Digital Commons Network^™

When May A Judge, Instead Of A Jury, Find The Facts On Which A Criminal Sentence Is Based?, Michael M. O'Hear

Faculty Publications

No abstract provided.

Ethics, Evidence, And The Modern Adversary Trial, Daniel D. Blinka

Faculty Publications

No abstract provided.

Gis-Based Analysis Of Ice-Breeding Seal Strandings In The Gulf Of Maine, David Harris Ph.D., Sat Gupta

Faculty Publications

Phoca groenlandica (harp seals) and Cystophora cristata (hooded seals), two species of ice-breeding seals, are being sighted more frequently onshore in the Gulf of Maine since 1990, but little is known about their behavior in this ecosystem. We obtained records of 904 ice-breeding seal stranding locations in the Gulf of Maine between 1996 and 2002 from NOAA Fisheries and used a geographic information system (GIS) to conduct group-wise comparisons by species (using non-parametric techniques), and to determine the predictors of high seal-stranding density (using ordinal logistic regression analysis). Compared to harp seals, hooded seals stranded closer to deep water, farther …

Accessing The Internet Through The Neighbor's Wireless Internet Connection: Physical Trespass In Virtual Reality, Ned Snow

Faculty Publications

As wireless computer networks are becoming commonplace, so also is the practice of accessing the Internet through another's wireless network. The practice raises a simple question of law: Does accessing a wireless network, without express authorization, violate the property rights of the network operator? This Article argues that it does. A neighbor who intentionally accesses the Internet through a network operator's connection appears to trespass on physical property of the operator - the operator's router. Recent Internet jurisprudence suggests that the electronic signals that the neighbor sends through the router are sufficient to find trespassory physical contact. The same jurisprudence …

The Model Federal Sentencing Guidelines Project: Sentencing Factors Applicable To All Offense Types, Model Sentencing Guidelines §3.1 - 3.6, Frank O. Bowman Iii

Faculty Publications

This Article is the ninth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines.

Using Focus Groups In The Consumer Research Phase Of A Social Marketing Program To Promote Moderate-Intensity Physical Activity And Walking Trail Use In Sumter County, South Carolina, Ericka L. Burroughs, Lara E. Peck, Patricia A. Sharpe, Michelle L. Granner, Carol A. Bryant, Regina Fields

Faculty Publications

Introduction: The use of social marketing approaches in public health practice is increasing. Using marketing concepts such as the "four Ps" (product, price, place, and promotion), social marketing borrows from the principles of commercial marketing but promotes beneficial health behaviors. Consumer research is used to segment the population and develop a strategy based on those marketing concepts. In a community-based participatory research study, 17 focus groups were used in consumer research to develop a social marketing program to promote walking and other moderate-intensity physical activities.

Methods: Two phases of focus groups were conducted. Phase 1 groups, which included …

Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski

Faculty Publications

This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment.

The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …

Judicial Incorporation Of Trade Usages: A Functional Solution To The Opportunism Problem, Juliet P. Kostritsky

Faculty Publications

Article 2 of the UCC directed courts to look to business norms as a primary means of interpreting contracts. Recently the new formalists have attacked this strategy of norm incorporation as a misguided one that will lead inevitably to significant error costs. Accordingly, they have embraced plain meaning as the preferred interpretive strategy. This article argues that the strategy of rejecting trade usages unless they are part of the express contract is too rigid. The rejection is premised on an overly narrow cost/benefit analysis that fails to account for the functional role that such usages may play in curbing opportunistic …

Note, Sisyphus In A Coal Mine: Responses To Slave Labor In Japan And The United States, Timothy Webster

Faculty Publications

This Note argues that the recent wave of litigation brought by former Chinese slave laborers, while important in its own right, highlights the need for a more comprehensive solution. Although ideally the Japanese Diet will devise its own response to the problem of compensation, the experiences arising from the Holocaust litigation in the United States provide a meaningful yardstick for comparison. In the United States, a large-scale settlement scheme followed, and finalized, numerous lawsuits brought by former forced and slave laborers from World War II Europe. The American response, though based on different circumstances, led to a multibillion-dollar fund that …

Plasmid-Mediated High-Level Gentamicin Resistance Among Enteric Bacteria Isolated From Pet Turtles In Louisiana, María Alejandra Díaz, Richard Kent Cooper, Axel Cloeckaert, Ronald John Siebeling

Faculty Publications

The sale of small turtles is banned by the Food and Drug Administration from the U.S. market due to concerns about their excretion of Salmonella spp. To produce a safe pet for the export market, the Louisiana pet turtle industry uses gentamicin sulfate baths (1,000 μg/ml) to eradicate Salmonella spp. from turtle eggs. In 1999, we analyzed bacterial samples recovered from turtle farms and found that strains of Salmonella enterica subsp. arizonae and other bacteria, such as Enterobacter cloacae, Citrobacter freundii, Pseudomonas aeruginosa, and Stenotrophomonas maltophilia, were resistant to high concentrations of gentamicin (>2,000 μg/ml) and to other aminoglycosides. …

Effect Of Scraping Frequency In A Freestall Barn On Volatile Nitrogen Loss From Dairy Manure, V. R. Moreira, L. D. Satter

Faculty Publications

The objective of this investigation was to evaluate the effect of scraping frequency (2× vs. 6× daily) on N volatilization from manure on the floor of a dairy free-stall barn. Three trials (crossover design) were conducted in the summers of 2001 and 2002, and in the winter of 2003. Nitrogen volatilization was estimated from the change in the N:P ratio in excreta at the time of excretion to the time when manure was scraped from the barn. Total N loss was considered a maximum estimate of NH3-N loss, because small amounts of nonammonia N may be volatilized. Nitrogen was determined …

Effects Of Methionine And Lysine On Fermentation In Vitro And In Vivo, Nutrient Flow To The Intestine, And Milk Production, Y. H. Chung, H. G. Bateman, C. C. Williams, C. C. Stanley, D. T. Gantt, T. W. Braud, L. L. Southern, J. D. Ward, P. G. Hoyt, G. A. Sod

Faculty Publications

Three experiments were conducted to investigate the feasibility of using crystalline methionine and lysine as protein supplements for lactating Holstein cows. In the first experiment, Met (DL-methionine) and Lys (L-lysine-HCl) were added to diets used in continuous culture bioreactors to estimate optimal concentrations for use in subsequent in vivo experiments. The second experiment measured ruminal fermentation and nutrient flow to the small intestine when Met and Lys were top-dressed on diets fed to nonlactating cows. The third experiment measured lactation performance when Met and Lys were added to diets fed to late-lactation cows. Providing 0.29 and 2.27% of dry matter …

Sequence Variation In The Coding Region Of The Melanocortin-1 Receptor Gene (Mc1r) Is Not Associated With Plumage Variation In The Blue-Crowned Manakin (Lepidothrix Coronata), Z. A. Cheviron, Shannon J. Hackett, Robb T. Brumfield

Faculty Publications

Avian plumage traits are the targets of both natural and sexual selection. Consequently, genetic changes resulting in plumage variation among closely related taxa might represent important evolutionary events. The molecular basis of such differences, however, is unknown in most cases. Sequence variation in the melanocortin-1 receptor gene (MC1R) is associated with melanistic phenotypes in many vertebrate taxa, including several avian species. The blue-crowned manakin (Lepidothrix coronata), a widespread, sexually dichromatic passerine, exhibits striking geographic variation in male plumage colour across its range in southern Central America and western Amazonia. Northern males are black with brilliant blue crowns whereas southern males …

Phytochrome Genes In Higher Plants: Structure,Expression, And Evolution, Robert A. Sharrock, Sarah Mathews

Faculty Publications

© 2006 Springer. All Rights Reserved. Phytochromes play critical roles in monitoring light quantity, quality, and periodicity in plants and they relay this photosensory information to a large number of signaling pathways that regulate plant growth and development. Given these complex functions, it is not surprising that the phytochrome apoproteins are encoded by small multigene families and that different forms of phytochrome regulate different aspects of photomorphogenesis. Over the course of the last decade, progress has been made in defining the number, molecular properties, and biological activities of the photoreceptors that constitute a plant R/FR sensing system. This chapter summarizes …

Parenting And Peer-Group Behavior In Cultural Context, David A. Nelson, Larry J. Nelson, Craig H. Hart, Chongming Yang, Shenghua Jin

Faculty Publications

© Cambridge University Press 2006 and Cambridge University Press, 2009. Whether specific patterns of parenting are similarly associated with child peer group behavior in diverse cultural contexts has been a fascinating topic of inquiry. From classic anthropological studies dating back to the early twentieth century to the current interest in cross-cultural studies, knowledge concerning the question of universality and cultural variation in parenting linkages to childhood adjustment has expanded at an unprecedented rate (e.g., Harkness & Super, 2002). As the general field of parenting research has uncovered distinctions in parenting styles and practices (e.g., Darling & Steinberg, 1993; Hart, Newell, …

Relations Between Chinese Mothers' Parenting Practices And Social Withdrawal In Early Childhood, Larry J. Nelson, Craig H. Hart, Bo Wu, Chongming Yang, Susanne Olsen Roper, Shenghua Jin

Faculty Publications

Researchers have identified specific parenting practices used by parents of preschoolers in mainland China (e.g., physical coercion, overprotection, shaming, directiveness, encouragement of modesty). Some of the intrusive practices have been linked to social withdrawal in western societies (e.g., United States, Canada). It seemed important to examine these associations in China because recent research suggests that young Chinese children who exhibit wariness in peer settings may be at risk for negative outcomes such as peer rejection. Therefore, the purpose of this study was to examine the relation between Chinese parenting practices and preschoolers' social withdrawal. Mothers of preschool-age children from mainland …

Cardiovascular Disease And Associated Risk Factors In Cuba: Prospects For Prevention And Control, Richard S. Cooper, Pedro Orduñez, Marcos D.Iraola Ferrer, Jose Luis Bernal Munoz, Alfredo Espinosa-Brito

Faculty Publications

Objectives. An adequate description of the trends in cardiovascular disease (CVD) is not available for most of the developing world. Cuba provides an important exception, and we sought to use available data to offer insights into the changing patterns of CVD there. Methods. We reviewed Cuban public health statistics, surveys, and reports of health services. Results. CVD has been the leading cause of death since 1970. A 45% reduction in heart disease deaths was observed from 1970 to 2002; the decline in stroke was more limited. There are moderate prevalences of all major risk factors. Conclusions. The Cuban medical care …

Dating Paleosol And Animal Remains In Loess Deposits, H. C. Zhang, B. Li, M. S. Yang, G. L. Lei, H. Ding, Jie Niu, H. F. Fan, W. X. Zhang, F. Q. Chang

Faculty Publications

Accurate and reliable dating of paleosols, animal remains, and artifacts is of crucial importance in reconstructing environmental change and understanding the interrelationship between human activities and natural environments. Dating different materials in the same sample can help resolve problems such as soil carbon sources and carbon storage state. Conventional radiocarbon dating of soil (inorganic and organic matter) and accelerator mass spectrometry (AMS) dating of animal remains (fossil bones and teeth) result in different ages for materials from the same sample position in a typical loess section at Xinglong Mountain, Yuzhong County, Gansu Province in NW China. Inorganic matter is ∼3400 …

Chronic Aspiration Of Gastric Fluid Accelerates Pulmonary Allograft Dysfunction In A Rat Model Of Lung Transplantation, Matthew G. Hartwig, James Z. Appel, Bin Li, Chong Chao Hsieh, Yong Han Yoon, Shu S. Lin, William Irish, William Parker, R. Duane Davis

Faculty Publications

Objective: Emerging clinical evidence suggests that gastroesophageal reflux disease is associated with pulmonary allograft dysfunction. In this study, we used a model of rat lung transplantation to test the hypothesis that chronic aspiration of gastric contents accelerates pulmonary allograft dysfunction. Methods: We evaluated the effects of chronic aspiration on pulmonary isografts (strain F344) and pulmonary allografts (strain WKY to strain F344). Chronic aspiration consisted of 0.5 mL/kg of filtered gastric contents injected weekly into the left lung for 4 to 8 weeks beginning 1 week after transplantation. Seven days after the last aspiration, animals were killed, and grafts were evaluated …

Avian Influenza (H5n1) And The Evolutionary And Social Ecology Of Infectious Disease Emergence, Durrell D. Kapan, Shannon N. Bennett, Brett N. Ellis, Jefferson Fox, Nancy D. Lewis, James H. Spencer, Sumeet Saksena, Bruce A. Wilcox

Faculty Publications

No abstract provided.

In A Pig's Eye: Masculinity, Mastery, And The Returned Gaze Of The Blithedale Romance, David Greven

Faculty Publications

No abstract provided.

Panzea: A Database And Resource For Molecular And Functional Diversity In The Maize Genome, Wei Zhao, Payan Canaran, Rebecca Jurkuta, Theresa Fulton, Jeffrey Glaubitz, Edward Buckler, John Doebley, Brandon Gaut, Major Goodman, Jim Holland, Stephen Kresovich, Michael Mcmullen, Lincoln Stein, Doreen Ware

Faculty Publications

Serving as a community resource, Panzea is the bioinformatics arm of the Molecular and Functional Diversity in the Maize Genome project. Maize, a classical model for genetic studies, is an important crop species and also the most diverse crop species known. One average, two randomly chosen maize lines have one single-nucleotide polymorphism every ~100 bp; this divergence is roughly equivalent to the differences between humans and chimpanzees. This exceptional genotypic diversity underlies the phenotypic diversity maize needs to be cultivated in a wide range of environments. The Molecular and Functional Diversity in the Maize Genome project aims to understand how …

A Congressional Attempt To Alleviate The Uncertainty Of The Court’S Establishment Clause Jurisprudence: The Public Expression Of Religion Act, Patrick Garry

Faculty Publications

No abstract provided.

Judicial Review And The “Hard Look” Doctrine, Patrick Garry

Faculty Publications

No abstract provided.

Taking A Closer Look At Measurement – Using Teacher Read Alouds Of Nonfiction To Develop Students’ Measurement Sense, Elana Joram, Faith Garcia

Faculty Publications

Many students think of measurement as a set of procedures, for example, lining up a ruler with an object, and stating the number on the ruler that corresponds with one end of the object. This may be one reason that measurement is typically one of the weakest areas of mathematical achievement on the National Assessment of Educational Progress (Struchens, Martin, & Kenney, 2003). To combat students’ weaknesses in measurement, we suggest that in the early grades they need to develop a feel for standard measurement units, such as inches and feet, and become familiar with real world referents that correspond …

Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah

Faculty Publications

Ten years after the genocide in Rwanda, the government issued broad new laws outlawing the use of ethnic categories, with a view to uniting all Rwandans under a single Rwandan identity. This self-erasure of ethnic identity is deployed primarily within the borders of the state, to enable reconciliation after the genocide in 1994. Outside the borders, the state deploys ethnic identity as one of the rationales for its cross-border wars (in the Democratic Republic of Congo).

The Role Of The Church In The Interpretation Of Scripture, Richard M. Davidson

Faculty Publications

No abstract provided.

Quantification Of Doxorubicin Concentration In Rat Tissues Using Polymeric Micelles In Ultrasonic-Drug Delivery, William G. Pitt, Beverly Roeder, Bryant J. Staples

Faculty Publications

The triblock copolymer, Pluronic P105, has been found to be an ideal ultrasonically activated drug delivery vehicle because it forms micelles with hydrophobic polypropylene oxide cores that sequester hydrophobic drugs (Fig. 1). These micelles release their contents upon the application of low frequency ultrasound [1]such that drugs can be released specifically at the ultrasonicated region (Fig. 2). Such ultrasonically controlled release has been effective against cancer cells in vitro [2] and in vivo [3]. The purpose of this research is to assess the use of these novel polymeric micelles in ultrasonically-activated Doxorubicin® (DOX) delivery to tumors. This cancer therapy involves …

From Clay Tablets To Canon: The Story Of The Formation Of Scripture, Kerry M. Muhlestein

Faculty Publications

Presented at the 35th Sperry Symposium. The Sidney B. Sperry Symposium is sponsored by Brigham Young University Religious Education and the Church Educational System. It is difficult for us, in the age of information, to appreciate the impact of both the sweeping movements and technical advances that allowed for the creation of the canonized book we call the Bible. We live in a time when we regularly turn to written documents for the "final word", and we take for granted an astounding volume of written works and easy access to them. Indeed, it has been argued that U.S. culture has …

Information Pursuit In Financial-Statement Analysis: Effects Of Choice, Effort, And Disaggregation, Mark W. Nelson, William B. Tayler

Faculty Publications

Prior research provides evidence that financial-statement users weight information less heavily in judgment when that information is provided in a less accessible format (e.g., information disclosed in a footnote or less important financial statement rather than being recognized on the income statement (Maines and McDaniel 2000)). We provide evidence that, conditional on users performing the analysis necessary to transform the financial statements to appear as if disclosed information had been recognized, users may weight that information more heavily than it would have been if it had been recognized. Our experiments are set in the context of constructive capitalization of operating …