Digital Commons Network^™

Fluid Boundaries And The Assertion Of Difference In Low-Caste Religious Identity, Nancy M. Martin

Religious Studies Faculty Books and Book Chapters

"The boundaries of religious traditions are being actively contested in India today, though in practice their internal and external structures are fl uid and open. Each religion takes a wide array of forms, refl ecting the diversity of the communities and adherents who fi nd relevance and meaning within it, and symbols and practices fl ow readily across what prove to be very permeable and overlapping boundaries between religious traditions. However, religion has been used by the powerful to assert and maintain dominance and in national and regional communal politics, at times fanning the fl ames of extreme violence. Fundamentalists …

Food Webs And Food Sovereignty: Research Agenda For Sustainability, Charles A. Francis, Michelle Miller, Molly Anderson, Nancy Creamer, Michelle Wander, Jacob Park, Thomas Green, Brent Mccown

Department of Agronomy and Horticulture: Faculty Publications

Future food production will be constrained by the scarcity of fossil fuel and fresh water as well as increasing intensity and unpredictability of weather events and climate changes. The assurance of food security and equity for many consumers is complicated by concentration of ownership of land and other production resources, as well as a global corporate food systems model that is driven by profit at the expense of people and the environment. To assess potential alternatives to the contemporary global food chain, well focused research is needed on local food production and food webs where small- and midscale family farms …

Seed Burial Physical Environment Explains Departures From Regional Hydrothermal Model Of Giant Ragweed (Ambrosia Trifida) Seedling Emergence In U.S. Midwest, Adam S. Davis, Sharon Clay, John Cardina, Anita Dille, Frank Forcella, John Lindquist, Christy Sprague

Department of Agronomy and Horticulture: Faculty Publications

Robust predictions of weed seedling emergence from the soil seedbank are needed to aid weed management. A common seed accession (Illinois) of giant ragweed was buried in replicate experimental gardens over 18 site years in Illinois, Michigan, Kansas, Nebraska, Ohio, and South Dakota to examine the importance of site and climate variability by year on seedling emergence. In a nonlinear mixed-effects modeling approach, we used a flexible sigmoidal function (Weibull) to model giant ragweed cumulative seedling emergence in relation to hydrothermal time accumulated in each site-year. An iterative search method across a range of base temperature (T_b) …

Une Gourmandise: Mots, Mets, Et Ecriture Féminine, Véronique Olivier

World Languages and Cultures Faculty Articles and Research

I propose to look at the short gastronomic novel by Muriel Barbery, published in 2000, and the art of speech. Under his apparent logocentric language, male or misogynist, Une Gourmandise unveiled a feminine handwriting that can be understood in the light of the work of Helene Cixous. This article explores the subject of food and its relationship to the writing, following the trail of one of the most eminent Parisian food critics, on the eve of his death.

Je propose de regarder le court roman gastronomique de Muriel Barbery, paru en 2000, et l'art du discours. Sous son apparent langage …

Bennett On Parts Twice Over, Anthony Fisher

Philosophy Faculty Scholarship

In this paper I outline the main features of Karen Bennett’s (2011) non-classical mereology, and identify its methodological costs. I argue that Bennett’s mereology cannot account for the composition of structural universals because it cannot explain the mereological difference between isomeric universals, such as being butane and being isobutane. I consider responses, which come at costs to the view.

Commandeering And Constitutional Change, Jud Campbell

Law Faculty Publications

Coming in the midst of the Rehnquist Court’s federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority’s discussion of historical evidence, however, inverted Founding-era perspectives. When Federalists such as Alexander Hamilton endorsed commandeering during the ratification debates, they were not seeking to expand federal power. Quite the opposite. The Federalists capitulated to states’ rights advocates who had recently rejected a continental impost tax because Hamilton, among others, insisted on hiring federal collectors rather than commandeering state collectors. The commandeering power, it turns …

Patent Applications And The Performance Of The U.S. Patent And Trademark Office, Christopher A. Cotropia

Law Faculty Publications

This Article reports data and analyses to facilitate answering these questions. The reported data was obtained from two sources. The first is the Workload Tables from the USPTO annual reports, called the "USPTO Performance and Accountability Reports," provided to the President, Congress, and public.' The second is data received from the USPTO in response to Freedom of Information Act ("FOIA") requests.3 From these two data sources, information such as the number of applications filed per year, the type of applications being filed and prosecuted, the pendency of these applications, and their disposition, including the number of them issued as patents, …

Discovering E-Discovery: A Resources Guide, Timothy L. Coggins

Law Faculty Publications

E-discovery refers to discovery in civil litigation that focuses on the exchange of information in electronic form. Lainie Crouch Kaiser, a litigation attorney with McDermott Will & Emery, writes that “e-Discovery can be used as an umbrella term for both the legal and operational considerations related to how electronically stored information (ESI) is used in the modern day practice of law.”There are many types of ESI, including e-mail and office documents, voicemail, photos, video, and databases. Attorneys and others who write about e-discovery also include “raw data” as discoverable information. Ronald J. Hedges of Nixon Peabody writes that “[t]echnically, documents …

The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers Jr.

Law Faculty Publications

This essay briefly addresses the limited fashion in which Title VII remedies sex discrimination in the workplace. Those limitations fall into three broad categories. The first encompasses how courts have applied procedural rules to Title VII claims. The second involves Title VII's explicit limitation on its coverage. The third includes substantive limitations that courts have placed on causes of action that are clearly covered by Title VII. This essay addresses those categories in turn.

Tribute To Chief Justice Harry L. Carrico, John G. Douglass

Law Faculty Publications

An insightful personal perspective of Chief Justice Harry L. Carrico by Professor John G. Douglass.

Tips For Capturing 2014 Federal Court Clerkships, Carl W. Tobias

Law Faculty Publications

Now is a perfect moment for analyzing 2014 clerkships because law students across the country have completed their productive summer employment and are poised to commence their final year. Below are ideas which could help aspirants secure those coveted positions that start during next August.

Or A Treaty Of The United States: Treaties And The Alien Tort Statute After Kiobel, Geoffrey R. Watson

Scholarly Articles

The decision in Kiobel v. Royal Dutch Petroleum Co. left open a number of questions about the scope of the Alien Tort Statute (ATS). One such question is the extent to which Kiobel ’s holding on extraterritoriality applies to the oft-neglected final words of the ATS: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” What if one such treaty obliged the United States to provide a civil forum for litigation ofhumanrights violations that occurred abroad …

Conservation Easements: Design Flaws, Enforcement Challenges, And Reform, Roger Colinvaux

Scholarly Articles

The charitable deduction for conservation easements promises a conservation benefit, lasting forever. Millions of acres have been protected by deductible conservation easements. On average over $1.5 billion are claimed in easement contributions each year, not including corporate contributions. The deduction, however, has serious problems. As use of the incentive has grown, doubts about the public benefit conveyed by conservation easements and significant enforcement difficulties have led to increased scrutiny of land trusts and to a growing chorus of calls for reform of the tax benefit and state laws governing easements. This Essay argues that it is because the tax incentive …

Taxing Privacy, Hayes R. Holderness

Law Faculty Publications

In the United States, many low-income citizens are being held to a harsher standard than wealthier citizens — these low-income citizens are being asked to relinquish their privacy in order to obtain the public assistance they need, whereas wealthier individuals are not subjected to similar levels of public scrutiny for government benefits that they claim. Giving up privacy can have devastating effects on individuals’ lives — they may suffer various dignitary harms, may experience repressed abilities to express themselves, and may even be coerced into important life decisions by the government. This situation presents a unique problem to the neediest …

Resolution Vi: The Virginia Plan And Authority To Resolve Collective Action Problems Under Article I, Section 8, Kurt T. Lash

Law Faculty Publications

The article presents on the general principles of limited enumerated federal power followed by the courts of the U.S. used for determining scope of national authority. The declaration of Resolution VI under which the U.S. Congress has the power for regulating collective action problems having national importance is discussed. The historical evidences of Resolution VI, the debates related to ratification and the errors in historical facts are also discussed.

Inkblot: The Ninth Amendment As Textual Justification For Judicial Enforcement Of The Right To Privacy, Kurt T. Lash

Law Faculty Publications

One of the more indelible moments in late twentieth century legal discourse occurred when Judge Robert Bork described the proper response of a judge confronted with the Ninth Amendment. Nominated to replace retiring Supreme Court Justice Lewis Powell, Judge Bork appeared before the Senate Judiciary Committee and declared that courts had no business enforcing the mysterious clause at all. Given the scarcity of historical evidence regarding the original meaning of the amendment, using the Ninth Amendment to strike down a law would say more about the predilections of the judge than the requirements of the text. Here is the famous …

Research Strategies, Maureen Moran

Law Faculty Publications

It is 3 a .m. and you are up, prepping for class. Again. You have reading to do for Torts, for Contracts, and for Civil Procedure, and if you fall behind even one day, you will be spending hours late at night for the next few days trying to catch up. Or, worse, you will be unprepared and that will be the day your professor will call on you. And to add to your stress, you have a research project for your legal writing class due in less than two days, and you have not even started. Your professor told …

Foreign And International Legal Research, Maureen Moran

Law Faculty Publications

As you have been learning, the American legal system is only one of hundreds in the world. Each of those legal systems has its own rules, sources, and authorities. But these systems do not exist in a vacuum. What rules govern when two or more States or entities interact? What are the enforcement mechanisms? The study of these questions comprises the fields of foreign law and international law. The purpose of this chapter is not to give you a comprehensive review of all the resources available for researching this vast field of law. Rather, the goal is to give you …

Big Media In Copyright Litigation, James Gibson

Law Faculty Publications

What role does Big Media play in the courtroom?

Major media companies are often portrayed as aggressive drivers of expansive copyright, dominating every aspect of the legal landscape. When it comes to litigation, however, the truth is more nuanced. My colleague Chris Cotropia and I have recently completed a data collection project in which we examined pleadings from approximately 1,000 copyright cases filed over a four-year period (a statistically significant sample). We are still crunching the numbers, but what we’ve learned so far indicates that record labels, film studios, major software companies, and other behemoths of the copyright world end …

Four Ways In Which Kirtsaeng Might Be Undone, James Gibson

Law Faculty Publications

In my previous entry in this series, I discussed the Supreme Court’s long-awaited decision in Kirtsaeng v. John Wiley & Sons, involving the unauthorized resale in the United States of textbooks purchased overseas. Indeed, the Kirtsaeng case and the issue it presented have been a popular subject of IP Issues commentary; before the Supreme Court ruling, I wrote on the issue here and here, and Randy Picker had some commentary both beforeand after the opinion came down.

You can read those earlier entries for the details, but the outcome of the case is clear: U.S. copyright law does not prohibit …

Finally, An Answer On Copyright, First Sale, And The Gray Market, James Gibson

Law Faculty Publications

In two past entries in this series, here and here, I discussed whether copyrighted goods manufactured abroad may be resold in the United States without having to get a new license from the copyright owner. When the goods are pirated – manufactured illegally – the answer is clearly no; that’s a classic black-market sale. But when the goods were manufactured abroad with the copyright owner’s consent, well, that’s different. In that case, the resale is what we call a gray-market sale. And there, the answer is less clear.

Or at least it was. But at long last, and after one …

Local Connections To Global Collections: The Power Of Interlibrary Loan Services, Beth Posner

Publications and Research

Interlibrary loan services facilitate access to both print and digital information, be it from other libraries nearby or from around the world. ILL librarians and staff members also provide integrated, or global, access to library and information services, in general. They help patrons discover holdings in their own local collections, online open access material, and items available only for purchase from publishers or booksellers. By working closely with colleagues in other libraries, and despite copyright and license restrictions on the sharing of information, as well as limits in budget and staffing, library resource sharing specialists offer both global information and …

A Microfluidic Anti-Factor Xa Assay Device For Point-Of-Care Monitoring Of Anticoagulation Therapy, Leanne F. Harris, Paul Rainey, Vanessa Castro-Lopez, James S. O'Donnell, Anthony J. Killard

Articles

The development of new point-of-care coagulation assay devices is necessary due to the increasing number of patients requiring long-term anticoagulation in addition to the desire for appropriate, targeted anticoagulant therapy and a more rapid response to optimization of treatment. However, the majority of point-of-care devices currently available for hemostasis testing rely on clot-based endpoints which are variable and unreliable and are limited to measuring only certain portions of the coagulation pathway. There is a need for the introduction of point-of-care devices that can execute a broader range of tests; for example, the diagnosis of factor-specific diseases, as well as more …

2013 Spring - Veterans Upward Bound Newsletter, Veterans Upward Bound, East Tennessee State University

Veterans Upward Bound Newsletters

No abstract provided.

Joint Utility Of Event- Dependent And Environmental Crime Analysis Techniques For Violent Crime Forecasting, Joel M. Caplan, Leslie W. Kennedy, Eric L. Piza

Publications and Research

Violent crime incidents occurring in Irvington, New Jersey, in 2007 and 2008 are used to assess the joint analytical capabilities of point pattern analysis, hotspot mapping, near-repeat analysis, and risk terrain modeling. One approach to crime analysis suggests that the best way to predict future crime occurrence is to use past behavior, such as actual incidents or collections of incidents, as indicators of future behavior. An alternative approach is to consider the environment in which crimes occur and identify features of the landscape that would be conducive to crime. Thanks to advances in geographic information system technology and federally funded …

Out On The Land: Income, Subsistence Activities, And Food Sharing Networks In Nain, Labrador, Kirk Dombrowski, Emily Channell, Bilal Khan, Joshua Moses, Evan Misshula

Publications and Research

In recent Inuit ethnography, a major concern has been how and to what extent contemporary Inuit participate in and depend on subsistence activities, particularly in the context of increasing wage employment and growing participation in the cash economy. This paper provides an analysis of these activities in the predominately Inuit community of Nain, Labrador. Using social network data and demographic information collected between January and June 2010, we examine the interconnections between subsistence activities—obtaining “country food” through activities such as hunting, fishing, and collecting—with access to the means of obtaining subsistence resources (such as snow mobiles, cabins, and boats), employment …

Bridging The Gap Between Health And Justice, Lior Gideon

Publications and Research

No abstract provided.

Democratizing Indian Popular Music: From Cassette Culture To The Digital Era, Peter L. Manuel

Publications and Research

The history of Indian popular music constitutes in itself a significant development in modern culture, as this set of genres—especially but not only in their Bollywood forms—have been cherished by hundreds of millions of listeners not only in South Asia but internationally as well. At the same time, the trajectory of Indian popular music represents a dramatic case study of media culture as well, as its patterns of ownership, consumption, and even musical structures themselves have been conditioned by technological changes. Most striking is the way that a highly monopolized, streamlined, and homogeneous popular music culture dominated for several decades …

Music Cultures Of Mechanical Reproduction, Peter L. Manuel

Publications and Research

Popular musics arc best understood as comprising those genres whose styles have evolved in an inextricable relation with their dissemination via the mass media and their marketing and sale on a mass-commodity basis. While much popular-music activity takes place independently of the mass media, other essential aspects of popular-music production and marketing arc inevitably inseparable from technologies of mechanical reproduction, which perforce condition aspects of music culture in general. Hence, just as one could speak of military cultures based around the stirrup, or later the firearm, or agrarian cultures based on the hoe, the ox, or the tractor, so do …

Legal Issues With The Electronic Health Record, Hannah Jackson

Applied Research Projects

Introduction

The purpose of this paper is to make readers aware of the legal issues in the electronic health record (EHR) and the risks involved so they can be prepared. It is also to help provide solution to those who are already dealing with the risks. The goal of this Project is to reach out to health care facilities who are about to embark on a new chapter in health care that we call, the EHR. Everyone should know the risks of a product before purchasing and that is what my research will show.

Method

I used The Journal of …