Digital Commons Network^™

Muse 425.01: Technology And Materials, Michael J. Ruybalid

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Musi 102a.23: Performance Study - Trombone, Robert D. Tapper

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Musi 112a.01: University Choir, Stevie J. Hirner

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Musi 112a.02: University Chamber Chorale, Stevie J. Hirner

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Musi 131a.01: Jazz Ensemble I - Jazz Band I, Robert D. Tapper

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Musi 131a.02: Jazz Ensemble I - Jazz Band Ii, Robert D. Tapper

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Musi 195.27: Applied Study I - Trombone, Robert D. Tapper

University of Montana Course Syllabi, 2021-2025

No abstract provided.

Dɛnkyɛm: Identity Development And Negotiation Among 1.5-Generation Ghanaian American Millennials, Jakia Marie

Open Access Publishing Support Funded Articles

Ghanaian immigrants are largely ignored in U.S.-based scholarship. Within this qualitative study, I explored the experiences of 1.5-generation Ghanaian American millennials with the purpose of understanding how they create, negotiate, and re-create identities. Using a phenomenological approach, I examined the experiences of eight individuals to specifically understand the creation and negotiation of national, ethnic, and racial identities in public and private spaces. I argue that the 1.5-generation is uniquely socially positioned and forced to code-switch and adapt based on age, race, and nationality, all while still learning to adjust to living in the U.S. The findings suggest that many individuals …

Assessment Of Dune Change Using Historical Aerial And Satellite Photos, Topographic Surveys, And Wave Data At Toro Creek Beach, Owen D. Emerson

Master's Theses

Coastal sand dunes play an important role in the littoral processes of California’s coastline. Functioning as both source and sink for sand, these dunes often protect coastal infrastructure and provide a buffer between anthropogenic development and coastal forces. At Toro Creek Beach, north of Morro Bay California, recent extreme winter storms have raised concerns about the erosion of the sand dunes that front California State Highway 1. This thesis attempts to characterize the historical growth and recession patterns of the Toro Creek dunes since 1977, the dune movement over the 2023-2024 winter seasons, the wave forcings behind recent high erosion …

Seal Counting On Our Plages (S.C.O.O.P.), Kaanan Kharwa

Master's Theses

The Vertebrate Integrative Physiology (VIP) lab monitors the population of northern elephant seals at the largest mainland breeding colony, located at Piedras Blancas (San Simeon, CA). As the population expands, more human-seal interactions and conflicts over land use occur. The VIP lab's work informs California State Parks and helps with the management of the rookery. Currently, members of the VIP lab fly a drone over the beaches, capture multiple images, and manually count the seals, which takes around 14 to 21 hours of analysis per survey. Machine learning methods such as Convolutional Neural Networks (CNN) and Region-based Convolutional Neural Networks …

“Der Niagara”: Research, Analysis, And Treatment Of A 19th-Century Etching On A Strawboard Support, Jenni Krchak

Art Conservation Master's Projects

“Der Niagara”, an 1850’s etching of Niagara Falls on incredibly thin paper with an un-inked print address, was brought in by the Buffalo and Erie County Public Library (BECPL) for treatment in 2018 to the Garman Art Conservation Department. The print was adhered overall around the perimeter to an unstable strawboard support. Treatment was undertaken to remove the print from the strawboard, address discoloration, planar distortions, tears and losses, and rehouse the print in an appropriate enclosure. Research, visual analysis, and comparison to other copies was used to date the piece and establish it as a proof print. Multimodal imaging …

Coal Ash Triggers An Elevated Temperature Landfill Development: Lessons From The Bristol Virginia Solid Waste Landfill Neighboring Community, Reagan Patton Witt, Marcelo I. Guzman

UK CARES Faculty Publications

Landfills for disposing of solid waste are designed, located, managed, and monitored facili- ties expected to comply with government regulations to prevent contamination of the surrounding environment. After the average life expectancy of a typical landfill (30 to 50 years), a large investment in the construction, operation, final closure, and 30-year monitoring of a new site is needed. In this case study, we provide a holistic explanation of the unexpected development of elevated temperature landfills (ETLFs), such as that in the city of Bristol (United States) on the border of the states of Virginia and Tennessee, including the initial role …

Human Rights Cities: Realizing The Right To Housing At The Municipal Scale, Estair Van Wagner, Alexandra Flynn

UBC Law Review

No abstract provided.

Political Freedom And Economic Constraints: The Political Setting For The Problem Of Twelve, John C. Coates

The University of Chicago Business Law Review

This essay outlines foundations of the current moment facing corporations and politics, which I have characterized as a new “problem of twelve”—that is, the concentration of power in the hands of a small number of index and private equity fund sponsors.1 Through the middle of the twentieth century, public companies dominated the U.S. economy and government. They owed their dominance to having been socially legitimated coming out of the Great Depression, a legitimation built on their affirmative war efforts and on the negative constraints of securities law, progressive taxation, labor unions, and operational regulation. From 1970 on, however, they changed …

The Power To Shape The “Political”, Amanda Shanor

The University of Chicago Business Law Review

The role of corporations in American life has become the focus of intense public and scholarly debate. How do corporations influence political outcomes? What norms or laws should structure corporate political participation? And who should decide what political interventions corporations make? These are vitally important questions that bear on how to deal with the pressing challenges of social media, money in politics, polarization, autocratic threats, and the influence of consolidated capital on governmental and democratic decision-making.

Most conversations about the role of corporations in politics, however, assume a definition of “political.” This key term is commonly taken for granted or …

Kalven For Corporations: Should For-Profit Corporations Adopt Public Statement Policies?, Anthony J. Casey, Tom Ginsburg

The University of Chicago Business Law Review

In the last few years, corporations have been called upon to take public positions on myriad issues unconnected to core business concerns. Demands for public statements may arise from various stakeholders, as well as from the general public and the media. Sometimes such statements are uncontroversial, but other times, firms find themselves in a no-win position, in which both silence and voice will offend some core constituency. Crafting meaningful public-facing statements becomes a major challenge.

In this article, we ask whether these corporations should adopt some form of express upfront policy on when they will and when they will not …

How Did Corporations Get Stuck In Politics And Can They Escape?, Jill E. Fisch, Jeff Schwartz

The University of Chicago Business Law Review

Corporations have always been involved in politics, but today is different. They are taking public positions, either directly or indirectly, on contested political and social issues unrelated to their businesses. In contrast to the conventional wisdom, we argue that this practice, which we term “corporate political posturing,” is problematic. First, it is of dubious value to the corporation and its stakeholders. Corporate political posturing often backfires, it does so unpredictably and potentially catastrophically, and it is particularly susceptible to agency costs. Second, it is harmful to society. The fundamental problem is that corporations are institutionally ill-equipped to take center stage …

Corporate Participation In Social Debates, Anna Toniolo

The University of Chicago Business Law Review

Corporations are increasingly wading into social and political matters that are unrelated to their business operations. This Paper empirically investigates corporate participation in social debates through the corporate response to Dobbs, the Supreme Court’s decision overturning the constitutional right to abortion.

First, the Paper identifies and examines the public companies that reacted to the reversal of Roe v. Wade (“Reacting Companies”). Only a few corporations reacted. On the one side, they tend to be large, with sizeable workforces, concentrated in consumer-facing and tech industries, and headquartered in states with no restrictions on abortion rights. On the other side, they tend …

The Surprising Survival—So Far—Of The Corporate Contribution Ban, Richard Briffault

The University of Chicago Business Law Review

No abstract provided.

Lawbreaking As Lawmaking, Michael S. Kang

The University of Chicago Business Law Review

No abstract provided.

Nonprofit Corporations & Politics: The Entity/Coordination Tension, Lloyd Hitoshi Mayer

The University of Chicago Business Law Review

Federal tax law treats separate nonprofit corporations as distinct legal entities for almost all purposes, in common with most other areas of law. With respect to political activity, this means that one nonprofit corporation’s lobbying or election-related actions are generally not attributed to another nonprofit corporation. This is the case even if the two entities have overlapping or even identical boards of directors. It is also the case even if the two entities collaborate regarding their respective activities and share employees, facilities, outside vendors, and other resources, as long as the entities reasonably allocate the costs for those shared resources. …

Free Markets And Free Speech: Understanding The Limits Of The Noerr-Pennington Doctrine, Mitsoo K. Patel

The University of Chicago Business Law Review

Based in First Amendment principles, the Noerr-Pennington doctrine immunizes parties petitioning the government from antitrust liability, even when such petitioning may be considered anticompetitive. Within the doctrine exists a narrower “sham exception” which eliminates Noerr-Pennington antitrust immunity when petitions are merely shams meant to interfere with a competitor’s business. The Supreme Court has examined the sham exception in two cases which have produced differing standards for when and how to apply it. As a result, circuit courts have had to grapple with this uncertainty and a circuit split has developed as they have disagreed on the proper approach to applying …

Neurological Symptoms And Cause Of Death Among Young Children In Low- And Middle-Income Countries, Sara Ajanovic, Zachary Madewell, Shams El Arifeen, Emily Gurley, Mohammad Zahid Hossain, Kazi Munisul Islam, Afruna Rahman, Nega Assefa, Lola Madrid, R Gunturu

Pathology, East Africa

Importance: The emergence of acute neurological symptoms in children necessitates immediate intervention. Although low- and middle-income countries (LMICs) bear the highest burden of neurological diseases, there is a scarcity of diagnostic and therapeutic resources. Therefore, current understanding of the etiology of neurological emergencies in LMICs relies mainly on clinical diagnoses and verbal autopsies.

Objective: To characterize the association of premortem neurological symptoms and their management with postmortem-confirmed cause of death among children aged younger than 5 years in LMICs and to identify current gaps and improve strategies to enhance child survival.

Design, Setting, and Participants: This cross-sectional …

History & Evolution Of Plastic Mulching Technology: An Ethnography Of California Strawberry Plasticulture, Kalea Conrad

Master's Theses

This ethnography draws on key informant interviews and participant observation to produce a case study about plastic mulching as an important industry standard in specialty crop production. It documents the historic adoption and present role of plastic mulching technology in California strawberry production and addresses the characteristics of commercial standard management that inhibit the adoption of alternative mulching practices. It complements extensive research on strawberry pathology and fumigation, breeding innovations, fertilizer and pesticide treatments, and maximization of yields to incorporate participants’ lived experiences and knowledge of mulch origins, the technology adoption process, mulch benefits and drawbacks, the state of agricultural …

Brigham-Kanner Property Rights Journal, Volume 13, William & Mary Law School

Brigham-Kanner Property Rights Journal

Property and Propriety (or A Well-Ordered Society)

October 26-27, 2023

Panel 1: Property and Propriety (or A Well-Ordered Society): A Tribute to Gregory S. Alexander

Panel 2: Equity's Role in Defining Property Rights

Panel 3: Roundtable: Emerging Issues

Panel 4: The Restatement's Impact on Property Rights

Panel 5: The Scalability of Property Rights

Note

Going "Beyond" Mere Transformation: Warhol And Reconciliation Of The Derivative Work Right And Fair Use, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

The Supreme Court’s recent decision in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith is a watershed moment in the story of copyright jurisprudence. At its broadest, the decision articulates a unified vision — one that had been dormant in the lower court fair use jurisprudence — about the role of copyright and the manner in which to make sense of its effort to balance exclusivity with its myriad limitations. This Essay focuses on how the Court reconciled the working of the statute’s derivative work right with the breadth and reach of the “transformative use” version of the fair …

The National Security Exception At The Wto: Should It Just Be A Matter Of When Members Can Avail Of It? What About How?, Mona Pinchis-Paulsen, Kamal Saggi, Petros C. Mavroidis

Faculty Scholarship

The GATT security exceptions were practically in hibernation until recently. The recent WTO disputes panel activity concerning such exceptions is characterized by a standard of review that places the accent on ‘when’ action should be taken and not so much on ‘what’ action should be taken. We see two problems with this construction. First, the ‘when’ might be a function of privileged information that those possessing it might be unwilling to divulge in a transparent manner. Second, national security is an amorphous concept, and unless we disaggregate it, it is impossible to pronounce the appropriateness of measures adopted to pursue …

Burnout: Half A Century Of Controversy, Renzo Bianchi, Irvin Sam Schonfeld

Publications and Research

Burnout has become a focal point of concern in the contemporary workplace. The syndrome has elicited undiminished interest among occupational health specialists. The World Health Organization defines burnout as a syndrome "resulting from chronic workplace stress." Burnout is said to comprise three components: (i) feelings of energy depletion or exhaustion; (ii) increased mental distance from one’s job, or feelings of negativism or cynicism toward one’s job; and (iii) a sense of ineffectiveness and lack of accomplishment. This definition mirrors the conceptualization of burnout embodied in the Maslach Burnout Inventory (MBI), the ‘gold standard’ for the assessment of burnout. However, controversies …

A Blow To Reunification: How The Supreme Court Of North Carolina’S Ruling In In Re J.M. Eviscerates The Hopes Of Parents In Reunifying With Their Children, John J. Choi

North Carolina Law Review

No abstract provided.

Peer Support For Medical Interpreters: Is Confidentiality A Barrier?, Josie Carballido, Amy Olen, Paulina Lim, W. Hobart Davies, Kristin Nordness

International Journal of Interpreter Education

In this commentary, the authors explore medical interpreters’ views on confidentiality and sharing feelings with other interpreters about emotionally difficult interpreting encounters. Confidentiality is presented as a potential barrier for interpreters seeking peer support for coping with distress related to their work in a hospital. Interpreter insights were gathered in a mixed methods research project. We present a confidentiality training tool that the authors developed in response to interpreter perspectives. The aim of this training tool is to provide a decision-making mechanism for interpreters when they want to access peer support while also respecting legal stipulations and interpreter ethics on …