Digital Commons Network^™

A "Narrow Exception" Run Amok: How Courts Have Misconstrued Employee-Rights Laws' Exclusion Of "Policymaking" Appointees, And A Proposed Framework For Getting Back On Track, Angela Galloway

Washington Law Review

The civil rights and workplace protections afforded some government workers vary vastly nationwide because federal circuit courts disagree over how to interpret an exemption common to five landmark employment statutes. Each statute defines “employee” for its purposes to exclude politicians and certain categories of politicians’ appointees—including government employees appointed by elected officials to serve at “the policymaking level.” Neither Congress nor the United States Supreme Court has defined who belongs to the “policymaking-level” class. Consequently, lower federal courts across the country have adopted their own standards to fill the gap, creating a wide circuit split. At stake in this employment …

Controlling Biofouling By Surface Engineering And Molecular Inhibition, Debjyoti Bandyopadhyay

Chemistry - Dissertations

The common theme that binds together all the chapters in this dissertation is anti-biofouling chemistry. By utilizing tools of surface engineering and molecular inhibition, a hypothesis driven, systematic approach of controlling the different forms of biofoulings such as protein adsorption, mammalian cell adhesion and biofilm formation is presented. Chapter 1 provides a brief introduction about topics relevant for understanding the studies presented in subsequent chapters. Chapter 2 reports the synthesis of enantiomerically pure alkanethiols that terminate with different stereoisomer's of sugar alcohols, and the effect of chirality of these polyol-terminated self-assembled monolayers (SAMs) on resisting protein adsorption.

Chapter 3 …

Growing Up Gay In Black America: An Exploration Of The Coming Out Process Of Queer African American Youth, Demarquis Clarke

Marriage and Family Therapy - Dissertations

Although it is commonly acknowledged that homophobia and racial marginalization influence queer African American male youth, there is very little research to back up this belief. Due to the paucity of information for clinicians, families, and communities on the relational dynamics of queer African American male youth and their parents, queer African American male youth were interviewed to explore the ways in which they understand their experience of the disclosure process, paying particular attention to the interface between race and sexual orientation and relational dynamics. This exploratory, qualitative study examined data gathered in interviews with individual male youth that identified …

Following In Paul Miller's (Very Large) Footsteps, Chai R. Feldman

Washington Law Review

Paul Miller was incredibly proud of the work he did as a Commissioner of the Equal Employment Opportunity Commission (EEOC). I thought I understood why that was so during the years that I knew him—both while he was a Commissioner and then later as a fellow academic. But I understand Paul’s pride a great deal more now.

Foreclosing Modifications: How Servicer Incentives Discourage Loan Modifications, Diane E. Thompson

Washington Law Review

Despite record losses to investors, homeowners, and surrounding communities, the foreclosure crisis continues to swell. Many commentators have urged an increase in the number of loan modifications as a solution to the foreclosure crisis. The Obama Administration created a program specifically designed to encourage modifications. Yet, the number of foreclosures continues to outpace modifications. One reason foreclosures outpace modifications is that the mortgage-modification decision maker’s incentives generally favor a foreclosure over a modification. The decision maker is not the investor or the lender, but a separate entity, the servicer. The servicer’s main function is to collect and process payments from …

News From Hope College, Volume 43.3: December, 2011, Hope College

News from Hope College

No abstract provided.

Patterns Of Acoustical Activity Of Bats Prior To And Following White-Nose Syndrome Occurrence, W. Mark Ford, Eric R. Britzke, Christopher A. Dobony, Jane L. Rodrigue, Joshua B. Johnson

KIP Articles

White-nose Syndrome (WNS), a wildlife health concern that has decimated cave-hibernating bat populations in eastern North America since 2006, began affecting source-caves for summer bat populations at Fort Drum, a U.S. Army installation in New York in the winter of 2007–2008. As regional die-offs of bats became evident, and Fort Drum's known populations began showing declines, we examined whether WNS-induced change in abundance patterns and seasonal timing of bat activity could be quantified using acoustical surveys, 2003–2010, at structurally uncluttered riparian–water habitats (i.e., streams, ponds, and wet meadows). As predicted, we observed significant declines in overall summer activity between pre-WNS …

Property's Memories, Eduardo Peñalver

Articles

No abstract provided.

Creche Herald Vol. 15, No. 4, Rita B. Bocher

Creche Herald

The Winter 2011-12 publication features nativity sets and personal reflections from members in the organization; information about nativities and nativity exhibits; and information about the Friends of the Creche annual meeting.

Expanding The Temporal Dimensions Of Developmental Biology: The Role Of Environmental Agents In Establishing Adult-Onset Phenotypes, Scott F. Gilbert

Biology Faculty Works

Developmental biology is expanding into several new areas. One new area of study concerns the production of adult-onset phenotypes by exposure of the fetus or neonate to environmental agents. These agents include maternal nutrients, developmental modulators (endocrine disruptors), and maternal care. In all three cases, a major mechanism for the generation of the altered phenotype is chromatin modification. Nutrient conditions, developmental modulators, and even maternal care appear to alter DNA methylation and other associated changes in chromatin that regulate gene expression. This brings a new, under-appreciated, dimension of gene regulation into developmental biology, and it also demonstrates the poverty of …

Turning Pebbles (Human Rights Watch), Truth, Justice, And Reconciliation Commission

VII. Academic and Civil Society Analysis

No abstract provided.

Special Index To Volume 82, 2011, Tennessee Ornithological Society

The Migrant - Tennessee Ornithological Society

No abstract provided.

Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White

Washington Journal of Environmental Law & Policy

This article rebuts certain assertions made by Mr. Thomas Schlosser in a recent article entitled Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements. The Klamath hydroelectric dams are not causing degrading fish disease conditions in the Klamath Basin. Dewatering Trust Responsibility overlooks the effects of water diversions for agriculture, pollution from pesticides and industrial operations and habitat degradation from timbering, ranching and other human activities on current Basin conditions. Under the Klamath Hydroelectric Settlement Agreement and the Federal Energy Regulatory Commission license, PacifiCorp is taking extensive measures to protect aquatic resources in the Basin prior to …

Beyond The Blaze: Strategies For Improving Forest Service Fire Suppression Policies, Aurora R. Janke

Washington Journal of Environmental Law & Policy

Current Forest Service fire management policies restrict NEPA’s application to fire suppression actions and contribute to a lack of detailed information about the effectiveness and environmental impact of suppression efforts. Decisions by the U.S. District Court for the District of Montana in the Forest Service for Environmental Ethics v. U.S. Forest Service litigation suggest that NEPA review applies to commonly used fire suppression tactics and that the Forest Service should conduct this review before fires occur. Other recent federal district court decisions and congressional concern with current fire suppression efforts support the need for NEPA review in the fire suppression …

Creating An Environmental No-Man's Land: The Tenth Circuit's Departure From Environmental And Indian Law Protecting A Tribal Community's Health And Environment, Claire R. Newman

Washington Journal of Environmental Law & Policy

When Congress set aside reservations as permanent homelands for American Indian people, it intended that the reservations remain “livable environments.” When resource conflicts arise in “checkerboard” areas outside Indian reservations—where land ownership alternates between a tribe, state, the federal government and private, non-Indian landowners—disputes over regulatory jurisdiction and environmental protection intensify. Two recent Tenth Circuit opinions determining the next generation of uranium mining in the checkerboard area of the Navajo Nation, depart from the intent of environmental laws and fail to uphold federal agencies’ trust responsibilities to the Tribe. These cases illustrate the legal vulnerabilities tribal communities in checkerboard areas …

Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers Jr., Jason Derosa, Sarah Reyneveld

Washington Journal of Environmental Law & Policy

The Deepwater Horizon oil spill of April 20, 2010 initiated an environmental disaster that presented attorneys on both sides of the legal action with monumental challenges. Using the satirical format of a memo written by the corporate defense counsel to BP America four days after the spill began, this article investigates BP’s potential liability and strategic defense positions available in criminal and civil proceedings. Major federal environmental laws, including the Oil Pollution Act, the Clean Water Act and major wildlife protection statutes, are implicated by the Spill. The memo provides a clear picture of the existing opportunities for a responsible …

A Journey Into Creative Play: Its Purpose, Effects And Overall Impact, Meagan Bender

Creativity and Change Leadership Graduate Student Master's Projects

An interactive journey into the effects and impacts of play on the creative process is explored through an online blog using Google Blogger. The purpose of my project was to explore the connection play has on the creative process. I combined my curiosity of playfulness as a key affective skill with my love for playing with my children onto an interactive website for all to be able to experience my journey. My hope was that by viewing my blog it would inspire others to incorporate more play in their daily lives. My intent was to show that creative play fosters …

Developing A Marketing Plan Using Design Thinking, Rebecca L. Reilly

Creativity and Change Leadership Graduate Student Master's Projects

Design Thinking has become associated with some of the most innovative products coming out in the market today. Though it was originally a model used to design products, practitioners have found it also helps companies develop innovative mindsets throughout their organizations. This project takes Design Thinking in another direction, where it is not applied to something that already exists, but instead serves as the incubator for a marketing plan that will be used to convince small to medium-sized Western New York businesses to consider doing business in Korea. This project will give insight into how to use Design Thinking to …

Secret's Out: The Ineffectiveness Of Current Trade Secret Law Structure And Protection For Global Health, Stephanie Zimmerman

Penn State International Law Review (1982 - 2011)

No abstract provided.

December 2011 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.

The Banner - V. 146, No. 12 - (December 2011), Christian Reformed Church In North America

The Banner

10 - Editorial: Royalists by Bob De Moor / 11 - Catch Your Breath: World Sorrow by Sarah VanderMolen / 12 - IMHO: Evolution and the Young Adult Exodus by Steve Roels and Sarah Bodbyl Roels / 12 - Letters to the Editor / 14 - News: Evangelical Fellowship of Canada defends religious speech. / 21 - Next: Why I Believe in Santa Claus by Sam Gutierrez / 22 - Humanizing Church Order and Family Devotions by Sandy Swartzentruber / 23 - The View from Here: In the Record by Joel Boot / 26 - The Ways We Tell the …

Patent-Eligible Inventions After Bilski: History And Theory, Joshua D. Sarnoff

UC Law Journal

The U.S. Supreme Court has continued to require that patentable subject-matter eligibility determinations be made by reference to three historic, categorical exclusions (scientific principles, natural phenomena, and abstract ideas), which must be treated as if already known even when newly discovered by the applicant. Various thoughtful scholars have alternatively urged that these exclusions should be viewed restrictively or that such eligibility decisions should be avoided. But these scholars underappreciate the systemic and social benefits of categorical exclusions, and particularly of treating these categories as if they were already known prior art. In any event, the Federal Circuit, the U.S. Patent …

The Marian Library Newsletter: Issue No. 58, University Of Dayton. Marian Library

Marian Library Newsletter

No abstract provided.

Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser

American University Law Review

In Snyder v. Phelps, the United States Supreme Court struck down a damages award against Reverend Fred Phelps Sr. and the Westboro Baptist Church for picketing a military funeral. Although the Court asserted that its holding was narrow and the legal issues involved were straightforward, this Article argues that Phelps ultimately raises more questions than it answers and almost guarantees increased confusion in First Amendment jurisprudence. The Court in Phelps explained that the First Amendment prohibits tort damages when the comments at issue involve matters of public concern, yet failed to explain whether private speech that was juxtaposed with public, …

11th Meeting Of The States Parties To The Anti-Personnel Mine Ban Convention (2011), Apmbc

Global CWD Repository

The 11MSP was a formal meeting of the 158 States which, as of 28 November 2011, had accepted the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. It was held in accordance with Article 11 of the Convention and pursuant to the decisions of the 2009 Second Review Conference and the 2010 Tenth Meeting of the States Parties (10MSP).

The 11MSP was particularly significant because the Convention returned to a place where it the anti-landmine movement started two decades ago. As such, the 11MSP was a chance for the …

Adolescents Prefer More Immediate Rewards When In The Presence Of Their Peers, Lia O'Brien, Dustin Albert, Jason Chein, Laurence Steinberg

Psychology Faculty Research and Scholarship

Adolescents take more risks in the presence of their peers, but the mechanism through which peer presence affects risky decision-making is unknown. We propose that the presence of peers increases the salience of the immediate rewards of a risky choice. The current study examined the effect of peer presence on reward sensitivity in a sample of 100 late adolescents ages 18 through 20 (M=18.5) using a delay discounting task, which assesses an individual's preference for immediate versus delayed rewards. Participants were randomly assigned to complete the task alone or with 2 same-age, same-sex peers observing. Consistent with our …

Out Of Sight, Out Of Mind: The Value Of Political Connections In Social Networks, Quoc-Anh Do, Bang Dang Nguyen, Yen Teik Lee, Kieu-Trang Nguyen

Research Collection School Of Economics

This paper investigates the impact of social-network connections to politicians on firm value. We focus on the networks of university classmates and alumni among directors of U.S. public firms and congressmen. Using the Regression Discontinuity Design based on close elections from 2000 to 2008, we identify that a director’s connection to an elected congressman causes a Weighted Average Treatment Effect on Cumulative Abnormal Returns of -2.65% surrounding the election date. The effect is robust and consistent through various specifications, parametric and nonparametric, with different outcome measures and social network definitions, and across many subsamples. We find evidence to support the …

City Heights Community Development Corporation Performance Audit, Pamela Gutierrez, Kim Herbstritt, Summer Polacek, Meredith Praniewicz, Maria Trias

Program Design and Evaluation

The City Heights Community Development Corporation (CHCDC) is a 30-year-old nonprofit organization that strives “to enhance the quality of life in City Heights by working with the community to create quality affordable housing, livable neighborhoods, foster economic self- sufficiency, and stimulate investment” (City Heights Community Development Corporation, 2009).

The CHCDC is an instrumental organization and an asset to the diverse community of City Heights. The leadership team is enhancing awareness, working through adaptive challenges, building relationships with potential funders and partners, and establishing a healthy organizational culture. Most importantly, the organization is taking the right steps to ensure it stays …

An Examination Of Factors Impacting The Career Decisions Of Black Women In Management Positions At Us Institutions Of Higher Education, Kimberly Mckinsey-Mabry

Education Doctoral

Research during the last decade indicates that while Black women have been graduating from college and entering the academic workforce at increasing rates, they continue to be underrepresented in managerial and administrative positions at institutions of higher education. As colleges and universities in the United States face demands to meet the needs of an increasingly diverse society, educational leaders will need to find ways to address the opportunity for diverse leadership growth. One strategy to address this opportunity is to identify the personal and professional factors that influence the career choices of Black women who work at institutions of higher …

Empirical Analysis Of The Relay Network Design Problem, Sergio Maldonado Soria Galvarro

Industrial Engineering Undergraduate Honors Theses

Definition and optimization of alternative methods for truckloads routing.