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1998

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Ecology, Wilderness Selection, And The Salmonhuckleberry Roadless Area, Jason Scot Barker Jan 1998

Ecology, Wilderness Selection, And The Salmonhuckleberry Roadless Area, Jason Scot Barker

Dissertations and Theses

In the 1970s, the Forest Service used ecology in the process that led to the SalmonHuckleberry roadless area in the Mount Hood National Forest becoming a Congressionally designated Wilderness in 1984. This case study of the history of SalmonHuckleberry roadless area confirms the criticism made by environmentalists that noncommercial forest values have received much less priority than commercial uses in forest planning during the late 1960s and 1970s. This study of the area also reveals that the Forest Service's planning process was fundamentally flawed because Forest Service planners often lacked scientific data to support management decisions and downplayed the sigificnace …


Concurrent Validity Of Mental Ability Screening Tools : A Comparison Of Normal Students’ Performance On The Kaufman Brief Intelligence Test And The Shipley Institute Of Living Scale-Revised, D. Melanie Peters Jan 1998

Concurrent Validity Of Mental Ability Screening Tools : A Comparison Of Normal Students’ Performance On The Kaufman Brief Intelligence Test And The Shipley Institute Of Living Scale-Revised, D. Melanie Peters

Dissertations and Theses

This study compared the Kaufman Brief Intelligence Test (K-BIT), a verbal and nonverbal mental ability screening tool, to the Shipley Institute Living Scale (SILS), a nonverbal screening tool of mental ability, as part of a larger, ongoing study which is examining the effects of orofacial clefts on early career maturity. In terms of general intellectual ability, the K-BIT and the SILS provide descriptive categories, percentile ranks, raw scores, standard error of measurement, standard scores, standardization and norms, subtest scores, and total scores. The K-BIT provides normative curve equivalents and stanines, which the SILS does not. The SILS provides abstract and …


Hysterical Release, Erica Soon Olsen Jan 1998

Hysterical Release, Erica Soon Olsen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Language Imperialism Versus Linguistic Rights: The Case Of Native Americans., Jonathan Woodruff Maffay Jan 1998

Language Imperialism Versus Linguistic Rights: The Case Of Native Americans., Jonathan Woodruff Maffay

Graduate Theses, Dissertations, and Problem Reports (ETD)

From the days of the Old Testament and Tower of Babel through the nineteenth century efforts to create artificial languages, the human race has longed for a universal language. Its purpose would be to bind the linguistically diverse people of the world into a cohesive whole. With English apparently well on its way to becoming just such a universal language, many people are now growing concerned at the prospect. For them English is an imperial language that threatens the world’s rich cultural and language complexity. Linguistic rights activists have now begun trying to counter this universalizing trend with language repair …


American Workers In The Soviet Union Between The World Wars: From Dream To Disillusionment., Vincent Edward Baker Jan 1998

American Workers In The Soviet Union Between The World Wars: From Dream To Disillusionment., Vincent Edward Baker

Graduate Theses, Dissertations, and Problem Reports (ETD)

This is a an examination of those Americans who went to the Soviet Union to live and work during the interwar period, and what became of them. Why they went, how many went, and whether they survived the experience. American attitudes, both private and public of the Soviet Union are also discussed.


Libraries Turn New Leaf With Gis, Pat Newcombe Jan 1998

Libraries Turn New Leaf With Gis, Pat Newcombe

Faculty Scholarship

The Author discusses why libraries are appropriate facilities for the management and distribution of GIS maps and data. They are neutral, unbiased institutions, and are an established nationwide infrastructure. People who need access to information automatically think of libraries. It is libraries that users depend on for their data needs, and for resources that can interpret data. In addition, librarians are proficient in collection development, cataloging, access and preservation issues. All this makes for a strong case to provide GIS services in libraries.


Constitutional Qualms Concerning: Government Restrictions On Tobacco Product Advertising, Barbara A. Noah Jan 1998

Constitutional Qualms Concerning: Government Restrictions On Tobacco Product Advertising, Barbara A. Noah

Faculty Scholarship

This Article evaluates the constitutionality of a representative series of congressional proposals to limit tobacco advertising. Federal legislation codifying the tobacco settlement included possible restrictions on outdoor advertising, a prohibition on the use of cartoon images, permitting only tombstone format for advertisements in publications that target a youth audience, a prohibition on the sale or gift of promotional items bearing tobacco product names or logos, a ban on industry sponsorship of sporting and other cultural events, and restrictions on Internet promotions. The Author suggests that upon seeking to prevent tobacco companies from encouraging illegal tobacco use by minors, the FDA's …


A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson Jan 1998

A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson

St. Mary's Law Journal

Abstract Forthcoming.


Toward Permissive Appeal In Texas., Renee Forinash Mcelhaney Jan 1998

Toward Permissive Appeal In Texas., Renee Forinash Mcelhaney

St. Mary's Law Journal

A comparison of April Marketing & Distributing Corp. v. Diamond Shamrock Refining & Marketing Co. (“April Marketing”), which pended in federal court, and Barshop v. Medina County Underground Water Conservation District (“Barshop”), which pended in state court, illustrates the value of permissive appeal. Both cases had many early procedural similarities. Yet, the cases differ because the federal court allowed for a permissive appeal; the state court did not. The two cases later diverged procedurally, when the federal case was able to appeal the trial court’s interlocutory order denying motion for summary judgment. Lacking this option, the state case was forced …


The Role Of Variances In Determing Ripeness In Takings Claims Under Zoning Ordinances And Subdivision Regulations Of Texas Municipalities., John Mixon, Justin Waggoner Jan 1998

The Role Of Variances In Determing Ripeness In Takings Claims Under Zoning Ordinances And Subdivision Regulations Of Texas Municipalities., John Mixon, Justin Waggoner

St. Mary's Law Journal

Texas zoning law follows the national standards in creating boards of adjustment. Unlike most states, Texas does not allow its boards of adjustment to grant so-called “use” variances. A variance is essentially a legal waiver from compliance with certain land-use regulations which is granted to a landowner by a government entity in certain limited cases. There are two general types of variances: the area variance and the use variance. Use variance permits the property in question to be used in a manner totally different than that allowed by the ordinance. Whereas the area variance only modifies or relaxes the degree …


Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard Jan 1998

Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard

St. Mary's Law Journal

This Comment evaluates tax classification of computer software in Texas under recent statutory provisions and case law. The author focuses on whether computer software constitutes tangible or intangible property and whether computer software should be taxable or not. Determining property classification is not easy—the term “computer software” is difficult to define, and the multitude of different types of computer software further obscures the formation of a uniform definition. The Texas legislature’s ability to tax both tangible and intangible property makes classifying computer software as either type unnecessary. Texas can resolve the conflict in its tax classification system, wherein computer software …


A Catholic Lawyer's View Of The Death Penalty Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Kevin M. Doyle Jan 1998

A Catholic Lawyer's View Of The Death Penalty Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Kevin M. Doyle

St. Mary's Law Journal

Abstract Forthcoming.


Will Religious Teachings And International Law End Capital Punishment Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert F. Drinan Jan 1998

Will Religious Teachings And International Law End Capital Punishment Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert F. Drinan

St. Mary's Law Journal

Abstract Forthcoming.


Litigating State Capital Cases While Preserving Federal Questions: Can It Be Done Successfully Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Daniel Givelber Jan 1998

Litigating State Capital Cases While Preserving Federal Questions: Can It Be Done Successfully Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Daniel Givelber

St. Mary's Law Journal

Although originally federal courts were sources of new rights available to those accused of capital crimes, federal courts have become extremely difficult to access. One reason for this is the United States Supreme Court showing a marked lack of interest in developing new constitutional doctrine helpful to the accused. Another reason for the diminished role is that access to federal courts is so difficult. Frequently, access is difficult because the issues lawyers want federal courts to address have never been adequately presented in state courts. Yet, federal venues remain essential to capital punishment litigation. It is considerably easier to define …


Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian Jan 1998

Victims' Rights And The Death-Sentenced Inmate: Some Observations And Thoughts Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Susan L. Karamanian

St. Mary's Law Journal

The concept of “victims’ rights” refers to the movement from the 1950s which focuses on enhancing the role of the victim in the criminal process. The movement changed dramatically the manner in which capital cases are investigated and prosecuted. Prosecutors may work with the victims’ families on whether to accept a plea bargain or whether to seek the death penalty. The victims’ families may now also provide victim impact statements to let their own suffering influence the jury during the sentencing phase. The right of the victim’s family to have a say in the process does not end with the …


Human Rights And Development: Using Advanced Technology To Promote Human Rights In Sub-Saharan Africa, Jennifer M. Myers Jan 1998

Human Rights And Development: Using Advanced Technology To Promote Human Rights In Sub-Saharan Africa, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.


Considering Our Position: Viewing Information Warfare As A Use Of Force Prohibited By Article 2(4) Of The U.N. Charter, Todd A. Morth Jan 1998

Considering Our Position: Viewing Information Warfare As A Use Of Force Prohibited By Article 2(4) Of The U.N. Charter, Todd A. Morth

Case Western Reserve Journal of International Law

No abstract provided.


Cumulative Subject Index To Volumes 1-30, Index Jan 1998

Cumulative Subject Index To Volumes 1-30, Index

Case Western Reserve Journal of International Law

cumulative subject index


Family Governance In The Age Of Divorce, Ann Laquer Estin Jan 1998

Family Governance In The Age Of Divorce, Ann Laquer Estin

Utah Law Review

In the age of divorce, the traditional picture of family governance has been substantially altered. The most striking aspects of this change are the result of new norms of family behavior. With large increases in the number of divorced and nonmarital families, many more families now find themselves before the courts disputing financial, child-rearing, and other questions. Within this context, the old rule of deference to private family governance is often not workable. These families are necessarily subject to a greater level of public intervention and regulation. But the forms of this regulation have also changed, reflecting a new and …


A Review Of The Economics Of Family Time Use, Cathleen D. Zick, W. Keith Bryant Jan 1998

A Review Of The Economics Of Family Time Use, Cathleen D. Zick, W. Keith Bryant

Utah Law Review

Time is a limited resource. Yet, it is also the one resource with which all individuals are equally endowed on any given day. Why then is there such wide variation in how each of us chooses to use that time? What factors guide our decisions about time spent working versus time spent with family and friends? Why is it that activity patterns vary by gender, education level, and life cycle stage? In this essay, we review the economic model of household production that has been applied to investigations of family time use and summarize the insights that have been gained …


Survival Of The Fittest? Waiting Out The Death Of The Plaintiff In Ada Claims: Allred V. Solaray, Inc., Karen M. Doore Jan 1998

Survival Of The Fittest? Waiting Out The Death Of The Plaintiff In Ada Claims: Allred V. Solaray, Inc., Karen M. Doore

Utah Law Review

Survival of federal civil rights claims is a crucial question for practitioners, particularly when representing plaintiffs of an advanced age or with life-threatening illnesses such as AIDS. If the claims do not survive, defendants may be encouraged to manipulate the system and drag out litigation until the inevitable happens-the plaintiffs succumb to old age or their illnesses. For the elderly, sick, and dying, abatement of claims has the unfortunate effect of not ensuring that private and public actors have any deterrent to breaking the civil rights laws-the very laws enacted to protect the rights of the elderly and disabled. Either …


Utah's Comparative Apportionment: What Happened To The Comparison?, Lee A. Wright Jan 1998

Utah's Comparative Apportionment: What Happened To The Comparison?, Lee A. Wright

Utah Law Review

The question of which damages distribution scheme to adopt amounts to a choice between the goals of fully compensating the plaintiff and proportionally assessing damages to the defendant. To remain consistent with Utah's abolition of joint and several liability, this Comment advocates adoption of a damage apportionment approach based on proportional damages to the defendant, namely the modified blanket comparative fault approach. This approach will accomplish four things. First, it will end the confusion and unfairness that currently exist as a result of the decision in Field v. Boyer Co. Second, it will ensure that negligent defendants only pay for …


The Modes Of Action Of Toxicants On The Cardiac Physiology Of The Blue Mussel, Mytilus Edulis, And The Common Shore Crab, Carcinus Maenas, Timothy Mark Curtis Jan 1998

The Modes Of Action Of Toxicants On The Cardiac Physiology Of The Blue Mussel, Mytilus Edulis, And The Common Shore Crab, Carcinus Maenas, Timothy Mark Curtis

School of Biological and Marine Sciences Theses

The primary aim of this thesis was to establish the mode of action of the heavy metal, copper, on the cardiac physiology of the blue mussel, Mytilus edulis. Exposure of specimens of M.edulis to dissolved copper led to a decrease in heart rate and an increase in heart rate variability (HRV). The concentration of copper causing a 50% reduction in heart rate was found to be 0.8µM, while the concentration causing a 50% increase in HRV was 0.06µM (48 h EC50s). Simultaneous measurements of valve activity indicated that the observed bradycardia was not caused by valve closure. Subsequently, it was …


Evaluation Of Stream Meiofauna As A Monitor Of Trace Metal Contamination, Susan Mary Burton Jan 1998

Evaluation Of Stream Meiofauna As A Monitor Of Trace Metal Contamination, Susan Mary Burton

School of Biological and Marine Sciences Theses

Members of the meiobenthos have been used extensively to determine the effects of anthropogenic perturbation in marine systems (Coull & Chandler, 1992). Despite this, the meiofauna has been virtually excluded from freshwater pollution monitoring. This thesis aimed to address this research caveat, by evaluating the potential of stream meiofauna for monitoring metal-contamination. Meiofaunal communities were sampled from streams in SW England representing a gradient in metal contamination. Environmental variables in these streams were also measured to identify the important forcing agents structuring the stream benthos. Multivariate techniques demonstrated Cu, either alone or in combination with other environmental variables was of …


The Ecotoxicological Assessment Of Complex Effluents Using Invertebrate Biomarkers, Katrina Nicola Astley Jan 1998

The Ecotoxicological Assessment Of Complex Effluents Using Invertebrate Biomarkers, Katrina Nicola Astley

School of Biological and Marine Sciences Theses

A suite of biomarkers was developed using the crab Carcinus maenas and the mussel Mytilus edulis as test organisms. The ability of the biomarkers to differentiate amongst the major toxic components and to indicate the concentration of chemical mixtures was evaluated in the laboratory. Biomarkers were also applied in a field trial and their potential to monitor environmental water quality in a chemically contaminated estuary investigated. The results from the biomarker assays were compared with and validated against two commonly used toxicity tests (Tisbe battagliai LC-50, and Microtox®). Novel methods for recognising patterns of biomarker responses were developed and assessed. …


Emotional Quotient : Predicting And Teaching For Future Success Of Students, Denise A. Hale Jan 1998

Emotional Quotient : Predicting And Teaching For Future Success Of Students, Denise A. Hale

Graduate Research Papers

Emotional Quotient (EQ) involves virtually every aspect of a person's life and plays a more important role in predicting success for students than the traditional Intelligence Quotient (IQ). Emotional intelligence involves recognizing one's emotions, thus having a sense of self-awareness, managing and controlling one's emotions, motivating oneself to achieve a set goal, responding with empathy, and handling interpersonal relationships with appropriate social responses.

Many children today are deprived of natural opportunities to develop a healthy EQ. Through modeling and continued reinforcement starting in the early elementary grades, EQ can be taught. Teachers can provide literature experiences as the basis of …


School-Based Primary Prevention Programs For Eating Disorders, Suzanne D. Holmes Jan 1998

School-Based Primary Prevention Programs For Eating Disorders, Suzanne D. Holmes

Graduate Research Papers

The primary purpose of this paper is to provide an extensive review of the literature and research related to anorexia nervosa, and to emphasize the importance of prevention programs in school settings and the role of school psychologists in the prevention and intervention process. Chapter two of this paper covers anorexia nervosa and the theories regarding its etiology, complications, co-morbidities, risk factors, and treatment. Because anorexia nervosa is a disorder which most frequently begins during adolescence, chapter three addresses the specific factors of adolescence that can lead to eating disorders.

Throughout the paper, there is an emphasis on the lack …


Academic Acceleration Of Gifted Children, Lisa Moldenhauer Jan 1998

Academic Acceleration Of Gifted Children, Lisa Moldenhauer

Graduate Research Papers

The purpose of this paper is to examine academic acceleration. It looks at the rationale, different forms of acceleration, benefits, disadvantages, and guidelines that should be considered when accelerating. In addition, this paper examines teachers' beliefs and why they hold these beliefs concerning acceleration. Finally, the last chapter summarizes this study and draws conclusions from the literature and suggests recommendations for further study.


Adolescent Depression : A Review Of Theoretical Perspectives And Considerations For Assessment, Elizabeth Marie O'Neill Jan 1998

Adolescent Depression : A Review Of Theoretical Perspectives And Considerations For Assessment, Elizabeth Marie O'Neill

Graduate Research Papers

Depression is one of the most common psychological disorders shared by adolescents and adults. Thus, adolescent depression is an important area of investigation for researchers, parents, clinicians, and teachers. The purposes of this literature review are to (1) provide a critical overview of the major depressive disorder criteria for children and adolescents in the current Diagnostic and Statistical Manual of Mental Disorders, fourth edition, (DSM-IV; American Psychiatric Association, 1994), (2) provide an overview of well-articulated major theories that have attempted to explain the cause(s) of depression in adolescents, and (3) evaluate the psychometric adequacy of those self-report measures of adolescent …


Analysis Of Atmospheric Concentrations Of Radon And Thoron Using Beta Counting Technique, G. S. Islam, S. M. Basunia Jan 1998

Analysis Of Atmospheric Concentrations Of Radon And Thoron Using Beta Counting Technique, G. S. Islam, S. M. Basunia

Turkish Journal of Physics

This paper presents a detailed theory and experimental procedure for measurement and analysis of mixed radon and thoron in the environment. The technique has been successfully applied to the study of seasonal variations of radon and thoron in the atmosphere around Rajshahi, Banladesh, during the years 1989-1991. The maximum radon concentration in outdoor air was observed in the winter from December to January while the indoor radon concentration was found to be maximum during the monsoon months of July and August. The implication of the results is briefly discussed in the paper.