Digital Commons Network^™

Phase Transformation And Deformation Behavior Of Niti-Nb Eutectic Joined Niti Wires, Liqiang Wang, Cong Wang, Laichang Zhang, Liangyu Chen, Weijie Lu, Di Zhang

Research outputs 2014 to 2021

NiTi wires were brazed together via eutectic reaction between NiTi and Nb powder deposited at the wire contact region. Phase transformation and deformation behavior of the NiTi-Nb eutectic microstructure were investigated using transmission electron microscopy (TEM) and cyclic loading-unloading tests. Results show that R phase and B19′ martensite transformation are induced by plastic deformation. R phase transformation, which significantly contributes to superelasticity, preferentially occurs at the interfaces between NiTi and eutectic region. Round-shaped Nb-rich phase with rod-like and lamellar-type eutectics are observed in eutectic regions. These phases appear to affect the deformation behavior of the brazed NiTi-Nb region via five …

Fine Particulate Air Pollution And Hospital Emergency Room Visits For Respiratory Disease In Urban Areas In Beijing, China, In 2013, Qin Xu, Xia Li, Shuo Wang, Chao Wang, Fangfang Huang, Qi Gao, Lijuan Wu, Lixin Tao, Jin Guo, Wei Wang, Xiuhua Guo

Research outputs 2014 to 2021

Background

Heavy fine particulate matter (PM_2.5) air pollution occurs frequently in China. However, epidemiological research on the association between short-term exposure to PM_2.5 pollution and respiratory disease morbidity is still limited. This study aimed to explore the association between PM_2.5 pollution and hospital emergency room visits (ERV) for total and cause-specific respiratory diseases in urban areas in Beijing. Methods Daily counts of respiratory ERV from Jan 1 to Dec 31, 2013, were obtained from ten general hospitals located in urban areas in Beijing. Concurrently, data on PM_2.5 were collected from the Beijing Environmental Protection Bureau, …

Changes In The Plasma Proteome At Asymptomatic And Symptomatic Stages Of Autosomal Dominant Alzheimer's Disease, Julia Muenchhoff, Anne Poljak, Anbupalam Thalamuthu, Veer Gupta, Pratishtha Chatterjee, Mark Raftery, Colin Masters, John Morris, Randall Bateman, Anne Fagan, Ralph Martins, Perminder Sachdev

Research outputs 2014 to 2021

The autosomal dominant form of Alzheimer's disease (ADAD) is far less prevalent than late onset Alzheimer's disease (LOAD), but enables well-informed prospective studies, since symptom onset is near certain and age of onset is predictable. Our aim was to discover plasma proteins associated with early AD pathology by investigating plasma protein changes at the asymptomatic and symptomatic stages of ADAD. Eighty-one proteins were compared across asymptomatic mutation carriers (aMC, n = 15), symptomatic mutation carriers (sMC, n = 8) and related noncarriers (NC, n = 12). Proteins were also tested for associations with cognitive measures, brain amyloid deposition and glucose …

Motherhood And Female Identity In Oriana Fallaci And Valeria Parrella: A Case Of Literary Matérnage?, Aureliana Di Rollo

Research outputs 2014 to 2021

Contemporary women writers have provided a wide range of interpretations of the relationship between motherhood and female identity, drawing into their stories a range of issues related to the various experiences of motherhood. Among this rich variety, I analyse here two contemporary Italian novels: Lo spazio bianco (2008) by Valeria Parrella, and Lettera a un bambino mai nato (1975) by Oriana Fallaci. I argue that Parrella engages with the same question tackled by Fallaci thirty years earlier: can motherhood find its place in the life of an independent woman? Have thirty years opened up any possibility of negotiating a different …

Measuring The Value Of Cultural Activity In Regional Western Australia, Helen Rusak

Research outputs 2014 to 2021

This research represents the collaboration between Country Arts Western Australia (CAWA) and Edith Cowan University (ECU) to measure the intrinsic value of presenting cultural programs that have benefitted from the Royalties for Regions investment in regional WA. This investigation is informed by value-based methodologies. It has thus far involved developing data gathering instruments to measure the intrinsic value of cultural activities supported by CAWA in 2016 and test them in four of the nine regions of WA. It involves capturing public values data on the contribution of the arts in regional WA. In doing so it seeks to articulate the …

Concert Recording 2016-10-19a, Henry Bowen, Tyler Weaver, Ashton Johnson, Zachariah Davis, University Of Arkansas, Fayetteville. Natural State Trombone Quartet

Concert Recordings & Programs

Concert piece. II. Very slowly ; I. Allegro / Fisher Tull

Towards Trialectic Space: An Experiment In Cultural Misunderstanding And Disorientation, Clive Barstow

Research outputs 2014 to 2021

This paper presents a praxical model of collaboration between artists in Australia and China in which the misrepresentation and misinterpretation of language (Ang 1997) within Homi Bhabha’s (1990) thirdspace theories are examined. To avoid the polarities of othering (Dervin, 2014), I adopt Henri Lefebvre’s model of cumulative trialectics (1991) as a new thirdspace that more accurately represents the complexities of modern day geographies and hybrid communities by extending the binary analysis of the past and present and beyond the real and the imagined. Trialectics expand our understanding beyond physical geographies by suggesting a cerebral space that searches for new meaning …

What Is Era Really Measuring?, Lyndall Adams, Clive Barstow, Paul Uhlmann

Research outputs 2014 to 2021

How successful is ERA in measuring creative research? The ERA (2015) results would appear to advantage: citations over peer review, traditional research over non-traditional outputs and certain geographical locations over others. If indeed this is true, what are the implications for the future development of NTOs in this country given the recent article by NAVA (Winikoff, 2016), presenting the debate about the state of play of our art schools as one of survival and loss. The case for survival is one that needs to be closely examined where local and geographical factors are at play.

"Life Beyond Life": Reading Milton's Areopagitica Through Enlightenment Vitalism, Erik L. Johnson

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

When Local Government Misbehaves, Shelley Ross Saxer

Utah Law Review

This Article addresses one of the lingering questions following the Supreme Court’s decision in Koontz v. St. Johns River Water Management District. In that land use case, the Court held that proposed local government monetary exactions from property owners to permit land development were subject to the same heightened scrutiny test as imposed physical exactions. The Court left unanswered the question of how broadly this heightened scrutiny should be applied to other monetary obligations imposed by the government. The Article argues that “in-lieu” exactions that are individually assessed as part of the permitting process should be treated differently than the …

Public Participation In Risk Regulation: The Flaws Of Formality, Emily Hammond

Utah Law Review

Dread risks draw significant public attention in both the administrative process and the courts. Yet there are a number of dysfunctions at the intersection of procedures, participation, and agency decision-making regarding such risks. This Article elaborates the participatory dysfunctions for dread risk regulation, considering formal APA procedures as well as casting complexity as a variety of formality. Inspired by recent executive actions for improving participation and incorporating social science insights into the regulatory process, this Article sets a research agenda that spans the fields of risk perception, procedural justice, and administrative law.

Rluipa And The Limits Of Religious Institutionalism, Zachary Bray

Utah Law Review

What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …

The Neoliberal Turn In Environmental Regulation, Jason J. Czarnezki, Katherine Fiedler

Utah Law Review

Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …

Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press, Erin C. Carroll

Utah Law Review

Until the modern-day press can determine how to profit from investigative journalism and begin to provide the kind of accountability reporting traditionally practiced by newspaper reporters, it needs a legal boost. Providing legal preferences for the press is nothing new, but it has not been done meaningfully for too long. Preferences that account for an unrelenting news cycle and the possibilities for instantaneous distribution of the news are needed.

FOIA is a logical place to start. Its goal is the promotion of transparency and democracy. But it too has long faltered in achieving this goal and, by many measures, is …

Counting Casualties In Communities Hit Hardest By The Foreclosure Crisis, Matthew J. Rossman

Utah Law Review

The Foreclosure Crisis wreaked havoc on the finances of American households in a manner and to a degree not seen in almost a century. While most areas of the country are well on the road to recovery, the Crisis caused fundamental damage to the housing markets of some communities resulting in home-value declines that bear little hope of a meaningful recovery in the near future. Homeowners in these Hardest Hit Communities have suffered a serious economic loss on what is likely their principal asset, due in most cases to circumstances completely beyond their own control.

The best long-term approach to …

Restructuring Municipal Bankruptcy, Laura Napoli Coordes

Utah Law Review

What sorts of legal relief should be available to a municipality in financial distress? Chapter 9 of the Bankruptcy Code has served as an option of last resort for many municipalities over the years. But as this Article illustrates, Chapter 9 arguably falls short of an effective solution and at times seems to contravene the foundational principles underlying bankruptcy law. By examining recent Chapter 9 filings, this Article presents a comprehensive analysis of how and why Chapter 9 has failed to address the problems that characterize municipal insolvencies. It argues that Chapter 9, in both practice and principle, has proved …

Mediation As Regulation: Expanding State Governance Over Private Disputes, Lydia Nussbaum

Utah Law Review

Across the United States, state legislatures are issuing new mediation mandates that govern how private parties resolve their disputes. Legislatures embed these mediation mandates into specific statutory regimes ranging from foreclosure to health care to insurance coverage. Rather than leave decisions about ADR design to other state institutions, like courts or administrative agencies, legislatures increasingly retain that authority and formalize the mediation process with legal requirements that regulate parties’ behavior and influence mediation outcomes. This Article explains how legislatures wield mediation as a regulatory tool in this latest phase of mediation’s institutionalization. It argues that statutory mediation mandates should be …

Property Or Currency? The Tax Dilemma Behind Bitcoin, Scott A. Wiseman

Utah Law Review

At Bitcoin’s peak in November 2013, there were 93,000 global transactions made in a single day. These users purchased everyday items such as personal services, food, and real estate. This alone suggests that Bitcoin is not primarily used as a long-term investment tool, but rather is used as a currency and a vehicle for global transactions. Congress and the IRS should regulate it accordingly. Representative Stockman’s Virtual Currency Reform Act offered an attempt to negate the IRS decision and officially classify Bitcoin and other virtual currencies as currency instead of property. A tax reclassification would alleviate typical users’ many inconveniences …

Same-Sex Harassment After Boh-Brothers, Alex Reed

Utah Law Review

Because Equal Employment Opportunity Commission v. Boh Brothers Construction Company ostensibly represents the first faithful application of the gender-stereotyping theory in the context of same-sex harassment litigation, additional courts may elect to abandon the objective-evidence standard in favor of adopting the Fifth Circuit’s subjective-perception test. Employers, therefore, must resist the temptation to dismiss Boh Brothers as a legal aberration confined to the Fifth Circuit and instead take steps to prepare for the possibility of a legal environment in which overtly masculine men and patently feminine women may assert viable same-sex harassment claims. By eliminating the requirement that harassees exhibit readily …

Mapping Citizenship: Status, Membership, And The Path In Between, D. Carolina Núñez

Utah Law Review

The concept of citizenship poses an interesting asymmetry: though all citizens receive the same rights and obligations on equal terms, citizenship is not distributed to individuals on equal terms. In the United States, some are citizens by virtue of birth within the national territory or birth to citizen parents. Others must undergo the process of naturalization. Different citizenship rules appear to solve for different variables, and it is not clear whether and how those variables relate to one another. This Article begins unraveling the paradox. It argues that the apparent paradox results from a failure to understand the relationship between …

Startups And Unmet Legal Needs, Alice Armitage, Evan Frondorf, Christopher Williams, Robin Feldman

Utah Law Review

Our survey results demonstrate that startup companies are exposed to a wide variety of legal needs from an early stage: when attorneys associated with the Startup Legal Garage were asked to handle a company’s most pressing legal needs, the average startup received assistance with over three distinct legal matters over the course of a thirteen-week academic semester. These issues often spanned multiple categories. Although matters frequently touched on a variety of topics within companies, strong similarities emerged in the types of issues faced by all startups in our sample. Almost 90% of the legal matters addressed by Startup Legal Garage …

Altering Rules, Cumulative Voting, And Venture Capital, John F. Coyle

Utah Law Review

Legal scholars have long debated the proper balance betweenmandatory and default rules in corporate law. One group — the contractarians — maintain that corporatelaw should function as an off-the-rack set of default rules that approximate, as much as possible,the rules that the transacting parties would have agreed to if bargaining were costless. The contractarians are generally skeptical of mandatory rules because they interfere with the ability of the parties to decide for themselves how to organize their economic relationships. Another group of scholars—the anti - contractarians — have argued that corporate law should seek to achieve certain regulatory objectives separate …

The Entrepreneurial Commons: Reframing The Relationship Between Intellectual Property And Entrepreneurship, Michael J. Burstein

Utah Law Review

Reconceptualizing entrepreneurial activity as a knowledge commons leads us to ask a different set of questions than previous studies have, and to utilize a different set of methodological tools. As Part II described, existing approaches to understanding the relationship between IP and entrepreneurship focus on the firm and its reactions to various IP laws. By contrast, to the extent that the exemplar entrepreneurial activities described in Part III can be described as instances of commons governance, the analysis must necessarily be broader. The knowledge commons framework forces us to acknowledge that much of information production and dissemination depends on relationships …

The Interconnections Between Entrepreneurship, Science, And The Patent System, Amy Landers

Utah Law Review

This Article considers several related points about the recent changes to the patent system and the opportunities for entrepreneurship. The concern about the adverse effect of the recent changes to patent law on innovation may be overstated. As a practicalmatter, the concept that patents are a necessary input to innovation is built on a model that does not account for the complex relationship between this legal system, science, and innovation. Although it can be expected that there may be some adverse impacts from these decisions, this trend opens up the opportunity for entrepreneurship. By releasing more foundational information into the …

Inclusive Crowdfunding, Andrew A. Schwartz

Utah Law Review

Retail crowdfunding under Title III of the JOBS Act has a fundamental advantage over accredited crowdfunding and intrastate crowdfunding: the value of inclusivity. What that is worth in a given instance may be difficult to calculate, but it is surely more than zero. This is one reason to expect that retail crowdfunding, once it commences, may prove more successful than many commentators anticipate.

Alice Was No Rabbit Hole: Why Software Inventors Should Be Neither Surprised, Nor Alarmed, Sherman Helenese

Utah Law Review

Trade secrets offer an alternative to patent - ineligible innovations and to the problems and perils of protecting, defending and enforcing patents. Although there is currently limited trade secret legislation on the national level, nearly all states have adopted, with little substantive variation, the Uniform Trade Secrets Act. Unlike patent - eligibility requirements that precluded software in Gottschalk, Diehr, Alice, and Tenon from patent protection, no trade secret is automatically deemed out of scope. Trade secrets encompass anything of value, so long as it is not generally known and reasonable steps are taken, such as the use …

50th Annual William H. Leary Lecture - Fifty Years Of Constitutional Law: What's Changed?, Erwin Chemerinsky

Utah Law Review

I truly believe that over the next fifty years there will be, as there was in the prior fifty years, an expansion of freedom; an increase in equality. Because here I believe, and I’ll conclude with this, that the late Dr. Martin Luther King got it right when he said “The arc of the moral universe is long but it bends towards justice."

Decriminalizing Polygamy, Casey E. Faucon

Utah Law Review

Polygamous families are our national outlaws. Despite the expansion of sexual rights and marriage equality in the U.S., polygamy remains a crime. Challenging that stigma is the Brown family, who star in the reality TV show “Sister Wives” and who practice polygamous marriageas a tenet of their religion. The Browns filed suit against multiple Utah state actors in federal district court, challenging Utah’s polygamy statute as unconstitutional in violation of their Free Exercise of Religion, substantive Due Process, and Equal Protection rights. The district court agreed and decriminalized informal polygamy in Utah. On appeal, the Tenth Circuit reversed the district …

From Rights To Dignity: Drawing Lessons From Aid In Dying And Reproductive Rights, Yvonne Lindgren

Utah Law Review

The transformation of AID from a constitutional rights frame to a healthcare frame highlights the importance of developing a healthcare model related to dignity that isundergirded by social support, legal rights and healthcare access. However, the history of the abortion right cautions against narrowly identifying healthcare within the confines of the individual doctor-patient relationship because it risks subordinating the decisional autonomy of patients to the decision-making of their doctors. Taken together, these movements gesture toward situating rights within a healthcare framing that considers how social, political and economic systems and relationships come to bear upon decision-making. I conclude that while …

Evading The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee

Utah Law Review

Cyberbullying has received increasing societal attention in the aftermath of the tragic suicides of some of its youngest and most vulnerable victims. In this Article, I have argued that cyberbullying is so harmful, in and of itself, that it should be afforded diminished First Amendment protections. I have also advocated for a narrow definition of cyberbullying that incorporates the three elements of the prevailing social scientists’ definition of “bullying” as it relates to cyberbullying: (1) intent to harm; (2) repetition; and (3) power imbalance between cyberbully and victim.