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Genealogy Of A State-Engineered “Model Minority”: “Not Quite/Not White” South Asian Americans, Tayyab Mahmud

Faculty Articles

This is review essay based on Vijay Prashad, The Karma of Brown Folk (Minneapolis: University of Minnesota Press 2000). It engages the saga of immigration of South Asian to the United States. A primary focus is on the matrix of identity formation within the grammar of imperialism. It explores how modern regimes of power/knowledge constitute racialized subjects. The deployment of the "model minority" discourse is examined as it relates to South Asian Americans. Structures of power and strategies of resistance among South Asian Americans are highlighted and it is argued that building solidarities among all subordinated is the only viable …

Moral Nuisances, John Copeland Nagle

Journal Articles

Nuisance law provides a remedy for activities that substantially interfere with the use and enjoyment of one's land. Most nuisance cases today involve environmental pollution or unwanted noises, sights, or smells. Historically, though, nuisance law had a much broader application that regulated brothels, saloons, and gambling parlors - what I call moral nuisances.

I articulate a theory of moral nuisances that applies when (1) a substantial and legally cognizable interference with a landowner's use or enjoyment of his or her land is caused by (2) an action that is regarded as immoral by a reasonable person within the community (3) …

How Free Is Florida's Public Education: An Examination Of School Fees In Florida's 67 Counties Public Secondary Schools, Lori Ronan-Khessali

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The primary purpose of this study was to determine if Florida's public high schools provide a free education as defined by Florida's constitution. More specifically, the following issues were analyzed: (a) the extent to which Florida's 67 counties assess user fees in public high schools, (b) the extent to which user fees are represented as voluntary or mandatory, (c) categorization of the 67 counties with respect to consistency of user fees within and between districts, and (d) the relationship between the assessment of user fees location, per-capita income, and percentage of children on free/reduced lunch.

A descriptive survey research procedure …

Meet The Artist| Art From Illumination And Reverie, Janet R. Potts

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Synaesthesia And The Visualization Of The Senses, Caroline M. Peters

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Intent To Use: A Failed Experiment?, Amy B. Cohen

Faculty Scholarship

When Congress enacted the Trademark Law Revision Act of 1988 ("TLRA"), it made the first truly radical change in trademark law since the passage of the Lanham Act in 1946. By adding Section 1(b) to the Lanham Act allowing applications for federal trademark registration to be based on an intent to use the mark, Congress for the first time provided a way to apply for federal trademark registration before actual use of a trademark. Congress made this change to bring United States law into closer conformity with the practice elsewhere in the world where use is not a prerequisite to …

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman

Case Western Reserve Journal of International Law

No abstract provided.

Price Tag: West Bank Settlers' Terrorizing Of Palestinians To Deter Israeli Government Law Enforcement, Ori Nir

Case Western Reserve Journal of International Law

No abstract provided.

Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky

Case Western Reserve Journal of International Law

No abstract provided.

The Taxation Of Private Interests In Public Property: Toward A Unified Theory Of Property Taxation, John A. Swain

Utah Law Review

As traditional barriers in our economy continue to erode, once clear distinctions in industries, such as finance, telecommunications, and the media, are becoming blurred. Similarly, government and industry are combining forces in many non-traditional arenas. Consequently, the commercial use of government property is expanding rapidly. Although the existence of private interests in public grazing lands, forests, harbors, and airports is not new, public property is now being devoted to a myriad of expanded private uses. Resort hotels, research parks, office complexes, warehouses, and other traditional private sector improvements are being erected on public lands and titled to the government.' The …

A Clash Between Commercial Speech And Individual Privacy: U.S. West V. Fcc, Andrew Dymek

Utah Law Review

In recent years, the public has become increasingly concerned over threats to privacy posed by the commercial use of personal data. In response, Congress has enacted, or is considering, legislation to protect sensitive transactional data in diverse commercial fields. However, because the use of customer data may lead to greater market shares and profits, companies have zealously advocated their countervailing interests. When lobbying fails to dilute privacy legislation, companies may increasingly rely on a relatively new weapon: the First Amendment commercial speech doctrine. In a "harbinger" of future clashes between privacy and commercial speech, a divided Tenth Circuit ruled in …

Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare "Reforms", April Land

Utah Law Review

According to the House Report that urged adoption of the Personal Responsibility and Work Opportunity Reconciliation Act, commenting on the predecessor to the current welfare system, the Report noted the "greatest tragedy of the welfare system is how it harms the Nation's children." Under the Personal Responsibility and Work Opportunity Reconciliation Act in support of which the Report was written, it is now anticipated that 1.3 million additional children will join the children already living in poverty in this country. There are more children in inadequate daycare and housing and more children are hungry. As the number of people finding …

Molecular Characterisation Of A Two-Component Regulatory System From Burkholderia Pseudomallei, Magdy Elsayed Mahfouz

School of Biological and Marine Sciences Theses

Studies were undertaken to clone and characterise a two-component regulatory system from a clinical isolate (204) of the human and animal pathogen Burkholderia pseudomallei. A number of genomic libraries were constructed in E. coli host-vector systems and screened for the presence of a two-component system using oligonucleotide probes based on nucleotide sequence homology. Fragments of genomic DNA were cloned and sequenced and found to possess two open reading frames (ORFs) that overlap with a single nucleotide and are believed to encode a novel two-component regulatory system. A possible promoter region was identified upstream of the two ORFs, mrgR and mrgS, …

Molecular Characterisation Of Burkholderia Pseudomallei, Clare Davies

School of Biological and Marine Sciences Theses

A programme of research was carried out to attempt the molecular characterisation of the human and animal pathogen, Burkholderia pseudomallei, the causative agent of melioidosis and the newly described avirulent species, B.thailandensis for comparative purposes. Melioidosis is still little understood, and so the clinical approach to the prevention and control of melioidosis must ultimately rest upon the basic understanding of the causative organism, particularly the pathogenic properties of B.pseudomallei. A range of B.pseudomallei and B.thailandensis isolates were cultured and the extracellular products were isolated and concentrated and an initial study conducted to identify potential target molecules for cloning. Those isolates …

The Bioenergetics And Behaviour Of The Rainbow Trout (Oncorhynchus Mykiss) When Feeding On A Copper Contaminated Diet, Hamish Alistair Campbell

School of Biological and Marine Sciences Theses

The long-term effects of sub-lethal dietary Cu-exposure were investigated in relation to consequential energy shifts and resultant locomotory adaptation in 0. mykiss. This study represents the first to attempt to quantify the physiological cost of dietary heavy-metal exposure, the timing and extent of daily behavioural adaptation and resultant significance, in terms of ecologically important behaviours to the fish. Two long-term (2 & 3 months) dietary exposures of 730 mg Cu kgˉ¹ mg d.w. feed showed exposed fish to have a 3-fold increase in liver [Cu] and 10-fold increase in intestinal [Cu] compared to control fish. Consequently exposed fish elicited a …

Perpetuating Stigma: Client Identity In Disability Rights Litigation, Laura L. Rovner

Utah Law Review

In returning to the question of whether and how lawyers can represent clients in disability rights cases in ways that are more congruent with how at least some of these clients self-identify, I find that part of the answer depends, necessarily, on what it is the client is seeking to achieve through a lawsuit in the first place. To the extent that the client's main objective is not an award of compensatory damages, there may be greater opportunity for the client's voice and story to be presented in a (relatively) unfiltered way. For a client whose primary goal is a …

Failed Markets, Failing Government, Or Both? Learning From The Unintended Consequences Of Utah Consumer Credit Law On Vulnerable Debtors, Christopher L. Peterson

Utah Law Review

Although for millennia the Western tradition looked upon the taking of interest with a jaundiced eye, consumer credit has become an integral and accepted part of the American economy. Nevertheless, throughout the twentieth century federal and state government institutions have struggled with the dual needs of facilitating creditors' business ventures and simultaneously protecting vulnerable debtors from onerous obligations.

The Electronic Signatures Act: Preempting State Law By Legislating Contradictory Technology Standards, Allison W. Freedman

Utah Law Review

Federal e-commerce legislation was desperately needed in order to keep pace with the exponential growth of businesses utilizing technology and to inject uniformity into the numerous conflicting state laws. While E-Sign is a step in the right direction, it creates as many problems as it strives to solve. E-Sign attempted to design a technology-neutral approach to e-commerce that allows for growth in an important, rapidly changing industry. While in one sense it does that, it also puts forth confusing, ambiguous, and contrary provisions. Inconsistent standards exist even within E-Sign itself.

Business Method Patents, Franchises, And The First Inventor Defense Act: Something Must Give, Matthew D. Thayne

Utah Law Review

To sustain the designs of the patent system, it must evolve as technology does, providing limited monopolies in technological realms the Constitution's framers could hardly have imagined. By the same token, we must not allow new technology to disguise as patent-worthy those inventions or ideas which are not deserving of patent protection. Patent grants can only be justified to the extent that they serve the interests of the public.

Making Laws Moral: A Defense Of Substantive Canons Of Construction, Andrew C. Spiropoulos

Utah Law Review

Judges play a central, and difficult, role in our regime. The difficulty arises from our expectations for them. Judges, we demand, should both ensure that justice is done and be neutral arbiters of the laws enacted by the people. These two responsibilities are in constant tension, and it is all too easy for judges to emphasize one responsibility at the expense of the other. Judges should be neither mere minions of the legislature nor our Platonic Guardians. We do not need enlightened despots to impose justice upon us or to trick us into doing justice by pretending that they are …

The Right To Information Self-Determination, Edward J. Eberle

Utah Law Review

We have examined how the rise of the computer, and the accompanying information revolution it has triggered, can pose serious threats to human freedom. There is, accordingly, a need to safeguard the inviolability of personhood amidst this ongoing technological revolution. Determining how to respond to this challenge is a major test for the American legal system. At present, the legislative response has been inconsistent and episodic. No farreaching measures have been taken to address the needs of human security and freedom. The debate over what to do continues. Perhaps the specter of Big Brother will spur legislation more protective of …

Pelanggaran Etika Kewartawanan Di Malaysia 1994 : Kajian Kes Di Liputan Kepimpinan Gapena Dan Politik Abdul Rahim Thamby Chik, Che Yazid Che Seman

Student Works (2000-2009)

This study is referred to the Utusan Malaysia (UM) to observe whether or not the newspaper contribute to the violations of the ethics of journalism. Therefore, this study has selected two cases which considered most relevant for analysis; Study of the case of coverage of the leadership the Federation of National Writers Associations (Gabungan Persatuan Penulis National (GAPENA) an the politics of Abdul Rahim Thamby Chik (ARTC) who was accused of having secret affair with an under aged girls. ln both cases, the study applied social science discipline which focus more to historical and communication approach, how UM play their …

Web-Based Portfolios In Higher Education, Marilyn Murphy

Graduate Research Papers

Portfolios offer an authentic means of assessment for higher education. The management of paper portfolios, however, is problematic,. Electronic portfolios solve many of the problems associated with paper portfolios and offer several added benefits. Making electronic portfolios accessible on the World Wide Web is advantageous for faculty, students, and employers. The problems associated with web-based portfolios are generally manageable.

An Integrated Technology Project In One Iowa Middle School, Beverly R. Nielsen

Graduate Research Papers

The purpose of this research was to determine whether implementing an integrated technology project at Columbus Middle School in the Columbus Community, Iowa School District would have any positive learning effects on the eighth grade students. Secondly, the research set out to determine if there are advantages to integrating technology into middle school curriculum. Finally, the purpose of the research was to find selection criteria for an integrated technology project for the middle grades. After selection and implementation, the project was evaluated through teacher observations and student self-evaluations. Both evaluations indicated that this integrated technology project had positive learning effects …

Unusual Presentation Of A Chondromyxoid Fibroma Of The Temporal Bone, Asuman Ni̇han Haberal, Banu Bi̇lezi̇kçi̇, Mehmet Coşkun, Nur Altinörs, Beyhan Demi̇rhan

Turkish Journal of Medical Sciences

No abstract provided.

Effect Of Mg^{+2} Concentration In Mueller-Hinton Agar On The Susceptibility Of Pseudomonas Aeruginosa To Levofloxacin, Nezahat Akpolat, Tuncer Özeki̇nci̇, Selahatti̇n Atmaca

Turkish Journal of Medical Sciences

No abstract provided.

Survival Of Canine Epididymal Sperm Under Cooled And Frozen-Thawed Conditions, Karla Stilley

LSU Master's Theses

The objective of the first experiment was to determine the effects of storage at 22„aC vs. 4„aC on the motility and percentage of membrane-intact sperm (%MIS) of epididymal mouse sperm. Testicles were allocated into 22„aC or 4„aC treatment groups and stored for 24 or 48 hours. Additional testicles were allocated into the 4„aC treatment for storage for 72 or 96 hours. Sperm was collected and analyzed at each time point. Storage at 22„aC lowered motility and %MIS (P<0.05) when compared with control sperm and 4„aC sperm at both the 24 and 48 hours. Motility and %MIS of 4„aC sperm did not decrease when compared with the control until after 72 hours of storage. The second experiment evaluated the effects of 22„aC vs. 4„aC storage for 24 and 48 hours on epididymal dog sperm. Motility and %MIS of the 22„aC sperm was lower than that of the 4„aC sperm and the control (P<0.05) at 24 and 48 hours. Motility of the 4„aC sperm was lower than the control at 24 and 48 hours (P<0.05), however %MIS was not lower than the control until 48 hours. The third experiment tested the effect of cryopreservation on epididymal dog sperm. Sperm was frozen immediately (A), after 48 hours at 4„aC in liquid (B) or after 48 hours at 4„aC of the whole testicle (C). Both pre-freeze (PF) and post-thaw (PT) motility and %MIS of B and C were lower than A (P<0.05). PT values were lower than PF values in all treatments (P<0.05). PT motility of B was lower than C (0 vs. 35.0¡Ó3.6%). Storage at 4„aC allows collection of motile epididymal mouse and dog sperm for several days after death. Dog testicles can be refrigerated for 2 days and epididymal sperm frozen with PT motility and %MIS of 35 and 62%.

Effective Strategies For The Teaching Of Science To Secondary Students With Behavior Disorders, Jennifer Crane

Graduate Research Papers

The purpose of this study was to provide suggestions for specific curricular and instructional modifications in science in order to meet the special needs of secondary students with behavior disorders. The study was divided into two parts. The first portion of the study included an extensive literature review that focused on the teaching methods that are most appropriate for students with behavior disorders, achievement and retention under those teaching methods, and adaptations that are the most effective when teaching science to students with behavior disorders. The second portion of the study evaluated a secondary biology curriculum including a textbook and …

Attitudes, Perceptions, Behaviors And Responses Of Elementary Teachers With Varying Computer Proficiencies Toward A Technology Learning Model, Matthew S. Shoemaker

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this phenomenological study was to assess the attitudes, perceptions, behaviors, and responses of teachers with varying computer skills after exposure to the Technology Learning Model (TLM), as well as to assess the overall impact of the staff development experiences. The TLM was comprised of a researcher-designed, 10-session, 15- hour training implementation over 8 weeks. The two research questions of the study were: How will participants with varying computer skill levels respond to the TLM? How does the TLM affect participants' attitudes toward integration of computer technology into professional responsibilities?

The purposeful sample was drawn from teachers at …