Digital Commons Network^™

City Magazines And Social Media: Moving Beyond The Monthly, Susan Currie Sivek

Faculty Publications

City magazines have long been established in many American locales, but digital media of all types are now offering opportunities and challenges to this genre of magazine. Digital media have also complicated the rapidly changing ecosystems of local information in which urban citizens reside. The resources and popularity of newspapers and broadcast news have shifted, and other forms of print, digital, and mobile media are assuming important roles in informing the public. With all these factors at work, this may be a pivotal moment for city magazines as they explore innovative technology, creative business strategies, and the new possibilities for …

Virtual Collaboration In The Online Educational Setting: A Concept Analysis, Henny Breen

Faculty Publications

This study was designed to explore the concept of virtual collaboration within the context of an online learning environment in an academic setting. Rodgers’ method of evolutionary concept analysis was used to provide a contextual view of the concept to identify attributes, antecedents, and consequences of virtual collaboration. Commonly used terms to describe virtual collaboration are collaborative and cooperative learning, group work, group interaction, group learning and teamwork. A constructivist pedagogy, group-based process with a shared purpose, support and web-based technology are required for virtual collaboration to take place. Consequences of virtual collaboration are higher order thinking and learning to …

Age-Related Concomitants Of Obtaining Mental Health Care In Adulthood, Erin L. Woodhead, R. C. Cronkite, R. H. Moos, H. Valenstein, C. Timko

Faculty Publications

No abstract provided.

Effects Of Oil On The Rate And Trajectory Of Louisiana Marsh Shoreline Erosion, G Mcclenachan, R. Eugene Turner, A W. Tweel

Faculty Publications

Oil can have long-term detrimental effects on marsh plant health, both above-and belowground. However, there are few data available that quantify the accelerated rate of erosion that oil may cause to marshes and the trajectory of change. Between November 2010 and August 2012, we collected data on shoreline erosion, soil strength, per cent cover of Spartina alterniflora, and marsh edge overhang at 30 closely spaced low oil and high oil sites in Bay Batiste, Louisiana. Surface oil samples were taken one meter into the marsh in February 2011. All high oiled sites in Bay Batiste were contaminated with Macondo 252 …

The Global Sustainability Transition: It Is More Than Changing Light Bulbs, Michael P. Weinstein, R. Eugene Turner, Carles Ibanez

Faculty Publications

Current policies and norms to reconcile human demands for resources with the Earth’s ability to supply them have resulted in practices that mainly treat the symptoms of unsustainability rather than their underlying causes. Moreover, the increase in our knowledge about humankind’s role in ecosystems is not keeping pace with our understanding of the consequences of our actions, resulting in a deepening inability to address sustainability issues. The extreme complexity and intricate workings of the world require the expansion of our mental models in a systems-thinking framework if we are to realize a sustainable place for humans in it. The challenge …

Economic Impact Of Gulf Of Mexico Ecosystem Goods And Services And Integration Into Restoration Decision-Making, Andrew N. Shepard, John F. Valentine, Christopher F. D'Elia, David W. Yoskowitz, David E. Dismukes

Faculty Publications

Sustainability of natural resources requires balancing exploitation and conservation, enabled by management based on the best available scientific and economic information. Valuation of ecosystemgoods and services is an important tool for prioritizing restoration efforts, recognizing the economic importance of conserving natural capital, and raising public awareness about the contribution of healthy ecosystems to social welfare, now and for future generations. The Deepwater Horizon oil spill (DHOS) in 2010 was a Gulf of Mexico ecological and economic disaster adding to decades-long degradation of the region's coastal and marine environment. In 2010, revenues from provisioning ecosystem goods and services generated by the …

Ley Maleable- El (Mal) Uso Del Derecho En La Consecucion De Una Agenda Politica, Manuel A. Gómez

Faculty Publications

Este artículo explora el uso manipulativo del derecho para la consecución defines políticos. En este artículo se describe un caso en el que el derecho es distorsionado y camuflajeado bajo la apariencia de estar al servicio de la justicia, el cambio social o el desarrollo; pero la verdadera función es facilitar el alcance de intereses políticos o de otra naturaleza. La manipulación del derecho es ilustrada en este artículo a través de una descripción de los programas sociales conocidos como "Misiones Bolivarianas, " implementados por el gobierno de Venezuela desde el año 2004. Las Misiones han sido publicitadas como medidas …

Legislative Diplomacy, Ryan M. Scoville

Faculty Publications

A traditional view in legal scholarship holds that the Constitution assigns to the President an exclusive power to carry on official diplomatic communications with foreign governments. But in fact, Congress and its membership routinely engage in communications of their own. Congress, for example, receives heads of state and maintains official contacts with foreign legislatures. And members of the House and Senate frequently travel overseas on congressional delegations, or “CODELs,” to confer with foreign leaders, investigate problems that arise, promote the interests of the United States and constituents, and even represent the President. Moreover, many of these activities have occurred ever …

Mass Incarceration In Three Midwestern States: Origins And Trends, Michael M. O'Hear

Faculty Publications

This Article considers how the mass incarceration story has played out over the past forty years in three medium-sized, Midwestern states, Indiana, Minnesota, and Wisconsin. The three stories are similar in many respects, but notable differences are also apparent. For instance, Minnesota’s imprisonment rate is less than half that of the other two states, while Indiana imprisons more than twice as many drug offenders as either of its peers. The Article seeks to unpack these and other imprisonment trends and to relate them to crime and arrest data over time, focusing particularly on the relative importance of violent crime and …

Not Just Kid Stuff? Extending Graham And Miller To Adults, Michael M. O'Hear

Faculty Publications

The United States Supreme Court has recently recognized new constitutional limitations on the use of life-without-parole (LWOP) sentences for juvenile offenders, but has not clearly indicated whether analogous limitations apply to the sentencing of adults. However, the Court’s treatment of LWOP as a qualitatively different and intrinsically more troubling punishment than any other sentence of incarceration does provide a plausible basis for adults to challenge their LWOP sentences, particularly when they have been imposed for nonviolent offenses or on a mandatory basis. At the same time, the Court’s Eighth Amendment reasoning suggests some reluctance to overturn sentencing practices that are …

Beyond The Self-Execution Analysis: Rationalizing Constitutional, Treaty And Statutory Interpretation In International Commercial Arbitration, S. I. Strong

Faculty Publications

International commercial arbitration has long been considered one of the paradigmatic forms of private international law and has achieved a degree of legitimacy that is virtually unparalleled in the international realm. However, significant questions have recently begun to arise about the device’s public international attributes, stemming largely from a circuit split regarding the nature of the New York Convention, the leading treaty in the field, and Chapter 2 of the Federal Arbitration Act, which helps give effect to the Convention in the United States. Efforts have been made to place the debate about the New York Convention within the context …

Do You Know What's On Your Plate?: The Importance Of Regulating The Processes Of Food Production, Martha Dragich

Faculty Publications

This article argues that the current regulatory approach-focusing on the supposed equivalence of new foods to traditional ones-is unduly narrow, particularly given the characteristics of the modem food system. To achieve the broad objectives of the FDCA in the context of the industrialized, highly processed, and global food supply of the twenty-first century requires adopting a broader understanding of consumer protection needs with respect to food. The FDCA itself is written in very broad terms and provides much of the authority needed today. The FDA's enforcement capacity, however, already is severely strained.52 Moreover, the scientific basis for some process- oriented …

Law For All? The First Thing We Do, Let’S Educate The Non-Lawyers, Elizabeth Chambliss

Faculty Publications

No abstract provided.

Disaster Tradeoffs: The Doubtful Case For Public Necessity, Susan S. Kuo

Faculty Publications

When government takes private property for a public purpose, the Fifth Amendment to the U.S. Constitution requires just compensation. Courts, however, have long recognized an exception to takings law for the destruction of private property when necessary to prevent a public disaster. In those circumstances, unless the state accepts an obligation to pay damages, individuals must bear their own losses. This Article contends that the public necessity defense should be rejected. First, the tight time frame and limited options typical in a disaster response threaten to obscure the crucial role of government in planning for disasters and mitigating vulnerability. Second, …

The Children And Parents In Focus Project: A Population-Based Cluster-Randomised Controlled Trial To Prevent Behavioural And Emotional Problems In Children, R. Salari, H. Fabian, Ron Prinz, S. Lucas, I. Feldman, Amanda Fairchild, A. Sarkadi

Faculty Publications

Background: There is large body of knowledge to support the importance of early interventions to improve child health and development. Nonetheless, it is important to identify cost-effective blends of preventive interventions with adequate coverage and feasible delivery modes. The aim of the Children and Parents in Focus trial is to compare two levels of parenting programme intensity and rate of exposure, with a control condition to address impact and cost-effectiveness of a universally offered evidence-based parenting programme in the Swedish context. Methods/Design: The trial has a cluster randomised controlled design comprising three arms: Universal arm (with access to participation in …

Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon

Faculty Publications

The Patient Protection and Affordable Care Act (PPACA) provides tax credits and subsidies for the purchase of qualifying health insurance plans on state-run insurance exchanges. Contrary to expectations, many states are refusing or otherwise failing to create such exchanges. An Internal Revenue Service (IRS) rule purports to extend these tax credits and subsidies to the purchase of health insurance in federal exchanges created in states without exchanges of their own. This rule lacks statutory authority. The text, structure, and history of the Act show that tax credits and subsidies are not available in federally run exchanges. The IRS rule is …

Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld

Faculty Publications

No abstract provided.

Regulating In Uncertainty: Animating The Public Health Product Safety Net To Capture Consumer Products Regulated By The Fda That Use Innovative Technologies, Including Nanotechnologies, Genetic Modification, Cloning, And Lab Grown Meat, Katharine A. Van Tassel

Faculty Publications

The past several decades have seen the creation of transformative new technologies that are being used to design innovative consumer product ingredients never seen before in nature. Examples include the use of nanotechnology and genetic modification, and, right around the corner, cloning and lab grown meat. These innovative technologies are harbingers of more pioneering consumer product ingredients to come. The remarkable pace of the development of ground-breaking new technologies means that the population is being steadily exposed to novel ingredients with unknown health risks.

Optimally, the Food & Drug Administration ("FDA") should be regulating these innovative, novel ingredients in consumer …

Stepping Aside As Dean, R. Lawrence Dessem

Faculty Publications

In this Essay, though, I write not about the joys and burdens of service or the personal reasons why one might decide to step aside as dean. Instead, I write about the institutional factors that deans should consider as they make their decisions, time their departures, and determine how to most effectively help their institutions after announcing the decision to resign as dean.

Tattoos & Ip Norms, Aaron K. Perzanowski

Faculty Publications

The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo …

Conservative Principles For Environmental Reform,, Jonathan H. Adler

Faculty Publications

Major environmental policy reform is long overdue. The current regulatory architecture was erected in the 1970s. Since then meaningful reforms have been few and far between. A few reforms and regulatory expansions were adopted in the 1980s, and Congress enacted significant reforms to the Clean Air Act in 1990. Only the most minor environmental bills have been enacted since then.

Placing 'Reins' On Regulations: Assessing The Proposed Reins Act, Jonathan H. Adler

Faculty Publications

Over the past several decades, the scope, reach and cost of federal regulations have increased dramatically, prompting bipartisan calls for regulatory reform. One such proposed reform is the Regulations of the Executive in Need of Scrutiny Act (REINS Act). This proposal aims to restore political accountability to federal regulatory policy decisions by requiring both Houses of Congress to approve any proposed "major rule." In effect, the REINS Act would limit the delegation of regulatory authority to federal agencies, and restore legislative control and accountability to Congress. This article seeks to assess the REINS Act and its likely effects on regulatory …

The Use And Misuse Of Biomedical Data: Is Bigger Really Better?”, Sharona Hoffman, Andy Podgurski

Faculty Publications

Very large biomedical research databases, containing electronic health records (HER) and genomic data from millions of patients, have been heralded recently for their potential to accelerate scientific discovery and produce dramatic improvements in medical treatments. Research enabled by these databases may also lead to profound changes in law, regulation, social policy, and even litigation strategies. Yet, is “big data” necessarily better data?

This paper makes an original contribution to the legal literature by focusing on what can go wrong in the process of biomedical database research and what precautions are necessary to avoid critical mistakes. We address three main reasons …

Property Rights And Modern Energy, Troy A. Rule

Faculty Publications

This short article, written for a joint program of the Natural Resources and Energy Law and Property Law Sections of the American Association of Law Schools at the Association’s 2013 Annual Meeting, offers some general guidelines for adjusting property rights regimes to accommodate new energy innovations. This article suggests that, when feasible, policy actions that merely clarify ambiguities in existing law are often the simplest and most cost-effective way to respond when important technological advancements place pressure on longstanding property structures. When such policies are inadequate or unavailable, the most equitable and efficient adjustments to property arrangements tend to be …

Considering Levitical Food Laws, Jiri Moskala

Faculty Publications

No abstract provided.

Sex And Substance Use Within A Prohibitionist University Setting, Herbert Helm, Duane C. Mcbride

Faculty Publications

While risk factors such as alcohol, tobacco, drugs, and sexual behaviors are often studied among college students, rarely are students at prohibitionist universities studied. The purpose of this paper was to compare the prevalence and trends of substance use of a prohibitionist university to a number of national samples, as well as look at various sexual behaviors of the unmarried participants in the prohibitionist university. For trends in annual alcohol use, our sample had a total average of 42.1% to the comparison samples. For alcohol binge drinking, in the two weeks prior to the survey, our sample had a total …

Relationship Between Posttraumatic Stress Disorder, Resilience, And Religious Orientation And Practices Among University Student Earthquake Survivors In Haiti, Harvey J. Burnett Jr, Herbert Helm

Faculty Publications

This study examined the prevalence of PTSD symptoms; the relationship between PTSD and resilience, religious orientation and religious practices; and how gender is associated with these variables among a volunteer sample of 140 students attending a Christian university in Haiti approximately four months after the January 2010 earthquake. Using the PTSD Checklist-Civilian (PCL-C), the Resilience Scale (RS), and the Religious Orientation Scale (ROS) found no significant relationship between PTSD, resilience, religious orientation and religious practices. Results did indicate that 34% of the sample had PCL-C scores indicative of PTSD; female participants had higher PTSD symptoms than males; higher levels of …

Substance Abuse: A Major Global Health Issue, P. N. Landless, Duane C. Mcbride

Faculty Publications

No abstract provided.

Factors Influencing The Use Of Complementary Alternative Methods (Cam) In Patients Attending An Adult Sickle Cell Clinic In Jackson, Mississippi., Wendy E. Thompson Dr, Clifton C. Addison

Faculty Publications

Abstract Background: This study builds on a previous study that examined pediatric patients with sickle cell disease and use of complementary and alternative therapies. The results of the study revealed that the use of CAM therapies is common for children with SCD. Prayer, relaxation techniques, and spiritual healing were the most commonly reported CAM therapies. However, there is a paucity of research studies on CAM use among adult sickle cell patients and the associated factors that predict its use. This research sought to explain the frequency of CAM use and to examine the factors influencing the use of CAM as …

“He Spake And It Was Done”: Luther’S Creation Theology In His 1535 Lectures On Genesis 1:1–2:4, Denis Kaiser

Faculty Publications

No abstract provided.