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Has The Charter Made A Difference For People With Disabilities?: Reflections And Strategies For The 21st Century, Ravi Malhotra

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper evaluates the role of the Canadian Charter of Rights and Freedoms in promoting the equality rights of people with disabilities through the lens of the social model of disablement. This stands for the proposition that structural barriers and attitudes in society are the primary cause of the marginalization of people with disabilities. Through a critical examination of key Supreme Court of Canada cases such as Eaton v. Brant County Board of Education, Granovsky v. Canada (Minister of Employment and Immigration), Eldridge v. British Columbia (Attorney General) and Council of Canadians with Disabilities v. Via Rail Canada Inc., the …

(Ab)Originalism And Canada’S Constitution, John Borrows

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper argues that constitutional interpretation should be non-discriminatory. Unfortunately, Canada’s Constitution contains a particularly deep and troubling interpretive inconsistency. This flaw exists in relation to Aboriginal and treaty rights within section 35(1) of the Constitution Act, 1982. Most constitutional rights are interpreted in accordance with a living tree approach. Conversely, Aboriginal peoples’ rights are largely viewed through an originalist lens. This paper explains the differences in these approaches, highlights their adverse effects for Aboriginal peoples, and identifies non-discriminatory alternatives consistent with Canada’s broader constitutional framework.

Not So Obvious After All: Patent Law's Nonobviousness Requirement, Ksr, And The Fear Of Hindsight Bias, Glynn S. Lunney Jr., Christian T. Johnson

Georgia Law Review

Before the creation of the Federal Circuit in 1982,
nonobviousness served as the primary gatekeeper for
patents. When patent holders sued for infringement and
lost, more than sixty percent of the time, they lost on the
grounds that their patent was obvious. With the advent of
the Federal Circuit, nonobviousness became a much less
difficult hurdle to surmount. From 1982 until 2005, when
patent holders sued for infringement and lost, obviousness
was the reason in less than fifteen percent of the cases.
While obviousness remained formally a requirement of
patent protection, there can be little doubt that the Federal
Circuit …

Aufarbeitung Der Vergangenheit Through The Medium Of Myth In Heinrich Böll's Short Stories Der Mann Mit Den Messern And Nicht Nur Zur Weihnachtszeit, Marcus James Cardarelli

Graduate Student Theses, Dissertations, & Professional Papers

German history of the 20th century was marked with unimaginable horrors and hardship. Both the First and Second World Wars left an indelible mark on the German psyche. Most specifically, the consequences of the Second World War were a turning point in German notions of cultural identity. The objective of this thesis is to analyze the various manners by which Heinrich Böll deals with the emerging cultural crisis in the post-war period of the late 1940’s and early 1950’s. I have chosen two of his short stories, Der Mann mit den Messern (1948) and Nicht nur zur Weihnachtszeit (1951), for …

Amur Tiger Predation And Energetic Requirements In The Russian Far East: New Insights From Global Positioning System Collars, Clayton Steele Miller

Graduate Student Theses, Dissertations, & Professional Papers

The IUCN Red List has classified all subspecies of tigers (Panthera tigris) as endangered with prey depletion being widely recognized as one of the primary drivers of tiger declines. Due to substantial energetic requirements, tigers can only survive and reproduce in areas with healthy prey populations. This may be particularly important for Amur tigers (P. t. altaica) in the Russian Far East, living at the northern limits and with the lowest prey densities of any tiger population. Few studies have been able to rigorously investigate annual prey requirements for any tiger population. We deployed Global Positioning System (GPS) collars on …

An Inquiry Into Eco-Labeling: The Promise Of Predator Friendly Certification (Pfc), Melissa Ellen Katherine Early

Graduate Student Theses, Dissertations, & Professional Papers

Agricultural landscapes play key roles in preserving biodiversity through habitat protection while providing ecosystem services necessary for rural livelihoods. There is a small, but growing movement among agricultural producers to live with nature rather than to dominate nature. Within this larger agriculture movement are efforts to live with predators rather than eliminating them through lethal means. This is reflective of the changing conversation around predators in the New West. Means of co-existence include livestock guardian animals, electric fencing, fladry, range rider patrols, rotational grazing, and lights etc. One grassroots effort in this area is Predator Friendly Certification (PFC). PFC is …

Core Selection By Wolf Packs In A Human-Dominated Landscape: A Case Study In The Mountains Of Southern Poland, Nathan Alan Owens

Graduate Student Theses, Dissertations, & Professional Papers

The wolf populations in Europe are mostly divided between the largely undeveloped countries of Eastern Europe, and the more developed Western European nations. Poland holds a special importance as a geographical link joining these populations into one contiguous population. The territories of two wolf packs in southwestern Poland were examined through the collection of scat data. Core areas were then defined using fixed-kernel density estimation techniques and 50% isopleths. Habitat variables were then compared between core plots and non-core plots. Scat marking of both packs resembled the Hot Spots pattern of marking proposed by Zub et al. (2003), rather than …

Clothed With Salvation: The Garden, The Veil, Tabitha, And Christ, Daniel Belnap

Studies in the Bible and Antiquity

Because clothing has a social function by which we define ourselves in relation to others, the rites of investiture and divestiture are often used within a given community as the individual moves from one social environment to another. These two rites can be used to examine the social progression of Adam and Eve via the fall, the symbolic movement from the mortal sphere to the divine sphere as represented with the veil, as well as the Christ-like nature of Tabitha who, like Christ himself, clothed others, thus giving them meaning and place within the community of believers.

Wherein Lies Virtue? Secular Matters And Godly Matters In The Works Of Sarah Fielding, Mary Ann Rooks

Religion in the Age of Enlightenment

Like many writers of the eighteenth century, Sarah Fielding frequently proclaims that the function of her narratives, and of fiction in general, is to inculcate virtue through entertaining storytelling; in her novels she forthrightly intends, as she says in the introduction to The Cry, to "entertain and instruct:' In her prefatory and other critical materials, she tends to draw from an arsenal of commonly referenced classical poets and early modern philosophers, essayists, and literary masters to illustrate and defend her moral purpose. Indeed, one might be led to believe, based solely on reading the ancillary, nonfiction expressions surrounding Fielding's …

Not Quite At The Well: 2 Samuel 11 As An Inverted Betrothal Journey Narrative, David B. Ridge

Library Research Grants

No abstract provided.

‘Robes And Furr’D Gowns Hide All’: Edgar’S Role(S) In King Lear, Annette Lucksinger

Quidditas

Despite his centrality in the play, Edgar’s role in King Lear has rarely attracted sustained analysis. To be sure, scholarly neglect doubtless results from Edgar’s own elusiveness, from the disguises that grant him access to the major characters in the play, disguises that encourage others to read in him what they wish to see. Analyzing what other characters see or fail to see in Edgar’s disguises offers important light on his character and his role in the play. A Lacanian analysis of Lear’s reading of Edgar’s role as Poor Tom shows that Lear’s effort to establish (or to re-establish) his …

“Rise Up, Lord, Scatter Your Enemies (Please)”: Faith And Doubt In The Anglo-Saxon Staffordshire Hoard1, Thomas Klein

Quidditas

As is now well known, in July of 2009, an unemployed metal “detectorist” named Terry Herbert was plying his device in the recently plowed field of a friend in the farmland outside of Lichfield, in Staffordshire, in the English West Midlands, and came upon a remarkable find.2 Over the course of several days, he uncovered hundreds of items of what turned out to be early Anglo-Saxon gold and silver metalwork. The find was subsequently reported to the British Portable Antiquities Scheme, which took over the site, and eventually some 1300 distinct objects (and many more pieces) were recovered. The news …

Tritimovirus P1 Functions As A Suppressor Of Rna Silencing And An Enhancer Of Disease Symptoms, Brock A. Young, Drake C. Stenger, Feng Qu, T. Jack Morris, Satyanarayana Tatineni, Roy French

Department of Plant Pathology: Faculty Publications

Wheat streak mosaic virus (WSMV) is an eriophyid mite-transmitted virus of the genus Tritimovirus, family Potyviridae. Complete deletion of helper component-proteinase (HC-Pro) has no effect on WSMV virulence or disease synergism, suggesting that a different viral protein suppresses RNA silencing. RNA silencing suppression assays using Nicotiana benthamiana 16C plants expressing GFP were conducted with each WSMV protein; only P1 suppressed RNA silencing. Accumulation of GFP siRNAs was markedly reduced in leaves infiltrated with WSMV P1 at both 3 and 6 days post infiltration relative to WSMV HC-Pro and the empty vector control. On the other hand, helper component-proteinase …

Corn Disease Profile Iii: Ear Rot Diseases And Grain Molds, Tamra A. Jackson-Ziems, Loren J. Giesler, Robert M. Harveson, Kevin A. Korus, Bo Liu, Stephen N. Wegulo

Department of Plant Pathology: Faculty Publications

Extension Circular 1901 (EC1901).

Under certain conditions, corn ear rot and grain mold diseases are common and can lead to loss of grain quality. Moldy grain can be docked or rejected at the elevator. Additionally, some ear and grain pathogens may produce secondary metabolites called mycotoxins, which are toxic to animals and humans consuming the contaminated grain. Mycotoxin-contaminated grain can also be docked or rejected. Mycotoxin production may start in the field and continue after harvest, or it may start during storage if mold infection begins there. When grain storage is necessary, drying grain to less than 15 percent moisture …

Factors Influencing Deoxynivalenol Accumulation In Small Grain Cereals, Stephen N. Wegulo

Department of Plant Pathology: Faculty Publications

Deoxynivalenol (DON) is a mycotoxin produced by the plant pathogenic fungi Fusarium graminearum and F. culmorum. These and other closely related fungi cause a disease known as Fusarium head blight (FHB) in small grain cereals. Other mycotoxins produced by FHB-causing fungi include nivalenol, T-2 toxin, and zearalenone. Ingestion of mycotoxin-contaminated food and feed can lead to toxicosis in humans and animals, respectively. DON is the predominant and most economically important of these mycotoxins in the majority of small grain-producing regions of the world. This review examines the factors that influence DON accumulation in small grain cereals from an agricultural perspective. …

Neoclassical Economics And The Erosion Of Middle-Class Values: An Explanation For Economic Collapse, John Mixon

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Framers, Children, And Free Expression, Kevin W. Saunders

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

What Sort Of People Do We Want - The Ethics Of Changing People Through Genetic Engineering, Michael J. Reiss

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Why Vouchers Are Unconstitutional, And Why They're Not, Abner S. Greene

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Proline Dehydrogenase Is Essential For Proline Protection Against Hydrogen Peroxide Induced Cell Death, Sathish Kumar Natarajan, Weidong Zhu, Xinwen Liang, Lu Zhang, Andrew Demers, Matthew C. Zimmerman, Melanie A. Simpson, Donald F. Becker

Department of Biochemistry: Faculty Publications

Proline metabolism has an underlying role in apoptotic signaling that impacts tumorigenesis. Proline is oxidized to glutamate in the mitochondria with the rate limiting step catalyzed by proline dehydrogenase (PRODH). PRODH expression is inducible by p53 leading to increased proline oxidation, reactive oxygen species (ROS) formation, and induction of apoptosis. Paradoxical to its role in apoptosis, proline also protects cells against oxidative stress. Here we explore the mechanism of proline protection against hydrogen peroxide stress in melanoma WM35 cells. Treatment of WM35 cells with proline significantly increased cell viability, diminished oxidative damage of cellular lipids and proteins, and retained ATP …

Montana Business Quarterly, Winter 2012, University Of Montana--Missoula. Bureau Of Business And Economic Research

Montana Business Quarterly, 1949-2021

This is an academic publication produced by the Bureau of Business and Economic Research (BBER) at the University of Montana’s College of Business. This is volume 50, number 4.

Reflections On Plant And Soil Nematode Ecology: Past, Present And Future, Howard Ferris, Bryan S. Griffiths, Dorota L. Porazinska, Thomas O. Powers, Koon-Hui Wang, Mario Tenuta

Department of Plant Pathology: Faculty Publications

The purpose of this review is to highlight key developments in nematode ecology from its beginnings to where it stands today as a discipline within nematology. Emerging areas of research appear to be driven by crop production constraints, environmental health concerns, and advances in technology. In contrast to past ecological studies which mainly focused on management of plant-parasitic nematodes, current studies reflect differential sensitivity of nematode faunae. These differences, identified in both aquatic and terrestrial environments include response to stressors, environmental conditions, and management practices. Methodological advances will continue to influence the role nematodes have in addressing the nature of …

The Genome Of The Polar Eukaryotic Microalga Coccomyxa Subellipsoidea Reveals Traits Of Cold Adaptation, Guillaume Blanc, Irina V. Agarkova, Jane Grimwood, Alan Kuo, Andrew J. Brueggeman, David Dunigan, James Gurnon, Istvan Ladunga, Erika Lindquist, Susan Lucas, Jasmyn Pangilinan, Thomas Pröschold, Asaf Salamov, Jeremy Schmutz, Donald P. Weeks, Takashi Yamada, Alexandre Lomsadze, Mark Borodovsky, Jean-Michel Claverie, Igor V. Grigoriev, James L. Van Etten

Department of Plant Pathology: Faculty Publications

Background: Little is known about the mechanisms of adaptation of life to the extreme environmental conditions encountered in polar regions. Here we present the genome sequence of a unicellular green alga from the division chlorophyta, Coccomyxa subellipsoidea C-169, which we will hereafter refer to as C-169. This is the first eukaryotic microorganism from a polar environment to have its genome sequenced.

Results: The 48.8 Mb genome contained in 20 chromosomes exhibits significant synteny conservation with the chromosomes of its relatives Chlorella variabilis and Chlamydomonas reinhardtii. The order of the genes is highly reshuffled within synteny blocks, suggesting that intra-chromosomal rearrangements …

Transgenic Expression Of Lactoferrin Imparts Enhanced Resistance To Head Blight Of Wheat Caused By Fusarium Graminearum, Jigang Han, Dilip K. Lakshman, Leny C. Galvez, Sharmila Mitra, P. Stephen Baenziger, Amitava Mitra

Department of Plant Pathology: Faculty Publications

Background: The development of plant gene transfer systems has allowed for the introgression of alien genes into plant genomes for novel disease control strategies, thus providing a mechanism for broadening the genetic resources available to plant breeders. Using the tools of plant genetic engineering, a broad-spectrum antimicrobial gene was tested for resistance against head blight caused by Fusarium graminearum Schwabe, a devastating disease of wheat (Triticum aestivum L.) and barley (Hordeum vulgare L.) that reduces both grain yield and quality.

Results: A construct containing a bovine lactoferrin cDNA was used to transform wheat using an Agrobacterium …

Phycodnavirus Potassium Ion Channel Proteins Question The Virus Molecular Piracy Hypothesis, Kay Hamacher, Timo Greiner, Hiroyuki Ogata, James L. Van Etten, Manuela Gebhardt, Luis Villarreal, Christian Cosentino, Anna Moroni, Gerhard Thiel

Department of Plant Pathology: Faculty Publications

Phycodnaviruses are large dsDNA, algal-infecting viruses that encode many genes with homologs in prokaryotes and eukaryotes. Among the viral gene products are the smallest proteins known to form functional K+ channels. To determine if these viral K+ channels are the product of molecular piracy from their hosts, we compared the sequences of the K+ channel pore modules from seven phycodnaviruses to the K+ channels from Chlorella variabilis and Ectocarpus siliculosus, whose genomes have recently been sequenced. C. variabilis is the host for two of the viruses PBCV-1 and NY-2A and E. siliculosus is the host for the virus EsV-1. …

Modeling An Improvement In Phosphorus Utilization In Tropical Agriculture, David Edelstein, David J. Tonjes

Technology & Society Faculty Publications

Studies of Terra Preta soils have generated interest in recreating their fertility elsewhere. Much of the research has focused on soil amendment charcoal (“biochar”). Terra Preta also contains bone fragments, producing a high concentration of phosphorus. Some forecast worldwide declines in phosphorus supplies, and better agricultural system management is required to improve phosphorus use efficiency. A conceptual model is offered to consider the influence of charcoal on bioavailability of phosphorus. The model describes a system where improvements in the chemical and biological condition of the soil result in increased phosphorus availability and cycling. Mechanisms of phosphorus/charcoal interaction are considered, and …

"Like" Your President: A Case For Online Voting, Jeremy Garson

University of Michigan Journal of Law Reform Caveat

In the wake of Hurricane Sandy, New Jersey allowed displaced residents to vote in the 2012 elections by email. The option to vote online has been available to military members stationed overseas since 2009. New Jersey’s decision to open online voting to civilians raises the question of why this shift didn’t take place sooner. Assuming New Jersey’s system holds up under post-election scrutiny, why not utilize it to the fullest extent possible? Online voter registration is already permitted by eleven states, including the liberal, infrastructure-rich, population-heavy California and the conservative, sparsely populated Alaska. Extending the registration system to voting itself …

Partial Word Knowledge: Frontier Words In The L2 Mental Lexicon, Alla Zareva

English Faculty Publications

The study set out to examine the partial word knowledge of native speakers, L2 advanced, and intermediate learners of English with regard to four word features from Richards' (1976) taxonomy of aspects describing what knowing a word entails. To capture partial familiarity, the participants completed in writing a test containing low and mid frequency content words, accompanied by a word knowledge scale. The analysis showed that there were three distinctive patterns of partially familiar vocabulary but their distribution across the three groups was quite different, which indicated that partial knowledge was linked to different word features across the three proficiency …

Interest And Its Development, K. Ann Renninger, Stephanie Su , '11

Educational Studies Faculty Works

No abstract provided.

Town Of Plainfield, New Hampshire Annual Reports 2011. Annual Reports Of The Officers And Selectmen And The School District., Plainfield Town Representatives

Plainfield, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.