Digital Commons Network^™

The Historical Contingencies Of Conflict Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” …

Regulation Of Dispute Resolution In The United States Of America: From The Formal To The Informal To The ‘Semi-Formal’, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The story of ADR in the US is one of ‘co-optation’ of what was to be a serious challenge to formalistic and legalistic approaches to legal and social problem solving and is now highly institutionalized by its more formal use in courts. At the same time, use of private forms of dispute resolution in mediation, arbitration and newly hybridised forms of dispute resolution among disputants who can choose (and afford) to leave the formal justice system (in both large commercial matters and private family matters) has resulted in claims of increased privatization of justice, with consequences for access to …

The Rebirth Of The Neighborhood, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This essay argues that new urban residents primarily seek a type of community properly called a neighborhood. “Neighborhood” refers to a legible, pedestrian-scale area that has an identity apart from the corporate and bureaucratic structures that dominate the larger society. Such a neighborhood fosters repeated, casual contacts with neighbors and merchants, such as while one pursues Saturday errands or takes children to activities. Dealing with independent local merchants and artisans face-to-face provides a sense of liberation from large power structures, where most such residents work. Having easy access to places of sociability like coffee shops and bars permits spontaneous “meet-ups,” …

Black Male Exceptionalism? The Problems And Potential Of Black Male-Focused Interventions, Paul D. Butler

Georgetown Law Faculty Publications and Other Works

“Black male exceptionalism” is the premise that African American men fare more poorly than any other group in the United States. The discourse of Black male exceptionalism presents African American men as an “endangered species.” Some government agencies, foundations, and activists have responded by creating “Black male achievement” programs. There are almost no corresponding “Black female achievement” programs. Yet empirical data does not support the claim that Black males are burdened more than Black females. Without attention to intersectionality, Black male achievement programs risk obscuring Black females and advancing patriarchal values. Black male achievement programs also risk reinforcing stereotypes that …

Contract Hope And Sovereign Redemption, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Sovereign immunity has served as a partial substitute for bankruptcy protection, but it has encouraged a minority of creditors to pursue unorthodox legal remedies with spillover effects far beyond the debtor-creditor relationship. The attempt to enforce Argentina’s pari passu clause in New York is an example of such a remedy, which relies primarily on collateral damage to other creditors and market infrastructure to obtain settlement from a debtor that would not pay. The District Court decision, now on appeal before the Second Circuit, may not make holding out more attractive in future restructurings – but it would make participation less …

Communicative Content And Legal Content, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay investigates a familiar set of questions about the relationship between legal texts (e.g., constitutions, statutes, opinions, orders, and contracts) and the content of the law (e.g., norms, rules, standards, doctrines, and mandates). Is the original meaning of the constitutional text binding on the Supreme Court when it develops doctrines of constitutional law? Should statutes be given their plain meaning or should judges devise statutory constructions that depart from the text to serve a purpose? What role should default rules play in the interpretation and construction of contracts? This essay makes two moves that can help lawyers and legal …

The Wages Of Crying Judicial Restraint, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Five Justices voted to affirm the proposition that the Constitution creates a government of limited and enumerated powers and that the courts will enforce those limits. To understand why this victory was possible, it is important to understand that there are not just two versions of federalism, pre‐New Deal and post‐New Deal. There is also a third version. The failure to recognize the third version goes a long way to explain why most of my academic colleagues predicted that the right would have no chance to prevail in our constitutional challenge to the individual insurance mandate.

The first version of …

Putting A Price On Whales To Save Them: What Do Morals Have To Do With It?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

The author explores the moral implication of a proposal to create an international market in whale shares as an alternative to the dysfunctional International Whaling Commission. She finds the proposal amoral because whales, like humans, have an intrinsic right to life. Since this leaves whales vulnerable to whale hunting nations, she suggests that international environmental organizations might help a whale preservation norm emerge in whaling nations by using education and interventionist activities that focus on whaling’s cruelty to ultimately encourage the citizens and governments of those nations to change their self-image as whale eating cultures.

Why Changing Norms Is A More Just Solution To The Failed International Regulatory Regime To Protect Whales Than A Trading Program In Whale Shares, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Whales capture the public's imagination like no other wild animal. They have played a central role in "the social construction of modern ecological thought." Indeed, the survival of whales has been a symbol of the environmental movement since the latter quarter of the twentieth century, when the "slogan 'save the whales' was a call to arms to save the planet from humanity's folly. " Stories about whale conservation implicate cultural clashes, interspecies morality, and global politics. They offer lessons in how not to manage a natural resource, and simultaneously show how both governmental and individual activism can overcome this mismanagement …

Honor And Destruction: The Conflicted Object In Moral Rights Law, Sonya G. Bonneau

Georgetown Law Faculty Publications and Other Works

In 1990, the Copyright Act was amended to name visual artists, alone among protected authors, possessors of "moral rights," a set of non-economic intellectual property rights originating in nineteenth-century Europe. Although enhancing authors' rights in a user-oriented system was a novel undertaking, it was rendered further anomalous by the statute's designated class, given copyright's longstanding alliance with text. And although moral rights epitomize the legacy of the Romantic author as a cultural trope embedded in the law, American culture offered little to support or explain the apparent privileging of visual artists over other authors. What, if not a legal or …

Membrane And Dna Damaging/Protective Effects Of Eugenol, Eucalyptol, Terpinen-4-Ol, And Camphor At Various Concentrations On Parental And Drug-Resistant H1299 Cells, Aysun Özkan, Ayşe Erdoğan

Turkish Journal of Biology

Eugenol, eucalyptol, terpinen-4-ol, and camphor, used as flavor agents in cosmetic and food products, have both prooxidant and antioxidant activities. To clarify the mechanisms of their cytotoxic effect and the factors affecting their antioxidant/prooxidant activities, we investigated cell membrane and DNA damage/protective effects induced by eugenol, eucalyptol, terpinen-4-ol, and camphor in parental and drug-resistant human lung cancer cell lines. The parental cells were found approximately 3, 6, and 8 times more sensitive to camphor cytotoxicity than drug-resistant cells at 24, 48, and 72 h respectively. The cytotoxic activity for both cell types was found to be in the order of …

Proteomic Evidence For The Plasticity Of Cultured Vascular Smooth Muscle Cells, Ahmet Tarik Baykal, Betül Baykal, Müge Serhatli, Zelal Adigüzel, Mehmet Altuğ Tunçer, Ömer Kaçar, Kemal Baysal, Ceyda Açilan Ayhan

Turkish Journal of Biology

Morphological, functional, and gene expression studies have established the phenotypic plasticity of smooth muscle cells (SMCs). These cells have been shown to respond to environmental stimulants such as extracellular matrix and growth factors. Cellular changes can vary between extremes defined as the contractile and synthetic states. Various growth factors have been shown to have profound effects on the phenotype of these cells. In this study, we intended to investigate the effects of growth factor-rich medium on the protein expression of vascular SMCs in culture. Interestingly, transiently changing the type of medium did not result in any apparent morphological differences, yet …

Transcriptional Profiling Of Transferrin Gene From Egyptian Cotton Leaf Worm, Spodoptera Littoralis, Nurper Güz, Asli Dağeri̇, Tuğba Erdoğan, Mouzhgan Mousavi, Şeri̇fe Bayram, Mehmet Oktay Gürkan

Turkish Journal of Biology

Iron is an essential nutrient for almost all organisms, but it is also a potent toxin because it can catalyze oxidative reactions that are destructive to cells. Transferrin is an essential protein involved in iron metabolism, immunity, and vitellogenesis in insects. We have characterized a cDNA encoding a putative iron-binding transferrin (SpliTrf) in Egyptian cotton leaf worm, Spodoptera littoralis (Lepidoptera: Noctuidae), an important pest that causes extensive losses in many vegetable, fodder, and fiber crops. The structure of the putative SpliTrf showed significant homology to other insect transferrins. Gene expression of SpliTrf was examined from different adult tissues including the …

Genetic Diversity Of Golden Root (Rhodiola Rosea L.) In Northern Norway Based On Recently Developed Ssr Markers, Zsuzsanna György, Erling Fjelldal, Anna Szabó, Paul Eric Aspholm, Andrzej Pedryc

Turkish Journal of Biology

Roseroot (Rhodiola rosea L.), an adaptogenic herb, has received increased attention in recent years. The genetic diversity of roseroot was studied with simple sequence repeat (SSR) markers, which have not been widely used so far. Plants were collected in Finnmark County, Norway, from 10 habitats. Eight recently developed microsatellite (SSR) markers were used to assess genetic diversity. However, only 4 SSR markers were informative during this study. The primer pairs for these 4 SSR markers produced 20 fragments with an average of 5 putative alleles per locus. Observed heterozygosity was 1.0 at each locus, whereas expected heterozygosity ranged from 0.60 …

Forecasting Groundwater Responses To Dam Removal, Antony Ray Berthelote

Graduate Student Theses, Dissertations, & Professional Papers

This dissertation contains three papers describing groundwater system responses to dam removals and presents current and new methodologies that managers can use to proactively forecast and mitigate those impacts. The three papers bring together literature, data gathering, data analysis, testing, and modeling techniques that apply groundwater science to forecasting the response of groundwater systems to dam removal actions. Conceptual and numerical models developed as part of this work provide scientists, environmental consultants, regulators and managers with tools to assess the consequences of the removal of stream reservoirs on the adjacent and underlying groundwater system The first chapter/paper, Responses of Groundwater …

Patron-Driven Acquisition And Circulation At An Academic Library: Interaction Effects And Circulation Performance Of Print Books Acquired Via Librarians’ Orders, Approval Plans, And Patrons’ Interlibrary Loan Requests, David C. Tyler, Christina D. Falci, Joyce C. Melvin, Marylou Epp, Anita M. Kreps

University of Nebraska-Lincoln Libraries: Faculty Publications

Numerous publications on patron-driven acquisition (PDA) for print books and similar materials have reported that patron-requested materials circulate more. Tying circulation to selector may be failing to address the complex of factors that contributes to items’ circulation. In the present study, the authors revisit a PDA program’s data and to determine whether PDA print books’ circulation advantage persists when the potential interactions of several additional variables are taken into account. As with prior studies, library patrons were significantly better predictors of circulation than were librarians or approval plans. However, librarians proved to be significantly better predictors than were approval plans.

Nebraska Students In Transition: The Evolution Of A Partnership, Toni Anaya, Charlene Maxey-Harris

University of Nebraska-Lincoln Libraries: Faculty Publications

Since 2010, the University of Nebraska-Lincoln (UNL) libraries have been collaborating with the Office of Admissions on an innovative program working with high school seniors through the Nebraska College Preparatory Academy (NCPA). Over the past 10 years, Nebraska has been affected by Nebraska's dramatic changes in racial and ethnic diversity. Despite a rapid rise in ethnic diversity over the past 10 years, the state was still 90 percent white at the time of the 2010 census. Over the past decade, UNL has been interested in actively recruiting students and faculty from ethnically diverse backgrounds. This initiative centers on recruitment strategies …

Association Of Iron Depletion With Menstruation And Dietary Intake Indices In Pubertal Girls: The Healthy Growth Study, George Moschonis, Dimitrios Papandreou, Christina Mavrogianni, Angeliki Giannopoulou, Louisa Damianidi, Pavlos Malindretos, Christos Lionis, George P. Chrousos, Yannis Manios

All Works

The aim of the present study was to investigate the associations of iron depletion (ID) with menstrual blood losses, lifestyle, and dietary habits, in pubertal girls. The study sample comprised 1222 girls aged 9-13 years old. Biochemical, anthropometrical, dietary, clinical, and physical activity data were collected. Out of 274 adolescent girls with menses, 33.5% were found to be iron depleted (defined as serum ferritin < 12 g/L) compared to 15.9% out of 948 girls without menses. Iron-depleted girls without menses were found to have lower consumption of poultry (P = 0.017) and higher consumption of fruits (P = 0.044) and fast food (P = 0.041) compared to their peers having normal iron status. Multivariate logistic regression analysis showed that girls with menses were 2.57 (95% CI: 1.37, 4.81) times more likely of being iron depleted compared to girls with no menses. Iron depletion was found to be associated with high calcium intake, high consumption of fast foods, and low consumption of poultry and fruits. Menses was the only factor that was found to significantly increase the likelihood of ID in these girls. More future research is probably needed in order to better understand the role of diet and menses in iron depletion. © 2013 George Moschonis et al.

Katz On A Hot Tin Roof: Saving The Fourth Amendment From Commercial Conditioning By Reviving Voluntariness In Disclosures To Third Parties, Mary Graw Leary

Scholarly Articles

In a world in which Americans are tracked on the Internet, tracked through their cell phones, tracked through the apps they purchase, and monitored by hundreds of traffic cameras, privacy is quickly becoming nothing more than a quaint vestige of the past.

In a previous article discussing the intersection of technology and the Fourth Amendment, I proposed reframing the issue away from conventional commentary. The Missed Opportunity of United States v. Jones: Commercial Erosion of Fourth Amendment Protection in a Post-Google Earth World, 15 PENN. J. CON. L. 331, 333 (2012). That article posits that society has reached the point …

Improving Brain–Machine Interface Performance By Decoding Intended Future Movements, Francis R. Willett, Aaron J. Suminski, Andrew H. Fagg, Nicholas G. Hatsopoulos

Biomedical Engineering Faculty Research and Publications

Objective. A brain–machine interface (BMI) records neural signals in real time from a subject's brain, interprets them as motor commands, and reroutes them to a device such as a robotic arm, so as to restore lost motor function. Our objective here is to improve BMI performance by minimizing the deleterious effects of delay in the BMI control loop. We mitigate the effects of delay by decoding the subject's intended movements a short time lead in the future. Approach. We use the decoded, intended future movements of the subject as the control signal that drives the movement of our BMI. This …

Longitudinal Analysis Of Perceived Body Image, Sport Commitment, Burnout, And Athletic Injury, Erik Chaouch

Dissertations and Theses @ UNI

Injury is a risk that all athletes face while participating in sport. How injuries affect athletes perceived body image, sport commitment levels, and burnout levels are not yet fully understood. Athletes are aware of what the media portrays an athlete as, aware of what peers think an athlete should look like, and even have their own pre-conceived notions as to what an athlete’s body should look like. Many athletes perceive their bodies to be appropriate for their sport, yet there is dissatisfaction with their own bodies in the context of what is socially considered to be attractive. A distorted body …

The Role Of Social Support And Emotional Representations In Health Outcomes For Individuals With Chronic Illness, Courtney Ann Lemons

UNF Graduate Theses and Dissertations

Health related outcomes for individuals with chronic symptoms of illness can be influenced by complex, socio-emotional processes. The primary interest of this study was to determine whether perceived social support lessens the negative emotional appraisals of illness experience (e.g. anger, fear, hostile interpretations of illness), and the role of these emotional appraisals in health outcomes for those diagnosed either with a conventional chronic illness (e.g. diabetes, arthritis, chronic obstructive pulmonary disease) or a functional somatic syndrome (e.g. fibromyalgia, chronic fatigue syndrome, irritable bowel). Data for this study were collected from a series of four surveys administered online, which included measures …

Creativity Across Cultures: A Comparison Of Cognitive Creativity To Creative Achievement Between The United States And India, Smit Shah

UNF Graduate Theses and Dissertations

Creativity is a topic that is relevant to everyday life. Research in this area has mainly focused on comparing creativity in work contexts and between Eastern and Western conceptualizations. The current study was designed to measure differences in creativity between students in the United States and India by comparing a measure of cognitive creativity, the Abbreviated Torrance Test for Adults, to a measure of creative achievement, the Creative Achievement Questionnaire. The results from a linear regression showed that the Abbreviated Torrance Test for Adults was predictive of the Creative Achievement Questionnaire in the United States, but not in India. Results …

The Effect Overall Density Plays On Performance And Preference In A Windowed Environment, Lucas M. Downard

UNF Graduate Theses and Dissertations

This thesis consists of fundamental research into the effect that a display’s overall density has on a user’s performance and preference while performing simple tasks using a window-styled computer application specifically developed for this study. This study sought to reevaluate previous findings by exploring their application in the more current, present-day environment. In this research, overall density was considered to be a measure of a screen’s complexity and was examined at three different levels. Users performed a series of tasks using only one of three available screens with different density levels. The same tasks were performed by all users to …

The Effects Of An Intervention That Includes In-Class Coaching On Preschool Teachers And Children, Amber K. Oliveira

UNF Graduate Theses and Dissertations

The impact of high quality early learning experiences on a child's development is profound. Teacher quality has been deemed an important predictor of classroom quality, but currently teachers in Voluntary Prekindergarten (VPK) in the state of Florida are required to meet minimal training requirements. The purpose of this study was to examine an intervention including in-class coaching as a means of professional development to better prepare preschool teachers. The present study included and examination of the changes in environmental quality, child outcomes, and teacher perceptions after the intervention. Scores obtained were compared before and after the intervention. A two-tailed t-test …

Bacteriostatic Effects Of Sucralose On Environmental Bacteria, Arthur Phillip Omran Jr.

UNF Graduate Theses and Dissertations

Sucralose is a zero calorie sweetener developed and manufactured by Tate and Lyle Sweetener Company in the 1980’s. They sell the sweetener compounded with maltodextrin and dextrose under the brand name Splenda®. Sucralose was developed as a low cost artificial sweetener that is non-metabolizable in humans and can withstand changes in pH and temperature. It is not degraded by the waste water treatment process. Since the molecule can withstand heat, acidification and microbial degradation it is accumulating in the environment, and has been found in waste water, estuaries, rivers and the Gulf Stream. The highest concentration of environmental sucralose detected …

The Influence Of Levels Of Processing On Spanish-English Bilingual False Memory, Hanna I. Giraldo

UNF Graduate Theses and Dissertations

In this study we investigated the role of semantic-processing on memory for Spanish-English bilinguals using the DRM paradigm (Deese, 1959; Roediger & McDermott, 1995), a procedure commonly used to elicit false memories. Participants were tested in within-language (i.e., encoding language and recall language match) and across-language (i.e., encoding language and recall language mismatch). The results indicated higher levels of recall for semantic processing in all conditions, however at the cost of higher thematically-related intrusions. These findings are consistent with the “more is less” pattern (Toglia, Neuschatz, & Goodwin, 1999), wherein greater correct recall is accompanied by greater false recall. In …

Performance Evaluation And Comparison Of Distributed Messaging Using Message Oriented Middleware, Naveen Mupparaju

UNF Graduate Theses and Dissertations

Message Oriented Middleware (MOM) is an enabling technology for modern event- driven applications that are typically based on publish/subscribe communication [Eugster03]. Enterprises typically contain hundreds of applications operating in environments with diverse databases and operating systems. Integration of these applications is required to coordinate the business process. Unfortunately, this is no easy task. Enterprise Integration, according to Brosey et al. (2001), "aims to connect and combines people, processes, systems, and technologies to ensure that the right people and the right processes have the right information and the right resources at the right time"[Brosey01]. Communication between different applications can be achieved …

An In Depth Analyses Of Specific Language Impairment As Compared To Other Developmental Disorders, Adam W. Stein Mr.

UNF Graduate Theses and Dissertations

Specific language impairment (SLI), defined as a disproportionate difficulty in learning language despite having normal hearing, intelligence, and no known neurological or emotional impairment, has been shown to share similar cognitive characteristics with individuals with attention deficit hyperactive disorder (ADHD). However, little research has investigated the dissimilarities in these two different developmental disorders. Children with SLI also show many similar symptoms with individuals diagnosed with dyslexia. The aim of these studies is to get a better understanding of cognitive differences between SLI and ADHD, and the cognitive similarities between SLI and dyslexia. Tests of both verbal and non-verbal measures of …

Usft 2013 Usf Libraries Annual Report, Usf Libraries

Library Annual Reports

No abstract provided.