Digital Commons Network^™

Affordable Twenty-Four Hour Coastal Access: Can We Save A Working Stiff's Place In Paradise?, Robert Thompson

Ocean and Coastal Law Journal

While not all Americans enjoy going to the beach, millions and millions of people do. Beaches offer the possibility of providing so many satisfying experiences that they are the most popular vacation destination in the United States. While many authors place the start of this passion for coastal visitation at the beginning of the nineteenth century when developments in transportation technologies and rising incomes made vacationing popular, attractive beaches have actually been used for recreation and inspiration by the local population for much longer. Clearly, though, beach visitation and beach cottage ownership mushroomed with the rapid growth of automobile ownership …

Missing The Point With Point-Source "Addition" Semantics: Section 511 Of The Clean Water Act Exempts Interconnected Waterways From Section 402 Jurisdiction, Period?, Paul F. Foley

Ocean and Coastal Law Journal

As environmental law continues to mature in the second-generation since the enactment of several major federal environmental statutes in the 1970s, two important implications from its current stage of development must be derived. First, second-generation judicial interpretation of these statutes no longer occurs in a vacuum: the applicability of the statute's internal provisions to a particular subset of factual circumstances has, in all likelihood, already been litigated. Second, and corollary to the first implication, the first-generation's establishment of precedent for interpreting each of a respective statute's provisions was a necessary prerequisite for what should now be the overriding purpose of …

Fishing Communities As Special Places: The Promise And Problems Of Place In Contemporary Fisheries Management, Seth Macinko

Ocean and Coastal Law Journal

A thematic focus on special strategies for protecting special areas gives rise to several questions of a definitional nature. For example, what do we mean by “protecting”—protection from what and for what purpose (or even, a bit anthropocentrically, for whom)? Or, perhaps more importantly, what do we mean by special areas? It seems to be the norm these days in discussions of marine policy to use “special areas” as a sort of shorthand for (special) areas deserving protection through the application of a (special) tool known as MPAs—marine protected areas. But the whole thing is a bit circular—MPAs are a …

4th Annual South Dakota Demography Conference Program, State Data Center

South Dakota Demography Conference

The 4th annual South Dakota Demography Conference was held at the University Center in Sioux Falls on May 19^th and 20^th, 2016. It was organized by the State Data Center, in conjunction with Black Hills Knowledge Network, and South Dakota State University. The theme of the conference was "Population and Health"

An Overview Of Existing Maritime Boundary Disputes And Recommendations For Their Settlement, Martin A. Rogoff

Ocean and Coastal Law Journal

No abstract provided.

A Gulf United: Canada-U.S. Transboundary Marine Ecosystem-Based Governance In The Gulf Of Maine, Lawrence P. Hildebrand, Aldo Chircop

Ocean and Coastal Law Journal

In 1989, the Northeastern states of Maine, Massachusetts, and New Hampshire in the United States and the neighboring Canadian Provinces of New Brunswick and Nova Scotia embarked upon a new form of regional marine environmental cooperation when their governors and premiers adopted the Agreement on Conservation of the Marine Environment of the Gulf of Maine Between the Governments of the Bordering States and Provinces. By doing so, they gave birth to an informal regime for the Gulf of Maine (GoM) (i.e. the Gulf of Maine Council on the Marine Environment), which to date has withstood the test of time. GoM …

The Romania V. Ukraine Decision And Its Effect On East Asian Maritime Delimitations, Jon M. Van Dyke

Ocean and Coastal Law Journal

The 2009 case Maritime Delimitation in the Black Sea (Romania v. Ukraine) presented the International Court of Justice (ICJ) with an opportunity to define and give meaning to the ambiguous and disputed phrase in Article 121(3): “[r]ocks which cannot sustain human habitation or economic life of their own.” The Court declined to provide a definitive definition for these words in its opinion, but by determining that Ukraine’s tiny Serpents’ Island should have no impact whatsoever on the maritime boundary, the Court reconfirmed that small uninhabited islands will generally have limited or no impacts on delimitations and that such features should …

The Gulf Of Maine Boundary Dispute And Transboundary Management Challenges: Lessons To Be Learned, David L. Vanderzwaag

Ocean and Coastal Law Journal

One might be cynical about the usefulness of trying to draw legal guidance from a judicial determination of a United States-Canada dispute admitted by the judges themselves to be geographically unique. As stated by the majority of the judges in the Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Gulf of Maine Case) decision: Although the practice is still rather sparse, owing to the relative newness of the question, it too is there to demonstrate that each specific case is, in the final analysis, different from all the others, that it is monotypic and that, …

Gulf Of Maine Conference Panel Transcript: The Gulf Of Maine Case Revisited, Ralph L. Lancaster Jr., Esq. (Chair), Ralph Gillis, Esq., David Colson, Esq., Davis Robinson, Esq., Judge Stephen M. Schwebel

Ocean and Coastal Law Journal

No abstract provided.

Introduction: Twenty-Five Years Of The Gulf Of Maine Judgment, Charles H. Norchi

Ocean and Coastal Law Journal

No abstract provided.

Lessons Learned From The Gulf Of Maine Case: The Development Of Maritime Boundary Delimitation Jurisprudence Since Unclos Iii, Stuart Kaye

Ocean and Coastal Law Journal

The Chamber of the International Court of Justice (ICJ) delivered its judgment on the location of the maritime boundary between Canada and the United States in the Gulf of Maine, on October 12, 1984. Less than two years before, after many years consideration, and an almost complete failure of consensus during the Third United Nations Conference on the Law of the Sea (UNCLOS III), the international community adopted the text of Articles 74 and 83 of the United Nations Convention on the Law of the Sea. These two almost identically-worded articles provided the formula for delimiting the maritime boundaries between …

Canada's Authority To Prohibit Lng Vessels From Passing Through Head Harbor Passage To U.S. Ports, Jon M. Van Dyke

Ocean and Coastal Law Journal

Three U.S. companies are seeking authorization to build liquid natural gas (LNG) terminals in eastern Maine on Passamaquoddy Bay, across from New Brunswick, Canada. The three companies are: (1) Downeast LNG, which seeks to develop a terminal at Robbinston, Maine; (2) Quoddy Bay LLC, which seeks to develop an LNG terminal on Indian tribal land at Sipayik, Maine; and (3) North East Energy Development Company LLC, which seeks to develop a terminal on the Saint Croix River (a tributary to Passamaquoddy Bay) at Red Beach in Calais, Maine. To deliver the LNG to any one of these terminals, a 300-meter-long …

An Arctic Treaty: A Solution To The International Dispute Over The Polar Region, Molly Watson

Ocean and Coastal Law Journal

The melting of the polar ice caps in the Arctic region has resulted in an international battle over Arctic territory and its vast natural resources. Five Arctic nations are claiming rights to overlapping territory and there is no evident legal resolution to their competing interests. Four of these five states have ratified the United Nations Convention on the Law of the Sea (UNCLOS) and are operating within its framework in their attempts to solidify their territorial claims. However, for some, their trust in that law seems limited, as evidenced by their more traditional approaches to claiming land. The fifth nation, …

Protecting The Northwest Passage: Assessing The Threat Of Year-Round Shipping To The Marine Ecosystem And The Adequacy Of The Current Environmental Regulatory Regimes, Hannah E. King

Ocean and Coastal Law Journal

The Canadian Arctic Archipelago (the Archipelago) extends for 3000 kilometers along the northern coast of mainland Canada. Made up of seventy-three large islands, each over 125 kilometers long, and more than 18,000 smaller islands, the Archipelago forms a twisting labyrinth of straits and narrow channels connecting the Arctic and Atlantic Oceans (Northwest Passage). Northern Canada’s archipelagic waters are some of the most biologically productive and ecologically sensitive in the Arctic, and provide food and cash income for twenty-seven Inuit communities. Until recently, the Passage’s geographic isolation and harsh climate—major obstacles to development and commercial shipping—have made legal protection of the …

Signapore Strives To Enhance Safety, Security, And Environmental Protection In Its Port And In The Straits Of Malacca And Singapore, Robert Beckman

Ocean and Coastal Law Journal

This Article first examines the efforts of the port-city of Singapore to enhance safety and to prevent ship-source pollution in its port and waters by adopting and effectively implementing the international rules and standards established in the conventions of the International Maritime Organization (IMO). It then reviews the measures taken by Singapore since 2002 to enhance security in its port and its surrounding waters. This is followed by an examination of how Singapore has worked together with Indonesia and Malaysia to enhance safety, security, and environmental protection in the Straits of Malacca and Singapore. Finally, it considers what additional cooperative …

Harnessing The Ocean's Power: Opportunities In Renewable Ocean Energy Resources, Todd J. Griset

Ocean and Coastal Law Journal

The Deepwater Horizon oil spill of 2010 brought a renewed focus on finding the least environmentally harmful and most cost-effective solutions to our society’s energy needs. Seventy-one percent of the Earth’s surface is covered by its oceans. In the last century, much attention has been focused on submarine hydrocarbon deposits, such as the extensive natural gas and oil reserves situated under the outer continental shelf (OCS). “The OCS is a significant source of oil and gas for the Nation’s energy supply,” with leases for 43 million acres of the OCS providing 15 percent of America’s domestic natural gas production and …

Monitor's Interim Consumer Relief Report Regarding Defendant Suntrust Mortgage, Inc., United States Of America, Et Al. V. Suntrust Mortgage, Inc.

National Mortgage Settlements Digital Archive

No abstract provided.

An Investigation Into Hazard Mitigation Tools At Institutes Of Higher Education, Robert A. Jackson

Theses and Dissertations from 2016

Current theories for community planning assert that multiple stakeholders should be involved to improve civic cohesion and implementation. Since an institute of higher education (IHE) operates like a town or city in many ways, it is appropriate that the emergency management planning within an IHE should engage multiple stakeholders. Emergency management planning at an IHE focuses on the students who while adults, are not traditionally valued for their input in emergency management planning. Emergency management leaders at IHEs across the country were surveyed. Following correlation analysis, results indicated that an IHE with student involvement in emergency management planning had an …

Teaching Preparedness To Better Prepare Children In The Event Of Disaster, Brian Kendall

Theses and Dissertations from 2016

The purpose of this research was to determine if teaching preparedness to children will better prepare them in the event of a disaster. Children have been the target audience for several campaigns in the past. By introducing disaster awareness into the schools, it is hoped, like in other campaigns, that children will take the knowledge obtained and share that information to family and friends. This study was significant to the field of emergency management due to the need of providing the general public with the necessary information and resources that could potentially save lives. As a result of this study, …

The Spatial Distribution And Origins Of Sandstone Monoliths In The Swauk Watershed, Kittitas County, Wa, Rebeca Becerra, Daniel O'Dell

Symposium Of University Research and Creative Expression (SOURCE)

Large groups of gigantic sandstone and conglomerate monoliths populate the Swauk Watershed of northern Kittitas County. These monoliths rest on side slopes in the watershed and distinctively project from their surroundings. The origins of these features are unknown. We studied these monoliths in the field by mapping their spatial distribution, describing their morphology and composition, and measuring their orientation and sizes in order to determine their origins. We used Google Earth and topographic maps to locate the monoliths and map their distribution. Interpretations were based from field work data and past research. Our field results show commonalities between the features …

Curating Adjacent Shores: A Contemporary Art Exhibition At Usf's Thacher Gallery, Nell C. Herbert

Master's Projects and Capstones

This capstone is a project management plan for the curation of a real-world contemporary art exhibition at the University of San Francisco’s Mary and Carter Thacher Gallery. Adjacent Shores: Hughen Starkweather was on view from March 7 through April 24 of 2016, and featured an eighteenth century Japanese map and the work of the collaborative team of San Francisco based artists Amanda Hughen and Jennifer Starkweather. The exhibition was part of a larger program of events that occurred concurrently on the USF campus and at the Asian Art Museum, all centered on the theme of cartography. During and immediately following …

Arctic Air Pollution: Challenges And Opportunities For The Next Decade, S. R. Arnold, K. S. Law, C. A. Brock, J. L. Thomas, S. M. Starkweather, K. Von Salzen, A. Stohl, S. Sharma, M. T. Lund, M. G. Flanner, T. Petaja, H. Tanimoto, J. Gamble, Jack E. Dibb, M. Melamed, N. Johnson, M. Fidel, V. P. Tynkkynen, A. Baklanov, S. Eckhardt

All Materials

The Arctic is a sentinel of global change. This region is influenced by multiple physical and socio-economic drivers and feedbacks, impacting both the natural and human environment. Air pollution is one such driver that impacts Arctic climate change, ecosystems and health but significant uncertainties still surround quantification of these effects. Arctic air pollution includes harmful trace gases (e.g. tropospheric ozone) and particles (e.g. black carbon, sulphate) and toxic substances (e.g. polycyclic aromatic hydrocarbons) that can be transported to the Arctic from emission sources located far outside the region, or emitted within the Arctic from activities including shipping, power production, and …

My Neighborhood Is Changing: Positive Youth Development In The Historic Near East Side, Fevean N. Keflom

Capstone Collection

In this paper, I consider the impact of positive youth development in the lives of Black youth, in the Historic Near East Side of Columbus, OH. More specifically, I examine initiatives centered in cultural arts, holistic support, and African centered education in order to identify positive trends impacting urban Black youth. My research is guided by the question: How are Black youth impacted by urban development in a historic African-American neighborhood?

The Near East Side(NES) is a distinguished neighborhood, and in the past laid the foundation for some of the most prominent and successful African American owned businesses in Columbus, …

Guess Who's Coming To Dinner?: Food Inequlaity And Black Americans, Christina Foster

Capstone Collection

Food insecurity is an issue that plagues many people throughout the world. It only requires a brief search on the United Nation’s (U.N.) World Hunger Map to determine that this is indeed a worldwide crisis. Conversely, within the United States, the issue of hunger is often treated as “minimal” in comparison to other countries. A deeper inquiry into hunger within the U.S. reveals an even more disturbing connection: the role of white supremacy and systemic racism in regard to hunger. Academic research pertaining to food access is quite recent. Be that as it may, it is of no surprise that …

Sanitation Celebrations: Mierle Laderman Ukeles’S Performative Monument With/For/By Sanmen, Diya Vij

Theses and Dissertations

This thesis argues that Mierle Laderman Ukeles’s work teaches us something new about what monument-making can be when it is socially engaged. The durational process and motivating desire to elicit gratitude for the DSNY labor force of Ukeles’s residency in the Sanitation Department raises pressing questions about the conventional nature of how monuments are typically conceived and executed and to whom these works are directed. Analysis of her three-part performance Sanitation Celebrations: Grand Finale of New York City’s First Art Parade, just one engagement within her long-term performative monument, explicates the intricacies of Ukeles’s process-based performative practice in terms …

Exploring Data Mining Techniques For Tree Species Classification Using Co-Registered Lidar And Hyperspectral Data, Julia K. Marrs

Theses and Dissertations

NASA Goddard’s LiDAR, Hyperspectral, and Thermal imager provides co-registered remote sensing data on experimental forests. Data mining methods were used to achieve a final tree species classification accuracy of 68% using a combined LiDAR and hyperspectral dataset, and show promise for addressing deforestation and carbon sequestration on a species-specific level.

Quantifying Transit Access In New York City: Formulating An Accessibility Index For Analyzing Spatial And Social Patterns Of Public Transportation, Maxwell S. Siegel

Theses and Dissertations

This paper aims to analyze accessibility within New York City’s transportation system through creating unique accessibility indices. Indices are detailed and implemented using GIS, analyzing the distribution of transit need and access. Regression analyses are performed highlighting relationships between demographics and accessibility and recommendations for transit expansion are presented.

Geospatial Modeling Of Vietnamese Fdi, Cuong Nguyen Tien

Theses and Dissertations

This thesis sets a goal to analyze and project geographically disaggregated measures of FDI using aggregate data. We regress the country level FDI with aggregate, fine geospatial data on GDP, urban extent, and risk. By disaggregating the model, we will predict the FDI flow in every 1000 square kilometer area.

Changing Advocacy Practices In A Changing World: An Evaluation Of Oxfam America’S Influencing Work In A Shifting International Ngo Culture, Emily Sloe Goodman

Capstone Collection

From hunger and forced displacement to climate change and global economic inequality, society today must contend with the compounding impacts of manmade crises threatening and reshaping our planet and livelihoods in real time. As states and transnational actors approach a new era of development, the role of civil society remains critical to push decision makers and governing bodies to be accountable, inclusive, just, progressive and rights focused.

Toward this end, a growing number of civil society organizations are acknowledging that states, citizens and civil society in the Global South must lead their own development path. This is catalyzing a significant …

Are They Matching Up? An Analysis Of Study Abroad Outcomes And The Vocational Needs Of A Southern Appalachian Area, Brynn A. Smith

Capstone Collection

With an increased amount of people seeking higher education, it has become vital to connect education to career in American colleges and universities. To better understand the value of education abroad, international educators must make this connection clear. This research examines student outcomes from Maryville College’s (MC) study abroad programs and compares them with human resource needs, with special attention given to the local job market in the surrounding area. A case study approach was used to gather data from MC study abroad returnees, local HR professionals, and national sources to understand where student outcomes are or are not lining …