Digital Commons Network^™

Judicial Elections As Popular Constitutionalism, David E. Pozen

Faculty Scholarship

One of the most important recent developments in American legal theory is the burgeoning interest in "popular constitutionalism." One of the most important features of the American legal system is the selection of state judges – judges who resolve thousands of state and federal constitutional questions each year – by popular election. Although a large literature addresses each of these subjects, scholarship has rarely bridged the two. Hardly anyone has evaluated judicial elections in light of popular constitutionalism, or vice versa.

This Article undertakes that thought experiment. Conceptualizing judicial elections as instruments of popular constitutionalism, the Article aims to show, …

Sticky Intuitions And The Future Of Sexual Orientation Discrimination, Suzanne B. Goldberg

Faculty Scholarship

As once-accepted empirical justifications for discriminating against lesbians and gay men have fallen away, the major stumbling block to equality lies in a set of intuitions, impulses, and so-called common sense views regarding sexual orientation and gender. This Article takes up these impulses and views, which I characterize as "sticky intuitions," to consider both their sustained influence and the prospects for their destabilization. In this effort, I first offer a framework for locating the intuitions' work within contemporary doctrine, culture, and politics. I then advance an extended typology of the intuitions themselves, drawing from case law, scholarly literature, and public …

Activating Systemic Change Toward Full Participation: The Pivotal Role Of Boundary Spanning Institutional Intermediaries, Susan Sturm

Faculty Scholarship

Racial and social justice advocacy is in an era of transition. Race continues to permeate people's lives and to structure the social and economic hierarchy, but often in complicated ways that elude bright line categories. Disparities frequently result from cognitive bias, unequal access to opportunity networks, and other structural dynamics, rather than from intentional exclusion. For example, disparities in access to higher education persist as a result of differences in access, information, resources, networks, and evaluation, which give rise to achievement differentials at each critical turning point affecting successful advancement. These differences accumulate to produce substantial disparities in college participation …

Use Of An Observational Coding System With Families Of Adolescents: Psychometric Properties Among Pediatric And Healthy Populations, Astrida S. Kaugars, Kathy Zebracki, Jessica C. Kichler, Christopher J. Fitzgerald, Rachel Neff Greenley, Ramin Alemzadeh, Grayson N. Holmbeck

Psychology Faculty Research and Publications

Objective: To examine reliability and validity data for the Family Interaction Macro-coding System (FIMS) with adolescents with spina bifida (SB), adolescents with type 1 diabetes mellitus (T1DM), and healthy adolescents and their families.
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/="/">Methods: Sixty-eight families of children with SB, 58 families of adolescents with T1DM, and 68 families in a healthy comparison group completed family interaction tasks and self-report questionnaires. Trained coders rated family interactions using the FIMS.
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/="/">Results: Acceptable interrater and scale reliabilities were obtained for FIMS items and subscales. Observed FIMS parental acceptance, parental behavioral control, parental psychological control, family …

Evaluation Context Impacts Neuropsychological Performance Of Oef/Oif Veterans With Reported Combat-Related Concussion, Nathaniel W. Nelson, James B. Hoelzle, Kathryn A. Mcguire, Amanda G. Ferrier-Auerbach, Molly J. Charlesworth, Scott R. Sponheim

Psychology Faculty Research and Publications

Although soldiers of Operations Iraqi Freedom (OIF) and Enduring Freedom (OEF) encounter combat-related concussion at an unprecedented rate, relatively few studies have examined how evaluation context, insufficient effort, and concussion history impact neuropsychological performances in the years following injury. The current study explores these issues in a sample of 119 U.S. veterans (OEF/OIF forensic concussion, n = 24; non-OEF/OIF forensic concussion, n = 20; OEF/OIF research concussion, n = 38; OEF/OIF research without concussion, n = 37). The OEF/OIF forensic concussion group exhibited significantly higher rates of insufficient effort relative to the OEF/OIF research concussion group, but a comparable rate …

Organizational Capacity And Progress Plateaus In The Flight Training Environment, Michael J. Wetmore, Brett Jackman, James F. Savard

Journal of Aviation/Aerospace Education & Research

Capacity is the ability of an organization to achieve its overall mission and satisfy stakeholder expectations. Stakeholders in a flight training organization include the owners and/or their representatives, flight school managers, instructor pilots, and the student pilots. This study was an examination of the organizational capacity of student pilots through a progress plateau theoretical lens using a mixed methodological approach and participants from a collegiate aviation program. Student pilot progress plateaus were found to have an adverse unrealized capacity consequence for the stakeholders in the organization. Recommendations to improve organizational capacity include the identification of progress plateaus utilizing flight training …

Mitigating Online Survey Nonresponse Error In Aviation Research, David Carl Ison

Journal of Aviation/Aerospace Education & Research

As aviation researchers increasingly rely on online and email based methods of inquiry, it has become ever more necessary to identify the best practices in avoiding the blockage of research-oriented emails by spam filtration software. This study investigated the available literature on the use of email to distribute research surveys. Although data was available on how to and why to conduct research online, the literature lacked information on potential problems associated with the use of email in the conduct of such research. Evidence on how to avoid spam filtration was provided by the ex post facto findings of a study …

The Impact Of Reading First On Reading Achievement Scores In A Midwestern Elementary School, Julie Thomas

Dissertations and Theses @ UNI

Schools are facing tremendous pressure to demonstrate student proficiency through reading achievement scores. The recommendations from the report from the National Reading Panel (NICHD, 2000) concluded that fluency and comprehension are two of five essential areas in reading instruction. The principles of Reading First programs are based on the findings of the National Reading Panel. Many schools across the nation have received Reading First funds with the intent of increasing reading achievement scores. Federal Reading First funding is provided to school districts that meet state requirements for eligibility. This funding is provided to districts to assist schools in assessing reading …

Library Annual Report

Library Annual Reports

No abstract provided.

The Role Of Fat Mass Index In Determining Obesity, Gerson Peltz, Maria Teresa Aguirre, Maureen Sanderson, Mary K. Fadden

Health & Biomedical Sciences Faculty Publications

Objectives: The objective of this study is to compare body mass index (BMI), percent body fat (PBF), and fat mass index (FMI) and to investigate the accuracy of FMI as a convenient tool for assessing obesity.

Design: Anthropometric measurements and bioelectrical impedance analyses were performed on 538 Mexican Americans (373 women and 165 men). Correlations between BMI and PBF and between FMI and PBF were investigated. The percentage of persons misclassified as obese using different classifications was calculated. Multiple linear regression analysis was performed to generate predictive models of FMI for males and females separately.

Results: BMI and PBF were …

Impact Of Dietary Diversification On Invasive Slugs And Biological Control With Notes On Slug Species Of Kentucky, Anna K. Thomas

University of Kentucky Master's Theses

Increasing introductions of non-native terrestrial slugs (Mollusca: Gastropoda) are a concern to North American regulatory agencies as these generalists impact the yield and reduce the aesthetic value of crop plants. Understanding how the increase in diversification in North American cropping systems affects non-native gastropods and finding effective biological control options are imperative for pest management; however, little research has been done in this area. This study tested the hypothesis that dietary diversification affects the biological control capacity of a generalist predator and allows the slug pest Deroceras reticulatum (Müller) (Stylommatophora: Agriolimacidae) to more effectively fulfill its nutritional requirements. Results showed …

Time-Dependence Of Distal-To-Proximal Hippocampal Neurodegeneration Produced By N-Methyl-D-Aspartate Receptor Activation, Jennifer Nicole Berry

University of Kentucky Master's Theses

Excitotoxicity is the overexcitation of neurons due to the excessive activation of excitatory amino acid receptors and is thought to be involved in many neurodegenerative states. The manner in which the neuron breaks down during excitotoxicity is still unclear. The current study used the organotypic hippocampal slice culture model to examine the time-dependent loss of the synaptic vesicular protein synaptophysin and the loss of N-methyl-D-aspartate (NMDA) receptor NR1 subunit availability following an excitotoxic insult (20 μM NMDA) to provide a better understanding of the topographical nature of neuronal death following NMDA receptor activation. Significant NMDA-induced cytotoxicity in the CA1 …

Feasibility Of Using 15N-Enriched Escherichia Coli As A Bacterial Tracer In The Cane Run/Royal Spring Basin, Kentucky, John G. Warden

University of Kentucky Master's Theses

A novel tracer method has used ¹⁵N to label Escherichia coli and track the transport of bacteria, a common contaminant, through karst aquifers. Use of this method could provide valuable insight into the movement of bacteria in aquifers, which would help improve remediation methods and strategies. A wild strain of E. coli was isolated from the Cane Run/Royal Spring basin in the Inner Bluegrass region of Kentucky. The strain was serotyped O^-:H^- and virulence testing showed the strain did not have virulence factors of E. coli commonly pathogenic to humans. Five karst microcosms were filled with …

A Delay-Discounting Primer, Gregory J. Madden, Patrick S. Johnson

Psychology Faculty Publications

Given the importance of research findings and the potential of further research to aid in the prediction and control of impulsivity, the primary focus of this chapter (and this book) is on choice and the failure of future events to affect current decisions. In this primer chapter, we consider two types of impulsive choice: (a) preferring a smaller-sooner reward while forgoing a larger-later one and (b) preferring a larger-later aversive outcome over a smaller-sooner one. The first of these is exemplified by the toy-pilfering child with whom we opened this chapter. Taking the toy is immediately rewarded, but it is …

Discounting And Pathological Gambling, Nancy M. Petry, Gregory J. Madden

Psychology Faculty Publications

Pathological gambling is a disorder characterized by excessive gambling. It often occurs in conjunction with substance use disorders, and research is beginning to examine the association between these disorders, especially with regard to impulsivity and discounting. In this chapter, we initially review the diagnosis and prevalence rates of pathological gambling, including its comorbidity with substance use disorders. We then describe relations between personality measures of impulsivity and pathological gambling. Gamblers' patterns of choices on the Iowa Gambling Task (IGT) and measures of delay and probability discounting are covered in depth, and we discuss the degree to which these choices are …

Citizenship In The Humanities And Social Sciences: A Selective Bibliography, 2000-2009, Wayne State University School Of Library And Information Science, Winter 2010 Lis 7160, James E. Van Loon, H.G.B. Anghelescu

School of Information Sciences Faculty Research Publications

Citizenship in the Humanities and Social Sciences is a selective bibliography consisting of citations to works published during the years 2000-2009 on citizenship-related topics in the humanities and social sciences. Primarily consisting of books/chapters and scholarly journal articles, the bibliography also includes other materials (case studies, reports, dissertations, and working papers) for which scholarship, authority and relevance have been established. Most cited works are published in the English language, although articles published in other languages using a Latin alphabet are also included. Citations were retrieved during January-March 2010 from a variety of aggregated databases accessed through the Wayne State University …

Lessons Learned While Conducting Educational Program Assessment, Olivia Rivas, Irma S. Jones, Eli E. Pena

Teaching and Learning Faculty Publications

Assessment, accountability, and strategic planning are all processes that are included in accreditation for colleges and universities. For most colleges and universities, starting the reaffirmation process means identifying current assessment practices and reports from academic units and programs. This paper discusses the lessons learned during a successful completion of the reaffirmation process with a regional accreditation entity. The authors will present a model that includes an understanding of strategic planning, inclusion of faculty at all levels and affirms continuous learning and involvement in a dynamic process. Also included in the paper are additional tips and observations found useful by the …

Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

The question of how lawmakers should respond to developmental differences between adolescents and adults in formulating juvenile crime policy has been the subject of debate for a generation. A theme of the punitive law reforms that dismantled the traditional juvenile justice system in the 1980s and 1990s was that adolescents were not different from adults in any way that was relevant to criminal punishment – or at least that any differences were trumped by the demands of public safety. But this view has been challenged in recent years; scholars and courts have recognized that adolescents, due to their developmental immaturity, …

Implications Of The Internet For Quasi-Legislative Instruments Of Regulation, Peter L. Strauss

Faculty Scholarship

It is a quarter century since I began telling my Administrative Law students that they had better be watching the Internet and how agencies of interest to them were using it, as they entered an Information Age career. The changes since then have been remarkable. Rulemaking, where the pace has perhaps been slowest, is now accelerating into the Internet, driven by a President committed to openness and consultation. This paper seeks little more than to point the reader toward the places where she can find the changes and watch them for herself.

Delegation And Judicial Review, Thomas W. Merrill

Faculty Scholarship

One of the subthemes in the delegation debate concerns the importance of judicial review. The Supreme Court has often upheld broad delegations to administrative actors and in so doing has pointed out that judicial review is available to safeguard citizens from the abuse of unconstrained government power. Broad delegations of power to executive actors are constitutionally permissible, the Court has suggested, in significant part because courts stand ready to assure citizens that the executive will discharge its discretion in a manner consistent with Congress's mandate and in a fashion that otherwise satisfies the requirements of reasoned decision making.

Administrative law …

New Governance Anxieties: A Deweyan Response, William H. Simon

Faculty Scholarship

Most participants in the Symposium on New Governance and the Transformation of Law found the "new governance" phenomenon attractive and important, but as David and Louise Trubek note, they were not entirely comfortable with it.

One anxiety concerned the difficulty of defining the phenomenon and situating it in the universe of familiar political ideas and institutions. The term gets applied to a variety of institutions. To some people, these institutions do not fit snugly into any familiar political categories. To others, they bear a suspicious resemblance to categories that no longer inspire optimism – for example, Romantic communitarianism, corporatism, or …

Legislation That Isn't – Attending To Rulemaking's "Democracy Deficit", Peter L. Strauss

Faculty Scholarship

Philip Frickey's commitment to practical legal studies won my admiration early on in his career. In this welcome celebration of his extraordinary career, it seems fitting to essay something "practical" – to attempt a constructive approach to an enduring problem – that has some bearing on his lifelong attention to the problem of "interpretation." If it will not make the problem go away, perhaps it will provide a basis for understanding its inevitable tensions, and in that way will help us step past theoretical exegeses suggesting the possibility of simple answers.

Saving Up For Bankruptcy, Ronald J. Mann, Katherine Porter

Faculty Scholarship

Bankruptcy is a numbers game. Policymaking, public perception, and the scholarly literature are captivated with the number of annual bankruptcy filings, which hit one million in 2008. The number of annual bankruptcy filings has become a barometer of economic health, reflecting an implicit assumption that bankruptcy is a useful proxy for financial distress.

But at the level of the individual family, the causative relation between financial distress and bankruptcy filings is unclear. On the one hand, only a fraction of those in serious financial distress will ever file for bankruptcy. For example, a study by Michelle White examined a group …

Eve Sedgwick, Civil Rights, And Perversion, Katherine M. Franke

Faculty Scholarship

It is hard to imagine where queer theory would be without Eve Sedgwick. Indeed, I can't imagine where my own thinking would be had it not been informed, enriched, challenged, repulsed, and seduced by Sedgwick's writing. Between Men: English Literature and Male Homosocial Desire and The Epistemology of the Closet, the early work, gave me the tools to think about the fundamental landscapes of my intellectual world in ways that decoupled and reconfigured the binaries of male/ female, heterosexual/homosexual, friend/lover, and public/private. Sedgwick gave us the idea of homosociality and a critique of identity and identification that exploded the …

Choice Of Law And Employee Restrictive Covenants: An American Perspective, Gillian Lester, Elizabeth Ryan

Faculty Scholarship

Employees are increasingly mobile across state lines. This is partly the result of technological change facilitating individual movement and communication, but also a result of corresponding changes in corporate organization to establish offices and interests in multiple jurisdictions. With these developments, there has been a rise in litigation surrounding the enforcement of employee covenants not to compete when the parties or issues involved have connections to multiple jurisdictions. The emerging body of law intrigues and confounds lawyers and commentators because of its complexity and unpredictability. This essay is an effort to describe recent legal developments in the United States, situating …

Nir Dyes For Bioimaging Applications, Jorge O. Escobedo, Oleksandr Rusin, Soojin Lim, Robert M. Strongin

Chemistry Faculty Publications and Presentations

Fluorescent dyes based on small organic molecules that function in the near infra red (NIR) region are of great current interest in chemical biology. They allow for imaging with minimal autofluorescence from biological samples, reduced light scattering and high tissue penetration. Herein, examples of ongoing NIR fluorophore design strategies as well as their properties and anticipated applications relevant to the bioimaging are presented.

Comparison Of In Situ And Columnar Aerosol Spectral Measurements During Texaqs-Gomaccs 2006: Testing Parameterizations For Estimating Aerosol Fine Mode Properties, Dean B. Atkinson, Paola Massoli, Norman T. O'Neill, Patricia K. Quinn, Sarah D. Brooks, Barry Lefer

Chemistry Faculty Publications and Presentations

During the 2006 Texas Air Quality Study and Gulf of Mexico Atmospheric Composition and Climate Study (TexAQS-GoMACCS 2006), the optical, chemical and microphysical properties of atmospheric aerosols were measured on multiple mobile platforms and at ground based stations. In situ measurements of the aerosol light extinction coefficient (σep) were performed by two multi-wavelength cavity ring-down (CRD) instruments, one located on board the NOAA R/V Ronald H. Brown (RHB) and the other located at the University of Houston, Moody Tower (UHMT). An AERONET sunphotometer was also located at the UHMT to measure the columnar aerosol optical depth (AOD). The σep data …

Examination Of Crawford V. Marion County Election Board: Photo Identification Requirements Make The Fundamental Right To Vote Far From Picture Perfect, Abigail A. Howell

South Dakota Law Review

No abstract provided.

The Clearest Command Of The Establishment Clause: Denominational Preferences, Religious Liberty, And Public Scholarships That Classify Religions, Richard F. Duncan

South Dakota Law Review

No abstract provided.

Free Exercise Of Religion: A Pragmatic And Comparative Perspective, Mark S. Kende

South Dakota Law Review

No abstract provided.