Digital Commons Network^™

Procedural Extremism: The Supreme Court's 2008-2009 Labor And Employment Cases, Melissa Hart

Publications

It has become nearly a commonplace to say that the Supreme Court under the leadership of Chief Justice John Roberts is a court of “incrementalism.” The 2008 Term, however, featured several opinions that showcase the procedural extremism of the current conservative majority. In a series of sharply divided decisions, the Court re-shaped the law that governs the workplace - or more specifically the law that governs whether and how employees will be permitted access to the courts to litigate workplace disputes. At least as important as the Court’s changes to the substantive legal standards are the procedural hurdles the five …

If It Is Broken, Then Fix It: Needed Reforms To Employment Discrimination Law: 2009 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Melissa Hart, Minna Kotkin, Roberto Corrada, Deborah Widiss

Publications

No abstract provided.

Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag

Publications

In 1969, I saw The Endless Summer. It was a surfer movie about two guys (Robert and Mike) who traveled the world in search of the perfect wave. High art -- it was not. Plus the plot was thin. And it's for sure, there weren't enough girls. But there was one line which, for my generation, will go down as one of the all-time great movie lines ever. And always it was a line delivered by some local to Robert and Mike, the surfer dudes, as they arrived on the scene of yet another dispiritingly becalmed ocean. And every …

Commentary: Was The Bill Of Rights Irrelevant To Nineteenth-Century State Criminal Procedure?, Carolyn B. Ramsey

Publications

No abstract provided.

Colorado V. Connelly: What Really Happened, William T. Pizzi

Publications

In 1986, the Supreme Court decided Colorado v. Connelly, a landmark case in due process and fifth amendment law. The case began when Francis Barry Connelly approached a police officer on the street in downtown Denver to confess to having killed a young woman several months earlier in southwest Denver. Because Connelly was suffering from acute schizophrenia and was hearing auditory hallucinations commanding him to confess, state courts suppressed his statements to the police on the grounds (1) that his statements before arrest were involuntary and inadmissible under the due process clause and (2) those statements post-arrest could not …

Is It The "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge The Divide Between Litigation And Arbitration, Suzette M. Malveaux

Publications

Although the scholarly literature is replete with discussion of the pros and cons of mandatory arbitration and civil litigation, relative to one another, there has been no examination of one-way binding arbitration as a potential bridge between these procedural poles. The goal of this article is to fill that void. One-way binding arbitration requires an employee to use arbitration to resolve workplace disputes, but also gives the employee, but not the employer, the option of rejecting the arbitrator’s decision. In the event the employee is not satisfied with the outcome of arbitration, she can still pursue her claim in court. …

Hydraulic Actuated Automotive Cooling Systems - Nonlinear Control And Test, John Wagner, M H. Salah, P M. Frick, D M. Dawson

Publications

The replacement of traditional automotive mechanical cooling system components with computer controlled servo-motor driven actuators can improve temperature tracking and reduce parasitic losses. The integration of hydraulic actuators in the engine cooling circuit offers greater power density in a smaller package space when compared with electric actuators. In this paper, a comprehensive nonlinear backstepping robust control technique is developed to regulate the engine coolant temperature by controlling a hydraulic coolant pump and radiator fan. An experimental test bench has been assembled to investigate the hydraulic automotive thermal system performance. Representative numerical and experimental results are presented and discussed. Overall, the …

Magnetohydrodynamic Effects In Propagating Relativistic Jets: Reverse Shock And Magnetic Acceleration, Yosuke Mizuno, Bing Zhang, Bruno Giacomazzo, Ken-Ichi Nishikawa, Phillip E. Hardee, Shigehiro Nagataki, Dieter H. Hartmann

Publications

We solve the Riemann problem for the deceleration of an arbitrarily magne-tized relativistic flow injected into a static unmagnetized medium in one dimen-sion. We find that for the same initial Lorentz factor, the reverse shock becomes progressively weaker with increasing magnetization σ (the Poynting-to-kinetic energy flux ratio), and the shock becomes a rarefaction wave when σ exceeds a critical value, σc, defined by the balance between the magnetic pressure in the flow and the thermal pressure in the forward shock. In the rarefaction wave regime, we find that the rarefied region is accelerated to a Lorentz factor that is significantly …

The Economic Situation, Special Edition Ii, 2008 November 5, Bruce Yandle

Publications

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

Geocoronal Hydrogen Observations Spanning Three Solar Minima, S. M. Nossal, E. J. Mierkiewicz, F. L. Roesler, L. M. Haffner, R. J. Reynolds, R. C. Woodward

Publications

The 11-year solar cycle is a dominant source of natural variability in the upper atmosphere, and its effect on atomic hydrogen distributions and emissions must be understood to investigate possible signs of longer-term climatic trends in this region. We present midlatitude geocoronal hydrogen Balmer α observations from solar cycle 23 (1997–2006) and three solar minimum periods, 1985, 1997, and 2006. The 1997 through 2006 observations were taken with the Wisconsin H-αMapper Fabry-Perot (WHAM), a ground-based CCD-annular summing instrument that began observations at the Kitt Peak Observatory in Arizona in 1997. The 1985 observations were made with a similarly …

A Matlab Package For Markov Chain Monte Carlo With A Multi-Unidimensional Irt Model, Yanyan Sheng

Publications

Unidimensional item response theory (IRT) models are useful when each item is designed to measure some facet of a unified latent trait. In practical applications, items are not necessarily measuring the same underlying trait, and hence the more general multi-unidimensional model should be considered. This paper provides the requisite information and description of software that implements the Gibbs sampler for such models with two item parameters and a normal ogive form. The software developed is written in the MATLAB package IRTmu2no. The package is flexible enough to allow a user the choice to simulate binary response data with multiple dimensions, …

The Antecedents Of Simultaneous Appointments To Ceo And Chair, Wallace N. Davidson Iii, Yixi Ning, David Rakowski, Eahab Elsaid

Publications

In relay succession, boards add the Chair title to successful CEOs, creating duality. Sometimes boards by-pass relay succession and appoint an individual directly into the dual position. We propose that this will occur when there is the need for an unambiguous leader and when the appointee has greater bargaining power. We show that following the firing of the predecessor, when the successor is an outsider, and when the successor is not the designated heir, the incidence of simultaneous dual appointments increases. We also find that executives appointed into the dual positions are older than those appointed only as a CEO.

Spatial And Temporal Analysis Of Contact Rates In Female White-Tailed Deer, Lene J. Kjaer, Eric M. Schauber, Clayton K. Nielsen

Publications

White-tailed deer (Odocoileus virginianus) are important game mammals and potential reservoirs of diseases of domestic livestock; thus, diseases of deer are of great concern to wildlife managers. Contact, either direct or indirect, is necessary for disease transmission, but we know little about the ecological contexts that promote intrasexual contact among deer. Using pair-wise direct contacts estimated from Global Positioning System collar locations and joint utilization distributions (JUDs), we assessed habitats in which contacts occur to test whether direct contact rates among female white-tailed deer in different social groups differs among land-cover types. We also tested whether contact rates …

Multicolor Conjugated Polymer Dots For Biological Fluorescence Imaging, Changfeng Wu, Barbara Bull, Craig Szymanski, Kenneth Christensen, Jason Mcneill

Publications

Highly fluorescent conjugated polymer dots were developed for demanding applications such as fluorescence imaging in live cells. These nanoparticles exhibit small particle diameters, extraordinary fluorescence brightness, and excellent photostability. Single particle fluorescence imaging and kinetic studies indicate much higher emission rates (∼10⁸ s⁻¹) and little or no blinking of the nanoparticles as compared to typical results for single dye molecules and quantum dots. Analysis of single particle photobleaching trajectories reveals excellent photostability—as many as 10⁹ or more photons emitted per nanoparticle prior to irreversible photobleaching. The superior figures of merit of these new fluorescent probes, together …

On The Electrostatic Component Of Protein-Protein Binding Free Energy, Kemper Talley, Carmen Ng, Michael Shoppell, Petras Kundrotas, Emil Alexov

Publications

Calculations of electrostatic properties of protein-protein complexes are usually done within framework of a model with a certain set of parameters. In this paper we present a comprehensive statistical analysis of the sensitivity of the electrostatic component of binding free energy (DeltaDeltaGel) with respect with different force fields (Charmm, Amber, and OPLS), different values of the internal dielectric constant, and different presentations of molecular surface (different values of the probe radius). The study was done using the largest so far set of entries comprising 260 hetero and 2148 homo protein-protein complexes extracted from a previously developed database of protein complexes …

Multiwavelength Analysis Of The Intriguing Grb 061126: The Reverse Shock Scenario And Magnetization, A. Gomboc, S. Kobayashi, C. Guidorzi, A. Melandri, V. Mangano, B. Sbarufatti, C. G. Mundell, P. Schady, R. J. Smith, A C. Updike, D A. Kann, K Misra, E Rol, A Pozanenko, A J. Castro-Tirado, G C. Anupama, D Bersier, M F. Bode, D Carter, P Curran, A Fruchter, J Graham, Dieter H. Hartmann, M Ibrahimov, A Levan, A Monfardini, C J. Mottram, P T. O'Brien, P Prema, D K. Sahu, I A. Steele, N R. Tanvir, K Wiersema

Publications

We present a detailed study of the prompt and afterglow emission from Swift GRB 061126 using BAT, XRT, UVOT data and multicolor optical imaging from 10 ground-based telescopes. GRB 061126 was a long burst (T90 ¼191 s) with four overlapping peaks in its -ray light curve. The X-ray afterglow, observed from 26 minutes to 20 days after the burst, shows a simple power-law decay with X ¼1:290 Æ0:008. Optical observations presented here cover the time range from 258 s (Faulkes Telescope North) to 15 days (Gemini North) after the burst; the decay rate of the optical afterglow shows a steep-to-shallow …

Memory Functioning In Children With Reading Disabilities And/Or Attention Deficit/Hyperactivity Disorder: A Clinical Investigation Of Their Working Memory And Long-Term Memory Functioning., Michelle Y. Kibby, Morris J. Cohen

Publications

We examined memory functioning in children with reading disabilities (RD), Attention deficit/hyperactivity disorder (ADHD), and RD/ADHD using a clinic sample with a clinical instrument: the Children's Memory Scale, enhancing its generalizability. Participants included 23 children with RD, 30 with ADHD, 30 with RD/ADHD, and 30 controls. Children with RD presented with reduced verbal short-term memory (STM) but intact visual STM, central executive (CE), and long-term memory (LTM) functioning. Their deficit in STM appeared specific to tasks requiring phonetic coding of material. Children with ADHD displayed intact CE and LTM functioning but reduced visual-spatial STM, especially when off stimulant medication. Children …

Changes In The Seasonality Of Precipitation Over The Contiguous Usa, S C. Pryor, Justin T. Schoof

Publications

Consequences of possible changes in annual total precipitation are dictated, in part, by the timing of precipitation events and changes therein. Herein, we investigated historical changes in precipitation seasonality over the US using observed station precipitation records to compute a standard seasonality index (SI) and the day of year on which certain percentiles of the annual total precipitation were achieved (percentile day of year). The mean SI from the majority of stations exhibited no difference in 1971–2000 relative to 30-year periods earlier in the century. However, analysis of the day of year on which certain percentiles of annual total precipitation …

What A User Wants: Redesigning A Library's Web Site Based On A Card-Sort Analysis, Laura Pope Robbins, Lisa Esposito, Christ Kretz, Michael Aloi

Publications

Web site usability concerns anyone with a web site to maintain. Libraries, however, are often the biggest offenders in terms of usability. In our efforts to provide users with everything they need to do research, we often overwhelm them with sites that are confusing in structure, difficult to navigate, and weighed down with jargon. Dowling College Library recently completed a redesign of its web site based upon the concept of usability. For smaller libraries in particular, this can be a challenge. The web site is often maintained by one or two people and finding the time and resources to conduct …

Local Electron-Transfer Rate Measurements On Modified And Unmodified Glassy-Carbon Electrodes, David O. Wipf, Robert C. Tenent

Publications

A natural and artificial distribution of electron-transfer activity on glassy-carbon electrodes can be observed and quantified by use of scanning electrochemical microscopy (SECM). A large (7-fold) spread in rate-constant is found for randomly sampled sites on polished, untreated glassy-carbon surfaces. Direct-mode oxidation with the SECM tip was used to produce small regions of oxidized carbon on a polished surface. A large increase in electron-transfer rate for the Fe(II/III) ion is observed on the locally oxidized carbon surface in comparison to the unoxidized region. Rate-constant measurements made along a line profiles the transition from unoxidized to oxidized surfaces. SECM images of …

Neutrino-Nucleus Reaction Cross Sections For Light Element Systhesis In Supernova Explosions, Takashi Yoshida, Toshio Suzuki, Satoshi Chiba, Toshitaka Kajino, Hidekazu Yokomakura, Keiichi Kimura, Akira Takamura, Dieter H. Hartmann

Publications

The neutrino-nucleus reaction cross sections of 4He and 12C are evaluated using new shell model Hamiltoni-ans. Branching ratios of various decay channels are calculated to evaluate the yields of Li, Be, and B producedthrough the ν -process in supernova explosions. The new cross sections enhance the yields of7Li and11B pro-duced during the supernova explosion of a 16.2 M⊙star model compared to the case using the conventionalcross sections by about 10%. On the other hand, the yield of10B decreases by a factor of two. The yieldsof6Li,9Be, and the radioactive nucleus10 Be are found at a level of ∼ 10−11M⊙. The temperature …

Entamoeba Histolytica: Lipid Rafts Are Involved In Adhesion Of Trophozoites To Host Extracellular Matrix Components, K. Mittal, B. H. Welter, Lesly A. Temesvari

Publications

Adhesion is an important virulence function for Entamoeba histolytica, the causative agent of amoebic dysentery. Lipid rafts, cholesterol-rich domains, function in compartmentalization of cellular processes. In E. histolytica, rafts participate in parasite–host cell interactions; however, their role in parasite–host extracellular matrix (ECM) interactions has not been explored. Disruption of rafts with a cholesterol extracting agent, methyl-β-cyclodextrin (MβCD), resulted in inhibition of adhesion to collagen, and to a lesser extent, to fibronectin. Replenishment of cholesterol in MβCD-treated cells, using a lipoprotein–cholesterol concentrate, restored adhesion to collagen. Confocal microscopy revealed enrichment of rafts at parasite–ECM interfaces. A raft-resident adhesin, the …

A Photometric Redshift Of Z = 1.8{+0.4}{-0.3} For The Agile Grb 080514b, A. Rossi, A. De Ugarte Postigo, P. Ferrero, D. A. Kann, S. Klose, S. Schulze, J. Greiner, P. Schady, R. Filgas, E E. Gonsalves, A Küpcü Yoldaş, T Krühler, G Szokoly, A Yoldas, P.M.J. Afonso, C Clemens, J S. Bloom, D A. Perley, J.P.U. Fynbo, A J. Castro-Tirado, J Gorosabel, P Kubanek, A C. Updike, Dieter H. Hartmann, A Giuliani, S T. Holland, L Hanlon, M Bremer, J French, G Melady, D A. Garcia-Hernandez

Publications

The AGILE gamma-ray burst GRB 080514B is the first detected to have emission above 30 MeV and an optical afterglow. However, no spectroscopic redshift for this burst is known. We report on our ground-based optical/NIR and millimeter follow-up observations of this event at several observatories, including the multi-channel imager GROND on La Silla, supplemented by Swift UVOT and Swift XRT data. The spectral energy distribution (SED) of the optical/NIR afterglow is found to decline sharply bluewards to the UV bands, which can be utilized in estimating the redshift. Fitting the SED from the Swift UVOT uvw2bandto the H band, we …

A Review Of Hippeutister Reichensperger With New Species From California And Costa Rica (Coleoptera: Histeridae: Hetaeriinae), Michael S. Caterino, Alexey K. Tishechkin

Publications

The myrmecophilous genus Hippeutister Reichensperger, 1935, contains six species, known from scattered localities in North, Central and South America. Two of these, H. californicus n. sp. and H. solisi n. sp. are newly described herein. The other four are H. manicatus (Lewis) (=H. solenopsidis Reichensperger, syn. nov.), H. plaumanni Reichensperger, H. castaneus (Lewis), and H. amabilis (Wenzel). The genus is likely monophyletic, and is easily recognized by the presence of a very broad prosternal keel, which is deeply triangularly incised at the base. Species of Hippeutister are unusual among hetaeriine Histeridae in their occurrence in the nests of fire ants …

Erratum: "Warm Hcn, C2h2, And Co In The Disk Of Gv Tau'', E L. Gibb, K A. Vanbrunt, Sean D. Brittain, T W. Rettig

Publications

This is an Erratum for the article 2007 ApJ 660 1572

Show Me The Shoah!: Generic Experience And Spectatorship In Popular Representations Of The Holocaust, Walter C. Metz

Publications

This essay explores the relationship between the textual features of popular cultural artifacts pertaining to the Holocaust and their reception circumstances. Comparative cultural studies methods are deployed in analyzing a film, Life is Beautiful (Roberto Begnini, 1997); a children’s book, Dr. Seuss’ The Sneetches (1961); and the Jewish Museum Berlin, designed by Daniel Libeskind.

Land Use, Water Conservation And Other Things To Think About, Dale Dekker

Publications

No abstract provided.

The Rapidly Flaring Afterglow Of The Very Bright And Energetic Grb 070125, Adria C. Updike, Josh B. Haislip, Melissa C. Nysewander, Andrew S. Fruchter, D. Alexander Kann, Sylvio Klose, Peter A. Miline, G. Grant Williams, Weikang Zheng, Carl W. Hergenrother

Publications

We report on multiwavelength observations, ranging from X-ray to radio wave bands, of the IPN-localized gamma-ray burst GRB 070125. Spectroscopic observations reveal the presence of absorption lines due to O i,Si ii,and C iv, implying a likely redshift of z ¼1:547. The well-sampled light curves, in particular from 0.5 to 4 days after the burst, suggest a jet break at 3.7 days, corresponding to a jet opening angle of $7.0, and implying an intrinsic GRB energy in the 1Y10,000 keV band of around E ¼(6:3Y6:9) ; 1051 ergs (based on the fluences measured by the gamma-ray de-tectorsof the IPN).GRB070125 is …

Impact Of Haemophilus Influenzae Type B Conjugate Vaccine On Bacterial Meningitis In The Dominican Republic, Ellen H. Lee, Miriam Corcino, Arelis Moore De Peralta, Zacarias Garib, Chabela Peña, Jacquelin Sánchez, Josefina Fernández, Jesús M. Feris-Iglesias, Brendan Flannery

Publications

OBJECTIVES:

Widespread use of Haemophilus influenzae type b (Hib) vaccines has dramatically reduced the burden of Hib disease throughout the Americas. Few studies have evaluated the impact of Hib vaccination on non-culture-confirmed disease. This study analyzed trends in probable bacterial meningitis before and after the introduction of Hib vaccine in the Dominican Republic and estimated vaccine effectiveness against Hib meningitis.

METHODS:

Meningitis cases among children < 5 years of age were identified from admission records of the main pediatric hospital in Santo Domingo during 1998-2004. Laboratory criteria were used to classify meningitis cases with probable bacterial etiology; confirmed cases had positive bacterial culture or antigen detection in cerebrospinal fluid. Cumulative incidence rates of confirmed and probable bacterial meningitis were calculated for children living in the National District. Confirmed cases of Hib meningitis were enrolled in a case-control study with age- and neighborhood-matched control children to calculate vaccine effectiveness.

RESULTS:

Before vaccine introduction, annual rates of meningitis with probable bacterial etiology were 49 cases per 100 000 children < 5 years old; Hib accounted for 60% of confirmed bacterial cases. During 2002-2004, after vaccine introduction, annual rates of probable bacterial meningitis were 65% lower at 16 cases per 100 000, and Hib accounted for 26% of confirmed cases. Rates of Hib meningitis and probable bacterial meningitis with no determined etiology declined by 13 and 17 cases per 100 000, respectively.

CONCLUSIONS:

Introduction of Hib vaccine substantially reduced the incidence of confirmed and probable bacterial meningitis in …

Electron Density And Electron Neutral Collision Frequency In The Ionosphere Using Plasma Impedance Probe Measurement, E. Spencer, S. Patra, T. Andriyas, C. Swenson, J. Ward, A. Barjatya

Publications

Swept Impedance Probe measurements in a sporadic E layer observed during the Sudden Atomic Layer (SAL) sounding rocket mission are analyzed to obtain absolute electron densities and electron neutral collision frequencies accurately. Three sets of upleg and downleg impedance data are selected for the analysis. Initial estimates of the plasma parameters are obtained through a least mean square fit of the measured impedance data against the analytical impedance formula ZB(f ) of Balmain (1969). These initial parameters are used as a starting point to drive a finite difference computational model of an antenna immersed in a plasma called PF-FDTD. The …