Digital Commons Network^™

Equality In Asia, Kate O'Regan, Madhav Khosla

Faculty Scholarship

If the right to equality promises more than it can ever deliver, it is also a right whose text and application reflects the history of the society in which it applies. The right to equality is thus particularly challenging for comparative law. Although it is found in nearly every modern democratic constitution, the formulation, interpretation and application of the right varies markedly and it accordingly presents acutely difficult questions for a study such as this. The difficulties not only arise from the differences in historical, socio-economic and political context, but also from differing conceptions of equality itself. In this brief …

Warrant Canaries And Disclosure By Design: The Real Threat To National Security Letter Gag Orders, Rebecca Wexler

Faculty Scholarship

Since the 1980s, the FBI has issued documents referred to as National Se­curity Letters (NSLs), which demand data from companies — including finan­cial institution records and the customer records of telephone companies and communications service providers—for foreign intelligence investigations. The use of the letters increased dramatically after the attacks of September 11, 2001 and the USA PATRIOT Act’s expansion of the FBI’s statutory NSL authority. But these letters were rarely publicized or publicly challenged, as they often included gag orders that required recipients not to reveal the contents of the letter, or even its existence. After the leak of classified …

A Compact Beam Spreader Using Rf Deflecting Cavities For The Lcls-Ii, S.U. De Silva, J. R. Delayen, R. G. Olave, L. Doolittle, P. Emma

Physics Faculty Publications

The LCLS-II project currently under development is designed to accelerate electron bunches up to 4 GeV and transport them to one of two FEL undulators located more than 2 km downstream of the end of the LCLS-II linac. The upgrade requires a spreader system to separate the baseline electron bunches and transport them to two undulator lines or a local dump. Fast bipolar kickers (FK) or transverse electric rf deflectors (RFD) are considered as fast-switching devices (FSD). In the RFD approach described here three design options operating at 325 MHz are studied including a superconducting rf-dipole cavity, a normal conducting …

High Precision Determination Of The Q² Evolution Of The Bjorken Sum, A. Deur, Y. Prok, V. Burkert, D. Crabb, F. X. Girod, K. A. Griffioen, N. Guler, S. E. Kuhn, N. Kvaltine

Physics Faculty Publications

We present a significantly improved determination of the Bjorken sum for 0.6 ≤ Q² ≤ 4.8 GeV² using precise new g^p₁ and g^d₁ data taken with the CLAS detector at Jefferson Lab. A higher-twist analysis of the Q² dependence of the Bjorken sum yields the twist-4 coefficient f ^p-n₂= -0.064 ± 0.009 ± ^0.032 _0.036. This leads to the color polarizabilities χ ^p-n _E= -0.032 ± 0.024 and χ^p-n_B= 0.032 ± 0.013. The strong force coupling is determined to be α ^MS_S (M²_{Z …}

Review Found Little Difference Between Sandblasted And Acid-Etched (Sla) Dental Implants And Modified Surface (Slactive) Implants, Gary L. Stafford

School of Dentistry Faculty Research and Publications

Data sources

Medline, Embase, the Cochrane Oral Health Group's Trials Register and OpenGREY databases were searched together with the reference lists of identified articles.

Study selection

Randomised controlled trials (RCTs) and prospective cohort studies of at least six month duration were included. Studies/case series in which there was only one implant surface (SLA or SLActive) and one loading protocol (immediate or early) were also considered.

Data extraction and synthesis

Two reviewers screened, selected and abstracted data, independently. RCTs were assessed for quality using the Cochrane risk of bias approach and observational studies using the Newcastle-Ottawa scale (NOS). The primary outcomes …

Patterns Of Dental Service Utilization Following Nontraumatic Dental Condition Visits To The Emergency Department In Wisconsin Medicaid, Nicholas M. Pajewski, Christopher Okunseri

School of Dentistry Faculty Research and Publications

Objectives: To examine patterns of dental service utilization for adult Medicaid enrollees in Wisconsin following nontraumatic dental condition (NTDC) visits to the emergency department (ED).

Methods: This is a retrospective, observational study of claims for NTDC visits to the ED and dental service encounters from the Wisconsin Medicaid Evaluation and Decision Support database (2001-2009). We used competing risk models to predict probabilities of returning to the ED versus obtaining follow-up care from a dentist.

Results: We observed a 43 percent increase in the rate of NTDC visits to the ED, with most of this increase occurring from 2001 to 2005. …

Transnational Regulatory Regimes In Finance: A Comparative Analysis Of Their (Dis-)Integrative Effects, Katharina Pistor

Faculty Scholarship

Financial markets have become increasingly interconnected with financial intermediaries and instruments linking local and national markets to form regional or even global ones. The global financial crisis of 2008 demonstrated once more that financial interdependence can be both a blessing and a curse. It facilitates the movement of capital and the expansion of credit, and as such promotes economic development in good times; however, in bad times it transmits liquidity shortages throughout the system triggering financial crises and economic recessions where credit expansion earlier fuelled expansion and growth. A critical question therefore is how to structure the governance of transnational …

Simultaneous Optimization Of The Cavity Heat Load And Trip Rates In Linacs Using A Genetic Algorithm, Balša Terzić, Alicia S. Hofler, Cody J. Reeves, Sabbir A. Khan, Geoffrey A. Krafft, Jay Benesch, Arne Freyberger, Desh Ranjan

Physics Faculty Publications

In this paper, a genetic algorithm-based optimization is used to simultaneously minimize two competing objectives guiding the operation of the Jefferson Lab's Continuous Electron Beam Accelerator Facility linacs: cavity heat load and radio frequency cavity trip rates. The results represent a significant improvement to the standard linac energy management tool and thereby could lead to a more efficient Continuous Electron Beam Accelerator Facility configuration. This study also serves as a proof of principle of how a genetic algorithm can be used for optimizing other linac-based machines.

Lessons From Sec V. Citigroup: The Optimal Scope For Judicial Review Of Agency Consent Decrees, Dorothy S. Lund

Faculty Scholarship

On November 28, 2011, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York in Manhattan declined to approve a consent judgment between the Securities and Exchange Commission (SEC) and Citigroup. Because Citigroup had not admitted or denied the allegations in the consent decree, Judge Rakoff concluded that he was unable to make an informed judgment about the merits of the settlement. Judge Rakoffs decision has garnered serious criticism from legal observers and rekindled discussion about the scope of judicial review of agency consent decrees, which have become a valuable agency enforcement tool. …

Reframing The Civil Rights Narrative: From Compliance To Collective Impact, Susan P. Sturm

Faculty Scholarship

This chapter first analyzes the limits of the civil rights/compliance framework as an overarching change theory for transforming institutions and systems, and then sketches out the features of a full participation framework grounded in a collective-impact approach to reducing structural inequality. Full participation is a framework that nests antidiscrimination within an affirmative vision connected to a theory of action, and a methodology aimed at systems change. It resonates with a wide range of emerging scholarship and activism aimed at advancing equality under conditions of complexity, changing demographics, decentered governance, privatization, and technological change. The framework draws on insights from extensive …

The Emc Effect In Spin Structure Functions, W. K. Brooks, H. Hakobyan, B. Kopeliovich, S. Kuleshov, S. Mancilla, R. Mendez, K. Adhikari, G. Dodge, L. El Fassi, S. Kuhn, L. Weinstein, H. Avakian, A. Deur, D. Higinbotham, C. Keith, W. Melnitchouk, J. Pierce, D. Crabb, D. Keller, S. Tkachenko, J. Zhang, P. E. Bosted, K. Griffioen, K. Hicks, R. Dupré, T. Badman, S. Li, E. Long, K. Slifer, P. Solvignon, R. Zielinski, N. Kalantarians, F. J. Klein, A. W. Thomas, W. Bentz, I. Cloet, R. B. Wiringa, C. Ciofi Degli Atti, H. Fanchiotti, C. A. Garcia Canal, T. Tarutina, V. Vento

Physics Faculty Publications

We propose to perform the first measurements of the spin-dependent EMC effect utilizing CLAS12 in Hall B with 11 GeV polarized electrons and polarized nuclear targets. Our target of choice is ⁷Li (in the form of dynamically polarized ⁷LiD) in which a highly polarized proton is embedded in the nuclear medium. Simultaneously, we will also measure the double spin asymmetry on the proton with a ⁶LiH target, to minimize systematic uncertainties. The experiment will obtain the double spin asymmetry A ⁷_II^Li ≈ g⁷₁^Li from the measurement on ⁷LiD, after correcting for the small contribution from other polarized …

Book Review, Rebecca Wexler

Faculty Scholarship

Authors have skeptics. Patrick Burkart writes for his. Critics describe the pirate political movement as uninformed and unreliable. Burkart disagrees. He argues that pirates can help protect the digital commons from a dangerous upward ratchet of intellectual property rights (IPR). Activists within the pirate movement define the digital commons as information resources created by the Internet, including Wikipedia, remixes, and fan fiction.

Beam-Spin Asymmetries From Semi-Inclusive Pion Electroproduction, K. P. Adhikari, M. J. Amaryan, C. Hyde, S. Koirala, S. E. Kuhn, L. B. Weinstein, Et Al., The Clas Collaboration

Physics Faculty Publications

We have measured the moment A^{sin ɸ}_LU corresponding to the polarized electron beam-spin asymmetry in semi-inclusive deep inelastic scattering. A^{sin ɸ}_LU is a twist-3 quantity providing information about quark-gluon correlations. Data were taken with the CLAS Spectrometer at Jefferson Lab using a 5.498 GeV longitudinally polarized electron beam and an unpolarized liquid hydrogen target. All three pion channels (π⁺,π⁰ and π^-) were measured simultaneously over a large range of kinematics within the virtuality range Q² ≈ 1.0- 4.5 GeV². The observable was measured with better than 1% statistical …

The Child-Welfare System And The Limits Of Determinacy, Clare Huntington

Faculty Scholarship

To read Robert Mnookin’s seminal 1975 article, Child-Custody Adjudication: Judicial Functions in the Face of Indeterminacy, is to see a blueprint for legislative action. To a remarkable degree, the reforms Mnookin proposed to the child-welfare system are what Congress and the states adopted in the following two decades. And yet reading Mnookin’s article is also a Groundhog Day experience. The problems he described with the child-welfare system nearly forty years ago sound all too familiar today.

Mnookin famously argued that the best-interests standard was indeterminate in the context of the child-welfare system. According to Mnookin, this open-ended standard created …

Checklist Of Turkish Helconinae With A New Species (Hymenoptera, Braconidae), Ahmet Beyarslan, Erhan Çoban

Turkish Journal of Zoology

The Helconinae (Hymenoptera: Braconidae) species recorded from Turkey as of the end of 2012 are listed. The total number of species was determined as 10. Changes in comparison to the previous Turkish fauna are briefly annotated and the distributions for all species in each of the 68 biogeographical provinces are presented. After the publication of our previous fauna, 8 species belonging 2 genera have been recorded as new to Turkey. Subsequent studies reported 10 Diospilini species for the fauna, among which 7 species are distributed only in Asian Turkey and 3 species are distributed in both Asian and European Turkey. …

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

Assessing The Impact Of A K-12 Engagement Program On Graduate Learning Outcomes For Communicating With Diverse Audiences, Pedagogy, And Community Engagement, Faith Weeks, Jon Harbor

International Journal for the Scholarship of Teaching & Learning

A large midwestern university has developed a program that places graduate students in middle school classrooms to enhance the graduate students’ communication skills with diverse audiences, develop pedagogical knowledge, and provide a foundation for effective future K-12 engagement. After observing and co-teaching, participants develop and implement a standards- and inquiry-based lesson that brings their graduate research theme into the classroom. To provide insights into impacts on graduate students, qualitative methods were used to identify emergent themes in narratives written by graduate student participants. Major themes included new awareness of challenges in effective teaching for diverse audiences, insight into effective strategies …

Investigating Transnational Collaboration Of Faculty Development And Learning: An Argument For Making Learning Culturally Relevant, Dr. Janine F. Allen

International Journal for the Scholarship of Teaching & Learning

Professional development offered to higher education faculty is meant to enhance pedagogy and improve practice. Inspired by a transnational partnership in Southeast Asia, this study aimed to discover how teacher education faculty perceived faculty development offered to them by university partnership colleagues from the United States. Survey findings indicate that certain faculty development strategies improved teaching and assessment practices and enhanced self-reflection. However, evidence also showed some negative faculty perceptions in relation to the US partner’s methodologies, and qualitative responses indicated a lack of relevancy to the Southeastern Asia context. Furthermore, negative correlations were found between faculty development workshops and …

Step Zero After City Of Arlington, Thomas W. Merrill

Faculty Scholarship

The thirty-year history of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. is a story of triumph in the courts and frustration on the part of administrative law scholars. Chevron's appeal for the courts rests in significant part on its ease of application as a decisional device. Questions about the validity of an agency's interpretation of a statute are reduced to two inquiries: whether the statute itself provides a clear answer and, if not, whether the agency's answer is a reasonable one. The framework can be applied to virtually any statutory interpretation question resolved by an agency, and …

Why Restate The Bundle? The Disintegration Of The Restatement Of Property, Thomas W. Merrill, Henry E. Smith

Faculty Scholarship

The American Law Institute (ALI) has devoted a great deal of time and energy to restating the law of property. To date, the ALI has produced 17 volumes that bear the name First, Second, or Third Restatement of Property. There is unquestionably much that is valuable in these materials. On the whole, however, the effort has been a disappointment. Some volumes seek faithfully to restate the consensus view of the law; others are transparently devoted to law reform. The ratio of reform to restatement has increased over time, to the point where significant portions of the Third Restatement …

Solving The Cso Conundrum: Green Infrastructure And The Unfulfilled Promise Of Federal-Municipal Cooperation, Casswell F. Holloway, Carter H. Strickland Jr., Michael B. Gerrard, Daniel M. Firger

Faculty Scholarship

Faced with mounting infrastructure construction costs and more frequent and severe weather events due to climate change, cities across the country are managing the water pollution challenges of stormwater runoff and combined sewer overflows through new and innovative "green infrastructure" mechanisms that mimic, maintain, or restore natural hydrological features in the urban landscape. When utilized properly, such mechanisms can obviate the need for more expensive pipes, storage facilities, and other traditional "grey infrastructure" features, so named to acknowledge the vast amounts of concrete and other materials with high embedded energy necessary in their construction. Green infrastructure can also provide substantial …

Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew C. Waxman

Faculty Scholarship

Weapon systems are becoming increasingly automated and arguably some autonomous military systems have been deployed for years. Recent advances in automated systems and the possibilities they portend have generated interest and anxiety within some militaries and defense ministries, and a movement of non-governmental activists seeking to ban fully autonomous weapons. In May 2014, the High Contracting Parties of the UN Convention on Certain Conventional Weapons (CCW) convened an extensive discussion of the legal and ethical issues that autonomous weapons raise, while recognizing that many of these problems lie at an uncertain point in the future.

It is important that normative …

The Power To Threaten War, Matthew C. Waxman

Faculty Scholarship

Existing war powers scholarship focuses overwhelmingly on the President's power to initiate military operations abroad and the extent to which that power is constrained by Congress. It ignores the allocation of legal power to threaten military force or war, even though threats – to coerce or deter enemies and to reassure allies – are one of the most important ways in which the United States government wields its military might. This paper fills that scholarly void, and draws on recent political science and historical scholarship to construct a richer and more accurate account of the modern presidency's powers to shape …

Legal Reform: China's Law-Stability Paradox, Benjamin L. Liebman

Faculty Scholarship

In the 1980s and 1990s, China devoted extensive resources to constructing a legal system, in part in the belief that legal institutions would enhance both stability and regime legitimacy. Why, then, did China’s leadership retreat from using law when faced with perceived increases in protests, citizen complaints, and social discontent in the 2000s? This law-stability paradox suggests that party-state leaders do not trust legal institutions to play primary roles in addressing many of the most complex issues resulting from China’s rapid social transformation. This signi½es a retreat not only from legal reform, but also from the rule-based model of authoritarian …

Contract Theory – Who Needs It?, Avery W. Katz

Faculty Scholarship

Philosophy is perfectly right in saying that life must be understood backward. But then one forgets the other clause – that it must be lived forward.
Soren Kierkegaard

Both law students and law teachers have traditionally been drawn to conceptual projects that attempt to systematize the field of contract law. The reasons for this are easy to see: the field is doctrinally complex, few beginning students have any substantial experience with the kinds of fact patterns that arise in the cases, and the law is a locus of contestation over fundamental issues of economic liberalism that go to the heart …

Surprisingly Punitive Damages, Bert I. Huang

Faculty Scholarship

Damages can add up to super-punitive amounts in unintended ways. To take a textbook example: The Defendant has caused an industrial accident or other mass tort. Plaintiff 1 sues, winning punitive damages based on the reprehensibility of that original act. Plaintiff 2 also sues – and also wins punitive damages on the same grounds. So do Plaintiff 3, Plaintiff 4, and so forth. If each of these punitive awards is directed at the same general badness of that original act, then these punishments are redundant. When such redundancy occurs, even damages that are meant to be punitive can reach surprisingly …

Putting Stored-Value Cards In Their Place, Liran Haim, Ronald J. Mann

Faculty Scholarship

This Essay explores the effects of stored-value cards on social welfare. We argue that stored-value cards, in general, are socially beneficial payment devices. Their burgeoning use benefits society in three main plains. First, by replacing paper-based instruments in market segments previously inaccessible to card-based payments, stored-value cards lower the private and public costs of payment transactions. Second, by extending the use of card-based payment systems towards lower- and middle-income households, stored-value cards foster inclusion of those households in the financial mainstream of our society. Third, by operating without an extension of credit, stored-value cards help to limit the uniquely American …

The Supreme Court As A Constitutional Court, Jamal Greene

Faculty Scholarship

Political institutions are always works in progress. Their practical duties and aims as instruments of governance may not always match their constitutional blueprints or historical roles. Political offices might not always have the power to do what their constituent officers either need or want to do. A polity's assessment of whether the desired power is a need or a want may indeed mark a boundary between law and politics in the domain of institutional structure. The law gives, or is interpreted to give, political organs the tools they need to function effectively. They must fight for the rest.

(Anti)Canonizing Courts, Jamal Greene

Faculty Scholarship

Within U.S. constitutional culture, courts stand curiously apart from the society in which they sit. Among the many purposes this process of alienation serves is to “neutralize” the cognitive dissonance produced by Americans’ current self-conception and the role our forebears’ social and political culture played in producing historic injustice. The legal culture establishes such dissonance in part by structuring American constitutional argument around anticanonical cases: most especially “Dred Scott v. Sandford,” “Plessy v. Ferguson,” and “Lochner v. New York.” The widely held view that these decisions were “wrong the day they were decided” emphasizes the role of independent courts in …

Fair Use For Free, Or Permitted-But-Paid?, Jane C. Ginsburg

Faculty Scholarship

The U.S. Supreme Court in Sony Corporation of America v. Universal City Studios fended a fork in the fair use road. The Court there upset the longstanding expectation that uses would rarely, if ever, be fair when the whole of a work was copied. In the aftermath of that decision, lower courts have rendered a plethora of decisions deeming the copying of an entire work (even with no additional authorship contribution) a fair use, and therefore "free" in both senses of the word. A perceived social benefit or some market failure appears to motivate these decisions. This is because fair …