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Turning Unambiguous Statutory Materials Into Ambiguous Statutes: Ordering Principles, Avoidance, And Transparent Justification In Cases Of Interpretive Choice, Carlos E. González

Duke Law Journal

How should courts handle interpretive choices, such as when statutory text strongly points to one statutory meaning but strong evidence of legislative intent suggests a contradictory statutory meaning? Courts have addressed this longstanding dilemma inconsistently. Sometimes courts follow statutory text over contradictory legislative intent; sometimes they do the exact opposite.

Though reaching contradictory conclusions, many courts facing interpretive choices have argued that the law of interpretation provides definitive solutions. This Article argues that the opposite is true: the law of interpretation generates, rather than resolves, interpretive choices. When this occurs, legally unconstrained judicial discretion and extralegal factors, rather than the …

Journal Staff

Duke Law Journal

No abstract provided.

What Is Securities Fraud?, Samuel W. Buell

Duke Law Journal

As Rule 10b-5 approaches the age of seventy, deep familiarity with this supremely potent and consequential provision of American administrative law has obscured its lack of clear conceptual content. The rule, as written, interpreted, and enforced, is missing a fully developed connection to—of all things—fraud. Fraud is difficult to define. Several approaches are plausible. But the law of securities fraud, and much of the commentary about that body of law, has neither attempted such a definition nor acknowledged its necessity to the coherence and effectiveness of the doctrine.

Securities fraud’s lack of mooring in a fully developed concept of fraud …

Reforming Attempt Liability Under 18 U.S.C. § 2422(B): An Insubstantial Step Back From United States V. Rothenberg , Korey J. Christensen

Duke Law Journal

The statute under which Internet sex predators are prosecuted for illicit online communications prohibits attempts to “knowingly persuade[], induce[], entice[], or coerce[]” minors to engage in “any sexual activity for which any person” can be criminally charged. This broad language has allowed courts to gradually expand the statute’s reach by reducing the level of conduct considered sufficient to constitute a substantial step toward commission of the crime. The Eleventh Circuit’s decision in United States v. Rothenberg is especially illustrative of this problematic expansion, as the court held that a conversation between consenting adults, without more, was sufficient to support a …

Interpretive Freedom: A Necessary Component Of Article Iii Judging , Jennifer M. Bandy

Duke Law Journal

As judges have debated the best method of constitutional and statutory interpretation, scholars have begun calling for increased constraints on the methodological freedoms of Article III judges. This Note rejects such proposals on constitutional grounds. Drawing upon the jurisprudence and scholarship on inherent powers, I argue that interpretive choice is an inherent judicial power. The drafting and ratification history of Article III demonstrates that the Framers expected federal judges to interpret the law. To accomplish this task, however, judges must have some methodological approach to help them prioritize interpretive evidence. Thus, imposition of a binding interpretive methodology upon federal judges …

Dna As Patentable Subject Matter And A Narrow Framework For Addressing The Perceived Problems Caused By Gene Patents, Stephen H. Schilling

Duke Law Journal

Concerns about the alleged harmful effects of gene patents— including hindered research and innovation and impeded patient access to high-quality genetic diagnostic tests—have resulted in overreactions from the public and throughout the legal profession. These overreactions are exemplified by Association for Molecular Pathology v. U.S. Patent and Trademark Office, a 2010 case in the Southern District of New York that held that isolated DNA is unpatentable subject matter under 35 U.S.C. § 101. The problem with these responses is that they fail to adequately consider the role that gene patents and patents on similar biomolecules play in facilitating investment in …

Does Non-Steroidal Anti-Inflammatory Drug (Nsaid) Use Affect Dementia Progression And Survival Rates In Alzheimer's Disease? The Cache County Study, Trevor R. Buckley

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Alzheimer's disease (AD) has multiple factors that contribute to the disease process. Among these is a state of chronic inflammation that is endured by the brain during the aging process. The use of non-steroidal anti-inflammatory drugs (NSAIDs) decreases the amount of neuroinflammation sustained by the brain, and greater levels of NSAID use have been demonstrated to be associated with decreased probability of developing AD. This study looked at whether greater rates of NSAID use were also associated with decreased rates of cognitive and funtional decline and survival in a population-based sample of persons with AD. Linear mixed models failed to …

Environmental Sensor Anomaly Detection Using Learning Machines, Erick F. Conde

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The search for improvements in the quality assurance/quality control (QA/QC) of real-time environmental measurements has been a field well exploited in recent years. These measurements describe actual environmental conditions and processes that provide relevant information upon which water quality management decisions are based. In situ sensors (located at the site of interest) are commonly used for such real-time measurement purposes. However, the performance of these types of sensors can be affected by such things as human factors, lack of necessary maintenance, flaws on the transmission line or any part of the sensor, and unexpected changes in the sensors surrounding conditions. …

Distributed Electrical Power System In Cubesat Applications, Robert Burt

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The cubesat spacecraft was conceived over ten years ago. Since that time, close to 100 cubesat satellites have either been launched or are in the process of construction. Although started as an educational teaching tool, the cubesat is gaining popularity in the satellite industry and is making inroads as a standard architecture for many nano and pico satellite applications. The electrical power system for the cubesat class satellites almost exclusively conforms to a centralized architecture.

This thesis researches the potential of using a distributed architecture for the cubesat power system. There are several key advantages of a distributed architecture that …

Potential Effects Of Altered Precipitation Regimes On Primary Production In Terrestrial Ecosystems, Joanna S. Hsu

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

In addition to causing an increase in mean temperatures, climate change is also altering precipitation regimes across the globe. General circulation models project both latitude-dependent changes in precipitation mean and increases in precipitation variability. These changes in water availability will impact terrestrial primary productivity, the fixation of carbon dioxide into organic matter by plants. In my thesis, I addressed the following three questions: 1.) What will be the relative effect of changes in the mean and standard deviation of annual precipitation on mean annual primary production? 2.) Which ecosystems will be the most sensitive to changes in precipitation? 3.) Will …

Acute Effects Of Advocare Spark® Energy Drink On Repeated Sprint Performance And Anaerobic Power In Ncaa Division I Football Players, Nnamdi I. Gwacham

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Sports drinks, such as Gatorade and Powerade, have been designed to refuel athletes during and after their performance. Specifically they are designed to have optimal levels of carbohydrates to replenish electrolytes and prevent dehydration. In contrast, energy drinks are reported to increase mental alertness and physical performance during exercise. These drinks are designed to have substantial levels of caffeine as the main ingredient. For some years, energy drinks have become widespread both in recreational and trained athletes, because of their presumed influence on physical performance. A variety of energy drinks are currently on the market today and are purported to …

Outcomes Of Rotator Cuff Surgery In Utah Workers’ Compensation Patients, Jennifer R. Grewe

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The rotator cuff is responsible for the lifting function of the shoulder and the circular movement of the arm. Rotator cuff injuries are the most common problem for the shoulder and account for approximately 4.1 million annual physicians visits. Approximately 20.7% of the population has at least one rotator cuff tear and more than 75,000 individuals will have rotator cuff surgery each year. Medical and compensation costs associated with a rotator cuff surgery are increasing and current estimated annual costs exceed 2 billion dollars. The increasing prevalence and cost associated with rotator cuff injuries in the United States population represents …

Evaluation Of The Usu Retirement And Savings Seminar, Diana Burk

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Consumers need to acquire financial knowledge and confidence in order to take effectual actions to accumulate adequate retirement wealth and improve their overall financial well-being. Thus, quality financial education programs are needed to empower consumers to achieve these goals. The purpose of this study was to evaluate the effectiveness of the Utah State University (USU) Retirement and Savings Seminar as measured by participant satisfaction and participants‘ financial knowledge, financial confidence, and financial behavior change compared to a similar group of non-participants. The program evaluation was guided by a logic model developed for the seminar.

Data for this study were collected …

Effects Of Tannin-Containing Feed On Haemonchous Contortus In Sheep And Its Behavioral Implications, Jessica A. Juhnke

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Herbivores prefer foods that supply required nutrients and avoid those with excess nutrients and plant secondary compounds (PSC). Nevertheless, PSC such as condensed tannins can provide beneficial medicinal effects to herbivores. The objectives of this study were to determine: 1) if parasitized lambs increased preference for a tannin-rich food after they experienced the beneficial antiparasitic effects of tannins relative to parasitized lambs that did not experience such benefits, 2) if preference for the tannin-containing food in the former group decreased when parasite burdens subsided, and 3) if the tannin-enriched food decreased parasitic burdens.

Twenty-two lambs were familiarized with beet pulp …

Ultrasonic Flow Measurement For Pipe Installations With Non-Ideal Conditions, Devin M. Stoker

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

In the arid west, water is among the most valuable of resources. One of the most critical aspects of water resource management is that of flow measurement. Accurate flow measurement data is needed to effectively manage any water distribution system, whether for culinary or irrigation use. In order to successfully and accurately measure water flow in pipes, it is recommended that a straight section of pipe be installed immediately upstream from the flow meter to avoid distorted flow patterns at the metering location. In many existing piping scenarios, however, such flow conditions are impossible to achieve.

The performance of ultrasonic …

Molecular Interactions Of Salmonella With The Host Epithelium In Presence Of Commensals, Prerak T. Desai

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Food-borne infections are a major source of mortality and morbidity. Salmonella causes the highest number of Food-borne bacterial infections in the US. This work contributes towards developing strategies to control Salmonella by (a) defining receptors used by Salmonella to adhere to and invade the host epithelium; (b) developing a host receptor based rapid detection method for the pathogen in food matrix; (C) and defining mechanisms of how probiotics can help alleviate Salmonella-induced cell death in the host epithelium.

We developed a cell-cell crosslinking method to discover host-microbe receptors, and discovered three new receptor-ligand interactions. Interaction of Salmonella Ef-Tu with …

An Embedded Atom Method Investigation Into The Lattice Dynamics Of Metallic Surfaces, Richard B. Wilson

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The explosion in electronic devices over the last half century is a result of the successful development and application of theories that explain the physical properties of solids. For example, the theory of lattice vibrations developed in the first half of the 20^th century has had a huge impact on our ability to understand and design devices. The idea that atoms vibrate together in grouped vibrational modes, called phonons, has enabled scientists to quantify the impact that atomic motion has on mechanical, thermal, electrical, and optical properties. This has aided the creation of all sorts of useful technology ranging …

A Pilot Study Of Solution-Focused Brief Therapeutic Intervention For Couples, J. Wade Stewart

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

A program was set to provide two 2-hour relationship consultations for couples. The purpose of this program was to attract couples that would not normally seek traditional therapy and/or relationship enrichment programs. The consultations were scheduled a month apart and were designed to be collaborative; the couple offered ideas for behaviors that they wanted to work on. Before the first consultation, each individual filled out several questionnaires about their relationship. In the initial session, the consultant reviewed the results with the couple pointing out the strengths of the couple. In addition, during the initial session, the couple also collaboratively created …

“I Neither Omit Aught, Nor Have I Omitted Aught”: Embodying A Sovereign—The Resident Ambassador In The Elizabethan Court, 1558-1560, Sarah M. Gawronski

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

In November 1558, Elizabeth I ascended the throne of England as a single Queen with Protestant tendencies in a male-dominated Catholic world. Her council believed it was imperative that she marry immediately, and the rest of Western Europe agreed. Catholic suitors sought to bring England back under Catholic control. Protestant suitors hoped for an ally in the religious wars that were ravaging Europe. Even Englishmen sought to become king. Ambassadors from the Spanish Empire, the Holy Roman Empire, and the Baltics and Scotland came to negotiate the suits of their monarchs.

Ambassadorial correspondences are often used as primary source material …

Evaluation And Seismically Isolated Substructure Redesign Of A Typical Multi-Span Pre-Stressed Concrete Girder Highway Bridge, Brian D. Richins

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Seismic considerations greatly influence the lateral and vertical design of a structure, often necessitating larger elements than would otherwise be required. Seismic isolation greatly reduces the demands on a structure due to earthquake loading, allowing the use of smaller, more efficient members and foundations. This case study illustrates the theory and procedure of evaluating the response of a recently built multi-span highway bridge using the most recent (2009) AASHTO code. Based on this response, an equivalent structure was designed to incorporate a seismic isolation system, and the substructure of the isolated bridge redesigned to meet the reduced demands more economically. …

Asymptotic Multiphysics Modeling Of Composite Beams, Qi Wang

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

A series of composite beam models are constructed for efficient high-fidelity beam analysis based on the variational-asymptotic method (VAM). Without invoking any a priori kinematic assumptions, the original three-dimensional, geometrically nonlinear beam problem is rigorously split into a two-dimensional cross-sectional analysis and a one-dimensional global beam analysis, taking advantage of the geometric small parameter that is an inherent property of the structure.

The thermal problem of composite beams is studied first. According to the quasisteady theory of thermoelasticity, two beam models are proposed: one for heat conduction analysis and the other for thermoelastic analysis. For heat conduction analysis, two different …

Under What Conditions Do Community Demographics Influence Aggregate Recycling?, Edward Kotter

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Tons of household waste go to landfills throughout the western United States each year. Recycling has been a popular way for cities to extend the life of landfills by decreasing the amount of waste entering them. The development and implementation of recycling programs has not come without challenges. People recycle or do not recycle for different reasons. Much research has been done to understand who recycles, who does not recycle, and what recycling program characteristics elicit greater participation. This study adds to the existing body of literature by focusing on determinants of community-level recycling in the western United States. This …

Have Introduced Brown Trout (Salmo Trutta) Affected Native Aquatic Vertebrates In Western United States Streams?, Nora K. Burbank

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The introduction of exotic species to areas outside of their native range is one of the greatest threats to the biodiversity of native freshwater organisms. Exotic species have outcompeted native species for resources such as food and shelter, and in some cases these interactions have resulted in local extinctions or reductions in abundance of those native species. Brown trout are native to Eurasia, but have been introduced to much of the rest of the world, including the United States. In some parts of their introduced range, brown trout have substantially reduced the abundance and home ranges of some native fish …

Class-Wide Respect And Social Support Skill Training To Increase Peer Interactions Of Students With Autism Spectrum Disorders, Melanie Orton

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The demand for effective social skills interventions for children with autism spectrum disorders is a pertinent issue for school-based professionals. One approach to increase appropriate social skills is to involve peer support by training a few socially competent children to positively interact with a student with an ASD. Potentially, training larger groups of children could result in increasing the number of different peers who would actively support positive interactions with their classmates with ASD. Thus, the present study investigated the effect of a class-wide peer-training strategy on the percentage of positive social interaction and number of peer contacts for three …

Optimization Of Dissolved Air Flotation For Algal Harvesting At The Logan, Utah Wastewater Treatment Plant, Andrew R. Elder

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Research being completed at the Logan, UT wastewater treatment plant could provide a locally-sourced gasoline replacement by collecting algae that grows naturally. This process would also provide the City of Logan with a method to meet certain standards set by the state of Utah.

Problem and proposed solution:

The water leaving Logan’s wastewater treatment plant has high levels of phosphorus and nitrogen, two elements that are found in all wastewater treatment plants. These two substances need to be controlled, because they kill fish and cause pond scum to grow in recreational reservoirs downstream. A unique method has been found to …

Movement Of Air Through Submerged Air Vents, Clay W. Woods

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The Utah Water Research Lab (UWRL) proposes to study the behavior of air bubbles in submerged vent tubes. This study is coordinated with a study for the Las Vegas wastewater treatment system that discharges into Lake Mead. The UWRL collaborates with government agencies and private companies to research water-related issues around the world. The behavior of air bubbles is of interest in order to more efficiently vent air from pipelines with submerged vent tubes. The Las Vegas wastewater treatment system discharges into Lake Mead and is required to meet an environmental guideline that no air bubbles are discharged into the …

Characterizing Water And Nitrogen Dynamics In Urban/Suburban Landscapes, Hongyan Sun

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

This research investigated the water use of different plant types in urban landscapes, nitrogen (N) and water transport in turf, and potential N leaching from urban landscapes to ground water. In the first study, three landscape treatments integrating different types of plants—woody, herbaceous perennial, turf—and putative water use classifications—Mesic, Mixed, Xeric—were grown in large drainage lysimeters. Each landscape plot was divided into woody, turf, and herbaceous perennial plant hydrozones and irrigated for optimum water status over two years, with water use measured using a water balance approach. For woody plants and herbaceous perennials, canopy cover, rather than plant type or …

Evaluation Of An Incompressible Energy-Vorticity Turbulence Model For Fully Rough Pipe Flow, Doug F. Hunsaker

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Traditional methods of closing the Boussinesq-based Reynolds-averaged Navier-Stokes equations are considered, and suggestions for improving two-equation turbulence models are made. The traditional smooth-wall boundary conditions are shown to be incorrect, and the correct boundary conditions are provided along with sample solutions to traditional models. The correct boundary condition at a smooth wall for dissipation-based turbulence models is that which forces both the turbulent kinetic energy and its first derivative to zero. Foundations for an energy-vorticity model suggested by Phillips are presented along with the near-smooth-wall behavior of the model. These results show that at a perfectly smooth wall, the turbulent …

Effect Of Vegetation On The Accumulation And Melting Of Snow At The Tw Daniels Experimental Forest, Vinod Mahat

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Snow melt is an important component of Western US water resources, accounting for about 50-80% of the annual runoff. Water resources management requires prediction of runoff from snowmelt accounting for the variability of vegetation present in heterogeneous watersheds. This dissertation has examined ways to improve snowmelt modeling capability to better account for vegetation canopy effects on snowmelt and has presented enhancements to an energy balance model that include i) an improved representation of the transmission of radiation through the canopy, ii) an improved representation of the atmospheric transport of heat and water vapor between the snow on the ground, in …

Axisymmetric Finite Element Modeling Of Adhesive Joint Between A Laminated Composite And Metal Cylinder, Casey A. Talbot

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

Because lowering weight as much as possible is desirable in all applications designed to go to space, the use of composite materials is desirable. Composites are materials that are made up of two or more separate materials usually with significantly different characteristics which remain separate and distinct in their completed state. Fiber-reinforced epoxy composites, in general, are very strong and light. Because most space structures cannot solely be made of composites, a method to join them with metals is needed. Adhesive joining, or gluing, has been determined to be the most promising option.

For the joining technique to be used, …