Digital Commons Network^™

Global Investor Protection: Securities Law Enforcement Around The World, Matthew Diller, Martin Gelter, Eugenio J. Cardenas, Merritt B. Fox, Geoffrey Jarvis, Pierre-Henri Conac, Todd Cosenza, Jill Fisch, Yuliya Guseva, Elad Roisman, Sean Griffith

Faculty Scholarship

Today's topic is a great one – one that is of central importance to the fairness of our markets and their integrity. The Securities and Exchange Commission (SEC) and the U.S. system of protecting the integrity of capital markets have long been seen as the gold standard. But does that continue to be true? Are there other systems and models that are, in fact, better than what we do here in the United States? We, of course, are filled with flaws and shortcomings of our own.

Coordinating Injunctions, Bert I. Huang

Faculty Scholarship

Consider this scenario: Two judges with parallel cases are each ready to issue an injunction. But their injunctions may clash, ordering incompatible actions by the defendant. Each judge has written an opinion justifying her own intended relief, but the need to avoid conflicting injunctions presses her to make a further choice – “Should I issue the injunction or should I stay it for now?” Each must make this decision in anticipation of what the other will do.

This Article analyzes such a judicial coordination problem, drawing on recent examples including the DACA cases and the “sanctuary cities” cases. It then …

Harassment, Workplace Culture, And The Power And Limits Of Law, Suzanne B. Goldberg

Faculty Scholarship

This article asks why it remains so difficult for employers to prevent and respond effectively to harassment, especially sexual harassment, and identifies promising points for legal intervention. It is sobering to consider social-science evidence of the myriad barriers to reporting sexual harassment – from the individual-level and interpersonal to those rooted in society at large. Most of these are out of reach for an employer but workplace culture stands out as a significant arena where employers have influence on whether harassment and other discriminatory behaviors are likely to thrive. Yet employers typically make choices in this area with attention to …

Wto Dispute Settlement And The Appellate Body Crisis: Insider Perceptions And Members’ Revealed Preferences, Matteo Fiorini, Bernard M. Hoekman, Petros C. Mavroidis, Maarja Saluste, Robert Wolfe

Faculty Scholarship

The WTO dispute settlement system is in crisis, following the decision of the United States to block new appointments to the Appellate Body (AB). The AB went into hibernation in December 2019, not having enough sitting members to be able to operate. What do WTO members think of the performance of WTO dispute settlement? How much do WTO members care about the existence and operation of an appeals mechanism? In this article, we report on the results of a survey of WTO Members’ perceptions of the AB and the role it plays (should play). We complement this with data on …

Systematizing The Use Of The Aspectual Distinction By Level Of Proficiency: A Case Of Spanish As A Heritage Language, Earl K. Brown, Laura Valentin-Rivera

Faculty Publications

The language of early bilingual Spanish-English speakers in the United States is often distinct from that of monolingually raised native speakers of Spanish. This study analyzes the usage of the aspectual distinction in the past tense among 23 early Spanish-English bilingual speakers and 9 monolingually raised native speakers of Mexican Spanish. The participants engaged in a role-play in order to elicit a past-tense verbal form, either preterite or imperfect, for 15 test items. The results show that as level of proficiency in Spanish increases, the level of consensus with the responses of the monolingually raised native speakers of Spanish increases. …

Table Of Contents

Georgia Law Review

No abstract provided.

Injunction Junction, What’S Your Function? Crafting Permanent Injunctions To Be Appropriate Remedies In Defamation Cases, James Netter

Georgia Law Review

When someone is liable for defamation, a court will
almost always levy monetary penalties against the
defamer. A rarely used penalty for defamation is the
imposition of a permanent injunction on the defaming
party that would prevent them from repeating their
defamatory content. Many courts see permanent
injunctions as an unconstitutional prior restraint on a
person’s right to speak, refusing to allow the
condemnation of a person’s speech before they have
spoken it. However, the common justifications for
denying permanent injunctions are weaker upon
reevaluation, particularly in the Internet age, and some
courts and legal scholars recognize that an injunction …

State Of The Unions: The Impact Of Janus On Public University Student Fees, Jonathan Kaufman

Georgia Law Review

In Janus v. American Federation of State, County,
and Municipal Employees, Council 31, the U.S.
Supreme Court overruled forty-one years of precedent
that had allowed public-sector unions to collect
agency-shop fees from nonmembers. The Court ruled this
mandatory fee collection unconstitutional as a violation
of nonmember First Amendment rights. This decision
may pose problems for other public entities, such as
public universities, who also collect mandatory fees that
support political speech.

Table Of Contents

Georgia Law Review

No abstract provided.

Juvenile Justice Reform In Georgia: A Collective Decisionmaking Approach To De-Politicize Crime And Punishment, The Honorable Steven Teske

Georgia Law Review

Since the creation of the first juvenile court in 1899, juvenile courts have undergone periods of transition in response to legislative enactments prompted by societal events or in response to legal challenges involving due process rights of children. This Article examines politics and the extent in which it played a role in shaping juvenile justice and crime policies and its impact on children and public safety. In this critical review of each period of transition, this Article concludes that the lack of success among juvenile justice agencies, including the courts, is predominately the result of the politicizing of crime and …

To Outgrow A Mockingbird: Confronting Our History—As Well As Our Fictions—About Indigent Defense In The Deep South, Sarah Gerwig-Moore

Georgia Law Review

To Kill a Mockingbird occupies a beloved space in law school classrooms and curricula, especially in its portrayal of Atticus Finch. Frequently held up as the model or “hero-lawyer,” Atticus’s character is powerful in fiction, but problematic in practice. His work is lauded, rather than scrutinized, despite his questionable ability to represent his client in life-or-death circumstances—specifically, a racially charged sexual assault case in the Deep South. Through considering examples of historical lawyers and texts which explore similar themes without the lens of fiction, those engaged in legal education and legal practice can and should look to others to study …

Chemical And Thermal Sintering Of Supported Metals With Emphasis On Cobalt Catalysts During Fischer−Tropsch Synthesis, Mahmood Rahmati, Mohammad-Saeed Safdari, Thomas H. Fletcher, Morris D. Argyle, Calvin H. Bartholomew

Faculty Publications

This comprehensive critical review combines, for the first time, recent advances in nanoscale surface chemistry, surface science, DFT, adsorption calorimetry, and in situ XRD and TEM to provide new insights into catalyst sintering. This work provides qualitative and quantitative estimates of the extent and rate of sintering as functions of nanocrystal (NC) size, temperature, and atmosphere. This review is unique in that besides summarizing important, useful data from previous studies, it also advances the field through addition of (i) improved or new models, (ii) new data summarized in original tables and figures, and (iii) new fundamental perspectives into sintering of …

Age-Related Changes In Speech And Voice: Spectral And Cepstral Measures, Christopher Dromey, Sammi Taylor, Shawn L. Nissen, Kristine Tanner, Dennis Eggett, Kim Corbin-Lewis

Faculty Publications

Purpose

This study examined differences in selected acoustic measures of speech and voice according to age and sex and across families.

Method

Participants included 169 individuals, 79 men and 90 women, from 18 families, ranging in age from 17 to 87 years. Participants reported no history of articulation disorders, stroke or active neurologic disease, or severe-to-profound hearing loss. They read aloud two passages to facilitate examination of the following speech and voice acoustic parameters: fricative spectral moments (center of gravity, standard deviation, skewness, and kurtosis), the proportion of time spent speaking, mean speaking fundamental frequency, semitone standard deviation (STSD), and …

Romantic Attachment Orientations, Financial Behaviors, And Life Outcomes Among Young Adults: A Mediating Analysis Of A College Cohort, Xiaomin Li, Melissa A. Curran, Ashley B. Lebaron

Faculty Publications

Guided by the Vulnerability-Adaption-Stress model (Karney and Bradbury 1995), we used data from 635 college-educated young adults to examine associations between romantic attachment orientations (i.e., attachment anxiety and attachment avoidance) and young adults’ life outcomes (i.e., financial satisfaction, life satisfaction, and relationship satisfaction; Aim 1). We also conducted a mediating model to examine indirect associations from romantic attachment orientations to life outcomes via young adult’s own financial behaviors and perceived partners’ financial behavior (i.e., each young adult’s perception of their partner’s financial behaviors; Aim 2). For Aim 1, high attachment anxiety and/or high attachment avoidance was associated with low life …

Resource Selection And Calving Success Of Moose In Colorado, Forest P. Hayes

Graduate Student Theses, Dissertations, & Professional Papers

Across much of North America, moose populations (Alces alces) are declining due to disease, predation, climate, and anthropogenic pressures. Despite this, populations of moose in Colorado have continued to grow. Studying successful (i.e., persistent or growing) populations of moose can facilitate the continued conservation of the species by identifying habitat features critical for moose persistence.

First, I evaluated calving success of moose in Colorado and the impact of willow habitat quality and nutrition. I then estimated the probability of female moose having a calf using repeated observations in a Bayesian occupancy model. I assigned values for dry matter …

Generating Peptide Mass Spectrometry Ground Truth Data, Jessica L. Henning, Rob Smith

Graduate Student Theses, Dissertations, & Professional Papers

Very few quantitative evaluations exist for precursor mass spectrometry data due to the lack of tools for enabling the manual feature finding necessary to generate this data. Other lacks the ability to capture, edit, save, and view precursor mass spectrometry data. We present JS-MS 2.0, a software suite that provides a dependency-free, browser-based, one click, cross-platform solution for creating precursor ground truth. The software retains the first version’s capacity for loading, viewing, and navigating MS1 data in 2- and 3-D, and adds tools for capturing, editing, saving and viewing isotopic envelope and extracted isotopic chromatogram features. The software can also …

A Chip Off The Old Rock: An Investigation Of Hunter-Gatherer Lithic Behavior At Site 48pa551 Using The Field Processing Model, Emma Lydia Vance

Graduate Student Theses, Dissertations, & Professional Papers

This research examines the lithic and raw material assemblage at site 48PA551, a McKean complex hunter-gatherer site in northwest Wyoming, through a lens of human behavioral ecology, central place foraging theory, and the field processing model. The identification of lithic technological patterns through this theoretical framework results in understanding the relationship between the landscape, hunter-gatherer behavior, and raw material procurement strategies in the region 4500 BP. The goal of this research is to identify economic decision making in reference to management of toolstone within the lithic assemblage uncovered at site 48PA551 during the 2018 field season. The expectation put forth …

Handing Down The Heritage: Preserving Irish Diasporic Identities In The Festival City Of Montana, Margaret Mary Walsh

Graduate Student Theses, Dissertations, & Professional Papers

Butte, Montana is a tough, historic industrial town in western Montana known for its mining, its Irish, and strangely, its festivals. The city boasts countless parades and community events each year for a variety of holidays as well as for showcases of traditions and ethnic pride. Three celebrations in particular, St. Patrick’s Day, Fourth of July, and An Rí Rá, attract visitors from all over the country – and world – who seek to experience the enthusiasm and splendor of these celebrations. So, what can these popular celebrations in Montana’s Festival City, Butte, reveal about the Irish community living there? …

A New Classification System For Analyzing Burned Human Remains, Amanda Noel Williams

Graduate Student Theses, Dissertations, & Professional Papers

Fatal fires produce a range of physical alterations to the body that can be studied and analyzed to interpret perimortem events. Currently, the forensic community lacks a consistent, objective, and detailed scale to describe burn injuries or patterns in a variety of settings and conditions. There is a need to create a scale based on quantitative experimental data (e.g. duration and temperature of fire) that provides insight into the nature of the fire and cause of injuries contributing to the condition of the remains.

Observations from four main fire environments were used in developing a new classification system for analyzing …

Ethical Eating: Overcoming Alienation In The Industrial Food System By Aligning Our Practices With Our Principles, André Kushnir

Graduate Student Theses, Dissertations, & Professional Papers

This thesis arose out of a moment of discord, while an environmental philosopher was eating blackberries in the middle of a blizzard in Missoula, Montana. What follows is an attempt to bridge the gap between our principles and our practices, by asking the questions: What does ethical eating look like? Is it possible within our current industrial food system? and If not, what needs to change? Responding to the publication of the 2019 EAT-Lancet report, this essay moves beyond thinking of ethical eating as “healthy” and “sustainable” and challenges the networks of suffering and labour that we take for …

Food Policy For A Healthy, Sustainable, And Equitable Local Food System: Recommendations For Missoula, Erika Berglund

Graduate Student Theses, Dissertations, & Professional Papers

Over the last several decades, food policy councils (FPCs) have led the effort to place food on local government policy agendas. While FPCs continue to make progress in supporting local food systems, they also face institutional and organizational challenges. In recent years, a handful of cities and counties have endeavored to further food system reform with the establishment of full-time food policy staff positions. Currently, there are 19 confirmed food policy positions housed in local governments across the U.S. While there is considerable literature on FPCs, little research has been published regarding governmental food policy staff positions. This study uses …

Alas, Poor Yorick: A Dna Analysis Of Ancestry Using Crania, Claire Hanson

Graduate Student Theses, Dissertations, & Professional Papers

Current methods for estimating ancestry in biological profiles provided to law enforcement and forensic collections rely heavily on the use of metric and non metric methods such as FORDISC 3.1 and “trait lists.” The reliance on these methods has led to inaccurate and ambiguous ancestry estimations, as many metric and non metric methods are subjective and cannot be statistically tested for error rates. As a result, forensic collections, such as the University of Montana Forensic Collection, could potentially house remains that have been inaccurately curated. In order to test the accuracy of curation in the UMFC, DNA samples were extracted …

Sing, Woman!, Emma Marie Spencer

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Belonging For Dementia Caregivers, Sabrina Singh

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Bird And Native Bee Responses To Habitat Treatments, Emily Bea Oja

Graduate Student Theses, Dissertations, & Professional Papers

As forests across the United States have been altered due to fire suppression in the last century, their structure has been altered, resulting in increased fuel loads. Subsequently, managers have been increasingly implementing habitat treatments including prescribed burning, mechanical thinning, and a combination of both treatments to reduce fuel loads and enhance habitat for ungulates. The Rocky Mountain Elk Foundation has partnered with agencies to complete over 10,000 of these treatments across the United States to enhance elk habitat. As treatment impacts to other wildlife species are not well understood, we evaluated the effects of these treatments on the bird …

Gvsu Undergraduate And Graduate Catalog, 2020-2021, Grand Valley State University

Course Catalogs, 1963 - Current

Grand Valley State University 2020-2021 undergraduate and graduate course catalog. Course catalogs are published annually to provide students with information and guidance for enrollment.

Modeling Hydrologic Impacts Of Tribal Water Rights Quantification And Settlement On The Flathead Indian Irrigation Project, Jordan Andrew Jimmie

Graduate Student Theses, Dissertations, & Professional Papers

The Confederated Salish and Kootenai Tribes (CSKT) of the Flathead Reservation are a federally-recognized group of tribes (Kootenai, Salish, and Pend d’Oreille) located in western Montana. On the reservation lies the expansive Flathead Indian Irrigation Project (FIIP), which supplies irrigation water to approximately 127,000 acres of tribal and non-tribal agricultural land. The 1904 Flathead Allotment Act opened “surplus” land to non-native homesteaders without tribal consent, initiating the land ownership fragmentation observed on the reservation today. This legacy, combined with historically unquantified tribal reserved water rights and the antiquated state of the FIIP infrastructure, including water losses from unlined earthen canals, …

Investigation Of Docosahexaenoic Acid As A Potential Treatment For Particulate-Induced Inflammation, Paige Lynn Fletcher

Graduate Student Theses, Dissertations, & Professional Papers

Acute and chronic inflammation are vital contributing factors to pulmonary diseases which can be triggered by the exposure to airborne toxicants such as crystalline silica (SiO2) and nanomaterials. There has been an increasing trend in the use of nanomaterials; specifically multi-walled carbon nanotubes (MWCNT), in various consumer products that in turn will increase the risk of pulmonary diseases. Unfortunately, there is a lack of preventative and therapeutic treatments for these diseases. A potential treatment that has been shown to have anti-inflammatory effects is the common dietary supplement docosahexaenoic acid (DHA); an omega-3 polyunsaturated fatty acid most commonly found in fish …

The Routledge Companion To Accounting In Emerging Economies, Leticia Camacho

Faculty Publications

Weetman (emer., Univ. of Edinburgh, UK) and Tsalavoutas (Univ. of Glasgow, UK) divide this book into four sections: "IFRS [International Financial Reporting Standards] in Emerging Economies," "The Accounting Profession in Emerging Economies," "Audit, Governance and Accountability," and "Researchers' Experiences and Reflection." The first section covers Brazil, Russia, China, Malaysia, and Vietnam and includes a chapter on the corporate reporting environment and IFRS adoption in eight South Asian Association for Regional Cooperation countries.

Solving Russian Velars: Palatalization, The Lexicon And Gradient Contrast Utilization, Jeffrey R. Parker, Andrea D. Sims

Faculty Publications

The complexity of an inflection class system is the average extent to which elements in the system inhibit motivated inferences about the realization of lexemes’ paradigm cells. Research shows that systems tend to exhibit relatively low complexity in this sense. However, representations of inflectional systems tend to include only affixal and regular patterns, leaving questions about how irregular patterns and non-affixal ‘layers’ of inflectional exponence affect the complexity of a system. We address these questions by exploring four layers of inflectional exponence of Russian nouns, including irregular patterns within each layer. Our data show that the Russian noun system exhibits …