bluuebunny/crossref_metadata_2025 huggingface dataset:
Nursing Leadership: A Concept Analysis
Authors: Qtait Mohammad
Published: January 2023

Background: Nursing is a demanding career that needs strong role models and mentors who can motivate and inspire their colleagues.
Aims: The study's overarching objective was to conduct a conceptual review of nursing administration.
Design: Concept analysis using (Walker and Avant’s, 2005) concept analysis method, and review of the literature was conducted using several databases, “nursing leadership”, “nursing” & “leadership”, “nurse” & “leadership” were searched as keywords.
Data sources: PubMed, CINAHL and Google Scholar.
Result: Leadership attributes in nursing were found in this study as self-improvement, teamwork, nursing excellence, creative problem solution, and sway. As with any profession, nursing leadership is predicated on the individual's development, the establishment of trustworthy relationships, and the absolute necessity of the position itself. Many positive outcomes emerged, including higher levels of nursing productivity, the creation of a more cooperative workplace, and increased satisfaction with one has chosen career path.
Conclusion: The findings from this research demonstrate the efficacy of nurse leadership. The results also provide theoretical backing for the contention that nurses of all stripes would benefit from taking leadership training.
EFEKTIVITAS ANTIVIRUS OSELTAMIVIR PADA SUBJEK COVID-19 DENGAN ATAU TANPA PENYAKIT PENYERTA DI PUSKESMAS ARUT SELATAN – PANGKALAN BUN
Authors:   Program Studi Magister Farmasi Klinis, Fakultas Farmasi, Universitas Surabaya, Ardiani Soufia , Rahem Abdul ,   Departemen Farmasi Praktis, Fakultas Farmasi, Universitas Airlangga, Purnamayanti Anita ,   Laboratorium Klinis Komunitas, Fakultas Farmasi, Universitas Surabaya
Published: January 2023

South Arut occupies the highest position with 51.55% of the total COVID-19 cases in Kota Waringin Barat, Central Borneo. The purpose of the study was to determine patient characteristics and analyze the effectiveness of oseltamivir in COVID-19 patients. The research design was an observational study and data collected retrospectively. Inclusion criteria were COVID-19 subjects with or without comorbidities and outpatient treatment at the Arut Selatan, Pangkalan-Bun Health Center who were given Oseltamivir. Parameters of therapeutic effectiveness were measured by the WHO Clinical Progression Scale consisting of 5 levels of clinical condition of patients with a score range of 0 (uninfected) – 10 (died). Data analysis was descriptively grouped according to clinical progression scale scores. The results of the study of 107 subjects were mostly male (56.1%) and aged 26-45 years (34.6%). The clinical results of therapy were 0.9% of subjects recovered with negative swab results (score 0), 98.2% improved (score 1), and 0.9% died (score 10). There were no subjects who needed to be referred to the hospital, Self-quarantine of 8-15 days showed 96 (89.7%) subjects experienced clinical improvement, symptoms free, and swab results were negative. It could be concluded that oseltamivir was effective for mild Covid-19 subjects in South Arut, Pangkalan Bun, Kota Waringin, Central Borneo.
Moral Representation of Animals in Arabic and English Children’s Short Stories: A Cognitive Stylistic Approach
Authors: Muhammad Duha
Published: January 2023

This paper investigates the moral representation of animals in two English and Arabic short stories from a cognitive stylistic (CS) perspective. Animal stories appear in a variety of forms, but all include one or more type of animals as the focus of the story. Authors of children literature use animal characters to convey moral ideas through analogy, ideas that would have greater impact than if child characters were presented. CS is the interface between linguistics, literary studies and cognitive science. It deals with the cognitive processes which influence text interpretation during the act of reading. It takes into account both the formal features of language and the nonlinguistic context of the readers in constructing meaning out of a text. The analysis in this paper is conducted through schema theory. The filling-in of textual gaps with one’s own cognitive knowledge is the basic premise behind schema theory. The hallmark of schema theory is that interpreting any kind of fiction relies on the reader’s background knowledge. When reading a text, readers interpret what is presented by supplying their own knowledge of the world. The analysis tackles the examination of both the thematic and technical tools that are employed by the writers of animal short stories to instill morals in the minds and cognitions of the child readers. The two short stories analyzed are; "Finding Nemo" by Andrew Stanton, and an Arabic one entitled "??????? ????? ?????" " kat?k?t? ????? mrt?n "(Katakito errs twice) by Nabil Farouk. The analysis yields the conclusion that the schema of any person, whether the writer or the child reader, is culturally and naturally affected.
Analysis of wetland Birds as seen in Yamuna river at Okhla (Delhi), Faridabad and Palwal Districts in Haryana, India
Authors: Chand Gupta Rohtash , Chandna Priyanka , Kaushik Tirshem Kumar
Published: January 2023

The present studies were done during 2008-11 for the observations of wetland birds in River Yamuna at Okhla (Delhi), Faridabad and Palwal districts in Haryana.  Visits were made in an irregular manner. In all 2 visits were made at Faridabad; village Chandhat nearby Palwal and at Hodal nearby village Kulena. It is pertinent to mention that few visits were made in winter season at Okhla barrage in New Delhi. In all, 60 species were recorded belonging to 8 orders and 14 families. Out of these 60 species of wetland birds, 35 were winter migratory, 11 local migratory and 11 species of birds were resident. The specific wetland birds specific to Yamuna River between “Delhi-Faridabad-Palwal” segments include Ferruginous Pochard Aythya nyroca, Black-headed Gull Larus ridibundus, Greater Scaup Aythya marila, River Tern Sterna aurantia and Pallas Gull Larus ichthyaetus. Other popular wetland birds include, amongst others, Mallard Anas platyrhynchos, Northern Pintail Anas acuta, Northern Shoveller Anas clypeata, Red-crested Pochard Rhodonessa rufina, Common Pochard Aythya ferina, Tufted Pochard Aythya fuligula, Bar-headed Goose Anser indicus, Greylag Goose Anser anser, Brahminy Shelduck Tadorna ferruginea, Gadwall Anas strepera, Eurasian Wigeon Anas penelope, White-tailed Lapwing Vanellus leucurus, Ruff Philomachus pugnax, Common Greenshank Tringa nebularia, Pallas Gull Larus ichthyaetus, Painted Stork Mycteria leucocephala, Open-billed Stork Anastomus oscitans, White-necked Stork Ciconia episcopus, Eurasian Spoonbill Platalea leucorodia, Black tailed Godwit Limosa limosa, Wood Sandpiper Tringa glareola,  Little Stint Calidris minuta, Common Redshank Tringa totanus, Spotted Redshank Tringa erythropus and  Pied Avocet Recurivirostra avosetta.Black-headed Gulls were seen in thousands followed by Greylag Goose Anser anser, Northern Shoveller, Northern Pintail etc. Minimum number noticed were those of Greater Scaup, Ferruginous Pochards etc. Resident wetland birds include Little Cormorants Phalacrocorax niger, Median Cormorants Phalacrocorax fuscicollis, Large Cormorants Phalacrocorax carbo , Pond Herons Ardeola grayii, Night Herons Nycticorax nycticorax, Black winged Stilts Himantopus himantopus, Common Moorhens Gallinula chloropus, Bronze-winged Jacana Metopidius indicus, Red-wattled Lapwing Vanellus indicus, Grey Herons Ardea cinerea, large Egrets Ardea alba and Median Egrets Mesophoyx intermedia. However, Grey Herons were seen only in 2-3 numbers. It seems that most of the popular migratory birds, perhaps, prefer Jheels, Lakes, Barrages compared to Yamuna river stream. Birds in Yamuna are not continuous in their availability. Rather birds are encountered at specific spots only in a given segment. Painted Storks were seen in 1or 2 and that too in the vicinity of Yamuna region rather than its stream of water. However, birds were seen in innumerous numbers at Okhla Barrage in Yamuna River nearby Delhi.
Establishment of population of introduced brown trout (Salmo trutta) co-related to their feeding habits in river Asiganga, district Uttarkashi, Uttarakhand
Authors: Thapliyal Madhu , Barthwal Madhu , Chandra Tribhuwan , Bahuguna S.N . , Bhatt J.P. , Thapliyal Ashish
Published: January 2023

Uttarakhand is considered as one of the freshwater fish biodiversity zone within India and the aquatic biodiversity here is threatened primarily due to anthropogenic activity and introduction of non-native fishes.  Colonization and invasion of new aquatic habitats are common in nature as a result of climatic or geotectonic events but humans provide additional artificial pathways by which introduced non-native fishes can overcome biogeographic barriers. Here, in this paper, we assessed the i) factors assisting establishment of introduced brown trout’s (Salmo-trutta) population in river Asiganga and other fresh water systems in district Uttarakashi, ii) attributes of brown trout’s dietary habits that are helping them establish their population by analyzing the stomach contents of brown trout and, iii) food preferences of brown trout. As evident from our studies it is found that fish fingerlings is the food of choice and based on the morphometric assessment most of these fingerlings being preferred as food are that of an endemic species Schizothorax.  Brown trout does eat benthos but Selectivity Index data suggest that these benthos are not a preference but lie in the neutral zone as most of the values are between -0.25 to 0.25. Different feeding preferences and reduced water level in pockets of rivers for long distance migration, seems to be major factor in establishment and spread of brown trout which in turn is threatening the endemic fish species of Uttarakhand.
Study of ichthyofauna diversity of Dejla Dewada reservoir from Bhagwanpura Tehsil, M.P.
Authors: Pathak S.K. , Kshetre Sandhya
Published: January 2023

The present study deal with identify the ichthyofauna presented in Dejla Dewada reservoir.  West Nimar (Khargone).  is one of the district of M.P.. The dejla dewada reservoir is situated on the river kunda, near village Bhagwanpura about 35 Kms. away from the district head quarter of West Nimar (Khargone). The geographical position of this reservoir latitude 21- 36'-45" and longitude is 75- 37'-30". It is man made reservoir made in 1986-87 with the help of world bank. It is situated 369.56 M above the mean sea level. In all 28 species belonging to 5 order and 9 families have been found in this reservoir. The study gives initial information about fish production of reservoir.
Studies of Ground water quality assessment at industrial belt of Kashipur, Uttarakhand, India
Authors: Sharma R. K. , Siddiqui Nihal A , Gautam Ashutosh , Khati Sarang
Published: January 2023

Pollution of ground water is one of the areas of major concern to environmentalists. Water quality is an index of health and well being of a society. Industrialisation, urbanisation and modern agriculture practices have direct impact on ground water resources. These factors influence the ground water quantitatively and qualitatively. Ground water is an important source of potable water supply for Kashipur as well as adjoined areas of the U S Nagar district for all purposes. Ten different locations were selected for the study and compared. Attempts were made to study and analyze the physico-chemical characteristics of the water. The parameters studied were temperature, pH, total alkalinity, total hardness, chloride, sulphate, total dissolved solids, calcium, magnesium and conductivity. By observing the result it can be concluded that the parameters which were taken for study the water quality are below the pollution level for ground water which satisfy the requirement for the use of various purposes like domestic, agricultural, industrial etc in Kashipur area.
Trend of Guest Visit Rate in 2019 at Pagaralam (Case Study of Dharma Karya Hotel and Dempo Hotel)
Authors: Hariman Hariman
Published: January 2023

The number of hotel guests has a positive impact on the number of tourists visiting tourist attractions in Pagar Alam.This study analyzed data on the realization of the number of visitors at Dharma Karya Hotel and Gunung Dempo Hotel in 2019. The number of visitors staying in 2019 was highest in June and there was a steady number of visitors at Dharma Karya Hotel, thus contributing positively to tourism in Pagar Alam.the highest number of visitors staying in 2019 was in January.Guests staying at Gunung Dempo Hotel are domestic tourists and foreign tourists.The number of visitors staying relatively with a total of high total visits compared to Dharma Karya Hotel.

Keywords: Trends,Visit rate, Hotel, Pagar alam
Uma sequência de triângulos padronizados: Geometria Fractal na formação de professores dos Anos Iniciais
Authors: Leivas José Carlos Pinto , Soares Gabriel de Oliveira
Published: January 2023

Neste artigo, apresenta-se uma pesquisa qualitativa que foi aplicada com seis estudantes de um curso de formação continuada, em um mestrado profissionalizante em ensino de Ciências e Matemática voltado a pedagogos, em uma aula realizada de modo remoto. O estudo teve por objetivo evidenciar como explorar recursos materiais existentes no ambiente domiciliar para construir o Triângulo de Sierpinski, a fim de obter sequências e padrões a partir de elementos do referido ente geométrico. Em função dos participantes atuarem nos Anos Iniciais do Ensino Fundamental, precisavam analisar objetivos e habilidades constantes da Base Nacional Curricular Comum, bem como indicar possibilidades de a atividade proposta em aula ser replicada com seus alunos. Os resultados mostraram que os indivíduos realizaram as construções e reconheceram elementos dos triângulos, além de realizar cálculos de perímetros e áreas e reconhecer padrões nas sequências obtidas.
Maybe Oil and Water Should Mix - At Least In Texas Law: An Analysis of Current Problems With Texas Ground Water Law and How Established Oil and Gas Law Could Provide Appropriate Solutions
Authors: McCleskey Robert A.
Published: January 2023

If oil were involved, rather than water, Texas law provides the landowner absolute ownership of all the oil and gas in place beneath his land. However, the Texas' Railroad Commission requires a permit before drilling operations begin, enforces spacing rules, and sets production limits designed to maximize the overall production from the reservoir and enforce the correlative rights of neighbors. The Railroad Commission also makes and enforces rules to minimize waste and environmental damage. These rules sound like Arizona's "reasonable use" doctrine for ground water; the concepts are familiar to Texas legislators, Texas courts and to Texas property owners. Using the State's police powers in such a regulatory scheme has already been tested in Texas courts in oil and gas regulation, and a centralized state agency such as the Texas Water Commission offers advantages in cost and expertise. The application of the reasonable use doctrine to ground water appears to be the best alternative.
Noncompetes, Human Capital, and Contract Formation: What Employment Law Can Learn From Family Law
Authors: Arnow-Richman Rachel
Published: January 2023

Despite historical attention to such issues, the current approach to noncompete enforcement has been consistently criticized from a range of perspectives for not appropriately protecting the interests of either party. In Part II of this Essay, I take those criticisms as my starting point, discussing contemporary changes in the labor economy and in the popular expectations surrounding employment relationships that challenge the existing doctrinal test. In Parts III and IV, I consider possible changes to the doctrine, focusing primarily on the trend toward greater recognition of the contractual force of premarital agreements between spouses. In so doing, I use the "ultimate relational contract" to advocate for greater attention to formalities in the "penultimate relational contract."'
International Asian Adoption: In The Best Interest of the Child?
Authors: Bergquist Kathleen Ja Sook
Published: January 2023

The purpose of this Paper is to examine the sociopolitical assumptions and implications that are inherent in the placing of children in the diaspora as involuntary immigrants, and whether in fact it is the best interests of the children that are considered. Asian adoption is herein positioned within the history of international adoption, transracial adoption, and shifting parental motivations for adoption.
The Common Law of Contracts: Are Broad Principles Better Than Detailed Rules? An Empirical Investigation
Authors: Ellinghaus M. P. , Wright E. W.
Published: January 2023

In this Article we are not endeavouring to engage in the debate at the level of theory. Rather, we are responding to the absence of any empirical verification of the assumptions on which the theory proceeds. Whether broad principles or detailed rules produce more just or more predictable outcomes is a question that has largely been left to the realm of speculative analysis. Additionally, no empirical studies have been conducted despite commentators' occasional requests for them.
In this Article we report the results of three experiments involving the participation of 1800 subjects (law students and non-law students) in the resolution of disputes and the evaluation of judgments, using three different law models: (1) the common law of contracts (Case Law); (2) UNIDROIT Principles of International Commercial Contracts, a model code published by the International Institute for the Unification of Private Law in 1994 (UPICC); (3) the Australian Contract Code, a model code, written by us, and published by the Law Reform Commission of Victoria in 1992 (ACC). The research on which this Article is based was prompted by our interest in the codification of Australian contract law. In order to demonstrate its relevance to the jurisprudential debate, it is necessary to give some description of each of these three models.
Robert J. Pothier's Influence on the Common Law of Contract
Authors: Perillo Joseph M.
Published: January 2023

When I started this paper, I had a four-part thesis, which I since have had to amend significantly. The thesis was: first, that Robert Joseph Pothier's writings had an enormous influence on the development of the Common Law of contract. Second, that his influence in England was mediated by decisions made and treatises written in the United States. Third, that his role was to pass on the wisdom of ancient Rome to the Anglo-American system. And fourth, that his influence was largely unknown. I have discovered that the first part of this thesis was not only correct, but that his influence was greater than I had imagined.
Did We Lose the Baby with the Bath Water? The Late Scholastic Contribution to the Common Law of Contracts
Authors: Doris Martin J.
Published: January 2023

Whilst the materialisation of contract law during the latter part of the twentieth century has arguably reduced the theories of freedom and autonomy of private contract to "mere venerable principles which, on Sunday preaching, inspire much reverence in the hearts of the congregation, but leave their lives blissfully unaffected during the rest of the week," the common law of contract has remained in something of a thrall to the mantra of freedom of contract for much of the previous century.
What do we know of the origins and development of the will theory in the common law of contracts?
Stories That Make the Law Free: Literature as a Bridge Between the Law and the Culture in Which It Must Exist
Authors: Lorillard Christine Metteer
Published: January 2023

In this paper, I will examine how literature, by telling stories and examining their meaning, allows us to make the law free, by seeing it in its cultural context. I take, as a specific example Barbara Kingsolver's novel, Pigs in Heaven, as it explores the cultural dialectic underlying application of the Indian Child Welfare Act.
The Narrative Compels the Result
Authors: Callinan I.D.F.
Published: January 2023

Theory has it that the best evidence-that is to say, the best narrative- determines the result. This theory is rarely questioned. But, what determines the narrative? The capacity of litigants for self-justification is almost limitless. That is why independent witnesses are so important. They are innocent, it is said, of self-justification. True, but only partly true: what about their attentiveness at the time; their powers of observation; their desire for relevance, or importance, or even notoriety; their delight in their day in court; their recall and ability to understand the questions and to give an unexaggerated and accurate account of what they read, saw, or heard. The judge, however, is not confined to these.
Harry Potter and the Law
Authors: Thomas Jeffrey E. , Smith James Charles , Wright Danaya , Barton Benjamin H. , Schwabach Aaron
Published: January 2023

This collection of essays about the law and Harry Potter explores the intersections between law, culture, and the Harry Potter stories. The collection begins with a group of essays, consistent with some of the previous legal literature, about the limitations of law and legal institutions as depicted in the Harry Potter narratives. The essays by James Charles Smith and Danaya Wright begin by considering the depiction of families in the narratives, and show the limited role of law for family relationships. The essay by Benjamin H. Barton considers a more legalistic institution, the Ministry of Magic, an institution depicted with major failings. The essay by Aaron Schwabach looks at the operation of the legal system through the lens of the "Unforgivable curses" and contends that they show an arbitrariness contrary to the rule of law. Similarly, Joel Fishman's essay explores the arbitrariness of punishment in the narratives.
A second essay by James Charles Smith takes an interesting middle ground. It explores the legal status and wizarding conventions applicable to house-elves, and points out the ambiguity in the narratives as to whether the treatment of house-elves is good or bad. Likewise, the essay by Daniel Austin Green uses the narratives to explore the roles of excuse and justification in their relationship with legal authority and rule of law.
The next several essays find some positive aspects to the depiction of law and legal institutions in the narratives. The first essay by Timothy S. Hall shows how the rule used to free Dobby, the house-elf, can be used as a pedagogical tool to illustrate the importance of intent in contract law. The essay by Jeffrey E. Thomas suggests that the negative and satirical depictions of law and legal institutions helps readers to focus on the importance of individual accountability in making moral decisions. The essay by Andrew P. Morriss also examines moral decisions. He contends that in spite of legal and institutional limitations, the wizarding world allows for individual moral choice, which is a recognition of the importance of individual liberty.
This group of essays concludes by returning to one of the themes of the Power of Stories conference-the Dick Whittington story. A second essay by Timothy S. Hall compares the Harry Potter narratives to the Dick Whittington story, which reflects an interesting cultural evolution from Tudor to modern time.
Article 51 Self-Defense as a Narrative: Spectators and Heroes in International Law
Authors: Heathcote Gina
Published: January 2023

The subsequent three parts of this article take the following form. Part II introduces Article 51. Part III considers the manner in which Article 51 produces a narrative of spectatorship for the West. I draw on Al-Radi's narrative to highlight the massive gap between the narratives of Article 51, as it is perceived in mainstream academic accounts of Operation Desert Storm, and the reality of living with the consequential force. I am particularly concerned with the legal features of proportionality, collective self-defense, and the state as a "self" defending. In Part IV, I use the work of Mclnnes, Orford, and Salecl to demonstrate how the West use a form of self-projection to become both spectator and hero in internal cultural narratives. Drawing on the methodology developed by Gunning, I attend to the inherent essentialism of these narratives rather than attempting to offer alternative non-Western narratives. Finally, in Part V, I return to the force/violence distinction contained in Article 51. How does this regulator of force as legal, and violence as illegal, interact with recent claims that there is also "legitimate" force that can be used, for example, to halt humanitarian crises? I take the words of Arendt and question the shift from force as justified to force as legitimate, to conclude with further questions about emerging narratives of force that currently preoccupy Western cultures.'
“No One Can Serve Two Masters”: A Separation of Powers Solution for Conflicts of Interest Within the Department of Health and Human Services
Authors: Krenik Vale
Published: January 2023

This Comment examines the financial conflicts of interests within the DHHS that results in private influence, the consequential impact of the private influence on the agency's constitutionality under the nondelegation and separation of powers doctrines, and offers a solution that better conforms to the principles and structure of the United States Constitution. Part II examines the penetration of conflicts of interests within the DHHS and impact on drug safety and human lives. Part III discusses the separation of powers doctrine and the development of the nondelegation doctrine with respect to delegations to private groups. Part IV analyzes the constitutionality of administrative agencies under the influence of private interests. Part V analyzes the constitutionality of administrative agencies with respect to the separation of powers doctrine. Part VI proposes a solution to the problems of private interests with administrative agencies. This Comment concludes in advocating a long term solution of repairing the structural flaws that violate the separation of powers by advocating the reformation of Executive Branch agencies into constituent legislative, executive and adjudicatory functions and altering their reporting structure to corresponding branches. In practical terms, the agencies must be disassembled and rebuilt to separate the powers.
The Tales Television Tells: Understanding the Nomos Through Television
Authors: Podlas Kimberlianne
Published: January 2023

This Article argues that to understand the nomos we must study law and litigation as represented in pop culture, specifically, on television. We must acknowledge the power of legal pop culture, and then read, translate, and discern the meanings of its stories. Moreover, because the various pop cultural representations of law exert neither the same function nor force, we must also consider pop legal culture with an eye toward understanding the impact of these lexi-cultural texts.
After synopsizing Cover's theory of nomos, this Article defines narrative and its critical role in understanding and institutionalizing law. Recognizing law's rich narrative regime, this Article locates within contemporary culture the dominant legal narratives. It argues that law's primary narratives appear in pop culture, commonly on television's syndicated daytime courtrooms. Indeed, the narrative structure of syndi-court as enhanced by its television production elements make it a powerful narrative force.
Relying on cultivation theory adapted for genre-specific effects, this Article reports a group of studies investigating syndi-court's narrative function, that is, its ability to impart factual legal knowledge (legal rules) and normative legal knowledge as expressed as values and heuristics guiding legally-implicated behavior. The results suggest that while syndi-court does not teach specific legal rules, it does impart normative knowledge, such as when and how to litigate, along with the cultural and moral appropriateness of doing so. This Article concludes by extrapolating these results to build a theory explaining the particular ways in which syndi-court contributes to the nomos.
A Good Lesson for Texas: Learning How to Adequately Assist Languageminorities Learn English
Authors: Cortes Sandra
Published: January 2023

This Comment argues that Texas should restructure current programs or adopt an entirely different linguistic program to better address the needs of limited English proficiency students. Bilingual education programs that have been proven to be ineffective in Texas and other states should not be allowed to continue to fail languageminority students. However, the best solution might not be to adopt an English-immersion program; rather, Texas should begin to structure a program that truly focuses, addresses, and remedies the needs of language-minority students.
Escape Denied: The Gretna Bridge and the Government’s Armed Blockade in the Wake of Katrina
Authors: Eaton Rebecca
Published: January 2023

The police officers who blocked the Gretna Bridge may have in fact violated several rights guaranteed by the Constitution. However, this Comment focuses on only one-the right to the freedom of travel. This Comment argues that the City of Gretna should be held civilly liable for its actions; and, that the individual police officers who blocked the bridge should be held both civilly and criminally liable for their actions. By blocking the bridge, the officers intentionally deprived New Orleans residents of their right to the freedom of travel.
Part II contextualizes this argument by providing a history of the poverty and racism long faced by many New Orleans residents. To a large extent, poverty and health shaped New Orleanians' evacuation and survival strategies; and, examining the reasons behind the strategies employed by different sectors of the population is fundamental to understanding why so many New Orleans residents did not or could not evacuate. Racism further complicated these strategies. The history of police brutality in and around New Orleans indicates that routine abuse may have been an aggravating factor in Katrina's aftermath. In addition, both the media and government officials perpetuated negative stereotypes about New Orleans residents, which prolonged evacuation and rescue efforts and greatly exacerbated evacuees' suffering. The Gretna Bridge incident is just one illustration of how, in the wake of Katrina, poverty and racism collided to produce unjust consequences for residents who were simply struggling to survive.
Part III reviews the fundamental right to travel under the Due Process Clause and discusses this right in the context of emergency situations. Part IV considers the possible civil and criminal consequences under 42 U.S.C. § 1983 and 18 U.S.C. § 242 for depriving individuals of their right to travel.
Finally, Part V applies the fundamental right to travel and the remedies afforded under § 1983 and § 242 to the Gretna Bridge incident. This section argues that the City of Gretna should be held civilly liable for the officers' actions and that the individual police officers who blocked the Gretna Bridge should be held both civilly and criminally liable for their actions.
Jurisdiction, Allegiance, and Consent: Revisiting the Forgotten Prong of the Fourteenth Amendment’s Birthright Citizenship Clause in Light of Terrorism, Unprecedented Modern Population Migrations, Globalization, and Conflicting Cultures
Authors: Stevens William S.
Published: January 2023

Various questions lead me to this Comment. I began by asking what makes a nation? What grants sovereignty? What limits sovereignty? Does a border define a nation, or the nation define the border? Further, does a nation have a sovereign right to define and enforce a border? Is the border meant to include or exclude? Who is included, or excluded? Are we citizens by virtue of the border, or does something else define both citizenship and a border? What is citizenship? Exploring those questions, of course, will not fit in a single law review Comment. While I touch on some, I have left many topics for future writings.
Indigenizing Intellectual Property Law: Customary Law, Legal Pluralism, and the Protection of Indigenous Peoples’ Rights, Identity, and Resources
Authors: Conway Danielle M.
Published: January 2023

When this article promotes its theme of indigenizing intellectual property law, it means to apply legal pluralism to justify employment of Indigenous law as a primary source of law to begin the development of a sui generis legal system to bring to the fore essential protections for Indigenous knowledge, tangible and intangible cultural materials and artifacts, secret and sacred information and know-how, cultural expressions, and the biogenetic resources justly owned and possessed by Indigenous Peoples. By urging adoption of the indigenizing paradigm, this article implies that the current and most widely used and recognized laws governing intellectual property are, in their current form, incapable and at times inconsistent with protecting the rights and interests of Indigenous Peoples in their resources and intangible assets that have, through time, putatively derived from their origins, their interactions with their environment, their adaptations to the surrounding world, and their cosmology and creation stories.
The Cultural and Intellectual Property Interests of the Indigenous Peoples of Turkey and Iraq
Authors: Travis Hannibal
Published: January 2023

My contribution to this symposium will begin in Part I with an overview of the international law of indigenous peoples' intellectual prop- erty interests. Part II will turn to a description of how, over the past millennium and a half, the indigenous peoples of Turkey and Iraq have lost more than two-thirds of their peak populations, most of their cultural and religious sites, and thousands of priceless artifacts and specimens of visual art. Part III will summarize the results of the recent U.S. and EU inquiries into the current deplorable state of the indigenous peoples of Turkey and Iraq. Part IV will propose four legal reforms. First, restitution or compensation should be implemented for the widespread destruction of these indigenous peoples' cultural and intellectual properties by previous regimes, starting at a minimum with destructive campaigns since 1907, a point of transition in international law. Second, autonomous regimes that will promote the security of indigenous peoples' surviving cultural and intellectual patrimony must be adopted. Third, governments and transnational enterprises dealing with them, such as museums, should respect the rights of indigenous peoples to protect, access, and use their property held abroad. Fourth, policies within Turkey and Iraq that restrict the transmission of indigenous cultural and intellectual manifestations should be reformed.
No Strict Evidence Rules in Labor and Employment Arbitration
Authors: Green Michael Z.
Published: January 2023

Since arbitrators are not bound by the strict rules of evidence applicable in court, there originally developed a practice of admitting hearsay "for what it is worth.' As various texts and many arbitrators have stated, 'Rarely do the parties know what it is worth, at least not at the hearing.' I would add, nor in the preparation of their briefs. As far back as 1967 a prominent group of arbitrators concluded: 'Unless corroborated by truth-tending circumstances in the environment in which it is uttered, it (hearsay) is unreliable evidence and should be received with mounting skepticism of its probative value as it becomes more remote and more filtered.' This statement strengthened the underpinnings of the practice of receiving hearsay, but limiting its probative value. It is reflected, e.g., in the following comment on the 'for what it is worth,' if anything, concept: In accepting it, however, the arbitrator is expected to have the expertise and experience to properly evaluate the evidence and to accord it the appropriate weight dependent upon the corroborating circumstances surrounding it
Historic and Modern Social Movements for Reparations: The National Coalition of Blacks for Reparations in America (N’COBRA) And Its Antecedents
Authors: Aiyetoro Adjoa A. , Davis Adrienne D.
Published: January 2023

Part I of this Article offers an introduction to some of the historical individuals and institutions who were the principal early advocates for Black reparations. While many have contributed to the struggle for racial reparations, the Essay focuses on activists who devoted significant effort to the cause; conceived of their vision in the language of reparations, i.e., recompense for slavery; and organized institutions or movements to implement their vision. Section II then situates these activists within reparations conceived as a social movement. It also teases out of the history some of the tensions and competing visions within the movement-over the legitimacy of U.S. legal institutions; between racial elites and non-elites; and ideological differences over the purposes of reparations, i.e., full citizenship or separate nationhood. Part III supplements this history by introducing the National Coalition of Blacks for Reparations in America (N'COBRA), which was founded in 1987 with the express goal of revitalizing reparations as a grass-roots movement that would simultaneously be attractive to mainstream Blacks. While N'COBRA has been largely overlooked in the legal literature on reparations, a social movements approach foregrounds its contributions to the modern reparations activism. Part IV then presents biographical narratives of seven members of the N'COBRA Reparations Litigation Committee. The Authors interviewed these seven, asking them about the political and personal influences that led them to become reparations activists and to join N'COBRA's Litigation Committee. (The questions we asked the interviewees are included as an Appendix to this Article.) Part V concludes with some thoughts about how incorporating a "social movements" approach to reparations activism and this case study of N'COBRA's Litigation Committee and its members both supplements and challenges the emerging legal history of reparations and, more broadly, the struggle for racial equality and human rights for Black people.
“Do You Hear What I Hear?”: Empirical Research on Earwitness Testimony
Authors: Cantone Jason A.
Published: January 2023

Despite recurring empirical interest in eyewitness research, legal scholars have conducted far less research exploring the significance and limitations of earwitness testimony. Nevertheless, earwitness expert testimony serves an important purpose, which dates back many centuries. This Article analyzes empirical studies regarding earwitness testimony and places them into a recognized legal framework regarding admission of expert testimony. The result of this analysis demonstrates that, if courts believe that eyewitness testimony meets the restrictions on "junk science" employed by both Daubert v. Merrell Dow Pharmaceuticals, Inc. and the Federal Rules of Evidence, then the courts should also admit earwitness testimony under the same rationale. This Article, however, recognizes the many methodological issues in the study of earwitness testimony and addresses both the limitations in earwitness expert testimony and the hurdles it must face to meet the evidential standards of admissibility.
She Blinded Me With Science: Wrongful Convictions and the “Reverse CSI-Effect”
Authors: Godsey Mark A. , Alou Marie
Published: January 2023

Part I of this Essay explores the problem of "junk science" in this country that has led to a plethora of wrongful convictions of the innocent. In this Part, I suggest that, contrary to the beliefs of many CSIwatching jurors, the state of forensics in this country is far from how it is portrayed by Hollywood.
Part II then discusses my anecdotal experience with cases in which jurors, who, while seemingly unaware of the problems that have been documented in this country with junk science, have convicted defendants on little more than what many in my field know to be highly questionable forensic testimony. I ponder whether CSI-type shows have contributed to jurors' over-reliance on forensic testimony that is, in reality, often quite dubious and offer my anecdotal experience, which suggests that they have. In conclusion, I call for further research of these issues before we definitively assert that CSI-type shows damage the prosecution the most, damage innocent defendants the most, or equally impact both sides of the adversarial system.
Selected Re-Emerging and Emerging Trends in Oil and Gas Law as a Result of Production From Shale Formations
Authors: King Jeffrey C.
Published: January 2023

Taking the statements in the above paragraph as true, there is also another consequence to these developments. There has been a proliferation of oil and gas leasing and drilling in areas that have little prior experience, or little recent experience, with such activities. This has caused a resurgence of oil and gas law and raised issues that have been either dormant or nonexistent. This Article will address some of the re-emerging and emerging oil and gas litigation issues that are the byproduct of shale development activities. Specifically, this Article will discuss:
1. Production in paying quantities and shut-in royalties; 2. Oil and gas lease drafting, and in particular, the use of termination clauses; 3. The impact of the Uniform Electronic Transactions Act on oil and gas law; and 4. Allegations of groundwater contamination caused by hydraulic fracture stimulation.
Fracing the Environment?: An Examination of the Effects and Regulation of Hydraulic Fracturing.
Authors: Smith Brian J.
Published: January 2023

Section II of this Article explores the basics of the hydraulic fracturing process, including disposal of wastewater. The Article then examines the sources of the fracing water. Disposal of the wastewater is the focus of Section IV. Section V examines some of the environmental risks associated with the fracing process. Section VI analyzes the current regulations governing fracing, and Section VII suggests how the law could be improved to more adequately protect the environmental interests of residents and businesses while balancing the interests of developers.
Drafting and Implementing an Effective Social Media Policy
Authors: Hudson Susan C. , Roberts (Camp) Karla K.
Published: January 2023

Social media is everywhere and used in many business and personal situations. There is no indication that social media use is declining; rather, social media use is constantly expanding into new realms and taking on new forms. Social media launches political campaigns, international pop stars, and new businesses to heightened levels of success or failure with just a few mouse clicks. Because social media information has the ability to spread rapidly, not addressing social media or hoping it will not affect the employer's business is a dangerous practice.
Currently, few employers have a Social Media Policy ("Policy"). By not having a Policy, the employer and its business are left vulnerable to the whims of its employees' social media actions and cannot guide employees toward using social media to protect and further the employer's business purpose. A Policy's existence makes the employer proactive rather than reactive. Further, establishing a Policy provides employees with clear expectations about when social media can be used, for what purposes, and what level of privacy an employee should expect regarding personal use. Finally, the employer needs a Policy to promote consistent enforcement among all employees. Inconsistent actions by supervisors for similar employee actions could open the employer up to potential employment discrimination lawsuits.
Once the employer understands that it needs a Policy, the next step is deciding what type to implement. The employer must create a Policy that furthers the employer's business purposes. Regardless of whether the employer decides to ban social media or freely allow its use, the employer should always spell it out in a Policy that defines the parameters of social media use. However, before the employer establishes a Policy it should conduct a cost-benefit analysis of social media uses and benefits for the employer versus the cost and resources required to enforce such a Policy. The employer should consider the Policy's monitoring and enforcement costs and the employee productivity costs depending on the level of allowed social media use. Taking into account these considerations, this Article will instruct an employer or employer's counsel on how to best draft an effective Policy that will meet all of the employer's objectives.
Indiana Oil and Gas Update
Authors: Greenwell Karen , Keller Ben
Published: January 2023

Although Indiana is not necessarily in the forefront of major new oil and gas exploration, it enjoys robust oil and gas operations in its New Albany Shale and elsewhere. Between 250 and 300 wells are typically completed in Indiana each year.' Indiana's lawmakers have responded to public concern regarding the safety of hydraulic fracturing to increase gas production. In 2012, the Indiana Legislature required the Department of Natural Resources to address the public's need for additional information and transparency concerning the hydraulic fracturing process for oil and gas wells. Prior to that, in 2011, Indiana lawmakers enacted a comprehensive amendment to the state's Oil and Gas Act, which was followed by several "emergency" regulations from the Department of Natural Resources to implement the amendment. Included in those emergency regulations were pro- visions relating to coal bed methane wells and coal seam protection, which were designed to preserve the state's coal resources in the face of consistent oil, gas, and methane production.
DNA, Genetic Material, and A Look at Property Rights: Why You May Be Your Brother's Keeper
Authors: McFerrin Colin
Published: January 2023

This Comment evaluates concerns regarding familial DNA testing, surreptitious genetic testing, and genetic privacy. Accordingly, this Comment looks at how various courts addressed these issues, legislative remedies at the state and federal level, and potential dangers of over-legislating. Finally, this Comment recommends a legislative solution.
Mandatory Prelicensure Legal Internship: A Renewed Plea for Its Implementation in Light of the MacCrate Report
Authors: Alton Stephen R.
Published: January 2023

Since its publication in 1992, virtually everyone who has any opinion about American legal education has been talking about the Mac- Crate Report. Relatively few among this multitude seem actually to have read the report itself. The purpose of this essay is to present an overview of this thoughtful document, along with some thoughts of my own regarding its implications for the future of legal education, particularly its implications for a mandatory prelicensure legal internship.
A New Evidentiary Standard for Criminal Appellate Review: Clewis v. State
Authors: Waddell Earl R. , Abell Tracy L.
Published: January 2023

In Clewis v. State, the Texas Court of Criminal Appeals finally addressed the conflict regarding proper appellate review of factual sufficiency of the evidence. The Clewis decision adopted Stone and established, for the first time since the 1981 amendments, the constitutional power and duty of the courts of appeals to review the factual sufficiency of the evidence in appropriate cases. In attempting to predict the effect of Clewis on review of noncapital criminal cases in the courts of appeals and death penalty Cases in the Texas Court of Criminal Appeals, this article examines the historical precedents of selected civil cases reversed for factual insufficiency. Also discussed are potential conflicts and the appropriate standard for review. Although defendants after Clewis may raise the issue of factual sufficiency in the courts of appeals, the court in Clewis did not address whether the court of criminal appeals has the authority to conduct such a review. Thus, there could be problems for defendants whose cases come under the Texas Court of Criminal Appeal's original jurisdiction for capital murder and habeas corpus.