Digital Commons Network^™

Should U.S. Tax Law Be Constitutionalized? Centennial Reflections On Eisner V. Macomber (1920), Reuven Avi-Yonah

Duke Journal of Constitutional Law & Public Policy

The United States Supreme Court last decided a federal income tax case on constitutional grounds in 1920a century ago. The case was Eisner v. Macomber , and the issue was whether Congress had the power under the Sixteenth Amendment to include stock dividends in the tax base. The Court answered “no” because “income” in the Sixteenth Amendment meant “the gain derived from capital, from labor, or from both combined.” A stock dividend was not “income” because it did not increase the wealth of the shareholder.

Macomber was never formally overruled, and it is sometimes still cited by academics and practitioners …

Social Media Defamation: A New Legal Frontier Amid The Internet Wild West, Hadley M. Dreibelbis

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Strangers In A Strange Land: Problems With The Recent Influx Of Ice Detainees Into Louisiana, And What To Do About It, Danielle Grote

Louisiana Law Review

The article examines the challenges posed by and solutions to the influx of U.S. Immigration and Customs Enforcement (ICE) detainees into Louisiana.

I Declare Bankruptcy! Clearing The Jurisdictional Bar On Social Security Claims In Bankruptcy Courts, Elyce Ieyoub

Louisiana Law Review

The article explains the necessity for a legislative amendment to harmonize administrative law and bankruptcy jurisdiction on social security claims in the U.S.

A Universal Problem: The Universal Injunction, Hayden D. Presley

Louisiana Law Review

The article discusses the appropriateness of and alternatives to the imposition of universal injunction in cases and controversies involving executive orders in the U.S.

A Historical Perspective On Public Access To Private Canals— Vermilion Corp. V. Vaughn, Jason P. Theriot

Louisiana Law Review

No abstract provided.

State V. Burns Appellant's Brief Dckt. 48242

Not Reported

No abstract provided.

State V. Ramos Appellant's Brief Dckt. 48440

Not Reported

No abstract provided.

The Future Of Antitrust: New Challenges To The Consumer Welfare Paradigm And Legislative Proposals, John B. Nalbandian, Makan Delrahim, Gene Kimmelman, Maureen Ohlhausen, Rainer Wessely

Catholic University Law Review

On November 14, 2019, the Federalist Society's Corporations, Securities, & Antitrust Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposals”.

Book Review: Positive Academic Leadership: How To Stop Putting Out Fires And Start Making A Difference, Sy Jobila, Mariam Hariri, Simar Azzam

All Works

No abstract provided.

The Effect Of Dietary Fiber On Epigenetic Regulation Of Gene Expression In Hemodialysis Patients, Isabelle Strack

Theses and Dissertations

Objective: More than 2/3 of those with kidney failure use hemodialysis as a treatment option. The purpose of this pilot study is to increase the understanding of the epigenetic changes that occur in hemodialysis patients through dietary fiber intake. Design and Methods: Gene expression through epigenetic changes of dietary fiber intake and soluble fiber intake were analyzed in this cross-sectional study. Data was collected from questionnaires and blood samples (n=20). Block Dialysis Food Frequency Questionnaire was used to calculate dietary fiber intake. Blood analysis counted the top 100 most prevalent microRNAs (miRNA). Pearson r correlation was used to determine level …

There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.

Louisiana Law Review

In Exxon Shipping Co. v. Baker, the U.S. Supreme Court recognized the right to recover punitive damages in admiralty cases and held that punitive damages in the case before it could not exceed the amount of the compensatory damages awarded plus the amount of settlements in related cases. In so holding, the Court reviewed many studies related to punitive damages and said that in a case where the defendant’s conduct was reckless but not worse, where the damages awarded were substantial, and where the defendant was not motivated by profit a 1:1 ratio of punitive to compensatory damages was appropriate. …

Evolution Of Genome Structure In The Drosophila Simulans Species Complex, Mahul Chakraborty, Ching-Ho Chang, Danielle E. Khost, Jeffrey Vedanayagam, Jeffrey R. Adrion, Yi Liao, Kristi L. Montooth, Colin D. Meiklejohn, Amanda M. Larracuente, J J. Emerson

School of Biological Sciences: Faculty Publications

The rapid evolution of repetitive DNA sequences, including satellite DNA, tandem duplications, and transposable elements, underlies phenotypic evolution and contributes to hybrid incompatibilities between species. However, repetitive genomic regions are fragmented and misassembled in most contemporary genome assemblies. We generated highly contiguous de novo reference genomes for the Drosophila simulans species complex (D. simulans, D. mauritiana, and D. sechellia), which speciated ∼250,000 yr ago. Our assemblies are comparable in contiguity and accuracy to the current D. melanogaster genome, allowing us to directly compare repetitive sequences between these four species. We find that at least 15% of the D. simulans complex …

Food First Hdfc Inc. V. Turner

All Decisions

No abstract provided.

Yorkville Plaza Assocs. V. Reynolds

All Decisions

No abstract provided.

The Earthquake Cycle In The Dry Lower Continental Crust: Insights From Two Deeply Exhumed Terranes (Musgrave Ranges, Australia And Lofoten, Norway), L Menegon, L Campbell, N Mancktelow, A Camacho, Et Al

School of Geography, Earth and Environmental Sciences

This paper discusses the results of field-based geological investigations of exhumed rocks exposed in the Musgrave Ranges (Central Australia) and in Nusfjord (Lofoten, Norway) that preserve evidence for lower continental crustal earthquakes with focal depths of approximately 25–40 km. These studies have established that deformation of the dry lower continental crust is characterized by a cyclic interplay between viscous creep (mylonitization) and brittle, seismic slip associated with the formation of pseudotachylytes (a solidified melt produced during seismic slip along a fault in silicate rocks). Seismic slip triggers rheological weakening and a transition to viscous creep, which may be already active …

Glacier Clear Ice Bands Indicate Englacial Channel Microbial Distribution, Gilda Varliero, Alexandra Holland, Gary L. A. Barker, Marian L. Yallop, Andrew G. Fountain, Alexandre M. Anesio

Geology Faculty Publications and Presentations

Distant glacial areas are interconnected by a complex system of fractures and water channels which run in the glacier interior and characterize the englacial realm. Water can slowly freeze in these channels where the slow freezing excludes air bubbles giving the ice a clear aspect. This ice is uplifted to the surface ablation zone by glacial movements and can therefore be observed in the form of clear surface ice bands. We employed an indirect method to sample englacial water by coring these ice bands. We were able, for the first time, to compare microbial communities sampled from clear (i.e. frozen …

Rethinking The Refugee Regime: Would A Human Rights-Based Approach To The Issue Of Climate Refugees Produce Just Outcomes?, Gordon Robinson

Theses and Dissertations

Human rights-based approaches are highly useful for a myriad of issues facing the international community. However, they have yet to be utilized in practice due to norms in the international community that favor sovereignty over human rights and international cooperation. This thesis will demonstrate the utility of such approaches by applying one to the issue of climate refugees. It is estimated that by the year 2050, hundreds of millions of people around the globe will become displaced due to climate change. Because climate-related reasons are not included in the criteria for what makes one a refugee, these people will not …

Understanding Teacher-Child And Peer Interactions During A 12-Week Preschool Art Program, Rebecca Bove

Theses and Dissertations

Children’s social and emotional development is essential for well being (Garner & Estep, 2001). Prior research has examined the impact of teacher-child interactions on children’s school adjustment, but little research has been done to explore how certain behaviors children demonstrate with teachers influence peer interactions (Graves Jr. & Howes, 2011; Rudasill et al., 2013). The goal of the study was to examine whether the proportion of interactions and the positive or negative connotation of the interactions that a child had with teachers had an impact on social-emotional relations with peers. Using archival observational data collected while children participated in a …

Glueballs And Strings In Sp(2n) Yang-Mills Theories, Ed Bennett, Jack Holligan, Deog Ki Hong, Jong Wan Lee, C. J.David Lin, Biagio Lucini, Maurizio Piai, Davide Vadacchino

School of Engineering, Computing and Mathematics

Motivated in part by the pseudo-Nambu Goldstone boson mechanism of electroweak symmetry breaking in composite Higgs models, in part by dark matter scenarios with strongly coupled origin, as well as by general theoretical considerations related to the large-N extrapolation, we perform lattice studies of the Yang-Mills theories with Sp(2N) gauge groups. We measure the string tension and the mass spectrum of glueballs, extracted from appropriate two-point correlation functions of operators organized as irreducible representations of the octahedral symmetry group. We perform the continuum extrapolation and study the magnitude of finite-size effects, showing that they are negligible in our calculation. We …

6th Analytics Without Borders Conference Program, Bentley University, Bryant University, Tufts University, University Of Massachusetts Lowell

Analytics Without Borders

No abstract provided.

Suicide In College: An Evidence-Based Practice Guide For Social Work Practitioners, Hailey Bowler

Evidence-Based Social Work Practice Guide Series

After steadily increasing rates of suicide in colleges each year, this article was produced in order to gain a deeper understanding of prevention and intervention practices as clinicians. Through evidence-based research, this article allows for possible solutions to such as devastating issue.

Accounting For Same-Sex Divorce: Relationship- Versus Self-Focused Divorce Accounts And The Meanings Of Marriage Among Gay Men And Lesbians, Aaron Hoy

Sociology Department Publications

No abstract provided.

What Can Be Taught In College In Prison? Reconciling Institutional Priorities In Clashes Over Incarcerated Students’ Access To Instructional Materials, Magic M. Wade

Journal of Prison Education and Reentry (2014-2023)

This research was inspired by allegations of censorship of college curricula in an Illinois state penitentiary. This example highlights the confusion and controversy that may ensue when disagreements arise over what students in prison-based college programs are permitted to read and learn. Following this, my research considers these relevant questions: First, do many programs and prisons encounter disagreements over certain instructional materials? Next, to what extent are these rooted in clashing institutional values and priorities? And finally, what can be done to quell controversy, reduce confusion, and strengthen relationships between colleges and prisons? To shed light on these questions, I …

Compliance With A Nurse-Driven Hypoglycemia Protocol: Time From Hypoglycemia Event To Euglycemia, Robin A. Chappell

Student Scholarly Projects

Practice Problem: Hypoglycemia is a known complication of diabetes mellitus and is considered one of the top three adverse drug events by the U.S. Department of Health and Human Services (2019) because it is common, clinically significant, measurable, and preventable.

PICOT: The PICOT question that guided this project was: In non-critical hospitalized adult patients on medical-surgical units with documented HGEs, how does active surveillance for strict adherence to a nurse-driven hypoglycemia protocol, compared to no surveillance, affect the time from hypoglycemia to euglycemia?

Evidence: Treatment of hypoglycemia is commonly inconsistent and prolonged; however, active surveillance and monitoring of a …

Economic Outlook For Lakeshore Advantage: Getting To 2030, Jim Robey, Kathleen Bolter, Gerrit Anderson, Emily Boyle, Claudette Robey, Brian Pittelko, Jennifer Nichols, Minh Dang

Reports

Lakeshore Advantage, a nonprofit economic development organization serving businesses in Allegan and Ottawa counties, teamed up with the W.E. Upjohn Institute for Employment Research to better understand the long-term economic health of its region. The Upjohn Institute conducted an analysis of Allegan and Ottawa counties to hone in on the strengths of these communities and offer insights on where improvements are needed to grow the region and achieve Lakeshore Advantage’s 2030 goals which include ranking at or above selected comparative communities for median household income, average annual pay, total employment growth, and educational attainment. This study includes an examination of …

Micro- And Macroevolution Of Drab Plumage Color In Birds, Rafael Marcondes

LSU Doctoral Dissertations

I address the evolution of drab bird colors at micro- and macroevolutionary scales. I use as a study system the Furnariida, a clade of >600 Neotropical passerine species that, despite tremendous ecological and morphological diversity, are colored almost exclusively in shades of brown and grey produced by melanin pigments.

In chapters two and three, I took a macroevolutionary approach and showed that (1) plumage colors in the Furnariida evolve at similar rates in a monochromatic clade, males of a dichromatic clade, and females of a dichromatic clade; (2) ventral plumage color evolves faster than dorsal; (3) bird species that occupy …

Undetermined Coefficients: A Fully Generalized Approach, Taylor Powell

Undergraduate Research Symposium

In this presentation, I outline the development of a fully-generalized solution of linear, non-homogeneous differential equations with constant coefficients and whose non-homogeneous function is any product of sinusoidal, exponential, and polynomial functions. This particular method does not require the reader to work with annihilator operators or additional related ODEs, and only requires an understanding of summation notation, matrix multiplication, and calculus. Additionally, this method provides a straightforward way to develop a program to implement the technique, and potentially reduces the time-complexity for solutions with comparisons to other methods.

Undergraduate Session Ii: Presentation 2 - Quality Versus Quantity Of Life: Breast Cancer Treatments And Survival Rates, Casey Almond

Life of the Scholar Multidisciplinary Conference

This study; Quality Versus Quantity of Life: Treatments for Breast Cancer and Survival Rates, focuses on helping patients who receive a diagnosis of breast cancer decide how they would like to proceed in treatment. In many stage three and four cases of breast cancer, patients are presented with various treatment options. Some patients may consider the poor quality of life that could result from initiating treatment, others will be contingent on accepting all treatments to prolong their length of life, and others may choose to receive no treatment at all. This research may serve as a guide to empower patients …

Microelements In Normal And In Urine Stone Disease In Children, K.A. Dekhkanov, N.U. Utegenov, Sh.M. Akhmedov, L.M. Shagiyazov, S.T. Reimbergenova, H.H. Akhrorov

Central Asian Journal of Pediatrics

In the present article results of research of 150 children at age range from 3 till 14 years with urolithic illness with the complicated infections urethral canals are stated. Two basic variants of a clinical course before and after operative removal concrements from urethral canals are analyzed with traditional and complex metabolites-dietary methods of treatment which last one is developed by authors. On the basis of the organized clinical-laboratory researches the conclusion is drawn that not only imbalance of microcells is at the heart of disorders of exchange processes. The inefficiency or high relapse of disease after the performed traditional …