Digital Commons Network^™

Using And Misusing Legal Decisions: Why Antivaccine Claims About Nvicp Cases Are Wrong, Dorit Rubinstein Reiss, Rachel Heap

Faculty Scholarship

No abstract provided.

Environmental Law. Disrupted, David Takacs

Faculty Scholarship

No abstract provided.

Whose Voices Count In Biodiversity Conservation? Ecological Democracy In Biodiversity Offsetting, Redd , And Rewilding, David Takacs

Faculty Scholarship

Ecological democracy seeks environmentally sustainable ends through broad, active democratic participation. What happens when laws fostering participation in environmental decision-making and biodiversity preservation lead to differing results? What is best for biodiversity may not be what for local citizens believe is best. I examine conflicts and congruencies in the context of Biodiversity Offsetting, REDD+ (Reducing Emissions from Deforestation and forest Degradation), and the Rewilding movement. I ask questions that are legal (Who has what legal rights to speak for or against programs that enhance biodiversity?), epistemological (Whose expertise and knowledge matters when scientists and non-scientists don’t agree?), axiological (Are some …

A Common Law Perspective On The Supreme Court And Its Functions, Richard L. Marcus

Faculty Scholarship

The text presents different attributes of the Supreme Court in common law and civil law systems. The author claims that the question of design and function of a supreme court, while important, is no more significant than the issue of its institutional status and evolution, i.e. something one could refer to as “legal culture”. Neither the “common law camp”, nor the “civil law camp” turns out to be monolithic in this regard. The distinctive history of the US Supreme Court is presented through the perspective of its statutory and procedural supremacy, as well as its power of constitutional adjudication. The …

Silence And The Second Wall, Zachary New, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

The Physical Properties And Cookie-Making Performance Of Oleogel Made With Refined And Crude Oils, Muxin Zhao

Plant Sciences

In this study, oleogels were prepared with crude plant oils using varying oleogelators. The role of oleogel was compared with refined oil oleogels as well as commercial shortening in the cookie making process. The plant oils used in this research include solvent-extracted crude soybean oil, refined soybean oil, expeller-pressed corn germ oil, and refined corn oil. β-sitosterol and/or monoacylglycerides, and rice bran wax were used either individually or in combination as the gelator to form oleogels using different oils. The physical properties of oleogels and corresponding cookies were investigated and compared. Overall, the incorporation of gelators into crude and refined …

Using Mid-Season Ndvi Data From Drones To Produce Variable Rate Fertilizer Maps In Wheat, Bethany Mariah Christensen

Plant Sciences

Variable rate prescription maps can improve nitrogen use efficiency within a field by directing N applications where it is needed. If NDVI collected with a drone could be used to predict yield, it also could be used to develop N rate prescription maps. Experiments on wheat were carried out in farmer fields and in small plots. Small plot experiments consisted of six rates of nitrogen and NDVI was collected from sensors on a drone and was correlated to yield and protein after harvest. NDVI measurements were also collected from farmer fields that had a nitrogen rich strip applied to the …

Vacuum Steam Pasteurization Of Hard Red Spring Wheat, Jane Mae Snelling

Plant Sciences

Vacuum steam pasteurization (VSP) is a promising technology for pasteurization of low moisture foods. Recent outbreaks traced to wheat flour, a low moisture food, have created demand in the milling industry for a process that reduces pathogens in wheat while maintaining its functional properties. The objective of this study was to evaluate the efficacy of VSP on Hard Red Spring (HRS) wheat. First, HRS wheat samples were pasteurized at 65, 70, 75, and 85°C for 4 and 8 minutes. Significant changes in dough and baked product functionality were observed in treatments ≥70°C suggesting gluten denaturation occurred. After determining that 65°C …

Genetics Of Wheat Domestication And Septoria Nodorum Blotch Susceptibility In Wheat, Sapna Sharma

Plant Sciences

T. aestivum ssp. spelta Iranian type has long been thought to potentially be the direct non-free threshing hexaploid progenitor. I evaluated a RIL population derived from a cross between CS and Iranian spelta accession P503 to identify loci suppressing free-threshabilty in P503. Identification of QTL associated with threshability in region known to harbor the Tg2A gene, and an inactive tg2D allele supported the hypothesis of Iranian spelta being derived from a more recent hybridization between free-threshing hexaploid and emmer wheat. Parastagonospora nodorum is an important fungal pathogen and secretes necrotrophic effectors that evoke cell death. In this research, a DH …

Flavor Modification Of Pea Flour Using Ethanol-Based Deodorization, Madison Taylor Gohl

Plant Sciences

Peas are rich in protein and dietary fiber and can be used to create specialty products; however, flavor issues are one of the primary concerns regarding utilization. Sensory evaluations indicated the optimal treatment utilized aqueous ethanol at a concentration of 47.5%, extraction time of 63 min, and no pressure. Decreased (P<0.05) moisture and ash content, with no loss of protein or starch, were observed after treatment. Foaming properties were poor, indicating protein modification. Increased water absorption impacted WAI, WSI, setback, and peak time observations. Remaining pasting profile values were unchanged (P<0.05). While some volatiles were released via changes in protein and starch structure, total ppm decreased. Treated pea flour products had significantly (P<0.05) higher flavor acceptance scores. Texture results suggested treated flour imparted softness of baked items. Shelf-life measurements were improved for both cookies and crackers using treated pea flour.

Mother And Daughter Chipping Potato Cultivar Responses To Sublethal Rates Of Glyphosate And Dicamba, Matthew James Brooke

Plant Sciences

The effects of sublethal drift rates and carryover of glyphosate and dicamba into the next generation of seed potato cultivars Atlantic and Dakota Pearl are unknown. The objective of this research is to determine the impact of sublethal glyphosate and dicamba rates on mother and daughter chipping potato plants. Field studies were conducted in 2018 and 2019 in Oakes, ND. Herbicides were sprayed at the tuber initiation stage and consisted of dicamba (0, 20, and 99 g ae ha-1) and glyphosate (0, 40, and 197% g ae ha-1). During the year of application (2018), the combination of glyphosate at 197 …

The Relationships Among Sleep Quality, Self-Efficacy And Performance In A Military Setting, Andrew D. Lautner

Theses and Dissertations

This study examined sleep, self-efficacy, and confidence and their effect on performance. Cadets from an Army Reserve officer training corps (ROTC) program were surveyed about their sleep quality using the Pittsburgh Sleep Quality Index (PSQI), their fatigue using the Epworth Sleepiness Scale (ESS), their sleep quantity using the Rosenkind formula, their confidence using the competitive trait anxiety index (CTAI-2), their self-efficacy using a task specific questionnaire, and performance was measured via the Army physical fitness test (APFT). The data from each variable was analyzed through correlations and regressions. The results support the hypothesis of cadets who have poorer sleep quality …

Ethnic Bias Within The Nesarc Personality Disorders Using Item Response Theory, Susan Tara Scoullar

Theses and Dissertations

Racial bias within the Diagnostic and Statistical Manual 5th Edition, or DSM5, has been recognized in studies of personality disorder diagnoses. Item Response Theory Differential Functioning of Items and Tests (IRT DIF and DTF) was used to examine the National Institute on Alcohol Abuse and Alcoholism’s (NIAAA) National Epidemiologic Survey on Alcohol and Related Conditions (NESARC) Wave 1 and 2 data. A review of prevalence information by gender and ethnicity was undertaken. Hypotheses included that bias would be present in the items and total scores of personality diagnostic scales. In particular, items and scales which rely on cultural comparisons, and …

A Man Of Ubuntu: A South African Colleague's Tribute To Stephen Ellmann, Penelope Andrews

Articles & Chapters

In Memoriam: Stephen Ellmann

Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher

Articles & Chapters

This article considers the difficulties inherent in the navigation of the legal system and the disability system, difficulties made more complicated when these systems intersect. Although this problem is not a new one, remarkably, it has never been the subject of any legal scholarship. We argue here that it is futile to consider either system to be a uniform one, and that to make any sense of the underlying ambiguities, it is necessary to consider both the potential conflicts both between domestic and international law (using fitness to proceed to trial as a case example), and the conflicts between social …

Privacy's Law Of Design, Ari Ezra Waldman

Articles & Chapters

Privacy by design is about making privacy part of the conception and development of new data collection tools. But how should we interpret “privacy by design” as a legal mandate? As it transitions from an academic buzzword into binding law, privacy by design will, for the first time, impose real responsibilities on real people to do specific things at specific times. And yet, there remains significant disagreement about what privacy by design actually means in practice: we have yet to define its who, what, when, why, and how. Different approaches to privacy by design have tried to answer those questions …

Safe Social Spaces, Ari Ezra Waldman

Articles & Chapters

Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge porn are just a few of harms that bedevil technosocial spaces and their users, particularly users from marginalized communities. This Article seeks to identify the building blocks of safe social spaces, or environments in which individuals can be free of privacy and safety dangers. Relying on analogies to offline social spaces—Alcoholics Anonymous meetings, teams of coworkers, and attorney-client relationships—this Article argues that if a social space is defined as an environment characterized by disclosure, then a …

The Strings In The Books Ain't Pulled And Persuaded: How The Use Of Improper Statistics And Unverified Data Corrupts The Judicial Process In Sex Offender Cases, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

An examination of a range of judicial decisions involving sexual offender determinations reveals that, frequently, courts rely improperly on inaccurate and under-developed statistics as well as unverified and outdated information. This reliance, too often, underlies rulings that subject the sex offender to significant sanctions and loss of liberty. Additionally, the continuation of the testimonial script that all sex offenders are high recidivists, dangerous, compulsive and untreatable, contributes to the anti-therapeutic effect of shaming and humiliation. This results in isolation, seclusion, lack of dignity; also, it further trivializes the judicial process, and violates the tenants of therapeutic jurisprudence. Despite the “frightening …

There's Voices In The Night Trying To Be Heard: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper carefully examines, through a therapeutic jurisprudence framework, the likely impact of the ratification of this UN Convention on society’s sanist attitudes towards persons with mental disabilities. We argue that it is impossible to consider the impact of anti-discrimination law on persons with mental disabilities without a full understanding of how sanism -- an irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry -- permeates all aspects of the legal system and the entire fabric of American society.

Notwithstanding nearly …

Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa Grumet

Articles & Chapters

In all fifty states, the State Attorney General (SAG) — as the state’s chief legal officer — is charged with defending state laws that are challenged in court. If an SAG declines to defend or challenges a state law on the ground that it is unconstitutional — an action scholars describe as “nondefense” — the SAG ordinarily will disclose this decision to the public.

This Essay discusses a hidden form of nondefense that can occur when SAGs file amicus curiae briefs on behalf of their states in matters before the U.S. Supreme Court. Surprisingly, some SAGs have joined multistate amicus …

Power, Process, And Automated Decision-Making, Ari Ezra Waldman

Articles & Chapters

Many decisions that used to be made by humans are now made by machines. And yet, automated decision-making systems based on “big data” – powered algorithms and machine learning are just as prone to mistakes, biases, and arbitrariness as their human counterparts. The result is a technologically driven decision-making process that seems to defy interrogation, analysis, and accountability and, therefore, undermines due process. This should make algorithmic decision-making an illegitimate source of authority in a liberal democracy. This Essay argues that algorithmic decision-making is a product of the neoliberal project to undermine social values like equality, nondiscrimination, and human flourishing …

Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?", In The Age Of Krasner And Sessions, Rebecca Roiphe

Articles & Chapters

No abstract provided.

Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe

Articles & Chapters

After Jeffrey Epstein committed suicide in jail, two judges allowed his accusers to speak in court. This article argues that the proceedings were inappropriate because the criminal case ends when the defendant dies. If the conviction and appeal are not final, there is no finding of guilt, and the defendant is still presumed innocent. Allowing accusers to speak at this time violates the principle of due process and threatens to undermine faith in judges and the criminal justice system in general. While courts are at times legally required to hear from victims of crimes, they were not allowed to do …

Tribute To Professor Lewis R. Katz: Beloved Mentor, Global Visionary, Entrepreneur, Gerald Korngold

Articles & Chapters

No abstract provided.

An Alternative Path To Rule Of Law: Thailand's Twenty-First Century Administrative Courts, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok

Articles & Chapters

New courts in Asia’s rapidly developing states offer an opportunity to understand how a court system takes root in a society. This article presents a case study of the development of administrative court structure, functions, and practice in Thailand: Southeast Asia’s newest system of administrative courts. The study examines why courts made sense to those who established them and how the courts’ authority is being utilized. For relatively powerless and resource-poor litigants, barriers to litigation may be many, but when these barriers are overcome, administrative courts exercise extraordinary influence, even when they fail to render a decision fully vindicating a …

Justice Anthony Kennedy's Free Speech Legacy [Comments], Nadine Strossen

Articles & Chapters

Justice Kennedy has been hailed by free speech advocates as a leading free speech champion. In contrast, other experts have not only criticized particular opinions and votes by Justice Kennedy that rejected free speech claims, but they also have maintained that Justice Kennedy specifically declined to protect speech that was at odds with his conservative political and religious views. It is certainly true that Justice Kennedy did not uphold freedom of speech in some important contexts, including when the Government asserted countervailing national security or "War on Drugs" concerns. However, in other important cases, Justice Kennedy showed courage in defending …

From Chevron To Consent Of The Governed, David Schoenbrod

Articles & Chapters

No abstract provided.

Board Governance For The Twenty-First Century, Faith Stevelman, Sarah C. Haan

Articles & Chapters

No abstract provided.

Legal Vs. Non-Legal Responses To Hateful Expression, Nadine Strossen

Articles & Chapters

This chapter explains the understanding of all who seek to advance both free speech and equality anywhere in the world. It discusses supports the conclusions of many expert individuals and organizations around the world – that counterspeech and other non-censorial alternatives are much more likely than hate speech laws to prove effective in limiting hate speech and its possible harmful effects. Social scientists have confirmed that counterspeech by leaders in the pertinent community is especially persuasive in rebutting hateful speech and in countering its potential harmful effects. Speech that counters the potentially harmful impact of hate speech comprises a broad …

Lev On The Links Between Legal Evolution, Political Change And Activism, Frank W. Munger

Articles & Chapters

This concluding chapter reflects on the contributions in this volume in light of Dan S. Lev’s work on legal evolution and political change. Munger highlights Lev’s admirable lifetime of academic-activism on Indonesian law. It is this mix of academic scholarship and practical advocacy that informs the chapters in this volume and orients the chapters towards Lev’s work as an example of scholarship infused with activism.