Digital Commons Network^™

Filling The California Federal District Court Vacancies, Carl W. Tobias

Law Faculty Publications

"President Donald Trump frequently argues that confirming federal appellate judges constitutes his quintessential success. The President and the Republican Senate majority have dramatically eclipsed appeals court records by appointing fifty-one conservative, young, and capable appellate court nominees, which leaves merely one vacancy across the country. Nonetheless, these approvals have imposed costs, especially among the plentiful district courts that address seventy-four openings in 677 judicial positions.

The most striking example is the four California districts, which realize seventeen pressing vacancies among sixty posts. The Administrative Office of the United States Courts (AO), the federal judiciary’s administrative arm, designates all of them …

Patent-Eligible Subject Matter... Still Wielding The Wrong Weapon - 12 Years Later, Kristen Jakobsen Osenga

Law Faculty Publications

I am delighted to have participated in the Second Annual Intellectual Property Redux Conference and to publish this essay. I rarely look back at my older articles, but in Fall 2018 I was asked to give a keynote address at a conference held by the Biotechnology Innovation Organization (BIO), where the organizers asked me to speak about 35 U.S.C. § 101 and patent-eligible subject matter. In preparing my remarks, I had the opportunity to refer back to one of my earliest scholarly pieces—a 2007 article entitled Ants, Elephant Guns, and Statutory Subject Matter, published in the Arizona State Law Journal.1 …

Filling The Federal District Court Vacancies, Carl W. Tobias

Law Faculty Publications

"President Donald Trump’s major success has been confirming judges for the thirteen federal appellate courts. The President shattered records by appointing a dozen circuit jurists in his administration’s first year, eighteen judges over the course of 2018, and twenty additional judges throughout his third year. Indeed, by June 2019, the appeals courts experienced four vacancies in 179 judgeships and today, only one position remains empty. This achievement is critical, as these tribunals are the courts of last resort for nearly every appeal, and appellate court opinions articulate greater policy than district court rulings and cover multiple states.

However, that accomplishment …

Supporting Novice Mathematics Teacher Educators Teaching Elementary Mathematics Content Courses For The First Time, Siobahn Suppa, Joseph Dinapoli, Eva Thanheiser, Jennifer M. Tobias, Sheunghyun Yeo

Mathematics and Statistics Faculty Publications and Presentations

In order to be effectively prepared by a teacher education program, prospective elementary teachers (PTs) need to experience high quality mathematics instruction in their mathematics content courses. The instructors of these courses typically consist of individuals (mathematicians and mathematics educators) with ranging experiences, from tenured faculty members to first-year assistant professors or graduate students. This paper explores how to support novice mathematics teacher educators (MTEs) who are teaching elementary content coursework for PTs for the first time. We detail and describe how to implement three systems for supporting novice MTEs: working with a mentor, being provided with educative curriculum materials, …

A Primer On Laplacian Dynamics In Directed Graphs, J. J. P. Veerman, R. Lyons

Mathematics and Statistics Faculty Publications and Presentations

We analyze the asymptotic behavior of general first order Laplacian processes on digraphs. The most important ones of these are diffusion and consensus with both continuous and discrete time. We treat diffusion and consensus as dual processes. This is the first complete exposition of this material in a single work.

Naked Price And Pharmaceutical Trade Secret Overreach, Robin C. Feldman, Charles Graves

Faculty Scholarship

Trade secret has drifted from a quiet backwater doctrine to a pervasive force in intellectual property. As always, the risk of distortion is great when a legal arena is developing and expanding rapidly. Nowhere do the theoretical tensions of trade secret law appear in such stark relief as in the modern pharmaceutical debates, where the heart of the theoretical question involves whether pricing is a proper subject for trade secrecy claims.

We aim to bring trade secret into greater harmony with broad concepts that reach across all intellectual property regimes. As with other areas of intellectual property law, trade secret …

Moral Character: Making Sense Of The Experiences Of Bar Applicants With Criminal Records, Hadar Aviram

Faculty Scholarship

No abstract provided.

In Vivo Activity Of Copper(Ii), Manganese(Ii), And Silver(I) 1,10-Phenanthroline Chelates, Rafael M. Ghandra, Pauraic Mccarron, Livia Viganor, Mariana Farias Fernandes, Kevin Kavanagh, Malachy Mccann, Marta H. Branquinha, André L.S. Santos, Orla L. Howe, Michael Devereux

Articles

Candida haemulonii is an emerging opportunistic pathogen resistant to most antifungal drugs currently used in clinical arena. Metal complexes containing 1,10-phenanthroline (phen) chelating ligands have well-established anti-Candida activity against different medically relevant species. This study utilized larvae of Galleria mellonella, a widely used model of in vivo infection, to examine C. haemulonii infection characteristics in response to different copper(II), manganese(II), and silver(I) chelates containing phen, which had demonstrated potent anti-C. haemulonii activity in a previous study. The results showed that C. haemulonii virulence was influenced by inoculum size and incubation temperature, and the host G. mellonella immune …

I Was Determined To Breastfeed, And I Always Found A Solution: Successful Experiences Of Exclusive Breastfeeding Among Chinese Mothers In Ireland, John Kearney, Qianling Zhou, Haoyue Chen, Katherine Younger, Tanya M. Cassidy

Articles

Background: The prevalence of exclusive breastfeeding for at least 4 months was previously found to be very low among Chinese immigrants in Ireland, at 5.8% (Zhou et al., Front Public Health 6:351, 2018). This study investigates the successful experiences of Chinese mothers living in Ireland who exclusively breastfeed for between four and 6 months.

Methods: Participants were recruited from the sample of the Ireland Chinese Mother Survey. Qualitative in-depth interviews were conducted with fourteen participants in their homes or public places.

Results: A content analysis revealed that various factors contributed to a successful experience of exclusive breastfeeding among the group …

Vibrational Spectroscopy Of Liquid Biopsies For Prostate Cancer Diagnosis, Dinesh Medipally, Daniel Cullen, Valérie Untereiner, G.D. Sockalingum, Adrian Maguire, T.N.Q. Nguyen, Jane Bryant, Emma Noone, Shirley Bradshaw, Marie Finn, Mary Dunne, Aoife M. Shannon, John Armstrong, Aidan Meade, Fiona Lyng

Articles

Background: Screening for prostate cancer with prostate specific antigen and digital rectal examination allows early diagnosis of prostate malignancy but has been associated with poor sensitivity and specificity. There is also a considerable risk of over-diagnosis and overtreatment, which highlights the need for better tools for diagnosis of prostate cancer. This study investigates the potential of high throughput Raman and Fourier Transform Infrared (FTIR) spectroscopy of liquid biopsies for rapid and accurate diagnosis of prostate cancer.

Methods: Blood samples (plasma and lymphocytes) were obtained from healthy control subjects and prostate cancer patients. FTIR and Raman spectra were recorded from plasma …

Adherence To Dietary And Physical Activity Guidelines Among Shift Workers: Associations With Individual And Work-Related Factors, Ciara Kelly, Fiona M. Nea, Kirsty Pourshahidi, John Kearney, Victoria M O'Brien, M Barbara E Livingstone, Clare Corish

Articles

Objectives Shift work is associated with adverse effects on the health and lifestyle behaviours of employees. This study aimed to examine factors associated with adherence among shift workers to selected indicators of dietary and physical activity guidelines. Methods A cross-sectional study was conducted on 1300 shift workers. Data were collected using a 15 minute telephone-administered questionnaire. Logistic regression methods were used for data analysis. Results Male shift workers (p

Antimicrobial Action Of 1,10-Phenanthroline-Based Compoundson Carbapenemase-Producing Acinetobacter Baumannii Clinical Strains: Efficacy Against Planktonic- And Biofilm-Growing Cells, Roberta F. Ventura, Anna Clara M. Galdino, Livia Viganor, Ricardo P. Schuenck, Michael Devereux, Malachy Mccann, André L.S. Santos, Ana Paula F. Nunes

Articles

Therapeutic options are limited for patients infected with Acinetobacter baumannii due to its multidrug-resistance profile. So, the search for new antimicrobials against this gram-negative bacterial pathogen has become a worldwide priority. The present study aimed to evaluate the effects of 1,10-phenanthroline (phen), 1,10-phenanthroline-5,6-dione (phendione), [Ag(phendione)2]ClO4 (Ag-phendione) and [Cu(phendione)3](ClO4)2.4H2O (Cu-phendione) on 26 carbapenemase-producing A. baumannii strains. The susceptibility to carbapenems was performed by detecting the metallo-beta-lactamase (MBL) genes by PCR and by determining the MIC. Also, disk diffusion method was applied to evaluate the susceptibility to other antimicrobial classes. The test compounds were evaluated on both planktonic- and biofilm-growing bacterial cells. …

Are Maternal Feeding Practices And Mealtime Emotions Associated With Toddlers’ Food Neophobia?A Follow-Up To The Dit-Coombe Hospital Birth Cohort In Ireland, Meijing An, Qianling Zhou, Katherine Younger, Xiyao Liu, John M. Kearney

Articles

This study was conducted to explore the associations between maternal feeding practices,mealtime emotions, as well as maternal food neophobia and toddlers’ food neophobia in Ireland.A follow-up to the Technological University Dublin (DIT)-Coombe Hospital birth cohort wasconducted. Mothers in the original cohort were invited to the present study by telephone calls.Postal questionnaires with stamped addressed envelopes were distributed to those who agreed toparticipate in the study. Toddler food neophobia was assessed by the modified version of the ChildFood Neophobia Scale (CFNS). There were 205 participants included in this study, with a median scoreof child food neophobia of 12. A higher degree …

Dietary Fat Intakes In Irish Children: Changes Between 2005 And 2019, Aileen O’Connor, Maria Buffini, Anne Nugent, Laura Kehoe, Albert Flynn, Janette Walton, John Kearney, Breige Mcnulty

Articles

Objective:To examine current dietary fat intakes and compliance in Irish childrenand to examine changes in intakes from 2005 to 2019.Design:Analyses were based on data from the Irish National Children’s FoodSurvey (NCFS) and the NSFS II, two cross-sectional studies that collected detailedfood and beverage intake data through 7-day and 4-day weighed food diaries,respectively.Setting:NCFS and NCFS II, Republic of Ireland.Participants:A nationally representative sample of 594 (NCFS) and 600 (NCFS II)children aged 5–12 years. Current intakes from the NCFS II were compared withthose previously reported in the NCFS (www.iuna.net).Results:Current intakes of total fat, SFA, MUFA, PUFA andtransfat as a percentageof total energy are …

Extraction Of Protein From Four Different Seaweeds Using Three Different Physical Pre-Treatment Strategies, Jack O'Connor, Steve Meaney, Gwilym A. Williams, Maria Hayes

Articles

Seaweeds are a rich source of protein and can contain up to 47% on the dry weight basis. It ischallenging to extract proteins from the raw biomass of seaweed due to resilient cell-wall complexes.Four species of macroalgae were used in this study-two brown,Fucus vesiculosusandAlaria esculenta,and two red,Palmaria palmataandChondrus crispus. Three treatments were applied individually tothe macroalgal species: (I) high-pressure processing (HPP); (II) laboratory autoclave processing and(III) a classical sonication and salting out method. The protein, ash and lipid contents of the resultingextracts were estimated. Yields of protein recovered ranged from 3.2% forFucus vesiculosuspre-treatedwith high pressure processing to 28.9% protein recovered …

Forscells: 40-Days Fixed Prepared Reagent For Detection Of Anti-Forssman Inhumans, Sofia Ferreira, Cristiana Mourato, Alyssa Corpuz, Sofia Galvão, Camilla Hesse, Clara Rocha, Carlos Jesus, Fernando Mendes

Articles

In 2012, the FORS system was accepted by the International Society of Blood Transfusion as the 31^st blood group system. Forssman (Fs) antigen (Ag) expression is most commonly found on sheep red blood cells (RBC) but rare in human RBC. Anti-Fs antibodies (Ab) are naturally occurring in human sera and are predominantly IgM but they can also be IgG. To this day, the global prevalence of the FORS system is unknown. Currently, there is a lack of natural FORS1-positive RBC available to use for anti-Fs screening in large populations. This study was designed to produce FORS1-positive cells viable for …

Knowledge, Attitude And Practices (Kap) Towards Diet And Health Among International Students In Dublin: A Cross-Sectional Study, Xiyao Liu, Haoyue Chen, Qianling Zhou, Huifeng Zhang, Phensiri Asawasirisap, John Kearney

Articles

International students may have difficulties in dietary acculturation. This study aimed to evaluate the knowledge, attitude and practices (KAP) of diet and health during the acculturation of international students. A cross-sectional survey was conducted among a convenience sample of 473 international students in Dublin. Knowledge, attitude and practices towards diet and health were evaluated by a questionnaire with open- and closed-ended questions. It was found that 45.3% of participants had a broad concept of a healthy diet, while few knew its specific contents. Furthermore, 75.3% of participants could explain the term functional food, and among them, 62.1% knew the appropriate …

Pt(Iv) Pro-Drugs With An Axial Hdac Inhibitor Demonstrate Multimodal Mechanisms Involving Dna Damage And A Poptosis Independent Of Cisplatin Resistance In A2780/A2780cis Cells, Awatif Rashed Z. Almotairy, Diego Montagner, Liam Morrison, Michael Devereux, Orla Howe, Andrea Erxlebena

Articles

Epigenetic agents such as histone deacetylase (HDAC) inhibitors are widely investigated for use in combined anticancer therapy and the co-administration of Pt drugs with HDAC inhibitors has shown promise for the treatment of resistant cancers. Coordination of an HDAC inhibitor to an axial position of a Pt(IV) derivative of cisplatin allows the combination of the epigenetic drug and the Pt chemotherapeutic into a single molecule. In this work we carry out mechanistic studies on the known Pt(IV) complex cis,cis,trans-[Pt(NH3)2Cl2(PBA)2] (B) with the HDAC inhibitor 4-phenylbutyrate (PBA) and its derivatives cis,cis,trans-[Pt(NH3)2Cl2(PBA)(OH)] (A), cis,cis,trans-[Pt(NH3)2Cl2(PBA)(Bz)] (C), and cis,cis,trans-[Pt(NH3)2Cl2(PBA)(Suc)] (D) (Bz = benzoate, Suc …

Synthesis And Optimisation Of P3 Substituted Vinyl Sulfone-Based Inhibitors As Anti-Trypanosomal Agents, William Doherty, Nikoletta Adler, Andrew Knox, Thomas J. Butler, Paul Evans

Articles

A series of lysine-based vinyl sulfone peptidomimetics were synthesised and evaluated for anti-trypanosomal activity against bloodstream forms of T. brucei. This focused set of compounds, varying in the P3 position, were accessed in a divergent manner from a common intermediate (ammonium salt 8). Several P3 analogues exhibited sub-micromolar EC50 values, with thiourea 14, urea 15 and amide 21 representing the most potent anti-trypanosomal derivatives of the series. In order to establish an in vitro selectivity index the most active anti-trypanosomal compounds were also assessed for their impact on cell viability and cytotoxity effects in mammalian cells. Encouragingly, all compounds only …

Raman Spectroscopy For The Discrimination Of Autoimmune Disorders, Neha Chaudhary

Doctoral

The bidirectional cooperativity between the innate and adaptive arm of the immune network in response to foreign invaders has long been accepted. Under normal circumstances this response is very effective at eliminating infection, however, inappropriate activation triggered by self components is observed in autoimmune conditions such as Systemic Lupus Erythematosus (SLE) and Rheumatoid Arthritis (RA). Due to the overlapping nature of the symptoms of each of the syndromes, in terms of clinical and laboratory manifestations, and the lack of a single marker predictive methodology, the differential diagnosis and treatment of these patients still proves challenging. With the advent of targeted …

Care In Crisis: Covid-19 As A Catalyst For Universal Child Care In The United States, Nicole Elias, Maria J. D’Agostino

Publications and Research

School closings during COVID-19 exposed an under-addressed gender equity issue in the United States: child care in crisis. To better understand the child care crisis in the current U.S. context, we detail how New York City is addressing child care during COVID-19. We then connect the current approaches to the Lanham Act that was instituted during WWII as a historical parallel. Ultimately, we argue for the adoption of a universal system that is affordable, high-quality, federally-funded with local involvement and discretion, and flexible for primary caregivers seeking care support. This potential system builds on current congressional proposals and should take …

Characterization Of Women And Leadership In Public Administration And Beyond, Maria J. D'Agostino, Meghna Sabharwal, Helisse Levine

Publications and Research

Women were 30% of the labor force in 1950 and 48.6% of the workforce today. Women are also currently outpacing men in the attainment of college degrees – 36% of women aged between 25- 29 years have a bachelor’s degree compared to 28% of males in the same age group and have surpassed men in college graduation rates. Despite these growing numbers, women have yet to reach a critical mass in leadership positions. Women represent less than 5% of CEOs in Fortune 500 companies. Out of 195 state heads around the world, only 15 are currently women. Less than 20% …

Teaching In A Flipped Classroom., Jillian Grose-Fifer

Publications and Research

In this chapter, I describe how I switched to using a flipped class model in an upper-level Sensation and Perception course, by reversing where different types of learning take place. In the flipped model, instead of introducing students to basic concepts in class, they answered guiding questions after watching videos or reading the textbook before attending class. They then spent class time working collaboratively in small groups on more challenging assignments, many of which had been homework assignments in prior (non-flipped) courses. In-class activities consisted of mini-experiments, and other student-centered hands-on learning experiences designed to foster higher-order critical thinking and …

Student Success In Psychology-English Learning Communities., Jillian Grose-Fifer, Kimberly A. Helmer

Publications and Research

Participation in a learning community has been widely recognized as a high impact educational practice. Here, we focus on a highly successful partnership between a psychology professor (JGF) and an English professor (KAH), who codesigned and cotaught a first-year cocurricular (Psychology/English Composition) learning community (LC) course for multiple semesters at a large public Minority/Hispanic Serving Institution in the Northeast. We describe how we created co-curricular links between our courses, which hinged in part on a collaborative podcast assignment based on psychology-themed books. We detail how we built a strong sense of community, designed scaffolded assignments targeting skills, such as information …

Front Pages

American Indian Law Review

No abstract provided.

The Court Of Indian Appeals: America’S Forgotten Federal Appellate Court, Chief Judge Gregory D. Smith, Bailee L. Plemmons

American Indian Law Review

No abstract provided.

The Cultural Property Conundrum: The Case For A Nationalistic Approach And Repatriation Of The Moai To The Rapa Nui, Annie Rischard Davis

American Indian Law Review

No abstract provided.

Experiments In Materiality And Representation: The London Film-Makers' Co-Operative 1968 – 1979, Charlotte Reardon

School of Law, Humanities and Social Sciences Theses

My thesis is centered around the experimental films of the London Film-Makers’ Co-operative. Through the shared workshop spaces and the vision to defy conventional mainstream cinema, the self-led collective was influential in creating new directions of filmic techniques. Placed within a wider discourse of 1970’s experimental film, the aim of my research is to draw on the complexity of processes, narratives, and structures inherent in the Co-op films from 1968 – 1979. Through a technique-based examination, this project will focus on the shifts between abstracted and representational forms, and in turn how the dominant materialist practice began to be replaced …

Thinking Systematically With The Scriptural Christology Of Hebrews: Contributions To The Theology Of Christ’S Threefold Office, Adriani M. Rodrigues

Andrews University Seminary Studies (AUSS)

The epistle to the Hebrews presents a rich Christology articulated in dialogue with the OT. This article assumes that the dogmatic potential of Hebrews should enrich the architecture of systematic theology. Accordingly, the study aims at identifying how the conceptual articulation of the Christology of Hebrews contributes to the theology of Christ’s threefold office. To achieve this goal, the article dialogues with categories of the munus triplex (Christ’s threefold office): prophet, priest, and king. After a short description of these categories in Christian theology, the study undertakes a systematic reading of Hebrews by first outlining its material contri- bution to …

Martin Luther’S Understanding Of Faith In Relation To Infant Baptism, Francis Gayoba

Andrews University Seminary Studies (AUSS)

This article explores Martin Luther’s understanding of faith as a means to reconcile the seeming tension between his emphasis on faith in baptism against Roman Catholicism and his de-emphasis on faith against Anabaptism. This tension is most evident in his support of infant baptism despite his belief in sola fide. It is proposed that Luther’s predestinarian understanding of the sovereignty of God influences his perception of the role of faith in baptism, which emphasizes God’s role and de-emphasizes human acts in the ceremony. Luther argues that human faith, while important for the daily application of baptism, cannot be the …