Digital Commons Network^™

A Comment On Metzger And Zaring: The Quicksilver Problem, Thomas W. Merrill

Faculty Scholarship

It is a pleasure to comment on the fine institutional studies in this issue by Gillian Metzger and David Zaring. Professor Metzger explores the many ways in which financial regulation, as reflected in the regulatory functions of the Federal Reserve (the Fed), differs from mainstream administrative law, as represented by the Environmental Protection Agency (EPA). She describes the historical roots of the divergence, explains how it has persisted over time, and offers some intriguing thoughts about the possibilities for convergence in the future. Professor Zaring paints a fascinating portrait of the Federal Open Market Committee (FOMC), the entity within the …

Revisiting The Revolution: Reintegrating The Wealth Transmission System, Melanie B. Leslie, Stewart E. Sterk

Articles

Thirty years ago, John Langbein published "The Nonprobate Revolution and the Future of Succession." The article celebrated testators' newfound ability to avoid the expense and delay of the probate court system by holding assets in a variety of non-probate devices, such as retirement and bank accounts with beneficiary designations and revocable trusts. Langbein high-lighted problems the revolution might generate and predicted how they might be resolved. Since then, significant problems have indeed developed. First, wills law doctrines designed to effectuate intent of testators have not been universally extended to non-probate transfers. Second, the fragmentation of the wealth transmission process has …

Judging Statutes, Peter L. Strauss

Faculty Scholarship

Chief Judge Robert Katzmann has written a compelling short book about statutory interpretation. It could set the framework for a two- or three-hour legislation class, supplemented by cases and other readings of the instructor's choosing. Or it might more simply be used as an independent reading assignment as law school begins, to apprise 21st-century law students just how important the interpretation of statutes will prove to be in the profession they are entering, and how unsettled are the judiciary's means of dealing with them. It should be required reading for all who teach in the field.

The Struggle For Administrative Legitimacy, Jeremy K. Kessler

Faculty Scholarship

Nearly forty years ago, Professor James 0. Freedman described the American administrative state as haunted by a "recurrent sense of crisis." "Each generation has tended to define the crisis in its own terms," and "each generation has fashioned solutions responsive to the problems it has perceived." Yet "a strong and persisting challenge to the basic legitimacy of the administrative process" always returns, in a new guise, to trouble the next generation. On this account, the American people remain perennially unconvinced that administrative decisionmaking is "appropriate, proper, and just," entitled to respect and obedience "by virtue of who made the decision" …

Multidimensional Advocacy As Applied: Marriage Equality And Reproductive Rights, Suzanne B. Goldberg

Faculty Scholarship

Talking about marriage equality and reproductive rights advocacy together presents an interesting, and sometimes puzzling, assortment of challenges and opportunities. Both involve efforts to secure legal protections and social recognition that are fundamentally important to those who need them yet also deeply provocative to their opponents. For both, too, advocacy takes place on a shifting terrain shaped by competing views of sexuality, autonomy, equality, personhood, and more.

Yet the two advocacy efforts have experienced very different receptions over time. Just over two decades ago, the Supreme Court expressly affirmed that women have a constitutional right to seek an abortion and …

"Watching To Banish Care": Sleep And Insomnia In Book 1 Of The Faerie Queene, Benjamin Parris

Psychology Faculty Scholarship

No abstract provided.

Commentaire De L'Article 19 De La Convention De Vienne De 1978 Sur La Succession D'État En Matière De Traités: Participation À Des Traités Signés Par L’État Prédécesseur Sous Réserve De Ratification, D’Acceptation Ou D’Approbation, Petros C. Mavroidis, Dr. Vassilis P. Tzevelekos

Faculty Scholarship

Commentary on Article 19 of the Vienna Convention on Succession of States in Respect of Treaties: Participation in Treaties Signed by the Predecessor State Subject to Ratification, Acceptance or Approval

French Abstract: Commentaide de l'article 19 de la Convention de Vienne sur la succession d'État en matière de traités. I. CARACTÉRISTIQUES GÉNÉRALES: 1. Les points épineux: à la recherche de fondements a) L’intention du prédécesseur et l’absence de liens suffisants entre le traité multilatéral signé sous réserve de ratification, d’acceptation ou d’approbation et le territoire b) L’absence d’une pratique étoffée II. LA JUSTIFICATION ET L’UTILITÉ DE L’ARTICLE 19: 1. But …

Conduct Of Business Regulation, Andrew F. Tuch

Scholarship@WashULaw

This chapter provides a survey and comparative analysis of conduct of business (COB) regulation. COB regulation governs financial intermediaries’ conduct toward their clients, that is, toward the actors – whether individuals or institutions – with whom financial intermediaries transact in providing financial products and services. Modal regulatory strategies include anti-fraud rules, and duties of care, loyalty, fair-dealing and best-execution – and variants of these duties.

The chapter describes the justifications for COB regulation, the modal regulatory strategies used and the complex frameworks within which COB regulation operates. It then generally assesses US COB regulation, focusing on the regulation of broker-dealers …

Disclaiming Loyalty: M&A Advisors And Their Engagement Letters, Andrew F. Tuch

Scholarship@WashULaw

Are investment banks fiduciaries of their merger and acquisition clients? If not, what rules, if any, constrain the conflicts of interest M&A advisors may face when advising their clients? These questions are rarely asked but central to the regulation of investment banking activities. In their article Bankers and Chancellors, 93 TEX. L. REV. 1 (2014), Professors William W. Bratton & Michael L. Wachter contend that M&A advisors effectively contract out of fiduciary duties in their client engagement letters, “emerging] in practice as arm’s-length counterparties constrained less by rules of law than by a market for reputation.” They also regard recent …

Resiliency Of Multiple-Placed Foster Youth Experiencing Emotional Competence: A Mixed-Methods Study, Audrey Murph-Brown

Theses and Dissertations

This applied dissertation was designed to address the resilient processes of multiple placed foster youth to develop age-appropriate emotional competence. Adding texture to the study was the role played by race and culture. Inherent to the study were the voices of successful multiple-placed foster youth. The research attempted to respond to gaps in the literature regarding African American and Hispanic youth placed in foster placements that, if better understood, can positively impact the livelihoods of other multiple-placed foster youth. The minor participants, 10 to 17 years old, selected for this study were no longer wards of the state, having been …

The Changing Landscape Of Oral Cavity Cancer: Analysis Of Epidemiological And Genomic Data, Ryan Aronberg

Yale Medicine Thesis Digital Library

Background: Oral cavity squamous cell carcinoma (OCSCC) has been reported to have stagnant survival rates over the last generation. This report represents the first population-based study with a rigorous subsite analysis of OCSCC. Recently, The Cancer Genome Atlas (TCGA) released a broad molecular characterization of Head and Neck Squamous Cell Carcinoma (HNSCC) – however comparative genomics has not yet been performed on individual oral cavity subsites.

Methods: The Surveillance, Epidemiology, and End Results (SEER) database (1988–2010) was used to examine 16,298 adult cases of OCSCC. Trends in tumor subsite, staging, patient demographics, treatment characteristics, and survival over time were examined. …

Counting Uncounted Gunshot Injuries: A Capture‐Recapture Study Of People Minding Their Own Business, Zev Balsen

Yale Medicine Thesis Digital Library

Objectives. To apply a novel statistical method to create a comprehensive estimate of incidence of firearm related injuries.

Methods. A database of firearms injuries in New Haven, Connecticut, during a five- month period was created with records from law enforcement, emergency departments, emergency medical services (EMS), news media, and the medical examiner. The overlap of these various sources was operationalized in a capture-recapture model to generate an estimate of uncounted firearms injuries, and log linear modeling was used to control for positive and negative dependencies.

Results. The combined data sources revealed 49 firearms injuries occurring during the study period within …

Case Finding For Pulmonary Tuberculosis Among People Who Inject Drugs In Dar Es Salaam, Tanzania, Akash Gupta

Yale Medicine Thesis Digital Library

CASE FINDING FOR PULMONARY TUBERCULOSIS AMONG PEOPLE WHO INJECT DRUGS IN DAR ES SALAAM, TANZANIA. Akash Gupta. Jessie Mbwambo. Ibrahim Mteza. Sheela Shenoi. Barrott Lambdin. Cassian Nyandindi. Basra Ismail Doula, Said Mfaume, and Robert Douglas Bruce. Department of Internal Medicine, Yale University, School of Medicine, New Haven, CT.

Active case finding is a World Health Organization (WHO)-endorsed strategy for improving case detection of tuberculosis. Despite WHO recommendations for active case finding among people who inject drugs (PWID), there are few published studies. The historical focus of case finding has been in populations that are HIV-positive, incarcerated, or at higher occupational …

Predictors Of Response In The Multimodal Treatment Of Attention Deficit And Hyperactivity Disorder Trial, Natalie Lastra

Yale Medicine Thesis Digital Library

Baseline clinical characteristics can be used to predict treatment response in children with Attention Deficit and Hyperactivity Disorder (ADHD). This analysis aimed to identify empirically derived subgroups of children with ADHD based on likelihood of response to treatment within the 4 randomly assigned treatment groups of the Multimodal Treatment Study of Children with Attention-Deficit/Hyperactivity Disorder (MTA).

To identify clinical characteristics of predictive value selected data points were utilized for regression and receiver operating curve (ROC) analysis. Response to treatment at 14 months (defined as a 25-30% reduction in standardized score of symptoms obtained from the SNAP scale) for each treatment …

Multimodal Evaluation Of Cerebrospinal Fluid (Csf) Dynamics Following Extradural Decompression For Chiari I Malformation, Jennifer Quon

Yale Medicine Thesis Digital Library

Chiari I malformation is a hindbrain abnormality characterized by tonsillar herniation > 5 mm below the level of the foramen magnum. Extradural decompression is a minimally invasive technique for treating Chiari I that involves a suboccipital craniectomy with removal of the outer dural layer. Other techniques the involve opening of the dura, arachnoid or even manipulation of the cerebellar tonsils have since been the mainstay of treatment, but are associated with a higher complication rate and longer hospital stays. While there is no agreement on which surgical method is optimal, mounting evidence demonstrates that extradural decompression effectively treats clinical symptoms with …

Patients' Experiences Managing Cardiovascular Disease Risk Factors In Prison, Emily Herron Thomas

Yale Medicine Thesis Digital Library

Despite greater risk of cardiovascular disease (CVD) mortality in patients with a history of incarceration, little is known about how prisons manage CVD risk factors (CVR-RF) to mitigate this risk.

We conducted in-depth interviews with men and women with CVD-RF and who had been recently released from prison (n=26). Using a grounded theory approach and applying the constant comparative method, we inductively generated themes about CVD- RF care in prison. Data collection and analysis occurred iteratively to refine and unify emerging themes.

Four themes emerged from patient perspectives: (1) Access to care for chronic conditions is present, yet complicated in …

Student Characteristics Associated With Positive Attitudes Toward Interprofessional Education, Risa Liang Wong

Yale Medicine Thesis Digital Library

Attitudes of health professional students may determine the effectiveness of interprofessional education (IPE). We sought to identify student characteristics associated with more positive attitudes toward IPE by surveying a cohort of medical (M), nursing (N), and physician associate (PA) students first and third year using the Readiness for Interprofessional Learning Scale (RIPLS) and Interdisciplinary Education Perception Scale (IEPS). We collected demographic and experiential information and performed one-way ANOVA, independent and paired t-tests, and multiple linear regression. 110 of 213 students (52%) completed the RIPLS and 106 (50%) completed the IEPS at both time points. Nursing students consistently had the highest …

Employment Law--Hobby Lobby's Narrow Holding Guards Against Discrimination, Cristina Squiers

SMU Law Review

No abstract provided.

Personalized Medicine In The Information Age: Myriad's De Facto Monopoly On Breast Cancer Research, Angela M. Oliver

SMU Law Review

No abstract provided.

An Essay For Professor Alan Bromberg: Removing The Taint From Past Illegal Offers And Sales, Douglas M. Branson

SMU Law Review

No abstract provided.

Publicly-Traded Llcs: The New Kid On The Exchange, Mary Siegel

SMU Law Review

No abstract provided.

Hypertensive Crisis In The Setting Of Non-Compliance, Kimberly L. Barefield, Scott Lancaster

PCOM Scholarly Works

Hypertensive crisis is defined as severe hypertension with a blood pressure of greater than 180/120 mmHg, and may be further classified as urgency or emergency. Hypertensive urgency occurs over days to weeks, whereas hypertensive emergency occurs in hours to days and the patient presents with evidence of end organ damage. Patients of any age may present with hypertensive crisis, common etiologies include undiagnosed hypertension, noncompliance with therapy or inadequate therapy. Timely assessment of the patient is important and should include appropriate measurement of blood pressure, a thorough history and physical, and laboratory testing to evaluate for end organ damage. Antihypertensive …

A Curve Satisfying T/K=S With Constant K>0, Yun Myung Oh, Ye Lim Seo

Faculty Publications

In the present paper, we investigate a space curve in which the curvature is constant and the torsion is a linear function. The aim of this paper is to find an explicit formula for this space curve when the ratio of the torsion to the curvature is a linear function when the curvature is constant.

The Human Footprint Of Our Daily Consumption: Defetishizing Commodities Through New Media, Kelly Mcguire

Research Papers

No abstract provided.

Measurements Of Population Densities Of Metastable And Resonant Levels Of Argon Using Laser Induced Fluorescence, M. Nikolic, J. Newton, C. I. Sukenik, L. Vuskovic, S. Popovic

Physics Faculty Publications

We present a new approach to measure population densities of Ar I metastable and resonant excited states in low temperature Ar plasmas at pressures higher than 1 Torr. This approach combines the time resolved laser induced fluorescence technique with the kinetic model of Ar. The kinetic model of Ar is based on calculating the population rates of metastable and resonant levels by including contributions from the processes that affect population densities of Ar I excited states. In particular, we included collisional quenching processes between atoms in the ground state and excited states, since we are investigating plasma at higher pressures. …

First Measurement Of The Polarization Observable E In The P→ (Ɣ→, Π+) In Reaction Up To 2.25 Gev, S. Strauch, W. J. Briscoe, M. Döring, E. Klempt, V. A. Nikonov, E. Pasyuk, D. Rönchen, A.V. Sarantsev, I. Strakovsky, R. Workman, K. P. Adhikari, D. Adikaram, L. El Fassi

Physics Faculty Publications

First results from the longitudinally polarized frozen-spin target (FROST) program are reported. The double-polarization observable E, for the reaction ɣ^→p^→→π+n, has been measured using a circularly polarized tagged-photon beam, with energies from 0.35 to 2.37 GeV. The final-state pions were detected with the CEBAF Large Acceptance Spectrometer in Hall B at the Thomas Jefferson National Accelerator Facility. These polarization data agree fairly well with previous partial-wave analyses at low photon energies. Over much of the covered energy range, however, significant deviations are observed, particularly in the high-energy region where high-L multipoles contribute. The data have been …

Use Of The Health Belief Model To Understand Hpv Vaccine Behavior In Female Undergraduates, Chu He

Master's Theses and Doctoral Dissertations

Human papillomavirus (HPV) is the most common sexually transmitted infection (STI) in the US and causes several cancers. HPV vaccines can protect individuals against multiple HPV strains that can cause certain cancers. Despite the benefits, 51% of college women have received the HPV vaccine. The purpose of this study was to better understand why women choose to get the HPV vaccine and others do not. An emailed link was sent to 8,889 EMU female undergraduate students. Chi-Square Tests for Independence were used to determine relationships between variables. Data from 1,126 female undergraduates ranging in age from 18 to 26 were …

"A Curious War:" Franklin A.G. Gearing In The Civil War, Richard B. Mccaslin

East Texas Historical Journal

No abstract provided.

Prejudice And Pride: Women Artists And The Public Works Of Art Project In East Texas, 1933-1934, Victoria H. Cummins

East Texas Historical Journal

No abstract provided.

Applications Of Neuroscience In Criminal Law: Legal And Methodological Issues, John B. Meixner Jr.

Scholarly Works

The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially …