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2013

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Prevalence Of Shiga Toxin-Producing Escherichia Coli And Pathogenic Leptospira Spp. In Rodents From Outdoor Farms In Western Spain, Alfredo Garcia, Remigio Martinez, Lourdes Garcia, Jose Manuel Benitez-Medina, David Risco, Waldo Luis Garcia, Joaquin Rey, Juan Manuel Alonso, Angeli Kodjo Jan 2013

Prevalence Of Shiga Toxin-Producing Escherichia Coli And Pathogenic Leptospira Spp. In Rodents From Outdoor Farms In Western Spain, Alfredo Garcia, Remigio Martinez, Lourdes Garcia, Jose Manuel Benitez-Medina, David Risco, Waldo Luis Garcia, Joaquin Rey, Juan Manuel Alonso, Angeli Kodjo

Turkish Journal of Veterinary & Animal Sciences

Sixty-five rats (Rattus norvegicus) and 5 mice (Mus musculus) were trapped from 8 outdoor farms and the presence of Shiga toxin-producing Escherichia coli was not detected in any individual. Nevertheless, using the microscopic agglutination test, it was found that 20% (13/65) of rat serum samples were positive for anti-Leptospira antibodies, and DNA of pathogenic leptospires was detected in 3.07% (2/65) of the rat kidneys by real-time polymerase chain reaction. The most common infecting serovar was Castellonis (7.69%), followed by Canicola (6.15%) and Mangus (6.15%). According to these results, rats from outdoor farms may be considered a reservoir host for Leptospira …


2013-2014 Graduate Catalog, Morehead State University Jan 2013

2013-2014 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2013-2014 graduate catalog for Morehead State University.


A Retrospective Study Of Tetralogy Of Fallot In Dogs, Urszula Paslawska, Agnieszka Noszczyk-Nowak, Alicja Cepiel, Maciej Staszczyk, Adrian Janiszewski Jan 2013

A Retrospective Study Of Tetralogy Of Fallot In Dogs, Urszula Paslawska, Agnieszka Noszczyk-Nowak, Alicja Cepiel, Maciej Staszczyk, Adrian Janiszewski

Turkish Journal of Veterinary & Animal Sciences

Tetralogy of Fallot is a rare congenital heart defect; however, it is the most common cyanotic heart malformation in humans and animals. It consists of a ventricular septal defect, pulmonic stenosis, displacement of the aortic root, and hypertrophy of the right ventricle. At the Department of Internal Medicine Clinic of Diseases of Horses, Dogs, and Cats at the Wroclaw University of Environmental and Life Sciences, patients with Fallot syndrome constituted 4.44% of all patients with congenital heart diseases. There was no breed predisposition found. The most common clinical signs were exercise intolerance, dyspnea, and cyanosis of the mucous membranes, but …


Cytotoxicity Of Nickel Ions For Human Osteoblasts In The Context Of Orthodontic Treatment In Humans And Animals, Marcin Mikulewicz, Katarzyna Chojnacka, Iwona Kochanowska, Agnieszka Dziewicka, Maciej Janeczek, Jerzy Cieplik, Aleksander Chrószcz Jan 2013

Cytotoxicity Of Nickel Ions For Human Osteoblasts In The Context Of Orthodontic Treatment In Humans And Animals, Marcin Mikulewicz, Katarzyna Chojnacka, Iwona Kochanowska, Agnieszka Dziewicka, Maciej Janeczek, Jerzy Cieplik, Aleksander Chrószcz

Turkish Journal of Veterinary & Animal Sciences

In the present work, the biocompatibility of orthodontic devices was tested by the propagation of human osteoblasts. A different methodological approach was applied. Since the materials used in human and veterinary orthodontics (not in implantology) had been tested, osteoblasts were not implanted on the surface of the biomaterial, but have been cultured in the medium containing the products of corrosion. In the present work, osteoblasts were propagated in the medium spiked with Ni(II) salt versus the control. Osteoblast cells (live, dead, and total) were counted under light microscope. The statistical significance of the differences between the experimental and control groups …


The Use Of Progesterone-Supplemented Co-Synch And Ovsynch For Estrus Synchronization And Fixed-Time Insemination In Nulliparous Saanen Goat, Zekari̇ya Nur, Yavuz Nak, Deni̇z Nak, Burcu Üstüner, Bi̇lgi̇ner Tuna, Gözde Şi̇mşek, Hakan Sağirkaya Jan 2013

The Use Of Progesterone-Supplemented Co-Synch And Ovsynch For Estrus Synchronization And Fixed-Time Insemination In Nulliparous Saanen Goat, Zekari̇ya Nur, Yavuz Nak, Deni̇z Nak, Burcu Üstüner, Bi̇lgi̇ner Tuna, Gözde Şi̇mşek, Hakan Sağirkaya

Turkish Journal of Veterinary & Animal Sciences

The effect of Chronogest-supplemented Ovsynch and Co-synch protocols on estrus synchronization, follicular development, and fertility after fixed-time insemination was investigated in goats during the breeding season. Co-synch (n = 24) and Ovsynch (n = 25) protocols were applied to nulliparous does with a body weight of more than 30 kg. The onset and duration of estrus were determined with teaser bucks. The does were laparoscopically inseminated with 11.5 × 10^6 motile spermatozoa/straw at the second gonadotropin-releasing hormone (GnRH) injection for Co-synch and 8 h after the second GnRH injection for Ovsynch. The rates of estrus exhibited in the does were …


Effect Of Alveolar Bone Support On Zygomatic Implants – An Fea Study, Michael Ring, Michael Freedman, Leo F.A Stassen Jan 2013

Effect Of Alveolar Bone Support On Zygomatic Implants – An Fea Study, Michael Ring, Michael Freedman, Leo F.A Stassen

Articles

The objective of this study was to investigate the influence of maxillary alveolar bone on the stress distribution of zygomatic implants. A three-dimensional finite element model was created of half of a skull. Two zygomatic implants were modelled, placed in the skull supported by the zygomatic bone and the maxillary alveolar bone and connected by a fixed bridge. This model was duplicated, and the area of the maxillary alveolar bone supporting the implants was removed. Occlusal and lateral forces were applied to both models and the maximum von Mises stresses were recorded. Higher maximum stresses were noted in the model …


Effect Of Glycerol On A Diacetone Acrylamide-Based Holographic Photopolymer Material, Dervil Cody, Izabela Naydenova, Emilia Mihaylova Jan 2013

Effect Of Glycerol On A Diacetone Acrylamide-Based Holographic Photopolymer Material, Dervil Cody, Izabela Naydenova, Emilia Mihaylova

Articles

The composition of the low-toxicity, environmentally compatible diacetone acrylamide (DA) photopolymer has been modified with the inclusion of different additives. The addition of glycerol to the photopolymer composition is described. Results show that the incorporation of glycerol results in a uniform maximum refractive-index modulation for recording intensities in the range of 1–20  mW/cm2. This may be attributed to glycerol’s nature as a plasticizer, which allows for faster diffusion of an unreacted monomer within the grating during holographic recording. An optimum recording intensity of 0.5  mW/cm2 is observed for exposure energies of 20–60  mW/cm2. The modified photopolymer achieves a refractive-index modulation …


Functions And Toxicity Of Cadmium In Plants: Recent Advances And Future Prospects, Tuan Anh Tran, Losanka Petrova Popova Jan 2013

Functions And Toxicity Of Cadmium In Plants: Recent Advances And Future Prospects, Tuan Anh Tran, Losanka Petrova Popova

Turkish Journal of Botany

Heavy metals are important environmental pollutants and their toxicity is a problem of increasing significance for ecological, evolutionary, nutritional, and environmental reasons. Of all non-essential heavy metals, cadmium (Cd) is perhaps the metal that has attracted the most attention in soil science and plant nutrition due to its potential toxicity to humans, and also its relative mobility in the soil-plant system. This review emphasises Cd toxicity on plants with regards to ecological, physiological, and biochemical aspects. It summarises the toxic symptoms of Cd in plants (i.e. growth and plant development, alterations in photosynthesis, stomatal regulation, enzymatic activities, water relation, mineral …


Archaeobotanical Studies At The Urartian Site Of Ayanis In Van Province, Eastern Turkey, Tuğba Solmaz, Emel Oybak Dönmez Jan 2013

Archaeobotanical Studies At The Urartian Site Of Ayanis In Van Province, Eastern Turkey, Tuğba Solmaz, Emel Oybak Dönmez

Turkish Journal of Botany

Archaeobotanical macro remains recovered from the Ayanis fortress and the outer town of the Urartian period of the Iron Age (685-645 BC), located in the area of Van (Turkey), were investigated. Most of the remains were charred due to fire. Large quantities of Hordeum vulgare L. (hulled barley), Panicum miliaceum L. (broomcorn millet), and Setaria italica (L.) P.Beauvois (foxtail millet) were found at the study site, indicating the storage of agricultural surplus. Other types of cereal remains were also recorded, including Triticum aestivum L. (bread wheat) and Secale cereale L. (rye). Ground wheat grains were also recovered and their starch …


Airborne Pollen Content Of Kuşadası, Aycan Tosunoğlu, Ayşe Yeni̇gün, Adem Biçakçi, Kayi Eli̇açik Jan 2013

Airborne Pollen Content Of Kuşadası, Aycan Tosunoğlu, Ayşe Yeni̇gün, Adem Biçakçi, Kayi Eli̇açik

Turkish Journal of Botany

Atmospheric pollen grains of Kuşadası were captured using Durham samplers and investigated in 2005. The total number of pollen grains and the pollen grains/cm^2 were calculated from slides that were changed weekly. During the study period a total of 12,980 pollen grains/cm^2 belonging to 44 identified taxa and unidentified pollen grains were recorded at 2 stations. At the first station (S1), 7346 pollen grains were counted per cm^2, while only 5634 pollen grains were counted at the second station (S2). The majority of the investigated pollen grains were from Olea europaea L. (34.46%), Cupressaceae/Taxaceae (30.04%), Pinus spp. (19.71%), Platanus spp. …


A New Species Of Bellevalia (Hyacinthaceae) From Turkey, Mehmet Erkan Uzunhi̇sarcikli, Hayri̇ Duman, Serkan Yilmaz Jan 2013

A New Species Of Bellevalia (Hyacinthaceae) From Turkey, Mehmet Erkan Uzunhi̇sarcikli, Hayri̇ Duman, Serkan Yilmaz

Turkish Journal of Botany

Bellevalia malatyaensis Uzunh. & H.Duman is described and illustrated as a new species from East Anatolia. The distribution area of this species is restricted to Erkenek (Malatya)-Gölbaşı (Adıyaman). It grows in open areas of Pinus brutia Ten. forest. It resembles Bellevalia gracilis Feinbrun, but differs in scapose habitus, leaves, and characters of the capsule. The morphological diagnostic characters and karyological features are discussed.


Investigating Phosphorus And Turbidity Removal Efficiencies Of Main Aquatic Vegetation Species In The Lower Kelkit Basin Of Turkey, Ekrem Buhan, Hakan Mete Doğan, Sali̇ha Di̇ri̇m Buhan, Sai̇m Özdemi̇r, Fati̇h Polat, Çi̇sem Ni̇ldem Doğan Jan 2013

Investigating Phosphorus And Turbidity Removal Efficiencies Of Main Aquatic Vegetation Species In The Lower Kelkit Basin Of Turkey, Ekrem Buhan, Hakan Mete Doğan, Sali̇ha Di̇ri̇m Buhan, Sai̇m Özdemi̇r, Fati̇h Polat, Çi̇sem Ni̇ldem Doğan

Turkish Journal of Botany

In this study, we researched the main aquatic vegetation (AV) species and their orthophosphate and turbidity removal efficiencies in the Lower Kelkit Basin of Turkey. We chose an experimental area (1650 m^2) in the field and determined orthophosphate (mg/L) and turbidity (NTU) variables at the charging and discharging points between November 2005 and March 2006. We also applied an experimental design including 9 treatments and 3 replications in aquarium conditions. Orthophosphate (mg/L) contents of each aquarium were measured at 6 time periods (initial measurement and days 1, 4, 9, 16, and 25). Ceratophyllum demersum L., Cladophora glomerata (L.) Kützing, Lemna …


The Bio-Nano-Interface In Predicting Nanoparticle Fate And Behaviour In Living Organisms: Towards Grouping And Categorising Nanomaterials And Ensuring Nanosafety By Design, Hugh Byrne, Arti Ahluwalia, Diana Boraschi,, Bengt Fadeel, Peter Gehr, Arno C. Gutleb, Michaela Kendall, Manthos Papadopoulos, Iseult Lynch Jan 2013

The Bio-Nano-Interface In Predicting Nanoparticle Fate And Behaviour In Living Organisms: Towards Grouping And Categorising Nanomaterials And Ensuring Nanosafety By Design, Hugh Byrne, Arti Ahluwalia, Diana Boraschi,, Bengt Fadeel, Peter Gehr, Arno C. Gutleb, Michaela Kendall, Manthos Papadopoulos, Iseult Lynch

Articles

In biological media, nanoparticles acquire a coating of biomolecules (proteins, lipids, polysaccharides) from their surroundings, which reduces their surface energy and confers a biological identity to the particles. This adsorbed layer is the interface between the nanomaterial and living systems and therefore plays a significant role in determining the fate and behaviour of the nanoparticles. This review summarises the state of the art in terms of understanding the bio-nano interface and provides direction for potential future research directions and some recommendations for future priorities and strategies to support the safe implementation of nanotechnologies. The central premise is that nanomaterials must …


Generation Of Intracellular Reactive Oxygen Species And Genotoxicity Effect To Exposure Of Nanosized Polyamidoamine (Pamam) Dendrimers In Plhc-1 Cells In Vitro, Hugh Byrne, Pratap Naha Jan 2013

Generation Of Intracellular Reactive Oxygen Species And Genotoxicity Effect To Exposure Of Nanosized Polyamidoamine (Pamam) Dendrimers In Plhc-1 Cells In Vitro, Hugh Byrne, Pratap Naha

Articles

Polyamidoamine (PAMAM) dendrimers elicit systematically variable cyto- and eco-toxic responses, promising the basis for structure activity relationships governing nanotoxicological responses. Increased production of intracellular reactive oxygen species (ROS), genotoxicity and apoptosis due to in-vitro exposure of hepatocellular carcinoma cells to dendrimer generations G-4, G-5 and G-6 is demonstrated. A generation dependent increase in ROS and genotoxicity was observed, consistent with our previous studies. The responses correlate well with the number of surface amino groups per generation. Although ROS production initially increases approximately linearly, it saturates at higher doses. Notably, normalised to molar dose of surface amino groups, the dose-dependent ROS …


Realism Over Formalism And The Presumption Of Constitutionality: Chief Justice Roberts’ Opinion Upholding The Individual Mandate, Wilson Huhn Jan 2013

Realism Over Formalism And The Presumption Of Constitutionality: Chief Justice Roberts’ Opinion Upholding The Individual Mandate, Wilson Huhn

Akron Law Faculty Publications

Chief Justice John Roberts upheld the individual mandate of the Affordable Care Act because he rejected formalism and embraced realism in constitutional analysis, and because he deferred to Congress, acknowledging its right to make policy choices.


Supreme Court Update: 2012-2013 Term (Civil Cases In Constitutional Law), Wilson Huhn Jan 2013

Supreme Court Update: 2012-2013 Term (Civil Cases In Constitutional Law), Wilson Huhn

Akron Law Faculty Publications

During 2012-2013 the Supreme Court handed down several significant constitutional law, including United States v. Windsor (striking down Section 3 of the federal Defense of Marriage Act) and Shelby County v. Holder (striking down Section 4 of the Voting Rights Act). These and other decisions are summarized in this presentation.


South Atlantic Mpas And Deepwater Coral Hapcs: Characterization Of Benthic Habitat And Fauna., Stacey Harter, Andrew David, John K. Reed, Harbor Branch Oceanographic Institute Jan 2013

South Atlantic Mpas And Deepwater Coral Hapcs: Characterization Of Benthic Habitat And Fauna., Stacey Harter, Andrew David, John K. Reed, Harbor Branch Oceanographic Institute

Faculty Scholarship

Semi-Annual Report South Atlantic Shelf-edge MPAs and Deep-water Coral HAPCs Summary of Accomplishments to Date (April 1, 2013–September 30, 2013)


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 Jan 2013

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 …


Contraintes Thermiques Et Substances Chimiques : Bilan Des Connaissances Et Emplois Les Plus À Risque Au Québec, Ginette Truchon, Joseph Zayed, Robert Bourbonnais, Martine Lévesque, Mélyssa Deland, Marc-Antoine Busque, Patrice Duguay Jan 2013

Contraintes Thermiques Et Substances Chimiques : Bilan Des Connaissances Et Emplois Les Plus À Risque Au Québec, Ginette Truchon, Joseph Zayed, Robert Bourbonnais, Martine Lévesque, Mélyssa Deland, Marc-Antoine Busque, Patrice Duguay

Rapports de recherche scientifique

L’exposition au froid ou à la chaleur déclenche une série de réponses physiologiques compensatrices qui permettent à l’organisme humain de maintenir sa température interne malgré un stress thermique. Ces mécanismes de thermorégulation sont bien documentés et les changements physiologiques qu’ils impliquent peuvent modifier les fonctions de plusieurs organes liées à l’absorption et au métabolisme des substances chimiques. Des études dans le domaine de la pharmacologie et de l’épidémiologie rapportent une augmentation de l’absorption et des effets de certains médicaments de même qu’une augmentation du taux de mortalité humaine associée à la pollution de l’air, lors d’une exposition simultanée à la …


The European Union's Potential Contribution To Enhanced Governance Of Arctic Shipping, Nengye Liu Jan 2013

The European Union's Potential Contribution To Enhanced Governance Of Arctic Shipping, Nengye Liu

Research Collection Yong Pung How School Of Law

This article focuses on the European Union (EU)’s potential contribution to an enhanced legal regime of the Arctic offshore oil and gas operations. It first briefly describes existing international law for the regulation of offshore oil and gas operations in the Arctic. The article then discusses the development of EU’s Arctic policy and the EU’s competence to regulate Arctic offshore oil and gas activities. Subsequently, it analyzes potential actions and initiatives that could be taken by the EU to promote high safety standards for offshore oil and gas operations in the Arctic.


Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu Jan 2013

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."*


Long-Term Field Performance Of Biosand Filters In The Artibonite Valley, Haiti, Andrew J. Sisson, Peter J. Wampler, Richard R. Rediske, James N. Mcnair Jan 2013

Long-Term Field Performance Of Biosand Filters In The Artibonite Valley, Haiti, Andrew J. Sisson, Peter J. Wampler, Richard R. Rediske, James N. Mcnair

Open Access Publishing Support Funded Articles

A field study assessing the sustainability and efficacy of 55 biosand filters installed during 1999–2010 was conducted in the Artibonite Valley, Haiti during 2011. Twenty-nine filters were still in use. Duration of filter use ranged from < 1 to 12 years. Water quality, microbial analysis, and flow rate were evaluated for each functioning filter. Kaplan- Meier analysis of filter lifespans showed that filter use remained high (> 85%) up to seven years after installation. Several filters were still in use after 12 years, which is longer than documented in any previous study. Filtered water from 25 filters (86%) contained Escherichia coli concentrations of < 10 most probable number of coliforms/100 mL. Recontamination of stored filtered water was negligible. Bacterial removal efficiency was 1.1 log10. Comparable results from previous studies in the same region and elsewhere show that biosand filter technology continues to be an effective and sustainable water treatment method in developing countries worldwide.


Collective Representation Of Workers In The United States: Evolution Of Legal Regimes Concerning Collective Autonomy And Freedom Of Association, Barbara J. Fick Jan 2013

Collective Representation Of Workers In The United States: Evolution Of Legal Regimes Concerning Collective Autonomy And Freedom Of Association, Barbara J. Fick

Journal Articles

The United States Constitution does not directly address the collective representation of workers. The First Amendment right to freedom of association has, however, been interpreted to protect the right of individuals to form and join trade unions. This Article discusses the evolution of legal regimes concerning collective autonomy and freedom of association within the United States.


Book Discussion Web Application Based On Django Framework With Ui/Ix Design For Senior Citizens And Inexperienced Users, Gayane Kabalyan Jan 2013

Book Discussion Web Application Based On Django Framework With Ui/Ix Design For Senior Citizens And Inexperienced Users, Gayane Kabalyan

Technical Library

With the Internet becoming available and affordable to more people, the number of Internet users among older generations is rapidly growing. However, most websites on the web are confusing to this age group, due to lack of experience, as well as disabilities coming with age. The purpose of this project is to create an easy to use, self-explanatory web application, taking into account this specific target group. It is a platform where one can discuss various books. The online book club can substitute a traditional book club by ignoring the time and geographic limitations. The process of the creation of …


Parabolax: Learner Engagement With Serious Games, Kevin Formsma Jan 2013

Parabolax: Learner Engagement With Serious Games, Kevin Formsma

Technical Library

Video games continue to be a growing and vibrant industry. These games have an unprecedented ability to persuade their players to overcome gameplay challenges. As educators struggle to motivate the learners in their classroom, games provide a great opportunity to enrich the education curriculum. The use of games for this purpose is the primary goal of the growing serious games field. ParabolaX is a serious game designed to teach principles of quadratic functions [1]. ParabolaX was developed with two gameplay versions: full and basic. The basic version eliminated many game features. Leaners played ParabolaX during a single classroom session and …


Clinical Decision Support Systems – An Economic Evaluation, Nicholas Vanderlaan Jan 2013

Clinical Decision Support Systems – An Economic Evaluation, Nicholas Vanderlaan

Technical Library

As health information technology (HIT) continues to evolve and become more incorporated with medical practices, hospitals, and patient care, it is not only important to take a look at how HIT affects patient care, but also the effect it has and will have on health care cost.

This presentation will focus on the financial burden of implementing clinical decision support systems (CDSS), the return on investment from different electronic health record software and CDSS, as well as the effect on patient treatment costs. An analysis of best practices, implementation strategies, and adoption stages will be included to determine the difference …


Cost Accrued As A Measure Of Hospital Quality Improvement- Can Lean Health Make A Difference, Amarchandra Ganna Jan 2013

Cost Accrued As A Measure Of Hospital Quality Improvement- Can Lean Health Make A Difference, Amarchandra Ganna

Technical Library

The cost of health care has been rising constantly in the United States. Despite the rising costs the quality of care provided by some of the providers is still under discussion. After implementing the Toyota Production System model, the Virginia Mason Medical Center in Seattle, Washington, has achieved considerable success (Pontzman et.al). Since healthcare is essentially about care several non-profit organizations have been setup to analyze the standards of care provided by the hospitals.

The paper focuses on comparing the costs between four basic elements that are covered under Medicare as well in the State of Michigan among the hospitals …


Precedent And Reliance, Randy J. Kozel Jan 2013

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 …


Carolene Products And Constitutional Structure, Barry Cushman Jan 2013

Carolene Products And Constitutional Structure, Barry Cushman

Journal Articles

Justice Harlan Fiske Stone's majority opinion in United States v. Carolene Products Co. is well-known for its statement of two principles. The first is that regulatory legislation affecting ordinary commercial transactions is to be afforded a strong presumption of constitutionality. The second principle, articulated in the famous Footnote Four, qualifies the first: such a strong presumption of constitutionality is not warranted when legislation appears on its face to violate a provision of the Bill of Rights, or restricts ordinary political processes, or is directed at discrete and insular minorities. At the time the decision was announced, however, the decision in …


Living In Cafa's World, Jay Tidmarsh Jan 2013

Living In Cafa's World, Jay Tidmarsh

Journal Articles

This Article, prepared for a conference on the Class Action Fairness Act, examines the effect of CAFA on our understanding about the benefits and drawbacks of class actions. The Article describes the vision of class actions that imbues CAFA, and demonstrates how many subsequent developments in the law of class actions — including the Supreme Court’s decisions in Wal-Mart v. Dukes, AT&T Mobility v. Concepcion, and Shady Grove Orthopedics v. Allstate Insurance — have advanced CAFA’s restrictive vision about the role of class actions in modern American litigation. The Article demonstrates that competing visions about the role of class actions …