Digital Commons Network^™

Private Facilitators Of Public Regulation: A Study Of The Environmental Consulting Industry, Dave Owen

Faculty Scholarship

Most accounts of businesses and regulators depict adversarial relationships. In these accounts, businesses typically seek to avoid or limit public regulation or, alternatively, to distort it so it serves private rather than public ends. This article uses a study of the environmental consulting industry to explore a different set of relationships between businesses and public regula- tion. These consultants generally work for for-profit companies, and they serve as regulatory intermediaries between busi- nesses and government. Those dual roles raise concerns that environmental consultants, like many other businesses, will seek to subvert regulatory schemes or will serve as instruments of regulatory …

Minimizing The Impact Of Cognitive Bias In Transactional Legal Education, Alina S. Ball

Faculty Scholarship

This Article explores methods law professors can employ to address the cognitive biases their law students possess. This Article provides concrete thoughts on how transactional law clinics can utilize the social, political, and neuroscience research included in this symposium edition.

Groundwater Recharge For A Regional Water Bank: Kern Water Bank, Kern County, California, Michael Kiparsky, Kathleen Miller, Phoebe Goulden, Anita Milman, Dave Owen

Faculty Scholarship

The Kern Water Bank is a semi-private groundwater bank operated by the Kern Water Bank Authority in Kern County, CA. The bank stores water from the State Water Project (SWP), Central Valley Project (CVP), and the Kern River. It is massive in scale, covering over 20,000 acres, with approximately 2.5 million acre feet diverted to the bank since 1995. The bank stores water on behalf of its member water agencies, which include both public and private water entities mainly focusing on agricultural use, along with a small number of municipal and residential customers. Water is withdrawn by the member agencies …

Wilderness Law In The Anthropocene: Purism Or Pragmatism, Phillipa C. Mccormack, Benjamin J. Richardson, David Takacs, Kees Bastmeijer

Faculty Scholarship

Wilderness is vanishing. Despite explicit legislative protection of wilderness values for over half a century, rapid environmental degradation worldwide in recent decades has severely diminished the extent and quality of terrestrial and marine wilderness to the point where we must reassess the fundamental premises and future of wilderness law. With increased human demands on the natural world, and with climate breakdown looming, the very notion of “wilderness” itself may one day be considered meaningless or irrelevant. We examine legal developments in the United States, Australia, and Europe to critically evaluate the state of wilderness law. In this Anthropocene era, when …

We Are The River, David Takacs

Faculty Scholarship

The New Zealand Parliament has recently granted the Whanganui River and the Te Urewera mountain ecosystem rights as legal persons, with a Māori governing board to speak for the nonhuman entities, based upon traditional cultural precepts. Far from an isolated precedent, in what the U.N. Secretary General calls “the fastest growing legal movement of the twenty-first century,” legislatures, courts, or voters in Australia, Colombia, Ecuador, Bangladesh, India, Uganda, and the U.S. have also declared that rivers and other living systems have legal rights. This Article chronicles the movement to grant nonhuman entities legal rights. I analyze the statutes and judicial …

Covid-19 Antibody Testing As A Precondition For Employment: Ethical And Legal Considerations, Sara Gerke, Gali Katznelson, Dorit R. Reiss, Carmel Shachar

Faculty Scholarship

Employers and governments are interested in the use of serological (antibody) testing to allow people to return to work before there is a vaccine for SARS-CoV-2. We articulate the preconditions needed for the implementation of antibody testing, including the role of the U.S. Food & Drug Administration.

Covid-19 And Regulating Vaccines, Dorit R. Reiss

Faculty Scholarship

No abstract provided.

Virtual Reality: Prospective Catalyst For Restorative Justice, Kate Bloch

Faculty Scholarship

A 2018 U.S. Department of Justice report assessing data from thirty states found that eighty-three percent of those individuals released from state prisons in 2005 were rearrested within nine years.** When a revolving door ushers five of six individuals back into custody and decimates communities, more effective approaches to criminal justice demand attention. In countries around the world, restorative justice has been emerging as a promising candidate. It generally involves an interactive process in which stakeholders identify and grapple with harms caused by the crime. But many environments lack the resources to invoke its benefits. While restorative justice takes various …

Differential Etiology: Inferring Specific Causation In The Law From Group Data In Science, Joseph Sanders, David L. Faigman, Peter B. Imrey, Philip Dawid

Faculty Scholarship

In every toxic-tort case, the plaintiff must prove that the defendant exposed the plaintiff to something that caused an injury. The causal proof is in two parts: proof of general causation and proof of specific causation. General causation addresses the question of whether the exposure can cause injury in anyone. In the area of toxic torts, the evidence available to answer this question comes in the form of groupbasedstudies in the fields of toxicology, epidemiology, and genetics—studies that search for the effects of causes. Proof of general causation, however, is not enough. Because court cases focus on the individual, the …

More Than A Mask: Stay-At-Home Orders And Religious Freedom, Dorit Rubinstein Reiss, Madeline Thomas

Faculty Scholarship

No abstract provided.

The Law And Ecology Of Dam Removals, Dave Owen, Kim Sager-Fradkin

Faculty Scholarship

No abstract provided.

Prescription-Drug Policing: The Right To Health Information Privacy Pre-And Post-Carpenter, Jennifer D. Oliva

Faculty Scholarship

This Article operates at the intersection of privacy law, Fourth Amendment doctrine, and prescription-drug surveillance instigated by the U.S. drug-overdose crisis. Reputable reporting sources frequently frame that ongoing crisis as a prescription-drug-overdose “epidemic.” Current epidemiological data, however, indicate that the majority of American overdose deaths are now a result of illicit and polysubstance drug use and not prescription-opioid misuse. The prescription-opioid- centric frame has nonetheless sparked the rapid rise of surveillance of prescribers and patients in the form of state prescription-drug monitoring program (“PDMP”) databases. State PDMPs, which maintain and analyze significant data concerning every dispensed controlled substance, surreptitiously collect …

Retheorizing Progressive Taxation, Manoj Viswanathan

Faculty Scholarship

Progressively taxing consumption has much normative appeal, but pre­ vious legal scholarship has incorrectly assumed that directly accounting for the expenditures of individual taxpayers is administratively infeasible. Changes in consumer spending and advances in technology require revisiting this assumption. This article proposes a novel framework through which an individual accounting progressive consumption tax (IAPCT) can be imple­ mented and establishes the IAPCT's superiority to previously proposed forms of progressive consumption taxation. IAPCT advantages include a significant reduction in tax filing costs, improved enforcement, and the immediate de­ ployment of place-based tax policy.

La Créolisation De Caliban: Plurilinguisme, Contrôle Colonial, Et Créativité Linguistique Dans Une Tempête D'Après "La Tempête" De Shakespeare; Adaptation Pour Un Théâtre Nègre D’Aimé Césaire, A. Josephine Thrasher , '21

Senior Theses, Projects, and Awards

No abstract provided.

The Impact Of Combined Flexion And Compression On The Mechanical Integrity Of The Annulus Fibrosus, Keaton Briar

Theses and Dissertations (Comprehensive)

Introduction: Intervertebral disc (IVD) herniation is characterized by an expulsion of nucleus pulposus (NP) material through the annulus fibrosus (AF). The AF contains two major adhesive structures, the intralamellar matrix and the interlamellar matrix, which act to maintain the strength of the AF and prevent NP material migration. As a herniation occurs, clefts form within the intralamellar matrix, pushing the NP between adjacent collagen fibres; meanwhile, delamination of the interlamellar matrix causes the NP to pool between layers of the AF. Further, herniation more readily occurs in a combined loading scenario of both compression and flexion. Flexion, and in particular …

Mcconnon & Co., Mcconnon's Cook Book And Home Management Tips, Circa 1928

Other documents

32-page booklet titled "McConnon's Cook Book and Home Management Tips," McConnon & Co., Winona, Minnesota, and Memphis, Tennessee, circa 1928.

McConnon & Co. was founded as a drug store in Winona by Henry J. McConnon in 1870 and he was later joined by his brother Joseph. They established a thriving mail-order business selling kitchen products and home remedies. A branch was established in Memphis around 1912 that lasted until the early 1930s. The company was sold in the 1960s.

Westside High School, Memphis, Class Of 1968 Reunion, 1978

Other documents

Booklet with information on the participants at the Westside High School, Memphis, Tennessee, Class of 1968 reunion at the Downtown Sheraton Hotel, June 17, 1978.

Peace Officer, Memphis, 1937

Other documents

Vol. 13, No. 9 of "The Peace Officer: Official Publication of the Tennessee and Mississippi Sheriffs and Peace Officers Association", Memphis, Tennessee, published in September 1937.

Memphis Chamber Of Commerce Journal, 5:9, 1922

Other documents

Vol. 5, No. 9 of the Memphis Chamber of Commerce Journal published in Memphis, Tennessee, in October 1922.

Memphis Magazine, 1:1, 1970

Other documents

Vol. 1:1 of Memphis Magazine published by the Memphis Area Chamber of Commerce, Memphis, Tennessee, in July 1970. Articles on the Memphis Museum, Memphis and the Quantum Leap, Blacks in business, the Memphis Medical Center, art, hunting and fishing, music, Beale Street and the Mississippi River were included.

Time Enough For Counting: A Unicorn Retrospective, Abraham Cable

Faculty Scholarship

No abstract provided.

Discharging The Discharge-For-Value Defense, Eric L. Talley

Faculty Scholarship

Despite its massive size, the corporate debt market is often considered a sleepy refuge for the risk-averse. Yet, corporate debt contracts are often mind-numbingly detailed. That complexity – when coupled with the financial stakes in play – can be a recipe for calamity. And in late 2020, calamity struck in the form of an accidental $1 billion payoff sent to Revlon Inc.’s distressed creditors – not by Revlon itself but rather by Citibank, the administrative agent for the loan. When several lenders refused to return the cash, Citibank commenced what many reckoned would be a successful (if embarrassing) lawsuit to …

Three Essays On The Impact Of Cuteness On Consumer Behavior, Alexis Taeeun Yim

Graduate Theses, Dissertations, and Problem Reports (ETD)

Over the last decade, the world has seen a rise in the popularity of cute stimuli. Adorable baby pictures, fluffy puppy videos, and whimsical emojis seem ever-present in social media news feeds and friends’ posts. In addition, products marketed toward adults that feature cute characters drive sales worth billions of dollars. The growing presence of cute stimuli in our daily lives is accompanied by emerging research on their social and behavioral impacts. Correspondingly, the current dissertation consists of three essays that contribute to the literature on cuteness by empirically testing the impacts of cuteness in the marketplace. To extend the …

Search Strategies For “Movement Disorders Associated With Antiseizure Medications: A Systematic Review”, Daniel Zhou, Spriha Pavuluri, Isha Snehal, Cynthia M. Schmidt, Miguel Situ-Kcomt, Olga Taraschenko

Search Strategies: Leon S. McGoogan Health Sciences Library

No abstract provided.

Litmag 2020-21, University Of Missouri-St. Louis, Kathryne Johanna Watt

Litmag

Litmag’s goal is to nurture the creativity of the students, staff, and alumni of UMSL by increasing awareness of diverse literary and artistic talent. We aim to provide an inclusive, professional, and high-quality publication free of charge to UMSL and the local community

Infection-Associated Biofilms And Statins: Protocol For Systematic Review, Dora Yesenia Valencia, Magdiel Habila, D. Jean Mcclelland, Abraham Degarege, Purnima Madhivanan, Karl Krupp

Journal Articles: Epidemiology

INTRODUCTION: Owing to their propensity for being associated with infections, biofilms have become a focus in infectious disease research. There is evidence suggesting that statins, which are commonly used for prevention of cardiovascular disease, may prevent biofilm-associated infections, but this association has not been well-understood.

METHODS AND ANALYSIS: This systematic review protocol will include six database searches from their inception to 20 August 2020. A medical librarian will conduct the searches in PubMed, EMBASE, Web of Science, CINAHL, LILACS and CENTRAL, without any limits. Bibliographies of selected articles, previously published reviews and high-yield journals that publish on statins and/or biofilms …

Colonialism And Sexuality, In Tayeb Salih’S Season Of Migration To The North And Peter Kimani’S Dance Of The Jakaranda., Tomi Adeaga, Peter Kimani

Graduate School of Media and Communications

AbstractThe Sudanese author, Tayeb Salih’s Season of Migration to the North and the Kenyan author, Peter Kimani’s Dance of the Jakaranda both interrogate the connection between colonialism and sexuality in an African setting. While the protagonist in Salih’s novel, Mustafa Sa’eed is the epitome of the sexualized, colonized Sudanese subject, Kimani’s novel examines several sexual relationships, including those of Sally McDonald, the British wife of a colonial administrator in Kenya, Ian McDonald. In Kimani’s novel, Sally McDonald represents a counter image to the white woman in need of protection from the sexual appetites of colonized males. Though Salih’s narration exemplifies …

"Let Me Know When I'M Needed": Exploring The Gendered Nature Of Digital Technology Use For Health Information Seeking During The Transition To Parenting, Bradley Hiebert, Jodi Hall, Lorie Donelle Phd, Rn, Fcan, Danica Facca, Kim Jackson, Ewelina Stoyanovich

Publications

This paper presents results of a qualitative descriptive study conducted to understand parents' experiences with digital technologies during their transition to parenting (i.e. the period from pre-conception through postpartum). Individuals in southwest Ontario who had become a new parent within the previous 24 months were recruited to participate in a focus group or individual interview. Participants were asked to describe the type of technologies they/their partner used during their transition to parenthood, and how such technologies were used to support their own and their family's health. Focus group and interview transcripts were then subjected to thematic analysis using inductive coding. …

Analyzing Interactions Among Migratory Elk And Semi-Permeable Fences Amongst A Highly Fragmented Landscape On The Blackfeet Reservation, Landon J. Magee

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Large scale fences pose a threat to ungulate movement on the Blackfeet Reservation. Since the beginning of the last decade, the Blackfeet Reservation has experienced intense habitat fragmentation in the northern regions of the reservation, particularly in prime elk habitat that is believed to be along a migration corridor. One source of fragmentation has been the erection of a semi-permeable fence associated with a large bison ranch. The purpose of this study was to preliminarily assess potential interactions of elk (Cervus canadensis) and the semi-permeable bison fence as a precursor for further study. I worked in collaboration with …

Intersectional Feminism And Diverse Perspectives In Contemporary Romance, Abigail L. Nordstrom

Undergraduate Theses, Professional Papers, and Capstone Artifacts

The lack of intersectional feminism and diverse perspectives has long been a critique of the literary canon. While the Academy has shifted toward a more progressive course of literary study in recent decades, there are still some genres that are treated as undeserving of scholarly analysis in spite of their unique and diverse perspectives. The contemporary romance genre embodies the very intersectional feminism that the traditional literary canon lacks, yet it is still treated as unworthy of consideration. Contemporary romance novels such as The Kiss Quotient by Helen Hoang, Take a Hint, Dani Brown by Talia Hibbert and The Bromance …