Digital Commons Network^™

Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow

Comparative Research in Law & Political Economy

This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration regimes), (2) looks at some of the benefits and drawbacks of privatization, specifically including negative impacts on systems of democratic governance, and (3) identifies justice - rather than efficiency - as the primary benchmark by which civil justice reform initiatives should be judged.

Indigenous Self-Determination And The State, Shin Imai

Comparative Research in Law & Political Economy

The right of indigenous self-determination is now accepted at both the national and international level, but the exercise of the right to self-determination does not connote any specific institutional arrangement. This chapter, from the forthcoming book, "Indigenous Peoples and the Law: Comparative and Critical Perspectives", (Hart Publishing, Oxford), describes a variety of arrangements in Australia, Canada, New Zealand and the United States. Indigenous people have the greatest political autonomy in the sovereignty/self-government model found in the United States and in the latest self government agreements from Canada. The self-administration/self-management model provides for indigenous entities to deliver social services and educational …

Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott

Comparative Research in Law & Political Economy

The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …

Individual Emergencies And The Rule Of Criminal Law, François Tanguay-Renaud

Comparative Research in Law & Political Economy

This is the draft of a paper initially presented in the Oxford Jurisprudence Discussion Group. The paper assesses the relationship between individual emergencies and criminal law in light of the ideal of the rule of law and Joseph Raz's thesis about the normal justification of authority. After sketching out the main theoretical positions on how criminal law ought to provide for its own potential failure in the face of private emergencies, I argue that it is only in the most extreme and generalized cases that its sole legitimate response is to disclaim all competence in favour of its subjects. Whereas, …

The Transformation Of Chinese Enterprise Income Tax: Internationalization And Chinese Innovations, Jinyan Li, He Huang

Comparative Research in Law & Political Economy

This article reviews the major elements of the enterprise income tax (EIT) system in China and examines the dynamic relationship between international norms and the local Chinese context. After some introductory remarks, the article discusses the fundamental principles, concepts and structural elements of the EIT system and examines its main transformative aspects in terms of form, process and substantive provisions. The article also considers the extent to which international tax norms, China's policy concerns and traditional issues play a role in the new system. The article concludes with some observations on international tax norms.

Communication Strategies Employed During A Parliamentary Style Debate : A Case Study / K.R.W. Shylaja S.D. William., S. D. William K. R. W. Shylaja

Student Works (2000-2009)

No abstract provided.

Exploring Interdisciplinary Prayer Research In A Health Context, E. James Baesler

Communication & Theatre Arts Faculty Publications

Communication, Psychology, and Sociology are three leading academic disciplines engaged in the social scientific study of prayer, the spiritual communication between a believer(s) and God, but rarely do these disciplines collaborate in interdisciplinary prayer scholarship. Possibilities for interdisciplinary prayer research in a health context are explored through a review of the literature and academic interviews. Interdisciplinary linkages in the prayer-health context are organized in an integral "all-quadrant" theoretical model, and an assessment of the viability of interdisciplinary prayer-health research is considered.

Lightweight Objective Quality Of Voice Estimation Through Machine Learning, Daniel Riordan

Theses

Communication systems are undergoing constant and rapid innovation, both at the design stage and in the field. This in turn has led to an inereasing need for fast, efficient, portable and economic methods for the testing of these systems. For voice carrying communication systems the quality of the transmitted voice that the system produces is a large factor in the overall performance rating of the system. This measure is known as the ‘Quality of Voice’ (QoV) and can be evaluated either subjectively or objectively.

Speech quality is a complex subjective phenomenon that can be best quantified by subjective testing. A …

A Global Assessment Of Freshwater Crab Diversity , Darren Cj Yeo, Pkl Ng, Neil Cumberlidge, Celio Magalhães, Savel Regan Daniels Phd, Martha R. Campos

Journal Articles

No abstract provided.

Helical Axes Of Skeletal Knee Joint Motion During Running, Antonie J. Van Den Bogert, C. Reinschmidt, A. Lundberg

Mechanical Engineering Faculty Publications

The purpose of this study was to determine the changes in the axis of rotation of the knee that occur during the stance phase of running. Using intracortical pins, the three-dimensional skeletal kinematics of three subjects were measured during the stance phase of five running trials. The stance phase was divided into equal motion increments for which the position and orientation of the finite helical axes (FHA) were calculated relative to a tibial reference frame. Results were consistent within and between subjects. At the beginning of stance, the FHA was located at the midepicondylar point and during the flexion phase …

Tobacco Litigation Without The Smoke? Cigarette Companies In The Smokeless Tobacco Industry, Micah L. Berman

Journal of Health Care Law and Policy

No abstract provided.

Spotlight On Success: What's Working In Oregon High Schools? - Pendleton High School, Ginny Birky

Faculty Publications - College of Education

No abstract provided.

Brainstem Raphe Pallidus And The Adjacent Area Contain A Novel Action Site In The Melanocortin Circuitry Regulating Energy Balance, Liugen Lei, Yan Gu, Jonathan G. Murphy, Pinxuan Yu, James L. Smart, Malcolm J. Low, Wei Fan

Faculty Publications - Department of Biological & Molecular Science

The central melanocortin system plays a critical role in the regulation of energy balance in rodents and humans. The melanocortin signals in both the hypothalamus and brainstem contribute to this regulation. However, how the melanocortin signals of the hypothalamus interact with those intrinsic to the brainstem in the regulation of energy balance is poorly understood. The brainstem raphe pallidus (RPa) and adjacent areas contain melanocortin 4 receptor (MC4-R)-bearing neurons and sympathetic premotor neurons regulating thermogenesis. Here we report that α-melanocyte-stimulating hormone (α-MSH)-immunoreactive (IR) fibers are in close apposition to MC4-R neurons in the RPa. Retrograde tracing studies revealed a unique …

Remembering Degiacomo, Kevin K. Washburn

New Mexico Law Review

No abstract provided.

Changing The Negative Behavioral And Developmental Outcomes To A Toxic Prenatal Environment Through Parent Education, Angela Elieen Laughlin Lebedev

Walden Dissertations and Doctoral Studies

The purpose of this study was to evaluate the effectiveness of current education materials on changing maternal smoking attitudes. Children are affected by prenatal exposure to tobacco smoke. Although there are educational efforts to discourage pregnant women from smoking, the practice continues in a significant number of pregnancies. New materials, based on current research, were also evaluated for effectiveness. The theoretical framework for this study was adult learning theory presented by Knowles which makes the assumption that an individual is shaped by environmental systems, that adult learning is affected by previous knowledge they bring to the learning and that adults …

Prognostic Factors Of Varying Treatment Outcomes For Onychomycosis (Nail Fungal Infection) Patients, Bin Cai

Walden Dissertations and Doctoral Studies

Prevalence of onychomycosis, as high as 26.9% in the general population, can be reduced by improving current antifungal treatment. This could be accomplished by understanding prognostic factors, especially healthy nail growth, associated with achieving complete cure. This population-based study aimed to evaluate if healthy nail length or percentage of total full nail length as healthy can be early indictors for complete cure. Logistics regression analyses were performed by comparing variables between a population who achieved the complete cure and a population who failed after both populations received the same antifungal treatment in two large randomized double-blinded clinical trials that assessed …

Effect Of Varying Inclusion Levels Of Linseed Oil On Growth, Fatty Acid Profile, Membrane Fluidity And Epa/Dha Production In Atlantic Salmon (Salmo Salar), Mary Anne Eaton

Open Access Dissertations

Fish oil accounts for approximately 26.8% of the operating costs of salmon aquaculture. To compensate for the increasing demand in fish oil, alternative plant and animal oils have been used to replace the fish oil. The goal of this study was to formulate a cost-effective fish feed which supports adequate growth of salmon and is less susceptible to oxidative damage while maintaining the characteristic beneficial fatty acid profile. Experiments were undertaken to assess the growth, fatty acid profile, erythrocyte membrane fluidity, and ability of liver hepatocytes to convert linolenic acid to EPA and DHA in Atlantic salmon with inclusion of …

Silencing The Ethiopian Courts: Non-Judicial Constitutional Review And Its Impact On Human Rights, Chi Mgbako, Sarah Braasch, Aron Degol, Melisa Morgan, Felice Segura, Teramed Tezera

Fordham International Law Journal

Part I traces the evolution of Ethiopia's constitutional human rights guarantees in each of the country's constitutional manifestations from the period of Emperor Haile Selassie's reign to the present. Part II explores the status of fundamental rights and freedoms in Ethiopia's 1995 FDRE Constitution. Part III describes the players and processes of Ethiopia's complex system of non-judicial constitutional review, including the dominant role played by the HOF and Council of Constitutional Inquiry and the marginalized role of the courts. Part IV presents a comparative analysis of countries engaged in non-judicial constitutional review, including China, the former Soviet Union, and Finland. …

A Theory Of Internationally Regulated Goods, Asif Efrat

Fordham International Law Journal

This Article examines the overlooked countertrend of international trade regulation. It offers a theory of internationally regulated goods ("IRGs") that explains why certain goods are regulated internationally, how governments form their preferences on international regulation, and how they establish cooperation. This Article argues that international regulation allows governments to make up for the deficiencies of national regulation by inducing the externalities-generating countries to establish proper controls. Beyond identifying and analyzing the trend of internationally regulated goods, this Article makes several additional contributions. Most importantly, the theoretical model bridges rationalist and nonrationalist accounts of international law by combining self-interest calculations with …

The Doctrine Of Manifest Disregard Of The Law After Hall Street: Implications For Judicial Review Of International Arbitrations In U.S. Courts, Annie Chen

Fordham International Law Journal

This Note examines the doctrine of manifest disregard, its impact on international arbitration, and its future after Hall Street. The focus of the discussion is U.S. law. Part I sets out the legal framework for arbitration in the United States and the statutory and extrastatutory grounds for vacatur of awards. It discusses the development and application of the doctrine of manifest disregard of the law in U.S. common law and the tension this has created with the FAA. Part II analyzes the Hall Street decision and the subsequent developing circuit split, including the case's impact on viability of manifest disregard. …

The Blood Of Going Green: Using Environmental Initiatives To Account For The Human Rights Violations Of The Green Movement, Noushin Ketabi

Fordham International Law Journal

Part I of this Note first illustrates the science of climate change and the push for biofuel development. Next, this Note uses human rights to define the problems associated with biofuel development in Brazil, Argentina and Paraguay, and introduces the environmental law framework that can address these human rights violation. Part II details the main human rights violations in Brazil, Argentina, and Paraguay occurring at the hands of the soy industry, and surveys the main existing certification proposals that attempt to mitigate social and environmental abuses. Finally, Part III proposes ways that developed countries can collectively mitigate the negative human …

An Examination Of The Relationships Between The Peptide Hormone Ghrelin And Appetite, Plasma Biomarkers Of Satiety And Metabolic Response In Humans, Daniel Lee Kresge

Open Access Dissertations

The peripherally circulating peptide hormone ghrelin is purported to stimulate hunger and feeding in humans, and is affected by the energy storage state as reflected in body mass index and body composition, and by macronutrient content of the diet. There have been few studies in humans that have measured both ghrelin, in its various isoforms, and appetite. To address this, Manuscript #1 of this dissertation examined fasting and postprandial ghrelin and ratings of appetite, in addition to anthropometric and fitness measures in 50 college-age student. There were no significant correlations between fasting or postprandial ghrelin and appetite or anthropometric measures …

Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

The Article begins by discussing the Hazelwood decision in depth. It then discusses the various contexts in which courts have applied Hazelwood and the circuit split that has developed over how broadly Hazelwood should reach. Next, it describes the circuit split over whether Hazelwood permits viewpoint-based speech restrictions, highlighting the different speech contexts in which the circuits have reached divergent conclusions. The Article then argues that the overextension of Hazelwood links the two splits. This Part also discusses why Hazelwood is uniquely suited to the student speech context and why other doctrines-namely, the Pickering-Connick framework for teachers' classroom speech and …

Determining Water Quality Standards On Tribal Reservations: A Cooperative Approach To Addressing Water Quality Under The Clean Water Act, Maria E. Hohn

Water Law Review

No abstract provided.

Harmonizing Management Of Ground And Surface Water Use Under Eastern Water Law Regimes, Timothy R. Weston

Water Law Review

No abstract provided.

Vol. 11, No. 2: Full Issue, Water Law Review

Water Law Review

No abstract provided.

The Protection Of The Marine Environment From Land-Based Pollution And Activities: Gauging The Tides Of Global And Regional Governance, Ann Powers

Elisabeth Haub School of Law Faculty Publications

After providing an introductory overview of the major land-based threats to the marine environment, this article focuses upon the specific global and regional efforts to address land-based marine pollution and activities through a four-part survey. The main international initiative is first described, namely, the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA). Progress in GPA implementation is next assessed with an emphasis on the documentation and results from the Second Intergovernmental Review Meeting on Implementation of the GPA held in October 2006. Major challenges constraining GPA implementation are then summarized, including limited national …

Water Is Security, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

How do courts evaluate decisions of statutory interpretation made by government agencies that deal in environmental law? While research on judicial decisionmaking in environmental law has primarily focused on the D.C. Circuit, the Environmental Protection Agency, and the influence of ideology, only recently have legal scholars begun to consider the role of legal factors in judicial decisionmaking in environmental law. With special attention paid to how courts implement the Chevron doctrine, this Article empirically and doctrinally analyzes environmental law cases decided in the United States Courts of Appeals over a three-year period (2003-05) to investigate what factors, including ideological, legal, …

Mullewa Research Annexe Spring Field Day Future Farming Systems For North-Eastern Districts 21 August 2008, Department Of Agriculture, Western Australia

Grain and other field crops research reports

Papers:

• Mullewa Research Annexe activities 2008

• Wheat for today and the future

• Consequences of strongly acidic and alkaline soils

• Break crop influence on low rainfall heavy soil

• Chemical fallow options for the north-east agricultural region

• Herbicide tolerance of new wheat varieties

• Lowrainfall oilseed crops for food and biofuel

• Utilising stock to reduce business risk in Binnu! A case study