Digital Commons Network^™

The Collapse Of The Harm Principle Redux: On Same-Sex Marriage, The Supreme Court’S Opinion In United States V. Windsor, John Stuart Mill’S Essay On Liberty (1859), And H.L.A. Hart’S Modern Harm Principle, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

The Interbellum Constitution: Federalism In The Long Founding Moment, Alison Lacroix

Public Law and Legal Theory Working Papers

Today, the mechanism of the spending power drives the gears of the modern federal machine. But early nineteenth century constitutional debates demonstrate that the spending power is essentially a workaround, and a recent one at that – a tool by which Congress achieves certain political and legal ends while respecting the formal boundaries set by Article I and the Tenth Amendment. This “interbellum” period was enormously significant for American constitutional law, in particular the constellation of related doctrines concerning congressional power that we now place under the general heading of “federalism”: the spending power, the enumerated powers of Article I, …

The South African Constitutional Court And Socio-Economic Rights As 'Insurance Swaps', Tom Ginsburg, Rosalind Dixon

Public Law and Legal Theory Working Papers

No abstract provided.

Women In Prison In Argentina: Causes, Conditions, And Consequences, Sital Kalantry

Public Law and Legal Theory Working Papers

No abstract provided.

A Theory Of Pleading, William Hubbard

Public Law and Legal Theory Working Papers

Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal are the most important cases on pleading in fifty years. A large literature argues that these cases have raised pleading standards, empowered federal judges as the gatekeepers to federal court, and undermined the “liberal ethos” of the Federal Rules of Civil Procedure. This understanding of pleading doctrine has in turn led to predictions of dramatic effects on dismissal rates, particularly for claims, such as employment discrimination claims, where plaintiffs often lack knowledge of the defendant’s intent at the outset of the case. The accumulating empirical evidence, however, confounds these predictions. Why …

Forcings, Lee Anne Fennell

Public Law and Legal Theory Working Papers

Eminent domain receives enormous amounts of scholarly and popular attention, and for good reason—it is a powerful form of government coercion that cuts to the heart of ownership. But a mirror-image form of government coercion has been almost entirely ignored: forced ownership, or "forcings." While legal compulsion to begin or continue ownership is neither entirely unstudied as an academic matter nor entirely unprecedented as a doctrinal matter, the category lacks a unified treatment. Because coercively imposed ownership can substitute for other forms of government coercion, forcings deserve attention, even if they will rarely dominate other alternatives. Attending to forcings as …

Acute Coronary Syndromes: Current Treatment Guidelines And Updates, Bernard Lau, Michael Lee, Thien Tran, Laura Tsu

Pharmacy Faculty Articles and Research

This home-study CPE activity has been developed to educate pharmacists on acute coronary syndrome (ACS) and its medical management.

Variceal Bleeding From Cirrhosis: A Clinical Review Of Causes And Pharmacotherapy Options, Hillary Aphaisuwan, Ibrahim Lala, Laura Tsu

Pharmacy Faculty Articles and Research

This home-study CPE activity has been developed to educate pharmacists on the prevention and treatment of hemorrhagic esophageal varices resulting from cirrhosis.

Osteogenic And Antimicrobial Nanoparticulate Calcium Phosphate And Poly-(D, L-Lactide-Co-Glycolide) Powders For The Treatment Of Osteomyelitis, Vuk Uskoković, Charles Hoover, Marija Vukomanović, Dragan P. Uskoković, Tejal A. Dasai, Charles Hoover, Marija Vukomanović, Dragan P. Uskoković, Tejal A. Dasai

Pharmacy Faculty Articles and Research

Development of a material for simultaneous sustained and localized delivery of antibiotics and induction of spontaneous regeneration of hard tissues affected by osteomyelitis stands for an important clinical need. In this work, a comparative analysis of the bacterial and osteoblastic cell response to two different nanoparticulate carriers of clindamycin, an antibiotic commonly prescribed in the treatment of bone infection, one composed of calcium phosphate and the other comprising poly-(D,L-lactide-co-glycolide)-coated calcium phosphate, was carried out. Three different non-cytotoxic phases of calcium phosphate, exhibiting dissolution and drug release profiles in the range of one week to two months to one year, respectively, …

Phase Composition Control Of Calcium Phosphate Nanoparticles For Tunable Drug Delivery Kinetics And Treatment Of Osteomyelitis. Part 2: Antibacterial And Osteoblastic Response, Vuk Uskoković, Tejal A. Dasai

Pharmacy Faculty Articles and Research

Osteomyelitis has been traditionally treated by the combination of long-term antibiotic therapies and surgical removal of diseased tissue. The multifunctional material was developed in this study with the aim to improve this therapeutic approach by: (a) enabling locally delivered and sustained release of antibiotics at a tunable rate, so as to eliminate the need for repetitive administration of systemically distributed antibiotics; and (b) controllably dissolving itself, so as to promote natural remineralization of the portion of bone lost to disease. We report hereby on the effect of the previously synthesized calcium phosphates (CAPs) with tunable solubilities and drug release time …

Chikungunya Virus Infection Results In Higher And Persistent Viral Replication In Aged Rhesus Macaques Due To Defects In Anti-Viral Immunity, Ilhem Messaoudi, Jennifer Totonchy, Thomas Totonchy, Craig N. Kreklywich, Kristen Haberthur, Laura Springgay, James D. Brien, Michael S. Diamond, Victor R. Defilippis, Daniel N. Streblow

Pharmacy Faculty Articles and Research

Chikungunya virus (CHIKV) is a re-emerging mosquito-borne Alphavirus that causes a clinical disease involving fever, myalgia, nausea and rash. The distinguishing feature of CHIKV infection is the severe debilitating poly-arthralgia that may persist for several months after viral clearance. Since its re-emergence in 2004, CHIKV has spread from the Indian Ocean region to new locations including metropolitan Europe, Japan, and even the United States. The risk of importing CHIKV to new areas of the world is increasing due to high levels of viremia in infected individuals as well as the recent adaptation of the virus to the mosquito species Aedes …

The Impact Of Parental Involvement On A Structured Youth Program Experience: A Qualitative Inquiry, Mat D. Duerden, Peter A. Witt, Christopher J. Harrist

Faculty Publications

Parental involvement is an often proposed, but rarely researched, key element of youth programs. Questions remain regarding the impact of parental involvement on program processes and outcomes. Qualitative data were collected over a one-year period with youth participants (n=46), parents (n=26), and teachers (n=5) associated with an international immersion/service learning program for adolescents. Three main research questions guided the data analysis: (1) what role does parental involvement play in the youths’ experience in the program; (2) how does parental involvement in the program influence the parent/child relationship; and (3) what role does parental involvement play in terms of the program’s …

Urban American Indians: A Comparison Of Father Involvement Predictors Across Race, Jonathan Padilla, Peter Ward, Gordon E. Limb

Faculty Publications

Father involvement in families of urban American Indians has been a neglected area of research. In this study, the authors examined the associations among parental relationship quality, father involvement, and coresidence. The authors conducted a multiple group analysis through structural equation modeling comparing 107 American Indian fathers with fathers of the general population in the Fragile Families and Child Wellbeing Study. Although the results were similar between groups, findings indicated two key differences for urban American Indians. First, emotional supportiveness had a stronger relationship with physically active engagement for American Indian fathers. Second, parental relationship quality had greater total standardized …

Testimonials Do Not Convert Patients From Brand To Generic Medication, John Beshears, James J. Choi, David Laibson, Brigitte C. Madrian, Gwendolyn Reynolds

Faculty Publications

Objectives—To assess whether the addition of a peer testimonial to an informational mailing increases conversion rates from brand-name prescription medications to lower-cost therapeutic equivalents, and whether the testimonial’s efficacy increases when information is added about an affiliation the quoted individual shares with the recipient.

Research Design and Methods—5,498 union members were randomly assigned to receive one of three different informational letters: one without a testimonial (No Testimonial Group), one with a testimonial from a person whose shared union affiliation with the recipient was not disclosed (Unaffiliated Testimonial Group), and one with a testimonial from a person whose shared union affiliation …

Community-Based Participatory Research To Partner With The Confederated Salish And Kootenai Tribes In Pharmacogenetics Research, Chelsea Theresa Morales

Graduate Student Theses, Dissertations, & Professional Papers

Pharmacogenetics research has advanced our knowledge of the genetic basis of individual drug responses. The aim of pharmacogenetics research is to provide opportunities for the development of strategies aimed at discovering clinically relevant gene-drug pairs. Further benefits stem from the translation of pharmacogenetics research into the clinic to identify patients who are at high risk of adverse drug events. However, American Indian and Alaska Native (AI/AN) populations have not benefited markedly from genetics-guided therapeutics. A key strategy in engaging AI/AN people in pharmacogenetics research has been the implementation of community-based participatory research (CBPR). CBPR is a qualitative research methodology in …

The Lived Experience Of American Indian Teen Parents From A Northern Plains Tribe, Ann Marie Douglas

Graduate Student Theses, Dissertations, & Professional Papers

Although there is extensive research on the outcomes of teen mothers and their children, there is little research to date on how teen parents, especially American Indian teen parents, are functioning in their new role. This is alarming as the rate of births to American Indian teens is far greater than the same-aged Non-Hispanic White population. This study examined the lived experiences of teen parents currently living on a Northern Plains Indian Reservation. Seven participants were interviewed using a phenomenological method. Interviews were analyzed using NVivo and Giorgi’s method. The themes that emerged were traditional roles (child role, parent role, …

Sb Ipos And Ipo Anomalies: An Empirical Analysis Of The Small Firm Uniqueness Hypothesis, James C. Brau, J. Troy Carpenter

Faculty Publications

The purpose of this paper is to provide a direct test of the small-firm uniqueness hypothesis advanced by Ang (1991). We do this by using the SB-IPO program of the SEC as our instrument to define a small firm. Having identified small firms, we test the three IPO anomalies to see if small firms differ from large firms along these dimensions. We find that SB IPOs experience the three anomalies; however, they do so in disparate ways than mainline IPOs do. In sum, we provide support for the small firm uniqueness hypothesis.

The Impact Of Securitization On The Expansion Of Subprime Credit, Taylor Nadauld, Shane M. Sherlund

Faculty Publications

This paper investigates the relationship between securitization activity and the extension of subprime credit. The analysis is motivated by two sets of compelling empirical facts. First, the origination of subprime mortgages exploded between the years 2003 and 2005. Second, the securitization of subprime loans increased substantially over the same time period, driven primarily by the five largest independent broker/dealer investment banks. We argue that the relative shift in the securitization activity of investment banks was driven by forces exogenous to factors impacting lending decisions in the primary mortgage market and resulted in lower ZIP code denial rates, higher subprime origination …

Evaluating Journal Quality And The Association For Information Systems (Ais) Senior Scholars’ Journal Basket Via Bibliometric Measures: Do Expert Journal Assessments Add Value?, Paul Benjamin Lowry, Gregory D. Moody, James Gaskin, Dennis F. Galletta, Sean L. Humpherys, Jordan B. Barlow, David W. Wilson

Faculty Publications

Information systems (IS) journal rankings and ratings help scholars focus their publishing efforts and are widely used surrogates for judging the quality of research. Over the years, numerous approaches have been used to rank IS journals, approaches such as citation metrics, school lists, acceptance rates, and expert assessments. However, the results of these approaches often conflict due to a host of validity concerns. In the current scientometric study, we make significant strides toward correcting for these limitations in the ranking of mainstream IS journals. We compare expert rankings to bibliometric measures such as the ISI Impact Factor™, the h-index, and …

The Influence Of Exotic Plant Invasion On Native Bee Abundance And Demography, And The Pollination And Abundance Of Native Plants, Jennifer Palladini

Graduate Student Theses, Dissertations, & Professional Papers

Flowering plants and bees are fundamentally linked. Bees rely wholly on floral resources for food and many native plants rely on bees to assist in reproduction. Despite this fundamental connection, how plants and their bee pollinators influence one another's abundance remains unclear. Also unclear is how invasion by exotic flowering plants disrupts bee- native plant relationships. I examined how the invasive plant, Euphorbia esula (Euphorbiaceae) influenced the native annual forb, Clarkia pulchella (Onagraceae) by altering pollinator visitation (i.e., indirect effects) and through direct resource competition. I observed pollinator visitation and estimated the extent to which plant reproduction was limited by …

Variations In Wildfire Ash Properties And Implications For Post-Fire Hydrological Response Within Western North American Ecosystems, Victoria Balfour

Graduate Student Theses, Dissertations, & Professional Papers

Within the Rocky Mountain region of the Western U.S.A the average number of wildfires over 40 hectares have quadrupled and the frequency of large wildfires (> 4,000 hectares) have increased seven times since the 1970’s. The effect of this increase on resource management and ecosystem function is of increased interest to agencies and land managers within the region. The research presented in this dissertation aimed to contribute to the growing knowledge of post-fire hydrology, specifically with regards to the role of wildfire ash within recently burned ecosystems. Ash should not be considered a generic term, as it is an important …

The Genetic Basis Of Fitness: Detecting Inbreeding Depression And Selective Sweeps In Bighorn Sheep, Martin Dennis Kardos

Graduate Student Theses, Dissertations, & Professional Papers

Understanding the fitness effects of inbreeding is a crucial and long standing goal in conservation and evolutionary biology. Many studies measure individual inbreeding (F, the proportion of genome that is identical by descent) and its fitness effects using either pedigrees or molecular markers. Knowing which genes most strongly affect fitness can help to explain why some individuals outperform others, and elucidate the mechanisms of inbreeding depression and adaptation. However, identifying adaptive genes is difficult in most species because of limited genomic resources.

I used simulations to evaluate the performance of marker- and pedigree-based measures of F and inbreeding depression. I …

Understanding The Dynamics Of Species Distributions Under Climate Change: Linking Empirical Evidence, Ecological Theory, And Statistical Models, Shawn M. Crimmins

Graduate Student Theses, Dissertations, & Professional Papers

Climate change is threatening biota all over the world through dictating changes in species distributions. The ability to predict the effects of climate on species distributions requires an understanding of how climatic and disturbance factors relate to species distributions. I examined the relationship between climate, disturbance, and geographic distributions of vascular plants in the western United States.

Within the mountain ranges of California, woody plants have largely shifted their distributions downhill during the 20th century. These shifts were strongly related to observed changes in climatic water balance, consistent with theoretical predictions. Downhill shifts were most prominent for species occurring at …

Effects Of Local And Landscape Processes On Animal Distribution And Abundance, Aaron David Flesch

Graduate Student Theses, Dissertations, & Professional Papers

Investigations of processes that drive animal distribution and abundance are often approached at one of two different scales and therefore focus on different processes. At local scales, animals are thought to select home ranges or territory patches in an ideal manner by occupying them in order of their fitness potential, but a variety of processes can decouple choices from their fitness consequences and create non-ideal patterns of distribution. At landscape scales, the spatial arrangement of habitat patches and their size and isolation are thought to influence distribution patterns because extinction probability declines with increasing patch area and colonization probability declines …

Modeling Connectivity In Landscape Genetics: Applications, Optimization And Assessing Uncertainty, Brian Kevin Hand

Graduate Student Theses, Dissertations, & Professional Papers

Connectivity modeling and corridor identification are an essential part of landscape genetics and important tools for the future of conservation biology. The previous decade has shown a steadily increasing interest and rise in publications in landscape genetics. This enthusiasm has led to advances in the methods and theoretical background of the field; however, there remain important, yet unresolved, challenges. Many of these are related to validation and uncertainty testing for resistance surfaces (hypotheses of connectivity). These fundamental issues need to be addressed before landscape genetics can gain the full recognition of a scientific discipline such as population genetics or landscape …

A Spatially-Explicit Decision Support System For Invasive Weed Species Management, Pablo Aracena

Graduate Student Theses, Dissertations, & Professional Papers

Invasive weed species are a recognized problem worldwide causing economic and environmental problems. Management of weeds is complex and challenging because of multiple decisions that need to be made when allocating limited resources to control current infestation areas including which weeds to treat, where to treat, how to treat, and when to treat. Models have been developed to simulate weed spread, however they lack the ability to simulate the short term effects of weed treatments and analyze trade-offs among control allocation options. This trade-off analysis is critical in developing cost-efficient treatment decisions especially when available budget for treatments is limited. …

Interactions Between Arenavirus Proteins And Small Molecule Inhibitors Of Infection, Emily L. Messina

Graduate Student Theses, Dissertations, & Professional Papers

Arenaviruses are globally distributed, negative-sense, single-stranded RNA viruses which persist in specific rodent host species. Of the 32 known arenaviruses, 10 have been associated with human disease. Of these, Lassa, Junín, Machupo, Guanarito, and Sabia viruses cause severe hemorrhagic fevers. The only current option for the treatment of arenavirus infection is the off-label use of ribavirin. However, ribavirin is associated with severe side effects. Clearly, there exists a need for the study of arenavirus biology and of novel drugs for the treatment of arenaviral infection. My work focused on two attractive targets for inhibition of infection: the arenaviral RNA-dependent RNA …

Ecology Of Juvenile Salmon In Large Floodplain Rivers: The Influence Of Habitat Modification By Beavers (Castor Canadensis) On Salmon Growth And Production, Rachel Lanelle Malison

Graduate Student Theses, Dissertations, & Professional Papers

I investigated the influence of beavers on aquatic floodplain habitats and determined how juvenile salmon habitat use, growth, survival, movement, and production varied by habitat type in a large alluvial floodplain of the Kwethluk River in western Alaska. I also compared juvenile salmon production at the floodplain scale in the Kwethluk River (with beavers), to a very similar salmon river in Kamchatka (the Kol) that has no beavers.

Beavers modified 87.5% of the aquatic off-channel habitat of the Kwethluk River, which was composed of three successional stages of beaver ponds (early-, mid-, and latesuccessional), and beaver-influenced spring brooks. Early-successional ponds …

Camouflage Mismatch In Seasonal Coat Color Due To Decreased Snow Duration: Will Snowshoe Hares Keep Up With Climate Change?, Marketa Zimova

Graduate Student Theses, Dissertations, & Professional Papers

As wild species face anthropogenic stressors, they will either adapt, shift their geographic range, or decline, perhaps towards extinction. The relative scope of these responses has not been well studied, especially for climate change where geographic range shifts and population declines have been widely discussed but the potential for adaptation mostly ignored. Adaptation to anthropogenic stressors can occur through phenotypic plasticity and/or evolution. My thesis first establishes, based on field studies of wild snowshoe hares, a novel and high-profile stressor directly linked to climate change. The stressor arises from a decrease in snow duration due to climate change, which causes …

Lithic Technology And Risk: Winter Houses At Bridge River Villages, Kelly French

Graduate Student Theses, Dissertations, & Professional Papers

The 2012 excavation of a single housepit (Housepit 54) at the Bridge River Village site (EeR14) offers the unique opportunity to look at lithic organization and techinological strategies during the Fur Trade era in the Middle Fraser Canyon. The main goal of this research is to understand how the winter occupation of Housepit 54 may have affected the lithic technological strategies carried out at Bride River Village. As a winter pithouse, lithic raw material sources would be inaccessible during the three months of occupation. The hypothesis of this thesis is structured with a theory of risk framework in order to …