Digital Commons Network^™

Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman

Publications

This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.

Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur

Publications

The 2006 Colorado General Assembly passed legislation adopting a 1000-year limitation applicable to interests in trust, practically eliminating the Rule Against Perpetuities ("RAP"). This article discusses the legislation's impact on the RAP in trust and non-trust situations.

Raising The Red Flag: The Continued Relevance Of The Japanese Internment In The Post-Hamdi World, Aya Gruber

Publications

In the years since the terrorist attacks of September 11th, the Japanese interment has re-emerged as a topic of serious discourse among legal scholars, politicians, civil libertarians, and society in general. Current national security policies have created concerns that the government has stepped dangerously close to the line crossed by the Roosevelt administration during World War II. Civil libertarians invoke the internment to caution policy-makers against two of the most serious dangers of repressive national security policies: racial decision-making and incarceration without process. Bush defenders advance several arguments in response to internment comparisons. The most conservative is an ardent defense …

Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss

Publications

When the defendant in an employment case is a college or other institution of higher education, the plaintiff usually will face an "academic deference" argument. Citing the importance of their "academic freedom," defendants and sympathetic courts have asserted that federal courts should decline to "invade" higher education with "federal court supervision." Whether or not courts cite the "academic deference" doctrine expressly, they certainly have proven hostile to professors' claims of discrimination, dismissing as a matter of law claims that seemed quite strong, or at least solid enough to allow a factfinder to rule either way. Indeed, empirical evidence shows that …

Tax Strategies Are Not Patentable Inventions, Andrew A. Schwartz

Publications

No abstract provided.

The Economic Situation, 2005 December, Bruce Yandle

Publications

Quarterly report on the economic situation of the United States and South Carolina.

Human Error And General Aviation Accidents: A Comprehensive, Fine-Grained Analysis Using Hfacs, Douglas Wiegmann, Troy Faaborg, Albert Boquet, Cristy Detwiler, Kali Holcomb, Scott Shappell

Publications

The Human Factors Analysis and Classification System (HFACS) is a theoretically based tool for investigating and analyzing human error associated with accidents and incidents. Previous research performed at both the University of Illinois and the Civil Aerospace Medical Institute has successfully shown that HFACS can be reliably used to analyze the underlying human causes of both commercial and general aviation (GA) accidents. These analyses have helped identify general trends in the types of human factors issues and aircrew errors that have contributed to civil aviation accidents. The next step was to identify the exact nature of the human errors identified. …

Growth, Fecundity, And Diets Of Newly Established Silver Carp In The Middle Mississippi River, Christopher J. Williamson, James E. Garvey

Publications

The silver carp Hypophthalmichthys molitrix has spread throughout the Mississippi River drainage. During 2003, we determined its population status and potential impact in the middle Mississippi River (MMR), the conduit between the lower Mississippi River and the upper Mississippi, Missouri, and Illinois rivers. We quantified growth, age structure, fecundity, and diets of silver carp sampled with trammel nets and AC electrofishing in main-channel areas. Mean length at age in the MMR exceeded that of populations in Asia by as much as 26%. Individuals were typically more than 1 year old and 230 mm total length, suggesting that small, young fish …

Coordinated Cluster/Double Star Observations Of Dayside Reconnection Signatures, M. W. Dunlop, M. G. G. T. Taylor, J. A. Davies, C. J. Owen, F. Pitout, A. N. Fazakerley, K. Nykyri, Et Al.

Publications

The recent launch of the equatorial spacecraft of the Double Star mission, TC-1, has provided an unprecedented opportunity to monitor the southern hemisphere dayside magnetopause boundary layer in conjunction with northern hemisphere observations by the quartet of Cluster spacecraft. We present first results of one such situation where, on 6 April 2004, both Cluster and the Double Star TC-1 spacecraft were on outbound transits through the dawnside magnetosphere. The observations are consistent with ongoing reconnection on the dayside magnetopause, resulting in a series of flux transfer events (FTEs) seen both at Cluster and TC-1, which appear to lie north and …

Water And Wastewater Systems In New Mexico: A Statutory Review And Comparison, Utton Transboundary Resources Center, Office Of The State Engineer, Institute Of Public Law (Ipl) Unmsol

Publications

No abstract provided.

Integration Of The Shel Model With The Flight Operational Quality Assurance (Foqa) Program, James T. Schultz, Scott Forn, Marian C. Schultz

Publications

The SHEL Model has been used to explore relationships between liveware, environmental, hardware and software factors. This study attempts to integrate Flight Operational Quality Assurance (FOQA) program data with the SHEL model. Aircraft record data that can be used to monitor the human interface within the entire system, plus identify faults and potential failures within the system before a major accident or incident occurs. These data have existed for over four decades, and FOQA offers a way to both analyze and act upon them. The relationships between the SHEL model and FOQA data can help to ensure our nation's skies …

Interstate Water Compacts: A Bibliography, George William Sherk

Publications

Utton Center Model Interstate Water Compact Project. Arranged alphabetically (years and then by letter).

Design Of A Flexible And Agile Centering Preprocessing System, Laine Mears, Thomas Kurfess

Publications

Precise machining of bearing rings is integral to finished bearing assembly quality. The output accuracy of center-based machining systems such as lathes and magnetic chuck grinders relates directly to the accuracy of part centering before machining. Traditional tooling for centering on such machines is subject to wear, dimensional inaccuracy, setup time (hard tooling) and human error (manual centering). A flexible system for initial part centering is proposed based on a single measurement system and actuator. In this system, the part is placed by hand onto the machine table, automatically rotated and measured to identify center of geometry offset from center …

The Economic Situation, 2005 June, Bruce Yandle

Publications

Quarterly report on the economic situation of the United States and South Carolina.

Element-Specific Magnetic Properties Of Co2mnsi Thin Films, S. Stadler, D. H. Minott, D. Harley, J. P. Craig, M. Khan, I. I. Dubenko, N. Ali, K. Story, J. Dvorak, Y. U. Idzerda, D. A. Arena, V. G. Harris

Publications

Co₂MnSi thin films were grown on Al₂O₃ (a plane) and GaAs (001) substrates and on thin silicon nitride windows using pulsed laser deposition. Angle-dependent magneto-optic Kerr effect measurements reveal both a uniaxial and a fourfold magnetocrystalline anisotropy for films grown on GaAs (001). X-ray magnetic circular dichroism spectra were measured at the L_2,3 edges of the thin films as a function of aluminum cap layer thickness, and transmission mode L_2,3 x-ray absorption through a 1000-Å Co₂MnSi film grown on a silicon nitride membrane were measured, indicating that deviations from metalliclike …

An Exploration Of Developed Forest Camping Experiences And Meanings In The Mount Rogers National Recreation Area, Barry A. Garst

Publications

Developed forest camping has received little attention in the recreation research since the late 1960s and early 1970s. Changes in socio-demographics, technology, and the publicâ s expectations for amenities over the past forty years suggested that the nature of the developed camping experience may have changed. Thus, the purpose of this study was to understand the modern developed forest camping experience and associated meanings and the influence of technology on developed forest camping. In-depth interviews were conducted in the Mount Rogers National Recreation Area with thirty-eight camping groups in three campgrounds which varied in their level of development. Developed forest …

Conservation, Protection And Utilization Of Louisiana's Coastal Wetland Forests, William Conner, Jim L. Chambers, John W. Day Jr, Stephen P. Faulkner, Emile S. Gardnier, Melinda S. Hughes, Richard F. Keim, Sammy L. King, Kenneth W. Mcleod, Craig A. Miller, John Andrew Nyman, Gary P. Shaffer

Publications

No abstract provided.

Antiphase Oh And Oi Airglow Emissions Induced By A Short-Period Ducted Gravity Wave, Jonathan B. Snively, Victor P. Pasko

Publications

"Numerical simulation of a ducted gravity wave event suggests that OH (8,3) and O(1S) 557.7 nm airglow emissions layers may exhibit opposite-phase intensities when perturbed by a short-period wave undergoing vertical reflection. This effect arises due to the time and temperature dependance of the OH excitation reaction, coupled with the linear polarization properties of vertically-standing waves."

We Need To Talk....About Institutional Integrity, Daniel E. Wueste

Publications

It seems a reasonable hypothesis that institutional health depends upon institutional integrity and institutional integrity depends upon individual integrity. If that’s right, “disease” may be manifest at two levels—at the level of institutional or individual integrity.

I begin with the first part of the hypothesis above, that institutional integrity is a condition of institutional health. The legal theorist Lon Fuller articulated this idea in a less generalized form when he spoke of a morality internal to law that makes law possible. I will explain and illustrate this idea and indicate how it applies to institutions of various sorts, including professions …

Uaa Student Showcase Journal: Recognizing Excellence (2005), N/A N/A

Publications

No abstract provided.

Final Habitat Restoration Inventory Summary Report For The Lower Presumpscot River Watershed: Volume I, Northern Ecological Associates, Inc., Casco Bay Estuary Partnership

Publications

This Habitat Restoration Inventory Summary Report summarizes efforts by the Casco Bay Estuary Project (CBEP) to identify, evaluate, and document potential habitat restoration opportunities in, and directly adjacent to, waterbodies in the lower portion of the Presumpscot River Watershed in Maine (Figure 1). Specifically, inventories were conducted along the main branch of the Presumpscot River, the Presumpscot River Estuary, and the major tributaries to the Presumpscot River including Mill Brook, the East Branch of the Piscataqua, and the West Branch of the Piscataqua.

This report presents the objectives of the project, the methods used in site identification and evaluation process, …

The Influence Of Visibility, Cloud Ceiling, Financial Incentive, And Personality Factors On General Aviation Pilots' Willingness To Take Off Into Marginal Weather, Part I: The Data And Preliminary Conclusions, William Knecht, Howard Harris, Scott Shappell

Publications

Adverse weather is the leading cause of fatalities in general aviation (GA). In this research, influences of ground visibility, cloud ceiling height, financial incentive, and personality were tested on 60 GA pilots' willingness to take off into simulated adverse weather. Results suggested that pilots do not see "weather" as a monolithic cognitive construct but, rather, as an interaction between its separate factors. This is supported by the finding that the multiplicative statistical effect of visibility and ceiling could better predict takeoff than could the linear effect of either variable considered separately. Also found was a statistical trend toward financial incentive …

The Practice Of Local Development: A Guide For Nebraska Communities On Creating Jobs And Business Investment, Robert Blair, Jerry Deichert, Jordan Fuller, Nathan George, School Of Public Administration, University Of Nebraska At Omaha, Center For Public Affairs Research (Cpar), Nebraska Department Of Economic Development

Publications

A description of the foundations of the local development process,

including a collection of resources on economic and business development strategies

Numerical Simulation Of Live Chaparral Fire Behavior Using Firetec, Lulu Sun, Xiangyang Zhou, Shankar Mahalingam, Jesse Canfield, Rodman Linn

Publications

Fire spread through chaparral fuels is a significant feature of wildland fire in southern California. In order to study the detailed physical processes involved during fire spread, FIRETEC, a coupled atmosphere/wildfire behavior model was refined to examine chaparral fire behavior. FIRETEC combines a sophisticated fine-scale model to simulate a three- dimensional wildfire, moving over a terrain-following finite volume grid, with the motions of the local atmosphere. It accounts for the microscopic details of a fire with macroscopic resolution by dividing quantities into mean and fluctuating parts and the resulting transport equations are solved by using a finite difference method. In …

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.

Robust Control Techniques For State Tracking In The Presence Of Variable Time Delays, Jarrett Goodell, Marc Compere, Miguel Simon, Wilford Smith, Ronnie Wright, Mark Brudnak

Publications

In this paper, a distributed driver-in-the-Ioop and hardware-in-the-Ioop simulator is described with a driver on a motion simulator at the U.S. Army TARDEC Ground Vehicle Simulation Laboratory (GVSL). Realistic power system response is achieved by linking the driver in the GVSL with a full-sized hybrid electric power system located 2,450 miles away at the TARDEC Power and Energy Systems Integration Laboratory (P&E SIL), which is developed and maintained by Science Applications International Corporation (SAIC). The goal is to close the loop between the GVSL and P&E SIL over the Internet to provide a realistic driving experience in addition to realistic …

Innate Nkt Lymphocytes Confer Superior Adaptive Immunity Via Tumor-Capturing Dendritic Cells, Kang Z. Liu, Juliana Idoyaga, Anna Charalambous

Publications

If irradiated tumor cells could be rendered immunogenic, they would provide a safe, broad, and patient-specific array of antigens for immunotherapies. Prior approaches have emphasized genetic transduction of live tumor cells to express cytokines, costimulators, and surrogate foreign antigens. We asked if immunity could be achieved by delivering irradiated, major histocompatibility complex-negative plasmacytoma cells to maturing mouse dendritic cells (DCs) within lymphoid organs. Tumor cells injected intravenously (i.v.) were captured by splenic DCs, whereas subcutaneous (s.c.) injection led only to weak uptake in lymph node or spleen. The natural killer T (NKT) cells mobilizing glycolipid α-galactosyl ceramide, used to mature …

Urban Streams Nonpoint Source Assessments In Maine Final Report, Birch Stream, Trout Brook, Barberry Creek, Capisic Brook, Susan Meidel, Maine Department Of Environmental Protection

Publications

No abstract provided.

Water Wrongs: Why Can't We Get It Right The First Time?, David Getches

Publications

Article reprinted in the Rocky Mountain Mineral Law Foundation Journal, Vol. 42, No. 2 (2005). Originally published in the Winter, 2004 issue of Environmental Law.

Habitat Restoration Inventory Summary Report For The Royal River, Spruce Creek, And Lower Kennebec River Estuary, Northern Ecological Associates, Inc.

Publications

No abstract provided.