Digital Commons Network^™

Undoing Undue Favors: Providing Competitors With Standing To Challenge Favorable Irs Actions, Sunil Shenoi

University of Michigan Journal of Law Reform

The Internal Revenue Service occasionally creates rules, notices, or regulations that allow taxpayers to pay less than they would under a strict reading of the law. Sometimes, however, these IRS actions are directly contrary to federal law and have significant economic impact. Challenging favorable IRS actions through litigation will likely be unsuccessful because no plaintiff can satisfy the requirements for standing. To address this situation, this Note proposes a statutory reform to provide competitors with standing to challenge favorable IRS actions in court.

The "Enlightened Barbarity" Of Inclusive Fitness And Wrongful Death: Biological Justifications For An Investment Theory Of Loss In Wycko V. Gnodtke, Ryan Shannon

University of Michigan Journal of Law Reform

Wrongful death laws should permit and encourage courts and juries to consider the survivors' investment in decedents when determining wrongful death damages, given new biological justifications for this theory of loss. The investment theory of damages, which permits an award of damages based on the investment of financial resources relatives make in one another, originated in Michigan's courts in the early 1 960s, but as of present day has been largely abrogated. In the context of modern understandings of evolutionary biology, including kin selection theory and sociobiology, the investment theory of recovery accords with the goals of corrective justice as …

Exhausted Or Unlicensed: Can Field-Of-Use Restrictions In Biotech License Agreements Still Prevent Off-Label Use Promotion After Quanta Computer?, Kristal M. Wicks

The University of New Hampshire Law Review

[Excerpt] “In the biotechnology (biotech) industry, companies must be increasingly aware of their intellectual property and how their licensing strategies can impact their rights. When licensing patented technology, it is common practice for biotech companies to include restricted field-of-use provisions in their license agreements. Such provisions permit a licensee to only use licensed technology in a defined field and restrict use or development in another field. This licensing strategy plays an important role within the biotech industry because it allows companies to more effectively control their intellectual property and to more efficiently research and develop pharmaceutical products.

A problem that …

Recommendations For The Chamlidere Petrified Forest Management Plan, Fatma Ertem

Graduate Theses and Dissertations

Anything inherited from our ancestors or from nature can be considered as our heritage. Heritage can be classified as cultural and natural heritage. Turkey has been the cradle of many civilizations, religions, and ethnic groups because of the unprecedented natural heritage and critical geopolitical location of Anatolia. Given all the treasure of cultural and natural heritage in Turkey, heritage management practices have not been emphasized as they deserve. A petrified forest was found in Chamlidere, Ankara (Turkey) in 2004. Chamlidere petrified forest preserves information related to the biodiversity of forests in the Galatian Volcanic Province during the Early-Middle Miocene. When …

The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of this essay is to examine the discourses that surrounded the life of Leon Czolgosz, the assassin of President William McKinley. The gaps in Czolgosz’s life, his peculiar silences, his poor health and the ambiguity and thinness of his confession, rather than taken as instances of mental and physical distress, have, instead, been understood as signs of a revolutionary anarchistic assassin. Czolgosz is an expression of a cultural tradition in somatic form. I argue that the discursive construction of criminality, already present in the late nineteenth century within the medical and human sciences, is what shaped Czolgosz’s life …

Survey Analysis Of Wine Label Preferences, Holly Mcginty

Agribusiness

No abstract provided.

The Politics And Policy Of Small City Downtown Development, Thomas K. Bias

Graduate Theses, Dissertations, and Problem Reports (ETD)

Many theories on successful small city development and revitalization efforts hinge on three major areas; Policies and programs, quality of life, and strong coalitions between government, non-profit groups, local business, and residents. This dissertation examines the affects that government policies and programs (e.g., Main Street programs, zoning laws, etc.) have on the success of small city development and revitalization efforts. Using original survey data from a sample of key small city policy makers across the United States, this dissertation explores how perceptions of small city downtowns are influenced by government efforts to improve them. Regression analysis is employed to determine …

Effectiveness Of Cetylpyridinium Chloride, Chlorhexidine Gluconate, Chlorine Dioxide, And Essential Oils Against F. Nucleatum, P. Gingivalis, S. Mutans And S. Sobrinus---A Biofilm Approach, Kristafer Lee Adkins

Graduate Theses, Dissertations, and Problem Reports (ETD)

Results of evaluating chemotherapeutic effectiveness have focused on planktonic, two-dimensional bacterial existence. Biofilms exist as three-dimensional structures which shelter bacteria deep within. Current research is needed to evaluate the effectiveness of various chemotherapeutics against bacteria residing inside of a biofilm. In order to do so, this study evaluated the effectiveness of four common chemotherapeutics (cetylpyridinium chloride, chlorhexidine gluconate, chlorine dioxide, and essential oils) against four bacteria (S. mutans, S. sobrinus, F. nucleatum and P. gingivalis) in both planktonic and biofilm modeled culture media. Data was obtained through the measurement of zones of inhibition (ZOI) surrounding test discs placed on experimental …

Milwaukee Independent Charter Schools Study: Report On One Year Of Student Growth, John F. Witte, Patrick J. Wolf, Alicia Dean, Deven Carlson

School Choice Demonstration Project

The general purpose of this evaluation is to assess the effectiveness of independent charter schools in promoting two desirable student outcomes: student achievement growth and educational attainment. Independent charter schools are authorized by non-district entities and are considered “independent” because they are not a part of the Milwaukee Public School District. We will estimate achievement growth of independent charter school students in grades 3-8 over four years in reading and math on the Wisconsin Knowledge and Concepts Examination (WKCE). Similarly, in later reports we will track student attainment, specifically whether uppergrade cohorts in our evaluation graduate from high school. Case …

A Dignified Death? Don’T Forget About The Physically Disabled And Those Not Terminally Ill: An Analysis Of Physician-Assisted Suicide Laws, Cyndi Bollman

Southern Illinois University Law Journal

There are presently two states which have legalized physician-assisted suicide by enacting death with dignity statutes: Oregon and Washington. In late 2009, the Montana Supreme Court essentially legalized physician-assisted death by stating that there was no state law to suggest that it was against public policy. Under the presently-enacted death with dignity statutes of Oregon and Washington, a person who suffers from a physically incapacitating ailment cannot be assisted by her physician in suicide because she is unable to ingest the lethal prescription herself. Additionally, the laws of Oregon and Washington each restrict physician-assisted suicide to patients who are terminally …

The Rehabilitation Act Of 1973, The American With Disabilities Act, And The Individual With Disabilities Education Act, And How The Autism Student Population Has Been Affected, Hillary Johannsen

Social Sciences

No abstract provided.

History Of The Indian Caste System And Its Impact On India Today, Manali S. Deshpande

Social Sciences

The Indian Caste System is historically one of the main dimensions where people in India are socially differentiated through class, religion, region, tribe, gender, and language. Although this or other forms of differentiation exist in all human societies, it becomes a problem when one or more of these dimensions overlap each other and become the sole basis of systematic ranking and unequal access to valued resources like wealth, income, power and prestige. The Indian Caste System is considered a closed system of stratification, which means that a person’s social status is obligated to which caste they were born into. There …

A Study On The Diversity Of Cal Poly's Faculty, Suzanne Tack

Social Sciences

No abstract provided.

The Parents' Role In Childhood Obesity, Heather M. Wintrup

Psychology and Child Development

This paper is an examination of the current childhood obesity crisis in the U.S. and how this epidemic is related to psychological issues. Specifically, the role of parental forces on children’s health attitudes and habits is addressed. The following chapters will define and explain the current situation of childhood obesity, investigate the role parents have in contributing to their children’s weight development, and cover methods of intervention for families dealing with this serious health issue.

A Generational Look Into The Occurrence Of Child Maltreatment Among Latinos And Their Effects On Developmental Growth, Maria Teresa Sanchez Diosdado

Psychology and Child Development

Little is known about the prevalence or risk factors associated with child maltreatment among Latino immigrant and native born families. As a result, Latino children and families are often treated as a homogeneous group, with little understanding of the potential differences that may exist between immigrant and native-born families. This paper attempts to explain the concept of child maltreatment and explore the differences between the two groups, while taking into account the effects of acculturation, Belsky’s Ecological Model of Maltreatment, childrearing practices, and the developmental consequences of maltreatment. Finally, the role that Child Protective Services plays in this issue will …

Positive Language In The Parent-Child Relationship: Creating An Educational Video For Parents, Katherine Y. Upchurch

Psychology and Child Development

Parenting is a role recognized across the world for centuries. It is complex and diverse, yet a common feature of cultures encompassing the majority of the world. Classifications of parenting characteristics, such as the attachment or overall parenting style, have been created to try and understand the inner-workings of the parent-child relationship. It has been shown that ethnicities, races, cultures, and/or socioeconomic classes must be taken into account when evaluating the usefulness of the various classifications. These differences in lifestyle carry diverse values and beliefs that are instilled in the family system, affecting preferred styles of parenting and their influences …

Rangeland Condition Assessment Of A Portion Of The Cal Poly Sheep Unit, Colin S. Mckim

Animal Science

This rangeland condition assessment was conducted as part of the Cal Poly Rangeland Condition Assessment Project. Five pastures comprising 31.7 acres at the Cal Poly sheep unit were assessed to collect baseline ecological information. Methods used were Line-point Intercept, Belt Transect, Residual Dry Matter, and the rangeland health indicators recommended by Pyke et al., 2002. Additionally, a preliminary species list was collected. The rangeland health assessment method found all pastures to have no to slight departure from the local reference area when evaluated for soil and site stability, hydrologic function, and biotic integrity.

A National Report On The Use Of Telecommunications To Deliver Vr Services, Catherine Ipsen, University Of Montana Rural Institute

Employment

It can be difficult for VR counselors to provide face-to-face services to rural clients. Large caseloads reduce counselors’ available travel time to travel to outlying rural communities, and rising fuel costs make such trips expensive (Metzel & Giordano, 2007; Riemer-Reiss, 2000). Telecommunications can increase counselor-client accessibility and provide flexibility to supplement face-to-face services. Telecommunications refers to a variety of information technology (IT) that allows people in different locations to engage with one another, while reducing boundaries of time, distance, and location. Access to telecommunication services, however, may be limited. For instance, people living in rural areas may lack access to …

Epigenetic Regulation Of Neuronal Maturation: The Effect Of Mecp2 And Micrornas On The Maturation Of Hippocampal Neurons, Richard D. Smrt

Biomedical Sciences ETDs

Dendrites and the dendritic spines of neurons play key roles in the connectivity of the brain and have been recognized as the locus of long-term synaptic plasticity, which is correlated with learning and memory. The development of dendrites and spines in the mammalian central nervous system is a complex process that requires specific molecular events over a period of time. It has been shown that specific molecules are needed not only at the spines point of contact, but also at a distance, providing signals that initiate a cascade of events leading to synapse formation. The specific molecules that act to …

Comparing Levels Of Anti-Fat Bias Between American And Mexican Athletes And Undergraduate Physical Education And Exercise Science Students, Miriam M. Wood

Theses and Dissertations

Purpose: The present study aimed to replicate and extend Chambliss et al., (2004) research by measuring and comparing the ratings of anti-fat bias between American and Mexican athletes and undergraduate physical education and exercise science students. Second, the study aimed to investigate a possible socially desirable response threat to the validity of the explicit anti-fat bias measure. Method: Undergraduate (n = 63) student in the US (M = 20.85 yr), undergraduate (n = 40) students in Mexico (M= 27.23 yr) and Mexican athletes (n =15) filled out four self-reported questionnaires to investigate their levels of anti-fat bias. The questionnaires included …

Structure Of Narratives: Applying Propp's Folktale Morphology To Entertainment-Education Films, Divya Sreenivas

Communication ETDs

This study examines narrative strategies through which feature films accomplish the dual role of entertainment-education to shape social reality surrounding health issues. More specifically, exploring films' narrative structures and characterization, this study illuminates how a coherent HIV/AIDS narrative is woven into cinematic artifacts laden with specific cultural values, beliefs and practices. The entertainment-education literature has rarely undertaken a study of films to demonstrate their entertainment-education potential. Moreover, by taking a structuralist perspective and utilizing narrative theories this study uncovers underlying elements that cut across narratives. According to Fisher (1987), the proponent of narrative theory, narratives are moral constructs with values …

Characterization Of The Sero-Reactivity Of Proteins Map1152 And Map1156 From Mycobacterium Avium Subspecies Paratuberculosis, Avery L. Paulson

School of Veterinary and Biomedical Sciences: Dissertations, Theses, and Student Research

Mycobacterium avium subsp. paratuberculosis (MAP) causes Johne’s disease (JD) in ruminants. Development of genetic tools and completion of the MAP genome sequencing project expanded opportunities for antigen discovery. In this thesis, I review the current trends in diagnosis and disease control of JD and present the results of the studies on the seroreactivity of two proteins encoded for by the MAP1152-MAP1156 gene cluster. MAP1152 encodes for a PPE protein and MAP1156 encodes a diacylglycerol acyltransferase involved in triglyceride metabolism and classified in the uncharacterized protein family UPF0089. Maltose-binding protein (MBP) tagged recombinant MAP proteins were purified from Escherichia coli. …

Staphylococcus Aureus Virulence Factors Synthesis Is Controlled By Central Metabolism, Yefei Zhu

School of Veterinary and Biomedical Sciences: Dissertations, Theses, and Student Research

Staphylococcus aureus is a versatile pathogen that can survive in diverse host environments. This versatility depends on its ability to sense nutrients and respond by modulating gene expression, including the synthesis of virulence determinants. In addition to its ability to synthesize virulence factors, the capacity of S. aureus to form biofilms is an important mediator of virulence in certain infections. Biofilms are a complex aggregation of bacteria commonly encapsulated by an adhesive exopolysaccharide matrix (polysaccharide intercellular adhesin; PIA). To study S. aureus biofilm formation, we assessed the metabolic requirements of S. aureus growing in a biofilm and …

The In Situ Function Of A Microbial Community Profiled By Ft-Ir: A Snapshot In Time, Ryan Roberts

Department of Biochemistry: Dissertations, Theses, and Student Research

Photographs of an ecosystem are an important tool in macro-community ecology. The photograph is a permanent record of species phenotype. In microbiology, biochemical activity provides the most descriptive information of an organism’s phenotype. A method for fingerprinting all biochemical activities occurring within a microbial community is analogous to a photograph. Infrared spectroscopy in the region between wavelengths 2500 to 20,000 nm (mid-IR) is a well established instrumental method for fingerprinting the total biochemical profile of axenic cultures. Spectra are complex and sensitive as demonstrated by the ability to discriminate between strains of bacteria, fungi, and algae. This thesis develops the …

Two-Layered Pulsatile Blood Flow In A Stenosed Artery With Body Acceleration And Slip At Wall, Devajyoti Biswas, Uday Shankar Chakraborty

Applications and Applied Mathematics: An International Journal (AAM)

Pulsatile flow of blood through an artery in presence of a mild stenosis has been investigated in this paper assuming the body fluid blood as a two-fluid model with the suspension of all the erythrocytes in the core region as Bingham Plastic and the peripheral region of plasma as a Newtonian fluid. This model has been used to study the influence of body acceleration, non- Newtonian nature of blood and a velocity slip at wall, in blood flow through stenosed arteries. By employing a perturbation analysis, analytic expressions for the velocity profile, Plug-core radius, flow rate, wall shear stress and …

Rhinorrhea, Cough And Fatigue In Patients Taking Sitagliptin, James N. Baraniuk, Mary J. Jamieson

ETSU Faculty Works

Sitagliptin is a dipeptidyl peptidase-4 (DPP IV, CD26) inhibitor indicated for treatment of Type II diabetes as a second line therapy after metformin. We report fifteen sitagliptin intolerant patients who developed anterior and posterior rhinorrhea, cough, dyspnea, and fatigue. Symptoms typically developed within 1 to 8 weeks of starting, and resolved within 1 week of stopping the drug. Peak expiratory flow rates increased 34% in 8 patients who stopped sitagliptin. Similar changes were found in 4 out of 5 persons who had confirmatory readministration. Chart review identified 17 patients who tolerated sitagliptin and had no symptomatic changes. The sitagliptin intolerant …

Zoledronic Acid: Clinical Utility And Patient Considerations In Osteoporosis And Low Bone Mass, Ronald C. Hamdy

ETSU Faculty Works

The availability of a once-a-year zoledronic acid infusion heralds a new era in the management of osteoporosis. It virtually eliminates the problem of poor compliance with orally administered bisphosphonates and, because it bypasses the gastrointestinal tract, it is not associated with gastrointestinal side effects. Zoledronic acid is effective for the treatment and prevention of postmenopausal osteoporosis, and for the treatment of osteoporosis in men, and glucocorticoid- induced osteoporosis. When administered within three months of a hip fracture, it reduces mortality and the risk of subsequent fractures. It is remarkably free of serious adverse effects. After administration of the intravenous infusion, …

Race And Psychological Distress: The South African Stress And Health Study, Pamela Braboy Jackson, David R. Williams, Dan J. Stein, Allen Herman, Stacey L. Williams, Deidre L. Redmond

ETSU Faculty Works

We analyze data from the South African Stress and Health Study, a nationally representative in-person psychiatric epidemiologic survey of 4,351 adults conducted as part of the World Mental Health Survey Initiative between January 2002 and June 2004. All blacks (Africans, Coloreds, and Indians) initially report higher levels of non-specific distress and anger/hostility than whites. Access to socioeconomic resources helps explain differences in non-specific distress between Coloreds and whites and Indians and whites. However, only when social stressors are considered do we find few differences in psychological distress (i.e., non-specific distress and anger/hostility) between Africans and whites. In addition, self-esteem and …

New Fat Free Mass - Fat Mass Model For Use In Physiological Energy Balance Equations, Diana Thomas, Sai Das, James A. Levine, Corby K. Martin, Laurel Mayer, Andrew Mcdougall, Boyd J. Strauss, Steven B. Heymsfield

Department of Mathematics Faculty Scholarship and Creative Works

Background: The Forbes equation relating fat-free mass (FFM) to fat mass (FM) has been used to predict longitudinal changes in FFM during weight change but has important limitations when paired with a one dimensional energy balance differential equation. Direct use of the Forbes model within a one dimensional energy balance differential equation requires calibration of a translate parameter for the specific population under study. Comparison of translates to a representative sample of the US population indicate that this parameter is a reflection of age, height, race and gender effects. Results: We developed a class of fourth order polynomial equations relating …

From The Reference Desk-Reviews Of Reference Titles, Tom Gilson

Against the Grain

No abstract provided.