Digital Commons Network^™

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl

Faculty Publications

When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.

This Article proposes …

Matched; Crossed; Reached. The Matched Trilogy, William Morris, Ally Condie

BYU Studies

Ally Condie, a Latter-day Saint and graduate of Brigham Young University, is best known as the author of the Matched trilogy. These three books contain all the ingredients for a successful YA (young adult fiction) series: a plucky heroine, a love triangle, a dystopian setting. And a success it is: each volume has spent numerous weeks on various best-seller lists, Disney has optioned the film rights to the trilogy, and numerous fan sites and social media groups are active online. If it were just those ingredients alone, the trilogy would not be worth noting amid the outpouring of YA novels …

Relationships Among Walleye Mercury, Selenium, Stable Isotopes, Size And Age, Mark J. Fincel, Robert P. Hanten, Shannon Minerich

The Prairie Naturalist

Bioaccumulation of mercury is well-documented in aquatic ecosystems and occurs as mercury is accumulated and passed up food chains (Kidd et al. 1995, Atwell et al. 1998, Downs et al. 1998). Trophic level correlations have been widely reported for mercury (Snodgrass et al. 2000) and other metals (Barron 1995). Generally, within a system, carnivores have the highest mercury loadings, omnivores intermediate and herbivores the lowest (Phillips et al. 1980). However, little research has focused on the differences in mercury bioaccumulation for a single species that ranges across multiple trophic levels (Burger et al. 2001).

Stable isotope analysis has expanded the …

Analysis Of Participation In 21st Century Community Learning Center After-School Program And Student Grade Five Achievement, Willie T. Herbert

Student Work

This study explored the fifth grade achievement in reading, math, and language as measured by the California Achievement Test for students who were selected because of at-risk factors into an after-school achievement and enrichment program. Students in grades one to five attended this 21st Century Learning Center Program from one to five days per week. Means of fifth grade achievement from participants in 2008-2012 were compared to the means of students within the same school setting.

A New Species Of Euscorpius From Tinos Island, Greece (Scorpiones: Euscorpiidae), Victor Fet, Michael E. Soleglad, Aristeidis Parmakelis, Panayiota Kotsakiozi, Iasmi Stathi

Biological Sciences Faculty Research

The scorpion genus Euscorpius has been insufficiently studied on the Aegean Islands of Greece. We describe a new species from the Western Cyclades, E. kritscheri sp. n., from Tinos Island. The species-level status of this form is confirmed by a phylogenetic study based on multiple DNA markers. In addition, a population from nearby Andros Island is characterized as E. cf. kritscheri, which could be potentially a separate species.

Management Of Acute Gi Bleeding In Patients Who Refuse Blood Or Blood Products, Eliza K. Weis

Nursing Masters

Background and Significance: The Gastroenterology consult service evaluates patients who are admitted to the hospital with gastrointestinal (GI) tract bleeding. Prompt endoscopic evaluation is the mainstay for the diagnosis and treatment of clinically significant GI tract bleeding and occurs in concert with the initiation of supportive measures, including replacement of lost blood, correction of coagulopathy, treatment of hemorrhagic shock, and stimulation of erythropoiesis. There have been several case reports of patients who exsanguinated from acute GI tract bleeding due to refusal of blood or blood products on religious grounds. Management of such patients presents many treatment and ethical challenges. The …

Factual Precedents, Allison Orr Larsen

Faculty Publications

Lawyers and judges speak to each other in a language of precedents—decisions from cases that have come before. The most persuasive precedent to cite, of course, is an on-point decision of the U.S. Supreme Court. But Supreme Court opinions are changing. They contain more factual claims about the world than ever before, and those claims are now rich with empirical data. This Supreme Court factfinding is also highly accessible; fast digital research leads directly to factual language in old cases that is perfect for arguments in new ones. An unacknowledged consequence of all this is the rise of what I …

Expanding The Definitions Of ‘Undertaking’ And ‘Economic Activity’: Application Of Competition Rules To The Actions Of State Institutions In Bosnia And Herzegovina, Alexandr Svetlicinii

Yearbook of Antitrust and Regulatory Studies

State-initiated competition restraints remain a recurrent problem for competition law enforcement in transition economies characterized by a history of price controls and extensive State regulation of economic activities. The application of the concepts of ‘undertaking’ and ‘economic activity’ to the actions of State institutions, as developed in EU competition law, allows national competition authorities to enforce competition rules against public bodies. EU candidate countries, as well as States aspiring to a candidate status, have been continuously reforming their competition laws, aligning them with acquis communautaire and applying EU competition law concepts and standards in their domestic enforcement practices. This paper …

Competition Law Enforcement In Times Of Crisis: The Case Of Serbia, Dusan Popovic

Yearbook of Antitrust and Regulatory Studies

The development of Serbian competition law started in 2005 with the adoption of its first modern Competition Act. National competition rules are generally harmonized with European Union law, especially following the adoption of the current Competition Act of 2009. However, several problems in competition law enforcement can be identified still, the importance of which increases as the effects of the current economic crisis spread. The paper focuses mainly on three problems specific to competition law enforcement in Serbia, a country with a weak economy. The first problem identified is that of a possibly privileged treatment of state-owned companies. The Competition …

Regional Court In Brno On Cartels In 2012. Case Comments To Judgments In Crt Cartel And Gis Cartel, Petra Joanna Pipková

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Recent Judgements Of The General Court And The Supreme Court Of The Slovak Republic In Inspection Matters – Landmark Decisions Or Wasted Opportunities To Solve Problem?, Ondrej Blažo

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Review Of The Quest For God And The Good Life: Lonergan's Theological Anthropology By Mark T. Miller, Robert M. Doran

Theology Faculty Research and Publications

No abstract provided.

New Insights Into The Roles Of Human Dna Damage Checkpoint Protein Atr In The Regulation Of Nucleotide Excision Repair And Dna Damage-Induced Cell Death, Zhengke Li

Electronic Theses and Dissertations

Integrity of the human genome is frequently threatened by endogenous and exogenous DNA damaging reagents that may lead to genome instability and cancer. Cells have evolved multiple mechanisms to repair DNA damage or to eliminate the damaged cells beyond repair and to prevent diverse diseases. Among these are ataxia telangiectasia and Rad3-related (ATR)-mediated DNA damage checkpoint and nucleotide excision repair (NER) that are the major pathways by which cells handle ultraviolet C (UV-C)- or other exogenous genotoxin-induced bulky DNA damage. However, it is unclear how these 2 pathways may be coordinated. In this study we show that ATR physically interacts …

Effects Of High Fidelity Simulation On Knowledge Acquisition, Self-Confidence, And Satisfaction With Baccalaureate Nursing Students Using The Solomon-Four Research Design, Rachel M. Hall

Electronic Theses and Dissertations

High Fidelity Simulation is a teaching strategy that is becoming well-entrenched in the world of nursing education and is rapidly expanding due to the challenges and demands of the health care environment. The problem addressed in this study is the conflicting research results regarding the effectiveness of HFS for students’ knowledge acquisition after participating in simulation exercises. Specifically this researcher determined the effects of a formatted simulation scenario on knowledge acquisition among nursing students and the students’ satisfaction and selfconfidence with the simulation learning activity. Kolb’s Experiential Learning Theory (1984) provided the framework for this study.

This study used a …

Screening For Tuberculosis In Pregnancy: Do We Need More Than A Symptom Screen? Experience From Western Kenya, R J. Kosgei, D Szkwarko, S Callens, P Gichangi, Marleen Temmerman, A-B Kihara, J J. Sitienei, E J. Cheserem, P M. Ndavi, A J. Reid, E J. Carter

Obstetrics and Gynaecology, East Africa

Objectives: 1) To explore the utility of tuberculosis (TB) symptom screening for symptoms of ⩾2 weeks’ duration in a routine setting, and 2) to compare differences in TB diagnosis between human immunodeficiency virus (HIV) infected and non-HIV-infected pregnant women in western Kenya.

Design: Comparative cross-sectional study among pregnant women with known HIV status screened for TB from 2010 to 2012, in Eldoret, western Kenya.

Results: Of 2983 participants, respectively 34 (1%), 1488 (50.5%) and 1461 (49.5%) had unknown, positive and negative HIV status. The median age was respectively 30 years (interquartile range [IQR] 26–35) and 26 years (IQR 24–31) in …

Investigation Into The Effects Of Wire Mesh On Tensile And Impact Properties Of Fiber Metal Laminates, Shivani A. Rudradat

Doctoral Dissertations and Master's Theses

An investigational study was conducted into the tensile and impact behavior of Fiber Metal Laminates by combining 5052 aluminum mesh or2024-T3 aluminum sheets,2.47 N (8.9 oz) or 6.67 N (24 az) ShieldStand^® S fiberglass, and Hysol EA 9313 epoxy. Testing was performed under the guidelines of ASTM D3039-00 utilizing an lnstron 8802 Servohydraulic Materials Testing Instrument for tensile tests and ASTM D3763-06 utilizing an Inston 9250 HV Dynatup Impulse Impact Testing System for impact tests. Samples were strained at arate of 2 mrn/min for tensile tests and impacted with enetgies of 10 to 40 J in l0 J increments …

Development Of A Hybrid Vehicle Powertrain Test Laboratory, Bennet Samuel Soundarraj

Doctoral Dissertations and Master's Theses

During the last two years, Embry-Riddle Aeronautical University has installed and tested a fully functional eddy-current chassis dynamometer testing facility on campus. An automotive test facility requires a systems engineering approach to install, calibrate and commission a chassis dynamometer. This thesis shows that, the dynamometer test facility was successfully installed, commissioned and documented to safely support the power train development and testing. We can currently test the EcoCAR vehicle and a number of other front-wheel-drive vehicles at our university campus using the eddy current chassis dynamometer.

Native American Winters Doctrine And Stevens Treaty Water Rights: Recognition, Quantification, Management, Rachael Paschal Osborn

American Indian Law Journal

No abstract provided.

The Washington State Indian Child Welfare Act: Putting The Policy Back Into The Law, William N. Smith, Richard T. Okrent

American Indian Law Journal

No abstract provided.

Until Yesterday: Deterring And Healing The Cyclical Gender Based Violence In Indian Country, Samantha Ivette Morales

American Indian Law Journal

No abstract provided.

Political Cooperation And Procedural (In)Justice: A Study Of The Indian Reorganization Act, Sam Thypin-Bermeo

American Indian Law Journal

No abstract provided.

Effects Of Companion Animal Ownership Among Canadian Street-Involved Youth: A Qualitative Analysis, Michelle Lem, Jason B. Coe, Derek B. Haley, Elizabeth Stone, William O'Grady

The Journal of Sociology & Social Welfare

In Canada, approximately 150,000 youth are homeless on any given night, and many have companion animals. Through a series of semi-structured interviews, this qualitative study explored the issues and effects of companion animal ownership among street-involved youth from the perspective of the youth themselves. "Pet before self" was the substantive theme, with first level sub-themes of "physical" and "emotional" effects. Previously unidentified findings include benefits of having a companion animal, such as creating structure and routine and decreasing use of drugs. Loss of the companion animal was a negative effect. Youth consistently reported making choices to stay with their animal …

Terror In Twilight: Border Patrol Involvement In Local Policing, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group

Fred T. Korematsu Center for Law and Equality

Terror in Twilight: Border Patrol involvement in local policing

Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform, Dana L. Gold

Seattle Journal for Social Justice

No abstract provided.

To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day

Seattle Journal for Social Justice

No abstract provided.

Extremal Results For Peg Solitaire On Graphs, Aaron D. Gray

Electronic Theses and Dissertations

In a 2011 paper by Beeler and Hoilman, the game of peg solitaire is generalized to arbitrary boards. These boards are treated as graphs in the combinatorial sense. An open problem from that paper is to determine the minimum number of edges necessary for a graph with a fixed number of vertices to be solvable. This thesis provides new bounds on this number. It also provides necessary and sufficient conditions for two families of graphs to be solvable, along with criticality results, and the maximum number of pegs that can be left in each of the two graph families.

Investigating Potential Bioactive Compounds From Rhodococcus And Their Effects On Mcf7 Breast Cancer Cells, Megan N. Crabtree

Electronic Theses and Dissertations

Many drugs used in the treatment of various cancers are derived from or influenced by compounds from nature. The soil bacterium Rhodococcus is of interest because of its identified secondary metabolic pathways and the production of novel natural antibiotics from several strains. In this study, a solid agar extraction method was used to collect compounds from strains of Rhodococcus. These bacterial compound extracts were then tested using a MTT assay in order to evaluate their effectiveness in augmenting MCF7 breast cancer cell death. The results of two way ANOVA analyses revealed 18 compound extracts from 15 strains of Rhodococcus that …

Evaluation Of Alternate Mouthpiece Material Types To Minimize Vibrations And Heat Loss - The Research And Execution Of Prototypes, Kristen Bobuk

Theses, Dissertations and Capstones

This paper is based on the idea of current horn mouthpieces being made solely out of brass with a limited market of stainless steel and titanium with plating being silver or gold. This is an opportunity to explore alternate materials; specifically steel, cast iron and aluminum for the base material and chrome, copper and nickel for plating materials. Readers will learn about metal properties such as hardness, thermal conductivity and specific heat and learn why certain materials are more beneficial than others.

Efficacy Of The Arvigo Techniques Of Maya Abdominal Therapy On Dysmenorrhea Symptoms In Women., Tabitha S. Burchett

Undergraduate Honors Theses

Dysmenorrhea is one of the most reported symptoms by women in OB/GYN departments with an effect on up to 95% of women. Because pain experienced during menstrual cycles influences the mental and physical health of women, it is important to find practical and effective relief.

Complementary and alternative medicine (CAM) is a new clinical and scientific field in the practice of Western medicine. The use of CAM by the public has increased dramatically in recent years and among the practiced modalities lies a fairly new massage technique aimed at treatment of uterine abnormalities attributed to misplacement. The Arvigo Techniques of …

Natural Law As Part Of International Law: The Case Of The Armenian Genocide, Fernando R. Tesón

San Diego Law Review

In this Article I argue that some norms are part of international law even if they have never been created by treaty or custom. Because such norms have never been posited, they are natural law norms, and my thesis is that these natural law norms are as much part of international law as the posited norms. By this I mean that these norms should figure in any catalog of what international law prescribes or permits.