Digital Commons Network^™

Comment: The Ninth Amendment: A Constitutional Challenge To Corporal Punishment In Public Schools, David R. Hague

Faculty Articles

The Supreme Court's refusal to resolve the conflict over corporal punishment in public schools perpetuates the uncertainty over children and parents' legal rights. The use of corporal punishment in public schools unconstitutionally abridges parents' right to direct the upbringing of their children because it forces parents to accept the emotional and physical marks that corporal punishment leaves on their children. In 1977, the Supreme Court addressed the constitutionality of corporal punishment in Ingraham v. Wright. The Court held that the cruel and unusual punishment clause of the Eighth Amendment applied only to criminal punishments and thus provided no protection against …

Unlaw, Emily A. Hartigan

Faculty Articles

The United States is in a time of “unlaw” that is both a point in circular time, the time of eternal return, and a point never before reached. This “unlaw” infuses both the practical, applied, and experiential world of politics. Additionally, this era of “unlaw” also incorporates the intellectual world of philosophy and theology as well as political theory.

In this state of non-law, the United States incarcerates a higher percentage of people than any other developed nation. The United States claims to value money so much that it is speech, and thus free under the First Amendment. This results …

Categorical Exclusions From Capital Punishment: How Many Wrongs Make A Right?, Dora W. Klein

Faculty Articles

The two categorical exclusions of age and mental capacity will impact not only those offenders who are excluded from the death penalty, but also those offenders who remain subject to this punishment. The Supreme Court’s decisions in Roper v. Simmons and Atkins v. Virginia raise the issue that a capital-punishment-limiting decision possesses wrongs of its own. Both decisions limit the death penalty—Roper excludes from this punishment offenders who committed their crimes before they were eighteen years old and Atkins excludes offenders who are mentally retarded. But in both cases, the Supreme Court overstated the uniformity and universality of traits associated …

The Court Of Appeals For The Fifth Circuit: A Legal Analysis And Statistical Review Of 2005-2006 Insurance Decisions, Willy E. Rice

Faculty Articles

he Fifth Circuit Court of Appeals decided and published twenty-four insurance-related appeals between June 2005 and May 2006 from cases originating in seven federal district courts. Like petitioners in prior years, the overwhelming majority of the 2005-2006 appellants petitioned the court of appeals to reverse or vacate district courts' adverse summary judgments as well as the lower courts' allegedly questionable interpretations of various insurance contracts. Most of the controversies involved familiar procedural and substantive questions of law, but the Fifth Circuit also decided many questions of fact. Furthermore, several preemption questions and disputes over subject matter jurisdiction appeared among the …

Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum,, Bernard D. Reams Jr., Michael P. Forrest

Faculty Articles

Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results.

Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …

The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21, Michael S. Ariens

Faculty Articles

The Texas Supreme Court from 1911–1921 is best known not for the law it made or the opinions it wrote, but for its failure to decide cases. Although the supreme court’s difficulty in clearing its docket existed before 1911, the number of outstanding cases exploded during the second decade of the twentieth century.

Arguably, the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were …

Cradle To Cage: Confronting The Premature Institutionalization Of The Children Of The Incarcerated, Jen Fell

Theses and Dissertations

American prisons are swollen and distended. Over 2 million Americans sit in jail or prison today. About 2/3 of the incarcerated are parents. They parent approximately 2 million children in America today who are separated from mom or dad because of incarceration. Their children suffer from poverty, inconsistency in caregivers, separation from siblings, reduced opportunity to health and education and increased risk for substance abuse, alcoholism and incarceration themselves. Children of the incarcerated are seven times more likely than their peers to become incarcerated as adults.Many of these children are unable to visit their parents. Over half the mothers in …

Development And Validation Of A Computational Musculoskeletal Model Of The Elbow Joint, Justin Paul Fisk

Theses and Dissertations

Musculoskeletal computational modeling is a versatile and effective tool which may be used to study joint mechanics, examine muscle and ligament function, and simulate surgical reconstructive procedures. While injury to the elbow joint can be significantly debilitating, questions still remain regarding its normal, pathologic, and repaired behavior. Biomechanical models of the elbow have been developed, but all have assumed fixed joint axes of rotation and ignored the effects of ligaments. Therefore, the objective of this thesis was to develop and validate a computational model of the elbow joint whereby joint kinematics are dictated by three-dimensional bony geometry contact, ligamentous constraints, …

Effects Of Cxcl8 Overexpression On Tumor Cell Proliferation And Migration In An Hnscc Cell Model, Emil Paul Christofakis

Theses and Dissertations

Head and neck squamous cell carcinoma is the 6th most common malignancyworldwide. Recently, a link between cancer and inflammation has been found. Mediatingthis relationship are the chemotactic cytokines known as chemokines. CXCL8 (Interleukin-8), a CXC ELR+ Chemokine mainly responsible for neutrophil chemoattraction, has beenimplicated in increased tumor proliferation, migration and angiogenesis. The current studytests the effects of CXCL8 on the tumor proliferation and metastasis. By genetically modifying cells to knockdown or overexpress the CXCL8 gene we tested its biological rolein head and neck cancer progression. Overexpression of CXCL8 in HN4 tumor cells withlow endogenous CXCL8 levels was found to increase …

Interactions Of Mtfabh With Its Substrates And Inhibitors Reveal Novel Mechanistic Insights, Sarbjot Singh Sachdeva

Theses and Dissertations

Tuberculosis emerged from its grave to be one of the deadliest diseases of the present time after recently developing a synergy with AIDS. A fatty acid condensing enzyme-mtFabH has been proposed to connect the key processes involved in biosynthesis of mycolic acids, an important component of mycobacterial cell wall. It condenses long acyl Coenzymes A (CoA; up to C20CoA) with malonyl Acyl Carrier Protein (ACP) to form the elongated β-ketoacyl-ACP which further undergoes rounds of elongation to form mero-mycolate branch of mature mycolic acids. Owing to its proposed central position in mycolic acid synthesis, mtFabH has attracted considerable attention as …

Life In An Occupied City: Women In Winchester, Virginia During The Civil War, Laura Jane Ping

Theses and Dissertations

This thesis examines the homefront experience of middle class, white women living in Winchester, Virginia during the Civil War. The experience of women in Winchester was unique because of Winchester's proximity to both the Union and Confederate capitals. Although the majority of Winchester's women were Confederate supporters a significant minority of the population remained loyal to the Union. Winchester citizens' divided status was further complicated by numerous occupations of the town by both armies. This thesis argues that in order to cope with wartime hardships women's concepts of patriotism changed as homefront morale waned. While early in the war women's …

Professional Theatre In The Academic Theatre Setting, Hartwell Keith Hight

Theses and Dissertations

Abstract: The purpose of this study is to discuss the dynamic of continued employment for the theatre instructor. Surprisingly, very little is written about continued employment for the theatre instructor. In the present study, the terms instructor and teacher carry the same meaning. Because theatre builds successful human beings, a theatre program must allows students, graduates, and other interested candidates the opportunity to work closely with experienced professionals in their field.

Cannabinoid Modulation Of Chemotaxis Of Macrophages And Macrophage-Like Cells, Erinn Shenee Raborn

Theses and Dissertations

Exogenous and endogenous cannabinoids have been reported to modulate functional activities of macrophages. It is recognized that macrophages express primarily the CB2 cannabinoid receptor, but recent studies indicate that its expression is differential in relation to activation state with maximal levels occurring when cells are in "responsive" and "primed" states. The functional activities of macrophages when in these states of activation are the most susceptible to the action of cannabinoids, at least in terms of a functional linkage to the CB2. To assess the effect of cannabinoid treatment on macrophage chemotaxis and test the hypothesis that cannabinoids inhibit the chemotactic …

"Shut It Down, Open It Up": A History Of The New Left At The University Of Virginia, Charlottesville, Thomas M. Hanna

Theses and Dissertations

This thesis is a history of social and political activism in Charlottesville during the 1960s focusing on new left student organizing at the University of Virginia. It is a work of social history that establishes a community that has been generally ignored in traditional histories of the new left as one of the most influential centers of new left activism in the South and asserts that this prominence was due to years of activism by local liberals, civil rights advocates, and students during the city's unique experiences on the front lines of the southern desegregation, civil rights, and anti-war struggles. …

Roles And Attitudes Of Males And Females In The Anarchist Punk Community, Donna M. Manion

Theses and Dissertations

Sexism is a widespread social problem that exists throughout the world today. It persists within the dominant culture, as well as in various subcultures, including the punk subculture (Daugherty 2002; Leblanc 1999; McRobbie 1991; Rosenberg and Garofalo 1998). Nijole Benokraitis and Joe Feagin's (1995) theory of sexism posits that subtle sexism is the unequal and harmful treatment of women that is typically less visible than blatant sex discrimination. This particular type of sexism may often go unnoticed, as society has internalized subtle sexist behaviors. Empirical research on subtle sexism has been conducted in various settings, such as the employment, academic, …

On The Binding Of N1-Substituted Tryptamines At H5-Ht6 Receptors, Abner Nyamwaro Nyandege

Theses and Dissertations

Serotonin was first discovered in the late 1940s as a vasotonic factor and is now considered a principal neurotransmitter in the nervous system. 5-HT6 receptors are one of the most recently identified members of the serotonin receptor family which consists of seven classes (5-HT1-5-HT7). 5-HT6 receptors are G-protein coupled, positively coupled to an adenylate cyclase second messenger system and are primarily found in the central nervous system (CNS). The exact functional role of 5-HT6 receptors has not been determined, but is implicated to have possible involvement in certain neuropsychiatric disorders and cognition. To investigate the functional role of these receptors, …

The Art Of Collaboration In The Classroom: Team Teaching Performance, Jenna M. Neilsen

Theses and Dissertations

The Art of Collaboration in the Classroom: Team Teaching Performance is a co-written master's thesis which records our research in the field of team teaching as it relates to theatre education at the university level. It is our intent that this text be used as a tool for helping universities and teachers decide if a collaborative teaching model is right for their courses. A portion of the text is research-based, examining the scholarly writings which have preceded our work. In Chapter 1, we compiled a set of definitions, in the hopes of codifying the language used within this document as …

Induction Of Heme Oxygenase By A Carbon Monoxide-Releasing Molecule, Robert Andrew Kulina

Theses and Dissertations

We have recently demonstrated that heme oxygenase is expressed in both healing wounds and in pressure ulcers. Heme oxygenase has been shown to have important cytoprotective functions in myocardial ischemia-reperfusion injury and organ allograft survival. The cytoprotective effects of heme oxygenase are multifactorial. Besides reducing levels of pro-oxidant heme, heme oxygenase products (bilirubin, carbon monoxide, and iron) have been demonstrated to possess anti-oxidant, anti-inflammatory, anti-apoptotic, and anti-proliferative properties. These properties make heme oxygenase an attractive therapeutic target for the prevention and treatment of chronic wounds. The purpose of this study was two-fold: evaluate the effects of carbon monoxide (CO) on …

The Quantitative Genetics Of Neurodevelopment: A Magnetic Resonance Imaging Study Of Childhood And Adolescence, James Eric Schmitt

Theses and Dissertations

Understanding the causes of individual differences in brain structure may give clues about the etiology of cognition, personality, and psychopathology, and also may identify endophenotypes for molecular genetic studies on brain development. We performed a comprehensive statistical genetic study of anatomic neuroimaging data from a large pediatric sample (N=600+) of twins and family members from the Child Psychiatry Branch at the NIMH. These analyses included variance decomposition of structural volumetric endophenotypes at several levels of resolution, voxel-level analysis of cortical thickness, assessment of gene by age interaction, several multivariate genetic analyses, and a search for genetically-mediated brain-behavioral relationships. These analyses …

Within And Without, Shane Robert Rocheleau

Theses and Dissertations

Within and Without is a document which illustrates my personal and artistic research into the nature of the postmodern conception of the self: that self is unfixed, multiple, and reactive. It explicates my myriad and explorative approaches to photographic portraiture. Furthermore, it indicates many of my theoretical and artistic references and how I have applied my lessons both as an artist and a researcher to maximize the effect of my concepts within the formal and aesthetic confines of my photographs. Finally, this document explains my own beliefs concerning the nature of self and how a synthesis of my influences has …

Genetic Variations In Interferon-Induced Genes And Hcv Recurrence After Liver Transplantation, Benjamin Cameron Whitehill

Theses and Dissertations

Hepatitis C Virus (HCV) infection represents a worldwide pandemic and is currently the leading cause of cirrhosis and liver transplantation. After transplantation recurrence is almost universal with 96% of patients testing positive for viral RNA and exhibiting histological evidence of infection within the first year. Type I interferons (IFN) and interferon inducible genes are responsible for the innate antiviral state and single nucleotide polymorphisms (SNPs) within these genes may affect the patients ability to respond post-transplantation. We hypothesize the elucidation of associations between SNPs in Type-I Interferon and Interferon inducible genes and HCV recurrence post-liver transplantation might help to identify …

A Fugitive Sea, Marian Brunn Smith

Theses and Dissertations

I make images that are fragmented like ominous dreams. Described with sensuous marks of paint, they demand intimacy but reveal vulnerability as they threaten to break apart before the eyes. This thesis examines my journey over the past two years at VCU and describes my artistic beliefs and visions.

The International Intellectual Property Roots Of Geographical Indications, Ruth Okediji

Articles

No abstract provided.

Secrecy And Separated Powers: Executive Privilege Revisited, Heidi Kitrosser

Articles

This Article considers the constitutional validity of executive privilege claims made by the President against statutorily authorized information requests. The Article concludes that such claims are constitutionally illegitimate and that courts, when turned to, should order compliance with statutorily authorized demands for information in the face of executive privilege claims. This conclusion is reached in two steps. First, perusal of Article I's list of legislative powers and Article II's list of presidential powers does not clearly resolve the issue. Rather, such perusal alone offers fair ground to deem control of executive branch information both within Congress' "sweeping clause" power and …

Misuse, Thomas F. Cotter

Articles

The misuse defense in copyright and patent law is something of an anomaly. Under the approach favored by many courts that have considered the defense, misuse is defined as the broadening of one's copyright or patent with anticompetitive effect. When a defendant in a copyright or patent infringement suit succeeds in proving that the plaintiff has misused its copyright or patent, the court typically enters judgment that the copyright or patent is unenforceable until the misuse is purged. There is no necessary requirement that the copyright or patent defendant itself has been a victim of the misuse (the "standing" anomaly); …

Domestic Agreements, Brian H. Bix

Articles

In this Article I want to explore the treatment of certain domestic agreements in family law and to see what can be learned about law and families. It is a clich6, in discussions of family law and agreements, to point to Sir Henry Maine's famous quotation that society has moved "from Status to Contract."' I will not disappoint expectations here. The Maine quotation is usually offered ironically-and perhaps defiantly-in family law articles, as this is one area where status has stoutly, and largely successfully, resisted being overtaken by contract.

The Effects Of Histone H1 And Benzo[A] Pyrene On Chromatin Modifying Complexes., Zeina Salim Al Natour

Theses

Packaging of DNA into the condensed structure of chromatin presents a barrier to many cellular processes that require DNA access such as transcription and replication. This problem is solved, in part, by the action of various complexes that modify the chromatin structure so that it becomes more accessible and, therefore, a more suitable platform for these processes. ATP-dependent chromatin remodeling complexes and histone acetyltransferases are examples of many chromatin modifying complexes that work to alleviate chromatin-mediated repression. Histone H1 is an important component of chromatin which serves in both stabilizing and folding of chromatin into a higher order structure. Many …

Predictive Oncology: A Review Of Multidisciplinary, Multiscale In Silico Modeling Linking Phenotype, Morphology And Growth, Sandeep Sanga, Hermann B. Frieboes, Xiaoming Zheng, Robert Gatenby, Elaine L. Bearer, Vittorio Cristini

Faculty, Staff and Student Publications

Empirical evidence and theoretical studies suggest that the phenotype, i.e., cellular- and molecular-scale dynamics, including proliferation rate and adhesiveness due to microenvironmental factors and gene expression that govern tumor growth and invasiveness, also determine gross tumor-scale morphology. It has been difficult to quantify the relative effect of these links on disease progression and prognosis using conventional clinical and experimental methods and observables. As a result, successful individualized treatment of highly malignant and invasive cancers, such as glioblastoma, via surgical resection and chemotherapy cannot be offered and outcomes are generally poor. What is needed is a deterministic, quantifiable method to enable …

Searches For Periodic Gravitational Waves From Unknown Isolated Sources And Scorpius X-1: Results From The Second Ligo Science Run, B. P. Abbott, R. Abbott, Mario C. Diaz, R. Grosso, Wm. R. Johnston, Soumya Mohanty, Soma Mukherjee, Cristina V. Torres

Physics & Astronomy Faculty Publications

We carry out two searches for periodic gravitational waves using the most sensitive few hours of data from the second LIGO science run. Both searches exploit fully coherent matched filtering and cover wide areas of parameter space, an innovation over previous analyses which requires considerable algorithm development and computational power. The first search is targeted at isolated, previously unknown neutron stars, covers the entire sky in the frequency band 160–728.8 Hz, and assumes a frequency derivative of less than 4×10−10  Hz/s. The second search targets the accreting neutron star in the low-mass x-ray binary Scorpius X-1 and covers the frequency …

Ida Accessibility: Learning More About Whether Individual Development Accounts Can Work For Canada’S Poor, Molly Elliott

Theses and Dissertations (Comprehensive)

Individual Development Accounts (IDAs) or matched saving accounts are programs designed to facilitate the building of capital and assets in low-income households. Based on the model of asset-based welfare policy, these programs propose to combat poverty through inclusion of the poor in asset building opportunities, which traditionally have been available to only middle and upper income households. Described as an anti-poverty strategy, Individual Development Accounts are growing in international popularity with asset-based policies already being included in Canadian income assistance programs. In order to better understand what some of the barriers might be to this anti-poverty program structure, this thesis …