Digital Commons Network^™

The Future Of International Mediated Settlement Agreements: Of Conventions, Challenges And Choices, Eunice Chua

Research Collection Yong Pung How School Of Law

In 2002, UNCITRAL developed the Model Law on International Commercial Conciliation.1 Although at that stage there was a strong effort to develop a uniform enforcement mechanism, the ultimate conclusion was that because of the great variance in the technicalities of domestic procedural laws, harmonisation by way of uniform legislation was not feasible (UNCITRAL 2004: 55). Eventually, Article 15 merely provided that: If the parties reach and sign an agreement settling a dispute, that settlement agreement is binding and enforceable … [the enacting State inserts a description of the method of enforcing settlements agreements or refers to provisions governing such enforcement].

Landlord’S Liability For Tenant’S Nuisance: Uksc Clarifies The Law In Lawrence V Fen Tigers (No. 2), Kee Yang Low

Research Collection Yong Pung How School Of Law

Where an occupier of premises creates or causes a nuisance and affects his neighbour’s enjoyment of land, the neighbour may sue him under the tort of nuisance. Where the occupier is a tenant, the neighbour may also have recourse to the landlord. This area of law, however, has not been the subject of rigorous judicial analysis and appears to be still lacking in clarity, precision and sophistication. The position prior to the UKSC decision in Lawrence and another v Fen Tigers Ltd and others (No. 2),1 (“Lawrence”) as discerned by the authors of Markesinis & Deakin’s Tort Law2 is that, …

Interview With The Honourable Justice Chang-Fa Lo (Justice, Constitutional Court, Taiwan; National University College Of Law) And Dr Winnie Jo-Mei Ma, (Honorary Associate Professor, Bond University Faculty Of Law, Australia) On The Draft Convention On Cross-Border Enforcement Of International Mediated Settlement Agreements, Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.

The Canadian Healthy Infant Longitudinal Development (Child) Birth Cohort Study: Assessment Of Environmental Exposures, Tim K. Takaro, James A. Scott, Ryan W. Allen, Sonia S. Anand, Allan B. Becker, A. Dean Befus, Michael Brauer, Joanne Duncan, Diana L. Lefebvre, Wendy Lou, Piush J. Mandhane, Kathleen E. Mclean, Gregory Miller, Hind Sbihi, Huan Shu, Padmaja Subbarao, Stuart E. Turvey, Amanda J. Wheeler, Leilei Zeng, Malcolm R. Sears, Jeffrey R. Brook

Research outputs 2014 to 2021

The Canadian Healthy Infant Longitudinal Development birth cohort was designed to elucidate interactions between environment and genetics underlying development of asthma and allergy. Over 3600 pregnant mothers were recruited from the general population in four provinces with diverse environments. The child is followed to age 5 years, with prospective characterization of diverse exposures during this critical period. Key exposure domains include indoor and outdoor air pollutants, inhalation, ingestion and dermal uptake of chemicals, mold, dampness, biological allergens, pets and pests, housing structure, and living behavior, together with infections, nutrition, psychosocial environment, and medications. Assessments of early life exposures are focused …

Boundaries Of Governance: Social Responsibility In Mining In Western Australia, Gemma L. Broderick

Theses: Doctorates and Masters

This research investigated the boundaries of governance of social responsibility in three multinational mining organisations based in Perth, Western Australia. The mining industry has economic, environmental and social impacts, both positive and negative. While most of the attention of the media and supporters in government seems to focus on the positive impacts, a growing concern regarding the social implications of mining is clearly evident in public discourse and the academic literature. In response to public concern, the mining industry has adopted terms such as ‘sustainability’, ‘sustainable development’, ‘social licence to operate’ and ‘social responsibility’. Such phrases are widely used in …

Educative Curricula And Improving The Science Pck Of Teachers In Middle School Settings In Rural And Remote Australia, Arthur Townsend

Theses: Doctorates and Masters

Science is one of seven-mandated Key Learning Areas (KLAs) Foundation to Year 10 of the new Australian National Curriculum (ACARA, 2012). Not only, therefore, is science to be offered in every school as part of the curriculum, there is also the expectation that science is to be taught well to all students regardless of location, gender, cultural background or socio-economic status (ACARA, 2012). Studying science provides benefits to individuals by developing their scientific literacy skills (Goodrum, Hackling & Rennie, 2001; Hackling & Prain, 2008). Its study also benefits the national economy by equipping students with the innovative, inventive, and creative …

Development And Validation Of Australian Aphasia Rehabilitation Best Practice Statements Using The Rand/Ucla Appropriateness Method, Emma Power, Emma Thomas, Linda Worrall, Miranda Rose, Leanne Togher, Lyndsey Nickels, Deborah J. Hersh, Erin Godecke, Robyn O'Halloran, Sue Lamont, Claire O'Connor, Kim Clarke

Research outputs 2014 to 2021

Objectives: To develop and validate a national set of best practice statements for use in post-stroke aphasia rehabilitation.

Design: Literature review and statement validation using the RAND/UCLA Appropriateness Method (RAM).

Participants: A national Community of Practice of over 250 speech pathologists, researchers, consumers and policymakers developed a framework consisting of eight areas of care in aphasia rehabilitation. This framework provided the structure for the development of a care pathway containing aphasia rehabilitation best practice statements. Nine speech pathologists with expertise in aphasia rehabilitation participated in two rounds of RAND/UCLA appropriateness ratings of the statements. Panellists consisted of researchers, service managers, …

0829: John Mckernan Collection, Marshall University Special Collections

Guides to Manuscript Collections

The John McKernan Collection contains mostly published materials that John McKernan collected related to his own poetry. There are a limited number of non-McKernan publications that he saved.

Taxation Of State Owned Enterprises: A Review Of Empirical Evidence From China, Wei Cui

All Faculty Publications

This chapter reviews empirical evidence from China that bears on the general theory of the income taxation of state-owned enterprises (SOEs). Prior theoretical literature has offered three conflicting views of SOE taxation. The first is that SOE taxation is superfluous, because the government shareholder can simply demand profit distributions. The second is that SOE taxation is necessary to put state-owned and private firms on an equal competitive footing. The third view holds that the significance of SOE taxation lies in the fact that SOE managers, like managers of private firms, may be dividend averse; in the absence of other effective …

A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs

Scholarly Works

This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …

Robotic Marriage And The Law, Mark Goldfeder, Yosef Razin

Scholarly Works

The United States, and the world at large, is in the midst of a family law revolution that will fundamentally change our very conception of family. Ethical challenges to age-old ideas have prompted people to ask foundational questions, such as how and why our most important personal relationships evolved. In a world where same-sex marriage has been legalized, it is only natural to wonder who marriage may include in the future. This essay explores the question of whether a human and a robot could ever legally marry in the United States. Through a thought experiment, it examines the legal and …

Expanding Service Line Without Expanding Square Footage, Devica Samsundar, Carrie Figueredo, Pablo Lopez

All Publications

OBJECTIVE
To support the family-centered care mission of our organization and its vision of working to improve the health of the communities we serve, we expanded our service line to include consumer health resources. Creative and inexpensive solutions were put in place to meet the challenges presented by a limited budget and no new physical space. Usage data for one such solution, the Awareness Wall, is reviewed to measure impact.

Millennial Generation And The Mobile Internet Devices In Shopping Activities, Giovanna Cabrera, Katia Gutiérrez, Pedro Guzmán Espinal

Theses

The Millennial Generation and the technology revolution using MID’s are changing business interactions with customers. Despite the fact Millennials are purchasing through MID’s and using these devices to support their purchasing decision, in Dominican Republic there is no available data to explain this consumer trend. The purpose of this study is to explore what Millennials value the most in the purchase process using MID’s. For this study a phenomenological interview approach, contrasting two main elements: “Social Management” and “Consumer Empowerment”, using the framework described in “The Meaning of Shopping Experiences Augmented by Mobile Internet Devices” from Brian Spaid and Daniel …

Unrealized Expectations : A History Of Christian Union Mission And World Gospel Mission's Work Among The Nembi And Melpa People Of Papua New Guinea, Ruth Ann Tipton

ATS Dissertations

No abstract provided.

The Return Of The King: The Unsavory Origins Of Administrative Law, Gary S. Lawson

Faculty Scholarship

Philip Hamburger’s Is Administrative Law Unlawful? is a truly brilliant and important book. In a prodigious feat of scholarship, Professor Hamburger uncovers the British and civil law antecedents of modern American administrative law, showing that contemporary administrative law “is really just the most recent manifestation of a recurring problem.” That problem is the problem of power: its temptations, its dangers, and its tendency to corrupt. Administrative law, far from being a distinctive product of modernity, is thus the “contemporary expression of the old tendency toward absolute power – toward consolidated power outside and above the law.” It represents precisely the …

Grudge Spending: The Interplay Between Markets And Culture In The Purchase Of Security, Ian Loader, Benjamin J. Goold, Angelica Thumala

All Faculty Publications

In the paper, we use data from an English study of security consumption, and recent work in the cultural sociology of markets, to illustrate the way in which moral and social commitments shape and often constrain decisions about how, or indeed whether, individuals and organizations enter markets for protection. Three main claims are proffered. We suggest, firstly, that the purchase of security commodities is a mundane, non-conspicuous mode of consumption that typically exists outside of the paraphernalia of consumer culture – a form of grudge spending. Secondly, we demonstrate that security consumption is weighed against other commitments that individuals and …

Archéologie Du Cap Espenberg Où La Question Du Birnirk Et De L’Origine Du Thulé Dans Le Nord‐Ouest De L’Alaska, Claire Alix, Owen K. Mason, Nancy H. Bigelow, Shelby L. Anderson, Jeffrey Rasic, John F. Hoffecker

Anthropology Faculty Publications and Presentations

Résumé en français

Le cap Espenberg est une flèche littorale au large de la mer des Tchouktches dans le nord‐ouest de l’Alaska contenant les vestiges de 4000 ans d’occupations humaines et de changements climatiques. Les recherches archéologiques et paléoenvironnementales qui sont menées depuis 2009 dans le cadre d’un projet pluridisciplinaire apportent des informations nouvelles sur la chronologie des occupations du dernier millénaire et documente l’émergence de la culture thuléenne directement antérieure et ancestrale aux Inuit/Inupiat d’aujourd’hui, dans un contexte d’intensification des conditions cycloniques contemporain du petit âge glaciaire. Parallèlement, ces recherches posent la question de la nature de l’occupation Birnirk …

Metal And Prestige In The Greater Lower Columbia River Region, Northwestern North America, H. Kory Cooper, Kenneth Ames, Loren G. Davis

Anthropology Faculty Publications and Presentations

Excavations at the late prehistoric-early historic Chinookan sites of Meier and Cathlapotle in the Greater Lower Columbia Region recovered several hundred metal artifacts. Portable X-ray fluorescence (XRF) was used initially to quickly determine metal type. Then a sample of copper artifacts was subjected to another round of XRF analysis to identify the presence of native copper and, or, chronologically sensitive copper metals. No native copper artifacts were identified and the lack of Muntz metal, a specific type of brass patented in the 1830s, corroborates the dating of material from both sites as no later than the early historic period. Meier …

Applications Of Geopolymer In Civil Engineering: Feasibility Study Of Loess Stabilization And Waste Concrete Recycling, Zhen Liu

LSU Doctoral Dissertations

The fast growing population and economic development have resulted in an increasing demand for residential and commercial buildings and infrastructures. However, there are problems identified to fulfill this demand, including that (1) problematic soils need to be treated/improved before the construction of building and infrastructures; (2) the Portland cement industry, which is used for concrete production and as the conventional soil stabilizer, is not environment friendly; (3) qualified natural aggregates for concrete production are being depleted; and (4) great amount of construction & demolition waste (C&D waste) is being produced every year. This means that green materials and recycling the …

Parental Age At Conception: An Examination Of Risk Factors Related To Autism Severity And Comorbid Psychopathology, Robert D. Rieske

LSU Doctoral Dissertations

Many researchers have cited the continuing increase in the prevalence of autism worldwide and have speculated on the potential causes of that increase. One theory that suggests at least a contributory effect is the general trend for parents to have children at later ages. Previous research has begun to examine the relationship between advanced parental age at conception and the incidence of autism and have noted strong relationships between advanced parental age and other developmental disabilities. The purpose of this study was to not only confirm the relationship between advanced parental age and autism risk but to extend that knowledge …

Identification Of The Causal Agent Of Leaf And Crown Rot Of Liriope In Louisiana, Carla Milena Proano

LSU Master's Theses

Leaf and crown rot of Liriope is an increasing problem affecting Liriope in the nursery and landscape for the past eight years primarily in the southeastern United States. Symptoms start with water soaking of leaves at the crown area, followed by yellowing of the entire leaf starting at the base. Affected crowns rot and leaves turn brown leading to death of the plants. Phytophthora palmivora and Fusarium oxysporum were isolated and identified from ‘Big Blue’ Liriope symptomatic plants taken from the nursery and landscape. The pathogens were positively identified by morphological features of the pathogens and then confirmed with polymerase …

Surrogates In Quebec: The Good, The Bad And The Foreigner, Régine Tremblay

All Faculty Publications

The regime for the formal establishment of parent-child relationships in the province of Quebec was substantially modified in 2002 in order to achieve equality. Reforms to filiation – the legal bond connecting child and mother or child and father – in Quebec provided means for same-sex couples to adopt, for lesbian couples to conceive using donated sperm and clarified the filiation of children born of assisted procreation. This ‘successful’ reform in terms of equality left untouched an existing rule justified by women’s equality, namely, what the civil law calls the absolute nullity of surrogacy agreements. Surrogacy raises questions about what …

Demolitions And Amendments: Coping With Cultural Recognition And Its Denial In Southern Israel, Emily Mckee

Faculty Articles, Papers, and Other Scholarship

This article examines how social preferences, in the form of cultural politics, become concretised in land laws. In Israel, Bedouin Arabs in unrecognised villages and Jewish farmers of individual farmsteads each faced governmental eviction orders and responded by seeking recognition of their land-use practices as legal. However, whereas Jewish farmers successfully mobilised place-based identities to gain legalisation, Bedouin Arabs' dwelling practices were not recognised as the legitimate basis for land claims, and their attempts to assert place-based identities have been denied. Instead, Bedouin Arabs faced pressures of 'de-cultural accommodation' and continued evictions. Ethnographic comparison of these two cases of 'illegal' …

Parent Involvement And Science Achievement During Students’ Transition Years From Elementary School To Middle School: A Cross-Lagged Panel Analysis Using Ecls-K, Letao Sun

Theses and Dissertations--Educational Policy Studies and Evaluation

Transitioning from elementary school to middle school can be a difficult time for many adolescents. It is a period often correlated with a decline in students’ academic achievement, perceptions of performance, potential, and value in schooling. Research has shown evidence that parents’ involvement in their children’s education significantly influences children’s academic achievement. However, there are many conflicting findings regarding this relationship.

The primary purpose of this study is to extend existing research on academic achievement by examining the causal relationship between parent involvement and science achievement during the transition years, using data from the Early Childhood Longitudinal Study, Kindergarten Class …

Rise Of The Administrator In Higher Education: Focus On Professionalization Of The Registrar At The University Of Kentucky From 1910 To 1937, Nancy D. Taylor

Theses and Dissertations--Educational Policy Studies and Evaluation

The decades following the Civil War saw a tremendous growth in the number of colleges and universities, both public and private, due in large part to funds provided by federal legislation under the Morrill Act of 1862 and a surge in philanthropy on the part of wealthy industrialists. In the early colleges and universities, administrations were typically run by the president alone. With increased enrollment and the demand for expanded services, one man could no longer handle all the administrative functions, and thus was born the administrative professional in higher education. Due to the increased demand for record-keeping, one of …

The Learning Station: A Holistic Single-Case Study Of An After School Program To Address The Achievement Gap, Serenity Wright

Theses and Dissertations--Educational Policy Studies and Evaluation

The three parts of this dissertation provide multiple perspectives on a single-case study of the ways in which the achievement gap is defined in one Kentucky school district. The case study focuses on the Learning Station, an after-school tutoring program that intended to address the achievement gap for minority and low-income students. Given the intensity of high stakes testing and testing frequency becoming part of the national mainstream conversation, the first part provides a brief overview of the various state and district mandated tests that students are required to take throughout the course of the year. I use quantitative data …

Success After Failure: An Examination Of Credit Recovery Options And Their Effect On College- And Career-Readiness, Kathryn B. Johnson

Theses and Dissertations--Science, Technology, Engineering, and Mathematics (STEM) Education

More than ever before, educators and researchers are keeping a keen eye on student college- and career-readiness. The widely adopted Common Core State Standards were written with the explicit goal of helping students to be college- or career-ready by the time they graduate from high school. However, many students experience setbacks, such as course failure, within their educational career placing them at risk for not reaching this goal. Because the ACT can predict student success in college, states often use benchmark scores from the exam to measure student college- and career-readiness. A student who fails to learn fundamental concepts in …

Concept Mapping: Effects On Content Knowledge And Engagement With Content In Elementary Students’ Persuasive Writing, Melissa E. Gardner

Theses and Dissertations--Curriculum and Instruction

This comparative pre-test/post-test quantitative study investigated the effect of an instructional strategy using concept mapping as a graphic organizer on the quality of persuasive writing compositions produced by fourth grade elementary school students. Six fourth grade classes were assigned as intact groups to three conditions: concept mapping treatment, four square treatment, and control. Participants wrote a pre-test essay prior to treatment. Treatment consisted of an instructional unit collaboratively developed by the researcher and classroom teachers on persuasive writing. Instruction for the three treatment groups was the same except for type of graphic organizer used (Concept Map, Four Square, or none). …

The Use Of Contrastive Analysis In Code-Switching From Appalachian English Dialect To Standard English Dialect, Shayla D. Mettille

Theses and Dissertations--Curriculum and Instruction

This study examined the use of an intervention, Contrastive Analysis (CA), with fourth-graders’ writing in a Central Appalachian elementary school. The purpose was to improve the use of Standard English in students’ writing in Appalachia by decreasing the number of vernacular features typically used in the writing. The researcher collected data through Consent and Assent Forms, interviews with the fourth-grade teacher, classroom observations and an accompanying CA observation evaluation rubric, pre- and post-writing prompts, selected writings and Writer Self-Perception Scale (WSPS), as well as communication data. Data analysis was accomplished for both the prompts, writing pieces and the WSPS scores. …

The Effect Of Fluid Periodization On Athletic Performance Outcomes In American Football Players, Christopher W. Morris

Theses and Dissertations--Kinesiology and Health Promotion

For decades strength and conditioning professionals have been seeking optimal training volumes and intensities to yield maximum performance outcomes without the onset of injury. Unfortunately, current studies apply experimental training techniques without considering the individuals’ response to the imposed training load. Due to the vast genetic variability and extraneous environmental factors that affect one’s ability to recover, results from such studies are controversial and inconclusive. Athlete monitoring systems offer an objective assessment that is purported to evaluate an individual’s physiological readiness to adapt to an overload stimulus and thus allow for daily manipulations in training loads (i.e., fluid periodization). However, …