Digital Commons Network^™

Social Cohesion Among Individuals Participating In Re-Entry Groups, Todd Reiser

Open Access Theses & Dissertations

When prisoners are released from incarceration they enter a social landscape that holds unique challenges. One of the ways humans living within social systems understand their place and role is through the mechanism of religion. This study investigates how group religious practice establishes a shared worldview among those recently released from prison; a worldview that promotes the creation of positive social cohesion which contribute to life improvements, social mobility, and social status changes. "Social networks may include friendship circles in local congregations, scripture study groups and relationships with religious leaders who serve as role models for individuals" (Kerley et al …

The Illusion Of An Abundant End- A Phenomenological Approach To Sustainability: The Progress Trap And The Transformative Potential Of Dialogue, Shantanu Rojatkar

Open Access Theses & Dissertations

Abundance is a concept according to which a thing is deemed to be in plenty. The feeling of satisfaction and assurance, arising from something that is concretely abundant, serves as a material reason for motivation of a desired action. Just like the stock of food lying in our fridge, ensuring more than just the needs of the moment, the abundance cooks the taste of freedom, freedom from worrying about tomorrow. However, over consumption out of greed as a potential outcome of abundance, could result in the increased capacity of a person in order to reach the initial level of satisfaction. …

Ultrafine Black Carbon: A Cumulative Assessment On The Physiology Of Lung - Derived Cells, M Esther Salinas

Open Access Theses & Dissertations

Combustion-derived nanomaterials are noxious ultrafine (<100 nm) aerosolized by-products generated by human activity. They pose threats to pulmonary health due to their small size, allowing them to penetrate deep into the alveolar regions causing detrimental responses downstream. Indeed, an examination between nanocarbon particle exposure and poor pulmonary health via cellular behavior was needed. I hypothesized that low-dose and long-term administrations of carbonaceous nanoparticles contribute to respiratory conditions by irritating lung-derived cells. Responses to ultrafine black carbon (UBC), a key component of airborne pollutants, by human lung A549 and murine lung LA4 epithelial cells, human peripheral-blood monocytes THP1, and murine macrophages RAW264.7 were investigated. These lines were chosen because epithelial cells and mononuclear cells (monocytes and macrophages) are the first to come in contact with inhaled particulate matter (PM) and contribute to stress and inflammation of pulmonary tissues. The cells were first plated on day zero and fed fresh UBC suspended in culture media on days one, four, and seven. The exposure regimen included three different low-level concentrations of UBC. On day ten, all cells were prepared for subsequent assays. Effects on cellular viability revealed that UBC was modestly cytotoxic while ATPase and esterase activity (termed enzyme vitality for the purpose of this study) were significantly diminished in a dose-dependent manner. Additionally, beta-galactosidase proportionally increased with UBC concentration compared to untreated cells, indicating that cellular senescence was promoted across all cell types. Multiple markers of oxidative stress were subsequently measured, showing non-uniform trends and displaying moderate accumulation of oxidative damage, contingent upon cell line and UBC treatment. However, a significant induction of inner mitochondrial membrane depolarization of human UBC-treated cells was observed; an aberrant cell-cycle progression was found across all cells. The implemented regimen of UBC exposure elicited an imbalance of free (reduced) glutathione, altered mitochondrial potential, and abnormal cell-cycle activity. This method demonstrated that modifications across both species induced changes to cellular fitness overall. The data supported that compounding nanosized black carbon exposure could negatively affect overall pulmonary cell health by distinctively modifying intracellular activity. Additionally, we further surmised that sustained exposure to nanocarbon could impair innate immunity. Therefore, reactive oxygen species (ROS), reactive nitrogen species (RNS), and cytokine levels upon continuous administrations to 3.0 μg/mL UBC after brief challenges to microbial proxies were assessed; on day 9, the cells were succumbed to three different microbial insults (LPS, Poly I:C, and Zymosan). On day 10, measurements demonstrated a moderate accumulation of oxidative stress, conditional to each cell type. Thus, UBC plus microbe approach triggered pro-oxidant levels and cytokine production across different cell types and diminished phagocytic response by murine macrophages. Based on the results, ultrafine-PM exposure may impair inflammatory function in response to pathogenic infections. In summation, our findings indicated that additive nanosized UBC in combination with microbe-like challenges may compromise cellular behavior, suggesting potential ways by which inhalation of ultrafine-PM may contribute to or exacerbate poor pulmonary health.

Attitudes And Barriers Affecting Hearing Aid Use In Hispanics Living In The U.S. Borderland Region, Loren Renee Sotelo

Open Access Theses & Dissertations

Hearing loss can affect a person's overall quality of life, and has been linked to depression and dementia in older adults (Brewster, Ciarleglio, Brown, Chen, Kim, Roose, Golub & Rutherford, 2018; Ciorba, Bianchini, Pelucchi, & Pastore, 2012). In the largest study to date of hearing loss among Hispanic adults residing in the U.S., researchers found that nearly 1 in 7 has hearing loss, which is close to the overall national average (National Institutes of Health, 2015). Currently, hearing aids are the primary/most effective treatment for an age-related hearing loss; Unfortunately, the adult uptake rates are low (Chien & Lin, 2012; …

Investigation Into The Effects Of Copper Based Nanoparticles On Sugarcane (Saccharum Officinarium) And Zucchini (Cucurbita Pepo), Carlos Tamez

Open Access Theses & Dissertations

The widespread use of copper-based nanomaterials has been accompanied by an increasing interest to understand their potential risks. Due to high surface area to volume properties, nanomaterials are more reactive than their bulk counterparts. Copper nanoparticles are used in numerous products, and could enter the environment through their synThesis or incidental use. It is essential to understand the effects of nanoparticles on edible crops by performing both short-term and long-term experiments at relevant exposure concentrations. In order to evaluate biochemical and physiological effects crops, sugarcane and zucchini, were grown in soil amended with: Kocide 3000 (copper-based fungicide), nano-sized CuO (nCuO), …

Spectroscopic Analysis Of Calcium Oxalate Kidney Stone Inhibition By Nordihydroguaiaretic Acid (Ndga), Mahendra Subedi

Open Access Theses & Dissertations

This current study provides information regarding the inhibition of calcium oxalate type of kidney stones by the use of nordihydroguaiaretic acid (NDGA). Around 80% of kidney stones found in patients are principally made of calcium oxalate and calcium phosphate. NDGA is an antioxidant compound that is chemically extracted from the desert bush Larrea tridentata. This work is a logical continuation of a previous research, where different concentrations of Larrea tridentata extract were used for such inhibition. Size and morphological changes from a calcium oxalate monohydrate (COM) structure to a calcium oxalate dihydrate (COD) structure were previously reported.

In the current …

Fishers' Ecological Knowledge And Stable Isotope Analysis: A Social-Ecological Systems Approach To Endangered Species Conservation, Kathryn Rose Wedemeyer-Strombel

Open Access Theses & Dissertations

Identifying developmental habitat is essential for understanding population structure and species resiliency, especially for critically endangered species. In long-lived, oceanic, migratory animals such as sea turtles, elucidating developmental grounds is particularly difficult. When data are deficient or challenging to acquire, scientists often lean towards traditional quantitative methods when a social-ecological systems approach could better provide crucial baseline data and guiding information. Fishers’ ecological knowledge (FEK), the combination of experiential and culturally transmitted knowledge, is expert knowledge and should be treated as such. In 2008, FEK led to the “rediscovery” of the critically endangered eastern Pacific (EP) population of hawksbill sea …

This Is The Moment Of Truth, Ray León, Roger Lin, Camille Pannu, Irene Vasquez

Faculty Scholarship

While everyone is taking their seats, I wanted to quickly just thank the prior panelists today and bring it full circle, back to Mustafa’s opening keynote, where he asked, “Who is fighting these fights? Who is doing this work in fighting for justice?” He pointed out that many of the people fighting these fights, many of the advocates, are people who look like you and are also the same age as you. That is why we have this panel. What can you, as students, do to get involved in the environmental justice or social justice movements?

My name is Roger …

A Promising Start For Early Childhood Development And The Law, Clare Huntington

Faculty Scholarship

Examining the role of the law in early childhood development is not new; several legal scholars have engaged in such an inquiry, including scholars at this symposium. But this engagement has not led to a sustained debate about how the legal system can foster early childhood development, nor has it yet led to the integration of legal scholars into the interdisciplinary research on, and policy debates about, early childhood. I have argued that the creation of a new subdiscipline in family law — early childhood development and the law — would achieve these goals, sparking debate within law, bringing a …

Nonvoting Shares And Efficient Corporate Governance, Dorothy S. Lund

Faculty Scholarship

A growing number of technology companies, including Google, Zillow, and Snap, have issued stock that does not allow investors to vote on corporate decisions. But there is fundamental disagreement among scholars and investors about whether nonvoting stock is beneficial or harmful. Critics argue that nonvoting shares perpetually insulate corporate insiders from influence and oversight, and therefore increase agency costs. By contrast, proponents contend that nonvoting shares may provide benefits that exceed these agency costs, such as enabling corporate insiders to pursue their long-term vision for the company without interference from outside shareholders.

This Article offers a novel perspective on this …

Overview Of Climate Change Litigation, Michael B. Gerrard

Faculty Scholarship

Climate change litigation is a global phenomenon. According to a database maintained by the Sabin Center for Climate Change Law, as of February 4, 2019 a total of 1,297 climate cases had been filed in courts or other tribunals worldwide. Of these, 1,009 — 78 percent — were from the United States, Australia was a distant second, with ninety-eight, followed by the United Kingdom with forty-seven. No other country had as many as twenty. The cases were filed in twenty-nine countries and six international tribunals, led by the Court of Justice of the European Union, which had forty-one.

Newcomer English Language Learners In High School Choral Music Education: An Ethnographic Case Study, Lisa Ann Serna

Open Access Theses & Dissertations

This five month long ethnographic case study seeks to add to the limited literature on Newcomers enrolled in choir (Carlow, 2006), by understanding the role a focused choral music education plays in their ability to listen, speak, read, and write in the English language. The study also seeks to contribute to the literature connecting language learning and choral music education. The purpose of the study was to understand Newcomer English language learners' (NELs) experiences of practice and performance in high school choir, as it relates to language learning and social belonging. Cultural Historical Activity Theory framed my study which allowed …

Janus's Two Faces, Kate Andrias

Faculty Scholarship

In ancient Roman religion and myth, Janus is the god of beginnings, transitions, and endings. He is often depicted as having two faces, one looking to the future and one to the past. The Supreme Court’s Janus v AFSCME case of last Term is fittingly named.Stunning in its disregard of principles of stare decisis, Janus overruled the forty-year-old precedent Abood v Detroit Board of Education.The Janus decision marks the end of the post – New Deal compromise with respect to public sector unions and the First Amendment. Looking to the future, Janus lays the groundwork for further attack on …

A Comparative Study Of College Students’ Cultural Orientation, Aging Attitude, And Anxiety: Japan, China, And Usa., Hiroko Tomioka, Ginny Q. Zhan, Sharon M. Pearcey

Faculty Articles

The current study compared responses from young people on cultural orientation, aging attitudes, and aging anxiety in Japan, China, and the United States. A total of 1,136 college students (357 Japanese, 434 Chinese, and 345 American) filled out a questionnaire that included an IC Scale (Cultural Orientation Scale), Kogan’s Attitudes toward Old People Scale, and a modified Aging Anxiety Scale, in addition to demographic information. Cronbach’s alphas indicated satisfactory reliability on all three scales for the three groups. The results indicate that the Japanese were significantly more collectivistic than both the Chinese and American participants, but the three groups all …

Symposium: The Future Of The New International Tax Regime, Rosanne Altshuler, Fadi Shaheen, Jeffrey Colon, Michael Graetz, Rebecca Kysar, Susan Morse, Daniel Shaviro, Richard Phillips, Daniel Rolfes, Daniel Rosenbloom, Stephen Shay, Steven Dean

Faculty Scholarship

The symposium was held at Fordham University School of Law on October 26, 2018. It has been edited to remove minor cadences of speech that appear awkward in writing and to provide sources and references to other explanatory materials in respect to certain statements made by the speakers.

Showcase Panel I: What Is Regulation For?, Richard Epstein, Philip A. Hamburger, Kathryn Kovacs, John D. Michaels, Britt Grant

Faculty Scholarship

2018 National Lawyers Convention Transcripts

“The administrative state, with roots over a century old, was founded on the premise that Congress lacked the expertise to deal with the many complex issues facing government in a fast-changing country, and that it was unhelpfully mired in and influenced by politics, leading to bad outcomes when it did act. The alternative was to establish administrative agencies, each with assigned areas of responsibility, housing learned experts qualified to make policy decisions, deliberately insulated from political accountability. The Administrative Procedure Act (APA), passed in 1946, both governs the manner in which agencies may adopt and …

Changes In Patterns Of Mortality Rates And Years Of Life Lost Due To Firearms In The United States, 1999 To 2016: A Joinpoint Analysis, Hannah M. Bailey, Yi Zuo, Feng Li, Jae Min, Krishna Vaddiparti, Mattia Prosperi, Jeffrey A. Fagan, Sandro Galea, Bindu Kalesan

Faculty Scholarship

Firearm-related death rates and years of potential life lost (YPLL) vary widely between population subgroups and states. However, changes or inflections in temporal trends within subgroups and states are not fully documented. We assessed temporal patterns and inflections in the rates of firearm deaths and %YPLL due to firearms for overall and by sex, age, race/ethnicity, intent, and states in the United States between 1999 and 2016.

We extracted age-adjusted firearm mortality and YPLL rates per 100,000, and %YPLL from 1999 to 2016 by using the WONDER (Wide-ranging Online Data for Epidemiologic Research) database. We used Joinpoint Regression to assess …

Fair And Impartial Adjudication, Thomas W. Merrill

Faculty Scholarship

Any legal system that purports to respect the rule of law must ensure the fair and impartial adjudication of disputes under the law. Classic accounts of the rule of law assume that courts should resolve such disputes. However, this is too narrow. All forms of adjudication, not just by courts, need to be fair and impartial. In any event, no one could claim that courts or entities by that name are always fair and impartial. All legal systems need a guarantee of fair and impartial adjudication that applies to all forms of dispute resolution under law.

A dispute arising under …

Assessing Aspects Of Acculturation In A Muslim American Sample: Development And Testing Of The Acculturation Scale For Muslim Americans, Anisah Bagasra, Mitchell Mackinem

Faculty Articles

Acculturation of Muslims into the American culture continues to be a topic of deep interest. The purpose of this study was to examine acculturation in a sample of both American-born and Immigrant Muslim Americans. Two hundred and fifty five Muslim Americans completed a scale designed to assess two aspects of acculturation within the population: adherence to Islamic identity and conformity to American social norms. The survey was distributed in both a paper-based and online anonymous format consisting of demographic questions and the acculturation scale designed for this study. Results revealed that both immigrants and U.S. born Muslim Americans demonstrate a …

Three Legal Visions Of A ‘Green New Deal’, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

Rep. Alexandria Ocasio-Cortez (D-N.Y.), who has rocketed to such fame that she is now widely known simply as AOC, and Sen. Edward Markey (D-Mass.), co-father of Waxman-Markey, the cap-and- trade bill that narrowly passed the House in 2009 but died in the Senate, have introduced identical resolutions to create a “Green New Deal.” H. Res. 109, S. Res. 59.

Assessment Of Medicaid Beneficiaries Included In Community Engagement Requirements In Kentucky, Atheendar Venkataramani, Elizabeth F. Bair, Erica Dixon, Kristin A. Linn, Will Ferrell, Margrethe Montgomery, Michelle K. Strollo, Kevin G. Volpp, Kristen Underhill

Faculty Scholarship

States are pursuing Section 1115 Medicaid demonstration waiver authority to apply community engagement (CE) requirements (eg, participation in work, volunteer activities, or training) to beneficiaries deemed able-bodied as a condition of coverage. Understanding the size and characteristics of the populations included in these requirements can help inform policy initiatives and anticipate effects.

Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill

Faculty Scholarship

Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …

Environmental Law, Travis M. Trimble

Scholarly Works

In 2017,1 district courts in the United States Court of Appeals for the Eleventh Circuit decided three cases that clarified issues arising under the Clean Water Act (CWA). 2 The United States District Court for the Southern District of Georgia preliminarily enjoined the Environmental Protection Agency (EPA) and the Army Corps of Engineers from enforcing the Waters of the United States Rule (WOTUS Rule), 3 a regulatory attempt to define the term "Waters of the United States," which is a jurisdictional threshold for agencies' regulatory authority under the CWA.4 Also, the United States District Court for the Northern District of …

Social Vulnerability Assessment Of Dog Intake Location Data As A Planning Tool For Community Health Program Development: A Case Study In Athens-Clarke County, Ga, 2014-2016, Lisa Milot, Jessie Lee Dyer

Scholarly Works

A retrospective spatial analysis of dog intake data from an open admission animal shelter in Georgia was conducted to explore patterns within dog demographics and outcomes by pickup location or by the home address of the person who transferred ownership rights of the dog to Athens-Clarke County Animal Control during the period 2014–2016. Spatial analysis found the relationship between these intake locations and the final disposition of the dogs to be non-random, suggesting social and environmental influences on distribution. Statistically significant clusters were identified using the Getis-Ord Gi* statistic. This study found statistically significant hot spots (i.e., areas with higher …

Code Revision Commission V. Public.Resource.Org And The Fight Over Copyright Protection For Annotations And Commentary, David E. Shipley

Scholarly Works

This article is about the Eleventh Circuit’s 2018 decision in Code Revision Commission v. Public.Resource.Org concerning the public edicts doctrine and holding that the State of Georgia’s copyright on the annotations, commentary and analyses in the Official Code of Georgia Annotated is invalid. About a third of the States claim copyright in the annotations to their codes so the potential impact of this decision is substantial. The U.S. Supreme Court granted Georgia’s petition for a writ of certiorari on Monday, June 24.

The article’s thesis is that the Eleventh Circuit was wrong and should be reversed. It first discusses the …

The Role Of Fault In § 1983 Municipal Liability, Michael Wells

Scholarly Works

Under Monell v. Department of Social Services, local governments are not vicariously liable for constitutional violations committed by their employees. Those governments, however, are liable under 42 U.S.C. § 1983 for violations committed by "policymaking" officials. In the face of these two principles, courts have struggled with cases in which an underling commits a constitutional violation and the claim of municipal liability is based on a policymaker's failure to prevent it. The government can be liable in these "indirect-effect" cases for a policymaker's "deliberate indifference" to safeguarding constitutional rights, a standard that demands an even greater showing of culpability than …

Patent Inequality, Greg Day, W. Michael Schuster

Scholarly Works

Using an original dataset of over 1,000,000 patents and empirical methods, we find that the patent system perpetuates inequalities between powerful and upstart firms. When faced with growing numbers of patents in a field, upstart inventors reduce research and development expenditures, while those already holding many patents increase their innovation efforts. This phenomenon affords entrenched firms disproportionate opportunities to innovate as well as utilize the resulting patents to create barriers to entry (e.g., licensing costs or potential litigation).

A hallmark of this type of behavior is securing large patent holdings to create competitive advantages associated with the size of the …

Understanding The Gap Between Law And Practice: Barriers And Alternatives To Tailoring Adult Guardianship Orders, Eleanor Lanier

Scholarly Works

An overwhelming majority of state laws governing adult guardianship require an inquiry into whether less restrictive alternatives may be available/appropriate and, where guardianship is necessary, that guardianship orders be designed to maximize theindependence of the person subject to the guardianship. However, the best available data indicates that most guardianship orders are plenary," removing rights on a wholesale basis rather than individually tailoring the guardianship. To many observers, the imposition of plenary guardianship contradicts the unambiguous statutory language in most states favoring a tailored approach that implements guardianships to maximize an individual's independence and autonomy.

The literature is rife with examples …

Fragmentation, Harlan G. Cohen

Scholarly Works

A danger, an opportunity, passé, a cliché, destabilizing, empowering, destructive, creative: Depending on whom you ask, fragmentation has meant any and all of these for international law. The concept of fragmentation has been a mirror reflecting international lawyers’ perception of themselves, their field, and its prospects for the future.

This chapter chronicles fragmentation’s meanings over the past few decades. In particular, it focuses on the spreading fears of fragmentation around the millennium, how the fears were eventually repurposed, where, speculatively, those fear may have gone, and how and to what extent faith in international law was restored.

What Is International Trade Law For?, Harlan G. Cohen

Scholarly Works

Events of the past few years, including the Brexit vote in the United Kingdom and the demise of the Trans-Pacific Partnership and election of Donald Trump as President in the United States, have reignited debates about the global trade regime. In particular, many have begun to question whether the trade regime has done enough for those who feel left behind by globalization. While some have held fast to the view that redistribution of trade’s gains is primarily a matter of domestic policy, others have suggested tweaks to the international trade agreements aimed at better spreading the wealth.

But what if …