Digital Commons Network^™

Governing In The Vernacular: Eugen Ehrlich And Late Habsburg Ethnography, Monica E. Eppinger

All Faculty Scholarship

Eugen Ehrlich's vision for a "dynamic conception of law" in 1903 challenges prior focus on doctrine and logic with a demand that legal science direct attention to the "facts of daily life." Ehrlich's program -- his innovative conception of law and calls for a new sociology of law -- has been claimed as inspiration by those intent on modernizing law and state administration and by critics launching attacks on state fetishism. Between these extremes, Ehrlich's understudied ideas about implementing "living law" as a program for governance deserve re-examination.

This Article, situating Ehrlich's work in the social, intellectual, and political milieu …

Nation-Building In The Penumbra: Notes From A Liminal State, Monica E. Eppinger

All Faculty Scholarship

The emergence of post-Socialist legal orders is reshaping some of the familiar terrain of comparative legal studies. This Article, invited as part of an effort to think about the topic of "What the Rest think of the West," reconsiders the vast legal re-codification projects that stand at the center of "nation-building" projects in formerly Socialist states. Such projects, and the rupture from which they emerge, challenge essentialist or static notions of identity and assumptions of where the West is or where the Rest begin. Anthropological concepts of "liminality" and "deixis" assist in understanding Ukrainian legal experts' thinking on legal reforms …

Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Santos Rutschman

All Faculty Scholarship

This article tells the story of what could have been an interesting and important shift in our approach to territoriality in the digitalized world. Europe had the chance to be the cradle of an unprecedented copyright experience – the creation of a quasi pan- continental license in the music field – but it might have lost that opportunity in the midst of non-binding recommendations and resolutions. This article argues this loss is due to the overreaching persistence of old paradigms, namely the principle of territoriality.

Regulating Physician Behavior: Taking Doctors’ 'Bad Law' Claims Seriously, Sandra H. Johnson

All Faculty Scholarship

Physician behavior is a key target of government regulation intended to improve the efficiency, quality, and accessibility of health care. Yet according to physicians’ "bad law" claims, the legal effort to promote patient health and well-being has actually caused significant harm. These "bad law" claims - that malpractice litigation prompts defensive medicine, that patients’ rights policies prompt doctors to provide futile care, that controlled substance laws cause physicians to undertreat patients in pain - have diminished in significance due to the deconstruction of professionalism. Claims are often discarded as the cries of "bad apple" doctors or in the interest of …

Publicity, Pressure, And Environmental Legislation: The Untold Story Of Availability Campaigns, Molly J. Walker Wilson

All Faculty Scholarship

The availability heuristic — a cognitive rule of thumb whereby events that are easily brought to mind are judged to be more likely — is employed by decision-makers on a daily basis. Availability campaigns occur when individuals and groups strategically exploit this cognitive tendency in order to generate publicity for a particular issue, creating pressure to effect legislative change. This paper is the first to argue that environmental availability campaigns are more beneficial than they are harmful. Because they result in pressure on Congress, these campaigns serve as a catalyst for the enactment of critical new legislative initiatives. Specifically, these …

Working For (Virtually) Minimum Wage: Applying The Fair Labor Standards Act In Cyberspace, Miriam A. Cherry

All Faculty Scholarship

As more work enters cyberspace, takes place in virtual worlds, and collapses traditional nation-state barriers, we are entering a new era of “virtual work.” In this article, I use “virtual work” as an umbrella term to encompass work in virtual worlds, crowdsourcing, clickworking, even sweeping in, to some degree, the commonplace telecommuting and “mobile executives” that have become ubiquitous over the past decade.Are such new forms of “work” entitled to the minimum payment standards mandated under the FLSA? As the United States enters another economic crisis, and with advances in technology key to continued economic growth and stability, these questions …

Labor Injunctions In Bankruptcy: The Norris-Laguardia Firewall, Michael C. Duff

All Faculty Scholarship

This article considers whether federal courts, including bankruptcy courts, are authorized to issue injunctions in connection with various kinds of labor disputes arising after the filing of a petition in bankruptcy. The question takes on renewed importance in light of the record number of Chapter 11 bankruptcy filings in 2008, including filings by two of the three major American automakers, which are unionized. Given the increasing complexity of some of these notorious reorganizations, the likelihood of post-petition labor disputes appears to have correspondingly increased. In agreement with the few federal circuits that have considered the question, the article concludes that, …

Embracing Paradox: Three Problems The Nlrb Must Confront To Resist Further Erosion Of Labor Rights In The Expanding Immigrant Workplace, Michael C. Duff

All Faculty Scholarship

This article discusses the Supreme Court's 2002 Hoffman Plastic Compounds opinion, normally considered in terms of its social justice ramifications, from the different perspective of NLRB attorneys tasked with pursuing enforcement of the National Labor Relations Act (NLRA) under the conceptually (and practically) odd rubric that some NLRA employees (unauthorized workers) have no remedy under the NLRA. The article focuses on three problems evincing paradox. First, NLRB attorneys prosecuting cases involving these workers will probably gain knowledge of unlawful background immigration conduct. To what extent must the attorneys disclose it, and to whom? Second, NLRB attorneys are extraordinarily reliant on …

Functional Interleukin-17 Receptor A Is Expressed In Central Nervous System Glia And Upregulated In Experimental Autoimmune Encephalomyelitis., Jayasri Das Sarma, Bogoljub Ciric, Ryan Marek, Sanjoy Sadhukhan, Michael L. Caruso, Jasmine Shafagh, Denise C. Fitzgerald, Kenneth S. Shindler, Am Rostami

Department of Neurology Faculty Papers

BACKGROUND: Interleukin-17A (IL-17A) is the founding member of a novel family of inflammatory cytokines that plays a critical role in the pathogenesis of many autoimmune diseases, including multiple sclerosis (MS) and its animal model, experimental autoimmune encephalomyelitis (EAE). IL-17A signals through its receptor, IL-17RA, which is expressed in many peripheral tissues; however, expression of IL-17RA in the central nervous system (CNS) and its role in CNS inflammation are not well understood.

METHODS: EAE was induced in C57Bl/6 mice by immunization with myelin oligodendroglial glycoprotein. IL-17RA expression in the CNS was compared between control and EAE mice using RT-PCR, in situ …

Quality Improvement In Small Office Settings: An Examination Of Successful Practices., Daniel Wolfson, Elizabeth Bernabeo, Brian Leas, Shoshanna Sofaer, Gregory Pawlson, Donna Pillittere

College of Population Health Faculty Papers

BACKGROUND: Physicians in small to moderate primary care practices in the United States (U.S.) (<25>physicians) face unique challenges in implementing quality improvement (QI) initiatives, including limited resources, small staffs, and inadequate information technology systems 23,36. This qualitative study sought to identify and understand the characteristics and organizational cultures of physicians working in smaller practices who are actively engaged in measurement and quality improvement initiatives.

METHODS: We undertook a qualitative study, based on semi-structured, open-ended interviews conducted with practices (N = 39) that used performance data to drive quality improvement activities.

RESULTS: Physicians indicated that benefits to performing measurement and …

Quality Improvement In Small Office Settings: An Examination Of Successful Practices., Daniel Wolfson, Elizabeth Bernabeo, Brian Leas, Shoshanna Sofaer, Gregory Pawlson, Donna Pillittere

College of Population Health Faculty Papers

BACKGROUND: Physicians in small to moderate primary care practices in the United States (U.S.) (<25 >physicians) face unique challenges in implementing quality improvement (QI) initiatives, including limited resources, small staffs, and inadequate information technology systems 23,36. This qualitative study sought to identify and understand the characteristics and organizational cultures of physicians working in smaller practices who are actively engaged in measurement and quality improvement initiatives.

METHODS: We undertook a qualitative study, based on semi-structured, open-ended interviews conducted with practices (N = 39) that used performance data to drive quality improvement activities.

RESULTS: Physicians indicated that benefits to performing measurement and …

Lights And Shadows On The Conservation Of A Rock Art Cave: The Case Of Lascaux Cave, Fabiola Bastian, Claude Alabouvette

International Journal of Speleology

Lascaux Cave was discovered in 1940. Twenty years after the first microbial contamination signs appeared. In the last forty years the cave suffered different fungal invasions. Here we discuss the past, present and future of the cave and the conservation of its rock art paintings to the light of data obtained using culture-dependent and –independent methods.

Sediment Flushing In Mystic Cave, West Virginia, Usa, In Response To The 1985 Potomac Valley Flood, James J. Van Gundy, William B. White

International Journal of Speleology

The great November 5, 1985 Potomac Valley flood was responsible for the release of 1800 m³ of alluvial and colluvial sediment from the walls of the entrance doline of Mystic Cave. Flood waters were sufficiently powerful to flush the entire mass of sediment not only into the cave but through the cave. Remnants of the sediment mass in the form of sand bars and a few cobbles wedged in speleothems were the only evidence in the cave that the huge mass of sediment had moved through. The sediment moved as a suspended mass in water moving at peak velocities …

Cottonballs, A Unique Subaqeous Moonmilk, And Abundant Subaerial Moonmilk In Cataract Cave, Tongass National Forest, Alaska, Megan D. Curry, Penelope J. Boston, Mike N. Spilde, James F. Baichtal, Andrew R. Campbell

International Journal of Speleology

The Tongass National Forest is known for its world-class karst features and contains the largest concentration of dissolutional caves in Alaska. Within these karst systems exist unusual and possibly unique formations exhibiting possible biological origin or influence. Cataract Cave is an example of such a system. This cave hosts a unique depositional setting in which so-called “cottonballs” line two permanent pools. The cottonballs are a calcitic deposit heavily entwined within a mass of microbial filaments. They are juxtaposed with extensive subaerial calcitic moonmilk wall deposit of a more conventional nature but of an extraordinary thickness and abundance. Both the cottonballs …

A Report On The 180 Symposium, Roger Dudley, Allen Walshe

Faculty Publications

No abstract provided.

Transformational Youth Ministry, Allen Walshe

Faculty Publications

This paper will point out how deeply ingrained post-modern thinking has become in Western culture. It will remind us that our youth and young adults, who are post-modern, are not the enemy (as some would categorize them), but that they are ‘the beloved of God.’ We have been called and commissioned to reach them by the grace of God. This paper will argue that the church’s response to our post-modern youth, if it is to be efficacious, will require a paradigm shift, from its predominantly information style toward a more relational model of ministry. This can be facilitated by restructuring …

Three Reasons To Serve, Gary L. Hopkins, Duane C. Mcbride, Stuart Tyner, Jonathan Duffy

Faculty Publications

Young people in the Seventh-day Adventist Church are in need of leadership creating effective strategies for protecting the youngsters from engaging in high risk behaviors along with finding effective methods of keeping these same youngsters churched. It is clear that God had answers to these problems long ago. A review of Matthew 25 clearly states that our purpose as Christians should be to serve individuals in need. When young people engage in service, they are more likely to be attracted to the church, get involved in the church, and stay in the church. Furthermore, service is associated with better grades …

Church Of Refuge: A Support Ministry For Youth And Young Adults, Ron Whitehead, Jeff Boyd

Faculty Publications

At least 40 to 50 percent of youth and young adults leave the Seventh-day Adventist Church. To reverse this trend by helping local congregations meet the spiritual, social, and community impact needs of youth and young adults, the Center for Youth Evangelism proposes to launch Church of Refuge (COR). This organization will support churches in incorporating nine principles in their master planning. After demonstrating the inclusion of these principles, local congregations will be certified as Churches of Refuge and will be promoted to youth and young adults through web and print materials.

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 …

Investigating The Potential Contributors To Non-Suicidal Self-Injury: Stress, Emotional Dysregulation, And Alexithymia, Kelly K. Espenschade

Dissertations and Theses @ UNI

Research has investigated perceived stress, non-suicidal self-injury (NSSI), emotional dysregulation, and alexithymia independently. However, there have been no studies to date that have simultaneously examined the relationship among all these variables. The purpose of this study was to examine these variables among those who had or had not engaged in NSSI. Five hundred seventy-seven college students completed self report measures of non-suicidal self-injury, perceived stress level, emotional dysregulation, and alexithymia. As hypothesized, those who had engaged in self-harm behaviors reported higher levels of perceived stress, emotional dysregulation, and alexithymia. There were no gender differences except on perceived stress levels, where …

A Motor Speech Programming Investigation Using Inhibition: Part I, Jeffrey Thomas Backlin

Dissertations and Theses @ UNI

The current study investigated stop/go boundaries for speech acts (i.e. saying "uh, annul, annulment") in a speech inhibition task modeled on Slater-Hammel's (1959) experiment. Specifically, the project sought to answer the following research questions: (1) Can human speakers learn to stop a sweep hand using their voice? (2) What is the absolute (100%) inhibition threshold for "uh?" (3) What is the threshold at which one half of the spoken response for "uh," can be inhibited? Two additional studies were conducted for the additional stop targets "annul" (Williams, 2009) and "annulment" (Corbett, 2009). Self-report and informal speech-language screening assessed ten adult …

Aggregation & Localization Of A Disease-Associated Prion Protein (Prp) Mutant, Andrea Rhonda Medrano

All Theses and Dissertations (ETDs)

ABSTRACT OF THE DISSERTATION Aggregation & Localization of a Disease-Associated Prion Protein: PrP) Mutant by Andrea Rhonda Zaragoza Medrano Doctor of Philosophy in Biology and Biomedical Sciences: Genetics) Washington University in St. Louis, 2009 Professor David A. Harris, Chairperson Prion protein: PrP) is a GPI-anchored sialoglycoprotein involved in the pathogenesis of infectious and inherited forms of transmissible spongiform encephalopathies: TSEs). A nine-octapeptide insertional mutation in the prion protein: PrP) causes a fatal neurodegenerative disorder in both humans and transgenic mice. To determine the precise cellular localization of this mutant PrP: designated PG14), we have generated transgenic mice expressing PG14-EGFP, a …

Networking Mechanisms For Delay-Sensitive Applications, Maxim Podlesny

All Theses and Dissertations (ETDs)

The diversity of applications served by the explosively growing Internet is increasing. In particular, applications that are sensitive to end-to-end packet delays become more common and include telephony, video conferencing, and networked games. While the single best-effort service of the current Internet favors throughput-greedy traffic by equipping congested links with large buffers, long queuing at the congested links hurts the delay-sensitive applications. Furthermore, while numerous alternative architectures have been proposed to offer diverse network services, the innovative alternatives failed to gain widespread end-to-end deployment. This dissertation explores different networking mechanisms for supporting low queueing delay required by delay-sensitive applications. In …

In Vivo Function Of Otopetrin 1 In The Vestibular Sensory Epithelium, Euysoo Kim

All Theses and Dissertations (ETDs)

Otopetrin family genes encode multi-transmembrane domain proteins with three highly conserved domains. In mice, three Otopetrin paralogues are found. One of its members, Otopetrin 1: Otop1) has been previously shown to be essential for the formation of otoconia in the vestibular system of the inner ear. Otoconia are calcium carbonate biominerals that are required for normal balance and the sensation of linear acceleration with respect to gravity. The mechanism by which OTOP1 mediates otoconia biosynthesis is not known, but the ability of OTOP1 to modulate [Ca2+]i in response to purinergic signals in heterologous systems suggest that OTOP1 may be involved …

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 …

A Comparison Of Iddingsite Alteration In Two Terrestrial Basalts And The Alha 77005 Martian Meteorite Using Raman Spectroscopy And Electron Microprobe Analyses., Karla Kuebler

All Theses and Dissertations (ETDs)

The objective of this study is to document the secondary mineral assemblages in two occurrences of terrestrial iddingsite and compare these with the iddingsite in the ALHA 77005 martian meteorite: a lherzolitic shergottite). Short laser Raman spectroscopic traverses: hundreds of μm long) across olivine alteration fronts provide information about changes in the mineral assemblage with alteration. Data from the Raman traverses are combined with data from electron microprobe traverses at the same locations to provide information regarding element mobility near the zones of alteration and to confirm mineral identifications made by Raman spectroscopy. This information is used along with petrographic …

Transformative Learning : An Examination Of The Impact Of Short-Term Study Abroad, Jesse Carson Pugh

University of the Pacific Theses and Dissertations

When selecting a study abroad program, some students undertake a semester or academic-year study abroad program, while other students undertake a two-to eight-week study abroad program. Both study abroad opportunities allow students to become immersed in a culture different from their own. This research project is an exploratory study that looks at the impact of short-term study abroad programs on undergraduates at a public institution. This study examines how participants change in regards to their understanding of the host culture, explores what students learn about their host cultures, and looks at the intercultural development that the students gain from spending …

The Impact Of Using Situational Management Communication Styles In Intercollegiate Athletics, Glen A. Sisk

University of the Pacific Theses and Dissertations

This study examined if supervisors within intercollegiate athletic settings have a higher tendency to use task-oriented management styles than supervisors outside of athletics. The study also assessed if athletic supervisors would have a higher tendency to adapt their leadership style based on situational factors. 214 respondents were asked to complete a five-part survey, comprised of two management communication styles, emotional intelligence, the Leadership Adaptability Style Index, and demographic information. Two additional questions raised in the study posed the same questions in relation to all respondents within athletics and those outside athletics. The results showed no significant differences in management styles …

Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz

Articles

No abstract provided.

Role And Regulation Of Escrt-Iii In Multivesiculr Body Biogenesis, Soomin Shim

All Theses and Dissertations (ETDs)

Endosomal sorting complex required for transports: ESCRT) machinery responsible for multivesicular body: MVB) biogenesis is essential for receptor downregulation, viral budding and cytokinesis. ESCRT-III is a large polymer built from related ESCRT-III proteins that is thought to help generate intralumenal vesicles: ILVs) within the MVB. How ESCRT-III functions is poorly understood. Although ESCRT-III assembles on the endosomal membrane, its components are predominantly soluble in the cytoplasm. I found that the transition between these two states is controlled by autoinhibitory domains within ESCRT-III proteins, which I identified by structure/ function analysis in four human ESCRT-III proteins - Charged multivesicular body protein2A: …