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Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging Oct 2001

Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

Law and Contemporary Problems

In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.

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Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes Oct 2001

Too Many Probabilities: Statistical Evidence Of Tort Causation, David W. Barnes

Law and Contemporary Problems

Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.

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The Decline And Fall Of Saint Mary's Of The Barrens: A Case Study In Contraction Of An American Catholic Religious Order - Part One, Richard J. Janet Ph.D. Oct 2001

The Decline And Fall Of Saint Mary's Of The Barrens: A Case Study In Contraction Of An American Catholic Religious Order - Part One, Richard J. Janet Ph.D.

Vincentian Studies

The closing of Saint Mary’s of the Barrens Seminary offers an example of the reaction of religious orders to the Second Vatican Council. In the United States especially, there was conflict between orders’ missions and their members’ individual identity as tied to specific works. Saint Mary’s Seminary formed hundreds of churchmen and provided a “unifying spirit” to apostolates. It closed due to declining enrollment and changes in the American church’s culture. When it did, Vincentians disagreed on what to do with apostolates. Details on the decision to close Saint Mary’s and the apostolates’ fate are provided from surveys and reports.

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Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond Oct 2001

Scientific Ignorance And Reliable Patterns Of Evidence In Toxic Tort Causation: Is There A Need For Liability Reform?, Carl F. Cranor, David A. Eastmond

Law and Contemporary Problems

As a first step to preserving the central aims of tort law, courts will need to recognize the wide variety of respectable, reliable patterns of evidence on which scientists themselves rely for drawing inferences about the toxicity of substances. Courts may also need to take further steps to address the woeful ignorance about the chemical universe. This may necessitate changes in the liability rules.

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The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark Oct 2001

The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark

Law and Contemporary Problems

This article discusses the role of epidemiologic evidence in toxic tort cases, focusing on relative risk. Whether specific causation can be inferred if a relative risk is above 2.0 is discussed. The object is to explore the scientific logic behind intuitions of relative risk.

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Scientific Models Of Human Health Risk Analysis In Legal And Policy Decisions, Douglas Crawford-Brown Oct 2001

Scientific Models Of Human Health Risk Analysis In Legal And Policy Decisions, Douglas Crawford-Brown

Law and Contemporary Problems

The quality of scientific predictions of risk in the courtroom and policy arena rests in large measure on how the two differences between normal practice and the legal/policy practice of science are reconciled. This article considers a variety of issues that arise in reconciling these differences, and the problems that remain with scientific estimates of risk when these are used in decisions.

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Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress Oct 2001

Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress

Law and Contemporary Problems

This article briefly describes the normative/nonnormative distinction, and how one might invoke this distinction to locate a nonnormative dimension of actual causation. After briefly introducing Richard Wright's concept of a necessary element in a set of conditions for an effect, the article notes ambiguities in the critical concepts of necessity and sufficiency that he deploys. The article suggests the most plausible interpretation of Wright's use of different modal concepts.

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The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks Oct 2001

The Admissibility Of Differential Diagnosis Testimony To Prove Causation In Toxic Tort Cases: The Interplay Of Adjective And Substantive Law, Joseph Sanders, Julie Machal-Fulks

Law and Contemporary Problems

This article uses the differential diagnosis opinions to explore a pair of interrelationships. The basic causal framework employed by most courts in toxic tort cases is presented. A key to understanding the developing case law in this area is to appreciate the degree to which the courts have adopted the interpretive conventions of science in assessing admissibility.

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Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley Oct 2001

Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley

Law and Contemporary Problems

The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.

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Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley Oct 2001

Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley

Law and Contemporary Problems

This article presents empirical evidence of the ways people compare judgments of liability with judgments of causation and contribution. Specifically, the article reports the results of experiments designed to show whether people regard causation and enablement as necessary elements of liability.

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Rationalism And Empiricism In Modern Medicine, Warren Newton Oct 2001

Rationalism And Empiricism In Modern Medicine, Warren Newton

Law and Contemporary Problems

The roots of rationalism and empiricism in the Hippocratic tradition are explored. The triumph of the rationalists in the founding of modern medicine is emphasized. The development of clinical epidemiology and the evidence-based medicine over the last 30 years is described. The tension illuminates fundamental clinical and policy questions that doctors, the health care system, and the legal system confront today.

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Attack On America: The Consequences - Y2k Blueprint Helps Banks Coordinate Intervention, Greg Ip, David Wessel, Jim Vandehei, Jacob M. Schlesinger Sep 2001

Attack On America: The Consequences - Y2k Blueprint Helps Banks Coordinate Intervention, Greg Ip, David Wessel, Jim Vandehei, Jacob M. Schlesinger

Documents

No abstract provided.

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Economic Front: How Policy Makers Regrouped To Defend The Financial System, Greg Ip, Jim Vandehei Sep 2001

Economic Front: How Policy Makers Regrouped To Defend The Financial System, Greg Ip, Jim Vandehei

Documents

No abstract provided.

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The United States’ Indispensability In Indian Land Claims: The Proper Application Of Provident Tradesmens, Aaron L. Pawlitz Sep 2001

The United States’ Indispensability In Indian Land Claims: The Proper Application Of Provident Tradesmens, Aaron L. Pawlitz

Saint Louis University Law Journal

No abstract provided.

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The Depression Of 1893, David Whitten Aug 2001

The Depression Of 1893, David Whitten

Documents

No abstract provided.

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Journal Of Cave And Karst Studies, Volume 63, No. 2, August 2001, Table Of Contents, National Speleological Society Aug 2001

Journal Of Cave And Karst Studies, Volume 63, No. 2, August 2001, Table Of Contents, National Speleological Society

KIP Articles

No abstract provided.

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Economy And 'New Economy' In The United States And Germany, Phillip J. Bryson Jul 2001

Economy And 'New Economy' In The United States And Germany, Phillip J. Bryson

Faculty Publications

The expression "New Economy" is used inconsistently. This Article review the driving forces of the US boom of the 1990s, examining the changes introduced in the period and before, focusing on the IT sector and new technologies. The "New Economy" is not just the new sectors, but changes in the overall economy emanating from them. These changes will not evaporate in an economic slowdown. Comparisons of the USA with Germany and Europe illustrate that the "New Economy" will also continue to develop there on the foundations already laid.

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Trends. Of Missile Defense And Defense By Metaphor, Ibpp Editor Jun 2001

Trends. Of Missile Defense And Defense By Metaphor, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the use of metaphor in public discourse, using the ABM Treaty and missile defense issues between Russian and the United States as context.

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Trends. The United States, People's Republic Of China, And Apologies: Not Only Mind Games, Ibpp Editor Apr 2001

Trends. The United States, People's Republic Of China, And Apologies: Not Only Mind Games, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the meaningufulness of an official apology in the context of the United States - China(PRC) diplomatic relations.

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Southeast Asia Air Combat Data, Tom Smith Apr 2001

Southeast Asia Air Combat Data, Tom Smith

The Journal of Conventional Weapons Destruction

The Defense Security Cooperation Agency's Tom Smith details the United State's efforts to create an informational and relational database for mine/UXO identification in Southeast Asia and its importance in targeting landmines.

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Litter Breakdown In Mountain Streams Affected By Mine Drainage: Biotic Mediation Of Abiotic Controls, Dev Niyogi, William M. Lewis Jr., Diane M. Mcknight Apr 2001

Litter Breakdown In Mountain Streams Affected By Mine Drainage: Biotic Mediation Of Abiotic Controls, Dev Niyogi, William M. Lewis Jr., Diane M. Mcknight

Biological Sciences Faculty Research & Creative Works

Breakdown of plant litter in streams was studied as an example of a major ecological process subject to change through multiple stresses associated with mine drainage. Rates of litter breakdown were measured at 27 sites in streams of the Rocky Mountains of Colorado, USA. Eight of the sites were pristine, and 19 were affected to varying degrees by mine drainage. The pH, concentrations of dissolved zinc, and deposition rates of metal oxides were measured in each stream. Rates of litter breakdown were estimated from changes in mass of willow leaves in litterbags. Biomass of shredding invertebrates in litterbags was monitored …

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Journal Of Cave And Karst Studies, Volume 63, No. 1, April 2001, Table Of Contents, National Speleological Society Apr 2001

Journal Of Cave And Karst Studies, Volume 63, No. 1, April 2001, Table Of Contents, National Speleological Society

KIP Articles

No abstract provided.

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Testing The Limits: Alcohol & Drug Testing For Offshore Employees, Brian Johnston, Tara Erskine Apr 2001

Testing The Limits: Alcohol & Drug Testing For Offshore Employees, Brian Johnston, Tara Erskine

Dalhousie Law Journal

The legal limits of drug and alcohol testing by employers in the Atlantic Canada offshore are not yet entirely clear. To shed light on where these limits may lie, the authors examine the relevant law in the United Kingdom and the United States, together with the law on testing in Canada generally and the applicable provisions of the Accord Acts.

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Postcards From The Past: Mount Saint Vincent Apr 2001

Postcards From The Past: Mount Saint Vincent

Vincentian Studies

The history of Mount Saint Vincent, the Sisters of Charity of New York’s motherhouse and academy (later a college), is accompanied by six images.

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Barrens Memoir By John Timon, C.M. (1861), John Timon C.M., John E. Rybolt C.M., Ph.D. Apr 2001

Barrens Memoir By John Timon, C.M. (1861), John Timon C.M., John E. Rybolt C.M., Ph.D.

Vincentian Studies

John Timon gives his account of Congregation’s development in the United States from the mission’s beginning until 1847. The narrative is largely focused on Timon’s own work and ends when he becomes bishop of Buffalo, New York. He recounts the growth of the foundation at the Barrens, his mission trips with Jean-Marie Odin in the surrounding area, and their 1824 trip through Arkansas. He recalls many conversions, including those of condemned men, his successful public defenses of Catholicism against anti-Catholic Protestant ministers, and the acquisition of the Congregation’s property and foundation of the parish in Cape Girardeau, Missouri. Much attention …

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A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza Apr 2001

A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza

Dalhousie Law Journal

Forum selection, choice of law and arbitration clauses are of great significance in offshore contracts, where disputes may arise in locations far removed from the fora identified in those contracts. In this article, the author provides an examination of the enforceability of these clauses in the United States, together with an explanation of the operation of the doctrine of forum non conveniens in that country.

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The Death Penalty, Mandatory Prison Sentences, And The Eighth Amendment's Rule Against Cruel And Unusual Punishments, Jamie Cameron Apr 2001

The Death Penalty, Mandatory Prison Sentences, And The Eighth Amendment's Rule Against Cruel And Unusual Punishments, Jamie Cameron

Osgoode Hall Law Journal

The text of section 12 of the Canadian Charter of Rights and Freedoms and the Eighth Amendment to the United States Constitution prohibit cruel and unusual punishment in language that is similar but not identical. Still, in considering constitutional restrictions on punishment, the deviations of the Supreme Court both focus on the concept of gross disproportionality between the offence committed and the state’s response. Despite the appearance of similarity, this article maintains that differences in the American law of sentencing explain why Canada ought not follow or adopt the United States approach to minimum sentences.

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Sentencing In The States: The Good, The Bad, And The Ugly, Julie Stewart Apr 2001

Sentencing In The States: The Good, The Bad, And The Ugly, Julie Stewart

Osgoode Hall Law Journal

Mandatory sentencing laws are responsible for the booming prison population in the United States. They are applied most frequently to crimes involving drugs and mandate harsh penalties of five, ten, twenty years or more behind bars for crimes involving no violence. Julie Stewart, President of the Families Against Mandatory Minimums Foundation (FAMM) and the sister of a marijuana user who spent five years in a federal prison, describes the unfairness of America’s sentencing policies, with a particular emphasis on the application of mandatory minimum sentences to drug-related convictions. These laws have led to a marked increase in the number of …

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Recent Findings In The Economics Of Education Reform And Prospective Work At The Jim Self Center On The Future, 2001 March, Anthony J. Jones Mar 2001

Recent Findings In The Economics Of Education Reform And Prospective Work At The Jim Self Center On The Future, 2001 March, Anthony J. Jones

Publications

No abstract provided.

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Taking Account Of The World As It Will Be: The Shifting Course Of U.S. Encryption Policy, Tricia E. Black Mar 2001

Taking Account Of The World As It Will Be: The Shifting Course Of U.S. Encryption Policy, Tricia E. Black

Federal Communications Law Journal

Encryption, understood on a basic level as the process of scrambling information to disguise its content, has been a topic of intense debate over the past decade because of Internet growth and well-founded concerns about online security. The encryption debate centers on striking an appropriate balance between national security concerns and the potential prosperity of the high-tech industry. The Clinton Administration played an important role in relaxing U.S. encryption policy. This Note argues that the dramatic shift in encryption policy resulted from a recognition of how the world will be in the digital age, and that strong, unregulated encryption technology …

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