Digital Commons Network^™

Monarch Butterfly History And Seed Project, Robert Danziger

Monarchs and More

No abstract provided.

2021 Monarch Migration Carmel Highlands (3), Robert Danziger

Monarchs and More

No abstract provided.

2021 Monarch Migration Carmel Highlands (4), Robert Danziger

Monarchs and More

No abstract provided.

Surface, Depth And The Ephemeral Experience, Naghmeh Hachempour

College of Graduate Studies: Theses & Dissertations

Music has long been an important medium for fulfilling and expressing emotional needs. In fact, music can become a powerful tool to create emotional responses in humans, such as happiness, sadness, awareness, as we see in recent decades in cinema, social media and advertisement. Today, a combination of different media is used to arouse our emotion and feeling, but often music has been used to accompany a visual realization, rather than vice versa. In my work I explore new modes of communication between people and sound by transfiguring music notation to a visual graphic. The scope and scale of my …

Introduction: Situating, Researching, And Writing Comparative Legal History, John G. H. Hudson, William Eves

Other Publications

This volume is a selection of essays taken from the excellent range of papers presented at the British Legal History Conference hosted by the Institute for Legal and Constitutional Research at the University of St Andrews, 10–13 July 2019. The theme of the conference gives this book its title: ‘comparative legal history’. The topic came easily to the organisers because of their association with the St Andrews-based European Research Council Advanced grant project ‘Civil law, common law, customary law: consonance, divergence and transformation in Western Europe from the late eleventh to the thirteenth centuries’. But the chosen topic was also …

Preface, Margaret C. Hannon, Joanne Sweeny

Other Publications

Volume 18 of Legal Communication & Rhetoric: JALWD introduces the theme of author as travel guide who can transport their reader to new places. Lisa Eichhorn’s article, “Tonal Variation,” introduces the concept of tone, which is defined as the author’s attitude toward the audience. Using this frame, Professor Eichhorn explains how the author can use tone to shape the relationship with the reader. The article examines and contrasts two recent judicial opinions authored by Supreme Court Justices Kagan and Gorsuch. Through these tonal analyses, Professor Eichhorn shows how, even within an opinion, the tone may shift as the opinion moves …

A Moral Defense Of Robust International Law: Introducing The Review Symposium On Carmen Pavel’S Law Beyond The State, Steven Ratner, Andreas Føllesdal

Other Publications

Do today's international lawyers and political philosophers have something to learn from one another? Do they, we dare say, share any common agendas about the future of global governance? Judging from recent work within both fields, scholars are getting around to a tentative yes. Two disciplines that worked on common issues of global concern, but on separate tracks, are now engaging with one another's work more than ever. The time is thus propitious to appraise (and yes, celebrate) important works in this interdisciplinary frame. Carmen Pavel's Law Beyond the State presents a morally grounded bold vision for a more robust …

2021 Data Updates Accompanying Andrea Fenster & Margo Schlanger, Slamming The Courthouse Door: 25 Years Of Evidence For Repealing The Prison Litigation Reform Act, Prison Policy Initiative, Margo Schlanger, German Marquez Alcala

Other Publications

This entry is for underlying data, excel versions, and replication code for tables included in Fenster, Andrea and Margo Schlanger. "Slamming the Courthouse Door: 25 years of evidence for repealing the Prison Litigation Reform Act." Prison Policy Initiative (2021) found at https://repository.law.umich.edu/other/173/

This 2021 data update is superceded by the 2022 data update and files related to the 2022 BJS Court Orders included in this repository.

Understanding Metrics Of Stress In The Context Of Invasion History: The Case Of The Brown Treesnake (Boiga Irregularis), Natalie Claunch, Ignacio Moore, Heather L. Waye, Laura Schoenle, Samantha J. Oakey, Robert N. Reed, Christina Romagosa

Biology Publications

Invasive species can exert rapid depletion of resources after introduction and, in turn, affect their own population density. Additionally, management actions can have direct and indirect effects on demography. Physiological variables can predict demographic change but are often restricted to snapshots-in-time and delayed confirmation of changes in population density reduces their utility. To evaluate the relationships between physiology and demography, we assessed metrics of individual and demographic stress (baseline and 1-h corticosterone (CORT), body condition and bacterial killing ability) in the invasive snake Boiga irregularis on Guam collected in intervals of 10–15 years. We also assessed potential discrepancies between different …

Cardiac Resynchronization Therapy In Continuous Flow Left Ventricular Assist Device Recipients: A Systematic Review And Meta-Analysis From Electram Investigators, Kuldeep Shah, Vallabh Karpe, Mohit Turagam, Mahek Shah, Andrea Natale, Rakesh Gopinathannair, Dhanunjaya Lakkireddy, Jalaj Garg

Division of Cardiology Faculty Papers

Introduction: Whether cardiac resynchronization therapy (CRT) continues to augment left ventricular remodeling in patients with the continuous-flow left ventricular assist device (cf-LVAD) remains unclear. Methods: We performed a systematic review and meta-analysis of all clinical studies examining the role of continued CRT in end-stage heart failure patients with cf-LVAD reporting all-cause mortality, ventricular arrhythmias, and ICD shocks. Mantel-Haenszel risk ratio (RR) random-effects model was used to summarize data. Results: Eight studies (7 retrospective and 1 randomized) with a total of 1,208 unique patients met inclusion criteria. There was no difference in all-cause mortality (RR 1.08, 95% CI 0.86-1.35, p = …

Reply To “Programming May Matter Most.” Response To “Metabolic Effects Of Two High-Intensity Circuit Training Protocols: Does Sequence Matter?”, Tony P. Nuñez, Fabiano T. Amorim, Nicholas M. Beltz, Christine M. Mermier, Terence A. Moriarty, Roberto C. Nava, Trisha A. Vandusseldorp, Len Kravitz

Faculty Publications

We appreciate the interest that our study elicited and the comments from a reader. We commend the reader of our paper for critically evaluating the protocol and results of the study. Here, we would like to respond to the statement made in the letter. Indeed, the rest intervals were longer and time at VO2max was lower in our study than recommended by Bucheit and Larsen.1 However, because the reader is interested in the practical implications of our study, we ask that they consider the following:

2021-2022 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Sentiment-Scaled Capm And Market Mispricing, John A. Doukas, Xiao Han

Finance Faculty Publications

This study explores the conditional version of the capital asset pricing model on sentiment to provide a behavioural intuition behind the value premium and market mispricing. We find betas (β) and the market risk premium to vary over time across different sentiment indices and portfolios. More importantly, the state β derived from this sentiment-scaled model provides a behavioural explanation of the value premium and a set of anomalies driven by mispricing. Different from the static β-return relation that gives a flat security market line, we document upward security market lines when plotting portfolio returns against their state βs and portfolios …

Introduction, Daniel A. Crane, Samuel Gregg

Other Publications

The regulation of economic life, whether through law or politics, has been a fixture of daily life from time immemorial. Formal regulation occurs through a variety of formal devices, the efficacy of which is argued about by legal scholars, economists, policymakers, legislators, and governments. Even expressions like “to regulate” or “to deregulate” carry a range of political and even moral connotations, depending on who is using the phrase and how they are deploying it.

Slamming The Courthouse Door: 25 Years Of Evidence For Repealing The Prison Litigation Reform Act, Andrea Fenster, Margo Schlanger

Other Publications

Twenty-five years ago today, in 1996, President Bill Clinton signed the Prison Litigation Reform Act. The “PLRA,” as it is often called, makes it much harder for incarcerated people to file and win federal civil rights lawsuits. For two-and-a-half decades, the legislation has created a double standard that limits incarcerated people’s access to the courts at all stages: it requires courts to dismiss civil rights cases from incarcerated people for minor technical reasons before even reaching the case merits, requires incarcerated people to pay filing fees that low-income people on the outside are exempt from, makes it hard to find …

International Legal Argumentation: Practice In Need Of A Theory, Ian Johnstone, Steven R. Ratner

Other Publications

In a decentralized global system that lacks the formal trappings of domestic governance systems, most disputes between and among states and non-state actors never reach either a domestic or an international courtroom for authoritative resolution. This state of affairs continues, even with the creation of new international tribunals in recent decades. Despite, indeed because of, the relative scarcity of judicial settlement of disputes, international legal argumentation remains pervasive, but notably in a range of nonjudicial settings. States, corporations, nongovernmental organizations (NGOs), and even guerrilla groups make claims in international legal terms in political bodies like the United Nations’ organs or …

The New International Tax Framework: Evolution Or Revolution?, Reuven S. Avi-Yonah

Other Publications

On July 1, 2021, 130 countries signed on to a new framework for reforming international corporate taxation. This outcome, which still needs to be finalized and implemented in national legislation, represents the culmination of over a decade of attempts to bring the 100-year old international tax regime into the 21st century. This Insight will explain the background to the new framework and assess its prospects for success.

Should Central Banks Use Distributed Ledger Technology And Digital Currencies To Advance Financial Inclusion?, Michael S. Barr, Adrienne A. Harris, Lev Menand, Karin Thrasher

Other Publications

This paper examines how central banks might use distributed ledger technology (“DLT”) to improve access to safe and affordable financial products and services. We consider how central banks might use DLT to advance objectives such as Anti-Money Laundering (“AML”) compliance and discuss both central bank digital currencies (“CBDC”) and private digital currencies. We consider implementation challenges for these new approaches relating to interoperability, privacy, and efficiency. We conclude that financial inclusion is far from an assured outcome: central banks must work to ensure that any new technologies they adopt or foster do not exclude marginalized groups and instead focus with …

Impact Assessment Of Integrated Pest Management Strategy For Control Of Mango Fruit Fly On Women Decision Making Among Smallholder Mango Producers In Machakos County, Kenya, Hannah Mumbi Gichungi

All Master’s Theses

Improved technology increases agricultural productivity which translates to increased income from the farm. This escalates women loss of control to agricultural production and marketing due to persistent gender disparities in access to productive resources. The International Centre of Insect Physiology and Ecology (icipe) developed an Integrated Pest Management (IPM) strategy for suppression of mango fruit flies among smallholder mango farmers in sub-Saharan Africa (SSA). Despite the impressive direct impacts of icipe's IPM strategies, it remains unclear how the adoption of IPM affects household gender relations. Using a sample of 470 households in Machakos County,a two-limit Tobit model of difference-in-difference was …

Major Pests Of African Indigenous Vegetables In Tanzania And The Effects Of Plant Nutrition On Spider Mite Management, Jackline Kendi Mworia

All Master’s Theses

Pest status of insect pests is dynamic. In East Africa, there is scanty information on pests and natural enemy species of common African Indigenous Vegetables (AIVs). To determine the identity and distribution of pests and natural enemies in amaranth, African nightshade and Ethiopian kale as well as pest damage levels, a survey was carried out in eight regions of Tanzania. Lepidopteran species were the main pests of amaranth causing 12.8% damage in the dry season and 10.8% in the wet season. The most damaging lepidopteran species were S.recurvalis, U. ferrugalis, and S. litorralis. Hemipterans, A. fabae, A. crassivora, and M.persicae …

Prevalence And Transmission Of Selected Infectious Disease-Causing Enzootic And Zoonotic Pathogens By Haematophagous Camel Keds, Hippobosca Camelina, In Laisamis, Marsabit County Of Northern Kenya, Kevin Kidambasi

All Master’s Theses

Hippobosca camelina, also known as camel keds or camel louse flies, are the most common blood-sucking ectoparasites infesting camels in, Laisamis Ward, northern Kenya. The ability of these obligate haematophagous biting flies to transmit infectious agents is less understood. The aims of this study were to; I) screen for protozoan, bacterial and viral pathogens in camels and their biting keds, H. camelina, sampled from Laisamis Ward, Marsabit county II) assess the potential utility of camel keds in xenosurveillance of camel haemopathogens, and III) study the capacity of camel keds to transmit haemopathogens to experimental mice. Blood samples (n …

Phosphorus Availability And Carrot Growth As Influenced By Phosphate Rock Management Under Acid Soils In Murang'a And Tharaka Nithi Counties, Edwin Nderitu Mwangi

All Master’s Theses

Soils from Central Highlands of Kenya are characterized by low phosphorus (P) availability with crops exhibiting P deficiency symptoms. The objective was therefore to determine the P sorption characteristics of the soils and to assess their standard P requirements in order to recommend the P fertilizer required for different crops in the area. Besides, the study aimed at assessing the efficiency of lemon and pineapple juices and the concentration and time needed to release more than 50% of available P from phosphate rock (PR), and; the effect of different types of PR management on carrot yields, nutrient uptake, and P-use …

Microbial Contaminants In Wild Harvested And Trade Dedible Long-Horned Grasshopper, Ruspolia Differens (Orthoptera: Tettigoniidae) Inuganda, Simon Labu

All Master’s Theses

Edible insects are now globally recognisedas alternative sources of food and feed. Currently, over 470 spp of insects are consumed in Africa alone, with Ruspolia differensbeing the most common in central Uganda.Harvesting and trading of these insects is done informally andthe post-harvest handling, processingand marketing involvesseveral people. These coupled with other factors increase the risk of microbial contamination of R. differens. This study identifiedand characterisedbacterial and fungal microbes found in R. differensalong the value chain, and also evaluated the safety levels of R. differensat the different points, including their different districts of origin. Samples of wholeR. differens were collected from …

Taxing Parents: Welfarist Theories, Shannon Mccormack

Articles

The Internal Revenue Code (the "Code") taxes parents inequitably. Couples with a sole earner are undertaxed compared to couples with dual earners and to single parents. Legal tax scholarship (including my own) has identified the many inequities that result from this sole-earner bias and have called for its elimination. But while these arguments have been sufficient for some, they do remain susceptible to the criticism that they are theoretically incomplete.

That critique might proceed as follows. Simply establishing that an inequity exists does not create a full argument for legal reform. After all, it might be argued, the Code plays …

Visual Infrastructures Of Covid-19 Messaging, Julia Ross, Claudine Jaenichen

Art Faculty Articles and Research

Infecting more than two hundred and nineteen million people internationally as of September 2021, SARS-Cov2 (COVID-19) remains a major health crisis despite the availability of vaccines in many countries and publicized guidance on effective preventative measures (WHO, 2021). To combat the spread of the virus, governments worldwide have found themselves relying on their ability to exert control over health behaviors in public and private spaces. Visual communication, which includes both graphics and text, is an integral component of how these behavioral advisories are communicated to the public. Authorities translate scientific information into digestible designs for the public to achieve effective …

An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study, Christine N. Cimini, Doug Smith

Articles

The role of lawyers in social change movements is more important than ever as communities mobilize around systemic racism, police killings, xenophobia, rising unemployment, and widening economic inequality. The immigrant rights movement is a critical part of these efforts to foment change. This Article leverages an in-depth case study – the rise and fall of the controversial immigration enforcement program known as Secure Communities - to explore how lawyers work as part of a community to challenge power and effectuate change. The dismantling of Secure Communities was widely credited to a relentless campaign to thwart the government’s then-expanding deportation strategy. …

The Rise Of Law And The Fall Of Circular 230: Tax Lawyer Professional Standards, 1985-2015, Michael Hatfield

Articles

This third article focuses on the two issues that dominated discussions of professional responsibility standards for tax lawyers in the 1985-2015 period: return position standards and tax shelter opinions. It opens with consideration of the ABA’s 1965 opinion providing “reasonable basis” as the standard for undisclosed return positions, and then traces the response to that opinion as the response prods the development of the 1985 replacement with its “realistic possibility of success” standard. The Article documents the extensive interaction between Congress, the Treasury Department, and the tax bar over the next 30 years during which penalties are studied and revised …

The End Of Deportation, Angélica Cházaro

Articles

This Article introduces to legal scholarship a new horizon for pro-immigrant scholarship and advocacy: deportation abolition. The ever-present threat of deportation shapes the daily lives of noncitizens. Instead of aiming for a pathway to citizenship, most noncitizens must now contend with dodging the many pathways to banishment. Despite growing threats to immigrant survival, most pro-immigrant scholarship and advocacy that aims to reduce migrant suffering assumes deportation as inevitable. The focus remains on improving individual outcomes by aligning the process of deportation with due process and the rule of law. But considered from the point of view of those facing deportation, …

Presidential Control Of Elections, Lisa Marshall Manheim

Articles

In recent decades, presidents of both political parties have asserted increasingly aggressive forms of influence over the administrative state. During this same period, Congress has expanded the role that the federal government plays in election administration. The convergence of these two trends leads to a troubling but underexamined phenomenon: presidential control of elections. Relying on their official powers, presidents have the ability to affect the rules that govern elections, including elections meant to check and legitimize presidential powers in the first place. This self-serving arrangement heightens the risk of harms from political entrenchment and subordination of expertise. These harms, in …

Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh D. Spitzer, Andy Omara

Articles

It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches …