Digital Commons Network^™

The Historical Evolution Of The Methodology For Quantifying Federal Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely

Articles

From the earliest days of their relationship with the United States, the tribes from the region today referred to as the Northwestern United States have been steadfast in their effort to protect the land, waters, plants, and animals of their traditional homelands. That effort is not coincidental; North America's indigenous people have a singular relationship to the environment they have been a part of for millennia. In particular, they have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual sustenance. As a result, through litigation, restoration, and conservation management, tribes have focused on maintaining …

Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely

Articles

The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millennia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish habitat pursuant to the Winters Doctrine, which holds that the federal government impliedly reserved water rights for tribes when reservations were created. Recently, the methodology for quantifying these rights has been the Instream Flow Incremental Methodology (IFIM) and/or one of its major components, the Physical Habitat Simulation Model (PHABSIM). These models …

Leading Through Collaboration: A Tribute To Distinguished Professor Barbara Cosens, Dylan R. Hedden-Nicely

Articles

No abstract provided.

Identity: Obstacles And Openings, Osamudia R. James

Articles

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward "identity politics," the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.

Monitoring The Biochemical Changes Occuring To Human Keratinocytes Exposed To Solar Radiation By Raman Spectroscopy, Ulises Lopez-Gonzalez, Alan Casey, Hugh Byrne

Articles

Solar radiation exposure is recognised to be a significant contributor to the development of skin cancer. Monitoring the simultaneous and consecutive mechanisms of interaction could provide a greater understanding of the process of photocarcinogenesis. This work presents an analysis of the biochemical and morphological changes occurring to immortalised human epithelial keratinocyte (HaCaT) cell cultures exposed to simulated solar radiation (SSR). Cell viability was monitored with the aid of the Alamar Blue assay, morphological examination was done with haematoxylin and eosin staining (H&E) and changes to the biochemical constituents (nucleic acids and proteins) as a result of the radiation insult were …

The Contemporary Methodology For Quantifying Reserved Instream Flow Water Rights To Support Aquatic Habitat, Dylan R. Hedden-Nicely

Articles

Since time immemorial, indigenous people have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual needs. Accordingly, tribal people-particularly those in the region now called the Northwestern United States-placed singular emphasis on preserving their traditional subsistence culture when negotiating with the United States during the reservation era. Although rarely expressed in these treaties, the tribes are nonetheless entitled to water rights sufficient to fulfill these traditional subsistence treaty rights. Of the suite of water rights to maintain traditional uses of water, likely the most commonly claimed is for water to maintain fish habitat. A …

Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren

Articles

An agency's culture shapes its lawmaking. Under certain conditions, agency culture dominates decision-making so strongly that it mutes the influence of those factors that administrative law scholars have traditionally focused on including presidential will, judicial oversight, internal resistance, and public opinion. We call this undertheorized phenomenon "zealous administration." The immigration enforcement bureaucracy has vast discretion to remove unauthorized immigrants from the United States. Current immigration policies-such as indiscriminate deportation, family separation, and harsh detention-represent the most prominent example of zealous administration in the federal government. This Article focuses on that bureaucracy to plumb the causes and effects of zealous administration …

Constitutionalism In Unexpected Places, Farah Peterson

Articles

No abstract provided.

On The Chirp Function, The Chirplet Transform And The Optimal Communication Of Information, Jonathan Blackledge

Articles

—The purpose of this extended paper is to provide a review of the chirp function and the chirplet transform and to investigate the application of chirplet modulation for digital communications, in particular, the transmission of binary strings. The significance of the chirp function in the solution to a range of fundamental problems in physics is revisited to provide a background to the case and to present the context in which the chirp function plays a central role, the material presented being designed to show a variety of problems with solutions and applications that are characterized by a chirp function in …

Employing A Visual Representation Technique To Understand Undergraduates’ Perceptions Of Civic Engagement Across Countries, Sharon Feeney, John Hogan

Articles

Purpose – This paper aims to present an interpretation of freehand drawings produced by a sample of final year degree level learners in response to the question: “What is civic engagement”? The aim in using this approach, with final year degree learners from different countries, but pursuing the same degree, was to compare and contrast their understanding of civic engagement.

Design/methodology/approach – Learners completed their drawings and then discussed their drawings in small groups. All of their drawings were initially examined quantitatively before a sample of six drawings were selected for in-depth qualitative examination.

Findings – Using learner-generated drawings enables …

Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely

Articles

Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge …

Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens

Articles

In the twenty-first century, our planet is facing a period of rapid and fundamental change resulting from human domination so extensive it is expected to be visible in the geologic record. The accelerating rate of change compounds the global social-ecological challenges already deemed "wicked" due to conflicting goals and scientific uncertainty. Understanding how connected natural and human systems respond to change is essential to understanding the governance required to navigate these modern wicked problems. This Article views change through the lens of complexity and resilience theories to inform the challenges of governance in a world dominated by such massive and …

Beyond Abercrombie And Heffernan: Toward A Uniform Approach To Discrimination And Retaliation Claims Based On Misperception Theory In The Employment Context, John E. Rumel

Articles

No abstract provided.

Latin American Cinema, Mirna Vohnsen

Articles

Although studies of Argentine, Mexican and Cuban cinema continue to dominate the Latin American film scholarship, in the past two years, there has been increasing interest in examining the minor cinemas of the region. The expanding local film industries, the new technical trends and the increase in cinematic productions across all Latin America have captured the attention of academics and critics who have devoted their research to explore the lesser-known films of, for example, Uruguay, Colombia and Central America

Confidentiality In The Courts: Privacy Protection Or Prior Restraint?, Sergio J. Campos

Articles

In civil litigation courts often deal with information that is subject to a previously imposed restraint on the ability of a court or others to use the information. Such “evidentiary prior restraints” arise most prominently in settlement agreements, which may include nondisclosure provisions that prevent information concerning the settlement from being used by parties to the agreement. But evidentiary prior restraints can also arise from prior court action, as when parties seek information subject to a protective order or sealing order made by a different court. Although evidentiary prior restraints have received great attention given recent controversies concerning sexual harassment, …

Joint Employment: The Unintended And Unpredictable "Employment" Relationship, Richard Epstein, Timothy Tymkovich, Phillip Miscimarra, Richard Griffin, Pepper Crutcher

Articles

No abstract provided.

The Double Movement Of National Origin Discrimination, Aziz Huq

Articles

No abstract provided.

Equality's Understudies, Aziz Huq

Articles

No abstract provided.

Is Police Behavior Getting Worse? Data Selection And The Measurement Of Policing Harms, Aurélie Ouss, John Rappoport

Articles

Public concern about harmful policing is surging. Governments are paying historic amounts for law enforcement liability. Has police behavior changed? Or is society responding differently? Traditional data sources struggle with this question. Common metrics conflate the prevalence and severity of policing harms with the responses of legal actors such as lawyers, judges, and juries. We overcome this problem using a new data source: liability insurance claims. Our data set contains 23 years of claims against roughly 350 law enforcement agencies that contract with a single insurer. We find that, while lawsuits and payouts have trended upward over the past decade, …

A Unified Approach To Erie Analysis For Federal Statutes, Rules, And Common Law, Allan Erbsen

Articles

No abstract provided.

Diploma Privilege And The Constitution, Carol Chomsky

Articles

No abstract provided.

Race, Rights And The Representation Of Children, Barry Feld

Articles

No abstract provided.

Separate Judicial Speech, Neha Jain

Articles

No abstract provided.

The Intersectionality Of Age And Gender On The Bench: Are Younger Female Judges Harsher With Serious Crimes?, Francis Shen

Articles

No abstract provided.

Creating Bespoke Note By Note Dishes And Drinks Inspired By Traditional Foods, Roisin Burke, Pauline Danaher, David Hurley

Articles

No abstract provided.

Killing Wotus 2015: Why Three Rulemakings May Not Be Enough, Stephen M. Johnson

Articles

This Article will discuss the procedural and substantive flaws in the three rulemaking efforts by the agencies. One or more of the rules (or the 2015 rule) will likely be litigated for the next several years and, ultimately, it is likely that the question of the scope of the federal government’s jurisdiction over “waters of the United States” will return to the Supreme Court. However, since challenges to those rules must originate in Federal district courts, it could take some time before the question returns to the Court.

Part II of this Article discusses the 2015 rule, including the motivation …

A Chronic Strain Of The Cystic Fibrosis Pathogen Pandoraeapulmonicola Expresses A Heterogenous Hypo-Acylated Lipid A, Molly D. Pither, Siobhan Mcclean, Alba Silipo, Antonio Molinaro, Flaviana Di Lorenzo

Articles

Pandoraeasp. is an emerging Gram-negative pathogen in cystic fibrosis causing severe and persistent inflammation and damageof the lungs. The molecular mechanisms underlying the high pathogenicity ofPandoraeaspecies are still largely unknown. AsGram-negatives,Pandoraeasp. express lipopolysaccharides (LPS) whose recognition by the host immune system triggers aninflammatory response aimed at the bacterial eradication from the infected tissues. The degree of the inflammatory responsestrongly relies on the fine structure of the LPS and, in particular, of its glycolipid moiety, i.e. the lipid A. Here we report thestructure of the lipid A isolated from the LPS of a chronic strain ofP. pulmonicola(RL 8228), one of the …

Analysis Of Automatic Annotations Of Real Video Surveillance Images, Diana Guevara Flores, Fernando Pérez Téllez, David Pinto Avendaño

Articles

The results of the analysis of the automatic annotations of real video surveillance sequences are presented. The annotations of the frames of surveillance sequences of the parking lot of a university campus are generated. The purpose of the analysis is to evaluate the quality of the descriptions and analyze the correspondence between the semantic content of the images and the corresponding annotation. To perform the tests, a fixed camera was placed in the campus parking lot and video sequences of about 20 minutes were obtained, later each frame was annotated individually and a text repository with all the annotations was …

Color Variation Of The Up-Conversion Luminescence In Er3+-Yb3+Co-Doped Lead Germanate Glasses And Microsphere Integrated Devices, Meng Zhang, Ke Tian, Shunbin Wang, Libo Yuan, Gerald Farrell, Elfed Lewis, Pengfei Wang

Articles

Abstract—Lead germanate glass samples co-doped with different Er3+/Yb3+ concentrations were prepared and the color variation of the up-conversion emissions in these glasses was observed using a 980 nm laser pump. A practical optical integrated device based on Er3+ -Yb3+ co-doped lead germanate glass microsphere and a special fiber structure, consisting of single mode fiber (SMF), multimode fiber (MMF) and a suspended tricore hollow fiber (STCHF) is described. As the pump light is coupled into the microsphere from the cores suspended inside the STCHF, the microsphere fixed in the air hole of the STCHF is excited and the up-conversion emissions are …

Regulating Cleanups Of Homeless Encampments, Stephen J. Schnably

Articles

No abstract provided.