Digital Commons Network^™

African American Student Code-Switching In Freshman English Composition, Melanie A. Lewis

Master's Theses

Digitized thesis

Health Care For The Elderly: A Hermeneutic Study Of The Role Of Culture And Tradition, H Lewis Long

Master's Theses

Digitized thesis

An Exploration Of The Growth Of Moral Judgment In Eighth Grade Students Through Process Drama, Michael Mccambridge

Master's Theses

Digitized thesis

International Student Reflections On Issues Of Discrimination At U.S. Colleges And Universities: A Participatory Study, Daniel C. Mackeben

Master's Theses

Digitized thesis

Spitting In A Judge's Face: The 8th Circuit's Treatment Of Rule 37 Dismissal And Default Discovery Sanctions, Stephen R. Bough

South Dakota Law Review

No abstract provided.

Bankruptcy Fraud: Crime And Punishment, Craig Peyton Gaumer

South Dakota Law Review

No abstract provided.

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Gatekeeping Or Industry Safekeeping, Janine M. Kern, Scott R. Swier

South Dakota Law Review

No abstract provided.

Gleason V. Peters: An Application Of The Public Duty Rule As A Judicial Resurrection Of Sovereign Immunity, Suzanne M. Dardis

South Dakota Law Review

No abstract provided.

The Application Of Learning Organisation Theory To The Management Of Change : With Reference To The Engineering Sector, Penelope Ann Gardiner

Plymouth Business School Theses

Recent contributions to the literature on organisations have emphasised the need for constant adaptation to keep pace with the accelerating rate of environmental change. The learning organisation is proposed as one of the most effective means of achieving succesful adaptation through a central focus on learning. This thesis examines the development of the .ideas which have led to the concept of the learning organisation and the application of this concept to the management of change. A number of reasons are proposed for the current adoption of learning organisation theory, these include the restructuring and downsizing of organisations, new Human Resource …

A Study Of Heat-Seal Strength In The Presence Of Edible Oil Surface Contamination Of Ethylene-Methacrylic Acid Copolymer Films, David Britt

Theses

Packages made from flexible film often use a heat-sealing process to ensure closure. The process involves joining two surfaces of film with heat and pressure across a period of time. Heat-seal problems arise when another substance partially obstructs the film-to-film contact. This substance acts as a surface contaminant. In packaging operations, the product being packaged is often the source of contamination in the sealing process. Testing heat-seal strength is a primary method for evaluating seal performance of flexible film. Test procedures require contaminant-free film samples to maintain accuracy and precision in results. This study altered the test method to explore …

Comparison Of 60# White Converter Kraft To 60# White Velumina Kraft For Use In Multi-Wall Paper Bags, Brenda Eavey

Theses

This study was designed to analyze the change from 60# Gilman white converter kraft to 60# Georgia-Pacific white Velumina kraft on the outer ply of multi-wall paper bags. Logisitical issues were driving the change but Good Manufacturing Practices had to be observed as the bags were being used for Food and Drug Administration registered medicated animal feed products. The papers were tested for physical strength and print quality. Results showed that the 60# Georgia-Pacific white Velumina kraft was equal to the 60# Gilman white converter kraft in physical strength and slightly better in print quality. Both papers met the performance …

1998 January, Office Of Communications & Marketing, Morehead State University.

Morehead State Press Release Archive, 1961 to the Present

Morehead State University press releases for January of 1998.

Age, Growth, And Mortality Of Black Drum, Pogonias Cromis, In The Chesapeake Bay Region, Cynthia M. Jones, Brian Wells

OES Faculty Publications

We used otolith ageing to describe the population dynamics of black drum, Pogonias cromis, collected over a three-year period from the Chesapeake Bay region's commercial and recreational fisheries. Black drum average age, total length, and weight were 26 years, 109.5 cm, and 22.1 kg respectively. The oldest fish was 59 years and fish older than 50 years were present in the catch from 1990 to 1992. Growth in length slowed by age 20, whereas growth in weight did not slow until age 45. A von Bertalanffy growth function was fitted to our data (L(infinity) = 117.3 cm, …

The Biogeochemical Cycling Of Dissolved Organic Nitrogen In Estuarine Sediments, David J. Burdige, Shilong Zheng

OES Faculty Publications

Benthic fluxes and pore-water profiles of dissolved organic nitrogen and carbon (DON and DOC, respectively) were determined in seasonal studies at contrasting sites in Chesapeake Bay. Pore-water dissolved organic matter (DOM) concentrations were elevated over bottom-water values, generally increased with depth, and ranged from 15 to similar to 160 μM for DON and ~200-2000 μM for DOC. Pore-water DOM concentrations and the C:N ratio of this material showed spatial (depth) and temporal changes that varied among the sites studied. These trends appeared to be related to differences in the types of sediment organic matter (SOM) undergoing remineralization, as well as …

Lead Isotopes And Selected Metals In Ice From Law Dome, Antarctica, K. J. R. Rosman, W. Chisholm, C. F. Boutron, S. Hong, R. Edwards, Vin Morgan, Peter N. Sedwick

OES Faculty Publications

The isotopic composition. of Pb and the concentrations of Pb, Ba and Bi were measured in selected ice-core samples from Law Dome, East Antarctica, to a depth of 1196 m. The range of concentrations found in decontaminated ice was 0.03-1.5 pg g^-1 for Pb, 0.9-6.1 pg g^-1 for Ba and 0.4-17 fg g^-1 for Bi, excluding the deepest sample which contained ∼1 ppm of rock dust. The abundances of all four stable lead isotopes were measured and gave ²⁰⁶Pb/²⁰⁷Pb ratios ≤ ∼1.23. A value of ²⁰⁸Pb/²⁰⁷Pb = 2.78 was measured in …

Some Effectual Power: The Quantity And Quality Of Decisionmaking Required Of Article Iii Courts, James S. Liebman, William F. Ryan

Faculty Scholarship

Did the Framers attempt to establish an effectual power in the national judiciary to void state law that is contrary tofederal law, yet permit Congress to decide whether or not to confer federal jurisdiction over cases arising under federal law? Does the Constitution, then, authorize its own destruction? This Article answers "yes" to the first question, and "no" to the second. Based on a new study of the meticulously negotiated compromises that produced the texts of Article HI and the Supremacy Clause, and a new synthesis of several classic Federal Courts cases, the Article shows that, by self-conscious constitutional design, …

Antisuit Injunctions And Preclusion Against Absent Nonresident Class Members, Henry Paul Monaghan

Faculty Scholarship

In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigation today, namely, the extent to which a trial court's class judgment can bind – either by preclusion or injunction – unnamed nonresident class members, thus preventing them from raising due process challenges to the judgment in another court. After placing the antisuit injunction and preclusion issues in the context of recent class action and related developments, Professor Monaghan discusses the Supreme Court's 1985 decision in Phillips Petroleum Co. v. Shutts and its applicability to these issues. In particular, Professor Monaghan criticizes reading Shutts' "implied …

Realization As Subsidy, David M. Schizer

Faculty Scholarship

Perhaps no concept in tax law is so well established, and yet so widely criticized, as realization, the rule that defers tax on appreciated property until it is sold. In this Article, Professor Schizer offers a new justification for realization: It is a subsidy for savings. The recent reduction in the capital gains tax rate suggests that Congress wants such a subsidy, the author observes. He then argues that realization has a significant advantage as a subsidy. It is credible, in that taxpayers expect it to strvive long enough for them to collect it This is important, Professor Schizer then …

Dogmas Of The Model Penal Code, George P. Fletcher

Faculty Scholarship

The Model Penal Code has become the central document of American criminal justice. It has had some effect on law reform in over 35 states. More significantly, it provides the lingua franca of most people who teach criminal law in the United States. Most academics think that the precise definitions of culpability states in section 2.02(2) are really neat, and they applaud the liberal rules that restrict the use of strict liability to administrative fines. Indeed, all things considered, for a code drafted with almost total indifference to what might be learned from European models, the Model Penal Code is …

Searching For Periodic Sources With Ligo, Patrick R. Brady, Teviet Creighton, Curt Cutler, Bernard F. Schutz

Physics & Astronomy Faculty Publications

We investigate the computational requirements for all-sky, all-frequency searches for gravitational waves from spinning neutron stars, using archived data from interferometric gravitational wave detectors such as LIGO. These sources are expected to be weak, so the optimal strategy involves coherent accumulaton of signal-to-noise using Fourier transforms of long stretches of data (months to years). Earth-motion-induced Doppler shifts, and intrinsic pulsar spindown, will reduce the narrow-band signal-to-noise by spreading power across many frequency bins; therefore, it is necessary to correct for these effects before performing the Fourier transform. The corrections can be implemented by a parametrized model, in which one does …

Hierarchical Search Strategy For The Detection Of Gravitational Waves From Coalescing Binaries: Extension To Post-Newtonian Waveforms, Soumya Mohanty

Physics & Astronomy Faculty Publications

The detection of gravitational waves from coalescing compact binaries would be a computationally intensive process if a single bank of template wave forms (one step search) is used. In an earlier paper we presented a detection strategy, called a two step search, that utilizes a hierarchy of template banks. It was shown that in the simple case of a family of Newtonian signals, an on-line two step search was ≃8 times faster than an on-line one step search (for the initial LIGO). In this paper we extend the two step search to the more realistic case of …

Ab Initio Single- And Multiple-Scattering Exafs Debye-Waller Factors: Raman And Infrared Data, Nicholas Dimakis, Grant Bunker

Physics & Astronomy Faculty Publications

The extended x-ray-absorption fine structure (EXAFS) Debye-Waller factor is an essential term appearing in the EXAFS equation that accounts for the molecular structural and thermal disorder of a sample. Single- and multiple-scattering Debye-Waller factors must be known accurately to obtain quantitative agreement between theory and experiment. Since the total number of fitting parameters that can be varied is limited in general, data cannot support fitting of all relevant multiple-scattering Debye-Waller factors. Calculation of the Debye-Waller factors is typically done using the correlated Debye approximation, where a single parameter (Debye temperature) is varied. However, this procedure cannot account in general for …

A Data Analysis Approach For Detecting Gravitational Waves From Psr 0437-4715, Soumya Mohanty, I. S. Heng, David Blair, S. Dhurandhar, M. Tovar, E. Ivanov

Physics & Astronomy Faculty Publications

A search for gravitational waves from the millisecond pulsar PSR 0437-4715 has been initiated using the bar detector NIOBE which is located at the University of Western Australia. We present a detailed report on the data analysis algorithm, called phase plane rotation, which will be used in this search. A discussion of the actual implementation of the algorithm is presented. The data analysis algorithm mentioned above has the advantage that it requires minimal changes to the already-existing data acquisition facility of NIOBE but, at the same time, it is as efficient as optimal filtering in detecting a signal. This …

Class Action Litigation In China, Benjamin L. Liebman

Faculty Scholarship

Class struggle has moved to China's courtrooms. Since the passage of China's 1991 Civil Procedure Law (CPL), which explicitly permits class action litigation, multiplaintiff groups have brought suits seeking compensation for harm caused by pollution, false advertising, contract violations, and securities law violations. Although administrative bodies continue to resolve most disputes in China, the increasing prevalence of class actions is one aspect of an explosion in civil litigation over the past decade. Class action litigation has the potential to alter the role courts play in adjudicating disputes, increase access to the courts, and facilitate the independence of the legal profession. …

Marriage As Relational Contract, Elizabeth S. Scott, Robert E. Scott

Faculty Scholarship

The evolution of marriage from a relationship based on status to one that is regulated by contractual norms achieved a milestone of sorts recently with the enactment of the Louisiana Covenant Marriage Act. Under this statute, couples entering marriage can choose to have the termination of their relationship regulated under conventional no-fault divorce rules, or they can voluntarily undertake a greater commitment to their marriage. For couples who select covenant marriage, either party can terminate the relationship on fault grounds, but unilateral termination of the marriage is available only after a substantial waiting period. The principal impact of the statute …

Hands Off! Civil Court Involvement In Conflicts Over Religious Property, Kent Greenawalt

Faculty Scholarship

In this Article, Professor Kent Greenawalt explores how civil courts can constitutionally resolve conflicts over religious property. Although the practical and theoretical significance of this part of First Amendment law has often been overlooked, issues concerning church property continue to raise difficulties for both the courts charged with their resolution and the church members who wish to avoid the courts' intervention entirely. This Article argues that the general approach of noninvolvement that the Supreme Court has advocated in this area is consonant with broader themes in religion clause adjudication. Within this more general approach, Professor Greenawalt considers the two alternative …

The Great Transformation Of Regulated Industries Law, Joseph D. Kearney, Thomas W. Merrill

Faculty Scholarship

The nation's approach to regulating its transportation, telecommunications, and energy industries has undergone a great transformation in the last quarter-century. The original paradigm of regulation, which was established with the Interstate Commerce Act's regulation of railroads beginning in 1887, was characterized by legislative creation of an administrative agency charged with general regulatory oversight of particular industries. This approach did not depend on whether the regulated industry was naturally competitive or was a natural monopoly, and it was designed to advance accepted goals of reliability and, in particular, non-discrimination. By contrast, under the new paradigm, which is manifested most clearly in …

Federal Criminal Law, Congressional Delegation, And Enforcement Discretion, Daniel Richman

Faculty Scholarship

Much of the literature on federal criminal law bemoans the extent to which Congress has abdicated its legislative responsibilities and left enforcement decisions to prosecutorial discretion. Many critics have sought to compensate for the absence of appropriate legislative specificity by proposing other devices for limiting prosecutorial power, many of which would centralize enforcer authority. Guided by recent work in positive political theory, Professor Daniel Richman argues that such claims of legislative abdication overlook the attention that Congress has given to the organization and activities of the federal enforcement bureaucracy. By showing the extent to which Congress balances concern with enforcer …

Toward A Principled Interpretation Of The Commerce Clause, Thomas W. Merrill

Faculty Scholarship

Formalism is the jurisprudence of rules. Functionalism is the jurisprudence of balancing tests. If forced to choose between formalism and functionalism, I would probably come down on the side of formalism. I would not do so, however, because there is some meta-rule that prescribes formalism. Rather, it would be because formalism, on balance, has better consequences than functionalism – in other words, because there are good functionalist reasons to be a formalist.

Where I part company with many constitutional formalists is not so much over the desirability of rules as opposed to ad hoc balancingbut rather over the generality and …

Putting Sex To Work, Katherine M. Franke

Faculty Scholarship

When I was living in New Haven a number of years ago, a miracle happened that drew people by the thousands to witness evidence of the Divine. A crucifix had been found to appear in the body of an oak tree in the middle of Worchester Square. I went – after all, how often do you get to see that kind of thing? Not surprisingly, at first I couldn't see anything but the usual trunk and limbs of a tree. Yet a believer took the time to show me what was really there, something that my untrained eye could not …