Digital Commons Network^™

Bumping Along The Bottom: Abandoned Principles And Failed Fiduciary Standards In Uniform Partnership And Llc Statutes, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.

How Do I Love Thee, Let Me Count The Days: Deathbed Marriages In America, Terry L. Turnipseed

Kentucky Law Journal

No abstract provided.

Spike-Based Feature Extraction For Noise Robust Speech Recognition Using Phase Synchrony Coding, Ismail Uysal, Harsha Sathyendra, John G. Harris

Electrical and Computer Engineering Faculty Research & Creative Works

We propose a noise robust feature extraction technique for speech signals using phase synchrony. The front-end employs a psychoacoustic cochlea model with inner hair cells to transform speech into a parallel stream of spike trains as observed in the auditory nerve fibers. The degree of phase synchrony among nerve fibers with similar characteristic frequencies is calculated to yield a feature vector which shows little degradation in response to increasing levels of noise. As a benchmark, the feature set is used in a biologically plausible model with a spike-based, liquid state machine classifier for a simple acoustic classification task. Though applied …

The Rise And Fall Of Chinese Tax Incentives An Implications For International Tax Debates, Jinyan Li

Articles & Book Chapters

No abstract provided.

New Frameworks For Racial Equality In The Criminal Law, Jeffery Fagan, Mukul Bakhshi

Faculty Scholarship

This Symposium, " Pursuing Racial Fairness in the Administration of Justice: Twenty Years After McClesky v. Kemp," was conceived and inspired by Theodore Shaw, Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc. Ted Shaw and his staff worked with Columbia Law School Professor Jeffrey Fagan to recruit an outstanding group of scholars and activists who met on March 2-3, 2007 to hear and comment on the articles appearing in this Symposium. In addition to the authors whose work appears in this issue, many others made important contributions to the Symposium through their commentaries and presentations. These …

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 …

Benthic Predators And Northern Quahog (=Hard Clam) (Mercenaria Mercenaria Linnaeus, 1758) Populations, Eileen Polyakov, John N. Kraeuter, Eileen E. Hofmann, Stuart C. Buckner

CCPO Publications

Increased numbers of benthic predators, especially crabs, have been proposed as a factor contributing to the decline of hard clams (Mercenaria mercenaria Linnaeus, 1758) in Great South Bay, NY. The long-term trend in benthic predators in this system was examined using observations on the distribution and abundance of predators that have been collected by the Town of Islip, NY as part of an annual survey of hard clam populations. The survey began in 1978 and extends to the present and provides concurrent observations of habitat (sediment type, and presence/absence of eelgrass), and hard clam size-frequency distribution and abundance. Predator type …

Is Oyster Shell A Sustainable Estuarine Resource?, Eric N. Powell, John M. Klinck

CCPO Publications

The decline of the eastern oyster (Crassostrea virginica) as an estuarine resource is well documented for many estuaries on the United States east coast. This decline is often associated with a decline in the shell resource and ultimately the disappearance of the shell bed. We develop a model that expressly and conjointly evaluates oyster abundance and surficial shell quantity and examine whether stability in the stock and the habitat can be simultaneously achieved. Simulations suggest that a steady-state shell content exists for any set of recruitment and natural mortality rates and that the amount of shell present at steady state …

Bottom-Up Forcing And The Decline Of Steller Sea Lions (Eumetopias Jubatus) In Alaska: Assessing The Ocean Climate Hypothesis, Andrew W. Trites, Arthur J. Miller, Michael A. Alexander, Steven J. Bograd, John A. Calder, Antonietta Capotondi, Kenneth O. Coyle, Emanuele Di Lorenzo, Bruce P. Finney, Edward J. Gregr, Chester E. Grosch, Thomas C. Royer

CCPO Publications

Declines of Steller sea lion ( Eumetopias jubatus) populations in the Aleutian Islands and Gulf of Alaska could be a consequence of physical oceanographic changes associated with the 1976–77 climate regime shift. Changes in ocean climate are hypothesized to have affected the quantity, quality, and accessibility of prey, which in turn may have affected the rates of birth and death of sea lions. Recent studies of the spatial and temporal variations in the ocean climate system of the North Pacific support this hypothesis. Ocean climate changes appear to have created adaptive opportunities for various species that are preyed upon …

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 …

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 …

The Generative Structure Of Aboriginal Rights, Brian Slattery

Articles & Book Chapters

Are aboriginal rights historical rights -- rights that gained their basic form in the distant past? Or are they generative rights -- rights that, although rooted in the past, have the capacity to renew themselves, as organic entities that grow and change? Section 35(1) of the Constitution Act, 1982 provides little guidance on the point, referring ambiguously to existing aboriginal and treaty rights. In the Van der Peet case, decided in 1996, the Supreme Court of Canada characterized aboriginal rights primarily as historical rights, moulded by the customs and practices of aboriginal groups at the time of European contact, with …

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, …

Introduction: Visual Communication In Life Sciences, Kathryn M. Northcut

English and Technical Communication Faculty Research & Creative Works

No abstract provided.

A Study Of The Interaction Between The Basigin Transmembrane Domain And Monocarboxylate Transporter 1, Nicole A. Finch

UNF Graduate Theses and Dissertations

It is thought that a lactate shuttle complex of Basigin gene products and Monocarboxylate transporter 1 (MCT1) is necessary for photoreceptor cell maturation and function. The purpose of this study was to investigate the assembly of the lactate shuttle by determining which amino acids within Basigin interact with MCT1. It has been hypothesized that these two membrane proteins interact via the transmembrane domain of Basigin. Therefore, a full-length histidine-tagged peptide of the transmembrane domain (24 amino acids), as well as histidine-tagged deletion mutants were generated using the pET1 02/0 vector (Invitrogen) to test for binding to MCT1 via enzyme-linked immunosorbent …

Remembering The Collective Body, Dicki Johnson

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Authentic Movement As A Meditative Practice, Vivien Marcow-Speiser, Michael Franklin

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Toward A Participatory Worldview, Lily Fressenden

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Working Creatively With Others To Transform Unjust Social Structures, Farid Esack

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Why Torts Die, Kyle Graham

Faculty Publications

A few authors have performed autopsies on specific torts and identified the suspected reasons behind their deaths.  These analyses, though interesting, are by their own admission of limited scope and do not provide especially useful analytic or predictive tools. This Article has a broader goal. Just as pathologists and epidemiologists study how fatal illnesses spread, conservation biologists examine why animal species go extinct, and geographers and anthropologists try to understand why societies succeed or fail,  this Article surveys the roster of dead and dying torts and then asks (and tries to answer) a novel question: Why do torts die? This …

But Can It Be Fixed? A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter

Faculty Publications

This article argues that California's Procedure 770 as currently implemented is unconstitutional. Judge Fogel, after an exhaustive review of evidence from all parties,agrees. Although Judge Fogel believes that the lethal injection system, while broken "can be fixed," we argue that lethal injection, as a method of execution, is always unconstitutional because the procedures employed in its administration can never ensure against unnecessary risk of pain to the inmate. We also argue that the California legislature must step in to publicly review lethal injection executions and to investigate the conduct of the California Department of Corrections and Rehabilitation (CDCR) in the …

Sos (Safeguard Our Survival): Understanding And Alleviating The Lethal Legacy Of Survival Threatening Child Abuse, Nancy A. Wright, Eric Wright

Faculty Publications

To try to achieve the goal of fully protecting a child the first time the child is subjected to potentially survival-threatening abuse, this Article suggests the creation of a model program, called the SOS ("Save Our Survival") Program, with the hope that this model program might ultimately be adopted by child protective agencies throughout the United States. Specially trained teams, known as SOS ("Safeguard Our Survival") Teams, comprised of child protection workers, police officers, medical personnel, attorneys and social workers would staff the program. SOS Team members, who would be on call 24/7, would be notified as soon as a …

Language Accommodation And The Voting Rights Act, Angelo N. Ancheta

Faculty Publications

Since 1975, the language assistance provisions of the federal Voting Rights Act have provided important safeguards of voting rights to racial and ethnic minority citizens. Despite the renewal of key provisions of the Voting Rights Act in 2006 for an additional twenty-five years, Congress has not articulated a comprehensive theory of language rights in the voting arena, nor has it provided language assistance mechanisms that provide adequate assistance to all limited-English-proficient voters.

This paper articulates a theory of language accommodation within federal antidiscrimination jurisprudence and suggests revisions to key sections of the Voting Rights Act to expand coverage of the …

Online Word Of Mouth And Its Implications For Trademark Law, Eric Goldman

Faculty Publications

This Chapter discusses the emergence of online word of mouth, the process by which consumers disseminate their views about marketplace goods and services. Due to online word of mouth, consumers have an unprecedented ability to influence the brand perceptions of other consumers. Unfortunately, these effects have put doctrinal pressure on trademark law, leading to judicial interpretations that inhibit the flow of online word of mouth and may damage the efficacy of marketplace mechanisms. This Chapter will explore how trademark law should be interpreted to preserve the flow of socially beneficial online word of mouth.

The Avoidance Canon: From The Cold War To The War On Terror, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

Deriving History From Law: Are Cheques Traceable To The Talmud?, Benjamin Geva

Articles & Book Chapters

No abstract provided.

Germ-Line Chimerism And Paternal Care In Marmosets (Callithrix Kuhlii), Corinna N. Ross, J. A. French, G. Ortí

Biology Faculty Publications (Archived)

The formation of viable genetic chimeras in mammals through the transfer of cells between siblings in utero is rare. Using microsatellite DNA markers, we show here that chimerism in marmoset (Callithrix kuhlii) twins is not limited to blood-derived hematopoietic tissues as was previously described. All somatic tissue types sampled were found to be chimeric. Notably, chimerism was demonstrated to be present in germ-line tissues, an event never before documented as naturally occurring in a primate. In fact, we found that chimeric marmosets often transmit sibling alleles acquired in utero to their own offspring. Thus, an individual that contributes gametes to …

The Deregulatory Valence Of Justice O'Connor's Federalism, Bradley W. Joondeph

Faculty Publications

When Justice O'Connor announced her retirement in July 2005, reflections on her career teemed with references to her role as a leader of the Rehnquist Court's federalism revival. But the common perception of O'Connor as an ardent defender of the states' independent policymaking authority is grounded in a narrow understanding of constitutional federalism - one that focuses primarily, if not exclusively, on the limits of the national government's power. Constitutional federalism also involves a variety of structural constraints on state power, constraints that are designed to protect the interests of the nation as a whole. And in cases implicating these …

Negligence In The Air: The Duty Of Care In Climate Change Litigation, James Salzman, David Hunter

Faculty Scholarship

The prospect of tort litigation against private parties has been gaining increasing attention by lawyers. While only three such cases have been filed thus far, observers (including the organizers of this symposium) clearly expect the number to increase significantly. Indeed, if successful, these and future cases will have a huge impact on the industries sued and, as hopeful lawyers have mused, could make the tobacco litigation look small by comparison. But will these cases succeed? As law students all dutifully learn in their first year Torts class, a prima facie negligence claim must satisfy four elements - duty, breach, causation, …

Law School Libraries 2007, Richard A. Danner

Faculty Scholarship

The primary mission of the law school library is to meet the information needs of the faculty and students of the institution it supports. In addition to their role in educating future lawyers, law schools are the major producers of scholarly literature in law and rely on academic law libraries to provide the resources and support needed for research and publication. Beyond support for the core functions of legal education and research, the specific missions of law school libraries vary depending on the size and missions of law schools of different types. Differences among law schools result in differences among …