Of Third-Party Bathwater: How to Throw Out the Third-Party Doctrine While Preserving Government\u27s Ability to Use Secret Agents

(Excerpt) In Part I of this Article, I discuss the third-party doctrine, including its history, the types of cases to which it has been applied, and arguments in favor of and against it, with particular focus on Orin Kerr\u27s defense of the doctrine. In Part II, I propose an alternative-and, I think, better-way of dealing with cases typically thought to fall under this doctrine. My proposal, as we will see, rests upon the model for the legal protection of privacy that I have elucidated and defended in prior articles: a model based on our rights to property and contract. Finally, in Part III, I enlist the help of the common law of contract to address an objection to my proposal, in hopes of improving its appeal to the reader

An Empirical Demonstration of the Case-Management Approach to Rehabilitation of Multiply Sensorially Disabled Clients

In one year, five Case Managers provided a wide range of rehabilitation services directly to 133 multiply sensorially disabled clients (the target group) and indirectly to 212 other target clients. The Case Managers encouraged 70 agencies to become interested in, and in some cases to initiate services to, target clients. In addition to providing a considerable amount of direct services, the project staff laid the foundation for continuing improvement in target clients\u27 welfare, by disseminating knowledge other service providers and encouraging them to raise their expectations of rehabilitation outcomes for the target group. Although long-term benefits cannot be assessed in this short period, and although one out of ten clients failed to continue in the project, the overall results justify added implementation of the case-management approach in order to assess further its value in serving the target group

Root Canal Anatomy of Maxillary and Mandibular Teeth

It is a common knowledge that a comprehensive understanding of the complexity of the internal anatomy of teeth is imperative to ensure successful root canal treatment. The significance of canal anatomy has been emphasized by studies demonstrating that variations in canal geometry before cleaning, shaping, and obturation procedures had a greater effect on the outcome than the techniques themselves. In recent years, significant technological advances for imaging teeth, such as CBCT and micro-CT, respectively, have been introduced. Their noninvasive nature allows to perform in vivo anatomical studies using large populations to address the influence of several variables such as ethnicity, aging, gender, and others, on the root canal anatomy, as well as to evaluate, quantitatively and/or qualitatively, specific and fine anatomical features of a tooth group. The purpose of this chapter is to summarize the morphological aspects of the root canal anatomy published in the literature of all groups of teeth and illustrate with three-dimensional images acquired from micro-CT technology.info:eu-repo/semantics/publishedVersio

The effect of dental caries on the human pulp: a correlation of clinical and histopathological observations

Thesis (M.Sc.D.)--Boston University, School of Graduate Dentristry, 1969.Bibliography, colored photographs, tables included.The purpose of this study was initially to devise an easily reproducible method of attaining accurate histologic sections of the dental pulp and its surrounding dentin. Upon accomplishing this, teeth with carles at various depths were examined clinically, extracted, studied histologically, and the resultant pulpal response described. An attempt was then made at correlating clinical findings with histopathologic observations. When caries first penetrates the peripheral dentin, a pulpal response was demonstrated which included a reduction in the odontoblastic layer, a localized inflammatory infiltrate and dilatation of capillaries in the affected area generally, the pulpal response was more severe as the carles penetrated deeper, being most severe upon pulpal exposure. A fairly consistently accurate correlation was shown to exist between clinical and histopathologic findings in carious human teeth, although further study is required to substantiate these observations

Penn Central 2.0: The Takings Implications of Printing Air Rights

A transferable development right or “TDR” refers to the air space above a zoning lot that can be sold to neighboring landowners who seek to build structures that exceed the maximum height permitted by zoning. Until recently, if a developer in Midtown Manhattan required TDRs, he or she needed to acquire them from a landmark building. The city originally intended this scheme to benefit landmark owners, whose properties are regulated from utilizing the full envelope of their air space. However, in 2015 New York City amended its Zoning Resolution to allow developers to build higher in exchange for providing public amenities—without having to purchase TDRs from anyone. This type of “zoning bonus” may significantly impair TDR values. Yet development bonuses often generate needed infrastructure, and whether TDRs merit the same degree of constitutional protection as land remains unclear. This Note engages in the first sustained analysis of TDRs as the principal subject of a regulatory taking by examining whether a regulation that diminishes the value of TDRs, as opposed to the underlying fee estate in land, constitutes a taking. Specifically, this Note uses Grand Central Terminal’s current claim against the City of New York as a lens through which to examine this issue. It then advances a framework by which to analyze the future generation of cases involving the diminution in value of TDRs. This Note concludes that while the position of Grand Central’s owner is not constitutionally protected, viable policy arguments exist for municipalities to provide incentives that support a robust TDR market

Of Third-Party Bathwater: How to Throw Out the Third-Party Doctrine While Preserving Government\u27s Ability to Use Secret Agents

(Excerpt) In Part I of this Article, I discuss the third-party doctrine, including its history, the types of cases to which it has been applied, and arguments in favor of and against it, with particular focus on Orin Kerr\u27s defense of the doctrine. In Part II, I propose an alternative-and, I think, better-way of dealing with cases typically thought to fall under this doctrine. My proposal, as we will see, rests upon the model for the legal protection of privacy that I have elucidated and defended in prior articles: a model based on our rights to property and contract. Finally, in Part III, I enlist the help of the common law of contract to address an objection to my proposal, in hopes of improving its appeal to the reader