Digital Commons Network^™

A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

State Sales & Use Tax On Internet Transactions, Sandi Owen

Federal Communications Law Journal

The explosive growth of electronic commerce raises serious questions about the viability of the current state sales and use tax system. Sales via the Internet and other electronic means are changing both the form and substance of consumer transactions, and such sales often do not satisfy the traditional nexus requirement for state taxation because on-line vendors frequently lack physical presence in the purchaser’s home state. The inability to collect taxes on this growing segment of the retail sales market will impair states’ efforts to raise revenues and cause economically similar transactions to be treated differently. Consequently, Congress must act pursuant …

Evidence, Marc T. Treadwell

Mercer Law Review

The survey period saw a large number of cases raising significant evidentiary issues. Two areas in particular should be noted and are discussed in detail below. First, criminal lawyers should be aware of the supreme court's reinterpretation of Cuzzort v. State, a landmark decision creating a broad exception to the hearsay rule for prior consistent statements. Second, all trial lawyers should be aware that the court of appeals continues to flirt with the idea of requiring parties to tender expert witnesses to the court for certification that they are, in fact, qualified to render expert testimony. As in past …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

Plaintiff filed an action against the county for the repeated flooding of his home. The county attorney responded with a deft procedural maneuver:

It was my bright idea to take the plaintiff's deposition at his home. My timing was impeccable. During the deposition .... something on the order of a ten-year storm [occurred], an event which flooded [plaintiff's] property just as [he] had claimed. During our "adjournment" of the deposition, ... I [was] captured on video [by plaintiff's attorney] wading through plaintiff's front yard with my pants legs somewhere in the vicinity of my knees!

The "law" of local government, …

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell

Mercer Law Review

The most notable and far-reaching judicial activity during this survey period dealt with the summary judgment standard applied in tort cases. Other noteworthy developments occurred in the areas of venue, renewal of actions, collateral estoppel, and bifurcation of trials in cases involving punitive damages. Only minimal legislation was enacted in the area of trial practice and procedure during the survey period. This Article focuses on the most notable decisions rendered by the judiciary and the most significant legislation touching upon trial practice and procedure in Georgia state courts.

Civil Service Council Minutes, December 1, 1998, Illinois State University, Civil Service Council

Civil Service Council Minutes

Minutes of the Civil Service Council, Illinois State University.

Design Research: The Newsletter Of The Design Research Society No.63, Stephen Little

Design Research Newsletters (1966-1999)

No abstract provided.

The Simulation, Modeling And Analysis Of Wireless Local Area Networks Supporting The Ieee 802.11 Standard, Jaikwan Joo

Theses and Dissertations

Research to improve the performance of the IEEE 802.11 has been ongoing since 1990. The focus of this research has investigated the use of the MAC and Physical layers for improving throughput. An adaptive MAC protocol, CATER (Code Adapts To Enhance Reliability) is based on the proposed MAC standard for wireless local area networks (WLAN)-802. 11. IEEE 802.11 uses a fixed Pseudo-Noise (PN) code for spreading the information signal, implying a fixed process gain at the receiver. When the channel degrades, IEEE 802.11 offers only retransmissions at the MAC layer to contend with the corrupted medium. However, CATER allows communicating …

A Web-Based Prototype For Afit Edplan Administration, Tien-Chen Lee

Theses and Dissertations

This document details the design, development, and evaluation of a prototype course registration and reporting system for the students and faculty of the United States Air Force Institute of Technology. The web-based system provides HTML-based client interfaces and Active Server Page server processes for interaction with the relational databases used to manage course and personnel data. The system prototype was developed following the "Engineering Software Components for Web-Database Access" methodology of Dipiro. A survey of modern web-based database access techniques is first provided and Dipiro's methodology is reviewed as background. The remainder of the document details the application of the …

Collisional Effects In The Absorption Spectra Of The Oxygen A Band And Nitric Oxide Fundamental Band, Robert S. Pope

Theses and Dissertations

Fourier transform spectroscopy was used to measure pressure broadening coefficients in the absorption spectra of both the oxygen A band and the nitric oxide fundamental band. Oxygen spectra were recorded with O₂, N₂, CO, CO₂, SF₆ and noble gas collision partners, while nitric oxide spectra were recorded using noble gas collision partners. Pressure broadening coefficients were determined in the P and R branches for every resolved line for each of the fifteen collision pairs studied. In addition, broadening coefficients and qualitative evidence of line coupling were found for the Q branch of NO …

Three-Dimensional Calculation Of Contaminant Transport In Groundwater At A Dover Afb Site, Tariq O. Hashim

Theses and Dissertations

Macroscale rate-limited sorption modeling was tested using a production transport code, the GMS/FEMWATER ground-water modeling package. The code (Version 1.1 of FEMWATER. dated 1 August 1995) was applied to a 3D conceptual model developed from a field site at Dover AFB, DE. A simulation was performed of a 200 hour contaminant injection pulse followed by clean water flushing. A moment analysis performed on the resulting breakthrough curve validated code self-consistency. Another injection pulse simulation showed that retardation temporally delays the breakthrough peak. Transport simulations of pulsed clean water pumping of the test cell with a prescribed initial contaminant distribution demonstrated …

Development Of An Operations Research Software Package For Army Divisions, Blane C. Wilson

Theses and Dissertations

There exists great potential for applying operations research techniques to solve specific problems in the areas of operations, installation support, and training at the Army division level. Because of the operational tempo of today's active-duty and reserve component units, command must focus on accomplishing the daily missions. Also, due their limited knowledge of the field, planners may not be aware of how operations research can be used to enhance planning and operations. Time, training funds, resources, safety, personnel, and equipment are all critical factors in this process. Operations research techniques could be used to improve division-level operations by saving time, …

Vertical Distributions Of Breeding-Season Birds: Is Human Intrusion Influential?, Kevin J. Gutzwiller, Krista L. Clements, Heidi A. Marcum, Charles A. Wilkins, Stanley H. Anderson

Wilson Bulletin

No abstract provided.

Proceedings Of The Seventy-Ninth Annual Meeting, John A. Smallwood

Wilson Bulletin

No abstract provided.

Science Experiences Of Six Elementary Student Teachers: A Case Study, Jacqueline K. Wilcox

Theses and Dissertations

This qualitative study focused on the science experiences of six elementary student teachers. The purpose of the study was to learn how preservice teachers make meaning of science teaching during their student teaching experience. The sources of data were interviews with participants, descriptive field notes from observations of their science teaching, and artifacts collected from the site. The themes that emerged from data analysis were personal and professional career influences and constant adjustments of teaching strategies. The participants experienced these themes in varying intensities.

Learning to teach science to elementary children for the first time is complicated by the context …

Decolonizing The Mind With Ngugi Wa Thiong'o And Chinua Achebe: Searching For A Voice In Postcolonial African Literature, Steven M. Almquist

Theses and Dissertations

Any discussion of postcolonial African literature requires consideration of both the inherent diversity of “African” and the complex history of colonialism throughout Africa. Ngugi wa Thiong’o claims there are “broad affinities” among the diverse peoples of sub-Saharan Africa which allow for a broad discussion of the common experiences of colonialism, but it is necessary to complement these broad affinities with specific cultural references and historic contexts. This paper attempts to delineate some of the common struggles facing postcolonial African peoples by focusing on the specific writings of Kenya’s Ngugi wa Thiong’o and Nigeria’s Chinua Achebe. Though they are from disparate …

A 4,000 Year Pollen Record Of Vegetation Changes, Sea Level Rise, And Hurricane Disturbance In Atchafalaya March Of Southern Louisiana, Xinyu Zhou

LSU Historical Dissertations and Theses

Sediment cores from the Atchafalaya Marsh in southern Louisiana were intensively studied by means of pollen and loss-on-ignition analyses to reconstruct the history of late-Holocene environmental changes and hurricane strikes in the area. The data indicate that the coring site was occupied by a fresh marsh about 4000 years ago. Afterwards, the fresh marsh was replaced by a brackish marsh in the following 400 years. The marsh became a salt marsh in response to sea level rise beginning 3250 yr BP. During 2800-1200 yr BP, the study site became an estuarine environment inundated by sea water as a result of …

Chromatographic Methods Development For The Charcterization Of Phytopharaceutical Materials, Melanie Levesque

Theses

The increased popularity of alternative medicine treatments has prompted resurgence in the use of traditional herbal remedies. Among this vast number of herbs, ginseng is purchased by a considerable number of consumers; especially three species: Panax ginseng, Panax quinquefolium, and Eleutherococcus senticosus. Many of the physiological effects claimed by ginseng manufacturers tend to mimic those of central nervous system stimulants. This led to the purpose of this research, which was to develop an HPLC chromatographic method in order to determine if any specific CNS stimulants are within ginseng supplements. Specifically we found a series of CNS stimulants, methylxanthines (caffeine, theophylline, …

Mars And Venus In Extension Classes: Overcoming The Challenge Of Gender Differences In Parenting Education, Marilou Rochford

Journal of Extension

Extension educators responsible for strengthening families through parenting education. To be effective, they must work to bridge gender differences to include and encourage fathers' participation. Adapting examples from John Gray's popular text, Men Are From Mars, Women Are From Venus, the author offers practical applications for female educators working to build fatherhood groups and deliver parenting education across gender lines.

Maslow's Hierarchy Of Needs On A Cultural Level: Redefining Women's Roles Before, During, And After The Mexican Revolution Of 1910, Nelida Zepeda

McNair Scholars Research Journal

No abstract provided.

Full Issue, The Mcnair Team

McNair Scholars Research Journal

No abstract provided.

Synergistic Algorithm For Estimating Vegetation Canopy Leaf Area Index And Fraction Of Absorbed Photosynthetically Active Radiation From Modis And Misr Data, Yuri Knyazikhin, J. V. Martonchik, Ranga B. Myneni, D. J. Diner, Steven W. Running

Numerical Terradynamic Simulation Group Publications

A synergistic algorithm for producing global leaf area index and fraction of absorbed photosynthetically active radiation fields from canopy reflectance data measured by MODIS (moderate resolution imaging spectroradiometer) and MISR (multiangle imaging spectroradiometer) instruments aboard the EOS-AM 1 platform is described here. The proposed algorithm is based on a three-dimensional formulation of the radiative transfer process in vegetation canopies. It allows the use of information provided by MODIS (single angle and up to 7 shortwave spectral bands) and MISR (nine angles and four shortwave spectral bands) instruments within one algorithm. By accounting features specific to the problem of radiative transfer …

Identification And Characterization Of Spcu, A Chaperone Required For Efficient Secretion Of The Exou Cytotoxin, Viviane Finck-Barbançon, Timothy L. Yahr, Dara W. Frank

Dartmouth Scholarship

In recent studies, we have shown that Pseudomonas aeruginosa strains that are acutely cytotoxic in vitro damage the lung epithelium in vivo. Genetic analysis indicated that the factor responsible for acute cytotoxicity was controlled by ExsA and therefore was part of the exoenzyme S regulon. The specific virulence determinant responsible for epithelial damage in vivo and cytotoxicity in vitro was subsequently mapped to the exoU locus. The present studies are focused on a genetic characterization of the exoU locus. Northern blot analyses and complementation experiments indicated that a region downstream of exoU was expressed and that the expression of this …

Factors Affecting The Movements Of Rainbow Trout (Oncorhynchus Mykiss) In Lake Ogallala, Nebraska, Tadd M. Barrow

School of Natural Resources: Dissertations, Theses, and Student Research

No abstract provided.

Preference For Top Managerial Positions As A Result Of Utility-Maximization Behavior Under Religious Moral Prescriptions, Corneliu Munteanu

Student Work

The analysis described in this study is focused on the influence of religious ethics over individuals' tendency to seek top-managerial positions in their professional activity. The analysis assumes agents maximize utility. According to religious doctrines, afterlife salvation is a goal which could be accomplished only by following certain prescribed behavioural norms. While salvation can be considered as being an identical goal for most religions, the- way of pursuing it differs from one religion to another. This difference in means of attaining salvation reflects on various aspects of human behaviour. One of these aspects is the professional conduct of people engaging …

Table Of Contents, Vol. 17, No. 2, December 1998

Bridgewater Review

No abstract provided.

The Molecular Basis Of Cancer, Frank Gorga

Bridgewater Review

After cardiovascular diseases, cancer is the second leading cause of death in America. Since 1990 over half a million Americans have died each year of some form of cance1; and the number and rate is still increasing. In 1970 approximately 17 percent of all deaths were attributed to cancer, while by 1995 the figure had risen to 24 percent. In her chilling book on the meaning of illness in America, Illness as Metaphor, Susan Sontag described cancer as the sickness of the American 20th century. Learning about cancer has become more than a useful chore for those who suffer from …

Legacy - December 1998, South Carolina Institute Of Archaeology And Anthropology--University Of South Carolina

SCIAA Magazine - Legacy & PastWatch

Contents:

South Carolina's First Underwater Trail is Open!.....p. 1
Director’s Notes.....p. 2
"Romancing the Past" Gala.....p. 3
Bush Hill Plantation.....p. 4
Allendale Expedition.....p. 8
Santa Elena Conference.....p. 9
Search for Le Prince.....p. 10
ART Donors.....p. 14
Willtown: Past and Present.....p. 18
The Wee Boat.....p. 19
Portrait of an Artist.....p. 20
ART Tour to South Africa.....p. 23
Pritchard's Shipyard.....p. 24

Ncpa To Apply Science Of Sound To Missile Defense Technology, Rick Hynum

University of Mississippi News

UNIVERSITY, Miss. -- Designing a speedier, more accurate missile defense system is the goal of two major contracts -- totaling about $12 million over three years -- recently awarded by the U.S. Army Space and Missile Defense Command to the National Center for Physical Acoustics (NCPA) at The University of Mississippi.

The Conference Proceedings Of The 1998 Air Transport Research Group (Atrg) Of The Wctr Society, Volume 4 , Tae Hoon Oum, Brent D. Bowen, Uno Aviation Institute

Faculty Books and Monographs

UNOAI Report 98-9