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2019

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The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power Jan 2019

The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power

Dalhousie Journal of Legal Studies

This article attempts to delineate the scope of a municipality’s legal power within the realm of environmental management. Part one of this article looks at the legal position of a municipal government in the Canadian constitutional framework. The authors note that municipalities are creatures of statute and their available powers are tightly prescribed by legislation. Part two of this article is a case study of the City of Toronto's efforts to manage pollution in the Great Lake region, particularly with respect to Lake Ontario. Despite the limits to a municipality’s power, the authors argue that many effective pollution prevention strategies …


Uab "Planner5d" V. Facebook, Inc., Northern District Of California Jan 2019

Uab "Planner5d" V. Facebook, Inc., Northern District Of California

Historical and Topical Legal Documents

No abstract provided.


Oberdorf V. Amazon, Third Circuit Court Of Appeals Jan 2019

Oberdorf V. Amazon, Third Circuit Court Of Appeals

Historical and Topical Legal Documents

No abstract provided.


Fameflynet V. Jasmine, Northern District Of Illinois Jan 2019

Fameflynet V. Jasmine, Northern District Of Illinois

Historical and Topical Legal Documents

No abstract provided.


Divino Group V. Google, Northern District Of California Jan 2019

Divino Group V. Google, Northern District Of California

Historical and Topical Legal Documents

No abstract provided.


Iot Forensics Curriculum: Is It A Myth Or Reality?, Bilge Karabacak, Kemal Aydin, Andy Igonor Jan 2019

Iot Forensics Curriculum: Is It A Myth Or Reality?, Bilge Karabacak, Kemal Aydin, Andy Igonor

All Faculty and Staff Scholarship

In this research paper, two questions are answered. The first question is "Should universities invest in the preparation of an IoT forensics curriculum?". The second question is "If the IoT forensics curriculum is worth investing in, what are the basic building steps in the development of an loT forensics curriculum?". To answer those questions, the authors conducted a comprehensive literature review spanning academia, the private sector, and non-profit organizations. The authors also performed semi-structured interviews with two experts from academia and the private sector. The results showed that because of the proliferation of IoT technology and the increasing number of …


A Data Mining Framework For Improving Student Outcomes On Step 1 Of The United States Medical Licensing Examination, James Clark Jan 2019

A Data Mining Framework For Improving Student Outcomes On Step 1 Of The United States Medical Licensing Examination, James Clark

CCAC Theses and Dissertations

Identifying the factors associated with medical students who fail Step 1 of the United States Medical Licensing Examination (USMLE) has been a focus of investigation for many years. Some researchers believe lower scores on the Medical Colleges Admissions Test (MCAT) are the sole factor used to identify failure. Other researchers believe lower course outcomes during the first two years of medical training are better indicators of failure. Yet, there are medical students who fail Step 1 of the USMLE who enter medical school with high MCAT scores, and conversely medical students with lower academic credentials who are expected to have …


Embellishing The Past: Fernando Del Pulgar And History At The Court Of The Catholic Monarchs, Bretton Rodriguez Jan 2019

Embellishing The Past: Fernando Del Pulgar And History At The Court Of The Catholic Monarchs, Bretton Rodriguez

Quidditas

Composed in the late fifteenth century, Fernando del Pulgar’s Crónica de los Reyes Católicos was the official account of – and therefore one of the best sources for – some of the most significant events in late medieval Spanish history. Within his narrative, Pulgar described the marriage of Isabel and Fernando (better known today as the Catholic Monarchs), the establishment of the Spanish Inquisition, and the buildup to the conquest of Granada. Despite the importance of the events that he described, as well as his own role as official historian, Pulgar revealed a radical understanding of history and history writing …


The World Of Miracles: Science, And Healing In Caesarius Of Heisterbach’S Dialogus Miraculorum (Ca.1240) In Competition With Magic, Albrecht Classen Jan 2019

The World Of Miracles: Science, And Healing In Caesarius Of Heisterbach’S Dialogus Miraculorum (Ca.1240) In Competition With Magic, Albrecht Classen

Quidditas

This paper offers a close reading of some of the miracle tales dedicated to the Virgin Mary as contained in Caesarius of Heisterbach’s Dialogus miraculorum (ca. 1240) in order to shed light on the fundamental narrative structures of this genre, the association between the narratives and their material background, and to build a case to argue that medieval miracle narratives actually shared much in common with the discourse on magic. After a critical examination of magic itself and its properties as imagined or realized in the Middle Ages, the analysis highlights the ‘miraculous’ or maybe even ‘magical’ features of Caesarius’s …


Front Matter Jan 2019

Front Matter

Quidditas

No abstract provided.


“We Are Perpetually Moralists:” Samuel Johnson And Renaissance Epistemology, Brandon Schneeberger Jan 2019

“We Are Perpetually Moralists:” Samuel Johnson And Renaissance Epistemology, Brandon Schneeberger

Quidditas

This article discusses how new Renaissance epistemological views shaped the important eighteenth-century critic Samuel Johnson. I argue that Johnson emphasizes conversation as an important element of epistemology, pushing against what was an over-emphasize on book learning perpetuated by educators such as Peter Ramus. The rise in print-culture led to a shift in epistemology, in which knowledge could be seen as linear, codified, or fixed. While Johnson works both within and against these new epistemological trends, I argue that his criticism of John Milton’s poetry can be appreciated more fully if Johnson’s own reservations about print culture are kept in mind. …


Sigma: Journal Of Political And International Studies Jan 2019

Sigma: Journal Of Political And International Studies

Sigma: Journal of Political and International Studies

No abstract provided.


Beyond Accuracy: Rethinking The Approach To Spanish Second Language Writing Through A Tutoring Intervention, Lisa Kuriscak Jan 2019

Beyond Accuracy: Rethinking The Approach To Spanish Second Language Writing Through A Tutoring Intervention, Lisa Kuriscak

Journal of Response to Writing

This study reports on a pedagogical intervention in Spanish second language writing classes designed to shift learners’ attention away from lower-order concerns (e.g., morphosyntax) and toward higher-order concerns (e.g., content, tone, organization of ideas) through the support of a Spanish writing fellow (tutor) who worked with the 300-level college participants. Those in the treatment group, but not those in the control group, were required to meet with the tutor. Multivariate analyses revealed that (a) learners in both groups improved in their writing from the graded rough drafts to the final versions, and (b) some gains were observed in the treatment …


Beyond Posters And Powerpoints: A Case For Authentic Multimodal Writing In The 21st-Century Ela Classroom, Amber Jensen Jan 2019

Beyond Posters And Powerpoints: A Case For Authentic Multimodal Writing In The 21st-Century Ela Classroom, Amber Jensen

The Utah English Journal

When I graduated from high school in 2001, my classmates and I were delighted to be the first graduates of a new century. Ushering in the twenty-first century evoked glittering promises of new and faster technologies, networked global communication, and a wide array of professional possibilities. When I entered my first classroom as a high school English teacher in 2004, however, I noticed that not much about the classroom or the curriculum had changed: I taught many of the same classic novels I had read in high school, I assigned the same kinds of writing tasks I had written as …


A Precious Resource With Some Gaps, Jeffrey Dean Lindsay Jan 2019

A Precious Resource With Some Gaps, Jeffrey Dean Lindsay

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

The publication of high-resolution documents and carefully prepared transcripts related to the origins of the Book of Abraham in The Joseph Smith Papers, Revelations and Translations, Volume 4: Book of Abraham and Related Manuscripts is a remarkable achievement that can help students of Church history and of the Book of Abraham explore many aspects of that volume of scripture for themselves. The book, especially when coupled with the resources and advanced interface of the Joseph Smith Papers website, will provide lasting value for scholars, students, and anyone wishing to better understand the Book of Abraham and its complex origins. However, …


How To Get The Attention Of Government Officials: A Test Of The Effectiveness Of Social Proof Treatments, Aubriana Wolferts Jan 2019

How To Get The Attention Of Government Officials: A Test Of The Effectiveness Of Social Proof Treatments, Aubriana Wolferts

Sigma: Journal of Political and International Studies

No abstract provided.


Shazer: An Etymological Proposal In Narrative Context, Matthew L. Bowen Jan 2019

Shazer: An Etymological Proposal In Narrative Context, Matthew L. Bowen

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

In 1 Nephi 16:13–14, Nephi mentions the name Shazer as a toponym the Lehite clan bestowed on a site in western Arabia “four days” journey south-southeast of the valley of Laman. The Lehites used this site as a base camp for a major hunting expedition. A footnote to the first mention of the name Shazer in the 1981 and 2013 Latter-day Saint editions of the Book of Mormon has virtually enshrined “twisting, intertwining” as the presumed meaning of this toponym. However, the structure of Nephi’s text in 1 Nephi 16:12–13 suggests that the name Shazer serves as the bracketing for …


The Costs Of Creating Environmental Markets: A Commodification Primer, Michael Pappas, Victor B. Flatt Jan 2019

The Costs Of Creating Environmental Markets: A Commodification Primer, Michael Pappas, Victor B. Flatt

Publications

No abstract provided.


The Left's Law-And-Order Agenda, Aya Gruber Jan 2019

The Left's Law-And-Order Agenda, Aya Gruber

Publications

No abstract provided.


The Uses And Abuses Of The Government's Tools Of Information Control, Helen Norton Jan 2019

The Uses And Abuses Of The Government's Tools Of Information Control, Helen Norton

Publications

No abstract provided.


Mandatory Disclosure In Primary Markets, Andrew A. Schwartz Jan 2019

Mandatory Disclosure In Primary Markets, Andrew A. Schwartz

Publications

Mandatory disclosure—the idea that companies must be legally required to disclose certain, specified information to public investors—is the first principle of modern securities law. Despite the high costs it imposes, mandatory disclosure has been well defended by legal scholars on two theoretical grounds: ‘Agency costs’ and ‘information underproduction.’ While these two concepts are a good fit for secondary markets (where investors trade securities with one another), this Article shows that they are largely irrelevant in the context of primary markets (where companies offer securities directly to investors). The surprising result is that primary offerings—such as an IPO—may not require mandatory …


The Statutory Separation Of Powers, Sharon B. Jacobs Jan 2019

The Statutory Separation Of Powers, Sharon B. Jacobs

Publications

Separation of powers forms the backbone of our constitutional democracy. But it also operates as an underappreciated structural principle in subconstitutional domains. This Article argues that Congress constructs statutory schemes of separation, checks, and balances through its delegations to administrative agencies. Like its constitutional counterpart, the “statutory separation of powers” seeks to prevent the dominance of factions and ensure policy stability. But separating and balancing statutory authority is a delicate business: the optimal balance is difficult to calibrate ex ante, the balance is unstable, and there are risks that executive agencies in particular might seek expansion of their authority vis-à-vis …


Binary Governance: Lessons From The Gdpr’S Approach To Algorithmic Accountability, Margot E. Kaminski Jan 2019

Binary Governance: Lessons From The Gdpr’S Approach To Algorithmic Accountability, Margot E. Kaminski

Publications

Algorithms are now used to make significant decisions about individuals, from credit determinations to hiring and firing. But they are largely unregulated under U.S. law. A quickly growing literature has split on how to address algorithmic decision-making, with individual rights and accountability to nonexpert stakeholders and to the public at the crux of the debate. In this Article, I make the case for why both individual rights and public- and stakeholder-facing accountability are not just goods in and of themselves but crucial components of effective governance. Only individual rights can fully address dignitary and justificatory concerns behind calls for regulating …


Keynote: The Protection Of Lgbt Youth, Craig Konnoth Jan 2019

Keynote: The Protection Of Lgbt Youth, Craig Konnoth

Publications

This keynote contains three parts. Part I addresses the intersection of two metaphors: medicine and childhood in LGBT Rights. Part II addresses the state regulation of LGBT youth. Part III offers Professor Konnoth's concluding remarks on the protection of LGBT youth.


No Longer A Second-Class Class Action? Finding Common Ground In The Debate Over Wage Collective Actions With Best Practices For Litigation And Adjudication, Scott A. Moss, Nantiya Ruan Jan 2019

No Longer A Second-Class Class Action? Finding Common Ground In The Debate Over Wage Collective Actions With Best Practices For Litigation And Adjudication, Scott A. Moss, Nantiya Ruan

Publications

Rule 23 class actions include all potential members, if granted certification. For wage claims, 29 U.S.C. § 216(b) allows not class but collective actions covering only those opting in. Courts have practiced Rule 23-style gatekeeping in collective actions – requiring certification motions, which they deny if members lack enough commonality. Our 2012 article argued against this practice. No statute or rule grants judges the § 216(b) gatekeeping power early cases assumed, and with good reason: opt-in reduces the agency problems justifying Rule 23 gatekeeping; and Congress passed § 216(b) as not a stricter, opt-in form of class action, but liberalized …


Reddit As An Analogy For Scholarly Publishing And The Constructed, Contextual Nature Of Authority, Anna M. White Jan 2019

Reddit As An Analogy For Scholarly Publishing And The Constructed, Contextual Nature Of Authority, Anna M. White

Communications in Information Literacy

This paper provides an overview of how the social news site Reddit can be used as an example of the ACRL Framework for Information Literacy for Higher Education threshold concept “Authority is Constructed and Contextual.” It posits that the construction and context of authority in the sense of Wilson’s concept of cognitive authority is in the inherent structure of Reddit and that students can benefit from an example that easily links their personal and academic lives—a connection not always made when discussing authority in peer-reviewed publications or databases.


A Biochemical Nickel(I) State Supports Nucleophilic Alkyl Addition: A Roadmap For Methyl Reactivity In Acetyl Coenzyme A Synthase, A. C. Manesis, B. W. Musselman, Breena C. Keegan, Jason M. Shearer, N. Lehnert, H. S. Shafaat Jan 2019

A Biochemical Nickel(I) State Supports Nucleophilic Alkyl Addition: A Roadmap For Methyl Reactivity In Acetyl Coenzyme A Synthase, A. C. Manesis, B. W. Musselman, Breena C. Keegan, Jason M. Shearer, N. Lehnert, H. S. Shafaat

Chemistry Faculty Research

Nickel-containing enzymes such as methyl coenzyme M reductase (MCR) and carbon monoxide dehydrogenase/acetyl coenzyme A synthase (CODH/ACS) play a critical role in global energy conversion reactions, with significant contributions to carbon-centered processes. These enzymes are implied to cycle through a series of nickel-based organometallic intermediates during catalysis, though identification of these intermediates remains challenging. In this work, we have developed and characterized a nickel-containing metalloprotein that models the methyl-bound organometallic intermediates proposed in the native enzymes. Using a nickel(I)-substituted azurin mutant, we demonstrate that alkyl binding occurs via nucleophilic addition of methyl iodide as a methyl donor. The paramagnetic Ni …


Where Should I Publish? A Library Handout For Researchers, Elsevier Jan 2019

Where Should I Publish? A Library Handout For Researchers, Elsevier

Copyright, Fair Use, Scholarly Communication, etc.

5 warning signs of a predatory journal

7 essential questions to ask when evaluating a journal

Checklist to determine whether a journal is reputable

Tools to find journals based on various selection criteria

By reviewing and applying the dos and don’ts within these pages, you will increase the likelihood of publishing in the right journal for your work. Identifying the right title isn’t easy. In addition to using this guide, consider booking a consultation with a librarian to help you identify and apply your selection criteria.


Light And Perspective: Essays From The Mormon Theology Seminar On 1 Nephi 1 And Jacob 7, Kevin Christensen Jan 2019

Light And Perspective: Essays From The Mormon Theology Seminar On 1 Nephi 1 And Jacob 7, Kevin Christensen

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

The Mormon Theology Seminar has produced two volumes of essays exploring 1 Nephi 1 on Lehi’s initial visions, and Jacob 7 on the encounter with Sherem. These essays provide valuable insights from a range of perspectives and raise questions for further discussion both of issues raised and regarding different paradigms in which scholars operate that readers must navigate.


Review: Jonathan A. Stapley. The Power Of Godliness: Mormon Liturgy And Cosmology. New York: Oxford University Press, 2018., Matthew Bowman Jan 2019

Review: Jonathan A. Stapley. The Power Of Godliness: Mormon Liturgy And Cosmology. New York: Oxford University Press, 2018., Matthew Bowman

Mormon Studies Review

Jonathan Stapley’s new book is only 129 pages of text, but it feels much longer. This is not, happily, because the prose slogs. Rather it is one of those books that makes every word count. There is no fluff here, only finely sanded insight after insight, with all redundancy polished away. Stapley’s strengths are twofold. First, his archival work is unparalleled. For every assertion he has an anecdote. He meticulously marks fine nuances in opinion among his subjects, and those subjects are as frequently obscure figures like Steven Markham, John Steele, or Margaret Anderton as they are more familiar Mormons …