Digital Commons Network^™

The Causation Canon, Sandra F. Sperino

Faculty Publications

It is rare to witness the birth of a canon of statutory interpretation. In the past decade, the Supreme Court created a new canon-the causation canon. When a statute uses any causal language, the Court will assume that Congress meant to require the plaintiff to establish "but-for" cause.

This Article is the first to name, recognize and discuss this new canon. The Article traces the birth of the canon, showing that the canon did not exist until 2013 and was not certain until 2020. Demonstrating how the Court constructed this new canon yields several new insights about statutory interpretation.

The …

Solutions Still Searching For A Problem: A Call For Relevant Data To Support "Evergreening" Allegations, Erika Lietzan, Kristina M. L. Acri

Faculty Publications

For years pharmaceutical policymaking discussions have been revolving around allegations of supposed “evergreening” by pharmaceutical companies, and policymakers have considered a range of significant policy reforms — including to antitrust law and drug regulatory law — to address this purported problem. This paper evaluates empirical data offered to substantiate “evergreening” and explains that these data — though mostly accurate — do not support proposed policy changes.

The “evergreening” claim is that by securing additional patents and FDA-related exclusivities after approval of their new drugs, brand drug companies enjoy a period of exclusivity in the market that is longer than the …

S.W. Griffith: A Suitable Case For Indictment?, Mark Finnane, Jonathan Richards

Faculty Publications

In his 2021 book ‘Truth-Telling: History, Sovereignty and the Uluru Statement’, Henry Reynolds called for an inquiry into the historical record of Samuel Walker Griffith, Federation ‘father’ and first Chief Justice of the High Court of Australia. Reynolds’ iconoclasm targeted a historical figure whose name is memorialised in a Riverina town, a Canberra suburb and a Queensland university. Reynolds charged that Griffith was morally and politically responsible for the violence carried out by an agency of the Queensland government, the Native Police. This historically grounded allegation relates to Griffith's pre-Federation Queensland political career, 1874–93, when he served intermittently as Premier, …

Evaluation Of Fumigant And Non-Fumigant Nematicides For Management Of Rotylenchulus Reniformis On Sweetpotato, Tristan T. Watson, Caleb S. Hamm, J. Cole Gregorie

Faculty Publications

Reniform nematode (Rotylenchulus reniformis) is a major pest of sweetpotato in many production regions in Southern United States. Applying soil fumigants and non-fumigant nematicides are the primary management strategies available to growers. This study compared the relative efficacy of nematicides (1,3-dichloropropene, fluopyram, oxamyl, fluazaindolizine, aldicarb, Majestene, and fluensulfone) for management of reniform nematode on sweetpotato. Fumigating soil with 1,3-dichloropropene consistently reduced soil population densities of reniform nematode at the time of planting in both trial years (31 - 36% reduction relative to the untreated control); however, the duration of suppression varied greatly by growing season. A similar trend was observed …

Factors That Predict Weight Loss Success Differ By Diet Intervention Type, Jordan Losavio, Michael J. Keenan, Elizabeth A. Gollub, Heidi J. Silver

Faculty Publications

Background: Many types of diet intervention can achieve negative energy balance and successful weight loss in persons with obesity. However, within any dietary strategy, there is large inter-individual variation in the weight loss response. The aim of this study is to determine factors that predict weight loss success for diet interventions that vary by macronutrient and caloric composition. Methods: Participants with BMI 30.0 to 49.9 kg/m2 self-selected one of three diet intervention trials for weight loss: low carbohydrate (LOW CHO), low fat (LOW FAT), or low calorie (LOW KCAL). Multivariable regression models were developed to determine the significance of predictor …

Comparative Genomics Of The Niche-Specific Plant Pathogen Streptomyces Ipomoeae Reveal Novel Genome Content And Organization, Natasha R. Soares, José C. Huguet-Tapia, Dongli Guan, Christopher A. Clark, Kuei Ting Yang, Olivia R. Kluchka, Raju S. Thombal, Rendy Kartika, Jonathan H. Badger, Gregg S. Pettis

Faculty Publications

The sweet potato soil rot pathogen Streptomyces ipomoeae differs in disease pathology, host range, and virulence factor production from Streptomyces species that cause scab diseases on potato and other plant hosts. Nevertheless, previous phylogenomic analysis suggested S. ipomoeae and the oldest scab species, Streptomyces scabiei, are derived from a common ancestor. While genomes of scab pathogens have been described in some detail, similar knowledge of S. ipomoeae has been lacking. Here, we performed comparative genomic analyses involving both virulent and avirulent strains of S. ipomoeae, along with other plant-pathogenic and saprophytic Streptomyces spp. The txt gene cluster for the phytotoxin …

Ophiclypeus, A New Genus Of Cardiochilinae Ashmead (Hymenoptera, Braconidae) From The Oriental Region With Descriptions Of Three New Species, Ilgoo Kang, Mostafa Ghafouri Moghaddam, Michael J. Sharkey, Donald L.J. Quicke, Buntika A. Butcher, Christopher E. Carlton

Faculty Publications

A new genus of the braconid subfamily Cardiochilinae, Ophiclypeus gen. nov., is described and illustrated based on three new species: O. chiangmaiensis Kang, sp. nov. type species (type locality: Chiang Mai, Thailand), O. dvaravati Ghafouri Moghaddam, Quicke & Butcher, sp. nov. (type locality: Saraburi, Thailand), and O. junyani Kang, sp. nov. (type locality: Dalin, Taiwan). We provide morphological diagnostic characters to separate the new genus from other cardiochiline genera. A modified key couplet (couplet 5) and a new key couplet (couplet 16) are provided with detailed imag-es for Dangerfield’s key to the world cardiochiline genera to facilitate recognition of Ophiclypeus …

Effect Of Storage Temperature And Produce Type On The Survival Or Growth Of Listeria Monocytogenes On Peeled Rinds And Fresh-Cut Produce, Juan Moreira, Erika Mera, Vijay Singh Chhetri, Joan M. King, Thanos Gentimis, Achyut Adhikari

Faculty Publications

Whole and fresh-cut produce are minimally processed and susceptible to microbial contamination. This study evaluated the survival or growth of L. monocytogenes on peeled rinds, and fresh-cut produce at different storage temperatures. Fresh-cut fruits and vegetables, including cantaloupe, watermelon, pear, papaya, pineapple, broccoli, cauliflower, lettuce, bell pepper, and kale (25 g pieces) were spot inoculated with 4 log CFU/g of L. monocytogenes and stored at 4 or 13°C for 6 days. Cantaloupe and bell pepper rind disks (20 cm2), mimicking whole produce were inoculated with low inoculum level (4 log CFU/mL) and high inoculum level (6 log CFU/mL) and stored …

Challenges In The Combination Of Radiotherapy And Immunotherapy For Breast Cancer, Rui Zhang, Samantha D. Clark, Beibei Guo, Tianyi Zhang, Duane Jeansonne, Samithamby J. Jeyaseelan, Joseph Francis, Weishan Huang

Faculty Publications

Introduction: Immunotherapy (IT) is showing promise in the treatment of breast cancer, but IT alone only benefits a minority of patients. Radiotherapy (RT) is usually included in the standard of care for breast cancer patients and is traditionally considered as a local form of treatment. The emerging knowledge of RT-induced systemic immune response, and the observation that the rare abscopal effect of RT on distant cancer metastases can be augmented by IT, have increased the enthusiasm for combinatorial immunoradiotherapy (IRT) for breast cancer patients. However, IRT largely follows the traditional sole RT and IT protocols and does not consider patient …

A Bayesian Phase I/Ii Design To Determine Subgroup-Specific Optimal Dose For Immunotherapy Sequentially Combined With Radiotherapy, Beibei Guo, Yong Zang, Li Hsiang Lin, Rui Zhang

Faculty Publications

Sequential administration of immunotherapy following radiotherapy (immunoRT) has attracted much attention in cancer research. Due to its unique feature that radiotherapy upregulates the expression of a predictive biomarker for immunotherapy, novel clinical trial designs are needed for immunoRT to identify patient subgroups and the optimal dose for each subgroup. In this article, we propose a Bayesian phase I/II design for immunotherapy administered after standard-dose radiotherapy for this purpose. We construct a latent subgroup membership variable and model it as a function of the baseline and pre-post radiotherapy change in the predictive biomarker measurements. Conditional on the latent subgroup membership of …

Targeting The Aspergillus Flavus P2c Gene Through Host-Induced Gene Silencing Reduces A. Flavus Infection And Aflatoxin Contamination In Transgenic Maize, Yenjit Raruang, Olanike Omolehin, Dongfang Hu, Qijian Wei, Surassawadee Promyou, Lidiya J. Parekattil, Kanniah Rajasekaran, Jeffrey W. Cary, Kan Wang, Zhi Yuan Chen

Faculty Publications

Aspergillus flavus is an opportunistic fungal pathogen that infects maize and produces aflatoxins. Using biocontrol or developing resistant cultivars to reduce aflatoxin contamination has only achieved limited success. Here, the A. flavus polygalacturonase gene (p2c) was targeted for suppression through host-induced gene silencing (HIGS) to reduce aflatoxin contamination in maize. An RNAi vector carrying a portion of the p2c gene was constructed and transformed into maize B104. Thirteen out of fifteen independent transformation events were confirmed to contain p2c. The T2 generation kernels containing the p2c transgene had less aflatoxin than those without the transgene in six out of eleven …

The Nitrogen-Dependent Gaba Pathway Of Tomato Provides Resistance To A Globally Invasive Fruit Fly, Hao Li, Yuan Zhang, Hu Li, Gadi V. P. Reddy, Zhihong Li, Fajun Chen, Yucheng Sun, Zihua Zhao

Faculty Publications

Introduction: The primary metabolism of plants, which is mediated by nitrogen, is closely related to the defense response to insect herbivores. Methods: An experimental system was established to examine how nitrogen mediated tomato resistance to an insect herbivore, the oriental fruit fly (Bactrocera dorsalis). All tomatoes were randomly assigned to the suitable nitrogen (control, CK) treatment, nitrogen excess (NE) treatment and nitrogen deficiency (ND) treatment. Results: We found that nitrogen excess significantly increased the aboveground biomass of tomato and increased the pupal biomass of B. dorsalis. Metabolome analysis showed that nitrogen excess promoted the biosynthesis of amino acids in healthy …

Biology, Genetic Diversity, And Conservation Of Wild Bees In Tree Fruit Orchards, Olivia Kline, Ngoc T. Phan, Mitzy F. Porras, Joshua Chavana, Coleman Z. Little, Lilia Stemet, Roshani S. Acharya, David J. Biddinger, Gadi V.P. Reddy, Edwin G. Rajotte, Neelendra K. Joshi

Faculty Publications

Different species of bees provide essential ecosystem services by pollinating various agricultural crops, including tree fruits. Many fruits and nuts depend on insect pollination, primarily by wild and managed bees. In different geographical regions where orchard crops are grown, fruit growers rely on wild bees in the farmscape and use orchard bees as alternative pollinators. Orchard crops such as apples, pears, plums, apricots, etc., are mass-flowering crops and attract many different bee species during their bloom period. Many bee species found in orchards emerge from overwintering as the fruit trees start flowering in spring, and the active duration of these …

“Correct Provision Can Be Made For Their Wants: The Reading Rooms Of The Santa Fe Railroad, Suzanne Stauffer

Faculty Publications

No abstract provided.

Invasiveness, Biology, Ecology, And Management Of The Fall Armyworm, Spodoptera Frugiperda, Marc Kenis, Giovanni Benelli, Antonio Biondi, Paul André Calatayud, Roger Day, Nicolas Desneux, Rhett D. Harrison, Darren Kriticos, Ivan Rwomushana, Johnnie Van Den Berg, François Verheggen, Yong Jun Zhang, Lakpo Koku Agboyi, Régis Besmer Ahissou, Malick N. Ba, Julio Bernal, Adeney Freitas De Bueno, Yves Carrière, Geraldo Andrade Carvalho, Xue Xin Chen, Lizette Cicero, Hannalene Du Plessis, Regan Early, Patrick Fallet, Komi K.M. Fiaboe, Dnyaneshwar M. Firake, Georg Goergen, Astrid T. Groot, Raul N.C. Guedes, Ankita Gupta, Gao Hu, F. N. Huang, Lara R. Jaber

Faculty Publications

The fall armyworm (FAW), Spodoptera frugiperda (JE Smith, 1797), is a serious pest of several crops, particularly maize and other cereals. It has long been known as a pest in the Americas and has invaded most of Africa and parts of the Middle East, Asia, and Australia in the last six years. Its new status as an invasive species causing serious damage in many regions worldwide has highlighted the need for better understanding and has generated much research. In this article, we provide a comprehensive review of FAW covering its (i) taxonomy, biology, ecology, genomics, and microbiome, (ii) worldwide status …

Human Subthalamic Nucleus Neurons Differentially Encode Speech And Limb Movement, Karim Johari, Ryan M. Kelley, Kris Tjaden, Charity G. Patterson, Andrea H. Rohl, Joel I. Berger, Daniel M. Corcos, Jeremy D.W. Greenlee

Faculty Publications

Deep brain stimulation (DBS) of the subthalamic nucleus (STN), which consistently improves limb motor functions, shows mixed effects on speech functions in Parkinson’s disease (PD). One possible explanation for this discrepancy is that STN neurons may differentially encode speech and limb movement. However, this hypothesis has not yet been tested. We examined how STN is modulated by limb movement and speech by recording 69 single- and multi-unit neuronal clusters in 12 intraoperative PD patients. Our findings indicated: (1) diverse patterns of modulation in neuronal firing rates in STN for speech and limb movement; (2) a higher number of STN neurons …

Deep Brain Stimulation For Substance Use Disorder: A Systematic Review And Meta-Analysis, Nour Shaheen, Ahmed Shaheen, Can Sarica, Arun Singh, Mario Zanaty, Karim Johari, Andrew Yang, Theresa Zesiewicz, Brian Dalm, Yarema Bezchlibnyk, Andres M. Lozano, Oliver Flouty

Faculty Publications

Objective: Substance use disorder (SUD) is a significant public health issue with a high mortality rate. Deep brain stimulation (DBS) has shown promising results in treating SUD in certain cases. In this study, we conducted a meta-analysis to evaluate the efficacy of DBS in the treatment of SUD and reduction of relapse rates. Methods: We performed a thorough and methodical search of the existing scientific literature, adhering to the PRISMA guidelines, to identify 16 original studies that fulfilled our inclusion criteria. We used the evidence levels recommended by the Oxford Centre for Evidence-Based Medicine to assess bias. The R version …

Modern-Day Neanderthal Genetic Lifewriting, Interspecies Romance, And The Promise Of Multispecies Autoethnography, Travis Brisini

Faculty Publications

Advances in contemporary genetic science have reshaped the narratives whereby individuals and communities make sense of their personal, family, and communal histories. In this process, unknown connections have been revealed and familiar orthodoxies disrupted. This essay examines the consequences of a particularly unusual revelation - the dawning awareness of the presence of nonhuman and archaic human DNA in human genetic lines - for efforts at writing about identity and society. In this autoethnographic account, I examine my own genetic inheritance of Neanderthal DNA, and posit a performative concept of genetic life writing that begins to unpack the complexities of this …

How To Do The History Of Sexual Science, Benjamin Kahan, Greta Lafleur

Faculty Publications

This introduction maps the ways in which sexual scientific thought circulated during the fin de siècle, tracing the interconnections between and breaks in the global circuits of sexological thought and how this circuitry continues to structure sexuality in the present. In so doing, Kahan and LaFleur position their approach and that of the special issue as a whole within the larger field of sexology, placing it in more robust dialogue with sexuality studies and attending in particular to sexology's racial and imperial logics. They examine the ways in which racial science and colonial knowledge constitute sexual science as an amorphous …

Preliminary Findings From A Collaborative Storytelling Program On Life Participation And Communication Among Persons With Aphasia, Bijoyaa Mohapatra, Ranjini Mohan

Faculty Publications

Aims: The purpose of this study is to evaluate the outcomes of a remotely delivered collaborative storytelling program based on the TimeslipsTM approach in persons with aphasia (PWA). The program aims to improve social interaction, communication, and participation through a guided experience. Methods: Six PWA of mild-moderate severity and of fluent and nonfluent types participated in the program twice a week for seven weeks. They collaboratively created 28 free-form stories from staged pictures. PWA were tested pre- and post-treatment on several validated outcome measures representing each of the Living with Aphasia: Framework for Outcome Measurement (A-FROM) domains. PWA self-rated on …

Assessment Of Growing Condition Variables On Alfalfa Productivity, Ji Yung Kim, Kun Jun Han, Kyung Il Sung, Byong Wan Kim, Moonju Kim

Faculty Publications

This study was conducted to assess the impact of growing condition variables on alfalfa (Medicago sativa L.) productivity. A total of 197 alfalfa yield results were acquired from the alfalfa field trials conducted by the South Korean National Agricultural Cooperative Federation or Rural Development Administration between 1983 and 2008. The corresponding climate and soil data were collected from the database of the Korean Meteorological Administration. Twenty-three growing condition variables were developed as explaining variables for alfalfa forage biomass production. Among them, twelve variables were chosen based on the significance of the partial-correlation coefficients or potential agricultural values. The selected partial …

Bamboo Nanocellulose/Montmorillonite Nanosheets/Polyethyleneimine Gel Adsorbent For Methylene Blue And Cu(Ii) Removal From Aqueous Solutions, Xuelun Zhang, Feng Li, Xiyu Zhao, Jiwen Cao, Shuai Liu, You Zhang, Zihui Yuan, Xiaobo Huang, Cornelis F. De Hoop, Xiaopeng Peng, Xingyan Huang

Faculty Publications

In recent years, the scarcity of pure water resources has received a lot of attention from society because of the increasing amount of pollution from industrial waste. It is very important to use low-cost adsorbents with high-adsorption performance to reduce water pollution. In this work, a gel adsorbent with a high-adsorption performance on methylene blue (MB) and Cu(II) was prepared from bamboo nanocellulose (BCNF) (derived from waste bamboo paper) and montmorillonite nanosheet (MMTNS) cross-linked by polyethyleneimine (PEI). The resulting gel adsorbent was characterized by Fourier transform infrared spectroscopy (FTIR), field emission scanning electron microscopy (SEM), X-ray photoelectron spectroscopic (XPS), etc. …

Design, Alpha Testing, And Beta Testing Of A 3-D Printed Open-Hardware Portable Cryopreservation Device For Aquatic Species, William M. Childress, Yue Liu, Terrence R. Tiersch

Faculty Publications

Efforts in development of germplasm repositories to preserve genetic resources of aquatic species are impeded globally by a lack of standardized, inexpensive, reproducible, and portable cryopreservation technologies. The present work demonstrates a 3-D printed standardizable freezing device that can be used with nitrogen vapor shipping dewars for on-site sperm cryopreservation for aquatic species and be distributed as open-hardware. This device could hold 22 French straws (0.25-mL or 0.5-mL) and a quick-release ring design could eject straws directly into a canister inside a dewar by pressing a button after freezing. The final prototypes produced cooling rates of 1 to 68°C/min for …

Integrated Processes Turning Pepper Sauce Waste Into Valuable By-Products, Jicheng Shu, Yongqin Yin, Zhijun Liu

Faculty Publications

Background: Safe and efficient disposal of millions of tons of pepper sauce waste (PSW) can be a challenge to pepper sauce manufacturers that are concerned about creating environmental hazards from the processing (e.g., preservative salt and vinegar) and intrinsic (e.g., the pungent capsaicins) ingredients. It will be immensely beneficial to process these waste materials before they go to disposal. This work presents integrated approaches for a complete utilization of waste materials by removing and recovering valuable by-products and/or ingredients while succeeding to minimal to zero hazards. Methods: Laboratory- and pilot-scale extraction processes were used to demonstrate the recovery of intrinsic …

Acute Stressors Do Not Impair Short-Term Memory Or Attention In An Aged Mouse Model Of Amyloidosis, Giuliana M. Dimarco, Breanna N. Harris, Alena V. Savonenko, Paul L. Soto

Faculty Publications

Memory impairment in Alzheimer’s disease patients is thought to be associated with the accumulation of amyloid-beta peptides and tau proteins. However, inconsistent reports of cognitive deficits in pre-clinical studies have raised questions about the link between amyloid-beta and cognitive decline. One possible explanation may be that studies reporting memory deficits often involve behavioral assessments that entail a high stress component. In contrast, in tasks without a high stress component transgenic mice do not consistently show declines in memory. The glucocorticoid cascade hypothesis of aging and the vicious cycle of stress framework suggest that stress exacerbates dementia progression by initiating a …

Process Scores On Measures Of Learning And Memory: Issue 1, Dustin B. Hammers, Matthew Calamia

Faculty Publications

No abstract provided.

Process Scores On Measures Of Learning And Memory: Issue 2, Matthew Calamia, Dustin B. Hammers

Faculty Publications

No abstract provided.

Remote Assessment Of Negative Symptoms Of Schizophrenia, David G. Daniel, Alex S. Cohen, Dawn Velligan, Phillip D. Harvey, Larry Alphs, Michael Davidson, William Potter, Alan Kott, Nina Schooler, Christopher R. Brodie, Raeanne C. Moore, Pierre Lindenmeyer, Stephen R. Marder

Faculty Publications

In contrast to the validated scales for face-to-face assessment of negative symptoms, no widely accepted tools currently exist for remote monitoring of negative symptoms. Remote assessment of negative symptoms can be broadly divided into 3 categories: (1) remote administration of an existing negative-symptom scale by a clinician, in real time, using videoconference technology to communicate with the patient; (2) direct inference of negative symptoms through detection and analysis of the patient's voice, appearance, or activity by way of the patient's smartphone or other device; and (3) ecological momentary assessment, in which the patient self-reports their condition upon receipt of periodic …

Guest Editor’S Introduction: The Need For A Broader, More Inclusive Approach To Child And Adolescent Suicide Prevention, Ryan M. Hill

Faculty Publications

No abstract provided.

The Effects Of Internet-Based Cognitive Behavioral Therapy For Suicidal Ideation Or Behaviors On Depression, Anxiety, And Hopelessness In Individuals With Suicidal Ideation: Systematic Review And Meta-Analysis Of Individual Participant Data, Lasse B. Sander, Marie Beisemann, Philipp Doebler, Hannah Moon Micklitz, Ad Kerkhof, Pim Cuijpers, Philip Batterham, Alison Calear, Helen Christensen, Eva De Jaegere, Matthias Domhardt, Annette Erlangsen, Ozlem Eylem-Van Bergeijk, Ryan Hill, Charlotte Mühlmann, Marie Österle, Jeremy Pettit, Gwendolyn Portzky, Lena Steubl, Bregje Van Spijker, Joseph Tighe, Aliza Werner-Seidler, Rebekka Büscher

Faculty Publications

Background: Suicide is a global public health problem. Digital interventions are considered a low-threshold treatment option for people with suicidal ideation or behaviors. Internet-based cognitive behavioral therapy (iCBT) targeting suicidal ideation has demonstrated effectiveness in reducing suicidal ideation. However, suicidal ideation often is related to additional mental health problems, which should be addressed for optimal care. Yet, the effects of iCBT on related symptoms, such as depression, anxiety, and hopelessness, remain unclear. Objective: We aimed to analyze whether digital interventions targeting suicidal ideation had an effect on related mental health symptoms (depression, anxiety, and hopelessness). Methods: We systematically searched CENTRAL, …