Digital Commons Network^™

Hubbard V. State Appellant's Reply Brief Dckt. 41718

Not Reported

No abstract provided.

State V. Culley Appellant's Brief Dckt. 42109

Not Reported

No abstract provided.

Summary Of In Re: Cay Clubs, 130 Nev., 130 Nev. Adv. Op. 92, Adam Wynott

Nevada Supreme Court Summaries

The Court concluded that NRS 87.160(1) may impose partnership liability on a joint venture based on the partnership-by-estoppel doctrine and that the statute may apply to any claim that relies on the doctrine’s element of reasonable reliance. The Court clarified the statute’s meaning, stating that a partnership by estoppel requires (1) consent, manifested expressly or impliedly from the liable party’s conduct; (2) credit, not limited to financial credit, given by one party to the other; (3) and reasonable reliance by one party on the other party’s representation of a partnership or joint venture.

State V. Zunick: Second Guessing A First Impression, James Murnion

Montana Law Review Online

State v. Zunick presented the Montana Supreme Court with a question of first impression: what constitutes a proper colloquy under Montana Code Annotated § 46–12–211(4), and when must the colloquy occur? This statute governs the process of when a district court judge refuses to accept the terms of a plea agreement following the entry of a guilty plea. Specifically at issue in this case is the statute’s requirement that the court allow the defendant an opportunity to withdraw his guilty plea following a deviation from the agreed-upon sentence.

This note first examines how a defendant could historically withdraw a plea …

The Parthenon, December 4, 2014, Codi Mohr

The Parthenon

The Parthenon, Marshall University’s student newspaper, is published by students Monday through Friday during the regular semester and weekly Thursday during the summer. The editorial staff is responsible for the news and the editorial content.

The George-Anne, Georgia Southern University

The George-Anne

• Opinions
• Puzzles & Classifieds
• News
• Arts & Entertainment
• Sports

Lion Tales: The Impact Of Educational Policy Discourse On The Perpetuation Of The Perception Of African American Academic Underachievement, Marshetta Shavon Brazley

Electronic Theses and Dissertations Archive

Academic achievement for African American students has remained consistently low over time. Some researchers cite the disintegration of the black family as the cause. Others have argued that IQ is largely influenced by genetics, and that African Americans are genetically predisposed to be less intelligent than other races. One researcher traces the socio-historical connection between the institution of slavery and the current inequality inherent in the American education system. He also contends that the differences between African American culture and mainstream culture are so great that they adversely impact African American academic achievement. The purpose of the critical comparative discourse …

Mitigation Of Decubitus Ulcers By Moisture Reduction In Bedridden Catheterized Patients, Kory A. Robinson

Electronic Theses and Dissertations Archive

In today's society, decubitus ulcers are a serious and very common medical condition. Yet, they constitute a major complication threatening indiviuals in hospitals, nursing homes and family homecare environments. Decubitus ulcers usually represent a major burden of care and reduces the quality of life considerably for patients, as well as their care givers. Ironically, most patients develop decubitus ulcers after an extended stay in a hopital or acute care facilities. Decubitus ulcers present challenges to the healthcare industry because they are associated with increased risks of baterial infections, longer hospital stays and higher hospitialization costs. The purpose of this thesis …

Phased Retrofits In Existing Homes In Florida Phase I: Shallow And Deep Retrofits, Florida Solar Energy Center, Danny Parker

FSEC Energy Research Center®

The U.S. Department of Energy (DOE) Building America program, in collaboration with Florida Power & Light (FPL), is conducting a phased residential energy-efficiency retrofit program. This research seeks to establish impacts on annual energy and peak energy reductions from the technologies applied at two levels of retrofit ' shallow and deep, with savings levels approaching the Building America program goals of reducing whole-house energy use by 40%. Under the Phased Deep Retrofit (PDR) project, we have installed phased, energy-efficiency retrofits in a sample of 56 existing, all-electric homes. End-use savings and economic evaluation results from the phased measure packages and …

Population Genetics Of Two Key Mosquito Vectors Of Rift Valley Fever Virus Reveals New Insights Into The Changing Disease Outbreak Patterns In Kenya, David P. Tchouassi, Armanda D.S. Bastos, Catherine L. Sole, Mawlouth Diallo, Joel Lutomiah, James Mutisya, Francis Mulwa, Christian Borgemeister, Rosemary Sang, Baldwyn Torto

All Peer-Reviewed Publications

Rift Valley fever (RVF) outbreaks in Kenya have increased in frequency and range to include northeastern Kenya where viruses are increasingly being isolated from known (Aedes mcintoshi) and newly-associated (Ae. ochraceus) vectors. The factors contributing to these changing outbreak patterns are unclear and the population genetic structure of key vectors and/or specific virus-vector associations, in particular, are under-studied. By conducting mitochondrial and nuclear DNA analyses on >220 Kenyan specimens of Ae. mcintoshi and Ae. ochraceus, we uncovered high levels of vector complexity which may partly explain the disease outbreak pattern. Results indicate that Ae. mcintoshi consists of a species complex …

Summary Of Nv Energy V. Nev. Dept. Of Taxation, 130 Nev. Adv. Op. 93, Ashleigh Wise

Nevada Supreme Court Summaries

The Court determined that NRS 372.270 is not severable because the legislative intent of the statute was to protect local mines and the exemption does not extend to all mine and mineral proceeds. The Court also determined that violations of the dormant Commerce Clause are remedied by compensating for the negative impact to the claimant as measured by the unfair advantage provided to the claimant’s competitors.

Summary Of Nevada Ass’N. Servs. V. Eighth Jud. Dist., 130 Nev. Adv. Op. 94, Michael Valiente

Nevada Supreme Court Summaries

The voluntary payment doctrine provides an affirmative defense to a claim for the recovery of money that a plaintiff voluntarily paid. The duress/coercion exception to the voluntary payment doctrine requires the plaintiff show no reasonable alternative to payment existed. Additionally, the defense of property exception requires the plaintiff show an imminent risk of losing the property.

Molecular Dynamics Study Of The Opening Mechanism For Dna Polymerase I, Carol A. Parish, Bill R. Miller Iii, Eugene Y. Wu

Chemistry Faculty Publications

During DNA replication, DNA polymerases follow an induced fit mechanism in order to rapidly distinguish between correct and incorrect dNTP substrates. The dynamics of this process are crucial to the overall effectiveness of catalysis. Although Xray crystal structures of DNA polymerase I with substrate dNTPs have revealed key structural states along the catalytic pathway, solution fluorescence studies indicate that those key states are populated in the absence of substrate. Herein, we report the first atomistic simulations showing the conformational changes between the closed, open, and ajar conformations of DNA polymerase I in the binary (enzyme:DNA) state to better understand its …

Framing A “Wicked” Debate: Subsistence, Nutrition, And Indigenous Rights Versus Deforestation, Air Pollution, And Climate Change, Cynthia Twyford Fowler

Faculty Scholarship

This presentation considers anthropogenic environmental change as a wicked problem in which multiple, divergent understandings of complex systems and changing conditions coexist. The stakes are high with this wicked problem for the whole Earth and all of humanity. Stakes are especially high in the tropical agropastoral communities whose resource management systems are the subject of much consternation and, at the same time, whose systems are incompletely known.

December 4, 2014, The Daily Mississippian

Daily Mississippian (all digitized issues)

No abstract provided.

Reading The Tea Leaves In Singapore: Who Will Be Left Holding The Bag For Secondary Trademark Infringement On The Internet, Irene Calboli

Faculty Scholarship

This Article explores the issue of secondary liability in Singapore trademark law, with particular attention to intermediaries on the Internet, including Internet service providers (ISPs), e-commerce companies, search engines, website operators, online financial service providers and social media sites. Section 27(5) of the Singapore Trade Marks Act attributes liability to those who use a mark "knowing or having reasons to believe" that such use is not authorized by the trademark owner or licensee. More precisely, the provision excludes trademark liability for those "persons" who use a trademark in the course of trade, namely "for labelling or packaging goods" or as …

Dutch Landscape Painting: Documenting Globalization And Environmental Imagination, Irene J. Klaver

Proceedings from the Document Academy

There is an old saying that God made the Earth, but the Dutch made the Netherlands; they did this by engineering relationships of the water and land.

The Dutch landscape is an authored landscape documenting human reaction to geological, economic, and cultural changes. As a consequence of Dutch globalization, landscape painting arose as a new form of painting, documenting these changes and reactions to them. In a period of newly created land, reclaimed and constructed by sheer human activity, the explicit construction of new environments apparently elicited an implicit desire to hold on to an older, familiar traditional landscape. The …

The Influence Of Electronic Resources Use On Students’ Reading Culture In Nigerian Universities: A Case Study Of Adeleke University Ede, Osun State, Stephen Adekunle Ajayi, Oludare A. Shorunke, Modupe A. Aboyade Mrs

Library Philosophy and Practice (e-journal)

The declining interest in reading among students in higher institution is a challenge to all, as it affects the educational standard and the quality of graduate sent into the society. Survey method was used to carry out this research and the target population was students of Adeleke University Ede which totalled 705. A random sampling method was adopted for the research work. A total number of 220 were sampled from the total population. A well structured questionnaire was the instrument used to gather data for the study. A total of 220 questionnaires was administered on the respondents, 212 copies were …

Access To Information And Implications For Healthy Ageing In Africa: Challenges And Strategies For Public Libraries, Ifeanyi J. Ezema, Richard N. Ugwuanyi Dr.

Library Philosophy and Practice (e-journal)

The elderly people are of intrinsic value to societies. Their health is Africa’s wealth. Unfortunately, Africa has serious health burden raging from diseases, poverty ignorance that hardly support healthy ageing. Development indicators from World Health Organization and the World Bank provide glaring evidence that Africa countries are far behind other regions of the world in health conditions of the citizens. This paper discusses the benefits that accrue from having a healthy old age population. Such includes poverty reduction, stress free ageing, assisting in taking care of young ones. It examines the role of information in enhancing healthy ageing in Africa. …

Contesting Risk, Precaution And Legitimacy: A Case Study Of Lafarge, Savitri Vasanta Gordian

LLM Theses

This thesis examines debates about the precautionary principle in a tribunal and judicial review proceeding where environmental groups and individuals challenged a proposal to burn tires and other non-traditional fuel sources at a cement plant in Ontario, Canada. Chapter 1 explores scholarship on the precautionary principle and outlines the unique analytical contributions offered by administrative constitutionalism theory. Chapter 2 sets out the case study methodology employed by the author. Chapter 3 explains the legislative context. In chapters 4 through 9, each participant’s arguments are analyzed in relation to the two paradigms of administrative constitutionalism: Rational-Instrumentalist and Deliberative-Constitutive. This thesis establishes …

The Lincoln Assassination: Crime And Punishment, Myth And Memory, Harold Holzer, Craig L. Symonds, Frank J. Williams

History

The assassination of President Abraham Lincoln remains one of the most prominent events in U.S. history. It continues to attract enormous and intense interest from scholars, writers, and armchair historians alike, ranging from painstaking new research to wild-eyed speculation. At the end of the Lincoln bicentennial year, and the onset of the Civil War sesquicentennial, the leading scholars of Lincoln and his murder offer in one volume their latest studies and arguments about the assassination, its aftermath, the extraordinary public reaction (which was more complex than has been previously believed), and the iconography that Lincoln’s murder and deification inspired.

Contributors …

Consultative Minutes 12/03/2014, Consultative Committee

Consultative Committee

No abstract provided.

Questions Of Methodology: A Review Of The August 2014 History Of Education Quarterly Special Issue, Abigail Gundlach-Graham

Education's Histories

This methodological review examines the August 2014 issue of History of Education Quarterly, which focuses on American Indian education history.

Israel And Palestine: Justice In Modern War: The Quest For Just War In The Face Of Immeasurable Conflict, Fallon Parker

Washington Semester Program

No abstract provided.

Prospectus, December 3, 2014, Humna Sharif, Zach Trueblood, Kaleb Schwaiger

Prospectus 2014

HONORS IN ACTION WITH PHI THETA KAPPA; Mentoring program improves student success; A final round of study tips; Are electric cars greener?; Letter to the Editor: Parkland College Fall Open House; Illinois keeps football coach Tim Beckman; No. 1 'Hunger Games: Mockingjay'

The Effect Of Low Natural Gas Prices On The Market For Renewable, Liam Hecht

Washington Semester Program

No abstract provided.

Kurdish Women Fighting The Islamic State: A Comparative Look At The Prospects For Greater Gender Equality In Iraqi Kurdistan Following The Islamic State Conflict, Colleen Paddock

Washington Semester Program

No abstract provided.

Easterner, Vol. 66, No. 10, December 3, 2014, Associated Students Of Eastern Washington University

Student Newspapers

This issue of the Easterner contains articles about the men's basketball victory over Indiana University, faculty members traveling to Olympia to petition legislators, college-aged Americans receiving insurance through Affordable Care Act, the Associated Students (ASEWU) goals, cyberbullying, the Football Championship Subdivision playoffs, and the men's and women's basketball seasons.

Nuclear Fallout: The Modern Impact Of The Enola Gay Contoversy, Madison Keller

Washington Semester Program

No abstract provided.

Punishment Without A Crime: Marginalizing The Already Marginalized: The School-To-Prison Pipeline And Implicit Racial Bias, Kelly Shaw

Washington Semester Program

No abstract provided.