Digital Commons Network^™

Gauging The Success Of The Coeur D'Alene Lake Management Plan: An Example Of Tribal-State Cooperation, Dylan R. Hedden-Nicely

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No abstract provided.

Legitimacy, Adaptation And Resilience In Ecosystem Management, Barbara Cosens

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Ecologists have made great strides in developing criteria for describing the resilience of an ecological system. In addition, expansion of that effort to social-ecological systems has begun the process of identifying changes to the social system necessary to foster resilience in an ecological system such as the use of adaptive management and integrated ecosystem management. However, these changes to governance needed to foster ecosystem resilience will not be adopted by democratic societies without careful attention to their effect on the social system itself. Delegation of increased flexibility for adaptive management to resource management agencies must include careful attention to assuring …

Tushnet's Lawless World: A Response To Mark Tushnet, Book Review, Epstein's Best Of All Possible Worlds: The Rule Of Law, 80 U Chi L Rev 487 (2013), Richard A. Epstein

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No abstract provided.

Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner

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No abstract provided.

Estimation Of Wave Energy From Wind Velocity, Jonathan Blackledge, Eugene Coyle, Derek Kearney, Ronan Mcguirk, Brian Norton

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The aim of this paper is to report on a possible correlation between the Levy index for wind velocity and the mean Energy Density of sea surface waves in the same location. The result is based on data obtained from 6 buoys located around the coast of Ireland and maintained by the Marine Institute of Ireland and a further 144 buoys located at various locations off the coast of the United States of America and maintained by the National Data Buoy Centre. These buoys provide historical data on the wind velocity, wave height and wave period as well as other …

New Priorities As The Endangered Species Act Turns 40, Dale Goble

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No abstract provided.

Romancing The Stone Age: John Updike's "Wife-Wooing" And The Naturally Occurring Nuclear Family, Sue Norton

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No abstract provided.

Being A Dean Is A Drag . . . But Not For The Reasons You Might Expect, Kellye Y. Testy

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No abstract provided.

Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer

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Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …

The Right Not To Use In Property And Patent Law, Eduardo Peñalver, Oskar Liivak

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In Continental Paper Bag Co. v. Eastern Paper Bag Co., the Supreme Court held (1) that patent owners have an absolute right not to practice their patent and (2) that even these nonpracticing patent owners are entitled to the liberal use of injunctive relief against infringers. Both of these holdings have been very important to the viability of patent assertion entities, the so-called patent trolls. In eBay Inc. v. MercExchange, L.L.C., the Supreme Court softened the injunction rule. In this Article, we argue that Congress or the Court should reconsider Continental Paper Bag's embrace of an absolute right not to …

The Youth Discount: Old Enough To Do The Crime, Too Young To Do The Time, Barry C. Feld

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In a trilogy of cases, the Supreme Court applied the Eighth Amendment to the entire category of juvenile offenders, repudiated its “death is different” jurisprudence, and required states to consider youthfulness as a mitigating factor in sentencing. Roper v. Simmons prohibited states from executing offenders for murder they committed when younger than eighteen years of age.1 Roper reasoned that immature judgment, susceptibility to negative influences, and transitory personalities reduced youths’ culpability and barred the most severe sentence.2 Graham v. Florida extended Roper’s diminished responsibility rationale and prohibited states from imposing life without parole (LWOP) sentences on youths convicted of nonhomicide …

Situating Women In Counterterrorism Discourses: Undulating Masculinities And Liminal Femininities, Fionnuala Ní Aoláin

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The preoccupation with the challenges posed by violent actors has long existed for many states, whether such actors are characterized as terrorists or insurgents, nonstate or paramilitary actors. The events of September 11, 2001, brought a new urgency and vibrancy to state action in the realm of counterterrorism, illustrated by both the response of national legal systems as well as more concerted efforts to achieve multilateral and multilevel counterterrorism reactions on the international plane.1 From a feminist perspective, it is notable that terrorism and counterterrorism have long been of marginal interest to mainstream feminist legal theorizing.2 This is partly because …

Inferring Desire, Jessica A. Clarke

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In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results. This Article examines a set of fifteen years of sexual harassment decisions in which courts have endeavored to determine the sexual orientations of alleged harassers. Under federal law, sexual harassment is actionable because it is a subspecies of sex discrimination. A man who makes unwanted sexual …

Litigation's Regulatory Pathways And The Administrative State: Lessons From U.S. And Australian Climate Change Governance, Hari Osofsky, Jacqueline Peel

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The administrative state struggles to address massive, complex problems such as ameliorating the financial crisis, preventing terrorism, or responding to climate change. These problems cut across levels of government — local, state, national, international — and substantive areas of law. Yet our governance structures, for the most part, are not designed to deal well with issues that involve multiple types of governance authority and institutions. A burgeoning literature by leading U.S. scholars describes this problem and proposes solutions. These analyses often include some case law, but their primary focus has been on the legislative and executive branches in the United …

Neuroscience, Mental Privacy, And The Law, Francis X. Shen

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Will brain science be used by the government to access the most private of spaces — our minds — against our wills? Such scientific tools would have tremendous privacy implications if the government suddenly used brain science to more effectively read minds during police interrogations, criminal trials, and even routine traffic stops. Pundits and scholars alike have thus explored the constitutional protections that citizens, defendants, and witnesses would require to be safe from such mind searching. Future-oriented thinking about where brain science may lead us can make for great entertainment and can also be useful for forward-thinking policy development. But …

The End Of Men Or The Rebirth Of Class?, June Carbone, Naomi Cahn

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This article argues that much of what has been described as “the end of men” is in fact the recreation of class. Greater inequality among men and among women has resurrected class differences and changed the way men and women relate to each other and channel resources to their children. While women have in fact gained ground in the workplace and acquired greater ability to live, work, play and raise children without men, a mere relative move towards sex equality only masks the more fundamental changes occurring in American society and the continuing existence of patriarchy. First, the improved freedom …

Who's The Father?, Naomi Cahn, June Carbone

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As this brief online essay observes, the litigation that produced the Supreme Court 2013 decision in Adoptive Couple v. Baby Girl demonstrates why we are no closer to a definitive resolution of what to do when parents do not share assumptions about how to raise their child. The case illustrates the national lack of agreement on what makes someone a parent. At the core of these differences is the question of how to align parental behavior with the promotion of the child’s interest in stable and secure relationships.

The Gender/Class Divide: Reproduction, Privilege, And The Workplace, June Carbone, Naomi Cahn

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This article evaluates the relationship between workplace equality and the technology of egg freezing, which allows women to “bank” their eggs until they are ready to use them. As the workplace increasingly rewards education and career investment, middle class women postpone family formation until they have attained a measure of financial security and the maturity to balance dual earner arrangements. Yet, as they age, their reproductive potential diminishes dramatically. By contrast, women who do not complete college (and aren’t even thinking about graduate school) bear children at different times in their life cycles, with less leverage with employers, and different …

Women's Exclusion From The Constitutional Canon, Jill Elaine Hasday

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This Essay asks why sex equality is outside the constitutional canon. While race discrimination is a canonical concern of constitutional law, the story of America’s struggles over and against sex discrimination is not widely taken to be a central, organizing part of our constitutional tradition — a defining narrative that exemplifies and expresses the nation’s foundational values and commitments. I offer three potential explanations for the exclusion of sex equality from the constitutional canon. First, the Supreme Court’s jurisprudence developed in ways that suggested that sex discrimination was not a core constitutional problem and concern, especially when compared to race …

Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman

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U.S. energy law and the scholarship analyzing it are deeply fragmented. Each source of energy has a distinct legal regime, and limited federal regulation in some areas has resulted in divergent state and local approaches to regulation. Much of the existing energy law literature reflects these substantive and structural divisions, and focuses on particular aspects of the energy system and associated federalism disputes. However, in order to meet modern energy challenges — such as reducing risks from deepwater drilling and hydraulic fracturing, maintaining the reliability of the electricity grid in this period of rapid technological change, and producing cleaner energy …

The Triple System Of Family Law, June Carbone, Naomi Cahn

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The Article analyzes the role of class in family structure and family law. Building on Jacobus ten Broek’s classic articulation of a “dual system” of family law, we explore the nascent development of a parallel third system of family law. In the early sixties, ten Broek argued that family law had two parts that differ in substance, purpose, and procedure. One system focused on private arrangements and supported the families of those who were economically self-sufficient. Ten Broek maintained, however, that a parallel second system existed, one imposed on those who sought public assistance. In this second system: i) the …

Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw

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As U.S. states and foreign nations began recognizing same-sex marriages over the last dozen years, the anti-gay definitions of "marriage" and "spouse" in Section 3 of the Defense of Marriage Act ("DOMA'') rendered those marriages invisible for immigration purposes. Thousands of U.S. citizens were left with a cruel choice between country and family: Remain alone in the United States or start anew with spouses and stepchildren abroad. Other couples did not qualify to emigrate anywhere together, leaving them no choice at all. DOMA also devastated children. Not only might they be separated from one parent, but their own immigration or …

Synthesis Of Orthogonally Protected Azalanthionines (Lanazanines) By Sequential Ring-Opening Of N-Substituted Aziridine 2-Carboxylates, Keith O'Brien, Keith Ó Proinsias, Fintan Kelleher

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Orthogonally protected azalanthionines (lanazanines, 4-azadiaminopimelic acids or b-aminoalaninoalanines) have been synthesised in good yields by the ring-opening of N-protected aziridine 2-carboxylates with suitably protected diaminopropanoic acids (DAPs). The required DAPs were also synthesised by ring-opening of N-protected aziridine 2-carboxylates with para-methoxybenzylamine.

A Short Chain Nad(H)-Dependent Alcohol Dehydrogenase (Hpscadh) From Helicobacter Pylori: A Role In Growth Under Neutral And Acidic Conditions., A. Kumari, Henry Windle, Denise Cornally, Barry Ryan, Gary Henehan

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Toxic aldehydes produced by alcohol dehydrogenases have been implicated in the pathogenesis of Helicobacter pylori-related damage to the gastric mucosa. Despite this, the enzymes that might be responsible for producing such aldehydes have not been fully described. It was, therefore, of considerable interest to characterize the alcohol oxidizing enzymes in this pathogen. Previous work in this laboratory characterized two such H. pylori enzymes that had broad specificity for a range of aromatic alcohol substrates. An enzyme with broad specificity for aliphatic alcohols is likely to be required in order that H. pylori can metabolize the wide range of substrates encountered …

Electric Field Standing Wave Effects In Ft-Ir Transflection Spectra Of Biological Tissue Sections: Simulated Models Of Experimental Variability, Tomasz P. Wrobel, Barbara Wajnchold, Hugh Byrne, Malgorzata Baranska

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The so-called electric field standing wave effect (EFSW) has recently been demonstrated to significantly distort FT-IR spectra acquired in a transflection mode, both experimentally and in simulated models, bringing into question the appropriateness of the technique for sample characterization, particularly in the field of spectroscopy of biological materials. The predicted effects are most notable in the regime where the sample thickness is comparable to the source wavelength. In this work, the model is extended to sample thicknesses more representative of biological tissue sections and to include typical experimental factors which are demonstrated to reduce the predicted effects. These include integration …

The Increasing Privatization Of Environmental Permitting, Jessica Owley

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No abstract provided.

Loss Of Mef2d Expression Inhibits Differentiation And Contributes To Oncogenesis In Rhabdomyosarcoma Cells., Meiling Zhang, Jamie Truscott, Judith Davie

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BACKGROUND: Rhabdomyosarcoma (RMS) is a highly malignant pediatric cancer that is the most common form of soft tissue tumors in children. RMS cells have many features of skeletal muscle cells, yet do not differentiate. Thus, our studies have focused on the defects present in these cells that block myogenesis.

METHODS: Protein and RNA analysis identified the loss of MEF2D in RMS cells. MEF2D was expressed in RD and RH30 cells by transient transfection and selection of stable cell lines, respectively, to demonstrate the rescue of muscle differentiation observed. A combination of techniques such as proliferation assays, scratch assays and soft …

Additional Quantitative Trait Loci And Candidate Genes For Seed Isoflavone Content In Soybean, M Akond, Bazelle Richard, Bobby Ragin, Harmin Herrera, Umerah Kaodi, Cevdet Akbay, Stella K. Kantartzi, Victor Njiti, Abdelali Barakat, Khalid Meksem, David A. Lightfoot, My Abdelmajid Kassem

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Seed isoflavone content of soybean (Glycine max L. Merr.) is a trait of moderate heritablity and an ideal target for marker selection. To date over 20 QTL have been identified underlying this trait among seven populations. The objectives of this study were to identify additional QTL and candidate genes controlling isoflavone content in a set of recombinant inbred line (RIL) populations of soybean grown in two different seasons. Variations of isoflavones namely daidzein, glycitein and genistein contents over two growing seasons and locations suggests that isoflavones are influenced by both genes and environments. Six QTL were identified on five …

Practical Use Of Nitrogen Gas As A Method For Insect Control In Herbaria, Miriam Kritzer Van Zant, Donald Ugent, David A. Lightfoot

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Herbaria are libraries of dried mounted plants used for plant identification, research vouchers and teaching. Herbarium specimens are subject to damage from insects, fungi and bacteria, and must be protected by treatments that kill damaging organisms. Naphthalene, the most common chemical currently used in herbaria, is a class C carcinogen and potential allergen. The aim was to develop an affordable alternative to treatment with persistent hazardous toxins for maintaining dried herbarium specimens. The new method uses ambient temperature nitrogen gas and widely available, valved, nylon, oxygen barrier bags. Nitrogen gas treatment has been shown to be less expensive than freezer …

A Comparison Of Raman, Ftir And Atr-Ftir Micro Spectroscopy For Imaging Human Skin Tissue Sections., Syed Mehmood Ali, Franck Bonnier, Helen Lambkin, Kathleen Flynn, V Mcdonagh, Claragh Healy, T C. Lee, Fiona Lyng, Hugh Byrne

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Raman and Infrared absorption spectroscopies are compared for the analysis of human hand skin tissue sections. The tissue sections have been formalin fixed and paraffin processed, and subsequently dewaxed. Fourier Transform infrared (FTIR) spectra are preprocessed using the resonant Mie – extended multiplicative scattering algorithm to remove spectral artefacts. FTIR images of resolution 4cm^-1, analysed using K-means cluster analysis, reveal the double layer structure of the dermis and epidermis, but no further layer differentiation is achieved using the higher spatial resolution of the Attenuated Total Reflection imaging or improved spectral resolution of 2cm^-1. At comparable spectral …