Digital Commons Network^™

Turning Stones Of Hope Into Boulders Of Resistance: The First And Last Task Of Social Justice Curriculum, Scholarship, And Practice, Derek W. Black

Faculty Publications

The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors’ approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social justice professors to explicitly teach hope and, moreover, to produce practical scholarship on pressing legal issues that will help students keep hope once they leave school. This Article begins by exploring the theme of hope in John O. Calmore’s scholarship and how it interrelates with his project of …

The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi

Faculty Publications

The fundamental question here is how to bring a population from a condition of hopelessness to one of self-governance, sustainable growth, and viable participation in the world community. The aim of this Symposium is to stimulate thinking about those questions by exploring whether there is a discernible legal architecture of nation-building.

Money Or Nothing: The Adverse Environmental Consequences Of Uncompensated Law Use Controls, Jonathan H. Adler

Faculty Publications

The conventional wisdom holds that requiring compensation for environmental land-use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research demonstrate that failing to compensate private landowners for the costs of environmental regulations discourages voluntary conservation efforts and can encourage the destruction of environmental resources. The lack of a compensation requirement also means that land-use regulation is underpriced as compared to other environmental protection measures for which government agencies must pay. This results in the "overconsumption" of land-use regulations relative to other environmental protection measures that could be …

Anti-Conservation Incentives, Jonathan H. Adler

Faculty Publications

Several recent empirical studies have indicated that the Endangered Specifies Act (ESA) discourages species conservation on private land. This is because the law encourages landowners to shoot, shovel and shut up before federal authorities discover the species are present or may move onto the land. Most worrisome, the studies suggest that the net effect of the ESA on private land could be negative. Habitat loss and fragmentation represent the greatest threat to endangered species because private land is indispensable to environmental conservation.

East Asia Institutionalizes: China, Japan And The Vogue For Free Trade, Timothy Webster

Faculty Publications

In the past decade, East Asia has taken steps to increase regional integration. This paper examines the vogue for Free Trade Agreements (FTAs) currently raging in China and Japan. After mapping the regional links that knit East Asia together during the 1990s and 2000s, the focus then shifts to the specific trade agreements that China and Japan have signed. Both countries exhibit a particular FTA “style;” Japan has adopted a more orthodox and comprehensive approach to its treaties, while China has shown greater flexibility and gradualism when dealing with FTA partners. It is still unclear whether these efforts will lead …

Responsibility Status Of The Psychopath: On Moral Reasoning And Rational Self-Governance, Paul J. Litton

Faculty Publications

This article does not aim to describe the opposing views and argue for one over the other. Rather, I propose to deflate the debate as far as possible, attempting to reduce the area of disagreement. Meaningful disagreement exists only if there are, or could be, agents who have an undiminished capacity for practical reasoning or rational self-governance, yet truly are incapable of moral reasoning. However, I suggest that the capacity for rational self-governance entails the capacity to comprehend and act on moral considerations; thus, to the extent that an individual truly is incapable of grasping moral reasons, we should expect …

Diet And Sexual Dimorphism Of The Desert Iguana, Dipsosaurus Dorsalis, From Sonora, Mexico, C. J. Dibble, Geoffrey R. Smith, J. A. Lemos-Espinal

Faculty Publications

No abstract provided.

The Colour Of Time: Head Pots And Temporal Convergences, Charles R. Cobb, Eric Drake

Faculty Publications

Colour symbolism permeated the world of indigenous North America. This symbolism was often tied to the cosmos where the earth was viewed as a quadrilateral disk and each of the four cardinal directions was linked with a colour array such as red, white, black, and blue. We suggest that the recurring use of certain colours and colour contrasts comprised a suite of long-term historical practices that were essential for reproducing certain views about the world and about being in the world. Further, the rendering of colour had a plasticity that allowed it to enter a discourse about daily life that …

Multiple Yy1 And Ctcf Binding Sites In Imprinting Control Regions, Joomyeong Kim

Faculty Publications

Known imprinting control regions (ICRs) contain unusual tandem arrays of DNA-binding sites for transcription factors, including YY1 for the Peg3, Gnas and Xist/Tsix domains and CTCF for the H19/Igf2 domain. These multiple DNA-binding sites are known to be the only functionally shared and evolutionarily selected feature among these ICRs. However, it is not well understood why the imprinting control regions tend to maintain a high density of a particular transcription factor-binding site. We hypothesize that the multiplicity associated with the YY1 and CTCF binding sites may be designed for attracting and maintaining the relatively high levels of YY1 and CTCF …

Graphic Novels As Contemporary Art? The Perplexing Question Of Content In The High School Art Classroom, Mark Graham

Faculty Publications

The postmodern condition of contemporary art is characterized by appropriation, layering of styles, recontextualization, interaction between text and image, and a willingness to embrace multiple meanings (Fehr, 1997; Gude, 2004). As the high school teacher contemplates the world of contemporary art and the expanse of visual culture, an insistent question comes to mind: What work of art or artifact of visual culture will provide the richest educational experiences for adolescent students? One viable answer is the graphic novel. Graphic novels have a postmodern flavor in that they are often ironic, playful, self-referential, and contain multiple narratives (Congdon & Blandy, 2003; …

Central And Peripheral Administration Of Kisspeptin Activates Gonadotropin But Not Somatotropin Secretion In Prepubertal Gilts, Clay A. Lents, Neely L. Heidorn, C. Richard Barb, J. Joe Ford

Faculty Publications

It is well established that kisspeptin signaling is necessary for the onset of puberty in laboratory animals. However, the role that kisspeptin may have in regulating puberty in large domestic animals is unknown. We tested the hypothesis that either central or peripheral infusion of kisspeptin would stimulate gonadotropin and GH secretion in prepubertal gilts. In experiment 1, prepubertal gilts were fitted with i.c.v. cannula and indwelling jugular catheters. Animals were randomly assigned to receive 0, 10, or 100 μg kisspeptin in saline. In experiment 2, prepubertal gilts, fitted with indwelling jugular catheters, randomly received 0, 1, 2.5, or 5 mg …

Phonotaxis To Amphibian Vocalizations In Culex Territans (Diptera: Culicidae), Kristen Bartlett-Healy, Wayne Crans, Randy Gaugler

Faculty Publications

Culex territans Walker (Diptera: Culicidae) acquires bloodmeals from amphibian hosts. Females overwinter as inseminated adults and exit diapause in New Jersey when spring peepers (Pseudacris crucifer) are calling. We tested the hypothesis that Cx. territans uses amphibian vocalizations as a long-distance attractant. Two thirds of females oriented toward sound across all experiments. Females allowed to orient toward or away from a frog call, bird song, live frog, or control (a plugged in compact disc player) exhibited positive phonotaxis only to the frog call. Females exhibited positive phonotaxis to calls of P. crucifer, Hyla versicolor (northern gray tree frog), Bufo americanus …

The Termite Menace In New Orleans: Did They Cause The Floodwalls To Tumble?, Gregg Henderson

Faculty Publications

No abstract provided.

Uncovering A Macrophage Transcriptional Program By Integrating Evidence From Motif Scanning And Expression Dynamics, Stephen A. Ramsey, Sandy L. Klemm, Daniel E. Zak, Kathleen A. Kennedy, Vesteinn Thorsson, Bin Li, Mark Gilchrist, Elizabeth S. Gold, Carrie D. Johnson, Vladimir Litvak, Garnet Navarro, Jared C. Roach, Carrie M. Rosenberger, Alistair G. Rust, Natalya Yudkovsky, Alan Aderem, Ilya Shmulevich

Faculty Publications

Macrophages are versatile immune cells that can detect a variety of pathogen-associated molecular patterns through their Toll-like receptors (TLRs). In response to microbial challenge, the TLR-stimulated macrophage undergoes an activation program controlled by a dynamically inducible transcriptional regulatory network. Mapping a complex mammalian transcriptional network poses significant challenges and requires the integration of multiple experimental data types. In this work, we inferred a transcriptional network underlying TLR-stimulated murine macrophage activation. Microarray-based expression profiling and transcription factor binding site motif scanning were used to infer a network of associations between transcription factor genes and clusters of co-expressed target genes. The time-lagged …

Strategies For Commercialization Of Cryopreserved Fish Semen, Terrence R. Tiersch

Faculty Publications

Initial success in sperm cryopreservation occurred at about the same time for aquatic species and livestock. However, in the 50 plus years since then cryopreserved sperm of livestock has grown into a billion-dollar global industry, while cryopreserved sperm of aquatic species remains a research activity with little commercial application despite work in more than 90 species and more than 200 published reports. Most research work has focused on large-bodied culture and sport fishes, such as salmon, trout, carp, and catfish, and mollusks such as commercially important oyster and abalone species. However, only a few studies have addressed sperm cryopreservation in …

Berberine Improves Glucose Metabolism Through Induction Of Glycolysis, Jun Yin, Zhanguo Gao, Dong Liu, Zhijun Liu, Jianping Ye

Faculty Publications

Berberine, a botanical alkaloid used to control blood glucose in type 2 diabetes in China, has recently been reported to activate AMPK. However, it is not clear how AMPK is activated by berberine. In this study, activity and action mechanism of berberine were investigated in vivo and in vitro. In dietary obese rats, berberine increased insulin sensitivity after 5-wk administration. Fasting insulin and HOMA-IR were decreased by 46 and 48%, respectively, in the rats. In cell lines including 3T3-L1 adipocytes, L6 myotubes, C 2C12 myotubes, and H4IIE hepatocytes, berberine was found to increase glucose consumption, 2-deoxyglucose uptake, and to a …

Relative Economic Benefits Of Tactical Anthelmintic Treatment And Urea-Molasses Block Supplementation Of Boer Goats Raised Under Extensive Grazing Conditions At Onderstepoort, Pretoria, South Africa, A. F. Vatta, R. C. Krecek, R. A. Pearson, M. F. Smith, M. O. Stenson, E. F. Van Wijk, L. J.S. Harrison

Faculty Publications

The potential economic benefits of combining tactical anthelmintic treatment for gastrointestinal nematodes and nutritional supplementation with urea-molasses blocks were examined in Boer goats raised under extensive grazing conditions in the summer rainfall area of South Africa. Eight groups of nine goats were monitored over a 12-month period from 1 October 2002 to 9 October 2003. Ad libitum nutritional supplementation with urea-molasses blocks was provided when the goats were housed at night, during the summer (wet season-December 2002 to February 2003), and/or the winter (dry season-June 2003 to August 2003). All the goats were treated symptomatically for Haemonchus contortus infection when …

“The Whole Numerous Race Of The Melancholy Among Men”: Mourning, Hypocrisy, And Same-Sex Desire In Poe's Narrative Of Arthur Gordon Pym, David Greven

Faculty Publications

No abstract provided.

Pleasant Grove City V. Summum: The Supreme Court Finds A Public Display Of The Ten Commandments To Be Permissible Government Speech, Patrick Garry

Faculty Publications

No abstract provided.

The Democratic Aspect Of The Establishment Clause: A Refutation Of The Argument That The Clause Serves To Protect Religious Or Nonreligious Minorities, Patrick Garry

Faculty Publications

A survey of Establishment Clause doctrines and commentary reveals that the Clause is often interpreted as a minority rights provision, protecting religious and nonreligious minorities from being exposed in certain ways to society's dominant religions. This Article argues against such an interpretation. It portrays the Establishment Clause as a structural provision of the Constitution, concerned with democratic processes and limited government, much like the doctrines of federalism and separation of powers. This Article also asserts that democratic values and concern for majority rule constitute core values of the Establishment Clause. Whereas the Free Exercise Clause protects minority rights, the Establishment …

Immersive Learning Environments In Parallel Universes: Learning Through Second Life, Ken Haycock, Jeremy Kemp

Faculty Publications

Opportunities for more creative and innovative environments for learners continue to develop through distance education. Especially at the post-secondary level, these immersive environments can involve high-end video game technologies to create multi-user virtual worlds that can both replicate and far extend physical classrooms. At San Jose State University's School of Library and Information Science, courses offered in and through Second Life develop both competence and comfort in working with library users. Several useful lessons have also been learned.

A Brief History Of Brazilian Biofuels Legislation, Juscelino F. Colares

Faculty Publications

Due to concerns with global climate change, Brazil's long and diversified experience with biofuels has captured the attention of policymakers worldwide. Yet, little is known about the history and scale of the Brazilian biofuels program in the United States. This comment provides an introduction to the history of Brazil's biofuels program and refers to the basic statutes that set it in place. Due to the unavailability of these enactments in English, an appendix provides the relevant portions of these statutes both in Portuguese and in the author's English translation.

Archaeology Of The Lower Muskogee Creek Indians, 1715-1836, By H. Thomas Foster Ii, Charles R. Cobb

Faculty Publications

A review of Archaeology of the Lower Muskogee Creek Indians, 1715-1836, by H. Thomas Foster II.

Legalism And Righteousness By Faith Part 1, Roy E. Gane

Faculty Publications

No abstract provided.

Momentum, Reversal, And Uninformed Traders In Laboratory Markets, Robert J. Bloomfield, William B. Tayler, Flora H. Zhou

Faculty Publications

We report the results of three experiments based on the model of Hong and Stein (1999). Consistent with the model, results show that when informed traders do not observe prices, uninformed traders generate long-term price reversals by engaging in momentum trade. However, when informed traders also observe prices, uninformed traders generate reversals by engaging in contrarian trading. Results suggest that a dominated information set is sufficient to account for the contrarian behavior observed among individual investors, and that uninformed traders may be responsible for long-term price reversals but play little role in driving short-term momentum.

Science And Constitutional Fact Finding In Equal Protection Analysis, Angelo N. Ancheta

Faculty Publications

This Article examines theories of fact finding and rules of evidence, as well as critiques of scientific citations in equal protection litigation, drawing on opinions starting with Brown v. Board of Education and its well-known citation of psychological and sociological studies documenting the harms of segregation-what the Brown Court labeled "modem authority." Second, this Article examines a range of equal protection cases and discusses how constitutional frameworks have shaped both core constitutional values and the gathering of relevant constitutional facts. Third, this Article examines in more detail the Parents Involved cases, as well as the underlying science and the citation …

The Many Meanings Of "Politics" In Judicial Decision Making, Bradley W. Joondeph

Faculty Publications

This essay seeks to untangle the many possible meanings of "politics" in descriptions of judicial behavior. Part I sets out ten possible conceptions of the term, briefly discussing some examples and their empirical foundations. My goal is mostly descriptive (rather than normative), though it is apparent that some conceptions are more useful than others. In all events, claims about the political influences on judicial behavior must be specific about the phenomena they seek to describe. For given the many possible meanings of politics, accounts that lack such specificity are largely vacuous.

Part II builds on this discussion to make two …

When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss

Faculty Publications

No abstract provided.

Significance Of Altitude And Posting Density On Lidar-Derived Elevation Accuracy On Hazardous Waste Sites, María J. García-Quijano, John R. Jensen, Michael E. Hodgson, Brian C. Hadley, John B. Gladden, Lewis A. Lapine

Faculty Publications

This research evaluated the vertical accuracy of two lidar-derived elevation datasets acquired from two different altitudes over a clay-capped hazardous waste site located on the Savannah River Site (SRS), South Carolina, using the same Optech ALTM 2050 lidar sensor and Cessna 337 platform. Both missions provided adequate elevation estimates (low-altitude RMSEz ≈ 6 cm; high-altitude RMSEz ≈ 14 cm.) A quantitative comparison was performed to determine how decreasing platform altitude and increasing lidar posting density affected the vertical elevation accuracy. Higher posting densities did not significantly improve the vertical accuracy of lidar-derived elevation data. Conversely, acquiring the lidar-derived elevation data …

The Wheel Garden: Project Based Learning For Cross Curriculum Education, Sherry S. Herron, Douglas Magomo, Paula Rae Gossard

Faculty Publications

In this article, we discuss project-based learning in the context of a wheel garden as an instructional tool in science and mathematics education. A wheel garden provides multiple opportunities to teach across the curriculum, to integrate disciplines, and to promote community involvement. Grounded in the theoretical framework of constructivism, the wheel garden provides a multidisciplined educational tool that provides a hands-on, non-traditional arena for learning. We will examine some of the cultural, art, science, and mathematics connections made with this project