Digital Commons Network^™

Doing Business In Indian Country: Introduction To American Indian Law Concepts Affecting Taxation, Erik M. Jensen

Faculty Publications

This article describes some of the issues that will affect whether national, state, and tribal governments can tax investors who do business, or who invest in doing business, within Indian country (a term generally meaning American Indian reservations, although it can be broader than that).

Absent treaty language or express statutory language to the contrary, tribal members are subject to federal taxes of general application, such as the income tax. The Internal Revenue Code does contain some specific provisions exempting certain sorts of income, such as that from fishing-rights related activities, from taxation. In general, nonmembers of a tribe who …

Possibilities For Collaborative Law: Ethics And Practice Of Lawyer Disqualification And Process Control In A New Model Of Lawyering, John M. Lande

Faculty Publications

This article assesses the possibilities for collaborative law (CL) to promote problem-solving negotiation and analyzes the operation and effect of the CL disqualification agreement (DA), which CL leaders hold as essential to the process. In CL, the lawyers and clients agree to negotiate from the outset of the case using a problem-solving approach. Under CL theory, the process creates a metaphorical "container" by using a DA disqualifying both lawyers from representing their clients if either party chooses to proceed in litigation. This article argues that much CL theory and practice is valuable, including protocols of early commitment to negotiation, interest-based …

The Authority Of A Court To Order Disgorgement For Violations Of The Current Good Manufacturing Practices Requirement Of The Federal Food, Drug, And Cosmetic Act, Erika Lietzan, Elizabeth M. Walsh

Faculty Publications

This article addresses the question as to whether a federal court has the authority to compel a pharmaceutical company to disgorge profits obtained from an alleged violation of the FDCA, specifically the failure of a pharmaceutical company to comply with current good manufacturing practices (GMPs). Section II of this article summarizes the article to which we are responding. In all fairness, it did not purport to be a full-blown defense, and we expect the agency's comprehensive defense of disgorgement would be considerably more detailed. Section III turns to the Sixth Circuit case on which FDA rests its argument for disgorgement, …

Sexual Harassment, Amy E. Street, Jane Stafford, Tamara A. Bruce

Faculty Publications

No abstract provided.

Two Rna Binding Proteins, Hen4 And Hua1 Act In The Processing Of Agamous Pre-Mrna In Arabidopsis Thaliana, Yulan Cheng, Naohiro Kato, Wenming Wang, Junjie Li, Xuemei Chen

Faculty Publications

AGAMOUS, a key player in floral morphogenesis, specifies reproductive organ identities and regulates the timely termination of stem cell fates in the floral meristem. Here, we report that strains carrying mutations in three genes, HUA1, HUA2, and HUA ENHANCER4 (HEN4), exhibit floral defects similar to those in agamous mutants: reproductive-to-perianth organ transformation and loss of floral determinacy. HEN4 codes for a K homology (KH) domain-containing, putative RNA binding protein that interacts with HUA1, a CCCH zinc finger RNA binding protein in the nucleus. We show that HUA1 binds AGAMOUS pre-mRNA in vitro and that HEN4, HUA1, and HUA2 act in …

Plasma Membrane Topology Of Syncytial Domains Of Herpes Simplex Virus Type 1 Glycoprotein K (Gk): The Ul20 Protein Enables Cell Surface Localization Of Gk But Not Gk-Mediated Cell-To-Cell Fusion, Timothy P. Foster, Xavier Alvarez, Konstantin G. Kousoulas

Faculty Publications

Most spontaneously occurring mutations that cause extensive herpes simplex virus type 1 (HSV-1)-induced cell fusion are single amino acid changes within glycoprotein K (gK). Despite the strong genetic association of gK with virus-induced cell fusion, its direct involvement in cellular membrane fusion has been controversial, largely due to previously unsuccessful efforts to detect gK expression on virion and cellular surfaces. Recently, we showed that gK is expressed on HSV-1 virions and functioned in virus entry (T. P. Foster, G. V. Rybachuk, and K. G. Kousoulas, J. Virol. 75:12431-12438, 2001). To determine whether gK is expressed on cellular surfaces, as well …

Natural Bovine Lentiviral Type 1 Infection In Holstein Dairy Cattle. I. Clinical, Serological, And Pathological Observations, T. G. Snider, B. F. Jenny, P. G. Hoyt, K. S. Coats, K. F. Graves, C. R. Cooper, R. W. Storts, D. G. Luther

Faculty Publications

Clinical, serological, and pathological abnormalities observed in Holstein cows naturally infected with bovine lentivirus 1 bovine immunodeficiency virus (BIV) and other infections were progressive and most commonly associated with weight loss, lymphoid system deficiency, and behavioral changes. Clinical evidence of meningoencephalitis was dullness, stupor, and occasional head or nose pressing postures. The polymerase chain reactions associated the BIV provirus with the lesions in the central nervous system and lymphoid tissues. Multiple concurrent infections developed in retrovirally infected cows undergoing normal stresses associated with parturition and lactation. A major functional correlate of the lymphoreticular alterations was the development of multiple secondary …

Allelic Heterogeneity In Line-1 Retrotransposition Activity, Sheila M. Lutz, Bethaney J. Vincent, Haig H. Kazazian, Mark A. Batzer, John V. Moran

Faculty Publications

De novo LINE-1 (long interspersed element-1, or L1) retrotransposition events are responsible for ∼1/1,000 disease-causing mutations in humans. Previously, L1.2 was identified as the likely progenitor of a mutagenic insertion in the factor VIII gene in a patient with hemophilia A. It subsequently was shown to be one of a small number of active L1s in the human genome. Here, we demonstrate that L1.2 is present at an intermediate insertion allele frequency in worldwide human populations and that common alleles (L1.2A and L1.2B) exhibit an ∼16-fold difference in their ability to retrotranspose in cultured human HeLa cells. Chimera analysis revealed …

Haplotypes In The Dystrophin Dna Segment Point To A Mosaic Origin Of Modern Human Diversity, Ewa Ziȩtkiewicz, Vania Yotova, Dominik Gehl, Tina Wambach, Isabel Arrieta, Mark Batzer, David E.C. Cole, Peter Hechtman, Feige Kaplan, David Modiano, Jean Paul Moisan, Roman Michalski, Damian Labuda

Faculty Publications

Although Africa has played a central role in human evolutionary history, certain studies have suggested that not all contemporary human genetic diversity is of recent African origin. We investigated 35 simple polymorphic sites and one Tn microsatellite in an 8-kb segment of the dystrophin gene. We found 86 haplotypes in 1,343 chromosomes from around the world. Although a classical out-of-Africa topology was observed in trees based on the variant frequencies, the tree of haplotype sequences reveals three lineages accounting for present-day diversity. The proportion of new recombinants and the diversity of the Tn microsatellite were used to estimate the age …

Effect Of Horn Fly (Haematobia Irritans) Control On Growth And Reproduction Of Beef Heifers, S. M. Derouen, L. D. Foil, A. J. Mackay, D. E. Franke, D. W. Sanson, W. E. Wyatt

Faculty Publications

The influence of horn fly control with commercially available ear tags was studied on beef replacement heifers (n = 670) for growth and reproductive performance. The study was conducted at five sites in Louisiana over 3 yr. Heifers used were yearling replacement females that were exposed to fertile bulls during a limited spring breeding season that coincided with the horn fly season. In mid to late May of each year, heifers were randomly assigned to one of two horn fly treatments: untreated and treated for horn fly control. The trial continued each year until September or October at the end …

The Sound Of Dust Settling: A Response To Residual Criticisms Of The Uma, Richard C. Reuben

Faculty Publications

The Uniform Mediation Act has gone to the states for consideration after about five years of research, drafting, and vetting, and ultimately, overwhelming support by the American Bar Association, the National Conference of Commissioners on Uniform State Laws, most major dispute resolution professional organizations and service providers, and many if not most leading dispute scholars. Despite this support, concerns about the UMA still continue to echo from its drafting. Professor Brian Shannon's criticisms largely echo these discussions, and in this article I seek to respond to some of them - after first extending my greatest appreciation to Professor Shannon for …

Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely

Faculty Publications

In a recent article,' Erwin Chemerinsky argues that the Supreme Court's constitutional law decisions of the 2002 Term "cannot be explained by any overarching theory or underlying set of interpretative principles." Instead, he argues, "constitutional law is all about value choices made by the Justices." Professor Chemerinsky also argues that given the current composition of the Court, "it is the value choices of the middle" - Justice O'Connor and Justice Kennedy - that matter the most. Professor Chemerinsky ends his article with the assertion that "[f]or better or worse, this really is the O'Connor Court." In reviewing the cases decided …

Diesel Exhaust Particles Exert Acute Effects On Airway Inflammation And Function In Murine Allergen Provocation Models, Minqi Hao, Stephania Comier, Meiying Wang, James J. Lee, Andre Nel

Faculty Publications

Background: Epidemiologic studies show that sudden surges in ambient particulate matter (PM) levels can trigger acute asthma exacerbations. Although diesel exhaust particles (DEPs) act as an adjuvant for allergic sensitization, this is a delayed response and does not explain acute PM effects on airway hyperreactivity (AHR). Objective: Our aim was to determine the acute effects of DEPs on AHR using a mouse model. Methods: Three protocols were developed, 2 of which require OVA sensitization, whereas the third was OVA independent. In the mild sensitization protocol BALB/c mice receive intraperitoneal OVA without alum and are then challenged with aerosolized OVA with …

A Genome-Wide Scan For Body Mass Index Among Nigerian Families, Adebowale Adeyemo, Amy Luke, Richard Cooper, Xiaodong Wu, Bamidele Tayo, Xiaofeng Zhu, Charles Rotimi, Nourdine Bouzekri, Ryk Ward

Faculty Publications

Objective: Interest in mapping genetic variants that are associated with obesity remains high because of the increasing prevalence of obesity and its complications worldwide. Data on genetic determinants of obesity in African populations are rare. Research Methods and Procedures: We have undertaken a genome-wide scan for body mass index (BMI) in 182 Nigerian families that included 769 individuals. Results: The prevalence of obesity was only 5%, yet polygenic heritability for BMI was in the expected range (0.46 ± 0.07). Tandem repeat markers (402) were typed across the genome with an average map density of 9 cM. Pedigree-based analysis using a …

Functionality Of Palm Oil As A Stabilizer In Peanut Butter, K. J. Aryana, A. V.A. Resurreccion, M. S. Chinnan, L. R. Beuchat

Faculty Publications

Studies have shown that palm oil is an effective stabilizer in peanut butter. The objective of our investigation was to better define the role of palm oil as a stabilizer. Peanut butters without and with palm oil added at concentrations of 1.5, 2.0, and 2.5% (w/w of peanuts), and Fix-X™ (hydrogenated rapeseed and cottonseed oils as commercial control) were stored at 0, 21, 30, and 45°C for 23 wk. Palm oil improved the oil holding capacity (OHC) of peanut butters, but had no effect on their adhesiveness and hardness characteristics. The unstabilized and palm oil-stabilized peanut butters were not as …

Deterrents To Participation In Parenting Education, Debora C. Johnson, Betty C. Harrison, Michael F. Burnett, Peter Emerson

Faculty Publications

The purpose of this study was to determine the deterrents to participation by adults in parenting education programs. The objectives were (a) to describe parents with children in selected day care facilities on selected sociodemographic characteristics, (b) to determine factors that deterred those parents from participating in parenting education, and (c) to determine if there was a relationship between selected sociodemographic characteristics and the parents' participation in parenting education programs. A simple random sample of parents was drawn from the accessible population. Factor analysis revealed five factors that deterred this population from participating in parenting education: Lack of Confidence, Lack …

A Regional Comparison Of Us Homeowner Perceptions About Treated Wood, Ben N. Donkor, Sanna Kallioranta, Richard P. Vlosky, Todd F. Shupe

Faculty Publications

This study examines United States homeowner perceptions about treated wood products. Regional differences were measured across a number of themes including overall perceptions about treated wood, treated wood relative to alternative building materials, and safety issues. Respondents in the South had the most positive perception of treated wood. The most significant health concerns were related to arsenic and chromium in preservative treatments with no differences across regions. Overall, there is not a strong aversion to using treated wood products per se although the perception of health risks exists.

Developing A User-Process Model For Designing Menu-Based Interfaces: An Exploratory Study, Boryung Ju, Myke Gluck

Faculty Publications

The purpose of this study was to organize menu items based on a user-process model and implement a new version of current software for enhancing usability of interfaces. Dervin & Nilan's time-line method is used to develop a user-process model for user interface design. We developed a user process model drawn from actual users' understanding of their goals and strategies to solve their information needs by using Dervin's Sense-Making Theory with sense-making interviews. Six experienced subjects were recruited for the sense-making interviews. Each subject went through a learning/exploration session, and was asked to recall and describe specific information needs throughout …

Foreword: Federal-State Conflicts In Health Care, Joan H. Krause

Faculty Publications

No abstract provided.

A Conceptual Model Of Health Care Fraud Enforcement, Joan H. Krause

Faculty Publications

No abstract provided.

Forcible Arms Control: Preemptive Attacks On Nuclear Facilities, David Sloss

Faculty Publications

No abstract provided.

Where's The Beef? Dissecting Spam's Purported Harms, Eric Goldman

Faculty Publications

Virtually everyone seems to agree that spam causes tremendous harm, but there is surprisingly little consensus on exactly what those harms are. This Essay examines various harms that spam purportedly causes to assess if the harm is real and if spam is treated dichotomously compared to other media communications. Based on this analysis, the Essay concludes that many harms purportedly caused by spam are not appropriate policy justifications for regulation.

Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román

Faculty Publications

The Sixth Annual LatCrit Conference (LatCrit VI) titled "Latinas/os and the Americas: Centering North-South Frameworks in LatCrit Theory," was the latest installment of the leading progressive scholarly movement addressing nonwhite critical jurisprudence.3 The goals of the conference were to explore the ties that bind Latinas/os residing in the United States to their homeland's societies and cultures, and to examine the impact of globalization on critical jurisprudential discourse.4 The conference was attended predominately by straight and gay law professors of color, including Latinas/os, African Americans, Asian Americans, and indigenous persons, most of whom describe themselves as LatCrits or more whimsically, LatCritters. …

Reliability And The Admissibility Of Experts, Dale A. Nance

Faculty Publications

Modern law on expert testimony insists, as a condition of admissibility, that the asserted expertise be determined by the trial judge to be reliable. Reliability is usually characterized as a dichotomous attribute of evidence, as if expertise were either reliable or unreliable. This article argues that making progress in the development of meaningful and appropriate restrictions on the admissibility of expert testimony requires that we abandon this conceptualization and understand the implications of endorsing a gradational notion of reliability in which evidence can be more or less reliable and in which a comparative assessment of reliability is prominent. Consistent with …

Corrective Justice And Title I Of The Ada, Sharona Hoffman

Faculty Publications

Several recent studies have shown that employment discrimination plaintiffs filing lawsuits in federal court under Title I of the Americans with Disabilities Act (ADA) win only approximately five percent of their cases. This Article argues that this phenomenon is attributable at least in part to the ADA's very flawed definition of the term "disability." It suggests that the current definition be abandoned and that a new approach be adopted, one that would reshape the ADA's protected class so that it more closely resembles a discrete and insular minority, such as those traditionally protected by the civil rights laws. While Title …

Adult Female Rats Defend "Appropriate" Energy Intake After Adaptation To Dietary Energy, Heli J. Roy, Michael J. Keenan, Erika Zablah-Pimentel, Maren Hegsted, Lisa Bulot, Carol E. O'Neil, L. Dwain Bunting, J. Marcos Fernandez

Faculty Publications

Objective: To determine if adult female rats adapt to lower and higher dietary energy density. Research Methods and Procedures: Study 1 compared high-fat (56%), high-energy density (HD) (21.6 kJ/g) and high-fat (56%), low-energy density (LD) (16.0 kJ/g) diets before surgery (two groups, 2 weeks, n = 16) and after surgery [ovariectomy (O) Sham (S); 2 X 2 factorial, n = 8; 6 weeks]. The second study (no surgery) compared high-fat (60.0%), high-energy (22.0 kJ/g) and low-fat (10.0%), low-energy (15.1 kJ/g) diets (n = 8). Results: In study 1, food intake was similar for the first 2 weeks, but rats on …

Testimony In Support Of The Congaree National Park Act Of 2003, William L. Graf

Faculty Publications

No abstract provided.

Search For Resonance Decays To Lepton+Jet At Desy Hera And Limits On Leptoquarks, S. Chekanov, M. Derrick, D. Krakauer, J. H. Loizides, S. Magill, B. Musgrave, J. Repond, R. Yoshida, Margarita C. K. Mattingly, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, L. Cifarelli, F. Cindolo, A. Contin, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, A. Margotti, R. Nania, F. Palmonari, A. Pesci, G. Sartorelli, A. Zichichi, G. Aghuzumtsyan

Faculty Publications

A search for narrow-width resonances that decay into electron+jet or neutrino+jet has been performed with the ZEUS detector at the DESY ep collider HERA operating at center-of-mass energies of 300 and 318 GeV. An integrated e+p luminosity of 114.8 pb-1 and e-p luminosity of 16.7 pb-1 were used. No evidence for any resonance was found. Limits were derived on the Yukawa coupling λ as a function of the mass of a hypothetical resonance that has arbitrary decay branching ratios into eq or vq. These limits also apply to squarks predicted by R-parity-violating supersymmetry. Limits for the production of leptoquarks described …

Effects Of Concurrent Motor, Linguistic, Or Cognitive Tasks On Speech Motor Performance, Christopher Dromey, April Benson

Faculty Publications

This study examined the influence of 3 different types of concurrent tasks on speech motor performance. The goal was to uncover potential differences in speech movements relating to the nature of the secondary task. Twenty young adults repeated sentences either with or without simultaneous distractor activities. These distractions included a motor task (putting together washers, nuts, and bolts), a linguistic task (generating verbs from nouns), and a cognitive task(performing mental arithmetic). Lip movement data collected during the experimental conditions revealed decreases in displacement and velocity during the motor task. The linguistic and cognitive tasks were associated with increased spatiotemporal variability …

An Imaging System Correlating Lip Shapes With Tongue Contact Patterns For Speech Pathology Research, Christopher Dromey, Daniel Bates, Xiaoqian Xu, Sameer Antani, D J. Lee

Faculty Publications

In this research, an imaging system was built to work with a newly developed electronic device to help people produce sounds correctly. The system consists of two parts, the internal tongue contact pattern data collection and the external lip shape information analysis. The tongue position information was gathered using the palatometer, an innovative tongue contact pattern-tracking device invented by Dr. Samuel Fletcher. The lip shape information was collected by processing images taken from people articulating different sounds. We developed an efficient color image segmentation technique to extract lip contour points and form a closed curve for shape analysis. The geometry …