Digital Commons Network^™

Journalists As Professionals: Rethinking The Professional Exemption Under The Fair Labor Standards Act, Edward D. Cavanagh

Faculty Publications

(Excerpt)

This Article examines the question of whether journalists in the print or electronic media are professionals and hence exempt from coverage under the Fair Labor Standards Act of 1938 ("FLSA") or whether they are wage earners and therefore covered by the FLSA. Department of Labor regulations are unclear as to the status of journalists under the FLSA; they recognize that journalists may qualify as professionals but appear to state that most journalists are covered by the FLSA. Those regulations, however, are seriously outdated and out of touch with the modem world of journalism. Promulgated when television was in its …

Starting An Electronic Journal In Law, I. Trotter Hardy

Faculty Publications

Starting and operating an electronic journal is similar to starting and operating any journal; it is only the actual “mailing” of an electronic journal that is easier. The author discusses his experience in starting the Journal of Online Law, an electronic journal dealing with the legal issues of cyberspace. He describes his experience in addressing questions such as whether to charge for access, how to gain visibility for the journal, what type of articles make the most sense for electronic publication, which forms of electronic distribution make the most sense, and other issues.

In The (Not So) Distant Future: Fiber Optic Distance Learning At The University Of Northern Iowa, Mary Bozik

Faculty Publications

Currently every Area Education Agency; community college; and Regent University in Iowa is connected by a fiber optic system known as the Iowa Communications Network (ICN). Every semester; 7 to 13 college credit classes have been offered at the University of Northern Iowa (UNI) via the ICN since 1993. In the Spring of 1995 seven classes (six graduate; one undergraduate) were offered on the ICN by UNI; all were taught by a different instructor; each of whom had participated in a 3-day preparatory workshop. All 168 students were surveyed and 103 responded. Students reported their instructors used a variety of …

Use Of A Hydrogen Anode For Nitrate Waste Destruction, E. E. Kalu, Ralph E. White, D. T. Hobbs

Faculty Publications

No abstract provided.

A Multiphase Mathematical Model Of A Nickel/Hydrogen Cell, Pauline De Vidts

Faculty Publications

No abstract provided.

The Telecommunications Act Of 1996, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.

Sovereign Prerogatives, Jayne W. Barnard

Faculty Publications

No abstract provided.

Responses, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.

The First Stone In Retrospect: An Outsider's Observations On The Book And Its Critics, Susan Grover

Faculty Publications

No abstract provided.

Property (And Copyright) In Cyberspace, I. Trotter Hardy

Faculty Publications

No abstract provided.

Technology Augmented Litigation--Systemic Revolution, Fredric I. Lederer

Faculty Publications

This article reviews key aspects of high technology litigation, including technology augmented court records, two-way video arraignment and testimony, and technology based evidence display, and posits some of the critical jurisprudential and pragmatic issues posed by the use of such technologies

Tracking The Transition To A Flexible Access Library Program In Two Library Power Schools, Donna M. Shannon

Faculty Publications

No abstract provided.

Kinetic Analysis Of The Fate Of Nitric Oxide Synthesized By Macrophages In Vitro, Randy S. Lewis, Snait Tamir, Steven R. Tannenbaum, William M. Deen

Faculty Publications

To investigate the fate of nitric oxide (NO) synthesized by activated macrophages, the concentrations of NO and its principal reaction products, nitrite (NO2-) and nitrate (NO3-), were measured as a function of time in suspension cultures of RAW264.7 macrophages attached to microcarrier beads. Synthesis of NO became evident 2-5 h after stimulation of the cells, and steady concentrations of NO were achieved after about 9 h. The appearance of NO in the extracellular fluid coincided with the appearance of NO2- and NO3-, which were formed thereafter at approximately equal and constant rates. Using a kinetic model based on rate constants …

Piecing Together The Past, Eugene Ulrich, James Vanderkam, Catherine M. Murphy

Faculty Publications

Nearly fifty years ago, some Bedouin shepherds stumbled upon a cache of ancient texts in caves near the Dead Sea, thirteen miles east of Jerusalem.

It soon became clear that this was the largest and most significant collection of manuscripts ever discovered in Palestine.

Finds Included the oldest witnesses to the Hebrew, Aramaic, and Greek texts of Jewish scripture-the Christian Old Testament-along with nonbiblical manuscripts certain to illuminate the tumultuous period of the destruction of the Second Temple and the time of Christ. The singularity of these texts has brought about one of the most protracted and painstaking endeavors of …

Civil Society And Congregations As Public Moral Companions, Gary M. Simpson

Faculty Publications

In the midst of this morally charged situation might not Christian congregations hear again the call to a public vocation? As we ponder this prospect, two questions will guide our inquiry. First, where might Christian congregations locate a space in which they might attend to the public moral meaning of everyday rage? That public space, which we will explore, is “civil society.” Second, how can this public space of civil society be accessed so that its moral possibilities can be maximized? We will explore “communicative moral practice” as the best model for accessing the moral possibilities of civil society. What …

Structure Factors Of Binary Fluids In A Dilute Gel, J.C. Lee

Faculty Publications

The statio and dynamic structure factors of binary fluids in a dilute gel are computed using a two-dimensional kinetic Ising model. The wetting effect of the gel strands is modeled with ''gel atoms'' which are distributed randomly among the spins and impose a field on their neighboring spins, all in the same direction. The result for the static structure factor shows the presence of adsorption clusters which mask the gel atoms. The result for the dynamic Structure factor shows an extremely slow relaxation-at late times which cannot be fitted in the form of the activated dynamic scaling known for random-field …

Pattern Of Disease After Murine Hepatitis Virus Strain 3 Infection Correlates With Macrophage Activation And Not Viral Replication, M. Pope, O. Rotstein, E. Cole, S. Sinclair, Rebecca D. Parr, B. Cruz, R. Fingerote, S. Chung, R. Gorczynski, L. Fung, J. Leibowitz, Y. S. Rao, G. Levy

Faculty Publications

Murine hepatitis virus strain (MHV-3) produces a strain-dependent pattern of disease which has been used as a model for fulminant viral hepatitis. This study was undertaken to examine whether there was a correlation between macrophage activation and susceptibility or resistance to MHV-3 infection. Peritoneal macrophages were isolated from resistant A/J and susceptible BALB/cJ mice and, following stimulation with MHV-3 or lipopolysaccharide (LPS), analyzed for transcription of mRNA and production of interleukin-1 (IL-1), tumor necrosis factor alpha (TNF-alpha), transforming growth factor beta (TGF-beta), mouse fibrinogen-like protein (musfiblp), tissue factor (TF), leukotriene B4, and prostaglandin E2 (PGE2). Macrophages from BALB/cJ mice produced …

An Integrated Framework For Learning And Reasoning, Christophe G. Giraud-Carrier, Tony R. Martinez

Faculty Publications

Learning and reasoning are both aspects of what is considered to be intelligence. Their studies within AI have been separated historically, learning being the topic of machine learning and neural networks, and reasoning falling under classical (or symbolic) AI. However, learning and reasoning are in many ways interdependent. This paper discusses the nature of some of these interdependencies and proposes a general framework called FLARE, that combines inductive learning using prior knowledge together with reasoning in a propositional setting. Several examples that test the framework are presented, including classical induction, many important reasoning protocols and two simple expert systems.

Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck

Faculty Publications

Nursing and organized medicine are engaged in a heated and emotional debate over independent prescriptive privileges for advanced practice nurses. Uncontroverted data demonstrates that nurse practitioners provide high quality health care at a reduced cost, while increasing access to health care for under-served populations. It is apparent that advanced practice nurses could improve the delivery of American health care. However, organized medicine is opposed to autonomous advanced nursing practice and lobbies powerfully against it. Currently, the majority of state laws and regulations pertaining to advanced practice nursing do not promote a sound public health policy, do not contemplate liability issues …

Attention To Candidates And Issues In Newspaper Coverage Of 1992 Presidential Campaign, Gordon Mantler, David Whiteman

Faculty Publications

No abstract provided.

Computer Simulation Study Of The Permeability Of Driven Polymers Through Porous Media, Grace M. Foo, Ras B. Pandey

Faculty Publications

A computer simulation model is used to study the permeability of polymer chains driven by a biased flow field through a porous medium in two dimensions. The chains are modeled by constrained self-avoiding walks, which reptate through the heterogeneous medium with a biased probability imposed by the driven field. A linear response description is used to evaluate an effective permeability. The permeability σ shows an unusual decay behavior on reducing the porosity p_s. We find that the permeability decreases on increasing the bias above a characteristic value B_c. This characteristic bias shows a logarithmic decay on …

Order Flow Cases: Jurisdiction, Preemption And Securities Laws; Outside Counsel, Richard L. Stone, Jay Facciolo

Faculty Publications

(Excerpt)

Primary jurisdiction and preemption issues arise in securities class action litigation when alleged violations of state law arise from conduct that is either explicitly or implicitly regulated by the federal securities laws.

These are two distinct theories: one is a matter of administrative law and judicial economy (primary jurisdiction); the other is a matter of constitutional law involving the Supremacy Clause (preemption). To date, there has not been extensive case law involving preemption and the federal securities laws (other than in the blue sky and tender offer areas) and there has been almost no case law on primary jurisdiction …

On Primitive Bch Codes With Unequal Error Protection Capabilities, Robert H. Morelos-Zaragoza, Shu Lin

Faculty Publications

Presents a class of binary primitive BCH codes that have unequal-error-protection (UEP) capabilities. The authors use a previous result on the span of their minimum weight vectors to show that binary primitive BCH codes, containing second-order punctured Reed-Muller (RM) codes of the same minimum distance, are binary-cyclic UEP codes. The values of the error correction levels for this class of binary LUEP codes are estimated.

Computer-Simulation Study Of The Permeability Of A Porous Sediment Model, Ras B. Pandey, Jeffrey L. Becklehimer

Faculty Publications

A computer simulation model is used to study the permeability of fluid flow through porous media generated by the random distribution of the sediments in a two-dimensional lattice. Fluid particles are confined to pore space with the sediments forming the rigid barriers at the pore boundaries. An interaction between the fluid particles and the pore substrate is introduced to incorporate the additional drag in the pore space. The pressure gradient causes a bias to drive the fluid and the Metropolis algorithm is used to hop the fluid particles. The permeability of this system is studied as a function of the …

The "Contract" And "Block Grants": The End Of Federal Food Programs?, Edward Steinman

Faculty Publications

No abstract provided.

Dynamics Of Order-Parameter-Conserving Ising Models At T > Tc, J.C. Lee

Faculty Publications

http://journals.aps.org/prb/pdf/10.1103/PhysRevB.51.2661

Multilevel Block Coded 8-Psk Modulations Using Unequal Error Protection Codes For The Rayleigh Fading Channel, Robert H. Morelos-Zaragoza, Tadeo Kamasi, Shu Lin

Faculty Publications

This paper introduces new block coded 8-PSK modulations with unequal error protection (UEP) capabilities for Rayleigh fading channels. The design of efficient block coded modulations (BCM) over 8-PSK signal sets, for the specific purpose of UEP, over Rayleigh fading channels is considered. UEP is desirable in communications systems where part of the source information is more important, or error sensitive, such as the transmission of coded speech and data broadcasting. The proposed block modulation codes are based on the multilevel construction of Imai and Hirakawa (1977). It is shown that the use of binary linear UEP (LUEP) codes as component …

A View To The Future Of Judicial Federalism: “Neither Out Far Nor In Deep”, Thomas E. Baker

Faculty Publications

Professor Baker briefly sketches some likely future scenarios for state courts and federal courts and then highlights what he expects will be the future opportunities for cooperation and judicial federalism. Included are discussions of the separate futures of the state and federal courts and then how the two judiciaries will relate to each other in the years ahead.

Deference, Defiance, And Useful Arts, Craig Allen Nard

Faculty Publications

My objective in this Article is to demonstrate that the PTO's patentability determinations are questions of policy and, therefore, the Federal Circuit's standards of review, as applied to these determinations, are unsound. With respect to the Commissioner's statutory interpretations, I intend to demonstrate that the court's “traditional factors of statutory construction,” which are used in such a way as to avoid deferring to the PTO, result in irrational decisions, or at the very least, an alternative theory of interpretation no more convincing than that put forth by the PTO. My principle assertion, grounded in both doctrine and policy, is that …