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Localization And Transparency In Sentencing: Reflections On The New Early Disposition Departure, Michael M. O'Hear Jan 2004

Localization And Transparency In Sentencing: Reflections On The New Early Disposition Departure, Michael M. O'Hear

Faculty Publications

A newly authorized "early disposition departure" permits federal judges to reduce the sentences of criminal defendants who plead guilty quickly pursuant to a locally adopted early disposition program. The new departure mechanism provides the first formal mandate in the United States Sentencing Guidelines for "localization," that is, adjusting the sentences of federal defendants based on local circumstances. This paper provides a defense of localization, and suggests that localization may be reconciled with the Guidelines' overriding objective of transparency in sentencing. The early disposition departure provides a model of "transparent localization," but could be reformed so as to offer both transparency …


Getting To The Nexus Of The Matter: A Sliding Scale Approach To Faculty-Student Consensual Relationship Policies In Higher Education, Paul M. Secunda Jan 2004

Getting To The Nexus Of The Matter: A Sliding Scale Approach To Faculty-Student Consensual Relationship Policies In Higher Education, Paul M. Secunda

Faculty Publications

A prominent law dean is forced to resign over an alleged sexual affair with a student; a writing instructor details in a national magazine his steamy affair with his married student; a student stalks her male professor after he ends their sexual relationship and the criminal stalking charges against her are only dropped when she agrees to voluntarily leave the country. Increasingly, such tantalizing scandals are making their way into the nation's daily consciousness. Yet, behind all of these shocking tales of decadence lays the very real dilemma as to how college and university administrators should regulate consensual relationships between …


The Ethnic Question In Law And Development, Lan Cao Jan 2004

The Ethnic Question In Law And Development, Lan Cao

Faculty Publications

No abstract provided.


Conservation Through Collusion: Antitrust As An Obstacle To Marine Resource Conservation, Jonathan H. Adler Jan 2004

Conservation Through Collusion: Antitrust As An Obstacle To Marine Resource Conservation, Jonathan H. Adler

Faculty Publications

Although it is not a new environmental problem, overfishing is arguably one of the most serious environmental problems today. Despite decades of government regulation, fisheries are in trouble the world over.

With little doubt, the federal fishery regulations adopted in the last twenty-five years have failed to ensure sustainable utilization of U.S. fisheries. The existing regulatory framework is "a failed experiment that has led to the destruction of United States coastal fisheries." At the same time that the federal government adopted an elaborate regulatory structure, federal law has impeded the development of cooperative fishery management institutions that may have helped …


The Genesis Flood Narrative: Crucial Issues In The Current Debate, Richard M. Davidson Jan 2004

The Genesis Flood Narrative: Crucial Issues In The Current Debate, Richard M. Davidson

Faculty Publications

No abstract provided.


Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver Jan 2004

Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver

Faculty Publications

No abstract provided.


Summer Activity Of Small Snakes In Four Habitats In Northwestern Missouri, L. D. Johnson, Geoffrey R. Smith, Jessica E. Rettig Jan 2004

Summer Activity Of Small Snakes In Four Habitats In Northwestern Missouri, L. D. Johnson, Geoffrey R. Smith, Jessica E. Rettig

Faculty Publications

No abstract provided.


In Memoriam: Jerry Phillips: A Scholar & A Gentleman, Elizabeth Price Foley, Elizabeth C. Price Jan 2004

In Memoriam: Jerry Phillips: A Scholar & A Gentleman, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

No abstract provided.


Overexpression Of Gk In Gk-Transformed Cells Collapses The Golgi Apparatus Into The Endoplasmic Reticulum Inhibiting Virion Egress, Glycoprotein Transport, And Virus-Induced Cell Fusion, Timothy P. Foster, Galena V. Rybachuk, Xavier Alvarez, Olga Borkhsenious, Konstantin G. Kousoulas Dec 2003

Overexpression Of Gk In Gk-Transformed Cells Collapses The Golgi Apparatus Into The Endoplasmic Reticulum Inhibiting Virion Egress, Glycoprotein Transport, And Virus-Induced Cell Fusion, Timothy P. Foster, Galena V. Rybachuk, Xavier Alvarez, Olga Borkhsenious, Konstantin G. Kousoulas

Faculty Publications

Intracellular transport and egress of alphaherpesviruses require the coordinate function of multiple proteins and glycoproteins. Recently, we showed that gK is expressed on infected cell surfaces and that gK cell-surface expression required the presence of the UL20 protein [J. Virol. 77 (2003), 499]. Overexpression of gK by gK-transformed cells blocked transport of enveloped virions from perinuclear spaces and inhibited virus-induced cell fusion caused by gK syncytial mutants [J. Virol. 69 (1995), 5401]. Therefore, we investigated whether altered synthesis and transport of gK was responsible for the observed gK-mediated interference phenomena. HSV-1 infection of the gK-transformed cell line Vero (gK9) caused …


Molecular And Culture-Based Analyses Of Aerobic Carbon Monoxide Oxidizer Diversity, Gary M. King Dec 2003

Molecular And Culture-Based Analyses Of Aerobic Carbon Monoxide Oxidizer Diversity, Gary M. King

Faculty Publications

Isolates belonging to six genera not previously known to oxidize CO were obtained from enrichments with aquatic and terrestrial plants. DNA from these and other isolates was used in PCR assays of the gene for the large subunit of carbon monoxide dehydrogenase (coxL). CoxL and putative coxL fragments were amplified from known CO oxidizers (e.g., Oligotropha carboxidovorans and Bradyrhizobium japonicum), from novel CO-oxidizing isolates (e.g., Aminobacter sp. strain COX, Burkholderia sp. strain LUP, Mesorhizobium sp. strain NMB1, Stappia strains M4 and M8, Stenotrophomonas sp. strain LUP, and Xanthobacter sp. strain COX), and from several well-known isolates for which the capacity …


Uptake Of Carbon Monoxide And Hydrogen At Environmentally Relevant Concentrations By Mycobacteria, Gary M. King Dec 2003

Uptake Of Carbon Monoxide And Hydrogen At Environmentally Relevant Concentrations By Mycobacteria, Gary M. King

Faculty Publications

Liquid culture assays revealed a previously unreported capacity for Mycobacterium bovis BCG, M. gordonae, and M. marinum to oxidize CO and for M. smegmatis to consume molecular hydrogen. M. bovis BCG, M. gordonae, M. smegmatis, and M. tuberculosis H37Ra oxidized CO at environmentally relevant concentrations (<50 >ppm); H2 oxidation by M. gordonae and M. smegmatis also occurred at environmentally relevant concentrations (< 10 ppm). CO was not consumed by M. avium or M. microti, although the latter appeared to possess CO dehydrogenase (CODH) genes based on PCR results with primers designed for the CODH large subunit, coxL. M. smegmatis and M. gordonae oxidized CO under suboxic (10 and 1% atmospheric oxygen) and anoxic conditions in the presence of nitrate; no oxidation occurred under anoxic conditions without nitrate. Similar results were obtained for H2 oxidation by M. smegmatis. Phylogenetic analyses of coxL PCR products indicated that mycobacterial sequences form a subclade distinct from that of other bacterial coxL, with limited differentiation among fast- and slow-growing strains.


Rates Of Species Loss From Amazonian Forest Fragments, Gonçalo Ferraz, Gareth J. Russell, Philip C. Stouffer, Richard O. Bierregaard, Stuart L. Pimm, Thomas E. Lovejoy Nov 2003

Rates Of Species Loss From Amazonian Forest Fragments, Gonçalo Ferraz, Gareth J. Russell, Philip C. Stouffer, Richard O. Bierregaard, Stuart L. Pimm, Thomas E. Lovejoy

Faculty Publications

In the face of worldwide habitat fragmentation, managers need to devise a time frame for action. We ask how fast do understory bird species disappear from experimentally isolated plots in the Biological Dynamics of Forest Fragments Project, central Amazon, Brazil. Our data consist of mist-net records obtained over a period of 13 years in 11 sites of 1, 10, and 100 hectares. The numbers of captures per species per unit time, analyzed under different simplifying assumptions, reveal a set of species-loss curves. From those declining numbers, we derive a scaling rule for the time it takes to lose half the …


Understanding Why Adult Participants At The World Senior Games Choose A Healthy Diet, Ray M. Merrill, Eric C. Shields Nov 2003

Understanding Why Adult Participants At The World Senior Games Choose A Healthy Diet, Ray M. Merrill, Eric C. Shields

Faculty Publications

Identifying those seniors most likely to adopt a healthy diet, the relative importance they place on certain perceived benefits associated with a healthy diet, and whether these perceived benefits are associated with selected demographic, lifestyle, and health history variables is important for directing effective dietary health promotion programs. Methods: Analyses are based on a cross-sectional convenience sample of 670 seniors aged 50 years and older at the 2002 World Senior Games in St. George, Utah. Data are assessed using frequencies, bivariate analysis, analysis of variance, and multiple logistic regression analysis. Results Fruit and vegetable consumption was significantly higher in individuals …


High Throughput Virus-Induced Gene Silencing Implicates Heat Shock Protein 90 In Plant Disease Resistance, Rui Lu, Isabelle Malcuit, Peter Moffett, Maria T. Ruiz, Jack Peart, Ai Jiuan Wu, John P. Rathjen, Abdelhafid Bendahmane, Louise Day, David C. Baulcombe Nov 2003

High Throughput Virus-Induced Gene Silencing Implicates Heat Shock Protein 90 In Plant Disease Resistance, Rui Lu, Isabelle Malcuit, Peter Moffett, Maria T. Ruiz, Jack Peart, Ai Jiuan Wu, John P. Rathjen, Abdelhafid Bendahmane, Louise Day, David C. Baulcombe

Faculty Publications

Virus-induced gene silencing was used to assess the function of random Nicotiana benthamiana cDNAs in disease resistance. Out of 4992 cDNAs tested from a normalized library, there were 79 that suppressed a hypersensitive response (HR) associated with Pto-mediated resistance against Pseudomonas syringae. However, only six of these clones blocked the Pto-mediated suppression of P. syringae growth. The three clones giving the strongest loss of Pto resistance had inserts corresponding to HSP90 and also caused loss of Rx-mediated resistance against potato virus X and N-mediated tobacco mosaic virus resistance. The role of HSP90 as a cofactor of disease resistance is associated …


Methods For Estimating Long-Distance Dispersal, Ran Nathan, Gad Perry, James T. Cronin, Allan E. Strand, Michael L. Cain Nov 2003

Methods For Estimating Long-Distance Dispersal, Ran Nathan, Gad Perry, James T. Cronin, Allan E. Strand, Michael L. Cain

Faculty Publications

Long-distance dispersal (LDD) includes events in which propagules arrive, but do not necessarily establish, at a site far removed from their origin. Although important in a variety of ecological contexts, the system-specific nature of LDD makes "far removed" difficult to quantify, partly, but not exclusively, because of inherent uncertainty typically involved with the highly stochastic LDD processes. We critically review the main methods employed in studies of dispersal, in order to facilitate the evaluation of their pertinence to specific aspects of LDD research. Using a novel classification framework, we identify six main methodological groups: biogeographical; Eulerian and Lagrangian movement/redistributional; short-term …


An Analysis Of Single Clutch Paternity In The Burrower Bug Sehirus Cinctus Using Microsatellites, Jeremy M. Brown, Aneil F. Agrawal, Edmund D. Brodie Nov 2003

An Analysis Of Single Clutch Paternity In The Burrower Bug Sehirus Cinctus Using Microsatellites, Jeremy M. Brown, Aneil F. Agrawal, Edmund D. Brodie

Faculty Publications

Recent studies of the burrower bug, Sehirus cinctus, have examined the genetic basis of parental care. An understanding of the burrower bug mating system, and the subsequent pattern of offspring relatedness that this system generates, is critical to further interpret genetic data. To this end, we developed three consistently amplifiable highly polymorphic microsatellite loci and used them to determine genotypic patterns at the level of both the population and the single clutch. We found that all clutches were sired by single males. Further, we find no evidence for inbreeding. We hypothesize that single paternity within a clutch may play an …


Pelvic Sexual Dimorphism In A Metatherian, Didelphis Virginiana: Implications For Eutherians, Robert G. Tague Nov 2003

Pelvic Sexual Dimorphism In A Metatherian, Didelphis Virginiana: Implications For Eutherians, Robert G. Tague

Faculty Publications

Eutherians give birth to relatively large infants. Females have larger pelves than males, though males typically have larger nonpelvic bones. Pelvic dimorphism is an adaptation for parturition. Metatherian females, who give birth to markedly small infants, should not show pelvic adaptations for parturition and should have smaller pelves than males. Adult females and males of the Virginia opossum, Didelphis virginiana, are compared. Males are significantly larger than females in absolute size for 14 of 16 pelvic and 8 nonpelvic measures. Sexes did not differ significantly for lower iliac length and posterior space of midplane. However, relative lengths for females are …


The Situation: An Introduction To The Situational Character, Critical Realism, Power Economics, And Deep Capture, Jon Hanson, David Yosifon Nov 2003

The Situation: An Introduction To The Situational Character, Critical Realism, Power Economics, And Deep Capture, Jon Hanson, David Yosifon

Faculty Publications

Throughout most of this introductory Article, we will focus our arguments primarily on economics and law and economics. We believe, however, that the implications of our inquiry extend far beyond those domains. The tendencies we hope to elucidate find their origins in the human animal, not in any particular legal theoretic perspective. It happens that these tendencies are especially prominent in law and economics, currently the dominant theoretical paradigm for creating and analyzing legal policy. But the relevance of our thesis is not confined to one approach , or even to legal-political questions. All humans are more or less implicated, …


Pyridoxamine Traps Intermediates In Lipid Peroxidation Reactions In Vivo: Evidence On The Role Of Lipids In Chemical Modification Of Protein And Development Of Diabetic Complications, Thomas O. Metz, Nathan L. Alderson, Mark E. Chachich, Suzanne R. Thorpe, John W. Baynes Oct 2003

Pyridoxamine Traps Intermediates In Lipid Peroxidation Reactions In Vivo: Evidence On The Role Of Lipids In Chemical Modification Of Protein And Development Of Diabetic Complications, Thomas O. Metz, Nathan L. Alderson, Mark E. Chachich, Suzanne R. Thorpe, John W. Baynes

Faculty Publications

Maillard or browning reactions between reducing sugars and protein lead to formation of advanced glycation end products (AGEs) and are thought to contribute to the pathogenesis of diabetic complications. AGE inhibitors such as aminoguanidine and pyridoxamine (PM) inhibit both the formation of AGEs and development of complications in animal models of diabetes. PM also inhibits the chemical modification of protein by advanced lipoxidation end products (ALEs) during lipid peroxidation reactions in vitro. We show here that several PM adducts, formed in incubations of PM with linoleate and arachidonate in vitro, are also excreted in the urine of PM-treated animals. The …


Comprehensive Analysis Of Alu-Associated Diversity On The Human Sex Chromosomes, Pauline A. Callinan, Dale J. Hedges, Abdel Halim Salem, Jinchuan Xing, Jerilyn A. Walker, Randall K. Garber, W. Scott Watkins, Michael J. Bamshad, Lynn B. Jorde, Mark A. Batzer Oct 2003

Comprehensive Analysis Of Alu-Associated Diversity On The Human Sex Chromosomes, Pauline A. Callinan, Dale J. Hedges, Abdel Halim Salem, Jinchuan Xing, Jerilyn A. Walker, Randall K. Garber, W. Scott Watkins, Michael J. Bamshad, Lynn B. Jorde, Mark A. Batzer

Faculty Publications

A comprehensive analysis of the human sex chromosomes was undertaken to assess Alu-associated human genomic diversity and to identify novel Alu insertion polymorphisms for the study of human evolution. Three hundred forty-five recently integrated Alu elements from eight different Alu subfamilies were identified on the X and Y chromosomes, 225 of which were selected and analyzed by polymerase chain reaction (PCR). From a total of 225 elements analyzed, 16 were found to be polymorphic on the X chromosome and one on the Y chromosome. In line with previous research using other classes of genetic markers, our results indicate reduced Alu-associated …


Evolution, Theology, And Method - Part 2: Scientific Method And Evolution, Fernando L. Canale Oct 2003

Evolution, Theology, And Method - Part 2: Scientific Method And Evolution, Fernando L. Canale

Faculty Publications

No abstract provided.


Nitric Oxide Mediates Seasonal Muscle Potentiation In Clam Gills, Louis F. Gainey Jr., Michael J. Greenberg Oct 2003

Nitric Oxide Mediates Seasonal Muscle Potentiation In Clam Gills, Louis F. Gainey Jr., Michael J. Greenberg

Faculty Publications

The physiology and timing of gill muscle potentiation were explored in the clam Mercenaria mercenaria. When isolated demibranchs were exposed twice (with an intervening wash) to the same concentration of 5-hydroxytryptamine, the second contraction was larger than the first. This potentiation was seasonal: it was present from November through June, and absent from July through October. Potentiation was not affected by the geographic origin of the clams, nor by their acclimation temperature. Potentiation was inhibited by the nitric oxide synthase (NOS) inhibitor L-NAME and mimicked by the nitric oxide (NO) donor DEANO. During the season of potentiation, immunoreactive NOS appeared …


Molecular Characterization Of Brucella Abortus Chromosome Ii Recombination, Georgios Tsoktouridis, Christian A. Merz, Simon P. Manning, Renée Giovagnoli-Kurtz, Leanne E. Williams, Cesar V. Mujer, Sue Hagius, Philip Elzer, Rajendra J. Redkar, Guy Patra, Vito G. Delvecchio Oct 2003

Molecular Characterization Of Brucella Abortus Chromosome Ii Recombination, Georgios Tsoktouridis, Christian A. Merz, Simon P. Manning, Renée Giovagnoli-Kurtz, Leanne E. Williams, Cesar V. Mujer, Sue Hagius, Philip Elzer, Rajendra J. Redkar, Guy Patra, Vito G. Delvecchio

Faculty Publications

Large-scale genomic rearrangements including inversions, deletions, and duplications are significant in bacterial evolution. The recently completed Brucella melitensis 16M and Brucella suis 1330 genomes have facilitated the investigation of such events in the Brucella spp. Suppressive subtractive hybridization (SSH) was employed in identifying genomic differences between B. melitensis 16M and Brucella abortus 2308. Analysis of 45 SSH clones revealed several deletions on chromosomes of B. abortus and B. melitensis that encoded proteins of various metabolic pathways. A 640-kb inversion on chromosome II of B. abortus has been reported previously (S. Michaux Charachon, G. Bourg, E. Jumas Bilak, P. Guigue Talet, …


Mitochondrial Mrna Stability And Polyadenylation During Anoxia-Induced Quiescence In The Brine Shrimp Artemia Franciscana, Brian D. Eads, Steven C. Hand Oct 2003

Mitochondrial Mrna Stability And Polyadenylation During Anoxia-Induced Quiescence In The Brine Shrimp Artemia Franciscana, Brian D. Eads, Steven C. Hand

Faculty Publications

Polyadenylation of messenger RNA is known to be an important mechanism for regulating mRNA stability in a variety of systems, including bacteria, chloroplasts and plant mitochondria. By comparison, little is known about the role played by polyadenylation in animal mitochondrial gene expression. We have used embryos of the brine shrimp Artemia franciscana to test hypotheses regarding message stability and polyadenylation under conditions simulating anoxia-induced quiescence. In response to anoxia, these embryos undergo a profound and acute metabolic downregulation, characterized by a steep drop in intracellular pH (pHi) and ATP levels. Using dot blots of total mitochondrial RNA, we show that …


The Effect Of Density-Dependent Catastrophes On Population Persistence Time, Chris Wilcox, Bret Elderd Oct 2003

The Effect Of Density-Dependent Catastrophes On Population Persistence Time, Chris Wilcox, Bret Elderd

Faculty Publications

1. There has been increasing recognition that catastrophes are an important factor in modelling threatened populations. However, density dependence has generally been omitted from models of threatened populations on the assumption that this omission yields conservative predictions. We explore the significance of including density-dependent catastrophes in models of threatened populations. 2. Using an analytical model, we show that density-dependent catastrophes have a significant effect on population persistence, decreasing mean persistence time at large population sizes and causing a relative increase at intermediate sizes. 3. We illustrate our results with empirical data from a disease outbreak in crabeater seals Lobodon carcinophagus …


The Risks Of Professionalizing Local History: The Campaign To Suppress My Book, Robert R. Weyeneth Oct 2003

The Risks Of Professionalizing Local History: The Campaign To Suppress My Book, Robert R. Weyeneth

Faculty Publications

No abstract provided.


World Religions And The Vegetarian Diet, Jo Ann Davidson Oct 2003

World Religions And The Vegetarian Diet, Jo Ann Davidson

Faculty Publications

No abstract provided.


Book Review Of God Who Creates: Essays In Honor Of W. Sibley Towner, By William P. Brown And S. Dean Mcbride, Jr., Richard M. Davidson Oct 2003

Book Review Of God Who Creates: Essays In Honor Of W. Sibley Towner, By William P. Brown And S. Dean Mcbride, Jr., Richard M. Davidson

Faculty Publications

No abstract provided.


Park's Tribolium Competition Experiments: A Non-Equilibrium Species Coexistence Hypothesis, Jeffrey Edmunds, J. M. Cushing, R. F. Costantino, Shandelle M. Henson, Brian Dennis, R. A. Desharnais Sep 2003

Park's Tribolium Competition Experiments: A Non-Equilibrium Species Coexistence Hypothesis, Jeffrey Edmunds, J. M. Cushing, R. F. Costantino, Shandelle M. Henson, Brian Dennis, R. A. Desharnais

Faculty Publications

1. In this journal 35 years ago, P. H. Leslie, T. Park and D. B. Mertz reported competitive exclusion data for two Tribolium species. It is less well-known that they also reported 'difficult to interpret' coexistence data. We suggest that the species exclusion and the species coexistence are consequences of a stable coexistence two-cycle in the presence of two stable competitive exclusion equilibria. 2. A stage-structured insect population model for two interacting species forecasts that as interspecific interaction is increased there occurs a sequence of dynamic changes (bifurcations) in which the classic Lotka-Volterra-type scenario with two stable competitive exclusion equilibria …


Advances In Satellite Radiometry For The Surveillance Of Surface Temperatures, Ocean Eddies And Upwelling Processes In The Gulf Of Mexico Using Goes-8 Measurements During Summer, Nan Walker, Soe Myint, Adele Babin, Alaric Haag Aug 2003

Advances In Satellite Radiometry For The Surveillance Of Surface Temperatures, Ocean Eddies And Upwelling Processes In The Gulf Of Mexico Using Goes-8 Measurements During Summer, Nan Walker, Soe Myint, Adele Babin, Alaric Haag

Faculty Publications

GOES-8 satellite infrared (IR) measurements have been under-utilized in oceanographic research, although they provide several advantages over measurements from other sensors such as the NOAA AVHRR. Frequent coverage (48 times/day) over large regions, low noise in the mid- IR channel, and sole use of nighttime data have enabled the development of improved techniques for producing "de-clouded" images and calculating accurate SSTs (with RMS errors < 0.5°C), over cloudy and humid regions such as the Gulf of Mexico. Animations of SST composite images reveal movements of the Loop Current, its frontal eddies and coastal upwelling even during summer months. GOES-12 and future GOES imagers for the next decade are missing the 12 μm channel; however, this study demonstrates that the mid-IR channel is even more useful than previously thought.