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Analysis Of Chemical Composition Of Cowpea Floral Volatiles And Nectar, Consolata Atieno Ager

All Master’s Theses

Cowpea is one of the 14 species of grain legumes. It rewards insects by producing nectar and it advertises to the pollinators by producing floral volatiles. The volatiles act as cues that guide insect pollinators in terms of pollen and nectar. Floral volatile quality also influences the efficiency of pollination. Genetic manipulations involving selection of varieties with high quality floral volatiles and nectar can therefore increase pollination efficiency and hence cowpea yields. It is believed that efficiency of insect pollination in several food crops is dependent on the quality of floral volatiles. Several molecules, including allozyme, co-dominant and isozyme DNA …

Efficacy Of Metarhizium Anisopliae Icipe 78 And Acaricides In The Management Of The Two-Spotted Spider Mite, Tetranychus Urticae (Acari: Tetranychidae), On French Beans, (Phaseolus Vulgaris L.), Ottilie T. Shivolo

All Master’s Theses

French bean, (Phaseolus vulgaris) L. is key commodity for export in Kenya. The value of export increased from 4,466.7 Kenya Shillings in 2002 to 4,466.7 Kenya Shillings in 2006. Production of French beans is constrained by many factors including pests, lack of capital and credit facilities, fluctuation in demand, and difficult accessibility to the market, and improper grading. The major arthropod insect pests of French beans include bean stem maggots, flower thrips, pollen beetles, foliage beetles, and Tetranychid mites, Tetranychus urticae Koch, in particular. Emphasis has been put in breeding lines for resistance and developing IPM for the major insect …

Analysis Of Tsetse Fly (Diptera: Glossinidae) Blood Meals Using Mitochondrial Cytochrome Genes For Vertebrate Host Identification, Catherine Ngambi Nyawira

All Master’s Theses

Information on the vertebrate hosts of blood feeding vectors forms a useful decision-making tool in the planning of tsetse fly control and eradication operations. The objective of this study was to investigate the utility of mitochondrial Cytochrome c oxidase I and Cytochrome b gene sequences in the identification of tsetse fly blood meals in order to provide a basis for more rational control of trypanosomosis in East Africa. Blood fed Glossina swynnertoni were sampled from the Serengeti (Tanzania) and G. pallidipes were from Nguruman and Busia in Kenya.Tsetse blood meal analysis was carried out by amplification and sequencing, to score …

Working Sick: Lessons Of Chronic Illness For Health Care Reform, Elizabeth Pendo

Articles

Although chronic illness is generally associated with the elderly or disabled, chronic conditions are widespread among working-age adults and pose significant challenges for employer-based health care plans. Indeed, a recent study found that the number of working-age adults with a major chronic condition has grown by 25% over the past ten years, to a total of nearly 58 million in 2006. Chronic illness imposes significant costs on workers, employers, and the overall economy. This population accounts for three-quarters of all health care expenditures in the United States, 3 and a Milken Institute study recently estimated that lost workdays and lower …

Restrictions On Political Activity By Judges In Japan And The United States: The Cases Of Judge Teranishi And Justice Sanders, Daniel H. Foote

Articles

In the late 1990s, similar dramas relating to political activity by judges were playing out on opposite sides of the Pacific Ocean. The cases involved a Japanese decision concerning an assistant judge of the Sendai District Court, Teranishi Kazushi, and an American decision relating to a newly sworn-in justice of the Supreme Court of the State of Washington, Richard Sanders. Both attended gatherings with distinctly political agendas. Both made brief remarks implying, but never directly stating, their support for the agendas presented. Both were censured for having engaged in impermissible political activity. Both appealed those censures, ultimately as far as …

Conditions And Covenants In License Contracts: Tales From A Test Of The Artistic License, Robert W. Gomulkiewicz

Articles

The Federal Circuit upheld the Artistic License in Jacobsen v. Katzer, establishing at long last that open source licenses are enforceable. Although that outcome received most of the headlines, the case's greater significance lies elsewhere. Jacobsen v. Katzer teaches valuable lessons about conditions and covenants in license contracts, lessons that apply to licenses of all persuasions. Moreover, the case raises an important issue about the interplay between contract and intellectual property law: can licensors manipulate the distinction between covenants and conditions in such a way that upsets the delicate balance in copyright law? The article explores the lessons taught by …

Translating Unocal: The Expanding Web Of Liability For Business Entities Implicated In International Crimes, Anita Ramasastry, Robert C. Thompson, Mark B. Taylor

Articles

The Ninth Circuit ruled that a corporation could be held liable under the federal Alien Tort Claims Act for its complicity in a violation of international criminal law occurring outside the U.S. (Doe I v. Unocal Corp., 395 F.3d 932 (9th Cir. 2002)). Since then, litigants have filed increasing numbers of such cases. These cases raise two questions: (1) Is the United States the only country that provides judicial accountability for business entities involved in international crimes abroad? and (2) How are other countries "translating" the basic kinds of accountability that Unocal recognized into their own legal systems? This Article …

Candor After Kadlec: Why, Despite The Fifth Circuit's Decision, Hospitals Should Anticipate An Expanded Obligation To Disclose Risky Physician Behavior, Sallie Thieme Sanford [email protected]

Articles

An anesthesiologist admitted to having been drug-impaired during a tubal ligation that left the patient with massive, incapacitating brain damage. In granting the anesthesiologist privileges, one of the items Kadlec Medical Center had relied upon was a short credentialing letter from Lakeview Regional Medical Center. That letter stated simply that the doctor had held anesthesia privileges there for several years; it did not disclose concerns about on-duty drug use, or that he could not exercise his privileges after having been terminated from his practice group for "put[ting] our patients at significant risk" by "report[ing] to work in an impaired physical, …

A Black Robe And Healing Words: Constants In A Changing World, Sallie Thieme Sanford [email protected]

Articles

This narrative article describes a bedside hospital hearing to compel surgery, notes the applicable legal standards, and considers the potential impact of the judge in this type of proceeding. The patient, whose back was badly burned, adamantly and vocally refused skin graft surgery. Her physicians believed she lacked decisional capacity; that belief was borne out during the hearing at which the judge did enter an order for surgery. The judge’s handling of the hearing was central to the patient’s expressed agreement with the decision and subsequent successful treatment.

A Local Government By Any Other Name, In Proceedings Of The Washington State Association Of Municipal Attorneys, Hugh D. Spitzer

Articles

This paper reviews the categories that Washington legislators and the Washington State Supreme Court have used to classify and describe local government units. It then describes how the large array of classifications—and the lack of consistent interpretation and use of those labels—leads to confusion and unnecessary litigation. After presenting several case studies of the effects of confusing definitions, the paper suggests that legislation reducing the number of terms classifying local governments would benefit lawyers, judges, local government and the general public. It specifically recommends that "municipal corporation" become the standard category for almost all local governments, and that "governmental body" …

Before The Verdict And Beyond The Verdict: The Csi Infection Within Modern Criminal Jury Trials, Tamara F. Lawson

Articles

In criminal law, the term “CSI Effect” commonly refers to the perceived impact the CSI television show has on juror expectation and unexpected jury verdicts. This article coins a new phrase, “CSI Infection,” by focusing on the significant legal impact that the fear of “CSI Infected Jurors” has made upon the criminal justice system. The CSI Infection is the ubiquitous “It” factor that scholars cannot conclusively prove nor effectively explain away; however, practitioners overwhelmingly confirm the CSI Effect’s impact on criminal jury trials. The CSI Effect’s existence, the CSI Effect’s true or perceived impact on acquittals and convictions, and how …

A Shift Toward Gender Equality In Prosecutions: Realizing Legitimate Enforcement Of Crimes Committed Against Women In Municipal And International Criminal Law, Tamara F. Lawson

Articles

A new era of law enforcement has emerged recognizing the importance of punishing gender-specific violence. This first wave of "gender-sensitive prosecutors" has changed the way crimes against women are handled in the criminal justice system. The enactment of gender neutralizing laws and policies has dramatically improved the enforcement of crimes against women and attempts to end the era of impunity. This Article addresses the changes in prosecutions and further considers international human rights treaties that require gender equality in law enforcement.

In criminal law, it is the willingness of a prosecutor to exercise his or her discretionary authority to file …

Green From Above: Climate Change, New Developmental Strategy, And Regulatory Choice In China, Dongsheng Zang

Articles

This essay discusses a developmental strategy formulated in China between 2004 and 2007, with a strong emphasis on energy efficiency in response to growing pressure from global concerns of climate change. It tries to show how a top-down regulatory structure was reinforced in the process.

Left Hand, Third Finger: The Wearing Of Wedding (Or Other) Rings As A Form Of Assertive Conduct Under The Hearsay Rule, Peter Nicolas

Articles

No abstract provided.

Professionalizing Moral Deference, Michael Hatfield

Articles

As I write this Essay, legal memoranda about torture, once again, are headline news. This Essay considers these memoranda. However, this Essay does not address the legality of torture or the legal limits of interrogation or even if lawyers who provide bad advice on these issues should be punished. Instead, this Essay uses what has come to light about the "torture memoranda" to consider broader issues about the contemporary state of becoming and being an American lawyer. With new memoranda being released, for the sake of convenience, this Essay refers only to the best-known example (at least as things currently …

The Anabaptist Conscience And Religious Exemption To Jury Service, Michael Hatfield

Articles

While the concern over religiously devout Americans who wish to serve on juries is a serious one, a potential juror dismissed from service over his or her religiosity suffers a real but relatively abstract damage. The punishment is being sent home when they want to stay.

This Article examines a different issue with more severe consequences: religiously devout citizens who risk being jailed for refusing to serve on a jury. Rather than asking whether Jesus could serve on a jury, this Article addresses whether we should force Jesus to serve if he said God told him not to. More specifically, …

10 Tips For Getting Jurors To Talk, Maureen A. Howard

Articles

“Jury selection” is a misnomer because lawyers don’t actually get to “select” ideal jurors; they get a limited opportunity to “deselect” the worst prospective jurors. The goal of voir dire is to identify these jurors by uncovering their attitudes, beliefs, opinions, preconceptions, biases, and prejudices. To accomplish this, a lawyer has a difficult task: she must foster an honest, intimate conversation among strangers in a very public, formal environment.

Even honest jurors may give misleading answers during voir dire due to nervousness, inattention, faulty memory, or misunderstanding. The formal courtroom atmosphere can have a chilling effect at odds with the …

A Precautionary Tale: Assessing Ecological Damages After The Exxon Valdez Oil Spill, Sanne Knudsen

Articles

To address the shortcomings of our existing damages paradigm--exemplified by the response to the Exxon Valdez oil spill in Prince William Sound--this article suggests that we invoke the burden-shifting attributes of the precautionary principle to transfer the risk of long-term, unknown ecological harm to those who have caused the injury. Through such a risk transfer, this article posits that true costs of ecological injury would more properly be borne by actors capable of altering their behavior to avoid such injury in the first place. In addition, this article suggests offering defendants two options for incurring damages for ecological injuries--either accepting …

Proposing A Place For Politics In Arbitrary And Capricious Review, Kathryn A. Watts

Articles

Current conceptions of “arbitrary and capricious” review focus on whether agencies have adequately explained their decisions in statutory, factual, scientific, or otherwise technocratic terms. Courts, agencies, and scholars alike, accordingly, generally have accepted the notion that influences from political actors, including the President and Congress, cannot properly help to explain administrative action for purposes of arbitrary and capricious review. This means that agencies today tend to sweep political influences under the rug even when such influences offer the most rational explanation for the action.

This Article argues that this picture should change. Specifically, this Article argues for expanding current conceptions …

Open Source License Proliferation: Helpful Diversity Or Hopeless Confusion?, Robert W. Gomulkiewicz

Articles

A decade ago, I observed that licenses were the "unnoticed force" behind free and open source software ("FOSS"). Since then, legal scholarship on FOSS licensing has gone from a trickle to a torrent. Likewise, economists, political scientists, and anthropologists (among others) have begun to focus on FOSS licensing, each from their own academic perspectives. FOSS programmers themselves (known as "hackers" in the FOSS community) have refocused on FOSS licensing, most notably by revising the most venerable FOSS license, the GNU General Public License ("GPL"), for the first time in more than fifteen years.

One prominent issue among hackers and business …

The Federal Circuit's Licensing Law Jurisprudence: Its Nature And Influence, Robert W. Gomulkiewicz

Articles

The Federal Circuit serves as the central appellate court for U.S. patent law appeals. Outside of patent law, scholars have noted the Federal Circuit’s distinct lack of influence on the law. Thus, unnoticed, the Federal Circuit has become one of the most influential actors in the creation of intellectual property licensing law. Its influence reaches across all areas of intellectual property, industries, and all federal circuits and state courts. But the Federal Circuit’s influence on licensing law is more than just a matter of academic interest: licensing is critical to innovation in the information economy. Licenses underlie the creation and …

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

Articles

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime.

There is less agreement, however, in how …

A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane K. Winn, Nicolas Jondet

Articles

In 2007, France created the Regulatory Authority for Technical Measures (lAutoritj de Rdgulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded "technical protection measures" (TPM), also known as "digital rights management" technologies (DRM). ARMT was established in part to rectify what French lawmakers perceived as an imbalance in the rights of copyright owners and end users created when the European Copyright Directive (EUCD) was transposed into French law as the "Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information" (DADVSI).

ARMT is both …

Are "Better" Security Breach Notification Laws Possible?, Jane K. Winn

Articles

This Article will evaluate the provisions of California's pioneering security breach notification law (SBNL) in light of "better regulation" or "smart regulation" criteria in order to highlight the costs of taking a narrowly focused, piecemeal approach and the benefits of taking a more comprehensive perspective to the problems of identity theft and information security. Just as the basic structure of SBNLs was borrowed from environmental law, this Article will borrow from decades of analysis of the impact of environmental regulation to evaluate the likely impact of SBNLs.

Just as environmental laws can be used to reduce externalities created through the …

Globalization And Standards: The Logic Of Two-Level Game, Jane K. Winn

Articles

The emergence of a global information architecture has fueled regulatory competition among nations and regions to set information and communication technology (“ICT”) standards. Such regulatory competition can be thought of as a two level game: level one is competition to set ICT standards within a nation or region; level two is competition to set the global ICT standards with reference to local standards.

The United States and the European Union are global leaders in setting ICT standards, and compete to set global ICT standards based on different local regulatory cultures: the U.S. is a “liberal market economy” (“LME”) within which …

Defusing The "Atom Bomb" Of Patent Litigation: Avoiding And Defending Against Allegations Of Inequitable Conduct After Mckeeson Et Al., Sean M. O'Connor

Articles

The doctrine of inequitable conduct in patent law has a long and vexing history. While it is sometimes mistakenly conflated with the United States Patent and Trademark Office's Rule 56, the doctrine is actually a purely equitable one established by the Supreme Court in 1945—and not revisited by it since then.

This Article re-establishes the roots and proper context of the doctrine, while tracing its confused interactions with Rule 56 over the ensuing decades. The Article reaffirms the necessary balancing act between over and under disclosure of references during patent prosecution, and the inverse sliding scale relationship of materiality and …

Title Page, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Does Filtering Stop The Flow Of Valuable Information: A Case Study Of The Children's Internet Protection Act (Cipa) In South Dakota, Candice J. Spurlin, Patrick M. Garry

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

State V. Buchhold: The South Dakota Supreme Court Fails To Recognize A De Facto Life Sentence As The Functional Equivalent Of A Life Sentence When Determining Gross Disproportionality, Joseph A. Kippley

South Dakota Law Review

No abstract provided.