Digital Commons Network^™

Statutory Junk, David Schoenbrod

Articles & Chapters

Much as “space junk”—the debris that past space missions have left in earth’s orbit—can disable a current space mission, obsolete statutory commands that Congress has left on the books can keep an administrative agency from accomplishing its current mission. This statutory junk has proliferated in recent decades because Congress has shifted from giving agencies open-ended authority to commanding them in exacting detail, but often fails to revise these commands after changing circumstances have made the old commands perverse. Congress fails because, contrary to the suppositions of some law professors, this delegation allows legislators to shift blame to the agency for …

The Insanity Defense: Nine Myths That Will Not Go Away, Michael L. Perlin

Articles & Chapters

Writing about the insanity defense over a quarter of a century ago, the author of this chapter stated: "Until we 'unpack' the empirical and social myths that underlie our misconceptions about the insane and the insanitydefense and hold us in a paralytic thrall, we cannot begin to move forward." Some five years later, he began a full-length book on the insanity defense by alleging, "Our insanity defense jurisprudence is incoherent." Five years after that, he concluded that "we as a society remain fixated on the insanity defense as a symbol of all that is wrong with the criminal justice system …

Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward

Articles & Chapters

No abstract provided.

I'Ve Got My Mind Made Up: How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

Articles & Chapters

Courts are, and have always been, teleological in cases involving litigants with mental disabilities. By “teleological,” I refer to outcome-determinative reasoning; social science that enables judges to satisfy predetermined positions is privileged, while data that would require judges to question such ends are rejected. In this context, judges treat biologically-based evidence in criminal cases involving questions of mental disability law so as to conform to their pre-existing positions. This applies to cases involving questions of the death penalty, the insanity defense, civil competency, incompetency to stand trial, questions related to malingering, and criminal sentencing, and more.

In this paper, I …

Genetic Studies Of Winter Hardiness In Pisum Sativum L., Courtney J. Holdt

Plant Sciences

Pea (Pisum sativum L.) is valued for its high protein content and symbiotic nitrogen fixation. The use of pea as a green manure and cover crop in rotations has been increasing. Pea is grown as a winter crop but current varieties are not able to survive the harsh winter of areas like North Dakota. This study has developed a protocol to select for winter hardiness in a greenhouse setting using a freeze chamber. Selections were made after acclimating for 4 weeks and freezing to -8°C. The protocol was used on a subset of two recombinant inbred line populations, Pril-1 (‘Shawnee’/ …

Response Of Russet Burbank Seed Tubers Containing Glyphosate And Dicamba Residues, Nelson Dee Geary

Plant Sciences

The introduction of dicamba-tolerant soybean will increase the risk of potato injury to dicamba. The objective was to determine the effects of ‘Russet Burbank’ potato seed tuber emergence and yield that were exposed to dicamba and glyphosate the previous year. Field experiments were conducted in 2016 and 2017 to evaluate seed tubers from mother plants that were treated the previous year with glyphosate (8, 40 and 197 g ae ha-1), dicamba (4, 20 and 99 g ai ha-1) and glyphosate plus dicamba. The rates of 99 g ha-1 dicamba, 197 g ha-1 glyphosate and combination of rates caused 17 to …

Quantification Of Disease Expression Conferred By Three Host Gene-Necrotrophic Effector Interactions In The Wheat-Parastagonospora Nodorum Pathosystem, Amanda Rose Peters

Plant Sciences

Septoria nodorum blotch is a wheat foliar and glume disease caused by Parastagonospora nodorum, a necrotrophic fungal pathogen. Snn1-SnTox1, Snn3-B1-SnTox3, and Tsn1-SnToxA are three important interactions between wheat necrotrophic effector sensitivity genes and P. nodorum effectors. I evaluated a recombinant inbred population that segregated for these three necrotrophic effector sensitivity genes with P. nodorum isolates containing various combinations of the three corresponding necrotrophic effectors. The Tsn1-SnToxA and Snn3-B1-SnTox3 interactions explained up to 32.7 and 21.2% of the disease variation, respectively, when present. For most isolates the Snn1-SnTox1 interaction did not show a significant effect, however for some isolates, the interaction …

Yield-Limiting Factors In North Dakota Soybean Fields, Jordan Stanley

Plant Sciences

Average soybean [Glycine max (L.) Merrill] yields in North Dakota remain below north central USA averages, and crop yield potentials. The effect of planting date (PD), cultivar relative maturity (RM), and seeding rate (SR), on yield, were evaluated in 821 producer fields in 2014-2016 seasons. Crop management varied by location. State average PD was 19 May, and planting after 1 May reduced yield average 0.4% d-1. Planting a cultivar with 0.1 RM earlier than recommended reduced yield by 1.3%. Producers estimated seedling mortality at 10%; when observed, it was 12.3%. An additional 7.9% reduction of established population occurred in-season. In-season …

Delayed Harvest Affects Quality Of Durum Wheat, Patricia Alejandra Cabas-Lühmann

Plant Sciences

Harvest can be delayed for many reasons. This research was conducted to determine the effect of delayed harvest on grain and semolina quality of durum wheat (Triticum turgidum L. ssp. durum [Desf.] Husn.). Twelve durum cultivars were planted in eight-row plots with four replicates at three environments. Two rows were harvested at four harvest times that were spaced about one week apart. The trend for all cultivars was for an increase in percent of large kernels, kernel brightness, 1000-kernel weight, and semolina gluten index with delayed harvest, while grain yield, test weight, kernel vitreousness, falling number, grain yellow pigment, and …

Identification Of New Sources Of Resistance To Anthracnose In Climbing Bean Germplasm From Guatemala, Carlos Raul Maldonado Mota

Plant Sciences

Anthracnose, caused by Colletotrichum lindemuthianum (Sacc. and Magnus) Briosi and Cavara is a fungal disease that affects common bean worldwide. Seed yield loses sometimes reach 100% when the seed is infected and environmental conditions favor the disease. Climbing beans in Guatemala represent the main source of protein for the habitants of this region (9.4 kg/person/year). Unfortunately, anthracnose threatens climbing bean production in the region. Six races were found among samples collected in Guatemala Highlands using the standard common bean differential lines. Also, a germplasm collection from ICTA Guatemala was evaluated for resistance to C. lindemuthianum race 73, which is the …

Nitrogen Fertilizer Types And Application Timing On Hard Red Spring Wheat Productivity And Grain Protein, Calli Feland

Plant Sciences

The balance of improving hard red spring wheat (Triticum aestivum L. emend Thell) yield while maintaining grain protein concentration continues to be a challenge in agriculture. The objective of the field research was to evaluate N fertilizer types, additives, rates, and application timing to find N management strategies that improved the efficiency of the applied N with regards to both grain protein and yield. Another aspect of this study was to determine if ground-based active sensor data can predict grain yield and/or protein content. Fertilizer treatments consisted of 2 application timings, 3 sources of N, 3 rates of N, and …

Biotic And Abiotic Factors Affecting The Survival Of Listeria Monocytogenes In Prairie Pothole Soils And Sediments, Nicholas Stephen Dusek

Plant Sciences

The diversity-invasion relationship states that more diverse communities are more resistant to invasion. Listeria monocytogenes – a gram-positive facultative anaerobe, soil saprotroph, and opportunistic human pathogen – is capable of surviving in a diverse range of habitats, including soil, and several recent studies have shown that the prevalence of L. monocytogenes in soil increases with proximity to surface water. In addition, L. monocytogenes resides frequently in the guts of ruminants and poultry, creating many opportunities for deposition in soil. However, little work has been done to examine the effects of native soil microbiota on the survival of the pathogen. This …

Soybean Response To Nitrogen And Sulfur Fertilization, Benjamin Cigelske

Plant Sciences

Soybean [Glycine max (L.) Merrill.] yields in North Dakota have not yet reached their genetic potential. Applying fertilizers may increase yields. This study was conducted to understand the impact of nitrogen (N) and sulfur (S) fertilization on soybean plant density, vigor, greenness, height, yield, test weight, protein and oil content, nodulation, vegetation, and root growth. Two varieties were planted in experiments across ten environments during 2015-2016. Yield differed between environments (up to 77%). Varieties responded differently to N and S fertilizer. Nitrogen (56 kg N ha-1) in the form of broadcast incorporated urea increased vigor (13%) and yield (3.6%) but …

The Practice - And Rule - Of Law, Stephen Ellmann

Articles & Chapters

No abstract provided.

Vital Tissues Of The Spirit: Constitutional Emotions In The Antebellum United States, Doni Gewirtzman

Articles & Chapters

This Chapter provides a framework for examining the ambivalent and reciprocal relationship between emotions and constitutional law through three interrelated lenses: text, instrument, and symbol. In the years before the Civil War, discourse about feelings impacted institutional struggles for interpretive supremacy over the constitutional text, affected the Constitution’s ability to function as a legal mechanism for emotion management, and shaped its status as a national symbol.

"Toiling In The Danger And In The Morals Of Despair": Risk, Security, Danger, The Constitution, And The Clinician's Dilemma, Michael L. Perlin, Alison Lynch

Articles & Chapters

Persons institutionalized in psychiatric hospitals and “state schools” for those with intellectual disabilities have always been hidden from view. Such facilities were often constructed far from major urban centers, availability of transportation to such institutions was often limited, and those who were locked up were, to the public, faceless and often seen as less than human.

Although there has been regular litigation in the area of psychiatric (and intellectual disability) institutional rights for 40 years, much of this case law entirely ignores forensic patients – mostly those awaiting incompetency-to-stand trial determinations, those found permanently incompetent to stand trial, those acquitted …

Privacy Setting Recommendation For Image Sharing, Jun Yu, Zhenzhong Kuang, Zhou Yu, Dan Lin, Jianping Fan

Computer Science Faculty Research & Creative Works

This paper aims to simultaneously consider two inseparable issues for privacy setting recommendation: (1) sensitiveness of visual content of the images being shared; and (2) trustworthiness of users being granted. First, an object-based approach is developed for image content sensitiveness (privacy) representation. Secondly, the users on a social network are clustered into a set of representative social groups to generate a discriminative dictionary for user trustworthiness characterization. Finally, a tree classifier is trained hierarchically to recommend appropriate privacy settings for image sharing.

Laboratory And Full Boom-Based Investigation Of Nozzle Setup Error Effects On Flow, Pressure, And Spray Pattern Distribution, Shane H. Forney, Joe D. Luck, Michael F. Kocher, Santosh Pitla

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Pesticide application is an integral part of crop production, and ground-based agricultural boom sprayers are used extensively to apply pesticides to the crop canopy or soil surface across millions of acres in the United States. Efficient application is necessary to minimize costs and limit adverse environmental impacts. The goals of this study were to provide quantified measurements on the effects of nozzle setup errors on spray pattern uniformity and evaluate how laboratory patternator-based simulations would compare to measurements on a full spray boom. More specific objectives were to determine the effects of factors such as nozzle lateral angle, nozzle spacing, …

Tractor Power Take-Off Torque Measurement And Data Acquisition System, James B. W. Roeber, Santosh K. Pitla, R. M. Hoy, J. D. Luck, Michael F. Kocher

Department of Agricultural and Biological Systems Engineering: Faculty Publications

With the mechanization of agricultural operations, agricultural machinery management has become an extensive research field. Sizing tractors and implements to provide the most efficient power transfer has become an ongoing process with advances in technology. Utilization of the rotational power transferred through gear trains from the tractor engine to the power take-off (PTO) shaft is one of the most efficient methods of power transfer to an implement. This research used commercially available torque sensors that were installed on a tractor PTO shaft for measuring the torque delivered to an implement. The torque sensor was calibrated using the Nebraska Tractor Test …

Laboratory And Full Boom-Based Investigation Of Nozzle Setup Error Effects On Flow, Pressure, And Spray Pattern Distribution, S. H. Forney, J. D. Luck, Michael F. Kocher, Santosh K. Pitla

Department of Agricultural and Biological Systems Engineering: Faculty Publications

Pesticide application is an integral part of crop production, and ground-based agricultural boom sprayers are used extensively to apply pesticides to the crop canopy or soil surface across millions of acres in the United States. Efficient application is necessary to minimize costs and limit adverse environmental impacts. The goals of this study were to provide quantified measurements on the effects of nozzle setup errors on spray pattern uniformity and evaluate how laboratory patternator-based simulations would compare to measurements on a full spray boom. More specific objectives were to determine the effects of factors such as nozzle lateral angle, nozzle spacing, …

Qualitative Diversity: Affirmative Action's New Reframe, Eang Ngov

Faculty Articles

No abstract provided.

Twombly And Iqbal At The State Level, Roger Michalski, Abby Wood

Faculty Articles

This article contributes to the empirical literature on pleading standards by studying the effect of Twombly and Iqbal at the state level. States account for the majority of civil litigation, yet they are understudied doctrinally and empirically. When we consider pleading at the state level, we can leverage differences across space and time in a way that is impossible with studies of federal courts. Using an array of principled empirical approaches on the best available data, we find no evidence that raising pleading standards affected plaintiff behavior. We observe no decrease in filings and no significant change in complaint length, …

Breaking The Boilerplate Habit In Civil Discovery, Steven S. Gensler, Lee Rosenthal

Faculty Articles

No abstract provided.

Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson

Faculty Articles

In 1964, the comic world was introduced to its first physically disabled practicing attorney: Matt Murdock. Initially a proud graduate of "State College" and later more impressively pedigreed as a graduate of either Columbia or Harvard Law, Murdock supplemented his day job as attorney with a side of vigilante justice as Daredevil. In 2003, Murdock became the only attorney superhero to appear as the title character in a movie. A truly awful movie, yes, but a movie all the same. And then in 2015, thanks to the talents of Drew Goddard, Murdock became the star of a terrific television series. …

Disentangling The Right Of Publicity, Eric E. Johnson

Faculty Articles

Despite the increasing importance attached to the right of publicity, its doctrinal scope has yet to be clearly articulated. The right of publicity supposedly allows a cause of action for the commercial exploitation of a person's name, voice, or image. The inconvenient reality, however, is that only a tiny fraction of such instances are truly actionable. This Article tackles the mismatch between the blackletter doctrine and the shape of the case law, and it aims to elucidate, in straightforward terms, what the right of publicity actually is. This Article explains how, in the absence of a clear enunciation of its …

Rulemaking Ex Machina, Melissa Mortazavi

Faculty Articles

Emerging technologies promise to expedite administrative rulemaking by analyzing public input through computerized natural language rather than clunky, old human brains. Moving far beyond software that keyword searches and deduplicates content, natural language processing (as a type of predictive coding) employs artificial intelligence that adapts and modulates depending on inputs, rendering it fluid and dynamic. With the current concerted push to streamline agencies, the question of how and when to use automation in rulemaking will likely be decided in the next year. Considering that recently, a single proposed rule garnered over 3.7 million public comments, mechanisms that can make comprehending …

Relationships Among Health Counseling Training Experiences And Time Engaged In Counseling, Percentage Of Patients Counseled, Practitioner Confidence, And Perceived Importance, Stephen Edward Lupe

Theses and Dissertations

In the current healthcare system, the need for collaborative care is higher than ever. With current reforms in reimbursement and healthcare policies, it is becoming increasingly necessary for psychologists and other practitioners to break ranks with their traditional roles and to participate as a part of a multidisciplinary team that works in collaboration with other healthcare professionals. This study aims to look at the health counseling behaviors of psychologists and graduate psychology students from an APA accredited clinical psychology graduate program. It aims to examine the relationships among health counseling training variables and time spent engaging in health counseling, highest …

Biological, Cognitive And Psychosocial Variables Associated With Female Students’ Pursuit Of Stem Or Non-Stem Major In College, Anna Brenner Shuman

Theses and Dissertations

In the United States a disproportionately small number of women entering the field of science, technology, engineering and mathematics (STEM). This results in women missing out on job opportunities with better earning potential, and influence over the products they use. The current study examined variables involved in female college students’ choice of STEM or non-STEM majors in college. The predictive variables of interest included biological factors (i.e. the relative length of finger digits 2 and 4, and maturation rate as indicated by puberty onset, menarche), cognitive abilities (i.e. mental rotation and quantitative performance scores on college entrance exams), and psychosocial …

Unilateral Corporate Regulation, William Magnuson

Faculty Scholarship

Corporations today wield unprecedented power in politics and society, and they have a tremendous effect on human welfare around the globe. At the same time, they are increasingly difficult to regulate. Corporations are savvy and mobile, and they can relocate to avoid burdensome domestic regulation with surprising ease. The agility of corporations creates a dilemma for government decisionmakers seeking to balance the need to attract the wealth that corporations create with the desire to pursue other policy priorities. One potential approach that governments have used to address this dilemma is international cooperation, and a growing number of scholars have argued …

Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon

Faculty Scholarship

The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute. But these are not discreet functions: they bleed into one another and are thus interdependent. This article aims to reveal-at least in part-how judges approach this process. To do so, I look at three sets of civil RICO cases that align and diverge from civil antitrust precedents. I then posit that the judges in these cases base their decisions on assumptions about RICO's purpose. These assumptions, though often tacit and therefore not subject to direct observation, are nonetheless sometimes revealed when a judge …