Digital Commons Network^™

Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter

Articles by Maurer Faculty

No abstract provided.

On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Colonial Violence And Trauma In The Works Of Michèle Lacrosil And Ken Bugul, Marie-Chantal Kalisa

French Language and Literature Papers

To what extent can we say that both Lacrosil and Bugul rewrite Fanon? Through the study of Cajou and Ken, respectively the Guadeloupean and the Senegalese female protagonists, this article proposes a way to derive a specifically female perspective on colonial violence. The essay focuses on the two novels, Cajou and Le baobab fou, and examines the effect of colonial epistemological violence and its specific impact on the black female’s subjectivity. The protagonists Ken and Cajou revisit their initial trauma in a quest for knowledge of their historical heritage and engage in a dialogue with Frantz Fanon, representative of black …

Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen

Articles by Maurer Faculty

This article, published in Law & Contemporary Problems, was presented at a Duke Law School conference, The Constitution Under Clinton: A Critical Assessment. It examines a recurring, unsettled issue of executive power: how the President best fulfills his constitutional responsibilities when confronted with the enforcement of a statute that he believes is unconstitutional. What should the President do if he believes enforcing a statutory provision would violate the Constitution? Should, for example, a President comply with a congressional command that he believes would violate the constitutional rights of individuals or compromise presidential power? The article examines the two prevailing approaches …

Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters

Articles by Maurer Faculty

Serbia has two autonomous provinces, with nearly identical constitutional and political claims: heavily Albanian Kosovo and ethnically diverse but Serb-majority Vojvodina. One is headed towards some form of internationally recognized independence; the other almost certainly is not, even though calls for its autonomy have been mounting. What makes the difference?

This article examines what the reasons for these different outcomes show about the changing content of self-determination in an environment of persistent ethnic claims. The defining characteristic of self-determination today is its indeterminacy, which allows policymakers to pursue a broader range of policies than was possible in the era of …

Translation Theorems For Fourier-Feynman Transforms And Conditional Fourier-Feynman Transforms, Seung Jun Change, Chull Park, David Skough

Department of Mathematics: Faculty Publications

Translation theorems for Wiener integrals were given by Cameron and Martin in [3] and by Cameron and Graves in [2]. Translation theorems for analytic Feynman integrals were given by Cameron and Storvick in [4], [7] and translation theorems for Feynman integrals on abstract Wiener and Hilbert spaces were given by Chung and Kang in [12].

A Rejoinder To Abraham Hirsch, Samuel Hollander, Sandra J. Peart

Jepson School of Leadership Studies articles, book chapters and other publications

The dispute between Hollander and Peart, and Hirsch, turns on the nature and role of verification in Mill’s perception of the appropriate method for Political Economy. Professor Hirsch maintains against us that, for Mill, the models constructed by political economists are insulated from verification. His case is based on two counterclaims. First, that when Mill writes of “verification” in Book III of the Logic, he has in mind a procedure differing from that appropriate for Political Economy, which allows only “indirect verification” (outlined in Book VI). Hirsch finds that Hollander and Peart confuse the two. Secondly, since the contexts …

A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by political and legal processes. At its heart, the Article is a legal and historical study of the moral dimension and inherent contradictions facing Adams, in particular, and the American Republic, in general, regarding the existence and persistence of the institution of slavery in a nation built upon …

An Inquiry Into Indigenous Political Participation: Implications For Tribal Sovereignty, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to—tribal, state, and federal—we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only gradually been incorporated in various ways by various federal policies and day to day interactions with non-Indians. Tribal nations, of course, have never been constitutionally incorporated and still retain their standing as separate political bodies not beholden to either federal or state constitutions for their existence.

Christian Hebrew Printing In The Sixteenth Century: Printers, Humanism And The Impact Of The Reformation, Stephen G. Burnett

Department of Classics and Religious Studies: Faculty Publications

Christian printers of Hebrew books have long been recognized as a crucial factor in the spread of Christian Hebraism in early modern Europe. Their works have traditionally been listed together with Jewish books in bibliographies such as Moritz Steinschneider's catalogue of books on Hebrew language instruction, and the Bodleian library's collection Hebrew imprints since both contain Hebrew type, but grouping them together also blurs their distinctive features. Yet the business of Hebrew printing for Christians differed in character from Jewish printing in a variety of ways. In this essay I will analyze the geographic distribution of non-Jewish Hebrew printing firms …

Women Managers And Gendered Values, Diane Kay Sloan, Kathleen J. Krone

Department of Communication Studies: Faculty Publications

In this study we interviewed 30 women managers to better understand ways in which they experience gendered values and behavior in organizational leadership and their responses to those experiences. The results, based on a constant comparison, thematic analysis, indicate the emergence of surprisingly strong and similar perceptions among the 30 women that there are distinct feminine and masculine power orientations in leadership communication with corresponding sets of gendered values: (a) open/closed and (b) supportive/intimidating. Their most common responses were: (a) rejection of masculine power, (b) self-doubt and blame, (c) competence, (d) confrontation, (e) isolation, and (f) resignation. These women judge …

A Small-System Ensemble Monte Carlo Simulation Of Supersaturated Vapor: Evaluation Of Barrier To Nucleation, K.J. Oh, Xiao Cheng Zeng

Xiao Cheng Zeng Publications

A small-system grand canonical ensemble Monte Carlo method is developed to evaluate cluster size distribution and barrier to the nucleation in a supersaturated Lennard-Jones vapor. The theoretical foundation is a physical cluster theory in which the Stillinger cluster is used as a prototypical physical cluster. Using method of Mayer’s cluster expansion, the cluster–vapor interaction is effectively taken into account. From a separate canonical ensemble Monte Carlo simulation using a test particle method, the averaged volume of the cluster is obtained and is also incorporated in the small-system ensemble simulation. By this implementation our simulation is computationally more efficient compared to …

Two Test Level 4 Bridge Railing And Transition Systems For Transverse Timber Deck Bridges, Ronald K. Faller, Michael A. Ritter, Barry Thomas Rosson, Michael D. Fowler, Sheila R. Duwadi

Department of Civil and Environmental Engineering: Faculty Publications

The Midwest Roadside Safety Facility, in cooperation with the Forest Products Laboratory, which is part of the U.S. Department of Agriculture’s Forest Service, and FHWA, designed two bridge railing and approach guardrail transition systems for use on bridges with transverse glue-laminated timber decks. The bridge raging and transition systems were developed and crash tested for use on higher-service-level roadways and evaluated according to the Test Level 4 safety performance criteria presented in NCHRP Report 350: Recommended Procedures for the Safety Performance Evaluation of Highway Features. The first railing system was constructed with glulam timber components, whereas the second railing system …

Hydrolase And Oxido-Reductase Activities In Diuraphis Noxia And Rhopalosiphum Padi (Hemiptera: Aphididae), Xinzhi Ni, Sharron S. Quisenberry, Saowaluck Pornkulwat, James Lester Figarola, Steven R. Skoda, John E. Foster

Department of Entomology: Faculty Publications

Four hydrolases and five oxido-reductases were examined using native stacking polyacrylamide gel electrophoresis. Homogenate of Russian wheat aphid, Diuraphis noxia (Mordvilko), bird cherry-oat aphid, Rhopalosiphum padi (L.), "Arapahoe" (aphid-susceptible) and "Halt" (aphid-resistant) wheat, Triticum aestivum L., and powdery mildew-infected Erysiphe graminis DC. ex Merat f. sp. tritici Em. Marchal, Arapahoe wheat leaves were assayed for enzyme activities. Pectinesterase, polygalacturonase (or pectinase), cellulase, and amylase activities were examined in the hydrolase group. Catalase, peroxidase, catechol oxidase, superoxide dismutase, and ascorbate oxidase activities were examined in the group of oxido-reductases. The two aphid species had the same hydrolases but different oxido-reductases. Although …

Salinity And Shade Preferences Result In Ovipositional Differences Between Sympatric Tiger Beetle Species, W. Wyatt Hoback, Douglas A. Golick, Tina Marie Svatos, Stephen M. Spomer, Leon G. Higley

Department of Entomology: Faculty Publications

1. Adult tiger beetles of the genus Cicindela often co-occur within a habitat but larvae do not. Larvae are sedentary and form usually permanent burrows at the site of oviposition where they require 1-3 years for development.

2. To test niche partitioning based on ovipositional preference, the behavior of two sympatric salt marsh tiger beetles, Cicindela circumpicta and C. togata (Coleoptera: Cicindelidae), were examined.

3. In laboratory studies, female C. circumpicta and C. togata distinguished between experimental salinities, with the former preferring 4 parts per thousand (ppt) and the latter preferring 12 ppt. In the field, C. circumpicta larvae were …

Preliminary Results Of Bitumen And Whole-Rock Elemental Analyses Of Crp-2/2a, Victoria Land Basin, Antarctica, Richard Kettler, E. Papastavros

Department of Earth and Atmospheric Sciences: Faculty Publications

Sediments and rocks recovered in CRP-2/2A coring operations contain relatively little organic matter (average TOC=0.28%) and very small amounts of solvent-soluble organic matter. Because Early Oligocene sediment included significant amounts of coal detritus, TOC values are higher in Early Oligocene rocks than in younger rocks. TOC values are highest in the fine-grained rocks deposited as part of the highstand systems tract (HST) and TOC values decrease from the bottom to the top of the HST. The TOC:TN ratios observed in the CRP-2/2A core typically exceed 10, and are strong evidence that the preserved organic matter comprises a mixture of detrital …

Morphology And Taxonomic Position Of The Late Cretaceous Diatom Genus Pomphodiscus Barker & Meakin, Vladimir A. Nikolaev, David M. Harwood

Department of Earth and Atmospheric Sciences: Faculty Publications

Results from our investigation of Upper Cretaceous diatoms from the Marca Shale Member of the Moreno Shale in California and from Ocean Drilling Program (ODP) Hole 748C on the Kerguelen Plateau ,Southern Indian Ocean enable a clarification of the taxonomic position of several diatoms. Differences in areola structure ,a primary and conservative character of the diatom valve, are used to separate diatoms recently included in the genus Benetorus. We resurrect he genus Pomphodiscusto include species with locular areolae, a central rimoportula ,and a central inflated chamber .We propose the new species Pomphodiscusk erguelensisn. sp. and new combination Pomphodiscusc …

Nutrients As A Link Between Ionic Concentration/Composition And Diatom Distributions In Saline Lakes, J. E. Saros, Sherilyn C. Fritz

Department of Earth and Atmospheric Sciences: Faculty Publications

Diatom profiles in closed-basin lake sediments are commonly used to reconstruct climate change based on the observed correlations between salinity (ionic concentration) and modern diatom assemblages. Diatom assemblages are strongly correlated not only with salinity but also anion composition, with certain taxa characteristic of carbonate systems and others sulfate-dominated waters. Although strong correlations exist, the actual mechanisms behind these correlations are unknown. Here we briefly review the influence of salinity and ionic composition on nutrient dynamics in saline lakes and suggest that these interactions may drive shifts in diatom species composition along gradients of ionic concentration/ composition. We discuss the …

Assessing Nuclear And Mitochondrial Dna Sequence Variation Within Steinernema (Rhabditida: Steinernematidae), Allen L. Szalanski, David B. Taylor, Peter G. Mullin

Department of Entomology: Faculty Publications

DNA sequence analysis was used to characterize the nuclear ribosomal DNA ITS1 region and a portion of the COII and 16S rDNA genes of the mitochondrial genome from Steinernema entomopathogenic nematodes. Nuclear ITS1 nucleotide divergence among seven Steinernema spp. ranged from 6 to 22%, and mtDNA divergence among five species ranged from 12 to 20%. No intraspecific variation was observed among three S. feltiae strains. Phylogenetic analysis of both nuclear and mitochondrial DNA sequences confirms the existing morphological relationships of several Steinernema species. Both the rDNA ITS1 and mtDNA sequences were useful for resolving relationships among Steinernema taxa.

An Analysis Of Messages Posted To The Lm_Net Listserv By School Library Media Specialists, Jennifer L. Brown

Graduate Research Papers

This research examined messages sent to the LM _NET (School Library Media and Network Communications) listserv by school library media specialists during the month of October, 1999. A content analysis was used to address the first research question: "What areas of concern are school library media specialists who are LM _ NET subscribers addressing with their questions and postings to the LM _ NET community?" The second research question, "Are there underlying patterns addressed in LM _ NET messages posted by school library media specialists?" was approached with a textual analysis. The researcher used a sample of 95 messages that …

Enhanced Three-Dimensional Reconstruction Of Surfaces Using Multicolor Gratings, Bernard S. Gilbert, Joel H. Blatt

Aerospace, Physics, and Space Science Faculty Publications

Most optical topolography systems use a single-wavelength laser for projection, using a swept spot, a moving line, or a projected grating. In a typical projected grating system, the gratings are shifted and a series of images is used to recover the 3-D shape of the target. When the series of images is analyzed in the normal phase shift manner, the resulting 2-D phase map typically has phase unwrapping problems due to noise and Nyquist limits. Surfaces with large vertical discontinuities present a problem for phase unwrapping 3-D shape recovery. We look at simultaneously projecting multiple wavelengths onto a surface to …

Interactive Health Information Web Services For Business Settings, Nadezhda Soloukhina

Graduate Research Papers

With the increase in the cost of healthcare many business in the United States are becoming self-insured or relying on managed healthcare organizations to provide healthcare. Employee wellness programs are playing a more pivotal role in the healthcare strategies of medium size to large size business. On average, according to the surveys, these companies spend $40 per employee per year on wellness programs. This research summarizes the needs to provide interactive health information services to complement employee wellness program of business in the US, and describes the procedures of developing health information kiosks.

The Administrative Role: A Reflective Essay, Donald R. Taylor

Graduate Research Papers

Like everyone, my experiences, values, and goals are the basis of what has become my philosophy of education. My philosophy of education, in turn, determines my teaching style and together they define what I believe to be the purpose of education. Knowing that philosophies tend toward the idealistic by nature, my idealistic vision is not intimidated by the challenge of administration. The purpose of this reflective paper is to identify characteristics that are essential for a successful principalship. I will also articulate what I believe about each characteristic, provide research findings to support my perspective, and discuss how I might …

The Impact Of Laptop Learning, Curt J. Valentine

Graduate Research Papers

Computers and technology are becoming more commonly used and integrated in the educational environment every day. The problem that school districts are having is providing enough computers for students and staff to use on a regular basis. Trying to give students equal access to computers is what school districts are trying to accomplish. In 1996 Microsoft launched the Anytime, Anywhere Learning program that helped students to gain equal access to computers. This program, as well as others, gave students an opportunity to take their learning to other places. Instead of just learning at school, and keeping the learning inside the …

The Civil War: An Online Unit, Liz Walgamuth

Graduate Research Papers

For my final project, I decided to do an online unit for middle school students on the Civil War (Appendix). My reasoning was twofold: I am very interested in online learning and the possibilities that it holds for students, and I saw a need for additional information on this particular subject matter in the middle school where I currently teach. In the social studies department at this particular school lecture and textbook readings are the predominate form of instruction. Because the Civil War is such an interesting topic and there is plenty of information available that includes music, poetry, diary …

International Child Custody Jurisdiction And The Uniform Child Custody Jurisdiction And Enforcement Act, Robert G. Spector

Faculty Articles

No abstract provided.

Essay: The Risks Of Going Non-Gmo, Drew L. Kershen

Faculty Articles

No abstract provided.