Digital Commons Network^™

Students' Rights And How They Are Wronged Essay, Nadine Strossen

Articles & Chapters

No abstract provided.

Tribute To Justice William J. Brennan Tribute, Nadine Strossen

Articles & Chapters

No abstract provided.

Delegation And Democracy: A Reply To My Critics Symposium - The Phoenix Rises Again: The Nondelegation Doctrine From Constitutional And Policy Perspectives: Democracy And Delegation, David Schoenbrod

Articles & Chapters

No abstract provided.

Remarks To The Board Of Trustees Of The Natural Resources Defense Council Symposium - The Phoenix Rises Again: The Nondelegation Doctrine From Constitutional And Policy Perspectives: Democracy And Delegation, David Schoenbrod

Articles & Chapters

No abstract provided.

Human Cloning And The Substantive Due Process Riddle, Stephen A. Newman

Articles & Chapters

No abstract provided.

Placental Xenobiotic And Steroid Metabolism In Normal And Diabetic Patients., Donna Jean Mcrobie-Belle

Graduate Theses, Dissertations, and Problem Reports (ETD)

The primary function of the human placenta is to ensure an optimal environment for fetal growth and development. Nutrients, endogenous substances and xenobiotics enter the placenta via the maternal circulation. The placenta possesses the ability to metabolize a number of xenobiotics and endogenous compounds by processes (cytochrome P450 enzymes and/or glutathione conjugation pathways) similar to those in the liver. Although the metabolites produced are usually inactive, reactive or toxic metabolites may also be generated. Therefore, changes in placental enzymatic function could alter fetal exposure to these reactive/toxic metabolites. Animal and in vivo human studies suggest diabetes alters the liver's xenobiotic …

The Impact Of The Principals' Academy On Teachers' Perception Of Their Empowerment In Group Decision Making In West Virginia Faculty Senates., Margaret Dickinson Miller

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of the study was to determine if principals' attendance to Principals' Academy had an effect on teachers' perception of empowerment in faculty senate group decision making. Faculty senate members in 120 West Virginia schools received the Short and Rinehart School Participant Empowerment Scale survey to provide perception of overall empowerment and six domains of empowerment. Data derived from 66 responding schools were analyzed using Statistical Analysis System and Analysis of Variance and produced the following results: There was no significant relationship, overall nor within domains, between the perceived level of empowerment of teachers in faculty senate group decision …

A Study Of Factors Relating To The Attrition From The West Virginia University - Marshall University - West Virginia Graduate College Cooperative Doctoral Program Administered By The West Virginia Board Of Trustees., Rudy Dale Pauley

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examined the statistical relationship between 12 selected demographic and situational variables and the completion of the doctorate from the West Virginia University - Marshall University - West Virginia Graduate College Cooperative Doctoral Program. In order to explore this relationship, the Doctoral Student Survey was designed utilizing variables drawn from a search of the literature pertaining to attrition from doctoral programs. This survey was sent to the 226 students that were admitted to the Cooperative Doctoral Program between 1980 and the Fall of 1993. Responses were received from 62% of those surveyed. The Statistical Package for the Social Sciences …

Agony Of The Innocents, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

The 1972 Liability Convention Enhancing Adherence And Effective Application, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction

2. The Liability Convention the status quo and current developments

3. The Liability Convention and space debris

3.1. The definition of space object

3.2. Unidentifiable space debris

3.3. The definition of" damage"

4. The Liability Convention and private space activities

4.1. Liability at the international level

4.2. Liability at the national level

4.3. Linking international liability and national liability

5. Conclusion

The Delimitation Of Outer Space Revisited The Role Of National Space Laws In The Delimitation Issue, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Recently, the issue of the delimitation and definition of outer space has been put back on the agenda of the Legal Subcommittee of UNCOPUOS. This issue has of course many complex features. It effectively revisits the fundamental but rather theoretical debate between proponents of 'spatialism' and adherents to 'functionalism' when it comes to defining the essence of international space law. It reflects on a measure of absence of political will to establish any rigid delimitation and definition ahead of technical or other developments which may tend to ignore such legal borderlines. Moreover, even amongst those agreeing on the need to …

Principles And Application Of Credibility Theory, Vincent Goulet

Journal of Actuarial Practice (1993–2006)

We review the history of the practical development of credibility theory. Emphasis is placed on the two main approaches to credibility theory: limited fluctuation credibility and greatest accuracy credibility. We explain when each approach should and should not be used. The presentation of greatest accuracy credibility theory starts with a review of (exact) Bayesian credibility and then moves to the Buhlmann-Straub model. Estimators of the structure parameters are discussed. Examples are presented to illustrate the concepts. Finally, the hierarchical credibility and crossed classification credibility models are presented.

Controlled Hybridization Technique For Switchgrass, Juan M. Martinez-Reyna, Kenneth P. Vogel

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Controlled hybridizations of plants are necessary for genetic studies, including those that use molecular markers. A hybridization technique for grass species such as switchgrass, Panicum virgatum L., with indurate floral bracts has not been previously reported. The objective of this study was to develop a technique for emasculating and hybridizing switchgrass. Emasculations were successful when the top of the stigmas could be seen through the translucent tips of the iemma and palea. Panicle branches containing 25 to 50 fertile florets were emasculated at this stage after removing excess panicle branches. Both sessile staminate florets and the fertile florets of a …

Holistic Faculty Development: Supporting Personal, Professional, And Organizational Well-Being, Glenda T. Hubbard, Sally S. Atkins, Kathleen T. Brinko

To Improve the Academy: A Journal of Educational Development

In recent years, higher education has begun to realize the great influence that faculty quality of life has on student learning and on overall institutional effectiveness. This article examines the interactive effect of personal, professional, and organizational well-being and describes a center that integrates four kinds of services-faculty development, employee assistance, health promotion, and organizational development-that work both separately and collaboratively. The result is a synergistic organization that is able to tackle complex institutional problems that could not be addressed by any one program alone.

Minimizing Error When Developing Questionnaires, Terrie Nolinske

To Improve the Academy: A Journal of Educational Development

Questionnaires are used by faculty developers, administrators, faculty, and students in higher education to assess need, conduct research, and evaluate teaching or learning. While used often, questionnaires may be the most misused method of collecting information, due to the potential for sampling error and nonsampling error, which includes questionnaire design, sample selection, nonresponse, wording, social desirability, recall, format, order, and context effects. This article offers methods and strategies to minimize these errors during questionnaire development, discusses the importance of pilot-testing questionnaires, and underscores the importance of an ethical approach to the process. Examples relevant to higher education illustrate key points.

Implications Of The Nature Of "Expertise" For Teaching And Faculty Development, Richard G. Tiberius, Ronald A. Smith, Zohar Waisman

To Improve the Academy: A Journal of Educational Development

Over the last two decades cognitive theorists have learned that the development of expertise goes beyond the accumulation of knowledge and skills: expertise includes the development of pattern recognition and learned procedures that enable practitioners to deal with problems effortlessly or intuitively. Even more recently, theorists are distinguishing experts from experienced non-experts by how they use the bonus time and energy gained from solving problems intuitively. Experts invest it in tackling problems that increase their expertise rather than reduce problems to previously learned routines. Some implications of these different views of expertise for teaching and faculty development are discussed.

Review Of The Frederic Remington Studio By Peter H. Hassrick, Alexander Nemerov

Great Plains Quarterly (through 2013)

This short book concerns the Remington Studio Collection-a permanent installation at the Buffalo Bill Historical Center in Cody, Wyoming, featuring the artifacts Remington displayed in his New Rochelle studio, as well as some of the paintings he made late in his career. The author noted Remington scholar Peter Hassrick, discusses the studio and argues that the Studio Collection paintings, many of them small landscapes, transcend Remington's time and place to achieve a universal significance. In making this argument, however, Hassrick neglects to consider how the very category of the universal, insofar as it refers to American art, is itself a …

Review Of Indian Territory And The United States, 1866- 1906: Courts, Government, And The Movement For Oklahoma Statehood By Jeffrey Burton, Raymond Wilson

Great Plains Quarterly (through 2013)

Attempts by state governments and the federal government to undermine Indian tribal sovereignty remain one of the major challenges Indian tribes face today. One of the best known attacks against Indian political and economic authority was the abolition of the tribal institutions of the Five Tribes in Indian Territory, which resulted in Oklahoma statehood.

Indian Territory and the United States, 1866- 1906, the first volume in the University of Oklahoma Press's Legal History of North America Series, is a detailed and fresh examination of the destruction of the Five Tribes' governments in Indian Territory resulting from federal judicial reforms …

A Pernicious Problem: The Absence Of Women From Administrative Roles, Marilyn Grady, Barbara Lacost, Frederick C. Wendel, Bernita Krumm

Department of Educational Administration: Faculty Publications

In 1972 Title IX, the vaccine against gender inequity, was unveiled. Title IX is a federal law making sex discrimination in schools illegal. Under Title IX, sex bias is outlawed in school athletics, career counseling, medical services, financial aid, admission practices, and the treatment of students. In 1974, Congress passed the Women's Educational Equity Act to fund research, materials, and training to help schools eliminate gender bias. In 1978, Congress broadened the Civil Rights Act to include educational services to eliminate gender bias. Under the redesigned civil rights legislation, ten sex desegregation assistance centers were created to assist teachers, parents, …

Conflicts Of Interest In Scientific Expert Testimony, Mark R. Patterson

Faculty Scholarship

Conflicts of interest have significant implications for the reliability of scientific expert testimony. However, the courts' treatment of conflicts is not always in accord either with the treatment of conflicts in scientific practice or with the particular problems that scientists' conflicts present in court. In response, this Article proposes two basic changes in the treatment of scientific expert testimony. First, courts should strive to separate issues of bias from issues of scientific validity-the two sets of issues are now conflated at times. Second, courts should pay more attention to biases of scientists who perform the research underlying expert testimony, whereas …

Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley

Faculty Scholarship

Informed consent has a central role to play in mediation. Without it, mediation's promises of autonomy and self-determination are empty. This Article has given the theoretical and policy justifications for a reform of mediation practice that honors the principle of informed consent. I have argued for a contextualized approach that takes into account mediation's location, the voluntariness of the parties' consent, and their representational status. This kind of analysis will lead to a more informed practice of mediation decisionmaking than exists currently and provide a perspective that can more prudently guide a mediator's conduct. The proposed approach promotes greater fairness …

Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan

Faculty Scholarship

This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …

Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein

Faculty Scholarship

This article explains why lawyers do not think or talk like other people, how they got this way, and why this is both a good thing and a bad thing. I have watched hundreds of law students leave their old ways of thinking and talking behind and begin to sound like lawyers. One marker of the progress from lay person to lawyer is the emergence of the ability to tell a coherent fact and law story about a new legal problem. I have sometimes celebrated this professional progress and sometimes lamented the loss of common sense, but my lawyerly analysis …

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout

Faculty Scholarship

The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.

Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims

Faculty Scholarship

No abstract provided.

Interpreting Carnivore Scent-Station Surveys, Glen A. Sargeant, Douglas H. Johnson, William E. Berg

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

The scent-station survey method has been widely used to estimate trends in carnivore abundance. However, statistical properties of scent-station data are poorly understood, and the relation between scent- station indices and carnivore abundance has not been adequately evaluated. We assessed properties of scent- station indices by analyzing data collected in Minnesota during 1986-93. Visits to stations separated by < 2 km were correlated for all species because individual carnivores sometimes visited several stations in succession. Thus, visits to stations had an intractable statistical distribution. Dichotomizing results for lines of 10 stations (0 or ≥ 1 visits) produced binomially distributed data that were robust to multiple visits by individuals. We abandoned 2-way comparisons among years in favor of tests for population trend, which are less susceptible to bias, and analyzed results separately for biogeographic sections of Minnesota because trends differed among sections. Before drawing inferences about carnivore population trends, we reevaluated published validation experiments. Results implicated low statistical power and confounding as possible explanations for equivocal or conflicting results of validation efforts. Long-term trends in visitation rates probably reflect real changes in populations, but poor spatial and temporal resolution, susceptibility to confounding, and low statistical power limit the usefulness of this survey method.

Review Of The Papers Of John Marshall, Vol Viii: Correspondence, Papers And Selected Judicial Opinions, March 1814-December 1819, Edited By Charles Hobson, James L. Kainen

Faculty Scholarship

No abstract provided.

Index- Fall 1998

Great Plains Quarterly (through 2013)

Index pp. 361-368 (8 pages)

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson

Articles by Maurer Faculty

In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.