Digital Commons Network^™

The Investment Imperative, Kate Sablosky Elengold

Faculty Publications

This Article names and identifies the “investment imperative” as the widely-held belief that higher education is necessary to increase one’s financial prosperity and social standing in America. Increasingly, higher education policy has supported the investment imperative by shifting the benefit, burden, and risk of higher education from the public to the private consumer. This has resulted in a patchwork of laws that encourage education at any cost, primarily driven by personal debt, and without concomitant regulations that control for instructional quality.

Drawing on interdisciplinary scholarship, empirical studies, and original interviews with student loan borrowers across the country, this Article argues …

Citation Stickiness, Kevin Bennardo, Alexa Z. Chew

Faculty Publications

This Article is an empirical study of what we call citation stickiness. A citation is sticky if it appears in one of the parties’ briefs and then again in the court’s opinion. Imagine that the parties use their briefs to toss citations in the court’s direction. Some of those citations stick and appear in the opinion—these are the sticky citations. Some of those citations don’t stick and go unmentioned by the court—these are the unsticky ones. Finally, some sources were never mentioned by the parties yet appear in the court’s opinion. These authorities are endogenous—they spring from the court itself. …

Constituencies And Control In Statutory Drafting: Interviews With Government Tax Counsels, Shuyi Oei, Leigh Z. Osofsky

Faculty Publications

Tax statutes have long been derided as convoluted and unreadable. But there is little existing research about drafting practices that helps us contextualize such critiques. In this Article, we conduct the first indepth empirical examination of how tax law drafting and formulation decisions are made. We report findings from interviews with government counsels who participated in the tax legislative process over the past four decades. Our interviews revealed that tax legislation drafting decisions are both targeted to and controlled by experts. Most counsels did not consider statutory formulation or readability important, as long as substantive meaning was accurate. Many held …

Contracting Around The Hague Service Convention, John F. Coyle, Robin J. Effron, Maggie Gardner

Faculty Publications

When a plaintiff wishes to commence an action against a non-resident foreign defendant in an American forum, it may need to serve that defendant with process abroad. The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention” or “Convention”) provides a mechanism for achieving that goal. Under the terms of this treaty — which has been ratified by 75 nations — each signatory is required to maintain a central authority that will serve process upon local defendants at the request of U.S. plaintiffs. In practice, however, the act of serving process …

Safeguarding Fair Use Through First Amendment’S Asymmetric Constitutional Fact Review, Amanda Reid

Faculty Publications

No abstract provided.

The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier

Faculty Publications

Economic activity does not always depend on state-created law (to set the rules), state-funded courts (to resolve disputes), or state coercion (to enforce compliance). These well-known facts have motivated a large and inter-disciplinary literature spanning law, economics, history, sociology, anthropology, and other disciplines.

This short essay is prompted by Steven Ware’s Private Ordering and Commercial Arbitration, which appears elsewhere in this volume. Ware’s article is a thoughtful and persuasive reflection on the importance of Soia Mentschikoff to the voluminous literature on private ordering, as well as a call to recognize the importance of arbitration as a tool of self-governance. …

Editorial: Public Intellectualism And The Call For Grounded Speculation, Ben Anderson-Nathe, Grant Charles

School of Social Work Faculty Publications and Presentations

The author discusses the challenge of getting child welfare research to practitioners, families, and the young people whose lives it concerns.

Demonstration Policies At Private Universities: A Case Study And Analysis, Bastiaan Vanacker

Journal of the Association for Communication Administration

Unlike public universities, private universities are not bound by the First Amendment when regulating students’ on-campus speech. This has provided administrators at private universities with great leeway in putting restrictions on student demonstrations. This article starts out with a case analysis of Loyola University Chicago, where the demonstration policy was loosened after pressure from the university community. This example frames the research questions of this study, analyzing the prevalence and nature of demonstration policies at private universities. Compared to public universities, private universities are less likely to have a demonstration policy, and the language and procedures contained in these policies …

Complete Issue, Volume 38, Issue 1

Journal of the Association for Communication Administration

This is the complete issue for Volume 38, Issue 1 of the Journal of the Association for Communication Administration.

Crisis Communication In Context: History And Publication Trends, Kenneth A. Lachlan, Patric R. Spence, Matt Seeger, Christine Gilbert, Xialing Lin

Journal of the Association for Communication Administration

This study aims to describe the development of crisis communication as a subfield of Communication Studies, through an analysis of data taken from journal publications. By tracing the origins of crisis communication, this study identifies some of the primary forces that have influenced its development. Next, the results of an analysis of crisis communication articles drawn from twelve periodicals over nineteen years within the larger communication discipline are offered. The results suggest that Journal of Applied Communication Research has been the most common outlet for this subdiscipline, human subjects data accounts for less than half of the published research, and …

Jmc Deans Of Color Lead With A Purpose: A Qualitative Study, Keonte C. Coleman, Laura M. Gonzalez

Journal of the Association for Communication Administration

This qualitative study contextualized the leadership experiences of journalism and mass communication (JMC) deans who self-identified as persons of color. While anonymously participating in a virtual focus group, these deans expressed bringing a higher purpose to leading their programs. This study aims to elucidate the benefits of increasing the diversity of JMC leadership and illuminate the need to improve the working environment for current and future JMC leaders of color.

Imagined Affordances Of Instagram And The Fantastical Authenticity Of Female Gulf-Arab Social Media Influencers, Zoe Hurley

All Works

© The Author(s) 2019. This study explores the image sharing site Instagram to reveal how affordances, or uses of the platform, occur within a nexus of technological architecture, sociocultural contexts, and globalized commercial practices. It suggests social actors draw upon Instagram’s affordances at material, conceptual, and imaginary levels while using social media. This triadic model for theorizing affordances of Instagram responds to the need for mapping ontologies and typologies of social media within increasingly visual, intercultural, and non-Western contexts. The lenses of critical multimodality and a participant-centered method consider how female Gulf-Arab social media influencers operate through an interplay of …

Towards An Efficient Data Fragmentation, Allocation, And Clustering Approach In A Distributed Environment, Hassan Abdalla, Abdel Monim Artoli

All Works

© 2019 by the authors. Data fragmentation and allocation has for long proven to be an efficient technique for improving the performance of distributed database systems' (DDBSs). A crucial feature of any successful DDBS design revolves around placing an intrinsic emphasis on minimizing transmission costs (TC). This work; therefore, focuses on improving distribution performance based on transmission cost minimization. To do so, data fragmentation and allocation techniques are utilized in this work along with investigating several data replication scenarios. Moreover, site clustering is leveraged with the aim of producing a minimum possible number of highly balanced clusters. By doing so, …

Volatility Spillovers In Electricity Markets: Evidence From The United States, Themistoclis Pantos, Stathis Polyzos, Angelos Armenatzoglou, Ilias Kampouris

All Works

© 2019, Econjournals. All rights reserved. This paper examines the degree of market integration, as observed by measuring volatility spillovers, in selected wholesale electricity spot markets from United States. We choose markets located at interconnected and non-interconnected areas. We use a Multivariate GARCH framework, which allows us to model time varying correlations and to conclude whether the markets show evidence of interdependency. We estimate the variance-covariance and correlation structure, in order to observe the evolution of interactions among markets, accounting for asymmetric effects. We find evidence of significant correlations between interconnected markets, which are mainly due to electricity transmission, since …

The Effects Of Trade Facilitation On Trade Performance In Africa:, Daniel Sakyi, Sylvanus Kwaku Afesorgbor

Journal of African Trade

No abstract provided.

A Comparative Phylotyping Analysis Of E. Coli Originating From Avian Colibacillosis Based On The Clermont Triplex Scheme And Gyra Gene Sequencing, Mohsen Amiri, Elham Ahmadi

Turkish Journal of Veterinary & Animal Sciences

Avian colibacillosis (AC) is frequently reported from poultry farms in the west of Iran. The aim of the present survey was to evaluate the phylogeny of Escherichia coli isolated from AC through the Clermont triplex protocol and gyrA gene sequencing. One hundred and fifty fresh carcasses suspected of having died from colibacillosis were sampled. The specimens were examined for E. coli isolation and identification. The extracted DNA repertoire of the isolates was subjected to phylogenetic analysis using Clermont triplex PCR. A DNA fragment of 1.8 kbp of the gyrA gene was amplified from a representative of each phylogroup or subgroup …

Effects Of The Inclusion Of Detoxified Argan Press Cake In The Diet Of Dairy Goats On Milk Production And Milk Quality, Nazha Lakram, Sana Moutik, Ikram Mercha, El Haj El Maadoudi, Rachid Kabbour, Ahmed Douaik, Abdelmajid Zouahri, Abdelah El Housni, Mariam Naciri

Turkish Journal of Veterinary & Animal Sciences

This study was carried out to assess the effect of the incorporation of detoxified argan press cake on milk yield, physicochemical composition, and microbial quality of raw Alpine goat milk produced in the Meskala-Essaouira region of southwestern Morocco. The detoxification method, adopted for the removal of saponin present in the argan press cake, succeeded in reducing these antinutrients from 4.56 to 0.4 mg/g, allowing it to be used as livestock feed. The average of milk production increased by 24% for the detoxified argan press cake (DAPC) group compared to the argan press cake and local diet groups. The diets and …

Determination Of Antioxidants In Bovine Oviduct Epithelial Cell Culture Isolated At Different Periods Of The Estrous Cycle, Aytül Kürüm, Si̇yami̇ Karahan, Hakan Kocamiş, Mi̇yase Çinar, Emel Ergün

Turkish Journal of Veterinary & Animal Sciences

Oxidative stress interferes with oviduct functions including oocyte maturation, capacitation, fertilization, and embryo and gamete transport. This study aimed to determine activity of the antioxidants glutathione peroxidase (GPX-I), superoxide dismutase (SOD), and catalase (CAT) in bovine oviduct epithelial cells (BOEC) isolated from the isthmus and ampulla of the oviduct at estral (n = 7) and luteal phases (n = 7) of the estrous cycle. The antioxidant activity was measured at the primary, first, and second passages of the cell culture, and was characterized by cytokeratin expression. The GPX activity increased over the passages in samples of the ampulla and the …

Examining Stance Phases With The Help Of Infrared Optical Sensors In Horses, Ozan Gündemi̇r, Di̇lek Olğun Erdi̇kmen, Zi̇ynet Di̇la Ateşpare, Kozet Avanus

Turkish Journal of Veterinary & Animal Sciences

The purpose of the present study was to examine the walking phases in horses using the OptoGait system, which works with optical sensors. In this pilot study, 52 healthy horses were used. For each horse, an average of 45 steps were examined. The stance phase, swing phase, step distance, and walking speeds of the horses were recorded. The stance phase of each step was examined in a separate manner in 3 steps: contact phase, foot flat, and propulsive phase. The contact phase and the propulsive phase of the forelimb and hind limb were significantly different. The propulsive phase was significantly …

Gross Anatomy Of The Lumbar Plexus Of Magpie (Pica Pica) And Chukar Partridge (Alectoris Chukar), Hülya Kara, Devri̇ş Özdemi̇r

Turkish Journal of Veterinary & Animal Sciences

In poultry, the nervous system has many differences among species. The intumescentia lumbosacralis is one of the enlargements of the medulla spinalis, and the lumbosacral plexus originates from here. The nerves which are responsible for the innervation of the hind limbs and pelvic region originate in the lumbosacral plexus. The aim of this study was to compare the lumbar plexus (plexus lumbalis) of magpies (Pica pica) and chukar partridges (Alectoris chukar). In the present study, 20 magpies and 20 chukar partridges were used. The nerves that form the lumbar plexus were dissected separately and photographed in both species. In both …

Phenotypic And Genotypic Investigation Of The Heavy Metal Resistance In Escherichia Coli Isolates Recovered From Cattle Stool Samples, Ni̇sa Si̇pahi̇, Emre Karakaya, Serkan İki̇z

Turkish Journal of Veterinary & Animal Sciences

The purpose of this study was to examine resistance against cadmium (Cd$^{+2}$), copper (Cu$^{+2}$), lead (Pb$^{+2}$), mercury (Hg$^{+2}$), and manganese (Mn$^{+2}$) in Escherichia coli isolates recovered from cattle stool using phenotypic (agar dilution) and genotypic [polymerase chain reaction (PCR)] methods. In addition, the isolates were genotyped via enterobacterial repetitive intergenic consensus polymerase chain reaction (ERIC-PCR). Escherichia coli was isolated and identified from the 100 stool samples that were examined in the study. It was determined phenotypically that all isolates were sensitive to mercury; 97% of them showed resistance to cadmium; 69% showed resistance to copper; 24% showed resistance to lead; …

Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens

Faculty Scholarship

Thomas M. McDade is best known (if not well-known enough) for his seminal 1961 reference bibliography, The Annals of Murder: A Bibliography of Books and Pamphlets on American Murders from Colonial Times to 1900. Beyond that singular text on early American murder trial accounts, though, lies more than 70 additional publications on American legal history, law enforcement, and literature, gathered together for the first time in an annotated bibliography of McDade’s lesser-known writings. The article also examines McDade’s fascinating life and varied career as an early FBI agent, World War II veteran, corporate executive, and true crime chronicler.

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and …

The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett

Faculty Scholarship

The death penalty is in decline in America and most death penalty states do not regularly impose death sentences. In 2016 and 2017, states reached modern lows in imposed death sentences, with just thirty-one defendants sentenced to death in 2016 and thirty-nine in 2017, as compared with over three hundred per year in the 1990s. In 2016, only thirteen states imposed death sentences, and in 2017, fourteen did so, although thirty-one states retain the death penalty. What explains this remarkable and quite unexpected trend? In this Article, we present new analysis of state-level legislative changes that might have been expected …

Supreme Court As Superweapon: A Response To Epps & Sitaraman, Stephen E. Sachs

Faculty Scholarship

Is the Supreme Court's legitimacy in crisis? Daniel Epps and Ganesh Sitaraman argue that it is. In their Feature, How to Save the Supreme Court, they suggest legally radical reforms to restore a politically moderate Court. Unfortunately, their proposals might destroy the Court's legitimacy in order to save it. And their case that there is any crisis may fail to persuade a reader with different legal or political priors. If the Supreme Court needs saving, it will be saving from itself, and from too broad a conception of its own legal omnipotence. A Court that seems unbound by legal principle …

Self-Policing: Dissemination And Adoption Of Police Eyewitness Policies In Virginia, Brandon L. Garrett

Faculty Scholarship

Professional policing organizations emphasize the importance of the adoption of sound police policies and procedures, but traditionally doing so has been left to individual agencies. State and local government typically does not closely regulate police, and neither federal constitutional rulings nor state law typically sets out in any detail the practices that police should follow. Thus, law enforcement agencies must themselves draft and disseminate policy. This paper presents the results of studies used to assess the adoption of eyewitness identification policies by law enforcement agencies in Virginia. Policymakers were focused on this problem because Virginia experienced a series of DNA …

Patent Trial And Appeal Board's Consistency-Enhancing Function, Michael D. Frakes, Melissa F. Wasserman

Faculty Scholarship

Agency heads, who have the primary responsibility for setting an agency's policy preferences, have a variety of tools by which they attempt to minimize the discretion of their staff officials in an effort to ensure agency policy preferences are consistently applied. One such mechanism is subjecting agency official's determinations to higher-level agency review. While scholars have long surmised that judges seek to minimize reversal of their decisions by a higher-level court, how agency officials' decisions are influenced by higher-level agency reconsideration has mostly eluded analysis.

In this Essay, we begin to fill this gap by examining the extent to which …

Owning Heller, Darrell A. H. Miller

Faculty Scholarship

Recent historical research using big-data techniques casts doubt on whether District of Columbia v. Heller was rightly decided according to originalist methods. These new discoveries put originalists in a bind. Do they embrace “faint hearted” originalism: the idea that as between the need for stability in prior decision making, settled expectations, and the coherence of the law, some adulterated decisions must remain enforced for the greater good? Or do they follow Justice Thomas’s reasoning in Gamble v. United States, remain stout-hearted, and reject any prior decision that cannot be supported by the common linguistic usage of the founding era – …

The Emergence Of The American Constitutional Law Tradition, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Constitutional Conflict And Sensitive Places, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.