Digital Commons Network^™

A Continuum In Remedies: Reconnecting Vacant Houses To The Market, James J. Kelly Jr.

Journal Articles

For decades, America’s older, undercrowded cities have struggled with neighborhoods beset by vacant houses that seemingly have no connection with a functioning real estate market. A nationwide foreclosure crisis has brought even greater attention to the need for inner-city communities to address vacant house nuisances. This paper argues that recent developments in property theory help us understand and complete reforms of legal remedies that address this continuing national need.

Traditional, in personam code enforcement remedies emanate from a legal understanding of real estate ownership as the strongest of property-rule-protected entitlements. Local government authorities hold owners directly accountable for any failures …

Sharing The Wealth, James J. Kelly Jr.

Journal Articles

This review of the textbook, "Community Economic Development Law" (Aspen 2013), written by Susan Bennett, Brenda Bratton Blom, Louise Howells and Deborah Kenn, appeared in the Vol. 22, No.1 issue of the Journal of Affordable Housing and Community Economic Development Law.

Surveillance And Movements Of Virginia Opossum (Didelphis Virginiana) In The Bovine Tuberculosis Region Of Michigan, W. D. Walter, J. W. Fischer, C. W. Anderson, D. R. Marks, T. J. Deliberto, S. Robbe-Austerman, K. C. Vercauteren

United States Department of Agriculture Wildlife Services: Staff Publications

Wildlife reservoir hosts of bovine tuberculosis (bTB) include Eurasian badgers (Meles meles) and brushtail possum (Trichosurus vulpecula) in the UK and New Zealand, respectively. Similar species warrant further investigation in the northern lower peninsula of Michigan, USA due to the continued presence of bTB on cattle farms. Most research in Michigan, USA has focused on interactions between white-tailed deer (Odocoileus virginianus) and cattle (Bos taurus) for the transmission of the infectious agent of bTB, Mycobacterium bovis, due to high deer densities and feeding practices. However, limited data are available on medium-sized mammals …

Oral Rabies Vaccination Variation In Tetracycline Biomarking Among Ohio Raccoons, Timothy P. Algeo, Gary Norhenberg, Robert Hale, Andrew Montoney, Richard B. Chipman, Dennis Slate

United States Department of Agriculture Wildlife Services: Staff Publications

Oral rabies vaccination (ORV) programs have traditionally relied on tetracycline marking as an index to bait uptake. Whether tetracycline serves well in this capacity depends on its deposition affinity and ability to be detected consistently among tissues selected for analysis from target species. We evaluated samples from 760 hunter-harvested raccoons (Procyon lotor) from areas in Ohio where ORV had been conducted during 1998, 1999, and 2001. Tetracycline marking was evaluated within and among first premolar (PM1), second premolar (PM2), and canine (CN) teeth, and mandibular bone (MB) by side (left versus right); and by tissue type. Tetracycline detection ranged from …

Survey On Humanities Graduate Education And Alternative Academic Careers (Employer Survey), Katina Rogers

Publications and Research

As humanities scholars increasingly recognize the value of public engagement, and as the proportion of tenure-track faculty positions available to new graduates continues to decline, many humanities programs are focusing renewed attention on equipping graduate students for careers as scholars both within and beyond academe. To support those efforts, the Scholarly Communication Institute has carried out a study investigating perceptions about career preparation provided by humanities graduate programs. The survey results help to create a more solid foundation on which to base curricular reform and new initiatives by moving the conversation about varied career paths from anecdote to data. The …

Silvertone, Dzvinia Orlowsky

English Faculty Publications

These poems both celebrate and question the psychological existence we give to the objects that define our lives: the silver spoon from which the speaker sips, during each Epiphany, the sacred Borscht which she later catches her mother, after guests have left, pouring down the drain; the acoustic guitar on which the speaker’s father strums his minor-keyed songs from Ukraine; or the granite bust of a national poet that, in the hot sun, fails to inspire. With heart and humor the speaker examines what stays, goes, and how every object, once illuminated by the past, has the ability to take …

Collective Representation Of Workers In The United States: Evolution Of Legal Regimes Concerning Collective Autonomy And Freedom Of Association, Barbara J. Fick

Journal Articles

The United States Constitution does not directly address the collective representation of workers. The First Amendment right to freedom of association has, however, been interpreted to protect the right of individuals to form and join trade unions. This Article discusses the evolution of legal regimes concerning collective autonomy and freedom of association within the United States.

Refining Thoughts On Culture: Insights Derived From Australia And New Zealand, Kevin D. Lo, Amanda Budde-Sung

Organization, Leadership, and Communication

Culture and cross-cultural differences are increasingly important in international business and management. However, the existing models of national culture may not accurately reflect intra-cultural and intra-regional variation. We examine Australia and New Zealand as examples of the national model of culture falling short with respect to both cultural clustering and intracultural variation. Given that both of these countries are attaining greater prominence in international business, we highlight the need to consider their uniqueness and what we can learn for both management research and practice. As we call attention to the important distinctions that

Quadricuspid Aortic Valve With Aortic Regurgitation: A Rare Echocardiographic Finding., Javed Tai, Abid Laghari, Cyrus Tariq Gill

Department of Medicine

We report on a middle-aged woman treated for chronic hepatitis C virus infection with pegylated interferon. Auscultation revealed a diastolic murmur and the peripheral signs of aortic regurgitation. She had shortness of breath on moderate exertion for the past 4 months, which she attributed to her liver disease. Echocardiogram showed a quadricuspid aortic valve with severe aortic regurgitation. She was referred to a cardiothoracic surgeon for aortic valve replacement (AVR). However, she decided against AVR despite detailed counselling, and opted for medical treatment.

Asbestos Risk Assessment In Pakistan: Current Scenario And Way Forward, Adeel Ahmed Khan, Asaad Ahmed Nafees, Zafar Fatmi

Community Health Sciences

No abstract provided.

What Are The New Therapeutic Alternatives To Warfarin In Atrial Fibrillation?, Syed Habibullah Kamran, Ayeesha Kamran Kamal, Syeda Maria Muzammil

Department of Medicine

No abstract provided.

Perception And Decision At The Threshold Of Tort Law: Explaining The Infrequency Of Claims, David M. Engel

Journal Articles

Although numerous studies have confirmed that tort victims rarely litigate and that most simply "lump" their losses, we lack an understanding of why this should be so. Why do the vast majority of injured persons choose inaction over action? Explanations relying on rational actor theories on the one hand or cultural determinism on the other have been sharply challenged by recent studies of mind, culture, and cognition, particularly with respect to individual responses to physical trauma and disablement. This article, drawing on a broad interdisciplinary literature dealing with injury victims, proposes a new model of perception and decision by persons …

Structural Overdelegation In Criminal Procedure, Anthony O'Rourke

Journal Articles

In function, if not in form, criminal procedure is a type of delegation. It requires courts to select constitutional objectives, and to decide how much discretionary authority to allocate to law enforcement officials in order to implement those objectives. By recognizing this process for what it is, this Article identifies a previously unseen phenomenon that inheres in the structure of criminal procedure decision-making.

Criminal procedure’s decision-making structure, this Article argues, pressures the Supreme Court to delegate more discretionary authority to law enforcement officials than the Court’s constitutional objectives can justify. By definition, this systematic “overdelegation” does not result from the …

Green Harms Of Green Projects, John Copeland Nagle

Journal Articles

This article describes the recent development of renewable energy to examine environmental law’s three contrasting approaches to the green harms of green projects. Sometimes the law allows the green benefit regardless of the green harm. Sometimes the law prohibits the green harm regardless of the green benefit. And sometimes the law allows a balancing of all of the harms and benefits, green or not. Given these options, I argue that the law should not ignore or understate green harms even if they are caused by green projects. There are some types of green harms that no benefit can justify. But …

Vitamin D Accelerates Clinical Recovery From Tuberculosis: Results Of The Succinct Study [Supplementary Cholecalciferol In Recovery From Tuberculosis]. A Randomized, Placebo-Controlled, Clinical Trial Of Vitamin D Supplementation In Patients With Pulmonary Tuberculosis'., Nawal Salahuddin, Farheen Ali, Zahra Hasan, Nisar Rao, Masooma Aqeel, Syed Faisal Mahmood

Department of Medicine

BACKGROUND:

Vitamin D enhances host protective immune responses to Mycobacterium tuberculosis by suppressing Interferon-gamma (IFN-g) and reducing disease associated inflammation in the host. The objectives of this study were to determine whether vitamin Dsupplementation to patients with tuberculosis (TB) could influence recovery.

METHODS:

Two hundred and fifty nine patients with pulmonary TB were randomized to receive either 600,000 IU of Intramuscular vitamin D3 or placebo for 2 doses. Assessments were performed at 4, 8 and 12 weeks. Early secreted and T cell activated 6 kDa (ESAT6) and Mycobacterium tuberculosis sonicate (MTBs) antigen induced whole blood stimulated IFN-g responses were measured …

Insight Into Implementation Of Facility-Based Integrated Management Of Childhood Illness Strategy In A Rural District Of Sindh, Pakistan, Nousheen Akber Pradhan, Narjis Rizvi, Neelofar Sami, Xaher Gul

Community Health Sciences

Background Integrated management of childhood illnesses (IMCI) strategy has been proven to improve health outcomes in children under 5 years of age. Pakistan, despite being in the late implementation phase of the strategy, continues to report high under-five mortality due to pneumonia, diarrhea, measles, and malnutrition - the main targets of the strategy. Objective The study determines the factors influencing IMCI implementation at public-sector primary health care (PHC) facilities in Matiari district, Sindh, Pakistan. Design An exploratory qualitative study with an embedded quantitative strand was conducted. The qualitative part included 16 in-depth interviews (IDIs) with stakeholders which included planners and …

Mers-Cov - Are We On The Verge Of A Pandemic?, Bushra Jamil, Kiren Habib

Department of Medicine

No abstract provided.

Precedent And Reliance, Randy J. Kozel

Journal Articles

Among the most prevalent justifications for deference to judicial precedent is the protection of reliance interests. The theory is that when judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change. Yet there remains a fundamental question as to why reliance on precedent warrants judicial protection in the first place.

This Article explores the dynamics and implications of precedential reliance. It contends that the case for protecting reliance on precedent is uncertain. There are several reasons why reliance might potentially be worth protecting, but all are subject to serious limitations or challenges. To bolster the …

The Psychology Of Competition: A Social Comparison Perspective, Stephen M. Garcia, Avishalom Tor, Tyrone M. Schiff

Journal Articles

Social comparison—the tendency to self-evaluate by comparing ourselves to others—is an important source of competitive behavior. We propose a new model that distinguishes between individual and situational factors that increase social comparison and thus lead to a range of competitive attitudes and behavior. Individual factors are those that vary from person to person: the relevance of the performance dimension, the similarity of rivals, and their relationship closeness to the individual, as well as the various individual differences variables relating to social comparison more generally. Situational factors, conversely, are those factors on the social comparison landscape that affect similarly situated individuals: …

Site-Specific Laws, John Copeland Nagle

Journal Articles

Congress often enacts statutes that only apply to a specific place. This essay identifies the instances in which site-specific legislation is appropriate. It recounts the uses of such legislation, the theoretical debate surrounding it, and the circumstances in which it is desirable. Site-specific legislation plays an important role in enabling Congress to prescribe its preferred policy even when agreement on broader legislation. My suggestion, therefore, is that general legislation should remain the default for congressional action, but site-specific legislation is appropriate when (a) there are convincing reasons for adopting special rules for a particular place, (b) there is no agreement …

The Court-Packing Plan As Symptom, Casualty, And Cause Of Gridlock, Barry Cushman

Journal Articles

This essay, prepared for the Notre Dame Law Review's Symposium, “The American Congress: Legal Implications of Gridlock,” considers three ways in which President Franklin D. Roosevelt’s 1937 Court-packing bill was related to the phenomenon of gridlock in the 1930s. First, as FDR's public remarks on the subject demonstrate, he believed that the early New Deal was a victim of partisan gridlock between the Democrat-controlled political branches and the Republican-controlled judiciary. Moreover, he did not believe that the impasse could be overcome through an amendment to the Constitution, for he regarded Article V's supermajority requirements as virtually encoding gridlock into the …

Proposal For A National Mortgage Registry: Mers Done Right, A , Dale A. Whitman

Missouri Law Review

In this Article, Professor Whitman analyzes the existing legal regime for transfers of notes and mortgages on the secondary market, and concludes that it is highly inconvenient and dysfunctional, with the result that large numbers of market participants simply did not observe its rules during the huge market run-up of the early and mid-2000s. He also considers Mortgage Electronic Registration System (MERS), which was designed to alleviate the inconveniences of repeatedly recording mortgage assignments, but concludes that it was conceptually flawed and has proven to be an inadequate response to the problem. For these reasons the legal system was ill-prepared …

Corporate Gatekeeper In Ethical Perspective, The , Christopher T. Hines

Missouri Law Review

The fallout from the financial crisis continues to inform the development of corporate and securities law, and the new regulatory landscape for economic activity within the United States is beginning to take form. This evolutionary process, however, has been anything but stable or certain. As might be expected, in concert with such momentous change in law and policy, recriminations for and associated investigations of past activity continue to affect competent regulators as well as market participants. Nevertheless, while many of the underlying causes of the financial crisis are now better understood by both policy makers and scholars, the question remains …

Two Wrongs Do Not Make A Right: Reconsidering The Application Of Comparative Fault To Punitive Damage Awards , Victor E. Schwartz, Christopher E. Appel

Missouri Law Review

The purpose of this Article is to reexamine and appropriately analyze the application of comparative fault to punitive damages. The Article challenges the conventional wisdom that these spheres of law should remain separate. Part II begins with an overview of the development of the law of comparative fault with punitive damages. It discusses the limited attention that has been paid to potential overlap in these areas of law and draws parallels with other developments in the law of comparative fault supporting more accurate and just awards of damages. Part III analyzes the public policy arguments for and against applying comparative …

Currently Mandated Myopia Of Rule 10b-5: Pay No Attention To That Manager Behind The Mutual Fund Curtain, The , Kelly S. Kibbie

Missouri Law Review

This Article examines the current state of the Rule 10b-5 right of action following a constricting trilogy of Supreme Court cases that have rendered it a myopic remnant of the right previously endorsed by the United States Securities and Exchange Commission (the “SEC”) and hundreds of courts over a span of numerous decades. The Roberts Court’s pronouncement in Janus Capital Group, Inc. v. First Derivative Traders has generated an immense amount of criticism and a slew of conflicting lower court decisions. By effectively abolishing most private Rule 10b-5 claims against secondary actors, including lawyers, accountants, credit rating agencies, underwriters and …

Drawing On The Constitution: An Empirical Inquiry Into The Constitutionality Of Warrantless And Nonconsensual Dwi Blood Draws , Kevin Stockmann

Missouri Law Review

This Note assesses how courts have interpreted the text of Schmerber to justify conclusions while determining whether policy justifications support any particular interpretation. It then considers whether empirical data may favor one interpretation of Schmerber by examining the dissipation rate of alcohol from an individual’s bloodstream, the average time it takes a law enforcement officer to obtain a warrant for a blood draw on an alleged intoxicated driver, and the reliability of retrograde extrapolation. This Note confirms that neither the text of Schmerber nor the policy underlying its holding clearly favors a particular interpretation on the constitutionality of warrantless and …

Brief History Of México, Irving W. Levinson

History Faculty Publications

© 2013, SAGE Publications.

Review Of Still The Arena Of Civil War: Violence And Turmoil In Reconstruction Texas, 1865-1874, Brent M. S. Campney

History Faculty Publications

No abstract provided.

Who Needs Tablets? We Do, George K. Thiruvathukal

Computer Science: Faculty Publications and Other Works

What role do tablets play increasingly in our daily lives? Is it possible that they could revolutionize the future of publishing and education?

Reading The World In The Word: The Possibilities For Literacy Instruction Framed Within Human Rights Education, Judith Dunkerly-Bean

Teaching & Learning Faculty Publications

The purpose of this critical ethnography (Madison, 2005; Noblit, Flores & Murrillo, 2004) was to investigate the experiences of teachers and students when literacy instruction was framed within human rights education. Informed by theories of cosmopolitan education (Beck, 2002; Beck & Szneider, 2010; Goldstein, 2007; Harper & Bean, 2009; Hull, 2010), critical socio-cultural theory (Moje & Lewis, 2007) and incorporating Freirean concepts of critical literacy and praxis, this study details the experiences of two servant leader interns (teachers) and sixteen scholars (students) participating in human rights education within the context of a Children’s Defense Fund Freedom School.