Digital Commons Network^™

"Grievously And Egregiously Wrong": American Abortion Jurisprudence, Alyson M. Cox, O. Carter Snead

Journal Articles

This paper considers American abortion jurisprudence in the light of the Supreme Court's grant of certiorari in Dobbs v. Jackson Women's Health Organization. We conclude that Casey and its precedent case of Roe are egregiously wrong, have no grounding in the Constitution, and are unjustifiable on stare decisis grounds. This article argues that the Court should take this opportunity to overturn Roe and Casey once and for all, and restore to the political branches of government the authority to enact laws and policies that offer comprehensive protections to mothers, children (born and unborn), and families. Just as both parties made …

Portrait Of A School Shooter: A Threat Assessment Perspective, Wanda C. Shelton

Southeast Conference on School Climate

Part one of this presentation will lead the learner through a school shooting event, but will include not just the events that led up to the shooting, but the events that led to better understanding the shooting. Data will be presented from interviews with the shooter himself over a two year period, his teachers, and his friends. Rarely has an educator been allowed access to a convicted school shooter to learn about how the school could improve its safety measures for the future. Part two will look at school violence in communities across American and attendees will see how supports …

Government Employee Speech And Forum Analysis, Randy J. Kozel

Journal Articles

This Article analyzes the institution of government employment as a nonpublic forum. Forum analysis offers a framework for bringing the doctrine of government employee speech into alignment with broader First Amendment principles. It also sharpens the theoretical contours of employee speech law by underscoring the need for vigilance against ordained orthodoxy while acknowledging the necessity of managerial discretion over institutional operations. Characterizing government employment as a nonpublic forum circumvents problematic questions like whether employee speech has provoked an adverse reaction. The proper inquiry, in the employment context as in other nonpublic forums, is whether a speech restriction is reasonable and …

John Copeland Nagle: A Man For All Seasons, Patricia A. O'Hara

Journal Articles

Many fine law schools have faculty members who are outstanding teachers, preeminent scholars, and generous colleagues. Few law schools are as blessed as we were at Notre Dame to have someone as singular as John Copeland Nagle—a person who was all those things professionally, but who was also a man without self-serving ego or guile; a man possessed of a moral compass that made him "true north" to so many of us; a person who consistently acted out of charity in an effort to do the right thing in all things.

John was genuine, authentic, self-giving, and humble with every …

The Gsk3 Kinase And Lztr1 Protein Regulate The Stability Of Ras Family Proteins And The Proliferation Of Pancreatic Cancer Cells, Chitra Palanivel, Neha Chaudhary, Parthasarathy Seshacharyulu, Jesse L. Cox, Ying Yan, Surinder K. Batra, Michel M. Ouellette

Journal Articles: Biochemistry & Molecular Biology

Ras family proteins are membrane-bound GTPases that control proliferation, survival, and motility. Many forms of cancers are driven by the acquisition of somatic mutations in a RAS gene. In pancreatic cancer (PC), more than 90% of tumors carry an activating mutation in KRAS. Mutations in components of the Ras signaling pathway can also be the cause of RASopathies, a group of developmental disorders. In a subset of RASopathies, the causal mutations are in the LZTR1 protein, a substrate adaptor for E3 ubiquitin ligases that promote the degradation of Ras proteins. Here, we show that the function of LZTR1 is regulated …

Gdf15 Promotes Prostate Cancer Bone Metastasis And Colonization Through Osteoblastic Ccl2 And Rankl Activation, Jawed A. Siddiqui, Parthasarathy Seshacharyulu, Sakthivel Muniyan, Ramesh Pothuraju, Parvez Khan, Raghupathy Vengoji, Sanjib Chaudhary, Shailendra K. Maurya, Subodh M. Lele, Maneesh Jain, K Datta, Mohd W. Nasser, Surinder K. Batra

Journal Articles: Biochemistry & Molecular Biology

Bone metastases occur in patients with advanced-stage prostate cancer (PCa). The cell-cell interaction between PCa and the bone microenvironment forms a vicious cycle that modulates the bone microenvironment, increases bone deformities, and drives tumor growth in the bone. However, the molecular mechanisms of PCa-mediated modulation of the bone microenvironment are complex and remain poorly defined. Here, we evaluated growth differentiation factor-15 (GDF15) function using in vivo preclinical PCa-bone metastasis mouse models and an in vitro bone cell coculture system. Our results suggest that PCa-secreted GDF15 promotes bone metastases and induces bone microarchitectural alterations in a preclinical xenograft model. Mechanistic studies …

Time-Dependent Alteration In The Chemoreflex Post-Acute Lung Injury, Kajal Kamra, Nikolay Karpuk, Ryan Adam, Irving H. Zucker, Harold D. Schultz, Han-Jun Wang

Journal Articles: Cellular & Integrative Physiology

Acute lung injury (ALI) induces inflammation that disrupts the normal alveolar-capillary endothelial barrier which impairs gas exchange to induce hypoxemia that reflexively increases respiration. The neural mechanisms underlying the respiratory dysfunction during ALI are not fully understood. The purpose of this study was to investigate the role of the chemoreflex in mediating abnormal ventilation during acute (early) and recovery (late) stages of ALI. We hypothesized that the increase in respiratory rate (fR) during post-ALI is mediated by a sensitized chemoreflex. ALI was induced in male Sprague-Dawley rats using a single intra-tracheal injection of bleomycin (Bleo: low-dose = 1.25 mg/Kg or …

Mintruls: Prediction Of Mirna-Mrna Target Site Interactions Using Regularized Least Square Method, Sushil Kumar Shakyawar, Siddesh Southekal, Chittibabu Guda

Journal Articles: Genetics, Cell Biology & Anatomy

Identification of miRNA-mRNA interactions is critical to understand the new paradigms in gene regulation. Existing methods show suboptimal performance owing to inappropriate feature selection and limited integration of intuitive biological features of both miRNAs and mRNAs. The present regularized least square-based method, mintRULS, employs features of miRNAs and their target sites using pairwise similarity metrics based on free energy, sequence and repeat identities, and target site accessibility to predict miRNA-target site interactions. We hypothesized that miRNAs sharing similar structural and functional features are more likely to target the same mRNA, and conversely, mRNAs with similar features can be targeted by …

Japan’S Transnational War Reparations Litigation: An Empirical Analysis, Timothy Webster

Faculty Scholarship

Negotiating war reparations is traditionally the province of the political branches, yet in recent decades, domestic courts have presided over hundreds of compensation lawsuits stemming from World War II. In the West, governments responded to these lawsuits with elaborate compensation mechanisms. In East Asia, by contrast, civil litigation continues apace. This Article analyzes eighty-three lawsuits filed in Japan, the epicenter of Asia’s World War II reparations movement. While many scholars criticize the passivity of Japanese courts on war-related issues, this Article detects a meaningful role for Japanese courts in the reparations process: awarding compensation, verifying facts, and allocating legal liability. …

Retooling Sanctions: China’S Challenge To The Liberal International Order, Timothy Webster

Faculty Scholarship

Professor Tom Ginsburg has produced yet another classic of transnational law, political science, and international relations. Democracies and International Law yields important insights into the democratic nature of international law but cautions that authoritarian states can apply these very legal technologies for repressive or anti-democratic purposes. Building on Ginsburg’s theories of mimicry and repurposing, this contribution highlights the role of both techniques in the creation of China’s economic sanctions program. On the one hand, China has developed a basic set of tools to impose economic sanctions—a key instrument in the liberal international toolkit—on foreign entities and persons. In so doing, …

Equity's Federalism, Kellen R. Funk

Faculty Scholarship

The United States has had a dual court system since its founding. One might expect such a pronouncement to refer to the division between state and federal courts, but in the early republic the equally obvious referent would have been to the division between courts of common law and the court of chancery — the distinction, that is, between law and equity. This Essay sketches a history of how the distinction between law and equity was gradually transformed into a doctrine of federalism by the Supreme Court. Congress’s earliest legislation jealously guarded federal equity against fusion with common law at …

Democracy And Disenchantment, Ashraf Ahmed

Faculty Scholarship

During the latter half of the Trump presidency, as it became increasingly clear that the Supreme Court would remain solidly conservative for the foreseeable future, Samuel Moyn and Ryan Doerfler declared war. In popular and scholarly venues, they have steadily built a case for curtailing the power of the nation’s highest court. Their arguments have been both pragmatic and principled. They have underlined, for instance, the risks the Roberts Court poses to progressive goals such as addressing climate change1 and granting student debt relief. More broadly, they object to a “supra-democratic court exercising its current, expansive legislative veto.” For Doerfler …

Law’S Contributions To The Mindfulness Revolution, Elizabeth F. Emens

Faculty Scholarship

These are phenomenally challenging times. Mindfulness is a tool that can help lawyers support themselves, each other, their clients, and their collaborators in the hard work needed to build community and take action. For these and other reasons, mindfulness has made major inroads into law and legal institutions. Law firms, law schools, and courthouses offer training in mindfulness meditation to support the cognitive clarity and emotional self-regulation necessary for the demanding work of analyzing problems, resolving conflicts, overcoming bias, and doing justice. A growing literature, from empirical social science to legal scholarship, catalogs these and other benefits of mindfulness for …

Federalism And Equal Citizenship: The Constitutional Case For D.C. Statehood, Jessica Bulman-Pozen, Olatunde C.A. Johnson

Faculty Scholarship

As the question of D.C. statehood commands national attention, the legal discourse remains stilted. The constitutional question we should be debating is not whether statehood is permitted but whether it is required.

Commentators have been focusing on the wrong constitutional provisions. The Founding document and the Twenty-Third Amendment do not resolve D.C.’s status. The Reconstruction Amendments — and the principle of federated, equal citizenship they articulate — do. The Fourteenth Amendment’s Citizenship Clause, as glossed by subsequent amendments, not only establishes birthright national citizenship and decouples it from race and caste but also makes state citizenship a constitutive component of …

Public Nuisance As Risk Regulation, Thomas W. Merrill

Faculty Scholarship

Public nuisance has always been defined in terms of the object of protection – the community, the public, or perhaps even the state as a whole. Public nuisance in this regard has been juxtaposed to private nuisance, which protects individual persons and their use and enjoyment of land. Commentary on public nuisance has thus long been concerned with defining (without notable success) what it means to advance a public as opposed to a private right.

In this paper, I offer a different take on the function of public nuisance. The common law is designed to provide redress for actual harm, …

Advancing Positive Water Rights, Allyson E. Gold, Srinivas Parinandi, Allen Slater, Tyler Garrett

Maryland Law Review

No abstract provided.

Tributes To Family Law Scholars Who Helped Us Find Our Path, Ann Laquer Estin, Melissa Murray, June Carbone, Barbara A. Atwood, Paul M. Kurtz, J. Thomas Oldham, Bruce M. Smyth, Brian H. Bix, Elizabeth S. Scott, R.A. Lenhardt, Jessica Dixon Weaver, Solangel Maldonado, Sacha M. Coupet

Faculty Scholarship

At some point after the virus struck, I had the idea that it would be appropriate and interesting to ask a number of experienced family law teachers to write a tribute about a more senior family law scholar whose work inspired them when they were beginning their careers. I mentioned this idea to some other long-term members of the professoriate, and they agreed that this could be a good project.

So I reached out to some colleagues and asked them to participate. Many agreed to join the team. Some suggested other potential contributors, and some of these suggested faculty members …

No Runs, Few Hits And Many Errors: Street Stops, Bias And Proactive Policing, Jeffrey A. Fagan

Faculty Scholarship

Equilibrium models of racial discrimination in law enforcement encounters suggest that in the absence of racial discrimination, the proportion of searches yielding evidence of illegal activity (the hit rate) will be equal across races. Searches that disproportionately target one racial group, resulting in a relatively low hit rate, are inefficient and suggest bias. An unbiased officer who is seeking to maximize her hit rate would reduce the number of unproductive stops toward a group with the lower hit rate. An unbiased policing regime would generate no differences in hit rates between groups.

We use this framework to test for racial …

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.

The Impact Of Tobacco Use On Covid-19 Outcomes: A Systematic Review, Jessica Baker, Nandita Krishnan, Lorien C. Abroms, Carla J. Berg

GW Authored Works

Introduction. Tobacco use increases risks for numerous diseases, including respiratory illnesses. We examined the literature to determine whether a history of tobacco use increases risks for adverse outcomes among COVID-19 patients. Methods. We conducted a systematic search of PubMed, LitCovid, Scopus, and Europe PMC (for preprints) using COVID-19 and tobacco-related terms. We included studies of human subjects with lab-confirmed COVID-19 infections that examined tobacco use history as an exposure and used multivariable analyses. The data was collected between March 31st, 2020, and February 20th, 2021. Outcomes included mortality, hospitalization, ICU admission, mechanical ventilation, and illness severity. Results. Among the 39 …

Mitochondrial Redox Environments Predict Sensorimotor Brain-Behavior Dynamics In Adults With Hiv., Rachel K. Spooner, Brittany K. Taylor, Iman M. Ahmad, Kelsey Dyball, Katy Emanuel, Jennifer O'Neill, Maureen Kubat, Susan Swindells, Howard S. Fox, Sara Bares, Kelly L. Stauch, Matthew C. Zimmerman, Tony W. Wilson

Journal Articles: Infectious Diseases

Despite virologic suppression, people living with HIV (PLWH) remain at risk for developing cognitive impairment, with aberrations in motor control being a predominant symptom leading to functional dependencies in later life. While the neuroanatomical bases of motor dysfunction have recently been illuminated, the underlying molecular processes remain poorly understood. Herein, we evaluate the predictive capacity of the mitochondrial redox environment on sensorimotor brain-behavior dynamics in 40 virally-suppressed PLWH and 40 demographically-matched controls using structural equation modeling. We used state-of-the-art approaches, including Seahorse Analyzer of mitochondrial function, electron paramagnetic resonance spectroscopy to measure superoxide levels, antioxidant activity assays and dynamic magnetoencephalographic …

Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm

Faculty Scholarship

Effective lawyering requires the ability to manage contradictory yet interdependent practices. In their role as traditionally understood, lawyers must fight, judge, debate, minimize risk, and advance clients’ interests. Yet increasingly, lawyers must ALSO collaborate, build trust, innovate, enable effective risk-taking, and hold clients accountable for adhering to societal values. Law students and lawyers alike struggle, often unproductively, to reconcile these tensions. Law schools often address them as a dilemma requiring a choice or overlook the contradictions that interfere with their integration.

This Article argues instead that these seemingly contradictory practices can be brought together through the theory and action of …

Walking In Both Worlds: Learning About Youth Priorities And Indigenous Food Sovereignty With DéLįNę’S Youth Council, Neala Macleod Farley

Theses and Dissertations (Comprehensive)

Indigenous food sovereignty is vital to the protection and restoration of Indigenous food systems and to many Indigenous peoples’ health, culture, and traditions. Working towards Indigenous food sovereignty can also help to enable the protection and continued development of Indigenous knowledge and worldviews, which are becoming increasingly recognized for their potential to help transform unsustainable food systems and combat climate change. In Délįnę, Northwest Territories (NWT), re-establishing intergenerational knowledge transfer to today’s youth is an essential aspect of food sovereignty and the continuation of Dene worldviews. However, this is challenging for many youth as they face conflicting pressures from Western …

Impact Of Orthophosphate As A Corrosion Inhibitor And Chloramine Disinfectant On Drinking Water Biofilm Communities, Mitchell Cooke

Theses and Dissertations (Comprehensive)

A drinking water distribution system (DWDS) must maintain conditions within quality standards which assure the effective and safe transport of finished drinking water from treatment plants to the household tap. Although safe to drink, finished water is not sterile, and may contain hundreds of microorganisms in a single milliliter. These microorganisms are present from the source waters, such as lakes, rivers and aquifers, and have passed through early treatment steps. Final treatment steps, such as the maintenance of disinfectant residuals, are used to further minimize viable cells present and focus on the reduction of harmful organisms. Microbial cells entering the …

Design And Validation Of Artificial Feeders To Study Feeding Preferences And Growth Of Hematophagous Juvenile Sea Lamprey (Petromyzon Marinus), Gracie Li-Ting-Wai

Theses and Dissertations (Comprehensive)

The parasitic and invasive land-locked sea lamprey Petromyzon marinus populations contributed to the collapse of the Great Lakes fisheries in the mid-1900s, while native anadromous populations are currently under threat and require conservation efforts for protection. Despite the increasing concern for both populations of this species, the juvenile stage of the sea lamprey’s life cycle has not been well studied. This is due, in part, to ethical concerns raised around holding live host fish with juveniles and the lack of an alternative feeding method to maintain these juveniles in the laboratory. The feeder should be designed to minimize fouling of …

The Avian Hippocampal Declarative Memory System, Chelsey C. Damphousse

Theses and Dissertations (Comprehensive)

Across Mammalia, memory has long been dissociated into multiple component systems specialized to process specific facets of experience. Among these segregated systems, declarative memory is processed by the hippocampus and surrounding structures, which have collectively been referred to as the hippocampal declarative memory system (HDMS). The HDMS, in turn, can be further divided into parallel streams dedicated to the processing of spatial versus object identity based information, commonly discussed as the ‘what’ and ‘where’ streams. While we know that the organization of the HDMS is conserved in humans, nonhuman primates, and rats, evidence outside Mammalia is lacking. Here HDMS homology …

First Language Loss And Maintenance In Adolescents And Young Adults From Immigrant Backgrounds, Wanxin Li

Theses and Dissertations (Comprehensive)

Abstract

Language attrition is a documented phenomenon that occurs when individuals progressively lose their first language (Schmid et al., 2007). This is particularly common among individuals who relocate to a country that speaks a foreign language that differs from their first language, as the societal language eventually becomes their dominant language. Deterioration and loss of the first language (L1) may result in consequences such as loss of ethnic and cultural identity, leading to the loss of a link to one’s country of origin (Cho & Krashen, 1998). Thus, the present study examined factors that may contribute to L1 attrition. The …

Contractual Evolution, Matthew Jennejohn, Julian Nyarko, Eric L. Talley

Faculty Scholarship

Conventional wisdom portrays contracts as static distillations of parties’ shared intent at some discrete point in time. In reality, however, contract terms evolve in response to their environments, including new laws, legal interpretations, and economic shocks. While several legal scholars have offered stylized accounts of this evolutionary process, we still lack a coherent, general theory that broadly captures the dynamics of real-world contracting practice. This paper advances such a theory, in which the evolution of contract terms is a byproduct of several key features, including efficiency concerns, information, and sequential learning by attorneys who negotiate several deals over time. Each …