Digital Commons Network^™

Purposivism And The "Reasonable Legislator": A Review Essay Of Justice Stephen Breyer's Active Liberty, Damien M. Schiff

William Mitchell Law Review

No abstract provided.

Physiological Parameters As Indicators Of Activity Level In Twelve Species Of Sharks, Will V. Bet-Sayad

Electronic Theses and Dissertations

No abstract provided.

Fragile Democracies, Samuel Issacharoff

Faculty Articles

Democratic regimes around the world find themselves besieged by antidemocratic groups that seek to use the electoral arena as a forum to propagandize their causes and rally their supporters. Virtually all democratic countries respond by restricting the participation of groups or political parties deemed to be beyond the range of tolerable conduct or viewpoints. The proscription of certain views raises serious problems for any liberal theory in which legitimacy turns on the democratic consent of the governed. When stripped down to their essentials, all definitions of democracy rest ultimately on the primacy of electoral choice and the presumptive claim of …

Bell Atlantic V. Twombly: How Motions To Dismiss Become (Disguised) Summary Judgments, Richard A. Epstein

Faculty Articles

The recent Supreme Court decision in Bell Atlantic v. Twombly stands at the crossroads of antitrust and civil procedure. As an antitrust case, Twombly makes sense on structural grounds. The FCC regulation of the telecommunications industry, and the many innocent explanations as to why each telecommunications company would stay out of its rival's territories obviated the need for further discovery. But in many other contexts, including Conley v. Gibson a case involving potential breach of the duty of fair representation on matters of racial discrimination discovery could flesh out the relevant factual issues. The Supreme Court's general disapproval of Conley …

The "Charles Stimson" Rule And Three Other Proposals To Protect Lawyers From Lawyers, Stephen Gillers

Faculty Articles

Lawyers can be “at the edge” for many different reasons. For purposes of this Article, I define “at the edge” to mean lawyers who for one of two reasons encounter risks of, or actual harm to, their career, freedom, physical safety, reputation, or income. The two reasons are the identity of the lawyer’s client, or the nature of the claim the lawyer is making in court, or both. Lawyers may also be at risk for tactics that bring sanctions. But that is a different kind of risk, a risk of crossing an ethical or legal boundary, and not part of …

Poverty Law And Civil Procedure: Rethinking The First-Year Course, Helen Hershkoff

Faculty Articles

This Essay argues that poverty and inequality issues should be integrated into first-year civil procedure courses. It examines what framework could be achieved to examine these issues in a civil procedure context. And finally, it connects the author’s proposed approach with the broader mission of legal education.

Tribe, Kenji Yoshino

Faculty Articles

I met Larry Tribe in 1997 at a dinner party in Cambridge, Massachusetts. To introduce me to her colleagues, Harvard Professor Martha Minow asked me which of the University's scholars I would like to invite to my ideal dinner. As a newly minted professor, it took me a moment to realize this was not an interview question, but her characteristically generous attempt to construct a guest list. I asked for Larry Tribe and Helen Vendler. I had been lucky enough to take a seminar on modem poetry with Vendler as an undergraduate at Harvard. But neither Vendler nor I had …

Somerset’S Case At The Bar: Securing The "Pure Air" Of English Jurisdiction Within The British Empire, Daniel J. Hulsebosch

Faculty Articles

How do we measure the importance of Somerset's Case-or any single legal decision? The answer will depend on why we ask the question. Thirty years ago in an important article, William Wiecek showed how American abolitionists embraced Somerset, and papers throughout this conference have demonstrated that the case reverberated throughout the United States for almost a century after Lord Mansfield uttered his cryptic opinion in Westminster Hall in 1772. Mansfield did not say anything about England's air quality, but James Somerset's counsel did exclaim that England's air was too pure for a slave to breathe. This line was at least …

How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein

Faculty Articles

In dealing with a question of this sort, most public lawyers start with the original document, the Constitution. The tools of their trade are the interpretive ones associated with textual analysis in its historical context. The underlying subject matter of the particular transaction is a decidedly second-order concern. In contrast, I came into constitutional law quite by accident, and with a certain degree of regret, for at heart I remain very much a private lawyer. My starting points of reference are the routine transactions between ordinary individuals, none of whom have any of the special prerogatives of the state. From …

Living Without Copyright In A Digital World, Diane L. Zimmerman

Faculty Articles

This essay points out that creators and copyright owners recognize, whether or not they admit it, that traditional copyright law is simply not up to the job we have tried to assign it in cyberspace. In fact, copyright owners in reality do not rely on copyright to protect themselves there, except in purely incidental ways. Instead, they use one of four strategies in distributing their content - the strategies of the Naysayer, the Locksmith, the Subverter and the Explorer. The Naysayers try to avoid problems by staying away from on line distribution altogether; the Locksmiths shroud their works in digital …

Federalism: Executive Power In Wartime, Richard A. Epstein, Roger Pilon, Geoffrey R. Stone, John C. Yoo, William H. Pryor Jr.

Faculty Articles

Panel on executive powers in wartime during Federalist Society's 2006 National Lawyers' Convention

Dynamic Characterization Of Multi-Wall Carbon Nano Tube/ Nylon 6,6 Nanocomposites / By Ravi Zalani, Ravi Zalani

Electronic Theses and Dissertations

No abstract provided.

Going Against The Flow : Making A Case For A Men's Food And Lifestyle Magazine, Garreth C. Blackwell

Electronic Theses and Dissertations

No abstract provided.

A Spatial Median Filter For Noise Removal In High Dimensional Images, James Church

Electronic Theses and Dissertations

No abstract provided.

Community Rehabilitation Programs And Organizational Change: A Mentor Guide To Increase Customized Employment Outcomes, John Butterworth, Cecelia Gandolfo, W. Grant Revell, Katherine J. Inge

All Institute for Community Inclusion Publications

In 2002, the U.S. Department of Labor, Office of Disability Employment Policy (ODEP) announced the availability of funds to support a National Training Technical Assistance for Providers (T-TAP) project. The goal of the project was to assist community rehabilitation providers (CRPs) in facilitating integrated employment / customized employment outcomes for individuals served by these programs. Virginia Commonwealth University (VCU) in partnership with the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston submitted a proposal and was awarded the cooperative agreement in October of 2002.

For the purpose of this Guide, customized employment is defined as a process …

He Looks Like A Burrito, Rebecca Saunders

English Faculty Publication Series

Two women meet in a park while walking their dogs and begin what could become an interesting friendship. One is fresh into a new love affair, while the other is grieving the end of hers. They discover something in common stronger than they ever could have imagined.

Review Of Inge Nielsen, Cultic Theatres And Ritual Drama In American Journal Of Archaeology, On-Line Reviews, Vol. 111.1:, Kenneth S. Rothwell Jr.

Classics & Religious Studies Faculty Publication Series

Nielsen has done us a great service by collecting the considerable evidence for cultic performance spaces in Egypt, Mesopotamia, Syria, Phoenicia, Asia Minor, Crete, Greece, Sicily, and Italy. A table (340–41) gives an index of the 58 bestpreserved theaters, but dozens of others are discussed as well. Although some of the theaters could also have been used for “secular” literary drama, this volume focuses on cultic use. Nielsen’s observations should be of great interest to students of theater, religion, and ancient architecture.

Quantifying Kinematics Of Purposeful Movements To Real, Imagined, Or Absent Functional Objects: Implications For Modelling Trajectories For Robot-Assisted Adl Tasks, Kimberly J. Wisneski, Michelle J. Johnson

Biomedical Engineering Faculty Research and Publications

Background

Robotic therapy is at the forefront of stroke rehabilitation. The Activities of Daily Living Exercise Robot (ADLER) was developed to improve carryover of gains after training by combining the benefits of Activities of Daily Living (ADL) training (motivation and functional task practice with real objects), with the benefits of robot mediated therapy (repeatability and reliability). In combining these two therapy techniques, we seek to develop a new model for trajectory generation that will support functional movements to real objects during robot training. We studied natural movements to real objects and report on how initial reaching movements are affected by …

Ph Effect On Adsorption Of Saxititoxin On Powdered Activated Carbon, Jie Ding

Masters Theses

"The presence of algal toxins, or cyanotoxins, in surface water has been increasingly reported. These highly hazardous toxins are potential threat to both human health and animals by contaminating drinking water sources over the world. In this study, the removal efficiency of saxitoxin from water using powered activated carbon was tested at different pH values for deionized water and natural surface water. The results of this study showed that pH has a strong impact on removal efficiency of saxitoxin using powdered activated carbon. Specifically, the removal efficiency of saxitoxin is significantly increased at higher pH from 5.7 to pH 10.7. …

Antimicrobial Activities Of Aldehydes And Ketones Produced During Rapid Volatilization Of Biogenic Oils, Aruna Lamba

Masters Theses

"The overall objective of the research presented in this thesis was to evaluate the antimicrobial properties of commercially available neat compounds in order to validate the analytes which were found in the smoke generated during rapid volatilization of biogenic oil esters and mineral oils. To attain this objective various analytes were selected from the analytical data provided for the smoke, and neat compounds were purchased. A special desiccator was designed to conduct experiments. Simultaneously vapor phase concentration of the neat compounds was determined to establish relation between neat compounds and the analytes found in smoke. Other part of the thesis …

Single Cell Expression Profiling Reveals Major Disruption Of Dna Repair Capacity In Incipient Alzheimer's Disease, Monika Ray, Weixiong Zhang

All Computer Science and Engineering Research

Understanding the pathogenesis in the early stages of late-onset Alzheimer's disease (LOAD) can help in gaining important mechanistic insights into this devastating neurodegenerative disorder. Alzheimer's disease (AD) is characterised by extensive cell death with disease progression. In this paper laser capture microdissection (LCM) based gene expression profiling, which is able to profile gene expression in a single cell type, is employed to analyse the gene expression regulation of incipient AD. Our analysis shows that LCM based gene expression profiling of neurons has a critical advantage over the conventional gene expression profiling method which uses samples of mixed cell types and …

Ipm And Iwdm: Is There A Difference?, Michael J. Bodenchuck

Human–Wildlife Interactions

Integrated pest management (IPM) has been the model for pest management for more than half a century. IPM has been defined as “the process of integrating and applying practical methods of prevention and control to keep pest situations from reaching damaging levels while minimizing potentially harmful effects of pest control measures on humans, nontarget species and the environment” (USDA 1994). The IPM model taught in invertebrate pest management classes includes the concept of an economic threshold (a level at which the benefits of control exceed the costs of the damage plus the costs of control). The methods which are “integrated” …

A Landscape-Level Survey Of Feral Hog Impacts To Natural Resources Of The Big Thicket National Preserve, Pedro M. Chavarria, Roel R. Lopez, Gillian Bowser, Nova J. Silvy

Human–Wildlife Interactions

We conducted a survey of the impact of feral hog (Sus scrofa) on the natural resources of the Big Thicket National Preserve (BTNP), a unit of the National Park Service. We worked in 3 management units: Lance Rosier, Big Sandy, and Turkey Creek. Random stratified sampling was conducted to assess impacts from hog damage on resources by vegetation type at a landscape scale. Landscape features such as topography, soil moisture, soil type, and dominant vegetative cover types were used to predict hog damage. The overall damage to vegetation from hog rooting or wallowing averaged 28% within the 3 …

Why This Journal Was Created, Johan T. Du Toit

Human–Wildlife Interactions

The publication of this second issue of Human–Wildlife Conflicts is something of a triumph, not only because it reflects the continued support of the journal by contributing authors, but also because it confirms the journal’s ability to survive through lean times. The Jack H. Berryman Institute is dependent on Congressionally directed federal funding passed through USDA/ APHIS/Wildlife Services, but that was disrupted by the power shift that occurred in the U.S. Congress in January. The resolution of Congress to withhold approval of most spending bills until presentation of the fiscal 2008 budget later this year meant that the Berryman Institute’s …

Intrafield Patterns Of Wildlife Damage To Corn And Soybeans In Northern Indiana, Travis L. Devault, James C. Beasley, Lee A. Humberg, Brian J. Macgowan, Mónica I. Retamosa, Ollin E. Rhodes Jr.

Human–Wildlife Interactions

Management programs aimed at reducing wildlife damage to row crops rely on information concerning the spatial nature of wildlife damage at local and landscape scales. In this study we explored spatial patterns of wildlife damage within individual corn and soybean fields by describing relationships between specific locations where wildlife damage was recorded and distances from such locations to various habitat types that presumably influenced animal abundance and movements in our study area. Using stratified random sampling, we conducted depredation surveys of 100 corn fi elds and 60 soybean fields from May through October both in 2003 and 2004 and recorded …

Adaptive And Economic Management Methods For Feral Hog Control In Florida, Richard M. Engeman, Bernice U. Constantin, Stephanie A. Schwiff, Henry T. Smith, John Woolard, John Allen, John Dunlap

Human–Wildlife Interactions

Feral hogs (Sus scrofa) negatively impact the environment in most places around the world where they have been introduced into the wild. In many places, hog removal is essential to protect special habitats, in particular, wetlands. This paper describes techniques developed for use in adaptive management approaches to enhance hog removal efforts in Florida, as well as methods to evaluate the economic impacts from hog management. A valuable adaptive management tool that can be an easily applied index to monitor feral hog activity is track plots. This method has been effective for monitoring hog distribution and relative abundance, …

An Extraordinary Patch Of Feral Hog Damage In Florida Before And After Initiating Hog Removal, Richard M. Engeman, John Woolard, Henry T. Smith, Jean Bourassa, Bernice U. Constantin, Daniel Griffin

Human–Wildlife Interactions

Feral hogs (Sus scrofa) are a particularly destructive exotic species in the United States (U.S. Department of Agriculture 1999), including Florida, which, along with Hawaii, is one of 2 states cited as having the most severe invasive species problems (U.S. Congress 1993) in the country. First introduced to North America by the European colonists (Conover 2007) hogs were one of the first invasive exotic species to take hold in Florida. They can transmit disease to livestock (Hartin et al. 2007) and humans (Conover and Vail 2007). They impose a variety of negative environmental impacts, including habitat degradation and …

In The News, Fall 2007, Joe N. Caudell

Human–Wildlife Interactions

The Tribune-Democrat of Johnstown, Pennsylvania, reported several disturbing trends about the state’s 2006 feral hog hunt. Initially, it was thought that feral hogs existed only in small, isolated pockets within the state, consisting of <30 individuals per pocket. But, during the fall 2006 hunting season, at least 200 hogs were taken from 2 counties. USDA/ APHIS Wildlife Services has been studying the feral hog population and believes that there are at least 3,000 hogs in the state, and it has found evidence that the hogs are breeding in several counties. Wildlife biologists theorize that additional hunting pressure put on the hogs by large hunting parties is causing the hogs to disperse over a larger area than when they are pursued by individual hunters.

Demographic And Spatial Characteristics Of Feral Hogs In The Chihuahuan Desert, Texas, Roger N. Adkins, Louis A. Harveston

Human–Wildlife Interactions

Feral hogs (Sus scrofa) have recently expanded their range to include portions of the arid regions of the Chihuahuan Desert, Texas. We examined feral hog density, survival rates, range size, and habitat use in the Davis Mountains, Texas, to understand hog ecology in a desert environment. We tested the hypothesis that densities of feral hogs across Texas would be positively related to precipitation. Feral hog densities in the Chihuahuan Desert were low (0.65 individuals/km²), supporting our prediction. Annual home range sizes (100% minimum convex polygon) were also high and averaged 48.3 ± 4.4 km² and …

Distribution And Disease Prevalence Of Feral Hogs In Missouri, R. Edwin Hartin, Mark R. Ryan, Tyler A. Campbell

Human–Wildlife Interactions

No attempts have been made to document the distribution of feral hogs (Sus scrofa) in Missouri. Also, antibody prevalence for pseudorabies virus and swine brucellosis have not been reported from Missouri. Our objectives were to characterize the current distribution of feral hogs in Missouri and to determine prevalence and distribution of feral hogs with antibodies against selected important diseases. We collected feral hog sighting data both from the public and Missouri Wildlife Services and Missouri Department of Conservation wildlife biologists. We determined prevalence of antibodies against pseudorabies virus, swine brucellosis, tularemia, and classical swine fever. From 2000 to …