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The Sign Of The Four": Judicial Assignment And The Rule Of Law, Jonathan L. Entin Jan 1998

The Sign Of The Four": Judicial Assignment And The Rule Of Law, Jonathan L. Entin

Faculty Publications

This article will examine the issues of judicial assignment. Then the article will return to the Cameron situation in an effort to put that controversy into broader perspective. Finally, the article will consider state procedures that, for practical purposes, authorize litigants to make peremptory challenges to judges in certain circumstances. Those procedures have implications for the discussion of random assignments and for the way we think about Judge Cameron's charges.

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“Why Infer”? What The New Institutional Economics Has To Say About Law-Supplied Default Rules, Juliet P. Kostritsky Jan 1998

“Why Infer”? What The New Institutional Economics Has To Say About Law-Supplied Default Rules, Juliet P. Kostritsky

Faculty Publications

A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law-supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative framework for assessing the costs and benefits of legal interventions, they are incompletely justified. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve the fundamental issues of legal intervention. The Article uses that framework to critique the hypothetical bargain and Ayres/Gertner penalty …

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A Content Analysis Of Judicial Decision-Making: How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn Mercer Jan 1998

A Content Analysis Of Judicial Decision-Making: How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn Mercer

Faculty Publications

This article expands upon Professor Mercer's previous discussion of the efficacy of the primary caretaker standard in West Virginia.

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Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis Jan 1998

Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis

Faculty Publications

This article discusses another topic for clinical teachers to consider adding to their teaching agendas. In this paper, I identify the "value imperative" implicit in the attorney-client relationship and suggest that a perception by the client of high value in the relationship is necessary for its success. Briefly, I describe value in legal services as the client's perception of the ratio of benefits received from legal representation to the sacrifices necessary to obtain those benefits. The more the ratio favors benefits over sacrifices, the greater the value perceived by the client. I present a model describing value in legal services …

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Scholarship About Teaching, Jonathan L. Entin Jan 1998

Scholarship About Teaching, Jonathan L. Entin

Faculty Publications

This essay draws on that experience, focusing on approximately half a dozen particularly good articles that have appeared in the Journal during my editorial tenure. Most of these describe new ideas, offering detailed information for the curious reader who might want to emulate the author's approach or simply to learn what others in the legal academy are doing. Typically, however, these papers contain little or no meaningful assessment or evaluation. "Descriptive" is too often a pejorative term of dismissal. But good description is often an essential first step toward understanding. Because I believe that more rigorous evaluation could add to …

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The Power Paradox In Muslim Women’S Majales: North-West Pakistani Mourning Rituals As Sites Of Contestation Over Religious Politics, Ethnicity, And Gender, Mary E. Hegland Jan 1998

The Power Paradox In Muslim Women’S Majales: North-West Pakistani Mourning Rituals As Sites Of Contestation Over Religious Politics, Ethnicity, And Gender, Mary E. Hegland

Faculty Publications

During revolutions, rebellions, and movements, women are often called on to serve contradictory roles. They are asked to perform workpolitical, communicative, networking, recruiting, military, manual - that generally goes beyond the society's usual gender restrictions. At the same time, women serve as symbols of movement identity, unity, commitment, and righteous entitlement. To fit into this idealized symbolic image, individual women must fulfill often "traditional" or even exaggerated "feminine" behavioral and attitudinal requirements, such as loyalty, obedience, selflessness, sacrifice, and "proper" deportment: all in all, they are to put aside any personal aspirations and wishes for self-fulfillment and give their all …

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Crime Or Punishment: The Parental Corporal Punishment Defense - Reasonable And Necessary, Or Excused Abuse, Kandice Johnson Jan 1998

Crime Or Punishment: The Parental Corporal Punishment Defense - Reasonable And Necessary, Or Excused Abuse, Kandice Johnson

Faculty Publications

The parental right to use physical force to discipline and restrain children is a privilege firmly rooted in the American system of jurisprudence. This privilege is often asserted as a defense when parents are charged with a crime of aggression against their child. While the privilege to use disciplinary force is universally recognized as a defense in criminal actions, it is equally acknowledged that child abuse is a pervasive reality of American life. This article postulates that current laws, addressing assertion of the parental privilege defense in criminal actions, fail either to provide adequate guidance to parents or to sufficiently …

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Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells Jan 1998

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells

Faculty Publications

This essay defends against the wholesale castigation of women who support the President. It reveals that such criticism is wrong and unfair. Specifically, it demonstrates that the critics have unreasonably characterized women's responses to Clinton as hypocritical or extremely naive, rather than as examples of astute political decision-making. The essay further exposes the sexism underlying the critics' arguments, revealing that stereotypes regarding (1) women's role as the keeper of morals and (2) women as non-political or non-rational beings are at the heart of much of the criticism. By reinforcing these stereotypes, the critics pose a greater danger to women than …

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The Constitutionalization Of Law In The United States, William B. Fisch, Richard S. Kay Jan 1998

The Constitutionalization Of Law In The United States, William B. Fisch, Richard S. Kay

Faculty Publications

The constitution is that the federal courts and a majority of state court systems will only entertain a constitutional claim in the context of a concrete dispute involving adversary parties with a specific stake in the outcome, and abstract review in these systems is unknown.

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Analysis Of Resistance Gene-Mediated Defense Responses In Arabidopsis Thaliana Plants Carrying A Mutation In Cpr5, Jens Boch, Michelle L. Verbsky, Tara L. Robertson, John C. Larkin, Barbara N. Kunkel Jan 1998

Analysis Of Resistance Gene-Mediated Defense Responses In Arabidopsis Thaliana Plants Carrying A Mutation In Cpr5, Jens Boch, Michelle L. Verbsky, Tara L. Robertson, John C. Larkin, Barbara N. Kunkel

Faculty Publications

In resistant plants, pathogen attack often leads to rapid activation of defense responses that limit multiplication and spread of the pathogen. To investigate the signaling mechanisms underlying this process, we carried out a screen for mutants in the signaling pathway governing resistance in Arabidopsis thaliana to the bacterial pathogen Pseudomonas syringae. This involved screening for suppressor mutations that restored resistance to a susceptible line carrying a mutation in the RPS2 resistance gene. A mutant that conferred resistance by activating defense responses in the absence of pathogens was isolated. This mutant, which carries a mutation at the CPR5 locus and was …

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Crystal Structure Of Apo-Glycine N-Methyltransferase (Gnmt), R. Pattanayek, M. E. Newcomer, C. Wagner Jan 1998

Crystal Structure Of Apo-Glycine N-Methyltransferase (Gnmt), R. Pattanayek, M. E. Newcomer, C. Wagner

Faculty Publications

The crystal structure of the recombinant apo-form of glycine N- methyltransferase (GNMT) has been determined at 2.5 Å resolution. GNMT is a tetrameric enzyme (monomer M(r) = 32,423D(a), 292 amino acids) that catalyzes the transfer of a methyl group from S-adenosylmethionine (AdoMet) to glycine with the formation of S-adenosylhomocysteine (AdoHcy) and sarcosine (N- methylglycine). GNMT is a regulatory enzyme, which is inhibited by 5- methyltetrahydrofolate pentaglutamate and believed to control the ratio of AdoMet to AdoHcy in tissues. The crystals belong to the orthorhombic space group P21212 (a = 85.39, b = 174.21, c = 44.71 Å) and contain one …

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Effects Of Ammonium And Non-Ammonium Salt Additions On Methane Oxidation By Methylosinus Trichosporium Ob3b And Maine Forest Soils, G. M. King, S. Schnell Jan 1998

Effects Of Ammonium And Non-Ammonium Salt Additions On Methane Oxidation By Methylosinus Trichosporium Ob3b And Maine Forest Soils, G. M. King, S. Schnell

Faculty Publications

Additions of ammonium and non-ammonium salts inhibit atmospheric methane consumption by soil at salt concentrations that do not significantly affect the soil water potential. The response of soils to non-ammonium salts has previously raised questions about the mechanism of ammonium inhibition. Results presented here show that inhibition of methane consumption by non-ammonium salts can be explained in part by ion-exchange reactions: cations desorb ammonium, with the level of desorption varying as a function of both the cation and anion added; differential desorption results in differential inhibition levels. Differences in the extent of inhibition among ammonium salts can also be explained …

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Carbon Monoxide Oxidation By Bacteria Associated With The Roots Of Freshwater Macrophytes, Jeremy J. Rich, G. M. King Jan 1998

Carbon Monoxide Oxidation By Bacteria Associated With The Roots Of Freshwater Macrophytes, Jeremy J. Rich, G. M. King

Faculty Publications

The potential rates and control of aerobic root-associated carbon monoxide (CO) consumption were assessed by using excised plant roots from five common freshwater macrophytes. Kinetic analyses indicated that the maximum potential uptake velocities for CO consumption ranged from 0.4 to 2.7 μmol of CO g (dry weight)-1 h-1 for the five species. The observed rates were comparable to previously reported rates of root-associated methane uptake. The apparent half-saturation constants for CO consumption ranged from 50 to 370 nM CO; these values are considerably lower than the values obtained for methane uptake. The CO consumption rates reached maximum values at temperatures …

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Characterization Of Root-Associated Methanotrophs From Three Freshwater Macrophytes: Pontederia Cordata, Sparganium Eurycarpum, And Sagittaria Latifolia?, A. Calhoun, G. M. King Jan 1998

Characterization Of Root-Associated Methanotrophs From Three Freshwater Macrophytes: Pontederia Cordata, Sparganium Eurycarpum, And Sagittaria Latifolia?, A. Calhoun, G. M. King

Faculty Publications

Root-associated methanotrophic bacteria were enriched from three common aquatic macrophytes: Pontederia cordata, Sparganium eurycarpum, and Sagittaria latifolia. At least seven distinct taxa belonging to groups I and II were identified and presumptively assigned to the genera Methylosinus, Methylocystis, Methylomonas, and Methylococcus. Four of these strains appeared to be novel on the basis of partial 16S ribosomal DNA sequence analysis. The root-methanotroph association did not appear to be highly specific, since multiple methanotrophs were isolated from each of the three plant species. Group II methanotrophs were isolated most frequently; though less common, group I isolates accounted for three of the seven …

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Diversity Within Streptomyces Ipomoeae Based On Inhibitory Interactions, Rep-Pcr, And Plasmid Profiles, C. A. Clark, C. Chen, N. Ward-Rainey, G. S. Pettis Jan 1998

Diversity Within Streptomyces Ipomoeae Based On Inhibitory Interactions, Rep-Pcr, And Plasmid Profiles, C. A. Clark, C. Chen, N. Ward-Rainey, G. S. Pettis

Faculty Publications

Streptomyces soil rot is a destructive disease of sweetpotato (Ipomoea batatas) that causes yield loss resulting from decay of the feeder root system and reduced quality due to the presence of necrotic lesions on the storage roots. It is managed by the use of resistant cultivars, but variability of the pathogen has not been previously assessed. This study compared 36 strains of the pathogen Streptomyces ipomoeae from different locations in the United States and Japan. The strains could be separated into three groups on the basis of their ability to inhibit the growth of one another in in vitro assays. …

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Foraging Ecology Of The Philippine Flying Lemur (Cynocephalus Volans), E. William Wischusen, Milo E. Richmond Jan 1998

Foraging Ecology Of The Philippine Flying Lemur (Cynocephalus Volans), E. William Wischusen, Milo E. Richmond

Faculty Publications

Between August 1986 and September 1987, six Philippine flying lemurs (Cynocephalus volans) were observed foraging on 35 of 76 available species of trees, representing ≥12 families of ≥26 available families. Eight species were foraged on in amounts significantly greater than expected, given the tree's abundance on the study area, and four were foraged on significantly less than expected. The foraging strategy of C. volans involved foraging many times during the night, for short duration, in several different species of tree each night. This strategy differed from that of other arboreal folivores.

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The Evolving Landscape: Homer Aschmann's Geography, Andrew Sluyter Jan 1998

The Evolving Landscape: Homer Aschmann's Geography, Andrew Sluyter

Faculty Publications

No abstract provided.

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From Archive To Map To Pastoral Landscape: A Spatial Perspective On The Livestock Ecology Of Sixteenth-Century New Spain, Andrew Sluyter Jan 1998

From Archive To Map To Pastoral Landscape: A Spatial Perspective On The Livestock Ecology Of Sixteenth-Century New Spain, Andrew Sluyter

Faculty Publications

No abstract provided.

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A Favored Place: San Juan River Wetlands, Central Veracruz, Ad 500 To The Present. By Alfred H. Siemens, Andrew Sluyter Jan 1998

A Favored Place: San Juan River Wetlands, Central Veracruz, Ad 500 To The Present. By Alfred H. Siemens, Andrew Sluyter

Faculty Publications

No abstract provided.

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An Investigation On The Influence Of Feline Flea Allergy On The Fecundity Of The Cat Flea, Beth J. Mcdonald, Carol S. Foil, Lane D. Foil Jan 1998

An Investigation On The Influence Of Feline Flea Allergy On The Fecundity Of The Cat Flea, Beth J. Mcdonald, Carol S. Foil, Lane D. Foil

Faculty Publications

Survival, egg production and egg viability of fleas allowed to feed on eight flea-allergic and six flea-naive cats were compared. Fifty fleas, in feeding cages or free roaming, were allowed to feed on the cats. Flea-allergic cats removed significantly more free-roaming fleas than did flea-naive cats. Female fleas produced fewer eggs on flea-allergic cats than on flea-naive cats regardless of feeding method. There was no significant difference in egg viability between the two groups. The data suggest that flea-allergic cats efficiently removed fleas by grooming and that they also produce unknown factor(s) that affect the fecundity of fleas.

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Active Immunization Of Japanese Quail Hens With A Recombinant Chicken Inhibin Fusion Protein Enhances Production Performance, J. D. Moreau, D. G. Satterlee, J. J. Rejman, G. G. Cadd, K. G. Kousoulas, W. C. Fioretti Jan 1998

Active Immunization Of Japanese Quail Hens With A Recombinant Chicken Inhibin Fusion Protein Enhances Production Performance, J. D. Moreau, D. G. Satterlee, J. J. Rejman, G. G. Cadd, K. G. Kousoulas, W. C. Fioretti

Faculty Publications

The effects of active immunization against inhibin on production performance in female Japanese quail (Coturnix coturnix japonica) were assessed in two separate trials using an MBP-cINA521 fusion protein as an immunogen. The fusion protein, MBP-cINA521, consisted of the bacterial maltose binding protein (MBP) and a truncated form of the mature α-subunit of chicken inhibin (cINA521). MBP-cINAl521 was constructed by: 1) excising a 521-bp PstI fragment from a chicken inhibin α-subunit cDNA (cINA6; gift of P. A. Johnson), 2) cloning this fragment, which encodes all but the first 11 amino acid residues of the mature α-subunit, into the pMal-c2 vector of …

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Isolation, Culture And Characterization Of A Primary Fibroblast Cell Line From Channel Catfish, Quiyang Zhang, Richard K. Cooper, William R. Wolters, Terrence R. Tiersch Jan 1998

Isolation, Culture And Characterization Of A Primary Fibroblast Cell Line From Channel Catfish, Quiyang Zhang, Richard K. Cooper, William R. Wolters, Terrence R. Tiersch

Faculty Publications

A primary cell line (designated as CCf) derived from caudal fin tissue of channel catfish, Ictalurus punctatus, was developed using explant techniques. The cell line grew fastest in media supplied with FBS and channel catfish serum. The duplication time of the cell line under optimal conditions was ~56 h at a plating density of 1.1 x 105 cells/ml. The cell line has been propagated continuously for 25 passages (1:4 dilution per passage), cryopreserved, and recovered successfully at different passages. The cultured cells had fibroblastic morphology, and synthesized fibronectin and Type I and III collagens in the cytoplasm. The cell line …

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Interactive Effects Of Sodium Bentonite And Coccidiosis With Monensin Or Salinomycin In Chicks, S. J. Gray, T. L. Ward, L. L. Southern, D. R. Ingram Jan 1998

Interactive Effects Of Sodium Bentonite And Coccidiosis With Monensin Or Salinomycin In Chicks, S. J. Gray, T. L. Ward, L. L. Southern, D. R. Ingram

Faculty Publications

Three experiments (Exp.) were conducted to determine the interactive effects of sodium bentonite (NaB) with the efficacy of monensin (MON) or salinomycin (SAL) in coccidiosis-infected chicks. Male broiler chicks 5 to 14 d of age were used, and each treatment was replicated with eight (Exp. 1) or four (Exp. 2 and 3) pens of five chicks each. In Exp. 1, MON (80 ppm), NaB (0.50%), or MON+NaB were fed to uninfected and coccidiosis-infected (5 × 105 sporulated Eimeria acervulina oocysts on Day 2 of the Exp.) chicks in a 2 × 2 × 2 factorial arrangement of treatments. Experiment 2 …

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Performance And Metabolic Responses Of Young Dairy Calves Fed Diets Supplemented With Chromium Tripicolinate, C. L. Depew, L. D. Bunting, J. M. Fernandez, D. L. Thompson, R. W. Adkinson Jan 1998

Performance And Metabolic Responses Of Young Dairy Calves Fed Diets Supplemented With Chromium Tripicolinate, C. L. Depew, L. D. Bunting, J. M. Fernandez, D. L. Thompson, R. W. Adkinson

Faculty Publications

Forty-two Holstein calves were used to study performance and metabolic responses when milk replacer and then postweaning starter were supplemented with 1 ppm of Cr as Cr-tripicolinate. From birth through 8 wk of age, supplemental Cr tended to improve the growth performance of bull calves but not of heifer calves. Starter intake and feed efficiency were not affected by supplemental Cr. From 1 to 5 wk of age, plasma cortisol concentrations sampled just prior to feeding decreased, and concentrations of insulinlike growth factor-I increased. All calves appeared to become less sensitive to insulin as they aged. From 1 to 5 …

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Interactive Effects Of Sodium Bentonite And Coccidiosis With Monensin Or Salinomycin In Chicks, S. J. Gray, T. L. Ward, L. L. Southern, D. R. Ingram Jan 1998

Interactive Effects Of Sodium Bentonite And Coccidiosis With Monensin Or Salinomycin In Chicks, S. J. Gray, T. L. Ward, L. L. Southern, D. R. Ingram

Faculty Publications

Three experiments (Exp.) were conducted to determine the interactive effects of sodium bentonite (NaB) with the efficacy of monensin (MON) or salinomycin (SAL) in coccidiosis-infected chicks. Male broiler chicks 5 to 14 d of age were used, and each treatment was replicated with eight (Exp. 1) or four (Exp. 2 and 3) pens of five chicks each. In Exp. 1, MON (80 ppm), NaB (0.50%), or MON+NaB were fed to uninfected and coccidiosis-infected (5 × 105 sporulated Eimeria acervulina oocysts on Day 2 of the Exp.) chicks in a 2 × 2 × 2 factorial arrangement of treatments. Experiment 2 …

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The Lysine Requirement And Ratio Of Total Sulfur Amino Acids To Lysine For Chicks Fed Adequate Or Inadequate Lysine, T. A. Knowles, L. L. Southern Jan 1998

The Lysine Requirement And Ratio Of Total Sulfur Amino Acids To Lysine For Chicks Fed Adequate Or Inadequate Lysine, T. A. Knowles, L. L. Southern

Faculty Publications

Experiments (Exp.) were conducted with Cornish Rock males (4 to 14 or 15 d of age) to determine the Lys requirement (Exp. 1) and the optimum ratio of TSAA:Lys for chicks fed adequate or inadequate Lys (Exp. 2). In Exp. 1, 180 chicks were allotted on the basis of BW to six treatments with six replications of five chicks each in a completely randomized design (CRD). Average initial and final BW were 73.5 and 415.5 g. The Lys levels fed were: 0.8, 0.9, 1.0, 1.1, 1.2, and 1.3% digestible Lys. In Exp. 2, 240 chicks were allotted on the basis …

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Estimating African American Admixture Proportions By Use Of Population- Specific Alleles, Esteban J. Parra, Amy Marcini, Joshua Akey, Jeremy Martinson, Mark A. Batzer, Richard Cooper, Terrence Forrester, David B. Allison, Ranjan Deka, Robert E. Ferrell, Mark D. Shriver Jan 1998

Estimating African American Admixture Proportions By Use Of Population- Specific Alleles, Esteban J. Parra, Amy Marcini, Joshua Akey, Jeremy Martinson, Mark A. Batzer, Richard Cooper, Terrence Forrester, David B. Allison, Ranjan Deka, Robert E. Ferrell, Mark D. Shriver

Faculty Publications

We analyzed the European genetic contribution to 10 populations of African descent in the United States (Maywood, Illinois; Detroit; New York; Philadelphia; Pittsburgh; Baltimore; Charleston, South Carolina; New Orleans; and Houston) and in Jamaica, using nine autosomal DNA markers. These markers either are population-specific or show frequency differences >45% between the parental populations and are thus especially informative for admixture. European genetic ancestry ranged from 6.8% (Jamaica) to 22.5% (New Orleans). The unique utility of these markers is reflected in the low variance associated with these admixture estimates (SEM 1.3%-2.7%). We also estimated the male and female European contribution to …

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Egg Parasitoids Of Homalodisca Coagulata (Homoptera: Cicadellidae), Serguei V. Triapitsyn, Russell F. Mizell, Janice L. Bossart, Christopher E. Carlton Jan 1998

Egg Parasitoids Of Homalodisca Coagulata (Homoptera: Cicadellidae), Serguei V. Triapitsyn, Russell F. Mizell, Janice L. Bossart, Christopher E. Carlton

Faculty Publications

A survey of egg parasitoids of the leafhopper Homalodisca coagulata was conducted in California, Florida and Louisiana. The mymarid wasp Gonatocerus ashmeadi was found to be the most common natural enemy in all locations sampled; G. fasciatus and the trichogrammatid Zagella sp. are recognized as potential biological control agents for introduction into southern California.

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Identification And Characterization Of A 14-Kilodalton Brucella Abortus Protein Reactive With Antibodies From Naturally And Experimentally Infected Hosts And T Lymphocytes From Experimentally Infected Balb/C Mice, R. L. Chirhart-Gilleland, M. E. Kovach, P. H. Elzer, S. R. Jennings, R. M. Roop Jan 1998

Identification And Characterization Of A 14-Kilodalton Brucella Abortus Protein Reactive With Antibodies From Naturally And Experimentally Infected Hosts And T Lymphocytes From Experimentally Infected Balb/C Mice, R. L. Chirhart-Gilleland, M. E. Kovach, P. H. Elzer, S. R. Jennings, R. M. Roop

Faculty Publications

A low-molecular-weight recombinant Brucella abortus protein reactive with antibodies from a variety of naturally and experimentally infected hosts and T lymphocytes from experimentally infected mice was identified and given the designation BA14K. The gene encoding BA14K was cloned and characterized, and the predicted amino acid sequence of this immunoreactive protein showed no significant homology with previously described proteins. Sequences homologous to the cloned fragment encoding BA14K were identified by Southern blot analysis of genomic DNAs from representatives of all of the currently recognized Brucella species. Studies employing BA14K should contribute to our efforts to better understand the antigenic specificity of …

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Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri Jan 1998

Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri

Faculty Publications

This paper focuses on the political and moral debate surrounding two pieces of federal legislation which sought to criminalize a particular late term abortion technique scientifically known as "intact dilation and extraction," and popularly known as "partial birth abortion." The Congressional "Partial Birth Abortion" Bans of 1996 and 1997 inflamed the already emotionally charged contest over abortion rights. The intense lobbying and advocacy efforts put pro-choice activists in the uncomfortable position of having to defend one of the most extreme positions on the abortion-rights spectrum. The advocacy was further complicated by the fact that very few women obtain late term …

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