Digital Commons Network^™

Contextualizing Varnum V. Brien: A "Moment" In History, Patricia A. Cain

Faculty Publications

Varnum v. Brien is the last case in a line of state constitutional law challenges in what has been a a fifteen-year campaign by LGBT public interest lawyers seeking legal recognition for same-sex couples. While the litigation may be over for now, the larger battle is just beginning. The Iowa Supreme Court’s ruling in Varnum will play a central role in this future battle. It stands as part of a major “moment” in the modern history of recognizing equal marriage rights for same-sex couples. This article describes the historical context in which Varnum was litigated and identifies three important “moments” …

Student Retention In Athletic Training Education Programs, Thomas M. Dodge, Murrary F. Mitchell, James M. Mensch

Faculty Publications

The success of any academic program, including athletic training, depends upon attracting and keeping quality students. The nature of persistent students versus students who prematurely leave the athletic training major is not known. Understanding the profiles of athletic training students who persist or leave is important.

Objective: To (1) explore the relationships among the following variables: anticipatory factors, academic integration, clinical integration, social integration, and motivation; (2) determine which of the aforementioned variables discriminate between senior athletic training students and major changers; and (3) identify which variable is the strongest predictor of persistence in athletic training education programs.

Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan

Faculty Publications

No abstract provided.

Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade, Bryant W. Smith

Faculty Publications

Is water a "product" subject to the World Trade Organization (WTO)’s General Agreement on Tariffs and Trade (GATT)? I argue that it is not, because the established, widespread, and consistent assertion by states of public ownership over their water resources through both municipal and international law (the "public-ownership consensus") precludes any reading of GATT that would fundamentally alter the unique status of those resources. My reasoning therefore differs from that of others who have addressed this issue in that I first examine the broader legal context in which the WTO exists and then consider how that context compels an interpretation …

Book Review: Index To Legal Citations And Abbreviations, 3rd Ed., Duncan E. Alford

Faculty Publications

No abstract provided.

In Defense Of Voluntary Desegregation: All Things Are Not Equal, Derek W. Black

Faculty Publications

This Article analyzes the concept of racial stigma in Justice Kennedy’s controlling opinion in Parents Involved in Community Schools v. Seattle School District No. 1. The Article reveals that Kennedy’s fundamental concern is that using racial classifications to achieve voluntary desegregation racially stigmatizes students. In particular, he assumes that the classifications undermine individualism and reduce children to “racial chits.” He fails, however, to recognize the purpose of voluntary desegregation and the unique characteristics that distinguish it from other race-conscious programs. Kennedy is not alone. Commentators and schools may have “over-defended” voluntary desegregation, articulating multiple justifications rather than focusing on the …

A Voice-Based Framework For Evaluating Claims Of Minority Shareholder Oppression In The Close Corporation, Benjamin Means

Faculty Publications

No abstract provided.

The New Uniform Limited Cooperative Association Act: A Capital Idea For Principled Self-Help Value Added Firms, Community-Based Economic Development, And Low-Profit Joint Ventures, Thomas Geu, James Dean

Faculty Publications

In this Article, the authors, reporters for the newly adopted Uniform Limited Cooperative Association Act, discuss extensively the new uniform act. The authors survey the uniform act's various features. The Article serves as a thorough guide to the limited cooperative association, outlining the various considerations that go into creating this business entity, including creation, taxation, allocation of profits and losses, dissociation, winding-up, and dissolution.

Carville: Remembering Leprosy In America, Chris J. Goertzen

Faculty Publications

No abstract provided.

Public Opinion On Childhood Obesity As A Driving Force For Policy And Intervention Development, Charkarra Anderson-Lewis, Bonnie Harbaugh, Jerome R. Kolbo, Lei Zhang

Faculty Publications

Childhood obesity is a complex issue in which evidence describing strategies and methods for prevention are needed. It is important that the public’s perception of childhood obesity is understood. This includes determining attitudes about childhood obesity and assessing support for an array of policies and prevention initiatives. A multidisciplinary research team at The University of Southern Mississippi conducted the Mississippi Public Perception of Childhood Obesity telephone survey. Childhood obesity information was elicited from 1,352 Mississippi adults. Telephone interviewing was conducted using WinCATI on a sample selected using random-digit dialing. Data were weighted to reflect race, sex, and age distribution of …

A Distribution-Free Convolution Model For Background Correction Of Oligonucleotide Microarray Data, Zhongxue Chen, Monnie Mcgee, Qingzhong Liu, Megan Kong, Youping Deng, Richard H. Scheuermann

Faculty Publications

Introduction

Affymetrix GeneChip^® high-density oligonucleotide arrays are widely used in biological and medical research because of production reproducibility, which facilitates the comparison of results between experiment runs. In order to obtain high-level classification and cluster analysis that can be trusted, it is important to perform various pre-processing steps on the probe-level data to control for variability in sample processing and array hybridization. Many proposed preprocessing methods are parametric, in that they assume that the background noise generated by microarray data is a random sample from a statistical distribution, typically a normal distribution. The quality of the final results depends …

High-Throughput Next-Generation Sequencing Technologies Foster New Cutting-Edge Computing Techniques In Bioinformatics, Mary Qu Yang, Brian D. Athey, Hamid R. Arabnia, Andrew H. Sung, Qingzhong Liu, Jack Y. Yang, Jinghe Mao, Youping Deng

Faculty Publications

The advent of high-throughput next generation sequencing technologies have fostered enormous potential applications of supercomputing techniques in genome sequencing, epi-genetics, metagenomics, personalized medicine, discovery of non-coding RNAs and protein-binding sites. To this end, the 2008 International Conference on Bioinformatics and Computational Biology (Biocomp) - 2008 World Congress on Computer Science, Computer Engineering and Applied Computing (Worldcomp) was designed to promote synergistic inter/multidisciplinary research and education in response to the current research trends and advances. The conference attracted more than two thousand scientists, medical doctors, engineers, professors and students gathered at Las Vegas, Nevada, USA during July 14-17 and received great …

Lead Poisoning: An Alarming Public Health Problem In Bangladesh, Amal K. Mitra, Akhlaque Haque, Manirul Islam, S.A. M.K. Bashar

Faculty Publications

To assess the risk of lead poisoning among preschool and school-aged children in Bangladesh, 345 children were screened for blood lead levels (BLLs) from one rural and two urban areas in Bangladesh from September 2007 through January 2008. An urban industrial area at Tongi was identified as a disaster area, where 99% (104/105) of those tested had BLLs >= 10 mu g/dL. Industrial emissions and use of leaded gasoline by two-stroke engine vehicles were identified as possible sources of lead in that area. A rural nonindustrial area at Chirirbandar, Dinajpur was identified as another high-risk area, where 14% of the …

Nonpoint Source Pollution, Lu Lin, Zhi Qiang Deng, Daniel Dianchen Gang

Faculty Publications

A critical review of the peer-reviewed literature published in 2008 on topics related to nonpoint source pollution (NPS) is presented. This review is divided into three sections: sources of NPS pollution, modeling of NPS pollution, and NPS control strategies. Copyright © 2009 Water Environment Federation.

Plains Commerce Bank V. Long Family Land And Cattle Company, Inc.: An Introduction With Questions, Frank Pommersheim

Faculty Publications

No abstract provided.

The Metal Chelators, Trientine And Citrate, Inhibit The Development Of Cardiac Pathology In The Zucker Diabetic Rat, John W. Baynes, David B. Murray

Faculty Publications

Purpose. The objective of this study was to determine the efficacy of dietary supplementation with the metal chelators, trientine or citric acid, in preventing the development of cardiomyopathy in the Zucker diabetic rat.

Hypothesis. We hypothesized that dietary chelators would attenuate metal-catalyzed oxidative stress and damage in tissues and protect against pathological changes in ventricular structure and function in type II diabetes.

Methods. Animals (10 weeks old) included lean control (LC, fa/+), untreated Zucker diabetic fatty (ZDF, fa/fa), and ZDF rats treated with either trientine (triethylenetetramine) or citrate at 20 mg/d in drinking water, starting …

Subcellular Localization Of Marine Bacterial Alkaline Phosphatases, H. Luo, Ronald Benner, R. A. Long, Jianjun Hu

Faculty Publications

Bacterial alkaline phosphatases (APases) are important enzymes in organophosphate utilization in the ocean. The subcellular localization of APases has significant ecological implications for marine biota but is largely unknown. The extensive metagenomic sequence databases from the Global Ocean Sampling Expedition provide an opportunity to address this question. A bioinformatics pipeline was developed to identify marine bacterial APases from the metagenomic databases, and a consensus classification algorithm was designed to predict their subcellular localizations. We identified 3,733 bacterial APase sequences (including PhoA, PhoD, and PhoX) and found that cytoplasmic (41%) and extracellular (30%) APases exceed their periplasmic (17%), outer membrane (12%), …

An Exploration Of A Model Of Social Networks And Multilateral Negotiations, Bruce Money, Chad R. Allred

Faculty Publications

Multilateral (many‐party) negotiations are much more complex than traditional two‐party negotiations. In this article, we explore a model of social network activity, especially clique formation, among parties engaged in multilateral negotiation and the implications that such networks might have on the negotiation process and outcome. Using data collected from 375 subjects participating in a negotiation simulation, our results reveal that, primarily, the negotiator’s perspectives of clique formation (coalition building) — both his or her own and the other party’s — have unique effects on the integrative, problem‐solving approaches used in the process and on the negotiator’s satisfaction with outcomes. Secondarily, …

Intra-Speaker Variability In Palatometric Measures Of Consonant Articulation, Christopher Dromey, Marybeth Sanders

Faculty Publications

Electropalatometry is a useful clinical and research tool for measuring linguapalatal contact. The goal of this study was to examine intra-speaker variability in performance. Twenty individuals spoke VCV nonsense words using a schwa in the initial position, the 15 palatal consonants, and three corner vowels, /ɑ/, /i/, /u/. A variability index was created to examine speaker consistency.
Different aspects of articulation (i.e. place, manner, voicing, coarticulation) were compared. Significant differences for variability were found for place of articulation in the /i/ vowel context and for manner of articulation in the /ɑ/ vowel context. Also for the /ɑ/ vowel, significant differences …

Nps' Perceptions Of Disaster Preparedness Education: Quantitative Survey Research, Milada Tichy, A. Elaine Bond, Renea L. Beckstrand, Barbara Heise

Faculty Publications

Nurse practitioners need to be effective in responding to large-scale natural and man-made disasters. However, disaster core competencies for NPs are largely nonexistent. The purpose of this study was to assess NPs' level of disaster preparedness and determine how NPs acquired knowledge about disaster preparation. Findings suggest that a consistent national NP curriculum for disaster preparedness, including communication with other disaster agencies, is needed. With proper education, NPs can play a major role in disaster management.

Changing Patterns Of Family Care In Uganda: Father Absence And Patrilineal Neglect In The Face Of Hiv/Aids, Jini Roby, Stacey Shaw, Elinor Wanyama Chemonges, Cole D. Hooley

Faculty Publications

In this study, 162 HIV-positive mothers in Uganda were interviewed about the involvement of fathers and paternal kin, regarding current support they provide to children and as child placement options in the event of the mother’s death. More than half of the children had fathers who were already deceased. Another one third had fathers who were alive but did not live with the children. Only 16% of the children were living with and being supported by their fathers. Mothers indicated a strong preference for placement with maternal kin, in contrast to traditional expectations of paternal kin care. Patterns of change …

Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler

Faculty Publications

The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 29 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …

A Theory Of Wto Adjudication: From Empirical Analysis To Biased Rule Development, Juscelino F. Colares

Faculty Publications

The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 27, reveals a high disparity between Complainant and Respondent success rates: Complainants win roughly ninety percent of the disputes. This disparity transcends case type, party identity, income level, and other litigant-specific characteristics. After analyzing and discarding standard empirical and theoretical alternative explanations for the systematic disparity in success rates, this study demonstrates, through an examination of patterns in WTO adjudicators' notorious decisions, that biased …

Will Directed Evolution Destroy Humanity, And If So, What Can We Do About It?, Maxwell J. Mehlman

Faculty Publications

In contemplating the technologies emerging from the Human Genome Project, nothing scares people more than the prospect that we will attempt to use genetic engineering to control the human evolutionary process.

Reproductive Rights As Health Care Rights, B. Jessie Hill

Faculty Publications

U.S. legal scholarship concerning reproductive rights has largely revolved around the poles of decisional autonomy, privacy, and equality, with a concomitant a tendency to de-emphasize the medical aspect of abortion rights. The medical approach has been particularly disfavored by feminist scholars, largely due to concerns about undermining the equality rationale for reproductive rights and placing too much power in the hands of physicians. In addition, American constitutional law has tended to treat reproductive-rights cases differently from other cases raising challenges to government restrictions on individuals’ rights to access certain forms of medical treatment, granting heightened judicial scrutiny to the former …

Green Helmets: Eco-Intervention In The Twenty-First Century, Linda A. Malone

Faculty Publications

No abstract provided.

Using The Fourteenth Amendment To Protect The Integrity Of Kinship Foster Families, Jennifer Baum, Teresa J. Grogan

Faculty Publications

(Excerpt)

As children’s advocates, we know well the value of an extended family to a dependency case. Living with a family member is often considered by children removed from their parents to be the “second best.” Such arrangements are often more comforting, less socially stigmatizing, and more capable at facilitating children’s normal daily routines, including school, medical care, and religious training, than stranger foster care. The social and psychological benefits of kinship care are well documented. One recent retrospective study concluded that children in kinship foster care have fewer behavioral problems three years after placement than do children who were …

Representation Reinforcement: A Legislative Solution To A Legislative Process Problem, Anita S. Krishnakumar

Faculty Publications

One of the most valuable—and disturbing—insights offered by public choice theory has been the recognition that wealthy, well-organized interests with narrow, intense preferences often dominate the legislative process while diffuse, unorganized interests go under-represented. Responding to this insight, legal scholars in the fields of statutory interpretation and administrative law have suggested that the solution to the problem of representational inequality lies with the courts. Indeed, over the past two decades, scholars in these fields have offered up a host of John Hart Ely-inspired representation reinforcing "canons of construction," designed to encourage judges to use their role as statutory interpreters to …

Queer Legal Victories: Intersectionality Revisited, Darren Rosenblum

Faculty Publications

(Excerpt)

In my 1995 article "Queer Intersectionality and the Failure of Lesbian and Gay ‘Victories,’” I merged queer and intersectionality theories to critique four lesbian and gay legal “victories.” I argued that queer identity intersected with other identity characteristics, yielding queer communities whose diverse needs reflect their various class, race, gender, and sex identifications. This intersectional perspective led me to view these decisions as victories for only a privileged subset of queer communities that, "but for" their gay or lesbian identity, conform to the "American dream" (De Lauretis 1991; Robson 1992). The United States' juridical heterosexism stifled the progressive potential …

Saving Money For Everyone: The Current Economic Crisis Is An Opportunity To Get Serious About Improving Juror Utilization, Paula Hannaford-Agor

Faculty Publications

The current economic crisis provides an opportunity for courts to improve juror utilization, potentially saving tens of thousands of dollars per year in unnecessary expenses incurred for unused jurors and hundreds of thousands of dollars in lost income and lost productivity incurred by jurors, their employers, and their communities.