Digital Commons Network^™

Sexuality Law (Third Edition) (2019), Arthur S. Leonard, Patricia A. Cain

Books

Legal issues arising from the sexual diversity of our society are front and center in many legal fields. The Supreme Court, which selectively controls its docket, now considers sexuality-related cases almost every term, and the pace of litigation in lower courts keeps increasing. Responding to the surge of new developments, the authors have reorganized the front end of the book to emphasize the diversity of issues by providing a chronological journey through the Supreme Court’s treatment of sexuality law issues from the middle of the twentieth century to the present. Chapters on sexual orientation and gender identity issues in the …

Landscaping For Season Long Color, Jaydee Gunnell, Sheriden M. Hansen, Linden Greenhalgh, Holly Christley

All Current Publications

This fact sheet describes plants that can give landscapes color all season long with blooms in spring, summer, fall and winter interests. It includes a listing of trees, shrubs, perennials, vines, ground covers, bulbs, and ornamental grasses.

Leadership Keys: Unlocking Doors To Success, Cindy Nelson

All Current Publications

This leadership curriculum is designed to teach leadership skills to adolescents using the leadership keys theme and fun, hands-on activities. The five lessons are intended to be used in a series, but lessons and activities may be successfully used individually.

Identifying And Preventing Porcupine Damage To Trees, Michael R. Kuhns, Megan Dettenmaier, Jessica Tegt

All Current Publications

This fact sheet describes the basic ecology and behavior of the porcupine and identifies ways to determine if porcupines are damaging trees on your property. We explain specific techniques for protecting trees and property from porcupine damage.

Bait Stations For Control Of Mexican Fruit Flies (Anastrepha Ludens), First Year, Hugh E. Conway, Guadalupe Garcia, Pedro Rendón, Christopher J. Vitek

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

The Mexican fruit fly, Anastrepha ludens (Loew) (Mexfly), is a pest of economic importance with the potential to cause millions of dollars in damage to citrus and other fruits. This chapter presents the first-year results from a three-year field study (2014–2017) conducted to evaluate the effectiveness of bait stations with Spinosad embedded in a wax matrix to control Mexfly. Spinosad is produced by a naturally occurring bacteria, Saccharopolyspora spinosa, and is considered an organic insecticide acceptable for use by organic growers. The flies feed on the wax matrix, and the Spinosad acts as a stomach poison killing the flies. Each …

The Demand For Women Who Painted: Recent Art Market Trends For Female Artists Of The Premodern Era, Cristina Demiany

MA Theses

A number of events highlighting female artists who lived and worked before the year 1900 are currently appearing in the art world. In consideration of this expanding cultural activity, this paper explores recent art market behavior around premodern female painters by examining sales of their work at auction between the years 1998 and 2019. The larger questions around such an analysis include assessing if the work of premodern female artists presents a new investment opportunity for collectors, and if it could also provide a means of invigorating the Old Master market. Three case studies representing female artists from different locations, …

Museum Websites And Restitution: Rediscovering Holocaust-Era Objects In The Digital Age, Gabriella Bloom

MA Theses

Under the Third Reich, Europe experienced one of the most far-reaching examples of plunder of cultural property in modern history. While the Allies succeeded in returning many objects and artworks towards the end of the war and initially following it, many objects remained missing and hidden. The late 1990s led to a resurgence of interest in Holocaust-Era looting, resulting in a rise of cases and litigation over previously plundered objects. As many looted artworks materialized in United States museums, museums began further researching their collections’ provenance and inputting this information online. Today, most major museums have a section of their …

A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …

Latin American Racial Equality Law As Criminal Law, Tanya K. Hernandez

Faculty Scholarship

No abstract provided.

Contract Creep, Tal Kastner, Ethan J. Leib

Faculty Scholarship

Scholars and judges think they can address the multiple purposes and values of contract law by developing different doctrinal regimes for different transaction types. They think if we develop one track of contract doctrine for sophisticated parties and another for consumers, we can build a better world of contract: protecting private ordering for sophisticated parties and protecting consumers’ needs all at once. Given the growing enthusiasm for laying down these separate tracks and developing their infrastructures, this Article brings a necessary reality check to this endeavor by highlighting for scholars and judges how doctrine in contract law functions in fact: …

State Punishment And Meaning In Life, Youngjae Lee

Faculty Scholarship

No abstract provided.

Decarceration’S Blindspots, John F. Pfaff

Faculty Scholarship

For over a decade, my research has focused on trying to answer one simple question: how did the United States, home to about 5% of the world’s population, come to house nearly 25% of its prisoners?1 We were not always the world’s largest jailer; as recently as the 1970s, our incarceration rate was largely indistinguishable from those in other liberal democracies. Yet starting in the mid-1970s, as Figure 1 shows, that rate started to slowly—but steadily and relentlessly—grow, until by the late 2000s it rivaled and then surpassed even the rates seen in autocratic countries like Cuba and Belarus and …

Activities Of Daily Living, Peter F. Edemekong, Deb Bomgaars, Sukesh Sukumaran, Shoshana B. Levy

Faculty Work Comprehensive List

The activities of daily living (ADLs) is a term used to collectively describe fundamental skills that are required to independently care for oneself such as eating, bathing, and mobility. The term activities of daily living was first coined by Sidney Katz in 1950. ADL is used as an indicator of a person’s functional status. The inability to perform ADLs results in the dependence of other individuals and/or mechanical devices. The inability to accomplish essential activities of daily living may lead to unsafe conditions and poor quality of life. Measurement of an individual’s ADL is important as these are predictors of …

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

Faculty Scholarship

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 …

Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash, And Classical Jewish Sources (Introduction), Samuel J. Levine

Scholarly Works

The story of Yosef (Joseph) presents some of the most challenging questions of all biblical narratives. Yosef’s behavior, interpersonal relationships, and personal journey and development are often difficult to understand, and at times seem to defy explanation. Leading commentators are repeatedly puzzled both by Yosef’s actions and by the events that surround him. This book attempts to achieve a coherent and cohesive reading of the story that offers a plausible understanding of Yosef’s behaviors toward others and those of others toward him, while at the same time accounting for both his successes and his failures. Toward that goal, the book …

Introduction: Singapore Convention Reference Book, Harold Abramson

Scholarly Works

No abstract provided.

The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson

Scholarly Works

No abstract provided.

Contract Creep, Tal Kastner, Ethan J. Leib

Scholarly Works

Scholars and judges think they can address the multiple purposes and values of contract law by developing different doctrinal regimes for different transaction types. They think if we develop one track of contract doctrine for sophisticated parties and another for consumers, we can build a better world of contract: protecting private ordering for sophisticated parties and protecting consumers’ needs all at once. Given the growing enthusiasm for laying down these separate tracks and developing their infrastructures, this Article brings a necessary reality check to this endeavor by highlighting for scholars and judges how doctrine in contract law functions in fact: …

Do You Believe In Ghost Apartments?, Michael Lewyn

Scholarly Works

According to the popular press, expensive cities are being overrun by "ghost apartments"- condominiums owned by wealthy foreigners, but used as investments rather than being rented out to local residents. This article points out that such apartments are in fact a very small percentage of housing supply, even in some cities that are supposedly overran with such condos. More importantly, the existence of new “ghost apartments” does not justify exclusionary zoning policies. If a city popular with foreign investors discourages construction of new housing, investors are likely to purchase older housing units, outbidding local residents for those units. In this …

Mitigating Climate Change Through Transportation And Land Use Policy, Alejandro E. Camacho, Melissa L. Kelly, Nicholas J. Marantz, Gabriel Weil

Scholarly Works

A number of U.S. state and local governments have adopted strategies for reducing greenhouse gas (GHG) emissions from transportation and land development. Although some have made significant progress in reducing GHG emissions from the power sector, transportation emissions in most states continue to rise. This Article details the range of existing and proposed state interventions to reduce transportation sector GHG emissions, analyzes the trade offs of these strategies, and offers recommendations to improve and supplement such initiatives, including strategic use of planning mandates and funding and technical assistance. Additionally, regulating land use, shifting transportation spending, removing barriers to implementing road …

Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Jorge R. Roig, Saru M. Matambanadzo, Sheila I. Vélez-Martínez

Scholarly Works

In this Foreword, we strive to contextualize “LatCrit XXI: What’s Next?” against the backdrop of two crises: the current political crisis in the United States and the continuing crisis of scarcity that impacts the legal academy. Through an examination of these crises, we will reveal how LatCrit scholars, in their efforts to build community and in their commitment to critical outsider scholarship, are part of the constellations of resistance that struggle against el mundo malo. We will argue that LatCrit has become a necessary institution for those seeking to engage in persistent resistance and dissent in the critical and progressive …

Redefining The Reasonable Person In Police Encounters: The Impact Of The Mainstream News Media’S Portrayal Of Modern Police Conduct, Taurus Myhand

Scholarly Works

Who is the “reasonable person”? There is little doubt that every competent legal professional, both in law practice and in the academic setting, has spent a great deal of time attempting to define the reasonable person. “Reasonableness is largely a matter of common sense.” In police encounters, the definition is certainly important to the outcome of questionable police conduct. How the reasonable person is defined often determines whether a police officer has infringed on an individual’s Fourth Amendment guarantee to be secure in their person against unreasonable searches and seizures. As the narratives of the news media shape how some …

Law, Religion, And Secular Order, Zachary R. Calo

Scholarly Works

This article compares the law and religion jurisprudence of the US Supreme Court and the European Court of Human Rights across three legal areas: religious symbols and religion-state relations, individual religious freedom, and institutional religious freedom or freedom of the church. Particular focus is given to the manner in which this jurisprudence reveals the underlying structure and meaning of the secular. Although there continues to be significant jurisprudential diversity between these two courts and across these legal areas, there is also emerging a shared accounting of religion, secularity, and moral order in the late modern West.

The Impact Of Travel Time On Colorectal Cancer Stage At Diagnosis In A Privately Insured Population, Mesnad Alyabsi, Mary Charlton, Jane L. Meza, K. M. Monirul Islam, Amr Soliman, Shinobu Watanabe-Galloway

Journal Articles: Epidemiology

BACKGROUND: Rural residents are less likely to receive screening for colorectal cancer (CRC) than urban residents. However, the mechanisms underlying this disparity, especially among people aged 50-64 years old with private health insurance, are not well understood. We examined the impact of travel time on stage at CRC diagnosis.

METHODS: This retrospective cohort study used data from the Blue Cross and Blue Shield of Nebraska. Members of this private insurance company aged 50-64 years, diagnosed with CRC during the period 2012-2016, and continuously enrolled in the insurance plan for at least 6 months prior to CRC diagnosis, were selected for …

Individual- And County-Level Determinants Of High Breast Cancer Incidence Rates, Mario Schootman, Kendra Ratnapradipa, Travis Loux, Allese Mcvay, L. Joseph Su, Erik Nelson, Susan Kadlubar

Journal Articles: Epidemiology

Background: Age-adjusted breast cancer rates vary across and within states. However, most statistical models inherently identify either individual- or area-level determinants to explain geographic disparities in breast cancer rates and ignore the effects of the other level of determinants. We present a micro-macro modelling approach that incorporates both levels of determinants to better explain this variability and to discover opportunities to reduce breast cancer rates.

Methods: Individual-level data about breast cancer risk factors from eligible Arkansas Rural Community Health (ARCH) study participants (n=13,554) was supplemented with publicly available county-level data using a novel micro-macro statistical approach. This model uses individual-level …

Statutory Interpretation As “Interbranch Dialogue”?, James J. Brudney, Ethan J. Leib

Faculty Scholarship

Much in the field of statutory interpretation is predicated on “interpretive dialogue” between courts and legislatures. Yet, the idea of such dialogue is often advanced as little more than a slogan; the dialogue that courts, legislators, and scholars are imagining too often goes unexamined and underspecified. This Article attempts to organize thinking about the ways participants and theorists conceive, and should conceive, of interbranch dialogue within statutory interpretation.

The Article itself proceeds by using a dialogic and dialectical method. It first develops various positions against “interbranch dialogue.” By invoking arguments from textualism, public choice, and positive political theory, it advances …

The Appearance Of Professionalism, Elizabeth B. Cooper

Faculty Scholarship

The dominant image of a lawyer persists: a neatly dressed man wearing a conservative dark suit, white shirt, and muted accessories. Many attorneys can conform to this expectation, but there are a growing number of “outsider” lawyers for whom compliance with appearance norms can challenge their fundamental identities. People of color, women, LGBTQ individuals, religiously observant persons, and those who inhabit intersectional identities are among those who disproportionately remain excluded from the dominant culture and centers of power in the legal profession. Expectations of appearance conformity create profound concerns that go well beyond style preferences, raising questions of autonomy and …

Poetry In Motion: The Federal Rules Of Evidence And Forward Progress As An Imperative, Daniel J. Capra, Liesa L. Richter

Faculty Scholarship

This Article dives into the long-standing debate about the propriety of altering the time-honored Federal Rules of Evidence. Noted authorities, such as the late Chief Justice Rehnquist, have eschewed any modification to the Rules, claiming that they must remain essentially fixed in their original form to maximize their utility to trial advocates and to avoid wasteful dislocation costs that accompany updates. Unlike the many scholarly works examining the merits and demerits of particular evidence rules, this Article shines a light on the lesser examined process of amending the Federal Rules of Evidence, revealing a taxonomy of evidentiary circumstances or trigger …

The Twenty-Fifth Amendment: Its Crafting And Drafting Process, John D. Feerick

Faculty Scholarship

No abstract provided.

Remarks: Presidential Succession And Impeachment: Historical Precedents, From Indiana And Beyond, John D. Feerick

Faculty Scholarship

No abstract provided.