Digital Commons Network^™

Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith

Cardozo Journal of Equal Rights & Social Justice

The jurisprudence of abortion law is replete with instances in which the concerns of the woman seeking the procedure have taken a back seat. The newest battleground in abortion regulation involves mandatory ultrasound statutes touted as informed consent regulations. The analysis of courts confronting these statutes has turned on whether the mandatory disclosures violate the physician's First Amendment right to be free from compelled speech. The particular breed of statute at issue in this paper requires a physician not only to perform an ultrasound, but also to make the images visible to the woman, to make audible the heartbeat, and …

(I Can't Get No) Satisfaction: Using Restorative Justice To Satisfy Victims' Rights, Jessica M. Marshall

Cardozo Journal of Conflict Resolution

The responsibility of sentencing defendants is the most difficult task within the criminal justice system. As the Honorable Jed S. Rakoff noted above, a sentencing judge is faced with the role of taking a guilty defendant and determining what punishment her crime warrants. Incarceration? Probation? Time served? Each judge evaluates the specific offense's characteristics, such as the number of victims, amount of loss, and violence of the offense, against the specific offender's characteristics, such as family history, age, and military service. As part of this evaluation, the defendant, the Government, the Probation Office in the form of a Presentence Report, …

Kill Switches, Forum Doctrine, And The First Amendment's Digital Future, Enrique Armijo

Cardozo Arts & Entertainment Law Journal

Governments play a growing role in providing access to digital speech spaces. This development has important consequences for free expression. Communication's migration from physical public spaces to virtual ones has increased the State's capacity for ex ante interference with speech, from targeted blocking of users, websites, and applications on its communications networks to shutting off access to those networks altogether. Contrary to the conclusions of most Speech Clause scholars, the First Amendment's public forum doctrine is ill equipped to solve these problems, in part because the doctrine under-protects speech that is not expressed in shared physical space. Accordingly, this Article …

Transnational Forfeiture Of The Getty Bronze, Derek Fincham

Cardozo Arts & Entertainment Law Journal

Italy has been engaged in an ongoing fifty-year struggle to recover an ancient Greek bronze. The "Bronze Statue of a Victorious Youth" has a remarkable story. It was lost at sea in the Adriatic in antiquity; found by chance in international waters; smuggled into the Italian seaside village of Fano; hidden first in a bathtub, then a cabbage field; smuggled and hidden in Brazil; later conserved in Germany and London; and ultimately purchased by the Getty Museum only months after the death of the Trust's namesake, J. Paul Getty. Getty refused to allow his museum to purchase the statue during …

"What Exactly Are You Implying?": The Elusive Nature Of The Implied Copyright License, Christopher M. Newman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Rebalancing Pay-For-Delay: Why No-Authorized Generic Agreements Should Be Subject To Higher Antitrust Scrutiny, David C. Kurlander

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introductions, Francesca Montalvo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sphingosine 1-Phosphate Receptor Signaling In Mesenchymal Stromal Cells, Sarah Tucker Marrison

MUSC Theses and Dissertations

Mesenchymal stromal cells (MSCs) are a multipotent cell population acquired most prominently from bone marrow with the capacity to differentiate into osteoblasts, chondrocytes, adipocytes, cardiomyoctes, fibroblasts and other cell types. The immunoprivileged nature of these cells combined with their ability to home to sites of injury enhances therapeutic interest in this stem cell population. Phase I‐III clinical trials are being conducted evaluating the therapeutic potential of MSCs in graft vs. host disease, following acute myocardial infarction, multiple sclerosis, and bone and cartilage diseases. Sphingosine 1‐phosphate (S1P) is a biologically active sphingolipid impacting proliferation, apoptosis, inflammation, and angiogenesis. Interactions with 5 …

Effect Of Laser-Cut Slow-Flow Nipples On Preterm Feeding Performance, Katlyn Elizabeth Mcgrattan

MUSC Theses and Dissertations

Background: Dysphagia of prematurity is a highly prevalent condition that carries negative developmental, social, and financial implications. Although the modification of bottle nipple properties is a widely used treatment for dysphagia of prematurity, there have been a paucity of investigations examining the effect of this intervention on refined measures of feeding performance. Methods: Healthy preterm infants were evaluated for measures of milk ingestion and respiratory performance during oral intake on a laser-cut slow-flow and standard-flow nipple. Time to achieve hospital discharge milestones was recorded. Results: Few differences were observed in feeding performance between slow-flow and standard-flow nipples. Characteristics of respiration …

Cosee Ocean Inquiry Group Report: Opportunities For Creating Lifelong Ocean Science Literacy, Paul Boyle, Vince Breslin, Lisa Craig Brisson, John Fraser, Alan J. Friedman, Katie Gardner, Sarah Schoedinger, Jerry Schubel, Steve Uzzo, Steven Yalowitz

School for the Environment General Publications

This Inquiry Group Report for the Centers for Ocean Sciences Education Excellence Ocean Communities in Education And Social Networks (COSEE OCEAN) provides a fresh look at how broader ocean science literacy can be developed, especially through less-recognized channels such as opportunistic learning, the private and “third” sectors, and the enormously varied activities under the heading of informal science education. The 10 authors of this report (see Contributors section) have been working together for two years to find and review a range of issues and resources for current and potential ocean science literacy providers, both professional and volunteer.

Several chapters provide …

Two-Source Energy Balance Model To Calculate E, T, And Et: Comparison Of Priestley-Taylor And Penman-Monteith Formulations And Two Time Scaling Methods, Paul D. Colaizzi, Nurit Agam, Judy A. Tolk, Steven R. Evett, Terry A. Howell, Prasanna H. Gowda, Susan A. O'Shaughnessy, William P. Kustas, Martha C. Anderson

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The two-source energy balance (TSEB) model calculates the energy balance of the soil-canopy-atmosphere continuum, where transpiration is initially determined by the Priestley-Taylor equation. The TSEB was revised recently using the Penman-Monteith equation to replace the Priestley-Taylor formulation, thus better accounting for the impact of large and varying vapor pressure deficits (VPD) typical of advective, semiarid climates. This study is a comparison of the Priestley- Taylor and Penman-Monteith versions of the TSEB (termed TSEB-PT and TSEB-PM, respectively). Evaporation (E), transpiration (T), and evapotranspiration (ET) calculated by the TSEB-PT and TSEB-PM versions were compared to measurements obtained with microlysimeters, sap flow gauges, …

Micromesh Fabric Pollination Bags For Switchgrass, Kenneth P. Vogel, G. Sarath, R. B. Mitchell

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Pollination bags for making controlled crosses between switchgrass (Panicum virgatum L.) plants were made from a polyester micromesh fabric with a mesh size of 41 μm, which is smaller than the mean reported 43 μm diameter of switchgrass pollen. When used in paired-plant crosses between switchgrass plants, the mean amount of seed produced per plant was about 1 g, or approximately 800 seeds, which was significantly greater than the 10 to 250 seeds produced previously in paired-plant crosses of switchgrass using paper pollination bags. The four- to tenfold increase in seed produced per cross enables the progeny of the …

Physician As Teacher: Promoting Health And Wellness Among Elementary School Students, Jill E. Stefaniak, Victoria C. Lucia

STEMPS Faculty Publications

BACKGROUND: Every day, physicians engage in teaching during their patient encounters. It may be that medical students who are introduced to the principles of teaching and learning are more likely to become good communicators and learners. Service-learning may be an effective way for medical students to practice skills in teaching and communication in a real-world setting, while also filling a need within the community. The purpose of this study was to identify common themes within medical students' reflections on what they learned through participating in a teaching exercise with local elementary school children.

METHODS: As a required component of a …

Does The Sequence Of Instruction Matter During Simulation?, Jill E. Stefaniak, Carman L. Turkelson

STEMPS Faculty Publications

Introduction: Instructional strategies must be balanced when subjecting students to full-immersion simulation so as not to discourage learning and increase cognitive overload. The purpose of this study was to determine if participating in a simulation exercise before lecture yielded better performance outcomes among novice learners.

Methods: Twenty-nine participants were divided into 2 groups as follows: group 1 participated in simulation exercises followed by a didactic lecture and group 2 participated in the same learning activities presented in the opposite order. Participants were administered a multiple-choice cognitive assessment upon completion of a workshop.

Results: Learners who participated in the simulated exercises …

Effect Of Abiotic Factors On Initiation Of Red Flour Beetle (Coleoptera: Tenebrionidae) Flight, Joel Perez-Mendoza, James F. Campbell, James E. Throne

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Traps baited with pheromones are used to monitor the red flour beetle, Tribolium castaneum (Herbst) (Coleoptera: Tenebrionidae), populations in flour mills to aid in making pest management decisions, but the factors that influence T. castaneum movement are not fully understood. We investigated the impact of photoperiod, light intensity, temperature, and relative humidity on flight initiation. The percentage of adults initiating flight reached a maximum at 30-35°C, and then fell to zero at 22.5 and 45°C. Only 2% of beetles flew in complete darkness, and the number of beetles initiating flight increased to 41% under 18 h of light and then …

Adaptations Between Ecotypes And Along Environmental Gradients In Panicum Virgatum*, David B. Lowry, Kathrine D. Behrman, Paul Grabowski, Geoffrey P. Morris, Jim R. Kiniry, Thomas Juenger

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Determining the patterns and mechanisms of natural selection in the wild is of fundamental importance to understanding the differentiation of populations and the evolution of new species. However, it is often unknown the extent to which adaptive genetic variation is distributed among ecotypes between distinct habitats versus along large-scale geographic environmental gradients, such as those that track latitude. Classic studies of selection in the wild in switchgrass, Panicum virgatum, tested for adaptation at both of these levels of natural variation. Here we review what these field experiments and modern agronomic field trials have taught us about natural variation and selection …

Lymphoproliferative And Gamma Interferon Responses To Stress- Regulated Mycobacterium Avium Subsp. Gurungparatuberculosis Recombinant Proteins, Ratna B. Gurung, Douglas J. Begg, Auriol C. Purdie, Kumudika De Silva, John Bannantine, Richard J. Whittington

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Johne’s disease in ruminants is a chronic infection of the intestines caused by Mycobacterium avium subsp. paratuberculosis. An important strategy to control disease is early detection, and a potentially efficient method for early detection is measurement of cell-mediated immune responses developed by the host in response to exposure or infection. One method is to measure lym- phoproliferation and cytokine release from the host cells when exposed to the organism or parts of the organism. In this study, 10 recombinant M. avium subsp. paratuberculosis proteins known to be upregulated under in vitro stress conditions were evalu- ated by examining their ability …

Screening Of Mycobacterium Avium Subsp. Paratuberculosis Mutants For Attenuation In A Bovine Monocyte-Derived Macrophage Model, Elise A. Lamont, Adel M. Talaat, Paul M. Coussens, John Bannantine, Yrjo T. Grohn, Robab Katani, Ling-Ling Li, Vivek Kapur, Srinand Sreevatsan

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Vaccination remains a major tool for prevention and progression of Johne’s disease, a chronic enteritis of ruminants worldwide. Currently there is only one licensed vaccine within the United States and two vaccines licensed internationally against Johne’s disease. All licensed vaccines reduce fecal shedding of Mycobacterium avium subsp. paratuberculosis (MAP) and delay disease progression. However, there are no available vaccines that prevent disease onset. A joint effort by the Johne’s Disease Integrated Program (JDIP), a USDA-funded consortium, and USDA—APHIS/VS sought to identify transposon insertion mutant strains as vaccine candidates in part of a three phase study. The focus of the Phase …

Current Levels Of Suppression Of Waterhyacinth In Florida Usa By Classical Biological Control Agents, Philip Tipping, Melissa Martin, Eileen Pokorny, Kayla Nimmo, Danyelle Fitzgerald, Allen F. Dray Jr., Ted D. Center

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Waterhyacinth, Eichhornia crassipes (Mart.) Solms (Pontederiaceae), has been a global target for classical biological control efforts for decades. In Florida, herbicidal application is the primary control method employed, usually without regard for the activities of the three biological control agents introduced intentionally during the 1970s, namely Neochetina eichhorniae Warner, Neochetina bruchi, Hustache (Coleoptera:Curculionidae), and Niphograpta albiguttalis Warren (Lepidoptera: Crambidae). A series of field experiments from 2008 to 2010 was conducted at four Florida sites using an insecticide-check approach to quantify the current levels of suppression provided by these agents. In the field N. albiguttalis was rarely found while more than …

Crop Residues, Douglas L. Karlen, David R. Huggins

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Crop residues (e.g., corn stover and small grain straw) are sometimes excluded when discussing cellulosic energy crops per se, but because of the vast area upon which they are grown and their current role in the development of cellulosic energy systems, this chapter will review several important attributes of this “herbaceous” feedstock. Crop residues are potential feedstock sources for second-generation biofuel production. These materials, along with dedicated energy crops (e.g., switchgrass [Panicum virgatum L.], Miscanthus [Miscanthus × giganteus]), are considered to have greater potential for biofuel production than current first-generation feedstock (i.e., corn grain) [1–3]. Production of ethanol and other …

Nitrogen And Harvest Effects On Soil Properties Under Rainfed Switchgrass And No-Till Corn Over 9 Years: Implications For Soil Quality, Catherine E. Stewart, Ronald F. Follett, Elizabeth G. Pruessner, Gary E. Varvel, Kenneth P. Vogel, Robert B. Mitchell

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Nitrogen fertilizer and harvest management will alter soils under bioenergy crop production and the long-term effects of harvest timing and residue removal remain relatively unknown. Compared to no-tilled corn (NT-C, Zea mays L.), switchgrass (Panicum virgatum L.) is predicted to improve soil properties [i.e. soil organic C (SOC), soil microbial biomass (SMB-C), and soil aggregation] due to its perennial nature and deep-rooted growth form, but few explicit field comparisons exist. We assessed soil properties over 9 years for a rainfed study of N fertilizer rate (0, 60, 120, and 180 kg N ha 1) and harvest management on switchgrass (harvested …

Beef Species Symposium: An Assessment Of The 1996 Beef Nrc: Metabolizable Protein Supply And Demand And Effectiveness Of Model Performance Prediction Of Beef Females Within Extensive Grazing Systems, R.C. Waterman, J. S. Caton, C. A. Loest, M. K. Petersen, A. J. Roberts

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Interannual variation of forage quantity and quality driven by precipitation events influence beef livestock production systems within the Southern and Northern Plains and Pacific West, which combined represent 60% (approximately 17.5 million) of the total beef cows in the United States. The beef cattle requirements published by the NRC are an important tool and excellent resource for both professionals and producers to use when implementing feeding practices and nutritional programs within the various production systems. The objectives of this paper include evaluation of the 1996 Beef NRC model in terms of effectiveness in predicting extensive range beef cow performance within …

Sorghum Flour Characterization And Evaluation In Gluten-Free Flour Tortilla, M. Winger, H. Khouryieh, F. Aramouni, T. Herald

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Four sorghum hybrids (Fontanelle-625 [F-625]), Fontanelle-1000 [F-1,000], ATx631xRTx2907 [NE#20] and 5,040C) were characterized and evaluated for kernel characteristics, proximate analysis, flour characterization (particle size distributions, starch damage, amylose content and starch pasting properties) and end product in gluten-free tortilla. A commercial sorghum flour (TVM) was used as a control. Significant differences were found (P < 0.05) among hybrids for kernel and flour composition except total starch (P > 0.05). NE#20 had the largest particle diameter for both flour and starch. F-1000 had significantly higher starch damage compared with the other hybrids. Flours with smaller particle size and higher starch damage contributed to softer and more extensible tortilla. Amylose content ranged from 20.2 (NE#20) to …

Grazing Management, Season, And Drought Contributions To Near-Surface Soil Property Dynamics In Semiarid Rangeland, M. A. Liebig, S. L. Kronberg, J. R. Hendrickson, J. R. Gross

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Grazing management effects on soil property dynamics are poorly understood. A study was conducted to assess effects of grazing management and season on soil property dynamics and greenhouse gas flux within semiarid rangeland. Grazing management treatments evaluated in the study included two permanent pastures differing in stocking rate (moderately and heavily grazed pastures) and a fertilized, heavily grazed crested wheatgrass (Agropyron desertorum [Fisch. ex. Link] Schult.) pasture near Mandan, North Dakota. Over a period of 3 yr, soil properties were measured in the spring, summer, and fall at 0–5 cm and 5–10 cm. Concurrent to soil-based measurements, fluxes of carbon …

Modeling Weather And Stocking Rate Effects On Forage And Steer Production In Northern Mixed-Grass Prairie, Q. X. Fang, A. A. Andales, J. D. Derner, L. R. Ahuja, L. Ma, P. N. S. Bartling, J. L. Reeves, Z. Qi

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Stocking rate (SR) is the primary management factor that influences livestock gains, plant community changes and forage production, as well as economic returns for livestock producers. More effective stocking decision making by ranchers in the semi-arid northern mixed-grass prairie requires clearly understanding forage production and yearling steer weight gain (SWG) responses to SR and high weather variability. The objectives of this study were to: (1) test the Great Plains Framework for Agricultural Resource Management-Range (GPFARM-Range) model for predicting forage production and SWG under three experimental SR treatments and long-term weather conditions on semiarid northern mixed-grass prairie in southeast Wyoming, USA; …

The Use Of Electromagnetic Induction Techniques In Soils Studies, James A. Doolittle, Eric C. Brevik

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Electromagnetic induction (EMI) has been used to characterize the spatial variability of soil properties since the late 1970s. Initially used to assess soil salinity, the use of EMI in soil studies has expanded to include:mapping soil types; characterizing soil water content and flow patterns; assessing variations in soil texture, compaction, organicmatter content, and pH; and determining the depth to subsurface horizons, stratigraphic layers or bedrock, among other uses. In all cases the soil property being investigatedmust influence soil apparent electrical conductivity (EC_a) either directly or indirectly for EMI techniques to be effective. An increasing number and diversity of …

Northern Great Plains Research Laboratory Integrator February 2014

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Tannins in the soil -1

Message from Matt - 2

New Faces - 2

Quantifying the value of soil organic matter - 3

Research Results Conference - 4

Livestock weather relationships - 5

Jet fuel from Brassica - 6

Grazing for conservation - 7

Kentucky bluegrass impact - 7

Water use efficiency of grasses - 9

Glomalin and aggregation - 10

NDSU Energy Beet research - 11

Seasonal Weather Influences On Yearling Beef Steer Productionin C3-Dominated Northern Great Plains Rangeland, Justin L. Reeves, Justin D. Derner, Matt A. Sanderson, John R. Hendrickson, Scott L. Kronberg, Mark P. Petersen, Lance T. Vermeire

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

In the face of an increasingly variable climate, long-term cattle weight gain datasets are rare, yet invalu-able, for determining site-specific influences of seasonal weather patterns on cattle production. Here,we present a long-term (1936–2005) yearling Hereford steer dataset collected at the Northern GreatPlains Research Laboratory (NPGRL) near Mandan, ND, USA. Data were analyzed using weighted AICcmodel averaging to examine the effects of spring (April–June) and summer (July–September) temper-ature and precipitation, as well as prior growing season (prior April–September) and prior fall/winter(prior October–March) precipitation on cattle production (kg/ha) under light (37.4 ± 5.3 SD Animal UnitDays [AUD]/ha across all study years) and …

Monitoring Runoff From Cattle-Grazed Pastures For A Phosphorus Loss Quantification Tool, Peter A. Vadas, Dennis L. Busch, J. Mark Powell, Geoff E. Brink

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Nitrogen (N) and phosphorus (P) loss from agriculture persists as a water quality impairment issue. For dairy farms, nutrients can be lost from cropland, pastures, barnyards, and outdoor cattle lots. We monitored N and P loss in runoff from dairy and beef grazed pastures for two years in southwest Wisconsin, USA and tested the accuracy of the Annual P Loss Estimator (APLE) model to predict runoff P from pastures using study and literature data. About 3–10% of annual precipitation became runoff from the pastures, and sediment loss was very low due to well-established vegetation. Measured annual nutrient loss in runoff …

Exploring Integrated Crop–Livestock Systems In Different Ecoregions Ofthe United States, R. Mark Sulc, Alan J. Franzluebbers

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Large-scale, energy-intensive, specialized production systems have dominated agricultural production inthe United States for the past half-century. Although highly productive and economically successful, thereis increasing concern with unintended negative environmental impacts of current agricultural systems.Production systems integrating crops and livestock have potential for providing additional ecosystem ser-vices from agriculture by capturing positive ecological interactions and avoiding negative environmentaloutcomes, while sustaining profitability. A diversity of ecologically sound integrated crop-livestock sys-tems have been and can be employed in different ecoregions: sod-based crop rotations, grazing covercrops in cash-crop rotations, crop residue grazing, sod intercropping, dual-purpose cereal crops, and agro-forestry/silvopasture. Improved technologies in conservation tillage, …