Digital Commons Network^™

Going Private: Technology, Due Process, And Internet Dispute Resolution, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Despite cliches about Internet speed, disputes that arise on and about the Internet can be time-consuming to resolve, legally murky, and factually complex. In response, Internet players with market power are opting out: mandatory arbitration is replacing both substantive law and court procedure, and technological remedies are providing self-help without any dispute resolution at all. These alternative procedures tend to move faster than courts and to cost their corporate creators less than lawsuits. They are also structured to maximize the success of the powerful. But faster is not always better. Cheap is not always fair or accurate. Market power is …

The 1960 Presidential Election In Florida: Did The Space Race And The National Prestige Issue Play An Important Role?, Randy Wade Babish

UNF Graduate Theses and Dissertations

The landmark launch of Sputnik on October 4, 1957, and the subsequent perception that the United States trailed the Soviet Union, not only in space but also in missiles, plagued the Eisenhower Administration for the rest of the decade. The Democratic Party strategy for the 1960 presidential election included using the space race, the alleged missile gap, and declining American prestige abroad to illustrate the need for new leadership in the White House. Senator John F. Kennedy, the Democratic nominee, effectively raised these issues throughout the general election to support his "New Frontier" program and won by the narrowest popular …

Individual Differences In Cognitive Performance Relating To Non-Pathological Sleep Parameters In The Presence Of A Stressor, Theresa Marie Lagman

UNF Graduate Theses and Dissertations

Non-pathological sleep parameters in relation to cognition among individuals who do not qualify as having sleep disorders or who are not subjected to extended periods of total sleep deprivation have not been adequately investigated in previous studies. The current study investigates the influence of circadian typology (morning-type vs. evening-type individuals), time of session (AM vs. PM), habitual sleep practices (sleep hygiene), sleep quality, life stress, and the presence of an acute stressor on sustained attention, memory, and mental rotation performance. Several main effects emerged for individual variables above; however, the data failed to reveal significant interactions among these variables. The …

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Publications

No abstract provided.

Symposium Presentation: Doing Internet Co-Branding Agreements, Eric Goldman

Faculty Publications

Co-brand agreements are what I do. I am the self-titled "King of CoBrands," as this is what I've been doing with my life.

So, let's talk a little about co-branding agreements and about why they might matter. First let's define our terms.

Now, where there used to be one site, the provider site, there will be two sites, the provider site and co-branded site, which contains the branding of the portal, but contains all the same functionality, or similar functionality, as is in the provider's site.

Then the portal will drive traffic to this co-branding site, for purposes that we'll …

Unlv College Of Education Multicultural & Diversity Newsletter, Steve Mccafferty, John Filler, Nancy P. Gallavan, Le Ann Putney, Nancy Sileo, Kyle Higgins, Porter Troutman, Paul Meacham, Cyndi Giorgis, Aimee Govett, Jean Henry, Bill Pankratius, Lisa Bendixen, Joyce Nelson-Leaf

College of Education Multicultural & Diversity Newsletter

A newsletter discussing a variety of topics dealing with multicultural topics and diversity in education.

Unlv College Of Education Multicultural & Diversity Newsletter, Steve Mccafferty, John Filler, Nancy P. Gallavan, Le Ann Putney, Nancy Sileo, Kyle Higgins, Porter Troutman, Paul Meacham, Cyndi Giorgis, Aimee Govett, Jean Henry, Bill Pankratius, Lisa Bendixen, Rebecca Nathanson

College of Education Multicultural & Diversity Newsletter

A newsletter discussing a variety of topics dealing with multicultural topics and diversity in education.

Unlv College Of Education Multicultural & Diversity Newsletter, Steve Mccafferty, John Filler, Nancy P. Gallavan, Le Ann Putney, Nancy Sileo, Kyle Higgins, Porter Troutman, Paul Meacham, Cyndi Giorgis, Aimee Govett, Jean Henry, Lisa Bendixen, Jennifer L. Fabbi, Rebecca Nathanson

College of Education Multicultural & Diversity Newsletter

A newsletter discussing a variety of topics dealing with multicultural topics and diversity in education.

Driving In The Fairway Incurs No Penalty: Martin V. Pga Tour, Inc. And Discriminatory Boundaries In The Americans With Disabilities Act, Todd A. Hentges

Minnesota Journal of Law & Inequality

No abstract provided.

Senator Frank R. Lautenberg: From And For New Jersey, Stephen M. Greenberg

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Virtues Of Command And Control Regulation: Barring Exotic Species From Aquatic Ecosystems, Sandra B. Zellmer

Faculty Law Review Articles

The Clean Water Act asserts the ambitious goal of eliminating water pollution and protecting the chemical, physical, and biological integrity of U.S. waters. Yet the EPA, in enforcing the Act, currently exempts from regulation a significant source of pollution in U.S. waters: ballast-water discharges from commercial shipping vessels. Ballast water from commercial vessels is a primary vector for the introduction of exotic plant and animal species into U.S. waters. The invasion of these species poses an increasing threat to native biodiversity; the invaders prey directly on native fish and wildlife, compete for food and habitat, and introduce disease and parasites …

Using Comics To Teach Multiple Meaning Of Words, Robin Carin Stall

UNLV Retrospective Theses & Dissertations

The purpose of the study was to investigate the efficacy of using comics to teach the multiple meanings of words to students with language and learning disabilities. Three research hypotheses were tested: (1) there will be a statistically significant difference in learning multiple meanings of words between subjects who received instruction with comics and subjects who received instruction without comics; (2) there will be a statistically significant increase in the subjects' perceived abilities to learn and remember words with multiple meanings after instruction using comics; and (3) there will be a statistically significant change in the subjects' interest in reading …

The Effect Of Electrically Induced Strength Training On Triceps Brachii Strength, Kami Nicole Prince

UNLV Retrospective Theses & Dissertations

Twenty-seven apparently healthy females volunteered for the study to compare the effects of neuromuscular electrical stimulation (NMES) (N = 7), traditional isotonic weight training (N = 9) and NMES combined with isotonic weight training (N = 11) on triceps branchii strength. Strength was measured isotonically (1-RM) and isometrically (MVIC). The Weight and Weight/NMES groups performed 3 sets of 8 to 10 reps at 60% of 1-RM, 3 times per week. The NMES group received NMES 3 times per week. All groups were pre- and post-tested to determine 1-RM and Mvic Strength was also tested after four weeks, in order to …

Visitor Attitudes And Behaviors At A Park And Recreation Setting In Their Relation To Deteriorating Environments, Hong Chul Shin

UNLV Retrospective Theses & Dissertations

The purpose of this study was to evaluate attitudes and behaviors of parks and recreation visitors related to environmentally harmful behavior in fragile parks and recreation areas. T-Test and Chi-Square analyses are utilized in finding visitors' attitudes and behaviors. The findings of this study were to provide implications for management in the development of appropriate management actions.

The Effects Of Animated Practice On Mental Rotation Tests, Russell Winsor Smith

UNLV Retrospective Theses & Dissertations

Mental rotation tests have been used to study the underlying process of mental imagery. In an attempt to better understand the nature of mental rotation, this study looked at the effects of practice with using animated feedback. A group with animated feedback, a group with non-animated feedback, and a control group were compared using a pretest-posttest design. The combined practice groups performed significantly better than the control group on both reaction time and accuracy. However, there were no significant differences between the animated and the non-animated groups. The animated group did perform significantly better on the posttest than the control …

A Qualitative Investigation Of The Long -Term Effects Of A Staff Development Project On Two Middle School Science Teachers' Literacy Practices, Lisa Patel Stevens

UNLV Retrospective Theses & Dissertations

The focus of this study was to explore the changes in literacy practice that occurred after two middle school science teachers completed their participation in a long-term staff development project on content area literacy. There were two participants in this study, were a sixth-grade life science teacher in her 22nd year of teaching, and an eighth grade physical science teacher in her 4th year of teaching. Multiple data sources were collected, including field notes from the staff development meetings, interviews of participants and other school personnel, classroom observations, descriptive surveys, lesson plans, exit slips and evaluation forms; Qualitative methodologies were …

A Downward Spiral: Young People, The Media, And Political Disengagement, Jacqueline M Maloy

UNLV Retrospective Theses & Dissertations

This study examines whether political disengagement is related to the amount and/or type of television that young people watch. The study was conducted through survey research at University of Nevada, Las Vegas, with over one hundred undergraduate participants. It demonstrates that there is no relationship between the amount of television which students watch and their political engagement. However, it also demonstrates that there is a relationship between the types of television programs which students watch and their attitudes toward politics and politicians. Frequent viewers of local news feel less trusting toward the government in Washington, whereas frequent viewers of late-night …

Targeting Families And Teens: Television Violence On The Wb, Rick Brian Marks

UNLV Retrospective Theses & Dissertations

The author investigates the amount of violence contained within WB primetime programs in order to determine The WB's number of violent acts per program and per program hour as well as determine some of the possible effects of The WB's violence. The author sampled one week of WB primetime programming. A definition of violence similar to other violence studies was employed for comparability. The unit of analysis used for coding was the violent act. The author found all WB primetime programs to contain some violence. The most violent WB primetime program was "Buffy the Vampire Slayer" and the highest number …

Wounded Knee, 1973: Consummatory And Instrumental Functions Of Militant Discourse, Lucie Moya Melchert

UNLV Retrospective Theses & Dissertations

Little academic research exists of the American Indian takeover of the hamlet of Wounded Knee, South Dakota in 1973. This thesis is an analysis of the discourse of the Wounded Knee incident, which served dual purposes for the activists. First, American Indian discourse served as a reinforcing agent to American Indians, both at Wounded Knee and across the country. Second, the rhetoric was meant to effect change within the general American public. This thesis will adopt and expand on Randall Lake's 1983 theory of the consummatory function of rhetoric by dissecting the fascinating discourse that shaped the identity of the …

Dance In The Contemporary American Musical Theater: What Has Become Of The Dream Ballet?, Phoebe Ellen Newsted

UNLV Retrospective Theses & Dissertations

The dream ballet is defined. The discussion explains the inception, subsequent rise and eventual disappearance of the dream ballet. The research follows the development of the dream ballet and identifies its contributions to the American musical theater. The thesis specifically examines the amplification of the emotional realm of character and plot development, as elicited by the dream ballet; The study evaluates the void left today by the absence of the dream ballet in relation to an examination of the climate of contemporary American musical theater. The analysis explores the correlation between the decline of the dream ballet and the decline …

An Analysis Of Medical Futility Dilemmas, Eloise Angela Powell

UNLV Retrospective Theses & Dissertations

Medical futility has caused serious dilemmas in the fields of medicine and bioethics recently. It has become more confusing due to the use of high technological equipment and medicines that are given to prolong life and interrupt the natural process of death; Therefore, we have created a dilemma of medical futility. Until recently, not many steps have been taken to address futile or inappropriate care that is given to a large number of the population, but with healthcare costs rising substantially, the time has come when these issues must be addressed; This thesis will include a short history of medical …

Die Deutschen Enwanderer In Sacramento: German Immigrants In Sacramento, 1850--1859, Carole Cosgrove Terry

UNLV Retrospective Theses & Dissertations

The economic and political conditions in Europe pushed German immigrants from their homelands, while the gold rush in California pulled them with dreams of riches. Some came directly from Germany, some made an intermediate stop in the United States, but, after arriving in California, many went to Sacramento. A small nucleus of permanent residents created an ethnic community where they practiced the German tradition of Vereinswesen, supported each other economically through loans and ready employment and, led by their Turnverein, continued practicing their customs and rituals emphasizing frivolity and celebration as they had in the "fatherland." Rather than assimilate, they …

The Seer's Abacus, Sasha Megan Steensen

UNLV Retrospective Theses & Dissertations

Negative Capability is the capacity to subtract the self so that there is room to add the other. Simone Weil, John Keats, Jack Spicer and Emily Dickinson suggest that the poet ought to renounce the self so as to offer up her own voice as a sacrifice to the world. The poet who hopes to speak for others must become no Body so that she can become every Body---she must subtract so that she can add. Weil insists that in order to annihilate the self, one must pay close attention to something other than her own ego. The poet must …

On The Come: A Novel, David Smith Stevens

UNLV Retrospective Theses & Dissertations

A creative, book-length work of fiction written at the end of the 20 th Century, this dissertation invariably converses in narrative concerns common to contemporary fiction, such as character point of view, plot and theme; however, in a narrower focus, specific issues of story and story telling and their relations to personal identity are examined through the maturation of a protagonist. As members of any society, we witness events common to a percentage of the whole but the meaning assigned to the common event may vary for each individual. For example, an automobile accident is a single event; however, every …

The Biological Removal Of Phosphorus At The Clark County Sanitation District Wastewater Treatment Plant, Jon Robert Becker

UNLV Retrospective Theses & Dissertations

This research examines the influence of operating parameters on the enhanced biological phosphorus removal (EBPR) from the effluent of the Clark County Sanitation District (CCSD) wastewater treatment plant. Several parameters that influence EBPR were investigated, including wastewater composition: (e.g. BOD, nitrate, nitrite, ammonia, Total P, Ortho-P, alkalinity, pH), dissolved oxygen levels, oxidation reduction potential, microbiology, volatile fatty acid concentrations, fraction of P in wasted sludge, and nitrification levels. Analysis of nitrate and effluent phosphorus levels indicated a strong correlation between the two parameters. Very strong denitrification, evidenced by very low nitrate levels, produced nitrogen gas that lifted microbes into the …

Effects Of Location, Size, And Animation On The Response Rate To A Promotional Web Banner, Rhett Pono Ferguson

UNLV Retrospective Theses & Dissertations

The purpose of this study was to investigate the layout and design of promotional Web banners on a company home page. To accomplish this, three variables; location, size and animation were used to test their effect on the response rate to those banners. Response rates were calculated by dividing the total number of click-throughs to the banner by the total number of visits to the Web pages. In each case, a relationship existed between the variable and the response rate. The results of this study also show that both animation and size can have a positive effect on response rate. …

Communicating The Risks And Hazards Of Methylmercury To The Ojibwe Population, Glenna Lee

UNLV Retrospective Theses & Dissertations

Fatal poisonings due to the consumption of fish containing high concentrations of methylmercury have been well documented, and demonstrate that the consumption of mercury-contaminated fish and other organisms can contribute to adverse human health effects. Native Americans of the Great Lakes region are one of the populations potentially subjected to greater concentrations of methylmercury than the general population because fishery is an integral part of their culture. The purpose of this study is to investigate the Ojibwe of the Great Lakes region's understanding of the risks and hazards associated with the consumption of fish contaminated with methylmercury and increase their …

United States Population Policies And Environmental Ethics: Addressing Population Growth From The Biocentric Perspective, Philip Davis Macwilliams

UNLV Retrospective Theses & Dissertations

When the environmental movement began to surge in the 1960s, concerns were raised over the prospects of the U.S. population growing to an unsustainable level and causing irreparable harm to the environment and our quality of life. Unfortunately, population growth has not been given the priority it deserves not because it is not an important issue, but because of our failure to view population growth, and all environmental issues, from a biocentric outlook. It is this paradigm shift towards biocentrism that we as moral agents should be making and which will subsequently cause us to view population growth in a …

Hamlet: Red, An Adaptation, Noelle Christine Youngblood

UNLV Retrospective Theses & Dissertations

Hamlet: Red, an adaptation proposes an in-depth method of teaching Shakespeare's works by reconstructing the literature so it is relative to the cultural context of its students. This proposal focuses specifically on Hamlet as studied by at-risk middle schoolers. Beginning with a vital teacher-student rapport, the process continues through selection of a text based upon the dynamics of the students, analysis and rewriting of that text based upon its themes that relate to the students, and final production of the completed adaptation; Complexities arise when teachers, concerned with positively influencing each of their students, are faced with tremendous diversity in …

The Phenomenal Meaning Of Romantic Love, Howard Roden Giles

UNLV Retrospective Theses & Dissertations

The phenomenal meaning of romantic love is sought, using the descriptions of co-researchers. A brief discussion of the theoretical underpinnings of phenomenology is provided, and the methods of phenomenological psychology are outlined. The specific methods for arriving at the phenomenal meaning of romantic love are chosen. Six coresearchers were interviewed to elucidate lived-experiences they had with romantic Love The interviews were transcribed into six protocols. The six protocols are phenomenologically reduced into meaning units and their essences. The essences are presented within the context of the protocols. Twenty essential structures are presented in five meaningful groups, including Descriptions, Events, Temporal …