Digital Commons Network^™

Deontology At The Threshold, Larry Alexander

San Diego Law Review

In his 1989 law review article, Torture and the Balance of Evils,' later republished as Chapter Seventeen in Placing Blame, Michael Moore declares himself to be a "threshold deontologist." What he means is this: There are some acts that are morally wrong despite producing a net positive balance of consequences; but if the positive balance of consequences becomes sufficiently great-especially if it does so by averting horrible consequences as opposed to merely making people quite well off-then one is morally permitted, and perhaps required, to engage in those acts that are otherwise morally prohibited. Thus, one may not kill or …

Dropping Slugs In The Celestial Jukebox: Congressional Enabling Of Digital Music Piracy Short-Changes Copyright Holders

San Diego Law Review

In response to the myriad new methods of copying that are emerging from the ongoing digital revolution, Congress has enacted several amendments to copyright law.' These statutes have sought to protect copyright holders in the digital age without chilling the development of new technologies or interfering with consumer access to copyrighted works. Specifically, the Audio Home Recording Act of 1992 ("AHRA") recognized the tremendous potential for piracy created by consumer access to digital audio recording devices. The purpose of the AHRA is not only to prevent infringing acts, but also to compensate copyright holders for the inevitable instances of illicit …

The Anomalous Behavior Of Al³⁺ In Nickel Electrowinning From Sulfate Electrolytes, Michael Holm, Thomas J. O'Keefe

Materials Science and Engineering Faculty Research & Creative Works

The effect of varying concentrations of Al³⁺ on the morphology and current efficiency of electrodeposited nickel from an acid-sulfate electrolyte was studied. Concentrations of Al³⁺ of 20 to 100 ppm significantly degraded the nickel-cathode morphology and current efficiency. However, it was found that higher concentrations of Al³⁺, in the range of 1 to 5 g/L, depending on the electrolyte parameters and operating conditions, improved the deposit morphology compared to deposition from a pure electrolyte. However, the current efficiency remained low. Physical characterization of the nickel revealed that a smoother, more uniform surface resulted from deposition in …

Modeling And Characterization Of Electrical Transport In Oxygen Conducting Solid Electrolytes, Igor Kosacki, Vladimir Petrovsky, Harlan U. Anderson

Materials Science and Engineering Faculty Research & Creative Works

A model for the electrical conductivity in acceptor-doped oxides which involves an association between the acceptor-dopants and oxygen vacancies resulting in donor centers is considered. The model relates the behavior of the electrical conductivity with the temperature, ambient atmosphere and band structure. The predictions of the model are compared to experimental data for ZrO2:16% Y and SrCeO3:5% Yb oxygen conductors and some band structure parameters have been determined.

X-Ray Emission Following Low-Energy Charge Exchange Collisions Of Highly Charged Ions, P. Beiersdorfer, Ronald E. Olson, G. V. Brown, H. Chen, C. L. Harris, P. A. Neill, L. Schweikhard, S. B. Utter, K. Widmann

Physics Faculty Research & Creative Works

K-shell x-ray emission following low-energy charge exchange collisions (≤11 eV/amu) has been measured for ten bare and hydrogenic ions up to U⁹¹⁺. The data resolve capture into angular momentum states with ℓ=1 and provide a stringent test of theory. The assumption of Stark mixing of angular momentum states is inappropriate at such energies. Results from detailed calculations give a better description of the data, but significant discrepancies are noted. The measurements show that the hardness ratio of charge-exchange induced K-shell x-ray emission represents a diagnostic of the dynamics of ion-atom interactions in situations where the energy is below …

Neutron Scattering From Aerosols: Intraparticle Structure Factor, Guinier Analysis Of Particle Speed, And Crossed Beam Kinematics, Gerald Wilemski

Physics Faculty Research & Creative Works

A theoretical formalism for neutron scattering from systems of particles is applied to liquid nanodroplet aerosols. A term arising from intraparticle, intermolecular correlations is identified. The kinematical theory of two body scattering is recast into a form convenient for interpreting the results of experiments with crossed beams of neutrons and aerosol particles. Based on a theoretical analysis of the scattered intensity in the Guinier region, a method for determining the particle velocity directly from the experimental data is outlined. The method is not restricted by assumptions about particle shape, composition, uniformity, or size distribution.

Electron Correlations Observed Through Intensity Interferometry, Michael Schulz, Robert Moshammer, Wayne M. Schmitt, Holger Kollmus, Bernold Feuerstein, Rido Mann, Siegbert Hagmann, Joachim Hermann Ullrich

Physics Faculty Research & Creative Works

Intensity interferometry was applied to study electron correlations in doubly ionizing ion-atom collisions. In this method, the probability to find two electrons emitted in the same double ionization event with a certain momentum difference is compared to the corresponding probability for two uncorrelated electrons from two independent events. The ratio of both probabilities, the so-called correlation function, is found to sensitively reveal electron correlation effects, but it is rather insensitive to the collision dynamics.

Internet Jurisdiction And Minimum Contacts, Lora J. Lewicki

North Dakota Law Review

No abstract provided.

The Influence Of Gender-Role On Upper Primary School Students' Graphic Representations, Tamara Frederiks

Theses : Honours

The aim of this research was to study the effect of gender-rule on Year Six students' graphic representations completed during a visual transformation task. The influence of gender on learning has become a significant issue in primary schools and research in the area is needed to inform teachers about gender differences. The significance of the issue relates to the equality of opportunity for girls and boys in the classroom. Drawings are of significance because they provide teachers and parents with a glimpse of the developing child in terms of his or her creative and mental growth, feelings, emotions and world-view. …

The Chiastic Structure Of Revelation 12:1-15:4: The Great Controversy Vision, William H. Shea, Ed Christian

Andrews University Seminary Studies (AUSS)

No abstract provided.

Facilitating Scientific Research: Intellectual Property Rights And The Norms Of Science - A Response To Rai And Eisenberg, F. Scott Kieff

GW Law Faculty Publications & Other Works

Arti Rai's article in the Fall 1999 issue of the Northwestern University Law Review explores the proper use of both legal rules and prescriptive norms to shape behavior in the basic biological research community. Rai's article builds upon the extensive work in this area by Rebecca Eisenberg, which first attained prominence through Eisenberg's article in the December 1987 issue of the Yale Law Journal. Eisenberg concludes that the use of patents in the area of basic biological research may frustrate central norms of the community. Rai prescribes concerted public and private action as the best tools for avoiding patents and …

Karl Llewellyn's Fading Imprint On The Jurisprudence Of The Uniform Commercial Code, Gregory E. Maggs

GW Law Faculty Publications & Other Works

When Karl Llewellyn directed the creation of the Uniform Commercial Code (U.C.C.), he naturally wanted to implement his jurisprudential ideas. He succeeded in giving the U.C.C. at least five important features inspired by Legal Realism. In particular, as a result of his influence, the U.C.C.: (1) favored open-ended standards over firm rules; (2) avoided formalities; (3) required and facilitated the "purposive interpretation" of its provisions; (4) did not attempt to provide an exclusive statement of the law, but instead directed courts to supplement its rules with general legal and equitable principles; and (5) provided a range of remedies that principally …

An Examination Of A Multidimensional Model Of Customer Satisfaction With Internet Purchasing, Kathleen Vanscoyoc

Theses and Dissertations in Business Administration

The World Wide Web and Internet have transformed the competitive business environment and altered the customer-firm relationship by creating a new retailing format and service enterprise. It is rapidly growing as a competitive distribution medium in which customer satisfaction will be a major success factor in the development and maintenance of this new retailing format. Despite its growing importance as a new shopping medium, little empirical research has been conducted that examines the relationship between Internet shopping, customer satisfaction, company image, and future online purchasing. Research is needed to develop theoretical models that will systematically explain and predict behavior related …

A Technological Dream Turned Legal Nightmare, Brandon E. Ehrhart

Vanderbilt Journal of Transnational Law

The U.S. Global Positioning System (GPS) provides precise positioning information to anyone in the world, regardless of nationality, as long as they have access to an inexpensive receiver. However, in managing and providing the GPS for no charge, the United States may have opened itself to worldwide tort exposure. This Note analyzes U.S. liability for negligently operating the GPS under the Federal Tort Claims Act (FTCA) in four categories.

First, this Note examines the transformation of the GPS from its domestic military beginnings to its current role as the foremost radionavigation technique in history and as a vital tool to …

Women And Globalization: The Failure And Postmodern Possibilities Of International Law, Barbara Stark

Vanderbilt Journal of Transnational Law

This Article examines the role of international law, particularly human rights law, as it relates to the process of globalization and its effects on women. Initially, the Article sets the stage by describing the course of globalization and the dramatic impact it has had on the world economy. The Author next examines the multiple and contradictory consequences of globalization for women.

The Article approaches this analysis from two perspectives. First, from a 'classic perspective," the Author contends that international law is the only legal system with the potential to regulate the principal agents of globalization--multinational corporations, banks and investment firms, …

Consolidating Democracy On A Troubled Continent: A Challenge For Lawyers In Africa, Okechukwu Oko

Vanderbilt Journal of Transnational Law

African countries during the post-colonial era have struggled to establish democratic governments, too frequently succumbing to authoritarian, usually military, rule. This instability, as nations swing from one regime to another, has hindered the economic growth and respect for civil rights that citizens had hoped would be the legacy of independence. Despite such abuses, both the elite and the masses in Africa recognize that democracy represents the best hope for future stability. In countries like Nigeria, citizens are demanding the replacement of corrupt, paternalistic military officers with democratic, civilian rule.

Even the election of civilian administrations, however, offers no guarantee that …

Prosecuting The "Fog Of War?, Christopher D. Booth

Vanderbilt Journal of Transnational Law

In the Fall of 1999, the Associated Press reported a story of an alleged massacre of Korean civilians, conducted by U.S. troops at the beginning of the Korean War in the hamlet of No Gun Ri. The story had an incendiary effect, both in the United States and abroad. The story of an incident from half-a-century ago caused many to reexamine the conduct of American forces in that war, the current security arrangements in East Asia, the U.S.-R.O.K. relationship, and the wisdom and ability of modem Americans to investigate, evaluate, and judge historical events from our current historical and cultural …

Final Exit: Should The Double Effect Rule Regarding The Legality Of Euthanasia In The United Kingdom Be Laid To Rest?, Brendan A. Thompson

Vanderbilt Journal of Transnational Law

This Note explores the double effect rule that currently governs physician-assisted suicide cases in the United Kingdom. Recent events in the British medical and legal community have raised serious questions about the rule's adequacy, and have arguably created an environment in which Parliament must reexamine the validity of both the double effect rule and the laws governing active euthanasia.

After providing some historical background regarding the origins and development of the double effect rule, this Note surveys recent developments such as changing attitudes towards euthanasia and the public reaction to the Moor verdict, both of which have created an environment …

Fishing For The Smoking Gun, Y. Daphne Coelho-Adam

Vanderbilt Journal of Transnational Law

Industry-wide tort litigation, such as tobacco and gun litigation, poses a new problem for extraterritorial discovery. These suits allege conspiracies on the part of the tobacco and gun industries to conceal the dangers of their products from the public. Much of the evidence needed to prove the industries' knowledge is in their possession. These industries are international with companies located in the United Kingdom. Under U.S. discovery law the evidence is discoverable, but such is not the case under British discovery law. Therefore, the evidence and witnesses located in the United Kingdom are outside the grasp of U.S. plaintiffs. The …

Information Warfare And Neutrality, George K. Walker

Vanderbilt Journal of Transnational Law

This Article examines Information Warfare--that is, actions taken to affect adversary information and information systems conducted during a crisis or conflict to achieve or promote specific objectives against the adversary. The Article begins with an explanation of the development and structure of the Internet. It then cites examples of the use of information strategies in recent conflicts.

Next, the Article turns to a discussion of the principles of neutrality in the U.N. Charter era. Specifically, the Article examines neutrality in the context of land warfare, naval warfare, aerial warfare, and outer space. Next, the Author discusses application of principles from …

Iowa Academy Of Science Membership Directory, 2000-2001, Iowa Academy Of Science

Iowa Academy of Science Documents

Contents:

Editorial Board, Journal ... 5
Committees ... 6
Sections ... 18
ISTS Regional Directors ... 22
Awards of Merit ... 24
Excellence in Science Teaching Awards ... 25
Past Presidents ... 26
Membership Roster ... 27
Corporate Sponsors ... 63

Virtual Compton Scattering In The Nucleon Resonance Region, Luminita Anca Todor

Physics Theses & Dissertations

This thesis is a study of virtual Compton scattering reaction in which a virtual photon is elastically scattered off a proton γv p → γp. The p( e,e′p)γ reaction was measured in the nucleon resonance region for the first time in the experiment E93-050 in Hall A at Thomas Jefferson National Accelerator Facility. To lowest order in ^αQED, this reaction is a coherent superposition of radiation from the incident or scattered electron in elastic ep scattering (Bethe-Heitler) and exclusive production of a photon on the proton, by absorption of a virtual photon …

An Investigation Of The Multiple Response To Oppression And Implications For Identity Among Aboriginal Adolescents, Victoria E. Hovane

Theses : Honours

In a history characterized by dispossession and oppression since colonisation, the responses of Aboriginal people to oppression have typically been presented from an ethnocentric perspective of internalization and assimilation. Another body of literature however, suggests alternative responses to non-dominant status such as resistance and adaptation to oppression. This study sought to investigate the ways in which Aboriginal adolescents respond to the negative messages they receive about being Aboriginal and the implications for their developing sense of identity, within a sociopolitical framework. A group of nine participants (five females and four males), aged 14 - 17 years (M = 15.4yrs), were …

Management Of A Bioeroding Sponge On The Pearl Oyster, Pinctada Maxima, Luisa Rawlinson

Theses : Honours

This thesis examines environmentally and economically viable ways to manage a sponge that is bioeroding the pearl oyster, Pinctada maxima, in pearl oyster farms throughout north-western Australia. The sponge is causing a massive loss in revenue to the pearling industry as a result of damage to the half-shell, the pearl and, often, death of the oyster. The information arising from this study is important for pearl producers and the Australian pearling industry, to ensure that the best quality P. maxima can be grown in a way that will not have adverse effects on the pristine environment in which these …

Spaces For The Spirit: Christian Spirituality As Represented By Australian Media, Jennifer Anne Jones

Theses : Honours

No abstract provided.

The Use Of Stable Isotopic Signatures Of Marine Biota To Map Sewage Effluent Disposed Into The Marine Environment, Adam Gartner

Theses : Honours

Recent work indicates that nitrogen stable isotopic signatures of aquatic biota can be used to link nutrient inputs in the marine environment to terrestrial sources. While this technique of tracing nutrients has been shown to be effective in environments that are not nutrient limited, it has not been proved that this method is effective in oligotrophic environments. This study examined whether nitrogen stable isotopic signatures of marine biota can be used to trace the distribution of sewage effluent in highly mixed, nitrogen limited waters, by examining the δ¹⁵N values of marine biota situated close to and distant from …

Identification Of Wetland Plant Hydrotypes On The Swan Coastal Plain Western Australia, Robyn Loomes

Theses : Honours

The hydrology of 19 Swan Coastal Plain wetlands was described in relation to its influence on the composition and stn1cturc of wetland vegetation. Sixty species were identified as ‘wetland’ plants. The water depth ranges, or hydrological envelopes, of these species were determined and species grouped together based on the water regimes they experienced. Descriptions of wetland hydrology suggested that the surface and groundwater levels of the majority of study wetlands had declined in both the short (3-5 years) and long-term (20-50 years). Wetlands belonging to the Bibra Suite did not follow this trend as surface water levels either increased or …

Mothers, Gaze And Rape : Almodóvar's Cinema And The Construction Of Gender, Gorana Mlinarevic

Theses : Honours

Although often named a 'women's director': Pedro Almodóvar has frequently been attacked by feminist, mainly Anglo-Saxon, film critics. Most of them have found his portrayals of women to be very humiliating. On the other hand, Spanish heterosexual, mainly male, film critics have attacked him for focusing only on portrayals of marginal genders and sexualities. Nevertheless, he has become one of the most, if not the most, commercially successful Spanish film directors. The intention of this project is not just to analyse Almodóvar's cinema and the critics' acceptance/rejection of the same. Rather, the project is intending, through use of 'Ia politique …

Jack Maggs : A Differend Convict(Ion) By Peter Carey, Timothy D. Langley

Theses : Honours

This thesis is an analysis of Peter Carey's novel Jack Maggs and its attempt at writing back to Charles Dickens' Great Expectations. I will analyse the (de)construction of language games between Jack Maggs and Great Expectations; show how Carey as a post-colonial settler writer writes back to the centre, to Dickens' text as a canonical Victorian novel, through intergrating the very notion of the Victorian novel, and in his own terms giving the convict a "history". I will explore how Carey writes competing language games of "science" and "narrative" (as identified by Lyotard) within Jack Maggs and how they produce …

The Feasibility Of A Flexibly Delivered Professional Development Program For Teachers In Road Safety Education, Vanessa Hille

Theses : Honours

School-based prevention education programs can contribute to a reduction in childhood road trauma by increasing students' knowledge, attitudes and skills. Professional development (PO) for teachers is needed to ensure effective implementation of health curricula. Access to conventional workshop PD is restricted by obstacles such as time, cost and lack of resources. A flexibly delivered PD program would allow teachers to study when, where and how they prefer. The purpose of this study was to examine the feasibility of a flexibly delivered PD program for teachers in road safety education. The target population was teachers from Western Australian primary schools. A …