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How Does "Equal Liberty" Fare In Relation To Other Approaches To The Religion Clauses?, Kent Greenawalt

Faculty Scholarship

As one of four contributors to an issue celebrating Christopher Eisgruber and Lawrence Sager's Religious Freedom and the Constitution, I have chosen to write an Essay that differs from an ordinary review. I compare the authors' approach with two other recent formulations of what should be central for the jurisprudence of the Religion Clauses. Since I have recently published my own treatment of the Free Exercise Clause, and a second volume on the Establishment Clause is in the pipeline toward publication, I do not here present my own positive views (though I provide references for interested readers). Those views …

The Jurisprudence Of Colliding First Amendment Interests: From The Dead End Of Neutrality To The Open Road Of Participation-Enhancing Review, Gregory P. Magarian

Scholarship@WashULaw

First Amendment interests in both speech and religion often collide with one another. A political activist claims a free speech interest in the right to purchase advertising time on a television network, while the network claims a free speech interest in its decision not to sell the time. A religious enclave claims a free exercise interest in having a dedicated public school district, while its neighbors claim a nonestablishment interest in the government's not extending the group special treatment. In this article Professor Magarian examines the phenomenon of colliding First Amendment interests, explains and critiques the Supreme Court's failure to …

Faculty Publications 2006, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 638 publications.

Altered Parvalbumin-Positive Neuron Distribution In Basal Ganglia Of Individuals With Tourette Syndrome, Paul S.A. Kalanithi

Yale Medicine Thesis Digital Library

The neuropathology of Tourette Syndrome (TS) is poorly characterized. This thesis provides the first quantitative stereologic immunohistochemical study of the basal ganglia in TS. TS is a childhood neuropsychiatric disorder characterized by motor and vocal tics. Previous imaging studies found alterations in caudate (Cd) and putamen (Pt) volumes. To investigate possible alterations in cell populations, postmortem basal ganglia tissue from individuals with TS and normal controls (NC) was analyzed using unbiased stereological techniques. A markedly higher (>160% of control) total neuron number and density was found in the internal segment of the globus pallidus (GPi) of TS (p220% of …

The "Order-Of-Battle" In Constitutional Litigation, Michael Wells

Scholarly Works

This article examines and defends a procedural rule that figures prominently in constitutional tort litigation, has drawn sharp criticism from the federal judiciary, and seems to have lost the support of at least four sitting Supreme Court Justices. In order to recover damages, plaintiffs must not only prove a constitutional violation but also fend off assertions of official immunity. In ruling on motions to dismiss the complaint and motions for summary judgment, a preliminary question is the sequence in which the two issues should be addressed-a problem the Justices call the "order-of-battle." Morse v. Frederick, the "Bong Hits Jesus" case, …

Assessing The Format Of The Presentation Of Text In Developing A Reading Strategy Assessment Tool (R-Sat), Sara Gilliam, Joseph P. Magliano, Keith K. Millis, Irwin Levinstein, Chutima Boonthum

Computer Science Faculty Publications

We are constructing a new computerized test of reading comprehension called the Reading Strategy Assessment Tool (R-SAT). R-SAT elicits and analyzes verbal protocols that readers generate in response to questions as they read texts. We examined whether the amount of information available to the reader when reading and answering questions influenced the extent to which R-SAT accounts for comprehension. We found that R-SAT was most predictive of comprehension when the readers did not have access to the text as they answered questions.

Transcriptional And Post-Transcriptional Regulation Of Gadd45Α In Response To Arsenic., Deepak Bhatia

Graduate Theses, Dissertations, and Problem Reports (ETD)

Previously, publications from our lab had demonstrated that arsenic can regulate Gadd45α through p53-dependent and -independent manner where we explored the regulation of Gadd45α by various transcription factors, including Foxo3a, NF-κB and through stress signaling pathways such as JNK. Here we analyzed whether arsenic has any impact on the biosynthesis of Egr-1, since Egr-1 has also been reported to regulate Gadd45α in keratinocytes in response to UVB. Our results show arsenic can induce Egr-1 synthesis in a dose- and time-dependent manner. To determine the regulatory sequence responsible for Egr-1 induction, we created deletion constructs in the Egr-1 promoter and found …

Umpires At Bat: On Integration And Legitimation, Neil S. Siegel

Faculty Scholarship

No abstract provided.

Toward A Human Rights Framework For Intellectual Property, Laurence R. Helfer

Faculty Scholarship

This Article, prepared for a Symposium on Intellectual Property and Social Justice held at the University of California at Davis School of Law in March 2006, addresses the growing intersection of human rights law and intellectual property law. Its principal point of departure is a November 2005 General Comment on "the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author" - a relatively obscure provision of the International Covenant on Economic, Social and Cultural Rights. The Article builds upon the analysis …

Building Culture, Community, And Morality: A Case Study Of Constructivist Leadership In The Creation Of A Junior High Football Team., Mark Edward Tankersley

Graduate Theses, Dissertations, and Problem Reports (ETD)

This research focused upon parents, educators, and community members’ ability to influence school culture, build community, and affect student morality while engaged in a constructivist leadership model in the creation of a junior high football team. The research was conducted in one school located in a Mid-Atlantic state. I was a teacher at that school during the time the study was conducted. A qualitative case study method was chosen in order to answer the how and why questions. Multiple sources of data were collected from observations, documents, and interviews with three parents, four educators, and three community members all associated …

Corals On Seamounts, Ad Rogers, A Baco, H Griffiths, Jm Hall-Spencer

School of Biological and Marine Sciences

No abstract provided.

Non-Invasive Technique For Assessing The Population Parameters Of Metacercariae Of Clinostomum Marginatum In Smallmouth Bass(Micropterus Dolomieu), James J. Daly Sr., Randal J. Keller, Bruce Deyoung

Journal of the Arkansas Academy of Science

Clinostomllm marginatum is a trematode that uses a fish as its final intennediate host. The wonns in the fish are in metacercarial cysts and are known as yellow grub. Yellow grubs give the fish's flesh a wonny, unappetizing appearance and are a problem for commercial fish fanners in that heavily infected fish are not suitable for marketing. The parasite is common in smallmouth bass (Micropterus dolomieu) living in upland streams of Arkansas where the bass may serve as a wild reservoir for contamination of commercial fish ponds. Because smallmouth bass are a prized game fish, it would be desirable to …

Effect Of The Consumption Of Farm Animals On The Diet And Hemoglobin Levels Of School Age Children In The Rural Communities Of Topo, Imbabura, Gualabi, Calpaqui, And Compania Of The Imbabura Province, Alexandra Echeverría

Theses and Dissertations

This research addressed malnutrition in the villages of Topo, Imbabura, Gualabí, Calpaquí and Compañía in the city Otavalo, which is in the Province of Imbaura, Ecuador. The research determined the effects of consumption of small-animals on the diet and hemoglobin levels in school aged boys and girls. This study involved 311 indigenous children between 6 and 12 years of age. Following parental authorization, blood tests and fecal samples were taken from each child to analyze hemoglobin and parasites. Additional information gathered from this study group included a socio-economic survey, frequency of food consumption, 24 hour inventory, animal production, and basic …

Department Of Pathology, Thomas Jefferson University, Identification Of Conserved Gene Expression Features Between Murine Mammary Carcinoma Models And Human Breast Tumors., Jason I Herschkowitz, Karl Simin, Victor J Weigman, Igor Mikaelian, Jerry Usary, Zhiyuan Hu, Karen E Rasmussen, Laundette P Jones, Shahin Assefnia, Subhashini Chandrasekharan, Michael G Backlund, Yuzhi Yin, Andrey I Khramtsov, Roy Bastein, John Quackenbush, Robert I Glazer, Powel H Brown, Jeffrey E Green, Levy Kopelovich, Priscilla A Furth, Juan P Palazzo, Olufunmilayo I Olopade, Philip S Bernard, Gary A Churchill, Terry Van Dyke, Charles M Perou

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: Although numerous mouse models of breast carcinomas have been developed, we do not know the extent to which any faithfully represent clinically significant human phenotypes. To address this need, we characterized mammary tumor gene expression profiles from 13 different murine models using DNA microarrays and compared the resulting data to those from human breast tumors. RESULTS: Unsupervised hierarchical clustering analysis showed that six models (TgWAP-Myc, TgMMTV-Neu, TgMMTV-PyMT, TgWAP-Int3, TgWAP-Tag, and TgC3(1)-Tag) yielded tumors with distinctive and homogeneous expression patterns within each strain. However, in each of four other models (TgWAP-T121, TgMMTV-Wnt1, Brca1Co/Co;TgMMTV-Cre;p53+/- and DMBA-induced), tumors with a variety of …

Silencing Of The Pink1 Gene Expression By Conditional Rnai Does Not Induce Dopaminergic Neuron Death In Mice., Hongxia Zhou, Björn H Falkenburger, Jörg B Schulz, Kim Tieu, Zuoshang Xu, Xu Gang Xia

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

Transgenic RNAi, an alternative to the gene knockout approach, can induce hypomorphic phenotypes that resemble those of the gene knockout in mice. Conditional transgenic RNAi is an attractive choice of method for reverse genetics in vivo because it can achieve temporal and spatial silencing of targeted genes. Pol III promoters such as U6 are widely used to drive the expression of RNAi transgenes in animals. Tested in transgenic mice, a Cre-loxP inducible U6 promoter drove the broad expression of an shRNA against the Pink1 gene whose loss-of-functional mutations cause one form of familial Parkinson's disease. The expression of the shRNA …

The Portrayal Of Science In Children's Television, Tristi Bercegeay Charpentier

LSU Master's Theses

Scholars argue that a scientifically literate public is a requirement for a democracy. Children are watching television more today than ever before, and studies have shown that children learn academically educational content from television. The Children's Television Act of 1990 requires broadcasters to provide educational and informational content for children. This study qualitatively evaluated a sample of 38 children's television programs to obtain a description of the scientific content contained in children's television. The study yielded a large quantity of scientific content, yet the quality of the content left much to be desired. Based on the findings of this study, …

Bishopness, Lauren Goodwin Slaughter

Graduate Student Theses, Dissertations, & Professional Papers

The publication of "Edgar Allen Poe & the Juke-Box" modifies Elizabeth Bishop’s established oeuvre in ways that demonstrate the anxiety throughout her work regarding the concealment of sexual difference—a concealment she often takes part in. As the poems reveal, by putting emphasis on particular kinds of clothing, Bishop emphasizes the necessary—but flawed—methods for that concealment. Black stockings, gloves, sailors hats, and other garments of traditional gender representation work as useful metaphors, symbolically engaging the construction of the literary image accepted in the academy which has produced the unified notion of “Bishopness” some critics still wish to uphold. When themes of …

Hunters In The Garden: Yup’Ik Subsistence And The Agricultural Myths Of Eden, Benjamin Kuntz

Graduate Student Theses, Dissertations, & Professional Papers

Yup’ik writers and Yup’ik subsistence offer valuable challenges, parallels, and alternative models to mainstream nature writing’s discourse surrounding human relationships to the land, a discourse that carries an inherent agricultural bias. An introduction to western Alaska’s Nunivak Island provides context for Chapter 1, which demonstrates the fluidity of cultural, geographical, and historical margins through discussion of the works of Yup’ik journalist John Active and historian and ethnographer James Clifford. Chapter 2 provides an overview of Yup’ik subsistence centered around the community of Bethel, Alaska, then subjects mainstream nature writing, represented mostly by Wendell Berry, to critiques supplied by Canadian anthropologist …

Letters From Mrs. Chenowith And Other Stories, Jill M. Walsh

Graduate Student Theses, Dissertations, & Professional Papers

None

Tracking The Trickster Home: The Animal Nature Of Words In The Writing Of Gerald Vizenor And Barry Lopez, Steven Jubitz Hawley

Graduate Student Theses, Dissertations, & Professional Papers

To be uploaded later.

Year Of The Snake, Annie Hoang Nguyen

Graduate Student Theses, Dissertations, & Professional Papers

Year of the Snake is a travel narrative and family memoir that details a year of the author’s life as a Fulbright scholar in Vietnam. Twenty-five years after the author’s parents have fled Vietnam as war refugees, the author returns to her parents’ homeland. The author spends 2001 exploring and examining this forsaken homeland. She has three distinct experiences, as a student living with my uncle as his adopted daughter, as a backpacker exhilarated by the culture and land, and as a privileged ex-pat working among locals. Through these varied experiences, I began to see how Vietnam was trying to …

Reassessing Damages In Securities Fraud Class Actions, Elizabeth Chamblee Burch

Scholarly Works

No coherent doctrinal statement exists for calculating open-market damages for securities fraud class actions. Instead, courts have tried in vain to fashion common-law deceit and misrepresentation remedies to fit open-market fraud. The result is a relatively ineffective system with a hallmark feature: unpredictable damage awards. This poses a significant fraud deterrence problem from both a practical and a theoretical standpoint.

In 2005, the Supreme Court had the opportunity to clarify open-market damage principles and to facilitate earlier dismissal of cases without compensable economic losses. Instead, in Dura Pharmaceuticals v. Broudo, it further confused the damage issue by (1) perpetuating the …

Why De Minimis?, Matthew D. Adler

Faculty Scholarship

De minimis cutoffs are a familiar feature of risk regulation. This includes the quantitative individual risk thresholds for fatality risks employed in many contexts by EPA, FDA, and other agencies, such as the 1-in-1 million lifetime cancer risk cutoff; extreme event cutoffs for addressing natural hazards, such as the 100 - year - flood or 475 - year - earthquake; de minimis failure probabilities for built structures; the exclusion of low - probability causal models; and other policymaking criteria. All these tests have a common structure, as I show in the Article. A de minimis test, broadly defined, tells the …

Seroprevalence Of Brucellosis In Human, Sheep, And Cattle Populations In Kırıkkale (Turkey), Teoman Zafer Apan, Murat Yildirim, Ersi̇n İstanbulluoğlu

Turkish Journal of Veterinary & Animal Sciences

The seroprevalence of Brucellosis in human, sheep, and cattle populations was investigated in rural regions of Kırıkkale in Turkey. Serum samples were obtained from 1436 humans, and 3.2% (46) of the population was found to be positive by Rose Bengal Plate test (RBPT) and 3.0% (43) gave positive results with the standard tube agglutination test (STAT). Immunoglobulin class analysis of RBPT-positive sera using the ELISA test gave positive results for 33 people (75%) with Brucella ELISA IgG and for 11 people (25%) with Brucella ELISA IgM. The evaluation of 804 serum samples, which were obtained from 301 cattle and 503 …

Evaluation Of Two Vaccination Schemes Using Live Vaccines Against Newcastle Disease In Chickens, Mansur-Ud-Din Ahmad, Mamoona Chaudhry, Muhammad Farooq Rai, Hamad Bin Rashid

Turkish Journal of Veterinary & Animal Sciences

The use of different types of Newcastle disease (ND) vaccine in different vaccination schemes has decreased the incidence of velogenic Newcastle disease (VND) in commercial poultry worldwide. In under-developed countries like Pakistan, these vaccination schemes are not successful due to free-range and backyard poultry production. This trial was conducted in 90 experimental chickens to develop an effective control against ND. The level of antibody response, detected by haemagglutination-inhibition (HI) test, and the degree of protection against the virulent strain of Newcastle disease virus (NDV) were studied. The chickens were immunized with commercially available ND vaccines. In scheme A, primary vaccination …

First Case Of Anaplasma (Ehrlichia) Platys Infection In A Dog In Turkey, Bülent Ulutaş, Göksel Bayramli, Tüli̇n Karagenç

Turkish Journal of Veterinary & Animal Sciences

A male pinscher dog weighing 4.2 kg with a history of intermittent fever, inappetence, weight loss, and weakness occurring periodically for 5 months showed Anaplasma (Ehrlichia) platys inclusions within the platelets of peripheral blood smears. The diagnosis was confirmed using a nested polymerase chain reaction. The dog was treated with doxycycline at a dose of 5 mg/kg twice daily for 21 days. This study is the first case of A. platys infection in Turkey.

In Defense Of The Roosevelt Court, Wilson R. Huhn

Akron Law Faculty Publications

The overriding purpose of the New Deal was to create opportunities for the common person to acquire a stake in society. The Roosevelt appointees to the Supreme Court were unwilling to allow either entrenched wealth or arbitrary governmental action to interfere with that objective. They remade the Constitution, but in so doing they returned the Constitution to its original purpose – the protection of personal liberty. The Roosevelt Court laid the foundation for a jurisprudence of human rights upon which the Warren Court and subsequent Supreme Courts have continued to build.

Two justices presently serving on the Supreme Court – …

The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir

Articles

In this paper, we share individual narratives outlining the experiences of four well-educated western women following a permanent international career in the South of France. By virtue of detailed interview transcripts and contextual information regarding the specificity of the location in question, a comprehensive picture of the experiences and choices of individual women in leadership business positions on an international level is painted. Our aim is not to generalise the findings to a wider population, but to gain an insight into the depth and complexity of career issues for women in general, and particularly for women working in a foreign …

Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise (Duke Law, Student Paper Series), Blake Hudson

Faculty Scholarship

Important species are increasingly becoming endangered on private lands largely left unregulated by federal and state laws. The gopher tortoise is one such species. The tortoise is a keystone species, meaning that upon its existence numerous other species exist. Despite its importance, tortoise populations have declined by 80% - partly due to development pressures, but primarily due to forest management practices which have reduced the longleaf pine ecosystem upon which it depends. This article focus on legal and policy issues associated with both development and forest management. Because private forest management practices are the primary cause of tortoise decline, the …

Property And Empire: The Law Of Imperialism In Johnson V. M’Intosh, Jedediah Purdy

Faculty Scholarship

Chief Justice's Marshall's opinion in Johnson v. M'Intosh, 21 U.S. (8 Wheat.)543 (1823) has long been a puzzle, both in its doctrinal structure and in long, strange dicta which are both triumphal and elegiac. In this Essay, I show that the opinion becomes newly intelligible when read in the context of the law and theory of colonialism, concerned, like the case itself, with the expropriation of continents and relations between dominant and subject peoples. I examine several instances where the seeming incoherence of the opinion instead shows its debt to imperial jurisprudence, which rested on a distinction between two bodies …