Digital Commons Network^™

Loud And Soft Anti-Chevron Decisions, Michael Kagan

Scholarly Works

This Article proposes a methodology for interpreting the Supreme Court's long-standing inconsistency in the application of the Chevron doctrine. Developing such an approach is important because this central, canonical doctrine in administrative law is entering a period of uncertainty after long seeming to enjoy consensus support on the Court. In retrospect, it makes sense to view the many cases in which the Court failed to apply Chevron consistently as signals of underlying doctrinal doubt. However, to interpret these soft anti-Chevron decisions requires a careful approach, because sometimes Justices are simply being unpredictable and idiosyncratic. However, where clear patterns can be …

Gender, Law, And Culture In The Legal Workplace: A Chilean Case Study, Ann C. Mcginley

Scholarly Works

"What has to change is the model of work. It can't be that in order to be a partner in a law firm, a woman has to learn to renounce her children. It is the men who have to renounce this work model and take equal responsibility for their children. It is very difficult for a society to do this. "

How do law and culture affect the behavior of actors on the ground? If culture and law interact, how does this interaction occur? This Article examines how gender and law affect lawyers working in a Latin American country Chile …

Remorse Bias, M. Eve Hanan

Scholarly Works

In this article, Professor M. Eve Hanan addresses how implicit cognitive biases may affect judges when they decide whether to credit defendants' displays of remorse and how we can lessen the effects of that bias. Part I of this article introduces the main ideas to be discussed. Part II establishes the salience of remorse to punishment decisions and then demonstrates the ambiguity involved in assessing the sincerity of remorse. Part III examines existing research on implicit biases associating African Americans with criminality to consider whether judges are likely to view African American defendants' expressions of remorse as insincere and, thus, …

Book Review: Legal Persuasion: A Rhetorical Approach To The Science, Lori D. Johnson, Sarah Morath

Scholarly Works

In this piece written for Legal Writing: The Journal of the Legal Writing Institute, Professor Lori D. Johnson provides a compelling review of new publication co-authored by William S. Boyd Law Professor Linda L. Berger.

The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan

Scholarly Works

Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear “Black Lives Matter” pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in courtrooms. This Essay argues for a way to strike a balance.

Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble

Scholarly Works

Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately—if …

Rewriting Judicial Opinions And The Feminist Scholarly Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford

Scholarly Works

In this introduction to an online symposium on Feminist Judgments: Rewritten Opinions of the United States Supreme Court, the editors of this groundbreaking project reflect on the journey and what remains to be done.

Law, Religion, And Health Care, David Orentlicher

Scholarly Works

No abstract provided.

Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher

Scholarly Works

No abstract provided.

Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher

Scholarly Works

No abstract provided.

Consumer Preferences Of Acidity Levels In Drinking Water, Dustin Dutchuk

Undergraduate Theses and Senior Projects

No abstract provided.

Inertial And Liquefaction-Induced Kinematic Demands On A Pile-Supported Wharf: Physical Modeling, Milad Souri, Arash Khosravifar, Stephen E. Dickenson, Scott Schlechter, Nason Mccullough

Civil and Environmental Engineering Faculty Publications and Presentations

Results of a centrifuge test on a pile-supported wharf were used to investigate the time-, depth-, and row-dependent nature of kinematic and inertial loading on wharf piles in sloping rockfill. P-y models were calibrated against recorded bending moments in different piles and different depths. It was found that full kinematic demands and full superstructure inertia should be combined to estimate bending moments at pile head and shallow depths (less than 10 diameters below the ground surface). On the contrary, it was found that applying full kinematic demands alone was adequate to estimate pile bending moments at large depths (greater than …

The Effects Of Long-Duration Subduction Earthquakes On Inelastic Behavior Of Bridge Pile Foundations Subjected To Liquefaction-Induced Lateral Spreading, Jonathan Nasr, Arash Khosravifar

Civil and Environmental Engineering Faculty Publications and Presentations

Effective-stress nonlinear dynamic analyses (NDA) were performed for a large-diameter reinforced concrete (RC) pile in multi-layered liquefiable sloped ground. The objective was to assess the effects of earthquake duration on the combination of inertia and liquefaction-induced lateral spreading. A parametric study was performed using input motions from subduction and crustal earthquakes covering a wide range of motion durations. The NDA results showed that the pile head displacements increased under liquefied conditions, compared to nonliquefied conditions, due to liquefaction-induced lateral spreading. The NDA results were used to develop a displacement-based equivalent static analysis (ESA) method that combines inertial and lateral spreading …

Application Of Nanoparticles In Livestock Manure For Understanding Hydrogen Sulfide And Greenhouse Gas Reduction Mechanism, Niloy Chandra Sarker

Agribusiness and Biosystems Engineering

The agricultural sector is one of the sources of greenhouse gases (GHGs) emission, especially methane (CH4), and contributing approximately 250 million metric ton carbon dioxide (CO2) equivalent emission per year. Almost 70% of CH4 emission from this sector is enteric fermentation, while 26% is from the livestock manure management. Both rumen and animal manure are the impending sources of carbon (C), sulfur (S), and water (H2O) and microbial populations utilize these constituents to produce GHGs, and hydrogen sulfide (H2S). Nanoparticles (NPs) application in manure is a promising treatment option for mitigating GHG and H2S gases, but limited information is available …

Geographical Variations In The Clinical Management Of Colorectal Cancer In Australia: A Systematic Review, Fiona Crawford-Williams, Sonja March, Michael Ireland, Arlen Rowe, Belinda Goodwin, Melissa Hyde, Suzanne K. Chambers, Joanne Aitken, Jeff Dunn

Research outputs 2014 to 2021

Background: In Australia, cancer survival is significantly lower in non-metropolitan compared to metropolitan areas. Our objective was to evaluate the evidence on geographical variations in the clinical management and treatment of colorectal cancer (CRC).

Methods: A systematic review of published and gray literature was conducted. Five databases (CINAHL, PubMed, Embase, ProQuest, and Informit) were searched for articles published in English from 1990 to 2018. Studies were included if they assessed differences in clinical management according to geographical location; focused on CRC patients; and were conducted in Australia. Included studies were critically appraised using a modified Newcastle–Ottawa Scale. PRISMA systematic review …

Spectrally-Selective Energy-Harvesting Solar Windows For Public Infrastructure Applications, Mikhail Vasiliev, Kamal Alameh, Mohammad Alam

Research outputs 2014 to 2021

A study of photovoltaic solar window technologies is reported and it focuses on their structural features, functional materials, system development, and suitability for use in practical field applications including public infrastructures and agricultural installations. Energy generation performance characteristics are summarized and compared to theory-limit predictions. Working examples of pilot-trial solar window-based installations are described. We also report on achieving electric power outputs of about 25 Wp/m2 from clear and transparent large-area glass-based solar windows.

Identification Of The Cftr C.1666a > G Mutation In Hereditary Inclusion Body Myopathy Using Next-Generation Sequencing Analysis, Yan Lu, Yuwei Da, Yong B. Zhang, Xingang Li, Min Wang, Li Di, Mi Pang, Lin Lei

Research outputs 2014 to 2021

Hereditary inclusion body myopathy (HIBM) is a rare autosomal recessive adult onset muscle disease which affects one to three individuals per million worldwide. This disease is autosomal dominant and occurs in adulthood. Our previous study reported a new subtype of HIBM linked to the susceptibility locus at 7q22.1-31.1. The present study is aimed to identify the candidate gene responsible for the phenotype in HIBM pedigree. After multipoint linkage analysis, we performed targeted capture sequencing on 16 members and whole-exome sequencing (WES) on 5 members. Bioinformatics filtering was performed to prioritize the candidate pathogenic gene variants, which were further genotyped by …

Lifestyle Health Behaviors Of Nurses And Midwives: The ‘Fit For The Future’ Study, Lin Perry, Xiaoyue Xu, Robyn Callagher, Rachel Nicholls, David Sibbritt, Christine Duffield

Research outputs 2014 to 2021

Nurses and midwives (nurses) are the principle role models and health educators for the wider population. This study sought to identify the health-related behaviors of the nursing workforce of New South Wales (NSW), Australia, compared to contemporary recommendations for healthy living and to the Australian general population, matched by gender and age. An electronic cross-sectional survey delivered in 2014–2015 recruited 5041 nurses through the NSW Nurses and Midwives Association and professional networks. Validated health behavior measures were collected and compared to Australian National Health Survey data. Compared with younger nurses, older nurses reported greater adherence to fruit and vegetable guideline …

Glucose Gel As A Potential Alternative Treatment To Infant Formula For Neonatal Hypoglycaemia In Australia, Raenee L. Barbe, Amy K. Ekin, Pushparani Sivakumar, Kay Howard, Therese O'Sullivan

Research outputs 2014 to 2021

Infant formula is often used as a treatment for neonatal hypoglycaemia in Australia; however, there are concerns that this may jeopardise mother-baby bonding and breastfeeding. Successful use of glucose gel as an alternative treatment for hypoglycaemia has been reported. We wanted to investigate in a pilot study whether the use of glucose gel has the potential to quickly and safely restore normoglycaemia in the infants of diabetic mothers in an Australian setting. Infants with asymptomatic hypoglycaemia were treated with glucose gel (n = 36) and compared to a historical group of infants which had been treated with infant formula …

An Integrated Approach To Improving Rural Livelihoods: Examples From India And Bangladesh, Barry Croke, Wendy Merritt, Peter Cornish, Geoffrey J. Syme, Christian H. Roth

Research outputs 2014 to 2021

This paper presents an overview of work in West Bengal, Andhra Pradesh and SW Bangladesh through a series of projects from 2005 to the present, considering the impact of farming systems, water shed development and/or agricultural intensification on livelihoods in selected rural areas of India and Bangladesh. The projects spanned a range of scales spanning from the village scale (∼  1 km²) to the meso-scale (∼  100 km²), and considered social as well as biophysical aspects. They focused mainly on the food and water part of the food-water-energy nexus. These projects were in collaboration with a …

An Overview Of Technical Considerations When Using Quantitative Real-Time Pcr Analysis Of Gene Expression In Human Exercise Research, Jujiao Kuang, Xu Yan, Amanda Genders, Cesare Granata, David J. Bishop

Research outputs 2014 to 2021

Gene expression analysis by quantitative PCR in skeletal muscle is routine in exercise studies. The reproducibility and reliability of the data fundamentally depend on how the experiments are performed and interpreted. Despite the popularity of the assay, there is a considerable variation in experimental protocols and data analyses from different laboratories, and there is a lack of consistency of proper quality control steps throughout the assay. In this study, we present a number of experiments on various steps of quantitative PCR workflow, and demonstrate how to perform a quantitative PCR experiment with human skeletal muscle samples in an exercise study. …

Coagulation And Electrocoagulation For Co-Treatment Of Stabilized Landfill Leachate And Municipal Wastewater, Mohini Verma, R. Naresh Kumar

Research outputs 2014 to 2021

Landfill leachate and municipal wastewater at various ratios (1:20, 1:10, 1:7 and 1:5) were subjected to coagulation and electrocoagulation (EC). Alum was used in conventional coagulation at pH 6 and aluminum plate as electrode was used in EC at a current density of 386 A/m² with 5 cm inter electrode spacing. Treatment efficiency was assessed from removal of chemical oxygen demand (COD), total suspended solids (TSS), turbidity, ammonia, nitrate and phosphate. At 1:5 ratio of landfill leachate to municipal wastewater, highest COD removal was with 3.8 g/L alum whereas highest turbidity removal was with 3.3 g/L alum during coagulation. …

An Ehealth Program For Patients Undergoing A Total Hip Arthroplasty: Protocol For A Randomized Controlled Trial, Rosemary Saunders, Karla Seaman, Catherine Ashford, Trudy Sullivan, Judith Mcdowall, Lisa Whitehead, Bev Ewens, Kathryn Pedler, Karen Gullick

Research outputs 2014 to 2021

Background: Total hip arthroplasty is an effective surgical procedure commonly used worldwide for patients suffering the disabling effects of osteoarthritis when medical therapy is unsuccessful. Traditionally pre- and postoperative information for patients undergoing a hip arthroplasty has been provided by paper-based methods. Electronic health (eHealth) programs to support individualized patient education on preoperative preparation, in-patient care, and home rehabilitation have the potential to increase patient engagement, enhance patient recovery, and reduce potential postoperative complications.

Objective: The aim of this study is to compare the addition of an eHealth program versus standard care for pre- and postoperative education on patient outcomes …

Nitrate-Rich Vegetables Do Not Lower Blood Pressure In Individuals With Mildly Elevated Blood Pressure: A 4-Wk Randomized Controlled Crossover Trial, Lauren C. Blekkenhorst, Joshua R. Lewis, Richard L. Prince, Amanda Devine, Nicola P. Bondonno, Catherine P. Bondonno, Lisa G. Wood, Ian B. Puddey, Natalie C. Ward, Kevin D. Croft, Richard J. Woodman, Lawrence J. Beilin, Jonathan M. Hodgson

Research outputs 2014 to 2021

Background - Emerging evidence suggests that increasing intakes of nitrate-rich vegetables may be an effective approach to reduce blood pressure.

Objective - Our primary aim was to determine whether daily consumption of nitrate-rich vegetables over 4 wk would result in lower blood pressure.

Design - Thirty participants with prehypertension or untreated grade 1 hypertension were recruited to a randomized controlled crossover trial with 4-wk treatment periods separated by 4-wk washout periods. Participants completed 3 treatments in random order: 1) increased intake (∼200 g/d) of nitrate-rich vegetables [high-nitrate (HN); ∼150 mg nitrate/d], 2) increased intake (∼200 g/d) of nitrate-poor …

Challenges And Strategies For Assessing Student Workplace Performance During Work-Integrated Learning, Denise Jackson

Research outputs 2014 to 2021

This study explores the challenges of assessing student workplace performance during work-integrated learning. It highlights the need for, yet difficulties with, combining positivist and constructivist assessments where workplace supervisors make evaluative judgements on performance yet students are also agents in their own assessment. It examines the ratings awarded by 163 workplace supervisors for 213 business undergraduates completing a work placement as part of their degree program in Western Australia. Students were rated on 17 capabilities associated with employability and results indicate, in alignment with previous studies, a tendency among supervisors to assign inflated marks across capabilities. The mean capability rating …

Comment On 'Geoengineering With Seagrasses: Is Credit Due Where Credit Is Given?', Peter I. Macreadie, Carolyn J. Ewers-Lewis, Ashley A. Whitt, Quinn Ollivier, Stacey M. Trevathan-Tackett, Paul Carnell, Oscar Serrano

Research outputs 2014 to 2021

Over the past decade scientists around the world have sought to estimate the capacity of seagrass meadows to sequester carbon, and thereby understand their role in climate change mitigation. The number of studies reporting on seagrass carbon accumulation rates is still limited, but growing scientific evidence supports the hypothesis that seagrasses have been efficiently locking away CO2 for decades to millennia (e.g. Macreadie et al 2014, Mateo et al 1997, Serrano et al 2012). Johannessen and Macdonald (2016), however, challenge the role of seagrasses as carbon traps, claiming that gains in carbon storage by seagrasses …

Cynicism About Change, Work Engagement, And Job Satisfaction Of Public Sector Nurses, Diep T. N. Nguyen, Stephen T. Teo, David Pick

Research outputs 2014 to 2021

This paper uses the job demands‐resources theory to examine the consequences of changes on nursing work. Data were collected from 220 public sector nurses in Australia to test the model. We conducted a two‐wave data collection process where independent variables (organisational change, workload, job control, nursing administrative stressors, cynicism about organisational change, and demographic variables) were collected in Time 1. The dependent variables (nursing work engagement and job satisfaction) were collected 6 months later. Changes to nursing work were found to cause high workload and an increase of administrative stressors that leads to an increase in nurses’ change cynicism. Job …

Ferromagnetic Shape Memory Heusler Materials: Synthesis, Microstructure Characterization And Magnetostructural Properties, Riaz Ahamed Ahamed Khan, Reza Ghomashchi, Zonghan Xie, Lei Chen

Research outputs 2014 to 2021

An overview of the processing, characterization and magnetostructural properties of ferromagnetic NiMnX (X = group IIIA-VA elements) Heusler alloys is presented. This type of alloy is multiferroic-exhibits more than one ferroic property-and is hence multifunctional. Examples of how different synthesis procedures influence the magnetostructural characteristics of these alloys are shown. Significant microstructural factors, such as the crystal structure, atomic ordering, volume of unit cell, grain size and others, which have a bearing on the properties, have been reviewed. An overriding factor is the composition which, through its tuning, affects the martensitic and magnetic transitions, the transformation temperatures, microstructures and, consequently, …

The Image Of India As A Travel Destination And The Attitude Of Viewers Towards Indian Tv Dramas, Usep Suhud, Gregory B. Willson

Research outputs 2014 to 2021

For a few decades now, various television stations in Indonesia have been broadcasting foreign drama series including those from a range of Asian countries, such Korea, India, Turkey, Thailand and the Philippines . This study aims to explore attitude towards Asian drama in those countries and the destination image of the country where the drama emanates from as perceived by the audiences. This study applied a mixed-methodology approach in order to explore particularly attitudes towards foreign television drama productions. There is a paucity of study exploring the attitudes of audiences towards Indian television dramas and a limited study focussing on …

An Explanation Of Apology Acceptance Based On Lay Peoples’ Insights, James Strickland, Katie Martin, Alfred Allan, Maria M. Allan

Research outputs 2014 to 2021

Apologies play an important role in forgiveness, but the pathway from apology to forgiveness is unclear. Many researchers use Goffman’s model of the corrective interchange, or models derived from it to guide their research. This model is based on the assumption that offenders apologise to victims who accept these apologies and that this leads to forgiveness. The acceptance of the apology is therefore central in this model, so we undertook a systematic literature review to determine how researchers conceptualise and measure apology acceptance and found a lack of clarity around the construct. We addressed this theoretical uncertainty by exploring whether …