Digital Commons Network^™

United States V. Locke, 529 U.S. 89 (2000)

San Diego Law Review

The Ports and Waterways Safety Act (PWSA) authorizes, but does not require, the United States Coast Guard to enact prophylactic measures for regulating ocean vessel traffic, protecting waterway navigation, and protecting the marine environment. I The United States Supreme Court recently decided that individual states do not have the authority to enact oil tanker laws and regulations that are more restrictive than the federal

PWSA. Citing the Supremacy Clause, z the Supreme Court, in United States v. Locke, 3 held that a federal determination that a vessel is sufficiently safe to navigate United States waters trumps contrary or inconsistent state …

“God Told Me To Kill”: Religion Or Delusion?, Grant M. Morris, Ansar Haroun

San Diego Law Review

This Article explores how, in assessing the motivation of those who kill because they believe they were directed by God to do so, society distinguishes religious-based decisions from delusional decisions that result from mental disorder. Part II discusses how religion is defined in our society, and Part III considers the extent to which religious conduct, as opposed to religious belief, is protected from governmental intrusion.

Tobacco Tort Litigation In California: A Better Understanding Of Civil Code Section 1714.45, Stephen D. Sugarman

San Diego Law Review

Before 1963, lawsuits in California by victims of product injuries were either handled under principles of negligence or they were cast as contract claims that drew on “implied warranty” principles.8 For example, if someone bought a loaf of bread from a local bakery, took a bite out of the loaf, and it turned out that a sharp pin hidden in the bread injured the person, the victim could sue the bakery (1) in tort, claiming that the bakery negligently allowed the pin to get into the bread, or (2) in contract, claiming that in providing this sort of bread the …

The Supreme Court, The Florida Vote, And Equal Protection, Larry Alexander

San Diego Law Review

The Supreme Court majority in Bush v. Gore1 has taken a lot of flak for its ruling that the Florida count of undervotes violated the Equal Protection Clause of the Fourteenth Amendment. Commentators, and not only those on the left, have labeled the Court’s reasoning as without basis in precedent, weak in its logic, and breathtakingly sweeping in its implications.2 For those inclined to suspect the justices of naked partisanship, the equal protection argument did nothing to allay those suspicions.

It is argued in this Essay, however, that the case for an equal protection violation is supported both by precedent …

Sex Changes And “Opposite-Sex” Marriage: Applying The Full Faith And Credit Clause To Compel Interstate Recognition Of Transgendered Persons’ Amended Legal Sex For Marital Purposes

San Diego Law Review

This Comment argues that, in most cases, states are constitutionally bound to give full faith and credit to laws and judgments rendered in

sister states, including those that result in changes of the sex designated on birth certificates. The sex designated on the birth certificate controls gender identity for all legal purposes of the individual named therein. Therefore, unless a forum state demonstrates that allowing transsexuals and intersexuals to marry in their legal gender is contrary to an important state interest, that state must recognize “opposite-sex” marriages involving transsexuals and intersexuals.

Which Public, Whose Interest? The Fcc, The Public Interest, And Low-Power Radio

San Diego Law Review

Faced with legal challenges8 and, in 1998 alone, over 13,000 inquiries from people and groups interested in starting low-power stations, the government relented, and in January 2000, completed a process creating a new low-power FM (LPFM) service.9 In the space of two years, the FCC had gone from raiding and shutting down microradio stations to inviting applications for low-power broadcast licenses. Such a dramatic shift in policy could only come about through a reinterpretation of the public interest standard. Part III of this Comment continues by analyzing

the concept of the public interest that underlies the new LPFM service and …

The National Invasive Species Act Of 1996: An Assessment Of Current Statutes And Potential Changes And Improvements For Future Legislation Regarding Ballast Water Discharge And Prevention Of Invasion By Non-Indigenous Species, Alison P. Armstrong

Open Access Master's Theses

Ninety-five percent of consumer goods used in the United States reach the markets by way of vessel transport. Each of these vessels carries ballast water, and with it, exotic organisms from ports around the world that can threaten native ecosystems.

A survey (n=10) conducted to gather perceptions on existing ballast water legislation shows that those state and federal agencies who are involved agree on certain aspects of the issue, but there are broad areas of dissent regarding other aspects. Policy actors do feel that this issue must be regulated, however, an agreement on how to reach the goals of ballast …

Death And Identity: Consumer Behavior In Asante Death Rituals, Samuel Kwaku Bonsu

Open Access Dissertations

Poorer societies have been ignored in scholarly dialogue on consumer behavior and consumption. The globalization of markets and consumption makes it imperative for marketing and consumer researchers to pay attention to these societies. This dissertation, therefore, explored the dynamics of consumer product decisions and how choices are used by the bereaved to negotiate identities for themselves and the deceased among the Asante people of Ghana. The study focused on the increasingly important role of the ritualized consumption of death ritual products among the Asante people of Ghana. West Africa, and examined the socio-cultural sources of influence on death product choices …

Remote Sensing Of Bio-Optical Water Types, Phytoplankton Seasonality, And Algal Pigments In Ocean Margin Waters, Paula Susan Bontempi

Open Access Dissertations

A frontal edge detection algorithm was applied to remotely sensed ocean color satellite data to identify incorrect retrievals of phytoplankton chl a concentrations, and refine estimates of primary producer abundance in bio-optically complex ocean margin waters. Improvement of the remotely sensed biological signal will facilitate establishment of more accurate daily to decadal phytoplankton spatial patterns in these waters, and enable prediction of phytoplankton blooms or features from space. Spatial patterns of chlorophyll a (chl a) and water-leaving radiance (Lwn) from 1998 SeaWiFS (Sea-Viewing Wide Field-of-View Sensor) images were examined from ocean margin waters off the southeastern continental United States (SEC). …

The Influence Of Teacher Response On African American Students' Codeswitching, Celeste Minor Bowler

Open Access Dissertations

This study examines the relationship between teacher response and African American codeswitching. The main question of this study was, "How does teacher response influence codeswitching of African American high school students?" The study was conducted in a large urban high school, in two separate college preparatory English classes. The subjects were nine African American students. The Experimental Group consisted of four African American students in one English class. The Control Group consisted of five African American students in the other English class. The same teacher taught both groups of students. Data collected over a five-week period from audiotapes and field …

The Electronic Fishbowl As A Community Of Inquiry: Management Passion In The Xxist Century, Matthew Eriksen

Open Access Dissertations

This dissertation presents a new pedagogy called the Fishbowl that employs experiential learning based on reflection (Dewey, 1928, Rodgers, 1969, Schön, 1983, Torbert, 1973, 1976, 1991, Siebert & Daudelin, 1999), learning cells (Goldschmid, 1970 & 1971), and the fishbowl technique (Villalba, Lemmond, & Baymiller, 1998). It is an attempt to create a community of inquiry. The question addressed is what cognitive characteristics, communication skills, and affective characteristics of learners are related to learner satisfaction with the Fishbowl pedagogy. Communication factors are taken into consideration because the Fishbowl is a cooperative form of learning and it represents a novel communication episode. …

Traces Of Enlightenment: Eighteenth-Century Travel Writing And The Reproduction Of Knowledge(S), Richard Kenneth Van Dyke

Open Access Dissertations

Through analysis of eighteenth-century travel writing and eighteenth-century attempts to discover a reliable metaphysical knowledge, this study reveals foundational instability in the European Enlightenment knowledge project and thus makes a call for a more nuanced approach to eighteenth-century textuality than late twentieth-century discourse theorists usually allow. Discourse theorists often construct an enlightenment defined exclusively by progressive endpoints of social order, narrative control, and epistemological fixity, which lead to practices of domination over self-determined Others. Yet, through a focus on the metaphysical inquiries of George Berkeley and David Hume, a different picture of the eighteenth-century knowledge project emerges. For Berkeley and …

The Effectiveness Of Transitional Bilingual Education On The Reading Performance Of Cape Verdean Students From Crioulo-Speaking Homes, Kay Helene Wood

Open Access Dissertations

This research examines the reading performance in English of Cape Verdean students who received three years of Transitional Bilingual Education (TBE) in comparison to the performance of Cape Verdean students who did not receive TBE or other bilingual language services. It also compares the performance of Cape Verdean students in grade five to their performance in grade six. Lastly, it compares the students' performance with that of the district-wide population at the same grade levels. Results on the reading subtest of the California Achievement Test, Fifth Edition (CAT/5) administered in grades five and six are used for comparisons. ANOVA is …

Study Of Particle Deposition In Human Airway Models, Guosen Yue

Open Access Dissertations

In this dissertation, the deposition of particles in human airway models is studied. The dissertation consists of three parts: In the first part, an analytical model of particle nasal airway deposition by diffusion considering effects of both laminar and turbulent flows is proposed. It appears in the literature that neither laminar nor turbulent analytical models alone works well for the entire range of diffusion parameters. A simplified turbulent particle diffusion equation is first developed and then a new combined turbulent/laminar diffusion model is proposed. The results predicted from the new model show improved accuracy when compared with available experimental data …

Adaptation Of Closed Form Regularization Parameters With Prior Information To The Radial Basis Function Neural Network For High Frequency Financial Time Series, Nina Kajiji

Open Access Dissertations

The research presented in this dissertation offers an extension to the classic Broomhead and Lowe Radial Basis Function artificial neural network (RBF ANN) algorithm [1]. The algorithm is extended by incorporating the concepts of Tikhonov's Regularization theory [2] in the form of ridge regression with prior information matrix. Although, the concepts of Ridge Regression introduced by Hoerl & Kennard [3] and the concepts of prior-information matrix introduced by Swindel [4] are not new, their joint implementation in a RBF ANN has not been investigated prior to this research. The objective of this extension is to produce a more accurate system …

Examining The Structural And Philosophical Positions Of Community-Based Organization Practitioners, Dana Scott Mills

Open Access Dissertations

Research examining the gap between science and practice in community health promotion often acknowledges the relevance of differing philosophies between science and practice populations and their relative influence on technology transfer. However, few studies have examined the nature of the philosophical differences on the adoption of science-based health promotion and prevention program adoption. This dissertation explored the paradigmatic views and philosophical orientations of community-based prevention providers with a focus on how paradigm differences between researchers and practitioners sustain gaps and block the transfer of technology (a.k.a., diffusion of innovations, utilization of research findings, adopting science-based programs) in community health promotion …

School Psychologists' Knowledge Of Family Violence And Their Identification Of Children From Violent Homes, Anne Maile Lamoureux

Open Access Dissertations

This study assessed school psychologists' knowledge of family violence. Three major questions were addressed: (1) Does a school psychologists' educational, specialized training and perceived experience level affect their knowledge about family violence symptomology, risk factors and facts? (2) Does a school psychologists' educational, specialized training and perceived experience level affect their assessment of a child's risk level and choice of an intervention? (3) Do the age, gender, and behaviors of a child influence participants' assessment of the child's risk level and their choice of an intervention? A random, national sample of school psychologists was mailed the instrument. Information was collected …

Impedance Analysis Of An Enhanced Piezoelectric Biosensor, Gi-Ho Kim

Open Access Dissertations

This study investigated the usefulness and characteristics of a five-megahertz quartz crystal resonator oscillating in a thickness-shear mode as a sensor of biological pathogens such as Salmonella typhimurium . An impedance analyzer measured the impedance of the oscillating quartz crystal, which determined all mechanical properties of the oscillating quartz and its immediate environment. In this study, the impedance behavior of the bare crystal was characterized in air and in potassium phosphate buffer solution. The potassium phosphate buffer was a Newtonian liquid. The resonance frequency of the oscillating quartz shifted down about 900 Hz by contacting with the buffer. An immobilized-antibody …

Development, Validation And Factorial Invariance Of Transtheoretical Model Measures For Recovery From Anorexia Nervosa And Bulimia Nervosa, Patricia Janet Jordan

Open Access Dissertations

The purpose of this study was to advance understanding of the self-change process in recovery from anorexia nervosa (AN) and bulimia nervosa (BN) through: (a) development of a staging instrument for recovery from BN; (b) development of TTM-based measures, including decisional balance, self-efficacy, and processes of change; (c) invariance testing of these measures across AN and BN subsamples; and (d) characteristic description of individuals at each stage of change. The sample (N = 427) was composed of AN subgroup (n = 278) and BN subgroup (n = 149) who completed questionnaires measuring all constructs of the TTM, as well as …

Contaminants In Narragansett Bay Sediments, Paul Christian Hartmann

Open Access Dissertations

Three interrelated studies using sediment samples collected at 41 stations in 1997-98 and sediment trap samples collected from 14 stations in 2000 are presented. The concentration of LABs, PAHs, TPHs, PCBs, DDTs, and chlordanes in the surface sediments (top 2 cm) were highest in the urban rivers at the head of the bay and decreased down the East and West Passages. Overall, the data indicate that sediment PAHs, PCBs and DDTs may have a significant impact on the benthos of Narragansett Bay. The ratio of PAH to TPH, as well as the alkyl homolog distribution for PAHs, indicates that petrogenic …

Using Jpeg2000 Compressed Images For Foveated Texture Mapping In Limited Memory Environments, Timothy Michael Henry

Open Access Dissertations

Despite advances in hardware technology and software rendering algorithms, there remain several limitations that force design trade-offs in virtual environments and visualization systems, such as the decision between increased level of detail, scene rendering time and the storage size of an object or virtual world. If an application involves the Internet or another restricted bandwidth transmission environment, the amount of data necessary to communicate a high level of detail becomes an even more critical parameter. Texture mapping and light mapping are used to increase the realism of a scene without increasing the geometric complexity. The cost for these methods is …

A Study Of The Antarctic Circumpolar Current In Streamfunction Space, Che Sun

Open Access Dissertations

Historical hydrographic data from the Southern Ocean are projected into a baroclinic stream function space, generating a three-dimensional gravest empirical mode (GEM) that explains more than 97% of the total density and temperature variance in the Antarctic Circumpolar Current (ACC) region. An analysis of the ACC fronts and frontal water masses in this streamfunction space shows that both the Subantarctic Mode Water and the Antarctic Intermediate Water are formed by along-isopycnal subduction of polar surface water in the southeast Pacific. The method is then used to calculate the heat flux by the ACC mean flow, showing the primary heat sources …

Numerical Modeling Of Estuarine Transport, Water Quality, And The Impact Of Shrimp Mariculture In The Rio Chone Estuary, Ecuador, Diana Lynn Stram

Open Access Dissertations

The Rio Chone estuary in Ecuador has been heavily impacted by a range of anthropogenic impacts, particularly the conversion of mangrove forests to shrimp mariculture ponds. The combination of seasonal river flow, climate forcing and the influx of highly saline pond effluents have created a slow circulation regime in the estuary, especially during the dry season when the estuary can undergo a salinity inversion from mouth to head. Both shrimp production and water quality in the estuary have declined, specifically in the upper regions of the estuary where low dissolved oxygen is often a problem. A combined physical and biological …

The Effects Of The Intensity Of Conflict And Commitment On Marketing Channel Partnership Survival, Elizabeth F. Purinton

Open Access Dissertations

The survival of marketing channel partnerships is important to both the buyer and the seller. Dissolution would entail loss of sales and partnership-specific assets, and would require outlay of time, money and effort to find and invest in a new partnership. Unfortunately for both practitioners and academicians, little is known about the maintenance and dissolution of partnerships despite the call for research put forth by Frazier (1983, 1999), Dwyer, Schurr and Oh (1987), and Ping (1993). The intent of this paper is to examine several relationships within partnership dynamics. First, are the roles of commitment and conflict and their potential …

A Synthetic Approach To Forecasting Fleet Costs And Earnings In The Northeast Regions Of The United States, Philippe D. Lallemand

Open Access Dissertations

This study describes the New England Otter Trawl Fishery between 1982 and 1998 and the potential economic impacts of regulations on the Northeastern Multispecies Groundfish Fishery (MGF). The study uses primary data collected by the author and secondary data obtained from the National Marine Fisheries Service (NMFS). This research required extensive econometric analysis of both value landed and cost data. The landed value is influenced by the vessel's physical characteristics, port of landing, seasonal choices of fishing gear-species combinations, days at sea and distance from shore, and the captain's skill (also referred to as the "skipper effect"). The vessel-cost model …

Movin' On Up To The 21st Century: Multiculturalism… Making The Abstract Applied, Vonda Dionne Jones-Hudson

Open Access Dissertations

The following evaluative study looks at a psychology department's organizational development and change process. Using the Multicultural Environment Inventory (MEI) (Pope-Davis & Liu, 1995), the Departmental Cross Reference to the MEI (DCR-MEI) (Jones-Hudson, 1997), and a short version of the Marlowe-Crowne Social Desirability Scale (Reynolds, 1982), this research assessed the psychometric properties of the surveys and the effects of the 3-year intervention designed to assist the University of Rhode Island's Psychology Department in its journey towards multicultural proficiency. Using information from an initial consult in 1995, data was collected in 1998 to measure change specific to the environment and curricula …

Algorithms For Series Coefficients, Jun Zhang

Open Access Dissertations

The expansion of Taylor series is a very old topic in both pure and applied mathematics. It plays a crucial role in fundamental theory and applications. Computer algebra systems provide an interactive environment to assist in solving many mathematical problems. This work focuses on the development of techniques and algorithms for determining the coefficients in the Taylor expansion of a function. Our goal is to provide a set of procedures that can be implemented with these systems. In this work, by comparing coefficients and taking derivatives, we develop some new methods called exact methods. We introduce transform methods, which is …

The Speed Of Money: Investment As Consumption In Age Of Computer-Mediated Communication, Detlev Zwick

Open Access Dissertations

Using the tools of interpretive consumer research my dissertation explores individual online investing in stocks and mutual funds. Investing in the stock market means more to the individual than the pursuit of a rational financial strategy. Approaches to study investment behavior developed by disciplines such as finance and economics have produced subject-specific but from a marketing perspective empty knowledge. An analysis informed by marketing and consumer theories is able to construe investing as consuming and bring into being a richer and more contextualized description of the lived experience of online investing. Based on a hermeneutic reading of 30 in-depth one-on-one …

Inhibition Studies Of Protein Phosphatase 2a By Known Cathartic Plant Drugs, Michael Ford

Open Access Master's Theses

Protein phosphatases play significant roles in signal transduction pathways that regulate cellular processes in response to external/internal stimuli. They are crucial for the growth, division, and differentiation of all organisms. Examples of cell functions involving reversible phosphorylation include ion transport, metabolism, cell cycle progression, developmental control, and stress responses. Serine/threoninespecific protein phosphatases are of particular interest in this study. There are two types of serine/threonine-specific protein phosphatases: type 1 & type 2. Both protein phosphatase 1 (PPl) and protein phosphatase 2A (PP2A) are inhibited by a structurally diverse group of natural toxins produced by marine organisms that cause diarrhetic shellfish …

Factors Affecting Adherence To Antiretroviral Therapy In Hiv Positive Injection Drug Users (Idus) And Non-Idus., Dipti R. Salgaonkar

Open Access Master's Theses

The study of adherence to antiretroviral therapy among HIV positive Injection Drug Users (IDUs) has been largely neglected. Many clinicians believe that this group is too unreliable to take these medications, particularly in the early stage of their recovery from drug abuse when they are vulnerable to relapse. This is the first study of its kind to compare medication adherence rates between HIV positive injection drug users and non-users.

The medication adherence among IDUs and non-IDUs was compared in an HIV infected population (n=143) who were currently on antiretroviral therapy. The factors affecting medication adherence were also examined in the …