bluuebunny/crossref_metadata_2025 huggingface dataset:
Editor's Introduction: Understanding Regulatory Enforcement
Authors: KAGAN ROBERT A.
Published: January 2008

This issue of Law & Policy adds to the growing body of empirical case studies of decision‐making and enforcement in regulatory agencies. Summarizing that research, regulatory enforcement styles can be described in terms of two dimensions, one concerning the ways in which regulatory violations are defined and punished, the other concerning outcomes, described in policy‐evaluative terms. In explaining variation in enforcement style, existing studies point to three sets of factors: characteristics of the regulatory “legal design”; features of agencies' “task environment”; and the regulatory “political environment.” Weighting the relative importance of these factors, however, is difficult because of the number and fluidity of variables and the adaptiveness of regulatory agencies.
Variations in Regulatory Enforcement Styles
Authors: HUTTER BRIDGET M.
Published: January 2008

This paper examines intra‐ and inter‐agency variations in the enforcement styles of three regulatory inspectorates in Great Britain. It is argued that the accommodative approach typically associated with regulatory enforcement is not a homogeneous and uniform concept, rather it embraces a range of strategies. These are described and a variety of organisational, social and political factors are considered as explanations of the variations which arise.
Regulating Dismissal from Employment: Administrative and Judicial Procedures in the Netherlands
Authors: KNEGT ROBERT
Published: January 2008

In Dutch law unilateral termination of labour contracts usually is only possible with the prior permission of the Director of the District Labour Office. The functions of this administrative procedure have shifted considerably over time: originally an instrument of labour market policy, it is now predominantly oriented to prevention of dismissal without reasonable grounds. Some critics claim that this shift urges for abolishing this administrative procedure and leaving the matter to the judiciary competent in civil law disputes. Constitutionally sound as this position may be, its consequences would severely threaten realisation of the principle of ‘no dismissal but on reasonable grounds’.

Results of empirical research into the Labour Office procedure and into the Lower Court procedure of “dissolution for important reasons” are presented to found this evaluative conclusion. Attention is paid to the discretion of dismissal officers and to the informal way of handling cases in the Lower Court. As a preliminary dispute processing institution, the Labour Office procedure is in tune with the comparatively large contribution of informal procedures to Dutch justice.
Discretion to Use Rules: Individual Interests and Collective Welfare in School Admissions
Authors: TWEEDIE JACK
Published: January 2008

This article examines the approaches of British education authorities towards school admission decisions. Two models of case‐level decision making in social programs are developed— the individual client orientation which focuses on using discretion to adapt decisions to the needs and choices of particular clients and the collective welfare orientation which emphasizes developing bureaucratic rules and procedures to decide cases efficiently. Education authorities use their discretion about how to decide school admissions to adopt primarily collective welfare approaches. Their emphasis on efficient rules and procedures continue even after parents are given rights of school choice that require an individualized examination of each parent's request. In the conclusion, the persistence of the primarily collective welfare orientations in school admissions is used to examine the pressures towards similar orientations that exist in all social programs.
Local Politics and the Provision of Indigent Defense Counsel*
Authors: WORDEN ALISSA POLLITZ , WORDEN ROBERT E.
Published: January 2008

In this study we examine the decisions of local governments regarding the form and funding of indigent defense programs. We draw theoretical propositions from the literature on state and local policy making, and we test these propositions using data from Georgia. We find that the provision of indigent defense counsel by local governments is influenced by both economic and political factors: by the wealth on which counties can draw for revenue, which produces interjurisdictional disparities; and by the political resources that interested parties can bring to bear on the policy process. These findings add to a growing body of literature that maps the relationships between trial courts and their political environments. The analysis may also have implications for the allocations of functional responsibilities among levels of governments.
Political Environments and Implementation Failures: The Case of Superfund Enforcement*
Authors: BARNETT HAROLD C.
Published: January 2008

The Environmental Protection Agency's Superfund enforcement program is examined to test the hypothesis that change in the political environment contributes to implementation failure. Agency achievements are evaluated under two enforcement strategies: a Burford strategy dominated by the Reagan administration deregulatory agenda and a Ruckelshaus/Thomas strategy that is more in keeping with the Agency's initial pro‐regulatory legislative mandate. The latter strategy is found to be more effective in terms of quantitative and qualitative enforcement outcome measures. This supports the conclusion that the systematic intrusion of deregulatory politics into enforcement strategy formulation contributed to Superfund failure.
Sovereign Immunity in an Economic Theory of Government Behavior
Authors: HAYES MICHAEL N.
Published: January 2008

The Federal Tort Claims Act of 1946 put government on an equal footing in tort law with private individuals. It also provides a very broadly defined immunity for any public function of a discretionary nature. While economists argue that immunity does not minimize social costs, this analysis outlines a theoretically optimal mix of liability and immunity. Discretionary governmental policy must be immune as it establishes principles of government conduct. Tort liability then insures cost‐minimizing policy execution. This theory of state behavior links a number of leading/controversial immunity cases that otherwise exhibit no consistent thought.
“You Better Shop Around”: The Market for Motor Vehicle Inspection
Authors: HEMENWAY DAVID , SOLNICK SARA J.
Published: January 2008

The effectiveness of regulations is reduced by inspector capture. An environment conducive to capture is one in which inspectors must compete for business. This type of competition is found in various regulatory contexts; it is a fundamental characteristic of a decentralized motor vehicle inspection network.

Motor vehicle inspection stations in most localities are numerous, geographically dispersed, private, and hence largely outside the effective purview of state authorities. Motorists can choose their inspection station, and generally prefer quick, superficial and passing inspections. Motor vehicle inspectors therefore tend to be quite lax. Evidence is presented showing that the most lenient ones tend to get more of the inspection business.
Separate versus Equal Treatment Approaches to Parental Leave: Theoretical Issues and Empirical Evidence*
Authors: TRZCINSKI EILEEN
Published: January 2008

This article examines the legal and economic arguments behind the separate versus equal treatment approaches to maternity/parental leave. Three sets of legal arguments that were advanced in the U. S. Supreme Court case California Federal Savings and Loan Association v. Guerra, 1987 are examined. The economic arguments that correspond to each of these legal arguments are then developed, including the arguments of groups who (1) oppose all versions of mandated leave, (2) support mandated parental leave without qualification (the Separate Treatment Approach), and (3) support some, but not all formulations (the Equal Treatment Approach).

Each of these theoretical perspectives generate specific hypotheses regarding the potential compensation and employment effects for women of childbear‐ing age. These hypotheses are tested with data from the Current Population Survey, May 1979 and May 1983. Overall the empirical findings suggest that parental leave legislation can significantly improve the labor market position of women of childbearing age, but all approaches are not equal and some methods may undermine, rather than improve their position.
Legal Ambiguity and the Politics of Compliance: Affirmative Action Officers' Dilemma
Authors: EDELMAN LAUREN B. , PETTERSON STEPHEN , CHAMBLISS ELIZABETH , ERLANGER HOWARD S.
Published: January 2008

Equal employment opportunity and affirmative action mandates, like many other laws regulating organizations, do not clearly define what constitutes compliance. Thus compliance depends largely on the initiative and agenda of those persons within organizations who are charged with managing the compliance effort: in the case of civil rights, “affirmative action officers.” This paper draws on case studies of affirmative action officers to suggest that the political climate within which affirmative action officers work, together with the officers' interpretations of the law, their role conceptions, and their professional aspirations have important implications for the nature and extent of organizational compliance with law. We conclude that compliance should be understood as a process that evolves over time rather than as a discrete event or non‐event.
Freedom of Expression and Choice of Language*
Authors: GREEN LESLIE
Published: January 2008

This paper argues that sound principles of freedom of expression protect an individual's choice of which language to speak. They do so, not to guarantee against mistranslation, but rather to ensure that speakers are able to reach their intended audiences and, more importantly, to allow for the expressive value of speaking a particular language as a symbol of ethnic or political identification. The example of Quebec's Charter of the French Language and the resulting litigation is considered in some detail.
What Is Corporate Crime? It Is Not Illegal Corporate Behavior
Authors: BAUCUS MELISSA S. , DWORKIN TERRY MOREHEAD
Published: January 2008

Corporate misconduct is of increasing concern to society ‐ and researchers. Despite this increased research focus, little is known about the factors that lead to such wrongdoing, the consequences of such behavior, and consequently of meaningful remedies and deterrence measures. A large factor in this information problem is the ambiguity surrounding the definition and use of the terms “corporate crime” and “illegal corporate behavior.” Researchers use them interchangeably despite the fact they are two different phenomena. This article reviews some of the definitions and uses of these terms, and points out the confusion which results. It then discusses major differences between illegal corporate behavior and corporate crime, and the positive implications of treating them separately.
Content, Controversy, and Control: Politics and the Evolution of Antitrust Enforcement
Authors: BRENNAN TIMOTHY
Published: January 2008

Recent history of antitrust enforcement is often explained through the rise in the influence of economic efficiency. This history is better understood as evolution among three enforcement conceptions. Until the mid‐1960s, the emphasis was advocacy, zealous prosecution to produce just outcomes. By the mid‐1970s enforcement practice tended to follow academic standards. The 1980s saw a shift toward a democratic motivation guided by elected officials or appointees. Each conception both possesses philosophical legitimacy and generates rewards to proponents; both are necessary for a conception's adoption and success. We describe this policy evolution, concluding with observations on its merits and reversibility.
Policy Review of Child Abuse and Neglect Reporting Statutes*
Authors: SMALL MARK A.
Published: January 2008

Child abuse and neglect reporting statutes have existed for almost twenty‐five years. Through various revisions, the primary purpose for which these statutes were enacted has remained constant ‐ to protect children. This article reviews the fifty state statutes and related research. Although a number of empirical questions raised by these statutes have been addressed, unfortunately, important policy questions regarding the effect of these statutes on children and families have been largely ignored. Policy recommendations and directions for future research are discussed.
Children Who Witness Woman Battering*
Authors: TOMKINS ALAN J. , STEINMAN MICHAEL , KENNING MARY K. , MOHAMED SOMAIA , AFRANK JAN
Published: January 2008

This article argues that many children who witness their mother's battering are neglected by the child welfare system. Children who witness domestic violence are at risk for significant psychosocial deficits and direct abuse. Fifty‐nine social service professionals from Lincoln, Nebraska, who work with domestic violence were interviewed. Results indicated that while service providers were clinically sensitive to the problems experienced by children who witnessed domestic violence, only one in four stated they would make a report of suspected child abuse to social services based on witnessing alone. Legal and policy issues related to child witnessing are also discussed.
Anatomical Doll Interviews as a Tool in the Investigation of Child Sexual Abuse*
Authors: GEDDIE LANE , DAWSON BRENDA , SUTHERLAND BRADFORD L.
Published: January 2008

This review examined research on anatomical doll interviews with children. Both children suspected or confirmed to have been sexually abused, and nonabused children have been studied. A standardized interview protocol and more normative data continue to be needed, although some headway has been made in determining both common and uncommon behaviors of children with the dolls. Inferences regarding children's behaviors with the dolls must be made very cautiously, given limited research in this area.
Regulatory Risk Management of Psychoactive Substances
Authors: GABLE ROBERT S.
Published: January 2008

Congress and the Drug Enforcement Administration have assigned certain psychoactive substances to one of five schedules, based on assumed or demonstrated abuse potential. Although formidable difficulties exist in assessing the hazards of drug use, some of these assignments do not appear consistent with empirical estimates. This mismatch of assignment and abuse potential ‐possibly due to “radical” political ideology ‐ obscures significant differences in drug effects, and therefore stifles meaningful public participation in evaluating the benefits, risks, and proper use (if any) of available psychoactive substances.
Expert Policy Analysis and Bureaucratic Politics: Searching for the Causes of the 1987 Stock Market Crash
Authors: HEADRICK THOMAS E.
Published: January 2008

Shortly after the 1987 stock market crash four government agencies published studies analyzing the causes of the crash. Their analyses and explanations were at odds with each other. This article explores how weak theory, the methodological variations, and problem definition fed the political orientations of the agencies and shaped the agencies' analyses. Basically it shows how sophisticated policy analysis can serve political and bureaucratic ends.
Ozone Partnerships, the Construction of Regulatory Communities, and the Future of Global Regulatory Power*
Authors: CANAN PENELOPE , REICHMAN NANCY
Published: January 2008

This article describes our effort to understand the Montreal Protocol as an unconventional approach to regulation, one that encourages the construction of volunteer partnerships, episodic networks, and regulatory communities comprised of public and private actors criss‐crossing institutional and national boundaries. We examine three provisions of the Protocol that give official governments and private global corporations latitude to create temporary arrangements that leap beyond their typical institutional constraints. The provisions that promote collaboration are the use of trade sanctions as an incentive to cooperate; the creation of the Interim Multilateral Ozone Fund (IMOF), the funding mechanism that links the fate of developed and developing nations; and, the establishment of an international clearinghouse to share technology for reducing ozone depleting substances. Singly and together these mechanisms of coercion, exchange, and normative pressure permit individual actor's interests to be pursued, bind them into ephemeral but replicable networks of action, and result in the creation of the very meaning of regulatory compliance and effectiveness. The discussion draws out the implications of a transcorporate definition of power and global problem solving as it relates to democratic reliance on the political sovereignty of individual actors and nations.
Business Responses to the Regulation of Health and Safety in England*
Authors: GENN HAZEL
Published: January 2008

The material in this article is extracted from an empirical study of industrial and agricultural businesses' responses to regulation of health and safety in the workplace. The study critically assesses the philosophy of self‐regulation which underpins the regulatory framework in England and within the context of the expectations of employers built into that philosophy, attempts to distinguish between different models of employers in relation to their levels of motivation toward health and safety issues; their knowledge and comprehension of the law; their general approach to compliance with regulations; and their response to inspectors' enforcement activities. The article concludes that self‐regulation is only capable of operating under very narrow conditions. It is at its most successful within the largest and most hazardous companies, despite the fact that the inspectorates devote the greatest concentration of enforcement and advisory resources to these sites. Companies which do not have a natural interest in safety require considerable advice, encouragement and coercion. In some situations deterrent penalties may be required in order to achieve a sustained improvement in standards. The research suggests that greater attention should be paid to the variety of employers and their compliance strategies, and to the potential for better targeting of regulatory efforts.
Theory and Practice of Regulatory Enforcement: Occupational Health and Safety Regulation in British Columbia*
Authors: BROWN RICHARD
Published: January 2008

Data about the activities of occupational health and safety officials in British Columbia is utilized to explore competing explanations for the overwhelming prevalence of persuasion over punishment in regulatory enforcement. By plotting the compliance histories of individual firms, this study demonstrates that many offenders repeatedly commit the same infraction. Few of these repeat offenders are punished. These findings suggest that the very limited use of penalties is not a result of the vast majority of firms being good apples induced to comply by mechanisms of social control other than punishment. Rather, there appears to be institutionalized tolerance of widespread violations. The enforcement deficit may be partly explained by such aspects of regulatory structure as the ongoing relationship between regulated firms and field officers who are the gatekeepers of the penalty process.
Managers as Third‐Party Dispute Handlers in Complaints about Hospitals*
Authors: MULCAHY LINDA , LLOYD‐BOSTOCK SALLY
Published: January 2008

Drawing on a study of 399 hospital complaints entering the National Health Service's formal complaints procedure and twenty‐five interviews with managers who deal with complaints, this paper reviews the nature of the roles played by the managers. Emphasis is placed on the variety of roles they adopt according to the nature of the complaint made, the person complained about, and the implications of the allegations. The managers, viewed as important legal actors in the management of disputes, are also representatives of the organization being complained about. The implications of this are explored in the context of their claims to be able to adopt independent or impartial third‐party dispute resolution roles.
Why Have‐Nots Win in the HIV Litigation Arena: Socio‐Legal Dynamics of Extreme Cases*
Authors: AIKEN JANE HARRIS , MUSHENO MICHAEL
Published: January 2008

This study focuses on “extreme” cases, those in which “have‐nots,” usually people with HIV (PWAs), win HIV‐related disputes in direct contests with “haves.” Using extensive data gathered in the United States, we searched for a socio‐legal explanation of how PWAs have managed to win claims against insurance companies, government agencies, and other institutional plaintiffs. We also looked at judicial preoccupation with PWAs as carriers of contagion. We have observed that PWAs win against haves when: their needs‐based claims attract third parties with strategic interests and independent resources; and when litigators cause decision makers to identify with PWAs and employ proven scientific arguments to defeat fear of their clients' contagion. For example, gay activist lawyers devised such an effective strategy by defining PWAs as persons with disabilities and by extending to them the antidiscrimination protections won earlier by disability rights' lawyers. While this approach brought relief in court for some and secured a less onerous identity for PWAs, its importance is diminishing with the shifting epidemiology of HIV in the United States.
Sacred Deviance and AIDS in a North American Buddhist Community*
Authors: KANE STEPHANIE
Published: January 2008

This essay presents a community AIDS narrative concerning an alleged case of intentional HIV transmission between spiritual teacher and student. Analysis focuses on the relation between legal and popular representation of criminal intent, the denial of AIDS risk, and the neighborhood of belief. In this framework, alternative application of traditional criminal law and HIV‐specific penal statutes are considered as both prosecution strategies and opportunities for public spectacle.
Courts, Criminal Process, and AIDS: The Institutionalization of Culture in Legal Decision Making*
Authors: GREGWARE PETER R.
Published: January 2008

This study views legal process as part of an interactive web of social and cultural relationships. While law may create public policy, its own creation is part of a complex system of institutional deference and subjective behaviors which reflect a larger cultural context. The fears engendered by AIDS help to highlight the underlying cultural biases and patterns of disease scare management ingrained in legal policymaking. These patterns are again enhanced when placed in a criminal context where the resident focus is one of controlling those who precipitate anxiety. Using a method of qualitative comparative analysis, this study concludes that the historical patterns of bias and institutional deference in disease scare management continues in modern criminal court process.
Legal Reasoning and the Separation of Powers: A State‐Level Analysis of Disputes Involving Federal Funds Appropriations*
Authors: SMENTKOWSKI BRIAN
Published: January 2008

This article investigates the influence of judicial decisions on state legislative oversight of federal funds. A systematic analysis of judicial decisions is undertaken in an effort to reveal (a) the extent to which such activity on the part of legislatures is permitted or denied by courts, and (b) the nature of legal reasoning that determines differential outcomes. The analysis reveals, among other things, that there are two divergent paths of law: one upholding the legislative prerogative to exercise the power of the purse, and the other upholding the executive function of governors to act as custodians and executors of federal funds and programs. The delegation of legislative powers to interim committees is likewise investigated.
Environment, Self‐Regulation, and the Chemical Industry: Assessing Responsible Care*
Authors: GUNNINGHAM NEIL
Published: January 2008

This study examines the role of self‐regulation as a strategy for environment protection. In particular it explores the chemical industry's Responsible Care Program. Responsible Care is afar‐reaching and sophisticated self‐regulatory scheme intended to reduce chemical accidents and pollution, to build industry credibility through improved performance and increased communication, and to involve the community in decision making.

The study identifies the collective action problems and other weaknesses of Responsible Care and argues that a more effective approach to environmental regulation of the chemical industry would be tripartite, involving co‐regulation and a range of third party oversight mechanisms.
Ethnicity, Religion and Politics in Applying Israel's Conscription Law*
Authors: HOFNUNG MENACHEM
Published: January 2008

One of the neglected areas in research of civil‐military relations is the perpetual struggle over allocation of manpower resources between the military and other societal sectors. This paper explores the various considerations and the different treatment accorded to various groups and individuals under the universal compulsory conscription law in Israel. The paper evaluates the outcome of applying different rules to the same age groups in relation to three variables: 1) demands of national security, 2) management of intensive national and ideological conflicts within the country, and 3) accommodation of religious‐related norms and social norms in a diversified society. Data presented here show that considerations of national security and of equality before the law are not the only or even the most important considerations taken into account in forming national conscription policy.
Family Poverty and the Exploitation of Child Labor*
Authors: LONGFORD MICHAEL
Published: January 2008

This paper discusses five particular aspects of the problems of child labor and family poverty. First, the forms and extent of the exploitation of child labor are defined. Secondly, family poverty, and the economic, cultural and social factors leading to the exploitation of child labor are explored. In part three, the achievements and difficulties in the implementation of programs to eliminate the exploitation of child labor are examined, followed in part four by some comments about certain international instruments which relate to child labor.

Finally, the paper considers future government and non‐government action at the national, regional and international levels to relieve poverty and eliminate the economic exploitation of children.
Merging and Emerging Systems of Juvenile and Criminal Justice*
Authors: SINGER SIMON I.
Published: January 2008

Merging and emerging systems of juvenile justice are a product of reforms that track juveniles into distinct legal categories. The varying ways of bringing juveniles into the adult legal process are reviewed along with the justifications for waiver. The effectiveness of waiver policies is seen as a technique of managing delinquents rather than reducing rates of recidivism. The policy implications of waiver along with suggestions for research directions are discussed.
Juvenile Transfers to the Criminal Justice System: State of the Art*
Authors: HOWELL JAMES C.
Published: January 2008

This article reviews the research literature on the main mechanisms for transferring juveniles to the criminal justice system: judicial waiver, prosecutorial direct files, and legislative exclusion from juvenile court jurisdiction. The main criteria guiding this review are the extent to which these transfer mechanisms capture serious, violent, and chronic offenders; convict and incarcerate them; and protect the public safety. Most of the research to date focuses on judicial waiver. The article makes an overall assessment of current knowledge and discusses unintended consequences of transferring juveniles to the criminal justice system.
Rethinking the Right to Development: After The Critique of Development, After the Critique of Rights*
Authors: PERRY RICHARD WARREN
Published: January 2008

This article discusses the United Nations' Declaration of the Right to Development in the context of contemporary scholarly critiques both of development discourse and of rights discourse. Highlighting the geo‐spatial dimension of post‐World War II development theory, this article considers whether the recent assertion of an international right to development by leading human rights scholars from Africa and elsewhere may mark the beginning of a local, grassroots hijacking of managerial development discourse.
A New Old Question: Do contextual factors relate to rating behavior: An investigation with peer evaluations
Authors: Tziner Aharon , Murphy Kevin , Cleveland Jeanette N. , Yavo Abigail , Hayoon Einav
Published: January 2008

The personality (dispositional) characteristic of self‐monitoring, beliefs and orientations toward the performance appraisal of 62 peer raters were collected in an attempt to predict peer rating behavior (i.e., mean ratings, rater discrimination, and performance appraisal dimensions discrimination). The beliefs and orientation toward appraisal systems emerged moderately related to rating behavior measures. Specific variables included in the category termed rating context revealed further illuminating effects. Furthermore, the moderating effect of self‐monitoring on the relationship rating the context‐rating behavior of peers was solidly supported. Theoretical interpretations of the results were discussed.
A new species of giant sengi or elephant‐shrew (genus Rhynchocyon) highlights the exceptional biodiversity of the Udzungwa Mountains of Tanzania
Authors: Rovero F. , Rathbun G. B. , Perkin A. , Jones T. , Ribble D. O. , Leonard C. , Mwakisoma R. R. , Doggart N.
Published: January 2008

A new species of sengi, or elephant‐shrew, is described. It was discovered in the northern Udzungwa Mountains of Tanzania in 2005. Sengis (Order Macroscelidea, super‐cohort Afrotheria) include four genera and 15 species of mammals that are endemic to Africa. This discovery is a significant contribution to the systematics of this small order. Based on 49 camera trap images, 40 sightings and five voucher specimens, the new sengi is diurnal and distinguished from the other three species of Rhynchocyon by a grizzled grey face, pale yellow to cream chest and chin, orange‐rufous sides, maroon back and jet‐black lower rump and thighs. The body weight of the new species is about 700 g, which is 25–50% greater than any other giant sengi. The new Rhynchocyon is only known from two populations that cover about 300 km2 of montane forest. It has an estimated density of 50–80 individuals km−2. This discovery has important implications for the conservation of the high biodiversity that is found in the forests of the Eastern Arc Mountains.
Monazite geochronology in central New England: evidence for a fundamental terrane boundary
Authors: SPEAR F. S. , CHENEY J. T. , PYLE J. M. , HARRISON T. M. , LAYNE G.
Published: January 2008

Monazite crystallization ages have been measured in situ using SIMS and EMP analysis of samples from the Bronson Hill anticlinorium in central New England. In west‐central New Hampshire, each major tectonic unit (nappe) displays a distinctive P–T path and metamorphic history that requires significant post‐metamorphic faulting to place them in their current juxtaposition, and monazite ages were determined to constrain the timing of metamorphism and nappe assembly. Monazite ages from the low‐pressure, high‐temperature Fall Mountain nappe range from c. 455 to 355 Ma, and Y zoning indicates that these ages comprise three to four distinct age domains, similar to that found in the overlying Chesham Pond nappe. The underlying Skitchewaug nappe contains monazite ages that range from c. 417 to 307 Ma. 40Ar/39Ar ages indicate rapid cooling of the Chesham Pond and Fall Mountain nappes after 350 Ma, which is believed to represent the time of emplacement of the high‐level Chesham Pond and Fall Mountain nappes onto rocks of the underlying Skitchewaug nappe. Garnet zone rocks from western New Hampshire contain monazite that display a range of ages (c. 430–340 Ma). Both the metamorphic style and monazite ages suggest that the low‐grade belt in western New Hampshire is continuous with the Vermont sequence to the west. Rocks of the Big Staurolite nappe in western New Hampshire contain monazite that crystallized between c. 370 and 290 Ma and the same unit along strike in northern New Hampshire and central Connecticut records ages of c. 257–300 Ma. Conspicuously absent from this nappe are the older age populations that are found in both the overlying nappes and underlying garnet zone rocks. These monazite ages confirm that the metamorphism observed in the Big Staurolite nappe occurred significantly later than that in the units structurally above and below. These data support the hypothesis that the Big Staurolite nappe represents a major tectonic boundary, along which rocks of the New Hampshire metamorphic series were juxtaposed against rocks of the Vermont series during the Alleghanian.
Efficacy of the ketogenic diet in the 6‐Hz seizure test
Authors: Hartman Adam L. , Lyle Megan , Rogawski Michael A. , Gasior Maciej
Published: January 2008

Summary

Purpose: Since the ketogenic diet is effective in drug‐resistant epilepsies, we sought to determine whether it is active in the 6‐Hz seizure test, which identifies agents with a broader spectrum of activity than conventional antiepileptic screening tests.

Methods: Male (3–4 week old) NIH Swiss mice were fed a normal or ketogenic diet ad libitum for 2–21 days. The intensity of the corneal stimulation current required to elicit seizures in the 6‐Hz test was measured. Blood glucose and β‐hydroxybutyrate were measured on the day of seizure testing.

Results: CC50 (current intensity producing seizures in 50% of mice tested) was 50.6 mA and 15 mA in mice fed for 12 days with a ketogenic or normal diet, respectively (p < 0.001). CC50 was elevated in separate experiments after 16, but not 2, 5, and 21 days of ketogenic diet exposure. CC50 values of growing mice fed the normal diet does not differ, indicating CC50 does not vary with mouse weight during a rapid growth phase. β‐Hydroxybutyrate was significantly higher, and glucose was significantly lower in mice fed the ketogenic diet than those fed the normal diet. Blood glucose and β‐hydroxybutyrate levels did not correlate with CC50.

Discussion: The ketogenic diet significantly elevates the seizure threshold in the 6‐Hz test in a time‐specific manner. Protection from seizures in this model was not related to level of ketosis. CC50 was insensitive to body weight in mice fed the normal diet, demonstrating that the 6‐Hz model can assess anticonvulsant regimens where weight is a confounding factor.
Unhealthy Drinking Patterns in Older Adults: Prevalence and Associated Characteristics
Authors: Merrick Elizabeth L. , Horgan Constance M. , Hodgkin Dominic , Garnick Deborah W. , Houghton Susan F. , Panas Lee , Saitz Richard , Blow Frederic C.
Published: January 2008

OBJECTIVES: To examine the prevalence of unhealthy drinking patterns in community‐dwelling older adults and its association with sociodemographic and health characteristics.

DESIGN: Cross‐sectional analysis of nationally representative survey data.

SETTING: The data source was the 2003 Access to Care file of the Medicare Current Beneficiary Survey, which represents the continuously enrolled Medicare population.

PARTICIPANTS: Community‐dwelling Medicare beneficiaries aged 65 and older (N=12,413).

MEASUREMENTS: The prevalence of unhealthy alcohol use by older adults defined in relation to two parameters of recommended limits: monthly use exceeding 30 drinks per typical month and “heavy episodic” drinking of four or more drinks in any single day during a typical month in the previous year. Sociodemographic and health status variables were also included.

RESULTS: Nine percent of elderly Medicare beneficiaries reported unhealthy drinking, with higher prevalence in men (16%) than women (4%). In logistic regression analyses with the full sample, higher education and income; better health status; male sex; younger age; smoking; being white; and being divorced, separated, or single were associated with higher likelihood of unhealthy drinking. Among drinkers, in addition to sociodemographic variables, self‐reported depressive symptoms were positively associated with unhealthy drinking. Among unhealthy drinkers, race and ethnicity variables were associated with likelihood of heavy episodic drinking.

CONCLUSION: Almost one in 10 elderly Medicare beneficiaries report exceeding recommended drinking limits. Several distinct unhealthy drinking patterns were identified and associated with sociodemographic and health characteristics, suggesting the value of additional targeted approaches within the context of universal screening to reduce alcohol misuse by older adults.
The Effect of Obstructive Sleep Apnea on Morbidity and Health Care Utilization of Middle‐Aged and Older Adults
Authors: Tarasiuk Ariel , Greenberg‐Dotan Sari , Simon‐Tuval Tzahit , Oksenberg Arie , Reuveni Haim
Published: January 2008

OBJECTIVES: To determine whether elderly subjects with obstructive sleep apnea (OSA) had different morbidity and health care utilization than elderly subjects without OSA and middle‐aged patients with OSA 2 years before diagnosis.

DESIGN: Case‐control study between January 2001 and April 2003.

SETTING: Two sleep–wake disorders centers.

PARTICIPANTS: One hundred fifty‐eight elderly and 1,166 middle‐aged (aged 67–89 and 40–64, respectively) patients with OSA were matched 1:1 with healthy controls according to age, sex, geographic area, and primary physician.

MEASUREMENTS: Polysomnography, medical diagnoses, and healthcare utilization.

RESULTS: Healthcare costs 2 years before diagnosis were more than 1.8 times as high for elderly and middle‐aged patients with OSA as for controls (P<.001). Expenditures of elderly patients with OSA were 1.9 times as high as for middle‐aged patients with OSA (P<.001). Multiple logistic regression analysis (adjusting for age, body mass index, and apnea hypopnea index) revealed that cardiovascular disease (CVD) (odds ratio (OR)=4.1, 95% confidence interval (CI)=1.8–9.3) and use of psychoactive drugs (OR=3.8, 95% CI=1.5–10.1) are independent determinants for the top‐third most‐costly elderly patients with OSA.

CONCLUSION: Elderly patients with OSA have high healthcare utilization because of CVD morbidity and use of psychoactive medications. Therefore, OSA has clinical significance in elderly people.
Risk Factors for Deep Vein Thrombosis in Older Patients: A Multicenter Study with Systematic Compression Ultrasonography in Postacute Care Facilities in France
Authors: Sellier Elodie , Labarere Jose , Sevestre Marie‐Antoinette , Belmin Joel , Thiel Helene , Couturier Pascal , Bosson Jean‐Luc ,   for the Association pour la Promotion de l'Angiologie Hospitalière
Published: January 2008

OBJECTIVES: To identify risk factors for deep vein thrombosis (DVT) in older patients with restricted mobility or functional disability.

DESIGN: Cross‐sectional.

SETTING: Forty‐two postacute care departments in France.

PARTICIPANTS: Eight hundred twelve patients aged 65 and older.

MEASUREMENTS: Twenty‐two predefined characteristics were investigated, including medical and surgical risk factors, dependence in six basic activities of daily living (ADLs) rated using the Katz index, mobility, the reported value of the Timed Up and Go Test, and pressure ulcers. All patients underwent lower limb ultrasonography on the day of the cross‐sectional study.

RESULTS: DVT was found in 113 patients (14%, 33 proximal DVTs (4%) and 80 isolated distal DVTs (10%)). A positive trend was found in the odds of DVT for higher values on the Timed Up and Go Test for patients who were not bedridden or confined to a chair (P=.007). In two‐level multivariable analysis adjusting for prophylaxis against venous thromboembolism, independent risk factors for DVT were aged 80 and older (adjusted odds ratio (aOR)=1.71, 95% confidence interval (CI)=1.05–2.79), previous history of venous thromboembolism (aOR=2.03, 95% CI=1.06–3.87), regional or metastatic‐stage cancer (aOR=2.71, 95% CI=1.27–5.78), dependence in more than three ADLs (aOR=2.18, 95% CI=1.38–3.45), and pressure ulcers (aOR=1.85, 95% CI=1.05–3.24).

CONCLUSION: Severe dependence in basic ADLs and higher Timed Up and Go Test score are associated with greater odds of DVT in older patients in postacute care facilities in France.
Medical Student Attitudes Toward Older People and Willingness to Consider a Career in Geriatric Medicine
Authors: Hughes Niall J. , Soiza Roy L. , Chua Melvin , Hoyle Graeme E. , MacDonald Allan , Primrose William R. , Gwyn Seymour D.
Published: January 2008

OBJECTIVES: To evaluate the attitudes of first‐ and fourth‐year medical students toward older people and the relationship between these attitudes and possible career choice. To examine the effects of an intensive geriatric medicine (GM) teaching program on these attitudes and career aspirations.

DESIGN: Observational study.

SETTING: University of Aberdeen.

PARTICIPANTS: Medical students.

MEASUREMENTS: In September 2005, first‐year students (n=163) at the start of their undergraduate training completed a questionnaire based on the University of California at Los Angeles Geriatrics Attitudes Scale. Students were asked how likely they were to consider a career in GM in the future on a 5‐point Likert scale. From the beginning of the academic year 2005/06, fourth‐year students completed the same questionnaire before and after an intensive 8‐day GM teaching program.

RESULTS: First‐year medical students had a mean attitude score±standard deviation of 3.69±0.39. A more‐positive attitude increased the likelihood of considering a career in GM (P<.001). Fourth‐year students had better attitude scores than first‐year students (3.86±0.36, P=.002). The GM teaching program did not significantly affect attitude scores but significantly increased the willingness to consider a career in GM by a mean 0.52 points (95% confidence interval=0.35–0.70, P<.001).

CONCLUSION: Attitudes toward older people were better in fourth‐year than first‐year medical students. A more‐positive attitude toward older people increased the likelihood of considering a career in GM. An intensive 8‐day course in GM had no significant effect on attitudes but increased the likelihood of fourth‐year students considering a career in GM.
Higher Levels of Inflammation Factors and Greater Insulin Resistance Are Independently Associated with Higher Heart Rate and Lower Heart Rate Variability in Normoglycemic Older Individuals: The Cardiovascular Health Study
Authors: Stein Phyllis K. , Barzilay Joshua I. , Chaves Paulo H. M. , Traber Jennifer , Domitrovich Peter P. , Heckbert Susan R. , Gottdiener John S.
Published: January 2008

OBJECTIVES: To explore the relationship between (1) insulin resistance and inflammation factors with (2) higher heart rate (HR) and lower heart rate variability (HRV) in normoglycemic older adults.

DESIGN: Cross‐sectional population‐based study.

PARTICIPANTS: Five hundred forty‐five adults aged 65 and older with normoglycemia (fasting glucose <100 mg/dL) who participated in the Cardiovascular Health Study.

MEASUREMENTS: Serum levels of three inflammation proteins (C‐reactive protein (CRP), interleukin 6 (IL‐6), and fibrinogen); insulin resistance, quantified according to the homeostasis assessment model (HOMA‐IR); HR; and four representative measures of HRV (the standard deviation of normal beat to beat intervals (SDNN), the root mean square of successive differences (rMSSD), very low frequency power (VLF), and the low‐ to high‐frequency power ratio (LF/HF)) derived from 24‐hour Holter recordings.

RESULTS: High CRP and IL‐6 levels were associated with higher HR and lower SDNN and VLF after adjustment for multiple covariates, including HOMA‐IR and clinical cardiovascular disease. High IL‐6 was also associated with lower LF/HF. Significant univariate inverse relationships between HOMA‐IR and HR and HRV were also found, but the strengths of these relationships were attenuated after adjustment for inflammation factors.

CONCLUSION: Increased levels of inflammation markers and HOMA‐IR are associated with higher HR and lower HRV. These findings suggest that inflammation may contribute to the pathogenesis of cardiovascular autonomic decline in older adults.
Security Concentration and Active Fund Management: Do Focused Funds Offer Superior Performance?
Authors: Sapp Travis , Yan Xuemin (Sterling)
Published: January 2008

We examine gross fund returns based on the number of securities held and find no evidence that focused funds outperform diversified funds. After deducting expenses, focused funds significantly underperform. Controlling for various fund characteristics, fund performance is positively related to the fund's number of holdings both before and after expenses. We find evidence linking focused fund underperformance to agency and liquidity problems. Finally, the attrition rate of focused funds is higher than that of diversified funds. These results do not support the view that managers holding focused portfolios have superior stock‐picking skills or that focused funds provide value to investors.
Emerging Market Bond Funds: A Comprehensive Analysis
Authors: Polwitoon Sirapat , Tawatnuntachai Oranee
Published: January 2008

We analyze U.S.‐based emerging market bond funds over a ten‐year (1996–2005) complete cycle of ups and downs in the dominant emerging bond markets. Emerging market bond funds outperform comparable domestic and global bond funds. The results are robust across both conditional and unconditional models. The funds also provide international diversification benefits to U.S. and international bond and equity portfolios. The funds exhibit persistence in performance and seasonality. Active funds, large funds and funds with high minimum purchases perform better on a total return basis but not on a risk‐adjusted basis.
Dual Class IPOs ARE Underpriced Less Severely
Authors: Smart Scott B. , Zutter Chad J.
Published: January 2008

We analyze a sample of dual and single class initial public offerings (IPOs) to investigate whether empirical estimates of underpricing determinants are consistent across alternative measures of firm size and alternative techniques intended to account for underwriter price stabilization efforts. We find that results from long‐standing methods for estimating underpricing relations are generally robust to one's choice of size proxy and are consistent with estimates obtained from censored regressions of first‐day returns and from least squares regressions of longer horizon initial returns. We also confirm an existing finding in the literature that dual class IPOs endure less underpricing than do single class firms.