Digital Commons Network^™

Teaching Green: Experimenting With Green Values In The Classroom, David Whiteman

Faculty Publications

No abstract provided.

A Comparison Of High And Low Performing Secondary Physical Education Programs, Darla Castelli, Judith E. Rink

Faculty Publications

No abstract provided.

Teacher Competency Using Observational Scoring Rubrics, Lori Williams, Judith E. Rink

Faculty Publications

No abstract provided.

A Decade Of Daubert, David G. Owen

Faculty Publications

No abstract provided.

Federal Preemption Of Products Liability Claims, David G. Owen

Faculty Publications

No abstract provided.

Do Owners Have A Fair Chance Of Prevailing Under The Ad Hoc Regulatory Takings Test Of Penn Central Transportation Company?, F. Patrick Hubbard

Faculty Publications

No abstract provided.

Escape From New York: Analyzing The State's Relative Interests In Proscribing The Withdrawal Of Life Support And Physician-Assisted Suicide, Colin Miller

Faculty Publications

This Note argues that states cannot consistently prohibit physician assisted suicide for terminally ill patients while they continue to allow the withdrawal of life support for even non-terminal patients. All of the state interests identified by the Supreme Court in rejecting a right to assisted suicide are implicated to a higher degree by withdrawal of life support. The primary reason for this difference is that withdrawal of life support often involves incompetent patients and surrogate decision making while assisted suicide by definition requires a competent patient choosing to hasten her death.

Forfeiture By Wrongdoing And Those Who Acquiesce In Witness Intimidation: A Reach Exceeding Its Grasp And Other Problems With Federal Rule Of Evidence 804(B)(6), James F. Flanagan

Faculty Publications

This article is the first comprehensive and critical analysis of the new exception to the hearsay rule that permits prosecutors to admit hearsay statements of absent witnesses when the defendant causes their unavailability at trial. The article develops the problems with the rule's overbroad language, its potential to admit unreliable hearsay and its relationship to the Confrontation Clause. These issues are of increasing interest to lawyers, judges and justices now that it is a federal rule and been adopted by ten states.

The first section is a comprehensive statement of the rule as now applied. The exception is traced from …

A New Framework For Law Firm Discipline, Elizabeth Chambliss, David B. Wilkins

Faculty Publications

No abstract provided.

Copula Variability In Gullah, Tracey L. Weldon

Faculty Publications

Many researchers have investigated the copula for possible links between African American Vernacular English (aave) and Atlantic Creoles, a connection that has served as the foundation of the Creolist Hypothesis in the on-going debate over the origins of aave. One variety that has been of particular interest in this debate is Gullah, which has been hypothetically linked to aave since some of the earliest statements of the Creolist Hypothesis. To date, however, very little research has been done on copula variability in Gullah itself. This study, therefore, provides an analysis of copula variability in present affirmative contexts in Gullah. Variation …

Raising (And Control), William D. Davies, Stanley William Dubinsky

Faculty Publications

No abstract provided.

Indian Tribal Courts, Frank Pommersheim

Faculty Publications

No abstract provided.

Hatch-Waxman Reform And Accelerated Market Entry Of Generic Drugs: Is Faster Necessarily Better?, Sarah Kammer

Faculty Publications

Recently there has been a considerable amount of pressure to accelerate consumer access to generic drugs, which are significantly less expensive than their brand-name counterparts. One way to bring generic drugs on to the market sooner is through revision of the existing law relating to pharmaceutical patents. This iBrief describes recent regulatory changes to the Drug Price Competition and Patent Term Restoration Act (the Hatch-Waxman Act), which governs the patenting process for new drug products, as well as current legislative efforts to speed generic access through Hatch-Waxman reform. This iBrief also assesses whether these changes will be beneficial to consumers …

Study Of Ionic Conductivity Profiles Of The Air Cathode Of A Pemfc By Ac Impedance Spectroscopy, Qingzhi Guo, Maria Cayetana, Yu-Min Tsou, Emory S. De Castro, Ralph E. White

Faculty Publications

A characterization of the ionic conduction of the active layer of a polymer electrolyte membrane fuel cell (PEMFC) cathode by ac impedance measurement at open-circuit potential conditions was conducted. Porous electrode theory was used to derive a compact equation, ∂2Φ̑2/∂y2+∂lnf(y)/∂y×∂Φ̑2/∂y−R/f(y)(1+jΩ)Φ̑2=0, to solve for the impedance response of a cathode at open-circuit potential conditions. This equation includes a parameter R, the ratio of an ionic resistance (evaluated at the active layer/membrane interface), to the total charge-transfer resistance of the active layer. The influence of an assumed ionic conductivity distribution profile f(y) on the error in the estimation of total double-layer …

Synthesis And Characterization Of Mno2-Based Mixed Oxides As Supercapacitors, Hansung Kim, Branko N. Popov

Faculty Publications

Mn/Pb and Mn/Ni mixed oxide were prepared at ambient temperature by reduction of KMnO₄ with Mn, Pb, and Ni salts. This low-temperature approach provides amorphous structure of the active material. The specific capacitance of pure MnO₂ was estimated to be 166 F/g and increased to 210 and 185 F/g for Mn/Ni and Mn/Pb oxides, respectively. The carbon loading was optimized at 20 wt %. Based on a single electrode, the Mn/Ni mixed oxide showed a high rate capability of 3.12 Wh/kg at constant power discharge of 1 kW/kg.

Corrosion Protection Of Steel Using Nonanomalous Ni-Zn-P Coatings, Basker Veeraraghavan, Bala Haran, Swaminatha P. Kumaraguru, Branko N. Popov

Faculty Publications

A novel technique for obtaining nonanomalous Ni-Zn-P coatings with high Ni content (74 wt % as compared to 15-20 wt % in the conventional plating method) has been developed. These coatings show promise as a replacement for Cd in sacrificially protecting steel. Ni-Zn-P coatings were deposited using an electroless method from a solution containing NiSO₄, complexing agent and ammonium chloride. Varying the concentration of ZnSO₄ in the bath controls the final amount of Zn in the deposit. The Zn content in the coating was optimized based on the corrosion resistance of the final deposit. Coatings with 16.2 …

Full Cell Mathematical Model Of A Mcfc, N. Subramanian, B. S. Haran, Ralph E. White, Branko N. Popov

Faculty Publications

A theoretical model for the molten carbonate fuel cell was developed based on the three-phase homogeneous approach. Using this model, the contribution of different cell components to losses in cell performance has been studied. In general, at low current densities, the electrolyte matrix contributed to the major fraction of potential losses. Mass transfer effects became important at high current densities and were more prominent at the cathode. Electrolyte conductivity and cathode exchange current density seemed to play a limiting role in determining cell performance. Using the model, the maximum power density from a single cell for different cell thicknesses was …

Thermally Stable Gel Polymer Electrolytes, Min-Kyu Song, Young-Taek Kim, Yong Tae Kim, Byung Won Cho, Branko N. Popov, Hee-Woo Rhee

Faculty Publications

To prepare miscible polyethylene glycol diacrylate/polyvinylidene fluoride (PEGDA/PVdF) blend gel polymer electrolytes, low molecular weight (M = 742) liquid PEGDA oligomer was mixed with PVdF-HFP dissolved in ethylene carbonate/dimethyl carbonate/LiPF₆ liquid electrolytes, and then cured under ultraviolet irradiation. Room temperature conductivity of PEGDA/PVdF blend films was found to be comparable to that of PVdF-HFP gel polymer electrolytes, and they were electrochemically stable up to 4.6 V vs. Li/Li⁺. Scanning electron micrographs revealed that PEGDA/PVdF blend electrolytes have pore size intermediate between dense PEGDA and highly porous PVdF-HFP. It was confirmed by weight change measurement that liquid electrolyte …

Development Of A Novel Electrochemical Method To Deposit High Corrosion Resistant Silicate Layers On Metal Substrates, Basker Veeraraghavan, Bala Haran, Dragan Slavkov, Swaminatha Prabhu, Branko N. Popov, Bob Heimann

Faculty Publications

A novel method for electrodepositing silicates on metallic substrates from aqueous solutions has been developed. The technique is demonstrated by forming a passive film on galvanized steel. The silicate layer was deposited cathodically from a bath containing PQ Corporation N sodium silicate solution (3.22 weight ratio sodium silicate, 37.5% solution in water). A post-treatment drying process increased the Si content in the coating and improved the corrosion characteristics of the silicate layer. Deposition parameters like bath concentration and temperature have been optimized using corrosion characteristics and surface morphology of the final coating. Finally, stability studies show that the silicate coatings …

Polyetheretherketone Membranes For Elevated Temperature Pemfcs, Balasubramanian Lakshmanan, Wayne Huang, David Olmeijer, John W. Weidner

Faculty Publications

Membrane electrode assemblies ~MEAs! made from polyetheretherketone ~PEEK! showed excellent fuel cell performance and thermal stability in the presence of substantial CO at elevated temperatures ~i.e., 120°C! in proton exchange membrane fuel cells ~PEMFCs!. For example, the current from a MEA made from PEEK membrane at 0.6 V and 120°C was 0.50 A/cm2 when run on pure hydrogen and 0.45 A/cm2 when run on reformate ~50% H2 , 1300 ppm CO, and balance N2). The current density from a MEA made from Nafion at 0.6 V and 120°C was 0.61 A/cm2 when run on pure hydrogen. The main difference between …

Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf

Faculty Publications

This piece is the second in a trilogy of three simultaneously published articles in the Denver Journal of International Law that examine the emerging doctrine of "earned sovereignty," a concept that seeks to reconcile the principles of self-determination and humanitarian intervention with the principles of sovereignty and territorial integrity. This article sets forth the legal underpinnings for the doctrine, while the other two articles in the trilogy provide its policy foundations, and apply the doctrine to several modem case studies. Together, the three articles are the product of the Public International Law and Policy Group's "Intermediate Sovereignty Project," sponsored by …

Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul R. Williams, Michael P. Scharf, James R. Hooper

Faculty Publications

All too frequently the mantra of sovereignty is used by states to shield themselves from international action to prevent them from violating human rights and committing atrocities in their attempts to stifle self-determination movements, as in the case of the Iraqi Anfal campaigns against the Kurds, the Turkish suppression of Kurdish human rights, the Russian campaign in Chechnya, the targeting of Christians in Southern Sudan, and Indonesia's brutal occupation of East Timor and its recent campaign in Aceh. Recent state practice, however, has evidenced a growing creativity among states and policy makers which has led to the emergence of a …

The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams

Faculty Publications

In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …

Snow-Patch Influence On Soil Biogeochemical Processes And Invertebrate Distribution In The Mcmurdo Dry Valleys, Antarctica, Michael N. Gooseff, J. E. Barrett, Peter T. Doran, Andrew G. Fountain, W. Berry Lyons, Andrew N. Parsons, Dorota L. Porazinska, Ross A. Virginia, Diana H. Wall

Faculty Publications

The McMurdo Dry Valleys is the largest of the ice-free areas in Antarctica. Precipitation events in excess of 1 cm of snow accumulation are rare. During the winter, snow is transported by strong katabatic winds blowing from the polar plateau, and deposited into the lee of topographic features (e.g., stream channels and other topographic depressions). At the start of the austral summer (early October), as much as 10% of the valley soils may be covered by distributed snow patches. Because liquid water is the primary driver of biological, physical, and chemical processes in this polar desert, quantifying fluxes of water …

Scientific Empathy, American Buddhism, And The Ethnography Of Religion, Daniel S. Capper

Faculty Publications

The expansion of the use of ethnography in the study of religion has led to substantial methodological confusion. The reflexive ethnographic efforts which exist commonly appeal to the need for ethnographer empathy for field subjects, although the nature and ethical ramifications of this empathy remain poorly explored. This essay offers a model of ethnographic empathy in terms of the methodological observations of Weber, Homans, and Kohut. Using a model of empathy in terms of a reflexive “evenly hovering attention” for data collection, possible gains in the field from this model are explored. These gains include overcoming obstacles to data collection …

Effects Of Weather On Autumn Hawk Movements At Fort Morgan, Alabama, Stefan Woltmann, David Cimprich

Faculty Publications

Migrating hawks were observed at Fort Morgan, Alabama during autumn 1995-1998. The three most abundant migrants were Sharp-shinned Hawk (Accipiter striatus), Broad-winged Hawk (Buteo platypterus) and American Kestrel (Falco sparverius). The three species accounted for 84% of all observations. Most individuals (> 80%) were seen heading west. Compared with days with east and south winds, days with north winds were associated with significantly higher passage rates for all species, and passage rates of Broadwinged Hawks were significantly higher on days when both a cold front and north winds occurred than on days with north winds only. …

Factors Affecting Ammonium Uptake In Streams - An Inter-Biome Perspective, Jackson R. Webster, Patrick J. Mulholland, Jennifer L. Tanks, H. Maurice Valett, Walter K. Dodds, Bruce J. Peterson, William B. Bowden, Clifford N. Dahm, Stuart Findlay, Stanley V. Gregory, Nancy B. Grimm, Stephen K. Hamilton, Sherri L. Johnson, Eugenia Marti, William H. Mcdowell, Judy L. Meyer, Donna D. Morrall, Steven A. Thomas, Wilfred M. Wollheim

Faculty Publications

The Lotic Intersite Nitrogen experiment (LINX) was a coordinated study of the relationships between North American biomes and factors governing ammonium uptake in streams. Our objective was to relate inter-biome variability of ammonium uptake to physical, chemical and biological processes. 2. Data were collected from 11 streams ranging from arctic to tropical and from desert to rainforest. Measurements at each site included physical, hydraulic and chemical characteristics, biological parameters, whole-stream metabolism and ammonium uptake. Ammonium uptake was measured by injection of '5~-ammonium and downstream measurements of 15N-ammonium concentration. 3. We found no general, statistically significant relationships that explained the variability …

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Faculty Publications

(Excerpt)

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistleblower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak.

The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

Is Revised Ucc Article 9 An Anti-Bankruptcy Act? Yes, G. Ray Warner

Faculty Publications

(Excerpt)

Professor Harrell's article is an excellent addition to the discussion that I hoped to stimulate with my article on the bankruptcy implications of the Article 9 revision. I will not attempt here to respond to each specific point he has made, as I believe that my original article adequately sets forth my views.

I was, and I remain, convinced that the Article 9 revision project had as an agenda changing bankruptcy law and I believe that, as a result, the drafters exceeded the proper role of a non-governmental, state-based, supposedly neutral, law reform institution. My earlier anti-bankruptcy article was …

Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan

Faculty Publications

Part II of this Note provides an overview of how the regulatory framework has developed with regard to federal control technology requirements governing major stationary sources. It focuses on the statutory language of the 1970 Clean Air Act and the 1977 Clean Air Act Amendments and subsequent administrative and judicial interpretations. Part III examines the development of the land-use doctrine governing the regulation of preexisting nonconforming uses and highlights its theoretical similarities to the air pollution context. Part IV looks specifically at the jurisprudence surrounding the use of amortization provisions in the zoning context. By and large, a court's acceptance …