Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2011

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 102961 - 102990 of 108213

Full-Text Articles in Entire DC Network

Vessel Manifest, Jessie Marie Hornbrook Jan 2011

Vessel Manifest, Jessie Marie Hornbrook

LSU Master's Theses

Vessel Manifest explores vessel forms and their pathways through time and experience. In using semiotic definitions to define the term vessel I investigate the ways in which it has become profound in my life. In seeking comfort and in searching for an explanation for the process of life and death, I look to the ways in which a vessel can manifest itself, physically, emotionally, mentally, and metaphysically. Memories of life spent on the water and theories and tenets of Tibetan Buddhist Philosophy are sewn together through images of physical vessels and abstract vessel forms. The large-scale intaglio prints incorporate multi-media …


Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon Jan 2011

Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon

Faculty Publications

No abstract provided.


Reduction Of Mammoplasty Using Inferior Pedicle In Heavy Breasts (Macromastia)., Stanley Ominde Khainga, Ronald Wasike, P. K. Biribwa Jan 2011

Reduction Of Mammoplasty Using Inferior Pedicle In Heavy Breasts (Macromastia)., Stanley Ominde Khainga, Ronald Wasike, P. K. Biribwa

General Surgery, East Africa

Symptoms associated with heavy breasts are pain in the upper part of the body; back pains, poor body posture and headache. These patients also have difficulties in finding suitable clothes and experience poor self-image and problems such as establishing sexual relationships. Reduction mammoplasty procedure provides weight and volume reduction of the breast as well as enhancement of the aesthetic appearance of the breasts. In this study, the inferior pedicle technique was used in reduction of thirty five patients over the last four years with macromastia. In all the patients except three, good results were achieved. One patient suffered nipple necrosis …


Addressing The Challenges Of Practicing Breast Cytology In A Tertiary Teaching Hospital In Kenya, Neeta Kumar, Shahin Sayed, Zahir Moloo, Rajendra Chauhan Jan 2011

Addressing The Challenges Of Practicing Breast Cytology In A Tertiary Teaching Hospital In Kenya, Neeta Kumar, Shahin Sayed, Zahir Moloo, Rajendra Chauhan

General Surgery, East Africa

Objectives: To assess diagnostic accuracy of breast cytology through histological correlation and identify reasons for diagnostic pitfalls.

Methods: A total of 2700 cases were reported in cytology during the study period of 14 months, of which 1100 (40%) were from breast lesions. Only 96 (9%) cases had histological follow up in the form of core biopsy, lumpectomy and/or mastectomy. The cases in which cytology diagnosis did not match with histology diagnosis were reviewed by two pathologists and reasons for the diagnostic pitfalls in cytology were recorded. Sensitivity, specificity, positive predictive value (PPV) and negative predictive value (NPV) of cytology were …


The Post-Tarp Movement To Regulate Banker Pay, Eric D. Chason Jan 2011

The Post-Tarp Movement To Regulate Banker Pay, Eric D. Chason

Faculty Publications

No abstract provided.


Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins Jan 2011

Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins

Faculty Publications

No abstract provided.


Evidence (Routledge Handbook Of International Criminal Law), Nancy Amoury Combs Jan 2011

Evidence (Routledge Handbook Of International Criminal Law), Nancy Amoury Combs

Faculty Publications

No abstract provided.


Cooperative Federalism And Police Reform: Using Congressional Spending Power To Promote Police Accountability, Kami Chavis Simmons Jan 2011

Cooperative Federalism And Police Reform: Using Congressional Spending Power To Promote Police Accountability, Kami Chavis Simmons

Faculty Publications

Police misconduct and corruption persist in our nation's local police departments. Recognizing the organizational roots of police misconduct, Congress granted the U.S. Department of Justice (the "DOJ") the authority to seek injunctive relief to implement institutional reforms within local law enforcement agencies. While the federal government's current strategy represents a promising model for reform, the DOJ's efforts cannot reach many local police departments that require intervention. Furthermore, the local primacy of criminal-justice issues, particularly issues related to police practices, implicates important federalism concerns. Although federal intervention is appropriate to address persistent patterns of misconduct, states and local entities must play …


Contempt Of Congress, Aaron-Andrew P. Bruhl Jan 2011

Contempt Of Congress, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


Horizontal Erie And The Presumption Of Forum Law, Michael S. Green Jan 2011

Horizontal Erie And The Presumption Of Forum Law, Michael S. Green

Faculty Publications

According to Erie Railroad v. Tompkins and its progeny, a federal
court interpreting state law must decide as the state’s supreme
court would. In this Article, I argue that a state court interpreting
the law of a sister state is subject to the same obligation. It must
decide as the sister state’s supreme court would.


Horizontal Erie is such a plausible idea that one might think it is
already established law. But the Supreme Court has in fact given
state courts significant freedom to misinterpret sister-state law. And
state courts have taken advantage of this freedom, by routinely presuming
that …


Consent To Retaliation: A Civil Recourse Theory Of Contractual Liability, Nathan B. Oman Jan 2011

Consent To Retaliation: A Civil Recourse Theory Of Contractual Liability, Nathan B. Oman

Faculty Publications

In the ancient Near East, contracts were often solemnized by hacking up a goat. The ritual was an enacted penalty clause: “If I breach this contract, let it be done to me as we are doing to the goat.” This Article argues that we are not so far removed from our goat-hacking forbearers. Legal scholars have argued that contractual liability is best explained by the morality of promise making, or by the need to create optimal incentives in contractual performance. In contrast, this Article argues for the simpler, rawer claim that contractual liability consists of consent to retaliation in the …


Eyes On A Climate Prize: Rewarding Energy Innovation To Achieve Climate Stabilization, Jonathan H. Adler Jan 2011

Eyes On A Climate Prize: Rewarding Energy Innovation To Achieve Climate Stabilization, Jonathan H. Adler

Faculty Publications

Stabilizing atmospheric concentrations of greenhouse gases at double their pre-industrial levels (or lower) will require emission reductions far in excess of what can be achieved at a politically acceptable cost with current or projected levels of technology. Substantial technological innovation is required if the nations of the world are to come anywhere close to proposed emission reduction targets. Neither traditional federal support for research and development of new technologies nor traditional command-and-control regulations are likely to spur sufficient innovation. Technology inducement prizes, on the other hand, have the potential to significantly accelerate the rate of technological innovation in the energy …


"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs Jan 2011

"Fact-Finding Without Facts": A Conversation With Nancy Combs, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Erie’S Suppressed Premise, Michael S. Green Jan 2011

Erie’S Suppressed Premise, Michael S. Green

Faculty Publications

No abstract provided.


Catching The Wave: State Supreme Court Outreach Efforts, Rebecca Green Jan 2011

Catching The Wave: State Supreme Court Outreach Efforts, Rebecca Green

Faculty Publications

State supreme courts have begun to grasp the many ways technology can connect the public with courts. This article will review some of the main trends in state supreme courts’ use of the Internet to educate the public about their work.


Precedent, Aaron-Andrew P. Bruhl Jan 2011

Precedent, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger Jan 2011

The State (Never) Rests: How Excessive Prosecutor Caseloads Harm Criminal Defendants, Adam M. Gershowitz, Laura R. Killinger

Faculty Publications

No abstract provided.


Leiter On The Legal Realists, Michael S. Green Jan 2011

Leiter On The Legal Realists, Michael S. Green

Faculty Publications

In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to …


Ethical Guidance For A Grander Jury, Anna Offit Jan 2011

Ethical Guidance For A Grander Jury, Anna Offit

Faculty Publications

Section I of this Note explores the extent to which the American Bar Association (ABA) Practice Guide, and similar major ethical conventions and advisory opinions, present competing interpretations of the grand jury's role in the criminal justice system. The lack of prosecutorial disclosure of exculpatory evidence, grand jury secrecy, and the abundance of plea negotiations demonstrate how historicized visions of the grand jury are appropriated to serve distinct conceptions of the institution's proper role. Section II offers a historical narrative of the grand jury that places grand jurors' "local knowledge" and experience at the heart of an inherently interpretive and …


Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl Jan 2011

Deciding When To Decide: How Appellate Procedure Distributes The Costs Of Legal Change, Aaron-Andrew P. Bruhl

Faculty Publications

Legal change is a fact of life, and the need to deal with it has spawned a number of complicated bodies of doctrine. Some aspects of the problem of legal change have been studied extensively, such as doctrines concerning the retroactivity of new law and the question whether inferior courts can anticipatorily overrule a moribund superior court precedent. How such questions are answered affects the size and the distribution of the costs of legal change. Less appreciated is the way that heretofore almost invisible matters of appellate procedure and case handling also allocate the costs of legal transitions. In particular, …


The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer Jan 2011

The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer

Faculty Publications

No abstract provided.


Games And Other Uncopyrightable Systems, Bruce E. Boyden Jan 2011

Games And Other Uncopyrightable Systems, Bruce E. Boyden

Faculty Publications

This article solves two puzzles in copyright law. First, it has long been blackletter law that games are not copyrightable. But the origins of this rule are lost to history, and the reasons for it are not obvious. Second, it has never been adequately explained what makes something a “system” excluded from copyright protection under Section 102(b) of the Copyright Act. Modern courts interpret “system” as merely a synonym for “idea” or “process,” two other categories of exclusions. Others have interpreted it using the broadest definition in the dictionary, which would sweep in large amounts of copyrightable material as well. …


Market Integration And (The Limits Of) The First Sale Rule In North American And European Trademark Law, Irene Calboli Jan 2011

Market Integration And (The Limits Of) The First Sale Rule In North American And European Trademark Law, Irene Calboli

Faculty Publications

This Article explores the intricate relationship between the exercise of trademark rights and the free movement of goods in the marketplace, and considers the effectiveness and the limitations of the principle of trademark first sale (also known as trademark exhaustion) in promoting the free movement of goods across international borders, notably across members of free trade areas. In particular, this Article examines the application of the principle of trademark first sale and the resulting process of market integration that has characterized to date the members of NAFTA and the European Union. Based upon this comparison, this Article argues that the …


There’S No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury Jan 2011

There’S No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury

Faculty Publications

This article analyzes the theory of dispute system design when put into action to meet a current economic crisis. In partnership with the City of Milwaukee, Marquette University Law School designed and now operates a voluntary mediation program to deal with the foreclosure crisis. The creation of the Marquette Foreclosure Mediation Program (MFMP) is a case study in dispute system design. Because MFMP is unlike other foreclosure mediation programs - in that it is was designed in conjunction with and is now operated by a law school - the design structure and results analysis are unique and can provide important …


Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren Jan 2011

Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren

Faculty Publications

This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …


Morphometric Characters Of The Mediterranean Green Crab (Carcinus Aestuarii Nardo, 1847) (Decapoda, Brachyura), In Homa Lagoon, Turkey, Cengi̇z Koçak, Deni̇z Acarli, Tuncer Katağan, Murat Özbek Jan 2011

Morphometric Characters Of The Mediterranean Green Crab (Carcinus Aestuarii Nardo, 1847) (Decapoda, Brachyura), In Homa Lagoon, Turkey, Cengi̇z Koçak, Deni̇z Acarli, Tuncer Katağan, Murat Özbek

Turkish Journal of Zoology

Determining the length-length and length-weight relationships and having access to the formulas on the relationships would enable researchers to indirectly estimate the approximate sizes of the organisms when consumed as prey items by examining one of the appendages found in the gut contents. In order to determine some morphometric characters of the Mediterranean green crab (Carcinus aestuarii Nardo, 1847) inhabiting Homa Lagoon, İzmir Bay, Turkey, crab samples were collected using trammel nets, fyke nets, beach seines, and fence traps in monthly intervals between June 2006 and May 2007. A total of 608 male and 559 female specimens were collected during …


Intraspecific Genetic Diversity Of The Oak Gall Wasp Andricus Lucidus (Hymenoptera: Cynipidae) Populations In Anatolia, Serap Mutun Jan 2011

Intraspecific Genetic Diversity Of The Oak Gall Wasp Andricus Lucidus (Hymenoptera: Cynipidae) Populations In Anatolia, Serap Mutun

Turkish Journal of Zoology

Intraspecific genetic diversity and phylogenetic relationships of Andricus lucidus haplotypes from Turkey were studied by PCR-RFLP analysis. A total of 26 haplotypes were detected among 144 individuals collected from 9 populations. The estimated average haplotype and nucleotide diversity within populations were 0.8089 and 0.115542, respectively. Nucleotide divergence estimates among the analyzed oak gall wasp populations ranged between 0.012% and 7.3%. Dendrograms indicated that there was a relationship between the geographical distribution of haplotypes and their clustering. AMOVA analysis for estimation of the partitioning of genetic differentiation at all different hierarchical levels was statistically significant. Analysis of variance revealed that the …


G-Banding Karyotypes Of Myotis Myotis (Borkhausen, 1797) And Myotis Blythii (Tomes, 1857) (Mammalia: Chiroptera) In Turkey, Nursel Aşan, İrfan Albayrak, Tarkan Yorulmaz, Si̇nan İnci̇ Jan 2011

G-Banding Karyotypes Of Myotis Myotis (Borkhausen, 1797) And Myotis Blythii (Tomes, 1857) (Mammalia: Chiroptera) In Turkey, Nursel Aşan, İrfan Albayrak, Tarkan Yorulmaz, Si̇nan İnci̇

Turkish Journal of Zoology

This study is based on the G-banding karyotype of 2 sibling bat species Myotis myotis (Borkhausen, 1797) (Greater Mouse-eared Myotis) and M. blythii (Tomes, 1857) (Lesser Mouse-eared Myotis) distributed in Turkey. G-banding karyotypes showed that the 2 taxa possessed identical G-banded chromosome arms. It was concluded that G-banded chromosomes are not sufficient as a diagnostic character for separating M. myotis from M. blythii.


The First Record Of Family Selenopidae (Arachnida: Araneae) From Turkey, Kadi̇r Buğaç Kunt, Serdar Tezcan, Ersen Aydin Yağmur Jan 2011

The First Record Of Family Selenopidae (Arachnida: Araneae) From Turkey, Kadi̇r Buğaç Kunt, Serdar Tezcan, Ersen Aydin Yağmur

Turkish Journal of Zoology

The family Selenopidae and selenopid spider Selenops radiatus Latreille, 1819 are recorded in Turkey for the first time.


First Record Of Saemundssonia Australis Timmermann, 1955 (Mallophaga: Phthiraptera) From Lesser Sheathbill, Chionis Minor (Charadriiformes: Chionididae) In The Prince Edward Islands, Ross Gordon Cooper, Hytham Eldoumani, Ilmars Duritis, Tensingh Gnanaraj, Jaroslaw Horbanczuk Jan 2011

First Record Of Saemundssonia Australis Timmermann, 1955 (Mallophaga: Phthiraptera) From Lesser Sheathbill, Chionis Minor (Charadriiformes: Chionididae) In The Prince Edward Islands, Ross Gordon Cooper, Hytham Eldoumani, Ilmars Duritis, Tensingh Gnanaraj, Jaroslaw Horbanczuk

Turkish Journal of Zoology

The object of the study was to devise a quick and reliable method for the collection and study of lice present in birds without harm or stress being inflicted on the birds. Described is the feather ruffling collection of parasitic lice Saemundssonia australis from Chionis minor and microscopic observations thereof. A random selection of 10 free-flying Lesser Sheathbills were caught on Marion Island (46°54´S, 37°45´E) with the aid of a hand net. Approximately 10 lice from each bird were collected. Examination of microphotographs of male and female lice was made. The sex ratio of parasites was approximately equal. All collected …