Digital Commons Network^™

Methods For Integrative Analysis Of Genomic Data, Paul Manser

Theses and Dissertations

In recent years, the development of new genomic technologies has allowed for the investigation of many regulatory epigenetic marks besides expression levels, on a genome-wide scale. As the price for these technologies continues to decrease, study sizes will not only increase, but several different assays are beginning to be used for the same samples. It is therefore desirable to develop statistical methods to integrate multiple data types that can handle the increased computational burden of incorporating large data sets. Furthermore, it is important to develop sound quality control and normalization methods as technical errors can compound when integrating multiple genomic …

A Diamond In The Rough: Trans-Substantivity Of The Federal Rules Of Civil Procedure And Its Detrimental Impact On Civil Rights, Suzette Malveaux

Publications

No abstract provided.

The Capture Of International Intellectual Property Law Through The U.S. Trade Regime, Margot E. Kaminski

Publications

For years, the United States has included intellectual property ("IP") law in its free trade agreements. This Article finds that the IP law in recent U.S. free trade agreements differs subtly but significantly from U.S. IP law. These differences are not the result of deliberate government choices, but of the capture of the U.S. trade regime.

A growing number of voices has publicly criticized the lack of transparency and democratic accountability in the trade agreement negotiating process. But legal scholarship largely praises the 'fast track" trade negotiating system. This Article reorients the debate over the trade negotiating process away from …

The Administrative State's Passive Virtues, Sharon B. Jacobs

Publications

Fifty years ago, Alexander Bickel famousy suggested that courts use tools like standing, ripeness, and the political question doctrine to avoid reaching the merits of difficult cases. Yet despite the increasingly central role of administrative agencies in government, there have been no efforts to date to apply Bickel's insights to the bureaucracy. This Article remedies that deficit. The Article provides a three-part taxonomy of administrative restraint and offers case studies from federal agencies such as the Federal Energy Regulatory Commission, the Environmental Protection Agency, and the Fish and Wildlife Service. It argues that agencies sometimes use restraint strategically for reasons …

In Praise Of Peculiar Bliss: Adherence And Innovation In John Keats's Personal Theology, Mason Walker

The Expositor: A Journal of Undergraduate Research in the Humanities

No abstract provided.

Branding The Post-Closing Dispute, Jennifer Sullivan

Publications

No abstract provided.

European Courts As Value-Harmonizing “Motors Of Integration”, Josef Bejček

Yearbook of Antitrust and Regulatory Studies

The paper first deals with the conditions and prerequisites of adopting European law before the former „real-socialist” countries joined the EU. The key role of European Courts is described by showing that they worked as de facto virtual legislators even before accession. It is emphasized that European Courts have provided the courts and antitrust authorities of new Member States with an inestimable value-based orientation. The EU judicial practice enhanced national legal standards and legal culture in the respective countries. The second part of the contribution contrasts with this positive tone. An example of a serious inconsistency in values between the …

Ten Years In The European Union – Selected Remarks Related To The Harmonisation Of Slovak Competition Law With Eu Competition Law, Barbora Králičková

Yearbook of Antitrust and Regulatory Studies

The aim of this paper is to provide an overview of the application of competition law in the Slovak Republic since it became a member of the European Union 10 years ago. Special emphasis is placed on selected problems and questions which arose in the application of European competition rules and the need for an adjustment of Slovak competition legislation to EU requirements. The paper presents the relevant amendments in the Slovak Competition Act and analyses in detail their background. Slovak competition law has undergone many changes in the past 10 years, not always without problems. The aim of this …

Forgotten Issues When Talking About The More Economic Approach To Competition Law In Poland, Anna Laszczyk

Yearbook of Antitrust and Regulatory Studies

For the last fifteen years, competition policy in the European Union has been dominated by the ‘more economic approach’, or rather the ‘effects-based approach’, as it has recently been called. A similar trend can be observed in Polish competition law. Its mechanisms have been implemented into normative acts and the National Competition Authority seems to have, at least partially, adopted such approach also. On the other hand, some important issues related to the application of the more economic approach seem to have been overlooked by the Polish debate on this subject. These include questions such as: (i) whether such approach …

The Effects Of Antitrust Enforcement Decisions In The Eu, Anton Dinev

Yearbook of Antitrust and Regulatory Studies

In the complex procedural aftermath of Regulation 1/2003, a more systemic approach to antitrust enforcement by various authorities – EU and national, judicial and administrative – could supplement existing cooperation mechanisms with a truly integrated system of rules and decisions. This is the core argument of this article, as it examines the effects of antitrust enforcement decisions in the EU from three different but related angles

Plausibility, Facts And Economics In Antitrust Law, Mariateresa Maggiolino

Yearbook of Antitrust and Regulatory Studies

According to EU competition law, the existence of an anticompetitive agreement can be inferred from a number of coincidences and indicia only in the absence of another plausible explanation of the facts at stake. According to U.S. federal law (antitrust law included), only a complaint that states a plausible claim for relief can survive a motion to dismiss at the pleading stage. What is plausible, however? After explaining the relationship between facts and evidence law, this chapter analyses the general meaning of the notion of plausibility, discusses the degree of discretion that it introduces, how it affects the justifications that …

Package On Actions For Damages Based On Breaches Of Eu Competition Rules: Can One Size Fit All?, Sofia Oliveira Pais, Anna Piszcz

Yearbook of Antitrust and Regulatory Studies

On 17 April 2014, the Proposal for a Directive on antitrust damages actions was accepted by the European Parliament and sent to the EU Council of Ministers for final approval. In addition, a Recommendation was adopted in 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States to meet the need for a coherent European approach to antitrust private enforcement. This package comes at a time when private antitrust enforcement is rapidly evolving in a number of Member States. At the same time however, it establishes several legal solutions that do not fit well with …

Intrasexual Competition And Other Theories Of Eating Restriction, Norman P. Li, April R. Smith, Jose C. Yong, Tiffany A. Brown

Research Collection School of Social Sciences

Various forms of disordered eating and unhealthy eating practices, including excessive dieting, vomiting, binging and purging, and diet-motivated drug use, negatively affect and are potentially fatal to millions of individuals. We describe the etiology of disordered eating as well as various hypotheses on this phenomenon, both from traditional, non-evolutionary perspectives and from evolutionary perspectives. In particular, we explore in detail the intrasexual competition hypothesis, which draws on a broad evolutionary theory: intrasexual selection. From this perspective, women are thought to have evolved to compete intrasexually on thinness, which would have indicated youth and nubility in the ancestral past (Abed, 1998). …

Rare Presentation Of Posterior Reversible Encephalopathy Syndrome (Pres) And Neurogenic Stunned Myocardium In A Patient After Emergency Cesarean Section, Ausaf Ahmed Khan, Khalid Samad, Kashif Munshi, Madiha Hashmi

Department of Anaesthesia

Posterior Reversible Encephalopathy Syndrome (PRES) is clinically characterized by seizures, lethargy, nausea and visual impairment. These findings are thought to be due to vasogenic edema, predominantly in the posterior cerebral hemispheres and are reversible with appropriate management. Neurogenicstunned myocardium is a syndrome of reversible left ventricular dysfunction, associated with excessive sympathetic discharge states like pheochromocytoma, high-grade subarachnoid hemorrhage (SAH), status epilepticus and significant emotional stress. Here, we report a case of PRES and Neurogenic-stunned myocardium occurring simultaneously in a 25 year old primigravida at 34 weeks of gestation with twin pregnancy who presented to the emergency department with eclampsia and …

Library Instruction Case Wiki, Andy Spackman

Faculty Publications

We hope you find the guides and case studies collected here helpful, and we invite you to contribute by discussing your experiences on the discussion page for each case study, and by submitting case studies you have developed and used in your own instructional efforts.

Cases for Advanced Business Students

• Building a Company List - Trucking in Texas
• Company and Market Research - Big Sweety and the Chocolate Manufacturing Industry
• Determining Market Size - Infant Formula
• Entrepreneurial Marketing - The Comic Book Guy
• Global Trade and Economics - Manufacturing Medical Instruments
• International Business - Launching the Wii
• International Marketing - …

Stepping Up The Mérida Initiative: Community Policing As A Foundation For Building Resilient Communities And Reforming The Rule Of Law In Mexico, Rosa Acevedo

California Western International Law Journal

No abstract provided.

The Direct Costs From Npe Disputes, Michael J. Meurer, James Bessen

Faculty Scholarship

In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls,” have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising from NPE patent assertions. We estimate that firms accrued $29 billion of direct costs in 2011. Although large firms accrued over half of direct costs, most of the defendants were small or medium-sized firms. Moreover, an examination of publicly listed NPEs indicates that little of …

Health Insurance Is Dead; Long Live Health Insurance, Wendy K. Mariner

Faculty Scholarship

Today, health insurance is no longer simply a class of insurance that covers risks to health, and it has not been so for many years. Health insurance has become a unique form of insurance — a mechanism to pay for healthcare that uses risk spreading as one of several pricing methods. The Affordable Care Act builds on this important payment function to create a complex social insurance system to finance healthcare for (almost) everyone. This article examines how the ACA draws on various conceptions of insurance to produce a quasi-social insurance system. This system poses new challenges to laws governing …

Report And Recommendations Of The Balance Of Crop Research Working Group Of The National Agricultural Research, Extension, Education And Economics (Nareee) Advisory Board, Mark Mclellan, Leo Holt, Twilya L'Ecuyer, Robert Taylor, Julia Sabin, Milo Shult, Anne Marie Thro, Paul Heisey

Biology Faculty Publications and Presentations

In December of 2012, the President’s Council of Advisors on Science & Technology (PCAST) issued a report to the President on Agricultural Preparedness and the Agriculture Research Enterprise. The PCAST report recognizes the long-term history of public investment in agricultural research. The report also recognized significant private investment into agricultural research. Significantly, the report is adamant that the agricultural research enterprise is not prepared to meet the challenges of the 21st century. The report cited two reasons:

1. too little competitive research and
2. an imbalance of research priorities between private and public funding sources.

This report addresses the latter issue.

Members …

Rodrigo's Equation: Race, Capitalism, And The Search For Reform, Richard Delgado

Articles

No abstract provided.

When Bank Examiners Get It Wrong: Financial Institution Appeals Of Material Supervisory Determinations, Julie Andersen Hill

Articles

Banks and credit unions sometimes complain that the examination process regulators use to police banking practices is oppressive. These financial institutions complain that regulators reach unduly negative examination conclusions known as "material supervisory determinations." Institutions are wary because negative determinations can subject an institution to further regulatory scrutiny or enforcement actions. To guard against erroneous determinations, Congress, in 1994, enacted a statute requiring federal financial institution regulators to provide an appeals process. Each of the four regulators (the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corporation, and the National Credit Union Administration) adopted …

Monitoring, Reporting, And Fact-Finding: Does The Human Rights Council Report On Human Rights In North Korea Provide A Template For The Sri Lankan Investigation?, Chris Jenks

Faculty Journal Articles and Book Chapters

2014 has already heralded two significant developments related to monitoring, reporting, and fact-finding (MRF) mechanisms for collecting information on alleged international law violations. First, the Human Rights Council (HRC) published their “Report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea” in February. This report may provide a roadmap for the second important development, the HRC’s decision in March to investigate alleged international law violations during the final phase of the armed conflict in Sri Lanka. More broadly, both these efforts offer lessons for any group or body participating in …

Experimental Analysis Of Nest-Site Choice And Its Relationship To Nest Success In An Open-Cup–Nesting Passerine, Sarah Cancellieri, Michael T. Murphy

Biology Faculty Publications and Presentations

Nest placement presumably reflects selection for secure sites to minimize failure. Most tests of this hypothesis, however, have failed to support it. We used artificial nests (ARTs) to experimentally evaluate nest-site-choice behavior by an open-cup–nesting bird, the Eastern Kingbird (Tyrannus tyrannus). In 2010 and 2011, we placed ARTs in trees in the riparian zone at Malheur National Wildlife Refuge, Oregon, USA, to test whether (1) characteristics describing the physical location in trees of used and unused ARTs differed, (2) used ART sites more closely resembled naturally chosen sites, (3) successful natural nests (NATs) and successful ARTs were similarly …

Legal Mirrors Of Entrepreneurship, Mirit Eyal-Cohen

Articles

Small businesses are regarded the engine of the economy But just what is a small business Depending on where one looks in the law the definitions vary and they differ from one section to another Unfortunately what these various size classifications fail to assess are the policy considerations and the legislative intent for granting regulatory preferences to small concerns to begin with In the last century the US government has been cultivating one such policy of fiscal and economic growth Consequently Congress and private institutions have been acting to incentivize support and reward entrepreneurship through the law in order to …

Ndsu Magazine : Summer 2014

NDSU Magazine

No abstract provided.

Ndsu Magazine : Winter 2014

NDSU Magazine

No abstract provided.

Isomer Dependence In The Assembly And Lability Of Silver(I) Trifluoromethanesulfonate Complexes Of The Heteroditopic Ligands, 2-, 3-, And 4-[Di(1H-Pyrazolyl)Methyl]Phenyl(Di-P-Tolyl)Phosphine, James R. Gardinier, Jeewantha S. Hewage, Sergey V. Lindeman

Chemistry Faculty Research and Publications

Three isomers of a new heteroditopic ligand that contains a di(1H-pyrazolyl)methyl (−CHpz₂) moiety connected to a di(p-tolyl)phosphine group via a para-, meta-, or ortho-phenylene spacer (pL, mL, and oL, respectively) have been synthesized by using a palladium(0)-catalyzed coupling reaction between HP(p-tolyl)₂ and the appropriate isomer of (IC₆H₄)CHpz₂. The 1:1 complexes of silver(I) trifluoromethanesulfonate, Ag(OTf), were prepared to examine the nature of ligand coordination and the type of supramolecular isomer (monomeric, cyclic oligomeric, or polymeric) that would be obtained. …

Preface, John Shuford

Journal of Hate Studies

This volume, like Volume 11, focuses primarily on presenting peerreviewed scholarly articles developed from the selected proceedings of the 3rd International Conference on Hate Studies. Themed “The Pursuit of Justice: Understanding Hatred, Confronting Intolerance, Eliminating Inequality,” the conference was co-organized and hosted by the Gonzaga Institute for Hate Studies, the Gonzaga School of Law, and the Washington State Task Force on Race and the Criminal Justice System. Presenters and attendees from two dozen countries worldwide came to Spokane, Washington for four days in April 2013, in order to concentrate on how fear and ignorance of the “other” manifest in hatred, …

Misogyny And Marginalization In Criminal Justice Systems: Women’S Experiences In Two Post-Conflict Societies, Erin Tunney

Journal of Hate Studies

In Northern Ireland and South Africa, two countries that are attempting to rebuild their societies after extended periods of armed conflict, women who seek redress from gender-based violence through the criminal justice system encounter barriers to justice. Such barriers emerge from misogynistic attitudes toward women that prevent police from appropriately responding to reports of sexual and domestic violence, diminish the capacity of police and court officials to empathize with rather than blame victims, and impede judges from sentencing convicted perpetrators in proportion to their crimes. Despite the striking differences between these two countries, in each society women face similar patterns …

Limits On The Search For Truth In Criminal Procedure: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Across diverse legal traditions, the search for truth is a basic function of the criminal process. Uncovering the truth about the charged crime is regarded as an essential precondition to achieving justice, enforcing criminal law, and legitimating the verdict. Yet while truthseeking is a broadly accepted goal in the criminal process, no system seeks the truth at all costs. The search for truth must on occasion yield to considerations related to efficiency, democratic participation, and protection of individual rights.

Different jurisdictions around the world show different preferences with respect to the tradeoffs between these values and the search for truth …