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Erie's Starting Points: The Potential Role Of Default Rules In Structuring Choice Of Law Analysis, Allan Erbsen

Articles

This contribution to a symposium marking the seventy-fifth anniversary of Erie Railroad Company v. Tompkins is part of a larger project in which I seek to demystify a decision that has enchanted, entangled, and enervated commentators for decades. In prior work I contended that the “Erie doctrine” is a misleading label encompassing four distinct inquiries that address the creation, interpretation, and prioritization of federal law and the adoption of state law when federal law is inapplicable. This article builds from that premise to argue that courts pursuing Erie’s four inquiries would benefit from default rules that establish initial assumptions and …

Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer

Faculty and Staff Scholarship

This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.

A Systematic Electromagnetic-Circuit Method For Emi Analysis Of Coupled Interconnects On Dispersive Dielectrics, Min Tang, Jiaqing Lu, Junfa Mao, Lijun Jiang

Electrical and Computer Engineering Faculty Research & Creative Works

This paper presents a systematic electromagnetic-circuit method for efficient simulation of coupled interconnects on dispersive dielectrics in the presence of electromagnetic interference. The dispersive substrate of coupled interconnects is characterized by the multiterm Debye or Lorentz formula. According to the differential equations derived from the equivalent circuit modeling of dispersive media, the full-wave finite-difference time-domain algorithm is utilized to capture accurate field in a dispersive substrate. The effects of incident field, under the quasi-TEM assumption, are then represented by the distributed sources along transmission lines. An efficient algorithm based on the waveform relaxation with transverse partitioning (WR-TP) is employed for …

Material Internal Control Weaknesses And Earnings Management In The Post-Sox Environment, Benjamin P. Foster, Trimbak Shastri

Faculty and Staff Scholarship

Prior studies found that companies with internal control deficiencies incorporate abnormal accounting accruals into their financial statements. However, these studies did not consider the materiality of abnormal accruals. Abnormal accruals should be within materiality when financial statements receive clean audit opinions. When material internal control weaknesses (MICW) exist, to compensate for additional risk, auditors should apply more audit effort to gain the quantity and quality of evidence necessary to obtain a reasonable degree of assurance to support their audit reports. We find evidence of this because audit fees are significantly higher for MICW companies than those for effective internal controls …

The Deep Grammar Of Augustine’S Conversion, Jared J. Ortiz

Faculty Publications

In light of the growing consensus that the doctrine of creatio ex nihilo is foundational for Augustine’s thought, it would be fruitful to consider more fully its role in the Confessions, especially its role in how Augustine understands his conversion in Book Eight. In this short communication, I will argue that Augustine situates his conversion narrative within the context of the Trinity’s creative act. His understanding of the ontological distinction between God and the world as well as the creational notion of imitation are the keys to understanding this in Book Eight. They make up the deep grammar of …

How Many Antennas Does A Cooperative Jammer Need For Achieving The Degrees Of Freedom Of Multiple Antenna Gaussian Channels In The Presence Of An Eavesdropper?, Mohamed Nafea, Aylin Yener

Electrical and Computer Engineering Faculty Research & Creative Works

In this work, multiple antenna Gaussian wiretap channels with a multiantenna cooperative jammer are considered. In particular, the focus is on identifying the spatial resources needed at the cooperative jammer in order to achieve a secure degree of freedom (s.d.o.f.) for the channel in question equal to the degrees of freedom (d.o.f.). In order to accomplish this goal, the cooperative jammer sets out to send correlated jamming signals. Simultaneously, the legitimate transmitter chooses a precoder that perfectly aligns its information signals over the jamming ones at the eavesdropper. Both terminals use structured signaling, i.e., discrete constellations. The proposed approach is …

A Framework For Managing Airport Grasslands And Birds Amidst Conflicting Priorities, Bradley F. Blackwell, Thomas W. Seamans, Paige M. Schmidt, Travis L. Devault, Jerrold L. Belant, Mark J. Whittingham, James A. Martin, Esteban Fernández-Juricic

United States Department of Agriculture Wildlife Services: Staff Publications

Management of modern airports is a task beset by conflicting priorities. Airports are vital to the global market economy, but impose costly environmental disturbances including habitat loss, noise, reduced air quality, erosion, introduction of invasive organisms, and polluted storm-water runoff (Blackwell et al. 2009). Airport environments also attract some wildlife hazardous to aviation safety, namely species involved in wildlife-aircraft collisions or ‘strikes’ (ICAO 2001, Blackwell et al. 2009, DeVault et al. 2011). Since 1912 at least 276 human lives have been lost due to bird strikes (Thorpe 2010), and from 1990 to 2010, more than 106 000 bird strikes involving …

Avian Mortality At Communication Towers In The United States And Canada: Which Species, How Many, And Where?, Travis Longcore, Catherine Rich, Pierre Mineau, Beau Macdonald, Daniel G. Bert, Lauren M. Sullivan, Erin Mutrie, Sidney A. Gauthreaux Jr., Michael L. Avery, Robert L. Crawford, Albert M. Manville Ii, Emilie R. Travis, David Drake

United States Department of Agriculture Wildlife Services: Staff Publications

Birds migrating to and from breeding grounds in the United States and Canada are killed by the millions in collisions with lighted towers and their guy wires. Avian mortality at towers is highly variable across species, and the importance to each population depends on its size and trajectory. Building on our previous estimate of avian mortality at communication towers, we calculated mortality by species and by regions. To do this, we constructed a database of mortality by species at towers from available records and calculated the mean proportion of each species killed at towers within aggregated Bird Conservation Regions. These …

The Use Of Diazacon™ To Limit Fertility By Reducing Serum Cholesterol In Female Grey Squirrels, Sciurus Carolinensis, Brenda A. Mayle, Mark Ferryman, Andrew Peace, Christi A. Yoder, Lowell A. Miller, David Cowan

United States Department of Agriculture Wildlife Services: Staff Publications

BACKGROUND: The grey squirrel, Sciurus carolinensis Gmelin, is an invasive alien species introduced into Great Britain in the late nineteenth century and into Northern Italy during the early twentieth century. Grey squirrels have displaced the native European red squirrel, Sciurus vulgaris L., throughout much of Great Britain and have a significant impact on trees and woodlands through bark-stripping activity. In Britain, eradication is no longer an option at a regional scale, but fertility control offers a non-lethal approach to reducing negative impacts. The cholesterol mimic DiazaCon™ has been successfully used to inhibit reproduction in some species. These studies aimed to …

Potential Economic Benefits Of Eliminating Canine Rabies, Stephanie A. Shwiff, Katie Hampson, Aaron M. Anderson

United States Department of Agriculture Wildlife Services: Staff Publications

Contents

1. Introduction ...................352

2. Pathways to economic impacts .................353

3. Counting the costs of canine rabies ...........353
3.1. Direct costs ...............................353
3.2. Indirect costs ............................353
3.3. Comparing regions ...................353

4. Monetizing the impacts ..............354

5. Macroeconomic impacts ..................355

6. The value of global canine rabies elimination .........355

References ..............................356

Report To The Chicago Park District On Conflicts With Ring-Billed Gulls And The 2013 Integrated Ring-Billed Gull Damage Management Project, J. W. Hartmann, T. G. Guerrant, S. F. Beckerman, R. M. Engeman, T. W. Seamans

United States Department of Agriculture Wildlife Services: Staff Publications

The large ring-billed gull (Larus delawarensis) population in the City of Chicago has caused various conflicts including general nuisance, property damage, economic losses, and threats to human health and safety. Several studies have shown a relationship between ring-billed gulls and increased levels of fecal indicator bacteria (FIB) such as Escherichia coli (E. coli) in nearshore waters. Results of tests for E. coli have led to the issuance of swim advisories at Chicago beaches.

The objectives of the Chicago Ring-billed Gull Damage Management Project were to (1) reduce the local production of ring-billed gulls, (2) reduce the severity of …

State-Level Approaches To Managing The Use Of Contraceptives In Wildlife In The United States, John D. Eisemann, Jeanette R. O'Hare, Kathleen A. Fagerstone

United States Department of Agriculture Wildlife Services: Staff Publications

Several fertility control agents have recently been registered with the United States Environmental Protection Agency for management of wildlife or other free-ranging animals. The registration of GonaConTM Immunocontraceptive Vaccine for use in white-tailed deer (Odocoileus virginianus) and OvoControl for use in Canada geese (Branta canadensis) and pigeons (Columba livia) has caused state wildlife and land management agencies to review their regulatory authority over the use of contraceptives in wildlife. As a result, many states are taking steps to ensure legislation or policies are current with emerging technologies. This article examines the various approaches states are …

Avian Influenza Infection Alters Fecal Odor In Mallards, Bruce A. Kimball, Kunio Yamazaki, Dennis Kohler, Richard A. Bowen, Jack P. Muth, Maryanne Opiekun, Gary K. Beauchamp

United States Department of Agriculture Wildlife Services: Staff Publications

Changes in body odor are known to be a consequence of many diseases. Much of the published work on disease-related and body odor changes has involved parasites and certain cancers. Much less studied have been viral diseases, possibly due to an absence of good animal model systems. Here we studied possible alteration of fecal odors in animals infected with avian influenza viruses (AIV). In a behavioral study, inbred C57BL/6 mice were trained in a standard Y-maze to discriminate odors emanating from feces collected from mallard ducks (Anas platyrhynchos) infected with low-pathogenic avian influenza virus compared to fecal odors …

Cottontail Rabbit Papillomavirus Infection In A Desert Cottontail (Sylvilagus Audubonii) From Colorado, Usa, J. Jeffrey Root, Matthew W. Hopken, Thomas Gidlewski, Antoinette J. Piaggio

United States Department of Agriculture Wildlife Services: Staff Publications

A wild-caught desert cottontail rabbit (Sylvilagus audubonii) from Colorado was observed to have large, pedunculated, dark cutaneous lesions on its abdomen and cylindrical masses on its mouth. Morphologically, the masses were consistent with previous reports of virally induced papillomas. Subsequent DNA analysis indicated widespread infection with cottontail rabbit papillomavirus.

Landslides Cause Spatial And Temporal Gradients At Multiple Scales In The Luquillo Mountains Of Puerto Rico, Aaron B. Shiels, Lawrence R. Walker

United States Department of Agriculture Wildlife Services: Staff Publications

Landslides represent one of the most severe disturbances in montane forests because the main consequence of their occurrence is loss or downslope redistribution of the majority of the above- and below-ground biomass. We examined among-landslide gradients (size, slope, aspect, age, elevation) on 142 landslides in the Luquillo Mountains, Puerto Rico, created by three storms in 2003–2004. We also examined within-landslide gradients (top to bottom, edge to center, successional development) by reviewing 20 yr of landslide data in the Luquillo Mountains. Landslide abundance and plant successional patterns do not closely reflect the elevation gradient that is characteristic of this mountain range, …

Dietary Niche Differentiation Among Three Species Of Invasive Rodents (Rattus Rattus, R. Exulans, Mus Musculus), Aaron B. Shiels, Caitlin A. Flores, Arthur Khamsing, Paul D. Krushelnycky, Stephen M. Mosher, Donald R. Drake

United States Department of Agriculture Wildlife Services: Staff Publications

The diets of sympatric rodents partially define their realized niches. Identifying items in stomachs of introduced rodents helps determine rodents’ trophic positions and species most at risk of consumption. In the Hawaiian Islands, which lacked rodents prior to human arrival, three rodents (Rattus rattus or black rat, R. exulans or Pacific rat, Mus musculus or house mouse) commonly coexist in native habitats where they consume a wide range of plants and animals. These three rodent species were trapped in montane forest for 2.5 years; their stomach contents were analyzed to determine short-term diets (n = 12–95 indiv. per species), …

Estimating Prion Adsorption Capacity Of Soil By Bioassay Of Subtracted Infectivity From Complex Solutions (Basics), A. Christy Wyckoff, Krista L. Lockwood, Crystal Meyerett-Reid, Brady A. Michel, Heather Bender, Kurt C. Vercauteren, Mark D. Zabel

United States Department of Agriculture Wildlife Services: Staff Publications

Prions, the infectious agent of scrapie, chronic wasting disease and other transmissible spongiform encephalopathies, are misfolded proteins that are highly stable and resistant to degradation. Prions are known to associate with clay and other soil components, enhancing their persistence and surprisingly, transmissibility. Currently, few detection and quantification methods exist for prions in soil, hindering an understanding of prion persistence and infectivity in the environment. Variability in apparent infectious titers of prions when bound to soil has complicated attempts to quantify the binding capacity of soil for prion infectivity. Here, we quantify the prion adsorption capacity of whole, sandy loam soil …

New World Bats Harbor Diverse Influenza A Viruses, Suxiang Tong, Xueyong Zhu, Yan Li, Mang Shi, Jing Zhang, Melissa Bourgeois, Hua Yang, Xianfeng Chen, Sergio Recuenco, Jorge Gomez, Li-Mei Chen, Adam Johnson, Ying Tao, Cyrille Dreyfus, Wenli Yu, Ryan Mcbride, Paul J. Carney, Amy T. Gilbert, Jessie Chang, Zhu Guo, Charles T. Davis, James C. Paulson, James Stevens, Charles E. Rupprecht, Edward C. Holmes, Ian A. Wilson, Ruben O. Donis

United States Department of Agriculture Wildlife Services: Staff Publications

Aquatic birds harbor diverse influenza A viruses and are a major viral reservoir in nature. The recent discovery of influenza viruses of a new H17N10 subtype in Central American fruit bats suggests that other New World species may similarly carry divergent influenza viruses. Using consensus degenerate RT-PCR, we identified a novel influenza A virus, designated as H18N11, in a flat-faced fruit bat (Artibeus planirostris) from Peru. Serologic studies with the recombinant H18 protein indicated that several Peruvian bat species were infected by this virus. Phylogenetic analyses demonstrate that, in some gene segments, New World bats harbor more influenza …

Chapter 4 Biological Consequences For Landslide Ecology, Lawrence R. Walker, Aaron B. Shiels

United States Department of Agriculture Wildlife Services: Staff Publications

1. Landslide colonists have adaptations to survive low-nutrient, unstable substrates, where they may also experience temperature and water stress. Many of the species that colonize landslides are found exclusively in disturbed habitats and are known as gap specialists. Other colonists are common species in the adjacent undisturbed environment where their proximity to the landslide may have enabled rapid dispersal.

2. Microbes (including bacteria and fungi) are probably the first organisms to disperse to and colonize landslides. Symbiotic relationships, such as lichens, and plants with mycorrhizal fungi or nitrogen fixing bacteria, represent adaptations for survival in newly exposed, lownutrient landslide substrates. …

Chapter 3 Physical Causes And Consequences For Landslide Ecology, Lawrence R. Walker, Aaron B. Shiels

United States Department of Agriculture Wildlife Services: Staff Publications

1. The propensity for a landslide to occur is largely determined by potential slip planes, or weakness planes in the geological substrate, where the driving forces exceed resisting forces.

2. Landslide occurrence across the landscape is often unpredictable; substrates can be resistant to slippage for centuries and then suddenly experience instability that may result from human or non-human changes that disrupt the balance between driving and resisting forces at a slip plane.

3. Post-landslide erosion is common and can contribute as much as 33% of the total sediment loss from the site of landslide initiation. Such post-landslide erosion can continue …

Wildlife In Airport Environments: Chapter 3 Effectiveness Of Chemical Repellents In Managing Birds At Airports, Larry Clark, Michael L. Avery

United States Department of Agriculture Wildlife Services: Staff Publications

Repellents include methods and devices used to manipulate behavior of animals to reduce damage or nuisance. Critical to the design and success of repellents is understanding how sensory modalities mediate perception of signals, and how ecological context and sensory inputs influence animal learning. A repellent's success is tied to the axiom of using the proper tool for the proper job. When repellents "fail," it is almost always because wildlife managers have not appropriately matched signal, receiving systems, message, and context. Reconciling such considerations can be a complex process. In this chapter we review components and processes essential for the successful …

Toc Complex Formation: An Investigation Of The Interactions Governing Toc Complex Composition And Assembly, Steven R. Siman

Theses and Dissertations (Comprehensive)

Chloroplast-destined preproteins are translated in the cytosol, and posttranslationally targeted to and translocated across the double envelope membrane of the chloroplast by the coordinated activities of two translocon complexes: the Translocons at the Outer and Inner envelope membrane of the Chloroplast (TOC and TIC, respectively). In the model organism Arabidopsis thaliana the core TOC components include two families of GTPase receptors: TOC159 (atToc159, -132, and -120) and TOC34 (atToc33 and -34). These receptor families are hypothesized to assemble into distinct complexes and recognize transit peptides present on the N-terminus of chloroplast-destined preproteins. The GTPase domains of the TOC159 and TOC34 …

“It Feels Like Home”: The Impacts Of Supportive Housing On Male Youth – Perspectives Of Youth And Service Providers At Five Beds To Home, Sarah Michelle Ogden

Theses and Dissertations (Comprehensive)

This study identifies the impacts of supportive housing on the lives of male youth. The researcher studied the Five Beds to Home (Five Beds) supportive housing facility for male youth, located in Cambridge, Ontario. The study focused on two areas: one, the current engagement of tenants and second, the long term impacts on past tenants. Impacts include areas such as progress on or achievement of goals/overcoming challenges, employment and education status, happiness and health, and housing stability. The general research questions were as follows: 1) What are the impacts of supportive housing on the lives of male youth?, 2) What …

An Investigation Of Alternative Oxidase Presence, Expression, And Regulation In The Moss Physcomitrella Patens, Karina I. Neimanis

Theses and Dissertations (Comprehensive)

Alternative oxidase (AOX) is an inner mitochondrial membrane protein that introduces a branch point at ubiquinone within the respiratory electron transport system (ETS). The AOX protein bypasses two sites of proton translocation within the ETS and as a result the yield of ATP per oxygen consumed is significantly reduced. Although AOX appears to be energetically wasteful, recent studies have revealed that AOX has a wide taxonomic distribution. AOX multigene families, transcripts, protein levels, and enzymatic activity have been most thoroughly characterized in many angiosperm (flowering) plants. Given the data available for angiosperm AOXs, evidence of non-angiosperm AOXs in the primary …

Taking Up Space: A Case Study Exploration Of The Relationship Between Citizenship And Free Humanities Programs In Canada, Jessica L. Klassen

Theses and Dissertations (Comprehensive)

Citizenship is increasingly being utilized as the discourse to discuss inclusive and exclusive realities within a polity. This case study examines free humanities programs in Canada, which offer free university-level courses in the humanities to people experiencing marginalization in society. The stated intention of the programs is that, through education in the humanities, critical reflection, and access to the university space, students will increasingly engage in active citizenship and participate in the public sphere. This thesis explores the extent to which this intention has been realized. Primary data was collected from sixteen students, professors, and program coordinators of free humanities …

Cornelius Aurelius: The Upcycling Humanist - A Study Of The Libellus De Patientia, Samantha James

Theses and Dissertations (Comprehensive)

Cornelius Aurelius’ Libellus de Patientia (MS Leiden, UB, Vulcanius 66 f.45r-f.57v. [1524]), in terms of the author’s reception of the Manipulus florum, reveals much about the development of Northern Humanism, in the context of late medieval scholasticism and the Reformation. By thoroughly examining Libellus de Patientia, this paper will discuss Aurelius’ use of numerous quotations derived from the Manipulus florum as evidence of how this text should be situated in terms of intellectual continuity vs. change during this turbulent period with regards to the intellectual context of medieval scholasticism and renaissance humanism.

State Of Metropolitan Housing Report: 2013: For Rent., C. Norton, Lauren Heberle, A. Smith, M. Stone, J. Vick

Faculty and Staff Scholarship

No abstract provided.

Development And Outcomes Of An Experientially-Based Nonverbal Social Skills Curriculum For Youth With Visual Impairments, Rebecca J. Cicha

Theses and Dissertations

The importance of social skills training for youth with visual impairments has been widely researched within educational and rehabilitation settings. To date, social skills training curricula for visually impaired youth have largely utilized verbally-based methods for instruction and training. Given the non-visual aspects of human communication, it is proposed that verbal approaches to nonverbal social skills training may not be sufficient for visually impaired individuals. To address this issue, an experiential curriculum of nonverbal social skills training was developed that emphasized hands-on learning and practice of nonverbal social skills. This curriculum was administered to seventeen visually impaired youth attending short-term …

Modeling Arsenic, Antimony, And Selenium Partitioning During Coal Combustion, David W. James

Theses and Dissertations

Even though greenhouse gas emissions have gained widespread recent attention, they are not the only form of pollution associated with coal. Several trace elements liberated from the coal matrix during combustion represent additional pollutants that must be understood and controlled. These elements have a variety of ways in which they are associated within coal, which impacts how they may be released into the environment. Namely, trace elements are classified as "included," "excluded," or "organically bound." Specific elements-arsenic, antimony, and selenium-are of particular interest due to their semi-volatile nature.

Modeling the partitioning of semi-volatile elements-arsenic, antimony, and selenium-is the focus of …

Civic Education And Democratic Capacity : How Do Teachers Teach And What Works?, Allison M. Martens, Jason Gainous

Faculty and Staff Scholarship

Objectives In recent years, political scientists have found that civic education improves the democratic capacity of students, yet little research has been done to date on how and why civic education works when it does. In this study, we go inside the classroom to explore how teachers teach civics to find out what works best at preparing young people for responsible, democratic citizenship. Methods Using a survey of American students, principals, and teachers, we examine the varied instructional methods being employed by social studies teachers in ninth-grade classrooms across the country to determine which methods and which combinations of methods …