Digital Commons Network^™

On Communication, John Greenman

Michigan Law Review

Everybody knows that communication is important, but nobody knows how to define it. The best scholars refer to it. Free-speech law protects it. But no one-no scholar or judge-has successfully captured it. Few have even tried. This is the first article to define communication under the law. In it, I explain why some activities-music, abstract painting, and parading-are considered communicative under the First Amendment, while others-sex, drugs, and subliminal advertising-are not. I argue that the existing theories of communication, which hold that communicative behaviors are expressive or convey ideas, fail to explain what is going on in free-speech cases. Instead, …

Scrutiny Land, Randy E. Barnett

Michigan Law Review

Scrutiny Land is the place where government needs to justify to a court its restrictions on the liberties of the people. In the 1930s, the Supreme Court began limiting access to Scrutiny Land. While the New Deal Court merely shifted the burden to those challenging a law to show that a restriction of liberty is irrational, the Warren Court made the presumption of constitutionality effectively irrebuttable. After this, only one road to Scrutiny Land remained: showing that the liberty being restricted was a fundamental right. The Glucksberg Two-Step, however, limited the doctrine of fundamental rights to those (1) narrowly defined …

Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky

Michigan Law Review

Properly focused, there were two questions before the Supreme Court in Washington v. Glucksberg. First, in light of all of the other non-textual rights protected by the Supreme Court under the "liberty" of the Due Process Clause, is the right to assisted death a fundamental right? Second, if so, is the prohibition of assisted death necessary to achieve a compelling interest? Presented in this way, it is clear that the Court erred in Washington v. Glucksberg. The right of a terminally ill person to end his or her life is an essential aspect of autonomy, comparable to aspects …

Due Process Traditionalism, Cass R. Sunstein

Michigan Law Review

In important cases, the Supreme Court has limited the scope of "substantive due process" by reference to tradition, but it has yet to explain why it has done so. Due process traditionalism might be defended in several distinctive ways. The most ambitious defense draws on a set of ideas associated with Edmund Burke and Friedrich Hayek, who suggested that traditions have special credentials by virtue of their acceptance by many minds. But this defense runs into three problems. Those who have participated in a tradition may not have accepted any relevant proposition; they might suffer from a systematic bias; and …

De-Moralized: Glucksberg In The Malaise, Steven D. Smith

Michigan Law Review

Ten years down the road, what is the enduring significance of the "assisted suicide" cases, Washington v. Glucksberg and Vacco v. Quill? The cases reflect an unusually earnest, but nonetheless unsuccessful, attempt by the Supreme Court to grapple with a profound moral issue. So, why was the Court unable to provide a more satisfying justification for its conclusions? This Article, written for a symposium on the tenth anniversary of Glucksberg,, discusses that question. Part I examines some of the flaws in reasoning in the Glucksberg and Quill opinions and suggests that these flaws stem from the opinion writers' …

Physician-Assisted Suicide In Oregon: A Medical Perspective, Herbert Hendin, Kathleen Foley

Michigan Law Review

This Article examines the Oregon Death with Dignity Act from a medical perspective. Drawing on case studies and information provided by doctors, families, and other care givers, it finds that seemingly reasonable safeguards for the care and protection of terminally ill patients written into the Oregon law are being circumvented. The problem lies primarily with the Oregon Public Health Division ("OPHD"), which is charged with monitoring the law. OPHD does not collect the information it would need to effectively monitor the law and in its actions and publications acts as the defender of the law rather than as the protector …

Death, Dying, And Domination, Marc Spindelman

Michigan Law Review

This Article critiques conventional liberal arguments for the right to die on liberal grounds. It contends that these arguments do not go far enough to recognize and address private, and in particular structural, forms of domination. It presents an alternative that does, which is thus more respectful of true freedom in the context of death and dying, and also more consistent with liberalism. After discussing obstacles to the achievement of a right to die that encompasses freedom from both public and private domination, the Article closes with a significant reform project within bioethics that might help bring it about.

Limiting A Constitutional Tort Without Probably Cause: First Amendment Retaliatory Arrest After Hartman, Colin P. Watson

Michigan Law Review

Federal law provides a cause of action for individuals who are the target of adverse state action taken in retaliation for their exercise of First Amendment rights. Because these constitutional torts are "easy to allege and hard to disprove," they raise difficult questions concerning the proper balance between allowing meaningful access to the courts and protecting government agents from frivolous and vexatious litigation. In its recent decision in Hartman v. Moore, the U.S. Supreme Court tipped the scales in favor of the state in one subset of First Amendment retaliation actions by holding that plaintiffs in actions for retaliatory …

Force-Velocity, Impulse-Momentum Relationships: Implications For Efficacy Of Purposefully Slow Resistance Training, Brian K. Schilling, Michael J. Falvo, Loren Z.F. Chiu

Open Access Publications

No abstract provided.

C-Myc Rearrangements Are Frequent In Aggressive Mature B-Cell Lymphoma With Atypical Morphology, Zhao F. Xianfeng, Anjum Hassan, Arie Perry, Yi Ning, Sanford A. Strass, Louis P. Dehner

Open Access Publications

No abstract provided.

Fibulin-2 Is Dispensable For Mouse Development And Elastic Fiber Formation, Francois-Xavier Sicot, Takeshi Tsuda, Dessislava Markova, John Klement, Machiko Arita, Rui-Zhu Zhang, Te-Cheng Pan, Robert P. Mecham, David E. Birk, Mon-Li Chu

Open Access Publications

No abstract provided.

Effects Of Gabra2 Variation On Physiological, Psychomotor And Subjective Responses In The Alcohol Challenge Twin Study, Penelope A. Lind, Stuart Macgregor, Grant W. Montgomery, Andrew C. Heath, Nicholas G. Martin, John B. Whitfield

Open Access Publications

No abstract provided.

The Amphioxus Genome Illuminates Vertebrate Origins And Cephalochordate Biology, Jeremy J. Gibson-Brown, Et Al

Open Access Publications

No abstract provided.

In Search Of Causal Variants: Refining Disease Association Signals Using Cross-Population Contrasts, Nancy L. Saccone, Scott F. Saccone, Alison M. Goate, Richard A. Grucza, Anthony L. Hinrichs, John P. Rice, Laura J. Bierut

ICTS Faculty Publications

No abstract provided.

An Assessment Of Monongahela National Forest Management Indicator Species., Kurt R. Moseley

Graduate Theses, Dissertations, and Problem Reports (ETD)

The indicator species concept is appealing to land managers charged with monitoring and conserving the vast and complex biological diversity with limited available finances. We review common management indicator species (MIS) selection criteria and associated criticisms, including sensitivity to disturbance, monitoring efficacy, baseline information, and social and economic importance. Additionally, we examine current MIS for the Monongahela National Forest based on our review of selection criteria. We used the analytical hierarchy process (AHP) to determine the best MIS for three management objectives of the 364,225-ha Monongahela National Forest: (1) maintenance of 20,250 ha of early successional habitat, (2) maintenance of …

Nraes-171 Animal Production Systems For Pasture-Based Livestock Production.Pdf, Edward Barrow Rayburn

Faculty & Staff Scholarship

Dr. Edward B. Rayburn was the originator of this book series at the request of the director of NRAES. As a collaborator in the Northeast Pasture Consortium he recruited authors for the chapters in the books and served as the technical editor of the books.

Loving One's (Israelite) Neighbor: Election And Commandment In Leviticus 19, Joel Kaminsky

Religion: Faculty Publications

This essay illuminates a number of nuances implicit in the commandment to "love your neighbor as yourself" by exploring its connection to Israel's election theology as well as to the larger Priestly theology that forms much of the framework of the Torah.

The U.S. Social Economy And The Commons Model Of Production, Roger A. Lohmann

Faculty & Staff Scholarship

Recent work in Canada and Europe has re-emphasized the place of nonprofit organizations, as that term is conventionally understood in the broader context of social economy. Although not generally recognized by U.S. and international scholars, a distinctive concept of social economy largely compatible with the Canadian and European formulations is embedded in U.S. constitutional, corporate, charitable and tax law. However, its full recognition is discouraged in the current U.S. political culture and third sector studies. The U.S. social economy provides full and robust, recognition of the social, political and economic organizations known as commons, as well as nonprofit firms.

No Detectable Radio Emission From The Magnetar‐Like Pulsar In Kes 75, Anne M. Archibald, Victoria M. Kaspi, Margaret A. Livingstone, Maura A. Mclaughlin

Faculty & Staff Scholarship

No abstract provided.

Enhancing Domain Wall Speed In Nanowires With Transverse Magnetic Fields, Andrew Kunz, Sarah C. Reiff

Physics Faculty Research and Publications

Dynamic micromagnetic simulation studies have been completed to observe the motion of a domain wall in a magnetic nanowire in an effort to increase the field-driven domain wall speed. Previous studies have shown that the wire dimensions place a cap on the maximum speed attainable by a domain wall when driven by a magnetic field placed along the direction of the nanowire. Here we present data showing a significant increase in the maximum speed of a domain wall due to the addition of a magnetic field placed perpendicular to the longitudinal driving field. The results are expressed in terms of …

Mutation Of The NΖ-Carboxylated Lysine Of Oxa-1 Β-Lactamase Results In Deacylation Impaired Enzyme And Build-Up Of Acyl-Intermediate, Kyle D. Schneider, David A. Leonard

Student Summer Scholars Manuscripts

β-lactamases hydrolyze penicillin, cephalosporin, and carbapenemβ-lactam antibiotics. The class D β-lactamase OXA-1 has a catalytic serine (position 67) thought to be deprotonated and thereby activated by an unusual N^ζ-carboxylated lysine (position 70). We have made several mutations of OXA-1 at both K70 and S67 to help elucidate the role of these two critical residues in the catalytic mechanism. We have used the fluorescent substrate BOCILLIN FL to demonstrate that the K70 mutants can acylate but are severely impaired for deacylation of various substrates. Interestingly, deacylation rates vary depending on the identity of the substituting residue, from t_{1/2 …}

Mural, Painting And Art Education Project With African Refugees And The African Community Center Of West Michigan, Carrie Schoenborn, Jill Eggers

Student Summer Scholars Manuscripts

In starting the project at the African Community Center, we spent time getting to know the center, the people who use it and how it is used. We began by simply being at the center and helping with whatever needed to be done. We answered phones, met people who came and cleaned the donation closet. Yaka, the director, brought us to visit many of the families that use the center and we talked to both the refugees and Yaka about the experiences these individuals had coming to the United States; the difficulties they faced in Africa, on their journey to …

Graphics Processor Based Implementation Of Bioinformatics Codes, Andrew Bellenir, Christian Trefftz, Greg Wolffe

Student Summer Scholars Manuscripts

We created a powerful computing platform based on video cards with the goal of accelerating the performance of bioinformatics codes. To satisfy the demands of the video gaming industry, modern graphics processing units (GPUs) have become very advanced computational devices, using a large set of stream processors to render multiple pixels in parallel. Recently, computer scientists have taken interest in a GPU's ability to execute a single instruction on multiple data (SIMD computation) for general applications, as opposed to graphics processing only. This is known as general purpose computation on a graphics processing unit, or GPGPU.

Our project was comprised …

Population Structure Of The Invasive Round Goby (Neogobius Melanostomus) Along The Eastern Shore Of Lake Michigan, M. Ben Stacey, Ryan Thum, Carl Ruetz Iii, Tyler Armstrong

Student Summer Scholars Manuscripts

Round gobies are an invasive species that have proliferated throughout the Great Lakes since 1990. Today, anthropogenic forces are causing an increasing number of invasions causing great economic and ecological damage. The round goby invasion, because of its high level of success and recent occurrence, may represent a model system to study the evolutionary dynamics and formation of genetic population structure in novel habitats. Our study is a fine scale examination of the round goby genetic population structure along the eastern shore of Lake Michigan.

Outlook Magazine, Summer 2008

Outlook Magazine

No abstract provided.

Outlook Magazine, Spring 2008

Outlook Magazine

No abstract provided.

Relationship Among Otoacoustic Emission Suppression And Auditory Processing Measures In Adults, Bethami Joseph

Independent Studies and Capstones

The purpose of this Capstone Project is to help determine whether performing otoacoustic emissions with contralateral noise may be used in the diagnosis of Auditory Processing Disorder.

Literature Review And Analysis Of Itinerant Teachers Of The Hearing Impaired Located In The Midwest: Service Delivery Model In Education, Sarah Elizabeth Knoll

Independent Studies and Capstones

The role and responsibilities of an itinerant teacher of students who are deaf or hard of hearing were investigated to create a database of information about the effective traits of successful itinerant teachers.

Balance Function Following Cochlear Implantation, Jacquelyn Lea Baudhuin

Independent Studies and Capstones

Imbalance is a risk of cochlear implantation. This is particularly important in patients receiving bilateral implants, who are often children. 25 adult and pediatric patients undergoing cochlear implantation were tested pre-operatively and post-operatively using tests of balance function. Results showed moderate losses in some test paradigms following implantation in the patient group as a whole. While changes in balance function due to cochlear implantation are not uncommon, their practical effect on function may be minor.

Dynamic Visual Acuity Following High-Frequency Head Vibration, Julia Bark

Independent Studies and Capstones

In order to evaluate high-frequency VOR function, the effects of different types of motion on visual acuity were evaluated in asymptomatic and symptomatic subjects. A new testing protocol of evaluating vestibular function was developed in an effort to enhance current treatment protocols.