Digital Commons Network^™

The Supreme Courts Municipal Bond Decision And The Market-Participant Exception To The Dormant Commerce Clause, Dan T. Coenen

Scholarly Works

Does it violate the dormant Commerce Clause for a state to exempt interest earned on its own bonds, but no others, from income taxation? In a recent decision, the Supreme Court answered this question in the negative. Six members of the Court found the case controlled by the state-self-promotion exception to the dormancy doctrine's antidiscrimination rule. Three of those Justices, however, went further by also invoking the longstanding market-participant exception to sustain the discriminatory state tax break. This Essay challenges that alternative line of analysis. According to the author, the plurality's effort to apply the market-participant principle: (1) invites a …

International Common Law: The Soft Law Of International Tribunals, Timothy L. Meyer, Andrew T. Guzman

Scholarly Works

Rising legalization in the international community has lead to greater use of international tribunals and soft law. This paper explores the intersection of these instruments. The decision of an international tribunal interprets binding legal obligations but is not itself legally binding except, in some instances, as between the parties. The broader, and often more important function of a tribunal's decision - its influence on state behavior beyond the particular case and its impact on perceptions regarding legal obligations - is best characterized as a form of soft law.

Despite its inability to bind states, a tribunal can influence state behavior …

Towards Achieving Lasting Healthcare Reform: Rethinking The American Social Contract, Fazal Khan

Scholarly Works

The famous preamble to the United States Declaration of Independence reflects a concise and eloquent understanding of the Lockean social contract theory that underpinned the foundation of the original American government: that free people will naturally find it in their self-interest to leave the state of nature (and the tyranny of foreign rule) and join a society where a legitimate sovereign power and the rule of law protect the citizens' fundamental rights. As of the writing of this essay, a new decade approaches and both the U.S. Senate and House have passed historic healthcare reform bills. The two legislative bodies, …

What Do Meatpackers & Librarians Have In Common? Library Related Injuries And Possible Solutions, Robert E. Kaehr

The Christian Librarian

This article examines the benefit of exercise to alleviate or prevent injuries common to librarians and library staff. The library literature discusses some interventions such as ergonomics and corrective surgery regarding work-related injuries, but it barely mentions prevention especially as it relates to exercise. Insurance claims filed by library workers rack up thousands of dollars each year. In addition, lost time at work to correct work-related injuries adds much frustration and lost production. Alleviating or eliminating many such occurrences is possible by initiating and maintaining simple exercise programs. Numerous exercises are given that if used conscientiously will curtail the need …

Faith And Learning In The Reference Interview, Lee Anne Paris Ph.D.

The Christian Librarian

The reference interview provides a number of opportunities for Christian librarians to model the integration of faith and learning. When conducting reference interviews, librarians may have the chance to: 1) show a willingness to go the extra mile, 2) provide users with tools for seeking information successfully, 3) discuss information ethics, 4) exhibit openness to different points of view, and 5) demonstrate commitment to seeing individuals as God does. Ultimately, the reference interview can be a means to demonstrate that the life of the mind and the life of the spirit can (and should) be inextricably intertwined for a Christian …

Faith, Librarianship And Technology, Garrett B. Trott

The Christian Librarian

Technology is transforming many venues. Some suggest that the transformation is happening much too quickly, others suggest not quickly enough. As Christians, we have a responsibility to observe this technological transformation through the lens of faith and act upon what we learn. As academic librarians, we have a responsibility to use technology to further the spread of resources to our patrons. How does a Christian librarian respond to changes? Is there a measuring rod by which technology should be evaluated?

This article argues that relationships are the measuring rod by which technology should be evaluated; relationships meaning not simply a …

More Than Just A Number? The Impact Of Age And Generational Affiliation On Christian Academic Librarians’ Beliefs About The Future Of Librarianship And Higher Education, Kimberley Wilcox

The Christian Librarian

This article investigates the relationship between academic librarians’ demographic characteristics and their beliefs about the future of academic librarianship and higher education. The researcher administered a survey to a group of academic librarians at Christian colleges and universities, with the intent of identifying possible correlations between particular demographic characteristics, such as age and generational affiliation, and four pre-established belief constructs. Statistical analysis of the survey results revealed that no significant differences exist between age groups, generational groups, experience levels, geographic locations, or type of institution with regard to Christian academic librarians’ beliefs about the future of academia and academic libraries.

Facebook For Libraries, Lori Thornton

The Christian Librarian

Libraries are looking for ways to reach patrons. Facebook is a Web site that students visit regularly. Opportunities exist to enhance our communication with our users, to promote our libraries, to increase information literacy, and to network with persons inside and outside our primary networks. Libraries should be finding ways to incorporate Facebook, reaching students where they are.

Differences In Nitrate Uptakeamong Benthic Algal Assemblages In A Mountain Stream, Michelle A. Baker, G. De Guzman

Biology Faculty Publications

We evaluated how benthic algal assemblages that vary in composition, richness, and other diversity metrics remove NO 3 -N from the water column of a mountain stream. Ecological theory and empirical studies suggest that ecosystem process rates should increase as richness increases because of niche separation or activity of dominant taxa. Accordingly, we predicted that algal assemblages with highest richness would show the highest rates of NO 3 -N uptake. To test this prediction, we transplanted 225 rocks representing 3 patch types (green, yellow, and brown) that differed macroscopically in algal composition from a lake outflow stream to a lake …

Serum Adenosine Deaminase Activity In Domestic Animals: Reference Values, Nuri̇ Altuğ, Nazmi̇ Yüksek, Zahi̇d Ağaoğlu, İhsan Keleş

Turkish Journal of Veterinary & Animal Sciences

This study was aimed to determine normal serum adenosine deaminase (ADA) activity in domestic animals in both sexes and that were considered healthy on the basis of clinical and laboratory examinations. In this study, 262 non-pregnant animals of both sexes, belonging to 5 species [cattle (n = 50), sheep (n = 65), goat (n = 52), dog (n = 55), and cat (n = 40)] were used. Serum total ADA and ADA1 isoenzyme activities were found to be 6.34 ± 0.31 IU/l and 6.34 ± 0.31 IU/l in cattle, 7.57 ± 0.30 IU/l and 7.31 ± 0.47 IU/l in sheep, …

Which Original Meaning Of The Constitution Matters To Justice Thomas?, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This essay was published as part of a symposium hosted by the New York University Journal of Law and Liberty in March 2009. The journal citation is: Gregory E. Maggs, Which Original Meaning Matters to Justice Thomas?, 4 N.Y.U. J. L. & Liberty 494 (2009).

The essay addresses a basic question about Justice Clarence Thomas’s originalist jurisprudence. When Justice Thomas looks for the original meaning of the Constitution, does he seek (a) the meaning intended by the Framers at the Constitutional Convention in Philadelphia (“original intent”), (b) the meaning as understood by the delegates to the thirteen state ratifying conventions …

Contraception: Securing Feminism’S Promise, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

This paper traces the history of attempts to restrict contraception, the legal events securing widespread access to contraception and their importance to a generation of college-aged women, the short-lived nature of the consensus that produced them, and the potential of the issue to serve as a rallying point for a revitalized feminism. It explores the hypocrisy of a system that, whatever its values, makes reproductive autonomy readily available for the affluent and the sophisticated and increasingly beyond the reach of the most vulnerable. Finally, it considers the potential of contraception as a reframing device, capable of exposing the hypocrisy of …

Effect Of Suburban Transit Oriented Developments On Residential Property Values, Shishir Mathur, Christopher Ferrell

Faculty Publications, Urban and Regional Planning

No abstract provided.

Surgical Correction Of Small Colon Faecalith In A Dare-Shuri Foal, Behrooz Nikahval, Nasser Vesal, Mohsen Ghane

Turkish Journal of Veterinary & Animal Sciences

A 6-month-old male Dare-Shuri foal was admitted for acute abdominal pain unresponsive to medical treatment. The foal was anxious and exhibiting signs of abdominal pain. The foal had not defecated in the previous 5 days and severe abdominal distension was present. Based on clinical signs and the results of the diagnostic work-up, gastrointestinal obstruction was suspected. Midline exploratory celiotomy revealed a faecalith in the small colon. A longitudinal incision was made through the antimesenteric border of the involved intestine and an approximately 350 g mass mostly composed of dried roughage was removed. The day after surgery, intestinal sounds were detectable; …

Regeneration Of Damaged Growth Plate Using Igf-I Plasmid-Releasing Porous Plga Scaffolds, Nirmal Ravi

University of Kentucky Doctoral Dissertations

Growth plate injuries account for 15-30% of long bone fractures in children. About 10% of these result in significant growth disturbances due to formation of a boney bar. If not treated correctly, this can lead to life-lasting consequences of limb length inequalities and angular deformities. Current treatments for growth plate injuries include removal of boney bar and insertion of fat, silicone, bone cement, etc.. This treatment y is inadequate, leaving almost half of these patients with continued deformities. This dissertation reports characterization of a DNA–containing porous poly(lactic-co-glycolic acid) (PLGA) scaffold system, chondrogenesis using insulin-like growth factor I (IGF-I) plasmid-releasing scaffolds …

The Role And Function Of Literacy In Two Homeschooling Families, Kevin Rua

Electronic Theses and Dissertations

Homeschooling is an increasingly popular practice, and this raises questions about how it is carried out. One important area for investigation is the literacy practices of homeschooling. Literacy is often seen as a necessary component of formal schooling. This project investigated the role and function of literacy in two homeschooling families. Specifically the research was designed to answer the following questions:

*How is homeschooling both similar to and different from formal schooling?

*What are the literacy practices of homeschooling? What tools are used in these practices? What knowledge and skills are used in these practices? What are the goals of …

The Characteristics And Functions Of Humor In Psychotherapy: A Qualitative Study, Joshua Gregson

Electronic Theses and Dissertations

Literature on humor in psychotherapy has been strongly influenced by a debate on whether therapists should engage in humor with clients. Many authors urge caution and are suspicious of humor's use by therapists. Others argue that humor is helpful in therapy and illustrate its uses through clinical evidence, mainly anecdotes from the author's experience. The debate on humor's admissibility in psychotherapy treats humor as optional, and thereby ignores its centrality in human relating and its inevitability in the therapeutic relationship.

Since humor inevitably arises in psychotherapy, it is important for therapists to know typical manifestations and meanings of humor in …

Traveling Through The Jungle Of Personal Jurisdiction In The Internet Age, Scott Brinkerhoff

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Quon V. Arch Wireless: The Ninth Circuit Correctly Assess Fourth Amendment Privacy Interests In Workplace Text-Messaging, Marvin A. Liang

SMU Science and Technology Law Review

No abstract provided.

Public Water Fluoridation, Jessica Fohey

Honors Program Theses

This thesis project addresses the issue of public water fluoridation. There is a debate within the United States as to whether or not public water systems should be fluoridated. Because of the large scale potential health impact, it is critical to determine whether or not this practice is in the best interest of the public. This paper provides an extensive review of scientific literature on the effectiveness, safety, and cost effectiveness of public water fluoridation. Following the review of scientific literature, I will present an overview of pseudo-scientific literature which advocates against public water fluoridation that, although often not scientifically …

Manufacturing Kleptomania: The Social And Scientific Underpinnings Of A Pathology, Daisy V. Domínguez

Publications and Research

This paper aims to show the ways in which the kleptomania diagnosis expressed displaced societal fears and led to the ostracism and exculpation of groups based on an interesting mix of gender and class biases.

In Gratitude For What We Are Given: A Common Morality For The Global Age, William J. Wagner

Scholarly Articles

This introduction, first, sets out and evaluates the reciprocal, antiphonal steps of "Vatican initiative" and "university response" at this collection of essays' genesis. Once having done so, it offers the reader not only a basic synthesis of the authors' separate contributions but also of the contours of the collection as a whole. In these ways it offers readers an introductory roadmap to the wealth of insights that the collection contains and those that it may in turn inspire.

On A Special Copy Of Caroline Lamb's Glenarvon Recently Discovered In The Koninklijke Bibliotheek, Paul Douglass, Ria Grimbergen

Faculty Publications, English and Comparative Literature

This essay analyses a recently discovered copy of the first edition of Lady Caroline Lamb's Glenarvon in the Koninklijke Bibliotheek at The Hague filled with annotations and corrections apparently in the hand of its author. This copy shows many of the extensive revisions eventually implemented in the second edition of the novel. Some changes indicated in this special copy were not adopted, however, and a note on the punctuation in a hand not the author's raises the question of whether others edited the work, especially the punctuation. The essay shows how, working with great skill to minimise the labour of …

A. Bristow And The Maniac: A Bio-Critical Essay, Katherine D. Harris

Faculty Publications, English and Comparative Literature

No abstract provided.

Clear Channel Outdoor, Inc. V. Knupfer, Thomas Scappaticci

Bankruptcy Research Library

(Excerpt)

An important and traditional power afforded by the Bankruptcy Code to debtors and trustees is the power to sell encumbered property free and clear of any liens or encumbrances. See G COLLIER ON BANKRUPTCY, App. Pt. 44, at 44-529 (Alan N. Resnick et al. eds., 15th ed. rev. 2006). One way in which this power is given to debtors and trustees is through Section 363(f)(3) of the Bankruptcy Code, which provides a mechanism for property to be sold free and clear of any liens. See 11 U.S.C. § 363(f)(3) (2006). Yet, the application of Section 363(f)(3) is not entirely …

Nigel Parsons On Israel's Occupation By Neve Gordon. Berkley, Ca: University Of California Press, 2008. 318pp., Nigel Parsons

Human Rights & Human Welfare

A review of:

Israel's Occupation by Neve Gordon. Berkley, CA: University of California Press, 2008. 318pp.

Mahmood Monshipouri On Political Participation In The Middle East. Edited By Ellen Lust-Okar And Saloua Zerhouni. Boulder, Co: Lynne Rienner Publishers, 2008. 286pp., Mahmood Monshipouri

Human Rights & Human Welfare

A review of:

Political Participation in the Middle East. Edited by Ellen Lust-Okar and Saloua Zerhouni. Boulder, CO: Lynne Rienner Publishers, 2008. 286pp.

Smuggling Versus Trafficking: Do The U.N. Protocols Have It Right?, Carolyn Burke

Human Rights & Human Welfare

The terms “human trafficking” and “human smuggling” are often thought of as interchangeable due to their similar connections with irregular migration and the clandestine movement of people. However, trafficking and smuggling maintain their own differences, especially pertaining to their organizational dynamics, their forms, and their voluntary and involuntary natures that revolve around trust and exploitation. Current understandings of these terms stem from the widely accepted United Nations Protocols that were resultant from the Convention against Transnational Organized Crime.

Education For All Children, Sharon Harrall

Human Rights & Human Welfare

The UN Declaration of Human Rights, ratified in 1948, declared for the first time the right to education as a human right. Article 26 (1) states that “everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.” Since then, the right to education has been reaffirmed in subsequent treaties and global conferences. These treaties have also highlighted the need to provide education to all children without discrimination, and particularly to ensure equal access for girls. Historically, we have seen great gender disparities in the enrollment rates of …