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Volume 60, Issue 1, 2024 Speaker & Gavel

Speaker & Gavel

Complete digital issue (Volume 60, issue 1, 2024) of Speaker & Gavel.

My Larry Story: Around The Horn, Susan Collie, Randy Cox, Daniel Cronn-Mills, Joel Hefling, Todd T. Holm, Vicki Karns, James Kimble, Lee Mayfield, Karen (Piercy) Morris, Richard Paine, John Perlich, Judy Santacatarina, Dan Smith, Leah White, David Whitt, David Worth

Speaker & Gavel

This article celebrates the life of Larry Schnoor.

Development, Validation, And Reliability Of A New Instrument Of Observation And Technical Evaluation In Karate Athletes, Filipe Ferreira, Rui Miguel Silva, Georgian Badicu, Jarosław Muracki, Bartłomiej Bogdański, Adam Kawczyński

Baltic Journal of Health and Physical Activity

The present study aims to develop and establish the reliability of the System for the Technical Assessment of Kumite (STAK) in karate. Twenty karate fighters aged between 10 and 22 years, consisting of novice and expert athletes participated in the present study. The reliability process focused on three points: i) analysis and evaluation by experts of the content of the observation instrument; ii) analysis and evaluation by expert evaluators of the athletes' performance in each of the chosen techniques; and iii) reliability of the evaluators' observations. The technical evaluation system in karate evaluated the Mawashi Geri, Ura Mawashi Geri, Kizami …

Institutions Matter: How So?, Alper Duman

Markets, Globalization & Development Review

This paper examines the influential theory of Daron Acemoglu, Simon Johnson, and James Robinson (AJR) on the role of institutions in economic development, highlighting its strengths, limitations, and areas for further research. A central contribution of their work is the emphasis on power and conflict in institutional formation and change.

The theory's focus on the interplay between inequality, political power, and institutional change provides a valuable framework for understanding development trajectories. This paper also considers critiques of AJR's work, including the lack of robustness of the positive correlation between inclusive institutions and economic performance in lower-income countries and the significant …

Hanover Insurance Co. V. Hayward: Imposition Of Punitive Damages In Addition To Criminal Sanctions, David P. Silk

Maine Law Review

In Hanover Insurance Co. v. Hayward, the Maine Supreme Judicial Court, sitting as the Law Court, addressed the issue whether punitive damages may be awarded against a defendant who has been criminally convicted for the conduct giving rise to the punitive damages claim. Although it affirmed the superior court's decision not to allow the award of punitive damages, the Law Court concluded that the imposition of criminal sanctions did not by itself bar punitive damages. Instead, the court indicated that criminal punishment is merely one factor to consider in determining whether an award of punitive damages would serve a meaningful …

Boucher V. Maine Employment Security Commission: The Role Of Acceptance In Employment Security Law, Bradley M. Lown

Maine Law Review

The Maine Employment Security Law was enacted in an attempt to limit the serious social consequences of unemployment and to insure individual workers against the distress of involuntary unemployment. Under the law, employees who leave work voluntarily without "good cause" are ineligible for unemployment compensation benefits. Until recently the Maine Supreme Judicial Court had not determined whether a substantial reduction in wages by an employer would constitute good cause to leave work under the "voluntary quit" provision of the law. In Boucher v. Maine Employment Security Commission, however, the Maine Supreme Judicial Court, sitting as the Law Court, determined that …

State V. Curlew: Assessing The Sufficiency Of Evidence Under The Corpus Delicti Rule, Brett D. Baber

Maine Law Review

In State v. Curlew, the Maine Supreme Judicial Court, sitting as the Law Court, reversed a conviction for unlawful sexual contact. The court predicated reversal upon a reaffirmation of both the substantive aspect and the evidentiary aspect of the corpus delicti rule. The substantive aspect of the corpus delicti rule requires the state "to produce, exclusive of any confession or admission by the defendant, such credible evidence as will create a substantial belief that the crime charged has been committed by some person." The evidentiary aspect of the corpus delicti rule requires proof of the corpus delicti prior to the …

Maine's Iolta Proposal: A Source Of Supplemental Funding For Legal Services, J. Gordon Scannell Jr.

Maine Law Review

Lawyers often hold certain client funds for short periods of time. Generally, those funds must be kept separate from funds belonging to the lawyer or law firm. Occasionally the clients' funds are deposited in individual, interest bearing accounts and the interest generated is credited to the particular client, but more often the amount or length of the deposit does not warrant the opening of an individual account and the funds are aggregated in a general, noninterest bearing trust account. A number of states have implemented programs, commonly referred to as Interest on Lawyers' Trust. Accounts (IOLTA), which allow attorneys to …

Local Land Use Controls: An Idea Whose Time Has Passed, Orlando E. Delogu

Maine Law Review

The suggestion that local land use control powers are not working well—that they may not be susceptible to modest but useful reforms or modifications and thus ought to be more drastically altered or abandoned altogether—is not new. Beginning nearly twenty years ago with Richard Babcock's publication of The Zoning Game, the literature and case law in the field is rife with express and implied suggestions that too much land use control power has been given to local governments. More recently Professor Jan Krasnowiecki suggested we abolish zoning, and the New Jersey court in its latest Mount Laurel decision underscored the …

A Quarter Of A Century Of Rulemaking With Particular Attention To The Federal Rules Of Criminal Procedure, Frank J. Remington

Maine Law Review

It is a happy coincidence that Edward Thaxter Gignoux completes twenty-five years on the bench at about the same time that the present rulemaking procedures in the federal system reach their twenty-fifth anniversary. In the quarter of a century of the present system for rulemaking there have been three distinguished chairmen of the Standing Committee—the committee to which there is delegated overall responsibility for rulemaking by the Judicial Conference of the United States. The three chairmen are Senior Circuit Judge Albert Maris, generally thought of as the modern "Father" of federal rulemaking, Senior District Judge Rozell Thomson and the present …

The Constitution At Sea, Louis Henkin

Maine Law Review

Time was when it was assumed that the United States Constitution, like a deity of old, ruled only in its territory and did not apply outside the United States. Since 1957 we know that the Constitution applies wherever the United States exercises authority. If, as the Supreme Court then held, the Constitution governs the acts of the United States in the territory of a foreign state, where the Constitution might be deemed a foreign "intruder" on local sovereignty, it would seem to apply also — indeed a fortiori — to acts of the United States on the high seas, where …

Group Homes For The Mentally Retarded In Maine: Legislative Intent And Administrative Process, James C. Hunt

Maine Law Review

Historically, mentally retarded citizens of Maine have been confined to Pineland Center, the state's principal institution for the mentally retarded. In 1975 a class action suit, Wuori v. Zitnay, was filed in federal district court on behalf of "involuntarily confined" Pineland residents and "conditionally released" residents "in need of care . . . in a humane and healthful . . . environment." Three years later agencies and officials of the State of Maine entered into a consent judgment which laid down a "comprehensive plan designed to bring about speedy and meaningful relief" to the plaintiff class. The relief granted was …

Personal Injury Compensation As A Tax Preference, Lawrence A. Frolik

Maine Law Review

Samuel Johnson tells us "[d]epend on it, sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully." Projected federal budget deficits in the realm of $200 billion a year for the foreseeable future ought to have a similar effect: a concentration on means of reducing these unacceptable deficits. The simple answer is either to spend less or tax more, or perhaps, a bit of both. If we choose to tax more, we must either raise tax rates or widen the tax base, or both. The former, a general rise in tax rates, …

In Re Daniel C.: Reunification Efforts And The Termination Of Parental Rights, James W. Claus

Maine Law Review

In In re Daniel C., the Maine Supreme Judicial Court, sitting as the Law Court, affirmed an order terminating a father's parental rights pursuant to title 22, section 4055 of the Maine Revised Statutes. The issue on appeal concerned the effect of a failure by the Department of Human Services (DHS) to make efforts toward family reunification. The appellant, Daniel C.'s father, Everett Co., argued that the DHS failed to make adequate reunification efforts as required by title 22, section 4041 of the Maine Revised Statutes and that this failure precluded the termination of his parental rights. The Law Court …

In Re Caulk: A Prisoner's Right To Die—The Factor Of Intent, Laurence H. Leavitt

Maine Law Review

In prisons throughout the United States, prisoners commonly use hunger strikes as an avenue of protest to make personal demands, to call attention to poor prison conditions, or to make various political statements. Prisoners typically choose this route because they view their own bodies as one of the few things over which they actually have control and because the extreme slowness of a hunger strike gives others the chance to meet their political or personal demands. When confronted with such attempts at starvation, prison officials almost invariably have resorted to force-feeding the hunger strikers, although in recent years some prison …

Public School Integration Of Children With Handicaps After Smith V. Robinson: "Separate But Equal" Revisited?, Robert J. Goodwin

Maine Law Review

Under the direction of Chief Justice Burger the United States Supreme Court has issued several opinions limiting the availability of federal causes of action. While one benefit of this trend may be a reduction in the volume of federal litigation, the costs may include the limitation of substantive federal rights. The recent Supreme Court decision in Smith v. Robinson narrowly construed the availability of certain federal causes of action, and it illustrates how such a ruling, although procedural on its surface, in reality can operate to erode substantive rights. In Smith the Court concluded that a handicapped child could not …

Food Deserts, Socioeconomic Status, And Health In The City Of Detroit, Nolan Booth

Rushton Journal of Undergraduate Humanities Research

While many attribute health disparities in Detroit residents to the phenomenon of food deserts, this essay takes a closer look at such a seemingly obvious explanation and critically examines the concept of food deserts. This essay argues that the commonly held definition of food desert is inadequate for describing the complexities of a setting such as Detroit, and the true cause of the health disparities between the city and surrounding suburbs can be attributed to the lower socioeconomic status of the average Detroit resident, itself a product of racist housing policies and segregationist laws.

The Implications Of Jack Kerouac’S Modern Flâneur In On The Road, Jane Valente

Rushton Journal of Undergraduate Humanities Research

­­­­Post-World War II society became increasingly reliant on automobiles as the primary mode of transportation in the United States, fostering conditions that gave birth to a modern reconceptualization of the flâneur. Jack Kerouac’s On the Road serves as a reference for character analysis, continuing and revising the Parisian origins of the concept. Drawing from literary works such as Virginia Woolf’s Street Haunting and Sherman Young’s essay “Morphings and Ur-Forms,” this essay argues that the protagonist of On the Road, Sal Paradise, embodies a uniquely American flâneur.

The Maiden’S Tower Of Femininity, Amrita Dhar

Rushton Journal of Undergraduate Humanities Research

This paper examines portrayals of femininity within “Maiden in the Tower” tales. It analyzes the means by which maturation, sexuality, reproduction, and female agency contribute to the shaping of femininity. Via Petrosinella by Giambattista Basile, Rapunzel by the Brothers Grimm, and Tangled by Disney, the paper explores how variations portray historically unique interpretations of ideal, female traits that defy common assumptions. The evolution of perspectives across “Maiden in the Tower” tales help us grasp how gender ideologies are communicated and how women are socialized.

Political Posters, Periperformativity, And Power: An Analysis Of The Connections Between An Activist Movement's Image And Sound, Adeline Navarro

Rushton Journal of Undergraduate Humanities Research

This essay argues that we can gain a better understanding of the relationship between ACT UP’s image and sound, specifically its political posters and subsequent chants, by using Eve Kosofsky Sedgwick’s theory of periperformativity to examine the periperformative dimension of these chants and thus the power they lend ACT UP members during civil disobedience demonstrations. Second, it argues that the periperformative has the capacity to register historical change because it is an instance of, we-work.

Ballroom: An Exploration Of Queer Survival And Self-Sufficiency, Jet Mezini

Rushton Journal of Undergraduate Humanities Research

The AIDs epidemic and its disinformation alienated queer people from U.S culture. As a result, queer people, especially queer people of color, began meeting together to express their self-made culture, a series of competitions among themselves, the underground scene of “ballroom.” Ballroom reveled in self-awareness and bordered on satire, being inspired by Western standards that were unable to be applied to a queer populous. This essay will analyze these cultural norms, understanding how they served as methods of reclamation for queer people, and how ballroom evolved to reflect social progression.

The Blm's Public Lands Rule And "Periodic Adjustments In Use To Conform To Changing Needs And Conditions" Under The Federal Land Policy And Management Act, Jamie Pleune

Pace Environmental Law Review

On May 9, 2024, the Bureau of Land Management (BLM) finalized new regulations, cumulatively referred to as the “Public Lands Rule.” According to the preamble for the rule, the purpose of the regulations is “to advance the BLM’s multiple use and sustained yield mission by prioritizing the health and resilience of ecosystems across public lands.” When making land management decisions, the definition of multiple use requires the BLM to take into account “the long-term needs of future generations.” Those resource needs include “recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values.” Despite this directive, …

Exfoliated Hydrotalcite-Transition Metal Complex Composite For Eco-Friendly And Efficient Catalytic Degradation Of 4-Nitrophenol, Sidra Khan, Najma Memon, Saima Q. Memon, Yilmaz Yurekli

Karbala International Journal of Modern Science

Nitrophenols are notorious aquatic organic contaminants found as degradation products of various parent compounds, including pesticides and industrial chemicals that persist in the environment and must be removed. Catalytic degradation is one of the feasible routes to clean the contaminated water systems, however, environmental contamination with catalysts is also widespread. Herein, we report an environmentally friendly catalyst based on composited Fe-Schiff’s base with exfoliated layered double hydroxides (LDH) of aluminum and nickel (hydrotalcite). The composite showed agglomerated pleated LDH structures sheathed with Fe(III)SB. Nitrogen adsorption isotherm data exhibited improved surface area and narrow pores patterns for composite as compared to …

Defined-Trust Transport Protocol For Limited Domains, Kathleen Nichols

Defensive Publications Series

The Defined-trust Transport (DeftT) is designed to provide secure, default-deny networking for closed communities with dynamic membership and a collection-based construct that is efficient on broadcast media. Such closed communities, also known as limited domains [LDCCR], are frequently used in Operational Technology (OT) networking, in particular , in Critical Infrastructure uses. DeftT is designed to express and enforce application- and deployment-specific integrity, authentication, access control and behavior constraints directly in its protocol modules. It enables secure and completely self-contained (e.g., no external identity servers or certificate authorities) overlay networks where credentialed members can join and leave at any time. Security …

An Examination Of The Impact Of A Dishonorable Discharge Upon Second Amendment Rights., Heidi Timmerman

Lincoln Memorial University Law Review Archive

I participated in multiple court-martials and administrative discharges during my time of active-duty military service, primarily representing the servicemember’s command. Twenty years later, a federal criminal law course in law school drew my attention to specific consequences of military discharges. This article explores U.S. discharge policies, practices, consequences of discharge types, and the possible recourse paths. This examination started with research on discharge impacts on one’s Second Amendment right to bear arms; however, an array of discharge impacts emerged.While the U.S. Code provides discharge guidelines, each branch of the U.S. military is given a wide berth in application of the …

The Complete Genome Sequence Of Splendidofilaria Pectoralis (Onchocercidae, Rhabditida, Chromadorea, Nematoda), Andrew Sweet, Robert E. Wilson, Jack Reakoff, Sarah A. Sonsthagen, Colleen Hurst, Stacy Pirro

School of Natural Resources: Faculty Publications

We present the complete genome sequence of Splendidofilaria pectoralis, a nematode parasite of grouse (Aves: Galliformes: Tetraonini). Illumina paired-end reads were assembled by a de novo method followed by a finishing step. The raw and assembled data are publicly available via GenBank: Sequence Read Archive (SRR28509439) and assembled genome (JBFSWT000000000).

Adolescent Dieting And Eating Disorders: Considerations For Counselors, Josephine Sticha

Counselor Education Capstones

A crucial time for an individual’s development is during adolescence. During this developmental stage, the media, social influences, and cultural pressures contribute to a teenager’s body dissatisfaction and disordered eating habits. Nearly 22% of adolescents engage in unhealthy weight-loss behaviors such as skipping meals, fad diets, excessive exercise, and dangerous purging practices due to experiencing weight and body dissatisfaction (Whyte & Findlay, 2004). Other factors such as low self-esteem, peer pressure, and the desire for increased social status have been known to exacerbate these behaviors. Dieting practices intensify these risks and increase the likelihood of developing nutritional deficiencies and eating …

The Small Business Killer: How Fincen Enforcement Of The Cta Could Destroy The Last Bastion Of The American Dream., Samantha M. Alecozay

Lincoln Memorial University Law Review Archive

This article addresses an urgent matter regarding the possible repercussions of FinCEN enforcement of the Corporate Transparency Act (“CTA”) against small businesses. The CTA, passed into law in 2021 and made effective January 1, 2024, mandates the creation of a nationwide database that collects owner information of certain legal entities to help prevent money laundering and other illicit financial activities. Further, a legal entity’s failure to comply with the statute may result in civil penalties of up to $591 per day of violation and even criminal penalties.As of January 1, 2024, tens of millions of small businesses in the U.S. …

Constructing And Testing Of Photomultiplier Tubes For Coincidence Experiments, Christepher Zamora

Physics Capstone Projects

Muons are particles that can be created by the collision and decay of cosmic rays with the upper atmosphere. Many detectors have been manufactured to detect these particles. This paper describes how muons can be detected. It details the process of constructing and testing of scintillation photomultiplier tubes. This paper also details what was observed during the construction and what was done by the experimenter to correct perceived issues.

From Beating Students Down To Building Students Up: Eradicating The School-To-Prison Pipeline, Aubrian Sanders

Lincoln Memorial University Law Review Archive

This note examines the school-to-prison pipeline, its impact on minority children, and strategies for its elimination. The school-to-prison pipeline systematically removes minority children from the classroom. This process facilitates their entry into the justice system through school punishments, the use of school resource officers, and the harsh conditions of the juvenile justice system which has devastating effects on the minority youths in America. To correct this problem, action must be taken at every step along the pipeline to completely alter the behavior that destines the minority youth of America to incarceration. These key steps include reforming school discipline, removing school …