Digital Commons Network^™

Plain Language Review Of Physical Activity Among Indigenous Australians, Caitlin Gray

Research outputs 2014 to 2021

This review provides information on physical activity among Aboriginal and Torres Strait Islander people. It is a valuable overview for people working in the area and aims to assists in the development/refinement of policies, strategies and programs. This review of physical activity among Aboriginal and Torres Strait Islander Australians has been prepared by the Australian Indigenous HealthInfoNet as a part of our contributions to 'closing the gap' in health between Aboriginal and Torres Strait Islander people and other Australians by making relevant, high quality knowledge and information easily accessible to policy makers, health service providers, program managers, clinicians, researchers …

The Advent Of State And Local Lobby Regulations And The Legal And Ethical Considerations For Attorneys., Ross Fischer, Jack Gullahorn

St. Mary's Journal on Legal Malpractice & Ethics

Advocacy is the primary goal and responsibility of two distinct and well-regulated professions: the lawyer and the lobbyist, each of whom is subject to his own set of rules and regulations. This Article is designed to analyze the intersection of the lawyer’s Disciplinary Code with developing, rules governing advocacy in the policy-making arenas throughout Texas. Increasingly, the line between legal and legislative advocacy has become blurred as more local Texas entities turn to state lobby regulations for inspiration. This Article will consider the state Lobby Law, including its history and structure, as a framework for subsequent efforts to regulate lobbying …

“A Scout Is Trustworthy”: Applying Virtue Ethics To Lawyer Professionalism., Jeff Brown

St. Mary's Journal on Legal Malpractice & Ethics

This Article advocates the employment of the twelve-point Scout Law of the Boy Scouts of America as a professional ethics guide for lawyers. The Article begins by briefly relating the history of virtue ethics as a philosophical field of study and comparing and contrasting it with rule-based ethics. The Article continues with a brief history of the Scout Law. Finally, the Article explores how each of the twelve points of the Scout Law identifies a virtue relevant to the practice of law and how seeking to adhere to these virtues is crucial for attorneys hoping to lead a life of …

Keep Your “Friends” Close And Your Enemies Closer: Walking The Ethical Tightrope In The Use Of Social Media., John G. Browning

St. Mary's Journal on Legal Malpractice & Ethics

This Article will examine the ethical issues posed by lawyers’ use of social media platforms in light of the ABA Ethics Commission 20/20 changes to the Model Rules of Professional Conduct. Social networking has had a transformative effect both on the way society shares information and on the legal profession. Much of the discussion to date focuses on the discovery and use of evidence from social media sites in criminal cases and civil litigation, but attention must also be directed to the ethical quandaries posed by the legal profession’s use of social media. This Article will consider issues such as …

Arbitration Clauses In Fee Retainer Agreements., Chrissy L. Schwennsen

St. Mary's Journal on Legal Malpractice & Ethics

Due to the variety of approaches jurisdictions employ when determining the legal ramifications of arbitration clauses in fee retainer agreements, it’s best to include an explanation of the legal consequences of arbitration in the agreements. The attorney can, and should, fully explain the potential benefits of arbitration to clients. State courts take various viewpoints on the issue, and most stand contrary to the position of the American Bar Association (ABA) and state ethics committees on the subject. Consequently, attorneys must disclose truthful and accurate information regarding arbitration agreements when engaged in multijurisdictional practice in order to ensure protection from malpractice …

The Limited Power Of The Bar To Protect Its Monopoly., Zachary C. Zurek

St. Mary's Journal on Legal Malpractice & Ethics

The weaknesses within unauthorized practice of law (UPL) laws, coupled with shaky and fragmented enforcement, allow nonlawyers to perform activities that are otherwise characterized as the practice of law. Certified Public Accountants (CPAs), non-lawyers representing individuals in administrative settings, legal document preparation services, and other non-lawyers offering detailed legal advice pose serious threats to the bar and the individuals they serve. Uniformed standards of liability, ethics, and certification should be developed to ensure a balanced group of practitioners is available to the public. Pulling nonlawyers into the realm of liability for breach of professional responsibility would result in a higher …

Can Federal Courts Exercise Jurisdiction Over State Law Malpractice Claims Arising Out Of Patent Law Disputes?, Isaac C. Ta

St. Mary's Journal on Legal Malpractice & Ethics

Under 28 U.S.C. § 1338, federal courts generally have original jurisdiction over cases arising under federal civil law. Specifically, under 28 U.S.C. § 1338(a), federal courts have jurisdiction over cases brought under federal patent laws. As with any legal proceeding, the potential for legal malpractice as it relates to patent issues (e.g., proper patent filing) is very real. However, unlike patent law proceedings, legal malpractice is governed by state law.' When the two causes of action are intertwined, federal and state courts are presented with the issue of which court possesses proper jurisdiction. Some argue federal courts can properly exercise …

How An Obscure Tennessee Opinion Uncovers The Veil Of Legal Malpractice Between Asset-Protection Trusts And The Uniform Trust Code., Charles Epps Ipock

St. Mary's Journal on Legal Malpractice & Ethics

In the year 2000, the Uniform Law Commissioners approved the Uniform Trust Code (UTC). This was the first effort to provide states with an all-inclusive model for codifying their trust laws. Since then, at least twenty-three states adopted some, or most of the UTC. But this enactment did not come without controversy. Most of the controversies stem from provisions regarding asset-protection trusts. The net result of asset-protection trusts within the UTC essentially disposes of discretionary trusts by requiring them to contain spendthrift language. The undesirable effect of these provisions is that without a spendthrift clause any creditor can attach a …

Smaller, Faster Stomata: Scaling Of Stomatal Size, Rate Of Response, And Stomatal Conductance, Paul Drake, Raymond H. Froend, Peter Franks

Research outputs 2013

Maximum and minimum stomatal conductance, as well as stomatal size and rate of response, are known to vary widely across plant species, but the functional relationship between these static and dynamic stomatal properties is unknown. The objective of this study was to test three hypotheses: (i) operating stomatal conductance under standard conditions (gop) correlates with minimum stomatal conductance prior to morning light [gmin(dawn)]; (ii) stomatal size (S) is negatively correlated with gop and the maximum rate of stomatal opening in response to light, (dg/dt)max; and (iii) gop correlates negatively with instantaneous water-use efficiency (WUE) despite positive correlations with maximum rate …

Islamic Da'wa In Korea: A Study Of Koreans' Religious Conversion To Islam Taking Place In The Twenty-First Century, Sungsu Park

ATS Dissertations

No abstract provided.

The Work Of The Spirit And The Ministry Of The Word In Ambrose Of Milan, John Wesley Hatton

ATS Dissertations

No abstract provided.

Biodiesel Production From Candlenut And Calodendrum Capense Seeds: Process Design And Technological Assessment, Dennis Mogire Ndaya

All Master’s Theses

This project was based on biodiesel production from candlenut and calodendrum capense seeds using conventional and biotechnological technique and determination of the oil yields and biodiesel quality. The driving force for large-scale use of biodiesel has been the need to reduce the harmful emissions that result from the burning of petroleum oil as well as our dependence on diminishing reserves of petroleum oil. The aim of the study was to extract oil from Candlenut tree and Calodendrum capense seeds using conventional techniques and determine conditions for optimum oil yields. The oil from the two non-edible plant feedstocks was obtained using …

Characterization Of Flavonoids From Candidate Striga Weed Controlling Food Legumes; Cicer Arietinum L. And Vigna Radiata L., Anna Akumu Anyango

All Master’s Theses

In Africa, intercropping of some legumes with cereal crops has been found to cause remarkable reduction of Striga infestation and improved production of cereal crop. Desmodium uncinatum controls Striga infestation in intercrop with cereals through an allelopathic mechanism, which involves post-germination growth inhibitors exuded from the roots. Allelopathy is a natural and environmentally friendly technique, which has a potential to be a new approach for weed control. A standardized profiling method based on Reverse Phase-High Performance Liquid Chromatography (RP-HPLC) and Liquid Chromatography coupled with Mass Spectrometry (LC/MS) was used to identify flavonoids in extracts of chickpea (Cicer arietinum) and mung …

Current Approaches In Chemical Ecology Using Regionally Adapted Sustainable Methods, Eva Winter

All Master’s Theses

Kenya is an African developing country situated at the equator ranking 157th of 177 countries in the human development index. Agriculture is next to tourism the most important economic sector with 24 % of the GDP. Poverty prevalence is highest with small holder farmers. A promissing approach to reduce this precarious condition is the implementation of organic agriculture. 1. Establishment of certified organic cash crop production for a domestic and/or an export market and 2. dissemination of common methods in organic agriculture to subsistently living small holder farmers are the two major strategies of the approach. Both have different positive …

Writing The Visual In "Baroni: Un Viaje" And Other Recent Work By Sergio Chejfec, Margaret Carson

Dissertations, Theses, and Capstone Projects

This dissertation has three parts. First, I explore the ways in which word intersects with image in several recent texts by the contemporary Argentine writer Sergio Chejfec, whose oeuvre is replete with verbal descriptions of visual artifacts. Second, as a complement to the critical essay, I present my English translation of Chejfec's Baroni: un viaje (2007), a novel featuring the Venezuelan artist Rafaela Baroni, whose extraordinary wood carvings of Virgins, saints and other figures are described in key passages. Third, as a bridge between these two parts, I reflect on the related critical discourses of ekphrasis and translation and on …

Neurophysiological Indices Of The Effect Of Cognates On Vowel Perception In Late Spanish-English Bilinguals, Carol A. Tessel

Dissertations, Theses, and Capstone Projects

The field of research in bilingualism and second language (L2) acquisition has yielded overwhelming evidence that acquiring a second language later in life will result in less accurate production and perception of consonants and vowels in the second language. These effects, in part, are a result of interference from the already formed phonetic categories shaped by early exposure to the L1 (Iverson, 2007). Phonetic categories from the L2 will, at least initially, be mapped onto phonetic categories from the L1 (Flege, 1995). Shared storage of similar lexical items from L1 and L2 may also take place resulting in differences in …

Homology Model Of 30s Ribosomal Subunit From Mycobacteria Tuberculosis, Peterson Gitonga Mathenge

All Master’s Theses

Mycobacterium tuberculosis, the causative agent of the tuberculosis, has infected more than a third of the world population to date. It has been known to be a very aggressive bacterium that is highly resistant to current drugs that target Tuberculosis. Antibiotics such as viomycin and capreomycin have been shown to bind to functionally important regions of the bacterial ribosome inhibiting protein synthesis process thereby affecting the bacterial cells viability. It is hypothesized that, a three dimensional structure of the 30S ribosomal subunit of the bacterium, will bring about a novel approach on drug target, and will be important in the …

Responses To Pyrethroids In Heavy Metal Tolerant Anopheles Gambiae Vector Of Malaria, Fauzia Khagai Musasia

All Master’s Theses

Anopheles gambiae mosquito, the principle Afro-tropical vector of malaria, has been documented in habitats with heavy metals in excess of natural loads. The mosquito has also displayed resistance to most conventional insecticides, and potential to resist challenges by heavy metals. Investigations were conducted in strains of An. gambiae ss, in which tolerance to cadmium and lead heavy metals were established. This study was undertaken to determine any putative relationship between tolerance to (cadmium and lead) heavy metals, and resistance to pyrethroid insecticide in An. gambiae. Tolerance to cadmium and lead heavy metals was developed in larval stages and this development …

Protective Role Of Antioxidant In Ameliorating African Trypanosomiasis - Induced Brain Degeneration In A Mouse Model, James Nyabuga Nyariki

All Master’s Theses

Late stage Human African Trypanosomiasis (HAT) is manifested by brain degeneration following infection by Trypanasoma brucei rhodensiense and Trypanasoma brucei gambiense parasites. This stage can only be treated with melarsoprol (Mel B) which inadvertently induces Post Treatment Reactive Encephalopathy (PTRE) and a mortality of 5% among HAT infected patients. This is an unacceptable mortality for a modern human drug. Investigations were conducted to establish the protective role of Coenzyme Q10 (CoQ10) and endogenous antioxidants (Manganese Superoxide dismutase (MnSOD), Glutathione Reductase (GR), Copper-Zinc Superoxide dismutase (SOD-1) and reduced glutathione (GSH)) against PTRE and putative resultant brain degeneration in a mouse model. …

Effect Of Temperature On The Efficacy Of Metarhizium Anisopliae (Metchnikoff) Sorokin In The Control Of Western Flower Thrips In French Beans, Maureen Nandwa Kuboka

All Master’s Theses

Metarhizium anisopliae isolate ICIPE69 is a highly virulent fungal pathogen against several thrips species such as western flower thrips (Frankliniella occidentalis), bean flower thrips (Megalurothrips sjostedti), onion thrips (Thrips tabaci) and others infesting key vegetable crops in Africa. Recently the isolate has been commercialized for pest control under the trade name, Campaign ®. The efficacy of the entomopathogenic fungi is known to be influenced by the prevailing climatic conditions with temperature being a key climate driver. This study aimed to predict the efficacy of Campaign® for thrips control in different Agro ecological zones (AEZ) in Kenya. To achieve this, effects …

Log Ratio Methodology For Analysis Of Compositional Data: A Case Of Olfactometer Bioassay Data From Insect Behavioural Studies, Anthony Raymond Epel

All Master’s Theses

Researchers are often times confronted with compositional data in insect choice studies. The choice of a statistical method to model this type of data is always not obvious. In this study, three approaches for analysis of compositional data from choice tests made by the predatory parasitoid Cotesia sesamaie Cameron in a four-arm olfactometer was explored using centered, additive and isometric log ratio transformations. Oviposition induced plant volatiles (OIPVs), herbivore induced plant volatiles (HIPVs), and two controls were tested in the four-arm olfactometer. The response variable measured was time spent in each field of the olfactometer, when the time to observe …

Socio-Economic Analysis Of Dairy Feed Technologies Promoted In The Kenyan Highlands, Gregory Ndwandwa Sikumba

All Master’s Theses

The cost of feed is one of the major constraints to dairy cattle production in sub-Saharan Africa. East Africa dairy development project is promoting several feed technologies for dairy cattle in order to reduce costs and increase milk production and profits. Research was conducted to identify factors that affect farmers' uptake of feed technologies, cost of feed and factors driving dairy milk yield through improved technologies and practices. There has however been no studies related to cost benefit analysis of dairy cattle feed or a measure of efficiency of dairy feed technologies in Kenyan highlands. In East Africa and the …

Assessment Of The Potential For Integration Of Ecosystem Based Approaches And Local Indigenous Knowledge Into Climate Change Adaptation In The Taita Hills, Kenya, Sarah Murabula Achola

All Master’s Theses

The integration of indigenous knowledge and science through and ecosystem based adaptation provides a basis for the formulation of culturally acceptable and sustainable adaptation practices. This study aims to determine sustainable climate change adaptation strategies for the Taita Hills in Kenya and assess their potential for integration with ecosystem based adaptation. It uses a mixed methodology that involves literature review, participatory methods and household surveys. As a result it emerges that adaptation to climate variability and change in the Taita Hills, takes on both an anticipatory and reactive approach. The household survey indicates that 68% of the farmers have taken …

Imagining A Same-Sex Marriage Decision Based On Dignity: Considering Human Experience In Constitutional Law, Danieli Evans

Articles

California’s Proposition 8 allows same sex couples to join through civil unions, which grant the legal benefits afforded to married couples but denies them the official label of “marriage.” The lower court eschewed the question of whether Proposition 8 burdens any fundamental right by concluding there is not even a rational basis (the minimum standard for the constitutionality of any law) for this law, as its sole effect is to deny same sex couples the designation of marriage.

We appreciate the lower court’s caution not to extend our fundamentalrights jurisprudence beyond precedent. However, we are positioned to elaborate fundamental constitutional …

Not So Common (Law) Marriage: Notes From A Blue State, Tom Andrews

Articles

One of the continuing challenges for American marital property law in the twenty-first century, broadly understood, is what to do about property disputes between domestic partners who are not married. More precisely, the challenge is determining what to do when there are property disputes between unmarried intimate partners, whether heterosexual or homosexual. From what I can tell, this is as much of a challenge in Texas as it is in the rest of the country.

In the northwest corner of the country, we have a set of attitudes that, like many social and cultural norms, have found their way into …

Tort Liability In The Age Of The Helicopter Parent, Elizabeth G. Porter

Articles

Discussions of parental liability by courts and legal scholars are often tinged with fear: fear that government interference will chill parental autonomy; fear that parents will be held liable for their children’s every misdeed; and, recently, fear that a new generation of so-called “helicopter parents” who hover over their children’s every move will establish unrealistically high legal standards for parenting. However, in the context of common law suits against parents, these fears are misguided. To the contrary, courts have consistently shielded wealthier parents — those most likely to be defendants in civil suits — from exposure to liability for conduct …

Constitutional Provisions Making Sharia “A” Or “The” Chief Source Of Legislation: Where Did They Come From? What Do They Mean? Do They Matter?, Clark B. Lombardi

Articles

The constitutions of many Arab countries provide that Islamic law ("shari'a") is a "source" of national law. Indeed, some make shari'a norms "a chief source," of state law. Other stronger provisions even declare them to be "the chief source" or "the only source" of legislation. There has been surprisingly little historical scholarship about these clauses, either in Arabic or in Western languages. There has also been almost no systematic comparative scholarship looking at the way that these clauses have been interpreted in different countries. In both Western scholarship and in popular Arab discourse one finds considerable confusion about where these …

Emergency Response: A Systemic Approach To Diaper Rash, Chest Pain, And Medicaid In The Ed, Sallie Thieme Sanford [email protected]

Articles

In an effort to rein in health care costs, states have focused on non-emergent use of the Emergency Department (ED) by people with Medicaid coverage, although this is an issue that cuts across payor groups. Particularly in light of the Affordable Care Act insurance expansions, I argue for a system-based approach that views ER overutilization as less a reflection of poor judgment on the part of patients and more a consequence of poor access to primary care and poor systems for managing the complex circumstances of high utilizers. I describe a state program of seven “best practices,” and argue that …

Powerless Against Police Brutality: Felon’S Story, Tamara F. Lawson

Articles

Imagine driving to the store with friends, but while en route, you are shot and beaten by the police so severely that random citizen witnesses intervene to stop the police brutality. Next, envision recovering from these injuries and awakening from a coma chained to your hospital bed informed that you are under arrest for attempted murder of a police officer. Then, consider waiting over five years for the opportunity to tell your story to the court, believing justice will be served, but instead you discover that the trial is more influenced by the revelation of your prior criminal record than …

Patent Prudential Standing, Xuan-Thao Nguyen

Articles

This Article is the first to focus on patent prudential standing. Patent prudential standing, a creation of the Federal Circuit, wastes precious resources and serves no sound policy goal. Under patent prudential standing, after many resources have been expended on the merits of a patent infringement case, parties face a reversal of course by the Federal Circuit’s ruling that the plaintiff, typically the exclusive licensee in a patent transaction, lacked standing to bring the case in the first place. Regardless that the plaintiff satisfies constitutional standing, the Federal Circuit propounds that the plaintiff must still meet patent prudential standing. The …