Digital Commons Network^™

More Restrictive Alternatives, Michael Coenen

North Carolina Law Review

Courts often fault governments for pursuing their regulatory interests in an unnecessarily restrictive manner. Indeed, and as is well appreciated by courts, litigants, and scholars alike, the availability of a “less restrictive alternative” will often spell the doom of a constitutionally suspect law. Sometimes, however, this logic gets flipped on its head, with courts faulting governments for failing to utilize alternatives that are more restrictive rather than less. This Article collects examples of what it calls “more restrictive means” analysis in U.S. constitutional law and attempts to make sense of its analytical underpinnings. Specifically, the Article suggests that courts invoke …

Plenary Power In The Modern Administrative State, Catherine Y. Kim

North Carolina Law Review

For the past quarter century, the “plenary power” doctrine of immigration law—under which courts suspended ordinary standards of judicial review to defer to the political branches on questions relating to the exclusion, detention, and deportation of noncitizens—has been in decline. The conventional account attributes this development to the expansion of constitutionally protected individual rights across public law cases. This Article assesses changes in immigration law from a different perspective, one having less to do with individual rights than with constitutional structure. It focuses on the role that delegation concerns have played, contextualizing the judiciary’s willingness to review immigration decisions within …

Fake News: Potential Solutions To The Online Epidemic, Lee K. Royster

North Carolina Law Review

No abstract provided.

Soundscapes Of Narco Silence In U.S.-Mexico Borderlands Performance, Marci R. Mcmahon

Literatures and Cultural Studies Faculty Publications

No abstract provided.

Table Of Contents

Journal of Business & Technology Law

No abstract provided.

Puerto Rico V. Franklin California Tax-Free Trust: Congressional Intent Interpreted Through A Plain Reading Of The Federal Bankruptcy Code, Timothy R. Powell

Journal of Business & Technology Law

In Puerto Rico v. Franklin California Tax-Free Trust, the Supreme Court held that Puerto Rico’s Recovery Act was pre-empted by federal law. While the Majority’s method of interpreting the plain language of the Bankruptcy Code was the correct course of action, additional notable interpretations and policy arguments were raised in regards to the Bankruptcy Code itself as well as this holding’s implications on the citizens of Puerto Rico. However, while Puerto Rico and the Dissent may not have found solace through the judiciary’s resolution in this matter, Congress’ swift passing of PROMESA has provided Puerto Rico with an initial opportunity …

Wide-Area Mapping Of Invasive Species Propagation And Containment Zones In Somaliland Using Phenometric Trends And Generalized Linear Modelling, Tobias Landmann, Olena Dubovyk, Gohar Ghazaryan, Jackson Kimani, Elfatih Abdel-Rahman

All Peer-Reviewed Publications

Spatial information on the occurrence and propagation of invasive species is imperative in order to manage their risk and spread. In this contribution we used phenology and vegetation productivity trends (2001 to 2014) from 250-meter MODIS (Moderate Resolution Imaging Spectroradiometer) EVI (Enhanced Vegetation Index) time-series data to map propagation and possible containment areas for Prosopis juliflora and Parthenium hysterophorus in western Somaliland (eastern Africa). Generalized Linear Modeling (GLM) with a binomial logistics function was used to link available reference data (Landsat-based) on both invasive species to the MODIS-based vegetation trends. Spread corridors and containment zones were, furthermore, identified for both …

Plasmodium Falciparum Parasites With Histidine-Rich Protein 2 (Pfhrp2) And Pfhrp3 Gene Deletions In Two Endemic Regions Of Kenya, Khalid B. Beshir, Nuno Sepúlveda, Jameel Bharmal, Ailie Robinson, Julian Mwanguzi, Annette Obukosia Busula, Jetske Gudrun De Boer, Colin Sutherland, Jane Cunningham, Heidi Hopkins

All Peer-Reviewed Publications

Deletions of the Plasmodium falciparum hrp2 and hrp3 genes can affect the performance of HRP2-based malaria rapid diagnostic tests (RDTs). Such deletions have been reported from South America, India and Eritrea. Whether these parasites are widespread in East Africa is unknown. A total of 274 samples from asymptomatic children in Mbita, western Kenya, and 61 genomic data from Kilifi, eastern Kenya, were available for analysis. PCR-confirmed samples were investigated for the presence of pfhrp2 and pfhrp3 genes. In samples with evidence of deletion, parasite presence was confirmed by amplifying three independent genes. We failed to amplify pfhrp2 from 25 of …

Strong Spatial-Temporal Patterns In Maize Yield Response To Nutrient Additions In African Smallholder Farms, Samuel Njoroge, Antonius G.T. Schut, Ken E. Giller, Shamie Zingore

All Peer-Reviewed Publications

Large variability in crop responses to macronutrient application at various spatial scales present challenges for developing effective fertilizer recommendations for crop production in smallholder farming systems of sub-Saharan Africa. We assessed maize yield responses to nitrogen (N), phosphorus (P) and potassium (K) application and evaluated relationships between crop responses to N, P and K application and soil analysis data. Nutrient omission trials were conducted on 23 farms located in Sidindi, Western Kenya, selected to be representative of the main soil and management factors in maize based systems in Siaya County. Treatments included a control and PK, NK, NP and NPK …

Protected Cultivation Of Vegetable Crops In Sub-Saharan Africa: Limits And Prospects For Smallholders. A Review, Thibault Nordey, Claudine Basset-Mens, Hubert De Bon, Thibaud Martin, Emilie Déletré, Serge Simon, Laurent Parrot, Hugo Despretz, Joël Huat, Yannick Biard, Thomas Dubois, Eric Malézieux

All Peer-Reviewed Publications

Vegetable production in sub-Saharan Africa faces numerous agronomic constraints that will have to be overcome to feed the increasing population and to fight malnutrition. Technology transfer and the adoption of low-tech protected cultivation techniques affordable for smallholders are believed to be able to meet this challenge. Protected cultivation techniques are a set of agricultural practices aimed at artificializing the crop environment through the use of soil covers and/or plant covers to control pests and climatic conditions. Although protected cultivation techniques may increase the yield and quality of vegetable crops and extend their production periods worldwide, the transfer of these techniques …

Examining The Human Infectious Reservoir For Plasmodium Falciparum Malaria In Areas Of Differing Transmission Intensity, Bronner P. Gonçalves, Melissa C. Kapulu, Patrick Sawa, Wamdaogo M. Guelbéogo, Alfred B. Tiono, Lynn Grignard, Will Stone, Joel Hellewell, Kjerstin Lanke, Guido J.H. Bastiaens, John Bradley, Issa Nébié, Joyce M. Ngoi, Robin Oriango, Dora Mkabili, Maureen Nyaurah, Janet Midega, Dyann F. Wirth, Kevin Marsh, Thomas S. Churcher, Philip Bejon, Sodiomon B. Sirima, Chris Drakeley, Teun Bousema

All Peer-Reviewed Publications

A detailed understanding of the human infectious reservoir is essential for improving malaria transmission-reducing interventions. Here we report a multi-regional assessment of population-wide malaria transmission potential based on 1209 mosquito feeding assays in endemic areas of Burkina Faso and Kenya. Across both sites, we identified 39 infectious individuals. In high endemicity settings, infectious individuals were identifiable by research-grade microscopy (92.6%; 25/27), whilst one of three infectious individuals in the lowest endemicity setting was detected by molecular techniques alone. The percentages of infected mosquitoes in the different surveys ranged from 0.05 (4/7716) to 1.6% (121/7749), and correlate positively with transmission intensity. …

Mechanisms Of Plasmodium-Enhanced Attraction Of Mosquito Vectors, Annette O. Busula, Niels O. Verhulst, Teun Bousema, Willem Takken, Jetske G. De Boer

All Peer-Reviewed Publications

Evidence is accumulating that Plasmodium-infected vertebrates are more attractive to mosquitoes than noninfected hosts, particularly when high levels of gametocytes are present. Changes in host odour have been suggested as a likely target for parasite manipulation because olfactory cues are crucial to mosquitoes in search of a bloodmeal host. This review discusses two routes that may lead to such changes: (i) direct emission of volatile products from malaria parasites, and (ii) changes in skin microbial composition that could lead to changes in the vertebrate odour profile. Here we synthesize what is known and suggest how further research can increase our …

Identification Of Kairomones Of Second Instar Nymphs Of The Variegated Coffee Bug Antestiopsis Thunbergii (Heteroptera: Pentatomidae), Teresiah N. Njihia, Baldwyn Torto, Lucy K. Murungi, Janet Irungu, Dickson M. Mwenda, Régis Babin

All Peer-Reviewed Publications

The variegated coffee bug Antestiopsis thunbergii Gmelin is a key pest of Coffea arabica in East Africa. Although the bug feeds on various parts of the coffee plant, it has a strong preference for mature green berries which are essential for the bug to complete its life cycle, reproduce and enhance its longevity. To locate mature green coffee berries, we hypothesized that second instar nymphs, which are the most mobile and active feeding immature stage of the bug, must rely on key volatile compounds emitted by the host for recognition. We tested this hypothesis using behavioral and electrophysiological assays and …

Datasets On Abundance Of Common Blossom Thrips And Weather Variables In Small-Scale Avocado Orchards At Taita Hills And Mount Kilimanjaro, James J. Odanga, Samira Mohamed, Florence Olubayo, Richard Nyankanga, Sizah Mwalusepo, Sevgan Subramanian, Tino Johansson, Sunday Ekesi

All Peer-Reviewed Publications

Avocado, Persea americana Miller (Lauraceae), is an important fruit crop cultivated by small-holder farmers along Afrotropical highlands of Taita Hills in South-eastern Kenya and Mount Kilimanjaro in Northern Tanzania. The small-holder farmers in these East African regions generate substantial food and cash from avocado fruits. However, the avocado crop is faced with challenges of infestation by insect pests such as the common blossom thrips (Frankliniella schultzei Trybom) which feeds on pollen and floral tissue thereby reducing productivity of the trees. Moreover, there is no information describing distribution patterns of Frankliniella schultzei and associated weather in East African avocado orchards despite …

Welwitschianalol A And B, Two Cyclohexene Derivatives And Other Insecticidal Constituents Of Caesalpinia Welwitschiana (Oliv.) Brenan, Flaure Rosette Ehawa Essoung, Brice Mittérant Mba'ning, Wilber Lwande, Silvère Augustin Ngouela, Etienne Tsamo, Sumesh Chander Chhabra, Ahmed Hassanali, Russell John Cox

All Peer-Reviewed Publications

Crude methanol extract of the leaves of Caesalpinia welwitschiana was found to possess moderate larvicidal activity against second-instar larvae of Tuta absoluta Meyrick. Bioassay-guided fractionation of this extract led to the isolation of two oxygenated cyclohexene derivatives, welwitschianalol A (1, (1α,2β)-2-acetoxy-1-hydroxy-1- benzoyloxymethylcyclohex-5-ene) and B (2, (1α,2β)-2- benzoyloxy −1-cinnamoyloxymethyl-1-hydroxycyclohex-5-ene), together with eight known compounds, comprising bonducellin, dipteryxic acid, 3′-hydroxygenkwarin, afzelin, quercitrin, myricitrin, methyl gallate and gallic acid. The structures of the unknown compounds as well as those of the known ones were elucidated based on their MS, 1D and 2D NMR spectra, and in the case of known compounds, by comparison …

Parasitic Nematode Meloidogyne Incognita Interactions With Different Capsicum Annum Cultivars Reveal The Chemical Constituents Modulating Root Herbivory, Ruth Kihika, Lucy K. Murungi, Danny Coyne, Margaret Ng'ang'a, Ahmed Hassanali, Peter E.A. Teal, Baldwyn Torto

All Peer-Reviewed Publications

Plant volatile signatures are often used as cues by herbivores to locate their preferred hosts. Here, we report on the volatile organic compounds used by the subterranean root-knot nematode (RKN) Meloidogyne incognita for host location. We compared responses of infective second stage juveniles (J2s) to root volatiles of three cultivars and one accession of the solanaceous plant, Capsicum annum against moist sand in dual choice assays. J2s were more attracted to the three cultivars than to the accession, relative to controls. GC/MS analysis of the volatiles identified common constituents in each plant, five of which were identified as α-pinene, limonene, …

Characterization Of Surface Modified Orthopedic Implants For Their Antimicrobial Properties, Shayesteh Beladi Behbahani

All Theses

Contamination of combat trauma wounds with environmental residues can lead to bacterial infection of orthopedic fractures, which causes delay and difficulties in patient treatment. The reported infection rate of the improvised explosive devices (IED) injuries is 91%, and biofilm formation on orthopedic implants can lead to chronic infection with a rate of 40% in fracture wounds. Designing orthopedic implants that can self-regulate local infection and biofilm formation is beneficial for these patients. Polytetrafluoroethylene (PTFE) and biodegradable chitosan with local antibiotic (vancomycin) elution were deposited on the stainless steel and titanium implant samples (coupons) to reduce biofilm formation and bacterial infection. …

Case Law, Adam N. Steinman

Faculty Scholarship

Although case law plays a crucial role in the American legal system, surprisingly little consensus exists on how to determine the “law” that any given “case” generates. Lawyers, judges, and scholars regularly note the difference between holdings and dicta and between necessary and unnecessary parts of a precedent-setting decision, but such concepts have eluded coherent application in practice. There remains considerable uncertainty about which aspects of a judicial decision impose prospective legal obligations as a matter of stare decisis and to what extent.

This Article develops a counterintuitive, but productive, way to conceptualize case law: the lawmaking content of a …

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green

Faculty Scholarship

This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …

American Contract Law For A Global Age, Franklin G. Snyder, Mark Burge

Faculty Scholarship

American Contract Law for a Global Age by Franklin G. Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or a supplement in any upper-level U.S. or foreign class that seeks to introduce American contract law to students.

Accounting For Soil Inorganic Carbon In The Ecosystem Services Framework For United Nations Sustainable Development Goals, Garth Raymond Groshans

All Theses

Soil inorganic carbon (SIC) is currently not included in the list of key soil properties related to ecosystem services (e.g., provisioning, regulating, cultural, and supporting services). Soil inorganic carbon is a dynamic key soil property used in soil classification, taxonomy and fertility, therefore its inclusion in the framework of ecosystem services is important. With soils rapidly changing due to human use and climate change, the soil ecosystem services framework should not include only soil organic carbon (SOC), but SIC as well since it is of global importance to soil fertility and the long-term carbon cycle, especially in semiarid and arid …

Dolley Madison And Anecdotes In Early Twentieth Century Textbooks, Ryann Finley Warlick

All Theses

On August 24, 1814, during the War of 1812, British troops were quickly advancing upon the American capital, Washington City. Inside of the Executive Mansion, First Lady, Dolley Madison, was gathering items to be rescued in the event that the British troops should advance into the capital. Following the American defeat at the Battle of Bladensburg, American General John Armstrong ordered a retreat of his troops, resulting in the final exodus of Washington City. As she was leaving the Executive Mansion, Dolley Madison decided the Gilbert Stuart portrait of General George Washington also needed to be saved, and according to …

Effects Of Rider Experience Level On Horse Kinematics And Behavior, Rebekah Strunk

All Theses

Large riding lesson programs are an essential part of the horse industry. To meet demand and remain profitable, lesson barns sometimes require horses to work multiple times a day with different rider levels. There is little guidance as to the behavioral and physical effects of such protocols, so lesson program managers have limited scientific evidence upon which to base horse management and welfare decisions. The current data regarding horse and rider interactions includes motion pattern variability, trunk and spine kinematics and force plate analyses. While these data are helpful to explain scenarios that can affect the horse with an accomplished …

Experimental Evaluation Of Foam-Void Double-Tees, Sachin Sreedhara

All Theses

Gross vehicular weight restrictions limit the shipping of typical pre-stressed concrete double-tees (DT) for parking decks to one member per trip. The objective of this study is to reduce the self-weight of these members to facilitate two-at-a-time shipping, and thus enable lower shipping costs and reduced environmental footprint. In this research, two 35 foot-long DT members were fabricated and tested to study strategies for reducing self-weight. Foam boards were placed inside the stems of the DT members to produce foam-void double-tees (FVDT). One inch and two inch-thick foam boards were used along with normal and semi-light weight concretes. The two …

Materials Properties Of The Lepidopteran Proboscis And A Bio-Inspired Characterization Method Of Capillary Adhesion, Luke Michael Sande

All Theses

The feeding device of butterflies and moths, Lepidoptera, is called the "proboscis" and it consists of two complex-shaped fibers, galeae, which get linked together when the insects emerge from the pupa. The proboscis has been extensively studied by biologists, but has never been investigated from the materials science point of view. The following questions remain to be answered: What are the materials properties of the proboscis? How does the proboscis assemble and repair and what role do capillary forces play? What are the adhesion forces holding the galeae together during this assembly process? We have investigated and are exhibiting a …

Influential Factors In The College Decision-Making Process For Chinese Students Studying In The United States, Madeline Adele Rafi

All Theses

For more than 974,000 international students, the United States is the destination of choice to pursue higher education. Although Chinese students account for almost one in three international students in the U.S., there are many unknowns about the influential factors behind their college decision. This phenomenological study explores the self-described most important factors for Chinese students' decision to attend college in the United States and the sources they seek to make their decision. Through interviews with students originally from China who attained their undergraduate degree from a U.S. university, my goal was to understand how individuals arrive at his/her alma …

Estimating The Location Of A Nuclear Source In A Three-Dimensional Environment With Unknown Background Radiation, Hangjin Liu

All Theses

Finding illicit nuclear sources in an urban environment plays an important role in reconnaissance research for domestic security. This work focuses on the problem of estimating the locations of radioactive sources that potentially exist in a three-dimensional search space using a network of sensors. The design of an estimation system to provide consistent surveillance is considered using drones equipped with sensors, Global Position System (GPS) devices and basic communication capabilities. In many environments, sensors cannot be placed in close proximity to the source, which makes estimating the location of a nuclear source especially difficult. In this work, we apply maximum-likelihood …

Seismic Risk Assessment Of Masonry Arch Bridges In The United States, Aditya Prakash Kamath

All Theses

Over 1600 masonry arch bridges serve as part of the U.S. transportation infrastructure system. The preservation of these bridges is important due not only to their role in transportation network, but also to their cultural, architectural, and historic value to the nation. For successful preservation, the stewards of these historic bridges must be equipped with tools to make risk-aware decisions, considering both the susceptibility of the region to an extreme seismic event and the vulnerability of the bridge to undergo structural damage. To aid the stewards of these bridges, this master's thesis develops Infrastructure Risk Indices (i.e. the probability of …

Neonatal Growth Measurements, Umbilical Concentrations, And Differential Gene Expression In The Placenta Of Swine In Relation To Placental Efficiency, Shanice Katelin Krombeen

All Theses

Placental efficiency (PE) describes the relationship between placental and fetal weights and is defined as fetal weight divided by placental weight. Within pig litters, PE can vary drastically, resulting in similarly sized pigs associated with very different placenta, up to a 50% weight difference. However, the means enabling the smaller placenta to grow a similarly sized littermate is unknown. The main objectives of this study were to (1) determine the concentration of glucose and cortisol in venous umbilical blood of pigs at birth and evaluate if a relationship existed between concentration and PE, and (2) determine the expression level of …

An Analysis Of The Twenty Percent Federal Rehabilitation Tax Credit Program's Administration In The States Of Tennessee And South Carolina From Fiscal Years 2005-2015, John William Evangelist

All Theses

The Twenty Percent Federal Rehabilitation Tax Credit is one of the most valuable incentive tools in the field of historic preservation. This thesis analyzes the application and review process of the Twenty Percent Federal Rehabilitation Tax Credit in the states of South Carolina and Tennessee. The thesis explored how the two states' State Historic Preservation Offices (SHPO) and the National Park Service enforce regulations and rehabilitation protocols during the tax credit process. The factors examined are efficacy of the tax credit system in the two states as measured by the rate of projects' successful matriculation through the process, efficiency of …