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A Master's Recital In Flute, Azeem Zakiyy Ward

Dissertations and Theses @ UNI

Azeem Zakiyy Ward performed a graduate flute recital at six o’clock in the evening of Thursday, April 20, 2017 in Davis Hall in the Gallagher Bluedorn Performing Arts Center. Collaborating with Mr. Ward on selected works were pianist Mariya Akhadjanova, trumpeter Ryan Garmoe, and guitarist Tanner O’Connor. The recital was presented in partial fulfillment of a Master of Music in flute performance. The program opened with the Sonata in A Minor for solo flute by Carl Philipp Emmanuel Bach, followed by three movements of Astor Piazzolla’s Historie du Tango for flute and guitar. The first portion of the program concluded …

The Sum Is More Public Domain Than Its Parts: Us Copyright Protection For Works Of Applied Art Under Star Athletica's Imagination Test, Jane C. Ginsburg

Faculty Scholarship

In Star Athletica v. Varsity Brands, the Supreme Court granted certiorari to resolve confusion in the lower courts regarding the "separability" predicate to copyright protection of decorative features of useful articles. Adopting the Gordian imagery evoked by other appellate courts, the Sixth Circuit in Varsity Brands lamented "[c]ourts have twisted themselves into knots trying to create a test to effectively ascertain whether the artistic aspects of a useful article can be identified separately from and exist independently of the article's utilitarian function." Star Athletica involved the "surface decorations" of stripes, chevrons, and color blocks applied to cheerleader uniforms. While the …

Criminal Deterrence: A Review Of The Literature, Aaron Chalfin, Justin Mccrary

Faculty Scholarship

We review economics research regarding the effect of police, punishments, and work on crime, with a particular focus on papers from the last twenty years. Evidence in favor of deterrence effects is mixed. While there is considerable evidence that crime is responsive to police and to the existence of attractive legitimate labor-market opportunities, there is far less evidence that crime responds to the severity of criminal sanctions. We discuss fruitful directions for future work and implications for public policy.

Antitrust Via Rulemaking: Competition Catalysts, Tim Wu

Faculty Scholarship

In its March 26, 2016 issue, The Economist magazine announced that "America needs a giant dose of competition." Its study of industry concentration and profits suggested that, after decades of consolidation, competition had decreased across a broad range of the American economy. An April 2016 issue brief by the Council of Economic Advisors reached similar conclusions, stating that "competition appears to be declining" due to "increasing industry concentration, increasing rents accruing to a few firms, and lower levels of firm entry and labor market mobility."

The promotion of competition in the American economy is a task that has traditionally fallen …

If It Ain't Broke, Don't Fix It, Kathryn Judge

Faculty Scholarship

A prescription is only as good as the diagnosis on which it is based. This is just as true in finance as it is in medicine. And, in Hal Scott's assessment, the reforms adopted in the wake of the 2007-09 financial crisis ("Crisis") are based on a fundamental misunderstanding of the reasons for that crisis. The future is accordingly bleak.

Historical Gloss, Constitutional Conventions, And The Judicial Separation Of Powers, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

Scholars have increasingly focused on the relevance of post-Founding historical practice to discern the separation of powers between Congress and the executive branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branches and the federal judiciary—what this Article calls the “judicial separation of powers.” As the Article explains, there are two ways that historical practice might be relevant to the judicial separation of powers. First, such practice might be invoked as an appeal to …

How International Is International Law: Remarks By Lori F. Damrosch, Lori Fisler Damrosch

Faculty Scholarship

Our moderator's questions begin with “in what sense is international law and in what sense isn't it universal?” and continue with whether international law may be “different in different places” and what the implications of such differences may be. I am here to defend the “universalist” perspective, as the immediate past president of the American Society of International Law and before that, editor-in-chief of the American Journal of International Law. Though both the Society and the Journal have “American” in their titles and our geographic headquarters is in the United States, the Society's mission statement commits us to pursue …

The Strange Life Of Stanley V. Illinois: A Case Study In Parent Representation And Law Reform, Joshua Gupta-Kagan

Faculty Scholarship

This Article helps describe the growth of parent representation through an analysis of Stanley v. Illinois — the foundational Supreme Court case that established parental fitness as the constitutional lynchpin of any child protection case. The Article begins with Stanley’s trial court litigation, which illustrates the importance of vigorous parental representation and an effort by the court to prevent Stanley from obtaining an attorney. It proceeds to analyze how family courts applied it (or not) in the years following the Supreme Court’s decision and what factors have led to a recent resurgence of Stanley’s fitness focus.

Despite Stanley …

Stanley V. Illinois'S Untold Story, Joshua Gupta-Kagan

Faculty Scholarship

Stanley v. Illinois is one of the Supreme Court’s more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents’ rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this …

Introduction To Symposium On Unauthorized Military Interventions For The Public Good, Monica Hakimi

Faculty Scholarship

On April 6, 2017, the United States launched fifty-nine Tomahawk missiles against an air base in Syria, after evidence surfaced that Bashar Al-Assad’s regime had again used chemical weapons against its people. President Trump announced that the strikes were intended “to prevent and deter the spread and use of deadly chemical weapons.” But as of this Symposium’s publication, the United States has not articulated a formal legal justification for the strikes. Instead, it reportedly circulated a document that listed several case-specific considerations that, in its view, justified the use of force. Yet the global reaction was overwhelmingly positive. Many states …

Reply On The Work Of International Law, Monica Hakimi

Faculty Scholarship

Thanks to the Harvard International Law Journal for hosting a symposium on my Article and to the four respondents for their thoughtful contributions. In the Article, I distill and then criticize a prominent view about the role of international law in the global order. The view — what I call the “cooperation thesis” — is that international law serves to foster a particular kind of cooperation, specifically to help the participants achieve their common aims and curb their disputes. Lawyers who subscribe to this view of course appreciate that international law is, like all law, often contentious in operation. But …

The Work Of International Law, Monica Hakimi

Faculty Scholarship

This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view — what I call the “cooperation thesis” — is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; international law is widely depicted as dysfunctional when it does not satisfy the thesis. In particular, heated or intractable conflict is …

The Role Of National Courts At The Threshold Of Arbitration, George A. Bermann

Faculty Scholarship

There is a broad consensus that national courts of the arbitral seat have some kind of role to play during the pendency of an arbitration, though the exact contours of that role may differ from jurisdiction to jurisdiction. Similarly, it seems clear that national courts have a role to play on a post-award basis. While jurisdictions may vary as to the extent of control in annulment actions, the New York Convention brings a high degree of consensus over the role of courts in the recognition and enforcement of foreign awards, even though the Convention may receive different interpretations in different …

Tribute To Alfred Hill, Harold Edgar

Faculty Scholarship

Alfred Hill, a great legal scholar and one of Columbia’s treasures for nearly 50 years, died in 2015 at the age of 98. The Columbia Law Review honored him on his retirement from active teaching in 1991, but Al continued to write important work even into the twenty-first century.

The Strange Case Of Dr. Jekyll's Will: A Tale Of Testamentary Capacity, Stephen R. Alton

Faculty Scholarship

Robert Louis Stevenson’s classic novella, The Strange Case of Dr. Jekyll and Mr. Hyde, published in 1886, is the well-known tale of a respected scientist (Dr. Henry Jekyll) who transforms himself into an evil-doer (Mr. Edward Hyde). While the work raises issues of tort and criminal liability, this article analyzes the legal issues presented by one particular and crucial plot device that Stevenson employs—the last will of Dr. Jekyll. This will so obsesses Jekyll’s friend and solicitor, Gabriel John Utterson (through whose eyes the story unfolds), that he is impelled to seek the truth behind his friend’s relationship to Hyde. …

The Known Unknowns Of The Business Tax Reforms Proposed In The House Republican Blueprint, Michael J. Graetz

Faculty Scholarship

In 2002, referring to Iraq and its relationship to terrorism, Donald Rumsfeld declared "that there are known knowns, there are things we know we know. We also know that there are known-unknowns, that is to say we know there are some things that we do not know, but there are also unknown-unknowns – the ones that we don't know we don't know."

Localist Administrative Law, Nestor M. Davidson

Faculty Scholarship

To read the voluminous literature on administrative law is to inhabit a world focused almost exclusively on federal agencies. This myopic view, however, ignores the wide array of administrative bodies that make and implement policy at the local-government level. The administrative law that emerges from the vast subterranean regulatory state operating within cities, suburbs, towns, and counties has gone largely unexamined. Not only are scholars ignoring a key area of governance, but courts have similarly failed to develop an administrative jurisprudence that recognizes what is distinctive about local agencies. The underlying justifications for core administrative law doctrines at the federal …

A Guide To The Guide To The Republican Better Way Plan, Alex Raskolnikov

Faculty Scholarship

This special Issue of the Columbia Journal of Tax Law is bound to have both an immediate impact and a lasting significance. The immediate impact is assured because the sole focus of this Issue is the tax plan proposed by the Congressional Republicans as part of their broad reform agenda called A Better Way: Our Vision For A Confident America. As this Issue goes to print, the Better Way Plan (or the Plan for short) is being debated in the White House, on Capitol Hill, in the press, in academic circles, think tanks, the U.S. Chamber of Commerce, and …

Protean Statutory Interpretation In The Courts Of Appeals, James J. Brudney, Lawrence Baum

Faculty Scholarship

This Article is the first in-depth empirical and doctrinal analysis of differences in statutory interpretation between the courts of appeals and the Supreme Court. It is also among the first to anticipate how the Supreme Court’s interpretive approach may shift with the passing of Justice Scalia.

We begin by identifying factors that may contribute to interpretive divergence between the two judicial levels, based on their different institutional structures and operational realities. In doing so, we discuss normative implications that may follow from the prospect of such interpretive divergence. We then examine how three circuit courts have used dictionaries and legislative …

A Graduate Recital In Piano, Jennifer Regina Legarde

Dissertations and Theses @ UNI

This recital abstract examines the program that was performed by Jennifer R. LeGarde on Friday, February 24, 2017 at eight o’clock in the evening, in the Gallagher-Bluedorn Performing Arts Center’s Davis Hall. This recital was performed in partial fulfillment of the degree of Master of Music in Piano Performance and Pedagogy. The pieces that were performed on this program were selected by Ms. LeGarde because of their representation of four general stylistic periods of music. The program was presented in two parts and in chronological order. While each piece showcases stylistic features unique to each time period, they also are …

A Humanized Mouse Model Identifies Key Amino Acids For Low Immunogenicity Of H7n9 Vaccines, Yamato Wada, Arnone Nithichanon, Eri Nobusawa, Leonard Moise, William D. Martin, Norio Yamamoto, Kazutaka Terahara, Haruhisa Hagiwara, Takato Odagiri, Masato Tashiro, Ganjana Lertmemongkolchai, Haruko Takeyama, Anne S. De Groot, Manabu Ato, Yoshimasa Takahashi

Institute for Immunology and Informatics Faculty Publications

Influenza vaccines of H7N9 subtype are consistently less immunogenic in humans than vaccines developed for other subtypes. Although prior immunoinformatic analysis identified T-cell epitopes in H7 hemagglutinin (HA) which potentially enhance regulatory T cell response due to conservation with the human genome, the links between the T-cell epitopes and low immunogenicity of H7 HA remains unknown due to the lack of animal models reproducing the response observed in humans. Here, we utilized a humanized mouse model to recapitulate the low immunogenicity of H7 HA. Our analysis demonstrated that modification of a single H7 epitope by changing 3 amino acids so …

Serpentinization-Influenced Groundwater Harbors Extremely Low Diversity Microbial Communities Adapted To High Ph, Katrina I. Twing, William J. Brazelton, Michael D. Y. Kubo, Alex J. Hyer, Dawn Cardace, Tori M. Hoehler, Tom M. Mccollom, Matthew O. Schrenk

Geosciences Faculty Publications

Serpentinization is a widespread geochemical process associated with aqueous alteration of ultramafic rocks that produces abundant reductants (H₂ and CH₄) for life to exploit, but also potentially challenging conditions, including high pH, limited availability of terminal electron acceptors, and low concentrations of inorganic carbon. As a consequence, past studies of serpentinites have reported low cellular abundances and limited microbial diversity. Establishment of the Coast Range Ophiolite Microbial Observatory (California, U.S.A.) allowed a comparison of microbial communities and physicochemical parameters directly within serpentinization-influenced subsurface aquifers. Samples collected from seven wells were subjected to a range of analyses, including …

An Immunoinformatics-Derived Dna Vaccine Encoding Human Class Ii T Cell Epitopes Of Ebola Virus, Sudan Virus, And Venezuelan Equine Encephalitis Virus Is Immunogenic In Hla Transgenic Mice, Callie E. Bounds, Frances E. Terry, Leonard Moise, Drew Hannaman, William D. Martin, Anne S. De Groot, John J. Suschak, Lesley C. Dupuy, Connie S. Schmaljohn

Cell and Molecular Biology Faculty Publications

Immunoinformatics tools were used to predict human leukocyte antigen (HLA) class II-restricted T cell epitopes within the envelope glycoproteins and nucleocapsid proteins of Ebola virus (EBOV) and Sudan virus (SUDV) and the structural proteins of Venezuelan equine encephalitis virus (VEEV). Selected epitopes were tested for binding to soluble HLA molecules representing 5 class II alleles (DRB1*0101, DRB1*0301, DRB1*0401, DRB1*0701, and DRB1*1501). All but one of the 25 tested peptides bound to at least one of the DRB1 alleles, and 4 of the peptides bound at least moderately or weakly to all 5 DRB1 alleles. Additional algorithms were used to design …

Consumer Bankruptcy Pathologies, Edward R. Morrison, Antoine Uettwiller

Faculty Scholarship

This paper questions several long-standing descriptions of consumer bankruptcy in the United States. We focus on Chapter 13, which discharges debts after consumers pay disposable income to creditors for up to five years. Many studies document pathologies, including high failure rates, racial disparities, low creditor recoveries, and attorney biases. We observe the same patterns in new data drawn from Cook County, Illinois, but show that these pathologies are central tendencies that ignore substantial heterogeneity across consumers. Several pathologies are driven by subsets of consumers; some disappear once we take account of consumer heterogeneity. We present new evidence that some pathologies …

Defensive Tactics And Optimal Search: A Simulation Approach, Ronald J. Gilson, Alan Schwartz

Faculty Scholarship

The appropriate division of authority between a company’s board and its shareholders has been the central issue in the corporate governance debate for decades. This issue presents most vividly for defensive tactics: the extent to which the board of a potential acquisition target is allowed to prevent the shareholders from responding directly to a hostile bid. In the US today, the board’s power is extensive; formal control largely lies with the board. Normative evaluations of current law face two obstacles. First, defensive tactics raise the social welfare question to what extent the tactics deter ex ante efficient takeovers. Theory suggests …

Informants And Cooperators, Daniel C. Richman

Faculty Scholarship

The police have long relied on informants to make critical cases, and prosecutors have long relied on cooperator testimony at trials. Still, concerns about these tools for obtaining closely held information have substantially increased in recent years. Reliability concerns have loomed largest, but broader social costs have also been identified. After highlighting both the value of informants and cooperators and the pathologies associated with them, this chapter explores the external and internal measures that can or should be deployed to regulate their use.

Border Adjustments And The Conservation Of Tax Planning, David M. Schizer

Faculty Scholarship

This article is based on Schizer’s keynote address at the 17th annual NYU-KPMG Tax Symposium on March 10.

In this article, Schizer argues that U.S. corporate and shareholder taxes need to be reformed, and the corporate rate should be much lower. In reforming this dysfunctional regime, according to Schizer, Congress should keep both of these taxes as a form of built-in redundancy; if one tax is avoided, the other can still be collected. More generally, Congress should be wary of Utopian solutions. Tax reform is more likely to change tax planning than to eliminate it entirely, Schizer concludes. For instance, …

A Novel Approach To Identifying A Neuroimaging Biomarker For Patients With Serious Mental Illness, Alok Madan, J Christopher Fowler, Michelle A Patriquin, Ramiro Salas, Philip R Baldwin, Kenia M Velasquez, Humsini Viswanath, David L Molfese, Carla Sharp, Jon G Allen, Susan Hardesty, John M Oldham, B Christopher Frueh

Staff and Researcher Publications

Serious mental illness (SMI) is disabling, and current interventions are ineffective for many. This exploratory study sought to demonstrate the feasibility of applying topological data analysis (TDA) to resting-state functional connectivity data obtained from a heterogeneous sample of 235 adult inpatients to identify a biomarker of treatment response. TDA identified two groups based on connectivity between the prefrontal cortex and striatal regions: patients admitted with greater functional connectivity between these regions evidenced less improvement from admission to discharge than patients with lesser connectivity between them. TDA identified a potential biomarker of an attenuated treatment response among inpatients with SMI. Insofar …

Transcriptional Regulation Of Skeletal Muscle Atrophy-Induced Gene Expression By Muscle Ring Finger-1 And Myogenic Regulatory Factors, Karina Marie Kakareka

UNF Graduate Theses and Dissertations

Skeletal muscle wasting occurs as a corollary of numerous physiological conditions, including denervation, immobilization, and aging. The E3 ubiquitin ligases MuRF1 and MAFbx are induced under nearly all atrophy conditions and are believed to play a key role in protein degradation. Data in this thesis provides interesting new evidence that MuRF1 may also act as a transcriptional modulator of atrophy-induced genes or atrogenes. The transcriptional regulation of MuRF1 and MAFbx were characterized using a reporter gene system and exhibited repressed activity in C₂C₁₂ cells overexpressing MuRF1. Furthermore, ectopic expression of the myogenic regulatory factors (MRFs), MyoD and …

Security Analysis Of Ecc Based Protocols, Chanchal Khatwani

UNF Graduate Theses and Dissertations

Elliptic curve cryptography (ECC) is extensively used in various multifactor authentication protocols. In this work, various recent ECC based authentication and key exchange protocols are subjected to threat modeling and static analysis to detect vulnerabilities, and to enhance them to be more secure against threats. This work demonstrates how currently used ECC based protocols are vulnerable to attacks. If protocols are vulnerable, damages could include critical data loss and elevated privacy concerns. The protocols considered in thiswork differ in their usage of security factors (e.g. passwords, pins, and biometrics), encryption and timestamps. The threatmodel considers various kinds of attacks including …