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2010

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The Duty To Consult And Accommodate: Procedural Justice As Aboriginal Rights, Lorne Sossin Jan 2010

The Duty To Consult And Accommodate: Procedural Justice As Aboriginal Rights, Lorne Sossin

Articles & Book Chapters

This article explores the development and application of the “duty to consult and accommodate” from an administrative law perspective and more broadly con- siders the promise and limitations of procedural justice through the context of ab- original rights. The question addressed in this article is the relationship between procedural justice and substantive outcomes in the context of aboriginal rights in Canada. More specifically, by developing a “duty to consult and accommodate” on the part of the Crown with aboriginal communities who have asserted but not yet proven land claims, has the Court advanced the potential for reconciliation, or provided a …


Parent's Guide, 2010-2014, Illinois State University, Dean Of Students Office, Parent Services Jan 2010

Parent's Guide, 2010-2014, Illinois State University, Dean Of Students Office, Parent Services

Parent and Family Guide

Campus guide prepared by the Illinois State University Dean of Students Office's Parent Services Department


Saving Saba Bank: Policy Implications Of Biodiversity Studies, Paul C. Hoetjes, Kent E. Carpenter Jan 2010

Saving Saba Bank: Policy Implications Of Biodiversity Studies, Paul C. Hoetjes, Kent E. Carpenter

Biological Sciences Faculty Publications

Saba Bank has always been an area of special importance to the neighboring island of Saba in the Netherlands Antilles. Sabans traditionally fished on the Bank as far back as 1907, but increasing foreign fishing pressures on the Bank in the 1970s and 1980s forced many Saban fishermen out. Concerns were compounded by the suspicion that shipping was also damaging the benthic habitat of the bank. Fishery legislation, enacted in 1996, brought an end to unlicensed fishing and established Coast Guard enforcement on the Bank, but also led to protests from neighboring countries that previously fished on the Bank.Research was …


The Impact Of Conservation On The Status Of The World's Vertebrates, Michael Hoffmann, Craig Hilton-Taylor, Ariadne Angulo, Monika Böhm, Thomas M. Brooks, Stuart H. M. Butchart, Kent E. Carpenter, Janice Chanson, Beth A. Polidoro, Jonnell C. Sanciangco Jan 2010

The Impact Of Conservation On The Status Of The World's Vertebrates, Michael Hoffmann, Craig Hilton-Taylor, Ariadne Angulo, Monika Böhm, Thomas M. Brooks, Stuart H. M. Butchart, Kent E. Carpenter, Janice Chanson, Beth A. Polidoro, Jonnell C. Sanciangco

Biological Sciences Faculty Publications

Using data for 25,780 species categorized on the International Union for Conservation of Nature Red List, we present an assessment of the status of the world's vertebrates. One-fifth of species are classified as Threatened, and we show that this figure is increasing: On average, 52 species of mammals, birds, and amphibians move one category closer to extinction each year. However, this overall pattern conceals the impact of conservation successes, and we show that the rate of deterioration would have been at least one-fifth again as much in the absence of these. Nonetheless, current conservation efforts remain insufficient to offset the …


Factors Affecting Retention In Online Courses, Victoria L. Berling Jan 2010

Factors Affecting Retention In Online Courses, Victoria L. Berling

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to expand what is known regarding the factors that relate to successful completion of online, undergraduate college courses. It addressed 13 student factors available through archival data at Northern Kentucky University based on 1,493 students enrolled in fully online courses in fall 2008. It included programmatic membership as the fourteenth variable. The study employed both logistic regression analysis and multiple regression analysis. The dependent variable for the logistic regression analysis was dichotomous based on completion of all online courses with a grade of ―D‖ or better (yes or no). The dependent variable for the …


Health Check: Analyzing Trends In West Michigan, Grand Valley State University Jan 2010

Health Check: Analyzing Trends In West Michigan, Grand Valley State University

Health Check: Analyzing Trends in West Michigan

No abstract provided.


E Pluribus Unum: Data And Operations Integration In The California Criminal Justice System, W. David Ball Jan 2010

E Pluribus Unum: Data And Operations Integration In The California Criminal Justice System, W. David Ball

Faculty Publications

This Article reflects some of the insights from the Stanford Criminal Justice Center's (SCJC's) year-long project on data and operations integration in California's criminal justice system. Part I lays out some of the benefits of an integrated system as a means of illustrating why law enforcement agencies across the state are actively pursuing data integration. Part II discusses three organizational and political obstacles to creating an integrated system: defining what we mean by  the criminal justice "system," drawing boundaries of relevant networks, and resolving tensions among state and local agencies with concurrent jurisdiction. Part III then discusses three ways in …


Legal Transitions And The Problem Of Reliance, David M. Hasen Jan 2010

Legal Transitions And The Problem Of Reliance, David M. Hasen

Faculty Publications

This Article analyzes the literature on legal transitions. The principal focus is taxation, but the analysis generalizes to other areas. I argue that the theoretical apparatus developed by scholars active in the legal transitions area suffers from significant conceptual shortcomings. These shortcomings include the unwarranted assimilation of legal to factual change, the naturalization of conventional arrangements, and the disregard of the distinction between making law and finding it. As a consequence, the recent literature offers an analysis that is unable either to explain actual transitions or to provide an adequate theory of how legal change should take place. In the …


Pharmaceutical Reverse Payment Settlements: Presumptions, Procedural Burdens, And Covenants Not To Sue Generic Drug Manufacturers, Catherine J. K. Sandoval Jan 2010

Pharmaceutical Reverse Payment Settlements: Presumptions, Procedural Burdens, And Covenants Not To Sue Generic Drug Manufacturers, Catherine J. K. Sandoval

Faculty Publications

This Article analyzes recent developments in antitrust law, focusing on agreements between pharmaceutical patent holders and generic drug manufacturers that require a generic manufacturer to delay its market entry in exchange for a payment or other consideration from the patent holder. A predictable consequence of settlements that delay the marketing of a generic drug is that prices for the patented drug will remain higher than if the generic competitor had prevailed in its challenge to the patent's validity or the patent holder had failed to show that the generic infringed on its patent. Analysis of the legality of these settlements …


Engaging A Systems Approach To Evaluate Domestic Violence Intervention With Abusive Men: Reassessing The Role Of Community, Courtenay Silvergleid Wallpe Jan 2010

Engaging A Systems Approach To Evaluate Domestic Violence Intervention With Abusive Men: Reassessing The Role Of Community, Courtenay Silvergleid Wallpe

Dissertations and Theses

The domestic violence movement has had remarkable success illuminating the scope, prevalence and consequences of battering, but has been more limited in its ability to successfully intervene and prevent abuse of women by their intimate male partners. Surprisingly, there has been little research directed at understanding why intervention strategies with perpetrators are only minimally effective. Studies have focused on assessing the degree to which and for whom individual components such as arrest, prosecution and psycho-educational programs for abusive men are successful, but few explorations have attempted to describe limitations and challenges to the domestic violence intervention 'system as a whole'. …


Grades In Prerequisite Courses As Predictors Of Success In A Nursing Program, Elaine Zeilke Foster Jan 2010

Grades In Prerequisite Courses As Predictors Of Success In A Nursing Program, Elaine Zeilke Foster

Dissertations

Problem: The U.S. Bureau of Labor Statistics forecast that by 2016 more than one million new and replacement nurses will be needed to fill jobs in the health care field . In order to meet the medical needs of a changing society, schools of nursing must continue to educate and graduate significant numbers of nurses. This may be done by increasing the success rates of those who are admitted in nursing programs. Success rate is thought to be related to admission criteria used to admit students which, in turn, may reduce attrition rate, which is between 20 to 40% in …


The Regulation Of Reputational Information, Eric Goldman Jan 2010

The Regulation Of Reputational Information, Eric Goldman

Faculty Publications

This essay considers the role of reputational information in our marketplace. It explains how well-functioning marketplaces depend on the vibrant flow of accurate reputational information, and how misdirected regulation of reputational information could harm marketplace mechanisms. It then explores some challenges created by the existing regulation of reputational information and identifies some regulatory options for the future.


Language Assistance And Local Voting Rights Law, Angelo N. Ancheta Jan 2010

Language Assistance And Local Voting Rights Law, Angelo N. Ancheta

Faculty Publications

No abstract provided.


Canadian Securities Regulation And The Global Financial Crisis [The Walter S. Owen Lecture], Mary Condon Jan 2010

Canadian Securities Regulation And The Global Financial Crisis [The Walter S. Owen Lecture], Mary Condon

Articles & Book Chapters

This 2009 lecture addresses the possible implications of the global financial crisis ("GFC") for Canadian securities regulation. I want to concentrate my remarks about the effects of the GFC on Canadian securities regulation in three areas: (i) the possible effects of the GFC on recent discourses of securities regulation, by which I mean emerging philosophies such as "principles-based regulation" and "risk-based regulation", (ii) the increasing influence of international securities organizations, especially the International Organization of Securities Commissions ("IOSCO"), on domestic regulation, and (iii) the burgeoning international debate about structural reforms to domestic regulatory arrangements in the financial sector.


Taxation Of Domestic Partner Benefits: The Hidden Costs, Patricia A. Cain Jan 2010

Taxation Of Domestic Partner Benefits: The Hidden Costs, Patricia A. Cain

Faculty Publications

Many employers provide domestic partner benefits to their employees, especially in the form of health care plans. Domestic partners are not considered spouses under the Internal Revenue Code. Nor, of course, are same-sex spouses so long as DOMA is in effect. Many employers assume that this means all domestic partner (or same-sex spouse) benefits are taxable under the federal tax law. But this is not true. A partner (or same-sex spouse) can qualify as a dependent and benefits paid to dependents are also tax-exempt. A person can qualify as a dependent for purposes of excluding the value of health care …


Production, Characterization And Possible Applications Of Monoclonal Antibodies Generated Against Toluene Diisocyanate-Conjugated Proteins, Tinashe Blessing Ruwona Jan 2010

Production, Characterization And Possible Applications Of Monoclonal Antibodies Generated Against Toluene Diisocyanate-Conjugated Proteins, Tinashe Blessing Ruwona

Dissertations and Theses

Diisocyanates are very reactive low molecular weight chemicals that are widely used in the manufacture of polyurethane products. Diisocyanate exposure is one of the most commonly reported causes of occupational asthma. Although diisocyanates have been identified as causative agents of respiratory diseases, the specific mechanisms by which these diseases occur remain largely unknown.

Tandem mass spectrometry was used to unambiguously identify the binding site of isocyanates within four model peptides (Leu-enkephalin (Leu-enk, YGGFL), Angiotensin I (DRVYIHPFHL), Substance P-amide (RPKPQQFFGLM-NH2), and Fibronectin-adhesion promoting peptide (FAPP, WQPPRARI)). In each case, isocyanates were observed to react to the N-terminus of the …


Understanding The Development Of Self-Determination In Youth With Disabilities In Foster Care, Jennifer L. Powers Jan 2010

Understanding The Development Of Self-Determination In Youth With Disabilities In Foster Care, Jennifer L. Powers

Dissertations and Theses

Youth in foster care who experience disabilities face many challenges as they transition out of foster care and into adulthood. In order to assist these youth, it is crucial to understand factors that may impact their self-determination, which research links to positive transition outcomes for youth with disabilities (Wehmeyer, Palmer, Agran, Mithaug, & Martin, 2000). While much of the existing research on the correlates and outcomes of self-determination focuses on young people with disabilities overall, and little is known about whether factors such as abuse, family stressors and extended length of time in care, and frequent placement changes influence self-determination. …


Anaerobic Degradation Of Polycyclic Aromatic Hydrocarbons At A Creosote-Contaminated Superfund Site And The Significance Of Increased Methane Production In An Organophilic Clay Sediment Cap, Kiara L. Smith Jan 2010

Anaerobic Degradation Of Polycyclic Aromatic Hydrocarbons At A Creosote-Contaminated Superfund Site And The Significance Of Increased Methane Production In An Organophilic Clay Sediment Cap, Kiara L. Smith

Dissertations and Theses

The overall goal of this work was to investigate microbial activity leading to the anaerobic degradation of polycyclic aromatic hydrocarbons and an organophilic clay sediment cap used at a creosote-contaminated Superfund site. To determine whether or not PAHs were being degraded under anaerobic conditions in situ, groundwater and sediment porewater samples were analyzed for metabolic biomarkers, or metabolites, formed in the anaerobic degradation of naphthalene (a low-molecular weight PAH). In addition, a groundwater push-pull method was developed to evaluate whether the transformation of deuterated naphthalene to a deuterated metabolite could be monitored in situ and if conservative rates of transformation …


0777: Kenneth Hechler Papers, 1958-1976, Marshall University Special Collections Jan 2010

0777: Kenneth Hechler Papers, 1958-1976, Marshall University Special Collections

Guides to Manuscript Collections

Personal family papers, photographs and correspondence. Includes research material for Hechler's book, "The Bridge at Remagen". Also includes campaign material for Congressional races, West Virginia Secretary of State and a bid for the governorship of West Virginia.


Media Literacy Education : A Case Study Of The New Mexico Media Literacy Project, Sam Nkana Jan 2010

Media Literacy Education : A Case Study Of The New Mexico Media Literacy Project, Sam Nkana

Dissertations

Problem. England and Australia are the frontrunners in the establishment of media literacy education in schools, providing performance and content standards, norm-referenced tests, and pre-service university training for a specialty in media education. Canada is also in the advanced stage in the development of a media literacy curriculum. The United States, although a major producer of media, lags behind these countries in preparing its teachers and students to understand the media. Although national education standards and the curricular frameworks of all 50 states now contain one or more elements calling for some form of media literacy education, only a handful …


The Lived Experience: Pulmonary Arterial Hypertension And Intravenous Prostaglandin Therapy, Phyllis D. Boone Jan 2010

The Lived Experience: Pulmonary Arterial Hypertension And Intravenous Prostaglandin Therapy, Phyllis D. Boone

Masters Theses

A descriptive phenomenological study was proposed to obtain a subjective description of the experience of living with intravenous prostaglandin treatment for pulmonary arterial hypertension. It was intended to determine what kinds of elements are common to the experience with study participants, to develop an aggregate structure of the experience from the individual descriptions of it, and add to what is now known about this phenomenon. It was anticipated that the stories told by the participants could help to determine how nurses can assist future patients to live optimally within the confines of a palliative treatment for this incurable illness.

Unfortunately, …


In Vivo Human Skeletal Muscle Glycogen Measured By Chemical Exchange Saturation Transfer (Glycocest) And 13C Mrs At 7t, Theodore Towse, Adienne Dula, Samuel Bearden, Edward Welch, James Joers, Seth Smith, Bruce Damon Jan 2010

In Vivo Human Skeletal Muscle Glycogen Measured By Chemical Exchange Saturation Transfer (Glycocest) And 13C Mrs At 7t, Theodore Towse, Adienne Dula, Samuel Bearden, Edward Welch, James Joers, Seth Smith, Bruce Damon

Peer Reviewed Articles

CEST is a molecular imaging technique that allows indirect detection of protons associated with mobile proteins. GlycoCEST is a variant of CEST for imaging tissue glycogen, the storage form of glucose. With glycoCEST, the -OH protons of glycogen are saturated, transfer the saturation to bulk water by way of chemical exchange which reduces the bulk water signal in proportion to the glycogen content. the purpose of this study was to determine the feasibility of glycoCEST imaging in human skeletal muscle at 7T. Our findings, although preliminary, suggest that glycoCEST imaging at 7T can be used to image muscle glycogen.


Impact Of Cage Size And Enrichment (Tube And Shelf) On Heart Rate Variability In Rats, Anna E. Brauner, David T. Kurjiaka, Angela Ibragimov, Ann L. Baldwin Jan 2010

Impact Of Cage Size And Enrichment (Tube And Shelf) On Heart Rate Variability In Rats, Anna E. Brauner, David T. Kurjiaka, Angela Ibragimov, Ann L. Baldwin

Peer Reviewed Articles

Rats respond physiologically and behaviorally to environmental stressors. As cage conditions can be a stressor, it is important that experimental results acquired from caged rats are not confounded by these responses. This study determined the effects of cage size and cage enrichment (tube and shelf) on heart rate variability (HRV) in rats as a measure of stress. Electrocardiogram data were collected from 5 male Sprague-Dawley rats, each implanted with a radio-telemetric transducer to assess the ratio of the low to high frequency components of the HRV power spectrum (LF/HF). This ratio reflects the degree of sympathetic versus parasympathetic nervous activity …


Visual Learning And Discrimination Of Abstract Visual Shapes By Crayfish, Matthew J. Boeve, Daniel A. Bergman Jan 2010

Visual Learning And Discrimination Of Abstract Visual Shapes By Crayfish, Matthew J. Boeve, Daniel A. Bergman

Student Summer Scholars Manuscripts

In nature, animals commonly experience multiple combinations of stimuli at various points in time. When two or more seemingly unrelated stimuli are detected at the same time using different sensory systems, there is the potential for an association to form between the stimuli. The animal may learn and show a response originally associated with one stimulus when it now detects the second stimulus. These stimuli are the unconditioned and conditioned stimulus of classical and operant conditioning. Many species of animals are known to learn via operant conditioning and a variety of responses can become associated with formerly neutral stimuli. Crayfish …


Hawthorn Extract - Viable Treatment For Cardiovascular Disease Or Unscrupulous Herbal Supplement?, Andrea Lowing, Frank Sylvester Jan 2010

Hawthorn Extract - Viable Treatment For Cardiovascular Disease Or Unscrupulous Herbal Supplement?, Andrea Lowing, Frank Sylvester

Student Summer Scholars Manuscripts

In the past Hawthorn leaves, berries and flowers have been used in Asia to treat hypertension (high blood pressure) and other cardiovascular diseases. It is hypothesized that the Hawthorn extract acts as a vasodilator increasing the size of the lumen of blood vessels by relaxing the smooth muscle. This occurs by decreasing the amount of calcium that is present in the cytosol by either increasing the effectiveness of the Ca2+ -ATPase pump or by altering the Na+ -Ca2+ antiport exchanger. With this decrease in cytosolic calcium the calcium unbinds from CaM causing the enzyme myosin phosphatase to …


Understanding Rural Sprawl: A Look At Osceola County, Michigan, Nate Engle Jan 2010

Understanding Rural Sprawl: A Look At Osceola County, Michigan, Nate Engle

SPNHA Review

The term “sprawl” has been a part of the land use lexicon since the mid-1940s. While it has traditionally been prefixed by the word “urban,” rural sprawl has entered land use vocabulary since the 1970s. Rural sprawl can be understood as a demographic manifestation of conservative America’s rejection of the social and economic movements of the 1960s. Much of this rejection involved chastising urban centers and solidifying political bases in the suburbs. However, like the movement to escape core cities during the 1950s and 60s, the last three decades have seen a shift by many of conservative America’s members to …


Nonprofit Organizations And The Emerging Potential Of Social Media And Internet Resources, David Miller Jan 2010

Nonprofit Organizations And The Emerging Potential Of Social Media And Internet Resources, David Miller

SPNHA Review

The purpose of this paper is to examine how social media and Internet resources are helping nonprofit organizations (NPOs) work to achieve their mission. Throughout the paper, three environmental nonprofits—West Michigan Environmental Action Council, Energy Action Coalition, and Greenpeace—serve as a microcosm for how Social Media is currently being used by environmental NPOs. This paper is focused on several different types of social media sites, including social networking sites, blogging sites, and multimedia sites. Examples are given of how these sites have been successful, and how they have been less successful than originally hoped. The effectiveness and usefulness of Internet …


The Us Nursing Shortage And Nonprofits, Andrea Rossman Jan 2010

The Us Nursing Shortage And Nonprofits, Andrea Rossman

SPNHA Review

The United States is currently experiencing a shortage of full time employed registered nurses at near crisis levels. Nonprofit health care organizations are on the front lines of healthcare in America and are experiencing the burden created by the nursing shortage first hand. This Paper begins by examining the issue of the US nursing shortage and the role of Nonprofit Healthcare organizations in solving the problem. It explores numerous factors that are contributing to the problem such as poor working conditions, low wages, insufficient numbers of nurse educators, insufficient access to nursing education, and insufficient marketing of nursing careers. It …


Port Development In Muskegon, Michigan, Brian Mulnix Jan 2010

Port Development In Muskegon, Michigan, Brian Mulnix

SPNHA Review

Muskegon Lake provides one of the deepest ports on the Great Lakes. While the port is used on a regular basis for recreational and commercial activity, there may be potential for expanding these activities and providing for a self-sustaining facility that will provide the needed infrastructure to enhance port use in Muskegon. Regionally, West Michigan provides an extensive transportation network that would support such development. With the manufacturing and agricultural base in West Michigan, there is much potential for an expanded import-export market that would provide port related activity. My research provides a basic framework for looking at the port …


Directors's Message, Mark Hoffman Jan 2010

Directors's Message, Mark Hoffman

SPNHA Review

No abstract provided.