Digital Commons Network^™

Choice Of Law For Unjust Enrichment/Restitution And The Rome Ii Regulation, Adeline Chong

Research Collection Yong Pung How School Of Law

After being considered as niche territory for a long period, conflicts of law and restitution has provided a fertile ground for exposition in recent times. Whilst some development on the jurisdictional front has occurred, choice of law has lagged behind somewhat as, in England at least, no one seemed to be quite sure what was or should be the choice of law rule for restitutionary claims. However, the Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (commonly known as the Rome II Regulation) has now entered into force and will apply from …

Rationalising The Regime Of Compulsory Patent Licensing By The Essential Facilities Doctrine, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Where intellectual property rights (IP) owned by dominant undertakings are indispensable and impossible for other market players to replicate or acquire, the refusal to grant license to use such IP may cause serious harm to vital public interests, such as the supply of life-saving drugs, of technology that protects the environment, the compliance with de jure or de facto industry standards and the preservation of competition in markets with network effects or strong need for compatibility and interoperability

Conscious And Unconscious Processes In Human Desire, J Andrade, J May, Dk Kavanagh

School of Psychology

Elaborated Intrusion theory (Kavanagh, Andrade & May 2005) distinguishes between unconscious, associative processes as the precursors of desire, and controlled processes of cognitive elaboration that lead to conscious sensory images of the target of desire and associated affect. We argue that these mental images play a key role in motivating human behavior. Consciousness is functional in that it allows competing goals to be compared and evaluated. The role of effortful cognitive processes in desire helps to explain the different time courses of craving and physiological withdrawal.

Perception And Awareness Of Accents In Young Children, C Floccia, F Girard, J Goslin

School of Psychology

This study examines children's metaphonological awareness for accent-related information in connected speech. In the first experiment, 5- to 6-year-old French-speaking children were asked to discriminate between Southern and Northern accented French in a sentence categorization task. It was found that these children were not able to reliably distinguish between these native variations of their own language, but were able to distinguish between their own accent and a strong foreign accent in Experiment 2. These findings were also replicated using a speaker discrimination task in Experiment 3, where children were asked to detect pairs of speakers sharing the same accent amongst …

Indian Law Clinics And Externship Symposium Roundtable Discussion: Lawyering For Indigenous People, Tribal Law Journal

Tribal Law Journal

Several native and non-native Indian Law clinicians and scholars participated in a roundtable discussion on June 22, 2007 in Albuquerque, New Mexico to discuss lawyering for indigenous people. The attendees were organized into three different groups: discussants, respondents, and participants. The discussants began the dialogue and discussed their experiences in representing tribes to representing individual native clients in various areas of law. They discussed what it means as a lawyer "to do no harm" and their roles and challenges in teaching students how to serve native populations. The respondents provided their responses to the various topics presented by the discussants. …

The Xhosa And The Truth And Reconciliation Commission: African Ways, Douglas H.M. Carver

Tribal Law Journal

The author begins by providing a conceptual framework for indigenous people generally and then focuses on indigenous people in South Africa. Mr. Carver then discusses the culture and customs of the Xhosa, one of the main ethnic groups from the Republic of South Africa. He then discusses the Truth and Reconciliation Commission (TRC), set up in South Africa after the fall of the apartheid regime, which was meant to rebuild a society divided by racial and ethnic lines. The author explains how the Xhosa concept of "ubuntu" – encompassing African concepts of justice, harmony and reconciliation — became a core …

Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz

Tribal Law Journal

In this essay, Tribal Law Journal Editor-in-Chief Zuni Cruz comments on the purpose of the Tribal Law Journal. She borrows the term "shadow war" from the Zapatistas' use of the Internet as she describes the Journal's endeavor to make Indigenous law explicit and to promote mental sovereignty. She challenges and invites others who write about the law of Indigenous Peoples to join in making legal scholarship in this area accessible to the public, especially the Indigenous public, and to create a depository of thought, rejecting the scattering of thought, by publishing legal scholarship in the global, publicly accessible e-journal, that …

Indigenous Legal Traditions, Cultural Rights, And Tierras Colectivas: A Jurisprudential Reading From The Emberá-Wounaan Community, Lauren Koller-Armstrong

Tribal Law Journal

This paper provides an overview of the Emberá-Wounaan indigenous group of Panama in the context of its legal traditions, worldview, and socio-political organization. In addition, this work examines how overlapping systems of tribal law and national Panamanian law have shaped 1) the tribe's geographic boundaries; and 2) environmental management in tribal communities

Toda Cambia Y Todo Sigue Siendo Igual (The More Things Change, The More The Stay The Same): How Fifteen Years Later The Constant Threat Of An End To The Zapatistas Continues To Justify Their Means, Pamela Genghini Hernandez

Tribal Law Journal

This article gives a chronological account of the events pre-dating the uprising of January 1, 1994 and the Zapatista struggle through the years. The author examines these events in light of indigenous self-determination, taking into consideration conditions within Mexico, to defend the course of action taken by the EZLN as a means of creating a space for themselves within Mexican society. The author argues the current state of federal Mexican law and international law do not leave Indigenous Peoples, including the EZLN, viable options for resolving injustices committed against them. She also provides an overview of the structure that the …

Integrating Eastern Philosophy Into Western Psychology: A Primer For Students Of Applied Psychology, Erica Hurley, Jennifer L. Callahan

Modern Psychological Studies

A review of undergraduate texts marketed as providing an introduction to clinical psychology located no chapters devoted to the emerging practice of integrating Eastern philosophy with Western psychological practices. Thus, this paper provides students with a primer of this important emerging area by reviewing cultural differences that challenge the successful integration of Eastern philosophy with Western psychology, before focusing specifically on Taoist philosophy and its implications for Western psychotherapy. The congruence of Taoism with the "common" factors of Western psychotherapy (i.e., those mechanisms of change thought to transcend theoretical psychotherapy orientation) will be discussed, as will congruence with "specific" cognitive …

Multiple Forms Of Atypical Rearrangements Generating Supernumerary Derivative Chromosome 15., Nicholas J Wang, Alexander S Parokonny, Karen N Thatcher, Jennette Driscoll, Barbara M Malone, Naghmeh Dorrani, Marian Sigman, Janine M Lasalle, N Carolyn Schanen

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: Maternally-derived duplications that include the imprinted region on the proximal long arm of chromosome 15 underlie a complex neurobehavioral disorder characterized by cognitive impairment, seizures and a substantial risk for autism spectrum disorders1. The duplications most often take the form of a supernumerary pseudodicentric derivative chromosome 15 [der(15)] that has been called inverted duplication 15 or isodicentric 15 [idic(15)], although interstitial rearrangements also occur. Similar to the deletions found in most cases of Angelman and Prader Willi syndrome, the duplications appear to be mediated by unequal homologous recombination involving low copy repeats (LCR) that are found clustered in the …

Temporal And Functional Profile Of The Transcriptional Regulatory Network In The Early Regenerative Response To Partial Hepatectomy In The Rat., Egle Juskeviciute, Rajanikanth Vadigepalli, Jan B Hoek

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: The goal of these studies was to characterize the transcriptional network regulating changes in gene expression in the remnant liver of the rat after 70% partial hepatectomy (PHx) during the early phase response including the transition of hepatocytes from the quiescent (G0) state and the onset of the G1 phase of the cell cycle. RESULTS: The transcriptome of remnant livers was monitored at 1, 2, 4, and 6 hours after PHx using cDNA microarrays. Differentially regulated genes were grouped into six clusters according their temporal expression profiles. Promoter regions of genes in these clusters were examined for shared transcription …

Elucidating A Normal Function Of Huntingtin By Functional And Microarray Analysis Of Huntingtin-Null Mouse Embryonic Fibroblasts., Hua Zhang, Sudipto Das, Quan-Zhen Li, Ioannis Dragatsis, Joyce Repa, Scott Zeitlin, György Hajnóczky, Ilya Bezprozvanny

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: The polyglutamine expansion in huntingtin (Htt) protein is a cause of Huntington's disease (HD). Htt is an essential gene as deletion of the mouse Htt gene homolog (Hdh) is embryonic lethal in mice. Therefore, in addition to elucidating the mechanisms responsible for polyQ-mediated pathology, it is also important to understand the normal function of Htt protein for both basic biology and for HD. RESULTS: To systematically search for a mouse Htt function, we took advantage of the Hdh +/- and Hdh-floxed mice and generated four mouse embryonic fibroblast (MEF) cells lines which contain a single copy of the Hdh …

Prolonged Hemophagocytic Lymphohistiocytosis Syndrome As An Initial Presentation Of Hodgkin Lymphoma: A Case Report., Kathryn Chan, Eric Behling, David S Strayer, William S Kocher, Scott K Dessain

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

INTRODUCTION: Hemophagocytic lymphohistiocytosis is an immune-mediated syndrome that typically has a rapidly progressive course that can result in pancytopenia, coagulopathy, multi-system organ failure and death. CASE PRESENTATION: A 57-year-old Caucasian woman was referred in fulminant hemophagocytic lymphohistiocytosis, with fever, pancytopenia, splenomegaly, mental status changes and respiratory failure. She was found to have stage IV classical Hodgkin lymphoma, in addition to Epstein-Barr virus and cytomegalovirus viremia. Her presentation was preceded by a 3-year prodrome consisting of cytopenia and fever that were partially controlled by steroids and azathioprine. CONCLUSION: Fulminant hemophagocytic lymphohistiocytosis may follow a prodromal phase that possesses features suggestive of …

Multiple Paths To Critical Reflection: A Flexible Model Of Teacher Learning And Its Impact On Student Achievement, Susan B. Koba, Carol T. Mitchell

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

This research evaluated impact of the Omaha Public Schools' Urban Systemic Program professional development model on mathematics and science teacher change and student achievement. The model offered various participation pathways, focused teachers' learning in three areas (beliefs, content, and pedagogy) and required teacher reflection during classroom strategy implementation. To determine teacher change, observations, interviews, action research, pre-post perception profiles, retrospective pre-post surveys (beliefs and understandings), and exit surveys were completed. Participants' action research determined impact . on students' understandings. Criterion Referenced· Tests, as well as leadership pre- and post- surveys, action research and interviews determined school change. To evaluate program …

Neptunia Plena (Fabaceae: Mimosoideae) Rediscovered In Texas, Alfred Richardson, Ken King

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

On October 17, 1938, Robert Runyon collected a specimen of Neptunia plena from a shallow pond south of Armstrong in Kenedy County, Texas. No subsequent collections from Texas have been reported . It was assumed that it was not a permanent member of our flora. On October 27, 2007, a population of N. plena was found near the same locality.

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El 17 de octubre de 1938, Robert Runyon recogió un espécimen de Neptunia plena de una charca somera de Armstrong en el condado de Kenedy, Tejas. No se ha encontrado ninguna colección posterior de Tejas. Fue asumido que no …

Effects Of Blueberries On Mortality Rates And Indy Gene Expression In Drosophila Melanogaster, Jenna N. Derr, Tamara L. Smith, Kimberly A. Carlson

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Aging may involve free radical accumulation, which causes cell damage. Foods with antioxidant properties, such as blueberries, have been implicated as being able to extend the longevity of an organism. In addition to environmental factors, genetics also plays a role in aging and death.. In Drosophila melanogaster, one of the genes involved in longevity is Indy (I'm not dead yet). Mutations to this gene have demonstrated the ability to increase lifespan. The objective of this experiment was to determine if blueberries added to instant fly food affects mortality rates and Indy gene expression profiles of female D. …

Intelligent Modular Tool For Emergency Surgical Treatment During Payloadcritical Missions, David J. Miller, Evan Luxon, Carl A. Nelson

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

During any extended mission to an extreme environment (i.e. the International Space Station, a lunar base or a manned mission to Mars) the chances of an otherwise minor mJury becoming life threatening grow to be significant. In order to address these concerns, equipment must be provided to diagnose and treat a wide range of possible afflictions while direct contact with Earth-based physicians is impossible. Minimally invasive surgery (MIS) is an excellent treatment option due to its history of decreasing trauma in patients and speeding recovery. In an effort to provide the maximum functionality for any given MIS procedure, an intelligent …

Hannibal Woods: An Eastern Deciduous Forest Remnant In Howard County, Nebraska, Steven J. Rothenberger

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Hannibal Woods is a small, oak-ash (Quercus macrocarpa/ Fraxinus pensylvanica) forest relict located on the south and west sides of Dannebrog, Nebraska. The site was first studied in 1996 as part of a botanical survey of the Loup River Valley. Since the initial work, plant collections have been made several times each growing season through 2005, and an annotated list of plant species has been compiled. This study reports a total of 271 plant species representing 62 families including 86 species that are new records for Howard County. The mature bur oaks at this site average 84.0 cm …

Northern Pike (Esox Lucius) Population Characteristics And Relations To Recruitment In Hackberry Lake, Nebraska, Joseph J. Rydell, Jeffrey C. Jolley, Quinton E. Phelps, David W. Willis

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Knowledge of the population structure of northern pike (Esox lucius), an important recreational and toplevel piscivore, is essential to Nebraska Sandhill lakes management. We collected a sample of adult northern pike from Hackberry Lake in June and July of 2004. Proportional stock density (PSD) was 98 (95% CI = ± 3) and relative stock density of preferredlength fish (RSD-P) was 40 (95% CI = ± 9). Northern pike were aged using sagittal otoliths, and fish from the 1993 to the 2002 year classes were present in our population sample. Age-frequency histograms revealed relatively consistent recruitment of northern pike, …

Exercise And Diabetes Influence Antioxidant Activity And Gene Expression In Female Rats, Janet E. Steele, Karynn E. Kucera, Cory A. Ciccone, Mary E. Connealy

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

The goal of this study was to examine the influence of exercise training and type I diabetes on the activity of aconitase and superoxide dismutase (SOD), on levels of reduced glutathione (GSH), on the expression of genes responsible for glutathione synthesis (Gclc, g-glutamylcysteine synthase; Gss, glutathione synthetase), and on the expression of genes responsible for the formation of two potassium channels (Kcnd2, I_to; KCNQl, I_Ks) in cardiac muscle. Forty female Sprague-Dawley rats were divided into four groups: sedentary controls, sedentary diabetics, trained controls, and trained diabetics. Diabetes was induced via streptozotocin injection, and training consisted of …

Continuous Source Of Care Among Young Underserved Children: Associated Characteristics And Use Of Recommended Parenting Practices., Esther K Chung, Leny Mathew, Kelly F Mccollum, Irma T Elo, Jennifer F Culhane

Department of Pediatrics Faculty Papers

OBJECTIVES: The aim of this study was to 1) assess sociodemographic and health characteristics associated with having a continuous source of care (CSOC) among young children and 2) determine the relationship between having a CSOC and use of parenting practices.

METHODS: We conducted a prospective, community-based survey of women receiving prenatal care at Philadelphia community health centers. We conducted surveys at the first prenatal visit and at a mean age +/- standard deviation of 3 +/-1, 11 +/- 1, and 24 +/- 2 months postpartum, obtaining information on sociodemographic and health characteristics, child's health care provider, and 6 parenting practices. …

Common Carp (Cyprinus Carpio) Population Characteristics And Recruitment In Two Nebraska Sandhill Lakes, David P. Coulter, Jeffrey C. Jolley, Kris R. Edwards, David W. Willis

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

Common carp (Cyprinus carpio) are a non-native fish in the United States. Due to their prolific nature, they may have detrimental effects on fish and waterfowl communities, including those of Nebraska Sandhill lakes. Information regarding population structure, age, and growth of common carp in Nebraska Sandhill lakes is lacking. We examined adult common carp populations from Marsh and Pelican lakes on the Valentine National Wildlife Refuge. We described size and age structure, growth, and recruitment patterns for these two populations. Age-frequency histograms revealed consistent recruitment of common carp through age 7 in Marsh Lake but inconsistent recruitment in …

Floristic Records In The Platte And Loup River Bottomlands Of Platte County, Nebraska, Michael P. Gutzmer, Robert B. Kaul

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

A recent inventory of vascular plants in the Loup and Platte riverbottoms in Platte County has greatly increased knowledge of the area's flora. Of the 542 species of vascular plants now known to grow in the county, 289 were discovered after 1977, with more than 100 of those after 1990. 425 native and 117 naturalized species are known so far. Nearly 700 native and naturalized alien species are expected to occur in the county, based upon totals from nearby counties. Thus, almost 150 years after European settlement, more than 20% of the species remain unverified; of those, many are undoubtedly …

First Record Of Plagiorchus Micracanthos (Trematoda:Plagiorchiidae) From The Western Small-Footed Myotis, Myotis Ciliolabrum (Chiroptera: Vespertilionidae), Chris T. Mcallister, Charles R. Bursey

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

A western small-footed myotis (Myotis ciliolabrum) from South Dakota harbored 2 plagorchiid trematodes in its small intestine. Both trematodes were identified as Plagiorchis micracanthos Macy, 1931. This is the first report of P. micracanthos from M. ciliolabrum, and the first time this parasite has been reported in a bat from South Dakota. At least 10 other parasites are known to infect and/or infest M. ciliolabrum in North America.

Welcome To Jiae!, Paul Theobald

Journal of Inquiry and Action in Education

Welcome to the Journal of Inquiry and Action in Education

The Effects Of Mismatching Teacher Candidates With Mentoring Teachers, Hibajene Shandomo, Jeremy Zelkowski

Journal of Inquiry and Action in Education

The majority of teacher candidates are eager to enter the field of teaching for their junior participation to try out methods such as Problem Solving Approach that they have been learning throughout their classes at college. In mathematics, for example, semester after semester, I place an emphasis on the use of Problem Solving Approach which is natural to children because the world is new to them. Children exhibit curiosity, intelligence, and flexibility as they face new situations (Principles and standards for school mathematics, 2000). In science, the inquiry method is emphasized. The challenge for preservice teachers is to build on …

The Anatomy Of A Teachable Moment: Implications For Teacher Educators, Phyllis Thompson

Journal of Inquiry and Action in Education

A university professor observes the use of a Native American stereotype by a cooperating teacher in an elementary art classroom while supervising a preservice teacher. She identifies ways that the teacher’s words potentially harmed her students and reflects on her own role. This “teachable moment” is described, and characteristics of institutionalized racism and white dominance are examined as a foundation for racist insensitivities in the classroom. The professor calls for preservice teachers to be prepared in their teacher education programs to be culturally responsive. She draws on a study of preservice teachers mentoring minority children to demonstrate how change can …

The Meaning Of Place And Community In Contemporary Educational Discourse, John Siskar, Paul Theobald

Journal of Inquiry and Action in Education

Place and community are terms used with ever more frequency in discussions, reports, and research related to education, yet there is little agreement related to what these terms mean. This article examines the concepts of place and community in an attempt to bring more clarity to the role they may play in educational theory and, ultimately, educational policy.

Transactions Ofthe Nebraska Academy Of Sciences: Volume 31, 2008 Table Of Contents

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

EDITORIAL CONTENTS

Nebraska Executive Committee, Policy Committee ................... ii

Editorial Board ................... iv

Membership Objectives and Friends of the Academy ................... inside front cover

Nebraska Association of Teachers of Science ................... inside front cover

Preparation of manuscripts ................... inside front cover

PAPERS

Hannibal Woods: An eastern deciduous forest remnant in Howard County, Nebraska (Steven J. Rothenberger) ................... 1

Floristic records in the Platte and Loup River bottomlands of Platte County, Nebraska (Michael P. Gutzmer and Robert B. Kaul) ................... 15

First record of Plagiorchus micracanthos (Trematoda: Plagiorchiidae) from the western small-footed myotis, Myotis ciliolabrum (Chiroptera: Vespertilionidae) (Chris T. McAllister and …