Digital Commons Network^™

Salt Marsh Elevation Limit Determined After Subsidence From Hydrologic Change And Hydrocarbon Extraction, R. Eugene Turner, Yu Mo

Faculty Publications

Levee construction aboveground and hydrocarbon removal from belowground in coastal wetlands can create hydrologic changes that increase plant stress through flooding. But the significance of the subsidence they cause individually or in combination is contested. This study untangled them to demonstrate elevational limits of salt marshes by studying dredged and natural waterways in two salt marshes in Louisiana, USA. The areas had a homogenous plant cover before drilling for oil and gas extraction peaked in the 1960s, and now are a mixed network of natural waterways and dredged canals used to drill wells with an average drill date of 1965.8 …

Early Diagenesis In The Hypoxic And Acidified Zone Of The Northern Gulf Of Mexico: Is Organic Matter Recycling In Sediments Disconnected From The Water Column?, C. Rabouille, B. Lansard, S.M. Owings, N.N. Rabalais, B. Bombled, E. Metzger, J. Richirt, E.M. Eitel, A.D. Boever, J.S. Beckler, M. Taillefert

Faculty Publications

No abstract provided.

Biogeographical Trends In Phytoplankton Community Size Structure Using Adaptive Sentinel 3-Olci Chlorophyll A And Spectral Empirical Orthogonal Functions In The Estuarine-Shelf Waters Of The Northern Gulf Of Mexico, Bingqing Liu, Eurico J. D'Sa, Kanchan Maiti, Victor H. Rivera-Monroy, Zuo Xue

Faculty Publications

The active hydrodynamics and complex circulation patterns in the northern Gulf of Mexico (nGoM) provide a dynamic scenario to investigate mesoscale responses of the size structure of phytoplankton communities to environmental variability. In this study, a large in-situ dataset acquired in inland, estuarine and coastal waters of the nGoM and U.S. East Coast were utilized to achieve a regional parameterization of the red-NIR ratio-based chlorophyll a (Chl a) algorithm for the high-spatial and spectral resolution Sentinel 3-OLCI ocean color sensor. Using an adaptive scheme, the algorithm was used in combination with other standard Chl a algorithms such as the Neural …

Astronomical Tide And Storm Surge Signals Observed In An Isolated Inland Maar Lake Near The Coast, Mingming Li, Chunyan Li, Lingling Xie, Wei Huang, Quanan Zheng, Keyi Tan, Yingbin Hong

Faculty Publications

Aimed at the explanation of clear tidal signal and storm surge signals in a closed inland lake near the coast (the Huguangyan Lake), this work uses a combined approach with observations and model experiments. Huguangyan Lake is a closed inland freshwater coneless volcanic crater lake near the coast in tropical southern China, less than 5 km from an estuary. It has a diameter of about 1.5 km and relatively deep water of up to 20 m. Bottom pressure was measured from an acoustic Doppler current profiler (ADCP) for 10 days in September 2018 and 10 days in January 2019. The …

Ab Initio Hydrogen Dynamics And The Morphology Of Voids In Amorphous Silicon, Parthapratim Biswas, Dil Limbu

Faculty Publications

This article presents an ab initio study of hydrogen dynamics inside nanometer-size voids in amorphous silicon (a-Si) within the framework of the density-functional theory for a varying hydrogen load of 10–30 atoms per void at the low and high temperature of 400 and 700 K, respectively. Using the local density approximation (LDA) and its generalized-gradient counterpart (GGA), the dynamics of hydrogen atoms inside the voids are examined with an emphasis on the diffusion of H atoms/molecules, and the resulting nanostructural changes of the void surfaces. The results from simulations suggest that the microstructure of the hydrogen distribution on the void …

Clarifying The Relationship Of Dissociative Experiences To Suicide Ideation And Attempts: A Multimethod Examination In Two Samples, Mikayla C. Pachkowski, Megan L. Rogers, Boaz Y. Saffer, Nicole M. Caulfield, E. David Klonsky

Faculty Publications

Fears of pain, injury, and death may represent key barriers to acting on suicidal thoughts. Dissociation, which involves a disconnection from one's body, may reduce fears and sensations of pain associated with harming the body, in turn facilitating suicide attempts. This study examined whether dissociation differentiated individuals with a history of suicide attempts from those with a history of suicide ideation, and investigated whether other relevant constructs explain this relationship. Sample 1 included 754 undergraduates (Mage = 21, 79% female) who completed a battery of self-report measures. Sample 2 included 247 undergraduates (Mage = 19, 74% female) who completed a …

Moral Bars To Intellectual Property: Theory & Apologetics, Ned Snow

Faculty Publications

Various intellectual creations are raising complex moral issues in intellectual property law. Videos of mass shootings made by perpetrators, statues of the Confederacy displayed openly, torture techniques used on criminal detainees, and devices for consuming illegal drugs are only a few examples. These expressive and inventive works pose the question of whether their apparent immoral nature should preclude intellectual property protection. Although courts and scholars have long debated moral values in intellectual property doctrines, the literature is largely silent on the effect of intellectual property theory. The question thus arises: Do the utilitarian, labor-desert, and autonomy theories of intellectual property …

Barring Immoral Speech In Patent And Copyright, Ned Snow

Faculty Publications

In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment preclude Congress from denying patent or copyright protection based on a moral reason? Congress, for instance, might deny patent protection for inventions directed toward the consumption of marijuana. Inventors would accordingly choose not to disclose knowledge about those inventions to the public, and the denial would chill their speech. Similarly, Congress would chill speech if it denied copyright protection for moral reasons. …

Black Urban Ecologies And Structural Extermination, Etienne C. Toussaint

Faculty Publications

Residents of low-income, metropolitan communities across the United States frequently live in “food apartheid” neighborhoods—areas with limited access to nutrient-rich and fresh food. Local government law scholars, poverty law scholars, and political theorists have long argued that structural racism embedded in America’s political economy influences the uneven development of such Black urban ecologies. Accordingly, food justice scholars have called for local governments to develop urban agricultural markets that combat racism in global corporatized food systems by localizing food development. These demands have only amplified during the COVID-19 pandemic, which has ravaged Black communities where residents suffer from preexisting health conditions …

Making Federalism Work: Lessons From Health Care To The Green New Deal, Jesse M. Cross, Shelley Welton

Faculty Publications

For decades, federalism had a bad reputation. It often was perceived as little more than a cover for state resistance to civil rights and other social justice reforms. More recently, however, progressive scholars have argued that federalism can meaningfully advance nationalist ends. According to these scholars, federalism allows for spaces in which norms can be contested, developed, and extended. This new strain of scholarship also recognizes, however, that these federalist structures can still shield national-level reforms from reaching all Americans. Many see such gaps as a regrettable but unavoidable feature of our federalist system.

But to embrace federalism as an …

Political Climate And Catastrophes: The Effects Of Notorious Events On Public Library Collections, Both Then And Now, Joseph A. Custer

Faculty Publications

This paper explores four different cases in the early 1950s of “Red Scare” tactics that influenced the freedoms that patrons using public libraries have enjoyed. The paper will also examine, at various points, the censorship parallels in the early 1950s to the contemporary political climate and the fallout of the Great Depression to the current catastrophe, COVID-19. The paper reviews the fallout from the Great Depression and how the world’s depression helped catapult Adolph Hitler of Germany to power. Hitler severely restricted or eliminated freedoms of expression, and the Trump administration’s actions reflect some of those same restrictions.

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 …

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 …

The Emergence Of The Actively Managed Etf, Kevin S. Haeberle

Faculty Publications

Since the first exchange-traded fund began trading in 1993, the ETF form has attracted enormous investment flows. However, this triumph of the ETF has been overwhelmingly limited to the world of passive investment. Due to a mix of recent market innovation and regulatory change, this state of affairs is changing today. As I explain in this Article, there is much reason to believe that the actively managed ETF is now set to emerge as a significant feature of the investment landscape. And this emergence has important implications for, among others, the main parties that play key roles in protecting investors …

Requiem For A Lightweight: How Ncaa Continues To Distort Antitrust Doctrine, Alan J. Meese

Faculty Publications

The Supreme Court speaks rarely about the meaning of the Sherman Act. When the Court does speak, its pronouncements have particular resonance and staying power among jurists, scholars, and enforcers. NCAA v. Board of Regents of the University of Oklahoma was such a case. There the Court assessed agreements reducing the output and increasing the prices of televised college football games. After announcing that restraints imposed by sports leagues are exempt from per se condemnation, the Court went on to invalidate the challenged agreements under the rule of reason because they produced significant economic harm without offsetting benefits. In so …

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.

Dynamical Comparison Of Different Polymer Architectures - Bottlebrush Vs Linear Polymer, Karin J. Bichler, Bruno Jakobi, Gerald J. Schneider

Faculty Publications

© 2021 American Chemical Society. Different polymer architectures behave differently regarding their dynamics. We have used a combination of dielectric spectroscopy, and fast field cycling nuclear magnetic resonance (NMR) to compare the dynamical behavior of two different polymer architectures, with similar overall molecular weight. The systems of interest are a bottlebrush polymer and a linear one, both based on poly(dimethylsiloxane) (PDMS). To verify the structure of the PDMS-g-PDMS bottlebrush in the melt, small-angle neutron scattering was used, yielding a spherical shape. Information about the segmental dynamics was revealed by dielectric spectroscopy and extended to higher temperatures by fast field cycling …

Quantifying The Effects Of Aircraft Engine Upgrades On Operating And Support Costs, Bradford A. Myers, Edward D. White, Jonathan D. Ritschel, R. David Fass

Faculty Publications

For fixed wing aircraft within the U.S. Air Force, Operating and Support (O&S) costs encompass a large portion of total life cycle costs. O&S costs include fuel, maintenance, and engine upgrades. To the authors’ knowledge, no study to date has attempted to empirically quantify the realized effects of new aircraft engines on sustainment costs. Utilizing the Air Force Total Ownership Cost database, they focused on new engines appearing on the C-5s, C-130s, and C-135s. Although narrow in scope, results suggest newer engines have lower fuel costs. Maintenance costs for newer engines were not consistently higher or lower than the engines …

A Reasonable Person Standard For Qualified Immunity, Bailey D. Barnes

Faculty Publications

Ahmaud Arbery, Jacob Blake, Rayshard Brooks, George Floyd, Daniel Prude, Breonna Taylor. In 2020, the United States' longstanding problem of police brutality, especially related to officer encounters with minorities, was on full display. The names listed here are only a snapshot of those cases that garnered the most significant media attention. Though in admittedly differing circumstances, each of these cases demonstrates that both on-duty and off-duty police interactions can have dire, even deadly, consequences. Yet, these situations are only those that resulted in death or severe injury. Invariably, there are numerous other instances where law enforcement, clothed with the state's …

References To Aesop's Fables In Judicial Opinions And Written Advocacy, Douglas E. Abrams

Faculty Publications

In several “Writing It Right” articles over the past few years, I have described how federal and state judges frequently accent their opinions' substantive or procedural points with careful references to cultural markers familiar to many Americans. This article continues traveling the literary lane by turning to Aesop’s Fables. By invoking a Fable, the Friends of Animals district court continued a tradition that began in 1823, when the Pennsylvania Supreme Court cited Aesop in a will contest.

Environmental Indifference, Anthony L. Moffa

Faculty Publications

An incarcerated American underclass, disproportionately comprised of minority citizens, has been compelled to live in an unconstitutionally polluted environment. Exposure to radon gas in indoor air is just one example of that pollution. Fortunately, the legal effort to address that particular condition of confinement has already begun; the theoretical and practical discussion in this work strives to both highlight the importance of the issue and inform the doctrinal development. The Eighth Amendment precedent created on the specific issue of radon exposure will very likely control the courts’ treatment of other environmental harms ignored by prison officials. This work, using radon …

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.

Long-Lived Isomeric States And Quasiparticle Band Structures In Neutron-Rich Gd 162,164 Nuclei From Β Decay, E. H. Wang, J. M. Eldridge, N. T. Brewer, J. H. Hamilton, J. C. Batchelder, Y. X. Liu, Y. Sun, C. Brown, C. J. Zachary, B. M. Musangu, A. V. Ramayya, K. P. Rykaczewski, C. J. Gross, R. Grzywacz, M. Madurga, D. Miller, D. W. Stracener, C. Jost, E. F. Zganjar, J. A. Winger, M. Karny, S. V. Paulauskas, S. H. Liu, M. Wolińska-Cichocka, S. W. Padgett, A. J. Mendez, K. Miernik, A. Fijałkowska, S. V. Ilyushkin

Faculty Publications

Neutron-rich nuclei Eu162,164 were produced by bombarding a proton beam on a U238 target at the Holifield Radioactive Ion Beam Facility at Oak Ridge National Laboratory and mass separating the Eu162,164 products. New level schemes and new γ-ray transitions of the daughters Gd162,164 were identified from β-decay spectroscopy studies. Half-lives of the Eu162,164 were remeasured to clarify the previous ambiguous results. Two quasiparticle band structures were built and compared with neighboring nuclei. The β and γ bands were extended in Gd162 and a γ band was extended in Gd164. Half-lives of the isomeric states at (6-) 1449 keV in Gd162 …

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 …

Absorption Spectroscopy Of Quantum Black Holes With Gravitational Waves, Ivan Agullo, Vitor Cardoso, Adrián Del Rio, Michele Maggiore, Jorge Pullin

Faculty Publications

The observation of electromagnetic radiation emitted or absorbed by matter was instrumental in revealing the quantum properties of atoms and molecules in the early XX century, and constituted a turning-point in the development of the quantum theory. Quantum mechanics changes dramatically the way radiation and matter interact, making the probability of emission and absorption of light strongly frequency dependent, as clearly manifested in atomic spectra. In this essay, we advocate that gravitational radiation can play, for the quantum aspects of black holes, a similar role as electromagnetic radiation did for atoms, and that the advent of gravitational-wave astronomy can bring …

Nuclear Dynamics And Reactions In The Ab Initio Symmetry-Adapted Framework, Kristina D. Launey, Alexis Mercenne, Tomas Dytrych

Faculty Publications

We review the ab initio symmetry-adapted (SA) framework for determining the structure of stable and unstable nuclei, along with related electroweak, decay, and reaction processes. This framework utilizes the dominant symmetry of nuclear dynamics, the shape-related symplectic Sp(3, R) symmetry, which has been shown to emerge from first principles and to expose dominant degrees of freedom that are collective in nature, even in the lightest species or seemingly spherical states. This feature is illustrated for a broad scope of nuclei ranging from helium to titanium isotopes, enabled by recent developments of the ab initio SA no-core shell model expanded to …

Importance Of Van Der Waals Interactions For Ab Initio Studies Of Topological Insulators, K. Shirali, W. A. Shelton, I. Vekhter

Faculty Publications

We investigate the lattice and electronic structures of the bulk and surface of the prototypical layered topological insulators Bi2Se3 and Bi2Te3 using ab initio density functional methods, and systematically compare the results of different methods of including van der Waals (vdW) interactions. We show that the methods utilizing semi-empirical energy corrections yield accurate descriptions of these materials, with the most precise results obtained by properly accounting for the long-range tail of the vdW interactions. The bulk lattice constants, distances between quintuple layers and the Dirac velocity of the topological surface states (TSS) are all in excellent agreement with experiment. In …

Design, Upgrade And Characterization Of The Silicon Photomultiplier Front-End For The Amiga Detector At The Pierre Auger Observatory, A. Aab, P. Abreu, M. Aglietta, J. M. Albury, I. Allekotte, A. Almela, J. Alvarez-Muñiz, R. Alves Batista, G. A. Anastasi, L. Anchordoqui, B. Andrada, S. Andringa, C. Aramo, P. R. Araújo Ferreira, H. Asorey, P. Assis, G. Avila, A. M. Badescu, A. Bakalova, A. Balaceanu, F. Barbato, R. J. Barreira Luz, K. H. Becker, J. A. Bellido, C. Berat, M. E. Bertaina, X. Bertou, P. L. Biermann, T. Bister, J. Biteau, J. Blazek, C. Bleve, M. Boháčová

Faculty Publications

AMIGA (Auger Muons and Infill for the Ground Array) is an upgrade of the Pierre Auger Observatory to complement the study of ultra-high-energy cosmic rays (UHECR) by measuring the muon content of extensive air showers (EAS). It consists of an array of 61 water Cherenkov detectors on a denser spacing in combination with underground scintillation detectors used for muon density measurement. Each detector is composed of three scintillation modules, with 10 m2 detection area per module, buried at 2.3 m depth, resulting in a total detection area of 30 m2. Silicon photomultiplier sensors (SiPM) measure the amount of scintillation light …