Digital Commons Network^™

The Law Of Interpretation, William Baude, Stephen E. Sachs

Faculty Scholarship

How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document's meaning or a drafter's intent. Those who see language as less determinate take a more skeptical view, urging judges to make interpretive choices on policy grounds. Yet both approaches neglect the most important resource available: the already applicable rules of law.

Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Rather, it is deeply shaped by preexisting …

Organ Entrepreneurs, Kieran Healy, Kimberly D. Krawiec

Faculty Scholarship

The supply of human organs for transplantation might seem an unlikely place to begin thinking about entrepreneurship. After all, there is no production market for human organs and, with the surprising exception of Iran, legal rules around the world make the sale of human organs for transplantation a criminal offense. Yet entrepreneurs have been present throughout the history of organ transplantation — a history of the active exploration, innovation, and management of a potentially very controversial exchange at the seemingly clear boundaries that separate giving from selling, life from death, and right from wrong.

This article explores the role of …

The Responsibility Gap In Corporate Crime, Samuel W. Buell

Faculty Scholarship

In many cases of criminality within large corporations, senior management does not commit the operative offense — or conspire or assist in it — but nonetheless bears serious responsibility for the crime. That responsibility can derive from, among other things, management’s role in cultivating corporate culture, in failing to police effectively within the firm, and in accepting lavish compensation for taking the firm’s reins. Criminal law does not include any doctrinal means for transposing that form of responsibility into punishment. Arguments for expanding doctrine — including broadening of the presently narrow “responsible corporate officer” doctrine — so as to authorize …

Inequality Rediscovered, Jedediah Purdy, David Singh Grewal

Faculty Scholarship

Widespread recognition that economic inequality has been growing for forty years in most of the developed world, and in fact has tended to grow across most of the history of modern economies, shows that the period 1945-1973, when inequality of wealth and income shrank, was a marked anomaly in historical experience. At the time, however, the anomalous period of equality seemed to vindicate a long history of optimism about economic life: that growth would overcome meaningful scarcity and usher in an egalitarian and humanistic period that could almost qualify as post-economic. This has not been the experience of the last …

The Fragile Promise Of Open-File Discovery, Ben Grunwald

Faculty Scholarship

Under traditional rules of criminal discovery, defendants are entitled to little prosecutorial evidence and are thus forced to negotiate plea agreements and prepare for trial in the dark. In an effort to expand defendants’ discovery rights, a number of states have recently enacted “open-file” statutes, which require the government to share the fruits of its investigation with the defense. Legal scholars have widely supported these reforms, claiming that they level the playing field and promote judicial efficiency by decreasing trials and speeding up guilty pleas. But these predictions are based largely on intuition and anecdotal data without extended theoretical analysis …

Voice And Exit As Accountability Mechanisms: Can Foot-Voting Be Made Safe For The Chinese Communist Party?, Roderick M. Hills Jr., Shitong Qiao

Faculty Scholarship

According to Albert 0. Hirschman's famous dichotomy, citizens can express their preferences with their "voice" (by voting with ballots to elect better representatives) or by "exit" (by voting with their feet to choose better places to live). Suppose, however, that ballot-voting is ineffective: Can exit not merely aid but also replace voice? Using the People's Republic of China, a party state without elective democracy as a case study, we argue that exit is not a substitute for, but rather a complement to, voice. China's bureaucratic promotion system plays the same role that local elections do in the United States, promoting …

Putative Periodontopathic Bacteria And Herpes Viruses Interactions In The Subgingival Plaque Of Patients With Aggressive Periodontitis And Healthy Controls, Amal Elamin, Raouf Wahab Ali, Vidar Bakken

All Works

©2017 The Authors. Clinical and Experimental Dental Research published by John Wiley & Sons Ltd. The microbial profile of aggressive periodontitis patients is considered to be complex with variations among populations in different geographical areas. The aim of this study was to assess the presences of 4 putative periodontopathic bacteria (Aggregatibacter actinomycetemcomitans, Porphyromonas gingivalis, Tannerella forsythia, and Treponema denticola) and 2 periodontal herpes viruses (Epstein–Barr virus type 1 [EBV-1] and human cytomegalovirus [HMCV]) in subgingival plaque of Sudanese subjects with aggressive periodontitis and healthy controls. The study group consisted of 34 subjects, 17 aggressive periodontitis patients and 17 periodontally healthy …

Revisiting And Re-Representing Scaffolding: The Two Gradient Model, Shoaib Ahmed Malik

All Works

© 2017 The Author(s). This open access article is distributed under a Creative Commons Attribution (CC-BY) 4.0 license. In this paper I intend to illustrate Vygotsky’s Zone of Proximal Development (ZPD) and then extend the discussion to scaffolding and its relationship with the ZPD. This is then followed by some concerns raised in literature regarding scaffolding as a concept and as a metaphor which involves analysing the arguments for regarding the role of cultural tools and peers as scaffolds akin to instructors. In consideration of some of the criticisms directed at scaffolding, I introduce the concept of the Two Gradient …

The Advising Palaver Hut: Case Study In West African Higher Education, Jobila Williams Sy

All Works

Although international research regarding advising is burgeoning, most of the research on the role of and advantages related to academic advising has been limited to U.S. colleges and universities. This ethnographic case study conducted at a Liberian university examined the organizational culture of advising from student, faculty, and staff perspectives after the establishment of the Student Academic Advisement and Career Counseling Center. The findings suggest two primary elements that shape the role of advising and college student experience: postwar challenges in Liberian higher education and the shifting perspective on student centeredness. As a result, these elements have redefined the preliminary …

The Knowledge And Practice Of Workers Toward Occupational Hazards: Case Study From United Arab Emirates, Fares M. Howari, Yousef Nazzal, Mustaffah Awad

All Works

© 2017, Universidade Federal do Rio de Janeiro. All rights reserved. The focus of this investigation is to assess the level of knowledge, attitude and practice (KAP) of workers on occupational health and safety issues in the industrial town of Mussafah, United Arab Emirates. A combination of personnel interviews in conjunction with t-test and logistic regressions were used to assess the KAP of the workers. Around 98% of the survey results indicate that the computed p-value of the responses is greater than the significance level alpha = 0.05, hence the null hypothesis H0 of the test of normality cannot be …

Design And Evaluation Of Ballast Water Management Systems Using Modified And Hybridised Axiomatic Design Principles, Lawrence Kuroshi

World Maritime University Ph.D. Dissertations

There are two major motivations to this research. The first is based on the concerns raised at the International Maritime Organisation (IMO) MEPC 67 and 68 meetings regarding the capacity of some type-approved Ballast Water Management (BWM) Systems to meet the performance standard (D-2) of the BWM Convention at-all-times and in all conditions. The second is based on the reluctance expressed by some ship- owners to install the system onboard their ships as a Lloyd's list survey suggested.

In this work, an attempt was made to address these issues and concerns using a set of criteria stipulated in Regulation D-5.2 …

Coral Larvae For Restoration And Research: A Large-Scale Method For Rearing Acropora Millepora Larvae, Inducing Settlement, And Establishing Symbiosis, F. Joseph Pollock, Sefano M. Katz, Jeroen A.J.M. Van De Water, Sarah W. Davies, Margaux Hein, Gergely Torda, Mikhail V. Matz, Victor H. Beltran, Patrick Buerger, Eneour Puill-Stephan, David Abrego, David G. Bourne, Bette L. Willis

All Works

© 2017 Pollock et al. Here we describe an efficient and effective technique for rearing sexually-derived coral propagules from spawning through larval settlement and symbiont uptake with minimal impact on natural coral populations. We sought to maximize larval survival while minimizing expense and daily husbandry maintenance by experimentally determining optimized conditions and protocols for gamete fertilization, larval cultivation, induction of larval settlement by crustose coralline algae, and inoculation of newly settled juveniles with their dinoflagellate symbiont Symbiodinium. Larval rearing densities at or below 0.2 larvae mL-1 were found to maximize larval survival and settlement success in culture tanks while minimizing …

An Analysis Of Variable Dissolution Rates Of Sacrificial Zinc Anodes: A Case Study Of The Hamble Estuary, Uk, Aldous B. Rees, Anthony Gallagher, Sean Comber, Laurence A. Wright

School of Geography, Earth and Environmental Sciences

No abstract provided.

Validation Of The Oecd Reproduction Test Guideline With The New Zealand Mudsnail Potamopyrgus Antipodarum Using Trenbolone And Prochloraz, C Geiß, K Ruppert, C Askem, C Barroso, D Faber, V Ducrot, H Holbech, Th Hutchinson, P Kajankari, Kl Kinnberg, L Lagadic, P Matthiessen, S Morris, M Neiman, O-P Penttinen, P Sanchez-Marin, M Teigeler, L Weltje, J Oehlmann

School of Geography, Earth and Environmental Sciences

The Organisation for Economic Cooperation and Development (OECD) provides several standard test methods for the environmental hazard assessment of chemicals, mainly based on primary producers, arthropods, and fish. In April 2016, two new test guidelines with two mollusc species representing different reproductive strategies were approved by OECD member countries. One test guideline describes a 28-day reproduction test with the parthenogenetic New Zealand mudsnail Potamopyrgus antipodarum. The main endpoint of the test is reproduction, reflected by the embryo number in the brood pouch per female. The development of a new OECD test guideline involves several phases including inter-laboratory validation studies to …

Developing And Evaluating ‘Plymtour’ A New Mobile Online Educational Resource For Students On Plymouth’S People And Places, Mark Holton, Nichola Harmer, Rebecca Vickerstaff

School of Geography, Earth and Environmental Sciences

The aim of the project was to develop and evaluate a new mobile digital resource for place-based learning in Geography and wider disciplines. The objectives were: • To work with ASTI to develop ‘PlymTour’, a digital walking tour of central Plymouth accessed through the Mobile with Plymouth University (MwPU) app and hosting multi-media resources on a dedicated Plymouth University Digital Learning Environment (DLE) page. • To research how Geography students engage with PlymTour in order to evaluate its use as a pedagogic tool for deepening knowledge of the socio-economic geographies of Plymouth and supporting learning in existing modules. • To …

Using Bayesian Networks To Understand Relationships Among Math Anxiety, Genders, Personality Types, And Study Habits At A University In Jordan, Linda Smail

All Works

© 2017 Journal on Mathematics Education.All Rights Reserved. Mathematics is the foundation of all sciences, but most students have problems learning math. Although students' success in life related to their success in learning, many would not take a math course unless it is their university's core requirements. Multiple reasons exist for students' poor performance in mathematics, but one prevalent variable worth consideration is the personality type. This work seeks to uncover relationships, if any, between students' math anxiety and the students' learning type in learning math and preparing for exams and tests. We use Bayesian networks to link those different …

Enterprise Systems: The Quality Of System Outputs And Their Perceived Business Value, Ahed Abugabah

All Works

Copyright © 2017 by SCITEPRESS - Science and Technology Publications, Lda. All rights reserved. Organizations are exploring the opportunities offered by information technology to reduce cost and improve overall performance and gain more efficiency. Enterprise Resource Planning Systems are viewed as powerful solutions that help improve productivity, performance and overall quality. However, effective use and beneficial outcomes from such systems are nether guaranteed nor recognized. This study aimed at evaluating the business value of ERP systems and perceived benefits at the user level. This short paper briefly presenting some empirical results related enterprise system impacts and benefits. The reported results …

Environmental Vibration Reduction Utilizing An Array Of Mass Scatterers, A. T. Peplow, L. V. Andersen, P. Bucinskas

All Works

© 2017 The Authors. Published by Elsevier Ltd. Ground vibration generated by rail and road traffic is a major source of environmental noise and vibration pollution in the low-frequency range. A promising and cost effective mitigation method can be the use of heavy masses placed as an array on the ground surface near the road or track (e.g. concrete or stone blocks, specially designed brick walls, etc.). This work concerns the effectiveness of such "blocking" masses. A semi-analytical lumped-parameter method is utilized, assuming that the blocks are point masses situated on an elastic half-space. The work is enhanced by examples …

Does The Implementation Of A Novel Intensive Care Discharge Risk Score And Nurse-Led Inpatient Review Tool Improve Outcome? A Prospective Cohort Study In Two Intensive Care Units In The Uk, J Fabes, W Seligman, C Barrett, S Mckechnie, J Griffiths

More Faculty of Health Research

ObjectiveTo develop a clinical prediction model for poor outcome after intensive care unit (ICU) discharge in a large observational data set and couple this to an acute post-ICU ward-based review tool (PIRT) to identify high-risk patients at the time of ICU discharge and improve their acute ward-based review and outcome.DesignRetrospective patient cohort of index ICU admissions between June 2006 and October 2011 receiving routine inpatient review. Prospective cohort between March 2012 and March 2013 underwent risk scoring (PIRT) which subsequently guided inpatient ward-based review.SettingTwo UK adult ICUs.Participants4212 eligible discharges from ICU in the retrospective development cohort and 1028 patients included …

Reproductive Effects Of Endocrine Disrupting Chemicals, Bisphenol-A And 17Β-Oestradiol, On Cerastoderma Edule From South-West England: Field Study And Laboratory Exposure, Al Lusher, N Pope, Rd Handy

School of Biological and Marine Sciences

No abstract provided.

Sustainable Production Framework For Cement Manufacturing Firms: A Behavioural Perspective, Sj Childe

Plymouth Business School

Understanding sustainable production is becoming increasingly important for production and operations managers, mainly due to a shortage in natural resources. Sustainability requires many changes in behaviour at all levels. Few studies within the sustainable production literature have empirically disentangled the underlying behavioural concepts of sustainable production. To address this gap, this study utilizes the theory of planned behaviour (TPB) to develop a theoretical framework to explain sustainable production behaviour. Survey data gathered from 128 Indian cement manufacturing units suggest that attitude, subjective norms or social pressures and perceived behavioural control are predictors of the intention for sustainable production which then …

Academic Capitalism In Architecture Schools: A Feminist Critique Of Employability, 24/7 Work And Entrepreneurship, I Troiani

School of Art, Design and Architecture

This chapter examines the current situation that many universities worldwide are facing due to globalisation, which is of transitioning from institutions for education (Foucault’s ‘premodern or medieval university’) toentrepreneurial businesses (the ‘modern university’). The modern university is governed by a neoliberal system of production and consumption of students, staff, knowledge and research for the purpose of improving nation economies. Looking particularly at schools of architecture, it discusses employability, 24-hour work and entrepreneurship in relation to marketisation and economisation. It tracks the inequalities that arise from the neoliberalisation of public universities on teaching content, an administrative-directed work, workloads, wellbeing and gender. …

Assessment Of Dysphotopsia In Pseudophakic Subjects With Multifocal Intraocular Lenses, Phillip J. Buckhurst, Shehzad A. Naroo, Leon N. Davies, Sunil Shah, Tom Drew, James S. Wolffsohn

School of Health Professions

No abstract provided.

The Language Of Interaction, Rafael Arrivabene

School of Art, Design and Architecture

Actions, reactions, conditions, and restrictions form the basis of any game. The rules designed to conduct participation and behaviours of players and objects can be understood as a particular language. In an attempt to elucidate an expressive potential that may have been underestimated by game developers and researchers, this paper presents an approximation of game rules to linguistic concepts.

An Alternative Surgical Approach Reduces Variability Following Filament Induction Of Experimental Stroke In Mice, Melissa Trotman-Lucas, Michael E. Kelly, Justyna Janus, Robert Fern, Claire L. Gibson

More Faculty of Health Research

No abstract provided.

Teaching In Anaesthesia, Hiu Lam, J Robert Sneyd

More Faculty of Health Research

Introduction. Anaesthesia offers unique learning opportunities for students and clinicians. It encompasses basic & applied sciences in anatomy, physiology, pharmacology, pathophysiology and the understanding of important principles & concepts in physics, clinical measurement, and data interpretation, as well as practical skills, decision making and teamwork. An understanding of self-directed learning theory underpins effective clinical teaching. Pedagogic developments have supported progression from large group lectures to smaller group Problem Based Learning (PBL). Unlike other specialties, clinicians in anaesthesia have the advantage of a close learner-teacher relationship – typically 1:1. This allows the trainee to be involved in the practical patient management, …

Concert Recording 2017-05-04a, Amanda Davis, Kristine Mezines

Concert Recordings & Programs

[00:00]. "Ma che vi fece, o stelle...sperai vicino il lido", K. 368 / W.A. Mozart -- [08:35]. Walzer-Gesänge, op. 6. I. "Liebe Schwalbe" II. Klagen ist der Mond gekommen ; III. Fensterlein, nachts bist du zu ; IV. Ich geh' des Nachts ; V. Blaues Sternlein ; VI. Briefchen schrieb ich / Alexander Zemlinsky.

Concussion Knowledge Of Missoula Youth Hockey Participants And Their Parents, Samantha Riordan

Graduate Student Theses, Dissertations, & Professional Papers

Abstract:

Background: The Dylan Steigers Protection of Youth Athletes Act (DSPYAA) was passed by Montana legislature in 2013 which calls for mandatory concussion education of coaches, parents, and athletes. This law only applies to school sponsored sports, excluding those involved in youth sports organizations (YSO), such as youth hockey.

Hypothesis: Participating youth athletes and parents will not be able to identify signs and symptoms of a concussion and will not be able to identify future consequences of a poorly managed concussion.

Study Design: Cross sectional survey. Level of Evidence: Level 4

Methods: A descriptive questionnaire, Concussion Knowledge in Youth Sports …

School Change For Sustainability, Ryder Delaloye

Graduate Student Theses, Dissertations, & Professional Papers

The welfare of current and future generations is diminished due to unprecedented levels of ecological degradation that is a result of accelerating levels of per capita consumption. Sustainability education is being widely embraced as an applied strategy for addressing both unchecked consumption and environmental degradation (Brown, 2003). Yet, little is known about how schools adopt and implement sustainability education. The means by which to engage and foster sustainability education is not well researched. This qualitative research study seeks to address the following research question: How did students and faculty at each school site go about the process of creating and …

A Collective Case Study On Vocabulary Instruction In Fifth Grade Classrooms, Farrukh Nazir

Graduate Student Theses, Dissertations, & Professional Papers

In this qualitative research study, I investigated how vocabulary instruction takes place in two fifth-grade classrooms from both teachers’ and students’ perspectives. Vocabulary knowledge holds key importance in learning to read, academic success in all school subjects, and achievement in life beyond school (Graves, 2016. p.2). Due to the importance of vocabulary, Common Core State Standards (CCSS) also put an increased focus on the process of vocabulary acquisition. Recent vocabulary research has found that vocabulary instruction in classrooms is weak, thin, and not research-based (Carlisle, Kelcey & Berebitsky, 2013; Graves, 2016; Wright & Neuman, 2014). To investigate vocabulary instruction the …