Digital Commons Network^™

A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule

Faculty Publications

The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …

Position Of The American Dietetic Association: Vegetarian Diets, Winston J. Craig, Ann Reed Mangels

Faculty Publications

It is the position of the American Dietetic Association that appropriately planned vegetarian diets, including total vegetarian or vegan diets, are healthful, nutritionally adequate, and may provide health benefits in the prevention and treatment of certain diseases. Well-planned vegetarian diets are appropriate for individuals during all stages of the life cycle, including pregnancy, lactation, infancy, childhood, and adolescence, and for athletes. A vegetarian diet is defined as one that does not include meat (including fowl) or seafood, or products containing those foods. This article reviews the current data related to key nutrients for vegetarians including protein, n-3 fatty acids, iron, …

“The Sort . . . Of People To Which I Belong”: Elizabeth Gaskell And The Middle Class, Allison Masters

Graduate Student Theses, Dissertations, & Professional Papers

In this thesis, I examine Elizabeth Gaskell’s development as a middle-class author, which is a position that most scholars take for granted. Moving away from traditional Marxist readings and drawing on revisionist class studies, I reconsider Gaskell as the typical bourgeois woman of her era by looking at her relationship with the middle class and its ideals over the course of her career. Overall, her large body of work reveals an increasing awareness of, and willingness to engage with the divisions within the middle class. In turn, as Gaskell explores such tensions and negotiates middle-class boundaries and values in her …

One Last Chance, Michael Quist Kautz

Graduate Student Theses, Dissertations, & Professional Papers

Non-fiction essays

The Politics Of The Real: Jazz, Hip Hop, And Satire - Conceptions Of Consciousness In The Twentieth Century African American Novel, Peter Thomas Clavin

Graduate Student Theses, Dissertations, & Professional Papers

In the African American experience of the twentieth century, cultural modes of expression became the primary outlet for a politics of resistance, a politics of fulfillment, and a politics of transfiguration within the context of a modem Western nation-state that marginalized and discriminated against the African American subject through ideology and cultural hegemony. This collective African American experience is one based on a reality of life-threatening racial violence that has plagued African Americans from the earliest days of the New Republic.

Psychiatric Illness In The Next-Of-Kin Of Intensive Care Unit Patients, Janelle Katie Moulder

Yale Medicine Thesis Digital Library

The prevalence of psychiatric symptoms in next-of-kin (NOK) of intensive care unit (ICU) patients has been reported at higher than 70% when screening is performed using the Hospital Anxiety and Depression Scale (HADS). The primary purpose of this study was to assess the ability of the HADS to predict psychiatric illness, diagnosed with the aide of a validated tool, the Structured Clinical Interview for DSM-IV (SCID). In addition, we asked NOK to rate aspects of the ICU experience to determine possible associations with psychiatric diagnosis. Thirty-four NOK were enrolled in this study from July 2006 to November 2006. Subjects were …

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 …

Investigation Of Mohair Production, Clean Yield, And Fibre Characteristics In Coloured Mohair Goat And F_1 Cross-Bred Kids Of Angora Goat X Coloured Mohair Goat, Fuat Odabaşioğlu, Mürsel Küçük, Orhan Yilmaz

Turkish Journal of Veterinary & Animal Sciences

The aim of this study was to compare some fleece and fibre characteristics of kids of Coloured mohair goat with F_1 cross-bred kids of Angora x Coloured mohair goat to reveal the effects of this cross-breeding on mohair production, clean yield, and fibre quality. This study was carried out using goats of the Coloured mohair goat breed at the Experimental Farm of the Faculty of Veterinary Medicine of Yüzüncü Yıl University. Four Angora goats were used as male material. In 2001, greasy fleece weight, clean mohair yield, fibre diameter, fibre length, fibre elasticity, breaking strength, kemp fibre content, and medullated …

The Ostrich (Struthio Camelus) Egg – A Safety Seat In The Time Vehicle, Ross G. Cooper, Marek Lukaszewicz, Jaroslaw O. Horbanczuk

Turkish Journal of Veterinary & Animal Sciences

The role of the egg is 2-fold - protection of the contents and conditioning the incubation. We used a variety of search engines to collate literature pertinent to the ostrich egg from PubMed, Medline, and Agricola. An ostrich egg weighs ca. 1.5 kg, and the mean length and width are 156 and 129 mm, respectively. The vertical and horizontal circumferences reach a maximum of 45 and 40 cm, respectively. Average internal volume is ca. 1350 ml. The mean weight of albumen in a 1500 g ostrich egg reaches 900 g, with a 317 g yolk and a 296 g voided …

Isolation And Biotyping Of Brucella Melitensis From Aborted Sheep And Goat Fetuses, Esra Büyükcangaz, Ayşi̇n Şen, Serpi̇l Kahya

Turkish Journal of Veterinary & Animal Sciences

The possible role of Brucella spp. in 65 abortion cases, 55 from sheep and 10 from goats, occurring in the birth seasons of 2004 and 2005 in northwestern Turkey was investigated. Colony morphology, agglutination by acriflavin, H2S production, CO2 requirement, dye sensitivity in thionin, basic fuchsin, growth characteristics in streptomycin, lysis with Tbilisi phage, and agglutination with monospecific A- and M antisera were examined for identification and biotyping. The isolates from 21 of 55 sheep and 1 of 10 goat abortion cases were identified as Brucella melitensis. Biotyping revealed that 14, 6, and 1 of 22 Brucella spp. were B. …

A Survey On Helminth Infections Of Equines In The Central Black Sea Region, Turkey, Şi̇nasi̇ Umur, Mustafa Açici

Turkish Journal of Veterinary & Animal Sciences

This study was carried out to determine the prevalence of helminth species in horses, donkeys, and mules in the Central Black Sea region, between March 2004 and July 2005. For this purpose, 140 faecal samples were taken from horses (n = 83), donkeys (n = 31), and mules (n = 26) in Samsun, Sinop, Ordu, Amasya, and Tokat provinces. Infection rates were 91.57% (76 of 83) in horses, 96.77% (30 of 31) in donkeys, and 96.15% (25 of 26) in mules. The parasite species and their prevalence in examined animals were as follows: in horses Strongylidae spp. 77.10%, Parascaris equorum …

First Approaches To Standard Protocols And Reference Materials For The Assessment Of Potential Hazards Associated With Nanomaterialss, Gordon Chambers, Hugh Byrne, Iseult Lynch, Micheal Riediker, Hans Bouwmeester, Hans Marvin, Alan Casey, Markus Berges, Martin Clift, Teresa Fernandez, Lise Fjellsbo, Lucienne Juillerat, Gert Roebben, Christoph, Klein, Qinglan Wu, Vince Hackley, Jean-Pierre Kaiser, Wolfganag Kreyling, Michael Garner, Peter Hatto,, Kenneth Dawson

Articles

All new technologies have an inherent risk, which is typically assessed alongside the development of applications of the technology. This is also the case for nanotechnology: a key concern in the case of engineered nanomaterials (ENMs) is that due to their very small size, NMs can reach areas such as the cell that are inaccessible to other materials, such as implants and drugs. As a result of their large surface area, NMs may be more reactive than other larger materials. The large physical and chemical variability of NMs, and the fact that small changes can have large consequences, mean that …

Second-Hand Smoke Exposure In Cars And Respiratory Health Effects In Children, Patrick J. Goodman, Z. Kabir, Luke Clancy, P.J. Manning, J. Holohan, S. Keogan

Articles

We examined potential associations of ever asthma, and symptoms of wheeze (past 12 months), hay fever, eczema and bronchitis (cough with phlegm) among school children exposed to second-hand smoke (SHS) in cars, using a modified Irish International Study of Asthma and Allergies in Childhood (ISAAC) protocol. 2,809 children of 13–14 yrs old and who selected randomly from post-primary schools throughout Ireland completed the 2007 ISAAC self-administered questionnaire. Adjusted OR (adjusted for sex, active smoking status of children interviewed and their SHS exposure at home) were estimated for the associations studied, using multivariable logistic regression techniques. Overall, 14.8% (13.9% in young …

Effect Of Air Pollution Controls On Black Smoke And Sulfur Dioxide Concentrations Across Ireland, Patrick J. Goodman, David Q. Rich, Ariana Zeka, Luke Clancy, Douglas W. Dockery

Articles

During the 1980s Ireland experienced severe pollution episodes, principally because of domestic coal burning. In 1990, the Irish government introduced a ban on the marketing, sale, and distribution of coal in Dublin. They extended the ban to Cork in 1995 and to ten other communities in 1998 and 2000. We previously reported declines in particulate (black smoke [BS]) and sulfur dioxide (SO2) concentrations in Dublin following the 1990 coal ban. We now explore and compare the effectiveness of these sequential bans in 1990, 1995, 1998, and 2000. Daily BS and total gaseous acidity (SO2) measurements were compiled between 1980 and …

Preparation, Characterization Of Nipam And Nipam/Bam Copolymer Nanoparticles And Their Acute Toxicity Testing Using An Aquatic Test Battery, Pratap Naha, Alan Casey, Tiziana Tenuta, Iseult Lynch, Kenneth Dawson, Hugh Byrne, Maria Davoren

Articles

Poly N-isopropylacrylamide and N-isopropylacrylamide / N-tert-butylacrylamide copolymer nanoparticles of 50 to 70 nm were prepared by free radical polymerisation. The particle sizes of the copolymer nanoparticles were measured in the test media MilliQ water, Algae Media, Daphnia Media and Microtox Diluent as a function of temperature. Whereas in MilliQ water the particle size was seen to decrease above the lower critical solution temperature of the thermoresponsive polymer, in the test media it was seen to increase significantly, indicative of aggregation. At the temperatures employed for the ecotoxicological studies all particles, with the exception of the 50:50copolymer existed as nanoparticles, however. …

A Test Battery Approach To The Ecotoxicological Evaluation Of Cadmium And Copper Employing A Battery Of Marine Bioassays, Ailbhe Macken, Michelle Giltrap, Kim Ryall, Barry Foley, Evin Mcgovern, Brendan Mchugh, Maria Davoren

Articles

The main aim of this study was to investigate the sensitivity of the battery to two recognised metal pollutants of the marine environment and rank species sensitivity accordingly.

Multiple Resistance, Detoxifying Enzyme Activity, And Inheritance Of Abamectin Resistance In Tetranychus Urticae Koch (Acarina: Tetranychidae), Si̇bel Yorulmaz, Recep Ay

Turkish Journal of Agriculture and Forestry

The present study investigated the biochemical mechanism of abamectin resistance in a Tetranychus urticae Koch population collected from a bean greenhouse (BEYO 2) in Beyobası village in Gazipaşa district, Antalya province, and maintained in the laboratory. LC_{50, 60, 90} levels of BEYO 2 population of T. urticae were determined using a dry film method. The LC50 level of the BEYO 2 strain with abamectin was selected 15 times and was increased from 2.42 µL 100 mL^{-1} water to 38.67 µL 100 mL^{-1} water. A selected strain showing 35.05-fold resistance was named ABA 15 strain. It was investigated whether the resistant …

Legacy Of Slaughterhouse. Bradwell, And Cruikshank In Constitutional Interpretation, Wilson Huhn

Akron Law Faculty Publications

The Slaughterhouse Cases, Bradwell v. Illinois, and Cruikshank v. United States, which were all decided between 1873 and 1876, were the first cases in which the Supreme Court interpreted the 14th Amendment. The reasoning and holdings of the Supreme Court in those cases have affected constitutional interpretation in ways which are both profound and unfortunate. The conclusions that the Court drew about the meaning of the 14th Amendment shortly after its adoption were contrary to the intent of the framers of that Amendment and a betrayal of the sacrifices which had been made by the people of that period. In …

Empathy And Pragmatism In The Choice Of Constitutional Norms For Religious Land Use Disputes, Elizabeth Reilly

Akron Law Faculty Publications

From the perspective of both religious entities and local governments, religious land use requests are best resolved quickly, locally and cooperatively. The traditional framework for addressing religious land use disputes, which the Religious Land Use and Institutionalized Persons Act (RLUIPA)1 adopted, is ill-suited to those goals. Legally, disputes have long been framed as denials of the free exercise of religion – the broadest of all claims and the one requiring the most intrusive and subjective determinations about a particular religious group and its proposed use (what religion is, what a particular sect requires and how religion qua religion is affected …

A Light Unto Our Path: Toward A Mutual Understanding Of Fundamentalist Christianity And Science, Kassidy K. Lyons

Honors Program Theses

My research into the Christian fundamentalist and scientific worldviews shows that existing hostility between the two can be attributed to extremists on either side. Such polarization can be a hindrance to all involved by inhibiting scientific learning and disregarding valid methods to signify and understand one’s place in the world. I explore each worldview and its validity as well as provide examples of how each can be harmful when taken to the extreme. I then outline philosophies by Stephen Jay Gould, Michael Ruse, Marcus Borg, Karl Popper and others who deny extremism and will allow an individual to find middle …

The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman

Articles

Abstract Purpose – This paper proposes the activity-based focus group as a useful method with which to generate talk-in-interaction among pre-schoolers. Analytically, it aims to illustrate, how transcribed talk-in-interaction can be subjected to a discourse analytic lens, to produce insights into how pre-schoolers use ‘Coca-Cola’ as a conversational resource with which to build product-related meanings and social selves. Design/methodology/approach - Fourteen activity-based discussion groups with pre-schoolers aged between two and five years have been conducted in a number of settings including privately run Montessori schools and community based preschools in Dublin. The talk generated through these groups has been transcribed …

Developing Entrepreneurship Programmes For Female Members Of The Irish Traveller Community, Thomas Cooney

Articles

Purpose – The purpose of this paper is to explore the distinctive challenges faced by female travellers (Roma, Sinti and Gypsy) in starting their own business. Design/methodology/approach – The paper details a pilot “start your own business” programme that was delivered in Ireland to 12 women from the traveller community. Findings – Four distinct categories of entrepreneurship barriers faced by female travellers were recognised: self-esteem, traveller identity, welfare trap and family responsibilities. Research limitations/implications – The findings are based on just one programme and so no general conclusions can be drawn. Practical implications – The paper identifies the successes and …

Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead

Journal Articles

The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently …

The Effectiveness Of Biodiversity Law, John Copeland Nagle

Journal Articles

The Endangered Species Act (ESA) has generated a heated debate between those who believe that the law has succeeded and those who believe that the law has failed. The resolution to that debate depends upon whether the law’s stated purposes or some other criteria provide the basis for judging a law’s effectiveness. Meanwhile, since the enactment of the ESA in 1973, biodiversity protection has received growing attention in the nations of southeastern Asia. So far, the law has been much less effective in protecting Asian biodiversity from habitat loss, commercial exploitation, and other threats, yet southeastern Asia’s biodiversity law has …

Federalization In Information Privacy Law, Patricia L. Bellia

Journal Articles

In Preemption and Privacy, Professor Paul Schwartz argues that it would be unwise for Congress to adopt a unitary federal information privacy statute that both eliminates the sector-specific distinctions in federal information privacy law and blocks the development of stronger state regulation. That conclusion, though narrow, rests on descriptive and normative claims with broad implications for the state-federal balance in information privacy law. Descriptively, Professor Schwartz sees the current information privacy law landscape as the product of successful experimentation at the state level. That account, in turn, fuels his normative claims, and in particular his sympathy with theories of competitive …

Private Norms And Public Spaces, Nicole Stelle Garnett

Journal Articles

This Essay explores the role of private norms in the allocation of urban public spaces as well as local governments' efforts to enforce these norms. The Essay was prepared for the 2008 Brigham-Kanner Property Rights Conference, William and Mary School of Law, as a tribute to Robert Ellickson. community policing, informal norms

The Idea Of Pollution, John Copeland Nagle

Journal Articles

Pollution is the primary target of environmental law. During the past forty years, hundreds of federal and state statutes, administrative regulations, and international treaties have established multiple approaches to addressing pollution of the air, water, and land. Yet the law still struggles to identify precisely what constitutes pollution, how much of it is tolerable, and what we should do about it.

But environmental pollution is hardly the only type of pollution. Historically, the idea of pollution referred to a host of effects upon human environments. This remains evident in contemporary anthropological literature, which studies the pollution beliefs of cultures throughout …

Does "Proceeds" Really Mean "Net Profits"? The Supreme Court's Efforts To Diminish The Utility Of The Federal Money Laundering Statute, Jimmy Gurulé

Journal Articles

The Supreme Court’s decision in United States v. Santos is severely hampers the fight against drug traffickers, terrorists, mobsters and white collar criminals. It restricts the scope of the money laundering statute, defining the term “proceeds” in it as net profits, not gross receipts from unlawful activity. This imposes an unreasonable and unwarranted burden on prosecutors to prove net criminal profits, money acquired beyond the defendant’s overhead expenses from unlawful activities. The court’s holding also restricts other provisions of the money laundering statute, such as the concealment theory of money laundering, and it creates confusion over whether the Court’s restrictive …

Public Bioethics And The Bush Presidency, O. Carter Snead

Journal Articles

Public bioethics figured prominently during the tenure of President George W. Bush. This Article explores the Bush legacy in this domain. It begins by articulating and examining the grounding norms of President Bush’s approach to public bioethics. Next, it analyzes how these norms were applied to concrete areas of concern. Building on this analysis, the next section reflects on what the President’s actions illustrate about the capacity of the Executive Branch to shape public bioethics. The Article concludes with a brief discussion of the possible metrics by which the Bush Administration’s efforts might be judged, and then offers several assessments …

Taking Strickland Claims Seriously, Stephen F. Smith

Journal Articles

Every criminal defendant is promised the right to the effective assistance of counsel. Whether at trial or first appeal of right, due process is violated when attorney negligence undermines the fairness and reliability of judicial proceedings. That, at least, is the black-letter law articulated in Strickland v. Washington, 466 U.S. 688 (1984). In practice, however, the right to effective representation has meant surprisingly little over the last two decades. Under the standards that emerged from Strickland, scores of defendants have received prison or death sentences by virtue of serious unprofessional errors committed by their attorneys.

This Essay canvasses a line …