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Articles 61 - 90 of 5397
Full-Text Articles in Entire DC Network
Bio-Adrenomedullin Predicts Death And Major Adverse Cardiovascular Events In Cardiac Amyloidosis: A Cross-Continental Multicenter Study, Maximilian L Müller, Fabian Knebel, Katrin Hahn, Janin Schulte, Birte Arlt, Oliver Hartmann, Kaitlin M S Moore, Seiji Takashio, Yasuhiro Izumiya, Joshua D Mitchell, Kenichi Tsujita, Ulf Landmesser, Bettina Heidecker
Bio-Adrenomedullin Predicts Death And Major Adverse Cardiovascular Events In Cardiac Amyloidosis: A Cross-Continental Multicenter Study, Maximilian L Müller, Fabian Knebel, Katrin Hahn, Janin Schulte, Birte Arlt, Oliver Hartmann, Kaitlin M S Moore, Seiji Takashio, Yasuhiro Izumiya, Joshua D Mitchell, Kenichi Tsujita, Ulf Landmesser, Bettina Heidecker
2020-Current year OA Pubs
BACKGROUND: Bio-ADM (bioactive adrenomedullin) is a vasoactive peptide hormone that predicts clinical outcomes in heart failure-the main driver of adverse outcomes in cardiac amyloidosis (CA). This prospective observational study sought to assess the prognostic role of bio-ADM in CA.
METHODS: Patients with CA were enrolled from amyloid centers in Germany (observation cohort), Japan, and the United States (combined validation cohort). Bio-ADM was quantified using the sphingotest bio-ADM assay. Associations of bio-ADM with all-cause death and major adverse cardiovascular events over 2 years were assessed using Kaplan-Meier and Cox regression analyses. Likelihood ratio chi-square tests for nested models evaluated whether adding …
A Cause Sprinkled With Blood: The Life Of Owen Lovejoy, Abolitionist, Pastor And Congressman, Owen Bryant Lovejoy
A Cause Sprinkled With Blood: The Life Of Owen Lovejoy, Abolitionist, Pastor And Congressman, Owen Bryant Lovejoy
Books
No abstract provided.
Anything But Endo: Diagnostic Buck-Passing In Endometriosis Diagnosis, Rita Dexter, Megan Kitts, Heather Welty, Melanie Jeske
Anything But Endo: Diagnostic Buck-Passing In Endometriosis Diagnosis, Rita Dexter, Megan Kitts, Heather Welty, Melanie Jeske
Center for Medical Ethics and Health Policy Staff Publications
People living with endometriosis, a disease in which tissue similar to the lining of the uterus grows elsewhere in the body, often experience prolonged diagnostic journeys because of symptom variability, normalisation of period pain and other symptoms, and lack of awareness of the condition. In this article, we analyse the endometriosis diagnostic journey through the lens of epistemic injustice. Drawing on in-depth interviews with 52 people living with endometriosis in the United States, we introduce the concept of diagnostic buck-passing to characterise the phenomenon wherein individuals who seek treatment for their symptoms end up stuck in a cycle of seeing …
Fading Prestige: A Comparative Analysis Of Trademark Dilution's Impact On Luxury Fashion Brands In The United States And European Union, Pravalika Surakanti
Fading Prestige: A Comparative Analysis Of Trademark Dilution's Impact On Luxury Fashion Brands In The United States And European Union, Pravalika Surakanti
IP Theory
The paper focuses on the concept of trademark dilution in relation to luxury fashion brands in international markets. Focusing on the United States and the European Union, it will look at the different approaches these regions take and how certain holdups in dilution law affect fashion companies’ global brand protection strategies. The paper looks at the application of the Federal Trademark Dilution Act, the EU Trademark Directive, and other essential laws to their respective jurisdictions’ cases to determine the trends of trademark dilution claims. It is found that both regions provide luxury fashion houses with substantial protection; however, the European …
1981, Carliss N. Chatman
1981, Carliss N. Chatman
Faculty Journal Articles and Book Chapters
42 U.S.C. § 1981 should have solved a pervasive problem in American capitalism—when white economic interests do not converge with the contract rights of Black people, they are excluded from the market in a way that causes systemic harm. This Article proposes that the failure to enforce 1981 in the past may render it more harmful than beneficial in the present climate of retrenchment. The realities of racism combine with the lack of economic interest convergence to make combatting contract inequality on a contract-by-contract basis legally precarious, nearly impossible to properly evaluate, and difficult to economically incentivize. This is in …
[Introduction To] Shakers At The Center : Manifesting Spirits & Spectacles In Nineteenth-Century America, Douglas L. Winiarski
[Introduction To] Shakers At The Center : Manifesting Spirits & Spectacles In Nineteenth-Century America, Douglas L. Winiarski
Bookshelf
Edited by Douglas WIniarski.
"Exploring the theological, social, and cultural dimensions of one of America’s most ambitious prophetic movements
The Shakers’ Era of Manifestations ranks among the most astounding events in American religious history. During the 1840s, members of the United Society of Believers in Christ’s Second Appearing embarked on an audacious project of receiving visions, revelations, and other manifestations from the spirit world and convincing both themselves and the world’s people of their reality. Gifted Shakers known as “instruments” surrendered their bodies to possessing spirits and celestial beings who, in turn, provided the Believers with an unimaginable number of …
An Insidious Interstice: Understanding Cognition And Language Behaviour Through The Eyes Of Juvenile Justice Professionals, Anne M. Perrotti, Allison T. Chappell, Tancy Vandecar-Burdin
An Insidious Interstice: Understanding Cognition And Language Behaviour Through The Eyes Of Juvenile Justice Professionals, Anne M. Perrotti, Allison T. Chappell, Tancy Vandecar-Burdin
Human Movement Studies & Special Education Faculty Publications
Introduction
Despite evidence suggesting language and cognition deficits are prevalent for justice involved youth, little research explores how juvenile justice personnel experience language and cognition behaviours in the youth they serve.
Aims
This qualitative study explored how juvenile justice personnel understand language and cognition skills and deficits in justice involved youth.
Methods
Twenty-two U.S. juvenile justice professionals participated in individual, semi-structured interviews. Questions focused on individual understanding of receptive language, expressive language, social communication, and cognition (i.e., problem-solving, predicting consequences and impulsiveness) in juveniles served. Using a phenomenological lens, transcripts were coded identifying themes and sub-themes of participant responses.
Results …
Patterns, Pressures, And Pathways : An Ethnographic Study Of Discipleship In Nepali-Speaking Immigrant Churches In The United States, Ram Kumar Budhathoki
Patterns, Pressures, And Pathways : An Ethnographic Study Of Discipleship In Nepali-Speaking Immigrant Churches In The United States, Ram Kumar Budhathoki
ATS Dissertations
No abstract provided.
How The Sui Generis Principle Has Been Historically Abused In International Law: From The British To The Israelis, Ahmad Hamdan
How The Sui Generis Principle Has Been Historically Abused In International Law: From The British To The Israelis, Ahmad Hamdan
Human Rights Brief
I. Introduction
For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law, sui generis typically refers to situations or entities that cannot easily be categorized under existing legal frameworks or conventions. Its use indicates that there is no directly applicable precedent and that, as a result, no legal principles apply; instead, the situation itself will set the precedent. While some researchers argue that …
A Wound Upon The Union: John Quincy Adams And The Treaty Of Indian Springs, Spencer Peacock
A Wound Upon The Union: John Quincy Adams And The Treaty Of Indian Springs, Spencer Peacock
Honors Theses and Capstones
This thesis examines the crisis that developed after US president John Quincy Adams signed, then disavowed (allegedly over moral concerns), the fraudulent 1825 Treaty of Indian Springs with the Creek Indian Nation. The thesis probes Adams' motives during the Treaty of Indian Springs crisis, and seeks to connect the crisis to the evolution of US federal Indian policy in the 1820s, prior to the mass Indian removal of the 1830s.
Modeling Determinants Of Significant Noncompliance In The U.S. Mining Sector: A Fixed Effects Logistic Regression Approach, Eli Johnson
Dissertations, Master's Theses and Master's Reports
This study examines environmental compliance behavior among mining facilities regulated under the U.S. Clean Water Act (CWA). Using a national quarterly panel of National Pollutant Discharge Elimination System (NPDES)-permitted mining facilities, the analysis evaluates whether local socioeconomic and demographic indicators are associated with the likelihood that a facility enters significant noncompliance (SNC) status. Facility compliance histories are compiled from the U.S. Environmental Protection Agency’s Enforcement and Compliance History Online (ECHO) database and is merged with county- and state-level socioeconomic indicators and election data. A fixed-effects logistic regression model is used to account for time-invariant facility heterogeneity. The results suggest that …
Northern Luzon In A Taiwan Flashpoint: The Philippines’ Place In U.S. Strategy, Carson Keller
Northern Luzon In A Taiwan Flashpoint: The Philippines’ Place In U.S. Strategy, Carson Keller
Graduate Theses/Dissertations
While the defense of Taiwan from a potential invasion by the People’s Republic of China (PRC) has long been a topic of debate and scrutiny in U.S. strategic thinking, the role of its southern neighbor, the Philippines, has received far less attention. This thesis argues that northern Luzon would constitute key terrain in a cross-strait conflict and may become an early target of People’s Liberation Army (PLA) operations. Its proximity to Taiwan and position along the Luzon Strait, particularly the Bashi Channel, places it at the center of efforts to control access to the hypothetical battlespace. Drawing on PLA and …
The United States' Nuclear Deterrent Outlook: Strategies, Challenges, And Future Prospects, Jonathon L. Beening
The United States' Nuclear Deterrent Outlook: Strategies, Challenges, And Future Prospects, Jonathon L. Beening
Graduate Theses/Dissertations
This study contends that the United States cannot sustain a credible nuclear deterrent through the mid-21st century without modernizing its aging nuclear arsenal and revising its nuclear doctrine to address emerging technological, geopolitical, and strategic threats posed by both near-peer adversaries and non-state actors. Through an examination of deterrence theory, historical developments, current force posture, modernization initiatives, doctrinal debates, counterarguments, and prospective geopolitical scenarios, this research assesses the adequacy of existing policies in maintaining strategic stability. The analysis concludes that credible deterrence in the coming decades will require integrated modernization, doctrinal clarity, and strategic adaptability to face any future threat …
How Historical Experiences Shaped The Italian Constitution: A Comparative Perspective With The United States, Kaitlin M. Rocca
How Historical Experiences Shaped The Italian Constitution: A Comparative Perspective With The United States, Kaitlin M. Rocca
Honors Theses and Capstones
No abstract provided.
From Aid To Looting: Justice And Sovereignty Issues In The Ukraine–U.S. Mineral Deal, Petra Gümplova
From Aid To Looting: Justice And Sovereignty Issues In The Ukraine–U.S. Mineral Deal, Petra Gümplova
Emancipations: A Journal of Critical Social Analysis
This essay identifies three central moral and political issues with the the Ukraine–U.S. Mineral Deal. First, by linking financial and military assistance to access to Ukraine’s natural resources, the deal entrenches a form of resource conditionality that is highly problematic from the moral standpoint of international justice and other ethical principles. Second, the absence of a commitment to a just peace—including the restoration of territorial integrity, reparations, and security guarantees—renders the conditions for secure, long-term investment in Ukraine’s extractive economy a distant prospect, while raising the risk that a substantial portion of Ukraine’s resource wealth unlawfully seized by Russia will …
The Impact Of Pasifikas In Medicine On Pacific Islander Medical Student Experiences, Devon Hori Harvey, Micah Ngatuvai, Siale Vaitohi, Paige E. Faasuamalie, Maegan Tupinio, Lisa H. Smith
The Impact Of Pasifikas In Medicine On Pacific Islander Medical Student Experiences, Devon Hori Harvey, Micah Ngatuvai, Siale Vaitohi, Paige E. Faasuamalie, Maegan Tupinio, Lisa H. Smith
Student Papers, Posters & Projects
BACKGROUND: Pacific Islanders experience significant health disparities. One contributing aspect to these disparities is the lack of racial concordance as Pacific Islanders are underrepresented in the U.S. physician work force. Several factors contribute to this underrepresentation including lack of support systems for Pacific Islander premed and medical students. Pasifikas in Medicine (PiM) is a recently established national student organization founded to provide support for Pacific Islander premed students, medical students, residents, fellows and attending physicians. This study seeks to understand the impact of PiM on medical student experiences.
METHODS: An anonymous survey was distributed to the PiM listserv and to …
Star Wars And Gender In 1980s America, Melissa Ulmer
Star Wars And Gender In 1980s America, Melissa Ulmer
Rushton Journal of Undergraduate Humanities Research
This research paper examines the role of gender in the franchise Star Wars. With the first installment of the trilogy released in 1977, many expected this film would turn out like many before. However, the world that George Lucas created was an instant hit and continues to be today. This paper focuses on how the franchise was set apart from other science fiction films based on a defiance of typical gender roles that were prevalent in the late twentieth century, specifically focusing on the two leading roles, Luke Skywalker and Leia Organa, and employing analysis of the films, cast …
A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues
2025 Fall Honors Capstones Projects - Archive
Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …
Leaving The Fold: Young Adult Disaffiliation From Protestantism In Political And Cultural Context, Kimberly S. Johnson
Leaving The Fold: Young Adult Disaffiliation From Protestantism In Political And Cultural Context, Kimberly S. Johnson
Doctoral Dissertations and Projects
This study investigated the lived experiences of young adults who have disaffiliated from a Protestant church, focusing on political, national, and religious dynamics, including reflections on Christian Nationalism. The study also examines how these meaning-making processes informed participants’ retrospective accounts of disaffiliation. Building on the quantitative research that has dominated prior studies, this study employed interpretative phenomenological analysis to investigate how encounters with Christian Nationalism have shaped perceptions of organized religion. The study’s ten participants ranged in age from 21 to 29 years old and identified as having been part of the Protestant Church prior to disaffiliating from organized religion. …
Representation In Science And Trust In Scientists In The Usa, James Druckman, Katherine Ognyanova, Alauna Safarpour, Jonathan Schulman, Kristin Lunz Trujillo, Ata Aydin Uslu, Jon Green, Matthew Baum, Alexi Quintana Mathe, Hong Qu, Roy Perlis, David Lazer
Representation In Science And Trust In Scientists In The Usa, James Druckman, Katherine Ognyanova, Alauna Safarpour, Jonathan Schulman, Kristin Lunz Trujillo, Ata Aydin Uslu, Jon Green, Matthew Baum, Alexi Quintana Mathe, Hong Qu, Roy Perlis, David Lazer
Political Science Faculty Publications
Scientists provide important information to the public. Whether that information influences decision-making depends on trust. In the USA, gaps in trust in scientists have been stable for 50 years: women, Black people, rural residents, religious people, less educated people and people with lower economic status express less trust than their counterparts (who are more represented among scientists). Here the authors probe the factors that influence trust. They find that members of the less trusting groups exhibit greater trust in scientists who share their characteristics (for example, women trust women scientists more than men scientists). They view such scientists as having …
Knowing One's Place At The Table: Taste As A Means Of Othering In The American Colonies, 1700-1775, Nicholas Harp
Knowing One's Place At The Table: Taste As A Means Of Othering In The American Colonies, 1700-1775, Nicholas Harp
Master's Theses or Doctor of Nursing Practice
This thesis began as an inquiry into a simple question. How did people in the American colonies talk about the food that they ate? This question led to a fascinating look into the social dynamics of the people living in eighteenth century America. Their own personal writings demonstrate how they understood their place in society through the food that they ate. Moreover, they often wrote about the way that other people ate in ways that alienated or discriminated against different ethnic groups. A look into the secondary historiography revealed that other historians had noticed this trend. However, very few addressed …
The Civic Oath At Saint-Lazare, 1790, John E. Rybolt C.M.
The Civic Oath At Saint-Lazare, 1790, John E. Rybolt C.M.
Vincentian Studies
This study presents the French text, English translation, historical context, and a brief analysis of the speech given at Saint-Lazare on the civic oath-taking in support of the 1790 revolutionary government in France, which every adult citizen had to do publicly. At Saint-Lazare, a group of Vincentians and their neighbors assembled in the motherhouse’s chapel for the oath. This very rare and virtually unknown document is in Richardson Library’s special collections at DePaul University in Chicago. Oath-taking was a way of replacing royal legal authority before assemblies of citizens had been formed. By the time of this oath on 7 …
Three Additional Texts From Felix De Andreis, John E. Rybolt C.M.
Three Additional Texts From Felix De Andreis, John E. Rybolt C.M.
Vincentian Studies
Three texts add to our knowledge of the work of Felix De Andreis (1778–1820), the founding superior of the Congregation of the Mission in the United States. These have recently come to light. Two are originals, and the third is a copy. They are given in the original languages and in English, with introduction and commentary. The first is an “Indian grammar” with the Lord’s Prayer and catechism by Felix De Andreis, written circa 1817. According to David J. Costa, a scholar in Native American linguistics, it “provide[s] us with the only source of data that is clearly transitional between …
Louis William Valentine Dubourg: His First Years As Bishop Of Louisiana, John E. Rybolt C.M.
Louis William Valentine Dubourg: His First Years As Bishop Of Louisiana, John E. Rybolt C.M.
Vincentian Studies
Louis William Valentine Dubourg, a priest of the Society of Saint Sulpice, invited the Vincentians to establish a seminary for his diocese of Louisiana. Part of his fundraising efforts to support these and other works was this booklet, The Notice sur l’état actuel de la Mission de la Louisiane (Notice Concerning the Current State of the Mission of Louisiana). Printed in 1820, it circulated widely in Europe and was corrected, updated, and reprinted twice in 1822. Transcriptions given here illuminate differences between the editions. The booklet’s author is anonymous but is probably Charles de la Croix, the bishop’s secretary. The …
Trump’S Lasting Impact On The U.S. Presidency, Imer Kj Cespedes-Alvarado
Trump’S Lasting Impact On The U.S. Presidency, Imer Kj Cespedes-Alvarado
Political Science Student Research
The first presidency of Donald J. Trump had a lasting impact on the American Presidency, expanding executive power through robust assertions of constitutional power, unconventional communications, and an unprecedented disregard for political norms. The two terms further blurred the line between governance and personal branding, cultivating this new model of leadership that depends on constant public exposure and polarization among the American people. This research examines how Trump's executive power and political tactics during both of his presidencies redefined expectations of presidential behavior and accountability by consolidating executive authority, reorganizing federal institutions, and placing even greater emphasis on loyalty and …
Risk Of Late-Onset Depression In Long-Term Survivors Of Breast, Prostate, And Colorectal Cancer, Melissa Taylor, Sarah Westvold, Jessica Long, Terry Hyslop, Andrea Silber, Rebecca Forman, Faiza Yasin, Tendai Kwaramba, Shi-Yi Wang, Michael Leapman, Michael Cecchini, Ira Leeds, Lisa Spees, Stephanie Wheeler, Cary Gross, Kevin Oeffinger, Michaela Dinan
Risk Of Late-Onset Depression In Long-Term Survivors Of Breast, Prostate, And Colorectal Cancer, Melissa Taylor, Sarah Westvold, Jessica Long, Terry Hyslop, Andrea Silber, Rebecca Forman, Faiza Yasin, Tendai Kwaramba, Shi-Yi Wang, Michael Leapman, Michael Cecchini, Ira Leeds, Lisa Spees, Stephanie Wheeler, Cary Gross, Kevin Oeffinger, Michaela Dinan
Kimmel Cancer Center Faculty Papers
IMPORTANCE: The prevalence of depression is higher in cancer survivors than in the general population. As the long-term cancer survivor population increases, it is increasingly important to understand risk factors for late-onset depression.
OBJECTIVE: To identify risk factors associated with late-onset depression in long-term (5-year) survivors of breast, prostate, or colorectal cancer.
DESIGN, SETTING, AND PARTICIPANTS: This retrospective cohort study used 2022 linkage of Surveillance, Epidemiology, and End Results (SEER) and Medicare data to identify 5-year survivors of breast, prostate, or colorectal cancer 66 years or older who were enrolled in fee-for-service Medicare and had no previous depression diagnosis. Long-term …
Exploring The Future Of Occupational Safety Research: A Strategic Foresight Approach, Jessica M K Streit, Sarah A Felknor, Nicole T Edwards, John J Howard
Exploring The Future Of Occupational Safety Research: A Strategic Foresight Approach, Jessica M K Streit, Sarah A Felknor, Nicole T Edwards, John J Howard
Faculty, Staff and Student Publications
A team from the U.S. National Institute for Occupational Safety and Health conducted a strategic foresight project to explore the future of occupational safety research (OSR). Data collected via systematic horizon scanning and key informant interviews were synthesized into six drivers of OSR change: (1) technological advancement, (2) partnerships and public trust, (3) prioritizing research investments, (4) safety and health integration, (5) data and science quality, and (6) worker protections. These drivers served as the basis for envisioning four potential OSR futures. Analysis of the resulting scenarios identified opportunities to enhance and advance OSR methods and approaches, innovation, systems thinking, …
Nationalism And Anglo-American Neo-Colonialism In Southeast Asia, 1945-1965, Wen-Qing (Wei Wenqing) Ngoei
Nationalism And Anglo-American Neo-Colonialism In Southeast Asia, 1945-1965, Wen-Qing (Wei Wenqing) Ngoei
Research Collection College of Integrative Studies
It is tempting to treat the United States’ ill-fated military intervention in Vietnam in the 1960s as the desperate final gasp of a moribund Western imperial system. Certainly, scholars have described Washington’s military debacle in Vietnam as the end of America’s “short-lived empire” in Southeast Asia, emblematic of the broader, decisive triumph of Southeast Asian nationalism over western colonialism. This reading of Southeast Asian countries attaining formal independence after 1945, with tacit assumptions that colonialism and nationalism exist in binary opposition, tends to ossify when the region’s history is viewed through the lens of U.S. defeat in Vietnam.
In contrast, …
High Risk Of Persistence And Risk Of Dysplasia After Diagnosis Of Ultrashort Barrett's Esophagus, Wasseem Skef, Jasmine Haydel, Ashwin Rao, Ronan Allencherril, Rollin George, Gyanprakash A Ketwaroo, Aaron P Thrift, Hashem B El-Serag, Theresa Nguyen Wenker
High Risk Of Persistence And Risk Of Dysplasia After Diagnosis Of Ultrashort Barrett's Esophagus, Wasseem Skef, Jasmine Haydel, Ashwin Rao, Ronan Allencherril, Rollin George, Gyanprakash A Ketwaroo, Aaron P Thrift, Hashem B El-Serag, Theresa Nguyen Wenker
Faculty, Staff and Students Publications
Introduction: The management of ultrashort (< 1 cm) Barrett's esophagus (BE) remains unclear. We aimed to determine the prevalence of ultrashort BE (USBE) at index diagnosis, identify factors associated with persistent BE after USBE diagnosis, and identify risk of dysplasia after initial USBE in a population of US veterans.
Methods: This was a retrospective cohort study at the Veterans Affairs hospital in Houston, TX, of consecutive patients with new BE diagnosis from November 1990 to June 2022 with follow-up through April 2023. Using a pathology database, we identified patients with a new USBE diagnosis and any subsequent follow-up esophagogastroduodenoscopy (EGD). We examined the association of sociodemographic and clinical risk factors of persistent USBE cohort compared with longer-length segment BE and those with a negative follow-up EGD after index USBE with χ 2 tests and logistic regression models. Last, we calculated the prevalence and …
The Implications Of Pulsifer V. United States For The Interpretation Of Criminal Statutes, Aparajita (Pj) Das
The Implications Of Pulsifer V. United States For The Interpretation Of Criminal Statutes, Aparajita (Pj) Das
San Diego Law Review
All signs in Pulsifer point to considerable discretion for courts, all while operating within the confines of statutory text. For one, the opinion indicates that courts can override the text of a statute if the context so demands. The Court’s rejection of lenity also confirms this trend in two ways. It highlights the Court’s inconsistent approach when it comes to requiring the legislature to speak clearly. It also confirms that the threshold of ambiguity required to trigger lenity continues to be a high one, thus allowing judges to selectively apply the canon, even when a split in the Court demonstrates …