Digital Commons Network^™

From Sovereignty And Process To Administration And Politics: The Afterlife Of American Federalism, Jessica Bulman-Pozen

Faculty Scholarship

Announcing the death of dual federalism, Edward Corwin asked whether the states could be “saved as the vital cells that they have been heretofore of democratic sentiment, impulse, and action.” The federalism literature has largely answered in the affirmative. Unwilling to abandon dual federalism’s commitment to state autonomy and distinctive interests, scholars have proposed new channels for protecting these forms of state-federal separation. Yet today state and federal governance are more integrated than separate. States act as co-administrators and co-legislatures in federal statutory schemes; they carry out federal law alongside the executive branch and draft the law together with Congress. …

The New Sex Discrimination, Zachary A. Kramer

Duke Law Journal

Sex discrimination law has not kept pace with the lived experience of discrimination. In the early years of Title VII of the Civil Rights Act of 1964, courts settled on an idea of what sex discrimination looks like—formal practices that exclude employees based on their group membership. The problem is that sex discrimination has become highly individualized. Modern sex discrimination does not target all men or all women, nor does it target subgroups of men or women. The victims of modern sex discrimination are particular men and women who face discrimination because they do not or cannot conform to the …

Mad Money: Rethinking Private Placements, Abraham Cable

Faculty Scholarship

Currently, regulations try to limit unregistered sales of stock (private placements) to the “smart money,” either by informing investors through disclosure or excluding unsophisticated investors from the market. In theory, these smart-money approaches promote the dual goals of capital formation and investor protection. But in practice, regulators have struggled to craft effective disclosure or screening mechanisms. In light of these failures, this Article advocates for a new approach—investment caps that allow every investor a limited amount of “mad money” to invest in risky private placements. This mad-money approach can protect investors by encouraging basic diversification and liquidity, while advancing capital …

The Anomaly Of Entrapment, Jessica A. Roth

Articles

Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying threats too late, government agents are moving aggressively to identify potential terrorists before they strike. Undercover agents and confidential informants necessarily play a large role in such efforts. As a result of such operations, we have seen a number of cases brought to trial in the federal courts in which defendants have asserted the entrapment defense. To date, the defense has not succeeded. However, as a consequence of these cases, the United States Supreme Court may …

Twenty-Eighth Annual Bibliography 2014 (Contemporary German Literature Collection), Brian Vetruba, Paul Michael Lützeler, Katharina Böhm

WashU Libraries Publications

The 28th bibliography for 560 volumes added to Washington University Libraries' Contemporary German Literature Collection. All published in 2014, these acquisitions include novels, poetry, short story collections, essays, autobiographical works, and literary and cultural periodicals mainly from publishers in Germany, Austria, and Switzerland. A small number of items published in Italy and Luxembourg were also added. This Collection serves as the research arm for the Department of Germanic Languages and Literature's Max Kade Center for Contemporary German Literature. A bibliography of items added the previous year is compiled each year by Washington University's Department of Germanic Languages and Literatures in …

Dissemination Of The Transmissible Quinolone-Resistance Gene Qnrs1 By Incx Plasmids In Nigeria, Eric T. Sumrall '13, Elizabeth B. Gallo '12, Aaron Aboderin Oladipo, Adebayo Lamikanra, Iruka N. Okeke

Biology Faculty Scholarship

The plasmid-encoded quinolone resistance gene qnrS1 was recently found to be commonly associated with ciprofloxacin resistance in Nigeria. We mapped the qnrS1 gene from an Escherichia coli isolate obtained in Nigeria to a 43.5 Kb IncX2 plasmid. The plasmid, pEBG1, was sufficient to confer ciprofloxacin non-susceptibility, as well as tetracycline and trimethoprim resistance, on E. coli K-12. Deletion analysis confirmed that qnrS1 accounted for all the ciprofloxacin non-suceptibility conferred by pEBG1 and tetracycline and trimethoprim resistance could be attributed to tetAR and dfrA14 genes respectively. While it contained a complete IncX conjugation system, pEBG1 was not self-transmissible likely due to …

Mirror Movement-Like Defects In Startle Behavior Of Zebrafish Dcc Mutants Are Caused By Aberrant Midline Guidance Of Identified Descending Hindbrain Neurons, Roshan A. Jain

Biology Faculty Scholarship

No abstract provided.

The Effect Of Hybrid Transgression On Environmental Tolerance In Experimental Yeast Crosses, Rike B. Stelkens, Michael A. Brockhurst, Greg D.D. Hurst, Eric L. Miller, Duncan Greig

Biology Faculty Scholarship

No abstract provided.

Profit For Costs, Morris A. Ratner, William B. Rubenstein

Faculty Scholarship

No abstract provided.

Protecting Your Environment, Exacerbating Justice: Avoiding "Mandate Havens", David Takacs

Faculty Scholarship

No abstract provided.

Fitting Science Into Legal Contexts: Assessing Effects Of Causes Or Causes Of Effects?, David Faigman, Philip A. Dawid, Steven E. Feinberg

Faculty Scholarship

No abstract provided.

Phosphorus Forms And Availability In Organicallymanaged Grasslands, Saraswati Poudel Acharya

Graduate Theses, Dissertations, and Problem Reports (ETD)

Phosphorus (P), an essential element for plants and animals, can be a limiting nutrient in organically-managed soils. To better understand P dynamics in organically-managed grasslands, P forms and availability in certified organic grasslands at the WVU Organic Research Farm were determined. The experimental design was a randomized complete block established in 2000 and has been maintained continuously with certified organic methods. We compared three Usage systems (Pasture, Buffer, and Hay) each at two levels of Fertility (High and Low). Phosphorus forms were determined by sequential fractionation with H2O, NaHCO3, NaOH and HCl. Extractable P was determined using several soil test …

Shedding Light On Gis: A 3d Immersive Approach To Urban Lightscape Integration Into Gis, Andrew Kaufman

Graduate Theses, Dissertations, and Problem Reports (ETD)

Geographic Information Systems (GIS) have the ability to map, model, and analyze real world data and phenomena, and yet visibility and lighting conditions are rarely considered or researched in Geographic Information Science (GISci). Lighting technologies have been created and implemented to overcome the darkness of night and other issues of visibility, and in no place is that more evident than urban areas. Though not researched heavily in GIS, it is now possible to model and analyze lighting of the built environment using GIS, 3D modeling and rendering software. This thesis explores the night time urban lightscape, its spatial aspects and …

Vanishing Power Lines And Emerging Distributed Generation, Gina S. Warren

Faculty Scholarship

Experts predict that distributed energy will contribute as much as twenty percent of the U.S. power supply by 2020. While no one will wake up tomorrow morning to an entirely new energy distribution system — complete with solar panels on the roof and a wind turbine in the back yard — distributed generation is receiving significant attention as the disruptive technology that will ultimately revolutionize the way energy is delivered in the United States. The reason for this shift is, in part, due to new technology that allows for more flexible localized generation of energy, and in part due to …

Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan Carpenter, Steven Hetcher

Faculty Scholarship

This Article examines the ways that contemporary creativity challenges copyright's fixation requirement. In this Article, we identity concrete problems with the fixation requirement, both practically and in light of the fundamental purpose and policy behind copyright law, and argue for a change that would amend the fixation requirement to better function in the modern era. Specifically, we conclude that a fair appraisal of the justifications for the fixation requirement provides little, if any, rationale for fixation except to the extent that fixation helps to separate idea from expression in determining the "metes and bounds" of creative expression. Recent case law …

2014 Aasu Women's Basketball Guide, Armstrong State University

Armstrong Athletics: Women's Basketball Records (Archived)

No abstract provided.

Patenting Proteins After Myriad, Priti Deka Phukan

Law Student Scholarship

No abstract provided.

What Color Are Their Tears? The Life And Work Of Robi Damelin Of Israel, Sigrid Tornquist

Kroc IPJ Research and Resources

In the following pages, you will find narrative stories about a Woman PeaceMaker, along with additional information to provide a deep understanding of a contemporary conflict and one person’s journey within it. These complementary components include a brief biography of the peacemaker, a historical summary of the conflict, a timeline integrating political developments in the country with personal history of the peacemaker, and a question-and-answer transcript of select interviews during her time at the Joan B. Kroc Institute for Peace and Justice.

Robi Damelin is a spokesperson and director of the Women’s Group for the Parents Circle-Families Forum (PCFF), a …

Pushing The Limits: Risk And Accomplishment In Musical Performance, David Clowney, Robert Rawlins

Contemporary Aesthetics (Journal Archive)

Using examples from musical performance of several kinds, we argue that risk-taking, showing off, virtuosity, and other forms of musical showmanship are in many cases, though not in all, an integral and appropriate part of the music as performed on that occasion. We reflect on the difference between cases where this is so and cases where it is not, using insights from John Dewey’s aesthetics as articulated in Art as Experience.

Politics And Aesthetics: Partitions And Partioning In Contemporary Art, Jonathan Owen Clark, Joao Lima Duque

Contemporary Aesthetics (Journal Archive)

Jacques Rancière defined the “distribution of the sensible” as the effect of a type of aesthetico-political decision-making that creates a partitioning of the realm of the perceivable in relation to both art and society. The artworld itself constructs its own particular types of curatorial partitioning: between “art” and “non-art,” between “dominant, residual, and emergent,” and between “mainstream” and “periphery.” This essay examines certain “boundary effects” that develop as a result of the act of the partitioning itself and closely examines what arguably are two new categories in contemporary art: “crossover” and “interventionist.” Both categories have a certain relationship to a …

Harnessing The Imagination: The Asymmetry Of Belief And Make-Believe, Elisa Galgut

Contemporary Aesthetics (Journal Archive)

Contemporary philosophical discussion on the nature of the imagination has been influenced by recent empirical work in cognitive science. Our imaginative and emotional engagement with works of fiction has been explained by appealing to the similarities between our ordinary cognitive functioning and the workings of our imagination. Believing and imagining, it is argued, are governed by a “single code.” I argue against this claim, and suggest that our imagination – and in particular our literary imagination – in many respects functions very differently from ordinary cognition.

How Much Autonomy Do You Want?, Maimon Schwarzschild

Faculty Scholarship

No abstract provided.

Understanding The Development Of Global Leadership Competencies, Andrea L. Mcmullen Phd

Dissertations

As businesses seek to gain a competitive advantage in a rapidly evolving global marketplace and in the midst of a global talent shortage, the demand is increasing for guidance surrounding the development of global leaders. Although competency model frameworks have existed since the 1970s, the process of how an organization develops Global Leadership Competencies (GLCs) has not been well documented, particularly in new and evolving industries such as the biosciences. Furthermore, despite the time, effort, and money spent on learning and development or training programs, there are no studies that investigate employer-learner perceptions regarding the alignment of these learning programs …

Tearing Out The Income Tax By The (Grass)Roots, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

An Archaeological Investigation Into The Cluskey Embankment Stores, Andrew B. Ayala

College of Graduate Studies: Theses & Dissertations

Between November 2012 and June 2013 Georgia Southern University conducted an archaeological investigation into the Cluskey Embankment Stores (9CH1352) on behalf of the City of Savannah, Georgia. The project was first initiated by the Earl T. Shinhoster Youth Leadership Institute over a concern of how the vaults were being used. Members of the Shinhoster organization went before City Council and proposed an archaeological investigation of the Vaults. The City Council supported to the proposal and the City’s Research Library & Municipal Archives contacted Dr. Sue Moore of Georgia Southern University to conduct an archaeological investigation of the site. The Cluskey …

Curiosity Killed The Cat: Investigating A Link Between Curiosity And Risk-Taking Propensity, Carolyn E. Gibson

College of Graduate Studies: Theses & Dissertations

Curiosity, or the drive for information and experiences that motivates exploration, plays a role in intellectual development. Curiosity is perhaps essential to education and intellectual achievement, but curiosity research is limited. Curiosity has been thought a motivation for learning and a cause of non-sanctioned behaviors and behavioral disorders. This prompts a connection with decision-making, specifically risky decision-making, perhaps with curiosity as a motivating force. In Experiment 1, college students were primed with curiosity, then participated in a lab-based behavioral measure of risk-taking, the Balloon Analogue Risk Task, and answered self-report inventories concerning risk-taking and curiosity. In Experiment 2, 4th and …

None Of The Laws But One, Neil S. Siegel

Faculty Scholarship

This Symposium contribution explores differences in how congressional Republicans responded to Medicare and how they responded to the Patient Protection and Affordable Care Act (ACA). Given the narrowness of the constitutional challenges to the ACA that congressional Republicans promoted and the many federal taxes, expenditures, and regulations that they support, this Article rejects the suggestion that today's Republicans in Congress generally possess a narrow view of the constitutional scope of federal power. The Article instead argues that congressional Republicans then and now-and the two parties in Congress today-fracture less over the constitutional expanse of congressional authority and more over the …

Extended Preferences And Interpersonal Comparisons: A New Account, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Big Data And Due Process, Brandon L. Garrett

Faculty Scholarship

Today, electronic footprints may follow us wherever we go. Electronic traces, left through a smartphone or other device, can be tracked to the scene of a crime, or they can place a person far from a crime scene. By the same token, individuals may be falsely implicated due to errors in large government or commercial databases, and evidence of innocence may linger in such archives without ever coming to light. Professors Joshua Fairfield and Erik Luna and have done an important service by carefully introducing the problem of “digital innocence” and marking out areas in need of clear thinking and …

Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley

Faculty Scholarship

No abstract provided.