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2009

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A Revision Of The Genus Haroldiataenius Chalumeau (Scarabaeidae: Aphodiinae: Eupariini), Z. Teresa Stebnicka, Paul E. Skelley Jan 2009

A Revision Of The Genus Haroldiataenius Chalumeau (Scarabaeidae: Aphodiinae: Eupariini), Z. Teresa Stebnicka, Paul E. Skelley

Insecta Mundi

The genus Haroldiataenius Chalumeau, 1981 (Aphodiinae: Eupariini) from southern United States, Mexico, and Central America is revised and nine species are recognized. The subgeneric name Sayloria Chalumeau, 1981 is synonymized with Haroldiataenius (sensu stricto) and Ataenius sabinoi Cartwright, 1974 is synonymized with A. lucanus Horn, 1871. Five species are transferred to Haroldiataenius from the genus Ataenius Harold creating the following new combinations: H. convexus (Robinson), H. griffini (Cartwright), H. lucanus (Horn), H. saramari (Cartwright), and H. semipilosus (Van Dyke). One new species, Haroldiataenius buvexus is described from Texas, USA. A key to species of Haroldiataenius is included and …


Making Live And Letting Die: The Biopolitical Effect Of Navajo Nation V. U.S. Forest Service, Jessica M. Erickson Jan 2009

Making Live And Letting Die: The Biopolitical Effect Of Navajo Nation V. U.S. Forest Service, Jessica M. Erickson

Seattle University Law Review

The philosophies of Michel Foucault have long been applied to various cultures and social movements in hopes of gaining insight into how power operates within a societal framework. One philosophy, Foucault’s conception of “biopolitics,” refers to the state’s regulatory control over the population as a whole, or its ability to control the life and death of the citizenry. Instead of exercising power at the level of each individual, “biopower” is exercised on the level of the population; it is the power to make live and let die.

Indian nations have been battling for sovereignty—freedom from external control in determining the …


Effective Oral Argument: Six Pitches, Five Do’S, And Five Don’Ts From One Judge And Two Lawyers, Judge Stephen J. Dwyer, Leonard J. Feldman, Robert G. Nylander Jan 2009

Effective Oral Argument: Six Pitches, Five Do’S, And Five Don’Ts From One Judge And Two Lawyers, Judge Stephen J. Dwyer, Leonard J. Feldman, Robert G. Nylander

Seattle University Law Review

Although it is becoming increasingly common for courts to decide cases without oral argument, the ability to deliver a persuasive oral argument remains critical to a lawyer’s success in trial courts and, perhaps more so, on appeal. Most courts permit oral argument in a significant number of cases, particularly in civil matters where both parties are represented by counsel. In those instances where courts grant oral argument, it is difficult—but not impossible—to change a court’s mind if it has decided to rule in favor of your opponent. However, if the court intends to rule in your favor, the easiest way …


New York’S Amazon Tax Not Out Of The Forest Yet: The Battle Over Affiliate Nexus, Sam Zaprzalka Jan 2009

New York’S Amazon Tax Not Out Of The Forest Yet: The Battle Over Affiliate Nexus, Sam Zaprzalka

Seattle University Law Review

In 2008, New York passed a state sales tax on out-of-state e-tailers by creating a rebuttable presumption that the vendor has a taxable physical presence in New York. Amazon.com and Overstock.com challenged the statute as unconstitutional. The New York Supreme Court disagreed and granted summary judgment to the State of New York. This Comment argues that the NY Court’s dismissal was only partially correct. The court was correct in noting that applying the Statute to the plaintiffs is consistent with the Due Process Clause under current U.S. Supreme Court precedent because the plaintiffs purposefully directed their activities toward New York. …


Panelist Biographies, Editor's Note, Seattle University Law Review Jan 2009

Panelist Biographies, Editor's Note, Seattle University Law Review

Seattle University Law Review

No abstract provided.


During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich Jan 2009

During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich

Seattle University Law Review

This Note analyzes the facts of the Ressam case and the legal analysis applied to it by both the Ninth Circuit and the Supreme Court. Part II discusses the intriguing history of the Ressam case. Part III examines the Ninth Circuit's reasoning in Ressam and shows why the Supreme Court was correct in reversing the improperly decided case. Part IV discusses the possible scope of the explosives statute under each interpretation--without or with a relational element. Finally, Part V concludes by commenting on the future of the explosives statute in light of the Supreme Court's decision, as well as the …


"Spotlight On Re-Search: A New Beginning" : Selected Proceedings Of The 2008 Michigan Teachers Of English To Speakers Of Other Languages Conference, Christen M. Pearson, Kay M. Losey, Michael Pasquale, Pamela S. H. Bogart, Rachel S. Anderson Jan 2009

"Spotlight On Re-Search: A New Beginning" : Selected Proceedings Of The 2008 Michigan Teachers Of English To Speakers Of Other Languages Conference, Christen M. Pearson, Kay M. Losey, Michael Pasquale, Pamela S. H. Bogart, Rachel S. Anderson

MITESOL Proceedings

No abstract provided.


Alexandronicus, Brendon M. Lemon Jan 2009

Alexandronicus, Brendon M. Lemon

Senior Honors Theses and Projects

No abstract provided.


The Effects Of Goldshield Antimicrobial On Bacillus Anthracis Sterne And Clostridium Difficile, Victor Petreca Jan 2009

The Effects Of Goldshield Antimicrobial On Bacillus Anthracis Sterne And Clostridium Difficile, Victor Petreca

Senior Honors Theses and Projects

Clostridium difficile, a non-aerobic spore former, is currently one of the most serious causes of nosocomial infections and antibiotic associated diarrhea (AAD). Due to the resilient nature of spores, its propagation can be difficult to control. Preventing infections through efficient and durable disinfection of hospitals’ facilities would result in diminished contaminations. This project was based on testing the efficacy of a new substance called Goldshield® Antimicrobial (a patented nano-molecular-assembly technology developed at Emory University) against Clostridium difficile. The tests were also done with the aerobic spore forming Bacillus anthracis Sterne.

Goldshield’s active reagents were tested against the …


Senior Piano Lecture Recital, Lynnann Jean Wieringa Jan 2009

Senior Piano Lecture Recital, Lynnann Jean Wieringa

Senior Honors Theses and Projects

No abstract provided.


The Invisiblity Of White Privilege, Michael T. King Jan 2009

The Invisiblity Of White Privilege, Michael T. King

Senior Honors Theses and Projects

People in our society can go through life without knowing about white privilege or realizing they themselves, may have this privilege. The white or lighter skin color of a person has automatic benefits, right from birth, them not ever having to do anything to attain this privilege. The consequences are mostly good and outweigh the bad, for the ones that have white privilege. However, skin that is not white has far more injustices, they are oppressed and they are the ones that suffer, not having this same privilege. This study will recognize awareness, barriers, and successful ways to treat people …


Possibilities Of A Third Epidemiological Occurrence, Sue A. Bentley Jan 2009

Possibilities Of A Third Epidemiological Occurrence, Sue A. Bentley

Senior Honors Theses and Projects

The purpose of this paper is to examine the possibilities of a third epidemiological occurrence. An epidemiological occurrence is where large segments of population and culture have been adversely affected either by disease or through manmade causes of disease. According to World Health Organization an epidemic is an outbreak of a disease that attacks many people at the same time and may spread through more than one community. An endemic outbreak is a disease that exists permanently in a region or within a population. A pandemic is an epidemic that spreads throughout the world.


Exemplar, Winter 2009, Eastern Michigan University Jan 2009

Exemplar, Winter 2009, Eastern Michigan University

Alumni News: Eastern Magazine

No abstract provided.


Creative Maladjustment: Engaging Personal Narrative To Teach Diversity And Social Justice, Ilene L. Ingram Jan 2009

Creative Maladjustment: Engaging Personal Narrative To Teach Diversity And Social Justice, Ilene L. Ingram

Journal of Women in Educational Leadership

We all have stories-beautiful and ugly stories-neat ending and never ending stories. When personal narratives, the stories that come closest to the human ex- perience, are used as pedagogy, they can be windows offering views of different worlds and people. In this way, personal narratives become lanterns that illumi- nate the real and imagined fences that divide us as human beings. The intention of this article is to give an account of both how and why I use personal narrative as a pedagogical method to teach diversity and social justice.


Regulation Of Transglutaminase By 5-Ht2a Receptor Signaling And Calmodulin, Ying Dai Jan 2009

Regulation Of Transglutaminase By 5-Ht2a Receptor Signaling And Calmodulin, Ying Dai

Dissertations

Transglutaminase (TGase), nature’s biological glue, catalyzes the post-translational modification of proteins by formation of intra- and intermolecular protein cross-links or by primary amine incorporation. TGase has various physiological functions, such as skin-barrier formation and blood clot stabilization, whereas increasing evidence indicates they may also involved in neurodegenerative diseases including Huntington’s disease (HD), Alzheimer disease’s, and progressive supranuclear palsy. Mutant huntingtin (htt) and small G proteins (e.g. Rac 1) are potential substrates of TGases. The purpose of this dissertation was to characterize the mechanisms by which 5-HT2A receptor signaling and calmodulin (CaM) regulate TGase-catalyzed transamidation of Rac1 and htt in cultured …


Book Review: Breeding Major Food Staples Edited By Manjit S. Kang And P.M. Priyadarshan, Paul Scott Jan 2009

Book Review: Breeding Major Food Staples Edited By Manjit S. Kang And P.M. Priyadarshan, Paul Scott

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

This book will be primarily of interest to plant breeders and people interested in global food security. As Virmani and Ilyas-Ahmed point out in their chapter on rice breeding, in order to meet the global demand, we will need to produce as much food in the next 50 years as we have produced in the 10,000 years since agriculture began. Plant breeding is clearly part of the solution to this problem. Breeding Major Food Staples is a guide to the improvement of the crops humanity depends on most to meet its nutritional needs. Its strength is its global perspective, which …


Book Review: Rebuilding Native Nations: Strategies For Governance And Development Edited By Miriam Jorgensen, Matthew L.M. Fletcher Jan 2009

Book Review: Rebuilding Native Nations: Strategies For Governance And Development Edited By Miriam Jorgensen, Matthew L.M. Fletcher

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Rebuilding Native Nations is a powerful restatement and reconsideration of American Indian self-determination, a federal policy approaching five decades in age. Its essays draw upon more than a decade of tribal success stories collected and celebrated by the Harvard Project. Individual chapters focus on particular subject areas such as tribal economic development, intergovernmental relations, and tribal constitutional and tribal court development. The authors draw out commonalities about successful nation building in tribal communities, theorizing an underlying basis, and leading readers to understand how to replicate that success. The chapter on tribal courts by Judge Joseph Thomas Flies-Away, Judge Carrie Garrow, …


Historical Changes In The Occurrence And Distribution Of Freshwater Mussels In Kansas, Robert T. Angelo, M. Steve Cringan, Eva Hays, Clint A. Goodrich, Edwin J. Miller, Mark A. Vanscoyoc, Bryan R. Simmons Jan 2009

Historical Changes In The Occurrence And Distribution Of Freshwater Mussels In Kansas, Robert T. Angelo, M. Steve Cringan, Eva Hays, Clint A. Goodrich, Edwin J. Miller, Mark A. Vanscoyoc, Bryan R. Simmons

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

The surface waters of eastern and central Kansas once supported an impressive variety of native freshwater mussels, but a widespread decline in species richness accompanied the urban, industrial, and agricultural development of this region. Statewide mussel surveys implemented during the past two decades have shed new light on the scope and severity of this decline. Of the 48 mussel species originally known from Kansas, six are now extirpated, one lacks reproductively viable populations (i.e., faces imminent extirpation), and 38 others have suffered evident range reductions or a widespread thinning of former populations. Soil erosion and stream siltation, other forms of …


Book Review: Hard Road West: History And Geology Along The Gold Rush Trail By Keith Heyer Meldahl., Harmon D. Maher Jr. Jan 2009

Book Review: Hard Road West: History And Geology Along The Gold Rush Trail By Keith Heyer Meldahl., Harmon D. Maher Jr.

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

The dust jacket of Hard Road West promises familiar pleasures to John McPhee lovers, and so I picked the book up with great anticipation. McPhee’s works have greatly heightened the interest of writers and readers in the genre of creative nonfiction, and while for me, Keith Meldahl’s work does not quite reach McPhee’s stratospheric heights, for the right audience it is definitely a very good read.

The book is organized from east to west, forward in time, following in detail the wagon trail journey to the California gold fields. That human migration, driven by the search for geologic riches, provides …


Archeological Interpretation Of The Frontier Battle At Mud Springs, Nebraska, Peter Bleed, Douglas D. Scott Jan 2009

Archeological Interpretation Of The Frontier Battle At Mud Springs, Nebraska, Peter Bleed, Douglas D. Scott

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

Between February 4 and 7, 1865, Cheyenne, Sioux, and Arapaho warriors engaged a force of U.S. Army soldiers at Mud Springs, Nebraska. Historical records from both sides indicate that this fight marked an early phase of the Indian Wars. Based on systematic metal detections, firearms identification, and terrain analysis, this paper adds archeological insights into the arms and tactics used by the opposing sides. Well-armed Native fighters used terrain to approach U.S. troops, who maintained a defensive posture. U.S. soldiers appear to have dug a rifle pit to see approaching attackers.


General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison Jan 2009

General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Medical Hope, Legal Pitfalls: Potential Legal Issues In The Emerging Field Of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, Teresa K. Woodruff Jan 2009

Medical Hope, Legal Pitfalls: Potential Legal Issues In The Emerging Field Of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, Teresa K. Woodruff

All Faculty Scholarship

The article will begin its discussion by identifying the values at stake in the field of oncofertility. These values include the constitutional protection of the rights of women and minors to bear children and to use reproduction-assisting technologies, as well as the feminist critique of gendered expectations that may pressure women to use these technologies.

Part III will focus on the medical options of oncofertility. It will also discuss some conditions that may lead otherwise fertile and young patients to lose their ability to bear children as a side-effect of necessary medical treatment. The article will then proceed to discuss …


Criminal Lying, Prosecutorial Power, And Social Meaning, Lisa Kern Griffin Jan 2009

Criminal Lying, Prosecutorial Power, And Social Meaning, Lisa Kern Griffin

Faculty Scholarship

This article concerns the prosecution of defensive dishonesty in the course of federal investigations. It sketches a conceptual framework for violations of 18 U.S.C. § 1001 and related false-statement charges, distinguishes between harmful deception and the typical investigative interaction, and describes the range of lies that fall within the wide margins of the offense. It then places these cases in a socio-legal context, suggesting that some false-statement charges function as penalties for defendants’ refusal to expedite investigations into their own wrongdoing. In those instances, the government positions itself as the victim of the lying offense and reasserts its authority through …


The Post And Lintel, Winter 2009, Preservation Eastern Jan 2009

The Post And Lintel, Winter 2009, Preservation Eastern

Post & Lintel

No abstract provided.


The Case Of Standing Bear: Establishing Personhood Under The Law, Joe Starita Jan 2009

The Case Of Standing Bear: Establishing Personhood Under The Law, Joe Starita

Court Review: Journal of the American Judges Association

At ten o’clock on the morning of May 1, 1879, in Omaha, Nebraska, U.S. District Court Judge Elmer Dundy’s gavel smacked against a wooden bench and the trial of Ma-chu-nah-zha v. George Crook was officially underway. Delayed by heavy spring rains and widespread flooding, the judge had just arrived from Lincoln the night before, but now he was settled at the bench and he asked the attorneys representing Standing Bear to call their first witness.

Willie W. Hamilton, the son of the missionary on the Omaha Reservation, approached the stand. Hamilton, 22, had lived on the reservation for 12 years, …


Wanting The Truth: Comparing Prosecutions Of Investigative And Institutional Deception, Lisa Kern Griffin Jan 2009

Wanting The Truth: Comparing Prosecutions Of Investigative And Institutional Deception, Lisa Kern Griffin

Faculty Scholarship

Defensive dishonesty in criminal investigations has increasingly been prosecuted without standards for identifying harmful deception or other meaningful checks on prosecutorial discretion. Although they are often grouped together statistically and evaluated as comparable crimes, there is a clear distinction between investigative lies and in-court perjury. The differences between the offenses—including the standards for prosecution, the perceived victim, and the purposes of bringing charges—suggest reasons to reconsider the current approach to investigative lies such as false statements. More truth is produced, and arguably more cooperation results, when the government focuses on the quality of the information flow. The structural protections in …


Constitutions For The 21st Century: Emerging Patterns-The Eu, Iraq, Afghanistan…, Chibli Mallat Jan 2009

Constitutions For The 21st Century: Emerging Patterns-The Eu, Iraq, Afghanistan…, Chibli Mallat

Faculty Scholarship

Professor Mallat delivered the Third Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2004 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. Strong moments in constitution-making often result from traumas; the breakthroughs by the European Union and constitutional achievements by both Iraq and Afghanistan stand as modern examples. The traumas of Europe, Afghanistan, and Iraq have been typified by violent conflict over the past century, including two World Wars, the Cold War, and the ‘war on terrorism’. Efforts and successes at …


A Policy Maker’S Guide To Designing Payments For Ecosystem Services, James Salzman Jan 2009

A Policy Maker’S Guide To Designing Payments For Ecosystem Services, James Salzman

Faculty Scholarship

Over the past five years, there has been increasing interest around the globe in payment schemes for the provision of ecosystem services, such as water purification, carbon sequestration, flood control, etc. Written for an Asian Development Bank project in China, this report provides a user-friendly guide to designing payments for the provision of ecosystem services. Part I explains the different types of ecosystem services, different ways of assessing their value, and why they are traditionally under-protected by law and policy. This is followed by an analysis of when payments for services are a preferable approach to other policy instruments. Part …


Empowering People With Disabilities To Prevent Violence And Abuse, Nancy M. Fitzsimons, Dorothy Bell Wagner Jan 2009

Empowering People With Disabilities To Prevent Violence And Abuse, Nancy M. Fitzsimons, Dorothy Bell Wagner

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of Chapter 7 of the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.


Recognizing And Responding To Violence And Abuse, Nancy M. Fitzsimons Jan 2009

Recognizing And Responding To Violence And Abuse, Nancy M. Fitzsimons

Combating Violence & Abuse of People with Disabilities: A Call to Action

Complete Digitized Text of Chapter 3 of the book Combating Violence & Abuse of People with Disabilities: A Call to Action by Nancy M. Fitzsimons.