Digital Commons Network^™

Generic Protestantism: The Gospel's Embrace Of Culture?, Alan G. Padgett

Faculty Publications

No abstract provided.

Daubert Challenges To Fingerprints, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Augustinian Imperfection: Faith, Christ, And Imputation And Its Role In The Ecumenical Discussion Of Justification, Steven D. Paulson

Faculty Publications

No abstract provided.

The Preaching Office And The Preacher Among American Lutherans Today, Steven D. Paulson

Faculty Publications

No abstract provided.

Research Agenda For Studying Open Source Ii: View Through The Lens Of Referent Discipline Theories, Ashley R. Davis, Fred Niederman, Martina E. Greiner, Donald Wynn, Paul T. York

Faculty Publications

In a companion paper [Niederman et al., 2006] we presented a multi-level research agenda for studying information systems using open source software. This paper examines open source in terms of MIS and referent discipline theories that are the base needed for rigorous study of the research agenda.

Writing Across Curriculum: Evaluating A Faculty-Centered Approach, Marilyn K. Easter, Rolanda P. Farrington Pollard

Faculty Publications

This paper discusses research on a pilot study for implementing a Writing Across the Curriculum (WAC) program in the College of Business (CoB) at a California Public University. Data analysis focused on faculty and writing assistant satisfaction using interviews, and on student learning as measured by evaluation of progressive writing assignments. Discussion includes: 1) assumptions on which the pilot was based and its goals, 2) overview of how the program was structured and implemented, 3) outcomes of the pilot program, and 4) recommendations for future programs. Results suggest both faculty and student participants were satisfied with the pilot program implementation …

Concurrent Planning In Public Child Welfare Agencies: Oxymoron Or Work In Progress?, Amy C. D’Andrade, L Frame, J D. Berrick

Faculty Publications

Concurrent planning is used increasingly in child welfare practice as one strategy to expedite permanency for children. The strategy was developed in small, private agency contexts utilizing comprehensive and intensive services; how and with what success concurrent planning concepts have been implemented by large public child welfare bureaucracies is not known. This study examines the implementation of concurrent planning in six county child welfare agencies in a large western state. Quantitative data were extracted from case files of a sample of 885 children entering out-of-home care before and after implementation of concurrent planning legislation. Interviews and focus groups with 180 …

Interactional Competence And The Use Of Modal Expressions In Decision-Making Activities: Ca For Understanding Microgenesis Of Pragmatic Competence, Midori Ishida

Faculty Publications

Interlanguage pragmatics (Kasper & Blum-Kulka, 1993) is a research area that is concerned with what second language (L2) learners do with the target language, and how their competence in using the language develops over time. However, until 1996 when Kasper and Schmidt put out agendas for more developmentally oriented investigations, research on interlanguage pragmatics had been predominated by studies focusing on the former, L2 use at a point in time. This research area has matured more by now in the area of developmental interlanguage pragmatics, as reviewed in Kasper and Rose (2002). Along with an increased attention to longitudinal development …

Introducing Semantics In Web Personalization: The Role Of Ontologies, Magdalini Eirinaki, Dimitrios Mavroeidis, George Tsatsaronis, Michalis Vazirgiannis

Faculty Publications

Web personalization is the process of customizing a web site to the needs of each specific user or set of users. Personalization of a web site may be performed by the provision of recommendations to the users, high-lighting/adding links, creation of index pages, etc. The web personalization systems are mainly based on the exploitation of the navigational patterns of the web site’s visitors. When a personalization system relies solely on usage-based results, however, valuable information conceptually related to what is finally recommended may be missed. The exploitation of the web pages’ semantics can considerably improve the results of web usage …

A Development Framework For Hands-On Laboratory Modules In Microelectromechanical Systems (Mems), S J. Lee, S Gleixner, T R. Hsu, David W. Parent

Faculty Publications

No abstract provided.

Fans, Free Expression, And The Wide World Of Sports, Howard M. Wasserman

Faculty Publications

No abstract provided.

Asking The Straight Question: How To Come To Speech In Spite Of Conceptual Liquidation As A Homosexual, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Charms, Carol A. Leibiger

Faculty Publications

No abstract provided.

Estimating Hydrodynamic Quantities In The Presence Of Microscopic Fluctuations, Alejandro Garcia

Faculty Publications

This paper discusses the evaluation of hydrodynamic variables in the presence of spontaneous fluctuations, such as in molecular simulations of fluid flows. The principal point is that hydrodynamic variables such as fluid velocity and temperature must be defined in terms of mechanical variables such as momentum and energy density). Because these relations are nonlinear and because fluctuations of mechanical variables are correlated, care must be taken to avoid introducing a bias when evaluating means, variances, and correlations of hydrodynamic variables. The unbiased estimates are formulated; some alternative, incorrect approaches are presented as cautionary warnings. The expressions are verified by numerical …

Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman

Faculty Publications

No abstract provided.

The Effect Of Carbon Revenues On The Rotation And Profitability Of Loblolly Pine Plantations In East Texas, Ching Hsun Huang, Gary D. Kronrad

Faculty Publications

This study determined the profitability and financially optimal thinning and final harvest rotation of loblolly pine (Pinus taeda) managed exclusively for timber production or for dual products of timber production and carbon sequestration. The results suggest that 1) depending on landowner’s alternative rate of return, the inclusion of carbon revenues in forest management may shorten or prolong the optimal timber-carbon rotation length, compared to the optimal rotation that maximizes timber value only; 2) the effect of carbon revenues on the optimal rotation length and the percentage gain in soil expectation value is larger on low-productivity sites than on high-productivity sites, …

Effects Of Flooding Regime, Mycorrhizal Inoculation And Seddling Treatment Type On First-Year Survival Of Nuttall Oak (Quercus Nuttallii Palmer), Hans Michael Williams, Virginia Burkett

Faculty Publications

Three different types of Nuttall oak ( Quercus nuttallii Palmer) seedlings were planted on floodprone, former cropland in Mississippi, Louisiana, and Texas. The three types of 1+0 seedlings planted at each site in January and February of 1995 were bareroot seedlings, seedlings grown in 164 square centimeters plastic containers, and containergrown seedlings inoculated with vegetative mycelia of Pisolithus tinctorious (Pers.) Coker and Couch. Seedlings at the Mississippi site were planted in a split-plot design at three different elevations, which provided three different natural flooding treatments. Seedlings at the other two sites were planted in a Latin square design at a …

Winter Food Habits And Preferences Of Northern Bobwhites In East Texas, Donald R. Dietz, R. Montague Whiting Jr., Nancy E. Koerth

Faculty Publications

During late winter, 1994 and 1995, we investigated food habits and preferences of northern bobwhites (Colinus virginianus; hereafter, bobwhites) collected on forested lands in east Texas. Crops for bobwhites were collected from areas under 3 management regimes, namely intensively managed for bobwhites (QMA) (i.e., tree basal area reduced, annually burned, numerous multi-stage food plots, etc.), extensively managed for timber and wildlife (NBS) (i.e., burned every 3-5 years, scattered 2-stage food plots with corn feeders), and unmanaged for wildlife (i.e., burned every 5-7 years). With years pooled, partridge pea (Cassia fasciculata), Hercules club (Zanthoxylum clava-herculis), and pine (Pinus spp.) seeds, and …

The Stoic Monastic: Taiwanese Buddhism And The Problem Of Emotions, Hillary Crane

Faculty Publications

This paper explores the stoicism of Taiwanese monastics and argues that, in this context, emotions are believed to be dangerous in part because they interfere with spiritual cultivation. A stoic exterior further represents an inner state of calm and a lack of emotionality. Since women are believed to have more emotional problems than men, nuns in particular seek to control their emotions, in part by studying the example of monks. Women’s emotions are contrasted with the trait of compassion, which is associated with men and thought to be selfless. Cultivating compassion is the focus of much of their spiritual practice …

Creativity, Free Expression, And Professionalism: Value Conflicts In U.S. Community Radio, Michael Huntsberger

Faculty Publications

This study investigates how the values of free expression and professionalism provide the basis for interpersonal and organizational conflict in U.S. community radio stations, and shape divergent approaches to audience service. Using qualitative methods, the project examines the motivations, expressions, and behaviors of producers and managers to establish how their values contribute to cooperation and dissention within these organizations. The study illustrates the delicate balance that exists between content-centered and audience-centered objectives, concluding that these core values have a pervasive effect on community radio’s capacity to reach audiences and promote social change through the media.

Dam Impacts On The Changjiang (Yangtze) River Sediment Discharge To The Sea: The Past 55 Years And After The Three Gorges Dam, Z. Yang, H. Wang, Y. Saito, J. D. Milliman, K. Xu, S. Qiao, G. Shi

Faculty Publications

No abstract provided.

Underage Drinking: Does Current Policy Make Sense?, Judith G. Mcmullen

Faculty Publications

This Article examines the history of laws and policies regulating consumption of alcoholic beverages by young people in the United States, and examines youth drinking patterns that have emerged over time. Currently, all 50 states have a minimum drinking age of 21. Various rationales are offered for the 21 drinking age, such as the claim that earlier drinking hinders cognitive functions, and the claim that earlier drinking increases the lifetime risk of becoming an alcoholic. While there is sufficient evidence to support the claim that it would be better for adolescents and young adults if they did not drink prior …

A Place On The Team: The Triumph And Tragedy Of Title Ix, A Review Essay, Paul M. Anderson

Faculty Publications

No abstract provided.

The (Neglected) Importance Of Being Lawrence: The Constitutionalization Of Public Employee Rights To Decisional Non-Interference In Private Affairs, Paul M. Secunda

Faculty Publications

This paper argues that whatever debates continue to stew regarding the true meaning of Lawrence v. Texas, at the very least, Lawrence represents the recognition of an individual's heightened interest in decisional non-interference in private affairs. This is an important constitutional development since a problem under the doctrine of unconstitutional conditions only arises when the government offers a benefit, like government employment, conditioned on the waiver of a preferred constitutional right. Thus, a government employer, post-Lawrence, should be prohibited, under the doctrine of unconstitutional conditions, from firing a government employee who exercises her rights to decisional non-interference in private affairs. …

Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, Paul M. Secunda

Faculty Publications

Although ERISA expressly permits employers to act as both an employer/plan sponsor and fiduciary of an ERISA employee benefit plan, the statute does not address itself to whether corporate counsel should represent an employer in both of these capacities. Conflicts of interest frequently arise in this context because corporate officers have a fiduciary duty to act in the best interests of their shareholders, while ERISA plan fiduciaries have a duty to act in the best interests of the plan participants and beneficiaries.

Although the Model Rules speak generically of how to identify the client in corporate situations, and also of …

Toward An Accountability-Based Definition Of Mercenary, Ryan M. Scoville

Faculty Publications

Mercenary violence is an increasingly serious threat to international security. From a legal perspective, the development of this threat is problematic because the international treaties that regulate "mercenaries" operate on a flawed definition of the concept. Even the most recent definition neither accounts for changes in global security over the past decade nor reflects the fundamental problem with mercenaries - the fact that they are not state-accountable actors. These deficiencies have contributed to the spread of mercenary activity by complicating treaty enforcement and undermining state support for the current law. This Note therefore proposes a new definition of "mercenary." The …

Overvalued Equity And The Case For An Asymmetric Insider Trading Regime, Thom Lambert

Faculty Publications

This article argues for an asymmetric insider trading policy under which insider trading that decreases the price of an overvalued stock is generally permitted, but insider trading that increases the price of an undervalued stock is generally prohibited. Concluding that the net investor benefits of price-decreasing insider trading exceed those of price-enhancing insider trading, the article argues that an asymmetric insider trading regime likely represents the bargain that shareholders and corporate managers would strike if they were legally and practically able to negotiate an insider trading policy. Current insider trading doctrine would permit regulators to impose such an asymmetric insider …

Antitrust Law On The Borderland Of Language And Market Definition: Is There A Separate Spanish-Language Radio Market?, Catherine J. K. Sandoval

Faculty Publications

No abstract provided.

The Professionalization Of Law Firm In-House Counsel, Elizabeth Chambliss

Faculty Publications

This Article examines the structural evolution of the "firm counsel" position from a volunteer, part-time position filled by an existing partner to a specialized, often full-time position increasingly filled by career in-house counsel. Based on focus groups and interviews with firm counsel, as well as participant observation at meetings and conferences aimed at firm counsel, I examine how the professionalization of the firm counsel position affects: (1) the definition of the firm as the client; (2) the authority of firm counsel with partners; and (3) firm counsels' professional commitments and attitudes about ethical rules.

I find that, from a regulatory …

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 …