Digital Commons Network^™

The Paradox Of Exclusive State-Court Jurisdiction Over Federal Claims, Thomas B. Bennett

Faculty Publications

Standing doctrine is supposed to ensure the separation of powers and an adversary process of adjudication. But recently, it has begun serving a new and unintended purpose: transferring federal claims from federal to state court. Paradoxically, current standing doctrine assigns a growing class of federal claims - despite Congressional intent to the contrary - to the exclusive jurisdiction of state courts. Even then, only in some states, and only to the extent authorized by state law.

This paradox arises at the intersection of three distinct areas of doctrine:

(1) a newly sharpened requirement of concrete injury under Article III that …

Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz

Faculty Publications

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution ("ODR"), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof Online Arbitration ("OArb ") is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act ("FAA"). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration …

We Belong Together; Libraries, Communities And Third Places, Randa L. Morgan

Faculty Publications

University students expect much from their libraries. They want a place to study and research. They want a place to eat and hang out with their friends. They want to be able to relax between classes and find a quiet place to focus on work. They want a home away from home. As libraries have begun to accommodate these requests and shift away from the traditional ideas of a library, our students’ expectations are contradictory: have we lost the stereotypical idea of a library or are we in a renaissance where libraries are a third place for many students? Academic …

Integrated Learning In Elementary Arts Education: Promising Possibilities, Tara L. Carpenter, Mark A. Graham

Faculty Publications

Arts education can be a vital part of the elementary child’s learning experience. How-ever, keeping the arts in schools is often a challenge because of other competing academic priorities. Thus, arts integration is a valuable curriculum strategy as it merges arts disciplines with other subject areas in order to open up new ways of experiencing or gaining knowledge. Through a combination of a generous endowment and legislative appropriations, Utah elementary schools have the opportunity to employ arts specialists through the Beverley Taylor Sorenson Arts Learning Pro-gram. The program is designed to provide arts education to elementary-age students through a collaboration …

Forgiveness And Gratitude As Mediators Between Religious Commitment And Well-Being Among Latter-Day Saint Polynesian Americans, Davis Kealanohea Kane, G. E. Kawika Allen, Timothy B. Smith, M Ming, Aaron Jackson, Derek Griner, Elizabeth Cutrer-Parraga

Faculty Publications

An abundance of research has investigated well-being as it relates to religiosity and character strengths, such as forgiveness and gratitude. However, few studies have investigated how increases in forgiveness and gratitude might explain why religious commitment enhances well-being, particularly for U.S. ethnic/racial minority populations. This study investigated if the character strengths of forgiveness and gratitude mediated the relationship between religious commitment and well-being among Latter-day Saint Polynesian Americans – a fast growing, yet understudied, population. Results indicated that forgiveness and gratitude fully mediated the relationship between religious commitment and self-esteem, and gratitude partially mediated the relationship between religious commitment and …

An Evaluation And Performance Measure Framework For Online Dispute Resolution Programs: Assessing Improvements In Access To Justice, Andrea L. Miller, Paula Hannaford-Agor, Kathryn Genthon

Faculty Publications

One type of programming designed to improve access to justice for civil litigants is online dispute resolution (ODR). ODR generally consists of an internet-based software platform on which litigants can resolve legal problems, including negotiating settlements or exchanging information to narrow the factual and legal issues in a formal court hearing. ODR programs were first developed by online commercial businesses such as PayPal, eBay, and Amazon to resolve disputes more effectively between buyers and sellers, but they are still a relatively new innovation in courts, with most programs launching within the past three years.

ODR programs are intended to increase …

The Evidence Rules That Convict The Innocent, Jeffrey Bellin

Faculty Publications

Over the past decades, DNA testing has uncovered hundreds of examples of the most important type of trial errors: innocent defendants convicted of serious crimes like rape and murder. The resulting Innocence Movement spurred reforms to police practices, forensic science, and criminal procedure. This Article explores the lessons of the Innocence Movement for American evidence law.

Commentators often overlook the connection between the growing body of research on convictions of the innocent and the evidence rules. Of the commonly identified causes of false convictions, only flawed forensic testimony has received sustained attention as a matter of evidence law. But other …

The Evolving Technology-Augmented Courtroom Before, During, And After The Pandemic, Fredric I. Lederer

Faculty Publications

Even before the COVID-19 Pandemic, technology was changing the nature of America’s courtrooms. Access to case management and e-filing data and documents coupled with electronic display of information and evidence at trial, remote appearances, electronic court records, and assistive technology for those with disabilities defined the technology-augmented trial courtroom. With the advent of the Pandemic and the need for social distancing, numerous courts moved to remote appearances, virtual hearings, and even virtual trials. This Article reviews the nature of technology-augmented courtrooms and discusses virtual hearings and trials at length, reviewing legality, technology, human factors, and public acceptance, and concludes that …

Trademarks In Conversation: Assessing Genericism After Booking.Com, Laura A. Heymann

Faculty Publications

It is a fundamental principle of U.S. trademark law that to serve as a trademark, a word or phrase must “indicate the source” of the goods or services with which it is associated and, conversely, that a term that is understood to be the common name of a good or service is “generic” and cannot be protected as a trademark. Yet it still seems difficult to determine exactly what each concept means, particularly when the actual “source” of any goods or services might be opaque to consumers.

In part, this difficulty comes from the fact that status as a trademark …

A Statistical Analysis Of Drug Seizures And Opioid Overdose Deaths In Ohio From 2014 To 2018, David White, Lam Tran, Lin Ma

Faculty Publications

No abstract provided.

A Nanoparticle Co-Matrix For Multiple Charging In Matrix-Assisted Laser Desorption Ionization Imaging Of Tissue, Bijay Banstola, Kermit K. Murray

Faculty Publications

© 2019 John Wiley & Sons, Ltd. Rationale: A two-component matrix of 2-nitrophloroglucinol (2-NPG) and silica nanoparticles was used for matrix-assisted laser desorption ionization (MALDI) mass spectrometry imaging of high-charge-state biomolecules in tissue. Potential advantages include increased effective mass range and efficiency of fragmentation. Methods: A mixture of 2-NPG matrix and silica nanoparticles was applied to cyrosectioned 10 μm thick mouse brain tissue. The mixture was pipetted onto the tissue for profiling and sprayed for tissue imaging. MALDI images were obtained under high vacuum in a commercial time-of-flight mass spectrometer. Results: The combined 2-NPG and nanoparticle matrix produced highly charged …

Strength In Numbers (Of Words): Empirical Analysis Of Preambles And Public Comments, Anthony L. Moffa

Faculty Publications

The empirical observation of a four-decades-long trend towards longer and longer federal agency rulemakings laid the foundation for this series of studies and associated law review articles. The second in that series, this work will add necessary data, test important hypotheses, and draw new conclusions to guide policymakers. Any serious observer of the Federal Register recognizes that different sections of a rulemaking serve different purposes. And agencies have historically utilized one section in particular to insulate their rules from judicial vacation or remand – the “concise general statement of basis and purpose.” Thus, this new study will collect and analyze …

How Policies Portray Students: A Discourse Analysis Of Codes Of Conduct In Academic Libraries, Megan Bresnahan

Faculty Publications

In academic libraries, “codes of conduct” are policies that define what people who use those libraries are allowed to do in library spaces and serve as rules for enforcement. In this policy discourse analysis, the author examines these policies to understand what dominant discourses emerge about students who use libraries. The discourses represented in these policies portray students through frames of deficit thinking, adultism, exclusion, and surveillance. The study advocates for a critical shift in the design and purpose of these policies, and the results may inspire academic librarians to revise their policies to center care and respect for students.

Photoreceptor Phosphodiesterase (Pde6): Activation And Inactivation Mechanisms During Visual Transduction In Rods And Cones, Rick H. Cote

Faculty Publications

Rod and cone photoreceptors of the vertebrate retina utilize cGMP as the primary

intracellular messenger for the visual signaling pathway that converts a light stimulus into an electrical response. cGMP metabolism in the signal-transducing photoreceptor outer segment reflects the balance of cGMP synthesis (catalyzed by guanylyl cyclase) and degradation (catalyzed by the photoreceptor phosphodiesterase, PDE6). Upon light stimulation, rapid activation of PDE6 by the heterotrimeric G-protein (transducin) triggers a dramatic drop in cGMP levels that lead to cell hyperpolarization. Following cessation of the light stimulus, the lifetime of activated PDE6 is also precisely regulated by additional processes. This review summarizes …

Second Law Of Entanglement Dynamics For The Non-Asymptotic Regime, Mark M. Wilde

Faculty Publications

The distillable entanglement of a bipartite quantum state does not exceed its entanglement cost. This well known inequality can be understood as a second law of entanglement dynamics in the asymptotic regime of entanglement manipulation, excluding the possibility of perpetual entanglement extraction machines that generate boundless entanglement from a finite reserve. In this paper, I establish a refined second law of entanglement dynamics that holds for the non-asymptotic regime of entanglement manipulation.

Clinical Commissioning Of Intensity-Modulated Proton Therapy Systems: Report Of Aapm Task Group 185, Jonathan B. Farr, Michael F. Moyers, Chris E. Allgower, Martin Bues, Wen Chien Hsi, Hosang Jin, Dimitris N. Mihailidis, Hsiao Ming Lu, Wayne D. Newhauser, Narayan Sahoo, Roelf Slopsema, Daniel Yeung, X. Ronald Zhu

Faculty Publications

Proton therapy is an expanding radiotherapy modality in the United States and worldwide. With the number of proton therapy centers treating patients increasing, so does the need for consistent, high-quality clinical commissioning practices. Clinical commissioning encompasses the entire proton therapy system's multiple components, including the treatment delivery system, the patient positioning system, and the image-guided radiotherapy components. Also included in the commissioning process are the x-ray computed tomography scanner calibration for proton stopping power, the radiotherapy treatment planning system, and corresponding portions of the treatment management system. This commissioning report focuses exclusively on intensity-modulated scanning systems, presenting details of how …

Fast-Transient Searches In Real Time With Ztfrest: Identification Of Three Optically Discovered Gamma-Ray Burst Afterglows And New Constraints On The Kilonova Rate, Igor Andreoni, Michael W. Coughlin2, Erik C. Kool, Mansi M. Kasliwal, Harsh Kumar, Varun Bhalerao, Ana Sagues Carracedo, Anna Y. Q. Ho, Peter T. Pang, Divita Saraogi, Kritti Sharma, Vedant Shenoy, Eric Burns, Tomas Ahumada, Shreya Anand, Leo P. Singer, Daniel A. Perley, Kishalay De, U. C. Fremling, Eric C. Bellm, Mattia Bulla, Arien Crellin-Quick, Tim Dietrich, Andrew Drake, Dmitry A. Duev, Ariel Goobar, Matthew J. Graham, David L. Kaplan, S. R. Kulkarni, Russ R. Laher, Ashish A. Mahabal, David L. Shupe, Jesper Sollerman, Richard Walters, Yuhan Yao

Faculty Publications

The most common way to discover extragalactic fast transients, which fade within a few nights in the optical, is via follow-up of gamma-ray burst and gravitational-wave triggers. However, wide-field surveys have the potential to identify rapidly fading transients independently of such external triggers. The volumetric survey speed of the Zwicky Transient Facility (ZTF) makes it sensitive to objects as faint and fast fading as kilonovae, the optical counterparts to binary neutron star mergers, out to almost 200 Mpc. We introduce an open-source software infrastructure, the ZTF REaltime Search and Triggering, ZTFReST, designed to identify kilonovae and fast transients in ZTF …

Bats And Humans During Thesars-Cov-2outbreak: The Case Of Bat-Coronaviruses From Mexico, P Colunga-Salas, G Hernandez-Canchola

Faculty Publications

The novelSARS-CoV-2coronavirus has attracted attention due to the high number of human cases around the world. It has been proposed that this virus originated in bats, possibly transmitted to humans by an intermediate host, making bats a group of great interest during this outbreak. Almost 10% of the world's bat species inhabit Mexico, and 14 previous novel CoVs have been recorded in Mexican bats. However, the phylogenetic relationships between these viruses and the novel coronavirus are unknown. The aim of this communication was therefore to describe the phylogenetic relationships between Mexican bat-CoVs andSARS-CoV-2. We showed that Mexican bat-CoVs sequences are …

Telehealth And Autism Prior To And In The Age Of Covid-19: A Systematic And Critical Review Of The Last Decade, K S. Ellison, J Guidry, P Picou, P Adenuga, K S. Ellison

Faculty Publications

There has been growing interest in the use of telehealth; however, the COVID-19 pandemic and the subsequent isolation and restrictions placed on in-person services have fast-tracked implementation needs for these services. Individuals with autism spectrum disorder (ASD) have been particularly affected due to the often-intensive service needs required by this population. As a result, the aim of this review was to examine the evidence base, methodology, and outcomes of studies that have used telehealth for assessment and/or intervention with children and adolescents with ASD as well as their families over the last decade. Further, the goal is to highlight the …

Online-Delivered Group And Personal Exercise Programs To Support Low Active Older Adults' Mental Health During The Covid-19 Pandemic: Randomized Controlled Trial, M R. Beauchamp, R M. Hulteen, G R. Ruissen, Y Liu, M R. Beauchamp, C M. Wierts, K J. Waldhauser, S H. Harden, E Puterman

Faculty Publications

Background: In response to the COVID-19 pandemic, experts in mental health science emphasized the importance of developing and evaluating approaches to support and maintain the mental health of older adults. Objective: The aim of this study was to assess whether a group-based exercise program relative to a personal exercise program (both delivered online) and waitlist control (WLC) can improve the psychological health of previously low active older adults during the early stages of the COVID-19 pandemic. Methods: The Seniors COVID-19 Pandemic and Exercise (SCOPE) trial was a 3-arm, parallel randomized controlled trial conducted between May and September 2020 in which …

Relationship Between Atmospheric Teleconnections And The Northern Hemisphere's Circumpolar Vortex, N Bushra, R V. Rohli

Faculty Publications

The Northern Hemispheric circumpolar vortex (NHCPV) is the hemispheric-scale, middle- and upper-tropospheric wind belt circumnavigating the North Pole. It is delineated by the well-known polar front jet stream, and it bends poleward at ridges and equatorward at troughs at various amplitudes and positions over time. Previous work assessed the accuracy of representing the NHCPV using a new technique through correlations to air-sea teleconnections known to be related to broad-scale, extratropical steering circulation at the monthly scale. Results of that work suggested that the method allows for notable improvements in the calculation of area and circularity of the 500-hPa manifestation of …

Evaluation Of The Small Changes, Healthy Habits Pilot Program: Its Influence On Healthy Eating And Physical Activity Behaviors Of Adults In Louisiana, Praja Adhikari, Elizabeth Gollub

Faculty Publications

The community-based Small Changes, Healthy Habits (SCHH) program was developed to teach skills and techniques to help adults in Louisiana make and maintain small behavioral changes in their food selection, preparation, and consumption, and in physical activity routines. The content of this four-week program included habit formation and goal setting techniques; physical activity guidance; strategies for a healthier home food environment; a grocery store tour focused on label reading for healthier food selections; basic knife and cooking skills. The program was piloted at ten sites throughout the state. A survey with 14 core items was applied before and after the …

Documenting The Establishment, Spread, And Severity Of Phyllachora Maydis On Corn, In The United States, Nathan M. Kleczewski, Diane E. Plewa, Kaitlyn M. Bissonnette, Norman D. Bowman, Jan M. Byrne, Joseph Laforest, Felipe Dalla-Lana, Dean K. Malvick, Daren S. Mueller, Martin I. Chilvers, Pierce A. Paul, Richard N. Raid, Alison E. Robertson, Gail E. Ruhl, Damon L. Smith, Darcy E.P. Telenko

Faculty Publications

Tar spot on corn, caused by the fungus (Phyllachora maydis Maubl. [Phyllachorales: Phyllachoraceae]), is an emerging disease in the United States. In 2018 and 2019, significant but localized epidemics of tar spot occurred across the major corn producing region of the Midwest. After being first detected in 2015, tar spot was detected in 135 and 139 counties where the disease was not previously detected in 2018 and 2019, respectively, and is now established across 310 counties across the United Sates. Foliage with signs (stromata) of P. maydis and symptoms of tar spot were collected from 128 fields in 2018 and …

Biology And Management Of The Rice Stink Bug (Hemiptera: Pentatomidae) In Rice, Oryza Sativa (Poales: Poaceae), Santhi Bhavanam, Blake Wilson, Bryce Blackman, Michael Stout

Faculty Publications

The rice stink bug, Oebalus pugnax (Fabricius), is the most important late-season insect pest of rice in the southern United States. Nymphs and adults feed on rice grains, resulting in losses in yield and grain quality. Aspects of the biology, ecology, life history, and chemical ecology have been investigated in southern rice producing states but several outstanding questions remain. Standard economic threshold levels (ETLs) based on sweep net sampling for rice stink bug have been established depending on grain development stage and geographic location. However, recent studies on the relationship between rice stink bug densities, feeding damage, and its economic …

Climate Mismatch Between Introduced Biological Control Agents And Their Invasive Host Plants: Improving Biological Control Of Tropical Weeds In Temperate Regions, Nathan E. Harms, Ian A. Knight, Paul D. Pratt, Angelica M. Reddy, Abhishek Mukherjee, Ping Gong, Julie Coetzee, S. Raghu, Rodrigo Diaz

Faculty Publications

Many weed biological control programs suffer from large-scale spatial variation in success due to restricted distributions or abundances of agents in temperate climates. For some of the world’s worst aquatic weeds, agents are established but overwintering conditions limit their survival in higher latitudes or elevations. The resulting need is for new or improved site-or region-specific biological control tools. Here, we review this challenge with a focus on low-temperature limitations of agents and propose a roadmap for improving success. Investigations across spatial scales, from global (e.g., foreign exploration), to local (selective breeding), to individual organisms (molecular modification), are discussed. A combination …

Sugar Recovery Rates In Louisiana, Florida, And Australia (1901–2018): Sugarcane Varietal Development And Cultural Practices, P. Lynn Kennedy, Andrew Schmitz, Fangyi Zhang

Faculty Publications

Australia, Florida, and Louisiana are dominant sugar producers. We use piecewise regression to compare the growth in sugar recovery rates. To discuss sugarcane (Saccharum officinarum L.) varietal development and cultural practices, we consider two scenarios: the entire period 1901 to 2018 and two subperiods using country-specific breakpoints. The overall annual increase in the sugar recovery rate for all three regions ranged between 0.0180% for Australia and 0.0525% for Florida. In the first subperiod, Florida (0.2380%, 1928–1941) and Australia (0.1233%, 1901–1927) have the greatest annual gains, but in the second subperiod, Louisiana experiences the greatest annual gains (0.0813%, 1969–2018), followed by …

Kentucky Soybean Farmers' Supportiveness Of Two Integrated Pest And Pollinator Management Tactics, Hannah J. Penn, Jerrod Penn, Michael Cunningham-Minnick, Wuyang Hu

Faculty Publications

Beneficial insect conservation in agriculture is often studied in the context of integrated pest management (IPM). For instance, vegetative field edges provide habitat and changing the timing of insecticidal sprays decreases risk for pollinators and natural enemies of insect pests. However, the attitudes and confidence of U.S. growers towards IPM implementation in traditional row crops remain understudied. We developed an online survey using a convenience sample and surveyed Kentucky soybean growers to understand their current pest and general management practices, beliefs about sources of insect pests/weeds, and attitudes towards pollinators. We also asked about their willingness to implement two management …

Populations Of Helicoverpa Zea (Boddie) In The Southeastern United States Are Commonly Resistant To Cry1ab, But Still Susceptible To Vip3aa20 Expressed In Mir 162 Corn, Ying Niu, Isaac Oyediran, Wenbo Yu, Shucong Lin, Marcelo Dimase, Sebe Brown, Francis P.F. Reay-Jones, Don Cook, Dominic Reisig, Ben Thrash, Xinzhi Ni, Silvana V. Paula-Moraes, Yan Zhang, Jeng Shong Chen, Zhimou Wen, Fangneng Huang

Faculty Publications

AbstractsThe corn earworm, Helicoverpa zea (Boddie), is a major pest targeted by pyramided Bacillus thuringiensis (Bt) corn and cotton in the U.S. Cry1Ab is one of the first insecticidal toxins used in Bt crops, while Vip3A is a relatively new toxin that has recently been incorporated into Cry corn with event MIR 162 and Cry cotton varieties to generate pyramided Bt traits targeting lepidopteran pests including H. zea. The objectives of this study were to determine the current status and distribution of the Cry1Ab resistance, and evaluate the susceptibility to Vip3Aa20 expressed in MIR 162 corn in H. zea in …

(Sl(N),Q) -Opers, The Q-Langlands Correspondence, And Quantum/Classical Duality, Peter Koroteev, Daniel S. Sage, Anton M. Zeitlin

Faculty Publications

A special case of the geometric Langlands correspondence is given by the relationship between solutions of the Bethe ansatz equations for the Gaudin model and opers-connections on the projective line with extra structure. In this paper, we describe a deformation of this correspondence for SL(N). We introduce a difference equation version of opers called q-opers and prove a q-Langlands correspondence between nondegenerate solutions of the Bethe ansatz equations for the XXZ model and nondegenerate twisted q-opers with regular singularities on the projective line. We show that the quantum/classical duality between the XXZ spin chain and the trigonometric Ruijsenaars–Schneider model may …

Phenomenological Implications Of Modified Loop Cosmologies: An Overview, B F. Li, P Singh, A Z. Wang

Faculty Publications

In this paper, we first provide a brief review of the effective dynamics of two recently well-studied models of modified loop quantum cosmologies (mLQCs), which arise from different regularizations of the Hamiltonian constraint and show the robustness of a generic resolution of the big bang singularity, replaced by a quantum bounce due to non-perturbative Planck scale effects. As in loop quantum cosmology (LQC), in these modified models the slow-roll inflation happens generically. We consider the cosmological perturbations following the dressed and hybrid approaches and clarify some subtle issues regarding the ambiguity of the extension of the effective potential of the …