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2012

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A National Systemic Risk Clearinghouse?, Cristie Ford, Hardeep S. Gill Jan 2012

A National Systemic Risk Clearinghouse?, Cristie Ford, Hardeep S. Gill

All Faculty Publications

In December 2011, in Reference re Securities Act, the Supreme Court of Canada dashed the Canadian federal government’s hopes of being able to create a federal securities regulator. Instead, it left the constitutional jurisdiction over “day-to-day operations of the securities markets” with the provinces and allocated to the federal government responsibility for just two things: data collection, and the management of systemic risk. Our claim in this essay is that the Reference can be understood as an invitation to create a meaningful and ambitious national systemic risk regulator for the securities markets. The essay points to five recent examples (the …

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Finding Nemo Dat In The Land Title Act: A Comment On Gill V. Bucholtz, Douglas C. Harris, Karin Mickelson Jan 2012

Finding Nemo Dat In The Land Title Act: A Comment On Gill V. Bucholtz, Douglas C. Harris, Karin Mickelson

All Faculty Publications

This comment reviews the decision of the British Columbia Court of Appeal in Gill v. Bucholtz and explores the implications for the allocation of risk in the province’s title registration system. The case involved a rogue who forged the transfer of a fee simple and registered that transfer. The person on title, also a party to the fraud, then transferred two mortgages to bona fide purchasers. The purchasers of these charges held title insurance. The question before the court was whether the title registration system’s assurance fund would compensate the original holder of the fee simple interest for the mortgages …

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A Social Inquiry On Theory In American Archaeology: Through The Lens On A Non-American Cultural Anthropologist, Mayo Buenafe Jan 2012

A Social Inquiry On Theory In American Archaeology: Through The Lens On A Non-American Cultural Anthropologist, Mayo Buenafe

Nebraska Anthropologist

The following article is the author's treatise on the imperative for explicit theoretical use in North American archaeological approaches and research by critically assessing the views of Michelle Hegmon 's (2003:213-243) "Setting Theoretical Egos Aside: Issues and Theory in North American Archaeology" and Matthew Johnson's (2010:216-235) conclusions on the future of theory seen in Archaeological Theory: An Introduction, 2nd ed. This commentary discusses theory development in North American Archaeology as a discipline and advocates for the explicit use of theory in North American Archaeological research. A critical analysis of American archaeology is discussed through an assessment of common themes, …

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American Electricpower V. Connecticut: Disaster Averted By Displacing The Federal Common Law Of Nuisance, Damian M. Brychey Jan 2012

American Electricpower V. Connecticut: Disaster Averted By Displacing The Federal Common Law Of Nuisance, Damian M. Brychey

Georgia Law Review

Historically, the federal common law of nuisance has
provided a means to regulate interstate pollution. With
the passing of legislative acts such as the Clean Water Act
and the Clean Air Act, however, traditional federal
nuisance lawsuits were displaced. The continued viability
of the federal common law of nuisance to regulate
pollution, specifically greenhouse gases, was brought to
the forefront of American jurisprudence in American
Electric Power Co. v. Connecticut. There, the Supreme
Court held that the Clean Air Act and the EPA actions the
Act authorizes displace any federal common law right to
seek abatement of greenhouse gases-reversing the …

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Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black Jan 2012

Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black

Georgia Law Review

During the past half-century, education has experienced
a broad expansion of civil rights. Where no rights
previously existed, students now have the right to be free
from discrimination based on race, language status,
disability, wealth, gender, and homelessness. The full
development of these rights, along with substantive
educational improvements for disadvantaged students,
however, has recently stalled. For instance, mandatory
school desegregation, which laid the political and
theoretical foundation for other movements, is nearly non-
existent today. Other movements fare better than
desegregation, but nonetheless face serious limitations.
The overall trend of these various movements raises
serious questions about the prospects …

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Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis Jan 2012

Impairment As Protected Status: A New Universality For Disability Rights, Michelle A. Travis

Georgia Law Review

This Article analyzes the fundamental change to federal
civil rights law that Congress accomplished through the
ADA Amendments Act of 2008 (the ADAAA). Congress
enacted the ADAAA in response to a series of United States
Supreme Court opinions that had narrowly interpreted the
definition of disability in the Americans with Disabilities
Act of 1990. Although many commentators have
recognized the ADAAA's intent to restore the class of
individuals with disabilities to the breadth that Congress
originally intended, this Article argues that the ADAAA
accomplished something more significant: it extricated
disability from the broader concept of impairment. As a
result, the …

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In Defense Of Punishment Theory, And Contra Stephen: A Reply To Degirolami, Chad W. Flanders Jan 2012

In Defense Of Punishment Theory, And Contra Stephen: A Reply To Degirolami, Chad W. Flanders

All Faculty Scholarship

Marc DeGirolami’s searching recent essay in this Journal is — appropriately enough — hard to categorize, or even to summarize. It aims to criticize the rise of “theory” in the academic study of criminal punishment, but it does not stop at merely being critical. Rather, it attempts to revive the thought of James Fitzjames Stephen,and also to urge a better way of looking at the study of punishment: one that is more historically oriented as well as more pluralist. Stephen’s thought, DeGirolami complains, has been misunderstood and flattened, andit is our loss. We have lost not only the views of …

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Perceptions And Needs Of Agricultural Teachers On Classroom Diversity And Inclusion., Hari K. Vommi Jan 2012

Perceptions And Needs Of Agricultural Teachers On Classroom Diversity And Inclusion., Hari K. Vommi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Classrooms in the United States are more diverse than ever. It is predicted that nearly half of the public education students in the United States will be other than White by 2019. Teachers should have positive attitudes towards classroom diversity and inclusion. They should be well prepared to teach effectively in a diverse classroom. The purpose of the study was to examine the perceptions, the perceived confidence levels, and the perceived needs of agricultural teachers on classroom diversity, inclusion and multicultural education. The study also assessed the willingness of the teachers to participate in college courses and/or professional trainings on …

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Modeling And Compressing 3-D Facial Expressions Using Geometry Videos, Jiazhi Xia, Dao T. P. Quynh, Ying He, Xiaoming Chen, Steven C. H. Hoi Jan 2012

Modeling And Compressing 3-D Facial Expressions Using Geometry Videos, Jiazhi Xia, Dao T. P. Quynh, Ying He, Xiaoming Chen, Steven C. H. Hoi

Research Collection School Of Computing and Information Systems

In this paper, we present a novel geometry video (GV) framework to model and compress 3-D facial expressions. GV bridges the gap of 3-D motion data and 2-D video, and provides a natural way to apply the well-studied video processing techniques to motion data processing. Our framework includes a set of algorithms to construct GVs, such as hole filling, geodesic-based face segmentation, expression-invariant parameterization (EIP), and GV compression. Our EIP algorithm can guarantee the exact correspondence of the salient features (eyes, mouth, and nose) in different frames, which leads to GVs with better spatial and temporal coherence than that of …

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The Assertion Of Identity: Storytelling And Testimony In The Works Of Edwidge Danticat, Michael R. Kurban Jan 2012

The Assertion Of Identity: Storytelling And Testimony In The Works Of Edwidge Danticat, Michael R. Kurban

Honors Theses

Haitian-American author Edwidge Danticat evokes the Haitian tradition of storytelling in many of her novels and short story collections. A tradition formulated by vodou religion and the amalgamation of African cultures, storytelling acts to entertain, educate and enlighten the people of Haiti. Additionally, her novels are often written in the context of traumatic events in Haitian history. While Danticat's works have been studied with focus on their depiction of storytelling and of trauma, little has been done on the restorative power that storytelling provides. In this thesis, I seek to examine the potential for Danticat's characters and works to create …

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Associate Degree Completions, 2002-2011, University Of New Hampshire. Institutional Research And Assessment Jan 2012

Associate Degree Completions, 2002-2011, University Of New Hampshire. Institutional Research And Assessment

UNH Factbooks

University of New Hampshire factbook data from the 2011-2012 academic year

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Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb Jan 2012

Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb

UIC Law Review

No abstract provided.

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Concerning On-Site Wastewater Treatment Systems, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2012

Concerning On-Site Wastewater Treatment Systems, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

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Concerning A Supplemental Appropriation To The Department Of Public Health And Environment., Colorado General Assembly Jan 2012

Concerning A Supplemental Appropriation To The Department Of Public Health And Environment., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

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Tables Of Enacted House And Senate Bills - 2012, Colorado General Assembly Jan 2012

Tables Of Enacted House And Senate Bills - 2012, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

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Subject Index Session Laws - 2012, Colorado General Assembly Jan 2012

Subject Index Session Laws - 2012, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

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Nonclinical Development Needs And Regulatory Requirements For Multipurpose Prevention Technologies: A Primer, Joseph W. Romano, Martha Brady, Judy Manning Jan 2012

Nonclinical Development Needs And Regulatory Requirements For Multipurpose Prevention Technologies: A Primer, Joseph W. Romano, Martha Brady, Judy Manning

HIV and AIDS

This summary outlines key development elements that will be necessary for various configurations of multipurpose prevention products for the simultaneous prevention of HIV, sexually transmitted infections, and/or pregnancy.

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The Experiences Of Men Engaged In Transactional Sex With Other Men In Urban Nigeria—A Size Estimation And Qualitative Study, Population Council Jan 2012

The Experiences Of Men Engaged In Transactional Sex With Other Men In Urban Nigeria—A Size Estimation And Qualitative Study, Population Council

HIV and AIDS

Reports on a mixed-method research study to estimate the population size and understand the experiences of a sub-group of men who have sex with men presumed to be at particularly high risk of infection with HIV and other sexually transmitted infections: men who engage in transactional sex with other men.

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Concerning The Creation Of The Parks And Wildlife Commission To Replace The Parks And Wildlife Board In The Department Of Natural Resources, And, In Connection Therewith, Describing The Composition And Terms Of The Commission, And Reducing Appropriations., Colorado General Assembly Jan 2012

Concerning The Creation Of The Parks And Wildlife Commission To Replace The Parks And Wildlife Board In The Department Of Natural Resources, And, In Connection Therewith, Describing The Composition And Terms Of The Commission, And Reducing Appropriations., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

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Using Capture-Recapture Methodology For Enumerating Most-At-Risk Populations (Marps), Population Council Jan 2012

Using Capture-Recapture Methodology For Enumerating Most-At-Risk Populations (Marps), Population Council

HIV and AIDS

Populations at higher risk for HIV infection are often the most difficult to reach and this is particularly true of men who have sex with men (MSM), injecting drug users, and female sex workers in sub-Saharan Africa. These subpopulations are frequently marginalized by society because of the illicit and/or illegal activities they engage in. Estimating the size of hard-to-reach populations is important to effectively plan, implement, monitor, and evaluate HIV and AIDS prevention and care programs. “Capture-recapture” is a method of estimating the prevalence of a trait in a population or more simply it’s a method that provides a good …

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After A Funeral, Before A Test; And Other Stories, David Stewart Robinson Jan 2012

After A Funeral, Before A Test; And Other Stories, David Stewart Robinson

Theses, Dissertations and Capstones

After a Funeral, Before a Test; and Other Stories is a collection of nine fictional short stories. Their focus is diverse in regard to multiple aspects of creative fiction: subject matter, theme, style, setting and characters. Despite the array of material, one common method was to provide narration that would invite readers to make their own interpretation rather than to present overt, didactic stories. This narrative strategy was accomplished by using fictional concepts of setting, the objective correlative, and literary minimalism. Other elements include surrealism, Hemingway’s “iceberg effect,” and psychologically complex narrators. Literary influences include F. Scott Fitzgerald’s The Great …

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Silence And Self-Making: Black Lung Rhetoric And The Ken Hechler Letters, Jennifer De Pompei Jan 2012

Silence And Self-Making: Black Lung Rhetoric And The Ken Hechler Letters, Jennifer De Pompei

Theses, Dissertations and Capstones

This thesis combines history, rhetoric, and feminist identity studies to discuss the subject of black lung disease and the Appalachian coal miner. The first chapter examines the "evolution of mentalities" in historical and popular discourse surrounding the miner, which reflects James V. Catano's subversive form of the self-making identity in Ragged Dicks. The second chapter uses the feminist theory of silence as a form of control and power to understand the absence of black lung disease from the literature of coal. The final chapter is a case study of the correspondence between Congressional Representative Ken Hechler of West Virginia and …

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Performing Religiously Between Passion And Resistance, William Robert Jan 2012

Performing Religiously Between Passion And Resistance, William Robert

Religion - All Scholarship

No abstract provided.

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Fear Factor: The Role Of Fear In A Liberal Democracy, Sasha Stillman Jan 2012

Fear Factor: The Role Of Fear In A Liberal Democracy, Sasha Stillman

Featured Research

What is the most appropriate role of fear in contemporary democratic politics? Political figures and institutions harness and even create public fear for power and for maintaining order and structure. This thesis explores the moral dimensions of the use of fear in politics. I expected to find that not all politically premeditated uses of fear are undesirable. Could it be morally acceptable then, or even praiseworthy to use politically-motivated fear in certain cases? In certain situations, public fear may, in fact, be used to enhance democracy. This essay clarifies situations in which the political use of fear is both desirable …

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The Reach And The Grasp Of International Criminal Justice – How Do We Lengthen The Arm Of The Law?, Stephen J. Rapp Amb. Jan 2012

The Reach And The Grasp Of International Criminal Justice – How Do We Lengthen The Arm Of The Law?, Stephen J. Rapp Amb.

Case Western Reserve Journal of International Law

No abstract provided.

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Joseph Smith, Romanticism, And Tragic Creation, Terryl Givens Jan 2012

Joseph Smith, Romanticism, And Tragic Creation, Terryl Givens

English Faculty Publications

Joseph Smith, as I think historians readily recognize, has much to commend him as a Romantic thinker. Personal freedom was as sacred to him as to the young Schiller, his emphasis on individualism invites comparison with Byron and Emerson, his view of restoration as inspired syncretism is the religious equivalent of Friedrich Schlegel's "progressive universal poetry," his hostility to dogma and creeds evokes Blake's cry, "I must create my own system or be enslaved by another man's," and his celebration of human innocence and human potential transform into theology what Rousseau and Goethe had merely plumbed through the novel and …

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Uploading Guilt: Adding A Virtual Records Exception To The Federal Rules Of Evidence Note, Allison L. Pannozzo Jan 2012

Uploading Guilt: Adding A Virtual Records Exception To The Federal Rules Of Evidence Note, Allison L. Pannozzo

Connecticut Law Review

The creation of email and social networking websites significantly altered the practice of law. The wealth of information exchanged through emails, and postings on Facebook and MySpace has aided prosecutors, defense attorneys, and civil trial attorneys in litigating their cases. But despite the prevalence of email and social networking evidence in the legal field, the Federal Rules of Evidence have remained inadequate for dealing with this type of technology. Attorneys have been met with mixed results in their attempts to authenticate emails and social networking evidence at trial. Currently, courts are split on whether the content should even be admitted. …

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Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy J. Sepinwall Jan 2012

Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy J. Sepinwall

Connecticut Law Review

As a result of the Supreme Court's decision in Citizens United, corporations and individuals now enjoy the same rights to spend money on advertisements supporting or opposing candidates for office. Those concerned about the role of money in politics have much to decry about the decision. But the threat to democracy posed by allowing wealthy corporations to function as political speakers arises under the same regime that allows wealthy individuals to do so. If we are not prepared to limit individuals' expenditures on political speech, we will have to find a way to distinguish individuals' and corporations 'free speech rights. …

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The Evolving Temporality Of Lawmaking, Andrew J. Wistrich Jan 2012

The Evolving Temporality Of Lawmaking, Andrew J. Wistrich

Connecticut Law Review

Conventional wisdom suggests that law is past-oriented. That view always has been incomplete and is no longer as accurate as it once was. In fact, law always has been more future-oriented than is widely recognized. Additionally, during the last century, fundamental changes took place in attitudes about the nature and sources of law, as well as in the ways in which law is made. Predominately future-oriented methods of lawmaking-such as statutes, treaties, and administrative regulationshave expanded, while predominately past-oriented modes of lawmakingsuch as the common law-have contracted. As a result, lawmaking has become even more future-oriented, and law's memory of …

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Who Decides On Liberty Commentary: National Security: Response, Thomas P. Crocker Jan 2012

Who Decides On Liberty Commentary: National Security: Response, Thomas P. Crocker

Connecticut Law Review

Whether approached as a matter of executive discretion, judicial role, or individual rights, questions about security are never far removed from questions about liberty. Tradeoffs between liberty and security often seem unavoidable. Defenders of unbounded executive power argue that security relies on experts to whom citizens and courts alike must defer. But, if the tradeoff between security and liberty is to be a real weighing of the risks, costs, benefits, burdens, and consequences of various policy decisions, then who has the necessary expertise to decide on liberty? After all, to make decisions about the appropriate balance between security and liberty …

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