Digital Commons Network^™

Influence Of Anomalous Dry Conditions On Aerosols Over India: Transport, Distribution And Properties, Dimitris G. Kaskaoutis, Ritesh Gautam, Ramesh P. Singh, E. E. Housos, D. Goto, S. Singh, A. Bartzokas, P. G. Kosmopoulos, Manish Sharma, N. C. Hsu, B. N. Holben, T. Takemura

Mathematics, Physics, and Computer Science Faculty Articles and Research

A synergy of satellite and ground-based radiometric observations, along with chemical transport modeling, was used for the assessment of the influence of drought monsoon conditions of 2002 and prolonged dry pre-monsoon period of 2003 on aerosol properties over south Asia, with emphasis over northern India. Reanalysis data are also examined for studying the dry anomalous period from the climatological mean, that show prevalence of westerlies under anticyclonic circulation and subsidence favoring the accumulation of aerosols. TRMM observations over south Asia indicate significant rainfall deficit over northwestern India in July 2002 and May-June 2003. Subsequently, the anomalous and prolonged dry conditions …

Everything Is Entangled, Roman V. Buniy, Stephen D. H. Hsu

Mathematics, Physics, and Computer Science Faculty Articles and Research

We show that big bang cosmology implies a high degree of entanglement of particles in the universe. In fact, a typical particle is entangled with many particles far outside our horizon. However, the entanglement is spread nearly uniformly so that two randomly chosen particles are unlikely to be directly entangled with each other - the reduced density matrix describing any pair is likely to be separable.

Probing Molecular Mechanisms Of The Hsp90 Chaperone: Biophysical Modeling Identifies Key Regulators Of Functional Dynamics, Anshuman Dixit, Gennady M. Verkhivker

Mathematics, Physics, and Computer Science Faculty Articles and Research

Deciphering functional mechanisms of the Hsp90 chaperone machinery is an important objective in cancer biology aiming to facilitate discovery of targeted anti-cancer therapies. Despite significant advances in understanding structure and function of molecular chaperones, organizing molecular principles that control the relationship between conformational diversity and functional mechanisms of the Hsp90 activity lack a sufficient quantitative characterization. We combined molecular dynamics simulations, principal component analysis, the energy landscape model and structure-functional analysis of Hsp90 regulatory interactions to systematically investigate functional dynamics of the molecular chaperone. This approach has identified a network of conserved regions common to the Hsp90 chaperones that could …

Impact Of Vegetation On Land-Atmosphere Coupling Strength And Its Implication For Desertification Mitigation Over East Asia, Boksoon Myoung, Yong-Sang Choi, Suk-Jin Choi, Seon Ki Park

Mathematics, Physics, and Computer Science Faculty Articles and Research

Desertification of the East Asian drylands and the consequent dust transport have been serious concerns for adjacent Asian countries as well as the western United States. Tree planting has been considered one applicable strategy to mitigate the desertification. However, the desired effect of the tree planting would not be brought to fruition unless the newly planted trees change the coupling characteristics between the land and the atmosphere. Based on this perception, we attempt to clarify the effects of vegetation on the coupling strength between the atmosphere and land surface, and we suggest the most efficient areas of tree planting for …

Persons Affected By Traumatic Brain Injury In The Workplace; Implications For Employee Assistance Programs, Dale Margolin Cecka

Law Faculty Publications

Employee Assistance Programs often provide behavioral health services to employees. The article discusses issues related to employees affected by traumatic brain injury such as psychosocial challenges that may accompany reentry into the workplace. Strategies that employers may utilize to accommodate such challenges are presented. Implications for practitioners are explored within the context of the Americans with Disabilities Act, disability management, and human resources.

What Do America's First Patents Have To Do With Today's?, Kristen Jakobsen Osenga

Law Faculty Publications

In an invited response to an article by Prof. Michael Risch, Prof. Osenga reexamines some of the conclusions drawn by his study of early American Patents and what they suggested about inventors' perceptions of patentability.

The Shape Of Things To Come: What We Can Learn From Patent Claim Length, Kristen Jakobsen Osenga

Law Faculty Publications

Technology is always changing. Patent law is also constantly evolving, as the courts and Congress continue to make significant changes to this area of law. But what about patents themselves? Some studies have looked at how patent specifications have changed over time, but no one has looked specifically at the most important aspect of a patent, its claims. Given the changes in technology and law, one would anticipate patent claims to have evolved.

Despite the expectations, this paper concludes that patent claim shape is largely unaffected by time, technology, crowded fields, or prosecution time. This paper suggests a possible reason …

What’S Sovereignty Got To Do With It?: Due Process, Personal Jurisdiction And The Supreme Court, Wendy Collins Perdue

Law Faculty Publications

In this symposium contribution I do two things. First, I explore the relationship between sovereignty and due process in personal jurisdiction in some of the more problematic aspects of the Nicastro opinions. I conclude that, although at one time the concept of sovereignty provided an important analytic component of personal jurisdiction analysis, this is largely no longer true.

Litigating Federal Health Care Legislation And The Interstices Of Procedure,, Wendy Collins Perdue

Law Faculty Publications

Forward to the 2012 Allen Chair Symposium issue, focused on the litigation challenges to the Patient Protection and Affordable Care Act ("ACA").

Response: There Is No New General Common Law Of Severability, Kevin C. Walsh

Law Faculty Publications

In this solicited response to The New General Common Law of Severability, I first offer an interpretation of Ayotte and subsequent Supreme Court decisions as continuous with existing doctrine instead of a departure from it. I then suggest that much of Scoville’s evidence for a federalization of severability doctrine is better viewed as evidence of doctrinal looseness rather than of doctrinal change. I conclude by returning to the lessons of severability’s doctrinal history, suggesting that the prehistory of severability doctrine may supply a better guide for how courts should deal with problems of partial unconstitutionality in the future.

Defamation In Good Faith: An Argument For Restating The Defense Of Qualified Privilege, A.G. Harmon

Scholarly Articles

Since the 1964 case of New York Times v. Sullivan, the standard for proving defamation has often proven insurmountable to public figure plaintiffs who claim their reputations have been hurt through libel or slander. But, the standard can prove equally insurmountable to "private figure" plaintiffs when a qualified, or "conditional," privilege applies. Such privileges, intended to further the social policy of candor on certain proscribed occasions, can be claimed regarding otherwise questionable conversations as long as the dialogue is made: 1) in good faith; 2) about a subject in which the speaker has an interest or duty; 3) within a …

The Plural Of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology To Improve Access To Justice In Unemployment Insurance Appeals, Faith Mullen

Scholarly Articles

This project is part of Professor Mullen's larger Bellow Scholars research agenda, which concerns access-to-justice issues at the OAH more generally. This project tried to ascertain whether self-represented parties (both employees3 and employers) in unemployment insurance (UI) appeals perceive a need for more legal assistance. For three weeks in November of 2009, law students from The Catholic University of America administered a survey that asked self-represented parties in UI appeals whether, based on their experiences in the hearing, they perceived a need for more legal assistance and whether there were aspects of the hearings that they found particularly challenging. Initially …

Federalism, Individual Rights And Judicial Engagement, Kurt T. Lash

Law Faculty Publications

Contemporary “rights talk” under the American Constitution tends to focus on individual rights or those rights that can be perfected in the case of a single individual. This would include, for example, the rights to free expression, free exercise of religion, sexual autonomy, or the right to equal treatment. Under the broad umbrella of individual-rights talk, theoretical discussions generally involve whether courts ought to recognize a particular individual right or what level of scrutiny (or engagement) ought to apply to judicially identified individual rights.

From the beginning of our history as a nation, however, the concept of legally cognizable rights …

Google Books: Finally, An Actual Fair Use Ruling!, James Gibson

Law Faculty Publications

One of our favorite topics in this Intellectual Property Issues series – perhaps the favorite – is Google Books, the massive project through which Google hopes to bring its search capability to the text of all books in the English language. To make a book’s text searchable, however, Google must scan the book. And scanning is copying. And copying usually means copyright infringement. Certainly the many authors and publishers who have sued Google take this view.

There are two ways to avoid infringement when copying a copyrighted book: get a license or prove that the copying constitutes fair use. Many …

Copyright And Federal Supremacy, James Gibson

Law Faculty Publications

The extent of federal power over our lives has been much in the news recently, what with the Supreme Court holding days of hearings on whether the Affordable Care Act is an unconstitutional exercise of Congress’s power under the Commerce Clause. Like the ACA, copyright regulation is federal, but it derives its constitutional authority from a different part of the Constitution, known as the Patent and Copyright Clause, which gives Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” …

Congress, Public Values, And The Taxing Power, Mary L. Heen

Law Faculty Publications

In an article published several years ago, I examined the financing dimension of private choice and proposed a framework for analyzing Congress’s taxing and spending decision-making processes. Although issues other than health care reform provided the impetus for the article, the framework developed there provides a broader perspective from which to consider the taxing power portion of Chief Justice Roberts’ opinion in National Federation of Independent Business v. Sebelius, 567 U.S. — (2012).

Cases And Materials On American Property Law, 6th Edition, Carol N. Brown

Law Faculty Publications

This casebook continues its traditional approach to the teaching of property law. The new edition features a number of new cases inserted into almost every chapter of the book. The notes and comments have been appropriately updated. The opening chapter continues to include a section of cases designed to hone a student's skill in close case analysis. The book in its entirety introduces students to a broad spectrum of material traditionally covered in a first-year property course.

Direct Shear Testing Of Fractured Rocks From Missouri Used To Evaluate Potential Fault Reactivation Induced By Carbon Dioxide Sequestration, Ishan Kumar

Masters Theses

"Geological storage projects of CO₂ are designed to maintain secure storage for thousands of years. Carbon Capture and Storage has been identified as one of the methods which is used to reduce global emission of CO₂ and achieve lower concentration of CO₂ in the atmosphere by capturing the CO₂ from the flue gases and storing it in underground formations. Potential leakage of injected CO₂ from the reservoir to the surface is caused by the reactivation of pre-existing faults and fractures which is caused by the change in the state of stresses and the pore pressure. To avoid damage to the …

The Ethics Of Library Resource Sharing In The Digital Age, Beth Posner

Publications and Research

Abstract

Purpose – The purpose of this paper is to outline ethical implications of the practical challenges facing resource sharing practitioners in the digital age.

Design/methodology/approach – The author presents an overview of major ethical challenges related to digital resource sharing using a framework of four key ethical theories: justice as fairness; utilitarianism; rights theory; and common good theory.

Findings – When administrators, publishers, lawmakers, or the public dictate policies and rules that are inconsistent with librarian values and norms, librarians should turn to ethical reasoning in defense of their work.

Social implications – Resource sharing practitioners everywhere will find …

Disrupting The Deficit Discourse On Historically Black Colleges And Universities: An Organizational Identity Case Study Of Philander Smith College, Shametrice Ledora Davis

Electronic Theses and Dissertations

The federal Higher Education Act of 1965, as amended, defines a historically Black institution of higher education as "any historically Black college or university that was established prior to 1964, whose principle mission was, and is, the education of Black Americans." Today, there are approximately 105 HBCUs, more than half private, the rest public, and a few two-year institutions (Allen, Jewell, Griffin, & Wolf, 2007). While currently only 14 percent of Black college students attend HBCUs, 70 percent of all Black doctors and dentists, 50 percent of all Black engineers and public school teachers, and 35 percent of all Black …

Multiple Perspectives On Academic Service-Learning Partnerships At The American University In Cairo: A Mixed Method Study, Neivin Mahmoud Marzouk Shalabi

Electronic Theses and Dissertations

This mixed method study aimed to redress the gap in the literature on academic service-learning partnerships, especially in Eastern settings. It utilized Enos and Morton's (2003) theoretical framework to explore these partnerships at the American University in Cairo (AUC). Seventy-nine community partners, administrators, faculty members, and students from a diverse range of age, citizenship, racial, educational, and professional backgrounds participated in the study. Qualitative interviews were conducted with members of these four groups, and a survey with both close-ended and open-ended questions administered to students yielded 61 responses. Qualitative analyses revealed that the primary motivators for partners' engagement in service-learning …

Policing Gender, Sexuality And ‘Muslimness’, Anissa Helie

Publications and Research

In her Introduction to the book Sexuality in Muslim Contexts: Restrictions and Resistance (ZED Book, UK), Anissa Helie discusses the notion of "Muslimness" and how such a homogenizing notion, if unchallenged, may serve to justify the policing of sexuality in various Muslim countries and communities.

The book itself looks at emerging trends that affect women’s sexuality, with a particular focus on Asia and the Middle East, and documents both the curtailing of sexual rights occurring in diverse Muslim societies and the strategies designed to counter these developments.

Yet this focus in no way suggests that the policing of gender and …

Problematizing "Autonomy" And "Tradition" With Regard To Veiling: A Response To Seval Yildirim, Anissa Helie

Publications and Research

Debates related to Muslim women’s dress, specifically, often pit religious freedom, individual liberty, and cultural rights against women’s rights and gender equality. Hélie's response to Yildirim (specifically her discussion of national and international legal responses to “headcoverings”) does not focus on legal aspects, but rather on gendered practices and their ideological roots.

Hélie adopts a global lens, recognizing that whilst historical and socio-political specificities are crucial to grasp the nuances of each context, questions related to dress codes in Muslim contexts nevertheless relate to issues affecting our world at large. Hélie discusses two main aspects of Yildirim's argument - namely: …

The Politics Of Abortion Policy In The Heterogeneous "Muslim World", Anissa Helie

Publications and Research

Legal frameworks inspired by Muslim jurisprudence (also referred to as Shari’a) regulate the lives of as many as 600 million women around the world, a majority of them living in Asia. Personal Status Codes or Family Codes impact various aspects of women’s status as citizens, professionals, wives, mothers, etc.

As in many other, non-Muslim contexts, questions linked to women’s bodies tend to generate fierce debates especially in the arena of reproductive rights. A number of women’s rights defenders from Muslim societies have noted that Family Codes often become more restrictive where conservative and/or extremist religious voices are able to influence, …

Popular Music As Popular Expression In North India And The Bhojpuri Region, From Cassette Culture To Vcd Culture, Peter L. Manuel

Publications and Research

In the 1980s the Indian popular music scene was revolutionized by the advent of audio cassettes that dramatically decentralized production and precipitated the rise of syncretic folk-pop hybrids aimed at diverse regional audiences. In the years around 2000, the new medium of the VCD, or video compact disc, came to exert a similarly prodigious impact, enabling inexpensive popular music recordings marketed to diverse audiences to have visual as well as audio components. Song picturizations came to display a variety of approaches, from low-budget Bollywood imitations to new formats evolving in response to local sensibilities. This article outlines some of these …

The Trajectories Of Transplants: Singing Alha, Birha, And The Ramayan In The Indic Caribbean, Peter L. Manuel

Publications and Research

Indo-Caribbean music culture includes a stratum of traditional genres derived from North India’s Bhojpuri region. This article discusses three such genres: Alhâ-singing, an archaic form of birhâ, and an antiphonal style of singing the Tulsidas Râmâyan. Despite the lack of supportive contact with the Bhojpuri region after 1917, these genres flourished until the 1960s, after which the decline of Bhojpuri as a spoken language in Trinidad and Guyana, together with the impact of modernity in general, undermined their vitality. A comparative perspective with North Indian counterparts reveals illuminating parallels and contrasts.

Maintaining Relevance In A Changing World, Robertico R. Croes, Manuel A. Rivera, Seung Hyan Lee, Valeriya Shapoval, Nancy Kageyama, Milos Bujisic, Anil Bilgihan, Eric D. Olson

Dick Pope Sr. Institute Publications

Bok Tower Gardens (BTG) is located in Lake Wales, between Tampa and Orlando, and offers the Singing Tower, the gardens, the Pine Ridge Trail and the Pinewood Estate along with a visitor center and a café. BTG stretches nearly 50 acres of Olmsted Gardens and is built on Iron Mountain, one of the highest points in Peninsular Florida. The Gardens is listed as a National Historic Landmark on the National Register of Historic Places. BTG recorded 149,888 visits in 2011, slightly more than its 2002‐2010 average of 133,045. Increasing total visitation is an important goal for BTG. At the request …

Higher Law Secularism: Religious Symbols, Contested Secularisms, And The Limits Of The Establishment Clause, Zachary R. Calo

Scholarly Works

This paper considers whether religious symbols on public property might serve a permissible role within the secular polity, and whether there is a way to understand such symbols as compatible with secular commitments. While some attention will be given to constitutional issues, it is proposed that jurisprudential incoherence in this area is less the result of legal interpretation and technique than with the way in which law has framed the concept of the secular. We are not facing a crisis in the Establishment Clause so much as a crisis in the secular. The aim of the paper is thus to …

The Use Of The Alaskan Native Claims Settlement Act To Justify Disparate Treatment Of Alaska's Tribes, Natalie Landreth, Erin Dougherty

American Indian Law Review

No abstract provided.

Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy, Hossein Dabiri

American Indian Law Review

No abstract provided.