Digital Commons Network^™

User Fee Programs, Erika Lietzan

Faculty Publications

A user fee is a fee assessed by the government when it provides a good or service to a private party. Classic examples include the fee to enter Yellowstone National Park and payment to the U.S. Postal Service for a first-class postage stamp. In these transactions, the government provides a specific benefit to an identifiable recipient, who pays the fee. Although the federal government has assessed user fees since this country's founding, broad authorizing legislation in the middle of the 20th century made it possible for agencies to craft user fee programs on their own initiative. Interest in relying on …

Real Practice Systems Annotated Bibliography, John Lande

Faculty Publications

Real Practice Systems (RPS) theory holds that practitioners’ practice systems are based on their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and the cases in their work. RPS analysis can be used in many dispute resolution roles such as mediator, advocate in mediation, negotiator, and litigator generally. In mediation, practitioners develop categories of cases, parties, and behavior patterns that lead them to design routine procedures and strategies for dealing with recurring challenges before, during, and after mediation sessions.

RPS theory is the culmination of much of the work in my scholarly career. The bibliography …

Modernizing The Medical Malpractice Standard Of Care, Philip G. Peters Jr.

Faculty Publications

The standard of care for health care providers proposed by section 5 of the Restatement of the Law Third, Torts: Medical Malpractice marks a fundamental shift in the American Law Institute's position on professional tort liability. According to both conventional wisdom and prior Restatement provisions, the standard of care for physicians is determined by their customary practices. Professionals alone are given the unique privilege to set their own legal standard of care. However, the proposed section 5 departs from this position. Instead, reasonable care for health care providers is defined as conduct "regarded as competent" by medical peers. Customary practices …

Did God Create Viruses?, James Hayward

Faculty Publications

No abstract provided.

State Constitutional Limitations To Cities Taxing The Digital Economy, Lauren Shores Pelikan

Faculty Publications

The digital economy’s rapid evolution, most recently with the rise of artificial intelligence, demands a reevaluation of state constitutional limitations on local taxation of digital transactions. Citizens have long feared excessive or unfair tax burdens, hence the adoption of constitutional amendments that prohibit legislators from increasing taxes or imposing new taxes without a public vote. However, these constitutional limitations are now preventing cities from taxing digital transactions that are taking over the economy. This is a serious financial problem for cities whose traditional sources of tax revenue, such as sales taxes and property taxes, are dwindling due to the digitalizing …

"I Am Become Death, The Destroyer Of Worlds": Applying Strict Liability To Artificial Intelligence As An Abnormally Dangerous Activity, Renee Henson

Faculty Publications

Artificial intelligence (AI)-enabled tools have produced a myriad of injuries, up to and including death. This burgeoning technology has caused scholars to ask questions, such as, How do we create a legal framework for AI? Because AI creators have acknowledged that even they do not know the capacities of their technology for good or bad outcomes, this Article argues that an existing framework, strict liability, is an appropriate fit for harms arising from this new technology because a party need not prove negligence to prevail. Strict liability was uniquely developed to handle those activities that are “abnormally dangerous.” An abnormally …

Insecticide Susceptibilities And Enzyme Activities Of Four Stink Bug Populations In Mississippi, Usa, Yuzhe Du, Shane Scheibener, Yu Cheng Zhu, K. Clint Allen, Gadi V.P. Reddy

Faculty Publications

In Mississippi, the Pentatomidae complex infesting soybean is primarily composed of Euschistus servus, Nezara viridula, Chinavia hilaris, and Piezodorus guildinii. This study employed spray bioassays to evaluate the susceptibilities of these stink bugs to seven commonly used formulated insecticides: oxamyl, acephate, bifenthrin, λ-cyhalothrin, imidacloprid, thiamethoxam, and sulfoxaflor. Stinks bugs were collected from soybeans in Leland, MS, USA during 2022 and 2023, as well as from wild host plants in Clarksdale, MS. There was no significant difference in the susceptibility of C. hilaris to seven insecticides between two years, whereas P. guildinii showed slightly increased susceptibility to neonicotinoids in 2023. Among …

Field Evaluation Of Experimental Maize Hybrids For Resistance To The Fall Armyworm (Lepidoptera: Noctuidae) In A Warm Temperate Climate, Xinzhi Ni, Alisa Huffaker, Eric A. Schmelz, Wenwei Xu, W. Paul Williams, Baozhu Guo, Xianchun Li, Fangneng Huang

Faculty Publications

The polyphagous fall armyworm (FAW), Spodoptera frugiperda, has become an invasive pest worldwide in recent years. To develop maize germplasm with multiple pest resistance and understand genetic inheritance, 12 experimental hybrids (six pairs of reciprocal crosses) with diverse genetic backgrounds and four commercial checks were examined for FAW resistance in 2013 and 2014. The experiment utilized a randomized complete block design with four replications as the block factor. FAW injury on maize plants was assessed at 7 and 14 d after the artificial infestation at the V6 stage, and predatory arthropod taxa and abundance on maize seedlings were recorded 7 …

Illumina 16s Rrna Gene Sequencing Dataset Of Bacterial Communities Of Soil Associated With Ironwood Trees (Casuarina Equisetifolia) In Guam, Tao Jin, Robert L. Schlub, Claudia Husseneder

Faculty Publications

Ironwood trees, which are of great importance for the economy and environment of tropical areas, were first discovered to suffer from a slow progressive dieback in Guam in 2002, later referred to as ironwood tree decline (IWTD). A variety of biotic factors have been shown to be associated with IWTD, including putative bacterial pathogens Ralstonia solanacearum and Klebsiella species (K. variicola and K. oxytoca), the fungus Ganoderma australe, and termites. Due to the soilborne nature of these pathogens, soil microbiomes have been suggested to be a significant factor influencing tree health. In this project, we sequenced the microbiome in the …

Relational Turbulence And Couples’ Convergence And Divergence In Weekly Highs And Lows During Three Months Of The Covid-19 Pandemic Lockdown, Shaochun Li, Denise Haunani Solomon, Kellie St Cyr Brisini

Faculty Publications

Previous research has found relational benefits of interpersonal emotional convergence. Drawing on relational turbulence theory, we expected that partners’ convergence in emotional high and low points is associated with relational uncertainty, qualities of interdependence, and relational turbulence. These hypotheses were tested using data retrieved from a longitudinal project in which spouses in 64 American married couples independently reported high and low experiences and completed relationship measures every week for ten weeks from June to August of 2020. Results from multilevel models confirmed some of the hypothesized benefits of convergence in highs, but predictions about convergence in lows were largely unsupported. …

Callous–Unemotional Traits And Emotion Perception Accuracy And Bias In Youths, Enrica Ciucci, Andrea Baroncelli, Carolina Facci, Stefania Righi, Paul J. Frick

Faculty Publications

This study investigated the associations among conduct problems, callous–unemotional (CU) traits, and indices of emotion recognition accuracy and emotion recognition bias obtained from human faces. Impairments in emotion recognition were considered within broader, impaired emotional and social functioning. The sample consisted of 293 middle-school students (51.19% girls; M age = 12.97 years, SD = 0.88 years). In general, CU traits were associated with less accuracy in recognizing emotions, especially fearful and angry faces, and such deficits in emotional recognition were not associated with conduct problems independent of CU traits. These results support the importance of studying potential deficits in the …

Evaluation Of Organic And Synthetic Herbicide Applications On Weed Suppression In A Conventional Cropping System In Louisiana, Caitlin Denux, Aixin Hou, Lisa Fultz

Faculty Publications

Synthetic herbicides, with their varying modes of action, are well known for their efficiency in the suppression and control of weed species in U.S. agriculture. However, the consequences of using synthetic herbicides without attention to the surrounding environment produce chemical run-off, changes in soil health and soil health conditions, and create herbicide-resistant weeds. These outcomes have encouraged growers to seek alternative methods for their weed management programs or farming operations. Organic production systems and organic pesticides have helped address these challenges related to sustainability and environmental health. However, the use of organic herbicides in a conventional cropping system is not …

Ixpe Observation Confirms A High Spin In The Accreting Black Hole 4u 1957+115, L. Marra, M. Brigitte, N. Rodriguez Cavero, S. Chun, J. F. Steiner, M. Dovčiak, M. Nowak, S. Bianchi, F. Capitanio, A. Ingram, G. Matt, F. Muleri, J. Podgorný, J. Poutanen, J. Svoboda, R. Taverna, F. Ursini, A. Veledina, A. De Rosa, J. A. García, A. A. Lutovinov, I. A. Mereminskiy, R. Farinelli, S. Gunji, P. Kaaret, T. Kallman, H. Krawczynski, Y. Kan, K. Hu, A. Marinucci, G. Mastroserio, R. Mikus̆Incová, M. Parra

Faculty Publications

We present the results of the first X-ray polarimetric observation of the low-mass X-ray binary 4U 1957+115, performed with the Imaging X-ray Polarimetry Explorer in May 2023. The binary system has been in a high-soft spectral state since its discovery and is thought to host a black hole. The ∼571 ks observation reveals a linear polarisation degree of 1.9% ± 0.6% and a polarisation angle of −41^◦. 8 ± 7^◦. 9 in the 2–8 keV energy range. Spectral modelling is consistent with the dominant contribution coming from the standard accretion disc, while polarimetric data suggest a significant role …

New Genera And Species Of Caulobacter And Brevundimonas Bacteriophages Provide Insights Into Phage Genome Evolution, Bert Ely, Michael Hils, Aaron Clarke, Maegan Albert, Nadia Holness, Jacob Lenski, Tannaz Mohammadi

Faculty Publications

Previous studies have identified diverse bacteriophages that infect Caulobacter vibrioides strain CB15 ranging from small RNA phages to four genera of jumbo phages. In this study, we focus on 20 bacteriophages whose genomes range from 40 to 60 kb in length. Genome comparisons indicated that these diverse phages represent six Caulobacter phage genera and one additional genus that includes both Caulobacter and Brevundimonas phages. Within species, comparisons revealed that both single base changes and inserted or deleted genetic material cause the genomes of closely related phages to diverge. Among genera, the basic gene order and the orientation of key genes …

Teenage Blues: Predictors Of Depression Among Adolescents In Nigeria, Adefunke Dadematthews, Chukwuemeka Nzeakah, Lucky Onofa, Oluwagbemiga Dadematthews, Temitope Ogundare

Faculty Publications

Background Depressive disorders, with a prevalence of 15-21%, are among the most common disorders in children and adolescents, and increases the risk of suicide, the second leading cause of death in children aged 10 to 19. Aim To determine the prevalence and correlates of depressive disorders among senior students attending secondary schools in Abeokuta. Method The study was conducted in five schools randomly selected from a representative sample and was carried out in 2 phases. In the first phase, students were selected via systematic random sampling and given consent forms and GHQ-12 to administer to the parents. In the second …

Impacts Of Extreme Weather Events On Mortgage Risks And Their Evolution Under Climate Change: A Case Study On Florida, Raffaella Calabrese, Timothy Dombrowski, Antoine Mandel, R. Kelley Pace, Luca Zanin

Faculty Publications

We develop an additive Cox proportional hazard model with time-varying covariates, including spatio-temporal characteristics of weather events, to study the impact of weather extremes (heavy rains and tropical cyclones) on the probability of mortgage default and prepayment. We compare the survival model with a flexible logistic model and an extreme gradient boosting algorithm. We estimate the models on a portfolio of mortgages in Florida, consisting of 69,046 loans and 3,707,831 loan-month observations with localization data at the five-digit ZIP code level. We find a statistically significant and non-linear impact of tropical cyclone intensity on default as well as a significant …

Bibliography: Hisban Interactive Archive Project, Terry Dwain Robertson, Patricio Ordoñez

Faculty Publications

The comprehensive bibliography represents published books, articles and reports dealing with the original Heshbon Expedition (1968-1976) through the subsequent Hisban Cultural Heritage Project (1996-2022). In addition, the bibliography also includes publications dealing with other Madaba Plains Projects (1990-present). Support publications that reference this region, both historically and currently are also included. The current version includes over 1200 entries representing about 400 authors.

Open Educational Resources: Initiatives At The James White Library, Margaret Adeogun

Faculty Publications

No abstract provided.

Universal Design For Learning (Udl)- Strategies For Engaging Rural Youth Co-Researchers With Informal Stem Learning, Amanda Bastoni, Jayson Seaman, Andrew D. Coppens, Cindy Hartman, Kate Moscouver, Courtnie Lachaine

Faculty Publications

This article describes methods and findings from a study focused on youth living in rural communities in northern New Hampshire who struggle with accessing STEM learning opportunities for reasons including economic underinvestment and geographical isolation. These challenges also negatively impact researchers hoping to learn how rural youth benefit from informal STEM learning experiences, which contribute to low-project participation and retention rates. As in other amenity-rich rural areas, the communities in this study are promoting outdoor recreation as a vehicle for economic development. We wanted to understand if outdoor recreation activities tied to economic growth initiatives — activities which youth have …

Revisiting The Federal Circuit En Banc, Ryan Vacca

Faculty Publications

The United States Court of Appeals for the Federal Circuit ("Federal Circuit") holds exclusive jurisdiction over patent appeals and plays a vital role in shaping patent law and policy in the United States. Since its inception in 1982, the Federal Circuit has used en bane review as a crucial method to develop patent law and policy. Until recently, the court had been a model for en bane review by frequently hearing patent cases en bane, addressing important questions for a wide range of stakeholders in the patent system, and freely inviting amici to participate in the en bane process. Through …

Contagion. Ftx, A Sector's Crisis & Crypto's Silent Victims, Lev E. Breydo

Faculty Publications

Late 2022 was crypto’s Minsky moment, characterized by wholesale sector collapse and over a dozen major bankruptcies, including FTX’s implosion. For millions of investors, it was the worst of all worlds, combining the frenetic contagion of 2008 with consumer protections most reminiscent of the Panic of 1907.

While the industry’s challenges are often attributed to the nature of crypto itself, the true root cause reflects a fundamental category error. This Article’s comprehensive market taxonomy identifies as the sector’s nexus of risk entities it terms “Crypto Platforms,” like FTX. Crypto Platforms are essentially financial institutions – a cauldron of externalities subject …

Holding Aggressors Responsible For International Crimes: Implementing The Unequal Enforcement Doctrine, Nancy Amoury Combs

Faculty Publications

It is a fundamental tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party such as Russia — that illegally launches a war — benefits from all the same rights as a party such as Ukraine — that is forced to defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible because defenders should have more rights and fewer responsibilities than aggressors. Legal scholars continue to support the equal application doctrine, however, because they reasonably fear that applying different rules to …

The Real Wrongs Of Icwa, James G. Dwyer

Faculty Publications

Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children’s-rights based critique of the Act, explaining how it violates a fundamental right against state exertion of power over central aspects of persons’ private lives to their detriment for illicit purposes. In fact, the Act’s defenders are complicit in the same sort of government violence that motivated ICWA’s enactment—erasing aspects of children’s heritage …

Are Employee Noncompete Agreements Coercive? Why The Ftc's Wrong Answer Disqualifies It From Rulemaking (For Now), Alan J. Meese

Faculty Publications

The Federal Trade Commission recently proposed a rule banning nearly all employee noncompete agreements (“NCAs”) as unfair methods of competition under Section 5 of the Federal Trade Commission Act. The proposed rule reflects two complementary pillars of an aggressive new enforcement agenda championed by Commission Chair Lina Khan, a leading voice in the Neo-Brandeisian antitrust movement. First, such a rule depends on the assumption, rejected by most prior Commissions, that the Act empowers the Commission to issue legislative rules. Proceeding by rulemaking is essential, the Commission has said, to fight a “hyperconcentrated economy” that injures employees and consumers alike. Second, …

The Brady Database, Brandon L. Garrett, Adam M. Gershowitz, Jennifer Teitcher

Faculty Publications

The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to the defendant, is one of the most frequently litigated criminal procedure issues. Yet, despite decades of Brady cases in federal and state courts, we still know relatively little about how Brady claims are litigated, adjudicated, and what such claims can tell us about the criminal justice system writ large. Scholars are in the dark about how often Brady violations occur, whether it is primarily the fault of prosecutors or the police, whether violations …

A Threshold Assessment: Is Technology Among The Competencies Tested By The Mpre?, Amy A. Emerson

Faculty Publications

No abstract provided.

British Online Archives, Katherine Van Arsdale

Faculty Publications

No abstract provided.

Pulsed-Power Neutron Production With Deuterated Polymer Accelerator Targets, Anthony O. Hagey, Juan J. Manfredi, Whitman T. Dailey, S. L. Jackson, E. R. Kaiser, J, W. Schumer

Faculty Publications

This document presents an investigation of the effect of deuterated accelerator targets on the neutron fluence from a local mass injection dense plasma focus (LMIDPF) driven by the United States Naval Research Laboratory's (NRL) Hawk pulsed-power generator. Deuterated targets were made using two methods: a well-established thin-film casting technique for flat targets and a more novel additive manufacturing technique that allowed targets to be three-dimensional (3D) printed in both flat and conical geometries. These targets were then tested during neutron-producing experiments conducted using Hawk, and theneutron fluences measured for the various target types were compared. Additive manufacturing was used as …

Factors Affecting Iodine Content Of Cow Milk-A Review, Mmh Khandakar, Ma Islam

Faculty Publications

This review discusses the importance of iodine as an essential nutrient for human health and the factors that can influence the concentration of iodine in cow milk. For an adult, the daily recommended requirement of iodine is 150 µg/day and the maximum tolerable limit ranges from 600 to 1100 µg/day. Cow milk is a significant source of iodine in many countries, particularly in areas where iodine-rich foods are not readily available. Therefore, evaluating the variables that affect the iodine content of cow milk is important. The iodine concentration of cow milk can vary depending on several factors such as genetics, …

Covid-19 Vaccine Effectiveness Among People Living With And Without Hiv In South Carolina, Usa: Protocol Of A Population-Based Cohort Study, Xueying Yang, Jiajia Zhang Ph.D., Bankole Olatosi, Sharon Weissman, Xiaoming Li Ph.D.

Faculty Publications

Introduction Despite the effectiveness of COVID-19 vaccines in preventing severe COVID-19 outcomes, a small percentage of fully vaccinated persons will develop symptomatic or asymptomatic infections with SARSCoV-2, which is referred to as ‘breakthrough COVID-19’. People living with HIV (PLWH) appear to have an elevated risk of severe COVID-19 outcomes, yet the effectiveness of the COVID-19 vaccine in this population remains unclear due to the limited research efforts in this population in the real world. This study aims to characterise and compare the breakthrough COVID-19 (eg, prevalence and disease severity) between PLWH and non-PLWH and then examine whether HIV markers play …