Digital Commons Network^™

Review Of The Frodo Franchise: The Lord Of The Rings And Modern Hollywood, By Kristin Thompson, Carol A. Leibiger

Faculty Publications

No abstract provided.

Policing Miscarriage: Infertility Blogging, Rhetorical Enclaves, And The Case Of House Bill 1677, Clancy Ratliff

Faculty Publications

No abstract provided.

Canada (En)Counters Terrorism: Us-Canada Relations And Counter-Terrorism Policy, Veronica Kitchen, Karthika Sasikumar

Faculty Publications

This paper examines the role of identity in shaping counter-terrorism policy in Canada. We show that identity functions in three ways: constitutively by defining the range of choices a state is likely to consider; strategically by being a resource to buttress arguments based in economic or sovereignty interests; and heuristically by using identity as a marker for risk. This three-faceted explanation helps explain why, despite close economic, social, and political links between Canada and the United States which might lead us to expect Canada to follow American counter-terrorism policy, Canadian counter-terrorism policy often diverges from the American lead.

It’S Just A Shot Away: Mmr Vaccines And Autism And The End Of The Daubertista Revolution, Joelle A. Moreno

Faculty Publications

No abstract provided.

An Adaptive Adjacent Channel Interference Cancellation Technique, Robert H. Morelos-Zaragoza, Shobha Kuruba

Faculty Publications

In this paper, an adaptive adjacent channel interference (ACI) technique is proposed. Results for BPSK modulation with rectangular and square-root raised-cosine pulse shaping, under AWGN conditions, are obtained showing the proposed method to be effective in improving performance under high levels of interference. Basically, the idea is to send pilot signals and then to use them in estimating the amount of ACI in the frequency domain. The estimated spectral error is used to modify tap weights of an adaptive frequency-domain filter. Our simulation results reported suggest that ACI can be effectively reduced with the proposed technique. At the system level, …

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 Short-Term Effectiveness Of A Suicide Prevention Gatekeeper Training Program In A College Setting With Residence Life Advisers, Tanya L. Tompkins, Jody Witt

Faculty Publications

Although the college years prove to be a vulnerable time for students and a critical period for suicide prevention, few school-based prevention strategies have been empirically evaluated. The current study examined the short-term effects of QPR (Question, Persuade, and Refer), a gatekeeper training program that teaches how to recognize warning signs, question suicidal intent, listen to problems, and refer for help. The 122 residence advisers (RAs) who were trained in QPR demonstrated significant post-training gains across a variety of domains relevant to suicide and suicide prevention, with the 60 completing the follow-up assessment showing sustained knowledge and appraisals into the …

Trying On—Being In—Becoming: Four Women’S Journey(S) In Feminist Poststructural Theory, Donna Kalmbach Phillips, Gennie Harris, Mindy Legard Larson, Karen Higgins

Faculty Publications

This is the narrative of four women in academia spanning a ten-year relational journey. As a performance collaborative autoethnography, it explores and presents theories of subjectivity and transitional space. Through journals, emails, and dialogue we are trying on, being in, and becoming feminist poststructural thinkers/inquirers/teacher educators. In our work, we explore: How has theory changed our subjectivity, lived experiences and relationships, and moved us from comfortable spaces of knowing to uncomfortable places of becoming? In a series of poetry and performance narratives, we chart our own linked journey(s) in pursuing these questions. As autoethnographers, we grapple with meanings …

Embodied Discourses Of Literacy In The Lives Of Two Preservice Teachers, Donna Kalmbach Phillips, Mindy Legard Larson

Faculty Publications

This study examines the emerging teacher literacy identities of Ian and A.J., two preservice teachers in a graduate teacher education program in the United States. Using a poststructural feminisms theoretical framework, the study illustrates the embodiment of literacy pedagogy discourses in relation to the literacy courses’ discourse of comprehensive literacy and the literacy biographical discourses of Ian and A.J. The results of this study indicate the need to deconstruct how the discourse of comprehensive literacy limits how we, as literacy teacher educators, position, hear and respond to our preservice teachers and suggests the need for differentiation in our teacher education …

Pass A Law, Any Law, Fast! State Legislative Responses To The Kelo Backlash, Edward J. Lopez, R. Todd Jewell, Noel D. Campbell

Faculty Publications

The Supreme Court in Kelo v. City of New London left protection of property against takings for economic development to the states. Since Kelo, thirty-seven states have enacted legislation to update their eminent domain laws. This paper is the first to theoretically and empirically analyze the factors that influence whether, in what manner, and how quickly states change their laws through new legislation. Fourteen of the thirty-seven new laws offer only weak protections against development takings. The legislative response to Kelo was responsive to measures of the backlash but only in the binary decision whether to pass any new law. …

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Faculty Publications

This Essay examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The Essay then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales …

Bargaining In The Shadow Of (International) Law: What The Normalization Of Adjudication In International Governance Regimes Means For Dispute Resolution, Andrea K. Schneider

Faculty Publications

After examining the similar goals and values that drive the simultaneous increase in international trials and the decrease in U.S. trials, the article then examines the challenges international adjudication poses to dealing with human rights violations and transitional justice situations. Simplistically, these tensions can be viewed as the need to strike a balance between peace and justice, top-down implementation and bottom-up impact, and process efficiency and conflict customization. The good news is that these challenges have been slowly working themselves out as the next generation of international adjudication models continues to improve. This continued improvement and normalization leads to an …

Keeping The Underclass In Its Place: Zoning, The Poor, And Residential Segregation, David Ray Papke

Faculty Publications

No abstract provided.

Commercialized Intercollegiate Athletics: A Proposal For Targeted Reform Consistent With American Cultural Forces And Marketplace Realities, Matthew J. Mitten, James L. Musselman, Bruce W. Burton

Faculty Publications

This article observes that American society’s passion for intercollegiate sports competition is an extremely powerful, naturally evolved cultural force. The marketplace responds to cultural forces, and the commercialization of college sports directly reflects the marketplace realities of our society. For example, colleges and universities rationally use their intercollegiate athletic programs, particularly NCAA Division 1 FBS football and basketball, as a means to achieve a wide range of legitimate objectives of higher education. Thus, the authors advocate that university athletic department revenues should continue to be exempt from federal taxation, specifically the unrelated business income tax (UBIT), despite the increasingly commercialized …

The Intersection Of Dispute Systems Design And Transitional Justice, Andrea Kupfer Schneider

Faculty Publications

Dispute Systems Design (DSD), the process of creating structures to deal with repeated or systemic disputes, can be applied to both the most mundane and the most horrific of conflicts. We know that human rights violations can be perpetrated by governments or non-state actors, can be regional or national, and can be targeted against a particular group or have random victims. We know that these violations can occur as a spurt of extreme violence over a short time or can last for generations. We also know, historically, of many different methods by which to deal with human rights violations.

The …

Blogging While (Publicly) Employed: Some First Amendment Implications, Paul M. Secunda

Faculty Publications

While private-sector employees do not have First Amendment free speech protection for their blogging activities relating to the workplace, public employees may enjoy some measure of protection depending on the nature of their blogging activity. The essential difference between these types of employment stems from the presence of state action in the public employment context. Although a government employee does not have the same protection from governmental speech infringement as citizens do under the First Amendment, a long line of cases under Pickering v. Bd. of Education have established a modicum of protection, especially when the public employee blogging is …

The Uniform Collaborative Law Act's Contribution To Informed Client Decision Making In Choosing A Dispute Resolution Process, John M. Lande, Forrest Steven Mosten

Faculty Publications

This Article describes how lawyers can implement the requirements of the Uniform Collaborative Law Act to obtain clients’ informed consent. The Act requires lawyers to obtain clients’ informed consent before undertaking a Collaborative representation but does not specify the information that lawyers must discuss with prospective Collaborative parties. To flesh out the Act’s requirements, this Article describes how lawyers should analyze the facts and parties’ interests, screen the appropriateness of dispute resolution processes, analyze the reasonably available dispute resolution options, and discuss the Collaborative process with clients. It specifically addresses privacy issues including privilege, confidentiality, and full disclosure requirements. This …

Credit Rating Agencies, Structured Securities, And The Way Out Of The Abyss, Lois R. Lupica

Faculty Publications

The article examines the role of credit rating agencies (CRAs) in the evolving financial markets, and particularly in connection with the structured finance markets. The movement away from relationship-based lending based on trust, to the less personal capital markets, makes an objective assessment of creditworthiness essential to the structure of legitimate transactions, as well as to the credibility of investor decision-making. Yet, the financial crisis of 2008-2009 revealed that the CRAs seriously underestimated the risk of many complex securities that they rated. As CRAs have devoted a greater share of their resources to develop methods of rating these progressively more …

Finding A Cure: The Case For Regulation And Oversight Of Electronic Health Record Systems, Sharona Hoffman, Andy Podgurski

Faculty Publications

In the foreseeable future, it is likely that the familiar, paper-based patient medical files will become a thing of the past. On April 26, 24, President George W. Bush announced a plan to ensure that all Americans' health records are computerized within ten years and to establish a National Health Information Network. Many advocates are enthusiastically promoting the adoption of health information technology (HIT) and electronic health record (HER) systems as a means to improve U.S. health care.

HER systems often not only serve as record-keeping systems, but also have multiple capabilities, including drug ordering, decision support, alerts concerning patient …

Judgment, Identity, And Independence, Cassandra Burke Robertson

Faculty Publications

Whenever a new corporate or governmental scandal erupts, onlookers ask "Where were the lawyers?" Why would attorneys not have advised their clients of the risks posed by conduct that, from an outsider's perspective, appears indefensible? When numerous red flags have gone unheeded, people often conclude that the lawyers' failure to sound the alarm must be caused by greed, incompetence, or both. A few scholars have suggested that unconscious cognitive bias may better explain such lapses in judgment, but they have not explained why particular situations are more likely than others to encourage such bias. This article seeks to fill that …

Safford Unified School District No. 1 V. Redding, And The Future Of School Strip Searches, Lewis R. Katz

Faculty Publications

Each year in America an unknown number of children in primary and secondary schools are strip searched by teachers and/or school administrators, forced to remove pants and shirts down to their underwear and sometimes forced to expose their breasts and genitals. In Safford Unified School District No. 1 v. Redding, 129 S.Ct. 2633 (29), the Supreme Court weighed in on the issue, finding that school officials violated the child’s Fourth Amendment rights during a strip search but reversing the Ninth Circuit and awarding the school officials qualified immunity not withstanding the ineptitude of the investigation. The Court purported to apply …

Scientific Evidence And Prosecutorial Misconduct In The Duke Lacrosse Rape Case, Paul C. Giannelli

Faculty Publications

The need for pretrial discovery in criminal cases is critical. A defendant's right to confrontation, effective assistance of counsel, and due process often turns on pretrial disclosure. This essay discusses a case that demonstrates this point.

Cultural Competence: Developing And Assessing Multicultural Proficiency For Teachers And School Personnel In Hawaii, Caryl H. Hitchcock, Mary Anne Prater, Chuan Chang

Faculty Publications

Teachers were recruited from the mainland of the United States to work in rural areas in the State of Hawaii to meet the high demand for personnel. But often there is a mismatch between the culture of the island residents and that of the new teachers. To alleviate this mismatch, a workshop was developed to promote multicultural proficiency of school personnel focusing on Asian/Pacific cultures. One hundred teachers, administrators and staff (including custodians and cafeteria workers) from four rural elementary schools participated in a three hour workshop. The workshop consisted of three activities: (a) self-awareness, (b) awareness of Asian/Pacific Island …

[Book Review Of] Tidings Out Of The Northeast: A General Historical Survey Of Daniel 11, By Marc Alden Swearingen, Denis Kaiser

Faculty Publications

No abstract provided.

Oral Vaccination With Microencapsuled Strain 19 Vaccine Confers Enhanced Protection Against Brucella Abortus Strain 2308 Challenge In Red Deer (Cervus Elaphus Elaphus), Angela M. Arenas-Gamboa, Thomas A. Ficht, Donald S. Davis, Philip H. Elzer, Melissa Kahl-Mcdonagh, Alfredo Wong-Gonzalez, Allison C. Rice-Ficht

Faculty Publications

Bison (Bison bison) and elk (Cervus elaphus nekoni) in the Greater Yellowstone Area (GYA), USA, are infected with Brucella abortus, the causative agent of bovine brucellosis, and they serve as a wildlife reservoir for the disease. Bovine brucellosis recently has been transmitted from infected elk to cattle in Montana, Wyoming, and Idaho and has resulted in their loss of brucellosisfree status. An efficacious Brucella vaccine with a delivery system suitable for wildlife would be a valuable tool in a disease prevention and control program. We evaluated Strain 19 (S19) in a sustained release vehicle consisting of alginate microspheres containing live …

Enhanced Immune Response Of Red Deer (Cervus Elaphus) To Live Rb51 Vaccine Strain Using Composite Microspheres, Angela M. Arenas-Gamboa, Thomas A. Ficht, Donald S. Davis, Philip H. Elzer, Alfredo Wong-Gonzalez, Allison C. Rice-Ficht

Faculty Publications

Brucellosis is an important zoonotic disease of nearly worldwide distribution. The occurrence of the infection in humans is largely dependent on the prevalence of brucellosis in animal reservoirs, including wildlife. The current vaccine used for cattle Brucella abortus strain RB51, has proven ineffective in protecting bison (Bison bison) and elk (Cervus nelsoni) from infection and abortion. To test possible improvements in vaccine efficacy, a novel approach of immunization was examined from April 2004 to November 2006 using alginate composite microspheres containing a nonimmunogenic, eggshell-precursor protein of the parasite Fasciola hepatica (Vitelline protein B, VpB) to deliver live vaccine strain RB51. …

Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Lidsky

Faculty Publications

This Article examines the evolution of the law governing libel suits against anonymous “John Doe” defendants based on Internet speech. Between 1999 and 2009, courts crafted new First Amendment doctrines to protect Internet speakers from having their anonymity automatically stripped away upon the filing of a libel action. Courts also adapted existing First Amendment protections for hyperbole, satire and other non-factual speech to protect the distinctive discourse of Internet message boards. Despite these positive developments, the current state of the law is unsatisfactory. Because the scope of protection for anonymous Internet speech varies greatly by jurisdiction, resourceful plaintiffs can make …

New Frontiers At The Interface Of General Relativity And Quantum Optics, C. Feiler, M. Buser, E. Kajari, W. P. Schleich, E. M. Rasel, R. F. O'Connell

Faculty Publications

In the present paper we follow three major themes: (i) concepts of rotation in general relativity, (ii) effects induced by these generalized rotations, and (iii) their measurement using interferometry. Our journey takes us from the Foucault pendulum via the Sagnac interferometer to manifestations of gravito-magnetism in double binary pulsars and in Gödel's Universe. Throughout our article we emphasize the emerging role of matter wave interferometry based on cold atoms or Bose-Einstein condensates leading to superior inertial sensors. In particular, we advertise recent activities directed towards the operation of a coherent matter wave interferometer in an extended free fall. © 2009 …

Editorial For Mgr, Peter Clift

Faculty Publications

No abstract provided.

Reaction Of Potato Cultivars To Streptomyces Scabies, Causal Agent Of Deep Common Scab, Ivan Herman Fischer, Ana Paula Matoso Teixeira, Leonardo Toffano, Ely Oliveira Garcia

Faculty Publications

This work aimed to characterize the isolates of Streptomyces, responsible for deep common scab symptoms in potato, according to morphological and physiological criteria; to evaluate the resistance of potato cultivars to the disease and the aggressiveness of bacterium isolates. The Streptomyces isolates presented gray coloration on yeast extract and malt medium and spiral spore chains, produced on aerial hyphae. Production of melanina occurred in tirosine-agar medium and the utilization of eight recommended carbon sources. These properties correspond to the S. scabies species. Healthy potato seeds of six cultivars were planted in substratum infested with six isolates of S. scabies separately, …