Digital Commons Network^™

Implementation Of The Right To Counsel For Children In Juvenile Court Dependency Proceedings: Lessons From Kenny A., Ira Lustbader, Erik Pitchal

Nova Law Review

No abstract provided.

Player Safety In Youth Sports: Sportsmanship And Respect As An Injury Prevention Strategy, Douglas E. Abrams

Faculty Publications

Preventing avoidable injury is the first obligation of adults who conduct and supervise youth sports events. The law plays only a limited role because lawsuits occur only after the injury. As the behavior of many parents and coaches has deteriorated, national youth sports governing bodies have produced materials that cast adults as role models and urge them to teach and practice sportsmanship and respect. These bodies should now recast these useful citizenship-based adult-education materials to stress also that adherence to sportsmanship and respect helps prevent injuries that can occur when adults acting irresponsibly neutralize national safety standards. Protective equipment is …

Bringing Mindfulness Into The Law School Classroom: A Personal Journey, Richard C. Reuben

Faculty Publications

This autobiographical essay discusses how the author used the techniques and benefits associated with mindfulness to improve his law school classroom teaching. Mindfulness is a state of non-judgmental present moment awareness that is often cultivated through meditation practice but also carried forward into everyday life. The essay discusses how this stance of mindfulness helped the author achieve a greater connection with his students in a variety of both doctrinal and non-traditional classes by fostering more openness, receptivity, and responsiveness to where students are at in the classroom moment, as well as the greater clarity, courage, and compassion that can be …

Gene Therapy In The Cornea: 2005--Present, Rajiv R. Mohan, Jonathan C. K. Tovey, Ajay Sharma, Ashish Tandon

Pharmacy Faculty Articles and Research

Successful restoration of vision in human patients with gene therapy affirmed its promise to cure ocular diseases and disorders. The efficacy of gene therapy is contingent upon vector and mode of therapeutic DNA introduction into targeted cells/tissues. The cornea is an ideal tissue for gene therapy due to its ease of access and relative immune-privilege. Considerable progress has been made in the field of corneal gene therapy in last 5 years. Several new gene transfer vectors, techniques and approaches have evolved. Although corneal gene therapy is still in its early stages of development, the potential of gene-based interventions to treat …

Not A Free Press Court?, Lyrissa Lidsky

Faculty Publications

The last decade has been tumultuous for print and broadcast media. Daily newspaper circulation continues to fall precipitously, magazines struggle to survive, and network television audiences keep shrinking. In the meanwhile, cable news is prospering, mobile devices are contributing to increased news consumption, and many new media outlets appear to be thriving. Despite the dynamism in the media industry, the Supreme Court under Chief Justice John Roberts has taken up relatively few First Amendment cases directly involving the media. The Court has addressed a number of important free speech cases since 2005, but thus far the only Roberts Court decisions …

Relationship Between Physical Activity And Depressive Symptoms In Adolescents, Joshua Ganz

All Graduate Theses, Dissertations, and Other Capstone Projects

Statement of the Problem: Low levels of physical activity levels may have a relationship with depressive characteristics. Understanding if there is a relationship between physical activity and depressive traits in the adolescent population may contribute to effective ways to reduce depressive traits and increase physical activity. Procedure: Survey research was used to collect data about adolescents' demographic characteristics, physical activity levels, and depressive characteristics. Participants were selected from the adolescent school population. The sample was taken from a Minnesota public high school by using an entire tenth-grade population from a local school. Of the 75 students being used for sample …

Cytomegalovirus Cc Chemokine Promotes Immune Cell Migration, Jennifer Totonchy, Michael Denton, Craig N. Kreklywich, Takeshi Andoh, Jessica M. Osborn, Daniel Chen, Ilhem Messaoudi, Susan L. Orloff, Daniel N. Streblow

Pharmacy Faculty Articles and Research

Cytomegaloviruses manipulate the host chemokine/receptor axis by altering cellular chemokine expression and by encoding multiple chemokines and chemokine receptors. Similar to human cytomegalovirus (HCMV), rat cytomegalovirus (RCMV) encodes multiple CC chemokine-analogous proteins, including r129 (HCMV UL128 homologue) and r131 (HCMV UL130 and MCMV m129/130 homologues). Although these proteins play a role in CMV entry, their function as chemotactic cytokines remains unknown. In the current study, we examined the role of the RCMV chemokine r129 in promoting cellular migration and in accelerating transplant vascular sclerosis (TVS) in our rat heart transplant model. We determined that r129 protein is released into culture …

South Dakota State University Undergraduate General Catalog 2012-2013, South Dakota State University

South Dakota State University Catalogs and Bulletins: 1935 to present

No abstract provided.

Usefulness Varies By Country: The Utility Requirement Of Patent Law In The United States, Europe And Canada, Jay Erstling, Amy M. Salmela, Justin N. Woo

Faculty Scholarship

The requirement that an invention have utility is one of the most fundamental of the patent laws. In the United States, for example, the concept of utility is rooted in the Constitution: Article 1, Section 8, gives Congress the power to grant exclusive rights to inventors in order “[t]o promote the progress of Science and useful Arts.” Other jurisdictions recognize utility in the form of inventions that have “industrial applicability” or are “capable of exploitation in industry,” with all of these terms and phrases generally viewed as being synonymous.

Historically, nearly every jurisdiction has excluded some type of invention from …

Shaken Baby Syndrome As Felony Murder In North Carolina, Derick R. Vollrath

Campbell Law Review

This Article argues that the North Carolina criminal law’s treatment of Shaken Baby Syndrome should be reformed. Rather than leaving in place a legal regime that allows the state to prosecute all Shaken Baby Syndrome cases as first-degree murder, the law should distinguish between accidental and purposeful killings. If the state wishes to punish Shaken Baby Syndrome cases with special severity, the General Assembly should make this policy choice explicit. In making this argument, this Article proceeds in three parts. First, this Article examines how and why North Carolina subjects all Shaken Baby Syndrome deaths to prosecution as first-degree murder. …

Queers, Cupid’S Arrow, And Contradictions In The Classroom: An Activity Theory Analysis, Heather Trahan

The Journal of the Assembly for Expanded Perspectives on Learning

“Third generation” activity theory can help instructors support and also deal with gay romance in the classroom.

The Inward Turn Of Consciousness : Gods, Metaphors, Necessity, And The Continued Relevance Of Greek Tragedy, Jillian Knapczyk

Honors Capstones

This paper was written to examine Greek Tragedy in its entirety, specifically through the playwrights Aeschylus, Sophocles, and Euripides. We focused on the inward turn of consciousness, or the movement from the great gods of Olympus authorizing actions through supra-human forces informing character, to conflicting psychic drives that condition human lives and motivate actions. We looked at the backgrounds of all three playwrights, analyzed each play, and ultimately concluded that Greek Tragedy is still important today. Greek Tragedy remains profoundly relevant today because it tries to explain ourselves, our relationship to others, our relationship to the world, and our relationship …

Trade, Transportation, And Freight Mobility: Invest Now Or Pay Later?, Eric Jessup

Institute of Metropolitan Studies Publications

An efficient multi-modal transportation system that out-performs other international gateway cities will provide a regional. competitive advantage. Achieving this goal requires a strategic plan and a concerted effort based upon access to accurate, timely, relevant data and investment prioritization that maximizes efficient utilization of limited resources. Once a plan is developed, the public must buy-in, a process that involves an educational and information exchange function where public-private benefits are enumerated, understood, and presented to voters, legislative bodies, lobbyist, and state policymakers in a clear, convincing manner. This process applies any time in history but is especially important given the current …

Comparison Of Chinese And U.S. Patent Reform Legislation: Which, If Either, Got It Right?, 11 J. Marshall Rev. Intell. Prop. L. 567 (2012), Wayne C. Jaeschke, Zhun Lu, Paul Crawford

UIC Review of Intellectual Property Law

Chinese patent law has a short history whereas the United States ("U.S.") system has a more robust history. This article chronicles important remaining differences between Chinese and U.S. patent laws including the utility model successfully employed at State Intellectual Property Office of the People’s Republic of China ("SIPO") and in the Chinese courts, but not available under U.S. law. Some differences are discussed in regard of patent appeals, reexaminations for invalidity, China’s lack of a reissue process to correct major errors, China’s inventors remuneration process and compulsory licensing of patents, and China’s unique requirement of post termination compensation to support …

India’S Use It Or Lose It: Time To Revisit Trips?, 11 J. Marshall Rev. Intell. Prop. L. 797 (2012), Levon Barsoumian

UIC Review of Intellectual Property Law

India is one of a number of countries which impose a “local working” requirement on patented inventions. This finds its source in sections 83, 84, and 89 of India’s Patent Act. A recent decision by the Controller of Patents granting a compulsory license to Natco for a Bayer-patented anti-cancer drug confirms that importation will not satisfy this requirement. Corporations seeking to produce and market products for international sale will receive varying degrees of patent protection from different nations. This comment proposes an amendment to the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) defining what local working requirements are …

Are Royalties Reasonable In Patent Infringment Suits? Using Hindsight At The Hypothetical Negotiating Table, 12 J. Marshall Rev. Intell. Prop. L. 241 (2012), Michael J. Carrozza

UIC Review of Intellectual Property Law

Reasonable royalties have become the primary form of relief in patent infringement lawsuits. Once a patent is found valid and infringed, royalties are calculated based on a hypothetical license negotiation between the patent owner and infringer said to take place at the moment infringement began. The calculations seek to arrive at a royalty amount the parties would have agreed upon had an actual license been negotiated. But there is disagreement among courts as to what information should inform the royalty amount. Some take the hypothetical negotiation literally and disallow post-infringement information from entering the calculations because such information would have …

2012 Risd Wintersession Schedule Of Courses, Risd Registrar's Office, Risd Archives

RISD Course Catalogs / Announcements

No abstract provided.

2012-2013 Risd Course Announcement, Risd Registrar's Office, Risd Archives

RISD Course Catalogs / Announcements

No abstract provided.

Karl E. Peace Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of the personal and research papers of Karl E. Peace, Professor of Biostatistics at Georgia Southern University and namesake of the Karl E. Peace Center for Biostatistics and Survey Research. Materials span 1941 to 2018 and include, correspondence, teaching materials, published articles, and manuscripts. A small portion of 3 photographs and artists renderings are also included. This collection is still undergoing processing.

Find this collection in the University Libraries' catalog.

Filling In The Gaps: A New Approach To Treaty Implementation Reconciling The Supremacy Clause And Federalism Concerns, Tess Deliefde

University of Miami Law Review

No abstract provided.

No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker

Animal Law Review

As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the …

Walk In The Park: A Legal Overview Of California's State And Federal Parks And The Laws Governing Their Use And Enjoyment, A, Pieter M. O'Leary

Natural Resources Journal

No abstract provided.

Abdullahi V. Pfizer: Second Circuit Finds A Nonconsensual Medical, Experimentation Claim Actionable Under Alien Tort Statute, Anna Alman

Denver Journal of International Law & Policy

No abstract provided.

Rules For Playing God: The Need For Assisted Migration & New Regulation, Jessica Kabaz-Gomez

Animal Law Review

Climate change is quickly transforming habitats. Species in affected regions are facing extinction as they are unable to migrate to suitable environments. This Note discusses assisted migration, the intentional human-assisted movement of imperiled species to suitable habitats outside of their historic range, as an important—though controversial—conservation tool. There are, however, no comprehensive assisted migration regulations in the United States. This Note argues that the U.S. Fish & Wildlife Service (FWS) should be the agency to issue regulations regarding assisted migration because FWS already has broad authority under the Endangered Species Act to conserve wildlife. This Note proposes that new regulations …

Modeling The Second Amendment Right To Carry Arms (I): Judicial Tradition And The Scope Of "Bearing Arms" For Self-Defense, Michael P. O'Shea

American University Law Review

This Article sheds light on a major constitutional question opened up by the United States Supreme Court’s landmark decisions in District of Columbia v. Heller and McDonald v. City of Chicago: Does the Second Amendment “right to bear arms” include a right to carry a handgun for self-defense outside the home? Some courts and commentators have declared that Heller held that the Second Amendment right is limited to the home, so that restrictions on handgun carrying do not even fall within the scope of the Second Amendment. Others assert that the potential applicability of the right to bear arms outside …

Seedling Root Morphology Of Six Alfalfa Populations, Brianna J. Gaughan

The Journal of Undergraduate Research

Seedling root morphology plays a crucial role in seedling survival and stand establishment. Naturalized yellow-flowered alfalfa (YFA) (Medicago sativa subsp. falcata) has demonstrated adaptation to semiarid conditions of the Northern Great Plains and tolerance to grazing. Seedling stage root morphology is poorly defined. Our objective was to compare morphological traits of seedling roots for six alfalfa populations. Six entries were evaluated: one M. sativa population as a control, two M. falcata entries, with reported “spreading characteristics” and three naturalized YFA populations. Uniform seeds of each entry were scarified with 320 grade sand paper and inoculated with rhizobium before planting. A …

Shoot Morphology Of Eleven Alfalfa Populations, Jessica A. Schmuck

The Journal of Undergraduate Research

Alfalfa (Medicago sativa L.) is a major component of feed for dairy and beef cattle and one of the most productive forage species in North America. Alfalfa has been planted on millions of acres. More than 100 varieties have been developed in North America over the past 100 years. However, historically, alfalfa persistence under grazing in semiarid rangeland has generally been poor. Recently, it was discovered that naturally-selected populations of predominantly yellow-flowered alfalfa have been proven to be adapted to rangelands of western South Dakota and adjacent areas. A study was initiated in May 2006 to evaluate persistence and vigor …

The Growing Demand For Energy And Ethanol’S Role, Kyleen Shields

The Journal of Undergraduate Research

With growing demand for fuel ethanol production has become a large player in the market. This study evaluates the efficient usage of corn as well as how ethanol has contributed to the US economy.

A Garden-Based Nutrition Intervention In The Rural Dominican Republic - Impact On Vitamin A Rich Food Consumption And Household Food Security, John Christopher Binford

Yale Medicine Thesis Digital Library

Garden-based nutrition interventions focus on improving food security and

food diversity through the creation and augmentation of homestead food production.

This study assesses the impact of a garden-based nutrition intervention on the

consumption of vitamin A rich foods and household food security in rural

communities of the Dominican Republic. It was hypothesized that communities

participating in the intervention would experience a statistically significant increase in

vitamin A rich food consumption and improved household food security compared to

control communities. Validated "Vitamin A Food Frequency" and "Food Security"

questionnaires were conducted by convenience sampling of households containing a

pregnant woman or …

Galnt11 Is A Novel Galnac-Transferase That Glycosylates Notch1 Receptor To Specify Between Motor And Sensory Ciliary Fates In The Vertebrate Left-Right Organizer, Marko Boskovski

Yale Medicine Thesis Digital Library

Heterotaxy is a disease of abnormal left-right (LR) body patterning associated with congenital heart disease that has very poor outcomes. Despite advances in surgical management, the two most severe forms of heterotaxy, right and left atrial isomerism, have a 29% and 64% 5-year survival rate, respectively. Through copy number variant analysis of heterotaxy patients, GALNT11 was recently identified as a novel gene important in human LR development. However, the mechanism by which Galnt11 causes heterotaxy has not been elucidated. In order to discover the mechanism of GALNT11 in patterning the LR axis, I performed loss of function and gain of …