Digital Commons Network^™

Employers' Duties Of Honesty And Accuracy, Helen Norton

Publications

This short essay is a contribution to the Labor Law Group's chapter-by-chapter critique and analysis of the American Law Institute's effort to restate the common law of employment through its 2015 Restatement of Employment Law. This essay focuses specifically on sections 6.05 and 6.06 of the Restatement, which address employers’ duties of honesty and accuracy in their communications to workers themselves as articulated by the torts of fraudulent and negligent misrepresentation.

Employers speak to workers about a wide range of job-related topics that include the terms and conditions of employment, business projections, and applicable workplace legal protections. Employers’ …

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Publications

Missouri tenants have few defenses to uninhabitable housing conditions. In a statistical study conducted by the Washington University Civil Rights & Community Justice Clinic and the Metropolitan Saint Louis Equal Housing & Opportunity Council, which encompassed 6,369 landlord-tenant cases from the 2012 calendar year, only two cases (0.03%) resulted in a judgment in favor of the tenant, while 4,934 cases (77.5%) resulted in judgments in favor of the landlord, with the remaining cases being dismissed without a judgment. These findings suggest that unpresented low-income tenants seeking to raise defenses in rent and possession and eviction cases in the Missouri state …

The E-Resources Playbook: A Guide For Establishing Routine Assessment Of E-Resources, Lanette Garza

Library Faculty Research

Assessment of ongoing or potential electronic purchases has always been a challenging and time-consuming process for librarians. In most cases, the organization, maintenance, sharing, and use of electronic resources data can be overwhelming. Diligent planning, monitoring, and assessment of e-resources is more important than ever. This article lays out the step-by-step process of creating an e-resources assessment playbook. This playbook will essentially be a book of strategies that will help orchestrate and illustrate steps and techniques for carrying out particular e-resources reports.

The Research Needs And Practices Of Asian Studies Scholars At Trinity University: A Report For Ithaka S+R, Michael J. Hughes

Library Faculty Research

This report describes the research needs and practices of nine Asian Studies scholars at Trinity University, a private liberal arts college in San Antonio, Texas. Part of a nationwide study coordinated by Ithaka S+R, the report describes scholars’ ¹ methods, information needs, and publication practices in order to better align and deliver research support from academic departments, librarians, university administrators, and other stakeholders. The report culminates in predictions on the future of the field, and offers several recommendations to help scholars achieve the future they envision for Asian Studies.

Critical Information Literacy In Practice: A Bibliographic Review Essay Of Critical Information Literacy, Critical Library Pedagogy Handbook, And Critical Literacy For Information Professionals, Lua Gregory, Shana Higgins

Communications in Information Literacy

No abstract provided.

Examining Teacher Experiences: A Qualitative Study On Inclusion In The Elementary Classroom, Jennifer L. Sinclair

Student Work

This qualitative study utilized a semi-structured interview approach to better understand the experiences of general education teachers (n = 8) with the inclusion of special education students in the general education classroom. By gaining information about the experiences that general education teachers have with supports and services for, as well as communication about, inclusion, the study results provide additional information about experiences in order to inform the supports teachers receive to better educate students with and without disabilities. Each semi-structured interview was transcribed and coded for themes. Seven key themes emerged from findings: Acceptance, Time in General Education Classroom, Supports …

A Chemical Foundation For Native American Use Of Cercis Canadensis And Zanthoxylum Clava-Herculis, Kelly Marie Steinberg

Theses

This thesis project studied the bark of North American plants, Cercis canadensis and Zanthoxylum clava-herculis, plants used medicinally by the Cherokee Indians. The C. canadensis bark was analyzed through Soxhlet extraction, column chromatography, and thin layer chromatography to isolate its nonvolatile components. Collection and analysis of NMR experiments- proton, carbon, HSQC, HMBC, and COSY, led to identification of the compound lupeol. The C. canadensis and Z. clava-herculis bark essential oil was collected with Likens-Nickerson hydrodistillation and analyzed through GC-MS and chiral GC-MS. Major components of the C. canadensis bark oil include 1-hexanol, hexanoic acid, (2E)-hexenoic acid, oleic acid amide, and …

Effects Of High Intensity Ultrasound Frequency And High-Speed Agitation On Fat Crystallization, Roberta Silva, Juhee Lee, V. Gibon, Silvana Martini

Nutrition, Dietetics, and Food Sciences Faculty Publications

The objective of this research was to examine the effect of ultrasound frequency and high-speed agitation on lipid crystallization. Interesterified soybean oil was crystallized at 44 °C without and with the application of high intensity ultrasound (HIU—20 and 40 kHz) or with high-speed agitation (6000 and 24,000 rpm). Two tip amplitudes (24 and 108 µm) and three pulse durations were evaluated (5, 10, and 15 s) for the acoustic frequencies tested. Sonication at 20 kHz of frequency significantly reduced crystal size, increased (p < 0.05) elasticity (435.9 ± 173.3–80,218 ± 15,384 Pa) and SFC (0.2 ± 0.0–4.5 ± 0.4%). No significant difference was observed in the crystallization behavior of these samples when sonicated at different amplitudes for 5 and 10 s. The crystallization behavior was significantly delayed (p < 0.05) in samples sonicated using 108 µm amplitude for 15 s. Larger crystals were formed in samples sonicated at 40 kHz compared to those obtained with 20 kHz and lower SFC (3.7 ± 0.0%) and elasticity (3943 ± 1459 Pa) values were obtained. High-speed agitation at 24,000 rpm increased SFC (5.5 ± 0.1%) and crystallized area and decreased the elasticity (42,602 ± 11,775 Pa) compared to the samples sonicated at 20 kHz.

Sonocrystallization Of Interesterified Fats With 20 And 30% Of Stearic Acid At The Sn-2 Position And Their Physical Blends, Jeta V. Kadamne, Ebenezer A. Ifeduba, Casimir C. Akoh, Silvana Martini

Nutrition, Dietetics, and Food Sciences Faculty Publications

Physical blends (PB) of high oleic sunflower oil and tristearin with 20 and 30% stearic acid and their interesterified (IE) products where 20 and 30% of the fatty acids are stearic acid at the sn-2 position crystallized without and with application of high intensity ultrasound (HIU). IE samples were crystallized at supercooling temperatures (ΔT) of 12, 9, 6, and 3 °C while PB were crystallized at ΔT = 12 °C. HIU induced crystallization in PB samples, but not in the IE ones. Induction in crystallization with HIU was also observed at ΔT = 6 and 3 °C for IE C18:0 …

Pesticides : Pratiques Sécuritaires Et Équipements De Protection Individuelle (Epi), Ludovic Tuduri, Caroline Jolly, Danièle Champoux

Fiches

No abstract provided.

Spectrum, 2017, Northwestern College

Spectrum literary magazine

Literary journal

Saint Or Politician: A Gendered Analysis Of Catherine Benincasa’S Letters, Jacob Hailperin-Lausch

Senior Independent Study Theses

Over the nearly seven hundred years since Catherine Benincasa’s death there has been a flow of almost continuous scholarly and spiritual work that has been written about her. Catherine is one of the few well documented women, of her historical period, in history. However, there is a large gap in the historiography of Catherine, and that is looking at the effect of her letters on her audience and possible implications of her letters on the political and spiritual landscape of her time and beyond. An important piece of looking at Catherine’s spiritual and political career is using a feminist or …

Extending Ttm-Based Quantitative Predictions To Hiv Prevention Among Msm, Bing Chen

Open Access Dissertations

The purpose of this study was to extend the Testing Theory-based Quantitative Predictions approach (TTQP) using the transtheoretical model of behavior change (TTM) to condom use behavior in a sample of men who have sex with men (MSM). The TTQP approach employs the theory to generate effect size predictions, then the observed effect sizes can be calculated and compared to the predicted effect sizes.

The effect size predictions in this study were made: 1) based on the omega squared reported in previous TTQP studies of other health behavior changes (e.g., smoking cessation); 2) based on theoretical considerations; and 3) calculated …

Computational Fluid Dynamics In A Terminal Alveolated Bronchiole Duct With Expanding Walls: Proof-Of-Concept In Openfoam, Jeremy Myers

Theses and Dissertations

Mathematical Biology has found recent success applying Computational Fluid Dynamics (CFD) to model airflow in the human lung. Detailed modeling of flow patterns in the alveoli, where the oxygen-carbon dioxide gas exchange occurs, has provided data that is useful in treating illnesses and designing drug-delivery systems. Unfortunately, many CFD software packages have high licensing fees that are out of reach for independent researchers. This thesis uses three open-source software packages, Gmsh, OpenFOAM, and ParaView, to design a mesh, create a simulation, and visualize the results of an idealized terminal alveolar sac model. This model successfully demonstrates that OpenFOAM can be …

Quality Of Human Resources In Europe Measured By Selected Indicators Of Human Potenti, Slavomir Bucher

Khazar Journal of Humanities and Social Sciences

The paper deals with regional differentiation of human resources and its determinants identified by selected indicators of human potential. The selection of correct and relevant indicators has a key role in the identification and measurement of human potential. The aim of the study is to outline causal and determinant relationship (the relation and the level of dependence) in the spatial differentiation of human resources in Europe and approaches to their interpretation. The main purpose of this paper is to analyze the link between human potential and quality or inequality of life and its effect on population from a demographic viewpoint. …

English Language Textbooks In Efl Education: Do They Improve Students’ National, International And Target Culture Familiarity?, Reza Abbasian, Reza Biria

Khazar Journal of Humanities and Social Sciences

The purpose of the present study was to evaluate English language textbooks of grade 7, 8 and 9 in theIranian Pedagogical curriculum to see to what extent students are exposed to national, international and target cultural familiar content in their classes. As Gurkan (2012) and Ganjabi (2014) say students who are familiar to cultural content of the target language have better reading comprehension scores than those who lack familiarity to target language cultural content. Since culturally familiar content of language in international and target level increases learners‟ comprehension almost in all skills, textbooks are one of their real manifestations in …

Fragments Of Azerbaijan-Russian Literary Relations: On Sergei Yesenin’S Baku Visits, Isaxan Isaxanli

Khazar Journal of Humanities and Social Sciences

This article is devoted to Sergei Yesenin’s meetings while he visited Baku in 1924-1925; it explores his relations with Azerbaijani intellectuals, poets and writers. Here we also carry out analysis on the socio-political scene of the period during Yesenin’s sojourn to Baku. The article clarifies points related to Yesenin’s meeting with famous singer of Azerbaijan, JabbarGaryaghdioglu, as well as with popular Azerbaijani poet, AliaghaVahid, the events of which have been the subject of debate.Although many researchers consider the latter meeting to be a fact, the article emphasizes that there is no historical document to prove it. The article also contains …

Celebrating Or Mourning Patriarchal Love: The Case Of Curious Courtships In Marquez’S Love In The Time Of Cholera, Muhammad Zubair Baig

Khazar Journal of Humanities and Social Sciences

The present study on the novel Love in the Time of Cholera is a critique of idealized patriarchal concept of love divided into higher and debased love by Freud. Love in the novel is predominantly physical and sexual in nature that involves the politics of body and eroticism by creating what Freidan calls feminine mystique. Love, omnipotent in the novel, is choleric in nature showing multi-facets of structured sexuality ranging from extramarital violations to child abuse. The novel projects intensive display of genderism and patriarchal sexual fetishes that gratify whatever masculinity can possibly imagine. There is noticeable narrative indifference towards …

National Mechanisms For Ensuring Social Rights, Shahriyar Aliyev

Khazar Journal of Humanities and Social Sciences

The paper highlighted the role of national mechanisms for the protection of social rights. For this purpose its judicial and administrative remedies have been analyzed. The significance of the constitutional protection of the justice system, her legislative experience in the field of social security, legal and regulatory framework, features, procedural and substantive issues considered on the basis of scientific and theoretical considerations. Along with this, the paper considers a system of judicial protection of social rights, it’s civil, administrative and judicial properties, and shows the primary form of protection issues. Through administrative remedies and the Institute of Human Rights Commissioner …

West Africa – The Region’S Pivotal Role In International Drug Trafficking, Richard Rousseau

Khazar Journal of Humanities and Social Sciences

Africa is a pivotal continent for international drug traffickers and criminal organizations. According to the United Nations Office on Drugs and Crime (UNODC) estimates, approximately 40 to 50 tons of cocaine destined for the European market passes through the African continent each year.1 The illicit profits from such activities amount to at least 1.8 billion dollars, but it could be much larger according to some estimates. Such profits provide drug traffickers with the financial means to destabilize already weak governmental structures and law enforcement institutions in various African countries. This massive profits fuel a trade that has far reaching consequences …

Your Turn, Doctor, Leyla Mozayen

Theses and Dissertations

Between incurably degenerative illness and the graffiti which ignited the Syrian Civil War, YOUR TURN, DOCTOR complicates hope. When myths of revolution, of wellness, no longer console—love as measured in anything but loss. Within a multidisciplinary project how an increasingly painful embodiment intersects the material excess of capitalism is explored. Can objects function as a political demand, necessitating changes in the way the world is ordered? Who for? To understand one kind of oppression in necessary sterility and another in marginalization so profound blindness can result. That is to ask, how long must one be told they do not see …

Privacy And The Right To Record, Margot E. Kaminski

Publications

Many U.S. laws protect privacy by governing recording. Recently, however, courts have recognized a First Amendment “right to record.” This Article addresses how courts should handle privacy laws in light of the developing First Amendment right to record.

The privacy harms addressed by recording laws are situated harms. Recording changes the way people behave in physical spaces by altering the nature of those spaces. Thus, recording laws can be placed within a long line of First Amendment case law that recognizes a valid government interest in managing the qualities of rivalrous physical space, so as not to allow one person’s …

Cognitive Competence In Executive-Branch Decision Making, Anna Spain Bradley

Publications

The decisions Presidents and those operating under their authority take determine the course of our nation and the trajectory of our lives. Consequently, understanding who has the power and authority to decide has captured both the attention of legal scholars across a variety of fields for many years and the immediate worry of the public since the 2016 Presidential election. Prevailing interventions look for ways that law can offer procedural and institutional reforms that aim to maintain separation of powers and avoid an authoritarian regime. Yet, these views commonly overlook a fundamental factor and a more human one: the individuals …

Taking A Second Look At Mdl Product Liability Settlements: Somebody Needs To Do It, Christopher B. Mueller

Publications

This Article examines the forces that lead to the settlement of product liability cases gathered under the MDL statute for pretrial. The MDL procedure is ill-suited to this use, and does not envision the gathering of the underlying cases as a means of finally resolving them. Motivational factors affecting judges and lawyers have produced these settlements, and the conditions out of which they arise do not give confidence that they are fair or adequate. This Article concedes that MDL settlements are likely here to stay, and argues that we need a mechanism to check such settlements for fairness and adequacy. …

Health Information Equity, Craig Konnoth

Publications

In the last few years, numerous Americans’ health information has been collected and used for follow-on, secondary research. This research studies correlations between medical conditions, genetic or behavioral profiles, and treatments, to customize medical care to specific individuals. Recent federal legislation and regulations make it easier to collect and use the data of the low-income, unwell, and elderly for this purpose. This would impose disproportionate security and autonomy burdens on these individuals. Those who are well-off and pay out of pocket could effectively exempt their data from the publicly available information pot. This presents a problem which modern research ethics …

Administrator-In-Chief: The President And Executive Action In Immigration Law, Ming H. Chen

Publications

This Article provides a framework for understanding the role of the President as the Administrator-in-Chief of the executive branch. Recent presidents, in the face of heated controversy and political division, have relied on executive action to advance their immigration policies. Which of these policies are legitimate, and which are vulnerable to challenge, will determine their legacy. This Article posits that the extent to which the President enhances the procedural legitimacy of agency actions strengthens the legacy of the policies when confronted regarding their substance. This emphasis on shoring up administrative procedure is a form of expertise that should be counted …

Standing After Snowden: Lessons On Privacy Harm From National Security Surveillance Litigation, Margot E. Kaminski

Publications

Article III standing is difficult to achieve in the context of data security and data privacy claims. Injury in fact must be "concrete," "particularized," and "actual or imminent"--all characteristics that are challenging to meet with information harms. This Article suggests looking to an unusual source for clarification on privacy and standing: recent national security surveillance litigation. There we can find significant discussions of what rises to the level of Article III injury in fact. The answers may be surprising: the interception of sensitive information; the seizure of less sensitive information and housing of it in a database for analysis; and …

Checking The Government’S Deception Through Public Employee Speech, Helen Norton

Publications

No abstract provided.

Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks

Publications

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …

Essa Research Brief, Samantha Hope

MERC Publications

Every Student Succeeds Act (ESSA): A Research Brief by Samantha Hope, M.T. (March 2017) The Every Student Succeeds Act (ESSA) is a modified reauthorization of the Elementary and Secondary Education Act of 1965. Signed into law on December 10, 2015, it replaces the No Child Left Behind (NCLB) Act of 2001 and provides federal guidelines for states regarding various topics in education. This research brief offers an overview of the legislation, as well as its proposed timeline for implementation and implications for schools in the state of Virginia.