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Court Review: Journal Of The American Judges Association, Vol. 59, No. 3, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

Judicial Discipline, Examining Ethics Oversight for the Highest Levels of Our Least Accountable Branch; David Prince

Civil Cases in the Supreme Court’s October Term 2022; Thomas M. Fisher

Departments

Editor’s Note; David Dreyer

President’s Column: A Legacy of Leadership and Service; Yvette Mansfield Alexander

Thoughts from Canada: Uttering Threats in Canada and the United States, a Comparative Analysis; Wayne K. Gorman

Crossword: Name That Games; Tracy Bennett and Vic Fleming

The Resource Page: Junk Science and the Judicial System; The Elevator Effect; Mindfulness and Judging: Resources for Judges; New Online Database: Judges and the Judiciary: Exploring America's Court System; …

A Critical Race Critique Of Campus Climate And Belonging For First-Generation Students Of Color At Historically Black Colleges & Predominately White Institutions, Samantha Gale Aaron

Master's Theses and Doctoral Dissertations

The purpose of this research is to assess whether and how higher education campus climate, policy, and practice influence belonging for first-generation students of color. Through the lens of critical race theory, the study further juxtaposes those experiences through the testimony of students at predominantly White institutions (PWIs) and historically Black colleges and universities (HBCUs). Grounded theory informed my qualitative survey and interview tools through which I examined belonging through three standards: social, which explored belonging through peers, groups, and the environment; personal, which explored belonging through the respondent’s thoughts, feelings, and emotions; and institutional, which explored belonging through practice, …

Whose Morals, Exactly? A Critical Evaluation Of The Uk Law Of Obscenity Through A Human Rights Lens, Jake Aston

Plymouth Law Review

No abstract provided.

Analysing M. Abscessus-Macrophage Interactions And Investigating Treatments For M. Abscessus And S. Aureus Intracellular Bacterial Infections, Using A Continuously Growing, Primary Cell Model Of Lung Alveolar Macrophages, Sean Kelly

School of Biomedical Sciences Theses

INTRODUCTION - Mycobacterium abscessus (MAB) and Staphylococcus aureus (SA) are bacterial pathogens capable of causing a range of infections in humans, and pulmonary infections are significant amongst them. During pulmonary infection, alveolar macrophages (AMs), as sentinel immune cells of the airways, are key cells for the recognition of these invaders, and they are central to activating and orchestrating the host immune responses aimed at eliminating these pathogens. Consequently, these cells are also fundamental mediators of the exaggerated inflammatory responses that characterise infection-associated lung disease.MAB and SA are renowned for their multi-drug resistance and they both have an ability to cause …

An Analysis Of Department Of The Air Force Bird Strikes And Precipitation, Jason Powell Mas, Cfmei, Atp

International Journal of Aviation, Aeronautics, and Aerospace

This study explored the relationship between precipitation, the amount of time between precipitation events, bird strike risk, and the agricultural zone related to Department of the Air Force (DAF) aircraft operations. Certain bird species demonstrated a relationship between agricultural zones, precipitation, and length of time after a precipitation event and when an aircraft strike occurred. The types and frequency of bird strikes depend highly on the region and species struck. The Poisson regression revealed Cathartiformes as significantly struck by the DAF aircraft more often and can be predicted based on agricultural zone and precipitation. A binary regression did not demonstrate …

The Chicken That Sat Me Down:A Reflection Of My Journey Into Law, Chloe Giacalone

Plymouth Law Review

No abstract provided.

A Farmer's Transition To Law, Florence Hawker

Plymouth Law Review

No abstract provided.

About The Authors, Nchc Monograph Series, Publications Order Form, Back Cover

Honors in Practice Online Archive

No abstract provided.

Annual Report Of The Selectmen/Auditors, Town Clerk/Tax Collector, Town Treasurer, Road Agent/Trustees Of The Trust Funds, Trustees Of The Library, Planning Board, Police And Fire Departments, Board Of Education, Town Of Hampstead, New Hampshire For The Year Ending December 31, 2022, Together With The Vital Statistics For The Year As Prepared By The Town Clerk, Hampstead Town Representatives

Hampstead, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Catch And Release Jurisdiction, Adam B. Sopko

Michigan Law Review Online

In Catch and Kill Jurisdiction, Professor Zachary Clopton sheds light on an increasingly common phenomenon in which federal courts are expanding the power of the federal judiciary in a way that frustrates the enforcement of substantive rights. Federal courts expansively interpret their jurisdiction to reach cases that arguably belong in state court, then apply federal procedural doctrines to dismiss the cases on non-merits grounds. First catch, then kill. Clopton argues we find catch and kills when the federal court system is not overly burdened and in areas where federal judges are “hostile” to a class of claims or litigants. Catch …

Residents Against Housing: A Response To Professor Infranca’S ‘Differentiating Exclusionary Tendencies’, Lee Anne Fennell

Articles

Incumbent residents routinely oppose residential development.¹ Interestingly, this is true of both homeowners and renters, if for opposite reasons. Homeowners typically worry that new housing will cause the market value of their own homes to fall, resulting in a hit to what is usually a house-heavy personal wealth portfolio.² Tenants typically worry that new housing will cause the market value of their own homes to rise, generating pressure toward higher rents and displacement.³ Both homeowners and tenants also express concern that new housing development will change the character of their neighborhoods in unwanted ways.⁴

Resident opposition …

State International Agreements: The United States, Canada, And Constitutional Evolution, Curtis A. Bradley

Articles

The text of the US Constitution appears to require that individual states, to the extent that they are ever allowed to conclude agreements with foreign governments, must obtain congressional approval. In practice, however, states conclude many agreements with foreign governments, including with Canada and its provinces, and they almost never seek congressional approval. This practice is an illustration of both the importance of federalism in US foreign relations and the significant role played by historical practice in informing US constitutional interpretation. The phenomenon of state international agreements assumed new prominence in 2019 when the Trump administration sued to challenge a …

Coordinated Rulemaking And Cooperative Federalism’S Administrative Law, Bridget A. Fahey

Articles

“Cooperative federalism” is not just a model of federalism; it is a model of administration. From health care to air quality to emergency management, transportation, immigration, national security, and more, cooperative federalism is the regulatory model of choice. But scholars have yet to conceptualize a cooperative administrative law for cooperative federalism. As this Article shows, however, federal and state bureaucracies have devised intricate strategies for coordinating their implementation of the programs they jointly administer.

The Article begins to elaborate cooperative federalism’s unseen administrative apparatus by focusing on its distinctive form of legislative rulemaking, the workhorse of administrative law. I show …

“Why You Always So Political?”: A Counterstory About Educational-Environmental Racism At A Predominantly White University, Martín Alberto Gonzalez

Chicano/Latino Studies Faculty Publications and Presentations

Using critical race counterstorytelling, I tell a story about the experiences of Mexican/Mexican American/Xicanx (MMAX) undergraduate students at private, historically and predominantly white university in the Northeast. Drawing on in-depth interviews, participant observations, pláticas, document analyses, and literature on race and space and racism in higher education, I argue that the racially hostile campus environment experienced by MMAX students at their respective university manifests itself as a form of educational-environmental racism. Through narrated dialogue, Aurora (a composite character) and I delve into a critical conversation about how educational-environmental racism is experienced by MMAX students through a racialized landscape in the …

Thomas Ted - Callison College One Pager, Ted Thomas

Callison College and School of International Studies

No abstract provided.

Nckri Symposium 9: Proceedings Of The 17th Multidisciplinary Conference On Sinkholes And The Engineering And Environmental Impacts Of Karst Full Proceedings, Nckri

Sinkhole Conference 2023

No abstract provided.

“Nutrition Facts Labels” For Artificial Intelligence/Machine Learning-Based Medical Devices—The Urgent Need For Labeling Standards, Sara Gerke

Faculty Scholarly Works

Artificial Intelligence (“AI”), particularly its subset Machine Learning (“ML”), is quickly entering medical practice. The U.S. Food and Drug Administration (“FDA”) has already cleared or approved more than 520 AI/ ML-based medical devices, and many more devices are in the research and development pipeline. AI/ML-based medical devices are not only used in clinics by health care providers but are also increasingly offered directly to consumers for use, such as apps and wearables. Despite their tremendous potential for improving health care, AI/ML-based medical devices also raise many regulatory issues.

This Article focuses on one issue that has not received sustained attention …

Cross And Crown™: Trademarks And The Legal Naming Of American Religions, Andrew Ventimiglia

Faculty Publications - Communications

Can religious organizations use American trademark law to assert control over the name of a religion? Further, what is the relationship between a religious organization as guarantor of fundamental spiritual truths and the signs by which it is known? To answer these questions, this article traces the history and role of trademarks in American religion with a focus on Christian Science's faith-branding strategy. This narrative explores the religious use of trademarks as an emergent strategy in the early twentieth century to manage religious practice through brand management and trademark law. Using a combination of archival research and legal analysis, this …

Personal Jurisdiction’S Moment Of Opportunity: A Reform Blueprint For Originalists And Nonoriginalists, Allan Erbsen

Articles

Personal jurisdiction doctrine is broken, but there is a moment of opportunity to repair it. The Supreme Court has struggled for decades to explain why constitutional law sometimes prevents states from providing local remedies for local injuries. Basic questions lack satisfying answers. Should doctrine emphasize liberty or federalism? Is the Due Process Clause the proper foundation for limits on state power or are other clauses more relevant? What harms should limits on state power prevent and what harms should limits avoid creating? Decisions addressing these questions rely on jargon rather than a coherent account of how to allocate jurisdictional power …

The Virtuous Executive, Alan Rozenshtein

Articles

As currently conceived, executive power law and scholarship detach the identity of the President from the powers and duties of the presidency. Whether an official was properly dismissed without cause, whether a pardon was validly issued, whether a foreign policy debacle rose to the level of an impeachable offense—the answers to all these questions are not supposed to depend on the President’s personal characteristics.

This Article argues that this veil of ignorance is incompatible with a correct understanding of Article II. To properly empower good Presidents and constrain bad ones, constitutional actors must take into account the President’s personal characteristics. …

Burdens Of Proof In Establishing Negligence: A Comparative Law And Economics Analysis, Francesco Parisi, Giampaolo Frezza

Articles

Inherent in any judicial system is the need to allocate the burden of proof on one party. Within the realm of negligence torts, that burden is traditionally placed on the plaintiff, meaning that the plaintiff must bring forth sufficient evidence to establish negligence by the defendant. In effect, this is a legal presumption of non-negligence in favor of the defendant. In some jurisdictions for specific torts, defendants are, instead, presumed negligent, therefore requiring defendants to come forth with sufficient evidence to prove their due diligence. In this paper, we discuss the legal origins and effects of these differences in a …

Association Of Notch3 With Elastic Fiber Dispersion In The Infrarenal Abdominal Aorta Of Cynomolgus Monkeys, Sohei Ito, Naofumi Amioka, Michael K. Franklin, Pengjun Wang, Ching-Ling Liang, Yuriko Katsumata, Lei Cai, Ryan E. Temel, Alan Daugherty, Hong S. Lu, Hisashi Sawada

Saha Cardiovascular Research Center Faculty Publications

BACKGROUND: The regional heterogeneity of vascular components and transcriptomes is an important determinant of aortic biology. This notion has been explored in multiple mouse studies. In the present study, we examined the regional heterogeneity of aortas in nonhuman primates.

METHODS: Aortic samples were harvested from the ascending, descending thoracic, suprarenal, and infrarenal regions of young control monkeys and adult monkeys with high fructose consumption for 3 years. The regional heterogeneity of aortic structure and transcriptomes was examined by histological and bulk RNA sequencing analyses, respectively.

RESULTS: Immunostaining of CD31 and αSMA (alpha-smooth muscle actin) revealed that endothelial and smooth muscle …

Relative Adrenal Insufficiency Is A Risk Factor And Endotype Of Sepsis - A Proof-Of- Concept Study To Support A Precision Medicine Approach To Guide Glucocorticoid Therapy For Sepsis, Chia-Hua Wu, Ling Guo, Dan Hao, Qian Wang, Xiang Ye, Misa Ito, Bin Huang, Chieko Mineo, Philip W. Shaul, Xiang-An Li

Saha Cardiovascular Research Center Faculty Publications

Introduction: 25-60% of septic patients experience relative adrenal insufficiency (RAI) and glucocorticoid (GC) is frequently used in septic patients. However, the efficacy of GC therapy and whether GC therapy should be based on the status of RAI are highly controversial. Our poor understanding about the pathogenesis of RAI and a lack of RAI animal model present significant barriers to address these critical issues.

Methods: Scavenger receptor BI (SR-BI) regulates stress-induced GC (iGC) production in response to stress. We generated SF1CreSR-BIfl/fl mice and utilized the mice as a RAI model to elucidate the pathogenesis of RAI and GC therapy in sepsis. …

Utilizing Precision Technologies To Validate A Real-Time Location System For Dairy Cattle And Monitor Calf Behaviors During Heat Stress, Emily Rice

Theses and Dissertations--Animal and Food Sciences

With the increase in on-farm precision dairy technologies (PDT) utilization, large quantities of information are readily available to producers. A more recently available technology for use in livestock species is the real-time location system. These technologies offer dairy producers the opportunity to monitor and track real-time locations of cows, track locomotion patterns, and summarize specific area usage. However, the usefulness of these insights is heavily dependent on the performance of the technology. Therefore, the first objective of this dissertation was to assess the positioning recording performance and the usefulness of the data recorded of a real-time location system (Smartbow GmbH; …

Effects Of Biosynthesized Bromoform On Enteric Methane Production, Animal Performance And Tissue Residues In Cattle, Sydney Davis

Theses and Dissertations--Animal and Food Sciences

Greenhouse gas (GHG) emissions have been implicated in global warming and extreme climate change conditions. The Environmental Protection Agency (EPA) has identified agriculture, more specifically cattle production, as a major contributor to global GHG production. When expressed as liters of gas, CO2 is considered the primary GHG produced, however, in terms of global warming potential (GWP), CH4 has 25-times greater potential than that of CO2. Due to the elevated GWP of CH4, we have constructed a series of experiments to investigate the use of a halogenated CH4 analogue derived from kelp (i.e., bromoform) as an inhibitor of enteric CH4 production …

Interface: Technology & Portraiture, Mullins Sydney

Graduate Thesis Exhibition Catalogue Gallery, 2023

In Interface, five Kentucky-area artists explore a new language of representation with the aid of digital tools like Artificial Intelligence (AI) and Automatic Facial Recognition Software (AFR). Some artists use algorithms to alter celebrity faces beyond recognition, others feed data sets of existing art to AI models in an attempt to generate portraits of no one in particular. Others still create tools for understanding the very act of facial recognition or obfuscation. All have one thing in common: they wish to stretch the limits of and critique the genre of portraiture, as well as to cause viewers to question …

A Process Intensification Approach To Improve Volatile Fatty Acids Production, Extraction, And Valorization, Can Liu

Theses and Dissertations--Biosystems and Agricultural Engineering

Anaerobic digestion (AD) is a widely used biowaste conversion method. Recent studies have explored arrested methanogenesis as an alternative approach to leverage existing AD facilities and produce volatile fatty acids (VFAs) instead of biogas. VFAs have been recognized as precursors for a range of value-added chemicals and bioproducts. Arrested methanogenesis involves inducing acidic fermentation by halting the AD process before methanogenesis. It has been found that higher organic loading and thermophilic conditions enhance VFA accumulation and stabilize the acidic fermentation (AF) system.

Brewer's spent grain (BSG), a significant by-product of the brewing industry, was employed as the feedstock for VFA …

“A Quem O Quizer Colher”: As Drogas Do Sertão E O Diretório Dos Índios, Grão-Pará, 1757-1798, Barbara A. Sommer

History Faculty Publications

O clima quente, a abundância de terra e água e a vegetação exuberante da vasta bacia do rio Amazonas impressionaram os europeus com uma cornucópia de alimentos, especiarias, fibras, óleos e madeira. Por volta de 1611, ingleses, irlandeses e, depois, holandeses e franceses, negociavam, com os povos nativos do baixo Amazonas, madeiras e urucum, pigmento corporal vermelho-alaranjado que se vendia na Europa como produto tintório, e iniciavam plantações de tabaco e algodão. Enriquecidos pelo comércio asiático de especiarias e tinturas, os portugueses, agora ameaçados por outras nações europeias, se deslocaram para o norte do Brasil e começaram a ocupar a …

Swosu Research And Scholarly Activity Fair 2023, Swosu Office Of Sponsored Programs

SWOSU Research and Scholarly Activity Fair Programs

On behalf of the members of the University Research and Scholarly Activity Committee (USRAC) and the Office of Sponsored Programs (OSP) at Southwestern Oklahoma State University (SWOSU) - Welcome to the Thirtieth SWOSU Research and Scholarly Activity Fair! There are 77poster presentations and 2 oral presentations involving over 130 student and faculty researchers, writers, presenters, artists, collaborators, and faculty sponsors encompassing activities from the SWOSU College of Pharmacy; SWOSU School of Nursing & Allied Health Sciences; and SWOSU Departments of Allied Health Sciences; Art, Communication & Theatre; Biological Sciences; Business; Computer Science; Chemistry & Physics; Engineering Technology; Language & Literature; …

Plastics And The Limits Of U.S. Environmental Law, Robert W. Adler, Carina E. Wells

Utah Law Faculty Scholarship

Plastics are among the most ubiquitous materials on the planet, used for functions ranging from single-use cups to medical syringes to industrial equipment. The properties that make plastic useful, however, also make them highly persistent in the environment when improperly disposed. Moreover, although plastic polymers are inert, they break down in the environment into harmful microplastics and nanoplastics, and plastics are often made using toxic chemicals or include toxic additives. These properties have caused a plastic pollution crisis. Massive amounts of plastics and breakdown chemicals contaminate the oceans and other ecosystems throughout the globe. The United States continues to contribute …