Digital Commons Network^™

The Principle Of Subsidiarity Applied: Reforming The Legal Framework To Capture The Psychological Abuse Of Children, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

Psychological abuse is the most prevalent type of child abuse. It lies at the core of child maltreatment because it is embedded in and interacts with physical and sexual abuse, as well as physical neglect. It also has a more extensive and destructive impact on the development of children than any other type of abuse. Yet, the current child protection system fails to adequately address the problem because the normative framework of the child protection system does not always include the psychological abuse of children. For the majority of states, the physical health, safety, and well-being of children are focal …

African-American Grandmothers: Does The Gender-Entrapment Theory Apply? Essay Response To Professor Beth Richie, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

Many African-American grandmothers are entrapped by the cycle of incarceration in poor black communities. This Essay explores whether the social and economic conditions that compel battered women to commit crimes also impact their mothers - who end up raising the children they leave behind. Professor Beth Richie's theory of gender entrapment as described in her book, “Compelled to Crime,” is not limited to incarcerated women who have been victims of domestic violence. African-American grandmothers who take on the role of kinship caregivers for their grandchildren are also entrapped by a complex interplay of race, gender, and class, making them vulnerable …

Embracing The New Geography Of Health Care: A Novel Way To Cover Those Left Out Of Health Reform, Nathan Cortez

Faculty Journal Articles and Book Chapters

Even after landmark health reform in 2010, our health care system will not achieve universal coverage. The Patient Protection and Affordable Care Act is expected to leave 23 million uninsured after a decade. And until several major provisions take effect in 2014, 50 million will remain uninsured. This Article argues that cross-border health insurance plans that utilize foreign medical providers are a surprisingly feasible alternative for the residually uninsured. Cross-border plans can be much less expensive than traditional, domestic-only plans. And they might appeal to immigrants and others that are neither eligible for public plans nor able to afford private …

Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez

Faculty Journal Articles and Book Chapters

Nearly forty years ago, Ernest Gellhorn documented the potentially devastating impact that can occur when federal agencies issue adverse publicity about private parties. Based on his article, the Administrative Conference of the United States (ACUS) recommended that courts, Congress, and agencies hold agencies to clear standards for issuing such publicity. In the decades since, some agencies have adopted standards, but most have not. And neither the courts nor Congress has intervened to impose standards. Today, agencies continue to use countless forms of publicity to pressure alleged regulatory violators and to amplify their overall enforcement powers — all without affording due …

Clear But Unconvincing: The Federal Circuit’S Invalidity Standard, David O. Taylor

Faculty Journal Articles and Book Chapters

The Federal Circuit’s standard for proving invalidity of patent claims is clear. The Federal Circuit always requires clear and convincing evidence to prove that a patent claim is invalid. The rationale behind this standard, however, is unconvincing. There are significant reasons to believe that the Patent Office rarely considers the most relevant prior art and that, instead, alleged infringers often find prior art that is more relevant than the prior art considered by the Patent Office. It defies logic to apply the clear and convincing burden where the Patent Office considered only prior art that is less relevant than the …

The Case Of Colonel Abel, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

In June 2010, journalists for the Associated Press reported the arrest of ten Russian spies, all suspected of being “deep-cover” illegal agents in the United States. Seeking to convey the magnitude of this event, the journalists wrote in the first paragraphs of their article that this “blockbuster series of arrests” might even be as significant as the FBI’s “famous capture of Soviet Col. Rudolf Abel in 1957 in New York.” Colonel Abel’s story of American justice at a time of acute anxiety about the nation’s security is one that continues to resonate today. The honor, and error, that is contained …

Teaching Contract Law: Introducing Students To A Critical Perspective Through Discussion Of Indentured Servitude And Sharecropper Contracts, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

An introductory law school course in contract law, prior to commencing the detailed study of specific doctrines, should at the outset provide some general orientation to the students by presenting them with a broad overview of the conventional characterization of contract law as a benign social institution that facilitates private ordering and promisee reliance. However, this initial orientation to the underlying rationale of the subject should also expose the students to a contrasting and more critical perspective that calls attention to contract law’s occasional use as a means of social domination and oppression. A brief discussion of the history of …

Mortgage Modification And Strategic Behavior: A Contrarian Reading Of The Countrywide Financial Corporation Settlement, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

Christopher Mayer, Edward Morrison, Thomas Piskorski and Arpit Gupta of Columbia University have recently published in the Law and Finance eJournal a comprehensive study demonstrating the significant impacts on strategic default rates of the widely publicized Countrywide Financial Corporation settlement of 2008. While their study is a solid and convincing descriptive effort, their implicit assumption that strategic defaults are something to be discouraged rather than encouraged, a position that I have criticized in my earlier work, undercuts the usefulness of their work for policy guidance. From their perspective the Countrywide settlement provides a cautionary tale about difficult trade-offs to be …

Scholarship Recipient Report: Ohio Valley Group Of Technical Service Librarians, Craig Boman

Roesch Library Staff Presentations

No abstract provided.

Debts, Defaults And Details: Exploring The Impact Of Debt Collection Litigation On Consumers And Courts, Mary B. Spector

Faculty Journal Articles and Book Chapters

This Article explores consumer collection litigation through original research from more than five hundred cases filed in the Dallas County courts. It analyzes the data within the context of the modern debt collection industry, paying special attention to the role of debt buyers and to the peculiar legal issues their involvement raises. After explaining the methodology and mechanics used to gather and analyze the data, the Article discusses the data collected, identifying and analyzing the most significant findings and placing them within a larger legal landscape. While the research confirms anecdotal reports of litigation abuse in consumer collection cases, it …

The Proposed Texas Assignment Of Rents Act: A Legislative Escape From The Common Law Morass, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

When a loan is secured by a mortgage or deed of trust on an income-producing property, such as an office building, shopping center, or apartment complex, rents are a significant part of the security for the loan, in addition to the land and improvements.Rents provide the funds necessary to pay for operating and maintaining the mortgaged property and to make payments on the mortgage loan.After a default on the mortgage loan, a borrower, facing the possibility of losing the property to foreclosure, may apply rents to purposes unrelated to the property or the mortgage loan. The lender, on the other …

Activation And Inhibition Of Pyruvate Carboxylase From Rhizobium Etli, Tonya N. Zeczycki, Ann L. Menefee, Sarawut Jitrapakdee, John C. Wallace, Paul V. Attwood, Martin St. Maurice, W Wallace Cleland

Biological Sciences Faculty Research and Publications

While crystallographic structures of the R. etli pyruvate carboxylase (PC) holoenzyme revealed the location and probable positioning of the essential activator, Mg²⁺, and nonessential activator, acetyl-CoA, an understanding of how they affect catalysis remains unclear. The current steady-state kinetic investigation indicates that both acetyl-CoA and Mg²⁺ assist in coupling the MgATP-dependent carboxylation of biotin in the biotin carboxylase (BC) domain with pyruvate carboxylation in the carboxyl transferase (CT) domain. Initial velocity plots of free Mg²⁺ vs pyruvate were nonlinear at low concentrations of Mg²⁺ and a nearly complete loss of coupling between the BC and …

Defining Routing Policies In Peer-To-Peer Overlay Networks, Michael Pickering

UNF Graduate Theses and Dissertations

This master’s thesis involves the definition and development of a policy-based routing scheme for peer-to-peer overlay networks. Many peer-to-peer networks are in existence today and each has various methods for discovering new peers, searching for content, and overcoming connectivity problems. The addition of efficient policy-based routing enhances the ability of peers within overlay networks to make appropriate routing decisions. Policy-based routing provides a means for peers to define the types of network traffic they are willing to route and the conditions under which they will route it. The motivations for these policies are many and are described in upcoming sections. …

The Role Of Consensus In The Neutrality/Advocacy Debate, Michael Patrick Bailey

UNF Graduate Theses and Dissertations

The debate over the preferred teaching method of ethics is between the methods of neutrality and advocacy. Proponents of each assume that only one method is acceptable. I argue that both methods have acceptable versions and that there are different situations in which one is preferred over the other.

Using both methods throughout an ethics course is preferable to using only one method exclusively. The question then becomes how one decides which method to use with each particular issue. I argue that it depends on whether an ethical issue is controversial or whether or not a consensus exists.

Controversy and …

The Weil Pairing On Elliptic Curves And Its Cryptographic Applications, Alex Edward Aftuck

UNF Graduate Theses and Dissertations

This thesis presents the Weil pairing on elliptic curves as a tool to implement a tripartite Diffie-Helman key exchange. Elliptic curves are introduced, as well as the addition operation that creates a group structure on its points. In leading to the definition of the Weil pairing, divisors of rational functions are studied, as well as the Weierstrass }-function, which shows the complex lattice as isomorphic to elliptic curves. Several important qualities of the Weil pairing are proved, and Miller's algorithm for quick calculation is shown. Next, the bipartite Diffie-Helman key exchange is discussed over finite fields and elliptic curves. Finally …

The Molecular Pathway Of Non-Opsonized Silica Particle Phagocytosis And The Relationship To Silica-Induced Cytotoxicity, Renee Gilberti

Doctoral Dissertations

Silica inhalation leads to the development of silicosis. Macrophages are directly affected when recruited to the site of silica-induced inflammation, however, the mechanism of particle-cell interaction, phagocytosis, and what induces cytotoxicity at the cellular and molecular level is unclear. MH-S mouse alveolar macrophages were exposed to either crystalline silica or 3 μm amorphous silica for cytotoxicity studies. Non-opsonized ( ovalbumin-coated, uncoated) silica is toxic to macrophages, but opsonizing silica with antibody (Abopsonized) significantly suppresses cell death, however it is presumed that silica particles are internalized by macrophages. For the first time, the kinetics of non-opsonized and Ab-opsonized particle uptake was …

The Soap Box Use Of Illegal Methods In Kenya’S Rural Communities To Combat Wildlife Damage: A Case Study Of Laikipia, Nixon Sifuna

Human–Wildlife Interactions

No abstract provided.

Commentary Wildlife Habituation: Advances In Understanding And Management Application, Valerius Geist

Human–Wildlife Interactions

No abstract provided.

Cost-Benefit Analysis Of Managed Shotgun Hunts For Suburban White-Tailed Deer, Ryan D. Hubbard, Clayton K. Nielsen

Human–Wildlife Interactions

Deer managers often utilize managed hunts to curtail burgeoning white-tailed deer (Odocoileus virginianus) populations in suburban areas. Although several studies have used population modeling to focus management, these efforts generally provide only harvest numbers, without considering the spatial placement of hunters on the landscape. Further, few studies have modeled management effort as deer density changes during the hunt. We modeled 2 types of managed shotgun hunts, a replacement hunt, where the stand of each successful hunter would be filled the following day, thus, ensuring the same number of hunters would be present each day of the hunt, and …

Preference Of White-Tailed Deer For Corn Hybrids And Agricultural Husbandry Practices During The Growing Season, Joshua A. Delger, Kevin L. Monteith, Lowell E. Schmitz, Jonathan A. Jenks

Human–Wildlife Interactions

Damage to field corn (Zea mays) by white-tailed deer (Odocoileus virginianus) can be substantial, resulting in millions of dollars lost annually. Numerous methods exist to minimize deer depredation, but all have met with varying degrees of success. Currently, little information is available on preference of white-tailed deer for corn hybrids during the growing season and how that preference might affect depredation patterns. We used adult female white-tailed deer in captivity to study the effect of herbicide treatments on deer-use (treatment versus no treatment) of corn in 2005 and to document preference among specific corn hybrids in …

Feed Depredation By European Starlings In A Kansas Feedlot, Brandon E. Depenbusch, James S. Drouillard, Charles D. Lee

Human–Wildlife Interactions

Confinement cattle-feeding operations have been associated with large populations of starlings (Sturnus vulgaris) during the winter months. Starlings can eat nearly 1 kg each of feed per month (Besser et al. 1968). In the first of our 2 studies, we evaluated feed selection and feed depredation by starlings using 5 concentrate-based cattle finishing diets. Four diets evaluated were in traditional meal-type form, and 1 diet was an extruded pellet. We placed rations into a section of the feed trough that we made accessible to starlings but not to cattle. Of the original 13.6 kg of steam-flaked corn and …

Livestock And Domestic Dog Predations By Wolves In Michigan, Justin L. Edge, Dean E. Beyer Jr., Jerrold L. Belant, Mark J. Jordan, Brian J. Roell

Human–Wildlife Interactions

Wolves (Canis spp.) have recolonized the Great Lakes region and expanded into agricultural areas where there is increasing concern of conflict with livestock. We documented 121 wolf predation events on captive or domestic animals in the Upper Peninsula (UP) of Michigan between April 1996 and April 2009. We investigated the relationship between annual wolf abundance and predation events, seasonality of predations on livestock, and the association between previous winter severity and predations on livestock. The annual number of predations on livestock increased with wolf abundance, and overall, predations on cattle and calves increased during calving season. We observed a …

Too Many Hogs? A Review Of Methods To Mitigate Impact By Wild Boar And Feral Hogs, Giovanna Massei, Sugoto Roy, Richard Bunting

Human–Wildlife Interactions

Feral hogs (Sus scrofa) are among the most widely-distributed mammals in the world and have the highest reproductive output compared with other ungulates. Worldwide, feral hogs are increasing in range and numbers. Human–feral hog conflicts include impact on abundance and richness of plant and animal species, crop damage, predation on livestock, vehicle collisions, and disease transmission. We reviewed methods employed to mitigate the impact of feral hogs on human activities and discussed these methods in terms of effectiveness, feasibility, costs, and social acceptance. Traditional methods of control include trapping, angering, shooting, poisoning, and Judas hogs. Nonlethal methods of …

Good Fences Make Good Neighbors: Implementation Of Electric Fencing For Establishing Effective Livestock-Protection Dogs, Thomas M. Gehring, Kurt C. Vercauteren, Anna C. Cellar

Human–Wildlife Interactions

To be effective, livestock protection dogs (LPDs) must be carefully integrated with the livestock they will be protecting. Others have developed guidelines to assist producers in this training and assimilation process. In many areas fencing is necessary; however, guidelines for containing LPDs and their livestock behind electric fencing are lacking. We present results from larger projects involving LPDs where we encountered issues with fencing and preventing LPDs from roaming from their owner’s property. We found that ranging and escaping from pastures was exhibited by LPDs that were not properly introduced and trained to electric fencing at an early age. LPDs …

Public Perceptions Of Bears And Management Interventions In Japan, Ryo Sakurai, Susan K. Jacobson

Human–Wildlife Interactions

Conservation of bears is a challenge globally. In Japan, Asiatic black bears (Ursus thibetanus) and brown bears (Ursus arctos) are considered a nuisance because of agricultural and property damage and personal human danger due to occasional human casualties. Reduction of human–bear conflicts in Japan would improve long-term conservation of bears and reduce risks to human health and safety. To understand Japanese perceptions of and experience with bears, we analyzed results of 5 public surveys and reviewed 29 articles from the research and gray literature in Japan. We compared recommendations for interventions to reduce human–bear conflicts with …

Factors Governing Risk Of Cougar Attacks On Humans, David Mattson, Kenneth Logan, Linda Sweanor

Human–Wildlife Interactions

Since the 1980s wildlife managers in the United States and Canada have expressed increasing concern about the physical threat posed by cougars (Puma concolor) to humans. We developed a conceptual framework and analyzed 386 human– cougar encounters (29 fatal attacks, 171 instances of nonfatal contact, and 186 close-threatening encounters) to provide information relevant to public safety. We conceived of human injury and death as the outcome of 4 transitions affected by different suites of factors: (1) a human encountering a cougar: (2) given an encounter, odds that the cougar would be aggressive; (3) given aggression, odds that the …

Soap Box The Wildlife Society Responds To Cnn Report On Feral Horses, Laura Bies, Michael Hutchins, Thomas J. Ryder

Human–Wildlife Interactions

No abstract provided.

Misconceptions About Black Bears: A Response To Geist (2011), Lynn L. Rogers, Susan A. Mansfield

Human–Wildlife Interactions

No abstract provided.

Aggressive Body Language Of Bears And Wildlife Viewing: A Response To Geist (2011), Stephen F. Stringham

Human–Wildlife Interactions

No abstract provided.

Book Reviews: Advancing Global Education: Patterns Of Potential Human Progress, Devin K. Joshi

Research Collection School of Social Sciences

Education is one of the most fundamental prerequisites to economic growth and social stability in the world. It is also one of the most inadequately realised goals of development, with the average education of global adults remaining essentially at primary levels. Advancing Global Education is the second in a series of volumes that explores prospects for human development-how development appears to be unfolding globally and locally, how we would like it to evolve, and how better to assure that we move it in desired directions. The first volume addressed the reduction of global poverty. The third will turn to the …