Digital Commons Network^™

Structural Tax Exceptionalism, James M. Puckett

Faculty Scholarship

This Article argues that it is misleading to declare the death of tax exceptionalism and that structural tax exceptionalism may have important benefits. Part II provides a brief historical overview of the rise of federal agency administration of statutes and especially tax laws. The history trends to detract from anti-tax and anti-agency rhetoric that counsel disempowering the Treasury Department and other administrative agencies from comprehensively enforcing laws and making policy in their relevant domains. Part III analyzes how the Code's structure for tax administration differs from the APA template for administrative agencies. Part IV deconstructs these differences, drawing from general …

The Price Of Paid Prioritization: The International And Domestic Consequences Of The Failure To Protect Net Neutrality In The United States, Arturo J. Carrillo, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

This article examines the international trade and human rights obligations of the United States as they relate to net neutrality to determine the extent to which the approach adopted by the Federal Communications Commission (FCC) in 2015 to promote an open Internet complies with those obligations. In March of that year, the FCC adopted new rules to promote and protect an open Internet that, inter alia, reclassified broadband providers as common carriers subject to nondiscrimination obligations and codified strong net neutrality protections. The authors argue that the 2015 FCC Order, contrary to its predecessors, largely meets the requirements of the …

The Pneumatic Common: Learning In, With And From The Air, Derek R. Ford

Education Studies Faculty publications

Air is an immersive substance that envelopes us and binds us together, yet it has dominantly been taken for granted and left out of educational and other theorizations. This article develops a conceptualization of the pneumatic common in order to address this gap. The specific intervention staged is within recent educational literature on the common by Noah De Lissovoy, Tyson E. Lewis, and Alexander Means. This literature is surveyed and analyzed in relation to educational theory, curriculum, pedagogy, and policy. Claiming that the air is a central feature of and paradigm for the common, I then concentrate on making the …

Global Analysis Of Gene Expression And Projection Target Correlations In The Mouse Brain, Ahmed Fakhry, Tao Zeng, Hanchuan Peng, Shuiwang Ji

Computer Science Faculty Publications

Recent studies have shown that projection targets in the mouse neocortex are correlated with their gene expression patterns. However, a brain-wide quantitative analysis of the relationship between voxel genetic composition and their projection targets is lacking to date. Here we extended those studies to perform a global, integrative analysis of gene expression and projection target correlations in the mouse brain. By using the Allen Brain Atlas data, we analyzed the relationship between gene expression and projection targets. We first visualized and clustered the two data sets separately and showed that they both exhibit strong spatial autocorrelation. Building upon this initial …

Applying Patent-Eligible Subject Matter Restrictions, Jonas Anderson

Utah Law Faculty Scholarship

The US Supreme Court’s difficulty in promulgating a standard for patent-eligibility has not gone unnoticed in the academy. Hundreds of academic conferences, including this one, have been devoted to the topic. The goal of this Article is not to solve the seemingly intractable problem of patent-eligibility doctrine. The goal of this Article is rather more modest. Instead of normatively assessing patent-eligible subject matter doctrine, this Article seeks to identify which foundational theories of patent-eligible subject matter can most readily be applied by courts and the US Patent and Trademark Office via Section 101. In doing so, this Article categorizes the …

A Description Analysis Of Disciplinary Cases Of Law Enforcement Officers In The State Of Florida Over A Ten-Year Period, Brian V. Frank

Graduate Student Dissertations, Theses, Capstones, and Portfolios

A distrust of government is as old as the country itself. Police officers hold a great deal of power, as they have the ability to take the one thing the American people hold sacred: freedom. Ethical violations by police officers enrage the public and cause great concern for law enforcement administrators. Past research has focused on the individual aspects within law enforcement along with criminological and sociological theories. The most recent research in law enforcement ethics shows fragmentation and a lack of standardization within the areas of screening, training, and managing for integrity. According to the Bureau of Justice Statistics, …

Application Of Damage Mechanics To Describe The Behavior Of Concrete Under Fatigue And Freeze-Thaw Processes, Ashkan Saboori

Civil and Environmental Engineering

Concrete has been used in dams, bridges, and highway pavements in which freeze-thaw process and cyclic loading are important factors affecting its mechanical behavior. Damage caused by frost expansion is a primary concern when designing concrete structures in cold regions. The onset of damage within concrete can be accelerated when a freeze-thaw cycle occurs while a structure is subjected to an external loading. Also, concrete under fatigue loading gradually loses its strength with an increase in the number of load cycles. It is widely accepted that concrete shows more flexible behavior under freeze-thaw process and fatigue loading due to wide-spread …

Damage Localization Of Slab-On-Girder Bridges Through Vibration Characteristics, Michael Andrew Telste

Civil and Environmental Engineering

An incompletely documented bridge 09-125-16 in Cass County, ND was tested by Bridge Diagnostics, Inc. (BDI). A Grillage numerical model is created with their field data to simulate the bridge responses due to traffic loads. A validated bridge model matching the field test data is developed. Based on the validated numerical model, loading of the corresponding bridge under different damage scenarios is performed to capture the change of displacement mode shapes. Using the difference of these displacement mode shape data, a modified curvature method is suggested for identifying damage in bridges, which is shown successfully through the modeling results of …

Understanding State Constitutions: Locke And Key, Gary S. Lawson

Faculty Scholarship

Steve Calabresi and Sofia Vickery have done a great service by uncovering the pre-Fourteenth Amendment case law in state courts interpreting and applying state constitutional provisions which contain "Lockean" language guaranteeing rights to life, liberty, property, safety, happiness, or some combination of those rights.' These cases are manifestly one of the keys to understanding the legal world in which the Fourteenth Amendment was crafted and ratified. It is instructive and fascinating to see the development and application of these Lockean provisions, whose influence 2 seems to have spread beyond this country. It is a pleasure and honor to be asked …

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Everyone seems concerned about government surveillance, yet we have a hard time agreeing when and why it is a problem and what we should do about it. When is surveillance in public unjustified? Does metadata raise privacy concerns? Should encrypted devices have a backdoor for law enforcement officials? Despite increased attention, surveillance jurisprudence and theory still struggle for coherence. A common thread for modern surveillance problems has been difficult to find.

In this article we argue that the concept of ‘obscurity,’ which deals with the transaction costs involved in finding or understanding information, is the key to understanding and uniting …

Medical Evidence And Expertise In Abortion Jurisprudence, Aziza Ahmed

Faculty Scholarship

Medical literature on abortion largely supports pro-choice legal claims. In turn, progressive lawyers often call for “evidence-based approaches” to lawmaking on the assumption that it will produce pro-choice legal and regulatory outcomes. This article argues that the evidence-based approach is no longer a reliable or stable strategy for pro-choice lawyering given transformations in judicial treatment of medical knowledge and a shifting evidentiary base.

Drawing on landmark cases from 1973 to 2012, this article demonstrates how the Supreme Court and lower courts selectively utilize medical expertise and evidence to liberalize or constrain abortion access. With Roe v. Wade, 4 the Supreme …

Alice Corp. V. Cls Bank Int'l, Jordana Goodman

Faculty Scholarship

Congress has the power "to promote the Progress of Science and useful Arts."' Patent law subject matter eligibility under 35 U.S.C. section 101 creates a balance between incentivizing inventors to publicly disclose their knowledge and protecting the public from monopolies on ideas. Allowing inventors to monopolize the basic tools of scientific and technological work might "tend to impede innovation more than it would tend to promote it."² "Laws of nature, natural phenomena, and abstract ideas" constitute unpatentable subject matter under section 101.³ The section 101 inquiry serves as a threshold test to determine if the subject matter of …

Caperton's Next Generation: Beyond The Bank, Jed Handelsman Shugerman, Debra Lyn Bassett, Gregory S. Parks, Dmitry Bam, Rex R. Perschbacher

Faculty Scholarship

Part of NYU Journal of Legislation & Public Policy Fall 2014 symposium: "Courts, Campaigns, and Corruption: Judicial Recusal Five Years after Caperton". The panels can be watched here.

Factors Associated With Inconsistent Condom Use Among Men Who Have Sex With Men In Cambodia, Siyan Yi, Sovannary Tuot, Pheak Chhoun, Khuondyla Pal, Khimuy Tith, Carinne M. Brody

Background: Compared to the general population, men who have sex with men (MSM) are at greater risk for HIV and less understood due to their more hidden and stigmatized nature. Moreover, the discrepancy in findings in the literature merits further investigations in MSM populations from different cultures and settings. We therefore conducted this study to explore factors associated with inconsistent condom use among high-risk MSM in Cambodia.

Methods: This cross-sectional study was conducted in 2014 among 367 MSM randomly selected from Battembang and Siem Reap using a two-stage cluster sampling method. A structured questionnaire was used for face-to-face interviews to …

Factors Associated With Recent Hiv Testing Among High-Risk Men Who Have Sex With Men: A Cross-Sectional Study In Cambodia, Siyan Yi, Sovannary Tuot, Pheak Chhoun, Carinne M. Brody, Khuondyla Pal, Sopheap Oum

Background: Despite remarkable success in the fight against HIV, HIV prevalence in many countries remains high among key populations including men who have sex with men (MSM), and HIV testing rates is relatively low among this hard-to-reach population. This cross-sectional study explores factors associated with recent HIV testing among MSM in Cambodia.

Methods: This study was conducted in 2014 and included 384 MSM randomly selected from two provinces of Battembang and Siem Reap, using a two-stage cluster sampling method. A structured questionnaire was used for face-to-face interviews to collect data on socio-demographic characteristics, HIV testing history, sexual behaviors, …

Economic Self-Help Group Programs For Improving Women’S Empowerment: A Systematic Review, Carinne M. Brody, Thomas De Hoop, Martina Vojtkova, Ruby Warnock, Megan Dunbar, Padmini Murthy, Shari Dworkin

Motivation: Self-help groups (SHGs) are implemented around the world to empower women, supported by many developing country governments and agencies. A relatively large number of studies purport to demonstrate the effectiveness of SHGs. This is the first systematic review of that evidence.

Approach: We conducted a systematic review of the effectiveness of women’s economic SHG programs, incorporating evidence from quantitative and qualitative studies. We systematically searched for published and unpublished literature, and applied inclusion criteria based on the study protocol. We critically appraised all included studies and used a combination of statistical meta-analysis and meta-ethnography to synthesize the …

Research Ethics Training Of Trainers: Developing Capacity Of Bolivian Health Science And Civil Society Leaders, Annette Aalborg, Jacqueline Cortez, Sarah Sullivan, Oscar Lanza, Armando Basagoitia, Adriana Valencia, Roxane Modares

Program/Project Purpose: The University of San Andres, Faculty of Medicine in La Paz, Bolivia in collaboration with Touro University California, Public Health Program was awarded a NIH Research Ethics Planning Grant in June, 2013 to develop strategies and processes for implementation of a comprehensive national research ethics program for Bolivia. Although the importance of scientific research based on ethical principles is highlighted in the Bolivian constitution and national health legislation, few Bolivian academics, researchers and health professionals have received formal training in the principles and practices of research ethics. A principle aim of the Planning Grant is to develop …

Issues Of Online Distance Education: Learning Motivation Of Current And Prospective School Teachers, Anna Toom

Graduate School of Education Publications and Research

In this work, LM in three categories of students – motivated, unmotivated and overmotivated – was explored. Fifty graduate students, which were current and prospective school teachers and took the author’s online psychology courses in 2012-2013, participated in the study. The research methodology included developing the rules of coding students’ course work, designing the 100-scale of LM for representing their individual as well as collective data, and collecting info about students’ academic achievement in this course. According to the results, students’ LM has two co-existing components – pragmatic (grade-oriented) and cognitive (knowledge-oriented). Three mentioned categories of students differ in quantity …

A Qualitative Analysis Of Graduate Sport Administration/Management Curricula Offered At Private And Public Institutions In Comparison To Cosma Requirements, Kristin E. Brown

All-Inclusive List of Electronic Theses and Dissertations

The evolution of sport and the factors that are influencing it, such as industry standards and external conditions, have challenged curricula in the area of sport. The number of sport administration/management programs has increased over the years to over 500 (North American Society for Sport Management, n.d.), which, in turn, has contributed to variation among higherEducation programs (Eagleman & McNary, 2010). Sport administration/management programs vary in core content, specializations,Educational philosophies, and ideologies (Eagleman & McNary, 2010; Jones, Brooks, & Mak, 2008). Ideologies underpinning the curricular structure are uncertain among graduate programs in sport administration/management. The information in this study was …

A Snapshot Of Successful Female Participants In A Drug Court Program With A Sub-Focus On Prescription Drug Abusers, Mallory E. Pugh

All-Inclusive List of Electronic Theses and Dissertations

This study will identify characteristics associated with successful female participants in one of Indianas drug court programs. It will also provide a snapshot of the female prescription drug abusers within the program. Data was reviewed for participants in the VCDC program during a three year period (n=259) with a sub-focus on female participants (n=76) and a further look at the female prescription drug abusers (n=34). This study examined a wide range of self-reported and staff-reported variables including health insurance, prior attempts at treatments, criminal history, history of drug abuse, victimization, family history of substance abuse,Education level, and employment in order …

Examination Of Pre-Kindergarten Programming And Kindergarten Success In The State Of Indiana, Scott Allen Deetz

All-Inclusive List of Electronic Theses and Dissertations

The U.S. government appropriates billions of dollars each year to all states and territories in America through Head Start and Title I programs (Hurley, 2014). These monies are either solely dedicated to school readiness or can be used to narrow the readiness gap by the time the child is of school age. Even with this financial support, Indiana was still one of 10 states that did not contribute its own monies or provide guidance for implementing a statewide pre-kindergarten program (National Institute for EarlyEducation Research, 2014). Without governance at the state level, no certification requirements for program administrators or curricular …

Religious Fundamentalism, Problem Solving Style, And Psychological Well-Being, Joseph A. Creedon

All-Inclusive List of Electronic Theses and Dissertations

Religious belief serves an important role in the lives of many individuals. Religious affiliation has been associated with a number of benefits, including social support, a sense of purpose, and it may increase self-esteem and act as a protective factor against depression. Particularly when faced with adversity or in times of crisis, religious belief provides meaning and support for many people. However, some variations of religiousness have been suggested to be detrimental mental and physical health. For example, certain aspects of religious fundamentalism, such as the rigid, authoritarian structure and strict behavioral requirements, have been negatively associated with facets of …

A Model Of Packet Loss Caused By Interference Between The Bluetooth Low Energy Component Of An Ios Wearable Body Area Network And Residential Microwave Ovens, William C. Barge

All-Inclusive List of Electronic Theses and Dissertations

Cardiovascular diseases are the leading cause of death in the United States. Advances in wireless technology have made possible the remote monitoring of a patient's heart sensors as part of a body area network. Previous studies have suggested that stray wireless transmissions in the industrial, scientific, and medical (ISM) band cause interference resulting in packet loss in Bluetooth piconets. This study investigates the impact that wireless transmissions from residential microwave ovens have on the Bluetooth Low Energy (BLE) component of the body area network. Using a systematic data collection approach, two variables were manipulated. The distance between the microwave oven …

What We Know, What We Do And What We Could Do: Creating An Understanding Of The Delivery Of Health Education In Lower Secondary Government Schools In Western Australia, Donna Michelle Barwood

Theses: Doctorates and Masters

Australian health data indicates that childhood is a significant time for young Australians to develop health and well-being issues. Concurrently, health advocates herald in-school delivery of skills-based participatory health education as making significant contributions to developing behaviour change and supporting health enhancing dispositions in children and young people. In Western Australia (WA), skillsbased participatory health education is characterised by linking knowledge and understandings of what it means to be safer, healthier and more physically active to skills that action these states. Skills-based is a preferred approach to teaching and learning in the Health and Physical Education Learning Area (HPE LA), …

An Examination Of Social Desirability Confounds In A New Ipsative Measure Of Murray's Psychogenic Needs, Lisa Harris

Theses: Doctorates and Masters

A reliable and valid instrument for the direct measurement of the relative strength of psychological needs is currently lacking. In response to this shortcoming, a new ipsative instrument, the Psychogenic Need Scale (PNS), is currently being developed; this is a 190-item forced-choice self-report measure that is based upon Murray’s psychogenic needs. For the development of a valid forced-choice instrument, it is critical to minimise the confounding effects of social desirability (the tendency for respondents to describe oneself in the most favourable light). Whilst other measures typically use specifically designed scales to detect social desirability confounds, this approach is unsuitable for …

Evaluation Of A Modified Food Frequency Questionnaire To Measure Lignans In Australian Men And Women, Ying Qi Winnie Li

Theses: Doctorates and Masters

Phytoestrogens are plant compounds that possess estrogenic and biological properties that have been postulated to protect against chronic diseases. Isoflavonoids and lignans are two main classes of phytoestrogen that have been investigated for their estrogenic efficacy and occurrence in the human diet. Isoflavonoids are found in soy and related products, whereas lignans are found in a wider range of plant-based foods, such as cereals, vegetables, fruits, legumes, nuts and seeds; and in beverages such as tea, coffee and wine. In Western populations with low dietary intake of soy products, compared to the Asian counterparts, lignans could be a more important …

Landlord’S Liability For Tenant’S Nuisance: Uksc Clarifies The Law In Lawrence V Fen Tigers (No. 2), Kee Yang Low

Research Collection Yong Pung How School Of Law

Where an occupier of premises creates or causes a nuisance and affects his neighbour’s enjoyment of land, the neighbour may sue him under the tort of nuisance. Where the occupier is a tenant, the neighbour may also have recourse to the landlord. This area of law, however, has not been the subject of rigorous judicial analysis and appears to be still lacking in clarity, precision and sophistication. The position prior to the UKSC decision in Lawrence and another v Fen Tigers Ltd and others (No. 2),1 (“Lawrence”) as discerned by the authors of Markesinis & Deakin’s Tort Law2 is that, …

Interview With The Honourable Justice Chang-Fa Lo (Justice, Constitutional Court, Taiwan; National University College Of Law) And Dr Winnie Jo-Mei Ma, (Honorary Associate Professor, Bond University Faculty Of Law, Australia) On The Draft Convention On Cross-Border Enforcement Of International Mediated Settlement Agreements, Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.

Boundaries Of Governance: Social Responsibility In Mining In Western Australia, Gemma L. Broderick

Theses: Doctorates and Masters

This research investigated the boundaries of governance of social responsibility in three multinational mining organisations based in Perth, Western Australia. The mining industry has economic, environmental and social impacts, both positive and negative. While most of the attention of the media and supporters in government seems to focus on the positive impacts, a growing concern regarding the social implications of mining is clearly evident in public discourse and the academic literature. In response to public concern, the mining industry has adopted terms such as ‘sustainability’, ‘sustainable development’, ‘social licence to operate’ and ‘social responsibility’. Such phrases are widely used in …

Music In Site: Integrating Elements Of Site-Specificity Into Composition, Mace Francis

Theses: Doctorates and Masters

Architectural spaces and their acoustic characteristics offer unique musical material for the compositional process. Acoustic and physical design features of unorthodox performance spaces can become part of works and their performances. This thesis examines ways to integrate acoustic characteristics of an architectural space into the compositional process, and discusses how different levels of site-specificity may be engaged in this process.

This research grew from an interest in composing music for the acoustic problems of performance spaces rather than trying to resist them, after a jazz ensemble performance in a large reverberant space. This led to exploring built environments that offered …