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Kangaroo Manufacturing V. Amazon.Com, District Of Arizona

Historical and Topical Legal Documents

No abstract provided.

A Historical Perspective On Lp Marketing And Payola In 1962: The Case Of Robby And The Troubadours, Kalman Sheppard Fagan

Electronic Theses and Dissertations 2010 - 2019

The music industry in 1962 reflected the political turmoil of the times. Dinner and dancing was a popular pastime. The music Americans heard and enjoyed over the airways was limited, however, by payola. Program directors adhered to criteria that supported the corporate fiscal model of their radio stations. Songs needed to attract listeners and major advertisers. Payola typically involved direct payments from major record labels to disc jockeys and the rewards were lucrative. Record labels fed them songs to play and disc jockeys became loyal to the payments. Thus, payola became a bottleneck to broader distribution of other artists, which …

Forgiveness: An Ordered Pluralism, Miranda Fricker

Publications and Research

No abstract provided.

Evaluation Of The Palatability And Toxicity Of Candidate Baits And Toxicants For Mongooses (Herpestes Auropunctatus), Robert T. Sugihara, William C. Pitt, Are R. Berentsen, Cynthia G. Payne

United States Department of Agriculture Wildlife Services: Staff Publications

The small Indian mongoose (Herpestes auropunctatus) is an invasive pest species responsible for damage to native avian, reptile, and amphibian species on Hawaii, Croatia, Mauritius, and several Caribbean Islands, among other regions.Mongoose control has been pursued through a variety of means, with varying success. One toxicant, diphacinone, has been shown to be effective in mongooses and is co-labeled in a rodenticide bait for mongoose control in Hawaii; however, preliminary observations indicate low performance as a mongoose toxicant due likely to poor consumption. We evaluated the efficacy and palatability of 10 commercial rodenticide baits, technical diphacinone powder, and two …

Precedent And Constitutional Structure, Randy J. Kozel

Journal Articles

The Constitution does not talk about precedent, at least not explicitly, but several of its features suggest a place for deference to prior decisions. It isolates the judicial function and insulates federal courts from official and electoral control, promoting a vision of impersonality and continuity. It charges courts with applying a charter that is vague and ambiguous in important respects. And it was enacted at a time when prominent thinkers were already discussing the use of precedent to channel judicial discretion. Taken in combination, these features make deference to precedent a sound inference from the Constitution’s structure, text, and historical …

Revisiting Seminole Rock, Jeffrey A. Pojanowski

Journal Articles

The rule that reviewing courts must defer to agencies’ interpretations of their own regulations has come under scrutiny in recent years. Critics contend that this doctrine, often associated with the 1997 Supreme Court decision Auer v. Robbins, violates the separation of powers, gives agencies perverse regulatory incentives, and undermines the judiciary’s duty to say what the law is.
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/="/">This essay offers a different argument as to why Auer is literally and prosaically bad law. Auer deference appears to be grounded on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock. A closer look at …

A Conceptual Model For The Integration Of Social And Ecological Information To Understand Human-Wildlife Interactions, Stacy A. Lischka, Tara L. Teel, Heather E. Johnson, Sarah E. Reed, Stewart Breck, Andrew Don Carlos, Kevin R. Crooks

United States Department of Agriculture Wildlife Services: Staff Publications

There is growing recognition that interdisciplinary approaches that account for both ecological and social processes are necessary to successfully address human-wildlife interactions. However, such approaches are hindered by challenges in aligning data types, communicating across disciplines, and applying social science information to conservation actions. To meet these challenges, we propose a conceptual model that adopts a social-ecological systems approach and integrates social and ecological theory to identify the multiple, nested levels of influence on both human and animal behavior. By accounting for a diverse array of influences and feedback mechanisms between social and ecological systems, this model fulfills a need …

Seasonal Variation In Preference Dictates Space Use In An Invasive Generalist, Kelsey E. Paolini, Bronson K. Strickland, Jessica L. Tegt, Kurt C. Vercauteren, Garrett M. Street

United States Department of Agriculture Wildlife Services: Staff Publications

The spatiotemporal distribution of resources is a critical component of realized animal distributions.

In agricultural landscapes, space use by generalist consumers is influenced by ephemeral resource availability that may produce behavioral differences across agricultural seasons, resulting in economic and production consequences and increased human-wildlife conflict. Our objective was to assess changes in habitat selection across seasons in an invasive generalist omnivore (feral pigs, Sus scrofa). Hypothesizing that pig space use is primarily driven by forage availability, we predicted strong selection for the most nutritionally beneficial crops and resource types as agricultural seasons progressed. We deployed GPS collars on 13 …

Claiming Design, Mark P. Mckenna

Journal Articles

Design stands out among intellectual property subject matter in terms of the extent of overlapping protection available. Different forms of intellectual property usually protect different aspects of a product. In the design context, however, precisely the same features are often subject to design patent, trademark, and copyright protection-and parties commonly claim more than one of those forms. Yet, as we show, the claiming regimes of these three forms of design protection differ in significant ways: the timing of claims; claim format (particularly whether the claims are visual or verbal); the multiplicity of claims (whether and how one can make multiple …

Post-Accountability Accountability, Nicole Stelle Garnett

Journal Articles

Over the past few decades, parental choice has exploded in the United States. Yet, despite early proponents’ hopes that parental choice would eliminate the need to regulate school quality—since parents’ choices would serve an accountability function—demands to use the law to hold chosen schools accountable for their academic performance are central features of education-reform debates today. This is an opportune time to consider the issue of academic accountability and parental choice. Parental choice has gained a firm foothold in the American educational landscape. As it continues to expand, debates about accountability for chosen schools will only intensify. The questions of …

Why Federal Courts Apply The Law Of Nations Even Though It Is Not The Supreme Law Of The Land, Anthony J. Bellia Jr., Bradford R. Clark

Journal Articles

We are grateful to the judges and scholars who participated in this Symposium examining our book, The Law of Nations and the United States Constitution. One of our goals in writing this book was to reinvigorate and advance the debate over the role of customary international law in U.S. courts. The papers in this Symposium advance this debate by deepening understandings of how the Constitution interacts with customary international law. Our goal in this Article is to address two questions raised by this Symposium that go to the heart of the status of the law of nations under the Constitution. …

Sharing An Environment With Sick Conspecifics Alters Odors Of Healthy Animals, Stephanie S. Gervasi, Maryanne Opiekun, Talia Martin, Gary K. Beauchamp, Bruce A. Kimball

United States Department of Agriculture Wildlife Services: Staff Publications

Body odors change with health status and the odors of sick animals can induce avoidance behaviors in healthy conspecifics. Exposure to sickness odors might also alter the physiology of healthy conspecifics and modify the odors they produce. We hypothesized that exposure to odors of sick (but non-infectious) animals would alter the odors of healthy cagemates. To induce sickness, we injected mice with a bacterial endotoxin, lipopolysaccharide. We used behavioral odor discrimination assays and analytical chemistry techniques followed by predictive classification modeling to ask about differences in volatile odorants produced by two types of healthy mice: those cohoused with healthy conspecifics …

Human–Black Bear Conflicts, Carl W. Lackey, Stewart W. Breck, Brian F. Wakeling, Bryant White

United States Department of Agriculture Wildlife Services: Staff Publications

Most human–black bear (Ursus americanus) conflict occurs when people make anthropogenic foods like garbage, dog food, domestic poultry, or fruit trees available to bears. Bears change their behavior to take advantage of these resources and may damage property or cause public safety concerns in the process. Managers are often forced to focus efforts on reactive non-lethal and lethal bear management techniques to solve immediate problems, which do little to address root causes of human–bear conflict. As long as bears find easy access to garbage, bird feeders, urban fruit trees, and other food subsidies, conflicts are likely to continue. …

Striking Gold - The Case Of The Shropshire Piano, Geoffrey Bennett

Journal Articles

In the more than twenty years since the [Great Britain] Treasure Act 1996 entered into force, there have been many dramatic discoveries of treasure. The media frequently reports the results of remarkable finds, usually made by metal detectorists in infields and open spaces. A unique, not to say bizarre, example, however, is the discovery of a cache of gold coins found concealed in a piano in Shropshire in 2016. It makes the point that the old law of treasure trove still has a twilight existence in circumstances that are prone to recur.

Regularizing The Trust Protector, Paul B. Miller

Journal Articles

Increasingly, settlors of trusts in on-shore jurisdictions are making use of trust protectors. Protectors serve a variety of functions but generally speaking they are appointed to provide additional security for settlors’ expectations that trusts will be administered in accordance with their intentions. Given the potential breadth and variety of functions performed and powers wielded by protectors, their use generates important and profound theoretical issues. Taking its cues from recent efforts to regularize trust protection, this essay addresses questions concerning the extension of fiduciary duties to trust protectors. Amongst other things, it questions the tenability of proposals for broad extension of …

A Novel Role Of The Ankyrin-Binding Motif Of L1-Type Cam Neuroglian In Nuclear Import And Transcriptional Regulation Of Myc, Priyanka P. Kakad

Electronic Theses and Dissertations 2010 - 2019

L1-type cell adhesion molecule (L1CAM) plays an essential role in the development of nervous system and is also highly relevant for the progression of diseases such as Alzheimer’s disease, stroke and cancers, some of the leading causes of human mortality. In addition to its canonical role as a plasma membrane protein organizing the cytoskeleton, recent in vitro studies have revealed that transmembrane as well as cytosolic fragments of proteolytically cleaved vertebrate L1CAM translocate to the nucleus and regulate expression of genes involved in DNA post-replication repair, cell cycle control, migration and differentiation. However, little is known about the in vivo …

A Zooarchaeological Perspective Of West Kendall Tree Island Site (8da1081), Ryan Steeves

Electronic Theses and Dissertations 2010 - 2019

The West Kendall Tree Island site (8DA1081) is a black dirt midden situated on the northeast end of an everglades tree island. The site has been intensely disturbed by excavation pits, particularly on the highest elevations of the site, and becomes increasingly disturbed by a growing Kendall population. Faunal remains recovered in 2008 are examined to reconstruct past ecological habitats, comparing the faunal composition to tree island sites within the Florida Everglades. Based upon identifications, the composition of the site is similar to those of the region, being comprised primarily of freshwater aquatic species and aquatic reptiles, with minimal selection …

“Odd Apocalyptic Panics”: Chthonic Storytelling In Margaret Atwood’S Maddaddam, Ashley Frances Nugent

Electronic Theses and Dissertations 2010 - 2019

I argue that Margaret Atwood’s work in MaddAddam is about survival; it is about moving beyond preconceived, thoughtless ideology of any form with creative kinship. Cooperation and engagement cannot be planned in advance, and must take the form of something more than pre-established ideology. I will discuss MaddAddam in light of Donna Haraway’s recent work in which she argues that multispecies acknowledgement and collaboration are essential if humans are to survive and thrive in the coming centuries. By bringing the two texts into dialogue, one sees that Atwood’s novel constitutes the kind of story deemed necessary by Haraway for making …

Aggregation Inhibition And Detection Of Alzheimer’S Amyloidogenic And Oligomeric Peptides, Esmail A E Elbassal

Electronic Theses and Dissertations 2010 - 2019

Protein aggregation, oligomer and fibril formation is one of the dominant characteristics in the pathogenesis of a number of neurodegenerative diseases, such as Alzheimer’s disease (AD). Inhibition of toxic oligomer and fibril formation is one of the approaches to find potential drug candidates for AD. Additionally, early diagnosis of these amyloid species can provide mechanistic understanding of protein aggregation and thus can pave the way for preventing the onset of AD. The aim of this dissertation was 1) to explore the effects of charged cholesterol derivatives on the aggregation kinetic behavior of Amyloid-β40 (Aβ40), 2) to probe Aβ40 oligomer and …

An Examination Of The Demographic, Social, And Environmental Predictors Of Risk For Schizophrenia In Afro-Caribbean Immigrants Living In The United States, Sandra Gall-Ojurongbe

Electronic Theses and Dissertations 2010 - 2019

The pioneering work of Ödegaard (1932) was the first to link migration and schizophrenia by reporting rates in Norwegian immigrants in Minnesota as twice that of native Minnesotans and of Norwegians in Norway. However, only in recent decades has an interest in migration and schizophrenia been rekindled as a result of reports of elevated rates of schizophrenia in Afro-Caribbean immigrants in the United Kingdom in the mid- 1960s (Hutchinson & Haasen, 2004). Later studies reported elevated rates in secondgeneration Afro-Caribbean immigrants compared to first-generation (Harrison, Owens, Holton, Neilson, & Boot, 1988). In the United States, Blacks were diagnosed with schizophrenia …

An Investigation Of Kindergarten Teachers’ Attitudes, Knowledge, And Reported Practices Regarding Teacher Leadership In The State Of Kuwait, Bashayer Aleisa

Electronic Theses and Dissertations 2010 - 2019

This study aimed to investigate the attitudes, knowledge, and practices of Kuwaiti kindergarten teachers regarding their leadership roles in the classroom and schools within the State of Kuwait. This study was conducted using a mixed methods research design whereby both quantitative and qualitative data were collected and analyzed simultaneously. The qualitative sample included 56 kindergarten teachers and twelve heads of departments selected from 12 kindergarten schools from all six school districts in the State of Kuwait. The quantitative sample included 560 volunteer participants who completed a survey that measures teachers’ values, practices, and their perspectives on school culture regarding teacher …

Backtalk: Visual Language And The Representation Of Black Women, Cathy Charles

Electronic Theses and Dissertations 2010 - 2019

For years, black women have endured the mainstream stereotypes of the Mammy, the Jezebel, and the Sapphire. Backtalk is a conversation about black women using their own language translated into a graphic visual language. It examines ways in which black women are active agents in the social scripting of their own identities. Their complexity is visualized using a formal semiotic system based on their individual descriptions. This new visual language allows black women to deconstruct the limiting categorizations mainstream culture allows them, freeing participants from category-based expectations.

Cgmp/Pkg-Regulated Mechanisms Of Protection From Low Oxygen And Oxidative Stress, Olena Mahneva

Electronic Theses and Dissertations 2010 - 2019

Stroke is one of the leading causes of human death in the United States. The debilitating effects of an ischemic stroke are due to the fact that mammalian neurons are highly susceptible to hypoxia and subsequent oxygen reperfusion. From studies in Drosophila melanogaster, cGMP-dependent Protein Kinase (PKG) enzyme is thought to affect anoxia tolerance by modifying the electrical current through potassium ion channels. In this research, two animal models were employed: Drosophila melanogaster and mammalian neurons exposed to stroke-like conditions. First, in vivo studies using Drosophila were performed to further our knowledge about the differences between the naturally occurring variants …

Characterizing The Geometry Of A Random Point Cloud, Zachariah Tyree

Electronic Theses and Dissertations 2010 - 2019

This thesis is composed of three main parts. Each chapter is concerned with characterizing some properties of a random ensemble or stochastic process. The properties of interest and the methods for investigating them di er between chapters. We begin by establishing some asymptotic results regarding zeros of random harmonic mappings, a topic of much interest to mathematicians and astrophysicists alike. We introduce a new model of harmonic polynomials based on the so-called "Weyl ensemble" of random analytic polynomials. Building on the work of Li and Wei [28] we obtain precise asymptotics for the average number of zeros of this model. …

Control Of Mitochondrial Αb-Crystallin Function By Phosphorylation, Angie Posada

Electronic Theses and Dissertations 2010 - 2019

αB-crystallin is a small heat-shock chaperone protein (sHSP) required for the homeostasis of multiple tissues including eye lens, retina, heart and brain. Correspondingly, mutation or altered levels of αB-crystallin are associated with multiple degenerative diseases including cataract, retinal degeneration, cardiomyopathy and Lewy body disease. Based on its wide-ranging importance understanding the protective and homeostatic properties of α B-crystallin is critical for understanding degenerative diseases and could lead to the development of therapies to treat these diseases. αB-crystallin is localized to the mitochondria suggesting a direct effect on mitochondrial function. My thesis work has examined those molecular pathways required for translocation …

Development Of Crown Ether Nucleophilic Catalysts (Cencs) And Their Application In Rapid Fluorination Of Silicon For Pet Imaging & Diversification Reactions Of Γ-Silyl Allenyl Esters To All-Carbon Quaternary Stereogenic Centers, Susovan Jana

Electronic Theses and Dissertations 2010 - 2019

In this dissertation, we discuss the development of new phase transfer agents, which are capable of rapid fluorination of silicon. These are 18-C-6 derivatives containing a hydroxyl group in the side arm (podand), also known as C-pivot lariats. The syntheses of these lariats including several that have not been previously reported and their efficient purification are described. The synthesis route leads to a robust and generalized approach to obtain these lariats on the gram scale. These agents were initially designed for applications in positron emission tomography (PET). In this medical imaging modality, tracer agents containing silicon have found promising utility …

Earthquake Resistant Analysis For Design Of Bamboo Reinforced Housing, Guillermo Munoz

Electronic Theses and Dissertations 2010 - 2019

This study is directed to the application of bamboo as alternative material in civil construction. The study also extends to discuss the new applications of bamboo Angustifolia Kunth in construction, such as shear walls and bamboo boards. The investigation involved the following tasks: (a) Evaluation of physical and mechanical properties of bamboo Angustifolia Kunth; (b) Proposing a new type of joint (connection) using culms and natural coupling assembly which can be used in bamboo frame structures. Bamboo dowels are used to create a monolithic joint to support gravitational and lateral forces efficiently; (c) Evaluating the behavior of bamboo Angustifolia Kunth …

Evaluating Entheseal Changes From A Commingled And Fragmentary Population: Republic Groves, Jennifer K. Dewey

Electronic Theses and Dissertations 2010 - 2019

The most direct way available to modern day researchers to reconstruct individual and population level behavior is to analyze markers of activity from skeletal remains (Ruff et al., 2004). An analysis of the population at the Republic Groves site (8HR4) was conducted, using the entheseal change score system, the Coimbra method, developed by Henderson et al. (2015). This study examined the implication of analyzing a commingled and fragmentary population with this methodology. Reconstructing specific behavior cannot be done with this type of approach; however, entheseal changes can be compared to specific patterns of behavior for consistency. An atlatl was found …

Examining The Impact Of A Leadership Team’S Cognitive And Behavioral Agility On Student Achievement In Broward County Middle Schools, Shernette D. Grant

Electronic Theses and Dissertations 2010 - 2019

The extant literature on school leadership is bifurcated around the question: Are leaders important, or, is leadership important? Many who think leaders are important, do so because they believe the school’s tone, values, and aspirations start with “a” leader, the principal. However, there are those who believe leadership is not really about a single leader, but about a collective practice among people who work together, with a focus on accomplishing a shared goal. While leadership teams have been studied in a variety of contexts, little research is available on the cumulative effect of a school team’s ability to think collectively …

Ethnobotany In The Kailash Sacred Landscape, Nepal: Implications For Conservation Through Interactions Of Plants, People, Culture And Geography, Ripu Mardhan Kunwar

Electronic Theses and Dissertations 2010 - 2019

Little is known about the vegetation, forests, useful plants and their patterns of use at the gradients of climate, geography and culture in Baitadi and Darchula districts, far western Nepal. The interactions among plants-people-places were analyzed using data from phyto-sociological studies, community interviews, and literature. Ecological sampling, participant observation, semi-structured interviews, and informal discussions were held between February and September 2017. We compared plant collection, use and management of two culturally distinct groups (Baitadi and Darchula), who inhabit different physiographic regions, yet share the same ecological landscape, environmental resources and livelihood challenges. We hypothesized that the salient (visible, apparent and …