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Montana Kaimin, April 25, 2024, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.

2024 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Where Do Families Come From? The Law Of Family Definition, Katharine Baker

BYU Law Review

Why does the law recognize families? Sometimes family recognition serves to foster cooperative communities in which sharing norms, more than the market or the government, determine rights and obligations. These communities often take care of dependents and serve as important sources of individual self-determination and pluralism. At other times, family delineation serves a corrective purpose, when it forces family members who are not sharing with each other to do so. At still other times, family delineation serves a distributive purpose, as when the law uses “family” definition to distribute resources to determine an intended beneficiary. This use of “family” for …

Full Issue

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Ordinary Meaning As Last Resort: The Meaning Of "Undue Hardship" In Title Vii, James Phillips

BYU Law Review

Ordinary meaning reigns supreme in modern statutory interpretation. Yet that supremacy can cause an interpreter to miss specialized meaning. And the Supreme Court has never fully clarified when ordinary meaning must give way to specialized or technical meaning.

This Article attempts to provide doctrinal clarification as to when one should use ordinary as opposed to other meanings through putting the doctrinal pieces together in a full and coherent way. That doctrinal clarity leads to a methodological refinement: rather than the starting point, ordinary meaning is the ending point of statutory interpretation.

This Article applies this doctrine and methodology, as well …

Navigating Section Three From Griffin’S Case To The Case Of Couy Griffin: Who Should Decide Its Longstanding Questions?, Austin Carpenter

BYU Law Review

Section Three of the Fourteenth Amendment was a long-dormant constitutional provision enacted to bar former Confederates from political office. Then, as a result of the shocking political violence at the United States Capitol on January 6, 2021, Section Three suddenly found itself resurrected into the national political discussion. Scholars and courts are now grappling with Section Three’s original meaning and modern application to those politicians and office holders whose conduct led to the events on January 6 — events that interrupted the peaceful transfer of power and left a stain on the United States’ democratic tradition.

Yet, use of Section …

Expectation V. Reality: Practical Problems With The Right Of First Refusal As A Defense Against Eminent Domain, Aerin Christensen

BYU Law Review

In the wake of the U.S. Supreme Court’s decision in Kelo v. New London, many states enacted new laws to protect property owners from eminent domain. One possible defense for property owners is a statutory right of first refusal. In theory, this is a common-sense protection that ensures that if property is not needed for a public use, it is returned to the original owner. Unfortunately, in practice a right of first refusal is not always an effective protection for property owners.

The plaintiff’s experience in the Utah case Cardiff Wales, LLC v. Washington County School District demonstrates Utah’s statutory …

The Harm In The Fiduciary Myth, Kelli Alces Williams

BYU Law Review

Fiduciary law has become the doctrine of choice in scholarship aiming to protect vulnerable parties from powerful decisionmakers. But fiduciary law cannot fill all the gaps in those impersonal, public relationships because the beneficiary class is large, disparate, and widely dispersed. Public leaders and decision makers cannot zealously pursue the interests of all parties vulnerable to their decision making and they are often driven by various personal interests in choosing which set of beneficiary interests to prioritize. The persistent myth that leaders of large groups are fiduciaries and that fiduciary obligation is the answer to all power imbalance problems harms …

Inequity In Equities: Spacs And The Expansion Of The Retail Market, Usha Rodrigues, Michael Stegemoller

BYU Law Review

Federal securities law creates a divide between the haves and the have-nots: On one side are the wealthy, who can invest in private companies; on the other side stand the rest of us, noses pressed up against the glass. Ordinary (or retail) investors are on the outside looking in because generally they can only invest in companies after they have gone public. Even the traditional process of going public typically keeps coveted initial public offering (IPO) shares in the hands of the rich. Put differently, even as a private firm debuts on the public markets, the wealthy take their cut …

A Retrospective Analysis Of The Role Of Age And Sex In Outcomes Of Non-Surgical Periodontal Therapy At A Single Academic Dental Center

Faculty, Staff and Student Publications

The present study examined the role of age and sex in the outcomes of non-surgical periodontal therapy (NSPT). De-identified demographic and periodontal characteristics of patients who presented for baseline periodontal evaluation, NSPT, and periodontal re-evaluation were abstracted from electronic health records. Independent associations of age and sex with severe periodontitis defined as ≥ 5 mm clinical attachment loss (CAL) and ≥ 6 mm probing depth (PD) were determined using multinomial logistic regression. The null hypothesis was rejected at α <  0.05. A total of 2866 eligible subjects were included in the analysis. Significantly lower odds of CAL ≤ 4 mm than CAL ≥ 5 mm (reference) were observed in adults aged 35-64 (odds ratio, OR, 0.19; 95% confidence interval, CI 0.13, 0.29) and ≥ 65 years (OR 0.13; 95% CI 0.07, 0.25) compared to those aged 18-34 years. Odds of PD <  4 mm versus PD ≥ 6 mm (reference) were lower in adults aged 35-64 years than those aged 18-34 years (OR 0.71; 95% CI 0.55, 0.90) and higher in females compared to males (OR 1.67; 95% CI 1.14, 2.44). These results suggest more compromised post-NSPT outcomes in older adults and males compared to the respective populations and highlight the need for personalized therapeutic strategies in these populations.

Everyday Amnesia: Residual Memory For High Confidence Misses And Implications For Decision Models Of Recognition, Christopher J. Berry, David R. Shanks

School of Psychology

Despite studying a list of items only minutes earlier, when reencountered in a recognition memory test, undergraduate participants often say with total confidence that they have not studied some of the items before. Such high confidence miss (HCM) responses have been taken as evidence of rapid and complete forgetting and of everyday amnesia (Roediger & Tekin, 2020). We investigated (a) if memory for HCMs is completely lost or whether a residual memory effect exists and (b) whether dominant decision models predict the effect. Participants studied faces (Experiments 1a, 2, and 3) or words (Experiment 1b), then completed a singleitem recognition …

Combining Acoustic Telemetry With Archival Tagging To Investigate The Spatial Dynamic Of The Understudied Pollack, Pollachius Pollachius, Marine Gonse, Martial Laurans, Justus Magin, Tina Odaka, Jean Marc Delouis, Stéphane Martin, François Garren, Coline Lazard, Mickael Drogou, Thomas Stamp, Peter Davies, Alice Hall, Emma Sheehan, Mathieu Woillez

School of Biological and Marine Sciences

Combining fish tracking methods is a promising way of leveraging the strengths of each approach while mitigating their individual weaknesses. Acoustic telemetry provides presence information as the fish move within receiver range, eliminating the need for tag recovery. Archival tags, on the other hand, record environmental variables on tag retrieval, enabling continuous path reconstruction of a fish beyond coastal regions. This study capitalizes on the combination of both methods for geolocating pollack, Pollachius pollachius, an understudied species of the northeast Atlantic, where declining stocks are raising concern. Essential knowledge of population structure and connectivity between essential habitats is critically lacking …

Beyond The Binary: The Transgender Experience At Csb+Sju, Stellarae Ambord, Rachel Lawrence, Rylie Owen

Celebrating Scholarship and Creativity Day (2018-)

Our work focused on two objectives:

1. Examine CSB+SJU campus culture toward and experiences for transgender students.

2. Develop implementable goals for CSB+SJU, the IWL, and individuals to create an accepting environment.

Sun Goes Out Over New Hampshire, Granite Staters Took Note 4/25/2024, Unh Survey Center

All UNH Survey Center Polls

Fifteen percent of New Hampshire residents traveled to get a better look at the April 2024 solar eclipse and another 48% took time out of their day to view. Among those who traveled to see the eclipse, half spent more than five hours traveling but nearly all said they were satisfied with their trip. Many who did not travel to see the eclipse said that traffic was the reason.

Most Mainers Saw The Solar Eclipse, Nearly All Who Traveled Satisfied 4/25/2024, Unh Survey Center

All UNH Survey Center Polls

One in five Mainers traveled outside of their town or city to view the April 8th solar eclipse. About two-thirds of state residents saw only a partial eclipse, but most who traveled to view the eclipse saw a total eclipse.

Sacred Beast, Bryan Pallotta

Electronic Theses and Dissertations Archive

Sacred Beast is a set of three character pieces for wind ensemble. I wanted to capture a wide range of emotions with this work; most specifically, those of excitement, mystery, fury, and mourning. The end result is a raucous balance of deference and violence. I made a conscious effort to develop ideas which suit the wind ensemble’s vast timbral capabilities as well as fill the large spaces in which it would be performed. Movement I: Vulture. This is the longest movement of the piece and broadly consists of two core ideas. The first is a texture of overlapping ostinati and …

Thermal Performance Investigation Of Thermoelectric Cooling System With Various Hot-Side Cooling Methods, Bowo Y. Prasetyo, Parisya P. Rosulindo, Fujen Wang

Makara Journal of Technology

Thermoelectric devices have been widely used in various applications, including cooling and power generation. The potential application of thermoelectric cooling systems has been studied. However, these systems still face challenges in achieving optimal performance compared with other cooling systems. Several factors, including the hot-side cooling method, influence the performance of thermoelectric systems. This study aimed to investigate the effects of different hot-side cooling methods on the thermoelectric performance and thermal behavior of thermoelectric cooling systems. The testing methods involved the combination of the thermoelectric module with five hot-side heat exchangers, including a square heatsink, a round heatsink, a two-pipe heat …

Smokejumper Obituary: Haack, James Joseph “Jim” (Missoula 1967), National Smokejumper Association

Smokejumper Obituaries

No abstract provided.

Evaluating Dimension Reduction And Machine Learning Classifiers For Breast Cancer Prognosis, Tristan Douglas Kennedy

Honors Capstone Projects and Theses

No abstract provided.

An Analysis Of Students' Technology Use, Socioemotional Well-Being, And Mental Health During Covid-19, Grace S. Oswald

Honors Capstone Projects and Theses

No abstract provided.

Developing An Aerosol Database For Understanding Aerosols' Effects On Atmospheric Processes And For Hel Research And Applications, Therese Michelle Parkes

Honors Capstone Projects and Theses

No abstract provided.

Art 399, Jayson Coley

Professional Practices (ART 399)

In my exploration of abstract and portrait photography, I aim to transcend the confines of traditional visual representation, delving into the realm of the intangible and the unseen. Through a careful interplay of light, shadow, form, and color, I strive to capture the essence of emotions, concepts, and fleeting moments that elude direct description. Abstract photography allows me to break free from the constraints of literal interpretation, inviting viewers to embark on a journey of subjective interpretation and personal connection. By distilling the familiar into the unfamiliar, I create compositions that challenge preconceived notions and encourage a contemplative engagement with …

"Drifting Through It All", Jayson Coley

B.A./B.S. Practicum Group Exhibit (ART 499)

In my exploration of abstract and portrait photography, I aim to transcend the confines of traditional visual representation, delving into the realm of the intangible and the unseen. Through a careful interplay of light, shadow, form, and color, I strive to capture the essence of emotions, concepts, and fleeting moments that elude direct description.

Abstract photography allows me to break free from the constraints of literal interpretation, inviting viewers to embark on a journey of subjective interpretation and personal connection. By distilling the familiar into the unfamiliar, I create compositions that challenge preconceived notions and encourage a contemplative engagement with …

Teresa Hill Ba/Bs Drifting Through It All Exhibition Spring 2024, Teresa Hill

B.A./B.S. Practicum Group Exhibit (ART 499)

Among other themes, the idea of nature reclaiming what it had lost to humanity is what has been driving my work recently. The evidence of it appears all around us; wandering past run-down homes with choking vines and knee-high weeds, traveling past old gas stations with rust-covered pillars, even old gardens left in disrepair for the wilderness to take back. I’ve been surrounded by older buildings and lived in places filled with greenery, and the interaction the buildings and plant-life have is so interesting to me. In my eyes, it makes the buildings have a new purpose outside of keeping …

Leo: A Carrier To Help Increase Disaster Evacuation Compliance Among Cat Owners, Anna Lorino

Honors Theses

My thesis project is Leo: a carrier to help increase disaster evacuation compliance among cat owners. It’s focused on creating a product that helps increase disaster evacuation compliance among cat owners. There’s an increase in the severity and frequency of natural disasters and being able to evacuate ahead of time saves lives and resources. However, 20-30% of people choose not to evacuate because they don’t want to leave their pet behind. Cats are of particular interest because they are sensitive to environmental stress and need to be contained. The main reasons cat owners fail to evacuate with their cat is …

Quality Measurement Of Blended Learning Model In Higher Education: Scale Development And Validation, Rajeshwari Panigrahi, Khaliq Lubza Nihar, Neha Singh

Higher Learning Research Communications

Objective: This study aimed to develop and test a scale for measuring the quality of blended learning models in higher education.

Methods: This research adopts a sequential mixed-method approach to construct a new measurement scale. The first phase consisted of the inductive approach to identify the items, followed by exploratory factor analysis. The identified dimensions were tested for reliability and validity in the second phase.

Results: The Blended Learning Quality Assessment (BLQA) contains 4 dimensions: Technology Integration, Pedagogy and Curriculum, Physical Infrastructure, and Educator Proficiency. The scale is comprised of 26 items assessing the quality of blended learning programs in …

Analysis Of Self: A Personal And Professional Journey, Lara Overbeck

Dissertations, Theses, and Projects

Abstract

To satisfy graduation requirements, an Analysis of Self paper was completed. The purpose of the analysis of self is to take an in-depth look at how my background and time in the counseling program has shaped and impacted my professional identity. In this paper, I discuss how my time in the counseling program has impacted me, both personally and professionally. I also explore future career goals and identify plans for continued development.

Keywords: Analysis of self, professional identity, growth