Digital Commons Network^™

The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr.

Articles & Chapters

The 100th anniversary of Judge Learned Hand's opinion in Masses Publishing Co. v. Patten' invites us to look back on its author's long career and to consider his contributions to American law and his significance in the nation's history. Spanning more than fifty years from the presidency of William Howard Taft to the presidency of John F. Kennedy, Hand's judicial career presents an exceptionally rich subject for such reflection.

May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe

Articles & Chapters

Suppose the president sought to serve as prosecutor-in-chief telling prosecutors when to initiate or dismiss criminal charges in individual cases and making other discretionary decisions that are normally reserved to trained professionals familiar with the facts, law, and traditions of the U.S. Department of Justice. To what extent may prosecutors follow the president's direction? In recent presidential administrations, the president has respected prosecutorial independence; while making policy decisions, the president deferred to the Attorney General and subordinate federal prosecutors to conduct individual criminal cases. In a recent article, we argued that this is as it should be because the president …

Cancer's Ip, Jacob S. Sherkow

Articles & Chapters

The state of publicly funded science is in peril. Instead, new biomedical research efforts — in particular, the recent funding of a “Cancer Moonshot” — have focused on employing public-private partnerships, joint ventures between private industry and public agencies, as being more politically palatable. Yet, public-private partnerships like the Cancer Moonshot center on the production of public goods: scientific information. Using private incentives in this context presents numerous puzzles for both intellectual property law and information policy. This Article examines whether—and to what extent — intellectual property and information policy can be appropriately tailored to the goals of public-private partnerships. …

Visual Literacy For The Legal Profession, Richard K. Sherwin

Articles & Chapters

Digital technology has transformed the way we communicate in society. Swept along on a digital tide, words, sounds, and images easily, and often, flow together. This state of affairs has radically affected not only our commercial and political practices in society, but also the way we practice law.

Unfortunately, legal education and legal theory have not kept up. Inconsistencies and unpredictability in the way courts ascertain the admissibility of various kinds of visual evidence and visual argumentation, lapses in the cross examination of visual evidence at trial, and inadequately theorized notions of visual meaning and the epistemology of affect tell …

What Is A Misrepresentation “With Respect To” A Debtor’S “Financial Condition” That Must Be In Writing To Render A Claim Nondischargeable?, Marshall E. Tracht

Articles & Chapters

A basic purpose of bankruptcy law is to provide a fresh start to the “honest but unfortunate” debtor. The bankruptcy discharge is therefore not generally available for debts incurred by “false pretenses, a false representation, or actual fraud.” However, if the false statement alleged by the creditor is one “respecting the debtor’s or an insider’s financial condition,” it is only nondischargeable if the creditor can show that it was in writing and that the creditor reasonably relied on it. The question in this case is whether a statement by the debtor regarding a single asset, rather than its overall net …

Education Models For Teaching Adults About Modifying Dietary Carbohydrate And Controlling Weight, Vincient Cleamons

Walden Dissertations and Doctoral Studies

The prevalence of diabetes and other pathophysiological conditions has been correlated with the incidence of obesity. A large portion of an adult community in the northwestern United States suffers from excessive weight that has been linked to premature mortality rates and certain forms of diabetes. Excess calories from carbohydrate have been shown to increase weight. Therefore, diets that are modified in carbohydrate and calories may help mitigate weight and obesity comorbidities. This qualitative, single case study's purpose was to explore the methods health care professionals use for teaching adults about controlling weight. Altheide and Johnson's analytic realism theory, in which …

Do As They Did: Peer Effects Explain Adoption Of Conservation Agriculture In Malawi, Andrew Reid Bell, Jennifer Zavaleta Cheek, Frazer Mataya, Patrick S. Ward

Natural Resource Management Faculty Publications

Adoption of the trinity of practices known commonly today as conservation agriculture (CA)—maintaining soil cover, reducing tillage, and enhancing soil nitrogen through legumes—is a critical process to the management of erosion in rural landscapes, and maintenance of aquatic habitats and hydropower potential. However, the large literature on the benefits and risks of CA fails to find any universal determinants of adoption, with competing uses for crop residues, availability of labor, and access to physical inputs common constraints appearing in different contexts. We conduct a study in the specific context of Malawi, using ethnographic interviewing to draw out possible decision criteria …

Food Allergy In Youth: A Primer For Allied Health Professionals, Philip Welch, Lauren Maziarz, Macy Mccartney, Chelsea Raker

Internet Journal of Allied Health Sciences and Practice

Purpose: Many youth struggle with the physical, mental, and social burdens of food allergy. The exact cause of food allergies is unknown, but several theories exist such as the “couch potato theory”, “hygiene hypothesis”, “microflora theory”, and “alarmins” theory. This non-systematic literature review summarizes the problem of youth food allergy and provides guidance to allied health professionals.

Method: A literature search of the relevant literature from years 2000 through 2017 was conducted using PubMed with the key words “food allergy”, “youth”, and “management”.

Results: Youth with food allergy may experience anxiety, social isolation, bullying, and depression, in addition to life-threatening …

Is It Morally Permissible To Have Children, Awinyandji W. Djebou

Theses and Dissertations

Having children is something that has always been considered morally good. Generations and generations of human beings have been raised with the idea that procreating is part of the natural processes of life. To have a child is often considered an important milestone in a person’s life most societies. In fact, it is expected of any well-rounded adult. However, in recent years, some philosophers have argued against the moral permissibility of having children. In this thesis I aim to end the debate on the morality of procreation. I will argue that it is morally permissible to have children, but only …

Visual Hallucinations And Paranoid Delusions, Ronald C. Hamdy, Amber Kinser, Tracey Kendall-Wilson, Audrey Depelteau, Rebecca Copeland, Kathleen Whalen, J. Culp

ETSU Faculty Works

Visual well-formed hallucinations, fluctuations in the level of cognition, and alertness and extrapyramidal signs are core features of dementia with Lewy bodies. Some patients realize that what they are seeing or hearing are just hallucinations and learn to accept them. Others, however experience these hallucinations as quite real and cannot be dissuaded from the firm belief that they are. In fact, efforts to dissuade them often serve only to confirm the often associated paranoid delusions and this may lead to a catastrophic ending. Hence, it is best not to contradict the patient. Instead, attempts should be made to distract the …

Genetic Information Discrimination In Public Schools: A Common-Sense Exception, Tyler Wood

University of the Pacific Law Review

No abstract provided.

Chapter 787: Reducing Food Waste With Fresh Food Date Labeling Terminology, Nolan Kessler

University of the Pacific Law Review

No abstract provided.

Finding Transparency In A "Blackout": The Usda's Removal Of Animal Welfare Records From Its Public Database, Emily Malhiot

University of the Pacific Law Review

No abstract provided.

Lake Regionalization And Diatom Metacommunity Structuring In Tropical South America, Xavier Benito, Sherilyn C. Fritz, Miriam Steinitz-Kannan, Maria I. Velez, Michael M. Mcglue

Department of Earth and Atmospheric Sciences: Faculty Publications

Lakes and their topological distribution across Earth’s surface impose ecological and evolutionary constraints on aquatic metacommunities. In this study, we group similar lake ecosystems as metacommunity units influencing diatom community structure. We assembled a database of 195 lakes from the tropical Andes and adjacent lowlands (8°N–30°S and 58–79°W) with associated environmental predictors to examine diatom metacommunity patterns at two different levels: taxon and functional (deconstructed species matrix by ecological guilds). We also derived spatial variables that inherently assessed the relative role of dispersal. Using complementary multivariate statistical techniques (principal component analysis, cluster analysis, nonmetric multidimensional scaling, Procrustes, variance partitioning), we …

The Fish In The Creek Is Sentient, Even If I Can’T Speak With It, Michael L. Woodruff

ETSU Faculty Works

In this paper I argue that Velmens’ reflexive model of perceptual consciousness is useful for understanding the first-person perspective and sentience in animals. I then offer a defense of the proposal that ray-finned bony fish have a first-person perspective and sentience. This defense has two prongs. The first prong is presence of a substantial body of evidence that the neuroanatomy of the fish brain exhibits basic organizational principles associated with consciousness in mammals. These principles include a relationship between a second-order sensory relay, the preglomerular complex, and the fish pallium which bears a resemblance to the relationship between the mammalian …

Nfia Deletion In Myeloid Cells Blocks Expansion Of Myeloid-Derived Suppressor Cells During Sepsis, Jun Dai, Ajinkya Kumbhare, Danielle A. Williams, Dima Youssef, Zhi Q. Yao, Charles E. Mccall, Mohamed El Gazzar

ETSU Faculty Works

Sepsis-induced immunosuppression increases the risk of chronic infection and reduces survival. Myeloid-derived suppressor cells (MDSCs) expand in the bone marrow and spleen during murine polymicrobial sepsis, contributing to immunosuppression. A better understanding of molecular controls of MDSC production is needed to identify treatment targets. We previously reported that miR-21 and miR-181b couple with transcription factor NFI-A to induce MDSCs during murine sepsis. Here, we expand upon these observations by showing that conditional deletion of the Nfia gene in the myeloid lineage precludes MDSC development. NFI-A-deficient Gr1+CD11b+ myeloid cells are not immunosuppressive and differentiate normally into macrophages and dendritic cells. In …

La Ceguera Como Condición De La Crítica De Arte. Una Propuesta De Los Incoherentes, Víctor Lope Salvador

Teatro: Revista de Estudios Escénicos / A Journal of Theater Studies

Este trabajo se centra en la lectura del prefacio que escribieron Charles Leroy y Georges Moynet en el Catalogue de l'exposition des Arts Incohérents 1884. Es un texto breve pero muy significativo acerca del carácter de las propuestas del grupo de los Incoherentes y puede ser considerado como un manifiesto al modo en el que, décadas después, se redactarían los manifiestos de las vanguardias de principios del S. XX. En esta ocasión, junto con la propuesta de que unos ciegos ejerzan de críticos de arte, laten con fuerza planteamientos irracionalistas muy afines al Romanticismo. Como en el número 24 de …

Pollinator Power: Supporting Bees Through Ecoregion Specific Planting Guides, Maya Thomas

Scripps Senior Theses

The pollination of flowering crops by bees is an invaluable ecosystem service that supports biodiversity and much of the global agricultural system. Pollinators move pollen between the male structures of a plant to the female structures of a plant of the same species. This fertilizes the female plant, which then produces the next generation. This process also provides the pollinator with the nectar or pollen it needs to survive. While some plants transfer pollen through different means, the majority of plants need help from pollinators to reproduce. Depending on the means of pollination, pollination can be classified as abiotic or …

The Roles Of Silence In Virginia Woolf's Between The Acts, Elizabeth F. Epprecht

Scripps Senior Theses

In this thesis I explore the roles of silence in Virginia Woolf’s last novel, Between the Acts (1941). I focus on three readings of silence in the text. First, I consider her portrayal of malicious silences as unsaid judgments and aggressions and their impact on interpersonal relationships and interactions. Second, I look at detached, empty silence and its relation to the critical passivity Woolf noted in her audience in the early years of WWII. Finally, I consider silence as feminist resistance to traditional narratives through the intertwined experiences of Isa and Miss La Trobe.

Dystopian Paradise: A Meditation On Liberatory Futures For Colonized Pasts, Sara Bautista

Scripps Senior Theses

This thesis is a meditation on liberatory futures for colonized pasts. It begins with a history of the imperial relationship between the US and the Philippines and how coloniality took root in the lives of Filipinos. The second chapter explores the critique of imperialism offered in post/colonial cultural productions by Manuel Ocampo and his location within the museum, as a constitutive site of modernity. The third chapter explores the project of de-coloniality and the role of ritual and imagination.

Better Than Deet Repellent Compounds Derived From Coconut Oil, Junwei J. Zhu, Steven C. Cermak, James A. Kenar, Gary Brewer, Kenneth F. Haynes, David J. Boxler, Paul D. Baker, Desen Wang, Changlu Wang, Andrew Y. Li, Rui-De Xue, Yuan Shen, Fei Wang, Natasha M. Agramonte, Ulrich R. Bernier, Jaires G. De Oliveira Filho, Ligia M.F. Borges, Kristina Friesen, David B. Taylor

Department of Entomology: Faculty Publications

Hematophagous arthropods are capable of transmitting human and animal pathogens worldwide. Vector-borne diseases account for 17% of all infectious diseases resulting in 700,000 human deaths annually. Repellents are a primary tool for reducing the impact of biting arthropods on humans and animals. N,N-Diethyl-meta-toluamide (DEET), the most effective and long-lasting repellent currently available commercially, has long been considered the gold standard in insect repellents, but with reported human health issues, particularly for infants and pregnant women. In the present study, we report fatty acids derived from coconut oil which are novel, inexpensive and highly efficacious repellant compounds. These coconut fatty acids …

Depictions Of The Western Artist In Colonial South Africa: Turbott Wolfe, Chloe Bazlen

Scripps Senior Theses

This thesis explores what the role of the artist provides to the colonial novel. Using William Plomer's novel Turbott Wolfe, the role of the Western artist in colonial South Africa is examined and critiqued, putting it in conversation with the art theory of Roger Fry and the Primitivism movement. In doing so, it explores themes such as desire, miscegenation, complexity, and carnival, showing that while artists partake in society, they also remain critical of it, responding to it in their artwork.

Breastfeeding - Promoting And Supporting The Initiation, Exclusivity, And Continuation Of Breastfeeding In Newborns, Infants And Young Children (3rd Ed.), Registered Nurses' Association Of Ontario

General Submissions: Community and Population-based Materials

The purpose of this best practice guideline (BPG) is to enhance the capacity of nurses, the interprofessional team, peers, policy-makers, and employers to meet the needs of:

• breastfeeding persons
• their healthy term newborns, infants, and young children
• their partners, family, and support network

This BPG is meant to be used by

• nurses
• the interprofessional team
• peers

across the perinatal period to enhance the quality of their practices to support

• breastfeeding initiation
• exclusivity for newborns and infants to six months of age
• continuation for infants and young children to two years or longer, in addition to complementary feeding

For more information …

Rape Culture In Disney Animated Princess Movies, Patricia Paulson

All Graduate Theses, Dissertations, and Other Capstone Projects

Gender stereotypes, rape myths, and rape culture are perpetuated in U.S. media, including media aimed at young people. Previous research in the areas of gender, gender stereotypes, portrayals of gender in movies, Disney movies, rape myths, and rape culture are all examined. Prior to this research, no study had been conducted to determine if the characteristics of rape culture are portrayed in Disney animated princess movies. For this research, an ethnographic content analysis is conducted on all thirteen of the Disney animated princess movies to determine if the characteristics associated with rape culture are portrayed in these movies. The findings …

Empire Of The Imagination: Imperialism And The Child Reader Of Victorian And Neo-Victorian Children's Literature, Megan Hicks

Master’s Theses

My thesis explores the depiction of the British Empire in Victorian and Neo-Victorian children’s fiction. Though scholars may expect to find simplistic imperial triumphalism in texts written in the late Victorian period and incisive critiques of empire in contemporary texts, my work demonstrates that the ideology of empire is much more contradictory, unstable, and incohesive than one might assume. By looking at the instability of imperial ideology through the lens of children’s fiction, I examine the ways in which that ideology is contested in the text rather than a stable site of ideological transference from adult to child. Thus, my …

Social Relationships And Self-Directed Behavior In Hamadryas Baboons (Papio Hamadryas Hamadryas), Melissa C. Painter

Master’s Theses

Self-directed behavior, such as self-scratching and self-grooming, is a behavioral indicator of anxiety in nonhuman primates. Patterns of self-directed behavior are used to identify social and environmental factors related to primate anxiety. This study explored the social context in which individuals in a captive group of hamadryas baboons (Papio hamadryas hamadryas) exhibited self-directed behavior. Self-directed behavior in a partner’s presence was predicted to increase with relationship insecurity. More than 130 hours of behavioral observations were conducted on 12 baboons. Self-directed and social behavior were recorded with focal sampling to determine each animal’s self-directed behavior rate in the presence …

Representing Wilderness In The Shaping Of America's National Parks: Aesthetics, Boundaries, And Cultures In The Works Of James Fenimore Cooper, John Muir, And Their Artistic Contemporaries, Alana Jajko

Master’s Theses

This project studies the works of James Fenimore Cooper, John Muir, and their artistic contemporaries in relation to the shaping of America’s national parks and what it means for the parks and their attending wilderness to be symbolic of the nation. It seeks to reveal the national parks as artistic representations of a constructed wilderness, while also emphasizing the physical experience of the natural world as a means of supplementing our subjective views. Through the lenses of aesthetics, boundaries, and cultures, I narrow my study to focus on three distinct perspectives by which we can understand the national parks and …

Components Of Auditory Imagery In Healthy Aging, Arley K. Schenker

Master’s Theses

Mental imagery, a complex cognitive task that can be conceptualized into separable components, has been seldom studied in older adults. Auditory imagery is a particularly good modality to study throughout the lifespan, given that sounds can be both highly familiar and unfamiliar and that they inherently take place over a period of time. We tested for age differences in each of the four components of auditory imagery: generation, maintenance, inspection, and transformation. Furthermore, we investigated the degree to which certain cognitive measures that vary among individuals, such as musical background, self-reported auditory imagery, and working memory, predict performance differences. Across …

Disarming “Nature” As A Weapon: A Queer Ecosemiotic Reimagining Of Futurity And Environmental Ethics Through Memoir, Sam Lauer

Master’s Theses

In this thesis, I posit that the need for an active, conscious, and radical queering of ecocriticism as a literary and cultural theory has arisen in light of the postmodern problematization of “nature” and the “natural,” along with the queerness of society, culture, and science. The way we understand “nature” (in life and in texts), whether of physical environments, inherent selfhood, or normalcy, begs to be appropriately informed by discourses and realities of queerness in order for both social and environmental healing to take place. I have analyzed three works of queer creative nonfiction—memoirs—to illuminate the ways in which the …

Stability Of Bimetallic Clusters In Protein Model Systems, Sean Hartnett

Master’s Theses

Heterobimetallic cofactors are commonly found in proteins and allow them to perform unique chemical processes that would otherwise not be possible. The interactions between these metals allow the protein to accomplish difficult chemical transformations. Previously, the thermodynamic stability of a Fe^II /Mn^II cluster in the dinucleating ligand F-HXTA (5-fluoro-2-hydroxy-1,3-xylene-α,α′-diamine-N,N,N′,N′-tetraacetic acid) has been investigated in our lab as a model of cluster assembly in the proteins ribonucleotide reductase (RNR) and R2-like ligand binding oxidases (R2lox). By measuring equilibrium concentrations of F-HXTA complexes via ¹⁹F-NMR, it was found that the equilibrium for metal exchange between the homobimetallic …