Digital Commons Network^™

Identification Of Force Directions Created By Dynamic Events Experienced In The International Air Freight Distribution Environment, William Enderle Jr

Theses

By linking actual hazards experienced in the field to pre shipment packaging test protocols, the development of a robust packaging specification is developed. This study evaluated the international air freight distribution environment for shipment between the United States and the Netherlands. Utilizing an Environmental Data Recorder, the data identified that different events, other than the normally expected drops and impacts, were experienced. Based on force direction, magnitude and waveform analysis, the data identified that the product is being tossed as it is transported. The results of this study will provide data to enable the creation of a preshipment packaging test …

Investigation Of On-Demand Digital Printing For The Needs Of Mine Safety Appliances Co., Cathy Mcdonald

Theses

The printing needs of Mine Safety Appliances Co. (MSA) along with the definition and functions of ondemand digital printing seemed to be complimentary. Not only can digital presses improve turn around times, but they are also said to be economical for short print runs. Therefore, the focus of this study was to evaluate several on-demand digital printers and determine which press was most appropriate for MSA. After investigation, it was determined while no one press satisfied all of the areas, the Indigo Omnius met the most needs. The Omnius could save time and money printing bags, labels, and a variety …

Telephony-Based Answering Machine Application, Army Fithry

Theses

Advances in hardware and software technology make computer and communications integration becomes a reality. The popularity of multimedia board for PC together with modem that can handle voice makes operating system's vendor, like Microsoft, add some kind of abilities to their product to explore them. The Telephony API, one of the most significant API sets to be released by Microsoft, is a single set of function calls that allows programmers to manage and manipulate any type of communications link between the PC and the telephone line(s). With visual programming tools, such as Visual Basic, TAPI become a powerful tool to …

Characteristics Of Prosperity: Building Tourism On A Solid Foundation - Frankenmuth, Michigan, Annette Rummel

Theses

Not provided.

Ip And Atm Integration: A New Paradigm In Multi-Service Internetworking, Remesh Shanmuganathan

Theses

ATM is a widespread technology adopted by many to support advanced data communication, in particular efficient Internet services provision. The expected challenges of multimedia communication together with the increasing massive utilization of IP-based applications urgently require redesign of networking solutions in terms of both new functionalities and enhanced performance. However, the networking context is affected by so many changes, and to some extent chaotic growth, that any approach based on a structured and complex top-down architecture is unlikely to be applicable. Instead, an approach based on finding out the best match between realistic service requirements and the pragmatic, intelligent use …

An Analysis Of Folding Carton Stock For Frozen Fish Sticks, Benjamin L. White

Theses

Waxed solid bleached sulfate paperboard and polyethylene coated paperboard were compared for the purpose of containing frozen fish sticks. The main emphasis focused on the safety of the board in regards to the migration of particles from either the wax or the polyethylene. The results showed that the polyethylene coated "SBS" or the polyethylene coated solid unbleached sulfate are probably the best ways to package frozen fish sticks and fillets.

Collective Bargaining Agreements, Arbitration Provisions And Employment Discrimination Claims: Compulsory Arbitration Or Judicial Remedy - Johnson V. Bodine Electric Co., Ann E. Ahrens

Journal of Dispute Resolution

This casenote addresses the effect of mandatory arbitration provisions in collective bargaining agreements (CBA) upon statutory anti-discrimination claims. Disputes in this area arise when an employee joins a union, thus becoming subject to a CBA negotiated between the union and the employees. What often happens is that the CBA will generally contain a clause calling for arbitration of all claims arising under the agreement. Later, if the employee believes he has been subjected to discriminatory practices on the part of the employer and seeks remedies under anti-discrimination laws, such as Title VII, the employer will move to compel arbitration. The …

Does Title Vii Preclude Enforcement Of Compulsory Arbitration Agreements - The Ninth Circuit Says Yes - Duffield V. Robertson Stephens & (And) Co., Ryan D. O'Dell

Journal of Dispute Resolution

This casenote examines a Ninth Circuit decision that considered the impact of the Civil Rights Act of 1991 on the unsettled question of whether Title VII precludes employers from requiring prospective employees, as a mandatory condition of employment, to foreclose their right to bring Title VII claims in federal court. The Ninth Circuit construct the 1991 Act to preclude enforcement of individual employment agreements that require employees to arbitrate statutory claims brought under Title VII. The holding of this case establishes a controversial precedent because it is inconsistent with a seminal Supreme Court decision, the FAA mandate and other recent …

Federal Mediation Privilege: Should Mediation Communications Be Protected From Subsequent Civil & (And) Criminal Proceedings - In Re: Grand Jury Subpoena Dated December 17, 1996, Joshua J. Englebart

Journal of Dispute Resolution

This Note examines the decision of the Fifth Circuit to deny the existence of a federal mediation privilege when parties moved to quash a grand jury subpoena that sought mediation records to investigate criminal wrongdoing allegedly committed in the mediation program. This Note will focus on the federal government's refusal to establish a mediation privilege despite the fact that some states have embraced such a privilege.

The Last Resort: The Use Of Physical Restraints In Medical Emergencies, George J. Annas

Faculty Scholarship

Public awareness of the use of restraints in medicine has been greatly heightened by a five-part investigative series on physical restraints in psychiatric hospitals by the Hartford Courant and reaction to it by Connecticut's U.S. senators, Joseph Lieberman and Christopher Dodd. In October 1998 the Courant 's 50-state survey identified 142 patients who had died while in restraints or seclusion in the past decade, and the total number is probably much higher. The newspaper advocated the need for national standards for the use of restraints, impartial oversight, and accountability “for behavior that is cruel and even criminal.” The use of …

The Internet, Securities Regulation, And Theory Of Law, Tamar Frankel

Faculty Scholarship

Rarely has a change in the environment affected society as dramatically as the Internet. It has transformed the way we retain, transfer, and exchange information. At minimal cost, the Internet offers us far more information at a faster pace than ever before. It enables us to interact around the globe with more people than at any time in the past. When such dramatic environmental changes occur, drastic changes in the law often follow. 1 The Internet affects the environment in which securities markets operate, and the laws that govern them. 2 The use of the Internet has already begun to …

Guide For Developing Integrated Aquatic Vegetation Management Plans In Oregon, Maribeth Gibbons, Mark Rosenkranz, Harry L. Gibbons, Mark Sytsma

Center for Lakes and Reservoirs Publications and Presentations

This manual focuses on controlling nuisance aquatic plants, occurring in Oregon lakes. To use this manual, it is necessary to distinguish between an aquatic plant problem, and a water quality enrichment problem that typically results in excessive algae production (See Box this page). The most serious type of aquatic plant problem is caused by invasion of a waterbody by a non-native species. Non-native weed invaders may flourish in suitable conditions and degrade habitat and other beneficial uses. The biology and ecology of weeds allows them to fluorish under a wide range of conditions. Nutrient enrichment is not a prerequisite for …

Constitutional Tales Of Violence: Populists, Outgroups, And The Multicultural Landscape Of The Second Amendment, David C. Williams

Articles by Maurer Faculty

Traditionally, populists have claimed the Second Amendment as their particular cultural property; by contrast, outgroups and elites have found the Amendment somewhat culturally alien. Recently, some outgroup members have argued that their groups ought to embrace the Amendment because the right to keep and bear arms can be a valuable way of resisting populist oppression. This Article explores this changing multicultural landscape of the Second Amendment It recognizes that in particular instances and in the short term, outgroups might need to arm themselves against hate violence. It argues, however, that only a consensus culture on the use of violence will …

Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Improvements In Modeling Dissolved Oxygen In Activated Sludge Systems, Jacek Makinia, Scott A. Wells

Civil and Environmental Engineering Faculty Publications and Presentations

The aim of this research was to show the impact of the flow conditions and variations in the aeration intensity on changes in the predicted dissolved oxygen (DO) concentrations in a full-scale activated sludge reactor. The Activated Sludge Model No. 1 was used to describe the biochemical processes. The studies were performed at the Rock Creek wastewater treatment plant in Hillsboro, OR (USA). The simulation results were compared with data originating from two 24-hour experiments. The model that best reflected the spatial and diurnal distributions of the DO concentrations was the one-dimensional advection-dispersion equation with a variable overall oxygen mass …

Running From The Law: Should Bounty Hunters Be Considered State Actors And Thus Subject To Constitutional Restraints?, Andrew D. Patrick

Vanderbilt Law Review

The issue of bounty hunter misconduct catapulted into the public spotlight in September, 1997, when a team of commando-like criminals who claimed to be searching for a bail-jumper gunned down a Phoenix couple in their own bedroom. Though the perpetrators' story was later uncovered as a hoax, and though the men would likely have been convicted of second-degree murder regardless of their profession,s their case and others like it aroused impassioned demands for bounty hunter regulation and, more radically, constitutional restraints on the bail bond industry.

Constitutional protections are applicable only against the government and "state actors." Bounty hunters have …

Separate But Not Sovereign: Reconciling Federal Commandeering Of State Courts, Tonya M. Gray

Vanderbilt Law Review

"The question is not what power the federal government ought to have but what powers in fact have been given by the people." Determining the division of power between the states and the federal government has been a debated issue throughout constitutional jurisprudence. Indeed, "[n]o problem has plagued the nation's constitutional history more." In joining the union, the states relinquished power to the federal government. The states were not left without power, as the Tenth Amendment guarantees that powers not enumerated to the federal government or restricted from the states are retained by the states. The broad language of the …

Public Health And Private Medicine: Regulation In Colonial And Early National America, Nissa M. Strottman

UC Law Journal

Historians are currently debating the role of regulation in eighteenth- and nineteenth century American public policy. Among the issues involved in this debate are the prevalence of regulation and the emerging distinction between private and public law. One historian, Morton Horwitz, has argued that the separation between private and public law, which resulted in less government regulation of commercial activities occurred early in the nineteenth century. In contrast, William Novak argues that regulation was pervasive in eighteenth- and nineteenth-century America, and that the split between private and public law did not occur until the 1870's.

This not addresses this historiographical …

Pigeonholing Illness: Medical Diagnosis As A Legal Construct, Lars Noah

UC Law Journal

Disease definitions and clinical judgments routinely affect coverage and reimbursement decisions by health insurers, the licensing determinations of regulatory agencies charged with reviewing new therapeutic technologies, evidentiary and substantive rulings by the judiciary in personal injury lawsuits and criminal trials, eligibility decisions in disability programs, and the resolution of claims before workers' compensation tribunals. This reliance on the definition and identification of disease by the medical profession fails to appreciate the extent to which our conceptions of illness are socially constructed rather than based on value-neutral scientific data and the application of technical expertise.

Just as social forces shape medical …

Procompetitive Theories Of Vertical Control, Andy C. M. Chen, Keith N. Hylton

UC Law Journal

No abstract provided.

The Supreme Court And Public Law Remedies: A Tale Of Two Kansas Cities, Wendy Parker

UC Law Journal

Forty-plus years after Brown v. Board of Education, hundreds of should reconsider the validity of applying different legal standards to different types of vertical restraints, and should instead replace rigid doctrinal categories with a functionally-oriented "rule of reason" analysis.

In Defense Of Dissents, William J. Brennan Jr.

UC Law Journal

No abstract provided.

Quo Vadis, Prospective Overruling: A Question Of Judicial Responsibility, Roger J. Traynor

UC Law Journal

No abstract provided.

Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande

UC Law Journal

No abstract provided.

Punitive Damages: On The Path To A Principled Approach, Jane Mallor, Barry S. Roberts

UC Law Journal

No abstract provided.

Proving The Obvious: The Antitrust Laws Were Passed To Protect Consumers (Not Just To Increase Efficiency), Robert H. Lande

UC Law Journal

No abstract provided.

Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera

UC Law Journal

No abstract provided.

The Judicial Politics Of White Collar Crime, J. Kelly Strader

UC Law Journal

White collar crime cases produce a curious paradox in Supreme Court jurisprudence: in a substantial number of the Court's leading white collar criminal cases, ranging from insider trading to political corruption cases, the "liberal" justices have voted to affirm convictions, and the "conservative" justices to reverse them. Even more frequently, these cases have produced strange alliances among the liberals and conservatives, who rarely split into such groupings in non-white collar criminal cases. And it is not merely votes and alliances that change in white collar cases; judicial philosophies, attitudes, and rhetoric transmogrify into a veritable twilight zone of Supreme Court …

Future Of Telecommunications, The Future Of Telecommunications Regulation, The, Eli M. Noam

UC Law Journal

No abstract provided.