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Results for “Fifth Amendment”

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PubMed1991

Rust v. Sullivan.

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Abortion, Induced↗
PubMed2002

A population at risk: civil commitment of substance abusers after Kansas v. Hendricks.

In its 1997 decision, Kansas v. Hendricks, the U.S. Supreme Court radically changed the face of civil commitment. In finding the Kansas Sexually Violent Predators Act constitutional, the Court liberalized the first constitutional requirement for involuntary commitment from "mental illness" to a much broader "mental abnormality" standard, without correspondingly restricting the second requirement of dangerousness. The decision essentially authorizes states to civilly commit a broad range of individuals without sufficient due process protections. This Comment explores the possibilities for expansion of civil commitment in the wake of Hendricks. It argues that the holding was unjustifiably broad, focusing in particular on the potential danger facing substance abusers. In conclusion, it offers several suggestions for mitigating the potential misuse of this dangerous precedent.

Civil Rights↗
PubMed1987

Ughetto v. Acrish.

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Civil Rights↗
PubMed1980

Child health in the workplace: the Supreme Court in Hammer v. Dagenhart (1918).

Exploitation of children in the labor force at the beginning of this century gave rise to a national campaign leading to congressional passage of the Keating-Owen Act in 1916. The act prohibited from interstate commerce goods produced in factories or mines that employed children who either were under fourteen years of age or who were under sixteen years of age and worked more than eight hours a day. Despite its popular support, the Act was declared unconstitutional by the Supreme Court in Hammer v. Dagenhart (1918). The Court's decision involved several major issues: interpretation of the Fifth and Fourteenth Amendments to the Constitution, freedom of contract, police power of the states, and the interstate commerce clause. Review of previous Court decisions suggests that the justices were on less than solid legal ground in reaching their decision. Examination of the historical context of the decision, however, suggests other factors that may have played a more important role than judicial precedents. The debate prompted by Hammer v. Dagenhart has much relevance to such current issues as young agricultural workers, sex discrimination in industry, and the powers of the federal government vis-a-vis states and individual citizens.

Adolescent↗
PubMed1996

Prearraignment forensic evaluations: toward a new policy.

Prearraignment forensic evaluations are forensic psychiatric evaluations performed on a suspect soon after his or her arrest. In the guise of ethics, the committee members who originated this code have imposed apparently personal and political views on all members of respective professional organizations in order to circumvent rulings of the judiciary, including the U.S. Supreme Court. The prohibition against prearraignment evaluations represents a misapplication of physician-as-healer-based medical ethics--in which the core principle is the physician's beneficence to the patient--to the forensic arena, where no physician-patient relationship exists and healing is not the purpose. The ethical code prohibiting prearraignment evaluations reflects misguided paternalism and political bias, as well as being in direct conflict with current law. Whether or not prearraignment evaluations should be permitted is primarily a Fifth and Sixth Constitutional Amendment issue more than a traditional medical-ethical one. Ethics and the law, when both are examined carefully, suggest prearraignment evaluations are proper when performed responsibly.

Adult↗
PubMed2003

Bacterial antibiotic resistance levels in Danish farmland as a result of treatment with pig manure slurry.

Resistance to tetracycline, macrolides and streptomycin was measured for a period of 8 months in soil bacteria obtained from farmland treated with pig manure slurry. This was done by spread plating bacteria on selective media (Luria Bertani (LB) medium supplemented with antibiotics). To account for seasonal variations in numbers of soil bacteria, ratios of resistant bacteria divided by total count on nonselective plates were calculated. Soil samples were collected from four different farms and from a control soil on a fifth farm. The control soil was not amended with animal manure. The occurrence of tetracycline-resistant bacteria was elevated after spread of pig manure slurry but declined throughout the sampling period to a level corresponding to the control soil. Higher load of pig manure slurry yielded higher occurrence of tetracycline resistance after spreading; however, the tetracycline resistance declined to normal occurrence defined by the tetracycline resistance occurrence in the control soil. Concentrations of tetracycline in soil and in pig manure slurry were measured using HPLC. No tetracycline exceeding the detection limit was found in soil samples. Manure slurry concentrations of tetracycline for three of the farms were 42, 81 and 698 microg/l, respectively. For streptomycin and macrolides, only minor variations in resistance levels were detected. Results obtained in this study thus indicate that tetracycline resistance levels in soil are temporarily influenced by the addition of pig manure slurry. The results indicate also that increased amount of pig manure slurry amendment may result in increased levels of tetracycline resistance in the soil.

Agriculture↗
PubMed2005

Management of mine spoil for crop productivity with lignite fly ash and biological amendments.

Long-term field trials using lignite fly ash (LFA) were carried out in rice crops during the period 1996-2000 at Mine I, Neyveli Lignite Corporation, Tamil Nadu. LFA, being alkaline and endowed with an excellent pozzolanic nature, silt loam texture, and plant nutrients, has the potential to improve the texture, fertility, and crop productivity of mine spoil. The rice crops were the first, third, fifth, and sixth crops in rotation. The other crops, such as green gram (second) and sun hemp (fourth), were grown as green manure. For experimental trials, LFA was applied at various dosages (0, 5, 10, 20, 50, 100, and 200 t/ha), with and without press mud (10 t/ha), before cultivation of the first crop. Repeat applications of LFA were made at the same dosages in treatments of up to 50 t/ha (with and without press mud) before cultivation of the third and fifth crops. Press mud, a lightweight organic waste product from the sugar industry, was used as an organic amendment and source of plant nutrients. Also, a recommended dosage of chemical fertilizer, along with gypsum, humic acid, and biofertilizer as supplementing agents, was applied in all the treatments, including control. With one-time and repeat applications of LFA, from 5 to 20 t/ha (with and without press mud), the crop yield (grain and straw) increased significantly (p < 0.05), in the range from 3.0 to 42.0% over the corresponding control. The maximum yield was obtained with repeat applications of 20 t/ha of LFA with press mud in the third crop. The press mud enhanced the yield in the range of 1.5-10.2% with various dosages of LFA. The optimum dosage of LFA was 20 t/ha for both one-time and repeat applications. Repeat applications of LFA at lower dosages of up to 20 t/ha were more effective in increasing the yield than the corresponding one-time applications of up to 20 t/ha and repeat applications at 50 t/ha. One-time and repeat applications of LFA of up to 20 t/ha (with and without press mud), apart from increasing the yield, evinced improvement in the texture and fertility of mine spoil and the nutrient content of crop produce. Furthermore, some increase in the content of trace and heavy metals and the level of gamma-emitters in the mine spoil and crop produce was observed, but well within the permissible limits. The residual effect of LFA on succeeding crops was also encouraging in terms of eco-friendliness. Beyond 20 t/ha of LFA, the crop yield decreased significantly (p < 0.05), as a result of the formation of hardpan in the mine spoil and possibly the higher concentration of soluble salts in the LFA. However, the adverse effects of soluble salts were annulled progressively during the cultivation of succeeding crops. A plausible mechanism for the improved fertility of mine spoil and the carryover or uptake of toxic trace and heavy metals and gamma-emitters in mine spoil and crop produce is also discussed.

Agriculture↗
PubMed1989

Postrecovery experience of disabled-worker beneficiaries.

This study followed a 1972 cohort of newly entitled beneficiaries from January 1, 1981, when they left the Disability Insurance program because of a recovery, to June 1986. This recovery group represents about 11 percent of the cohort of disabled-worker beneficiaries entitled in 1972. Three outcomes or next events were of specific interest: Return to the DI program, death, and attaining age 62 (considered retirement for the purposes of this study). The tendency toward reentitlement and the tendency toward death were modeled and then combined with retirement age to project the percentages of recovered beneficiaries who end the postrecovery period by reentitlement, death, or retirement. About 43 percent of these recovered beneficiaries are expected to become reentitled some time after leaving the program, and 52 percent are expected to reach retirement age before dying or becoming reentitled. Of the 43 percent projected too return to the program, 23 percent are expected to become reentitled within the first 5 years of recovery. The tendency to return to the DI program drops sharply at the fifth year of the postrecovery period. There may be program-based reasons for this pattern. The Social Security Amendments of 1980 may provide incentives to return to the DI program within 5 years. When covariates were examined, the covariate PIA had a strong effect on the reentitlement tendency. For those in the high PIA group ($500 or more), it is projected that 65 percent will return to the DI program. This projection is considerably higher than the 34 percent projection for those in the low PIA group (less than $500). Projected median time to reentitlement is quite different for the two PIA groups. The median time to reentitlement is 10 years for the low PIA group and only 3 years for the high PIA group. The PIA was also important in modeling the death tendency as the next event in the postrecovery period. For those in the low PIA group, death is the next event projected for 3 percent of the individuals; in the high PIA group, the projected proportion is 11 percent. It is suspected that the PIA may be acting as a proxy for the severity of the disabling condition, but this hypothesis cannot be tested with the available data. These descriptions of the reentitlement and death tendencies and the project percentages provide a global picture of the DI program reentitlement process. Further research will continue by comparing this pre-1980's cohort with a later cohort and studying the causal mechanisms underlying the recovery and reentitlement processes.

Adult↗