Digital Commons Network^™

Unconstitutionally Male?: The Story Of United States V. Virginia, Katharine T. Bartlett

Faculty Scholarship

This article tracks the different views of gender equality reflected in United States v. Virginia, from trial through the various appeals, including the 1996 opinion of the United States Supreme Court, and through the actual integration of women into VMI. It highlights the fact that while many views of equality were represented in the case throughout its history, no party and no court addressed what is arguably the most objectionable feature of VMI, which was not that it excluded women, but that its "unique" pedagogical method was based on an explicitly demeaning and subordinating view of women.

Good Faith And Law Evasion, Samuel W. Buell

Faculty Scholarship

Laws imposing sanctions can be self-defeating by supplying incentive and guidance for actors engaged in socially undesirable activities to reshape conduct to avoid penalties. Sometimes this is deterrence. But if the new activity, as much as the old, contravenes the normative stance of the legal project, it is a failure of law. The problem of evasion warrants response in many fields - not least in criminal law despite the frequent and too simple assumption that legality-related values require narrow prohibitions that unavoidably permit evasion. Three common responses to evasion have serious deficits. Foregoing control of evasion is a mistake if …

Comparing Regulatory Oversight Bodies Across The Atlantic: The Office Of Information And Regulatory Affairs In The Us And The Impact Assessment Board In The Eu, Jonathan B. Wiener, Alberto Alemanno

Faculty Scholarship

‘Quis custodiet ipsos custodes?’ asked the Roman poet Juvenal – ‘who will watch the watchers, who will guard the guardians?’ As legislative and regulatory processes around the globe progressively put greater emphasis on impact assessment and accountability, we ask: who oversees the regulators? Although regulation can often be necessary and beneficial, it can also impose its own costs. As a result, many governments have embraced, or are considering embracing, regulatory oversight--frequently relying on economic analysis as a tool of evaluation. We are especially interested in the emergence over the last four decades of a new set of institutional actors, the …

Viewpoint Neutrality And Government Speech, Joseph Blocher

Faculty Scholarship

Government speech creates a paradox at the heart of the First Amendment. To satisfy traditional First Amendment tests, the government must show that it is not discriminating against a viewpoint. And yet if the government shows that it is condemning or supporting a viewpoint, it may be able to invoke the government speech defense and thereby avoid constitutional scrutiny altogether. Government speech doctrine therefore rewards what the rest of the First Amendment forbids: viewpoint discrimination against private speech. This is both a theoretical puzzle and an increasingly important practical problem. In cases like Pleasant Grove City, Utah v. Summum, the …

Virtual Child Pornography Laws And The Constraints Imposed By The First Amendment, Paula Bird

Barry Law Review

This article seeks to navigate through the complexities involved with the uncertain future of virtual child pornography laws. First, this article sets forth a brief history of the legislative actions and court rulings regarding unprotected speech and virtual child pornography, and discusses the current standing of child pornography laws. Entailed in this discussion will be a vigorous inspection of the current statutes and how they simultaneously affect law enforcement, prosecutors, and defendants. Finally, the potential future of laws regarding virtual child pornography is analyzed, including addressing the issues of how the application and interpretation of the laws are changing and …

Can An "Educational" Video Game Improve Cognition In Stroke/Brain Injury Survivors?, Stacey Behnke

Honors Capstones

Current healthcare policies limit the time during which intensive rehabilitation is available for stroke and brain injury survivors (AAPM&R, 2009). Yet the timeline for recovery from such insults extends well beyond the typical window of rehabilitation provision, which makes independently administered cognitive stimulation an essential component of the recovery process. Unfortunately, little data exist as to the efficacy of such programs. Therefore, the purpose of this study was to determine whether a computerized, general cognitive stimulation program (Le., Nintendo OS' "Brain Age 2"), would successfully remediate specific cognitive skills in stroke or brain injury survivors compared to healthy controls. The …

The El Nino Southern Oscillation Climate System, Katherine Volk

Honors Capstones

The El Nino Southern Oscillation climate system, ENSO, is the largest coherent climate system on Earth. The variability of ENSO effects climate and environmental conditions across the globe, impacting the daily lives of hundreds of millions of people. There has been intensive study on the behavior of this system. While the mechanisms that control ENSO are now largely understood, the variability of these mechanisms is unknown. It is also unknown how ENSO will respond to global warming. Currently there is a void of data on the history of ENSO over the past several thousand years. A comprehensive record of ENSO …

The Role Of Lipoproteins/Cholesterol In Genomic Instability And Chromosome Mis-Segregation In Alzheimer's And Cardiovascular Disease, Antoneta Granic

USF Tampa Graduate Theses and Dissertations

Several lines of evidence link Alzheimer's disease (AD) to atherosclerosis (CVD), including that elevated low density lipoprotein (LDL)-cholesterol is a common risk factor. Development of genomic instability could also link the two diseases. Previous fluorescence in situ hybridization (FISH) analyses revealed a clonal expansion of aneuploid smooth muscle cells underlying atherosclerotic plaques. Likewise, cellular and mouse models of AD revealed tau-dependent mitotic defects and subsequent aneuploidy partly resulting from amyloid-beta (A&beta) interference with microtubule (MT) stability, and specific MT motors function. Moreover, AD patients develop aneuploid/hyperploid cells in brain and peripheral tissues, implicating similar mechanism that may lead to apoptosis …

Seeking For The Lost: A Papyrological Search For Luke Fifteen's Lost Economics, Erik Yingling

Student Works

This paper draws upon Egyptian documentary papyri in order to show more fully the quantitative purchasing power of items of economic significance in Luke 15. Specifically, the stories of the lost drachma, lost sheep, and prodigal son each mention economic items which—when compared with the papyrological data—can more fully elucidate areas of economic import which have not been looked at before. In doing so, the article builds upon, and supports, the framework of Roman economic "middling groups" as posited by Longenecker (2009). Furthermore, a close look at Luke 15 when compared with the Egyptian papyrological data suggests the possibility of …

Contents, Discovery Editors

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Instructions For Authors, Discovery Editors

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Assessing The Impact Of Biomedical Research, Mae O. Gordon, Cathy C. Sarli, Kristi L. Holmes

Becker Library Publications and Presentations

No abstract provided.

Reflections On Development, Developing Countries And The Progressive Development Of International Trade And Intellectual Property Law, Edward Kwakwa

Denver Journal of International Law & Policy

No abstract provided.

Renovating Space: The Future Of International Space Law, P. J. Blount

Denver Journal of International Law & Policy

No abstract provided.

Graduate And Undergraduate Catalog, 2011-2012, Eastern Washington University, Washington State Library. Electronic State Publications

Course Catalogs

Eastern Washington University's course catalog for the 2011-2012 academic year.

Discovere, 2011-2012, Vol. 2, No. 1, Eastern Washington University. Academic Affairs

EWU Research Magazines

This issue contains articles on EWU and engineering professors working to introduce the science behind renewable energy to new generation of students and teachers, benefits of the red "inferno" football field, Eastern researchers dedicating decades to restoring fisheries and ecosystems in Northwest, Communication disorders students hep bridge the memory gap for patients with dementia

Does A Broad Free Exercise Right Require A Narrow Definition Of Religion, Donald L. Beschle

UC Law Constitutional Quarterly

The Supreme Court case of Employment Division v. Smith revived an older view of the Constitution's Free Exercise Clause that protected believers only from government acts aimed at beliefs specifically, where those acts grew out of hostility to the religious belief rather than a desire to advance or protect otherwise legitimate nonreligious goals. This reversion to a previously discarded standard by the Supreme Court was much criticized, and states around the country sought to undo its effect by enacting and applying strict scrutiny standards for governmental regulation of religious belief despite there no longer being a Free Exercise exemption.

This …

The Status Quo Bias And Counterterrorism Detention, Gregory S. Mcneal

Journal of Criminal Law and Criminology

No abstract provided.

Tom Gregory V. Mark Shurteff : Brief Of Defendants/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Judgment of the Third Judicial District Court, Salt Lake County, Judge L.A Dever

Regional Differences In South American Monsoon Precipitation Inferred From The Growth And Isotopic Composition Of Tropical Trees, Ashley P. Ballantyne, P. A. Baker, J. Q. Chambers, R. Villalba, J. Argollo

Ecosystem and Conservation Sciences Faculty Publications

The authors present results on the relationship between tree-ring proxies and regional precipitation for several sites in tropical South America. The responsiveness of oxygen isotopes (δ¹⁸O) and seasonal growth as precipitation proxies was first validated by high-resolution sampling of a Tachigali myrmecophila from Manaus, Brazil (3.1°S, 60.0°W). Monthly growth of Tachigali spp. was significantly correlated with monthly precipitation. Intra-annual measurements of cellulose δ¹⁸O in Tachigali spp. were also significantly correlated with monthly precipitation at a lag of approximately one month. The annual ring widths of two tropical tree taxa, Cedrela odorata growing in the Amazon …

Human Activity Differentially Redistributes Large Mammals In The Canadian Rockies National Parks, James Kimo Rogala, Mark Hebblewhite, Jesse Whittington, Cliff A. White, Jenny Coleshill, Marco Musiani

Wildlife Biology Faculty Publications

National parks are important for conservation of species such as wolves (Canis lupus) and elk (Cervus canadensis). However, topography, vegetation conditions, and anthropogenic infrastructure within parks may limit available habitat. Human activity on trails and roads may lead to indirect habitat loss, further limiting available habitat. Predators and prey may respond differentially to human activity, potentially disrupting ecological processes. However, research on such impacts to wildlife is incomplete, especially at fine spatial and temporal scales. Our research investigated the relationship between wolf and elk distribution and human activity using fine-scale Global Positioning System (GPS) wildlife telemetry locations and hourly human …

Distribution And Abundance Of The Kittlitz's Murrelet Brachyramphus Brevirostris In Selected Areas Of Southeastern Alaska, Michelle L. Kissling, Paul M. Lukacs, Stephen B. Lewis, Scott M. Gende, Katherine J. Kuletz, Nicholas R. Hatch, Sarah K. Schoen, Susan Oehlers

Wildlife Biology Faculty Publications

We conducted boat-based surveys for the Kittlitz’s Murrelet Brachyramphus brevirostris during the breeding season in southeastern Alaska from 2002 to 2009. We completed a single survey in seven areas and multiple annual surveys in three areas. Although surveys spanned a broad geographic area, from LeConte Bay in the south to the Lost Coast in the north (~655 km linear distance), roughly 79% of the regional population of Kittlitz’s Murrelet was found in and between Icy and Yakutat bays (~95 km linear distance). The congeneric Marbled Murrelet B. marmoratus outnumbered the Kittlitz’s Murrelet in all areas surveyed except Icy Bay; in …

Impact Of Giving Students A Choice Of Homework Assignments In An Introductory Computer Science Class, Steven Fulton, Dino Schweitzer

International Journal for the Scholarship of Teaching & Learning

Student assignments have long been an integral part of many university level computer science courses to reinforce material covered in class with practical exercises. For years, researchers have studied ways to improve such student assignments by making them more interesting, applicable, and valuable to the student with a goal of improving learning outcomes by increasing student appeal. One often studied way to improve the learning outcome is by allowing students a choice in assignments. To ensure fairness for all students in providing such a choice, care must be taken to ensure assignment “equality” by ensuring an equal learning experience for …

Cloudy Privacy Protections: Why The Stored Communications Act Fails To Protect The Privacy Of Communications Stored In The Cloud, Ilana R. Kattan

Vanderbilt Journal of Entertainment & Technology Law

The advent of new communications technologies has generated debate over the applicability of the Fourth Amendment's warrant requirement to communications sent through, and stored in, technologies not anticipated by the Framers. In 1986, Congress responded to perceived gaps in the protections of the warrant requirement as applied to newer technologies, such as email, by passing the Stored Communications Act (SCA). As originally enacted, the SCA attempted to balance the interests of law enforcement against individual privacy rights by dictating the mechanisms by which the government could compel a particular service provider to disclose communications stored on behalf of its customers. …

Lipopolysaccharide Animal Models For Parkinson's Disease, Mei Liu, Guoying Bing

Neuroscience Faculty Publications

Lipopolysaccharide (LPS), an endotoxin from Gram-negative bacteria, acts as a potent stimulator of microglia and has been used to study the inflammatory process in the pathogenesis of Parkinson's disease (PD) and anti-inflammatory therapy for PD treatment. Here, we review the growing body of literature on both in vitro and in vivo LPS PD models. Primary cell cultures from mesencephalic tissue were exposed to LPS in vitro; LPS was stereotaxically injected into the substantia nigra, striatum, or globus pallidus of brain or injected into the peritoneal cavity of the animal in vivo. In conclusion, the LPS PD models are summarized as …

A Retinoic Acid–Dependent Checkpoint In The Development Of Cd4+ T Cell–Mediated Immunity, Karina Pino-Lagos, Yanxia Guo, Chrysothemis Brown, Matthew P. Alexander, Raúl Elgueta, Kathryn A. Bennett, Victor De Vries, Elizabeth Nowak, Rune Blomhoff, Shanthini Sockanathan, Roshantha A. Chandraratna, Ethan Dmitrovsky, Randolph J. Noelle

Dartmouth Scholarship

It is known that vitamin A and its metabolite, retinoic acid (RA), are essential for host defense. However, the mechanisms for how RA controls inflammation are incompletely understood. The findings presented in this study show that RA signaling occurs concurrent with the development of inflammation. In models of vaccination and allogeneic graft rejection, whole body imaging reveals that RA signaling is temporally and spatially restricted to the site of inflammation. Conditional ablation of RA signaling in T cells significantly interferes with CD4⁺ T cell effector function, migration, and polarity. These findings provide a new perspective of the role of …

Trade-Offs Between Gear Selectivity And Logistics When Sampling Nekton From Shallow Open Water Habitats: A Gear Comparison Study, Ronald Baker, Thomas J. Minello

Gulf and Caribbean Research

We compared logistical issues and the catch composition, density, and size structure of nekton samples collected with a drop sampler, benthic sled, and a fine mesh cast net in shallow non-vegetated habitats of Galveston Bay, Texas. Approximately 16 cast net replicates were collected and sorted for every one drop or benthic sled sample. The drop sampler collected the greatest number of species and provided the highest density estimates for the majority of crustaceans and small demersal fishes; the sled provided comparable density estimates for penaeids and small demersal nekton, while under-representing more mobile fishes. Densities of small benthic nekton were …

Mitochondria, Amyloid Β, And Alzheimer's Disease, Ryan Douglas Readnower, Andrew David Sauerbeck, Patrick G. Sullivan

Spinal Cord and Brain Injury Research Center Faculty Publications

Hypometabolism is a hallmark of Alzheimer's disease (AD) and implicates a mitochondrial role in the neuropathology associated with AD. Mitochondrial amyloid-beta (Aβ) accumulation precedes extracellular Aβ deposition. In addition to increasing oxidative stress, Aβ has been shown to directly inhibit mitochondrial enzymes. Inhibition of mitochondrial enzymes as a result of oxidative damage or Aβ interaction perpetuates oxidative stress and leads to a hypometabolic state. Additionally, Aβ has also been shown to interact with cyclophilin D, a component of the mitochondrial permeability transition pore, which may promote cell death. Therefore, ample evidence exists indicating that …

A Machine-Learning Approach For Workflow Identification From Low-Level Monitoring Information, Thorsten Stein

Theses

Knowing which workflows are executed within Service Oriented Architectures (SOA) is essential for successful IT management. In many cases, SOAs grew out of previous existing IT architectures; existing components are used as single services and therefore as parts of newly created workflows. Since such workflows consist of newly developed and legacy services, traditional workflow management systems often cannot be applied. This thesis presents a method for gathering information about the executed workflows within such heterogeneous environments. An implementation of a framework is presented. This framework allows the training of machine-learning algorithms with workflow models and the mapping of low-level monitoring …

Bowman Lives: The Extraterritorial Application Of U.S. Criminal Law After Morrison V. National Australia Bank, Zachary D. Clopton

Cornell Law Faculty Publications

No abstract provided.