Digital Commons Network^™

Erasing Boundaries: Inter-School Collaboration And Its Pedagogical Opportunities, David I.C. Thomson, Ian Gallacher, Amy R. Stein, Robin Boyle

Faculty Publications

(Excerpt)

This article, based on a presentation that we gave at the AALS conference in New York in January of 2014, suggests that technology opens up new possibilities for law schools by allowing students from different schools to participate in complex inter-school simulations that can, if carefully prepared, teach important lessons about lawyering skills, behavior, and provide rich opportunities for the development of professional identity. It can, in short, deepen and enrich the experiential learning opportunities that law schools offer. The article does not propose that law school faculty should teach or grade students from another school, but that the …

The Conflict Of Visions In Nfib V. Sebelius, Jonathan H. Adler

Faculty Publications

In 2010, few anticipated the fate of healthcare reform would rest with the Supreme Court. Yet National Federation of Independent Business v. Sebelius [hereinafter NFIB] emerged as a watershed case that could remake the constitutional landscape. NFIB presented a conflict between two constitutional visions of federal power and the role of the courts in policing such limits--an unconstrained vision, under which limits on federal power are enforced primarily through the political process, and a constrained vision, under which constitutional limits on federal power are enforced by the courts. The contrasting views of the constitutionality of the individual mandate and …

A Developmental Perspective For Promoting Theory Of Mind, Lee Robinson

Faculty Publications

Social neuroscience research has resulted in changing views of the theory of mind (ToM) construct. Theory of mind is no longer viewed as a unitary construct, but rather as a multidimensional construct comprising cognitive and affective ToM and interpersonal and intrapersonal ToM, each of which has differing neurophysiological/neuroanatomical foundations and behavioral manifestations. Clinicians working with persons with social communication/pragmatic communication disorders should consider evaluating these dimensions of ToM and the cognitive, social–emotional, and language components underlying them. Then they might use this information to develop a ToM profile for each client so they are better able to implement specific intervention …

Are State Tax Amnesty Programs Associated With Financial Reporting Irregularities?, Neal Buckwalter, Nathan Y. Sharp, Jaron H. Wilde, David A. Wood

Faculty Publications

No abstract provided.

Peer Effects In Risk Aversion And Trust, Kenneth R. Ahern, Ran Duchin, Tyler Shumway

Faculty Publications

Existing evidence shows that risk aversion and trust are largely determined by environmental factors. We test whether one such factor is peer influence. Using random assignment of MBA students to peer groups and predetermined survey responses of economic attitudes, we find causal evidence of positive peer effects in risk aversion and no effects in trust. After the first year of the MBA program, the difference between an individual and her peers' average risk aversion is only 41% as large as the difference was before starting the MBA. Finding no peer effects in trust is consistent with recent research showing that …

The Father Of Black Adventism, Trevor O'Reggio

Faculty Publications

No abstract provided.

Do University Patents Pay Off?: Evidence From A Survey Of University Inventors In Computer Science And Electrical Engineering, Brian Love

Faculty Publications

Studies of the costs and benefits of university patent ownership have, to date, focused on life sciences technology. Increasingly, however, many of the most lucrative university-owned patents relate to computing and telecommunications, not genes or pharmaceuticals. In 2007, a University of California spin-off named Eolas settled a patent suit with Microsoft for $100 million. In 2010, Cornell University won a $184 million jury verdict against Hewlett-Packard in a case that later settled on confidential terms. And most recently, in 2014, Carnegie Mellon University received a $1.5 billion judgment — one of the largest patent damages awards in history — in …

Redesigning Sentencing, W. David Ball

Faculty Publications

Design thinking purports to take the methods of industrial and product design and apply them to social and political problems. One particularly intractable problem in California is its bloated penal code, which has expanded almost continuously over the past forty years. Since 1983, more than a dozen bills have been introduced in the CaliforniaLegislature to establish a sentencing commission. All have failed. In this paper I explore how design thinking might help frame our discussion of mass incarceration in general and sentencing commissions in particular:what kinds of changes are possible within the foreseeable future, how wecan make any changes sustainable, …

Practicing Social Justice Feminism In The Classroom, Stephanie M. Wildman

Faculty Publications

No abstract provided.

The Futility Of Tax Protester Arguments, Allen Madison

Faculty Publications

Tax protesters offer uncommonly silly arguments in support of their positions -- so silly, in fact, that courts commonly refuse to address them, lest those arguments be given any credence. Yet the wave of tax protester arguments has not ebbed, and tax protesters continue to challenge, for example, the legal obligation to pay taxes, the constitutionality of the income tax, and the authority of the IRS to enforce the tax laws. Maybe some education will help solve this problem. This Article provides a framework for analyzing tax protester arguments through a civics discussion and explains why tax protester arguments fail …

The Incidental Regulation Of Policing, Seth W. Stoughton

Faculty Publications

What do the laws governing municipal annexation, collective bargaining, and race-conscious employment decisions have in common? Each plays a significant and under-appreciated role in shaping local law enforcement practices even though each, on its face, has nothing to do with policing.

This Article explores the incidental regulation of policing, illustrating the concept with examples from different areas of state and federal law. Many legal decisions happen to include police as constituents of a broader regulatory ambit, and thus are not intended to have any particular effect on the unique functions of policing. Nevertheless, these laws have profound ramifications for police …

Design, Fabrication, And Properties Of 2-2 Connectivity Cement/Polymer Based Piezoelectric Composites With Varied Piezoelectric Phase Distribution, Xu Dongyu, Cheng Xin, Sourav Banerjee, Huang Shifeng

Faculty Publications

The laminated 2-2 connectivity cement/polymer based piezoelectric composites with variedpiezoelectric phase distribution were fabricated by employing Lead Zirconium Titanate ceramicas active phase, and mixture of cement powder, epoxy resin, and hardener as matrix phase with a mass proportion of 4:4:1. The dielectric, piezoelectric, and electromechanical coupling properties of the composites were studied. The composites with large total volume fraction ofpiezoelectric phase have large piezoelectric strain constant and relative permittivity, and thepiezoelectric and dielectric properties of the composites are independent of the dimensional variations of the piezoelectric ceramic layer. The composites with small total volume fraction of piezoelectric phase have large …

Conformational Changes And Translocation Of Tissue-Transglutaminase To The Plasma Membranes: Role In Cancer Cell Migration, Ambrish Kumar, Jianjun Hu, Holly A. Lavoie, Kenneth B. Walsh, Donald J. Dipette, Ugra S. Singh

Faculty Publications

Background

Tissue-transglutaminase (TG2), a dual function G-protein, plays key roles in cell differentiation and migration. In our previous studies we reported the mechanism of TG2-induced cell differentiation. In present study, we explored the mechanism of how TG2 may be involved in cell migration.

Methods

To study the mechanism of TG2-mediated cell migration, we used neuroblastoma cells (SH-SY5Y) which do not express TG2, neuroblastoma cells expressing exogenous TG2 (SHY_TG2), and pancreatic cancer cells which express high levels of endogenous TG2. Resveratrol, a natural compound previously shown to inhibit neuroblastoma and pancreatic cancer in the animal models, was utilized to …

An Insight Into The Microbiome Of The Amblyomma Maculatum(Acari: Ixodidae), Khemraj Budachetri, Rebecca E. Browning, Steven W. Adamson, Scot E. Dowd, Chien-Chung Chao, Wei-Mei Ching, Shahid Karim

Faculty Publications

The aim of this study was to survey the bacterial diversity of Amblyomma maculatum Koch, 1844, and characterize its infection with Rickettsia parkeri. Pyrosequencing of the bacterial 16S rRNA was used to determine the total bacterial population in A. maculatum. Pyrosequencing analysis identified Rickettsia in A. maculatum midguts, salivary glands, and saliva, which indicates successful trafficking in the arthropod vector. The identity of Rickettsia spp. was determined based on sequencing the rickettsial outer membrane protein A (rompA) gene. The sequence homology search revealed the presence of R. parkeri, Rickettsia amblyommii, and Rickettsia endosymbiont of …

Written Notice Of Cooling-Off Periods: A Forty-Year Natural Experiment In Illusory Consumer Protection And The Relative Effectiveness Of Oral And Written Disclosures, Jeff Sovern

Faculty Publications

For more than forty years, a standard tool in the consumer protection toolbox has been the cooling-off period. Federal statutes, state statutes, and federal regulations all oblige merchants to give consumers three days to rescind certain contracts. This paper reports on a survey of businesses subject to such cooling-off periods. The study has two principal findings. First, the respondents indicated that few consumers rescind their purchases. Thus, the study raises doubts about whether cooling-off periods benefit consumers or whether they provide only illusory consumer protection. The article also offers speculations about why cooling-off periods have been of such little value …

Development Of Decision Support System For Managing And Using Recreational Beaches, Zhiqiang Deng, Fulbert Namwamba, Zaihong Zhang

Faculty Publications

The paper presents a decision support system (DSS) for managing and using recreational beaches. The DSS consists of (1) a sensor-assisted water quality monitoring system, (2) a multiple linear regression (MLR) model, developed with the Virtual Beach (VB) program, for predicting enterococci levels, and (3) a web-enabled Geographic Information System (GIS) platform for displaying beach water quality conditions. The MLR model was tested using a total of 945 sets of environmental and bacteriological data collected over 6 swimming seasons. It is found that the MLR model is capable of correctly predicting over 88% of beach advisories and over 80% of …

5g Wireless Communication Systems: Prospects And Challenges, John Thompson, Xiaohu Ge, Hsiao Chun Wu, Ralf Irmer, Hong Jiang, Gerhard Fettweis, Siavash Alamouti

Faculty Publications

No abstract provided.

Rural Incentive Programs For Legal And Medical Professionals: A Comparative, Hannah Haksgaard

Faculty Publications

No abstract provided.

Kids Can Change: Reforming South Dakota’S Juvenile Transfer Law To Rehabilitate Children And Protect Public Safety, Wendy Hess

Faculty Publications

South Dakota, like many other states, permits adult criminal prosecution, sentencing, and imprisonment of certain minors who commit a crime. The mechanism which allows prosecution of a child as an adult is referred to as “juvenile transfer,” because the juvenile court’s jurisdiction over the child is transferred to the adult criminal court. The article discusses how the juvenile transfer mechanism developed — both generally and in South Dakota — as well as how it operates today. The author summarizes research findings about the efficacy and fairness of juvenile transfer. Harsh criminal consequences for juveniles are increasingly disfavored as we learn …

"No Trespassing": Railroad Land Grants, The Right Of Exclusion, And The Origins Of Federal Forest Conservation, Sean Kammer

Faculty Publications

The Forest Management Act of 1897 established a management model for public lands that, for the most part, remains intact. It embodies a balancing of control and conservation of forest resources such as timber, minerals, and forage with provisions for the exploitation of those resources for private gain. This article explores the historical context in which this landmark legislation arose. It examines the role of large railroad companies, particularly those that received extensive land subsidies, in first challenging the long-standing custom of timber as an open-access resource in the American West. By enforcing their right of exclusion against timber trespassers …

Opt-Out Education: School Choice As Racial Subordination, Osamudia James

Faculty Publications

No abstract provided.

The Influence Of Possible Selves On Global Citizenship Identification, Marion E. Blake, Stephen Reysen

Faculty Publications

We examined the influence of a ‘possible self’ activity on antecedents, identification, and outcomes of global citizenship. Participants wrote about either hoped-for selves as active global citizens, feared selves as inactive global citizens, or a typical day (control) and then answered questions to gauge their global citizen identification. Results show that the saliency of a feared self as an inactive global citizen led to greater identification with the global citizen identity. A structural equation model shows that feared self (vs hoped-for self) predicted greater global citizenship identification, through the perception of one’s normative environment as prescribing a global citizen identity …

Evaluating Trickle Down Charity, Matthew Rossman

Faculty Publications

As our nation's philanthropic sector becomes more entrepreneurial, ambitious and influenced by the private sector, longstanding legal standards on what constitutes “charity” struggle to stay relevant. More and more often, organizations that seek classification by the Internal Revenue Service as a Section 501(c)(3) charity (and the substantial public subsidy that this status unlocks) are not the soup kitchens and homeless shelters of yesteryear, but highly sophisticated ventures which accomplish their missions in ways that are less obviously charitable. In no case is this more true than in the recent widespread emergence of nonprofit organizations whose primary activity is providing direct …

The Associate Dean For Research In The Age Of The Internet, Jessie Hill

Faculty Publications

In this brief essay, written for a Touro Law Review symposium issue on the role of the associate dean for research and scholarship, I reflect on how the increasing centrality of the Internet to research and scholarship affects the way the Associate Dean for Research might do her job, and I describe some of the measures that seem to be effective in light of this new state of affairs.

Private Ordering In The Market For Professional Services, Cassandra Burke Robertson

Faculty Publications

Freedom of contract is significantly restricted in the market for professional services. Under the so-called “corporate practice doctrine,” professionals such as doctors and lawyers are prohibited from practicing within corporate entities, and laypeople are likewise prohibited from investing in professional service firms. Defenders of this prohibition argue that it can be justified as a means of protecting professional independence and thereby increasing the quality of care. In fact, however, the available evidence suggests that investment restrictions are counterproductive to their stated goal. In practice, these restrictions raise costs and reduce access without measurably improving the quality of service at all. …

A Course-Based Research Experience: How Benefits Change With Increased Investment In Instructional Time, Christopher D. Shaffer, Consuelo J. Alvarez, April E. Bednarski, David Dunbar, Anya L. Goodman, Catherine Reinke, Anne G. Rosenwald, Michael J. Wolyniak, Cheryl Bailey, Daron Barnard, Christopher Bazinet, Dale L. Beach, James E.J. Bedard, Satish Bhalla, John Braverman, Martin Burg, Vidya Chandrasekaran, Hui-Min Chung, Kari Clase, Randall J. Dejong, Justin R. Diangelo, Chunguang Du, Todd T. Eckdahl, Heather Eisler, Julia A. Emerson, Amy Frary, Donald Frohlich, Yuying Gosser, Shubha Govind, Adam Haberman, Amy T. Hark, Charles Hauser, Arlene Hoogewerf, Laura L.M. Hoopes, Carina E. Howell, Diana Johnson, Christopher J. Jones, Lisa Kadlec, Marian Kaehler, S. Catherine Silver Key, Adam Kleinschmit, Nighat P. Kokan, Olga Kopp, Gary Kuleck, Judith Leatherman, Jane Lopilato, Christy Mackinnon, Juan Carlos Martinez-Cruzado, Gerard Mcneil, Stephanie Mel, Hemlata Mistry, Alexis Nagengast, Paul Overvoorde, Don W. Paetkau, Susan Parrish, Celeste N. Peterson, Mary Preuss, Laura K. Reed, Dennis Revie, Srebrenka Robic, Jennifer Roecklein-Canfield, Michael R. Rubin, Kenneth Saville, Stephanie Schroeder, Karim Sharif, Mary Shaw, Gary Skuse, Christopher D. Smith, Mary A. Smith, Sheryl T. Smith, Eric Spana, Mary Spratt, Aparna Sreenivasan, Joyce Stamm, Paul Szauter, Jeffrey S. Thompson, Matthew Wawersik, James Youngblom, Leming Zhou, Elaine R. Mardis, Jeremy Buhler, Wilson Leung, David Lopatto, Sarah C.R. Elgin

Faculty Publications

There is widespread agreement that science, technology, engineering, and mathematics programs should provide undergraduates with research experience. Practical issues and limited resources, however, make this a challenge. We have developed a bioinformatics project that provides a course-based research experience for students at a diverse group of schools and offers the opportunity to tailor this experience to local curriculum and institution-specific student needs. We assessed both attitude and knowledge gains, looking for insights into how students respond given this wide range of curricular and institutional variables. While different approaches all appear to result in learning gains, we find that a significant …

'We Thank God For You' How Thanksgiving Transforms Our Walk: A Study In The Theology Of Colossians, Thomas Shepherd

Faculty Publications

No abstract provided.

A Perspective On Seventh-Day Adventist Hermeneutics, Denis Fortin

Faculty Publications

No abstract provided.

Destructive Anger Among Adolescents: Management Strategies For Principals And Teachers, Elvin Gabriel, Kimberly Nelson

Faculty Publications

This article will provide information to aid readers in understanding risk factors associated with adolescent anger. It will also recommend strategies to prevent and defuse anger, and discuss the role of spiritual nurture in promoting proper conduct and positive relationships among students.

A Randomized Clinical Trial On The Effects Of Extracorporeal Shockwave Therapy, Joint Mobilizations And Exercise On Plantar Heel Pain In Patients With Plantar Fasciitis., Elizabeth Oakley, Paolo Sanzo

Faculty Publications

Plantar fasciitis (PF) is the most common cause of heel pain today impacting on the patient’s walking ability, work tolerance, and ability to participate in active sport. Two million people in the United States (US) are treated for PF yearly with heel pain accounting for 11 to 15% of visits to medical professionals. It is estimated that 10% of the US population will develop PF during their lifetime. Treatment for PF may include a variety of interventions ranging from conservative treatment to surgical interventions. One of the suggested treatments for PF is the use of extracorporeal shockwave therapy (ECSWT). ECSWT …