Digital Commons Network^™

Scott V. Sandford: The Court's Most Dreadful Case And How It Changed History, Paul Finkelman

Chicago-Kent Law Review

Dred Scott, without doubt, is the most controversial case in the history of the United States Supreme Court. Unlike the controversies that surround other decisions of the Court, the controversy surrounding Dred Scott does not turn on if the outcome or Chief Justice Taney's analysis was wrong, but rather on why the outcome and Chief Justice Taney's analysis were wrong. This article focuses on the political goals Taney attempted to accomplish through his decision in Dred Scott. Though there existed reasons for Taney's belief that his decision in Dred Scott would once and for all end the political …

The New Fiction: Dred Scott And The Language Of Judicial Authority, Mark A. Graber

Chicago-Kent Law Review

Claims that the Justices in Dred Scott abandoned a tradition of judicial restraint rely on an anachronistic measure for judicial activism. Antebellum Justices asserted that laws were unconstitutional only when restraining state officials. Judicial etiquette, in their opinion, required more circumspection when imposing constitutional limits on a coordinate branch of the national government. Contrary to accepted wisdom, the Justices before the Civil War imposed constitutional limitations on federal power in approximately twenty cases. They did so, however, without explicitly declaring federal legislation unconstitutional. The Justices in some federal cases ignored the plain meaning of federal statutes on the ground that …

Dred Scott: Tiered Citizenship And Tiered Personhood, Henry L. Chambers Jr.

Chicago-Kent Law Review

The Dred Scott Court accepted and perpetuated the notion that our Constitution afforded multiple tiers of citizenship and multiple tiers of personhood through which different groups of citizens and different groups of persons would receive varying sets of rights. Through their language and interpretation, the Reconstruction Amendments largely resolved this issue by providing a formal equality that created a single tier of citizenship and a single tier of personhood. Though, as a formal matter, tiered citizenship and tiered personhood are unacceptable, the issue is not fully resolved as a practical matter. Tiered citizenship and tiered personhood may exist when the …

Emergence Of Equality As A Constitutional Value: The First Century, William M. Wiecek

Chicago-Kent Law Review

Equality as a constitutional value was unprecedented when it made its appearance in 1868 in the Equal Protection Clause of the Fourteenth Amendment. It reflected antebellum abolitionist ideals adopted hesitantly by Northern Republicans during Reconstruction, but these were incompatible with the expectations of most white Americans of the era, as well as with all previous American experiences. In this sense, equality was a revolutionary constitutional value. The framers of the Fourteenth Amendment intended the Equal Protection Clause and its embedded ideal of interracial equality to reverse the racist dicta of the Dred Scott opinion, to validate the Civil Rights Act …

The Last Angry Man: Benjamin Robbins Curtis And The Dred Scott Case, Earl M. Maltz

Chicago-Kent Law Review

The dissenting opinion of Justice Benjamin Robbins Curtis in Dred Scott has generally received lavish praise from commentators. Curtis is typically praised not only for his substantive conclusions, but also for his seemingly dispassionate analysis of the legal issues presented by the case. In many respects, this praise is well-deserved; Curtis's discussions of the issues of slavery in the territories and citizenship for free blacks are models of legal reasoning. However, a close analysis of other aspects of his opinion reveals that Curtis's analysis was at times distorted by his anger with the actions of Chief Justice Taney and other …

Divine Intervention: Re-Examining The "Act Of God" Defense In A Post-Katrina World, Joel Eagle

Chicago-Kent Law Review

From the moment of landfall, Hurricane Katrina instantly became synonymous with unprecedented damage, destruction, and loss. The exceptionally intense storm and subsequent flooding in New Orleans and much of the Gulf Coast was quickly deemed one of the worst disasters in United States history. A particularly destructive consequence of Hurricane Katrina has been the environmental effects, in part caused by oil spills and chemical releases from many of the industrial sources concentrated in the Gulf Coast region.

A question that will likely remain in contention for years or even decades to come is who should be liable for the cleanup …

Searching For A Needle In A Haystack: The Constitutionality Of Police Dna Dragnets, Sepideh Esmaili

Chicago-Kent Law Review

DNA dragnets—the mass warrantless DNA testing of individuals whom authorities have neither probable cause nor reasonable suspicion to believe perpetrated a crime, but who merely live or work near a crime scene—have increasingly been used by police departments in a desperate attempt to solve puzzling crimes. The lack of success and the Fourth Amendment constitutional concerns raised by DNA dragnets, however, lead this practice to be suspect. Under the Fourth Amendment, all searches of an individual must be reasonable. The reasonableness of any search typically depends on the government obtaining a warrant prior to the search. While there are well-established …

Mesospheric Gravity Waves Observed Near Equatorial And Low-Middle Latitude Stations: Wave Characteristics And Reverse Ray Tracing Results, C. M. Wrasse, T. Nakamura, H. Takahshi, A. F. Medeiros, Michael J. Taylor, D. Gobi, C. M. Denardini, J. Fechine, R. A. Buriti, A. Salatun, Suratno, E. Achmad, A. G. Admiranto

All Physics Faculty Publications

Gravity wave signatures were extracted from OH airglow observations using all-sky CCD imagers at four different stations: Cachoeira Paulista (CP) (22.7° S, 45° W) and São João do Cariri (7.4° S, 36.5° W), Brazil; Tanjungsari (TJS) (6.9° S, 107.9° E), Indonesia and Shigaraki (34.9° N, 136° E), Japan. The gravity wave parameters are used as an input in a reverse ray tracing model to study the gravity wave vertical propagation trajectory and to estimate the wave source region. Gravity waves observed near the equator showed a shorter period and a larger phase velocity than those waves observed at low-middle latitudes. …

Prior Experience As A Stimulus Category Confound: An Example Using Facial Expressions Of Emotion, Leah H. Somerville, Paul J. Whalen

Dartmouth Scholarship

Facial expressions of emotion represent a stimulus set widely used to assess a broad range of psychological processes. However, a consideration of systematic differences between expression categories, other than differences relating to characteristics of the expressions themselves, has remained largely unaddressed. By collecting experience rankings in a large sample of undergraduates, we observed that the amount of reported experience individuals have had with different facial expressions of emotion systematically differed between all expression categories. These findings shed light on the potential for identifying confounds inherent to comparing some stimulus categories and, in this case, may aid in the interpretation of …

Pages News, Volume 14, No. 3, December 2006, Irka Hajdas, Christoph Kull, Thorsten Kiefer

PAGES

Contents: Editorial: 14C-Chronology -- PAGES calendar -- Inside PAGES -- New on the PAGES bookshelf -- Program News -- The Millennium project: European climate of the last millennium -- Paleoenvironments in south India: Monsoon records from rainfed reservoirs -- Science Highlights: 14C - Chronology -- Cosmogenic isotope 14C: Production and carbon cycle -- Assuring measurement quality: The international 14C laboratory inter-comparison -- IntCal and the future of radiocarbon calibration --- The potential for extending Intcal04 using OIS-3 New Zealand sub-fossil Kauri -- Marine reservoir corrections and the calibration curve -- New approaches to constructing age models:OxCal4 -- 21st century suck-in …

Speleo Spiel, No. 357, November-December 2006, Alan Jackson

Speleo Spiel

Contents: Regular Bits -- Trip Reports -- Other Exciting Stuff

Board Of Regents' Meeting At Pvamu, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.

The Relevancy Of Foreign Law As Persuasive Authority And Congress's Response To Its Use: A Preemptive Attack On The Constitution Restoration Act, Elizabeth Bulat Turner

Georgia State University Law Review

No abstract provided.

The Trammel Court's Hasty Rejection Of Jerry Maguire's View Of Marriage, Louis W. Hensler

Georgia State University Law Review

No abstract provided.

Coupling Of Fluid & Solid Thermal Models To Correct Heat Flux Measurements Taken On Launch Vehicles, Danielle M. Ford

Master's Theses - Daytona Beach

Knowledge of aerothermally induced convective heat transfer and plume induced radiative heat transfer loads is essential to the design of thermal protection systems (TPS) for launch vehicles. These loads are measured via the cylindrical heat flux gauges that are flush mounted with the outer surface of a launch vehicle and are exposed to the in-flight external thermal and velocity boundary layers as well as thermal radiation. Typically, Schmidt-Boelter gauges measure the incident heat flux based on the one-Dimensional Fourier's law. This instrumentation, when surrounded by low-conductivity insulation, has an exposed surface temperature significantly lower than the insulation. A substantial disturbance …

Neural Network Burst Pressure Prediction In Composite Overwrapped Pressure Vessels From Acoustic Emission Data, Seth-Andrew T. Dion

Master's Theses - Daytona Beach

Composites have grown in importance in the aerospace industry where high specific strength is a priority. Weight reduction in space vehicles is critical because of the exorbitant cost associated with placing objects into space. Major weight savings have been obtained by switching from all metal pressure vessels to composite overwrapped pressure vessels (COPVs). Due to the nature of composites, current nondestructive analysis procedures for COPVs are not adequate for assessing structural integrity. As such, new methods must be developed. Presented herein is one such method.

A method for burst pressure prediction using parametric filtering of acoustic emission (AE) data along …

Atomoxetine Treatment In Children And Adolescents With Attention-Deficit Hyperactivity Disorder: What Are The Long-Term Health-Related Quality-Of-Life Outcomes?, Amy R. Perwien, Christopher J. Kratochvil, Douglas E. Faries, Brigette S. Vaughan, Thomas Spencer, Ronald T. Brown

Journal Articles: Psychiatry

OBJECTIVE: Numerous investigations have examined the efficacy of pharmacological treatment for attention-deficit/hyperactivity disorder (ADHD) in children. However, relatively few studies have addressed the impact of treatment on long-term subjective, psychosocial outcomes, such as health-related quality of life (HRQL). This study examines the long-term effects of pharmacological treatment with atomoxetine on HRQL in children and adolescents with ADHD.

METHODS: Participants included 6- to 17-year-old children and adolescents (n = 912) with ADHD enrolled in a 24-month, multicenter, open-label trial of atomoxetine. Outcomes included clinician ratings of ADHD, parent ratings of ADHD, and a widely used measure of HRQL (The Child Health …

J Am Coll Dent 2006 73 4

Journal of the American College of Dentists

The Journal of the American College of Dentists (JACD) publishes scholarly articles, editorials, essays, and reflections addressing the ethical, professional, and social dimensions of dentistry. The Journal serves as a forum for advancing ethics, professionalism, leadership, and excellence within the dental community. By fostering dialogue across disciplines and perspectives, JACD provides readers with insights that encourage ethical, professional practice, lifelong learning, and service to the public, reinforcing dentistry’s commitment to advancing oral healthcare and the common good.

Campus Report, Vol. 34, No. 4, University Of Dayton

Campus Report

Facebook fallout: A study by UD researchers uncovers the different perceptions students and their potential employers have of the popular social networking site.

Dred Scott And The Crisis Of 1860, Louise Weinberg

Chicago-Kent Law Review

Recent suggestions to the contrary notwithstanding, the Dred Scott decision and the controversy over the extension of slavery into the territories were at the very center of the crisis of 1860. This paper fills in the social, political, economic, and legal backgrounds of that crisis in order to clarify the centrality of Dred Scott in the election of Abraham Lincoln and to the ensuing destruction of the Union.

Legality And Legitimacy In Dred Scott: The Crisis Of The Incomplete Constitution, Michael P. Zuckert

Chicago-Kent Law Review

The original Constitution was incomplete in that it contained a disparity between the principles of legitimacy of the system and the legality of the institution of slavery. Political communities marked by such disharmony are beset with pressures to make the system consistent in one way or another. Such indeed was the fate of the U.S. during the antebellum era. Three typical responses arose: to make legality correspond to legality (by redefining the principles of legitimacy of the system), to make legality conform to legitimacy (by doing away with slavery), or to maintain the tension in ever more creative ways. The …

Stay East, Young Man? Market Repercussions Of The Dred Scott Decision, Jenny B. Wahl

Chicago-Kent Law Review

The Dred Scott decision definitively opened U.S. territories to slavery. This reduced the probability of westward migration for free-soilers, in part because of expected effects on land markets. Although land was an important part of a slaveholder's portfolio, his ability to hold wealth in mobile assets—slaves—meant that he had a different outlook on internal improvements than his Northern brethren, as well as a production process that emphasized relatively abundant labor inputs. Letting slaves into the territories thus led to uncertainty about future land values. This slowed the flow of Northerners west, dragging present land prices downward. In turn, uncertainty about …

Poems, John Mulrooney

Bridgewater Review

No abstract provided.

Monthly Accomplishments For Turnbull National Refuge, December 2006, Turnbull National Wildlife Refuge

Turnbull National Wildlife Refuge Reports

A monthly report of accomplishments at Turnbull National Wildlife Refuge written by Project Leader Nancy Curry.

Convergence, Constraint And The Role Of Gene Expression During Adaptive Radiation: Floral Anthocyanins In Aquilegia, Justen B. Whittall, Claudia Voelckel, Daniel J. Kliebenstein, Scott A. Hodges

Biology

Convergent phenotypes are testament to the role of natural selection in evolution. However, little is known about whether convergence in phenotype extends to convergence at the molecular level. We use the independent losses of floral anthocyanins in columbines (Aquilegia) to determine the degree of molecular convergence in gene expression across the anthocyanin biosynthetic pathway (ABP). Using a phylogeny of the North American Aquilegia clade, we inferred six independent losses of floral anthocyanins. Via semiquantitative reverse transcriptase-polymerase chain reaction (RT-PCR), we monitored developmental and tissue-specific variation in expression of the six major structural ABP loci in three Aquilegia species, two that …

Optimization Of The Tool Path In A Robotic Environment, Mukund Venkatachari Narasimhan

Mechanical and Aerospace Engineering Dissertations - Archive

The rising costs and demand coupled with shrinking energy generating resources has triggered the need for optimum use of energy resources, minimizing the overhead costs and maximizing the profits. Robots have been long touted as a fit replacement of human labor force in manufacturing sectors. Slowly there is increased presence of robots in automobile and electronic industries. Typically they are used for welding, painting, ironing, assembly, pick and place, inspection, and testing. Mass production, fulfilling the ever increasing demand, can be accomplished by robots because of their precision, speed of operation and high endurance capabilities. This dissertation comprises of two …

Perception Of Diversity, Niveditha Parthasarathy

Psychology Theses - Archive

Two studies were conducted to examine effects of diversity on perception. The primary purpose of the first study was to see how people perceive diverse groups, how comfortable they are working in such groups, and how attracted they are to diverse groups. Results indicated that people prefer working with groups that represented their ethnicity (race-inclusion) and perceived such groups to be more attractive than groups that did not represent their ethnicity (race-exclusion). Also, White participants were more attracted to diverse groups and more willing to work in diverse groups than Black participants. Most importantly, the preference of race-inclusion pictures to …

Spatial Patterns And Determinants Of Industrial Regional Growth In Mexico, 1993-2003: Implications For Regional Planning And Public Policy, Jesus Antonio Trevino

Public Affairs Dissertations - Archive

This research investigates industrial regional growth and its determinants in Mexico from 1993 to 2003. Strategies of local economic development, usually based on industrial promotion, require knowing main determinants of industrial regional growth. The case study shows that there is no variable with a systematically strong effect for all industries which policymakers and planners might directly control. This finding warns us about generic policy designs uncritically based on outcomes from other experiences. Although these results show a complex problem in terms of regional policy, some recommendations for industrial spatial distribution may, however, be derived from this study. For instance, during …

Urban Rivalry In A Rural County: The Contest For Dominance Between Rockdale And Cameron In Milam County, Texas, 1873-1954, Philip Guy Pope

History Theses - Archive

Throughout the history of the United States, natural resources have played key roles in determining where towns are formed, and when towns will die. For just as long, waterways, roadways, and railroads have played an equally important role in determining the location and success of many towns. This thesis builds on these two broad themes—resources and transportation—to examine how Rockdale, Texas was able to become the most powerful town in southern Milam County, and successfully compete with Cameron, Texas for dominance in Milam County. Cameron was the established county seat in Milam County when in 1873, the International & Great …

Novel Functions And Physiological Significance Of Ral Interacting Protein - Rlip76 In In Vitro And In Vivo Models, Ewa L. Zajac

Chemistry & Biochemistry Dissertations - Archive

This dissertation is divided into four parts. The first part is an introduction of energy dependent xenobiotic transporters and their relevance in multidrug resistance. However, the main focuse is the description of RLIP76 protein, non-ABC transporter, which it the most efficient transporter of glutathione conjugates and anti-cancer drugs. The second part describes materials and methods that were used in two investigated projects. The third part explains the correlation of RLIP76 with signaling protein POB1 and an involvement of these two proteins in apoptosis of lung cancer cells. The effect of recombinant POB1 and its deletion mutant POB11-512, on transport activity …