Digital Commons Network^™

Clinical Factors Implicated In Antibiotic Resistance In Helicobacter Pylori Patients, Brian White, Maria Winte, Joshua Desipio, Sangita Phadtare

Division of Internal Medicine Faculty Papers & Presentations

Helicobacter pylori is a common gastric pathogen associated with multiple clinical syndromes, including cancer. Eradication rates of H. pylori remain suboptimal despite the progress made in the past few decades in improving treatment strategies. The low eradication rates are mainly driven by antibiotic resistance of H. pylori. Non-invasive molecular testing to identify patients with antibiotic-resistant H. py-lori represents a promising therapeutic avenue, however this technology currently remains limited by availability, costs, and lack of robust validation. Moreover, there is insufficient evidence to demonstrate that resistance-testing-based treatment approaches are superior to appropriately designed empiric strat-egies. Consensus guidelines recommend use of proven …

Question 1: Dinosaur Killer Crater; Question 2: Graduation Speeches, Larry Weinstein

Physics Faculty Publications

The Fermi Questions: In 2003, the "Dinosaur Killer" asteroid crater was imaged for the first time (see National Geographic News, March 7, 2003). The crater is believed to be 100 km in radius and 1 km deep. What was the kinetic energy of the asteroid that made the crater? Express your answer in joules and in megatons (1 MT = 4 ·10 J).

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 …

The Atlantic Surfclam Fishery And Offshore Wind Energy Development: 2. Assessing Economic Impacts, Andrew M. Scheld, Jennifer Beckensteiner, Daphne M. Munroe, Eric N. Powell, Sarah Borsetti, Eileen E. Hofmann, John M. Klinck

CCPO Publications

The Atlantic surfclam (Spisula solidissima) fishery generates approximately USD 30 million in landings revenues annually, distributed across ports throughout the US Mid-Atlantic and Northeast. Overlap between areas of Atlantic surfclam harvests and offshore wind energy leasing make the fishery vulnerable to exclusion and effort displacement as development expands in the region. An existing integrated bioeconomic agent-based model, including spatial dynamics in Atlantic surfclam stock biology, heterogeneous captain behaviour, and federal management processes, was extended to incorporate costs and revenues for fishing vessels and processors and used to evaluate the potential economic effects of offshore wind development on the …

The Atlantic Surfclam Fishery And Offshore Wind Energy Development: 1. Model Development And Verification, Daphne M. Munroe, Eric N. Powell, John M. Klinck, Andrew M. Scheld, Sarah Borsetti, Jennifer Beckensteiner, Eileen E. Hofmann

CCPO Publications

Competing pressures imposed by climate-related warming and offshore development have created a need for quantitative approaches that anticipate fisheries responses to these challenges. This study used a spatially explicit, ecological-economic agent-based model integrating dynamics associated with Atlantic surfclam stock biology, decision-making behavior of fishing vessel captains, and fishing fleet behavior to simulate stock biomass, and fishing vessel catch, effort and landings. Simulations were implemented using contemporary Atlantic surfclam stock distributions and characteristics of the surfclam fishing fleet. Simulated distribution of fishable surfclam biomass was determined by a spatially varying mortality rate, fishing by the fleet was controlled by captain decisions …

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, …

Crime And The Corporation: Making The Punishment Fit The Corporation, John C. Coffee Jr.

Faculty Scholarship

The debate over corporate criminal liability has long involved a fight between proponents who argue that corporate liability is necessary for effective deterrence and opponents who claim that it “punishes the innocent.” This Article agrees and disagrees with both sides. Corporate criminal liability could play a critical role in establishing an effective deterrent to organizational misconduct, but today it largely fails. Currently, we have a system that combines Deferred Prosecution Agreements, Non-Prosecution Agreements, and extraordinarily generous sentencing credits for compliance plans that have failed, and the result is a system that is more carrots than sticks. The evidence seems clear …

Floors And Ceilings In International Copyright Treaties: Berne/Trips/Wct Minima And Maxima, Jane C. Ginsburg

Faculty Scholarship

This paper addresses “floors” – minimum substantive international protections, and “ceilings” – maximum substantive international protections, set out in the Berne Convention and subsequent multilateral copyright accords. While much scholarship has addressed Berne minima, the “maxima” have generally received less attention. This Comment first describes the general structure of the Berne Convention, TRIPS and WCT regarding these contours, and then analyzes their application to the recent “press publishers’ right” promulgated in the 2019 EU Digital Single Market Directive. Within the universe of multilateral copyright obligations, the Berne maxima (prohibition of protection for facts and news of the day), buttressed by …

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 …

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 …

Permitting Seaweed Cultivation For Carbon Sequestration In California: Barriers And Recommendations, Korey Silverman-Roati, Romany M. Webb, Michael B. Gerrard

Faculty Scholarship

Interest is growing in seaweed cultivation and sequestration as a carbon dioxide removal strategy. This white paper explores the barriers to seaweed permitting for carbon sequestration in California, including a complex, costly, and time-consuming lease and permitting process. Other states in the U.S., namely Maine and Alaska, have permitting systems designed to be more supportive of seaweed cultivation. This paper describes the legal framework for seaweed cultivation permitting in California and discusses the permitting systems in Maine and Alaska. The paper then explores possible reforms to streamline California’s permitting process, while maintaining appropriate environmental and other safeguards.

Resetting The Foundations: Renewing Freedom Of Expression Under Section S.2(B) Of The Charter, Jamie Cameron

Articles & Book Chapters

The 40^th anniversary of the Canadian Charter of Rights and Freedoms on April 17, 2022 is a time for reckoning, and an opportunity to ready s.2’s fundamental freedoms for the future. In particular, this article offers a moment of pause to invest in s.2(b)’s guarantee of expressive freedom and its renewal. The discussion begins by addressing s.2(b)’s “fault lines”, which are embedded in the jurisprudence at both stages of the analysis – breach as well as justification. What then follows is a proposal for renewal that begins, under s.2(b), with a theory or principle of freedom and a revised …

A Theory Of Constitutional Norms, Ashraf Ahmed

Faculty Scholarship

The political convulsions of the past decade have fueled acute interest in constitutional norms or “conventions.” Despite intense scholarly attention, existing accounts are incomplete and do not answer at least one or more of three major questions: (1) What must all constitutional norms do? (2) What makes them conventional? (3) And why are they constitutional?

This Article advances an original theory of constitutional norms that answers these questions. First, it defines them and explains their general character: they are normative, contingent, and arbitrary practices that implement constitutional text and principle. Most scholars have foregone examining how norms are conventional or …

Removing Carbon Dioxide Through Ocean Fertilization: Legal Challenges And Opportunities, Korey Silverman-Roati, Romany M. Webb, Michael Gerrard

Faculty Scholarship

Carbon dioxide removal (“CDR”) will be needed, alongside deep emissions cuts, to achieve global temperature goals. According to a 2022 report by the Intergovernmental Panel on Climate Change, to keep global average temperatures within 1.5°C above preindustrial levels, carbon dioxide and other greenhouse gas emissions must reach net-zero by mid-century. Scientists have proposed a number of land- and ocean-based CDR techniques. This paper focuses on ocean fertilization, which involves adding iron or other nutrients to the ocean to stimulate the growth of phytoplankton that uptake carbon dioxide and convert it into organic carbon. The hope is that the organic carbon …

The Banker Removal Power, Da Lin, Lev Menand

Faculty Scholarship

The Federal Reserve (“the Fed”) can remove bankers from office if they violate the law, engage in unsafe or unsound practices, or breach their fiduciary duties. The Fed, however, has used this power so rarely that few even realize it exists. Although major U.S. banks have admitted to repeated and flagrant lawbreaking in recent years, the Fed has never removed a senior executive from one of these institutions.

This Article offers the first comprehensive account of the banker removal power. It makes four contributions. First, drawing on a range of primary sources, it recovers the power’s statutory foundations, showing that …

Removing Carbon Dioxide Through Artificial Upwelling And Downwelling: Legal Challenges And Opportunities, Romany M. Webb, Korey Silverman-Roati, Michael B. Gerrard

Faculty Scholarship

A 2022 report by the Intergovernmental Panel on Climate Change warned that, to keep global average temperatures within 1.5oC above pre-industrial levels, emissions must reach net-zero by mid-century. The report concluded that achieving net-zero emissions will require the removal of carbon dioxide from the atmosphere “to counterbalance hard-to-abate emissions” from sectors like agriculture, aviation, and shipping. The report further noted that, if deployed at large scales, carbon dioxide removal (“CDR”) could also be used to achieve net negative emissions and thus effectively reduce the atmospheric concentration of carbon dioxide.

A variety of CDR techniques, both terrestrial and ocean-based, have been …

Modular Legal Learning: Revitalizing The Law Classroom, David Sandomierski, Stephanie Ben-Ishai

Articles & Book Chapters

The targeted and strategic use of asynchronous learning materials can free up important space for classroom teaching, and can unlock the spirit of experimentation, innovation, and engagement that animates in-person learning. This article sets out five principles that should guide future efforts to integrate asynchronous modules into legal education. Modules should be designed to supplement, not substitute, the live classroom; they should deliver content but also stimulate reflection, critique, and contextualization; they should be varied with respect to their subject matter; theoretical underpinnings, and pedagogical approach; professors should be able to easily customize their selections; and they should encourage collaboration …

Deciphering The Microbiome: Integrating Theory, New Technologies, And Inclusive Science, Kathryn C. Milligan-Mcclellan, José Pablo Dundore-Arias, Jonathan L. Klassen, Ashley Shade, Linda L. Kinkel, Benjamin E. Wolfe

Biology, Agriculture and Chemistry Faculty Publications and Presentations

The diversity and functional significance of microbiomes have become increasingly clear through the extensive sampling of Earth's many habitats and the rapid adoption of new sequencing technologies. However, much remains unknown about what makes a “healthy” microbiome, how to restore a disrupted microbiome, and how microbiomes assemble. In December 2019, we convened a workshop that focused on how to identify potential “rules of life” that govern microbiome structure and function. This collection of mSystems Perspective pieces reflects many of the main challenges and opportunities in the field identified by both in-person and virtual workshop participants. By borrowing conceptual and theoretical …

Environmental Dna Metabarcoding Is A Promising Method For Assaying Fish Diversity In Cenotes Of The Yucatán Peninsula, Mexico, S. Elizabeth Alter, Jairo Arroyave

Biology, Agriculture and Chemistry Faculty Publications and Presentations

The karst aquifer of the Yucatán Peninsula (YP) in southeastern Mexico is a unique ecosystem in which water-filled sinkholes, locally known as cenotes, connect subterranean waters with the surface. This system is home to around 20 species of freshwater fishes, including several that are endemic and/or threatened. Studies on this unique ichthyofauna have been partially hampered by the technical difficulties associated with sampling these habitats, particularly submerged caves. In this proof-of-concept study, we use environmental DNA (eDNA) metabarcoding to survey the diversity of freshwater fishes associated with the YP karst aquifer by sampling six cenotes from across the Ring of …

Composted Sewage Sludge Application In A Sugarcane Seedling Nursery: Crop Nutritional Status, Productivity, And Technological Quality Implications, Rafael Dos Santos Silva, Arshad Jalal, Raimunda Eliane Nascimento Do Nascimento, Nathércia Castro Elias, Karen Cossi Kawakami, Cassio Hamilton Abreu-Junior, Fernando Carvalho Oliveira, Arun Dilipkumar Jani, Zhenli He, Fengliang Zhao, Marcelo Carvalho Minhoto Teixeira Filho, Raffaella Rossetto, Gian Franco Capra, Thiago Assis Rodrigues Nogueira

Biology, Agriculture and Chemistry Faculty Publications and Presentations

Composted sewage sludge (CSS) contains large amounts of organic matter and nutrients and can be used as an organic fertilizer to improve growth, yield, and quality of sugarcane. However, there is a lack of information regarding the impact of CSS application on sugarcane seedling performance in nursery environments. A field study was conducted using a randomized complete block design to evaluate the development, nutritional status, productivity, and technological quality of sugarcane seedlings after CSS application with or without mineral fertilizer. Morphological variables (stem height, diameter, and number, as well as leaf area), technological attributes (total recoverable sugar: ATR; quantity of …

Making Space For Online Research Experiments In Law School Courses, Hilary Evans Cameron, Sean Rehaag

Articles & Book Chapters

This reflective article explores opportunities for integrating online research experiments into large law school courses. It does so by drawing on the experience of the authors with an online research experiment involving simulated refugee adjudication undertaken with the full cohort of 1L students in a Canadian faculty of law. The article describes the context for the research, sets out the lessons that the authors learned about conducting experimental research, and describes the positive feedback provided by student participants. The article concludes with a recommendation by the authors that other legal scholars consider integrating research experiments into law school courses, both …

Discriminatory Taint, Kerrel Murray

Faculty Scholarship

The truism that history matters can hide complexities. Consider the idea of problematic policy lineages. When may we call a policy the progeny of an earlier, discriminatory policy, especially if the policies diverge in design and designer? Does such a relationship condemn the later policy for all times and purposes, or can a later decisionmaker escape the past? It is an old problem, but its resolution hardly seems impending. Just recently, Supreme Court cases have confronted this fact pattern across subject matters as diverse as entry restrictions, nonunanimous juries, and redistricting, among others. Majority opinions seem unsure whether or why …

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 …

Adaptive Memory: Richness Of Encoding As A Possible Underlying Mechanism Of The Threat Effect, Anthony Hall

UNF Graduate Theses and Dissertations

In recent years, a growing body of research suggests that the human memory system has adapted to recall information that would have been vital to our ancestors’ survival. One area of importance is animacy, where animate objects are better remembered than inanimate ones. From the study of animacy a new area of interest came about; perceived threat of stimuli. It was suggested that some of the stimuli used in previous research could be perceived as more threatening than others which could be a potential confound. This research lead to a potentially new phenomenon, the threat effect, which suggests that threatening …

Measuring Vegetation Density In Marsh Grass Photographs Using Convolutional Neural Networks, Lucas W. Welch

UNF Graduate Theses and Dissertations

A marsh is a wetland dominated by various species of grasses rather than trees. It supports an important ecosystem, providing habitats for many kinds of animals and posing a crucial impact on coastal climates. Marshes are rapidly changing, and it is vital for scientists to track these changes to understand the health of them. To do so, biologists perform vegetation monitoring to estimate the coverage of vegetation in an area of marsh. This task often calls for extensive human labor carefully examining pixels in photos of marsh sites to calculate vegetation density for a variety of marsh grass species. This …

Investigating Changes In Trends Of Traffic Crashes Due To Covid-19 Pandemic In Florida’S Freeways, Ntagwanko Kisabanzira

UNF Graduate Theses and Dissertations

The COVID-19 pandemic outbreak caused a shift in traffic patterns that have in turn influenced a change in traffic accident trends. Due to stay-at-home orders that were issued across the United States, transportation agencies reported low traffic demands on highways after the pandemic outbreak. Low traffic volumes are associated with relatively higher speeds that are linked to increased severity of crashes. Several states reported an increase in fatal crashes after the outbreak of the COVID-19 pandemic. This paper evaluates the traffic crash trends on three interstates in Florida (I-10, I-75, and I-95) and sheds light on what happened before, during, …

The Effect Of Visitor Density And Interaction On The Behavior Of Four Ray Species (Hypanus Sabina, Hypanus Say, Pseudobatos Lentiginosus, And Rhinoptera Bonasus) Housed In An Aquatic Touch Pool, Aimee Marie Little

UNF Graduate Theses and Dissertations

Human-Animal Interactions (HAI) in zoological institutions are thought to be important in helping visitors to establish a connection with animals and thus making them more likely to contribute to conservation efforts. However, animals can respond to visitor interaction in both negative and positive ways. The growing focus on animal welfare in zoological institutions emphasizes the need for assessing different environmental inputs, including visitor interaction, and how these inputs influence behavioral outputs associated with welfare. A touch pool exhibit presents a novel interactive experience that allows visitors to directly interact with various aquatic species, including elasmobranchs, whose conservation has important implications …

Effects Of Environmental And Anthropogenic Factors On Loggerhead Sea Turtle (Caretta Caretta) False Crawl Rates On Jekyll Island, Ga, Brittany Byrd

UNF Graduate Theses and Dissertations

Loggerhead sea turtles (Caretta caretta) are currently listed as “vulnerable” on the IUCN Red List and are experiencing population declines across many parts of their range. These declines are caused by environmental and anthropogenic stressors which impact sea turtle ecology and behavior, including nesting behavior. One nesting behavior sea turtles exhibit is known as “false crawling,” which is when a female sea turtle ascends the beach in an attempt to nest and either abandons the attempt altogether or while in the middle of digging an egg chamber. False crawling, a largely understudied sea turtle behavior, can not only …

Incorporating Recess Into The Ecosystem Of The School, Ellen Wheeler

UNF Graduate Theses and Dissertations

Unstructured outdoor play is critical to a child’s healthy development. Often the only outdoor unstructured play opportunities occur during recess. Unstructured play and recess are supported as childhood necessities and human rights by the American Pediatric Association and the United Nations Convention on the Rights of a Child. These pronouncements and grass roots support have fueled the creation of legislation that requires recess during the elementary school day. As of 2022, Florida was one of 10 states enacting legislation requiring recess. However, the maximization of the recess experience is largely dependent on the quality of the space and facilities that …

A Roadmap For Using The Gri For Societal Impact Reporting, Brett Crawford, Chandresh Baid

Seidman Business Review

No abstract provided.