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Utopia Transformed: The Calculated Indirection Of Thomas Starkey’S Dialogue Between Pole And Lupset, Robert W. Haynes

Quidditas

Thomas Starkey’s effort to employ guarded speech and to distance himself from some of the risky views discussed in his Dialogue between Pole and Lupset (1529- 1536?) emulated similar features of Thomas More’s Latin Utopia and, in fact, sought to improve on More’s striking dialogue. Though doomed by the break between Henry VIII and Rome (and that between the king and Starkey’s dialogue’s chief speaker), this unfinished work exhibits a particularly ambitious and in some ways quite skillfully wrought humanist project.

Radiotherapy Optimal Design: An Academic Radiotherapy Treatment Design System, Ryan Acosta, William Brick, A Hanna, Allen G. Holder, D Lara, G Mcquilen, D Nevin, P Uhlig, B Salter

Mathematics Faculty Research

Optimally designing radiotherapy and radiosurgery treatments to increase the likelihood of a successful recovery from cancer is an important application of operations research. Researchers have been hindered by the lack of academic software that supports head-to-head comparisons of different techniques, and this article addresses the inherent difficulties of designing and implementing an academic treatment planning system. In particular, this article details the algorithms and the software design of Radiotherapy optimAl Design (RAD).

Editor's Introduction, The Wedding Of Athens And Jerusalem: An Evangelical Perplexity And A Latter-Day Saint Answer, Louis C. Midgley

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

Revising Latini: A Survey Of The Divine Comedy’S Main Revisions Of Il Tesoretto And La Penetenza, Hal Boyd

Criterion: A Journal of Literary Criticism

No abstract provided.

An Unruly Member: Attacking The King’S Two Bodies Through Speech In Richard Ii, Shannon Adams

Criterion: A Journal of Literary Criticism

No abstract provided.

Full Issue

Criterion: A Journal of Literary Criticism

No abstract provided.

The Influence Of Fallback Foods On Great Ape Tooth Enamel, Paul J. Constantino, Peter W. Lucas, James J.-W. Lee, Brian R. Lawn

Biological Sciences Faculty Research

Lucas and colleagues recently proposed a model based on fracture and deformation concepts to describe how mammalian tooth enamel may be adapted to the mechanical demands of diet (Lucas et al.: Bioessays 30[2008] 374-385). Here we review the applicability of that model by examining existing data on the food mechanical properties and enamel morphology of great apes (Pan, Pongo, and Gorilla). Particular attention is paid to whether the consumption of fallback foods is likely to play a key role in influencing great ape enamel morphology. Our results suggest that this is indeed the case. We also consider the implications of …

The Many Ways Between Late Bronze Age Aegeans And Levants, Nicolle E. Hirschfeld

Classical Studies Faculty Research

Interactions between the "Aegean" and "Levant" cannot be discussed in monolithic terms. The physical realities of sea travel, the vocabulary and accounts preserved in texts, and the objects found in foreign earth and under the seas point to many routes among the diverse communities that inhabited the eastern Mediterranean littoral in the Late Bronze Age, and give hints of the different peoples forging the connections. They interacted in a multiplicity of ways, their relationships shifting through time. Focusing in on the specifics of interactions reveals complexities that should be the basis for alternative ways of classifying interactions across the Aegean …

Historical Fiction, Brachylogy, And Plutarch's Banquet Of The Seven Sages, Lawrence Kim

Classical Studies Faculty Research

In this paper I examine the ways in which the weaknesses and strengths of Plutarch’s Banquet of the Seven Sages are tied to Plutarch’s attempt to recreate the world of the sixth century BCE in fictional form. The awkwardness of the first half of the dialogue stems from the incommensurability between the symposiastic genre of the Banquet and the Sages’ role as ‘performers of wisdom’ and their noted brevity of speech, or brachulogia. It is only when Plutarch stops trying to historicize in the second half of the dialogue (and shifts his focus away from the Sages altogether) that …

David Hume On Monetary Policy: A Retrospective Approach, Maria Pia Paganelli

Economics Faculty Research

Monetary policy is a modern idea of which David Hume is generally considered a precursor. Moreover, thanks to Milton Friedman and Robert Lucas, he is often presented as one of the first and most illustrious endorser of monetarism. This paper argues against this view, and in agreement with Joseph Schumpeter, that Hume’s contribution to economics, while not insignificant, cannot claim any real novelties. It offers an interpretation of Hume as a descendant of a pre-modern understanding of money rather than a forerunner of modern monetary ideas, and as a scholar exposing common ideas of his time rather than a prophet …

Smithian Answers To Some Experimental Puzzles, Maria Pia Paganelli

Economics Faculty Research

This paper draws attention to the increased use of Adam Smith’s work in the experimental economics literature. It also offers examples of how studying Adam Smith can help formulate possible answers to some otherwise counter-intuitive (if the intuition is based on the Rational-Choice paradigm) experimental results. The first part of the paper presents a short account of how, in recent years, the field has come to recognize the importance of considering other-regarding preferences as well as self-regarding preferences and how it is noticing the wealth of Adam Smith, who dealt with both. The central section of the paper offers examples …

A Book Of Mormon Casebook, Kevin L. Barney

Review of Books on the Book of Mormon 1989–2011

Review of John W. Welch. The Legal Cases in the Book of Mormon.

Singing The Word Of God: Five Hymns By President Frederick G. Williams, Frederick G. Williams

BYU Studies

Frederick G. Williams (1787–1842) was a member of the First Presidency of The Church of Jesus Christ of Latter-day Saints under Joseph Smith and served as his personal scribe. His descendant of the same name now examines evidence proving that the Church leader, historian, doctor, editor, and Kirtland landowner also composed hymns. The article discusses the subject matter of Williams's hymns, including Joseph Smith's vision of Enoch, Zion, the Second Coming of Jesus Christ, and Williams's own experience with the gift of tongues.

The Isolation And Characterization Of Bovine Adult Derived Adipose Stem Cells For The Use In Nuclear Transfer, Alicia A. Picou

LSU Master's Theses

Since the cloning of Dolly there has been little change in the efficiency of nuclear transfer (NT). Research is beginning to investigate the characteristics of donor cells. Adiposetissue is an abundant source of adult-derived cells that have displayed “stemness” in-vitro(Gimble et al., 2003). The overall goal of this research was to define the in-vitro characteristicsof bovine adipose-derived adult stem cells (ADAS) for the use in NT. Isolation methods weredetermined by a 3 x 3 factorial design. 1 g of subcutaneous fat was collected and subjected to0.10%, 0.25% or 0.50% collagenase type I solution for 1, 2 and 3 h. Nucleated …

Advocacy Groups In The Wake Of Hurricane Katrina: Who Shapes Coverage Of Wetlands Loss, Paul Harang

LSU Master's Theses

Louisiana’s coastal wetlands provide a habitat for diverse wildlife, recreational opportunities for Louisiana residents and tourists, and an important natural buffer between communities and powerful hurricanes. Because they are disappearing at a rapid rate, coastal wetlands issues have been prominent in south Louisiana for decades. The catastrophic hurricanes of 2005 and 2008 have given the discussion an increased sense of urgency. Through this paper, I explore coverage of wetlands loss in local south Louisiana daily newspapers. Specifically, I try to determine how these papers frame the issue and illuminate how sources present in these stories participate in the construction of …

Keith Allen Interview, Keith Allen, Joan Terpstra Anderson

Reflections from Colleagues and Students

An interview of Keith Allen over his time working at Northwestern College with Dr. Theora England

Arkosic Rocks From The San Andreas Fault Observatory At Depth (Safod) Borehole, Central California: Implications For The Structure And Tectonics Of The San Andreas Fault Zone, S. D. Springer, James P. Evans, J. I. Garver, D. Kirschner, Susanne U. Janecke

Geosciences Faculty Publications

The San Andreas Fault Observatory at Depth (SAFOD) drill hole encountered indurated, high-seismic-velocity arkosic sedimentary rocks west of the active trace of the San Andreas fault in central California. The arkosic rocks are juxtaposed against granitic rocks of the Salinian block to the southwest and against fine-grained Great Valley Group and Jurassic Franciscan rocks to the northeast. We identify three distinct lithologic units using cuttings, core petrography, electrical resistivity image logs, zircon fission-track analyses, and borehole-based geophysical logs. The upper arkose occurs from 1920 to 2530 m measured depth (mmd) in the borehole and is composed of five structural blocks …

"We Reserve The Right To Refuse Service To Anyone.", Jennifer S. Hendricks

Publications

This essay is based on remarks at the 2008 teaching conference of the Society of American Law Teachers, on the theme Teaching for Social Change When You're Not Preaching to the Choir. It reflects on my experience as a liberal/progressive teaching constitutional law in a conservative southern state. It also explores the importance of not just training students in the skills of a junior lawyer but also preparing them for their long-term obligations as citizens and members of the bar.

A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda

Publications

In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a central, yet controversial, role. Organizational behavioralists and social psychologists regularly testify for the plaintiffs, offering what is commonly referred to as social framework testimony. These experts explain the general social science research on the operation of stereotyping and bias in decision making and examine the challenged workplace to identify those policies and practices that research has shown will tend to increase and those that will tend to limit the likely impact of these factors. Defendants fight hard against the admission of social …

The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding

Publications

This Article will appear in a May 2009 symposium issue of the Florida International University Law Review on the global financial crisis. This Article argues that the current global financial crisis, which was first called the “subprime crisis,” demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is …

Telluride's Tale Of Eminent Domain, Home Rule, And Retroactivity, Richard B. Collins

Publications

Telluride, Colorado, won an eminent domain battle with San Diego billionaire Neal Blue, but only after paying his price and his attorney's fees. The town passed a condemnation ordinance by popular initiative to take 572 acres adjacent to the town. The landowner obtained a state statute intended to forbid the town's action. The trial judge held the statute invalid under Colorado's constitutional home rule amendment. Town officials negotiated a compromise with the landowner, but its voters rejected it. The valuation trial was moved to a neighboring county much more favorable to the landowner, and the jury gave him his full …

Using International Dispute Resolution To Address The Compliance Question In International Law, Anna Spain

Publications

A fundamental critique of international law is that it fails to ensure compliance and, thus, has limited influence on state behavior. Existing compliance theories consider how interests, norms and legal process impact states. Within the legal process school, theories either narrowly define process as methods that achieve a legal aim or broadly consider diplomatic activities without connecting them to the structural elements of process. Thus, despite the prolific scholarship in this area, understanding of how an international dispute resolution process, such as the Six-Party Talks, influences state behavior, such as North Korea’s actions toward nuclear disarmament, remains limited.

To address …

In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey

Publications

After the September 11 terrorist attacks, the Justice Department detained scores of allegedly suspicious persons under a federal material witness statute--a tactic that provoked a great deal of controversy. Most critics assume that the abuse of material witness laws is a new development. Yet, rather than being transformed by the War on Terror, the detention of material witnesses is a coercive strategy that police officers across the nation have used since the nineteenth century to build cases against suspects. Fears of extraordinary violence or social breakdown played at most an indirect role in its advent and growth. Rather, it has …

Constraining Public Employee Speech: Government's Control Of Its Workers' Speech To Protect Its Own Expression, Helen Norton

Publications

This Article identifies a key doctrinal shift in courts' treatment of public employees' First Amendment claims--a shift that imperils the public's interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental discipline of public employee speech on matters of public interest only when such speech undermined the government employer's interest in efficiently providing public services. In contrast, courts now increasingly focus on--and defer to--government's claim to control its workers' expression to protect its own speech.

More specifically, courts increasingly permit government …

Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag

Publications

After laying out a conventional account of the formalism vs. realism debates, this Article argues that formalism and realism are at once impossible and entrenched. To say they are impossible is to say that they are not as represented--that they cannot deliver their promised goods. To say that they are entrenched is to say that these forms of thought are sedimented as thought and practice throughout law's empire. We live thus amidst the ruins of formalism and realism. The disputes between these two great determinations of American law continue today, but usually in more localized or circumscribed forms. We see …

Institutional Design, Fcc Reform, And The Hidden Side Of The Administrative State, Philip J. Weiser

Publications

Legal scholars have long recognized the importance of the modern administrative state, focusing intently both on the substance of regulatory law and the process of administrative law. Neither focus, however, recognizes the importance of institutional design and institutional processes as determinants of the nature and shape of administrative regulation. The era of neglect towards institutional analysis by both scholars and policymakers may well be on its last legs, as it is increasingly clear that the institutional processes used by regulatory agencies - including when to act by rulemaking as opposed to by adjudication, how to engage the public, and how …

Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart

Publications

It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five …

Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Cuison Villazor

Publications

No abstract provided.

"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman

Faculty Publications

No abstract provided.

Universal De Novo Review, Chad M. Oldfather

Faculty Publications

This article takes up the question of why appellate courts always review questions of law pursuant to the de novo standard of review. Put another way, it examines the familiar idea that appellate courts owe no deference to the legal rulings of trial judges. They must instead engage in what I refer to as universal de novo review - a practice pursuant to which appellate courts faced with legal questions always enjoy the authority to engage in plenary review, and never have the responsibility (or even the option) to defer to their trial-level counterparts. Despite - or perhaps because of …