Digital Commons Network^™

Constitutional Tolling And Preenforcement Challenges To Private Rights Of Action, Michael T. Morley

Notre Dame Law Review

A person wishing to challenge the constitutionality of a law that regulates their conduct typically may sue the government official responsible for enforcing that provision for declaratory and injunctive relief pursuant to Ex parte Young. This approach is generally unavailable, however, when a plaintiff seeks preenforcement relief against laws that are enforceable exclusively through a private right of action. In such cases, there is no government official against whom to bring a typical Young claim, and constraints such as sovereign immunity and justiciability requirements often pose insurmountable obstacles. A person subject to an apparently unconstitu-tional law that is enforced …

Equity And The Sovereign, Mila Sohoni

Notre Dame Law Review

Equity traces its genesis to kingly power. But the new American constitutional order shattered the crown and left equity unanchored. Who or what, if anything, inherited the role of the sovereign in federal equity? Is the sovereign the executive branch—or is it Congress? Is it “the United States” or “the people of the United States”? However we conceive of the sovereign, is the sovereign entitled to special deference in a federal court of equity—or to the reverse?

Federal courts have not arrived at consistent answers to these puzzles. They have vacillated on who the sovereign is. And they have vacillated …

Payors, Players, And Proximate Cause, Elisabeth F. Crusey

Notre Dame Law Review

At issue is whether pharmaceutical companies’ allegedly misleading drug labels that providers rely upon when prescribing drugs to patients, which plaintiffs classify as mail and wire fraud, are the proximate causes of third-party payors (TPPs) overpaying for medication, or enduring a financial injury, such that the TPPs fulfill RICO standing under 18 U.S.C. § 1964(c). Included in this issue are questions about whether the alleged RICO violations directly caused the TPPs’ financial injuries such that plaintiffs meet the proximate cause requirements under § 1964(c) to state a valid claim. Presently, the First, Third, and Ninth Circuits agree that allegations of …

Bpsou Draft Final Residential Metals Abatement Program (Rmap) Qapp (Non-Residential Parcels) (5/12/22), Nikia Greene, Butte Silver Bow, Atlantic Richfield Company

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

The Case For Banning (And Mandating) Ransomware Insurance, Kyle D. Logue, Adam B. Shniderman

Articles

Ransomware attacks are becoming increasingly pervasive and disruptive, resulting in ransom demands becoming more exorbitant. Payments for ransom costs are increasingly being covered by insurance, which may offer coverage for a variety of cyber-related losses. Some commentators have expressed concern over this market phenomenon. Specifically, the concern is that the presence of insurance is making the ransomware problem worse based on the following theory: because there is ransomware insurance that covers ransom payments, and because paying the ransom is often far cheaper than paying the restoration and business interruption costs covered under the policy, there is an increased tendency to …

Prosocial Occupations, Work Autonomy, And The Origins Of The Social Class Pay Gap, Ray Tsai Fang, András Tilcsik

Management Faculty Publications and Presentations

Despite decades of research on social mobility and wage disparities, it remains a puzzle why people from lower-class families earn less than people from upper-class families even when similar in education and occupational prestige. Taking a sociocultural perspective on social class, we argue that a key contributor to the class pay gap is that people from upper-class origins tend to work in occupations with greater autonomy, whereas their lower-class counterparts tend to work in occupations that are more prosocial. We further propose that autonomous occupations pay better than prosocial occupations. Across two distinct nationally representative samples in the United States, …

Who Is Missing? Characterizing The Participation Of Different Demographic Groups In A Korean Nationwide Daily Conversation Corpus, Haewoon Kwak, Jisun An, Kunwoo Park

Research Collection School Of Computing and Information Systems

A conversation corpus is essential to build interactive AI applications. However, the demographic information of the participants in such corpora is largely underexplored mainly due to the lack of individual data in many corpora. In this work, we analyze a Korean nationwide daily conversation corpus constructed by the National Institute of Korean Language (NIKL) to characterize the participation of different demographic (age and sex) groups in the corpus.

The Impact Of Surgical Delay On Resectability Of Colorectal Cancer: An International Prospective Cohort Study, Covidsurg Collaborative

Department of Surgery Faculty Publications

Aim: The SARS-CoV-2 pandemic has provided a unique opportunity to explore the impact of surgical delays on cancer resectability. This study aimed to compare resectability for colorectal cancer patients undergoing delayed versus non-delayed surgery. Methods: This was an international prospective cohort study of consecutive colorectal cancer patients with a decision for curative surgery (January-April 2020). Surgical delay was defined as an operation taking place more than 4 weeks after treatment decision, in a patient who did not receive neoadjuvant therapy. A subgroup analysis explored the effects of delay in elective patients only. The impact of longer delays was explored in …

Cuspal Deflection And Fracture Resistance Of Maxillary Premolars With Complex Class Ii And Restored With Contemporary Bulk-Fill Resin Composite, Fatma S. Eldemiry, Rabab E. Elaraby, Ashraf I. Ali

Mansoura Journal of Dentistry

Objective: This study aimed to evaluate cuspal deflection (CD) and fracture resistance (FR) of maxillary premolars with Mesio-occluso-distal (MOD) cavities and restored with conventional and bulk-fill resin composites. Materials and Methods: One conventional (Filtek Z350XT) and two recent bulk-fill (Aura, and Reveal HD) resin composites were used. A total number of 120 maxillary premolars were used in this study. For CD test, 45 maxillary premolars prepared with standardized MOD cavity preparations and were divided into three groups (n=15). The different three resin composites (RCs) were used to restore the three groups. The CD values were measured using a digital micrometer …

State Constitutional Law Declares Its Independence: Double Protecting Rights During A Time Of Federal Constitutional Upheaval, Scott L. Kafker

UC Law Constitutional Quarterly

No abstract provided.

Paper Mills Research Report [English], Committee On Publication Ethics, Stm

Copyright, Fair Use, Scholarly Communication, etc.

Executive summary

The subject of paper mills is currently being widely discussed by many stakeholders across the research publishing landscape. This report aims to give an overview of this topic, to explain how paper mills work, why they work and what we can collectively do about it. We have also undertaken a study of data submitted from a variety of investigations by leading publishers to get a sense of the scale of the problem. This paper concludes that the submission of suspected fake research papers, also often associated with fake authorship, is growing and threatens to overwhelm the editorial processes …

Direct Quotations, Angela Gulick

Research Skills

This handout provides step-by-step information on using direct quotations.

An International Experience With Single-Operator Cholangiopancreatoscopy In Patients With Altered Anatomy, Shruti Mony, Bachir Ghandour, Isaac Raijman, Amar Manvar, Sammy Ho, Arvind J. Trindade, Petros C. Benias, Claudio Zulli, Jérémie Jacques, Yervant Ichkhanian, Tobias Zuchelli, Mouhanna Abu Ghanimeh, Shayan Irani, Andrew Canakis, Omid Sanaei, Daniel Szvarca, Linda Zhang, Michael Bejjani, Venkata Akshintala, Mouen A. Khashab

Gastroenterology Articles

Background and study aims: The utility of digital single- operator cholangiopancreatoscopy (D-SOCP) in surgically altered anatomy (SAA) is limited. We aimed to evaluate the technical success and safety of D-SOCP in patients SAA.

Patients and methods: Patients with SAA who underwent D-SOCP between February 2015 and June 2020 were retrospectively evaluated. Technical success was defined as completing the intended procedure with the use of D-SOCP.

Results: Thirty-five patients underwent D-SOCP (34 D-SOC, 1 D-SOP). Bilroth II was the most common type of SAA (45.7 %), followed by Whipple reconstruction (31.4 %). Twenty-three patients (65.7 %) patients had prior failed ERCP …

Role Of Gastric Per-Oral Endoscopic Myotomy (G-Poem) In Post-Lung Transplant Patients: A Multicenter Experience, Yervant Ichkhanian, Joo Ha Hwang, Andrew Ofosu, Andrew A. Li, Daniel Szvarca, Peter V. Draganov, Dennis Yang, Eva Alsheik, Tobias Zuchelli, Cyrus Piraka, Shruti Mony, Mouen A. Khashab

Gastroenterology Articles

Background and study aims: Gastroparesis post-lung transplant (LTx) can lead to increased risk of gastroesophageal reflux (GER) and accelerated graft dysfunction. We aimed to evaluate the efficacy and safety of gastric per-oral endoscopic myotomy (G-POEM), a promising tool in patients with refractory gastroparesis, for managing refractory gastroparesis and GER in post-LTx patients. Patents and methods  This was a multicenter retrospective study on post-LTx patients who underwent G-POEM for management of gastroparesis and GER that were refractory to standard medical therapy. The primary outcome was clinical success post-G-POEM. Secondary outcomes included the rate of post-G-POEM objective esophageal pH exam normalization, rate …

Principles Of Home Rule For The 21st Century, National League Of Cities

North Carolina Law Review

No abstract provided.

Do Local Governments Really Have Too Much Power? Understanding The National League Of Cities' Principles Of Home Rule For The 21st Century, Nestor M. Davidson, Richard C. Schragger

North Carolina Law Review

No abstract provided.

Local Budgets, Local Decisions: The Home Rule For The 21st Century Project's State Support For Local Democracy Provisions, Erin Adele Scharff

North Carolina Law Review

No abstract provided.

Assessment Of Parental Presence In The Dental Clinic On Their Children Behavior, Omayma M. Elsabbagh, Ashraf Y. Alhosainy, Salwa M. Awad

Mansoura Journal of Dentistry

Objective: 1- Assessment of modified parental presence as a behavior management technique in a certain age group of children in Pediatric Dental Clinics of Faculty of Dentistry, Mansoura University, Egypt. 2- Evaluation of the parent's attitude toward this behavior management technique. Materials and Methods: Sixty children, 3-4 years old categorized as uncooperative, coming for their first dental visit and indicated for single visit dental treatment were selected. A small transparent wall next to the dental chair was used and the parent was seated near the child. If the child continued to be non-cooperative, the parent was asked to stand behind …

Comparison Of Self-Assembling Peptide With Different Remineralizing Agents On Demineralized Primary Molars: In-Vitro Study, Sara M. Elmitwalli, Rasha I. Ramadan, Salwa M. Awad

Mansoura Journal of Dentistry

Objective: Evaluating the remineralization potential of Self assembling peptide (P11-4), Nano-hydroxyapatite (Nano-HA) and Casein Phosphopeptide-Amorphous Calcium Phosphate-Fluoride (CPP-ACPF) using Scanning Electron Microscopy (SEM) and Energy dispersive X-ray Analysis (EDX). Materials and Methods: Forty enamel specimens of primary second molar were prepared and immersed in demineralizing solution for 96 hours to induce artificial carious lesions. Specimens were divided randomly according to remineralizing agents into four equal groups. The groups were named group A: control group (artificial saliva), group B: P11-4, group C: Nano-HA paste and group D: CPP-ACPF. Remineralization was carried out for a period of 21 days. Calcium and Phosphorous …

Lepidopterans Of Economic Importance In Cameroon: A Systematic Review, José Ouaba, Timoléon Tchuinkam, Alida Waïmane, Henlay Juma Otieno Magara, Saliou Niassy, Félix Meutchieye

All Peer-Reviewed Publications

Lepidoptera represents one of the most abundant and diverse insect groups globally, with more than 178,159 species described in more than 4000 genera. This paper discusses the economic importance of these insects in Cameroon. The work was built on a comprehensive review of 60 relevant published articles from 1955 to 2021. Results show a great diversity of insects of economic importance belonging to the order Lepidoptera, of which 51 are known at the species level, eleven at the genus level, and many others not yet identified. Their economic importance is somehow conflicting, with a mix of harmful and beneficial species. …

Plant Growth And Defense Traits In Sorghum Bicolor’S Response To Chilo Partellus In The Tropics, Adekunle W. Adesanya, Maria Isabel Gomez, Kimberly Morrell, Charles Midega, Zeyaur Khan, André Kessler, Katja Poveda

All Peer-Reviewed Publications

In order to meet the increasing demands from an exploding human population, sustainable agriculture relies on the availability of crop varieties with high yields and optimal defenses to pests. However, ample work has suggested that domesticated plants could have reduced defenses at the expense of increased biomass or yield, and these potential trade-offs can vary among plant species and genotypes. Herbivory coping mechanisms such as tolerance and resistance can be expressed differently among plant genotypes, with variable relationships and inherent fitness costs. Knowledge of the connection between growth and defense mechanisms in cultivated plants is still limited, especially in tropical …

Exploring Associations Between Multimodality And Built Environment Characteristics In The U.S., Sangwan Lee

Urban Studies and Planning Faculty Publications and Presentations

This study demonstrated associations between multimodality and built environment characteristics, and proposed policy implications for fostering multimodal travel behaviors. It conducted a U.S. nationwide analysis using ordinary least square regression and gradient boosting decision tree regressor models with American Community Survey 2015–2019 5-year estimates and the United States Environmental Protection Agency Smart Location Database version 3.0. Notable findings were as follows: First, built environment characteristics were found to be statistically significant predictors of multimodality across the U.S. Second, certain features were identified as having considerable importance, specifically including population density, regional accessibility, walkability index, and network density, all of which …

Variations In Surgeon-Applied Loads During Passive Range Of Motion Following Total Knee Replacement With Relevance To Computational Modeling, Cj Bakle Ii

All Theses

Total knee replacement (TKR) is generally considered a successful treatment for musculoskeletal disorders of the knee. However, as many as 20% of patients report some dissatisfaction in their physical function after TKR. And approximately 50% of early revisions needed to address conditions related to component alignment and soft tissue tension to stabilize the knee. During TKR, surgeons manually perform passive range of motion (ROM) assessments to gain feedback perceived as tension in ligaments and other soft tissues. Such assessments are highly subjective and rely on the surgeon's perception of soft tissue tension rather than quantitative objective means. The variability in …

Pre-Breeding Of Kale (Brassica Oleracea Var. Acephala) – Organic Adaptation And Shelf Life, Craig Reda

All Theses

Kale (Brassica oleracea var. acephala) is a nutritionally rich leafy green that that contains vitamins, minerals, and prebiotic carbohydrates. As a popular organic crop, kale accounted for 1.3% of total US organic produce sales in 2020, a market valued at over 17 billion USD. However, organic production is limited by its inability to use synthetic pesticides and fertilizers and suffers from decreased yield when compared to conventional agriculture, partially due to the creation of a significantly different growing environment. Additionally, the absence of synthetic products can also negatively impact the shelf of leafy greens like kale. To determine …

Genetic, Epigenetic, And Environmental Mechanisms Govern Allele-Specific Gene Expression, Celine L St Pierre, Juan F Macias-Velasco, Jessica P Wayhart, Li Yin, Clay F Semenkovich, Heather A Lawson

2020-Current year OA Pubs

Allele-specific expression (ASE) is a phenomenon in which one allele is preferentially expressed over the other. Genetic and epigenetic factors cause ASE by altering the final composition of a gene's product, leading to expression imbalances that can have functional consequences on phenotypes. Environmental signals also impact allele-specific expression, but how they contribute to this cross talk remains understudied. Here, we explored how genotype, parent-of-origin, tissue, sex, and dietary fat simultaneously influence ASE biases. Male and female mice from a F

Validation Of A Whole Genome Methylation Profiling Classifier For Central Nervous System Tumors, Lucas Santana-Santos, Kwok Ling Kam, David Dittman, Stephanie De Vito, Matthew Mccord, Pouya Jamshidi, Hailie Fowler, Xinkun Wang, Alan Aalsburg, Daniel Brat, Craig Horbinski, Lawrence Jennings

Conference Presentation Abstracts

Whole genome methylation profiling is proving to be an incredibly powerful tool to diagnose tumors that are otherwise difficult to classify by histopathology and sequencing. The reference library of tumor DNA methylation data, using a machine learning-based tumor classifier, was developed by the German Cancer Research Network (DKFZ), and is available publicly on a research basis. However, medical institutions desiring to implement that classifier for routine clinical care need to import, adapt, and validate the classifier internally. We did this for our own DNA methylation-based classifier of central nervous system (CNS) tumors, using the same training and validation datasets as …

The Effects Of Maternal Intake Of Epa And Dha Enriched Diet During Pregnancy And Lactation On Offspring's Muscle Development And Energy Homeostasis, Saeed Ghnaimawi, Shilei Zhang, Jamie I. Baum, Yan Huang

Animal Science Faculty Publications and Presentations

EPA and DHA are n-3 long-chain polyunsaturated fatty acids with a diversity of health benefits on offspring. The objective of this study was to test the in vivo effect of maternal ingestion of EPA and DHA on fetal and offspring muscle development and energy balance. Two groups of female C57BL/6 mice were fed EPA and DHA enriched diet (FA) and diet devoid of EPA and DHA (CON) respectively throughout the entire period of gestation and lactation. Embryos at E13 and offspring at age of D1 and D21 were selected for sample collection and processing. No change in birth number and …

Faq On The New York State Equality Amendment, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

Adopted in 1938, the New York State Constitution’s equality protections fall far short of a modern notion of equality that would protect the rights of all New Yorkers. Legislation currently pending in the New York Legislature would update the state’s constitution by prohibiting forms of discrimination that are currently unrecognized by the law.

Statement From Columbia Law School’S Center For Gender And Sexuality Law On The Supreme Court Decision Overruling The Constitutional Right To Abortion, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

The Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization signals a major break with at least three generations of constitutional law. This opinion eliminates not only constitutional protections for abortion, but well-settled legal principles on which fundamental rights have rested for over 60 years. “Within a 24-hour period the Supreme Court ruled on the one hand that abortion rights are a local issue to be decided by each state independently, while on the other, states are barred from making local decisions about how to regulate guns,” said Katherine Franke, James L. Dohr Professor of Law and Director of …

Allocation Of Climate-Related Risks In Investor–State Mining Contracts, Martin Dietrich Brauch, Perrine Toledano, Cody Aceveda

Columbia Center on Sustainable Investment Staff Publications

Domestic laws and regulations are the ideal legal instrument to regulate the mining sector’s contribution to climate change mitigation and adaptation. Even so, as a stop-gap-measure in the absence of a robust legal and regulatory framework, governments may consider updating model mining development agreements (MMDAs) or negotiating climate­-related contractual provisions.

The CCSI paper Five Years After the Adoption of the Paris Agreement, Are Climate Change Considerations Reflected in Mining Contracts?, published in July 2021, explores whether governments are using, and how they can use, investor–state mining contracts to advance climate goals.

This companion piece expands the analysis, by examining …