Digital Commons Network^™

Northeast Pond, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Silver Lake, Madison, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Townhouse Pond, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Fasl Expression In Articular Discs Of Human Temporomandibular Joint And Association With Osteoarthrosis, Flavio De Alcantara Camejo, Luis Eduardo Almeida, Andrea Doetzer, Karina Sao Thiago Caporal, Viviane Ambros, Marina Azevedo, Luciana Reis Azevedo Alanis, Marcia Olandoski, Lucia Noronha, Paula C. Trevilatto

School of Dentistry Faculty Research and Publications

Background

Apoptosis is a programme of cell death which does not induce an inflammatory response. Recent previous research has suggested a correlation between temporomandibular internal derangement and apoptosis. Fas ligand (FasL) is an apoptosis‐inducing factor, known to trigger apoptosis through distinct signal pathways. This study aims to examine, by immunohistochemistry, the expression of FasL in temporomandibular joint (TMJ) articular discs of patients with anterior disc displacement with reduction (ADDwR) and without reduction (ADDwoR) in patients with and without osteoarthrosis (OA).

Methods

Forty‐two (n = 42) TMJ articular discs were divided into two cut‐offs: (i) 8 control, 17 ADDwR, 17 …

What Went Wrong: Prudent Management Of Endowment Funds And Imprudent Endowment Investing Policies, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

Most colleges and universities of all sizes have an endowment, a fund that provides a stream of income and maintains the corpus of the fund in perpetuity. Organizations with large endowments, such as colleges, universities, and private foundations, all finance a significant part of their operations through the return received from the investment of this capital. This article examines the legal framework for endowment investing, endowment investing policies, their evolution to more sophisticated and riskier strategies, and the consequences evinced during the financial crisis of 2008 and beyond. It traces the approaches to endowment investing and chronicles the rise and, …

Horton The Elephant Interprets The Federal Rules Of Civil Procedure: How The Federal Courts Sometimes Do And Always Should Understand Them, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

In Shady Grove, the Court considered whether a federal class action was maintainable in a diversity case where state law forbade class actions. The justices were sharply split into shifting majorities. One majority concluded that Rule 23 was not substantive for REA purposes and that it applied, but its members could not agree on why. Four justices thought it was proper to look only at the Federal Rule in question to see whether it addressed substance or procedure on its face. A different majority supported an approach to REA questions that required evaluating state law to determine whether the Federal …

Conferring Dignity: The Metamorphosis Of The Legal Homosexual, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

The legal homosexual has undergone a dramatic transformation over the past three decades, culminating in United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA). In 1986, the homosexual was a sexual outlaw beyond the protection of the Constitution. By 2013, the homosexual had become part of a married couple that is “deemed by the State worthy of dignity.” This Article tells the story of this metamorphosis in four phases. In the first, the “Homosexual Sodomite Phase,” the United States Supreme Court famously declared in Bowers v. Hardwick that there was no right to …

Development Of High Fidelity Soot Aerosol Dynamics Models Using Method Of Moments With Interpolative Closure, Somesh Roy, P. G. Arias, Vivien R. Lecoustre, Daniel C. Haworth, H. G. Im, Arnaud Trouvé

Mechanical Engineering Faculty Research and Publications

The method of moments with interpolative closure (MOMIC) for soot formation and growth provides a detailed modeling framework maintaining a good balance in generality, accuracy, robustness, and computational efficiency. This study presents several computational issues in the development and implementation of the MOMIC-based soot modeling for direct numerical simulations (DNS). The issues of concern include a wide dynamic range of numbers, choice of normalization, high effective Schmidt number of soot particles, and realizability of the soot particle size distribution function (PSDF). These problems are not unique to DNS, but they are often exacerbated by the high-order numerical schemes used in …

The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Carta de Foresta, the Charter of the Forest of 1217, is among the first statutes in environmental law of any nation. Crafted to reform patently unjust governance of natural resources in 13th century England, the Charter of the Forest became a framework through which to reconcile competing environmental claims, then and into the future. The Charter confirmed the rights of “free men.” Kings resisted conceding these rights. When confronted with violation of the Charter, barons and royal councils obliged kings repeatedly to reissue the Forest Charter and pledge anew to obey its terms.

Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho

Cleveland State Law Review

Within LGBT rights, the law is abandoning essentialist approaches toward sexual orientation by incrementally de-regulating restrictions on identity expression of sexual minorities. Simultaneously, same-sex marriages are become increasingly recognized on both state and federal levels. This Article examines the Supreme Court’s recent decision, U.S. v. Windsor, as the latest example of these parallel journeys. By overturning DOMA, Windsor normatively revises the previous incrementalist theory for forecasting marriage equality’s progress studied by William Eskridge, Kees Waaldijk, and Yuval Merin. Windsor also represents a moment where the law is abandoning antigay essentialism by using animusfocused jurisprudence for lifting the discrimination against the …

Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily F. Suski

Cleveland State Law Review

Sometimes the very people who are supposed to teach, nurture, and protect students in public schools—the students’ teachers, principals, coaches, and other school officials—are instead the people who harm them. Public school officials have beaten students, causing significant physical harm. They have also left students suffering from depression, suicidal ideation, and Post-Traumatic Stress Disorder. When school officials cause such severe harm to students, all the federal courts of appeals to consider the issue have concluded that the Fourteenth Amendment at least in theory protects them, regardless of whether the form of the harm is emotional or physical. Yet, an analysis …

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Persecution Of Particular Social Groups And The Much Bigger Immigration Picture, R. George Wright

Cleveland State Law Review

Often, aliens seek what is called discretionary asylum, which requires that they show “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” While virtually every word of this requirement is of doubtful meaning and scope, the focus of this Article will be on the idea of persecution based specifically on “membership” in a particular group. Defining, for practical purposes, the idea of a “particular social group” has proven to be remarkably difficult, as is evidenced by widespread official illogic and dubious public policy.

The "Orwellian Consequence" Of Smartphone Tracking: Why A Warrant Under The Fourth Amendment Is Required Prior To Collection Of Gps Data From Smartphones, Matthew Devoy Jones

Cleveland State Law Review

This Note argues that a warrant under the Fourth Amendment, rather than under the ECPA or no warrant at all, must be obtained prior to collection of GPS data from a user’s smartphone, whether payment for the phone is contractual or pay-asyou-go. This Note discusses smartphones and how the purpose of the Fourth Amendment applies to smartphone tracking. This Note also discusses the legislative intent behind the ECPA and its inapplicability to smartphone tracking. In addition, this Note addresses United States Supreme Court decisions regarding electronic monitoring by law enforcement, as well as the development and present use of GPS …

Perfect Is The Enemy Of Fair: An Analysis Of Election Day Error In Ohio's 2012 General Election Through A Discussion Of The Materiality Principle, Compliance Standards, And The Democracy Canon, Eric H. Kearney, Pavan V. Parikh, Bethany E. Sanders

Cleveland State Law Review

The continual change in and review of election systems have not overcome the reality that elections systems, including Ohio’s system, could not weather a close or controversial election without delay, litigation, or doubt as to the result. If such a conflict would arise, the actions taken in polling places across the state could be critical in determining a victor within the state and possibly the nation. Ohio, like many states, has responded to this circumstance with an incredibly technical and rule driven approach to election administration. This approach to elections administration is deficient for two primary reasons: (1) it refuses …

A Market For Tax Compliance, W. Edward Afield

Cleveland State Law Review

This piece seeks to lay the framework for how such a voluntary compliance certification program would work and to discuss the benefits of such a system that are currently not being realized through the IRS’s current regulation of paid preparers. Part II summarizes in brief the current regulatory landscape for paid preparers and illustrates that the current environment falls short in providing a mechanism to allow the government to better direct its enforcement resources and to incentivize a culture of compliance among tax preparers and their clients. Part III describes in general terms how a voluntary compliance certification system should …

Leave As An Accommodation: When Is Enough, Enough?, Stacy A. Hickox, Joseph M. Guzman

Cleveland State Law Review

The right to reasonable accommodations under the Americans with Disabilities Act includes leave that will enable an employee with a disability to return to work rather than being discharged. This right may seem unreasonable for an employer needing employees to be at work to be productive, raising the question of when leave as an accommodation becomes unreasonable or imposes an undue hardship on an employer. In the absence of specific guidance from the Supreme Court, the circuit courts apply a variety of approaches, ranging from individualized analysis to determinations that any leave exceeding some number of weeks is unreasonable. In …

The Hanging Judge By Michael A. Ponsor––Capital Punishment: Is The Death Penalty Worth The Price?, Beth D. Cohen, Pat K. Newcombe

Cleveland State Law Review

No abstract provided.

Copyright Notice, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Errata, Cleveland State Law Review

Cleveland State Law Review

Corrections due to mistakes in the editorial process for Patricia J. Falk, "Because Ladies Lie": Eliminating Vestiges of the Corroboration and Resistance Requirements from Ohio's Sexual Offenses, 62 Clev. St. L. Rev. 343 (2014)

Originalism's Promise, And Its Limits - Symposium: History And Meaning Of The Constitution, Lee J. Strang

Cleveland State Law Review

At the same time, I believe, originalism’s promise remains. Originalism’s promise is three-fold. First, originalism promises that it can paint constitutional interpretation in the most normatively attractive light. Not ideal results. Instead—on balance and systemically—normatively more attractive results than its competitors. Second, originalism promises that constitutional interpretation can fit the key facets of our Constitution. These key facets include, for example, the Constitution’s writtenness and its particular origins, facets that originalism better fits than alternative methods of constitutional interpretation. Third, originalism promises that constitutional interpretation can respect judges’ capacities. Judges’ pivotal role necessitates that interpretative methodologies work with their capacities, …

Religion Without God And The Future Of Free Exercise, R. George Wright

Cleveland State Law Review

In Religion Without God Ronald Dworkin offers a distinctive moral reading of, primarily, the Free Exercise Clause, rather than an historical or precedent-based reading of that clause. Professor Dworkin’s reading apparently seeks to expand the class of persons whose beliefs might fall within the potential coverage of the Free Exercise Clause. But Dworkin’s recommended class of covered persons is, we shall suggest, controversial in both its inclusions and exclusions. Dworkin’s criteria for the revised class of those covered by the Free Exercise Clause would likely be unstable, with significant further consequences for the substance of free exercise jurisprudence in general. …

Top Secret—The Defense Of National Security Whistleblowers: Introducing A Multi-Factor Balancing Test, Patrick M. Rahill

Cleveland State Law Review

This imbalance (prosecuting more lower level employees for security leaks. Leaks by lower level employees are are typically made without approval and often reveal serious wrongdoing in the government.) poses a significant problem for our nation: transparency is essential to a healthy democracy. In order to hold public officials accountable, an informed electorate is necessary, and an electorate that is continuously fed “favorable” information by the administration is an uninformed one. Historically, government whistleblowers of “classified information have played an important role in informing the public throughout our country’s history.” Today’s prosecutions, however, have effectively deterred these important players in …

Supplemental Pay Or Supplemental Power?: Why The Ohio General Assembly's Compensation Structure Unconstitutionally Centralizes Power In The General Assembly Leadership, Frank Camardo

Cleveland State Law Review

In the Ohio House and Senate, committee chairpersons and other select members of legislative committees receive a supplemental salary, in addition to their base legislator pay, for their service on the committee. The Ohio Constitution, however, mandates that legislator pay be fixed by law (hereinafter “Fixed Compensation Provision”) and that no changes to compensation take place during the term (hereinafter “No Change Provision”). Because the Speaker of the House and the Senate President have the power to discretionarily appoint and remove committee chairpersons during the term, compensation necessarily changes during the term of a removed chairperson. Such in-term changes violate …

Evaluation Of Forearm Muscle Fatigue From Operating A Motorcycle Clutch, Megan O. Conrad, Richard W. Marklin

Mechanical Engineering Faculty Research and Publications

A laboratory experiment evaluated the effect of motorcycle clutch design on the electromyography (EMG) activity of the primary agonist finger flexor muscle in the forearm. The goal was to compare muscle fatigue resulting from operation of two different motorcycle clutches in simulated traffic. EMG activity from the flexor digitorum superficialis (FDS) muscle of 12 female and 11 males were recorded while each participant operated an existing motorcycle clutch (requiring 98 N peak force) as well as an alternate design (requiring 36 N peak force) during 60-minute simulations. Muscle fatigue was quantified by measuring the decrease in median frequency of the …

Exploring Linkage Of Quality Management To Innovation, Scott A. Leavengood, Timothy R. Anderson, Tugrul Unsal Daim

Engineering and Technology Management Faculty Publications and Presentations

In many business sectors today, focus on quality as a competitive tool is being replaced by a focus on innovation. Research exploring connections between quality management, innovation, and company performance suggests that quality is ‘necessary but insufficient’ in business today. In short, managers need to know how to adapt their quality management practices to achieve innovation performance in addition to quality performance. West coast U.S. forest products manufacturers were surveyed about their quality management practices and performance with respect to both quality and innovation. Results were analyzed to identify two categories of high-performing firms: those achieving primarily quality outcomes and …

Improving Forecast Accuracy By A Segmented Rate Of Change In Technology Forecasting Using Data Envelopment Analysis (Tfdea), Dong-Joon Lim, Timothy R. Anderson

Engineering and Technology Management Faculty Publications and Presentations

Technology forecasting using data envelopment analysis (TFDEA) captures technological advancement from the evolution of the state-of-the-art (SOA) frontier. Within this process, TFDEA combines rates of changes (RoC) from past technologies that have been superseded by superior technologies. However, it was occasionally observed in previous applications that forecasting based on a single aggregated RoC did not consider the unique growth patterns of each technology segment, which resulted in a conservative or aggressive forecasting. This study proposes a procedure to improve the forecasting accuracy by identifying local rates of change for each frontier segment that may represent different product families. This approach …

Policing Terrorists In The Community, Sahar F. Aziz

Faculty Scholarship

Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to stop terrorism before it occurs. Towards that end, community policing, developed in the 1990s to combat violent crime in inner city communities, is being adopted as a means of collaborating with Muslim communities and local police to combat "Islamist homegrown terrorism." Developed in response to paramilitary policing models, community policing is built upon the notion that effective policing requires mutual trust and relationships among local law enforcement and the …

A New Efficient Method For Analysis Of Finite Periodic Structures, Xiaoyan Y.Z. Xiong, Ling Ling Meng, Li (Lijun) Jun Jiang, Wei E.I. Sha

Electrical and Computer Engineering Faculty Research & Creative Works

The electromagnetic modeling of practical finite periodic structures is a topic of growing interest. Due to the truncation of the infinite periodic structures, surface waves will be excited and localized near the discontinuous interfaces leading to the edge effect of finite structures. In this work, surface waves are numerically disentangled from the propagating Bloch waves contributions. Based on the universally exponential decay feature of the surface waves, a novel method is developed by connecting the solution to the large finite periodic structure with that to a relatively small one resulting in low complexity and memory consumption. The method numerically reconstructs …