Digital Commons Network^™

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Faculty Publications

In "Certainty, Fence Building, and the Useful Arts," 74 Ind. L.J. 759-800 (1999), the author, based upon contract theory, economic theory, and an empirical survey of federal district court judges, proposes that the United States adopt a patent opposition proceeding. Whereas United States trademark law allows for the publication of and third-party opposition to the issuance of a federal trademark, American patent law, unlike European and Asian patent systems, allows for no such proceeding regarding the patentability of a claimed invention before issuance.

Swingers: Morality Legislation & The Limits Of State Police Power, Raymond Shih Ray Ku

Faculty Publications

This article examines whether Florida can legitimately convict the swingers pursuant to the Florida Constitution specifically, and principles of constitutional law in general, and concludes that it cannot.

Toward Adding Further Complexity To The Internal Revenue Code: A New Paradigm For The Deductibility Of Capital Losses, Michelle A. Cecil

Faculty Publications

This article examines problems inherent in the current loss limitation system, arguing that it is ill-equipped to meet parallelism concerns and that cherrypicking is not a problem that a loss limitation scheme should address. The article also argues that the current system is both fundamentally unfair to taxpayers and promotes economic inefficiency in the marketplace. It proposes an alternative system for the tax treatment of capital losses that would allow such losses to offset all types of income, but only up to the tax rate that would have been imposed had the losses instead been capital gains. The article concludes …

Hindsight Bias And Tort Liability: Avoiding Premature Conclusions, Philip G. Peters Jr.

Faculty Publications

Cognitive psychologists know that judgments made in hindsight are distorted by two cognitive heuristics-hindsight bias and outcome bias. Hindsight bias makes bad outcomes seem more predictable in hindsight than they were ex ante. Outcome bias induces us to assume that people who cause accidents have been careless. Because of these biases, individuals who know that a bad outcome has occurred tend to evaluate prior conduct more harshly than they would if they were unaware of the actual outcome. In negligence actions, defendants are supposed to be judged by the reasonableness of their conduct, not by its outcome. Jurors are asked …

Some Aspects Of The Adsorption Of A Lennard-Jones Gas On A Rough Surface, Douglas Henderson, Pawel Bryk, Stefan Sokolowski

Faculty Publications

We study the adsorption, including wetting, of a Lennard-Jones gas on a rough surface consisting of rough layer on a smooth substrate with which the gas interacts via a 9-3 potential. The rough layer is two molecular diameters thick and consists of a disordered quenched matrix of hard spheres. As well as interacting with the other matrix spheres by the hard-sphere potential, the matrix molecules interact with the gas molecules by the hard-sphere potential. Hence, on average, the degree to which the gas molecules can approach the substrate depends only on the density of the matrix layer. The density of …

A Good Home For A Poor Man: Fort Polk And Vernon Parish, 1800-1940, Steven D. Smith

Faculty Publications

No abstract provided.

The Louisiana Native Guards: The Black Military Experience During The Civil War, By James G. Hollandsworth, Jr., Steven D. Smith

Faculty Publications

This contains a review of the title book, The Louisiana Native Guards: The Black Military Experience During the Civil War, by James G. Hollandsworth, Jr., as well as a review of an additional book:

Thank God My Regiment an African One: The Civil War Diary of Colonel Nathan W. Daniels, edited by C.P. Weaver

Cycle Starters: American Indian Doctorates As Role Models, Timothy Lintner

Faculty Publications

No abstract provided.

Biochemical And Biophysical Analysis Of The Intracellular Lipid Binding Proteins Of Adipocytes, Melanie A. Simpson, Vince J. Licata, Natalie Ribarik Coe, David A. Bernlohr

Faculty Publications

Adipocytes express two lipid-binding proteins; the major one termed the adipocyte lipid-binding protein or aP2 (ALBP/aP2) and a minor one referred to as the keratinocyte lipid-binding protein (KLBP). In order to evaluate the potential physiological roles for these proteins, their biochemical and biophysical properties have been analyzed and compared. ALBP/aP2 and KLBP exhibit similar binding affinities for most long-chain fatty acids; however, ALBP/aP2 exhibits a two to three-fold increased affinity for myristic, palmitic, oleic and linoleic acids, the predominant fatty acids of adipocytes. As measured by guanidinium hydrochloride denaturation, the stability of ALBP/aP2 is nearly 3 kcal/mol greater than that …

Hydrostatic Pressure Alters The Time Course Of Gtp[S] Binding To G Proteins In Brain Membranes From Two Congeneric Marine Fishes, Joseph F. Siebenaller, Thomas F. Murray

Faculty Publications

The effects of hydrostatic pressure on the receptor-stimulated exchange of guanosine triphosphate (GTP) for guanosine diphosphate (GDP) on the α subunit of G proteins were studied in two congeneric marine teleost fishes that differ in their depths of distribution. The poorly hydrolyzable GTP analog [35S]guanosine 5'-[γ-thio]triphosphate ([35S]GTP[S]) was used to monitor the modulation of signal transduction by the A(I) adenosine receptor agonist N6-R-(phenylisopropyl)adenosine (R-PIA) in brain membranes of the scorpaenids Sebastolobus alascanus and S. altivelis. The maximal binding (B(max)) and dissociation constant (K(d)) values, determined from equilibrium binding isotherms at atmospheric pressure (5°C), were similar in the two species. The …

Protein And Ligand Adaptation In A Retinoic Acid Binding Protein, Rekha Pattanayek, Marcia E. Newcomer

Faculty Publications

A retinoic acid binding protein isolated from the lumen of the rat epididymis (ERABP) is a member of the lipocalin superfamily. ERABP binds both the all-trans and 9-cis isomers of retinoic acid, as well as the synthetic retinoid (E)-4-[2-(5,6,7,8)-tetrahydro-5,5,8,8-tetramethyl-2 napthalenyl-1 propenyl]-benzoic acid (TTNPB), a structural analog of all-trans retinoic acid. The structure of ERABP with a mixture of all-trans and 9-cis retinoic acid has previously been reported. To elucidate any structural differences in the protein when bound to the all-trans and 9-cis isomers, the structures of all-trans retinoic acid-ERABP and 9-cis retinoic acid ERABP were determined. Our results indicate that …

Attributes Of Atmospheric Carbon Monoxide Oxidation By Maine Forest Soils, G. M. King

Faculty Publications

CO, one of the most important trace gases, regulates tropospheric methane, hydroxyl radical, and ozone contents. Ten to 25% of the estimated global CO flux may be consumed by soils annually. Depth profiles for 14CO oxidation and CO concentration indicated that CO oxidation occurred primarily in surface soils and that photooxidation of soil organic matter did not necessarily contribute significantly to CO fluxes. Kinetic analyses revealed that the apparent K(m) was about 18 nM (17 ppm) and the V(max) was 6.9 μmol g (fresh weight)-1 h-1; the apparent K(m) was similar to the apparent K(m) for atmospheric methane consumption, but …

The Making Of The Myth In Postcolonial Development: Material-Conceptual Landscape Transformation In Sixteenth-Century Veracruz, Andrew Sluyter

Faculty Publications

No abstract provided.

Costs Of Induced Responses And Tolerance To Herbivory In Male And Female Fitness Components Of Wild Radish, A. A. Agrawal, S. Y. Strauss, M. J. Stout

Faculty Publications

Theory predicts that plant defensive traits are costly due to trade-offs between allocation to defense and growth and reproduction. Most previous studies of costs of plant defense focused on female fitness costs of constitutively expressed defenses. Consideration of alternative plant strategies, such as induced defenses and tolerance to herbivory, and multiple types of costs, including allocation to male reproductive function, may increase our ability to detect costs of plant defense against herbivores. In this study we measured male and female reproductive costs associated with induced responses and tolerance to herbivory in annual wild radish plants (Raphanus raphanistrum). We induced resistance …

Genetic Analysis Of The Role Of Herpes Simplex Virus Type 1 Glycoprotein K In Infectious Virus Production And Egress, Timothy P. Foster, Konstantin G. Kousoulas

Faculty Publications

Herpes simplex virus type 1 (KOS)ΔgK is a mutant virus which lacks glycoprotein K (gK) and exhibits defects in virion egress (S. Jayachandra, A. Baghian, and K. G. Kousoulas, J. Virol. 69:5401-5413, 1997). To further understand the role of gK in virus egress, we constructed recombinant viruses, ΔgKhpd-1, -2, -3, and -4, that specified gK amino-terminal portions of 139, 239, 268, and 326 amino acids, respectively, corresponding to truncations immediately after each of the four putative membrane-spanning domains of gK. ΔgKhpd-1 and ΔgKhpd-2 viruses produced lower yields and smaller plaques than ΔgK. Numerous ΔgKhpd-1 capsids accumulated predominately within large double-membrane …

Perkinsus Marinus Extracellular Protease Modulates Survival Of Vibrio Vulnificus In Eastern Oyster (Crassostrea Virginica) Hemocytes, B. D. Tall, J. F. La Peyre, J. W. Bier, M. D. Miliotis, D. E. Hanes, M. H. Kothary, D. B. Shah, M. Faisal

Faculty Publications

The in vitro effects of the Perkinsus marinus serine protease on the intracellular survival of Vibrio vulnificus in oyster hemocytes were examined by using a time-course gentamicin internalization assay. Results showed that protease-treated hemocytes were initially slower to internalize V. vulnificus than untreated hemocytes. After 1 h, the elimination of K vulnificus by treated hemocytes was significantly suppressed compared with hemocytes infected with invasive and noninvasive controls. Our data suggest that the serine protease produced by P. marinus suppresses the vibriocidal activity of oyster hemocytes to effectively eliminate V. vulnificus, potentially leading to conditions favoring higher numbers of vibrios in …

Sequential Loss Of Two Neighboring Exons Of The Tropoelastin Gene During Primate Evolution, Zoltán Szabó, Simona A. Levi-Minzi, Angela M. Christiano, Carole Struminger, Mark Stoneking, Mark A. Batzer, Charles D. Boyd

Faculty Publications

Previous evidence has demonstrated the absence of exons 34 and 35 within the 3′ end of the human tropoelastin (ELN) gene. These exons encode conserved polypeptide domains within tropoelastin and are found in the ELN gene in vertebrate species ranging from chickens to rats to cows. We have analyzed the ELN gene in a variety of primate species to determine whether the absence of exons 34 and 35 in humans either is due to allelic variation within the human population or is a general characteristic of the Primates order. An analysis of the 3′ end of the ELN gene in …

Cointegration And Causality In International Agricultural Economics Research, Hector O. Zapata, José M. Gil

Faculty Publications

A review of literature on applications of Granger causality to problems in international agricultural economics research is summarized. The review relates to cointegration theory, and it identifies the areas where recent econometric developments may be of value. Testing procedures are outlined, and a discussion is provided on questions such as non-stationarity and asymptotic distribution of non-causality tests, the relationship between cointegration and causation, the relative merits of various testing procedures, and concerns about testing bivariate causality in higher dimensional models. Finally, a recent econometric development is discussed and its future use in applied research is discussed.

Use Of Western Immunoblot Analysis For Testing Moose Serum For Brucella Suis Biovar 4 Specific Antibodies, Matthew D. Edmonds, Felicia M. Ward, Todd M. O'Hara, Philip H. Elzer

Faculty Publications

To determine if 12 moose (Alces alces) from northern Alaska with agglutinating antibodies specific for Brucella spp. had been exposed to either B. suis biovar 4 or B. abortus biovar 1, western immunoblot serologic analysis was performed. Differential serologic responses to strain specific A and M antigenic variances of the lipopolysaccharide O-polysaccharide sugar allowed strain identification. Prior to examination, test sera were absorbed with killed whole cells from either B. abortus biovar 1, containing predominately A antigen (A+ M-); B. melitensis biovar 1, containing essentially M antigen (A-M+); or B. suis biovar 4, containing both antigenic types (A+ M+). The …

The Siderophore 2,3-Dihydroxybenzoic Acid Is Not Required For Virulence Of Brucella Abortus In Balb/C Mice, Bryan H. Bellaire, Philip H. Elzer, Cynthia L. Baldwin, R. Martin Roop

Faculty Publications

2,3-Dihydroxybenzoic acid (DHBA) is the only siderophore described for Brucella, and previous studies suggested that DHBA might contribute to the capacity of these organisms to persist in host macrophages. Employing an isogenic siderophore mutant (ΔentC) constructed from virulent Brucella abortus 2308, however, we found that production of DHBA is not required for replication in cultured murine macrophages or for the establishment and maintenance of chronic infection in the BALB/c mouse model.

Acute Clinical Disease In Cats Following Infection With A Pathogenic Strain Of Bartonella Henselae (Lsu16), Kathy L. O'Reilly, Rudy W. Bauer, Rebecca L. Freeland, Lane D. Foil, Keith J. Hughes, Kristen R. Rohde, Alma F. Roy, Rhett W. Stout, Patricia C. Triche

Faculty Publications

Bartonella henselae is the causative agent of human cat scratch disease as well as several serious sequelae of infections, including bacillary angiomatosis and bacillary peliosis. Conflicting reports describe the pathogenesis of B. henselae in the cat. In this study, we characterized a strain of B. henselae termed LSU16. This strain was isolated on rabbit blood agar from a naturally infected 10-month-old female cat during a recurrent episode of bacteremia. The bacterial species was confirmed by PCR- restriction fragment length polymorphism analysis. Nine cats were infected intradermally with 5 x 107 CFU of LSU16, and clinical signs, antibody responses, and bacteremia …

Labor Law Access Rules And Stare Decisis: Developing A Planned Parenthood-Based Model Of Reform, Rafael Gely, Leonard Bierman

Faculty Publications

This article deals with labor law access rules, particularly the rights of unions to gain access to employers' private property for organizing purposes. Professors Gely and Bierman provide a comprehensive analysis of the access issue and identify two major problems with the manner in which the Supreme Court has approached this area. First, the Supreme Court has dealt piecemeal with the various aspects of this problem without attempting to develop a coherent framework. Second, the Court has been reluctant to analyze the access issue within the context of today's workplace.Professors Gely and Bierman attribute the Supreme Court's flawed approach to …

Tax Exemptions And The Establishment Clause, Erika Lietzan

Faculty Publications

Churches are exempted from a variety of taxes collected by the various levels and jurisdictions of government in the United States. For instance, they are almost always exempt from payment of property tax at the local level and from payment of income tax to both state and federal government. They are often exempt from payment of state sales tax on the products they sell. A person making a contribution to a religious organization is usually entitled to deduct the contribution from his income when calculating both his state and his federal income taxes at the end of the taxable year. …

Ada Mediation After Sutton, Murphy And Albertson, James Levin

Faculty Publications

Judith Cohen's summary of the Interim ADA Mediation Standards in the last issue of The Journal of Alternative Dispute Resolution in Employment acknowledges the "skyrocketing" number of cases mediated under the Americans With Disabilities Act (ADA). The United States Supreme Court's recent opinions in Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc., and Albertson, Inc. v. Kirkingberg surprised many in the disability community by explicitly excluding an individual from ADA coverage if she mitigates her mental or physical impairment and the impairment as mitigated no longer substantially limits a major life activity. Will the Supreme Court's narrowing …

Gap-Anisotropic Model For The Narrow-Gap Kondo Insulators, Juana Moreno, P. Coleman

Faculty Publications

A theory is presented which accounts for the dynamical generation of a hybridization gap with nodes in the Kondo insulating materials CeNiSn and CeRhSb. By assuming that Coulomb interactions drive both charge and shape fluctuations of the Cerium f-state to high energies we are able to derive an effective three-channel Kondo lattice model. Interference amongst the different channels causes the hybridization to develop nodes and allows us to account for the formation of a nodal semi-metal. © 1999 Elsevier Science B.V. All rights reserved.

Host Galaxy Statistics, D. L. Band, D. H. Hartmann, B. E. Schaefer

Faculty Publications

The galaxies observed within the error boxes of gamma-ray bursts are inconsistent with the host galaxies predicted by the simplest "minimal" cosmological model where bursts emit ∼ 6 1050 ergs but are consistent with a standard candle energy of ∼ 1053 ergs (if radiated isotropically). Although these calculations utilize the host galaxy data but not the burst intensities, we have developed the methodology to use all the available observations to model the redshift and intensity distributions.

Severe New Limits On The Host Galaxies Of Gamma-Ray Bursts, B. E. Schaefer

Faculty Publications

Most burst models require bursters to reside in normal host galaxies with peak luminosities of L = 1 1057 photon s-1 or L = 2 1058 photon s-1. These models can be directly tested by looking for host galaxies in small GRB error boxes in either of two data sets: (1) 8 optical transients detected for SAX bursts and (2) 23 of the all-time bright bursts. If the hosts are normal galaxies, then analysis of either data set shows L > 6 1058 photon s-1. This result strongly rejects both luminosity cases provided bursters appear in normal host galaxies, with the …

Time Dilation And The Star Formation Scenario, M. Deng, B. E. Schaefer

Faculty Publications

We investigate the dependence of the redshift vs. brightness relation of GRBs upon the width of GRB luminosity function and the cosmological models. The relation is then fit to our observed time dilation data of GRBs. It is found that the best fit average luminosity ranges from L0 = 1.1 ± 0.3 1057 photons s-1 in a standard candle luminosity model to < L > = 8.7 ± 3.6 1057 photons s-1 in a cosmological model with a broad luminosity function φ(L) = C·L-β. Our fits suggest that it is only possible to accomodate the large distance scale suggested by the Star Formation …

The Late-Time Light Curve Of Sn 1998bw Associated With Grb 980425, Eric H. Mckenzie, Bradley E. Schaefer

Faculty Publications

We report 139 photometric observations through the B, V, and I filters of the supernova SN 1998bw, an object which is associated with the gamma-ray burst GRB 980425. Detailed light curves of this unique supernova can be compared with theoretical models, so we report here our light curve for 123 days between 1998 June 27 and 1998 October 28. The light curve of SN 1998bw is consistent with those of the Type Ic class. We find that the magnitude versus time relation for this supernova is linear to within 0.05 mag in all colors over the entire duration of our …

Severe Limits On Variations Of The Speed Of Light With Frequency, Bradley E. Schaefer

Faculty Publications

Explosive astrophysical events at high redshift can be used to place severe limits on the fractional variation in the speed of light with frequency (Δc/c), the photon mass (mγ), and the energy scale of quantum gravity (EQG). I find Δc/c<6.3×10-21 based on the simultaneous arrival of a flare in GRB 930229 with a rise time of 220±30μs for photons of 30 and 200 keV. The limit on mγ is 4.2×10-44g for GRB 980703 from radio to gamma ray observations. The limit on EQG is 8.3×1016GeV for GRB 930131 from 30 keV to 80 MeV photons. © 1999 The American Physical Society.