Digital Commons Network^™

Current And Upcoming Stroke Research At Baptist Health, Amy K. Starosciak

All Publications

No abstract provided.

Opinion Of Justice Katherine Franke In Obergefell V. Hodges, Katherine M. Franke

Faculty Scholarship

Professor Jack Balkin has assembled a group of 9 scholars and advocates to write opinions in the Obergefell v. Hodges case for a forthcoming volume, What Obergefell Should Have Said (Yale University Press 2017). Balkin writes for the majority of the Court and I provide a concurrence along with a short commentary explaining my approach and reasoning. In summary, I conclude that: Laws barring same-sex couples from eligibility for licensure as civil marriages violate the Equal Protection Clause of the Fourteenth Amendment because they find their origin in and perpetuate notions of heterosexual supremacy, and have the aim and effect …

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 …

Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, Mohammad Fadel

Osgoode Hall Law Journal

In the wake of the Egyptian military coup of 3 July 2013, much commentary has focused on the religious-secular divide in Egypt as the principal division that laid the groundwork for the subsequent coup. Less attention has been paid to the profound divisions within religiously-minded Egyptian political actors regarding whether democratic or authoritarian government is more desirable from a religious perspective. This article explores the division between Islamist supporters of a “republican” conception of a modern Muslim constitutional and religious order, and Islamist supporters of an “authoritarian” conception of constitutional government in alliance with a state-supported religious establishment. The article …

Guardians Of Municipal Public Trees: Commonwealth Of Massachusetts Tree Wardens’ Authority And Accountability, Julie E. Steiner

Faculty Scholarship

Today’s tree wardens are continually called upon to strike a balance between preservation of public trees and protection of the public from hazardous tree conditions. The Commonwealth of Massachusetts has been a pioneer in tree protection legislation, including the enactment of the first state legislation requiring a municipal tree warden. As guardians of the municipal landscape, tree wardens decide whether and when to plant new public shade trees, or to permit those that already exist to be cut, trimmed, or removed. This Article describes the important historical role the Commonwealth of Massachusetts has played in protecting public trees, the legal …

Symposium: Environmental Accountability In An Age Of Consequences: Foreword, Julie E. Steiner

Faculty Scholarship

The five articles in this Symposium issue each take a different approach to addressing environmental accountability. There is unequivocal evidence that the climate system is warming, caused mainly by the measurable increase in anthropogenic greenhouse gas emissions. The Symposium authors include Denis Binder, Susan Stark, Julie E. Steiner, Chris Erchull, Laura Fisher, and Daniel DePasquale. These Authors challenge all to think broadly about utilization of different accountability mechanisms to ensure more efficient environmental outcomes.

Seasonal Evolution Of Active Layer Formation In Subarctic Peat Plateaux And Implications For Dissolved Organic Matter Composition And Transfer, Jennifer L. Hickman

Theses and Dissertations (Comprehensive)

Peat-accumulating wetlands are ecosystems whose rate of photosynthetic production of organic matter is greater than that of its decomposition, resulting in a build up of soil organic matter that may take centuries to fully decompose. Carbon (C) stocks within these ecosystems are a function of inputs from photosynthesis, and losses from heterotrophic decomposition. Due to the short growing season and overall cold climate of boreal and tundra regions, C has been accumulating within these landscapes, mostly in soil organic matter, since the last glaciation. Climate change, predicted to result in rising temperatures and increased precipitation, has begun to degrade the …

The Effects Of Script On Reading Development Of Farsi And Arabic Bilinguals, Fatemeh Hosseini Almadani

Theses and Dissertations (Comprehensive)

Knowledge of orthographic depth, the degree of letter-sound consistency, is one of the important skills that must be acquired by beginning readers. Vowelized Arabic and Farsi scripts are consistent in terms of grapheme-phoneme mappings and beginning readers should find it easier to read regular and consistent words. However, vowels are removed from Farsi and Arabic texts read by more experienced learners, which make these script forms more challenging for readers. Sixty students who were learning to read Farsi or Arabic (age range of 7-14 years) were tested for reading ability as well as cognitive and phonological processing in two languages: …

Climate Change And Social Work: Our Roles And Barriers To Action, Tina Cumby

Theses and Dissertations (Comprehensive)

This qualitative research project was conducted using a grounded theory research methodology and was approached with the theoretical underpinnings of social constructivism and pragmatism. The purpose of this research was to assess what role, if any, that social workers can play in dealing with environmental issues such as climate change and what barriers, if any, they will likely experience as they engage with these issues. It is important to explore these roles and barriers because social work is a profession that is well equipped to mitigate environmental issues like climate change, yet there is virtually no social work presence in …

Characterization Of A Phosphonate-Specific Cytidylyltransferase, Kissa Batul

Theses and Dissertations (Comprehensive)

Antibiotic resistance is a major global health concern that requires new therapeutic approaches. Furthermore, a lack of narrow spectrum antibiotics on the market produces unintended consequences with respect to changes in our microbial make up. Phosphonates are reduced versions of phosphates that possess a C-P bond which is more resistant to enzymatic and chemical degradation. The role of phosphonate containing macromolecules (e.g. cell surface polysaccharides) remains enigmatic, however their presence suggests that they may confer an advantage. The biosynthesis of phosphonate-containing macromolecules is unknown, but a pathway is proposed involving aLicC type cytidylyltransferase-catalyzed conjugation to a phosphonate followed by a …

Quaking Aspen In Utah: Integrating Recent Science With Management, Paul C. Rogers, Samuel B. St. Clair

Wildland Resources Faculty Publications

Quaking aspen is widely regarded as a key resource for humans, livestock, and wildlife with these values often competing with each other, leading to overuse of aspen in some locations and declines. We review trends in aspen science and management, particularly in Utah. Historically, research conducted here holds a prestigious place in international aspen circles. We highlight recent studies continuing the tradition to keep rangeland managers informed of important developments, focusing on aspen functional types, historical cover change and climate warming, ungulate herbivory, and disturbance interactions.

Tennessee Farm Bureau News - January 2016, Tennessee Farm Bureau Federation

Tennessee Farm Bureau News

No abstract provided.

Early Christianity, Gaye Strathearn

Faculty Publications

As Jesus stood on the Mount of Olives at the end of his forty-day resurrected ministry, he directed his apostles to be witnesses “in Jerusalem, in all Judea and Samaria, and to the ends of the earth” (Acts 1:8; see also Matthew 28:19–20). In giving this direction, he rescinded the command he gave when he first called them to “Go nowhere among the Gentiles, and enter no town of the Samaritans” (Matthew 10:5). The shift in emphasis and direction brought significant challenges for the fledgling church. It is in the church’s response to meet those challenges that we see many …

The Effects Of Local Police Surges On Crime And Arrests In New York City, John Macdonald, Jeffery Fagan, Amanda Geller

Faculty Scholarship

The New York Police Department (NYPD) under Operation Impact deployed extra police officers to high crime areas designated as impact zones. Officers were encouraged to conduct investigative stops in these areas. City officials credited the program as one of the leading causes of New York City’s low crime rate. We tested the effects of Operation Impact on reported crimes and arrests from 2004 to 2012 using a difference-in-differences approach. We used Poisson regression models to compare differences in crime and arrest counts before and after census block groups were designated as impact zones compared to census block groups in the …

Late Fremont Cultural Identities And Borderland Processes, Michael T. Searcy, Richard K. Talbot

Faculty Publications

he spread of maize farming across the American Southwest reached its northernmost extent west of the Rockies by the first or second centuries ad (James Allison, personal communication, 2014; Allison 2014), in the area encompassing the Colorado Plateau north of the Colorado River and the eastern portion of the Great Basin. he practitioners of farming in this area, the Fremont, generally resemble other Southwest farmers in material culture, social structure, settlement, and land use. hey are markedly different from contemporaneous hunter- gatherers to the west, north, and east in these same characteristics and in general economic strategy. Changing paradigms have …

Granting Exemptions From Legal Duties: When Are They Warranted And What Is The Place Of Religion?, Kent Greenawalt

Faculty Scholarship

In what follows, I focus on when exemptions from legal duties are called for and whether religion should be a crucial ingredient. I concentrate especially on the present controversy over same-sex marriage, and how far people and organizations should be required to afford those couples equal status. But other kinds of exemptions can help us understand various general questions and provide key insights about this intense concern of our time.

My basic conclusions are these: religious convictions and practices do matter but only sometimes should they be legally distinguished from other bases. Considering all that is at stake, certain exemptions …

After Humanity: Science Fiction After Extinction In Kurt Vonnegut And Clifford D. Simak, Gerry Canavan

English Faculty Research and Publications

This article takes up the question of whether and to what extent humanistic values can survive confrontation with the "deep time" of the Anthropocene, specifically with the inevitability of human extinction. In particular, I focus on representations of human extinction and the emergence of sapient successor species in H.G. Wells's The Time Machine (1895). Kurt Vonnegut's Galápagos (1985). and Clifford D. Simak's City (1952), identifying in the latter two submerged humanisms that belie the surface anti-humanism and cosmic pessimism of the novels .

Women Poets, Child Readers, Angela Sorby

English Faculty Research and Publications

No abstract provided.

‘But Who Will Bell The Cat?’: Deschamps, Brinton, Langland, And The Hundred Years’ War, Elizaveta Strakhov

English Faculty Research and Publications

This essay investigates the mutual use of the ‘belling the cat’ fable in Langland’s Prologue to Piers Plowman, in Thomas Brinton’s sermon from 1376, and in a cluster of poems about the Hundred Years War by Langland’s French contemporary, Eustache Deschamps. Although the fable was popular in their day, only these three authors offer it a specifically topical application, and each, the essay argues, uses it to critique administrative dysfunction and excessive taxation during the Hundred Years War. By teasing out this Anglo-French political context, the essay offers a new reading of Langland’s mouse’s exhortation of inaction before the …

Langland And The French Tradition: Introduction, R. D. Perry, Elizaveta Strakhov

English Faculty Research and Publications

No abstract provided.

Don’T Point That Gun At My Mum: Geriatric Zombies, Gerry Canavan

English Faculty Research and Publications

No abstract provided.

Science Fiction, Gerry Canavan

English Faculty Research and Publications

Science fiction (SF) emerges as a distinct literary and cultural genre out of a familiar set of world-famous texts ranging from Mary Shelley’s Frankenstein (1818) to Gene Roddenberry’s Star Trek (1966–) to the Marvel Cinematic Universe (2008–) that have, in aggregate, generated a colossal, communal archive of alternate worlds and possible future histories. SF’s dialectical interplay between utopian optimism and apocalyptic pessimism can be felt across the genre’s now centuries-long history, only intensifying in the 20th century as the clash between humankind’s growing technological capabilities and its ability to use those powers safely or wisely has reached existential-threat propositions, not …

Tending To One’S Garden: Deschamps’S ‘Ballade To Chaucer’ Reconsidered, Elizaveta Strakhov

English Faculty Research and Publications

No abstract provided.

Short-Termism And Long-Termism, Michal Barzuza, Eric L. Talley

Faculty Scholarship

A significant debate in corporate law and finance concerns the role of activist investors (especially hedge funds) in corporate governance. Activists, it is often alleged, imprudently privilege short term earnings over superior (but less liquid) long term investments. Activists counter that they target managers who unjustifiably cling to questionable strategies. While this debate is hardly new, it has grown increasingly fractious of late. We analyze the activism debate within a theoretical securities-market setting. In our framework – which draws from an emerging literature in empirical and experimental finance – managers are differentially overconfident (causing them to favor long-term projects), while …

Street Stops And Police Legitimacy In New York, Jeffrey Fagan, Tom Tyler, Tracey L. Meares

Faculty Scholarship

Police-initiated citizen encounters in American cities often are non-neutral events. Encounters range from routine traffic stops to police interdiction of pedestrians during their everyday movements through both residential and commercial areas to aggressive enforcement of social disorder offenses. As a crime detection and control strategy central to the “new policing,” these encounters often are unproductive and inefficient. They rarely result in arrest or seizure of contraband, and often provoke ill will between citizens and legal authorities that discourages citizen cooperation with police and compliance with law. In this chapter, we describe the range of potentially adverse reactions or harms that …

Impact Investing As A Form Of Lobbying And Its Corporate-Governance Effects, Andrzej Rapaczynski

Faculty Scholarship

Impact investment is attractive to many because it seems to combine support for progressive causes with an apparent commitment to the principles of a market economy. In fact, however, a rational impact investor is not simply creating demand for certain types of corporate actions; he/she is attempting to use corporate governance mechanisms to influence fiduciary decisions of the management. The cost of this tactic for the health of the capitalist economy is potentially very considerable. The American capitalist system relies heavily on a relatively fragile corporate governance arrangement in which the agency problems of a modern corporation are minimized by …

Dysfunctional Epileptic Neuronal Circuits And Dysmorphic Dendritic Spines Are Mitigated By Platelet-Activating Factor Receptor Antagonism, Alberto E. Musto, Robert F. Rosencrans, Chelsey P. Walker, Surjyadipta Bhattacharjee, Chittalsinh M. Raulji, Ludmila Belayev, Zhide Fang, William C. Gordon, Nicolas G. Bazan

Journal Articles: Pediatrics

Temporal lobe epilepsy or limbic epilepsy lacks effective therapies due to a void in understanding the cellular and molecular mechanisms that set in motion aberrant neuronal network formations during the course of limbic epileptogenesis (LE). Here we show in in vivo rodent models of LE that the phospholipid mediator platelet-activating factor (PAF) increases in LE and that PAF receptor (PAF-r) ablation mitigates its progression. Synthetic PAF-r antagonists, when administered intraperitoneally in LE, re-establish hippocampal dendritic spine density and prevent formation of dysmorphic dendritic spines. Concomitantly, hippocampal interictal spikes, aberrant oscillations, and neuronal hyper-excitability, evaluated 15-16 weeks after LE using multi-array …

Big Data And The Future For Privacy, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

In our inevitable big data future, critics and skeptics argue that privacy will have no place. We disagree. When properly understood, privacy rules will be an essential and valuable part of our digital future, especially if we wish to retain the human values on which our political, social, and economic institutions have been built. In this paper, we make three simple points. First, we need to think differently about "privacy." Privacy is not merely about keeping secrets, but about the rules we use to regulate information, which is and always has been in intermediate states between totally secret and known …

Taking Trust Seriously In Privacy Law, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Trust is beautiful. The willingness to accept vulnerability to the actions of others is the essential ingredient for friendship, commerce, transportation, and virtually every other activity that involves other people. It allows us to build things, and it allows us to grow. Trust is everywhere, but particularly at the core of the information relationships that have come to characterize our modern, digital lives. Relationships between people and their ISPs, social networks, and hired professionals are typically understood in terms of privacy. But the way we have talked about privacy has a pessimism problem – privacy is conceptualized in negative terms, …