Digital Commons Network^™

Abstention In The Federal Courts: A Suggested Bifurcated Standard Of Review To Create Procedural Reliance Where States And Localities Regulate Constitutionally Protected Activity, Carl E. Brody Jr.

St. Thomas Law Review

State and local governmental entities are conferred the responsibility of creating and enforcing laws within their jurisdictions for the efficient governance of their citizens. Where these laws impact on individuals or businesses subject to this regulatory function, challenge through the court system becomes the only available outlet to determine the rights of the parties. These challenges to state and local laws regulating the acts of private individual and commercial activity are almost uniformly based on claims that such laws violate the First Amendment or other constitutional rights. In many cases, for various purposes, these plaintiff/challengers avail themselves of the jurisdiction …

Too Young To Understand--Extending Equal Access To All Children In Public Schools Regardless Of Age, David Woodcock

St. Thomas Law Review

Finding the right mix of church and state is not an easy task for our society. This is especially true in our public schools. Everyday, millions of elementary school students meet after school in public school facilities to participate in Girl Scouts, Boy Scouts, Cub Scouts, Brownies, and 4-H Clubs. These organizations share the goals of preparing young boys and girls to grow into men and women of good morals and character. Religious organizations that share these goals, however, are denied access to school facilities simply because they have a religious point of view. School districts have told children that …

Administrative Pitfalls Of Litigating Under The Florida Civil Rights Act, Kenneth M. Curtin

St. Thomas Law Review

Under the common law in Florida, an employee hired for an indefinite period of time was considered an employee-at-will and either party could terminate the employment at any time and for any reason without incurring liability. The Florida Civil Rights Act of 19922 ("FCRA") modified the common law in that, the FCRA created a cause of action for unlawful termination. The FCRA was patterned after Title VII of the Federal Civil Rights Acts of 1964 and 1991, as well as the Age Discrimination in Employment Act.' Nevertheless, differences abound between federal legislation and the FCRA, especially in regards to administrative …

Gentetically Engineering People: A Jewish Law Analysis Of Personhood, Michael J. Broyde

St. Thomas Law Review

The central theme and thrust of this article is that Jewish law is comfortable with humans as caretakers of nature, even if that entails "correcting" natural genetic flaws, and that the Jewish tradition has a bi-directional definition of humanness, with one being human either by being from a human mother or by being capable of human thought, and that within those parameters genetic engineering is to be treated like any other form of medical treatment, which is proper when used to benefit humanity.

On Genetic Engineering And The Idea Of The Sacred: A Secular Argument, Gregory E. Kaebnick

St. Thomas Law Review

In short, we need to be able to argue about the sacred. The next section contains a few brief remarks about the general idea of the sacred and whether we can and how we can argue about the sacred. In the remainder of the paper, consideration is given to the more specific appeal to the sacred made in discussions about genetic engineering, and some defenses of that notion.

Islam And The New Genetics, Mohamed Fadel

St. Thomas Law Review

Muslims, along with other people of conscience, have followed the recent developments in the field of genetics with a combination of awe and trepidation - awe at the ability of modem science to plumb ever more deeply into the mechanics of life, but with fear stemming from suspicion that these discoveries and the incipient technologies developing in their wake permitting the manipulation of life will not be sufficiently controlled by the higher moral purposes imposed upon us by God. Nevertheless, with the exception of human replication by cloning,' Muslim theologians across the board seem willing to adopt a "wait and …

Innocent Of Empirical Rigor, Derry Ridgway

St. Thomas Law Review

The paper begins, as the research did, with a review of published judicial decisions concerning the medical care of children. It then examines the role played by medical science in those decisions. The review suggests that when American courts make determinations about children's medical care, they customarily do so without knowing or crediting the relevant and available science - a failure of comprehension - or without applying the available empirical knowledge to the case at hand - a failure of scientific reasoning - or both. The paper concludes with a proposal that might bring future decisions into better alignment with …

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin P. Quinn

St. Thomas Law Review

No abstract provided.

Knowledge And Wisdom: Human Genetic Interventions With Religious Insight, Kevin Fitzgerald

St. Thomas Law Review

No abstract provided.

Farm And Home Research: 52-1, Mary Brashier, Jerry Leslie

Farm and Home Research: 1999 - 2007

In this Issue: [Page] 1- Director’s comments [Page] 2- Ag Communications [Page] 3- Agricultural and Biosystems Engineering [Page] 4- Animal and Range Science [Page] 5- Biology and Microbiology [Page] 6- Chemistry and Biochemistry [Page] 7- Dairy Science [Page] 8- Economics [Page] 9 – College of Family and Consumer Sciences [Page] 10- Horticulture, Forestry, Landscape and Parks [Page] 11 – Plant Science [Page] 12- Rural Sociology [Page] 13- Veterinary Science [Page] 14-Wildlife and Fisheries [Page] 15- Service Labs [Page] 19- Out-State Stations [Page] 113th Annual Report

Farm & Home Research (Winter 2001), South Dakota Agricultural Experiment Station

South Dakota Agricultural Experiment Station Annual Reports : 1960 - 2021

This issue of Farm and Home Research contains the 113th Agricultural Experiment Station Annual Report. People, projects and budget of the Agricultural Experiment Station for 2000.

The Concepts Of Self-Determination And Autonomy Of Indigenous Peoples In The Draft United Nations Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes

St. Thomas Law Review

Susan J. Ferrell Keynote Address by Vis. Prof. Dr. Erica-Irene A. Daes, Chairperson of the UN Working Group on Indigenous Populations.

Making Sense Out Of Nevada V. Hicks: A Reinterpretation, Alex Tallchief Skibine

St. Thomas Law Review

This article will first, summarize the law as it was before Hicks and second, focus on the various concurring opinions found in Hicks. Then, it will analyze the nature of the tribal right to exclude in an attempt to reconcile the results reached by the U.S. Supreme Court in terms of federalist principles. The article continues by arguing that Hicks can be conceived of as a special case requiring a clear statement from Congress before tribal jurisdiction can be judicially acknowledged. Finally, the article concludes by debating whether tribal powers, having been judicially divested, can be resuscitated through legislation, and …

Undergraduate Research Opportunities In Microelectronics At Boise State University, S. Burkett, J. Lusth, D. Russell, W. B. Knowlton, S. Parke

Chemistry and Biochemistry Faculty Publications and Presentations

Several opportunities exist for undergraduates in the Microelectronics area at Boise State University. This paper will describe the Research Experience for Undergraduates (REU) program funded by the National Science Foundation and other opportunities that have resulted for undergraduates due to external support. BSU became a NSF REU site for Microelectronics research in 1999. Each year 10 students are recruited nation-wide from various engineering and science disciplines to come to BSU for 8 weeks. The students work intensively with various faculty advisors and graduate student mentors. Another unique feature of our program is the tie to local industry. In 1999-2001, three …

The Transition To College Process In Pr-Cetp Scholars, E. Rivera, M. Rosa, A. Santiago, N. Torres, M. Bravo

Journal of Mathematics and Science: Collaborative Explorations

This article describes a study about the experiences of a group of students during the transition from high school to college. The students are future teachers who evidenced a high level of academic achievement in high school and received merit scholarships from the Puerto Rico Collaborative for Excellence in Teacher Preparation (PR-CETP). Two groups of students were compared: those who sustained a high GPA during their freshman year, and those who did not and, therefore, no longer qualified for the scholarship. The study was carried out through focused interviews with eight students, from three universities, four of whom maintained the …

Understanding Of The Mole Concept Achieved By Students In A Constructivist General Chemistry Course, C. Utria-Echevarria, M. Bravo

Journal of Mathematics and Science: Collaborative Explorations

The purpose of this research project was to study the conceptual understanding achieved in a general chemistry course based on a constructivist approach. A group of 28 students participated in repeated measures obtained by means of conceptual maps about the mole concept prepared three times during the course: at the beginning the course, immediately after the concept was studied, and after studying other related concepts. In addition, eight students selected from the group of 28 were interviewed. The interviews were carried out focusing on their conceptual maps. The analysis of the repeated measures indicated significant differences among the three times, …

Concept Building Through Active Learning Experiences With The Calculator Based Laboratory (Cbl), N. Motta

Journal of Mathematics and Science: Collaborative Explorations

No abstract provided.

Journal Of Mathematics And Science: Collaborative Explorations

Journal of Mathematics and Science: Collaborative Explorations

No abstract provided.

Winter 2001

Bill of Particulars

No abstract provided.

A Saturday With Herman B. Wells, Douglass G. Boshkoff

Douglass Boshkoff (1971-1972 Acting; 1972-1975)

No abstract provided.

Ethnicity And The Jury System, Ashton Wesley Welch

Ethnic Studies Review

Discrimination in the jury system has been a matter of constitutional and ethical concern at least since the mid-nineteenth century. Ethnic and linguistic minorities have been disadvantaged by the use of the peremptory challenge, statutory requirements, and administrative practices which compromised the Sixth Amendment provision for a jury of one's peers with its implication for juror impartiality. Attacks on the discriminatory applications of those systems and practices resulted in reduction, as gradual as it was, of the exclusionary practices. Batson vs Kentucky made the Sixth Amendment guarantee more reachable for ethnic and linguistic minorities.

Ethnic Identity, Risk, And Protective Factors Related To Substance Abuse Among Mexican American Students, Edward Codina, Zenong Yin, Jesse T. Zapata, David S. Katims

Ethnic Studies Review

This study examines the relationship between ethnic identity, risk and protective factors for substance use and academic achievement. Risk factors include deviant behavior and susceptibility to peer influence, while the protective factor is self-reported "confidence" not to use substances. The sample consists of 2,370 Mexican American students enrolled in eighth, ninth, and tenth grades. Results of the analysis (MANOVA) revealed that females had more positive ethnic identity than males. Furthermore, males were significantly more susceptible to peer influence, reported higher levels of deviant behavior, used more substances and had lower grade point averages than females. There was no significant difference …

Saliency Of Category Information In Person Perception For Ingroup And Outgroup Members, Cynthia Willis-Esqueda, Rosemary J. Esseks

Ethnic Studies Review

The saliency of category information in person perception for ingroup and outgroup members was investigated. European American participants were presented with a fictional character that varied in race (African American or European American) and occupational garb (military, judge, doctor, or athlete). Occupations were chosen to be either stereotypical or nonstereotypical for African Americans and European Americans with the aid of the Statistical Abstract of the United States (1992) percentages. Based on prior research findings (Park & Rothbart, 1982; Mackie & Worth, 1989), it was predicted European American participants would spontaneously describe an outgroup character by race (superordinate category information), but …

Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman Jr.

Fordham Urban Law Journal

This Article analyzes the privatization of traditional government services by placing such changes in governance in a global context. Looking into what domestic institutions have to do with the global economy, this Article argues that the privatization of governmental services is very much a piece with deregulatory trends in the United States and elsewhere in which state-centered approaches to a variety of regulatory problems increasingly have given way to markets and market discourses at all levels of government. This Article then considers the effects of such privatization trends on the public/private distinction itself, and its implications for democracy in general. …

Public Oversight Of Public/Private Partnerships

Fordham Urban Law Journal

Richard Briffault moderates this panel discussion with Jack M. Beermann, Barbara L. Bezdek, Wayne G. Hawley, Susan Sturm and Louise G. Trubek. This panel looks more directly at some of the mechanisms for accountability and monitoring, a central theme of the entire Symposium. The panelists will be talking about such issues as the role of hte courts, litigation, government agencies, monitoring procedures, community organizations, advocacy groups, and public interest lawyering in providing monitoring and accountability for the new organizations and hybrid organizations that are center stage in the era of privatization.

The Extraction Of Classification Rules And Decision Trees From Independence Diagrams, Robert W. Kerbs

CCAC Theses and Dissertations

Databases are growing exponentially in many application domains. Timely construction of models that represent identified patterns and regularities in the data facilitate the prediction of future events based upon past performance. Data mining can promote this process through various model building techniques. The goal is to create models that intuitively represent the data and perhaps aid in the discovery of new knowledge.

Most data mining methods rely upon either fully-automated information-theoretic or statistical algorithms. Typically, these algorithms are non-interactive, hide the model derivation process from the user, require the assistance of a domain expert, are application-specific, and may not clearly …

The Role Of Matrix Metalloproteinase-2 In Glioma Invasion, Nicole Danielle Sauers

Master's Theses

Overexpression of matrix metalloproteinase 2, MMP-2, is correlated with highgrade gliomas in vivo. The purpose of this study was to investigate whether MMP-2 overexpression in glioma cell lines leads to increased invasion of glioma cells in vitro. The entire MMP-2 gene was isolated from U87, a glioma cell line known to have high expression of wild-type MMP-2. This :tvIMP-2 gene was inserted in a sense and antisense orientation into pCR3 .1 vectors with a CMV promoter to ensure high levels of expression. Glioma cell lines were transfected with the sense and antisense constructs, as well as the pCR3.l vector alone …

Dynamic Update Techniques For Online Maps And Attributes Data, Thanh H. Pham

CCAC Theses and Dissertations

Online databases containing geographic and related tabular data for maps and attributes often require continuous updates from widely distributed sources afield. For some applications, these data are dynamic, and thus are of little value if they do not reflect the latest information or changes. A status map that depicts graphically temporal data affecting accountability is an example of this type of data. How can accommodations be made collectively for the perpetual data updates in the database and the need to deliver online information in real time without making concessions? The goal of the dissertation was to analyze and evaluate techniques …

A Pragmatic Justification Of The Judicial Hunch, Mark C. Modak-Truran

Journal Articles

Judges currently face a daunting task. On the one hand, they are increasingly aware of the indeterminacy of the law, while on the other hand, they face an explosion of fact. Judges are floating on shaky legal timbers in a sea of documents, deposition transcripts, affidavits, oral courtroom testimony, and expert opinions. The explosion of fact alone presents monumental problems for deciding cases without unduly simplifying or reducing this factual complexity. For example, both federal and state judges are implementing case management systems to deal with their crushing case loads and the increasing complexity of their cases. In addition, there …

A Law Culture Diagnostic, James R. Elkins

Law Faculty Scholarship

No abstract provided.