Behavior Questionnaire (TBQ-S), composed of instructional, negative teaching, socioemotional, and organizational behavior were examined using data from two independent samples (Study 1: …


The Bison, November 1, 2013 Nov 2013

The Bison, November 1, 2013

The Bison Newspapers

No abstract provided.


Paraguay’S Congress Clears Controversial "Privatization" Law, Andrã©S Gaudã­N Nov 2013

Paraguay’S Congress Clears Controversial "Privatization" Law, Andrã©S Gaudã­N

NotiSur

No abstract provided.


Disentangling Demand-Enhancing And Trade-Cost Effects Of Maximum Residue Regulations, Bo Xiong, John Beghin Nov 2013

Disentangling Demand-Enhancing And Trade-Cost Effects Of Maximum Residue Regulations, Bo Xiong, John Beghin

Department of Agricultural Economics: Faculty Publications

Maximum residue levels (MRLs) regulations in plant products can create unnecessary trade barriers on one hand and enhance demand via risk mitigation or quality assurance on the other. We stipulate a generalized gravity equation model to disentangle the effects of MRLs on the import demand and foreign exporters’ supply. Applying the framework to the MRLs on pesticides imposed by high-income OECD countries, we find that the MRLs jointly enhance the import demand and hinder foreign exporters’ supply. In addition, exporters from the less and least developed countries are more constrained by the MRLs than their competitors from the developed world.


Medical And Dental Standardization For Solid Organ Transplant Recipients, Mea A. Weinberg Dmd, Stuart L. Segelnick Dds, Lawrence B. Kay Dds, Vinay Nair Do Nov 2013

Medical And Dental Standardization For Solid Organ Transplant Recipients, Mea A. Weinberg Dmd, Stuart L. Segelnick Dds, Lawrence B. Kay Dds, Vinay Nair Do

Individual Scholarship

Communication between the organ transplant team and dentist is important in formulating individualized care plans to reduce the incidence of pre- and post-transplant complications. Periodontal diseases and other oral infections may present serious risks that could compromise the success of a solid organ transplant. This article reviews why dentistry is an important component of total transplant care while the patient is on the waiting list for a transplant and after the transplantation. Recommendations regarding the care of the organ transplant patient are given.


A Case For Refining The Who Global Strategy On Food Safety: Perspectives From India., Subbarao M Gavaravarapu, Katherine C Smith, Rajiv N Rimal Nov 2013

A Case For Refining The Who Global Strategy On Food Safety: Perspectives From India., Subbarao M Gavaravarapu, Katherine C Smith, Rajiv N Rimal

Prevention and Community Health Faculty Publications

No abstract provided.


Reflections On The Cost Of "Low-Cost" Whole Genome Sequencing: Framing The Health Policy Debate, Timothy Caulfield, Jim Evans, Amy Mcguire, Christopher Mccabe, Tania M. Bubela, Robert Cook-Deegan, Jennifer Fishman, Stuart Hogarth, Fiona A. Miller, Vardit Ravitsky Nov 2013

Reflections On The Cost Of "Low-Cost" Whole Genome Sequencing: Framing The Health Policy Debate, Timothy Caulfield, Jim Evans, Amy Mcguire, Christopher Mccabe, Tania M. Bubela, Robert Cook-Deegan, Jennifer Fishman, Stuart Hogarth, Fiona A. Miller, Vardit Ravitsky

Office of the Provost

The cost of whole genome sequencing is dropping rapidly. There has been a great deal of enthusiasm about the potential for this technological advance to transform clinical care. Given the interest and significant investment in genomics, this seems an ideal time to consider what the evidence tells us about potential benefits and harms, particularly in the context of health care policy. The scale and pace of adoption of this powerful new technology should be driven by clinical need, clinical evidence, and a commitment to put patients at the centre of health care policy.


A Literature Review About Effectiveness Of Massage Therapy For Cancer Pain., Salima Somani, Saima Merchant, Sharifa Bashir Lalani Nov 2013

A Literature Review About Effectiveness Of Massage Therapy For Cancer Pain., Salima Somani, Saima Merchant, Sharifa Bashir Lalani

School of Nursing & Midwifery

This literature review explores the effectiveness of massage therapy to reduce cancer pain. As part of the review, systematic literature search was carried out on various electronic databases and specialised journals. Included are 19 research-based articles and 8 review articles. The review suggests that cancer has become a common health problem in the world and most of the cancer patients are going through intense and unbearable pain. Studies have reported that most of the cancer patients' pain reduced with therapeutic massage. Seventy-three per cent of cancer patients use massage therapy in the USA. Few studies are available in the context …


Contents, Anon Nov 2013

Contents, Anon

Washington Journal of Environmental Law & Policy

No abstract provided.


Making Science Useful In Complex Political And Legal Arenas: A Case For Frontloading Science In Anticipation Of Environmental Changes To Support Natural Resource Laws And Policies, Usha Varanasi Nov 2013

Making Science Useful In Complex Political And Legal Arenas: A Case For Frontloading Science In Anticipation Of Environmental Changes To Support Natural Resource Laws And Policies, Usha Varanasi

Washington Journal of Environmental Law & Policy

In the spirit of fostering interdisciplinary dialogue, the Washington Journal of Environmental Law and Policy is proud to present this Article. Professor Varanasi takes examples from her career as a fisheries scientist for the National Oceanographic and Atmospheric Administration to argue for a new model for ecological disaster planning and response, in which baseline ecosystem data is collected in advance of possible incidents so that decision-makers are empowered to make informed choices from the first stages of disaster response. She concludes by urging sustained and targeted funding for long-term ecosystem data collection to better understand various disasters’ effects on a …


"We Can Lead": Washington State's Efforts To Address Ocean Acidification, Amanda M. Carr Nov 2013

"We Can Lead": Washington State's Efforts To Address Ocean Acidification, Amanda M. Carr

Washington Journal of Environmental Law & Policy

The world’s oceans have become approximately thirty percent more acidic since the Industrial Revolution and are currently acidifying at a rate ten times faster than anything the earth has experienced over the last fifty million years. Washington State is undertaking a groundbreaking effort to address ocean acidification, a global issue that has serious implications for the world’s oceans, marine ecosystems, and the individuals and communities that depend upon the services that they provide. These localized actions, in isolation, will be insufficient to effectively combat and adapt to the acidification of marine waters. While acknowledging this generally accepted premise, Washington has …


Legal Hurdles Faced By Deep Green Buildings: Case Studies And Recommendations, Kathleen O'Brien, Nicole Denamur, Elizabeth Powers Nov 2013

Legal Hurdles Faced By Deep Green Buildings: Case Studies And Recommendations, Kathleen O'Brien, Nicole Denamur, Elizabeth Powers

Washington Journal of Environmental Law & Policy

The recent emphasis on building design, construction, and performance has revealed legal challenges and risks an owner or project team may face when attempting to construct a “deep green” building. The intent of this article is to encourage and facilitate the development of deep green and high performing buildings by reducing perceived and actual risks as well as challenges associated with their development, construction, and operation. This article explores these risks and challenges through a discussion of specific examples from two case study projects located in Seattle, Washington. These examples are arranged in two broad categories: (1) the process of …


Washington Environmental Law Year In Review, Abigail Pearl, Hunter Elenbaas Nov 2013

Washington Environmental Law Year In Review, Abigail Pearl, Hunter Elenbaas

Washington Journal of Environmental Law & Policy

We are proud to present the first installment of the Washington Environmental Law Year in Review. This feature, which will be published annually in the Fall issue, will track significant developments in the environmental laws and regulations of Washington, and present a summary of these changes organized by topic.


A Sinking Ship: Epa Regulation Of The Navy Training Program Sinkex Under The Ocean Dumping Act And The Toxic Substances Control Act, Laura Zippel Nov 2013

A Sinking Ship: Epa Regulation Of The Navy Training Program Sinkex Under The Ocean Dumping Act And The Toxic Substances Control Act, Laura Zippel

Washington Journal of Environmental Law & Policy

The EPA currently regulates the Navy program Sink Exercise (SINKEX) under a permit issued under the Ocean Dumping Act. The Navy regards SINKEX as both a “live fire exercise,” important for the training of sailors in tactics and operations, and as a ship disposal program. Due to the toxic materials used to construct the derelict ships–including PCBs, asbestos, and lead–a case was filed in San Francisco District Court alleging that the EPA is required to regulate and permit SINKEX under the Toxic Substances Control Act (TSCA). This comment addresses the complexities arising from EPA permitting of SINKEX, including a comparison …


Which Company Do I Work For? Organizational Identification In Third Party Organizations, Angela Dawson Nov 2013

Which Company Do I Work For? Organizational Identification In Third Party Organizations, Angela Dawson

College of Communication Theses and Dissertations

Organizational communication influences organizational culture and identity, as well as employee identification with an organization. Even though extant literature on organizational culture, identity, and identification explains how these topics occur and relate within organizations, we know less about how employees develop identification to the culture specifically from the third party companies. The purpose of this study is to explore how a third party organization, “One Corporation,” communicates its organizational culture and identity to its employees and how the messages communicated by “One Corporation” influence employee identification. The researcher utilizes thematic analysis of organizational documents, face-to-face interviews, and participant observation for …


The Banner - V. 148, No. 11 - (November 2013), Christian Reformed Church In North America Nov 2013

The Banner - V. 148, No. 11 - (November 2013), Christian Reformed Church In North America

The Banner

No abstract provided.


Impact Of Climate Change On Human And Ecological Use Of Karst Groundwater Resources: A Case Study From The Southwestern Usa, National Cave And Karst Research Institute Nov 2013

Impact Of Climate Change On Human And Ecological Use Of Karst Groundwater Resources: A Case Study From The Southwestern Usa, National Cave And Karst Research Institute

KIP Articles

Climate change models for the arid southwestern USA predict increasing temperatures and declines in precipitation. These changes will have multiple adverse impacts on water and ecological resources and pose diverse challenges on their management. The San Solomon Spring system of west Texas discharges from the western edge of the karstic Edward-Trinity Plateau Aquifer. It consists of six springs in Jeff Davis and Reeves counties, is one of the largest spring groups in the state, and provides water for agricultural use and habitat to two federally listed endangered species and three species proposed for listing. It serves in this paper as …


Moving The National Park Service Cave And Karst Program Forward - Identifying And Understanding Park Resources, National Cave And Karst Research Institute Nov 2013

Moving The National Park Service Cave And Karst Program Forward - Identifying And Understanding Park Resources, National Cave And Karst Research Institute

KIP Articles

On a national level within the National Park Service (NPS), basic knowledge of cave resources has increased significantly over the last 30 years. With karst resources, while there have been some advances, knowledge of these very complex and hidden resources remain fairly limited. In recent years, NPS park managers have increasingly been working with volunteers and scientists to complete studies including the physical exploration and documentation of cave and karst areas to obtain a better understanding of the resources that they manage. Efforts at the national level within the National Cave and Karst Program are being made to know more …


November 2013, Pope Francis Nov 2013

November 2013, Pope Francis

Marian Thoughts of Pope Francis

No abstract provided.


Understanding And Managing Karst Water Resources In Belize: Case Studies Of Both Past And Present In A Changing Climate, National Cave And Karst Research Institute Nov 2013

Understanding And Managing Karst Water Resources In Belize: Case Studies Of Both Past And Present In A Changing Climate, National Cave And Karst Research Institute

KIP Articles

No abstract provided.


"Pure" Science And "Impure" Influences: The Dsm At A Scientific And Social Crossroads, Rebecca A. Johnson Nov 2013

"Pure" Science And "Impure" Influences: The Dsm At A Scientific And Social Crossroads, Rebecca A. Johnson

DePaul Journal of Health Care Law

No abstract provided.


Ipulse: November 2013, Lynn University Nov 2013

Ipulse: November 2013, Lynn University

Student Newspapers

Issues:

  • November 1, 2013
  • November 4, 2013
  • November 5, 2013
  • November 6, 2013
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  • November 21, 2013


Mapping The Design Process For Urban Ecology Researchers, Alexander J. Felson, Mitchell Pavao-Zuckerman, Tim Carter, Franco Montalto, Bill Shuster, Nikki Springer, Emilie K. Stander, Olyssa Starry Nov 2013

Mapping The Design Process For Urban Ecology Researchers, Alexander J. Felson, Mitchell Pavao-Zuckerman, Tim Carter, Franco Montalto, Bill Shuster, Nikki Springer, Emilie K. Stander, Olyssa Starry

Scholarship and Professional Work - LAS

The integration of research into the design process is an opportunity to build ecologically informed urban design solutions. To date, designers have traditionally relied on environmental consultants to provide the best available science; however, serious gaps in our understanding of urban ecosystems remain. To evaluate ecosystem processes and services for sustainable urban design and to further advance our understanding of social-ecological processes within the urban context, we need to integrate primary research into the urban design process. In this article, we develop a road map for such a synthesis. Supporting our proposals by case studies, we identify strategic entry points …


Tremblings, November 2013, Western Aspen Alliance Nov 2013

Tremblings, November 2013, Western Aspen Alliance

Tremblings

Does Aspen Need Fire?

Douglas Shinneman

It is commonly accepted that aspen needs fire or other stand- replacing disturbance to persist on many landscapes. The prevailing aspen-fire model, in a nutshell, could be stated as follows: After fire, aspen resprouts vigorously, often forming even-aged stands that dominate for decades, as long as browsing animals or other factors don’t impede regeneration. Historically, periodic fire created cycles of aspen and conifer dominance, and produced shifting mosaics of different forest types across landscapes. Too long without fire (e.g., due to fire suppression and moist climate), and conifers extend their dominance, as aging and …