Digital Commons Network^™

Can The Fut 2 Gene Variant Have An Effect On The Body Weight Of Patients Undergoing Bariatric Surgery? - Preliminary, Exploratory Study, Natalia Komorniak, Alexandra Martynova-Van Kley, Armen Nalian, Wiktoria Wardziukiewicz, Karolina Skoniecznaa-Zydecka, Daniel Styburski, Joanna Palma, Bartosz Kowalewski, Krzysztof Kaseja, Ewa Stachowska

Faculty Publications

Background: The FUT2 gene (Se gene) encoding the enzyme α-1,2-L-fucosyltransferase 2 seems to have a significant effect on the number and type of bacteria colonizing the intestines. Methods: In a group of 19 patients after bariatric surgery, the polymorphism (rs601338) of FUT2 gene was analyzed in combination with body mass reduction, intestinal microbiome (16S RNA sequencing), and short chain fatty acids (SCFA) measurements in stools. Results: Among the secretors (Se/Se polymorphism of the FUT2 gene rs601338, carriers of GG variant), correlations between waist-hip ratio (WHR) and propionate content and an increase in Prevotella, Escherichia, Shigella, and Bacteroides were observed. On …

Glencore I: Adopting Stabilization Clauses In Investment Contracts And Seeking Non-Pecuniary Remedies In Investment Arbitration Still Makes Sense Glencore International A.G. And C.I. Prodeco S.A. V. Republic Of Colombia (Icsid, Case No. Arb/16/6), Gilberto A. Guerrero-Rocca

Faculty Publications

No abstract provided.

Why The Dea & Not The Fda? Revisiting The Regulation Of Potentially Addictive Substances, Taleed El-Sabawi

Faculty Publications

In addressing the opioid overdose crisis, Congress has explicitly questioned its historic reliance on a criminal justice approach to problem drug use and has instead adopted a more health-oriented approach. Despite Congress' rhetoric, the DEA, a criminal justice agency, continues to retain the power to make key decisions on the classification of potentially-addictive substances, thereby affecting their manufacture, distribution, and overall availability. While the DEA is statutorily required to defer to the Food and Drug Administration (“FDA”), a public health agency, at junctions of the decision-making process, the current “split enforcement” scheme laid out in the statutes has not actualized …

Evaluation Of Global Health Capacity Building Initiatives In Low-And Middle-Income Countries: A Systematic Review, Hady Naal, Maria El Koussa, Melissa El Hamouch, Layal Hneiny, Shadi Saeh

Faculty Publications

Background Low- and middle-income countries (LMICs) are in dire need to improve their health outcomes. Although Global Health Capacity Building (GHCB) initiatives are recommended approaches, they risk being ineffective in the absence of standardized evaluation methods. This study systematically reviews evaluation approaches for GHCB initiatives in LMICs. Methods We searched the Medline (OVID), PubMed, Scopus, and Embase.com databases for studies reporting evaluation of a GHCB initiative in a LMIC from January 1, 2009 until August 15, 2019. To differentiate them from intervention, prevention, and awareness initiatives, included articles reported at least one approach to evaluate their learning modality. We excluded …

Review Of Serving The Amish: A Cultural Guide For Professionals By James A. Cates, Carol A. Leibiger

Faculty Publications

No abstract provided.

Specialty Drugs And The Health Care Cost Crisis, Sharona Hoffman, Isaac D. Buck

Faculty Publications

Specialty drugs, often dispensed by specialty pharmacies, are among the most expensive drugs on the market. They are significant contributors to the American health care cost problem, but in many ways they escape public and regulatory scrutiny. Surprisingly, medications are designated as specialty drugs by pharmacy benefit managers (PBMs), entities that are part of the insurance industry, rather than by the Food and Drug Administration or medical authorities.

Specialty drugs have thus far received little attention in the legal literature. Yet, they raise important legal and regulatory questions. For example, there are no federal government rules (and only a handful …

The Environmental Protection Agency Turns Fifty, Jonathan Adler

Faculty Publications

In anticipation of the fiftieth anniversary of the EPA’s founding, the Coleman P. Burke Center for Environmental Law and the Case Western Reserve Law Review sponsored a symposium to look at the past, present, and future of the EPA. The conference featured an array of environmental-law and -policy experts, including individuals who served in environmental-policy positions in each of the last four presidential administrations, as well as the current EPA Administrator, Andrew Wheeler.

This article is an introduction for the articles from this conference that are published in this special symposium issue of the law review.

Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill

Faculty Publications

During the COVID-19 pandemic, several states adopted orders temporarily suspending elective surgeries and procedures. A subset of those states moved to limit abortions under those orders, provoking emergency litigation to keep abortion clinics open and functioning. No similar lawsuits have been necessary to protect access to other time-sensitive medical procedures. So why was abortion singled out for disparate treatment?

This Essay provides an overview of the litigation that ensued in the wake of some states’ attempts to limit abortion access under the authority of executive orders banning non-essential or elective procedures. It argues that abortion was singled out in two …

Reconsidering Hostile Takeover Of Religious Organizations, B. Jessie Hill

Faculty Publications

Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. Whether this appraisal is accurate or not, it reflects concern about the associational integrity of a voluntary private organization—the Republican Party—and it suggests that some forms of organizational transformation are problematic. Moreover, the same concern might arise regarding other private associations, including religious associations. Yet, given that some transformation is inevitable and universal within religious and other voluntary organizations, it would be unwarranted to assume that all change within a religious organization is necessarily problematic.

This Article …

A New State Registration Act: Legislating A Longer Arm For Personal Jurisdiction, Charles W. (Rocky) Rhodes, Cassandra Burke Robertson

Faculty Publications

In a sextet of recent decisions, the Roberts Court upended the longstanding framework for general and specific contacts-based personal jurisdiction. The Court's new approach has engendered uncertainty and erected insurmountable obstacles for some plaintiffs in locating an effective forum to vindicate their rights. We propose a novel solution to the injustices and unpredictability unleashed by these decisions: a new model corporate registration act that would require, as a condition of doing business in a state, the corporation's consent to personal jurisdiction in defined circumstances that implicate state sovereign regulatory, protective, and prescriptive interests.

Registration-based consent to jurisdiction has a long …

Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions And Precedent, Howard Wasserman

Faculty Publications

Battle lines are drawn on the permissibility and validity of injunctions in federal constitutional litigation purporting to halt government enforcement of a challenged law against all possible targets of that law and to protect all rights holders against enforcement. Courts, members of the Supreme Court, and legal scholars are divided — some supporting and others rejecting them as impermissible.; I have staked my position in the latter camp.

From that starting point, this paper considers three subsidiary issues: 1) the proper label for these injunctions, arguing that “universal” or “non-particularized” is a more accurate term than the prevailing “nationwide”; 2) …

"Family Values Don't Stop At The Rio Grande..." : Can The Republican Party Convert Hispanic Voters?, Donald Davison

Faculty Publications

As the Hispanic community becomes increasingly important in American politics there are competing views about whether they can be converted to the Republican Party. One perspective argues that Hispanics’ religion and traditional social values makes them natural constituents of the Republican Party. Alternatively, Hispanics are primarily concerned about issues promoting their well-being, while topics such as moral values or religion are private. I use a novel approach to test whether traditional social values might attract Hispanic voters to the Republican Party. Using exit poll results for ballot propositions on moral issues from Arizona, Colorado, and Florida I find weak evidence …

Common Intellectual Experiences And Academic Libraries, Susan Montgomery, Jonathan H. Harwell

Faculty Publications

As discussed throughout this volume, colleges and universities have explored ways to integrate high-impact practices into their campus learning. At Rollins College, a small liberal arts college with a graduate business school in Winter Park, Florida, faculty members have been essential in fostering initiatives that center on creating a common learning experience for their students. As library faculty members at Rollins, we have been heavily involved with the rFLA (Rollins Foundations in the Liberal Arts) curriculum for undergraduates. This chapter presents our work as a case study.

Integration Of Citygreen Landscape Ecological Analysis Into A Capstone Environmental Science Course, David L. Kulhavy, Daniel R. Unger, Reid Viegut, I-Kuai Hung, Yanli Zhang

Faculty Publications

CITYgreen Geographic Information Systems software was used to develop a campus wide cover type map for Stephen F. Austin State University in an environmental science landscape ecology course. The finding indicated an equal division of forest cover type compared to impervious surface of buildings and paved surface. Once the classification was completed, students chose an area for reforestation identified in CITYgreen, while raising funds for the purchase of trees for the project. Before completing the project, students reviewed tenets of landscape ecology, civic ecology education, and benefits of urban forestry. At the completion of the project, students reviewed service-learning aspects …

Covid-19 In Indigenous Communities: Five Protective Factors Of “Exercising” Sovereignty, Kelsey Leonard, Natalie Welch, Alisse Ali-Joseph

Faculty Publications

Indigenous Peoples have an inherent responsibility and right to “exercising” sovereignty - the practice of sport and physical activity in performance of our cultural, political, and spiritual citizenship (Ali-Joseph 2018). During the COVID-19 pandemic, access to and equity (inequity) in sport and physical activity has been felt (physically, spiritually, politically) within Indigenous communities. We implement an abundance-based Indigenous approach to understanding Indigenous Peoples’ responses to the coronavirus pandemic through sport and its far-reaching ramifications in Indian Country. In response to the COVID-19 pandemic we have seen Indigenous Peoples utilize social media such as Facebook and TikTok to reimagine Indigenous sport …

Big Data And Its Visualization With Fog Computing, Richard S. Segall, Gao Niu

Faculty Publications

Big Data is data sets that are so voluminous and complex that traditional data processing application software are inadequate to deal with them. This article discusses what is Big Data, and its characteristics, and how this information revolution of Big Data is transforming our lives and the new technology and methodologies that have been developed to process data of these huge dimensionalities. Big Data can be discrete or a continuous stream of data, and can be accessed using many types and kinds of computing devices ranging from supercomputers, personal work stations, to mobile devices and tablets. Discussion is presented of …

Open Source Software (Oss) For Big Data, Richard S. Segall

Faculty Publications

This chapter discusses Open Source Software and associated technologies for the processing of Big Data. This includes discussions of Hadoop-related projects, the current top open source data tools and frameworks such as SMACK that is acronym for open source technologies Spark, Mesos, Akka, Cassandra, and Kafka that together compose the ingestion, aggregation, analysis, and storage layers for Big Data processing. Tabular summaries and categories for 38 Open Source Statistical Software (OSSS) are provided that include for each listing of features and URLs for free downloads. The current challenges of Big Data and Open Source Software are also discussed.

Anthropogenic, Direct Pressures On Coastal Wetlands, A Newton, J Icely, S Cristina, G M. Perillo, A Newton, D Ashan, S Cragg, Y M. Luo, C Tu, Y Li, H B. Zhang, R Ramesh, D L. Forbes, C Solidoro, B Bejaoui, S Gao, R Pastres, H Kelsey, D Taillie, N Nhan, A C. Brito, L I. De, K U. R, C

Faculty Publications

Coastal wetlands, such as saltmarshes and mangroves that fringe transitional waters, deliver important ecosystem services that support human development. Coastal wetlands are complex social-ecological systems that occur at all latitudes, from polar regions to the tropics. This overview covers wetlands in five continents. The wetlands are of varying size, catchment size, human population and stages of economic development. Economic sectors and activities in and around the coastal wetlands and their catchments exert multiple, direct pressures. These pressures affect the state of the wetland environment, ecology and valuable ecosystem services. All the coastal wetlands were found to be affected in some …

Soil Shear Strength Losses In Two Fresh Marshes With Variable Increases In N And P Loading, R. Eugene Turner, Christopher Swarzenski, James E. Bodker

Faculty Publications

We measured soil shear strength (SSS) from 2009 to 2018 in two hydrologically distinct freshwater marshes dominated by Panicum hemitomon after nitrogen (N) and phosphorous (P) were applied to the surface in spring. The SSS averaged over 100-cm depth in the floating and anchored marshes declined up to 30% throughout the profiles and with no apparent differences in the effects of the low, medium, and high N + P dosing. Plots with only N or P additions exhibited significant changes in SSS at individual depths below 40 cm for the anchored marsh, but not the floating marsh. The average SSS …

Historical Shifts In Benthic Infaunal Diversity In The Northern Gulf Of Mexico Since The Appearance Of Seasonally Severe Hypoxia, N.N. Rabalais, M.M. Baustian

Faculty Publications

No abstract provided.

Prosodic Elements For Content Delivery In Broadcast Journalism: A Quantitative Study Of Vocal Pitch, Shawn L. Nissen, Quint B. Randle, Jared L. Johnson, Jenny Lynes

Faculty Publications

Individuals verbally express meaning not only through speech sounds and words but also prosodically through the pitch, loudness, and tempo of their voice. Through a quantitative analysis, this exploratory study examined the prosodic elements of mean pitch, pitch variability, and pitch range in a sample of 450 voice-overs and throws from 90 male and female broadcast reporters and anchors from larger markets across the United States. Findings indicate that compared to typical speakers in the general population, male broadcasters actually speak with an elevated mean pitch, more pitch variability, and use more range. However, female broadcasters were found to speak …

What Is Open Source Software (Oss) And What Is Big Data?, Richard S. Segall

Faculty Publications

This chapter discusses what Open Source Software is and its relationship to Big Data and how it differs from other types of software and its software development cycle. Open source software (OSS) is a type of computer software in which source code is released under a license in which the copyright holder grants users the rights to study, change, and distribute the software to anyone and for any purpose. Big Data are data sets that are so voluminous and complex that traditional data processing application software are inadequate to deal with them. Big data can be discrete or a continuous …

Effects Of Facial Features And Styling Elements On Perceptions Of Competence, Warmth, And Hireability Of Male Professionals, Marc Fetscherin, Stacey Tantleff-Dunn, Arne Klumb

Faculty Publications

Few studies investigated the effects of facial characteristics on stereotyping in the business context. Using a 2 (beard/no beard) x 2 (acne/no acne) x 2 (tie/no tie) x 2 (eyeglasses/no eyeglasses) between subjects’ design, two representative samples of 364 and 711 participants rated different stimuli of male subjects on dimensions of competence, warmth and hireability. Based on 4,215 observations, results show acne has a negative and eyeglasses a positive effect on both competence and warmth. Wearing a necktie has a positive effect on competence and a negative effect on warmth. Finally, beardedness has a negative effect on warmth. We also …

Legislative History In The Modern Congress, Jesse M. Cross

Faculty Publications

A central debate in the field of legislation has asked: how reliable are the different types of legislative history? Yet there has been no understanding, throughout this debate, of who inside Congress drafts this legislative history. This is surprising, given the common intuition that authorship is a key indicator of reliability.

In response, this Article presents the results of an original empirical study—one that illuminates this unknown dimension of Congress, uncovering the actors and processes that produce modern legislative history. For this study, the author conducted interviews with congressional staffers drawn from both parties, both chambers of Congress, and numerous …

Why States Must Consider Innocence Claims After Guilty Pleas, Colin Miller

Faculty Publications

The first DNA exoneree in this country was a man with a sub-70 IQ who pleaded guilty to avoid the death penalty, and a total of 139 out of 315 (44.1%) DNA and non-DNA exonerees in 2015 and 2016 had been convicted after guilty pleas. Nonetheless, a number of states have pleading defendant prohibitions in their postconviction statutes that preclude defendants who pleaded guilty from (1) seeking DNA testing; and/or (2) presenting freestanding claims of actual innocence based on non-DNA evidence. Existing Constitutional challenges to these statutes have been largely foreclosed by the Supreme Court’s opinion in District Attorney’s Office …

Of American Fragility: Public Rituals, Human Rights, And The End Of Invisible Man, Etienne C. Toussaint

Faculty Publications

The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services, educational resources, housing stability, environmental security, stable and living wage jobs, generational wealth, and other institutional structures necessary for resilience. Second, government-mandated social distancing in response to the coronavirus has failed to dampen America’s racially biased, violent, and supervisory policing culture, reigniting demands from the Movement for Black Lives for police …

Mother-Child Dyadic Influences Of Affect On Everyday Movement Behaviors: Evidence From An Ecological Momentary Assessment Study, Chih-Hsiang Yang, Jimi Huh, Tyler B. Mason, Britni R. Belcher, Martina Kanning, Genevieve F. Dunton

Faculty Publications

Background

Research has shown that affect is associated with everyday movement behaviors in children and adults. However, limited work to date has investigated dyadic influences of momentary affect on moderate-to-vigorous physical activity (MVPA) and sedentary time among children and their mothers using ecological momentary assessment (EMA).

Methods

Mothers and their children (eight to 12-years-old at baseline) from the Los Angeles metropolitan area participated in a longitudinal study with six semi-annual measurement waves across three years. During each measurement wave, mothers and children reported momentary negative and positive affect via a custom smartphone-based EMA application across seven days (randomly sampled up …

Vitamin D3 Supplementation And Stress Fractures In High-Risk Collegiate Athletes - A Pilot Study, Kevin Williams, Christian Askew, Christopher Mazoue, Jeffrey Guy, Toni M. Torres-Mcgehee, J Benjamin Jackson Iii

Faculty Publications

INTRODUCTION: Vitamin D is paramount to bone health and little is known about vitamin D's role in the prevention of stress fractures in high-risk athletes. This study consists of a prospective, cross-sectional analysis accompanied by a retrospective review for control comparison of vitamin D3 supplementation in high-risk athletes. Our hypothesis is that supplemental vitamin D3 treatment will decrease the occurrence of stress fractures in high-risk collegiate athletes. MATERIALS AND METHODS: A total of 118 NCAA Division I athletes were recruited from 6 high-risk collegiate teams. Blood draws in August and February established baseline 25(OH)D levels. Subjects with serum 25(OH)D <30 ng/mL were supplemented with 50,000 IU of vitamin D3/week for 8 weeks. Treated subjects were re-tested to ensure serum 25(OH)D levels rose to sufficient status. All enrolled subjects were monitored for the development of stress fractures. A 5-year retrospective chart review of athletes from the same sports teams was conducted to determine the incidence of any reported stress fractures in the past. RESULTS: Prospective: 112 of the 118 enrolled subjects were tested in August. Sixty-one demonstrated vitamin D sufficiency (40.2 ng/mL ±8.28) and 51 were either insufficient or deficient (22.7 ng/mL ±4.89). Of the 118 enrolled subjects, 104 were tested in February. Fifty-six demonstrated vitamin D sufficiency (40.7 ng/mL ±9.47) and 48 were insufficient or deficient (21.6 ng/mL ±5.87). Two stress fractures were diagnosed amongst our cohort of 118 student athletes (1.69%). Retrospective: 34 stress fractures were diagnosed in 453 subjects from 01/2010-05/2015 (7.51%). Amongst our athletic teams, the cross-country team specifically demonstrated a statistically significant decrease in stress fracture incidence (p<0.05). We also found a statistically significant reduction in stress fracture incidence amongst the current overall cohort compared to our retrospective cohort (p<0.05). CONCLUSION: In our population, almost half of the tested athletes proved to be vitamin D deficient. Hypovitaminosis D was prevalent throughout the winter months compared with the summer. With vitamin D3 supplementation, the stress fracture rate in our overall cohort demonstrated a statistically significant decrease from 7.51% to 1.65% (p=0.009).

Word Limited: An Empirical Analysis Of The Relationship Between The Length, Resiliency, And Impact Of Federal Regulations, Anthony Moffa

Faculty Publications

Since the rise of the modern administrative state we have seen a demonstrable trend towards lengthier regulations. However, popular critiques of the administrative state that focus on the overall size of the Federal Register are misguided. They rest on the premise that more, and longer, regulations unduly burden industry and the economy in general. However, movement towards lengthier and more detailed regulations could be rational and largely unproblematic. This study tests two potential rational explanations for the trend towards longer regulations: dubbed (1) “the insulation hypothesis” and (2) “the socially beneficial hypothesis.” Each of these explanations embodies a theoretically rational …

Our Federalism On Drugs, Jonathan Adler

Faculty Publications

Over the past decade, voters and legislatures have moved to legalize the possession of marijuana under state law. Some have limited these reforms to the medicinal use of marijuana, while others have not. Despite these reforms marijuana remains illegal under federal law. Although the Justice Department has not sought to preempt or displace state-level reforms, the federal prohibition casts a long shadow across state-level legalization efforts. This federal-state conflict presents multiple important and challenging policy questions that often get overlooked in policy debates over whether to legalize marijuana for medical or recreational purposes. Yet in a “compound republic” like the …