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Legitimacy, Resistance And The Stakes Of Politics, Adam Burgos

Faculty Journal Articles

This essay argues for the conceptual connection of legitimacy, resistance and ‘the people’ within liberal theories of public justification by making two primary claims: that legitimacy and resistance are mutually constitutive of one another and that together legitimacy and resistance are constitutive of an aspirational conception of ‘the people’. These claims revolve around the idea that the legitimacy of democratic regimes necessarily entails the questioning of that legitimacy through resistance, which concerns demands that say something about the makeup of ‘the people’. The concern is conceptual, examples of resistance showing how the conceptual connection manifests itself.

The Dubious Constitutional Origins Of Treaty Overrides: A Response To Rosenbloom And Shaheen, Reuven Avi-Yonah

Articles

In 1888, the Supreme Court decided a case called Whitney v. Robert- son, which is generally considered to be the source of the proposition that, under the Constitution, later-in-time statutes can override earlier treaties (the Rule). The Rule is highly controversial because it violates articles 26 and 27 of the Vienna Convention on the Law of Treaties (VCLT), which the United States has accepted as binding on it as cus- tomary international law (CIL). Despite that, the United States has since Whitney routinely engaged in treaty overrides, and the Court has repeatedly endorsed the Rule even while narrowing its application …

Spenser And Logic: Gigantomachia And Contentlessness In The Faerie Queene, John E. Curran Jr.

English Faculty Research and Publications

Figuring the enforcement of authority against rebellion, the war between the Olympians and the earth-spawned Giants is typically read as a marker of ideology. In The Faerie Queene, Spenser’s abundant allusions to the Gigantomachia can seem straightforwardly ideological, aligning Olympian rule with his virtue-knights, avatars of Elizabethan hegemony, and his giants with subversion. This essay explores another significance for the Gigantomachia, reviewing a different tradition of meaning for the myth-pattern and locating it in the poem—a tradition wherein, rather than liberation in the political realm, the Giants portend the radical oversimplification and even the nullification of thought within the …

Review Of Children Of The Raven And The Whale, Sarah Wadsworth

English Faculty Research and Publications

No abstract provided.

Review Of Female Desire In Chaucer’S “Legend Of Good Women” And Middle English Romance, Elizaveta Strakhov

English Faculty Research and Publications

No abstract provided.

Multiunit Housing And Cannabis: Good Laws Make Good Neighbors, Daniel G. Orenstein

Fordham Urban Law Journal

No abstract provided.

Crushing The Soul Of Federal Public Defenders: The Plea Bargaining Machine’S Operation And What To Do About It, Walter I. Gonçalves, Jr.

Fordham Urban Law Journal

No abstract provided.

More Than Merit: Reframing The Debate Over Examination-Based Admissions In Public Schools, Aaron Saiger

Fordham Urban Law Journal

No abstract provided.

Parks As Persons: Legal Innovation Or Colonial Appropriation?, Alexandra Flynn

Fordham Urban Law Journal

No abstract provided.

Personal Intelligence And Student Employees, Miah Munro

Honors Theses and Capstones

Personal intelligence involves the capacity of individuals to accurately reason about personality and personality-related information that is related to themselves and others (Mayer, 2008). One setting that may particularly benefit from research on personal intelligence is the workplace. To understand employees’ logic, Peters and colleagues (2021) employed a narrative evaluation tool adapted from Allen (2017) to assess the perceived sophistication employees’ use to describe an interaction they had with a difficult or challenging coworker. They found that judges could reliably detect variations in the sophistication employees used, and that it was related, r = .43, p < .001, to a measure of personal intelligence. Their results were intriguing, but more confidence regarding their findings could be added through replication and extension of the work. Previous findings were replicated, which makes for a more compelling case that personal intelligence is detectable in employees and is related to what we think of as personal intelligence. Understanding personal intelligence in the workplace can enhance the capabilities of the human resource professionals to select personnel, which will ultimately improve their hiring process.

Comparison Of Mechanical And Column Flotation Performances On Recovery Of Phosphate Slimes In Presence Of Nano-Microbubbles, Fatemeh Taghavi, Mohammad Noaparast, Ziaeddin Pourkarimi, Fardis Nakhaei

Mining Engineering Faculty Research & Creative Works

Fine particle flotation has been one of the main problems in many mineral processing plants. The bubble-particle collision rate is very low for fine particles, which reduces flotation efficiency. Also, the existence of slimes is, generally, detrimental to the flotation process, affecting the selectivity and the quality of the concentrates. Besides, it causes an increase in reagents consumption. Hence, in most of processing plants, some of these particles are transmitted to the tailing ponds to reduce the effects of these problems and increase the selectivity of the process. Esfordi phosphate plant in Iran loses more than 30% of its capacity …

The Words That Made Original Jurisdiction, James E. Pfander

Constitutional Commentary, Vol. 37 and later (2023–present)

No abstract provided.

"Originalist" Justices And The Myth That Article Iii "Cases" Always Require Adversarial Disputes, Robert J. Pushaw Jr.

Constitutional Commentary, Vol. 37 and later (2023–present)

No abstract provided.

Hemodynamic And Lactate Response To Exhaustive Exercise With L-Arginine Supplementation, Matthew Feeback, Bailey Reitsma

Open Access Publishing Support Funded Articles

Introduction: To further understand the effects of L-arginine on both its ability to enhance lactate clearance and increase overall blood flow before, during, and after exhaustive anaerobic exercise.

Methods: Twelve healthy male subjects between the ages of 18-25 first completed an initial visit where baseline data was recorded. Subjects completed three additional visits, in which they ingested either a placebo, two-gram or four-gram dose of L-arginine. Blood flow (BF) and lactate were recorded before ingestion of the treatment, 5 and 15-minutes post-ingestion prior to performing a push-up test to volitional fatigue. Immediately following the push-up test, BF and lactate …

A Review Of Virus-Vectored Vaccines: Current Production Methods, Uses, Issues, And Future Perspectives, Jaden Marks

Biology and Microbiology Graduate Students Plan B Research Projects

Viral vector vaccines have recently risen to the forefront of vaccinology, but there are multiple factors that must be addressed before they achieve widespread approval and use. The concept of using viruses as vectors is not new, and numerous attempts to create vaccines that utilize virus vectors have been made in the past 25 years. Despite this, only one viral vector vaccine has gained full approval by the FDA. The goal of this review is to provide a comprehensive overview of the types of viral vector vaccines, production and purification methods, current and future viral vector vaccines, the issues and …

Review Of A Chimeric Hemagglutinin-Based Influenza Vaccine Approach, Whitney Muck

Biology and Microbiology Graduate Students Plan B Research Projects

Influenza virus has affected human populations for centuries, causing an acute respiratory effect on the body. Even with scientific advancements in vaccine research, there are still serious limitations to the influenza vaccine. Varying strains and the constant recombination of the influenza virus has caused annual influenza circulation to be difficult to predict. The ongoing 40 race to develop a more efficient vaccine to broadly protect against the variety of influenza strains remains a public health priority. Many strategies have been studied to improve the current vaccine. The use of a chimeric hemagglutinin-based vaccine is in the first stages of human …

Spiritus: Oru Journal Of Theology 5 Year Report, Jeffrey S. Lamp, Wonsuk Ma, Daniel D. Isgrigg

History

Executive Summary

The Journal stands as a partnership between the College of Theology & Ministry and the Holy Spirit Research Center of Oral Roberts University. With the publishing of the Fall 2021 issue, Spiritus has completed five years in publication (2017-2021). The Journal has published eight different issues during this time, including four special themed issues. Though increased visibility through indexing through ATLA Database and Google Scholar in 2020, downloads grew exponentially from 5,400 in 2019 to 27,000 in 2021. ORU faculty have significantly contributed to the breadth of scholarship, including 56% of the articles and 47% of the book …

From Bedside To The Bench—A Call For Novel Approaches To Prognostic Evaluation And Treatment Of Empyema, Sophia Karandashova, Galina Florova, Steven Idell, Andrey A. Komissarov

School of Medical and Biological Sciences Faculty Publications and Presentations

Empyema, a severe complication of pneumonia, trauma, and surgery is characterized by fibrinopurulent effusions and loculations that can result in lung restriction and resistance to drainage. For decades, efforts have been focused on finding a universal treatment that could be applied to all patients with practice recommendations varying between intrapleural fibrinolytic therapy (IPFT) and surgical drainage. However, despite medical advances, the incidence of empyema has increased, suggesting a gap in our understanding of the pathophysiology of this disease and insufficient crosstalk between clinical practice and preclinical research, which slows the development of innovative, personalized therapies. The recent trend towards less …

Actualization Through Constraint: An Analysis Of Hegelian Self- Consciousness In Fascism- Exclusionary Expression And In Modular Orchestral Composition, Marisa Kaye Janke

2022 Symposium

How does a conscious entity become aware of itself and its place in the world? According to German Idealist Philosopher G.F.W. Hegel, there are required conditions that facilitate this movement of awareness. Recognition serves as a central requirement, for a consciousness cannot progress in an isolated space. Coexistence allows for referential points, and is often necessary for the actualization of concepts by providing social interactions wherein recognition both of and by others can occur.

This paper illustrates the progression of two such concepts, discourse and musical composition as forms of freedom “in-itself”. They are both imperfect for the promotion of …

The Relevance Of Pedigrees In The Conservation Genomics Era, Stephanie J. Galla, Julie A. Heath

Biology Faculty Publications and Presentations

Over the past 50 years conservation genetics has developed a substantive toolbox to inform species management. One of the most long-standing tools available to manage genetics—the pedigree—has been widely used to characterize diversity and maximize evolutionary potential in threatened populations. Now, with the ability to use high throughput sequencing to estimate relatedness, inbreeding, and genome-wide functional diversity, some have asked whether it is warranted for conservation biologists to continue collecting and collating pedigrees for species management. In this perspective, we argue that pedigrees remain a relevant tool, and when combined with genomic data, create an invaluable resource for conservation genomic …

Chemosensitivity Of Locus Coeruleus Neurons Decreases With Postnatal Development, Yasmeen Samar

Browse all Theses and Dissertations

The locus coeruleus (LC) is a chemosensory area partially responsible for ventilation. Control over ventilation relies on inter-network communication via chemical and electrical synapses and chemosensitivity to CO2/pH. As the LC develops, it’s neural control over ventilation changes. This study investigates the chemosensitivity of the locus coeruleus over the course of development in postnatal rats. We hypothesize that 1) the CO2 sensitivity of LC neurons is highest at birth and declines with development 2) LC neurons are intrinsically chemosensitive and this chemosensitivity does not decrease with development and 3) the presence of gap junctions is highest at the beginning of …

Military Leadership By Intellectual Officers: A Case Study Of The Idf, Haim Yogev, Ronen A. Cohen, Eyal Lewin

Journal of Strategic Security

Morris Janowitz believed that for an army to be victorious it needs to be led by as many intellectual forces as possible, just as any organization needs organizational intellectualism to prosper. It is agreed in scholarly literature that the intellectual must author various articles and manifestos to express their viewpoints, mindset, and philosophy in the public sphere. Based on Janowitz’s belief and using the Israeli Defense Forces (IDF) as a case study, this research offers a model for a generic research methodology that can be practiced elsewhere. The mission was to find the extent to which the higher echelons of …

2022-2024, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Maternal Occupational Exposure To Organic Solvents And Noise: Maternal Effects And Infant Outcomes, Kristen Van Buren

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Introduction: Several maternal occupational exposures have not yet been studied for potential reproductive harm or have inconsistent findings in the literature. Despite the challenges, identification of potential risk factors, specifically reproductive toxicants, is necessary to mitigate and prevent adverse health outcomes for working mothers and their infants. The purpose of this study was to examine maternal occupational exposure to organic solvents and noise to small-for-gestational age (SGA) and preterm birth (PTB) among infants. Additionally, the study sought to examine maternal occupational exposure to noise and presence of gestational diabetes (GDM) and pregnancy-related hypertension among participant mothers.

Methods: The study population …

Under The Surface: Pressure-Induced Planetary-Scale Waves, Volcanic Lightning, And Gaseous Clouds Caused By The Submarine Eruption Of Hunga Tonga-Hunga Ha’Apai Volcano Provide An Excellent Research Opportunity, David A. Yuen, Melissa A. Scruggs, Frank J. Spera, Yingcai Zheng, Hao Hu, Stephen R. Mcnutt, Glenn Thompson, Kyle Mandli, Barry R. Keller, Songqiao Shawn Wei, Zhigang Peng, Zili Zhou, Francesco Mulargia, Yuichiro Tanioka

School of Geosciences Faculty and Staff Publications

We present a narrative of the eruptive events culminating in the cataclysmic 15 January 2022 eruption of Hunga Tonga-Hunga Ha’apai Volcano by synthesizing diverse preliminary seismic, volcanological, sound wave, and lightning data available within the first few weeks after the eruption occurred. The first hour of eruptive activity produced fast-propagating tsunami waves, long-period seismic waves, loud audible sound waves, infrasonic waves, exceptionally intense volcanic lightning and an unsteady volcanic plume that transiently reached—at 58 km—the Earth’s mesosphere. Energetic seismic signals were recorded worldwide and the globally stacked seismogram showed episodic seismic events within the most intense periods of phreatoplinian activity, …

From Contacts To Relatedness: Invigorating The Promise Of "Fair Play And Substantial Justice" In Personal Jurisdiction Doctrine, Richard D. Freer

Faculty Articles

Personal jurisdiction is integral to access to justice. Without a convenient court, plaintiffs’ efforts to vindicate claims (and society’s interest in private enforcement of law) may be thwarted. After considerable engagement in between 1977 and 1990, the Supreme Court did not decide a personal jurisdiction case between 1990 and 2011. This Symposium addresses what the Court has done regarding personal jurisdiction in the “new era” that started in 2011. That year brought a specific jurisdiction decision, J. McIntyre Machinery, Ltd. v. Nicastro, and a general jurisdiction decision, Goodyear Dunlop Tires Operations, S.A. v. Brown. The former broke no …

Delegating Climate Authorities, Mark P. Nevitt

Faculty Articles

The science is clear: the United States and the world must take dramatic action to address climate change or face irreversible, catastrophic planetary harm. Within the U.S.—the world’s largest historic emitter of greenhouse gas emissions—this will require passing new legislation or turning to existing statutes and authorities to address the climate crisis. Doing so implicates existing and prospective delegations of legislative authority to a large swath of administrative agencies. Yet congressional climate decision-making delegations to any executive branch agency must not dismiss the newly resurgent nondelegation doctrine. Described by some scholars as the “most dangerous idea in American law,” the …

Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

Although federal environmental law purports to provide the public with comprehensive protection against chemical risks, the U.S. chemical industry is characterized by self­ regulation. This self-regulation is exemplified by the dangers posed by per- and polyfluoroalkyl substances (''PFAS'')­ broad classes of persistent toxic substances that have now entered nearly every American's bloodstream and hundreds of public drinking water systems. Despite data linking exposure to these "forever chemicals" to cancer, infertility, and a host of other public health harms, environmental law has failed to safeguard the American people from PFAS' toxic legacy. How did this occur? And what should be done …

Antidiscrimination And Tax Exemption, Alex Zhang

Faculty Articles

The Supreme Court held, in Bob Jones University v. United States, that violations of fundamental public policy— including race discrimination in education—disqualify an entity for tax exemption. The holding of the case was broad, and its results cohered with the ideals of progressive society: the government ought not to subsidize discrimination, particularly of marginalized groups. But almost four decades later, the decision has never realized its antidiscriminatory potential. The Internal Revenue Service (IRS) has limited implementation to the narrowest facts of the case. The scholarly literature has not formulated a systematic account of how to enforce the Bob Jones …

Nature, Magic, And Healing: How Leslie Silko Builds Her Native World, Ashton Q. Record

Student Publications

An essay examining how Leslie M. Silko utilizes the relationship between Nature and Native American Mystic Arts to create a full and vibrant world in her novel Ceremony.