Digital Commons Network^™

Extending Single Molecule Fluorescence Observation Time By Amplitude-Modulated Excitation, Lydia Kisley

Faculty Scholarship

We present a hardware-based method that can improve single molecule fluorophore observation time by up to 1500% and super-localization by 47% for the experimental conditions used. The excitation was modulated using an acousto-optic modulator (AOM) synchronized to the data acquisition and inherent data conversion time of the detector. The observation time and precision in super-localization of four commonly used fluorophores were compared under modulated and traditional continuous excitation, including direct total internal reflectance excitation of Alexa 555 and Cy3, non-radiative Förster resonance energy transfer (FRET) excited Cy5, and direct epi-fluorescence wide field excitation of Rhodamine 6G. The proposed amplitude-modulated excitation …

Prevalence Of Metabolic Syndrome Among Urban Community Residents In China, Li Li, Zheng-Yi Chen, George E. Kikano, Kurt C. Stange, Nathan A. Berger

Faculty Scholarship

Background: Metabolic risk factors and abnormalities such as obesity and hypertension are rapidly rising among the Chinese population following China's tremendous economic growth and widespread westernization of lifestyle in recent decades. Limited information is available about the current burden of metabolic syndrome (MetS) in China. Methods. We analyzed data on metabolic risk factors among 22,457 adults aged ≥ 32 years participating in the "Zhabei Health 2020" survey (2009-2010), a cross-sectional study of a representative sample of community residents in Zhabei District. We defined MetS using Chinese-specific cut-off points for central obesity according to consensus criteria recently endorsed by several international …

Changed Circumstances: The Federal Rules Of Civil Procedure And The Future Of Institutional Reform Litigation After Horne V. Flores, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Collective Action Federalism And Its Discontents, Neil S. Siegel

Faculty Scholarship

An increasing number of scholars argue that the Commerce Clause is best read in light of the collective action problems that the nation faced under the Articles of Confederation. The work of these “collective action theorists” is reflected in Justice Ginsburg’s opinion in National Federation of Independent Business v. Sebelius. Writing for four Justices, she stressed the “collective-action impasse” at the state level to which the Affordable Care Act responds.

In its purest form, a collective action approach maintains that the existence of a significant problem of collective action facing two or more states is both necessary and sufficient for …

Getting Ready For School: Piloting Universal Prekindergarten In An Urban County, Robert L. Fischer, Tirth Bhatta, Claudia J. Coulton

Faculty Scholarship

Investments in high-quality early care and education have been shown to reap societal benefits across the lives of the children served. A key intervention point is in the lives of 3- to 5-year olds during the period prior to entering kindergarten. Many jurisdictions have developed broad-based prekindergarten initiatives. This study reports on a pilot universal prekindergarten program in 24 sites in the Cleveland, Ohio area. Child assessment data were collected on 204 children from early care classrooms for 3- to 5-year olds across 3 time points by trained observers using 2 standardized instruments. Changes in achievement scores were shown to …

Lessons On Terrorism And "Mistaken Identity" From Oak Creek, With A Coda On The Boston Marathon Bombings, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

Israel’S Rosit The Riveter: Between Secular Law And Jewish Law, Pnina Lahav

Faculty Scholarship

In the world of Judaism, the “end of men” is not in sight. Surely, tectonic plates are sliding and shifting, and a great deal of change is unfolding, but men are fighting hard to keep patriarchy alive. Deep inside, the Orthodox patriarchal man may be motivated by the sheer impulse to maintain his power, but outwardly he projects a profound commitment to his religious law, the law of God. He believes that his fight is a noble one ordained by divine will and that God is on his side. The problem is global; it appears in every Jewish community around …

Five Oft-Repeated Questions About China's Recent Rise As A Patent Power, Peter K. Yu

Faculty Scholarship

Policymakers, industries, commentators and the media have widely criticized China for its failure to adequately protect intellectual property rights. In recent years, however, the discourse on intellectual property developments in China has slowly begun to change. Such a change is the most notable in the patent area. Today, China is already among the top five countries filing patent applications through the Patent Cooperation Treaty (PCT). In 2011, the number of PCT applications increased by 33.4% to 16,406, earning China the fourth spot, behind only the United States, Japan and Germany. Among all the applicants, ZTE Corp. and Huawei Technologies had …

Removing Removal's Unanimity Rule, Jayne Ressler

Faculty Scholarship

No abstract provided.

A Global Approach To Legal Writing And Legal Research: An Evolutionary Process, Diane Edelman

Faculty Scholarship

No abstract provided.

Property: A Bundle Of Sticks Or A Tree?, Anna Di Robilant

Faculty Scholarship

In the United States, property debates revolve around two conceptual models of property: the ownership model, originally developed in Europe and now revisited by information theorists and classical liberal theorists of property, and the bundle of rights model, invented in the United States by Hohfeld and the Realists. This article retrieves an alternative concept of property, the tree concept of property. The tree concept of property was developed by European property scholars between 1900 and the 1950s, as part of Europe’s own “realist” moment. It envisions property as a tree: the trunk representing the owner’s right to govern the use …

Black Kinship Circles In The 21st Century: Survey Of Recent Child Welfare Reforms And How It Impacts Black Kinship Care Families, Sonia M. Gipson Rankin

Faculty Scholarship

The Black American community has been celebrated for the historical success of kinship care. With an eye on the long legal history of attempts to address kinship care families, the federal government created an exploratory program to concentrate on solving the three goals of child welfare. Title IV-E Flexible Waiver program of the Social Security Act implemented in 2005 was designed to address the permanency, wellbeing, and safety of children with the goal of decreasing the number of children in out-of-home care.

• This paper argues Title IV-E Flexible Waivers should be used to address the continued health and economic needs …

Analyzing The Function Of Cartilage Replacements: A Laboratory Activity To Teach High School Students Chemical And Tissue Engineering Concepts, Julie N. Renner

Faculty Scholarship

A cartilage tissue engineering laboratory activity was developed as part of the Exciting Discoveries for Girls in Engineering (EDGE) Summer Camp sponsored by the Women In Engineering Program (WIEP) at Purdue University. Our goal was to increase awareness of chemical engineering and tissue engineering in female high school students through a laboratory activity that incorporated a number of National Research Council learning objectives for science and engineering. This manuscript describes the context of the activity, detailed instructions to perform the activity, and a summary of the feedback. As a result of the activity, participants knew more about the chemical engineering …

Threats Demand Our Action, Margaret E. Montoya

Faculty Scholarship

Those of us who identify as progressive see this as a time when speaking up and engaging on public policy is our duty. I am writing to express my deep concern and dismay about the state of the federal government under Donald Trump. Like others, I have marched, donated, and joined Wednesday’s International Women’s Day protests against the administration of Donald Trump.

Health-Related Resource Use And Costs In Elderly Adults With And Without Mild Cognitive Impairment, Carolyn Zhu, Peter J. Whitehouse, Marian B. Patterson

Faculty Scholarship

Objectives To assess differences in resource use and cost between older adults with and without mild cognitive impairment (MCI) over time. Design Multicenter, longitudinal study. Setting Sixty-eight Alzheimer's Disease Cooperative Study (ADCS) sites in the United States. Participants Two hundred fifty-nine individuals diagnosed with MCI and 107 cognitively normal elderly adults followed annually for 3 years. Measurements The Resource Use Instrument (RUI) was used to capture medical and nonmedical care use. Generalized linear latent and mixed models were used to estimate differences in resource use and costs in older adults with and without MCI after controlling for clinical and demographic …

Andromeda Dwarfs In Light Of Modified Newtonian Dynamics, Stacy S. Mcgaugh

Faculty Scholarship

We compare the recently published velocity dispersions for 17 Andromeda dwarf spheroidals with estimates of the modified Newtonian dynamics predictions, based on the luminosities of these dwarfs, with reasonable stellar mass-to-light values and no dark matter. We find that the two are consistent within the uncertainties. We further predict the velocity dispersions of another 10 dwarfs for which only photometric data are currently available. © 2013. The American Astronomical Society. All rights reserved..

When Pregnancy Is An Injury: Rape, Law, And Culture, Khiara M. Bridges

Faculty Scholarship

This Article examines criminal statutes that grade more severely sexual assaults that result in pregnancy. These laws, which define pregnancy as a “substantial bodily injury,” run directly counter to positive constructions of pregnancy within culture. The fact that the criminal law, in this instance, reflects this negative, subversive understanding of pregnancy creates the possibility that this idea may be received within culture as a construction of pregnancy that is as legitimate as positive understandings. In this way, these laws create possibilities for the reimagining of pregnancy within law and society. Moreover, these laws recall the argumentation that proponents of abortion …

The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel

Faculty Scholarship

Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …

Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher

Faculty Scholarship

It is extraordinarily unlikely that the drafters of ERISA foresaw the effect the statute would have on federal courts and American economic life. It was originally conceived as a "pension bill of rights" designed to ensure that workers received the fixed monthly pension payment (based on tenure and average salary) that they had been promised. It grew, however, into the most litigated statute in the United States Code; to govern increasingly popular individual retirement savings accounts, e.g., 401(k) accounts;4 to be the central statute regulating employment based health insurance, which covers over one hundred and sixty million people; to be …

Quantitative Model For Measuring Line-Drawing Inequity, Bradley T. Borden

Faculty Scholarship

No abstract provided.

The Perils And Promise Of Teaching Margaret Montoya’S Máscaras Article In The First Year Law School Curriculum, Christian G. Fritz

Faculty Scholarship

Placing Máscaras squarely in the context of challenging students to engage in a critical analysis of law and their legal education, as well as frankly acknowledging how hard it is to talk about race honestly, would seem to be a good prescription for encouraging such discussions. The article has a relevance that goes far beyond the literature of Critical Race Theory. In the end, Máscaras has remarkable potential as a catalyst for discussing important questions about the nature of law in America.

A Critical Look At The ‘Critical Mass' Argument, Dawinder S. Sidhu

Faculty Scholarship

The Supreme Court's pending ruling in Fisher v. University of Texas at Austin is expected to largely decide how or even whether affirmative action can be used in college admissions. The university's argument for why minority enrollments need to reach a certain threshold, however, is problematic because it is inconsistent with previous court rulings involving race.

Proxy Citizenship And Transnational Advocacy: Colombian Activists From Putumayo To Washington, Dc, Winifred Tate

Faculty Scholarship

Proxy citizenship is the mechanism through which certain rights of citizenship—the ability to make claims for redress to a state—are conferred on activists through relationships with NGOs. Focusing on advocacy from within the policy process, U.S. and Colombian NGOs channeled political legitimacy and rights of access to Colombians, whose claims emerge from the experience of governance as articulated through testimony. This process, and its roots within the shared history of the Putumayo region of Colombia and Washington, DC, reveals emerging practices of citizenship claims and transnational political participation.

The Geopolitics Of Strategic Stability: Looking Beyond Cold Warriors And Nuclear Weapons, C. Dale Walton, Colin S. Gray

Faculty Scholarship

“Strategic stability” is a much-used, but under-analyzed, term. Before launching into any discussion of strategic stability in this century, it is necessary first to ask what we actually mean by strategic stability. Game theorists endeavor to define the phrase in very precise mathematical terms, but even among these specialists there is no settled agreement on its proper definition.1 In policy debates, meanwhile, the term is used very loosely to describe anything from rough parity in the sizes of nuclear arsenals to the perceived unlikelihood of an acute political crisis.

"'Petitions Without Number": Widows' Petitions And The Early Nineteenth-Century Origins Of Public Marriage-Based Entitlements, Kristin Collins

Faculty Scholarship

Between 1792 and 1858, Congress enacted approximately seventy-six public law statutes granting cash subsidies to large classes of military widows. War widows’ pensions were not wholly unknown in Anglo-American law before this time, but the widows’ pension system of the early nineteenth century was distinctive in both scope and kind: Congress rejected the class-based approach that had characterized war widows’ pensions of the eighteenth century by pensioning widows of rank-and-file soldiers, not just widows of officers, and by extending pensions to widows of veterans. This significant equalization and expansion of widows’ pensions resulted in the creation of the first broad-scale …

Of Smart Phone Wars And Software Patents, Stuart Graham, Saurabh Vishnubhakat

Faculty Scholarship

Among the main criticisms currently confronting the US Patent and Trademark Office are concerns about software patents and what role they play in the web of litigation now proceeding in the smart phone industry. We will examine the evidence on the litigation and the treatment by the Patent Office of patents that include software elements. We present specific empirical evidence regarding the examination by the Patent Office of software patents, their validity, and their role in the smart phone wars. More broadly, this article discusses the competing values at work in the patent system and how the system has dealt …

Zappers & Employment Tax Fraud, Richard Thompson Ainsworth

Faculty Scholarship

Beyond the grey area of worker misclassifications and general employment tax irregularities there are darker employment relationships where workers are intentionally paid in cash “off-the-books” or “under-the-table.” Grey employment relationships present civil enforcement issues that may become criminal; darker-relationships are criminal from the beginning. Zappers are found on the dark side.

Zappers are fraud-technologies that automatically (and remotely) skim cash from electronic cash registers (ECRs) or back room point of sales (POS) systems. Globally, tax auditors are finding that Zappers frequently provide the cash that is used to compensate “under-the-table” workers. In fact, a Zapper appears to be at the …

Fracking Surrounded By Misinformation, Alex Ritchie

Faculty Scholarship

No abstract provided.

The Meaning And Viability Of The Thirteenth Amendment, Dawinder S. Sidhu

Faculty Scholarship

No abstract provided.

The Protection Of Foreign Direct Investments In Developing And Emerging Markets Through The Instrumentality Of Arbitration: Fair Game?, Florence Shu-Acquaye

Faculty Scholarship

Investment treaties have tripled in the twenty-first century with over 170 countries signing onto bilateral investment treaties (BITs). Most BITs are made between a developed and a developing country, whereby a host country promises to protect home country's foreign direct investment (FDI) in exchange for the prospect of increased capital in the future. Hence, BITs tend to reduce the expected risks to FDI in that they stabilize a host country's existing investment environment, as well as provide a substitute for weak domestic laws and institutions that are often ill-equipped to protect FDI.