Digital Commons Network^™

Polishing The Apple: A Holistic Approach To Developing Public Health Law Educators As Leaders Of Change, Debra Gerardi

Faculty Scholarship

No abstract provided.

Navigating, Building, And Strengthening Relationships, Debra Gerardi, Nancy Vanderlip, Scott Partridge, Jeremy Lack

Faculty Scholarship

No abstract provided.

Juvenile Life Without Parole In Law And Practice: Chronicling The Rapid Change Underway, John Mills, Anna M. Dorn, Amelia Courtney Hritz

Faculty Scholarship

This Article provides a comprehensive examination of juvenile life without parole ('"LWOP") both as a policy and in practice. Beginning in 2010, the U.S. Supreme Court has repeatedly held that the Eighth Amendment of the U.S. Constitution restricts the reach of JLWOP sentences, first prohibiting it for non-homicide offenses, then proscribing its mandatory application for any offense, and, in 2016, clarifying that it may only be imposed in the rare instance in which a juvenile's homicide demonstrates his or her "irreparable corruption. " The legislative responses to these cases have been to either abandon or restrict JLWOP's application. These legislative …

Arbitration: Creature Of Contract, Pillar Of Procedure, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Constructions Of Arbitration’S Informalism: Autonomy, Efficiency, And Justice, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro Aragaki

Faculty Scholarship

In recent years, the U.S. Supreme Court has helped transform arbitration law into a radical private-ordering regime in which freedom of contract has come to eclipse public regulation. Arbitration jurisprudence justifies this transformation in part on a profound and longstanding commitment to the ideal of individual autonomy, understood as the freedom—lacking in litigation—to select a disputing process best suited to one’s needs. In this Article, I question the cogency of this justification. I argue, first, that autonomy has had different and sometimes conflicting meanings even within arbitration jurisprudence. Second, depending on the meaning one ascribes to autonomy, it is at …

Beyond Legality: Understanding The Legitimacy Of Executive Action In Immigration Law, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

Restorative Justice From The Margins To The Center: The Emergence Of A New Norm In School Discipline, Thalia Gonzalez

Faculty Scholarship

No abstract provided.

A Quiet Revolution: Mindfulness, Rebellious Lawyering And Community Practice, Thalia Gonzalez

Faculty Scholarship

No abstract provided.

From Global To Local: Domestic Human Rights Norms In Theory And Practice, Thalia Gonzalez

Faculty Scholarship

No abstract provided.

Exploring The Link Between Foliar Water Uptake Capacity And Climate In Coast Redwood, Yvette M. Ferreira

Cal Poly Humboldt theses and projects

Coast redwood (Sequoia sempervirens D. Don) depends on foliar water uptake from fog and rain to maintain water balance during the dry summer season. As fog and rain decline across the redwood region, understanding how foliar uptake capacity responds to climate has become increasingly important. This study investigated how three peripheral leaf traits that influence foliar water uptake, visible wax coverage, stomatal density, and guard cell length, vary across climatic gradients and how those traits affect uptake across 14 sites in California. Foliar water uptake was quantified using rain-chamber rehydration experiments, climatic predictors were evaluated using least absolute shrinkage …

New Grand Narratives—The Metaphysical Worldview Of Avatar And Cloud Atlas, Josef Früchtl

Contemporary Aesthetics (Journal Archive)

Referring to the films Avatar (2009) and Cloud Atlas (2012), the author will demonstrate that a new era of metaphysical holism follows Postmodernism. These films celebrate a resurrection of the flesh with 3-D technology and a reincarnation of souls with the aesthetic technique of morphing. However apocalyptic their visions of the future might be, and however much they might seem to worship technical megalomania, they are also and again conveying a resounding ethical message and a taste of Utopia.

Ontology And The Aesthetics Of Cinematographic Bodies, Jean-Yves Heurtebise

Contemporary Aesthetics (Journal Archive)

If it is true, as Bergson claimed, that the universe is the sum of images (less than “objective” things but more than “subjective” representations), and if it is correct, as Deleuze said, that this hypothesis bears direct consequences for our understanding of the cinematographic art, then the analysis of cinematographic images and, especially, of the cinematographic images of the body (this living part of matter, this incarnated form of consciousness) can provide not only interesting aesthetic comments about specific directors and films, but also a philosophical understanding of the diverse modes of the sensible incarnation of human bodies. Interestingly enough, …

Absolute Pitch And Tone Identification, Gilead Bar-Elli

Contemporary Aesthetics (Journal Archive)

Absolute pitch (AP), besides the psychological and neurological interests it has, raises some conceptual difficulties that can teach us about the richness of our notion of musical tone and various aspects of its identification. It is argued that when AP is conceived under a slim notion of identifying the pitch of a crude sound, it is hardly meaningful and has no significance in music comprehension. The rich notion, which is the meaningful and important one, involves knowing the position of a tone in a tone-space and its relations. This is presented as experiential: hearing and identifying tones under concepts and …

Report On The Xxth International Congress Of Aesthetics " Aesthetics And Mass Culture" Seoul National University, Seoul, South Korea, 24-29 July 2016, Michael Ranta, Jale N. Erzen

Contemporary Aesthetics (Journal Archive)

Photos of the Congress.

The Aesthetic Experiences Of Aura, Awe, And Wonder: Reflections On Their Nature And Relationships, Russell Quacchia

Contemporary Aesthetics (Journal Archive)

The aim of this essay is to examine the semantic nature and linkage between the experiential phenomena of aura, awe, and wonder, central to matters of the aesthetic experience. In aesthetic commentary these terms are generally used rather loosely, often independently of each other and, most often, without regard to the connections between them. It would seem worthwhile to examine the nature of each of these terms to move toward understanding them and their mutual relationships. The conclusions drawn are that the aura effect appears to operate universally at the cognitive level of the aesthetic experience while those of awe …

Human Nature And Aesthetic Ecosystem Services: Nature In The Service Of Humankind And Humankind In The Service Of Nature, Yrjö Sepänmaa

Contemporary Aesthetics (Journal Archive)

The term “ecosystem services” refers to the material and spiritual benefits and goods that we receive from nature, or, in a broad sense, from all kinds of environment. The various forms of such benefits have begun to be called services. Nature serves people by producing the material and spiritual (intangible, non-material) prerequisites for life. This is also the foundation of our aesthetic well-being. Does humankind reciprocally serve nature, or only itself through nature, with the intention of exploiting it? We see when nature suffers or flourishes, and we also observe our own effect on its state. As much as our …

The Importance Of The Artist's Intent, Daniel Conrad

Contemporary Aesthetics (Journal Archive)

Does considering artists' aesthetic intentions enrich our experience of art and enhance art’s aggregate value for human culture? By examining non-aesthetic intent, working motivations, biographical/historical context, and cases in which an announced intent drives aesthetic transformation, I argue that, while its specific value varies from case to case, aesthetic intent is a key part of our cumulative experience of art, correlates with specific neuroanatomical loci, and raises interesting and compelling questions specific to this age of automatized thinking.

Humor And Enlightenment, Part Ii: The Theory Applied, Peter H. Karlen

Contemporary Aesthetics (Journal Archive)

Part I of this article advanced a new theory of humor, the Enlightenment Theory, while contrasting it with other main theories, including the Incongruity, Repression/Relief/Release, and Superiority Theories. The Enlightenment Theory does not contradict these other theories but rather subsumes them. As argued, each of the other theories cannot account for all the aspects of humor explained by the Enlightenment Theory. Part II shows how the Enlightenment Theory meets challenging issues in humor theory where other theories falter, including failed humor, motivation for humor, tickling, laughing gas, and sadistic humor. Also mentioned are the Enlightenment Theory's application to literary and …

Positioning And Discernment: A Comment On Monique Roelofs's The Cultural Promise Of The Aesthetic, Kathleen M. Higgins

Contemporary Aesthetics (Journal Archive)

This essay offers replies to the critical commentaries on The Cultural Promise of the Aesthetic presented by Kathleen M. Higgins, Carolyn Korsmeyer, and Mariana Ortega. The essay shows how the probing questions and criticisms that the three commentators raise bring out details in the framework of relationality, address, and promises through which the book theorizes the aesthetic.

The Aesthetic And Its Resonances: A Reply To Kathleen M. Higgins, Carolyn Korsmeyer, And Mariana Ortega, Monique Roelofs

Contemporary Aesthetics (Journal Archive)

This essay offers replies to the critical commentaries on The Cultural Promise of the Aesthetic presented by Kathleen M. Higgins, Carolyn Korsmeyer, and Mariana Ortega. The essay shows how the probing questions and criticisms that the three commentators raise bring out details in the framework of relationality, address, and promises through which the book theorizes the aesthetic.

Evolutionary Escalation: The Bat–Moth Arms Race, John M. Ratcliffe

Dartmouth Scholarship

Echolocation in bats and high-frequency hearing in their insect prey make bats and insects an ideal system for studying the sensory ecology and neuroethology of predator–prey interactions. Here, we review the evolutionary history of bats and eared insects, focusing on the insect order Lepidoptera, and consider the evidence for antipredator adaptations and predator counter-adaptations. Ears evolved in a remarkable number of body locations across insects, with the original selection pressure for ears differing between groups. Although cause and effect are difficult to determine, correlations between hearing and life history strategies in moths provide evidence for how these two variables influence …

Assessing Differences Between Early And Later Adopters Of Accountable Care Organizations Using Taxonomic Analysis, Frances M. Wu, Stephen M. Shortell, Valerie A. Lewis, Carrie H. Colla, Elliott S. Fisher

Dartmouth Scholarship

Objective. To compare early and later adopters of the accountable care organization (ACO) model, using the taxonomy of larger, integrated system; smaller, physician-led; and hybrid ACOs. Data sources. The National Survey of ACOs, Waves 1 and 2.

Studydesign. Clusteranalysisusingthetwo-stepclusteringapproach,validatedusing discriminant analysis. Wave 2 data analyzed separately to assess differences from Wave 1 and then data pooled across waves. Findings. Compared to early ACOs, later adopter ACOs included a greater breadth of provider group types and a greater proportion self-reported as integrated delivery systems. When data from the two time periods were combined, a three-cluster solution similar to the original cluster …

Functional Mechanisms Underlying Pleiotropic Risk Alleles At The 19p13.1 Breast–Ovarian Cancer Susceptibility Locus, Kate Lawrenson, Siddhartha Kar, Karen Mccue, Karoline Kuchenbaeker, Kyriaki Michailidou, Jonathan Tyrer, Jonathan Beesley, Susan J. Ramus, Qiyuan Li, Melissa K. Delgado, Janet M. Lee, Kristiina Aittomäki, Irene L. Andrulis, Hoda Anton-Culver, Volker Arndt, Banu K. Arun, Brita Arver, Elisa V. Bandera, Monica Barile, Rosa B. Barkardottir, Daniel Barrowdale, Matthias W. Beckmann, Javier Benitez, Andrew Berchuck, Maria Bisogna, Line Bjorge, Carl Blomqvist, William Blot, Natalie Bogdanova, Anders Bojesen, Stig E. Bojesen, Manjeet K. Bolla, Bernardo Bonanni, Anne-Lise Børresen-Dale, Hiltrud Brauch, Paul Brennan, Hermann Brenner, Fionna Bruinsma, Joan Brunet, Shaik Ahmad Buhari, Barbara Burwinkel, Ralf Butzow, Sandra S. Buys, Qiuyin Cai, Trinidad Caldes, Ian Campbell, Rikki Canniotto, Jenny Chang-Claude, Jocelyne Chiquette, Ji-Yeob Choi, Kathleen B.M Claes, Gemo Study Collaborators, Linda S. Cook, Angela Cox, Daniel W. Cramer, Simon S. Cross, Cezary Cybulski, Kamila Czene, Mary B. Daly, Francesca Damiola, Agnieszka Dansonka-Mieszkowska, Hatef Darabi, Joe Dennis, Peter Devilee, Orland Diaz, Jennifer A. Doherty

Dartmouth Scholarship

A locus at 19p13 is associated with breast cancer (BC) and ovarian cancer (OC) risk. Here we analyse 438 SNPs in this region in 46,451 BC and 15,438 OC cases, 15,252 BRCA1 mutation carriers and 73,444 controls and identify 13 candidate causal SNPs associated with serous OC (P = 9.2 X 10^-20), ER-negative BC (P = 1.1 X 10^-13), BRCA1 -associated BC (P = 7.7 X 10^-16) and triple negative BC (P-diff = 2 X 10^-5). Genotype-gene expression associations are identified for candidate target genes ANKLE1 (P = 2 X 10^{-3 …}

Maximizing The Benefit-Cost Ratio Of Anthracyclines In Metastatic Breast Cancer: Case Report Of A Patient With A Complete Response To High-Dose Doxorubicin, Kevin Shee, Alan T. Kono, Susan P. D'Anna, Mark A. Seltzer, Xiaoying Lu, Todd W. Miller, Mary D. Chamberlin

Dartmouth Scholarship

Despite the clinical efficacy of anthracycline agents such as doxorubicin, dose-limiting cardiac toxicities significantly limit their long-term use. Here, we present the case of a 33-year-old female patient with extensive metastatic ER+/PR+/HER2– mucinous adenocarcinoma of the breast, who was started on doxorubicin/cyclophosphamide therapy after progressing on paclitaxel and ovarian suppressor goserelin with aromatase inhibitor exemestane. The patient was comanaged by cardiology, who carefully monitored measures of cardiac function, including EKGs, serial echocardiograms, and profiling of lipids, troponin, and pro-BNP every 2 months. The patient was treated with the cardioprotective agent dexrazoxane, and changes in cardiac markers [e.g. decreases in ejection …