Digital Commons Network^™

Flipping The Script: Contra Proferentem And Standard Form Contracts, David Horton

University of Colorado Law Review

Virtually all modern contracts are standard forms. Although courts have long interpreted ambiguities in such agreements strictly against the drafter, they have struggled to explain why they do so. Under sustained academic fire, states are beginning to abandon the strict against-the-drafter doctrine. Recent cases have even refused to certify class actions on the grounds that a corporate defendant's nonnegotiated, unilaterally-dictated contract is ambiguous and thus cannot be construed without individualized extrinsic evidence. This Article claims that the rejection of the strict against-the-drafter rule stems from confusion about its normative foundation. Judges and commentators have offered three rationales for the doctrine: …

Toward A Net-Zero Carbon Planet: A Policy Proposal, Matthew J. Kiefer

University of Colorado Law Review

The effort to address climate change is global in scale and increasingly urgent, yet it lacks an effective policy framework. President Obama's determination to elevate clean energy to a national policy priority, Congress's consideration of a federal cap-and-trade regime for greenhouse gases, and the upcoming revisions to the Kyoto Protocol all provide an opportunity to move toward adopting a globally balanced carbon budget. A balanced carbon budget could replace the current, somewhat arbitrary greenhouse gas reduction targets with a scientifically derived calibration limiting global carbon emissions to the rate of carbon absorption. Carbon sub-budgets could then be allocated to each …

Custom-Made Helmet Fabrication For Occupational Therapists Treating Patients With Traumatic Brain Injury, Megan Schill, Michael Shae

Occupational Therapy Capstones

Soldiers within the Veteran's Administration who have sustained a traumatic brain injury (TBI) were the focus of this project. Reports showed a growing number of soldiers have returned from Iraq with head injuries, including cranial and brain defects (Defense and Veterans Brain Injury Center, 2007). Symptoms individuals with TBI commonly exhibit include dizziness, balance problems, sleep problems, excessive fatigue, headaches, and difficulties with cognitive processes. Other symptoms associated with a TBI are blurred vision, ringing in the ears, and bad tastes in the mouth (National Institute of Neurological Disorders and Stroke, 2007). The purpose of this project was to develop …

Electroporation For The Delivery Of Dna-Based Vaccines And Immunotherapeutics: Current Clinical Developments, Angela M. Bodles-Brakhop, Richard Heller, Ruxandra Draghia-Akli

Bioelectrics Publications

Electroporation (EP) has been used in basic research for the past 25 years to aid in the transfer of DNA into cells in vitro. EP in vivo enhances transfer of DNA vaccines and therapeutic plasmids to the skin, muscle, tumors, and other tissues resulting in high levels of expression, often with serological and clinical benefits. the recent interest in nonviral gene transfer as treatment options for a vast array of conditions has resulted in the refinement and optimization of EP technology. current research has revealed that EP can be successfully used in many species, including humans. clinical trials are …

Bridging The Digital Divide: Infusing Digital Storytelling To Improve Literacy Instruction Among Students In Rural Bhutan, Khendum Gyabak

Open Access Theses & Dissertations

The purpose of this qualitative study is to examine the digital divide among public school students in rural Bhutan. The study presents several broad themes relevant to technological innovation, integration of technology initiatives into educational practices and social structures in underdeveloped and developing countries. The aim of this study is to address the possibility of integrating digital storytelling and through the use of these new literacy practices, understand whether technology education could be a sustainable process for empowerment among public school students in rural Bhutan. This study should be of interest to educators and administrators concerned about the future development …

Implication For The Role Of Leptin-Induced Signaling As A Negative Regulator Of Dendritic Cell Function, Oscar Ramirez

Open Access Theses & Dissertations

The incidence of obesity among the distinct world populations has become an ever growing concern. Central to the regulation of obesity is the adipocyte-derived hormone, and in more recent years cytokine, leptin. Leptin plays a central role in the maintenance of food consumption as well as the efficient use of peripheral energy stores. Leptin exerts its physiological role in energy homeostasis by regulating the expression of orexigenic peptides in the central nervous system. However, recent research has implicated leptin in other physiological roles including those of the immune system. As a pleiotropic cytokine, the absence of leptin has been shown …

Caveat Emptor’S Current Role In Louisiana And Islamic Law: Worlds Apart Yet Surprisingly Close, Andrea Borroni, Charles Tabor

Journal of Civil Law Studies

Caveat emptor is one of the most well known maxims of the legal world. Interpreters from different countries have their own understanding of this doctrine. At first glance, Louisiana law and Islamic law have nothing in common. Louisiana, at least superficially, adheres to the great civil law tradition that the legislature is supreme. Its primary sources of law are legislation and custom. Islamic law is divine in origin, a direct manifestation of Allah’s will. Its primary sources of law are the Koran and the wisdom of the Prophet Muhammad. Yet, in practice, these two systems have developed surprisingly similar approaches …

Effectiveness Of Zinc Given Intra-Nasally Or Orally To Newly Received Stocker Cattle Against Bovine Respiratory Disease And Effects On Growth Performance, Amy Guernsey, Beth Kegley, Jeremy Powell, Doug Galloway, Alicia White, Steve Breeding

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Beef calves (n = 88) were purchased from regional auction barns and delivered as a single group. Upon arrival, cattle were assigned to eight pens. Pens were assigned randomly to one of three treatments; two pens received 3 mL of a nasal spray solution (10.8 mg Zn/mL) into each nostril using a single-use nasal atomizer; three pens received 40 mL of an oral drench (16.25 mg Zn/mL), and three pens received no Zn at processing (negative control). Appropriate treatments were administered at processing on d 0 of the 43-d study. After treatment, cattle were worked and housed so they did …

Measurement Of Transient Smoke Emissions From Diesel And Biodiesel Fuel Blends In An Agricultural Tractor, Kristin M. Pennington, Sonia R. Munoz, Donald M. Johnson, George Wardlow

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Transient smoke emissions pose potential hazards to human health and the environment. With the increased popularity of biodiesel, there is a need to determine if these fuels produce different levels of particulate matter in exhaust emissions. This study examined the transient smoke emissions of three fuels: No. 2 petroleum diesel fuel (D2, ASTM D 975), a blend of 20% biodiesel and 80% petroleum diesel (B20, ASTM 6751), and a 100% pure biodiesel derived from animal fats (B100, ASTM D 6751). Measurements of smoke emissions were taken using the SAE J1677 snap acceleration test procedure on a John Deere 3203 compact …

Condition Relative To Phenotype For Bass Populations In Southern Arkansas Lakes, R. Allen, C. Cato, Colton Dennis, Ronald L. Johnson

Journal of the Arkansas Academy of Science

Southern Arkansas reservoir largemouth bass populations (Micropterus salmoides) are often supplemented with stocks of Florida bass (M. floridanus) in an attempt to boost the frequency of hybrid and trophy bass. Stocking rates of Florida bass among these lakes are highly variable. We determined bass phenotype composition among 12 lake populations based upon stocking protocols: exclusively Florida bass, primarily Florida bass, mixed stocking protocol and primarily largemouth bass. We also compared condition among phenotypes (n =2,100) to test for hybrid or phenotype vigor. Mean relative weight of bass for most lakes but SWEPCO Lake (mean Wr = 72) were ≥ 90. …

Temporal Changes Of Largemouth Bass Alleles In A Northern Arkansas Reservoir Stocked With Florida Bass, R. Allen, Ronald L. Johnson

Journal of the Arkansas Academy of Science

Southwest Electric Power Company (SWEPCO) Lake in northwest Arkansas is a thermal cooling pond for the Flint Creek Power Station. This reservoir has been regularly stocked with Florida bass (Micropterus floridanus) on top of a pre-existent largemouth bass (M. salmoides) population since its creation in 1976. Allozyme analysis of diagnostic loci in 1995-1996 revealed that 62% of the alleles were Florida bass alleles and that most fish were FX hybrids (77%). Microsatellite analysis of diagnostic loci in 2006 revealed that 78% of the alleles were Florida bass alleles and that most fish were FX-Florida hybrid bass (59%), with the remainder …

Religious Rituals In Tayabas, Jayeel Cornelio

Development Studies Faculty Publications

I was one of the research leaders of the Ateneo Cultural Laboratory 2009 in Tayabas, Quezon Province, Philippines. Funded by Fundacion Santiago, the project has released a report offering a comprehensive documentation, analysis, and policy proposals regarding the various aspects of the cultural heritage of Tayabas. This chapter specifically deals with the town's religious rituals which showcase how Catholicism, while deeply embedded in everyday life, also manifests elements that may be pre-Hispanic in character. The paper ends by emphasising a community-based approach to the preservation of these fascinating religious rituals. The report is now in the hands of Fundacion Santiago …

Focal Acidosis In The Pre-Bötzinger Complex Area Of Awake Goats Induces A Mild Tachypnea, K. L. Krause, Hubert V. Forster, S. E. Davis, T. Kiner, Joshua M. Bonis, Lawrence Pan, B. Qian

Physical Therapy Faculty Research and Publications

There are widespread chemosensitive areas in the brain with varying effects on breathing. In the awake goat, microdialyzing (MD) 50% CO(2) at multiple sites within the medullary raphe increases pulmonary ventilation (Vi), blood pressure, heart rate, and metabolic rate (Vo(2)) (11), while MD in the rostral and caudal cerebellar fastigial nucleus has a stimulating and depressant effect, respectively, on these variables (17). In the anesthetized cat, the pre-Bötzinger complex (preBötzC), a hypothesized respiratory rhythm generator, increases phrenic nerve activity after an acetazolamide-induced acidosis (31, 32). To gain insight into the effects of focal acidosis (FA) within the preBötzC during physiological …

Concert Recording 2009-03-27, Emily Nelson, Kristin Harwell, James Greeson

Concert Recordings & Programs

Orange dawn / Ian Clarke -- Sonatine for flute and piano / Henri Dutilleux -- L'aube enchantee / Ravi Shankar -- L'oiseau blesse / Denis Gougeon -- Renaissance concerto / Lukas Foss

Presidential Popular Constitutionalism, Jedidiah Purdy

Fordham Law Review

This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S. Constitution is interpreted (1) as a set of defining national commitments and practices, not necessarily anchored in the text of the document, and (2) by citizens and elected politicians outside the judiciary. Wide-ranging and ground-breaking scholarship in this area has neglected the role of the President as a popular constitutional interpreter, articulating and revising normative accounts of the nation that interact dynamically with citizens’ constitutional understandings. This Article sets out a “grammar” of …

Development And Localization Of Spike-Wave Seizures In Animal Models, Damien Jon Ellens

Yale Medicine Thesis Digital Library

Animal models allow for detailed investigation of neuronal function, particularly invasive localization and developmental studies not possible in humans. This thesis will review the technical challenges of simultaneous EEG-fMRI, and epileptogenesis studies in animal models, including issues related to anesthesia, movement, signal artifact, physiology, electrode compatibility, data acquisition, and data analysis, and review recent findings from simultaneous EEG-fMRI studies in epilepsy and other fields. Original research will be presented on the localization of neuronal networks involved during spike-and-wave seizures in the WAG/Rij rat, a model of human absence epilepsy. Simultaneous EEG-fMRI at 9 Tesla, complimented by parallel electrophysiology, including Multiple …

Hemangiomas Of Infancy: Mesenchymal Stem Cell Tumors Of Perivascular Origin, Christopher Spock

Yale Medicine Thesis Digital Library

Introduction: Hemangiomas of infancy (HOI) are the most common benign tumor of childhood. Initially thought to be composed entirely of endothelial cells, it has recently been shown that mesenchymal stem cells reside within these tumors. We propose that hemangiomas represent mesenchymal stem cell tumors of pericyte origin, as demonstrated by expression of pericytic markers (NG2, PDGFR-β, and DLK), neural crest origin (expression of nestin and sox10), expression of factors that play a role in the maintenance of stem cell pluripotency (Oct4, Sox2, Nanog, C-myc, and piRNAs), and a microRNA expression profile suggestive of mesenchymal stem cells. Methods: Quantitative RT-PCR was …

Karyotyping And Localization Of Genes On The Chromosomes Of The Sea Urchins, Strongylocentrotus Drobachiensis And Strongylocentrotus Purpuratus, Celeste Chloe Eno

Master's Theses and Capstones

The purple sea urchin, Strongylocentrotus purpuratus , is an important model for probing gene interactions during animal development and is the only non-chordate deuterostome for which a complete genome sequence is available. None of the genes cloned in this project have been localized on chromosomes, and maps of gene loci for S. purpuratus and for all sea urchin species do not exist. Here I provide a description of the first successful methods for karyotyping and localizing of specific gene loci on chromosomes of the purple sea urchin, Strongylocentrotus purpuratus and also of the related green sea urchin, Strongylocentrotus droebachiensis.

Both …

Temporal Expression Of Progesterone And Proteins Associated With Prostaglandin F2alpha-Induced Luteolysis In The Sheep, Darren E. Ferguson

Master's Theses and Capstones

To better understand the events associated with the functional and structural regression of the corpus luteum (CL), the temporal expression of steroidogenic acute regulatory (StAR) protein, progesterone (P4), matrix metalloproteinase (MMP)-2 and -9, tissue inhibitor of metalloproteinase (TIMP)-1 and -2, cyclooxygenase (COX)-1 and -2 was determined following three systemic infusions of PGF2alpha, in sheep. Luteectomies were performed at 0 hour (controls) or at -1, 1, 8, 16, and 24 hours relative to the third infusion of PGF2alpha. Plasma samples were also collected. StAR decreased 60 and 45% at the 16 and 24 hour time points, respectively, while P4 reached a …

Effects Of Forested Buffers And Wetland Characteristics On Vernal Pool Macroinvertebrate Assemblages, Joanne Evelyn Theriault

Master's Theses and Capstones

From 2005-2007, I sampled macroinvertebrates at 10 vernal pools to determine the effects of forested buffer treatments (30-m or 100-m). I grouped taxa into three subgroups: taxa enumerated and identified to genus (Trichopterans, Anisopterans, Coleopterans, and Hemipterans); taxa identified to family and documented as present or absent; and predatory taxa (enumerated and identified to genus). I measured hydroperiod, surface area, pH, conductivity, substrate cover, canopy cover, and annual and seasonal variability and used Non-Metric Multidimensional Scaling (NMS) to examine effects on composition. Finally, I analyzed NMS scores using Linear Mixed Models. Buffer treatments explained a significant amount of variation in …

The Effect Of Diet And Polybrominated Diphenyl Ether (Pbde) Exposure On Adipocyte And Whole Body Metabolism In Male Wistar Rats, Erin L. Allgood

Master's Theses and Capstones

PBDEs, lipophilic flame-retardant chemicals, are considered to be endocrine-disrupting compounds and potential obesogens. This study investigated PBDE exposure plus a high-fat/high-sugar diet in rats. Twenty-eight male Wistar rats were fed either a control or high-fat/high-sugar diet and gavaged with either 18 mg/kg PBDEs or corn oil daily for 4 weeks. Body weight and food intake were measured 3x/week. At 3 weeks, 24-hr whole-body metabolism was measured. At 4 weeks, blood was sampled for T4 and insulin, epididymal adipose tissue was removed and adipocyte lipolytic response to varying concentrations of isoproterenol was measured. PBDE administration significantly increased weight gain, decreased T4 …

An Assessment Of Stress In Acer Saccharum As A Possible Response To Climate Change, Martha Carlson

Master's Theses and Capstones

Climate change is projected to extirpate Acer saccharum throughout its range in the United States. The current investigation evaluates the potential of spectral indices of foliar reflectance, measures of leaf area and bud quality, and historic trends in sap sugar and wood increments for detecting stress in sugar maple.

Thirty trees were examined in 10 plots on 5 sugar bushes in or near the Bearcamp Valley, New Hampshire, over the course of the 2008 growing season. The study found water stress in 100% of trees; reduced chlorophyll content in 60%; early abscission of leaves in 80%; reduced growing season in …

Effect Of Organic Solvents And Cosolvents On Lipase-Catalyzed Transesterification Of Canola Oil, Boyi Fu

Master's Theses and Capstones

In this thesis, the effect of organic solvents and cosolvents on enzymatic transesterification of canola oil by Candida antarctica lipase was investigated. Twenty-eight organic solvents were assessed and hydrophobic iso-octane was found to be the ideal solvent. Relatively high product yields were also obtained with several hydrophilic solvents possessing high miscibility with methanol. Various solvent-cosolvent mixtures were established to enhance both enzyme activity and mass transfer of substrates. Each mixture comprised a hydrophobic solvent and a hydrophilic cosolvent. At low cosolvent concentrations, biodiesel yield may be enhanced due to improvement in the dispersion of methanol in the cosolvent media. However, …

Extrapolating Hyperspectral Anthocyanin Indices To Multispectral Satellite Sensors---Applications To Fall Foliage In New England, Erica Lindgren

Master's Theses and Capstones

Anthocyanin, thought to be a universal indicator of plant stress, is a red pigment found in many plant species and can seen in New England autumns. Detecting its presence is useful for ecosystem analysis and monitoring changes during autumn senescence. Currently fall foliage is subjectively measured; creation of a satellite-based anthocyanin index will provide an objective measurement and enhance understanding of the distribution of plant stress and senescence over large areas. Anthocyanin indices were tested hyperspectrally in a laboratory setting, then indices were simulated for Hyperion, MERIS, MODIS, and Landsat TM/ETM+ to see which most accurately represents changes in anthocyanin …

Contributions Of Groundwater Seepage To The Water And Nutrient Budget Of Mendums Pond Barrington, New Hampshire, Susan E. Wilderman

Master's Theses and Capstones

An understanding of the rates of groundwater seepage into and out of a pond or lake is important in assessing the flux of contaminants in a given system. Many studies have assessed the contribution of overland runoff and precipitation to freshwater pollution, but few have focused on direct measurement of groundwater inputs of nutrients and water to lakes. Spatial variation and natural heterogeneity of groundwater seepage around a large pond or lake can vary and make it an ambiguous and challenging parameter to quantify. The amount of groundwater seepage is thought to be related to the physical characteristics of a …

Laver (Porphyra Spp) And Soy Protein Concentrate As Alternative Proteins In Diets For Juvenile Atlantic Cod, Gadus Morhua, Abigail B. Walker

Master's Theses and Capstones

Fishmeal is the main ingredient in formulated fish feeds, and the cost of this commodity is the largest and most volatile recurrent expenditure by the finfish aquaculture industry. Additionally, the reliance on wild-harvested forage species raises concerns about the industry's ecological impacts. Marine macroalgae and soy-derived feed ingredients both have merits as alternative proteins for piscivorous marine fish. Atlantic cod, in particular, have a highly adaptable digestive system and perform well with alternative protein diets.

Atlantic cod, Gadus morhua, juveniles (initial body weights: 15.6 g, 87.9 g, and 15.92 g) were fed iso-nitrogenous, iso-caloric diets to evaluate two alternative proteins. …

Separation Of River Network Scale Nitrogen Removal Among Main Channel And Two Transient Storage Compartments, Robert James Stewart

Master's Theses and Capstones

Reach scale experiments have shown that transient storage (TS) could be an important control on dissolved inorganic nitrogen (DIN) export to coastal waters. Here, the relative roles the main channel (MC), surface TS (STS) and hyporheic TS (HTS) have in DIN removal at the network scale are investigated using a model applied to the Ipswich River in Massachusetts. Collaborative field investigations in 1st through 5th order reaches of the Ipswich River provided the mean and range for the hydraulic parameters controlling TS connectivity and residence time. DIN removal was simulated in the MC, STS and HTS compartments for every river …

Assessing Spatial Distributions Of Cyanobacteria And Microcystins In Nh Lakes With Implications For Lake Monitoring, Amanda Lee Murby

Master's Theses and Capstones

Cyanobacteria pose a threat to the health of humans and wildlife when concentrations are high and the species present are toxic. However, routine monitoring of toxic cyanobacteria in lakes is not typical in the United States and, currently, there are no standards on the allowable limit of cyanotoxins in N.H. water bodies. Phycocyanin (PC) fluorescence was evaluated as an indicator for cyanobacteria densities, with implications for monitoring cyanobacteria and microcystins in lakes. PC fluorescence predicted cultured cyanobacteria, ranging from 0--900,000 cells ml-1 (Adj R 2 0.99, p<0.001). PC fluorescence was also useful for estimating microcystin (MC) concentrations among lakes of varying trophic status (p<0.001) and was more significant than net cyanobacteria counts were for predicting microcystin concentrations (p=0.049). Synoptic, horizontal sampling revealed the significant variability in the spatial distributions of cyanobacteria and microcystins in N.H. lakes.

Insect Responses To Invasive Shrubs In Early-Successional Habitats, Johanna L. Fickenscher

Master's Theses and Capstones

Early-successional habitats are valuable to wildlife species and susceptible to invasive shrubs, possibly negatively affecting biodiversity of whole communities. Insects provide energy links between plants and wildlife, thus, change in insect communities due to invasive shrubs may have detrimental impacts on wildlife---especially nesting songbirds. I gauged how invasive shrubs affect insect abundance, richness, and phenology using flight-intercept trapping and beat/sweeping methods. Lepidopteran larvae were provided a choice to consume native or invasive shrub foliage. Invasive shrubs negatively affected communities with reduced insect abundance and richness on individual shrubs as well as the entire habitat. Lepidopteran larvae preferred native shrub foliage …

Evaluation Of In Vitro Methods To Determine The Digestibility Of Amino Acids In Rumen Undegraded Corn Silage, Shane Michael Fredin

Master's Theses and Capstones

Intestinal and total tract digestibility of crude protein (CP) and amino acids in rumen undegraded protein (RUP-AA) in 5 corn silage hybrids were measured using the mobile bag technique (MBT). Two in vitro methods, the modified three-step procedure (TSP) and an in vitro procedure (IVP) developed by Sapienza Analytica, LLC (Slater, IA), were further evaluated to determine digestibility of RUP-AA in corn silage. Intestinal digestibility of RUP-AA in corn silage varied from 24 to 59%, indicating differences in intestinal digestibility among AA. The TSP and IVP tended to under predict RUP-AA digestibility compared with the MBT. Consequently relationships between the …