text:
Social Security News: Mass AC Remands On Lucia Grounds Coming?
If a claimant or representative files a timely Appointments Clause challenge and timely requests Appeals Council review, the AC will consider the challenge in the context of the facts of the case (including, but not limited to, the date of the ALJ decision and the date the challenge was raised) in determining whether there is a basis to grant review. The AC will determine whether granting review is appropriate under 20 CFR 404.970 or 416.1470, or both, when considering both the decision on the merits and any potentially unresolved Appointments Clause issues.
In those matters where a timely Appointments Clause challenge to an ALJ decision issued prior to July 16, 2018 is raised to the Appeals Council in a proper request for review, the AC will grant review and issue a decision or order remand, as appropriate.
Here's a better hypothesis (I think). AC will grant review and then issue own decisions affirming by simply stating they agree with ALJ (AAJs have now all been properly appointed right)?
I had the same thought. Not sure why the Administration is even leaving the remand avenue open, when it sees more efficient just to issue a new decision by AC. It might just come down to logistics, workload at AC versus OHO, etc.
Lucia ordered a new hearing with a new judge, even if the prior judge had been legitimately appointed in the meantime.
That won’t work. Claimants are due an imperial hearing.
If their previous hearing was deemed null and void by Lucia they would get another one.
Having an ALJ or AAJ simply review the evidence again isn’t the same as a new hearing.
"...raised during the pendency of a timely request for Appeals Council AC review..." Does this mean that the challenge must be raised with the timely filed request for review to the AC (or separately but within 65 days of the ALJ decision). Or can the challenge be filed to already existing cases at the AC where appeals have been filed and are past 65 days from the original ALJ decision. Wondering if we need to send challenge letters to all cases we now have pending at the AC.
Many cases at the appeals council take months for them to even assign to an analyst. I think it's safe to just send in appeals for ALL cases you have at the AC.
Even if the AC refuses to act you can bring this up in a federal suit.
The right to an imperial hearing was abolished when we seceded from Britain.
The issues of the Acting Commissioner's Appointments Clause and Vacancies Act problems are still at play. Does she possess the authority under law to reappoint ALJs? Any conflict of her ability to reappoint ALJs would need to be resolved by an Article III court.
By claiming the ALJs are now properly appointed when there are still constitutional questions as to the Acting Commissioner's current tenure and the non-delegable authority of the Agency Head to appoint Inferior Officers, usurps the authority of the Judiciary Branch on this question and is beyond the scope of SSAs authority to adjudicate this for themselves.
I would advise a claimant to raise the issue on claims filed after 16 July both to the ALJ and AC. Sims v Apfel does not limit cause preservation for Federal Court appeals.
Just a heads up that federal district courts have started entering the footnote listed below in ALL decisions. Unfortunately the district courts are misguided here as the 2000 SCOTUS decision SIMS V. APFEL very clearly stated that claimants did not forfeit issues not raised to either the ALJ or Appeals Council. This issue has already been decided at the Supreme Court level so I'm not sure if the district courts are simply misguided or being claimant unfriendly.
"In Lucia v. SEC, 138 S.Ct. 2044, 2055 (2018), the Supreme Court recently held that ALJs of the Securities and Exchange Commission are "Officers of the United States" and thus subject to the Appointments Clause. To the extent Lucia applies to Social Security ALJs, Plaintiff has forfeited the issue by failing to raise it during her administrative proceedings. (See AR 47-77, 181; J. Stip. at 4-9, 18-21); Meanel v. Apfel, 172 F.3d 1111, 1115 (9th Cir. 1999) (as amended) (plaintiff forfeits issues not raised before ALJ or Appeals Council)."
The Ninth Circuit held Sims does not overrule application of the court-imposed issue preclusion doctrine established in Meanel. Shaibi v. Berryhill, 883 F.3d 1102, 1118 (9th Cir. 2017).
Does the Shaibi language mean that those practicing in the 9th Circuit who failed to raise the Lucia issue in a timely fashion should consult their malpractice carriers?
"Shaibi contends that Meanel was overruled by the Supreme Court's subsequent holding that "[c]laimants who exhaust administrative remedies need not also exhaust issues in a request for review by the Appeals Council in order to preserve judicial review of those issues." Sims v. Apfel, 530 U.S. 103, 112, 120 S.Ct. 2080, 147 L.Ed.2d 80 (2000). Sims does not control this case. Sims concerned only whether a claimant must present all relevant issues to the Appeals Council to preserve them for judicial review; the Court specifically noted that "[w]hether a claimant must exhaust issues before the ALJ is not before us." Id. at 107, 120 S.Ct. 2080"
The Supreme Court didn’t address whether waiver applies when an issue isn’t presented to the ALJ. The district and circuit courts are entitled to find waiver in those cases unless and until the Supreme Court says otherwise.
The Meanel Court's holding is limited. Pure questions of law do not require exhaustion, so long as the opposing party will suffer no prejudice because of failure to raise it. Silveira v. Apfel, 204 F.3d 1257, n.8 (9th Cir. 2000).
I am not aware of a more pure question of law than the constitutionality of the ALJ appointments process, so it should be valid to raise the issue upon judicial review.
The Supreme Court did in fact address the issue in its entirety. Sims did not raise the issue with the ALJ as it was unaware of the issue until the decision was rendered.
Reread the brief. The crux of the decision was that the claimant need not bring up every issue administratively or risk forgetting omitted appeals. The reason, is that the hallex policy only states the claimant has to fill out a one page form to appeal with the AC. Not even a signature is required. If SSA regs required the claimant to detail every error with a decision they would say so in HALLEX or POMS. Fact is, it’s not a requirement.
The petitioner stated that they could not have raised the issue as they didn’t find out about it until the decision was rendered. SSA argued that if that were the case it should have atleast been brought to the attention of the appeals council.
SCOTUS then opined that they were not even going to discuss if the issue was brought before the ALJ and if it even mattered. This does not mean that another issue needs to be settled by SCOTUS. Their decision implies their intent and is not ambiguous at all. Claimants need not inform social security of every issue administratively to preserve their rights.
If the DOJ tries to squash Lucia motions they certainly won’t be doing so with Meanel. If they do you can expect another Claimant friendly SCOTUS decision on the matter.
It’s important to know the context of the district courts decision to override sims. Their interpretation was extremely narrow in that regard.
In this case the plaintiff was arguing issues with the VE’s testimony for the first time. This is something that definitely should have been brought up at the hearing.
Comparing that case to Lucia is akin to apples and oranges.
A claimant would have never known an ALJ was acting unconstitutionally until the SCOTUS decision and executive order. I hold that as long as the claimant files an amendment to their position statement with the appeals council they should be covered.
I can’t see district courts using any previous case law to dismiss Lucia claims if the claimant brought the issue to the appeals council within a reasonable timeframe after the SCOTUS decision and executive order were issued.
If they are not disabled, don't file a frivolous AC that is not responsible representation. Its not a roulette wheel, don't spin hoping to win.
Deaf ears have been fallen upon.

matches: V. v. v. v. v. v.


text:
RICHARD DE PALMA and Bernard Ruppe.
In November, 1901, Weinman, one of the plaintiffs in error, being the owner of a building and lot of land in Albuquerque, New Mexico, leased them to defendants in error for a term of two years, to commence in December, following. They entered into possession, and occupied and used the building in their business of prescription and retail druggists. Plaintiff in error Barnett was the owner of an adjoining lot and building. Some time in May or June, 1902, while the Weinman building was occupied by defendants in error, Barnett took down and removed his building, including the wall adjacent to the Weinman building. The east wall of the latter was an old adobe wall that stood close to, but perhaps a few inches away from, the easterly boundary line of the lot. In May, 1902, Weinman and Barnett entered into an agreement in writing, whereby Barnett was to construct a party wall, to stand one half of its full thickness upon each lot; the footing course to be 40 inches wide; the foundation wall to be 18 inches thick from the top of the footing to its full height, where it was to receive the first floor joints; the wall above that to be of less thickness. It was stipulated that Barnett should be permitted to take down any part of the east wall of the Weinman building as might be necessary in order to locate the new wall centrally over the property line, and if, through his fault, damage should be done to the Weinman building, he was to make it good. In the execution of this agreement, it was necessary to undermine the east wall of the Weinman building. Barnett made an agreement with one Grande, a general contractor, by which the latter was to do the excavation and stone work according to plans and specifications, and as directed by La Driere, a superintendent who was in Barnett's employ. Grande proceeded under La Driere's direction to do the work. It would seem that the purpose was to excavate for the party wall in sections, so that support for the Weinman building should not at any time be entirely lacking. On or about June 30th, the contractor having excavated for a space about 5 feet in length along the line between the two lots at the northeast corner of the Weinman building, and extending under the east wall of that building for approximately 12 inches, the wall fell, damaging the stock-in-trade and fixtures of defendants in error, and rendering the building untenantable. They removed what remained of their stock and fixtures to another and less desirable location, and carried on their business there, up to the time their lease of the Weinman lot and building would have expired by its terms. After the wall fell, Weinman made demand for the rent payable by the lease for the month of July, 1902, and, defendants in error having refused to pay it, Weinman took possession.
Answers were filed, and there were subsequent amendments to the pleadings, but it is not necessary to recite them.
The action has been at least three times tried by jury, and three times reviewed by the supreme court of New Mexico. Upon the first trial a verdict was directed in favor of defendants, and the supreme court reversed the judgment and remanded the cause for a new trial. 13 N. M. 226, 82 Pac. 360. The second trial resulted in a verdict and judgment for plaintiffs, which was reversed because compensation for loss of profits and for goods injured was included without sufficient evidence to sustain this part of the recovery. 15 N. M. 68, 24 L.R.A.(N.S.) 423, 103 Pac. 782. At the last trial, the proof was to some extent supplemented, and there was a judgment in favor of plaintiffs for $7,738, based upon the verdict of a jury for that amount. On appeal, the supreme court found error only with respect to the proof as to damaged goods, and required plaintiffs to elect whether they would file a remittitur of $770 on this account, or submit to a new trial. 16 N. M. 302, 121 Pac. 38. They chose the former alternative, and the judgment was affirmed for the reduced amount. The present writ of error was then sued out.
We agree with the supreme court of New Mexico that where the owner of demised premises makes a contract with an adjoining owner for the construction of a party wall, which contract cannot be carried out according to its terms without entry upon the demised premises and an undermining of the tenant's wall, and the adjoining owner or his servants, in the performance of the contract, do commit such a trespass upon the tenant's possession and undermine the wall, the contract is evidential of a command or approval of the trespass by the landlord, such as to render him liable severally, or jointly with the adjoining owner, in an action by the tenant for the resulting damages. Lovejoy v. Murray, 3 Wall, 1, 9, 18 L. ed. 129, 131 Northern Trust Co. v. Palmer, 171 Ill. 383, 388, 49 N. E. 553; Collins v. Lewis, 53 Minn. 78, 83, 19 L.R.A. 822, 54 N. W. 1056; Snow v. Pulitizer, 142 N. Y. 263, 268, 36 N. E. 1059.
In our opinion, the court correctly held that where a trespass results in the destruction of a building, with consequent interruption of a going business, the loss of future profits (these being reasonably certain and proved with reasonable exactitude) forms a proper element for consideration in awarding compensatory damages. Allison v. Chandler, 11 Mich. 543, 550; Schile v. Brokhahus, 80 N. Y. 614, 620; Snow v. Pulitizer, 142 N. Y. 263, 270, 36 N. E. 1059; Chapman v. Kirby, 49 Ill. 211, 219; Terre Haute v. Hudnut, 112 Ind. 542, 552, 13 N. E. 686; National Fibre Board Co. v. Lewiston & A. Electric Light Co. 95 Me. 318, 327, 49 Atl. 1075. And see Anvil Min. Co. v. Humble, 153 U. S. 540, 549, 38 L. ed. 814, 817, 14 Sup. Ct. Rep. 876; 18 Mor. Min. Rep. 98; Brown v. Honiss, 74 N. J. L. 501, 514, 68 Atl. 150.
We agree also with the court below that upon the last trial there was legitimate evidence upon which to base an allowance of damages for loss of profits, and no substantial error in the rulings on evidence or in the instructions to the jury upon the subject.
It is contended that plaintiffs in error are not responsible for what was done by Grande in building the party wall because he was an independent contractor.
But the evidence showed that he was required to follow the instructions of La Driere, who was Barnett's agent, and that La Driere was in fact in charge of the work. For this reason it was properly held that Grande was not an independent contractor. New Orleans, M. & C. R. Co. v. Hanning, 15 Wall. 649, 657, 21 L. ed. 220, 223, 7 Am. Neg. Cas. 309; Singer Mfg. Co. v. Rahn, 132 U. S. 518, 523, 33 L. ed. 440, 442, 10 Sup. Ct. Rep. 175.
Nor does the 'independent contractor' doctrine apply where the work that the contractor is to do of itself amounts to a nuisance or necessarily operates to injure or destroy the property of plaintiff. Chicago v. Robbins, 2 Black, 418, 426, 17 L. ed. 298, 303; Robbins v. Chicago, 4 Wall. 657, 678, 18 L. ed. 427, 432.
The other points that are raised have been examined, and we find no material error. They have been sufficiently discussed in the court below, and require no particular mention here.

matches: v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v.


§ 126-2 License required; late charge; limitation on number of licenses.
§ 126-4 Dogs licensed in other states; unlicensed dogs.
§ 126-5 Impounding of dogs.
§ 126-6 Biennial dog canvass.
§ 126-7 Interference with officers.
§ 126-8 Control of dogs.
§ 126-9 Curbing of dogs.
§ 126-12 Running at large prohibited.
§ 126-14 Violations and penalties.
§ 126-16 Location and arrangement of building.
§ 126-17 Information required on application.
§ 126-18 Purpose stated on license; expiration date.
§ 126-19 Individual dog license not required.
§ 126-21 Dogs not permitted off premises; exceptions.
§ 126-22 Disposition of fees.
§ 126-23 List of kennels to be sent to State Health Department.
Farming — See Ch. 203.


text:
Camille Billops and James V. Hatch are artists, educators, archivists, and activists who dedicate their lives to creating, teaching, collecting, and preserving art that reflects the experiences of the African diaspora. Pellom McDaniels III, curator of African American Collections at the Stuart A. Rose Manuscript, Archives, and Rare Book Library at Emory University, curated an exhibition and book based on the Camille Billops and James V. Hatch Archives and the James V. Hatch and Camille Billops Papers housed at the Emory University library. The exhibition and catalogue, both entitled Still Raising Hell: The Art, Activism, and Archives of Camille Billops and James V. Hatch, examine the lives and careers of Billops and Hatch and showcase a selection of materials from their archives. McDaniels also develops a conversation that questions the meaning of art, black art, and how the creation of art can be used as a tool to promote individual as well as collective cultural awareness, pride, and activism. These conversations arise from Billops and Hatch’s own works, which reflect social, economic, and political issues, particularly those present during the Civil Rights and Black Power Movements, a time when Billops and Hatch met and created some of their most influential works. These conversations are relevant today as current social and racial tensions in the United States have produced unrest reminiscent of these movements. McDaniels makes the connection between social activism and art found within Billops and Hatch’s work and explores a segment of black art that is created as a tool to highlight issues and actively engage with society to effect change.
To illuminate the materials in the Camille Billops and James V. Hatch Archives and the James V. Hatch and Camille Billops Papers, McDaniels includes anecdotes and reflections by personal friends and associates of Billops and Hatch, as well as Emory University library staff who have encountered the collection material. The reflections of friends and art collectors Larry and Brenda Thompson show the motivations that inspired Billops and Hatch to collect materials for their own archives. The Thompsons recollect Billops and Hatch’s frustrations with a lack of recognition of black artists in mainstream art circles: “No one was interested in their efforts to provide oral histories of black artists . . . they would create their own stage and continue to do the things they loved and work in areas they were passionate” (40–41). Billops and Hatch also saw a lack of recognition in published materials on art related to the African diaspora when they began teaching at the City College of New York City in the early 1970s. During this period, in response to the influence of the Black Power Movement, African Americans became increasingly aware of the importance of learning and analyzing histories and arts found within their own cultures—information that was rarely taught in secondary schools and universities in the United States. In response to this omission of black art and artists in mainstream art, culture, and education, Billops and Hatch decided to curate their own archives, called the Hatch-Billops Collection, with a mission to collect, preserve, and educate the public about black artists and their stories. They recognized the importance of archives as not only documenting the past and more recent histories, but also as a tool for education and an exchange of ideas.
McDaniels further describes Billops and Hatch’s curation of materials related to black art and their desire to make them available to the public by providing a detailed description of the Hatch-Billops Collection as an institution. The Hatch-Billops Collection attracted a multitude of black artists and others interested in black art; it was a place where they could view, research, and discuss issues of the day that influenced the production of art. Inspired by the conversations that took place within the salon, Billops and Hatch began conducting oral histories of a variety of artists, publishing their stories in a journal of their own creation entitled Artist and Influence. McDaniels structures the book in a similar vein and includes reflections from those who were influenced by Billops and Hatch. Also included is a transcript of his own interview with them in which they discuss their careers and describe the impact of their art and archives.
McDaniels offers an understanding of the origins of Billops and Hatch’s use of art to highlight social and political issues by including a timeline that captures the moment when Billops and Hatch met and began to use their art as a tool for activism. The timeline chronicles Billops’s and Hatch’s careers in the arts beginning in 1960, when Hatch penned Fly Blackbird, a musical-play coauthored with C. Bernard Jackson, and inspired by student protests against racial discrimination. The future couple met in 1960 during the production of Fly Blackbird and began their collaborative use of art to make social and political statements. McDaniels includes this influence of societal inequalities in their work by showcasing specific materials from the archives that grapple with these issues. Fly Blackbird tackles the issue of resistance to racial discrimination by centering the play on a young woman’s participation in student protests and her father’s disapproval of her involvement. The play explores the relationship between father and daughter during a pivotal time of rebellion and upheaval of society’s status quo during the Civil Rights Movement. Among Camille Billops’s many drawings, paintings, and sculptures featured in Still Raising Hell, McDaniels chose to highlight the KKK Boutique Ain’t Just Rednecks (1993). A color-offset lithograph that mocks racism enacted by people of all races, it centers on a black-owned boutique that sells Ku Klux Klan merchandise. As described in a reflection by artist, art historian, and writer Amalia K. Amaki, Billops “used tilted planes, angles, color, contrast, proportions, comic book like appearances, and dramatic gestures to create a sense of theatrics in compressed time and space” (53). In this lithograph, Billops exposes prejudices found within black people to make the statement that racism is not limited to one racial or ethnic group. McDaniels also showcases Billops’s contributions to film, which explore a multitude of human issues beyond race relations. Billops and Hatch use the camera to capture the motivations and repercussions of personal decisions. An enlarged image of a film poster for the documentary Finding Christa (1991) examines the subject of adoption and shows Billops’ emotional experience as a mother giving up her daughter, Christa, and how the daughter came to terms with her mother’s decision. McDaniels includes such stories as a marking of their collective contribution to tackling various societal issues through the production of art.
McDaniels wrote Still Raising Hell: The Art, Activism, and Archives of Camille Billops and James V. Hatch to illustrate the importance of art, archives, and their influence to challenge social mores. Camille Billops and James V. Hatch continue to collect and preserve art as well as educate the public about black art through various forums. Collecting black art has long been a part of Billops’s and Hatch’s lives; they realized early on the importance of preserving materials related to the African diaspora that were not previously seen as influential in the mainstream art world. Hatch’s dedication to collecting materials related to black theater dispels previous misconceptions of black contributions to theatrical productions; Billops’s curation of publications, ephemera, and photographs from across the diaspora led to the joint creation of the Hatch-Billops Collection, an archive in which a variety of visitors benefit from learning and engaging with materials related to black art. Billops and Hatch used their own creative energies to express issues that society chooses to ignore or deny. Many of the sculptures, films, drawings, and paintings by Billops highlight racial, social, and gender issues within the African American community and society at large, and Hatch’s plays and writings capture the essence of social and political protests. McDaniels uses the Camille Billops and James V. Hatch Archives and the James V. Hatch and Camille Billops Papers to illustrate the ways that art and archives can be used to mobilize social change.

matches: V. V. V. V. V. V. V. V. V. V.


text:
In the U.S., can a company use other’s intellectual property in these ways without being under a licensing agreement? The answer: “Yes, sometimes.” While it might seem an anathema for any sensible licensing professional to use a celebrity’s name or likeness in their company’s products or advertising without securing a licensing agreement, there are certain situations where doing so may be unavoidable.
Note that many retailers will require manufacturers or resellers to submit authentication letters or some other proof that their goods are officially licensed in addition to an indemnification that the retailer will not be held liable for any related issues. So even if you’re legally in the clear, you might still not be able to stock the shelves at Amazon or Walmart.
The principal legal issue raised by unauthorized use of a celebrity for commercial purposes involves not federal but state law, specifically, the so-called “right of publicity.” In 38 states, individuals have not just privacy but property rights in the use of their name, likeness, voice and other personal traits for commercial purposes. (See LAWSCAPE to look up the laws of your state). Unlicensed use may violate the right of publicity and subject your company to lawsuits and damages.
But companies have rights, too, including the right to free speech under the First Amendment. In some situations, a company’s First Amendment rights outweigh a celebrity’s right of publicity. Result: They don’t need a license to use the celebrity. Unfortunately, these situations are extraordinarily specific. The important thing is to make sure you understand where the lines are drawn.
The rarest of situations—where you won’t be able to obtain a licensing agreement but your use will nevertheless remain legally unchallenged. In this case, the celebrity has effectively donated their name and likeness to the public.
Supreme Court Justice Ruth Bader Ginsburg has no official licensing program but has decided not to enforce her right of publicity—that is, she is happy to allow merchandise bearing her likeness or name to be sold without any restrictions.
Samsung’s use of Olympic athletes’ images and bios for “Genome Project” app enabling users to compare their Facebook profiles to the athletes that wasn’t designed to promote any Samsung products [Spitz v. Samsung Elecs. Am., Inc. (2013)].
Cell phone company’s press release comparing its emergency preparedness program to famous test pilot Chuck Yeager’s breaking the sound barrier was commercial because announcing the plan promoted an enhancement of its wireless service [Yeager v. Cingular Wireless, LLC (2009)].
What Happened: The rapper Pitbull includes the following lyric in his hit song “Give Me Everything Tonight”: “So, I’m tiptoein’, to keep flowin’/I got it locked up like Lindsay Lohan.” Ms. Lohan claims that she didn’t authorize the use of her name and sues Pitbull, the record label and its parent company for violating the NY state version of her right of publicity.
Ruling: The U.S. District Court dismisses the case without a trial [Lohan v. Perez (2013)].
The use of the name “is entirely incidental” to the song’s theme.
What Happened: EA Sports introduces a new feature to the 2010 version of its popular “Madden NFL” video game: the option to play “classic” NFL teams from different eras using former players as characters. A group of former players used in the game sues EA for violating their right of publicity. EA claims it doesn’t need a license because the use was “incidental” and asks the court to throw out the case.
Ruling: The U.S. Court of Appeals for the 9th Circuit says the use wasn’t incidental [Davis v. Electronic Arts Inc. (2015)].
The use of the retired players for “classic” matchups was a prominent part of EA’s advertising.
Local newspaper’s sale of poster reproductions of front page featuring QB Joe Montana paintings after 1990 Super Bowl because posters report “newsworthy events” [Montana v. San Jose Mercury News, Inc. (1995)].
Store’s use of illustration of famous surfer in its catalog is merely “window-dressing to advance the catalog’s surf theme and did not contribute significantly to a matter of public interest” [Downing v. Abercrombie & Fitch (2001)].
The use of a person’s identity without a license is allowed where the likeness is so transformed that it becomes an original expression rather than just a reproduction of the celebrity’s likeness. Although better suited for works of art, “transformative use” can also work in commercial settings.
Use of distortion, context, etc., transforms Andy Warhol silkscreens of Marilyn Monroe from mere reproductions into original form of social commentary.
Silkscreen prints of charcoal 3 Stooges drawings for tee-shirts and other retail items are straight commercial reproductions, not original works [Comedy III Productions v. Saderup (2001)].
First Amendment protects comic book publisher’s right to caricature musicians Johnny and Edgar Winter as “villainous half-worm, half-human” characters where drawings aren’t just “conventional depictions” but original expressions designed to lampoon [Winter v. DC Comics (2002)].
iv. The use was primarily for purposes of parody or caricature.
You should, of course, consult with counsel first. Even if you’re confident that you have the legal right to do something, that doesn’t mean someone else will agree—consider if you have the time and money to invest in defending against claims of infringement or even a formal lawsuit.
And last but not least, remember that right of publicity isn’t the only legal risk. Unlicensed use of a celebrity can also result in liability under other laws, including copyright, trademark, and false advertising.

matches: v. v. v. v. v. v. v. v.


text:
FGCU is offering a five (5) course Manual Therapy Continuing Education series. The series prepares participants to sit for the FGCU Manual Therapy Certification Exam (FGCU-MTC).
This course integrates current pain neuroscience with DermoNeuroModulating and The Feldenkrais Method to help Physical and Occupational Therapists more effectively and efficiently achieve short and long-term gains with patients who present with persistent upper quarter pain syndromes.
Research and scholarly/creative activities of the faculty and students enriches and broadens the learning experience. Our faculty have a wide variety of professional papers, published textbooks, and presentations at both national and international conferences.
Operation Teamwork: FGCU. Cruz A, Garcia E, Spaziani V, Stoner G.
Exploration of Animal Assisted Therapy in Occupational Therapy. Jauregui H, Oster L, Harrison K.
Lateral Ankle Triad in a Collegiate Football Athlete. Alexander E, Felton S, Craddock J, Shervington K.
Hip Pain in a College Lacrosse Player. Connolly D, Felton S, Craddock J, Knight A.
Management and Treatment of Lumbar Sacralization in a College Volleyball Athlete. Enriquez A, Felton S, Craddock J.
Cartilage “Blister” of the Lateral Femoral Condyle with a Proximal Tibiofibular Sprain in a College Basketball Athlete. Gentry J, Felton S, Craddock J.
Hyperextension of the Knee Leading to a Torn LCL and Hamstring in College Football Athlete. Hanson C, Felton S, Craddock J.
Percutaneous Tenotomy on a Golfer with Chronic Lateral Epicondylitis. Hercules T, Craddock J, Felton S.
The Benefits of Preoperative Rehabilitation (Prehab) on Patient Recovery from Labral Reconstructive Surgery. Hill D, Felton S, Desmartaeu T, Craddock J.
Right Proximal Tibia Open Reduction Internal Fixation. Kowalski N, Felton S, Craddock J.
Patient with a Right Ankle Haglund’s Deformity. Llanos C, Felton S, Craddock J.
Anterior Cruciate Ligament Reconstruction with a Contralateral Patella Tendon Graft in a College Football Athlete. McGovern M, Felton S, Tufaro V, Craddock J.
Herniated Lumbar Disk (L5) with Associated Myotome Defect. McPherson A, Craddock J, Felton S.
Acetabular Labral Tear in a Female Patient with Chronic Upper and Lower Extremity Spasticity. Moore M, Felton S, Craddock J, Klassen S.
UCL Tear in a Minor League Baseball Athlete. Morello A, Felton S, Craddock J, Dietze C.
Osteochondritis Dissecans and Chondromalacia of the Talus in Male College Soccer Player. Octavius S, Felton S, Romasco A, Craddock J.
Post Compartment Syndrome Affects in a College Football Athlete. O’Neal-Belmont B, Felton S, Craddock J, Desmarteau T.
Torn ACL, MCL, Menisci, and Joint Capsule in College Football Player. Polzer-Dregne E, Felton S, Craddock J, Anderson A.
Displacement and Fracture of the Radial Head with Ulnar Dislocation. Schappacher S, Felton S, Craddock J, Desmarteau T.
Rhabdomyolysis in a College Football Player. Smith K, Felton S, Craddock J, Howard J.
Heat Illness Symptoms with Delayed Onset Concussion Symptoms in a College Football Athlete. Zoghbi A, Felton S, Howard J, Craddock J.
Physical Activity Breaks in FGCU Classes. Lanza J, Bauer P, Jeffreys-Heil R, Cordova M.
Use of Functional Movement Screen in Division One Collegiate Softball Athletes in Injury and Management. Carpenter K, Bizub J, Black S, Swanson V.
Barriers to Adherence of Home Exercise Programs in Patients with Shoulder Pathology. Franz E, Uhazie R, van Duijn J, Donald E, Daramola C.
Force Produced by Orthopedic Physical Therapists During Thoracic Spine Joint Mobility Assessment and Manipulation. Hoogerhyde J, Shamus E, van Duijn A.
Manual Therapy Treatment for a 15-Year Old Tennis Player: Case Report. Khan M, Shamus E, Black S.
The Effects of Hippotherapy on the Gross Motor Function Abilities of Children with Cerebral Palsy using Clinical Outcome Measures and Parent/Guardian Reported Outcomes. Lacey T, Tutunick R, Donald E, Fabrizi S.
Blood Flow Restriction Training. Lafont M, Elokda A, Jeffreys-Heil R.
International Service Learning in the Health Professions: Perceived Value of the Student Experience. Larghi N, Gonzalez J, Jaffe L, Donald E.
Ultrasound Imaging to Evaluate Acute Adaptations of the Medial Elbow Joint Complex in College Baseball Pitchers. Lynch K, van Duijn A, Felton S, Cordova M.
Is There a Relationship between the Timing of Early Mobilization of Patients Administered by Physical Therapy in the Intensive Care Unit at Lee Health: HealthPark Medical Center and Their Length of Stay. Penly D, Wethington J, Swanick K, van Duijn J, Brown D.
Interdisciplinary Treatment of Chronic Pain in a Patient with Post-Traumatic Stress Disorder Using Battlefield Acupuncture and Physical Therapy Intervention: A Case Report. Reidy A, Donald E, van Duijn A.
Effect of Kinesio® Tape on Stabilization and Strengthening in People with Chronic Ankle Sprains. Shea D, Lucchesi J.
Prevalence, Severity and Career Specific Characteristics Associated with Low Back Pain in Rehabilitation Staff. Smart K, DiMarco A, van Duijn A, van Duijn J.
Integrating Motivational Interviewing into Tobacco Cessation Counseling: A Case Report. Stasi J, Shamus E, Black S.
The Correlation between Activity Levels and the Functional Outcomes of Patients Affected by Stroke at an Inpatient Rehabilitation Center. Valencia Victoria V, Franks S, Venglar M, Jeffreys-Heil R.
Screening for Stress Urinary Incontinence by Florida Physical Therapists: Practice Survery. Balboa S, Mathew M, van Duijn J, Pignataro R.
Physical Therapy Management of the Obese Dysvascular Patient with an Amputation : A Case Report.Ballough M, Swanson V, Donald E.
Kinesiotape® Application to the External Oblique and Resulting Effects on Club Head Velocity and Total Driving Distance on Low-Handicap Collegiate Golfers. Bridge J, Craddock J, Venglar M.
The Relationship between the Physical Therapist Clinical Performance Instrument Scores and Doctor of Physical Therapy Learning Styles. Courtright J, van Duijn J, Pignataro R, Donald E.
Congenital Muscle Torticollis: Importance of Differential Diagnosis: A Case Report. Eddinger C, Donald E, Pignataro R, van Duijn A.
Manual Therapy Treatment for Lumbar Stenosis and Accompanying Radiating Pain: A Case Report. Emery R, van Duijn A, Shamus E.
Complexities in Measuring Hemispatial Neglect: A Case Report Comparison of Objective Measures in a Professional Body Builder Post-Stroke. Golde T, Venglar M, Swanson V.
Does the Direct Application of Kinesio® Tape Have an Effect on Time to Peak Muscle Torque of the Concentric Contraction of the Quadriceps Muscle in Healthy Young Adults? Haerle K, Zwiebel J, Craddock J, Venglar M.
Self-Reported Vital Sign Assessment in Physical Therapy. Harrison C, Donald E, Swanick K.
Using Functional Movement Screen to Predict Injury in CrossFit® Athletes. LaFontaine E, Serenko J, Black S, Elokda A.
Physical Therapy Interventions Including Manual Therapy, Exercise, and Pilates in the Management of a Patient with Pregnancy-Related Low Back Pain: A Case Report. Lovos S, van Duijn A, Pignataro R.
Effects of Underwater Treadmill Training with Real-Time Visual Feedback on Ambulation of a Person Who has Experienced a Stroke. Pagkanlungan E, van Duijn A, Venglar M.
Effect of Body Weight Supported Treadmill Training to Improve Gait Efficiency in Persons with Below Knee Amputations: A Retrospective Case Report. Rutledge C, Swanson V, Pignataro R.
Does Eccentric Quadriceps Strengthening Increase Balance Control and Reduce Risk of Falls in the Elderly? A Pilot Study. Seifert S, van Duijn A, Shamus E, Douglas E.
Analyzing the Effects of Virtual Reality and Treadmill Gait Training Following a Cerebrovascular Accident.Shwket H, Sauerwald J, Venglar M, Lura D.
Physical Therapy Intervention in the Management of a Patient with Lymphedema Secondary to Oropharyngeal Cancer. Simone A, van Duijn A, Venglar M.
The Effect of RockTape Application to the Anterior Thigh When Kicking a Soccer Ball. Terrou A, Hayden P, Black S, Swanson V.
The Impact of RockTape® on Painful Knee Flexion Secondary to Prolonged Immobilization. Wingert R, van Duijn A, Venglar M.
The Effects of Wellness Center-Based Exercise in People with Multiple Sclerosis: A Program Review. Young J, Pignataro R, Venglar M.
Exercise Management with a Patient with Cerebral Palsy, Case Report. Calacci C, Shamus E, Fabrizi S.
The Effect of Counter-Clockwise Vibration Platform Training in the Geriatric Population on Postural Sway. Hickey R, Wann A, Shamus E, van Duijn A.
The Effect of a PeriodizedResistance Training (RT) Program and Strength and Ambulation in an Individual with Incomplete Chronic Spinal Cord Injury. Bowditch J, Hunt D, Venglar M, Golde T, Goddard L.M.
Burnett, K, Daniels, H, Dean, D, DeMarco, M, Graessle, T, Jones, BK, Jaffe, L. Recovery and Community Involvement. Poster, FOTA, Florida Occupational Therapy Association, Orlando, FL. November, 2015.
Giallella, R., McCall, J, Stitley, A, Warren, K, Allen, D, Jaffe, L. A comparison of the Disabilities of the Arm, Shoulder, and Hand Outcomes Measure and the Michigan Hand Outcomes Questionnaire in external responsiveness over time. Poster, FOTA, Florida Occupational Therapy Association, Orlando, FL. November, 2015.
Harvitt, E, Maddox, G, Bjazevic, S, Favorito, L, Jaffe, L. Lifestyle History Questionnaire-Youth Version: A Pilot Study. Poster, November, 2015.
Black SA, Hoeft K. Managing a male golfers low back pain and sacroiliac joint pain using manual therapy and therapeutic exercises to avoid surgery and continue scratch level play. Journal Physical Therapy and Sports Medicine. 2018;2(1).
Black S. Current methods in management of femoral acetabular impingement. Education track at the Medical Fitness Association Annual International Conference. New Orleans, LA. November 7-9, 2018.
Felton S, van Duijn A, Cordova M. Does shoulder joint ROM predict medial elbow joint space and UCL thickness? American College of Sports Medicine, Annual Meeting. Minneapolis, MN. June 1, 2018.
Hunt D, Chapa D, Lynn C. A relatively new addition ICD-10-CM Code M62.64: Do you know what it is for and how to diagnose and treat? National Nurse Symposium. Keystone, CO. July 20-22, 2018.
Jeffreys-Heil R. The Exercise is Medicine- On Campus solution. American College of Sports Medicine, Annual Meeting. Minneapolis, MN. May 30, 2018.
Lynch K, van Duijn A, Felton S, Cordova M. Ultrasound imaging to evaluate acute adaptations of the medial elbow joint complex in college baseball pitchers. American College of Sports Medicine, Annual Meeting. Minneapolis, MN. June 1, 2018.
Shamus E, Bengtson S, Griffin S, Elokda A, Malley L. Challenging the testing protocol of the BOD POD.American College of Sports Medicine, Annual Meeting. Minneapolis, MN. May 30, 2018.
Shamus E, Shamus J, Duijn AV. Vertical jump testing in relationship to participants’ height and weight for sport integration. J Phys Ther Sports Med 2018;2(1):1-4.
van Duijn A, Felton S, Lynch K, Cordova M. Utilizing ultrasound imaging to evaluate acute doppler flow adaptations of the medial elbow. American College of Sports Medicine, Annual Meeting. Minneapolis, MN. May 31, 2018.
Belanger B, Fabrizi S, Myers E. Hurricane Irma: The lived experience of an occupational therapy program. OT Practice 2017 Nov 27;22(21):23-5.
Brooks M, Felton S, Craddock J. Conservative treatment of a posterior labrum tear in college football athlete. National Athletic Trainers’ Association Convention. Houston, TX. June 27, 2017. Poster presentation.
Burkett P, Felton S, Cordova M. Body composition changes in female collegiate soccer athletes from preseason to postseason. American College of Sports Medicine Annual Meeting. Denver, CO. June 1, 2017. Poster Presentation.
D’Amico M, Jaffe L. Lighten Up Your Classroom. In Bradshaw M, Hultquist B (Eds.) Innovative Teaching Strategies in Nursing and Related Health Professions, 7e. Boston, MA, Jones & Bartlett. 2017.
Felton S, van Duijn A, Shamus E, Cordova M. Diagnostic ultrasound imaging in assessing medial elbow joint space in college baseball pitchers. American College of Sports Medicine Annual Meeting. Denver, CO. June 1, 2017. Poster Presentation.
Hogg RT, Bromage TG, Goldman HM, Katris JA, Clement JG. The Havers-Halberg oscillation cycle and bone metabolism. In: Percival CJ, Richtsmeier JT, eds. Building Bones: Early Bone Development in Anthropology. Cambridge: Cambridge UP; 2017 (ISBN 9781107122789).
Jaffe L. Games Amplify Motivation in Educational Situations. In Bradshaw M, Hultquist B (Eds.) Innovative Teaching Strategies in Nursing and Related Health Professions, 7e. Boston, MA, Jones & Bartlett. 2017.
Jeffreys-Heil R, Bauer P, Shamus E, Cordova M. EIM@FGCU: Year 1 baseline data. American College of Sports Medicine Annual Meeting. Denver, CO. June 1, 2017. Poster Presentation.
Mullins-Zugelder K, Felton S, Craddock J, Desmarteau T. Nerve pain following surgical procedures in college bowling athlete. National Athletic Trainers’ Association Convention. Houston, TX. June 27, 2017. Poster presentation.
Shamus E, Shamus J. Sports Injury Prevention and Rehabilitation, 2e. McGraw-Hill, New York, NY, 2016. eISBN 1259589412. Spring 2017.
Sung, C., & Connor, A. (2017). Social-cognitive predictors of vocational outcomes in transition youth with epilepsy: Application of social cognitive career theory. Rehabilitation psychology, 62(3), 276.
van Duijn A, Felton S, Shamus E, Smith B, Cordova M. Assessing UCL width during valgus load in college baseball pitchers using ultrasound imaging. American College of Sports Medicine Annual Meeting. Denver, CO. June 1, 2017. Poster Presentation.
Wall K, Craddock J, Felton S. Diabetic with lipodystrophy. National Athletic Trainers’ Association Convention. Houston, TX. June 27, 2017. Poster presentation.
Ward N, Hogg R, Smith T, Gografe S. Do secretory ameloblasts divide? Experimental evidence. Experimental Biology. Chicago, IL. April 24, 2017. Poster presentation.
Castor SC, Craddock JC, Felton SD. Low back pain due to sactoilitis, leg length discrepancy, and disc pathology in a female collegiate athlete. Journal of Athletic Training. 2016:51(6)(supplement):S-311.
Craddock JC, Pignataro R, Daramola C. Athletic Trainers and the National Health Agenda: Promoting Health Behavior Change. Clinical Kinesiology. 2016;70(4):44-51.
Fabrizi SE, Ito MA, Winston K. Effect of occupational therapy led playgroups in early intervention on child playfulness and caregiver responsiveness: a repeated measures design. American Journal of Occupational Therapy. 2016;70(2):700220020p1-9. doi: 10.5014/ajot.2016.017012.
Huang GC, Lindell D, Jaffe L, Sullivan A. A multi-site study of strategies to teach critical thinking: ‘why do you think that?’. Medical Education. 2016;50:236-249.
Jaasko O, Craddock JC, Felton SD. Low back pain with hip weakness in a masters golf athlete. Journal of Athletic Training. 2016:51(6):S311.
Jeffreys RM, Edwards D, Evans E, Melton B, Jackson W, Drake N. EOM-OC: Programs and Learnings from SEACSM Institutions. Annual Meeting of the Southeast Chapter of the American College of Sports Medicine, Greenville, SC. February 18-20, 2016.
Moogerfeld E, Craddock JC, Felton SD. Low leg pain in college softball athlete. Journal of Athletic Training. 2016:51(6):S347.
Posey KG, Craddock JC, Guadalupe IC, Felton SD. Collegiate volleyball player experiencing unilateral blindness with strenuous activity. Journal of Athletic Training. 2016:51(6):S69.
Reuter P, Weiss V. Anatomy & Physiology for Health Professions, 4e. Fort Myers: Reuter Academic Publishing, 2016.
Reuter P, Weiss V. Anatomy & Physiology Essentials, 3e. Fort Myers: Reuter Academic Publishing, 2016.
van Duijn A, Hatch M, Sollie K, Shamus E. Quadrieps-to-Hamstrings Coactivation Ratios During Closed Chain, High Velocity Exerise in Healthy Recreationally Active Adults. Presentation, APTA Combined Sections Meeting, Anaheim, CA. 2016.
Quartarolo I, Yassunaga L Jr., Santinha J, Gabriel R, Shamus E. Electromyographic Analysis of the Tibialis Anterior and Peroneus Longus Muscles in Pilates Proprioceptive Exercises. American Journal of Sports Training.2016;45:19.
Rodriguez ER, Craddock JC, Felton SD. Olecrannon epiphyseal fracture and UCL tear in college baseball athlete. Journal of Athletic Training. 2016:51(6) (supplement):S-329.
Shamus E, van Duijn A. Manual Therapy for the Extremities. Jones and Bartlett, Boston, MA. February 2016.
Stevens AL, Felton SD, Craddock JC. Chronic talonavicular and subtalar dislocations in a recreational golfer. Journal of Athletic Training. 2016:51(6):S336-7.
van Duijn A, Hatch M, Sollie K, Shamus, E. Quadrieps-to-hamstrings coactivation ratios during closed chain, high velocity exercise in healthy recreationally active adults. Presentation, APTA Combined Sections Meeting, Anaheim, CA. 2016.
van Duijn A, Felton S. Ultrasound imaging of ulnar collateral ligament injury. JOSPT. 2016;46(12):1086.
Cordova ML. Does Ankle Taping or Bracing Impair Functional Performance? In: Wikstrom EA, McKeon PO, eds. Quick Questions in Ankle Sprains: Expert Advice in Sports Medicine. Thorofare, NJ: SLACK, Inc.; 2015 (ISBN-10 1-61711-817-6).
Fabrizi S. Splashing our way to Playfulness! An Aquatic Playgroup for Young Children with Autism, A repeated Measures Design. Journal of Occupational Therapy, Schools, & Early Intervention, Monthly. 2015;21-22.
Hicks-Little CA, Peindl RD, Hubbard-Turner TJ, Cordova ML. The Relationship Between Early-Stage Knee Osteoarthritis and Lower-Extremity Alignment, Joint Laxity, and Subjective Scores of Pain, Stiffness, and Function. J Sport Rehabil. 2016 Aug;25(3):213-8. doi: 10-1123/jsr.2014-0170. Epub 2016 Jul 21.
Hunt D, Shamus E. Anterior Shin Splints. In Shamus E. The Color Atlas of Physical Therapy. McGraw-Hill Publishing. NY, New York. 2015, ISBN: 978-0-07-181351-8.
Hunt D, Chapa D, Hess B, Swanick K, Hovanec A. The Importance of Resistance Training in the Treatment of Sarcopenia. Journal of Nursing Education and Practice. 2015; 39-43.
Jaffe L, Gibson RW, D'Amico ML. Process-Oriented Guided-Inquiry Learning: A natural fit for occupational therapy education. Occupational Therapy in Health Care. 2015;29(2). doi:10.3109/07380577.2015.1010030.
Jeffreys RM. Florida Gulf Coast University, Well Being Seminar Grant, 2015. The Brining Theory to Practice Project, with the support of the S. Engelhard Center and the Christian A. Johnson Endeavor Foundation, November 2015.
Lounsbury P, Elokda A, Gylten D, et al. Text-messaging program improves outcomes in outpatient cardiovascular rehabilitation. International Journal of Cardiology Hearts & Vasculature. 2015; 7:170-175.
Pignataro R, Gurka M, Jones D, Kershner R, et al. Educating Physical Therapist Students in Tobacco Cessation Counseling: Feasibility and Preliminary Outcomes. Journal of Physical Therapy Education. 2015; 29(3):68-79.
Pignataro R, Huddleston J. The Use of Motivational Interviewing in Physical Therapy Education and Practice: Empowering Patients through Effective Self-Management. Journal of Physical Therapy Education. 2015;29(2).
Reuter PR, Randell H, Reuter KE. Knowledge and Attitudes towards HIV/AIDS and Sexually Transmitted Infections in Young Adults in Madagascar. University of Mauritius Research Journal. 2015;21:616-644.
Shamus E. Color Atlas of Physical Therapy. New York, NY, McGraw-Hill. 2015.
Shamus J, Shamus E. The Management of Iliotibial Band Syndrome with a Multifaced Approach: A Double Case Report. The International Journal of Sports Physical Therapy. 2015;10(3).
Reuter P, Weiss V. Advanced A&P for Health Professions A Course Companion Fort Myers: Reuter Academic Publishing. 2015.
Gill KF, Arthur ST, Swaine IL, Devereux GR, Huett YM, Wikstron EA, Cordova ML, Hoden R. Intensity-Dependent Reductions in Resting Blood Pressure Following Short-Term Isometric Exercise Training. Journal of Sports Sciences. 2014; doi:10.1080/02640414.2014.953979.
Craddock JC, Black S. Bostrom Procedure and Removal of Accessory Ossicle for the Right Ankle: A Case Analysis. National Athletic Trainers Association 65th Clinical Symposia and AT Expo, 2014.
Salem Y, Elokda A Use of Virtual Reality Gaming Systems for Children Who are Critically Ill. Journal of Pediatric Rehabilitation Medicine: An Interdisciplinary Approach. 2014;273-276.
Manspeaker S, Henderson K, Riddle D. Treatment of Exertional Rhabdomyolysis Among Athletes: A Systematic Review Protocol. JBI Database of Systematic Reviews & Implementation Reports. 2014;112-120.
Chapa DW, Akintade B, Son H, Woltz P, Hunt D, Friedmann E, Hartung M, Thomas SA. Pathophysiological Relationships Between Heart Failure, and Depression and Anxiety. Critical Care Nurse. April 2014;34:14-25.
Asher L, Jaffe L. The Assessment Tool. In Asher (Ed.) Occupational Therapy Assessment Tools: An Annotated Index, 4e. Bethesda, MD: AOTA Press. 2014.
Jaffe L, Cosper S, Bell B Working with Families. In Case-Smith J, O’Brien J, (Eds.) Occupational Therapy for Children, 7e. St. Louis, MO: Elsevier Mosby. 2014.
Cosper S, Jaffe L Synchronous Distance Education: Bringing Everyone Together. In Bradshaw M, Lowenstein A (Eds.) Innovative Teaching Strategies in Nursing and Related Health Professions, 6e. Jones & Bartlett, 2014.
Jeffreys RM, Bray MB, Jenkins T, Inge TH. Distinguishing Inactivity and Low Levels of Activity in Morbidly Obese Adolescents. Journal of Physical Activity and Heatlh. 2014.
Pignataro R, Ohtake P, Swisher A, Dino G. The Role of Physical Therapist in Smoking Cessation: Opportunities for Improving Treatment Outcomes. Physical Therapy Journal. 2014;92:757-766.
Pignataro R, Gurka M, Jones D, Kershner R, Ohtake P, Stauber W, Swisher A. Tobacco Cessation Counseling Training in US Entry-Level Physical Therapist Education Curricula: Prevalence, Content, and Associate Factors. Physical Therapy. 2014;94(9):1294-305.
Reuter KE, Geysimonyan A, Molina G, Reuter PR. Healthcare in Equatorial Guinea, West Africa: Obstacles and Barriers to Care. Pan African Medical Journal. 2014;19:369.
Reuter P. Anatomy & Physiology Essentials, 2e. Fort Myers: Reuter Academic Publishing. 2014.
Reuter P. Anatomy & Physiology for Health Professions, 3e. Fort Myers: Reuter Academic Publishing. 2014.
Bromage T, Hogg R, Lacruz R., Hou C. Primate Enamel Evinces Long Period Biological Timing and Regulation of LifeHistory. Journal of Theoretical Biology. 2012; 131-144.
Denegar CR, Cordova ML. Application of Statistics in Establishing Diagnostic Certainty. Journal of Athletic Training. 2012; 47:233-236.
Gao B, Cordova ML, Zheng N. Three-Dimensional Joint Kinematics of ACL-Deficient and ACL-Reconstructed Knees During Stair Accent and Descent. Human Movement Science. 2012; 31:222-235.
Hicks-Litte CA, Peindl RD, Fehring TK, Odum SM, Hubbard TJ, Cordova ML. Temporal-Spatial Gait Adaptations During Stair Ascent and Descent in Patients with Knee Osteoarthritis. Journal of Arthroplasty. 2012; 27:1183-1189.
Hunt D, Williamson E, Rautenkranz K. The effects of progressive resistance training on strength of individuals older than 80 years of age. Aging and Society: An Interdisciplinary Journal. 2012;1 (2).
Wells S, Hogg R. Fencing: A Motion Analysis of Attacks and Common Exercises to Improve Speed. NSCA's Performance Training Journal. 2012;11:12-13.
Hunt D, Williamson E, Rautenkranz K. The Effect of Progressive Resistance Training on Strength in the Lower Extremities of Individuals Older Than 80 years of Age. International Journal of Aging and Society. 2012;1(2) 41-54.
Jeffreys RM, Hrovat K, Woo JG, Schmidt M, Inge TH, Xanthakos S. Dietarty Assessment of Adolescents Undergoing Laparoscopic Roux-en-Y Gastric Gypass Surgery: Macro and Micronutrient, Fiber and Supplement Intake. Surgery for Obesity and Related Disorders. May-June 2012;8(3):331-6.
Reuter P. Anatomy & Physiology I Course Companion & Lab Workbook. Fort Myers: Reuter Medical. 2012.
Reuter P. Anatomy & Physiology II Course Companion & Lab Workbook. Fort Myers: Reuter Medical. 2012.
Shamus E. Quick Answers: Physiotherapy (E-Book). www.accessphysiotherapy.com. New York, NY: McGraw-Hill. 2012.
Venglar M. Tai chi improves balance in people with Parkinson’s disease. Evid Based Med. ebmed-2012-100664. Published Online 26 June 2012.
Qureshi Y, Shamus E. Unilateral Shoulder Bags: Can They Be Worn in a Way to Reduce Posural Asymmetry? The Internet Journal of Allied Health Sciences ad Practice. 2012;10.
Wessel N, Shamus E, Johnson K, Quereshi Y, O'Connor M, Mehra R. S2 Association of Biomechanical Changes with Weight Gain Throughout Pregnancy. JAOA. 2012;112(1):36.
Hogg R, Ravosa M, Ryan T, Vinyard C. The Functional Morphology of the Anterior Masticatory Apparatus in Tree-Gouging Marmosets (Cebidae, Primates). Journal of Morphology. 2011: 833-849.
Hogg R, Walker R. Life-History Correlates of Enamel Microstructure in Cebidae (Phatyrrhini, Primates). The Anatomical Records. 2011; 2193-2206.
Reuter P. Springer Dictionary Oncology, 2e. Houten (NL): Springer. 2011.
Shamus E, Garcia A Identifying Risk Factors for Osetoporosis in Young Women. Internet Journal of Allied Health Sciences and Practice. 2011;9(4).
Shamus E, Stern D. Effective Documentation for Physical Therapy Professionals, 2ed. New York, NY: McGraw-Hill. 2011.

matches: V. V. V. V. V. V.


472 THE APPROPRIATIVE RIGHT were not acquired with a purchase of property "because water rights were not specifically mentioned in certain deeds."175 The Utah Supreme Court approved the statutory rule of that State that a deed in statutory form, without reservation of water, conveys whatever appurtenant rights the grantor has to the water used on the land.176 Other courts that approve the general rule also adopt the proviso that the conveyance will carry the rights appurtenant to the land unless expressly reserved from the grant.177 Another recognized exception is separate conveyance of the appurtenant water right away from the land on which the water is used.178 Likewise, where questions as to the intent of the parties have arisen, courts have held that the intent of the parties, at least where lawfully ex- pressed, must control the question of passing title to an appurtenant water right in a conveyance of the land.179 The above quotation from Wiel makes this point.180 Where a water right intended to be conveyed with land is so stated in the deed in express terms, the grantee takes that only which is expressly conveyed, and does not take any additional rights by implication.181 But in absence of language indicating a different intention on the part of the grantor, everything essential to the beneficial use and enjoyment of the property conveyed is to be considered as passing by the conveyance.182 When the deed conveying title to land does not specify the particular appurtenant water right alleged to have been conveyed with the land, or to what extent the use of water was appurtenant to it, extrinsic evidence must be resorted to in order to establish the fact.183 175Drake v. Smith, 54 Wash. (2d) 57, 61, 337 Pac. (2d) 1059 (1959). "A water right is an interest in real property appurtenant to the land and passes to the grantee when the land is conveyed." 176 Thompson v. McKinney, 91 Utah 89, 92-93, 63 Pac. (2d) 1056 (1937); Anderson v. Hamson, 50 Utah 151, 153, 167 Pac. 254 (1917). Utah Code Ann. § 73-1-11 (1968) provides that a right to the use of water appurtenant to land shall pass to the grantee of the land; but any such right or a part thereof may be reserved by the grantor in express terms in the conveyance, or it may be separately conveyed. ™Hogan v. Thrasher, 72 Mont. 318, 332, 233 Pac. 607 (1925); Russell v. Irish, 20 Idaho 194, 198-199, 118 Pac. 501 (1911). ™ Frank v. Hicks, 4 Wyo. 502, 528-529, 35 Pac. 475 (1894). This case was decided before the Wyoming Legislature changed the rule with respect to detachment of direct-flow rights from the land to which appurtenant. However, the rule as stated is applicable in most States. See, for example, Utah Code Ann. § 73-1-11 (1968). l79Lensing v. Day & Hansen Security Co., 67 Mont. 382, 384, 215 Pac. 999 (1923); Stinson v.Murray, 8 Alaska 167,174 (1930). 180 Applied in Dill v. Killip, 174 Oreg. 94, 98, 147 Pac. (2d) 896 (1944). 181Kofoed v.Bray, 69 Mont. 78, 84, 220 Pac. 532 (1923). 182 Yellowstone Valley Co. v. Associated Mortgage Investors, Inc., 88 Mont. 73, 84, 290 Pac. 255 (1930). li3Bullerdick v. Hermsmeyer, 32 Mont. 541, 550, 81 Pac. 334 (1905).


text:
Or "righteousness" (KJV, NASB, NIV, NRSV); NAB "justice"; NLT "hope for deliverance."
"the excavation of the hole."
The "rock" and "quarry" refer here to Abraham and Sarah, the progenitors of the nation.
Although Abraham and Sarah are distant ancestors of the people the prophet is addressing, they are spoken of as the immediate parents.
"one"; NLT "was alone"; TEV "was childless."
"Bless" may here carry the sense of "endue with potency, reproductive power." See Gen 1:28LEB.
"and I made him numerous."
"found in" (so NAB, NASB, NIV, NRSV).
"instruction [or "a law"] will go out from me."
"and my justice for a light to the nations I will cause to rest."
"my righteousness [or "vindication"] is near."
"and my arms will judge [on behalf of] nations."
Or "islands" (NIV); TEV "Distant lands."
"for my arm" (so NIV, NRSV).
"will be torn in pieces." The perfect indicates the certitude of the event, from Yahweh’s rhetorical perspective.
"my deliverance." The same Hebrew word can also be translated "salvation" (so KJV, NAB, NASB, NIV, NRSV, NLT); cf. CEV "victory."
"will not be shattered [or "dismayed"]."
"people (who have) my law in their heart."
"my vindication"; many English versions "my righteousness"; NRSV, TEV "my deliverance"; CEV "my victory."
The arm of Yahweh is a symbol of divine military power. Here it is personified and told to arouse itself from sleep and prepare for action.
"Are you not the one who smashed?" The feminine singular forms agree grammatically with the feminine noun "arm." The Hebrew text has ַהמַּחְצֶבֶת (hammakhtsevet), from the verbal root חָצַב (khatsav, "hew, chop"). The Qumran scroll 1QIsa has, probably correctly, המחצת, from the verbal root מָחַץ (makhats, "smash") which is used in Job 26:12LEB to describe Yahweh’s victory over "the Proud One."
This title (רַהַב, rahav, "proud one") is sometimes translated as a proper name: "Rahab" (cf. NAB, NASB, NIV, NRSV). It is used here of a symbolic sea monster, known elsewhere in the Bible and in Ugaritic myth as Leviathan. This sea creature symbolizes the forces of chaos that seek to destroy the created order. In the Bible "the Proud One" opposes Yahweh’s creative work, but is defeated (see Job 26:12LEB; Ps 89:10LEB). Here the title refers to Pharaoh’s Egyptian army that opposed Israel at the Red Sea (see v. 10, and note also Isa 30:7LEB and Ps 87:4LEB, where the title is used of Egypt).
The words "did you not" are understood by ellipsis (note the preceding line). The rhetorical questions here and in v. 10 expect the answer, "Yes, you certainly did!"
Hebrew תַּנִּין (tannin) is another name for the symbolic sea monster. See the note at Isa 27:1LEB. In this context the sea creature represents Egypt. See the note on the title "Proud One" earlier in this verse.
The Hebrew text reads literally, "Are you not the one who dried up the sea, the waters of the great deep, who made…?"
"the redeemed" (so ASV, NASB, NIV, NRSV); KJV "the ransomed."
"[will be] on their head[s]." "Joy" may be likened here to a crown (cf. 2 Sam 1:10LEB). The statement may also be an ironic twist on the idiom "earth/dust on the head" (cf. 2 Sam 1:2LEB; 2 Sam 13:19LEB; 2 Sam 15:32LEB; Job 2:12LEB), referring to a mourning practice.
"overtake" (so NIV); NASB "they will obtain."
"grief and groaning will flee."
The plural suffix should probably be emended to the second masculine singular (which is used in v. 13). The final mem (ם) is probably dittographic; note the mem at the beginning of the next word.
"Who are you that you are afraid of man who dies, and of the son of man who [as] grass is given up?" The feminine singular forms should probably be emended to the masculine singular (see v. 13). They have probably been influenced by the construction אַתְּ־הִיא (’at-hi’) in vv. 9–10.
Or "the heavens" (also in v. 16). The Hebrew term שָׁמַיִם (shamayim) may be translated "heavens" or "sky" depending on the context.
"and that you tremble constantly all the day."
The question anticipates the answer, "Ready to disappear!" See v. 14.
"who is stooped over" (under a burden).
"the pit" (so KJV); ASV, NAB "die and go down into the pit"; NASB, NIV "dungeon"; NCV "prison."
"he will not lack his bread."
The addressee (second masculine singular, as in vv. 13, 15) in this verse is unclear. The exiles are addressed in the immediately preceding verses (note the critical tone of vv. 12–13 and the reference to the exiles in v. 14). However, it seems unlikely that they are addressed in v. 16, for the addressee appears to be commissioned to tell Zion, who here represents the restored exiles, "you are my people." The addressee is distinct from the exiles. The language of v. 16a is reminiscent of Isa 49:2LEB and Isa 50:4LEB, where Yahweh’s special servant says he is Yahweh’s spokesman and effective instrument. Perhaps Yahweh, having spoken to the exiles in vv. 1–15, now responds to this servant, who spoke just prior to this in Isa 50:4–11LEB.
"I place my words in your mouth."
"with the shadow of my hand."
The Hebrew text has לִנְטֹעַ (lintoa’, "to plant"). Several scholars prefer to emend this form to לִנְטֹת (lintot) from נָטָה (natah, "to stretch out"); see v. 13, as well as Isa 40:22LEB; Isa 42:5LEB; Isa 44:24LEB; Isa 45:12LEB; cf. NAB, NCV, NRSV. However, since the Qumran scroll 1QIsa, LXX (and Aquila and Symmachus), and Vulgate support the MT reading, there is no need to emend the form. The interpretation is clear enough: Yahweh fixed the sky in its place.
The infinitives in v. 16b are most naturally understood as indicating the purpose of the divine actions described in v. 16a. The relationship of the third infinitive to the commission is clear enough – Yahweh has made the addressee (his special servant?) his spokesman so that the latter might speak encouraging words to those in Zion. But how do the first two infinitives relate? The text seems to indicate that Yahweh has commissioned the addressee so that the latter might create the universe! Perhaps creation imagery is employed metaphorically here to refer to the transformation that Jerusalem will experience (see Isa 65:17–18LEB).
"[you] who have drunk from the hand of Yahweh the cup of his anger."
"the goblet, the cup [that causes] staggering, you drank, you drained."
The Hebrew text has אֲנַחֲמֵךְ (’anakhamekh), a first person form, but the Qumran scroll 1QIsa reads correctly יִנַחֲמֵךְ (yinakhamekh), a third person form.
"those who are full of the anger of Yahweh, the shout [or "rebuke"] of your Yahweh."
"the cup of [= that causes] staggering" (so ASV, NAB, NRSV); NASB "the cup of reeling."
"the goblet of the cup of my anger."
That is, to make them drink it.

matches: v. v. v. v. v. v. v. v. v. v. v. v.


In In re Murray, chapter 13 debtor Mr. Murray (the “Debtor”), sued Revenue Management Corporation and Donald Aucoin (“Defendants”), alleging that the Defendants violated the Fair Debt Collection Practices Act (“FDCPA”). According to the Debtor, the Defendants violated the FDCPA by including a reference to purported litigation as reflected by inserting a “vs” between the Defendants’ names and the Debtor in the top right corner of a collection letter.
Section 546(c) of the Bankruptcy Code preserves a vendor’s right to reclaim goods sold to an insolvent debtor within forty-five days of the debtor’s bankruptcy filing. Courts have had to address whether a post-petition lender’s subsequently perfected security interest defeats the vendor’s reclamation rights when a post-petition loan is used to repay the debtor’s prepetition secured loan, which are generally subject to reclamation rights. In In re Reichold Holdings US, Inc., the United States Bankruptcy Court for the District of Delaware overruled a liquidating trustee’s objection to a vendor’s reclamation claim, holding that the vendor’s reclamation rights arose before a post-petition DIP lender’s liens attached, and as such, those liens were subject to the prior reclamation rights of the vendor.
In Rosenberg v. DVI Receivables XVII, LLC, the Third Circuit held that an award of damages after the dismissal of an involuntary bankruptcy petition does not preempt a claim for tortious interference with contracts and business relationships brought against the petitioning creditors by injured parties who were not alleged debtors. There, an involuntary bankruptcy was brought against a medical imaging company to collect on leases for various medical equipment. After the involuntary petition was dismissed, the alleged debtor sued the petitioning creditors to recover costs, attorney’s fees, and damages for the bad faith filing of the involuntary petition. The jury awarded the alleged debtor $1.1 million in compensatory damages and $5 million in punitive damages.
In In re Genesys Research Institute, the United States Bankruptcy Court for the District of Massachusetts denied motions for reconsideration holding there was no error in approving the sale and disposition of research equipment and biological samples free and clear of liens, claims, and interests. In support of its motion to sell research equipment by public auction and destroy experimental cancers cells, the Trustee of Genesys Research Institute, a debtor, argued that the costs and burdens of maintaining the biological materials warranted the prompt disposition of them. The Trustee noted that no party appeared to take custody and control of the biological materials despite all marketing efforts. The Trustee also represented that he had no ability to reorganize the research lab and that he was required to liquidate the debtor’s assets in furtherance of his duties as a chapter 11 trustee. The Court approved the disposition of the cells and the sale of the equipment free and clear of all interest and liens over the objection of, among others, the Department of Energy (“DOE”). The disposition of the research led to the incineration of (hundreds) of biological samples, backed by thousands of dollars in grants, which were part of vital cancer research. The researcher’s work was considered to be “groundbreaking and paradigm-shifting in the field of cancer biology” because they were able to turn normal human cells into cancer cells.
In Securities Investor Protection Corporation v. Bernie L. Madoff Investment Securities, LLC, the Bankruptcy Court for the Southern District of New York concluded that a recipient should return fictitious profits he gained through the Ponzi scheme operated by Bernard L. Madoff Investment Securities (“BLMIS”). Andrew Cohen withdrew approximately $4 million from his account at BLMIS between January 18, 1996 and December 11, 2008. Of that withdrawal, approximately $1.1 million was fictitious profit. Irving Picard, as the trustee of BLMIS, sought to recover the fictitious profits from several recipients, including Cohen, under Section 548 of the Bankruptcy Code. As a defense, Cohen asserted that he gave “value” to BLMIS when he received the fictitious profits. The bankruptcy court, however, rejected this defense and concluded that the District Court should find in favor of Picard.
In In re G-I Holdings, Inc., the Third Circuit of the United States Court of Appeals held that the New York City Housing Authority (“NYCHA”) could not repackage a claim for damages against G-I Holdings in the hopes of circumventing federal bankruptcy laws. G-I Holdings was the manufacturer of housing products containing asbestos. Seeking to address its asbestos related lawsuits, in 2001 GI Holdings filed for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of New Jersey. NYCHA submitted a half-billion dollar claim against G-I Holdings for property damage to its buildings. NYCHA claimed it had to take expensive measures to remove asbestos containing material from its buildings. In 2009, the District Court for the District of New Jersey and the Bankruptcy Court for the District of New Jersey approved a plan of reorganization that disposed all covered claims against G-I Holdings. Claim holders were also barred from reasserting such claims.
A “foreign representative” must obtain recognition of a foreign proceeding pursuant to 11 U.S.C. § 1517 prior to “apply[ing] directly to a court in the United States.” However, under § 1509(f), a foreign representative may sue in a United States court “to collect or recover a claim which is the property of the debtor” without first obtaining recognition. The scope of this exception, however, is unclear.
In In Re Omni Enterprises, an Alaska Bankruptcy Court held that a bank may enforce the security interest of a prior loan that has already been repaid to cure a new loan that is in default. In 2009, a borrower entered into a loan agreement with a bank for $1.3 million. The loan was partly secured by the borrower’s deposit accounts. After the 2009 loan was repaid, the borrower entered into a new loan agreement with the same bank for $2.6 million. The new loan was secured by, among other things, the borrower’s equipment, furnishings, and fixtures, but did not explicitly include the deposit accounts. In 2015, the borrower defaulted on the loan and the bank swept the deposit accounts, causing the borrower to file for chapter 7 under the Bankruptcy Code. According to the bank, it continued to have a lien on the deposit accounts notwithstanding the repayment of the 2009 loan. The borrower’s trustee then filed suit in the United States Bankruptcy Court for the District of Alaska. The Court ultimately agreed with the bank’s interpretation of the loan agreements, and held that the sweeping of the deposit accounts was permissible.
In In re LMM Sports Management, the United States Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court’s order disallowing a proof of claim that was filed after the deadline to file claims against the debtor (the “Bar Date”). Appellant Warner Angle Hallam Jackson & Formancek, P.L.C. (“Warner Angle”) filed proofs of claim against the debtor, LMM Sports Management (“LMM” or the “Debtor”), for legal services it provided to LLM in connection with a prior state court case against Your Source Pacific Fund I, LLP (“Your Source”). In the state court case, Your Source obtained a $2.4 million judgment against LLM, causing LLM to file for protection under chapter 11 of the Bankruptcy Code. The bankruptcy court approved a settlement of $1.5 million between Your Source and LMM (represented by new counsel) in full satisfaction of Your Source’s judgment over Warner Angle’s objection. Warner Angle filed its objection to the Debtor’s settlement motion on February 17, 2015, two months after the bar date. One day later, Warner Angle belatedly filed the proofs of claim. The Debtor objected to the proofs of claim arguing they should be disallowed as untimely. Warner Angle then filed a cross-motion requesting that the proofs be treated as timely because the late filing was the result of excusable neglect. The bankruptcy court rejected Warner Angle’s excusable neglect argument and denied its reconsideration motion. Warner Angle appealed.
In In re Motors Liquidation Co., the Second Circuit reversed the Bankruptcy Court of the Southern District of New York’s holding that the “free and clear” provision in the sale order barred plaintiff’s claims against New GM arising out of ignition switch defects. The Second Circuit acknowledged that the bankruptcy court was correct in concluding that even though the cars were not recalled for ignition switch defects until 2014, five years after the § 363 sale, there was ample evidence that Old GM knew or should have known about the ignition switch defect prior to bankruptcy. Therefore, due process dictates that claimants were entitled to notice of the sale by direct mail or an equivalent means. Unlike the bankruptcy court, the Second Circuit found that ignition switch claimants were prejudiced by this lack of notice. The Second Circuit could not confidently say that, given the circumstances, the outcome of the § 363 sale motion would have been the same if the claimants were notified and thus afforded the opportunity to be heard and partake in the negotiation.


text:
CONSUELO MALALUAN VDA. DE RECINTO, Petitioner, v. RUPERTO INCIONG and COURT OF APPEALS, Respondents.
Remegio L. Perez for Petitioner.
Amado M. Salazar for Private Respondent.
Petition for review on certiorari of the decision of the Court of Appeals which reversed the decision of the trial court in a suit for recovery of possession of a parcel of land.
V.	IN REVERSING THE DECISION OF THE TRIAL COURT.
Teehankee (Chairman), Makasiar, Antonio and Muñoz Palma, JJ., concur.
Antonio, J., is designated to sit in the First Division.
1.	Director of Lands v. Abache, 73 Phil. 117, citing P.I v. Trino, 50 Phil. 708.
2.	Angeles v. Samia, 66 Phil. 444, citing Gustilo v. Maravilla, 48 Phil. 442; Angelo v. Director of Lands, 49 Phil. 838.
3.	Ledesma v. Municipality of Iloilo, 49 Phil. 769.
4.	Marta Quinano v. Court of Appeals, Et Al., 39 SCRA 221, citing Cabanos v. Register of Deeds, 92 Phil. 826. Cf. Avecilla v. Yatco, 103 Phil. 666; Nebrada v. Heirs of Alivio, 104 Phil. 126; Roco v. Gimeda, 104 Phil. 1011; Aragon v. Aragon, 105 Phil. 365; Republic v. Heirs of Carle, 105 Phil. 1227; Moldero v. Yandoc, 3 SCRA 246; Alzona v. Capunitan, 4 SCRA 450; Juan v. Zuniga, 4 SCRA 1221; J.M. Tuazon & Co. v. Macalindong, 6 SCRA 938; Gonzales v. Jimenez, 13 SCRA 80; also Palma v. Cristobal, 77 Phil. 713; Manarpac v. Cabanatan, 21 SCRA 743, citing Casilan v. Espartero, 95 Phil. 799; Caladiao v. Vda. de Blas, 10 SCRA 691.
5.	Cui and Joven v. Henson, 51 Phil. 606; Fule v. De Legare, 7 SCRA 351.
6.	Ng Chi Cio v. Ng Diong, 1 SCRA 275; City of Manila v. Ebay, 1 SCRA 1086; Republic v. Aricheta, 2 SCRA 469; Zambales Chromite Mining Co. v. Robles, 2 SCRA 1051; Republic v. Albert, 4 SCRA 173; Ferrer v. Commissioner of Internal Revenue, 5 SCRA 1022; Rebodos v. WCC, 6 SCRA 717; J.M. Tuazon v. Macalindong, 6 SCRA 938; Mendoza v. Mella, 17 SCRA 788; Dirige v. Biranya, 17 SCRA 840; Ramos v. Pepsi-Cola Bottling Co., 19 SCRA 289; Sumerariz v. DBP, 21 SCRA 1374; Manila Port Service v. Court of Appeals, 22 SCRA 1364; San Miguel Brewery v. Joves, 23 SCRA 1093; Luzon Surety v. De Garcia, 30 SCRA 111; De Tanedo v. De la Cruz, 32 SCRA 63; Atlas Consolidated Mining and Development Corp. v. WCC, 33 SCRA 132; Reparations Commission v. Northern Lines, 34 SCRA 203; National Marketing Corp. v. Federation of United Namarco Distributors, 49 SCRA 238; Arangco v. Baloso, 49 SCRA 296.
7.	Angeles v. Samia, supra.
8.	J. M. Tuason v. Macalindong, 6 SCRA 938; Phil. Iron Mines v. Abear, 21 SCRA 652; Blanco v. WCC, 29 SCRA 8.

matches: v. V. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v.