Digital Commons Network^™

Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler

Articles by Maurer Faculty

This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …

Why Ferroelectric Polyvinylidene Fluoride Is Special, Matt Poulsen, Stephen Ducharme

Stephen Ducharme Publications

Ferroelectric polymers entail a number of constraints, which together limit the useful compositional variations. These constraints include the following: a stable molecular dipole moment, compact crystal structure, conformational flexibility, and minimal steric hindrance. They are well satisfied by the prototype ferroelectric polymer, polyvinylidene fluoride, and yet almost every other conceivable molecular structure is limited by comparison.

Exclusion Fencing For Feral Hogs At White-Tailed Deer Feeders, Justin M. Rattan, Billy J. Higginbotham, David B. Long, Tyler A. Campbell

United States Department of Agriculture Wildlife Services: Staff Publications

Management programs aimed at white-tailed deer (Odocoileus virginianus) production often include the use of feeders, either to deliver supplemental feed or bait. However, much of the feed placed into deer feeders is consumed by non-target species, such as feral hogs (Sus scrofa). Our objectives were to compare three exclusion fence designs at deer feeders for their ability to restrict feral hog visitation and enable white-tailed deer visitation. Our high fence design consisted of 86 cm high graduated paneling. Our medium fence design consisted of 76 cm high, 10´10 cm paneling. Our low height design consisted of …

Response Of Deer To Containment By A Poly-Mesh Fence For Mitigating Disease Outbreaks, Michael J. Lavelle, Justin W. Fischer, Scott E. Hygnstrom, Joshua J. White, Aaron M. Hildreth, Gregory E. Phillips, Kurt C. Vercauteren

United States Department of Agriculture Wildlife Services: Staff Publications

Rapidly deployable and effective methods are needed to contain free-ranging deer (Odocoileus spp.) during acute disease outbreaks. We evaluated efficacy of a 2.1-m-tall polypropylene mesh (poly-mesh) fence for containing ≥15 free-ranging white-tailed deer (O. virginianus) within a 42-ha area in eastern Nebraska, USA. We observed a 99% decrease in deer leaving the enclosure area after we installed fencing (1 deer jumped; 0.02 deer/hr) compared with prefence rates (5.26 deer/hr). However, 8 deer (53% of censused population) escaped the enclosure during a census drive after our study. Poly-mesh fencing may be effective in temporarily containing free-ranging deer during …

Kirbylene Stephens Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of papers, photographs, and memorabilia from Kirbylene Stephens' thirty-year career at Georgia Southern University. The collection spans 1921 to 2008 and includes information on past presidents such as Zach S. Henderson, Pope A. Duncan, Dale W. Lick, and Nicholas Henry.

Find this collection in the University Libraries' catalog.

Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey

Articles by Maurer Faculty

On June 11, 2009, the Empire State Stem Cell Board (“Board”), which administers the $600 million in New York State funds allotted to stem cell research, voted to allocate a portion of those funds to compensate women up to $10,000 for “donating” their eggs for use in stem cell research. The Board's decision makes New York the first state to affirmatively allow state funds to be used to compensate women for providing their eggs for use in stem cell research beyond mere reimbursement of associated medical and other expenses, and, similarly, distinguishes it from most international countries, which either prohibit …

Conceivable Changes: Effectuating Infertile Couples' Emotional Ties To Frozen Embryos Through New Disposition Options, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa

Articles by Maurer Faculty

Withdrawing from International Custom, a recent article by Curtis Bradley and Mitu Gulati, has sparked interest and debate. Bradley and Gulati’s article, develops with significant nuance and detail that, naturally, can be best understood by a careful reading of their work. In essence, it proposes a modification in customary international law (CIL) doctrine – a change that would permit states to unilaterally exit from existing customary international law. This Essay will act as a brief reflection on that article. In Part I, it will explore the analogies Withdrawing makes between CIL and contract and will argue, first that CIL and …

Negotiating Equitable Access To Influenza Vaccines: Global Health Diplomacy And The Controversies Surrounding Avian Influenza H5n1 And Pandemic Influenza H1n1, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Hicks V. Dowd, Conservation Easements, And The Charitable Trust Doctrine: Setting The Record Straight, W. William Weeks, Nancy A. Mclaughlin

Articles by Maurer Faculty

This is the fourth in an exchange of articles published by the Wyoming Law Review discussing the application of charitable trust principles to conservation easements conveyed as charitable gifts. In 2002, Johnson County, Wyoming, attempted to terminate a conservation easement that had been conveyed to the County as a tax-deductible charitable gift. The County's actions were challenged, first in a suit brought by a resident of the County, Hicks v. Dowd, and then in a suit brought by the Wyoming Attorney General, Salzburg v. Dowd. The over six years of litigation associated with the easement's attempted termination has been the …

How Specialists Can Be Generalists: Resolving The "Parasite Paradox" And Implications For Emerging Infectious Disease, Salvatore J. Agosta, Niklas Janz, Daniel R. Brooks

Harold W. Manter Laboratory of Parasitology: Faculty Publications

The parasite paradox arises from the dual observations that parasites (broadly construed, including phytophagous insects) are resource specialists with restricted host ranges, and yet shifts onto relatively unrelated hosts are common in the phylogenetic diversification of parasite lineages and directly observable in ecological time. We synthesize the emerging solution to this paradox: phenotypic flexibility and phylogenetic conservatism in traits related to resource use, grouped under the term ecological fitting, provide substantial opportunities for rapid host switching in changing environments, in the absence of the evolution of novel host-utilization capabilities. We discuss mechanisms behind ecological fitting, its implications for defining specialists …

Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain, Michael Mattioli

Articles by Maurer Faculty

This article studies the law and economics of cooling-off periods and secondary markets for online media. The discussion is fueled by a current debate: In July 2009, the online retail juggernaut, Amazon.com, remotely deleted literary classics from consumers’ portable “Kindle” reading devices. The public outcry and class-action lawsuit that followed have reinvigorated an ongoing debate about how much control digital media distributors should wield. Pundits and plaintiffs argue that too often, digital distributors like Amazon impair consumer freedom by misusing Digital Rights Management (DRM) software systems. However, these same systems could also provide significant benefits that have largely gone ignored. …

Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott

Articles by Maurer Faculty

A central purpose of the Sentencing Reform Act was to reduce inter-judge sentencing disparity, driven not by legitimate differences between offenders and offense conduct, but by the philosophy, politics, or biases of the sentencing judge. The federal Sentencing Guidelines, despite their well-recognized deficiencies, succeeded in reducing that form of unwarranted disparity. But in a series of decisions from 2005 to 2007, the Supreme Court rendered the Guidelines advisory (Booker), set a highly deferential standard for appellate review (Gall), and explicitly authorized judges to reject the policy judgments of the Sentencing Commission (Kimbrough). Since then, the Commission has received extensive anecdotal …

Where Cultures And Sovereigns Collide: Balancing Federalism, Tribal Self-Determination, And Individual Rights In The Adoption Of Indian Children By Gays And Lesbians, Steve Sanders

Articles by Maurer Faculty

This article analyzes the complex interplay between adoption (traditionally a matter reserved to state family law) and the federal Indian Child Welfare Act in the context of adoptions by gays and lesbians.

As a federal statute that partially preempts state law for the benefit of Native Americans, ICWA implicates three sovereigns: the United States, the state where the adoption petition is brought, and the tribe whose child is the focus of the proceeding. This interplay of sovereigns in itself makes Indian child welfare law complicated and interesting. Beyond these sovereign interests, also to be considered are the interests and rights …

Patent Misuse And Innovation, Marshall Leaffer

Articles by Maurer Faculty

No abstract provided.

Duplicative Foreign Litigation, Austen L. Parrish

Articles by Maurer Faculty

What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings - and the waste inherent in such duplication - becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents.

The federal courts, however, do not yet have a coherent response to the problem. They apply …

First Report Of Viral Pathogens Wssv And Ihhnv In Argentine Crustaceans [Note], Sergio Roberto Martorelli, Robin M. Overstreet, Jean A. Jovanovich Alvillar

Harold W. Manter Laboratory of Parasitology: Faculty Publications

The pathogenic penaeid shrimp viruses white spot syndrome virus (WSSV) and infectious hypodermal and hematopoietic necrosis virus (IHHNV) are reported for the first time from Argentina. They both occurred in wild crustaceans in Bahia Blanca Estuary, with WSSV detected by polymerase chain reaction (pCR) or real time quantitative pCR (qpCR) methods as infecting samples as high as 56% of the penaeid Artemesia longinaris Bate, 1888, 67% of the grapsoid Cyrtograpsus angulatus dana, 1851, and 40% of the introduced palaemonid Palaemon macrodactylus Rathbun, 1902. The highest detected copy number was 39,600 copies/μg dNA. IHHNV was tested for using pCR in …

Reproductive Biology Of Male Brown Treesnakes (Boiga Irregularis) On Guam, Tom Mathies, John A. Cruz, Valentine A. Lance, Julie A. Savidge

United States Department of Agriculture Wildlife Services: Staff Publications

Reproductive biology of males in the Guam population of the Brown Treesnake, Boiga irregularis, was investigated through monthly examinations of the urogenital system organs and plasma testosterone levels. All males examined during the 12 consecutive months of the study were spermatogenic and had sperm in the ductus epididymis and ductus deferens. No evidence of testicular recrudescence or regression was observed. Testis mass did not vary among months. Epithelial height of the kidney sexual segment was the only feature examined that varied significantly among months, with lowest heights observed in May through July. Despite this variation, the sexual segment in all …

Acetaminophen As An Oral Toxicant For Nile Monitor Lizards (Varanus Niloticus) And Burmese Pythons (Python Molurus Bivittatus), Richard E. Mauldin, Peter J. Savarie

United States Department of Agriculture Wildlife Services: Staff Publications

Context. Invasive species are a growing global problem. Biological invasions can result in numerous harmful impacts on local ecologies, and non-native herpetofauna are frequently ignored. Nile monitor lizards (Varanus niloticus) and Burmese pythons (Python molurus bivittatus, recently reassessed as Python bivittatus bivittatus), have become established in southern Florida. Both are large, semi-aquatic predators that pose serious threats to a variety of threatened and endangered species, as well as to the unique ecology of the area.

Aims. Acetaminophen (CAS#103-90-2), a lethal oral toxicant for the invasive brown treesnake (Boiga irregularis) on Guam, was investigated …

Seeking A Second Opinion: Uncertainty In Disease Ecology, Brett T. Mcclintock, James D. Nichols, Larissa L. Bailey, Darryl I. Mackenzie, William. L. Kendall, Alan B. Franklin

United States Department of Agriculture Wildlife Services: Staff Publications

Analytical methods accounting for imperfect detection are often used to facilitate reliable inference in population and community ecology. We contend that similar approaches are needed in disease ecology because these complicated systems are inherently difficult to observe without error. For example, wildlife disease studies often designate individuals, populations, or spatial units to states (e.g., susceptible, infected, post-infected), but the uncertainty associated with these state assignments remains largely ignored or unaccounted for. We demonstrate how recent developments incorporating observation error through repeated sampling extend quite naturally to hierarchical spatial models of disease effects, prevalence, and dynamics in natural systems. A highly …

What Do Conscientious People Do? Development And Validation Of The Behavioral Indicators Of Conscientiousness (Bic), Joshua J. Jackson, Dustin Wood, Tim Bogg, Kate E. Walton, Peter D. Harms, Brent W. Roberts

Department of Management: Faculty Publications

Typical assessments of personality traits collapse behaviors, thoughts, and feelings into a single measure without distinguishing between these different manifestations. To address this lack of specification, the current study develops and validates a measure that assesses a number of broad behaviors associated with the personality trait of conscientiousness (the Behavioral Indicators of Conscientiousness; BIC). Findings suggest that the lower-order structure of conscientious behaviors is mostly similar to the lower-order structure in extant trait measures. Furthermore, a daily diary method was used to validate the BIC against frequency counts of conscientious behavior. Overall, the results identify specific behaviors that conscientious individuals …

Dynamic Creation: Extending The Radical Austrian Approach To Entrepreneurship, Todd H. Chiles, Chris S. Tuggle, Jeffery S. Mcmullen, Leonard Bierman, Daniel W. Greening

Department of Management: Faculty Publications

We develop a new perspective on entrepreneurship as a dynamic, complex, subjective process of creative organizing. Our approach, which we call ‘dynamic creation’, synthesizes core ideas from Austrian ‘radical subjectivism’ with complementary ideas from psychology (empathy), strategy and organization theory (modularity), and complexity theory (self-organization). We articulate conjectures at multiple levels about how such dynamic creative processes as empathizing, modularizing, and self-organizing help organize subjectively imagined novel ideas in entrepreneurs’ minds, heterogeneous resources in their firms, and disequilibrium markets in their environments. In our most provocative claim, we argue that entrepreneurs, by imagining divergent futures and (re)combining heterogeneous resources to …

Personal Jurisdiction Over Foreign Directors In Cross-Border Securities Litigation, Hannah L. Buxbaum

Articles by Maurer Faculty

No abstract provided.

W(H)Ither Economic Substance?, Leandra Lederman

Articles by Maurer Faculty

Transactions that claim inappropriate tax benefits are a perennial problem. When the IRS claims a transaction is abusive, courts generally examine whether the taxpayer had a business purpose and whether the transaction had economic substance (essentially a prospect of profit before taxes). This two-pronged "economic substance doctrine" developed from a series of Supreme Court cases.

Unfortunately, the economic substance doctrine provides a poor proxy for the real question, which was the focus of the early cases-whether the claimed tax results are consistent with Congress's intent. One important drawback of the shift from a focus on congressional intent to a focus …

(Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law, Victor D. Quintanilla

Articles by Maurer Faculty

This article examines the element of scienter (fraudulent intent) in claims of federal securities fraud under Section 10(b) of the Exchange Act and, more specifically, the U.S. Supreme Court’s decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) from a social psychological perspective. The field of social psychology has documented a pervasive phenomena, the Fundamental Attribution Error, the failure of decision makers to consider situational explanations, including the force of environments and social and situational norms on human conduct. In light of robust social psychological research on the Fundamental Attribution Error, legal concepts such as …

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 …

Sex, Threats, And Absent Victims: The Lessons Of Regina V. Bedingfield For Modern Confrontation And Domestic Violence Cases, Aviva A. Orenstein

Articles by Maurer Faculty

In 2004, Crawford v. Washington, authored by Justice Antonin Scalia, revolutionized the law of confrontation by requiring that, aside from two discrete exceptions, all testimonial statements (those made with the expectation that they will serve to prosecute the accused) be subject to cross-examination. This new interpretation of the Sixth Amendment confrontation clause has profoundly affected domestic violence cases, making it much harder to prosecute them successfully.

Although Justice Scalia’s approach to confrontation is new, it is strikingly similar to the analysis in Regina v. Bedingfield, a notorious English murder case, which excluded from the evidence an alleged statement by the …

Equal Access And The Right To Marry, Deborah Widiss, Nelson Tebbe

Articles by Maurer Faculty

How should courts think about the right to marry? This is a question of principle, of course, but it has also become a matter of litigation strategy for advocates challenging different-sex marriage requirements across the country. We contend that courts and commentators have largely overlooked the strongest argument in support of a constitutional right to marry. In our view, the right to marry is best conceptualized as a matter of equal access to government support and recognition and the doctrinal vehicle that most closely matches the structure of the right can be found in the fundamental interest branch of equal …

The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra

Articles by Maurer Faculty

Since 2003 American political leaders and lawmakers have been committed to the simultaneous pursuit of tax cuts and military excursions abroad. Just a few decades ago, when military hawks were also deficit hawks, such a position would have seemed incongruous. This essay reviews, War and Taxes, a provocative and fascinating new book that seeks to explain the apparent dissonance of recent American wartime tax policy. In contrast to conventional wisdom which presumes that wartime patriotism has always and everywhere trumped self-interest, War and Taxes shows that the history of U.S. wartime taxation is not quite such a heroic tale. By …

American Economic Development, Managerial Corporate Capitalism, And The Institutional Foundations Of The Modern Income Tax, Ajay K. Mehrotra

Articles by Maurer Faculty

Histories of the modern American income tax have generally focused on the role that social and political forces have played in the development of a new tax system. This article seeks to move beyond the social and political determinants to examine the economic factors that facilitated the adoption of the modern, graduated income tax. Without marginalizing the importance of social and political factors, the central aim of this article is to make a modest contribution to the legal and political historiography of the U.S. income tax by highlighting how changing material economic conditions afforded social groups, political reformers, and lawmakers …