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A Bankruptcy Court May Temporarily Suspend Rent Obligation, Matthew Kipnis

Bankruptcy Research Library

(Excerpt)

Section 365(d)(3) of title 11 of the United States Code (the “Bankruptcy Code”) authorizes a court to “extend, for cause, the time for performance of any [rent] obligation[‘s] [on unexpired leases of nonresidential real property] that arise[] within 60 days after the date of the order for relief[.]” Historically, courts have recognized that under § 365(d)(3), there is a statutory obligation on debtors to pay rent on unexpired leases. Courts have also recognized that if a debtor’s rent obligation is deferred, lessors are entitled to adequate protection. However, courts are divided on the exact timing of when a debtor’s …

City’S Retention Of Impounded Vehicle Not Violation Of Automatic Stay, Alexis Zobeideh

Bankruptcy Research Library

(Excerpt)

Upon the filing of a petition under title 11 of the United States Code (the “Bankruptcy Code”), creditors and other parties in interest are generally automatically stayed from taking any action against a debtor or property of the estate. The estate includes “all legal or equitable interests of the debtor in property as the commencement of the case,” with some exceptions. The automatic stay is “one of the most important protections and powerful tools available to a debtor in a bankruptcy.”

It is well established that a creditor cannot take affirmative steps against a debtor or estate property. Prior …

Are Settlement Agreements Executory Contracts? Courts That Say “No” Give More Power To Creditors In Bankruptcy Actions, Kevin Murray

Bankruptcy Research Library

(Excerpt)

In order to provide for quick and efficient resolutions in bankruptcy cases, courts will often encourage settlement agreements. Settlement agreements are so common that it is unusual for there not to be a settlement between adversaries. Additionally, settlement agreements are favored by law to allow the parties to avoid the expense and burdens that are associated with litigating claims.

Courts have taken two approaches when analyzing disputes that involve settlement agreements. Some courts have held that a settlement agreement is a court approved contract between two adversarial parties and its interpretation is governed by the general provisions of contract …

Dismantling Tools Of The Incompetent: Exploring Cultural Competence Training In Undergraduate Education Policy And Education Studies Programs, Ashley P. Allen

Dissertations

Cultural competence is described as a set of skills, values, and principles that acknowledge, respect, and work toward optimal interactions between the individual and the various cultural and ethnic groups with which an individual might come into contact. Scholars have been critical of cultural competence training because the three-dimensional approach which is its foundation fails to address institutional and systemic racism. I posit that undergraduate programs should provide training, so graduates are culturally competent entering their respective fields. I examined cultural competence training within education policy and studies undergraduate programs because these graduates will work within education at all levels …

Emancipatory And Controlling: Examining The Negotiation Of Masculinity-Centered Practices By Women's And Gender Equity Center Practitioners, Ashley M. Brown

Dissertations

Initiatives to understand and transform masculinity have increasingly emerged in higher education, calling attention to the consequences of dominant, masculine gender expectations that permeate throughout college campuses. These masculinity-centered practices in higher education encompass formalized, departmental initiatives for students, faculty, and/or staff that examine topics related to masculinity through educational workshops, speaker events, professional development sessions, dialogue spaces, and other efforts. While it is often assumed that these practices support the advancement of gender equity, scholars have theorized the ways in which this work can also lead to depoliticized efforts that may, in fact, reify patriarchal and other systems of …

The Upstart Peril In The Nineteenth-Century English Novel, Lydia Craig

Dissertations

Responding to the French Revolution (1789-1799) with his widely read text Reflections on the Revolution in France (1790), conservative Whig politician Edmund Burke influentially accused an ambitious bourgeoisie of inciting the lower classes to revolt against the aristocracy and Bourbon dynasty. He also insinuated that only the class hierarchy and feudal respect prevented a similar upstart peril in England from occasioning revolution. For the English middle classes, this demonization of upstarts, or parvenus posed an ideological challenge to their public consolidation as a political and cultural force. Bourgeois authors from Jane Austen to Charles Dickens utilized an upstart rivalry device …

Impact Of Violence Exposure On Children's Mental Health And Family Functioning: An Ecological-Transactional Approach, Rice Mary Dusing

Dissertations

N/A

The Role Of The Co-Chaperone Protein Bcl-2-Associated Athanogene 3 (Bag3) At The Cardiomyocyte Sarcomere, Thomas Gwynn Martin

Dissertations

The co-chaperone protein Bcl-2-associated athanogene-3 (BAG3) is a central mediator of cellular protein quality control through autophagy. In the heart, decreased BAG3 activity through mutation or decreased expression are linked to dilated cardiomyopathy (DCM). Unfortunately, though clinical data indicates BAG3 mutations are a definitive cause of DCM, few mechanistic studies had been performed to decipher the fundamental role of BAG3 in cardiomyocytes. However, several studies suggested BAG3 was involved in maintenance of the sarcomere, the molecular contractile structure in muscle cells. The goals of this dissertation were to: 1. Determine the functional significance of BAG3 for the sarcomere, 2. Identify …

The Impact Of Affiliative Motivation And Trust On Confrontations Of Racism, Jamie Patrianakos

Dissertations

Anti-Black racism persists in the United States with harmful consequences for Black people. White people are able to disrupt the racial status quo and propel the conversation about racial justice forward by confronting racism. Confronting perpetrators of racism can reduce prejudice, yet people hesitate to confront because they fear social backlash, even from those with whom they share a social bond. Two online studies asked participants to complete a task eliciting stereotypical responding while being observed by a supposed interaction partner with whom they shared either a high or low desire to get along. Participants were confronted by their interaction …

A Time And Place: Structures Of Knowledge At An Archeological Field-Site, Joseph Renow

Dissertations

In regards to the places where it happens, our shared beliefs about science encompass two seemingly contradictory positions. On the one hand, scientific-knowledge is understood as universal, and as being tied to nowhere in particular. On the other hand, we believe science cannot happen just anywhere, and more often than not, we imagine it at home in the highly controlled and cleansed environments of laboratories. In this dissertation I utilize ethnographic data collected at Angel Mounds (an active archeological field-site and museum) to describe somewhere very different than where we typically imagine science occurring. At Angel Mounds science is deeply …

Wastewater Treatment Alters Microbial Colonization Of Microplastics, John J. Kelly, Maxwell G. London, Amanda R. Mccormick, Miguel Rojas, John W. Scott, Timothy J. Hoellein

Biology: Faculty Publications and Other Works

Microplastics are ubiquitous contaminants in aquatic habitats globally, and wastewater treatment plants (WWTPs) are point sources of microplastics. Within aquatic habitats microplastics are colonized by microbial biofilms, which can include pathogenic taxa and taxa associated with plastic breakdown. Microplastics enter WWTPs in sewage and exit in sludge or effluent, but the role that WWTPs play in establishing or modifying microplastic bacterial assemblages is unknown. We analyzed microplastics and associated biofilms in raw sewage, effluent water, and sludge from two WWTPs. Both plants retained >99% of influent microplastics in sludge, and sludge microplastics showed higher bacterial species richness and higher abundance …

Promoting Early-Adolescent Dual Language Learners' Language Use & Reading Skills, Holly Griskell

Dissertations

Most studies of Dual Language Learners’ (DLLs’) literacy development focus on the early childhood years. As such, this three-study dissertation sought to advance our knowledge of DLLs’ English language and reading comprehension skills during early adolescence, a developmental stage when many students struggle with reading. Study 1, “Classroom Discussion and Early-Adolescent Dual Language Learners’ Motivation and Reading Comprehension”, considered how features of the classroom language environment promote DLLs’ reading comprehension skills. We examined relations between students’ (N = 413; M age = 11.66-years-old) engagement in high-quality classroom discussions and reading comprehension as a function of their motivation to participate in …

Secularism, The Oxford Movement, And Religious Aesthetics In John Keble, Christina Rossetti, Adelaide Anne Procter, And Gerard Manley Hopkins, Mary Harmon

Dissertations

This dissertation examines the relationship between secularism and the development of Oxford Movement poetry. The members of the movement sought to restore pre-Reformation religious practices in the Anglican Church while maintaining its distinctiveness from the Roman Catholic and Orthodox traditions, which led to the development of unique liturgy, architecture, hymns, and poetry, among other art forms. I argue that secularism simultaneously made the movement more possible while also making it more unstable. Secularism gave the theologians and poets of the movement enough freedom to borrow from older Christian traditions, yet the movement failed to revive the Anglican Church (several members …

God And Rescuer, Clinton Neptune

Dissertations

I argue that the best concept of God, for the purposes of inquiring into God's existence and nature, is one derived from considering the human predicament and how to satisfy the existential yearning of human inquirers. Other popular methods of conceiving of God, such as some perfect being theologies and scriptural theologies, miss this vital motivational component in their God-concept construction. The concept of God on offer in this project, God as Rescuer, characterizes a being who is willing and able to rescue humanity from the predicament of the possibility of personal death, moral failure, and apparent gratuitous evil. It …

Hemingway, Sartre, And Secularization: Finding Religion Without God, Marcos Antonio Norris

Dissertations

This dissertation intervenes in the critical debate over Ernest Hemingway’s religious orientation. One camp of Hemingway scholars argues that he was a practicing Catholic, while the other camp argues that Hemingway was an existential atheist. Rather than side with either camp in this binary debate, my research offers a third option that bridges the gap between these opposing positions. Examining Hemingway’s life and works through the eyes of contemporary political philosopher Giorgio Agamben, I argue that Hemingway is, properly speaking, neither a secularist nor a theist, but a secularized theist, whose “religion” takes the form of masculine volition, or sovereign, …

Manhattan Community Access Corp. V. Halleck:Taking The Public Out Of Public Access, James A. Hamilton

Journal of Business & Technology Law

No abstract provided.

A Model For Inhalation Of Infectious Aerosol Contaminants In An Aircraft Passenger Cabin, Bert A. Silich

International Journal of Aviation, Aeronautics, and Aerospace

Aerosol contamination of an aircraft cabin by infectious passengers is a concern of passengers, aircrew and the aviation industry. This may be especially important during a pandemic, such as COVID-19, where the full extent of aerosol transmission is not well understood. A statistical method to determine the number of infectious passengers on board along with a mathematical model estimating the contaminant concentration of aerosols in the cabin and the number of inhaled infectious particles by passengers is presented. An example is used to demonstrated how the results can be estimated during normal operations and emergency conditions with malfunctions of the …

Small Unmanned Aircraft Systems Acoustic Analysis For Noninvasive Marine Mammal Response: An Exploratory Field Study, David Thirtyacre, Gennifer Brookshire, Sarah Callan, Brittany Arvizu, Patrick Sherman

International Journal of Aviation, Aeronautics, and Aerospace

As in countless other fields of human endeavor, small unmanned aircraft systems (sUAS) have the potential to benefit pinniped (Pinnipedia; e.g., Phocidae [seals], Otariidae [sea lions], and Odobenidae [walruses]) response efforts. The employment of sUAS could give responders a close-up look at animals in distress in order to determine their condition as well as develop a response strategy. However, unlike other subjects that are regularly inspected by sUAS (e.g., croplands and civil infrastructure) pinnipeds may respond to the distinctive sound generated by small, multirotor sUAS. This reaction may include retreating into the water en masse, which could put …

How Duty Rosters And Stress Relate To Sleep Problems And Fatigue Of International Pilots, Marion Venus, Martin Grosse Holtforth

International Journal of Aviation, Aeronautics, and Aerospace

While previous research focused on pilots’ fatigue, rosters, potential performance-impairment and aviation-safety, this research investigates, how pilots’ work-related and psychosocial stress and rosters can affect their sleep and fatigue. A cross-sectional online survey was completed by 192 pilots flying for European operators, 180 Australian pilots and 34 pilots from UAE, Turkey and Asia Pacific. Pilots reported their actual duty- and flight-hours, flown sectors, standby, rest, vacation days, number of early starts, night-flights and sports-hours for the last two months. Schedule-related data, way to work, age, flight-hours on the present type of aircraft, subjective job-security and psychosocial stress were used as …

Numerical Analysis Of Aerospike Engine Nozzle Performance At Various Truncation Lengths, Sam Dakka Dr, Oliver Dennison

International Journal of Aviation, Aeronautics, and Aerospace

The aerospike engine was first devised in the early 1960s where it provided new means of reaching orbit in a single stage. The paper aimes to demonstrate the viability of the technology by showcasing the increased nozzle thrust efficiency over the conventional bell nozzle. Various truncations were applied to the nozzle and each was subjected to two conditions, an over-expansion and near optimum condition. The nozzle contour was developed using the simple approximation method and was chosen to replicate that of the XRS-2200. This anchored the data, thereby validating the computational fluid dynamics (CFD) simulation. Simulations were completed for at …

Predictability Improvement Of Scheduled Flights Departure Time Variation Using Supervised Machine Learning, Deepudev Sahadevan, Palanisamy Ponnusamy Dr, Manjunath K. Nelli Mr, Varun P. Gopi Dr

International Journal of Aviation, Aeronautics, and Aerospace

The departure time uncertainty exacerbates the inaccuracy of arrival time estimation and demand for arrival slots, particularly for movements to capacity constrained airports. The Estimated Take-Off Time (ETOT) or Estimated Departure Time(ETD) for each individual flight is currently derived from Air Traffic Flow Management System (ATFMS), which are solely determined based on individual flight plan Estimated Off Block Time(EOBT) or subsequent delays updated by Airline. Even if normal weather conditions prevail, aircraft departure times will differ from ETOTs determined by the ATFMS due to a number of factors such as congestion, early/delayed inbound flight (linked flights), reactionary delays and air …

Notes On Rules Of Thumb For Pilots, Yuzo Inokuchi

International Journal of Aviation, Aeronautics, and Aerospace

The rules of thumb can be found in several flight instructions or pilot's handbooks. Thus far, available rules have been presented without proof or a valid range, such as altitude or velocity ranges wherein these rules can be applied. This paper presents the background theory for a few selected rules; then, the rule is compared with a first-order approximation of the background theory. A valid range is presented by analyzing the prediction accuracy of the rule, which is defined as the relative error of the rule to the background theory. These rules of thumb provide a good approximation of the …

Identification Of Wind-Induced Hazard Zones Impacting Uas Bridge Inspection, Jack J. Green, John Mott

International Journal of Aviation, Aeronautics, and Aerospace

Unmanned Aerial Systems (UAS) continue to grow in both popularity and utility within the national airspace system. The use of commercial UAS for civil inspection, specifically that of bridge structures, is becoming commonplace among practitioners and academics alike. The development of an integrated bridge-inspection hazard model provides a way for UAS operators to prepare for and respond to changing environmental conditions that could otherwise prevent a successful UAS flight. The interaction of wind-induced airflow with bridge surfaces creates an aerodynamic wake that can result in hazardous conditions for a UAS platform operating in close proximity. An analysis of this airflow …

Aviation Culture: A ‘Glass Sky’ For Women Pilots - Literature Review, Ivana Gorlin, Donna Bridges

International Journal of Aviation, Aeronautics, and Aerospace

This paper reports on a review of literature covering gender issues in aviation. It considers the impacts of aviation culture on women pilots. The focus of the review was on empirical studies over a 25-year period (1996-2020). Two research questions underpin the review; firstly, we investigated how aviation culture impacts women pilots’ experiences, secondly, we considered its effect on women as pilots. Using a hermeneutic methodological framework, we found that cultural attitudes towards women pilots in the aviation industry are biased and discriminatory. The studies in the review overwhelming concur that the hegemonic masculine culture that dominates aviation significantly diminishes …

Digitalization Of Educational And Methodological Support For The Training Of Aviation Dispatchers, Zair Ziyaevich Shamsiev

International Journal of Aviation, Aeronautics, and Aerospace

The tasks of improving the educational process of training civil aviation dispatchers on the basis of the development and implementation of digital teaching aids are considered. Legislative and regulatory documents are accepted as an object of digitalization. The end result of the research is expressed in the provision of the educational process with a special electronic educational complex, which has the functions of providing the necessary information and conducting practical exercises to deepen, consolidate and control knowledge in the field of aviation documents.

An Integrated Method For Airline Company Supplier Selection Based On The Entropy And Vikor Methods: A Real Case Study, Naimeh Borjalilu, Zeinab Sazvar, Sina Nayeri

International Journal of Aviation, Aeronautics, and Aerospace

All certified airlines require to implement a safety and quality management system. Therefore, the quality of all services and products with critical operational domains have been challenging issues in the aviation industry. In this regard, supplier selection plays an important role to acquire competitive benefits. Flight operations is critical scope in an airline and their outputs have a direct impact on flight safety consequences. Therefore, the quality of supplier’s product and services play the main role in their flight operations process. In this research, a new decision-making framework is developed to evaluate the performance of the suppliers based on the …

Pilot Visual Detection Of Small Unmanned Aircraft On Final Approach During Nighttime Conditions, Jon M. Loffi, Ryan J. Wallace, Samuel M. Vance, Jamey Jacob, Jared C. Dunlap, Taylor A. Mitchell, Dane C. Johnson

International Journal of Aviation, Aeronautics, and Aerospace

In December 2020, the Federal Aviation Administration (FAA) announced the release of a new final rule, permitting operators of small unmanned aircraft systems (sUAS) to perform routine night operations. Public comments to the Notice of Proposed Rulemaking indicated potential safety concerns regarding a pilot’s ability to spot a low-altitude sUAS during nighttime conditions. Leveraging data from the FAA’s UAS Sighting Report Database, the research team evaluated the significance of aircraft encounters with UAS at night. Researchers conducted an inflight experiment in which 10 pilots performed an instrument approach to airport during nighttime conditions in which a multi-rotor sUAS presented a …

The Constructivist Approach Towards Identifying The Challenges Of Esp Teachers: The Case Of Aviation English, Gökhan Demirdöken Mr.

International Journal of Aviation, Aeronautics, and Aerospace

Continuous growth of aviation industry necessitates developing a better understanding of English for Specific Purposes teaching settings to improve the quality teaching and in turn, to serve best for the needs of ESP students. Therefore, role of ESP teachers and their experiences in these teaching settings need to be closely monitored for improved professional development opportunities. Taking this into account the present study focused on ESP teachers working and giving Aviation English courses in a tertiary level institution in Turkey. The constructivist approach was adopted to uncover the challenges encountered by ESP teachers in the target setting. Five ESP teachers …

Making Meaning Of The Sketchbook: An Inquiry Into The Conceptualisation, Content And Form Of Sketchbooks, And Associated Pedagogical Practices, In Post-Compulsory Art And Design Education, With Consideration Of The Effects Of New Technologies On Practices., Simon Webster

Plymouth Institute of Education Theses

This research project is an inquiry into, and exploration of, work carried out by students studying on formal Further Education (FE) and Higher Education (HE) Art & Design courses in a specialist Art & Design college. The project focuses on the use of sketchbooks and the effects that new technologies are having on sketchbook practices. The sketchbook has played an important role in Art & Design practices, and education, for hundreds of years and in that time its usage had 'remained virtually untouched by the march of fashions and theories throughout history (Clayton and Weisenthal, 1991:113). But, during the late …

‘Whether The Elves Are Watching Or Not’. Listening To Teachers’ Experiences Regarding Surveillance Technologies In Schools., Martin Edward Edmonds

Plymouth Institute of Education Theses

Abstract Surveillance technologies have become a normalised aspect of the workplace, and daily life, in England. This is particularly true in schools, where CCTV (Closed Circuit Television) is commonplace, and an audit culture well established. This study explores how teachers feel the atmosphere and culture of a school is influenced by technologized surveillance tools. Three interrelated questions were explored; what effect do surveillance technologies in schools have upon relationships between colleagues and students? What is lost by the application of such surveillance technologies in schools? How can Ivan Illich’s work show us a way to respond? To explore these questions, …