Digital Commons Network^™

Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This paper, presented to the mid-winter meeting of the National Association of Criminal Defense Lawyers (Austin, TX, 2/18/16), explains why it is essential for lawyers representing criminal defendants with mental disabilities to understand the meanings and contexts of sanism - a largely invisible and largely socially acceptable irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry - and pretextuality - the means by which courts regularly accept (either implicitly or explicitly) testimonial dishonesty, countenance liberty deprivations in disingenuous ways that bear …

Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips

Articles & Chapters

From the late 17th century, the Religious Society of Friends (“Quakers”) observed a method of resolving disputes arising within congregations that was scripturally based, and culminated in final and binding arbitration. The practice of Quaker arbitration gradually disappeared during the late 19th and early 20th centuries, and few modern Quakers are even aware of it. This article traces that decline and notes similarities with mercantile arbitration. In both religious and mercantile arbitration, a defined community valued the goal of avoiding group disruption more than the goal of vindicating individual legal rights. In both cases, members of the community applied distinct …

Green Supply Chain Management, Ravi Teja Marneni

Graduate Research Papers

There is a need to consolidate environmental issues and try to find solutions to the problems that are detrimental to the environment. Researches show that the idea of green supplychain is not fully developed. There is a need to understand green supply-chain management from a different perspective. Green supply chain helps in utilizing all the available productive resources effectively. By implementing green supply chain management principles in the business decision making process, organization can purchase green resources that will help in providing environmental friendly products and achieve greater desired results. The growing importance of supply chain is driven mainly by …

Lawyers, Power, And Strategic Expertise, Colleen Shanahan, Anna Carpenter, Alyx Mark

Faculty Articles

This empirical study analyzes the experience of the parties described above, specifically the power, representation, and strategic expertise they bring to a dispute. Our analysis of these factors clarifies how representation may be a solution to the access to justice crisis. We find that a representative helps most parties most of the time. We also find that the other party’s representation and the representative’s strategic expertise are significant factors for understanding representation for civil litigants. This study analyzes a database of 1,700 unemployment insurance appeals in the District of Columbia over a two-year period, the broadest and deepest collection of …

Digital Badges: Adding Professional Value To A Fully Online Undergraduate Educational Technology Minor, Joseph Rene Corbeil, Maria Elena Corbeil, Ignacio E. Rodríguez

Teaching and Learning Faculty Publications

In gaming, business, and now, education, digital badges are being implemented to add value to informal and formal learning experiences. Digital badges are an easy way for learners to demonstrate the skills they have mastered through participation in a variety of educational and professional development activities. In order to help students and graduates showcase specific skills to employers, program faculty of a fully online undergraduate Educational Technology minor implemented digital badges through a three-phase study. The purpose of the study was to: determine students' knowledge and perceptions of digital badges before their implementation (Phase 1); integrate digital badges into the …

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Faculty Articles

When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …

Signature Of Coexistence Of Superconductivity And Ferromagnetism In Two-Dimensional Nbse2 Triggered By Surface Molecular Adsorption, Xiaojiao Zhu, Yuqiao Guo, Hao Cheng, Jun Dai, Xingda An, Jiyin Zhao, Kangzhen Tian, Shiqiang Wei, Xiao Cheng Zeng, Changzheng Wu, Yi Xie

Department of Chemistry: Faculty Publications

Ferromagnetism is usually deemed incompatible with superconductivity. Consequently, the coexistence of superconductivity and ferromagnetism is usually observed only in elegantly designed multi-ingredient structures in which the two competing electronic states originate from separate structural components. Here we report the use of surface molecular adsorption to induce ferromagnetism in two-dimensional superconducting NbSe₂, representing the freestanding case of the coexistence of superconductivity and ferromagnetism in one two-dimensional nanomaterial. Surface-structural modulation of the ultrathin superconducting NbSe₂ by polar reductive hydrazine molecules triggers a slight elongation of the covalent Nb–Se bond, which weakens the covalent interaction and enhances the ionicity of …

Flexble Robotic Actuators, Aaron D. Mazzeo, Stephen A. Morin, Robert F. Shepherd, George M. Whitesides, William B. Kalb

Department of Chemistry: Faculty Publications

Some embodiments of the disclosed subject matter includes a laminated robotic actuator. The laminated robotic actuator includes a strain-limiting layer comprising a flexible, non extensible material in the form of a sheet or thin film, a flexible inflatable layer in the form of a thin film or sheet in facing relationship with the Strain-limiting layer, wherein the inflatable layer is selectively adhered to the strain-limiting layer, and wherein a portion of an un-adhered region between the strain-limiting layer and the inflatable layer defines a pressurizable channel, and at least one fluid inlet in fluid communication with the pressurizable channel. The …

Real-Time Classification Of Patients With Balance Disorders Vs. Normal Subjects Using A Low-Cost Small Wireless Wearable Gait Sensor, Bhargava Teja Nukala, Taro Nakano, Amanda Rodriguez, Jerry Tsay, Jerry Lopez, Tam Q. Nguyen, Steven Zupancic, Donald Y. C. Lie

Department of Special Education and Communication Disorders: Faculty Publications

Gait analysis using wearable wireless sensors can be an economical, convenient and effective way to provide diagnostic and clinical information for various health-related issues. In this work, our custom designed low-cost wireless gait analysis sensor that contains a basic inertial measurement unit (IMU) was used to collect the gait data for four patients diagnosed with balance disorders and additionally three normal subjects, each performing the Dynamic Gait Index (DGI) tests while wearing the custom wireless gait analysis sensor (WGAS). The small WGAS includes a tri-axial accelerometer integrated circuit (IC), two gyroscopes ICs and a Texas Instruments (TI) MSP430 microcontroller and …

Tiers 1, 2 & 3 Intervention: Bullying Prevention & Intervention, Paige T. Lembeck, Ann O'Connor, Scott Fluke, Reece L. Peterson

Department of Special Education and Communication Disorders: Faculty Publications

Conclusion

Given the detrimental impact bullying has on students who are involved in these interactions, regardless of whether they are a bully, victim, bully-victim, or bystander, it is reassuring that many school policies and school-wide intervention programs which are evidence-based have surfaced to address this issue. However, schools must not endorse a “one size fits all” approach. Instead, the best intervention efforts are guided by local data that can best inform schools of specific factors (e.g., settings, forms of bullying) that warrant intervention and are realistically aligned with the resources that are available to the school.

Effects Of Smiley Face Scales On Visual Processing Of Satisfaction Questions In Web Surveys, Mathew Stange, Amanda Barry, Jolene Smyth, Kristen M. Olson

Department of Sociology: Faculty Publications

Web surveys permit researchers to use graphic or symbolic elements alongside the text of response options to help respondents process the categories. Smiley faces are one example used to communicate positive and negative domains. How respondents visually process these smiley faces, including whether they detract from the question’s text, is understudied. We report the results of two eye-tracking experiments in which satisfaction questions were asked with and without smiley faces. Respondents to the questions with smiley faces spent less time reading the question stem and response option text than respondents to the questions without smiley faces, but the response distributions …

Performance Of Two Askaryan Radio Array Stations And First Results In The Search For Ultrahigh Energy Neutrinos, P. Allison, R. Bard, J. J. Beatty, D. Z. Besson, C. Bora, C.-C. Chen, C.-H. Chen, P. Chen, A. Christenson, A. Connolly, J. Davies, M. Duvernois, B. Fox, R. Gaior, P. W. Gorham, K. Hanson, J. Haugen, B. Hill, K. D. Hoffman, E. Hong, S.-Y. Hsu, L. Hu, J.-J. Huang, M.-H. A. Huang, A. Ishihara, A. Karle, J. L. Kelley, D. Kennedy, Ilya Kravchenko, T. Kuwabara, H. Landsman, A. Laundrie, C.-J. Li, T. C. Liu, M.-Y. Lu, L. Macchiarulo, K. Mase, T. Meures, R. Meyhandan, C. Miki, R. Morse, J. Nam, R. J. Nichol, G. Nir, A. Novikov, A. O’Murchadha, C. Pfendner, Kenneth L. Ratzlaff, M. Relich, M. Richman, L. Ritter, B. Rotter, P. Sandstrom, P. Schellin, A. Shultz, D. Seckel, Y.-S. Shiao, J. Stockham, M. Stockham, J. Touart, G. S. Varner, M.-Z. Wang, S.-H. Wang, Y. Yang, S. Yoshida, R. Young

Department of Physics and Astronomy: Faculty Publications

Ultrahigh energy neutrinos are interesting messenger particles since, if detected, they can transmit exclusive information about ultrahigh energy processes in the Universe. These particles, with energies above 10¹⁶ eV, interact very rarely. Therefore, detectors that instrument several gigatons of matter are needed to discover them. The ARA detector is currently being constructed at the South Pole. It is designed to use the Askaryan effect, the emission of radio waves from neutrino-induced cascades in the South Pole ice, to detect neutrino interactions at very high energies. With antennas distributed among 37 widely separated stations in the ice, such interactions can …

High-Coercivity Magnetism In Nanostructures With Strong Easy-Plane Anisotropy, Balamurugan Balasubramanian, Priyanka Manchanda, Ralph A. Skomski, Pinaki Mukherjee, Shah R. Valloppilly, Bhaskar Das, George C. Hadjipanayis

David Sellmyer Publications

We report the fabrication of a rare-earth-free permanent-magnet material Co₃Si in the form of nanoparticles and investigate its magnetic properties by experiments and density-functional theory (DFT). The DFT calculations show that bulk Co₃Si has an easy-plane anisotropy with a high K₁≈64 Merg/cm3 (6.4 MJ/m³) and magnetic polarization of 9.2 kG (0.92 T). In spite of having a negative anisotropy that generally leads to negligibly low coercivities in bulk crystals, Co₃Si nanoparticles exhibit high coercivities (17.4 kOe at 10K and 4.3 kOe at 300 K). This result is a consequence of …

Modifying M-44s To Reduce Risk Of Activation By Swift Fox, Julie K. Young

United States Department of Agriculture Wildlife Services: Staff Publications

M-44s are spring-powered sodium cyanide ejectors commonly used in the United States to manage livestock depredation by coyotes (Canis latrans). While highly selective for canids, improvements could reduce risk to nontarget canids, especially State-Endangered or -Threatened canids such as the swift fox (Vulpes velox). In 2012–2013, we tested M-44s set at modified heights to determine whether height modifications reduced risk to swift foxes without reducing activation rates by coyotes. We presented captive coyotes housed at the USDA National Wildlife Research Center’s Predator Research Facility, Millville, Utah, USA, with M-44s at various test heights to determine a …

Teaching Fairness In Journalism: A Challenging Task, Joseph Weber

College of Journalism and Mass Communications: Faculty Publications

Objectivity has long been contentious in American journalism. Many practitioners call it essential to a news organization’s credibility. Critics, however, hold objectivity is impossible and urge reporters simply to reveal their biases. For educators, teaching objectivity is challenging. Some, seeking a middle ground, instead urge fairness and balance, or counsel “impartiality.” Even such approaches are challenging. This article explores the difficulties, based on a study where students were lectured on fairness, balance, objectivity, and bias. They wrote news stories before and after the lessons. Evaluators found no substantial improvement in fairness and increased bias, however, pointing up the difficulties involved.

Ranking Journalism And Mass Communications Programs: Administrators And Faculty Approve Of The Idea And Assess Potential Criteria, Joseph Weber

College of Journalism and Mass Communications: Faculty Publications

Rankings of universities and colleges are common and controversial. However, few rankers produce useful lists that assess and compare journalism and mass communications programs. The few currently available involve superficial reputational surveys or are less than transparent about their methodology. To determine potential criteria for a useful ranking, this article reports the results of a survey of administrators and educators in a broad cross-section of such programs. The survey finds broad support among respondents for the idea of ranking and, further, details criteria that respondents said they would find useful in developing a ranked list of programs.

Preparing Law Students For Information Governance, Susan David Demaine

Articles by Maurer Faculty

Information governance is a holistic business approach to managing and using information that recognizes information as an asset as well as a potential source of risk. Law librarians and legal information professionals are well situated to take leadership roles in information governance efforts, including instructing law students in information governance principles and practices. This article traces the development of information governance and its importance to the legal profession, offers a primer on information governance principles and implementation, and discusses how academic law librarians and other legal educators can teach information governance to law students using problem-based learning or similar pedagogical …

A Case For Case Studies; The Effective Use Of Case Studies In The College Classroom, Frauke Hachtmann

College of Journalism and Mass Communications: Faculty Publications

Instructors often use case studies to bridge the gap between theory and practice while also bringing research into the learning environment. Case studies allow students to participate actively in the learning process by helping them learn how to think, plan and reason by studying the actions, thoughts and decision-making processes of real people and companies. Educators also often choose case studies in their learning environment because they can accommodate different learning styles, including inductive learners, who learn from examples as opposed to logical development (linear learning). Case studies from this journal are well suited for use in the college classroom …

Corporate Crisis Communication: Examining The Interplay Of Reputation And Crisis Response Strategies, Dane M. Kiambi, Autumn Shafer

College of Journalism and Mass Communications: Faculty Publications

This experiment study used a 2 × 3 between-subjects design to assess two factors in crisis communication and reputation management—prior corporate reputation (good and bad) and crisis response strategies (apology, sympathy, and compensation)—on an organization facing high crisis responsibility. Results indicate that stakeholders prefer apology to compensation response strategies. Organizations with a prior good reputation have better postcrisis reviews that those with a prior bad reputation. Crisis managers facing crises that generate high attribution of crisis responsibility and anger are advised to rely on apology rather than compensation strategy. It would also be advantageous for an organization with prior good …

Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Salman V. United States: Insider Trading's Tipping Point?, Donna M. Nagy

Articles by Maurer Faculty

No abstract provided.

Race, Restructurings, And Equal Protection Doctrine Through The Lens Of Schuette V. Bamn, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Beyond Dirks: Gratuitous Tipping And Insider Trading, Donna M. Nagy

Articles by Maurer Faculty

Did an investment banker who gratuitously shared material nonpublic information with his brother, with no expectation of receiving anything in return, commit securities fraud? And is the investment banker's brother-in-law jointly liable for trading securities on the basis of what he knew to be gratuitous tips? The Supreme Court is poised to answer those questions in Salman v. United States, after steering clear of insider trading law for nearly two decades. It has been even longer still since the Court last addressed securities fraud liability relating to stock trading tips-it articulated a "personal benefit" test for joint tipper-tippee liability in …

Alterations Of The Volatile Metabolome In Mouse Models Of Alzheimer’S Disease, Bruce A. Kimball, Donald A. Wilson, Daniel W. Weason

United States Department of Agriculture Wildlife Services: Staff Publications

In the present study, we tested whether the volatile metabolome was altered by mutations of the Alzheimer’s disease (AD)-implicated amyloid precursor protein gene (APP) and comprehensively examined urinary volatiles that may potentially serve as candidate biomarkers of AD. Establishing additional biomarkers in screening populations for AD will provide enhanced diagnostic specificity and will be critical in evaluating disease-modifying therapies. Having strong evidence of gross changes in the volatile metabolome of one line of APP mice, we utilized three unique mouse lines which over-express human mutations of the APP gene and their respective non-transgenic litter-mates (NTg). Head-space gas chromatography/mass spectrometry (GC/MS) …

Cholecalciferol Plus Diphacinone Baits For Vole Control: A Novel Approach To A Historic Problem, Roger A. Baldwin, Ryan Meinerz, Gary W. Witmer

United States Department of Agriculture Wildlife Services: Staff Publications

Combination baits containing cholecalciferol plus an anticoagulant are effective against commensal rodents resistant to anticoagulants, and they likely pose less risk than anticoagulant-only rodenticides due to lower concentrations of active ingredients and shorter time to death. However, these combination baits have not been tested for agricultural rodent pests. Therefore, we established a study to test the efficacy of cholecalciferol plus diphacinone artichoke bract and pellet baits to determine their ability to manage California voles Microtus californicus in artichokes, where resistance to anticoagulants is known to occur. Field tests using radiocollared voles indicated that bract baits were highly efficacious (85 %), …

Evaluation Of An Avian Radar System In A Midwestern Landscape, Michael B. Gerringer, Steven L. Lima, Travis L. Devault

United States Department of Agriculture Wildlife Services: Staff Publications

Bird strikes in aviation are an increasing threat to both aircraft and human safety. Management efforts have focused largely on the immediate airport environment. Avian radar systems could potentially be useful in assessing bird strike threats at greater distances from the airport, at higher altitudes, and at night, but few studies have been conducted to assess the capabilities of avian radar systems. Thus, our goal was to assess the detection and tracking abilities of a commercially available avian radar system in an airport environment in Indiana, USA, during October 2011–March 2012. Transits by free-flying birds allowed us to assess radar …

Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism", Hannah L. Buxbaum

Articles by Maurer Faculty

One consequence of the increasingly transnational nature of civil litigation is that U.S. courts must frequently address the interests of foreign sovereigns. These interactions arise primarily in three contexts: when a foreign government is the defendant in a U.S. court; when a claim requires a U.S. court to scrutinize actions taken by a foreign government; and when a U.S. court seeks to apply U.S. law to persons or conduct within a foreign government’s borders. Each of these contexts invokes a narrative in which the engagement of U.S. courts interferes or conflicts with the prerogatives of a foreign sovereign. As a …

Paper Trails, Trailing Behind: Improving Informed Consent To Ivf Through Multimedia Applications, Jody L. Madeira, Barbara Andraka-Christou

Articles by Maurer Faculty

Though intended to educate patients on the risks, benefits, side effects and alternatives within medical treatment, informed consent documents may have unanticipated consequences for patients. Patients may regard these forms as little more than a ritual to access treatment. Or patients may perceive that these forms exist to protect doctors rather than to contribute to a meaningful, patient-protective educational interaction. To rehabilitate the informed consent project, this essay considers the baggage that informed consent documents have acquired through practical use, explores patients' and providers' lived experience of informed consent, and considers whether a multimedia consent application would be a viable …

Resource Selection By Cougars: Influence Of Behavioral State And Season, Linsey W. Blake, Eric M. Gese

United States Department of Agriculture Wildlife Services: Staff Publications

An understanding of how a predator uses the landscape can assist in developing management plans. We modeled resource selection by cougars (Puma concolor) during 2 behavioral states (moving and killing) and 2 seasons (summer and winter) with respect to landscape characteristics using locations from global positioning system (GPS)-collared cougars in the Pryor Mountains, Montana and Wyoming, USA. Furthermore, we examined predation-specific resource selection at 2 scales (fine and coarse). When possible, we backtracked from cache sites to kill sites and used a fine-scale analysis to examine landscape characteristics of confirmed kills. At this fine scale, kill sites had …

Feral Swine Damage To Globally Imperiled Wetland Plant Communities In A Significant Biodiversity Hotspot In Florida, Richard M. Engeman, Steve L. Orzell, Rodney K. Felix, Eric A. Tillman, Gary Killian, Michael L. Avery

United States Department of Agriculture Wildlife Services: Staff Publications

We studied rooting damage during five-years of feral swine control at Avon Park Air Force Range, a significant botanical biodiversity hotspot in peninsular Florida with many globally imperiled plant species and communities. While control reduced swine abundance, remaining animals consistently rooted the 49 studied sites in both middle-dry season (MDS) and late-dry season (LDS) each year. At each study site, we measured rooting with sub-meter accuracy. Neither total nor proportional area rooted differed in either season, across study years, or among plant community types: herbaceous seepage slopes, wet pine savannas, wet grasslands. The proportion of sites with damage during MDS …