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2010

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Legislation That Isn't – Attending To Rulemaking's "Democracy Deficit", Peter L. Strauss Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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

South Dakota Law Review

No abstract provided.


Liberty Lost: The Moral Case For Marijuana Law Reform, Eva Nilsen Jan 2010

Liberty Lost: The Moral Case For Marijuana Law Reform, Eva Nilsen

Faculty Scholarship

Marijuana policy analyses typically focus on the relative costs and benefits of present policy and its feasible alternatives. This Essay addresses a prior, threshold issue: whether marijuana criminal laws abridge fundamental individual rights, and if so, whether there are grounds that justify doing so. Over 700, 000 people are arrested annually for simple marijuana possession, a small but significant proportion of the 100 million Americans who have committed the same crime. In this Essay, we present a civil libertarian case for repealing marijuana possession laws. We put forward two arguments corresponding to the two distinct liberty concerns implicated by laws …


Rescuing Jerry From (Basic) Principles, Joseph Raz Jan 2010

Rescuing Jerry From (Basic) Principles, Joseph Raz

Faculty Scholarship

I will say something on two or three related but distinct topics. First, something on the grounding of normative beliefs, a topic – as I see it – in moral epistemology, and then after a brief remark on explanation, something against a certain understanding of basic principles. My observations were prompted by reflection on Jerry’s desire to rescue justice from the facts.


The Population Of Sap And Tsap Isomers In Cyclen-Based Lanthanide(Iii) Chelates Is Substantially Affected By Solvent, Kyle J. Miller, Ali A. Saherwala, Benjamin C. Webber, Yunkou Wu, A. Dean Sherry, Mark Woods Jan 2010

The Population Of Sap And Tsap Isomers In Cyclen-Based Lanthanide(Iii) Chelates Is Substantially Affected By Solvent, Kyle J. Miller, Ali A. Saherwala, Benjamin C. Webber, Yunkou Wu, A. Dean Sherry, Mark Woods

Chemistry Faculty Publications and Presentations

The square antiprism/twisted square antiprism ratio in LnDOTA-tetraamide chelates is a critical parameter in governing water-exchange kinetics and ultimately the utility of a chelate as a PARACEST MRI contrast agent. In LnDOTA-tetraamide chelates with tertiary amides, this ratio and the rate of interconversion between these two structural isomers are found to be dramatically dependent upon the solvent and possibly other local environmental factors.


Polymeric Paracest Mri Contrast Agents As Potential Reporters For Gene Therapy, Yunkou Wu, Christiane E. Carney, Michael Denton, Elaine Hart, Piyu Zhao, Daniel N. Streblow, A. Dean Sherry, Mark Woods Jan 2010

Polymeric Paracest Mri Contrast Agents As Potential Reporters For Gene Therapy, Yunkou Wu, Christiane E. Carney, Michael Denton, Elaine Hart, Piyu Zhao, Daniel N. Streblow, A. Dean Sherry, Mark Woods

Chemistry Faculty Publications and Presentations

Gene therapy is a potentially powerful treatment approach that targets molecular remedies for disease. Among other challenges it remains difficult to monitor gene delivery and its downstream metabolic consequences. Approaches to MRI gene reporters have been reported but few have the potential for translation beyond isolated cell systems. Herein, we report a polycationic polymer MRI contrast agent that binds to DNA in a ratio of one monomer unit per phosphate group of DNA. Significantly, this binding event diminishes the MR contrast signal from the agent itself potentially providing a platform for imaging delivery and release of a gene into cells …


Cest And Paracest Mr Contrast Agents, Ileana Hancu, W. Thomas Dixon, Mark Woods, Elena Vinogradov, A. Dean Sherry, Robert E. Lenkinski Jan 2010

Cest And Paracest Mr Contrast Agents, Ileana Hancu, W. Thomas Dixon, Mark Woods, Elena Vinogradov, A. Dean Sherry, Robert E. Lenkinski

Chemistry Faculty Publications and Presentations

In this review we describe the status of development for a new class of magnetic resonance (MR) contrast agents, based on chemical exchange saturation transfer (CEST). The mathematics and physics relevant to the description of the CEST effect in MR are presented in an appendix published in the online version only. We discuss the issues arising when translating in vitro results obtained with CEST agents to using these MR agents in in vivo model studies and in humans. Examples are given on how these agents are imaged in vivo. We summarize the status of development of these CEST agents, and …


Human Rights Without Foundations, Joseph Raz Jan 2010

Human Rights Without Foundations, Joseph Raz

Faculty Scholarship

This is a good time for human rights. Not that they are respected more than in the past. The flagrant resort to kidnapping, arbitrary arrests, and torture by the United States of America (USA), and the unprecedented restriction of individual freedom in the USA, and in Great Britain (GB), cast doubt about that. It is a good time for human rights in that claims about such rights are used more widely in the conduct of world affairs than before. There are declarations of and treaties about human rights, international courts and tribunals with jurisdiction over various human right violations. They …


Testing The Selective Chivalry Theory In Iowa : Gender Sentencing Of Rural Property Offenders, Maria Dorothy Herring Koeppel Jan 2010

Testing The Selective Chivalry Theory In Iowa : Gender Sentencing Of Rural Property Offenders, Maria Dorothy Herring Koeppel

Dissertations and Theses @ UNI

During recent decades, sentencing patterns of offenders based on gender have been the topic of criminological and sociological research. There has been particular attention given to the lenient sentencing of female offenders compared to male offenders. Several research studies have found that gender affects the sentencing process in ways that are advantageous to female offenders, such as lower incarceration rates and shorter prison sentences. Despite the existing research on gender and sentencing, there are still several specific areas that need to be studied regarding this topic, such as property crimes and rural areas. The current research adds to the existing …


Evaluation Of Solid-Phase Extraction Sorbent With Ketoimine Groups For The Preconcentration Of Benzene And Phenolic Compounds In Water, Iwona Rykowska, Wieslaw Wasiak Jan 2010

Evaluation Of Solid-Phase Extraction Sorbent With Ketoimine Groups For The Preconcentration Of Benzene And Phenolic Compounds In Water, Iwona Rykowska, Wieslaw Wasiak

Turkish Journal of Chemistry

The applicability of silica gel, modified with ketoimine groups, to solid phase extraction (SPE) was tested. Basic characteristics of the modified silica were determined using elemental analysis, and ^{29}Si CP MAS NMR spectroscopy, as well as measurement of specific surface area. Some applications of the sorbent studied to preconcentration and further determination of organic compounds, such as benzene, phenol, and o-chlorophenol, by means of solid-phase extraction (SPE) and gas chromatography are presented. The determined recovery rates were about 95%-98%.


Testing The Relationship Between Body Dysmorphic Disorder And Pathological Skin Picking Using A Bidimensional Model Of ‘Fear’ And ‘Anger', Nicole Christine Egan Jan 2010

Testing The Relationship Between Body Dysmorphic Disorder And Pathological Skin Picking Using A Bidimensional Model Of ‘Fear’ And ‘Anger', Nicole Christine Egan

Dissertations and Theses @ UNI

Body image concerns are pervasive throughout Western culture, but there is a subset of the population who become so preoccupied with specific aspects of their appearance that it leads to clinically significant distress and impairment in their daily lives. This study examined symptoms of two disorders dealing with body concerns: Body Dysmorphic Disorder (BDD) and Pathological Skin Picking (PSP). The primary purpose of this study was to use the bidimensional model of 'fear' and 'anger' (Lara et al., 2006) to test the relationship between BOD & PSP. The model suggests that BDD and PSP are both characterized by high 'anger' …


Osgoode Syllabus Of Courses And Seminars: 2010 - 2011, Office Of Student Services Jan 2010

Osgoode Syllabus Of Courses And Seminars: 2010 - 2011, Office Of Student Services

Syllabi

No abstract provided.


A Study Of Published Journal Articles On Brain-Based Learning From 1985 To 2009, Janece Shaffer Jan 2010

A Study Of Published Journal Articles On Brain-Based Learning From 1985 To 2009, Janece Shaffer

Dissertations and Theses @ UNI

Educators are required to implement scientifically-based research interventions in their classrooms, but teachers and administrators may not be aware of the current laws and requirements of NCLB legislation. NCLB (2001) requires that educators implement research-based interventions. Brain-based learning programs have been implemented in classrooms throughout the country, even though the research base for such programs may be inadequate. This study presents the results of educational database searches for empirical studies involving brain-based or brain-compatible learning published in educational journals between 1985 and 2009. A total of 77 articles on brain-based learning were published during this time period but only 5 …


Leisure: Definitions, Patterns, And Constraints: A Study Of University Students In China, Shisi Zhou Jan 2010

Leisure: Definitions, Patterns, And Constraints: A Study Of University Students In China, Shisi Zhou

Dissertations and Theses @ UNI

China has witnessed tremendous social transformation in the last three decades due to the introduction of the "open door" policy and economic reforms in the late 1970s, which has resulted in great changes in Chinese culture and identity considerations. University students, as one of the most energetic and creative groups of individuals in the society, are playing and will play an important role in leading leisure lifestyles in China in the future. The purpose of this study was to examine the understanding of leisure (xiuxian in Chinese), leisure patterns, and constraints among university students in China.

Undergraduate students (N = …


Development Of Embedded Modulated Scatterer Technique: Single- And Dual-Loaded Scatterers, Kristen M. Donnell Jan 2010

Development Of Embedded Modulated Scatterer Technique: Single- And Dual-Loaded Scatterers, Kristen M. Donnell

Doctoral Dissertations

"Health monitoring of infrastructure is an important ongoing issue. Therefore, it is important that a cost-effective and practical method for evaluating complex composite structures be developed. A promising microwave-based embedded sensor technology is developed based on the Modulated Scatterer Technique (MST). MST is based on illuminating a probe, commonly a dipole antenna loaded with a PIN diode (also referred to as a single-loaded scatterer, or SLS), with an electromagnetic wave. This impinging wave induces a current along the scatterer length, which causes a scattered field to be reradiated. Modulating the PIN diode also modulates the signal scattered by the probe, …


Solid Oxide Fuel Cell Electrode Characterization And Improvement For Fuel Flexibility And Supplemental Power Production, Isaiah D. Kellogg Jan 2010

Solid Oxide Fuel Cell Electrode Characterization And Improvement For Fuel Flexibility And Supplemental Power Production, Isaiah D. Kellogg

Doctoral Dissertations

"Solid oxide fuel cells (SOFC) were fabricated and the electrodes tested for their individual catalytic effectiveness in various fuels by exposing each electrode to mixed gas while the opposite electrode was exposed to its respective pure gas. Mixed hydrogen and oxygen gas was successfully utilized as fuel in a single chamber SOFC (SC-SOFC). The conditions at which the porous nickel-yttria-stabilized zirconia (Ni-YSZ) cermet anode performed well did not significantly overlap the conditions at which the La₀.₈Sr₀.₂Fe₀.₈Co₀.₂ oxide (LSCF) cathode performed well, but there was significant catalytic activity at both electrodes which increased the open circuit voltage (OCV) beyond that predicted …


Haart Drugs Induce Oxidative Stress And Mitochondrial Dysfunction In Blood-Brain Barrier, Kalyan Reddy Manda Jan 2010

Haart Drugs Induce Oxidative Stress And Mitochondrial Dysfunction In Blood-Brain Barrier, Kalyan Reddy Manda

Doctoral Dissertations

"The era of highly active antiretroviral therapy (HAART) has controlled AIDS and its related disorders considerably; however, the prevalence of HIV-1-associated neurocognitive disorders (HAND) has been on the rise in the post-HAART era. In view of these developments, we investigated whether a HAART drug combination of 3'-Azido-2', 3'-deoxythymidine (AZT) and Indinavir (IDV) can alter the functionality of the blood-brain barrier (BBB) endothelial cells, thereby exacerbating the condition. Viability of hCMEC/D3 cells (in vitro model of BBB) that were exposed to the drugs was significantly reduced after a 72 hr treatment, in a dose-dependent manner. Reactive oxygen species (ROS) were highly …


Sensor Data-Based Decision Making, Ahmet Soylemezoglu Jan 2010

Sensor Data-Based Decision Making, Ahmet Soylemezoglu

Doctoral Dissertations

"Increasing globalization and growing industrial system complexity has amplified the interest in the use of information provided by sensors as a means of improving overall manufacturing system performance and maintainability. However, utilization of sensors can only be effective if the real-time data can be integrated into the necessary business processes, such as production planning, scheduling and execution systems. This integration requires the development of intelligent decision making models that can effectively process the sensor data into information and suggest appropriate actions. To be able to improve the performance of a system, the health of the system also needs to be …


Molecular Effects Of Metolachlor Exposure On Human Cells, Sean Hartnett Jan 2010

Molecular Effects Of Metolachlor Exposure On Human Cells, Sean Hartnett

Dissertations and Theses @ UNI

Metolachlor is one of the most commonly used herbicides in the United States of America. Numerous studies have shown that exposure to this herbicide results in decreased cell proliferation, growth and reproductive ability in different organisms. However, pervious studies used high concentrations of metolachlor to see molecular effects. In the study presented here, we investigated the effects of metolachlor on human cells. Previous cell proliferation analysis from our laboratory has shown that metolachlor is capable of significantly inhibiting the growth of normal human fibroblasts and HepG2 cells at 1.6 parts per billion (ppb) and 50 ppb. We assessed cellular effects …


Psychometric Comparisons Of The Reasons For Living Inventory For Young Adults And The College Student Reasons For Living Inventory In A College Sample, Ashley A. Heck Jan 2010

Psychometric Comparisons Of The Reasons For Living Inventory For Young Adults And The College Student Reasons For Living Inventory In A College Sample, Ashley A. Heck

Dissertations and Theses @ UNI

The purpose of the present study was to examine and compare the psychometric properties of two self-report measures designed to assess suicide-related behaviors in college-age populations. Screening for suicidality is important to identify and support individuals who may be at risk for suicide-related behaviors (Joe & Bryant, 2007). Both the Reasons for Living Inventory for Young Adults (Osman, 1998) and the College Students Reasons for Living Inventory (Westefeld, Cardin, & Deaton, 1992) were developed to assess the reasons that young adults may have for refraining from self destructive acts. These measures were analyzed in terms of their factor structure and …


A Study Of Japanese Women Today: Changing Gender Roles And Attitudes Toward Marriage, Shiho Hosokawa Jan 2010

A Study Of Japanese Women Today: Changing Gender Roles And Attitudes Toward Marriage, Shiho Hosokawa

Dissertations and Theses @ UNI

Japanese women and men are getting married later in life than before and the number of Japanese choosing to live a single person's lifestyle has increased since the 1980's. In the 1970's, the number of women working outside the home was lower than now and most of those who did work, did so only to supplement their husband's income. Today, many Japanese women obtain college degrees and have a paid job, the same as men do. Yet, based on my personal experience and those of others I know, Japanese women often remain the primary caretakers in the home. They are …


Review Of Archives Power: Memory, Accountability, And Social Justice By Randall C. Jimerson, W. Bede Mitchell Jan 2010

Review Of Archives Power: Memory, Accountability, And Social Justice By Randall C. Jimerson, W. Bede Mitchell

University Libraries: Faculty Publications

This review was published in College and Research Libraries.


Understanding Corrosion Of Ni₃(Si,Nb) Alloys In Hot Sulfuric Acid, Jen-Hsien Hsu Jan 2010

Understanding Corrosion Of Ni₃(Si,Nb) Alloys In Hot Sulfuric Acid, Jen-Hsien Hsu

Doctoral Dissertations

"The Sulfur-Iodine thermochemical cycle has been proposed as a method for producing large quantities of hydrogen gas from water. However, the extreme operating environments involved limit the possible materials for construction.

Through proper heat treatment and composition control, the modified patented Ni₃(Si,Nb) alloy keeps high temperature strength to greater than 750⁰C and can be deformed by cold rolling more than 50% using multiple passes and intermediate anneals. The corrosion resistance is reproducible and maintains less than 5 mpy for a broad range of boiling sulfuric acid concentrations, including 70 wt%.

In the boiling 70 wt% sulfuric acid corrosion tests, kinetic …