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The Force Majeure Clause, Impossibility, and Frustration of Purpose in the Age of Covid-19 Covid-19时代的不可抗力条款、不可能性和目标受挫
Pub Date : 2022-12-01 DOI: 10.32473/ufjur.24.130494
Maria Gabriela Varas
The Covid-19 Pandemic and the resulting government-imposed shutdowns have caused financial difficulty for many businesses in the United States. In particular, the shutdowns have strained landlord and tenant relations, as the failure of the latter to pay monthly rent has resulted in both parties taking their disputes to court. The contractual, legal doctrines of force majeure, frustration of purpose, and impossibility are being brought up in court by tenants who are hoping to have their nonperformance of contractual duties excused. For this study, fourteen pandemic-era court cases from around the country were analyzed in order to determine how the legal concepts of force majeure, frustration of purpose, and impossibility are being interpreted and whether the results were more in favor of the tenant or the landlord. The study found that courts interpreted the arguments in a very narrow manner, which resulted in very little victory for tenants. However, the author suggests that the practice of off-court resolutions in the face of strict legal jurisprudence could be an effective route for the disputing parties.
新冠肺炎大流行以及由此导致的政府强制停工给美国许多企业带来了财务困难。特别是,停工使房东和房客的关系变得紧张,因为后者不支付月租金导致双方将纠纷告上法庭。租客在法庭上提出了不可抗力、目的受挫和不可能等合同法律理论,他们希望自己不履行合同义务的行为得到原谅。在本研究中,分析了来自全国各地的14个大流行时期的法庭案件,以确定如何解释不可抗力、目的受挫和不可能的法律概念,以及结果是更有利于房客还是房东。研究发现,法院以一种非常狭隘的方式解释这些论点,这导致租户很少获胜。然而,笔者认为,面对严格的法理,庭外解决的做法可能是争议当事人的有效途径。
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引用次数: 0
Long term monitoring of actions and outcomes: Improving and streamlining learning from Longleaf pine restorations at Morningside Nature Center 长期监测行动和结果:改善和简化晨兴自然中心长叶松恢复的学习
Pub Date : 2022-12-01 DOI: 10.32473/ufjur.24.130799
Alexandra Matys
The restoration of natural ecosystems relies on the feedback received from monitoring programs which take long-term data on the health of an ecosystem. In this study, the monitoring program of a longleaf pine ecosystem in north central Florida is reviewed and revised. This revision was based on contact with park managers and the analysis of existing data with the goal of improving the restoration program’s effectiveness. Analysis of existing data revealed the present limited ability to draw conclusions due to the temporal limitations of the data set. To address this shortcoming, photo point data from prior years was converted into a data set that is complementary to the monitoring protocol. As part of the protocol revision, the photo point data collection was also added to the monitoring protocol. The findings illustrate the importance of maintaining and continuing monitoring programs due to the value of long-term data for assessing changes in an ecosystem over time. In addition, future data collections will yield more useful feedback as a result of improvements made to the protocol. The design of a monitoring program must be closely linked to the specifics of the restoration program intended to be studied. This study provides an account of this process to be referenced during the revision of similar monitoring programs.
自然生态系统的恢复依赖于从监测项目中获得的反馈,这些项目收集了关于生态系统健康状况的长期数据。本文对佛罗里达州中北部长叶松生态系统的监测方案进行了综述和修订。这一修订是基于与公园管理人员的联系和对现有数据的分析,目的是提高恢复计划的有效性。对现有数据的分析显示,由于数据集的时间限制,目前得出结论的能力有限。为了解决这一缺点,前几年的照片点数据被转换成一个数据集,作为监测方案的补充。作为方案修订的一部分,监测方案中还增加了照片点数据收集。这些发现说明了维持和持续监测项目的重要性,因为长期数据对于评估生态系统随时间的变化具有价值。此外,由于对议定书作出了改进,今后的数据收集将产生更有用的反馈。监测方案的设计必须与要研究的修复方案的具体情况密切相关。本研究提供了这一过程的描述,供类似监测方案修订时参考。
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引用次数: 0
Black Soldier Fly Larva (Hermetia illucens) Frass vs. Red Wiggler (Eisenia fetida) Castings on (Capsicum annum) “Early Jalapeno” Seedling Growth. 黑兵蝇幼虫(Hermetia illucens) vs.红Wiggler (Eisenia fetida)对辣椒(Capsicum annum)“早期墨西哥胡椒”幼苗生长的影响。
Pub Date : 2022-12-01 DOI: 10.32473/ufjur.24.130728
Connor Goodwin, M. Hay-Roe
Black soldier fly larvae (BSFL) Hermetia illucens have shown some promising signs in their ability to rapidly process organic waste into a usable organic frass input. However, little is known about the effectiveness of the frass, when compared to biofertilizers produced by other organic waste consumers, such as, red wiggler worms (RW) Eisenia fetida. This study compared the waste consumption rate, compost nutrient concentration, and compost application by BSFL and RW on jalapeno seedlings. The BSFL was shown to consume organic waste at a clearly higher rate than RW, while producing compost with higher N, P, K nutrient concentrations. Furthermore, an application test showed BSFL compost generating more seedling growth than a control with no biofertilizer. However, with no additional maturing processes the BSFL compost was not as effective for seedling growth, when compared to its RW biofertilizer counterpart.
黑兵蝇幼虫(BSFL)已经显示出一些有希望的迹象,它们能够迅速将有机废物转化为可用的有机废物。然而,与其他有机废物消费者(如红扭虫)产生的生物肥料相比,人们对这种草的有效性知之甚少。本研究比较了BSFL和RW在墨西哥辣椒幼苗上的废物消耗率、堆肥养分浓度和堆肥用量。BSFL对有机废物的消耗速率明显高于RW,同时产生氮、磷、钾养分浓度更高的堆肥。此外,施用试验表明,BSFL堆肥比不施用生物肥料的对照幼苗生长更快。然而,由于没有额外的成熟过程,与RW生物肥料相比,BSFL堆肥对幼苗生长的效果不佳。
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引用次数: 0
Disorderly Conduct: Women’s Health and Women’s Rights (1883-1930) 行为不检:妇女健康与妇女权利(1883-1930)
Pub Date : 2022-12-01 DOI: 10.32473/ufjur.24.130804
Karen DeClaire
The Victorian Era (1837-1901) is stereotypically characterized by propriety and sexual repression. Yet, during this time conduct literature for girls containing information on sex education as well as care for one’s body was widely circulated and read in response to fears over the spread of promiscuity, STDs, and prostitution. The authors of this literature exhibit acknowledgement of the need for women’s education on sexual hygiene rather than previously-enforced ignorance, and they also defined aspects of femininity and motherhood in tandem with sexuality in an effort to guide girls on “proper” womanhood. These books reinforced and shaped thought on gender roles which appear to have had persisting influence on the movements for female suffrage and labor rights that continued into the twentieth century. I investigate this issue using two conduct books as well as material from the collection of labor activist Margaret Dreier Robins (1868-1945). This investigation exposed many common values between the former medium and Robins’s reform efforts as head of the National Women’s Trade Union League, such as the importance of a gender-defined society, the centrality of collectivism and motherhood to the definition of femininity, as well as the harmful endorsement of eugenics in the production of healthy and democratic future generations. By comparing this literature, this paper begins to gather evidence on how the messaging of this conduct literature internalized in childhood could have shaped the direction of the progressive women’s movement.
维多利亚时代(1837-1901)的典型特征是礼仪和性压抑。然而,在这段时间里,为了应对滥交、性传播疾病和卖淫的蔓延,针对女孩的行为文学广泛传播和阅读,其中包含了性教育和身体护理方面的信息。这些文献的作者承认女性需要接受性卫生教育,而不是以前强制的无知,他们还将女性气质和母性的各个方面与性联系在一起,努力指导女孩们“正确”的女性气质。这些书加强和塑造了关于性别角色的思想,这似乎对持续到20世纪的女性选举权和劳工权利运动产生了持续的影响。我使用两本行为书籍以及劳工活动家玛格丽特·德雷尔·罗宾斯(1868-1945)收集的材料来研究这个问题。这项调查揭示了在前媒体和罗宾斯作为全国妇女工会联盟主席的改革努力之间的许多共同价值观,例如性别界定的社会的重要性,集体主义和母性对女性定义的中心地位,以及在生产健康和民主的后代方面对优生学的有害认可。通过比较这些文献,本文开始收集证据,证明童年时期内化的这种行为文献的信息如何塑造了进步妇女运动的方向。
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引用次数: 0
Perspectives on the First Amendment 对第一修正案的看法
Pub Date : 2022-12-01 DOI: 10.32473/ufjur.24.130771
Shayna Schulman
Given the constitutional protection of free speech under the First Amendment, to what extent does the American public support that hate speech can be banned while still protecting free speech? The First Amendment states that “congress shall make no law… abridging the freedom of speech.” This project analyzes published data from the Cato Institute Free Speech and Tolerance Survey (2017) to determine the role that Americans' generation plays in their support of a hate speech ban. Individuals of various generations differ in their experiences with world events, politics and social norms. These differences can impact views on free speech. Preliminary analysis by the Cato Institute shows that younger generations are more likely to support that hate speech can be banned while still protecting free speech than older generations. Current scholarship lacks a depth of research in this area. As such, this project establishes relationships concerning views on hate speech that are a novel contribution to this field of study.
鉴于宪法第一修正案对言论自由的保护,美国公众在多大程度上支持在保护言论自由的同时禁止仇恨言论?第一修正案规定,“国会不得制定法律……剥夺言论自由。”该项目分析了卡托研究所言论自由与宽容调查(2017年)公布的数据,以确定美国这一代人在支持仇恨言论禁令方面所起的作用。不同时代的人对世界事件、政治和社会规范的经历不同。这些差异会影响人们对言论自由的看法。卡托研究所的初步分析显示,与老一辈相比,年轻一代更有可能支持在保护言论自由的同时禁止仇恨言论。目前学术界对这一领域的研究缺乏深度。因此,这个项目建立了关于仇恨言论观点的关系,这是对这一研究领域的一个新颖贡献。
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引用次数: 0
Assessing Lung Vasculature Development and Application to Early Preterm Gestation Patients 早期早产患者肺血管发育评估及应用
Pub Date : 2022-12-01 DOI: 10.32473/ufjur.24.130800
Randi Dias, Aren Singh Saini, Walter O'Dell
Individuals who were born prematurely undergo many difficulties from the time they are born to their adult lives. Obstructive lung diseases are a common occurrence in patients who were born prematurely. Unfortunately, the development of lungs in premature infants is an area in the science world that has not been fully studied. Therefore, this study’s objective is to determine trends in lung vessel growth as a patient advances in age, and discover quantitative measures that provide clinical insight regarding improving the quality of life of premature infants. This is a retrospective study where x-ray computed tomography (CT) scans were analyzed by using in-house software built upon the NIH ImageJ platform. For each scan, the lung volume was automatically identified and the pulmonary vessel trees extracted and characterized to quantify the total number of vessels in the left hemi-lung. The radius and length of each vessel tree were also recorded. CT scans of 16 pediatric patients were analyzed (7 prematurely born and 9 full-term). The vessel growth of full-term patients trended to increase as a patient aged, while vessel growth for premature patients decreased with age. The data also indicated a significantly larger difference in the number of vessel branches over time between female preterm and full term subjects. Limitations such as variations in image quality, children’s age, and changes in CT technology over time are being addressed to improve confidence in the results. Future works will include analysis on a larger data set and novel approaches to automatic vessel extraction from chest CTs. 
早产的人从出生到成年都要经历许多困难。阻塞性肺病是早产患者的常见病。不幸的是,早产儿肺部的发育是科学界尚未充分研究的一个领域。因此,本研究的目的是确定随着患者年龄的增长肺血管生长的趋势,并发现定量措施,为改善早产儿的生活质量提供临床见解。这是一项回顾性研究,通过使用建立在NIH ImageJ平台上的内部软件分析x射线计算机断层扫描(CT)。对于每次扫描,自动识别肺体积,提取并表征肺血管树,以量化左半肺血管总数。同时记录每个血管树的半径和长度。分析了16例儿科患者的CT扫描(7例早产,9例足月)。足月患者的血管生长随着患者年龄的增长而增加,而早产儿的血管生长随着年龄的增长而减少。数据还表明,随着时间的推移,女性早产儿和足月受试者的血管分支数量有显著较大的差异。限制,如图像质量的变化,儿童的年龄,以及随着时间的推移CT技术的变化正在解决,以提高对结果的信心。未来的工作将包括对更大数据集的分析和从胸部ct中自动提取血管的新方法。
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引用次数: 0
Testaments of Autonomy: How Women's Social and Economic Mobility Transformed Under Nahua and Spanish Influence 自治权的证明:妇女的社会和经济流动如何在纳华和西班牙的影响下转变
Pub Date : 2022-12-01 DOI: 10.32473/ufjur.24.130774
Kiana Polanin
Did European gender values undermine the autonomy of Indigenous women in colonial Mexico? This article will answer the aforementioned question by examining women’s lives in Mexico during the colonial period from approximately 1500 to 1800. Close analysis of last wills and testaments left behind by women in Culhuacan during the sixteenth century demonstrate that they enjoyed greater avenues of social mobility than did women in Toluca during the seventeenth and eighteenth centuries. This analysis will inform readers of the evidence drawn from these cultures and the significant conclusions it generates. An examination of two separate corpuses of last wills and testaments left behind by Indigenous Mexican women exposes variances in women’s avenues of social mobility under Nahua and Spanish influence in Culhuacan and Toluca during the sixteenth and eighteenth centuries, respectively. Prior to Spanish invasion, Nahua culture gave the women of Culhuacan economic and social autonomy. Certain pre-Hispanic privileges, such as holding public offices, were still conserved at the end of the 16th century. However, a gradual replacement with Spanish values and structures that was nearly complete by the 18th century diminished women’s autonomy. But no matter how much their independence decreased, women still did all they could with what they had.
欧洲的性别价值观是否破坏了墨西哥殖民地土著妇女的自主权?本文将通过考察大约1500年至1800年殖民时期墨西哥妇女的生活来回答上述问题。对16世纪库瓦坎妇女留下的遗嘱和遗嘱的仔细分析表明,她们比17世纪和18世纪的托卢卡妇女享有更多的社会流动渠道。这种分析将告知读者从这些文化中获得的证据以及由此产生的重要结论。对墨西哥土著妇女留下的两份独立的遗嘱和遗嘱的研究,分别揭示了16世纪和18世纪在库瓦坎和托卢卡,在纳瓦人和西班牙人的影响下,妇女在社会流动途径上的差异。在西班牙入侵之前,纳化文化赋予了文化华坎妇女经济和社会自主权。某些前西班牙人的特权,如担任公职,在16世纪末仍被保留。然而,到18世纪,西班牙的价值观和结构逐渐被取代,这几乎完全削弱了妇女的自主权。但无论她们的独立性降低了多少,女性仍然会尽自己所能。
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引用次数: 0
Evaluating Spatial Filtering on Diffusion MRI Data Harmonization in Parkinsonism 帕金森病弥散MRI数据协调的空间滤波评价
Pub Date : 2022-12-01 DOI: 10.32473/ufjur.24.130754
Madelyn Corliss, David E Vaillancourt
Background: Parkinsonism is an umbrella term encompassing several disease pathologies that share common motor symptoms. The most prevalent diagnosis is Parkinson’s disease, followed by multiple system atrophy, and progressive supranuclear palsy. Early detection and differentiation between types of Parkinsonism remain an issue in clinical practice.Objective: MRI has the potential to aid the diagnosis of Parkinsonisms. A major hurdle is combining and harmonizing the data across different MRI vendors. The objective of this study was to determine if a full width half maximum gaussian spatial filter helps harmonize data sets collected from different scanners.Methods: Using 17 different MRI scanners, data was collected from 1,002 subjects. First, the data were spatially filtered using different sizes (no filter, 2mm, 4mm, 6mm). Data were then preprocessed and transformed into Montreal Neurological Institute (MNI) space. Next, support vector machine learning tested the training and validation accuracy of predicting diagnosis at each spatial filter setting.Results: The training and validation data for weighted sensitivity, specificity, and accuracy were similar for all filter conditions. Differences between the weighted sensitivity, specificity, and accuracy of the training groups for all filter sizes were less than 0.1 and less than 0.2 for validation groups.Conclusions: Training and validation predictions did not differ across spatial filters, suggesting the accuracy of the algorithm is robust at different spatial filter sizes. In conclusion, the size of the spatial filter applied to diffusion MRI data does not result in a change in the outcome of the machine learning approach.
背景:帕金森病是一个涵盖几种疾病病理的总称,这些疾病具有共同的运动症状。最常见的诊断是帕金森病,其次是多系统萎缩和进行性核上性麻痹。早期发现和区分类型的帕金森病仍然是一个问题,在临床实践。目的:MRI具有帮助帕金森病诊断的潜力。一个主要的障碍是整合和协调不同MRI供应商的数据。本研究的目的是确定是否全宽半最大高斯空间滤波器有助于协调从不同的扫描仪收集的数据集。方法:使用17种不同的MRI扫描仪,收集1002名受试者的数据。首先,对不同尺寸的数据进行空间滤波(无滤波、2mm、4mm、6mm)。然后对数据进行预处理并转换到蒙特利尔神经学研究所(MNI)的空间。接下来,支持向量机器学习测试了在每个空间滤波设置下预测诊断的训练和验证精度。结果:在所有过滤条件下,加权灵敏度、特异性和准确性的训练和验证数据相似。所有过滤器大小的训练组的加权灵敏度、特异性和准确性之间的差异小于0.1,验证组的差异小于0.2。结论:训练和验证预测在不同的空间滤波器中没有差异,表明该算法在不同的空间滤波器尺寸下具有鲁棒性。总之,应用于弥散MRI数据的空间滤波器的大小不会导致机器学习方法的结果发生变化。
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引用次数: 0
The Narrative Space: John Hejduk’s Angelic Architecture 叙事空间:John Hejduk的天使建筑
Pub Date : 2022-12-01 DOI: 10.32473/ufjur.24.130772
Ellery Susa
Pragmatist modern architecture tends to dissociate mind and body and has been unable to dialogue with the human soul, but architectural educator John Hejduk challenged such an understanding of buildings as autonomous objects and strove for the soul of architecture, which had a direct connection to good humanity. This paper analyzes how Hejduk explored the design concept of “narrative space” to reflect on the predicament of meaninglessness in the built environment, implementing it through design to re-bridge human perceptual and emotional connection to the lost spiritual and cosmic world. The analysis focuses on his poems, experimental drawings, and the symbolism of angels to interpret the hermeneutic depth of historical meaning in his architecture and to define humanity as a poetical dwelling between heaven and earth. The paper discloses how Hejduk used the dialogue between poetical narrative and architectural geometrical form, the symbol of angels as divine messengers, the act of sketching as narrative composition, and the legacy of his architectural pedagogy to reinvent architecture as a more thoughtful design process toward the beauty of humanity. This paper demonstrates that Hejduk’s architectural approach generated a poetical resistance against Cartesian principles of modern architecture and established an expressive and critical design language, interweaving the multiple theoretical threads of memory, history, trauma, and poetical emotion into the production of marvelous space that can tell stories and inspire our passion for spiritual architecture.
实用主义的现代建筑倾向于将身心分离,无法与人的灵魂对话,但建筑教育家John Hejduk挑战了这种将建筑作为自主物体的理解,并努力追求建筑的灵魂,这与善良的人性有直接的联系。本文分析Hejduk如何探索“叙事空间”的设计理念,反思建筑环境中无意义的困境,并通过设计将其实现,重新架起人类与失落的精神世界和宇宙世界的感性和情感联系。分析他的诗歌、实验绘画和天使的象征意义,解读他建筑中历史意义的解释学深度,并将人类定义为天地之间诗意的栖居。本文揭示了Hejduk如何利用诗意叙事与建筑几何形式之间的对话,天使作为神圣使者的象征,素描作为叙事构成的行为,以及他的建筑教育学的遗产,将建筑重塑为一个更深思熟虑的设计过程,走向人性之美。本文论证了Hejduk的建筑方法对现代建筑的笛卡尔原则产生了诗意的抵抗,并建立了一种富有表现力和批判性的设计语言,将记忆、历史、创伤和诗意情感的多重理论线索交织在一起,产生了能够讲述故事的奇妙空间,激发了我们对精神建筑的热情。
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引用次数: 0
Brotherhood, Male-Sexual Assault, and Homophobia 兄弟会,男性性侵犯和同性恋恐惧症
Pub Date : 2022-12-01 DOI: 10.32473/ufjur24130903
M. Rahman, Corinne Futch
This paper investigates the extent to which fraternity brotherhood culture can promote male-sexual assault and homophobia on college campuses through a meta-analysis of literary analyses on Greek life, university sexual scripts, and homophobic rhetoric. Examination of over ten journal articles and literary reviews of male-sexual assault, homophobia, and/or brotherhood sexual scripts reveal the underlying social and evolutionary scripts present in male-sexual assault cases, intersecting with fraternity homophobia and brotherhood sex schemas on college fraternity rows.
本文通过对希腊生活、大学性剧本和恐同言论的文学分析,调查了兄弟会文化在多大程度上促进了大学校园中的男性性侵犯和同性恋恐惧症。通过对十多篇关于男性性侵犯、同性恋恐惧症和/或兄弟性剧本的期刊文章和文学评论的研究,揭示了男性性侵犯案件中潜在的社会和进化剧本,与大学兄弟会争吵中的兄弟会同性恋恐惧症和兄弟会性图式相交叉。
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引用次数: 0
期刊
UF Journal of Undergraduate Research
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