Digital Commons Network^™

Classing Up The Re-Litigation Exception?: Federalism, Injunctions, And Class Actions In Smith V. Bayer Corp., 131 S. Ct. 2368 (2011), Mallori Allen

Southern Illinois University Law Journal

In Smith v. Bayer Corp., 131 S. Ct. 2368 (2011), the Supreme Court held the United States District Court for the District of Minnesota misapplied the re-litigation exception to the Anti-Injunction Act when the district court enjoined the West Virginia state court from considering the class certification issue presented in Smith’s case.  While the Class Action Fairness Act of 2005 (CAFA) had recently been passed, the class action reform was not enacted in time to affect this case.  Nevertheless, Smith provides security to some state court class actions in a post-CAFA atmosphere where state jurisdiction over class actions seems …

Future Of Jobs, Li Peng, Ning Wang, Phei Sunn Sim

Research Collection School of Social Sciences

This article highlights three trends that are disruptingthe job market’s ability to link education, jobs andincomes, examining the implications of these trendsand identifying possible early signposts.

New Land: A Look At Very Large Floating Structures, Li Peng

Research Collection School of Social Sciences

Very large floating structures(VLFS) are large, tethered buoyantstructures on a body of water.Due to land reclamation, heavysea traffic and a narrow strait tothe north which is shared withMalaysia, Singapore has littleterritorial waters to spare. Theseconsiderations will constrainlarge-scale VLFS deployments.

Comparison Of Upper Lip Bite Test With Mallampati Test In The Prediction Of Difficult Intubation At A Tertiary Care Hospital Of Pakistan, Muhammad Asghar Ali, Muhammad Qamar-Ul-Hoda, Khalid Samad

Department of Anaesthesia

Objective: To determine the accuracy of the Upper lip bite test and Mallampati test in predicting difficult endotracheal intubation.Methods: The cross-sectional study was conducted at the Aga Khan University Hospital, a tertiary care facility in Karachi, Pakistan. Between June 1,2007 and May 31, 2008, 324 adult patients undergoing elective surgeries requiring general anaesthesia with endotracheal intubations were enrolled. Pre-operatively upper lip bite test and Mallampati test were performed for the assessment of airway by a specifically trained observer. Laryngoscopic view was rated by using Cormack and Lehane laryngoscopic grading once the patient was fully anaesthetised using standard anaesthesia technique. Completed …

China Vs India: A Democracy Battle, William A. Callahan

Research Collection School of Social Sciences

The last war between Asia's giants erupted in October 1962. Fifty years on the respective works of a Chinese and an Indian intellectual define the shape of their 21st-century contest, says William A Callahan.

Octc2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octd2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octb2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octa2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octf2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octe2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octj2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octk2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octi2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octh2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Octg2012, Robert Kelly

Robert Kelly Manuscripts

From October 2012 Robert Kelly Archive

Disclosure To The Rescue: A Conceptual Framework For Retained Asset Accounts, Maria O'Brien

Faculty Scholarship

RAAs (Retained Asset Accounts) are a life insurance innovation that is likely of small value to most beneficiaries. In many cases, it will make the most financial sense for a beneficiary to write a check to himself for the entire policy proceeds and deposit those funds into an insured bank account. Some beneficiaries, however, may find the RAA device helpful. It is impossible to anticipate the myriad circumstances that beneficiaries may face at the time of an insured's death. As long as insurers provide full and clear disclosure (which ERISA fiduciary standards demand), consumers should remain free to choose an …

Effective Mentoring In Physical Therapy : Approaches For Residency Training, Anne E. O'Donnell

Department of Physical Therapy Student Theses, Dissertations and Capstones

PURPOSE: This study aimed to investigate how physical therapy mentors instill clinical judgment and competence during residency training. The researcher investigated effective mentoring behaviors and techniques in physical therapy residency training. SUBJECTS: Participants included physical therapy residency faculty, physical therapy residents currently enrolled in U.S. residency programs credentialed by the American Physical Therapy Association (APTA), and resident graduates (ie, within the past 2 years) from APTA programs. METHOD: A quantitative survey design was used to gain information about effective mentoring behaviors and techniques of physical therapy residency faculty who foster clinical expertise in physical therapy residents. Two online surveys were …

¡Vamos! How School Leaders Promote Equity And Excellence For Bilingual Students, Martin Scanlan, Francesca A. Lopez

College of Education Faculty Research and Publications

Background: Focusing on culturally and linguistically diverse students, this article presents a narrative synthesis of empirical evidence guiding school leaders to promote educational equity and excellence.

Research Design: This study employs a tripartite theoretical model that emphasizes cultivating language proficiency, providing access to high-quality curriculum, and promoting sociocultural integration. Using this as an organizing framework, the article presents a review of 79 empirical articles published from 2000 to 2010.

Findings: The article explains how school leaders can use research literature to craft effective and integrated service delivery for their culturally and linguistically diverse students.

The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer

Faculty Scholarship

This paper estimates the total cost of patent litigation to alleged infringers. We use a large sample of stock market event studies around the date of lawsuit filings for US public firms from 1984-99. We find that the total costs of litigation are much greater than legal fees and costs are large even for lawsuits that settle. Lawsuits cost alleged infringers about $28.7 million ($92) in the mean and $2.9 million in the median. Moreover, infringement risk rose sharply during the late 1990s to over 14% of R&D spending. Small firms have lower risk relative to R&D.

Patent Infringement In The Context Of Follow-On Biologics, Janet Freilich

Faculty Scholarship

This Article fills a gap in the literature by conducting a comprehensive analysis of patent infringement in the context of follow-on biologics. Patent infringement is an important topic because, like small molecule generic drugs, follow-on biologics are likely to begin their life facing infringement suits. Because it is tremendously expensive to develop a follow-on biologic, it is vital that there be consistency in how they are treated in the courts once the inevitable patent infringement suits arrive. If follow-on biologics companies cannot predict how their product will be received in court, they may decide it is not worth the risk …

North Dakota Monthly Climate Summary: October 2012

North Dakota Monthly Climate Summary

No abstract provided.

Chemical Proteomics-Based Analysis Of Off-Target Binding Profiles For Rosiglitazone And Pioglitazone: Clues For Assessing Potential For Cardiotoxicity, Brian R. Hoffmann, Mohamed F. El-Mansy, Daniel S. Sem, Andrew S. Greene

Chemistry Faculty Research and Publications

Drugs exert desired and undesired effects based on their binding interactions with protein target(s) and off-target(s), providing evidence for drug efficacy and toxicity. Pioglitazone and rosiglitazone possess a common functional core, glitazone, which is considered a privileged scaffold upon which to build a drug selective for a given target—in this case, PPARγ. Herein, we report a retrospective analysis of two variants of the glitazone scaffold, pioglitazone and rosiglitazone, in an effort to identify off-target binding events in the rat heart to explain recently reported cardiovascular risk associated with these drugs. Our results suggest that glitazone has affinity for dehydrogenases, consistent …

Structural, Spectroscopic, And Electrochemical Properties Of Nonheme Fe(Ii)-Hydroquinonate Complexes: Synthetic Models Of Hydroquinone Dioxygenases, Amanda E. Baum, Heaweon Park, Denan Wang, Sergey V. Lindeman, Adam T. Fiedler

Chemistry Faculty Research and Publications

Using the tris(3,5-diphenylpyrazol-1-yl)borate (^Ph2Tp) supporting ligand, a series of mono- and dinuclear ferrous complexes containing hydroquinonate (HQate) ligands have been prepared and structurally characterized with X-ray crystallography. The monoiron(II) complexes serve as faithful mimics of the substrate-bound form of hydroquinone dioxygenases (HQDOs) – a family of nonheme Fe enzymes that catalyze the oxidative cleavage of 1,4-dihydroxybenzene units. Reflecting the variety of HQDO substrates, the synthetic complexes feature both mono- and bidentate HQate ligands. The bidentate HQates cleanly provide five-coordinate, high-spin Fe(II) complexes with the general formula [Fe(^Ph2Tp)(HL^X)] (1X), where HL^X is …

Experimental Documentation Of The Structural Consequences Of Hydrogen-Bonding Interactions To The Proximal Cysteine Of A Cytochrome P450, Piotr J. Mak, Yuting Yang, Sangchoul Im, Lucy A. Waskell, James R. Kincaid

Chemistry Faculty Research and Publications

Resonance Raman spectroscopy is used to document, for the first time, a 6 cm−1 decrease of the Fe-S stretch by introducing an H-bond donor into the proximal pocket of a cytochrome P450, which interacts with the key cysteine thiolate axial ligand. The anticipated trans-effect on bound exogenous ligands is also confirmed and evidence is obtained supporting intimate interaction of the new histidyl-imidazole fragment with the heme periphery.

Health Insurance And Federalism-In-Fact, Radha A. Pathak, Brendan S. Maher

Faculty Scholarship

The constitutional legitimacy of the Patient Protection and Affordable Care Act (“ACA”) received substantial attention. Less examined has been the legislation’s sub-constitutional effect on the regulatory power that states can and might exercise. Regarding a state's ability to promulgate "sickness rules," (those legal rules pertaining to the conditions or treatment an insurance policy covers) and "non-sickness" rules (those legal rules pertaining to insurance other than sickness rules), we scrutinize the ACA itself and contrast it with the other most significant statute governing private health insurance, the Employee Retirement Income Security Act of 1974 (“ERISA”). The authors would like to thank …

Remedios, Heather James

Library Faculty Research and Publications

No abstract provided.

Mandatory Predispute Consumer Arbitration, Structural Bias, And Incentivizing Procedural Safeguards, Nancy A. Welsh

Faculty Scholarship

Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative” dispute resolution procedures. Mandatory predispute arbitration has generated the most controversy because it appears beset with structural bias. The recent cases of AT&T Mobility LLC v. Concepcion and Compucredit Corp. v. Greenwood have raised additional concerns as the Supreme Court has announced that corporations can force consumers to arbitrate their private and statutory claims and give up their rights to pursue class relief. This Article begins by arguing that the Supreme Court’s enthusiastic embrace of mandatory predispute arbitration should be understood primarily …

Performance Isn't Everything: The Importance Of Conceptual Competence In Outcome Assessment Of Experimental Learning, Stefan H. Krieger, Serge A. Martinez

Hofstra Law Faculty Scholarship

This article scrutinizes-and ultimately rejects-the recommendations of the Carnegie Report for outcome assessments in experiential legal education. The Carnegie Report argues that practical education should focus on teaching students to mimic the actions of expert lawyers by encouraging students to follow expert protocols, procedures, rules, and checklists that can enable them to deal effectively with lawyering situations. To the contrary, however, an extensive body of cognitive science and neuroscience research on the development of expertise questions the theoretical underpinnings of the Carnegie Report and suggests that educators should focus not on what experts are doing but on what they are …

Syntheses And Electronic Properties Of Rhodium(Iii) Complexes Bearing A Redox-Active Ligand, Sarath Wanniarachchi, Brendan J Liddle, Brandon Kizer, Jeewantha S. Hewage, Sergey V. Lindeman, James R. Gardinier

Chemistry Faculty Research and Publications

A series of rhodium(III) complexes of the redox-active ligand, H(L = bis(4-methyl-2-(1H-pyrazol-1-yl)phenyl)amido), was prepared, and the electronic properties were studied. Thus, heating an ethanol solution of commercial RhCl3·3H2O with H(L) results in the precipitation of insoluble [H(L)]RhCl3, 1. The reaction of a methanol suspension of [H(L)]RhCl3 with NEt4OH causes ligand deprotonation and affords nearly quantitative yields of the soluble, deep-green, title compound (NEt4)[(L)RhCl3]·H2O, 2·H2O. Complex 2·H2O reacts readily with excess pyridine, triethylphosphine, or pyrazine (pyz) to eliminate NEt4Cl and give charge-neutral complexes trans-(L)RhCl2(py), trans-3, trans-(L)RhCl2(PEt3), trans- 4, or trans-(L)RhCl2(pyz), trans-5, where the incoming Lewis base is trans- to the amido …