Digital Commons Network^™

Florida: The Mediated State, Julian C. Chambliss, Denise K. Cummings

Faculty Publications

"The Mediated State" addresses the perceived and the real experience linked to Florida and demonstrates the state acts as a bellwether for understanding postwar America in the late twentieth and early twenty-first centuries. Examining historical shifts linked to perceptions of the state, Chambliss and Cummings argue contemporary observers, like their historical antecedents, look to Florida to glean some greater understanding of the broader national experience.

Short-Term Carbon Partitioning Fertilizer Responses Vary Among Two Full-Sib Loblolly Pine Clones, Jeremy P. Stovall, John R. Seiler, Thomas R. Fox

Faculty Publications

We investigated the effects of fertilizer application on the partitioning of gross primary productivity (GPP) between contrasting full-sib clones of Pinus taeda (L.). Our objective was to determine if fertilizer growth responses resulted from similar short-term changes to partitioning. A modeling approach incorporating respiratory carbon (C) fluxes, soil CO2 efflux (FS), and biomass was applied to a factorial design with two clones, fertilizer and control treatments, and four sequential monthly harvests of seedlings planted in a greenhouse. Partitioning was integrated over 121 days to above, belowground, and total net primary production (ANPP + BNPP = NPP), total belowground C flux …

Relationally Aggressive Media Exposure And Children’S Normative Beliefs: Does Parental Mediation Matter?, Jennifer Ruh Linder, Nicole E. Werner

Faculty Publications

Research indicates that relationally aggressive media exposure is positively associated with relational aggression in children. Theories of media effects suggest that these associations may be mediated by aggressive cognitions. Although parental mediation can attenuate the effects of violent media, it is unknown whether there are similar benefits of parental mediation of relationally aggressive media. The current study examined concurrent and longitudinal associations between relationally aggressive television and movie exposure and normative beliefs about relational aggression, and whether parental mediation moderates these associations. Participants were 103 children (50% female) in grades 3-6 and their parents. The following year, 48 children (52% …

U.S. Radio In The 21st Century: Staying The Course In Unknown Territory, Michael Huntsberger

Faculty Publications

This essay examines the development of the radio industry in the United States as it makes its way into the 21^st century. Issues of regulation, technology, commerce, and culture are addressed.

Preservice Teachers Respond To And Tango Makes Three: Deconstructing Disciplinary Power And The Heteronormative In Teacher Education, Donna Kalmbach Phillips, Mindy Legard Larson

Faculty Publications

This study employs Foucauldian concepts to analyse macro and micro contexts of publicly spoken and silent discourses describing ‘homosexuality,’ ‘education’ and ‘teacher’ in order to identify teacher subject positions available to preservice teachers. The macro context is analysed by tracing heteronormative discourses found in newspaper stories involving teachers and public schools that address conflicting views of homosexuality. The macro context analysis indicates two binary teacher subject positions: martyred (unemployed) teacher/silent (employed) teacher and sophisticated teacher/unsophisticated teacher. The micro context analysis is of preservice teachers' responses to And Tango Makes Three, a picture book by Richardson and Parnell. This analysis …

Will Coastal Wetlands Continue To Sequester Carbon In Response To An Increase In Global Sea Level?: A Case Study Of The Rapidly Subsiding Mississippi River Deltaic Plain, R. D. Delaune, J. R. White

Faculty Publications

The highly visible coastal phenomenon of wetland loss in coastal Louisiana (LA) was examined through the prism of carbon accumulation and loss. Carbon storage or sequestration in rapidly subsiding LA coastal marsh soils was based on vertical marsh accretion and aerial change data. Marshes sequester significant amount of carbon through vertical accretion however, large amounts of carbon previously sequestration in the soil profile is lost through annual deterioration of these coastal marshes. Hurricanes, such as Katrina and Rita, have triggered instantaneous large carbon losses of sequestered soil carbon through the destruction of large areas of marsh. This analysis shows proposed …

Atmospheric Correction And Vicarious Calibration Of Oceansat-1 Ocean Color Monitor (Ocm) Data In Coastal Case 2 Waters, P. Dash, N. Walker, D. Mishra, E. D'Sa, S. Ladner

Faculty Publications

No abstract provided.

Phytoplankton Light Absorption Of Cultures And Natural Samples: Comparisons Using Two Spectrophotometers, P. Naik, E.J. D'Sa

Faculty Publications

No abstract provided.

Will The Birds Stay South? The Rise Of Class Actions And Other Forms Of Group Litigation Across Latin America, Manuel A. Gómez

Faculty Publications

No abstract provided.

The Future Of Nlrb Doctrine On Captive Audience Speeches, Paul M. Secunda

Faculty Publications

No abstract provided.

Taxing Facebook Code: Debugging The Tax Code And Software, Xuan-Thao Nguyen, Jeffrey A. Maine

Faculty Publications

This article sets out to analyze both intellectual property laws and tax systems as applied to software. The article also analyzes software within the intellectual property doctrinal framework, and examines both the federal and state tax systems governing software.

Mandates, Markets, And Risk: Auto Insurance And The Affordable Care Act, Jennifer Wriggins

Faculty Publications

Now that the Affordable Care Act (ACA) individual health insurance mandate has been upheld by the United States Supreme Court, it is an opportune time to examine precedents for the individual mandate that were not considered in the legislative debate or litigation about the ACA’s constitutionality, particularly auto insurance mandates. Although opponents’ arguments were cast largely as Commerce Clause claims, the arguments have a deeper foundation as claims about liberty and coercion which go far beyond the Commerce Clause. Although auto insurance mandates are obviously different, particularly in that they are state rather than federal, auto insurance mandates can help …

The Drugs Stop Here: A Public Health Framework To Address The Drug Shortage Crisis, Sharona Hoffman

Faculty Publications

Drug shortages are emerging as a major public health threat. Grave concern has been expressed by the medical community and government officials, and the crisis has been highlighted in recent media stories. Nevertheless, little has been written to date in the legal literature about the drug shortage crisis, and this timely article begins to fill this gap. It provides a thorough analysis of the origins and implications of the drug shortage problem and formulates a multi-layered approach to addressing it. The article argues that drug shortages result from a combination of market failures and regulatory constraints. It proposes a blend …

Due Process In The American Identity, Cassandra Burke Robertson

Faculty Publications

In the last four years, public opinion polls have found an increasingly high level of public support for the methods applied in the war on terror. A significant majority of the population now expresses support for targeted killing through drone strikes and for the indefinite detention of suspected terrorists at Guantánamo Bay. While there are undoubtedly many dynamics at play in the public's changing views of national security and due process, this Article examines one piece of the puzzle: how the concept of due process fits within the structure of the American identity.

This Article examines due process and national …

Corporate Governance: The Swedish Solution, George W. Dent

Faculty Publications

Sweden has changed its corporate governance system by delegating the nomination of corporate directors (and thus, in effect, ultimate control) to committees typically comprising representatives of each company’s largest shareholders. This system gives shareholders a degree of power “that only the most daring corporate governance initiatives in the rest of the world could even imagine.” By all accounts the change has been successful; no one is complaining about it.

In the United States investors have long been kept weak in corporate governance for fear that giving them a major role would damage corporations in numerous ways. The Swedish experience seems …

Balancing Privacy, Autonomy, And Scientific Needs In Electronic Health Records Research, Sharona Hoffman, Andy Podgurski

Faculty Publications

The ongoing transition from paper medical files to electronic health records will provide unprecedented amounts of data for biomedical research, with the potential to catalyze significant advances in medical knowledge. But this potential can be fully realized only if the data available to researchers is representative of the patient population as a whole. Thus, allowing individual patients to exclude their health information, in keeping with traditional notions of informed consent, may compromise the research enterprise and the medical benefits it produces.

This Article analyzes the tension between realizing societal benefits from medical research and granting individual preferences for privacy. It …

Mass Murderers Discover Mass Murder: The Germans And Katyn, 1943, Kenneth F. Ledford

Faculty Publications

After the German army in 1943 discovered the graves of murdered Polish army officers in the Katyn Forest, Joseph Goebbels embarked upon a cynical publicity campaign to spread before the world the perils of Bolshevik success. But the Nazi discovery of Soviet crimes against leaders of Polish state and society elided the reality that from the very beginning of the German invasion of Poland, the SS had carried out identical mass murders of Polish intellectuals and other social leaders. Goebbels's campaign amounted to mass murderers ““uncovering” mass murders on the part of their adversaries and seeking cynically to use that …

Copyright Exhaustion And The Personal Use Dilemma, Aaron K. Perzanowski, Jason Schultz

Faculty Publications

Copyright law struggles to provide a coherent framework for analyzing personal uses. Although there is widespread agreement that at least some such uses are non-infringing, the doctrinal basis for that conclusion remains unclear. In particular, the prevailing explanations of fair use and implied license are both flawed in important respects.

This Article proposes a new explanation for the favored status of certain personal uses. Drawing on the principle of copyright exhaustion - the notion that once the copyright holder parts with a particular copy of a work, its power to control the use and disposition of that copy is constrained …

Nothing Is Not Enough: Fix The Absurd Post-Booker Federal Sentencing System, Frank O. Bowman Iii

Faculty Publications

This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission hearing considering whether the advisory guidelines system created by the Supreme Court’s 2005 decision in United States v. Booker should be modified or replaced. I argue that it should.

The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact Of Now V. Little League Baseball, Inc. At 40, Douglas E. Abrams

Faculty Publications

In 1972, Little League's national office forced 12-year-old Maria Pepe off her Hoboken (N.J.) team because "[g]irls are not eligible." The New Jersey Division on Civil Rights sustained her gender discrimination claim in 1973, and the courts upheld the administrative decision a year later.

National reaction to Maria Pepe's courageous insistence on gender equity helped sustain the evolution in gender roles that had accelerated since the Women's Movement of the 1960s. Her landmark legal action also likely influenced the Supreme Court's gradual movement toward intermediate scrutiny of gender discrimination claims; the 1975 federal regulations that assured Title IX of the …

The Rise Of The New Apostolic Reformation And Its Implication For Adventist Eschatology, Trevor O'Reggio

Faculty Publications

No abstract provided.

The Reception Of Ellen G. White's Trinitarian Statements By Her Contemporaries, 1897-1915, Denis Kaiser

Faculty Publications

No abstract provided.

The New Exit In Venture Capital, Darian M. Ibrahim

Faculty Publications

No abstract provided.

Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons

Faculty Publications

Modem police culture tolerates or cultivates police misconduct and corruption in many ways. Failures to identify, monitor, and discipline "problem" officers; a belief that violence is a necessary part of law enforcement; and the code of silence; are organizational characteristics that need to be addressed in order to remedy organizational failures to hold law enforcement officers accountable. In order to address these cultural characteristics, police departments should carefully select police officers less likely to engage in these behaviors and adhere to these beliefs. Viewed through the lens of stakeholder participation, however, a fundamental shift should occur regarding how these new …

The Relation Between The Structure Of The First Solvation Shell And The Ir Spectra Of Aqueous Solutions, Revati Kumar, Tom Keyes

Faculty Publications

The spectroscopic signatures of solvated anions and cations, in the O-H stretch region of water, are studied using the POLIR potential. Shifts in the spectra are shown to correlate very well with the distribution of a particular hydrogen bond angle for the waters in the first solvation shell. The results indicate that the spectral shifts might be predicted from MD simulations in a computationally convenient fashion, avoiding an explicit calculation of the spectra, as first suggested by Sharp et al. (J Chem Phys 114(4):1791-1796, 2001). © 2011 Springer Science+Business Media B.V.

A Herpes Simplex Virus 1 (Mckrae) Mutant Lacking The Glycoprotein K Gene Is Unable To Infect Via Neuronal Axons And Egress From Neuronal Cell Bodies, Andrew T. David, Ahmad Saied, Anu Charles, Ramesh Subramanian, Vladimir N. Chouljenko, Konstantin G. Kousoulas

Faculty Publications

We have shown that the herpes simplex virus 1 (HSV-1) gK gene is essential for efficient replication and spread in the corneal epithelium and trigeminal ganglion neuroinvasion in mice (A. T. David, A. Baghian, T. P. Foster, V. N. Chouljenko, and K. G. Kousoulas, Curr. Eye Res. 33:455-467, 2008). To further investigate the role of gK in neuronal infection, we utilized a microfluidic chamber system separating neuronal cell bodies and axonal termini. HSV-1 (McKrae) engineered virus constitutively expressing enhanced green fluorescence protein (GFP) was efficiently transmitted in both a retrograde and an anterograde manner. These results were corroborated by expression …

Player Safety In Youth Sports: Sportsmanship And Respect As An Injury Prevention Strategy, Douglas E. Abrams

Faculty Publications

Preventing avoidable injury is the first obligation of adults who conduct and supervise youth sports events. The law plays only a limited role because lawsuits occur only after the injury. As the behavior of many parents and coaches has deteriorated, national youth sports governing bodies have produced materials that cast adults as role models and urge them to teach and practice sportsmanship and respect. These bodies should now recast these useful citizenship-based adult-education materials to stress also that adherence to sportsmanship and respect helps prevent injuries that can occur when adults acting irresponsibly neutralize national safety standards. Protective equipment is …

The Revolution In Family Law Dispute Resolution, John M. Lande

Faculty Publications

This article surveys a wide range of procedures that divorcing parties now use, including self-representation. Lawyers sometimes provide “unbundled” legal services to help parties who want to divide responsibilities for legal tasks between themselves and their lawyers. Parties often use mediation, arbitration, and private judging. Norms for lawyers’ professional roles have emphasized the importance of cooperation and some lawyers offer “planned early negotiation” processes such as Collaborative and Cooperative Law. Family courts engage in a wide range of activities beyond traditional litigation and adjudication. Many courts manage or mandate parent education and services related to domestic violence. Courts regularly appoint …

Arbitration Of Trust Disputes: Two Bodies Of Law Collide, S. I. Strong

Faculty Publications

This article considers the various issues that arise when two separate bodies of law – trust law and arbitration law – collide, using recent developments in the field of international commercial arbitration to address some of the more intransigent problems facing trust arbitration. The article focuses on five areas of concern: the potential for impermissible ouster of the courts, the operability and effectiveness of the arbitration provision, the extent to which the arbitration provision is binding on the party against whom arbitration is asserted, proper representation of parties and arbitrability. In so doing, this article introduces a number of new …

Not A Free Press Court?, Lyrissa Lidsky

Faculty Publications

The last decade has been tumultuous for print and broadcast media. Daily newspaper circulation continues to fall precipitously, magazines struggle to survive, and network television audiences keep shrinking. In the meanwhile, cable news is prospering, mobile devices are contributing to increased news consumption, and many new media outlets appear to be thriving. Despite the dynamism in the media industry, the Supreme Court under Chief Justice John Roberts has taken up relatively few First Amendment cases directly involving the media. The Court has addressed a number of important free speech cases since 2005, but thus far the only Roberts Court decisions …