Digital Commons Network^™

Constitutional Tipping Points: Civil Rights, Social Change, And Fact-Based Adjudication, Suzanne B. Goldberg

Faculty Scholarship

This Article offers an account of how courts respond to social change, with a specific focus on the process by which courts "tip" from one understanding of a social group and its constitutional claims to another. Adjudication of equal protection and due process claims, in particular, requires courts to make normative judgments regarding the effect of traits such as race, sex, sexual orientation, or mental retardation on group members' status and capacity. Yet, Professor Goldberg argues, courts commonly approach decisionmaking by focusing only on the 'facts" about a social group, an approach that she terms 'fact-based adjudication." Professor Goldberg critiques …

Controlling Shareholders And Corporate Governance: Complicating The Comparative Taxonomy, Ronald J. Gilson

Faculty Scholarship

Corporate governance scholarship has shifted focus in recent years from hostile takeovers, which occur primarily in the widely held shareholder systems of the United States and the United Kingdom, to the comparative merits of the "controlling shareholder" systems that are the norm most everywhere else in the world. In this emerging debate, the simple dichotomy between controlling shareholder systems and widely held shareholder systems that has largely dominated the discourse is too coarse to allow a deeper understanding of the diversity of ownership structures in different national capital markets and their policy implications. In this Article, Professor Ronald Gilson seeks …

Edwin S. Cohen, Michael J. Graetz

Faculty Scholarship

This is not the first time I have spoken to honor Edwin S. Cohen. I spoke at two of his retirements – at least – and in the Rotunda at both his 75th and 80th birthday celebrations. Each time, and on many other occasions over the years when I have spoken about tax law or policy in his presence, I would always steal a glance at Eddie, looking for that twinkle in his eyes, hoping to bring a smile to his face, or even an outright giggle. Today, I know I will still look, as I will for years to …

Emergency Exemptions From Environmental Laws After Disasters, Michael B. Gerrard

Faculty Scholarship

Many environmental statutes had their origins in disasters. And when disasters strike, the environmental laws come into play in the response. Some have urged Congress to adopt emergency exemptions so that the environmental laws do not interfere with rescue and recovery.

This article explains how disasters helped create our current statutes, and then describes the role that environmental laws played in the immediate response to the September 11 attacks and Hurricane Katrina. It catalogs the multiple exemptions that already exist in the current environmental statutes and regulations and then summarizes the exemptions that were proposed after Hurricane Katrina.

Clinique Des Lombalgies Interdisciplinaire En Première Ligne (Clip) : Guide De Pratique, Michel Rossignol

Guides

No abstract provided.

Sécurité Des Convoyeurs À Courroie : Généralités, Protection Contre Les Phénomènes : Guide Du Concepteur, Serge Massé, Laurent Giraud, Julie Dubé, Guillaume Vernoux, Luc Schreiber, Yves Desrochers

Guides

No abstract provided.

Expression Of Putative Virulence Factors Of Escherichia Coli O157:H7 Differs In Bovine And Human Infections, Rebecca A. Rashid, Tami A. Tabata, Melissa J. Oatley, Thomas E. Besser, Phillip I. Tarr, Steve L. Moseley

Open Access Publications

No abstract provided.

Blinded Comparison Of Repetitive-Sequence Pcr And Multilocus Sequence Typing For Genotyping Methicillin-Resistant Staphylococcus Aureus Isolates From A Children's Hospital In St. Louis, Missouri, Robert S. Liao, Gregory A. Storch, Richard S. Buller, Rachel C. Orscheln, Elaine R. Mardis, Jon R. Armstrong, W. Michael Dunne Jr.

Open Access Publications

No abstract provided.

Faculty Masthead, Mjlst Editorial Board

Minnesota Journal of Law, Science & Technology

No abstract provided.

Student Masthead, Mjlst Editorial Board

Minnesota Journal of Law, Science & Technology

No abstract provided.

Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring

Minnesota Journal of Law, Science & Technology

No abstract provided.

Access To And Control Over Plant Genetic Resources For Food And Agriculture In South And Southern Africa: How Many Wrongs Before A Right?, Debbie Collier

Minnesota Journal of Law, Science & Technology

No abstract provided.

Property Rights Legislation In Agricultural Biotechnology: United States And Argentina, Andres A. Gallo, Jay P. Kesan

Minnesota Journal of Law, Science & Technology

No abstract provided.

Faculty Masthead, Mjlst Editorial Board

Minnesota Journal of Law, Science & Technology

No abstract provided.

Potentially Reduced Exposure Cigarettes: The Need For A Public Health Policy, Christopher N. Banthin

Minnesota Journal of Law, Science & Technology

No abstract provided.

Food Protection And Defense: Preparing For A Crisis, Caroline Smith Dewaal

Minnesota Journal of Law, Science & Technology

No abstract provided.

Detached Macrophyte Accumulations In Surf Zones: Significance Of Macrophyte Type And Volume In Supporting Secondary Production, Karen Ruth Crawley

Theses: Doctorates and Masters

Detached macrophytes (sea grass and macroalgae) are transported from more offshore areas and accumulate in large volumes in surf zones, where they are commonly called wrack. In coastal regions in other parts of the world, wrack transported from one habitat to a second habitat can be considered as a "spatial subsidy" for the recipient habitat with significant consequences for community dynamics and food webs. The primary aim of this study was to determine the significance of the different components of wrack (i.e. sea grass and brown, red and green algae) as a direct and indirect food source and habitat for …

Constraints To Youth Participation In The Current Federal Political Environment, Judith G. Bridgland Sorenson

Theses: Doctorates and Masters

This research explores the constraints to youth participation through the mechanism of the National Youth Roundtable. In 1999 the National Youth Roundtable was established as the centrepiece of the Federal Government's `Voices of Youth' initiative, designed to go to the grass roots of the youth population and seek their participation on matters of policy development. This was to be the new interface between young people and the Australian government, replacing the peak body for youth affairs as a more effective participation mechanism.

Silenced Voices: Experiences Of Grief Following Road Traffic Crashes In Western Australia, Lauren Breen

Theses: Doctorates and Masters

Despite the introduction of road safety measures and media campaigns, crashes are a leading cause of death in Western Australia. While economic costs of crashes are relatively easy to determine, their psychosocial burden remains appreciably under-studied, as are the social, cultural, historical, temporal, and political contexts within which grief experiences are housed. As such, I explored the experience of grief resulting from losing a loved one in a crash in Western Australia and described the influence of contextual factors on those grief experiences.

Policing Performance Management Systems: Identifying Key Design Elements Within A `New' Public Management Context, John Gillespie

Theses: Doctorates and Masters

The new public management (NPM) philosophy and move towards a governance approach places emphasis on the accountability of individuals, supervisors and managers relative to practice, processes and designated outcome - conformance and performance. A dichotomy is highlighted working within the NPM environment where managers need to practice creative and innovative freedoms, and at the same time to exercise constraint and compliance within a regulated and permission seeking framework. This situation can create inertia in respect to performance reforms within the public service. Police Services in Australia, and in particular the Western Australia Police (WAPOL) have made some inroads into providing …

Reintroduction Ecology Of Mala (Lagorchestes Hirsutus) And Merrnine (Lagostrophus Fasciatus) At Shark Bay, Western Australia, Blair Hardman

Theses: Doctorates and Masters

The transfer of threatened animals from one location to another in order to benefit the species is a technique frequently used by animal conservation managers. However, very few of these relocations have experimentally assessed the relative merits and disadvantages of commonly used release techniques. Two species of hare-wallaby, mala (Lagorchestes hirsutus) and merrnine (Lagostrophus fasciatus), were reintroduced in August 2001 onto Peron Peninsula in Western Australia. These threatened species were reintroduced using two release strategies (soft versus hard release), and their subsequent movements and body condition were monitored using radio-telemetry and trapping.

Neck Loading In High Performance Combat Pilots During Aerial Combat Manoeuvres And Specific Neck Strengthening Exercises, Kevin J. Netto

Theses: Doctorates and Masters

Background: Neck pain and injury is a common occurrence in high performance combat pilots (HPCP) around the world. The cause of this has been attributed to exposure to the unavoidable high mechanical loading related to the neck being positioned in non-neutral head postures whilst being exposed to moderate to high +Gz levels. Specific neck conditioning exercises have been proposed as being a possible method to decrease the incidence of neck pain and injury in this population. However, there has been sparsely published research examining the suitability of selected exercises for HPCP who participate in regular aerial combat manoeuvres (ACM).

The Ecology And Behaviour Of Varanus Mertensi (Reptilia: Varanidae), Phillip J. Mayes

Theses: Doctorates and Masters

This study examines numerous aspects of the ecology and behaviour of Merten's Water Monitor, Varanus mertensi (Reptilia: Varanidae) including; daily behaviour, diet, foraging behaviour, reproductive seasonality and daily and long-term movements. Findings from over two years of field study of V. mertensi found in waterbodies of both the Ord River Irrigation Scheme and surrounding East Kimberley/Victoria River Downs bioregion of Western Australia are presented. This study simultaneously broadens our understanding of the family Varanidae and provides insight into the life of a semi-aquatic faunal species found in waterbodies of the Ord River Irrigation Scheme.

Transformation Theory And E-Commerce Adoption, Mark P. Brogan

Theses: Doctorates and Masters

This thesis investigates business transformation on the Internet; particularly the nature and significance of Cyber transformation theory and the Marketspace Model as a framework for E-commerce adoption. E-commerce can raise a firm's productivity, transform customer relationships and open up new markets. The extent to which nations become adopters of E-commerce is set to become a source of comparative national competitive advantage (or disadvantage) in the twenty first century.

The Agricultural Co-Operative Business Structure In Context: A Western Australian Study, Elizabeth Cheong

Theses: Doctorates and Masters

Agricultural co-operative businesses are the focus of considerable academic research overseas, particularly from the perspective of agricultural economics. Research on Australian agricultural co-operatives, however, is very limited. This exploratory study investigates agricultural co-operatives at two inter-related levels. Firstly, the thesis examines the broader political economy shaping the agricultural co-operative sector, specifically policy and institutional arrangements affecting agricultural co-operatives. Secondly, the thesis considers how this external world influences the internal behaviour of the agricultural co-operative business. The study adopts a qualitative research methodology, principally using the case study method. Over 50 in-depth interviews were conducted with actors associated with the agricultural …

Business Adaptation Strategies Used By Small And Medium Retailers In An Increasingly Competitve Environment: A Study Of Ubon Ratchathani, Thailand, Kittima Cheungsuvadee

Theses: Doctorates and Masters

This thesis presents a study of business adaptation strategies employed by small and medium retailers in order to be sustainable in a climate of rapid and significant environmental change in regional Thailand. The study was carried out in Ubon Ratchathani, a large regional city in North Eastern Thailand which shares many of the difficulties encountered by regional businesses in regional Thailand. Changes over the last ten years have been considered in this work and recent strategies adopted by the small and medium retailers have been investigated. Using extensive input from a study group which represented approximately 10% of all small …

What Causes An Organisation To Be What It Is And To Become What It Could Be: A Philosophical Expedition, Alan Byrne

Theses: Doctorates and Masters

This work represents the evolution of a thesis asking the question what causes an organisation to be what it is and to become what it could be. The author ' s thought development is integral to the project and is highlighted throughout. Conversation and relationship become privileged as the transformative cause of change; of being. This study faithfully reproduces how a thesis actually happens, with all the inherent uncertainty and messiness. The life experiences of the author are brought to bear in this autoethnographic study of the business world.

The Role Of Metacognitive Strategies In Promoting Learning English As A Foreign Language Independently, Chayada Danuwong

Theses: Doctorates and Masters

One of the challenges facing universities in Thailand is that of equipping graduates with the capacity for independent analytical thinking and learning which will enable them to operate in a global context while also contributing constructively to the changing needs of the local scene. The ability to think analytically and to learn independently calls for learners to be purposeful, strategic, and persistent in learning as well as to have more adaptive cognitive processes and the willingness to take charge of their learning. This is the role of metacognition in learning autonomy across domains. This thesis reports on research which has …

The Lived Experience Of God And Its Evolution In Children And Adolescents, Anne P. Devenish

Theses: Doctorates and Masters

Children's and adolescents' spirituality is important, especially to those entrusted with their education. To effectively nurture children's spirituality, parents, teachers, and ministers would benefit in knowing how young people experience God, what they think about God and how they relate to God: in effect, their lived experience of God. Learning about these phenomena could help greatly in communicating with children and adolescents about God. This study aims to build on the work of those who have investigated elements of the spirituality of children and adolescents in a qualitative way.

Thai Popular Music: The Representation Of National Identities And Ideologies Within A Culture In Transition, Lamnao Eamsa-Ard

Theses: Doctorates and Masters

Thai popular music always reflects and reproduces the concerns of Thai people in changing times especially in regard to issues relating to identity. The purpose of this study was to investigate the relationship between the preservation of Thai identity and the ideologies surrounding it and the adoption of Western innovation in Thai popular music. The issues surrounding the identity and ideology of Thais, such as class, gender and ethnicity are explored within the area of Thai popular music. I use ethnography as the major tool for gathering and analysing the research data. Using triangulated ethnographic techniques, involved in-depth interviews, focus …