Digital Commons Network^™

Environmental Law, Scott D. Deatherage, Brendan Lowrey, Christopher Smith, Ashley Phillips

SMU Law Review

No abstract provided.

Insurance Law, J. Price Collins, Blake H. Crawford

SMU Law Review

No abstract provided.

Rare Diagnosis Of Vaginal Atresia In A Patient With Vater Syndrome And Primary Amenorrhea, Doreen Kyere Md, Mph, Rochelle Steiner-Friel Md, Sarah Stevens Md, Mph

Department of Obstetrics & Gynecology

No abstract provided.

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

A number of amendments to the Federal Rules of Procedure and Evidence became effective on December 1, 2009. The change to Criminal Rule 7 deleted subdivision (c)(2), which required that the indictment include notice that the defendant has an interest in forfeitable property. Criminal Rule 32 now provides that the presentence report state whether the government is seeking forfeiture of property. Criminal Rule 32.2 received six amendments concerning criminal forfeiture. Criminal Rule 41 created a two-step process for seizing and reviewing electronic storage media. Further, of the Rules Governing § 2254 Proceedings, Rule 11 was created to make the requirements …

Efficacy Of The Obama Policies To Combat Al-Qa’Eda, The Taliban, And Associated Forces—The First Year, Jeffrey F. Addicott

Faculty Articles

In President Obama’s first year in office, he failed in combating al-Qa’eda, the Taliban, and associated forces. President Obama wished to change the perception on the ‘War on Terror’ established by the Bush Administration, but instead created more confusion and frustration in an attempt to change old policies.

Most notably, President Obama refused to irrevocably and sternly tell the American public that the conflict with al-Qa’eda was indeed a war. The Bush Administration’s first action taken after 9/11 was the pronouncement that the United States was at war. President Obama instead referred to the conflict as an “overseas contingency operation.” …

Catholicism And Constitutional Law: More Than Privacy In The Penumbras, Bill Piatt

Faculty Articles

No abstract provided.

The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod

Faculty Articles

Many of the legal and policy issues about which people today get most exercised turn on a little-understood relationship between two fundamental principles. On one hand is the principle of autonomy, which, for reasons explored in this article, is often employed in defense of greater freedom and less government intervention in matters of morals and self-harmful conduct. On the other hand is respect for basic goods, those ends and purposes that constitute ultimate, underived, and intelligible reasons for rational action, and which include knowledge, human life, and community, among others. Basic goods provide reasons for human purposing and action (as …

Just Talking With The Furniture, Emily A. Hartigan

Faculty Articles

The current social and political situation of the United States is post-modern, post-colonial, post-critical, and post-secular. It is located in a two-party system in which the substantive values of the population are radically fragmented. As such, American social and political culture needs new prospects for conversation, both about and constituting justice, which can cross the vast differences between its members. It is time to enter a discourse on substantive justice in a way that uses the imagined unity of modernist thought as a way station for something both old and new.

A Case Of Erythema Elevatum Diutinumassociated With Iga Monoclonal Gammopathy And Multiple Myeloma, Shadi Jarjous Md, Cheryl A. Bloomfield Md, James Ross Md, Facp

Department of Medicine

No abstract provided.

The Obstacles Of Outsourcing Imported Food Safety To China, Chenglin Liu

Faculty Articles

Outsourcing regulatory power through a bilateral agreement with China is unlikely to ensure the safety of imported food for two primary reasons: (1) shifting the regulatory burden does not present a feasible alternative to the traditional enforcement tools of outcome-based and production-based inspections and sanctions; and (2) China's burgeoning food safety regime, based on an entirely different culture and legal system, provides little incentive for Chinese food manufacturers to increase production costs to comply with U.S. standards.

There are three approaches for securing food safety in the U.S.: (1) increase inspections at the borders by utilizing traditional outcome-based enforcement tools; …

Ending Surprise Liens On Real Property, Chad J. Pomeroy

Faculty Articles

Academics, lawmakers, and the general public have long believed that secret liens are problematic. In real property, these are liens that are not recorded in the real property filing system. Secret liens become especially problematic when they are enforced, despite their secrecy, against subsequent purchasers of the property. If the purchaser does not satisfy the lien by paying the underlying debt, the lien holder can foreclose on the property. One of the main purposes of having real property recording statutes was to avoid surprise liens (secret liens afforded priority over subsequent purchasers) and ensure that real estate purchasers and investors …

Incorporating Rehabilitation Services Into Oncology Site-Specific Clinical Practice Guidelines, Kathleen Leies Rn, Ocn, Kathy Sevedge Rn, Ma, Aocn, Dorothy Morrone Rnc, Ms, Ocn, Stephanie Marshall Ccer, Jennifer Roeder Mspt, Mba

Department of Medicine

No abstract provided.

Alternative Regulation Of The Alginate Algd Operon By An Activated Algb In Nonmucoid Pseudomonas Aeruginosa Is Dependent On Sigma 54, Jean Kim

Theses and Dissertations

Alginate overproduction by Pseudomonas aeruginosa, which causes a mucoid phenotype, is a major virulence factor associated with chronic pulmonary infections in cystic fibrosis patients. Expression of the algD operon for alginate biosynthesis requires three major regulators in association with the ECF sigma factor, σ22, in mucoid strains that are typically defective in anti-sigma factor, MucA. One such algD regulator is AlgB, a member of the NtrC family of two-component systems, which typically utilize σ54. However, neither σ54 nor the cognate sensor kinase (KinB) of AlgB are required for algD expression in such mucoid strains. I hypothesized that KinB-phosphorylated AlgB must …

Prediction Of Human Systemic, Biologically Relevant Pharmacokinetic (Pk) Properties Based On Quantitative Structure Pharmacokinetic Relationships (Qspkr) And Interspecies Pharmacokinetic Allometric Scaling (Pk-As), Prajakta Badri

Theses and Dissertations

This research developed validated QSPKR and PK-AS models for predicting human systemic PK properties of three, preselected, pharmacological classes of drugs, namely opioids, β-adrenergic receptor ligands (β-ARL) and β-lactam antibiotics (β-LAs) using pertinent human and animal systemic PK properties (fu,, CLtot, Vdss, fe) and their biologically relevant unbound counterparts from the published literature, followed by an assessment of the effect of different molecular descriptors on these PK properties and on the PK-AS slopes for CLtot and Vdss from two species (rat and dog). Lipophilicity (log (D)7.4) and molecular weight (MW) were found to be the most statistically significant and biologically …

Attributional Style, Presenting Symptoms, And Readiness To Change In Female Childhood Sexual Abuse Survivors, Eric Ford Kebker

Theses and Dissertations

The purpose of this study was to gain a better understanding of the effect that attribution style and presenting symptoms has on the self-reported readiness to change of female survivors of childhood sexual abuse. The aim was to demonstrate that the stages of change are a useful concept in understanding how to approach treatment with female child sexual abuse survivors seeking psychotherapy.

One factor that influences the effectiveness of psychotherapy is a client's degree of motivation. The concept of "stage of change" has been used as a measure of client motivation. Stage of change consists of four basic stages; precontemplative, …

Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort

Articles

No abstract provided.

A Burkean Perspective On Patent Eligibility, Part Ii: Reflections On The (Counter)Revolution In Patent Law, Thomas F. Cotter

Articles

In 2007, I published an essay in the Berkeley Technology Law Journal, titled A Burkean Perspective on Patent Eligibility, in which I discussed how the United States Court of Appeals for the Federal Circuit and the United States Patent and Trademark Office had discarded various doctrines relating to patent eligibility - among them, rules that all patentable inventions must pertain to the technological arts, that they may not read on mental steps, and that patentable processes must effect a physical transformation - in favor of an approach that asked only whether an invention had practical utility and was predictable in …

The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry

Articles

No abstract provided.

Apparent Faster-Than-Light Pulse Propagation In Interstellar Space: A New Probe Of The Interstellar Medium, F. A. Jenet, D. Fleckenstein, A. Ford, A. Garcia, R. Miller, J. Rivera, K. Stovall

Physics & Astronomy Faculty Publications

Radio pulsars emit regular bursts of radio radiation that propagate through the interstellar medium (ISM), the tenuous gas and plasma between the stars. Previously known dispersive properties of the ISM cause low-frequency pulses to be delayed in time with respect to high frequency ones. This effect can be explained by the presence of free electrons in the medium. The ISM also contains neutral hydrogen that has a well-known resonance at 1420.4 MHz. Electromagnetic theory predicts that at such a resonance, the induced dispersive effects will be drastically different from those of the free electrons. Pulses traveling through a cloud of …

Triplets Of Supermassive Black Holes: Astrophysics Gravitational Waves And Detection, Pau Amaro-Seoane, Alberto Sesana, Loren Hoffman, Matthew Benacquista, Christoph Eichhorn, Junichiro Makino, Rainer Spurzem

Physics & Astronomy Faculty Publications

Supermassive black holes (SMBHs) found in the centres of many galaxies are understood to play a fundamental, active role in the cosmological structure formation process. In hierarchical formation scenarios, SMBHs are expected to form binaries following the merger of their host galaxies. If these binaries do not coalesce before the merger with a third galaxy, the formation of a black hole triple system is possible. Numerical simulations of the dynamics of triples within galaxy cores exhibit phases of very high eccentricity (as high as e∼ 0.99). During these phases, intense bursts of gravitational radiation can be emitted at orbital periapsis, …

The Lisa Gravitational Wave Foreground: A Study Of Double White Dwarfs, Ashley J. Ruiter, Krzysztof Belczynski, Matthew Benacquista, Shane L. Larson, Gabriel Williams

Physics & Astronomy Faculty Publications

Double white dwarfs (WDs) are expected to be a source of confusion-limited noise for the future gravitational wave observatory LISA. In a specific frequency range, this \"foreground noise\" is predicted to rise above the instrumental noise and hinder the detection of other types of signals, e.g., gravitational waves arising from stellar-mass objects inspiraling into massive black holes. In many previous studies, only detached populations of compact object binaries have been considered in estimating the LISA gravitational wave foreground signal. Here, we investigate the influence of compact object detached and Roche-Lobe overflow (RLOF) Galactic binaries on the shape and strength of …

Particle Swarm Optimization And Gravitational Wave Data Analysis: Performance On A Binary Inspiral Testbed, Yan Wang, Soumya Mohanty

Physics & Astronomy Faculty Publications

The detection and estimation of gravitational wave signals belonging to a parameterized family of waveforms requires, in general, the numerical maximization of a data-dependent function of the signal parameters. Because of noise in the data, the function to be maximized is often highly multimodal with numerous local maxima. Searching for the global maximum then becomes computationally expensive, which in turn can limit the scientific scope of the search. Stochastic optimization is one possible approach to reducing computational costs in such applications. We report results from a first investigation of the particle swarm optimization method in this context. The method is …

Search For Gravitational Waves From Compact Binary Coalescence In Ligo And Virgo Data From S5 And Vsr1, J. Abadie, B. P. Abbott, Matthew Benacquista, Teviet Creighton, Mario C. Diaz, Soumya Mohanty, Soma Mukherjee, Volker Quetschke, Malik Rakhmanov, Joseph D. Romano

Physics & Astronomy Faculty Publications

We report the results of the first search for gravitational waves from compact binary coalescence using data from the Laser Interferometer Gravitational-Wave Observatory and Virgo detectors. Five months of data were collected during the Laser Interferometer Gravitational-Wave Observatory’s S5 and Virgo’s VSR1 science runs. The search focused on signals from binary mergers with a total mass between 2 and 35M⊙. No gravitational waves are identified. The cumulative 90%-confidence upper limits on the rate of compact binary coalescence are calculated for nonspinning binary neutron stars, black hole-neutron star systems, and binary black holes to be 8.7×10−3  yr−1 L−110, 2.2×10−3  yr−1 L−110, …

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Faculty Scholarship

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …

World Views In Peace Building: A Post-Conflict Reconstruction Challenge In Cambodia, Mneesha Gellman

Emerson Authors, Researchers, & Creators

This article explores post-conflict reconstruction in Cambodia through an analysis of both the dangers of liberal peace building and the positive role that training in capacity building plays in war-torn societies. The central question addressed is how insider-outsider dynamics influence Cambodia's post-conflict reconstruction projects; and what assumptions do international workers and Cambodian NGO staff make about 'the good life' that will be constructed? The article offers an overview of Cambodia's history and cultural context to situate its analysis of liberal peace building and foreign donors, as well as the behavioural characteristics of international peace builders operating within Cambodia. It assesses …

Utilizing The School Health Index To Foster University And Community Engagement., Kristi Mcclary King

Faculty and Staff Scholarship

A Coordinated School Health Program maximizes a school’s positive interaction among health education, physical education, health services, nutrition services, counseling/psychological/social services, health school environment, health promotion for staff, and family and community involvement. The purpose of this semester project is for undergraduate health education students to (1) explain the Coordinated School Health Program, (2) assess local schools’ health programs and policies using the School Health Index, (3) develop a School Health Improvement Plan, and (4) present their findings and recommendations for improving their schools’ physical activity, nutrition, tobacco prevention, asthma, and safety policies and programs.

Brief History Of Religion In Northeast Ohio, A, George W. Knepper

Cleveland Memory

This monograph presents a concise but comprehensive look at the history of religion in Northeast Ohio. Starting with the early settlers from New England, Professor Knepper traces the increasingly diverse mixture of faiths that now characterize the life of the sacred in Northeast Ohio. In doing this, Professor Knepper is drawing on a lifetime of study into Ohio's history. Original publication date 2002.

Stained Glass Windows Of Trinity Cathedral, Cleveland, Ohio, Produced By Wilbur H. Burnham Studios, Michael J. Tevesz

Cleveland Memory

Trinity Episcopal Cathedral has over forty large stained glass windows that range in age from the 15 to the 20th Century. The medieval windows were produced in England and Germany, while the more contemporary windows were produced by such prominent studios as those directed by Willet, Connick, Tiffany, Heaton, Young, and Burnham. The more contemporary windows are of considerable artistic and historical interest, but there is very little information available about them. This monograph specifically focuses on the windows of Trinity Cathedral produced by the Wilbur H. Burnham Studios. The Burnham Studios windows are the most accessible windows within the …

Guide To Stones Used For Houses Of Worship In Northeastern Ohio, Joseph T. Hannibal

Cleveland Memory

The purpose of this guide is to serve as an introduction and field guide to the stone used for Northeastern Ohio’s sacred landmarks. compiling this information are noted. Both exterior and interior stones are described. Locations are given so that visitors can find various interior features. Finally, interesting facts having to do with the stones are given in a remarks section and references to sources used. Original publication date 1999.

The Community Arts Council Movement: History, Opinions, Issues, Nina Freedlander Gibans

Cleveland Memory

Initially published in 1982, this book serves as an historical survey of the community arts council movement, as well as an analysis of programs, practices, and trends. Research for the book includes analysis of original source documents from arts councils, as well as discussions with more than 100 members and leaders of arts councils nationwide, including leaders of the National Endowment of the Arts and the American Arts Alliance. Original publication date 1982.