Digital Commons Network^™

Trademarks And Human Rights: Oil And Water - Or Chocolate And Peanut Butter, Megan M. Carpenter

Faculty Scholarship

In recent years, there has been a growing discourse at the intersection of intellectual property and human rights. Whether there is a direct connection between intellectual property, or the subjects of intellectual property, on the one hand, and human rights, on the other, has been the subject of lively debate. Most recently, the discussion has turned to the field of trademarks, which has prompted the question, Are trademarks human rights? In this article I seek to explore this question, and to consider directly whether there is a proper place for trademarks within the human rights framework-whether trademarks and human rights …

Green Jobs Myths, Andrew P. Morris, William T. Bogart, Andrew Dorchak, Roger E. Meiners

Faculty Scholarship

A rapidly growing literature promises that a massive program of government mandates, subsidies, and forced technological interventions will reward the nation with an economy brimming with green jobs. Not only will these jobs improve the environment, but they will be high paying, interesting, and provide collective rights. This literature is built on mythologies about economics, forecasting, and technology.

In this Article, we survey the green jobs literature, analyze its assumptions, and show how the special interest groups promoting the idea of green jobs have embedded dubious assumptions and techniques within their analyses. Before undertaking efforts to restructure and possibly impoverish …

From Here To Beijing: Public/Private Overlaps In Trade And Their Effects On U.S. Law, Elizabeth Trujillo

Faculty Scholarship

Recent news involving contaminated pet food and unsafe toys imported from China makes us question the legal frameworks that facilitated such incidences and stirs anti-globalization sentiment. While consumers wonder about the role of their governments in this context and look for judicial remedies, deeper questions arise regarding the international forces lying beneath the surface of the legal remedial work of our domestic courts. This paper explores the international trade paradigm in place that facilitates the inner workings of private investors and has trickling effects on domestic law. Furthermore, it will show that the trade regime is transnational in nature, consisting …

Borders And The Environment, Andrew P. Morriss, Roger E. Meiners

Faculty Scholarship

Despite regular acknowledgement of the interconnectedness of global ecosystems, government policies at the national level focus on environmental problems within their borders. As a result, the level of public and private resources expended on environmental protection in rich and poor countries is dramatically different on both a per capita and an absolute basis. While this outcome is readily explained by the politics of environmental issues, in which voters reward governments for domestic expenditures but are skeptical of expenditures outside the jurisdiction, these differences mean that the total amount of environmental quality purchased across nations is lower than it could be. …

Disestablishing Environmentalism, Andrew P. Morriss, Benjamin D. Cramer

Faculty Scholarship

The debate over environmental policy is increasingly conducted in language with strong religious overtones. Both proponents and opponents of various environmental policies appeal to religious doctrine to support their positions: Those who question human-caused global warming are labeled "heretics, " while appeals for environmental "stewardship" echo Biblical texts. Religious groups play an important role in defining environmental policy issues, and both supporters and critics of specific environmental policy views have labeled particular sets of beliefs about the environment a "religion." In this Article we engage in a thought experiment, arguing that there are valuable lessons to be learned from treating …

Firm's Image Restoration Strategies: Cases In Ethical Apologia In Corporate Crisis, Kristin D. Mcdonald

Theses and Dissertations

This paper examines ethical behavior in organizations and the decisions made when faced with a crisis. The research looks at the anatomy of a crisis and the stages of a crisis (Gottschalk, 1993). The image restoration strategies are also included, along with the justification for image restoration in organizations. The five image restoration strategies are denial, evading responsibility, reducing the offensiveness, corrective action, and mortification (Benoit, 1995). Ethical apologia theory is described in the paper as well as the four factors of verbal defense (Ware and Linkugel, 1973). These four factors are denial, differentiation, bolstering, and transcendence. The paper also …

Femicide In Mexico: From Malinche To Modern Women, Kindall Brooke Scarborough

Theses and Dissertations

Olga Perez was a typical 20-year-old Mexican girl (Valdez 7). Coming from a poor family, she worked at a local shoe store in Juarez to raise money for college (Valdez 7). Wanting to see her daughter attain her dream of receiving higher education, Olga's mother. Irma. also worked several jobs, including selling hamburgers and hotdogs in front of her house, selling used clothing, and serving as a part-time housekeeper (Valdez 7-8). One evening Olga did not return home after a meeting (Valdez 7). It can be assumed that Irma. being Olga's mother, experienced a wide variety of emotions, including sadness, …

Guanophilic Fungi In Three Caves Of Southwestern Puerto Rico, Ángel M. Nieves-Rivera, Carlos J. Santos-Flores, Frank M. Dugan, Thomas E. Miller

International Journal of Speleology

Fifty species of guanophilic (bat guano-loving) fungi were isolated from field-collected samples within three caves in southwestern Puerto Rico; most were mitosporic fungi (23 species). The caves studied were Cueva La Tuna (Cabo Rojo), Cueva de Malano (Sistema de Los Chorros, San Germán), and Cueva Viento (El Convento Cave-Spring System, Guayanilla-Peñuelas). The most conspicuous fungus by far was the zygomycete Circinella umbellata (Mucorales). Circinella umbellata dominated the bat guano incubation chambers (Petri dishes lined with sterile filter paper moistened with sterile water) at ambient laboratory conditions. Nineteen species of basidiomycetes (e.g., Ganoderma cf. resinaceum, Geastrum cf. minimum, Lepiota …

Marine Protected Areas: Legal Framework For The Gully Off The Coast Of Nova Scotia (Canada), Paul Mcnab, David Vanderzwaag

Articles, Book Chapters, & Popular Press

The Gully, a submarine canyon hosting a rich diversity of marine life off Nova Scotia, was designated in 2004 under Canada’s Oceans Act 1996 as a marine protected area (MPA). This case study reviews the Gully MPA legal and management framework through a five-part discussion. First described is the overall Canadian law and policy context for establishing MPAs. Next, specific legislative and regulatory provisions governing the Gully MPA are summarized including the three types of management zones adopted, ranging from strict preservation to multi-use. Management approaches to control human activities in and around the MPA are then described, with a …

Secularism, Religion, And Liberal Democracy In The United States, Kent Greenawalt

Faculty Scholarship

This essay is divided into three categories: some brief remarks about forms of secularism, an outline of American constitutional law as it relates to religion, and a discussion from the standpoint of political philosophy of the proper place of religion (and other similar perspectives) in making political decisions within liberal democracies. Because the audience for whom the oral comments from which the essay is derived was mainly non-American, the middle part of the essay sets out many propositions familiar to anyone acquainted with this branch of constitutional law. And because of the informal nature of the original presentation, I offer …

John Locke On Obligation: Sensation, Reflection, And The Natural Duty To Consent, Emily Crookston

All Theses and Dissertations (ETDs)

DISSERTATION ABSTRACT: John Locke on Obligation: Sensation, Reflection, and the Natural Duty to Consent By Emily Marie Crookston Doctor of Philosophy in Philosophy Washington University in St. Louis, 2009 Professor Larry May, Chairperson Locke's theories of moral and political obligation are instructive both in their successes and in their failures. Writing during a time in which previous assumptions were being widely challenged, Locke judiciously accepts the wisdom of his predecessors as a firm foundation upon which to build his own arguments. Of course, Locke also was not immune to criticism. On the moral obligation side, Locke faces the charge of …

Discounting Of Delayed And Probabilistic Rewards By Women With And Without Binge Eating Disorder, Jamie Manwaring

All Theses and Dissertations (ETDs)

Obese individuals with binge eating disorder: BED) exhibit more general and eating-disordered psychopathology than obese individuals without BED. Binge eating also impedes weight-loss efforts, already difficult in an obese population. A better basic understanding of binge eating and obesity is needed to refine treatments for both conditions. Discounting, an experimental paradigm that examines changes in the value of delayed or uncertain outcomes, may provide an objective assessment of impulsive behavior. Impulsivity may perpetuate binge eating, but discounting tasks have never been evaluated with eating disordered individuals. A discounting procedure could help differentiate individuals with eating/weight problems from controls in terms …

In Vivo Function Of Otopetrin 1 In The Vestibular Sensory Epithelium, Euysoo Kim

All Theses and Dissertations (ETDs)

Otopetrin family genes encode multi-transmembrane domain proteins with three highly conserved domains. In mice, three Otopetrin paralogues are found. One of its members, Otopetrin 1: Otop1) has been previously shown to be essential for the formation of otoconia in the vestibular system of the inner ear. Otoconia are calcium carbonate biominerals that are required for normal balance and the sensation of linear acceleration with respect to gravity. The mechanism by which OTOP1 mediates otoconia biosynthesis is not known, but the ability of OTOP1 to modulate [Ca2+]i in response to purinergic signals in heterologous systems suggest that OTOP1 may be involved …

An Analysis Of Sustainable Economic Development Initiatives: Why Aid Organizations Should Focus On Helping Women, Andrea Rooks

All Theses and Dissertations (ETDs)

No abstract provided.

Social Impact, Edward F. Lawler, Ellen Rostand, Michelle Kassman, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd, A.J. Agee

Social Impact Publication

From the Dean: Our Work in this Economy.;

Interview: Q&A with Paul C. Brophy;

Bookshelf: Understanding Assets: Two new books explore the impact of ownership and assets on individuals and communities;

Perspectives with Matthew Kreuter: Communication Connections;

Building a New Paradigm: Transdisciplinary Research Comes to the Forefront;

A Sense of Place: Place-Based Initiatives Help Communities and Students;

Notebook: Research: Tutoring Produces Big Gains in Student Learning;

Notebook: Research: Free Exercise and Nutrition Program in Brazil Could Serve as Model in United States;

Notebook: Research: Growing Problem for Veterans-Domestic Violence;

Notebook: Message of Service Drives Surge in Peace Corps Applications;

Notebook: …

Geotourism In The Crown Of The Continent , Bynum Boley, Norma P. Nickerson

Institute for Tourism and Recreation Research Publications

Geotourism is a new niche segment of sustainable tourism focused on sustaining and enhancing the geographical character of a place. The purpose of this study was to answer the question: "to what degree do visitors in the 'Crown of the Continent' share the values of geotourism?" Visitors to sites on National Geographic's Crown of the Continent geotourism mapguide were intercepted and asked to fill out a survey regarding their travel values.

Evolutionary Theory And The Origin Of Property Rights, James E. Krier

Articles

For legal scholars, the evolution of property rights has been a topic in search of a theory. My aim here is to draw together various accounts (some of them largely neglected in the legal literature), from dated to modern, and suggest a way they can be melded into a plausible explanation of property's genesis and early development. What results hardly amounts to a theory, but it does suggest an outline for one. Moreover, it provides a primer on the subject, a reasonably solid foundation for thinking and talking about the evolution of property rights.

Concert Recording 2009-09-10, Celeste Johnson, Christy D'Ambrosio, Christy D'Ambrosio

Concert Recordings & Programs

Concert royal I / Francois Couperin -- Sonate pour hautbois et piano / Henri Dutilleux -- Sonate nr. 2 d-moll / George Frederic Handel -- Sonatine / Maurice Ravel ; arr. David Walter

Small Rna-Directed Heterochromatin Formation In The Context Of Development: What Flies Might Learn From Fission Yeast, Kathryn Huisinga, Sarah C.R. Elgin

Biology Faculty Research

A link between the RNAi system and heterochromatin formation has been established in several model organisms including Schizosaccharomyces pombe and Arabidopsis thaliana. However, the data to support a role for small RNAs and the associated machinery in transcriptional gene silencing in animal systems is more tenuous. Using the S. pombe system as a model, we analyze the role of small RNA pathway components and associated small RNAs in regulating transposable elements and potentially directing heterochromatin formation at these elements in Drosophila melanogaster.

Bringing It All Back Home: How To Save Main Street, Ignore K Street, And Thereby Save Wall Street, Robert Hockett

Fordham Urban Law Journal

This article argues that the most effective and constitutionally sound method of solving the mortgage crisis would be directing the Treasury Department to administer TARP through the Federal Housing Administration (FHA) and government-sponsored enterprises Freddie Mac and Fannie Mae The author contends that these were established precisely to deal with low-end mortgage financing and refinancing. However, the present crisis stems directly from intrusions on these institutions' original missions by under-regulated private firms. The author provides an overview of the causes of the mortgage crisis, the founding and functioning of mortgage finance institutions, and ultimately sketches how TARP would be channeled …

Public Interest Litigation: Insights From Theory And Practice, Scott L. Cummings, Deborah L. Rhode

Fordham Urban Law Journal

If public interest litigation has not always delivered all that we desire, it has surely provided no lack of experience. Our challenge now is to integrate these lessons from practice with insights from allied disciplines. Taken together, they remind us of the need to coordinate litigation with broader mobilizing efforts, to think strategically about effectiveness, and to create adequate systems of evaluation and accountability.

A "New Beginning" For Adolescents In Our Criminal Justice System, Judith S. Kaye

Fordham Urban Law Journal

As I step away from the bench, I am feeling more than ever what Dr. Martin Luther King called “the fierce urgency of now.” Now is the time for all of us who care about justice in this country to roll up our sleeves and get to work. We may be in a moment of crisis, but as the saying goes, a crisis is a terrible thing to waste. We urgently need to change our focus from jails and prisons to treatment, education, job training. So where is the “new beginning”? The “new beginning” is not a search for new …

Glimpse Into Simulation And Critical Thinking: A Pilot Study Comparing Utah And Ecuador, Katrina Duncan, Patricia K. Ravert

Faculty Publications

Classroom learning is practiced and applied through simulation, which can help develop critical thinking and clinical judgment skills imperative in clinical settings for both students and new nurse graduates. Simulation is well developed in the United States but is in early stages of use and development in South America.

Patterns Of Spiny Lobster (Panulirus Argus) Postlarval Recruitment In The Carribbean: A Crtr Project, Mark J. Butler Iv, Angela M. Mojica, Eloy Sosa-Cordero, Marines Millet, Paul Sanchez-Navarro, Miguel A. Maldonado, Juan Posada, Bladimir Rodriguez, Carlos M. Rivas, Adrian Oviedo, Marcio Arrone, Martha Prada, Nick Bach, Nilda Jimenez, Maria Del Carmen Garcia-Rivas, Kirah Forman, Donald C. Behringer Jr., Thomas Matthews, Claire Paris, Robert Cowen

Biological Sciences Faculty Publications

As part of the Coral Reef Targeted Research (CRTR) Program, a partnership between the Global Environment Facility and the World Bank, our research team examined the recruitment patterns of Caribbean spiny lobster (Panulirus argus) postlarvae among regions in the Caribbean, with a particular focus on Mesoamerica. Our goal was to collect comparable information on postlarval supply among regions and to provide data to test predictions of connectivity generated from a coupled biophysical oceanographic model of lobster larval dispersal. Here we present the results of the postlarval recruitment monitoring program. We monitored the catch of postlarvae on Witham-style collectors …

‘Dis Poem Is Vex Bout Apartheid’: Representations Of South Africa In Three West Indian Poems, David Álvarez

Peer Reviewed Articles

This article examines the ways in which three West Indian poems written between 1979 and 1992 – “Soweto” by Kamau Brathwaite, “Bedspread” by Lorna Goodison and “We Are Formed from Volcanoes” by Opal Palmer Adisa – engage the history of South Africa under apartheid. I argue that while Africa as a place with its own historical destiny is rarely encountered in West Indian literature, the texts that I probe constitute a minor yet important exception to this rule. At the same time, however, it is clear that the three poets and others who have written or sung about Africa and …

Can Socially Responsible Investment Provide A Means Of Environmental Regulation?, Benjamin J. Richardson

Articles & Book Chapters

The seemingly rapid growth of the market for socially responsible investment ('SRI) in Australia and other jurisdictions promises to make financing decisions more accountable to social and environmental criteria. Indeed, the ability of financiers to withhold funds and thereby hinder development, such as the decision of the Australia and New Zealand Banking Group Ltd in 2008 to shun financing a Tasmanian pulp mill planned by Gunns Ltd, raises hopes that financial institutions could act as surrogate environmental regulators. The long-standing SRI movement arose partly as an answer to the lacunae or weaknesses of official regulation, providing a means by which …

Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson

Articles & Book Chapters

Regulation must target the financial sector, which often funds and profits from environmentally unsustainable development. In an era of global financial markets, the financial sector has a crucial impact on the state of the environment. The long-standing movement for ethically and socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While this movement is gaining more adherents, it has increasingly justified responsible financing as a path to be prosperous, rather than virtuous. This trend partly owes to how financial institutions view their legal responsibilities. The business case motivations that now predominantly drive SRI are not sufficient …

Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott

Articles & Book Chapters

This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies — but uncovers …

Immune Responses To Methamphetamine By Active Immunization With Peptide-Based, Molecular Adjuvant-Containing Vaccines, Michael J. Duryee, Rick A. Bevins, Carmela M. Reichel, Jennifer E. Murray, Yuxiang Dong, Geoffrey M. Thiele, Sam D. Sanderson

Department of Psychology: Faculty Publications

Vaccines to methamphetamine (meth) were designed by covalently attaching a meth hapten (METH) to peptide constructs that contained a conformationally biased, response-selective molecular adjuvant, YSFKPMPLaR (EP54). Rats immunized with EP54-containing meth vaccines generated serum antibody titers to authentic meth, an immune outcome that altered meth self-administration. Immunization increased meth self-administration suggesting pharmacokinetic antagonism. The ability of immune sera to bind a METH-modified target protein dramatically decreased during and shortly after the meth self-administration assay, suggesting effective sequestration of free meth. However, the binding ability of immune sera to the METH-modified target protein was recovered 34 days after meth-free clearance time.

Gene–Environment Interactions Across Development: Exploring Drd2 Genotype And Prenatal Smoking Effects On Self-Regulation, Sandra A. Wiebe, Kimberly Andrews Espy, Christian Stopp, Jennifer Respass, Peter Stewart, Travis R. Jameson, David G. Gilbert, Jodi I. Huggenvik

Department of Psychology: Faculty Publications

Genetic factors dynamically interact with both pre- and postnatal environmental influences to shape development. Considerable attention has been devoted to gene–environment interactions (G × E) on important outcomes (A. Caspi & T. E. Moffitt, 2006). It is also important to consider the possibility that these G × E effects may vary across development, particularly for constructs like self-regulation that emerge slowly, depend on brain regions that change qualitatively in different developmental periods, and thus may be manifested differently. To illustrate one approach to exploring such developmental patterns, the relation between variation in the TaqIA polymorphism, related to D2 dopamine receptor …