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Restoring Sacred Waters: A Guide To Protecting Tribal Non-Consumptive Water Uses In The Colorado River Basin, Julie Nania, Julia Guarino, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Books, Reports, and Studies

105 p. : color illustrations ; 28 cm

Introduction -- Gathering information and starting the process -- Indian federal reserved water rights -- Using Indian federal reserved water rights for instream flows -- Negotiating for non-consumptive uses in settlement agreements -- Protecting non-consumptive uses in tribal water codes -- Other legal tools -- Irrigating for instream flows and traditional plants -- Summary and key points

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Getches Wilkinson Center Newsletter, Winter/Spring 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Non-Emphysematous Chronic Obstructive Pulmonary Disease Is Associated With Diabetes Mellitus, Craig P. Hersh, Barry J. Make, David A. Lynch, R. Graham Barr, Russell P. Bowler, Peter M.A. Calverley, Peter J. Castaldi, Michael H. Cho, Harvey O. Coxson, Dawn L. Demeo, Marilyn G. Foreman, Meilan K. Han, Benjamin J. Harshfield, John E. Hokanson, Sharon Lutz, Joe W. Ramsdell, Elizabeth A. Regan, Stephen I. Rennard, Joyce D. Schroeder, Frank C. Sciurba, Robert M. Steiner, Ruth Tal-Singer, Edwin Van Beek, Edwin K. Silverman, James D. Crapo, Copdgene And Eclipse Investigators

Journal Articles: Pulmonary & Critical Care Med

BACKGROUND: Chronic obstructive pulmonary disease (COPD) has been classically divided into blue bloaters and pink puffers. The utility of these clinical subtypes is unclear. However, the broader distinction between airway-predominant and emphysema-predominant COPD may be clinically relevant. The objective was to define clinical features of emphysema-predominant and non-emphysematous COPD patients.

METHODS: Current and former smokers from the Genetic Epidemiology of COPD Study (COPDGene) had chest computed tomography (CT) scans with quantitative image analysis. Emphysema-predominant COPD was defined by low attenuation area at -950 Hounsfield Units (LAA-950) ≥10%. Non-emphysematous COPD was defined by airflow obstruction with minimal to no emphysema (LAA-950 …

Forecast Of Chinese Investment In Us Shale Gas, Zhizhou Zhu

Electronic Theses and Dissertations

This thesis will make a forecast of the future growth of Chinese investment in the US shale gas industry in the short term (within the next 5 years) and in the long term (in more than 10 years). The thesis's purpose is to study the purpose, trend as well as the impact on China itself in China's recent asset acquisition activities in the US shale gas. Following an introduction to the shale gas development in the US and China, this thesis will make a forecast with the methodology including extrapolation, qualitative analysis, political risk analysis and scenario analysis. The conclusion …

The National Imagination (Spring 2014), Robert D. Tobin, Juan Pablo Rivera

Syllabi

What images make people think of the United States of America? Cowboys? The flag? And are there similar icons in other cultures that help define cultural identity? The National Imagination explores the concept of a national community as constructed and critiqued through literary and cinematic narratives, as well as other cultural texts.

Our underlying premise is that national languages and cultures promote the identity of particular communities. We are interested in examining those subjective expressions of culture—images, symbols, narratives—that lead people to feel that they are members of the communities we call nations. We are also interested in discovering points …

Biotechnology: Can The Transatlantic Trade And Investment Partnership Reconcile Eu And Us Differences On Gmos?, Claude Chereau

Economics & Business Analytics Faculty Publications

The US and EU have announced negotiations for a free trade agreement to be completed by end of 2014. While tariff barriers between the two entities are limited, their trade is encumbered with non-tariff barriers (NTBs), one of them being their diverging approach to genetically modified organisms (GMOs) in the agriculture and food industries. The US operates from a science-based perspective while the EU relies on the precautionary principle. This paper reviews the developments of GMOs in both the US and EU and draws on measures outlined in international organizations and recent trade agreements to explore options for the US …

An Examination Of Federal Sentencing Guidelines’ Treatment Of Mdma (“Ecstacy”), Alyssa Hennig

Belmont Law Review

This Note analyzes the MDMA drug equivalency ratio under the current Guidelines and argues that the ratio is based on incomplete and inaccurate information. Part I of this Note provides an overview of the United States Sentencing Commission (“the Commission”) and the United States Sentencing Guidelines (“the Guidelines”). Part II discusses the rise of MDMA and the legislative response. It also summarizes the Commission’s findings regarding the social and physiological harms of MDMA that formed the basis for the Commission’s decision about the appropriate MDMA drug equivalency ratio. Part III examines the errors in the Commission’s empirical analysis of the …

What Might Have Been: 25 Years Of Robert Bork On The United States Supreme Court, Benjamin Pomerance

Belmont Law Review

This Article tries to briefly attempt an answer to what would have happened if Robert Bork had sat on the Supreme Court bench. Part I examines the backgrounds of Judge Bork and Justice Kennedy, and then studies some of the major cases decided by the Court in four key areas — abortion, freedom of speech, the right to bear arms, and civil rights — during the last twenty-five years. Part II then evaluates the voting record of Justice Kennedy in these cases, as well as the views held by Judge Bork — based on Bork’s own writings, on opinions that …

Health Professionals’ Attitude Towards Substance Abusers : A Part Of The Health Professionals’ Value And Belief System Which Prevails In Society, Ana Gotay

Master in Public Administration Theses

No abstract provided.

Gazing Upon The Goo-Goo Land: Constructions Of The Filipino Identity In U.S. Newspapers, 1898–1904, Shane Donglasan

Theses & ETDs

This thesis examines the relationship between print culture and American imperial endeavors in the Philippines. Specifically, it investigates articles in daily newspapers – the saliency of the American newspaper created a way for the public to encounter the Filipino native through representations formed by colonial actors and observers. The thesis’ individual chapters explore three distinct contexts in which discourses of an emerging imperial-racial framework were translated into the narratives of reportage. The degree to which the medium of the newspaper can replicate ideas, sounds and images created a shared experience and produced widespread stereotypes. Ultimately, these accounts surveyed shaped American …

Troubled Grounds: Florida’S Stand Your Ground Law And The Threat Of Covert Racism Against Blacks In The United States, Alexander Nicoleau

Theses & ETDs

The United States has always had to grapple with its deep-seeded history of racial discrimination against Blacks since the start of the Antebellum era. While the U.S has progressively become more inclusive of Blacks thanks to periods of great reform like Reconstruction, and the Civil Rights Movement, laws that discriminate on the basis of race have transitioned from overt to covert. The Florida Stand Your Ground law has come under fire for being covertly racist against Blacks. The objective of this thesis is it to analyze the history of covert and overt racism in the U.S. and reveal whether or …

Redefining Free Speech: The First Amendment And The 1798 Sedition Act, Christopher Lay

Theses & ETDs

The First Amendment of the United States Constitution guarantees freedom of the press. However, there is evidence that many of the founders did not actually understand “freedom of the press” as the right to criticize the government in print, and did not believe that the Constitution could protect a disobedient press. The right to embarrass the government was not fully understood as a formal civil right in the eighteenth century. It only became one through constitutional innovation. This thesis will analyze two interpretations of “freedom of the press” which emerged during the Sedition Act controversy of 1798-1800, and their origins …

Lost In Translation: Effects Of Language On Native Spanish Speakers’ Understanding Of The Miranda Rights Comprehension Instruments And A Spanish Translation Of The Miranda Rights Comprehension Instruments, Jonah Santiago Pagán

Theses & ETDs

The Latino population faces numerous disparities in the United States criminal justice system as outlined in the first chapter of this thesis. One challenge of special detriment to the Spanish-speaking Latino/a is that of language barriers. Previous research has found numerous associations between Miranda rights comprehension and language barriers, among other factors. The current study explored the effects of language on a prototypical participant sample of native Spanish-speaking Latino/as experiencing different levels of the language barrier disparity in the U.S. judicial and carceral systems. Six participants were administered the Miranda Rights Comprehension Instruments (MRCI), a widely used and well regarded …

Defrosting The Discourse: Cold War U.S. Presidential Rhetoric From Containment To Détente, Anthony Serifsoy

Theses & ETDs

It is well established that Harry S. Truman created a set of confrontational metaphors to describe communism at the beginning of the Cold War. The purpose of this rhetoric was to garner support for his administration’s containment policy. This study explores how this rhetoric evolved past Truman and explains what happened to it when the United States transitioned away from containment and towards détente. In order to achieve the first of these goals, this study traces the replication and development of Truman’s rhetoric by his succeeding Cold War presidents. Here, it finds that while each had his own unique rhetorical …

Economic Inequality And American Voter Participation: A Comprehensive Causal Model, James Tyer

Theses & ETDs

This analysis attempts to create a causal model of the effect that economic inequality has on voter participation in the Unites States. Drawing from current relevant research, this model shows that economic inequality affects voting and other participatory propensities on multiple levels, and across various time frames, all of which produce independent effects. First, economic inequality produces disparities in income, and creates more poor individuals or poorer individuals, producing individual-level participatory declines, and an overall decline on aggregate. Second, economic inequality happens simultaneously with job restructuring, producing a structural reduction in participation from the change in the nature of the …

Model Legislation As A Tool For Policy Diffusion In The United States, Michael Long

Theses & ETDs

Are the political actors that deploy model legislation a well understood mechanism of diffusion? Is model legislation itself a well understood mechanism of diffusion? This thesis intends to better understand the role of model legislation and the actors who deploy it, and begin integrating this mechanism into future research on state policy diffusion. Three case studies of model laws written by the American Legislative Exchange Council, Americans United for Life, and the Progressive States Network demonstrate that both model legislation and the political actors who deploy it play a significant role in the diffusion of state policies. This thesis effectively …

Exploring Anthropology’S Potential As A Catalyst For Reformation In American Pedagogy, Nicole A. Ouellette

Theses & ETDs

In this thesis, I analyze the current state of public education in the United States. I argue that heritage and food are both successful vehicles for learning, and I question why no combination of this sort has been offered to American pedagogy. I explain how I created a series of lesson plans that use this “novel combination” with the intention of teaching fourth grade students in a Florida public school about heritage and preservation. I describe the difficulties that teachers and administration are facing with the adoption of the Common Core State Standards in bringing creativity into the classroom. I …

Walt’S Exceptional Empire: Fordism, Hegemony, And Spectacle At Disney, Thayer Z. Warne

Theses & ETDs

By addressing the legacy of Walt Disney and examining his corporation’s role in the world today, this thesis locates The Walt Disney Company within the narrative of American exceptionalism. Using a variety of both primary and secondary sources as part of its analysis—and dedicating significant attention to the Disney parks’ spatial layout— this thesis evaluates the connection between Disney’s own rendering of exceptionalism and its position as a multinational corporation that operates in a consumption-driven society. In doing so, this thesis touches upon the development of Disney in a post-Fordist economy, focusing on the company’s use of spectacle to promote …

On The Time-Variations Of Okun’S Law And The Effect Of Labor’S Share, Gary Glenwood Baker

Theses & ETDs

In this thesis, I examine the stability in the post-war period of the gap version of the Okun relationship by estimating a time-varying parameter with a Kalman filter algorithm. I then propose labor’s share of income as a cointegrating series for our estimated time-series. Using post-war data for the United States, I find that the Okun coefficient has increased in absolute value significantly since 1980 and that much of the change can be explained by the fall in labor’s share of income during the same time period.

Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin

The University of New Hampshire Law Review

[Excerpt] “President Barack Obama triggered a War Powers Resolution (WPR) controversy with his military response to the anti-government rebellion and civil war in Libya in 2011. Members of Congress seized upon the WPR, questioning whether the Obama administration had complied with the WPR’s requirements when the United States launched the initial Libyan Operation Odyssey Dawn (OOD) and subsequently participated in the North Atlantic Treaty Organization (NATO) Operation Unified Protector (OUP). Many legislators charged that President Obama had violated the WPR. Concerns centered on such issues as presidential reliance on the United Nations (U.N.) Security Council—rather than Congress—for authorization to act, …

Health Care Avoidance Among Rural Populations: Results From A Nationally Representative Survey, Angela M. Spleen, Eugene J. Lengerich, Fabian T. Camacho, Robin C. Vanderpool

Health, Behavior & Society Faculty Publications

BACKGROUND: Previous research suggests that certain populations, including rural residents, exhibit health care avoidant behaviors more frequently than other groups. Additionally, health care avoidance is related to sociodemographics, attitudes, social expectations, ability to pay for care, and prior experiences with providers. However, previous studies have been limited to specific geographic areas, particular health conditions, or by analytic methods.

METHODS: The 2008 Health Information Trends Survey (HINTS) was used to estimate the magnitude of health care avoidance nationally and, while controlling for confounding factors, identify groups of people in the United States who are more likely to avoid health care. Chi-square …

Insider Trading And Other Securities Frauds In The United States: Lessons For Chile, Dante Figueroa

Michigan Business & Entrepreneurial Law Review

This Article is a comparative analysis of insider trading law in the United States and Chile. The study summarily reviews the historical, political, and legal foundations of insider trading regulation in both jurisdictions, identifying areas of convergence, as well as areas in which the Chilean securities market could benefit vis- ` a-vis the more advanced experience of the considerably larger American securities market. The Article also highlights the axiological closeness between both jurisdictions concerning the protection of inside corporate information and the fiduciary role of those who intervene in securities markets in their various capacities (as investors, shareholders, corporate officers, …

Liability And Admission Of Wrongdoing In Public Enforcement Of Law, Samuel W. Buell

Faculty Scholarship

Some judges and scholars have questioned the social value of the standard form in which the Securities and Exchange Commission settles its corporate enforcement actions, including the agency’s use of essentially unreviewed consent decrees that include no admission of liability or wrongdoing. This essay for a symposium on SEC enforcement provides an analysis of the deterrent effects of the three main components of settlements in public enforcement of law: liability, admission, and remedy. The conclusions are the following. All three components have beneficial deterrent effects. Cost considerations nonetheless justify some settlements that dispense with liability or admission, or even both. …

Responding To Agency Avoidance Of Oira, Nina A. Mendelson, Jonathan B. Wiener

Faculty Scholarship

Concerns have recently been raised that US federal agencies may sometimes avoid regulatory review by the White House Office of Information and Regulatory Affairs (OIRA). In this article, we assess the seriousness of such potential avoidance, and we recommend a framework for evaluating potential responses. After summarizing the system of presidential regulatory oversight through OIRA review, we analyze the incentives for agencies to cooperate with or avoid OIRA. We identify a wider array of agency avoidance tactics than has past scholarship, and a wider array of corresponding response options available to OIRA, the President, Congress, and the courts. We argue …

The Bankruptcy-Law Safe Harbor For Derivatives: A Path-Dependence Analysis, Steven L. Schwarcz, Ori Sharon

Faculty Scholarship

U.S. bankruptcy law grants special rights and immunities to creditors in derivatives transactions, including virtually unlimited enforcement rights. This article argues that these rights and immunities result from a form of path dependence, a sequence of industry-lobbied legislative steps, each incremental and in turn serving as apparent justification for the next step, without a rigorous and systematic vetting of the consequences. Because the resulting “safe harbor” has not been fully vetted, its significance and utility should not be taken for granted; and thus regulators, legislators, and other policymakers—whether in the United States or abroad—should not automatically assume, based on its …

Kamakahi V. Asrm: The Egg Donor Price Fixing Litigation, Kimberly D. Krawiec

Faculty Scholarship

In April 2011, Lindsay Kamakahi caused an international stir by suing the American Society for Reproductive Medicine (ASRM), the Society for Assisted Reproductive Technology (SART), SART-member fertility clinics, and a number of egg donor agencies on behalf of herself and other oocyte donors. The suit challenged the ASRM-SART oocyte donor compensation guidelines, which limit payments to egg donors to $5,000 ($10,000 under special circumstances), as an illegal price-fixing agreement in violation of United States antitrust laws.

Ensuing discussion of the case has touched on familiar debates surrounding coercion, commodification, and exploitation. It has also revealed many misconceptions about oocyte donation, …

Intellectual Property Rights: Understanding Policy Formation, Policy Division, And State Action, Wyatt Weisenberg

Theses & ETDs

This thesis portfolio outlines the manner in which intellectual property rights (IPR) policies form, evolve, and are diffused into the international regime. It advances that the formation and evolution of IPR policies occur largely as a function of the economy. This process is evident both domestically and internationally, with a major policy division occurring between industrialized and developing states. This portfolio juxtaposes the evolution of the patent system in the United States of America with increases in economic activity from the Colonial period until 1930. Turning towards the international sphere, this thesis portfolio explicitly details the international IPR policy division …

The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard

Faculty Articles

Lawyers in the United States work in public service, private counseling, and dispute resolution, but many also work outside of traditional legal practice. The million-member American bar, second largest in the world, grows more diverse by gender, and ethnicity and older on average. All members of this learned profession must qualify by education or examination and by proof of good character and fitness before taking an oath to serve as an attorney. Thence, there are few limitations on the form of legal practice, though many law firms require an associateship before an attorney becomes an owner of the firm. Economic …