Digital Commons Network^™

Heller’S Problematic Second Amendment Categoricalism, Joseph Blocher

Faculty Scholarship

No abstract provided.

Ratification: Useful But Uneven, Deborah A. Demott

Faculty Scholarship

Ratification permits a principal to determine to be bound by the legal consequences of action taken by an agent after the fact of the agent’s conduct when the principal would otherwise not be bound. By ratifying a principal may clarify the effects of uncertainty, furnishing reassurance to the agent, the third party with whom the agent dealt, and other parties interested in the status of the transaction. However, at the point the principal decides whether to ratify, the principal knows facts not known to agent and third party at the time of the agent’s unauthorised transaction, in particular subsequent developments …

Back To The Future: Lorraine V. Markel American Insurance Co. And New Findings On The Admissibility Of Electronically Stored Information, Paul W. Grimm, Michael V. Ziccardi, Alexander W. Major

Faculty Scholarship

No abstract provided.

A Few Questions About The Social-Obligation Norm, Jedediah Purdy

Faculty Scholarship

Reponse to an article by Gregory S. Alexander, 'The Social-obligation Norm in American Property Law,' in a Special Issue of the Journal on Property Obligation.

Coping In A Global Marketplace: Survival Strategies For A 75-Year-Old Sec, James D. Cox

Faculty Scholarship

Notwithstanding cynicism to the contrary, data bears witness to the fact that government agencies come and go. There are multiple causes that give rise to their disappearance but among the most powerful is that conditions that first gave rise to the particular agency's creation no longer exist so that the regulatory needs that once prevailed are no longer present or that there is a better governmental response than Congress' earlier embraced when it initially created an independent regulatory agency to address the problems needing to be addressed. Certainly the more rigid the regulatory authority conferred on an agency has much …

Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton

Faculty Scholarship

The independence of the judiciary is an enduring and defining objective of the legal profession. Law depends on judges to observe and enforce it. To secure such virtuous judges, they must be protected from retaliation by those who disapprove their decisions and prevented from receiving rewards from those who benefit by them. Those having the greatest stake in shielding judges from intimidation or reward are the profession that shares their dependence on public acceptance and respect. And that task of protecting judicial independence stands today at the very top of the agenda of the American legal profession.

Turn-Taking And Gaze Behavior Among Cajun French And Cajun English Speakers In Avoyelles Parish, Andrew Mandell Riviere

LSU Master's Theses

Languages are the verbal and non-verbal codes of a culture. A culture houses a language(s) and is comprised of the gaze and distance/use of personal sphere. Linguists and anthropologists have long since argued over which takes priority: culture or language. French and Louisiana are synonymous: it is unimaginable to picture Louisiana without French because French constitutes the culture in Louisiana. Since linguists have debated the priority of language or culture, looking at Louisiana within the confines of this debate proves informative.

The language shift forced upon the residents of South Louisiana by the 1921 State Legislature made English the sole …

Guns As Smut: Defending The Home-Bound Second Amendment, Darrell A. H. Miller

Faculty Scholarship

In District of Columbia v. Heller, the Supreme Court held that the Second Amendment guarantees a personal, individual right to keep and bear arms. But the Court left lower courts and legislatures adrift on the fundamental question of scope. While the Court stated in dicta that some regulation may survive constitutional scrutiny, it left the precise contours of the right, and even the method by which to determine those contours, for 'future evaluation."

This Article offers a provocative proposal for tackling the issue of Second Amendment scope, one tucked in many dresser drawers across the nation: Treat the Second Amendment …

Institutional Challenges For Mining And Sustainability In Peru, Anthony J. Bebbington, Jeffrey T. Bury

Geography

Global consumption continues to generate growth in mining. In lesser developed economies, this growth offers the potential to generate new resources for development, but also creates challenges to sustainability in the regions in which extraction occurs. This context leads to debate on the institutional arrangements most likely to build synergies between mining, livelihoods, and development, and on the socio-political conditions under which such institutions can emerge. Building from a multiyear, three-country program of research projects, Peru, a global center of mining expansion, serves as an exemplar for analyzing the effects of extractive industry on livelihoods and the conditions under which …

Effector Memory T Cell Responses Are Associated With Protection Of Rhesus Monkeys From Mucosal Simian Immunodeficiency Virus Challenge., Scott G. Hansen, Cassandra Vieville, Nathan Whizin, Lia Coyne-Johnson, Don C. Siess, Derek D. Drummond, Alfred W. Legasse, Michael K. Axthelm, Kelli Oswald, Charles M. Trubey, Michael Piatak, Jeffrey D. Lifson, Jay A. Nelson, Michael A. Jarvis, Louis J. Picker

School of Biomedical Sciences

The rapid onset of massive, systemic viral replication during primary HIV or simian immunodeficiency virus (SIV) infection and the immune evasion capabilities of these viruses pose fundamental problems for vaccines that depend upon initial viral replication to stimulate effector T cell expansion and differentiation. We hypothesized that vaccines designed to maintain differentiated effector memory T cell (TEM cell) responses at viral entry sites might improve efficacy by impairing viral replication at its earliest stage, and we have therefore developed SIV protein-encoding vectors based on rhesus cytomegalovirus (RhCMV), the prototypical inducer of life-long TEM cell responses. RhCMV vectors expressing SIV Gag, …

The Economic Determinants Of Crop Diversity On Farms In Rural Bangladesh, S Rahman

School of Geography, Earth and Environmental Sciences

The study examines the economic determinants of crop diversity using a survey of 406 farmers located in 21 villages in three agro-ecological regions of Bangladesh. The computed value of diversity indices of crop concentration (Herfindahl), richness (Margalef) and evenness (Shannon) confirm that farming system in Bangladesh is still relatively diverse despite four decades of thrust in the diffusion of a rice-based ‘Green Revolution’ technology. Results reveal that a host of price and non-price factors significantly influence farmers’ decision to diversify. Likelihood of diversification increases with a fall in the prices of fertilizers, animal power services and modern rice and a …

Farm Productivity And Efficiency In Rural Bangladesh: The Role Of Education Revisited, Mn Asadullah, S Rahman

School of Geography, Earth and Environmental Sciences

This article reassesses the debate over the role of education in farm production in Bangladesh using a large dataset on rice producing households from 141 villages. Average and stochastic production frontier functions are estimated to ascertain the effect of education on productivity and efficiency. A full set of proxies for farm education stock variables are incorporated to investigate the 'internal' as well as 'external' returns to education. The external effect is investigated in the context of rural neighbourhoods. Our analysis reveals that in addition to raising rice productivity and boosting potential output, household education significantly reduces production inefficiencies. However, we …

Endotoxin Emissions From Commercial Composting Activities, Lewis Deacon, Louise Pankhurst, Jian Liu, Gillian H. Drew, Enda T. Hayes, Simon Jackson, J Longhurst, P Longhurst, Simon Pollard, Sean Tyrrel

School of Biomedical Sciences

No abstract provided.

Predicting Global Habitat Suitability For Stony Corals On Seamounts, Derek P. Tittensor, Amy R. Baco, Paul E. Brewin, Malcolm R. Clark, Mireille Consalvey, Jason Hall-Spencer, Ashley A. Rowden, Thomas Schlacher, Karen I. Stocks, Alex D. Rogers

School of Biological and Marine Sciences

No abstract provided.

Subtle But Significant Effects Of Co2 Acidified Seawater On Embryos Of The Intertidal Snail, Littorina Obtusata, Robert P. Ellis, Jess Bersey, Simon D. Rundle, Jason M. Hall-Spencer, John I. Spicer

School of Biological and Marine Sciences

No abstract provided.

Showing The 4-H Hunter, Rebecca Lewis, Patricia Evans

All Current Publications

This publication gives important information to consider when preparing to compete in a 4-H Hunter competition.

Agrosecurity - Protecting America's Food Supply, An Introduction To Agrosecurity Challenges, C Kim Chapman, Kerry A. Rood

All Current Publications

This fact sheet intends to introduce the topic of agrosecurity.

The Potential For The Use Of Agent-Based Models In Ecotoxicology, Christopher J. Topping, Trine Dalkvist, Valery E. Forbes, Volker Grimm, Richard M. Sibly

Valery Forbes Publications

This chapter introduces ABMs, their construction, and the pros and cons of their use. Although relatively new, agent-based models (ABMs) have great potential for use in ecotoxicological research – their primary advantage being the realistic simulations that can be constructed and particularly their explicit handling of space and time in simulations. Examples are provided of their use in ecotoxicology primarily exemplified by different implementations of the ALMaSS system. These examples presented demonstrate how multiple stressors, landscape structure, details regarding toxicology, animal behavior, and socioeconomic effects can and should be taken into account when constructing simulations for risk assessment. Like ecological …

Positively Impacting Our Wasteful Ways Of Life, Matthew Kincaid

International Journal of Servant-Leadership

The following section highlights the presidency of two institutions of higher learning in the Western United States, Gonzaga University and Whitworth College. Robert Spitzer, SJ. of Gonzaga and Bill Robinson of Whitworth have developed a lasting friendship with one another, unique in that one is president of a Catholic university, the other president of a Protestant college. Considered by many to be servant-leaders with effective and very different approaches, the two presidents have become crucial developers of their respective communities. Under their leadership Gonzaga and Whitworth continue to receive national acclaim.

Book Review: Political Leadership And Jesus’ “Best Test”: A Review Of The Politics Of Jesus: Rediscovering The True Revolutionary Nature Of The Teachings Of Jesus And How They Have Been Corrupted, Richard Cummins

International Journal of Servant-Leadership

Obery M. Hendricks, Jr., an accomplished biblical scholar, began this analysis of the political dimension of Jesus with a description of his frustration with his early education, when he was taught about only the meek and otherworldly Christ, the "long-suffering Jesus who was concerned with the things of heaven, with little thought for the matters of this world, matters like social injustice, racial and gender inequities, or the systematic oppression of the poor" (p. 3). He could not square this interpretation with what he was reading in scriptures about the Christ who opposed the Pharisees and other oppressive forces in …

Characterization Of Cold Shock Domain Proteins And Sumoylation System From Oryza Sativa, Vijaya Vardhana Reddy Chaikam

Graduate Theses, Dissertations, and Problem Reports (ETD)

In the first part of this study, two novel c&barbelow;old s&barbelow;hock domain p&barbelow;roteins from rice (OsCSP) were cloned and subsequently characterized their roles during stress conditions and development. OsCSP1 and OsCSP2 ( Oryza sativa CSD protein) encode putative proteins consisting of an N-terminal CSD and glycine-rich regions that are interspersed by 4 and 2 CX2CX4HX4C (CCHC) retroviral-like zinc fingers, respectively. Using an in vitro DNA binding assay, I demonstrate that OsCSPs exhibit conserved ssDNA binding activity. In vivo functional complementation in a cold-sensitive bacterial strain, that lacks four cold inducible cold shock domain proteins revealed that OsCSPs function as RNA …

Cellular Mechanisms Responsible For Development Of Sensitivity Of The Bovine Corpus Luteum To Prostaglandin F2 Alpha, Madhusudan P. Goravanahally

Graduate Theses, Dissertations, and Problem Reports (ETD)

Prostaglandin F2 alpha (PGF2alpha) brings about regression of the bovine corpus luteum (CL). This luteolytic property of PGF 2alpha is used in beef and dairy cattle to synchronize estrus. A limitation of this protocol is an insensitivity of the early CL to luteolytic actions of PGF2alpha. The mechanisms underlying this differential luteal sensitivity are poorly understood. Therefore the main objective of the current study is to understand the cellular mechanism of luteal insensitivity. The developing CL has a maximum number of PGF2alpha receptors; therefore differences in signaling events might be responsible for luteal insensitivity. Hence differential gene expression at two …

Prenatal Cadmium Exposure Dysregulates Sonic Hedgehog And Wnt/Beta-Catenin Signaling In The Thymus Resulting In Immunomodulatory Effects, Miranda Leah Hanson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Cadmium (Cd) is both an environmental pollutant as well as a component of cigarette smoke. Recent data suggests increased cancer risks and increased mortality in environmentally exposed populations. Although evidence demonstrates that adult exposure to Cd causes changes in the immune system, there are limited reports in the literature of immunomodulatory effects of prenatal exposure to Cd. The sonic hedgehog (Shh) and Wnt/ss-catenin pathways are required for thymocyte maturation. Several studies have demonstrated that Cd exposure affects these pathways in different organ systems. Our experiments were designed to investigate the effect of prenatal Cd exposure on thymocyte development, and to …

Microbial Survival After Isoelectric Solubilization And Precipitation Of Fish Protein, Lancya Lansdowne

Graduate Theses, Dissertations, and Problem Reports (ETD)

Protein wasted by the disposal of fish processing byproducts may be recovered using isoelectric solubilization and precipitation. The protein is dissolved by extreme pH shifts and recovered via precipitation and centrifugation. Microbial safety throughout this process had not yet been evaluated; therefore, the purpose of this study was to determine if Listeria innocua and Escherichia coli would survive extreme pH shifts during the protein recovery process. Fresh rainbow trout were headed, gutted, and minced and then inoculated with 109 CFU/g E. coli ATCC 25922 or filleted and minced and then inoculated with 109 cfu/g of L. innocua. The fish was …

Politics Of Knowledge Dissemination: Corporate Reporting, Shareholder Voice, And Human Rights, Aaron A. Dhir

Osgoode Hall Law Journal

This article considers the relationship between social disclosure and corporate accountability in Canada. It focuses on the potential benefits social disclosure can provide in terms of the overall human rights project. I explore this issue with reference to the broader theoretical frameworks of new governance and reflexive law. White I ground my analysis in these analytical approaches. I distance myself slightly from particular arguments in the literature to date: specifically, the argument that the disclosure process will result in self-correcting behaviour on the part of corporate decision makers. Rather, I argue that the value of social disclosure may lie more …

Pregnancy And Sex-Role Stereotyping: From ‘Struck’ To ‘Carhart’, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

The guarantee of equal protection of the laws extends to women as well as men. Yet for the first 100 years of the Fourteenth Amendment’s life, the Supreme Court never found a law unconstitutional on the grounds that it discriminated on the basis of sex. Between 1970 and 1980, social movement advocacy and brilliant litigation by Ruth Bader Ginsburg and others changed our constitutional law. Over the course of the decade, the Court extended the anti-stereotyping principle from discrimination on the basis of race to discrimination on the basis of sex. But fidelity to the principle had its limits. In …

Marriage As A Message: Same-Sex Couples And The Rhetoric Of Accidental Procreation, Kerry Abrams, Peter Brooks

Faculty Scholarship

In his dissent in the 2003 case Goodridge v. Department of Health, Justice Robert Cordy of the Massachusetts Supreme Court introduced a novel argument in support of state bans on same-sex marriage: that marriage is an institution designed to create a safe social and legal space for accidental heterosexual reproduction, a space that is not necessary for same-sex couples who, by definition, cannot accidentally reproduce. Since 2003, every state appellate court considering a same-sex marriage case has adopted Justice Cordy's dissent until the recent California Supreme Court decision In Re Marriage Cases. In case after case, courts have held that …

Ecological Models In Support Of Regulatory Risk Assessments Of Pesticides: Developing A Strategy For The Future [Short Communication], Valery E. Forbes, Udo Hommen, Pernille Thorbek, Fred Heimbach, Paul J. Van Den Brink, Jörn Wogram, Hans-Hermann Thulke, Volker Grimm

Valery Forbes Publications

This brief communication reports on the main findings of the LEMTOX workshop, held from September 9 to 12,2007, at the Helmholtz Centre for Environmental Research (UFZ) in Leipzig, Germany. The workshop brought together a diverse group of stakeholders from academia, regulatory authorities, contract research organizations, and industry, representing Europe, the United States, and Asia, to discuss the role of ecological modeling in risk assessments of pesticides, particularly under the European regulatory framework. The following questions were addressed: What are the potential benefits of using ecological models in pesticide registration and risk assessment? What obstacles prevent ecological modeling from being used …

The Amphipod Orchomenella Pinguis — A Potential Bioindicator For Contamination In The Arctic, Lis Bach, Valery E. Forbes, Ingela Dahllöf

Valery Forbes Publications

Indigenous organisms can be used as bioindicators for effects of contaminants, but no such bioindicator has been established for Arctic areas. Orchomenella pinguis is a benthic amphipod, ubiquitous in the Arctic and can be found in high numbers. We collected O. pinguis at sites with different contamination levels. Population characteristics (body length distribution, average dry weight and amphipod organic content) were related to sediment contaminant concentrations, in order to identify suitable endpoints for using this species as a bioindicator. We show that O. pinguis was prevalent in both clean and contaminated areas, easy to sample and that its population characteristics …

Sensation As Civilization: Reading/Riding The Taxicab, Monique Roelofs

Contemporary Aesthetics (Journal Archive)

Aesthetics, race, and nation are densely imbricated with one another. This essay examines their interactions in a newspaper column that describes an aesthetic confrontation between a presumably Arab taxi driver and his passenger, a white European-Dutch columnist. In this column, taste engenders acts of identification and abjection, transmits projections of fear, and underwrites a division of labor and virtue. It thereby serves as a racial border patrolling technology and institutes racial boundaries. To clarify the racial power of aesthetic constellations in the taxicab case, the paper turns to the dualities and integrations that theorists such as Addison, Baumgarten, Schiller, and …