Digital Commons Network^™

The Right To Republican Government Under International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

All Faculty Scholarship

This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence …

Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy

All Faculty Scholarship

Part I of this Article explores the traditional idealized view of motherhood that child placement statutes and court decisions reflect. These laws include statutes and case law in custody disputes between parents and in child protection proceedings under civil and criminal laws where the dispute is between the parent and the state. Part II contrasts the legal construct of motherhood that child placement laws embody with the legal image of mothers in child support and welfare law.

Part III examines the impact of these conflicting images of motherhood on a particular group of mothers -- battered women. Battered women illuminate …

Catch Me If You Can! Resolving The Ethical Tragedies In The Brave New World Of Jury Selection, José F. Anderson

All Faculty Scholarship

Since the Supreme Court's opinion in Batson v. Kentucky, the rules and tools available to lawyers for selecting juries have changed dramatically from what they had been for decades in American courtrooms. The Court's well intentioned effort in Batson to attempt to eliminate racial discrimination from the process of jury selection set in motion a series of modifications in lawyer decision making which have changed how lawyers fill the jury box. Prior to Batson, the sacrosanct tool known as the peremptory challenge had been virtually unassailable as a jury selection weapon. Abuses by prosecutors, particularly in the southern United States, …

The Specially Investigated President, Charles Tiefer

All Faculty Scholarship

This article argues that the new legal status - the "specially investigated President" - conferred upon recent presidents reflects an unprecedented change in the criminal investigation process of the President. Although recent presidents have experienced formal criminal investigations, each have used creative and legitimate ways to escape indictment, trial, or impeachment. By investigating President Bush and President Clinton's ability to successfully avoid prosecution, this article presents an analytical framework to explain the issues surrounding the "specially investigated President," and offers suggestions on how to reform the process.

In his analysis, the author illustrates the tension between opposing viewpoints regarding the …

Recent Trends In Merger Enforcement In The United States: The Increasing Impact Of Economic Analysis, Robert H. Lande, James Langenfeld

All Faculty Scholarship

From its modern origins more than thirty years ago federal merger policy has centered around the use of standard surrogates for market power to make presumptions about the likely effects of mergers. Since that time it has been evolving towards an increasingly complex approach as economic considerations have expanded their influence on merger policy. This trend was solidified in the 1982 revision of the Department of Justice's Merger Guidelines, accelerated by the Department of Justice and Federal Trade Commission 1992 Horizontal Merger Guidelines' increased emphasis on unilateral (as opposed to collusive) anticompetitive effects, and has reached new heights in the …

International Legal Careers: Paths And Directions, James Maxeiner

All Faculty Scholarship

Discusses lack of clear career paths in international legal practice.

U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner

All Faculty Scholarship

The purpose of this contribution is to help develop Methods Awareness in German jurists unfamiliar with American law. It shows how distant from German understanding present-day American practice is. It proceeds from Fikentscher's thumbnail sketch of German Prevailing Teaching: "this method starts from norm-thinking, therefore thinks in rules, that are applied to the case at hand." It refers to the core elements of this teaching, namely the place of the legal norm (Rechtssatz) in the legal order (Rechtsordnung) and its application to a particular set of facts (i.e., subsumption), and discusses the significance of these concepts in American law. It …

Proposed Model Rules Governing The Admissibility Of Computer-Generated Evidence, Lynn Mclain, James E. Carbine

All Faculty Scholarship

Pursuant to a grant from the State Justice Institute, the Court of Appeals of Maryland Standing Committee on Rules of Practice and Procedure drafted, and the Court of Appeals adopted, model rules regarding computer-generated animations and simulations. The rules address discovery, pretrial rulings, and preservation of the record for appeal.

Isolation And Characterisation Of Immunoglobulin Gene Superfamily Molecules From Lower Vertebrates (Fish), Bingmei Yang

Other Faculty of Health Theses

Acquired immunity in vertebrates is a major mechanism of the immune system, which enables the vertebrates to discriminate self and non-self The most important feature of acquired immunity is the major histocompatibility complex (MHC) restricted-cellular immune response. This involves several important elements including MHC molecules and T cell antigen receptor (TCR) complex. MHC molecules are glycoproteins that recognise and present self and foreign peptides to T-cells via the TCR, causing the T cell to proliferate and secrete cytokines. There is increasing evidence that peripheral T cells and MHC restricted cellular immune responses occur in all vertebrates. However, the exact nature …

The Effect Of Sea Weed (Ascophyllum Nodosum) Extract On Antioxidant Activities And Drought Tolerance Of Tall Fescue (Festuca Arundinacea Schreb.), Jamal Yousef Ayad

Other Faculty of Science and Engineering Theses

Plants have developed enzymatic and nonenzymatic antioxidant mechanisms to prevent oxidation of cellular compartments. Enhancing these mechanisms might help plants cope with encountered stresses. Greenhouse and field studies were conducted to examine the influence of seaweed (Ascophyllum nodosum) extract on antioxidant enzymes activities, forage Growth, and persistence of tall fescue (Festuca arundinacea Schreb.). Furthermore. effects of soil moisture, plant genotype, and infection with the endophyte Neotyphodium coenophialum ([Morgan-Jones and Gams] Glenn, Bacon and Hanlin) were investigated. In a greenhouse experiment, seaweed extract was applied to ‘Martin’ tall fescue at 0, 2, 4, 6, 8, and 10 kg ha in a …

The Development Of Unrestricted, Group Farrowing Systems For Sows, Jean Burke

Other Faculty of Science and Engineering Theses

This thesis examines the activities of four groups of four sows, allocated to one of two space allocations, in a novel farrowing system design, over parturition and during lactation. The two pen configurations provided 13.4m² (L) and 8.6m² (S) per sow, respectively. A lactation diet providing 14MJ/kg DE and 18% CP was supplied ad libitum via a sow operated feeder, adapted to facilitate the calculation of individual feed intakes. The influence of environmental, physical, management and production factors upon the way in which sows allocated their time to different activities, suckling behaviour, feed intakes and feeding and drinking strategies was …

Behaviour, Welfare And Nutrition Of Group-Housed Sows Fed In An Electronic Sow Feeding System, Nicola Jane Hodgkiss

Other Faculty of Science and Engineering Theses

A programme of study was undertaken to assess the welfare status of multiparous gestating sows housed in dynamic groups in a straw yard and fed by electronic sow feeders (ESF).Comparison of production figures from the Seale-Hayne herd with those nationally confirmed its status as a typical commercial unit. In an initial series of investigations, detailed ethograms were compiled to describe the animals' repertoire of activities and interactions. Lying and straw manipulation were found to be the predominant behaviours and attacks directed towards the head were the most commonly performed type of interaction. Although there was little evidence of aggressive behaviour, …

The Ferry Service Offer An Analysis Of Ferry Services Operating From And Within The United Kingdom, Harmanus Heijveld

Other Faculty of Science and Engineering Theses

The objective of this study is to investigate the market offer of passenger-car ferry services within and from the United Kingdom. The study is approached from the pomt of view of the provider of the ferry service offer. Initially, it seeks to analyse the existing ferry services offered within and from the United Kingdom by the various operators, and subsequently undertakes an empirical investigation based on the appropriate marketing and management theory. The role of the consumer is, of course, crucial to an understanding of the marketing of ferry services. However, this particular study focuses on the supply of the …

The Generation Of Compound Nominals To Represent The Essence Of Text The Commix System, Jennifer Vivien Norris

Other Faculty of Science and Engineering Theses

This thesis concerns the COMMIX system, which automatically extracts information on what a text is about, and generates that information in the highly compacted form of compound nominal expressions. The expressions generated are complex and may include novel terms which do not appear themselves in the input text. From the practical point of view, the work is driven by the need for better representations of content: for representations which are shorter and more concise than would appear in an abstract, yet more informative and representative of the actual aboutness than commonly occurs in indexing expressions and key terms. This additional …

Patina: A Method Oriented Design Environment For Parametric Analysis, Simon Shurville

Other Faculty of Science and Engineering Theses

The central issue to be addressed in this thesis is the provision of support for design tasks that require problem formation and evaluation and some inventive adaptation of products and design strategies. Hitherto, computer tools have failed to support the full range of design tasks. In particular, they have been focused upon solving previously formulated design tasks in well-defined domains where little inventiveness with materials or design strategies is required (Green, 1992a). A solution is offered in the form of an analysis that yields a new class of system, called Method Oriented Design Environments (MODEs), which provide support for some …

The Later Political Career Of R.A. Butler 1951-1964, Nicholas Adam Patch

Other Faculty of Arts, Humanities and Business Theses

R. A. Butler was one of the most influential and yet enigmatic of twentieth century politicians. He did more than anyone to stimulate the revival of post-war Conservatism, which led to three consecutive general election victories. He was a powerful figure in all Conservative Cabinets from 1951 to 1964, serving in each of the three main offices of state, and he nearly became Prime Minister twice. This thesis seeks to challenge the commonly held belief that the post-war Conservative policies developed by Butler represented an acceptance of the mixed-economy welfare-state, as established by the Labour Government between 1945 and 1951. …

The Gender Implications Of The European Community Free Movement Of Persons Provisions, Jane Elizabeth Sweeting

Other Faculty of Arts, Humanities and Business Theses

This thesis was carried out as part of a wider comparative study that was funded by the University of Plymouth and the Equal Opportunities Unit of the European Commission. Researchers from Great Britain, Greece, Ireland, Portugal and Sweden participated in this study. This thesis is based on the research that was earned out in London for which the author was solely responsible. The impetus for this research was to explore the implications for women of a largely unexplored aspect of European Community (EC) legislation. A lot of attention has focused on EC equal opportunities legislation but very little has been …

Theatre Of Life: Rituals, Transition And Progression Among The Igbo, Mary-Blossom Chinyelum Okafor

Other Faculty of Arts, Humanities and Business Theses

The Igbo are perpetual celebrants of life. Their need to celebrate life means that the Igbo will ceaselessly try to make the best of life, because they believe that although life may be full of uncertainties, such uncertainties are only temporary. So, the Igbo will celebrate whatever fortune brings in the knowledge that tomorrow will definitely be different. It is this insight into the transitory nature of things that makes the Igbo celebrate life, aware that time has the ability to obliterate uncelebrated memories. In the researcher's opinion, this work has succeeded in establishing the fact that the study and …

A Relationship Approach To The Marketing Of Professional Ship Management Services, Photis Michael Panayides

Other Faculty of Science and Engineering Theses

Professional ship management, i. e. the management of ships by third parties on behalf of their owners, has grown in importance in international shipping. This research investigates the relationship between professional ship managers and their clients in order to lay down the foundations for optimal marketing strategies directed towards retention of current clients and prospects over the long-term. Professional ship management has been described as an efficient organisational. adjustment to the needs of the global shipping market and a way by which western countries have been trying to sustain their global maritime dominance (Sletmo 1989). Despite this, ship management has …

The Influence Of Nitrification In Determining The Supply, Distribution And Fate Of Nitrogen In Grassland Soils, David John Hatch

Other Faculty of Science and Engineering Theses

The microbiology of nitrification has been extensively studied, but the ecology and environmental impact of the process has received less attention. The reason for this has more to do with the difficulties of conducting field experiments to examine the links with other processes which cause losses of nitrogen, than a failure to appreciate its importance in agricultural systems. This project was designed to overcome some of the limitations of existing field techniques to enable simultaneous measurements of nitrification and the major processes of N supply (mineralization) and N loss (denitrification and leaching) to be examined. The study proceeded in three …

A Visual Design Method And Its Application To High Reliability Hypermedia Systems, Robert Malcolm Newman

Other Faculty of Science and Engineering Theses

This work addresses the problem of the production of hypermedia documentation for applications that require high reliability, particularly technical documentation in safety critical industries. One requirement of this application area is for the availability of a task-based organisation, which can guide and monitor such activities as maintenance and repair. In safety critical applications there must be some guarantee that such sequences are correctly presented. Conventional structuring and design methods for hypermedia systems do not allow such guarantees to be made. A formal design method that is based on a process algebra is proposed as a solution to this problem. Design …

An Investigation Of The Sculpture/Language Homology, Peter Reginald Pay

Other Faculty of Arts, Humanities and Business Theses

This research is concerned with the implications of reading sculpture as a mode of communication that is indicative of an art/language homology. An investigation of the inter-relationship of the functions of ‘Language’ and 'Conventions of Visual Communication' is viewed against contemporary redefinitions of the role of sculpture, its character of presentation and mode of engagement with respondents. Theoretical investigation examines models of communication and identifies corresponding systems in an art that is exemplified by the sculpture of Tony Cragg. Cragg's significantly organised collections of commonplace objects, presenting the visual assertiveness of the 'ready-made' prompt a reconsideration of the object as …

Assessing The Learning Needs Of Adults With Acquired Physical Disability In Vocational Rehabilitation, Kathleen E. Mennen

Masters Theses

It is difficult to ascertain the learning needs of adults with acquired physical disability in vocational rehabilitation. The onset of the disability reactivates and/or creates various psychological, social, and educational problems in the learner’s life, which makes assessing his learning needs more complex. This study discusses the particular challenges of assessing the learning needs of this population. It also describes the development and use of a screening tool with which to make objective decisions in selecting assessments for this population.

1998-1999 Lynn University Women's Softball / Volleyball Media Guide, Lynn University Athletics

Athletics Media Guides

The 1998-1999 Lynn University Softball / Volleyball media guide has been published by the Sports Information Office.

1998 Lynn University Men's Soccer Media Guide, Lynn University Athletics

Athletics Media Guides

The 1998 Lynn University Men's Soccer Media Guide has been published by the Lynn University Sports Information Office.

Outcomes Based Assessment In Higher Education: A Content Analysis Of The Statewide Policies Of The Member States Of The North Central Association Of Colleges And Schools, Burton A. Collins

Master's Theses

No abstract provided.

A Curriculum For Teaching Talmud, Jeremy D. Neuman

Master's Theses

No abstract provided.

The Influence Of Self And Family Expressiveness On The Expression Of Anger In Two Samples Of Adolescents, Helen Hirschfeld

Master's Theses

No abstract provided.

Loudness Recalibration As A Function Of Signal Level, Riordan Dan Mapes-

Master's Theses

No abstract provided.