4,056 research outputs found

    The U.S. Border Patrol\u27s Constitutional Erosion in the 100-Mile Zone

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    Supreme Court jurisprudence has established that some established constitutional provisions do not apply at the U.S. border, and protections against governmental privacy incursions are significantly reduced. As such, U.S. Customs and Border Protection (CBP) and the U.S. Border Patrol as an arm of CBP have more authority to search, seize, and detain individuals and property at border crossings than law enforcement agencies would have in other contexts. Justified by reference to the national interest in monitoring and controlling entrants to the country, the doctrine is known as the “border search exception.” However, Border Patrol does not restrict its operations to the U.S. border. Originating in a decades-old federal statute, CBP has the authority to conduct stops and searches within a “reasonable distance” of a border, defined by regulation as 100 miles. This “100-mile zone” has been used for permanent and temporary internal checkpoints and roving stops. The extent to which the agency’s assumed expansive authority within this zone squares with constitutional principles is open to question. This Article will analyze how Fourth Amendment principles should apply to CBP authority inside national borders, including its authority to stop, question, search, and detain individuals. It will analyze the legal problems and risks attendant to an expansion of Border Patrol authority into an area encompassing the residence of about two-thirds of the U.S. population, suggesting an alternative approach that provides both clearer guidelines and more robust protections for civil liberties. Ultimately, Border Patrol activity that occurs beyond the nation’s border should be bound by ordinary constitutional restrictions applicable to all other law enforcement

    A Spouse by Any Other Name

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    This article will investigate current state laws regarding the change of a husband’s name to his wife’s upon marriage. Given that tradition, and often law itself, discourage that practice, the lingering gendered norms that perpetuate the historical tradition will be explored. Components of this article will include a brief historical analysis of the origin of surnames and the law as it has developed on that issue, including an examination of the place of tradition in the law both empirically and normatively. A discussion of the psychological importance of names in the identities of men versus women will be addressed, as will possible justifications for the distinction between the rights of men and women in this regard. Finally, this article will discuss the application of gender discrimination laws and constitutional equal protection doctrine to current laws that provide differing rights and privileges based solely on one’s status as a wife versus a husband

    What Works? A Study of Effective Early Childhood Mental Health Consultation Programs

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    Examines factors that lead to desirable outcomes in mental health consultation programs: solid program infrastructure, highly qualified consultants, and quality support services. Analyzes targeted outcomes, measurements, and intensity of interventions

    The Ottawa ankle rules for the use of diagnostic X-ray in after hours medical centres in New Zealand

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    Aims: The aims of this study were to measure baseline use of Ottawa ankle rules (OAR), validate the OAR and, if appropriate, explore the impact of implementing the Rules on X-ray rates in a primary care, after hours medical centre setting. Methods: General practitioners (GPs) were surveyed to find their awareness of ankle injury guidelines. Data concerning diagnosis and X-ray utilisation were collected prospectively for patients presenting with ankle injuries to two after hours medical centres. The OAR were applied retrospectively, and the sensitivity and specificity of the OAR were compared with GPs’ clinical judgement in ordering X-rays. The outcome measures were X-ray utilisation and diagnosis of fracture. Results: Awareness of the OAR was low. The sensitivity of the OAR for diagnosis of fractures was 100% (95% CI: 75.3 – 100) and the specificity was 47% (95% CI: 40.5 – 54.5). The sensitivity of GPs’ clinical judgement was 100% (95% CI: 75.3 – 100) and the specificity was 37% (95% CI: 30.2 – 44.2). Implementing the OAR would reduce X-ray utilisation by 16% (95% CI: approx 10.8 – 21.3). Conclusions: The OAR are valid in a New Zealand primary care setting. Further implementation of the rules would result in some reduction of X-rays ordered for ankle injuries, but less than the reduction found in previous studies.Accident Compensation Corporation of New ZealandOtago Universit

    The Welfare Effects of Trade in Phytomedicines: A Multi-Disciplinary Analysis of Turmeric Production

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    International trade in medicinal herbal products is growing, while value chains are becoming more complex and governed by a range of public and private standards. There is a debate over the extent to which phytomedicine production can be beneficial for farmers in low and middle income countries. More generally, there are varied views about the extent to which small farmers are disadvantaged by stringent public health and private consumer standards in northern markets for agricultural products. This paper proves a comparative analysis of value chains, using case studies of turmeric production in India. It marries a qualitative investigation of turmeric producing sites in India with an investigation into the chemical quality of various turmeric products. The aim of the paper is to understand the way that varied structure and governance of value chains changes the benefits to both producer and consumer. When production is for the organic northern market, we found evidence of a ‘captive’ value chain, where the lead firm requires strict adherence to conditions of production and processing. Prices for farmers were relatively stable, at a reasonably high level. In contrast, where farmers were producing for local markets, including the major auction at Erode, prices were volatile and farmers bore considerable risk. We found that competition and volatility in the market-based chain can lead to turmeric adulteration and contamination, both intentional and unintentional. Our case study suggests that many small turmeric farmers would find it difficult to meet both public and private health standards, in contrast to some academic literature that argues that public health standards do not discriminate against small farmers. More than this, our study adds to the discussion of the impact of standards, suggesting clear consumer benefits in northern markets. However, there are also indications that only larger and more dynamic farmers can participate in the lucrative phytomedicine trade. As such, our study tentatively supports previous literature suggesting that the application of standards in northern markets lead to increasing farmer differentiation

    Problems With the Interpretation of Mark-Release-Recapture Data in Subterranean Termites (Isoptera: Rhinotermitidae)

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    The Lincoln index (Peterson method) is frequently used to estimate animal population size in mark-release-recapture studies. We tested the accuracy of this method to estimate termite colony size using logs infested with termites that were maintained in the laboratory. Termites were fed paper towels dyed either with 0.05% or 0.1% (w/w) of the dye marker Nile blue and released into their host logs in the laboratory. Following recapture a week later, estimates of termite population size for termites dyed with 0.05% Nile blue, and were approximately 3 times greater for termites dyed with 0.1% Nile blue. Concentrations of 0.1% Nile blue are not used in field studies because they result in higher mortality than 0.05% in laboratory trials. However, our data suggest that greater accuracy may be obtained using the higher dye concentration. The triple-catch method is frequently used in place of the Lincoln index in order to reduce standard errors of the estimate. However, our standard errors were lower than those of many published studies using the triple-catch method. The assumptions governing the efficacy of mark-release-recapture may be violated because of the potential model biases that result from developing marking techniques in the laboratory that are intended for field use

    State Strategies for Integrating Physical and Behavioral Health Services in a Changing Medicaid Environment

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    States across the country are embracing integrated care delivery models as part of their efforts to deliver high-quality, costeffective care to Medicaid beneficiaries with comorbid physical and behavioral health needs. The Medicaid expansion authorized by the Affordable Care Act brings greater import to these efforts, as millions of previously uninsured low-income adults, many at increased risk for behavioral health conditions, gain coverage. State efforts to ensure that Medicaid beneficiaries have access to integrated care, however, are hindered by a fragmented behavioral health system that is administered and regulated by multiple state agencies and levels of government, and by purchasing models that segregate behavioral health services from other Medicaid-covered services. Drawing on a review of the literature and interviews with consumers, providers, payers, and policymakers, this report explores strategies states are deploying to address or eliminate system-level barriers to integrated care for this medically complex and high-cost Medicaid population
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