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2017

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How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of “A Condition Analogous To That Of A Slave” In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad Dec 2017

How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of “A Condition Analogous To That Of A Slave” In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

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Development Beyond Seventy: The Way Forward 1, Ishrat Husain Dr. Dec 2017

Development Beyond Seventy: The Way Forward 1, Ishrat Husain Dr.

Faculty Research - Talks, Speeches, & Discourse

To propose the way forward for Pakistan it is essential to understand the past historical pattern and outcomes and the factors that contributed to those outcomes. The goal that Pakistan has set itself for the future is to become 20th largest economy in the world by 2025. What are the influences that can facilitate or constrain the achievement of the proposed goal? Pakistan’s economic history has gone through periods of booms and busts . But broadly speaking, the seventy years of Pakistan’s economy can be divided into two distinct periods. The first forty years 1950-90 during which Pakistan was one …

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State V. Brackett Appellant's Brief Dckt. 45071 Dec 2017

State V. Brackett Appellant's Brief Dckt. 45071

Not Reported

No abstract provided.

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2017 December 5, Faculty Senate Minutes, State University Of New York At Cortland Dec 2017

2017 December 5, Faculty Senate Minutes, State University Of New York At Cortland

Minutes

Faculty Senate Minutes No. 6, December 5, 2017

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Cole V. State Respondent's Brief Dckt. 44952 Dec 2017

Cole V. State Respondent's Brief Dckt. 44952

Not Reported

No abstract provided.

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Handbook For New Actors In Space, Christopher D. Johnson Dec 2017

Handbook For New Actors In Space, Christopher D. Johnson

CSO 351 DB - Langston - Spring 2019

Driven by Cold War tensions between the US and the Soviet Union, the space race began almost 60 years ago. Each power was racing to accomplish new feats in space and demonstrate its superiority. In 2017, while much remains the same, much has changed. Space actors comprise a wide variety of national and non-governmental entities comprising diverse rationales, goals, and activities. More than 70 states, commercial companies, and international organizations currently operate more than 1,500 satellites in Earth orbit. Driven largely by the commoditization of space technology and the lowering of barriers to participation, the number of space actors is …

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Geological Framework Of The Continental Shelf Of South Carolina Winyah Bay: Paleodrainage, Transgressions And Essential Fish Habitat, Amanda Roach Dec 2017

Geological Framework Of The Continental Shelf Of South Carolina Winyah Bay: Paleodrainage, Transgressions And Essential Fish Habitat, Amanda Roach

Electronic Theses and Dissertations

A regional geophysical survey of the inner continental shelf off central South Carolina was completed on a cooperative cruise between NOAA and Coastal Carolina University in July 2015. An integrated mapping suite comprised of subbottom echosounder, side scan, multibeam and split beam sonars was used to define the regional geologic framework, including paleodrainage patterns across the shelf and to identify potential fish habitat locations that will provide additional inputs to a thematic habitat mapping routine developed by NOAA. Results from the thematic mapper characterization suggest that large-scale framework elements such as paleochannel networks may play a role in determining benthic …

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Canadian Federalism In Design And Practice: The Mechanics Of A Permanently Provisional Constitution, James A. Gardner Dec 2017

Canadian Federalism In Design And Practice: The Mechanics Of A Permanently Provisional Constitution, James A. Gardner

Journal Articles

This paper examines the interaction between constitutional design and practice through a case study of Canadian federalism. Focusing on the federal architecture of the Canadian Constitution, the paper examines how subnational units in Canada actually compete with the central government, emphasizing the concrete strategies and tactics they most commonly employ to get their way in confrontations with central authority. The evidence affirms that constitutional design and structure make an important difference in the tactics and tools available to subnational units in a federal system, but that design is not fully constraining: there is considerable evidence of extraconstitutional innovation and improvisation …

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The Parthenon, December 5, 2017, Jared Casto Dec 2017

The Parthenon, December 5, 2017, Jared Casto

The Parthenon

The Parthenon, Marshall University’s student newspaper, was published by students Monday through Friday during the regular semester and weekly on Thursdays during the summer. Due to budgetary constraints, beginning with the 2016 Fall semester, the newspaper is only published two days a week. Physical issues are printed on Tuesdays and Fridays. The editorial staff is responsible for the news and the editorial content.

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Primary Care Of Latino Patients In The United States: A Comparative Analysis Of Personal Experiences In Safety-Net Healthcare Organizations, Grant Douglas Tore Dec 2017

Primary Care Of Latino Patients In The United States: A Comparative Analysis Of Personal Experiences In Safety-Net Healthcare Organizations, Grant Douglas Tore

Senior Theses

This thesis aims to compare two types of healthcare organizations that compose the safety-net healthcare system in the United States with the utilization of both personal experiences and extensive research. The first are community health centers, which receive federal funding in order to serve specific populations with in their communities. In my experience, this population was migrant farmworkers, all who came to the United States legally with H2A visas. The second model is that of the free medical clinic, which operates on a volunteer/staff model, but receives no government funding. Serving primarily uninsured patients, free clinics such as the Good …

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Investigations Of Model-Free Sliding Mode Control Algorithms Including Application To Autonomous Quadrotor Flight, Eric Schulken Dec 2017

Investigations Of Model-Free Sliding Mode Control Algorithms Including Application To Autonomous Quadrotor Flight, Eric Schulken

Theses

Sliding mode control is a robust nonlinear control algorithm that has been used to implement tracking controllers for unmanned aircraft systems that are robust to modeling uncertainty and exogenous disturbances, thereby providing excellent performance for autonomous operation. A significant advance in the application of sliding mode control for unmanned aircraft systems would be adaptation of a model-free sliding mode control algorithm, since the most complex and time-consuming aspect of implementation of sliding mode control is the derivation of the control law with incorporation of the system model, a process required to be performed for each individual application of sliding mode …

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An Assessment Of Women Faculty Members' Opinions About Information Literacy Needs, Search And Evaluation Competencies, Vellaichamy Alagarsamy, Jeyshankar Ramalingam Dec 2017

An Assessment Of Women Faculty Members' Opinions About Information Literacy Needs, Search And Evaluation Competencies, Vellaichamy Alagarsamy, Jeyshankar Ramalingam

Library Philosophy and Practice (e-journal)

This paper reports information literacy needs, search and evaluation competencies at Mother Teresa Women’s University and its affiliated colleges. In this study it is try to evaluate the information literacy needs, information needs assessment competency and competency of information literacy evaluation. Questionnaire was a data collection tool. A total of 290 questionnaires were distributed among users and 254 duly filled in questionnaires were received, thus resulting into a response rate of 87.59 per cent. Out of 12 institutions, 5 are government, 5 are self-financing and 2 are aided educational institutions. This study showed that 163 (64.2%) respondents are assistant professors …

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Lost, But Found With Nile Red; A Novel Method To Detect And Quantify Small Microplastics (20 Μm–1 Mm) In Environmental Samples, Gabriel Erni-Cassola, Matthew I. Gibson, Richard C. Thompson, Joseph A. Christie-Oleza Dec 2017

Lost, But Found With Nile Red; A Novel Method To Detect And Quantify Small Microplastics (20 Μm–1 Mm) In Environmental Samples, Gabriel Erni-Cassola, Matthew I. Gibson, Richard C. Thompson, Joseph A. Christie-Oleza

School of Biological and Marine Sciences

No abstract provided.

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Schopenhauer’S Transcendental Problem, Alex Enescu Dec 2017

Schopenhauer’S Transcendental Problem, Alex Enescu

Agora

No abstract provided.

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United States V. Osage Wind, Llc, Summer Carmack Dec 2017

United States V. Osage Wind, Llc, Summer Carmack

Public Land & Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …

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Assessment Of The Effect Of Service-Learning In Nanoscience On Student's Depth Of Learning And Critical Thinking, Rebecca Cebulka, Enrique Del Barco Dec 2017

Assessment Of The Effect Of Service-Learning In Nanoscience On Student's Depth Of Learning And Critical Thinking, Rebecca Cebulka, Enrique Del Barco

PRISM: A Journal of Regional Engagement

Assessment of the Effect of Service-Learning in Nanoscience on Student’s Depth of Learning and Critical Thinking Depth of learning and critical thinking skills in a new Nanoscale Science and Technology course which incorporates service-learning was investigated in a sample of 12 undergraduate students at the University of Central Florida. Students were given a Nanoscience pre- and post-test, as well as asked to write two drafts of a final critical reflection at the end of the course. The overall learning of students was assessed, and results clearly show improvement between both pre- and post-tests and the draft and final versions of …

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Toward A Deeper Appreciation Of Participatory Epistemology In Community-Based Participatory Research, Karie Jo Peralta Dec 2017

Toward A Deeper Appreciation Of Participatory Epistemology In Community-Based Participatory Research, Karie Jo Peralta

PRISM: A Journal of Regional Engagement

The purpose of this article is to advance an understanding of a key philosophical underpinning that is necessary for projects to become authentically community-based, that is, an epistemology that is “participatory.” This theory of knowledge has critical importance for realizing Community-based Participatory Research (CBPR) in regions around the world. To demonstrate the significance of participatory epistemology in CBPR, this article examines and rethinks traditional CBPR approaches through a community-based lens, presents a critical understanding of the link between CBPR theory and practice, and offers a perspective to move beyond the typical theory-practice debate. The central message for future community-engaged scholars …

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Close Enough For Government Work: Proving Minimal Nexus In A Federal And Firearms Conviction: United States V. Corey, Barbara H. Taylor Dec 2017

Close Enough For Government Work: Proving Minimal Nexus In A Federal And Firearms Conviction: United States V. Corey, Barbara H. Taylor

Maine Law Review

In United States v. Corey, Alvin Scott Corey was found guilty of possessing a firearm as a felon. Although Corey's possession of a Smith and Wesson shotgun violated Maine law, Corey was prosecuted in the United States District Court under the federal statute 18 U.S.C. § 922(g)(1) and its penalty statute, § 924(e). On appeal, Corey argued that one of the requirements for his conviction, proof of the statute's jurisdictional element, had not been satisfied because that proof rested on expert testimony based, in part, on hearsay. The First Circuit Court of Appeals, in a split decision, affirmed Corey's conviction, …

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Protective Claims For Refund: Protecting The Interests Of Taxpayers And The Irs, Kristy M. Bowden Dec 2017

Protective Claims For Refund: Protecting The Interests Of Taxpayers And The Irs, Kristy M. Bowden

Maine Law Review

The Internal Revenue Code provides taxpayers wishing to claim a refund of an overpayment of taxes with a simple, straightforward provision setting forth a taxpayer's right to make such a claim. Additionally, regulations exist that provide for the procedure to be followed in order to claim a refund, further clarifying what is expected of the taxpayer. Unfortunately, not all situations that give rise to the right to claim a refund are so straightforward and simple. Taxpayers may find themselves in a situation that seems to have very little direct connection with tax, but may nonetheless result in significant tax consequences. …

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Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan Dec 2017

Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan

Maine Law Review

In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had …

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An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short Dec 2017

An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short

Maine Law Review

The emergence of technological advances has traditionally created new and unique legal problems. The solutions to counter these problems are often drawn from our legal traditions and adapted to an ever-modernizing world. However, as Professor Coase opined at the dawn of the communication technology revolution, “lawyers and economists should not be so overwhelmed by the emergence of new technologies as to change the existing legal and economic system without first making quite certain that this is required.” Examination and reflection, in other words, is paramount to instituting a sound legal framework to encompass developing legal problems in technology. This Article …

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Desperately Seeking Solutions: Using Implementation-Based Solutions For The Troubles Of Information Privacy In The Age Of Data Mining And The Internet Society, Tal Z. Zarsky Dec 2017

Desperately Seeking Solutions: Using Implementation-Based Solutions For The Troubles Of Information Privacy In The Age Of Data Mining And The Internet Society, Tal Z. Zarsky

Maine Law Review

Our personal information is constantly being recorded, stored and analyzed. Commercial entities watch our every action, storing this data and analyzing it in conjunction with information acquired from third parties. These entities use this knowledge to their benefit (and at times, our detriment) by discriminating between various customers on the basis of this personal information. At the same time, in the media market, large conglomerates can now provide specifically tailored content to individual customers on the basis of such data, thus potentially controlling their perspectives and impairing their autonomy. The expanding use of data mining applications, which enable vendors to …

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Tahoe-Sierra Preservation Council, Inc. V. Tahoe Regional Planning Agency: The Reemergence Of Penn Central And A Healthy Reluctance To Craft Per Se Regulatory Takings Rules, Philip R. Saucier Dec 2017

Tahoe-Sierra Preservation Council, Inc. V. Tahoe Regional Planning Agency: The Reemergence Of Penn Central And A Healthy Reluctance To Craft Per Se Regulatory Takings Rules, Philip R. Saucier

Maine Law Review

In Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, the Supreme Court held that a moratorium on development imposed during the process of devising a comprehensive land use plan did not constitute a per se taking of property requiring compensation under the Takings Clause of the United States Constitution. The scope of Tahoe-Sierra, and thus its ultimate impact on Supreme Court takings jurisprudence, had been severely narrowed and redefined by the courts since the landowners first alleged a taking over fifteen years before the issue was ultimately decided by the Supreme Court. It is important to note that this …

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Budzko V. One City Center Associates Limited Partnership: Maine's Unique Approach To Business Owners' Duty To Remove Ice And Snow, Jennifer A.W. Williams Dec 2017

Budzko V. One City Center Associates Limited Partnership: Maine's Unique Approach To Business Owners' Duty To Remove Ice And Snow, Jennifer A.W. Williams

Maine Law Review

In February 2001, the Maine Supreme Judicial Court, sitting as the Law Court, decided for the first time in Budzko v. One City Center Associates Limited Partnership, what duty of care a business landowner owes to business invitees regarding the accumulation of ice and snow during a storm. Terry Budzko slipped and fell as she was exiting One City Center, the building in which her employer leased office space. The steps had not been shoveled or sanded and a snowstorm had been progressing throughout the day. The Law Court, placing heavy reliance on the factor of foreseeability, held that “[b]usiness …

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Beyond The Reach Of States: The Dormant Commerce Clause, Extraterritorial State Regulation, And The Concerns Of Federalism, Peter C. Felmly Dec 2017

Beyond The Reach Of States: The Dormant Commerce Clause, Extraterritorial State Regulation, And The Concerns Of Federalism, Peter C. Felmly

Maine Law Review

The Commerce Clause of the United States Constitution provides that “[t]he Congress shall have Power ... [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Interpreting this explicit grant of power to Congress, the Supreme Court has long recognized the existence of an implied limitation on the power of a state to legislate in areas of interstate commerce when Congress has remained silent. Under what is referred to as the negative or “dormant” Commerce Clause, the federal courts have thus scrutinized state legislation for well over one hundred years. In the past several …

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Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand Dec 2017

Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand

Maine Law Review

On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the …

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Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon Dec 2017

Hiv And The Ada: What Is A Direct Threat?, Dawn-Marie Harmon

Maine Law Review

Anne, a surgical technician at a local hospital, recently learned that she was HIV-positive. She works in the emergency room and, as a part of her job, she hands surgical instruments to doctors performing emergency surgery. It is a fast paced and unpredictable environment. Her hands often come in contact with sharp instruments. Although Anne has never put her hands into a patient's body cavity, there is a remote possibility that she may need to do so in the future. There is always a possibility, however small, that she will cut herself and come into blood-to-blood contact with a doctor …

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Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz Dec 2017

Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz

Maine Law Review

Many states, including the State of Maine, take the position that they have, essentially, an infinite time within which to bring a civil action. The basis for the State's claim of immunity from statutes of limitations is the old English common law doctrine, “nullum tempus occurrit regi”-- literally, no time runs against the King--which purports to exempt the State from statutes of limitations of general applicability unless statutes expressly provide otherwise. There has not been a Maine Supreme Judicial Court (Law Court) opinion mentioning the nullum tempusdoctrine since 1955, but the doctrine continues to be actively asserted by the State …

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The Lawyer As A Public Citizen, Cruz Reynoso Dec 2017

The Lawyer As A Public Citizen, Cruz Reynoso

Maine Law Review

The Eleventh Annual Frank M. Coffin Lecture on Law and Public Service was held on October 17, 2002. Cruz Reynoso, Boochever and Bird Professor of Law at the University of California at Davis, School of Law and retired Associate Justice of the California Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law. The Board and Staff of Volume 55 are honored to continue the tradition of publishing …

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Articulated Racial Projects: Towards A Framework For Analyzing The Intersection Between Race And Neoliberalism In Higher Education, Jon S. Iftikar Dec 2017

Articulated Racial Projects: Towards A Framework For Analyzing The Intersection Between Race And Neoliberalism In Higher Education, Jon S. Iftikar

Journal of Critical Scholarship on Higher Education and Student Affairs

Scholars have been documenting the effects of neoliberal educational policies, practices, and ideologies on staff, faculty, and students of color in higher education. Their work has raised important conceptual questions about the relationship between neoliberalism and race: Has neoliberal hegemony brought about a significant rupture with previous racial regimes, or does the current racial-neoliberal formation in higher education represent a re-articulation, a recombination of pre-existing elements in new formations? Our ability to answer this question will aid in theory development and lead to new strategies for interventions. In this article, I argue that the intersection between race and neoliberalism should …

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