Digital Commons Network^™

Mandatory Rules And Default Rules In Insurance Contracts, Tom Baker, Kyle D. Logue

Law & Economics Working Papers

The economic analysis of contract law can organized around two general questions: (1) what are the efficient or welfare-maximizing substantive rules of contract law; and (2) once those rules have been identified, when if ever should they be made mandatory and when should they be merely “default rules” that the parties can contract around if they wish? Much of contract theory over the past twenty years has been devoted to developing answers to those two questions. The same two questions can be posed with respect to the rules of insurance law. Although previous scholars have examined particular substantive doctrines of …

Establishing Key Performance Indicators To Measure The Benefit Of Introducing The Facilities Manager At An Early Stage In The Building Information Modelling Process, Barry Mcauley

Conference papers

The Facilities Manager occupies a unique position within the lifecycle of a building asset, as he/she is one of the only AEC / FM professionals who is in a position to view the product of the entire design and build process and, is responsible for the operational phase which incurs approximately five times the initial capital cost. Despite the potential benefits that the Facilities Manager offers, this profession still does not command the recognition it deserves within the AEC/FM sector. This is beginning to change through the introduction of Building Information Modelling (BIM). In order for the BIM process to …

Wag The Dog: Using Incidental Intellectual Property Rights To Block Parallel Imports, Mary Lafrance

Michigan Telecommunications & Technology Law Review

Federal law grants owners of intellectual property rights different degrees of control over parallel imports depending on the nature of their exclusive rights. While trademark owners enjoy strong control over unauthorized imports bearing their marks, their protection is less comprehensive than that granted to owners of copyrights and patents. To broaden their rights, some trademark owners have incorporated copyrighted material into their products or packaging, enabling them to block otherwise lawful imports in contravention of the policies underlying trademark law. A 2013 Supreme Court decision has significantly narrowed the importation ban of copyright law, but there may be pressure to …

Wireless Localism: Beyond The Shroud Of Objectivity In Federal Spectrum Administration, Olivier Sylvain

Michigan Telecommunications & Technology Law Review

Recent innovations in mobile wireless technology have instigated a debate between two camps of legal scholars about federal administration of the electromagnetic spectrum. The first camp argues that the Federal Communications Commission (“FCC”) should define spectrum use rights more clearly and give spectrum licensees broad property rights in frequencies. The second camp argues that, rather than award exclusive licenses to the highest bidder, the FCC ought to open much, if not most, of the spectrum to unlicensed use by smartphones and tablets equipped with the newest spectrum administration technology. First, this Article shows that both of these camps comprise a …

Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow

Michigan Telecommunications & Technology Law Review

What level of First Amendment protection should we afford tattooing? General public consensus formerly condemned tattoos as barbaric, but the increasingly diverse clientele of tattoo shops suggests that tattoos have become more mainstream. However, the law has struggled to adjust. The recent proliferation of municipal near-bans on tattooing has brought tattooing to the forefront of First Amendment debates, with cases such as Anderson and Coleman leading the way toward recognizing tattooing as pure speech. Tensions between formal and informal copyright norms in the tattoo industry further highlight the collaborative and expressive nature of the artist-customer relationship and its resulting products, …

Iowa Waste Reduction Center Newsletter, December 2013, University Of Northern Iowa. Iowa Waste Reduction Center.

Iowa Waste Reduction Center Newsletter

Contents:

--- Another Year Has Come and Gone
--- Most Popular Reads of 2013
--- 2014 Recordkeeping Compliance Calendars Available
--- Reducing Wasted Food Workshop
--- Health Care - Food Waste Webinar
--- On-Site Review Revisit
--- Latest Blog Posts

Private Standards Organizations And Public Law, Peter L. Strauss

William & Mary Bill of Rights Journal

Simplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution …

An Essay On Due Process And The Endowment Effect, Paul R. Verkuil

William & Mary Bill of Rights Journal

No abstract provided.

The Effect Of Ocean Acidification On The Growth Rate And Metabolic Activity Of Various Vibrio Species, Mireya Arroyo

McNair Scholars Research Journal

No abstract provided.

Notes From The Director, The Mcnair Team

McNair Scholars Research Journal

No abstract provided.

About The Mcnair Scholars Program, The Mcnair Team

McNair Scholars Research Journal

No abstract provided.

Full Issue, The Mcnair Team

McNair Scholars Research Journal

No abstract provided.

Changes On Cran, Kurt Hornik, Achim Zeileis

The R Journal

New CRAN task views

New packages in CRAN task views

New contributed packages

Other changes

Rlme: An R Package For Rank-Based Estimation And Prediction In Random Effects Nested Models, Yusuf K. Bilgic, Herbert Susmann

The R Journal

There is a lack of robust statistical analyses for random effects linear models. In practice, statistical analyses, including estimation, prediction and inference, are not reliable when data are unbalanced, of small size, contain outliers, or not normally distributed. It is fortunate that rank-based regression analysis is a robust nonparametric alternative to likelihood and least squares analysis. We propose an R package that calculates rank-based statistical analyses for two- and three-level random effects nested designs. In this package, a new algorithm which recursively obtains robust predictions for both scale and random effects is used, along with three rank-based fitting methods.

Exactcidiff: An R Package For Computing Exact Confidence Intervals For The Difference Of Two Proportions, Guogen Shan, Weizhen Wang

The R Journal

Comparing two proportions through the difference is a basic problem in statistics and has applications in many fields. More than twenty confidence intervals (Newcombe, 1998a,b) have been proposed. Most of them are approximate intervals with an asymptotic infimum coverage probability much less than the nominal level. In addition, large sample may be costly in practice. So exact optimal confidence intervals become critical for drawing valid statistical inference with accuracy and precision. Recently, Wang (2010, 2012) derived the exact smallest (optimal) one-sided 1 confidence intervals for the difference of two paired or independent proportions. His intervals, however, are computer-intensive by nature. …

The Effects Of Wrist Orthoses On The Stiffness Of Wrist Rotations, Daniel Brad Seegmiller

Theses and Dissertations

Wrist orthoses are the most common upper limb orthoses, being used by thousands of individuals each year to stabilize, immobilize, or support the wrist joint. Wrist orthoses achieve their function by altering the stiffness of the wrist joint (Figure 1-1). However, there is no quantitative understanding of how wrist orthoses affect wrist stiffness, and consequently, wrist orthosis development often relies on feel, intuition, or empirical heuristics rather than a methodical, quantitative approach. Because wrist movement control is dominated by wrist joint stiffness (Charles and Hogan 2011) a quantitative understanding of how wrist orthoses alter the stiffness of the wrist is …

Parenting Skills As Predictors Of Child And Adolescent Psychotherapy Outcomes: Examining Change In Usual Care Settings, Alicia Ann Henderson

Theses and Dissertations

Youth psychotherapy literature is in need of more research related to understanding psychotherapy process and outcome in child psychotherapy in community settings. The purpose of this study was to examine how key parenting skills were associated with child and adolescent symptoms and outcomes over the course of treatment in an outpatient community mental health system. Much of the research on child and adolescent outcomes has been conducted in controlled research settings, which raises the importance of more research needing to be done in representative clinical practice conditions (Weisz & Jensen, 2001). Further, few child and adolescent studies have examined potential …

Service Provider And Beneficiary Perceptions Of Collectivist Domestic Violence Social Issues, Annie Mohsen Samhouri

Theses and Dissertations

In this research I have focused on beneficiary and service providers' perceptions toward Arab social obstacles to help-seeking, appropriate intervention methods and obstacles to reintegration into the community after seeking assistance. Through semi-structured interviews and content analysis of local policies, laws and specific service offerings, I sought to contribute to the limited literature that explores how formal institutions that originate from a Western context are adapted to meet the unique needs of Arab victims of domestic violence. I found that the main social obstacles to help-seeking were attributed to a dearth of knowledge about existing services, a lack of confidence …

Habitat Selection By Two K-Selected Species: An Application To Bison And Sage Grouse, Joshua Taft Kaze

Theses and Dissertations

Population growth for species with long lifespans and low reproductive rates (i.e., K-selected species) is influenced primarily by both survival of adult females and survival of young. Because survival of adults and young is influenced by habitat quality and resource availability, it is important for managers to understand factors that influence habitat selection during the period of reproduction. My thesis contains two chapters addressing this issue for K-selected species in Utah. Chapter one evaluates habitat selection of greater sage-grouse (Centrocercusurophasianus) on Diamond Mountain during the critical nesting and brood-rearing period. Chapter two address selection of birth sites by bison (Bison …

Sudden Gains: A Pluralistic Approach To The Patient And Therapist Experience, Brian P. Hansen

Theses and Dissertations

Qualitative and quantitative research methods were used to study instances of sudden gains within the case load of a private practice practitioner. Five clients whose progress was marked by such changes were contrasted with the views of five clients whose progress was marked by significant setbacks. Results from the quantitative analyses indicated that clients who experienced sudden gains during therapy tended to retain their therapeutic gains over a 2-year time period. In contrast, individuals who experienced setbacks in therapy generally continued to be distressed at the 2-year reassessment. Clients who experienced sudden gains were more distressed prior to treatment and …

Involvement Of Ampk And Ap-1 Biochemical Pathways In Il-6 Regulation Of Steroidogenic Enzymes In The Adrenal Cortex, Matharage Shenali De Silva

Theses and Dissertations

The adrenal cortex is a crucial endocrine gland in the mammalian stress response. In chronic inflammatory stress, cortisol is elevated whereas adrenal androgens are decreased. Furthermore, ACTH levels have poor correlation with the plasma cortisol in these conditions, thus suggesting that other factors are driving the stress response during chronic inflammatory stress. Interleukin-6 (IL-6), a cytokine which is released during chronic inflammatory stress, is assumed to be one such factor. Thus the biochemical pathways by which IL-6 increases cortisol release from the zona fasciculata (ZF), and decreases adrenal androgen release from the zona reticularis (ZR) were investigated. Since IL-6 activates …

The Effects Of Video Prompting Via An Ipad On Vocational Skill Development Of Secondary Students With Developmental Disabilities, Patricia D. Lund

Theses and Dissertations

Current laws stress the importance of using research-based practices to teach transition and vocational skills to students with disabilities. Some of the evidence-based practices include the use of videos to prompt students through a task. Much research has been done concerning the effectiveness of video prompts to teach daily living skills, academic skills and social skills. Transitional skills that have been taught often include simple, entry level skills such as watering plants, cooking soup in the microwave or setting a table. To date, there is little research regarding the use of video prompts to teach complex employment skills that can …

The Effect Of Age On Interhemispheric Transfer Time: An Event Related Potential Study, Amy Boyson

The Plymouth Student Scientist

The present study sought to investigate the effects of aging on interhemispheric transfer time (IHTT). Poffenberger (1912) devised a behavioural paradigm thought to be a measure of IHTT. In this paradigm IHTT is estimated by calculating the crossed-uncrossed difference (CUD); the difference in speed of response between responses made in response to stimuli contralateral to responding hand (crossed) and those made by hands ipsilateral to the stimuli (uncrossed). IHTT can also be estimated through event related potentials (ERPs) by calculating latency differences between the waveforms over the ipsilateral and contralateral hemispheres. Results from previous experiments comparing younger and older participants …

The Legitimacy Of Selected Watershed Organizations In The Midwestern United States, Bruce Martin Hall

Dissertations

Legitimacy in natural resource management refers to the degree to which citizens accept and comply with stated goals and policies. Lack of legitimacy can threaten collaborative-based watershed groups that rely on voluntary compliance to achieve their water quality goals. These groups are locally-based, and sprouted up due to the complexities and political barriers that have prevented better control of non-point, or diffuse, pollution off the landscape and into streams and lakes. One of the most cited requirements for legitimacy in natural resource collaborations is inclusive representation. An exploratory study of several watershed groups in Wisconsin and Illinois uncovered a worrisome …

Investigating The Impact Of Orientation And Detected Characteristics Of First-Time Online Students On Their Success Rate In A Community College Setting, Reginald C. Akpom

Dissertations

It is evident that the failure rate is higher among online students than in-class students at Hopkinsville Community College. An analysis of the academic records of students who enrolled in online courses for the first time at Hopkinsville indicated a 13% higher withdrawal and failure rate than those who took in-class courses over the same period between 2000 and 2010. Colleges are taking potentially all of the necessary steps to reduce the student failure rates among online students because high withdrawal and failure rates often reflect badly on the quality of education by the providing institutions (C. Segura, personal communication, …

Raman Spectroscopic Investigation Of Chondroitinase Abc Treatment After Spinal Cord Injury In An Organotypic Model, Shane Ruberto

Theses - ALL

This study investigated (1) the ability of an organotypic model of spinal cord injury (SCI) to recapitulate significant pathobiological events of in vivo SCI from a Raman spectroscopic perspective, and (2) the Raman spectroscopic effects of chondroitinase ABC (cABC) treatment on said model of SCI. Tissue from mouse spinal cords was excised, sectioned, and placed into culture, before being systematically injured to induce trauma. Cultures with and without cABC treatment were assessed using Raman spectroscopy at varying times post-injury. We demonstrate that Raman spectral phenomena characteristic of SCI can be observed using an organotypic model. By comparing these phenomena with …

Creating A Maturity Model For Business Intelligence In Healthcare, Patti Brooks

Masters Theses & Doctoral Dissertations

Healthcare is a very complex, knowledge-driven industry. The accumulation of data is quickly outpacing the capacity to use the information to improve the efficiency and quality of healthcare. At the same time, the demand for higher level knowledge to manage consumer information and to predict outcomes of care continues to rise. Business intelligence (BI) can help organizations improve efficiency in managing information and can provide decision makers with timely and accurate information. The use of a business intelligence maturity model can provide organizations with a systematic method for assessing their maturity level relative to important process areas critical to the …

Actions Speak Louder Than Words: How Do Special Education Administrators Prevent And Resolve Conflict With Families?, Tracy Gershwin Mueller, Shawn Piantoni

The Journal of Special Education Apprenticeship

Conflict between parents of children with disabilities and school district members has been an ongoing issue for decades. Special education administrators are often designated to address conflict with the intent to find an amicable resolution. Otherwise, conflict can lead to due process hearings that move valuable time and money away from general district funds. Understanding how administrators informally address such conflict can guide leaders as they promote collaboration between the home and school. This paper presents a qualitative interview study of special education directors’ experiences with conflict prevention and resolution. Seven key action-based strategies that prevent and resolve conflict with …

Lack Of Csk-Mediated Negative Regulation In A Unicellular Src Kinase, Kira Schultheiss

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

Tyrosine kinases play important roles in cellular communication in animals. c-Src is a nonreceptor tyrosine kinase that is involved in survival, angiogenesis, proliferation, and invasion pathways. There are 9 Src family kinases, and they have a conserved domain arrangement (SH3-SH2-kinase) that is necessary for regulation. The basal activity of c-Src is normally kept low due to phosphorylation by C-terminal Src kinase (Csk). This regulatory relationship has been conserved throughout the evolution of animals. Until recently, it was thought that complex signaling molecules, such as the tyrosine kinases, did not exist outside of multicellular animals. Newly discovered unicellular precursors to mammalian …

Drug Discovery Through Combination Of Computational Screening And Design, Chemical Synthesis And Biological Evaluations, William Theodore Berger

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

A long-standing problem with the use of conventional cancer chemotherapy is the inherent lack of tumor specificity. Tumor-targeting drug-delivery systems (TTDS) have since been explored to overcome this deficiency. These drug conjugates can deliver potent cytotoxic drugs specifically to tumors and tumor cells with minimal systemic toxicity. Among various tumor-targeting molecules discussed, Designed Ankyrin Repeat Proteins (DARPins) represent a new approach to tumor targeting. In particular, DARPins targeting CD326 Epithelial Cell Adhesion Molecule (EpCAM) receptors provide an effective cancer target, as EpCAM is critical to the regulation of cellular matrix composition and overall cancer aggressiveness. Botulism is a human illness …