Digital Commons Network^™

Why Instrumentalism Matters, Kyron J. Huigens

Articles

Alon Harel argues that the acts of a public official acting with "fidelity of deference," are "necessary," "non-contingent," "intrinsic," "constitutive," integrative," "expressive," or "inherent" features of legal punishment. Accordingly, he calls his argument "noninstrumental." This can be taken as an argument for logical necessity, definition, extension, or modest or immodest conceptual necessity. Only the last interpretation fits Harel's text, but such an argument fails because instrumentality is necessarily present in any event in the natural world, including punishment. Harel does not say which aspects of natural instrumentality he means to exclude from his argument, or how, or why.

A Free Start: Community-Based Organizations As An Antidote To The Mass Incarceration Of Women Pretrial, Amber Baylor

Faculty Scholarship

In 1973, the feminist newsmagazine Off Our Backs featured a segment on women in jail awaiting trial in Washington, D.C. Many of the women faced minor charges, such as soliciting prostitution, but remained in detention because they could not afford to pay even very low amounts of monetary bail. The magazine interviewed Myrna Raeder, then a fellow at Georgetown, and other attorneys involved in a class action suit against D.C. corrections, who argued that low-income women were unjustly subjected to the punitive effects of pretrial detention, in violation of their due process rights. Raeder reported to the newsmagazine, “as a …

Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich

Articles

No abstract provided.

Influence Of Directional Loading On The Metabolic Demands Of Running In A Lower-Limb Positive Pressure Treadmill, Brendan J. Rickert, Beau K. Greer, Matthew F. Moran

Exercise Science Faculty Publications

No previous scientific investigation has studied the influence of either increasing or decreasing levels of body weight (BW) support on oxygen consumption (VO2) while running in reduced BW conditions via a differential air pressure (DAP) treadmill. Moran et al. found rate of perceived exertion to be higher at the same BW conditions when moving from high BW support to low BW support but did not quantify the findings with VO2. PURPOSE: The purpose of this study was to both define the physiological changes, if any and perceived efforts, if any, between unloading and loading subjects on DAP treadmill to define …

Adamts-4 And Adamts-5 Expression In Human Temporomandibular Joint Discs With Internal Derangement, Correlates With Degeneration, Rosalia Leonardi, Salvatore Crimi, Luis Eduardo Almeida, Giuseppe Pannone, Giuseppe Musumeci, Sergio Castorina, Mugurel Constantin Rusu, Carla Loreto

School of Dentistry Faculty Research and Publications

Temporomandibular joint (TMJ) internal derangement (ID) is one of the most common form of temporomandibular disorders. There is evidence showing the increased expression of matrix metalloproteinases (MMPs) in the cells from degenerated TMJ disc. ADAMTS are a large family of metalloproteases which are responsible for proteoglycans degradation. The present study aimed to evaluate ADAMTS-4 and ADAMTS-5 immunohistochemical expression in human TMJ discs from patients affected by ID, and to find out if there is any correlation with the degree of histopathological changes. Eighteen temporomandibular displaced disc specimens and sixteen TMJ disc control were used for the present study. Specimens were …

Exploring The Meaning Of Cohabitation: A Relationship Dialectics Perspective, Lindsey J. Thomas, Kristina M. Scharp

Iowa Journal of Communication

This study employed relational dialectics theory to investigate what cohabitation means to cohabiters. Cohabitation is an ambiguous relationship state (e.g., perceived as "more than dating" but "less than marriage") associated with negative outcomes. Scholars have empirically investigated cohabitation; however, little research explores what cohabitation means using a qualitative approach. Exploring the meaning of cohabitation can illuminate perceptions that might coincide with negative outcomes. Framed by Relational Dialectics Theory, a contrapuntal analysis of cohabiters' online stories (n=27) revealed three counter-discourses: Narratives of Cohabitation as a Normal Relationship, Cohabitation as an Easy Relationship, and Cohabitation as a Worthwhile Struggle. Each counter-discourse resisted …

Smartphones And Their Effects On Family Cohesion, Elizabeth Carman, Raegan Zetterlund, Jake Mollman

Iowa Journal of Communication

The increasing prevalence of technologies has led to much research assessing the effects technologies have on the family. This study specifically examines the effects of smartphones on family cohesion and communication by conducting semi-structured interviews. The findings reveal a tension between utopian and dystopian effects of smartphones. Although smartphones amplify familial cohesion by facilitating interactions and assisting in problem-solving among family members, these devices also negatively affect cohesion through distraction, individualization, and annoyance.

Southeast Polk High School's Suicide Culture: Analysis Of Communication And Community Resilience Strategies, Molly D. Wells

Iowa Journal of Communication

This paper analyzes the response to the outbreak of student suicides at Southeast Polk High School in Pleasant Hill, Iowa, during the 2008-09 school year, by applying the theoretical framework of the communication and community resilience approach to crisis management. The key strategies of the communication and resilience framework were applied to assess the efforts of the school district to adapt and build resilience. It was identified that the school district succeeded in implementing two out of the five recommended strategies. The framework highlighted the need to consider suicide as a crisis and to employ all the strategies in order …

Investigation Of Force Decay In Aesthetic, Fibre-Reinforced Composite Orthodontic Archwires, Jacob E. Spendlove, David W. Berzins, Jessica E. Pruszynski, Richard W. Ballard

School of Dentistry Faculty Research and Publications

Background/Objectives: Because polymer-based materials typically exhibit viscoelastic properties, the objective was to determine if commercially available, aesthetic, fibre-reinforced composite archwires maintain continuous forces without undergoing force decay when deflected continuously.

Materials/Methods: Quasi force decay was evaluated by comparing three-point bending profiles of nickel–titanium (NiTi) and fibre-reinforced composite archwires (BioMers) prior to and after 30 days of continuous deflection of either 1 or 2mm. Paired t-tests or non-parametric signed rank tests were used to statistically compare pre- and post-deflection bending forces. A control group consisting of wires not subject to the 30-day constant deflection was tested to check whether the initial …

Morphologic Outcome Of Bimaxillary Surgery–An Anthropometric Appraisal, Gregor F. Raschke, Ulrich M. Rieger, Andre Peisker, Gabriel Djedovic, Marta Gomez-Dammeier, Arndt Guentsch, Oliver Schaefer, Stefan Schultze-Mosgau

School of Dentistry Faculty Research and Publications

Objectives: To adequately perform orthognathic surgery procedures, it is from basic interest to understand the morphologic changes caused by orthognathic surgery. Anthropometric analyses of standardized frontal view and profile photographs could help to investigate and understand such changes. Study Design: We present a pre- to postoperative evaluation of orthognathic surgery results based on anthropometric indices described by Farkas and cephalometric measurements. 30 Class III patients undergoing maxillary advancement by Le Fort I Osteotomy and mandibular setback by bilateral sagittal split osteotomy were evaluated. Preoperative as well as three and nine months postoperative lateral cephalograms as well as standardized frontal view …

Biodiversity And Ecosystem Function And The Design Of Tallgrass Restorations For Biomass Production, Dustin Robert Jon Graham

Dissertations and Theses @ UNI

Biodiversity and ecosystem function research (BEF) suggests species richness may provide high levels of ecosystem functions. However, few studies have applied a BEF perspective of restoration, which utilizes biodiversity to achieve increases in ecosystem functions. In this study, we test the application of the BEF perspective of restoration in the design of tallgrass prairie plantings as a biomass crops. Specifically, we examine the effects of planted species richness on biomass production, resistance to disturbance, and resistance to invasion by weeds.

Four seed mixes which range in species richness (1, 5, 16 and 32 species) were established in four, field-scale (0.33-0.55 …

Butterfly And Floral Community Dynamics At A Native Prairie Agrofuel Research Site, Benjamin J. Hoksch

Dissertations and Theses @ UNI

Agrofuel production in the Midwest has historically relied upon monoculture food crops (Zea mays and Glycine max) that do little to support biodiversity or maintain soil and water quality. The University of Northern Iowa’s Tallgrass Prairie Center is investigating the feasibility of establishing and harvesting diverse mixes of native prairie vegetation for use as a sustainable agrofuel. In 2009 48 research plots were established on three soil types, on land with a >30 year history of row crop production in Black Hawk County, IA. Each plot was seeded with one of four native prairie agrofuel crops: (1) Switchgrass1, (2) Grasses5 …

A Comparison Of The Effects Of Burning, Haying And Mowing On Plants And Small Mammals In A Tallgrass Prairie Reconstruction, Ryan Allan Neuhaus

Dissertations and Theses @ UNI

Fire is an effective management tool for reconstructed prairies. However, due to safety concerns, road departments and other prairie managers are sometimes reluctant to use fire. Therefore, alternative techniques to manage reconstructed prairie, such as mowing or haying, need to be considered. The goal of this study is to determine if mowing and/or haying can be used to manage vegetation in lieu of fire for prairie reconstructions. This study examines the effects of four management techniques on plant and small mammal species in a tallgrass prairie reconstruction. No management, mowing, haying, and burning were replicated six times using a split …

Multi-Surface Simplex Spine Segmentation For Spine Surgery Simulation And Planning, Rabia Haq

Computational Modeling & Simulation Engineering Theses & Dissertations

This research proposes to develop a knowledge-based multi-surface simplex deformable model for segmentation of healthy as well as pathological lumbar spine data. It aims to provide a more accurate and robust segmentation scheme for identification of intervertebral disc pathologies to assist with spine surgery planning. A robust technique that combines multi-surface and shape statistics-aware variants of the deformable simplex model is presented. Statistical shape variation within the dataset has been captured by application of principal component analysis and incorporated during the segmentation process to refine results. In the case where shape statistics hinder detection of the pathological region, user-assistance is …

The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa

Faculty Scholarship

Some Fourth Amendment doctrines distinguish between searches executed by police and others, being more demanding of the former. We explore these distinctions by offering a simple theory for how "police are different," focusing on self-selection. Those most attracted to the job of policing include those who feel the most intrinsic satisfaction from facilitating the punishment of wrongdoers. Thus, we expect police to have more intensely punitive preferences, on average, than the public or other governmental actors. Some experimental evidence supports this prediction. In turn, stronger punishment preferences logically lower one's threshold of doubt --the perceived probability of guilt at which …

Ftc V. Actavis: The Patent-Antitrust Intersection Revisited, Glynn S. Lunney Jr

Faculty Scholarship

In FTC v. Actavis, the Supreme Court determined that courts should apply a rule of reason analysis to determine whether using a reverse payment settlement to resolve pharmaceutical patent litigation violates the antitrust laws. Essentially unique to pharmaceutical-patent litigation, a reverse payment settlement involves a payment from the patent-holder to generic challengers in return for the generics dropping their challenge to the patent(s) at issue and agreeing to remain out of the market. Such a settlement agreement enables the patent-holder to maintain exclusivity in the relevant market and to keep prices of the associated pharmaceutical higher than they would …

Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes

Faculty Scholarship

In a typical construction project, an owner contracts with a general contractor to construct improvements or make repairs to real property. The owner agrees to pay a total contract price for the work. Often, the general contractor then contracts with subcontractors, laborers, materialmen, and other suppliers to do aspects of the job. These are part of the contractor’s costs to do the work for owner, and the expectation is that the contractor will pay his subcontractors and laborers from the money received from the owner. All too frequently, unfortunately, contractors receive the payment from the owner and then do not …

Regulating Pot To Save The Polar Bear: Energy And Climate Impacts Of The Marijuana Industry, Gina S. Warren

Faculty Scholarship

It goes by many names: cannabis, marijuana, pot, chronic, grass, reefer, shwag, Mary Jane. Whatever the name, the trend is clear: the weed is legal but the herb ain’t green. Nearly half of all U.S. states have enacted—or have pending— legislation to legalize, decriminalize, or in some way permit the use and cultivation of marijuana. As a result, marijuana has become a significant topic of conversation in the U.S.— especially in the areas of social policy and criminal law. One conversation yet to reach fruition, however, is the industry’s projected impacts on energy demand and the climate. As the industry …

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Faculty Scholarship

Decades after passage of the historic Voting Rights Act, so much has changed. And yet, so much remains the same.

Racial minorities are registering to vote and turning out at the ballot box in record numbers. However, they remain under-represented in local elected positions and virtually excluded from national and state political office. Latinos, for example, are the largest racial minority in the U.S. at approximately 17% of the population, but only 3.3% of elected offices are held by Latinos. In states that until recently were covered by the Voting Rights Act (VRA), such as Texas, Alabama, Mississippi, and Louisiana, …

The Unconstitutional Use Of Restraints In Removal Proceedings, Fatma E. Marouf

Faculty Scholarship

Although ICE's shackling practices vary across the country, in at least some jurisdictions ICE has exercised its authority under the 1988 Memorandum to indiscriminately shackle all detainees. The exact extent of this practice is unknown, but recent litigation suggests that it is not uncommon. In fact, such litigation indicates that ICE has indiscriminately shackled detainees even in courtrooms located outside of detention facilities, such as the San Francisco Immigration Court. Consequently, detained noncitizens frequently appear in immigration court looking like criminals, wearing orange jumpsuits, handcuffs, leg irons, and belly chains, even though there has been no individualized determination that they …

Learning Shakespeare Shouldn't Hurt: An Engaging 4-Week Othello Curriculum For 9th Graders, Amelia Kucic , '16

Senior Theses, Projects, and Awards

Shakespearean literature is an essential component of American literature and cultural consciousness, discusses material that is highly relevant to modern adolescents, and presents an ideal platform for creative learning across multiple intelligences. However, intimidated students are often reluctant to engage with this material. This Othello curriculum draws on progressive educational theory, strategies for teaching literacy to English Language Learners and Special Education students, and existing creative methods of teaching Shakespeare to circumvent this intimidation and engage 9th graders with Othello through the exploration of relevant themes, utilization of students' natural propensity for creative expression, and development of traditional English literacy …

Cellulose Synthase (Cesa) Gene Expression Profiling Of Physcomitrella Patens, Mai L. Tran, Alison Roberts

Biological Sciences Faculty Publications

The Cellulose Synthase (CESA) gene family of seed plants comprises six clades that encode isoforms with conserved expression patterns and distinct functions in cellulose synthesis complex (CSC) formation and primary and secondary cell wall synthesis. In mosses, which have rosette CSCs like those of seed plants but lack lignified secondary cell walls, the CESA gene family diversified independently and includes no members of the six functionally distinct seed plant clades. There are seven CESA isoforms encoded in the genome of the moss Physcomitrella patens. However, only PpCESA5 has been characterized functionally and little information is available on the expression …

Three Essays On Shellfish Management In Rhode Island, Pratheesh Omana Sudhakaran

Open Access Dissertations

Shellfish resources are the main fishery resources commercially harvested and cultured in Rhode Island. Wild shellfish management in Rhode Island is undertaken by the RI Department of Environmental Management (DEM) aiming to achieve, among other objectives, conserving naturally occurring shellfish populations in RI waters and managing public health outcomes due to, water quality issues. However, for any management scheme or regulation to be effective, policy must recognize the economic forces at work when evaluating proposed intervention or regulation of shellfishing. Regulations would influence the harvesters’ behavior through the change in the harvested quantity or market price of the product and …

Three Essays On Co-Management In A Fishery, Mihoko Tegawa

Open Access Dissertations

Co-management has been recognized as an important scheme in successfully governing common-pool resources (Ostrom, 1990, 2002). Contrary to Hardin’s Tragedy of the Commons (1968) or Olson’s Logic of Collective Action (1965), empirical research has found many long-lasting self-governing communities through extensive case studies (Baland & Platteau, 1996; Ostrom, 1990; Wade, 1989). This is no exception in fishery (Pinkerton, 1994). Fishery cooperatives, where fishermen collectively manage the fishery, have been garnering much attention from both regulators and academics (Costello, 2012; Deacon, 2012; Townsend, Shotton, & Uchida, 2008). In fact, Northeast multispecies groundfish fishery in US has implemented a sector management system, …

Fair Fishing Human Rights And Sustainability In Bilateral Fishing Agreements Between The Eu And Developing Countries, Anna S. Antonova

Open Access Master's Theses

This project investigates bilateral fishing agreements between the European Union and developing states in order to assess the extent to which these agreements are as successful at implementing international law principles as European Union officials have claimed they are. Over the past two decades, European Union rhetoric has communicated an intent to take on a normative power role in advancing human rights and sustainable development approaches in the context of global fisheries policy. Officials have propagated an image of a “new Europe,” conscientious of its colonizing heritage, committed to promoting good maritime governance, and ensuring responsible fishing worldwide as part …

A General Equilibrium Theory Of Contracts In Community Supported Agriculture, Thomas W. Sproul, Jaclyn D. Kropp

Environmental and Natural Resource Economics Faculty Publications

Community Supported Agriculture (CSA) contracts allow consumers to buy claims on a farm's future production. In turn, the consumer provides working capital to the farm during the growing season. CSA contracts also provide risk management for farmers with limited access to Federal crop insurance by transferring part of the farm's risk to the consumer. We derive a theory of CSA contract pricing for the two most prevalent types of CSA contracts: yield contracts, in which consumers receive a percentage of the farm's production, and weight contracts, in which consumers receive fixed quantities. We develop a two-period model in which expected …

The Recreational Use Of Provincetown Harbor And Attitudes Towards Shellfish Aquaculture, Daniel Maggio

Open Access Master's Theses

Aquaculture refers to the breeding, rearing, and harvesting of plants and animals in all types of water environments including ponds, rivers, lakes, and the ocean (NOAA, 2014). In the United States shellfish aquaculture of mollusks experienced significant economic growth from 2005-2013. In 2005 the mollusk shellfish aquaculture industry was worth approximately $203,183,000, which grew to $328,567,000 in 2013 (USDA;NASS, 2013). In Provincetown, Massachusetts the interest of growth and development of shellfish aquaculture from local fishermen and town officials is increasing (Wisbauer, 2015).

Surveys were administered to four categories of users, as defined by the town's definitions: residents, non-residents, occupants, and …

An Economic Analysis Of Food Safety And Public Health: Milk Pasteurization In The United States, Huiqiang Wang

Open Access Dissertations

My dissertation is a comprehensive economic history study to the public health impacts of milk pasteurization in the United States. It has four major focuses which are included into four chapters. Chapter I is a case study to the public health impact of Chicago’s pasteurization ordinance. This study sets up the causal relationship between milk pasteurization and health outcomes. Chapter II extends the new econometric tool, the synthetic control methods, from a single unit to multiple treated units. This chapter also measures the impacts of pasteurization ordinances in a group of cities. Chapter III is written from an econometric perspective. …

The Supreme Court And The Transformation Of Juvenile Sentencing, Elizabeth S. Scott, Thomas Grisso, Marsha Levick, Laurence Steinberg

Faculty Scholarship

In the past decade, the Supreme Court has transformed the constitutional landscape of juvenile crime regulation. In three strongly worded opinions, the Court held that imposing harsh criminal sentences on juvenile offenders violates the Eighth Amendment prohibition against cruel and unusual punishment. In combination, these cases create a special status for juveniles under Eighth Amendment doctrine as a category of offenders whose culpability is mitigated by their youth and immaturity, even for the most serious offenses. The Court also emphasized that juveniles are more likely to reform than adult offenders, and that most should be given a meaningful opportunity to …

Front Matter - Table Of Contents

Iowa Journal of Communication

No abstract provided.