Digital Commons Network^™

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 …

Student-Athlete Perception Of Coaching Leadership Behaviors’ Influence On Mental Health Symptoms Associated With Anxiety, Depression, Suicidality, And Substance Abuse, Joan E. Thurston

UNF Graduate Theses and Dissertations

Abstract

Student-athletes are viewed as the epitome of health due to their physical appearance and talent set; however, it is their psychological health that needs significant attention (Etzel, 2006). Psychosocial stressors such as the pressures and demands of being a student and athlete as well as the demands and expectations of the coach have significant impact on the student-athlete’s mental health and well-being (Beauchemin, 2014; Cleary et al., 2011; Lafrenière et al., 2011; Mageau & Vallerand, 2003; Watson, 2005). The purpose of this research is to investigate any correlation between student-athletes’ perceptions of coaching leadership behaviors and the symptoms associated …

Appreciating Neurodiversity: Asd Perceptions Of Experiences In A Higher Education Transition Program And The Implications For Higher Ed Leaders, Joanna L. Ale

UNF Graduate Theses and Dissertations

Over the past decade, the number of individuals being diagnosed with Autism Spectrum Disorder has risen substantially. One byproduct of increased diagnosis is that more and more students with Autism Spectrum Disorder are applying and being accepted to colleges and universities (Graetz & Spampinato, 2008; Jones, 2012; Smith, 2007; Taylor, 2005; Zager, Alpern, McKeon, Maxam, & Mulvey, 2013; Longtin, 2013; Adreon & Durocher, 2007; Zager & Alpern, 2010). Research in the field of Autism and Higher Education is in its infancy, with a dearth of the research focusing on the challenges and struggles that degree-seeking students with ASD face within …

Professional Conversations Within Self-Contained Classrooms: The Shared Perspectives Of Teachers, Paraprofessionals, And Administrators, Travis Brett Henderson

UNF Graduate Theses and Dissertations

Paraprofessionals in self-contained settings are often involved in helping students to learn the skills to manage their behaviors. A need has been identified for paraprofessionals to join teachers in professional development opportunities in order to better meet the needs of the students who receive their services (Konza & Fried, 2012). By recognizing paraprofessionals as vital members of a student’s educational team (Boudreau & Twigg, 2011), informal professional development opportunities throughout the school day, such as professional conversations, may provide paraprofessionals with opportunities to share their experiences with each other and with their teachers, as well as to make collaborative decisions …

The Role Of The Quality Of A Website In Consumer Perception, Hibah Khalil

UNF Graduate Theses and Dissertations

The wide spread of the Internet has allowed businesses to present information, sell products, and provide relevant services through websites. Many researchers argue that websites are an imperative channel for communication and online shopping. However, businesses struggle to retain customers due to low switching cost and lack of face-to-face communication. Customers who do not appreciate the user interface and information presented in the website may choose a competitor’s site to achieve their goals. Therefore, e-loyalty, which is about attracting and retaining customers in an online environment, is crucial to remaining a successful business.

In the context of e-loyalty, the website …

Ptsd’S True Color; Examining The Effect Of A Short-Term Coloring Intervention On The Stress, Anxiety And Working Memory Of Veterans With Ptsd., Jourdan A. Rodak

UNF Graduate Theses and Dissertations

The aim of this study was to explore the effect a coloring condition had on minimizing anxiety and stress experienced daily by veterans. The effect that coloring had on working memory was also explored.

A sample of 24 armed forces veterans were split into two coloring conditions, a mandala and a free draw condition, and asked to complete the Primary Care PTSD Screen, the Perceived Stress Scale and the Brief State Trait Anxiety Inventory. Working memory scores were established via a Backward Digit Recall task; pre-and posttest scores were evaluated for significant differences.

Our research suggests the act of coloring, …

The Effects Of Ego Depletion And Emotional Intelligence On Risk-Taking, Travis Bishop

UNF Graduate Theses and Dissertations

Ego depletion theory postulates that the ability to exert self-control depends upon the availability of a limited mental resource. In this experiment, we investigated the effects of ego depletion on risky decision-making. We also examined the moderating effect emotional intelligence may have on this relationship. First, participants completed a trait emotional intelligence questionnaire and a self-control task. This was followed by a mood questionnaire and a series of risky-decision scenarios. Results showed (1) participants who were depleted made more risky decisions than non-depleted participants, (2) no differences in perceived task effort between groups, (3) no evidence of a moderating effect …

Degradation Resistant Surface Enhanced Raman Spectroscopy Substrates, Ryan D. Scherzer

UNF Graduate Theses and Dissertations

Raman spectroscopy is employed by NASA, and many others, to detect trace amounts of substances. Unfortunately, the Raman signal is generally too weak to detect when very small, but non-trivial, amounts of molecules are present. One way around this weak signal is to use surface enhanced Raman spectroscopy (SERS).

When used as substrates for SERS, metallic nanorods grown using physical vapor deposition (PVD) provide a large enhancement factor to the Raman signal, as much as 10¹². However, Silver (Ag) nanorods that give high enhancement suffer from rapid degradation as a function of time and exposure to harsh environment. …

An Empirical Investigation Of Collaborative Web Search Tool On Novice's Query Behavior, Mareh Fakhir Al-Sammarraie

UNF Graduate Theses and Dissertations

In the past decade, research efforts dedicated to studying the process of collaborative web search have been on the rise. Yet, a limited number of studies have examined the impact of collaborative information search processes on novices’ query behaviors. Studying and analyzing factors that influence web search behaviors, specifically users’ patterns of queries when using collaborative search systems can help with making query suggestions for group users. Improvements in user query behaviors and system query suggestions help in reducing search time and increasing query success rates for novices.

This thesis investigates the influence of collaboration between experts and novices as …

Empirical Evaluation Of Cloud Iaas Platforms Using System-Level Benchmarks, Niharika Deval

UNF Graduate Theses and Dissertations

Cloud Computing is an emerging paradigm in the field of computing where scalable IT enabled capabilities are delivered ‘as-a-service’ using Internet technology. The Cloud industry adopted three basic types of computing service models based on software level abstraction: Infrastructure-as-a-Service (IaaS), Platform-as-a-Service (PaaS), and Software-as-a-Service (SaaS). Infrastructure-as-a-Service allows customers to outsource fundamental computing resources such as servers, networking, storage, as well as services where the provider owns and manages the entire infrastructure. This allows customers to only pay for the resources they consume. In a fast-growing IaaS market with multiple cloud platforms offering IaaS services, the user's decision on the selection …

Improving Search Ranking Using A Composite Scoring Approach, Larry D. Snedden

UNF Graduate Theses and Dissertations

In this thesis, the improvement to relevance in computerized search results is studied. Information search tools return ranked lists of documents ordered by the relevance of the documents to the user supplied search. Using a small number of words and phrases to represent complex ideas and concepts causes user search queries to be information sparse. This sparsity challenges search tools to locate relevant documents for users. A review of the challenges to information searches helps to identify the problems and offer suggestions in improving current information search tools. Using the suggestions put forth by the Strategic Workshop on Information Retrieval …

The Obama Pivot To Asia: An Analysis Of The Fundamentals, Christopher Willis

UNF Graduate Theses and Dissertations

The Obama Administration’s Pivot to Asia policy was a grand shift in focus for U.S. foreign policy and sought to lay the foundation of U.S. policy in the region for the future. This paper derives three fundamental assumptions that the Pivot policy was based upon, from the articulations of the main architects of the Pivot Policy: former Secretary of State Hillary Clinton and former National Security Advisor Tom Donilon. These assumptions are as follows, pivoting to the Asia-Pacific will be beneficial to the U.S., engagement with China is central to the Pivot policy and the policy is not an effort …