Digital Commons Network^™

Early Prerogative And Administrative Power: A Response To Paul Craig, Philip Hamburger

Missouri Law Review

This Article is organized around Craig’s three criticisms. (I) In challenging my thesis that federal administrative power revives a version of prerogative power, he argues that these types of power are crucially different because the prerogative was independent of statute. But his statute-free vision of prerogative power is grossly incorrect, and it therefore cannot distinguish prerogative and administrative power. His argument also is unresponsive. My thesis is that administrative power revives the extralegal character of the absolute prerogative – in other words, that both sorts of power have bound subjects through extralegal edicts – and this extralegal power remains a …

Timing Is Everything: Shea Homes, Inc. V. Commissioner, Nick Griebel

Missouri Law Review

In 1986, the Internal Revenue Code (“Tax Code”) was comprehensively revised for the first time in over thirty years as part of the Tax Reform Act of 1986 (“Act”). In enacting this comprehensive reform, Congress was guided by three overarching objectives: achieving fairness, improving efficiency, and striving for simplicity in the Tax Code. Before 1986, high-income taxpayers found ways to lower their effective tax rates through many tax shelters and loopholes in the Tax Code. As a result, many of these wealthy taxpayers were paying lower tax rates than their less affluent, low-income counterparts. With this perceived unfairness in mind, …

Today - November 2015, Loma Linda University Health

TODAY

In this issue:

-- First hospital-based proton center hosts celebratory events with reunion of hundreds of former patients and families
-- SAC Health Systems celebrates 20 years of health care to San Bernardino residents
-- New global initiative brings dermatological telemedicine to rural communities on the African continent
-- Loma Linda University Health employees enjoy excellent health care benefits and low premiums
-- The Children's Hospital and Proton Treatment and Research Center: a rare combination
-- Team-building program at Drayson Center brings people together through play
-- More than 2,000 people attend Family Health Fair and 5k run
-- Dishes …

Institutional Repository As A Scholarly Publishing Partner: A Case Of Aga Khan University Library, Ashraf Sharif

Libraries

No abstract provided.

In (Partial) Defense Of .05, Thomas R. Knapp

Journal of Modern Applied Statistical Methods

Researchers are frequently chided for choosing the .05 alpha level as the determiner of statistical significance (or non-significance). A partial justification is provided.

Semi-Parametric Non-Proportional Hazard Model With Time Varying Covariate, Kazeem A. Adeleke, Alfred A. Abiodun, R. A. Ipinyomi

Journal of Modern Applied Statistical Methods

The application of survival analysis has extended the importance of statistical methods for time to event data that incorporate time dependent covariates. The Cox proportional hazards model is one such method that is widely used. An extension of the Cox model with time-dependent covariates was adopted when proportionality assumption are violated. The purpose of this study is to validate the model assumption when hazard rate varies with time. This approach is applied to model data on duration of infertility subject to time varying covariate. Validity is assessed by a set of simulation experiments and results indicate that a non proportional …

Bayesian Analysis Under Progressively Censored Rayleigh Data, Gyan Prakash

Journal of Modern Applied Statistical Methods

The one-parameter Rayleigh model is considered as an underlying model for evaluating the properties of Bayes estimator under Progressive Type-II right censored data. The One‑Sample Bayes prediction bound length (OSBPBL) is also measured. Based on two different asymmetric loss functions a comparative study presented for Bayes estimation. A simulation study was used to evaluate their comparative properties.

Postnatal Growth Standards For Preterm Infants: The Preterm Postnatal Follow-Up Study Of The Intergrowth-21st Project, José Villar, Francesca Giuliani, Zulfiqar A. Bhutta, Enrico Bertino, Eric O. Ohuma, Leila Cheikh Ismail, Fernando C. Barros, Douglas G. Altman, Cesar Victora, Julia A. Noble, Michael G. Gravett, Manorama Purwar, Ruyan Pang, Ann Lambert, Aris T. Papageorghiou, Roseline Ochieng, Yasmin A. Jaffer, Stephen H. Kennedy

Paediatrics and Child Health, East Africa

Background: Charts of size at birth are used to assess the postnatal growth of preterm babies on the assumption that extrauterine growth should mimic that in the uterus.

Methods: The INTERGROWTH-21st Project assessed fetal, newborn, and postnatal growth in eight geographically defined populations, in which maternal health care and nutritional needs were met. From these populations, the Fetal Growth Longitudinal Study selected low-risk women starting antenatal care before 14 weeks’ gestation and monitored fetal growth by ultrasonography. All preterm births from this cohort were eligible for the Preterm Postnatal Follow-up Study, which included standardised anthropometric measurements, feeding practices based on …

Calvin Theological Journal (Vol 50 No 2 - November 2015), Calvin Theological Seminary

Calvin Theological Journal

ARTICLES: Doing History as Theologians by David C. Steinmetz - 174 / Hagiography and Theology for a Comprehensive Reformed Church: John Gauden and the Portrayal of Ralph Brownrigg by Stephen Hampton - 181 / Whose Common Grace? Exploring the Implications of Common Grace on an Analysis of the Effects of Globalization by Jessica Driesenga - 211 / Celebrating Relief from the Enemy: Discerning and Preaching Esther's Post-canonical Adversary by Arie C. Leder - 230 / Reading the Bible with Rembrandt: A Fresh Look at Bathsheba in 2 Samuel 11 by Amanda W. Benckhuysen - 247 / CALVIN BIBLIOGRAPHY 2015 …

Chewed Out: An Experimental Link Between Food Material Properties And Repetitive Loading Of The Masticatory Apparatus In Mammals, Matthew J. Ravosa, Jeremiah E. Scott, Kevin R. Mcabee, Anna J. Veit, Annika L. Fling

Publications

Using a model organism (rabbits) that resembles a number of mammalian herbivores in key aspects of its chewing behaviors, we examined how variation in dietary mechanical properties a ects food breakdown during mastication. Such data have implications for understanding phenotypic variation in the mammalian feeding apparatus, particularly with respect to linking jaw form to diet-induced repetitive loading. Results indicate that chewing frequency (chews/s) is independent of food properties, whereas chewing investment (chews/g) and chewing duration(s), which are proportional to repetitive loading of the jaws, are positively related to food sti ness and toughness. In comparisons of displacement-limited and stress-limited fragmentation …

Defining Peaceably: Policing The Line Between Constitutionally Protected Protest And Unlawful Speech, Tabatha Abu El-Haj

Missouri Law Review

The current wave of civil rights demonstrations in response to police killings began on August 9, 2014, after Darren Wilson, a white police officer, fatally shot Michael Brown, an unarmed African-American eighteen-year-old, in Ferguson, Missouri. Outraged by the incident and by the fact that the body was left on the street for four-and-a-half hours – an image that went viral on social media – members of the community took to the streets. They went out without securing the necessary permits and without visible connection to established local civil rights organizations. The mainstream media quickly framed the events in Ferguson as …

Reflections On Ferguson: What’S Wrong With Black People?, Chuck Henson

Missouri Law Review

After Officer Darren Wilson shot and killed Michael Brown on August 9, 2014, it seemed as if it was the summer of 1967 again. The same series of events that happened in Newark and Detroit in 1967 happened in Ferguson, Missouri, in 2014. A white man shot and killed a black man. The predominantly black population protested, rioted, and looted. The predominantly white police force was overwhelmed. The governor called out the National Guard and imposed a curfew. When these things happened in the summer of 1967, President Lyndon B. Johnson, by Executive Order 11365, established what would become known …

Setting The Stage For Ferguson: Housing Discrimination And Segregation In St. Louis, Rigel C. Oliveri

Missouri Law Review

The history of St. Louis is replete with discriminatory housing laws, policies, and practices: racially restrictive covenants, redlining, blockbusting and white flight, and exclusionary zoning. While these were common in virtually every part of the United States, they were particularly egregious, widespread, and pervasive in industrial Midwestern cities like Chicago, Detroit, and St. Louis – which saw a large influx of blacks migrating from the south at the close of the nineteenth century. In fact, three of the most foundational housing cases originated in St. Louis. When we look closely at these cases – not just the legal principles that …

Why Bias Challenges To Administrative Adjudication Should Succeed, Kent Barnett

Missouri Law Review

Administrative adjudication’s partiality problem is a worthy candidate to join these claims for three reasons. First, prohibiting administrative adjudicators’ partiality, unlike some other structural areas, does not require overruling prior decisions and relies heavily on the Court’s recent precedent. Second, partiality challenges fit comfortably within the Court’s penchant for formalism and prophylaxes in structural constitutional matters. Indeed, formalism is much more justified for partiality challenges than certain other structural issues and has a longer jurisprudential provenance. Finally, as compared to other proposed challenges to the administrative state, challenges based on administrative partiality are more likely to earn enough votes to …

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

Faculty Publications By Year

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Faculty Publications By Year

No abstract provided.

Investigating The Role Of Shape On The Biological Impact Of Gold Nanoparticles In Vitro, Furong Tian, Hugh Byrne, Joao Conde, Tobias Stoeger, Martin Clift,, Alan Casey, Pablo Del Pino, Beatriz Pelaz, Barbara Rothen-Rutishauser,, Giovani Estrada, Jesús De La Fuente

Articles

Aim: To investigate the influence of gold nanoparticle (GNP) geometry on the biochemical response of Calu-3 epithelial cells.

Materials and Methods: Spherical, triangular and hexagonal GNPs were used. The GNP-cell interaction was assessed via atomic absorption spectroscopy (AAS) and transmission electron microscopy (TEM). The biochemical impact of GNPs was determined over 72hrs at [0.0001-1mg/mL].

Results: At 1mg/mL, hexagonal GNPs reduced Calu-3 viability below 60%, showed increased reactive oxygen species production and higher expression of pro-apoptotic markers. A cell mass burden of 1:2:12 as well as number of GNPs per cell (2:1:3) was observed for spherical:triangular:hexagonal GNPs.

Conclusion:

These findings do …

Challenging The Randomness Of Panel Assignment In The Federal Courts Of Appeals, Marin K. Levy, Adam S. Chilton

Cornell Law Review

No abstract provided.

Peritumoral Tissue Compression Is Predictive Of Exudate Flux In A Rat Model Of Cerebral Tumor: An Mri Study In An Embedded Tumor, James R. Ewing, Tavarekere N. Nagaraja, Madhava P. Aryal, Kelly A. Keenan, Rasha Elmghirbi, Hassan Bagher-Ebadian, Swayamprava Panda, Mei Lu, Tom Mikkelsen, Glauber Cabral, Stephen L. Brown

Neurology Articles

MRI estimates of extracellular volume and tumor exudate flux in peritumoral tissue are demonstrated in an experimental model of cerebral tumor. Peritumoral extracellular volume predicted the tumor exudate flux. Eighteen RNU athymic rats were inoculated intracerebrally with U251MG tumor cells and studied with dynamic contrast enhanced MRI (DCE-MRI) approximately 18 days post implantation. Using a model selection paradigm and a novel application of Patlak and Logan plots to DCE-MRI data, the distribution volume (i.e. tissue porosity) in the leaky rim of the tumor and that in the tissue external to the rim (the outer rim) were estimated, as was the …

Research, Monitoring, Assessment And Development Plan 2015 – 2020, Department Of Fisheries

Fisheries Occasional Publications

No abstract provided.

Oncolog, Volume 60, Number 11 - 12, November - December 2015, Joe Munch, Bryan Tutt, C. Graber

OncoLog MD Anderson's Report to Physicians (All issues) Archives

• Multidisciplinary Treatment Maximizes Outcomes for malignant Tumors of the Anterior Skull Base: Malignant tumors of the anterior skull base occur in a delicate area but often need aggressive treatment. Determining the best course of therapy for patients with these tumors takes a multidisciplinary effort.
• Management of Eyelid and Conjunctival Tumors with Preservation of Slight, Function and Cosmesis: Tumors of the eyelid and extent of disease, and which treatments, if any, are needed after surgical excision depends on several factors, including the potential for metastasis.
• HOUSE CALL: "Other" Health Risks from Smoking-Besides cancer, tobacco causes many diseases.

Migrated Avalon Veno-Venous Extracorporeal Membrane Oxygenation Cannula: How To Adjust Without Interruption Of Flow., Daizo Tanaka, Harrsion T. Pitcher, Nicholas C. Cavarocchi, Hitoshi Hirose

Department of Surgery Faculty Papers

The Avalon dual lumen cannula is presently the cannula of choice for veno-venous extracorporeal membrane oxygenation (VV-ECMO) via right internal jugular cannulation. This cannula establishes VV-ECMO with a single cannulation; however, it requires appropriate positioning to gain adequate oxygenation. Malposition of this cannula can cause inadequate ECMO flow, hypoxia, and structural injury. We have experienced two cases of migration: one into the hepatic vein and the other into the right ventricle. The former was repositioned using echocardiographic guidance without using a guidewire. The latter was repositioned using a guidewire from the femoral vein under fluoroscopy, without antegrade wire placement into …

Purchase Of Loose Cigarettes By Adult Smokers In Philadelphia: Individual-Level Correlates And Neighborhood Characteristics, Russell K. Mcintire, Phd, Mph

College of Population Health Posters

Background

• Philadelphia has the highest adult smoking rate1 and the highest rate of tobacco retailers2 among the 10 largest U.S. cities.

• Governmental reports have identified high rates of illegal sale of cigarettes in Philadelphia2.

• Studies have found that a main source of cigarette use in low income communities is single (loose) cigarettes purchased at tobacco retailers or from unregulated street vendors3,4.

• While studies have shown that loose cigarette use is a problem among urban youth who reside in disadvantaged neighborhoods, less research has been performed among adults on this topic5,6, and no studies focus on Philadelphia. …

A Biblical And Theological Foundation For A Seventh-Day Adventist Practical Approach To Deliverance Ministry, Michée Badé

Journal of Adventist Mission Studies

No abstract provided.

Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker

Faculty Publications By Year

In this Essay, I challenge the conventional corporate law wisdom that unhappy mutual fund investors paying high fees don’t need litigation or regulation to protect their interests because they should simply exit a fund and reinvest elsewhere. The exit solution, advanced by Professors John Morley and Quinn Curtis in Taking Exit Rights Seriously provided an elegantly simply solution to the problem of unhappy indirect investors (e.g., mutual fund investors) given that they are often low-dollar, low-incentive, rationally-apathetic investors facing enormous information asymmetries and collective action problems. According to their view, competition produced by exit, or the threat of exit, is …

Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler

Faculty Publications By Year

No abstract provided.

Detection Of Acute Nervous System Injury With Advanced Diffusion-Weighted Mri: A Simulation And Sensitivity Analysis, Nathan P. Skinner, Shekar N. Kurpad, Brian D. Schmit, Matthew D. Budde

Biomedical Engineering Faculty Research and Publications

Diffusion-weighted imaging (DWI) is a powerful tool to investigate the microscopic structure of the central nervous system (CNS). Diffusion tensor imaging (DTI), a common model of the DWI signal, has a demonstrated sensitivity to detect microscopic changes as a result of injury or disease. However, DTI and other similar models have inherent limitations that reduce their specificity for certain pathological features, particularly in tissues with complex fiber arrangements. Methods such as double pulsed field gradient (dPFG) and q-vector magic angle spinning (qMAS) have been proposed to specifically probe the underlying microscopic anisotropy without interference from the macroscopic tissue organization. …

The Controversy Of Rising Drug Prices: The Public’S Views, R. J. Blendon, J. M. Benson, Caitlin L. Mcmurtry, J. M. Sayde

Brown School Faculty Publications

A new poll of adults in the United States by STAT and Harvard T.H. Chan School of Public Health finds that public concerns about the unreasonableness of brand-name prescription drug prices is fueling support for major governmental action to negotiate or set brand-name drug prices in the future.

The Heart Of Human Rights, Brian Kin Ting Ho

International Dialogue

Allen Buchanan’s book is an impressive addition to the contemporary philosophical discussions about human rights. It covers a wide range of topics, including the nature of justifications in human rights (chapters 2 and 3), the problems existing accounts face (chapter 2), a justificatory account of human rights as a system of international law (chapters 3 and 4), the nature of legitimacy-judgments in political philosophy (chapter 5), the supposed “supremacy” of international legal human rights (chapter 6), and ethical relativism and pluralism (chapter 7).

Achieving Optimal En Face Tissue Sections During Staged Lentigo Maligna Excisions: A Novel Technique, Ben J. Friedman, Jason D. Pimentel, David M. Ozog

Dermatology Articles

No abstract provided.