Digital Commons Network^™

Countering The New Election Subversion: The Democracy Principle And The Role Of State Courts, Jessica Bulman-Pozen, Miriam Seifter

Faculty Scholarship

Among the threats to American democracy, the most serious may also be the most banal: future elections will be compromised by quiet changes to the law. State legislators across the country have introduced bills that give them power to reject the will of voters. They have established sham audits and investigations. And they have created new criminal offenses that undermine professional election administration. While power-shifting legislation, audits, and criminal penalties advertise their fealty to law, they threaten the franchise and electoral integrity, as well as nonpartisan, expert election administration. Because of its ostensibly legal, even legalistic, character, however, the new …

Relying On Restatements, Shyamkrishna Balganesh

Faculty Scholarship

Restatements of the Law occupy a unique place in the Americanlegal system. For nearly a century, they have played a prominent and influential role as legal texts that courts routinely rely on in a wide variety of fields. Despite their ubiquitous and pervasive use by courts, Restatements are not formal sources of law. While they resemble statutes in their form and structure, Restatements are produced entirely by a private organization of experts set up to clarify and simplify the law and thus lack the force of law on their own. And yet, courts treat them as formal and authoritative sources …

The Essential Meaning Of The Rule Of Law, Thomas W. Merrill

Faculty Scholarship

We have heard much in recent times about the rule of law. Everyone seems to be in favor of it. Everyone seems to think that those with whom they strongly disagree are violating it. Let me remind you of a few examples.

President Obama, frustrated by Congress’s failure to adopt immigration reform, stated at a cabinet meeting that he still had a “pen and a phone.” He proceeded to announce a policy called DACA, short for Deferred Action for Childhood Arrivals, which effectively adopted a type of amnesty for some 700,000 persons who had arrived in the country as children …

Assessment Of Combined Modality Therapy For Non-Small-Cell Lung Carcinoma: A Simulation Study Concerning Concurrent Chemo-Brachytherapy, Hadi Rezaei, Hesameddin Mostaghimi, Ali Reza Mehdizadeh

Electrical & Computer Engineering Faculty Publications

Although surgery is the treatment of choice for early-stage non-small-cell lung carcinoma, almost two-thirds of patients do not have acceptable pulmonary function for extensive surgeries. The alternative approach for this large group of patients is sublobar resection along with low-dose-rate (LDR) brachytherapy (BT). However, patients with resected lungs have a high risk of recurrence and are often treated with platinum-based (Pt-based) chemotherapy (CT). In this study, we aimed to evaluate the absorbed doses of lung and other thoracic organs, considering concurrent chemo-BT with LDR sources in two modalities: conventional vs. unconventional Pt-based CT. We used the MCNPX code for simulations …

Stem Cell Therapy For Insulin-Dependent Diabetes: Are We Still On The Road?, Lu Yang, Zhu-Meng Hu, Fang-Xu Jiang, Wei Wang

Research outputs 2022 to 2026

In insulin-dependent diabetes, the islet β cells do not produce enough insulin and the patients must receive exogenous insulin to control blood sugar. However, there are still many deficiencies in exogenous insulin supplementation. Therefore, the replacement of destroyed functional β cells with insulin-secreting cells derived from functional stem cells is a good idea as a new therapeutic idea. This review introduces the development schedule of mouse and human embryonic islets. The differences between mouse and human pancreas embryo development were also listed. Accordingly to the different sources of stem cells, the important research achievements on the differentiation of insulin-secreting β …

Navassa: Property, Sovereignty, And The Law Of The Territories, Joseph Blocher, Mitu Gulati

Faculty Scholarship

The United States acquired its first overseas territory—Navassa Island, near Haiti—by conceptualizing it as a kind of property to be owned, rather than a piece of sovereign territory to be governed. The story of Navassa shows how competing conceptions of property and sovereignty are an important and underappreciated part of the law of the territories—a story that continued fifty years later in the Insular Cases, which described Puerto Rico as “belonging to” but not “part of” the United States.

Contemporary scholars are drawn to the sovereignty framework and the public-law tools that come along with it: arguments about rights and …

The Political Economy Of Wto Exceptions, Timothy Meyer

Faculty Scholarship

In a bid to save the planet from rising temperatures, the European Union is introducing a carbon border adjustment mechanism—essentially a levy on imports from countries with weak climate rules. The United States, Canada, and Japan are all openly mulling similar proposals. The Biden Administration is adopting new Buy American rules, while countries around the world debate new supply chain regulations to address public health issues arising from COVID-19 and shortages in critical components like computer chips. These public policy initiatives—addressing the central environmental, public health, and economic issues of the day—all likely violate World Trade Organization (WTO) rules governing …

10 Things Judges Should Know About Cryptocurrency, Lee Reiners

Faculty Scholarship

No abstract provided.

Aedpa Repeal, Brandon L. Garrett, Kaitlin Phillips

Faculty Scholarship

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) dramatically altered the scope of federal habeas corpus. Enacted in response to a domestic terrorism attack, followed by a capital prosecution, and after decades of proposals seeking to limit post conviction review of death sentences, and Supreme Court rulings severely limiting federal habeas remedies, AEDPA was ratified with little discussion or deliberation. The law and politics of death penalty litigation, which had been particularly active since the U.S. Supreme Court invalidated all death penalty schemes in its 1972 ruling in Furman v. Georgia, culminated in restrictions for all federal habeas …

Keeping Our Republic, Ashlee A. Paxton-Turner

Faculty Scholarship

No abstract provided.

Theory Of Prioritarianism, Matthew D. Adler

Faculty Scholarship

This chapter provides theoretical foundations for the Prioritarianism in Practice volume, by clarifying the features of prioritarian social welfare functions (SWFs). A prioritarian SWF sums up individuals’ well-being numbers plugged into a strictly increasing and strictly increasing transformation function. Prioritarian SWFs, like the utilitarian SWF, fall within the “generalized-utilitarian” class of SWFs.Generalized-utilitarian SWFs are additive and, hence, especially tractable for purposes of policy analysis. The chapter reviews the axiomatic properties of generalized-utilitarian SWFs and, specifically, of prioritarian SWFs. Prioritarianism satisfies the Pigou-Dalton axiom (a pure, gap-diminishing transfer of well-being from a better-off to a worse-off person is an ethical improvement), …

Barriers To Entry And Justice Ginsburg’S Criminal Procedure Jurisprudence, Lisa Kern Griffin

Faculty Scholarship

In her nearly thirty years on the United States Supreme Court, Justice Ruth Bader Ginsburg issued momentous decisions and significant dissents concerning constitutional guarantees of equality. She is best known for her leadership – as an advocate, scholar, judge, and justice – on issues of gender discrimination. Although one might expect related commitments to civil liberties to shape cases concerning the criminal justice process, Justice Ginsburg’s mark on constitutional criminal procedure appears comparatively faint.

Redirected Utopias: The Politics Of Self-Reflexive Autobiographical Documentary In Albertina Carri’S Los Rubios And Ufuk Emiroglu’S Mon Père, La Révolution, Et Moi, Stephanie Pridgeon

All Faculty Scholarship

Twenty-first century documentary production from around the world has used self-reflexivity to challenge assumptions about subjectivity and social positioning in ways that explicitly challenge the politics of filmmaking. Released in 2003 and 2013 respectively, Argentine director Albertina Carri’s Los rubios and Turkish filmmaker Ufuk Emiroglu’s Mon père, la révolution et moi incorporate fictions and fantasies into their autobiographical stories, telling their life stories through alternative narrative forms that deviate from existing social and aesthetic precepts. The two filmmakers seek to understand–and scrutinize–the utopian ideals of the revolutionary movements to which their fathers belonged in 1970s Argentina and Turkey, respectively. The …

To Fly Or Not To Fly? Comparing Vantage Point And Uncrewed Aerial Vehicle Surveys For Assessments Of Seabird Abundance And Fine-Scale Distribution, Melissa M. Costagliola-Ray, Lilian Lieber, W. Alex M. Nimmo-Smith, Elizabeth A. Masden, Paul Caplat, Jared Wilson, Nina J. O'Hanlon

School of Biological and Marine Sciences

Marine renewable energy developments (e.g. offshore wind, wave, and tidal) are an increasing feature within the marine environment. It is therefore important to understand the potential impacts of such developments on seabirds that use these environments. Land-based vantage point (VP) surveys are widely used to collect data for environmental impact assessments (EIAs) within tidal stream energy sites. However, tidal stream environments are highly dynamic and present challenges when conducting VP surveys, for example there can be varying detectability of seabirds due to near-surface turbulence. In recent years, there has been increasing interest in the use of uncrewed aerial vehicles (UAVs) …

Bibliography Of Scholarship From 2022, University Of San Diego

Annual Bibliography of USD Scholarship

No abstract provided.

The Application Of Precaution In Elasmobranch Conservation And Management In The Mediterranean Sea, Lydia Koehler, Ioannis Giovos, Jason Lowther

School of Law, Humanities and Social Sciences

No abstract provided.

Policy Making For Sharks And The Role And Contribution Of Non-Governmental Organisations In The Fulfilment Of International Legal Obligations, Lydia Koehler, Jason Lowther

School of Law, Humanities and Social Sciences

We propose a policy cycle for elasmobranch conservation and management and assessed the role and contribution of non-governmental organisations (NGOs) within this cycle on a case study basis for the Mediterranean region. Following a review of shark-related and relevant legal obligations under international and regional instruments, we classified them into ten focus areas: Capacity building, Conservation measures, Cooperation, Education and Awareness, Monitoring, Policy development and integration, Regulation, Reporting, Research, and Sustainable Management. Based on surveys and a supplementary, web-based research, we found that NGOs contribute substantially to the implementation stage of the proposed policy cycle and fulfil obligations under various …

The Potential Of Peatlands As Nature-Based Climate Solutions, Maria Strack, Scott J. Davidson, Takashi Hirano, Christian Dunn

School of Geography, Earth and Environmental Sciences

Purpose of ReviewDespite covering only 3% of the land surface, peatlands represent the largest terrestrial organic carbon stock on the planet and continue to act as a carbon sink. Managing ecosystems to reduce greenhouse gas (GHG) emissions and protect carbon stocks provide nature-based climate solutions that can play an important role in emission reduction strategies, particularly over the next decade. This review provides an overview of peatland management pathways that can contribute to natural climate solutions and compiles regional and global estimates for the size of potential GHG emission reductions.Recent FindingsDegraded peatlands may account for 5% of current anthropogenic GHG …

A Multi-Trophic Marker Approach Reveals High Feeding Plasticity In Barents Sea Under-Ice Fauna, Doreen Kohlbach, Lukas Smik, Simon T. Belt, Haakon Hop, Anette Wold, Martin Graeve, Philipp Assmy

School of Geography, Earth and Environmental Sciences

Microalgae growing within and attached to the bottom of Arctic sea ice (sympagic algae) can serve as a nutritious food resource for animals inhabiting the sea-ice water interface (under-ice fauna), particularly during the bottom ice-algal bloom in spring. As a consequence, under-ice fauna is likely impacted by sea-ice decline and changes in ice-algal primary production. To investigate this, samples of pelagic (=PPOM) and ice-associated particulate organic matter (=IPOM) and the iceassociated amphipods Apherusa glacialis and Eusirus holmii, and polar cod (Boreogadus saida), collected below ridged sea ice at two locations with pronounced differences in productivity in the northern Barents Sea …

Guided Tissue Regeneration In Peri-Radicular Surgery, G Baniulyte, L Burns, K Ali

Peninsula Dental School

Guided tissue regeneration techniques have been available in dentistry for decades. Primarily used for periodontal surgery and implant placement, their usefulness in periapical surgery has been getting increased attention. From the currently available evidence, guided tissue regeneration can improve patient outcomes. As a result, this technique might become more common in the future. Therefore, this review outlines the main uses of guided tissue regeneration and provides a brief summary of evidence surrounding it, with particular focus on periapical surgery.

Foxo1 Is Present In Stomach Epithelium And Determines Gastric Cell Distribution, Wendy M Mckimpson, Taiyi Kuo, Takumi Kitamoto, Sei Higuchi, Jason C Mills, Rebecca A Haeusler, Domenico Accili

Faculty, Staff and Students Publications

BACKGROUND AND AIMS: Stomach cells can be converted to insulin-producing cells by Neurog3, MafA, and Pdxl over-expression. Enteroendocrine cells can be similarly made to produce insulin by the deletion of FOXO1. Characteristics and functional properties of FOXO1-expressing stomach cells are not known.

METHODS: Using mice bearing a FOXO1-GFP knock-in allele and primary cell cultures, we examined the identity of FOXO1-expressing stomach cells and analyzed their features through loss-of-function studies with red-to-green fluorescent reporters.

RESULTS: FOXO1 localizes to a subset of Neurog3 and parietal cells. FOXO1 deletion ex vivo or in vivo using Neurog3-cre or Atp4b-cre increased numbers of parietal cells, …

How The Pandemic Flipped My Perspective On Flipping The Tax Law Classroom, Heather Field

Faculty Scholarship

No abstract provided.

An Exploration Of The Contribution Of Embodied, Situated Research Strategies To Cultural Ecosystem Services And Landscape Assessment Frameworks: An Environmental Empathy Case Study, K Łucznik, Jv Serrano, J Martin

School of Geography, Earth and Environmental Sciences

Since the Millennium Ecosystem Assessment in 2005, interest has increased in cultural ecosystem services (CESs) research to understand the complexity of the non-material benefits that people obtain from ecosystems. The intangible and interactive characteris-tics of CESs present many challenges regarding how to approach, quantify and even de-fine CESs. In this paper, we suggest looking at CESs through the lens of embodied and situated cognition theories. We advocate that such an approach should be applied to the development stage of CES research projects, as the embodied and situated experience of the site aids the development of research questions and future interventions. …

Managing Business Relationships For Social Impact: Introduction To The Special Issue, Maciej Mitręga, Dariusz Siemieniako, Krzysztof Kubacki, Stefanos Mouzas

Plymouth Business School

No abstract provided.

Diagrams Of Disturbance: Conceptual Diagrams And The Production Of A Personal Diagram Poetry., Russell Evans

School of Law, Humanities and Social Sciences Theses

Russell Evans Title: Diagrams of Disturbance: conceptual diagrams and the production of a personal diagram poetry. This thesis is a pursuit of a personal diagram poetry, with a submission of part creative work, part critical exploration of selected diagram poetry over the past 50 years. I examine my own work and that of pioneering diagram poet Jim Rosenberg as variations of the conceptual diagram, and explore wider examples in the work of contemporary visual poets, arriving at a diagrammatics that creates systems of thought from modalities of materiality, spatiality and iconography. I follow Foucault and Deleuze’s pursuit of the diagram …

Animating Potential For Intensities And Becoming In Writing: Challenging Discursively Constructed Structures And Writing Conventions In Academia Through The Use Of Storying And Other Post Qualitative Inquiries, Mary Catherine Garland

School of Law, Humanities and Social Sciences Theses

Written for everyone ever denied the opportunity of fulfilling their academic potential, this is ‘Chloe’s story’. Using composite selves, a phrase chosen to indicate multiplicities and movement, to story both the initial event leading to ‘Chloe’s’ immediate withdrawal from a Further Education college and an imaginary second chance to support her whilst at university, this Deleuzo-Guattarian (2015a) ‘assemblage’ of post qualitative inquiries offers challenge to discursively constructed structures and writing conventions in academia. Adopting a posthuman approach to theorising to shift attention towards affects and intensities always relationally in action in multiple ‘assemblages’, these inquiries aim to decentre individual ‘lecturer’ …

Emerging Contradictions In The Enforcement Of Bird Hunting Regulations In Malta, Bertie Ferns, Brian Campbell, Diogo Veríssimo

School of Law, Humanities and Social Sciences

No abstract provided.

Microplastics In The School Classrooms Of Shiraz, Iran, Sajjad Abbasi, Andrew Turner, Reza Sharifi, Mohammad Javad Nematollahi, Mehrzad Keshavarzifard, Tahereh Moghtaderi

School of Geography, Earth and Environmental Sciences

Microplastics (MPs) are a pervasive and ubiquitous environmental contaminant. However, very little information exists on the quantities or characteristics of MPs in the indoor setting. In the present study, MPs have been isolated from settled classroom dust samples collected from 50 schools in the city of Shiraz, Iran. Concentrations of MPs on a number basis ranged from about 80 to over 56,000 MP per g of dry dust and there was an increase in concentration towards the centre and southeast of the city. The geographical distribution is attributed to a larger population and student density, higher traffic loading and greater …

Geophagy And Microplastic Ingestion, Hoda Amiri, Mohammad Hoseini, Sajjad Abbasi, Mohammad Malakootian, Majid Hashemi, Neamatollah Jaafarzadeh, Andrew Turner

School of Geography, Earth and Environmental Sciences

No abstract provided.

Hypertension Alters The Function And Expression Profile Of The Peptide Cotransporters Pept1 And Pept2 In The Rodent Renal Proximal Tubule, Othman A. Alghamdi, Nicola King, Nicholas M. Andronicos, Graham L. Jones, Belal Chami, Paul K. Witting, Pierre D.J. Moens

School of Biomedical Sciences

Hypertension is a major risk factor for kidney and cardiovascular disease. The treatment of hypertensive individuals by selected ACE inhibitors and certain di-and tripeptides halts the progression of renal deterioration and extends life-span. Renal reabsorption of these low molecular weight substrates are mediated by the PEPT1 and PEPT2 cotransporters. This study aims to investigate whether hypertension and ageing affects renal PEPT cotransporters at gene, protein expression and distribution as well as function in the superficial cortex and the outer medulla of the kidney. Membrane vesicles from the brush border (BBMV) and outer medulla (OMMV) were isolated from the kidneys of …