Digital Commons Network^™

Introduction: Changing Law For A Changing Climate, David Takacs

Faculty Scholarship

No abstract provided.

Unavoidable Aesthetic Judgments In Copyright Law: A Community Of Practice Standard, Ben Depoorter, Robert Kirk Walker

Faculty Scholarship

No abstract provided.

The Three Faces Of Prometheus: A Post-Alice Jurisprudence Of Abstractions, Jeffrey A. Lefstin

Faculty Scholarship

No abstract provided.

Toward A Jurisprudence Of Psychiatric Evidence: Examining The Challenges Of Reasoning From Group Data In Psychiatry To Individual Decisions In The Law,, David Faigman, Carl E. Fisher

Faculty Scholarship

No abstract provided.

Differences In Psychosexual Development Between Child And Peer Male Juvenile Sex Offenders, Colleen M. Lillard

Graduate Theses, Dissertations, and Problem Reports (ETD)

Juvenile sex offenders account for approximately 50% of child sex abuse cases and 20% of sexual assault cases in the United States. Researchers, in an attempt to better understand the etiology of this behavior, have examined typologies of juvenile sex offenders, including victim-age. Much of the research has compared juveniles who offended against children versus juveniles who have offended against peers/adults. Recent research has also compared these two groups with those juvenile sex offenders who offended against both children and peers (i.e., mixed offenders). Using data from psychological evaluations and the Multiphasic Sex Inventory- II (MSI-II; Nichols & Molinder, 2010), …

Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes

Faculty Scholarship

In a typical construction project, an owner contracts with a general contractor to construct improvements or make repairs to real property. The owner agrees to pay a total contract price for the work. Often, the general contractor then contracts with subcontractors, laborers, materialmen, and other suppliers to do aspects of the job. These are part of the contractor’s costs to do the work for owner, and the expectation is that the contractor will pay his subcontractors and laborers from the money received from the owner. All too frequently, unfortunately, contractors receive the payment from the owner and then do not …

The Effects Of The Human Voice On The Behavioral Indicators Of Stress In Dogs Housed In An Animal Shelter, Juliana M. Hypes

Graduate Theses, Dissertations, and Problem Reports (ETD)

Animal shelters are very stressful environments for the animals housed there. Dogs that live in shelters have been observed exhibiting stress-related behavior such as barking, pacing, aggression and fear related behaviors such as cowering. Behaviors of this nature are off-putting to prospective adopters. To combat this problem, shelters are using different types of behavioral programs to reduce stress in the kennels. One such program involves human volunteers reading to the dogs. The aim of this study was to determine if listening to the human voice could reduce the expression of stress-related behaviors in shelter dogs. In order to establish the …

Demographic Profile Of The “Farmworker Population” In The United States, Carlos Siordia, Athena Ramos

Reports: Health Promotion, Social & Behavioral Health

The health and economic well-being of farmworkers has been investigated by social scientists for many decades [1,2,3]. General research on occupational safety and farmworker justice has also been developed more recently [4]. Because Hispanics/Latinos are commonly associated with farmworker occupations, especially migrant farm work, research has paid special attention to their population [5]. For example, researchers have investigated the health of Latina farmworkers [6], injury in youth from Latino farmworker families [7], and learning ability amongst Latino farmworkers [8]. However, Latinos only make up about half of the “farmworker population” is the United States (US). The specific aim of this …

Avoidance Of Token-Loss By Pigeons, James E. Cook

Graduate Theses, Dissertations, and Problem Reports (ETD)

The response-dependent delivery and removal of tokens can reinforce and punish the responding of humans and nonhuman animals. The responding of humans can be maintained by the avoidance of token-losses, but this has not been demonstrated with nonhuman animals. Across three experiments, it was demonstrated that the responding of pigeons could be maintained in a token-loss avoidance arrangement. Tokens were delivered response-independently at the beginning of a token-loss avoidance period. Tokens were scheduled to be removed on a variable-cycle schedule. Responding canceled scheduled token-losses. Those tokens that remained were exchangeable for food during programmed exchange periods. Several parameters of the …

Camas, Winter 2015

Camas

The Sea Star’s Warning / Nina Finley -- Passages / AZ Andis -- Ever-moving World / Eva Saulitis -- Angel with a Horn / David James Duncan -- Things Left Behind / Ben Horan -- Interview / Diana Roffman -- Knot / Ellie Rogers -- Transit / Elizabeth O’Brien -- untitled / Jay Chervil -- H is for Hawk by Helen Macdonald / Megan McInerney -- Form / Airica Parker

Parameter Identification Of Induction Motor, Yousef Abdel-Rehim

Graduate Theses, Dissertations, and Problem Reports (ETD)

Numerous recent techniques of induction motor parameters calculating are hard to be done and expensive. Accurate calculations of the parameters of these motors would allow savings in different prospective like energy and cost. The major problem in calculating induction motor parameters is that it's hard to measure output power precisely and without harm during the operation of the machines. It will be better to find other way to find out the output power with certain amount of inputs like input voltage and current.;Particle swarm optimization (PSO) and genetic algorithms (GAs) are often used to estimate quantities from limited information. They …

Confronting Totalitarianism At Home: The Roots Of European Privacy Protections, Hannah Bloch-Wehba

Faculty Scholarship

In the last several years, a consensus has developed that a wide gulf exists between European and American privacy law, although division still exists on whether European law is “more protective” or simply “home to different intuitive sensibilities” than American law. Existing research on the development of European privacy law has focused on two areas: nineteenth-century traditions of honor and dueling, which gave rise to a concept of privacy linked to dignity, and the totalitarian dictatorships of the twentieth century, in reaction to which privacy protected liberty. This Article offers a contrasting view by showing that European privacy law in …

Europe's Legalization Of Member States' Gmo Bans And Its Impact On The French Mon810 Stalemate, Patricia B. Robbins

Law Student Scholarship

No abstract provided.

Does Animal Welfare Trump Religious Liberty? The Danish Ban On Kosher And Halal Butchering, R J. Delahunty

San Diego International Law Journal

Western European governments since the eighteenth century Enlightenment have frequently enacted laws and regulations that have adverse effects (sometimes intended) on traditional Jewish ritual practices, including Sabbath observance, dress, and dietary practices. Regulations of the latter kind have often been adopted in the name of sparing animals from the purportedly cruel and inhumane methods used in the Jewish ritual slaughtering of cattle. Last year, the Danish Ministry of Food and Agriculture issued regulations that require the stunning of cattle before they can be slaughtered. Defended on the grounds of animal welfare, the regulations had the foreseen effect of precluding the …

Regulating Access To Traditional Knowledge And Genetic Resources: The Disclosure Requirement As A Strategy To Combat Biopiracy, Paul Kuruk

San Diego International Law Journal

The objective of this Article is to examine the disclosure requirement as a measure to enhance the protection of traditional knowledge and genetic resources. Section Two illustrates the negative effects of biopiracy drawing on selected cases from Africa, India and the Americas while Section Three describes the international regime governing access to genetic resources and related traditional knowledge including rules on prior informed consent, mutually agreed terms and the fair and equitable sharing of benefits. Section Four traces the evolution of the obligation to disclose from provisions in national model laws and a draft treaty on folklore prepared by WIPO, …

Annunciations - Figuring The Feminine In Renaissance Art, John M. Carvalho

Contemporary Aesthetics (Journal Archive)

Viewers of Renaissance representations of the Annunciation miss an important irony. Where Mary is figured as unimpressed by Gabriel's proposal, she is upholding a masculinist ideal of female virtue. Where she is figured as delighted by the news, she represents an alternative feminine ideal that continues to be attractive to women and feminists, today. Inspired by the writings of Luce Irigaray and Julia Kristeva, I figure Mary in Renaissance representations of the Annunciation as contesting an ideal of feminine virtue that would deny her sexual difference and deny her pleasure in fulfilling her role as the bride and mother of …

Motivation For Seeking A Nurse Manager Position: A Qualitative Study, Judy L. Jarnigan White

Dissertations

By the year 2020, it is estimated there will be a need for 3.45 million bedside nurses – at least 1.2 million more than the projected supply (American Association of Colleges of Nursing [AACN], 2011). In addition to the lack of bedside nurses, nurse manager vacancy rates are estimated to be as high as 8.3% nationwide. There is limited empirical data available on a nurse’s motivation to choose a nurse manager role. This qualitative research study’s purpose was to explore the factors influencing nurses’ motivation to seek a nurse manager role and to articulate a grounded theory of decision-making. The …

Investigating Anhedonia In A Non-Conventional Species: Do Some Riding Horses Equus Caballus Display Symptoms Of Depression?, C Fureix, C Beaulieu, S Argaud, C Rochais, Et Al

School of Biological and Marine Sciences

Investigating depression-like conditions in animals is methodologically challenging, but potentially important for welfare. Some riding horses display ‘withdrawn’ states of inactivity and low responsiveness that resemble the reduced engagement with the environment shown by certain depressed patients. To assess whether these animals are experiencing a depression-like state, we investigated anhedonia – the loss of pleasure, a key symptom of human depression – in 20 withdrawn and non-withdrawn horses from the same stable. The time horses spent being withdrawn appeared unrelated to age or sex, but correlated with time devoted to stereotypic behaviour, a possible marker of lifetime stress. Comparison with …

Knowing And Teaching: The Impact Of Teachers’ Knowledge On Students’ Early Literacy Achievement, Janet Hunter

Theses: Doctorates and Masters

Children in rural and remote schools typically underperform in measures of literacy achievement (e.g., NAPLAN) from as early as year three. Data collected over time indicate that as children get older, the gap increases between those students who meet the national benchmarks and those who do not. Additionally, Indigenous children are overrepresented in this group of students who are underperforming in measures of literacy achievement. This study seeks to explore the conditions surrounding this phenomenon and to tease out the complexities present in rural and remote contexts that might contribute to this underachievement.

One remote and six remote‐rural schools in …

Constitutional Law And The Law Of Evidence, Brandon L. Garrett

Faculty Scholarship

When a constitutional right conflicts with an evidentiary rule that would otherwise allow a piece of evidence to be admitted at trial, should the constitutional right be a "trump"? The Supreme Court and lower courts have often interpreted the Constitution to abstain from regulating questions of trial evidence. Taking the opposite course, courts have displaced evidence law to dramatic effect, as with the Court's exclusionary rule, Confrontation Clause, and punitive damages jurisprudence. In areas that provide a more attractive model, the Court has instead sought to accommodate constitutional and evidence law. The fundamental problem of adjudicating the intersection of the …

The Anatomy Of Disgust And The Sublime In Metamodern Painting, Claudia L. Furlow

College of Graduate Studies: Theses & Dissertations

The works in this series explore the application of Platonic binary oppositions of life/death and attraction/repulsion using Renaissance painting techniques that include the application of solvent and linseed oil glazes, as well as Galkyd Lite and MSA Gel, to assist in the realistic replication of the flesh of animals that meet death at the hand of humans, by attack of other animals, or through mishaps with motor vehicles. Informed by the work of Ambrosius Bosschaert the Younger, Jan Fyt, Rembrandt van Rijn, Théodore Géricault, Francis Bacon, Joel-Peter Witkin, Walton Ford, Jenny Saville, and Victoria Reynolds, this study documents the evolution …

The Surprising Relevance Of Medical Malpractice Law, Michael D. Frakes

Faculty Scholarship

The academic community has largely reached a consensus that medical malpractice reform is unlikely to be a meaningful source of health-care cost containment. This Article suggests that it would be premature to conclude based on the evidence underlying this academic sentiment that physicians are universally insensitive to the parameters of medical malpractice law and that liability reform has no role to play in the health-care-costs debate. On the contrary, this Article demonstrates that the medical-liability system, under particular structures and conditions, may indeed have a meaningful connection to health-care spending patterns.

The shortcoming of the existing empirical literature that has …

The Effect Of Statutory Rape Laws On Teen Birth Rates, Michael D. Frakes, Matthew C. Harding

Faculty Scholarship

Policymakers have often been explicit in expanding statutory rape laws to reduce teenage pregnancies and live births by teenage mothers, often with the goal of reducing associated welfare outlays. In this paper, we explore whether expansions in such laws are indeed associated with reductions in teen birth rates. In order to codify statutory-rape-law expansions, we use a national micro-level sample of sexual encounters to simulate the degree to which such encounters generally implicate the relevant laws. By codifying statutory-rape laws in terms of their potential reach into sexual encounters, as opposed to using crude binary treatment variables, this simulation approach …

Chronic Stress, Depressive Symptoms And Peripheral Vascular Dysfunction: Fundamentals, Mechanisms, Sex Disparities, And Determinants Of Integrated Outcomes, Shyla Christine Stanley

Graduate Theses, Dissertations, and Problem Reports (ETD)

Chronic, irresolvable psychological stress, a major contributor of depressive disorders, has been identified as a key factor involved in the tightly linked association between the prevalence/severity of depressive symptoms and the concurrent development of cardiovascular disease (CVD). Furthermore, there are marked differences in the incidence and pathology of these diseases between males and females, although the underlying mechanisms involved are unclear. The purpose of this dissertation is to investigate the effects of chronic stress/depression on behavioral and vascular function in rodents in order to elucidate the underlying mechanisms linking depression symptom severity with cardiovascular development/outcome. The unpredictable chronic mild stress …

A Novel Microbial Source Tracking Dna Microarray Used For Pathogen Detection In Environmental Systems, Xiang Li

Graduate Theses, Dissertations, and Problem Reports (ETD)

Pathogen detection and the identification of fecal contamination sources can be challenging in environmental and engineered treatment systems. Factors including pathogen diversity and ubiquity of fecal indicator bacteria hamper risk assessment and remediation of contamination sources. Therefore, a quick method that can detect and identify waterborne pathogens in environmental systems is needed. In this work, a custom microarray targeting pathogens (viruses, bacteria, protozoa), microbial source tracking (MST) markers, mitochondria DNA (mtDNA) and antibiotic resistance genes was used to detect over 430 selected gene targets in whole genome amplification (WGA) DNA and complementary DNA (cDNA) isolated from sewage and animal (avian, …

Faces And Figures Of Fortune: Astrological Physiognomy In Tamburlaine Part 1., Vanessa I. Corredera

Faculty Publications

When articulating the relationship between man and the world around him (or her), George Peele imagines man as a canvas, a 'picture' of the universe, a microcosm whose makeup carries the 'face' or the viewable surface of the macrocosm. Peele's statement perfectly encapsulates the early modern belief in signatures and correspondences, in which 'Individual objects on earth...contain the signature of the heavenly bodies to which they supposedly correspond'. By envisioning man as a 'picture', Peele conceives of the universe as readily legible upon the human body. In his discussion of the history of signatures and correspondences in The Order of …

Community Resilience And Land Degradation In Forest And Shrubland Socio-Ecological Systems: Evidence From Gorgoglione, Basilicata, Italy, Claire Kelly, Agostino Ferrara, Geoff A. Wilson, Francesco Ripullone, Angelo Nolè, Nichola Harmer, Luca Salvati

School of Geography, Earth and Environmental Sciences

Assessing the resilience of communities is assuming greater importance at a time of global economic upheaval, climatic and socio-demographic changes. The past 10–15 years have seen a significant increase in the number of studies addressing resilience issues at community level from a variety of perspectives,and although the resilience of communities in dealing with disturbance feature strongly in these studies, less work appears to have been undertaken at the interface between community resilience and land degradation. In addition, little attention has been paid to land degradation, desertification risk and community resilience at the forest–community interface, despite the fact that forest ecosystems …

The Expression Of Toll-Like Receptor 4, 7 And Co-Receptors In Neurochemical Sub-Populations Of Rat Trigeminal Ganglion Sensory Neurons, M. P. Helley, W. Abate, S. K. Jackson, J. H. Bennett, S. W.N. Thompson

School of Biomedical Sciences

No abstract provided.

Music-Induced Emotions Can Be Predicted From A Combination Of Brain Activity And Acoustic Features, Ian Daly, Duncan Williams, James Hallowell, Faustina Hwang, Alexis Kirke, Asad Malik, James Weaver, Eduardo Miranda, Slawomir J. Nasuto

School of Art, Design and Architecture

No abstract provided.

Visions For The North Sea: The Societal Dilemma Behind Specifying Good Environmental Status, Alison J. Gilbert, Abigail Mcquatters-Gollop, Olivia Langmead, Laurence Mee, Jan Vermaat

School of Biological and Marine Sciences

No abstract provided.