Digital Commons Network^™

A Letter To The Editor 2/12/2011, John Edminster

Quaker Religious Thought

No abstract provided.

The Spectropoetics Of Trauma: Ghosts, Language, And The Wound In Nightwood, Brad Baumgartner

Reconstruction: Studies in Contemporary Culture

Engaging the language of psychoanalysis through a “spectropoetics” while attempting to interpret the ghosts operating both inside and outside characters in Djuna Barnes’ novel Nightwood, this essay addresses issues of modernity, queerness, and autobiography which act in a sort of spectral dialogism between text and reader, author and autobiographical impetus, trauma and well being. The influence of ghosts residing both within and without these characters evokes an ontological inquiry into the alternating dialectic of psychic and bodily haunting, and thereby sheds new light on Barnes’ marginal modernism. The novel suggests that rather than merely acting as agents of trauma, …

The Google Book Settlement And The Trips Agreement, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This "perspective" reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant provisions of the Berne Convention that were incorporated into TRIPS, in particular the no-formality rule, the most-favored nation (MFN) clause, national treatment obligations, and the so-called three-step test.

Golan V. Holder: A Look At The Constraints Imposed By The Berne Convention, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne Convention. This Essay argues that the Berne Convention obligates the United States as a Berne Union member to provide some degree of protection, but otherwise leaves wide latitude to set the conditions under which works in the public domain receive retroactive copyright protection. The Convention itself does not mandate that any particular level of protection be granted to such works …

A Former Treasury Adviser On How To Really Fix Wall Street, Morgan Ricks

Vanderbilt Law School Faculty Publications

Any serious program for Wall Street reform should start with two words: “term out.” “Terming out” is a financial term of art, but its meaning is easily grasped. It simply means funding your business with long-term financing instead of short-term IOUs. To a far greater extent than is commonly understood, our financial sector funds its operations with extremely short-term borrowings. These IOUs must be paid back in a day, a week, or a month. By contrast, termed-out financial firms shun borrowings that come due in less than a year. A terming-out requirement would be costly for Wall Street, but the …

Unforgiving Of Those Who Trespass Against U.S.: State Laws Criminalizing Immigration, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. Specifically, in April 2010, Arizona passed SB 1070: Support Our Law Enforcement and Safe Neighborhoods Act. SB 1070 creates crimes involving trespassing by “illegal aliens” and harboring or concealing unlawful aliens. This paper argues that state trespass laws that criminalize unlawful presence of immigrants are unconstitutional regulations of immigration and are a preempted exercise of state power. In evaluating the constitutionality of state trespass laws that criminalize immigration status, this paper proceeds in three parts. The first part of the paper …

Spousal Abuse And Social Workers : When Private Sphere Goes Public, King Fan, Veronica Shek

Lingnan Theses

This study uses the concept of public and private spheres to analyze how Hong Kong‘s social workers manage spousal abuse cases. Victims of spousal abuse in Hong Kong generally see their experiences as "family shame‖" something that belongs to the private domain - and are therefore reluctant to disclose them to third parties. However, there is a public conviction that social workers are appropriate agents to handle spousal abuses. This study examines the roles and responsibilities of social workers and their service recipients in spousal abuse cases. The analysis is based on eleven semi-structured, in-depth interviews conducted with social workers …

Symposium Epilog: Foreign Sovereign Immunity At Home And Abroad, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

If the international law of immunity once purported to make foreign states, their rulers, their officials, and their boats all identical in some sense--the sovereign equality of states--today immunity distinguishes and differentiates between the state's commercial and private features, its tortious and non-tortious conduct committed in the forum state, and sometimes even the torture, war crimes, and acts of terrorism carried out in its name. Of course, sovereign equality has diminished in general as human rights have grown, but even as nation-states accept treaty-based obligations toward their own citizens, they refuse to make themselves explicitly accountable in the national courts …

Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry

Vanderbilt Law School Faculty Publications

This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude Rains’s memorable line in Casablanca: “Round up the usual suspects.” Two things saved this symposium from that fate. First, each of the usual suspects was appointed defense counsel, which made things more interesting. Second, a new face found its way into the line-up: Erie Railroad v. Tompkins. My goal in this essay is to explain why Erie is in fact guiltier than all of the …

Rethinking Novelty In Patent Law, Sean B. Seymore

Vanderbilt Law School Faculty Publications

The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention. Although gauging possession is usually straightforward for simple inventions, it can be difficult for those in complex fields like biotechnology, chemistry, and pharmaceuticals. For example, if a drug company seeks to patent a promising molecule that was disclosed but never physically made in the prior art, the key possession question is whether a person having ordinary skill in the art (PHOSITA) could have made it at the time of the prior disclosure. Put differently, could the PHOSITA rely on then-existing knowledge …

Two-Photon Cross Section Enhancement Of Photochromic Compounds For Use In 3d Optical Data Storage, Gheorghe Luchita

Electronic Theses and Dissertations

Rewritable photochrome-based 3D optical data storage requires photochromic molecules with high two-photon absorption (2PA) cross sections. Currently, the low value of two-photon absorption cross sections of existing photochromes makes them unsuitable for practical application in 3D data storage. Worldwide attempts to increase the cross section of photochromic molecules by altering the chemical structure have yielded poor results. In this work, two ways to increase the two-photon absorption cross sections of photochromes were investigated. In the first method, partial success demonstrated by extending the conjugation of a photochromic molecule, a high two-photon absorption cross section of the closed form isomer and …

Effect Of Collaborative Planning For An Activity-Based Approach To Early Intervention For Children With Autism Spectrum Disorders Across School And Home Environments, Marisa J. Salazar

Electronic Theses and Dissertations

As the prevalence of autism spectrum disorders (ASD) continues to rise, families and educators are challenged with providing intensive, evidence-based practices in the least restrictive environment. Evidence exists for a variety of effective intervention approaches. Selection of appropriate interventions requires consideration of the individual needs of the child and family. An activity-based approach to early intervention combines strategies from a variety of evidence-based practices and allows for intensity of instruction through distributed opportunities for practice. Brief teaching interactions are elicited within the context of typical routines and activities throughout the day. Thus, intervention can be provided in inclusive classroom settings …

Addressing The Achievement Gap And Disproportionality Through The Use Of Culturally Responsive Teaching Practices, Angela Griner

Electronic Theses and Dissertations

Culturally responsive teaching practices in schools and classrooms have been shown to be an effective means of addressing the achievement gap, as well as the disproportionate representation of racially, culturally, ethnically, and linguistically diverse students in programs serving students with special needs. While there has been a recent influx in research discussing these issues, teachers and school staff lack clear examples and tools for best practices that will aid them in addressing the achievement gap and disproportionality effectively within their schools. Conducted in three phases, this research provides a framework for developing, implementing, and evaluating a culturally responsive tool for …

Self-Assembly And Photophysics Of Selected Organic Materials And Two-Photon Bioimaging With Profluorescent Nitroxides, Polyelectrolyte Nanoparticles, And Squaraine Probes, Hyo Yang Ahn

Electronic Theses and Dissertations

Two-photon absorption and upconverted fluorescence has been utilized in a variety of applications in pure science and engineering. Multiphoton-based techniques were used in this research in order to understand photophysical and chemical characteristics of several fluorescent dyes and to demonstrate some of their key applications. Two-photon fluorescence microscopy (2PFM) has become a powerful technique in bio-photonics for non-invasive imaging in the near-infrared (NIR) region (700~1000 nm) that often results in less photobleaching. In Chapter 1, there is a brief introduction to fluorescence, examples of fluorescence materials, and a discussion of the advantages of two-photon absorption. 2PFM imaging was utilized in …

Selling "Dream Insurance" : The Standardized Test-Preparation Industry's Search For Legitimacy, 1946-1989, Keegan Shepherd

Electronic Theses and Dissertations

This thesis analyzes the origins, growth, and legitimization of the standardized test preparation ("test-prep") industry from the late 1940s to the end of the 1980s. In particular, this thesis focuses on the development of Stanley H. Kaplan Education Centers, Ltd. ("Kaplan") and The Princeton Review ("TPR"), and how these companies were most conducive in making the test-prep industry and standardized test-preparation itself socially acceptable. The standardized test most frequently discussed in this thesis is the Scholastic Aptitude Test ("SAT"), especially after its development came under the control of Educational Testing Service ("ETS"), but due attention is also given to the …

Effects Of Deadline Conditions On Learners Of Different Procrastination Tendencies In An Online Course, Pin Wang

Electronic Theses and Dissertations

The purpose of this study was to investigate the effects of three deadline conditions (i.e., frequent-instructor-set-deadline condition, flexible-instructor-set-deadline condition, and self-imposed-deadline condition) on students of different academic procrastination levels (high, medium, and low) in terms of their perceived learning, academic performance, and course satisfaction in an online course. A 3 x 3 factorial quasi-experimental design was adopted for this study. One hundred and seventy three students from three classes of different majors voluntarily participated in the study with 50 students majoring in Agriculture, 61 in International Trading, and 62 in Food Manufacturing. The three classes were randomly assigned to three …

Role Of Membrane Lipids In Modulating Protein Structure & Function, Ray Supriyo

Electronic Theses and Dissertations

A-B family of toxins consists of plant toxins such as ricin and bacterial toxins such as cholera. The A subunit is the enzymatic domain and the B subunit is the receptor binding domain. Commonly, these toxins bind to the target cell plasma membrane receptors through their B subunit followed by endocytosis and a transport to the endoplasmic reticulum (ER). Inside the ER, the A subunit dissociates from the rest of the toxin, unfolds and triggers the ER quality control mechanism of ER-associated degradation (ERAD). Most ERAD substrates are purged out of the ER into the cytosol for proteasomal degradation. However, …

High Pressure And Micro-Spectroscopic Studies Of Single Living Erythrocytes And The Intraerythrocytic Multplication Cycle Of Plasmodium Falciparum, Silki Arora

Electronic Theses and Dissertations

A novel experimental approach for micro-absorption spectroscopy and high-pressure microscopy of single cells is developed and applied to the investigation of morphological, volume, and spectroscopic changes in healthy red blood cells (RBCs) and erythrocytes infected with the malaria parasite Plasmodium falciparum. Through real-time optical imaging of individual erythrocytes (size ~ 7[micrometer]) we determine the change in volume over the pressure range from 0.1 to 210 MPa. The lateral diameter of healthy RBCs decreases reversibly with pressure with an approximate slope of 0.015 [micrometer] / MPa. In infected cells, clear differences in the deformability and between the compression and decompression curves …

Hybrid Adult Neuron Culture Systems For Use In Pharmacological Testing, Darin Keay Edwards

Electronic Theses and Dissertations

Neuronal culture systems have many applications, such as basic research into neuronal structure, function, and connectivity as well as research into diseases, conditions, and injuries affecting the brain and its components. In vitro dissociated neuronal systems have typically been derived from embryonic brain tissue, most commonly from the hippocampus of E18 rats. This practice has been motivated by difficulties in supporting regeneration, functional recovery and long-term survival of adult neurons in vitro. The overall focus of this dissertation research was to develop a dissociated neuronal culture system from human and animal adult brain tissue, one more functionally and developmentally correlative …

Characterization Of The Nonlinear Refractive Index Of Carbon Disulfide Over An Extended Spectral And Temporal Range, Marcus Seidel

Electronic Theses and Dissertations

The intensity dependent refractive index change of a medium is frequently described in terms of the product n₂ · I where n₂ is the nonlinear refractive index and I the light intensity. The nonlinear refractive index is often treated as constant which is a reasonable assumption if the light interacts only with bound electrons. In the case of carbon disulfide (CS₂) however, nuclear motions contribute to n₂. These motions occur on the sub picosecond time scale and thus become especially relevant for ultrashort laser pulses. The neat liquid CS₂ is studied because it exhibits a large nonlinear refractive index in …

An Approach To Improve The Failure Rate Model Of A Solid State Laser By Utalizing The Physics Of Failure Methodology, Omar L. Thompson

Electronic Theses and Dissertations

The ability to predict the failure rate of any military laser is very critical. In-field laser usage does not support the troubleshooting and repairing of a complex electro optical system. The only published laser failure rate model was last updated by the Department of Defense in 1975. Consequently, the failure rate predicted is inaccurate due to model deficiencies. This dissertation has developed a laser failure rate model for diode pumped lasers with improved failure rate prediction accuracy. The model has surpassed the capabilities of the Department of Defense model by the inclusion of key performance attributes that are currently not …

Discovery And Optimization Of Novel Small-Molecular Inhibitors Suppressing Stat3-Dependent Tumor Process, Xiaolei Zhang

Electronic Theses and Dissertations

With the critical role of aberrantly active Signal Transducer and Activator of Transcription (Stat) 3 protein in many human cancers, selective small-molecule inhibitors targeting the dimerization event which is required for stat3 activation, would be valuable as therapeutic agents. And the inhibitors will be useful chemical probes to clarify the complex biological functions of Stat3. By computational and structural analyses of the interaction between Stat3 and the lead dimerization disruptor, S3I-201, we have designed a diverse set of analogs. One of the most active analogs, S3I-201.1066 is derived to contain a cyclo-hexyl benzyl moiety on the amide nitrogen, which increases …

To Transfer Or Not To Transfer: Identifying And Protecting Relevant Human Rights Interests In Non-Refoulement, Vijay Padmanabhan

Vanderbilt Law School Faculty Publications

Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman or degrading treatment. This protection, called non-refoulement, emanates from a theory of human rights that recognizes rights fulfillment requires States to protect those within their jurisdiction from rights violations perpetrated by third parties, including other States. Generally human rights law recognizes that resource constraints and/or competing rights restrict protection duties. But such limitations have not been recognized in the non-refoulement context with limited theorization as …

Constitutional Adjudication In Japan: Context, Structures, And Values, John O. Haley

Vanderbilt Law School Faculty Publications

Judges in Japan share the prevailing communitarian orientation of their society, an orientation that rejects Manichean choices and moral or "scientific" absolutes, but instead relies on their collective and individual perceptions of community values, including the global community, shared by peers. They also, I believe, accept an unstated premise that legislative and administrative decisions reflect a consensus among the participants--not a simple majority. The issue remains as to who participates--who sits at the table--but the political and administrative processes do not routinely require merely fifty-one out of a hundred votes. As a consequence, judges are cautiously conservative. They adhere to …

Evolutionary Developmental Biology And Intelligent Design, Scott F. Gilbert

Biology Faculty Works

No abstract provided.

Impact Of Land Management On House Mice And Red Imported Fire Ants, Jesse R. Abelson

Electronic Theses and Dissertations

Understanding of mechanisms that limit the abundance and distribution of species is central to ecology. The failure of mechanisms to regulate populations can result in population outbreaks. There have been two outbreaks of house mice in the past decade in central Florida. In my study, I examine the efficacy of landscape management in the form of mowing and plowed soil barriers to limit or prevent outbreaks of house mice in a former agricultural area. House mouse populations were highly variable, but were unaffected by mowing or plowed soil barriers. Red imported fire ants were ubiquitous in the study area regardless …

Investigation Of Nanoceria-Modified Platinum-Gold Composite Electrodes For The Electrochemical Reduction Of Oxygen In Alkaline Media, Rahul Hegishte

Electronic Theses and Dissertations

Platinum-gold and nanoceria-modified platinum-gold electrodes were prepared on a platinum surface via electrochemical reduction of solutions of platinum and gold salts in the dispersion of nanoceria. The molar ratios of Pt and Au were varied in both PtAu and PtAu/CeO₂ electrodes while the total concentration of the metals was maintained at 2 x 10⁻³M and the concentration of nanoceria was maintained constant at 5 x 10⁻³M. The electrodes were characterized by their cyclic voltammetry curves in 0.5M sulfuric acid solution. The electrochemically active area of the electrodes was determined using the copper underpotential deposition method. The linear sweep voltammograms of …

The Application Of Two-Photon Absorbing Probes In Lysosomal, Zinc Ion Sensing And Folate Receptor-Targeted Bioimaging, Xuhua Wang

Electronic Theses and Dissertations

Two-photon fluorescence microscopy (2PFM) has become a powerful technique for bioimaging in non-invasive cancer diagnosis and also investigating the mechanization and original of a variety of diseases by tracking various biological processes. Because the fluorescence emission by two photon absorbing (2PA) is directly proportional to the square of the intensity of excitation light, this intrinsic property of 2PA provides 2PFM great advantages over traditional one-photon fluorescence microscopy (1PFM), including high 3D spatial localization, less photodamage and interference from biological tissue because of using longer wavelength excitation (700-1300 nm). However, most 2PA probes are hydrophobic and their photostabilities are questionable, severely …

Rulemaking In 140 Characters Or Less: Social Networking And Public Participation In Rulemaking, Cynthia R. Farina, Paul Miller, Mary J. Newhart, Claire Cardie, Dan Cosley, Rebecca Vernon

Cornell Law Faculty Publications

Rulemaking—the process by which administrative agencies make new regulations—has long been a target for egovernment efforts. The process is now one of the most important ways the federal government makes public policy.  Moreover, transparency and participation rights are already part of its legal structure. The first generation of federal erulemaking involved putting the conventional process online by creating an e-docket of rulemaking materials and allowing online submission of public comments. Now the Obama administration is urging agencies to embark on the second generation of technology-assisted rulemaking, by bringing social media into the process.

In this Article we describe the initial …

Rulemaking 2.0, Cynthia R. Farina, Mary J. Newhart, Claire Cardie, Dan Cosley, Cornell Erulemaking Initiative

Cornell Law Faculty Publications

In response to President Obama's Memorandum on Transparency and Open Government, federal agencies are on the verge of a new generation in online rulemaking. However, unless we recognize the several barriers to making rulemaking a more broadly participatory process, and purposefully adapt Web 2.0 technologies and methods to lower those barriers, Rulemaking 2.0 is likely to disappoint agencies and open-government advocates alike.

This article describes the design, operation, and initial results of Regulation Room, a pilot public rulemaking participation platform created by a cross-disciplinary group of Cornell researchers in collaboration with the Department of Transportation. Regulation Room uses selected live …