Digital Commons Network^™

Coupling Cross-Shore And Longshore Sediment Transport To Model Storm Response Along A Mixed Sand-Gravel Coast Under Varying Wave Directions, Rafael J. Bergillos, Gerd Masselink, Miguel Ortega-Sánchez

School of Biological and Marine Sciences

No abstract provided.

Global Patterns Of Interaction Specialization In Bird-Flower Networks, Tb Zanata, B Dalsgaard, Fc Passos, Pa Cotton, Jj Roper, Pk Maruyama, E Fischer, M Schleuning, González Am Martín, J Vizentin-Bugoni, Dc Franklin, S Abrahamczyk, R Alárcon, Ac Araujo, Fp Araújo, Smd Azevedo-Junior, Ac Baquero, K Böhning-Gaese, Dw Carstensen, H Chupil, Ag Coelho, Rr Faria, D Hořák, Tt Ingversen, Š Janeček, G Kohler, C Lara, Fmg Las-Casas, Av Lopes, Ao Machado, Cg Machado, Ic Machado, Ma Maglianesi, Ts Malucelli, J Mohd-Azlan, Ac Moura, Gm Oliveira, Pe Oliveira, Jf Ornelas, J Riegert, Lc Rodrigues, L Rosero-Lasprilla, Am Rui, M Sazima, B Schmid, O Sedláček, A Timmermann, Mgr Vollstädt, Z Wang, S Watts, C Rahbek, Ig Varassin

School of Biological and Marine Sciences

No abstract provided.

Rethinking Prosecutors' Conflicts Of Interest, Bruce Green, Rebecca Roiphe

Articles & Chapters

Conflicts of interest are endemic to almost all prosecutors’ discretionary decisions, and are the source of many instances of misconduct and abuse. Prosecutors’ decisions are riddled with complex motivations, beliefs, and interests that potentially divert them from their duty to do justice. Understood as any personal belief or interest that could interfere with the prosecutors’ ability to serve the public interest, conflicts of interest threaten to undermine the efficacy and legitimacy of the criminal justice system. The traditional regulatory system barely addresses the problem and could never effectively do so. Drawing on experimentalism, which mandates that local actors design and …

Patent Law's Reproducibility Paradox, Jacob S. Sherkow

Articles & Chapters

Clinical research faces a reproducibility crisis. Many recent clinical and preclinical studies appear to be irreproducible; their results cannot be verified by outside researchers. This is problematic for not only scientific reasons but legal ones: patents grounded in irreproducible research appear to fail their constitutional bargain of property rights in exchange for working disclosures of inventions. The culprit is likely patent law’s doctrine of enablement. Although the doctrine requires patents to enable others to make and use their claimed inventions, current difficulties in applying the doctrine mitigate or even actively dissuade reproducible data in patents. This Article assesses the difficulties …

Tolling For The Aching Ones Whose Wounds Cannot Be Nursed’: The Marginalization Of Racial Minorities And Women In Institutional Mental Disability Law, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Individuals with mental disabilities have traditionally been and continue to be subjected to rights violations and pervasive discrimination because of their mental disabilities. Seen as “the other,” individuals who are racial minorities and/or are women are marginalized to an even greater extent than other persons with mental disabilities in matters related to civil commitment and institutional treatment (especially involving theright to refuse medication).

It is impossible to examine these questions critically without coming to grips with the ways that expert testimony — testimony that is essential and necessary in all these cases — is infected with bias that leads to …

Introduction, Brandt Goldstein

Articles & Chapters

No abstract provided.

Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn

Articles & Chapters

No abstract provided.

Law And The Poetic Imagination, Richard Sherwin

Articles & Chapters

No abstract provided.

The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe

Articles & Chapters

Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging the failure to charge in entire classes of cases. Undercharging can similarly undermine theefficacy and legitimacy of the criminal justice system. While few have focused on this question in thedomestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and misses …

Promoting Dignity And Preventing Shame And Humiliation By Improving The Quality And Education Of Attorneys In Sexually Violent Predator (Svp) Civil Commitment Cases, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

In Strickland vs. Washington, the Supreme Court acknowledged that the role of counsel is critical to the ability of the adversarial system to best insure that just results are produced. Yet, the Court did not elaborately define the Sixth Amendment constitutional right to counsel and lower courts, have set the bar shockingly low.

In this article we examine the quality of attorneys who litigate Sexually Violent Predator Act (SVPA) cases, and conclude that a failure to apply a higher standard of adequate counsel – beyond what was set out in Strickland – results in humiliation, shame and lack of dignity …

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 …

Jurisdiction And Its Effects, Scott Dodson

Faculty Scholarship

No abstract provided.

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 …

Fostering Ethical Professional Identity In Tax: Using The Traditional Tax Classroom, Heather M. Field

Faculty Scholarship

No abstract provided.

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.

“Except For The Lord” An Exposition Of Psalm 124, Stanley D. Walters

The Journal of Inductive Biblical Studies

No abstract provided.