Digital Commons Network^™

The Posse Comitatus Act Of 1878 And The End Of Reconstruction., Andrew Buttaro

St. Mary's Law Journal

Abstract Forthcoming.

Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas., Meagan Mckeown

St. Mary's Law Journal

Abstract Forthcoming.

Testing A Model Of Caffeinated Alcohol-Specific Expectancies, Ashley N. Linden-Carmichael, Cathy Lau-Barraco, Amy L. Stamates

Psychology Faculty Publications

Introduction- The present study sought to further understand the association between caffeinated alcoholic beverage (CAB) use and alcohol-related risks. In particular, we focused on the role of two identified expectancies specific to CAB use: intoxication enhancement and avoidance of negative consequences. Although outcome expectancies are consistent predictors of substance use, limited research has examined expectancies related to CAB use and their association with alcohol-related behaviors, such as protecting themselves from alcohol-related harms. Consequently, the present study examined CAB-specific expectancies and protective behavioral strategies (PBS) as mediators of CAB use and negative consequences.

Methods- Participants were 322 (219 women) college drinkers …

Immigration Hypocrisy And Its Destructive Effect On The Economic And Families., Justin Estep

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Immigrants For Sale: Corporate America Puts A Price Tag On Sexual Abuse., Bessie Muñoz

The Scholar: St. Mary's Law Review on Race and Social Justice

Current immigration law and the privatization of immigration detention centers have made it highly likely that immigrants will be detained. Immigrants will continue to migrate to the United States, and if the immigration policies require detention, the government needs to enforce the compliance of the Prison Rape Elimination Act (PREA) standards, especially in private detention centers. Illegal immigration is not to be condoned, but immigrants still retain the human right to be treated with dignity, free from sexual violence. There are three different types of immigration detention facilities, but the ones owned by private government contractors do not have to …

Do Black Lives Matter? Race As A Measure Of Injury In Tort Law., Alberto Bernabe

The Scholar: St. Mary's Law Review on Race and Social Justice

Courts should not recognize an injury for wrongful birth or wrongful life based on the race of the child. In Cramblett v. Midwest Sperm Bank, the petitioner contracted with a sperm bank to be artificially inseminated from an anonymous sperm donor. The petitioner selected a donor with blond hair and blue eyes. The sperm bank accidentally inseminated the petitioner with sperm from a different donor. Petitioner gave birth to a mixed-race baby girl. Two years after the birth, petitioner filed a lawsuit against the sperm bank alleging wrongful birth. The court dismissed her case, nonetheless the issue remains whether race …

Venturing Into A Minefield: Potential Effects Of The Hobby Lobby Decision Of The Lgbt Community., Aglae Eufracio

The Scholar: St. Mary's Law Review on Race and Social Justice

While freedom of religion is a right guaranteed to the American people, what that freedom entails, is often misunderstood. Religious freedom affords every American the right to practice any faith without fear of being persecuted or ostracized by the government. This fundamental right is frequently used to oppress certain groups of Americans because their lifestyle is not in accordance with traditional Christian values. This was highlighted in the recent case of Burwell v. Hobby Lobby. The controversy stemmed from the corporation’s use of religion as a method to deny women access to full healthcare coverage, citing religious opposition to abortion …

Can Strategic Risk Management Contribute To Enterprise Risk Management? A Strategic Management Perspective, Phil Bromiley, Devaki Rau, Michael K. Mcshane

Finance Faculty Publications

Within the discipline of enterprise risk management (ERM), strategic risk management (SRM) has become a subject of increasing interest to practitioners and academics. To our knowledge, the term “strategic risk management” first appeared in the management literature in 1985 and 1986 (Jammine, 1985; Figenbaum & Thomas, 1986) and in the academic finance literature in 1990 (Rawls and Smithson, 1990), although early usage of the term did not clearly relate to later conceptions. The phrase has been in use even longer than ERM (Bromiley, McShane, Nair, and Rustambekov, 2014). Even with this longevity, the meaning of the term remains unclear, with …

Idiosyncratic Risk And Earnings Noncommonality, Kenneth Yung, Qian Sun, Hamid Rahman

Finance Faculty Publications

The seminal Campbell et al. (2001) paper showing that idiosyncratic risk has increased considerably in recent years has spawned a large number of articles to explain the phenomenon. In this paper, we propose growing earnings noncommonality as a possible source of the increasing idiosyncratic volatility. The empirical results of this research validate this proposition. Our conclusions stand the test of several robustness checks which show that market power and innovativeness previously considered in literature as sources of increased idiosyncratic volatility are not significant in the presence of earnings noncommonality. The findings of this research will be useful for analysts and …

Enterprise Risk Management: Review, Critique, And Research Directions, Philip Bromily, Michael Mcshane, Anil Nair, Elzotbek Rustambekov

Finance Faculty Publications

Many regulators, rating agencies, executives and academics have advocated a new approach to risk management: Enterprise Risk Management (ERM). ERM proposes the integrated management of all the risks an organization faces, which inherently requires alignment of risk management with corporate governance and strategy. Academic research on ERM is still in its infancy, with articles largely in accounting and finance journals but rarely in management journals. We argue that ERM offers an important new research domain for management scholars. A critical review of ERM research allows us to identify limitations and gaps that management scholars are best equipped to address. This …

Choosing A Safe, Efficient Blow Gun, François Ouellet, Marjolaine Thibeault

Fiches

No abstract provided.

Chemical Ecology Of The Coffee Berry Borer, Hypothenemus Hampei Ferrari (Coleoptera: Scolytidae): The Role Of Two Spiroacetals In The Insect-Host Communication System, Teresiah Nyambura Njihia

All Master’s Theses

The Coffee Berry Borer, Hypothenemus hampei Ferrari is the most important pest of coffee worldwide. The predominant method for the pest control is application of broad spectrum pesticides, but they are often toxic to humans and pollute the environment, hence the need to search for safer alternatives. Spiroacetals represent a group of semiochemicals often used to manage various pests through manipulation of their behaviour. This study which was carried out between January 2013 and December 2013 sought to investigate the effect of two synthetic spiroacetals viz. brocain (1,6-dioxaspirol[4.5] decane) and frontalin (1,5-dimethyl-6,8-dioxabicyclo[3.2.1] octane) obtained from volatiles of coffee berries on …

The Effect Of Rearing Temperature On The Vector Competence Of Ae. Aegypti Mosquito Populations From Kilifi And Nairobi Counties For Dengue-2 Virus, Edith Chepkorir

All Master’s Theses

Susceptibility of Ae. aegypti mosquito to dengue virus (DENV) varies geographically and can be influenced by climatic factors such as temperature, which affect the incidence, seasonality and distribution of vector-borne diseases. The first outbreak of dengue fever (DF) in Kenya occured in 1982 in the coastal towns of Malindi and Kilifi. Unlike Nairobi where no active dengue transmission has been reported, DF is currently re-emerging at the Coast causing major outbreaks. This study investigated the effect of rearing temperature on the vector competence of Ae. aegypti populations from Kilifi and Nairobi counties for dengue-2 virus. A total of 1,117 four-day …

Economic Evaluation Of Integrated Pest Management Technology For Control Of Mango Fruit Flies In Embu County, Kenya, Mary Njeri Kibira

All Master’s Theses

Mango is the third most important fruit in Kenya in terms of area and total production. Nutritionally, mango fruit is important for vitamins and mineral provision in the daily diet of Kenyans. As an export crop, mango earns the country foreign exchange, acts as source of food and household income especially for resource poor farmers, contributing to poverty alleviation and achievement of Millennium Development Goal number one. However, mango production and marketing is constrained by several factors, among which pests and disease infestation is major. Among the pests, mango fruit fly present a real challenge to producers and exporters due …

Chemical Composition Of Ocimum Kilimandscharicum And Ocimum Americanum And Their Bioactivities Against Sitophilus Zeamais, Davis R. Mathu

All Master’s Theses

The maize weevil, Sitophilus zeamais (Motchulsky), the lesser grain borer, Rhyzopertha dominica (Fabricius), and the Angoumois grain moth, Sitotroga cerealella (Oliver), are serious pests of stored grain in Kenya. The control of these insect pests relies heavily on the use of synthetic insecticides by better off farmers; but there is an increasing cost of application and erratic supply in developing countries. In addition, small-scale farmers cannot afford these commercial products and there increasing cases of resistance development by the pests. In contrast with synthetic pesticides, the traditional uses of plants-derived pesticides are usually simple, eco-friendly, cost-effective and accessible to communities …

Adsorption Of Heavy Metals From Aqueous Solutions Using Mangroves From Kenyan Coast, Fidelis Ngugi

All Master’s Theses

In this study, adsorption of heavy metals (copper, lead, zinc and cadmium) from aqueous solutions was investigated using mangrove biomass from the Kenyan Coast. The efficacy of mangrove biomass on the removal of divalent metal ions from aqueous solutions was investigated in single state in batch mode. Batch experiments involved the study of the effects of initial pH, temperature, initial concentration of the metal ion, adsorbent dosage and contact time on metal ions adsorption. The roots showed highest ability for the uptake of heavy metals (Cu, Zn, Cd and Pb) from aqueous solutions and were therefore used for all subsequent …

The Role Of Social Capital In Malaria Control In Nyabondo, Western Kenya, David Mensah

All Master’s Theses

By 2015, target 8 of the United Nations Millennium Development Goal number six aimed to have halted and began to reverse the incidence of malaria and other major diseases. One of the strategies through which this target was expected to be achieved is to increase the proportion of the population in malaria risk areas who use effective malaria prevention and treatment measures. Malaria is one of the most common vector-borne diseases widespread in tropical and subtropical regions, including parts of the America, Asia, and Africa. Over half of all malaria cases are known to occur in five African countries, including …

Periodic State Revivals In Commensurate Waveguide Arrays, Jovan Petrovic, J. J. P. Veerman

Mathematics and Statistics Faculty Publications and Presentations

Emerging optical and quantum computers require hardware capable of coherent transport of and operations on quantum states. Here, we investigate finite optical waveguide arrays with linear coupling as means of efficient and compact coherent state transfer. Coherent transfer with periodic state revivals is enabled by engineering coupling coefficients between neighbouring waveguides to yield commensurate eigenvalue spectrum. Particular cases of finite arrays have been actively studied to achieve the perfect state transfer by mirroring the input into the output state.

We explore a much wider scope of coherent propagation and revivals of both the state amplitude and phase. We analytically solve …

Book Review, Mario L. Barnes

Articles

Reviewing Pulled Over: How Police Stops Define Race and Citizenship by Charles Epp, Steven Maynard-Moody, and Donald Haider (2014).

Institutionalizing The Uspto Law School Clinic Certification Program For Transactional Law Clinics, Jennifer S. Fan

Articles

With 188 transactional law clinics nationwide and the United States Patent and Trademark Office (“USPTO”) Law School Clinic Certification Program (“Program”) recently established as a statutory program of the USPTO, this Article argues that every transactional clinic that works on trademark and patent applications should apply to become part of the Program. In satisfying the participation requirements of the Program, transactional law clinics will usher in a new, uniform way to educate aspiring intellectual property attorneys. As a result, the law students will not only be “practice ready,” but also more effective attorneys once they are in practice. Participating in …

Coming Of Age: Innovation Districts And The Role Of Law Schools, Jennifer S. Fan

Articles

New urban models, dubbed “innovation districts” are gaining traction in entrepreneurial-focused areas across the United States. This article begins by defining what innovation districts are. It then examines the potential role that law schools, together with technology transfer offices, can play as innovation cultivators within such districts. Specifically, it looks at three potential models that law schools can consider when contemplating a relationship with the technology transfer office within a university. Integrating a clinic and technology transfer office within an innovation district does not come without its challenges, however. Accordingly, this article will suggest ways for transactional law clinics to …

"Driving While Black" Redux: Illuminating New And Myriad Aspects Of Auto(Matic) Inequality, Mario Barnes

Articles

Reviewing Charles R. Epp, Steven Maynard-Moody, and Donald Haider-Markel, Pulled Over: How Police Stops Define Race and Citizenship (2014).

Pragmatism Rules, Elizabeth G. Porter

Articles

The Roberts Court’s decisions interpreting the Federal Rules of Civil Procedure are reshaping the litigation landscape. Yet neither scholars, nor the Court itself, have articulated a coherent theory of interpretation for the Rules. This Article constructs a theory of Rules interpretation by discerning and critically examining the two starkly different methodologies the Roberts Court applies in its Rules cases. It traces the roots of both methodologies, explaining how they arise from — and reinforce — structural, linguistic, and epistemological tensions inherent in the Rules and the rulemaking process. Then, drawing from administrative law, it suggests a theoretical framework that accommodates …

In The Stewardship Of Business Model Innovation, Robert W. Gomulkiewicz

Articles

No abstract provided.

Corporate Social Responsibility Versus Business And Human Rights: Bridging The Gap Between Responsibility And Accountability, Anita Ramasastry

Articles

This article explores the evolution of business and human rights (BHR) from a lawyer’s perspective and examines how it is contextually and conceptually different from corporate social responsibility (CSR) in its aims and ambitions. While CSR emphasizes responsible behavior, BHR focuses on a more delineated commitment in the area of human rights. BHR is, in part, a response to CSR and its perceived failure. This has led to a gap with two disciplines or strands of discourse that are diverging rather than converging. This article explores how the quest for accountability shapes a very different narrative for BHR, which takes …

White Paper: Options For A Treaty On Business And Human Rights, Anita Ramasastry, Douglass Cassell

Articles

The United Nations Human Rights Council decided in June 2014 to establish an Intergovernmental Working Group to “elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.” The first meeting of the Working Group took take place in Geneva in July 2015. The Council did not further specify what sort of instrument should be drafted. The Center for Human Rights of the American Bar Association and the Law Society of England and Wales asked the present authors to prepare a “White Paper” on possible options for a treaty …

Revisiting The Client Conundrum: Whom Does Lawyer For A Government Represent, And Who Gives Direction To That Governmental Lawyer?, Hugh D. Spitzer

Articles

The issue of identifying a government attorney’s client is age-old, and Washington’s Rules of Professional Conduct provide somewhat different answers for lawyers who are government employees and for those who are with private firms. The matter becomes even more interesting when a government entity’s attorney is a publicly-elected legal official: an attorney general, prosecuting attorney, or city attorney in the case of Seattle and a number of other cities around the country. Others have written thoughtful pieces on the topic from a national perspective, and there is at least one excellent but slightly outdated piece by District of Columbia municipal …

"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh D. Spitzer

Articles

This Article focuses on the tension between the late-nineteenth-century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the “Dillon’s Rule” doctrine …

The Struggle To Bury Pre-Existing Condition Consideration, Sallie Thieme Sanford [email protected]

Articles

As of January 1, 2014, applicants for comprehensive health insurance do not face questions about their health history. The ACA prohibits health insurers from considering an individual’s health history in determining whether to sell that person a comprehensive health insurance policy, the policy’s price, or its coverage terms. Pre-existing condition (PEC) consideration is, in this crucial context, dead. Few will mourn its passing. This legislative milestone marks a significant step towards the goal of a healthier population. While celebrating this achievement, however, in this article I argue that we ought to recall the context of PEC consideration, its practical application, …

‘Truth And Reconciliation’: A Critical Step Toward Eliminating Race And Gender Violations In Tenure Wars, Tamara F. Lawson, Angela Mae Kupenda

Articles

“All is fair in love and war,” and . . . tenure battles? However, even in war there are rules of engagement. In “tenure wars” rules apply too. The American Bar Association requires law schools to employ clear rules of engagement in “tenure wars,” akin to how the United Nations collectively proscribes rules of war between nation states as well as punishes violations committed on the battlefield. When innocent nations are attacked by illegal acts of aggression, a coalition of the willing allies within the United Nations defends against the aggression.

Even if all is fair in love, war, and …