Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2014

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 42541 - 42570 of 49363

Full-Text Articles in Entire DC Network

Safety Over Semantics: The Case For Statutory Protection For Domestic Violence Asylum Applicants., Spencer Kyle Jan 2014

Safety Over Semantics: The Case For Statutory Protection For Domestic Violence Asylum Applicants., Spencer Kyle

The Scholar: St. Mary's Law Review on Race and Social Justice

Women and children make up the vast majority of the world’s refugee population. However, in the United States, the majority of successful applicants are men. Asylum seekers who assert claims of domestic violence are largely unsuccessful. The current immigration laws do not take gender into account when determining societal factors for obtaining asylum. People often misinterpret most foreign domestic violence allegations as differences of religion or cultural practices. Many believe domestic violence against women is solely a private issue and not the product of a political or social system designed to make women inferior to men. This dichotomy allows people …

Go to article

Yearning To Be Free: Advancing The Rights Of Undocumented Children Through The Improvement Of The Special Immigrant Juvenile (Sij) Status Procedure., Jared Ryan Anderson Jan 2014

Yearning To Be Free: Advancing The Rights Of Undocumented Children Through The Improvement Of The Special Immigrant Juvenile (Sij) Status Procedure., Jared Ryan Anderson

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Go to article

Toward A Transformative Equality: A Comparison Of South Africa's And The United States' Constitutional Equality Doctrines., Christina Lee Jan 2014

Toward A Transformative Equality: A Comparison Of South Africa's And The United States' Constitutional Equality Doctrines., Christina Lee

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Go to article

A Decade's Legacy: Dashed Hopes For Gender Equality And The Status Of Afghan Women In Light Of The Ensuing Drawdown., Meredith B. English Jan 2014

A Decade's Legacy: Dashed Hopes For Gender Equality And The Status Of Afghan Women In Light Of The Ensuing Drawdown., Meredith B. English

The Scholar: St. Mary's Law Review on Race and Social Justice

This Comment addresses the legal structures which need to be supported in order to ensure substantial gender equality after allied forces withdraw from Afghanistan. After 2013, justice for abused women in Afghanistan stalled. Research suggests women’s rights and peace in Afghanistan are directly related. The presence of the Taliban and their restrictive rules has many Afghan women fearing for their lives and for the loss of decades of progress in the women’s rights movement. Leaders in Afghanistan must acquire a more liberal interpretation of Sharia law, while staying within the boundaries of the religious and ethnic traditions of the culture. …

Go to article

Citizen Suits And The Deepwater Horizon Oil Spill: An Assessment Of Multidistrict Litigation And The Fifth Circuit Court Of Appeals' Decision In Center For Biological Diversity, Inc. V. Bp America Production Co., Johnathan Ashton Jan 2014

Citizen Suits And The Deepwater Horizon Oil Spill: An Assessment Of Multidistrict Litigation And The Fifth Circuit Court Of Appeals' Decision In Center For Biological Diversity, Inc. V. Bp America Production Co., Johnathan Ashton

The Scholar: St. Mary's Law Review on Race and Social Justice

The Deepwater Horizon oil spill in 2010 brought numerous environmental lawsuits in the United States as a result of the destruction of local economies whose livelihood relied on the now damaged ecosystems. Due to negligence by two of the highest-ranking supervisors, BP pled guilty to criminal charges brought against them. Their actions resulted in the deaths of eleven men working on the rig when it exploded, as well as the resulting oil spill into the Gulf of Mexico. This plea resulted in four billion dollars of fines and penalties. However, this case proved that private citizens need a way to …

Go to article

Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler Jan 2014

Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler

Law Student Publications

Part I presents background on the ethanol industry and the implementation and development of the RFS. It also gives a brief overview of the non-water-related reasons that have led various sectors of the economy to oppose ethanol. Part II provides an overview of ethanol production (from cornfield to refinery) and the impact each stage of the process has on freshwater resources in the United States. Given the harm that the current RFS has caused by failing to consider the impact of the ethanol production process on our nation's freshwater resources, a policy change needs to happen. Yet there are some …

Go to article

Administrative Law, John R. Mohrmann Jan 2014

Administrative Law, John R. Mohrmann

Law Student Publications

This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA''), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.

Go to article

Extrinsic Evidence, Parol Evidence, And The Parol Evidence Rule: A Call For Courts To Use The Reasoning Of The Restatements Rather Than The Rhetoric Of Common Law, Timothy Archer, Shalayne Davis, David G. Epstein Jan 2014

Extrinsic Evidence, Parol Evidence, And The Parol Evidence Rule: A Call For Courts To Use The Reasoning Of The Restatements Rather Than The Rhetoric Of Common Law, Timothy Archer, Shalayne Davis, David G. Epstein

Law Student Publications

This article is an example of what Professor Richard Epstein would call "Contracts small." According to Professor Richard Epstein, "'Contracts small' relates to contract law at the doctrinal level; it focuses on the rules of contract formation and performance; the everyday 'stuff of lawyer's law.' "This article looks to the Restatement of Contracts (hereafter "Restatement") and the Restatement (Second) of Contracts (hereafter "Restatement Second") for answers to the questions raised by the two problems. The Restatements generally have both been praised and condemned for their focus on doctrinal issues-on what Richard Epstein calls the "everyday stuff of lawyer's law." As …

Go to article

It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous Jan 2014

It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous

Law Student Publications

This comment analyzes the various potential legal approaches to dealing with revenge porn and posits that a federal law criminalizing the dissemination of revenge porn is necessary to combat this growing trend. Part II provides background information on revenge porn and further analyzes how the successful relationship between technology and pornography led to the rise of revenge porn. Part III analyzes the different civil remedies currently available to revenge porn victims and argues these are not practicable solutions. Part IV discusses the current state laws criminalizing revenge porn and the legal challenges faced by those affected by revenge porn and …

Go to article

Lighting A Fire Under Free Speech: The Fda's Graphic Attempts To Reduce Smoking Rates, Ashley Peterson Jan 2014

Lighting A Fire Under Free Speech: The Fda's Graphic Attempts To Reduce Smoking Rates, Ashley Peterson

Law Student Publications

This article explores whether a graphic warning is possible or preferable in the government's fight against tobacco. Part II outlines a brief history of tobacco regulation in the United States. Part III turns to the Family Smoking Prevention and Tobacco Control Act (FSPTCA) and the FDA's initial rulemaking process. Part IV outlines the doctrine of commercial free speech, and Part V discusses why the Rule faced insurmountable challenges under this jurisprudence. Part VI explores how the FDA may overcome these hurdles in its future rulemaking, while Part VII discusses alternative methods through which the government can pursue its anti-tobacco agenda …

Go to article

The Corporate Attorney As “Internal” Gatekeeper And The In Pari Delicto Defense: A Proposed New Standard, Kevin H. Michels Jan 2014

The Corporate Attorney As “Internal” Gatekeeper And The In Pari Delicto Defense: A Proposed New Standard, Kevin H. Michels

St. Mary's Journal on Legal Malpractice & Ethics

This Article begins by proposing a distinction between the corporate lawyer’s “internal” and “external” gatekeeping role in order to focus on the special challenge posed by the former. As internal gatekeeper, the corporation lawyer is charged with the restraint of the corporation’s executives and other employees to prevent harm to the lawyer’s corporation client. The external gatekeeper, by contrast, restrains the client to prevent harm to third parties. While each gatekeeping role presents challenges in defining the duties and liability of attorneys, the internal-gatekeeping role is subject to a special defense that can insulate attorneys from liability. Attorneys can interpose …

Go to article

Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law., Marialyn Barnard, Lorien Whyte, Emmanuel Garcia Jan 2014

Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law., Marialyn Barnard, Lorien Whyte, Emmanuel Garcia

St. Mary's Law Journal

It is important for all Texas lawyers to be knowledgeable about mandamus relief. Unfortunately, there is no bright line rule in terms of mandamus relief. The general rule for when mandamus relief may be granted is when the trial court clearly abused its discretion, and there is not an adequate remedy available from a court of appeals. A clear of abuse of discretion is determined if no other trial court would have come to the same conclusion. In deciding if mandamus relief is proper, appellate courts apply a balancing test. The appellate court considers several factors including: preserving relator’s substantive …

Go to article

The Computer Fraud And Abuse Act: An Attractive But Risky Alternative To Texas Trade Secret Law., Paul Hanna, Matthew Leal Jan 2014

The Computer Fraud And Abuse Act: An Attractive But Risky Alternative To Texas Trade Secret Law., Paul Hanna, Matthew Leal

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Mandamus Review Of The Granting Of The Motion For New Trial: Lost In The Thicket., Richard E. Flint Jan 2014

Mandamus Review Of The Granting Of The Motion For New Trial: Lost In The Thicket., Richard E. Flint

St. Mary's Law Journal

A trial court’s broad discretion in granting a new trial has been one of the mainstays of Texas jurisprudence since early statehood. Historically, this discretion was not subject to review through the ordinary appellate processes. This principle remains inviolate today, as the granting of a new trial is an interlocutory order from which the appellate courts of Texas do not have jurisdiction. Furthermore, the use of an original mandamus proceeding to compel a trial court to set aside the granting of a new trial has had only limited application. However, in response to the case of In re Columbia Medical …

Go to article

A Guide To Properly Using And Responding To Requests For Admission Under The Texas Discovery Rules., Robert K. Wise, Katherine Hendler Jan 2014

A Guide To Properly Using And Responding To Requests For Admission Under The Texas Discovery Rules., Robert K. Wise, Katherine Hendler

St. Mary's Law Journal

This article’s purpose is to provide a guide for properly using and responding to requests for admission under the Texas discovery rules. Requests for admission are an extremely effective discovery tool when used and responded to properly. Their use can save litigants considerable time and expense by eliminating and narrowing the issues involved in the cause of action. Often misunderstood, requests for admission are perhaps the least used of the major discovery devices available to litigants. Even though requests for admission have the potential to eliminate unnecessary proof at trial, streamline discovery and motion practice, and reduce pretrial and trial …

Go to article

A Statute Overtaken By Time: The Need To Reinterpret Federal Rule Of Evidence 803(8)(A)(Iii) Governing The Admissibility Of Expert Opinions In Government Investigative Reports., Edward J. Imwinkelried Jan 2014

A Statute Overtaken By Time: The Need To Reinterpret Federal Rule Of Evidence 803(8)(A)(Iii) Governing The Admissibility Of Expert Opinions In Government Investigative Reports., Edward J. Imwinkelried

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

The Accommodation Doctrine Revisited: Implications In Law And In Policy., Courtney R. Potter Jan 2014

The Accommodation Doctrine Revisited: Implications In Law And In Policy., Courtney R. Potter

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Workers Disarmed: The Campaign Against Mass Picketing And The Dilemma Of Liberal Labor Rights, Ahmed A. White Jan 2014

Workers Disarmed: The Campaign Against Mass Picketing And The Dilemma Of Liberal Labor Rights, Ahmed A. White

Publications

In the late 1930s and early 1940s, mass picketing, characterized by large numbers of workers congregating in common protest at or near their employers' establishments, emerged as a crucial weapon in a historic campaign by American workers to realize basic labor rights and build an enduring labor movement in the face of strident resistance from a powerful business community. So potent a weapon did mass picketing prove that these business interests, aided by allies at all levels of government, moved quickly to ban the tactic. From the real-world complexities of labor conflict, this coalition forged a simplistic, analytically dubious, but …

Go to article

Health Care, Title Vi, And Racism's New Normal, Dayna Bowen Matthew Jan 2014

Health Care, Title Vi, And Racism's New Normal, Dayna Bowen Matthew

Publications

No abstract provided.

Go to article

Hypohydration During Prolonged Exercise In The Heat / Ler Hui Yin, Hui Yin Ler Jan 2014

Hypohydration During Prolonged Exercise In The Heat / Ler Hui Yin, Hui Yin Ler

Student Works (2010-2019)

This thesis investigated the effect of hypohydration during prolonged exercise in the heat and the adjustments in the thermoregulatory and cardiovascular control. Four inter-related studies were undertaken. Study One was an observational field study designed to determine the hydration status and practices of elite Kenyan runners (n=11) during competitive distance running events in a tropical environment. Our results show that the elite endurance runners completed their races in warm, very humid climatic conditions with ~3% body weight (BW) loss. They completed their races as the fast finishers in this present study but ran slower than they were capable because of …

Go to article

Developing A Model Of Patient Values In Medical Decision Making: A Qualitative Inquiry Into Insulin Initiation In Type 2 Diabetes / Lee Yew Kong, Yew Kong Lee Jan 2014

Developing A Model Of Patient Values In Medical Decision Making: A Qualitative Inquiry Into Insulin Initiation In Type 2 Diabetes / Lee Yew Kong, Yew Kong Lee

Student Works (2010-2019)

Developing a model of patient values in medical decision making: A qualitative inquiry into insulin initiation in type 2 diabetes Background: Shared decision making (SDM) is a medical decision making model where at least two parties (for example, patient and doctor) share information and values in order to build consensus on the preferred treatment to implement. Patient values are the most mentioned element in definitions of SDM. However, there is no agreed definition of patient values in both SDM and the larger field of medical decision making. Therefore, this study aimed to develop a model of patient values using insulin …

Go to article

Characterisation And Evaluation Of Pregelatinised Sago Starch As Direct Compression Materials / Riyanto Teguh Widodo, Riyanto Teguh Widodo Jan 2014

Characterisation And Evaluation Of Pregelatinised Sago Starch As Direct Compression Materials / Riyanto Teguh Widodo, Riyanto Teguh Widodo

Student Works (2010-2019)

This study aimed to produce new directly compressible materials from a local sago starch. The sago starch was pregelatinised at 65°C with four different heating times followed by oven drying. The pregelatinised sago starches (PS) were evaluated as directly compressible materials including their properties at molecular, particle and powder level in addition to their functional properties in directly compressible Paracetamol tablet formulations. Analysis of FT-IR and 13CNMR spectra revealed that pregelatinisation did not alter the chemical structure of sago starch. XR-D patterns of sago starch showed characteristics of C-type while PS exhibited A-type, as the degree of crystallinity decreased with …

Go to article

Comparing Job Satisfcation Among Registered Nurses In An Iranian Hospital And A Malaysian Hospital / Narges Atefi, Narges Atefi Jan 2014

Comparing Job Satisfcation Among Registered Nurses In An Iranian Hospital And A Malaysian Hospital / Narges Atefi, Narges Atefi

Student Works (2010-2019)

Job satisfaction is a critical factor in health care. Strong empirical evidence supports a causal relationship between job satisfaction, patient safety and quality of care. A sequential explanatory mixed-methodology based on Herzberg’s motivation-hygiene theory was employed to identify the factors which influence job satisfaction among Malaysian and Iranian nurses. Proportionate samples of 416 nurses from one large hospital in Malaysia and 397 nurses from a large hospital in Iran were recruited in the initial quantitative phase. A Modified Index of Work Satisfaction (MIOWS) questionnaire consisting of nine components (autonomy, task requirement, work interaction, professional development, supportive nursing management, decisionmaking, professional …

Go to article

The Effectiveness Of Applying Different Permissible Exposure Limits In Preserving Hearing Threshold Level Among Automobile Industry Workers: An Intervention Study / Balachandar A/L S. Sayapathi, S.Balachandar Sayapathi Jan 2014

The Effectiveness Of Applying Different Permissible Exposure Limits In Preserving Hearing Threshold Level Among Automobile Industry Workers: An Intervention Study / Balachandar A/L S. Sayapathi, S.Balachandar Sayapathi

Student Works (2010-2019)

Introduction The occurrence of occupational noise-induced hearing loss has doubled from 120 million to 250 million in a decade. Countries such as Malaysia, India and the US are adopting 90 dBA as the permissible exposure limit. The aim of this study was to assess the effectiveness of applying 85 and 90 dBA in preserving hearing thresholds and preventing the development of temporary threshold shifts. Methodology In this intervention study, 203 participants from two factories in an automobile industry were exposed to noise levels above the action level of 85 dBA in Factory 1 and 80 dBA in Factory 2, where …

Go to article

Development Of A Multiplex Pcr Detection System And Identification Of Binding Peptides For Human Plasmodium Species / Chew Ching Hoong, Ching Hoong Chew Jan 2014

Development Of A Multiplex Pcr Detection System And Identification Of Binding Peptides For Human Plasmodium Species / Chew Ching Hoong, Ching Hoong Chew

Student Works (2010-2019)

Malaria is one of the most serious global health challenges. Approximately 3.3 billion people live in malaria-endemic areas and the disease threatens the lives of more than one-third of the world’s population. Malaria is caused by an eukaryotic protozoa Plasmodium and transmitted through the bite of female Anopheles mosquito. The known causative agents of human malaria include Plasmodium vivax, P. falciparum, P. malariae, P. ovale, and recently included P. knowlesi which is recognized as a zoonotic parasite. Malaria is a treatable disease, however the disease can become severe, leading to morbidity if untreated, especially for infections by two potential fatal …

Go to article

A Legal Analysis On Law And Policy On Conservation Of Forest In Peninsular Malaysia / Adzidah Binti Yaakob, Adzidah Yaakob Jan 2014

A Legal Analysis On Law And Policy On Conservation Of Forest In Peninsular Malaysia / Adzidah Binti Yaakob, Adzidah Yaakob

Student Works (2010-2019)

Forest performs multiple functions and requires a diligent commitment to its conservation. This green cover in Peninsular Malaysia, although accounting for only a small percentage of the land area, shelters a unique range of biodiversity living within it. Nonetheless, this natural resource of Peninsular Malaysia appears to be dwindling, mostly as a result of the actions of humankind, even though this green cover is governed by sets of laws. The protected area, a status secured by the law, is apparently easily excised from the government gazette, and the status of permanent forest use is changed to non-permanent forest use, for …

Go to article

Secure Hardware Resource Monitoring, Usage Optimization And Affirmation For Database Operations In Virtualized Cloud Environment / Tan Chee Heng, Chee Heng Tan Jan 2014

Secure Hardware Resource Monitoring, Usage Optimization And Affirmation For Database Operations In Virtualized Cloud Environment / Tan Chee Heng, Chee Heng Tan

Student Works (2010-2019)

Hardware resource management is an important topic in Information Technology (IT) industry. This is due to the increasing demand of computing power by ever-evolving applications, especially those which are Service Level Agreement (SLA)-bound. Undeniably, hardware cost has reduced significantly in recent time. However this does not translate into saving in capital and operational costs of businesses as the computing resource requirement from new applications overwhelms the reduction in hardware cost. Hence, cloud computing paradigm evolved from conventional grid and utility computing, to provide for the aggressive computational demands. To better serve the hosting in cloud environments, particularly in industries where …

Go to article

Bone Age Assessment Using Hand And Clavicle X-Ray Images / Marjan Mansourvar, Marjan Mansourvar Jan 2014

Bone Age Assessment Using Hand And Clavicle X-Ray Images / Marjan Mansourvar, Marjan Mansourvar

Student Works (2010-2019)

Bone age assessment (BAA) is a method for evaluating the level of skeletal maturity to estimate the actual age of a person. It is usually performed manually by comparing an X-ray image of a left hand-wrist with an atlas, which contains a collection of images of known persons in the clinical procedure. The manual methods are based on analyzing special regions of the images of the hand bones or the whole bones of the images. Both approaches are prone to observation variability, time-consuming, and decision made on bone age is subjective. As a result, there is a pressing need to …

Go to article

Human Trafficking Policy Implementation: A Case Study Of Malaysia / Wan Nur Ibtisam Wan Ismail, Wan Nur Ibtisam Wan Ismail Jan 2014

Human Trafficking Policy Implementation: A Case Study Of Malaysia / Wan Nur Ibtisam Wan Ismail, Wan Nur Ibtisam Wan Ismail

Student Works (2010-2019)

Human trafficking is a complex global crime that exploits women, men and children. Due to the seriousness of the crime, Malaysia enacted the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act in 2007. Despite considering human trafficking to be a priority area for action through the enactment of the 2007 Act, Malaysia is still struggling in translating the intent of the policy into actual implementation. Hence, the study attempts to provide an understanding of human trafficking in Malaysia through the policy implementation lens. It analyses how human trafficking policy is being translated by bureaucratic implementers into action. The study adopts …

Go to article

The Physical Environment As A Three-Dimensional Textbook For Environmental Education In Malaysian Primary Schools / Kong Seng Yeap, Seng Yeap Kong Jan 2014

The Physical Environment As A Three-Dimensional Textbook For Environmental Education In Malaysian Primary Schools / Kong Seng Yeap, Seng Yeap Kong

Student Works (2010-2019)

Environmental education (EE) for primary schools in Malaysia is often linked to abstract representation in a featureless classroom. What has often been overlooked is the potential use of physical environment to enrich the EE experience. Instead of focusing on what is taught and how it is taught, equal attention should be given to the physical environment in which EE occurs. With the increased recognition that EE should find a special consideration in educational facilities design, a small, growing literature about the subject is emerging. Practitioners and scholars attempt to bond architecture and EE by designing physical environment as a threedimensional …

Go to article

First Prev Next Last