Digital Commons Network^™

Preservice Literacy Teachers In Transition: Identity As Subjectivity, Mindy Legard Larson

Faculty Publications

This research addresses the complexities of identity development of elementary and middle school preservice literacy teachers during their teacher education program using a poststructural feminist theoretical lens. This research investigated two questions: 1) How do preservice teachers develop their identity as teachers of literacy in the midst of authoritative discourses? 2) What kinds of strategies and discourses do preservice literacy teachers use to negotiate the competing discourses of literacy during student teaching? The results indicated that the identities of the preservice literacy teachers were in transition during their teacher education program and authoritative discourses were at work constituting their subjectivities …

Perpetual Panic, Michael M. O'Hear

Faculty Publications

No abstract provided.

Tales Of A Law Professor Lateral Nothing, Paul M. Secunda

Faculty Publications

This Essay seeks to uncover the mysterious world of the law professor lateral hiring market, which has become increasingly important in the last number of years as law schools seek to build their reputations in this U.S. News & World Report world through the hiring of prominent faculty members.

Although the advice and guidance given in this Essay are sometimes written with tongue firmly in cheek, I do attempt to accomplish two important objectives here. First, there has been scarcely anything written about the lateral hiring market for law professors, as opposed to the cottage industry that has been devoted …

A Historical Review Of Title Ix Litigation, Paul M. Anderson, Barbara Osborne

Faculty Publications

This paper provides a historical analysis of litigation involving Title IX from its enactment in 1972 until its thirty five year anniversary in 2007.

A Triple Play For The Public Domain: Delaware Lottery To Motorola To C.B.C., Matthew J. Mitten

Faculty Publications

A trilogy of cases decided by federal courts over the past 30 years correctly holds that game scores, real-time game accounts, and player statistics are in the public domain. There is a consistent thread in these federal cases, based on sound legal, public policy and economic analysis, which justifies judicial rejection of state law claims by sports leagues and players asserting exclusive rights to this purely factual information. The creation of a collateral product incorporating merely public domain information about a sports event or athletes' performances, including fantasy league games, is not (and should not be) infringing absent copyright or …

Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Lidsky

Faculty Publications

The United States Supreme Court has interpreted the First Amendment to accord a measure of protection to outright lies. This essay seeks to explain why. Using Holocaust denial as an example of verifiably false speech, this essay poses the question of whether such speech poses a more serious danger than First Amendment jurisprudence traditionally has acknowledged. This essay also probes the unintended consequences of governmental attempts to impose criminal punishment on lies.

Even Better Than The Real Thing: How Courts Have Been Anything But Liberal In Finding Genuine Questions Raised As To The Authenticity Of Originals Under Rule 1003, Colin Miller

Faculty Publications

No abstract provided.

Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri

Faculty Publications

This article addresses a recent trend among the federal courts to deny housing discrimination claims under the Fair Housing Act in cases where the plaintiff was an occupant of the housing at the time the discrimination occurred. Put another way, the courts have begun to read the FHA as protecting only the right to obtain housing, not the right to occupy that housing free of discrimination.The trend began with a 2004 Seventh Circuit opinion authored by Judge Richard Posner in the case of Halprin v. The Prairie Single Family Homes. Halprin dismissed most of the claims of a Jewish couple …

Settling The Matter: Does Title I Of The Ada Work?, Sharona Hoffman

Faculty Publications

Analysis of cases decided under Title I of the Americans with Disabilities Act (ADA), which addresses employment discrimination, reveals that defendants have consistently prevailed in well over 90% of cases since the ADA's inception. This empirical evidence has led many commentators to conclude that the ADA's Title I has failed to improve workplace conditions for individuals with disabilities.

This article attempts to assess the efficacy of Title I through a different lens. It focuses on several data sets that have previously received little attention. It examines Equal Employment Opportunity Commission merit resolutions, lawsuit settlement statistics, and reports concerning reasonable accommodation …

Incentives Bring Zero-Emission Vehicle Manufacturing To California, Annette M. Nellen

Faculty Publications

No abstract provided.

The Colour Of Time: Head Pots And Temporal Convergences, Charles R. Cobb, Eric Drake

Faculty Publications

Colour symbolism permeated the world of indigenous North America. This symbolism was often tied to the cosmos where the earth was viewed as a quadrilateral disk and each of the four cardinal directions was linked with a colour array such as red, white, black, and blue. We suggest that the recurring use of certain colours and colour contrasts comprised a suite of long-term historical practices that were essential for reproducing certain views about the world and about being in the world. Further, the rendering of colour had a plasticity that allowed it to enter a discourse about daily life that …

Topics And Features Of Academic Medical Library Tutorials, Rozalynd P. Anderson, Steven P. Wilson, Felicia Yeh, Betty Phillips, Mary Briget Livingston

Faculty Publications

In a 2007 study, librarians at the University of South Carolina School of Medicine Library examined freely available online tutorials on medical library Web sites. The team identified tutorial topics, determined common design features, and assessed elements of active learning in library-created tutorials; the team also generated a list of third-party tutorials to which medical libraries link. This article updates the earlier study, describing changes and trends in tutorial content and design on medical libraries’ Web sites; the project team plans to continue to track trends in tutorial development by repeating this study annually.

Methods For Pollen Evaluation And Influence Of Gibberellic Acid On Potato Crossing, Roberto Fritsche Neto, Arione Da Silva Pereira, Maria Do Carmo Bassols Raseira, Giovani Olegário Da Silva, Velci Queiroz De Souza

Faculty Publications

The aims of this work were to compare evaluation methods of pollen quality and to evaluate the influence of giberellic acid (GA3) on the efficiency of crossing potato (Solanum tuberosum L.) genotypes. Both studies were carried out at Embrapa Clima Temperado headquarters, Pelotas-RS. The first study was accomplished in the Plant Breeding Laboratory, in the spring of 2003 and autumn-winter of 2004. The carmin propionic and the pollen fertility of two agar, sugar and boro media (culture medium 1 and culture medium 2) were evaluated, using five potato genotypes. The second study was carried out at greenhouse, in the autumn-winter …

Rooting Of Herbaceous Blueberry Cuttings: Influence Of The Base Incision And Indolbutiric Acid, Renato Trevisan, Rodrigo Cezar Franzon, Roberto Fritsche Neto, Rafael Da Silva Gonçalves, Emerson Dias Gonçalves, Luis Eduardo Corrêa Antunes

Faculty Publications

Blueberries (Vaccinium sp.) are species of temperate climate that, for occasion of the vegetative period, produce large amount of vegetal material that can be used in the propagation. This way, with the aim of verifying the rooting potential of different herbaceous cuttings of blueberry cultivars, with the use or not of indolbutíric acid and base injury. The work was carried out in two experiments, having tested the capacity of rooting of the following cultivars Florida, Woodard, Bluegem, Bluebele, Clímax and Briteblue. In the first experiment, cuttings of cultivars were treated with IBA (0, 2500, 5000 and 7500mg.L-1). On the second …

Selection For Components Of Tuber Appearance And Yield In Potato Seedlings, Giovani Olegario Da Silva, Arione Da S. Pereira, Velci Q. De Souza, Fernando Irajá Félix De Carvalho, Roberto Fritsche Neto

Faculty Publications

The objective of the present research was to estimate the expected gains with correlated selection for tuber yield and general appearance component traits at the seedling stage in potato. Two populations were evaluated at seedling stage (i.e. plantlets obtained from true seeds) cultivated in glasshouse in the Fall and Spring seasons of 2004. Expected gains and gains obtained from selection of genetically correlated traits were estimated in the two experiments. For some traits the expected correlated gains could be obtained at the seedling generation, being, therefore an alternative to increase selection efficiency, especially with traits of low heritability. The tuber …

Importance Of Characters In The Dissimilarity Of Potato Progenies In Early Generations, Giovani Olegário Da Silva, Arione Da Silva Pereira, Velci Queiroz De Souza, Fernando Irajá Félix De Carvalho, António Costa De Oliveira, Ivandro Bertan, Roberto Fritsche Neto

Faculty Publications

The objective of the present work was to access the implications of the use of analysis of importance of characters in the elimination of appraised characters for calculating genetic distance of potato (Solanum tuberosum L.) progenies in early generations. The experiments were carried out in plastic house (seedling generation) and in the field (first clonal generations) at Embrapa Temperate Climate, Pelotas, Rio Grande do Sul State in autumn 2004 and 2005. The study was demonstrated the efficiency of the analysis in importance of characters for reducing the number of characters necessary for classifying potato progenies in relation to the dissimilarity. …

Morphological, Physiological, And Anatomical Characteristics Associated With Heat Preconditioning And Heat Tolerance In Salvia Splendens, Seenivasan Natarajan, Jeff S. Kuehny

Faculty Publications

Many bedding plant cultivars struggle to survive in high temperatures during production. The objective of this research was to study how heat stress and preconditioning affects growth, physiology, and anatomy of the annual bedding plant Salvia splendens Ker Gawl. Heat preconditioning increased the quality and survival capacity of nonheat-tolerant 'Sizzler Red'. Heat-tolerant traits of 'Vista Red' were enhanced with preconditioning. The higher tolerance levels with and without heat preconditioning for 'Vista Red' suggested that cultivars with thicker, broader leaves, and higher stomatal frequency had higher light interception, gas exchange, transpirational cooling, and CO2 fixation. These plants attained a more rapid …

Development Of An Internet/Population-Based Weight Management Program For The U.S. Army, Tiffany Stewart, Sandra May, H. Raymond Allen, Gaston P. Bathalon, Guy Lavergne, Lori Sigrist, Donna Ryan, Donald A. Williamson

Faculty Publications

A significant number of Army soldiers are sufficiently overweight to exceed the maximum weight allowances defned by the Army weight control program (AR600-9). Also, the body weights of a substantial number of soldiers approach the maximum weight allowances. These soldiers should not gain additional weight if they are to meet Army weight allowances. The conventional approach to this overweight problem is assigning soldiers to remedial physical training and mandatory reflerral for nutrition counseling by a health care provider. An alternative to this conventional approach is to target the entire population of soldiers (populationbased intervention) to promote weight loss in overweight …

Tribal Incorporation Of First Amendment Norms: A Case Study Of The Indian Tribes Of South Dakota, Patrick Garry, Candice J. Spurlin, Jennifer L. Keating, Derek A. Nelson

Faculty Publications

No abstract provided.

Immersive Learning Environments In Parallel Universes: Learning Through Second Life, Ken Haycock, Jeremy Kemp

Faculty Publications

Opportunities for more creative and innovative environments for learners continue to develop through distance education. Especially at the post-secondary level, these immersive environments can involve high-end video game technologies to create multi-user virtual worlds that can both replicate and far extend physical classrooms. At San Jose State University's School of Library and Information Science, courses offered in and through Second Life develop both competence and comfort in working with library users. Several useful lessons have also been learned.

Evaluation Of The New Jersey Digital Highway, Judy Jeng

Faculty Publications

The aim of this research is to study the usefulness of the New Jersey Digital Highway (NJDH, www.njdigitalhigh way.org) and its portal structure. The NJDH intends to provide an immersive and user-centered portal for New Jersey history and culture. The research recruited 145 participants and used a Web-based questionnaire that contained three sections: for everyone, for educators, and for curators. The feedback on the usefulness of the NJDH was positive and the portal structure was favorable. The research uncovered several reasons why some collections did not want to or could not participate. The findings also suggested priorities for further development. …

Development Of Teaching And Technology Integration: Focus On Pedagogy, Nancy Wentworth, Charles R. Graham, Tonya Tripp

Faculty Publications

The development, implementation, review, and subsequent revision of a capstone assignment during teacher education candidates’ field experience and the assignments-related rubric was based on research that points teacher education programs to give candidates experiences in rethinking their views of pedagogy as they integrate technology into the curriculum. The initial development of the rubric came as a result of requirements of national accrediting organizations for licensure programs to have performance assessments of their candidates. The review of the assignment by technology experts as well as education faculty showed a disconnect between the goals of the technology faculty and the mentors helping …

Diversification To Mitigate Expropriation In The Tobacco Industry, Messod D. Beneish, Ivo Ph. Jansen, Melissa F. Lewis-Western, Nathan V. Stuart

Faculty Publications

While it is well established that diversifying acquisitions by large, cash-rich firms destroy shareholder wealth, we document positive abnormal returns to such acquisitions in the tobacco industry. We show that these abnormal returns are associated with proxies for lower expected expropriation costs. Specifically, we show that wealth creation increases in the degree of domestic geographic expansion afforded by the acquisition (increasing tobacco firms’ influence in more political districts) and in the liquidity of tobacco firms’ assets (converting cash to harder-to-expropriate operating assets). We also show that the threat of expropriation constrains payments to shareholders before expropriation becomes certain in 1998.

Graphic Novels As Contemporary Art? The Perplexing Question Of Content In The High School Art Classroom, Mark Graham

Faculty Publications

The postmodern condition of contemporary art is characterized by appropriation, layering of styles, recontextualization, interaction between text and image, and a willingness to embrace multiple meanings (Fehr, 1997; Gude, 2004). As the high school teacher contemplates the world of contemporary art and the expanse of visual culture, an insistent question comes to mind: What work of art or artifact of visual culture will provide the richest educational experiences for adolescent students? One viable answer is the graphic novel. Graphic novels have a postmodern flavor in that they are often ironic, playful, self-referential, and contain multiple narratives (Congdon & Blandy, 2003; …

Enhancing Special Educators' Knowledge And Understanding Of Hiv/Aids, Mary Anne Prater, Nancy M. Sileo, Thomas W. Sileo

Faculty Publications

HIV/AIDS continues to spread among children, youth, and young adults across all racial, ethnic, and cultural populations, including those with disabilities. This article considers information on HIV/AIDS such as individuals' health-risk behaviors, environmental circumstances, and perceptions that may contribute to HIV-infection; how disability characteristics, and cultural traits and values impact school-based HIV/AIDS prevention programs; and, culturally competent instructional considerations that acknowledge these variables.

The Implementation Challenge Of Mitigating China's Greenhouse Gas Emissions, Tseming Yang

Faculty Publications

No abstract provided.

Panel: Water Ethics And Commodification Of Freshwater Resources, Stephen F. Diamond

Faculty Publications

No abstract provided.

Excerpts From Transcript Of Proceedings: Systemic Issues And The Media, Gerald F. Uelmen, Karen Smith, Henry Weinstein

Faculty Publications

No abstract provided.

Children, Kin And Court: Designing Third Party Custody Policy To Protect Children, Third Parties And Parents, Josh Gupta-Kagan

Faculty Publications

No abstract provided.

When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss

Faculty Publications

No abstract provided.