Digital Commons Network^™

Citizen Litigants Citizen Regulators: Four Cases Where Citizen Suits Drove Development Of Clean Water Law, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

One of the key innovations of the 1970s regulatory environmental revolution was the provision for citizen enforcement of regulatory standards. This innovation upset the previous bipolar regulatory model, which was a two-way negotiation between the regulated industries and the (often captive) regulatory agencies. By removing agency enforcement discretion as a means of underenforcing statutory norms, the citizens suit brought a new constituency to the regulatory bargaining table. The citizen suit had the intended effect of implementing a regime of full enforcement of the new environmental norms.

But the revolutionary effect of the newly minted citizen suit was not limited to …

The Resilience Principle, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Resilient self-help is essential in coping with life’s upsets. This essay explores the prospect of recognizing Resilience as a Principle of Law. The propositions set forth here were debated at two conferences held in Brasilia, in December of 2013. The first, for legislators, was convened in the Senate of Brazil by the National Congress’ Joint Permanent Committee on Climate Change, and the second, for judges, was convened by the Federal Judicial Council’s Judicial Studies Center (Conselho da Justiça Federal Centro de Estudos Judiciários) and the High Court of Brazil (Superior Tribunal de Justiça). This eJournal of the IUCN Academy of …

Plain Meaning, Precedent, And Metaphysics: Interpreting The “Pollutant” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

This Article, the second in a series of five, examines the meaning of “pollutant” under the Clean Water Act. Congress and EPA have defined “pollutant” to mean a list of specific substances and broad categories of materials and wastes discharged into water, e.g., “biological materials” and “chemical wastes.” The definition is broad enough to encompass virtually all substances associated with human activity that are discharged to water, regardless of whether the substances cause pollution or are produced through human endeavor. Therefore, “pollutant” is rarely a limiting element. Instead, the issues with the definition of “pollutant” primarily address whether it includes …

Anonymity, Faceprints, And The Constitution, Kimberly L. Wehle

All Faculty Scholarship

Part I defines anonymity and explains that respect for the capacity to remain physically and psychologically unknown to the government traces back to the Founding. With the advent and expansion of new technologies such as facial recognition technology (“FRT”), the ability to remain anonymous has eroded, leading to a litany of possible harms.

Part II reviews the existing Fourth and First Amendment doctrine that is available to stave off ubiquitous government surveillance and identifies anonymity as a constitutional value that warrants more explicit doctrinal protection. Although the Fourth Amendment has been construed to excise surveillance of public and third-party information …

Restating Childhood, Susan Relich Appleton

Brooklyn Law Review

No abstract provided.

Why There Should Be No Restatement Of Environmental Law, Dan Tarlock

Brooklyn Law Review

No abstract provided.

Restatement Of Place, Mae Kuykendall

Brooklyn Law Review

No abstract provided.

Paranoid Schizophrenia In The Media, Sarah Pawlicki

A with Honors Projects

This research paper first gives an overview of the causes of paranoid schizophrenia, the types of schizophrenia, the diagnostic criteria for paranoid schizophrenia, and the symptoms of paranoid schizophrenia. It then discusses four films' portrayals of paranoid schizophrenia discussing what aspects of the disorder are actually represented and what aspects aren't.

Dish And Pot: Scatology And Liminal Space In Samuel Beckett, Keegan Bradford

Masters Theses

In the final novel of Samuel Beckett's trilogy, The Unnamable, the eponymous main character whose monologues, musings, and diatribes comprise the entirety of the work bemoans his inability to harness the communicable properties of language: "...it's like shit, there we have it at last, there it is at last, the right word, one has only to seek, seek in vain, to be sure of finding in the end, it's a question of elimination" (Three Novels 368). Beckett's work is consumed with this question of elimination. In this sense, language is parallel to scat in Beckett's work. Beckett's absurd language, circular …

Cultural Perceptions Of Human Intelligence, Ebinepre A. Cocodia

Arts Papers and Journal Articles

This paper analyzes notions of culture and human intelligence. Drawing on implicit and explicit theory frameworks, I explore discourses about perceptions of intelligence and culture. These include cultural perceptions and meanings of intelligence in Asia, Africa and Western cultures. While there is little consensus on what intelligence really means from one culture to the next, the literature suggests that the culture or sub culture of an individual will determine how intelligence is conceived. In conclusion, the view is that culture and intelligence are interwoven.

Ammonia Measurements And Emissions From A California Dairy Using Point And Remote Sensors, K. D. Moore, E. Young, C. Gurell, M. D. Wojcik, R. S. Martin, G. E. Bingham, R. L. Pfeiffer, J. H. Prueger, J. L. Hatfield

Space Dynamics Laboratory Publications

Ammonia (NH3) is an important trace gas species in the atmosphere that can have negative impacts on human, animal, and ecosystem health. Agriculture has been identified as the largest source of NH3, specifically livestock operations. NH3 emissions from a commercial dairy in California were investigated during June 2008. Cattle were held in open-lot pens, except for young calves in hutches with shelters. Solid manure was stored in the open-lot pens. Liquid manure from feed lanes was passed through a solids settling basin and stored in a holding pond. Passive sensors and openpath Fourier transform infrared spectrometers (OP-FTIR) were deployed around …

An Examination Of Music's Effects On Athletic Performance, Patrick Ford

A with Honors Projects

This paper is an investigation of how music can impact athletic performance and the biological pathways that it acts through.

Narratives In Conflicts: Alaska Natives And Offshore Drilling In The Arctic, Michael Burger

Sabin Center for Climate Change Law

This Symposium Essay examines and elucidates the ways in which the narrative constructions that constitute the “imaginary Arctic” factor into litigation surrounding Shell Oil’s highly controversial attempts to drill for oil and gas in the Beaufort and Chukchi seas off Alaska’s North Slope. Judges, lawyers and litigants involved in the Shell litigation have deployed a number of well-established storylines against each other: the Arctic as Classical Frontier, the Arctic as Spiritualized Frontier, the Arctic as Ancestral Homeland, the Arctic as Developing World, and the Arctic as Neutral Space. The litigation literature produced by this “battle for the Arctic” offers an …

Importance Of Remission And Residual Somatic Symptoms In Health-Related Quality Of Life Among Outpatients With Major Depressive Disorder: A Cross-Sectional Study, Jong-Min Woo, Jin Jeon, Eunsun Noh, Hyo-Jin Kim, Sun Woo Lee, Kyung Kyu Lee, Sung Hwan Kim, Jin Pyo Hong

Pharmacy Practice and Clinical Research Faculty Publications

Background: Major depressive disorder (MDD) is strongly associated with an impaired quality of life (QoL), which is itself affected by various factors. Symptom-oriented ratings poorly reflect the impact of disease on the QoL and level of functioning of the mental health of subjects. The purpose of this study was to assess health-related QoL (HRQoL) using preference-based measures in outpatients with MDD with regard to their remission achievement and clinical factors affecting the HRQoL.

Methods: This was a cross-sectional observational study. We recruited 811 patients with MDD from 14 psychiatric outpatient clinics in Korea. They were divided into three …

Counseling Women And Men Regarding Exposures To Reproductive And Developmental Toxicants Before Conception Or Women During Pregnancy: Determining Whether The Exposure Has Increased Their Reproductive Or Developmental Risks, Robert L. Brent Dr.

The Selected Works of Robert Brent

No abstract provided.

Urgent Global Opportunities To Prevent Birth Defects., Robert L. Brent Dr.

The Selected Works of Robert Brent

No abstract provided.

Cyber Warfare And The Jus Ad Bellum Challenges: Evaluation In The Light Of The Tallinn Manual On The International Law Applicable To Cyber Warfare, Ido Kilovaty

American University National Security Law Brief

No abstract provided.

A Principal Component Analysis Of Vertical Temperature Profiles For Tracking Movements Of Swordfish Xiphias Gladius, Kathryn G. Carmody

HCNSO Student Theses and Dissertations

Electronic pop-up satellite archival tag (PSAT) technology has been successfully used to monitor the at-large behavior of a suite of pelagic animals, especially regarding habitat utilization. Additionally, algorithms using ambient light-level data have allowed the derivation of geolocation estimates along the duration of the deployment. However, the diel behavior of swordfish moving below the photic zone during daylight hours precludes this methodology because of the lack of ambient light-level data. To produce deployment tracks for swordfish, a mathematical model was created to analyze hydrographic temperature and pressure data recorded by PSATs. This hydrographic-based model applies Principal Component Analysis (PCA) to …

The Role Of The Nurse In Family Coping After Miscarriage, Wesley Hannebaum

Celebration of Undergraduate & Graduate Research, Scholarship, and Creative Activities Materials

When a miscarriage occurs, it affects the entire family unit, making coping an important part of healing during this time. After miscarriage, women are at increased risk for developing mental disorders such as anxiety and depression. Miscarriage is seldom seen as a concern for the father of the lost child, and thus their feelings are often ignored. It is important for the nurse to know how to best help these men, women, and the rest of the involved family cope after miscarriage so they can move on in a healthy way. The following is a review of the literature to …

The Fate Of Nitrogen And Phosphorus From A Simulated Highway Cross-Section, Zuzanna Wasowska

Electronic Theses and Dissertations

Nutrient pollution as a result of excessive fertilizer application is of major concern for Florida's water resources. Excess fertilizer can be lost either via surface runoff or by leaching through the soil mass eventually reaching water bodies and leading to eutrophication. The focus of this study is to analyze the effect of low rainfall intensities and overland flow from an adjacent roadway surface on the loss of nutrients from two different fertilizers. This study focuses on the fate of the nitrogen and phosphorus present in fertilizers utilized by the Florida Department of Transportation for the stabilization of highway embankments. This …

Real Time Monitoring Of Cell-Nanoparticles Interaction And Tracking Internalization Process By Mechanical Probing Using Atomic Force Microscopy, Anh Ly

Electronic Theses and Dissertations

With extensive development of nanotechnology in last few years, scientists have discovered that nanoparticles (NPs) can be used as an efficient Drug Delivery System (DOS). In order to develop better NPs based drug delivery tool, it is imperative to understand the interaction between the NPs and the cell membrane. In our earlier studies, cerium oxide nanoparticles (CNPs) have been reported to have therapeutic properties, specifically against abnormalities associated with oxidative stress. Therefore, CNPs with different sizes and morphology were selected to understand the interaction with cell. We analyzed the mechanical property of human nasal septum tumor cells membranes using Atomic …

Learning From The Past: Why Termination Of A Non-Citizen Parent's Rights Should Not Be Based On The Child's Best Interest, Stacy Byrd

University of Miami Law Review

No abstract provided.

Identity Construction And Information Processing In A Coaching Relationship: The Effects Of Coach Behavior On Coachee Goal-Setting And Commitment, Christopher Coultas

Electronic Theses and Dissertations

Coaching (professional, business, executive, leadership) has been shown to be effective generally speaking, but questions remain regarding the explanatory mechanisms underlying coaching. I first propose a context-general model that unpacks the sociocognitive dynamics within coaching. The model explains the emergence of different types of coaching relationships, and how the nature of these relationships differentially determine coaching outcomes. Research and theory on social identity construction and information processing in dyads provides the foundation upon which I outline a model describing the process and dynamics of coaching identity emergence. Beyond this emergence, my proposed model states that the coachee's understanding of appropriate …

Plugging Up The Leaky Stem Pipeline With A Stereotype Threat Mentoring Intervention, Luiz Xavier

Electronic Theses and Dissertations

The present study compared the effectiveness of different mentoring programs at reducing feelings of stereotype threat experienced by women in science, technology, engineering, and math (STEM) fields. Stereotype threat refers to the extra pressure a person feels to disprove a negative stereotype that applies to him or her. Because stereotype threat has been found to undermine performance and interest in stereotyped domains, it may be a key factor contributing to female underrepresentation in STEM fields. Mentors and proteges were placed in either a stereotype threat reduction condition in which mentors and proteges were encouraged to participate in discussions designed to …

Bo42-5-Web.Pdf, Bird Observer

Bird Observer

No abstract provided.

Assessing The In Situ Fertilization Status Of Two Marine Copepod Species, Temora Longicornis And Eurytemora Herdmani; How Common Are Unfertilized Eggs In Nature?, Rachel S. Lasley-Rasher, Andrew M. Kramer, Victoria Burdett-Coutts, Jeannette Yen

Integrative Biology Faculty and Staff Publications

We utilized an egg staining technique to measure the in situ fertilization success of two marine copepod species, Temora longicornis and Eurytemora herdmani from May to October 2008 in coastal Maine and correlated fertilization success with environmental conditions in their habitat. T. longicornis is a free spawning species that releases eggs into the ambient seawater after mating. In contrast, E. herdmani carries eggs in an egg sac until they hatch. The proportion of fertilized eggs within E. herdmani egg sacs was significantly higher than the freely spawned clutches of T. longicornis. This may be a result of the asymmetrical costs …

Nuclear Import And Interactions Of Potato Yellow Dwarf Virus Nucleocapsid, Matrix, And Phosphoprotein, Gavin Lloyd Franklin Anderson

Theses and Dissertations--Plant Pathology

Potato yellow dwarf virus (PYDV) is the type species of the genus Nucleorhabdovirus and, like all members of this genus, replication and morphogenesis occurs inside the nuclei of infected cells. Protein localization prediction algorithms failed to identify a nuclear localization signal (NLS) in PYDV nucleocapsid (N) protein, although PYDV-N has been shown to localize exclusively to the nucleus when expressed as a green fluorescent protein (GFP):N fusion in plant cells. Deletion analysis and alanine-scanning mutagenesis identified two amino acid motifs, ⁴¹⁹QKR⁴²¹ and ⁴³²KR⁴³³, that were shown to be essential for nuclear import and interaction with …

Rna Sequence Determinants Of A Coupled Termination-Reinitiation Strategy For Translation Of Downstream Orf In Helminthosporium Victoriae Virus 190s And Other Victoriviruses (Family Totiviridae), Hua Li

Theses and Dissertations--Plant Pathology

Double-stranded RNA fungal virus Helminthosporium victoriae virus 190S (genus Victorivirus, family Totiviridae) contains two large open reading frames (ORFs) that overlap in the tetranucleotide AUGA. Translation of the downstream ORF, which encodes the RNA-dependent RNA polymerase (RdRp), was previously proposed to depend on ribosomal reinitiation following termination of the upstream ORF, which encodes the capsid protein. In this study, I provided evidence to confirm that coupled termination-reinitiation (stop-restart) is indeed used. A dual-fluorescence method was established to define the RNA sequence determinants for RdRp translation. Stop-restart depends on a 32-nt stretch of RNA sequence immediately upstream of the …

Ether Bridge Formation And Chemical Diversification In Loline Alkaloid Biosynthesis, Juan Pan

Theses and Dissertations--Plant Pathology

Loline alkaloids, found in many grass-Epichloë symbiota, are toxic or feeding deterrent to invertebrates. The loline alkaloids all share a saturated pyrrolizidine ring with a 1-amine group and an ether bridge linking C2 and C7. The steps in biosynthesis of loline alkaloids are catalyzed by enzymes encoded by a gene cluster, designated LOL, in the Epichloë genome. This dissertation addresses the enzymatic, genetic and evolutionary basis for diversification of these alkaloids, focusing on ether bridge formation and the subsequent modifications of the 1-amine to form different loline alkaloids.

Through gene complementation of a natural lolO mutant and comparison …

The Hidden Rise Of 'Efficient' (De)Listing, Zachary Bray

Maryland Law Review

No abstract provided.