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Songs In A New Key: The Psalmic Structure Of The Chronicler's Hymn (1 Chr 16:8-36), Mark A. Throntveit Jan 2003

Songs In A New Key: The Psalmic Structure Of The Chronicler's Hymn (1 Chr 16:8-36), Mark A. Throntveit

Faculty Publications

No abstract provided.

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Building Literacy For Knowledge Economies: Reading And Writing About Trends And Issues In Business Week, Clive Muir Jan 2003

Building Literacy For Knowledge Economies: Reading And Writing About Trends And Issues In Business Week, Clive Muir

Faculty Publications

Knowledge economies require highly skilled workers to perform complex, information-based tasks with minimum supervision. Yet, studies in Canada and the United States show that even college educated workers often lack the information literacy skills necessary to perform their jobs. In this session, we will discuss how reading and writing about business trends and issues can help to improve business students’ analytical and critical thinking abilities.

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Professional Competencies For Reference And User Services Librarians, Jo Bell Whitlatch Jan 2003

Professional Competencies For Reference And User Services Librarians, Jo Bell Whitlatch

Faculty Publications

No abstract provided.

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“‘Habent Sua Fata Libelli’: Der Inhalt Der Bibliothek Nicolaus Lenaus Als Hinweis Auf Die Belletristischen Und Philosophischen Einflüsse Auf Sein Werk”, Carol A. Leibiger Jan 2003

“‘Habent Sua Fata Libelli’: Der Inhalt Der Bibliothek Nicolaus Lenaus Als Hinweis Auf Die Belletristischen Und Philosophischen Einflüsse Auf Sein Werk”, Carol A. Leibiger

Faculty Publications

No abstract provided.

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The Semiotics Of Signlessness: A Buddhist Doctrine Of Signs, Mario D'Amato Jan 2003

The Semiotics Of Signlessness: A Buddhist Doctrine Of Signs, Mario D'Amato

Faculty Publications

In this paper, I consider a Buddhist response to the issue of unlimited semiosis: In other words, I offer a Buddhist account of how unlimited semiosis should be understood. I do this by following the doctrine of signs offered in an Indian Buddhist text of the Mahamyamna from circa the fourth century CE, a text known as the Mahamyamnasutra m mlamD kamra (Ornament to the Scriptures of the Great Vehicle; hereafter, ‘the Ornament’). Perhaps the most interesting aspect of Buddhist semiotics, from both a historical and a philosophical point of view, is that in its theorizing of the semiotic process, …

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Pointing The Finger Of Blame: News Media Coverage Of Popular-­Culture Culpability, Erica Scharrer, Lisa M. Weidman, Kimberly Bissell Jan 2003

Pointing The Finger Of Blame: News Media Coverage Of Popular-­Culture Culpability, Erica Scharrer, Lisa M. Weidman, Kimberly Bissell

Faculty Publications

In the 1990s, three relatively high-profile tragedies occurred in which popular media products (including movies, recorded music, television talk shows, the Internet, tabloid newspapers, and video games) were argued to be the primary cause. This study analyzes the discourse surrounding the culpability that was placed on popular culture in major newspaper coverage of the car crash that killed Princess Diana, the murder associated with the “Jenny Jones” show, and the shootings at Columbine High School in Littleton, Colorado. The analysis reveals patterns in the assignment of blame—and relatively more rarely of exoneration—of popular culture, interpreting why and how popular culture …

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“Legal Or Illegal? Documented Or Undocumented?” The Struggle Over Brookhaven’S Neighborhood Preservation Act, Jackson B. Miller Jan 2003

“Legal Or Illegal? Documented Or Undocumented?” The Struggle Over Brookhaven’S Neighborhood Preservation Act, Jackson B. Miller

Faculty Publications

This critical essay applies the concept of “presence” as a theoretical lens for explaining the rhetorical efficacy of protest events surrounding a contemporary debate about immigrants’ rights in a suburban New York township. Specifically, the protests surrounding the town board meetings regarding Brookhaven’s “Neighborhood Preservation Act,” a piece of legislation geared toward making rental laws more stringent, are examined. A group comprised largely of white, upper middle-class citizens voiced their support for the proposed legislation, while a group of day laborers and those sympathetic with their cause characterized the proposed legislation as a form of racial discrimination disguised as a …

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Linking Landscape And Water Quality In The Mississippi River Basin For 200 Years, R. Eugene Turner, Nancy N. Rabalais Jan 2003

Linking Landscape And Water Quality In The Mississippi River Basin For 200 Years, R. Eugene Turner, Nancy N. Rabalais

Faculty Publications

Two centuries of land use in the Mississippi River watershed are reflected in the water quality of its streams and in the continental shelf ecosystem receiving its discharge. The most recent influence on nutrient loading-intense and widespread farming and especially fertilizer use-has had a more significant effect on water quality than has land drainage or the conversion of native vegetation to cropland and grazing pastures. The 200-year record of nutrient loading to offshore water is reflected in the paleoreconstructed record of plankton in dated sediments. This record illustrates that the development of fair, sustained management of inland ecosystems is linked …

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A Foul Ball In The Courtroom: The Baseball Spectator Injury As A Case Of First Impression, J. Gordon Hylton Jan 2003

A Foul Ball In The Courtroom: The Baseball Spectator Injury As A Case Of First Impression, J. Gordon Hylton

Faculty Publications

No abstract provided.

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The Kansas Uniform Trust Code, David M. English Jan 2003

The Kansas Uniform Trust Code, David M. English

Faculty Publications

Senate Bill 297, which was enacted by the Kansas legislature in 2002 and which became effective on January 1, 2003, is a substantial adoption of the Uniform Trust Code (2000) (“UTC”). The Kansas UTC is codified in a new chapter, Kansas Statutes Annotated chapter 58a. The UTC is the Uniform Law Commissioners' first effort to provide the states with a comprehensive model for codifying their law on trusts.

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Cheap Drugs At What Price To Innovation: Does The Compulsory Licensing Of Pharmaceuticals Hurt Innovaton?, Colleen V. Chien Jan 2003

Cheap Drugs At What Price To Innovation: Does The Compulsory Licensing Of Pharmaceuticals Hurt Innovaton?, Colleen V. Chien

Faculty Publications

The patent system is built on the premise that patents provide an incentive for innovation by offering a limited monopoly to patentees. The inverse assumption that removing patent protection will hurt innovation has largely prevented the widespread use of compulsory licensing-the practice of allowing third parties to use patented inventions without patentee permission. In this Article, I empirically test this assumption. I compare rates of patenting and other measures of inventive activity before and after six compulsory licenses over drug patents issued in the 1980s and 1990s. As reported below, observe no uniform decline in innovation by companies affected by …

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The Constitution Matters In Taxation, Erik M. Jensen Jan 2003

The Constitution Matters In Taxation, Erik M. Jensen

Faculty Publications

These articles, from a colloquy on the taxing power, are part of an ongoing-some might say endless-debate between the author and Professor Calvin Johnson about the meaning of the Direct-Tax Clauses of the Constitution and the Sixteenth Amendment. The author argues that the Direct-Tax Clauses were intended to be a significant limitation on the national taxing power, and that the Amendment ought to be interpreted accordingly-to have exempted only one category of taxes, taxes on incomes, from the apportionment rule that otherwise applies to direct taxes.

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Jensen’S Response To Johnson’S Response To Jensen’S Response To Johnson’S Response To Jensen (Or Is It The Other Way Around?), Erik M. Jensen Jan 2003

Jensen’S Response To Johnson’S Response To Jensen’S Response To Johnson’S Response To Jensen (Or Is It The Other Way Around?), Erik M. Jensen

Faculty Publications

These articles, from a colloquy on the taxing power, are part of an ongoing-some might say endless-debate between the author and Professor Calvin Johnson about the meaning of the Direct-Tax Clauses of the Constitution and the Sixteenth Amendment. The author argues that the Direct-Tax Clauses were intended to be a significant limitation on the national taxing power, and that the Amendment ought to be interpreted accordingly-to have exempted only one category of taxes, taxes on incomes, from the apportionment rule that otherwise applies to direct taxes.

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Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku Jan 2003

Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku

Faculty Publications

For almost twenty years, the concept of market failure has defined the boundaries of fair use under copyright law. In this article Professor Ku challenges this interpretation of fair use by offering an alternative economic interpretation of the doctrine. This Article argues fair use is justified when consumer copying creatively destroys the need for copy- right's exclusive rights in reproduction and distribution. This occurs when: 1) the consumer of a work makes copies of it, and 2) creation of the work does not depend upon funding derived from the sale of copies. Under these circumstances, exclusive rights in reproduction and …

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In Defense Of Geographic Disparity, Craig Allen Nard Jan 2003

In Defense Of Geographic Disparity, Craig Allen Nard

Faculty Publications

A response to Margo A. Bagley, Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World, 87 Minn. L. Rev. 679 (2003).

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The Authority Of A Court To Order Disgorgement For Violations Of The Current Good Manufacturing Practices Requirement Of The Federal Food, Drug, And Cosmetic Act, Erika Lietzan, Elizabeth M. Walsh Jan 2003

The Authority Of A Court To Order Disgorgement For Violations Of The Current Good Manufacturing Practices Requirement Of The Federal Food, Drug, And Cosmetic Act, Erika Lietzan, Elizabeth M. Walsh

Faculty Publications

This article addresses the question as to whether a federal court has the authority to compel a pharmaceutical company to disgorge profits obtained from an alleged violation of the FDCA, specifically the failure of a pharmaceutical company to comply with current good manufacturing practices (GMPs). Section II of this article summarizes the article to which we are responding. In all fairness, it did not purport to be a full-blown defense, and we expect the agency's comprehensive defense of disgorgement would be considerably more detailed. Section III turns to the Sixth Circuit case on which FDA rests its argument for disgorgement, …

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Doing Loshootseed Morphology By Analogy, Deryle W. Lonsdale Jan 2003

Doing Loshootseed Morphology By Analogy, Deryle W. Lonsdale

Faculty Publications

Analogical modeling (AM) is an exemplar-based general modeling theory that is being applied to an increasing range ofnatural language processing problems. This paper introduces AM as a viable approach to morphological analysis for Lushootseed, and shows results from applying the system to analyze the contents of the transcription of a well-known Lushootseed story. Subsequent discussion mentions the strengths and current weaknesses of the approach. Possible improvements and future applications are also sketched.

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Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein Jan 2003

Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein

Faculty Publications

Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …

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The Relations Between Knowledge, Search Strategy, And Performance In Unaided And Aided Information Search, John A. Barrick, Brian C. Spilker Jan 2003

The Relations Between Knowledge, Search Strategy, And Performance In Unaided And Aided Information Search, John A. Barrick, Brian C. Spilker

Faculty Publications

Information search is a critical step in resolving complex issues in many different decisionmaking domains. This study examines the relations between knowledge, search strategy, and performance in both unaided and aided information search. The results of an experiment indicates that (a) task-relevant knowledge is directly related to performance in aided but not in unaided information search; (b) in unaided information search, search strategy mediates the relation between knowledge and performance; that is, knowledge indirectly affects performance through its effect on search strategy; and (c) an information search aid moderates both the relation between knowledge and search strategy and the relation …

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Sex Plus Age Discrimination: Protecting Older Women Workers, Nicole Buonocore Porter Jan 2003

Sex Plus Age Discrimination: Protecting Older Women Workers, Nicole Buonocore Porter

Faculty Publications

There is little doubt that sexism and ageism still exist. To remedy these "isms," there are laws to protect both women and older workers from discrimination in the workplace, namely Title VII of the Civil Rights Act of 1964 ("Title VII"), which prohibits sex discrimination as well as discrimination based on many other protected categories, and the Age Discrimination in Employment Act of 1967 ("ADEA"), which prohibits age discrimination. Despite these protections, an older woman cannot bring a claim based on the fact that she feels she was discriminated against because she is an older woman. In other words, her …

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Children's Sociable And Aggressive Behaviour With Peers: A Comparison Of The Us And Australia, And Contributions Of Temperament And Parenting Styles, Alan Russell, Craig H. Hart, Clyde C. Robinson, Susanne F. Olsen Jan 2003

Children's Sociable And Aggressive Behaviour With Peers: A Comparison Of The Us And Australia, And Contributions Of Temperament And Parenting Styles, Alan Russell, Craig H. Hart, Clyde C. Robinson, Susanne F. Olsen

Faculty Publications

Links between both temperament and parenting, and children's sociable and aggressive behaviour with peers (physical and relational), were examined. The research was undertaken in two Western cultures (the United States and Australia) assumed to be similar in socialisation practices and emphases. The moderating effects of parent sex and child sex were also examined. Parents completed questionnaires on parenting styles and child temperament. Preschool teachers rated children's aggressive and sociable behaviour. US children were rated higher on both types of aggression by teachers and on sociability, activity, and emotionality by parents. Girls were rated as more relationally aggressive and more prosocial …

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The Sound Of Dust Settling: A Response To Residual Criticisms Of The Uma, Richard C. Reuben Jan 2003

The Sound Of Dust Settling: A Response To Residual Criticisms Of The Uma, Richard C. Reuben

Faculty Publications

The Uniform Mediation Act has gone to the states for consideration after about five years of research, drafting, and vetting, and ultimately, overwhelming support by the American Bar Association, the National Conference of Commissioners on Uniform State Laws, most major dispute resolution professional organizations and service providers, and many if not most leading dispute scholars. Despite this support, concerns about the UMA still continue to echo from its drafting. Professor Brian Shannon's criticisms largely echo these discussions, and in this article I seek to respond to some of them - after first extending my greatest appreciation to Professor Shannon for …

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Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely Jan 2003

Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely

Faculty Publications

In a recent article,' Erwin Chemerinsky argues that the Supreme Court's constitutional law decisions of the 2002 Term "cannot be explained by any overarching theory or underlying set of interpretative principles." Instead, he argues, "constitutional law is all about value choices made by the Justices." Professor Chemerinsky also argues that given the current composition of the Court, "it is the value choices of the middle" - Justice O'Connor and Justice Kennedy - that matter the most. Professor Chemerinsky ends his article with the assertion that "[f]or better or worse, this really is the O'Connor Court." In reviewing the cases decided …

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Incremented Alkyl Derivatives Enhance Collision Induced Glycosidic Bond Cleavage In Mass Spectrometry Of Disaccharides, Sanford Mendonca, Richard B. Cole, Junhua Zhu, Yang Cai, Alfred D. French, Glenn P. Johnson, Roger A. Laine Jan 2003

Incremented Alkyl Derivatives Enhance Collision Induced Glycosidic Bond Cleavage In Mass Spectrometry Of Disaccharides, Sanford Mendonca, Richard B. Cole, Junhua Zhu, Yang Cai, Alfred D. French, Glenn P. Johnson, Roger A. Laine

Faculty Publications

Electrospray ionization and collision induced dissociation on a triple quadrupole mass spectrometer were used to determine the effect of spatial crowding of incremented alkyl groups of two anomeric pairs of peralkylated (methyl to pentyl) disaccharides (maltose/cellobiose and isomaltose/gentiobiose). Protonated molecules were generated which underwent extensive fragmentation under low energy conditions. For both the 1 → 4 and 1 → 6 α and β isomers, at comparable collision energies the methyl derivative exhibited the least fragmentation followed by ethyl, propyl, butyl, and pentyl. Collision energy is converted to rotational-vibrational modes in competition with bond cleavage, as represented by the slope of …

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Handbuch Zur Lateinischen Sprache Des Mittelalters, 2: Bedeutungswandel Und Wortbildung, Scott Gwara Jan 2003

Handbuch Zur Lateinischen Sprache Des Mittelalters, 2: Bedeutungswandel Und Wortbildung, Scott Gwara

Faculty Publications

No abstract provided.

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Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román Jan 2003

Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román

Faculty Publications

The Sixth Annual LatCrit Conference (LatCrit VI) titled "Latinas/os and the Americas: Centering North-South Frameworks in LatCrit Theory," was the latest installment of the leading progressive scholarly movement addressing nonwhite critical jurisprudence.3 The goals of the conference were to explore the ties that bind Latinas/os residing in the United States to their homeland's societies and cultures, and to examine the impact of globalization on critical jurisprudential discourse.4 The conference was attended predominately by straight and gay law professors of color, including Latinas/os, African Americans, Asian Americans, and indigenous persons, most of whom describe themselves as LatCrits or more whimsically, LatCritters. …

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The Ecosystem Of Partnerships: A Case Study Of A Long-Term University-Community Partnership, Gary Daynes, Scott L. Howell, Nathan K. Lindsay Jan 2003

The Ecosystem Of Partnerships: A Case Study Of A Long-Term University-Community Partnership, Gary Daynes, Scott L. Howell, Nathan K. Lindsay

Faculty Publications

This article presents a case study describing a robust fortyeight- year partnership between the Boy Scouts of America, Brigham Young University, Utah Valley State College, and others in an annual merit badge Powwow1 for Boy Scouts. Service-learning occurs as five hundred university students and faculty prepare for and teach merit badge classes to five thousand Boy Scouts as part of this Powwow. The article presents the history and operation of the Powwow, describes benefits to participants, and identifies some of the factors that contribute to the enduring nature of the partnership. The case study suggests that partnerships are similar to …

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A Memory-Based Approach To Cantonese Tone Recognition, Deryle W. Lonsdale, Michael Emonts Jan 2003

A Memory-Based Approach To Cantonese Tone Recognition, Deryle W. Lonsdale, Michael Emonts

Faculty Publications

This paper introduces memory-based learning as a viable approach for Cantonese tone recognition. The memorybased learning algorithm employed here outperforms other documented current approaches for this problem, which is based on neural networks. Various numbers of tones and features are modeled to find the best method for feature selection and extraction. To further optimize this approach, experiments are performed to isolate the best feature weighting method, the best class voting weights method, and the best number of k-values to implement. Results and possible future work are discussed.

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High-Pressure Coal Pyrolysis In A Drop Tube Furnace, Koichi Matsuoka, Zhi-Xin Ma, Hiroyuki Akiho, Zhan-Guo Zhang, Akira Tomita, Thomas H. Fletcher, Marek A. Wojtowicz, Stephen Niksa Jan 2003

High-Pressure Coal Pyrolysis In A Drop Tube Furnace, Koichi Matsuoka, Zhi-Xin Ma, Hiroyuki Akiho, Zhan-Guo Zhang, Akira Tomita, Thomas H. Fletcher, Marek A. Wojtowicz, Stephen Niksa

Faculty Publications

To obtain useful and reliable pyrolysis data under high pressures, continuous pyrolysis experiments were carried out using a drop tube furnace. To ascertain the reliability of data, a mass balance during pyrolysis was carefully checked. The pyrolysis data obtained in this equipment was compared with previous results, and it was found that the weight loss observed in the drop tube furnace was somewhat larger than those obtained with other apparatuses. The experimental results were compared with those predicted by three pyrolysis models. Although discrepancies between predictions and experimental results were observed under a certain condition, the agreement between the experimental …

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High-Pressure Intrinsic Oxidation Kinetics Of Two Coal Chars, William C. Hecker, Peter M. Madsen, Michael R. Sherman, Jared W. Allen, Rebecca J. Sawaya, Thomas H. Fletcher Jan 2003

High-Pressure Intrinsic Oxidation Kinetics Of Two Coal Chars, William C. Hecker, Peter M. Madsen, Michael R. Sherman, Jared W. Allen, Rebecca J. Sawaya, Thomas H. Fletcher

Faculty Publications

Chars were produced from two coals (North Dakota lignite and Pittsburgh No. 8 hva bituminous coal) in a flat flame burner at atmospheric pressure. Intrinsic char reactivities to oxygen were then measured in a high-pressure thermogravimetric analyzer as a function of temperature, total pressure, and partial pressure of oxygen. Care was taken to avoid mass transfer effects. Reactivities were normalized by the available mass of char at any given time (g/(gavailâs)). Reactivity data were obtained over a wide range of char burnout and were found to be independent of burnout level between char burnouts of 20 and 60%. Data were …

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