Digital Commons Network^™

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein

Florida Law Review

Civil rights violations that appear relatively slight may warrant judicial redress despite their small size; some of them point up important principles. Leaving these violations unremedied may contribute to an ambient lawlessness that can foster bigger harms. A small infringement in this respect resembles the criminological construct of “broken windows,” which in its prescriptive form urges governments to view de minimis violations as harbingers of more disorder to come.

Using broken windows to understand privately initiated civil rights claims honors a statutory mandate and helps to achieve progressive ends. This application is potentially better than the one that police impose …

What's Wrong With Qualified Immunity?, John C. Jeffries Jr.

Florida Law Review

No abstract provided.

Silent At Sentencing: Waiver Doctrine And A Capital Defendant's Right To Present Mitigating Evidence After Schriro V. Landrigan, Dale E. Ho

Florida Law Review

The consideration of mitigating evidence—evidence that weighs against the imposition of the death penalty in a capital defendant’s individual case—has been deemed a “constitutionally indispensable” feature of a valid capital sentencing scheme. And yet, Jeffrey Landrigan, like many capital defendants, was sentenced to death without the consideration of any mitigating evidence whatsoever. Landrigan’s trial counsel failed to uncover substantial evidence of Landrigan’s history of severe physical and sexual abuse as a child, and of the possible biological effects of his mother’s alcohol and drug abuse. Every member of the Ninth Circuit en banc panel considering his case deemed his counsel’s …

Bending Nature, Bending Law, David G. Owen

Florida Law Review

No abstract provided.

Unwitting Sanctions: Understanding Anti-Bribery Legislation As Economic Sanctions Against Emerging Markets, Andrew Brady Spalding

Florida Law Review

Although the purpose of international anti-bribery legislation, particularly the U.S. Foreign Corrupt Practices Act (FCPA), is to deter bribery, empirical evidence demonstrates a problematic collateral effect. In countries where bribery is perceived to be relatively common, the present enforcement regime goes beyond the deterrence of bribery, and ultimately deters investment. Drawing on literature from political science and economics, this Article argues that anti-bribery legislation, as presently enforced, functions as de facto economic sanctions. A detailed analysis of the history of FCPA enforcement shows that these sanctions most often occur in emerging markets, where historic opportunities for economic and social development …

What Virtual Worlds Can Do For Property Law, Juliet M. Moringiello

Florida Law Review

No abstract provided.

Hidden Engines Of Destruction: The Reasonable Expectation Of Code Safety And The Duty To Warn In Digital Products, Andrea M. Matwyshyn

Florida Law Review

This Article explores a seemingly straightforward question: to what extent is a consumer entitled to know how digital products work and the likelihood of digital harm? In previous work, I have explored this question in the context of contract law and consumer consent. This Article approaches the question from a different legal context. Specifically, this Article considers whether a duty to warn should exist in connection with digital products. Even if we assume arguendo that a harmed consumer will have difficulty quantifying actual damages, an independent duty to warn on the part of the digital product creator or operator may …

From Bush V. Gore To Namudno: A Response To Professor Amar, Ellen D. Katz

Florida Law Review

No abstract provided.

Why Justice Thomas Should Speak At Oral Argument, David A. Karp

Florida Law Review

No abstract provided.

Out Of Jail And Out Of Luck: The Effect Of Negligent Hiring Liability And The Criminal Record Revolution On An Ex-Offender's Employment Prospects, Ryan D. Watstein

Florida Law Review

No abstract provided.

Personal Perspectives On The Ever-Changing Wsu Woods, James Runkle

Runkle Woods Symposia

My personal acquaintance with the woods started when I interviewed in the spring of 1979, when the false Solomon’s seals were in full bloom. Since then, I have been in the woods on more than a thousand separate days. I am fascinated to learn more about it each time I visit and to monitor its changes over the course of a day, from day to day, season to season, year to year and decade to decade. In my talk I acknowledge longer changes, such as the regrowth after glacial retreat and likely changes over the last 10,000 yrs due to …

Approaching Industrial And Environmental Reform For Shaq Al-Thu'ban Marble And Granite Industrial Cluster, Rania Ahmed Hamza Sayed Eid

Archived Theses and Dissertations

No abstract provided.

Assessment Of Solid Waste Management In Egypt During The Last Decade In Light Of The Partnership Between The Egyptian Government And The Private Sector, Sohair Mourad Milik

Archived Theses and Dissertations

No abstract provided.

Colonizing The Gaza Strip: Two Phases Of Governance: A Critique Of The Idea Of State, Philip Risk

Archived Theses and Dissertations

No abstract provided.

Ted Ayres, Social Justice And Education Advocate: "Making It Count" With Book Reviews, Kristen P. Erdem

Journal of Multicultural Affairs

This is an interview article with a prolific reviewer of books seen on public television and in print. Ted Ayres had an inspired legal career, and his advocacy continues to this day. The year 2020, like no other year in our recent U.S. history, was a raucous reckoning for an array of social justice issues. As this theme continues in 2021, it is heartwarming getting to know a quiet advocate in our midst. Meet Ted Ayres. Ayres will be a contributor to the journal with book reviews. This is an introduction to the person, Ted Ayres as social justice and …

Brilla: Shining On Through A Pandemic, Tracey R. Jones, Erica Silva

Journal of Multicultural Affairs

This article highlights the community partnership between a primary school Dual Language program and university Spanish students. In this submission related to personal experience during the COVID-19 pandemic, the impact of classroom teachers within the BRILLA (Bilingual Readiness through Interaction, Language, Literacy and Alliances) program is explored. Teachers are the light bearers who make human connection and authentic learning happen in-person and over screens; pandemic, or no pandemic, they shine.

Cognitive Ecology Of Color Vision In Orchid Bees, Andreia Queiroz Santos A Figueiredo

Dissertations

Animals interact with their environment and acquire information from it. Information can be processed by their sensory systems and influence behavior, often mediated through mechanisms of decision-making and learning. Animal pollinators acquire information from flowers and use this information to make decisions about the flowers they visit. My research aimed to understand the role of color vision in a tropical pollinator, the orchid bee Euglossa dilemma. Chapter 1 is a review exploring pollination through the lens of prepared learning. Prepared learning proposes that animals learn some associations better than others due to an evolved match with the environment. I …

The Beacon, November 19, 2021, The Beacon Staff

The Beacon, 2021-2022

“Stand Up For Your Sister” comes to campus; NW students double as camp counselors; Swift baring her relationship soul for fans; The bigger the name, the bigger the fail; A blossoming performer showcases her talents; Van Ravenswaay: a versatile and talented NW musician; History in The Beacon archives; An anticipated Thanksgiving break; The match to end all matches; Forget geese, let’s talk penguins; Hot Takes: Which Taylor Swift album is the best and why?; Marker and Wiersma race their way to nationals; Raider basketball dominate in Pizza Ranch Classic; A new season begins for the NW wrestling team; Northwestern introduces …

Pre-Existing Cardiovascular Disease Increases Risk Of Atrial Arrhythmia And Mortality In Cancer Patients Treated With Ibrutinib, Juan Carlo Avalon, Jacob Fuqua, Tyler Miller, Seth Deskins, Chelby Wakefield, Austin King, Sonya Inderbitzin-Brooks, Christopher Bianco, Lauren Veltri, Wei Fang, Michael Craig, Abraham Kanate, Kelly Ross, Midhun Malla, Brijesh Patel

Faculty & Staff Scholarship

Background

Ibrutinib is a Bruton’s tyrosine kinase inhibitor used in the treatment of hematological malignancies. The most common cardiotoxicity associated with ibrutinib is atrial arrhythmia (atrial fibrillation and flutter). It is known that patients with cardiovascular disease (CVD) are at an increased risk for developing atrial arrhythmia. However, the rate of atrial arrhythmia in patients with pre-existing CVD treated with ibrutinib is unknown.

Objective

This study examined whether patients with pre-existing CVD are at a higher risk for developing atrial arrhythmias compared to those without prior CVD.

Methods

A single-institution retrospective chart review of patients with no prior history of …

The Formation Of Proxy Force And External State Relationships: Prospect Theory And Proxy Force Decision Making, Brandon Temple

Dissertations

Proxy war is a common tactic employed by great powers as a safer alternative to direct conflict, especially in the era of nuclear weapons. While proxy war is common, there is a lack of research on the formation of proxy-external state relationships. Previous research has typically examined the phenomena of proxy war through the perspective of the external state power, leaving a gap in the literature. This dissertation fills that gap by assessing the conditions under which armed groups enter into proxy relationships with external states. Using prospect theory as a framework for understanding more clearly armed group decision making …

Considerations And Best Practices In Animal Science 16s Ribosomal Rna Gene Sequencing Microbiome Studies, Margaret D. Weinroth, Aeriel D. Belk, Chris Dean, Noelle Noyes, Dana K. Dittoe, Michael J. Rothrock Jr, Steven C. Ricke, Phillip R. Myer, Madison T. Henniger, Gustavo A. Ramírez, Brian B. Oakley, Katie Lynn Summers, Asha M. Miles, Taylor B. Ault-Seay, Zhongtang Yu, Jessica L. Metcalf, James E. Wells

Roman L. Hruska U.S. Meat Animal Research Center: Reports

Microbiome studies in animal science using 16S rRNA gene sequencing have become increasingly common in recent years as sequencing costs continue to fall and bioinformatic tools become more powerful and user-friendly. The combination of molecular biology, microbiology, microbial ecology, computer science, and bioinformatics—in addition to the traditional considerations when conducting an animal science study—makes microbiome studies sometimes intimidating due to the intersection of different fields. The objective of this review is to serve as a jumping-off point for those animal scientists less familiar with 16S rRNA gene sequencing and analyses and to bring up common issues and concerns that arise …

Gwu Students Travel To Cataloochee Valley To Study Behavior Of Elk, Sariana Miranda-Rosado

Gardner-Webb NewsCenter Archive

The fall of the year is one of best times to study the behavior of elk, and recently students in Jay Zimmer’s Animal Physiology class went to a perfect place to view them. Kalyn Wilson, McKenzie Trantham, Kelsie Burke and Victoria Young had the opportunity to view elks in their natural habitat. Starting at 5:20 a.m., the group traveled for about two and one-half hours to catch the herd rising from the bedding ground in the Cataloochee Valley of the Great Smoky Mountains National Park.

Selection Shapes The Landscape Of Functional Variation In Wild House Mice., Raman Akinyanju Lawal, Uma P Arora, Beth L Dumont

Faculty Research 2021

BACKGROUND: Through human-aided dispersal over the last ~ 10,000 years, house mice (Mus musculus) have recently colonized diverse habitats across the globe, promoting the emergence of new traits that confer adaptive advantages in distinct environments. Despite their status as the premier mammalian model system, the impact of this demographic and selective history on the global patterning of disease-relevant trait variation in wild mouse populations is poorly understood.

RESULTS: Here, we leveraged 154 whole-genome sequences from diverse wild house mouse populations to survey the geographic organization of functional variation and systematically identify signals of positive selection. We show that a significant …

White Voters And Minority Animus In The Era Of Trump, Zachary Schwartz

Dissertations

Overt and blatant racism of the type that was once used to justify Jim Crow laws and other forms of de facto segregation against Blacks has largely been forced into the margins of society. However, the reduction of overt racism that casts whites as biologically superior to Blacks can be easily confused with a reduction of racism in totality. The election and continued popularity of Donald Trump demonstrates that the conversation on race in the United States needs much more analysis. On multiple occasions during his campaign and presidency, Trump made inflammatory remarks on race and immigration, and yet suffered …

Anger And Our Humanity: Transhumanists Stoke The Flames Of An Ancient Conflict, Susan B. Levin

Philosophy: Faculty Publications

This paper presents Stoicism as, in broad historical terms, the point of origin in Western thought of an extreme form of rational essentialism that persists today in the debate over human bioenhancement. Advocates of “radical” enhancement (or transhumanists) would have us codify extreme rational essentialism through manipulation of genes and the brain to maximize rational ability and eliminate the capacity for emotions deemed unsalutary. They, like Stoics, see anger as especially dangerous. The ancient dispute between Stoics and Aristotle over the nature and permissibility of anger has contemporary analogues. I argue that, on the merits, this controversy should, finally, be …

2021 November 19 - Board Of Trustees Agenda And Minutes, Board Of Trustees, East Tennessee State University

Board of Trustees Agendas and Minutes

No abstract provided.

Fight Or Flight, Kiley R. Cox

B.F.A. Practicum Exhibition (ART 498)

Content Warning: Trauma

Birds are beautiful, fragile, yet strong species that defy the laws of gravity. Birds have been used as symbols throughout history, and have been a huge influence within my work. To me, birds are the most relatable and enviable animals to humans. We long to adopt their risk taking behaviors, their romantic way of mating with one another for life, or even just their ability to fly and go wherever they wish. To be a bird and not care about anything in the world would be liberating. People as a whole are a lot like birds; we …

Life Isn't Fare, Eric Abarbanell

B.F.A. Practicum Exhibition (ART 498)

Born too late for the space age, too poor for space tourism, and too early to explore the galaxy, I’ve turned my obsession with sci-fi pop culture into a design career. A steady diet of bad films and cheesy sci-fi left me feeling like the world lacked something. It lacked pageantry and fun. We all share pop culture, and it gives us a sense of a world that’s more fun than the one we live in now. The movies, toys, and games of my youth helped shape my sense of what the world could be, a world that could be …

The Zircon, November 19, 2021 [Spoof Issue], Dordt University

Dordt Diamond

No abstract provided.

Insects And Their Laboulbeniales (Ascomycota, Fungi) Of Lake Eustis And Emeralda Marsh Conservation Area: A Case Study On Urbanization And Diversity, Patricia J. Kaishian

Purdue University Libraries Open Access Publishing Fund

A rapid biodiversity assessment of insects and associated Laboulbeniales fungi was conducted over the course of five nights in August, 2018, at two central Florida lakes: Lake Eustis and the nearby protected and restored National Natural Landmark, Emeralda Marsh Conservation Area (EMCA), which encompasses a portion of Lake Griffin. Lake Eustis was surveyed for Laboulbeniales in 1897 by mycologist Dr. Roland Thaxter but has not since been investigated. Because Lake Eustis has been urbanized, with the lake perimeter almost entirely altered by human development, the site offers a look into Laboulbeniales diversity across a 121-year timeline, before and after human …