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Deinstitutionalizing The Mentally Retarded In Maine: The Inevitable Face-Off With Zoning, Pamela D. Albee

Maine Law Review

In July 1978, agencies and officials of the State of Maine entered into a federal consent judgment which terminated a class action lawsuit that had dragged on for three years. The consent judgment in Wuori v. Zitnay detailed a comprehensive plan designed to bring about speedy and meaningful relief to the plaintiff class: mentally retarded citizens of Maine involuntarily confined to Pineland Center, Maine's principal institution for the mentally retarded, and certain others who were conditionally released from Pineland and in community placements. The relief granted was a right to be provided the least restrictive and most normal living conditions …

The Decline Of The Privity Rule In The Maine Law Of Tort Products Liability: A Conceptual History, Dennis M. Patterson

Maine Law Review

No single issue has more preoccupied modern jurisprudential writers than the limitations of precedent on the lawmaking power of judges. Yet despite this singular concentration, no scholarly consensus has emerged regarding what those limitations are or what form they should take. This continuing theoretical dispute recently manifested itself in a series of decisions rendered by the Law Court. Last spring in the case of Adams v. Buffalo Forge Co., the Law Court reconsidered a significant aspect of two decisions of the previous term: Burke v. Hamilton Beach Division and Hurd v. Hurd. In Burke and Hurd the court decided that …

Comeau V. Maine Coastal Services: The Quantum Theory And The Rescue Doctrine In Workers' Compensation, George F. Eaton Ii

Maine Law Review

Section 51 of the Maine Workers' Compensation Act provides that in order to be compensable, an employee's injury must arise out of and occur in the course of the employment. The decision of the Maine Supreme Judicial Court in Comeau v. Maine Coastal Services upheld the Workers' Compensation Commission's denial of the plaintiff's petition for an award of compensation. In reaching its decision, however, the Law Court departed from the long-settled analytical approach of treating the "arising out of" and the "in the course of" requirements as separate criteria both of which must be met in order to establish a …

The Vitality Of The Doctrine Of Punitive Damages In Maine, Kevin F. Gordon

Maine Law Review

On four separate occasions between December 1981 and February 1982, the Maine Supreme Judicial Court called into question the continued vitality of the common law doctrine of punitive damages. The substantive propriety of punitive damages was not challenged by any of the defendants in those four cases. As a result, the Law Court assumed for the purposes of each opinion that punitive damages could be awarded by a court "in some instances without explicit statutory authorization." Nevertheless, in a footnote to Braley v. Berkshire Mutual Insurance Co., the court challenged this assumption. Noting that the doctrine of punitive damages initially …

Constitutional Issues Raised By The Civil-Criminal Dichotomy Of The Maine Oui Law, Bruce W. Smith

Maine Law Review

Moving to the forefront of a national trend, the Maine Legislature undertook a thorough reform of its operating under the influence (OUI) law in 1981. The new statute was billed "the toughest in the nation," largely because of a provision for mandatory prison sentences. The statute's most radical provision is not the mandatory prison term, however, but a section which gives prosecutors the option to treat less egregious first offenses as civil infractions rather than crimes. The section generates the broad issue addressed by this Comment: may trial by jury and other constitutional protections formerly afforded OUI defendants be denied …

Deductibility Of Investigatory Expenses Incurred In Business Expansion: North Carolina National Bank V. United States, Edward R. Benjamin Jr.

Maine Law Review

Section 162 of the Internal Revenue Code allows the current deduction of "all the ordinary and necessary expenses paid or incurred . . . in carrying on any trade or business . . . .” Exactly which business expenditures meet the requirements of section 162, however, has not been easy for courts to determine. In an attempt to enunciate a standard that is easily applicable to complex business transactions, courts have refused to allow current deduction of business expenditures which result in a benefit or advantage with a useful life which continues beyond the taxable year. In North Carolina National …

Preventing The Importation And Sale Of Genuine Goods Bearing American-Owned Trademarks: Protecting An American Goodwill, Timothy H. Hiebert

Maine Law Review

A trademark's "primary and proper function," it has been said, "is to identify the origin or ownership of the article to which it is affixed." Thus, if a trademark indicates either the original producer or an exclusive distributor as the source of the goods on which it appears, it will be entitled to protection against infringement. Related to this source identification function are a trademark's quality assurance and advertising functions. Because the public comes to associate trademarked goods with a certain standard of quality, a trademark guarantees that the goods on which it appears will meet public expectations about quality. …

Common Law Sovereign Immunity And The Maine Tort Claims Act: A Rose By Another Name, R. Michael Martin

Maine Law Review

On October 12, 1976, the Maine Supreme Judicial Court allowed a Bath homeowner to sue the city for damage to her property resulting from the city's negligence. The case was Davies v. City of Bath and its significance was twofold. First, for decades before the Davies decision the Maine Supreme Judicial Court had routinely refused to consider such suits because of the doctrine of sovereign immunity. Fifteen years before Davies the court had expressed dissatisfaction with the doctrine, but until 1976 had repeatedly refused to abrogate it. Second, the Davies decision was significant because the Maine Legislature, under the guiding …

The Obsolescence Of Voluntary Confessions In Maine, John C. Sheldon

Maine Law Review

The would-be assassin lurks in the crowd that gathers outside the campaign headquarters building. In anticipation of the candidate's appearance, the television technicians hoist their videotape cameras and illuminate the scene with floodlights, as the gunman nervously fingers the automatic concealed in the pocket of his field jacket. Moments later, the candidate emerges from the doorway; the assassin rushes into the floodlit view of the cameras, takes aim at the startled politician, and hollers: "I've been planning this for years, and now I'm going to give you what's coming to you." His shots ring out as Secret Service agents converge …

Faculty Experiences Using Synchronous Videoconference Technology To Assess Student Psychomotor Performance, Heather Disney, Debra Crawfordbpiecka Tyrrell, David Perry

Journal of Innovation in Health Sciences Education

Introduction: Psychomotor skills are an essential aspect of physical therapy (PT) education. Recent studies supported using videoconference technology (VCT) for psychomotor instruction, but research on the use of VCT for psychomotor assessments is limited. Determining the usefulness of VCT for psychomotor exams is vital to establishing best pedagogical practices. The purpose of this basic qualitative study was to explore the faculty experience using synchronous VCT to assess PT students’ psychomotor skills.

Methods: The conceptual framework for this study was the unified theory of acceptance and use of technology (UTAUT). The research question guided the investigation into how PT educators …

Lessons Learned: Calvin Mitchell Iii, Mercedes Cardona

Journal of Financial Crises

Calvin Mitchell III served as executive vice president of the communications group within the executive office of the Federal Reserve Bank of New York (FRBNY) during the Global Financial Crisis. In 2008, Mitchell was tapped by Timothy Geithner, who was then FRBNY president, to head a new group charged with expanding the communications and community affairs functions. Mitchell left the FRBNY in 2009 for the private sector and returned to government in 2021 as assistant secretary for public affairs in the US Treasury Department.

International Monetary Fund: Special Drawing Rights Allocations, 2009, Ikbal S. Ahluwalia, Owen Heaphy, Rosalind Z. Wiggins

Journal of Financial Crises

Despite efforts by the world’s major economies to address stresses in the global financial system, by early 2009, the Global Financial Crisis caused developing and lower-income countries to experience shortages of the major reserve currencies. In August 2009, the International Monetary Fund (IMF) distributed a general allocation of Special Drawing Rights (SDR) of unprecedented size—totaling USD 250 billion (SDR 161.3 billion)—to all member countries in an effort to address these issues and provide liquidity to the world’s economies. In September 2009, it also distributed a special “catch-up” allocation of USD 33 billion in SDRs (SDR 21.5 billion) to eligible members …

International Monetary Fund: Short-Term Liquidity Line, 2020, Carey K. Mott, Léo Brougher

Journal of Financial Crises

As the COVID-19 pandemic spread in March 2020, global financial conditions tightened considerably. In response, global reserve currency-issuing countries extended bilateral swap lines to select countries. Strong demand for US dollar liquidity among emerging markets led the International Monetary Fund (IMF) to introduce the Short-Term Liquidity Line (SLL) on April 15, 2020. The SLL functioned as a swap lending facility. Unlike other IMF liquidity tools, the SLL was a revolving credit line that allowed countries to repeatedly draw funds and make repayments, with each repayment restoring access up to the approved limit across SLL arrangements. Its purpose was to enable …

Successful Transcatheter Edge-To-Edge Mitral Valve Repair Via Minithoracotomy In Canine Myxomatous Mitral Valve Disease: Case Report, Anusak Kijtawornrat, Pasakorn Brikshavana, Suphanut Kulabsri, Varit Wijitratanagorn, Nilubol Booncharoensombat, Phanupong Chinnabrut, Wutti Bunjerdsuwan, Natrada Rujivipat, Nakkawee Saengklub

The Thai Journal of Veterinary Medicine

Transcatheter edge-to-edge mitral valve repair (TEER) for the correction of mitral regurgitation (MR) due to myxomatous mitral valve disease (MMVD) stage B1 in a dog by a hybrid intervention technique via minithoracotomy was first reported in Thailand and Southeast Asia. The dog did not show any clinical signs related to congestive heart failure (CHF). Physical examination revealed systolic murmur grade III/VI. Electrocardiographs were recorded and showed normal sinus rhythm. A thoracic radiograph revealed normal size and shape of the heart (VHS 10.9) and diffuse bronchial pattern in the lungs. A definitive diagnosis of MMVD was made by echocardiography. The dog …

Approved Programs 12-17-24, Angela Brock

Programs Committee (PC)

No abstract provided.

Exploring Simulations In Mathematics Teacher Education, Madelyn Williams Colonnese, Bima Sapkota, Carrie Lee, Liza Bondurant, Gregory Benoit, Grace Pai, Heather Howell, Erin Barno

CoE Publications

Practice-based teacher education has been suggested as one approach to help preservice teachers (PSTs) learn how to enact high- leverage teaching practices such as facilitating a whole class discussion (Association of Mathematics Teacher Educators, 2017; McDonald et al., 2013). McDonald et al. (2013) suggested a learning cycle that includes four parts: 1) introduce the practice; 2) prepare for and rehearse the practice; 3) implement the practice with students; and 4) analyze the enactment to inform future cycles. The rehearsal within the learning cycle provides space for the PSTs to practice enacting the instructional practice while receiving feedback from the mathematics …

Factors Affecting State Budget Stabilization Fund Access, Jeremy Phillips, Lashonda Stewart

Commonwealth Review of Political Science

Since their inception in the 1980s and early 1990s, budget stabilization funds (BSFs) have been seen as a way to avoid recurring crises like those experienced by states after the 1980-1982 recession. In hindsight, we may wonder if other motivations were not at play. For example, states with tax expenditure limitation laws (TEL) were more likely to adopt BSFs with less stringent deposit and withdrawal requirements. Previous research has suggested that TELs may have motivated some states to adopt BSFs. Although our analysis does not provide evidence of collaboration with these earlier findings, it strongly suggests that there are several …

The Impact Of Regional Attachment On Interpersonal Trust, Joel Turner, Jeff Kash, Scott Lasley

Commonwealth Review of Political Science

How much individuals trust others politically, and who they trust, remains an intriguing question for social science researchers. Previous research indicates that levels of political trust demonstrated by individuals often vary based on a variety of factors, such as gender, age, race, ethnicity, religion, social class, ideology, and partisanship. However, one area of political trust that has remained surprisingly unexplored has been the impact of regional identity, particularly among Southerners. My theory is that, similar to the manner in which the aforementioned markers work, Southern regional identity activates stereotypes regarding trustworthiness and, thus, influences inter-regional trust decisions. As a result, …

Rorschach Profiles In Children: Cluster Analytically Derived Subgroups Based On The Revised- Comprehensive System Variables, Marissa Diaco

ETD Collection

This study examined the development of an empirically derived subgroups for Rorschach Comprehensive System - Revised (Exner, 1974; Exner, 2003; Fontan et al., 2022) protocols, consistent with Exner’s framework, in a sample of 2,727 children aged five–12 in a psychiatric inpatient setting. A cluster analysis of Rorschach variables (Constriction Index, Perceptual Thinking Index [PTI], Depression Index [DEPI], Coping Deficit Index [CDI], and D score) identified 15 distinct profile types. The resulting clusters were organized into distinct psychological dimensions, including Impaired Reality Testing (Clusters 6, 7, 10, 11, 12), Coping Vulnerabilities (Clusters 2, 5, 13), Constriction with Minimal Interpretive Yield (Clusters …

Russian Use Of Smart Power To Achieve Northern Sea Route Objectives, Troy Bouffard

Interdisciplinary Studies

This dissertation examines Russia's use of smart power in pursuing its strategic objectives for the Northern Sea Route (NSR) in the Arctic. Through three interconnected articles, it analyzes how Russia combines soft and hard power approaches to assert control over the NSR and legitimize its claims. The first article challenges Russia's legal justification for NSR control by presenting new data on sea ice conditions and navigational risks. The second article explores how Russia's military posture in the Arctic has evolved in response to geopolitical shifts, particularly NATO expansion. The third article investigates Russia's strategic communication efforts to shape international perceptions …

The Chinese Room And Creating Consciousness: How Recent Strides In Ai Technology Revitalize A Classic Debate, Thomas Held

Departmental Honors & Graduate Capstone Projects

Since 1950, when Alan Turing first posed the question of whether a machine could think, the possibility of artificial consciousness has sparked intense and ongoing debate, and strong positions have been staked out on each side of the argument. On the one hand, the historically popular functionalist school of thought claims that any system capable of producing suitably “conscious” behavior in a given environment should be considered conscious. On the other hand, John Searle’s famous “Chinese Room” argument insists that this cannot be the case, and that consciousness is in all likelihood not artificially reproducible. However, both positions have issues—the …

Strategies Business Owners Use To Comply With Federal State And Local Taxes, Olohigbe O. Abaya

Walden Dissertations and Doctoral Studies

Tax regulations are constantly changing, increasing complexity for business owners to meet federal, state, and local obligations. Non-compliance can lead to severe consequences, including fines, legal action, and damage to a company’s reputation. Grounded in the planned behavior theory, the purpose of this qualitative pragmatic inquiry was to identify and explore practical steps small business owners take to comply with federal, state, and local tax requirements. Participants were seven business leaders in the United States. Data were collected through semistructured interviews, as well as a review of public websites and documents. Through thematic analysis, three themes were identified: professional assistance, …

The Influence Of Heat Therapy On Redox Signaling In Skeletal Muscle, Kimberly Miriam Richard

Theses and Dissertations

Reactive oxygen species (ROS) have been identified as crucial signaling molecules in skeletal muscle adaptations to exercise and signal for protective pathways within the myofiber. Pathological heat stress studies in animals demonstrate the ability of heat to increase ROS production in skeletal muscle. Limited data on the influence of therapeutic heat on ROS production and redox signaling in human skeletal muscle exists in the literature. The purpose of this study was to assess ROS production and redox signaling in human skeletal muscle following an acute, therapeutic bout of heat treatment. We hypothesized that heat would create an oxidized environment within …

Phosphorus Adsorption Capacity Of Volcanic Scoria, Easton Jeffrey Perkins

Theses and Dissertations

Phosphorus (P) pollution in stormwater runoff poses a significant threat to water quality, contributing to eutrophication and ecosystem degradation. This research evaluates the potential of volcanic scoria (VSco), an abundant and cost-effective resource in Utah, USA, to influence P concentrations in urban stormwater systems. Batch adsorption experiments examined the behavior of VSco across three particle sizes—fine (<0.841 mm), medium (0.841–2 mm), and granular (2.38–9.5 mm)—under conditions mimicking stormwater scenarios. The results reveal that fine VSco exhibited higher adsorption efficiency than medium and granular sizes, achieving notable P removal at higher concentrations. However, at lower concentrations, fine VSco showed potential for P release due to desorption of pre-existing P. Medium and granular VSco showed minimal adsorption capacity and, in some cases, acted as P sources, highlighting a dual potential depending on stormwater conditions. Adsorption isotherms indicate that the adsorption behavior of fine VSco aligns with the Langmuir model, with a finite and relatively low adsorption capacity. Calculated distribution coefficient (Kd) values for fine VSco ranged from 0.04 to 0.005 L/g, indicating weak adsorption efficiency compared to materials like activated carbon (1–10 L/g) or soils with moderate adsorption capacity (0.1–0.5 L/g). Loss-on-ignition tests confirmed that VSco’s performance is driven by its physical and chemical properties, particularly its calcium content, rather than organic matter. The study emphasizes caution in applying fine VSco for stormwater remediation due to its potential to release P under typical runoff conditions. However, fine VSco may still be viable in specific scenarios where P levels are higher, such as in stormwater hotspots or localized areas with elevated concentrations, allowing for targeted remediation. The research underscores the need for further testing to refine VSco’s applications, particularly in low-impact development (LID) practices, such as infiltration basins and rain gardens, to effectively manage P levels while supporting ecological and aesthetic goals. These findings contribute to understanding the complex role of VSco in urban stormwater systems, offering insights for sustainable water quality management and nutrient cycling in urban landscapes.

Segment Connection Mod E For Stiffening Girder Hoisting Construction Of Long‑Span Steel Truss Girder Suspension Bridge, Shao Guangmiao, Pan Q Uan, Yan Donghuang, Xu Hongsheng

Journal of China & Foreign Highway

In the process of stiffening girder construct ion of a long-span steel truss girder suspension bridge，different connection modes of stiffening girder segments will directly affect the internal force，alignment，and bridge state of the structure during construction.By taking the construction of the stiffening girder of a bridge as the research background，the finite element model of the whole process of the bridge was established.The advantages and disadvantages of the segmented hinge method and the segmented rigid connection method were compared，and the two-two segmented rigid connection scheme was proposed.On this basis，according to the changing law of steel truss section alignment and lower chord opening …

Title Vii & The First Amendment: Perpetuating The Lack Of Asian American Representation In The Entertainment Industry, Mandri Randeniya

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Karimu Hamilton V. Christopher Flanagan

2024 Decisions

USDC for the Eastern District of Pennsylvania

Fine-Scale Spatial Patterns Of Gelatinous Zooplankton In The Northern Gulf Of Alaska, Hannah E. Kepner

Oceanography

The Northern Gulf of Alaska (NGA) is characterized by high variability across spatial and temporal scales. In the NGA, zooplankton are a crucial link between primary production and higher trophic levels. Understanding the mechanisms that structure zooplankton assemblages is important to our overall understanding of ecosystem functioning. Nonetheless, thorough description of zooplankton abundance and distribution patterns is challenging due to the inherent variability and complexity of the marine environment. The study of gelatinous zooplankton is further complicated by the limitations of traditional plankton net sampling methods that are inefficient for the collection of high-resolution spatiotemporal data and often inflict damage …

Creating A Digital House Of Knowledge: Ensuring The Continuation And Integrity Of Indigenous Knowledge Transfers In The Digital Era, Jacquelyn C. Cordova

Indigenous Studies

Traditional Indigenous knowledge transfer systems have contributed to the sustainability of highly advanced Indigenous societies since time immemorial. These systems have been purposefully targeted since European arrival to the Americas in the late 1400s and early 1500s, consequently creating barriers for Indigenous Peoples as they strive to conduct their traditional knowledge transfer processes within their communities. These barriers, paired with the continual rise and use of global technologies, have created circumstances where many Native Elders and Knowledge Keepers experience difficulty reaching their youth and community members to ensure the successful transfer of Indigenous data and knowledge to current and future …

Skid Resistance Detection Technology Of Highway Pavement Based On Tie‑Pavement Coupling Noise, Ye Wei, Chen Fei, Hu Xiaoyang, Xu Zhengwei, Li Liguo

Journal of China & Foreign Highway

In order to improve the skid resistance detection technology of highway pavement，this paper summarized the advantages and disadvantages of the traditional pavement noise measurement methods，adopted the vehicle-following method to collect the tie-pavement coupling noise，and optimized the specific positional parameters of the microphone.The speed correction of the equivalent continuous A-weighted sound level was realized through the fitting of driving speed and equivalent continuous A-weighted sound level.The characteristic signal of the tie-pavement coupling noise was extracted by the principal component analysis method，and it can effectively suppress interference signals such as traffic noise，wind noise，and engine noise.The envelope noise energy （ENE） was obtained by …