Digital Commons Network^™

Owning And Dissolving Strata Property, Douglas C. Harris

All Faculty Publications

Strata or condominium property creates multiple privately owned lots or units within an association of owners. Dissolving strata property involves winding-up the association and terminating the private interests. As a result, the non-consensual dissolution of strata property involves the taking of property from those owners who oppose dissolution. The owners of individual lots become co-owners of the land formerly within the association, but the non-consenting owners have their property interests in separate lots taken from them. Beginning with the observation that non-consensual dissolution of strata property results in a taking of property, this article analyzes British Columbia’s move to facilitate …

R. V. Safarzadeh-Markhali: Elements And Implications Of The Supreme Court's New Rigorous Approach To Construction Of Statutory Purpose, Marcus Moore

All Faculty Publications

The Supreme Court of Canada’s decision in Safarzadeh-Markhali holds great significance, beyond Criminal Law, in the area of Statutory Interpretation: in Markhali, the Court decisively endorses a new rigorous approach to construing legislative purpose. Previously, while legislation itself was long-interpreted utilizing rigorous approaches, legislative purpose was typically construed ad hoc while providing only summary justification. Markhali’s new framework is distinct from prior approaches in at least four ways: (1) It expressly acknowledges the critical importance of purpose construction in many cases; (2) It is conscious of how a less-than-rigorous approach risks being self-defeating of larger legal analyses in which the …

Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris

All Faculty Publications

Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada, Indigenous …

Capturing Excess In The On-Demand Economy, Erez Aloni

All Faculty Publications

Activities facilitated by on-demand platforms (such as Airbnb or Uber) produce varying levels of negative and positive externalities. In this Article I submit that the type and quantity of externalities produced are determined by the location of the activity along a spectrum of increased utilization. Transactions that make use of excess capacity produce the fewest negative externalities and produce more positive externalities. The more we move along the spectrum away from use of excess capacity and toward new capacity created for the platform use, the more negative externalities the activity produces. Thus, unique sets of rules should govern the categories …

January 2017 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Toxocara Seroprevalence And Associated Risk Factors In The United States, Bruce L. Brown, Andrew N. Berrett, Lance D. Erickson, Shawn D. Gale, Allison Stone, Dawson W. Hedges

Faculty Publications

Caused by the parasitic nematodes Toxocara canis and cati, toxocariasis in humans can result in covert toxocariasis, ocular toxocariasis, visceral larval migrans, and neurotoxocariasis. A common infection, toxocariasis exposure varies widely within and between countries, with a previous estimate of Toxocara seroprevalence using data from 1988 to 1994 in the United States of approximately 13%. Age, poverty, sex, educational attainment, ethnicity, and region have been associated with Toxocara seroprevalence. In this study, we sought to determine the seroprevalence of and factors associated with Toxocara seropositivity in the United States using data from the National Health and Nutrition Examination Survey from …

Wringing Wonder From The Arid Landscape Of Law, Robert L. Fischman

Articles by Maurer Faculty

Charles Wilkinson’s estimable contribution to public land law scholarship is widely cited but only partly understood. From the mid-1970s to the mid-1980s he upended the field by elevating the diffuse public interest, displacing creation and adjudication of private property interests as the field’s focus. However, his subsequent scholarship grappled with an even more important challenge that has been far less noted. Beginning in the late 1980s, Wilkinson explored how legal institutions should determine the pluralistic, public interest. In trailblazing articles and books, he rose to the challenge with site-specific details, compelling narratives, and aspirational themes. This work undermined the dominance …

Inform And Consent: More Than Just "Sign Here", Jody L. Madeira, Kathryn Coyne, Ami S. Jaeger Md, J. Preston Parry Md, Steven R. Lindheim Md

Articles by Maurer Faculty

No abstract provided.

Determining The Territorial Scope Of State Law In Interstate And International Conflicts: Comments On The Draft Restatement (Third) And On The Role Of Party Autonomy, Hannah L. Buxbaum

Articles by Maurer Faculty

Analyzing a conflict of laws requires thinking both about the scope of potentially applicable law and about priority, or choice, among potentially applicable laws. The Restatement (Second) of Conflict of Laws, published in 1971, contains little guidance on how, or in what order, courts are to address these two inquiries. The draft Restatement (Third), in contrast, differentiates clearly the respective roles of the two analytical elements. It characterizes the resolution of a choice-of-law question as a two-step process. First, the scope of the relevant states’ internal laws must be determined, in order to ascertain which states’ laws might be used …

The Interaction Of The Pregnancy Discrimination Act And The Americans With Disabilities Act After Young V. Ups, Deborah A. Widiss

Articles by Maurer Faculty

Pregnant women sometimes ask employers for accommodations – such as being able to sit on a stool or avoid heavy lifting – to permit them to work safely and productively. In 2015, in Young v. United Parcel Service, the Supreme Court held that the Pregnancy Discrimination Act (PDA) requires courts to scrutinize carefully denial of such requests. The facts in Young arose prior to the effective date of the ADA Amendments Act of 2008 (ADAAA); accordingly, the Court did not address how the ADAAA, which expanded the range of health conditions that qualify as disabilities, affects claims for accommodations under …

The Latter-Day Saint Reimaging Of “The Breath Of Life” (Genesis 2:7), Dana M. Pike

Faculty Publications

The creation and flood accounts in Genesis in the Hebrew Bible (the Christian Old Testament) contain variations on a phrase commonly translated “the breath of life.” This phrase additionally occurs in some uniquely Latter-day Saint materials relating to creation. After overviewing and analyzing this phrase and its meaning in the Bible, this paper then examines the occurrences of the phrase “the breath of life” in important early Latter-day Saint texts.1 The purpose of this study is to illustrate and explain how and why many Latter-day Saints have come to often employ the phrase “the breath of life,” transforming its traditional …

Originalism And Level Of Generality, Peter J. Smith

Georgia Law Review

Even if one concedes that the meaning of the
Constitution today is its original meaning, at what level of
generality should one seek that meaning? In considering
whether bans on same-sex marriageviolate the Fourteenth
Amendment, for example, should we seek to determine how
the framers of the Amendment would have answered that
question, or should we instead seek to discern the broad
principle-perhaps "equality" or "no caste-like
discrimination"-that the Amendment objectively
incorporated, even if application of that principle today
might produce results that the framers would not have
anticipated? The level of generality at which we ask the
question almost …

The Effects Of Gamification On Corporate Compliance Training: A Field Experiment Of True Office Anti-Corruption Training Programs, Ryan J. Baxter, D. Kip Holderness, David A. Wood

Faculty Publications

Companies rely on internal controls to comply with the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. One such control is anti-corruption employee training. Although corporate training is a key component of anti-fraud policies and procedures, it is often perceived as dull by employees. To motivate greater engagement, firms are experimenting with training that involves elements of digital games, known as gamification. We perform a field experiment with 158 employees of a large, multinational bank to examine the effectiveness of gamified anticorruption training. We find that employees strongly prefer gamified training to traditional, nongamified training and that gamified …

Flexible Regulation Scholarship Blossoms And Diversifies: 1980-2012, Cristie Ford

All Faculty Publications

This piece reviews the 198 US law review articles that were most influential within flexible regulation scholarship (which includes meta regulation, responsive regulation, reflexive law, principles based regulation, new governance, and more) between 1980 and 2012, which also discussed innovation. It is chapter 4 of a forthcoming book on financial innovation and regulation. The analysis demonstrates that across this time period, flexible regulation scholars advocated for regulatory structures that were permeable to three main non-legal forces: market forces, deliberation and community norms, and industry standards. The image that emerges is of a diverse scholarly community, within which many adopted economics-derived …

Structural Covariance Of Sensory Networks, The Cerebellum, And Amygdala In Autism Spectrum Disorder, Garrett Cardon, Susan Hepburn, Donald C. Rojas

Faculty Publications

Sensory dysfunction is a core symptom of autism spectrum disorder (ASD), and abnormalities with sensory responsivity and processing can be extremely debilitating to ASD patients and their families. However, relatively little is known about the underlying neuroanatomical and neurophysiological factors that lead to sensory abnormalities in ASD. Investigation into these aspects of ASD could lead to significant advancements in our general knowledge about ASD, as well as provide targets for treatment and inform diagnostic procedures. Thus, the current study aimed to measure the covariation of volumes of brain structures (i.e., structural magnetic resonance imaging) that may be involved in abnormal …

Making Ritual Strange: The Temple Cult As The Foundation For Tannaitic Discourse On Idolatry, Avram R. Shannon

Faculty Publications

This article examines the Tannaitic conception of the worship of avodah zarah. The term is commonly translated as “idolatry,”but the definition of what constitutes worship of avodah zarah, in m. Sanh. 7:6, is based on a more nuanced notion than simply worship of foreign gods. For the Sages of the Mishnah, worship of avodah zarah involved misuse of objects and rituals associated with the Temple cult, which constituted a betrayal of covenantal loyalty. This means that although the rabbinic laws against the worship of avodah zarah were based on the biblical prohibitions against worshiping other gods, the actual …

Suffolk University Graduate Academic Catalog, College Of Arts And Sciences And Sawyer Business School, 2017-2018, 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.

Suffolk University Undergraduate Academic Catalog, College Of Arts And Sciences, 2017-2018, 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.

Using A Multi-Omic Approach To Investigate A Diet Intervention In Young Adults At Risk Of Disease, Oluremi Ariel Famodu

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: Poor dietary behaviors are widely recognized in the role of development and course of a variety of illnesses, including but not limited to cardiovascular disease, obesity, and diabetes. Young adults have increased risk due to poor dietary behaviors, especially as they transition into a college setting. The evidence demonstrates an urgency for developing treatment and prevention through dietary intervention approaches in this population. In addition to improper diet, investigators have connected abnormal gut microbiome (i.e. the collection of genes from our intestinal microbiota) to inflammation and obesity, therefore momentum has gained in treating the altered gut microbiome with dietary …

Characterization Of Insulin Sensitivity And The Plasma Lipidome In Periparturient Dairy Cows, Sina Saed Samii

Graduate Theses, Dissertations, and Problem Reports (ETD)

During the transition from gestation to lactation, dairy cows experience negative energy balance due to an increased demand for energy to support milk production coupled with inadequate energy intake. Energy deficit during the peripartum is associated with the development of insulin resistance which contributes to adipose tissue lipolysis. In turn, elevated free fatty acids (FFA) in circulation increase triacylglycerol (TAG) deposition in liver. This metabolic impairment is known to cause postpartum metabolic diseases including fatty liver and ketosis. Consequently, postpartum metabolic disease can lead to reduced milk production in early lactation, impaired reproductive performance, and increased culling rates. Moreover, cows …

The American Hunting Story And The Formation Of Environmental Literature., Jericho Williams

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation addresses the almost complete absence of American hunting stories in the subfield of environmental literature within American literature. Since environmental literature’s inception in the early 1990s with The Norton Book of Nature Writing (1990) and American Earth: Environmental Writing Since Thoreau (2008), environmental literary scholars have failed to take into account the roles of hunters in advancing conservationist measures to protect and preserve wildlife and lands throughout America from the early nineteenth century through the present day. This project seeks to build a bridge between environmental literary scholars and environmentalists far removed from hunting traditions and those whose …

"Our Own Flesh And Blood?": Delaware Indians And Moravians In The Eighteenth-Century Ohio Country., Jennifer L. Miller

Graduate Theses, Dissertations, and Problem Reports (ETD)

Between 1740 and 1790, Moravians and Delaware Indians fostered a spiritual and political alliance even as they endured a series of internal divisions and external threats. Although the relationship withstood the Seven Years’ War, the American Revolution splintered both groups and estranged them from their neighbors. When the Revolution ushered in a radical new democracy that undermined the authority of eastern leaders, the Moravians proved powerless to control white settlers who enforced their own vision of justice against Native peoples. The Moravian-Delaware partnership unraveled as the dramatic upheaval of the American Revolution fundamentally reshaped the political landscape and rendered the …

Effect Of Micro-Osteoperforations On Orthodontic Tooth Movement With Clear Aligner Treatment., Dobin Choi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background and Objectives: Micro-osteoperforation (MOP) is a relatively noninvasive procedure to expedite the rate of orthodontic tooth movement (OTM) by enahncing naturally occurring inflammatory response. This procedure is often combined with clear aligner treatment (CAT) in order to shorten the duration of aligner wear. However, the question yet remained whether the accuracy of OTM was maintained if the patients switched the aligners more frequently than recommended. The objectives of the study were to investigate the effect of MOPs on the accuracy of anterior OTM and to evaluate the differential effect of MOPs on gender, age, severity of the mal-alignment, and …

Flute Vibrato During The 78-Rpm Era: An Exploration Of Representative Recordings Of Claude Debussy's Syrinx, 1928-1953., Angela Reynolds

Graduate Theses, Dissertations, and Problem Reports (ETD)

Using selected 78-rpm era recordings of Claude Debussy’s Syrinx, this research will explore the development of flute vibrato in early twentieth century recordings (ca. 1928-1953). The recordings that will be used in this case study include those of prominent flutists Marcel Moyse (recordings from 1928 and 1950), Martin Ruderman (1947 – 1948), Jean Pierre-Rampal (1949), and William Kincaid (1950 and 1953). The range of recordings include those of studio quality as well as live performances on Library of Congress Music Division Concerts, each selected from Susan Nelson’s The Flute on Record: The 78 Rpm Era: A Discography and further narrowed …

The Utility Of Fine-Scale Remote Sensing Data For Modeling Habitat Characteristics And Breeding Bird Species Distributions In An Appalachian Mature Deciduous Forest., James Sheehan

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this study, I tested the potential for remote sensing data with a high spatial resolution to model breeding forest bird species and their habitat at a fine spatial scale. The research took place on ridgetops in a large, relatively contiguous Appalachian mature deciduous forest in northwestern WV, USA. The remote sensing data sources were a leaf-on QuickBird satellite image (0.6-m panchromatic and 2.4-m multispectral) and a 3-m digital elevation model (DEM). For the first part of the study, I extracted spectral and textural measures from the satellite image and terrain information from the DEM. I then used these data …

Phosphorus Determination In Forage And Manure Using Portable X-Ray Fluorescence Spectroscopy To Support Comprehensive Nutrient Management Planning, Yadav Sapkota

Graduate Theses, Dissertations, and Problem Reports (ETD)

Phosphorus (P) runoff from agricultural fields is a major cause of water quality degradation problems. A P mass balance across the farm could maintain profitability and sustainability of animal-based farms and minimize water quality problems. Comprehensive Nutrient Management Plans (CNMPs) require mineral composition, especially P, data on soil, forage, and manure samples for accurate planning. However, traditional wet chemical methods of P determination are costly, time-consuming, and generate hazardous waste. X-ray fluorescence (XRF) could overcome many of these disadvantages and allow rapid determination of P concentrations. Portable XRF (PXRF) units are Energy Dispersive (ED) systems with low power X-ray tubes …

Radial Growth Patterns In Trees Surviving Canopy Gap Disturbances, Ruth A. Stetler

Graduate Theses, Dissertations, and Problem Reports (ETD)

Forest disturbance regimes in eastern North America have long been conceptualized as localized gap disturbances, but recent studies suggest that more widespread, infrequent disturbance events may also be important. However, uncertainties in tree-ring methods used to detect disturbance, and in the factors that drive growth release of trees, limit the conclusions that can be drawn from regional disturbance analyses. I designed a study to further elucidate forest disturbance dynamics in eastern North America by using two approaches: 1) a case study examining the sensitivity of the radial growth averaging method of detecting disturbance and the factors influencing detection of a …

If A Rail Keks And No One Is Around, Does It Make A Sound?: Investigating The Use Of Autonomous Recording Units To Monitor King And Clapper Rails, Lydia Lenora Stiffler

Graduate Theses, Dissertations, and Problem Reports (ETD)

Secretive marsh birds are challenging to monitor due to the difficulty in locating and trapping them within the dense emergent vegetation they occupy. Recently autonomous recording units (ARUs) have emerged as a novel alternative method to survey birds, although the technology has only been applied to a few species in specific field settings. There is limited information on how ARUs compare to human surveyors or how best to use ARU data that can be collected continuously. This thesis examines the applicability of ARUs for monitoring King (Rallus elegans) and Clapper ( R. crepitans) rails (collectively "rails") in two tidal marsh …

Biopolitical Cyborgs In Post-1980 North American Critical Dystopias, Valerie Ann Surrett

Graduate Theses, Dissertations, and Problem Reports (ETD)

Stories of babies born from transplanted uteruses, fetuses created from three biological parents, a booming global surrogacy market, and embryonic gene selection have all made national headlines in the past two years. We live in an era of science fictional childbirths. Reproductive technologies that didn't exist a decade ago are now peddled to whomever can afford them, and science fiction has responded. Post-1980 speculative fiction confronts a potent convergence of various sociopolitical and reproductive trends, including the rise of neoliberal conservatism; the "test tube baby" boom; polarized reproductive rights debates; and Diamond v. Chakrabarty (1980), the Supreme Court decision granting …

Disruptions In Operant Behavior Of Pigeons In Transitions Across Rich And Lean Schedules Of Reinforcement With And Without Advance Notice Of The Lean Schedule, Forrest J. Toegel

Graduate Theses, Dissertations, and Problem Reports (ETD)

"Advance notice" refers to procedures in which a stimulus is provided to signal the end of an ongoing activity and the nature of the upcoming activity. Applied research has considered whether advance notice will reduce the problem behavior that sometimes occurs during transitions. Interpretation of this research is complicated by procedural variations in the type of transitions arranged, the consequences of transition-related problem behavior, the method of providing advance notice, and the measurement of the effects of advance notice. The present experiment investigated effects of advance notice using an animal model of transition-related problem behavior. Key-pecking was maintained on a …