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1997

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William J. Brennan, Jr., American – In Memoriam, Gerard E. Lynch Jan 1997

William J. Brennan, Jr., American – In Memoriam, Gerard E. Lynch

Faculty Scholarship

At Justice Brennan's funeral, President Clinton spoke of the justice's enormous impact on our country's law-thirty-four years on the Supreme Court, over 1300 opinions authored, many of them landmarks: Baker v. Carr, opening the way to one person, one vote; Craig v. Boren, wielding the Equal Protection Clause to strike down discrimination on the basis of sex; Goldberg v. Kelly, insisting on the right of the poorest citizens of the administrative state to be heard in the face of an arbitrary bureaucracy; New York Times Co. v. Sullivan, articulating the modem rationale for a free press; …


The Hawaiian Cave Planthoppers (Homoptera: Fulgoroidea: Cixiidae) - A Model For Rapid Subterranean Speciation?, Hannelore Hoch Jan 1997

The Hawaiian Cave Planthoppers (Homoptera: Fulgoroidea: Cixiidae) - A Model For Rapid Subterranean Speciation?, Hannelore Hoch

International Journal of Speleology

After the successful colonization of a single ancestral species in the Hawaiian Islands, planthoppers of the cixiid genus Oliarus underwent intensive adaptive radiation resulting in 80 described endemic species. Oliarus habitats range from montaneous rain forests to dry coastal biotopes and subterranean environments. At least 7 independant evolutionary lines represented by different species have adapted to lava tubes on Molokai (1), Maui (3), and Hawaii Island (3). Behavioral and morphological studies on one of these evolutionary lines on Hawaii Island, the blind, flight- and pigmentless Oliarus polyphentus have provided evidence for reproductive isolation between allopatric populations which may in fact …


Ecomorphology Of Peromyscus In Iowa, Frederick Dramani Biga Jan 1997

Ecomorphology Of Peromyscus In Iowa, Frederick Dramani Biga

Dissertations and Theses @ UNI

Deer mice (Peromyscus maniculatus bairdii) and white-footed mice (Peromyscus /eucopus noveboracensis) were collected from weedy and prairie habitats of Black Hawk County, and white-footed mice were collected from forested areas of Hardin County, Iowa. Twenty-three external and cranial characters were measured from 125 deer mice and 72 white-footed mice. Analysis of means by t-tests showed significant sexual dimorphism in deer mice in four cranial characters; palatine width at 3rd molar, width of foramen magnum, width of 3rd molar, and width of the incisor. Sexual dimorphism was also found in white-footed mice in three external and one cranial character: total length, …


Presidential Rulemaking, Peter L. Strauss Jan 1997

Presidential Rulemaking, Peter L. Strauss

Faculty Scholarship

One of the prominent issues during the 1992 presidential campaign was abortion, in particular the federal government's role in financing counseling activities that might promote it. In the Bush Administration, the Department of Health and Human Services had adopted a controversial regulation to withhold federal funds from any family planning or other medical service that included counseling about abortion in its activities; the Clinton campaign promised to rescind that regulation if Clinton were elected President. Shortly after his election, in a prominent White House ceremony, President Clinton announced that he had directed the rescission of the prior rule and the …


Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider Jan 1997

Making Sausage: The Ninth Circuit's Opinion, Carl E. Schneider

Articles

As I write, the Supreme Court has just agreed to hear Compassion in Dying v. Washington and Quill v. Vacco, the two cases in which United States circuit courts of appeals held that a state may not constitutionally prohibit physicians from helping a terminally ill person who wishes to commit suicide to do so. These cases have already received lavish comment and criticism, and no doubt the Supreme Court's opinion will garner even more. Reasonably enough, most of this analysis addresses the merits of physician-assisted suicide as social policy. I, here, want to talk about how setting bioethical policy …


Charlotte Dacre’S Zofloya: A Case Study In Miscegenation As Racial And Sexual Nausea, Diane Hoeveler Jan 1997

Charlotte Dacre’S Zofloya: A Case Study In Miscegenation As Racial And Sexual Nausea, Diane Hoeveler

English Faculty Research and Publications

when she was 24 years old (or so she claimed) and the beautiful toast of London literary circles. Her first novel. The Confessions of the Nun of St. Omer, was written when she was eighteen (or 28, depending on what biographical source one credits) and in the grip of an infatuation with the excessive gothicism of Lewis' The Monk} Dacre's novels by 1809 were ridiculed as "lovely ROSA's prose" by Byron, who went on to mock the novels as "prose in masquerade/Whose strains, the faithful echoes of her mind,/Leave wondering comprehension far behind" (English Bards and Scotch Reviewers, 756-58). Despite …


Distribution Of Free Marine Viruses Of Lower Chesapeake Bay And Their Effects On Life-History Parameters Of The Estuarine Copepod Acartia Tonsa Dana, Lisa A. Drake Jan 1997

Distribution Of Free Marine Viruses Of Lower Chesapeake Bay And Their Effects On Life-History Parameters Of The Estuarine Copepod Acartia Tonsa Dana, Lisa A. Drake

OES Theses and Dissertations

Naturally occurring viruses are very abundant in fresh, estuarine, and marine waters, with densities on the order of 105-108 viruses ml-1. Research has focused on virus effects on bacteria, cyanobacteria, and phytoplankton, as well as mechanisms of virus production and decay. However, little is known about the distribution of viruses in benthic environments or virus effects on organisms in higher trophic levels.

To determine the distribution of virus-like particles (VLPs) and bacteria in the lower Chesapeake Bay, vertical profiles of VLPs and bacteria were determined through the water column and 15-25 cm into the sediment …


Modeling Plankton Community Structure Under Environmental Forcing On The Southeastern United States Continental Shelf, Andrew Glenn Edward Haskell Jan 1997

Modeling Plankton Community Structure Under Environmental Forcing On The Southeastern United States Continental Shelf, Andrew Glenn Edward Haskell

OES Theses and Dissertations

A system of coupled ordinary differential equations was developed to investigate the time-dependent behavior of phytoplankton, copepod, and doliolid populations associated with upwelling features on the outer southeastern U.S. continental shelf. Model equations describe the interactions of nitrate, ammonium, two phytoplankton size fractions, five copepod developmental stages, doliolids, and a detrital pool. Model dynamics are based primarily upon data obtained from field and laboratory experiments made for southeastern U.S. continental shelf plankton populations. Numerous simulations were performed to investigate the effects of environmental variability on the temporal distribution of the structure of resident plankton populations. Variations on a reference simulation, …


Fuzzy Logic: An Analysis Of Logical Connectives And Their Characterizations, John F. Hamman Jan 1997

Fuzzy Logic: An Analysis Of Logical Connectives And Their Characterizations, John F. Hamman

Dissertations and Theses @ UNI

The focus of this thesis is to determine exactly which functions serve as appropriate fuzzy negation, conjunction and disjunction functions. To this end, the first chapter serves as motivation for why fuzzy logic is needed, and includes an original demonstration of the inadequacy of many valued logics to resolve the sorites paradox. Chapter 2 serves as an introduction to fuzzy sets and logic. The canonical fuzzy set of tall men is examined as a motivating example, and the chapter concludes with a discussion of membership functions.

Four desirable conditions of the negation function are given in Chapter 3, but it …


Choline Acetyltransferase And Carnitine Acetyltransferase Activity In Human Spermatozoa During Capacitation, Lisa A. Eccles Jan 1997

Choline Acetyltransferase And Carnitine Acetyltransferase Activity In Human Spermatozoa During Capacitation, Lisa A. Eccles

Theses and Dissertations in Biomedical Sciences

The regional distribution of ChAT activity in human spermatozoa is altered during in vitro capacitation and it correlates with the fertilizing potential of sperm.

Regional immunoreactivity in human spermatozoa as assessed by fluorescent immunocytochemistry was compared with ChAT and CaAT activity determined by enzymatic methodologies. Increasing proportions of sperm exhibited ChAT immunoreactivity along the equatorial region with a concomitant decrease in ChAT reactivity in the midpiece. Also, competitive studies with unlabeled ChAT blocked the equatorial region labeling; the unlabeled CaAT blocked staining along the midpiece region of the tail, suggesting some cross-reactivity of the ChAT antiserum with the CaAT enzyme. …


Arterial Wall Hypertrophy And Pdgf-A Expression In One-Kidney, One-Clip Hypertension And Angiotensin Ii Infusion Are Mediated By Elevated Arterial Pressure, Sheri Blair Parker Jan 1997

Arterial Wall Hypertrophy And Pdgf-A Expression In One-Kidney, One-Clip Hypertension And Angiotensin Ii Infusion Are Mediated By Elevated Arterial Pressure, Sheri Blair Parker

Theses and Dissertations in Biomedical Sciences

These studies were designed to characterize the relative roles of angiotensin II (ANG II) and pressure in the structural alterations that occur in experimental hypertension. Two separate studies were performed in order to differentiate these two mechanisms. First, male Wistar rats were subjected to one-kidney, one-clip (1K1C) hypertension or sham operation. Losartan, an AT1 receptor antagonist, was administered chronically to half of each surgical group beginning one day before the operation and continued until the end of the study. In a second experiment, rats were implanted with osmopumps delivering either ANG II or saline. To maintain pressure in the normotensive …


Using Technology In The Management And Trial Of Complex Cases, Fred Misko Jr., Charles E. Ames Jan 1997

Using Technology In The Management And Trial Of Complex Cases, Fred Misko Jr., Charles E. Ames

Computer Law Review and Technology Journal

As modem society became more technologically advanced, complex tort and mass disaster litigation was sure to follow suit. Over the last twenty years, cases involving post-industrial products such as breast implants, heart valves, pesticides, Agent Orange, Bendectin, lead, and asbestos, as well as single-event mass disasters such as Bhopal and PanAm Flight 103, brought increasingly large numbers of individuals claiming serious injuries before the courts. The legal community has recently begun to focus on the impact that this complex litigation has on the practice of law and the administrative capabilities of the judicial system. Gone are the days when a …


What Law Is Like, George P. Fletcher Jan 1997

What Law Is Like, George P. Fletcher

Faculty Scholarship

It is not easy to do philosophy in the tradition of Wittgenstein and Malcolm. The human mind gravitates toward authority – the Bible, great teachers, poets, gurus, even judges. Lawyers, in particular, are captives of authoritive constitutions, statutes, cases, and ruling doctrines. We cannot make a move without citing a source as a backup.

Perhaps this is the way it should be, for as lawyers or legal theorists, we speak in a particular legal culture and tradition. We cultivate that tradition, even as we dissent and subject it to criticism. The tradition is defined by the authorities that have shaped …


Interpretation And Judgment, Kent Greenawalt Jan 1997

Interpretation And Judgment, Kent Greenawalt

Faculty Scholarship

The major conclusions in Georgia Warnke's illuminating Essay, Law, Hermeneutics, and Public Debate are persuasive, but some that appear almost self-evident instead rest on controversial evaluative judgments. Many of my comments deal with these complexities, drawing from her book on interpretation and political theory as well as her Essay. Other remarks develop subjects Warnke barely touches. My thoughts are, thus, some combination of clarification, supplementation, and disagreement.

My initial effort is to refine in just what senses interpretations of texts, social practices, and legal rules must speak to our concerns. I next explore how interpretations of legal texts that are …


Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt Jan 1997

Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt

Faculty Scholarship

This essay addresses two problems in legal theory. What is the nature of rules, especially legal rules? What is the meaning of a legal rule?

My main concern is the relation between these two questions. I inquire whether a sensible view of how rules work commits one to any particular approach to meaning. For this inquiry, I focus on Frederick Schauer's illuminating treatment of rules in Playing by the Rules, which he says is linked to a particular view of meaning. I assert that the linkage is much less tight than he supposes, and that competing theories about meaning are …


The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky Jan 1997

The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky

Articles

No abstract provided.


Factors Affecting The Recruitment Of Juvenile Caribbean Spiny Lobsters Dwelling In Macroalgae, Mark J. Butler Iv, William F. Herrnkind, John H. Hunt Jan 1997

Factors Affecting The Recruitment Of Juvenile Caribbean Spiny Lobsters Dwelling In Macroalgae, Mark J. Butler Iv, William F. Herrnkind, John H. Hunt

Biological Sciences Faculty Publications

In south Florida, Caribbean spiny lobsters (Panulirus argus) settle and spend their first few months in macroalgae or seagrass. After a few months, these ''algal-phase'' juveniles emerge from vegetation and, as ''postalgal-phase'' juveniles, seek refuge in crevices, often dwelling in groups. The importance of crevice shelters in determining the abundance of postalgal-phase juvenile spiny lobsters has been studied but we know little about the processes affecting lobster distribution and survival during their cryptic algal-dwelling phase. We found that postlarval supply varied independently of changes in the structure of macroalgal settlement habitat. For this reason, postlarval supply alone can not reliably …


Small-Scale Settlement Patterns Of The Oyster Crassostrea Virginica On A Constructed Intertidal Reef, Ian K. Bartol, Roger Mann Jan 1997

Small-Scale Settlement Patterns Of The Oyster Crassostrea Virginica On A Constructed Intertidal Reef, Ian K. Bartol, Roger Mann

Biological Sciences Faculty Publications

The construction of three-dimensional, intertidal reefs resembling those widely present during colonial times in the Chesapeake Bay, but now absent due to years of overharvesting, may provide a more ecologically advantageous environment for oyster settlement and subsequent survival than present subtidal, two-dimensional habitats. We examined settlement processes on a constructed, 210 x 30 m intertidal reef composed of oyster shell. The reef was destructively and non-destructively sampled weekly throughout the summer and fall at tidal heights ranging from 30 cm above to 90 cm below mean low water (MLW) and at two substrate levels (reef surface and 10 cm below …


Differential Endometrial Responses Of Primates Vs Rodents: Screening For Antiproliferative Effects Of Antiprogestins, David Williams Burleigh Jan 1997

Differential Endometrial Responses Of Primates Vs Rodents: Screening For Antiproliferative Effects Of Antiprogestins, David Williams Burleigh

Theses and Dissertations in Biomedical Sciences

The antiprogestin, mifepristone, has previously been shown to noncompetitively inhibit estrogen-induced endometrial proliferation in nonhuman primates (van Uem et al., 1989; Wolf et al., 1989b; Neulen et al., 1990; Neulen et al., 1996). For both economical and ethical reasons, we are encouraged to identify comparative laboratory rodent models which can substitute the need to use primate models. In the following study, we compared capabilities of the rat uterine weight bioassay versus a primate uterine bioassay, to identify the noncompetitive antiestrogenic/antiproliferative effects of mifepristone.

Long-term ovariectomized monkeys were exposed to exogenous 17β-estradiol (E2) and mifepristone in doses and regimes already demonstrated …


Hoarfrost, Mae Lynn Wallker Jan 1997

Hoarfrost, Mae Lynn Wallker

English Theses & Dissertations

Many of the poems in this collection reflect an engagement with an inherited literary tradition of ancient Greek, Latin, and Hebraic mythologies. The first section, entitled "Flint," deals with the ancient text of the Bible and with biblical and religious landscapes. The second section, "'The Seven," based on Aeschylus' The Seven Against Thebes, explores the possibilities of the reinterpretation and elaboration of an ancient story in a contemporary context. While "The Seven" literally refers to the seven gates at Thebes, the number is random, and does in fact represent an infinite number of stories. The penultimate section, "Hoarfrost," explores the …


The Extremely Funny Gun Salesman, Luis López-Nieves Jan 1997

The Extremely Funny Gun Salesman, Luis López-Nieves

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.


Density Of Coincidence, Sebastian Lockwood Jan 1997

Density Of Coincidence, Sebastian Lockwood

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.


Learning, Working, Managing, Sharing: The New Paradigm Of The Learning Organization, Barry Sugarman Jan 1997

Learning, Working, Managing, Sharing: The New Paradigm Of The Learning Organization, Barry Sugarman

Journal of Pedagogy, Pluralism, and Practice

This essay examines the idea of the "Learning Organization" and some implications of its challenge to the long-dominant "Bureaucratic" paradigm. The central thesis of the L.O. paradigm holds (1) that a key success factor for any organization in the age of global competition is its ability to innovate continuously, appropriately, and faster than its rivals., and (2) that that can only happen through releasing the untapped capabilities of all its employees. Hence the key to successful organizations lies not in the areas of better control by managers but in the areas of better learning by all workers (including managers) -- …


Response Of Otolith Microchemistry To Environmental Variations Experienced By Larval And Juvenile Atlantic Croaker (Micropogonias Undulatus), Simon R. Thorrold, Cynthia M. Jones, Steven E. Campana Jan 1997

Response Of Otolith Microchemistry To Environmental Variations Experienced By Larval And Juvenile Atlantic Croaker (Micropogonias Undulatus), Simon R. Thorrold, Cynthia M. Jones, Steven E. Campana

OES Faculty Publications

Minor and trace elements incorporated into otoliths during growth may permanently record environmental conditions experienced by fishes. To determine the validity of this approach, we used laser ablation inductively coupled plasma mass spectrometry (LA-ICPMS) to assay sectioned otoliths from juvenile Atlantic croaker (Micropogonias undulatus) collected from each of three sites in the Neuse River, North Carolina, and the Elizabeth River, Virginia. Elemental concentrations at the center of the otoliths did not differ between locations, although both Mg : Ca and Ba : Ca were significantly higher at the edge of otoliths from the Neuse River than from the …


Trypanosoma Cruzi: Recombinant Antigen Studies Of Immune Responses In Infected Mice, Todd Alan Minning Jan 1997

Trypanosoma Cruzi: Recombinant Antigen Studies Of Immune Responses In Infected Mice, Todd Alan Minning

All-Inclusive List of Electronic Theses and Dissertations

A cDNA library from in vitro culture forms including metacyclic trypomastigote stages of Trypanosoma cruzi (Tulahuén) was prepared in a γgt 11 vector. The library was screened using serum from a rabbit immunized with irradiated metacyclic stages of T. cruzi to detect clones which produced β-galactosidase fusion proteins bearing epitopes recognized by the metacyclic-specific antiserum. Eleven recombinant bacteriophage clones were excised in vitro , yielding 11 bacterial clones containing recombinant phagemids. Recombinant antigens corresponding to native T. cruzi antigens of 48, 102, and 158 kDa were prepared in Escherichia coli . These recombinant antigens detected parasite specific antibodies in the …