Digital Commons Network^™

The Past As A Colonialist Resource, Deepa Das Acevedo

Duke Law Journal

Originalism’s critics have failed to block its rise. For many jurists and legal scholars, the question is no longer whether to espouse originalism but how to espouse it. This Article argues that critics have ceded too much ground by focusing on discrediting originalism as either bad history or shoddy linguistics. To disrupt the cycle of endless “methodological” refinements and effectively address originalism’s continued popularity, critics must do two things: identify a better disciplinary analogue for originalist interpretation and advance an argument that moves beyond methods.

Anthropology can assist with both tasks. Both anthropological analysis and originalist interpretation are premised on …

Uncreative Designs, Sarah Burstein

Duke Law Journal

It is often said that the standards for patent protection are higher than the standards for copyright protection. Specifically, commentators assert that the copyright requirement of originality is easier to satisfy than the patent requirements of novelty and nonobviousness. And yet, the USPTO regularly grants patents for designs that fall below the low standard of copyright originality set by the Supreme Court in Feist v. Rural. Some may suggest that the existence of these “sub-Feist” design patents is a result of the USPTO abandoning its duty to scrutinize design patent applications. Or they may suggest that it is a result …

Stare Decisis And Remedy, Melissa Murray

Duke Law Journal

Much ink has been spilled on the Roberts Court’s approach to stare decisis and precedent. Such commentary is hardly surprising. In just the last five years, the Court has overruled extant precedents on issues that range from abortion and jury convictions to property rights and public unions. It has also substantially narrowed and limited existing precedents, curbing the reach of earlier decisions in ways that disrupt and distort the jurisprudential landscape.

Some view the Court’s uneven approach to precedent as ideologically determined. As these critics maintain, the Court adheres to precedents that are consistent with the views of its six-member …

Journal Staff

Duke Law Journal

No abstract provided.

Reconceptualizing Museum Decolonization: A Proposal For The Repatriation Of Agency, Bacci Francesca

All Works

This paper discusses how cultural governance leadership can adopt a decolonizing operational model for museums, to the advantage of all stakeholders. Key to the proposed framework is foregrounding the repatriation of ex-colonies’ agency as preparatory to the possible repatriation of their objects. The model hypothesizes the creation of an international alliance of museums, ministries of culture and universities/research institutes to form an accrediting body that certifies the status of “decolonized museum”, with appointed national curators or community representatives from each former colony. These professionals can be temporarily hired by institutions worldwide, to support the writing, displaying and storytelling revisions necessary …

The Return Of Three-Judge Constitutional Courts, Matt Queen

Duke Law Journal

State courts wield the authority to elevate state constitutional protections above those afforded by the U.S. Constitution. That power is great—so great that some legislatures have intervened in constitutional adjudication, purportedly to undermine forum shopping and check a single judge’s influence. Accordingly, North Carolina and Tennessee require that three-judge trial courts hear constitutional challenges to state laws. These courts echo twentieth-century congressional efforts to trim federal courts’ equitable jurisdiction. They also present new and familiar drawbacks spawned by their federal ancestors.

This Note examines these new constitutional courts through several lenses: their historical context, political development, advantages, and drawbacks. Although …

Health Provider Experiences In Supporting Social Connectedness Between Families And Older Adults Living In Long-Term Care Homes, Anna Garnett, Hannah Pollock, Kristin Prentice, Natalie Floriancic, Lorie Donelle Phd, Rn, Fcan, Carri Hand, Abe Oudshoorn, Yolanda Babenko-Mould, Cheryl Forchuk

Publications

INTRODUCTION: Many people, often older adults, living in long-term care homes (OA-LTCH) became socially isolated during the COVID-19 pandemic due to variable restrictions on in-person visits and challenges associated with using technology for social connectivity. Health providers were key to supporting these OA by providing additional care and facilitating their connections with family using technology such as smartphones and iPads. It is important to learn from these experiences to move forwards from the COVID-19 pandemic with evidence-informed strategies that will better position health providers to foster social engagement for OA-LTCH across a range of contextual situations. OBJECTIVE: This exploratory qualitative …

Healthcare Overspend – Valuable Insights From A Hands-On Assessment And Chiropractic Care For Uninterrupted Cervicogenic Headaches: A Case Report, Jessy Johnson, Michael Mcqueen, Eric J. Kirk, Christopher Arick

Aurora GME

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Storytelling Through A Critical Positive Youth Development Framework: A Mixed Methods Approach, Maru Gonzalez, Michael Kokozos, Katherine Mckee, Christy Byrd

Journal of Youth Development

No abstract provided.

Table Of Contents, Jhcs Staff

Journal of Hindu-Christian Studies

No abstract provided.

Disentangling Yoga: A Christian Take On A “Universal” Practice, Leah Mernaugh Bergman

Journal of Hindu-Christian Studies

YOGA has historically posed a number of ethical and spiritual challenges for American evangelical Christians. Drawing from ethnographic research conducted among evangelical practitioners of Christian Yoga in the United States, this article argues that a distinctly Christianized form of modern postural yoga relies on the conceptual disentanglement of yoga from the Hindu tradition. I describe three strategies by which teachers and students of Christian Yoga articulate the relationship between yoga and Hinduism: (1) yoga as having mixed-up roots, (2) yoga as predating Hinduism, and (3) yoga as a gift to the West. This decontextualization of yoga from Hinduism fits within …

A Biblical Masala: Encountering Diversity In Indian Biblical Studies. Edited By David J. Chalcraft And Zhodi Angami. Wazirpur Industrial Area: Christian World Imprints, 2021, Xiv + 390 Pages., Herman Tull

Journal of Hindu-Christian Studies

No abstract provided.

Translation Policy And Practice In The Konkani Catechism Of Diogo Ribeiro, S.J. (1561-1635), Pär Eliasson

Journal of Hindu-Christian Studies

IN virtue of important works in the fields of lexicography, grammar, and translation, Diogo Ribeiro S.J. (1561-1635) is a key figure in Indian missionary linguistics as well as in the development of Christian Konkani. He also plays a pivotal role in the reception history of the more well-known Thomas Stephens. In the preface of his Konkani translation of Roberto Bellarmino’s Dichiarazione più copiosa della dottrina Cristiana , Ribeiro describes his translation policy and argues for controversial choices where he follows the practice of Thomas Stephens. The present article analyzes Ribeiro’s translation policy and shows how he puts it into practice …

The Difference Between Males And Females In First Language Acquisition, Haya Alotaibi

Sociology Between the Gaps: Forgotten and Neglected Topics

No abstract provided.

If1 Promotes Cellular Proliferation And Inhibits Oxidative Phosphorylation In Mouse Embryonic Fibroblasts Under Normoxia And Hypoxia, Lothar Lauterboeck, Sung Wook Kang, Donnell White, Rong Bao, Parnia Mobasheran, Qinglin Yang

School of Graduate Studies Faculty Publications

ATP synthase inhibitory factor subunit 1 (IF1) is an inhibitory subunit of mitochondrial ATP synthase, playing a crucial role in regulating mitochondrial respiration and energetics. It is well-established that IF1 interacts with the F1 sector of ATP synthase to inhibit the reversal rotation and, thus, ATP hydrolysis. Recent evidence supports that IF1 also inhibits forward rotation or the ATP synthesis activity. Adding to the complexity, IF1 may also facilitate mitophagy and cristae formation. The implications of these complex actions of IF1 for cellular function remain obscure. In the present study, we found that IF1 expression was markedly upregulated in hypoxic …

Dash: Your Direct Assistance And Solutions Hub For Fall Registration, Disha Kayasth

Lindenlink (2012- )

No abstract provided.

Case 9-2024: An 84-Year-Old Man With A Fall, Brian B Ghoshhajra

Faculty, Staff and Students Publications

No abstract provided.

University Counselor Experiences With The Surge In Mental Healthcare Demand In The United States, Julie Christe Knight

Walden Dissertations and Doctoral Studies

No abstract provided.

Intrathecal Gene Therapy For Giant Axonal Neuropathy, Minal Jain, Jessica A Chichester, Roberto Calcedo, Diane Armao, A Reghan Foley, Payam Mohassel, Eshetu Tesfaye, Bradley P Carlin, Beth Seremula, Melissa Waite, Wadih M Zein, Laryssa A Huryn, Thomas O Crawford, Charlotte J Sumner, Ahmet Hoke, John D Heiss, Lawrence Charnas, Jody E Hooper, Elizabeth M Kang, Denis Rybin, Steven J Gray, Carsten G Bönnemann

Faculty, Staff and Student Publications

Background: Giant axonal neuropathy is a rare, autosomal recessive, pediatric, polysymptomatic, neurodegenerative disorder caused by biallelic loss-of-function variants in GAN, the gene encoding gigaxonin.

Methods: We conducted an intrathecal dose-escalation study of scAAV9/JeT-GAN (a self-complementary adeno-associated virus-based gene therapy containing the GAN transgene) in children with giant axonal neuropathy. Safety was the primary end point. The key secondary clinical end point was at least a 95% posterior probability of slowing the rate of change (i.e., slope) in the 32-item Motor Function Measure total percent score at 1 year after treatment, as compared with the pretreatment slope.

Results: One of …

Pilot Study To Assess The Effectiveness Of The Sustainable Culturally Adaptive Nutrition Program (Scan) To Improve Adherence To The National Diabetes Prevention Program, James J Yang, Serena A Rodriguez, Maha Almohamad, Catherine Pulicken, Ella Garza, Grace E White, Maria E Fernandez

Faculty, Staff and Student Publications

PURPOSE: The Sustainable Culturally Adapted Nutrition Program (SCAN) is a novel adaptation to the National Diabetes Prevention Program (NDPP) that aims to improve attendance and effectiveness. This paper presents its feasibility and impact through the initial 6-month outcomes.

DESIGN: A pragmatic quasi-experimental pilot study with intervention (DPP plus SCAN) and control (DPP only) groups.

SAMPLES AND INCLUSION CRITERIA: Sustainable Culturally Adapted Nutrition Program participants were recruited from federally qualified health center (FQHC) clinic patients enrolled in a NDPP in Houston, Texas. Participants needed to be (1) ≥18 years old, (2) body mass index >25, (3) no prior diagnosis of diabetes, …

Vanguards Of The Apocalypse: How Christian Eschatology Shaped Early Spanish And English Empire In The New World, Brandon Dull

Theses and Dissertations

This thesis explores the role of eschatology in shaping early Spanish and English colonial empire in the Americas. Historians of this period have been divided in acknowledging the role of religion, and by proxy eschatology, in the development of colonialism in the New World. By examining the way eschatology influenced colonial actors through tangible ways in how they conducted themselves or dictated policy, a narrative emerges that challenges the historiography that dismisses or downplays the spiritual in favor of solely the material. Individuals representing the Spanish and English empires were fervent believers that the end times were fast approaching, and …

Closing The Gap Between Theory And Practice To Promote Equity In Stem: Coaching Teachers With Udl Strategies To Empower Students, Debbie Langone

Theses & Dissertations

U.S. schools have witnessed educational reforms that have shifted science curriculum and pedagogy within classrooms. Yet, all these reforms have failed to reduce the racial and gender gaps in STEM fields. In 2016, New York State implemented the New York State Science Learning Standards (NYSSLS) to address these gaps. Problems remain, however, with the NYSSLS standards. The NYSSLS do not offer teachers pedagogical practices with regards to implementation. Students are expected to engage in practices as they emulate scientists, without any direction for teachers to support students through these practices, and they exemplify a deficit mindset by placing the blame …

Second Inflection Point Of Supercooled Water Surface Tension Induced By Hydrogen Bonds: A Molecular-Dynamics Study, Fawaz Hrahsheh, Inshad Jum'h, Gerald Wilemski

Physics Faculty Research & Creative Works

Surface Tension Of Supercooled Water Is A Fundamental Property In Various Scientific Processes. In This Study, We Perform Molecular Dynamics Simulations With The TIP4P-2005 Model To Investigate The Surface Tension Of Supercooled Water Down To 220 K. Our Results Show A Second Inflection Point (SIP) In The Surface Tension At Temperature TSIP ≈ 267.5 ± 2.3 K. Using An Extended IAPWS-E Functional Fit For The Water Surface Tension, We Calculate The Surface Excess Internal-Energy And Entropy Terms Of The Excess Helmholtz Free Energy. Similar To Prior Studies [Wang Et Al., Phys. Chem. Chem. Phys. 21, 3360 (2019); Gorfer Et Al., …

Mechanical Properties Of A Structural Component Processed In High-Pressure Die Casting (Hpdc) With A Non-Heat-Treated Aluminum Alloy, David Servando Cantú-Fernández, Jaime Taha-Tijerina, Alejandro González, Pablo Guajardo Hernández, Brian Quinn

Informatics and Engineering Systems Faculty Publications

This industrial research focuses on the implementation and development of a productive process for an automotive structural component (Shock tower) manufactured by a high-pressure die casting (HPDC) process made of aluminum alloy AuralTM-5. This aluminum alloy has been considered in diverse automotive and aerospace components that do not require heat treatment due to its mechanical properties as cast material (F temper). On the other hand, AuralTM-5 has been designed for processing as HPDC because it is an alloy with good fluidity, making it ideal for large castings with thin-wall thicknesses, like safety structural components such as rails, supports, rocker panels, …

Lepocreadiidae (Trematoda) Associated With Gelatinous Zooplankton (Cnidaria And Ctenophora) And Fishes In Australian And Japanese Waters, Thomas H. Cribb, Scott C. Cutmore, Nicholas Q.-X. Wee, Joanna G. Browne, Pablo Diaz Morales, Kylie A. Pitt

Harold W. Manter Laboratory of Parasitology: Library Materials

We examined gelatinous zooplankton from off eastern Australia for lepocreadiid trematode metacercariae. From 221 specimens of 17 species of cnidarian medusae and 218 specimens of four species of ctenophores, infections were found in seven cnidarian and two ctenophore species. Metacercariae were distinguished using cox1 mtDNA, ITS2 rDNA and morphology. We identified three species of Prodistomum Linton, 1910 [P. keyam Bray & Cribb, 1996, P. orientale (Layman, 1930), and Prodistomum Type 3], two species of Opechona Looss, 1907 [O. kahawai Bray & Cribb, 2003 and O. cf. olssoni], and Cephalolepidapedon saba Yamaguti, 1970. Two species were found in cnidarians …

A Quantum Logic Gate In The Dna Deoxyribose Moiety, F. Matthew Mihelic

Faculty Publications

The deoxyribose moiety of a nucleotide in the DNA molecule can act as a quantumlogic gate, in which the enantiomeric shift between the C2-endo and C3-endo conformations of each nucleotide, occurs within a logically and thermodynamically reversible situation of electron spin qubits, that are coherently held within the topologically insulating DNA crystalline nanostructure, and that are coherently conducted along the delocalized electrons of the pi-stacked nucleotide base pairs. The enantiomeric symmetry between the C2-endo and C3-endo conformations is logically and thermodynamically reversible because it functions as a symmetry-breaking Szilard engine that is effectively built out of the physicality of the …

La Voz Del Autor En El Discurso Médico Y Sus Implicaciones En Ele, David Sanchez-Jimenez

Publications and Research

La demanda de profesionales de la salud que pueden prestar atención lingüísticamente concordante al paciente en contextos multilingües explica el aumento de los cursos de español médico en el currículo de pregrado y posgrado en instituciones universitarias de Estados Unidos en las últimas décadas. El aprendizaje de los estudiantes matriculados en estos cursos requiere el conocimiento de las características retórico-discursivas propias de los principales géneros discursivos que estudian durante su carrera para fines específicos en el campo de la salud los alumnos universitarios de español, cuyo fin último será el de replicarlos eficazmente en su práctica profesional. Por ello, en …

Inclusion Teachers' Perceived Barriers To Meeting The Academic Needs Of Students With Disabilities, Caren Renee Carey

Walden Dissertations and Doctoral Studies

No abstract provided.

The Impact Of Depression Screening On Mental Health Referrals For Pain Patients., Pamela Lynn Irrgang Metz

Walden Dissertations and Doctoral Studies

No abstract provided.