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Reaching Backward And Stretching Forward: Teaching For Transfer In Law School Clinics, Shaun Archer, James Parry Eyster, James J. Kelly Jr., Tonya Kowalski, Colleen F. Shanahan

Journal Articles

In thinking about education, teachers may spend more time considering what to teach than how to teach. Unfortunately, traditional teaching techniques have limited effectiveness in their ability to help students retain and apply the knowledge either in later classes or in their professional work. What, then, is the value of our teaching efforts if students are unable to transfer the ideas and skills they have learned to later situations?

Teaching for transfer is important to the authors of this article, four clinical professors and one psychologist. The purpose of this article is to provide an introduction to some of the …

Judicial Review And Non-Enforcement At The Founding, Matthew J. Steilen

Journal Articles

This Article examines the relationship between judicial review and presidential non-enforcement of statutory law. Defenders of non-enforcement regularly argue that the justification for judicial review that prevailed at the time of the founding also justifies the president in declining to enforce unconstitutional laws. The argument is unsound. This Article shows that there is essentially no historical evidence, from ratification through the first decade under the Constitution, in support of a non-enforcement power. It also shows that the framers repeatedly made statements inconsistent with the supposition that the president could refuse to enforce laws he deemed unconstitutional. In contrast, during this …

Pre-Breakdown Arcing And Electrostatic Discharge In Dielectrics Under High Dc Electric Field Stress, Allen Andersen, Jr Dennison

Journal Articles

Highly disordered insulating materials exposed to high electric fields will, over time, degrade and fail, potentially causing catastrophic damage to devices. Step-up to electrostatic discharge (ESD) tests were performed for two common polymer dielectrics, low density polyethylene and polyimide. Pre-breakdown transient current spikes or arcs were observed, using both slow and high speed detection. These pre-ESD discharge phenomena are explained in terms of breakdown modes and defect generation on a microscopic scale. The field at which pre-breakdown arcing begins was compared to the onset field for electrostatic discharge at which complete breakdown occurs for each material studied. We present evidence …

The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey

Journal Articles

When lawyers think of legal analysis, they think chiefly of logic and reason. Stories are secondary. As Michael Smith explains, our legal system “is not founded on narrative reasoning” but on “a commitment to the rule of law.” The article suggests that this dichotomy between “rule-based reasoning” and “narrative reasoning” is false, and that narrative and stories are central to legal reasoning, including rule-based reasoning. In doing so, the article uses literary narrative theory to show that every governing legal rule has the structure of a “stock story”: the elements of the rule correspond to elements of a story. It …

Seeing It Coming Since 1945: State Bans And Regulations Of Crafty Sciences Speech And Activity, Christine Corcos

Journal Articles

No abstract provided.

Wilderness Exceptions, John Copeland Nagle

Journal Articles

This Article considers when activities that are inconsistent with wilderness are nonetheless allowed in it. That result happens in four different ways: (1) Congress decided not to designate an area as “wilderness” even though the area possesses wilderness characteristics; (2) Congress draws the boundaries of a wilderness area to exclude land that possesses wilderness characteristics because Congress wants to allow activities there that would be forbidden by the Act; (3) Congress specifically authorizes otherwise prohibited activities when it establishes a new wilderness area; or (4) Congress acts to approve contested activities in response to a controversy that arises after a …

Interpreting Secretary Perkins, Barry Cushman

Journal Articles

This essay is my contribution to an exchange with Professor Daniel R. Ernst of Georgetown University Law Center concerning the timing of a visit by Chief Justice Hughes and his wife to the Pennsylvania summer home of Justice Owen Roberts. In the 1950s, former Secretary of Labor Frances Perkins recounted in the oral history interview she gave to Columbia University that Mrs. Roberts had reported to her that Hughes and Roberts had held extended, private conversations during that visit. It has been argued by some scholars that the visit took place during the summer of 1936, shortly after the Court …

Locomotor Sensory Organization Test: A Novel Paradigm For The Assessment Of Sensory Contributions In Gait, Jung Hung Chien, Diderik-Jan Eikema, Mukul Mukherjee, Nicholas Stergiou

Journal Articles

Feedback based balance control requires the integration of visual, proprioceptive and vestibular input to detect the body’s movement within the environment. When the accuracy of sensory signals is compromised, the system reorganizes the relative contributions through a process of sensory recalibration, for upright postural stability to be maintained. Whereas this process has been studied extensively in standing using the Sensory Organization Test (SOT), less is known about these processes in more dynamic tasks such as locomotion. In the present study, ten healthy young adults performed the six conditions of the traditional SOT to quantify standing postural control when exposed to …

Locomotor Sensory Organization Test: A Novel Paradigm For The Assessment Of Sensory Contributions In Gait, Jung Hung Chien, Diderik Jan Anthony Eikema, Mukul Mukherjee, Nikolaos Stergiou

Journal Articles

Feedback based balance control requires the integration of visual, proprioceptive and vestibular input to detect the body’s movement within the environment. When the accuracy of sensory signals is compromised, the system reorganizes the relative contributions through a process of sensory recalibration, for upright postural stability to be maintained. Whereas this process has been studied extensively in standing using the Sensory Organization Test (SOT), less is known about these processes in more dynamic tasks such as locomotion. In the present study, ten healthy young adults performed the six conditions of the traditional SOT to quantify standing postural control when exposed to …

Gaze And Posture Coordinate Differently With The Complexity Of Visual Stimulus Motion, Joshua L. Haworth, Srikant Vallabhajosula, Nikolaos Stergiou

Journal Articles

In this study, we explored whether gaze and posture would exhibit coordination with the motion of a presented visual stimulus, specifically with regard to the complexity of the motion structure. Fourteen healthy adults viewed a set of four visual stimulus motion conditions, in both self-selected and semi-tandem stance, during which the stimulus moved horizontally across a screen, with position updated to follow a sine, chaos, surrogate, or random noise trajectory. Posture was measured using a standard force platform in self-selected and semi-tandem stance conditions while gaze was recorded using image-based eye-tracking equipment. Cross-correlation confirmed the continuous coordination of gaze with …

Cross-Border Shopping: A Research Proposal For A Comparison Of Service Encounters Of Canadian Cross-Border Shoppers Versus Canadian Domestic In-Shoppers, Brian A. Zinser, Gary Brunswick

Journal Articles

The phenomenon known as out-shopping behavior (also known as intermarket patronage) is further explored and analyzed within the context of international cross-border consumer behavior. The authors provide an extensive literature review and a set of research hypotheses, as well as a suggested research methodology, and argue that this research will allow for significant contributions to the literature on out-shopping, international cross-border shopping, and services marketing.

Influence Of The Bdnf Genotype On Amygdalo-Prefrontal White Matter Microstructure Is Linked To Nonconscious Attention Bias To Threat, Joshua M. Carlson, Jiook Cha, Eddie Harmon-Jones, Lilianne R. Mujica-Parodi, Greg Hajcak

Journal Articles

Cognitive processing biases, such as increased attention to threat, are gaining recognition as causal factors in anxiety. Yet, little is known about the anatomical pathway by which threat biases cognition and how genetic factors might influence the integrity of this pathway, and thus, behavior. For 40 normative adults, we reconstructed the entire amygdalo-prefrontal white matter tract (uncinate fasciculus) using diffusion tensor weighted MRI and probabilistic tractography to test the hypothesis that greater fiber integrity correlates with greater nonconscious attention bias to threat as measured by a backward masked dot-probe task. We used path analysis to investigate the relationship between brain-derived …

Cold Hard Fractals, David Buhl, Sam Morey

Journal Articles

Although many college mathematics students enjoy studying fractal geometry, more times than not, they question whether the content can be useful outside the classroom. This article describes a mathematical investigation that applied content from a fractal geometry unit to the real-world phenomena of ice formations on Lake Superior created by the recent winter.

An Exploratory Study Of User Resistance In Healthcare It, Madison Ngafeeson, Vishal Midha

Journal Articles

The US healthcare system is clearly experiencing a major transition. By 2015, the healthcare sector is expected to have migrated from a paper record system to a completely electronic health record (EHR) system. The adoption and use of these systems are expected to increase legibility, reduce costs, limit medical errors and improve the overall quality of healthcare. Hence, the US government is investing $70 billion over a 10-year period to facilitate the transition to an electronic system. However, early reports show that physicians and nurses among other health professionals continue to resist the full use of the system. This paper …

Lower Extremity Injury In Female Basketball Players Is Related To A Large Difference In Peak Eversion Torque Between Barefoot And Shod Conditions, Jenna M. Yentes, Max J. Kurz, Nikolaos Stergiou

Journal Articles

Background
The majority of injuries reported in female basketball players are ankle sprains and mechanisms leading to injury have been debated. Investigations into muscular imbalances in barefoot versus shod conditions and their relationship with injury severity have not been performed. The purpose of this study was to investigate the effects of wearing athletic shoes on muscular strength and its relationship to lower extremity injuries, specifically female basketball players due to the high incidence of ankle injuries in this population.

Methods
During pre-season, 11 female collegiate basketball players underwent inversion and eversion muscle strength testing using an isokinetic dynamometer in both …

The Fine Line Between 'Brave' And 'Reckless': Amygdala Reactivity And Regulation Predict Recognition Of Risk, Lilianne R. Mujica-Parodi

Journal Articles

No abstract provided.

The Influence Of Auditory-Motor Coupling On Fractal Dynamics In Human Gait, Nathaniel Hunt, Denise Mcgrath, Nikolaos Stergiou

Journal Articles

Humans exhibit an innate ability to synchronize their movements to music. The field of gait rehabilitation has sought to capitalize on this phenomenon by invoking patients to walk in time to rhythmic auditory cues with a view to improving pathological gait. However, the temporal structure of the auditory cue, and hence the temporal structure of the target behavior has not been sufficiently explored. This study reveals the plasticity of auditory-motor coupling in human walking in relation to ‘complex’ auditory cues. The authors demonstrate that auditory-motor coupling can be driven by different coloured auditory noise signals (e.g. white, brown), shifting the …

Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew

Journal Articles

In 2011, with five words of dicta, the Supreme Court opened Pandora’s box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court placed a significant obstacle in the path of antitrust class actions. Following the Supreme Court’s lead, most courts now permit parties to bring expert challenges far earlier than the traditional summary judgment or pretrial timing. Premature rejection of expert testimony dooms budding private antitrust suits — cases that play an essential role in modern antitrust enforcement. The dangers for private antitrust plaintiffs are compounded by the Court’s …

Tipping The Scales In Favor Of Charitable Bequests: A Critique, Elizabeth Carter

Journal Articles

This paper considers the public policy favoring testamentary bequests to charity and offers a critique of that policy. Public policy favors testamentary bequests to charity. At least, that is the claim of numerous courts and legislative bodies. The policy favoring charitable bequests may tip the scales in deciding the proper interpretation of a will or the merits of an undue influence, incapacity, or tortuous interference with inheritance claim. Paradoxically, courts and legislative bodies rarely discuss the source of this public policy. Nor do they inquire into the wisdom of the policy. They should.

Why Retributivism Needs Consequentialism: The Rightful Place Of Revenge In The Criminal Justice System, Ken Levy

Journal Articles

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to …

Dynamic Forest Federalism, Blake Hudson

Journal Articles

State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically — the constitutional validity of expanded federal regulatory authority over resources has …

Public Workforce Programs During The Great Recession, Stephen A. Wandner, Randall W. Eberts

Journal Articles

No abstract provided.

Reward Dysfunction In Major Depression: Multimodal Neuroimaging Evidence For Refining The Melancholic Phenotype, Dan Foti, Joshua M. Carlson, Colin L. Sauder, Greg H. Proudfit

Journal Articles

No abstract provided.

Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett

Journal Articles

We live in an era of parental choice. Today, forty-two states and the District of Columbia authorize charter schools, and twenty states and the District of Columbia permit students to use public funds to attend a private school. During the 2012-2013 school year, nearly 2 million children attended charter schools, and nearly 250,000 children received publicly funded scholarship to attend a private school. The expanding menu of publicly funded educational options is one (but by no means the only) factor contributing to the current, intensely controversial, waves of urban public school closures. In school-closure debates, proponents of traditional public schools …

Adaptation And Prosthesis Effects On Stride-To-Stride Fluctuations In Amputee Gait, Shane R. Wurdeman, Sara A. Myers, Adam L. Jacobsen, Nikolaos Stergiou

Journal Articles

Twenty-four individuals with transtibial amputation were recruited to a randomized, crossover design study to examine stride-to-stride fluctuations of lower limb joint flexion/extension time series using the largest Lyapunov exponent (λ). Each individual wore a “more appropriate” and a “less appropriate” prosthesis design based on the subject's previous functional classification for a three week adaptation period. Results showed decreased λ for the sound ankle compared to the prosthetic ankle (F_1,23 = 13.897, p = 0.001) and a decreased λ for the “more appropriate” prosthesis (F_1,23 = 4.849, p = 0.038). There was also a significant effect for the time …

Pattern Of Mutation Rates In The Germline Of Drosophila Melanogaster Males From A Large-Scale Mutation Screening Experiment., Jian-Jun Gao, Xue-Rong Pan, Jing Hu, Li Ma, Jian-Min Wu, Ye-Lin Shao, Shi-Meng Ai, Shu-Qun Liu, Sara A Barton, Ronny C Woodruff, Ya-Ping Zhang, Yun-Xin Fu

Journal Articles

The sperm or eggs of sexual organisms go through a series of cell divisions from the fertilized egg; mutations can occur at each division. Mutations in the lineage of cells leading to the sperm or eggs are of particular importance because many such mutations may be shared by somatic tissues and also may be inherited, thus having a lasting consequence. For decades, little has been known about the pattern of the mutation rates along the germline development. Recently it was shown from a small portion of data that resulted from a large-scale mutation screening experiment that the rates of recessive …

Prioritizing Non-Marine Invertebrate Taxa For Red Listing, Neil Cumberlidge, Justin Gerlach Phd

Journal Articles

The IUCN Red List of threatened species is biased towards vertebrate animals, a major limitation on its utility for overall biodiversity assessment. There is a need to increase the representation of invertebrates (currently 21 % of species assessed on the List;\1 % of all invertebrates). A prioritisation system of terrestrial and freshwater groups is presented here, categorising taxa by species richness, assessment practicality, value for human land use and bioindication, and potential to act as conservation flagships. 25 major taxonomic groupings were identified as priorities, including the Annelida, Arthropoda, Mollusca and Onycophora. Of these, the high-level taxa that emerge as …

Local Regulatory Protection For Ecosystem Services: A Case Study From The Karst Region Of Southeast Minnesota, Usa, Mary A. Williams, Susy Ziegler

Journal Articles

Human communities depend upon a myriad of ecosystem goods and services, which are produced by and depend on natural environmental processes occurring at multiple temporal and spatial scales. Land-use policy seldom recognizes the importance of these services or the environmental processes generating these services. This study examined the degree to which ecosystem services and supporting environmental processes are regulated at two United States municipal levels: city and county. Several ecosystem services but few environmental processes are regulated to some extent. We identified policy needs for environmentally sensitive karst features, aquifer recharge, groundwater quality, plant and animal populations, and flood mitigation. …

Sitting And Looking: The Development Of Stability And Visual Exploration, Regina T. Harbourne, Bridget O. Ryalls, Nikolaos Stergiou

Journal Articles

This longitudinal study focused on the interaction of developing sitting postural control with look time, which served as a measure for cognitive processing. Twenty-eight typically developing infants and 16 infants with motor delays were evaluated using center-of-pressure measures to assess stability of sitting postural control and videography to assess look time at objects, at three progressive stages of sitting development. Results indicated that look time decreased significantly in conjunction with a significant increase in postural stability in both groups as sitting progressed to independence. Infants with motor delays showed significantly longer looks when compared to typical infants at the middle …

Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski

Journal Articles

All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …