Digital Commons Network^™

Strict Liability For Abnormally Dangerous Activity: The Negligence Barrier, Gerald W. Boston

San Diego Law Review

My main thesis is that the doctrine of strict liability for abnormally dangerous activity (which I sometimes refer to by the acronym SLADA), memorialized in sections 519 and 520 of the Restatement (Second) of Torts,' has evolved to the point of near extinction because courts have concluded that the negligence system functions effectively to deter the serious risks posed by the activities involved. The Restatement (Second) provides that strict liability is inapplicable when the high degree of risk can be eliminated by the exercise of reasonable care.2 The evidence demonstrates that courts are increasingly making precisely that finding, usually without …

The Rule In A Contribution Action Between Third-Party Insurers Wherein The Plaintiff Insurer Seeks Reimbursement Of Defense Costs From The Defendant Insurer After A Collusive Fraud On The Plaintiff Insurer Under California Law

San Diego Law Review

This Comment addresses five sub- issues, as follows:

1. Does or should an insurer have a duty to defend when it "knows" that the insured is involved in collusive fraud? 2. Assuming there is "substantial" but inconclusive evidence of collusive fraud, does an insurer who refuses to defend thereby commit a breach of duty? 3. In connection with a contribution action, are there any "gatekeeper" duties owed by the payer to the non-payer which must be satisfied? 4. Given that the non-payer denied coverage on the basis of collusive fraud, what must be proven in a subsequent contribution action? 5. …

Birbrower, Montalbano, Condon & Frank, P.C. V. Superior Court: A Defensible Outcome, But A Striking Example Of The Need To Reform Unauthorized Practice Of Law Provisions

San Diego Law Review

The comments of then-Governor Pete Wilson perhaps echo a commonly held, nationwide belief: the State Bar of California is arrogant.2 If the State Bar of California has been perceived historically as aloof, then the Supreme Court of California created a public relations nightmare-indeed, threw gasoline on a simmering inferno-with its recent opinion in the case of Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court ("Birbrower If').' In Birbrower II, the court held that a New York law firm was unable to collect the majority of its fees,

which exceeded one million dollars, because some of its attorneys- none of …

The Devil Made Me Do It: Replacing Corporate Directors' Veil Of Secrecy With The Mantle Of Stewardship, Constance E. Bagley, Karen L. Page

San Diego Law Review

This Article argues that the nature of the corporate form coupled with an exclusive focus on shareholder value leads to economically and socially inefficient results. The "profit maximization" view of directors' duties ignores the historical reasons why corporations were given special privileges, such as limited liability, by the state. This narrow view should be replaced with a doctrine of stewardship that imposes a more comprehensive view of the corporation's and directors' responsibility to manage the vast resources held in corporate form. This broader view is consistent not only with the values of a free market economy, but also with modem …

Real-Time Remote Sensing Of Snowmobiles Emissions At Yellowstone National Park: An Oxygenated Fuel Study, 1999, Jerome A. Morris, Gary A. Bishop, Donald H. Stedman

Fuel Efficiency Automobile Test Publications

No abstract provided.

Intelligent Control Strategies For An Autonomous Underwater Vehicle, Paul Jason Craven

School of Engineering, Computing and Mathematics Theses

The dynamic characteristics of autonomous underwater vehicles (AUVs) present a control problem that classical methods cannot often accommodate easily. Fundamentally, AUV dynamics are highly non-linear, and the relative similarity between the linear and angular velocities about each degree of freedom means that control schemes employed within other flight vehicles are not always applicable. In such instances, intelligent control strategies offer a more sophisticated approach to the design of the control algorithm. Neurofuzzy control is one such technique, which fuses the beneficial properties of neural networks and fuzzy logic in a hybrid control architecture. Such an approach is highly suited to …

Modelling Of Swash Zone Sediment Transport On Coarse Grained Beaches, Eur Ing Erik Van Wellen

School of Engineering, Computing and Mathematics Theses

A review is presented which assesses the importance of the swash zone as a potential contributor to the longshore and cross-shore transport on steep coarse-grained beaches. Based on this review it is apparent that the swash zone on such beaches forms an important contributor to both the longshore and the cross-shore transport. The review also identifies that the swash zone is neglected in all but a few sediment transport models. In addition, a lack of available shingle beach field data against which to validate existing and new transport models is also reported. Two surf zone integrated equations are presented with …

Human Control Of Robotic Mechanisms: Modelling And Assessment Of Assistive Devices, Cathy-Ann Leonie Radix

School of Engineering, Computing and Mathematics Theses

The prescription and use of Assistive Technology, particularly teleprostheses, may be enhanced by the use of standard assessment techniques. For input devices, in particular, existing assessment studies, most of which are based on Fitts' Law, have produced contradictory results. This thesis has made contributions to these and related fields, particularly in the following four areas. Fitts' Law (and background information theory) is examined. The inability of this paradigm to match experimental results is noted and explained. Following a review of the contributing fields, a new method of assessing input devices is proposed, based on Fitts' Law, classical control and the …

Reducing The Computational Effort Associated With Evolutionary Optimisation In Single Component Design, Harish Dhanji Vekeria

School of Engineering, Computing and Mathematics Theses

The dissertation presents innovative Evolutionary Search (ES) methods for the reduction in computational expense associated with the optimisation of highly dimensional design spaces. The objective is to develop a semi-automated system which successfully negotiates complex search spaces. Such a system would be highly desirable to a human designer by providing optimised design solutions in realistic time. The design domain represents a real-world industrial problem concerning the optimal material distribution on the underside of a flat roof tile with varying load and support conditions. The designs utilise a large number of design variables (circa 400). Due to the high computational expense …

Management Of Change In The Irish Construction Industry, Louis Gunnigan

Masters

Ireland is changing and this change is nowhere more apparent than in the rapidly growing construction industry. The industry is being forced to change at an unprecedented pace. This thesis sets out to develop a framework on which construction organisations can approach and manage change.

It examines the issues that will cause change, reviews the available literature to find how change can be managed and controlled, and develops a model for guiding change programmes in the construction industry. The model is tested against three case studies, the first two of which are concerned with finding increases in efficiency and demonstrating …

A Fibre Optical Strain Sensor, Thomas David Paul Allsop

School of Engineering, Computing and Mathematics Theses

Strain-sensing elements, fabricated in standard communications-grade single mode optical fibre, are increasingly being considered for application in structural health monitoring. The reason for this is the numerous advantages demonstrated by these devices compared with traditional indicators. This thesis describes work carried out on optical sensors at the University of Plymouth. The aim of this work was to achieve an optical fibre strain sensing system capable of measuring absolute strain with good resolution and having wide dynamic range, without bulky optical equipment and not susceptible to misalignment due to handling. Earlier work was devoted to study on an intrinsic Fabry-Perot interferometric …

Trauma Stress Severity And Road Traffic Accidents: A Prospective Pilot Study Into 11 Causal Factors, Louise Horner-Baggs

School of Psychology Theses

Factors associated with the development of post traumatic stress symptomatology have frequently been reported in the literature over the last decade. However, of the empirical studies examining these factors, few have used appropriate methodological designs and most have examined one factor in isolation. This pilot study used a cross-lagged panel analysis design to investigate 11 factors previously identified in the literature as being causally related to the development of post traumatic stress symptomatology. The 11 factors investigated were: perceived controllability, perceived predictability, perceived threat, shattering and confirmation of core assumptions, causal attributions, supportive and unsupportive behaviour, peritraumatic dissociation and the …

Rapid Clock Recovery Algorithms For Digital Magnetic Recording And Data Communications, Paul Michael Smithson

School of Engineering, Computing and Mathematics Theses

The 1990's may well be considered as the era of information technology, with the prevalence of computers, digital communications and hence the need for data storage. Diverse data storage media have been introduced, such as silicon (flash memory) [3] and the CD (Compact Disk) [4], however improvements in magnetic recording has resulted in magnetic media as the prominent leader in mass storage technology. With improvements to the storage medium, the read/write heads and the channel electronics, the capacity of magnetic rigid disks has approximately doubled every 3 years (period 1960-90) [5]. These improvements to the channel, coupled with fast data-access …

Front Matter

The Writing Center Journal

No abstract provided.

Lessons Of Inscription: Tutor Training And The "Professional Conversation", Peter Vandenberg

The Writing Center Journal

No abstract provided.

Addressing Genre In The Writing Center, Irene L. Clark

The Writing Center Journal

No abstract provided.

"Little Teachers," Big Students: Graduate Students As Tutors And The Future Of Writing Center Theory, Connie Snyder Mick

The Writing Center Journal

No abstract provided.

Censoring Students, Censoring Ourselves: Constraining Conversations In The Writing Center, Steve Sherwood

The Writing Center Journal

No abstract provided.

Modelling The Fisheries Of Lake Manzala, Egypt, Using Parametric And Non-Parametric Statistical Methods, Medhat Mohamed Ahmed Abdelaal

School of Engineering, Computing and Mathematics Theses

Much attention has been given to the economic aspects of the fisheries in Egypt, while building a statistical or mathematical model for fish production has received little attention. This study is devoted to a comprehensive assessment of Lake Manzala fisheries; past, present and future. Lake Manzala is one of the main fisheries resources in Egypt, and there is evidence that the fisheries have been over-exploited in recent years. The study objectives were to determine the factors that affect fish catches by individual vessels, to compare between parametric and non-parametric models of the fish catches, and to produce a mathematical model …

Advanced Magnetic Thin-Film Heads Under Read-While-Write Operation, Frank Zhigang Wang

School of Engineering, Computing and Mathematics Theses

A Read-While-Write (RWW) operation for tape and/or potentially disk applications is needed in the following three cases: 1. High reliability; 2. Data servo systems; 3. Buried servo systems. All these applications mean that the read (servo) head and write head are operative simultaneously. Consequently, RWW operation will require work to suppress the so-called crossfeed field radiation from the write head. Traditionally, write-read crossfeed has been reduced in conventional magnetic recording heads by a variety of screening methods, but the effectness of these methods is very limited. On the other hand, the early theoretical investigations of the crossfeed problem concentrating on …

Waterford Crystal: The Chairman's Challenge, Gerry Mortimer

Case studies

As he eased his car out the gates of Castlemartin on a lovely evening in May 1995, Redmond O’Donoghue mused on the meeting which had just finished. Dr A.J.F. O’Reilly, non executive Chairman of Waterford Wedgwood Plc, had brought senior management of the group to his Irish residence in County Kildare for an informal discussion on future strategy. The group comprised two distinct major subsidiaries, Waterford Crystal which produced crystal glass and Josiah Wedgwood whose main business was ceramic tableware. Redmond was Chief Operating officer of Waterford Crystal. With the impending retirement of the current Chief Executive, Paddy Galvin, Redmond …

Dear Teachers: Please Help My Kids Become Readers, Chris Crowe

Faculty Publications

Dear Mr. or Ms. English Teacher:

I hope that by the time this arrives the hectic first days and weeks of school are behind you and that you are settled into the work that you and I both love teaching young people about writing, language and of course, literature. I have a keen interest in your work this year, not just because I, too, am a teacher, but also because three of my children are in your English classes. Joanne, my youngest, is in eighth grade and looking forward to her last year of middle school. Carrie, a ninth grader, …

Using Xml To Network Distributed Analytical Instruments: Back To The Future?, Benjamin Jung, Damon Berry, Jane Grimson

Conference Papers

There has been a paradigm shift in medical informatics standards in recent years from the message-oriented approach to a more distributed systems approach. However, despite all the early promise of distributed applications, they haven't been widely adopted in the health domain for various reasons. As a result, despite an increasing need for a standardised distributed solution for analytical laboratory instruments, many implementers of instrument interfaces are still using proprietary serial interfaces which do not support distribution. The emergence of the eXtended Markup Language (XML) specification in 1998 revived the fortunes of the messaged oriented methodology. This paper presents a partial …

Developing Ireland As A Successful Garden Tourism Destination, Catherine Elizabeth Gorman

Conference papers

The marketing of Ireland as a garden destination has been evolving over the past six years. The complexity of Ireland’s history and modern circumstances have led to the demise of Irish gardens over the past three centuries. An initiative entitled The Great Gardens of Ireland Restoration Programme has been operated under the Operational Programme for Tourism 1994-99 which has been funded by the European Union. The outcome of the scheme has been twofold; the funding has rescued a significant part of Irish heritage and history; it has provided many new comprehensive tourist attractions to both the domestic and overseas market. …

Las Mujeres De Oro, Benjamin J. Nelson '99

Honors Projects

De un plato simple de bellotas durante una cena con algunos cabreros, el protagonista don Quijote se hace sentimental y filosfico y, a causa de esto, empieza a alabar poeticamente la Edad de Oro. Durante su discurso, este caballero pinta con sus palabras una utopia en que la humanidad vivia en armonia perfecta con la naturaleza fertil. Continuando con su descripci6n, comenta tambien sobre la relaci6n entre los hombres y las mujeres.

The Case Of Pearl S. Buck: Neglect And Abandonment Vs. Recognition And Recovery, Linda K. Adkins

Dissertations and Theses @ UNI

Pearls. Buck was the third American to win the Nobel Prize for Literature, the first American woman to win this Prize, and only the fourth woman in the world to do so. Taking into consideration the Nobel Prize and all the additional honors and awards Buck and her writing received, it is odd that she has been abandoned by American literary critics. Therefore, it is the goal of this thesis to identify reasons why Pearl Buck and her works have been neglected, and to provide significant reasons why she and her work should be recognized and studied. The first part …

Portfolio Assessment In High School Chemistry, Mark M. Laporte

Dissertations and Theses @ UNI

This is a report of one high school chemistry teacher's experience of implementing portfolio assessment in his classroom. This project was carried out using a teacher as researcher model. The chemistry classes were p1imarily composed of 11th grade students in a rural midwestern high school setting. This thesis reviews some of the literature regarding alternative assessment focusing particularly on the literature related to portfolio assessment. The chemistry portfolio design is explained in detail including a rationale for each of the portfolio elements. The teacher developed nine portfolio elements of which the students were required to complete five. The nine elements …

Juvenile Justice Professionals And The Goal Of Rehabilitation, Heather Bruch

Dissertations and Theses @ UNI

Numerous studies conducted over the past 20 years have suggested that support for rehabilitation in the criminal justice system has decreased. As a result of these findings, an increase in the examination of support for rehabilitation has occurred. According to much of the research on this issue, an important factor in the support of rehabilitation is the attitudes of criminal justice workers. The increasing prison populations are partially responsible for the heightened interest in this issue. It is believed by many that the attitudes of the workers in the criminal justice system have an effect on the success of the …

On-Road Remote Sensing Of Automobile Emissions In The Chicago Area: Year 2, Peter J. Popp, Gary A. Bishop, Donald H. Stedman

Fuel Efficiency Automobile Test Publications

No abstract provided.

Gender, Religion, Causal Attributions, And Correctional Orientations Among Juvenile Justice Personnel, Amy Lynn Lyons

Dissertations and Theses @ UNI

The purpose of this quantitative study is to examine the attitudes and orientations of juvenile justice personnel from four urban counties within the state of Iowa. The nonrandom sample used in the present study is secondary and originally collected for a larger study conducted by Leiber (1993). A closed-ended, self-report survey was administered to each respondent. The total sample for the present research is 263. The hypotheses guiding the present study are based on the assumption that women experience religion differently from men, and in turn, will blame society for youth crime and favor orientations supporting diversion.

Carol Gilligan (1982) …