Digital Commons Network^™

You'll Never Work In This Town Again: Employment, Economics, And Unpaid Internships In The Entertainment And Media Industries, Mark R. Swiech

Loyola of Los Angeles Law Review

No abstract provided.

Brumfield V. Cain: Developing A Matter Of Disability And Death, Stesha Turney

Loyola of Los Angeles Law Review

No abstract provided.

Cognitive And Behavioral Mechanisms Underlying Alcohol-Induced Risky Driving, Jennifer R. Laude

Theses and Dissertations--Psychology

Alcohol intoxication represents one situation an individual might increase their amount of risk taking when driving. This dissertation is comprised of three studies that investigate the mechanisms by which alcohol increases driver risk-taking. Study 1 examined the effect of alcohol on driver risk-taking using a proxemics approach. The study also tested whether alcohol-induced increases in risky driving co-occurred with pronounced impairment in the driver’s skill. The study also examined whether the most disinhibited drivers were also the riskiest. Indeed, alcohol increased driver risk-taking and impaired driving skill. The study also revealed risky driving can be dissociable from impairing effects on …

Problem Solved! Managing Electronic Resource Workflows Using Ticketing System Software, Kelly Smith

EKU Faculty and Staff Scholarship

Exploration of libraries tackling the problem of electronic resource (eresource) workflow management by implementing ticketing systems in addition to their existing integrated library system (ILS) and electronic resource management (ERM) tools. Most libraries employing ticket tracking to manage eresources have chosen one of a variety of commercial and open source software designed for customer relations management (CRM). Alternatively, some libraries are developing home grown systems or kluging together freely available collaboration software to track issues.

The Disconnected Juror: Smart Devices And Juries In The Digital Age Of Litigation, Patrick C. Brayer

Faculty Works

As we progress toward a post-digital age of individuals becoming one with technology, the legal profession will encounter an increasing number of jurors who have never known life without the Internet, social media or mobile devices. At the same time an increasing number of citizens are becoming dependent on digital technology, state supreme courts, state trial judges, and federal judges from across the nation are banning and confiscating cell phones, tablets, and other devices of connection to prevent jurors from engaging in misconduct. This article illuminates the unintended consequences that arise when courts remove from a sitting juror an individual …

The Relationships Between Psychopathy, Empathy, And Everyday Moral Decision Making In An Undergraduate Sample, Justin D. Kemple

Honors College Theses

Psychopathy is a personality disorder characterized by interpersonal manipulation, callous affect, erratic lifestyle, and criminal tendencies. Past research has shown that individuals high in psychopathy feel less empathy than those lower in psychopathy, and that individuals higher in psychopathy sometimes show impaired morality on moral decision making tasks. This study examined the relationships between psychopathy, empathy, and everyday moral decision making; it was hypothesized that individuals higher in total psychopathy, interpersonal manipulation, and callous affect would score lower on empathic concern and feelings of wrongness and guilt when completing a moral dilemma task. To test this hypothesis, 190 undergraduate participants …

The Animal Welfare Act At Fifty: Problems And Possibilities In Animal Testing Regulation, Courtney G. Lee

McGeorge School of Law Scholarly Articles

No abstract provided.

Refugee Women, Hrd, And Transitions To Employment: A Summary Of Methodological Approaches, Minerva Tuliao

Department of Educational Administration: Dissertations, Theses, and Student Research

Refugee women comprise half of the world’s 19.5 million refugees today. Many refugee women resettle in industrialized countries, yet there is limited research particularly on their human resource development issues, including transitions to employment. This paper summarizes the methodological approaches of research conducted on refugee women and their transitions to employment. Majority of the 22 articles surveyed described refugees from Africa, utilized qualitative approaches, and have been conducted in the United States of America. Implications to HRD research include further inquiry on refugee populations using participatory approaches, and ethical considerations in the conduct of refugee research.

Fourth Amendment Implications Of Police-Worn Body Cameras, Erik Nielsen

St. Mary's Law Journal

Abstract forthcoming.

The Eff-1a Cytoplasmic Domain Influences Hypodermal Cell Fusions In C. Elegans But Is Not Dependent On 14-3-3 Proteins., Jessica H Shinn-Thomas, Jacob J Del Campo, Jianjun Wang, William A Mohler

Department of Biochemistry and Molecular Biology Faculty Papers

BACKGROUND: Regulatory and biophysical mechanisms of cell-cell fusion are largely unknown despite the fundamental requirement for fused cells in eukaryotic development. Only two cellular fusogens that are not of clear recent viral origin have been identified to date, both in nematodes. One of these, EFF-1, is necessary for most cell fusions in Caenorhabditis elegans. Unregulated EFF-1 expression causes lethality due to ectopic fusion between cells not developmentally programmed to fuse, highlighting the necessity of tight fusogen regulation for proper development. Identifying factors that regulate EFF-1 and its paralog AFF-1 could lead to discovery of molecular mechanisms that control cell fusion …

Effect Of Temperature On The Synchrony Of Stem Borer Pests And Their Associated Larval Parasitoids, Kevin K. Sambai

All Master’s Theses

This study was undertaken to establish the effect of temperature on the development and survival of B. fusca, S. calamistis and C. partellus and their larval parasitoids The stem borers and the larval parasitoids were reared at 200C, 250C, 280C and 300C and their development time, survival, fecundity and longevity were recorded. These parameters were subjected to analysis of variance (ANOVA) in General Linear Model (GLM). Results showed that development of stem borer larvae varied among different temperature regimes (F3,367=105.3; P< 0.0001), B. fusca (F3,451=66.43; P< 0.0001), S. calamistis(F3,540=887.8; P< 0.0001).C. partellus. Development time of B. fusca larvae decreased with increase in temperature with the longest and shortest time recorded at 200C (78.30 days) and 300C (36.8 days) respectively. In S. calamistis larvae, the development time reduced with increase in temperature with mean larval duration ranging between 34.6 days (300C) to 48.1 days (200C). In C. partellus there was a decrease in larval development time (days) as the temperature increased. The longest development time, 57.4 days, was observed at 200C while the shortest, 22.2 days, was recorded at 300C. There was a significant influence of temperature on the development of C. sesamiae Kitale (F3,139=125.6; P< 0.001), C. Sesamiae Mombasa (F3,148=246.1; P< 0.001) and C. flavipes (F3,187=719.7; P< 0.001). Among C. sesamiae Kitale, mean total development time ranged between 17.8 days (280C) to 29.7 days (200C), while among C. sesamiae Mombasa, the highest and lowest mean total development time varied between 29.4 days (200C) and 17.0 days (280C) respectively. In C. flavipes, mean total development time varied between 15.0 days (300C) and 31.4 days (200C). Temperature affected the host-parasitoid synchrony between stem borers and their associated larval parasitoids as reflected in the variations in respective life table parameters. Biological control of B. fusca, S. calamistis and C. partellus is likely to be affected by changes in temperature. Due to the increased development rate and survival of the stem borers coupled with reduced survival rates of the parasitoids associated with increase in temperature, biological control is likely to be less effective in areas with higher temperatures ranging between 250C to 280C.

Potential Application Of Variable Surface Glycoproteins In Diagnosis Of Trypanosoma Brucei Rhodesiense, Simon Ngao Mule

All Master’s Theses

Sleeping sickness, also known as human African trypanosomiasis (HAT), is a neglected tropical disease caused by two subspecies of Trypanosoma brucei namely T. b. gambiense and T. b. rhodesiense. Trypanosoma b. gambiense causes chronic form of HAT (Gambian HAT) in West and Central Africa while T. b. rhodesiense is responsible for the acute form (Rhodesian HAT) in East and Southern Africa. In both cases, the disease evolves through clinically distinct stages namely early/stage 1 and late/stage 2. The early stage is haemolymphatic, in which parasites develop in the blood, lymph and peripheral organs. The parasites then spread to the central …

Blood Feeding Pattern Of Malaria Vector Reveals Malaria Transmission Dynamics In Three Islands Of Lake Victoria In Kenya, Edwin Ochieng Ogola

All Master’s Theses

The Lake Victoria region of western Kenya is malaria endemic with a suitable environment throughout the year for the transmission of Plasmodium parasites by its primary mosquito vector, Anopheles gambiae sensu lato (s.l.), as well as other secondary vectors. Malaria control largely depends on vector control using long-lasting insecticidal nets (LLINs) that protect humans from infectious bites while sleeping. However, the success of this strategy is greatly threatened by resistance to insecticides and changes in mosquito feeding pattern that alter disease transmission dynamics. Therefore, adequate knowledge of mosquito feeding patterns and population structure can inform the efficacy of and allow …

Characterization Of Xenorhabdus Spp. Xptb1 And Xptc1 Toxin Genes And Effect Of The Bacteria On Chilo Partellus And Busseola Fusca., Lorine N. Nyongesa

All Master’s Theses

Xenorhabdus spp. (Enterobacteriaceae) are endosymbionts of entomopathogenic nematodes from the Steinernema genus. They cause insect mortality by producing potent insecticidal toxin complexes composed of XptA1, XptA2 (class A), XptB1 (class C) and XptC1 (Class B) proteins. However, the use of only the bacterium as a biopesticide is limited as they depend on their nematode hosts for survival in the environment. The XptAs exhibit different spectra of activity, requiring XptB1 and XptC1 for full activity. Studies of their tccC homologues from the related Photorhabdus sp. revealed that class C proteins have enzymatic activity. The objective of this study was to characterize …

Genome Sequence Of Tsetse Polydnavirus: Insights Into Symbiotic Virus Evolution, Kelvin M. Kimenyi

All Master’s Theses

Tsetse flies are the sole vectors of African trypanosomiasis in humans (sleeping sickness) and animals (nagana). The whole genome sequence of the tsetse fly Glossina morsitans morsitans revealed the presence of putative bracoviral sequences (n = 310) widely spread in the genome. These sequences are similar to those identified in parasitic braconid wasps. Bracoviruses (family Polydnaviridae) encode proteins that lower host immunity allowing for the development of parasitoid larvae in the host. The study aimed to determine the presence, prevalence and genetic diversity of Polydnaviruses (PDVs) across five tsetse fly species genomes (Glossina austeni, Glossina brevipalpis, Glossina fuscipes fuscipes, Glossina …

Root Knot Nematodes (Meloidogyne Incognita) Interaction With Selected Asteraceae Plants And Their Potential Use For Nematode Management, Sydney Mwamba

All Master’s Theses

The southern root knot nematode (Meloidogyne incognita) is one of the highly polyphagous species of many cultivated plants. The losses associated with RKNs in small holder vegetable farms are not quantified but may range between 30-100% in tropical and subtropics. Application of broad spectrum nematicides is the common method of control and are to be highly toxic to humans and pollute the environment, hence the need for safer alternatives for small scale crop production systems. Biological control especially the use repellent plants is an environmentally safe option. Plants from the Asteraceae family have phytotoxic for nematode management. Investigations were conducted …

Seasonal Abundance Of Amaranth Lepidopteran Defoliators And The Role Of Indigenous Parasitoids And Phenylacetaldehyde In Their Control In Nairobi County, Kenya, Stephen Tarmogin Othim Omburo

All Master’s Theses

Amaranth is one of the African indigenous vegetables that is gaining popularity due to its nutritional, medicinal and economic values. Its potential as a source of food security in East Africa and most parts of the world has heightened demands for the once neglected crop. In Kenya and Tanzania, the Lepidopteran defoliators are important pests of the crop which can cause up to 100% yield loss. Little information on the population dynamics of these pests make their management difficult. Indiscriminate use of synthetic chemicals have raised environmental and health concerns creating a need for other environmentally safe and sustainable control …

"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng, Katherine Cheng, Katherine Cheng

Articles

This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to overcome the two principal limitations on existing empirical studies that purport to find such an influence: the use of nonexperimental methods to assess the decisions of actual judges; and the failure to use actual judges in ideologically-biased-reasoning experiments. The study involved a sample of sitting judges (n = 253), who, like members of a general public sample (n = 800), were culturally polarized on climate change, marijuana legalization and other contested issues. When the study subjects were assigned to analyze …

Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer

Articles

Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain, adverse …

What Should Tribes Expect From Federal Regulations? The Bureau Of Land Management's Fracking Rule And The Problems With Treating Indian And Federal Lands Identically, Monte Mills

Articles

On March 26, 2015, the Bureau of Land management (BLM) published its Final Rule regarding Hydraulic Fracturing on Federal and Indian Lands (Final Rule). Work on the Rule had begun nearly four and a half years earlier as a way to update the agency’s outdated regulatory scheme to account for new fracking technology and growing public concern over the practice and potential safety concerns related to fracking.

The Final Rule amassed a number of procedural and substantive requirements for fracking operations and proposed to apply these standards uniformly to both public lands and lands held in trust by the Federal …

Branding Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

Branding is important not only to businesses,but also to the economy. The intellectual property laws and tax laws should thus further the legitimate goals of encouraging and protecting brand investments while maintaining a sound tax base. Intellectual property protections for branding depend on advertisement and enforcement, both of which demand significant amounts of private investment by firms. Although one would expect similar tax treatments of both categories of investment, the categories are actually treated as vastly different for federal income tax purposes. Additionally, tax distinctions also exist within each category. The result is that some branding investments are expensed and …

Fundamental Rights In A Post-Obergefell World, Peter Nicolas

Articles

In this Article, I identify and critically examine three substantive criticisms raised by the dissents in the Supreme Court's 2015 decision in Obergefell v. Hodges, which struck down state laws and constitutional provisions barring same-sex couples from marrying within the state or having their out-of-state marriages recognized by the state. First, that the majority improperly framed the right at issue broadly as the right to marriage instead of narrowly as the right to same-sex marriage, conflicting with the Court's holding in Washington v. Glucksberg that in fundamental rights cases the right at issue must be framed narrowly, and in …

Uncertain Futures In Evolving Financial Markets, Anita K. Krug

Articles

Today's publicly offered investment funds, including mutual funds, have ever more diverse investment strategies, as they increasingly invest in financial instruments that, in earlier years, had been the province of only the most sophisticated investors. Although the new landscape of investment possibilities may substantially benefit retail investors, one financial instrument attracting increasing amounts of retail investors' assets is acutely troublesome: the commodity futures contract. Futures originated as a means for farmers and other producers of agricultural commodities to ensure that their products could be sold at reasonable prices. Early on, the goals of futures regulation centered on one particular risk …

Robots As Legal Metaphors, Ryan Calo

Articles

This Article looks at the specific role robots play in the judicial imagination. The law and technology literature is replete with examples of how the metaphors and analogies that courts select for emerging technology can be outcome determinative. Privacy law scholar Professor Daniel Solove argues convincingly, for instance, that George Orwell's Big Brother metaphor has come to dominate, and in ways limit, privacy law and policy in the United States. Even at a more specific, practical level, whether a judge sees email as more like a letter or a postcard will dictate the level of Fourth Amendment protection she is …

Visual Rulemaking, Elizabeth G. Porter, Kathryn A. Watts

Articles

Federal rulemaking has traditionally been understood as a text-bound, technocratic process. However, as this Article is the first to uncover, rulemaking stakeholders—including agencies, the President, and members of the public—are now deploying politically tinged visuals to push their agendas at every stage of high-stakes, often virulently controversial, rulemakings. Rarely do these visual contributions appear in the official rulemaking record, which remains defined by dense text, lengthy cost-benefit analyses, and expert reports. Perhaps as a result, scholars have overlooked the phenomenon we identify here: the emergence of a visual rulemaking universe that is splashing images, GIFs, and videos across social media …

Controlling Presidential Control, Kathryn A. Watts

Articles

Presidents Reagan and Clinton laid the foundation for strong presidential control over the administrative state, institutionalizing White House review of agency regulations. Presidential control, however, did not stop there. To the contrary, it has evolved and deepened during the presidencies of George W. Bush and Barack Obama. Indeed, President Obama’s efforts to control agency action have dominated the headlines in recent months, touching on everything from immigration to drones to net neutrality.

Despite the entrenchment of presidential control over the modern regulatory state, administrative law has yet to adapt. To date, the most pervasive response both inside and outside the …

The Business Of Treaties, Melissa J. Durkee

Articles

Business entities play important and underappreciated roles in the production of international treaties. At the same time, international treaty law is hobbled by state-centric presumptions that render its response to business ad hoc and unprincipled.

This Article makes three principal contributions. First, it draws from case studies to demonstrate the significance of business participation in treaty production. The descriptive account invites a shift from attention to traditional lobbying at the domestic level and private standard-setting at the transnational level to the ways business entities have become autonomous international actors, using a panoply of means to transform their preferred policies into …

Federal Treaty And Trust Obligations, And Ocean Acidification, Robert T. Anderson

Articles

Ocean acidification will have profound effects on the entire human population and natural resources that depend in any way upon Earth’s oceans and lakes. In turn, those effects will be even greater, and potentially catastrophic, for indigenous populations who rely on the seas for physical, cultural, and spiritual sustenance. While most research on carbon dioxide absorption from the atmosphere has focused on oceans and the resulting acidification, many believe that acidification levels also will also increase in the Great Lakes. Indian tribes in the Pacific Northwest and the Great Lakes regions share reliance on marine and freshwater resources, and many …

Beyond Severability, Lisa Marshall Manheim

Articles

Severability is a wrecking ball. Even the most cautious use of this doctrine demolishes statutes in contravention of legislative intent and without adequate justification. It does so through the imposition of an artificially restrictive framework: one that requires that courts respond to a statute’s constitutional flaw by disregarding that statute either in whole or in part. In the last few years alone, this framework has flattened the Voting Rights Act, threatened the Bankruptcy Code, and nearly toppled the Affordable Care Act.

Yet courts apply severability reflexively, never demanding justification for its destructive treatment. Scholars, meanwhile, assiduously debate the particulars of …

The Risks Of Clouded Property Title For Cannabis Business Owners, Investors, And Creditors, Sean M. O'Connor, Jason Liu

Articles

This Article provides a brief primer on the surprising range of assets that the Controlled Substances Act forfeiture provisions govern for the state-legal cannabis businesses. It outlines these provisions for tangible as well as intangible property, with an emphasis on risks to state-legal cannabis businesses’ intellectual property and issued securities.

We argue that these forfeiture risks create clouded title for all subject tangible and intangible property—not only for the state-legal businesses and their proprietors, but also for those businesses’ outside investors, creditors, and suppliers/contractors.