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The Blaine Amendment Of 1876: Harbinger Of Secularism?, Gerard V. Bradley

Journal Articles

The Blaine Amendment of 1876 was a Congressional effort to add a sixteenth amendment to the Constitution. The leading feature and central aspiration of the proposal was to prohibit the states from giving financial aid to schools run by sects. Passed overwhelmingly by the House of Representatives, the Blaine Amendment narrowly failed to secure the necessary two-thirds vote in the Senate.

This paper examines the Blaine Amendment as a political phenomenon; that is, as a Republican attempt to exploit anti-Catholic prejudice in a presidential election year. It also looks at the Blaine Amendment constitutionally; that is, for the light it …

Pilgrim Law: Overcoming False Consciousness Through The Witness Of London's Economic Migrants, Vincent D. Rougeau

Journal Articles

The article discusses the author's view on the works and beliefs of Robert E. Rodes Jr. He considered faith and professional life as the powerful link on Rodes works and cited three points of reflection on the matter which includes on Rodes' concept of "Pilgrim Law" that has been influential on the author's works, thinking about the relationship between the professional roles of a lawyer and a call to a lived Christian faith. He believed that the Rodes' book "Pilgrim Law" took a formidable task on extending the principles of the theology of liberation to American jurisprudence and became an …

Addressing The Incoherency Of The Preemption Provision Of The Copyright Act Of 1976, Joseph P. Bauer

Journal Articles

Section 301 of the Copyright Act of 1976 expressly preempts state law actions that are within the "general scope of copyright" and that assert claims that are "equivalent to" the rights conferred by the Act. The Act eliminated the previous system of common law copyright for unpublished works, which had prevailed under the prior 1909 Copyright Act. By federalizing copyright law, the drafters of the statute sought to achieve uniformity and to avoid the potential for state protection of infinite duration.

The legislative history of § 301 stated that this preemption provision was set forth "in the clearest and most …

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead

Journal Articles

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …

Single Nucleotide Polymorphisms (Snps) Distinguish Indian-Origin And Chinese-Origin Rhesus Macaques (Macaca Mulatta), Betsy Ferguson, Summer L. Street, Hollis Wright, Carlo Pearson, Yibing Jia, Shaun L. Thompson, Patrick Allibone, Christopher J. Dubay, Eliot Spindel, Robert B. Norgren

Journal Articles: Genetics, Cell Biology & Anatomy

BACKGROUND: Rhesus macaques serve a critical role in the study of human biomedical research. While both Indian and Chinese rhesus macaques are commonly used, genetic differences between these two subspecies affect aspects of their behavior and physiology, including response to simian immunodeficiency virus (SIV) infection. Single nucleotide polymorphisms (SNPs) can play an important role in both establishing ancestry and in identifying genes involved in complex diseases. We sequenced the 3' end of rhesus macaque genes in an effort to identify gene-based SNPs that could distinguish between Indian and Chinese rhesus macaques and aid in association analysis.

RESULTS: We surveyed the …

Intercenter Reliability And Validity Of The Rhesus Macaque Genechip, Fenghai Duan, Eliot R. Spindel, Yu-Hua Li, Robert B. Norgren

Journal Articles: Genetics, Cell Biology & Anatomy

BACKGROUND: The non-human primate (NHP) research community has been intensely interested in obtaining whole-genome expression arrays for their work. Recently, novel approaches were used to generate the DNA sequence information for a rhesus GeneChip. To test the reliability of the rhesus GeneChip across different centers, RNA was isolated from five sources: cerebral cortex, pancreas, thymus, testis, and an immortalized fibroblast cell line. Aliquots of this RNA were sent to each of three centers: Yerkes National Primate Research Center, Oregon National Primate Research Center and the University of Nebraska Medical Center. Each center labeled the samples and hybridized them with two …

Factors Regulating Arteriolar Tone During Microvascular Growth, Julie Balch Samora

Graduate Theses, Dissertations, and Problem Reports (ETD)

Growth of the arteriolar network is accompanied by progressive changes in pressure and flow, and in the metabolic environment to which the arterioles are exposed. This dissertation was carried out to investigate the extent to which mechanisms involved in local blood flow regulation may also change during this growth. We isolated gracilis muscle arterioles from weanling (age 25-26 days) and juvenile (44-66 days) rats, and studied the responsiveness of these vessels to both myogenic and endothelium-dependent stimuli. Overall arteriolar responses to the endothelium-dependent agonists acetylcholine (ACh), A23187, VEGF and simvastatin were not different between age groups. Responses of juvenile arterioles …

Food And Environment As Predictors Of Obesity In Rural West Virginia, Leah W. Gecheo

Graduate Theses, Dissertations, and Problem Reports (ETD)

Objective. The objective of this study was to determine the best predictors of childhood obesity in rural West Virginia. This investigation was inspired by the fact that the rate of obesity occurrence in West Virginia is relatively higher than that in the entire nation.;Method. Subjects used were Head Start children participating in food and nutrition program (FNP) in Mercer and McDowell counties in rural West Virginia. The average age was 52 months both Caucasians and African Americans. Study was conducted using USDA validated questionnaires that focused on the diet, feeding attitudes, beliefs and practices. Children's weights and heights were measured …

Automated Ventricular Measurements Using Gabor Wavelets, Hemalatha Sampath

Graduate Theses, Dissertations, and Problem Reports (ETD)

Magnetic Resonance Imaging (MRI) is one of the widely used medical technologies for diagnosis of various degenerative diseases like Alzheimer's disease. In degenerative diseases the brain atrophies resulting in enlarged ventricles. The segmentation of the ventricle and the total ventricle volume measurement can be important in the analysis of the neurological disease severity and in studies of animal models of disease used to advance treatments for people. This thesis is focused on using Gabor wavelets for ventricular measurements in a rabbit model of Alzheimer's disease.;Standard intensity-based tools like Statistical Parametric Mapping (SPM) used for human brain segmentation requires a priori …

Dying With A Vengeance: Dead Brides And The Death-Fetish In T. L. Beddoes, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Spatially Scaled Response Of A Lazuli Bunting Population To Fire, Michael L. Wolfe, Andreas Leidolf, Tim Nuttle

Wildland Resources Faculty Publications

We examined the response of Lazuli Bunting (Passerina amoena) to fire in Gambel oak (Quercus gambelii) woodland at Camp Williams, Utah, during 1993–1998. Overall, Lazuli Bunting abundance on the study area increased significantly during the 2 years after a stand-replacing wildfire, which covered 800 ha of Gambel oak woodland. This increase suggested that Lazuli Buntings respond positively to fire. However, a comparison of pre- and post-fire abundance of Lazuli Bunting for 2 groups of monitoring plots with different fire histories showed that abundance was significantly greater during the post-fire period for both burned and unburned plots. …

Social Contagion Of Violence, Jeffrey A. Fagan, Deanna L. Wilkinson, Garth Davies

Faculty Scholarship

In this chapter, we assess whether the roller-coaster pattern of homicides in New York City beginning in 1985 fits a contagion model and identify mechanisms of social contagion that predict its spread across social and physical space. This framework for interpreting the homicide trends as an epidemic includes two perspectives. First, the sharp rise and fall are indicative of a nonlinear pattern in which the phenomenon spreads at a rate far beyond what would be predicted by exposure to some external factor and declines in a similar pattern in which the reduction from year to year exceeds what might be …

Moral And Religious Convictions As Categories For Special Treatment: The Exemption Strategy, Kent Greenawalt

Faculty Scholarship

My topic differs from the usual inquiries about morality and law, such as how far law should embody morality, whether legal interpretation (always or sometimes) includes moral judgment, and whether an immoral law really counts as law. Concentrating on exemptions from ordinary legal requirements, I am interested in instances when the law might make especially relevant the moral judgments of individual actors. I am particularly interested in whether the law should ever treat moral judgments based on religious conviction differently from moral judgments that lack such a basis.

A striking example for both questions is conscientious objection to military service. …

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

Faculty Scholarship

Chief Justice 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 …

People As Resources: Recruitment And Reciprocity In The Freedom-Promoting Approach To Property, Jedediah S. Purdy

Faculty Scholarship

Theorists usually explain and evaluate property regimes either through the lens of economics or by conceptions of personhood. This Article argues that the two approaches are intertwined in a way that is usually overlooked. Property law both facilitates the efficient use and allocation of scarce resources and recognizes and protects aspects of personhood. It must do both, because human beings are both resources for one another and the persons whose moral importance the legal system seeks to protect. This Article explores how property law has addressed this paradox in the past and how it might in the future.

Two bodies …

Ibsen’S An Enemy Of The People In America: From Arthur Miller To Simon Levy, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

The Postfeminist Filmic Female Gothic Detective: Reading The Bodily Text In Candyman, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Reefer Madness: Broken Windows Policing And Misdemeanor Marijuana Arrests In New York City, 1989-2000, Bernard E. Harcourt, Jens Ludwig

Faculty Scholarship

The pattern of misdemeanor marijuana arrests in New York City since the introduction of broken windows policing in 1994 – nicely documented in this issue in Andrew Golub, Bruce Johnson, and Eloise Dunlap's article (2007) – is almost enough to make an outside observer ask: Who thought of this idea in the first place? And what were they smoking?

By the year 2000, arrests on misdemeanor charges of smoking marijuana in public view (MPV) had reached a peak of 51,267 for the city, up 2,670% from 1,851 arrests in 1994. In 1993, the year before broken windows policing was implemented, …

Turning The Hearts Of Fathers To Their Children: Why Religious Involvement Can Make A Difference, Loren Marks, David C. Dollahite

Faculty Publications

Charles Dickens, the English author and keen observer of human affairs, wrote of revolution-era France: "It was the best of times, it was the worst of times." In many ways, Dickens' dichotomy regarding "the best of times" and "the worst of times" captures the state of contemporary American fatherhood. Many fathers are more highly involved with their children than the fathers of past generations. Conversely, many other fathers are disconnected from or uninvolved with their children. For many of the fathers who are highly involved in their children's lives, their religious faith is a motivational influence.

Browsing Lawns? Responses Of Acacia Nigrescens To Ungulate Browsing In An African Savanna., D. A. Fornara, Johan T. Du Toit

Wildland Resources Faculty Publications

We measured browsing-induced responses of Acacia trees to investigate "browsing lawns" as an analogy to grazing lawns in a semiarid eutrophic African savanna. During the two-year field study, we measured plant tolerance, resistance, and phenological traits, while comparing variation in leaf nitrogen and specific leaf area (SLA) across stands of Acacia nigrescens, Miller, that had experienced markedly different histories of attack from large herbivores. Trees in heavily browsed stands developed (1) tolerance traits such as high regrowth abilities in shoots and leaves, high annual branch growth rates, extensive tree branching and evidence of internal N translocation, and (2) resistance traits …

Stricter Rules On Storm Water Discharges Taking Effect, Michael B. Gerrard

Faculty Scholarship

On. 8, 2008, new requirements will take effect in New York requiring some previously unregulated entities to file for permits to discharge storm water, and imposing stricter or different requirements on those entities that are already regulated.

The state is requiring urbanized communities and publicly owned institutions, referred to as municipal separate storm sewer systems (MS4s), to establish fully functional stormwater management programs (SWMPs) by that date. The state has issued new draft permits for MS4s and also for operators of construction sites over one acre, which go into effect on Jan. 8.

What Is A Twentieth-Century Constitution?, Peter E. Quint

Maryland Law Review

No abstract provided.

Reassessing Damages In Securities Fraud Class Actions, Elizabeth Chamblee Burch

Maryland Law Review

No abstract provided.

Lateral Wall Protein Content Mediates Alterations In Cochlear Outer Hair Cell Mechanics Before And After Hearing Onset, Heather Jensen Smith, Richard Hallworth

Journal Articles: Eppley Institute

Specialized outer hair cells (OHCs) housed within the mammalian cochlea exhibit active, nonlinear, mechanical responses to auditory stimulation termed electromotility. The extraordinary frequency resolution capacity of the cochlea requires an exquisitely equilibrated mechanical system of sensory and supporting cells. OHC electromotile length change, stiffness, and force generation are responsible for a 100-fold increase in hearing sensitivity by augmenting vibrational input to non-motile sensory inner hair cells. Characterization of OHC mechanics is crucial for understanding and ultimately preventing permanent functional deficits due to overstimulation or as a consequence of various cochlear pathologies. The OHCs' major structural assembly is a highly-specialized lateral …

My Collection: Defined, Robin Meyer

Neureuther Book Collection Essay Competition

Undergraduate Winner: 1st Place, 2007. 20th Annual Carl Neureuther Student Book Collection Competition.

Science And Politics In The History Of Paleoanthropology, Tafline Crawford

Neureuther Book Collection Essay Competition

Graduate Winner: 1st Place, 2007. 20th Annual Carl Neureuther Student Book Collection Competition.

Can There Be A Theory Of Law?, Joseph Raz

Faculty Scholarship

The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place and time. It also considers the possibility of understanding the institutions, such as the law, of cultures whose concepts …

Hidden Foreign Aid, David Pozen

Faculty Scholarship

Few issues in global politics are as contentious as foreign aid – how much rich countries should give, in what ways, to whom. For years, it has been a commonplace that U.S. policies are stingy. The Organization for Economic Cooperation and Development (OECD) routinely ranks the United States far behind its industrialized peers in official development assistance (ODA), measured as a percentage of gross national income (GNI). An endless parade of critics has implored the government to do more; some suggest that the Bush Administration's support for the Monterrey Consensus, which sets a goal of increasing assistance to 0.7% of …

The Market-Participant Exception And The Dormant Foreign Commerce Clause, J. T. Hutchens

Cardozo Public Law, Policy & Ethics Journal

The note argues against extending the Market-Participant Exception to the Dormant Foreign Commerce Clause, asserting that such an extension would undermine the federal government's exclusive authority over foreign affairs and potentially disrupt national foreign policy. While the exception is well-established in interstate commerce, its application to foreign commerce raises unique concerns, including the risk of international retaliation and the erosion of the "one voice" principle in international relations. The author emphasizes that the constitutional separation of powers and the Supremacy Clause further support the necessity of federal primacy in foreign trade matters.

An Answer To The Question: "What Is Poststructuralism?", Bernard E. Harcourt

Faculty Scholarship

What is poststructuralism? It has always struck me as odd that so many critical theorists are reluctant to offer an answer to this question. In this essay, I unpack the term and provide a synoptic answer. Poststructuralism, I suggest, is a style of critical reasoning that focuses on the moment of ambiguity in our systems of meaning, as a way to identify the ethical choices that we make when we overcome the ambiguity and move from indeterminacy to certainty of belief in our efforts to understand, interpret, and shape our environment. Post-structuralism concentrates on the moment when we impose meaning …