Digital Commons Network^™

Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus

Articles

The indigent defense delivery system in the United States is in a state of crisis. Public defenders routinely handle well over 1,000 cases a year, more than three times the number of cases that the American Bar Association says one attorney can handle effectively. As a result, many defendants sit in jail for months before even speaking to their court-appointed lawyers. And when defendants do meet their attorneys, they are often disappointed to learn that these lawyers are too overwhelmed to provide adequate representation. With public defenders or assigned counsel representing more than 80% of criminal defendants nationwide, the indigent …

Real Copyright Reform, Jessica D. Litman

Articles

A copyright system is designed to produce an ecology that nurtures the creation, dissemination, and enjoyment of works of authorship. When it works well, it encourages creators to generate new works, assists intermediaries in disseminating them widely, and supports readers, listeners, and viewers in enjoying them. If the system poses difficult entry barriers to creators, imposes demanding impediments on intermediaries, or inflicts burdensome conditions and hurdles on readers, then the system fails to achieve at least some of its purposes. The current U.S. copyright statute is flawed in all three respects. In this Article, I explore how the current copyright …

Article I, Article Iii, And The Limits Of Enumeration, Gil Seinfeld

Articles

Article I, Section 8 and Article Ill, Section 2 of the U.S. Constitution deploy parallel strategies for constraining the power of the federal government. They enumerate powers that the national legislature and judiciary, respectively, are permitted to exercise and thereby implicitly prohibit these two branches of government from exercising powers not enumerated. According to conventional thinking, this strategy has failed in connection with Article I and succeeded in connection with Article III. That is, it is widely acknowledged that Congress routinely exercises powers that are difficult to square with the Article I enumeration; but it is commonly thought that the …

Conservation Status And Habitat Use Of The West Virginia Spring Salamander (Gyrinophilus Subterraneus) And Spring Salamander (G. Porphyriticus) In General Davis Cave, Greenbrier Co., West Virginia, Matthew L. Niemiller, Michael S. Osbourn, Dante B. Fenolio, Thomas K. Pauley, Brian T. Miller, John R. Holsinger

Biological Sciences Faculty Publications

The West Virginia Spring Salamander (Gyrinophilus subterraneus) is one of four obligate cave-dwelling species of plethodontid salamanders found east of the Mississippi River in the United States. This species is endemic to a single cave system; General Davis Cave, in Greenbrier Co., West Virginia, where it is syntopic with the closely-related Spring Salamander (G. porphyriticus). Accordingly, the West Virginia Spring Salamander is a species of critical conservation concern. Because of it's conservation status and lack of data regarding the ecology and life history, particularly about population trends, we present data on relative abundance of and habitat …

Learning To Fly: How We Finally Got Our Documentaries Off The Ground, Rehema Trimiew

Theses

This paper chronicles the four years that I worked on my thesis film "Learning To Fly," which I screened at the RIT May 2010 screenings. Much of this process included significant obstacles that I was thankfully able to overcome due to the support of friends and family. I have tried to include many of the details of this journey, however this has created a lengthy account. For me it's important to include many of the traumatic moments that I experienced so that I can move on and create more, hopefully less distressing productions. Because I retained so many emails and …

The Constitution And Our Debt To The Future, Rena I. Steinzor

Faculty Scholarship

Health and safety laws have always been justified as manifestations of congressional authority to regulate and protect the free flow of interstate commerce under Article I, section 8 of the Constitution. Professor Steinzor argues that reliance on the Commerce Clause can support next generation proposals, including a National Environmental Legacy Act proposed by Professor Alyson Flournoy, which would require that any action on federal land involving the consumption or destruction of resources must be sustainable, as well as pending climate change legislation. But, Steinzor says, a far more desirable constitutional foundation for such laws is the General Welfare Clause found …

A Comparison Of Term Clusters For Tokenized Words Collected From Controlled Vocabularies, User Keyword Searches, And Online Documents, Elaine Maytag Nowick, Daryl Travnicek, Kent M. Eskridge, Stephen Stein

Library Philosophy and Practice (e-journal)

Tokenized word terms were collected from three sources: controlled vocabulary headings, user keyword searches, and html documents all dealing with issues in water quality. Distances were calculated between word pairs using the Jacquard formula. Distances from the three sources were compared using Spearman rank correlations and clusters were calculated on distances transformed for non-normality using the SAS pseudo-centroid method. Word pair distances from controlled vocabularies were more closely correlated to keyword searches than document distances were to users’ keywords. The mean distance of controlled vocabularies was also closer to that of users. Clusters produced from the three sources were most …

Characterization Of The Effects Of The Human Head On Communication With Implanted Antennas, Michael A. Pecoraro

Theses

Cranially implanted sensors and electrodes have been used in practice for several years; their applications range from the recording of neural signals for use in Brain-Computer Interfaces to help the disabled, to the treatment of diseases and conditions ranging from Parkinson's disease, multiple sclerosis, depression, etc. Current communication methods with implants, however, are lacking; they run the gamut from physical, percutaneous connections that increase the risk of infection, to wireless links that are slow and uncomfortable for patients. The present work focuses on the characterization of the effects of the human head on communication with cranially implanted antennas for its …

Business Planning For New Ventures, Mike Roer, Benoit Boyer, Ken Kollmeyer, Matthew Smith

WCBT Faculty Publications

Table of contents:

Assessing Entrepreneurial Aptitude -- Identifying Sources of Capital -- Selecting a Legal Structure -- Preparing the Business Plan -- Presenting the Plan to Capital Providers -- Glossary.

Sects' Offenders: The Inefficacy Of Sex Offender Residency Laws And Their Burdens On The Free Exercise Of Religion, Amol N. Sinha

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A Fourth Circuit Photograph, Carl W. Tobias

Law Faculty Publications

The Commission on Structural Alternatives for the Federal Courts of Appeals issued a report and proposals after carefully evaluating the appellate system for a year, while the data have minimally changed since the report's issuance. The Commission's principal focus was the Ninth Circuit, as Congress had instructed, yet the Commission assembled much useful information on each circuit court of appeals and found that all operate efficaciously. Because how the Fourth Circuit addresses a large docket is critical to appellate justice, the Commission's analysis of the tribunal and the court itself merit scrutiny, which this Article undertakes.

Part I of this …

Individual, Behavioural And Environmental Pathways To Adolescent Obesity, Paola Teresa Chivers

Theses

The longitudinal investigations of the contributions of obesogenic variables to developmental pathways of adolescent obesity were examined. Key obesogenic variables were examined from the extensive database of the Western Australian Pregnancy Cohort (Raine) Study. The data set included variables collected in utero (18-20 weeks), at birth, and at ages 1, 2, 3, 6, 8, 10, and 14 years.

The key research question was: How do individual, behavioural and environmental factors in childhood contribute to weight status at early adolescence? Investigation of this key question examined how factors change over time and their respective influence on obesity, identified critical points in …

Other-Centred Love: Diotima’S Lesson To Socrates, Colin A. Redmond

Theses

In this thesis I set out to determine the possible motivations in response to which Diotima agreed to teach Socrates the arts of love. In the process I develop a broader understanding of Diotima and her natural, feminine complexity. This understanding of Diotima suggests an interpretation of her teaching to show that, for all that can be said of love it is, importantly a re-orientation from self-centred interest to other-centred interest and it is this re-orientation which impacted on Socrates and by which he was persuaded.

Such an impact and its explanation offers a clear rationale for the changes which …

Racism And Biopower, Ladelle Mcwhorter

Philosophy Faculty Publications

While ignorance, or at least a lack of clear and distinct experience, does not seem to have stopped our predecessors from philosophizing about all manner of things from matter to immortal souls, in the latter half of the twentieth century North American philosophers became increasingly timid about advancing propositions based primarily not on logic informed by material evidence but on intuition, creative imagination, and passionate desire. By the 1960s our generation's teachers and mentors, perhaps battered by the McCarthy years or humbled by the dazzling successes of their colleagues in the "hard" sciences, had redrawn the disciplinary boundaries tightly enough …

Racism, Eugenics, And Ernst Mayr’S Account Of Species, Ladelle Mcwhorter

Philosophy Faculty Publications

At his death at age one hundred in 2005, Ernst Mayr was hailed as the greatest evolutionary biologist of the twentieth century. His definition of species, published in 1942 in Systematics and the Origin of Species and known as the “biological species concept,” is familiar to every tenth grader: “Species are groups of interbreeding natural populations that are reproductively isolated from other such groups.” That definition, together with Mayr’s and Theodosius Dobzhansky’s theory of speciation, enabled the integration of modern genetics and Darwinian evolutionary theory. In this paper I will argue that it imported racism into the heart of modern …

The Sources Of International Law: Some Philosophical Reflections, David Lefkowitz

Philosophy Faculty Publications

It seems only natural to begin the study of international law with a description of its sources. After all, whether as practitioner or scholar a person cannot begin to ask or answer questions about international law until he or she has some sense of what the law is. This requires in turn a basic grasp of the processes whereby international legal norms and regimes come to exist. Thus students of international law must engage immediately with some of the most basic questions in the philosophy of law: what is law, and what is a legal order or system.

These questions …

Dopamine Modulates The Lateral Giant Neuron And Serotonergic Facilitation In Crayfish, Joshua Scott Titlow

Theses, Dissertations and Capstones

The lateral giant (LG) neural circuit is a model system used to study the function of individual neurons. The LG circuit is part of a tail flip escape reflex that is a defensive behavior for crayfish. This thesis begins by addressing the effects of dopamine (DA), a neurotransmitter involved in normal and abnormal behaviors of most animals. Here it is shown that dopamine decreases the excitability of the LG neuron, a trigger for the escape reflex. An electrophysiology protocol was used to mimic sensory input to the LG neuron. Stimulating a sensory nerve in the last ganglion with an electrode …

Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reconciling Fair Use And Trademark Use, Margreth Barrett

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Almost Famous: Preventing Username-Squatting On Social Networking Websites, Zorik Pesochinsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Horticulture Of Ribes, K. E. Hummer, A. Dale

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The genus Ribes L., known as currants and gooseberries, contains more than 150 diverse species indigenous throughout the northern hemisphere and along the Rocky Mountain, Sierra Nevada and Sierra Madres in North America through mountain ranges of Central America to the Andes in South America. Beginning in the 1400s, four main crop types, black currants (Ribes, subgenus: Ribes, section: Botrycarpum), red and white currants (Ribes, subgenus: Ribes, section: Ribes) and gooseberries (Ribes, subgenus: Grossularia) were domesticated from European species. American and Eurasian species were selected and combined into …

Comparison Of Percent Hatch And Fungal Infestation In Channel Catfish Eggs After Copper Sulfate, Diquat Bromide, Formalin, And Hydrogen Peroxide Treatment, Andrew J. Mitchell, David L. Straus, Bradley Farmer, Ray Carter

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Reduced survival of fish eggs is often a result of infestation with fungi Saprolegnia spp. However, timely chemical treatments often limit these infestations and increase survival. The effect of copper sulfate pentahydrate (CSP; 10 mg of CSP/L of water), diquat bromide (25 mg of diquat cation/L), formalin (433 mg/L), and hydrogen peroxide (H₂O₂; 250 mg/L) on percent hatch and fungal infestation in eggs of channel catfish Ictalurus punctatus was compared in two identical trials (five replicates for each chemical treatment per trial). The percent hatch in all chemical treatments was significantly better than percent hatch of …

Role Of The Oviduct In Maintaining Sustained Fertility In Hens, M. R. Bakst

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

In poultry, sperm transferred by natural mating or AI into the distal end of the vagina immediately begin their ascent to the utero-vaginal junction (UVJ) at the anterior end of the vagina. However, due to an intense selection process in the vagina, less than 1% of the sperm transferred actually reach the UVJ. Those sperm that do reach the UVJ enter numerous tubular invaginations of the vagina’s surface epithelium located in the UVJ mucosa, collectively referred to as the sperm-storage tubules (SST). Sperm residing in the SST lumen are capable of surviving up to several weeks while retaining their fertilizing …

Restoration Of Spermatogenesis After Transplantation Of C-Kit Positive Testicular Cells In The Fowl, Pavel Trefil, Murray R. Bakst, Haifen Yan, Jiří Hejnar, Jiří Kalina, Jitka Mucksová

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Transplantation of male germ line cells into sterilized recipients has been used in mammals for conventional breeding as well as for transgenesis. We have previously adapted this approach for the domestic chicken and we present now an improvement of the germ cell transplantation technique by using an enriched subpopulation of c-Kit-positive spermatogonia as donor cells. Dispersed c-Kit positive testicular cells from 16 to 17 week-old pubertal donors were transplanted by injection directly into the testes of recipient males sterilized by repeated gamma irradiation. We describe the repopulation of the recipient’s testes with c-Kit positive donor testicular cells, which resulted in …

Proteomic Analysis Of The Major Cellular Proteins Of Bovine Trophectoderm Cell Lines Derived From Ivp, Parthenogenetic And Nuclear Transfer Embryos: Reduced Expression Of Annexins I And Ii In Nuclear Transfer-Derived Cell Lines, Neil C. Talbot, Anne M. Powell, Thomas J. Caperna, Wesley M. Garrett

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Trophectoderm cell lines were established from 8-day in vitro-cultured embryos of cattle derived from fertilization (IVF), somatic cell nuclear transfer (NT), or parthenogenetic activation (P) of in vitro-matured oocytes and from five 8-day-old in vivo (V) embryos. The most abundant cellular proteins of 5 V-, 16 NT-, 12 P-, and 16 IVF-derived cell lines were compared by 2D-gel electrophoresis and mass spectrometry; that is, the unaltered thiourea/urea extract of each cell culture was analyzed. Common protein spots (n = 118) were examined, and 95% were identified with significant scores from protein and gene database searches. Of the proteins …

A Computer Model For Simulating Population Development Of The Indianmeal Moth (Lepidoptera: Pyralidae) In Stored Corn, James E. Throne, Richard T. Arbogast

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The Indianmeal moth, Plodia interpunctella (Hu¨bner) (Lepidoptera: Pyralidae), is a common pest of stored corn, Zea mays L. We developed a computer model to simulate population development of the Indianmeal moth in stored corn by using previously published data describing immature developmental times and survivorship, and adult longevity and fecundity. The model accurately simulated population development of Indianmeal moths in corn stored during fall and into winter of three separate storage seasons in South Carolina. This is the period when the Indianmeal moth is a pest in stored corn in South Carolina. The model predicted that populations would increase after …

Blackboard Jungle: Delinquency, Desegregation, And The Cultural Politics Of Brown, Anders Walker

All Faculty Scholarship

In 1955, Metro-Goldwyn-Mayer released a controversial film about juvenile delinquency entitled Blackboard Jungle. Georgia Governor Ernest Vandiver subsequently used the film as a metaphor for what would happen to southern schools were Brown v. Board of Education enforced, marking the beginnings of a much larger campaign to re-articulate southern resistance to integration in popular terms. Taking the intersection between discourses of delinquency and desegregation at mid-century as a starting point, this article advances three claims. One, the NAACP’s reliance on sociological evidence in Brown was a strategic attempt to align black interests with concerns over child development popular at the …

Iron-Sparing Response Of Mycobacterium Avium Subsp. Paratuberculosis Is Strain Dependent, Harish K. Janagama, 1,6, John Bannantine, Abirami Kugadas, Pratik Jagtap, Leeann Higgins, Bruce A. Witthuhn, Suelee Robbe-Austerman

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Background: Two genotypically and microbiologically distinct strains of Mycobacterium avium subsp. paratuberculosis (MAP) exist - S and C MAP strains that primarily infect sheep and cattle, respectively. Concentration of iron in the cultivation medium has been suggested as one contributing factor for the observed microbiologic differences. We recently demonstrated that S strains have defective iron storage systems, leading us to propose that these strains might experience iron toxicity when excess iron is provided in the medium. To test this hypothesis, we carried out transcriptional and proteomic profiling of these MAP strains under iron-replete or -deplete conditions.

Results: We first complemented …

Association Analysis Of Prnp Gene Region With Chronic Wasting Disease In Rocky Mountain Elk, Stephen N. White, Terry R. Spraker, James O. Reynolds, Katherine I. O’Rourke

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Background: Chronic wasting disease (CWD) is a transmissible spongiform encephalopathy (TSE) of cervids including white-tailed (Odocoileus virginianus) and mule deer (Odocoileus hemionus), Rocky Mountain elk (Cervus elaphus nelsoni), and moose (Alces alces). A leucine variant at position 132 (132L) in prion protein of Rocky Mountain elk confers a long incubation time with CWD, but not complete resistance. However, variants in regulatory regions outside the open reading frame of PRNP have been associated with varying degrees of susceptibility to prion disease in other species, and some variants have been observed in similar …

Educational Technology Research Past And Present: Balancing Rigor And Relevance To Impact School Learning, Steven M. Ross, Gary R. Morrison, Deborah L. Lowther

STEMPS Faculty Publications

Today, the exponential growth of technology usage in education, via such applications of distance education, Internet access, simulations, and educational games, has raised substantially the focus and importance of educational technology research. In this paper, we examine the past and present research trends, with emphasis on the role and contribution of research evidence for informing instructional practices and policies to improve learning in schools. Specific topics addressed include: (a) varied conceptions of “effective” technology uses in classroom instruction as topics for research, (b) historical trends in research approaches and topics of inquiry; (c) alternative research designs for balancing internal (rigor) …