Digital Commons Network^™

A Hedgehog's Unity Of Value, Joseph Raz

Faculty Scholarship

The paper examines various interpretations of Dworkin’s thesis of the Unity of Value, as expressed and defended in his book Justice for Hedgehogs. Dworkin’s arguments for various aspects of his unity of value thesis are relied on in interpreting the which is then compared with versions of value pluralism.

Value And The Weight Of Practical Reasons, Joseph Raz

Faculty Scholarship

Assuming that the value of options (actions, activities, or omissions) constitutes the proximate reason for pursuing them, this chapter considers whether we have reason to promote or maximise value. A proper argument would require establishing a negative, but raising doubts is less demanding — explaining some aspects of the relation between values and reasons that enable us to dispense with the doubtful thesis by illustrating alternative relations between values and reasons. Theses that value should be promoted are accompanied by a way of determining the strength of reasons (the stronger reason promotes more value). This chapter develops theoretical doubts about …

Terry'S Original Sin, Jeffrey Fagan

Faculty Scholarship

In Mapp v. Ohio, the U.S. Supreme Court extended the due process protections of the exclusionary rule to include all "constitutionally unreasonable searches" that were done without a basis of probable cause. In the seven years after Mapp, when homicide rates in the U.S. nearly doubled, riots broke out in at least forty-seven U.S. cities. During the same era, a heroin epidemic gripped the nation's urban centers, giving rise to street drug markets and associated violence and pressures on law enforcement to curb those markets. As violence increased, a turn in the nation's political culture questioned Mapp's restraints on …

Things Left Unsaid, Questions Not Asked, Peter L. Strauss

Faculty Scholarship

The University of Pennsylvania Law Review’s symposium on executive discretion, held in the fall of 2015 but just published this November, is an important undertaking, but it is remarkable for several silences – for things left unsaid on this important subject – and for questions not asked. First, although the Constitution’s “Take Care” Clause is extensively discussed, the one power Article II gives the President over domestic administration – to require the “Opinion, in writing” of the heads of the agencies Congress has invested with administrative duties – is not. Second, the discussion of the President’s undoubted but possibly …

Private Standards And The Wto: Reclusive No More, Petros C. Mavroidis, Robert Wolfe

Faculty Scholarship

Private standards are increasing in number, and they affect trade, but their status in the WTO remains problematic. Standards-takers are typically countries with little bargaining power, who cannot affect their terms of trade and thus, even if they possess domestic antitrust laws, will find it hard to persuade standard-setters to take account of their interests. Our concern is to bring more of these standards within the normative framework of the trade regime – that is, we worry that these private forms of social order can conflict with the fundamental norms of transparency and non-discrimination. The WTO membership has consumed itself …

Beyond ‘Innocents Abroad’: Reflecting On Sustainability Issues During International Study Trips, Anne H. Reilly, Mary Ann Pauline Mcgrath, Kristine Reilly

School of Business: Faculty Publications and Other Works

With ecosystems and populations in many regions threatened by rapid development, sustainability is a critical component for businesses in mature markets and emerging economies alike. The International Association of Jesuit Business Schools notes that global sustainability involves a broad set of interconnected issues ranging from environmental preservation to social justice to desirable production and consumption patterns. Jesuit business schools are uniquely positioned to address sustainability issues with their focus on teaching managerial content in tandem with corporate social responsibility. Further, the Ignatian Pedagogy Paradigm of experience, reflection, and action would suggest that business students may benefit from reflective observation in …

Constitutional Amendment, Madhav Khosla

Faculty Scholarship

This chapter examines the formal method for constitutional amendment provided for in Article 368 of the Indian Constitution. It first reviews the early cases that gave rise to the Basic Structure doctrine, which placed substantive restrictions upon the power of amendment, before exploring subsequent developments and the application of the doctrine. It considers how Indian courts have addressed the idea of an unconstitutional constitutional amendment, with particular emphasis on the architectural framework that the courts have envisioned the Constitution to have. It explains how the Basic Structure doctrine has been used to understand the principles on which constitutionalism must depend.

The Underground Rulification Of The Ordinary Business Operations Exclusion, Reilly S. Steel

Faculty Scholarship

In its landmark Cracker Barrel no-action letter, the SEC staff an­nounced a bright-line rule permitting exclusion of any shareholder pro­posal pertaining to a company’s management of its general workforce, even if focused on a significant social policy issue such as employment discrimination, under the “ordinary business operations” exclusion. The SEC reversed Cracker Barrel in 1998, returning to a case-specific approach to determining whether proposals fall under the exclusion. This Note examines 250 no-action letters from the 2015 proxy season and finds evidence indicating that the staff has, contrary to official SEC policy, returned to a rule-like approach to the ordinary …

From Your Body Is A Space That Sees, 2016, Lia Halloran

Art Faculty Creative Works – Exhibitions

Your Body Is a Space That Sees is a series of large-scale cyanotype works inspired by the fragmented history and contributions of women in astronomy. The series offers a visual account and female-centric astronomical catalog of craters, comets, galaxies, and nebulae, drawing from narrative, visual, and historical accounts of a group of women known as “Pickering’s Harem” or the “Harvard Computers,” who worked at the Harvard Observatory starting in 1879. This little-known group of women made a significant impact in the field of astronomy by using photographic glass plates to catalogue and classify the size, brightness, and chemical content of …

A Response To Professor Rascoff's Presidential Intelligence, Philip C. Bobbitt

Faculty Scholarship

Professor Samuel Rascoff’s Presidential Intelligence reflects both the conceptual and research strengths of the author, which are formidable, and the practical difficulties of intelligence reform, which are no less so. Rascoff is certainly right that to be effective – in the still-unfolding constitutional environment that must contend with terror groups armed with unprecedented weapons and communications technology – the intelligence community (IC) must act within the law and the rules governing that community must be reformed to make this possible. He is inclined to believe that the answer lies in heightened presidential management. I’m not so sure. The actual presidential …

The New Nature, Jedediah S. Purdy, Jo Guildi, Jairus Grove, Robert Paarlberg, Andreas Malm, David Keith, Anna Tsing, Ugo Mattei, Vandana Shiva, Paul Waldau, Roy Scranton

Faculty Scholarship

First came the insight that politics was not an outgrowth of organic hierarchy or divine ordination but instead an artifice – an architecture of power planned only by human beings. [...] was the recognition that economic order does not arise from providential design, natural rights to property and contract, or a grammar of cooperation inherent, like language, in the human mind. First is the Anthropocene condition: the massive increase in human impacts on everything from the upper atmosphere to the deep sea and the DNA of the world's species. [...] closely related, is the movement's interest not just in the …

The Search, The Jackson Laboratory

Search Magazine

No abstract provided.

What Do We Regret And Why?, Richard Delgado, Jean Stefancic

Texas A&M Law Review

Book review of Steven W. Bender, Mea Culpa: Lessons on Law and Regret from U.S. History (New York University Press 2015).

November Madness: A Proposal For Representative Democracy Brackets To Eliminate The Undue Influence Of Money On Elections, Daniel P. Valentine

Texas A&M Law Review

This Comment proposes Representative Democracy Brackets, a multi-level manner of choosing candidates in which all voters have an equal voice, but which by its structure reduces the effect of mass marketing in favor of a focus on forming and evaluating interpersonal relationships. By implementing Representative Democracy Brackets, a state or the United States can achieve the twin benefits of decreasing the undue effects of political spending and increasing the quality of the resulting decisions. The proposed brackets winnow the pool of voters until it is small enough to make an informed decision.

This Comment defines the problem by reviewing the …

Silent Protest And The Art Of Paper Folding: The Golden Venture Paper Sculptures At The Museum Of Chinese In America, Sandra Cheng

Publications and Research

Housed in the Museum of Chinese in America is the Fly to Freedom collection of paper art, which were produced by a traditional folk method of Chinese paper folding. The 123 paper works were created by detainees of the Golden Venture, a freighter used to smuggle undocumented immigrants into the U.S. On the evening of June 6, 1993, the ship ran aground off the Rockaways in New York City and nearly 300 migrants, gaunt from the four-month ordeal at sea, poured out of the cramped windowless hold of the vessel. Several drowned that night, a few escaped, but the majority …

Effect Of Phytosanitary Irradiation And Methyl Bromide Fumigation On The Physical, Sensory, And Microbiological Quality Of Blueberries And Sweet Cherries, Karen Thang, Kimberly Au, Cyril Rakovski, Anuradha Prakash

Food Science Faculty Articles and Research

Background

The objective of this study was to determine whether irradiation could serve as a suitable phytosanitary treatment alternative to methyl bromide (MB) fumigation for blueberries and sweet cherry and also to determine the effect of phytosanitary irradiation treatment on survival of Salmonella spp. and Listeria monocytogenes on these fruit. ‘Bluecrop’ blueberries (Vaccinium corymbosum) and ‘Sweetheart’ cherries (Prunus avium) were irradiated at 0.4 kGy or fumigated with methyl bromide and evaluated for quality attributes during storage.

Results

Irradiation caused an immediate decrease in firmness of both fruit without further significant change during storage. Fumigated fruit, in …

Persistent Threats To Commercial Speech, Jonathan H. Adler

Faculty Publications

The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This article briefly examines two: the use of commercial speech restrictions as a form of rent-seeking, and compelled commercial speech. Regulation of commercial speech is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have also been unduly deferential to claims of a consumer “right to know” as a basis for mandated labeling and disclosure. Greater and …

Minutes Of The Afternoon Meeting Of The Council Of Fifty, April 11, 1844, Matthew J. Grow, Ronald K. Esplin, Mark Ashurst-Mcgee, Gerrit J. Dirkmaaat, Jeffrey D. Mahas

BYU Studies

In his essay “Understanding the Council of Fifty and Its Minutes,” on the previous pages in this issue, Ronald K. Esplin overviews the history of the Council of Fifty and the three books in which William Clayton recorded its minutes. He tells what these minutes add to our understanding of Church leaders’ concerns about outreach to American Indians, Joseph Smith’s presidential campaign, and the desire to claim religious liberty. The text presented and annotated below is excerpted from The Joseph Smith Papers, Administrative Records: Council of Fifty, Minutes, March 1844–January 1846.

Large Genomic Differences Between Moraxella Bovoculi Isolates Acquired From The Eyes Of Cattle With Infectious Bovine Keratoconjunctivitis Versus The Deep Nasopharynx Of Asymptomatic Cattle, Aaron M. Dickey, John D. Loy, James L. Bono, Timonthy P. L. Smith, Mike D. Apley, Brian V. Lubbers, Keith D. Dedonder, Sarah F. Capik, Robert L. Larson, Brad J. White, Jochen Blom, Carol G. Chitko-Mckown, Michael L. Clawson

School of Veterinary and Biomedical Sciences: Faculty Publications

Moraxella bovoculi is a recently described bacterium that is associated with infectious bovine keratoconjunctivitis (IBK) or “pinkeye” in cattle. In this study, closed circularized genomes were generated for seven M. bovoculi isolates: three that originated from the eyes of clinical IBK bovine cases and four from the deep nasopharynx of asymptomatic cattle. Isolates that originated from the eyes of IBK cases profoundly differed from those that originated from the nasopharynx of asymptomatic cattle in genome structure, gene content and polymorphism diversity and consequently placed into two distinct phylogenetic groups. These results suggest that there are genetically distinct strains of M. …

Role Of Apoptotic Hepatocytes In Hcv Dissemination: Regulation By Acetaldehyde, Murali Ganesan, Sathish Kumar Natarajan, Jinjin Zhang, Justin L. Mott, Larisa I. Poluektova, Benita L. Mcvicker, Kusum K. Kharbanda, Dean J. Tuma, Natalie A. Osna

Department of Biochemistry: Faculty Publications

Alcohol consumption exacerbates hepatitis C virus (HCV) pathogenesis and promotes disease progression, although the mechanisms are not quite clear. We have previously observed that acetaldehyde (Ach) continuously produced by the acetaldehyde-generating system (AGS), temporarily enhanced HCV RNA levels, followed by a decrease to normal or lower levels, which corresponded to apoptosis induction. Here, we studied whether Ach-induced apoptosis caused depletion of HCV-infected cells and what role apoptotic bodies (AB) play in HCV-alcohol crosstalk. In liver cells exposed to AGS, we observed the induction of miR-122 and miR-34a. As miR-34a has been associated with apoptotic signaling and miR-122 with HCV replication, …

Inhibition Of Protein Ubiquitination By Paraquat And 1-Methyl-4-Phenylpyridinium Impairs Ubiquitin-Dependent Protein Degradation Pathways, Juliana Navarro-Yepes, Anandhan Annadurai, Erin Bradley, Iryna Bohovych, Bo Yarabe, Annemieke De Jong, Huib Ovaa, You Zhou, Oleh Khalimonchuk, Betzabet Quintanilla-Vega, Rodrigo Franco

Department of Biochemistry: Faculty Publications

Intracytoplasmic inclusions of protein aggregates in dopaminergic cells (Lewy bodies) are the pathological hallmark of Parkinson’s disease (PD). Ubiquitin (Ub), alpha [α]-synuclein, p62/sequestosome 1 and oxidized proteins are major components of Lewy bodies. However, the mechanisms involved in the impairment of misfolded/oxidized protein degradation pathways in PD are still unclear. PD is linked to mitochondrial dysfunction and environmental pesticide exposure. In this work, we evaluated the effect of the pesticide paraquat (PQ) and the mitochondrial toxin 1-methyl-4-phenylpyridinium (MPP⁺) on Ub-dependent protein degradation pathways. No increase in the accumulation of Ub-bound proteins or aggregates was observed in dopaminergic cells …

Potassium And The K+/H+ Exchanger Kha1p Promote Binding Of Copper To Apofet3p Multi-Copper Ferroxidase, Xiaobin Wu, Heejeong Kim, Javier Seravalli, Joseph J. Barycki, P. John Hart, David W. Gohara, Enrico Di Cera, Won Hee Jung, Daniel J. Kosman, Jaekwon Lee

Department of Biochemistry: Faculty Publications

Acquisition and distribution of metal ions support a number of biological processes. Here we show that respiratory growth of and iron acquisition by the yeast Saccharomyces cerevisiae relies on potassium (K⁺) compartmentalization to the trans-Golgi network via Kha1p, a K⁺/H⁺ exchanger. K⁺ in the trans-Golgi network facilitates binding of copper to the Fet3p multi-copper ferroxidase. The effect of K⁺ is not dependent on stable binding with Fet3p or alteration of the characteristics of the secretory pathway. The data suggest that K⁺ acts as a chemical factor in Fet3p maturation, a …

Analysis Of Oligomerization Properties Of Heme A Synthase Provides Insights Into Its Function In Eukaryotes, Samantha Swenson, Andrew Cannon, Nicholas J. Harris, Nicholas G. Taylor, Jennifer L. Fox, Oleh Khalimonchuk

Department of Biochemistry: Faculty Publications

Heme a is an essential cofactor for function of cytochrome c oxidase in the mitochondrial electron transport chain. Several evolutionarily conserved enzymes have been implicated in the biosynthesis of heme a, including the heme a synthase Cox15. However, the structure of Cox15 is unknown, its enzymatic mechanism and the role of active site residues remain debated, and recent discoveries suggest additional chaperone-like roles for this enzyme. Here, we investigated Cox15 in the model eukaryote Saccharomyces cerevisiae via several approaches to examine its oligomeric states and determine the effects of active site and human pathogenic mutations. Our results indicate that Cox15 …

¡Tigre Blanco, Héroe Del Barrio!: Living And Dying Latina/O In A Superhero World, Luis Saenz De Viguera Erkiaga

World Languages and Cultural Studies Faculty Publications

In a world where the superheroic characters from Marvel Comics and DC Comics, the two major comic book publishers in the United States, are taking over mainstream media via film, TV shows, and video-games, it seems more relevant than ever to look at the way in which these comic book fantasies deal with diversity and the representation of minorities.

[Augusta, Ga] Daily Constitutionalist, July-September, 1862, Vicki Betts

By Title

Selected articles from the Daily Constitutionalist, published in Augusta, Georgia, for the months July-September, 1862.

[Augusta, Ga] Daily Constitutionalist, January-June, 1862, Vicki Betts

By Title

Selected articles from the Daily Constitutionalist, published in Augusta, Georgia, for the months January-June 1862.

Fort Smith New Era, October 1863-December 1864, Vicki Betts

By Title

Selected articles from the Fort Smith New Era, October 1863 through December 1864.

Indianola [Tx] Courier, 1859-1861, Vicki Betts

By Title

Selected articles from the Indianola [TX] Courier, 1859-1861.

Marshall Texas Republican, 1860, Vicki Betts

By Title

Selected articles from the Texas Republican, published in Marshall, Texas, covering the year 1860.

Memphis Appeal [Jackson], December 1862-May 1863, Vicki Betts

By Title

Selected articles from the Memphis Appeal published in Jackson, Mississippi, for the months December, 1862 through May, 1863.