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2012

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The Political Turn In American Administrative Law: Power, Rationality, And Reasons, Jodi L. Short Jan 2012

The Political Turn In American Administrative Law: Power, Rationality, And Reasons, Jodi L. Short

Faculty Scholarship

No abstract provided.


The Supreme Court’S Recent Class Action Jurisprudence: Gazing Into A Crystal Ball, Mary Kay Kane Jan 2012

The Supreme Court’S Recent Class Action Jurisprudence: Gazing Into A Crystal Ball, Mary Kay Kane

Faculty Scholarship

No abstract provided.


The Return Of Biological Race? Regulating Race And Genetics Through Administrative Agency Race Impact Assessments, Osagie K. Obasogie Jan 2012

The Return Of Biological Race? Regulating Race And Genetics Through Administrative Agency Race Impact Assessments, Osagie K. Obasogie

Faculty Scholarship

No abstract provided.


Moore Is Less: Why The Development Of Induced Pluripotent Stem Cells Might Radically Upend Property Law Concerning Human Tissues As We Know It, Osagie K. Obasogie, Helen Theung Jan 2012

Moore Is Less: Why The Development Of Induced Pluripotent Stem Cells Might Radically Upend Property Law Concerning Human Tissues As We Know It, Osagie K. Obasogie, Helen Theung

Faculty Scholarship

No abstract provided.


Shifting Losses: The Impact Of Fannie's And Freddie's Conservatorships On Commercial Banks Articles, Essays, And Transcripts, Julie Andersen Hill Jan 2012

Shifting Losses: The Impact Of Fannie's And Freddie's Conservatorships On Commercial Banks Articles, Essays, And Transcripts, Julie Andersen Hill

Essays, Reviews, and Shorter Works

No abstract provided.


The First Amendment's Epistemological Problem Symposium: The First Amendment In The Modern Age: Essay, Paul Horwitz Jan 2012

The First Amendment's Epistemological Problem Symposium: The First Amendment In The Modern Age: Essay, Paul Horwitz

Essays, Reviews, and Shorter Works

No abstract provided.


What Ails The Law Schools 2013 Survey Of Books Related To The Law: Review, Paul Horwitz Jan 2012

What Ails The Law Schools 2013 Survey Of Books Related To The Law: Review, Paul Horwitz

Essays, Reviews, and Shorter Works

No abstract provided.


The History Of English Law Before The Time Of Edward I, By Frederick Pollock And Frederic William Maitland Book Review, Paul M. Pruitt Jr. Jan 2012

The History Of English Law Before The Time Of Edward I, By Frederick Pollock And Frederic William Maitland Book Review, Paul M. Pruitt Jr.

Essays, Reviews, and Shorter Works

No abstract provided.


Act Iii Of The Ministerial Exception Colloquy Essay, Paul Horwitz Jan 2012

Act Iii Of The Ministerial Exception Colloquy Essay, Paul Horwitz

Essays, Reviews, and Shorter Works

The Supreme Court's recent decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC marks a resounding victory for the principle of church self-governance and the autonomy of religious institutions. But it is just the beginning of the story, not the end. Hosanna-Tabor properly recognizes that a significant measure of church autonomy is a key element part of the American church-state settlement, and may signal a broader recognition of the important role played by nonstate institutions in our social infrastructure. But it does not tell us how churches should behave under such a regime of autonomy, or how those inside …


Delineating Sexual Dangerousness, Fredrick E. Vars Jan 2012

Delineating Sexual Dangerousness, Fredrick E. Vars

Articles

Only “dangerous” individuals may be indefinitely detained. Is a one percent chance of a future crime clear and convincing evidence of dangerousness? For sex offenders, fear and uncertainty in case law leave open this passage to limbo. This Article closes it. The due process balancing test used to evaluate standards of proof provides the framework. This Article explains the relationship between the standard of proof and the definition of “dangerous” and argues that only an approach combining the two is consistent with the Constitution. Applying decision theory with assumptions favoring the government, this Article calculates a minimum likelihood of recidivism …


Ecological And Sociological Considerations Of Wind Energy: A Multidisciplinary Study, Lucas J. Bicknell Jan 2012

Ecological And Sociological Considerations Of Wind Energy: A Multidisciplinary Study, Lucas J. Bicknell

Environmental and Conservation Sciences

Wind energy is quickly becoming a critical technology for providing Americans with renewable energy, and rapid construction of wind facilities may have impacts on both wildlife and human communities. Understanding both the social and ecological issues related to wind energy development could provide a framework for effectively meeting human energy needs while conserving species biodiversity. In this research I looked at two aspects of wind energy development: public attitudes toward wind energy development and wind facility impacts on local bat populations. These papers present aspects of wind energy development that have been the subject of increasing study. This preliminary research …


Does Consumption Of Beef From Cattle Administered Growth-Enhancing Technology Trigger Early Estrus In Pre-Pubertal Gilts?, Giovana Maranho Anderson Jan 2012

Does Consumption Of Beef From Cattle Administered Growth-Enhancing Technology Trigger Early Estrus In Pre-Pubertal Gilts?, Giovana Maranho Anderson

Food Safety

The objective was to determine if pre-pubertal gilts supplemented ground beef obtained from steers implanted with growth enhancing technology caused precocious puberty. Twenty-four gilts were selected for the same birth date from common parentage. Upon reaching 61 days of age, daily delivery of the low-estrogenicity base diet was supplemented with: 114 g beef natural patty (NAT), 114 g beef patty from steers that had received growth promoting implants (100 mg trenbolone acetate and 14 mg estradiol benzoate; IMP), 198 g tofu patty (TOFU), or the negative control (base diet only; CON). The estradiol equivalents (ng/kg) of the TOFU were approximately …


Population Genetics Of The Western Prairie Fringed Orchid, Andrew August Ross Jan 2012

Population Genetics Of The Western Prairie Fringed Orchid, Andrew August Ross

Environmental and Conservation Sciences

The Western Prairie Fringed Orchid (WPFO) Platanthera praeclara is listed as a federally threatened species in the United States. The habitat of the WPFO is highly fragmented, causing the possibility of genetic isolation among populations. I assessed microsatellite polymorphism in eight WPFO populations using six polymorphic microsatellite markers. High levels of within population genetic diversity were found: 12.5 alleles per locus and mean expected heterozygosity (HE) of 0.622. The genetic structure among the populations was weak; the overall FST value was 0.0692. A mantel test showed no correlation between genetic and geographic distance r = 0.2793 (P = 0.31). The …


Occurrence Of Salmonella And Listeria Monocytogenes In Ready To Eat Meats In The United States: 2000-2010, Anthony Wilfred Ntaate Jan 2012

Occurrence Of Salmonella And Listeria Monocytogenes In Ready To Eat Meats In The United States: 2000-2010, Anthony Wilfred Ntaate

Food Safety

The purpose of this review is to characterize the occurrence of Salmonella and Listeria monocytogenes in ready to eat (RTE) meats in the United States between the years 2000-2010. Data were obtained from the CDC foodborne outbreak online database, morbidity and mortality weekly reports, summary of notifiable diseases and the foodborne outbreaks page. Additional information was obtained from peer reviewed journals. RTE roast pork, turkey deli meat, and Italian type salami meats were the vehicles in the Salmonella outbreaks reported. Half of the eight outbreaks reviewed were multistate in nature affecting many states and the rest were sporadic. The Salmonella …


Phosphate Removal And Recovery Using Iron Nanoparticles And Iron Cross-Linked Biopolymer, Talal Bakheet Almeelbi Jan 2012

Phosphate Removal And Recovery Using Iron Nanoparticles And Iron Cross-Linked Biopolymer, Talal Bakheet Almeelbi

Environmental and Conservation Sciences

Nanoscale zero-valent iron (NZVI) particles and iron cross-linked alginate (FCA) beads were successfully used for the first time for phosphate removal and recovery. NZVI was successfully used for phosphate removal and recovery. Batch studies indicated a removal of ~96 to 100% phosphate in 30 min (1, 5, and 10 mg PO43--P/L with 400 mg NZVI/L). Phosphate removal efficiency by NZVI was 13.9 times higher compared to Microscale ZVI (MZVI) particles. The successful rapid removal of phosphate by NZVI from aqueous solution is expected to have great ramification for cleaning up nutrient rich waters. The presence of sulfate, nitrate, and humic …


Ecological Complexity Of Non-Native Species Impacts In Desert Aquatic Systems, Sujan Maduranga Henkanaththegedara Jan 2012

Ecological Complexity Of Non-Native Species Impacts In Desert Aquatic Systems, Sujan Maduranga Henkanaththegedara

Environmental and Conservation Sciences

Without an adequate understanding of complex interactions between native and non-native species, management of invasive species can result in unforeseen detrimental impacts. I used both field and laboratory experiments to study reciprocal species interactions between the endangered Mohave tui chub (Siphateles bicolor mohavensis) and invasive western mosquitofish (Gambusia affinis). I also examined the impacts of both fish species on the aquatic invertebrate communities in desert springs. I demonstrate a case of intraguild predation (IGP) as a mechanism facilitating co-persistence of the endangered Mohave tui chub with invasive mosquitofish using field mesocosm experiments. In this case of IGP, adult tui chub …


Attenuation Of Nitrate From Simulated Agricultural Wastewater Using An Immobilized Anaerobic Biofilm, Mohammad Jahidul Anar Jan 2012

Attenuation Of Nitrate From Simulated Agricultural Wastewater Using An Immobilized Anaerobic Biofilm, Mohammad Jahidul Anar

Environmental and Conservation Sciences

A number of methods are currently in use for attenuating nitrates from wastewater with varying degrees of efficiency. Bioremediation using bacteria may be an efficient and cost effective method. In an anaerobic bioremediation system, nitrate can replace carbon dioxide as an electron acceptor and aids in nitrate attenuation by assimilatory reduction. The purpose of this study was to investigate nitrate attenuation in a hyperfiltration system using a pure culture of strictly anaerobic, facultative Methanobrevibacter ruminantium bacteria. Filtration experiments were conducted using amalgamated Na- montmorillonite clay-glass beads compacted at 500 psi differential hydraulic pressure with or without a biofilm. A simulated …


Oviposition Preference And Larval Host Range Of The Sugarbeet Root Maggot, Kondwani Richmond Msangosoko Jan 2012

Oviposition Preference And Larval Host Range Of The Sugarbeet Root Maggot, Kondwani Richmond Msangosoko

Entomology

The sugarbeet root maggot, Tetanops myopaeformis Röder, is native to North America; however, its main crop host, sugarbeet, Beta vulgaris L., was introduced to the continent from Europe. This study involved an investigation of the attractiveness of cultivated crops and native North American weed species for oviposition by T. myopaeformis and the relative suitability of these potential host plant species for larval development, thus potentially shedding light on the native and current host range of this pest. Females preferred to oviposit near the following plant species: sugarbeet; spinach, Spinacia oleroceae L.; palmer amaranth, Amaranthus palmeri S. Watts.; common lambsquarters, Chenopodium …


Where's The Revolution?: From "Code Year" To The Continuum Of Proceduracy, Christopher Aaron Lindgren Jan 2012

Where's The Revolution?: From "Code Year" To The Continuum Of Proceduracy, Christopher Aaron Lindgren

English

As the calendar turned over to 2012, an online learning initiative, Codecademy, declared it “Code Year”—the year “for everyone” to learn code. Within six months, this call has received much attention from the public and scholars in the university. Yet, this history and theory paper more deeply investigates this call for a new mass literacy, which was actually proposed back in the 1960s as procedural literacy, i.e., proceduracy. Accordingly, a history is told about how Computer Science ignored Alan Perlis’ call for procedural literacy and Rhetoric and Composition has just recently begun to address Marshall McLuhan’s media turn. From there, …


Heteronormative Recovery In The Bell Jar, Gretchen Therese Junglas Jan 2012

Heteronormative Recovery In The Bell Jar, Gretchen Therese Junglas

English

In Sylvia Plath’s novel The Bell Jar, Esther Greenwood struggles to form a true identity. She emulates many women as a way to see how various identities work for her. One of these identities is that of a lesbian. During the novel’s 1953 setting, lesbianism was not a socially acceptable lifestyle. Esther struggles with own internalized homophobia as well as the control of her doctors. She undergoes treatment during her hospitalization that is suggestive of sexual conversion therapy at the time, including the use of electricity as a tool of discipline. Doctors lead her toward an identity that is not …


"Where Everything Goes To Hell": Stephen King As Literary Naturalist, Meghan Joy Perry Jan 2012

"Where Everything Goes To Hell": Stephen King As Literary Naturalist, Meghan Joy Perry

English

In his bestselling nonfiction book about the horror genre, Danse Macabre, author Stephen King lists among his idols "the great naturalist writer Frank Norris" (336). While King primarily writes horror fiction, he has often noted his indebtedness to early American literary naturalists. As these naturalist writers have been such an influence in King's life and writing, it seems logical to explore whether King himself, in addition to being a horror writer, can also be considered a literary naturalist. By looking at ideas of both early and contemporary American literary naturalism, I explore how a variety of King's works utilize the …


"Who Are You And I...?": The Rhetoric Of Identity In The Aloha Eagles Letters, Rebecca Joy Hayes Jan 2012

"Who Are You And I...?": The Rhetoric Of Identity In The Aloha Eagles Letters, Rebecca Joy Hayes

English

In 1969, four years before the Supreme Court’s Roe v. Wade decision, Aloha Eagles, a Republican legislator in the North Dakota House of Representatives, proposed a House Bill 319 to legalize abortion in North Dakota. Throughout the legislative session, Eagles corresponded with many North Dakotans regarding the bill. This study asks how Eagles and her correspondents construct identities, such as mother, citizen, or medical professional, to support or oppose abortion. Using rhetorical and archival research methods to examine rhetorics of identity in 78 pairs of letters between Eagles and her correspondents, the study reveals that writers construct marital, professional, parental, …


Superheroes And Media: Commentaries About The American Media In Mark Millar And Brian Hitch's The Ultimates, Kelli Marie Muzzy Jan 2012

Superheroes And Media: Commentaries About The American Media In Mark Millar And Brian Hitch's The Ultimates, Kelli Marie Muzzy

English

Millar and Hitch’s The Ultimates, a reboot of the Marvel Avengers published shortly after the events of 9/11, provides a critique of the role of the American media in American society and politics. By tracing instances where reader participation is required to complete meaning in the text, we can examine how the creators construct the text to engage the reader through: audience participation, the construction and use of panels, and by discussing how the media shapes the reactions of American viewers. The reader learns to examine the text for instances where media or media events occur and to critically examine …


Bank Capital Regulation By Enforcement: An Empirical Study, Julie Andersen Hill Jan 2012

Bank Capital Regulation By Enforcement: An Empirical Study, Julie Andersen Hill

Articles

Improving commercial bank capital requirements has been a top priority on the regulatory agenda since the beginning of the 2008 financial crisis Unfortunately some of the information necessary to make informed decisions about capital regulation has been missing Existing regulations establish numerical capital requirements Regulators however have significant discretion to set higher capital requirements for individual banks In considering necessary reforms regulators often focus on specific numerical requirements but sometimes ignore the structure of the regulations and discretionary enforcement efforts Without clear information about discretionary capital enforcement actions it is impossible to make informed judgments about the current capital regulation …


An Entrepreneurial Perspective On The Business Of Being In Our Profession Conference: The Law: Business Or Profession: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Steven H. Hobbs Jan 2012

An Entrepreneurial Perspective On The Business Of Being In Our Profession Conference: The Law: Business Or Profession: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Steven H. Hobbs

Articles

No abstract provided.


Rethinking The Law, Not Abandoning It: A Comment On Overlapping Jurisdictions Articles From The Faulkner Law Review Symposium On Overlapping Jurisdictions: What Role For Conscience And Religion, Paul Horwitz Jan 2012

Rethinking The Law, Not Abandoning It: A Comment On Overlapping Jurisdictions Articles From The Faulkner Law Review Symposium On Overlapping Jurisdictions: What Role For Conscience And Religion, Paul Horwitz

Articles

No abstract provided.


Where You Stand Depends On Where You Sit: Immigrant Incorporation In Federal Workplace Agencies, Ming Hsu Chen Jan 2012

Where You Stand Depends On Where You Sit: Immigrant Incorporation In Federal Workplace Agencies, Ming Hsu Chen

Faculty Scholarship

This Article integrates social science theory about immigrant incorporation and administrative agencies with empirical data about immigrant-serving federal workplace agencies to illuminate the role of bureaucracies in the construction of rights. More specifically, it contends that immigrants' rights can be protected when workplace agencies incorporate immigrants into labor law enforcement in accordance with the agencies' professional ethos and organizational mandates. Building on Miles' Law that "where you stand depends on where you sit," this Article argues that agencies exercise discretion in the face of contested law and in contravention to a political climate hostile to undocumented immigrants for the purpose …


Rico, Corruption And White-Collar Crime, Pamela Bucy Pierson Jan 2012

Rico, Corruption And White-Collar Crime, Pamela Bucy Pierson

Articles

No abstract provided.


Alabama Tax Certificate Investors Beware: Negotiating Through The Labyrinth Of, And Important Limitations To Recovering Money In, The Redemption Process, Gary E. Sullivan Jan 2012

Alabama Tax Certificate Investors Beware: Negotiating Through The Labyrinth Of, And Important Limitations To Recovering Money In, The Redemption Process, Gary E. Sullivan

Articles

No abstract provided.


Irregular Kelo Takings: A Potential Response To Natural Disasters, Fredrick E. Vars Jan 2012

Irregular Kelo Takings: A Potential Response To Natural Disasters, Fredrick E. Vars

Articles

No abstract provided.