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Asylum In A Different Voice: Judging Immigration Claims And Gender, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

An extensive statistical study of disparities in asylum adjudication throughout the United States reveals gross disparities in rates of asylum grants by region of country, experience of adjudicators, prior employment, and other factors. One of the most robust findings was one of gender disparities in adjudication rates. If the adjudicator of claims for asylum was female there was a 44% greater likelihood that asylum would be granted. This chapter in the book reporting these findings reflects on this significant finding of gender differences in judging and discusses, in light of the author's prior work on gender differences in lawyering, whether …

Roscoe Pound, Melvin Belli, And The Personal-Injury Bar: The Tale Of An Odd Coupling, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

In the fourth chapter of Patriots and Cosmopolitans: Hidden Histories of American Law, legal historian John Fabian Witt tells the story of a collaboration between storied scholar Roscoe Pound and trial virtuoso Melvin M. Belli, which he calls "among the most startling and yet unremarked-upon relationships in the annals of American law." Witt argues that it both shaped and energized the efforts of personal-injury lawyers to oppose proposals that would shift to the administrative branch of government responsibility for compensating auto-accident victims. Entitled "The King and the Dean," in reference to the media's coronation of Belli as the "King of …

Exporting Harshness: How The War On Crime Helped Make The War On Terror Possible, James Forman Jr.

Georgetown Law Faculty Publications and Other Works

This Essay responds to a consensus that has formed among many opponents of the Bush administration’s prosecution of the war on terror. The consensus narrative goes like this: America has a long-standing commitment to human rights and due process, reflected in its domestic criminal justice system’s expansive protections. Since September 11, 2001, President Bush, Vice President Cheney, former Defense Secretary Rumsfeld, and their allies have dishonored this tradition. It is too simple, I suggest, to assert that the Bush administration remade our justice system and betrayed American values. This Essay explores the ways in which our approach to the war …

Making Sense Of The Establishment Clause, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

While the jurisprudence of the Establishment Clause may not make much sense (common or otherwise) as a substantive legal matter, it does make sense as a series of jurisprudential maneuvers by which the Court has sought to make more room for religion in civic life. In fact, there is a method to the “massive jumble... of doctrines and rules” that forms the law of church-state relations. It is the method of a somewhat disorderly retreat from the Constitution’s foundational principle of disestablishment. The accommodations made by the Court to religious belief and conduct have allowed for discrimination against non-religion, edging …

Empirical Health Law Scholarship: The State Of The Field, Michelle M. Mello, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

The last three decades have seen the blossoming of the fields of health law and empirical legal studies and their intersection--empirical scholarship in health law and policy. Researchers in legal academia and other settings have conducted hundreds of studies using data to estimate the effects of health law on accident rates, health outcomes, health care utilization, and costs, as well as other outcome variables. Yet the emerging field of empirical health law faces significant challenges--practical, methodological, and political.

The purpose of this Article is to survey the current state of the field by describing commonly used methods, analyzing enabling and …

Less Than Zero?, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Medellin v. Texas is the first case in which the Supreme Court has denied a treaty-based claim solely on the ground that the treaty relied upon was non-self-executing. In Foster v. Neilson, the only other case in which the Court had denied relief on this ground, the Court offered its view that the treaty was non-self-executing as an alternative ground for denying relief. The Court soon thereafter disavowed its conclusion that the treaty involved in Foster was non-self-executing, and, in the intervening years, it repeatedly declined invitations to deny relief on this or related grounds. Many observers thought that the …

Marvin Frankel: A Reformer Reassessed, Gerard E. Lynch

Faculty Scholarship

Legal scholars and critics contribute to the development of law in many ways: the comprehensive treatise, the heavily footnoted law review article, the closely reasoned philosophical essay, the econometric model, the theoretical discourse, the bar association or American Law Institute law reform project, among many others. Law professors dedicate whole careers to perfecting one or more of these forms. But few can claim to have had the impact on the law, the system of criminal justice, and the lives of hundreds of thousands of criminal defendants that Marvin Frankel had with one thin volume addressed to "literate citizens – not …

Chrysler, Gm And The Future Of Chapter 11, Edward R. Morrison

Faculty Scholarship

Although they caused great controversy, the Chrysler and GM bankruptcies broke no new ground. They invoked procedures that are commonly observed in modern Chapter 11 reorganization cases. Government involvement did not distort the bankruptcy process; it instead exposed the reality that Chapter 11 offers secured creditors – especially those that supply financing during the bankruptcy case – control over the fate of distressed firms. Because the federal government supplied financing in the Chrysler and GM cases, it possessed the creditor control normally exercised by private lenders. The Treasury Department found itself with virtually the same, unchecked power that the FDIC …

Raising Children The American Way: Court-Mandated Parenting Education In Alameda, California, Nicole D. Laborde

Dissertations, Theses, and Capstone Projects

Based on ethnographic research in Alameda County, California, this dissertation examines the parenting practices and knowledge that are taught in court-mandated parenting classes along with those of parents enrolled in these classes. In California, two of the primary reasons that parents would be mandated to take classes are because of involvement with Child and Family Services (CFS) or in a custody dispute that reaches the courts. I argue that the different forms of knowledge and the practices advanced in the classes, at times consistent with, at times in conflict with those of the parents, reflect the demands and social responsibility …

The Social Construction Of Racial And Ethnic Identity Among Women Of Color From Mixed Ancestry: Psychological Freedoms And Sociological Constraints, Laura Quiros

Dissertations, Theses, and Capstone Projects

In the context of the 21st century, when an increasing number of people cannot be classified by an archaic system based on race, an awareness of the complexities of ethnic and racial identity is more important than ever. This study assists in the development of a critical understanding of the complexity of racial and ethnic identity by exploring the construction of racial and ethnic identity among women of color from mixed ancestry. These women are the offspring of parents from multiple racial and ethnic backgrounds. As a result, their identities—both internally and externally constructed—belie traditional racial and ethnic categories. This …

Microstructural Evolution And Physical Behavior Of Palladium And Osmium-Ruthenium Noble Metal Films, Wen-Chung Li

University of Kentucky Doctoral Dissertations

Nanostructured noble metals exhibit novel physical, mechanical and chemical behavior, and hold promise for applications such as gas sensing and electron emission. A strong emphasis was placed on the processing and characterization of these materials, in the form of nanoporous or nanocrystalline thin films. Palladium-based and osmium-ruthenium alloys were investigated in this dissertation research and will be presented as follows:

(1) Preparation and Characterization of Nanoporous Metal Thin Films

(2) Characterization of Osmium-Ruthenium Coatings

Nanoporous palladium (np-Pd) thin films were prepared by dealloying co-sputtered palladium-nickel precursor alloys. Nanoporous structures were created with 3-D interconnected ligaments and open pores. Size of …

Specific Heat Measurements On Strongly Correlated Electron Systems, Vijayalakshmi Varadarajan

University of Kentucky Doctoral Dissertations

Studies on strongly correlated electron systems over decades have allowed physicists to discover unusual properties such as spin density waves, ferromagnetic and antiferromagnetic states with unusual ordering of spins and orbitals, and Mott insulating states, to name a few.

In this thesis, the focus will be on the specific heat property of these materials exhibiting novel electronic ground states in the presence and absence of a field. The purpose of these measurements is to characterize the phase transitions into these states and the low energy excitations in these states. From measurements at the phase transitions, one can learn about the …

Direct Products And The Intersection Map Of Certain Classes Of Finite Groups, Julia Chifman

University of Kentucky Doctoral Dissertations

The main goal of this work is to examine classes of finite groups in which normality, permutability and Sylow-permutability are transitive relations. These classes of groups are called T , PT and PST , respectively. The main focus is on direct products of T , PT and PST groups and the behavior of a collection of cyclic normal, permutable and Sylow-permutable subgroups under the intersection map. In general, a direct product of finitely many groups from one of these classes does not belong to the same class, unless the orders of the direct factors are relatively prime. Examples suggest that …

Age May Be Hazardous To Outcome Following Traumatic Brain Injury: The Mitochondrial Connection, Lesley Knight Gilmer

University of Kentucky Doctoral Dissertations

Older individuals sustaining traumatic brain injury (TBI) experience a much higher incidence of morbidity and mortality. This age-related exacerbated response to neurological insult has been demonstrated experimentally in aged animals, which can serve as a model to combat this devastating clinical problem. The reasons for this worse initial response are unknown but may be related to age-related changes in mitochondrial respiration.

Evidence is shown that mitochondrial dysfunction occurs early following traumatic brain injury (TBI), persists long after the initial insult, and is severitydependent. Synaptic and extrasynaptic mitochondrial fractions display distinct respiration capacities, stressing the importance to analyze these fractions separately. …

Banking Reform In The Chinese Mirror, Katharina Pistor

Faculty Scholarship

This paper analyzes the transactions that led to the partial privatization of China’s three largest banks in 2005-06. It suggests that these transactions were structured to allow for inter-organizational learning under conditions of uncertainty. For the involved foreign investors, participation in large financial intermediaries of central importance to the Chinese economy gave them the opportunity to learn about financial governance in China. For the Chinese banks partnering with more than one foreign investor, their participation allowed them to benefit from the input by different players in the global financial market place and to learn from the range of technical and …

Angiotensin Ii Induction Of Regional Effects In Murine Vasculature, Albert Phillip Owens Iii

University of Kentucky Doctoral Dissertations

The renin angiotensin system (RAS) exerts many diverse physiological functions throughout the body, mediated by its effector peptide, angiotensin II (AngII). AngII has been linked with a variety of different functions ranging from the initiation of severe vascular pathologies, such as atherosclerosis and abdominal aortic aneurysm (AAA), to mundane physiological processes of fluid homeostasis, vascular contraction, and regulation of blood pressure. To provide a potential link between these functions, an in-depth analysis of regional effects of AngII on aortic vasculature was performed.

The studies presented in this dissertation tested the overall hypothesis of whether regional changes exist in the vasculature …

Role Of P33 In Tombusvirus Replication, Jozsef Stork

University of Kentucky Doctoral Dissertations

Replication of the nonsegmented, plus-stranded RNA genome of Cucumber necrosis tombusvirus (CNV) requires two essential overlapping viral-coded replication proteins, the p33 replication co-factor and the p92 RNA-dependent RNA polymerase. In my thesis I describe (i) the effect of phosphorylation of p33, (ii) the RNA chaperone-like activity of p33, and (iii) the role of HSP70s a host proteins in the viral replication. To test the effect of phosphorylation on p33 function, I used in vitro phosphorylated p33. I found that phosphorylation inhibited the ability of p33 to bind to the viral RNA. Phosphorylation-mimicking mutations rendered p33 nonfunctional in plant protoplasts and …

Role Of Mel-18 In Regulating Protein Sumoylation And Identification Of A New Polymorphism In Bmi-1, Jie Zhang

University of Kentucky Doctoral Dissertations

Small ubiquitin-like modifier (SUMO) regulates numerous biological functions. In a previous study we found that sumoylation of HSF2 is involved in regulating HSF2 bookmarking function, but the mechanism that mediates this regulation was unknown. The results in my work support the intriguing hypothesis that polycomb protein, Mel-18, actually functions as an anti-SUMO E3 protein, interacting both with HSF2 and the SUMO E2 Ubc9, but acting to inhibit Ubc9 activity and thereby decrease sumoylation of the HSF2.

This study also suggested that Mel-18 negatively regulates the sumoylation of other cellular proteins, and we extend its targets to RanGAP1 protein. The results …

Palestinian Refugee Women Of Jabaliya Camp, Occupied Gaza Strip: Everyday Acts Of Resistance And Avenues Of Empowerment, Sharon French Wallace

University of Kentucky Doctoral Dissertations

The lives of Palestinian refugee women are complex and layered, embedded in the constraints and dictates of a patriarchal class system within a conservative culture that has been shaped by resistance to the Israeli military occupation since 1948. Over six decades of Israeli military occupation, ongoing national resistance, poverty and a maledominated society are a few of the forces that continue to shape the lives of refugee women today. The Israeli occupation has obstructed the development of a viable Palestinian economy and legal institutions that could serve as a framework for attaining women’s rights. In addition, Palestinian women, especially refugee …

Insights Into Expression, Cellular Localization, And Regulation Of Supernatant Protein Factor, A Putative Regulator Of Cholesterol Biosynthesis, Elzbieta Ilona Stolarczyk

University of Kentucky Doctoral Dissertations

SPF (Supernatant Protein Factor) is a cytosolic protein that stimulates at least two enzymes in the cholesterol biosynthetic pathway: squalene monooxygenase and HMGCoA reductase. The mechanism of action has not been established but may be related to lipid transfer between intracellular membranes.

There are three human genes for SPF: SEC14L2 (SPF1), SEC14L3 (SPF2) and SEC14L4 (SPF3). The present study differentiates these closely related genes by evaluating their tissue-specific and relative expression levels. SPF1 mRNA was found to be most abundant in liver, mammary gland and stomach. SPF2 showed negligible expression in all tissues tested; SPF3 expression pattern was similar to …

Utilizing Mixed Surfactants For Simultaneous Pore Templating And Active Site Formation In Metal Oxides, Mohammed Shahidur Rahman

University of Kentucky Doctoral Dissertations

Self-assembled nonionic alkyl glycoside surfactants are of interest for creating functional adsorption and catalytic sites at the surface of mesoporous metal oxides, but they typically impart poor long-range order when used as pore templates. Improved order and control over the functional site density may be achieved by mixing them with a cationic surfactant. To confirm this hypothesis, we investigate the lyotropic liquid crystalline (LLC) phase behavior of aqueous solutions of the functional nonionic surfactant n-dodecyl β-D-maltoside (C₁₂G₂) and cationic cetyltrimethylammonium bromide (C₁₆TAB). A ternary phase diagram of the C₁₆TAB-C₁₂G_{2 …}

Low Density Lipoprotein Receptor And Alzheimers Disease, Rangaraj K. Gopalraj

University of Kentucky Doctoral Dissertations

Since apoE allele status is the predominant Alzheimers disease (AD) genetic risk factor, functional single nucleotide polymorphisms (SNPs) in brain apoE receptors represent excellent candidates for association with AD. Therefore, three low density lipoprotein receptor (LDLR) SNPs were evaluated by TaqMan allelic discrimination assays for association with AD and I found that certain haplotypes alter the odds of AD. A SNP within LDLR exon 12, rs688, was identified in silico as neutralizing a putative exon splicing enhancer (ESE). Since LDLR is a major apoE receptor in the brain, I hypothesized that rs688 modulates LDLR splicing in neural tissues and associates …

Hymenopteran Molecular Phylogenetics: From Apocrita To Braconidae (Ichneumonoidea), Barbara J. Sharanowski

University of Kentucky Doctoral Dissertations

Two separate phylogenetic studies were performed for two different taxonomic levels within Hymenoptera. The first study examined the utility of expressed sequence tags for resolving relationships among hymenopteran superfamilies. Transcripts were assembled from 14,000 sequenced clones for 6 disparate Hymenopteran taxa, averaging over 660 unique contigs per species. Orthology and gene determination were performed using modifications to a previously developed computerized pipeline and compared against annotated insect genomes. Sequences from additional taxa were added from public databases with a final dataset of 24 genes for 16 taxa.

The concatenated dataset recovered a robust and well-supported topology; however, there was extreme …

The Role Of The Hip Abductor Muscle Complex In The Function Of The Pathological Hip Joint, Maureen Kelly Dwyer

University of Kentucky Doctoral Dissertations

The number of patients electing to undergo total hip arthroplasty (THA) in the United States has been projected to double by the year 2030, with a growing number of these patients below the age of 65 years. This cohort of patients not only desires to return to pain free daily activity, but wishes to participate in recreation and sporting activities. However, many of these patients report pain, impairments, and functional limitations following THA. The number one deficit observed for patients who fail conventional post-operative rehabilitation is persistent weakness of the hip abductor muscles. In order to safely progress these patients …

An Exploratory Study Of High School Students. Conceptions Of Atomic And Cellular Structure And Relationships Between Atoms And Cells, Elizabeth Anne Edwards Roland

University of Kentucky Doctoral Dissertations

Constructivist learning theory is based upon the tenets that students come to learning experiences with prior knowledge and experiences that the learner will choose from to make sense of the present situation. This leads to a mixture of understandings among students. This study proposed to reveal students‟ understanding of atomic structure and cell structure as well as the relationships between atoms and cells.

High school students from one private school participated in a paper-and-pencil test to uncover conceptual understanding and content knowledge of atoms and cells. The 120 participants were from grades: 9 (13m, 15f), 10 (9m, 20f), 11 (21m, …

Three-Dimensional Free Surface Non-Hydrostatic Modeling Of Plunging Water With Turbulence And Air Entrained Transport, Tien Mun Yee

University of Kentucky Doctoral Dissertations

The advance in computational fluid dynamics in recent years has provided the opportunity for many fluid dynamic problems to be analyzed numerically. One such problem concerns the modeling of plunging water into a still water body, often encountered in pump stations. Air bubbles introduced into the system by the plunging jet can be a significant problem, especially when consumed into operating pumps. The classical approach to investigate the hydrodynamics of plunging jet in pump stations is by physical model studies. This approach is time consuming, tedious and costly. The availability of computational power today, along with appropriate numerical techniques, allows …

Evaluating The Effects Of Organic And Conventional Inputs On Soil Chemical And Biological Properties In A Four-Year Vegetable Rotation And The Investigation Of Soil Microbial Properties On Plant Gene Expression, Audrey Law

University of Kentucky Doctoral Dissertations

The objective of this research was to determine the effects of conventional inputs on soil chemical and biological properties compared to organic systems in a four year vegetable rotation. Tillage and cover crops were the same in all treatments to avoid confounding factors often present in similar research. Additional experiments investigated plant gene expression in organic and conventional management systems and in soils with decreased microbial diversity. Experimental plots were prepared in the spring of 2004; four replications of three management treatments, organic, low-input and conventional, were arranged in a randomized complete block design. The rotation consisted of edamame soybean, …

Analysis Of Esl Teacher Endorsement Effects On English Language Learners' Student Achievement And English Language Acquisition, Anna Marie Tracy

University of Kentucky Doctoral Dissertations

Over the past twenty years, classrooms throughout the United States have becomes more ethnically and linguistically diverse with the influx of immigrant residents. The impact of this demographic change has directly affected the makeup of the mainstream classroom. One response to this rapid growth in diversity demographics has been the requirement of additional teacher preparation for instruction of English language learners.

The study focuses on the impact of English as a Second Language endorsement (ESL) on the English language acquisition and academic achievement of elementary English language learners (ELL) over a two year period in a large mountain west urbansuburban …

The Generalized Burnside And Representation Rings, Eric B. Kahn

University of Kentucky Doctoral Dissertations

Making use of linear and homological algebra techniques we study the linearization map between the generalized Burnside and rational representation rings of a group G. For groups G and H, the generalized Burnside ring is the Grothendieck construction of the semiring of G × H-sets with a free H-action. The generalized representation ring is the Grothendieck construction of the semiring of rational G×H-modules that are free as rational H-modules. The canonical map between these two rings mapping the isomorphism class of a G-set X to the class of its permutation module …

Changes In Longitudinally Assessed Biomechanical Parameters Related To Increased Risk Of Anterior Cruciate Ligament (Acl) Injuries In Adolescent Female And Male Athletes, Kevin Ray Ford

University of Kentucky Doctoral Dissertations

Females suffer anterior cruciate ligament (ACL) injuries at a 2 to 10-fold greater rate compared to male athletes participating in similar sports. Altered movement patterns and inadequate knee stiffness are two interrelated factors that may increase ACL injury risk. Onset of these neuromuscular risk factors may coincide with the rapid adolescent growth that results in the divergence of a multitude of neuromuscular parameters between sexes. The overall purpose of this dissertation was to determine if neuromuscular ACL injury risk factors in female athletes increase following rapid growth and development compared to males. Male and female athletes were tested with three-dimensional …