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Nineteenth-Century Principles For Twenty-First-Century Pleading, Adam Mcdonell Moline

Emory Law Journal

Two recent Supreme Court decisions, Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, upended the standards of pleading under the Federal Rules. In both cases, the plaintiffs had filed complaints so unsubstantiated that the Court concluded they could have no other purpose than to abuse the discovery process against the defendants. Rather than subject the defendants to these unfair burdens, the Court struck language from a fifty-year-old precedent, Conley v. Gibson, that would have allowed the suits to proceed. The Court¿s solution created three new problems. Lower court judges found little guidance in its new, amorphous ¿plausibility¿ standard. Critics …

The Hacker's Aegis, Derek E. Bambauer, Oliver Day

Emory Law Journal

Intellectual property (IP) law stifles critical research on software security vulnerabilities, placing computer users at risk. Researchers who discover flaws often face IP-based legal threats if they reveal findings to anyone other than the software vendor. This Article argues that the interplay between law and vulnerability data challenges existing scholarship on how intellectual property law should regulate information about improvements on protected works, and suggests weakening, not enhancing, IP protections where infringement is difficult to detect, lucrative, and creates significant negative externalities. The Article concludes by describing other areas, such as physical security, where it may be useful to reform …

Volatile Profiling Reveals Intracellular Metabolic Changes In Aspergillus Parasticus: Vea Regulates Branched Chain Amino Acid And Ethanol Metabolism, Ludmila V. Roze, Anindya Chanda, Maris Laivenieks, Randolph M. Beaudry, Katherine A. Artymovich, Anna V. Koptina, Deena W. Awad, Dina Valeeva, Arthur D. Jones, John E. Linz

Faculty Publications

Background: Filamentous fungi in the genus Aspergillus produce a variety of natural products, including aflatoxin, the most potent naturally occurring carcinogen known. Aflatoxin biosynthesis, one of the most highly characterized secondary metabolic pathways, offers a model system to study secondary metabolism in eukaryotes. To control or customize biosynthesis of natural products we must understand how secondary metabolism integrates into the overall cellular metabolic network. By applying a metabolomics approach we analyzed volatile compounds synthesized by Aspergillus parasiticus in an attempt to define the association of secondary metabolism with other metabolic and cellular processes.

Results: Volatile compounds were examined using solid …

Why The Fair Use Defense Of Free Speech Or Parody Under The Anticybersquatting Consumer Protection Act Needs Judicial Review By The United States Supreme Court, Monique Bradley

Minnesota Journal of Law, Science & Technology

No abstract provided.

Virtual World, Real Taxes: A Sales And Use Tax Adventure Through Second Life Starring Dwight Schrute, J. Robert Schlimgen

Minnesota Journal of Law, Science & Technology

No abstract provided.

Producing Textbook Sociology, Jeff Manza, Michael Sauder, Nathan Wright

Sociology Faculty Research and Scholarship

The conservative role of the textbook in reproducing the dominant ideas of a disciplinary field is well known. The factors driving that content have remained almost entirely unexamined. Reviewing the universe of textbooks aimed at the American market between 1998 and 2004, we explore the persistence of the identification in American sociology textbooks of a paradigm in which structural functionalism, conflict theory, and symbolic interactionism are used to frame the theoretical core of the discipline. We examine how over time the textbook market produces both supply and demand pressures to reproduce content that is at odds with the mainstream of …

Substantive Canons And Faithful Agency, Amy Coney Barrett

Journal Articles

Federal courts have long employed substantive canons of construction in the interpretation of statutes. For example, they apply the rule of lenity, which directs that ambiguous criminal statutes be interpreted in favor of the defendant, and the avoidance canon, which directs that statutes be interpreted in a manner that prevents the court from having to address serious constitutional questions. They also apply so-called “clear statement” rules — for example, absent a clear statement from Congress, a federal court will not interpret a statute to abrogate state sovereign immunity. While some commentators have attempted to rationalize these and other substantive canons …

How Birds Combat Ectoparasites, Dale H. Clayton, Jennifer A. H. Koop, Christopher W. Harbison, Brett R. Moyer, Sarah E. Bush

Harold W. Manter Laboratory of Parasitology: Library Materials

Birds are plagued by an impressive diversity of ectoparasites, ranging from feather-feeding lice, to feather-degrading bacteria. Many of these ectoparasites have severe negative effects on host fitness. It is therefore not surprising that selection on birds has favored a variety of possible adaptations for dealing with ectoparasites. The functional significance of some of these defenses has been well documented. Others have barely been studied, much less tested rigorously. In this article we review the evidence--or lack thereof--for many of the purported mechanisms birds have for dealing with ectoparasites. We concentrate on features of the plumage and its components, as well …

Phylogenetic Position Of The Acariform Mites: Sensitivity To Homology Assessment Under Total Evidence, Almir R. Pepato, Carlos E. F. Da Rocha, Jason A. Dunlop

Harold W. Manter Laboratory of Parasitology: Library Materials

Background: Mites (Acari) have traditionally been treated as monophyletic, albeit composed of two major lineages: Acariformes and Parasitiformes. Yet recent studies based on morphology, molecular data, or combinations thereof, have increasingly drawn their monophyly into question. Furthermore, the usually basal (molecular) position of one or both mite lineages among the chelicerates is in conflict to their morphology, and to the widely accepted view that mites are close relatives of Ricinulei.

Results: The phylogenetic position of the acariform mites is examined through employing SSU, partial LSU sequences, and morphology from 91 chelicerate extant terminals (forty Acariformes). In a static homology framework, …

Genbank, Dennis A. Benson, Ilene Karasch-Mizrachi, David J. Lipman, James Ostell, Eric W. Sayers

Harold W. Manter Laboratory of Parasitology: Library Materials

GenBank(R) is a comprehensive database that contains publicly available nucleotide sequences for more than 380,000 organisms named at the genus level or lower, obtained primarily through submissions from individual laboratories and batch submissions from large-scale sequencing projects, including whole genome shotgun (WGS) and environmental sampling projects. Most submissions are made using the web-based BankIt or standalone Sequin programs, and accession numbers are assigned by GenBank staff upon receipt. Daily data exchange with the European Nucleotide Archive (ENA) and the DNA Data Bank of Japan (DDBJ) ensures worldwide coverage. GenBank is accessible through the NCBI Entrez retrieval system that integrates data …

Evolutionary History Of Mammalian Sucking Lice (Phthiraptera: Anoplura), Jessica E. Light, Vincent S. Smith, Julie M. Allen, Lance A. Durden, David L. Reed

Harold W. Manter Laboratory of Parasitology: Library Materials

Background

Sucking lice (Phthiraptera: Anoplura) are obligate, permanent ectoparasites of eutherian mammals, parasitizing members of 12 of the 29 recognized mammalian orders and approximately 20% of all mammalian species. These host specific, blood-sucking insects are morphologically adapted for life on mammals: they are wingless, dorso-ventrally flattened, possess tibio-tarsal claws for clinging to host hair, and have piercing mouthparts for feeding. Although there are more than 540 described species of Anoplura and despite the potential economical and medical implications of sucking louse infestations, this study represents the first attempt to examine higher-level anopluran relationships using molecular data. In this study, we …

Virulence Of Mexican Isolates Of Entomopathogenic Fungi (Hypocreales: Clavicipitaceae) Upon Rhipicephalus = Boophilus Microplus (Acari: Ixodidae) Larvae And The Efficacy Of Conidia Formulations To Reduce Larval Tick Density Under Field Conditions, César Andrés Ángel-Sahagún, Roberto Lezama-Gutiérrez, Jaime Molina-Ochoa, A. Pescador-Rubio, S. R. Skoda, C. Cruz-Vázquez, A. G. Lorenzoni, E. Galindo-Velasco, H. Fragoso-Sánchez, John E. Foster

Department of Entomology: Faculty Publications

The first objective was laboratory evaluation of the virulence of 53 Mexican isolates of fungi against larvae of Rhipicephalus (Boophilus) microplus. Thirty-three isolates of Metarhizium anisopliae var. anisopliae (Metschnickoff) Sorokin (Hypocreales: Clavicipitaceae) and 20 isolates of Isaria (Paecilomyces) fumosorosea (fumosoroseus) (Wize) (Eurotiales: Trichomaceae) were tested on 7-day-old larvae under laboratory conditions. Larvae were immersed in a suspension containing 10⁸ conidia/mL and the CL₅₀ values were estimated. Then, field tests were conducted to determine the efficacy of formulations of the isolate with the highest virulence. M. anisopliae (Ma 14 isolate) was formulated with four carriers: Tween, Celite, …

Efficacies Of Habitat Management Techniques In Managing Maize Stem Borers In Ethiopia, Difabachew K. Belay, John E. Foster

Department of Entomology: Faculty Publications

Habitat management techniques to control maize stem borers were tested in eastern (Melkassa and Mieso) and western (Sibu-Sire) Ethiopia. These techniques consisted of using mixed cropping of maize with haricot beans at different maize:bean ratios and a ‘‘push–pull’’ (PP) strategy utilizing Napier grass as a trap plant around maize plots as the ‘‘pull’’ and Desmodium in between maize rows as a deterrent or ‘‘push’’. In Melkassa, pest infestations were too low for the cropping system to significantly affect pests, plant damage and yields while in Mieso, where the pest densities were high, intercropping of maize with beans at ratios of …

A Partial Taxonomy Of Substitutability And Interchangeability, Shant Karakashian, Robert J. Woodward, Berthe Y. Choueiry, Steven D. Prestwich, Eugene C. Freuder

School of Computing: Conference and Workshop Papers

Substitutability, interchangeability and related concepts in Constraint Programming were introduced approximately twenty years ago and have given rise to considerable subsequent research. We survey this work, classify, and relate the different concepts, and indicate directions for future work, in particular with respect to making connections with research into symmetry breaking. This paper is a condensed version of a larger work in progress.

Stratigraphic Signature Of The Late Palaeozoic Ice Age In The Parmeener Supergroup Of Tasmania, Se Australia, And Inter-Regional Comparisons, Christopher R. Fielding, Tracy D. Frank, John L. Isbell, Lindsey C. Henry, Eugene W. Domack

Department of Earth and Atmospheric Sciences: Faculty Publications

Recent research in eastern Australia has established that rather than being a single, long-lived epoch, the late Palaeozoic Ice Age comprised a series of glacial intervals each 1–8 million years in duration, separated by non-glacial intervals of comparable duration. In order to test whether the glacial events recognized in New South Wales and Queensland have broader extent, we conducted a reappraisal of the Parmeener Supergroup of Tasmania, southeast Australia. A facies analysis of the Pennsylvanian to Permian section was carried out, allowing rationalization of the succession into four recurrent facies associations: a) glacigenic facies association, restricted to the basal Pennsylvanian/earliest …

Tetrapod Fauna Of The Lowermost Usili Formation (Songea Group, Ruhuhu Basin) Of Southern Tanzania, With A New Burnetiid Record, Christian A. Sidor, Kenneth D. Angielczyk, D. Marie Weide, Roger M. H. Smith, Sterling J. Nesbitt, Linda A. Tsuji

Department of Earth and Atmospheric Sciences: Faculty Publications

Vertebrate fossils from the Ruhuhu Basin of southern Tanzania have been known for over 75 years, but the details of their stratigraphic distribution remain imperfectly understood. Recent fieldwork in the Upper Permian Usili Formation (Songea Group) has led to the discovery of a tetrapod assemblage in a conglomeratic unit at its base. The fossils are concentrated in matrix-supported intraformational clay pebble conglomerates interpreted as mass flow deposits in wide, shallow channels in the distal reaches of an alluvial fan. Included in this new collection are fossils representing the first record of a burnetiid therapsid from Tanzania. The anatomy of the …

Effects Of Irrigated Agroecosystems: 2. Quality Of Soil Water And Groundwater In The Southern High Plains, Texas, B. R. Scanlon, J. B. Gates, R. C. Reedy, W. A. Jackson, J. P. Bordovsky

Department of Earth and Atmospheric Sciences: Faculty Publications

Trade‐offs between water‐resource depletion and salinization need to be understood when promoting water‐conservative irrigation practices. This companion paper assesses impacts of groundwater‐fed irrigation on soil water and groundwater quality using data from the southern High Plains (SHP). Unsaturated zone soil samples from 13 boreholes beneath irrigated agroecosystems were analyzed for water‐extractable anions. Salt accumulation in soils varies with irrigation water quality, which ranges from low salinity in the north (median Cl: 21 mg/L) to higher salinity in the south (median Cl: 180 mg/L). Large Cl bulges under irrigated agroecosystems in the south are similar to those under natural ecosystems, but …

Tob1 Is A Constitutively Expressed Repressor Of Liver Regeneration, Karen J. Ho, Nhue L. Do, Hasan H. Otu, Martin J. Dib, Xianghui Ren, Keiichi Enjyoji, Simon C. Robson, Ernest F. Terwilliger, Seth J. Karp

Department of Electrical and Computer Engineering: Faculty Publications

How proliferative and inhibitory signals integrate to control liver regeneration remains poorly understood. A screen for antiproliferative factors repressed after liver injury identified transducer of ErbB2.1 (Tob1), a member of the PC3/BTG1 family of mito-inhibitory molecules as a target for further evaluation. Tob1 protein decreases after 2/3 hepatectomy in mice secondary to posttranscriptional mechanisms. Deletion of Tob1 increases hepatocyte proliferation and accelerates restoration of liver mass after hepatectomy. Down-regulation of Tob1 is required for normal liver regeneration, and Tob1 controls hepatocyte proliferation in a dose-dependent fashion. Tob1 associates directly with both Caf1 and cyclindependent kinase (Cdk) 1 and …

Refugees As People: The Portrayal Of Refugees In American Human Interest Stories, Sarah Steimel

Department of Communication Studies: Faculty Publications

This study combines discourse analysis and narrative analysis (Yin 2007) to examine top US newspapers’ coverage of refugees in American human interest stories. I find that the refugees are presented (a) as prior victims; (b) as in search of the American Dream; and (c) as unable to achieve the American Dream. As human-interest features, the stories provide a largely positive portrayal of individual refugees and their families. However, the human interest stories also depict refugees as current victims of the American economic crisis; deeply frustrated by their inability to achieve the American Dream. Together these discourses represent a narrative of …

Exploring Links Between Well-Being And Interactional Sense-Making In Married Couples’ Jointly Told Stories Of Stress, Jody Koenig Kellas, April R. Trees, Paul Schrodt, Cassandra Leclair-Underberg, Erin K. Willer

Department of Communication Studies: Faculty Publications

Narrative theorizing suggests that narrating stress, difficulty, or trauma can be beneficial for improved mental health, yet extant research tends to consider narrating stress as an individual or psychological construct. However, in close relationships, people often experience shared stressors and jointly tell their shared stories of difficulty to others. Thus, joint storytelling processes likely also relate to individual health. We tested this expectation using a series of actor-partner interdependence models and path analyses in a study that included 68 couples’ video-recorded joint storytelling interactions. Findings primarily indicate relationships between husbands’, wives’, and couples’ storytelling behaviors and husbands’ mental health. Generally …

Factors Affecting The Alkaline Cooking Performance Of Selected Corn And Sorghum Hybrids, Weston B. Johnson, Wajira S. Ratnayake, David S. Jackson, Kyung-Min Lee, Timothy J. Herrman, Scott R. Bean, Stephen C. Mason

Department of Food Science and Technology: Faculty Publications

Dent com (Zea mays L.) and sorghum (Sorghum hieolor L. Moench) sample sets representative of commonly grown hybrids and diverse physical attributes were analyzed for alkaline cooking performance. The influence of kernel characteristics including hardness, density, starch properties (thermal, pasting, and crystallinity), starch content, protein content, and prolamin content on alkaline cooking performance was also determined. Corn nixtamal moisture content was lower for hard, dense kernels with high protein contents; sorghum nixtamal moisture content was lower for kernels with low moisture contents and low starch relative crystallinities. Statistically significant (P < 0.05) regression equations showed that corn nixtamal moisture content was influenced by TADD (tangential abrasive dehulling device) index, kernel moisture content, starch content, and protein content; sorghum nixtamal moisture content was influenced by starch relative crystallinity, kernel moisture content, and abrasive hardness index. Pericarp removal was not strongly correlated with kernel characterization tests. Location (environmental) and hybrid (genetic) factors influenced most kernel characteristics and nixtamalization processing variables.

Responders And Non-Responders To Probiotic Interventions, Gregor Reid, Estelle Gaudier, Francisco Guarner, Gary B. Huffnagle, Jean M. Macklaim, Alicia Murcia Munoz, Margaret Martini, Tamar Ringel-Kulka, Balfor R. Sartor, Robert R. Unal, Kristin Verbeke, Jens Walter

Department of Food Science and Technology: Faculty Publications

As with many clinical studies, trials using probiotics have shown clearly that some patients benefit from the treatment while others do not. For example if treatment with probiotics leads to 36% cure rate of diarrhea, why did the other 64% not have the same result? The issue is important for human and indeed experimental animal studies for two main reasons: (i) Would changing the design of the study result in more subjects responding to treatment? (ii) If a subject does not respond what are the mechanistic reasons? In order to tackle the issue of responders and non-responders to therapy, a …

Infant Temperament, Maternal Personality, And Parenting Stress As Contributors To Infant Developmental Outcomes, Victoria J. Molfese, Kathleen Moritz Rudasill, Jennifer L. Beswick, Jill L. Jacobi-Vessels, Melissa C. Ferguson, Jamie M. White

Department of Educational Psychology: Faculty Publications

This study examined contributions of maternal personality and infant temperament to infant vocabulary and cognitive development both directly and indirectly through parental stress. Participants were recruited at birth and included 63 infant twin pairs and their mothers. Assessments were completed at 6, 9, 12, and 18 months of age and included Dimensions of Temperament–Revised (maternal personality), Parenting Stress Index (parental stress), Infant Behavior Questionnaire–Revised (infant temperament), Bayley Scales of Infant Development II: Mental Development Index, and MacArthur-Bates Total Vocabulary. Structural equation modeling with a jackknife approach was used to analyze data separately for each twin in the pair. At 12 …

Interaction Of The Mu-Opioid Receptor With Gpr177 (Wntless) Inhibits Wnt Secretion: Potential Implications For Opioid Dependence., Jay Jin, Saranya Kittanakom, Victoria Wong, Beverly A S Reyes, Elisabeth J Van Bockstaele, Igor Stagljar, Wade Berrettini, Robert Levenson

Department of Neurosurgery Faculty Papers

BACKGROUND: Opioid agonist drugs produce analgesia. However, long-term exposure to opioid agonists may lead to opioid dependence. The analgesic and addictive properties of opioid agonist drugs are mediated primarily via the mu-opioid receptor (MOR). Opioid agonists appear to alter neuronal morphology in key brain regions implicated in the development of opioid dependence. However, the precise role of the MOR in the development of these neuronal alterations remains elusive. We hypothesize that identifying and characterizing novel MOR interacting proteins (MORIPs) may help to elucidate the underlying mechanisms involved in the development of opioid dependence. RESULTS: GPR177, the mammalian ortholog of Drosophila …

Parallels Between Tolstoy’S Life, Writing And Hindu Philosophical Thought, Radha Balasubramanian

Russian Language and Literature Papers

Tolstoy was always interested in other religions and was attracted to the ancient religions of the East. He wished to relinquish worldly pleasures and seek seclusion like a true Brahman, who in his old age gives up family and material benefits to devote himself completely to go in search of inner peace and achieve salvation. Tolstoy himself sees a correspondence between his life and Hindu way of life. In my article, I show that this quest was not isolated or applied only to his life, but existed through out Tolstoy’s writing career, as many of his heroes in his novels …

Migration Of Northern Yellowstone Elk: Implications Of Spatial Structuring, P. J. White, Kelly M. Proffitt, L. David Mech, Shaney B. Evans, Julie A. Cunningham, Kenneth L. Hamlin

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

Migration can enhance survival and recruitment of mammals by increasing access to higher-quality forage or reducing predation risk, or both. We used telemetry locations collected from 140 adult female elk during 2000– 2003 and 2007–2008 to identify factors influencing the migration of northern Yellowstone elk. Elk wintered in 2 semidistinct herd segments and migrated 10–140 km to at least 12 summer areas in Yellowstone National Park (YNP) and nearby areas of Montana. Spring migrations were delayed after winters with increased snow pack, with earlier migration in years with earlier vegetation green-up. Elk wintering at lower elevations outside YNP migrated an …

Proportion Of Calves And Adult Muskoxen, Ovibos Moschatus Killed By Gray Wolves, Canis Lupus, In July On Ellesmere Island, L. David Mech

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

Generally Gray Wolves (Canis lupus L., 1758) tend to focus predation on young-of-the-year ungulates during summer, and I hypothesized that wolves preying on Muskoxen (Ovibos moschatus Zimmerman, 1780) in summer would follow that trend. Over 23 July periods observing wolves on Ellesmere Island, Nunavut, Canada, I found that packs of 2-12 adult wolves killed seven calves, one yearling, and five adult muskoxen at distances of 2.9 to 32 km from their current dens and pups. Given a possible bias against finding calves because of their fewer remains, these results do not necessarily refute the hypothesis, but they do …

Effects Of Splat® Gm Sprayable Pheromone Formulation On Gypsy Moth Mating Success, Ksenia S. Onufrieva, Kevin W. Thorpe, Andrea D. Hickman, Patrick C. Tobin, Donna S. Leonard, E. Anderson Roberts

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Several integrated pest management programs rely on the use of mating disruption tactics to control insect pests. Some programs specifically target non-native species, such as the gypsy moth, Lymantria dispar (L.) (Lepidoptera: Lymantriidae).We evaluated SPLAT ® GM, a new sprayable formulation of the gypsy moth sex pheromone disparlure, for its ability to disrupt gypsy moth mating. The study was conducted in 2006, 2007, and 2008 in forested areas in Virginia, USA. Mating success of gypsy moth females was reduced by >99% and male moth catches in pheromone-baited traps by >90%, in plots treated with SPLAT ® GM at dosages ranging …

Neuroaids In Africa, Kevin Robertson, Jeff Liner, James Hakim, Jean-Louis Sankalé, Igor Grant, Scott Letendre, David Clifford, Amadou Gallo Diop, Assan Jaye, Georgette Kanmogne, Alfred Njamnshi, T. Dianne Langford, Tufa Gemechu Weyessa, Charles Wood, Mwanza Banda, Mina Hosseinipour, Ned Sacktor, Noeline Nakasuja, Paul Bangirana, Robert Paul, John Joska, Joseph Wong, Michael Boivin, Penny Holding, Betsy Kammerer, Annelies Van Rie, Prudence Ive, Avindra Nath, Kathy Lawler, Clement Adebamowo, Walter Royal Iii, Jeymohan Joseph

Nebraska Center for Virology: Faculty Publications

In July 2009, the Center for Mental Health Research on AIDS at the National Institute of Mental Health organized and supported the meeting “NeuroAIDS in Africa.” This meeting was held in Cape Town, South Africa, and was affiliated with the 5th IAS Conference on HIV Pathogenesis, Treatment and Prevention. Presentations began with an overview of the epidemiology of HIV in sub-Saharan Africa, the molecular epidemiology of HIV, HIV-associated neurocognitive disorders (HANDs), and HAND treatment. These introductory talks were followed by presentations on HAND research and clinical care in Botswana, Cameroon, Ethiopia, The Gambia, Kenya, Malawi, Nigeria, Senegal, South Africa, Uganda, …

Draft Programmatic Environmental Impact Statement For The Mechanical Creation And Maintenance Of Emergent Sandbar Habitat In The Riverine Segments Of The Upper Missouri River, Vol. 1 And 2

United States Army Corps of Engineers, Omaha District

This Draft Programmatic Environmental Impact Statement (PEIS) analyzes the potential environmental consequences of implementing the Emergent Sandbar Habitat (ESH) program on the Upper Missouri River. The purpose of the ESH program is to support least tern and piping plover populations on the Missouri River by supplementing natural habitat through the mechanical creation and replacement of ESH. The PEIS allows the public, cooperating agencies (the U.S. Fish and Wildlife Service (USFWS) and the National Park Service (NPS)), and Corps decision makers to compare impacts among a range of alternatives. The PEIS is meant to inform the selection of a preferred alternative …