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2020

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Global Solidarity, Global Worker Empowerment, And Global Strategy In The Anti-Sweatshop Movement, Matthew S. Williams Dec 2020

Global Solidarity, Global Worker Empowerment, And Global Strategy In The Anti-Sweatshop Movement, Matthew S. Williams

Sociology: Faculty Publications and Other Works

I explore the ideology of worker empowerment among U.S. anti-sweatshop activists, particularly United Students Against Sweatshops, and its strategic consequences for transnational campaigns. This ideology is central in shaping the movement’s transnational strategy and organization, fostering communication and accountability, particularly to organizations representing sweatshop workers. Such organizational choices, in turn, shape how transnational networks strategize. For example, the anti-sweatshop movement rarely uses the familiar tactic of boycotts, due to opposition from workers. The more empowered sweatshop workers in such networks, the more informed decisions their allies can make, and the more strategically effective the movement can be.


Ohio, Gregory W. Watts Dec 2020

Ohio, Gregory W. Watts

Texas A&M Journal of Property Law

In recent years, as a result of Ohio’s Utica shale boom, Ohio courts have confronted the issue of how to apply the Ohio Marketable Title Act. As with many statutes, there are generally two questions to answer: (1) does the particular statute apply to the particular facts of the case? and (2) if the statute applies in the first instance, how does a court apply the statute to the particular facts of the case?


Oklahoma, Mark D. Christiansen Dec 2020

Oklahoma, Mark D. Christiansen

Texas A&M Journal of Property Law

In Naylor Farms, Inc. v. Chaparral Energy, LLC, the plaintiff royalty owners (collectively, Naylor Farms) contended that Chaparral systematically underpaid royalties on production from approximately 2,500 Oklahoma oil and gas wells by improperly deducting from royalty payments certain costs that the plaintiffs contended should have been borne solely by Chaparral under Oklahoma law. The district court granted Naylor Farms’ motion seeking certification of a class of royalty owners under Rule 23 of the Federal Rules of Civil Procedure. In the present proceedings, Chaparral has appealed the district court’s order granting class certification.


Oregon, Eric L. Martin Dec 2020

Oregon, Eric L. Martin

Texas A&M Journal of Property Law

Even though no oil and only a small quantity of natural gas is produced in Oregon, the Oregon Legislature enacted bans in 2019 on hydraulic fracturing until 2025 and on using Oregon’s territorial sea for oil and gas activities. Beyond that legislation, though, legal developments in Oregon this year concerning the oil and gas industry focused on downstream issues.


Pennsylvania--Recent Developments In Pennsylvania Jurisprudence Related To Oil And Gas Leasing And Conveyancing, Ross Pifer Dec 2020

Pennsylvania--Recent Developments In Pennsylvania Jurisprudence Related To Oil And Gas Leasing And Conveyancing, Ross Pifer

Texas A&M Journal of Property Law

Pennsylvania is the largest producer of shale gas in the United States and is the second-largest natural gas-producing state overall. Owing to its strategic location atop the Marcellus and Utica Shale Formations, Pennsylvania’s position as a major natural gas producer is relatively new. Just a little over a decade ago, Pennsylvania ranked sixteenth among states in total natural gas production. With this rapid rise in the amount of natural gas development, there has been a corresponding increase in activity in courtrooms across Pennsylvania—both in state and federal courts. As a result, Pennsylvania oil and gas law has evolved within a …


Utah, Mark Burghardt Dec 2020

Utah, Mark Burghardt

Texas A&M Journal of Property Law

Oil and gas production continues to be an important sector of Utah’s economy. Following a 25% loss in production between 2014 and 2015, Utah’s production continues to slowly rebound. Crude oil production in 2019 appears to be slightly ahead of 2018 production. Monthly production averages slightly over three million barrels, placing Utah among the top ten states in crude oil production. Along with the continuing increase in production, the state’s legal framework governing oil and gas continues to develop.

This Article examines recent changes in Utah statutes and regulations along with new case law developments involving the oil and gas …


Determining The Molecular Events Underlying The Role Of Estradiol In Mediating Sex Differences In Cocaine Reward., Saurabh Sanjeev Kokane Dec 2020

Determining The Molecular Events Underlying The Role Of Estradiol In Mediating Sex Differences In Cocaine Reward., Saurabh Sanjeev Kokane

Psychology Dissertations - Archive

Research has demonstrated that women rapidly progress from recreational cocaine use to dependence, consume greater quantities of cocaine, experience more positive subjective effects of cocaine and have higher incidences of relapse during abstinence. These effects have been well replicated in animal models of cocaine addiction and indicate an enhanced sensitivity and therefore, vulnerability of females to cocaine addiction. This increased vulnerability of women and female animals to cocaine addiction has been attributed to enhanced cocaine reward. Furthermore, it has been demonstrated that the female hormone estradiol (E2) is a key mediator of the aforementioned effects of cocaine in women and …


Judicial Voting In U.S. District Courts Located In The Second And Fifth Circuits In First Amendment Retaliation Cases Involving Law Enforcement Officers, Selena Renee Aguirre Dec 2020

Judicial Voting In U.S. District Courts Located In The Second And Fifth Circuits In First Amendment Retaliation Cases Involving Law Enforcement Officers, Selena Renee Aguirre

Criminology & Criminal Justice Theses - Archive

This study examined the influence of party affiliation, as measured by the party of the appointing president; legal precedent; judicial circuit (Second or Fifth); race; gender; and prior prosecutorial experience on voting by U.S. District Court judges in First Amendment retaliation cases brought law enforcement officials against their employers. Applying binary logistic regression analyses to a data set comprised of 163 judicial votes with pro-plaintiff and pro-defendant voting serving as the dependent measure, the results indicated that only judges’ party affiliation had a significant effect on voting (Wald= 4.469, 1 df., p= .035) president. There was a .437 decrease in …


Circumventing The Crime Victims' Rights Act: A Critical Analysis Of The Eleventh Circuit's Decision Upholding Jeffrey Epstein's Secret Non-Prosecution Agreement, Paul Cassell, Jordan Peck, Bradley Edwards Dec 2020

Circumventing The Crime Victims' Rights Act: A Critical Analysis Of The Eleventh Circuit's Decision Upholding Jeffrey Epstein's Secret Non-Prosecution Agreement, Paul Cassell, Jordan Peck, Bradley Edwards

Utah Law Faculty Scholarship

Whether crime victims have rights before formal criminal charges are filed has recently come to the fore in one of the most publicized criminal cases in recent memory. For more than twelve years, victims of Jeffrey Epstein’s sex trafficking organization have attempted to invalidate a non-prosecution agreement (NPA) entered between Epstein and federal prosecutors. The victims have argued that because prosecutors deliberately concealed the NPA from them, the prosecutors violated the federal Crime Victim’s Rights Act (CVRA). On April 14, 2020, a divided panel of the Eleventh Circuit entered a surprising ruling, rejecting the victims’ argument. The panel refused to …


Antitrust And Competition Issues, Jorge L. Contreras Dec 2020

Antitrust And Competition Issues, Jorge L. Contreras

Utah Law Faculty Scholarship

This Chapter offers a broad overview of the impact of U.S. antitrust laws on IP licensing and transactions. A basic understanding of antitrust law is critical to the analysis of IP licensing arrangements, whether concerning patents, copyrights or trademarks. This chapter offers a summary of the antitrust doctrines that arise frequently in IP and technology-focused transactions — price fixing and market allocation, resale price maintenance, tying, monopolization, refusals to deal, standard setting and pay-for-delay settlements, with coverage of the major cases and enforcement agency guidance. Antitrust issues also play a role in the analysis of joint ventures, which are discussed …


Federata Dhe Konfederata, Vanesa Rexhepi Dec 2020

Federata Dhe Konfederata, Vanesa Rexhepi

Theses and Dissertations

Procesi i formimit të shtetit si organizate shoqërore ka filluar që në fazën e diferencimeve brenda shoqërisë falë shfaqjes së tepricës në shoqërinë jo-klasore, pra rritja e forcave prodhuese, që ka rezultuar me fillimin e dallimeve pronësore dhe dallime të tjera të cilat pasojnë në bazë të kësaj. Në këtë kohë veq se fillon dekomponimi i shoqërisë jo-klasore, i elementeve të organizimit të ri të shoqërisë duke e quar në fillimin e lindjes së shtetit. Në këtë punim tema e cila do të trajtohet në vijim ka të bëj kryesisht me trajtën e rregullimit të shtetit ku si pike kryesore …


Family Law By The Numbers: The Story That Casebooks Tell, Laura T. Kessler Dec 2020

Family Law By The Numbers: The Story That Casebooks Tell, Laura T. Kessler

Utah Law Faculty Scholarship

This Article presents the findings of a content analysis of 86 family law casebooks published in the United States from 1960 to 2019. Its purpose is to critically assess the discipline of family law with the aim of informing our understandings of family law’s history and exposing its ideological foundations and consequences. Although legal thinkers have written several intellectual histories of family law, this is the first quantitative look at the field.

The study finds that coverage of marriage and divorce in family law casebooks has decreased by almost half relative to other topics since the 1960s. In contrast, pages …


The New United Nations High Seas Treaty: A Primer, Robin Kundis Craig Dec 2020

The New United Nations High Seas Treaty: A Primer, Robin Kundis Craig

Utah Law Faculty Scholarship

This short Insights piece provides an introductory overview to the United Nations' developing Biodiversity Beyond National Jurisdiction (BBNJ) treaty, which would add a Protocol to the United Nations Convention on the Law of the Sea to allow for biodiversity protections (marine protected areas) in the high seas.


Owner Sex And Human–Canine Interactions At The Park, Shelly Volsche, Elizabeth Johnson, Bianca Reyes, Cecelia Rumsey, Kayla Murai, Deisy Landeros Dec 2020

Owner Sex And Human–Canine Interactions At The Park, Shelly Volsche, Elizabeth Johnson, Bianca Reyes, Cecelia Rumsey, Kayla Murai, Deisy Landeros

Anthropology Faculty Publications and Presentations

The purpose of this exploratory study was to investigate if and what types of differences exist between men and women when interacting with their dogs in a “natural” setting. In the case of this study, we defined “natural” as visiting a public park with their dog. To do this, we completed a series of 10-minute focal follows (n = 177) on human–canine dyads at local leashed and off-leash dog parks from December 2018 to March 2019. Data collection included counting incidences of 14 specific interactions (i.e., “baby talks to dog” or “scolds/speaks harshly to dog”), observable demographics (sex of …


Road Map Generation And Feature Extraction Algorithms From Gps Trajectories And Trajectories Data Warehousing, Tariq Alsahfi Dec 2020

Road Map Generation And Feature Extraction Algorithms From Gps Trajectories And Trajectories Data Warehousing, Tariq Alsahfi

Computer Science and Engineering Dissertations - Archive

Advanced technologies in location acquisition allow us to track the movement of moving objects (people, planes, vehicles, animals, ships, ..) in geographical space. These technologies generate a vast amount of trajectory data (TD). Several applica- tions in different fields can utilize such trajectory data, for example, traffic control management, social behavior analysis, wildlife migrations and movements, ship tra- jectories, shoppers behavior in a mall, facial nerve trajectory, location-based services (LBS) and many others. Fortunately, there are now many trajectory data sets avail- able that collected from moving objects such as cars with enabled GPS devices. Two main challenges arise when …


Migratory Birds And The Administrative State, David A. Strauss Dec 2020

Migratory Birds And The Administrative State, David A. Strauss

University of Chicago Law Review

Solid Waste Agency of Northern Cook County v United States Army Corps of Engineers,1 a case in which Judge Diane Wood wrote the opinion for a unanimous Seventh Circuit panel, addressed important questions about both the Commerce Clause and the Clean Water Act2 (CWA). The Supreme Court reversed the Seventh Circuit’s decision by a vote of five to four. To read the Supreme Court’s majority opinion side by side with Judge Wood’s is to see a contrast that does not, to put it mildly, make the Supreme Court look good. Judge Wood’s opinion is lucid, careful, and measured; …


Death As Divorce For The Abandoned Spouse: Davis V Combes And The Cautious And Gender-Sensitive Judiciary, Saul Levmore Dec 2020

Death As Divorce For The Abandoned Spouse: Davis V Combes And The Cautious And Gender-Sensitive Judiciary, Saul Levmore

University of Chicago Law Review

No abstract provided.


Colorado--The Changing Landscape Of Land Use Law And Regulations Impacting The Colorado Oil And Gas Industry: From The Colorado Oil And Gas Conservation Act Of 1951 To Senate Bill 181 Of 2019, Ralph A. Cantafio Dec 2020

Colorado--The Changing Landscape Of Land Use Law And Regulations Impacting The Colorado Oil And Gas Industry: From The Colorado Oil And Gas Conservation Act Of 1951 To Senate Bill 181 Of 2019, Ralph A. Cantafio

Texas A&M Journal of Property Law

When Colorado Democratic Governor Jared Polis approved Senate Bill 181, this new law significantly redirected the historical focus of Colorado oil and gas regulation. This provided a significant delegation of land use related authority to local government for the first time since the passage of this Act in 1951. This new law moved away from the traditional notion of statewide regulation based upon exclusive jurisdiction by the Colorado Oil and Gas Conservation Commission (“COGCC”). While this change of legislative focus is significant, this latest direction is probably a natural continuation of a general trend that has been emerging in Colorado …


North Dakota--Dealing With Dubious Contracts For Conveying Land Statute Of Limitations Or Reformation For Mutual Mistake?, William P. Pearce Dec 2020

North Dakota--Dealing With Dubious Contracts For Conveying Land Statute Of Limitations Or Reformation For Mutual Mistake?, William P. Pearce

Texas A&M Journal of Property Law

The topic of this Article arose from a recent opinion by the North Dakota Supreme Court: Western Energy Corporation v. Stauffer. The case dealt with how the law handles changes in ownership of property, specifically land including underlying mineral interests, that come into dispute after substantial periods of time have passed, resulting in a need for the parties involved in the dispute to turn to the courts for a solution. The passing of a substantial amount of time often becomes the issue in resolving the dispute in these types of situations.

The opening paragraph in the Court’s opinion in Western …


Life, Character , Action, Mansour Baalbaki, Stephanie Broy Dec 2020

Life, Character , Action, Mansour Baalbaki, Stephanie Broy

Goal 4: Intrapersonal Intelligence Narrative

Purpose: Transitioning to IMSA is a time of new choices, responsibility, and freedom. As a result, sometimes, students’ intentions are not always the best for the individual or the situation. Throughout the IMSA experience, students are caught in the middle of the new community’s values in which they live. Students internalize what they see their peers and role models doing and decide how to live their own lives. Every interaction that students have during their IMSA years affects how they see themselves and how they see others—helping students understand why character matters will allow them to value kindness, cooperation, sharing, …


An Unfair Cross Section: Federal Jurisdiction For Indian Country Crimes Dismantles Jury Community Conscience, Alana Paris Dec 2020

An Unfair Cross Section: Federal Jurisdiction For Indian Country Crimes Dismantles Jury Community Conscience, Alana Paris

Northwestern Journal of Law & Social Policy

Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the right to adjudicate all serious crimes committed by one American Indian against another American Indian or non-Indian within Indian country. American Indian defendants under …


How Does How We Learn Influence What We Learn And From Whom We Learn: The Case Of Igen, Twitter, Bts Army, And Learning With Technology, Yuliya Dmitriyevna Goss Dec 2020

How Does How We Learn Influence What We Learn And From Whom We Learn: The Case Of Igen, Twitter, Bts Army, And Learning With Technology, Yuliya Dmitriyevna Goss

Dissertations and Theses

Digital information is omnipresent, and access is almost unavoidable. Technology advances and comes at us in waves that take over and then tend to linger. iGen is the first generation to be born into this advanced technology and the state of constant “plugged-inness” to the Internet. iGen has not experienced a different, predominantly analog, world, but baby boomers, generation X, and millennials – many of whom now use Internet-connected technology heavily – can attest to how they have changed as it integrated into their lives. Along with many other areas of life, learning has also changed with technological progress. From …


Autonomous Health Movements: Criminalization, De-Medicalization, And Community-Based Direct Action, Naomi Braine Dec 2020

Autonomous Health Movements: Criminalization, De-Medicalization, And Community-Based Direct Action, Naomi Braine

Publications and Research

This paper proposes the concept of autonomous health movements, drawing on an analysis of harm reduction in the United States and self-managed abortion globally. Harm reduction and self-managed abortion appear in the professional literature largely as evidenced-based public health strategies, more than as social movements. However, each began at the margins of the law as a form of direct action developed by activists anchored in social justice movements and working in community contexts independent of both state and institutional control according to a human rights perspective of bodily integrity and autonomy. An analysis of the history and dynamics of harm …


Current Sex Offender Laws: Are They Doing More Harm Than Good?, Gail Onderak Dec 2020

Current Sex Offender Laws: Are They Doing More Harm Than Good?, Gail Onderak

Counselor Education Capstones

Public sentiment toward sex offenders is that of hatred, contempt, and fear. These attitudes have led to the creation of sex offender legislation that is exceptionally restrictive and punitive. While best practices and current treatment models call for minimization of risk and maximization of personal fulfillment in order to reduce recidivism, sex offender laws pose as obstacles to these goals. A review of the risk-need-responsivity (RNR) principles and the Good Lives Model (GLM) treatment approach highlights the contrast between intended outcomes of these methods and the challenges that sex offender notification and registration (SORN) and residency restrictions present when trying …


Evaluation Of In Situ Bioremediation Of 1, 4-Dioxane Under Aerobic And Anaerobic Conditions, Angel Alejandro Ramos Garcia Dec 2020

Evaluation Of In Situ Bioremediation Of 1, 4-Dioxane Under Aerobic And Anaerobic Conditions, Angel Alejandro Ramos Garcia

All Dissertations

1,4-Dioxane is a widely distributed contaminant within the U.S. along with chlorinated solvents, specifically 1,1,1-trichloroethane (1,1,1-TCA) and other compounds. Due to its apparent recalcitrance and carcinogenicity, it is a contaminant that has raised considerable concerns because of its potential adverse effects on health. The physical and chemical properties and behavior of 1,4-dioxane create challenges for its characterization and treatment. It is highly mobile and does not readily biodegrade in the environment. Therefore, remediation for 1,4-dioxane has gained an increasing importance. The current leading technologies for remediation are energy and chemically intensive and ineffective for mass removal, whereas in situ bioremediation …


The Quest For The Optimal Surgical Management Of Tricuspid Valve Endocarditis In The Current Era: A Narrative Review, Francesco Nappi, Cristiano Spadaccio, Christos Mihos, Kasra Shaikhrezai, Christophe Acar, Marc R. Moon Dec 2020

The Quest For The Optimal Surgical Management Of Tricuspid Valve Endocarditis In The Current Era: A Narrative Review, Francesco Nappi, Cristiano Spadaccio, Christos Mihos, Kasra Shaikhrezai, Christophe Acar, Marc R. Moon

Open Access Publications

Tricuspid valve endocarditis (TVE) is a growing concern with increasing rates and mortality burden. The currently changing etiology, the antibiotic resistance and the raise in iatrogenic causes as with implantable cardiac devices [cardiac implantable electronic device (CIED)], represent a challenge for the management of these patients. The progressively widespread use of CIEDs is adding to the more commonly known intravenous (IV) drug abuse in the list of causes. Treatment strategies include medical therapy alone or surgery. From the surgical standpoint tricuspid valve repair, replacement or the staged procedure of valvectomy as bridge to replacement are available options. Treatment of endocarditis …


Military Life Narratives And Identity Development Among Black Post-9/11 Veterans, Deon Marcell Hall Dec 2020

Military Life Narratives And Identity Development Among Black Post-9/11 Veterans, Deon Marcell Hall

Dissertations

The purpose of this study was to examine the phenomenological experience of veteran identity development in post-9/11 veterans who identify within the Black diaspora. Given that current research suggests that behavioral health providers lack the sufficient training necessary to meet the unique clinical needs of post-9/11 veterans, this study aimed to examine military culture and experience in the context of intersecting cultural identities so as to more effectively frame the services offered by counseling psychologists working with Black military veterans and service members. More specifically, this study strengthens the existing empirical framework for addressing the behavioral health needs of post-9/11 …


Contemplative Pedagogy: A Grounded Theory Of The Integration Of Contemplative Practices And Perspectives Within Counselor Training, Clarissa B. Cigrand Dec 2020

Contemplative Pedagogy: A Grounded Theory Of The Integration Of Contemplative Practices And Perspectives Within Counselor Training, Clarissa B. Cigrand

Dissertations

While there is a growing evidence on the value of contemplative practice within counselor preparation (Christopher & Maris, 2010; Leppma & Young, 2016; McCollum & Gehart, 2010), research to date has focused on studying specific contemplative practices and their benefits to clients and CITs rather than guidelines of implementation. As a field, we are lacking information on how contemplative practice informs pedagogical strategies and approaches. Scant research exists on how contemplative practices and perspectives inform the roles of counselor educators, their way of being in the classroom, and how they situate contemplative practices and perspectives into student learning. This dissertation …


Grounded Theory Of Intellectual Humility For 6th-12th Mathematics Teaching, Catherine Nicole Carter Dec 2020

Grounded Theory Of Intellectual Humility For 6th-12th Mathematics Teaching, Catherine Nicole Carter

Dissertations

Carter, Catherine Nicole. Grounded Theory of Intellectual Humility for 6th-12th Mathematics Teaching. Published Doctor of Education dissertation, University of Northern Colorado, 2020. Intellectual humility is an intellectual virtue where humility and the pursuit of epistemic goods intersect. As of this dissertation being written, intellectual humility had been studied in psychology and philosophy, but not from the perspective of the teacher in 6th-12th grade mathematics. Hence, this Grounded Theory study sought to develop a theory for intellectual humility while teaching 6th-12th mathematics. This study was guided by research questions focused on beliefs teachers held while practicing and characteristics of intellectual humility …


Non-Emergency Utilization Of Ems: Contributing Factors And Strategies To Promote Effective Care With Appropriate Resources, Jason Jones Dec 2020

Non-Emergency Utilization Of Ems: Contributing Factors And Strategies To Promote Effective Care With Appropriate Resources, Jason Jones

Capstone Experience: Master of Public Health

Non-emergency use of EMS resources can impose a substantial burden on emergency response systems and the communities they serve by reducing the response capacity for time-sensitive and life-threatening situations and through the subsequent diversion of funding that could be used to more effectively address health disparities. National EMS response data suggest that a large proportion of EMS patient encounters are for non-emergent reasons. Despite being a nation-wide issue, inadequate research has been conducted to understand why non-emergency and frequent use occurs and what strategies may be effective in mitigating avoidable use. Community paramedicine (CP), an emerging specialty in EMS that …