Digital Commons Network^™

The Value Of Attending College, Especially Uta, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.

Natsihi Yearbook 1998, Whitworth University

Natsihi Yearbook

No abstract provided.

Tales Of Sexual Panic In The Legal Academy: The Assault On Reverse Incest Suits, Edward Greer

Case Western Reserve Law Review

No abstract provided.

Sentenced For A Crime The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin Priester

Journal Publications

The tension between the two principles set out above is an unresolved dilemma for the United States Supreme Court. On the one hand, not every fact relevant to sentencing a criminal defendant warrants the Constitution's full criminal procedure protections. On the other hand, if those protections apply only to the facts selected by the legislature to determine guilt or innocence, the sentencing proceeding may overwhelm the trial in importance because the sentencing facts will determine the defendant's fate to a far greater extent. Justice Scalia described this tension bluntly: Suppose that a State repealed all of the violent crimes in …

Utah V. Marvin Newell Green : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM AN ORDER DISMISSING COUNTS OF POSSESSION OF COCAINE IN A DRUG FREE ZONE, AN ENHANCED SECOND DEGREE FELONY, AND POSSESSION OF PARAPHERNALIA IN A DRUG FREE ZONE, AN ENHANCED CLASS A MISDEMEANOR, IN THE FOURTH JUDICIAL DISTRICT, THE HONORABLE RAY M. HARDING, PRESIDING

Carla K. Parker V. Dale S. Parker : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM DECREE OF DIVORCE AND ORDERS IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE SANDRA N. PEULER PRESIDING

State Of Utah V. Pam Kay Barrett : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A CONVICTION OF ONE COUNT OF INTENTIONAL OR KNOWING POSSESSION OF METHAMPHETAMINE, A SECONDDEGREE FELONY UNDER UTAH CODE § 58-37-8(2) (1998); FOUR COUNTS OF THIRD-DEGREE FELONY BURGLARY UNDER UTAH CODE ANN. § 76-6-202 (1995) AND TWO COUNTS OF THIRD-DEGREE FELONY UNDER UTAH CODE ANN. § 76-6-404 (1995), IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE JUDGE ROGER S. DUTSON, PRESIDING

Carla K. Parker V. Dale S. Parker : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A DECREE OF DIVORCE AND ORDERS IN THE THIRD JUDICIAL DISTRICT COURT, IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE SANDRA N. PUELER PRESIDING.

Workmen's Auto Insurance Company V. Chubb Customer Center, Inc., Dba Chubb Group Of Insurance Companies : Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

WORKMEN'S AUTO INSURANCE COMPANY'S PETITION FOR REHEARING

APPEAL FROM THE JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE WILLIAM W. BARRETT, PRESIDING

Steven Whited V. Utah Department Of Human Services And The Career Service Review Board: Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A STATE OF UTAH CAREER SERVICE REVIEW BOARD DECISION AND FINAL AGENCY ACTION

Achieving Consensus On Defective Product Design, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

Enforcement And The Evolution Of Cooperation, George W. Downs

Michigan Journal of International Law

The purpose of this article is to broadly characterize the political economy or institutionalist theory of enforcement and to present data that is at least a first step toward evaluating the managerial and transformationalist critiques. The first section will present a short, schematic summary of the role of enforcement as it is currently viewed in the "new institutions" or political economy literature in international relations. While doubtless familiar to many readers, this is an important point of departure. A notable portion of the debate about the role of enforcement continues to stem from differences in terminology and from the fact …

Conceptual, Methodological And Substantive Issues Entwined In Studying Compliance, Harold K. Jacobson

Michigan Journal of International Law

In his insightful introduction to this collection Jose E. Alvarez refers to the popularity of studies of "why nations behave." He explains this popularity as a response to the increasing waves of international regulation that have occurred during the closing years of the twentieth century, regulation that frequently involves issues previously left to nation states. As one who has been a participant over the past decade in an effort to discover answers to the question that Alvarez put so clearly, the author is pleased by the broad interest that the subject has gained and feels privileged to have an opportunity …

Force Without Law: Seeking A Legal Justification For The September 1996 U.S. Military Intervention In Iraq, Gavin A. Symes

Michigan Journal of International Law

This note concludes that none of the various legal arguments offered in support of the September 1996 military intervention against Iraq adequately justifies U.S. actions under international law and that in fact international law was never a real concern in planning, implementing, or even justifying the intervention. Part I relates the general history of the "Kurdish problem" and the particulars of the incident under scrutiny. This Part then goes on to describe the aftermath of the intervention and its failure to achieve any of the stated goals of the United States. Part II addresses the general validity under international law …

Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum

Michigan Journal of International Law

This article identifies particularly significant procedural issues that are arising in WTO dispute resolution and comments on the possible evolutionary paths of the law. This task requires that the article strike a balance between breadth of coverage and depth of coverage. As a result, the article does not aim to provide a complete discussion of all aspects of the WTO dispute resolution system and generally does not discuss issues that have not been addressed by WTO panels. The article does not seek to provide an exhaustive analysis of each issue discussed, and therefore deals briefly with the background under the …

Crack Propagation And Damage Mechanics In Particle-Matrix Composites, Thomas Edwin Archibald

Open Access Master's Theses

A search of the literature has shown that a large number of empirical models exist for predicting the fracture toughness of particle-matrix composites based on their component material properties, but there is a poor understanding of the correlation of these models to the true physical basis for the models. The extent to which variations in fracture toughness can be attributed to factors such as crack deflection, crack-tip bridging, crack-front bowing, and interfacial adhesion, is an important area for new research. The objective of the present work has been to characterize the role of some of these factors by making dynamic …

An Application Of Dynamic Factor Analysis: An Examination Of Smoking Habit Strength Measures, Brett A. Plummer

Open Access Master's Theses

Across smoking cessation studies, a variety of self-report and physiological measures have been used as outcome measures attempting to operationalize the degree of "habit strength " people experience. However, the performance of these different measures has not been adequately assessed longitudinally (Velicer, Rossi, Prochaska, & DiClemente, 1996). Employing time-series data to understand underlying physiological and/or psychological processes is a useful way to study constructs which may fluctuate daily. Although it has been applied in an extremely limited number of settings, dynamic factor analysis is one statistical method which may help to evaluate habit strength measures over time. This study has …

Assessing Predictors Of Smoking Cessation: An Application Of Signal Detection Methodology, Sonya V. Benisovich

Open Access Master's Theses

Cigarette smoking is a leading cause of preventable illness and death in the United States. Yet, when people are able to quit, the negative effects of smoking to their health diminish over time. For this reason, it is important for behavioral scientists to understand the mechanisms which underly smoking cessation. In this study, signal detection analysis was used to determine which baseline characteristics of 602 smokers were best able to discriminate those who had quit smoking from those who had not six and eighteen months later. Variables included in this analysis were chosen based on prior research showing that they …

Land Use Suitability Analysis: An Assessment For The Rhode Island Central Landfill, R. William B. Macdaniel

Open Access Master's Theses

The purpose of this research project was to develop an alternative methodology for the Land Use Suitability Study for the Rhode Island Central Landfill in Johnston, Rhode Island. The alternative methodology involved developing a means to analyze the Central Landfill property that is more in depth than the initial basic overlay analysis used in the 1996 Central Landfill Land Use Suitability Study. The means to accomplish this began with a comparison of this study with other land use studies, and literature related to land use suitability studies. Particular attention was paid to methods of analysis. The intent was to identify …

Land Use Regulation, Takings Legislation, And The Wise Use Movement In Six States, Ronald M. Wolanski

Open Access Master's Theses

This project is the culmination of several months of research and data analysis on the Wise Use movement and takings legislation in six states (Kansas, Maine, Mississippi, Montana, Oregon, and Rhode Island). The aim of the research was to determine the relationship, if any, between the strength of environmental and land use regulation in the states and the prevalence of takings legislation. With a better understanding of the relationship of these factors, legislators, regulators, and planners will be better able address the concerns of constituents. My hypothesis was that the prevalence and strength of takings or property rights legislation is …

Urban Design Study For Downtown Taunton, Massachusetts, Kevin R. Scanlon

Open Access Master's Theses

This project is an urban design study that encompasses the Downtown area of Taunton, Massachusetts. The boundaries for the study area include the Mill River along the western boundary, Washington Street along the north, Pleasant Street, Leonard Street and Fruit Street along the east, and Church Green and Spring Street along the south boundary. Downtown Taunton is a very well defined and preserved city center that is centered on the Taunton Green and possesses a large number of historic structures. In recent years the downtown has suffered from increasing traffic congestion, the slow destruction of the area's historic character as …

Crime Reduction In Low-Income Neighborhoods: A Strategy For Newhallville, New Haven, Connecticut, Jennifer T. Murray

Open Access Master's Theses

This research project focuses on both physical and non-physical approaches to crime reduction in low-income neighborhoods. The perception of crime is a prominent factor in the social and physical deterioration of neighborhoods. When residents feel unsafe in their neighborhood, they lock themselves in their homes or move out of the neighborhood. Perhaps the most tragic outcome is the feeling of powerlessness.

Crime reduction strategies, both physical and non-physical, have the ability to restore residents’ sense of power and control over crime. Physical strategies such as increased lighting and creating mini-neighborhoods, provide a community with a sense of control over the …

An Assessment Of Underground Storage Tanks At Massachusetts' Public Use Airports, Scott C. Macleod

Open Access Master's Theses

No abstract provided.

Subspace Processing Of Weak Signals Masked By Underwater Reverberation Due To Active Sonar, Robert Bruce Macleod

Open Access Dissertations

No abstract provided.

Evaluation Of Darcian Continuum Precepts For Describing Ground-Water Flow In A Fractured-Bedrock Aquifer, Scott Charles Michaud

Open Access Master's Theses

Quantitative description of ground-water flow in fractured-rock aquifers is difficult because flow may be non-Darcian and hydrologic parameters are scale dependent. Due to its relative efficiency, the application of a continuum, or equivalent porous medium (EPM) approach to describing flow is desired wherever it can be deemed appropriate. The suitability of imposing such conditions on a ground-water flow model of a prototype fractured-bedrock island aquifer in Narragansett Bay, Rhode Island was investigated following favorable analysis of long-term drawdown data suggestive of Darcian ground-water flow.

A borehole geophysical investigation of the island's municipal production well is corroborative, suggesting that ground-water flow …

Infrared Diode Laser Spectrometer For The Study Of Jet Cooled Gases, Anthony Bednar, Eric Barnett, Candace Lindsay, Trey Heath, Philip Williams, Mark Draganjac, Scott W. Reeve

Journal of the Arkansas Academy of Science

We have constructed a tunable, high resolution, infrared diode laser spectrometer and combined it with a pulsed supersonic jet expansion. A modified version of the Perry multipass cell has been incorporated into the spectrometer to increase the effective absorption path length. Performance capabilities of the spectrometer are evaluated by examining ro-vibrational spectra for the carbon monoxide molecule in the five micron region of the infrared. From these measurements, an instrumental absorption sensitivity is determined. Finally, since one of our immediate goals is the infrared study of jet cooled transition metal carbonyls, we present high resolution data obtained by entraining the …

82nd Annual Meeting, 1998. Secretary's Report And Financial Statement, Academy Editors

Journal of the Arkansas Academy of Science

No abstract provided.

Journal Of The Arkansas Academy Of Science - Volume 52 1998, Academy Editors

Journal of the Arkansas Academy of Science

No abstract provided.

In-Stream Monitoring Of Sediments And Water In The Lower Ouachita River For Site Impact To Aquatic Biota, Jerry L. Farris, J. T. Knight, C. D. Milam, F. Buzen, J. F. Nix

Journal of the Arkansas Academy of Science

Reported reduced sportfish densities in the main channel of the Ouachita River prompted an investigation, beginning in 1990, into potential causes of ongoing impairment to aquatic biota. In-stream monitoring that incorporated toxicity testing of sediments and water was conducted to discern potential sources of contaminants that might be related to the suboptimal fishery populations. Organisms selected to evaluate chronic impairment included larval fish, clams, midges and water fleas. The fathead minnow {Pimephales promelas) and cladoceran (Ceriodaphnia dubid) were used to estimate patterns of toxicity associated with water from seven designated reaches and selected tributaries of the Ouachita River. Larval survival …

Description Of The Sections And Subsections Of The Interior Highlands Of Arkansas And Oklahoma, Thomas L. Foti, George A. Bukenhofer

Journal of the Arkansas Academy of Science

Sections and subsections of the Interior Highlands of Arkansas and Oklahoma are redefined, mapped and briefly summarized. The map was produced to support the Ozark- Ouachita Highlands Assessment (OOHA), being conducted by the USDA Forest Service. It revises the USDA Forest Service map "Ecological units of the eastern United States, first approximation" by Keys et al. (1995) and the earlier maps of the natural divisions of Arkansas (Foti, 1974; Foti, 1976; Pell, 1983) to reflect new knowledge and to achieve consistency with units recognized in Missouri. Four sections (natural divisions) are defined as opposed to the three of the previous …