Divested of Jurisdiction? The Effect of Filing a Notice of Appeal While a Posttrial Tolling Motion Is Pending Before the Trial Court

What happens when there is a tolling motion under Rule 3 of the North Carolina Rules of Appellate Procedure pending before a trial court and a subsequent notice of appeal is filed? As the case law currently stands, depending on which of three tolling motions is pending, the trial court may be divested of jurisdiction to rule on the motion - a divestiture that could lead the appellate court to dismiss the appeal as untimely. This Article argues that the North Carolina courts have drawn arbitrary distinctions between the different tolling motions to determine whether a trial court is divested of jurisdiction. Instead, the North Carolina Rules of Appellate Procedure should be amended to conform with the approach laid out in the Federal Rules of Appellate Procedure, in which a trial court retains jurisdiction over a tolling motion even after a notice of appeal is filed and the notice of appeal does not become effective until there is an order disposing of the tolling motion

Divested of Jurisdiction? The Effect of Filing a Notice of Appeal While a Posttrial Tolling Motion Is Pending Before the Trial Court

What happens when there is a tolling motion under Rule 3 of the North Carolina Rules of Appellate Procedure pending before a trial court and a subsequent notice of appeal is filed? As the case law currently stands, depending on which of three tolling motions is pending, the trial court may be divested of jurisdiction to rule on the motion - a divestiture that could lead the appellate court to dismiss the appeal as untimely. This Article argues that the North Carolina courts have drawn arbitrary distinctions between the different tolling motions to determine whether a trial court is divested of jurisdiction. Instead, the North Carolina Rules of Appellate Procedure should be amended to conform with the approach laid out in the Federal Rules of Appellate Procedure, in which a trial court retains jurisdiction over a tolling motion even after a notice of appeal is filed and the notice of appeal does not become effective until there is an order disposing of the tolling motion

Athlete’s Social Capital Influences and Feelings of Team Cohesion

Faculty Mentor: Dr. Joseph Merr

Athlete’s Social Capital Influences and Feelings of Team Cohesion

Faculty Mentor: Dr. Joseph Merr

Size frequency variation of an emerging fisheries species across its biogeographical range

Kellet\u27s whelk (Kelletia kelletii), a large subtidal gastropod is the basis for an emerging bycatch fishery in California. This commercial fishery has increased dramatically in the past two decades, but there is little biological information available to inform its management. There are currently no size limits and only seasonal restrictions for commercial and recreational fishing for Kellet’s whelk in California with annual total allowable catch at 100,000 pounds. After surveying 28 subtidal rocky reefs across the Kellet’s whelk range, our results indicate large natural variation in size frequencies, specifically between the mainland and island populations. Designing harvesting strategies that would maintain these size frequency distributions – e.g., a larger size limit at the islands and a smaller size limit at the mainland populations -- may generate more sustainable and productive economic and ecological outcomes

Orion Aerodynamics for Hypersonic Free Molecular to Continuum Conditions

Numerical simulations are performed for the Orion Crew Module, previously known as the Crew Exploration Vehicle (CEV) Command Module, to characterize its aerodynamics during the high altitude portion of its reentry into the Earth's atmosphere, that is, from free molecular to continuum hypersonic conditions. The focus is on flow conditions similar to those that the Orion Crew Module would experience during a return from the International Space Station. The bulk of the calculations are performed with two direct simulation Monte Carlo (DSMC) codes, and these data are anchored with results from both free molecular and Navier-Stokes calculations. Results for aerodynamic forces and moments are presented that demonstrate their sensitivity to rarefaction, that is, for free molecular to continuum conditions (Knudsen numbers of 111 to 0.0003). Also included are aerodynamic data as a function of angle of attack for different levels of rarefaction and results that demonstrate the aerodynamic sensitivity of the Orion CM to a range of reentry velocities (7.6 to 15 km/s)

Professional Writing in the English Classroom: Student Writers as Problem Solvers in Literature Classrooms

The article reports on the role of student writers in the U.S. to enhance the study of literature in the classroom. High school teacher Dawn Reed shares how students\u27 professional writing served as a starting point for deeper study and advocacy of American literature. It provides an overview of Katie Greene\u27s assessment system that creates flexibility while providing a model of evaluation which can be adapted for other professional writing experiences

The Suggestibility of Older Witnesses

The present study compares younger and older adult witnesses’ susceptibility to misinformation. Previous research on the misinformation effect has not measured the relationship between the effect and individuals’ perceptions of their own memory abilities. Such perceptions, and general knowledge of one’s own memory processes, are referred to as “metamemory.” In order to examine the relationship between metamemory and the misinformation effect in the present study, participants also completed a questionnaire that assessed their perception of their memory functioning. Although older persons tend to perceive their memories as being faulty, the correlation between self-assessment of memory abilities and actual memory performance is relatively low (Zelinski, Gilewski, & Thompson, 1980). We therefore predicted that there would be a negligible relationship between participants’ self-assessed memory functioning and whether or not they were susceptible to misinformation, for both younger and older adults

Contextual and Cultural Influences on Parental Feeding Practices and Involvement in Child Care Centers among Hispanic Parents

Background: Parental feeding practices shape children\u27s dietary preferences and behaviors, which can influence a child\u27s weight status. Limited research exists on the precursors and contextual influences of feeding, particularly among Hispanic parents. Therefore, this study explored two areas potentially important for obesity prevention in young children: (1) precursors and contextual influences on parental feeding and (2) parental perceptions and knowledge of the child care food environment. Methods: Four focus groups (n=36) were held with Hispanic parents, predominantly mothers, of preschool children at two child care centers. Parents were asked about influences on what and how they feed their children, awareness of the child care center feeding environment, and current involvement in the child care center. Themes were coded using NVivo10 software (QSR International, Melbourne, Australia). Results: Participants\u27 childhood experiences influenced how they feed their children. Parents stated that both husbands and grandparents often indulged their children with unhealthy foods and thought this interfered with their efforts to maintain a healthy home environment. Participants reported that what their children ate while in child care sometimes influenced the home feeding environment. Conclusions: Cultural and environmental factors influence parental feeding and involvement in the child care setting. Consistent with socioecological system theory, exploring interactions between the environment and culture using a family focus framework, such as the Family Ecological Model, could provide a better understanding of these influences among Hispanic parents. Future obesity prevention interventions with Hispanic families should be culturally relevant and target the different environments where children spend their time

The weaker sex: Male lingcod (Ophiodon elongatus) with blue color polymorphism are more burdened by parasites than are other sex–color combinations

The unusual blue color polymorphism of lingcod (Ophiodon elongatus) is the subject of much speculation but little empirical research; ~20% of lingcod individuals exhibit this striking blue color morph, which is discrete from and found within the same populations as the more common brown morph. In other species, color polymorphisms are intimately linked with host–parasite interactions, which led us to ask whether blue coloration in lingcod might be associated with parasitism, either as cause or effect. To test how color and parasitism are related in this host species, we performed parasitological dissection of 89 lingcod individuals collected across more than 26 degrees of latitude from Alaska, Washington, and California, USA. We found that male lingcod carried 1.89 times more parasites if they were blue than if they were brown, whereas there was no difference in parasite burden between blue and brown female lingcod. Blue individuals of both sexes had lower hepatosomatic index (i.e., relative liver weight) values than did brown individuals, indicating that blueness is associated with poor body condition. The immune systems of male vertebrates are typically less effective than those of females, due to the immunocompromising properties of male sex hormones; this might explain why blueness is associated with elevated parasite burdens in males but not in females. What remains to be determined is whether parasites induce physiological damage that produces blueness or if both blue coloration and parasite burden are driven by some unmeasured variable, such as starvation. Although our study cannot discriminate between these possibilities, our data suggest that the immune system could be involved in the blue color polymorphism–an exciting jumping-off point for future research to definitively identify the cause of lingcod blueness and a hint that immunocompetence and parasitism may play a role in lingcod population dynamics