Digital Commons Network^™

The European Union’S Competence On Foreign Investment: “New And Improved”?, Dominik Moskvan

San Diego International Law Journal

The general approach of the EU towards its trade and investment agenda changed in 2006 into a vigorous use of bilateral negotiations as the Union experienced opposition from emerging countries as well as the U.S. The use of bilateral agreements was seen as a reliable instrument to efficaciously realize the Union market power that was in decline. The future erosion of the EUs market position will likely continue and this will contribute to favoring the use of bilateral instead of multilateral trade agreements with the EU. However, as far as competence is concerned, should an investment treaty be signed in …

The First Competitive Video Gaming Anti-Doping Policy And Its Deficiencies Under European Union Law, Colby Stivers

San Diego International Law Journal

This Comment identifies the deficiencies of the ESL anti-doping regime and proposes solutions for compliance with international law. In addition to achieving compliance, the proposed solutions analyzed are selected to serve the values of eSports stakeholders, as well as the philosophical valuesof sports competition as a whole. Section II will identify those stakeholdersand values. Section III will identify and attempt to solve potential noncompliancewith EU treaty-based law under the European Convention on Human Rights and resolutions of the Council of Europe. Section IV will identify and propose solutions transposed from traditional sports anti-doping policies that address discrepancies with EU law …

The Dublin Regulation And Systemic Flaws, Jason Mitchell

San Diego International Law Journal

This Comment will discuss the systemic flaws in the Dublin Regulation and in the Member States asylum procedures, as well as the need for specificity in the definition of the systemic flaws; discussed in the Dublin Regulation. Section II will explain the history and source of obligation underlying the Dublin Regulation, and will also detail its development since its inception. Section III will explore the meaning of systemic flaws found in Article 3 of the Dublin Regulation. Section III will also discuss the cases decided by the European Court of Human Rights ( ECtHR ) and the European Court of …

Cuba Libre: A Verb? A Noun? Or A Cocktail?, Brian Eiselman

San Diego International Law Journal

This Article examines the nature of the history and origins of hostilities between the United States and Cuba leading up to the Embargo, and the Constitutional issue regarding the possible termination of the Embargo in view of the Helms-Burton Act. While President Kennedy enacted the Embargo unilaterally, the Helms-Burton Act usurped the power to regulate and conduct international affairs from the President, requiring a two-thirds Senate majority in order to lift or modify the Embargo.[] Arguably, this provision violates both the United States Constitution as well as International Law.[] Under the Obama Administration there was a new attitude towards Cuba, …

Vatican Condemnation Of Nazi War Crimes: Pope Pius Xii’S Denunciation Of Wartime Atrocities, Donald H. J. Hermann

San Diego International Law Journal

The debate on the silence of Pope Pius XII has been rekindled by recent close examination of the Pope’s 1942 Christmas Message denouncing totalitarianism and the killing of persons “only because of their nationality and race,” along with a particular condemnation of Marxist Socialism and a call for national and international relations to be based on natural law principles guaranteeing justice, order, and peace. In particular, Michael Phayer, a historian writing on the Vatican’s relation to the Holocaust, suggested a need for renewed attention to the 1942 Christmas Message. According to Phayer:

Historians . . . have been rather too …

On The Precipice: Prospects For Free Labor Unions In Vietnam, Tran Thi Kieu Trang, Richard Bales

San Diego International Law Journal

Vietnam (officially, the “Socialist Republic of Vietnam”) is rapidly transitioning economically, in large part due to pro-trade policies that have attracted international capital. A necessary component for Vietnam to further integrate into the world economy is to develop a system of industrial relations that will ensure industrial stability and reassure international manufacturers that there is no risk of embarrassment resulting from revelations of brutal or unsafe working conditions. Positive signs for rapid labor reform were visible as recently as early 2016 with the Trans-Pacific Partnership (“TPP”), a trade agreement intended to integrate trade among twelve countries (including Vietnam), which would …

Physician-Assisted Suicide: Removing Residency Requirements In The U.S. To Comport With An International Right To Health, Alexi Silverman

San Diego International Law Journal

In 1948, the UN General Assembly passed a resolution, known as the International Bill of Human Rights. The Bill contains the Universal Declaration of Human Rights, articulating a human right to health. A subsequent treaty, the International Covenant on Civil and Political Rights states that “every human being has the inherent right to life.” Furthermore, the International Covenant on Economic, Social and Cultural Rights protects access to healthcare. However, these treaties do not explicitly recognize a “right to die,” leaving the decision of whether to allow euthanasia and physician-assisted suicide within the discretion of individual countries.

With this international background …

2017 Children's Legislative Report Card, Children's Advocacy Institute, University Of San Diego School Of Law

Children's Legislative Report Card

No abstract provided.

Low-Fee Private Schools In West Africa: Case Studies From Burkina Faso And Ghana, Corinne Brion

Dissertations

Every year billions of dollars are spent on development aid and training around the world. However, only 10% of this training results in the transfer of knowledge, skills, or behaviors learned in the training to the work place. Ideally, learning transfer produces effective and continued application by learners of the knowledge and skills they gained through their learning activities. Some studies suggest that technology usage can serve as an effective post-learning intervention to enhance the transfer of learning.

Currently, there is a limited body of research examining the factors that hinder and promote learning transfer in professional development, particularly the …

Exploring Factors Impacting Veterans' Hypertension Control, Jian Hua Liu

Dissertations

Exploring factors impacting veterans’ hypertension (HTN) control is essential in reducing the common cardiovascular disease event of stroke, heart attack, chronic kidney disease and mortality. The purpose of this study was to describe multidimensional factors impacting veterans’ HTN control. Utilizing a descriptive, exploratory, cross-sectional, retrospective, convenience sampling research design, 331 electronic medical records in a VA dashboard data set were reviewed for men and women veterans between the age 24 and 98 years (M=62, SD=13) in a Southern California Veterans Affair primary care clinic from October 17, 2014 through October 17, 2016. Data were analyzed by univariate, bivariate and multivariate …

Faith And Homelessness: Examining The Influence Of The Faith-Based Component Of A Transitional Housing Program On The Attitudes And Behaviors Of Homeless Men, Douglas Edward Luffborough Iii

Dissertations

Homelessness is a social and public policy concern. In the United States, homelessness is a problem with multiple and complex causes that include mental illness and the effects of physical, economic, and social conditions such as extreme poverty, exposure to the elements, mental and substance abuse disorders, malnutrition, and victimization. Transitional housing is a temporary option offered as a response to homelessness, recognizing that if individuals are provided with shelter, they may be supported in their attempt to achieve self-sufficiency.

There is some evidence that supports the benefits of federally funded transitional housing programs, but to date, few studies have …

Mexican-Born Immigrant Decision-Making About Self-Management Of Type 2 Diabetes, Virginia Lynn Hart-Kepler

Dissertations

Purpose: This study explored how English-speaking Mexican-born immigrants with diabetes 2 (T2D) made decisions about diabetes self-management (DSM).

Background: Little is known about the self-care decisions of Mexican-born adults living in America with T2D. This information is needed so that health care professionals (HCPs) might better support patients’ DSM. T2D is a serious, multi-system disease, effecting persons of Mexican heritage almost twice as often as non-Hispanic whites (NHW); with lower insulin sensitivity, rapid prediabetes/T2D onset, and severe outcomes. Ineffectively managed blood glucose (BG) risks serious complications, reduced life quality, and premature death. T2D is primarily self-managed; requiring BG control. HCPs …

Prevalence, Severity And Factors Associated With Peripheral Neuropathy Among Newly Diagnosed Diabetic Patients Attending Mulago Hospital: A Cross-Sectional Study, Samden Lhatoo, Martha Sajatovic

Faculty Scholarship

Aims: To determine the prevalence and associated risk factors of diabetic peripheral neuropathy (DPN) among newly diagnosed diabetes mellitus patients in Mulago Hospital. Methods: A cross-sectional study was conducted among 248 newly diagnosed adult diabetic patients. Using the standard Neuropathy Symptom Score (NSS) and Neuropathy Disability Score (NDS) criteria, we screened them for neuropathy. Data on the socio-demographics, age, duration of symptoms and history of diabetic ulcer were analyzed using a multiple logistic regression. A p-value <0.05 was considered significant. Results: The majority of study patients (62.1%) were male. The overall prevalence of DPN was 29.4 %. Nearly sixteen percent had moderate neuropathy and only five percent had severe neuropathy. Age above 60 years was significantly associated with the presence of DPN; (OR 3.72; 95% CI 1.25 – 11.03; p=0.018). The history of ever having a foot ulcer was significantly associated with peripheral neuropathy (OR 2.59; 95% CI: 1.03 – 6.49, p = 0.042). Conclusion: DPN occurs in 1 in 4 of newly diagnosed diabetic patients in Mulago hospital. Two thirds of these patients had moderate to severe neuropathy. DPN was independently associated with increasing age. Early diagnosis of diabetes mellitus, increased diabetes knowledge and regular blood sugar screenings would play an important role in identifying this problem.

College Students' Sleep Quality, Yahya Ahmed Alamir

Graduate Theses, Dissertations, and Problem Reports (ETD)

Poor sleep quality among college students increases the risk for lower grade point averages, compromised learning, impaired mood, and motor vehicle accidents; and associated with several unhealthy behaviors and outcomes including substances /drugs use (alcohol and medications), and weight gain. Therefore, we assessed college sleep quality in relation to the NMUPD and BMI among a large sample of college students using the fall 2010-spring 2011 national survey data (American College Health Association - National College Health Assessment (ACHA-NCHA)). In addition, we used theoretical model integrating HBM perception constructs and behavioral intention to describe and predict college students' sleep quality among …

Skeletal Muscle Arteriole Dysfunction And Microvessel Density In Metabolic Syndrome And Depression: How Exercise Can Be Used As An Intervention, Kayla Whitney Branyan

Graduate Theses, Dissertations, and Problem Reports (ETD)

The present study examined the effect of unpredictable chronic mild stress (UCMS) on peripheral microvessel function in healthy and metabolic syndrome (MetS) rodents, and whether exercise training could prevent the vascular dysfunction associated with UCMS. Our initial hypothesis was that: 1) LZRs exposed to UCMS would have peripheral microvascular dysfunction similar to that evident in the OZRs controls due to a reduction in NO bioavailability and an increase in ROS production; 2) the comorbidity between MetS exposed to UCMS will exacerbate the already existing peripheral microvascular dysfunction; 3) exercise could limit the peripheral microvascular dysfunction by decreasing oxidative stress and …

Whole-Farm Phosphorus Management In West Virginia Beef Cattle Operations, Justin Brackenrich

Graduate Theses, Dissertations, and Problem Reports (ETD)

Demand for animal proteins is increasing worldwide, spurring an increase in forage based agricultural production. Forage based agriculture utilizes grass and legume crops from areas which are not suited for row-crop production to feed ruminant animals. These systems provide increased animal proteins to consumer markets, while using minimal amounts of cereal crops that would otherwise be used for human consumption. However, forage based agriculture does not come without a risk of environmental degradation. The US EPA determined that agriculture non-point source (NPS) pollution is among the top three causes of phosphorus (P) related surface water impairment and accounts for an …

Baltimore City Reservoir Watershed Forests Deer Exclosure Study: Deer Impact In An Even-Aged, Second Growth, Hardwood Forest Over A Ten Year Period, Walter Buck

Graduate Theses, Dissertations, and Problem Reports (ETD)

White-tailed deer (Odocoileus virginianus) have the potential to change forest community dynamics by affecting the persistence of individual tree species and altering overstory composition. We evaluated the Baltimore City Reservoir Watershed Forests Deer Exclosure Study for a better understanding of the effects of over-browsing in this hardwood forest. The study examined the effects of deer browsing over a ten year period, using 20 fenced deer exclosure plots (8x8 feet), paired with unfenced reference control plots. Tree seedling and sapling abundance was compared between the fenced deer exclosure plots and the unfenced control plots over the ten year period. Total tree …

Impact Of Incident Cancer On Coronary Artery Disease-Related Concomitant Medication Adherence, Short-Term Health And Economic Outcomes Among Elderly Medicare Beneficiaries With Coronary Artery Diseas, Ishveen Kaur Chopra

Graduate Theses, Dissertations, and Problem Reports (ETD)

Coronary artery disease (CAD) is one of the most burdensome chronic conditions in the elderly. The two key goals of long-term management of CAD are (i) to reduce symptoms and ischemia and (ii) prevent myocardial infarction and death, by lowering lipids and blood pressure. Of all the risk reduction strategies, use and adherence to concomitant pharmacotherapy with statins and beta-blockers, angiotensin-converting enzyme inhibitors (ACEIs) or angiotensin II receptor blockers (ARBs) have been shown to be highly effective and has become the cornerstone of CAD management. However, adherence to concomitant pharmacotherapy can be influenced by many factors including the development of …

The Database Of The Predicts (Projecting Responses Of Ecological Diversity In Changing Terrestrial Systems) Project, Lawrence N. Hudson, Tim Newbold, Sara Contu, Samantha L.L. Hill, Igor Lysenko, Adriana De Palma, Helen R.P. Phillips, Tamera I. Alhusseini, Felicity E. Bedford, Dominic J. Bennett, Hollie Booth, Victoria J. Burton, Charlotte W.T. Chng, Argyrios Choimes, David L.P. Correia, Julie Day, Susy Echeverría-Londoño, Susan R. Emerson, Di Gao, Morgan Garon, Michelle L.K. Harrison, Daniel J. Ingram, Martin Jung, Victoria Kemp, Lucinda Kirkpatrick, Callum D. Martin, Yuan Pan, Gwilym D. Pask-Hale, Edwin L. Pynegar, Alexandra N. Robinson, Katia Sanchez-Ortiz, Rebecca A. Senior, Christopher A. Williams

Geography

The PREDICTS project—Projecting Responses of Ecological Diversity In Changing Terrestrial Systems (www.predicts.org.uk)—has collated from published studies a large, reasonably representative database of comparable samples of biodiversity from multiple sites that differ in the nature or intensity of human impacts relating to land use. We have used this evidence base to develop global and regional statistical models of how local biodiversity responds to these measures. We describe and make freely available this 2016 release of the database, containing more than 3.2 million records sampled at over 26,000 locations and representing over 47,000 species. We outline how the database can help in …

Hydraulic And Thermal Response To Intermittent Pumping In Unconfined Alluvial Aquifers Along A Regulated Stream, Madan Maharjan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Groundwater response to stream stage fluctuations was studied using a year-long time series of stream stage and well heads in Glen Dale and New Martinsville, WV. Stream stage fluctuations exerted primary control over groundwater levels, especially during high flows. The location and operation of river pools created by dams alter groundwater flow paths and velocities. Aquifers are more prone to surface water infiltration in the upper reaches of pools than in lower reaches. Aquifer diffusivity is heterogeneous within and between the two sites.;Temperature fluctuations were observed for 2.5 years in 14 wells in three alluvial aquifers. Temperature signals have 2 …

The Impact Of Diffuse Large B-Cell Lymphoma On Primary Care And Costs Of Chronic Conditions In Elderly Medicare Beneficiaries, Rahul Garg

Graduate Theses, Dissertations, and Problem Reports (ETD)

Diffuse Large B-Cell Lymphoma (DLBCL) is an aggressive form of Non-Hodgkin's lymphoma with a median age of diagnosis of 67 years. The intensive treatment of DLBCL can negatively influence elderly patients' preventive and chronic care, which can increase the costs of different chronic conditions. DLBCL diagnosis and treatment can affect patients' visits to their primary care providers (PCPs) and other specialists, which are important for patients' preventive screenings and chronic care. Further, having DLBCL increases the risk for breast cancer, and DLBCL treatment is associated with cardiotoxicity and increases the risk of osteoporosis and fractures. Thus, mammography and bone mineral …

Developing An Operational Model Of Sustainable Recreation: A Qualitative Study Of Usda Forest Service Southwestern Region National Forests, Jeremy A. Golston

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis describes a qualitative investigation of the implementation of the Southwestern Strategy for Sustainable Recreation. Its purpose is to elaborate an operational model of sustainable recreation management. Eleven forest-level public land outdoor recreation management programs in the Southwestern Region of the USDA Forest Service developed five-year sustainable recreation action-plans in 2015 under the guidance of the Regional strategy. The purpose of this case-study research is to investigate how individual national forest-level recreation programs in the Southwestern Region operationalized sustainable recreation during the study time frame.;The grounded theory research approach applied in this research study reveals empirical knowledge about how …

A Chronicle Of Economic Botany, James P. Smith Jr

Botanical Studies

No abstract provided.

Identification Of Snps Potentially Associated With Asthma Using A Di-Isocyanate Luciferase Reporter Assay, Wentao Jiang

Graduate Theses, Dissertations, and Problem Reports (ETD)

Occupational Asthma (OA) is a common lung disorder that can be caused or aggravated by exposures and conditions in the work places. Di-isocyanate asthma (DA) is one type of OA. Despite years of research, there are no reliable markers to predict risk or susceptibility for DA. Previous studies have identified 23 candidate single nucleotide polymorphisms (SNPs) that are potentially associated with genes that are related with DA. In this study, we tested the functional relevance of the 23 candidate SNPs (mostly intronic) in several DA-related genes. We hypothesized that some of these SNPs may affect the binding of relevant transcription …

A System Dynamic Transmission Model (Systrans) To Simulate Epidemic Dengue Environment, Rifat Anwar

Graduate Theses, Dissertations, and Problem Reports (ETD)

Dengue is the most significant arthropod-borne virus in terms of human morbidity and mortality. Geographic expansion of dengue and intensity of outbreak has amplified significantly during the last few decades. Thus, the understanding of the dynamic of the large outbreaks has become indispensable for planning of control interventions in future epidemics. In this regard, local entomological, meteorological and epidemiological parameters based dengue models can be an essential tool for better interpretation of dengue-climate relationship at a regional scale. Process based modelling is resourceful in combining the vector and host dynamic along with the response to the meteorological factors for dengue …

Eigenvector Centrality: Illustrations Supporting The Utility Of Extracting More Than One Eigenvector To Obtain Additional Insights Into Networks And Interdependent Structures, Dawn Iacobucci, Rebecca Mcbride, Deidre L. Popovich

University Faculty Publications and Creative Works

Among the many centrality indices used to detect structures of actors’ positions in networks is the use of the first eigenvector of an adjacency matrix that captures the connections among the actors. This research considers the seeming pervasive current practice of using only the first eigenvector. It is shows that, as in other statistical applications of eigenvectors, subsequent vectors can also contain illuminating information. Several small examples, and Freeman’s EIES network, are used to illustrate that while the first eigenvector is certainly informative, the second (and subsequent) eigenvector(s) can also be equally tractable and informative.

Cannabinoid Withdrawal Produces Altered Somatic And Emotionality-Related Behavior In Mice, Kristen R. Trexler

Graduate Theses, Dissertations, and Problem Reports (ETD)

Cannabis sativa is the most commonly abused illicit drug in the United States. An estimated 9 percent of those who use cannabis will develop some level of cannabinoid use disorder (CUD). Although behavioral therapy has some success in treating CUD, many users still relapse. Moreover, there are no FDA approved pharmacological treatments available to complement behavioral therapy. The need for appropriate treatments highlights the need for nonhuman animal models to test target compounds. The current study aimed to (1) evaluate the MAGL inhibitor JZL184 as a possible treatment for cannabinoid withdrawal, and (2) to develop a spontaneous model of cannabinoid …

The Constitutional Rights Of Corporations In The United States, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

A Literature Review Of The Effects Of Home And Commercial Processing Methods On Nutritional And Sensory Properties Of Green Beans (Phaseolus Vulgaris), Emily Hope Bauman

Graduate Theses, Dissertations, and Problem Reports (ETD)

A comprehensive review of current literature was conducted to investigate nutrient retention, texture and color during processing and storage of green beans. Consumers do not take into consideration of the effects of processing and storage on the nutritional and sensory quality of the green beans. Freezing and canning are the main processing methods used to extend the shelf-life of green beans. Both frozen and canned green beans are blanched during processing. Green beans are either frozen after blanching or for canning undergo additional thermal processing. Ascorbic acid was found to remain stable after steam blanching at 90°C for 3.5 minutes. …

The Effect Of A Pettlep Imagery Intervention-Based Pre-Performance Routine On Golfer's Short-Game Performance, Logan Baughman

College of Graduate Studies: Theses & Dissertations

Studies have suggested that imagery has a positive effect on performance in a variety of sports. The PETTLEP model (Holmes and Collins, 2001) includes the seven minimum elements sport psychologists incorporate into their imagery scripts. The PETTLEP model is the most comprehensive imagery model, thus providing the most functional equivalence. Golf is the interest of this study, with research stating that imagery has an overall positive impact on golf performance (Nicholls & Polman, 2005). However, studies involving the PETTLEP model have not been investigated thoroughly. There are several shots that have not been studied with the PETTLEP model, therefore this …