Digital Commons Network^™

What's In A Name? A Philosophical Critique Of 'Civil Unions' Predicated Upon A Sexual Relationship, Gerard V. Bradley

Journal Articles

'Civil unions' represent a fragile political armistice, not lasting peace. My interest in 'civil unions' is not, however, political. It is philosophical. I argue in this paper that 'civil unions' are wrong - and should be abandoned in law - because they are incoherent. This article is about what's in the name, marriage. My thesis is that the reason why same-sex couples may not marry defeats the case for 'civil unions' defined (even in part) as a sexual relationship. To reasonably deny these couples access to marriage is to deny them access to 'civil unions'. Conversely, to create 'civil …

"Excluding Religion": A Response, Richard W. Garnett

Journal Articles

In a thorough and thoughtful article, Excluding Religion, Prof. Nelson Tebbe asks "whether the government may select religious entities for exclusion from its support programs?" and concludes that, sometimes, it may. "The government," he contends, "need not remain neutral toward religion in its support programs[.]"

In this short response to Tebbe's paper, I first suggest that the reasons Tebbe offers for such exclusion - including "promoting equal citizenship for members of minority faiths . . . , fostering community concord, [and] respecting taxpayers' freedom of conscience", are not particularly strong. Next, I turn to the various "limits" that Tebbe …

Judicial Enforcement Of The Establishment Clause, Richard W. Garnett

Journal Articles

This paper is the author’s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt’s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt’s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off “rules” and “tests”, constructed to identify and forbid the most obvious violations of the Religion Clause’s core (whatever that is), and to give up on -- or, perhaps, “underenforce” -- the rest.

Symposium: Stare Decisis And Nonjudicial Actors: Introduction, Amy Coney Barrett

Journal Articles

This essay is as an introduction to a symposium on stare decisis and nonjudicial actors. It frames the questions explored in the symposium by pausing to reflect upon the variety of ways in which nonjudicial actors have, over time, registered their disagreement with decisions of the United States Supreme Court. Both public officials and private citizens have battled the Court on any number of occasions since its inception, and historically, they have employed a diverse range of tactics in doing so. They have resisted Supreme Court judgments. They have denied the binding effect of Supreme Court opinions. They have sought …

The Structure Of Classical Public Law, Barry Cushman

Journal Articles

Duncan Kennedy's The Rise and Fall of Classical Legal Thought circulated in manuscript for three decades before it was formally published in 2006. This essay reviews the book's treatment of Classical public law, focusing on its two principal contributions to the historiography of the subject: the concept of legal consciousness, and the structural analysis of constitutional doctrine.

Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett

Journal Articles

In recent years, several prominent scholars have called attention to the importance and role of First Amendment institutions and there is a growing body of work informed by an appreciation for what Professor Balkin calls the infrastructure of free expression. The freedom of expression, he suggests, requires more than mere absence of government censorship or prohibition to thrive; [it] also require[s] institutions, practices and technological structures that foster and promote [it]. The intuition animating this scholarship, then, is that the freedom of expression is not only enjoyed by and through, but also depends on the existence and flourishing of, certain …

The Evangelical Debate Over Climate Change, John Copeland Nagle

Journal Articles

In 2006, a group of prominent evangelicals issued a statement calling for a greater response to climate change. Soon thereafter, another group of prominent evangelicals responded with their own statement urging caution before taking any action against climate change. This division among evangelicals concerning climate change may be surprising for a community that is usually portrayed as homogenous and as indifferent or hostile toward environmental regulation. Yet there is an ongoing debate among evangelicals regarding the severity of climate change, its causes, and the appropriate response. Why? The answer to this question is important because of the increasing prominence of …

Gene Targeting In Adult Rhesus Macaque Fibroblasts, Daniel T. Meehan, Mary Ann Zink, Melissa Mahlen, Marilu Nelson, Warren G. Sanger, Shoukhrat M. Mitalipov, Don P. Wolf, Michel M. Ouellette, Robert B. Norgren

Journal Articles: Genetics, Cell Biology & Anatomy

BACKGROUND: Gene targeting in nonhuman primates has the potential to produce critical animal models for translational studies related to human diseases. Successful gene targeting in fibroblasts followed by somatic cell nuclear transfer (SCNT) has been achieved in several species of large mammals but not yet in primates. Our goal was to establish the protocols necessary to achieve gene targeting in primary culture of adult rhesus macaque fibroblasts as a first step in creating nonhuman primate models of genetic disease using nuclear transfer technology.

RESULTS: A primary culture of adult male fibroblasts was transfected with hTERT to overcome senescence and allow …

Effects Of Induced Acute Phase Response In Ewes On Early Embryo Survival, Tina Lynn Dow

Graduate Theses, Dissertations, and Problem Reports (ETD)

Early pregnant ewes, 5/6 day post coitus (dpc) were used as a model to study early embryonic loss via gram-positive bacterial infections, such as mastitis. Ewes 5/6 dpc were injected with a gram-positive bacteria cell wall component, peptidoglycan-polysaccharide (PG-PS), to induce an innate immune system acute phase response (APR). The induction of the APR and its reactant molecules, such as cytokines and acute phase proteins (APP), were initiated to study their effects on embryonic loss. Twenty Suffolk ewes were synchronized for estrus and bred by fertile rams. At 4 dpc ewes were anesthetized and catheters were surgically placed in the …

Non-Apoptotic Roles Of Caspase-8 And Caspase-2, Brooke M. Helfer

Graduate Theses, Dissertations, and Problem Reports (ETD)

Caspases are proteolytic enzymes involved in committing apoptosis, but through the studies of knockout phenotypes in mice and Drosophila , it has been speculated that caspases might possess additional non-apoptotic functions.;We have found non-apoptotic functions for caspase-8 in both normal and tumor cell lines. Specifically, we found that caspase-8 promotes cell migration, adhesion, and Rac activation. Subsequently, we also found that caspase-8 interacts with the p85 subunit of PI3K. Accompanying stimulation of motility with epidermal growth factor the phosphorylation of caspase-8 on tyrosine-380 is induced and this phosphorylation allows for p85 interaction, cell migration, adhesion, and Rac activation. Caspase-8 also …

Analysis Of Timekeeper Implicates Antagonism Between Ck2 And Pp2a During Drosophila Neurogenesis, Ezgi Kunttas

Graduate Theses, Dissertations, and Problem Reports (ETD)

It is increasingly becoming apparent that dynamic control of phosphorylation and dephosphorylation underlies the proper spatial and temporal activities of many signaling circuits including Notch (N). Emerging evidence suggests that protein kinase CK2 mediates the effects of N during Drosophila eye and bristle development via phosphorylation of E(spl) repressors. Previous studies in our laboratory shown that reducing levels/activity of CK2 elicits rough eyes due to excess R8 founders and ectopic and split bristles due to excess SOP's, both indicative of impaired lateral inhibition and N signaling. While these studies implicate a role for CK2 in the regulation of E(spl), the …

Investigation Of Selenium And Arsenic In Coal-Mining Associated Rocks And Sediments Using Ultrasonic And Sequential Extractions Techniques, Innocent Pumure

Graduate Theses, Dissertations, and Problem Reports (ETD)

Ultrasound extraction was used to compare the accelerated release rates of arsenic and selenium from pulverized rocks associated with mountain-top removal/valley fill method of coal mining. The kinetic studies demonstrated that the release rates are dependent on rock lithology as well as the total concentrations found in the rocks. Se (IV) was found to be stable under ultrasonic irradiation (200 W/cm2) but As (III) was quickly oxidized to As (V). Rocks such as BT700 were found to have more Se (IV) compared to Se (VI) and others such as BT571 were found to contain more Se (VI) than Se (IV).;Continuous …

Parker Mountain Adaptive Resources Management Group, Michael R. Guttery, D. Dahlgren, M. Monsen, Terry A. Messmer

Wildland Resources Faculty Publications

No abstract provided.

Population Density Estimates And Growth Rates Of Eleutherodactylus Coqui In Hawaii, Karen H. Beard, R. Al-Chokhacky, N. C. Tuttle, Eric M. O'Neill

Wildland Resources Faculty Publications

The Puerto Rican terrestrial frog (Eleutherodactylus coqui) has received considerable attention in Hawaii because of its rapid spread, loud mating calls, and its potential threat to native species. Thus far, its invasion potential on the Island of Hawaii remains poorly understood. Critical components for determining this potential are robust estimates of abundance and vital rates across habitat types. To address this lack of information, we used mark-recapture methods to estimate E. coqui survival and abundance, determine growth rates of adult male and female frogs, and relate densities to elevation, snout–vent length (SVL), habitat structure, and invertebrate abundance. Mean adult E. …

Environmental Variation, Stochastic Extinction, And Competitive Coexistence, Peter B. Adler, John M. Drake

Wildland Resources Faculty Publications

Understanding how environmental fluctuations affect population persistence is essential for predicting the ecological impacts of expected future increases in climate variability. However, two bodies of theory make opposite predictions about the effect of environmental variation on persistence. Single‐species theory, common in conservation biology and population viability analyses, suggests that environmental variation increases the risk of stochastic extinction. By contrast, coexistence theory has shown that environmental variation can buffer inferior competitors against competitive exclusion through a storage effect. We reconcile these two perspectives by showing that in the presence of demographic stochasticity, environmental variation can increase the chance of extinction while …

Justiciable Generalized Grievances, Kimberly N. Brown

Maryland Law Review

No abstract provided.

Camas, Winter 2008

Camas

First Person / Tim Gibbins, Bryce Andrews -- How to Hike the Grand Canyon / Greg Peters -- Discourse with a Lion / Michael Lukas -- Fences / Russ J. Van Paepeghem -- Snowpack / Elizabeth Grossman -- Out of Bounds / Kalie Rider -- Gold Leaf on Granite / William Keener -- Trinity / Chris Clarke -- Alkali / Allen Braden -- Lightning Storm on Mt. Edwards / Brenna Moloney -- A Letter to Fire / Katherine Standefer -- Hay Hooks / Allen Braden -- The Route / Scott Alexander Jones -- Front Cover and Bookmark Photo / Kip …

(E)Racing Jennifer Harris: Sexuality And Race, Law And Discourse In Harris V. Portland, Kristine E. Newhall, Erin E. Buzuvis

Faculty Scholarship

In 2007 Penn State basketball coach Rene Portland retired shortly after a confidential settlement ended a discrimination lawsuit brought by former player Jennifer Harris against Portland and Penn State. Because of Portland's infamous policy of not allowing lesbians on her team, her departure was celebrated as a victory against homophobia in sports. Yet although Harris's claims of sexual orientation discrimination were validated in the media, her allegations of racial discrimination were ignored or dismissed as implausible. In this Article, the authors examine the omission of race from the discourse surrounding this case and suggest that both legal and cultural factors …

Race-Specific Drugs: Regulatory Trends And Public Policy, Osagie K. Obasogie, David E. Winikoff

Faculty Scholarship

No abstract provided.

Modes Of Procedural Reform, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Contrasting Effects Of Selective Lesions Of Nucleus Accumbens Core Or Shell On Inhibitory Control And Amphetamine-Induced Impulsive Behaviour, Emily Murphy, Emma S.J. Robinson, David E.H Theobald, Adam C. Mar, Trevor W. Robbins, Jeffrey W. Dalley

Faculty Scholarship

No abstract provided.

Neuroimaging And Disorders Of Consciousness: Envisioning An Ethical Research Agenda, Emily Murphy, Joseph J. Fins, Judy Iles, James L. Bernat, Joy Hirsch, Steven Laureys

Faculty Scholarship

No abstract provided.

Corn Futures: Consumer Politics, Health, And Climate Change, Jedediah S. Purdy, James Salzman

Faculty Scholarship

The rise of corn has brought great benefits, but its large and growing costs have also become increasingly clear. In this Article, we explore the unprecedented roles of corn in our economy, explain how law and policy have shaped these roles, uncover the environmental and social impacts of corn, and consider how to think of consumption in this context. If voting-by-buying is an increasingly relevant model of consumer engagement, can we envision consumers being presented with choices that address the social and environmental harms from our dependence on corn? More generally, how should we think about consumer engagement, both its …

Tillage Erosion Coefficients For Selected Tillage Tools, Javier Mollinendo

Electronic Theses and Dissertations

Soil loss as a result of differential translocation of soil by tillage is widespread in regions with irregular topography. Tillage erosion models are based on field derived transport coefficients that are specific to the tillage tool being used. Variables like speed and depth of tillage can modify tillage erosion transport coefficients. Four treatments were established for this research: moldboard plow, chisel plow, tandem disk, and no-till drill. The primary research site was located in Rock County MN, 43° 39 '40.24 "N, and 96° 24' 17.25" W, with a fine-loamy, mixed, superactive, mesic Cumulic Endoaquolls (USDA, 2006). The objectives of this …

Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett

Faculty Scholarship

No abstract provided.

Il-21 Limits Peripheral Lymphocyte Numbers Through T Cell Homeostatic Mechanisms., Shrimati Datta, Nora E. Sarvetnick

Journal Articles: Regenerative Medicine

BACKGROUND: IL-21, a member of the common gamma-chain utilizing family of cytokines, participates in immune and inflammatory processes. In addition, the cytokine has been linked to autoimmunity in humans and rodents.

METHODOLOGY/PRINCIPAL FINDINGS: To investigate the mechanism whereby IL-21 affects the immune system, we investigated its role in T cell homeostasis and autoimmunity in both non-autoimmune C57BL/6 and autoimmune NOD mice. Our data indicate that IL-21R knockout C57BL/6 and NOD mice show increased size of their lymphocyte population and decreased homeostatic proliferation. In addition, our experimental results demonstrate that IL-21 inhibits T cell survival. These data suggest that IL-21 acts …

No Outsourcing Of Law? Wto Law As Practiced By Wto Courts, Petros C. Mavroidis

Faculty Scholarship

This article provides a critical assessment of the corpus of law that the adjudicating bodies of the World Trade Organization (WTO) – the Appellate Body (AB) and panels – have used since the organization was established on January 1, 1995. After presenting a taxonomy of WTO law, I move to discern, and to provide a critical assessment of, the philosophy of the WTO adjudicating bodies, when called to interpret it. In discussing the law that WTO adjudicating bodies have used, I distinguish between sources of WTO law and interpretative elements. This distinction will be explicated in part I below. Part …

Happy Families - Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …

A Rising Tide In Renewable Energy: The Future Of Tidal In-Stream Energy Conversion (Tisec), Michael B. Walsh

Villanova Environmental Law Journal (1991 - )

No abstract provided.

What About The Polar Bears - The Future Of The Polar Bears As Predicted By A Survey Of Success Under The Endangered Species Act, Laura Navarro

Villanova Environmental Law Journal (1991 - )

No abstract provided.