Digital Commons Network^™

Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness

Law Faculty Scholarly Articles

When strict products liability first appeared on the scene some thirty-five years ago, it was heralded as a boon to consumers whose claims to compensation had hitherto been frustrated by the law of sales. Warranty law, it was said, worked fairly well in purely "commercial" transactions, but tort law did a better job in cases where ordinary consumers suffered personal injuries or property damage from defective products. To be sure, defenders of warranty law pointed out that the newly-drafted Uniform Commercial Code (the "Code" or "U.C.C.") was much more consumer friendly than the old Uniform Sales Act. Nevertheless, the proponents …

Inclusive Chemical Characterization Of Tourmaline: Mossbauer Study Of Fe Valence And Site Occupancy, M D. Dyar, M E. Taylor, Tim Lutz, C A. Francis, C V. Guidotti, M Wise

Earth & Space Sciences Faculty Publications

We report here the results of a series of inclusive chemical characterizations, including all elements except oxygen, for a suite of 54 tourmaline samples. A combination of analytical techniques was used to analyze for major and light elements (electron microprobe), Fe3+ and Fe2+ (Mossbauer spectroscopy), H (U extraction), and B, Li, and F (ion microprobe, or SIMS). The B content of the tourmalines studied ranges from 2.86 to 3.26 B per formula unit (pfu) with 31 anions; excess boron is believed to reside in the Si site. Li ranges from 0.0 to 1.44 Li pfu and F contents are 0.0-0.91 …

Recent Developments In The Law - Primary And Secondary Education

The Journal of Law and Education

No abstract provided.

The 5s Rrna Loop E: Chemical Probing And Phylogenetic Data Versus Crystal Structure, Neocles B. Leontis, Eric Westhof

Chemistry Faculty Publications

A significant fraction of the bases in a folded, structured RNA molecule participate in noncanonical base pairing interactions, often in the context of internal loops or multi-helix junction loops. The appearance of each new high-resolution RNA structure provides welcome data to guide efforts to understand and predict RNA 3D structure, especially when the RNA in question is a functionally conserved molecule. The recent publication of the crystal structure of the "Loop E" region of bacterial 5S ribosomal RNA is such an event [Correll CC, Freeborn B, Moore PB, Steitz TA, 1997, Cell 91:705-712]. In addition to providing more examples of …

The Effect Of Peer Tutoring On The Test Scores Of Washington High School 9th Through 12th Grade Students Enrolled In Metals/Small Engines Class, Larry D. Harken

Graduate Research Papers

The purpose of this study was to investigate the effect of peer tutoring on the class-average tests scores of Metals/Small Engines students in grades 9-12 at Washington High School, Vinton, Iowa.

Quality Of Service Semantics For Multimedia Database Systems, Jonathan Walpole, Charles Krasic, Ling Liu, David Maier, Calton Pu, Dylan Mcnamee, David Steere

Computer Science Faculty Publications and Presentations

Quality of service (QoS) support has been a hot research topic in multimedia databases, and multimedia systems in general, for the past several years. However, there remains little consensus on how QoS support should be provided. At the resource-management level, systems designers are still debating the suitability of reservation- based versus adaptive QoS management. The design of higher system layers is less clearly understood, and the specification of QoS requirements in domain-specific terms is still an open research topic. To address these issues, we propose a QoS model for multimedia databases. The model covers the specification of user-level QoS preferences …

Managing Urban Land In China: The Emerging Legal Framework And Its Role In Development, Mark T. Kremzner

Washington International Law Journal

This Article examines the emerging legal framework for urban land management in China with reference to several perspectives on the role of the state in economic development: modernization, dependency, and statism. A key function of the urban land management and planning regime in the People's Republic of China is to promote economic development. Similarly, law and legal institutions in the reform era are used as an instrument to secure development policies. China's urban land use laws have the purpose and effect of channeling capital into land development and urban renewal projects through the commodification of land use rights. While the …

Internal Barriers To The Evangelization Of Generation X, Kevin R. O'Brien

Journal of the American Society for Church Growth

No abstract provided.

A Report To Alumni & Friends - Issue No. 67, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Colleen Khoury Selected as Dean of the Law School
• 1997 Annual Fund Report of Giving
• 1998 Law School Commencement
• Dean Zillman’s Final Report
• Professor Scott Gould Joins Faculty

Professional Growth, Jennifer Causey

Digitized Theses and Dissertations (prior to 2008)

A portfolio submitted in partial fulfillment of the requirements for the degree of Master of Education in the Department of Elementary and Early Childhood Education in the Bagwell College of Education of Kennesaw State University

A Study Of Child Abuse: Race Gender And Family Structure, Linda Wyatt Faircloth

Sociology & Criminal Justice Theses & Dissertations

Using 1989-1994 data collected from the Portsmouth Department of Social Services in Portsmouth, Virginia, this study looked at severity and recidivism of child abuse in Portsmouth from 1989-1994. Analyses of data from the Portsmouth Department of Social Services indicated that children living in single parent families are more likely to be severely abused than children living in two parent families but no differences were observed for race and age.

Meta-Ethnographic Development Of A Dialogue Methodology Applied To Organization Discourse, Shelley P. Gallup

Engineering Management & Systems Engineering Theses & Dissertations

A gap exists between theoretical stances that acknowledge the importance of dialogue as a dynamic within socially constructed structures, and "steersmanship" of those constructs--e.g., directing, intervening or transforming organizations. A "mechanism" which links theory with practice is missing, leaving practitioners with an acknowledgment of dialogue's central position, but without tools to enact this centrality in practice or research. This research constructs a conceptual model of dialogue, derived from the literature. Using this model as a base, the research seeks to generate a dialogue methodology bridging theory and practice with respect to organizational dialogue. The model, methodology, and research results are …

Šawaš Ili?I-Šawaš Wawa -- 'Indian Country--Indian Language' : A Participant Observation Case Study Of Language Planning By The Confederated Tribes Of The Grand Ronde Community Of Oregon, Gregry Michael Davis

Dissertations and Theses

The Kwelth Tahlkie Culture and Heritage Board (KTC&HB) of the Confederated Tribes of the Grand Ronde Community of Oregon (CTGR) have made it a priority to revitalize one of the languages which historically has been associated with being a Grand Ronde Indian-Chinook Jargon, referred to as činuk wawa 'Chinook talk' or simply činuk.

The purpose of the present study was to observe the language planning process as executed by the KTC&HB. Initial guiding questions were: (i) What stages is the KTC&HB going through in the process of planning for činuk revitalization? (ii) How do these efforts compare with theory and …

Automated Bus Dispatching, Operations, Control, And Service Reliability: Baseline Analysis, James G. Strathman, Kenneth Dueker, Thomas J. Kimpel, Rick Gerhart, Ken Turner, Pete Taylor, Steve Callas, David Griffin, Janet Hopper

Center for Urban Studies Publications and Reports

The authors of this report are engaged in a long term project to assess the impacts of Tri-Met's BDS on service reliability and transit use. The framework designed for this assessment focuses on documenting service reliability and passenger activity at three major junctures:

• The pre-operational (baseline) period;

• The initial (passive) period following implementation of the new system, when both drivers and dispatchers have access to schedule adherence information in real time, but before the development and use of operations control practices that exploit the information generated by the system;

• Full implementation, when operations control practices are defined …

A Study Of Multi-Sensory Instruction On Fourth Grade Students' Reading Achievement, Kristine Carter

Theses and Dissertations

Research has supported that by accommodating teaching methods to complement student learning styles, academic achievement and attitudes improve. The purpose of this study was to investigate the effect of multi-learning style based instruction, specifically perceptual preferences, on the reading achievement of fourth grade students. Forty-seven students in two intact classrooms from one elementary school participated in the pretest/posttest control group design. A pretest was given to both groups to ensure initial group equivalence. An experimental group then received multi-perceptual instruction for a period of two weeks while a control group was taught by traditional instruction. Following the instruction period, a …

Effect Of Hands-On Instruction On The Science Achievement Of Second Grade Students, Wendy Nardi

Theses and Dissertations

The purpose of this study was to examine the effect of hands-on methods of science instruction on low-level second grade students from a low-income community. Hands-on instruction actively engages students in exploratory activities using cognitive, manipulative and operational skills. According to a nonequivalent control group design, the nonstratified sample of 39 students was pretested and presented with either hands-on science instruction or more traditional strategies. Following posttest administration, a t test for nonindependent samples indicated a significant difference between the pretest and the posttest scores of both groups. However, a t test for independent samples revealed no significant difference between …

Income Taxes And Entrepreneurs' Use Of Labor, Robert Carroll, Douglas Holtz-Eakin, Mark Rider, Harvey Rosen

Center for Policy Research

This paper investigates the effect of entrepreneurs’ personal income tax situations on their use of labor. We analyze the income tax returns of a large number of sole proprietors before and after the Tax Reform Act of 1986 and determine how the substantial reductions in marginal tax rates associated with that law affected their decisions to hire labor and the size of their wage bills. We find that individual income taxes exert a statistically and quantitatively significant influence on the probability that an entrepreneur hires workers. Raising the entrepreneur’s “tax price” (one minus the marginal tax rate) by 10 percent …

Where Does The Money Come From? The Financing Of Small Entrepreneurial Enterprises, Zsuzsanna Fluck, Douglas Holtz-Eakin, Harvey Rosen

Center for Policy Research

Using data from the Wisconsin Entrepreneurial Climate Study, we study the sources of firms’ finance during the very early stages of their lives. Our focus is the evolution of the mix of financial capital from “insiders” and “outsiders” as firms age. We find that at the beginning of firms’ life cycles, the proportion of funds from internal sources increases with age, while the proportion from banks, venture capitalists, and private investors declines. There is also evidence that these patterns eventually reverse themselves, with the proportion of insider finance ultimately declining and the proportion of outsider finance increasing with age. We …

Financial Capital, Human Capital, And The Transition To Self-Employment: Evidence From Intergenerational Links, Thomas Dunn, Douglas Holtz-Eakin

Center for Policy Research

The environment for business creation is central to economic policy, as entrepreneurs are believed to be forces of innovation, employment and economic dynamism. We use data from the National Longitudinal Surveys (NLS) to investigate the relative importance of family financial and human capital in the transition into self-employment. Specifically, we estimate the impacts of own wealth and human capital and parental wealth and self-employment experience on the probability that an individual makes the transition from a wage and salary job to self-employment. We find that young men’s own financial assets exert a statistically significant, but quantitatively modest effect on the …

Apocalypse Now? Fundamental Tax Reform And Residential Housing Values, Donald Bruce, Douglas Holtz-Eakin

Center for Policy Research

Using a simulation model crafted to integrate the short-run and long-term impacts of tax reform on the housing market, we find modest impacts from fundamental reform of the Federal income tax. These results suggest that concerns over the impact of tax reform on housing values and household net worth are overstated. To the extent that reform is otherwise desirable, fears of drastic effects on the housing market should not stand as an impediment to reform. Donald

Derivation And Modelling Hue Uniformity And Development Of The Ipt Color Space, Fritz Ebner

Theses

Metric color spaces have been determined to be significantly non-uniform in the hue attribute of color appearance. Several independent sources have confirmed the non-uniformity. A data set was obtained during the course of this thesis work that contains the largest sampling of color space to date which can be used to compare models of color appearance. The data set obtained was compared to existing data sets and found to correspond closely. Lookup table methods were employed to test significant differences between data sets. A simple modeling approach was taken based on commonly understood color space models and knowledge of the …

Focal Spot, Summer 1998

Focal Spot All Issues

No abstract provided.

Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason

Northern Illinois University Law Review

Federal environmental enforcement is currently on the rise. United States Environmental Protection Agency ("USEPA") statistics indicate an increase in criminal prosecutions and the targeting of individual employees. It is the government's hope to encourage individuals to pay greater attention to environmental laws and regulations. The author contends that knowledge of USEPA's new environmental audit policy is the best protection against criminal prosecution for environmental violations. Under the new audit policy, a company can qualify for 100% punitive penalty reduction by discovering violations through a self-imposed environmental audit and expeditiously remedying those violations. Moreover, the USEPA interim policy implemented on June …

Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto

Northern Illinois University Law Review

The author asserts that aggressive identification and correction of compliance problems are the best defenses in an environmental enforcement action. The purpose of the article is to provide an understanding of how civil penalties in environmental enforcement actions are calculated. The author suggests ways in which the civil penalties can be reduced and ways to secure some "return of value" to the company. The author also addresses the concept of recouping the economic benefit of non-compliance. Finally, the author suggests that there may be unanticipated consequences of settling an environmental enforcement action.

Vol. 18, No. 3, Summer 1998: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger

Faculty Works

No abstract provided.

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part I), Craig H. Allen

Journal of Maritime Law and Commerce

No abstract provided.

Experimental Investigations Of Wavelength And Angular Errors In Holographic Gratings With Non-Bragg-Matched Read Beams, Monish Ranjan Chatterjee, Vivek Ray

Electrical and Computer Engineering Faculty Publications

Perfect Bragg matching is generally desirable for accurate optical interconnections with holographic gratings. In reality, however, gratings may be illuminated by READ beams with non-Bragg-matched angles, or wavelengths, or both. In such cases, the scattered beams are generally misdirected, and may suffer loss of efficiency and possibly more serious errors such as crosstalk noise or missed connections. A conventional wave-vector triad method of analyzing the scattered beam errors leads readily to near-Bragg estimates of the output angular misalignment. However, the READ wave-vector triads appear to indicate a possible wavelength shift in the output beam even with a Bragg-matched READ wavelength, …

Perspectives, Summer 1998, Western New England College School Of Law

Perspectives Alumni Magazine

No abstract provided.

Epistles, Multiple

Perspective Digest

No abstract provided.