Digital Commons Network^™

A Guideline For Initiating An Environmental Management System In Academia, David Turkow

Theses

Managing environmental concerns in an academic environment poses unique challenges to colleges and universities. Many college EHS professionals face an uphill battle to promote environmental improvement in an organized, systematic, and sustainable fashion - an Environmental Management System (EMS) is designed to do just that. Some inherent difficulties encountered in an academic setting include 1) lack of management support and 2) the perception that colleges do not have major environmental compliance issues (contributing factor to #1). By identifying issues unique to academia and differences in perception between EHS professionals and academic senior management, chances for successfully initiating/implementing an EMS are …

The Effect Of Software Requirements Analysis On Project Success And Product Quality, Vera Berenbaum

Theses

This paper will demonstrate that the general project management principles' regarding requirements analysis also hold true for software development projects. According to conventional project management wisdom, sound requirements analysis and scope definition tends to improve quality planning, thereby reducing project cost and duration, increasing project success and improving the quality of the resulting product. This paper will demonstrate that software development projects tend to challenge this time-proven notion. The paper will also demonstrate that the software development industry pays a high price for these practices by suffering longer project schedules, higher costs and producing poorer quality products by rushing requirements …

2001 January, Office Of Communications & Marketing, Morehead State University.

Morehead State Press Release Archive, 1961 to the Present

Morehead State University press releases for January of 2001.

Control Of Phytoplankton Growth By Iron Supply And Irradiance In The Subantarctic Southern Ocean: Experimental Results From The Saz Project, P. W. Boyd, A. C. Crossley, G. R. Ditullio, F. B. Griffiths, D. A. Hutchins, B. Queguiner, Peter N. Sedwick, T. W. Trull

OES Faculty Publications

The influence of irradiance and Fe supply on phytoplankton processes was studied, north (47°S, 142°E) and south (54°S, 142°E) of the Subantarctic Front in austral autumn (March 1998). At both sites, resident cells exhibited nutrient stress (F_v/F_m 0 at 47°S and 9% I₀ at 54°S because of MLDs of 40 (47°S) and 90 m (54°S), when these stations were occupied. The greater MLD at 54°S is reflected by tenfold higher cellular chlorophyll a levels in the resident phytoplankton. In the 47°S experiment, chlorophyll a levels increased to >1 μg/L^-1 only in the high-Fe treatments, regardless …

Holocene Sediment Records From The Continental Shelf Of Mac. Robertson Land, East Antarctica, Peter N. Sedwick, Peter T. Harris, Lisette G. Robertson, Gary M. Mcmurtry, Maximilian D. Cremer, Philip Robinson

OES Faculty Publications

Geochemical records are presented for five sediment cores from basins on the continental shelf of Mac. Robertson Land, East Antarctica. The cores contain 2-4 m thick sequences of hemipelagic, siliceous mud and ooze (SMO) deposited under seasonally open marine conditions. The inner and middle shelf SMO sequences are massive dark olive green material, whereas the outer shelf SMO sequences are dark olive material interspersed with light olive green layers similar to1-10 cm thick. The biogenic material is dominated by marine diatoms including Fragilariopsis curta, Fragilariopsis cylindrus, and Chaetoceros spp. in the dark-colored SMO and Corethron criophilum in the …

Characterization Of Epitheliogenesis Imperfecta In Equus Caballus, Louis D. Lieto

University of Kentucky Doctoral Dissertations

Epitheliogenesis Imperfecta (EI) is a mechanobullous disease that occurs in newborn American Saddlebred and Belgian Draft foals. Necropsy evaluations of two American Saddlebred foals revealed broad skin lesions, dental abnormalities and oral mucosa lesions. Construction of a partial pedigree showing occurrences of EI in American Saddlebred horses was consistent with a recessive pattern of inheritance. An allelic frequency of 0.04 was estimated for the EI gene. The pathological signs of EI were similar to a disease in humans known as Herlitz Junctional Epidermolysis Bullosa (HJEB). HJEB is caused by a defect in one of the three subunits of the laminin …

Cyberspace Invades The First Amendment: Where Do We Go From Here?, Dollie Deaton

University of Kentucky Master's Theses

Long before our nation was created, European Countries acknowledged the importance of freespeech. Despite this, Great Britain later denied this right to the New England Colonies. Over thelast two centuries many battles have been fought to make freedom of speech an inalienable right tobe shared by all. A good portion of these battles have been fought in courtrooms. Judge andSupreme Court justices have dealt with issues ranging from what is a public figure to what isindecent speech. Many of these issues are not found in the original text of the Constitution. This hasforced the judges to devise tests to determine …

Implementation Costs Of Kentucky's Erosion Control Best Management Practices For Skid Trails, Bennett Scott Shouse

University of Kentucky Master's Theses

This paper describes a study designed to determine average labor and machine times required to implement erosion control and revegetation best management practices (BMPs) for skid trails in Kentucky. Labor and machine activities were recorded for 14,400 feet of skid trail on 10 nonindustrial private logging sites. Water bar construction and reshaping activities such as filling ruts and berm removal were filmed continuously with a video camera and then analyzed using time-motion study techniques. Labor activities for revegetation such as seeding and application of fertilizer were also timed. The average total machine time for retirement activities per 1000 feet was …

Frictions As A Constraint On Tax Planning, David M. Schizer

Faculty Scholarship

The government often uses narrow tax reforms to target specific planning strategies. Sometimes the targeted transaction is stopped. But in other cases, taxpayers press on, tweaking the deal just enough to sidestep the reform. The difference often lies in transaction costs, financial accounting, and other 'frictions, " which are constraints on tax planning external to the tax law.

This Article contributes a methodology for determining whether frictions will block end runs, and illustrates the effect of frictions by comparing the constructive sale rule of section 1259 with the constructive ownership rule of section 1260. These reforms use the same statutory …

Judicial Review Under Seqra: A Statistical Study, Michael B. Gerrard

Faculty Scholarship

Nearly 2000 judicial opinions were issued under the State Environmental Quality Review Act ("SEQRA") between its enactment in 1975 and the end of 2000. Almost 700 were issued from 1990 (when the author began undertaking an annual review of SEQRA cases for the New York Law Journal) through 2000. These numbers are large enough to serve as a basis for a statistically valid review of case outcomes.

This article is divided into five parts. Part I presents statistics on the SEQRA cases. Part II reviews the history of how the Court of Appeals has decided SEQRA cases. Part III …

Nixon V. Shrink Missouri Government Pac: The Beginning Of The End Of The Buckley Era?, Richard Briffault

Faculty Scholarship

In Nixon v. Shrink Missouri Government PAC, the Supreme Court emphatically reaffirmed a key element of the campaign finance doctrine first articulated in Buckley v. Valeo a quarter-century earlier that governments may, consistent with the First Amendment, impose limitations on the size of contributions to election campaigns. Shrink Missouri was significant because the Eighth Circuit decision reversed by the Supreme Court had sought to strengthen the constitutional protection provided to contributions and had invalidated limitations on donations to Missouri state candidates that were actually higher than the limits on donations to federal candidates that the Supreme Court had previously …

Crosby And The "One-Voice" Myth In U.S. Foreign Relations, Sarah H. Cleveland

Faculty Scholarship

In Crosby v. National Foreign Trade Council, the Supreme Court invalidated a Massachusetts government procurement statute that barred state entities from doing business with companies that did business in Burma. The plaintiffs, an organization of private companies with foreign operations, challenged the law on constitutional and statutory preemption grounds, arguing that it improperly conflicted with federal foreign relations authority. The Supreme Court limited its holding to implied statutory preemption, finding that the Massachusetts provision improperly compromised the President's ability "to speak for the Nation with one voice." Crosby thus joined a long line of decisions in which the Supreme …

Toward Supranational Copyright Law? The Wto Panel Decision And The "Three-Step Test" For Copyright Exceptions, Jane C. Ginsburg

Faculty Scholarship

A dispute resolution panel of the World Trade Organization in June 2000 held the United States in contravention of its obligation under art. 13 of the TRIPs accord to "confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder." In the dispute resolution proceeding, initiated by the European Union at the behest of the Irish performing rights organization, the contested exception, enacted in the 1998 "Digital Millennium Copyright Act," exempted a broad range of retail and …

Unocal Fifteen Year Later (And What We Can Do About It), Ronald J. Gilson

Faculty Scholarship

The coincidence of the new millennium and the fifteenth anniversary of the Delaware Supreme Court's announcement of a new approach to takeover law provides an occasion to evaluate a remarkable experiment in corporate law – the Delaware Supreme Court's development of an intermediate standard of review for appraising defensive tactics. This assessment reveals that Unocal has developed into an unexplained and likely inexplicable preference that control contests be resolved through elections rather than through market transactions. In doing so, the remarkable struggle between the chancery court and the supreme court for Unocal's soul is canvassed. The author also maintains that …

Nonlinear Dynamics In Psychology, Stephen J. Guastello

Psychology Faculty Research and Publications

This article provides a survey of the applications of nonlinear dynamical systems theory to substantive problems encountered in the full scope of psychological science. Applications are organized into three topical areas – cognitive science, social and organizational psychology, and personality and clinical psychology. Both theoretical and empirical studies are considered with an emphasis on works that capture the broadest scope of issues that are of substantive interest to psychological theory. A budding literature on the implications of NDS principles in professional practice is reported also.

Disclosure Norms, Eric L. Talley

Faculty Scholarship

The purpose of this Article is to interrogate the relationship between judicial error and extralegal norms more formally, focusing particularly on typical corporate disclosure contexts. In so doing, I shall argue that this relationship is far less clear-cut than much of the literature suggests. Using a formal, game-theoretic model of information disclosure, I demonstrate that in the presence of judicial error, a society that benefits from extralegal norms of honest disclosure might ironically favor more expansive legal regulation than would a similarly situated society in which norms are weak or nonexistent. Thus, in contrast to the common argument that norms …

Moral Pluck: Legal Ethics In Popular Culture, William H. Simon

Faculty Scholarship

Favorable portrayals of lawyers in popular culture tend to adopt a distinctive ethical perspective. This perspective departs radically from the premises of the "Conformist Moralism" exemplified by the official ethics of the American bar and the arguments of the proponents of President Clinton's impeachment. While Conformist Moralism is strongly authoritarian and categorical, popular culture exalts a quality that might be called "Moral Pluck " – a combination of resourcefulness and transgression in the service of basic but informal values. This Essay traces the theme of Moral Pluck through three of the most prominent fictional portrayals of lawyers in recent years …

Second Generation Employment Discrimination: A Structural Approach, Susan Sturm

Faculty Scholarship

The judiciary's traditional rule-based approach has been successful in reducing overt discrimination against women and people of color. It has been less effective in addressing more subtle and complex forms of workplace inequity. These second generation forms of bias result from patterns of interaction, informal norms, networking, mentoring, and evaluation. Drawing on the potential of recent Supreme Court decisions, Professor Sturm proposes a structural regulatory solution to this problem of second generation employment discrimination. Her approach links the efforts of courts, workplaces, employees, lawyers, and mediating organizations to construct a regime that encourages employers to engage in effective problem solving. …

The Rise Of Dispersed Ownership: The Roles Of Law And The State In The Separation Of Ownership And Control, John C. Coffee Jr.

Faculty Scholarship

Recent scholarship on comparative corporate governance has produced a puzzle. While Berle and Means had assumed that all large public corporations would mature to an end-stage capital structure characterized by the separation of ownership and control, the contemporary empirical evidence is decidedly to the contrary. Instead of convergence toward a single capital structure, the twentieth century saw the polarization of corporate structure between two rival systems of corporate governance:

1. A Dispersed Ownership System, characterized by strong securities markets, rigorous disclosure standards, and high market transparency, in which the market for corporate control constitutes the ultimate disciplinary mechanism; and
2. A …

Sales And Elections As Methods For Transferring Corporate Control, Ronald J. Gilson, Alan Schwartz

Faculty Scholarship

Delaware case law has rendered the tender offer obsolete as a method for purchasing a company whose directors oppose the acquisition. A potential acquirer facing target opposition today must run an insurgent director slate, in the expectation that its directors are more likely to sell. The Delaware courts have not justified their preference for elections over markets as the preferred vehicle for implementing changes in control. Informal scholarly analyses ask transaction cost questions, such as whether proxy contests are more costly than takeovers. This article attempts to break new ground by asking whether there are systematic differences in the performance …

Bolivia Or Bust: Cila Memories, Dennis C. Tucker

The Christian Librarian

The first tentative talks about the possibility of a teaching mission to Bolivia began in June of 1998 at the annual conference of the Association of Christian Librarians. We had a semi-formal meeting to discuss the possibility at the 1999 annual conference-nearly a year before it would actually happen-at a meeting of the Commission for International Library Assistance (CILA), a ministry of the Association. The mission of CILA is to provide support for libraries in developing countries where there is a lack of formal training or financial resources. It does so by serving as an umbrella organization to coordinate requests …

What Happened To Property In Law And Economics?, Thomas W. Merrill, Henry E. Smith

Faculty Scholarship

Property has fallen out of fashion. Although people are as concerned as ever with acquiring and defending their material possessions, in the academic world there is little interest in understanding property. To some extent, this indifference reflects a more general skepticism about the value of conceptual analysis, as opposed to functional assessment of institutions. There is, however, a deeper reason for the indifference to property. It is a commonplace of academic discourse that property is simply a "bundle of rights," and that any distribution of rights and privileges among persons with respect to things can be dignified with the (almost …

The Y Factor, J. Ray Doerksen

The Christian Librarian

In my last column, I discussed the Sabbath in terms of its personal, physical and spiritual dimensions. In this column I want to examine its implications for corporate institutions such as Christian colleges and universities-and the libraries that serve them.

As you remember, there is physical significance-as well as spiritual-to the concept of Sabbath. God instituted a rhythm of work and rest. Probably all of us agree that periodic rest is a good thing for us as human beings. Does the same principle apply to corporate institutions, or does the fact that people only work five or six days in …

Objectivity, Values, And The Christian Librarian, Steve Baker

The Christian Librarian

The central questions of Christian librarianship in the postmodern world involve the philosophical grounds of collection development. Are there reliable objective grounds for attempting to build balanced collections? What values ought to guide the librarian in this task? How will the application of those values differ in the context of an evangelical Christian institution?

Publication Rules In The Rulemaking Spectrum: Assuring Proper Respect For An Essential Element, Peter L. Strauss

Faculty Scholarship

Imagine a visitor who seeks to catalog the variety of written texts American government uses to communicate its powers and its citizens' rights and obligations. She might organize those texts into the following pyramid:

• A Constitution, adopted by "the people"

• Hundreds of statutes, adopted by an elected Congress

• Thousands of regulations, adopted by politically responsible executive officials

• Tens of thousands of interpretations and other guidance documents, issued by responsible bureaus

• Countless advice letters, press releases, and other statements of understanding, generated by individual bureaucrats

On inquiry she would find that we understand passably well the …

Information Technology And Non-Legal Sanctions In Financing Transactions, Ronald J. Mann

Faculty Scholarship

This Essay investigates the effect of advances in information technology on the private institutions that businesses use to resolve information asymmetries in financing transactions. The first part of the Essay discusses how information technology can permit direct verification of the information, obviating the problem entirely; the Essay discusses the example of the substitution of the debit card for the check, which provides an immediate payment that obviates the need for the merchant to consider whether payment will be forthcoming when the check is presented to the bank on which it is drawn.

The second part of the Essay discusses how …

The Benefits Of Professional And Youth Art In An Airport Community, Kathleen Thompson

Journal of Aviation/Aerospace Education & Research

Although few would initially consider an airport a community, these sprawling sites of aviation technology do qualify according to the definition in the Wordsworth's Concise English Dictionary. Community: common possessions or enjoyment: people having common rights: a body of persons in the same locality: leading a common life: a common affinity. Certainly the thousands that enter daily any major hub share common possessions, rights, a shared locality, and an affinity or need for travel. More than a few frenzied business flyers might admit that their base airport is a more familiar location than their suburban or urban neighborhood.

Case Study Of A Fourth Generation Mrm Program At A Corporate Aviation Operator, Manoj S. Patanker, James C. Taylor

Journal of Aviation/Aerospace Education & Research

Research in aviation maintenance human factors maps the evolution of MRM training programs into four distinct generations bridging attitude awareness programs, behavior changes, and process and structure changes. This paper analyzes a fourth generation MRM program from the perspective of the multi-step process, developed by the authors, as a guide for airlines to develop their own human factors programs. This analysis demonstrates that the corporate maintenance human factors program under review is a forerunner; however, a few additional, definitive steps during the planning, implementation, and follow-up would make this program more robust.

Controlled Flight Into Terrain: How The Airlines And The Federal Aviation Administration Are Addressing The Problem, Roger C. Matteson

Journal of Aviation/Aerospace Education & Research

Controlled Flight into Terrain (CFIT) is not a new problem. It has been around since the beginning of manned flight. A CFIT accident occurs when an airworthy aircraft, under the control of a pilot, is flown (unintentionally) into terrain, water, or obstacles with inadequate awareness on the part of the pilot (crew) of the impending collision (Wiener, 1977). It would seem that CFIT would be an easy problem to solve or reduce but unfortunately, that has not been the case. CFIT is still the leading cause of all fatal aircraft accidents in the world. Figure 1 illustrates the CFIT accident …

Accreditation Of Collegiate Aviation’S Distance Education Programs: Now And In The Future, Brent D. Bowen, Nanette Scarpellini, Mary Fink

Journal of Aviation/Aerospace Education & Research

The purpose of this research endeavor is to benchmark and evaluate the accreditation status of aviation distance education programs in the United States. This study examines both the expanding role of distance education as a delivery method for aviation courses as well as the need for establishing standards. The research methods provide data collection through content analysis, literature review, and a survey tool mailed to aviation professionals nationwide. The findings reveal that, in general, most disciplines are either just beginning to approach the subject of distance education accreditation of programs or do not deal with the issue at all. The …