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2009

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Sorry, No Remedy: Intersectionality And The Grand Irony Of Erisa, Paul M. Secunda Jan 2009

Sorry, No Remedy: Intersectionality And The Grand Irony Of Erisa, Paul M. Secunda

Faculty Publications

Congress enacted the Employee Retiree Income Security Act of 1974 (ERISA) to protect employees' retirement and welfare benefits. Nevertheless, the Act has been interpreted by the U.S Supreme Court over the years to be in essence an Employers' Security Act, with employers using ERISA to shield themselves against employee benefit-related claims. The flaw in the current ERISA scheme lies at the intersection of ERISA's preemption and remedial provisions. Courts broadly interpret the preemption provisions of ERISA to invalidate employee benefits-related state laws and then force employees to depend on an inadequate, "comprehensive and reticulated" remedial scheme. This “intersectionality” problem leads …

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Super Wicked Problems And Climate Change: Restraining The Present To Liberate The Future, Richard J. Lazarus Jan 2009

Super Wicked Problems And Climate Change: Restraining The Present To Liberate The Future, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

Climate change may soon have its “lawmaking moment” in the United States. The inherent problem with such lawmaking moments, however, is just that: they are moments. What Congress and the President do with much fanfare can quickly and quietly slip away in the ensuing years. This is famously so for environmental law. Subsequent legislative amendments, limited budgets, appropriations riders, interpretive agency rulings, massive delays in rulemaking, and simple nonenforcement are more than capable of converting a seemingly uncompromising legal mandate into nothing more than a symbolic aspirational statement. Climate change legislation is especially vulnerable to being unraveled over time for …

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Affordable Housing And The Conflict Of Competing Goods: A Policy Dilemma, Michael R. Diamond Jan 2009

Affordable Housing And The Conflict Of Competing Goods: A Policy Dilemma, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

This paper, which was the keynote address at a conference on Affordable Housing and Pubic Private Partnerships at the University of Colorado Law School, is designed to point out the conflicts between various competing social “goods” in relation to the provision of affordable housing. In a world of finite resources in which competing goods cannot both be maximized at the same time, when the goods are incommensurable, how ought a society choose among them? The paper focuses on such issues as preservation of affordable housing and wealth creation; affordability and handicapped accessibility or green development. It examines various methods of …

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White Paper: Walking Speed: The Sixth Vital Sign, Stacy Fritz, Michelle M. Lusardi Jan 2009

White Paper: Walking Speed: The Sixth Vital Sign, Stacy Fritz, Michelle M. Lusardi

All PTHMS Faculty Publications

Walking speed is "almost the perfect measure." This review summarizes the strong psychometric properties of walking speed and robust evidence for using this clinical measurement. Walking speed is easily measurable, clinically interpretable, and a potentially modifiable risk factor. For these reasons, using WS as the sixth vital sign is both pragmatic and essential.

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Applying Classification And Decision Rule To Predict Outcome Of Whiplash In An Ambulatory Patient Recovering From Incomplete Spinal Cord Trauma, Emmanuel Yung Jan 2009

Applying Classification And Decision Rule To Predict Outcome Of Whiplash In An Ambulatory Patient Recovering From Incomplete Spinal Cord Trauma, Emmanuel Yung

All PTHMS Faculty Publications

It is not known whether a clinical prediction rule or a whiplash associated disorder (WAD) classification may be applied effectively in a second traumatic event to predict the outcome in a patient recovering from cord trauma. Therefore, the purpose of this case was to apply a decision rule and a whiplash classification to predict the outcome of a second traumatic event in a recovering incomplete spinal cord injured (SCI) patient who was ambulatory.

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“It Is A Strange Thing For Us To See Water Being Sold”: Local Perceptions Of The Fijian Bottled Water Industry, Jessica Dawn Ulrich Jan 2009

“It Is A Strange Thing For Us To See Water Being Sold”: Local Perceptions Of The Fijian Bottled Water Industry, Jessica Dawn Ulrich

Graduate Student Theses, Dissertations, & Professional Papers

Despite the availability of affordable, clean water from taps in our homes, increasing numbers of people are willing to pay for the convenience of portable water, and to consume bottled water imported from an exotic location, such as Fiji. Consequently, FIJI Water, an American-owned multinational corporation, now constitutes approximately 29 percent of Fiji’s domestic exports. An important question that no one has asked to date is how do stakeholders in Fiji make sense of the rapidly growing bottled water industry? Examining how water is changing from a natural entitlement to a commodity throughout the world, and exploring how this is …

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A Case Study Investigation Of The Physical Activity Levels Of Disabled Students At A Small Missoula, Montana Middle School, Chelsea Marie Bond Jan 2009

A Case Study Investigation Of The Physical Activity Levels Of Disabled Students At A Small Missoula, Montana Middle School, Chelsea Marie Bond

Graduate Student Theses, Dissertations, & Professional Papers

Bond, Chelsea, M.S. July 2009 Health and Human Performance, Health Promotion Title: A case study investigation of the physical activity levels of disabled students at a small Missoula, Montana middle school. Chairperson: Dr. Annie Sondag Introduction: One of the major goals for the nation, described in the Surgeon General’s Report Healthy People 2010, is to promote the health of people with disabilities, prevent secondary conditions, and eliminate disparities between people with and without disabilities in the U.S. population (World Health Organization, 1997). Children with disabilities have lower physical activity participation rates, lower levels of fitness, and more frequent participation restrictions …

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A Taxonomy Of Rules: Authority, Dangers, And Possibilities, Muriel Rebecca Friedman Jan 2009

A Taxonomy Of Rules: Authority, Dangers, And Possibilities, Muriel Rebecca Friedman

Graduate Student Theses, Dissertations, & Professional Papers

Rules, originally a means toward group solidarity, are the alternative to the need for ongoing physical dominance. Seemingly omnipresent in modern life, rules can be overt or subtle, explicit or tacit, rigidly enforced or overlooked. They may clash with our autonomy. This thesis names and explores different functional types of rules: safety, personal, socio-cultural, legal-religious, and technical. Rules in general are discussed from social and ethical theoretical viewpoints and using ideal type methodology. Understanding that there are different types of rules and the authority behind them makes it easier to determine one’s obligations to follow them, especially with the notion …

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Assessing Accessible Transportation Options Using Gis In Missoula, Mt, Jillian Jo Jurica Jan 2009

Assessing Accessible Transportation Options Using Gis In Missoula, Mt, Jillian Jo Jurica

Graduate Student Theses, Dissertations, & Professional Papers

Accessible transportation is an integral service for many people with disabilities and the elderly in order to live healthy and fulfilling lives. This thesis aims to give communities a way of assessing their accessible transportation services to determine if they are adequately providing transportation to these populations. In this project data was gathered through interviews with agencies that provide accessible transportation in Missoula, MT and the surrounding area. This data in conjunction with U.S. Census data was compiled and spatially analyzed using GIS to create maps to assess current accessible transportation and show where additional accessible transportation may be of …

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Assessing Efforts To Reduce Sediment Impacts In Cottonwood Creek, Blackfoot Basin, Montana, Natalie Regina Marie Shapiro Jan 2009

Assessing Efforts To Reduce Sediment Impacts In Cottonwood Creek, Blackfoot Basin, Montana, Natalie Regina Marie Shapiro

Graduate Student Theses, Dissertations, & Professional Papers

This thesis assesses efforts to reduce sediment impacts in Cottonwood Creek, a tributary to the Blackfoot River in western Montana. The first objective evaluated trade-offs in stream crossing improvements regarding short-term sediment impacts versus long-term reductions in sediment load from road surface erosion and possible culvert failures. Suspended sediment and turbidity measurements were taken during spring snowmelt the year before and after a culvert replacement by a bridge, and during the replacement activity. The two study years were typical snowmelt years; i.e., 2- and 4-year return intervals, based on a ten-year USGS period of record. Culvert fill and road surface …

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Assessing The Influence Of Parent/Guardian Variables On Select Type 2 Diabetes Risk Factors Among 10 To 14 Year Old Northern Plains Indian Youth, Christiana Lea Ricci Jan 2009

Assessing The Influence Of Parent/Guardian Variables On Select Type 2 Diabetes Risk Factors Among 10 To 14 Year Old Northern Plains Indian Youth, Christiana Lea Ricci

Graduate Student Theses, Dissertations, & Professional Papers

Type 2 diabetes (T2DM) is a growing health concern among American Indian populations. Many behavioral risk factors for T2DM are influenced by the family unit. Purpose: The purpose of this study was to assess the influence of certain parent/guardian variables on youth type 2 diabetes risk factors. Methods: The parents/guardians of 10-14 year old Northern Plains American Indian youth (n=37) were surveyed regarding their knowledge for physical activity and nutrition, support behaviors for physical activity and nutrition in their youth, and their individual physical activity and nutrition behaviors. Youth variables including physical activity behavior, dietary behavior, and body mass index …

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Biogenesis, Assembly And Intracellular Trafficking Of Junin Arenavirus Envelope Glycoprotein Complex, Sudhakar Srinivasarao Agnihothram Jan 2009

Biogenesis, Assembly And Intracellular Trafficking Of Junin Arenavirus Envelope Glycoprotein Complex, Sudhakar Srinivasarao Agnihothram

Graduate Student Theses, Dissertations, & Professional Papers

An unusual feature in the arenavirus envelope glycoprotein complex (GP-C) is the presence of a myristoylated stable signal peptide (SSP) in addition to the receptor binding subunit G1 and the transmembrane fusion subunit G2. Genetic studies were employed to understand the structure-function of the GP-C complex, with emphasis on elucidating the role of SSP in arenavirus life cycle. We present genetic evidence that support the inclusion of G2 as a member of Class I viral fusion protein, where membrane fusion is mediated by six-helix bundle structure as in HIV and Influenza viruses. Furthermore, we have identified crucial roles for SSP …

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An Investigation Of Spatial And Temporal Variability In Several Of Montana's Reference Streams: Working Toward A More Holistic Management Strategy, Kathryn Elizabeth Makarowski Jan 2009

An Investigation Of Spatial And Temporal Variability In Several Of Montana's Reference Streams: Working Toward A More Holistic Management Strategy, Kathryn Elizabeth Makarowski

Graduate Student Theses, Dissertations, & Professional Papers

Water temperature is a physical property that fundamentally affects stream ecology and is considered an important water quality parameter from scientific and legal view points. On global, catchment and reach scales, anthropogenic activities have substantially altered natural stream temperature regimes, impairing these systems’ ability to maintain ecological integrity. Thermal degradation often can be attributed to a variety of human activities, and global climate change, which has been accelerated by the demands of an exponentially expanding human population, will play a central role in defining stream temperature regimes in the future. Natural spatial and temporal variability in stream temperatures adds to …

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Geotourism In The Crown Of The Continent: Developing And Testing The Geotourism Survey Instrument, Bertram Bynum Boley Jan 2009

Geotourism In The Crown Of The Continent: Developing And Testing The Geotourism Survey Instrument, Bertram Bynum Boley

Graduate Student Theses, Dissertations, & Professional Papers

Boley, Bertram Bynum, M.S., Spring 2009 Recreation Management Geotourism in the Crown of the Continent: Developing and Testing the Geotourism Survey Instrument (GSI) Co-Chairperson: Norma P. Nickerson Co-Chairperson: Keith Bosak The perceived failures of mass tourism to holistically benefit a destination’s character, has created a global concern for the future of tourism destinations managed under the mass tourism model. This global concern for how tourism can negatively impact a region’s character has manifested itself in the rise of various forms of sustainable tourism such as ecotourism, community-based tourism, integrated rural tourism, and now geotourism. The focus of this study was …

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Guide To Implementing A Middle School Activity Program, Laura Elizabeth Balis Jan 2009

Guide To Implementing A Middle School Activity Program, Laura Elizabeth Balis

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of the guide is to describe the steps in designing, implementing, and evaluating a cardiovascular health program for middle school students, called CATCH Fridays, and to create a guide for others who wish to replicate the program at their school.

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Indoor/Ambient Residential Air Toxics Results In Rural Western Montana, Heidi Lee Underberg Jan 2009

Indoor/Ambient Residential Air Toxics Results In Rural Western Montana, Heidi Lee Underberg

Graduate Student Theses, Dissertations, & Professional Papers

Indoor and ambient concentrations of 21 volatile organic compounds (including 14 hazardous air pollutants) were measured in the homes of nearly 80 western Montana (Missoula) high school students as part of the ‘Air Toxics Under the Big Sky’ program during the 2004/2005 and 2005/2006 school years. Target analytes were measured using low flow air sampling pumps and sorbent tubes, with analysis of the exposed samples by thermal desorption/gas chromatography/mass spectrometry (TD/GC/MS). The results reported here present the findings of the first indoor/ambient air toxics monitoring program conducted in a semi-rural valley location located in the Northern Rocky Mountain/Western Montana region. …

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Invisible Woman, Kristin Deanne Howe Jan 2009

Invisible Woman, Kristin Deanne Howe

Graduate Student Theses, Dissertations, & Professional Papers

The aim of this paper is to illuminate the ways in which working class women are invisible within the feminist and ecofeminist movements. Using the faces and forces of oppression as presented by Iris Marion Young and Hilde Lindemann, I show how the working class experiences oppression. I also show how oppression based on class differs from that based on gender and how these differences contribute to the invisibility of working class women within feminism. In the second section, I use Val Plumwood and Karen J. Warren’s versions of ecofeminist philosophy to show how working class women are again absent. …

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Deception, Decisions, And Investor Education, Jayne W. Barnard Jan 2009

Deception, Decisions, And Investor Education, Jayne W. Barnard

Faculty Publications

Tens of millions of dollars each year are spent on investor education. Because older adults (those aged sixty and older) are disproportionately victims of investment fraud schemes, many educational programs are targeted at them. In this Article, Professor Barnard questions the effectiveness of these programs. Drawing on recent studies from marketing scholars, neurobiologists, social psychologists, and behavioral economists examining the ways in which older adults process information and make decisions, she offers a model of fraud victimization (the "deception/decision cycle") that explains why older adults are often vulnerable to investment fraud schemes. She then suggests that many of the factors …

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Disordered Eating, Antifat Attitudes, And Barriers To Treatment In College Women From Urban And Rural Areas, Alison Christine Pepper Jan 2009

Disordered Eating, Antifat Attitudes, And Barriers To Treatment In College Women From Urban And Rural Areas, Alison Christine Pepper

Graduate Student Theses, Dissertations, & Professional Papers

Disordered eating (DE) is associated with physical and emotional consequences. Most incidence studies comparing rates in urban and rural regions are international. Only one examined regional differences within the United States, and no significant differences emerged. Additionally, no investigations focus on DE treatment barriers specific to rural regions. In 106 college women with significant DE patterns, this study investigated weight-based prejudices, system-level barriers, and regional status. Despite no significant regional differences in DE or barriers to treatment, results revealed high prevalence of DE and exposed barriers to DE-treatment among college women. Exploratory analyses supplement the dearth of research focusing on …

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The Merits And Pitfalls Of Partnered Writing, Shauna Mcpherson Jan 2009

The Merits And Pitfalls Of Partnered Writing, Shauna Mcpherson

The Utah English Journal

As writers argue for their writing choices, they have to analyze their decisions, look for support, and communicate persuasively to partners.

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The Education Of The Son In Paradise Regained: Milton’S Of Education As A Guide, Alice Matthews Jan 2009

The Education Of The Son In Paradise Regained: Milton’S Of Education As A Guide, Alice Matthews

Quidditas

“The Education of the Son in Paradise Regained: Milton’s Of Education as a Guide” argues that the character of Christ provides a model for effective learning, which is outlined in Milton’s treatise On Education. In the treatise, first published in 1644, some twenty- seven years before his brief epic, Milton explains the purpose for education as strengthening one’s relationship with God, and the best method for acquiring it— gradually, progressing from the easy to the more difficult. In my essay, I will analyze each step in Christ’s education, beginning with his boyhood and culminating in his temptation on …

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The Italian, Spanish, And English Fencing Schools In Shakespeare’S England, Stewart Hawley Jan 2009

The Italian, Spanish, And English Fencing Schools In Shakespeare’S England, Stewart Hawley

Quidditas

Three styles of fencing are were taught in England during the Elizabethan era: Italian, Spanish, and English. Non-historical plays of the Elizabethan period are examined to consider what style of fencing was used on stage, and perhaps taught to the actors in plays such as Romeo and Juliet, Hamlet, and others. Historically, scholars have chosen to argue that actors of this period were taught an Italian or Spanish style of fencing, often glossing over the English style. I argue that the unique English style of fencing was probably taught to Elizabethan actors. Showing that these three fencing styles have distinct …

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Annual Report Jan 2009

Annual Report

Swiss American Historical Society Review

No abstract provided.

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Radiotherapy Optimal Design: An Academic Radiotherapy Treatment Design System, Ryan Acosta, William Brick, A Hanna, Allen G. Holder, D Lara, G Mcquilen, D Nevin, P Uhlig, B Salter Jan 2009

Radiotherapy Optimal Design: An Academic Radiotherapy Treatment Design System, Ryan Acosta, William Brick, A Hanna, Allen G. Holder, D Lara, G Mcquilen, D Nevin, P Uhlig, B Salter

Mathematics Faculty Research

Optimally designing radiotherapy and radiosurgery treatments to increase the likelihood of a successful recovery from cancer is an important application of operations research. Researchers have been hindered by the lack of academic software that supports head-to-head comparisons of different techniques, and this article addresses the inherent difficulties of designing and implementing an academic treatment planning system. In particular, this article details the algorithms and the software design of Radiotherapy optimAl Design (RAD).

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Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss Jan 2009

Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss

Publications

In early 2009 the airwaves came alive with sensational stories about Nadya Suleman, the California mother who gave birth to octuplets conceived via assisted reproductive technology. Nadya Suleman and her octuplets are vehicles through which Americans express their anxiety about race, class and gender. Expressions of concern for the health of children, the mother's well-being, the future of reproductive medicine or the financial drain on taxpayers barely conceal deep impulses towards racism, sexism and classism. It is true that the public has had a longstanding fascination with multiple births and with large families. This is evidenced by a long history …

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Ken Russell: Musical Mythmaker, Michael Adams Jan 2009

Ken Russell: Musical Mythmaker, Michael Adams

Publications and Research

Iconoclastic English film director Ken Russell (1927-2011) made more films about music and musical figures than any other filmmaker. His theatrical films and BBC films from 1959 to 2002 are examined.

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Combating Global White Supremacy In The Digital Era, Jessie Daniels Jan 2009

Combating Global White Supremacy In The Digital Era, Jessie Daniels

Publications and Research

This chapter explores both the ability of white supremacists to connect globally through Internet technologies, and considers international efforts to combat white supremacy. The United States is not a willing partner in fighting white supremacy online due to certain interpretations of the first amendment. However, absolutist views of free speech contradict the Supreme Court of the US which has ruled that there is a burning cross is not protected by the first amendment. Failing to take action against white supremacy online, the US functions as a global haven for hate speech.

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Grandparent Custody Disputes And Visitation Rights: Balancing The Interests Of The Child, Parents, And Grandparents, Tara Nielson, Robin Bucaria Jan 2009

Grandparent Custody Disputes And Visitation Rights: Balancing The Interests Of The Child, Parents, And Grandparents, Tara Nielson, Robin Bucaria

Utah Law Review

In many cultures, the basic family unit is the extended family-three and even four generations living under the same roof, nurturing the children and caring for the elderly with blended responsibilities. If a mother left behind young children, she felt it was only right for the children to be raised by aunts or grandmothers because that was in the children's best interest. Under the American legal, system, however, the best interest of the child is a judicial etermination that takes into account a myriad of tangible and, intangible factor that are often grounded in outdated cultural norms.

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Anatomy/ Physiology Lab, Steelman Library, B Mcconchie Dr. Jan 2009

Anatomy/ Physiology Lab, Steelman Library, B Mcconchie Dr.

Syllabus Repository

No abstract provided.

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Synergies And Tensions Between Rural Social Movements And Professional Researchers, Marc Edelman Jan 2009

Synergies And Tensions Between Rural Social Movements And Professional Researchers, Marc Edelman

Publications and Research

This essay outlines approaches to analysing and managing relations between rural activists and academic researchers. It suggests (a) that contemporary social movements engage in knowledge production practices much like those of academic and NGO-affiliated researchers and (b) that the boundaries between activists and researchers are not always as sharp as is sometimes claimed. These blurred boundaries and shared practices can create synergies in activist– academic relations. The essay then examines tensions in the relationship, including activists’ expectation that academic research will be immediately applicable to their struggles and researchers’ expectation that movement participants will accommodate their needs. The final section …

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