Digital Commons Network^™

South Atlantic Mpas And Deepwater Coral Hapcs: Characterization Of Benthic Habitat And Faunanoaa Ship Pisces Cruise 12-03 Uncw Super Phantom Rovjuly 6-19, 2012., John K. Reed, Stacey Harter, Stephanie Farrington, Andrew David, Harbor Branch Oceanographic Institute

Faculty Scholarship

A 14 day research cruise was conducted July 6-19, 2012, on the NOAA Ship Pisces with the UNCW Super Phantom ROV by NOAA National Marine Fisheries in collaboration with the Cooperative Institute for Ocean Exploration, Research, and Technology (CIOERT) at Harbor Branch Oceanographic Institute, Florida Atlantic University (HBOI-FAU), and other academic and federal partners (including NOAA NCCOS and University of North Carolina at Wilmington).

Recently, the South Atlantic Fishery Management Council (SAFMC) established eight deepwater Marine Protected Areas (MPAs) along the outer continental shelf off the southeastern U.S. This project is one of several research cruises to document and characterize …

Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu

Research Collection Yong Pung How School Of Law

The introduction of invasive marine species by ships is one of the four most significant threats to the world's oceans.' Global shipping moves over 80% of the world's commodities and transfers approximately 3 to 5 billion tonnes of ballast water each year.^ Every day about 3,000 species of animals and plants are transported around the world in the ballast water of ships, or on their hulls.' Some invasive alien marine species can have serious ecological as well as social and economic impacts."*

The Story Of Ewing: Three Strikes Laws And The Limits Of The Eighth Amendment Proportionality Review, Sara Sun Beale

Faculty Scholarship

In 1994 California enacted the nation's harshest "three strikes" law. Under this law, any felony can serve as a third strike, and conviction of a third strike requires a mandatory prison sentence of 25 years to life. In Ewing v. California, 538 U.S. 11 (2003), the Supreme Court held that sending a drug addict who shoplifted three golf clubs to prison for 25 years to life under the three strikes law did not violate the cruel and unusual punishment clause of the Eighth Amendment. The chapter for the forthcoming Criminal Law Stories tells the story of the Ewing case, describing …

The Story Of Kedroff V. St. Nicholas Cathedral, Richard W. Garnett

Journal Articles

From the Lecture

As I see it, John Kedroff's real-estate case complements well and matters for reasons similar to those that make so important yet another case, one that did capture young William Rehnquist's (and many others') attention during the spring of 1952; one that law students, lawyers, scholars, and jurists alike place near the top of their "Supreme Court's greatest hits" lists. In Youngstown Sheet & Tube, the Justices famously, though not with one voice, declared that President Truman's Korean War-era seizure of most of the nation's steel mills was unconstitutional. And, even if the decision's implications remain …

Precedent And Reliance, Randy J. Kozel

Journal Articles

Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.

This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …

2013 Georgia Scholarship Of Stem Teaching & Learning Conference Program, Georgia Scholarship Of Stem Teaching & Learning Conference

Interdisciplinary STEM Teaching & Learning Conference (2012-2019) (Archived)

N/A

'The Freedom Of The Church': (Towards) An Exposition, Translation, And Defense, Richard W. Garnett

Journal Articles

This Article was presented at a conference, and is part of a symposium, on the topic of "Freedom of the Church in the Modern Era." In addition to summarizing and re-stating claims made by the author in earlier work – claims having to do with, among other things, church-state separation, the no-establishment rule, legal and social pluralism, and the structural role played by religious and other institutions – the Article attempts to strengthen the argument that the idea of “the freedom of the church” (or something like it) is not a relic or anachronism but instead remains a crucial component …

The Supreme Court Of Canada And Constitutional (Equality) Baselines, Rosalind Dixon

Osgoode Hall Law Journal

In its approach to defining “analogous grounds” for the purposes of subsection 15(1) of the Charter of Rights and Freedoms, the Supreme Court of Canada has adopted an unusual mix of broad and generous interpretation, and high formalism. This article argues that one potential reason for this is the degree of heterogeneity among the nine distinct enumerated grounds in section 15. Heterogeneity of this kind can produce quite different interpretive consequences, depending on whether a court adopts a direct, “multi-pronged,” or a more synthetic, “common denominator,” approach to the question of analogical development. The Court, over time, has implicitly shifted …

Greater Sage-Grouse Response To Season-Long And Prescribed Grazing., Seth J. Dettenmaier, Terry A. Messmer

Wildland Resources Faculty Publications

No abstract provided.

Second-To-Fourth Digit Ratio Has A Non-Monotonic Impact On Altruism, Pablo Brañas-Garza, Jaromir Kovarik, Levent Neyse

ESI Working Papers

Gene-culture co-evolution emphasizes the joint role of culture and genes for the emergence of altruistic and cooperative behaviors and behav- ioral genetics provides estimates of their relative importance. However, these approaches cannot assess which biological traits determine altruism or how. We analyze the association between altruism in adults and the exposure to prenatal sex hormones, using the second-to-fourth digit ratio. We nd an inverted U-shaped relation for left and right hands, which is very consistent for men and less systematic for women. Subjects with both high and low digit ratios give less than individuals with intermediate digit ratios. We repeat …

Too Big To Jail Or Too Abstract (Or Rich?) To Care, Victor B. Flatt

Maryland Law Review

No abstract provided.

Climate Of Uncertainty, Laura Fatemi, Liam Heneghan, Randall Honold, Louise Lincoln

DePaul Art Museum Publications

No abstract provided.

De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin

Scholarship@WashULaw

In this essay, I examine and challenge the rhetorical trope of the guilty going free by emphasizing the institutional and political intricacies that comprise the criminal justice system and necessarily under-gird a determination of “guilt”. My goal, at its essence, is to de-naturalize the criminal law and discussions of the criminal justice system in the context of this symposium. I aim to emphasize that a guilty verdict is the result of a series of (politically-inflected) decisions about how to draft criminal statutes, how to structure a trial, and how to select a jury. De-naturalizing criminal law is, of course, a …

Joint Entropy Of Continuously Differentiable Ultrasonic Waveforms, M S. Hughes, John E. Mccarthy, J N. Marsh, S A. Wickline

Mathematics Faculty Research

This study is based on an extension of the concept of joint entropy of two random variables to continuous functions, such as backscattered ultrasound. For two continuous random variables, X and Y, the joint probability density p(x,y) is ordinarily a continuous function of x and y that takes on values in a two dimensional region of the real plane. However, in the case where X=f(t) and Y=g(t) are both continuously differentiable functions, X and Y are concentrated exclusively on a curve, γ(t)=(f(t),g(t)), in the x,y plane. This concentration can only be represented using a mathematically "singular" object such as a …

Keeping Abreast Of The Literature..., Sarah Sobonya

Neureuther Book Collection Essay Competition

Graduate Winner: 1st Place, 2013. 26th Annual Carl Neureuther Student Book Collection Competition.

At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Federal Arbitration Act Preemption, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Hsu Chen, Taeku Lee

Faculty Scholarship

No abstract provided.

Psychotherapy As Constitutional Practice: A Detailed Interaction Analysis Of The Change Process In Psychotherapy, Cody L. Maddox

Electronic Theses and Dissertations

Psychotherapy is concerned with changing individuals: it is a practice devoted to the constitution of certain kinds of subjects. Although the various therapeutic schools have their own explanations of psychotherapeutic change, more empirical work needs to be dedicated to understanding how this process takes place. In this study, a fine grain research methodology is used to produce an account of the change process that occurred over the course of two psychotherapy sessions. The data consists of naturally occurring video recordings of a single therapist and client dyad. The goal of this research is to examine the relationship of mutual formation …

Three Paradoxes Of Big Data, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

Big data is all the rage. Its proponents tout the use of sophisticated analytics to mine large data sets for insight as the solution to many of our society’s problems. These big data evangelists insist that data-driven decision making can now give us better predictions in areas ranging from college admissions to dating to hiring to medicine to national security and crime prevention. But much of the rhetoric of big data contains no meaningful analysis of its potential perils, only the promise. We don’t deny that big data holds substantial potential for the future, and that large dataset analysis has …

Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner

Faculty Scholarship

No abstract provided.

Olfactory Preference For Ethanol Following Social Interaction With An Intoxicated Peer In Adolescent Rats Exposed To Ethanol In-Utero, Samanta M. March, Ricardo M. Pautassi, Michael Nizhnikov, Juan Fernandez-Vidal, Norman E. Spear, Juan C. Molina

Psychology Faculty Scholarship

Background: Prenatal exposure to ethanol and later socially mediated exposure predicts ethanol intake in human adolescents. Animal rat models indicate that brief interactions with an ethanol-intoxicated peer result in heightened preference for ethanol odor and ethanol intake. Methods: This study assessed preference for ethanol odor in adolescent male rats (observers) following social interaction with an ethanol intoxicated peer (demonstrators) as a function of prenatal ethanol exposure (gestational days 17-20, 1.0 g/kg, intragastric). Social behavior and locomotion during social interaction was also measured. Results: Social investigation was greater in observers that interacted with an intoxicated demonstrator in comparison to those that …

Genome-Wide Association Analysis Of Aluminum Tolerance In Cultivated And Tibetan Wild Barley, Shengguan Cai, Dezhi Wu, Zahra Jabeen, Yuqing Huang, Yechang Huang, Guoping Zhang

Publications

Tibetan wild barley (Hordeum vulgare L. ssp. spontaneum), originated and grown in harsh enviroNment in Tibet, is well-known for its rich germpalsm with high tolerance to abiotic stresses. However, the genetic variation and genes involved in Al tolerance are not totally known for the wild barley. In this study, a genome-wide association analysis (GWAS) was performed by using four root parameters related with Al tolerance and 469 DArT markers on 7 chromosomes within or across 110 Tibetan wild accessions and 56 cultivated cultivars. Population structure and cluster analysis revealed that a wide genetic diversity was present in Tibetan wild barley. …

The Mobility Case For Regionalism, Nestor M. Davidson, Sheila R. Foster

Faculty Scholarship

In the discourse of local government law, the idea that a mobile populace can “vote with its feet” has long served as a justification for devolution and decentralization. Tracing to Charles Tiebout’s seminal work in public finance, the legal-structural prescription that follows is that a diversity of independent and empowered local governments can best satisfy the varied preferences of residents metaphorically shopping for bundles of public services, regulatory environment, and tax burden. This localist paradigm generally presumes that fragmented governments are competing for residents within a given metropolitan area. Contemporary patterns of mobility, however, call into question this foundational assumption. …

Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich

Faculty Scholarship

The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …

Abandoned To Functional: The Search For Historical Integrity In The Adaptive Reuses Of Kirkbride State Mental Hospitals, Caitlin E. Merritt

Historic Preservation Theses

Purpose: This thesis intends to understand historical integrity and how it plays a role in historic rehabilitation and adaptive reuse projects. More importantly, this study allows for a better understanding of the Kirkbride Plan as a particular building type that dominated state mental hospital design in between 1848-1890 and advanced the field of psychiatry. This study examines three adaptively reused Kirkbride hospitals Athens State Hospital, Athens, OH; Weston State Hospital, Weston, WV; and Danvers State Hospital Danvers MA. The three case studies were surveyed using the National Park Service seven aspects of historical integrity, to examine if historical integrity was …

Awareness At A Threshold: Urban Exchange Through Public Space, Matthew Spears

Architecture Theses and Projects

The moment of arrival becomes an important opportunity for cultural exchange in an urban environment. This exchange can be both the physical exchange between two places or it can be the experiential exchange between two or more disparate groups. These moments of exchange are an elusive experience for visitors as well as residents and are easily forgotten. Expressing the space of the traveler, an interactive space between locals and visitors, can raise cultural awareness between the most prominent groups as well as the marginalized groups, creating a more cohesive urban imaginary. The major exchange hub in Seattle, Washington speaks to …

Hunger Strike: The Body As Resource, Reecia Orzeck

Faculty Publications - Geography, Geology, and the Environment

[In the absence of an abstract the beginning of the Introduction is provided.] The first coordinated hunger strike at the Guantanamo Bay detention facility began in February of 2002, and the last of these strikers were the first to be fed against their will by the United States Department of Defense (Dao 2002). During the June/ July 2005 strike, approximately 50 of the 52 to 200 detainees on strike were fed intravenously (Gutierrez 2005: 9, 11). When the strike recommenced in August as many as 20 of its 76 to 210 participants were being kept at the camp hospital and …

City On The “River Of Awe”: An Historical & Observational Study Of Missoula’S Urban River Greenway, Sandra Burch

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Urban river greenways have the potential to serve as landscapes of civic environmentalism in the American West. Missoula’s urban river corridor is such a landscape. This study seeks to assess the history of Missoula’s urban river corridor, and the degree to which the city’s current urban river greenway meets social and environmental goals. The urban river greenway in Missoula is a successful social undertaking, and its history shows a positive change in the treatment of the river as a healthy landscape feature. In order to explore this concept, historical data was gathered on Missoula’s past relationship to the river, and …

Government Regulation: From Independence To Dependency, Part One, Steven Alan Samson

Faculty Publications and Presentations

What Robert Bellah calls "expressive individualism" has led to unprecedented social legislation in America and expanded government employment since the 1960s, helping to produce a generous supply of public services, policy entrepreneurs, and clientele groups. The legal scholar Lawrence M Friedman notes that "the right to be 'oneself,' to choose oneself, is placed in a special and privileged position." As a consequence, "achievement is defined in subjective, personal terms, rather than in objective, social terms." When the claims of expressive individualism are considered in tandem with the increasing reach of the modern social service state, a case may be made …

Alan Ryan: On Politics, Book One Study Guide, 2013, Steven Alan Samson

Faculty Publications and Presentations

No abstract provided.