Digital Commons Network^™

Testimony In Support Of The Congaree National Park Act Of 2003, William L. Graf

Faculty Publications

No abstract provided.

Scripture Note: Doctrine And Covenants 125, Fred E. Woods

Faculty Publications

On 19 January 1841, the Lord gave a revelation to Joseph Smith regarding the building of the Nauvoo Temple and issued a call for the faithful Saints to gather to assist in the building of this sacred edifice (see D&C 124: 25-55). With the emphasis on the gathering to Nauvoo and the building of the temple, the Iowa Saints on the eastern banks of the Mississippi were wondering if they should move across the river to Nauvoo. Therefore, in March 1841, the Prophet Joseph Smith posed the question, "What is the will of the Lord concerning the saints in the …

Motion Planning Using Potential Fields, Randal W. Beard, Timothy W. Mclain

Faculty Publications

The objective of these notes is to describe a reactive approach to motion planning for mobile robots. In a reactive approach, trajectories are not planned explicitly. Rather, robot interactions are defined explicitly and the robot motion is said to "emerge." The drawback of reactive methods is that it is sometimes difficult to get the robot to do exactly what you want. The reactive approach that will be described in these notes is called the "virtual fields" method and is commonly used in robotics.

Using Low-Threshold Applications And Software Templates To Improve Efficiency In An Introductory Statistics Course, Jason K. Mcdonald

Faculty Publications

This study was an exploratory study in improving efficiency in university courses by using low-cost methods of design and development that can be easily managed by university faculty. To explore this issue, we developed a lesson for the Statistics department at Brigham Young University using low-threshold applications (uses of technology that are low-cost and easy to learn) and software templates. We evaluated the lesson as a possible method to decrease the number of hours instructors were required to spend teaching in class. We discovered that students responded positively to the lesson, and that the methods of lesson design and development …

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.

Effects Of Concurrent Motor, Linguistic, Or Cognitive Tasks On Speech Motor Performance, Christopher Dromey, April Benson

Faculty Publications

This study examined the influence of 3 different types of concurrent tasks on speech motor performance. The goal was to uncover potential differences in speech movements relating to the nature of the secondary task. Twenty young adults repeated sentences either with or without simultaneous distractor activities. These distractions included a motor task (putting together washers, nuts, and bolts), a linguistic task (generating verbs from nouns), and a cognitive task(performing mental arithmetic). Lip movement data collected during the experimental conditions revealed decreases in displacement and velocity during the motor task. The linguistic and cognitive tasks were associated with increased spatiotemporal variability …

An Imaging System Correlating Lip Shapes With Tongue Contact Patterns For Speech Pathology Research, Christopher Dromey, Daniel Bates, Xiaoqian Xu, Sameer Antani, D J. Lee

Faculty Publications

In this research, an imaging system was built to work with a newly developed electronic device to help people produce sounds correctly. The system consists of two parts, the internal tongue contact pattern data collection and the external lip shape information analysis. The tongue position information was gathered using the palatometer, an innovative tongue contact pattern-tracking device invented by Dr. Samuel Fletcher. The lip shape information was collected by processing images taken from people articulating different sounds. We developed an efficient color image segmentation technique to extract lip contour points and form a closed curve for shape analysis. The geometry …

Model Checking For Design And Assurance Of E-Business Processes, Bonnie Anderson, James V. Hansen, Paul Benjamin Lowry, Scott L. Summers

Faculty Publications

Use of the Internet for electronic business has the potential to revolutionize the way many businesses are conducted. Yet, several businesses have fallen victim to problems in information systems that facilitate e-Business. These problems are characterized by uncertainties due to system complexity, rapid development, interconnectivity, and a lack of familiarity with the new technologically based economy. This paper demonstrates how model checking can aid in the design and assurance of e- Business processes in environments characterized by distributed processing, parallelism, concurrency, communication uncertainties, and continuous operations.

Data Mining Of Forensic Association Rules, James V. Hansen, Paul Benjamin Lowry, Rayman D. Meservy

Faculty Publications

Data mining offers a potentially powerful method for analyzing the large data sets that are typically found in forensic computing (FC) investigations to discover useful and previously unknown patterns within the data. The contribution of this paper is an innovative and rigorous data mining methodology that enables effective search of large volumes of complex data to discover offender profiles. These profiles are based on association rules, which are computationally sound, flexible, easily interpreted, and provide a ready set of data for refinement via predictive models. Methodology incorporates link analysis and creation of predictive models based on association rule input.

Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond

Faculty Publications

To explore this new social fracture and its challenge to the legitimacy of Anglo-American capitalism, this Article presents a case study of the attempt by the Chinese government and major Wall Street investment banks to complete an initial public offering by a major Chinese corporation. Their efforts represented a classic example of the effort to build a new global capitalist order from above without significant concern for the legitimation question. And, as we shall see, the effort was met from below with a vigorous social response. Thus, I suggest that a kind of syndrome, the PetroChina Syndrome if you will, …

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

Are The U.S. Patent Priority Rules Really Necessary?, Colleen Chien, Mark Lemley

Faculty Publications

In this Article, we study U.S. Patent and Trademark Office (“PTO”) interference proceedings and court cases in which the parties dispute who is first to invent. We find that the first person to file is usually, but by no means always, also the first to invent. In over 40% of the cases, the first to invent is last to file. We also find that the long-standing rule that discriminated against foreign inventors by requiring proof of inventive activity in the U.S. had surprisingly little effect on outcomes; that a large number of priority disputes involve near-simultaneous invention; and that the …

1984 And Beyond: Two Decades Of Copyright Law, Tyler T. Ochoa

Faculty Publications

During the past two decades, engineers, authors, publishers, consumers, lawyers and academics have witnessed extraordinary developments in the technological landscape, often leading to equally dramatic developments in the law of copyright. Many of these developments have been chronicled (or foreshadowed) in the pages of the Santa Clara Computer and High Technology Law Journal. To celebrate the Journal's 20th Anniversary, this essay will place a number of articles which have appeared in the Journal in their historical context by taking a look back on how the law of copyright has changed during the past twenty years.

Human Rights - Transnational Abductions - Extraterritorial Application Of International Covenant On Civil And Political Rights - Non-Self-Executing Treaties: United States V. Duarte-Acero, 296 F. 3d 1277, Cert. Denied, 123 S. Ct. 573, David Sloss

Faculty Publications

No abstract provided.

Of Borders, Fences And Global Environmentalism, Tseming Yang

Faculty Publications

No abstract provided.

Privilege, Gender, And The Fourteenth Amendment: Reclaiming Equal Protection Of The Laws, Stephanie M. Wildman

Faculty Publications

The United States Supreme Court's failure to understand the relationship between individuals and groups in its equal protection jurisprudence has resulted in jurisprudence that makes no sense. The Court's inability to recognize the forms of bias associated with group membership has hampered the realization of the equal protection ideal. Analyzing the Court's gender equality decisions, the author proposes another path in equal protection jurisprudence that would analyze systemic privilege, recognizing the structures of subordination and domination. Examining equal protection through a privilege lens would clarify the interrelation of individuals to groups, provide an avenue for addressing biases, and sidestep the …

Meeting Human Needs: Examining The Social Safety Net For Working America, Stephanie M. Wildman

Faculty Publications

No abstract provided.

"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman

Faculty Publications

No abstract provided.

Dying Children And Medical Research: Access To Clinical Trials As Benefit And Burden, Michelle Oberman, Joel Frader

Faculty Publications

No abstract provided.

Arbitration And The Batson Principle, E. Gary Spitko, Sarah Rudolph Cole

Faculty Publications

As disputants more frequently utilize arbitration to resolve disputes, the likelihood that discriminatory arbitrator selection will occur also increases. While some disputants might consent to selecting an arbitrator for particular reasons, it is troublesome to think that repeat players, such as employers and businesses, might use their greater knowledge and experience with the arbitral process to gain control over the arbitrator selection process through the use of peremptory challenges. Opponents of arbitration have attempted to adopt existing legal arguments to address this problem. Unfortunately, however, neither the state action doctrine nor the use of the existing public policy exception to …

Subversive Moments: Challenging The Traditions Of Constitutional History, Patricia A. Cain, Linda K. Kerber

Faculty Publications

No abstract provided.

The Right To Privacy Under The Montana Constitution: Sex And Intimacy, Patricia A. Cain

Faculty Publications

No abstract provided.

Using Reeves To Teach Summary Judgment, David Sloss

Faculty Publications

No abstract provided.

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

Faculty Publications

No abstract provided.

Constitutional Remedies For Statutory Violations, David Sloss

Faculty Publications

No abstract provided.

A Realization-Based Approach To The Taxation Of Financial Instruments, David M. Hasen

Faculty Publications

In recent years, a consensus has emerged among tax scholars that financial product innovation poses significant challenges to the federal tax system. These challenges are thought to stem from opportunities that new financial instruments create to exploit the realization rule, which generally defers tax on an asset's risk-based returns until the asset is sold. Many commentators have argued that because the realization rule is fundamental to the tax system, innovations in financial instruments inevitably will lead to either abandonment or wholesale revision of the income tax.

I make three arguments about this view. First, it presupposes that the realization rule …

Unfilled Promise: The Human Rights Class Action, Beth Van Schaack

Faculty Publications

Historically, international law consisted primarily of substantive norms, leaving it to individual nation states to determine how to implement and enforce those norms. Human rights class actions in U.S. courts represent one such fusion of international legal rights with domestic judicial remedies. Since the late 1980s, victims of human rights violations have increasingly utilized Federal Rule of Civil Procedure 23 (“Rule 23”), which governs the certification and conduct of the class action in federal court. In certain respects, the rule embodies a unique feature of United States procedural law. The United States Supreme Court has recognized that class relief is …

Exploring The "Myth Of Parity" In State Taxation: State Court Decisions Interpreting Public Law 86-272, Bradley W. Joondeph

Faculty Publications

The general rule of federal question jurisdiction does not extend to cases in which plaintiffs challenge the lawfulness of a state or local tax. In recent years, the Supreme Court has expressed its belief that this lack of a federal forum should not concern taxpayers, as the federal and state judiciaries are equally competent in deciding questions of federal law. Many observers have disputed this parity thesis, labeling it a convenient but dangerous myth. In the field of state and local taxation specifically, lawyers have expressed their distrust of state courts' willingness to protect the federal rights of taxpayers, especially …

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

A Review Of South Dakota Criminal Justice: A Study Of Racial Disparities By Richard Braunstein And Steve Feimer, Frank Pommersheim, Elsie Meeks

Faculty Publications

No abstract provided.