Digital Commons Network^™

Surprising Commons, Carol M. Rose

BYU Law Review

No abstract provided.

Texas Groundwater And Tragically Stable “Crossovers”, Zachary Bray

BYU Law Review

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for some …

Naming The Tragedy, Eric T. Freyfogle

BYU Law Review

No abstract provided.

Isolated Wetland Commons And The Constitution, Blake Hudson, Mike Hardig

BYU Law Review

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …

Summary Of City Of Reno V. Int’L Ass’N Of Firefighters, 130 Nev. Adv. Op. 100, Scott Lundy

Nevada Supreme Court Summaries

The Court concluded that the International Association of Firefighters’ (IAFF) grievance was not arbitrable under the parties’ collective bargaining agreement (CBA) because the CBA explicitly stated the City of Reno’s statutory right to lay off any employee due to a lack of funds. Thus, the district court did not have authority under NRS Chapter 38 to grant injunctive relief.

State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.

Are All Red Algal Parasites Cut From The Same Cloth?, Eric D. Salomaki, Christopher E. Lane

Biological Sciences Faculty Publications

Parasitism is a common life strategy throughout the eukaryotic tree of life. Many devastating human pathogens, including the causative agents of malaria and toxoplasmosis, have evolved from a photosynthetic ancestor. However, how an organism transitions from a photosynthetic to a parasitic life history strategy remains mostly unknown. This is largely because few systems present the opportunity to make meaningful comparisons between a parasite and a close free-living relative. Parasites have independently evolved dozens of times throughout the Florideophyceae (Rhodophyta), and often infect close relatives. The accepted evolutionary paradigm proposes that red algal parasites arise by first infecting a close relative …

Hamoked: Center For The Defense Of The Individual V. Minister Of Defense, Elyakim Rubinstein, Esther Hayut, Noam Sohlberg

Translated Opinions

The petition concerned the Respondents’ authority to employ reg. 119 of the Defence (Emergency) Regulations, 1945 (hereinafter: Reg.119 or the Regulation) in a manner that would permit the forfeiture, demolition and sealing off of the homes of those suspected of involvement in hostile activity against the State of Israel. The Petitioners sought a declaratory order stating that the use of Reg. 119 in that manner and for such purposes is unlawful, inasmuch as, in their view, it contravenes international law and Israeli constitutional and administrative law.

The High Court of Justice (per Justice E. Rubinstein, Justices N. Sohlberg and …

Intermedial Strategies Of Memory In Contemporary Novels, Sara Tanderup

CLCWeb: Comparative Literature and Culture

In her article "Intermedial Strategies and Memory in Contemporary Novels" Sara Tanderup discusses a tendency in contemporary literature towards combining intermedial experiments with a thematic preoccupation with memory and trauma. Analyzing selected works by Steven Hall, Jonathan Safran Foer, and Judd Morrissey and drawing on the theoretical perspectives of N. Katherine Hayles (media studies) and Andreas Huyssen (cultural memory studies), Tanderup argues that recent intermedial novels reflect a certain nostalgia celebrating and remembering the book as a visual and material object in the age of digital media while also highlighting the influence of new media on our cultural understanding and …

Queer Hybridity And Performance In The Multimedia Texts Of Arroyo And Lozada, Ed Chamberlain

CLCWeb: Comparative Literature and Culture

In his article "Queer Hybridity and Performance in the Multimedia Texts of Arroyo and Lozada" Ed Chamberlain examines the unconventional writing of Puerto Rican writers Rane Arroyo and Ángel Lozada. Arroyo and Lozada craft texts which can be interpreted as performances and these performative texts blend internet-based writings with more traditional genres including the novel and poetry. Arroyo's and Lozada's stylistic approaches exhibit a queer sensibility which resembles the way in which Latina/o queer people construct and perform their cultural identities. Chamberlain argues that these queer performances suggest we can neither create nor identify absolute truth in matters of identity …

How Toni Morrison's Facebook Page Re(Con)Figures Race And Gender, Beatriz Revelles-Benavente

CLCWeb: Comparative Literature and Culture

In her article "How Toni Morrison's Facebook Page Re(con)figures Race and Gender" Beatriz Revelles-Benavente explores Morrison's Facebook page and comments on it. In 2010, Morrison opened a Facebook page where she received a large amount of comments and created debates and Revelles-Benavente analyses how these comments navigate questions of race and gender. Based on theoretical considerations about issues of race and gender in cyberculture and applied to the narratives posted on Morrison's Facebook page, Revelles-Benavente argues that the problematics of race and gender are relational and the question needs to be centered on the object of study as the relation …

Electronic Literature In China, Jinghua Guo

CLCWeb: Comparative Literature and Culture

In her article "Electronic Literature in China" Jinghua Guo discusses how the reception and the critical contexts of production of online literature are different in China from those in the West despite similar developments in digital technology. Guo traces the development of Chinese digital literature, its history, and the particular characteristics and unique cultural significance in the context of Chinese culture where communality is an aspect of society. Guo posits that Chinese electronic literature is larger than such in the West despite technical drawbacks and suggests that digitality represents a positive force in contemporary Chinese culture and literature.

The Canon And Shakespeare's Plays On The Contemporary East Asian Stage, I-Chun Wang

CLCWeb: Comparative Literature and Culture

In her article "The Canon and Shakespeare's Plays on the Contemporary East Asian Stage" I-Chun Wang argues that although globalization often refers to the phenomenon of international trade and (im)migrants, globalization has made strong impacts in all aspects of culture and literature. Shakespeare's Antony and Cleopatra and Julius Caesar have attracted attention of East Asian playwrights and directors in the last several years. By juxtaposing the trends of local cultural performing arts with representations of local cultural legacies, Wang discusses the staging of these two Roman plays in Japan, Taiwan, and Hong Kong. By probing into the imperial themes represented …

Race, Slavery, And The Re-Evaluation Of The T'Ang Canon, Gregory E. Rutledge

CLCWeb: Comparative Literature and Culture

In his article "Race, Slavery, and the Revaluation of the T'ang Canon" Gregory E. Rutledge re-evaluates—from the purview of African Diaspora literary studies—historiography that considers the place of East African slave lore in T'ang Dynasty fiction. Julie Wilensky's "The Magical Kunlun and 'Devil Slaves': Chinese Perceptions of Dark-skinned People and Africa before 1500" (2002), a revision of Chang Hsing-lang's "The Importation of Negro Slaves to China Under the T'ang Dynasty (A.D. 618-907)" (1930), is pivotal since it occupies the nexus between European-American, East-Asian, and African-Diasporic canons and policies. Rutledge situates Wilensky's and Chang's works in the context of Edward W. …

Well-Born: Black Women And The Infertility Crisis No One Is Talking About, Kaara Baptiste

Capstones

Black women are twice as likely to experience infertility than white women, but are less likely to seek treatment or to have successful fertility results once treated. Despite this alarming number, this topic is not often discussed, even among the black community. My narrative piece t tells the story of a black woman confronting her infertility diagnosis and the role her race played in her fertility treatment, while exploring the role racism and sexuality have had in keeping this issue in the shadows.

Happiness Is A Black Gun, Terence Cullen

Capstones

The AR15 is one of the most hated guns in the nation because all the mass shootings it is involved in. I set out to see how the gun was made, what it's like to shoot it and why people in the gun world loved it so much.

The Bitter Pill: How Second-Wave Feminism Failed, And Why It Doesn't Matter, Brianna Mcgurran

Capstones

It's not cool to be a feminist. It’s not anti-establishment to say you don’t identify with that label; now, it’s the status quo. Every time a celebrity like Katy Perry or Salma Hayek distances herself from feminism, blogs like Jezebel and Feministing pounce. But a few months ago I found out that all the back-and-forth doesn’t matter. The final verdict on second-wave feminism's success won’t be found in words spoken on the red carpet or in rejoinders on women’s blogs. The future of gender relations will be decided in an obscure corner of the Internet populated primarily by angry white …

Dead Women And White Men: Why Are Today’S Hit Noir Shows Still Stuck In The Gender/ Race Politics Of The ‘40s And ‘50s?, Zainab Akande

Capstones

Critically acclaimed TV noir programs such as “True Detective,” “House of Cards” and “Hannibal” provide complex narratives with compelling characters, but fail to take full advantage of gender & race diversity.

A Tale Of Two Knicks Teams, Madison Hartman

Capstones

I wrote a profile of the new NBA D-League team affiliated with the New York Knicks, the Westchester Knicks and how the two compare.

Out Of Reach, Benjamin Tenerella-Brody

Capstones

Months after the city agreed to make half of its taxi fleet accessible to people in wheelchairs, 219 West takes a look at the issue of subway accessibility, which has changed little since 1984. One disability-rights advocate takes us through the system, running into several obstacles. Others tell us why they think it is both immoral — and illegal.

No Waste: Nyc, Minda Smiley

Capstones

I produced three video pieces about people who are living zero-waste lifestyles or using zero-waste practices in their businesses. I also wrote a narrative piece about my experience living zero-waste for one week.

A Life On Pause, Briana Duggan

Capstones

These pieces explore the financial, emotional, and physical toll that women in New York with loved ones in prison must bear in order to maintain a relationship with their loved one. The series follows Heddy Chisholm, a 28-year-old mother of a disabled child who chooses to travel more than 400 miles every other week to visit her fiance, Terrence at a prison near the Canadian border.

Escape From Reality, Steven Trader

Capstones

On the first day, students learn how to pick locks. Instructions on day two include how to covertly navigate a city's streets. Then, on day three, students are kidnapped and must escape. This is the general premise of Rift Recon's Art of Escape training course in San Francisco and this is the story of how that program, started by Eric Michaud and Brian O'Shea, came to be.

Urgent Cares Outpace Health Policy In The U.S., Ashley Rodriguez

Capstones

More and more medical practices across the country are rebranding themselves as urgent care centers to meet the growing demand for fast, affordable health care. In many states, they are regulated like physicians groups. However, there is a debate brewing among health care policy experts and government officials over whether these centers should have their own regulations. Such oversight could help patients expecting acute care avoid confusion to such a degree that they receive poor treatment from professionals who aren’t prepared to offer emergency services, or delayed treatment because they are bounced around from facility to facility.

When You Can't Watch What You Eat: Examining The Fda’S Recall Process For Food Allergies, Jacob Passy

Capstones

Over a third of all recalls for food products in the United States occur due to an undeclared allergen. In these situations, a food product is often mislabeled or contaminated in some way, resulting in the unknown presence of allergen. For food-allergic consumers, a company's mistake can become life-threatening. By investigating data from the Food and Drug Administration, I found that supermarket chains are responsible for about a fifth of all recalls, and that many recalls occur past the product's expiration date. These factors point to the need to improve the FDA's handling of food allergies in food manufacturing.

Drip - Data Rich, Information Poor: A Concise Synopsis Of Data Mining, Muhammad Obeidat, Max North, Lloyd Burgess, Sarah North

Faculty Articles

As production of data is exponentially growing with a drastically lower cost, the importance of data mining required to extract and discover valuable information is becoming more paramount. To be functional in any business or industry, data must be capable of supporting sound decision-making and plausible prediction. The purpose of this paper is concisely but broadly to provide a synopsis of the technology and theory of data mining, providing an enhanced comprehension of the methods by which massive data can be transferred into meaningful information.

Energy Balance Of Triathletes During An Ultra-Endurance Event, Anna Barrero, Pau Erola, Raúl Bescós

School of Health Professions

No abstract provided.

Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller

Nevada Supreme Court Summaries

The Court determined (1) when stating a claim for a negligence action in which medical monitoring is sought as a remedy, a plaintiff may satisfy the injury requirement by alleging that additional medical monitoring is reasonably required beyond the standard recommendations.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Peeking Behind The Curtain: The Operations And Funding Priorities Of Rural Private Foundations, Dorothy Norris-Tirrell, Brandi Blessett, Claire Connolly Knox

The Foundation Review

This article examines the operations and funding priorities of rural private foundations in Florida, using data from the U.S. Census, the Urban Institute’s National Center for Charitable Statistics, and interviews with foundation leaders.

The study found that grantmaking by rural foundations is split between out-of-state and in-state giving, determined by the intent of a benefactor or the personal choices of a foundation founder and/ or family.

This finding presents opportunities for nonprofit organizations and community groups in rural counties to communicate community needs in order to retain a larger amount of foundation dollars in the foundation’s home state and county.