Digital Commons Network^™

Negotiating History And Attending To The Future: Perceptions Among And Of Malaiyaha Tamils In Sri Lanka, Mythri Jegathesan

Faculty Publications

No abstract provided.

Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam F. Halabi

Faculty Publications

Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these “credible commitments,” investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This …

Reasonable Conversions: Susanna Rowan's Mentoria And Conversion Narratives For Young Readers, Karen Roggenkamp

Faculty Publications

Though not well known, Rowson's Mentoria-a curious conglomeration of thematically-related pieces from multiple genres, including the essay, epistolary novel, conduct book, and fairy tale-offers particularly fertile ground for thinking about the nexus between eighteenth-century didactic books and earlier works for young readers.2 At the heart of Mentoria is a series of letters describing girls who yield, with dire and frequently deadly consequences, to the passionate pleas of male suitors.3 Fallen women populate Rowson's world, and scholars have traditionally read Mentoria within the familiar bounds of the eighteenth-century seduction novel.4 However, Rowson's creation transforms the older tradition of didactic, child-centered conversion …

Appearance Of The Impropriety, Recusal, And The Segars-Andrews Case, John P. Freeman

Faculty Publications

No abstract provided.

Rex1/Zfp42 As An Epigenetic Regulator For Genomic Imprinting, Jeong Do Kim, Hana Kim, Muhammad B. Ekram, Sungryul Yu, Christopher Faulk, Joomyeong Kim

Faculty Publications

Zfp42/Rex1 (reduced expression gene 1) is a well-known stem-cell marker that has been duplicated from YY1 in the eutherian lineage. In the current study, we characterized the in vivo roles of Rex1 using a mutant mouse line disrupting its transcription. In contrast to the ubiquitous expression of YY1, Rex1 is expressed only during spermatogenesis and early embryogenesis and also in a very limited area of the placenta. Yet, the gene dosage of Rex1 is very critical for the survival of the late-stage embryos and neonates. This delayed phenotypic consequence suggests potential roles for Rex1 in establishing and maintaining unknown epigenetic …

Impeding Reentry: Agency And Judicial Obstacles To Longer Halfway House Placements, S. David Mitchell

Faculty Publications

Part I of this article details the Bureau of Prisons' rules and policies governing inmate placement, including the most recent iteration. Part II examines Chevron27 and the Bureau of Prisons' extraordinary justification exception rule. Part III turns to the threshold matter of obtaining judicial access to challenge the Bureau of Prisons' new rule, with Part III.A arguing that the federal courts should relax their standards when faced with exceptions to the exhaustion requirement and Part III.B arguing for the adoption of a federal public importance exception to the mootness doctrine. The article concludes that these changes will further Congress' dual …

Preemption & The Regulatory Paradigm In The Roberts Court, Christina E. Wells, William E. Marcantel, Dave Winters

Faculty Publications

This short article first examines the Court's general preemption doctrine, including relevant criticisms. It then details the rise of the regulatory paradigm in the Supreme Court's cases, especially as it culminates in the Roberts Court's reliance on it. Finally, it examines potential implications of increasing reliance on that paradigm, including manipulation of preemption doctrine by judges, continued deference to agency officials' decisions to preempt, and adverse effects on individual tort plaintiffs.

Ratiometric Coumarin-Neutral Red (Coner) Nanoprobe For Detection Of Hydroxyl Radicals, Gabriela M. Ganea, Paulina E. Kolic, Bilal El-Zahab, Isiah M. Warner

Faculty Publications

Excessive production of reactive oxygen species can lead to alteration of cellular functions responsible for many diseases including cardiovascular diseases, neurodegenerative diseases, cancer, and aging. Hydroxyl radical is a short-lived radical which is considered very aggressive due to its high reactivity toward biological molecules. In this study, a COumarin-NEutral Red (CONER) nanoprobe was developed for detection of hydroxyl radical based on the ratiometric fluorescence signal between 7-hydroxy coumarin 3-carboxylic acid and neutral red dyes. Biocompatible poly lactide-co-glycolide (PLGA) nanoparticles containing encapsulated neutral red were produced using a coumarin 3-carboxylic acid conjugated poly(sodium N-undecylenyl-Nε-lysinate) (C3C-poly-Nε- SUK) as moiety reactive to hydroxyl …

Environmentally Persistent Free Radicals Decrease Cardiac Function Before And After Ischemia/Reperfusion Injury In Vivo, Kevin Lord, David Moll, John K. Lindsey, Sarah Mahne, Girija Raman, Tammy Dugas, Stephania Cormier, Dana Troxlair, Slawo Lomnicki, Barry Dellinger, Kurt Varner

Faculty Publications

Exposure to airborne particles is associated with increased cardiovascular morbidity and mortality. During the combustion of chlorine-containing hazardous materials and fuels, chlorinated hydrocarbons chemisorb to the surface of transition metal-oxide-containing particles, reduce the metal, and form an organic free radical. These radical-particle systems can survive in the environment for days and are called environmentally persistent free radicals (EPFRs). This study determined whether EPFRs could decrease left ventricular function before and after ischemia and reperfusion (I/R) in vivo. Male Brown-Norway rats were dosed (8mg/kg, intratracheal) 24h prior to testing with particles containing the EPFR of 1, 2-dichlorobenzene (DCB230). DCB230 treatment decreased …

Skeletal Muscle Mitochondrial Capacity And Insulin Resistance In Type 2 Diabetes, Sudip Bajpeyi, Magdalena Pasarica, Cedric Moro, Kevin Conley, Sharon Jubrias, Olga Sereda, David H. Burk, Zhengyu Zhang, Alok Gupta, Lise Kjems, Steven R. Smith

Faculty Publications

Objective: The objective of this study was to determine the role of maximum mitochondrial capacity on the variation in insulin sensitivity within a population of patients with type 2 diabetes mellitus (T2DM). Research Design and Methods: Fifty-eight participants enrolled in a cross-sectional design: eight active controls [maximum aerobic capacity (VO2max) . 40 ml/kg . min], 17 healthy sedentary controlswithout a family history (FH-) and seven with a family history (FH+) of diabetes, four obese participants, and 21 patients with T2DM. Mitochondrial capacity was measured noninvasively using 31P magnetic resonance spectroscopy of the vastus lateralis. Maximal ATP synthetic rate (ATPmax) was …

Passive Participle Marking By African American English-Speaking Children Reared In Poverty, Sonja L. Pruitt, Janna B. Oetting, Michael Hegarty

Faculty Publications

Purpose: In this study, the authors examined the linguistic profile of African American English (AAE)-speaking children reared in poverty by focusing on their marking of passive participles and by comparing the results with the authors' previous study of homophonous forms of past tense (S. Pruitt & J. Oetting, 2009). Method: The data were from 45 five- to six-year-olds who spoke AAE and who participated in the authors' earlier study. Fifteen were classified as low-income (LSES); the others were classified as middle-income and served as either age- or language-matched controls. The data came from a probe that was designed by S. …

Measurements And Three-Dimensional Modeling Of Nearshore Circulation On A South Carolina Beach, Nirnimesh Kumar, George Voulgaris, John C. Warner

Faculty Publications

A numerical modeling system for simulating nearshore surf zone conditions and tidal processes is presented and evaluated with in situ data. The modeling system is comprised of the Regional Ocean Modeling System (ROMS v 3.0), a three-dimensional numerical ocean model, coupled with Simulating Waves Nearshore (SWAN), a spectral wave propagation model. The system has been modified with a new vertical distribution of radiation stress terms for applications in very shallow waters. The model performance is evaluated by comparing simulations to hydrodynamic data (wave height, direction, longshore and cross-shore currents) collected in the surf zone in northern South Carolina, U.S. Model …

Making Friends Down Under: The Beginnings Of Lds Missionary Work On Thursday Island, Queensland, Australia, 1961, Fred E. Woods

Faculty Publications

The year 2011 marks the fiftieth anniversary of the beginnings of LDS missionary work on Thursday Island. On this jubilee occasion, it is fitting to ask how the message of Mormonism came to this tiny Australian isle and how American Mormon missionaries adapted to a region far removed from their culture and homeland. Using journal entries, letters, and interviews from the first three full-time elders to preach on the island, it is possible to sketch a portrait of what these young men experienced.

State Methamphetamine Precursor Policies And Changes In Small Toxic Lab Methamphetamine Production, Duane C. Mcbride, Yvonne Terry-Mcelrath, Jamie Chriqui, Jean O'Connor, Curtis J. Vanderwaal, Karen Mattson

Faculty Publications

Domestic production of methamphetamine in small toxic labs (STLs) results in significant community safety and health consequences. This paper examines the effects of state-level policies implemented in the middle of the last decade in reaction to a rapid increase in STL labs. These policies focused on controlling access to the methamphetamine precursor chemicals ephedrine and pseudoephedrine and the relationship of such policies with actual STL seizure rates. Data include (a) primary legal research on state laws/regulations in all 50 states in effect as of October 1, 2005; and (b) STL seizure counts for 2004–2006. Results from random effects cross-sectional time-series …

Direct And Indirect Roles For Values In Science, Kevin Elliott

Faculty Publications

Although many philosophers have employed the distinction between "direct" and "indirect" roles for values in science, I argue that it merits further clarification. The distinction can be formulated in several ways: as a logical point, as a distinction between epistemic attitudes, or as a clarification of different consequences associated with accepting scientific claims. Moreover, it can serve either as part of a normative ideal or as a tool for policing how values influence science. While various formulations of the distinction may (with further clarification) contribute to a normative ideal, they have limited effectiveness for regulating how values influence science.

Discrimination, Perceived Social Inequity, And Mental Health Among Rural-To-Urban Migrants In China, Danhua Li, Xiaoming Li, Bo Wang, Yan Hong, Xiaoyi Fang, Xiong Qin, Bonita Stanton

Faculty Publications

Status-based discrimination and inequity have been associated with the process of migration, especially with economics-driven internal migration. However, their association with mental health among economy-driven internal migrants in developing countries is rarely assessed. This study examines discriminatory experiences and perceived social inequity in relation to mental health status among rural-to-urban migrants in China. Cross-sectional data were collected from 1,006 rural-to-urban migrants in 2004-2005 in Beijing, China. Participants reported their perceptions and experiences of being discriminated in daily life in urban destination and perceived social inequity. Mental health was measured using the symptom checklist-90 (SCL-90). Multivariate analyses using general linear model …

Non-Esterified Fatty Acids Generate Distinct Low-Molecular Weight Amyloid-Β (Aβ42) Oligomers Along Pathway Different From Fibril Formation, Amit Kumar, Rebekah L. Bullard, Pritesh Patel, Lea C. Paslay, Dipti Singh, Ewa A. Bienkiewicz, Sarah E. Morgan, Vijayaraghavan Rangachari

Faculty Publications

Amyloid-beta (A beta) peptide aggregation is known to play a central role in the etiology of Alzheimer's disease (AD). Among various aggregates, low-molecular weight soluble oligomers of A beta are increasingly believed to be the primary neurotoxic agents responsible for memory impairment. Anionic interfaces are known to influence the A beta aggregation process significantly. Here, we report the effects of interfaces formed by medium-chain (C9-C12), saturated non-esterified fatty acids (NEFAs) on A beta 42 aggregation. NEFAs uniquely affected A beta 42 aggregation rates that depended on both the ratio of A beta:NEFA as well the critical micelle concentration (CMC) of …

Perceived Threat Mediates The Relationship Between Psychosis Proneness And Aggressive Behavior, Jennifer Renee Fanning, Mitchell Eric Berman, Richard Mohn, Michael Mccloskey

Faculty Publications

Psychotic symptoms are associated with aggressive tendencies, but this relationship is both complex and imperfect. In contrast to psychotic disorders, little is known about aggressive behavior and sub-clinical psychotic symptoms (e.g., "psychosis proneness"), which are relatively common in the general population. Threat/control-override (TCO), which is the propensity to overestimate the likelihood that an outside agent will (1) inflict harm (threat) or (2) control one's behaviors (control-override), has been associated with aggression in both psychiatric and community samples. The purpose of this study was to determine if psychosis proneness is related to aggression, and if one or both aspects of TCO …

Relieving (Most Of) The Tension: A Review Essay Of Samuel R. Bagenstos, Law And The Contradictions Of The Disability Rights Movement, Nicole Buonocore Porter

Faculty Publications

This Review Essay reveals the considerable contribution made by Professor Samuel Bagenstos in his book, Law and the Contradictions of the Disability Rights Movement, where he acknowledges and tackles most of the contradictions and tensions within the disability law field. Instead of repeating familiar arguments about a backlash against the Americans with Disabilities Act (ADA), Bagenstos recognizes and explains that much of the lack of success of the ADA can be attributed to tensions in the goals and projects of the disability rights movement. He makes a very convincing argument that the anti-discrimination and accommodation model of the ADA, …

Cooperation, Commandeering, Or Crowding Out?: Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler

Faculty Publications

This Article's analysis proceeds in three parts. Part II of this article outlines the policy considerations in determining the proper federal and state balance in health care policy. There are strong arguments for state primacy in health care policy, but also substantial justifications for federal intervention. Part III discusses the concept of "cooperative federalism," under which the federal government encourages state governments to implement policies in accord with federal priorities, and identifies constitutional limitations on the federal government's ability to direct or even influence state policy choices. Even if the constitutional challenges to the individual mandate fails, federalism-based challenges to …

Deporting Families: Poliltical Question Or Legal Issue?, Angela M. Banks

Faculty Publications

Last year 245,424 noncitizens were removed from the United States, and courts played virtually no role in ensuring that these decisions did not violate individual substantive rights like freedom of speech, substantive due process, or retroactivity. Had these individuals been deported from a European country, domestic and regional courts would have reviewed the decisions to ensure compatibility with these types of rights. Numerous international law scholars and immigration scholars seek to minimize the gap between the legal processes offered in the United States and Europe for noncitizens challenging deportation orders. Many of these scholars contend that greater recognition of international …

Naming, Identity, And Trademark Law, Laura A. Heymann

Faculty Publications

As the process of creation in the age of digital media becomes more fluid, one pervasive theme has been the desire for attribution: from the creator’s perspective, to receive credit for what one does (and to have credit not falsely attributed) and from the audience’s perspective, to understand the source of material with which one engages. But our norms of attribution reflect some inconsistencies in defining the relationship among name, identity, and authenticity. A blog post by a writer identified only by a pseudonym may prove to be very influential in the court of public opinion, while the use of …

No Place For Children: Addressing Urban Blight And Its Impact On Children Through Child Protection Law, Domestic Relations Law, And "Adult-Only" Residential Zoning, James G. Dwyer

Faculty Publications

No abstract provided.

Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler

Faculty Publications

Although Congress did not put climate change legislation on President Obama’s desk, the Obama Administration still moved ahead with various regulatory measures to control GHG [greenhouse gas] emissions. Using authority under the Clean Air Act and other existing environmental statutes, the Environmental Protection Agency (EPA) and other agencies have been expanding existing regulatory programs to cover GHG emissions and address climate change concerns. Several measures are already in place and others are in the regulatory pipeline, although citizen suit litigation could produce still more.

The extension of federal regulatory authority to control GHG emissions under existing statutory frameworks is a …

White Potatoes, Including French Fries, Contribute Shortfall Nutrients To Children's And Adolescents' Diets, Marjorie Freedman, Debra Keast

Faculty Publications

To test the hypothesis that white potatoes (WP), oven-baked fries (OBF), and french fries (FF) contribute important nutrients within energy needs to children's and adolescents' diets, secondary analysis of 24-hour dietary recall data from the National Health and Nutrition Examination Survey 2003-2006 was conducted. Potato content of survey foods was determined using US Department of Agriculture recipe databases (Standard Reference (SR)-Link files). Nutrient content of potatoes was determined by linking SR codes to US Department of Agriculture food composition data. Daily nutrient intakes from potatoes were determined by applying the composition database to respondent's recall data. Sample-weighted data were analyzed; …

Environmental Harms, Use Conflicts, And Neutral Baselines In Environmental Law, Todd S. Aagaard

Faculty Publications

Accounts of environmental law that rely on concepts of environmental harm and environmental protection oversimplify the tremendous variety of uses of environmental resources and the often complex relationships among those uses. Such approaches are analytically unclear and, more importantly, insert hidden normativity into putatively descriptive claims. Instead of thinking about environmental law in terms of preventing environmental harm, environmental problems can be understood more specifically and more meaningfully as disputes over conflicting uses of environmental resources. This Article proposes a use-conflict framework as a means of acquiring a deeper understanding of environmental problems and lawmaking without favoring any particular normative …

Maine It Workforce Skills Management : A Study For The Maine State Department Of Labor, David F. Bantz Phd, C. Daniel Paradis, Glenn Wilson

Faculty Publications

Executive Summary:

From August 2010 to February 2011 personnel from Information and Innovation at the University of Southern Maine have conducted a study of IT skills needed, possessed and taught in Maine. The goals of this study were to provide fine-grained information to the Maine state Department of Labor to facilitate their workforce development activities.

This study concerns the skills sought after by employers, possessed by unemployed and employed workers and taught in education and training establishments with a "bricks and mortar" presence in Maine. It relied on data created by third parties and by study personnel. Anecdotal evidence was …

Nuclear Versus Mitochondrial Dna: Evidence For Hybridization In Colobine Monkeys, Christian Roos, Dietmar Zinner, Laura S. Kubatko, Christiane Schwarz, Mouyu Yang, Dirk Meyer, Stephen D. Nash, Jinchuan Xing, Mark A. Batzer, Markus Brameier, Fabian H. Leendertz, Thomas Ziegler, Dyah Perwitasari-Farajallah, Tilo Nadler, Lutz Walter, Martin Osterholz

Faculty Publications

Background: Colobine monkeys constitute a diverse group of primates with major radiations in Africa and Asia. However, phylogenetic relationships among genera are under debate, and recent molecular studies with incomplete taxon-sampling revealed discordant gene trees. To solve the evolutionary history of colobine genera and to determine causes for possible gene tree incongruences, we combined presence/absence analysis of mobile elements with autosomal, X chromosomal, Y chromosomal and mitochondrial sequence data from all recognized colobine genera. Results: Gene tree topologies and divergence age estimates derived from different markers were similar, but differed in placing Piliocolobus/Procolobus and langur genera among colobines. Although insufficient …

Predicting Phenotypic Severity Of Uncertain Gene Variants In The Ret Proto-Oncogene, David K. Crockett, Stephen R. Piccolo, Perry G. Ridge, Rebecca L. Margraf, Elaine Lyon, Marc S. Williams, Joyce A. Mitchell

Faculty Publications

Although reported gene variants in the RET oncogene have been directly associated with multiple endocrine neoplasia type 2 and hereditary medullary thyroid carcinoma, other mutations are classified as variants of uncertain significance (VUS) until the associated clinical phenotype is made clear. Currently, some 46 non-synonymous VUS entries exist in curated archives. In the absence of a gold standard method for predicting phenotype outcomes, this follow up study applies feature selected amino acid physical and chemical properties feeding a Bayes classifier to predict disease association of uncertain gene variants into categories of benign and pathogenic. Algorithm performance and VUS predictions were …

Nitration Of Iron Corrolates: Further Evidence For Non-Innocence Of The Corrole Ligand, Manuela Stefanelli, Sara Nardis, Luca Tortora, Frank R. Fronczek, Kevin M. Smith, Silvia Licoccia, Roberto Paolesse

Faculty Publications

Mono- and di-substituted β-nitro derivatives have been obtained from the reaction of ttcorrFeCl with sodium nitrite in refluxing DMF. This result is unprecedented for iron corrolates and further evidences the non-innocent character of the corrole ligand. © 2011 The Royal Society of Chemistry.