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The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green

Articles

Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional morality to criminal judgments—and the formal rule of law of the state. My central intent is to pose questions …

The Ada And The Supreme Court: A Mixed Record, Samuel R. Bagenstos

Articles

According to conventional wisdom, the Supreme Court has resisted the Americans with Disabilities Act (ADA) at every turn. The Court, the story goes, has read the statute extremely narrowly and, as a result, stripped away key protections that Congress intended to provide. Its departure from congressional intent, indeed, was so extreme that Congress passed a statute that overturned several key decisions and codified broad statutory protections. That statute, the ADA Amendments Act of 2008 (ADAAA). passed with widespread bipartisan support, and President George W. Bush signed it into law. The conventional wisdom leaves out a major part of the story. …

Who Invented The Single Tax Principle?: An Essay On The History Of Us Treaty Policy, Reuven S. Avi-Yonah

Articles

In 1997, I wrote an article on the international tax challenges posed by the then-nascent electronic commerce, in which I suggested that the international tax regime is based on two principles: the benefits principle and the single tax principle. The benefits principle states that active (business) income should be taxed primarily by the country of source, and passive (investment) income should be taxed primarily by the country of residence. This is the famous compromise reached by the four economists at the foundation of the regime in 1923 and is not particularly controversial. It is embodied in every one of the …

Taking Public Access To The Law Seriously: The Problem Of Private Control Over The Availability Of Federal Standards, Nina A. Mendelson

Articles

In the 1930s, Harvard professor Erwin Griswold famously complained about the enormous numbers of New Deal regulations that were obscurely published on individual sheets or in “separate paper pamphlets.” Finding these binding federal rules was difficult, leading to “chaos” and an “intolerable” situation. Congress responded, requiring that agencies publish all rules in the Federal Register and in the Code of Federal Regulations (CFR). Currently, recent federal public laws, the entire U.S. Code, the Federal Register, and the CFR are all freely available online as well as in governmental depository libraries. But with respect to thousands of federal regulations, the clock …

Legal Institutionalism: Capitalism And The Constitutive Role Of Law, Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang, Katharina Pistor

Faculty Scholarship

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part …

C3d Adjuvant Effects Are Mediated Through The Activation Of C3d-Specific Autoreactive T Cells, Anne S. De Groot, Ted M. Ross, Lauren Levitz, Timothy J. Messitt, Ryan Tassone, Christine M. Boyle, Amber J. Vincelli, Leonard Moise, William Martin, Paul M. Knopf

Institute for Immunology and Informatics Faculty Publications

Complement fragment C3d covalently attached to antigens enhances immune responses, particularly for antigens lacking T cell epitopes. Enhancement has been attributed to receptor cross-linking between complement receptor CR2 (CD21) and polysaccharide antigen to surface IgM on naïve B cells. Paradoxically, C3d has still been shown to increase immune responses in CD21 KO mice, suggesting that an auxiliary activation pathway exists. In prior studies, we demonstrated the CD21-independent C3d adjuvant effect might be due to T cell recognition of C3d T helper epitopes processed and presented by MHC class II on the B cell surface. C3d peptide sequences containing concentrated clusters …

Ivax: An Integrated Toolkit For The Selection And Optimization Of Antigens And The Design Of Epitope-Driven Vaccines, Leonard Moise, Andres H. Gutierrez, Farzana Kibria, Rebecca Martin, Ryan Tassone, Rui Liu, Francis Terry, William Martin, Anne S. De Groot

Institute for Immunology and Informatics Faculty Publications

Computational vaccine design, also known as computational vaccinology, encompasses epitope mapping, antigen selection and immunogen design using computational tools. The iVAX toolkit is an integrated set of tools that has been in development since 1998 by De Groot and Martin. It comprises a suite of immunoinformatics algorithms for triaging candidate antigens, selecting immunogenic and conserved T cell epitopes, eliminating regulatory T cell epitopes, and optimizing antigens for immunogenicity and protection against disease. iVAX has been applied to vaccine development programs for emerging infectious diseases, cancer antigens and biodefense targets. Several iVAX vaccine design projects have had success in pre-clinical studies …

A Plasmid-Based Reporter System For Live Cell Imaging Of Dengue Infected Cells, Carey L. Medin, Sierra Valois, Chinmay G. Patkar, Alan Rothman

Institute for Immunology and Informatics Faculty Publications

Cell culture models are used widely to study the effects of dengue virus (DENV) on host cell function. Current methods of identification of cells infected with an unmodified DENV requires fixation and permeablization of cells to allow DENV-specific antibody staining. This method does not permit imaging of viable cells over time. In this report, a plasmid-based reporter was developed to allow non-destructive identification of DENV-infected cells. The plasmid-based reporter was demonstrated to be broadly applicable to the four DENV serotypes, including low-passaged strains, and was specifically cleaved by the viral protease with minimal interference on viral production. This study reveals …

Rules Of Thumb For Intercreditor Agreements, Edward R. Morrison

Faculty Scholarship

Intercreditor agreements frequently restrict the extent to which subordinated creditors can participate in the bankruptcy process by, for example, contesting liens of senior lenders, objecting to a cash collateral motion, or even exercising the right to vote on a plan of reorganization. Because intercreditor agreements can reorder the bargaining environment in bankruptcy, some judges have been unsure about their enforceability. Other judges have not hesitated to enforce the agreements, at least when they do not restrict the voting rights of subordinated creditors. This essay argues that intercreditor agreements are controversial because they pose a trade-off: they reduce bargaining costs (by …

Judicial Priorities, Bert I. Huang, Tejas N. Narechania

Faculty Scholarship

In an unprecedented move, the Illinois Supreme Court in the mid-1990s imposed hard caps on the state's appeals courts, drastically reducing the number of opinions they could publish, while also narrowing the formal criteria for opinions to qualify for publication. The high court explained that the amendment's purpose was to reduce the "avalanche of opinions emanating from [the] Appellate Court," which was causing legal research to become "unnecessarily burdensome, difficult and costly." This unusual and sudden policy shift offers the chance to observe the priorities of a common law court in its production of published opinions. The method we introduce …

Obergefell At The Intersection Of Civil Rights And Social Movements, Suzanne B. Goldberg

Faculty Scholarship

A judicial decision striking down formalized discrimination marks a crucial moment for those it affects and, in some instances, for the surrounding society as well. The Supreme Court’s ruling in Obergefell v. Hodges was unquestionably one of those instances.

This essay considers the distinct ways in which the civil rights and social movements for marriage equality gave rise to this durable socio-political transformation. While some scholarship is skeptical about whether rights-focused advocacy can bring meaningful change to people’s day-to-day lives, I argue that the marriage equality movements demonstrate a synergistic relationship between law reform and social change efforts. During the …

The Rites Of Dissent: Notes On Nationalist Federalism, Jessica Bulman-Pozen

Faculty Scholarship

Responding to Heather K. Gerken’s Childress Lecture, Federalism and Nationalism: Time for a Détente?

In this response, I consider how the nationalist school of federalism reconceptualizes nationalism, and not only federalism. Taking as my starting point Gerken’s claim that federalism can be good for nationalism, that nationalists should “believe in giving power to the states,” I first outline two possible understandings of nationalism suggested by this claim — that “national” refers to the federal government, and that “national” refers to a unified American polity — and explain what it would mean for federalism to serve nationalism so understood. After rejecting …

All Fortune Is Good Fortune: The Role Of Fortuna In A Monotheistic Literary World, Kimberly Bridgewater

Dissertations and Theses @ UNI

The goddess Fortuna, who ruled over chance and the giving of worldly gifts was a pagan deity who survived through the conversion of Christianity in Europe. Her survival and inclusion in Medieval literature caused conflicts with the Christian religion, especially in relation to beliefs in free will and God’s Providence. Now, twenty-first century scholars are still attempting to figure out how the role of free will can co-exist with Fortuna, especially in regard to the works of Geoffrey Chaucer, Guillaume de Lorris and Jean de Meun, who render Fortuna as a dominant entity in the lives of their Christian characters. …

A Technical Method For The High School String Classroom: Priorities And Presentation Of Essential Skills, Nicole Elizabeth Cody

Dissertations and Theses @ UNI

This thesis and its accompanying appendices synthesize pedagogical information from classroom method books, classroom pedagogy texts and individual instrument methods presenting new manuals for technique acquisition on violin, viola, cello and double bass in the secondary orchestra classroom. After reviewing the literature, the following categories were determined to be most important for this level of student: 1) Finger Patterns/Tetrachord Exercises, 2) Scales, 3) Bowing, 4) Shifting, 5) Position Etudes and 6) Chorales/Tonal Development. This paper focuses on these categories reporting on how different texts teach the various skills and creating a guide that encourages both a vertical and horizontal understanding …

Endovascular Repair Of Ruptured Pseudoaneurysm Of Left Internal Mammary Graft Following Redo Aortic Valve Replacement And Coronary Artery Bypass Grafting., Sanjeev U. Nair Md, Nainesh C. Patel Md, David A. Cox Md

Department of Medicine

No abstract provided.

Quasi-Subjectivity And Ethics In Non-Modernity, Justin T. Simpson

UNF Graduate Theses and Dissertations

The inspiration behind this philosophical endeavor is an ethical one: interested in what it means to flourish as a human being – how to live well and authentically. Similar to medicine and how the ability to prescribe the appropriate treatment depends on first making a diagnosis, the focus of this work will to be understand the human condition and the ways in which subjectivity, one’s sense of self, is constituted. Given the general dissatisfaction with the modern metaphysical picture of the world, which analyzes the world in terms of the mutually exclusive and completely separate categories of nature/objects and society/subjects, …

Campus Planners' Preferences For Residence Hall Project Delivery Methods, Paul E. Riel

UNF Graduate Theses and Dissertations

This research determined the preferred project delivery method utilized by campus planners when building student housing on a university campus. Four key performance indicators were also evaluated to determine if they influenced the campus planner to select a particular project delivery method. The four key performance indicators were: owner input, cost, safety, and on-time completion. Campus planners identified though the Society for Campus and University Planners (SCUP), were invited to participate in this survey research method. Five research questions were explored in this study. They were:

1. What is the preferred project delivery method (PDM) when building a residence hall …

Is What Is Past Always Prologue? Priming To Past Conflicts And Fear Of Terrorism Influence Americans’ Support For Military Intervention In Syria, Daniel Walter Snook Ii

UNF Graduate Theses and Dissertations

Implicit knowledge influences decision-making in a variety of areas, including conflict resolution and decisions about war. Individuals may unknowingly apply implicit knowledge from past experiences to present experiences, even if that information leads to less accurate decisions in the present experience. The current study is an exploration into how implicit knowledge of past international conflicts and fear of terrorism affects recommendations for military conflict resolution in current international conflicts. Priming is one way to make implicit knowledge salient, and participants in this study were implicitly primed to think of either the Iraq War, World War II, or no war in …

Time Series Similarity Search In Distributed Key-Value Data Stores Using R-Trees, Aleksey Charapko

UNF Graduate Theses and Dissertations

Time series data are sequences of data points collected at certain time intervals. The advance in mobile and sensor technologies has led to rapid growth in the available amount of time series data. The ability to search large time series data sets can be extremely useful in many applications. In healthcare, a system monitoring vital signals can perform a search against the past data and identify possible health threatening conditions. In engineering, a system can analyze performances of complicated equipment and identify possible failure situations or needs of maintenance based on historical data.

Existing search methods for time series data …

Effects Of The Deepwater Horizon Oil Spill On Deep Sea Fishes, Arianne Ella Leary

UNF Graduate Theses and Dissertations

The Deepwater Horizon Oil Spill (DWH) released about 4.4 million barrels of crude oil into the Gulf of Mexico (GOM), making it one of the largest oil spills in U.S. history. Additionally, the depth of the spill (i.e., 1500 meters) created a unique research opportunity because most oil spills occur at the surface and affect coastal rather than deepwater habitats. Polycyclic aromatic hydrocarbons (PAHs) are the most toxic components of oil, and are often the focus of oil exposure studies. PAHs are quickly metabolized by vertebrates; therefore, indicators of biological responses to PAH exposure (PAH “biomarkers”) such as the levels …

Hadoop Based Data Intensive Computation On Iaas Cloud Platforms, Sruthi Vijayakumar

UNF Graduate Theses and Dissertations

Cloud computing is a relatively new form of computing which uses virtualized resources. It is dynamically scalable and is often provided as pay for use service over the Internet or Intranet or both. With increasing demand for data storage in the cloud, the study of data-intensive applications is becoming a primary focus. Data intensive applications are those which involve high CPU usage, processing large volumes of data typically in size of hundreds of gigabytes, terabytes or petabytes. The research in this thesis is focused on the Amazon’s Elastic Cloud Compute (EC2) and Amazon Elastic Map Reduce (EMR) using HiBench Hadoop …

Numerical Modeling And Analysis Of Tidal Variance And Marsh Productivity In The Guana Tolomato Matanzas National Estuarine Research Reserve, Florida, Amanda S. Tritinger

UNF Graduate Theses and Dissertations

Long term sustainability in salt marsh and mangroves is dependent on dominant species, such as Spartina alterniflora, to capture organic and inorganic sediment. The research analyzes that sustainability. This work demonstrates the prediction of hydrodynamics and biomass density of salt marsh to provide useful information for the planning and mitigation of sea-level rise impacts on marsh sustainability in the Guana Tolomato Matanzas National Estuarine Research Reserve (GTMNERR), Florida. An advanced circulation code was applied to simulate hydrodynamics (i.e., shallow water equations) in the GTMNERR. The model used a set of parameters and conditions based on the GTMNERR domain to predict …

A Targeted Denial Of Service Attack On Data Caching Networks, Jeffrey B. Gouge

UNF Graduate Theses and Dissertations

With the rise of data exchange over the Internet, information-centric networks have become a popular research topic in computing. One major research topic on Information Centric Networks (ICN) is the use of data caching to increase network performance. However, research in the security concerns of data caching networks is lacking. One example of a data caching network can be seen using a Mobile Ad Hoc Network (MANET).

Recently, a study has shown that it is possible to infer military activity through cache behavior which is used as a basis for a formulated denial of service attack (DoS) that can be …

Characterization Of A Biosynthetic Pathway Yielding Anticancer Natural Products From A Marine Bacterium, Elle D. James

UNF Graduate Theses and Dissertations

Natural products are bioactive secondary metabolites produced by living organisms and are prevalently utilized as pharmaceutical drugs. Marine adapted organisms are a promising source of new natural products possessing unique chemical structures and biological activities. By studying the biosynthetic pathways employed by living organisms to produce natural products, insights into new strategies to generate molecules to combat disease and overcome drug resistance may be gained. This thesis study aimed to uncover the biosynthetic pathway employed by a marine actinomycete, Nocardiopsis sp. CMB-M0232, to catalyze the assembly of the nocardioazines. These molecules are a group of 2,5-diketopiperazine natural products that feature …

Autonomous Small Scale Data-Logger For Temperature Mapping, Ahmed Gamal Eldin Tawfik

UNF Graduate Theses and Dissertations

Modern manufacturing processes require minimal human intervention and a high degree of automation to meet industry demands. Due to variability in industrial process conditions, custom systems are often sought for these applications. These systems must be compact, economical, and capable of operating under different environmental conditions. This work presents the development, fabrication, testing, and validation of a low cost small scale temperature data-logger used as a monitoring system for automated applications. The proposed system is battery powered and packaged in a manner able to operate in temperatures up to 100^oC, with exposure to chemicals such as Isopropyl Alcohol, …

Towards Designing Energy-Efficient Secure Hashes, Priyanka Dhoopa Harish

UNF Graduate Theses and Dissertations

In computer security, cryptographic algorithms and protocols are required to ensure security of data and applications. This research investigates techniques to reduce the energy consumed by cryptographic hash functions. The specific hash functions considered are Message Digest-2 (MD2), Message Digest-5 (MD5), Secure Hash Algorithm-1 (SHA-1) and Secure Hash Algorithm-2 (SHA-2).

The discussion around energy conservation in handheld devices like laptops and mobile devices is gaining momentum. Research has been done at the hardware and operating system levels to reduce the energy consumed by these devices. However, research on conserving energy at the application level is a new approach. This research …

The Development Of A Hydrodynamics-Based Storm Severity Index, Gabriel Francis Todaro

UNF Graduate Theses and Dissertations

A hydrodynamic-based storm severity scale that ranks the damage potential of a storm at a given coastal area is developed. Seventeen tropical and extratropical storm events at 113 different locations on the Atlantic coast and the Gulf of Mexico are examined in order to create and verify a Storm Severity Index Model (SSIM). The results from the SSIM are then used to create a location-based storm severity scale titled the Twenty-Four Point Storm Severity Scale. The Twenty-Four Point Scale is based on three subsets of factors. The first is the energy flux above the normal mean high water line that …

The Difference Principle In Rawls: Pragmatic Or Infertile?, Farzaneh Esmaeili

UNF Graduate Theses and Dissertations

This thesis attempts to provide a coherent view of the idea of ‘justice as fairness’ and, in particular, the ‘difference principle’ expressed by John Rawls in A Theory of Justice. The main focus of the thesis is the difference principle and its limits. Rawls’s conception of ‘justice as fairness’ is based on the thought experiment of the ‘original position’ in which people, considered as free and equal, deliberate under an imagined ‘veil of ignorance,’ i.e. not knowing which social roles or status they would occupy in their society. Rawls then argues that in the original position people come up with …

Comparing Group Means When Nonresponse Rates Differ, Gabriela M. Stegmann

UNF Graduate Theses and Dissertations

Missing data bias results if adjustments are not made accordingly. This thesis addresses this issue by exploring a scenario where data is missing at random depending on a covariate x. Four methods for comparing groups while adjusting for missingness are explored by conducting simulations: independent samples t-test with predicted mean stratification, independent samples t-test with response propensity stratification, independent samples t-test with response propensity weighting, and an analysis of covariance. Results show that independent samples t-test with response propensity weighting and analysis of covariance can appropriately adjust for bias. ANCOVA is the stronger method when …

Persistence In Commodity Etf Performance, Binghui Li

Research Papers

Commodities ETFs have became popular investments since first introduced in the market. This type of funds provide investors a simple way to gain exposure to commodities, and these types of funds are considered as an asset class to diversify investment portfolios and as a hedge against economic recessions. With more capital invested in commodities ETFs by investors, argument about the efficiency in commodity ETF market are heated debate by economists. This paper developed a reasonable method to explore persistence in commodity ETFs. 30 commodities ETFs, which ranked high in terms of large assets, are selected during the period of 2008 …