Digital Commons Network^™

Editorial Comments, Jorge W. Suazo

The Coastal Review

No abstract available.

Blame It On The Man: Theorizing The Relationship Between § 1983 Municipal Liability And The Qualified Immunity Defense, Teressa E. Ravenell

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 41, No. 2 2011

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 41, No. 3 2011

Seton Hall Law Review

No abstract provided.

Visionaire 61: Larger Than Life Deluxe Edition, Stephen Gan, Cecilia Dean, James Kaliardos, Greg Foley

Visionaire

18 unnumbered pages : chiefly color illustrations Limited edition of 250 copies. Contributor list: Lady Gaga, Inez & Vinoodh, Ridley Scott, Philip-Lorca diCorcia, Marina Abramovic, Martin Schoeller, Josephine Meckseper, Richard Phillips, Steven Klein, Ryan McGinley, Karl Lagerfeld, Massimo Vitali, Steven Meisel, Ed Ruscha, Marilyn Minter, Rob Pruitt, Bruce Weber, Sam Taylor-Wood, Guido Mocafico, Mario Sorrenti, Maurizio Cattelan, Pierpaolo Ferrari, Doug Aitken, Tom Sachs. "Visionaire broke the Guinness World Record for the largest magazine ... with a Deluxe Edition at 57.48 x 79 inches ... In this history-making issue, Visionaire gives iconic artists and image-makers the forum to take their visions …

Family Structure As A Social Context For Family Conflict: Unjust Strain And Serious Delinquency, Ryan Spohn, Don L. Kurtz

Center on Children, Families, and the Law: Faculty Publications

Two major themes in the delinquency literature are the roles of family structure and childhood victimization. Combining these two lines of research, the current project examines the unique contribution of family structure and victimization on the serious delinquency of a nationally representative sample of adolescents. In addition, we examine whether the form of families serves to condition the relationship between victimization and delinquency. Past research indicates that abuse is more likely to occur in two-parent families of a ‘‘mixed’’ form, specifically in the presence of a live-in boyfriend or stepfather. However, little is known regarding the impact of victimization on …

Value Added Benefits Of High Definition Surveying (Laser Scanning) In Contrast To In-Situ Surveying For Erosion Of Hydrological Waterways

Journal of Spatial Hydrology

The purpose of this paper is to depict and illustrate the benefits of High Definition Surveying (HDS), also known as 3-dimensional laser scanning, in contrast to field surveying methods, such as Real-time Kinematic Global Positioning System (RTK-GPS), on a hydrologic study (topographic) application. This research investigates how the improvement of application software within laser scanning, coupled with constant advancements in computer processing as well as data acquisition methods, has made the use of HDS cost effective and applicable in the surveying community. The time and cost benefit aspects of HDS applications in comparison to RTK-GPS surveying methods were analyzed, and …

Stochastic Generation Of Monthly Streamflows Of Maroon River In Iran

Journal of Spatial Hydrology

River flow forecasting constitutes one of the most important applications in hydrology. Several techniques and methods can be used in planning, design and management of water resources system. A stochastic model is one these techniques that formed based on time series. Maroon River is one of the most important rivers in Iran, therefore estimation of its discharge with appropriate models is important. Idnak Hydrometric station on the Maroon River with 41 years (1967 to 2009) of observed stream flow data was selected to for study. In these research stochastic models is fitted to monthly discharge. After performance of necessary tests, …

On The Good Name Of The Dead: Peace, Liberty, And Empire In Robert Morehead's Waterloo Sermon, Bob Tennant

Religion in the Age of Enlightenment

On Sunday, July 2, 1815, a fortnight after the battle of Waterloo, the Scottish Episcopalian minister Robert Morehead ( 1777-1842) preached a sermon- On the Good Name of the Dead [Ecclesiastes 7:1]-which displayed many of the components of a theory of Christian empire and combined them with the radically new approach to pulpit oratory that Morehead was helping to develop. The present essay offers a method of exploring the connection between ideology and rhetoric based on tools belonging to linguistic analysis rather than conventional historiography. Thus it is hoped that the evidential base available to historians may be extended. …

Holy Land Travel And The Representation Of Prayer In The Enlightenment, Michael Rotenberg-Schwartz

Religion in the Age of Enlightenment

Something about publicized supplication embarrasses critical readers, especially of the Enlighenment, who, since Samuel Johnson, have been trained to doubt if not the sincerity at least the efficacy of rhetoricized prayer. Milton was "nothing satisfied" with the preliminary eight stanzas of his unfinished lyric "The Passion;' for example, and printing it anyway has been cause enough for his critics to remain so. For one, the closest Milton gets to the scene of

the crucifixion is Jesus's tomb after the resurrection; he finds the "sad Sepulchral rock / That was the Casket of Heav'ns richest store" ( 43-44; emphasis added). More …

Who Cares?, Gabriel H. Teninbaum

Suffolk University Law School Faculty Works

Imagine you represent a criminal defendant convicted of second-degree murder stemming from the killing of his own father. Assume that a jury is charged with deciding the defendant's prison sentence and that you, as the defendant's attorney, are tasked with making a closing argument seeking the shortest term possible. You have been presented with two options as to how to do it: you can make a closing argument that uses rhetorical questions to summarize and reinforce key points, or, alternatively, you can use a closing argument that summarizes and reinforces key points through declarative statements.

Does it matter which option …

Green Infrastructure: The Imperative Of Open Space Preservation, Janice C. Griffith

Suffolk University Law School Faculty Works

Open space preservation ranks among America's most deeply rooted traditions. The creation of green, civic open spaces was recognized as an important design concept in the formation of a number of the country's early cities. Philadelphia, Savannah, and New Haven were developed around squares of green open space. Most New England towns set aside a town common for grazing cattle and for a myriad of public uses. The first planned suburbs were also organized around protected open spaces.

The environmental movement in the 1970s brought renewed attention to the importance of open space preservation, but the cost of making it …

Can Havruta Style Learning Be A Best Practice In Law School?, Barbara P. Blumenfeld

Faculty Scholarship

Havruta is a traditional Jewish method that seems compatible with legal education because of its focus on process, and so adaptable to law school training in legal reasoning, and because it is based upon dispute and resolution, another aspect that corresponds with the study of law. A unique form of collaborative student centered learning involving pairs of students, this article considers the application of Havruta to the law school setting and whether it should be incorporated into the law school curriculum.

You Can Lead Them To Water, But You Can’T Make Them Drink: Using Crowd Sourcing To Lead Library Patrons To Extended Library Services Relevant To Their Search Criteria, William B. Lund, Chad Hansen

Faculty Publications

The Lee Library at Brigham Young University has extensive resources in the forms of highly skilled subject librarians, print resources and digital collections, but getting the students to be aware of and use them effectively is a problem. To help inform library patrons of these resources librarian subject specialists have created over 150 subject guides using LibGuides for subject areas, classes, and some subspecialties, which was an enormous task; but are these resources being used effectively? This paper explores and reports on a subject guide recommender system, which recommends relevant subject guides based on patron searches, using a crowd sourced …

Tenure Advice For Law Librarians And Their Directors, Carol A. Parker

Faculty Scholarship

Successful tenure candidates will excel as librarians, master shared governance concepts and understand their institution’s culture. Candidates should engage in self-reflection and seek feedback throughout the tenure-track process. Supportive directors and supervisors will provide support to candidates and ensure well-developed promotion and tenure policies exist and are consistently applied.

Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction In Kansas, Aliza Organick

Faculty Scholarship

This Article questions the continued viability of the Kansas Act federal legislation, which extended Indian country criminal jurisdiction to the state of Kansas, while leaving unimpaired preexisting tribal and federal jurisdiction over the same offenses. This Article concludes with recommendations for legislative reform and the consideration of intergovernmental agreements with an eye toward providing a solution that respects modern policies of tribal self-determination, protects the financial resources and judicial economy of state and tribal courts, and protects the rights of defendants who may be subject to multiple prosecutions for the same offense.

Top Tens In 2010: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This piece discusses notable intellectual property decisions in 2010 in the United States. Viewed across doctrinal lines, some interesting threads emerge. The scope of protection was at issue in each area, such as whether human genes and business methods are patentable, whether a product idea may be a trade secret, and where the constitutional limits on copyright legislation lie. Secondary liability remains widely litigated, as rights holders seek both deep pocket defendants and a means to cut off individual infringers. The courts applied slightly different standards as to the state of mind required for secondary liability. Many of the cases …

Leverage: Review Of Burk & Lemley, 'The Patent Crisis And How The Courts Can Solve It', Stephen M. Mcjohn

Suffolk University Law School Faculty Works

Dan L. Burk and Mark A. Lemley’s “The Patent Crisis and How the Courts Can Solve It” (The University of Chicago Press, 2009) is valuable for anyone interested in patent law. The book serves two goals. First, it suggests how patent reform in the United States can best be accomplished: not through Congressional amendment of the patent statute, but by judicial implementation of industry-specific reforms, in interpreting the existing act. Some jurisdictions, such as India, already differentiate between industrial sectors more explicitly in patent policy than the United States. Second, of interest to patent law worldwide, the book provides a …

Environmental Review Of Western Water Project Operations: Where Nepa Has Not Applied, Will It Now Protect Farmers From Fish?, Reed D. Benson

Faculty Scholarship

The U.S. Bureau of Reclamation operates hundreds of dams in seventeen western states, and storage and release of water at these dams often causes serious environmental impacts. In operating these dams, however, the Bureau has largely been excused from complying with the environmental review requirements of the National Environmental Policy Act. This article explains and analyzes relevant NEPA cases involving these Bureau projects, and argues that the Bureau may want to conduct NEPA reviews for project operations even if they are not legally required. It also describes and critiques District Judge Oliver Wangers recent decisions applying NEPA to the Bureau's …

Tribal Court Convictions And The Federal Sentencing Guidelines: Respect For Tribal Courts And Tribal People In Federal Sentencing, Barbara L. Creel

Faculty Scholarship

This article critiques a proposal to include tribal court criminal convictions and sentences in the federal sentencing scheme. The proposal, as articulated by Kevin Washburn, calls for an amendment to the Federal Sentencing Guidelines to count tribal court convictions in calculating an Indian defendants criminal history score to determine a federal prison sentence. Currently, tribal court convictions are not directly counted in criminal history, but may be used to support an 'upward departure' to increase the Native defendant's overall federal sentence. Washburn's proposal seeks to gain 'respect' for tribal courts, based upon a premise that tribal convictions must be afforded …

A Crisis Of Confidence And Legal Theory: Why The Economic Downturn Should Help Signal The End Of The Doctrine Of Efficient Breach, Dawinder S. Sidhu

Faculty Scholarship

To understand subprime behavior and efficient breaches, it is imperative to first examine the necessary social predicate for economic transactions. Accordingly, Part I will offer an overview of society and the market, highlighting the importance of reciprocity and trust to both. Part II will define the economic transactions implicated by this Article: basic contracting, efficient breach of contract, and the subprime behavior of the current economic crisis. Part III will make explicit the nexus between subprime behavior and efficient breaches by explaining that subprime behavior and efficient breaches are linked by shared elements; they are opportunistic in nature, are interested …

Elena Kagan And The Miracle At Harvard, Kevin Washburn

Faculty Scholarship

During the past ten years, Harvard Law School has been transformed. Current students embrace the institution enthusiastically, appreciating not only the Harvard degree, but the process of earning it. Elena Kagan deserves much of the credit. Kagan led Harvard Law School through this transformation, which is identified here as the "Miracle at Harvard."

Party Polarization And Congressional Committee Consideration Of Constitutional Questions, Neal Devins

Faculty Publications

No abstract provided.

Calcitonin-Induced Alterations To The Ultimobranchial And Parathyroid Glands In The Garden Lizard Calotes Versicolor, Ajai K. Srivastav, Bhawna Srivastava, Diwakar Mishra, Sunil K. Srivastav, Nobuo Suzuki

Turkish Journal of Zoology

Calotes versicolor specimens were divided into 2 groups of equal quantity (groups A and B). Group A was injected daily with 0.1 mL/50 g bw of vehicle. Group B was injected daily with 0.5 \mug/50 g bw of salmon calcitonin. Lizards in each group were sacrificed 2 h after the last injection on the 1st, 3rd, 5th, 10th, and 15th day of treatment. After collection of blood samples, ultimobranchial and parathyroid glands were fixed. The plasma calcium level in the lizards treated with calcitonin decreased on day 1. This response progressed up to day 5; thereafter the level was elevated, …

A New Species Of Westralianus Boucek 1988 (Hymenoptera:Torymidae: Megastigminae) From Turkey, Mi̇kdat Doğanlar

Turkish Journal of Zoology

A new species of the Australian genus Westralianus Boucek (Hymenoptera: Chalcidoidea, Torymidae) is described from Altınözü, Hatay, Turkey. Some new diagnostic characters of the genus are provided by inclusion of a second species in the genus. The new species, W. altinoezus n.sp., is compared with the type species, W. microstigma Boucek 1988. The new species was recorded as a parasitoid of caterpillars of an unknown species of Lepidoptera living in galls of Gymnosporangium confusum (Uredinales: Pucciniaceae) on shoots of Crataegus monogyna Jacq. A description of the new species is provided and its diagnostic characters are photographed.

A New Trygetus Species From Central Asia (Araneae: Zodariidae), Yuri Marusik

Turkish Journal of Zoology

The new species Trygetus gromovi sp.n. is described based on the holotype female collected from eastern Turkmenistan. It is related to T. jacksoni Marusik & Guseinov, 2003 from Azerbaijan.

Systematic Position Of Kervillea (Kervillea) Ancyrana Bergevin, 1918 (Hemiptera, Fulgoromorpha, Issidae) From Turkey, With A New Synonym Of The Species, Veysel Kartal, Ali̇ Mi̇roğlu

Turkish Journal of Zoology

Based on the study of specimens from the type locality, Kervillea (Kervillea) ancyrana Bergevin, 1918 is restored as a valid species and a valid type species of the genus Kervillea Bergevin, 1918. Hysteropterum parvissimum Dlabola, 1957 is synonymized with K. (K.) ancyrana Bergevin, 1918. K. (K.) ancyrana Bergevin, 1918 and Kervillea (Kervillea) placophora (Horvath, 1905) are redescribed and figured based on the examination of the materials from Turkey.

Contributions To The Agromyzidae (Diptera) Fauna Of Turkey, Emi̇ne Çikman, Mitsuhiro Sasakawa

Turkish Journal of Zoology

Three new species are described: Ophiomyia quadrispinosa sp. nov., Metopomyza lingulata sp. nov., and Pseudonapomyza multicostata sp. nov. Five species are recorded from Turkey for the first time: Melanagromyza provecta (de Meijere), Liriomyza lutea (Meigen), L. periorbita Hendel, Phytomyza veronicicola Hering, and P. wahlgreni Rydén. All species were collected from Elazığ and Malatya provinces in 2007 and 2008. The general distribution and a description of each species are presented.

Maximum Swimming Speed Predictions For Mullus Barbatus (Linnaeus, 1758) And Diplodus Annularis (Linnaeus, 1758), Hüseyi̇n Özbi̇lgi̇n, Murat Pehli̇van, Fati̇h Başaran

Turkish Journal of Zoology

Maximum swimming speed of red mullet (Mullus barbatus) and annular sea bream (Diplodus annularis) was estimated based on muscle twitch experiments. The maximum estimated speed of red mullet (mean length: 16.9 cm) was 3.14 m/s (18.6 bl/s) at 26 °C. At 20 °C the maximum estimated speed of annular sea bream (mean length: 11.5 cm) was 1.92 m/s (16.7 bl/s). Maximum swimming speed of annular sea bream decreased as the temperature decreased.

Growth, The Length-Weight Relationship, And Reproduction In Vimba (Vimba Vimba L. 1758) Sampled From An Oligo-Mesotrophic Lake In Northwest Anatolia (Turkey), Hacer Okgerman, Mahmut Elp, Cumhur H. Yardimci

Turkish Journal of Zoology

The growth parameters and reproduction period in vimba (Vimba vimba L. 1758) sampled from Sapanca Lake were determined monthly between September 2003 and July 2004. The 335 vimba specimens caught ranged in age from 2^+ to 6^+ years, and the majority of the samples consisted of individuals of the 4^{+}-year-old age group. The length-weight relationship was estimated to be W = 0.0084 FL^{3.1797±0.0035} for males (r^2 = 0.94, P < 0.05) and W = 0.0089 FL^{3.1572±0.0033} for females (r^2 = 0.93, P < 0.05). Regression coefficients for sex were significant (t-test, P < 0.05). The slope (b) significantly differed (ANCOVA, P < 0.05) between months. The fact that the b values for male and female vimba specimens differed from 3.0 indicates that there was positive allometric growth. The von Bertalanffy equation was determined using Lt = 28.940 (1-exp {-0.123[t+2.193]}), \phi': 2.030, (r = 0.999) for males and Lt = 24.708 [1-exp {-0.205[t+1.464]}), \phi': 2.097, (r = 0.999) for females. The sex ratio was 1:1.86 (\chi^2; P < 0.05). The spawning period of vimba began at the end of April and continued until the beginning of July; the water temperature during this period was between 14.8 and 25.9 °C.