Digital Commons Network^™

The Resilience Of Property, Lynda L. Butler

Faculty Publications

Resilience is essential to the ability of property to face transforming social and environmental change. For centuries, property has responded to such change through a dialectical process that identifies emerging disciplinary perspectives and debates conflicting values and norms. This dialectic promotes the resilience of property, allowing it to adapt to changing conditions and needs. Today the mainstream economic theory dominating common law property is progressively being intertwined with constitutionally protected property, undermining its long-term resilience. The coupling of the economic vision of ordinary property with constitutional property embeds the assumptions, choices, and values of the economic theory into both realms …

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 …

Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec

Faculty Publications

Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses …

Full Issue, Byu Studies

BYU Studies

No abstract provided.

Lexical Retrieval In Discourse: An Early Indicator Of Alzheimer’S Dementia, Seija Pekkala, Debra Wiener, Jayandra Himali, Alexa Beiser, Loraine Obler, Yulin Liu, Ann Mckee, Sanford Seshadri, Philip Wolf, Rhonda Au

Publications and Research

We examined the progression of lexical-retrieval deficits in individuals with neuropathologically determined Alzheimer’s disease (AD; n=23) and a comparison group without criteria for AD (n=24) to determine whether linguistic changes were a significant marker of the disease. Our participants underwent multiple administrations of a neuropsychological battery, with initial administration occurring on average 16 years prior to death. The battery included the Boston Naming Test (BNT), a letter fluency task (FAS) and written description of the Cookie Theft Picture (CTP). Repeated measures analysis revealed that the AD-group showed progressively greater decline in FAS and CTP lexical performance than the comparison group. …

Associations Between Iron Concentration And Productivity In Montane Streams Of The Black Hills, South Dakota, Cari-Ann Hayer, Benjamin M. Holocmb, Steven R. Chipps

The Prairie Naturalist

Iron is an important micronutrient found in aquatic systems that can influence nutrient availability (e.g. phosphorus) and primary productivity. In streams, high iron concentrations often are associated with low pH as a result of acid mine drainage, which is known to affect fish and invertebrate communities. Streams in the Black Hills of South Dakota are generally circumneutral in pH, yet select streams exhibit high iron concentrations associated with natural iron deposits. In this study, we examined relationships among iron concentration, periphyton biomass, macroinvertebrate abundance, and fish assemblages in four Black Hills streams. The stream with the highest iron concentration (~5 …

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.

Teacher Effectiveness And Experience Comparing Evaluation Ratings And Student Achievement, Janice Marie Garnett

Student Work

The purpose of this quantitative study was to discover and describe the relationship of teacher experience and evaluation ratings aligned with student achievement results in a public school setting. The research question guiding this study: Is there a significant relationship between teacher effect data in elementary school mathematics and reading and a teacher’s years of experience and performance ratings?

Understanding And Managing End Of Life Symptoms: A Teaching Guide For The Primary Caregiver, Christine Miraglia

Nursing Masters

Abstract The goal of hospice is to support patients and the family or friend who has taken on the role of the caregiver. The majority of care provided in the home to the ill patient is provided by informal caregivers with limited experience. Emotional and physical strain can cause caregiver breakdown even to the most capable caregiver. Caregivers become over whelmed and panic when they are expected to monitor, interpret, and make decisions, in providing direct care. There are tremendous expectations of the caregiver in the home setting. The home healthcare hospice nurse should provide teaching materials and information to …

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 …

Preoperative Spinal Tumor Embolization: An Institutional Experience With Onyx., George M. Ghobrial, Md, Nohra El-Chalouhi, Md, James Harrop, Md, Richard Dalyai, Md, Stavropoula Tjoumakaris, Md, L Fernando Gonzalez, Md, David Hasan, Md, Robert Rosenwasser, Md, Pascal Jabbour, Md

Department of Neurosurgery Faculty Papers

BACKGROUND: Preoperative embolization has the potential to decrease intraoperative blood loss and facilitate spinal cord decompression and tumor resection.

OBJECTIVE: We report our institutional experience with the embolization of hypervascular extradural spinal tumors with Onyx as well as earlier embolic agents in a series of 28 patients.

METHODS: A retrospective case review was conducted on patients undergoing preoperative transarterial embolization of a spinal tumor between 1995 and 2012 at our institution.

RESULTS: Twenty-eight patients met the inclusion criteria, with a mean age of 60.6 years. Twenty-eight patients had metastatic tumors. In 14 (50%) patients the metastases were from renal cell …

Review Of Cerebral Aneurysm Formation, Growth, And Rupture., Nohra Chalouhi, Md, Brian L Hoh, David Hasan

Department of Neurosurgery Faculty Papers

No abstract provided.

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 …

Key Legislative And Jurisprudential Developments Of Polish Antitrust Law In 2012, Anna Piszcz

Yearbook of Antitrust and Regulatory Studies

This article has two objectives. First, it presents the most important developments of Polish antitrust legislation of 2012. These include recent amendments to legal provisions on judicial antitrust proceedings contained in the Code of Civil Procedure, and some novel issues in the area of non-binding guidelines of the Polish NCA, the UOKiK President. Second, the article introduces key developments in Polish competition law jurisprudence of 2012. It characterises selected rulings delivered by the Polish Supreme Court, the Court of Appeals in Warsaw and the Court of Competition and Consumer Protection. Judgments are divided according to their subject matter.

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer

Faculty Publications

No abstract provided.

Development Of In Vitro Chylomicron Assay Using Caco-2 Cells, Yuxi Sun

Electronic Theses and Dissertations

Dietary fats are mainly transported by the intestine in lipoproteins: chylomicrons (CMs) and very low density lipoproteins (VLDLs). Unfortunately, studies of the intestinal absorption of dietary fat have been hampered by the lack of an adequate in vitro model system. As an in vitro model Caco-2 cells are able to secrete lipoproteins. We investigated the possible factors that may affect the secretion of CMs through the ultracentrifugation technique. The dose-dependent effects of oleic acid, mono-olein, egg lecithin, collagen matrix, and the effect of cell differentiation on CM secretion were then tested. We found that oleic acid, lecithin, and cell differentiation …

Perceived Barriers And Facilitators To Mental And Behavioral Health Screening And Treatment In Primary Care For Women In Northeast Tennessee, Sarah K. Hill

Electronic Theses and Dissertations

Between one quarter and one third of all primary care patients meet criteria for at least one mental disorder. However, many women are not screened for mental disorders as recommended by the literature. Some studies suggest even lower rates of screening and treatment in rural areas. This researcher sought to identify barriers and facilitators to mental and behavioral health screening and treatment for women in primary care and solicit feedback on how to ameliorate perceived barriers. Given the limited extant data describing rural Appalachian women’s perceptions of barriers and facilitators to receiving mental health services an exploratory qualitative analysis was …

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 …

December 2013 Commencement Program, Bowling Green State University

Commencement Programs

No abstract provided.

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 …

Conscientious Objection To Provision Of Legal Abortion Care, Brooke R. Johnson Jr, Eszter Kismödi, Monica V. Dragoman, Marleen Temmerman

Obstetrics and Gynaecology, East Africa

Despite advances in scientific evidence, technologies, and human rights rationale for providing safe abortion, a broad range of cultural, regulatory, and health system barriers that deter access to abortion continues to exist in many countries. When conscientious objection to provision of abortion becomes one of these barriers, it can create risks to women’s health and the enjoyment of their human rights. To eliminate this barrier, states should implement regulations for healthcare providers on how to invoke conscientious objection without jeopardizing women’s access to safe, legal abortion services, especially with regard to timely referral for care and in emergency cases when …

Food Dyes As An Alternative Tracking Dye For Dna Gel Electrophoresis, Salwa J. Al-Awadi, Abdulameer M. Ghareeb, Wisam H. Salo

Baghdad Science Journal

The chemical, physical and toxicological effects on health of synthetic dyes that used as tracking dye in the electrophoresis requires seriously search about alternative tracking dye. The present study is aimed to find an alternative dye from safe food dyes which commonly used in food coloring. Five dyes were selected depending on their chemical properties and the availability in local market: Brilliant Blue FCF, Tartrazine, Sunset Yellow FCF, Carmoisine, and green traditional, three dyes were chosen to be mixed as loading buffer: Brilliant Blue FCF, Sunset Yellow FCF as a basic because it give the whole range size of most …

Introduction To The Economics Of Social Institutions, John B. Davis, Asimina Christoforou

Economics Faculty Research and Publications

This volume includes thirty-six important contributions to the economics of social institutions by leading figures in the history of the field. Its nine Parts are: Early Contributions, Methodological and Conceptual Issues, Old Institutionalism, New Institutionalism, Social Costs, Growth and Development, Institutions and Change, Institutions and Organizations, and The Third Sphere of the Economy and Institutions. This set of topics provides a comprehensive review of the origins and development of the economics of social institutions. It addresses the main theoretical and policy concerns that have occupied contributors to the approach. The economics of social institutions has a been well-established research program …

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.

Redefining Social Welfare: Connections Across Species, Christina Risley-Curtiss

The Journal of Sociology & Social Welfare

A growing body of research supports the notion that human well-being is inextricably connected to the welfare of other animals. Social scientists are exploring these connections in research in social work and various subfields of sociology, including those focusing on the environment, deviance, the family, health, social inequality, and religion, as well as the emerging field of animals and society. This special issue taps researchers and theorists from several countries in a wide range of subfields in order to capture the breadth of the connections among species that affect all aspects of human well-being. This is a double issue, as …

Human Consequences Of Animal Exploitation: Needs For Redefining Social Welfare, Atsuko Matsuoka, John Sorenson

The Journal of Sociology & Social Welfare

This paper addresses an area which has not been given serious consideration in social welfare and social work literature, the instrumental use of nonhuman animals, in particular as food, and argues that the welfare of humans and other animals are intertwined. The paper examines the consequences of animal exploitation for humans in terms of health, well-being, environmental damage, and exploitation of vulnerable human groups. The paper concludes that a necessary redefinition of social welfare entails attention to these issues and the recognition that other animals have inherent value and their rights must be respected.

Relational Ecology: A Theoretical Framework For Understanding The Human-Animal Bond, Jennifer M. Putney

The Journal of Sociology & Social Welfare

This qualitative study investigated the perceived impact of companion animals on the psychological well-being of lesbian women over age 65. Twelve women, ranging in age from 65-80, were interviewed with a semi-structured interview guide. Four thematic findings are highlighted: love and attachment, animals in transitional spaces, challenges and rewards of caregiving, and preparation for death. The author offers the term "relational ecology" to explain how animals contribute to well-being. This integrates the growth task model of human development, object relations theory, liminality, and deep ecology.