Digital Commons Network^™

Applications Of Neuroscience In Criminal Law: Legal And Methodological Issues, John B. Meixner Jr.

Scholarly Works

The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially …

The Responsible Corporation: Its Historical Roots And Continuing Promise, Larry D. Thompson

Scholarly Works

The article focuses on the on the history of American corporations from the colonization period and its impact on private corporations such as venture capitalism. Topics discussed include legal and sustainable approach to corporate responsibility, role of laws in shaping corporate duties and behavior and devastating effect of excessive dividend payments. It also discusses the cases in which courts refuse to interfere with management's long-term decision making.

Rethinking Religious Minorities' Political Power, Hillel Y. Levin

Scholarly Works

This Article challenges the assumption that small religious groups enjoy little political power. According to the standard view, courts, because of their countermajoritarian qualities, are indispensable for protecting religious minority groups from oppression by the majority. But this assumption fails to account for the many and varied ways in which the majoritarian branches have chosen to protect and accommodate even unpopular religious minority groups, as well as the courts’ failures to do so.

The Article offers a public choice analysis to account for the surprising majoritarian reality of religious accommodationism. Further, it explores the important implications of this reality for …

Reconceptualizing Non-Article Iii Tribunals, Jaime Dodge

Scholarly Works

The Supreme Court’s Article III doctrine is built upon an explicit assumption that Article III must accommodate non-Article III tribunals in order to allow Congress to “innovate” by creating new procedural structures to further its substantive regulatory goals. In this Article, I challenge that fundamental assumption. I argue that each of the types of non-Article III innovation and the underlying procedural goals cited by the Court can be obtained through our Article III courts. The Article then demonstrates that these are not theoretical or hypothetical solutions, but instead are existing structures already in place within Article III. Demonstrating that the …

"Sticky" Arbitration Clauses? The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal

Scholarly Works

We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the Supreme Court’s decision in Concepcion, commentators predicted that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form contracts to avoid the risk of class actions. We examine two samples of franchise agreements: one sample in which we track changes in arbitration clauses since 1999, and a broader sample focusing on changes since 2011, immediately before Concepcion was decided. Our central finding is consistent across …

Blended Framework: Bill Mckibben's Use Of Melodrama And Comedy In Environmental Rhetoric, Megan E. Cullinan

Graduate Student Theses, Dissertations, & Professional Papers

In the last five years, as climate change became less abstract and more noticeable, conversations surrounding the issues have begun to change. In the past, solutions to climate change were framed in terms of how individuals can made a difference—and yet, no significant changes have occurred. Research shows that the main contributors to climate change are the fossil fuel industry, as both extraction and consumption of fossil fuel products are irresponsible and unsustainable. Thus, it is important for climate change conflict to leave the personal sphere and become more prominent as a political controversy.

Bill McKibben’s blended framing of climate …

Self-Compassion As A Moderator Of The Relationship Between Emotion Dysregulation And Borderline Personality Disorder Symptoms, Priya Loess

Graduate Student Theses, Dissertations, & Professional Papers

A core feature of borderline personality disorder (BPD) is emotion dysregulation (American Psychiatric Association, 2013). Such dysregulation leads to emotions spiraling out of control, hindering reason, and leading to out-of-control maladaptive behaviors (Conklin, Bradley, Westen, 2006). Invalidating environments, coupled with biologically based emotional vulnerability, are thought to account for the development of BPD (Linehan, 1993). Self-compassion (SC) is in contrast to some common symptoms related to BPD, such as self-hatred, intense shame, and negative self-schemas. SC was tested as a potential moderating mechanism in the relationship between emotion dysregulation and BPD symptoms among a sample of college students. SC consists …

Stages Of Change Theory Applied To Self-Critical Thinking And Fear Of Compassion: A Brief Psycho-Educational Intervention, Meghan Theresa Gill

Graduate Student Theses, Dissertations, & Professional Papers

Self-critical thinking has been identified as a trans-diagnostic feature of several forms of psychopathology, including depression, and anxiety (Gilbert & Proctor 2006). Recent research has found that developing self-compassion skills reduces symptoms of distress and correlates with beneficial outcomes (Barnard & Curry, 2011). Unfortunately, it also appears that some who experience high levels of self-criticism also experience a fear of compassion (i.e., a resistance to soothing and care when directed toward the self or when received from others). Fear of compassion has been identified as a barrier to engagement in, and efficacy of psychological treatment (Gilbert, McEwan, Matos, & Rivis, …

American Indian Children And U.S. Policy, Angelique Eaglewoman (Wambdi A. Wastewin), Sisseton-Wahpeton Dakota Oyate Of The Lake Traverse Reservation, G. William Rice, United Keetoowah Band Of Cherokee Indians In Oklahoma

Tribal Law Journal

This article presents the major impact of implemented U.S. Indian policies on the lives of American Indian children. First, the article discusses U.S. policies aimed to re-socializing American Indians through imposition of external language, culture, and beliefs through a system of government-mandated education. In the late 1700s through the 1800s, the U.S. government set a course for military control over American Indian peoples. Re-socialization as an assimilation policy forced profound lifestyle and culture changes. These policies were aimed directly at American Indian children through mandatory Indian residential boarding schools. After decades of resistance, many tribal communities achieved educational reform. Assimilation …

'In The Interests Of Justice' As The New Test To Exclude Relevant Evidence In Singapore: Anb V Anc [2014] Sghc 172; Wan Lai Ting V Kea Kah Kim [2014] Sghc 180, Siyuan Chen

Research Collection Yong Pung How School Of Law

In 2012, Singapore’s venerable Evidence Act (EA), which is based on Stephen’s Indian Evidence Act of 1872, underwent major amendments for only the third time in 120 years. Previously, conflicting case law had created long-standing confusion as to whether the Singapore courts possessed any discretion to exclude evidence even when was found relevant under the EA. The main reason driving this jurisprudential inconsistency was that while the relevancy provisions in the EA were meant to provide exhaustive definitions of admissibility, Stephen’s then-revolutionary ‘inclusionary’ approach to relevance was simply at odds with modern conceptions of relevance and modern litigation practice. Thus, …

The Enigma Of Veil-Piercing, Pey Woan Lee

Research Collection Yong Pung How School Of Law

In Prest v Petrodel Resources Ltd [2013] 3 WLR 1, Lord Sumption narrowly confined veil-piercing at common law to those cases where a controller had used a company under his control to evade a pre-existing legal liability. This article argues against this approach as it is so narrow that it practically abolished the jurisdiction. Instead, the jurisdiction should be preserved, and its exercise should be constrained by clearly articulated principles.

A Doctor’S Duty Of Disclosure: Uksc Sets New Paradigm In Montgomery V Lanarkshire Health Board, Kee Yang Low

Research Collection Yong Pung How School Of Law

Montgomery v Lanarkshire Health Board (“Montgomery”)1 is about a baby being born with severe disabilities. Expectant mothers of small build and suffering from diabetes,2 such as the plaintiff, run the risk of shoulder dystocia, that is – the situation of the baby’s shoulders being unable to pass through the pelvis in a normal delivery.3 In this case, the patient was not told of the risk of shoulder dystocia as, in the doctor’s opinion, the possibility was very small. The doctor was not inclined to warn as most mothers, if told would opt for a ceasarean section and that would deprive …

Teacher Research In Reggio Emilia, Italy: Essence Of A Dynamic, Evolving Role., Carolyn P. Edwards, Lella Gandini

Department of Child, Youth, and Family Studies: Faculty Publications

Many aspects of the Reggio Emilia experience are fascinating to American educators, but perhaps none more than the role of the teacher. How do teachers (infant-toddler and preschool) support, facilitate, and guide children to the complex levels seen in classroom interactions as well as the creative works children produce? Certainly, the teacher’s role has intrigued both of us ever since we began our studies there, even before we began collaborating on the three successive editions of The Hundred Languages of Children (Edwards, Gandini, & Forman, 1993, 1998, and 2012). In each of those volumes, one of us (Carolyn) contributed a …

Social Contexts Of Infant Feeding And Infant Feeding Decisions, Ellen J. Schafer, Natalie A. Williams, Siri Digney, Marion E. Hare, Sato Ashida

Department of Child, Youth, and Family Studies: Faculty Publications

Background: Infant feeding takes place within a network of social relationships. However, the social context in which infant feeding advice is received remains underresearched.

Objective: The objective of this study was to evaluate the social contexts of infant feeding by examining individual and relationship characteristics of mothers and network members associated with advice to exclusively breastfeed, exclusively formula feed, or use a combination of breast milk and formula.

Methods: Information about 287 network members was reported by 80 low-income mothers during a one-time survey. Characteristics of relationships associated with mothers receiving advice (exclusively breastfeed/formula feed, combination feed) from each network …

“I Want To Leave—Go Far Away—I Don’T Want To Get Stuck On The Res[Ervation]”: Developmental Outcomes Of Adolescent-Aged Children Of Navajo Native American Teen Mothers, Rochelle L. Dalla, Heather R. Kennedy

Department of Child, Youth, and Family Studies: Faculty Publications

In 1992 and 1995, data were collected from 29 Navajo Reservation teenage mothers. In 2007, 71% (n = 21) of the original sample participated in a follow-up investigation. Then in 2008, data were collected from their children. Here, we present results of the 2008 investigation by describing the developmental outcomes of 14 “at risk” youth—those born to Navajo Native American adolescent mothers. Grounded in Ecological Systems Theory, our primary goal was to identify risk and protective factors across social and physical contexts (e.g., family, peer, school, and reservation community). A supplemental goal was to examine associations among indices of psycho-social …

Erupted Complex Odontoma Mimicking A Mandibular Second Molar, Luis Eduardo Almeida, M. O. Andrade, M. A. De Oliveira Filho, Paula C. Trevilatto, Andrea Doetzer

School of Dentistry Faculty Research and Publications

Complex odontoma (CO) is considered one of the most common odontogenic lesions, composed by a miscellaneous of dental tissue such as enamel, dentin, pulp and sometimes cementum. They may interfere with the eruption of an associated tooth, being more prevalent in the posterior mandible. CO has been rarely reported as erupted, being considered an intraosseous lesion. This is a case report of a 17-year-old male with a benign fibro-osseous lesion consistent with CO that was located at the left second molar region, above the crown of the impacted mandibular second molar tooth. The lesion was surgically removed, and the tooth …

Mathematical Model For Bone Mineralization, Svetlana V. Komarova, Lee Safranek, Jay Gopalakrishnan, Miao-Jung Yvonne Ou, Marc D. Mckee, Monzur Murshed, Frank Rauch, Erica Zuhr

Mathematics and Statistics Faculty Publications and Presentations

Defective bone mineralization has serious clinical manifestations, including deformities and fractures, but the regulation of this extracellular process is not fully understood. We have developed a mathematical model consisting of ordinary differential equations that describe collagen maturation, production and degradation of inhibitors, and mineral nucleation and growth. We examined the roles of individual processes in generating normal and abnormal mineralization patterns characterized using two outcome measures: mineralization lag time and degree of mineralization. Model parameters describing the formation of hydroxyapatite mineral on the nucleating centers most potently affected the degree of mineralization, while the parameters describing inhibitor homeostasis most effectively …

Traveling The Distance: Danish “Empire Migration” To The U.S. Virgin Islands, Pernille Østergaard Hansen

The Bridge

In 1917, Denmark sold its Caribbean colonies—known at the time as the Danish West Indies—to the United States and thus made its final, official break with the islands of St. Thomas, St. Croix, and St. John. The transfer of the islands to the United States involved a juxtaposition of both rupture and continuity, however. Although the year 1917 marked a significant decline in Danish colonial rule, “new imperial” ideas and practices continued without interruption. Moreover, the transfer did not break Danish ties to the former colony. Several Danes stayed on and continued their island lives, while other Danes chose to …

Full Issue

The Bridge

No abstract provided.

The Volk Of New Jersey? State Identity, Distinctiveness, And Political Culture In The American Federal System, Ernest A. Young

Faculty Scholarship

The legal literature on federalism has long taken for granted that Americans no longer meaningfully identify with, or feel strong loyalties to, their states. This assumption has led some scholars to reject federalism altogether; others argue that federalism must be reoriented to serve national values. But the issue of identity and loyalty sweeps far more broadly, implicating debates about the political safeguards of federalism, the ability of states to check national power, and the likelihood that states will produce policy innovations or good opportunities for citizen participation in government. The ultimate question is whether American federalism lacks the cultural and …

Against Game Theory, Gale M. Lucas, Mathew D. Mccubbins, Mark Turner

Faculty Scholarship

People make choices. Often, the outcome depends on choices other people make. What mental steps do people go through when making such choices? Game theory, the most influential model of choice in economics and the social sciences, offers an answer, one based on games of strategy such as chess and checkers: the chooser considers the choices that others will make and makes a choice that will lead to a better outcome for the chooser, given all those choices by other people. It is universally established in the social sciences that classical game theory (even when heavily modified) is bad at …

"We're Cool" Statements After Omnicare: Securities Fraud Suits For Failures To Comply With The Law, James D. Cox

Faculty Scholarship

As part of a symposium celebrating the multiple contributions of the late Alan Bromberg, this article examines implications flowing from the Supreme Court’s recent decision in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund. Because Omnicare lands so squarely on the Court’s earlier opaque opinion in Virginia Bankshares, Inc. v. Sandberg addressing the treatment of the materiality of opinion statements, Omnicare is the new currency in the realm that will have far-reaching implications. In Virginia Bankshares, the Supreme Court quickly concluded shareholders would attach significance to the board of directors’ statement that the cash-out merger …

The Importance Of The Right To Food For Achieving Global Health, Emilie K. Aguirre

Faculty Scholarship

The Framework Convention on Global Health (FCGH) represents a significant opportunity to realize the right to health globally. However, in order to succeed the FCGH must be carefully considered: it must take a new evidence-based approach that departs meaningfully from past shortcomings in realizing the right to health. Central to this approach is recognizing, formally incorporating, and operationalizing the right to adequate food. This right should be correctly interpreted as a right to a standard of nutritional quality and not as a right to a minimum number of calories. Because nutrition is critical to the achievement and maintenance of good …

The Effect Of Frequent Quizzing On Student Populations With Differing Preparation And Motivation In The High School Biology Classroom, Rebecca Lynn Kling Achord

LSU Master's Theses

This study was undertaken to test whether frequent quizzing would have different learning outcomes with the different populations within the classroom. Normalized mean learning gains were compared among classes that were quizzed or not quizzed. Allied Health Honors, Allied Health Academic and Academic classes in a high school biology classroom were given pre- and posttests in three units of study: protein synthesis, genetics, and classification. The same student population was also analyzed based on academic achievement levels: high, medium and low. In each unit, the experimental group was taught with traditional power point based lectures and guided notes, laboratories, activities, …

Sulforaphane Reverses The Expression Of Various Tumor Suppressor Genes By Targeting Dnmt3b And Hdac1 In Human Cervical Cancer Cells, Munawwar Ali Khan, Madhumitha Kedhari Sundaram, Amina Hamza, Uzma Quraishi, Dian Gunasekera, Laveena Ramesh, Payal Goala, Usama Al Alami, Mohammad Zeeshan Ansari, Tahir A. Rizvi, Chhavi Sharma, Arif Hussain

All Works

© 2015 Munawwar Ali Khan et al. Sulforaphane (SFN) may hinder carcinogenesis by altering epigenetic events in the cells; however, its molecular mechanisms are unclear. The present study investigates the role of SFN in modifying epigenetic events in human cervical cancer cells, HeLa. HeLa cells were treated with SFN (2.5 μM) for a period of 0, 24, 48, and 72 hours for all experiments. After treatment, expressions of DNMT3B, HDAC1, RARβ, CDH1, DAPK1, and GSTP1 were studied using RT-PCR while promoter DNA methylation of tumor suppressor genes (TSGs) was studied using MS-PCR. Inhibition assays of DNA methyl transferases (DNMTs) and …

A New Demonstration Of The Illusory Letters Phenomenon: Graphemic Restoration In Arabic Word Perception, Timothy R. Jordan, Mercedes Sheen, Maryam A. Aljassmi, Kevin B. Paterson

All Works

© 2015 a Pion publication. The illusory letters phenomenon (ILP) is a unique demonstration that words can be perceived as complete even when letters are physically absent. However, the ILP has only ever been reported for a Latinate language (English), and it is unknown whether the illusion occurs for alphabetic languages with fundamentally different visual properties. Here we report a demonstration of the ILP for Arabic in which stimuli containing only the exterior letters of three-letter Arabic words and a nonsense pattern in the interior position were presented to fluent Arabic readers. Despite being incomplete, participants perceived these stimuli as …

The Role Of Vitamin D In Diabetes And Cardiovascular Disease: An Updated Review Of The Literature, Dimitrios Papandreou, Zujaja Tul Noor Hamid

All Works

© 2015 Dimitrios Papandreou and Zujaja-Tul-Noor Hamid. The dietary reference values for Vitamin D were set primarily considering its role in bone health, but with the discovery of Vitamin D receptors throughout body tissues, new links with other health conditions are now studied, such as for diabetes and cardiovascular diseases (CVD). This paper shall analyze and examine all new research studies carried out, especially in 2013-2015 regarding diabetes mellitus (DM) and cardiovascular diseases (CVD). Vast research has been carried out to establish strong relationship between Vitamin D serum levels, supplementation, diabetes, and CVD. However, the results from researches identified in …

Community Resilience And Social Memory, Ga Wilson

School of Geography, Earth and Environmental Sciences

The notion of ‘resilience’ is rapidly emerging as a research topic in its own right, with the notion of ‘social resilience’ rapidly gaining importance. Yet, due to the relative novelty of the research field, discussions about processes of social resilience are not yet fully developed, especially with regard to how the inbuilt ‘memory’ of a local community helps shape resilience pathways (social memory). Interlinkages between social memory and community resilience are the focus of this study, with emphasis on analysis of the importance of rites, traditions and social learning processes for shaping community resilience/ vulnerability.

Coupled Techniques For Arsenic Speciation In Food And Drinking Water: A Review, Bashdar Sadee, M. E. Foulkes, S. J. Hill

School of Geography, Earth and Environmental Sciences

No abstract provided.

Core Interprofessional Education (Ipe) Health Competencies: The Process Of Adaptation And Implementation For A Local Environment, Bradley Johnson, Myriam Abi Hayla, Peter J Jewesson, Carolyn Byrne, Mohamed El-Tawil, Mohamud A. Verjee

All Works

IPE: Interprofessional Healthcare Education (IPE) competencies provide the criteria against which to measure the capacity and capability of fully collaborative healthcare teams to learn and work together. Significant work already exists in the determination of IPE competencies across all disciplines. Although there is still a lack of agreement on a single set of shared core competencies, successive competency iterations enhance its development. IPE competencies need to take into account local and cultural contexts as recommended by WHO, (2010). Here we present a collaborative process that builds on existing competency development, assessing additional academic IPE needs. Core competencies: After the development …