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The Problem About The Nature Of Law Vis-À-Vis Legal Rationality Revisited: Towards An Integrative Jurisprudence, Imer Flores

Georgetown Law Faculty Publications and Other Works

In this paper the author argues, following Frederick Schauer, that attempting to move theoretically from-the-necessary-to-the-important may hinder our understanding of law. He further argues that attempting to move from-the-important-to-the-necessary may well be a more promising route for advancing our understanding of law as an interpretive practice which is not merely important or valuable but morally important or valuable and even necessary, as Ronald Dworkin has advocated. The authors argument also draws on the insights of Oliver Wendell Holmes Jr., who by discussing the important, but apparently neither necessary nor sufficient aspects of legal practice, integrated both logic and experience into …

The Limits Of Government Regulation Of Science, John D. Kraemer, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The recent controversy over the National Science Advisory Board for Biosecurity’s (NSABB) request that Science and Nature redact key parts of two papers on transmissible avian (H5N1) influenza reveal a troubled relationship between science and security. While NSABB’s request does not violate the First Amendment, efforts to censor the scientific press by force of law would usually be an unconstitutional prior restraint of the press absent a compelling state interest. The constitutional validity of conditions on grant funding to require pre-publication review of unclassified research is unclear but also arguably unconstitutional.

The clearest case where government may restrict publication is …

Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler

Faculty Publications

Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This Essay presents an alternative view. Specifically, this Essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case for greater reliance on property rights and market institutions to address …

In Re Facebook Inc. Ppc Advertising Litigation, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Ouellette V. Viacom, United States District Court For The District Of Montana

Historical and Topical Legal Documents

No abstract provided.

Associations Between Sociodemographic Characteristics And Perceptions Of The Built Environment With The Frequency, Type, And Duration Of Physical Activity Among Trail Users, Andréa L. Maslow, Julian A. Reed, Anna E. Greer, Steven P. Hooker

All PTHMS Faculty Publications

Introduction

Rail trails are elements of the built environment that support the Task Force on Community Preventive Services' recommendation to create, or enhance access to, places for physical activity (PA). The purpose of this study was to examine the associations between sociodemographic characteristics and perceptions of the built environment with the frequency, type, and duration of PA among users of an urban, paved rail trail segment.

Methods

Interviewers conducted intercept surveys with 431 rail trail users and analyzed data by using logistic regression to estimate odds ratios between sociodemographic characteristics and perceptions of the built environment on the frequency, type, …

Assessment Of Prediction Bias In Crown Biomass Equations For Important Conifer Species Of The Inland Northwest, Brian Robert Turnquist

Graduate Student Theses, Dissertations, & Professional Papers

Several crown biomass equations have been developed for local, regional, and national scale biomass estimation across the United States. The prediction equations most commonly used were developed by Brown (1978) and Jenkins et al. (2003). Because of the widespread application of these equations for managerial and scientific use in the inland northwest, USA, crown mass data for several important conifer species were collected and used to examine the direction and magnitude of bias associated with predictions made from the diameter-based equations of Brown (1978) and Jenkins et al. (2003). A total of 140 trees of 4 different conifer species were …

An Analysis Of Demographic And Socio-Economic Change In The Clark Fork Watershed Between 2000 And 2010, Benjamin C. Brewer

Graduate Student Theses, Dissertations, & Professional Papers

Over the past several decades, noticeable socio-economic changes have occurred in the Rocky Mountain region of the United States, most notably with regard to rapid population growth and concurrent land development. Scholars find this to be characteristic of a transition from the Old West of resource production and extraction to a New West of landscape consumption. This thesis uses indicators of socio-economic changes associated with the New West such as rapid population growth caused by amenity migration to examine changes in the Clark Fork watershed between 2000 and 2010. Using census and economic data, several categories of demographic, economic, and …

An Effectiveness Evaluation Of Motivational Interviewing As An Addition To An Internet-Based Health Promotion Program For Vocational Rehabilitation Consumers, Casey Nicole Ruggiero

Graduate Student Theses, Dissertations, & Professional Papers

People with disabilities (PWD) frequently experience preventable and/or manageable secondary health conditions such as weight problems, depression, and chronic pain (Jones & Bell, 2003; Seekins, Clay, & Ravesloot, 1994). Importantly, high rates of secondary conditions are correlated with low employment rates in Vocational Rehabilitation (VR) consumers (Ipsen, Seekins, & Ravesloot, 2010; Ipsen, Seekins, & Arnold, 2011). Thus, one pathway to improving employment outcomes in rehabilitation programs may involve enhancing health through the reduction of limiting secondary conditions (Ipsen, 2006; Ipsen et al., 2010). This pilot study tested whether the addition of telephone-based Motivational Interviewing (HPE+MI) to Health Plans for Employment …

Another Day, Another Donut: Political Economy, Agency, And Food In A Montanan Homeless Shelter, Jacqueline Devereaux Semmens

Graduate Student Theses, Dissertations, & Professional Papers

Despite widespread undernutrition among the homeless, there has been little anthropological research on the experience of food insecurity in this population. Between 20 and 40 percent of the homeless population is undernourished and one third regularly miss meals (Gelberg 1995). This thesis addresses the significant problem of food insecurity in the homeless from a political economic perspective, analyzing how larger social structures influence the individual person. Fifteen residents at a shelter in Missoula, MT were interviewed about their dietary practices and experience of social service programs. The macro-social level influences the diet of the individual in two important ways: first, …

Bison Conservation In The Northern Great Plains, Michel Thomas Kohl

Graduate Student Theses, Dissertations, & Professional Papers

Temperate grasslands are the least protected ecosystem in the world. In North America, only < 4% of tallgrass prairie, 64% of mixed-grass prairie, and 66% of shortgrass prairie are intact. Historically, grazing played an important role in maintaining prairie landscapes through nutrient cycling and the diversification of vegetation structure and composition. Within grasslands, the plains bison (Bos bison) was the most numerous and influential grazer. However, by 1900 bison were reduced to ¡Ü 1,000 animals throughout North America. Today, bison are scattered throughout their historical range, numbering > 500,000 individuals. Recent questions have surfaced regarding the success of this effort, however, because < 21,000 plains bison are managed as conservation herds (n = 62) and 8% of those herds are managed on areas of > 2,000 km2. In addition, >100,000,000 cattle now graze rangelands in the U.S. and Canada leading to questions regarding the ecological significance of replacing bison with livestock. Our objectives were to increase knowledge regarding the ecological similarities between bison and cattle, and to determine how both species can be managed to mimic ecological patterns that approximate historical bison populations. We used behavioral observations, movement analyses, and Resource Selection Function (RSF) analyses too quantify …

Capitalism, Contraception And Chemicals: A Medical Anthropological Analysis Of The Premature Sexual Development Epidemic In Puerto Rican Females, Holly Lynn Horan

Graduate Student Theses, Dissertations, & Professional Papers

An Investigation of Etiologies: The Biosocial Exploration of Premature Sexual Development in Puerto Rico Objective: The purpose of this study was to argue for an anthropological approach in the investigation of the world’s highest recorded prevalence of precocious puberty and premature thelarche that occurred in Puerto Rico in the late 1970s. After 30 years of biomedical research, definite etiologies of this epidemic remain unknown; prompting for a more dynamic, biosocial approach in studying this pediatric health phenomenon. Methods: This research began with a literature review of mixed-methods data. Literature sources were segmented by qualitative and quantitative methods. Each source was …

Characterization Of A Cardboard Recycling Facility's Plastic Waste For Beneficial Use, Tova Sardot

Graduate Student Theses, Dissertations, & Professional Papers

An issue with old cardboard container (OCC) recycling is the generation of a plastic waste that currently either gets land-filled or burned. A Wandel screen, a common process unit, generates 35% of overall rejects that contain 75% of the facility's total plastic output. Plastic-rich Wandel wastes have not been well characterized. This study evaluated the plastic waste stream for engineering new, second-life products. Wandel wastes were composed typically of hot melt adhesives (37%), polypropylene (32%), polyethylene (17%), and polystyrene (9%). Proportions varied 10% or less in each polymer category. The plastic waste was compounded, milled and injection molded into test …

College Dating Couples' Use Of Conflict Management During A Prisoner's Dilemma Task: An Exploratory Study, Kristen E. Waldemayer

Graduate Student Theses, Dissertations, & Professional Papers

Dating violence that occurs in young college-aged couples is unique when compared to other types of violence. Aggression occurring in these couples is often bidirectional, highly impacted by situational stressors, and perpetrated by both males and females at relatively equal rates. Most importantly, dating aggression occurs within a developmental context when individuals are attempting to balance autonomy and intimacy within their relationships. However, little is known about conflict management within dating couples or if conflict management processes differ substantially for aggressive and non-aggressive dating couples. Although there has been extensive research in marital processes in conflict, only recently have researchers …

Coming To The Surface: The Environment, Health, And Culture In Butte, Montana, Stacie Lynn Barry

Graduate Student Theses, Dissertations, & Professional Papers

Butte is a small town in southwest Montana that was profoundly shaped by over a century of mining and smelting activities. Today, Butte is a post-industrial city that is the focal point of America's largest Superfund site as well as the nation's largest National Historic District. There are two types of remediation occurring in Butte: environmental and cultural. Environmental remediation occurs throughout the city, most notably at the operable units of the Butte Superfund sites. This remediation does not restore the environment to its original state but instead reclaims it to a level of risk deemed acceptable by the EPA. …

Composition, Distribution, And Conservation Of The Herpetofauna Of Santa Barbara Mountain, Honduras, Alicia Marie Ward

Graduate Student Theses, Dissertations, & Professional Papers

Santa Barbara Mountain is an important and unique ecosystem in Honduras because of its topography and high proportion of endemic species. Despite its prospects for valuable discoveries and the profusion of threats to its biodiversity, there is almost no scientific information about Santa Barbara Mountain. This study is the first systematic investigation of hepetofauna species on the mountain. Research objectives included inventorying of the reptile and amphibian species present on Santa Barbara Mountain, identifying locations and microhabitat types where each species can be found, and determining if the amphibian disease chytridiomycosis is present and in which locations. A community education …

Consequences Of Aryl Hydrocarbon Receptor Activation In Steady-State And Inflammatory Dendritic Cells, Thomas Simones

Graduate Student Theses, Dissertations, & Professional Papers

The aryl hydrocarbon receptor (AhR) is a steroid-like transcription factor that mediates the toxicity of various environmental pollutants, including 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) and TCDD-like compounds. Exposure to environmentally relevant levels of TCDD and TCDD congeners has been shown to cause immune suppression, yet the mechanisms underlying TCDD-induced immune suppression remain poorly understood. Dendritic cells (DCs) are professional antigen presenting cells (APCs) that play an integral role in both innate and adaptive immune responses. DCs constitutively express AhR and represent a highly sensitive immune cell population to AhR activation by environmental pollutants. In a murine inflammatory bone marrow-derived DC (BMDC) model, AhR …

Developing Guiding Options For Educational Curriculum For Public Administrators In Tajikistan, Oleg Salimov

Graduate Student Theses, Dissertations, & Professional Papers

Since freeing itself from the autocratic control of the former Communist regime, the republic of Tajikistan has confronted numerous problems of underdevelopment which threaten to sink the republic in a new wave of authoritarianism and misery. Implementing democratic reforms aimed at modernizing a developing country requires a cadre of competent and professionally trained public administrators who understand and are committed to basic democratic values and sound administrative principles. Unfortunately, such a cadre does not now exist in Tajikistan and no educational program has yet been introduced to develop such a cadre. The answer does not lie in attempting to transfer …

Exploring Visitor Experiences Along The Going-To-The-Sun Corridor Of Glacier National Park, Elena Nikolaeva

Graduate Student Theses, Dissertations, & Professional Papers

Visitor use on the Going-to-the-Sun Road (GTSR) corridor is one of the most critical issues that Glacier National Park faces. According to the park’s General Management Plan, it should be addressed to safeguard the quality of park resources and the visitor experiences. 80% of park visitors travel along at least some part of the road, which is the primary park experience and one of the most spectacular highlights of the park. The road was built in early 1930, and now brings almost 2 million visitors annually into the heart of Glacier NP. Increased number of cars on this narrow historic …

Fire-On-Fire Interactions In Three Large Wilderness Areas, Casey Teske

Graduate Student Theses, Dissertations, & Professional Papers

Current knowledge about wildfire occurrence is not complete. Fire researchers and managers hold the assumption that previous wildfires affect subsequent wildfires; however, research regarding the interactions of large wildfires at their common boundaries is missing from the literature. This research focuses on understanding the influence of previous large wildfires on subsequent large wildfires in three wilderness areas: The Greater Bob Marshall, the Selway-Bitterroot, and the Frank Church. Data from the Monitoring Trends in Burn Severity (MTBS) project, which mapped large wildfires in the western United States occurring since 1984, are used for the research. The combination of using wilderness areas …

Forgotten Sepulchers: The Uninscribed Tombs In The Valley Of The Kings In Luxor, Egypt, Roselyn Campbell

Graduate Student Theses, Dissertations, & Professional Papers

The elaborately decorated tombs in the Valley of the Kings in Luxor, Egypt, have captured the imagination of scholars and tourists alike for thousands of years. Yet despite the attention lavished on these tombs, they are outnumbered in the Valley of the Kings uninscribed tombs that have been largely ignored. Excavations in several of the uninscribed tombs have demonstrated that although their walls may be bare, the tombs are certainly not empty, and a variety of finds ranging from scattered funerary objects and human remains to several nearly intact burials of high officials have been uncovered. This thesis will assemble …

Geoarchaeological Assessment Of Horseshoe Cave (24rb1094, Rosebud County, Montana, Norman Bernard Smyers

Graduate Student Theses, Dissertations, & Professional Papers

Horseshoe Cave is located south of Ashland, Montana and at the northern end of the Powder River Basin. Its earliest documented human use and occupation dates to 2,000 years before the present. Evidence of that past use and occupation includes diagnostic bone and stone tools, hearth features and animal remains. The geoarchaeological investigation of this sandstone cave site reveals the cave host rocks to be sandstones of the Tongue River Member of the Early Tertiary Fort Union Formation. Results of the geoarchaeological inquiry demonstrate that a difference in the calcite cementation between the two host sandstone units is the leading …

Heat Acclimatization During Seasonal Wildfire Suppression, Brianna Lui

Graduate Student Theses, Dissertations, & Professional Papers

Purpose: The purpose of this study was to determine heat acclimatization across a 4-month fire season in the western United States. Methods: Wildland firefighters (WLFF) (n =12) and non-WLFFs (n =14) completed a 60-min heat stress trial (treadmill walking at 50% peak VO2) in a climate controlled chamber (43.3°C, 33% RH) prior to and following the fire season (May through September). Peak VO2, body composition, core (Tc) and skin (Tsk) temperatures, heart rate (HR), physiological strain index (PSI), plasma volume change, sweat rate and perceived exertion (RPE) were measured during the heat stress trials. Results: Average peak VO2 was similar …

How Ch-Paa-Qn Got It's Name: A Sixth-Grade Geography Curriculum Unit For Indian Education For All In Montana, Mary Elizabeth Nellis

Graduate Student Theses, Dissertations, & Professional Papers

Nellis, Mary, M.A., Summer 2013 Geography How Ch-Paa-Qn Got Its Name: A Sixth-Grade Geography Curriculum Unit for Indian Education for All in Montana Chair: Sarah J. Halvorson This thesis reports on the design and implementation of a sixth-grade geography curriculum based on Montana House Bill 412 (HB412), a bill whereby the legislature mandated the removal of the word “squaw” from public places in Montana. The framework for this unit is founded on place-based education principles and is tailored to fit within the concepts of Indian Education for All as mandated in the Montana State Constitution. Furthermore, as a place-based unit …

Impacts Of Mountain Pine Beetle Outbreak On Biogeochemical Cycling In A High Elevation Whitebark Pine Ecosystem, Megan Keville

Graduate Student Theses, Dissertations, & Professional Papers

Ecological disturbances can significantly impact biogeochemical cycles in terrestrial ecosystems, but the effects of the current widespread mountain pine beetle outbreak on ecosystem processes like carbon (C) and nitrogen (N) cycling are poorly understood. This is especially true in high elevation whitebark pine (WbP) (Pinus albicaulis) ecosystems of western North America. WbP has been described as a keystone species, providing a critical food source and regulating hydrologic regimes. However, widespread WbP mortality caused by the mountain pine beetle drives structural and physiological changes in WbP forests, which could result in shifts in pools and fluxes of C and N within …

Improving Patient-Provider Communication In The Health Care Context, Charlotte M. Glidden

Graduate Student Theses, Dissertations, & Professional Papers

The following study focuses on ways in which health care providers seem to competently breaking bad news to patients that are college age (18-25yrs old). Breaking bad news is an inevitable and daunting part of working in the health care profession. Delivering this type of news to college age students could occur more frequently than with other cohorts. Buckman (1992) presents methodology for teaching breaking bad news to health care providers in the form of the SPIKES model, which are similar to the identified “essential elements” of communication in medical encounters described by communication scholars (Makoul, 2001). Several interviews were …

La Fotografía De Un País En Tres Obras De Laura Restrepo, Nancy Pinzón

Graduate Student Theses, Dissertations, & Professional Papers

La violencia en Colombia es un problema que lleva más de sesenta años. Siempre se ha hablado de la “Época de la violencia” como los años de la guerra entre conservadores y liberales que se inició con el asesinato del líder liberal Jorge Eliecer Gaitán en abril de 1948. Sin embargo, esa época no tuvo un final, ella fue simplemente la introducción a una forma de vida a la cual los colombianos se han acostumbrado, la violencia. Esta violencia sin tregua ha sido tema importante en la narrativa contemporánea. Desde los años noventas hemos visto la incursión en ese campo …

Market Power And Regulatory Failure In The Montana Wholesale Electricity Market, Ross Patrick Keogh

Graduate Student Theses, Dissertations, & Professional Papers

This work investigates market power and regulatory failures in the Montana wholesale electrical market after the implementation of deregulation in 1997. It provides a review of the development of the Montana wholesale electrical market, federal and state market power regulation, economic theory, and approaches for regulating market power in electrical markets. The work primarily focuses on the conduct of PPL Corporation, which acquired the generation assets of the Montana Power Company, and its capacity to set prices in Montana. It identifies that the current regulatory scheme, which is managed by the Federal Energy Regulatory Commission, is inadequate at deterring and …

Mathematical Modeling And Disease Related Applications: A New Method Of Estimating Bacterial Mutation Rates, Dynamics Of Killer Yeast In A Chemostat, And Other Problems, Nicholas Fitzgerald Mcclure

Graduate Student Theses, Dissertations, & Professional Papers

Among the main mechanisms of evolution we find adaptation, genetic drift, gene flow, mutation, natural selection and speciation. The following thesis explores bacterial mutation rate, mutants, mutators, and how competition acts as a driving force of adaptation.

In chapter 1, the system used in reference for mutation is the devolopment of Pseudomonas aeruginosa antibacterial resistance in the Cystic Fibrosis patients. Current methods for determining mutation rate are quite involved mathematically or complicated experimentally. A new method for estimating mutation rate is discussed and compared with two other widely used methods.

In chapter 2, a microarray data set of different strains …

Diagnosis Threat In A Mild Traumatic Brain Injury Population, Haley Gail Trontel

Graduate Student Theses, Dissertations, & Professional Papers

The present study examined the effect of diagnosis threat on neuropsychological test performance. Forty-nine participants with a history of mTBI were randomly assigned to either a Diagnosis Threat group or a Control group. The Diagnosis Threat group was told that they were selected to participate based on their history of head injury and that they might expect to perform more poorly on testing. Participants in the Control group were told to perform to the best of their ability. It was hypothesized that individuals who had a history of mild Traumatic Brain Injury (mTBI) made salient prior to testing (Diagnosis Threat …