Digital Commons Network^™

Equality Offshore, Martin W. Sybblis

Faculty Articles

Global governance architecture, crafted by wealthy nations, has perpetuated the subordination of developing jurisdictions. The Article offers a novel and surprising analysis of governance tools used by wealthy countries and inter-governmental organizations to constrain offshore financial centers (OFCs) by focusing on the tools’ disparate impacts on tax havens whose populations comprise predominantly Black and Brown people. With tax haven issues garnering increasing attention, this Article provides a pathbreaking conceptual framework for examining the international tax, crime, and business discourse on OFCs. It also illuminates how the actions of powerful international actors, such as the Organization for Economic Cooperation and Development …

Marketing And Market, A. Fuat Firat

Marketing Faculty Publications

In this paper, a contradiction that has developed between the key economic institution of modernity, the market, and its institutionalized practices, marketing, is explored. This paper makes observations beyond earlier discussions of this contradiction based on the history of perspectival developments in the orientations of the discipline and in marketing practices. Specifically, separation of marketing practice from consumers resulting in its conceptualization as a provisional set of activities, and the turn from a focus on needs to a focus on exchange resulting in an emphasis on the health of the market rather than on the health of the people are …

Constitutional Rights As Human Rights: Freedom Of Speech, Equal Protection, And The Right Of Privacy, Michael J. Perry

Faculty Articles

Much of my recent scholarly work has addressed questions concerning the political morality - the global political morality of human rights. This essay continues in that vein; I focus on a relationship I began to discuss almost forty years ago, in my first book: the relationship between (some) constitutional rights and (some) human rights. My overarching claim here: There is a significant interface between the constitutional law of the United States and the political morality of human rights. My principal aim in this Essay is to defend (and illustrate) that broad claim by defending three narrower claims:

1. The constitutional …

Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

Although federal environmental law purports to provide the public with comprehensive protection against chemical risks, the U.S. chemical industry is characterized by self­ regulation. This self-regulation is exemplified by the dangers posed by per- and polyfluoroalkyl substances (''PFAS'')­ broad classes of persistent toxic substances that have now entered nearly every American's bloodstream and hundreds of public drinking water systems. Despite data linking exposure to these "forever chemicals" to cancer, infertility, and a host of other public health harms, environmental law has failed to safeguard the American people from PFAS' toxic legacy. How did this occur? And what should be done …

Inside Sales Social Media Use And Its Strategic Implications For Salesperson-Customer Digital Engagement And Performance, Nawar N. Chaker, Edward L. Nowlin, Maxwell T. Pivonka, Omar S. Itani, Raj Agnihotri

Marketing Faculty Publications

Highlights

• Inside salespeople rely on four main strategies when it comes to using social media in their roles to engage with customers.

• Inside sales strategic social media use leads to higher levels of customer digital engagement and, ultimately, performance.

• Firm digital technology resources may shape the effects of inside sales strategic social media use.

Abstract

The nature of inside sales has shifted, increasing in autonomy, importance, and scope. Moreover, buyers are changing their preferences from face-to-face interactions to virtual-based relationships, leading to a future full of opportunities for inside salespeople using social media. The practitioner literature suggests that inside sales …

Sweet Old-Fashioned Notions: Legal Engagement With Anthropological Scholarship, Deepa Das Acevedo

Faculty Articles

The study of law, we are told often and generally with approval, has become a potluck to which everyone is invited. Over there stand the historians bearing their retrospectively informed insights; across from them are the experimental psychologists hoisting their pleasingly social-scientific brew; in the corner lurk philosophers chatting calmly over some first principles. The center of the room is quite naturally taken up by the economists, laughing exuberantly over their spread of nifty models, intimidating formulae, and soothing predictions. In the midst of this lively affair, circulating among the invitees like a dutiful host, rejecting nothing, sampling everything, and …

Antidiscrimination And Tax Exemption, Alex Zhang

Faculty Articles

The Supreme Court held, in Bob Jones University v. United States, that violations of fundamental public policy— including race discrimination in education—disqualify an entity for tax exemption. The holding of the case was broad, and its results cohered with the ideals of progressive society: the government ought not to subsidize discrimination, particularly of marginalized groups. But almost four decades later, the decision has never realized its antidiscriminatory potential. The Internal Revenue Service (IRS) has limited implementation to the narrowest facts of the case. The scholarly literature has not formulated a systematic account of how to enforce the Bob Jones …

The Corrosive Effect Of Inevitable Discovery On The Fourth Amendment, Tonja Jacobi, Elliot Louthen

Faculty Articles

The Supreme Court has only once, almost four decades ago, addressed the doctrine of inevitable discovery, when it established the exception in Nix v. Williams. Inevitable discovery encapsulates the notion of no harm, no foul—if law enforcement would have discovered unlawfully obtained evidence regardless of a constitutional violation, then the resulting evidence need not be excluded. Nix laid out two simple dictates: the eponymous requirement of inevitability and a corresponding evidentiary burden requiring the prosecution to prove by a preponderance of the evidence that law enforcement inevitably would have discovered the evidence without the violation. Such analysis requires counterfactual …

"With All The Majesty Of The Law": Systemic Racism, Punitive Sentiment, And Equal Protection, Darren L. Hutchinson

Faculty Articles

United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit discrimination and facially neutral policies. Similar practices maintained racial hierarchy with respect to White, Latinx, and Asian-American populations in the western United States. While most state action no longer explicitly discriminates on the basis of race, anticrime policy remains a powerful instrument of racial subordination. Indeed, social …

Beliefs, Information, And Institutions: Public Perception Of Climate Change Information Provided By Government Versus The Market, Cherie Metcalf, Jonathan R. Nash

Faculty Articles

Despite scientific consensus over the threat posed by climate change, governmental actions remain modest or stalled, often because of profound societal polarization: more liberal individuals tend to accept climate change as real, anthropogenic, and as posing a substantial (if not existential) threat, while more conservative individuals tend to doubt such assertions. The standard explanation for this phenomenon is that liberals tend to believe government-provided information—as information about climate change tends to be—while conservatives tend to doubt it. Commentators suggest that market-generated climate change information would more likely sway conservatives.

But this assertion lacks any empirical support. This Article explores this …

Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.

Faculty Articles

This Article peels through these layers of founding documents before exploring the final sixteen words of the First Amendment religion clauses. Part I explores the founding generation’s main teachings on religious freedom, identifying the major principles that they held in common. Part II sets out a few representative state constitutional provisions on religious freedom created from 1776 to 1784. Part III reviews briefly the actions by the Continental Congress on religion and religious freedom issued between 1774 and 1789. Part IV touches on the deprecated place of religious freedom in the drafting of the 1787 United States Constitution. Part V …

An Analysis On Various Treatment Options For Triple-Negative Breast Cancer, Elisheva Dusowitz

The Science Journal of the Lander College of Arts and Sciences

Triple-Negative Breast Cancer (TNBC) is a highly invasive, under-researched subtype of Breast Cancer. Patients lack receptors for the protein Human Epidermal Growth Factor, and both estrogen and progesterone. This negatively impacts treatment by making all hormone-sensitive treatments unavailable to TNBC patients. Since the effectiveness of various options has remained understudied, the prognosis remains poor. This paper attempts to analyze and compare the effectiveness of various treatment options. Because TNBC is very aggressive, the standard approach is to jump in with harsh surgical procedures, including mastectomies and lumpectomies. This analysis finds that more aggressive treatment may not be necessary to treat …

Full Issue: Volume 15, Number 2, Spring 2022

The Science Journal of the Lander College of Arts and Sciences

Complete .pdf file of Volume 15, Number 2 of The Science Journal of the Lander College of Arts and Sciences. Published Spring 2022.

Cardiovascular Disease - Is A Whole Food Plant-Based Diet The Answer?, Shalom Katz

The Science Journal of the Lander College of Arts and Sciences

Objective: To determine if a whole food plant-based diet can prevent and cure cardiovascular disease. Results: People on whole food plant-based diets exhibit extremely low levels of plasma LDL. Another risk factor for developing atherosclerosis, is inhibited production of nitric oxide, which is vital for healthy blood flow. One of the main inhibitors of nitric oxide production is asymmetric dimethyl-l-arginine (ADMA). An inverse relationship was found between dietary fat and ADMA levels. The diets with the best results were the diets where oil intake was reduced to a minimum. Clinically, people who went on whole food plant-based diets had their …

Osteoporosis: A Comprehensive Review, Eliyahu Greenberg

The Science Journal of the Lander College of Arts and Sciences

Osteoporosis is a disease of the skeleton that becomes more common with advanced age, especially in postmenopausal women. Osteoporosis increases the risk of fractures, thereby reducing the quality of life for those who suffer from it. Due to the aging population, direct costs resulting from osteoporosis are projected to reach upward of $25 billion per year by 2025. The main pharmaceuticals primarily target osteoclasts. Exercise may be an effective method of preventing osteoporosis, although more research needs to be done. More research should be conducted to explore potential ways to enhance osteoblastic activity as a method to treat and/or reverse …

Does Exercise Make You Smarter?, Avi Derkhidam

The Science Journal of the Lander College of Arts and Sciences

Physical exercise has been applauded for its beneficial cardiovascular and mental effects for decades. Recently, researchers have begun to study exercise from a different perspective, focusing on the positive relationship between exercise and cognition. One area of cognition highlighted in association with exercise is its positive impact on executive function. Executive function refers to the collection of neurocognitive processes involved in goal-directed problem-solving. Improved levels of cognitive function have been found to impact significant achievements throughout life. Because of this, the development, improvement, and preservation of these functions are essential. While research has proven a correlation between exercise and improved …

Effective Treatments For Ductal Carcinoma In Situ, Moshe Picciotto

The Science Journal of the Lander College of Arts and Sciences

Ductal Carcinoma In Situ (DCIS) is the most common form of breast cancer wherein its progression interrupts the hormonal receptors and genetic variation of one’s DNA. DCIS can be caused by hereditary means, or through mutations. Fortunately, due to the many different modes of contraction, there is a plethora of treatments available in the forms of mastectomy, radiation, chemotherapeutic drugs, and PARP inhibitors, each with their own mechanism of action to combat the tumor and any metastatic effects the cancer may have on the body. This paper analyzes the cancer’s mechanism of action upon the body and the positive effects …

For Whom “Bell” Tolls: Rent Escrow, Withholdings, Strikes, And Landlord-Tenant Reform, Brian G. Gilmore

Southern Illinois University Law Journal

Rent is the key obligation for tenants in a landlord-tenant relationship. What happens when the obligation to pay rent is challenged by the tenant due to the landlord's failure to meet their own obligations in that relationship? In that respect, can a tenant withhold rent (escrow their rent) legally under the law and force a judicial determination on not just the rent payments but the landlord's failures? Using a 1968 case known as Bell v. Tsintolas as a starting point, this article examines the concept of rent escrow, its evolution, and the various forms it takes in landlord-tenant relationships. This …

The Paid Act: Providing Much Needed Information To Resolve Injury Claims Brought By Medicare Beneficiaries, Sean P. Sheehan, Samra Cordic

Southern Illinois University Law Journal

Laws governing Medicare have undergone tremendous change since the program was first implemented in 1965, one of the most significant of which was the 1980 Medicare Secondary Payer (“MSP”) statute. Pursuant to MSP, any entity that is also responsible for the cost of a beneficiary’s medical care must reimburse Medicare for any of these expenses. However, as Congress expanded Medicare to include Parts C and D between 1997 and 2003, identifying claims that were the responsibility of third parties became increasingly difficult as these two parts were provided and administered by private insurers.

To address inadequate reimbursing of MSP claims, …

Your Marriage Didn’T Last, But Your Obligations Will: Why Nuptial Agreements Should Be Enforceable Against Sponsored Immigrant Spouses Under The I-864 Affidavit Of Support, Samantha Earls

Southern Illinois University Law Journal

Sponsoring an immigrant spouse to come to the United States can be a labyrinthine task. Sponsorship requires completion of Form I-864, creating a binding contract between the sponsoring spouse and the U.S. government with the sponsored immigrant spouse as a third party beneficiary. Under this contract, the sponsor agrees to financially support the immigrant spouse, and both the U.S. government and the sponsored spouse have a contractual right to sue the sponsor for enforcement of this financial obligation.

Current case law further convolutes the issue, holding that nuptial agreements between U.S. citizen spouses and sponsored immigrants are unenforceable when an …

Death With Dignity: Terminally Ill(Inois), Nathan T. Levy

Southern Illinois University Law Journal

Since the turn of the century, ten jurisdictions have followed Oregon’s lead by legalizing medical aid in dying. Illinois is not one of those jurisdictions. This Note argues that Illinois would benefit from permitting its terminally ill patients access medical aid in dying. This Note suggests the end-of-life decision making ability currently available to Illinois’ terminally ill patients is not sufficient to relieve the patients of the potential for conscious end-of-life suffering, loss of autonomy, and loss of dignity. Furthermore, the aging “Baby Boomer” generation, the insufficiency of end-of-life care, and physician compliance exacerbate the need for legalized medical aid …

Understanding Transatlantic Cultural Mobility: For A Cross-Reading Of Fitón In Calderón De La Barca’S El Laurel De Apolo And Alonso De Ercilla’S La Araucana, Carmela Mattza

Faculty Publications

This essay focuses on the intertextual origins and depiction of Fitón in Calderón de la Barca’s play El laurel de Apolo. After contrasting Calderón’s depiction of Fitón with those in Ovid’s Metamorphoses and Alonso de Ercilla’s La Araucana, I demonstrate the special signif icance Calderón’s variations on the classical myth of Fitón acquires when considered within the context of the intersection of Early Modern Spanish literature, history, arts, and politics. Here, I argue that Calderón’s recasting of Fitón serves as propaganda, the origins of which can be found in the four Titian paintings commissioned by María de Hungría in 1548. …

A Comparison Of Primary Stability Of Aggressive Thread Design Implant Using Two Different Technique In Different Bone Density: An In Vitro Biomechanical Study, Chandarong Huy

Chulalongkorn University Theses and Dissertations (Chula ETD)

Objective: To investigate the correlation of aggressive thread implant in different bone qualities by two systems. Materials and Methods: A single space edentulism of tooth 11 maxillary models was prepared and inserted with artificial polyurethane bone type 1-4 for the preparation site. In total, 24 implants were divided into 4 groups according to the bone types. BLX implants with 4.5mm in diameter and 12 mm in length which are considered aggressive thread implants were used in this study. All implants were digitally planned, and the preparations were performed using computer-assisted guided surgery. After implant insertion, the primary stability was measured …

Neuroprotective Effects And Metabolomic Studies Of Oxyresveratrol In Rotenone-Induced Neuroblastoma Sh-Sy5y Cytotoxicity For A Preventive Approach To Parkinson’S Disease, Nureesun Mahamud

Chulalongkorn University Theses and Dissertations (Chula ETD)

Parkinson's disease (PD) is a long-term degenerative brain disorder. In 2022, WHO reported that PD prevalence has doubled over the last 25 years, causing disability and death more quickly than any other neurological disease. Although PD is still not curable, several studies showed some bioactive substances are linked with a lower risk of developing PD. Oxyresveratrol, a polyphenolic compound found in various plants, is the bioactive component previously reported the pharmacological activities such as antioxidant and neuroprotective effects. However, the specific molecular mechanisms and pathways involved in its effects are currently limited. This study aimed to examine the neuroprotective mechanisms …

Development And Evalution Of Technology For Rehabilitation Process Of Stroke Patients, Utpal Chandra Das

Chulalongkorn University Theses and Dissertations (Chula ETD)

Rehabilitation after a stroke is crucial for patients to regain their functional abilities. Conventional rehabilitation methods can be time-consuming, inaccurate, and challenging to measure progress. This study proposes novel artificial intelligence(AI) based upper limb and lower limb rehabilitation approach for stroke patients. The proposed system comprises AI models: fuzzy logic rule-based and Convolutional Neural Network(CNN) Machine Learning(ML) models. The rule-based model incorporates the Fugal Meyar Method Assessment(FMA) to measure the angle of the patient’s upper and lower limbs during exercise using a camera(Sensor). The proposed robust hybrid fuzzy logic-based AI model continuously measures the desired angle, counts the repetition of …

Nail Cortisol For Welfare Assessment In Shelter And Owned Cats, Minh Pham Quoc Anh

Chulalongkorn University Theses and Dissertations (Chula ETD)

Shelter cats are vulnerable to stress due to the challenging circumstances they face, including confinement, unfamiliar environments, people, and animals. This vulnerability often leads to welfare issues, emphasizing the importance of assessing and improving their well-being. Measuring cortisol levels, a stress hormone, from nails has emerged as a non-invasive method to evaluate the stress response in humans and other animals. This study aimed to apply nail cortisol for welfare assessment in cats by measuring and comparing nail cortisol concentrations (NCCs) of owned cats and shelter cats living in different conditions. Nails of 31 owned cats (OC), 29 shelter cats living …

Canine Pd-L1 Mrna And Protein Expression In Normal Tissues And Common Cancers, Fuengfa Damjamnong

Chulalongkorn University Theses and Dissertations (Chula ETD)

Programmed cell death-ligand 1 (PD-L1), an immune check points molecule, is expressed differently in various tissues and plays an important role in common cancers. The objectives of this study are to investigate the expression of canine PD-L1 mRNA and protein in normal tissues and common cancers and to determine the correlation of PD-L1 expression with histologic grading of the malignant mammary gland tumor (MGT). In the normal tissue, the highest PD-L1 mRNA expression was observed in lymph node (P<0.01). In the cancer tissues, the highest PD-L1 mRNA expression was observed in lymphoma, but not significant (P=0.224). The PD-L1 mRNA expression was higher in benign tumors compared to malignant MGT (P=0.093) but not significant. Immunohistochemistry (IHC) was performed in formalin fixed paraffin embedded tissue of normal and MGT tissue using newly developed anti-canine PD-L1 monoclonal antibody (mAb) (clone 5D2). Immunostaining was detected on epithelial cells, transitional cell, parenchymal cells, alveolar macrophages and immune cells. The immunostaining score of malignant MGTs was higher than benign MGT (P<0.05). The immunostaining score was not significantly different among histological sub-types and histological grades. The lack of correlation between PD-L1 mRNA and protein expression in canine malignant MGTs was observed. In conclusion, this anti-canine PD-L1 mAb could be used as predictive biomarker for canine MGT. This study has fulfilled and expanded a knowledge of the PD-L1 checkpoint molecule in dogs and highlights a potential of PD-L1 antibodies using for immunotherapy in canine MGTs, similar to their application in human tumors.

Customer Drinks Purchasing Behavior During Covid-19 Pandemic Analysis, Krittayot Bherngjitt

Chulalongkorn University Theses and Dissertations (Chula ETD)

The COVID-19 pandemic has caused many changes to the lifestyle of people all over the world. The lockdown forced people to stay at home for many months. This has led to the changes in purchasing behavior as well such as the increase in delivery order. This research, which has received sales data of drinks during the pandemic from a large beverage company, seeks to analyze the changes in customer behavior during the pandemic by using machine learning to perform clustering and observe the changes in the purchases of each product type. We will use clustering to group customers based on …

Dirhenium Compounds Containing The Diphosphine Ligands Ph2pch2pph2, Ph2pch(Cn)Pph2, Or Ph2pch(Ch3)Pph2: A Comparative Study, Hannah C. Arthur

Undergraduate Honors Theses

When M₂L₁₀ complexes containing two rhenium(III) atoms in a quadruple bond react with an excess of the diphosphine ligand Ph₂PCH₂PPh₂, the bond order decreases, and the rhenium is reduced to rhenium(II). When two diphosphine ligands are bonded to the dirhenium center, they can adopt a trans-trans, trans-cis, or cis-cis configuration. NMR spectra of compounds that adopt the cis-cis arrangement show unusually large downfield shifts for one of the bridgehead methylene hydrogens (P-CH₂-P). To understand the unusual chemical shift, the hydrogens first have to be assigned. The strategy for …

2022 Nebraska Water Leaders Academy Final Report, Mark E. Burbach, Robert Matthew Joeckel, Brooke Mott, Gina S. Matkin

Conservation and Survey Division: Faculty and Staff Publications

Fifteen participants completed the 2022 Water Leaders Academy bringing the total number of graduates to 168 since the inception of the program in 2011. Assessments of participants’ transformational leadership skills, champion of innovation skills, water knowledge, engagement with water issues, civic capacity, entrepreneurial leadership behaviors, and boundary spanning skills increased significantly over the course of the year, according to both the participants and their raters. Feedback from the participants was highly positive and constructive. Academy planners are addressing participant concerns. Results of the program assessment indicate that the curriculum is meeting Academy objectives. Therefore, only minor changes are planned for …