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2014

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A Study Of Neutrophil Dysfunction Related Disorder In Malaysia: A Case Study On A X-Linked Chronic Granulomatous Disease In A Male Child / Hemahwathy D/O Chanthira Kumar, Hemahwathy Chanthira Kumar Jan 2014

A Study Of Neutrophil Dysfunction Related Disorder In Malaysia: A Case Study On A X-Linked Chronic Granulomatous Disease In A Male Child / Hemahwathy D/O Chanthira Kumar, Hemahwathy Chanthira Kumar

Student Works (2010-2019)

Chronic Granulomatous Disease (CGD) is a primary immunodeficiency disease (PID) in which the defect lies at the neutrophil intracellular killing step of the phagocytosis process. It is caused by a dysfunctional respiratory burst enzyme Nicotinamide Adenine Dinucleotide Phosphate (NADPH)-oxidase, a multi-protein complex making CGD a heterogeneous disease. X-linked CGD (X-CGD) is due to a mutation in the CYBB gene that codes for gp91-phox, while autosomal CGD is caused by mutations in genes that code for p22-phox, p47-phox, p67-phox, p40-phox and Rac2. The incidence of Klinefelter’s Syndrome and CGD occurring together is extremely rare. This study describes a family where the …

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Quantification Of Arsenic In Soil By Inductively Coupled Plasma – Optical Emission Spectrometry / Vickneswary A/P Letchmanan, Vickneswary Letchmanan Jan 2014

Quantification Of Arsenic In Soil By Inductively Coupled Plasma – Optical Emission Spectrometry / Vickneswary A/P Letchmanan, Vickneswary Letchmanan

Student Works (2010-2019)

In this study, determination of arsenic in soil samples was done by Inductively Coupled Plasma – Optical Emission Spectrometry. Soil from five different locations with three sampling points was collected. The location chosen were garden, dam, beach, construction and agriculture areas. A standard method was used for the sample preparation using HotBlockTM system. The highest arsenic concentrated found in the construction area (32.24 ± 0.02 mg/kg) and followed by agriculture (31.55 ± 0.03 mg/kg), garden (19.17 ± 0.02 mg/kg), dam (17.12 ± 0.01 mg/kg) and beach (1.73 ± 0.01 mg/kg).

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Stearic-Oleic Acid Nanocarriers For Cream Formulation / Woo Juin Onn, Juin Onn Woo Jan 2014

Stearic-Oleic Acid Nanocarriers For Cream Formulation / Woo Juin Onn, Juin Onn Woo

Student Works (2010-2019)

Lipid nanoparticles are colloidal carrier systems that have extensively been investigated for controlled drug delivery, cosmetic and pharmaceutical applications. In this work, a series of stearic-oleic acid nanoparticles (SON) with different oleic acid compositions were successfully prepared by melt-emulsification combined with ultrasonication method. The SONs prepared have average particle size range from 200 nm to 250 nm depends on the oleic acid concentration in the mixture. TEM micrographs showed that high oleic acid compositions in SON induced the formation of elongated spherical particles. Encapsulation efficiency of SONs increased from 50% to 70% for both salicylic acid and lidocaine as increasing …

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Proteomic-Based Profiling Of The Leaf Extracts Of Ficus Deltoidea / Amy Tan Bee Bee, Amy Bee Bee Tan Jan 2014

Proteomic-Based Profiling Of The Leaf Extracts Of Ficus Deltoidea / Amy Tan Bee Bee, Amy Bee Bee Tan

Student Works (2010-2019)

Ficus deltoidea is one of the well-known herbs in Malay traditional medicine. This plant is commonly known as Mas Cotek in Malaysia. According to traditional medicinal practitioners, the decoction of the plant is able to prevent and cure various ailments. Recent pharmacological studies suggested that the aqueous extract contains pharmacologically active constituents that support the traditional use of this plant. The aim of this study is to investigate and compare the protein present in F. deltoidea var. angustifolia (SL), F. deltoidea var. trengganuensis (ML) and F. deltoidea var. kunstleri (BL) leaves aqueous extract using proteomic techniques. In sample preparation, protein …

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Differential Expression Of Putative Clotting Protein Gene In Vibrio Parahaemolyticus Challenged Giant Fresh-Water Prawn, Macrobrachium Rosenbergii / Nazanin Ashgari Ziba, Nazanin Ashgari Ziba Jan 2014

Differential Expression Of Putative Clotting Protein Gene In Vibrio Parahaemolyticus Challenged Giant Fresh-Water Prawn, Macrobrachium Rosenbergii / Nazanin Ashgari Ziba, Nazanin Ashgari Ziba

Student Works (2010-2019)

The growth of the freshwater prawn industry has not reached its great heights compared to the marine shrimps because of agriculturists’ innate fear of disease that will hamper the growth of the industry. High concentrations of infectious microorganisms (yeast, viruses and bacteria) in crustaceans during hot and cool seasons have resulted in a huge decline in prawn farming. Vibriosis, early mortality syndrome (EMS) and gastroenteritis due to zoonotic outbreaks have been a major threat to the rapid expanding production of freshwater prawns. The innate immune defense which leads to a lot of possible solutions needs to be thoroughly investigated for …

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Analysis Of Total Mercury And Methyl Mercury In Marine Water And Fresh Water Fish Species / Nazirah Binti Ariffin, Nazirah Ariffin Jan 2014

Analysis Of Total Mercury And Methyl Mercury In Marine Water And Fresh Water Fish Species / Nazirah Binti Ariffin, Nazirah Ariffin

Student Works (2010-2019)

Total mercury and Methyl mercury analysis done by using Cold Vapor Atomic Absorption Spectrometer and Gas Chromatography Cold Vapor Atomic Fluorescence Spectrometer with limit of quantification of 10 ng/g and 0.64 ng/g. Certified reference material and laboratory control spike for total mercury meets a good recovery in average of 98% and 86% and for methyl mercury certified reference material and laboratory control spike of 99% and 97%. Total and Methyl mercury in fresh and marine water fish is species purchased from supermarket in Malaysia was determined. Marine water fish have average of total and methyl mercury of 107 ug/kg and …

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Development Of Nitrate Ion-Selective Electrode Sensor For Precision Agriculture / Norlaili Hanim Binti Nordin, Norlaili Hanim Nordin Jan 2014

Development Of Nitrate Ion-Selective Electrode Sensor For Precision Agriculture / Norlaili Hanim Binti Nordin, Norlaili Hanim Nordin

Student Works (2010-2019)

Nitrate ion-selective sensors (ISE) was fabricated for the purpose of small, low cost, onthe-go and real-time nitrate ion monitoring for precision agriculture (PA) and the performance was evaluated. The sensor was constructed on two types of printed circuit board (PCB) which are PCB with and without silver (Ag) layer. Two different carbons i.e. Electrodag (ED) and Jujo (J) were printed on these PCB electrode surface. All these carbon boards were characterized using potentiostat. PCB without Ag layer which modified with ED followed by J carbon paste had shown current peak of 0.0055 mA. Conducting polymer polypyrrole (PPy) was deposited on …

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Bio-Functionalization Of Lanthanide Phosphate Nanoparticles / Abbas Abdulameer Salman, Abbas Abdulameer Salman Jan 2014

Bio-Functionalization Of Lanthanide Phosphate Nanoparticles / Abbas Abdulameer Salman, Abbas Abdulameer Salman

Student Works (2010-2019)

A series of new surface modification reagents were synthesized and applied on LaPO4:Ce,Tb nanoparticles surfaces by postsynthetic and in-situ nanoparticle modification. The compounds comprise of an oligo-ethlyne glycol backbone that is connecting an organic phosphonate function (ester, acid or acid salt) and a reactive functional group (azide or alkyne), suitable for coupling with complimentary functionalized carbohydrates by cycloaddition in click chemistry fashion. The objective of this chemical functionalization of a nanoparticle is to attach a biological receptor that enables subsequent direction of the particle in the human body for related life science application, e.g. as radio-contrast reagent for the specific …

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Determination Of Metals: Nickel, Chromium, Copper, Zinc And Cadmium (Ni, Cr, Cu, Zn And Cd) In Crude Oil Samples / Nensirati Binti Supahan, Nensirati Supahan Jan 2014

Determination Of Metals: Nickel, Chromium, Copper, Zinc And Cadmium (Ni, Cr, Cu, Zn And Cd) In Crude Oil Samples / Nensirati Binti Supahan, Nensirati Supahan

Student Works (2010-2019)

Samples of crude oil from two different oil fields, North Lukut and Penara, off shore of Terengganu, Malaysia were analyzed for trace metals: cadmium, chromium, copper, nickel and zinc. There were five crude oil samples from North Lukut oil field and three crude oil samples from Penara. All of the crude oil samples were from different wells and undergo sample preparation via wet digestion by using mixture of concentrated acids which were sulphuric acid, nitric acid and hydrochloric acid. The digested crude oil samples were then analyze by atomic absorption spectrometry (AAS) analysis. The results showed that the highest concentration …

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Analysis Of Phenolics From Centella Asiatica And Vernonia Amygdalina And Their Role As Antibacterial And Antioxidant Compounds / Suzanna A/P Edgar, Suzanna Edgar Jan 2014

Analysis Of Phenolics From Centella Asiatica And Vernonia Amygdalina And Their Role As Antibacterial And Antioxidant Compounds / Suzanna A/P Edgar, Suzanna Edgar

Student Works (2010-2019)

Six species of Malaysian medicinal plants were selected on the basis of their known medicinal values. The plants chosen were Aloe vera - leaf and pulp, Azadirachta indica - leaf, Carica papaya - leaf, Centella asiatica - whole plant, Hymenocallis speciosa - leaf, tuber and root, Vernonia amygdalina - leaf and stem. Aqueous and ethanolic extract of the plant tissues were tested for their antimicrobial properties against five test microorganisms. Of the six plants tested, the aqueous and ethanolic extract of C. asiatica (whole plant) exhibited highly significant antimicrobial activity against the bacterial strains while the ethanolic extract of Vernonia …

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Study On The Impact Of Anthropogenic Pressure On Coral Reefs Around Cape Rachado, Malacca And Recommendations To Improve Its Management / Mohamed Faizan, Faizan Mohamed Jan 2014

Study On The Impact Of Anthropogenic Pressure On Coral Reefs Around Cape Rachado, Malacca And Recommendations To Improve Its Management / Mohamed Faizan, Faizan Mohamed

Student Works (2010-2019)

Coral reefs that occur in Malaysia are of global significance, and an important resource for the sustainable development of the country. One key step taken to conserve the coral reef resources in Malaysia, was the establishment of Fisheries Prohibited Areas (FPAs). Unfortunately, coral reef management measures are virtually non-existent at these areas, exposing the reefs to many pressures driven by the rapid development of the adjacent coastal areas. The limited understanding of the true economic value of coral reef ecosystems, is the main reason that sufficient resources are not appropriated and to manage and conserve this fragile yet important resource. …

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Effect Of Exogenous Gonadotrophin And Physical Condition Of Goat On Efficacy Of Superovulation And Embryo Transfer Techniques / Md. Rokibur Rahman, Md. Rokibur Rahman Jan 2014

Effect Of Exogenous Gonadotrophin And Physical Condition Of Goat On Efficacy Of Superovulation And Embryo Transfer Techniques / Md. Rokibur Rahman, Md. Rokibur Rahman

Student Works (2010-2019)

Present research was carried out with the main objective to determine the effect of different sources and combinations of gonadotrophin for superovulation on ovarian responses and subsequent embryo transfer (ET) performance in goats. A total of 5 experiments had been designed. In Experiment 1, effect of supplementation of human chorionic gonadotrophin (hCG) or gonadotrophin releasing hormone (GnRH) on ovulation and subsequent embryo production of equine chorionic gonadotrophin (eCG) superovulated does were evaluated. In Experiment 2, effect of supplementation of hCG or GnRH on ovulation and subsequent embryo production of follicle stimulating hormone (pFSH) superovulated does were evaluated. The suitable gonadotrophin …

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Characterization Of Potential Anti-Diabetic Related-Proteins From Pleurotus Pulmonarius (Fr.) Quel. (Grey Oyster Mushroom) / Nurul Azwa Abd Wahab, Abd Wahab Nurul Azwa Jan 2014

Characterization Of Potential Anti-Diabetic Related-Proteins From Pleurotus Pulmonarius (Fr.) Quel. (Grey Oyster Mushroom) / Nurul Azwa Abd Wahab, Abd Wahab Nurul Azwa

Student Works (2010-2019)

Diabetes mellitus is a chronic metabolic disorder due to carbohydrate, fat and protein metabolism disturbances, resulting from defects of insulin secretion (Type 1), increased cellular resistance to insulin (Type 2) or both. Diabetes is characterized by an abnormally high level of blood glucose (hyperglycemia) that leads to serious damage of the body organs. World Health Organization estimates almost 220 million people worldwide diagnosed by diabetes and likely to be doubled by the year 2030. Furthermore, untreated diabetes will contribute to complications such as heart disease, stroke, hypertension, nervous system disease and amputation. Currently, researchers approach for an alternative therapeutic for …

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A Transitivity Analysis Of Medical Brochures With A Focus On Cervical And Breast Cancer / Sakila Govindaraju, Sakila Govindaraju Jan 2014

A Transitivity Analysis Of Medical Brochures With A Focus On Cervical And Breast Cancer / Sakila Govindaraju, Sakila Govindaraju

Student Works (2010-2019)

This study analyzed four medical brochures consisting of Cervical Cancer and Breast Cancer. Medical brochures were chosen because they are important non-verbal tools that are used for creating awareness to the public about diseases. The study aimed to explore the transitivity choices used in medical brochures as well as the role of transitivity in creating meaning. The theory of Systemic Functional Linguistics by Hallidayan’s and Matthiessen’s (2004) is the theoretical framework of this study. The study also looked at Halliday (1994), Eggins’s (2004) Thompson (2004), Bloor and Bloor (2004) and Martin et al (1997) System of Transitivity. This study confines …

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Perpetuating Property: Exploitative Businesses, The Urban Poor, And The Failure Of Reform., David Ray Papke Jan 2014

Perpetuating Property: Exploitative Businesses, The Urban Poor, And The Failure Of Reform., David Ray Papke

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

Rent-to-own outlets, payday lenders, and title pawns should be banned. These industries exploit the urban poor by trapping them into a ceaseless debt cycle and are making the urban poor even poorer. Title pawns provide high-interest loans if would-be borrowers can produce the title to a motor vehicle. Payday lending allows consumers to get cash to buy commodities but are charged high interest rates. The rent-to-own business plays into the idea that consumer goods bring happiness and deceives urban poor with a way to close the gap in order to claim some degree of status. The urban poor who shop …

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Unsavory Associations - Placing Migrant Children In Harm's Way: The Withdrawal Of Child Labor Rules From The Fair Labor Standards Act., Guadelupe T. Luna Jan 2014

Unsavory Associations - Placing Migrant Children In Harm's Way: The Withdrawal Of Child Labor Rules From The Fair Labor Standards Act., Guadelupe T. Luna

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

Instances of youth injuries or death compelled the Department of Labor (DOL) to respond with proposed rules. The proposed Child Labor Regulations would have promoted parity between agricultural and non-agricultural child labor provisions. Lawmakers, however, erroneously mischaracterized the legislation as harmful to “family farms.” Strong opposition came from farming families and agri-industry representatives who argued that the proposed revisions would eliminate the “parental exemption” from the Fair Labor and Standards Act. As a result, DOL withdrew the proposed standards. The proposed rules would have increased safety standards and provided awareness of the dangers youths face in the agriculture industry. Children …

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Splitting The Baby Internationally: Evaluating The Least Restrictive Conundrum When Protecting Children From International Parental Abduction., Jason Nitz Jan 2014

Splitting The Baby Internationally: Evaluating The Least Restrictive Conundrum When Protecting Children From International Parental Abduction., Jason Nitz

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

International programs and federal legislation have proven insufficient in protecting parental child abduction victims. Unfortunately, the left-behind parent has inadequate remedies to order the return of their child. The Hague Convention on the Civil Aspects of International Child Abduction (Hague), an international treaty, facilitates the return of abducted children. Three exemptions, however, have been included in Hague and permit the foreign country to reject the request to return the abducted child. The exceptions, acclimation, fundamental principles, and grave risk, have been unpredictably used by foreign courts and hinder the success of returning the abducted child. Two examples of federal legislation …

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Teach The Women Well: Education Equality Is Key To Preventing Modern Day Slavery Of Women And Girls., Katharine A. Drummong Jan 2014

Teach The Women Well: Education Equality Is Key To Preventing Modern Day Slavery Of Women And Girls., Katharine A. Drummong

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

The key to ending modern-day slavery of women and girls requires placing further support for education initiatives in origin countries. A pro-education approach has yielded the greatest return. Since the beginning of civilization to the present, people have been trafficked and enslaved. Movements to abolish slavery gained momentum at the beginning of the nineteenth century: Great Britain outlawed slave trading in 1807, the United States abolished slavery in 1865, the League of Nations enacted a treaty calling for the end of slavery in 1926, and the efforts have strengthened in modern times. The United States’ Trafficking Victims Protection Act (TVPA) …

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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 …

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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.

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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.

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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. …

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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 …

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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 …

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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.

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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 …

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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 …

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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 …

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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 …

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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 …

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