Digital Commons Network^™

Home Ranges Of Rat Snakes (Colubridae: Elaphe) In Different Habitats, Stephen J. Mullin, William H. N. Gutzke, Gary D. Zenitsky, Robert J. Cooper

Faculty Publications

Based on our findings, we suggest that rat snakes represent not only a major predator of kites, but also of other canopy and mid-story nesting species in the southeastern United States. For example, rat snakes are the most dominant snake nest predator of bird nests throughout the Southeast (DeGregorio et al. 2014) and are skilled tree climbers that often occupy arboreal habitats (Jackson 1976, Keller and Heske 2000, Sperry et al. 2009), particularly in bottomland forests (Mullin et al. 2000, Carfagno and Weatherhead 2009). Thus, the role of rat snakes as predators of nests above the understory is likely underappreciated …

The Power Of Codification In Latin America: Simón Bolívar And The Code Napoléon, M C. Mirow

Faculty Publications

Codification can be an effective means to centralize and to consolidate state power. The use of codification in this manner runs against the commonly perceived notion that it promotes republican and egalitarian values. As Simon Bolivar's dictatorship quickly crumbled around him, he turned to codification based on the Code Napoleon as part of an attempt to unify Gran Colombia. Factors leading him to this undertaking and source were the need for legal reform, his emulation of Napoleon, his exposure to the works of Jeremy Bentham, and, speculatively, the influence of Andres Bello. Boivar's attempt at codification was not to complete …

Reflections: Beyond Compliance Theory-Trips As A Substantive Issue, Peter M. Gerhart

Faculty Publications

Introduction to symposium on TRIPS as a Substantive Issue, Cleveland, Ohio, 2000.

Life In A Pine Cone, David L. Kulhavy

Faculty Publications

This exercise focuses on a little-known microhabitat -- the pine cone. A pine cone's primary function is, of course, reproduction ... housing the seeds of the next generation of conifer trees. However, pine cones are also the basis of a food web that provides both resources and living space for a wide variety of small arthropod species. The procedure outlined below is designed to examine this microhabitat and compare its community diversity among different species of conifers and habitats.

The exercise is based on a 1985 paper, Life in a Pine Cone, by David L. Kulhavy, Robert S. Baldridge and …

Adjusting Discount Rates For Income Taxes And Inflation: A Three-Step Proces, Steven H. Bullard, John E. Gunter

Faculty Publications

Income taxes and inflation must be correctly accounted for in forest valuation and investment analysis. In a specific analysis, the discount rate and all costs and revenues should be either before or after taxes, and they should include or exclude inflation consistently. We summarize eight formulas for adjusting discount rates for income taxes and inflation in a simple three-step process. A one-page figure is presented that can be used as a stand-alone tool for correctly adjusting discount rates. South. J. Appl. For. 24(4):193-195.

Tort Liability, Religious Entities, And The Decline Of Constitutional Protection, Scott C. Idleman

Faculty Publications

This article examines the long-term viability of the First Amendment prohibition on the adjudication of legal actions requiring the resolution of religious questions, such as disputes over theological doctrine, scriptural interpretation, or ecclesiastical law. In particular, the article focuses on tort suits against religious institutions and clergy, often stemming from the latter's alleged misconduct towards congregants or children. Part I contends that the bar on certain tort actions is actually an application of a more general prohibition on the adjudication of religious questions and examines the contours of this prohibition and its specific application in the tort context. Part II …

When Is A State Post-Conviction Application “Properly Filed” Within The Meaning Of The Aedpa?, Jay E. Grenig

Faculty Publications

No abstract provided.

What Constitutes Ineffective Assistance Of Counsel At Sentencing?, Jay E. Grenig

Faculty Publications

No abstract provided.

The Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill

Faculty Publications

No abstract provided.

Can The Police "Impound" A Home While They Seek A Search A Search Warrant?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Is There A Uniform Trust Act In Your Future, David M. English

Faculty Publications

The National Conference of Commissioners on Uniform State Laws (NCCUSL) is close to completing the first comprehensive attempt at the national level to codify the law of trusts-the Uniform Trust Act (Act). This article describes the reasons for the Act and many of its provisions. The Act is scheduled for final reading and approval by NCCUSL during the summer of 2000, meaning that states may begin enacting the Act in its final form in their 2001 legislative sessions. This article is based on the draft discussed at NCCUSL's 1999 annual meeting.

Does The Aedpa Apply To A Habeas Petition Filed After An Exhaustion Of State Remedies?, Jay E. Grenig

Faculty Publications

No abstract provided.

Erratum: "Cell Size Dependence Of Transport Coefficients In Stochastic Particle Algorithms", Alejandro Garcia, F. Alexander, B. Alder

Faculty Publications

No abstract provided.

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal

Faculty Publications

Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, …

Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman

Faculty Publications

Currently, approximately 1.8 million people are incarcerated in the United States at any given time. A disproportionately large percentage of the prisoner population has serious illnesses, such as AIDS and tuberculosis. Prisoners most often, however, are barred from participation in clinical trials, even when conventional therapy has failed, and experimental treatment might provide them with their only hope of survival.

Much of the reluctance to include prisoners in biomedical research is based on history. In the past, prisoners have been severely abused and even tortured in medical studies conducted in the Nazi death camps, Japanese prisoner camps, and correctional facilities …

Ellen G. White's Conceptual Understanding Of The Sanctuary And Hermeneutics, Denis Fortin

Faculty Publications

No abstract provided.

The Laying On Of Hands, P. Gerard Damsteegt

Faculty Publications

This chapter responds to the argument that the laying on of hands is a part of the ordination service. In the Bible both men and women experience the laying on of hands, so both genders should qualify for ordination to the ministry. The chapter's evaluation brings out that this reasoning fails to take into consideration that the Bible has certain requirements for the office of elder and minister. Therefore, a woman does not have these biblical qualifications and consequently should not be ordained to these positions.

Fronting And Palatalization In Two Dialects Of Shoshoni, Dirk Elzinga

Faculty Publications

In Western Shoshoni, a Uto- Aztecan language spoken in northern Nevada, coronal obstruents are found in distributional patterns which depend on the presence or absence of a preceding front vowel ([i] or [e]). In the pattern I refer to as FRONTING, alveolar stops alternate with dental stops - dental stops occur following front vowels (la), while alveolar stops occur elsewhere (lb); this pattern is common to all dialects:

Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler

Faculty Publications

No abstract provided.

Policing Diversity: Lessons From Lambeth, A. Benjamin Spencer, Michael Hough

Faculty Publications

This report describes a local initiative, Policing Diversity in Lambeth (PDL), which was developed to address the challenges of policing a highly ethnically diverse population.

The report is timely. The report of the Macpherson Inquiry into the death of Stephen Lawrence has substantially redrawn the policy landscape in relation to policing and race issues. The Home Secretary’s priorities for policing in 2000-1 emphasise the need for improved community relations. The follow-up report by Her Majesty’s Inspectorate of Constabulary, ‘Winning the Race Revisited’, further stressed the need for urgent action. Parallel with these developments, the 1998 Crime and Disorder Act imposed …

A Multiplex Approach To Molecular Detection Of Brucella Abortus And/Or Mycobacterium Boris Infection In Cattle, Srinand Sreevatsan, Jack B. Bookout, Fidel Ringpis, Veera S. Perumaalla, Thomas A. Ficht, L. Garry Adams, Sue D. Hagius, Philip H. Elzer, Betsy J. Bricker, Girish K. Kumar, M. Rajasekhar, Srikrishna Isloor, Raj R. Barathur

Faculty Publications

A multiplex amplification and detection platform for the diagnosis of Mycobacterium bovis and Brucella abortus infection simultaneously in bovine milk and nasal secretions was developed. This system (designated the bovine pathogen detection assay [BPDA]-PCR) consists of duplex amplification of species-specific targets (a region of the BCSP31K gene of B. abortus and a repeat-sequence region in the hsp65 gene of M. bovis, respectively). This is followed by a solid-phase probe capture hybridization of amplicons for detection. On the basis of spiking experiments with normal milk, the analytical sensitivity of the assay was 800 CFU equivalents/ml of milk for B. abortus and …

Measurement Of Diffractive Photoproduction Of Vector Mesons At Large Momentum Transfer At Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, G. Abbiendi, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, N. Coppola, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

No abstract provided.

Measurement Of The Spin-Density Matrix Elements In Exclusive Electroproduction Of Ρ0 Mesons At Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, G. Abbiendi, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, N. Coppola, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

Exclusive electroproduction of ρ0 mesons has been measured using the ZEUS detector at HERA in two Q2 ranges, 0.25 < Q2 < 0.85 GeV2 and 3 < Q2 < 30 GeV2. The low-Q2 data span the range 20 < W < 90 GeV; the high-Q2 data cover the 40 < W < 120 GeV interval. Both samples extend up to four-momentum transfers of |t| = 0.6 GeV2. The distribution in the azimuthal angle between the positron scattering plane and the ρ0 production plane shows a small but significant violation of s-channel helicity conservation, corresponding to the production of longitudinally polarised (i.e. helicity zero) ρ0 mesons from transverse photons. Measurements of the 15 combinations of spin-density matrix elements which completely define the angular distributions are presented and discussed.

Measurement Of High-Q2 Charged-Current E+P Deep Inelastic Scattering Cross Sections At Hera, J. Breitweg, S. Chekanov, M. Derrick, D. Krakauer, S. Magill, B. Musgrave, A. Pellegrino, J. Repond, R. Stanek, R. Yoshida, Margarita C. K. Mattingly, G. Abbiendi, F. Anselmo, P. Antonioli, G. Bari, M. Basile, L. Bellagamba, D. Boscherini, A. Bruni, G. Bruni, G. Cara Romeo, G. Castellini, L. Cifarelli, F. Cindolo, A. Contin, N. Coppola, M. Corradi, S. De Pasquale, P. Giusti, G. Iacobucci, G. Laurenti

Faculty Publications

The e+p charged-current deep inelastic scattering cross sections, dσ/dQ2 for Q2 between 200 and 60000 GeV2, and dσ/dx and dσ/dy for Q2 > 200 GeV2, have been measured with the ZEUS detector at HERA. A data sample of 47.7 pb-1, collected at a center-of-mass energy of 300 GeV, has been used. The double-differential cross-section dσ/dQ2 falls by a factor of about 50000 as Q2 increases from 280 to 30000 GeV2. The double differential cross section d2σ/dxdQ2 has also been measured. A comparison between the data and Standard Model (SM) predictions shows that contributions from antiquarks (ū and c̄) and quarks (d …

Predicting Turnover And Retention In Nursing Home Administrators: Management And Policy Implications, Douglas A. Singh, Robert C. Schwab

Faculty Publications

Administrator turnover and its impact on the quality of patient care are important concerns in the nursing home industry. This study evaluates a model to determine which factors, attitudes, and personal characteristics can predict tenure. Responses to a survey from 290 nursing home administrators (NHAs) who furnished data on their previous positions were analyzed using logistic regression methods. The extracted model correlates tenure with the administrator's past patterns of stability, community attachment, organizational commitment, and facility performance. The model is particularly effective (85% accuracy) in flagging NHAs who are likely to depart within their first 3 years of employment. Implications …

Charitable Choice And The Critics, Carl H. Esbeck

Faculty Publications

First, the statute prohibits the government from discriminating with regard to religion when determining whether providers are eligible to deliver social services under these programs. Second, the statute imposes on government the duty not to intrude into the religious autonomy of faith-based providers. Third, the statute imposes on both government and participating FBOs the duty not to abridge certain rights of the ultimate beneficiaries of these programs. I will touch on these three principles below, and do so in reverse order.

The Quiet Demise Of Deference To Custom: Malpractice Law At The Millenium, Philip G. Peters Jr.

Faculty Publications

According to conventional wisdom, tort law allows physicians to set their own standard of care. While defendants in ordinary tort actions are expected to exercise reasonable care under the circumstances, physicians traditionally have needed only to conform to the customs of their peers. However, judicial deference to physician customs is eroding. Gradually, quietly and relentlessly, state courts are withdrawing this legal privilege. Already, a dozen states have expressly rejected deference to medical customs and another nine, although not directly addressing the role of custom, have rephrased their standard of care in terms of the reasonable physician, rather than compliance with …