Digital Commons Network^™

The Rule Of Law: A Reassessment For The Twenty-First Century, Noel B. Reynolds

Faculty Publications

This brief radio address attempts to explain the origins of American liberty and to assess its health at the beginning of the 21st century. The notion of rule of law and the emerging science of constitutionalism enabled America’s founding generation to establish a system of political liberty that continues to stand as a model for all human societies to pursue.

Rich Treasure In Jars Of Clay: Christian Graduate Theological Education In Postmodern Context, Mary E. Hess

Faculty Publications

No abstract provided.

Fuel Loading Prediction Models Developed From Aerial Photographs Of The Sangre De Cristo And Jemez Mountains Of New Mexico, Usa, Kelly Scott, Brian P. Oswald, Kenneth W. Farrish, Daniel Unger

Faculty Publications

Fuel load prediction equations that made use of aerial photographs were developed for Mixed Conifer, Ponderosa Pine (Pinus ponderosa Dougl. ex Laws.) and Pinyon-Juniper (Pinus edulis Engelm.)-(Juniperusmonosperma Engelm.) cover types from one-time measurements made in the Santa Fe watershed (SFWS) located in the Sangre de Cristo Mountains of northern New Mexico, and at Los Alamos National Laboratory (LANL) located in the Jemez Mountains of northern New Mexico. The results of the watershed data set were favorable and exhibited a high degree of relative accuracy. The results from the LANL data set did not share the same degree of accuracy, …

Red-Cockaded Woodpecker Foraging Behavior In Relation To Midstory Vegetation, D. Craig Rudolph, Richard N. Conner, Richard R. Schaefer

Faculty Publications

Red-cockaded Woodpeckers (Picoides borealis) nest and forage in pine-dominated forests. Research indicates that substantial hardwood midstory encroachment is detrimental to Red-cockaded Woodpecker populations, although the exact mechanisms are unknown. We examined foraging behavior in relation to midstory between August 1989 and February 1990. Red-cockaded Woodpeckers foraged at greater heights in areas of taller and denser midstory in the loblolly-shortleaf pine (Pinus taeda and P. echinata, respectively) habitat, but not in longleaf pine (P. palustris) habitat with less-developed midstory vegetation than typical of loblolly-shortleaf pine habitat. In addition, Red-cockaded Woodpeckers concentrated foraging activities in or adjacent to forest stands or openings …

Engineered Wood Products May Dramatically Impact Timber Markets In The Southern U.S., Steven H. Bullard

Faculty Publications

"Change is inevitable, except from a vending machine." This bumper sticker saying relates well to recent developments in fo rest products and their potential impact on forest landowners in the South.

Change is inevitable-and very important changes are occurring today in how the trees-we grow are processed and used in the US and around the world. These changes have the potential for very dramatic changes in timber markets in the US South, where there are millions of acres of commercial forestland. Changes in timber markets, of course, affect landowners' profits from timber growing, and they may therefore impact our objectives …

The Planetary Nebula Spectrograph: The Green Light For Galaxy Kinematics, N. G. Douglas, M. Arnaboldi, K. C. Freeman, K. Kuijken, M. R. Merrifield, Aaron J. Romanowsky, K. Taylor, M. Capaccioli, T. Axelrod, R. Gilmozzi, J. Hart, G. Bloxham, D. Jones

Faculty Publications

Planetary nebulae (PNe) are now well established as probes of galaxy dynamics and as standard candles in distance determinations. Motivated by the need to improve the efficiency of planetary nebulae searches and the speed with which their radial velocities are determined, a dedicated instrument—the Planetary Nebula Spectrograph, or PN.S—has been designed and commissioned at the 4.2 m William Herschel Telescope. The high optical efficiency of the spectrograph results in the detection of typically ∼150 PNe in galaxies at the distance of the Virgo Cluster in one night of observations. In the same observation, the radial velocities are obtained with an …

Sobre Universos Y Teologías: Schleiermacher Y La Cuestión Cosmológica, Guillermo C. Hansen

Faculty Publications

No abstract provided.

Comedy, Humor, And The Gospel Of John, Craig R. Koester

Faculty Publications

No abstract provided.

Hebrews, Rhetoric, And The Future Of Humanity, Craig R. Koester

Faculty Publications

No abstract provided.

Combined Beamforming And Space-Time Block Coding With A Sparse Array Antenna, Robert H. Morelos-Zaragoza, Mohammad Ghavami

Faculty Publications

We continue our investigation of joint beamforming and transmit diversity with space-time block coding. In particular, the performance of a four-element array antenna is considered, in the context of an indoor wireless communication system. The main contribution is to show that transmit diversity may be practically achieved, even with correlated beams produced by a sparse array antenna.

Effects Of Welding Electropolished 316l Stainless Steel As Used In Ultra-Pure Fluid Delivery Systems For The Semiconductor And Pharmaceutical Industries, Guna S. Selvaduray, S. Trigwell

Faculty Publications

In the semiconductor and pharmaceutical industries, care is taken to prevent any contribution to product contamination or corrosion from the fluid delivery systems. Electropolished 316L stainless steel has become the industry standard due to its superior corrosion resistance. However, welding of the tubing often leads to discoloration in the heat affected zone (HAZ) which can lead to corrosion. Electropolished specimens from various lots of 316L stainless steel tubing were welded under identical parameters, but with varying concentrations of oxygen leaked into the argon purge gas during the welding, simulating on-site welding conditions. Various levels of discoloration were observed in the …

Decomposition Of Pascal’S Kernels Mod PS, Richard P. Kubelka

Faculty Publications

For a prime p we define Pascal's Kernel K(p,s) = [k(p,s)_ij]^∞_i,j=0 as the infinite matrix satisfying k(p,s)_ij = 1/p^x(^i+j_j) mod p if (^i+j_j) is divisible by p^s and k(p,s)_ij = 0 otherwise. While the individual entries of Pascal's Kernel can be computed using a formula of Kazandzidis that has been known for some time, our purpose here will be to use that formula …

Fables Of The Cuyahoga: Reconstructing A History Of Environmental Protection, Jonathan H. Adler

Faculty Publications

On June 22, 1969, just before noon, an oil slick and assorted debris under a railroad trestle on the Cuyahoga River caught fire. The fire attracted national media attention, and helped prompt the passage of federal environmental laws. A river on fire was a symbol of earth in need of repair, and federal regulation was the reparative tool of choice. Much of the Cuyahoga story is mythology, however, a fable with powerful symbolic force. The river did burn in 1969 - as it and other rivers had burned many times before - and today the Cuyahoga and many U.S. rivers …

What Every Student Affairs Professional Should Know: Student Study Activities And Beliefs Associated, Amy Strage

Faculty Publications

No abstract provided.

Are Pileated Woodpeckers Attracted To Red-Cockaded Woodpecker Cavity Trees?, Richard N. Conner, Daniel Saenz, James R. Mccormick

Faculty Publications

Pileated Woodpeckers (Dryocopus pileatus) cause damage to Red-cockaded Woodpecker (Picoides borealis) cavity trees in the form of cavity enlargement or other excavations on the surface of the pine tree. However, it is not known whether Pileated Woodpeckers excavate more frequently on Red-cockaded Woodpecker cavity trees than on noncavity trees or how stand structure is related to the frequency of Pileated Woodpecker excavation. Also, it is unclear whether the cavity itself provides the stimulus to Pileated Woodpeckers to excavate or whether the presence of Red-cockaded Woodpeckers and their activities are attracting them. We surveyed all of the …

Prey Handling And Diet Of Louisiana Pine Snakes (Pituophis Ruthveni) And Black Pine Snakes (P. Melanoleucus Lodingi), With Comparisons To Other Selected Colubrid Snakes, D. Craig Rudolph, Shirley J. Burgdorf, Richard N. Conner, Christopher S. Collins, Daniel Saenz, Richard R. Schaefer, Toni Trees, C. Michael Duran, Marc Ealy, John G. Himes

Faculty Publications

Diet and prey handling behavior were determined for Louisiana pine snakes (Pituophis ruthveni) and black pine snakes (P. melanoleucus lodingi). Louisiana pine snakes prey heavily on Baird's pocket gophers (Geomys breviceps), with which they are sympatric, and exhibit specialized behaviors that facilitate handling this prey species within the confines of burrow systems. Black pine snakes, which are not sympatric with pocket gophers, did not exhibit these specialized behaviors. For comparative purposes, prey handling of P. sayi sayi and Elaphe obsoleta lindheimeri was also examined.

An Automated Technique For Monitoring Nocturnal Avian Vocalizations., Brent Burt, James B. Johnson, Daniel Saenz, Richard N. Conner

Faculty Publications

Using audio recording dataloggers, we collected nocturnal bird vocalizations at different sites within the Davy Crockett National Forest and the Stephen F. Austin Experimental Forest. We detected vocalizations of a variety of nocturnal and diurnal species. This technology is useful for its application to avifauna.

Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons

Faculty Publications

As for the proposal this Article seeks to promote, the length and complexity of this undertaking hopefully demonstrates the difficulty in arriving at an easily identified solution. Century long colonial struggles by several distinct countries and millions of their inhabitants are not easily resolved. Nevertheless, there are certain procedural steps that can be undertaken which may promote the realization of self-determination. The United States should be true to its rhetoric and promote democratic efforts in these lands to achieve autonomy. It is not enough to promote self-determination for other powers' colonies. The subordination of citizens and nationals is not only …

Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker

Faculty Publications

Tribute to Judge Procter Hug of the United States Court of Appeals for the 9th Circuit, based on a talk adapted from Thomas E. Baker's At War With the Constitution: A History Lesson from the Chief Justice, 14 BYU J. Pub.L. 69 (1999).

It is but a truism that the powers of the government are greatest when the Nation is at war. All of our wartime Commanders-in-Chief have conducted themselves based on this belief. For its part, the Supreme Court has acquiesced in draconian measures undertaken by the Executive that would not be permitted during peacetime. The lasting problem …

The Constitutional Implications Of A Cloning Society, Elizabeth Price Foley

Faculty Publications

This paper examines the social and legal implications of human cloning.

Comment On ‘‘Stress-Density Ratio Slip-Corrected Reynolds Equation For Ultra-Thin Film Gas Bearing Lubrication’’, Alejandro Garcia

Faculty Publications

No abstract provided.

Dynamic Co-Existence Of Company-Owned And Franchised Outlets Within A Company: A Framework Of The Franchisor's Perspective, Robert E. Sibley, B. Yoo

Faculty Publications

Why and how do company-owned and franchised outlets simultaneously exist within the same organization? The purpose of this article is to integrate a variety of theories on this interesting retail phenomenon into a broader theoretical framework based on the political-economy paradigm. This paper attempts to integrate the perspectives of several theories that previously have been considered competing models of a single reality--the access-to-capital viewpoint, transaction cost analysis, the population ecology perspective, and power-dependence-conflict arguments--into a broader perspective that utilizes intra-firmfactors and the internal and external economies and polities of the political-economy paradigm. A model depicting this integration is set forth …

Divine Foreknowledge And The Arrow Of Time: On The Impossibility Of Retrocausation, Alan G. Padgett

Faculty Publications

No abstract provided.

Theology As Worship: The Place Of Theology In A Postmodern University, Alan G. Padgett

Faculty Publications

No abstract provided.

A Compendium Of Clever And Amusing Law Review Writings -- An Idiosyncratic Bibliography Of Miscellany With In Kind Annotations Intended As A Humorous Diversion For The Gentle Reader, Thomas E. Baker

Faculty Publications

The world of the American law review resembles Middle Earth for all its strange inhabitants, secret rituals, and foreboding folklore. The depth and breadth of law review literature defies facile characterization, but it can be stated without fear of contradiction that the truly clever or amusing law review article is the quintessential rara avis. Law review articles - and the people who write them and the people who read them - are serious to a fault.

Indeed, whenever a judge, a lawyer, a law professor, or a law student writes something truly funny he or she runs the risk …

Human Cloning & The Right To Reproduce, Elizabeth Price Foley

Faculty Publications

Explores the contours of the right to reproduce, recognized as a substantive liberty under the Due Process Clauses. Specifically, is the right a positive as well as negative right? Does the right encompass the right to use artificial reproductive technologies (ARTs) such as in vitro fertilization, artificial insemination, or reproductive cloning?

Legal Obstacles To Private Ordering In Marine Fisheries, Jonathan H. Adler

Faculty Publications

Part II of this Article surveys the challenges of marine conservation, the failures of existing regulatory regimes, and the potential for property rights in marine resources. Part III discusses the nature of private ordering, providing examples that arise from the fisheries context. Part IV discusses how legal rules can inhibit private ordering. That section focuses in particular on how antitrust law has impeded cooperative fishery management. Part V then explores possibilities for overcoming antitrust obstacles to private ordering. This Article concludes with some broader thoughts about the implications of this research for resource conservation.

Engineered Wood Products And Their Potential Impacts On Forest Landowners In The South, Steven H. Bullard

Faculty Publications

Change is inevitable, except from a vending machine. This "bumper sticker" saying relates well to recent developments in forest products and their potential impact on forest landowners in the South. Change is inevitable - and very important changes are occurring today in how the trees we grow are processed and used in the U.S. and around the world. These changes have the potential for very dramatic changes in timber markets in the U.S. South, where there are millions of acres of commercial forestland. Changes in timber markets, of course, affect landowners' profits from timber growing, and they may therefore impact …

Forest Clearcutting And Site-Preparation On A Saline Soil In East Texas: Impacts On Water Quality, Matthew W. Mcbroom, Mingteh Chang, Alexander K. Sayok

Faculty Publications

Three 0.02 hectare plot-watersheds were installed on a saline soil in the Davy Crockett National Forest near Apple Springs, Texas. Each plot was installed with an H-flume, FW-1 automatic water level recorder, Coshocton N-1 runoff sampler, and two storage tanks. One watershed was undisturbed forested and served a control, one was clearcut without any site-preparation, and the third was clearcut, V-blade sheared, windrowed, and vegetation regrowth was prevented for the first 2 years. A total of 274 storms were recorded during the four-year study period, 1989-1992. Average annual sediment losses for the study period were 55, 197, and 1,530 kilograms …

First-Year Survival And Growth Of Bareroot And Container Water Oak And Willow Oak Seedlings Grown At Different Levels Of Mineral Nutrition, Hans Michael Williams, Matthew Stroupe

Faculty Publications

Bareroot and container water oak (Quercus nigra) and willow oak (Quercus phellos) seedlings were treated with 3 different levels of nitrogen (N) mineral fertilizer applied during the growing season in the nursery. Comparisons were made between species, N treatments, and stock-types for seedling morphology, first-year survival and height growth, and seedling water relations. Water oak seedlings were shorter, heavier, and more first-order lateral roots than the willow oak seedlings. The N fertilizer treatments did not have a statistically significant effect on seedling morphology. Bareroot seedlings were taller, had greater root-collar diameters, and were heavier than the container seedlings. The seedlings …