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2012

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A Wave Frozen In Bone And Flesh, Tiffany L. Bullen Jan 2012

A Wave Frozen In Bone And Flesh, Tiffany L. Bullen

Dissertations and Theses @ UNI

"A Wave Frozen in Bone and Flesh" is a collection of 43 poems.


Love And War, Christina D. Ponsa-Kraus Jan 2012

Love And War, Christina D. Ponsa-Kraus

Faculty Scholarship

Legal historians: Find a window to read Rose Cuison Villazor’s “The Other Loving,” published in the NYU Law Review last fall. Although Villazor, Associate Professor of Law at Hofstra, does not identify primarily as a legal historian, she has written more than one historical work well worth a read. An earlier article examined alien land laws in the United States, telling the story of Oyama v. California (1948), which held unconstitutional a provision of California’s Alien Land Law that discriminated against owners of property bought by parents who were ineligible to become U.S. citizens. This more recent article, in …


Science Heads List Of Candidate Debate Queries, Michael B. Gerrard Jan 2012

Science Heads List Of Candidate Debate Queries, Michael B. Gerrard

Faculty Scholarship

Policy on the environment, energy, and natural resources has seldom figured prominently in a presidential election, all the less so as time elapses since the first Earth Day. To judge by the more than twenty debates thus far in the current presidential campaign, it isn’t likely to be on top of the agenda this year. Although regulation itself has been featured in the campaign – recall the criticism of the new lightbulb efficiency standards and of the Solyndra bankruptcy, not to mention rejection of climate change science – broader topics in environmental policy have largely taken a back seat to …


General Equilibrium Effects Of Prison On Crime: Evidence From International Comparisons, Justin Mccrary, Sarath Sanga Jan 2012

General Equilibrium Effects Of Prison On Crime: Evidence From International Comparisons, Justin Mccrary, Sarath Sanga

Faculty Scholarship

We compare crime and incarceration rates over time for the United States, Canada, and England and Wales, as well as for a small selection of comparison countries. Shifts in U.S. punishment policy led to a five-fold increase in the incarceration rate, while nearly every other country experienced only minor increases in incarceration. The large shifts in U.S. punishment policy do not seem to have caused commensurately large improvements in public safety.


Life Begins With Faith: Poems And Meditations, George William Wiseman Jan 2012

Life Begins With Faith: Poems And Meditations, George William Wiseman

Books

No abstract provided.


Wonderful Words Of Life: Meditations Based On Traditional Hymns And Gospel Songs, George William Wiseman Jan 2012

Wonderful Words Of Life: Meditations Based On Traditional Hymns And Gospel Songs, George William Wiseman

Books

No abstract provided.


Life Begins With Jesus, George William Wiseman Jan 2012

Life Begins With Jesus, George William Wiseman

Books

No abstract provided.


Drinking Water And Exclusion: A Case Study From California’S Central Valley, Camille Pannu Jan 2012

Drinking Water And Exclusion: A Case Study From California’S Central Valley, Camille Pannu

Faculty Scholarship

The American West is notorious for its water wars, and California’s complex water allocation and governance challenges serve as a bellwether for contemporary water governance across western states. Policy makers and environmental advocates typically represent California’s water woes as a regulatory problem — a failure to balance the needs of growing urban populations with ecological preservation and agricultural irrigation. These debates, however, often elide the issue of water deprivation, and they do not adequately address the concerns of an important constituency: low-income, rural communities.

This Comment argues that a focus on regulation misses a fundamental feature of water inequality: the …


Obama Reelection Clears Path For Numerous New Epa Regulations, Michael B. Gerrard Jan 2012

Obama Reelection Clears Path For Numerous New Epa Regulations, Michael B. Gerrard

Faculty Scholarship

The reelection of President Barack Obama means that a long list of new regulations will be issued by the Environmental Protection Agency (EPA) in the coming months. Some had been held up because of their political sensitivity, and others were still in process, but many will soon be ready for further action.

The election results also mean that major new environmental legislation is very unlikely for the next two years. The House of Representatives is still firmly controlled by the Republicans, and their leadership has not signaled any major change from the last Congress’ stance of opposition to many EPA …


State Public Utility Commissions' Powers To Advance Energy Efficiency, Michael B. Gerrard Jan 2012

State Public Utility Commissions' Powers To Advance Energy Efficiency, Michael B. Gerrard

Faculty Scholarship

Improving energy efficiency is widely acknowledged as the most economical way to reduce greenhouse gas emissions and the other adverse environmental impacts of fossil fuel use. Indeed, efficiency measures often yield net cost savings over a fairly short period of time.

The United States lacks a comprehensive regulatory program for energy efficiency. The Environmental Protection Agency and the Department of Transportation set fuel economy standards for motor vehicles (and on Aug. 28, 2012, finalized a major tightening of those standards). The Department of Energy sets many appliance standards and administers certain grant and research programs. The Federal Energy Regulatory Commission …


Hurricane Katrina Decision Highlights Liability For Decaying Infrastructure, Michael B. Gerrard Jan 2012

Hurricane Katrina Decision Highlights Liability For Decaying Infrastructure, Michael B. Gerrard

Faculty Scholarship

A March 2, 2012, decision from the U.S. Court of Appeals for the Fifth Circuit, little noticed outside of New Orleans, has broad implications for the liability of federal agencies for injuries caused by the decay or obsolescence of infrastructure due to erosion, sea level rise, and other ongoing conditions, whether of natural or human origin. Less directly, the decision also affects the liability of state and municipal governments, and even private entities in charge of built structures.

This article describes the underlying facts, the decision, and its implications. It also considers how governments and private parties can, to a …


Mexico's General Climate Change Law, Michael B. Gerrard, Anne Siders Jan 2012

Mexico's General Climate Change Law, Michael B. Gerrard, Anne Siders

Faculty Scholarship

Mexico’s General Climate Change Law (CCL) creates a coherent and ambitious national framework within which Mexico may fulfill its Copenhagen Pledge and establish itself as an international leader in climate change mitigation, but achieving these ends will require significant and on-going support from the Mexican government.


The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh Jan 2012

The Uncertain Future Of "Hot News" Misappropriation After Barclays Capital V. Theflyonthewall.Com, Shyamkrishna Balganesh

Faculty Scholarship

In this Essay, I attempt to disaggregate the Second Circuit’s decision in Barclays Capital to show that while the court may have reached the right conclusion in the end (a position I have argued for previously), its reasoning to reach that conclusion is rather confusing, while at the same time a rich source of information about the future of hot news doctrine. At every stage of its analysis, the Second Circuit went to significant lengths to cabin the reach of the doctrine quite considerably, despite reiterating that it was not abrogating it altogether. In analyzing the opinion, I thus consider …


Arbitrability Trouble, George A. Bermann Jan 2012

Arbitrability Trouble, George A. Bermann

Faculty Scholarship

The general notion of arbitrability is practically as old as arbitration itself, and yet it remains profoundly misunderstood, at least in U.S. arbitration law. For many – particularly outside the United States – arbitrability has a single and very precise meaning, signifying the legal capacity of a claim or dispute to be the subject of arbitration rather than litigation or, to borrow the language of the UNCITRAL Model Law and the New York Convention, signifying that a claim or dispute is “legally capable of being arbitrated.” By this understanding, a claim or dispute is “non-arbitrable” within a given legal system …


Integrating Humanities Into Family Law And The Problem With Truths Universally Acknowledged, Carol Sanger Jan 2012

Integrating Humanities Into Family Law And The Problem With Truths Universally Acknowledged, Carol Sanger

Faculty Scholarship

Family Law differs from the other subjects under discussion today in at least two respects. As a matter of curricular location, it is not always considered a core course. I am therefore grateful for Melissa Murray’s public recognition of the “coreness” of Family Law within a legal education. Second, if one purpose of integrating humanities into the core curriculum is to humanize the law, it is probably safe to say that Family Law is already humanized enough. The subject comes fully loaded with all too human conflict and suffering: cruelty, anger, sex, disappointed expectations, and all of these play out …


The Law On What Documents Scientists Must Keep And Disclose, Michael B. Gerrard, Elizabeth Sheargold Jan 2012

The Law On What Documents Scientists Must Keep And Disclose, Michael B. Gerrard, Elizabeth Sheargold

Faculty Scholarship

Recently, several climate scientists have received demands to produce their raw data, working notes, e-mails, letters, or other communications. These demands may come in the form of subpoenas, U.S. Freedom of Information Act (FOIA) requests, or requests during litigation. Below are some general guidelines for scientists about complying with their document retention and disclosure obligations, both as a matter of routine practice and in the event of legal action. This article concerns only U.S. laws and is not legal advice, which should be sought from the scientist's lawyers or those of his or her employer.


On The Theoretical Foundations For Regulating Financial Markets, Katharina Pistor Jan 2012

On The Theoretical Foundations For Regulating Financial Markets, Katharina Pistor

Faculty Scholarship

How we think about financial markets determines how we regulate them. Since the 1970s modern finance theory has shaped how we think about and regulate financial markets. It is based on the notion that markets are or can be made (more) efficient. Financial markets have been deregulated when they were thought to achieve efficient outcomes on their own; and regulation was designed to lend crutches to them when it appeared that they needed support. While modern finance theory has suffered some setbacks in the aftermath of the global crisis, defenders hold that improving market efficiency should still be the overriding …


Governing Interdependent Financial Systems: Lessons From The Vienna Initiative, Katharina Pistor Jan 2012

Governing Interdependent Financial Systems: Lessons From The Vienna Initiative, Katharina Pistor

Faculty Scholarship

Financial markets have become globally interdependent, yet their governance has remained national at the core. This friction encumbers crisis management and distorts incentives for crisis prevention. The Vienna Initiative, formed to manage the fallout from the global crisis in the countries of Central and Eastern Europe (CEE), offers an alternative coordinated, multi-stakeholder governance framework. A critical prerequisite for such a regime is a coordinating agent, or ‘anchor tenant’, that is deeply vested in the stability of transnational financial systems, but does not directly compete with market actors or regulators. Lessons for more effective governance of financial interdependence are discussed.


The Effective Tax Rate Of The Largest Us And Eu Multinationals, Reuven S. Avi-Yonah, Yaron Lahav Jan 2012

The Effective Tax Rate Of The Largest Us And Eu Multinationals, Reuven S. Avi-Yonah, Yaron Lahav

Articles

The United States has the second highest statutory corporate tax rate in the Organization for Economic Co-Operation and Development (OECD) (after Japan).1 This has not always been the case. After the Tax Reform Act of 1986 lowered the U.S. rate from 46% to 34%,2 the United States had one of the lowest statutory corporate tax rates in the OECD.3 In the past twenty-five years, however, the U.S. rate has remained essentially unchanged (it was raised to 35% in 1993),4 while most other OECD countries reduced their statutory rate so that the OECD average statutory corporate tax rate is 25.1%.


Networks, Dialogue Or One-Way Traffic? An Empirical Analysis Of Cross-Citations Between Ten European Supreme Courts, Martin Gelter, Mathias Siems Jan 2012

Networks, Dialogue Or One-Way Traffic? An Empirical Analysis Of Cross-Citations Between Ten European Supreme Courts, Martin Gelter, Mathias Siems

Faculty Scholarship

No abstract provided.


Repeated Polyploidization Of Gossypium Genomes And The Evolution Of Spinnable Cotton Fibres, Andrew H. Paterson, Alison W. Roberts, Et Al Jan 2012

Repeated Polyploidization Of Gossypium Genomes And The Evolution Of Spinnable Cotton Fibres, Andrew H. Paterson, Alison W. Roberts, Et Al

Biological Sciences Faculty Publications

Polyploidy often confers emergent properties, such as the higher fibre productivity and quality of tetraploid cottons than diploid cottons bred for the same environments1. Here we show that an abrupt five- to sixfold ploidy increase approximately 60 million years (Myr) ago, and allopolyploidy reuniting divergent Gossypium genomes approximately 1–2 Myr ago2, conferred about 30–36-fold duplication of ancestral angiosperm (flowering plant) genes in elite cottons (Gossypium hirsutum and Gossypium barbadense), genetic complexity equalled only by Brassica3 among sequenced angiosperms. Nascent fibre evolution, before allopolyploidy, is elucidated by comparison of spinnable-fibred Gossypium herbaceum A and …


Residential Grief Camps: An Initial Phenomenological Study Of Staff Perspectives, Tiffany B. Brown, Thomas G. Kimball Jan 2012

Residential Grief Camps: An Initial Phenomenological Study Of Staff Perspectives, Tiffany B. Brown, Thomas G. Kimball

The Qualitative Report

Research has focused primarily on the impact of death on family functioning and the stages and tasks of grief, though little attention has been given to grief camps or the experiences of those who work there. This study explored the experiences of staff at a four-day overnight children’s grief camp. Eight participants reported their experience of camp in two major categories: connection to others and independence in grief and five themes. Camp provides the opportunity for campers to connect to others while finding their own path to healing. Clinical implications and future research directions are also discussed.


Building Interdisciplinary Qualitative Research Networks: Reflections On Qualitative Research Group (Qrg) At The University Of Manitoba, Kerstin Stieber Roger, Gayle Halas Jan 2012

Building Interdisciplinary Qualitative Research Networks: Reflections On Qualitative Research Group (Qrg) At The University Of Manitoba, Kerstin Stieber Roger, Gayle Halas

The Qualitative Report

As qualitative research methodologies continue to evolve and develop, both students and experienced researchers are showing greater interest in learning about and developing new approaches. To meet this need, faculty at the University of Manitoba created the Qualitative Research Group (QRG), a community of practice that utilizes experiential learning in the context of social relationships to nurture social interaction, create opportunities to share knowledge, support knowledge creation, and build collaborations among all disciplines. While many other qualitative research networks such as the QRG may exist, little has been published on their early development or the activities that contribute to the …


A Case Study Of The Identity Development Of An Adolescent Male With Emotional Disturbance And 48, Xyyy Karyotype In An Institutional Setting, John L. Rausch Jan 2012

A Case Study Of The Identity Development Of An Adolescent Male With Emotional Disturbance And 48, Xyyy Karyotype In An Institutional Setting, John L. Rausch

The Qualitative Report

The goal of this study was to utilize a phenomenological case study design to investigate the individual and social identity development of an adolescent male who had been placed in a high-security group home setting. The participant had been identified with emotional disturbance (ED), and 48, XYYY karyotype. The participant described his social and emotional development as being impacted by his environment, his level of personal control, and his view of the future.


Conducting Qualitative Data Analysis: Reading Line-By-Line, But Analyzing By Meaningful Qualitative Units, Ronald J. Chenail Jan 2012

Conducting Qualitative Data Analysis: Reading Line-By-Line, But Analyzing By Meaningful Qualitative Units, Ronald J. Chenail

The Qualitative Report

In the first of a series of “how-to” essays on conducting qualitative data analysis, Ron Chenail points out the challenges of determining units to analyze qualitatively when dealing with text. He acknowledges that although we may read a document word-by-word or line-by-line, we need to adjust our focus when processing the text for purposes of conducting qualitative data analysis so we concentrate on meaningful, undivided entities or wholes as our units of analysis.


Conducting Qualitative Data Analysis: Qualitative Data Analysis As A Metaphoric Process, Ronald J. Chenail Jan 2012

Conducting Qualitative Data Analysis: Qualitative Data Analysis As A Metaphoric Process, Ronald J. Chenail

The Qualitative Report

In the second of a series of “how-to” essays on conducting qualitative data analysis, Ron Chenail argues the process can best be understood as a metaphoric process. From this orientation he suggests researchers follow Kenneth Burke’s notion of metaphor and see qualitative data analysis as the analyst systematically considering the “this-ness” of the data from the “that-ness” of the qualitative abstraction drawn about the data. To make this metaphoric pronouncement a convincing case to judges as to the veracity of the juxtaposition of the code to that which is coded, the analyst must employ a recursive process by showing the …


Case Of An Acute Dual Plaque Rupture, Adrian C. Bell Do, Amit N. Nanavati Md, Sarang S. Mangalmurti Md Jan 2012

Case Of An Acute Dual Plaque Rupture, Adrian C. Bell Do, Amit N. Nanavati Md, Sarang S. Mangalmurti Md

Department of Medicine

No abstract provided.


Infrapopliteal Stenosis Requiring Proximal And Distal Approach, Amit N. Nanavati Md, Adrian C. Bell Do, Sarang S. Mangalmurti Md Jan 2012

Infrapopliteal Stenosis Requiring Proximal And Distal Approach, Amit N. Nanavati Md, Adrian C. Bell Do, Sarang S. Mangalmurti Md

Department of Medicine

No abstract provided.


Utility Of Fdg Pet-Ct Scan In Determining Pathological Response To Neo-Adjuvant Chemo-Radiation Therapy In Non-Small Cell Lung Cancer (Nsclc), Eliot L. Friedman Md, Michael F. Szwerc Md, Robert Kruklitis Md, Michael J. Weiss Mph, Robert Rienzo Md, Wen Young Md Jan 2012

Utility Of Fdg Pet-Ct Scan In Determining Pathological Response To Neo-Adjuvant Chemo-Radiation Therapy In Non-Small Cell Lung Cancer (Nsclc), Eliot L. Friedman Md, Michael F. Szwerc Md, Robert Kruklitis Md, Michael J. Weiss Mph, Robert Rienzo Md, Wen Young Md

Department of Medicine

No abstract provided.


Rapid Door To Balloon Time In The Treatment Of Acute St- Elevation Myocardial Infarction Meaningfully Reduces Overall Hospital Stay, Amit N. Nanavati Md, Nainesh Patel Md, Bruce Feldman Do, J Patrick Kleaveland Md, Orlando E. Rivera Rn, David A. Cox Md Jan 2012

Rapid Door To Balloon Time In The Treatment Of Acute St- Elevation Myocardial Infarction Meaningfully Reduces Overall Hospital Stay, Amit N. Nanavati Md, Nainesh Patel Md, Bruce Feldman Do, J Patrick Kleaveland Md, Orlando E. Rivera Rn, David A. Cox Md

Department of Medicine

No abstract provided.