Historical Pedigree Research Articles

Reconciling Police Power Prerogatives, Public Trust Interests, and Private Property Rights Along Laurentian Great Lakes Shores

The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between public interests and private property rights. Indeed, those conflicts implicate fundamental debates over the state’s authorities and prerogatives to regulate privately owned shoreland (the police power), the public’s interest in coastal resources (the public trust doctrine), and private property owners’ rights to use and to exclude others from their shorelands (referred to collectively here as the private property doctrine). While not tidal, standing water levels of the Great Lakes fluctuate over time substantially. As a result, the lakes have beaches much like ocean coasts, and the public trust doctrine is aptly applied to them, albeit awkwardly. All of the eight Great Lakes states have long acknowledged the applicability of the public trust doctrine to their Great Lakes bottomlands and shorelands. In doing so, they have accepted the now-conventional understanding that the doctrine originated in ancient Roman law. Even so, recent critiques of the public trust doctrine assert that it has been misinterpreted and that its historical pedigree is not so strong or aptly applied to American coasts, especially along Great Lakes coasts. These critiques do not address the historical pedigree and robustness of the police power doctrine, or, more importantly, the pedigree and robustness of contemporary notions of private property rights. If the public trust doctrine is indeed lacking upon reconsideration, how does it fare in comparison to these other doctrines? This Article lays the foundation for an extended study of the public trust doctrine as it applies to Great Lakes shores. We provide an overview of the public trust doctrines of all eight Great Lakes states, noting for illustration and, where appropriate, particulars for the State of Michigan, which enjoys more than 60% of the combined U.S. Great Lakes coastline. To explain our motivations in undertaking this study, the Article first briefly reviews the importance of the lakes to the State of Michigan and the other Great Lakes states more broadly and then frames shoreland management as one of the resource management imperatives those states face. The Article then reviews the historical origins, the contemporary contours, and the ongoing debates surrounding the police power, public trust, and private property doctrines separately. Building on that foundation, we then analyze how courts and legislatures have reconciled those doctrines through application in coastal settings broadly. First, we find that the public trust doctrines of the Great Lakes states fall well within the boundaries of the origins and application of that doctrine throughout the nation’s history, even though the Lakes are not tidal. Second, we find that the concept of a ‘moveable freehold’ inherent in the public trust doctrine—that the boundary separating state-owned submerged public trust land from privately owned upland along the shore—reflects natural dynamic shoreline processes, not arbitrary governmental rulemaking, and is well established and accepted by all Great Lakes states. Finally, and most importantly for the purposes of this Article, we find that all three doctrines—public trust, police powers, and private property rights—trace their roots to English common law and even ancient Roman law, but all are in fact distinctly American doctrines. All three doctrines were first fully articulated in the context of unique American institutions, values, and conflicts. Each has evolved over time as American institutions, values, and conflicts have similarly evolved. Thus, despite detractors’ assertions to the contrary, the public trust doctrine is no less robust or aptly applied to Great Lakes coasts than is either the police power or private property rights doctrine. In fact, despite case law and commentary rhetoric that can be dogmatically extreme, efforts to understand and reconcile these doctrines in practice generally strike a pragmatic balance between the private rights inherent in shoreland property ownership and the public interest in common access to and use of submerged lands and the foreshore. Following our analysis of these doctrines from a broad perspective, we conclude by providing a brief overview of the several public trust doctrines as adapted by all of the Great Lakes states and finally identifying a number of questions for further study.

Korytarze rekreacji pieszej i rowerowej jako środek kształtowania nowych przestrzeni publicznych Rzeszowa

Tematyka opracowania dotyczy zagadnień selekcji fragmentów struktury miejskiej istotnych dla historii i tradycji Rzeszowa oraz integracji miejsc mniej eksponowanych z obszarem intensywnie eksploatowanej przestrzeni publicznej, w celu wzmocnienia wśród mieszkańców ich poczucia utożsamienia się z miastem. Charakterystycznymi zmianami struktury przestrzennej Rzeszowa są jej rozrost oraz osłabienie zwartości przestrzeni publicznej na historycznym obszarze miasta. Problemem staje się znaczne natężenie ruchu samochodowego. Zanik funkcji publicznych w obrębie centrum jest spowodowany m.in. dostępnością dla samochodów większości ulic w tym obszarze. Jedyną enklawą ruchu wyłącznie pieszego i rowerowego jest strefa obejmująca Rynek, ulice Kościuszki i 3 Maja oraz fragmenty ulic Mickiewicza i Grunwaldzkiej. Drugą taką strefą są tereny rekreacyjne nad rzeką Wisłok. Oba obszary cieszą się popularnością wśród społeczności Rzeszowa, lecz w opinii autorów, nie zaspokajają potrzeb. W pracy przedstawiano pomysł połączenia obu obszarów oraz włączenia do strefy ruchu pieszego i rowerowego innych, aktualnie odseparo-wanych, terenów o historycznym rodowodzie, w tym parków. Istotnym elementem koncepcji są bezkolizyjne skrzyżowania wytyczonych tras z arteriami ruchu samochodowego, z zastosowaniem przejść podziemnych, które dzięki konfiguracji terenu dostępne byłyby za pomocą pochylni, a ich przestrzenie doświetlone światłem słonecznym i dostępne wizualnie z zewnątrz. Proponowane rozwiązania wzmacniają istniejącą infrastrukturę eliminując bariery psychologiczne i funkcjonalne.

Psychopathic Personality Disorder

The diagnosis of psychopathic personality disorder has salience for forensic clinical practice. It influences decisions regarding risk, treatability and sentencing, indeed, in certain jurisdictions it serves as an aggravating factor that increases the likelihood of a capital sentence. The concatenation of symptom that is associated with modern conceptions of the disorder can be discerned in early writings, including the book of Psalms. Despite its forensic clinical importance and historical pedigree the concept remains elusive and controverted. In this paper I describe an attempt to map the concept of psychopathic personality disorder—the Comprehensive Assessment of Psychopathic Personality (CAPP). I outline the processes used to create the concept map; I summarise evidence in support of the content validity of the map and describe different operations designed to operationalise the construct. It is only when conceptual clarity is achieved that valid operations and measures can be created. I end with a plea for more carefully considered application of statistical methods; applications that better fit the theoretical questions being posed.

Controversies Surrounding the Munmyo Line Dance Performed During the Seokjeon daeje Rite: An Exploration of the Dance Form as an Intangible Cultural Asset

이 연구는 1981년부터 석전대제에 연행해 온 현행 문묘일무와 2006년부터 기존 문묘일무의 개선을 주장하는 두 일무간의 쟁점을 검토하여 국가무형문화재로서 가치 있는 전형은 어떤 것이 되어야 하는가를 점검하려는데 목적이 있다. 전자는 고성경린·김기수 등의 이왕직아악부 출신 악사들의 선험적 지식과 김영숙 현 일무보존회 회장이 1976년 이래 함께 복원·재현하여 석전의례에 사용해 온 일무를 말한다. 후자는 1998년 임학선 교수가 성균관대학교 무용학과에 부임하면서 문묘일무에 관심을 갖게 되었고, 이를 연구하는 과정에서 기존 일무의 문제점을 발견하고 새로운 양식의 일무를 개발하여 2007년 이래 국가무형문화재로서의 대상 일무 교체를 주장해 온 것을 말한다. 임학선은 전자의 일무에 대해 대략 두 가지 문제점을 제기하였다. 우선 문무에 대해서는 무보의 그림과 일치하지 않는 김영숙의 일무동작에 대해 춤사위 술어 해석이 잘못되었기 때문이라고 지적하였다. 다른 한 가지는 『반궁예악전서』의 아헌과 종헌의 문무를 무무로 임의 해석한 전자의 잘못을 지적하였다. 임학선은 전자의 무무 대신 명대(明代) 주재육(朱載堉)의 『악률전서(樂律全書)』 소무(小舞)의 간척무 사용을 대안으로 제시하였다. 하지만 이 연구 결과는 한국적 고유성이나 전통과 무관한 것이므로, 역사적 계통성을 고려하지 못한 또 다른 문제점을 안게 되었다. 본 연구는 이상의 내용을 기초로 두 가지 쟁점을 살피고, 이를 극복할 방법으로 석전대제의 국가무형문화재로서의 전통성과 고유성을 담지 할 수 있는 문묘일무의 전형을 역사적인 면에서 검토하였다. 결과적으로 현재 완비되지 못한 문묘제례일무를 다시 연구해야 한다고 보았다. 전문적이며 객관적인 연구가 이루어질 수 있도록 국가적 연구 지원 및 관리 시스템을 구축할 필요에 대해 제기하였다.In this study, I investigate a desirable model for Seokjeon daeje (釋奠大祭, ancestral rites for Confucius) as an intangible cultural asset by examining the controversies surrounding the munmyoilmu (文廟佾舞 (Civil Shrine Line Dance), which has been performed as part of Seokjeondaeje since 1981. I also examine another style of line dance that has been advocated for as a replacement to the Civil Shrine Line Dance since 2006. The Munmyo ilmu is a choreographed dance based on the knowledge of musicians from the Royal Music Institute of the Yi Household (Yiwangjik aakbu 李王職雅樂部), including Seong Gyeong-lin and Kim Ki-su. Since 1976, it has been restored and reproduced by Kim Young-sook, chairman of The Ilmu Conservation Society. However, many controversies surround the Munmyo line dance: Yim Hak-seon, professor at Sungkyunkwan University’s dance department since 1976, started the argument for replacing the dance. She discovered several problems with the old ilmu and proposed a new style of line dance. Since 2007, she has advocated for rescinding the status of the old ilmu as an intangible cultural asset. Professor Yim has highlighted two issues with the old line dance. First she argued that the dance moves in the civil munmu (文舞) dance do not correspond to the depictions in several books, and that this is because Kim Young-sook misinterpreted their descriptions. Second, she noticed a misinterpretation of munmu (civil dance) as mumu (武舞, military dance) in the aheon (亞獻) and Jongheon (終獻) volumes of the Bangungyeakjeonseo (泮宮禮樂全書 Complete collection of ritual music from Ban Palace). Professor Yim proposed replacing the military mumu dance with the gancheok (axe) dance (干戚舞) from the somu (小舞 “small dance”) repertoire of the in Akryuljeonseo (樂律全書 The Complete Records of the Ritual Tone System), a book written by Joo Jae-yook (朱載堉) of the Ming Dynasty. However, since the proposed dance lacks the distinctiveness and traditional aspects of Korean dance, this idea fails to consider historical pedigree. Therefore, adopting a historical viewpoint, I examine the above mentioned problems and propose a model for the munmyo ilmu that can represent both the distinctiveness and traditional aspects of the Seokjeon daeje as an intangible cultural asset. I conclude that new research on the Civil Shrine line dance needs to be conducted, and the government needs to provide support in this regard, and a formal management system should be established for professional and objective research in this field.

Socialistic brands—implications for the trade mark system

Socialistic brands is a term used by this author for a group of signs with peculiar and unique characteristics resulting from their shared historical pedigree. The notion of a brand should be understood broadly here, namely as encompassing all signs used to distinguish commodities offered during the period of socialism within a given territory belonging to the Socialist Bloc. Due to cultural, historical, political and geographical differences, each such territory has its own, unique socialistic brands.1 For decades, these signs were subject to particularities of socialist culture, socialist market rules and various inconsistent legal rules. It was not uncommon for a given socialistic brand to be used by multiple partially- or fully separate actors2 within each country. Further, markets of socialist countries were embedded in state ideology. Focused on rituals of production and with obsessive emphasis on physical and industrial labour,3 these markets allowed few intra-product alternatives for commodities which were typically offered under socialistic brands. The extremely limited end-user choice and general scarcity of goods were often the main reasons why consumers sought out products branded with these signs.4 Thanks to long-term use under such circumstances, socialistic brands today occupy a singular place in the collective memories of post-socialist societies.5 This observation pertains both to socialistic brands that were abandoned, either with the fall of communism in 1989 or thereafter, as well as brands that have remained in continuous use since the transformations these markets underwent with the fall of the Eastern Bloc.

Implicit Statistical Learning: A Tale of Two Literatures.

Implicit learning and statistical learning are two contemporary approaches to the long-standing question in psychology and cognitive science of how organisms pick up on patterned regularities in their environment. Although both approaches focus on the learner's ability to use distributional properties to discover patterns in the input, the relevant research has largely been published in separate literatures and with surprisingly little cross-pollination between them. This has resulted in apparently opposing perspectives on the computations involved in learning, pitting chunk-based learning against probabilistic learning. In this paper, I trace the nearly century-long historical pedigree of the two approaches to learning and argue for their integration under the heading of "implicit statistical learning." Building on basic insights from the memory literature, I sketch a framework for statistically based chunking that aims to provide a unified basis for understanding implicit statistical learning.

The Downfall of the Rehabilitative Ideal and the Establishing of a New Political Legitimacy in Swedish Crime Policy: 1965 to 1989

The downfall of the rehabilitative ideal is considered a decisive episode if we want to understand the changes that have transpired in crime policy the last three to four decades. In Sweden, the downfall followed abruptly on the final establishing of individual prevention as theoretical bases for crime policy by the enactment of a new penal code in 1965. This paper follows the trajectory of the downfall in Sweden by doing a genealogy thereof. The purpose is to contribute to a more empirically developed understanding of the course of Swedish crime policy during the formative years of the 1970s to the early 1990s. Firstly, the paper addresses the topic by examining the scholarly critique that paved the way for the downfall of the rehabilitative ideal. Secondly, the paper analyses the political handling of the downfall and the consequence this had for policy. Methodological this is done by way of genealogy exploring the historical pedigree of present-day crime policy in Sweden, not as a linear development, but as plural and sometimes contradictory pasts. Theoretical the paper aims to analyze the trajectory by way of a governmentality perspective, i.e. it focuses on crime policy as a means of governing life and the population, thus exploring the different forms governing takes.

The quest for environmental sustainability in educational institutions

Over the last four decades “Sustainable Development” has emerged as a catchphrase while defining development. Many reforms have taken up in the past to solve ever-increasing snags related to untenable development at local as well as global level. However, the review of literature pertaining to sustainable development shows that it lacks in proper interpretation and consistency in the definition across the globe. Further, it’s the environmental sustainability aspect that has been compromised again and again to give way to economic development. In practice, environmental sustainability is not considered as equally significant in comparison to the other two aspects of sustainability. The issues of sustainability in educational institutions have historical pedigree starting from Stockholm Declaration, Tbilisi Declarations and subsequently a lot of evolution has taken place in this field. Still, most of the educational institutions lack their roadmap to attain sustainable development. Some of the universities have tried to implement their own sustainability plan apart from signing any major declaration. This review paper suggests that environmental sustainability is the need of the hour and this concept need more workable, elaborated and practical solution which need to be free from political bias and possess intellectual clarity and objectivity.

Epistatic fire blight resistance QTL alleles in the apple cultivar ‘Enterprise’ and selection X-6398 discovered and characterized through pedigree-informed analysis

Most cultivated apple cultivars are highly susceptible to fire blight, caused by Erwinia amylovora. However, differences in resistance levels are observed among cultivars and could be used in breeding. In this paper, we investigated the genetic basis of fire blight resistance of the cultivar ‘Enterprise’ and the advanced breeding selection X-6398. Genotyped pedigrees were used for validating and curating historic pedigree records. Various quantitative trait locus (QTL) discovery approaches were applied on the full-sib families ‘Gala’ × ‘Enterprise’ (GaEn) and X-6398 × X-6683 (IW) with the software FlexQTL™ and MapQTL®. The paternal lineage of ‘Enterprise’ was reconstructed and showed to include ‘Cox’s Orange Pippin’. The QTLs found varied with the software used. Using FlexQTL™, two were found on linkage groups (LGs) 7 and 13, favourable alleles inherited by Enterprise from ‘Cox’s Orange Pippin’ and ‘Golden Delicious’, respectively. The former was identical to the previously named FB_F7 allele from ‘Fiesta’, while the latter is new and has been named FB_13GD. X-6398 had a QTL at the same position as FB_F7. Its favourable allele was new, originating from the unknown grandfather of X-4598, and was named FB_7X-6398. Using MapQTL® on GaEn, FB_F7 was also identified. Performing the same analysis on the subset of offspring that carried the favourable allele of FB_F7, two putative QTLs on LG8 and on top of LG13 were identified, which showed interactions with FB_F7. Implication of the findings for breeding for fire blight-resistant apples is discussed. Single nucleotide polymorphism data on Enterprise and its ancestors are provided.

Predicting breeding values and genetic components using generalized linear mixed models for categorical and continuous traits in walnut (Juglans regia)

Genetic components for economically important traits in walnut (Juglans regia) were estimated for the first time using historical pedigree and heirloom phenotypic data from the walnut breeding program at the University of California, Davis. The constructed pedigree is composed of ~ 15,000 individuals and is derived from current and historic phenotypic records dating back > 50 years and located across California. To predict the additive genetic values of individuals under selection, generalized linear mixed models (GLMM), implemented with MCMCglmm, were developed. Several repeatability models were established to obtain the best model and predict the genetic parameters for each trait. Repeatability for yield, harvest date, extra-light kernel color (ELKC), and lateral bearing were predicted at 0.82, 0.98, 0.63, and 0.96, respectively, and average narrow-sense heritabilities were 0.54, 0.77, 0.49, and 0.75, respectively. Each individual in the pedigree was ranked by its estimated breeding value (EBV). The genetic trend showed specific patterns for each trait, and real genetic improvement was found over time. The completed pedigree built here, the estimated breeding values, and the ranking of individuals according to their breeding values, can be used to guide future crossing designs in the walnut breeding program and future implementation of genomic selection methods in walnut.

Patent and Copyright Exhaustion in England circa 1800

In this Article, I examine and reject the claim, made by the United States Supreme Court, that the first-sale doctrine is a “common-law doctrine with an impeccable historic pedigree” that reaches as far back as the 17th century and that “makes no geographical distinctions.” The Supreme Court’s depiction of the common law formed an important basis for the Court’s recent copyright decision in Kirtsaeng v. John Wiley & Sons, Inc. (2013), and is likely to reappear and influence the Court in a patent case in which it has recently granted certiorari, Impression Products, Inc. v. Lexmark Int’l, Inc. At issue in Lexmark is whether gray-market goods embodying patented inventions can be imported or sold in the United States without the permission of the U.S. patent holder. Focusing on the state of English law during the long eighteenth century—that is to say, in the years before and just after Congress enacted the first copyright and patent statutes in 1790—this Article demonstrates that although a domestic first-sale (or exhaustion) principle was evident in litigation in English courts, the common law did not recognize international exhaustion. On the contrary, the common law observed foreign legal boundaries and permitted right owners and their licensees to stop gray-market goods that embodied intangible rights.

Can Withdrawing Citizenship Be Justified?

Denationalisation – withdrawing citizenship from a person – is a practice with a long historic pedigree that continues to affect the lives of many people today. Are there conditions under which denationalisation is morally justified? If so, what are they? And can legal and political norms that authorise states to engage in citizenship withdrawal be justified? This article provides answers to these questions.

Reconstructing relationship matrices from dense SNP arrays for the prediction of genetic potential in unreplicated multilocation plantings of apple progeny

Prediction of the genetic potential of a candidate cultivar is fundamental to achieving a response to selection in plant breeding. In the early phases of advanced selection plantings, a common strategy to increase selection intensity is field testing of many candidates at multiple locations with incomplete or limited replication among trials. Genetic analyses that incorporate genetic relationships among candidates can be used to improve the prediction accuracy, and indirectly predict performance at locations where a candidate is not planted. Here, we report on the prediction of breeding value for sensory crispness for unreplicated apple candidate progeny and parents established at three locations across the USA (Minnesota, New York State, Washington State) using relationships constructed from (i) pedigree records and (ii) 8K single nucleotide polymorphism (SNP) array data. The correlation between relationship coefficients estimated from either historical pedigree or SNP arrays was 0.76. Estimates of phenotypic variation and heritability were similar among three analyses (i.e., full data using pedigree relationship matrix, reduced data for only individuals with SNP genotypes available using a pedigree-based relationship matrix, or reduced data using a genomic relationship matrix estimated from the SNP arrays). Significant G×E was detected with all analyses, although there were some differences in the estimates of additive genetic correlation among locations from different analyses. This study demonstrates that dense SNP marker arrays may be used to predict breeding values for incompletely or unreplicated candidate cultivars established across multiple locations. This approach will be particularly valuable where the cost or logistics of replication at multiple locations is prohibitive and when pedigree records are incomplete and are not able to fully characterize the diversity of a candidate population.

Construction, Originalist Interpretation and the Complete Constitution

The literature of constitutional originalism has, in recent years, featured a new concept, “constitutional construction.” This Essay is a critical examination of that concept. It demonstrates that, contrary to claims made for it, the difference between “interpretation” and “construction” is not a common and familiar distinction in common law adjudication. It therefore lacks the historical pedigree its proponents claim for it. The Essay then surveys various descriptions of the practice of constitutional construction and argues that, although differing with each other, they all tend to leave an ill-defined discretion in the hands of constitutional decision-makers. Finally, the Essay disputes the claim that the constitutional text is incomplete in that it fails to provide a decision-rule for many — indeed for most — constitutional disputes so that constitutional construction is a practical necessity. The Constitution would indeed be incomplete if interpreted according to the “new” or “public meaning” version of originalism. At least in the context of constitutional adjudication, however, originalist interpretation that seeks to identify that meaning of the Constitution actually intended by the people whose assent made it law leaves no indeterminate constitutional controversies. In every argument about the application of a constitutional provision to an actual dispute, one side’s interpretation will always better conform to that original meaning. In that sense, at least, the Constitution is complete.

IDENTIFICATION OF BREEDING SIGNATURES IN GRAPEVINE HYBRIDS, DONORS OF RESISTANCES AGAINST DOWNY AND POWDERY MILDEW

Grapevine (Vitis vinifera L.) is one of the most valuable crops in the world, but has been often plagued by encountering new parasites that still represent a major constraint, such as downy (DM) and powdery (PM) mildew. Nowadays, growers are still obliged to recur to a massive use of pesticides to prevent serious yield loss. In consequence, the research applied to breeding for resistance and the deployment of new resistant grapevine varieties are strongly encouraged as a step towards sustainable agriculture. In this study, we focus on the genetic characterization of numerous Vitis hybrids, donors of resistance to DM and/or PM, in order to identify selection signatures. In particular, 86 hybrids of European origin and of 100 American hybrids, along with 30 related V. vinifera varieties, have been genotyped at 70 SSR loci. Based on the SSR profiles, the historical pedigree information has been checked and, following the trueness-to-type validation for most of the studied hybrids, the Identity By Descent (IBD) analysis has been performed, tracing the allelic flow through the successive generations. Here we report preliminary results about the identification of non-vinifera genomic intervals retained into the vinifera background. Subsequently, the genotyping analysis will be extended to the other 12 chromosomes (120 SSRs) and possibly to new crucial genotypes. The final result of this study will be the release of molecular markers valuable for grapevine Marker-Assisted Breeding (MAB) approach, upon their validation in ad hoc segregating populations.

Non-Contentious Jurisdiction and Consent Decrees: A Reply to Professors Pfander & Birk

Professors James E. Pfander’s and Daniel D. Birk’s bold reinterpretation of III’s justiciability requirements in their recent article, Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction, 124 YALE L.J. 1346 (2015), challenges the widely accepted principle that federal courts may adjudicate only live disputes between adverse parties. Pfander and Birk provide a fascinating analysis of the various roles that federal judges and courts have played throughout American history, and offer an elegant reinterpretation of the distinction between cases and controversies under III. While many of their conclusions are sound, this Response contends that their proposed reinterpretation of III goes too far. Even assuming that III grants federal courts non-contentious jurisdiction to hear certain ex parte matters, it should not extend so far as to allow federal courts to become or remain involved in matters where all interested parties affirmatively agree and seek the same relief. In other words, despite their historical pedigree, III should not be read as conferring non-contentious jurisdiction upon federal courts to enter consent decrees. This Response begins by questioning the utility of Pfander and Birk’s primary methodology — a largely historical analysis — in the context of III. It goes on to argue that Pfander and Birk erred in concluding that consent decrees are a valid exercise of the judicial power under III. The historical and current practices from which they derive their conclusions are susceptible to an alternate analysis: for a case or controversy to exist, the interested parties must not have not reached a complete accord on all issues in a legal dispute. Indeed, even if one accepts Pfander and Birk’s arguments, consent decrees are not justiciable under their own proposed conception of non-contentious jurisdiction. This Response concludes by demonstrating that their proposed distinction between “cases” and “controversies” can have profound effects on Supreme Court jurisdiction that may, in themselves, constitute a basis for rejecting or modifying their proposal.

The Riddle of Ruth Bryan Owen

This Article recovers a lost chapter of constitutional history — the ill-fated challenge to Ruth Bryan Owen’s congressional eligibility. Owen was the brilliant (and American-born) daughter of famed politician William Jennings Bryan, and a pioneering figure in her own right. But the Expatriation Act of 1907 stripped Owen of her American citizenship when she took a British husband. Congress swiftly repealed this loathsome feature after the Nineteenth Amendment’s ratification. Yet Owen’s defeated opponent claimed that she hadn’t “been seven Years a Citizen of the United States” as the Constitution requires. Because Owen had been a naturalized citizen for only three years at the time of her 1928 election, the House faced an unenviable adjudicative dilemma: does “seven Years” mean the immediately preceding seven years, or any seven years cumulatively?Owen’s case demonstrates that the perceived clarity of even “mathematical” constitutional provisions can be shaped by purposive and pragmatic considerations extraneous to the text, considerations that often change in light of freshly received facts. This Article also presents powerful new evidence that women came to be seen as improper objects of state-sanctioned discrimination soon after the Nineteenth Amendment’s ratification. Owen’s triumph marks an important turning point in American women’s effort to achieve full constitutional equality. Because scholars have forgotten her story, they have overlooked crucial sources that might have helped provide a historically firmer basis for modern sex-discrimination doctrine. And as Owen’s case shows, historical practices repugnant to the modern constitutional order should never be accorded residual legal effect. This Article accordingly criticizes the Supreme Court’s plurality opinion in Kerry v. Din (2015) for citing the Expatriation Act to downplay an asserted liberty interest’s historical pedigree under the Due Process Clause.

Can Withdrawing Citizenship Be Justified?

Denationalisation – withdrawing citizenship from a person – is a practice with a long historic pedigree that continues to affect the lives of many people today. Are there conditions under which denationalisation is morally justified? If so, what are they? And can legal and political norms that authorise states to engage in citizenship withdrawal be justified? This article provides answers to these questions.

Against Smallism And Localism

Abstract The question whether cognition ever extends beyond the head is widely considered to be an empirical issue. And yet, all the evidence amassed in recent years has not sufficed to settle the debate. In this paper we suggest that this is because the debate is not really an empirical one, but rather a matter of definition. Traditional cognitive science can be identified as wedded to the ideals of “smallism” and “localism”. We criticize these ideals and articulate a case in favor of extended cognition by highlighting the historical pedigree and conceptual adequacy of related empirical and theoretical work.

A FIRST PEDIGREE-BASED ANALYSIS (PBA) APPROACH FOR THE DISSECTION OF DISEASE RESISTANCE TRAITS IN GRAPEVINE HYBRIDS

To date, molecular markers are available for many economically important traits in grapevine (Vitis vinifera L.) as well as in other fruit crops. Unfortunately, lack of knowledge of the allelic variation of the related genes hampers their full exploitation in commercial breeding programs. These markers have usually been identified in a single cross. Consequently, only one or two favourable alleles of the related quantitative trait loci (QTL) are identified and exploitable for marker-assisted breeding (MAB), whereas a breeding program may include several alleles. Our novel employed approach, namely pedigree-based analysis (PBA), allows for the identification and exploitation of most alleles present in an ongoing breeding program. This is achieved by including breeding material itself in QTL detection, thus covering multiple generations and linking many crosses through their common ancestors in the pedigree. In this study we focus on the genetic characterization of numerous Vitis hybrids, donors of resistance to downy and/or powdery mildew, in order to identify selection signatures. In particular, 120 hybrids of American origin and 100 European hybrids, along with 44 related V. vinifera cultivars, have been genotyped at 190 SSR loci. These markers have been chosen based on their physical distance in order to have 10 SSRs well-scattered along each chromosome. Based on the SSR profiles, the historical pedigree records have been verified. Following the trueness-to-type validation for most of the studied hybrids, the identity-by-descent (IBD) analysis has been performed, tracing the allelic flow through the successive generations. Here we report results about the identification of non-vinifera genomic intervals retained into the vinifera background and the anchoring of the discovered breeding signatures to the grapevine genome. In addition, we report on the PBA-based QTL results for segregating populations coming from pedigree-supported parental genotypes donors of resistance to downy mildew in north-eastern Italy.