Digital Commons Network^™

2017-2018 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Afterword - Agape And Reframing, James Boyd White

Other Publications

In a provocative essay, philosopher Jeffrie Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as …

Behavioral Responses Of Tuta Absoluta To A Wild And Cultivated Tomato Plants And Characterization Of The Mediating Semiochemical Blends, Raphael Njurai Miano

All Master’s Theses

Tomato is rated the second most important horticultural crop after potato in most parts of the world. However, its cultivation is threatened by infestations of Tuta absoluta (Lepidoptera: Gelechiidae). The pest originated from South America and is now invading fields and greenhouse production sites in the world. Tuta absoluta was first officially reported in Kenya in March 2014 at Isiolo and has spread to all parts where tomato is grown. The pest has been nicknamed tomato ‗Al-shabaab‘ as it leaves unimaginable damage of the crop after infestations. Chemical methods used to control the pest have led to high levels of …

Transgenic Expression Of The Tsetse Fly Glossina Fuscipes Fuscipes Olfactory Receptor, Or67d, In Drosophila Melanogaster, Bishola Tania

All Master’s Theses

Tsetse flies are the sole vectors of Human African trypanosomiasis (sleeping sickness) and Animal African trypanosomiasis (Nagana). The insect is attracted to its suitable hosts through external signals which are perceived by olfactory receptors (ORs); thus representing the basis of transmission of the disease to thousands of people and millions of livestock. A developing approach to efficiently identify the key chemical ligands of odorant receptors entails expressing single ORs in different cell systems for consequent screening analysis. This study aimed to establish the expression of an expanded olfactory receptor family, Or67d of Glossina fuscipes fuscipes, a vector of both animal …

Assessment Of Rodents' Postharvest Losses In On-Farm Maize Storage In Kenya, Kukom Edoh Ognakossan

All Master’s Theses

Rodents are one of the major postharvest pests that affect food security by impacting on both food availability and safety. However, knowledge of the impact of rodents in on-farm maize storage systems in Kenya is limited. A survey was conducted in 2014 with a total of 630 farmers spread across the six maize growing agro-ecological zones (AEZs) to assess postharvest losses magnitudes in on-farm maize storage systems in Kenya, and the contribution of rodents to the losses. Experiments were also set in the AEZ identified from the survey study as the main rodents' hot-spot area with 20 farmers from which …

"You Are No Longer Creative When You Give Up": Technical Theatre’S Creative Sleight Of Hand, Maggie Phillips, Renee Newman

Research outputs 2014 to 2021

The Western Australian Academy of Performing Arts at Edith Cowan University contains vocational education training programmes including technical design courses with broad reach covering arts administration, stage management, stage lighting, sound design, set and costume design. In an unsettling problematic, teachers and students in the broadly themed Production and Design courses often find themselves isolated from the other creative disciplines or battle with the perception that their work is in fact not creative but entirely the technical implementation of ‘someone’s else’s vision’. This approach seems to dismiss the creative thinking required in the development and orchestration of the design and …

Privacy, Vulnerability, And Affordance, Ryan Calo

Articles

This essay begins to unpack the complex, sometimes contradictory relationship between privacy and vulnerability. I begin by exploring how the law conceives of vulnerability — essentially, as a binary status meriting special consideration where present. Recent literature recognizes vulnerability not as a status but as a state — a dynamic and manipulable condition that everyone experiences to different degrees and at different times. I then discuss various ways in which vulnerability and privacy intersect. I introduce an analytic distinction between vulnerability rendering, i.e., making a person more vulnerable, and the exploitation of vulnerability whether manufactured or native. I also describe …

Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo

Articles

Talk of artificial intelligence is everywhere. People marvel at the capacity of machines to translate any language and master any game. Others condemn the use of secret algorithms to sentence criminal defendants or recoil at the prospect of machines gunning for blue, pink, and white-collar jobs. Some worry aloud that artificial intelligence will be humankind’s “final invention.” This essay, prepared in connection with UC Davis Law Review's 50th anniversary symposium, explains why AI is suddenly on everyone's mind and provides a roadmap to the major policy questions AI raises. The essay is designed to help policymakers, investors, technologists, scholars, and …

Is There A Right To Be Free From Corruption?, Anita Ramasastry

Articles

Scholars and policymakers have, for some time, focused on the link between corruption and human rights. This has been to illustrate that corruption is not a victimless crime. While this has publicized the impact of corruption on individuals and on society, it has not changed the lack of political will to prosecute many instances of corruption. Thus citizens often stand by as their leaders plunder national treasuries. Rather than focusing solely on human rights, or trying to create a new “human right” to be free from corruption, this article explores the right to a legal remedy for victims of corruption …

Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills

Articles

The federal government’s trust relationship with federally recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …

Postpartum Taxation And The Squeezed Out Mom, Shannon Weeks Mccormack

Articles

Faced with too-short (or nonexistent) maternity leaves, inflexible work schedules, and the soaring costs of childcare in the United States, many new mothers temporarily leave the workforce to care for their young children. Although media attention has focused on the “opt-out” mom, many more mothers are squeezed out of the external workplace. But mothers that try to return to work may discover that it is difficult to do so, as employers have been shown to be less likely to hire mothers than others. A mother that does reenter may find that even short periods out of work cost (sometimes far) …

Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen

Articles

While a zombie is the undead and has no expiration, patents do. A patent comes into existence the moment the government, through the United States Patent and Trademark Office (USPTO), examines the invention application and issues a grant of patent. From that birth, a patent will have a lifetime of only twenty years from the date of filing the application. Patents expire and have no life after the twenty-year period.

Some patents die when the patentees abandon them by not paying maintenance fees. Dead patents must remain dead and become part of the public domain. Unfortunately, this Essay observes that …

Backdating Marriage, Peter Nicolas

Articles

Many same-sex couples have been in committed relationships for years, even decades. Yet until 2004 no same-sex couples in the United States had the right to marry in any state and until the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges the right was unavailable to same-sex couples nationwide. Due to this longstanding denial of the right to marry, most same-sex relationships appear artificially short when measured solely by reference to the couple's civil marriage date.

This circumstance has important legal consequences for many same-sex couples, as a number of rights associated with marriage are tied not merely to …

Astroturf Activism, Melissa J. Durkee

Articles

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law.

This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

The Advent Of Lawyers In Japanese Government, Daniel H. Foote

Articles

Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal …

A Bone To Pick: Applying A Best Interest Of The Family Standard In Pet Custody Disputes, L. Morgan Eason

South Dakota Law Review

No abstract provided.

Lessons Learned: The Pea Ridge School District's Discrimination Against Students With Hiv/Aids Has Rekindled Difficult Issues, Nicole Oelrich Tupman, Barbara C. Gartin, Nikki L. Murdick

South Dakota Law Review

No abstract provided.

Be Neurotic And Evolve Into Your Special Calling, Roger M. Baron

South Dakota Law Review

No abstract provided.

South Dakota's Public Trust Doctrine: Conserving Natural Resources In The Twenty-First Century, John H. Davidson

South Dakota Law Review

No abstract provided.

The Trilogy And Beyond, Perry L. Moriearty

South Dakota Law Review

No abstract provided.

South Dakota's Data-Driven, Evidences-Based Juvenile Justice Reform, Wendy Hess, Emily Verhine

South Dakota Law Review

No abstract provided.

Juridogenic Harm And Adverse Childhood Experiences, Autumn R. Ascano, Joseph A. Meader

South Dakota Law Review

No abstract provided.

A Campaign Approach To Challenging The Prosecution Of Youth As Adults, Marcy Mistrett, Jeree Thomas

South Dakota Law Review

No abstract provided.

Children Are Sacred: Applying Navajo (Dine) Fundamental Law To Strengthen Juvenile Justice, Troy A. Eid, Deanna Goldtooth

South Dakota Law Review

No abstract provided.

Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick

South Dakota Law Review

No abstract provided.

The Movement To Stop Youth Solitary Confinement: Drivers Of Success & Remaining Challenges, Amy Fettig

South Dakota Law Review

No abstract provided.

Understanding Leadership Practice Utilizing A Naturalistic Decision-Making Model Among Health Care Leaders, Andrea Ilene Hart

UNF Graduate Theses and Dissertations

This study analyzes the leadership practice of two experienced female leaders from the health care sector to understand their decision-making processes as it relates to their personal theorizing. Ineffective and unethical leadership in American business is a reality in today’s society. Organizations are in need of leaders who approach leadership from a paradigm which supports effective leadership practice. It is my assertion regarding this study that effective leadership may be connected to a leader’s values which impact their leadership practice and decision-making.

This study relies on a conceptual and theoretical framework based in Cornett’s (1990) Naturalistic Decision Making Model. It …

A Theory Of Structured Experience, Gary D. Ellis, Patti A. Freeman, Tazim Jamal, Jingxian Jiang

Faculty Publications

We extend Duerden, Ward, and Freeman’s [2015. “Conceptualizing Structured Experiences.” Journal of Leisure Research 47 (5): 601– 620] ‘structured experience’ framework by proposing a formal theory of structured experiences. The theory advances propositions about how leisure service providers may structure environments and interactions to facilitate specific subjective experiences for guests and participants. Following the Duerden, Ward, and Freeman (2015) paper, the theory of structured experience is an integration of literature from leisure studies, tourism, and marketing. Formal definitions are provided for four co-created subjective experiences: immersion, absorption, engagement, and deep structured experience. Propositions about specific strategies providers can use to …

Paper/Pencil Versus Online Data Collection: An Exploratory Study, Peter Ward, Taralyn Clark, Ramon Zabriskie, Trevor Morris

Faculty Publications

Usage of online data-collection methods are increasing in leisure research. Some potential benefits to using online methods over traditional paper/pencil techniques include financial savings and easier access to large populations. Disadvantages, however, include difficulty in sample selection and variations of the instruments’ reliability. This study explores how subject responses potentially differ when collecting data online versus paper/pencil for six instruments commonly used within leisure research. A repeated measure design with paired sample t-tests and HLM was used with 207 college students to compare these methods of data collection. Responses differed between methods on three of the tested instruments. A general …

Engaging The Private Sector To Fortify Strategic Base And Port Community Resiliency In The Aftermath Of A National Crisis, Rosalie J. Wyatt

Walden Dissertations and Doctoral Studies

The initial 72 hours after a large-scale crisis are critical in terms of preserving life and property, and the private sector and its critical infrastructure are often called upon to assist government organizations in such events. However, little research explores the unique circumstances surrounding the relationship between public-private partnerships and community resilience in strategic communities including military installations and ports. Using Bryson, Crosby, and Stone's conceptualization of cross-sector collaboration, the purpose of this grounded theory study was to develop a theory of private sector engagement and collaboration with military base and port community leaders in response to large scale crises. …