Digital Commons Network^™

Anti-Social Behaviour, Expulsion From Condominium, And The Reconstruction Of Ownership, Douglas C. Harris

All Faculty Publications

Statutory condominium regimes facilitate massive increases in the density of owners. The courts are responding to this spatial reorganization of ownership by reconstructing what it means to be the owner of an interest in land. This article analyzes the ten cases over eight years (2008-2015) in which Canadian courts grant eviction and sale orders against owners within condominium for anti-social behaviour. The expulsion orders are new. Until these cases, ownership within condominium in Canadian common law jurisdictions was thought to be as robust as ownership outside condominium such that owners could not be evicted from and forced to sell their …

Transubstantiation In Canadian Public Law: Processing Substance And Instantiating Process, Mary Liston

All Faculty Publications

Canadian public law blurs process and substance, a result confirming the prevailing view that this dichotomy ought never to be conceived as a simplistic bright-line distinction. Recent developments have created more than just a blurring but, rather, a strong linking or even fusion of the two. This paper probes the implications of these developments in public law. Section two briefly presents the historic and jurisprudential distinctions between process and substance and assesses its current legal import. Here I argue that judicially created analytic frameworks could assist by bringing a process-substance problem to the surface and constraining its potentially pernicious effects. …

Taking Dignity Seriously: Excavating The Backdrop Of The Eighth Amendment, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The U.S. punishment system is in turmoil. We have a historically unprecedented number of offenders in prison, and our prisoners are serving longer sentences than in any other country. States are surreptitiously experimenting with formulas for lethal injection cocktails, and some prisoners are suffering from botched executions. Despite this tumult, the Eighth Amendment of our Constitution does place limits on the punishments that may be imposed and how they may be implemented. The difficulty, though, is that the Supreme Court’s Eighth Amendment jurisprudence is a bit of a mess. The Court has been consistent in stating that a focus on …

January 2016 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

The Viejo Period, Michael T. Searcy, Jane H. Kelley

Faculty Publications

Farming peoples thrived in the mountains, basins, and river valleys of northwestern Chihuahua for hundreds of years prior to the construction of platform mounds and ball courts at Paquime. Their small pithouse villages dotted the landscape near the rich floodplain of the Casas Grandes River, where they farmed maize, beans, and other goods. It was during this time (AD. 400-1200), known as the Viejo Period, that the foundations of the Chihuahuan culture were formed. While recognized as forming the roots of a more complex society, Viejo Period sites lack the monumental architecture and ornate pottery of the Medio Period (AD. …

Early Mimbres Households: Exploring The Late Pithouse Period (550–1000 Ad) At The Florida Mountain Site, Michael T. Searcy, Bernard Schriever, Matthew Taliaferro

Faculty Publications

Many studies have explored the household to understand social organization, production, and other dynamics of societies throughout the world. In this work, the approach outlined by Richard Wilk and colleagues is used to investigate households at the Florida Mountain Site, an intermittently occupied Late Pithouse period (550–1000 AD) residential site in the Mimbres Mogollon area of Southwestern New Mexico. Drawing on the similarities of this intermittent residential site to contemporaneous pitstructure sites in the Mimbres area, we suggest that one or more household units occupied the site. Our analysis also supports previous inferences that Mimbres households were integrated into more …

No Association Between Current Depression And Latent Toxoplasmosis In Adults, Bruce L. Brown, Shawn D. Gale, Andrew N. Berrett, Lance D. Erickson, Dawson W. Hedges

Faculty Publications

Changes in behaviour and cognition have been associated with latent infection from the apicomplexan protozoan Toxoplasma gondii (Nicolle et Manceaux, 1908) in both animal and human studies. Further, neuropsychiatric disorders such as schizophrenia have also been associated with latent toxoplasmosis. Previously, we found no association between T. gondii immunoglobulin G antibody (IgG) seropositivity and depression in human adults between the ages of 20 and 39 years (n = 1 846) in a sample representative of the United States collected by the Centers for Disease Control as part of a National Health and Nutrition Examination Survey (NHANES) from three datasets collected …

"Let The Beauty Of The Lord Our God Be Upon Us": The Importance Of An Aesthetic In The Ritualized Visualizations Of The Israelite Cult, Dan Belnap, Daniel L. Belnap

Faculty Publications

I n recent years, there has been a growing understanding that ritual and ritual environments are not only platforms for symbolic understanding but also structures that have physiological effect as well.1 The physiological effects on the senses, whether consciously perceived or not, add to the overall religious experience. If this is the case, the aesthetics, or the recognition of the sensual effects, is also important. With that in mind, I’d like to suggest that a visual aesthetic played a role in the Israelite cultic experience. More specifically, that a pleasing visual aesthetic as demonstrated in the presentation of color and …

Buyers In The Baby Market: Toward A Transparent Consumerism, Jody L. Madeira, June Carbone

Articles by Maurer Faculty

This Article assesses the forces on the horizon remaking the fertility industry, including greater consolidation in the health care industry, the prospects for expanding (or contracting) insurance coverage, the likely sources of funding for future innovation in the industry, and the impact of globalization and fertility tourism. It concludes that concentration in the American market, in contrast with other medical services, may not necessarily raise prices, and price differentiation may proceed more from fertility tourism than from competition within a single geographic region. The largest challenge may be linking those who would fund innovation, whether innovation that produces new high …

Beyond Dirks: Gratuitous Tipping And Insider Trading, Donna M. Nagy

Articles by Maurer Faculty

Did an investment banker who gratuitously shared material nonpublic information with his brother, with no expectation of receiving anything in return, commit securities fraud? And is the investment banker's brother-in-law jointly liable for trading securities on the basis of what he knew to be gratuitous tips? The Supreme Court is poised to answer those questions in Salman v. United States, after steering clear of insider trading law for nearly two decades. It has been even longer still since the Court last addressed securities fraud liability relating to stock trading tips-it articulated a "personal benefit" test for joint tipper-tippee liability in …

Managing Cyber Risks, Kristin N. Johnson

Georgia Law Review

Cyber risks are as pervasive as the technology that facilitates their execution. The threat of cyber attacks or plots to deploy cyber weapons against critical government entities, private businesses and domestic and international infrastructure resources creates a most significant risk management concern. Pernicious,perilous and ubiquitous, cyber risks have merged as the newest risk management frontier. While the consequences of cyber attacks against individual financial institutions may be alarming, the interconnectedness of the largest financial institutions in the global economy and their shared dependence on technology render these businesses and the systems that execute their transactions shockingly vulnerable. Because of the …

From Ripe To Rotten: An Examination Of The Continued Utility Of The Ripeness Doctrine In Light Of The Modern Standing Doctrine, Michael A. Delgaudio

Georgia Law Review

First year law students are generally taught that the justiciability doctrines of standing and ripeness perform distinct functions that work together to help courts determine whether an Article III "case or controversy" exists in particular suits. The standing doctrine, it is said, assists courts in this inquiry by determining who can bring suit, whereas the ripeness doctrine assists them by determining when someone can bring suit. This theoretical distinction in the doctrines' functions is based on the original forms the standing and ripeness doctrines took. Over the course of the past century, however, the Supreme Court has altered the standing …

Talking Textualism, Practicing Pragmatism: Rethinking The Supreme Court's Approach To Statutory Interpretation, Robert J. Pushaw Jr.

Georgia Law Review

The Supreme Court's general approach to statutory
interpretation is analytically incoherent. On the one
hand, the Court has expressly endorsed "textualism":
enforcing the plain meaning (i.e., ordinary usage) of a
statute's words, and therefore refusing to consider non-
textual evidence unless the language is unclear. On the
other hand, the Court has implicitly applied
'oragmatism"-reaching the best practical result after
examining not only a statute's text but also Congress's
intent (as revealed by legislative history), its overall
purposes, precedent, and policy.
The two cases upholding the Affordable Care Act (ACA)
illustrate this practice of purporting to follow textualism,
but then …

Applying Basic Gamification Techniques To It Compliance Training: Evidence From The Lab And Field, Ryan J. Baxter, D. Kip Holderness, David A. Wood

Faculty Publications

Companies depend on strong internal controls to protect the integrity of accounting information systems. IT security and data privacy training are critical controls to safeguarding company information. However, employees often dislike the training, which can cause a lack of attention to and poor understanding of training concepts, leading to less effective internal controls. To improve the training experience, companies are implementing principles of games into employee training modules; a practice known as gamification. Using a laboratory experiment of data privacy training and a field study involving a publicly-traded bank’s rollout of IT security training, we test whether a training environment …

Wsáneć Legal Theory And The Fuel Spill At Selektel (Goldstream River), Robert Clifford

All Faculty Publications

SELEK̵TEL̵ (Goldstream River), on Coast Salish territory on Southern Vancouver Island in British Columbia, is an important salmon spawning river and fishing location for the WSÁNEĆ (Saanich) people. On April 16, 2011, it was also the site of a diesel and gasoline spill.

In this article, I explore the processes of revitalizing WSÁNEĆ law and how we might think about the revitalization of WSÁNEĆ law in the context of this fuel spill. While I do not present a definitive statement of the application of WSÁNEĆ law, I explore what is needed in order to understand WSÁNEĆ law on its own …

Crossing The Line: Daubert, Dual Roles, And The Admissibility Of Forensic Mental Health Testimony, Sara Gordon

All Faculty Publications

Psychiatrists and other mental health professionals often testify as forensic experts in civil commitment and criminal competency proceedings. When an individual clinician assumes both a treatment and a forensic role in the context of a single case, however, that clinician forms a dual relationship with the patient—a practice that creates a conflict of interest and violates professional ethical guidelines. The court, the parties, and the patient are all affected by this conflict and the biased testimony that may result from dual relationships. When providing forensic testimony, the mental health professional’s primary duty is to the court, not to the patient, …

Leveraging Federal Land Plans Into Landscape Conservation, Robert L. Fischman

Articles by Maurer Faculty

Professor Fischman’s article suggests several ways in which a mandated unit-level (e.g. an individual national forest) plan can better contribute to goals of a larger region (e.g. the Willamette River watershed) and of federal agencies (e.g. mandates to maintain ecological integrity). The scientific literature is largely in agreement that achieving ecological integrity, adaptive management, and climate change resiliency all require large-scale coordination across property boundaries and jurisdictions. The author takes these widely accepted findings as a starting point and shows how public agencies can implement effective practices. The article attempts to integrate traditional regulatory analysis with actual planning practices as …

The Same-Actor Inference Of Nondiscrimination: Moral Credentialing And The Psychological And Legal Licensing Of Bias, Victor D. Quintanilla, Cheryl R. Kaiser

Articles by Maurer Faculty

One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference.

When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an “employee was hired and fired by the same person within a relatively short time span.” In the two decades since, the doctrine has widened and broadened in scope. It now subsumes many employment contexts well beyond hiring and firing, to scenarios in which the “same person” entails different groups of decision makers, and the …

Sphingolipid Metabolism And Insulin Resistance In Dairy Cattle, Jorge Eduardo Rico Navarrete

Graduate Theses, Dissertations, and Problem Reports (ETD)

No abstract provided.

Suffolk University Undergraduate Academic Catalog, College Of Arts And Sciences, 2016-2017, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for the undergraduate programs in the College of Arts and Sciences. The catalog is a PDF version of the Suffolk website, so many pages have repeated information and links in the document will not work.

The catalog is keyword searchable by clicking ctrl+f. A-Z course descriptions are also included here as a separate PDF file listing all CAS course offerings. Please contact the Archives if you need assistance navigating this catalog or finding information on degree requirements or course descriptions.

Suffolk University Graduate Academic Catalog, College Of Arts And Sciences And Sawyer Business School, 2016-2017, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for the graduate programs in the College of Arts and Sciences and the Sawyer Business School. The catalog is a PDF version of the Suffolk website, so many pages have repeated information and links in the document will not work.

The catalog is keyword searchable by clicking ctrl+f. A-Z course descriptions are also included here as separate PDF files with lists of CAS and SBS courses. Please contact the Archives if you need assistance navigating this catalog or finding information on degree requirements or course descriptions.

Multi-Modality Human Action Recognition, Yu Zhu

Graduate Theses, Dissertations, and Problem Reports (ETD)

Human action recognition is very useful in many applications in various areas, e.g. video surveillance, HCI (Human computer interaction), video retrieval, gaming and security. Recently, human action recognition becomes an active research topic in computer vision and pattern recognition. A number of action recognition approaches have been proposed. However, most of the approaches are designed on the RGB images sequences, where the action data was collected by RGB/intensity camera. Thus the recognition performance is usually related to various occlusion, background, and lighting conditions of the image sequences. If more information can be provided along with the image sequences, more data …

Effects Of Executive Functioning On False Memory In Children, Pamela Swift Tessier

Graduate Theses, Dissertations, and Problem Reports (ETD)

Misremembering is a common phenomenon in normal human development that has great potential to become problematic, especially in legal situations. The Deese/Roediger--McDermott (DRM; Deese, 1959; Roediger & McDermott, 1995) model has been commonly used in the literature to uncover mechanisms for why these false memories may occur. Children have only recently begun to be investigated using this paradigm. Some related mechanisms in children for false recollection that have yet to be investigated are child executive functioning and socioeconomic status. In the current study, executive functioning was investigated as a potential mechanism for false recollections using a DRM paradigm. Children completed …

Association Of Urinary Phthalates With Self-Reported Eye Affliction/Retinopathy In Individuals With Diabetes: National Health And Nutrition Examination Survey, 2001-2010, Manju Mamtani, Joanne E. Curran, John Blangero, Hemant Kulkarni

School of Medicine Publications

Background. An epidemiological association between exposure to phthalates and type 2 diabetes (T2D) is known. However, the potential role of environmental phthalates in the complications of T2D is unknown. Methods. Using data from the National Health and Nutrition Examination Survey (NHANES) 2001-2010, we studied the association of 12 urinary phthalate metabolites with self-reported eye affliction/retinopathy in 1,004 participants with diabetes. Data from retinal imaging was used to validate this outcome. Independence of the phthalates→T2D association was studied by adjusting for age, sex, race, marital status, educational attainment, poverty income ratio, physical activity, glycated hemoglobin levels, total serum cholesterol, serum high-density …

The “Spirit” That Returns To God In Ecclesiastes 12:7, Dana M. Pike

Faculty Publications

Influenced by the Restoration doctrine of premortality, some Latter-day Saints have employed the KJV translation “the spirit” in Ecclesiastes 12:7 to support the doctrine that spirit personages leave their mortal bodies at death. Furthermore, Latter-day Saints have sometimes asserted, again citing Ecclesiastes 12:7, that a premortal spirit being can only “return” to God because it previously came from him. This verse has thus become one of several in the Old Testament that some Latter-day Saints have employed as support for premortal existence, a doctrine that is so important in the broader plan of salvation.

Music Videos As Meaningful Entertainment? Psychological Responses To Audio-Visual Presentations Of Song Narratives, Lea Margarete Schlue

Graduate Theses, Dissertations, and Problem Reports (ETD)

Combining auditive, visual, and textual elements in a unique way, music videos are currently one of the most popular and viral forms of entertainment media. Narrative music videos, in particular, engage their viewers by visually communicating the meaning of a song and its lyrics, which possibly employs them as a useful tool to communicate social, political and cultural messages to a broad audience, and implicates their social and cultural relevance. The purpose of this study was to test whether visual presentations of song narratives (as in music videos) foster a more transporting, engaging, enjoyable, and appreciative entertainment experience than listening …

The Evaluation And Interpretation Of Controls Used In Three Commercially Available Quantification Kits For Forensic Dna Analysis, Stephanie R. Schottke

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research presented an idea to aid crime laboratories in the selection of the best quantification method for use in DNA analysis in their laboratory. The goal of this research was to evaluate the suitability of using an external reference standard, the NIST SRM 2372 Human Quantitation Standard, to increase the quality of quantification results of human DNA analysis in commercially available kits. Additionally, the DNA standard included with the commercial kit, used for developing a standard curve, was evaluated for accuracy and stability beyond the recommended time frame. The commercial quantification kits tested were: QuantifilerRTM Trio DNA Quantification Kit …

The Physiology Of Apology: An Investigation Into Potential Sex Differences, Daniel Stephenson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Current literature on apology indicates that men and women differ in the types of apologies they offer and accept. In a recent study, Whited, Wheat, and Larkin (2010) showed that males and females may also experience differing physiological benefits following an apology. The purpose of the current study was to replicate the experimental study by Whited et al. and extend it by examining two different types of apologies. This study employed a 2 (men, women) X 3 (elaborate apology, simple apology, no apology) between subjects design to determine whether sex of participant and type of apology influenced the rate of …

Geotechnical Testing And Finite Element Modeling Of Geomorphic Landform Design With A Multi-Layer Cap And Cover System, Jeffrey R. Stevens

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research was aimed at implementation of Geomorphic Landform Design (GLD) principles to the Royal Scot abandoned coal refuse disposal facility in Greenbrier County, West Virginia, USA. This facility currently exhibits many undesirable environmental problems including acid-mine drainage and significant erosion and sediment transport.;A multi-layer cap and cover system in conjunction with GLD principles was proposed as a solution to these environmental problems. This cover is proposed to be constructed from the coarse coal refuse material on-site and a short paper fiber material (MGro(TM)) from the MeadWestVaco paper mill in nearby Covington, Virginia, USA. To determine the possible effectiveness of …

Pigeons And Humans Time Miscued Intervals, Shrinidhi Subramaniam

Graduate Theses, Dissertations, and Problem Reports (ETD)

Cues signaling time to reinforcer availability can be highly informative, somewhat informative, or uninformative of the specific time to reinforcement. The purpose of this series of studies was to characterize the functional relation between miscues and pigeon and human response patterns in a peak-interval (PI) procedure. In Experiment 1, pigeons pecked keys to earn food in a cued and miscued PI procedure. Each session consisted of fixed-interval (FI) 2-s and 4-s schedules of food and occasional, 12-s PI trials during which pecks had no programmed consequences. The correlation between visual cues (red or green key light colors) and the schedule …