Digital Commons Network^™

On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 2 Of 2), Sarah J. Adams-Schoen

Scholarly Works

New York City, like other major cities around the world, has acknowledged the problem of climate change and begun to implement proactive policies to decrease the city’s contribution to the problem (i.e., mitigation) and to make the city less vulnerable to the effects of climate change (i.e., adaptation). The City’s initiatives have been comprehensive and progressive, especially its climate change-related data analysis and communication initiatives including NPCC, and its comprehensive reform of building and other related codes. The City’s commitment to reduce greenhouse gas emissions by 30% by 2030 and its progress toward that goal are also laudable, but the …

Contesting A Contestation Of Testing: A Reply To Richard Delgado, Dan Subotnik

Scholarly Works

This article was written as part of an ongoing dialog about the author’s previous article, Does Testing = Race Discrimination?: Ricci, The Bar Exam, the LSAT, and the Challenge to Learning, which defended the Supreme Court’s decision in Ricci v. DeStefano, as well as defending testing more generally against charges of irrelevance, racial obtuseness, and most seriously, race discrimination.

This article specifically responds to Richard Delgado’s article, Standardized Testing as Discrimination: A Reply to Dan Subotnik.

The Relationship Between Hate Groups And Far-Right Ideological Violence, Amy Adamczyk, Jeff Gruenwald, Steven M. Chernak, Joshua D. Freilich

Publications and Research

This study examines whether the presence of hate groups increases the likelihood of serious ideologically motivated violence committed by far-rightists. While hate crime research has generally focused on a single state or made comparisons across several states, we seek to examine this relationship within the context of U.S. counties. A smaller unit of analysis allows for the simultaneous consideration of several social processes operating at the community level, which might also influence ideologically motivated offending by far-right extremists. We test the relationship using data from the Extremist Crime Database (ECDB) for the dependent measure, the Southern Poverty Law Center (SPLC) …

Guiding Data-Driven Transportation Decisions, Kristin A. Tufte, Basem Elazzabi, Nathan Hall, Morgan Harvey, Kath Knobe, David Maier, Veronika Margaret Megler

Computer Science Faculty Publications and Presentations

Urban transportation professionals are under increasing pressure to perform data-driven decision making and to provide data-driven performance metrics. This pressure comes from sources including the federal government and is driven, in part, by the increased volume and variety of transportation data available. This sudden increase of data is partially a result of improved technology for sensors and mobile devices as well as reduced device and storage costs. However, using this proliferation of data for decisions and performance metrics is proving to be difficult. In this paper, we describe a proposed structure for a system to support data-driven decision making. A …

Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry

Kentucky Law Journal

In May of 2014, the Court of Justice of the European Union handed down its decision in the case of Google Spain SL v. Agencia Española de Protección de Datos. This landmark decision ignited a firestorm of debate over the "right to be forgotten": the right of users to withdraw information about themselves available on the internet. With concerns about the restriction of the freedom of expression on the internet, many commentators have criticized the decision as unworkable and dangerous. Others have recognized continuity in the development of privacy and data protection jurisprudence within the European courts. Meanwhile in …

The Right To Be Forgotten: Who Decides What The World Forgets?, Patricia Sánchez Abril, Jacqueline D. Lipton

Kentucky Law Journal

In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyber law community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital "right to be forgotten." The search results in question related to a mortgage sale of property in a …

Busting The Ghost Guns: A Technical, Statutory, And Practical Approach To The 3-D Printed Weapon Problem, Katherine E. Beyer

Kentucky Law Journal

No abstract provided.

Table Of Contents

Georgia Law Review

No abstract provided.

Agency As Principal, Brigham Daniels

Georgia Law Review

A presumption of a principal-agentrelationship between the elected branches and the bureaucracy permeates administrative law and scholarship. This typical framework consistently casts agencies as agents, never principals. This Article challenges that assumption and explores the ways in which agencies can act as principals to the elected branches. Agencies, in fact, commonly manipulate the elected branches. The challenge posed by the Article to the typical understandingof the relationship between agencies and the elected branches not only provides a more nuanced understanding of the modern administrative state but also raises serious questions about administrative law, which regularly employs this same faulty assumption.

Soft Whistleblowing, Amanda C. Leiter

Georgia Law Review

This Article explores the underappreciated role that agency insiders play in directing outside oversight of their employer agencies and, in turn, manipulating agency policy development. Specifically, the Article defines, documents, and evaluates the phenomenon of "soft whistleblowing"-an agency employee's deliberate, unsanctioned,substantive, and instrumental disclosure of nonpublic information about issues of policy. This phenomenon is ubiquitous but has received no systematic attention in the academic literature. As the Article demonstrates, agency employees regularly engage in soft whistleblowing to congressional staff, journalists, and agency watchdog groups, in an effort to bring outside pressure to bear on their employer agencies to shift policymaking …

Citizen-Critics, Citizen Journalists, And The Perils Of Defining The Press, William E. Lee

Georgia Law Review

Media lawyers frequently describe New York Times Co. v. Sullivan as a great win for the press. Certainly the Court's ruling saved the New York Times from financial ruin. However, four Alabama ministers active in the Southern Christian Leadership Conference (SCLC), Ralph D. Abernathy, Joseph E. Lowery, Fred L. Shuttlesworth, and S.S. Seay Sr., were also targeted by Sullivan as defendants. Despite testimony that the ministers had not authorized the use of their names in the advertisement, "Heed Their Rising Voices," and learned of the ad only when Sullivan asked them for a retraction, the jury found each liable for …

Website Interactivity As A Branding Tool For Hotel Websites, Albert Barred Davila

Electronic Theses and Dissertations

The dissertation explored the relationships among Website interactivity, brand knowledge, consumer-based brand equity and behavioral intentions in the context of hotel Websites. Based on an in-depth literature review, a theory-driven model was proposed and ten hypotheses were developed. The dissertation employed an empirical study based on a survey design, and collected data via a marketing company. Respondents who booked a hotel room online using hotel branded Websites in the last 12 months were approached to complete the online questionnaire. Four hundred ninety six (496) respondents completed the online questionnaire by answering to questions related to their last hotel booking experience. …

Antecedents And Consequences Of Customer Experience In Beverage Establishments, Milos Bujisic

Electronic Theses and Dissertations

It is estimated that there are approximately 42,000 beverage establishments in the U.S. whose annual revenue surpasses $20 billion (First Research, 2014). To facilitate discussion of beverage establishments, it is essential to recognize beverage establishments as businesses whose majority of sales come from alcoholic drinks (Moss, 2010a). In this research, beverage establishments are divided into beverage-only bars, bar/entertainment combinations, and food and beverage combinations. Even though they are a well-established industry, beverage establishments have received little academic attention (Moss, 2010b). For example, previous studies have given little attention to the development of the model that examines the relationships between quality …

The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn

Publications and Research

After decades of stability from the 1920s to the early 1970s, the rate of incarceration in the United States more than quadrupled in the past four decades. The Committee on the Causes and Consequences of High Rates of Incarceration in the United States was established under the auspices of the National Research Council, supported by the National Institute of Justice and the John D. and Catherine T. MacArthur Foundation, to review evidence on the causes and consequences of these high incarceration rates and the implications of this evidence for public policy.

Our work encompassed research on, and analyses of, the …

Lethal Injection Chaos Post-Baze, Deborah W. Denno

Faculty Scholarship

In 2008, with Baze v. Rees, the Supreme Court broke decades of silence regarding state execution methods to declare Kentucky’s lethal injection protocol constitutional, yet the opinion itself did not offer much guidance. In the six years after Baze, legal challenges to lethal injection soared as states scrambled to quell litigation by modifying their lethal injection protocols. My unprecedented study of over 300 cases citing Baze reveals that such modifications have occurred with alarming frequency. Moreover, even as states purportedly rely on the Baze opinion, they have changed their lethal injection protocols in inconsistent ways that bear little …

Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet

Faculty Scholarship

This Essay argues that because jurors exercise state power with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties – those of loyalty and care – therefore provide useful benchmarks for evaluating and guiding jurors in their decision-making role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of …

Nationalization And Necessity: Takings And A Doctrine Of Economic Emergency, Nestor M. Davidson

Faculty Scholarship

Serious economic crises have recurred with regularity throughout our history. So too have government takeovers of failing private companies in response, and the downturn of the last decade was no exception. At the height of the crisis, the federal government nationalized several of the country’s largest private enterprises. Recently, shareholders in these firms have sued the federal government, arguing that the takeovers constituted a taking of their property without just compensation in violation of the Fifth Amendment. This Essay argues that for the owners of companies whose failure would raise acute economic spillovers, nationalization without the obligation to pay just …

Privacy In Public, Joel R. Reidenberg

Faculty Scholarship

As government and private companies rapidly expand the infrastructure of surveillance from cameras on every street corner to facial recognition for photographs on social media sites, privacy doctrines built on seclusion are at odds with technological advances. This essay addresses a key conceptual problem in US privacy law identified by Justice Sotomayor in U.S. v. Jones and by Justice Scalia in Kyllo v. U.S.; namely that technological capabilities undermine the meaning of the third-party doctrine and the 4th Amendment's ‘reasonable expectation of privacy’ standard. The essay argues that the conceptual problem derives from the evolution of three stages of development …

The Dape-Encoded N-Succinyl-L,L-Diaminopimelic Acid Desuccinylase (Dape) From Haemophilus Influenzae As A Prospective Target For The Development Of Novel Antibiotics, Anna Starus

Dissertations

The rapid emergence of bacteria that are resistant to todayfs antibiotics makes them more and more ineffective. Consequently, the need for a novel class of antibacterial agents is rapidly increasing. The importance of this project is emphasized by the emergence of several pathogenic bacterial strains that are resistant to all currently available antibiotics on the market today. One way to approach this problem is to develop drugs that target essential bacterial biosynthetic pathways. Based on bacterial genetic information, the meso]diaminopimelate (mDAP)/lysine biosynthetic pathway offers several potential anti]bacterial targets that have not been yet explored. One of these, the dapE-encoded N-succinyl-L,L-diaminopimelic …

Confederate Slave Impressment In The Upper South, Aaron Astor

Civil War Book Review

Interactions Between Slavery and the State

Central to the Confederate military effort was the mobilization of its entire population – men and women, free and enslaved, white and black – in behalf of the new nation. How exactly a Southern Confederacy founded upon the ideological cornerston....

Glorious War: The Civil War Adventures Of George Armstrong Custer, Mark A. Smith

Civil War Book Review

Custer Before Little Big Horn

Thom Hatch is the author of several works focused on the history of the American west and aimed at a popular audience. His most recent offering, Glorious War: The Civil War Adventures of George Armstrong Custer, seeks to rehabilitate Custer’s reputatio....

Development Of An Instrument For Assessing Culturally Congruent Science Teaching, Regina Christine Sievert

Graduate Student Theses, Dissertations, & Professional Papers

Demographers forecast that ethnic minority students will make up the majority of students in America’s K-12 schools sometime in the next few decades. Yet most ethnic minority students continue to experience a lower level of achievement compared to their White peers. Emerging research indicates that culturally congruent instruction (CCI) is correlated with improved ethnic minority student achievement and so may be one means to close the achievement differential. Calls for more research in CCI are increasing, yet measuring CCI is challenging due to its context specific nature and abstract elements that are difficult to define and operationalize. This study responded …

Adobe Medicus 2014 1 January-February, Health Sciences Library And Informatics Center

adobe medicus

No abstract provided.

Using Measures Of Risk Perception To Predict Information Security Behavior: Insights From Electroencephalography (Eeg), Anthony Vance, Bonnie Anderson, C. Brock Kirwan, David Eargle

Faculty Publications

Users' perceptions of risks have important implications for information security, as the actions of individual users can compromise entire systems. Therefore, there is a critical need to understand how users perceive and respond to information security risks. Previous research on perceptions of information security risk has chiefly relied on self-reported measures. Although these studies are valuable, risk perceptions are often associated with feelings—such as fear or doubt—that are difficult to measure accurately using survey instruments. Additionally, it is unclear how these self-reported measures map to actual security behavior. This paper contributes by demonstrating that risk-taking behavior is effectively predicted using …

In Vitro Analysis Of Nanoparticulate Hydroxyapatite/Chitosan Composites As Potential Drug Delivery Platforms For The Sustained Release Of Antibiotics In The Treatment Of Osteomyelitis, Vuk Uskoković, Tejal A. Dasai

Pharmacy Faculty Articles and Research

Nanoparticulate composites of hydroxyapatite (HAp) and chitosan were synthesized by ultrasound-assisted sequential precipitation and characterized for their microstructure at the atomic scale, surface charge, drug release properties, and combined antibacterial and osteogenic response. Crystallinity of HAp nanoparticles was reduced because of the interference of the surface layers of chitosan with the dissolution/reprecipitation-mediated recrystallization mechanism that conditions the transition from the as-precipitated amorphous calcium phosphate phase to the most thermodynamically stable one—HAp. Embedment of 5–10 nm sized, narrowly dispersed HAp nanoparticles within the polymeric matrix mitigated the burst release of the small molecule model drug, fluorescein, bound to HAp by physisorption, …

Simultaneous Bactericidal And Osteogenic Effect Of Nanoparticulate Calcium Phosphate Powders Loaded With Clindamycin On Osteoblasts Infected With Staphylococcus Aureus, Vuk Uskoković, Tejal A. Dasai

Pharmacy Faculty Articles and Research

S aureus internalized by bone cells and shielded from the immune system provides a reservoir of bacteria in recurring osteomyelitis. Its targeting by the antibiotic therapy may thus be more relevant for treating chronic bone infection than eliminating only the pathogens colonizing the bone matrix. Assessed was the combined osteogenic and antibacterial effect of clindamycinloaded calcium phosphate nanoparticles of different monophasic compositions on co-cultures comprising osteoblasts infected with S aureus. Antibiotic-carrying particles were internalized by osteoblasts and minimized the concentration of intracellular bacteria. In vitro treatments of the infected cells, however, could not prevent cell necrosis due to the …

Nanoparticulate Drug Delivery Platforms For Advancing Bone Infection Therapies, Vuk Uskoković, Tejal A. Dasai

Pharmacy Faculty Articles and Research

Introduction—The ongoing surge of resistance of bacterial pathogens to antibiotic therapies and the consistently aging median member of the human race signal an impending increase in the incidence of chronic bone infection. Nanotechnological platforms for local and sustained delivery of therapeutics hold the greatest potential for providing minimally invasive and maximally regenerative therapies for this rare but persistent condition.

Areas covered—Shortcomings of the clinically available treatment options, including poly(methyl methacrylate) beads and calcium sulfate cements, are discussed and their transcending using calcium-phosphate/polymeric nanoparticulate composites is foreseen. Bone is a composite wherein the weakness of each component alone is …

Cxcr7 Expression Disrupts Endothelial Cell Homeostasis And Causes Ligand-Dependent Invasion, Jennifer Totonchy, Lisa Clepper, Kevin G. Phillips, Owen J. T. Mccarty, Ashlee V. Moses

Pharmacy Faculty Articles and Research

The homeostatic function of endothelial cells (EC ) is critical for a number of physiological processes including vascular integrity, immunity, and wound healing. Indeed, vascular abnormalities resulting from EC dysfunction contribute to the development and spread of malignancies. The alternative SDF-1/CXCL12 receptor CXCR7 is frequently and specifically highly expressed in tumor-associated vessels. In this study, we investigate whether CXCR7 contributes to vascular dysfunction by specifically examining the effect of CXCR7 expression on EC barrier function and motility. We demonstrate that CXCR7 expression in EC results in redistribution of CD31/PECAM-1 and loss of contact inhibition. Moreover, CXCR7+ EC are deficient in …

Teachers As Writers: Opening The Door To Dialogism, Eric Mark Lynn

Graduate Student Theses, Dissertations, & Professional Papers

In an attempt to put better writing instruction into practice by learning from past mistakes, the author explores the potential benefits and perils that teachers who regularly write bring to their instruction and the promise and enactment of dialogical writing.

Understanding The Nature Of Interactions Between Visitors And Mountain Goats (Oreamnos Americanus) On The Hidden Lake Trail, Glacier National Park, Sarah Ilene Markegard

Graduate Student Theses, Dissertations, & Professional Papers

This study examined interactions between visitors and mountain goats on the most heavily used trail in Glacier National Park. The primary objective was to give park managers a baseline of unbiased, reliable data with which to make informed decisions and improve the quality of interactions between visitors and mountain goats. Secondarily, this research was intended to achieve a thorough understanding of both human and wildlife responses during interactions on publically protected lands. The study was conducted over a two month period during the summer of 2013, and it was purely observational. Observations were recorded five days a week for approximately …