Digital Commons Network^™

Ellen G. White On Biblical Hermeneutics, P. Gerard Damsteegt

Faculty Publications

Most of Ellen G. White’s life was spent in the nineteenth century as the foundation of the modern historical-critical method of Bible interpretation was being laid. She frequently commented on the importance of the Bible to our lives and how to interpret it. When the church was faced with difficult issues she successfully guided it, always appealing to Bible principles. This paper attempts to bring together Ellen G. White’s views on the objectives, principles, and methods for interpreting Scripture in order to discover the truth about God’s teachings and practices in the Bible.

Analysis Of Reits And Reit Etfs Cointegration During The Flash Crash., Stoyu Ivanov

Faculty Publications

In this study I revisit the “disintegration hypothesis” of financial assets around a major crisis event. I examine whether the Vanguard Real Estate Investment Trust and iShares Dow Jones US Real Estate Index Fund exchange traded funds disintegrate from the ten largest Real Estate Investment Trusts during the 14:45 Flash Crash on May 6, 2010. I find that six of the ten largest REITs are not cointegrated with the Vanguard Real Estate Investment Trust prior to the Flash Crash and that five of the ten largest REITs are not cointegrated with iShares Dow Jones US Real Estate Index Fund prior …

Analysis Of The Effects Of Pre-Announcement Of S&P 500 Index Changes., Stoyu Ivanov

Faculty Publications

In this study we attempt to answer the question – does the start of pre-announcing of S&P 500 index changes in October 1989 have an effect on the trading pattern of added or deleted firms? We document that prior to October 1989 the excess returns of added or deleted firms follow a white noise process around the event, whereas after the start of pre-announcing the excess returns can be described as nonstationary. This indicates significant excess profits to be captured around the addition or deletion event after S&P started pre-announcing changes in October 1989 but not prior to that date.

An Exploratory Investigation Of Marital Functioning And Order Of Spousal Onset In Couples Concordant For Psychopathology, Scott R. Braithwaite, Kimberly Van Orden, Mike Anestis, Katherine Merrill Timmons, Frank Fincham, Thomas E. Joiner Jr., Peter M. Lewinsohn

Faculty Publications

Individuals with a psychiatric disorder are significantly more likely to have a spouse with a clinical diagnosis—marital concordance. We used a community sample of 304 couples concordant for either Major Depressive Disorder (MDD) or Substance Use Disorders (SUDs) to examine the relationship between marital functioning and gendered patterns of mental health diagnosis onset. For SUD concordance, couples in which wives onset before husbands—in spite of typical later onset for males—reported lower levels of marital satisfaction compared to couples in which the husband onset first. For MDD concordance, couples in which husbands onset with depression before wives—in spite of typical later …

Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese

Faculty Publications

The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …

Misused Concepts And Misguided Questions: Fundamental Confusions In Family Law Debates, James G. Dwyer

Faculty Publications

No abstract provided.

Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks

Faculty Publications

No abstract provided.

Reconsidering Recusals: The Need For Requirements For When Not To Recuse, Mason E. Lowe

Faculty Publications

In the American judiciary system, it is imperative that judges act free of bias. Although this seems to be an easy-enough-to-understand theory, its practical application is not always so simple. As a result, there have been wide-ranging, unpredictable, and sometimes undesirable results. Others have noted the need for clearer recusal rules and guidelines. There have been various suggestions for how to improve or reform recusal rules, all of which note that there is a lack of standardized and predictable rules for when judges are required to recuse themselves. These previous suggestions have correctly identified the root of the problem and …

Sex And Statutory Uniformity: Harmonizing The Legal Treatment Of Semen, Myrisha S. Lewis

Faculty Publications

No abstract provided.

Tnt1 Retrotransposon Mutagenesis: A Tool For Soybean Functional Genomics, Yaya Cui, Shyam Barampuram, Minviluz G. Stacey, C. Nathan Hancock, Seth Findley, Melanie Mathieu, Zhanyuan Zhang, Wayne A. Parrott, Gary Stacey

Faculty Publications

Insertional mutagenesis is a powerful tool for determining gene function in both model and crop plant species. Tnt1, the transposable element of tobacco (Nicotiana tabacum) cell type 1, is a retrotransposon that replicates via an RNA copy that is reverse transcribed and integrated elsewhere in the plant genome. Based on studies in a variety of plants, Tnt1 appears to be inactive in normal plant tissue but can be reactivated by tissue culture. Our goal was to evaluate the utility of the Tnt1 retrotransposon as a mutagenesis strategy in soybean (Glycine max). Experiments showed that the …

Seasonal Variation In Corticosterone Receptor Binding In Brain, Hippocampus, And Gonads In House Sparrows (Passer Domesticus), Christine R. Lattin, L. Michael Romero

Faculty Publications

Abstract.-Both baseline and stress-induced concentrations of corticosterone (CORT) vary seasonally in a predictable fashion in many wild birds. Hypotheses about why these patterns exist include the "behavior hypothesis," which predicts that animals will down-regulate stress-induced CORT when CORT-induced behaviors are too likely to cause reproductive failure; and the "preparative hypothesis," which posits that baseline and stress-induced CORT will both be high at times of year with a higher incidence of predictable stressors. We tested predictions made by the behavior and predictive hypotheses about the CORT sensitivity of tissues involved in breeding: whole brain, hippocampus, and gonads. We used radioligand binding …

Physiological Effects Of Tourism And Associated Food Provisioning In An Endangered Iguana, Charles R. Knapp, Kirsten N. Hines, Trevor T. Zachariah, Caro Perez-Heydrich, John B. Iverson, Sandra D. Buckner, Shelley C. Halach, Christine R. Lattin, L. Michael Romero

Faculty Publications

© The Author 2013. Deliberately feeding wildlife is an increasingly popular tourism-related activity despite a limited understanding of long-term impacts on the species being fed. As a result, tourist behaviours that may have adverse impacts on imperiled species have often been encouraged without the necessary evaluation or oversight. Here, we report the responses of Northern Bahamian Rock Iguanas (Cyclura cychlura) to human-visitation pressure and associated food provisioning. We compared a variety of blood chemistry parameters of iguanas subjected to supplemental feeding at popular tourist destinations with iguanas occurring on islands where supplemental feeding does not take place. We demonstrate that …

Intracellular Glucocorticoid Receptors Inspleen, But Not Skin, Vary Seasonally Inwild House Sparrows (Passer Domesticus), Christine R. Lattin, K. Waldron-Francis, L. Michael Romero

Faculty Publications

Over the short-term and at physiological doses, acute increases in corticosterone (CORT) titres can enhance immune function. There are predictable seasonal patterns in both circulating CORT and immune function across many animal species, but whether CORT receptor density in immune tissues varies seasonally is currently unknown. Using radioligand binding assays, we examined changes in concentrations of glucocorticoid receptors (GR) and mineralocorticoid receptors (MR) in spleen and skin in wild-caught house sparrows in Massachusetts during six different life-history stages: moult, early winter, late winter, pre-egg-laying, breeding and late breeding. Splenic GR and MR binding were highest during the pre-laying period. This …

Particulate Matter Containing Environmentally Persistent Free Radicals And Adverse Infant Respiratory Health Effects: A Review, Jordy Saravia, Greg I. Lee, Slawo Lomnicki, Barry Dellinger, Stephania A. Cormier

Faculty Publications

The health impacts of airborne particulate matter (PM) are of global concern, and the direct implications to the development/exacerbation of lung disease are immediately obvious. Most studies to date have sought to understand mechanisms associated with PM exposure in adults/adult animal models; however, infants are also at significant risk for exposure. Infants are affected differently than adults due to drastic immaturities, both physiologically and immunologically, and it is becoming apparent that they represent a critically understudied population. Highlighting our work funded by the ONES award, in this review we argue the understated importance of utilizing infant models to truly understand …

Metabolic Preconditioning Of Mammalian Cells: Mimetic Agents For Hypoxia Lack Fidelity In Promoting Phosphorylation Of Pyruvate Dehydrogenase, Apurva Borcar, Michael A. Menze, Mehmet Toner, Steven C. Hand

Faculty Publications

Induction of HIF-1α by oxygen limitation promotes increased phosphorylation and catalytic depression of mitochondrial pyruvate dehydrogenase (PDH) and an enhanced glycolytic poise in cells. Cobalt chloride and desferrioxamine are widely used as mimics for hypoxia because they increase the levels of HIF-1α. We evaluated the ability of these agents to elicit selected physiological responses to hypoxia as a means to metabolically precondition mammalian cells, but without the detrimental effects of hypoxia. We show that, while CoCl2 does increase HIF-1α in a dose-dependent manner, it unexpectedly and strikingly decreases PDH phosphorylation at E1α sites 1, 2, and 3 (Ser293, Ser 300, …

Copper Β-Trinitrocorrolates, Manuela Stefanelli, Sara Nardis, Frank R. Fronczek, Kevin M. Smith, Roberto Paolesse

Faculty Publications

The β-nitration reaction carried out on the corrole macrocycle has been shown to be extremely regioselective, although the reduced symmetry of the macrocycle could potentially lead to a huge number of possible regioisomers. We recently reported that the careful use of AgNO2/NaNO2 as a nitrating system enabled the achievement in good yields of mono- and dinitro-derivatives on both corrole free base and its copper complex, proving to be an efficient and cost-effective method. In this work, we present a detailed study of the scope of this method using TtBuCorrH3 as a model corrole. A further increase of the oxidant pushes …

Ecological And Control Techniques For Sand Flies (Diptera: Psychodidae) Associated With Rodent Reservoirs Of Leishmaniasis, Thomas M. Mascari, Hanafi A. Hanafi, Ryan E. Jackson, Souâd Ouahabi, Btissam Ameur, Chafika Faraj, Peter J. Obenauer, Joseph W. Diclaro, Lane D. Foil

Faculty Publications

Background:Leishmaniasis remains a global health problem because of the substantial holes that remain in our understanding of sand fly ecology and the failure of traditional vector control methods. The specific larval food source is unknown for all but a few sand fly species, and this is particularly true for the vectors of Leishmania parasites. We provide methods and materials that could be used to understand, and ultimately break, the transmission cycle of zoonotic cutaneous leishmaniasis.Methods and Findings:We demonstrated in laboratory studies that analysis of the stable carbon and nitrogen isotopes found naturally in plant and animal tissues was highly effective …

Cannabis Use And Its Socio-Demographic Correlates Among In-School Adolescents In Zambia, Seter Siziya, Adamson S. Muula, Chola Besa, Olesegun Babaniyi, Peter Songolo, Njinga Kankiza, Emmanuel Rudatsikira

Faculty Publications

Background

Cannabis dependence in adolescents predicts increased risks of using other illicit drugs, poor academic performance and reporting psychotic symptoms. The prevalence of cannabis use was estimated two decades ago in Zambia among secondary school students. There are no recent estimates of the extent of the problem; further, correlates for its use have not been documented in Zambia. The objective of study was to estimate the current prevalence of cannabis use and its socio-demographic correlates among in-school adolescents.

Methods

We conducted secondary analysis of data that was obtained from the 2004 Zambia Global School-Based Health Survey. Logistic regression analysis was …

Self - Inflicted Serious Injuries Among Adolescents In Zambia, Adamson S. Muula, Seter Siziya, Emmanuel Rudatsikira

Faculty Publications

Injuries are a growing cause of morbidity and mortality in the world. Data from Southern Africa are limited, possibly because of limited research prioritization of the issue and pre-occupation with communicable diseases. This study was conducted to estimate the prevalence of, and assess factors associated with, self-inflicted serious injuries among in-school adolescents in Zambia. We used data collected from the 2004 Zambia Global School-Based Health Survey to estimate prevalence of self-inflicted serious injury within the past 12 months. Logistic regression analysis was conducted to assess the association between selected predictor variables and reported history of having seriously injured oneself. Out …

Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller, Jeffrey A. Maine

Faculty Publications

On January 1, 2013 Congress avoided the tax part of the so called “fiscal cliff” when it passed the American Taxpayer Relief Act of 2012 (ATRA). Among its many impacts this law prevented the application of a number of sunset provisions that would have dramatically altered the operation of the federal wealth transfer taxes. Instead Congress made permanent two significant transfer tax provisions introduced as temporary measures in 2010: the indexed basic exclusion amount and the deceased spousal unused exclusion amount. The latter provisions are sometimes referred to as the portability rules. ATRA also introduced a new maximum transfer tax …

A Bibliography Of Title Ix Of The Education Amendments Of 1972, Christine Iaconeta Dulac

Faculty Publications

It has been thirty-five years since the passage of Title IX of the Education Amendment of 1972. Title IX provides that no person shall be excluded from participation in any educational program or activity that receives federal funding. This legislation is credited with bolstering the participation rates of girls and women in athletics. Although athletics are not explicitly addressed in the statutory language, Title IX requires schools to offer male and female students equal opportunities to play sports, to give male and female athletes their fair share of athletic scholarship money, and to treat male and female athletes equally in …

Confronting The Youth Sports Concussion Crisis: A Central Role For Responsible Local Enforcement Of Playing Rules, Douglas E. Abrams

Faculty Publications

This article concerns the effect of playing rules on efforts to prevent concussions in youth sports. We can significantly reduce rates of sports-related concussions by periodically reviewing safety-based playing rules in light of medical learning, and then by assuring their enforcement by coaches, officials and parents who remain committed to sportsmanship and mutual respect in local games.

Unwanted Exposure To Religious Expression By Government: Standing And The Establishment Clause, Carl H. Esbeck

Faculty Publications

For nearly half a century the Supreme Court has relaxed traditional standards of justiciability and permitted taxpayer standing when a claimant has invoked the Establishment Clause in a lawsuit to prohibit government funding of religion. The Court has recently cutback, however, permitting taxpayer standing only when a tax is extracted from the claimant and money is appropriated by a legislature to fund a statutory program that directs the use of public aid for religion.

Lessons From Mediators' Stories, John M. Lande

Faculty Publications

This article is part of a symposium discussing the book, Stories Mediators Tell, edited by Eric Galton and Lela Love. The book consists of accounts of 31 actual mediations, followed by reflections of each mediator-author. Some of the chapters tell of extraordinary cases and others are more routine.

Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration And International Investment Arbitration, S. I. Strong

Faculty Publications

For many years, courts, commentators and counsel agreed that 28 U.S.C. §1782 – a somewhat extraordinary procedural device that allows U.S. courts to order discovery in the United States “for use in a proceeding in a foreign or international tribunal” – did not apply to disputes involving international arbitration. However, that presumption has come under challenge in recent years, particularly in the realm of investment arbitration, where the Chevron-Ecuador dispute has made Section 1782 requests a commonplace procedure. This Article takes a rigorous look at both the history and the future of Section 1782 in international arbitration, taking care to …

Regulators, Mount Up, Ben L. Trachtenberg

Faculty Publications

Since I began circulating drafts of an article arguing that certain law school officials have exposed themselves to professional discipline by engaging in dishonest marketing tactics, responses have varied considerably. Everyone seems to agree, however, that law school officials should not lie in their pursuit of students. There also appears to be broad consensus that misleading (albeit not intentionally false) marketing—such as systematically skewed salary statistics—is an unfortunate phenomenon, although disagreement remains on just how serious a problem it is and what level of corrective effort is appropriate. In their recently-published response pieces, Kyle McEntee of Law School Transparency (“LST”) …

American Exceptionalism In Consumer Arbitration, Amy J. Schmitz

Faculty Publications

“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. Despite Americans’ reverence for their “day in court,” their zest for contractual freedom and efficiency has prevailed to result in U.S. courts’ strict enforcement of arbitration provisions in both business-to-business (“B2B”) and business-to-consumer (“B2C”) contracts. This is exceptional because although most of the world joins the United States in generally enforcing B2B arbitration under the New York Convention, many other countries refuse or strictly limit arbitration enforcement in B2C relationships due to concerns regarding power imbalances and public enforcement of …

Constitutional Borrowing As Jurisprudential And Political Doctrine In Shri Dk Basu V. State Of West Bengal, Sam F. Halabi

Faculty Publications

Under prevailing theories of comparative constitutional law, courts use foreign precedent in one of three ways: to identify “universal” principles of law applicable across jurisdictions; to sharpen understanding of domestic law through contrasting foreign judgments; and, in the case of legal systems with shared origins, to consider alternative jurisprudential paths. While the terminology differs, the concepts broadly hold across current theoretical treatments. Methodologically, these theories are built by analyzing certain foreign decisions, while scholars devote less effort in trying to test prevailing theories by applying theory to a court judgments outside those used to build their theories. In building a …

Family Lawyering: Past, Present, And Future, John M. Lande, Forrest S. Mosten

Faculty Publications

In the past fifty years, divorce law has turned upside down. Marriage is not assumed to be a lifelong commitment. Fault generally is not legally relevant. Gender equality is a fundamental principle. Today, courts regularly handle a much broader range of issues, including disputes about issues such as domestic violence; parental relocation; religious upbringing; payment for children's college education; grandparent and stepparent visitation rights; rights of same-sex and unmarried couples; alienation of parents and children; and the role of e-mail, the Internet, and cybersex in divorce.

Family law practice inevitably evolved in response to these social and legal changes. This …

In Her Own Voice: Ann Scales As Philosopher, Storyteller, Feminist, And Jurisprude, Patricia A. Cain

Faculty Publications

This Essay references numerous articles written by Ann Scales and discusses ways in which she spoke as a philosopher, a storyteller, a feminist, and a jurisprude. The author’s favorite lines from these articles are reproduced and explored in the context in which they were written. Many of the quotes are witty and capture the gist of a situation or a feminist point without the need for further explanation. Others express a point of view in such creative ways that they bring new insights to those of us who grapple with feminist issues.