5,228 research outputs found
Sources of negative tunneling magneto-resistance in multilevel quantum dots with ferromagnetic contacts
We analyze distinct sources of spin-dependent energy level shifts and their
impact on the tunneling magnetoresistance (TMR) of interacting quantum dots
coupled to collinearly polarized ferromagnetic leads. Level shifts due to
virtual charge fluctuations can be quantitatively evaluated within a
diagrammatic representation of our transport theory. The theory is valid for
multilevel quantum dot systems and we exemplarily apply it to carbon nanotube
quantum dots, where we show that the presence of many levels can qualitatively
influence the TMR effect.Comment: 4 pages, 2 figures, supplemental materia
DIE FESTSTELLUNG DER GEGENSEITIGEN INDUKTIVITĂ„T ZWISCHEN DEM BEI DER ERWĂ„RMUNG BENUTZTEN INDUKTOR UND DER EINLAGE
Legal Writing and Academic Support: Timing is Everything
The conventional wisdom is that legal writing and academic support go hand-in-hand. Most law schools assume that struggling students can be reliably identified for academic support through their first-year legal writing course, and that first-year legal writing instructors can fairly easily and effectively provide this support. Indeed, this is the prevailing view in current academic support and legal writing scholarship. Professor Koller\u27s article challenges the conventional wisdom and instead points out several issues that should be considered if a law school relies on the first-year legal writing course as a component of, or in lieu of, an academic support program. First, Professor Koller argues that identifying students who may need academic support through a first-year legal writing course can give many false positives and false negatives due to the unique nature of the course. Second, Professor Koller points out that first-year legal writing courses do not provide built-in academic support, as is frequently assumed. Because the goals and challenges of the first-year course are so significant, there is often little opportunity for a professor to provide meaningful academic support. Finally, Professor Koller argues that the structure of the typical first-year legal writing course can encourage student dependence on faculty support, something that is counter-productive to a law school\u27s academic support efforts. In light of these issues that are presented in the first-year, Professor Koller argues that the best use of a legal writing course in conjunction with academic support is as a vehicle for more advanced academic support in the upper-level curriculum. Professor Koller supports this argument with an illustration of the academic support model in place at the University of Maryland School of Law
Exploitation of the Elite: A Case for Physician Unionization
Our intuition tells us that physicians are elites, and therefore they cannot be exploited. Relying on this intuition, we adopt policies which attempt to provide a health care system that gives first-quality care, at the lowest prices, delivered through a “free-market” system. As the key gatekeepers to health care, physicians are thus caught in the middle. Top-notch American health care costs money and for-profit MCOs must watch their bottom line. Rationing, therefore, is key. The issue is, assuming we have decided that free-market health care is the solution, how much should physicians have to sacrifice in the name of the greater capitalist good? This piece recognizes that physicians have a legitimate claim that in the drive to reform health care should not be overlooked
Not Just One of the Boys: A Post-Feminist Critique of Title IX\u27s Vision for Gender Equity in Sports
Title IX as applied to athletics is a high-profile, controversial public policy effort that has opened up the world of athletics to millions of girls and women. Yet as it is both celebrated for the opportunities it has created for women, and decried as going too far at the expense of men, a reality persists that women do not pursue or remain committed to sport in numbers comparable to men. This Article seeks to explore this phenomenon by moving the discourse beyond the debate over whether women are inherently as interested in sport as men to examine the conception of equality incorporated into Title IX and how this might affect women\u27s interest in participating in sport. In doing so, this Article asserts that it is not at all clear that greater Title IX enforcement alone can serve to stimulate interest in the population of girls and women who do not currently participate in sport. This is because Title IX\u27s anti-discrimination mandate only serves to secure opportunities for females to assimilate into a model for sport—emphasizing elite ability and commercial appeal—which was constructed by and for males. This model, incorporated into Title IX through the requirement that schools must only provide opportunities to female athletes who are interested and have the ability to play varsity-level sport, can in many cases create what this Article describes as an interest paradox, extinguishing the interest of those girls and women who would engage in sport, but are not Willing to assimilate into the current model. While this Article supports the position that greater Title IX enforcement is a worthy goal, it argues that the time has come for a new sport policy that can incorporate fully women\u27s voices in education-based athletics and redefine norms for sport participation so that the benefits of such participation may be enjoyed by a greater population of females
The Obese and the Elite: Using Law to Reclaim School Sports
Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports in general by sending a message that women and girls are entitled to participate on terms equal to men and boys. Statistics amply demonstrate that women’s and girls’ athletic participation rates since Congress passed the statute have increased dramatically. Despite these gains, however, many women and girls, especially those of color and from disadvantaged backgrounds, still do not participate in sports in numbers comparable to males. More broadly, data show that most children do not get nearly enough daily physical activity, and many consider childhood obesity a national crisis. These statistics occur against the backdrop of media attention and social science research persistently highlighting troubling issues with the elite, “win-at-all-costs” model for athletics that predominates in our schools and its effects on children’s ability and willingness to participate in sports.Nevertheless, policy discourse around education-based sports programs focuses almost exclusively on gender discrimination and lack of robust Title IX enforcement. Using the theory of “problem definition,” this article explains the political focus on gender discrimination and Title IX as the primary point of legal intervention in education-based sports and asserts that such a focus is no longer justified. Instead, this article asserts that the time is ripe for a redefinition of the policy problem with education-based sports programs and suggests a pathway for legal reform in an effort to stimulate policy solutions that ultimately will benefit all students
Physician Liability and Managed Care: A Philosophical Perspective
Despite the emergence of managed health care and the resulting dramatic change in the role of the third-party payer in the physician-patient relationship, the liability standards applied to physicians largely have remained unchanged. This has created a tension between physicians\u27 legal and ethical obligations, and the requirements imposed on the physician by managed health care. Specifically, the issue confronts the physician in the context of malpractice liability. Managed Care Organizations impose a significant amount of control over the way physicians practice medicine, often forcing physicians to ration care. Notwithstanding any beneficial cost savings that might result, this approach subjects the physician to the risk of malpractice liability. Current malpractice law enhances this risk, because courts frequently speak of physicians having a duty to resist the pressures of managed care. This presents a significant policy problem, not just for physicians and their patients, but for society at large, as the current legal framework does not further, but in fact undermines, society\u27s overall goal of containing health care costs.
Professor Fine examines the policy problem through a philosophical lens, and maintains that the law\u27s failure to account for the change to a managed care model and the resulting change in the way the physician practices medicine has created a situation that is fundamentally unfair to physicians. More importantly, it is argued that the continued adherence to outdated principles of liability is deficient from a utilitarian perspective, as the current framework hinders society\u27s overall goal of lowering health care costs.
Finally, Professor Fine evaluates proposed solutions to this problem, and concludes that the best approach is one that relies on the medical profession to take the initiative and institute reforms in the way medicine is practiced so that considerations of cost can be responsibly and effectively incorporated into treatment decisions. This would make the standard of care more reflective of the current state of health care, and better promote the goal of cost containment
Government as God: An Update on Federal Intervention in the Treatment of Critically Ill Newborns
Whether a severely impaired or critically ill infant should receive lifesaving, and sometimes extraordinary, medical treatment, or be allowed to die, is hotly debated. The issue initially garnered public attention in 1982, when an infant who was born with Down\u27s Syndrome, “Baby Doe,” was allowed to die from a correctable birth defect. Following this, the federal government took a lead role in determining the fate of critically ill newborns. In the meantime, doctors, philosophers, and others have debated whether federal interference in this area is appropriate.
This essay will bring the reader up to date on the “Baby Doe” issue by summarizing the contours of the debate and explaining the legislation, in the form of amendments to the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (CAPTA), that ultimately resulted from the initial “Baby Doe” controversy. This essay also will add an additional voice to the discussion by criticizing federal intervention in this area on three main grounds. The first ground is that the federal government purports to solve a problem that largely does not exist, and in so doing, it oversimplifies the profound moral questions that surround the issue of whether to aggressively treat a severely impaired newborn. Secondly, federal intervention in this area through the CAPTA Amendments is bad policy because it eliminates parents from the treatment decision. Thirdly, the policy fails on a philosophical level because it does not square with our intuitions. Finally, this essay will highlight a view that is largely missing from the debate on this issue - that of the practicing physicians who work with critically ill, severely impaired newborns and their parents every day. The essay will conclude by briefly suggesting an alternative policy approach, which would presume that parents, in consultation with their doctors, are the appropriate decision-makers in these cases unless circumstances warrant otherwise
The Obese and the Elite: Using Law to Reclaim School Sports
Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports in general by sending a message that women and girls are entitled to participate on terms equal to men and boys. Statistics amply demonstrate that women’s and girls’ athletic participation rates since Congress passed the statute have increased dramatically. Despite these gains, however, many women and girls, especially those of color and from disadvantaged backgrounds, still do not participate in sports in numbers comparable to males. More broadly, data show that most children do not get nearly enough daily physical activity, and many consider childhood obesity a national crisis. These statistics occur against the backdrop of media attention and social science research persistently highlighting troubling issues with the elite, “win-at-all-costs” model for athletics that predominates in our schools and its effects on children’s ability and willingness to participate in sports.Nevertheless, policy discourse around education-based sports programs focuses almost exclusively on gender discrimination and lack of robust Title IX enforcement. Using the theory of “problem definition,” this article explains the political focus on gender discrimination and Title IX as the primary point of legal intervention in education-based sports and asserts that such a focus is no longer justified. Instead, this article asserts that the time is ripe for a redefinition of the policy problem with education-based sports programs and suggests a pathway for legal reform in an effort to stimulate policy solutions that ultimately will benefit all students
Amateur Regulation and the Unmoored United States Olympic and Paralympic Committee
n the wake of the USA Gymnastics sexual abuse scandal and Women’s National Soccer Team’s claim for pay equity, members of Congress have proposed legislation that would reform the United States Olympic and Paralympic Committee (USOPC) through amendments to its governing statute, the Ted Stevens Olympic and Amateur Sports Act. While an important step in the right direction, the proposed reforms fail to address deeper, more urgent questions about the USOPC, the sport National Governing Bodies (NGBs) it recognizes, and the meaning of the Olympic and Amateur Sports Act. This Article explores those issues by explaining that the USOPC’s quasi-governmental nature means it is an amateur regulator—trusted to act in the public interest, consistent with its statutory purpose, but without the structure, funding, and institutional expertise of a federal agency. Drawing from existing scholarly literature on quasi-governmental entities, this Article explains that the USOPC’s status allows it to easily become unmoored from its governing statute’s original purposes and intent. This Article asserts that proposed reforms to the Olympic and Amateur Sports Act must take account of this structure and suggests reforms that will create greater accountability to ensure that the USOPC better meets its statutory purposes and serves the national interest
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