Digital Commons Network^™

Character Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Irreconcilable Differences: Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku

Faculty Publications

This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …

The Use Of Placebos In Clinical Trials: Responsible Research Or Unethical Practice?, Sharona Hoffman

Faculty Publications

Developments in medical research have been occurring at a rapidly increasing rate during the past two decades. Expanding budgets, augmented computer capabilities, and new research tools have all dramatically enhanced research technology. Accompanying the proliferation of medical research are increasing concerns about research risks. This article focuses on placebo-controlled clinical trials. The use of placebos enables clinical investigators to compare results from subjects taking an experimental intervention to results from a group that is receiving an inactive substance, such as a sugar pill, in order to determine the efficacy of the new medication. In recent years, some surgeons have also …

Naturalized Epistemology And The Critique Of Evidence Theory, Dale A. Nance

Faculty Publications

In this article I give a mixed review Allen and Leiter’s naturalized epistemology theory of evidence. I applaud their focus on naturalized epistemology, but I question the claims that they argue follow from it. In some ways, my reaction is that they have not gone far enough in pressing its implications, and I attempt to suggest how further progress might be made along this path. On the whole, I conclude that the antipathy toward algrithms expressed by Allen and Leiter is misplaced.

Grave Secrets: Ethical And Legal Analysis Of Postmortem Confidentiality, Jessica Wilen Berg

Faculty Publications

*A young man finds a letter from his recently deceased's mother's therapist and calls the psychologist to get information about whether his mother sought counseling because of difficulties in their relationship. The therapist reassures the son that his mother came for help in dealing with her terminal illness.

*A now-adult child sues her deceased father's physician for failing to warn her that her father's death when she was 10 years old was due to colon cancer, a potentially inheritable disease.

*Following the death of Linda McCartney, a number of newspapers reporters, suspecting physician-assisted suicide, demanded access to her death certificate …

Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott

Faculty Publications

Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …

Colonialism And Landscape In The Americas: Material/Conceptual Transformations And Continuing Consequences, Andrew Sluyter

Faculty Publications

No abstract provided.

Comparison Of Genomic And Predicted Amino Acid Sequences Of Respiratory And Enteric Bovine Coronaviruses Isolated From The Same Animal With Fatal Shipping Pneumonia, V. N. Chouljenko, X. Q. Lin, J. Storz, K. G. Kousoulas, A. E. Gorbalenya

Faculty Publications

The complete genome sequences are reported here of two field isolates of bovine coronavirus (BCoV), which were isolated from respiratory and intestinal samples of the same animal experiencing fatal pneumonia during a bovine shipping fever epizootic. Both genomes contained 31028 nucleotides and included 13 open reading frames (ORFs) flanked by 5′- and 3′-untranslated regions (UTRs). ORF1a and ORF1b encode replicative polyproteins pp1a and pp1ab, respectively, that contain all of the putative functional domains documented previously for the closest relative, mouse hepatitis virus. The genomes of the BCoV isolates differed in 107 positions, scattered throughout the genome except the 5′-UTR. Differences …

Rickettsia Felis: Molecular Characterization Of A New Member Of The Spotted Fever Group, D. H. Bouyer, J. Stenos, P. Crocquet-Valdes, C. G. Moron, V. L. Popov, J. E. Zavala-Velazquez, L. D. Foil, D. R. Stothard, A. F. Azad, D. H. Walker

Faculty Publications

In this report, placement of Rickettsia felis in the spotted fever group (SFG) rather than the typhus group (TG) of Rickettsia is proposed. The organism, which was first observed in cat fleas (Ctenocephalides felis) by electron microscopy, has not yet been reported to have been cultivated reproducibly, thereby limiting the standard rickettsial typing by serological means. To overcome this challenge, several genes were selected as targets to be utilized for the classification of R. felis. DNA from cat fleas naturally infected with R. felis was amplified by PCR utilizing primer sets specific for the 190 kDa surface antigen (rOmpA) and …

The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii

Faculty Publications

This Article has four parts. First, it describes the general structure of the Federal Sentencing Guidelines and the approach to sentencing economic crimes in effect between 1987 and 2001. Second, it outlines the defects in the former economic crime guidelines that led to the call for reform. Third, it describes the process undertaken by the Sentencing Commission that led to the passage of the 2001 economic crime amendments and, in so doing, provides a roadmap to sources of legislative history. Fourth, it explains and analyzes the new guidelines in light of their legislative history, with primary emphasis on the consolidated …

Introduction: The Difficult First Amendment, Christina E. Wells

Faculty Publications

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.

Beyond Campaign Finance: The First Amendment Implications Of Nixon V. Shrink Missouri Pac, Christina E. Wells

Faculty Publications

This essay, however, is less concerned with the campaign finance aspects of Shrink than with the decision's broader implications. In the course of its decision, the Shrink Court not only obfuscated the standard of scrutiny applicable to contribution regulations, it effectively ignored the government's lack of factual support for the law, instead accepting the state's assertions at face-value. Consequently, Shrink is far more than a simple application of Buckley. Rather, it reflects fundamental problems with the Court's standards of review in First Amendment cases generally. The more global nature of Shrink's problems suggest that, despite scholarly focus on the Buckley …

Cybergossip Or Securities Fraud? Some First Amendment Guidance In Drawing The Line., Lyrissa Lidsky, Michael Pike

Faculty Publications

Fifteen-year-old Jonathan Lebed, the youngest person ever pursued by the SEC in an enforcement action, made over $800,000 in six months by promoting stocks on Internet message boards. Using several fictitious screen names, Jonathan posted hundreds of messages on Yahoo! Finance, hyping selected over-the-counter stocks and then promptly selling his pre-purchased shares as soon as the stock prices rose.

Publicly, the SEC painted a picture-perfect case of securities fraud. Yet, the SEC forced disgorgement of only $285,000 of Jonathan's profits, leaving many observers to wonder why the resolution of this supposedly clear-cut case left its teenaged perpetrator with over $500,000. …

Formulating Rational Drug Policy In California, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Does Technology Require New Law?, David D. Friedman

Faculty Publications

Technological change affects the law in at least three ways: (1) by altering the cost of violating and enforcing existing legal rules; (2) by altering the underlying facts that justify legal rules; and (3) by changing the underlying facts implicitly assumed by the law, making existing legal concepts and categories obsolete, even meaningless. The legal system can choose to ignore such changes. Alternatively, it may selectively alter its rules legislatively or via judicial interpretation. In this essay I first discuss, as an interesting historical example, past technological changes relevant to copyright law and the law's response. I then go on …

Public Librarians And The Civil Rights Movement: Alabama, 1955-1965, Patterson Toby Graham

Faculty Publications

Racial segregation in southern public libraries affected millions of African Americans before the Civil Rights movement, and for librarians in the South it created a conflict between professional and regional values. Ultimately, it was the efforts of black activists rather than librarians acting on their ethical impulses that ended library segregation. Librarians were constrained by local racial customs, Jim Crow laws, and, often, by their own racial attitudes. Also, librarians recognized that there were inherent dangers associated with defying the segregationists. There were a few, however, who challenged the racial status quo, and these individuals demonstrated the potential of librarians …

Fermi-Surface Measurements On The Low-Carrier Density Ferromagnet (Formula Presented) And (Formula Presented), Donavan Hall, D. P. Young, Z. Fisk, T. P. Murphy, E. C. Palm, A. Teklu, R. G. Goodrich

Faculty Publications

Recently it has been discovered that weak ferromagnetism of a dilute three-dimensional electron gas develops on the energy scale of the Fermi temperature in some of the hexaborides; that is, the Curie temperature approximately equals the Fermi temperature. We report the results of de Haas–van Alphen experiments on two concentrations of La-doped (formula presented) as well as Ca-deficient (formula presented) and Sr-deficient (formula presented) The results show that a Fermi surface exists in each case and that there are significant electron-electron interactions in the low-density electron gas. © 2001 The American Physical Society.

Estimating The Unbiased Estimator Θ For Population Genetic Survey Data, Jacqueline J. Weicker, Robb T. Brumfield, Kevin Winker

Faculty Publications

We consider a method of approximating Weir and Cockerham's θ, an unbiased estimator of genetic population structure, using values readily available from published studies using biased estimators (Wright's FST or Nei's GST). The estimation algorithm is shown to be useful for both model populations and real-world avian populations. However, the correlation between Wright's FST and Weir and Cockerham's θ is strong when compared among 39 empirical avian datasets. Thus, the advantage of approximating an unbiased estimator is unclear considering the small actual effect of θ's bias-removing power on empirical datasets.

The Asymptotic Equivalence Of The Fisher Information Matrices For Type I And Type Ii Censored Data From Location-Scale Families, Luis A. Escobar, William Q. Meeker

Faculty Publications

Type I and Type II censored data arise frequently in controlled laboratory studies concerning time to a particular event (e.g., death of an animal or failure of a physical device). Log-location-scale distributions (e.g., Weibull, log-normal, and loglogistic) are commonly used to model the resulting data. Maximum likelihood (ML) is generally used to obtain parameter estimates when the data are censored. The Fisher information matrix can be used to obtain large-sample approximate variances and covariances of the ML estimates or to estimate these variances and covariances from data. The derivations of the Fisher information matrix proceed differently for Type I (time …

Seasonal Distribution And Parasitism Of Scapteriscus Spp. (Orthoptera: Gryllotalpidae) In Southeastern Louisiana, D. C. Henne, S. J. Johnson

Faculty Publications

Mole crickets of the genus Scapteriscus were accidentally introduced into the southern United States almost a century ago and are considered to be economically important pests in southern U.S. regions. Mole crickets were sampled using acoustic traps in Baton Rouge and New Orleans, Louisiana in the fall of 1998, the spring and fall of 1999, and the spring of 2000. In southeastern Louisiana Scapteriscus borellii has a seasonal flight period starting in late February and continuing into June. A lesser flight period occurs in the fall, starting in mid-September and continuing into November. S. vicinus was captured only from late …

Selection, Egg Viability, And Fecundity Of The Sugarcane Borer (Lepidoptera: Crambidae) With Tebufenozide, L. M. Rodriguez, J. A. Ottea, T. E. Reagan

Faculty Publications

Two separate attempts to select the sugarcane borer, Diatraea saccharalis (F.), for resistance to tebufenozide were unsuccessful. Both selected colonies were lost after the fourth generation due to a lack of oviposition. Differences were not detected in fecundity or percent egg viability for 5-d-old third instars exposed to concentrations (EC5, EC15, and EC30) of tebufenozide for 7 d. Decreases (P ≤ 0.01) in mean female pupal weights were detected in larvae exposed to EC15 and EC30 concentrations. An ovicidal impact using serial dilutions of tebufenozide (10, 100, and 200 ppm) also was detected. Percent viability was reduced from 98% for …

Seiberg-Witten Invariants Of 4-Manifolds With Free Circle Actions, Scott Baldridge

Faculty Publications

The main results of this paper describes a formula for the Seiberg-Witten invariant of a 4-manifold which admits a nontrivial free circle action. We use this theorem to produce a nonsymplectic 4-manifold with a free circle action whose orbit space fibers over circle. We also describe a nontrivial 3-manifold which is not the orbit space of any symplectic 4-manifold with a free circle action. A corollary of the main theorem is a formula for the 3-dimensional Seiberg-Witten invariants of the total space of a circle bundle over a surface. © World Scientific Publishing Company.

Cure For Unstable Numerical Evolutions Of Single Black Holes: Adjusting The Standard Adm Equations In The Spherically Symmetric Case, Bernard Kelly, Pablo Laguna, Keith Lockitch, Jorge Pullin, Erik Schnetter, Deirdre Shoemaker, Manuel Tiglio

Faculty Publications

Numerical codes based on a direct implementation of the standard Arnowitt-Deser-Misner (ADM) formulation of Einstein's equations have generally failed to provide long-term stable and convergent evolutions of black hole space-times when excision is used to remove the singularities. We show that, for the case of a single black hole in spherical symmetry, it is possible to circumvent these problems by adding terms involving the constraints to the evolution equations, thus adjusting the standard ADM system. We investigate the effect that the choice of the lapse and shift has on the stability properties of numerical simulations and thus on the form …

Ebusiness In The Forest Products Industry: A Comparison Of The United States And Canada, R. P. Vlosky, O. T. Pitis

Faculty Publications

This study compares eBusiness capabilities of the forest products industries in the United States and Canada. Structural and functional factors limiting or encouraging eBusiness development, attitudes and perceived value of eBusiness, concerns and possible impacts of eBusiness on traditional business practices were studied. Results indicate that high potential exists for eBusiness to flourish in the forest products sectors in both these countries. However, the study indicated that Canadian respondents were further along in Internet implementation in 1998 relative to their U.S. counterparts. In addition, Canadian respondents had a higher degree of satisfaction in achieving the desired benefits of using the …

Self-Assembly Of A Bis-Urea Macrocycle Into A Columnar Nanotube, Linda S. Shimizu, Mark D. Smith, A. D. Hughes, Ken D. Shimizu

Faculty Publications

A bis-urea macrocycle 1 was synthesized and shown to form extended nanotubular columns byX-ray crystallography.

The Fcc's Third Report On Broadband Deployment: Inequitable, Untimely And Unreasonable, Allen S. Hammond Iv

Faculty Publications

No abstract provided.

Storytelling, Folktales And The Comic Book Format, Gail De Vos

Faculty Publications

The reading process in comics is an extension of text. In text alone the process of reading involves word-to-image conversion. Comics accelerate that by providing the image. When properly executed, it goes beyond conversion and speed and becomes a seamless whole. In every sense, this misnamed form of reading is entitled to be regarded as literature because the images are employed as a language. There is a recognizable relationship to the iconography and pictographs of oriental writing. When this language is employed as a conveyance of ideas and information, it separates itself from mindless visual entertainment. This makes comics a …

Bryan’S ‘A Cross Of Gold’: The Rhetoric Of Polarization At The 1896 Democratic Convention, William D. Harpine

Faculty Publications

No abstract provided.

Design Of Peptides With, Α,Β-Dehydro-Residues: A Dipeptide With A Branched Β-Carbon Dehydro-Residue At The (I+1) Position, Methyl N-(Benzyloxycarbonyl)-Α,Β-Didehydrovalyl-L-Tryptophanate, Vijayaraghavan Rangachari, Pravindra Kumar, Sharmistha Dey, Tej P. Singh

Faculty Publications

The structure of the title peptide, C₂₅H₂₇N₃O₅, has been determined and its conformation analysed. Values of the standard peptide torsion angles are φ(1) = -44.2 (3)°, ψ(1) = 135.9 (2)°, φ(2) = -141.6 (2)° and ψ(T/2) = 168.0 (2)°. The crystal structure is stabilized by an intermolecular hydrogen bond, with an N···O distance of 2.919 (3)Å, which is formed between screw-axis-related NH and CO groups of dehydrovaline residues.

Seven Principles Of Effective Teaching: A Practical Lens For Evaluating Online Courses, Charles R. Graham, Kursat Cagiltay, Byung-Ro Lim, Joni Craner, Thomas M. Duffy

Faculty Publications

The "Seven Principles for Good Practice in Undergraduate Education," originally published in the AAHE Bulletin (Chickering & Gamson, 1987), are a popular framework for evaluating teaching in traditional, face-to-face courses. The principles are based on 50 years of higher education research (Chickering & Reisser, 1993). A faculty inventory (Johnson Foundation, "Faculty," 1989) and an institutional inventory (Johnson Foundation, "Institutional," 1989) based on these principles have helped faculty members and higher-education institutions examine and improve their teaching practices.

We, a team of five evaluators from Indiana University's Center for Research on Learning and Technology (CRLT), recently used these principles to evaluate …