Digital Commons Network^™

The Warren Court, Legalism And Democracy: Sketch For A Critique In A Style Learned From Morton Horwitz, William H. Simon

Faculty Scholarship

Morton Horwitz's Transformation books developed a critical approach that elaborates the underlying premises of legal doctrine and compares them to suppressed or ignored alternative perspectives. However, Horwitz's Warren Court book is largely an appreciation of the Court's doctrine that accepts at face value its underlying premises and the judges' claim to vindicate democratic values. In this essay, I speculate on what a Transformation-style critique of the Warren Court might look like and suggest that the Court is vulnerable to criticisms analogous to those the Transformation books make of earlier doctrine. I suggest that book ignores an alternative perspective on social …

Brief Of Aarp, The National Legislative Association On Prescription Drug Prices, Community Catalyst, And Prescription Policy Choices, As Amici Curiae In Support Of Appellees, Ims Health Inc. V. Sorrell, Sean Flynn

Amicus Briefs & Court Filings

This brief supports protecting the confidentiality of prescription records in the state of Vermont from commercial uses by pharmeceutical companies to market new drugs to physicians directly.

Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Kucana V. United States, Stephen I. Vladeck

Amicus Briefs & Court Filings

This brief argues for the fundamental separation of powers to avoid setting a dangerous precedent with regard to agency control over judicial review of administrative action.

Depth Sensitivity And Image Reconstruction Analysis Of Dense Imaging Arrays For Mapping Brain Function With Diffuse Optical Tomography, Hamid Dehghani, Brian R. White, Benjamin W. Zeff, Andrew Tizzard, Joseph P. Culver

Open Access Publications

No abstract provided.

The Constitutional Legitimacy Of Freestanding Federalism, Gillian E. Metzger

Faculty Scholarship

In Federalism and the Generality Problem in Constitutional Interpretation, Professor John Manning takes aim at the Rehnquist Court's practice of invoking freestanding, textually unspecified principles of federalism as a basis for limiting congressional power. Manning identifies this practice at work in a number of decisions he terms "the 'new federalism' cases" – in particular, the clear statement requirement of Gregory v. Ashcroft; the anticommandeering rule of New York v. United States and Printz v. United States; and the protection of state sovereign immunity in state court of Alden v. Maine. Despite their diverse subject matter, Manning …

Self-Defense And The Psychotic Aggressor, George P. Fletcher, Luis E. Chiesa

Faculty Scholarship

This chapter presents an authoritative overview of self-defense against the psychotic aggressor. More specifically, it examines whether one can justifiably kill a faultless, insane assailant to save himself or another from imminent and serious harm. It considers the disagreement among scholars as to whether the defensive response should be considered justified or merely excused, or whether the specific ground of acquittal should be self-defense or necessity. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as proportionality, self-defense against wrongful attack, justification of homicide against innocent aggressors without …

Caretaker Ratings Of Attention Problems In Maltreated Children : The Effects Of Gender, Age, And Type Of Maltreatment, Dawn M. Mcdonald

PCOM Psychology Dissertations

Child maltreatment is a severe stressor which is associated with a variety of adverse outcomes, including attention, learning, and behavior problems. Attention problems are common in maltreated children, with rates of ADHD in samples of abused and neglected children consistently higher than those found in the general population or in clinical samples of children without abuse histories. Despite the association between ADHD and maltreatment, attention problems in maltreated children remain poorly characterized and not well understood. In an attempt to better delineate the nature of attention problems in maltreated children, this study examined the effects of age, gender, type of …

Optimization And Its Discontents In Regulatory Design: Bank Regulation As An Example, William H. Simon

Faculty Scholarship

Economists and economically-trained lawyers tend to speak about regulation from a perspective organized around the basic norm of optimization. By contrast, an important managerial literature espouses a perspective organized around the basic norm of reliability. The perspectives are not logically inconsistent, but the economist’s view sometimes leads in practice to a preoccupation with decisional simplicity and cost minimization at the expense of complex judgment and learning. Drawing on a literature often ignored by economists and lawyers, I elaborate the contrast between the optimization and reliability perspectives. I then show how it illuminates current discussions of the reform of bank regulation.

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Strength In Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act, Kalyani Robbins

Faculty Publications

My primary thesis is that the Fish & Wildlife Service and the National Marine Fisheries Service need to set quantitative criteria for listing species under the Endangered Species Act in order to promote consistency, transparency, and efficiency. I suggest a model for doing so, the use of which would create an opportunity to move beyond the political quagmire surrounding the selection of vulnerable species for preservation. Like my other environmental scholarship, the article merges scientific research in the field of conservation biology with legal analysis. With the status quo, listing decisions often turn on wildly different factors, including some not …

Neural And Behavioral Responses To The Use Of Auditory Feedback In Vocal Control, Colin S. Haweo

Theses and Dissertations (Comprehensive)

A large body of evidence suggests that the motor system maintains a forward model that predicts the sensory outcome of movements. When sensory feedback does not match the predicted consequences, a compensatory response corrects for the motor error and the forward model is updated to prevent future errors. Like other motor behaviours, vocalization relies on sensory feedback for the maintenance of forward models and to stabilize vocalizations.

Experiment 1 used event-related potentials (ERPs) to examine sensory processing of short feedback perturbations during an ongoing utterance. In one session, participants produced a vowel at an FO of their own choosing. In …

A Study Of The Waterborne And Dietary Toxicityof Cadmium To Hydra Attenuata And Daphnia Plux In Soft Waters And The Development Of Biotic Ligand Models To Predict Such Toxicity, Matthew S.A. Clifford

Theses and Dissertations (Comprehensive)

The goal of this thesis was to compare the effects of waterborne Cd exposures and dietary Cd exposures to Hydra attenuata. Before the Hydra could be exposed to dietborne exposures of Cd, the effects of waterborne exposures had to be understood. This was done by looking at the sensitivity of D. pulex to Cd and then understanding the accumulation of Cd. After bioaccumulation patterns of Cd. to D. pulex were known, we could then feed the prey to the Hydra and comapre the effects to waterborne effects of Cd to Hydra.

To understand the waterborne effects of Cd to …

The Tactile Motion Aftereffect, Peggy Joanne Planetta

Theses and Dissertations (Comprehensive)

The tactile motion aftereffect (tMAE) is a perceptual phenomenon in which illusory motion is reported following adaptation to a unidirectionally moving tactile stimulus. Unlike its visual counterpart, relatively little is known about the tMAE. For that reason, the purpose of this dissertation was to gain a better understanding of the tMAE using both psychophysical and neuroimaging techniques. In a series of five experiments the skin was adapted using a plastic cylinder with a square-wave patterned surface. Chapter 2 consists of two experiments, both of which adapted the glabrous surface of the right hand. Experiment 1 showed that the prevalence, duration, …

Cognitive-Linguistic Abilities In Young And Middle-Aged Adults, Jamie Leigh Flatness

Dissertations and Theses @ UNI

The current study investigated the differences on cognition tests and whether or not an age effect existed between young versus middle-aged adults. Twenty young adults (ages 20-39) and twenty middle-aged adults (40-59) were given four cognitive tests to determine if differences in performance existed across the age groups. Tests included the Ross Information Processing Assessment-2nd revision (RIPA-2; Ross-Swain, 1996), the Rey Auditory Verbal Learning Test (RA VLT; Rey, 1964 ), the Wechsler Working Memory (WWM) subtests of the Wechsler Memory Scale, 3rd edition (WMS-Ill; Wechsler, 1997), and the Cognitive Linguistic Quick Test (CLQT,· Helm-Estabrooks, 2001 ). A series of one-factor …

Unf Journal Winter 2009, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

Microbial Diversity And Geochemical Energy Sources Of Tutum Bay, Ambitle Island, Papua New Guinea, An Arsenic-Rich, Shallow-Sea Hydrothermal System, Nancy Akerman

All Theses and Dissertations (ETDs)

I investigate the hydrothermal system located in Tutum Bay, Ambitle Island, Papua New Guinea, a shallow-sea system ~5 - 10 meters below sea level that is arsenic-rich. Hydrothermal vents in the bay expel fluids with arsenite: AsIII) concentrations as high as 950 μg/L. To determine the role that Tutum Bay microorganisms might play in mediating As-redox reactions, three approaches were used: analyzing the geochemical environment for energy sources, characterizing the archaeal community composition of the sediments, and conducting culture-dependent As-cycling experiments. The second chapter of this dissertation discusses an energetic study of potential chemolithotrophic metabolic reactions, including As-redox reactions. Results …

Electrocorticographic Neural Correlates Of Arm Movements And Associated Goal Orientation In Humans, Nicholas Anderson

All Theses and Dissertations (ETDs)

This thesis analyzed the cortical representation of arm kinematics, target encoding, and goal encoding using subdural electrocorticographic: ECoG) recordings in humans. Using a joystick-based visuomotor task, subjects performed both a standard, delayed match-to-sample center-out task as well as a circular tracing task. Spectral analyses of the ECoG signals clearly showed significant cosine tuning for hand velocity, direction, position and speed throughout the cortex. In particular, velocity tuning was best represented spectrally in a high gamma band from around 90-150 Hz in the primary motor cortical regions. In dorsolateral prefrontal cortex: DLPFC), cortical activity in the 150-250 Hz band of the …

Nature And Environment In Nineteenth-Century Austrian Literature, Bartell Berg

All Theses and Dissertations (ETDs)

This dissertation illuminates the void of what Christopher Manes refers to in "Nature and Silence" as the "realm of silences, a world of "not saids" called nature, obscured in global claims of eternal truths about human difference, rationality, and transcendence." With the help of ecocriticism, my research explores the development of ecological themes in the writings of four nineteenth-century Austrians from deforestation to industrialization to the growth of gardening culture. In addition, I investigate the nexus between the philosophical and scientific origins of ecology as a discipline and its representation in Austrian literature.

Geoarchaeology Of The Danilo Bitinj And Pokrovnik Sites, Dalmatia, Croatia, Cynthia Fadem

All Theses and Dissertations (ETDs)

This dissertation examines the paleoecology of earliest European agriculture via geological and geochemical analysis of two Neolithic settlements in central Dalmatia, Croatia. The Early Farming in Dalmatia Project, of which this geoarchaeological study is a part, is a case study in the adoption and environmental impact of agricultural technology. Dalmatia served to transmit agriculture from the domestication centers of the Middle East to mainland Europe. The record of neolithization in this region is incomplete - biased toward caves, upland storage locales. The landscape setting of the foraging-to-farming behavioral evolution is missing, even as Neolithic transition research turns to more complex …

Identification And Characterization Of Novel Astroviruses, Stacy Finkbeiner

All Theses and Dissertations (ETDs)

Approximately 1.8 million children die from diarrhea annually, and millions more suffer multiple episodes of nonfatal diarrhea. Despite the availability of improved molecular diagnostics to detect the known viral agents, the etiology of a large proportion of diarrheal cases is unknown. In fact, it is estimated that no causative agent can be identified in up to 40% of sporadic cases or in gastroenteritis outbreaks. Detection of novel or unexpected viruses is the first step in identifying agents that could potentially close the diagnostic gap and pave the way for the development of more comprehensive preventative measures and better treatments. This …

Backscatter And Attenuation Characterization Of Ventricular Myocardium, Allyson Gibson

All Theses and Dissertations (ETDs)

This Dissertation presents quantitative ultrasonic measurements of the myocardium in fetal hearts and adult human hearts with the goal of studying the physics of sound waves incident upon anisotropic and inhomogeneous materials. Ultrasound has been used as a clinical tool to assess heart structure and function for several decades. The clinical usefulness of this noninvasive approach has grown with our understanding of the physical mechanisms underlying the interaction of ultrasonic waves with the myocardium. In this Dissertation, integrated backscatter and attenuation analyses were performed on midgestational fetal hearts to assess potential differences in the left and right ventricular myocardium. The …

Systemic Levels Of G-Csf And Il-6 Determine The Angiogenic Potential Of Bone Marrow Resident Monocytes, Alyssa Gregory

All Theses and Dissertations (ETDs)

Recent studies have demonstrated the efficacy of hematopoietic cell-based therapies in promoting therapeutic angiogenesis for a wide variety of vascular syndromes, however the cell populations responsible and the mechanisms involved are poorly understood. Using a mouse model of hindlimb ischemia, we previously showed that an adoptive transfer of donor monocytes significantly enhanced revascularization. Monocytes are a widely heterogeneous cell population and differences in the ability of various monocyte subsets to mediate revascularization have not been previously investigated. Using the hindlimb ischemia model we demonstrate that an adoptive transfer of inflammatory: CX3CR loGr-1+), but not resident: CX3CR1hiGr-1-) monocytes, significantly enhances revascularization …

A Role For The Ecdysone Response Gene E93 In Imaginaling Patterning During Metamorphosis, Xiaochun Mou

All Theses and Dissertations (ETDs)

Drosophila melanogaster E93 is an early ecdysone response gene that encodes a pipsqueak domain transcription factor. E93 is induced by ecdysone at the end of larval development, and directs the death and elimination of several larval tissues during metamorphosis. Although E93 has been considered a dedicated regulator of larval cell death, I have found that E93 is also widely expressed in imaginal tissues during metamorphosis, where it is required for the proper patterning of many adult structures. Our working hypothesis is that E93 functions in imaginal tissues as a metamorphosis-specific cofactor that determines the pupa-specific action of numerous other transcription …

Natural Disorder: The Animal Image In French And British Art Before Darwin, C. 1790-1859, Noelle Paulson

All Theses and Dissertations (ETDs)

This study of the animal form in French and British art reveals humanity's shifting self-image as new theories of species transmutation replaced hierarchical models of nature in the half-century before the publication of Charles Darwin's On the Origin of Species in 1859. To assert various qualities of difference, distance, similitude, and proximity between species, visual artists represented animals either in humanized guises or in contexts of encounter with humans. Animal imagery was especially malleable during this period when science and pseudo-science both confronted the possibility that species were susceptible to gradual change over time rather than fixed in form since …

Enzymatic Enhancement Of Water Removal In The Dry Grind Corn To Ethanol Process, Ana Beatriz Thomas

All Theses and Dissertations (ETDs)

The removal of water from coproducts in the fuel ethanol process requires a significant energy input. The drying of the coproducts is responsible for as much as 32% of the total utilities cost of the process. In this study, improvements in the energy and water balances of the corn to ethanol process and a decrease in ethanol production costs were achieved. Significant reductions in water-binding capacity of whole stillage were found for two, commercially available, cell wall degrading enzymes, GC220 and MGC. The addition of a protease, GC106, during fermentation was found to significantly enhance ethanol production rates as well …

Contributions To The Methodology Of Electrocardiographic Imaging (Ecgi) And Application Of Ecgi To Study Mechanisms Of Atrial Arrhythmia, Post Myocardial Infarction Electrophysiological Substrate, And Ventricular Tachycardia In Patients, Yong Wang

All Theses and Dissertations (ETDs)

ABSTRACT OF THE DISSERTATION Contributions to the Methodology of Electrocardiographic Imaging: ECGI) and Application of ECGI to Study Mechanisms of Atrial Arrhythmia, Post Myocardial Infarction Electrophysiological Substrate, and Ventricular Tachycardia in Patients by Yong Wang Doctor of Philosophy in Biomedical Engineering Washington University in St. Louis, 2009 Professor Yoram Rudy, Chair Electrocardiographic Imaging: ECGI) is a noninvasive imaging modality for cardiac electrophysiology and arrhythmia. ECGI reconstructs epicardial potentials, electrograms and isochrones from body-surface electrocardiograms combined with heart-torso geometry from computed tomography: CT). The application of a new meshless method, the Method of Fundamental Solutions: MFS) is introduced to ECGI with …

Electrocardiographic Consequences Of Electrical And Anatomical Remodeling In Diabetic And Obese Humans, Shuli Wang

All Theses and Dissertations (ETDs)

Background. Diabetes and obesity are two major risk factors for cardiovascular disease. Both can cause changes due to cardiac sources in body-surface potentials: BSPs), that is, in electrocardiograms: ECGs). By identifying the major effects of diabetes and obesity on BSPs, we hope to reveal the electrical phenotype of diabetes in body-surface ECGs in the presence of obesity. Methods. A Bidomain Platform was constructed to link heart-surface transmembrane potentials: TMPs) and BSPs. The Forward-Problem Module of the platform calculates BSPs from a bidomain-model of myocyte TMPs and torso anatomy. The platform also contains a Cardio-myocyte TMP Estimation Module in which an …

Feature Topography And Sound Intensity Level Encoding In Primary Auditory Cortex, Paul Watkins

All Theses and Dissertations (ETDs)

The primary auditory cortex: A1) in mammals is one of the first areas in the neocortex that receives auditory related spiking activity from the thalamus. Because the neocortex is implicated in regulating high-level brain phenomena, such as attention and perception, it is therefore important in regards to these high-level behaviors to understand how sounds are represented and transformed by neuronal circuits in this area. The topographic organization of neuronal responses to auditory features in A1 provides evidence for potential mechanisms and functional roles of this neural circuitry. This dissertation presents results from models of topographic organization supporting the notion that …

Hiv-1 Envelope-Induced Signaling Mediates Actin Cytoskeleton Rearrangements Necessary For Fusion And Entry, Brooke Harmon

All Theses and Dissertations (ETDs)

Human immunodeficiency virus type-1: HIV-1) initiates infection by direct fusion of the virus membrane with the plasma membrane of the target cell. This fusion event is a multi-step process mediated by the envelope: Env) surface subunit gp120 and the transmembrane subunit gp41 which anchors gp120 into the viral membrane. First the surface subunit gp120 binds to the primary receptor CD4. This interaction promotes actin cytoskeletal rearrangements in the target membrane that bring the chemokine coreceptor, CCR5 or CXCR4, into close proximity for binding and induces conformational changes in gp120 that allow it to couple to the coreceptor. Formation of the …

In The Voices Of Men, Beasts, And Gods: Unmasking The Abject Persona In Postwar And Contemporary Japanese Women's Poetry, Lee Friederich

All Theses and Dissertations (ETDs)

This dissertation examines the dramatic use of personae of abjection in the works of contemporary and postwar Japanese women poets Ishigaki Rin: 1920-2004), Tomioka Taeko: b. 1935), Yoshihara Sachiko: 1932-2002), It├┤ Hiromi: b. 1955), and Isaka Yok├┤: b. 1949). Recognizing the strong sense of abjection that permeates postwar and contemporary Japanese poetry in general, I explore the ways in which women poets embody the abject--the fantastically grotesque, the deviant and the mortally wounded--in their poetry. Turning away from the dictates of twentieth century critics that women poets write in a transparently autobiographical mode: primarily about their experiences as wives and …