Digital Commons Network^™

Is Justice Relevant To The Law Of War, George P. Fletcher

Faculty Scholarship

Intellectual work on the law of war suffers from chronic isolation. The commentators on the Rome Statute are international lawyers who pay no attention to the work either of theoretical criminal lawyers or of the philosophers. The philosophers – Jeff McMahan as an outstanding example – ignore the legal details that dominate the books of the international lawyers. Criminal lawyers have much to contribute to the discussion of international law, but they seem not to be interested. Writers with limited audiences, living in closed worlds, are unaware of what they have to learn from those with a different take on …

Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Mary Eschelbach Hansen, Joshua Gupta-Kagan

Faculty Scholarship

This article begins with the context: despite increases in the number of adoptions from foster care achieved in the 1990s, tens of thousands of children remain in foster care awaiting adoption or permanent guardianship. The following section provides background on subsidy law and policy. The section describes the recent history of federal and state subsidies for parents who adopt children from the state foster care systems; the section describes state subsidies for caregivers who become legal permanent guardians of children in the state child welfare systems, and the section describes the disparities between adoption and guardianship subsidies and the subsidies …

Greenhouse Gases: Emerging Standards For Impact Review, Michael B. Gerrard

Faculty Scholarship

Numerous federal and state judicial decisions have established that environmental impact statements (EISs) under the National Environmental Policy Act (NEPA) and its state equivalents should examine the impact of proposed projects on emissions of greenhouse gases (GHG), the principal anthropogenic cause of climate change. Administrative agencies and court settlements are now establishing the guidelines for the conduct of these examinations.

Coal-Fired Powerplants Dominate Climate Change Litigation, Michael B. Gerrard

Faculty Scholarship

Litigation aiming to reduce emissions of greenhouse gases (GHGs) is coming to be dominated by battles over coal-fired power plants. Ten of the last 20 judicial or administrative decisions or case filings in matters aiming to reduce GHGs have concerned such plants. A concerted effort by the environmental community to fight the use of coal is behind much of this litigation. According to the Energy Information Administration, the combustion of coal is the largest source of GHG emissions in the United States; motor vehicles are a not-very-close second.

The Sierra Club has a Web site that tracks all the proposed …

Comment On Developing A Comprehensive Approach To Climate Change Mitigation Policy In The United States: Integrating Levels Of Government And Economic Sectors, Michael B. Gerrard

Faculty Scholarship

The article by Thomas D. Peterson, Robert B. McKinstry Jr., and John C. Dernbach (PM&D) has two central insights: (1) Any serious national effort to control emissions of greenhouse gases (GHGs) must continue to leave important roles to the states; and (2) It would be a mistake to put too many eggs in the cap-and-trade basket. A portfolio approach that utilizes many different regulatory techniques is important.

I certainly agree with PM&D about these insights, and they are correct that much of the current Congressional debate has given too little attention to these considerations. However, I have serious reservations about …

State Bar Task Force: 22 New York Actions To Address Climate Change, Michael B. Gerrard

Faculty Scholarship

The new Obama administration is reversing eight years of federal refusal to take mandatory action to address climate change. However, the lower levels of government will continue to play central roles. States and municipalities are the principal regulators of building construction, land use, and electric utilities; they are major users of goods and services that generate greenhouse gases (GHGs) – and they have other key roles.

To see how New York can better contribute to these efforts, in 2008 Bernice K. Leber, president of the New York State Bar Association, convened a Task Force on Global Warming. Its 12 members …

The Obama Administration's First Environmental Policy Changes, Michael B. Gerrard

Faculty Scholarship

Under President Clinton the U.S. EPA took the position that it had the authority to regulate greenhouse gases (GHGs) from motor vehicles under the Clean Air Act as written, but the Clinton administration did not take affirmative steps to actually employ that authority. When President Bush took office, the General Counsel of EPA took the opposite position, stating that it would need special authorizing legislation in order to architect that regulation. A petition was filed with the EPA by the International Council for Technology Assessment and other organizations asking EPA to impose such regulations. EPA denied the petition. This led …

The Pto And The Market For Influence In Patent Law, Clarisa Long

Faculty Scholarship

As statutory schemes go, the patent statute has been relatively stable from 1952 to the present. In contrast to copyright law, where Congress has taken a close – indeed at times intense – interest in the details of the statutory scheme, legislative intervention into the patent statute, when it has occurred, has been more limited and narrower in scope. For many reasons, however, patent law has been disequilibrating over time, and calls for patent reform have been increasing in intensity. One of the many factors contributing to this disequilibration in recent years has been the ongoing emergence of the U.S. …

A New Proposal For Loan Modifications, Christopher J. Mayer, Edward R. Morrison, Tomasz Piskorski

Faculty Scholarship

We propose a new three-pronged plan to address the recent harmful flood of foreclosures. Our plan would address the major barriers that inhibit the ability of third-party servicers to modify mortgages the way portfolio lenders are now doing with greater success. The plan provides greater compensation for servicers to perform their duties, removes legal constraints that inhibit modification, and addresses critical second liens that often get in the way of effective mortgage modifications. Our plan has more modest costs than competing plans and is likely to be the most effective while still protecting the rights of investors in mortgage-backed securities.

Bargaining Around Bankruptcy: Small Business Workouts And State Law, Edward R. Morrison

Faculty Scholarship

Federal bankruptcy law is rarely used by distressed small businesses. For every 100 that suspend operations, at most 20 file for bankruptcy. The rest use state law procedures to liquidate or reorganize. This paper documents the importance of these procedures and the conditions under which they are chosen using firm-level data on Chicago-area small businesses. I show that business owners bargain with senior lenders over the resolution of financial distress. Federal bankruptcy law is invoked only when bargaining fails. This tends to occur when there is more than one senior lender or when the debtor has defaulted on senior debt …

Securities Law And The New Deal Justices, Adam C. Pritchard, Robert B. Thompson

Articles

In this Article, we explore the role of the New Deal Justices in enacting, defending, and interpreting the federal securities laws. Although we canvass most of the Court's securities law decisions from 1935 to 1955, we focus in particular on PUHCA, an act now lost to history for securities practitioners and scholars. At the time of the New Deal, PUHCA was the key point of engagement for defining the judicial view toward New Deal securities legislation. Taming the power of Wall Street required not just the concurrence of the legislative branch, but also the Supreme Court, a body that the …

The Screening Effect Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Karen K. Nelson

Articles

Prior research shows that the Private Securities Litigation Reform Act (PSLRA) increased the significance of merit-related factors in determining the incidence and outcomes of securities fraud class actions (Johnson et al. 2007). We examine two possible explanations for this finding: the PSLRA may have reduced the incidence of nonmeritorious litigation, or it may have changed the definition of merit, effectively precluding claims that would have survived and produced a settlement pre-PSLRA. We find no evidence that pre-PSLRA claims that settled for nuisance value would be less likely to be filed under the PSLRA regime. There is evidence, however, that pre-PSLRA …

Ape 2 2009, Production And Exchange, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Production, labor time and costs graphs [Two-page graph packet on productivity, output, labor and machine coefficients, shift combinations, and engineering capacity]. (n.d.).
• Shaikh, A. (2009, February 19). Production and exchange [Annotated chapter draft].
• Standard view / classical view [Diagram sheet contrasting accounts of production, labor, products, and exchange]. (n.d.).
• Production and cost coefficients data table [Spreadsheet printout of shift outputs, wage bills, material costs, and cost measures]. (n.d.).
• Production and cost coefficients illustrations, figures 4.1-4.13 [Incomplete annotated graph packet with multiple spreadsheet-version labels]. (n.d.).
• Shaikh, A. (2000, September). The importance of working time in Marx's analysis [One-page …

Ape 2, Methodology, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A. (2008, October 22). Ch 3 microfoundations, emergent properties and nonlinear dynamics [Partial chapter draft with outline, printed pages 15-30, and repeated copies of page 21].
• NetLogo simulations microfoundations paper [Simulation instructions for heterogeneous, homogeneous, whimsical, and imitate/innovate agents]. (2009, February 12).
• Shaikh, A. (2008, October 22). Ch 3 microfoundations, emergent properties and nonlinear dynamics [Annotated manuscript fragment covering printed pages 1-12 and 14].

Observer Bias And The Detection Of Low‐Density Populations, Matthew C. Fitzpatrick, Evan L. Preisser, Aaron M. Ellison, Joseph S. Elkinton

Biological Sciences Faculty Publications

Monitoring programs increasingly are used to document the spread of invasive species in the hope of detecting and eradicating low‐density infestations before they become established. However, interobserver variation in the detection and correct identification of low‐density populations of invasive species remains largely unexplored. In this study, we compare the abilities of volunteer and experienced individuals to detect low‐density populations of an actively spreading invasive species, and we explore how interobserver variation can bias estimates of the proportion of sites infested derived from occupancy models that allow for both false negative and false positive (misclassification) errors. We found that experienced individuals …

A Method For Individualizing The Prediction Of Immunogenicity Of Protein Vaccines And Biologic Therapeutics: Individualized T Cell Epitope Measure (Item), Tobias Cohen, Leonard Moise, Matthew Ardito, William Martin, Anne S. De Groot

Institute for Immunology and Informatics Faculty Publications

The promise of pharmacogenomics depends on advancing predictive medicine. To address this need in the area of immunology, we developed the individualized T cell epitope measure (iTEM) tool to estimate an individual's T cell response to a protein antigen based on HLA binding predictions. In this study, we validated prospective iTEM predictions using data from in vitro and in vivo studies. We used a mathematical formula that converts DRB1 allele binding predictions generated by EpiMatrix, an epitope-mapping tool, into an allele-specific scoring system. We then demonstrated that iTEM can be used to define an HLA binding threshold above which immune …

Construction And Sequence Sampling Of Deep-Coverage Large-Insect Bac Libraries For Three Model Lepidopteran Species, Chengcang Wu, Dina Proestou, Dorothy Carter, Erica Nicholson, Filippe Santos, Shaying Zhao, Hong-Bin Zhang, Marian R. Goldsmith

Biological Sciences Faculty Publications

Background: Manduca sexta, Heliothis virescens, and Heliconius erato represent three widely-used insect model species for genomic and fundamental studies in Lepidoptera. Large-insert BAC libraries of these insects are critical resources for many molecular studies, including physical mapping and genome sequencing, but not available to date.

Results: We report the construction and characterization of six large-insert BAC libraries for the three species and sampling sequence analysis of the genomes. The six BAC libraries were constructed with two restriction enzymes, two libraries for each species, and each has an average clone insert size ranging from 152–175 kb. We estimated that …

An Integrated Genetic Linkage Map For Silkworms With Three Parental Combinations And Its Application To The Mapping Of Single Genes And Qtl, Shuai Zhan, Jianhua Huang, Qiuhong Guo, Yunpo Zhao, Weihua Li, Xuexia Miao, Marian R. Goldsmith, Muwang Li, Yongping Huang

Biological Sciences Faculty Publications

Background: Bombyx mori, the domesticated silkworm, is a well-studied model insect with great economic and scientific significance. Although more than 400 mutations have been described in silkworms, most have not been identified, especially those affecting economically-important traits. Simple sequence repeats (SSRs) are effective and economical tools for mapping traits and genetic improvement. The current SSR linkage map is of low density and contains few polymorphisms. The purpose of this work was to develop a dense and informative linkage map that would assist in the preliminary mapping and dissection of quantitative trait loci (QTL) in a variety of silkworm strains. …

Reforming Family Court: Getting It Right Between Rhetoric And Reality, Jane M. Spinak

Faculty Scholarship

What do we say about the reform work we do, and to what degree is what we say accurate? How does the way in which we talk about family court reform implicate our analysis of what we are achieving? How does our place or role within the system affect our perceptions of reform? What limits our willingness and ability to apply rigorous evaluative techniques to determine whether we are reaching our goals? And if we are failing, can we acknowledge failure and learn from it? Answering these questions may lead to a better understanding of why family court reform is …

The German Constitutional Court Says 'Ja Zu Deutschland!', Daniel H. Halberstam, Christoph Möllers

Articles

In announcing the decision of the Bundesverfassungsgericht (BVerfG - Federal Constitutional Court) on the constitutionality of the Lisbon Treaty, the Presiding Justice of the Second Senate summed up the judgment by proclaiming: “Das Grundgesetz sagt ‘Ja' zum Vertrag von Lissabon.”

Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel C. Richman

Faculty Scholarship

This Essay explores the mechanisms of control over federal criminal enforcement that the administration and Congress used or failed to use during George W. Bush's presidency. It gives particular attention to Congress, not because legislators played a dominant role, but because they generally chose to play such a subordinate role. My fear is that the media focus on management inadequacies or abuses within the Justice Department during the Bush administration might lead policymakers and observers to overlook the hard questions that remain about how the federal criminal bureaucracy should be structured and guided during a period of rapidly shifting priorities …

Effects Of Dietary And Exercise Interventions On The Incidence Of Metabolic Syndrome, Ricky Mccoy Kirby

UNF Graduate Theses and Dissertations

Metabolic syndrome is a serious health problem in the United States. The presence of metabolic syndrome significantly increases the risk of developing type II diabetes and cardiovascular disease by producing a prothrombic state. The prothrombic state that results from the clustering of several independent cardiovascular risk factors within one individual increases the risk of micro and macro vascular changes and eventually to end organ damage.

There is considerable evidence to support the serious nature of this medical condition. Medications used to treat the hypertension, diabetic, and dyslipidemia components of metabolic syndrome can be a significant drain on the monthly budget …

The Effect Of Electronic Feedback On Anesthesia Providers' Timely Preoperative Antibiotic Administration, Jonathan Pabalate

UNF Graduate Theses and Dissertations

The growing presence of electronic anesthesia record keeping and perioperative informatics systems is contributing to a database of valuable information that can significantly improve patient care and patient outcomes. Efforts such as the National Surgical Quality Improvement Project and the Surgical Care Improvement Project have analyzed quality measures that directly correlate to patient outcomes. Several of these quality indicators are influenced by the performance of anesthesia providers’ activities in the perioperative period. These programs promote timely administration of preoperative antibiotics. One of their guidelines states that preoperative antibiotic should be given within an hour prior to surgical incision. Surgical site …

Obstetrical Screening Practices Of Nurse-Midwives And Nurse Practitioners, Laura Ann Abney

UNF Graduate Theses and Dissertations

With the continued growth in the numbers of nurse practitioners and certified nurse-midwives, more and more women will receive prenatal care from advanced practice nurses. The purpose of this research was to assess the routine screening practices of advance practice nurses providing prenatal care and to compare those practices with current guidelines. The study focused on five areas of prenatal screening: bacterial vaginosis, group B streptococcus, gestational diabetes, maternal serum markers, and fetal movement monitoring. The interaction model of client health behavior by Cheryl Cox, specifically professional-technical competencies, part of the client-professional element of the model, provided the theoretical framework …

The Effect Of Zinc On L-Leucine Transport In Lobster Intestine, Anna Lynn Mullins

UNF Graduate Theses and Dissertations

The current study is a characterization of L-leucine absorption across the American lobster intestine in order to determine the likelihood of a bis-complex formation with zinc ([Leu]-Zn-[Leu]) as a possible substrate for PEPT1. This study required isolated lobster intestines to be mounted in a perfusion chamber in order to quantify 3H-L-leucine transport. It was hypothesized that an apical dipeptide transporter, PEPT1, was responsible for uptake of L-leucine via formation of a bis-complex with zinc ([Leu]-Zn-[Leu]) in the form of molecular mimicry, where the bis-complex mimics the normal dipeptide substrate of the proposed carrier system. It was found that L-leucine transport …

Effects Of Provider Education On Documentation Compliance In The O.R., Brenda Kingdon

UNF Graduate Theses and Dissertations

Knowledge of The Joint Commission's National Patient Safety Goals and an effective provider cooperative practice involving communication and teamwork are essential for the delivery of safe and compliant patient care in the surgical setting. The purpose of this study was to assess the impact of an educational intervention for physicians and nurses designed to increase documentation of compliance with national patient safety standards. As events of noncompliance have impacted patient safety at the hospital where this project was conducted, measures were needed to assess barriers to compliance with standards of practice and to focus educational session plans on identified knowledge-base …

An Examination Of The Effectiveness Of The Mmpi-2 And The Pai In The Detection Of Random Responding, Lesley Ann Hiebing

Dissertations and Theses @ UNI

Intermittent Random Responding, Front Random Responding, and Back Random Responding were investigated on the MMPI-2 and PAL Random responses were inserted in increasing proportions into profiles from a large clinical sample. Validity scales sensitive to random responding on each scale (VRIN, F, FB, and FP on the MMPI-2 and ICN and INF on the PAI) were evaluated to determine which scale(s) would best detect random responding. Results indicate that validity scales from both measures were more sensitive to random responding in the intermittent random condition and performed worse in the back random condition. Overall, the MMPI-2 validity scales were better …

Arabs And Muslims In Orientalist Hollywood: Trends In Perception Before And After 9/11, Marwa Hassan Genena

Dissertations and Theses @ UNI

Before 9/11, almost all Hollywood Orientalist films fit the tenets of Orientalist discourse, which Edward Said describes in Orientalism. Brushed with a series of negative qualities, the Oriental character is usually represented as an absolute opposite to the Western character, whose perfection is highlighted by the former's numerous flaws. Not only is the Arab or Muslim character in pre-9/11 Hollywood dumb and inept, but evil and dangerous as well. Additionally, Orientalist filmmakers avoid a solid, deep construction of their Arab or Muslim characters in such a way that the personal or humane side of these characters is completely ignored. In …

An Analysis Of State-By-State Variations In African American Incarceration Rates, Kristen Laura Johnson

Dissertations and Theses @ UNI

A great deal of social scientific research has examined the overrepresentation of African Americans in the American criminal justice system. Many of these analyses have focused on racial disparities in sentencing, and the disproportionate confinement of African Americans in jails and prisons. While the overrepresentation of African Americans in the criminal justice system is indisputable, explanations for this condition are often complex and controversial.

Arabidopsis Thaliana Glx2-1 Contains A Dinuclear Metal Binding Site, But Is Not A Glyoxalase 2, Pattraranee Limphong, Michael W. Crowder, Brian Bennett, Christopher A. Makaroff

Physics Faculty Research and Publications

In an effort to probe the structure and function of a predicted mitochondrial glyoxalase 2, GLX2-1, from Arabidopsis thaliana, GLX2-1 was cloned, overexpressed, purified and characterized using metal analyses, kinetics, and UV–visible, EPR, and ¹H-NMR spectroscopies. The purified enzyme was purple and contained substoichiometric amounts of iron and zinc; however, metal-binding studies reveal that GLX2-1 can bind nearly two equivalents of either iron or zinc and that the most stable analogue of GLX2-1 is the iron-containing form. UV–visible spectra of the purified enzyme suggest the presence of Fe(II) in the protein, but the Fe(II) can be oxidized over …