Digital Commons Network^™

The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch

Law Faculty Publications

This article examines three of the forthcoming amendments to Article 9 in some detail: (1) the required name of an individual on a financing statement; (2) the perfection of collateral following the debtor's relocation to a new jurisdiction; and (3) collateral acquired by a new debtor. In the interest of brevity, the discussion of other, less noteworthy, amendments of the statutory text and Official Comments is not as complete. The primary purpose of this article is to off er guidance to legal professionals confronting particular issues under current and future Article 9.

Cost And Sentencing: Some Pragmatic And Institutional Doubts, Chad Flanders

All Faculty Scholarship

In 2010, the Missouri Sentencing Commission recommended that, in addition to offense and offender characteristics, the pre-sentencing reports prepared for the sentencing judges should also include the costs of various possible sentences. In this brief essay, I focus mainly the pragmatic case for considering cost as a factor in judicial sentencing, asking about what goals adding cost is supposed to achieve, and whether it will in fact achieve those goals. I ask three questions in particular: (1) Will including cost in the Missouri Sentencing Assessment Reports (SARs) actually change judicial behavior in the ways supporters of the reform favor? (2) …

How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question Of Assistance To The Voter, Chad Flanders

All Faculty Scholarship

The 2010 race for the Alaska Senate now seems to be over. After losing in the Republican Party Primary to Tea Party-backed candidate Joe Miller, Senator Lisa Murkowski staged a write-in candidacy and, bucking both U.S. and Alaska history, won the general election. Although much attention has been paid to Miller’s post-election challenges to Murkowski write-in ballots, a major election law question was at issue prior to the election: to what extent can poll workers assist voters who need help in voting for a write-in candidate?

After Murkowski declared her write-in candidacy, the Alaska Division of Elections distributed a list …

Downstream Copyright Infringers, Yvette Joy Liebesman

All Faculty Scholarship

The advent of on-line music sales has been a boon to the recording industry as well as for musicians and the general public. Previously unknown artists have found new avenues to showcase their work, and consumers have easy access to an enormous variety of musical genres.

Yet an unintended consequence of the ability to sell songs through internet downloads is a novel, and until now, unnoticed way to infringe on copyrights - which, unless remedied, could lead to new classes of defendants never contemplated or desired to be ensnared in the Copyright Act’s protections for artists, musicians and authors. Unlike …

Report To Parliament - On The Readiness Of First Nations Communities And Organizations To Comply With The Canadian Human Rights Act, Naiomi Metallic

Reports & Public Policy Documents

Enacted in 1977, the Canadian Human Rights Act (CHRA) aims to ensure equality of opportunity and freedom from discrimination in federal jurisdiction. At the time that the CHRA was passed, however, it was understood that adjustments would have to be made before the federal government and First Nations operating under the Indian Act could be fully compliant with the new law. As a result, section 67 of the CHRA explicitly shielded the federal government and First Nations community governments from complaints of discrimination relating to actions arising from or pursuant to the Indian Act. This was intended to be a …

In Search Of Satanists Examining The Accounts Of Deviant Religious Practitioners, Chris P. Mcdaniel

Electronic Theses and Dissertations

Despite the glut of literature focusing on numerous aspects of mainline American religious life, there is a surprising dearth of information regarding deviant religious practitioners. Importantly, there remains a lack of focus on the specificities of religious and spiritual deviance, and the accounts of those who engage in such practices. This exploratory study closely examines the members of one such religion; specifically, the Church of Satan. Despite the stigma associated with Satanism, individuals continue to willfully engage in such practices. Research uses face-toface, semi-structured interviews to better discern the rationale behind Satanic worship as understood by modern-day believers. Particular attention …

The History Of Intellectual Property Taxation: Promoting Innovation And Other Intellectual Property Goals?, Xuan-Thao Nguyen, Jeffrey A. Maine

Faculty Publications

An important issue deserving scholarly attention concerns the proper role of the federal tax system in achieving intellectual property law's innovation objectives. The article traces the historic development of the specific tax rules governing intellectual property, identifies present areas of policy dissonance in the intersection of intellectual property and taxation, and calls for an appropriate legal framework for future intellectual property tax legislation.

Our Theories, Ourselves: Hierarchies Of Place And Status In U.S. Academia, Karen M. Morin, Tamar Rothenberg

Faculty Journal Articles

No abstract provided.

The Acute Toxicity Of The Death Camas (Zigadenus Species) Alkaloid Zygacine In Mice, Including The Effect Of The Methyllycaconitine Coadministration On Zygacine Toxicity, K. D. Welch, K. E. Panter, D. R. Gardner, B. L. Stegelmeier, B. T. Green, J. A. Pfister, D. Cook

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Death camas (Zigadenus spp.) is a common poisonous plant on foothill rangelands in western North America. The steroidal alkaloid zygacine is believed to be the primary toxic component in death camas. Poisonings on rangelands generally occur in the spring when death camas is abundant, whereas other more desirable forage species are limited in availability. In most cases where livestock are poisoned by plants in a range setting, there is more than one potential poisonous plant in that area. One common poisonous plant that is often found growing simultaneously in the same area as death camas is low larkspur ( …

Poema Of Lieutenant Schmidt’S End: Pasternak’S Dialogue With Tsvetaeva Through The Prism Of Genre., Ludmila Lavine

Faculty Journal Articles

Boris Pasternak’s poemy are acutely self-conscious of their place in the epic tradition. Lieutenant Schmidt (LS) represents one attempt at exploring the parameters of the poema itself as the poet makes a “difficult” transition from “lyric thinking” to “the epic.” In this article I examine this transition against a contemporaneous example in the genre, Tsvetaeva’s Poema of the End (PE). In LS, structural elements of the poema are counterposed to those of PE. While PE amplifies the individual voice, LS muffles what is personal for the sake of the public voice. While PE is atemporal, LS is historical. While PE …

Comparing Media Coverage Of The Gulf Oil Spill In The Us And Uk Implications For Global Crisis Communication, Sarah Crytzer

Electronic Theses and Dissertations

The following research is a content analysis of 114 articles written by the American and British news media outlets in the first month following the BP Gulf oil spill in April 2010. The goal of the research was to identify any dominant frames evident in the reports and to compare the two countries to see if there was a difference in the dominant frames used. Positive, negative, and neutral tones were also evaluated to determine if there was a difference between the countries. The results show that both countries reports predominantly used an ecology and action frame, while British media …

Social Justice And Common Good: What Are They For?, Thomas Hughson

Theology Faculty Research and Publications

No abstract provided.

Miracles In Christianity, Ralph Del Colle

Theology Faculty Research and Publications

No abstract provided.

High Temperature Dilute Acid Pretreatment Of Coastal Bermuda Grass For Enzymatic Hydrolysis, Arthur P. Redding, Ziyu Wang, Deepak R. Keshwani, Jay J. Cheng

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Dilute sulfuric acid was used to pretreat coastal Bermuda grass at high temperature prior to enzymatic hydrolysis. After both pretreatment and enzymatic hydrolysis processes, the highest yield of total sugars (combined xylose and glucose) was 97% of the theoretical value. The prehydrolyzate liquor was analyzed for inhibitory compounds (furfural, hydroxymethylfurfural (HMF)) in order to assess potential risk for inhibition during the following fermentation. Accounting for the formation of the inhibitory compounds, a pretreatment with 1.2% acid at 140 °C for 30 min with a total sugar yield of 94% of the theoretical value may be more favorable for fermentation. From …

Detection And Quantification Of Poliovirus Infection Using Ftir Spectroscopy And Cell Culture, Felipe T. Lee-Montiel, Kelly A. Reynolds, Mark R. Riley

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Background: In a globalized word, prevention of infectious diseases is a major challenge. Rapid detection of viable virus particles in water and other environmental samples is essential to public health risk assessment, homeland security and environmental protection. Current virus detection methods, especially assessing viral infectivity, are complex and time-consuming, making point-of-care detection a challenge. Faster, more sensitive, highly specific methods are needed to quantify potentially hazardous viral pathogens and to determine if suspected materials contain viable viral particles. Fourier transform infrared (FTIR) spectroscopy combined with cellular-based sensing, may offer a precise way to detect specific viruses. This approach utilizes infrared …

Cellular Arrays For Large-Scale Analysis Of Transcription Factor Activity, Abigail D. Bellis, Beatriz Peňalver-Bernabé, Michael S. Weiss, Michael E. Yarrington, Maria V. Barbolina, Angela K. Pannier, Jacqueline S. Jeruss, Linda J. Broadbelt, Lonnie D. Shea

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Identifying molecular mechanisms or therapeutic targets is typically based on large-scale cellular analysis that measures the abundance of mRNA or protein; however, abundance does not necessarily correlate with activity. We report a method for direct large-scale quantification of active pathways that employs a cellular array with parallel gene delivery of constructs that report pathway activity. The reporter constructs encode luciferase, whose expression is influenced by binding of transcription factors (TFs), which are the downstream targets of signaling pathways. Luciferase levels are quantified by bioluminescence imaging (BLI), which allows for rapid, noninvasive measurements. Activity profiles by BLI of 32 TFs were …

Microarray Analysis Of Gene Expression Profiles In Cells Transfected With Nonviral Vectors, Sarah A. Plautz, Gina Boanca, Jean-Jack M. Riethoven, Angela K. Pannier

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Inefficient gene delivery is a critical factor limiting the use of nonviral methods in therapeutic applications including gene therapy and tissue engineering. There have been few efforts to understand or engineer the molecular signaling pathways that dictate the efficacy of gene transfer. Microarray analysis was used to determine endogenous gene expression profiles modulated during nonviral gene transfer. Nonviral DNA lipoplexes were delivered to HEK 293T cells. Flow cytometry was used to isolate a population of transfected cells. Expression patterns were compared between transfected and nontransfected samples, which revealed three genes that were significantly upregulated in transfected cells, including RAP1A, …

Strategies For Coping With Gender-Based Violence A Study Of Young Women In Kibera, Kenya, Elizabeth Swart

Electronic Theses and Dissertations

Research on gender-based violence in the developing world is finally beginning to get serious attention. But that research is, unfortunately, still overlooking violence to women in the burgeoning slums and informal settlements around the globe. The current study is one of the first to address the issue of gender-based violence in slum communities by presenting both qualitative and quantitative data from Kibera, Kenya—the largest slum in sub-Saharan Africa. Qualitative data were derived from the diaries of twenty women between the ages of 18-30 living in Kibera. Diary data were collected from 2007-2010. Quantitative data were derived from a survey administered …

A Comparison Of Two Engineering Outreach Programs For Adolescents, Louis S. Nadelson, Janet M. Callahan

Materials Science and Engineering Faculty Publications and Presentations

There is continued growth and development of outreach programs designed to increase pre-college students’ awareness and understanding of engineering as a profession and as a career. These outreach programs vary in format and in the groups targeted for participation but maintain the same fundamental goal of increasing participant knowledge of engineering. Many of these outreach programs also maintain the implicit goal of increasing the participants' knowledge and attitudes toward college. The additional resources and funding that are commonly allocated to support outreach programs frequently involve documenting accountability which motivates evaluation of program impact. Therefore, many outreach events include program evaluation …

Teaching The Infant Toddler Cda, Gwendolyn Brown-Murray

Graduate Student Independent Studies

Discusses some of the highlights of the author's experience teaching the curriculum for the Infant Toddler Child Development Associate (CDA) Credential to a group of women who were culturally, ethnically, religiously, educationally, and socially different from her.

New York Law School Magazine, Vol. 31, No. 1, New York Law School

New York Law School Magazine

Features:

Celebrating Outgoing Dean Richard A. Matasar

Ten Years Later: NYLS Commemorates the 10^th Anniversary of 9/11

Meet the 1Ls!: Spotlight on NYLS Family Connections

Contents Page

Sound Scripts

No abstract provided.

Sonic Pleasure, Absence And The History Of The Self: An Alternative Approach To The Criticism Of Sound Art, Jonathan W. Marshall

Sound Scripts

Historical, psychoanalytic and cinema criticism have characterised the history of Western modernity and the individual subject as founded upon an affective lack. Pleasure is solicited by the promise of fullness, but this is never fulfilled, fuelling further desire. Sound art however is more typically theorised as inherently present and immersive, as a form that offers direct experience, which literally touches the subject. I draw upon the work of Jonathan Sterne, Steven Connor, psychoanalysis and film criticism to rearticulate not just modernist media and subjectivity as characterised by lack and absence, but the perception of aestheticised sound. Starting with an analysis …

Master And Slave In The Music Of Coil, Drren Jorgensen

Sound Scripts

For Theodor Adorno, pop music perpetuates thedrudgery and alienation of working class existenceby providing a distraction from it. This paper turns toa similar critique of pop music, in the work of Coil.Born out of the UK industrial scene, Coil distort thepop song format, reproducing and appropriating itssounds with cynical manipulations. This cynicismshines through a mastery over the forms of popmusic and its sounds, that Coil configure withoutveering into pop's more explicit commercialism. Byestranging the familiarity of pop music, Coil point tohow listeners are enslaved by the industrial mode ofmusical alienation, by reproducing this alienation in anew way.

Authors/Presenters

Sound Scripts

No abstract provided.

A Study Of Resilience In West Australian Small Business Owners, Philip Roggio

Theses : Honours

Research suggests a relationship exists between the resilience of the Small Business Owner (SBO) and the resilience of their business, however the nature of this relationship is unclear. The current study investigated whether the internal resources of the SBO were significant in predicting the resilience of their business. A sample of 108 SBOs in the Perth metropolitan area completed an online questionnaire which measured aspects of individual and business resilience. A series of multiple regression analyses were used to test three hypotheses. The results from all three analyses consistently revealed that the internal resources of the SBO were the most …

An Exploratory Study To Develop A Geotourism Typology Model Based On The Experience And The Importance Of Geotourism In The Decision To Visit A Destination, Hasoly P. Hurtado

Theses : Honours

This study develops a typology model for geotourism to address the existing gap in the literature regarding who is participating in geotourism. As geotourism is a new concept, the literature is not only lacking in this area, but there is also a conflict of definitions available from scholars and organisations. This study defines geotourism in accordance to the definition of Newsome and Dowling (2010). It also aims to reduce the gap in literature by providing a starting point to the development of future geotourism typology models through the adaptation of McKercher's Cultural Tourism Typology Model (2002). Participants eligible for this …

Bridging Culture, Research, And Practice In Early Childhood Development: The Madrasa Resource Centers In East Africa, Peter Mwaura, Kofi Marfo

Institute for Human Development, East Africa

The Madrasa Resource Centers in East Africa have adapted features of Euro-American theory and practice into a service delivery system responding to local cultural and socioeconomic realities. After 25 years of implementation in predominantly Muslim communities with high poverty and low literacy rates, the program could serve as a model for other parts of the continent with similar population profiles. This article examines some of the program’s key features and discusses the prospects that the program’s integration of research into service delivery holds for developmental research in the region. It proposes that university partnerships with such programs could yield productive …

Pre-Adulthood Developmental Psycho-Social Influences Behind Women Becoming Engineers In Contemporary Australia, Andrew Ruscoe

Theses : Honours

This study explored the pre-adulthood development of female engineers with a focus on influences behind their career choice. Pre-adulthood encompasses the ages 0. to 23 and includes all development prior to settling on a career (Levinson, Darrow, Klein, Levinson, & McKee, 1979). ,This area of study derives its importance from the continuing low proportion of women in engineering (9.6%; Kaspura, 2009), the gender bias that this may indicate (Burke & Mattis, 2007), and the benefits of increasing the number of women• in engineering (Engineers Australia, 20 I 0). A phenomenological methodology was applied, utilising semi-structured interviews with 10 female graduate, …

Aspects Of Rhythm In The Music And Improvisation In Six Pieces By Bassist Avishai Cohen, Nicholas L. Abbey

Theses : Honours

This dissertation examines significant aspects of rhythm in the music and improvisations by the trio of the seminal bassist Avishai Cohen through transcription and analysis of a selection of his recorded works. Repertoire examined has been selected from Cohen’s Gently Disturbed and Seven Seas releases to demonstrate some important devices commonly used by the group. This study is fuelled by interest in the trio’s use of rhythmic devices to create free-flowing and consistently interesting music despite rhythmic complexity inherent to the compositions. In the context of modern jazz, the group’s rhythmic approach is more complex and unique than its treatment …