Digital Commons Network^™

Abandoning An "Unethical" System Of Legal Ethics, David R. Barnhizer

Law Faculty Articles and Essays

It is time to abandon the pretense of "legal ethics" as an independent lawyer-run system and to design a civil liability system in which lawyers can be held accountable to wronged clients at reasonable costs with ready access and fair modes of proof. To the extent that the system of ethics actually caused lawyers to act "ethically" (which is a major and largely unsupportable supposition), the competitive dynamics of the legal profession, coupled with the significant decline in values, honesty, and accountability in American society, have rendered even that historically suspect system illegitimate. This does not mean that there are …

Ripple Effects: The Unintended Change To Jurisdictional Pleading Standards After Iqbal, James E. Von Der Heydt

Cleveland State Law Review

This Note describes a little-observed ripple effect of the new pleading standard announced in Iqbal, the antiterrorism case whose holding swept broadly and changed the ground rules for considering allegations in so-called 12(b)(6) motions for all civil cases. This Note examines the interplay between the Twombly/Iqbal doctrine and federal courts’ practical approach to subject-matter jurisdiction. Part II describes the background jurisprudence on subject-matter jurisdiction, including the sharp line the Supreme Court has consistently re-drawn between claims lacking merit and those lacking jurisdictional basis, from Bell v. Hood through Arbaugh v. Y & H Corp. The consistent theme of this jurisprudence …

The George T. Bisel Company And Its Publications (1875-2011), Joel Fishman

Law Faculty Publications

Research in the area of law book publishing is an open field of study. Michael Hoeflich's Antebellum Law Book Publishing (2010) is a model work on the rise of the law book industry in the first half of the nineteenth century. Philadelphia served as a major city for law book publishing throughout the eighteenth and nineteenth centuries as reflected in Morris Cohen's Bibliography of Early American Law (BEAL).

The Influence Of Membrane Cholesterol-Related Shear Stress Mechanosensitivity On Neutrophil Flow Behavior, Xiaoyan Zhang

Theses and Dissertations--Biomedical Engineering

Hypercholesterolemia is a dominant risk factor for a variety of cardiovascular diseases and involves a chronic inflammatory component in which neutrophil activity plays a critical role. Recently, fluid shear stress mechanotransduction has been established as a control mechanism that regulates the activity of neutrophils by reducing the formation of pseudopods and the surface expression of CD18 integrins, thereby rendering these cells rounded, deformable, and non-adhesive. This is critical for maintaining a healthy circulation, because chronically activated neutrophils not only release excess cytotoxic and degradative agents but also exhibit a reduced efficiency to pass through the small vessels of the microcirculation …

Superweeds And Suspect Seeds: Does The Genetically-Engineered Crop Deregulation Process Put American Agriculture At Risk, Margaret Sova Mccabe

Law Faculty Scholarship

The federal government’s regulatory approach to genetically engineered (GE) crops, known as “The Framework”, is now twenty-five years old. Despite two and half decades of a consistent regulatory regime, GE crop and food regulation remains controversial. This article suggests that regulatory science and its tenets of independence, transparency, and public science should guide reforms of The Framework so that it is an efficient and reliable regulatory system. The article has four parts: 1) it provides a brief overview of the history of GE crop regulation; 2)it describes the key attributes of The Framework and related regulatory documents, with particular focus …

Kentucky Traffic Collision Facts 2012 Report, Kentucky Transportation Center, Kentucky State Police

Kentucky Transportation Center Research Report

KENTUCKY’S TRAFFIC COLLISION FACTS report for 2012 is based on collision reports submitted to the Kentucky State Police Records Branch. As required by Kentucky Revised Statutes 189.635, “every law enforcement agency whose officers investigate a vehicle accident of which a report must be made...shall file a report of the accident...within ten days after investigation of the accident upon forms supplied by the bureau.” The stated purpose of this requirement is to utilize data on traffic collisions for such purposes as will improve the traffic safety program in the Commonwealth. Data contained in this report are based solely on the observations …

Urinary Antimicrobial Peptides And The Urinary Microbiota In A Uti-Susceptible Population Of Female Pelvic Floor Surgery Patients, Vanessa Nienhouse

Master's Theses

Urinary tract infections (UTI)s are a national priority. Women who undergo surgery for pelvic floor disorders such as pelvic organ prolapse (POP) or urinary incontinence (UI) are at increased risk for UTI, as 10-30% will contract a post-instrumentation UTI (postI-UTI) within six weeks after surgery. Currently, the factors that contribute to the high rate of postI-UTI are unknown, and there is currently no clinical assessment to identify at-risk patients. However, antimicrobial peptides (AMPs) and characteristics of the urinary microbiota have the potential to serve as biomarkers, identifying patients at UTI risk and facilitating clinical prevention studies.

While it was previously …

Binge Ethanol Leads To Decreased Macrophage Accumulation In Infected Cutaneous Wounds, Sara Hlavin

Master's Theses

Trauma patients who consumed alcohol prior to sustaining injuries have higher rates of morbidity and mortality than those with comparable injuries who did not drink. Additionally, those who drank had impaired wound healing and increased susceptibility to infection. Despite these clinical observations, few studies have explored the effect of ethanol on the innate immune cell function in a healing wound or how this may alter resolution of cutaneous infection. A murine model of ethanol and cutaneous wound infection was used to examine bacterial growth and recruitment of innate immune cells. Mice were given either ethanol (2.2 g/kg) or saline 30 …

Attraction Of Stomoxys Sp. To Various Fruits And Flowers In Mali, Günter Müller, Jerome Hogsette, University Of Miami Beier, University Of Bamako, M.B. Toure, M.M. Traore, S. Bah, S. Doumbia, Y. Schlein

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The attraction of three Stomoxys species to 26 fruits and 26 flowers of different plant species was investigated in two different sites in Mali during 2008. Stomoxys niger bilineatus Grunberg (Diptera: Muscidae) was attracted to a wider spectrum of species, significantly attracted by four fruits and eight flowers compared with control traps, whereas S. sitiens Rondani (Diptera: Muscidae) was attracted to six fruits and seven flowers of different plants, and S. calcitrans L. (Diptera: Muscidae) was only attracted to one fruit and three flowers. Cold anthrone assays showed a significantly higher prevalence of sugar feeding amongst all three species at …

Germination And Emergence Tests For Predicting Switchgrass Field Establishment, Robert B. Mitchell, K. P. Vogel

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The effect of switchgrass (Panicum virgatum L.) seed quality tests on field establishment has been addressed inadequately. Our objective was to evaluate the ability of seed quality tests to predict field establishment. Standard Association of Official Seed Analysts (AOSA) tests are based on the percentage of seeds in a seedlot that germinate under standard laboratory conditions, whereas the seedlot establishment tests (SETs) are based on the number of seeds that emerge per gram of seed using different germination or stress test conditions. The SET was determined using six laboratory tests and the results validated in three replicated field trials. …

Identification Of Source-Sink Dynamics In Mountain Lions Of The Great Basin, Alyson M. Andreasen, Kelley M. Stewart, William S. Longland, Jon P. Beckmann, Matthew L. Forister

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Natural and anthropogenic boundaries have been shown to affect population dynamics and population structure for many species with movement patterns at the landscape level. Understanding population boundaries and movement rates in the field for species that are cryptic and occur at low densities is often extremely difficult and logistically prohibitive; however genetic techniques may offer insights that have previously been unattainable. We analyzed thirteen microsatellite loci for 739 mountain lions (Puma concolor) using muscle tissue samples from individuals in the Great Basin throughout Nevada and the Sierra Nevada mountain range to test the hypothesis that heterogeneous hunting pressure …

Opportunities And Challenges From The Use Of Genomic Selection For Beef Cattle Breeding In Latin America, Hugo H. Montaldo, Eduardo Casas, José Bento Sterman Ferraz, Vicente E. Vega-Murillo, Sergio Iván Román-Ponce

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

In 2009, Latin American countries had approximately 401 million cattle (29% of the world’s total cattle population) and produced 8.2 million tonnes of beef, equivalent to 29% of the world’s total production (FAO, 2011). Beef in Latin American countries is produced under widely differing climates (ranging from tropical to temperate), resources available (vegetation, food), types of markets, and genetic backgrounds of the animals. The main production systems are classified as beef and dual-purpose cattle. The genetic backgrounds of animals vary from purebred European (Bos taurus taurus) or Zebu (Bos taurus indicus) to crossbreeds (Figures 1 and …

Molecular Crosstalk Between A Chemical And A Biological Stressor And Consequences On Disease Manifestation In Rainbow Trout, Richard Burki, Aleksei Krasnov, Kathrin Bettge, Caird E. Rexroad Iii, Sergey Afanasyev, Miia Antikainen, Patricia Burkhardt-Holm, Thomas Wahli, Helmut Segner

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The aim of the present study was to examine the molecular and organism reaction of rainbow trout, Oncorhynchus mykiss, to the combined impact of two environmental stressors. The two stressors were the myxozoan parasite, Tetracapsuloides bryosalmonae, which is the etiological agent of proliferative kidney disease (PKD) and a natural stressor to salmonid populations, and 17β-estradiol (E2) as prototype of estrogen-active chemical stressors in the aquatic environment. Both stressors, the parasite and estrogenic contaminants, co-exist in Swiss rivers and are discussed as factors contributing to the decline of Swiss brown trout populations over the last decades. Using a microarray …

Chapter 6: Environmental Impacts Of Switchgrass Management For Bioenergy Production, R. Howard Skinner, Walter Zegada-Lizarazu, John P. Schmidt

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

In this chapter, we review major environmental impacts of growing switchgrass as a bioenergy crop, including effects on carbon sequestration, greenhouse gas emissions, soil erosion, nutrient leaching, and runoff. Information from life cycle analyses, including the effects of indirect land use change (iLUC), is examined to quantify the full impact of migration to bioenergy cropping systems on both managed and natural ecosystems. Information on the environmental impacts of switchgrass cultivation is scarce and there exists a critical need for additional research. What limited information there is suggests that switchgrass provides multiple environmental benefits compared to annual crop cultivation. However, benefits …

Chapter 20: Pecan, Tommy E. Thompson, Patrick J. Conner

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The pecan, Carya illinoinensis (Wangenh.) K. Koch, is the most economically important member of the Carya genus and is the most valuable native North American nut crop. The Carya genus is a member of the walnut family, Juglandaceae, and comprises 20 species. Over 98% of the world’s annual pecan production is produced in the southern USA and northern Mexico. Pecan is a diploid (n = 16), monoecious, long-lived tree species. Owing to its heterodichogamy, pecan is primarily cross-pollinated, resulting in high heterozygosity with severe inbreeding depression when selfed. Establishment of commercial pecan orchards during the nineteenth century was mainly …

Female Mating Failure And The Failure Of ‘Mating’ In Sterile Insect Programs, Diana Pérez-Staples, Todd E. Shelly, Boaz Yuval

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The sterile insect technique (SIT) involves the inundative release of irradiated (sterile or partially sterile) insects to decrease population levels in a target pest species. The effectiveness of SIT programs depends on sterile males mating successfully and inducing reproductive failure in wild females, or in the F1 generation in the case of lepidopteran species. Thus, from the perspective of insect control, female mating failure involves mating with a mass-reared, sterilized male, which then results in female reproductive failure. Here, we review female mating failure in the context of SIT at two stages. First, at the pre-copulatory stage we consider factors …

Effects Of Floral And Extrafloral Resource Diversity On The Fitness Of An Omnivorous Bug, Orius Insidiosus, Lorena Pumariño, Oscar Alomar, Jonathan G. Lundgren

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Habitat manipulation and increasing biodiversity are important approaches that enhance biological control of pests, but it is important to evaluate the relative benefits of specific plant species when designing conservation programs. Orius insidiosus Say (Hemiptera: Anthocoridae) is an important predator of thrips and aphids that also feeds on plants. It is the target of conservation biological control programs. Despite O. insidiosus’ relevance, little is known about the effects of plant subsidies on predator performance or nutritional status. Here, we examined the influence of restricting the pollen and nectar resources of five plant species (alyssum, buckwheat, phacelia, fava bean, and chamomile), …

Mapping Daily Evapotranspiration At Landsat Spatial Scales During The Bearex’08 Field Campaign, Martha C. Anderson, William P. Kustas, Joseph G. Alfieri, Feng Gao, Christopher R. Hain, John H. Prueger, Steven Evett, Paul D. Colaizzi, Terry A. Howell, Jose L. Chávez

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Robust spatial information about environmental water use at field scales and daily to seasonal timesteps will benefit many applications in agriculture and water resource management. This information is particularly critical in arid climates where freshwater resources are limited or expensive, and groundwater supplies are being depleted at unsustainable rates to support irrigated agriculture as well as municipal and industrial uses. Gridded evapotranspiration (ET) information at field scales can be obtained periodically using land–surface temperature-based surface energy balance algorithms applied to moderate resolution satellite data from systems like Landsat, which collects thermal-band imagery every 16 days at a resolution of approximately …

Early Weaning In Northern Great Plains Beef Cattle Production Systems: I. Performance And Reproductive Response In Range Beef Cows, R.C. Waterman, T.W. Geary, J.A. Paterson, R.J. Lipsey

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

A study was conducted to determine if early weaning spring born calves can be an alternative management strategy during drought and if early weaning facilitates rebreeding of young cows. Our objectives were to determine effects of early weaning at the start of breeding on cow body weight, body condition score, and reproductive performance with or without estrous synchronization and AI in two herds in the Northern Great Plains, USA. In Exp.1and 2, crossbred cows were stratified within cow age by postpartum interval, and calf sex, and were assigned within strata to one of two weaning treatments at the start of …

Biofuel Production From Water Hyacinth In The Pantanal Wetland, Ivan Bergier, Suzana M. Salis, César H.B. Miranda, Enrique Ortega, Carlos A. Luengo

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The Pantanal is a major wetland in the inner South America, with the potential for production of large quantities of biomass of aquatic floating species, especially water hyacinth (Eicchornia crassipes and E. azurea), during the aquatic phase of the flood pulse characteristic for this ecosystem. Such biomass could be wisely managed for the production of biofuels. This should be based on the concepts of renewability and ecosystem surplus, and could help in neutralizing of regional and global industrial carbon impacts and to induce socioeconomic development. The aquatic biomass exploitation would require low fossil energy and materials inputs, leaving …

Links Among Nitrification, Nitrifier Communities, And Edaphic Properties In Contrasting Soils Receiving Dairy Slurry, Ann-Marie Fortuna, C. Wayne Honeycutt, George Vandemark, Timothy S. Griffin, Robert P. Larkin, Zhongqi He, Brian J. Wienhold, Karamat R. Sistani, Stephan L. Albrecht, Bryan L. Woodbury, Henry A. Torbert, J. Mark Powell, Robert K. Hubbard, Roger A. Eigenberg, Robert J. Wright, J. Richard Alldredge, James B. Harsh

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Soil biotic and abiotic factors strongly influence nitrogen (N) availability and increases in nitrification rates associated with the application of manure. In this study, we examine the effects of edaphic properties and a dairy (Bos taurus) slurry amendment on N availability, nitrification rates and nitrifier communities. Soils of variable texture and clay mineralogy were collected from six USDA–ARS research sites and incubated for 28 d with and without dairy slurry applied at a rate of ~300 kg N ha⁻¹. Periodically, subsamples were removed for analyses of 2 M KCl extractable N and nitrification potential, as well …

A Submersible Magnetic Stirrer For Use In Measuring Photosynthesis In A Biofloc Technology Production System, Bartholomew W. Green, E. Gregory O'Neal

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Measuring photosynthesis or primary productivity in biofloc technology production systems is challenging because the biofloc must be maintained in suspension constantly. Photosynthesis can be measured in external incubators designed to keep the biofloc suspended in the biochemical oxygen demand (BOD) bottle, but primary productivity must be measured in the biofloc technology production system culture unit. Therefore, a submersible device is required to keep the biofloc suspended in the BOD bottle. This report details a submersible, air-powered magnetic stirrer that we designed, fabricated from off-the-shelf materials, and tested in biofloc technology production system tanks.

Not A Free Press Court?, Lyrissa Barnett Lidsky

UF Law Faculty Publications

The last decade has been tumultuous for print and broadcast media. Daily newspaper circulation continues to fall precipitously, magazines struggle to survive, and network television audiences keep shrinking. In the meanwhile, cable news is prospering, mobile devices are contributing to increased news consumption, and many new media outlets appear to be thriving. Despite the dynamism in the media industry, the Supreme Court under Chief Justice John Roberts has taken up relatively few First Amendment cases directly involving the media. The Court has addressed a number of important free speech cases since 2005, but thus far the only Roberts Court decisions …

Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers, Jonathan R. Cohen

UF Law Faculty Publications

As times of transition, conflicts often produce significant inner trials for parties. This paper categorizes some of the more common inner trials parties in conflict face (e.g., coping with loss, strong emotions, uncertainty, etc.) and suggests that, as liminal times in people’s lives, some conflicts may also hold within them important opportunities for learning, growth and self-definition. This paper also offers some ideas for how lawyers might best assist clients during such transitions.

Rethinking Federal Circuit Jurisdiction, Paul R. Gugliuzza

UF Law Faculty Publications

Thirty years ago, Congress created the Federal Circuit for the overriding purpose of bringing uniformity to patent law. Yet less than half of the court’s cases are patent cases. Most Federal Circuit cases involve veterans benefits, government-employment actions, government contracts, and other matters. Although existing literature purports to study the Federal Circuit as an institution, these projects focus largely on the court’s patent cases. This Article, by contrast, considers whether the court’s nonpatent docket might affect the development of patent law and whether the court’s specialization in patent law has consequences for how it decides nonpatent cases.

These inquiries result …

Response Of Sunshine Bass (Morone Chrysops X M. Saxatilis) To Digestible Protein/ Dietary Lipid Density And Ration Size At Summer Culture Temperatures In The Southern United States, Steven D. Rawles, Barholomew W. Green, T. Gibson Gaylord, Frederic T. Barrows, Matthew W. Mcentire, Donald W. Freeman

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Temperature andammonia levels often increase dramatically in ponds during summer production of sunshine bass and summer temperatures are projected to increase in the Southern US. Extended periods of high ammonia result in fish stress, disease, mortality and significant loss of feeding days as producers attempt to reduce ammonia to manageable levels through reduced feeding or lower protein diets. A factorial feeding trial was conducted in temperature controlled tanks to investigatemain and interactive effects of three digestible protein (DP) levels (33, 40, 47%), two lipid levels (10, 18%) and two ration levels (full fed: satiation, restricted: 80% of satiation) on growth, …

Next-Generation Sequencing Of Crown And Rhizome Transcriptome From An Upland, Tetraploid Switchgrass, Nathan A. Palmer, Aaron J. Saathoff, Jaehyoung Kim, Andrew Benson, Christian M. Tobias, Paul G. Twigg, Kenneth P. Vogel, Soundararajan Madhavan, Gautam Sarath

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The crown and rhizome transcriptome of an upland tetraploid switchgrass cultivar cv Summer well adapted to the upper Midwest was investigated using the Roche 454-FLX pyrosequencing platform. Overall, approximately one million reads consisting of 216 million bases were assembled into 27,687 contigs and 43,094 singletons. Analyses of these sequences revealed minor contamination with non-plant sequences (< 0.5%), indicating that a majority were for transcripts coded by the switchgrass genome. Blast2Gos comparisons resulted in the annotation of ~65% of the contig sequences and ~40% of the singleton sequences. Contig sequences were mostly homologous to other plant sequences, dominated by matches to Sorghum bicolor genome. Singleton sequences, while displaying significant matches to S. bicolor, also contained sequences matching non-plant species. Comparisons of the 454 dataset to existing EST collections resulted in the identification of 30,177 new sequences. These new sequences coded for a number of …

Lae1 Regulates Expression Of Multiple Secondary Metabolite Gene Clusters In Fusarium Verticillioides, Robert A.E. Butchko, Daren W. Brown, Mark Busman, Bettina Tudzynski, Philipp Wiemann

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The filamentous fungus Fusarium verticillioides can cause disease of maize and is capable of producing fumonisins, a family of toxic secondary metabolites linked to esophageal cancer and neural tube defects in humans and lung edema in swine and leukoencephalomalacia in equines. The expression of fumonisin biosynthetic genes is influenced by broad-domain transcription factors (global regulators) and Fum21, a pathway-specific transcription factor. LaeA is a global regulator that in Aspergillus nidulans, affects the expression of multiple secondary metabolite gene clusters by modifying heterochromatin structure. Here, we employed gene deletion analysis to assess the effect of loss of a F. verticillioides …

Chronic And Degenerative Diseases Similarities And Differences Between The Effects Of Epa And Dha On Markers Of Atherosclerosis In Human Subjects*, Darshan S. Kelley, Yuriko Adkins

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

We have reviewed effects of long chain (LC) n-3 PUFA on markers of atherosclerosis in human subjects with a focus on individual effects of EPA and DHA. Initial results from epidemiological studies suggested that LC n-3 PUFA from fish oils (FO) reduced incidence of CVD; those results have been confirmed in interventional studies. Dietary intervention with n-3 PUFA decreased fasting and postprandial TAG, number of remnant-like chylomicron particles, large VLDL, and total and small dense LDL particles. It increased mean size of LDL particles by increasing number of large and decreasing those of small dense particles. With some exceptions, n-3 …

The Constitutional Bond In Military Professionalism: A Reply To Professor Deborah N. Pearlstein, Diane H. Mazur

UF Law Faculty Publications

The Soldier, the State, and the Separation of Powers is important and very persuasive. (In this Response, I will call it Separation of Powers to distinguish it clearly from The Soldier and the State,7 the classic work on civil–military relations referenced in the title.) Professor Pearlstein asks the right questions and reaches the right conclusions—no small task when law professors have typically deferred to expertise in other fields, if not avoided the subject entirely.8 What do we mean by civilian control of the military? Where is the line between a military that offers its professional expertise to civilian decision makers …