Digital Commons Network^™

Sufficiency Of The Evidence Does Not Meet Daubert Standards: A Critique Of The Green-Sanders Proposal, Aaron Twerski, Lior Sapir

Faculty Scholarship

No abstract provided.

Guantanamo And The End Of Hostilities, Eric Talbot Jensen

Faculty Scholarship

Detainees in the War on Terror have been at Guantanamo Bay for over a decade. The justification for these detentions has been, at least in part, the on-going hostilities in Afghanistan. However, President Obama’s announcement in his 2013 State of the Union address that “By the end of [2014] our war in Afghanistan will be over” may undercut the continuing detention authority for at least some of these Guantanamo detainees. This paper analyzes the legal doctrine of release and repatriation in light of President Obama’s announcement and concludes that the President’s determination that hostilities have concluded between specific Parties to …

Future War, Future Law, Eric Talbot Jensen

Faculty Scholarship

Advancing technology will dramatically affect the weapons and tactics of future armed conflict, including the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought. These changes -- including continuing cyber conflict, increased use of autonomous weapon systems, the development of nanotechnology, and evolving virology capabilities -- will stress even the fundamental principles of the law of armed conflict, or LOAC. While it is likely that the contemporary LOAC will be sufficient to regulate the majority of future conflicts, the international community must be willing to evolve the …

Re-Storing The Earth: A Phenomenological Study Of Living Sustainably, Jessica B. Buckley

Faculty Scholarship

Living sustainably evokes ideas of lived, bodily engagement with and perception of the earth. Yet, modern ways of thinking and speaking have slowly alienated the earth from consciousness. Using phenomenological methods, the author examines the experience of living sustainably, exploring her own background and the idea of restoring the earth to consciousness, before examining the lives of two students dedicated to living sustainably. Components of upholding the earth, in-volving humanity, perceiving differences in studying and embodying sustainability, and engaging in choices fill the experience of living sustainably.

China And Africa: The Crucial Urban Connection, Xiangming Chen, Garth Myers

Faculty Scholarship

The relations between China and Africa have become increasingly complex over the last four decades. As China’s economic ties with Africa go beyond commodity-dominant trade, Xiangming Chen & Garth Myers consider China’s activities in Africa’s broader economy with a focus on urban infrastructure.

Testing Pathways Linking Exposure To Community Violence And Sexual Behaviors Among African American Youth, Dexter R. Voisin

Faculty Scholarship

Exposure to community violence and HIV sexual risks are two major public health concerns among youth. This study tests various pathways linking exposure to community violence and sexual behaviors among African American adolescents. Using a sample of 563 (61 % females) African American youth attending high school we examined whether problematic psychological symptoms, low school engagement, and/or negative perceptions of peer norms about safer sex functioned as pathways linking exposure to community violence and sexual behaviors. Major findings indicated that, for boys, the relationship between exposure to community violence and sexual début and sexual risk behaviors were linked by aggression. …

Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts

Faculty Scholarship

No abstract provided.

Government Nonedorsement, Nelson Tebbe

Faculty Scholarship

No abstract provided.

A Person-Centered Approach To Understanding Negative Reinforcement Drinking Among First Year College Students [Post-Print], Laura Holt, Stephen Armeli, Howard Tennen, Carol S. Austad, Sarah Raskin, Carolyn Fallahi, Rebecca Wood, Rivkah I. Rosen, Meredith Ginley, Godfrey D. Pearlson

Faculty Scholarship

The current study used a person-centered approach (i.e. latent profile analysis) to identify distinct types of college student drinkers based on the predictions of motivational, social learning, and stress and coping theories of maladaptive drinking. A large sample (N = 844; 53% female) of first-year undergraduates from two institutions, public and private, who reported consuming one or more drinks in the last three months completed measures of depressive and anxiety symptoms, positive alcohol-outcome expectancies, negative life events, social support, drinking motives, drinking level and drinking-related problems. Latent profile analysis revealed a small subgroup of individuals (n = 81, …

The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire

Faculty Scholarship

This study of appellate advocacy examines factors that affect judicial treatment of precedents identified in litigant briefs. Although we find some attorney and party characteristics influence whether a court addresses precedent cited by a party, legal resources are not as influential in determining whether the court adopts a party’s use of a precedent. At times, ideological congruence between the circuit panel and the litigant can increase the likelihood that the court’s opinion will use a precedent in the same way as presented by the litigants. There is also some support for the importance of attorney experience. Even when their clients …

Reanalyzing Cost-Benefit Analysis: Toward A Framework Of Function(S) And Form(S), Robert B. Ahdieh

Faculty Scholarship

The analysis herein arises from the collision course between the sweeping reforms mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and a single sentence of the U.S. Code, adopted nearly fifteen years earlier and largely forgotten ever since. Few were likely thinking of Section 106 of the National Securities Market Improvement Act when the Dodd-Frank Act was enacted on July 21, 2010. As applied by the D.C. Circuit less than a year later in Business Roundtable v. SEC, however, that provision’s peculiar requirement of cost-benefit analysis could prove the new legislation’s undoing.

To help navigate …

Identification Of Disufide Bond Formation Between Mitoneet And Glutamate Dehydrogenase 1., Morgan Roberts, Jacquelyn Crail, Megan Laffoon, William Fernandez, Michael Menze, Mary Konkle

Faculty Scholarship

MitoNEET is a protein that was identified as a drug target for diabetes, but its cellular function as well as its role in diabetes remains elusive. Protein pull-down experiments identified glutamate dehydrogenase 1 (GDH1) as a potential binding partner. GDH1 is a key metabolic enzyme with emerging roles in insulin regulation. MitoNEET forms a covalent complex with GDH1 through disulfide bond formation and acts as an activator. Proteomic analysis identified the specific cysteine residues that participate in the disulfide bond. This is the first report that effectively links mitoNEET to activation of the insulin regulator GDH1.

Virotech Patents, Viropiracy, And Viral Sovereignty, Peter K. Yu

Faculty Scholarship

Although there are many important intellectual property and public health developments in the United States, the domestic debate remains surprisingly disconnected from the international debate. To help bridge this disconnect, this Article discusses the interrelationship between intellectual property and public health in the context of communicable diseases. This type of disease is intentionally picked to highlight how developments abroad could easily affect what happens at home, and vice versa.

The first half of this Article recounts three distinct stories about viruses responsible for AIDS, SARS, and the avian influenza (H5N1). The first story focuses on the ongoing developments within the …

Parody As Brand, Stacey Dogan, Mark Lemley

Faculty Scholarship

Courts have struggled with the evaluation of parody under trademark law. While many trademark courts have protected parodies, there are a surprising number of cases that hold obvious parodies illegal. The problem is particularly severe with respect to parodies that are used to brand products, a growing category. The doctrinal tools that generally protect expressive parodies often don't apply to brand parodies. Our goal in this paper is to think about what circumstances (if any) should lead courts to find parody illegal. We conclude that, despite courts’ increasing attention to speech interests in recent years, the law’s treatment of parody …

The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax

Faculty Scholarship

This Article examines the future role of the FDA in the regulation of the dietary supplement industry. To address the role of the FDA in the twenty-first century with respect to the dietary supplement industry, Part I of this Article begins by describing the dietary supplement industry and the role of the FDA in this industry. In Part II, this Article provides a brief exposé of the tactics used by the tobacco industry to evade regulation. The purpose of Part II is to provide insight into the tobacco industry’s ability to manipulate consumers and discount scientific proof of the harmful …

Reflections On The Cost Of "Low-Cost" Whole Genome Sequencing: Framing The Health Policy Debate, Timothy Caulfield, Jim Evans, Amy Mcguire, Christopher Mccabe, Tania Bubela, Robert Cook-Deegan, Jennifer Fishman, Stuart Hogarth, Fiona A. Miller, Vardit Ravitsky, Barbara Biesecker, Pascal Borry, Mildred K. Cho, June C. Carroll, Holly Etchegary, Yann Joly, Kazuto Kato, Sandra Soo-Jim Lee, Karen H. Rothenberg, Pamela Sankar, Michael J. Szego, Pilar Ossorio, Daryl Pullman, Francois Rousseau, Wendy J. Ungar, Brenda Wilson

Faculty Scholarship

The cost of whole genome sequencing is dropping rapidly. There has been a great deal of enthusiasm about the potential for this technological advance to transform clinical care. Given the interest and significant investment in genomics, this seems an ideal time to consider what the evidence tells us about potential benefits and harms, particularly in the context of health care policy. The scale and pace of adoption of this powerful new technology should be driven by clinical need, clinical evidence, and a commitment to put patients at the centre of health care policy.

Associations Between Teacher Emotional Support And Depressive Symptoms In Australian Adolescents : A 5-Year Longitudinal Study., Patrick Pössel, Kathleen Moritz Rudasill, Michael G. Sawyer, Susan H. Spence, Annie C. Bjerg

Faculty Scholarship

Approximately one-fifth of adolescents develop depressive symptoms. Given that youth spend a good deal of their lives at school, it seems plausible that supportive relationships with teachers could benefit their emotional well-being. Thus, the purpose of this study is to examine the association between emotionally supportive teacher relationships and depression in adolescence. The so-called principle-effect and stress-buffer models could explain relationships between teacher emotional support and depressive symptoms, yet no study has used both models to test bidirectional relationships between teacher support and depressive symptoms in students separately by sex. Four thousand three hundred forty-one students (boys: n = 2063; …

Hopelessness The ‘Active Ingredient’? : Associations Of Hopelessness And Depressive Symptoms With Interleukin-6., Amanda M. Mitchell, Patrick Pössel, Elaine Sjögren, Margareta Kristenson

Faculty Scholarship

Objective: Previous research has revealed a relationship of depressive symptoms and hopelessness with cardiovascular diseases (CVDs) which are associated with elevated levels of interleukin-6 (IL-6). The objective of this study was to explore whether depressive symptoms and hopelessness are independent predictors of IL-6 levels. Method: Hopelessness, depressive symptoms, and IL-6 were measured in 45 Swedish adults (26 women and 19 men; age range: 31-65 years). Two separated linear regressions were conducted with hopelessness and depressive symptoms serving as individual predictors of IL-6. Another regression analysis examined whether the two predictors predict IL-6 when controlling for each other. The regression coefficients …

The Right To Quantitative Privacy, Danielle K. Citron, David Gray

Faculty Scholarship

We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all without serious consideration of the constitutional issues that these technologies raise. In United States v. Jones, the Supreme Court signaled an end to its silent acquiescence in this expanding surveillance state. In that case, five justices signed concurring opinions defending a revolutionary proposition: that citizens have Fourth Amendment interests in substantial quantities of …

Teaching Behaviour And Well-Being In Students : Development And Concurrent Validity Of An Instrument To Measure Student-Reported Teaching Behaviour., Patrick Possel, Kathleen Moritz Rudasill, Jill L. Adelson, Annie C. Bjerg, Don T. Wooldridge, Stephanie Winkeljohn Black

Faculty Scholarship

Teaching behavior has important implications for students’ emotional well-being. Multiple models suggest students’ perceptions of teaching behaviors are more critical than other measures for predicting well-being, yet student-report instruments that measure concrete and specific teaching behavior are limited. The purpose of the present studies is to develop an instrument to assess students’ perceptions of concrete and specific teaching behavior and to test which teaching behavior is associated students’ well-being. Construct validity and internal consistency for the 37-item Teaching Behavior Questionnaire (TBQ-S), composed of instructional, negative teaching, socioemotional, and organizational behavior were examined using data from two independent samples (Study 1: …

Probiotics: Finding The Right Regulatory Balance, Diane E. Hoffmann, Claire M. Fraser-Liggett, Frank B. Palumbo, Jacques Ravel, Karen H. Rothenberg, Virginia Rowthorn

Faculty Scholarship

Some products marketed as drugs should be excused from Phase I trials, but safety and efficacy claims for dietary supplements should be more tightly regulated.

The Kalman Filter For Linear Systems On Time Scales, Martin Bohner, Nick Wintz

Faculty Scholarship

We introduce the Kalman filter for linear systems on time scales, which includes the discrete and continuous versions as special cases. When the system is also stochastic, we show that the Kalman filter is an observer that estimates the system when the state is corrupted by noisy measurements. Finally, we show that the duality of the Kalman filter and the Linear Quadratic Regulator (LQR) is preserved in their unification on time scales. A numerical example is provided.

Intellectual Property Defenses, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

No abstract provided.

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Citizen Engagement In The Shrinking City: Toward Development Justice In An Era Of Growing Inequality, Barbara L. Bezdek

Faculty Scholarship

What are the aims of the revitalization conducted by local officials: for which social goods? Good for whom? By what means can the city’s people understand and influence the tradeoffs made by their government in the redevelopment of city blocks already occupied by residents. This is more than a matter of development finance or physical redevelopment. It is a question of social justice, of whose reality counts in the legal process utilized to reach development decisions and approve significant public subsidy for the projects that are remaking American cities.

Sherry Arnstein, writing in 1969 about citizen involvement in planning processes …

Quantified H I Morphology – Vii. Star Formation And Tidal Influence On Local Dwarf H I Morphology., Benne W. Holwerda, N. Pirzkal, W. J. G. De Blok, S. -L. Blyth

Faculty Scholarship

Scale-invariant morphology parameters applied to atomic hydrogen maps (H i) of galaxies can be used to quantify the effects of tidal interaction or star formation on the interstellar matter (ISM). Here we apply these parameters, concentration, asymmetry, smoothness, Gini, M20, and the GM parameter, to two public surveys of nearby dwarf galaxies, the Very Large Array-ANGST and Local Irregulars That Trace Luminosity Extremes-The H i Nearby Galaxy Survey, to explore whether tidal interaction or the ongoing or past star formation is a dominant force shaping the H i disc of these dwarfs. Previously, H i morphological criteria were identified for …

Legally Blind: The Therapeutic Illusion In The Support Study Of Extremely Premature Infants, George J. Annas, Catherine L. Annas

Faculty Scholarship

Physician-researchers follow a protocol to generate generalizable knowledge; physicians have a duty to treat patients in ways they and their patients think best. In both activities, research and treatment, physicians often see themselves simply as physicians, practicing medicine. Sick people have similar perception difficulties, and prefer to think of their physician-researcher simply as their physician, even when their treatment is ² determined by a protocol or the flip of a coin. Almost 20 years ago, in this Journal, one of us suggested that at least some researchers use language "to obscure; to blur or eliminate the distinctions between research …

Approval And Withdrawal Of New Antibiotics And Other Antiinfectives In The U.S., 1980-2009, Kevin Outterson, John H. Powers, Enrique Seoane, Rosa Rodriguez-Monguio, Aaron S. Kesselheim

Faculty Scholarship

Concerns about a dearth of antibiotic innovation have spurred calls for incentives to speed the development of new antibiotics. Our data demonstrates that many of the new molecular entity (NME) antibioticsintroduced in the last 3 decades were withdrawn from the market, at more than triple the rate of other drug classes. Adjusted for these withdrawals, the net introduction of NME antibiotics is not as troubling of a trend. The reduction in NME antibiotics was partially offset by a surge in the introduction of NME antiretrovirals for HIV/AIDS and other drug classes (such as cardiovascular drugs) posted similar declines.

These data …

“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Efficiency Theory: A Unifying Theory For Information, Computation And Intelligence, Roman V. Yampolskiy

Faculty Scholarship

The paper serves as the first contribution towards the development of the theory of efficiency: a unifying framework for the currently disjoint theories of information, complexity, communication and computation. Realizing the defining nature of the brute force approach in the fundamental concepts in all of the above mentioned fields, the paper suggests using efficiency or improvement over the brute force algorithm as a common unifying factor necessary for the creation of a unified theory of information manipulation. By defining such diverse terms as randomness, knowledge, intelligence and computability in terms of a common denominator we are able to bring together …