Digital Commons Network^™

The West Digest System: The Ninth Circuit And The Montana Supreme Court, Fritz Snyder

Faculty Law Review Articles

This article analyzes the West Digest System. The article first describes the West Digest System. Next, the article compares Montana jurisprudence with that of the Ninth Circuit in light of numerical analysis of the West Digest System. Then the article discusses certain digest topics as reflections of American law. Finally, the article examines the curious symbiotic relationship between the West Digest System and the growth of American jurisprudence.

The Legal And The Ethical In Legal Ethics: A Brief Rejoinder To Comments On The Practice Of Justice, William H. Simon

Faculty Scholarship

We have here, not the clash of opposites, but a series of family quarrels within what you might call the Party of Aspiration in legal ethics. My seven allies and I all favor lawyers' ethic of more complex judgment, and more responsibility to nonclients than the currently dominant one. The differences among us are not large from the broadest perspective, but they involve issues that are quite important to the elaboration of the sort of alternative ethic we would like to see.

I am enormously grateful for the care and attention the commentators have taken. They have frequently stated my …

Exploiting Expertise Through Knowledge Networks, Michael N. Huhns, Larry M. Stevens

Faculty Publications

The paper discusses the necessary capabilities of knowledge networks: categorizing (the ability to classify Web pages and other unstructured data automatically); hyperlinking (the ability to add to each item of information appropriate pointers to other relevant items of information); alerting (the automatic notification of users and agents to new information that might be of interest to them); and profiling (the construction of models of users and agents to describe their interests and expertise).

Negotiating For Goods And Services, Michael N. Huhns, Anuj K. Malhotra

Faculty Publications

Can a negotiation protocol be both fair and “envy-free” when more than two agents are involved? The authors consider how envy-free apportioning is more difficult than fair apportioning, but both can help to manage critical resources. They discuss an envy-free protocol and agent-based Web auctions.

Networking Embedded Agents, Michael N. Huhns

Faculty Publications

Most of us will soon be managing an intranet in our homes, though we might not realize it. We might also be surprised at the devices that will be networked together. Just about every electrical device now contains one or more microprocessors. Designers typically find this a cost-effective way to provide device functionality, even when much of a processor's power is unnecessary or unused. For example, my coffee maker contains a processor, even though the appliance needn't be very smart and wastes most of its CPU cycles. Nevertheless, it is cheaper to include a general-purpose microprocessor than to incorporate custom …

Benevolent Agents, Michael N. Huhns, Abdulla Mohamed

Faculty Publications

Some agents roaming the Web these days are benevolent-for example, they may clean up stalled or failed database transactions, or share query results that may have cost substantial resources to acquire and might consume more to share. The Agent Behavior Testbed is a tool for studying the economics of agent altruism. As more agents hit the Internet, benevolence and cooperation will help with overall efficiency and productivity. The paper discusses benevolent agents on the Web.

Empirical Methods In Antitrust Litigation: Review And Critique, Jonathan Baker, Daniel Rubinfeld

Scholarly Articles in Law Reviews & Journals

The use of empirical methods in antitrust has been growing at an exponential rate. It is now commonplace for multiple regression and other statistical methods to be utilized in merger cases, especially those involving predictions of the price increases that may result from the strategic decisions of the merging firms. These methods are also prominently employed in civil nonmerger investigations by the federal antitrust enforcement agencies (including price fixing, monopolization, and exclusive dealing cases) and in private litigation (including damage claims and class action suits). This article surveys the methodologies that have been used and the range of questions that …

Policy Watch: Developments In Antitrust Economics, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

During the late 1970s and 1980s, the federal courts transformed antitrust rules and the federal enforcement agencies altered their case selection criteria in response to theories developed by industrial organization economists. These developments in economic thinking, often associated with the Chicago school, led current antitrust law and practice toward a greater skepticism about the relationship between market concentration and market power and a greater recognition of the possible efficiency-enhancing role of vertical agreements (contracts between firms and their customers or suppliers) than was present in the 1950s and 1960s.This survey will begin where those developments leave off by highlighting more …

Backcalculation Of Pavement Layers Moduli Using Three-Dimensional Nonlinear Explicit Finite Element Analysis., Gergis W. William

Graduate Theses, Dissertations, and Problem Reports (ETD)

After reviewing the existing literature on FWD testing and backcalculation algorithms, a new backcalculation approach based on Three Dimensional Finite Element Modeling (3D FEM) was developed. This approach accounts for the transient dynamic nature of FWD load, the three dimensional geometry of the pavement structure, and the friction and bonding characteristics of pavement layers interfaces. The 3D FEM backcalculation approach was used to backcalculate the layers moduli of flexible, rigid, and composite pavement sites located in West Virginia. The layers moduli of each site were also evaluated using three widely used backcalculation algorithms: MODULUS, EVERCALC, and MODCOMP. Comparison of their …

Uneven Development Of Nature: An Historical Geography Of Ohiopyle State Park., Richard James Hoch

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis examines the use of nature in the uneven development of Ohiopyle State Park, located sixty miles to the southeast of Pittsburgh, Pennsylvania. The production of this park resulted from a complex system of socio-spatial relationships that existed between Ohiopyle and Pittsburgh during the city's industrialization. The thesis has two objectives: (1) to demonstrate that the park is a space of produced nature, resulting from decades of human activity; and (2) to illustrate the various ways in which the production of this park is an extension of the production of the Pittsburgh industrial space. The thesis addresses these objectives …

"They Don't Throw, They Turn; They Don't Fire, They Burn": Place And Identity In Seagrove, North Carolina., Li-Ting Hung

Graduate Theses, Dissertations, and Problem Reports (ETD)

Recent Scholarship in geography explores the cultural identity of place by analyzing literature, music and art, but few scholars have studied pottery art, one of the oldest forms of art making. This study of Seagrove, a small central North Carolina town with a long tradition of locally produced pottery, examines the way place identity develops, is presented, takes multiple forms, and is contested through pottery art. Further, it explores the concept of institutionalized place identity by analyzing the impact of a new Pottery Center and Museum in this town. The research has carried out by means of open-ended interviews with …

Using Conventional Wireline Logs To Generate Magnetic Resonance Imaging (Mri) Logs: A Feasibility Study., Mark Robert Richardson

Graduate Theses, Dissertations, and Problem Reports (ETD)

Magnetic Resonance Imaging (MRI) is used in logging to provide the log analyst an additional tool in establishing reservoir characteristics. Magnetic Resonance Imaging Logging (MRIL) provides information on the Free Fluid, Irreducible Fluid, Total Porosity, Effective Porosity, and Permeability that is far more accurate than Conventional Wireline Log interpretation, enabling better completion practices that will further enhance total recovery. What this feasibility study seeks to show is that by using Neural Networks, it is possible to generate synthetic MRI Logs using conventional Wireline Log data. This study also demonstrates that this practice is possible in different reservoirs having entirely different …

Does Culture Translate: Can We Make The Words Our Own?, Kathleen C. Gallivan

Graduate Theses, Dissertations, and Problem Reports (ETD)

A collaborative effort between the Departments of Theatre and Foreign Languages, the study, using ethnographic techniques, documents the process of developing cultural awareness of a young group of actors as they rehearsed a post Spanish Civil War play. Analysis of data collected over five weeks through interviews, a demographic questionnaire, and observations by both the thesis director and the researcher reveal that with motivation and a little guidance students will connect, and further, understand another culture. These findings are significant since the use of theatre in this fashion offers a means to motivate students and peak interest in target culture, …

Wvu: Interactive Web-Based Distance Learning Tool., Naga Raju Bussa

Graduate Theses, Dissertations, and Problem Reports (ETD)

Learning is a process of integrating the new and unfamiliar with the complex, pre-existing structure of knowledge that exists within an individual’s mind. Education, which takes place while the educator and learner are separated by time, distance, or both, is defined as Distance Education. The demand for educational software is growing exponentially with the surge of interest in educational reform, the Internet and Distance Education. The use of Internet and specifically the World Wide Web (Web) as a media for distance education is an evolving solution to the problem of increasing numbers of students in the University setting. To meet …

The Relative Efficacy Of Computer Assisted Instruction., Dane Edward Huxford

Graduate Theses, Dissertations, and Problem Reports (ETD)

This manuscript examines the relative efficacy of computer assisted instruction (CAI). A review of literature is examined with regard to the positive and negative aspects of the use of CAI in the university classroom. An experimental design was outlined incorporating the use of 3 teachers instructing 3 separate sections of volunteer students on a topic. The design measured the differences between affective learning, cognitive learning and student perceptions of teacher nonverbal immediacy. Participants were randomly assigned to a class, which utilized either: lecture, handout or the use of CAI. Results showed significant differences between teachers and a slight difference in …

The Effects Of An Internet Skill-Building Module On Safety And Environmental Graduate Students' Internet Anxiety, Likelihood To Use The Internet, And Learning Internet/Intranet Content., David A. Ealy

Graduate Theses, Dissertations, and Problem Reports (ETD)

The use of technology in training has grown a great deal over the past five years, and the tools have improved which has produced several changes in the way training is being designed and delivered. These delivery methods include the Internet, and electronic performance support systems. Today's trainers must possess a different set of skills needed to perform in an increasingly technological environment. At the present time, little research is available on the effects of Internet anxiety, and most of the related research revolves around computer anxiety. The study was designed to examine the effects of an Internet Skill-Building Module …

A Qualitative Study Of Five West Virginia K-12 Ruralnet Project Teachers Merging The Internet Into Their Instruction And How The Internet Affects Professional Practice., David A. Falvo

Graduate Theses, Dissertations, and Problem Reports (ETD)

This qualitative study explores the day-to-day classroom work of five West Virginia K–12 RuralNet Project teachers, highlighting the drama of integrating technology into learning and showing how these teachers build and refine relationships to foster their sense of professionalism, through the use of technology. This study shows how teachers use the Internet as an instructional resource and as a tool for connecting to other people within and outside of the learning community. The participants of this study began to learn new technology skills during the summer of 1995. Today, they are integrating Internet technology into their daily teaching and planning …

A Distributed-Memory Implementation Of Kiva-3 With Refinements For Large Eddy Simulation., Aytekin Gel

Graduate Theses, Dissertations, and Problem Reports (ETD)

In spite of the tremendous advancement of computer technology within the last decade, today's grand challenge problems are still beyond the numerical simulation capability of the most state-of-the-art hardware. Fluid dynamics problems involving the prediction capability for turbulent flows represent one example for such situations. Large eddy simulation (LES) is a viable alternative to direct numerical simulation (DNS) of turbulent flows due to the fact that certain portion of the detailed small-scale information resolved in DNS is suppressed in LES technique in order to make the computational problem more tractable. However, even with LES, today's challenging problems require accurate schemes …

An Assessment Of Organizational Effectiveness: A Study Of West Virginia Watershed Associations., Sarah A. Cline

Graduate Theses, Dissertations, and Problem Reports (ETD)

Recently, federal and state government agencies have advocated a watershed approach to deal with water pollution issues. This approach addresses water quality and use on a watershed level and advocates public participation in watershed protection issues. In many communities, watershed associations have formed as an avenue for public involvement in a watershed approach. This thesis examines factors impacting watershed association effectiveness in reaching their intermediate goals (activities conducted and financial resources obtained for watershed protection) to achieve their final outcomes. Factors effecting the formation of watershed associations are also examined. Both analyses are conducted at the watershed level using the …

An Analysis Of The Trends In Energy Conservation Studies Of The Iac Program., Nithya Sundararajan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Small and medium-sized manufacturing plants (those with fewer than 500 employees) represent more than 98 percent of the more than 374,000 establishments in the U.S. manufacturing industry, 64 percent of employees in the total manufacturing labor force, and more than 42 percent of total manufacturing energy consumption. In 1976 the federal government started funding industrial energy audits for small and medium sized manufacturing firms under the auspices of the Industrial Assessment Centers (IAC) that are spread throughout the U.S. The data collected from the hundreds of energy audits that are conducted each year is collected in a database maintained by …

Time-Resolved Reflection High-Energy Electron Diffraction Study Of The Ge(111)-C(2×8)-(1×1) Phase Transition, Xinglin Zeng, Bo Lin, Ibrahim El-Kholy, Hani E. Elsayed-Ali

Electrical & Computer Engineering Faculty Publications

The dynamics of the Ge(111)-c(2×8)-(1×1) phase transition is investigated by 100-ps time-resolved reflection high-energy electron diffraction. A laser pulse heats the surface while a synchronized electron pulse is used to obtain the surface diffraction pattern. Slow heating shows that the adatoms in Ge(111)-c(2×8) start to disorder at ∼510 K and are converted to a disordered adatom arrangement at 573 K. For heating with 100-ps laser pulses, the Ge(111)-c(2×8) reconstructed adatom arrangement starts to disorder at 584±16K, well above the onset temperature of ∼510 K for the disordering of Ge(111)-c(2×8) observed for slow …

Réalisation De Couches Minces De Cualse² Par Recuit De Feuilllets Superposés Cu/Al/Se/Al…, Étude De Conditions De Dépôt, C.O. El Moctar, S. Marsillac, J. C. Bernede, A. Conan, K. Benchouk, A. Khelil

Electrical & Computer Engineering Faculty Publications

Thin layers of Cu/Al/Se/Al/Cu/Al/Se/…/Al/Se sequentially deposited have been annealed half an hour at 855 K. CuAlSe₂ thin films crystallized in the chalcopyrite structure are obtained. The films being contaminated by oxygen, the experimental deposition conditions of the aluminum layer have been improved in order to decrease the atomic concentration of oxygen below 5 at%. Such results can be obtained in vacuum of 10^-4 Pa, when the aluminum deposition rate is 1 nm/s and when the layer is immediately covered after deposition. Films obtained in such a way are nearly stoichiometric with lattice parameters in accordance with the expected …

The Impact Of The Internet On Democratic Discourse, Dalia K. Hamed

Dissertations and Theses @ UNI

The Internet has demonstrated the ability to empower its users by giving them more accurate information about matters of political, professional, and organizational concerns. While many believe that the Internet will fundamentally change political discourse, others argue that it is just another communications tool among many that may affect how governments function, but it will not affect democratic discourse. The thesis argues that unless some requirements are met, the Internet potential as a new democratic forum will not be fulfilled. Concepts such as freedom of speech, democracy, and democratic communication are essential to analyzing the potential use of the Internet …

The Impact Behavior Of Austempered Ductile Iron At Sub-Zero Temperatures, Mikhail V. Riabov

Dissertations and Theses @ UNI

The objective of this study was to investigate impact properties of ASTM A897 Austempered Ductile Iron (ADI) grades 125/80/10, 150/100/7, 175/125/4, 200/155/1 and 230/185/- tested at sub-zero temperatures. Final results were compared to impact toughness of ferritic ductile iron (DI) grade 60-40-18 and pearlitic DI grade 100-70-03.

Two series of experiments were conducted: in the first series unnotched specimens of each ADI grade along with ferritic DI grade 60-40-18 and pearlitic DI grade 100-70-03 comparative samples were tested at temperatures of -40°C and -60°C. V-notched samples of ADI grade 1 and ADI grade 5 were tested in the second series …

Degradation Of Explosives In Solution Using Bacteria, A Fungus (Phanerochaete Chrysosporium), Titanium Dioxide, Ozone, And Electrochemical Peroxidation, Stéphane Debost

Dissertations and Theses @ UNI

As a result of munitions manufacturing and decommissioning, explosive compounds have contaminated groundwater and soils at many sites throughout the U.S. and worldwide. Three of the most commonly occurring explosive contaminants are TNT, ROX, and HMX. Many processes, biological as well as physical, have been developed to remediate the contaminated material. But feasibility studies rarely take into account the three contaminants at once. We chose four of the technologies used to remediate explosives-contaminated water and studied comparatively their effectiveness and efficiency in degrading TNT, ROX, and HMX in solution at their maximal solubilities. The chosen technologies were bacterial and fungal …

Classification Of Participants Into Two Health Resource Utilization Groups By The Health Enrollment Assessment Review (Hear) Survey, Jody W. Donehoo

Health Services Research Dissertations

The study examined the ability of the Health Enrollment Assessment Review (HEAR) survey instrument to classify participants into one of two groups according to utilization of health resources anticipated in the following year. Developed by the U.S. Air Force, the HEAR survey is used worldwide by the Department of Defense for enrollees in TRICARE Prime, the military's adaptation of the HMO model of managed care. Individual HEAR reports are prepared for survey participants and their primary care providers in TRICARE Prime. Although it is currently administered worldwide to a majority of the 8.4 million health care beneficiaries of the Department …

The Legend Of Bill Dark: Guerrilla Warfare, Oral History, And The Unmaking Of An Arkansas Bushwhacker, Michael A. Davis

Faculty Publications and Presentations

No abstract provided.

The Benefits And Risks Of Going It Alone, Michael B. Gerrard

Faculty Scholarship

Brownfield projects are essentially real estate developments with a twist, and the old real estate adage certainly applies: "Location, location, location." But if time is the fourth dimension, then time is also the fourth element in a successful brownfield project – preferably, spending as little of it as possible.

The timing of standard governmental cleanup processes is simply incompatible with many kinds of real estate projects. Forget about cleanups of National Priorities List (NPL) sites under the U.S. Environmental Protection Agency's National Contingency Plan (NCP); those take on average almost twenty years to complete. But even many state voluntary cleanup …

Experience As Text: The History Of Externship Pedagogy At The Washington College Of Law, American University, Ann Shalleck, Peter Jaszi, Marlana Valdez, Susan D. Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Technology, Professional Practice, And Ethics: Survey Findings And Implications, Mark R. Mcminn, Trey Buchanan, Brent M. Ellens, Molly K. Ryan

Faculty Publications - Doctor of Psychology (PsyD) Program

If a psychologist loses treatment records because of a computer failure, is it an ethical violation? The widespread growth of technology has outpaced the development of ethical standards for questions such as this, resulting in areas of uncertainty for psychologists. Four hundred twenty psychologists in independent practice rated the ethicality and their frequency of using 40 technologies. Technologies pertaining to the support functions of a psychologist's office are commonly used, but those technologies directly affecting clinical services are rarely used. More than half of the 40 items received equivocal ratings on ethicality, suggesting psychologists need guidelines and training for the …