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Frantz V. Hawley Troxell Ennis & Hawley Llp Clerk's Record V. 1 Dckt. 43576

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Risk Allocation Under The Principal ‘Traditional’ Irish Forms Of Building Contract, Tony Cunningham

Other Resources

Construction projects are risky ventures. Risks are inevitable and cannot be entirely eliminated but they can be transferred through appropriate wording in the clauses of a contract. Construction contracts allocate particular risks between the parties in order to identify who bears the cost if a particular risk comes to pass.

This study examines how contractual risks are allocated to the contracting parties under the Royal Institute of Architects in Ireland Form, 2012 version, where quantities form part of the contract, commonly known as ‘the Yellow Form’, and the Public Works Contract PW CF1 Form v 1.10, 2014 where the design …

Cbt Group Intervention To Increase Cpap Adherence Among Veterans With Sleep Apnea: A Pilot Investigation, Katie Patricia Lang

Electronic Theses and Dissertations Archive

Sleep Apnea (SA) is gaining increased attention among military populations due to the increasing prevalence rates (40-60%) and risk of serious health complications (i.e., cognitive decline, stroke) when untreated. Unfortunately, adherence to Continuous Positive Airway Pressure (CPAP; the gold standard treatment) is chronically low. This study examined the efficacy of a 6-week CBT group intervention to increase CPAP adherence among veterans diagnosed with SA and prescribed CPAP treatment. A final sample of 35 veterans was randomly assigned either to treatment as usual (TAU) or TAU plus the CBT group intervention. Participants completed various self-report measures and a therapist-administered cognitive screening …

The Social Value Of Academic Freedom Defended, J. Peter Byrne

Indiana Law Journal

In his recent book, Versions of Academic Freedom: From Professionalism to Revolution, Stanley Fish renewed his arguments for an “it’s just a job” account of academic freedom, begun in his 2008 book, Save the World on Your Own Time. He claims that academic freedom consists of nothing more than the conditions necessary to follow the established criteria for scholarship and teaching within each discipline. He complains chiefly against the invocation of academic freedom to protect or glorify political advocacy by academics. There is a lot in Fish’s account to admire and agree with. The appropriate sphere of academic freedom needs …

The Regrettable Underenforcement Of Incompetence As Cause To Dismiss Tenured Faculty, David M. Rabban

Indiana Law Journal

Universities are extremely reluctant to dismiss tenured professors for incompetence. This reluctance compromises the convincing and broadly accepted justification for the protection of academic freedom through tenure set forth in the 1915 Declaration of Principles of the American Association of University Professors (AAUP). After asserting that society benefits from the academic freedom of professors to express their professional views without fear of dismissal, the 1915 Declaration maintained that the grant of permanent tenure following a probationary period of employment protects academic freedom. Yet the 1915 Declaration also stressed that academic freedom does not extend to expression that fails to meet …

The Government’S Lies And The Constitution, Helen L. Norton

Indiana Law Journal

The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political accountability for its misconduct; to inflict economic and reputational harm; or to enable the exercise of its powers to imprison, to deploy lethal force, and to commit precious national resources. On the other hand, the government’s lies can sometimes be helpful: consider lies told to thwart a military adversary or to identify wrongdoing through undercover police work. The substantial harms threatened by some government lies invite a search for ways to punish and prevent them. At the same time, …

Filling The D.C. Circuit Vacancies, Carl W. Tobias

Indiana Law Journal

Partisanship undermines judicial nominations to the U.S. Court of Appeals for the District of Columbia Circuit. With three of eleven judgeships vacant during Barack Obama’s first term, he was the only President in a half century not to appoint a jurist to the nation’s second-most important court. Confirming accomplished nominees, thus, became imperative for the circuit’s prompt, economical, and fair case disposition. In 2013, Obama submitted excellent candidates. Patricia Millett had argued thirty-two Supreme Court appeals; Cornelia Pillard successfully litigated numerous path-breaking matters; and Robert Wilkins had served on the D.C. District bench for three years. The purportedly shrinking tribunal …

Incentivizing The Protection Of Personally Identifying Consumer Data After The Home Depot Breach, Ryan F. Manion

Indiana Law Journal

The breach of payment card systems at the Home Depot in 2014 resulted in the theft of a wealth of information. This Note will examine the facts and legal consequences of the Home Depot breach under three separate frameworks. First, this Note will examine the Home Depot’s responsibilities arising under existing data breach notification statutes. Second, this Note examines the Home Depot’s potential liability if the recent bill introduced by Senator Leahy of Vermont proposing a federal data breach notification framework becomes law; ultimately, however, this Note finds that state notification statutes fail to adequately protect consumers, and Senator Leahy’s …

A Preliminary Assessment Of Water Partitioning And Ecohydrological Coupling In Northern Headwaters Using Stable Isotopes And Conceptual Runoff Models, James P. Mcnamara

Geosciences Faculty Publications and Presentations

We combined a conceptual rainfall-runoff model and input–output relationships of stable isotopes to understand ecohydrological influences on hydrological partitioning in snow-influenced northern catchments. Six sites in Sweden (Krycklan), Canada (Wolf Creek; Baker Creek; Dorset), Scotland (Girnock) and the USA (Dry Creek) span moisture and energy gradients found at high latitudes. A meta-analysis was carried out using the Hydrologiska Byråns Vattenbalansavdelning (HBV) model to estimate the main storage changes characterizing annual water balances. Annual snowpack storage importance was ranked as Wolf Creek > Krycklan > Dorset > Baker Creek > Dry Creek > Girnock. The subsequent rate and longevity of melt were reflected in calibrated parameters …

The Merits Of Third-Party Standing, Brian Charles Lea

William & Mary Bill of Rights Journal

When can a litigant assert someone else’s rights in federal court? The courts currently purport to adhere to a “prudential” justiciability rule barring such “thirdparty standing.” But the Supreme Court has devised exceptions—jus tertii standing and First Amendment overbreadth—under which courts can ignore that rule. The Court has never explained the source of that remarkable judicial power to choose what rights litigants can assert. The doctrine of third-party standing is, in short, an undertheorized muddle. Thankfully, the Court suggested in its 2014 decision in Lexmark International, Inc. v. Static Control Components, Inc., that it might soon try to bring order …

Orange Is The New Equal Protection Violation: How Evidence-Based Sentencing Harms Male Offenders, Shaina D. Massie

William & Mary Bill of Rights Journal

No abstract provided.

Pushing Past The Plateau: A Diary Study Of A Not Quite Intermediate Korean Language Learner, Jonathan D. Wilson

School of Education and Leadership Student Capstone Theses and Dissertations

In this study the author explores the internal and personal aspects of his own learning of the Korean language through the qualitative perspective of a language learning diary. Language fossilization is brought into focus as the author resumes learning the language after a three year break and attempts to push past his perceived plateau. Fossilization is a foundational concept in the field of adult Second Language Acquisition (SLA), yet seemingly none have covered this issue using the diary study design and the unique, inside perspective that this design offers. The author developed his own study plan and recorded regular introspective …

State V. Melling Appellant's Reply Brief Dckt. 42666

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Cubic Silicon Carbide Implantable Neural Prosthetic, Christopher Leroy Frewin, Stephen E. Saddow, Edwin Weeber

USF Patents

An implantable neuronal prosthetic and method of manufacture thereof includes at least one elongated electrode shank adapted for arrangement in the brain having at least one electrode contact disposed on its surface and arranged to electrically couple with said brain. The at least one elongated electrode shank is formed form a single crystal cubic silicon carbide. An insulation layer of amorphous, polycrystalline, or single crystal silicon carbide is disposed over the elongated electrode shank; the insulation layer of amorphous, polycrystalline, or single crystal silicon carbide is removed from the at least one electrode contact. Signal control electronics are attached to …

From JEff=1/2 Insulator To P-Wave Superconductor In Single-Crystal Sr2Ir1−XRuXO4 (0≤X≤1), Shujuan Yuan, Saicharan Aswartham, Jsaminka Terzic, H. Zheng, H. D. Zhao, P. Schlottmann, Gang Cao

Physics and Astronomy Faculty Publications

Sr₂IrO₄ is a magnetic insulator assisted by strong spin-orbit coupling (SOC) whereas Sr₂RuO₄ is a p-wave superconductor. The contrasting ground states have been shown to result from the critical role of the strong SOC in the iridate. Our investigation of structural, transport, and magnetic properties reveals that substituting 4dRu⁴⁺(4d⁴) ions for 5dIr⁴⁺(5d⁵) ions in Sr₂IrO₄ directly adds holes to the t_2g bands, reduces the SOC, and thus rebalances the competing energies in single-crystal Sr …

Ergonomic Analysis Of Mobile Cart–Assisted Stocking Activities Using Electromyography, Sohyung Cho

SIUE Faculty Research, Scholarship, and Creative Activity

Workers in grocery stores are exposed to numerous musculoskeletal risks that can be reduced using assistive devices while performing stocking tasks. A regional grocery store has recently deployed a mobile cart without comprehension of its ergonomic impact on workers, which this article investigates using normalized electromyography data (%MVC). This article studies not only ergonomic impact based on %MVC values but also work performance represented by a muscle force metric (MFM). The results from this study showed highest muscle groups in %MVC and MFM were the erector spinae and triceps. Interestingly, muscle activations on erector spinae were reduced when mobile cart …

Foreign Account Tax Compliance Act: The Most Revolutionary Piece Of Tax Legislation Since The Introduction Of The Income Tax, Alexander Szwakob

Honors Scholar Theses

With taxation of income being the most significant source of revenue, most national governments consider tax evasion prevention to be one of the priorities of their tax agencies. In the United States, tax evasion has been a significant concern of the Internal Revenue Service ever since the modern income tax was instituted with the passing of the Sixteenth Amendment in 1913. Over the following century, Congress enacted numerous measures aimed at curbing the illegal practice, but, as often is the case, both individuals and institutions desiring to not abide by the law found new ways to outsmart the tax authorities. …

Code Of Regulations Of The University Of Dayton, Effective 2015-12-15, University Of Dayton

University Governing Documents

No abstract provided.

Basic Governing Documents, Effective 2015-12-15, University Of Dayton

University Governing Documents

No abstract provided.

Finding Optimal Brain Mappings Using Integer Linear Programming Solvers And Other Methods, Heriberto Flores

Honors Theses

No abstract provided.

Mons Maiorum: Roman Aristocracy And The Palatine Hill's Appropriated Memory, Charles T. Rainville Iii

History & Classics Undergraduate Theses

Mons Maiorum arguest against the all-to-common a line of thinking among some scholars of ancient Rome: that house exchange of “ancient families surviving in genetic and property continuity [is] not characteristic of Rome.” This belief relies fundamentally on evidence from Roman authors after the proscriptions of the first century BC, when long-established aristocratic families had been removed from the landscape of the Palatine, and Roman memory. It is thus short sighted not to consider the depth of myths, physical monuments, and Roman customs as evidence for a close association of generations of Romans living in family property with a special …

Genocide In German South West Africa & The Herero Reparations Movement, Melanie Bracht

Senior Theses

During my spring 2015 Semester at Sea voyage, the ship docked in Walvis Bay, Namibia for five days. Prior to the voyage, I knew nothing about Namibia’s history. I was surprised to learn of its treacherous past and the role Germany played in shaping its political and economic condition. I took a tour of the Himba settlement, driving hours across the barren, dry land to a small circle of huts. Women cover their skin with red clay and continue the tradition of sauna bathes, never bathing in water in their entire lives. The Himba culture was captivating and it was …

Momentum Of Particles From Time-Of-Flight Measurements, Joseph Best

Senior Theses

In order to find the momentum of particles from time of flight measurements, I used a program called Geant4 to simulate experiments. I made a simple two detector setup, and I recreated a real world experiment. I spent a lot of time learning to code in C++ so I could use Geant4 correctly. I simulated these experiments shooting electrons, muons, and pions through the geometry and measured the time at two points in their flight. Subtracting the second time from the first gave me the time of flight distribution for each particle. I used ROOT to draw histograms of the …

A Seismic Transect Across West Antarctica: Evidence For Mantle Thermal Anomalies Beneath The Bentley Subglacial Trench And The Marie Byrd Land Dome, Andrew J. Lloyd, Douglas A. Wiens, Andrew A. Nyblade, Sridhar Anandakrishnan, Richard C. Aster, Audrey D. Huerta, Terry J. Wilson, Ian W. D. Dalziel, Patrick J. Shore, Dapeng Zhao

All Faculty Scholarship for the College of the Sciences

West Antarctica consists of several tectonically diverse terranes, including the West Antarctic Rift System, a topographic low region of extended continental crust. In contrast, the adjacent Marie Byrd Land and Ellsworth-Whitmore mountains crustal blocks are on average over 1km higher, with the former dominated by polygenetic shield and stratovolcanoes protruding through the West Antarctic ice sheet and the latter having a Precambrian basement. The upper mantle structure of these regions is important for inferring the geologic history and tectonic processes, as well as the influence of the solid earth on ice sheet dynamics. Yet this structure is poorly constrained due …

“$300 Or Your Life”: Recruitment And The Draft In The Civil War, Melissa Traub

Honors Scholar Theses

One of the most challenging tasks of a nation at war is turning its average citizens into soldiers. While volunteers flooded to the war front in thousands in the beginning of the Civil War, recruitment slowly dwindled as the war dragged on. Eventually, the North was forced to pass the Enrollment Act of 1863, the first national draft in United States history. Every able bodied man between the ages of twenty and forty-five was subject to the draft. For an already unstable nation, the national draft did little to help the divides that split the country. The policies of substitution …

State V. Plant Appellant's Brief 2 Dckt. 43038

Not Reported

No abstract provided.

Introduction: Cultural Nationalism In Scottish Literary Studies: The View From Elsewhere, Anthony Jarrells

Studies in Scottish Literature

Introduces the issues and contributors to this post-Referendum SSL symposium, on non-Scottish perspectives on Scottish cultural nationalism, which includes discussions of teaching Scottish literature in Italy, Germany, the United Arab Emirates, and the United States, together with a response from a senior Scottish scholar, notes the interest elsewhere in contemporary Scottish writing, and suggests that the effect of the debates surrounding the Referendum, and the involvement of many writers in it, will have a continuing effect on the future of Scottish literary studies.

'Singing Of Psalms Of Which I Could Never Get Enough': Labouring Class Religion And Poetry In The Cambuslang Revival Of 1741, Elspeth Jajdelska

Studies in Scottish Literature

Describes and discusses the nature and uses of poetry by Scottish labouring-class participants in the revival at Cambuslang, near Glasgow, in 1741, drawing on the manuscript account of the revival collected by the parish minister, William McCulloch; setting the poems in the context of recent scholarly reconsideration of 17th and 18th century Scottish religious culture; relating the poems to the Scottish use of metrical psalms in kirk services and domestic devotions; and commenting in detail on poems by Alexander Bilsland and George Tassie, and a report on religious poetry reading by Ann Wylie.

Ossianic Telegraphy: Bardic Networks And Imperial Relays, Eric Gidal

Studies in Scottish Literature

Relates James Macpherson's Fragments of Ancient Poetry (1760) and other Ossianic poems to evolving Scottish networks of commerce and communication, especially commercial telegraphy and the postal system, and posits associations also with comments in Adam Smith's Lectures on Jurisprudence and Theory of Moral Sentiments, to suggest that Macpherson's remediation of oral poetry asserted ideas of authorial identity and readership as "relays" in a new imperial network.

Burns's Politics 'In Another View': Late 1792/Early 1793, Robert P. Irvine

Studies in Scottish Literature

Presents a reconsideration of Burns's political views in 1792-1793, examining in detail the original performance context of his poem "The Rights of Woman," in the Dumfries Theatre in November 1792, and the political context of his song "Why should na poor people mow," as first sent in letters to Robert Cleghorn in December 1792 and to Robert Graham of Fintry in January 1793, arguing that such "political" poems might be read less in terms of French or metropolitan revolutionary politics than in terms of major cultural and social changes in the Scottish community and networks to which Burns belonged.