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An Accelerated History Of Expressive Freedom, Kevin F. O'Neill

Law Faculty Articles and Essays

My purpose in writing this article is to examine the growth of Anglo-American speech rights over the past millennium. Since the best measure of expressive freedom is the freedom to criticize one's government, I will focus on the regulation of seditious speech in an accelerated tour of history, from the printing press to the present day.

The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin F. O'Neill

Law Faculty Articles and Essays

In the battle for gay, lesbian, and bisexual rights, most of the fighting has centered on two sources of constitutional protection: substantive due process and equal protection. Unfortunately, courts have been reluctant to find in either of those constitutional guarantees a broad source of protection for gays, lesbians, and bisexuals. The purpose of my remarks today is to suggest that the First Amendment—specifically, the Petition Clause of the First Amendment—provides an alternative basis for vindicating gay, lesbian, and bisexual rights in certain cases. At least in the context of voter initiatives that seek to abolish anti-discrimination protection for sexual orientation, …

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Seattle University Law Review

This Address contains remarks made on October 18, 1999 as part of the Dedication Celebration for the Seattle University School of Law.

An Economic Perspective On Product Configuration Trade Dress, David W. Opderbeck

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Reclaiming The "Creatures Of The State": Contracting For Child Custody Decisionmaking In The Best Interests Of The Family, E. Gary Spitko

Faculty Publications

Arbitration has great potential utility for promoting family autonomy. Parents in a fracturing family might utilize arbitration to select both the decisionmaker and the legal standards to guide that decisionmaker in resolving their child custody and visitation dispute. In this way, the parents can seek to ensure that the resolution of their child custody and visitation dispute is governed by the values that the family has cherished and lived by.

The present dominant judicial approaches to the enforcement of arbitration agreements and awards with respect to child custody, however, greatly undermine arbitration's utility for promoting family autonomy. Pursuant to the …

Johann Friedrich Herbart, David E. Leary

Psychology Faculty Publications

German philosopher, psychologist, and educator. Herbart was among the first, early in the nineteenth century, to propose a mathematical psychology. Coming after Immanuel Kant's claim (in his Metaphysische Angangsgriinde der Naturwissenschaft [Metaphysical Foundation of Natural Science], Riga, 1786) that there could be no such discipline, this was a bold proposal. which kept alive the eighteenth-century quest for a science of psychology. Even though Herbart himself denied the possibility of an experimental psychology, and despite the fact that his own psychology (as a branch of applied metaphysics) was largely conjectural, his example inspired subsequent scholars to work toward a quantitative, experimental …

Demeanor Credibility, James P. Timony

Catholic University Law Review

No abstract provided.

Target Marketing Can Help Attract City Residents, Robert E. Lang, James W. Hughes, Karen A. Danielsen

Public Policy and Leadership Faculty Research

While suburban growth continues, city living is regaining popularity. It is common knowledge that urban neighborhoods often attract young, single professionals, but a more precise identification of potential city dwellers could help cities understand and develop their comparative advantages. Now, perhaps more than ever, cities need to know which people want to live in them and how their vision of urban life may be accommodated by public policy.

/="/">A common concern expressed among urban mayors is that the quality of their city services, especially schools, stacks up poorly against that of most suburbs. Improving public education is often cited …

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, 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.

U.S. Federal Government Cios: Information Technology's New Managers--Preliminary Findings, Marianne A. Buehler

Library Faculty Research

The Clinger-Cohen Information Technology Management Reform Act of 1996 (Clinger-Cohen Act) has changed the dynamics of how federal agencies view and manage their information technology. The mandated provision for Chief Information Officers (CIOs) is to act as information change agents and technology “watchdogs” for their agency. To observe how government is reacting to employing CIOs, field studies were conducted by e-mail with eight agencies to discover the successes and the challenges of this new information initiative. Four of the agencies contacted were mandated by the Clinger-Cohen Act and four were non-mandated. The results of this study depict varying levels of …

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.

Racists, Skinheads And Gay-Bashers Beware: Congress Joins The Battle Against Hate Crimes By Proposing The Hate Crimes Prevention Act Of 1999, Kristen M. Jasket

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Beyond The Dipole Approximation: Angular-Distribution Effects In The 1s Photoemission From Small Molecules, Dennis W. Lindle, Oliver Hemmers, H. Wang, P. Focke, I. A. Sellin, J. D. Mills, J. A. Sheehy, P. W. Langhoff

Environmental Studies Faculty Publications

Over the past two decades, the dipole approximation has facilitated a basic understanding of the photoionization process in atoms and molecules. Recent experiments on the 1s inner shells of small molecules at relatively low photon energies (⩽ 1000 eV) show strong nondipole effects. They are significant and measurable at energies close to threshold, in conflict with a common assumption that the dipole approximation is valid for photon energies below 1 keV.

Effects Of Preservice Peer Coaching On Student Teachers In Special Education, Kit-Hung Lee

UNLV Retrospective Theses & Dissertations

The purpose of this study was to investigate the implementation of a peer coaching program among Traditional and Non-Traditional student teachers and to compare their subsequent teaching behaviors and attitude toward peer coaching. The variables investigated through direct class observation were effective and ineffective teaching behaviors using the criteria of the Florida Performance Measurement System (FPMS). Attitude toward peer coaching was investigated using survey methodology; Data analysis indicated the following findings. There was a statistically significant ordinal interaction effect between the group and timing of the assessment in effective teaching behaviors after participation in peer coaching. There was neither a …

Spin And Charge Response To Magnetic Frustration In The Hubbard Model, Yang Liu

UNLV Retrospective Theses & Dissertations

Unusual normal-state properties of strongly correlated electron materials have been discovered in recent years. They can not be explained by traditional theories. Much work has been devoted to exploring the physical insight into these properties. In the dissertation, the study of spin and charge response to magnetic frustration in the Hubbard Model is presented. Using exact diagonalization techniques, the eigenvalues and eigenvectors of a two-dimensional Hubbard model applied to a cluster with periodic boundary conditions have been obtained. Static and dynamic spin and charge correlation functions as well as one-particle excitation spectra have been calculated. The effects of magnetic frustration …

A Case Study Of The Information Environment For School Leadership Preparation Project, R. Karlene Mccormick-Lee

UNLV Retrospective Theses & Dissertations

The Interstate School Leaders Licensure Consortium (1996) noted that the social fabric of schools is changing. School administrators are faced with new challenges, provided new opportunities to implement reform, and required to learn new technology skills (Means, Olsen, & Singh, 1995; Streifer, 1999). Potentially universities play an invaluable role in preparing educators to use technology effectively. However, studies suggest that universities are far from realizing that potential (O'Flahavan, 1988; Lemke, 1999; Roblyer & Erlanger, 1999). A nation-wide survey found that the integration of instructional technology across disciplines and the use of technology to solve real-world problems were the most important …

Public Perceptions Of Quick-Care Clinic And Hospital Emergency Department Capabilities: A Pre-Illness And Injury Analysis, Paul D Shapiro

UNLV Retrospective Theses & Dissertations

This dissertation examines the public and medical professionals' perceptions of the capabilities of quick-care clinic and hospital emergency departments. A probability-based survey was administered to three hundred and sixty-six adults in the Las Vegas metropolitan area detailing twenty-one medical conditions ranging in severity from an ingrown toenail to a child not breathing. For each scenario the respondent was asked to select either a hospital emergency department or a quick-care clinic as the appropriate facility for the proper treatment of each medical condition. Their responses were then compared to a medical benchmark which was established by a sample of one hundred …

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 …

A Descriptive Study Of Enrollment Marketing Strategies For Four -Year Public Colleges And Universities, Becky Lynn Watson

UNLV Retrospective Theses & Dissertations

Choosing a college education is only one of many choices a student has for post-secondary education or training. The current change in the university campus environment is creating a change in the marketing environment. A higher education institution must continually adapt its marketing efforts to keep pace with the changing needs of its constituency---the students. The institution must know its public and its market to be able to attract adequate resources and convert them into services for its public. The nature and function of higher educational institutions is changing due to changes in the attitudes of the consumer. Higher education …

Frustrated Spin -1/2 Two-Leg And Three-Leg Antiferromagnetic Heisenberg Ladders, Ningsheng Zhu

UNLV Retrospective Theses & Dissertations

The goal of this project is to study the ground-state properties of frustrated spin-1/2 two- and three-leg Heisenberg ladders, and to investigate possible effects of diagonal couplings on spin gaps. The ground-state and the first-excited-state energies of these two systems are calculated systematically by using the density matrix renormalization group method. The ground state phase diagrams for these two systems are obtained. For the frustrated two-leg ladder, we found that the spin gap is insensitive to the change of the FM diagonal coupling constant. This is in agreement with experimental suggestions. For the frustrated three-leg ladder, we conclusively proved that …

Design Of A Fuzzy Logic Controller For Swing-Damped Transport Of An Overhead Crane Payload, Michael James Nalley

UNLV Retrospective Theses & Dissertations

Transportation using overhead cranes can excite undesirable payload swinging. These oscillations have to be damped before other payload manipulation is done. A swing-damped motion profile based on the natural frequency of the payload is used to minimize swing excitation. In addition, a fuzzy logic controller is used to move the overhead crane along a desired path while ensuring that the payload is swing-free at the end of the motion. The control action is divided between displacement and swing controllers to simplify controller tuning for optimal performance. Examples, along with comparisons with a PD controller, are included, as well as related …

From Hiroshima To Three-Mile-Island: Three Decades Of Nuclear Power Opposition Rhetoric In The United States, Theodore Erik Olds

UNLV Retrospective Theses & Dissertations

Rhetoric associated with the development of nuclear power in the United States was analyzed over 3-decades in order to better understand the beginnings and constituents of the rhetoric associated with anti-nuclear power perspectives. An amalgamation of existing historical/rhetorical methods utilized by Gamson and Modigliani (1989) and Darsey (1991) were employed. Progressive interpretive anti-nuclear rhetorical packages were identified for corresponding historical periods within the 34-year period. Historical periods were segmented by catalytic events, or incidents important to nuclear power development which also presented opportunities for anti-nuclear power rhetoric. The analysis reveals four individual rhetorical packages: (1) Pandora's Box; (2) Mirage; (3) …

Test Result Use In The Elementary Classroom, Kevan Eileen Ommen

UNLV Retrospective Theses & Dissertations

This study examines elementary teacher use of district curriculum-based test results in making instructional decisions. A questionnaire was developed and distributed to elementary teachers asking about their routine practices when using test results, their comfort level in doing so, and training they have received. Returns from 944 teachers were analyzed, and it was determined some concerns exist related to the interpretation and use of test information by elementary teachers. It was concluded that teachers may need training to improve their skills in test result interpretation, and the formats used by school districts to distribute test results may need modification. In …

Sequence Stratigraphy And Biostratigraphy Of The Lower Member Of The Deep Spring Formation: Implications For The Neoproterozoic-Cambrian Boundary In The Basin And Range Province, Western United States, Shannon Michelle Parsons

UNLV Retrospective Theses & Dissertations

The Deep Spring Formation of the southern Basin and Range Province provides information valuable in locating and correlating the Precambrian-Cambrian boundary in western North America. Sequence-stratigraphic analysis of the lower Deep Spring Formation revealed three sequence boundaries. The proposed sequence-stratigraphic model includes early highstand slumps, a feature interpreted to be unique to mixed systems, which form at the onset of the Highstand Systems Tract; This study identified the small shelly fossil Cloudina in the lower Deep Spring Formation. Cloudina was previously unrecognized at this stratigraphic level in the Basin and Range. This Neoproterozoic fossil is associated in the lower Deep …

Television Crime Drama Program Viewing And O J Simpson Bias: Applying The Cultivation Theory, Allan Pearlstein

UNLV Retrospective Theses & Dissertations

According to media critics, no criminal event has ever received as much publicity as the O. J. Simpson double murder case. The purpose of conducting this research was to apply the cultivation analysis theory to the O. J. Simpson case to see if heavy daily television viewers, heavy viewers of crime drama programs both realistic and fictional, and heavy newspaper and magazine readers expressed guilt against O. J. Simpson With the assistance from personnel at the Clark County Courthouse in Las Vegas, Nevada, the researcher administered 205 survey questionnaires to summoned jurors who were released from jury service. A negative …

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.