Digital Commons Network^™

The Validity Of The Qualitative Measures Of Teaching Performance Scale As A Measure Of Teacher Effectiveness, J. Len Gusthart, Ivan M. Kelly, Judith E. Rink

Faculty Publications

The purpose of this study was to determine the relationship between the Qualitative Measures of Teaching Performance Scale (QMTPS; Rink & Werner, 1989) and teacher effectiveness in producing student achievement. The QMTPS focuses primarily on variables related to teacher clarity and task presentation. Nine middle school generalist (classroom) teachers were asked to teach volleyball forearm pass and serve over eight lessons as part of their normal curriculum. Students were pre- and post tested on the serve and forearm pass using the American Alliance for Health, Physical Education and Recreation (1969) volleyball tests. All lessons were videotaped and were coded using …

Risk-Utility Balancing In Design Defect Cases, David G. Owen

Faculty Publications

No abstract provided.

Ellipsometric And Raman Spectroscopic Study Of Thermally Formed Films On Titanium, E. Hristova, Lj. Arsov, Branko N. Popov, Ralph E. White

Faculty Publications

Thermal films on titanium surfaces were formed by heating titanium samples in air at atmospheric pressure. The optical constants, thickness, and structure of the formed films at various temperatures and times of heating were investigated by ellipsometry and Raman spectroscopy. The complex index of refraction and the thickness of generated films were determined by comparing the experimental loci and obtained by ellipsometric measurements with theoretical computed vs. curves. It was found that the thickness in homogeneity and porosity of formed films increase with increasing temperature and the duration of the thermal treatment. Beyond a certain critical temperature, the appearance of …

The Effects Of Organic Compounds On Inhibition Of Hydrogen Permeation Through A Mild Steel Membrane, H. A. Duarte, D. M. See, Branko N. Popov, Ralph E. White

Faculty Publications

The effectiveness of 5-(4-pyridyl)-2,7-nonadiene, and 1 phenyl-2-propyn-ol (PP) on inhibition of the hydrogen evolution reaction on a 1010 steel membrane and on the degree of hydrogen ingress into the membrane was determined. Hydrogen evolution rates and permeation currents were monitored as a function of time at different applied potentials. In the presence of 0.5 g/liter PP in the electrolyte, the hydrogen discharge and permeation current density were inhibited by 98 and95%, respectively.

A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf

Faculty Publications

It is ironic that history has not been altogether kind to the Nuremberg Tribunal, labeling it "victor's justice," denouncing its application of ex post facto law, and rebuking its procedural shortcomings. Fifty years later, the world community has created another war crimes tribunal - the International Criminal Tribunal for the Former Yugoslavia. In its first annual report, this new Tribunal stated that "one can discern in the statute and the rules a conscious effort to avoid some of the often-mentioned flaws of Nuremberg and Tokyo." Because it will serve as the model for future ad hoc tribunals and a permanent …

Magnetosusceptibility Event And Cyclostratigraphy (Msec) Of The Eifelian-Givetian Gssp And Associated Boundary Sequences In North Africa And Europe, Rex E. Crick, Brooks B. Ellwood, Ahmed E. El Hassani, Raimund Feist, Jindrich Hladil

Faculty Publications

MagnetosusceptibiUty event and cyclostratigraphy (MSEC) is used to define magnetic susceptibility (MS) signatures for the Eifelian-Givetian GSSP in southern Morocco and four other Eifelian-Givetian boundary sequences in Morocco, southern France, and the Czech Republic. MSEC data from the GSSP are used to iden-tify nine first-order isochronous MSEC events for chronocorrelation. MSEC data clearly define a new abiotic Late Eife-lian MSEC Event that immediately precedes the Eife-lian-Givetian boundary and encompasses the biotic Kacak and otomari Events. The MSEC event begins in the upper Tortodus kockelianus kockelianus Zone and ends in the upper Polygnathus ensensis Zone. This Event occurs in the same …

A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett

Faculty Publications

At "The Lawyer's Duties and Responsibilities in Dispute Resolution" Symposium at South Texas College of Law, Oct. 25, 1996, a central topic of discussion was ADR's ethical separateness. There was a shared sense that ADR providers and practitioners confront a range of ethical issues that differ from those that confront non-ADR lawyers. On this view, because rules of professional responsibility are geared toward more adversarial forms of legal practice, they at best provide no answers and may provide wrong answers to ethical questions that arise in ADR. One solution would be to create new, separate, "role-specific" ethics rules for ADR …

Mass/Heat Transfer In A Ribbed Blade Coolant Passage With Cylindrical Vortex Generators: The Effect Of Generator-Rib Spacing, Richard G. Hibbs, Sumanta Acharyal, Yi Chen, Dimitris E. Nikitopoulos

Faculty Publications

The effect of vortex-generators on the heat transfer from the internally ribbed passages of a turbine blade coolant channel is studied experimentally using a mass-transfer technique. Cylindrical vortexgenerators placed directly above the ribs have been used in this study. Results are reported on the effect of the spacing between the vortex-generator and the ribs. Detailed distributions of the Sherwood number contours and the centerline Sherwood number distributions are presented. Three generator-ribspacing/ rib-height (s/e) values of 0.55, 1, and 1.5 are considered. It is shown that at small generator-rib spacings (s/e=0.55), the two act as a single element, and lead to …

What Must Be Done To Achieve The Vision Of The Twenty-First Century Tribal Judiciary, Frank Pommersheim

Faculty Publications

No abstract provided.

Twisted Interests: People In Interest Of S.A.H. And The State Of Open Adoptions In South Dakota, Thomas Simmons

Faculty Publications

In People in Interest of S.A.H., the South Dakota Supreme Court held that open adoptions, or post-adoption visitation by the natural parents, while not prohibited under South Dakota law when in the best interests of the child, should only be mandated when the trial court finds that it is in the best interests of the child by clear and convincing evidence. The court also instructed trial courts to weigh the needs of the child, the effect on integration with the new family, and the potential effect on the pool of other prospective adoptive parents. This decision, while securing judicial enforcement …

Highways, Hunters, And Section Lines: Tension Between Public Access And Private Rights, Tom Simmons

Faculty Publications

No abstract provided.

Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman

Faculty Publications

In the absence of widespread publicly sponsored needle exchange programs, the proposal has been made that physicians prescribe syringes and needles to intravenous (IV) drug users in order to reduce the risk of infection from HIV and other diseases that could result from needle sharing. One question is whether physicians who engage in this behavior, as well as pharmacists who fill the prescriptions, face a significant threat of malpractice liability if the IV drug user or someone else, perhaps an innocent bystander, is harmed as a result of the prescribed equipment. No such cases have been reported, per- haps because …

Dog That Rarely Barks: Why The Courts Won't Resolve The War Powers Debate, Jonathan L. Entin

Faculty Publications

There is a certain irony about the stimulating papers by Louis Fisher and Peter Shane: the political scientist, Fisher, makes a normative constitutional argument of the sort typically made by legal scholars; the legal scholar, Shane, makes an institutional and policy analysis of the sort typically made by political scientists. Nevertheless, these papers share a common theme: that the President does not and should not have unfettered or unilateral power in the war-making area. Both also focus on war powers rather than other aspects of foreign affairs such as treaties and executive agreements, but their approaches have implications for those …

Synecdoche And The Presidency: The Removal Power As Symbol, Jonathan L. Entin

Faculty Publications

In this brief comment I want to explore the reasons for this phenomenon. I will illustrate my point by reference to the seminal case of Myers v. United States, which is not discussed in the symposium contribution by Calabresi and Yoo not surprising, because that case was decided well after the period upon which they focus here. After that, I will suggest some reasons why the removal power, despite its limited substantive importance, retains its grip on the academic and political imagination.

Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman

Faculty Publications

The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

Second-Best Solution: The First Amendment, Broadcast Indecency, And The V-Chip [Comments], Howard M. Wasserman

Faculty Publications

No abstract provided.

Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino

Faculty Publications

From breast implants to cigarettes, mass tort class actions are a prominent and controversial part of the contemporary litigation landscape. A critical component of these actions is the ability of class members to “opt out” and thereby exclude themselves from the effect of any class judgment. The tension between individual autonomy and the desire for global resolution of mass controversies has led to an intense debate concerning the circumstances under which opt-out rights should be constrained, if at all.

This Article makes five distinct contributions to the class action literature. First, the Article applies the game theoretic concept of the …

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

Governing Equations For Transport In Porous Electrodes, Pauline De Vidts, Ralph E. White

Faculty Publications

No abstract provided.

Mathematical Modeling Of Proton‐Exchange‐Membrane Fuel‐Cell Stacks, Dhanwa Thirumalai, Ralph E. White

Faculty Publications

No abstract provided.

Electrowinning Of Nonnoble Metals With Simultaneous Hydrogen Evolution At Flow-Through Porous Electrodes Iii. Time Effects, Mahmoud M. Saleh, John W Weidner, Bahgat E. El-Anadouli, Badr G. Ateya

Faculty Publications

The electrowinning of zinc from a recirculating alkaline zincate solution at a flow-through porous electrode was investigated. Experimental results were obtained to test the predictions of a mathematical model. The effects of electrolyte flow rate, cell current, and electrode thickness on the concentration-time relations and coulombic efficiency-time relations were studied. The experimental results show that the highest recovery rate was obtained at both high flow rates and cell currents. There is, however, a practical limit for increasing both the cell current and the electrolyte flow rate. Reasonable agreement between the model predictions and experimental results was obtained. A case study …

An Electrochemical Route For Making Porous Nickel Oxide Electrochemical Capacitors, Venkat Srinivasan, John W. Weidner

Faculty Publications

Porous nickel oxide films were prepared by electrochemically precipitating nickel hydroxide and heating the hydroxide in air at 300°C. The resulting nickel oxide films behave as an electrochemical capacitor with a specific capacitance of 59 F/g electrode material. These nickel oxide films maintain high utilization at high rates of discharge (i.e., high power density) and have excellent cycle life. Porous cobalt oxide films were also synthesized. Although the specific capacitances of these films are approximately one-fifth that of the nickel oxide films, the results demonstrate the versatility of fabricating a wide range of porous metal oxide films using …

Molecular-Level Modeling Of The Viscoelasticity Of Crosslinked Polymers: Effect Of Time And Temperature, Philip P. Simon, Harry J. Ploehn

Faculty Publications

We present a new molecular-level picture of chain dynamics for describing the viscoelasticity of crosslinked polymers. The associated mathematical model consists of a time-dependent momentum balance on a representative polymer segment in the crosslinked network, plus phenomenological expressions for forces acting on the segments. These include a cohesive force that accounts for intermolecular attraction, an entropic force describing the thermodynamics governing chain conformations, and a frictional force that captures the temperature dependence of relative chain motion. We treat the case of oscillatory uniaxial deformation. Solution of the model equations in the frequency domain yields the dynamic moduli as functions of …

Section 10(B) And The Vagaries Of Federal Common Law: The Merits Of Codifying The Private Cause Of Action Under A Structuralist Approach, Edward A. Fallone

Faculty Publications

Few issues in the field of securities law have proved as controversial as the legitimacy and proper application of the implied private cause of action for securities fraud under Section 10(b) of the Securities Exchange Act of 1934 and its regulatory counterpart, Rule 10b-5. The Private Securities Litigation Reform Act of 1995 was expected by many observers to bring about sweeping changes in the implied private cause of action, which critics charge has been abused by overzealous litigants bringing frivolous lawsuits. In his timely article, Professor Fallone argues that most of the Private Securities Litigation Reform Act's changes to the …

“Take The Money And Run – Please”: Severance Payments And Waiver-Of-Claim Clauses Under The Age Discrimination In Employment Act, Alison Barnes

Faculty Publications

No abstract provided.

When Is A State Court Case A Federal Case? Or Can State Trial-Court Cases Of An Appellate Nature Be Taken To Federal Court?, Jay E. Grenig

Faculty Publications

No abstract provided.

The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas

Faculty Publications

No abstract provided.

Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch

Faculty Publications

No abstract provided.

Language Teaching In India: Issues And Innovations, B Kumaravadivelu

Faculty Publications

This collected volume on English language teaching (ELT) in India contains 22 articles written by Indian teachers and researchers. The book has been divided into six sections. The first section—“Problematizing ELT in India”—offers a critical, historical perspective along with innovative ideas for making English language learning and teaching meaningful and purposive in modern India. The second section—“Nature of ELT Materials”—demonstrates how the ELT materials used in Indian classrooms are not embedded in local needs and indigenous contexts. The section emphasizes the importance of developing instructional materials that not only make use of the rich linguistic and cultural resources available in …