Digital Commons Network^™

Attorney Advertising In 'The Litigators' And Modern-Day America: The Continued Importance Of The Public's Need For Legal Information, David L. Hudson Jr.

Law Faculty Scholarship

This Essay addresses the phenomenon of attorney advertising from several vantage points. Part II of the Essay addresses how best-selling author John Grisham depicts attorney advertising in his great book The Litigators. Part III discusses the legal framework of how the U.S. Supreme Court protected attorney advertising as a form of protected commercial speech. Part IV addresses how the states and bar regulators have treated attorney advertising. Finally, Part V addresses the recent Association of Professional Responsibility Lawyers Report and the American Bar Association’s proposed changes to the ABA Model Rules of Professional Conduct regarding attorney advertising. Part V briefly …

Thirty Years Of Hazelwood And Its Spread To Colleges And University Campuses, David L. Hudson Jr.

Law Faculty Scholarship

This Article first examines K-12 student speech law before Hazelwood School District v. Kuhlmeier and then discusses the Hazelwood decision. Next, the article focuses on the spread of Hazelwood and its deferential standard to the college and university level. This section examines cases from five different areas where the standard has been utilized with increasing frequency. Finally, the Article offers a few concluding thoughts on the Hazelwood standard and why it should be limited, if not interred.

First Amendment Tests From The Burger Court: Will They Be Flipped?, David L. Hudson Jr.

Law Faculty Scholarship

This article provides an overview of the Lemon test, Miller test, and the Central Hudson test, assessing how they fared in subsequent years, and offers thoughts on their continuing vitality.

Losing The Spirit Of Tinker V. Des Moines And The Urgent Need To Protect Student Speech, David L. Hudson Jr.

Law Faculty Scholarship

This essay first examines the Tinker case and reminds readers of the powerful language Justice Fortas used in his majority opinion. It explains that the test from Tinker was designed to be a speech-protective standard for student litigants. The second part of the essay evaluates several recent cases, which demonstrate that the once speech-protective standard in Tinker has become a test that is often favorable and deferential to school officials embroiled in student, free-speech controversies.

Essay: Justice Thurgood Marshall, Great Defender Of First Amendment Free-Speech Rights For The Powerless, David L. Hudson Jr.

Law Faculty Scholarship

This essay explains that Justice Thurgood Marshall’s passionate defense of freedom of expression can be seen most clearly in his defense of free-speech rights even when the government acts not as sovereign, but as warden, employer, or educator. In other words, Marshall’s commitment to free-speech is shown most forcefully by how he consistently protected the free-expression rights of inmates, public employees, and public school students.

Richard Carlyon: A Network Of Possibilities, Ashley Kistler, Chris Burnside, Paul Ryan

Books and Book Chapters

This book was published on the occasion of the exhibition, Richard Carlyon: A Network of Possibilities, Reynolds Gallery, January 19 - March 9, 2018. The exhibition, curated by Ashley Kistler, included a selection of Carlyon's work made over the span of fifty years, and focused on the "network of possibilities" that took shape from the artist's sense of experimentation, curiosity, and agile thinking. The selected pieces include painting, ink drawings, and collage.

Synthetic Snake Venom: The Novel Creation Of Crotalid Phospholipase A2 Using Genetic Engineering, Taylor Anderson, Emily Jesgarz, Richard Klein, Andrew Merkley, Alaric Siddoway

Biological Engineering

Antivenin is listed as one of the World Health Organization’s Essential Medicines¹, and as such, it is integral to a modern health care system. Antivenin is currently developed through a process of milking venomous animals, in this case, snakes, concentrating the venom, inoculating animals, and isolating antibodies found in their plasma. The aim of this project is to genetically engineer an organism to overexpress common proteins found in snake venom, thereby lowering the cost of antivenin.

Cirt News - January 2018, Center For Instruction & Research Technology (Cirt)

CIRT News

This issue contains the following articles:

Faculty Spotlight: Using Outcomes in Canvas to Report and Evaluate Student Achievement of Learning Objectives

Director's Message: Online Learning Updates

Upcoming Events

Digital Thinking: Data Visualization Applications Available through CIRT

Best Practices Online: Test Security

Canvas News

Faculty Domains Updates

New in CIRT

Catalog 2018-2019, University Of North Florida

UNF Course Catalogs

No abstract provided.

Contextualizing Lgbtq Faculty Experiences: An Account Of Sexual Minority Perceptions, Travis Dimitri David

All Theses And Dissertations

The well-being of faculty is susceptible to influence from intrinsic and extrinsic occupational characteristics. Heterosexism or hostile environments can be associated with decreased satisfaction amongst sexual minorities. As such, this transcendental phenomenology examined perceptions from tenured lesbian, gay, bisexual, transgender and queer (LGBTQ) faculty of their workplace conditions. Eight participants reflected on experiences from within higher education, academic settings. This study purposefully probed how sexual orientation and sexual minority status impacted their overall job satisfaction. Through providing context for social interactions in a traditionally heteronormative environment, cultural and attributional behaviors associated with affecting LGBTQ faculty in higher education was analyzed. …

Boilerplate’S False Dichotomy, James Gibson

Law Faculty Publications

The argument against enforcing boilerplate contracts (contracts that no one reads) seems clear. Indeed, if this were a court case we would say that the jury is in; the evidence against boilerplate is overwhelming. Yet the judge has yet to render judgment. Courts continue to enforce boilerplate terms, and even those scholars who have exposed boilerplate as an emperor with no clothes are reluctant to gaze upon its nakedness and condemn its use.

This reluctance originates in an assumption that pervades the boilerplate debate—namely, that courts and commentators alike view boilerplate as necessary to the modern transaction. When asked to …

Jurisdictional Idealism And Positivism, John F. Preis

Law Faculty Publications

“If I should call a sheep’s tail a leg, how many legs would it have? Four, because calling a tail a leg would not make it so.” This old quip, often attributed to Abraham Lincoln, captures an issue at the heart of the modern law of subject matter jurisdiction. Some believe that there is a Platonic ideal of jurisdiction that cannot be changed by judicial or legislative fiat. Others take a positivist approach and assert that jurisdiction is nothing more than whatever a legislature says it is. Who is right?

Neither and both. Although neither idealism nor positivism is the …

The New(Clear?) Electricity Federalism: Federal Preemption Of States’ “Zero Emissions Credit” Programs, Joel Eisen

Law Faculty Publications

This Article proposes and applies a “conscious disregard” test for resolving the upcoming appellate litigation that involves the conflict between federal authority over the electric grid and state laws providing subsidies to nuclear power plants in the form of “zero emissions credits” (ZECs). This test draws upon principles of conflict preemption, as elaborated in three recent Supreme Court decisions on the intersection of state and federal jurisdiction over the electric grid under the Federal Power Act. It provides that if a state law explicitly aims to directly affect wholesale electricity market prices, terms or conditions, its subsidy program is impermissible …

Free Trade In Electric Power, Joel Eisen

Law Faculty Publications

This Article develops the core legal framework of a new electricity-trading ecosystem in which anyone, anytime, anywhere, can trade electricity in any amount with anyone else. The proliferation of solar and other distributed energy resources, business model innovation in the sharing economy, and climate change present enormous challenges — and opportunities — for America’s energy economy. But the electricity industry is ill equipped to adapt to and benefit from these transformative forces, with much of its physical infrastructure, regulatory institutions, and business models a relic of the early days of electrification. We suggest a systematic rethinking to usher in a …

Enforcing The Rights Of Due Process: The Original Relationship Between The Fourteenth Amendment And The 1866 Civil Rights Act, Kurt T. Lash

Law Faculty Publications

For more than a century, legal scholars have looked to the 1866 Civil Rights Act for clues regarding the original meaning of the Fourteenth Amendment. Because the 1866 version of the Act protected only citizens of the United States, most scholars believe that the Act should be used as a guide to understanding the Fourteenth Amendment’s citizenship-based Privileges or Immunities Clause. A close look at the original sources, however, reveals that the 1866 Civil Rights Act protected rights then associated with the requirements of due process. The man who drafted Section One of the Fourteenth Amendment, John Bingham, expressly described …

Who Benefits From Repealing Tampon Taxes? Empirical Evidence From New Jersey, Christopher A. Cotropia

Law Faculty Publications

Many state and local governments exclude some medical products from the sales tax base, including some that are primarily used by men such as hair growth products. However, tampons and other menstrual hygiene products are subject to sales taxes in most states. A recent social movement advocates for the repeal of these “tampon taxes” and several class action lawsuits have been filed against states citing equal protection violations. In this article, we use the 2005 elimination of menstrual hygiene products from the sales tax base in New Jersey as a natural experiment to study who benefits from the repeal of …

Bespoke Discovery, Jessica Erickson

Law Faculty Publications

The U.S. legal system gives contracting parties significant freedom to customize the procedures that will govern their future disputes. With forum selection clauses, parties can decide where they will litigate future disputes. With fee-shifting provisions, they can choose who will pay for these suits. And with arbitration clauses, they can make upfront decisions to opt out of the traditional legal system altogether. Parties can also waive their right to appeal, their right to a jury trial, and their right to file a class action. Bespoke procedure, in other words, is commonplace in the United States.

Far less common, however, are …

The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh

Law Faculty Publications

Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tending to its upkeep ourselves. The silver lining is a double benefit from any constitutional maintenance projects that we undertake now. These projects are good not only for what they do to our Constitution, but also for making us exercise self-government muscles that have atrophied from civic sloth.

Fortunately, the time has never been better to repeal one of our Constitution’s most pointlessly exclusionary provisions. The President of the United States is married to a naturalized citizen. And nobody can legitimately question the patriotism …

Senate Blue Slips And Senate Regular Order, Carl Tobias

Law Faculty Publications

Justice Neil Gorsuch’s Supreme Court confirmation process exacerbated the striking divisiveness, rampant partisanship, and stunning paybacks that have systematically plagued the federal judicial selection process. The Senate basically ended any true debate when the Republican majority peremptorily detonated the “nuclear option” for Supreme Court nominees. This measure limited filibusters regarding all judicial nominees, allowing a simple majority ballot to confirm a nominee. One century-long practice that does remain is the “blue slip.” Under Senate tradition, whenever the President submits a federal district or appeals court nominee, the Judiciary Committee Chair sends a blue slip of paper to each senator who …

Curing The Federal Court Vacancy Crisis, Carl Tobias

Law Faculty Publications

The federal judiciary has experienced a vacancy crisis, which has intensified over President Donald Trump's tenure when judicial openings significantly increased from the 105 vacancies at his inauguration. Despite these concerns, analysts hail court selection as Trump's paramount success. This Article canvasses the rise and expansion of the crisis and scrutinizes the practices which Trump and the I 15th Senate instituted, as Republican concentration on quickly appointing many conservative appeals court judges resulted in departures from longstanding precedents and undermined the presidential discharge of constitutional responsibilities to nominate and confirm impressive jurists as well as senatorial duties to advise and …

Image Processing: Iris Detection, Samuel Jungert, David Spencer

Electrical and Computer Engineering

The purpose of this project is to use image processing techniques to detect the eye’s iris center. A camera with a wide angle lens and near Infrared (IR) sensitivity is used as input. An algorithm processes the input image data and distinguishes features such as face, eye region, and iris.

Auto-Locking Knee Brace, Kareena Hudson

Electrical and Computer Engineering

The Auto-Locking Knee Brace provides a support system for those with weak or otherwise unreliable knees. It functions by detecting sudden changes in direction and locking the brace into place to help prevent a fall. The knee brace is worn regularly and programmed to be able to identify the difference between normal movement and a fall risk. When a fall risk is detected the knee brace is programmed to lock into place preventing the fall. If a fall is falsely detected, or after stability is regained, the knee brace contains a lock-release mechanism. All the user has to do is …

Open Eyes Smart Application, Austin Goddard

Electrical and Computer Engineering

Open Eyes is a smart home application that combines machine learning and computer vision techniques into an Alexa smart home app that works through your Amazon Echo device. The application will fulfill several purposes. It will notify the home user when unknown guests have entered, track commonly lost objects and communicate a catalog of objects detected. Open Eyes uses deep learning neural networks and computer vision to observe its surroundings and provide users with information they require. It is operated by simple voice commands such as “Who is in my living room?” or “Where is my phone?”. The system should …

The Pocket Generator A Self-Charging Backup Battery, Cadin White

Electrical and Computer Engineering

The purpose of this project was to provide a personal external power source for small electronic devices such as smart phones. The objective was to use triboelectric effects between materials with different electron affinities in order to store energy from mechanical movement. This effect allowed the pocket generator to collect energy as it was carried by a person throughout their daily routine. Directing that energy into a rechargeable battery allowed that energy to be used later for powering a personal electronic device.

The Effects Of Quality Assurance Rating By Independent Assessors On External Auditors’ Judgment On Evaluation Of The Internal Auditor’S Work, Patcharee Treepornchaisak

Chulalongkorn University Theses and Dissertations (Chula ETD)

The International standard on Auditing (ISA) 610, using the work of internal audit allows the external auditors to use internal audit's work and use internal auditors as assistants. But the external auditors have to evaluate internal audit function by themselves. The self-evaluation causes uncertainty in using IAF's work and using internal auditors as assistants. The prior studies identify that the three determinants of IAF quality are objectivity, competence and work performance. This study argues that the quality assurance report (QAR) help increase external auditors' reliance decision. Moreover a paper posits that the internal control environment is also related to the …

Physiological And Immunological Responses Of Porcine Primary Endometrial Cells To Porcine Reproductive And Respiratory Syndrome (Prrs) Virus Infection, Muttarin Lothong

Chulalongkorn University Theses and Dissertations (Chula ETD)

Porcine reproductive and respiratory syndrome virus (PRRSV) is highly limited to only cell subsets that express PRRSV receptors. Reproductive organ revealing the typical signs of PRRSV infection may be the critical site of problem syndromes. Persistent PRRSV producing re-infection via horizontal or vertical transmission could not be eradicated from herds. This research examined the possibility of porcine endometrium to be a PRRSV permissive cell and serves as the primary cause of the persistent PRRSV. Cellular and immunological in response to PRRSV relevant to viral replication, shedding and re-circulation was assessed. The different outcomes between the different genotypes (type I vs. …

Thin Cloud Removal Using Local Minimization And Image Transformation In Hsi Color Space, Thanet Markchom

Chulalongkorn University Theses and Dissertations (Chula ETD)

In the use of satellite images, clouds can be an obstacle due to their opacity property that can block the visibility of ground objects in case of thick clouds and can also be blended with the underlying details in case of thin clouds. In this research, we propose a novel method to remove thin clouds and retrieve the actual information by taking the advantage of HSI color space instead of RGB color space. The proposed method aims to estimate the cloud appearance called the scattering light, remove thin clouds from intensity channel to avoid an effect to the original color, …

Polyamine Accumulation And Responses Of Mango Fruit To Postharvest Polyamine Application, Bussarin Wonnabussapawich

Chulalongkorn University Theses and Dissertations (Chula ETD)

Mango (Mangifera indicia L.) is a popular tropical fruit which has a great value in both domestic and international markets. Mango is a climacteric fruit which ethylene production increases dramatically, thus leading to a quick ripening process and a short postharvest life. Polyamines (PAs) have been reported to be involved in fruit ripening. Changes in endogenous free polyamines accumulation were measured in two mango cultivars; ‘Nam Dok Mai No.4’ and ‘Nam Dok Mai Si Tong’. Mangoes were allowed to ripen at 25±1 ºC after harvest. It was found that ‘Nam Dok Mai No.4’ mango exhibited higher ethylene production, respiration rate, …

Functional Characterization Of Heat Shock Proteins During Stress Response In Pacific White Shrimp Penaeus Vannamei And Brine Shrimp Artemia Franciscana, Wisarut Junprung

Chulalongkorn University Theses and Dissertations (Chula ETD)

Acute hepatopancreatic necrosis disease (AHPND) caused by the bacterium Vibrio parahaemolyticus carrying toxin produced plasmid (VPAHPND), has led to severe mortalities in farmed penaeid shrimp throughout Asia. Our studies demonstrated that a chronic non-lethal heat shock (chronic-NLHS) could enhance resistance of the Pacific white shrimp Penaeus vannamei to VPAHPND infection. Shrimp exposed to chronic-NLHS (28 °C to 38 °C, 5 min for 7 days) had higher survival rate (>50%) than that of the control non-heated shrimp (20%) when they were challenged with VPAHPND. The qRT-PCR analysis revealed that the expression of heat shock proteins, LvHSP70 and LvHSP90, as well …

Production And Purification Of Mannan Oligosaccharide And Its Role In Tight Junction Assembly In Epithelial Cells, Chatchai Nopvichai

Chulalongkorn University Theses and Dissertations (Chula ETD)

Mannan Oligosaccharide (MOS) is well-known as prebiotic supplement that help increasing life quality of livestocks and animals. Many reports revealed that MOS supplement can help improve intestinal morphology, enhancing growth performance, raising body weight, and increasing metabolic and stress response. MOS feeding also affected several biological processes in peripheral blood mononuclear cells in pigs and modulates expression of many immune-related genes that helps to prevent and reduce the severity of viral infection. However, the mechanism of action of MOS is remained unclear and the production, purification, identification of bioactive MOS molecular type is needed. In this study, we developed a …