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2016

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Identifying Plant Functional Traits To Assist Ecological Intervention In A Drying Landscape, Ana Luiza Muler Jan 2016

Identifying Plant Functional Traits To Assist Ecological Intervention In A Drying Landscape, Ana Luiza Muler

Theses: Doctorates and Masters

Mediterranean-type ecosystems (MTEs) are among the most vulnerable to land use and climate change and many attempts are in place to restore these ecosystems. Therefore, it is necessary to assess differences in plants’ ability to withstand water-stress, including biotic interactions. Such knowledge helps us understand community assembly, which is crucial for ecological intervention. This study involved: (1) reviewing the literature on traits that can differentiate functional types; (2) adapting the methodology to measure leaf water potential at turgor loss point (πtlp) for small-leaved species; (3) using these traits to quickly identify water-use strategies of adult …


Exploratory Psychomteric Properties Of The Farsi And English Version Of Spiritual Needs Questionnaire (Spnq), Nejat Nazi, Lisa Whitehead, Marie Crowe Jan 2016

Exploratory Psychomteric Properties Of The Farsi And English Version Of Spiritual Needs Questionnaire (Spnq), Nejat Nazi, Lisa Whitehead, Marie Crowe

Research outputs 2014 to 2021

The aim of this study was to translate and test the psychometric properties of a Farsi and an English version of the spiritual needs questionnaire (SpNQ) a measure originally developed in German. The World Health Organization guideline for translating and validating questionnaires was used. Participants were recruited from hospitals in Iran and New Zealand during an outpatient follow-up appointment after cancer treatment. People diagnosed with cancer in Iran (68) and New Zealand (54) completed and returned the SpNQ (at time 1) and within the two week time period (time 2). Cronbach’s alpha ranged from 0.79 to 0.92, except for the …


Re-Conceptualising Graduate Employability: The Importance Of Pre-Professional Identity, Denise Jackson Jan 2016

Re-Conceptualising Graduate Employability: The Importance Of Pre-Professional Identity, Denise Jackson

Research outputs 2014 to 2021

Despite efforts to broaden the concept of graduate employability, there remains an overarching focus on developing industry-relevant employability skills. The skills-based approach is, however, too narrow and does not fully capture the complexity of graduate work-readiness. This paper argues for the redefining of graduate employability by embracing pre-professional identity (PPI) formation. PPI relates to an understanding of and connection with the skills, qualities, conduct, culture and ideology of a student's intended profession. The ‘communities of practice’ model is drawn upon to demonstrate how PPI can be developed during university years. Here, a student makes sense of his/her intended profession through …


Can Changing The Timing Of Outdoor Air Intake Reduce Indoor Concentrations Of Traffic-Related Pollutants In Schools?, Morgan Macneill, Nina A. Dobbin, Mélissa St-Jean, Lance A. Wallace, Leonora Marro, T. Shin, Hongyu You, Ryan H. Kulka, Ryan W. Allen, Amanda J. Wheeler Jan 2016

Can Changing The Timing Of Outdoor Air Intake Reduce Indoor Concentrations Of Traffic-Related Pollutants In Schools?, Morgan Macneill, Nina A. Dobbin, Mélissa St-Jean, Lance A. Wallace, Leonora Marro, T. Shin, Hongyu You, Ryan H. Kulka, Ryan W. Allen, Amanda J. Wheeler

Research outputs 2014 to 2021

Traffic emissions have been associated with a wide range of adverse health effects. Many schools are situated close to major roads, and as children spend much of their day in school, methods to reduce traffic-related air pollutant concentrations in the school environment are warranted. One promising method to reduce pollutant concentrations in schools is to alter the timing of the ventilation so that high ventilation time periods do not correspond to rush hour traffic. Health Canada, in collaboration with the Ottawa-Carleton District School Board, tested the effect of this action by collecting traffic-related air pollution data from four schools in …


'Face' And Psychological Processes Of Laid-Off Workers In Transitional China, Bingxin Wang, Kenneth M. Greenwood Jan 2016

'Face' And Psychological Processes Of Laid-Off Workers In Transitional China, Bingxin Wang, Kenneth M. Greenwood

Research outputs 2014 to 2021

Objective:

The objective was to explore the psychological experiences of laid-off workers in contemporary transitional China and to formulate a theoretical model of these.

Methods:

In-depth interviews of 26 laid-off workers were conducted and analysed using grounded theory techniques.

Results:

Four themes underline the psychological processes of these laid-off workers - feeling of loss, feeling of physical pain, feeling of fatalism, and final acceptance. These are characterized by Chinese culture and its philosophy - feeling of loss is dominated by their loss of face (diu mianzi), physical pain is a somatization of their mental painfulness, their fatalism is traced back …


Incidence, Risk Factors And The Healthcare Cost Of Falls Postdischarge After Elective Total Hip And Total Knee Replacement Surgery: Protocol For A Prospective Observational Cohort Study, Anne-Marie Hill, Gail Ross-Adjie, Steven M. Mcphail, Leanne Monterosso, Max Bulsara, Christopher Etherton-Beer, Sarah-Jayne Powell, Gerard Hardisty Jan 2016

Incidence, Risk Factors And The Healthcare Cost Of Falls Postdischarge After Elective Total Hip And Total Knee Replacement Surgery: Protocol For A Prospective Observational Cohort Study, Anne-Marie Hill, Gail Ross-Adjie, Steven M. Mcphail, Leanne Monterosso, Max Bulsara, Christopher Etherton-Beer, Sarah-Jayne Powell, Gerard Hardisty

Research outputs 2014 to 2021

Introduction:

The number of major joint replacement procedures continues to increase in Australia. The primary aim of this study is to determine the incidence of falls in the first 12 months after discharge from hospital in a cohort of older patients who undergo elective total hip or total knee replacement.

Method and analyses:

A prospective longitudinal observational cohort study starting in July 2015, enrolling patients aged ≥ 60 years who are admitted for elective major joint replacement (n = 267 total hip replacement, n = 267 total knee replacement) and are to be discharged to the community. Participants are followed …


The Relationship Between Neurocognitive Functioning And Occupational Functioning In Bipolar Disorder: A Literature Review, Walace Duarte, Rodrigo Beccerra, Kate Cruise Jan 2016

The Relationship Between Neurocognitive Functioning And Occupational Functioning In Bipolar Disorder: A Literature Review, Walace Duarte, Rodrigo Beccerra, Kate Cruise

Research outputs 2014 to 2021

Neurocognitive impairment in Bipolar Disorder (BD) has been widely reported, even during remission. Neurocognitive impairment has been identified as a contributing factor towards unfavourable psychosocial functioning within this population. The objective of this review was to investigate the association between neurocognitive impairment and occupational functioning in BD. A literature review of English-language journal articles from January 1990 to November 2013 was undertaken utilising the PsychINFO, Scopus and Web of Knowledge databases. Studies that made specific reference to occupational outcomes were included, and those that reported on global psychosocial measures were excluded. Majority of the papers reviewed (20 out of 23) …


Digital Storytelling As A Means Of Supporting Digital Literacy Learning In An Upper-Primary-School English Language Classroom, Natalia Churchill Jan 2016

Digital Storytelling As A Means Of Supporting Digital Literacy Learning In An Upper-Primary-School English Language Classroom, Natalia Churchill

Theses: Doctorates and Masters

Digital literacy learning has become a requirement created by the wide development and application of new technologies for communication and representation. In the context of this study, ‘digital literacy’ is defined as a set of skills that enable an individual to use technologies to work with information. It builds on the traditional literacies of reading, writing, listening and speaking and includes elements of information literacy, media literacy and technology skills.

The purpose of this study was to investigate digital literacy learning in terms of the set of competencies - aspects of digital literacy - that a student in an …


Human Resource Planning Practices In The Omani Public Sector: An Exploratory Study In The Ministry Of Education In The Sultanate Of Oman, Adnan S. Al Wahshi Jan 2016

Human Resource Planning Practices In The Omani Public Sector: An Exploratory Study In The Ministry Of Education In The Sultanate Of Oman, Adnan S. Al Wahshi

Theses: Doctorates and Masters

Human resource planning (HRP) is the management process that helps organisations prepare for the number of employees and the types of skills needed to achieve organisational goals and objectives. In short, the aim of HRP is to have the right people in the right place at the right time. However, unlike the private sector, HRP practices are not widespread in the public sector. Literature on the ways in which HRP is conducted in public sector organisations has been limited to date. While the process of moving from traditional models of public management to New Public Management (NPM), and the Resource-Based …


Building Online Community On Snac: A Netnographic Study Of The Early Years Sector, Ruth Wallace, Leesa Costello, Amanda Devine Jan 2016

Building Online Community On Snac: A Netnographic Study Of The Early Years Sector, Ruth Wallace, Leesa Costello, Amanda Devine

Research outputs 2014 to 2021

‘‘Build it and they will come,’’ an adage critiqued as a common misconception of participatory engagement with online communities. Previous research indicated that a netnographic approach based upon researcher– participant engagement would provide the best opportunity to build and sustain a successful support community [...].


Setting Research Priorities To Improve Global Newborn Health And Prevent Stillbirths By 2025, Sachiyo Yoshida, Jose Martines, Joy E. Lawn, Stephen Wall, Joao Paulo Souza, Igor Rudan, Simon Cousens, Peter Aaby, Ishag Adam, Ramesh Kant Adhikari, Namasivayam Ambalavanan, Shams El Arifeen, Dhana Raj Aryal, Sk Asiruddin, Abdullah Baqui, Aluisio J.D. Barros, Christine S. Benn, Vineet Bhandari, Shinjini Bhatnagar, Sohinee Bhattacharya, Zulfiqar A. Bhutta, Robert E. Black, Hannah Blencowe, Carl Bose, Justin Brown, Christoph Buehrer, Wally Carlo, Jose Guilherme Cecatti, Po-Yin Cheung, Robert Clark, Tim Colbourn, Agustin Conde-Agudelo, Erica Corbett, Andrew E. Czeizel, Abhik Das, Louise Tina Day, Carolyn Deal, Ashok Deorari, Ugur Dilmen, Mike English, Cyril Engmann, Fabian Esamai, Caroline Fall, Donna M. Ferriero, Peter Gisore, Tabish Hazir, Rosemary D. Higgins, Caroline S.E. Homer, Dewan E. Hoque, Lorentz Irgens, Mohammad T. Islam, Joseph De Graft-Johnson, Martias Alice Joshua, William Keenan, Soofia Khatoon, Helle Kieler, Michael S. Kramer, Eve M. Lackritz, Tina Lavender, Laurensia Lawintono, Richard Luhanga, David Marsh, Douglas Mcmillan, Patrick J. Mcnamara, Ben Willem J. Mol, Elizabeth Molyneux, Gelasius K. Mukasa, Miriam Mutabazi, Luis Carlos Nacul, Margaret Nakakeeto, Indira Narayanan, Bolajoko Olusanya, David Osrin, Vinod Paul, Christian Poets, Uma M. Reddy, Mathuram Santosham, Rubayet Sayed, Natalia E. Schlabritz-Loutsevitch, Nalini Singhal, Mary Alice Smith, Peter G. Smith, Sajid Soofi, Catherine Y. Spong, Shahin Sultana, Antoinette Tshefu, Frank Van Bel, Lauren Vestewig Gray, Peter Waiswa, Wei Wang, Sarah L.A. Williams, Linda Wright, Anita Zaidi, Yanfeng Zhang, Nanbert Zhong, Isabel Zuniga, Rajiv Bahl Jan 2016

Setting Research Priorities To Improve Global Newborn Health And Prevent Stillbirths By 2025, Sachiyo Yoshida, Jose Martines, Joy E. Lawn, Stephen Wall, Joao Paulo Souza, Igor Rudan, Simon Cousens, Peter Aaby, Ishag Adam, Ramesh Kant Adhikari, Namasivayam Ambalavanan, Shams El Arifeen, Dhana Raj Aryal, Sk Asiruddin, Abdullah Baqui, Aluisio J.D. Barros, Christine S. Benn, Vineet Bhandari, Shinjini Bhatnagar, Sohinee Bhattacharya, Zulfiqar A. Bhutta, Robert E. Black, Hannah Blencowe, Carl Bose, Justin Brown, Christoph Buehrer, Wally Carlo, Jose Guilherme Cecatti, Po-Yin Cheung, Robert Clark, Tim Colbourn, Agustin Conde-Agudelo, Erica Corbett, Andrew E. Czeizel, Abhik Das, Louise Tina Day, Carolyn Deal, Ashok Deorari, Ugur Dilmen, Mike English, Cyril Engmann, Fabian Esamai, Caroline Fall, Donna M. Ferriero, Peter Gisore, Tabish Hazir, Rosemary D. Higgins, Caroline S.E. Homer, Dewan E. Hoque, Lorentz Irgens, Mohammad T. Islam, Joseph De Graft-Johnson, Martias Alice Joshua, William Keenan, Soofia Khatoon, Helle Kieler, Michael S. Kramer, Eve M. Lackritz, Tina Lavender, Laurensia Lawintono, Richard Luhanga, David Marsh, Douglas Mcmillan, Patrick J. Mcnamara, Ben Willem J. Mol, Elizabeth Molyneux, Gelasius K. Mukasa, Miriam Mutabazi, Luis Carlos Nacul, Margaret Nakakeeto, Indira Narayanan, Bolajoko Olusanya, David Osrin, Vinod Paul, Christian Poets, Uma M. Reddy, Mathuram Santosham, Rubayet Sayed, Natalia E. Schlabritz-Loutsevitch, Nalini Singhal, Mary Alice Smith, Peter G. Smith, Sajid Soofi, Catherine Y. Spong, Shahin Sultana, Antoinette Tshefu, Frank Van Bel, Lauren Vestewig Gray, Peter Waiswa, Wei Wang, Sarah L.A. Williams, Linda Wright, Anita Zaidi, Yanfeng Zhang, Nanbert Zhong, Isabel Zuniga, Rajiv Bahl

Research outputs 2014 to 2021

Background

In 2013, an estimated 2.8 million newborns died and 2.7 million were stillborn. A much greater number suffer from long term impairment associated with preterm birth, intrauterine growth restriction, congenital anomalies, and perinatal or infectious causes. With the approaching deadline for the achievement of the Millennium Development Goals (MDGs) in 2015, there was a need to set the new research priorities on newborns and stillbirth with a focus not only on survival but also on health, growth and development. We therefore carried out a systematic exercise to set newborn health research priorities for 2013–2025.

Methods

We used adapted Child …


Drug Therapy For Obesity With Anti-Aging Genes Modification, Ian J. Martins Jan 2016

Drug Therapy For Obesity With Anti-Aging Genes Modification, Ian J. Martins

Research outputs 2014 to 2021

Nutritional regulation and drug therapy has been the focus of the current obesity epidemic in various countries in the world. Epigenetics is the major mechanism for the development of insulin resistance and obesity with unhealthy diets, oxidative stress and environmental factors relevant to alterations in gene expression with effects on mitochondrial biogenesis, adipose tissue lipid metabolism and energy expenditure. Anti-aging genes are involved in the regulation of adipogenesis with increased sensitivity to anti-aging gene dysfunction associated with adipocyte-neuron interactions compared to other cells. Unhealthy diets downregulate adipocyte anti-aging genes associated with the development of Non Alcoholic Fatty Liver Disease (NAFLD) …


Troubadours Of The Disaster, Peter Christian Caravalho Jan 2016

Troubadours Of The Disaster, Peter Christian Caravalho

Master's Theses

Following the death of his father, San Francisco-based music critic Manuel “Manny” Soares is sent by his editor to Amsterdam to find the next big thing in music. Manny hopes that the physical distance from his home will help him work through his father’s passing. Manny finds himself on a late-night flight to Schipol Airport. On a layover in Frankfurt, Manny manages to cause a small riot in the airport bar and escapes. Once he makes “groundfall” in Amsterdam as his editor, Ian, puts it, Manny is on the hunt. Globalization mixed with culture shock follow him as he navigates …


Deconstructing Exploitative Systems And Restoring A Balanced Biosphere: An Ecofeminist Posthumanist Reading Of Jane Smiley's A Thousand Acres And Barbara Kingsolver's Prodigal Summer, Aubrey A. Laughlin Jan 2016

Deconstructing Exploitative Systems And Restoring A Balanced Biosphere: An Ecofeminist Posthumanist Reading Of Jane Smiley's A Thousand Acres And Barbara Kingsolver's Prodigal Summer, Aubrey A. Laughlin

Master's Theses

Although many scholarly articles have provided ecofeminist insights and

critiques of A Thousand Acres that connect the abuse of women to the abuse of the land, few have dealt specifically with the link between the treatment of women and the treatment of nonhuman animals. In the first chapter of this paper, I argue that associations between women and nonhuman animals in A Thousand Acres sustain the constructed reality of patriarchal communities. Similarly, Prodigal Summer’s narratives center around females and nonhuman animals, but also provide a broader focus that emphasizes the interconnectivity of the entire biotic pyramid and optimistically holds that …


0836: M. Homer Cummings Papers, 1909-1968, Marshall University Special Collections Jan 2016

0836: M. Homer Cummings Papers, 1909-1968, Marshall University Special Collections

Guides to Manuscript Collections

The 31 boxes in this collection contain the following materials by Cummings: college examination papers; sermons and radio addresses; newspaper columns; letters; poems (single copies, booklets, and a spiral-bound book); and songs (single copies, booklets, song books, printing plates, and recordings). There are also letters written to him; newspaper articles about him and his family; materials from the Literary and Bible Training School and McCrum Slavonic Training School (Rev. and Mrs. Cummings’ alma maters); song books and vinyl records from his collection; and various miscellaneous items.

To view materials from this collection that are digitized and available online, search the …


An Assessment Of The Human Subjects Protection Review Process For Exempt Research, Jonathan D. Loe, Alex Winkelman, Christopher Robertson Jan 2016

An Assessment Of The Human Subjects Protection Review Process For Exempt Research, Jonathan D. Loe, Alex Winkelman, Christopher Robertson

Faculty Scholarship

Medical and public health research includes surveys, interviews, and biospecimens - techniques that do not present substantial risks to subjects. Consequently, this research is exempt from regulation under the Federal Common Rule. Nevertheless, at many institutions, exempt research is frequently subject to the same regulatory process that is required for non-exempt research, requiring the consumption of time and resources for review by Institutional Review Board members or staff. The federal government has indicated an intention to reform and centralize this system, but has not yet specified the form that it will use instead. By examining the policies of the top …


Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp Jan 2016

Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp

Faculty Scholarship

What did English lawyers know about Magna Carta in the fourteenth and fifteenth centuries? How did they talk about it? Did they regard the king as above the law or subordinate to it? What did they make of the guarantees that we now think were most important in Magna Carta, the guarantee of judgment of peers or the law of the land, and of speedy justice? The evidence of the Year Books is that Magna Carta was treated as a minor statute, that the king was or ought to be above the law in many respects, and that trial by …


A More Fundamental Distinction For The Contemporary Economy Between Employee And Independent Contractor Status, Michael C. Harper Jan 2016

A More Fundamental Distinction For The Contemporary Economy Between Employee And Independent Contractor Status, Michael C. Harper

Faculty Scholarship

The common law remains an intellectual battle ground in Anglo-American legal systems, even in the current age of statutes. This is true in significant part because the common law provides legitimacy for arguments actually based on policy, ideology, and interest. It also is true because of the common law's malleability and related susceptibility to significantly varied interpretations.

Mere contention over the meaning of the common law to provide legitimacy for modern statutes is most often not productive of sensible policy, however. It generally produces no more than reified doctrine unsuited for problems the common law was not framed to solve. …


Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver Jan 2016

Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver

All Faculty Publications

In PS v Ontario, the Ontario Court of Appeal held that section 7 of the Charter requires that persons who are civilly committed for six months or more must have access to a meaningful review process that has jurisdiction over the conditions of their detention. In this paper, the authors argue that this decision has broad implications for provincial civil commitment regimes across the country. In particular, the fact that the court analogized to the Criminal Code Review Board jurisprudence opens the door to a fuller recognition of the profound deprivation of liberty that is involved in all civil commitments. …


Can Dna Be Speech?, Jorge R. Roig Jan 2016

Can Dna Be Speech?, Jorge R. Roig

Scholarly Works

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …


“Ev’Ry American Experiment Sets A Precedent”: Why One Florida State Court’S Bitcoin Opinion Is Everyone’S Business, Allison Caffarone, Meg Holzer Jan 2016

“Ev’Ry American Experiment Sets A Precedent”: Why One Florida State Court’S Bitcoin Opinion Is Everyone’S Business, Allison Caffarone, Meg Holzer

Scholarly Works

Part I of this article seeks to explain in largely non-technical terms the design of the Bitcoin network. Part II explains the guidance and administrative rulings provided by the United States Department of the Treasury's Financial Crimes Enforcement Network in relation to the issues in the Espinoza case. Additionally, Part II surveys different approaches taken by state legislatures and regulators in seeking to address decentralized virtual currencies, including bitcoin. Careful attention is paid to how the terms "monetary value" and "virtual currency" are defined, and how those definitions have been interpreted. Part II further explores the differences in the way …


"Life Beyond Life": Reading Milton's Areopagitica Through Enlightenment Vitalism, Erik L. Johnson Jan 2016

"Life Beyond Life": Reading Milton's Areopagitica Through Enlightenment Vitalism, Erik L. Johnson

Faculty Research, Scholarly, and Creative Activity

No abstract provided.


A Story Of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation, And Fiduciary Law, Tamar Frankel Jan 2016

A Story Of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation, And Fiduciary Law, Tamar Frankel

Faculty Scholarship

How should banks be regulated to avoid their failure? Banks must control the risks they take with depositors' money. If depositors lose their trust in their banks, and demand their money, the banks will fail. This article describes three legal bank regulatory systems: Contract with depositors (U.S.); a mix of contract and trust law, but going towards trust (Japan), and a full trust-fiduciary law regulating banks (Israel). The article concludes that bank regulation, which limits the banks' risks and conflicts of interest, helps create trustworthy banks that serve their country best.


Law And Project Finance, Krishnamurthy V. Subramanian, Frederick Tung Jan 2016

Law And Project Finance, Krishnamurthy V. Subramanian, Frederick Tung

Faculty Scholarship

We investigate Project Finance as a private response to inefficiencies created by weak legal protection of outside investors. We offer a new illustration that law matters by demonstrating that for large investment projects, Project Finance provides a contractual and organizational substitute for investor protection laws. Project Finance accomplishes this by making cash flows verifiable through two mechanisms: (i) contractual arrangements made possible by structuring the project within a single, discrete entity legally separate from the sponsor; and (ii) private enforcement of these contracts through a network of project accounts that ensures lender control of project cash flows. Comparing bank loans …


Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain Jan 2016

Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

Faculty Scholarship

Clinical Legal Education (“CLE”) courses were first introduced in South Africa nearly fifty years ago. Since then, their role has changed from addressing legal problems perpetrated by an oppressive system, to strengthening South Africa’s transition to democracy. The end of apartheid has been accompanied by a transition of focus from private law to public law. South Africa currently has seventeen public universities, each of which has a law faculty and a legal clinic. Many clinical programs’ missions are primarily dedicated to community service and providing access to justice.

Although CLE programs have undertaken some human rights and law reform work, …


If Corporations Are People, Why Can’T They Play Tag?, Cody Jacobs Jan 2016

If Corporations Are People, Why Can’T They Play Tag?, Cody Jacobs

Faculty Scholarship

The Supreme Court’s decision in Burnham v. Superior Court — despite producing a splintered vote with no opinion garnering a majority of the Court — made one thing clear: an individual defendant can be subject to personal jurisdiction simply by being served with process while he or she happens to be in a forum regardless of whether the defendant has any contacts with that forum. This method of acquiring personal jurisdiction is called transient or “tag” jurisdiction. Tag jurisdiction is older than minimum contacts jurisdiction, and used to be the primary method for determining whether an out of state defendant …


Instrumental And Transformative Medical Technologies, Nicole Huberfeld Jan 2016

Instrumental And Transformative Medical Technologies, Nicole Huberfeld

Faculty Scholarship

This Article considers how medical technologies impact universality in health care. The universality principle, as embodied in the Patient Protection and Affordable Care Act (A CA), eliminated widespread discriminatory practices and provided financial assistance to those otherwise unable to become insured a democratizing federal act that was intended to stabilize health care policy nationwide. This Article posits that medical technology, as with all of medicine, can be universalizing or exclusionary and that this status roughly correlates to its being "instrumental technology" or "transformative technology." Instrumental technology acts as a tool of medicine and often serves an existing aspect of health …


Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner Jan 2016

Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner

Faculty Scholarship

Non-communicable and chronic diseases have overtaken infectious diseases as the major causes of death and disability around the world. Despite recognition that reduction in the chronic disease burden will require governance systems to address the social determinants of health, most public health recommendations emphasize individual behavior as the primary cause of illness and the target of intervention. This Article argues that focusing on lifestyle can backfire, by increasing health inequities and inviting human rights violations. If States fail to take meaningful steps to alter the social and economic structures that create health risks and encourage unhealthy behavior, health at the …


Reducing Wasteful Incarcerations, Christopher Robertson, Jamie Cox Robertson Jan 2016

Reducing Wasteful Incarcerations, Christopher Robertson, Jamie Cox Robertson

Faculty Scholarship

Prisons are essential to a safe and civil society. Prisons are also costly for the taxpayers whose government houses, feeds, medicates, and supervises millions of people underlock and key.This expense is compounded by errors in the u.S. legal system that produces both false guilty verdicts and overly harsh penalties. It’stime forthe united States to take a closer look at these unnecessary incarcerations. By working to release prisoners who don’t belong in prison, we can lower the costs of the prison system—not to mention restore freedom to people who are wrongly being deprived of it. unfortunately, it is difficult to identify …


Big Legal History And The Hundred Year Test, David J. Seipp Jan 2016

Big Legal History And The Hundred Year Test, David J. Seipp

Faculty Scholarship

The generation of legal historians working in the opening decades of the twenty-first century have an opportunity to use digital technology to bring the sources of legal history to a wider audience of scholars and to facilitate the research of future scholars for many generations to come. I say this because, commencing in 1999, I compiled a searchable database of identifying information about and content of the 22,318 reports in the Year Books, cases decided in England's courts of common law between 1268 and 1535. With the generous support and sponsorship of the Ames Foundation, my database has become an …