Digital Commons Network^™

Free Speech For Judges: A Commentary On Lubet Et Al. V. Posner, Monroe H. Freedman

Hofstra Law Faculty Scholarship

Criticism of unethical judicial conduct has been leveled against Richard Posner, the widely respected former chief judge of the United States Court of Appeals for the Seventh Circuit. The critics are two widely respected legal scholars, Professors Steven Lubet and Ronald Dworkin. Judge Posner, in turn, has vigorously defended himself. Given the intellectual stature of the antagonists, it is not surprising that both sides are right. In my view, however, Judge Posner is more right.

From The Bankruptcy Courts: Superpriority Status For Inadequately Protected Secured Creditors: Not Just For The Asking, Alan N. Resnick, Brad Eric Scheler

Hofstra Law Faculty Scholarship

No abstract provided.

Two Instructional Approaches - The Electric Maze And The Direct Instructional Model-For Teaching At- Risk Kindergarten Students Alphabet Letter Names, Sherry Marie Jack

Dissertations and Theses @ UNI

This paper compares the effectiveness of two instructional approaches for teaching the names of alphabet letters to 5 and 6 year-old elementary students who were at risk for academic failure. The literature review examines investigations which had previously addressed the direct instructional model and parameters of active learning. In this context, a variety of perspectives regarding active learning are reviewed followed by a finer examination of self-corrective materials which was a unique component of the active learning paradigm used in this investigation. Nine (N = 9) elementary children were taught the names of five randomly chosen letters (upper and lower …

Using Bibliotherapy To Increase Sharing In A Kindergarten Classroom, Carla Marie Eich

Dissertations and Theses @ UNI

The use of bibliotherapy with children as it relates to sharing behaviors is the focus of this study. The investigation examined whether reading books to children about sharing would increase sharing behaviors in a classroom. Previous work completed in this area reported positive results. This study sought to replicate and expand upon existing work to determine if bibliotherapy is a u 1 able classroom intervention to increase sharing behaviors. The following three hypotheses were made for this study: 1. Following treatment, the number of sharing behaviors of the experimental group will be significantly more than at baseline. 2. The experimental …

Attention Deficit Hyperactivity Disorder : Diagnostic Criteria Using The Diagnostic And Statistical Manual Of Mental Disorders (4th Ed.) And Russell Barkley's 1990 Model Of Adhd, Justin Matthew Larson

Dissertations and Theses @ UNI

School teams perform assessments to aid in the diagnosis of Attention Deficit Hyperactivity Disorder. In this thesis, a post-hoc descriptive study looked at what diagnostic model school teams in 3 Iowa Area Education Agencies used in assessing children with Attention Deficit Hyperactivity Disorder (ADHD). Three categories were used to describe the assessment process for this study, the Diagnostic and Statistical Manual of Mental Disorders (4th Ed.) (DSM-IV), Russell Barkley's 1990 Model, and an Other category. The researcher reviewed 24 student files to determine what diagnostic category was used in the assessment process. Data obtained through this study showed that there …

Intermountain Planting Guide, Kevin Jensen, Howard Horton, Ron Reed, Ralph Whitesides

All Current Publications

The first consideration prior to seeding is to determine the present level of management being applied to the proposed site. Many sites will recover or improve without seeding if proper management is implemented. Soil is the primary natural resource and its conservation is the most important consideration in seedings.

Learning What To Eat And What To Avoid, Usu Extension

All Current Publications

Young herbivores learn which foods are harmful and which are safe through interactions with their mothers. Throughout life, they learn about the consequences of eating through postingestive feedback they experience after eating foods. But how can they do this in a world where toxin and nutrient levels of forages change daily and seasonally? How can they possibly learn and remember all the plants that grow in pastures and on rangelands? How can they survive when we move them to new pastures with unfamiliar foods?

Impact-Ionization And Noise Characteristics Of Thin Iii-V Avalanche Photodiodes, Mohammad A. Saleh, Majeed M. Hayat, Paul P. Sotirelis, Archie L. Holmes, Joe C. Campbell, Bahaa E.A. Saleh, Malvin Carl Teich

Electrical and Computer Engineering Faculty Research and Publications

It is, by now, well known that McIntyre's localized carrier-multiplication theory cannot explain the suppression of excess noise factor observed in avalanche photodiodes (APDs) that make use of thin multiplication regions. We demonstrate that a carrier multiplication model that incorporates the effects of dead space, as developed earlier by Hayat et al. provides excellent agreement with the impact-ionization and noise characteristics of thin InP, In/sub 0.52/Al/sub 0.48/As, GaAs, and Al/sub 0.2/Ga/sub 0.8/As APDs, with multiplication regions of different widths. We outline a general technique that facilitates the calculation of ionization coefficients for carriers that have traveled a distance exceeding the …

Breakdown Voltage In Thin Iii-V Avalanche Photodiodes, Mohammad A. Saleh

Electrical and Computer Engineering Faculty Research and Publications

1. The dead-space multiplication theory of Hayat et al. [Journal of Lightwave Technology 10, 1415 (1992)], in conjunction with the multiplication-width-independent ionization-coefficient model developed by Saleh et al. [IEEE Trans. Electron Devices 47, 625 (2000)], are shown to accurately predict breakdown voltages for thin avalanche photodiodes of GaAs, InP, In_0:52Al_0:48As, and Al_0:2Ga_0:8As, over a broad range of device widths. The breakdown voltage is determined from the analytical expression for the impulse-response-function decay rate.

Comparing Several Self-Report Measures Of Adherence With Medications For Hiv With Electronically Monitored Medication Adherence., Neelam Awte

Open Access Master's Theses

Objective: Self-report of medication adherence is commonly used in research studies, but the information is lacking about the sensitivity, specificity, reliability and clinical validity of this method. The purpose of this study was to test the sensitivity, specificity and reliability of several methods for accessing medication compliance using patient self-report of adherence. The Medication Event Monitoring System (MEMS) was used as a standard against which self-report measures were compared.

Design: Cross sectional study.

Data Collection: A self-reported questionnaire accessed compliance of Anti-retroviral therapy (ART) and Protease inhibitors (PI) used by the patients with IIlV infection during the …

Making A Federal Case Out Of It: Section 1981 And At-Will Employment, Joanna L. Grossman

Hofstra Law Faculty Scholarship

This Article is divided into four parts. Part I describes the history and origins of § 1981, its bloodletting by the Supreme Court, and its ultimate restoration and reinvigoration by Congress. Part II first describes the federal appellate opinions addressing the applicability of § 1981 to at-will employment. It then examines the source of law question: whether state law, federal law, or some combination ought to dictate the definition of “contract” in § 1981. It concludes that federal common law, which may draw on well-established state law principles, should control. Part III examines the possible interpretations of “contract” as used …

Comparison Of Safety Knowledge Transfer In Employees From Oscar-Ma Yer Davenport Using Computer-Aided And Traditional Methods Of Training Delivery, Barbara L. Durant

Abraham S. Fischler College of Education ETD Archive

Developments in the use of technology in computing and telecommunications have created a demand in the workplace for individuals with advanced sets of skills. Due to these developments there has been an increase in the range of options in training design and delivery. The problem prompting this study was that it was unknown if the computer-aided instruction (CAI) was an effective means to deliver the necessary safety knowledge.

The purpose of this study was to assess the effectiveness of computer-based training (CBT) versus the traditional lecture method. The research hypothesis for the study was; "Is there a significant difference in …

Croatia's Leap Toward Gender Equality In The Parliament: Rules Versus Players, Josip Glaurdic '01

Honors Projects

A number of political, socioeconomic, and cultural factors have been identified as having an effect on the level of women's parliamentary representation. Studies concentrating on the most prosperous longstanding democracies accentuate the importance of political factors, whereas most of the studies that include less developed nations suggest a more pronounced role for socioeconomic and/or cultural factors. Conclusions about the relevance of a particular group of factors become much less clear-cut when tested on a sample of nations such as the post-communist bloc, which does not clearly belong to either camp. This study examines the effects of political factors using what …

Remedies For Imperfect Transactions In Contracts And Torts, David W. Barnes

San Diego Law Review

The papers by Professors DeLong, Wonnell, and Kelly in this Symposium address different types of imperfect transactions. Promises that are the subject of section 90 of the Restatement (Second) of Contracts are imperfect in the sense that they lack consideration or are disclaimed in subsequent, formalized, written contracts.' Section 90 authorizes courts to find remedies for reasonable but fruitless expenditures induced by parties who make promises on which they should reasonably expect others to rely.2 Professor DeLong decries courts' formalist strategies for enforcing disclaimers that eliminate these promisors' potential liability for intentionally imperfect transactions.' Taking Professor DeLong's analysis of imperfect …

The Phantom Reliance Interest In Tort Damages, Michael B. Kelly

San Diego Law Review

The reliance interest has fascinated me for some time.' As a measure of damages for breach of contract, it seems theoretically unjustified and flawed in its implementation. In theory, it requires compensation for lost opportunities? In practice, such compensation is rarely provided'

unless one counts the expectation interest as a proxy for opportunities lost in reliance on a promise. In theory, it justifies recoveries that may exceed expectation. Yet, even its progenitors refused to endorse that implication. Why, then, does the reliance interest have continuing appeal

An Investigation Of Residual Stresses Induced By Forming Processes On The Fatigue Resistance Of Automotive Wheels, Patrick James Mcgrath

School of Engineering, Computing and Mathematics Theses

The nature and scope of this thesis relates to obtaining an understanding of the way in which sheet metal forming processes affect the residual stresses (plastic deformation) and the fatigue perfomiance of wheel centre discs made of a dual phase steel. Automotive wheels are mainly manufactured from sheet metal plate by forming processes using tools and dies. This manufacturing process is directly concemed with deforming the plate under predominantly applied tensile forces where the component acquires a sfress state which is multi-axiial. This stress state is both complex and difficult to assess from an analytical point of view and thus …

An Operator-Based Account Of Semantic Processing, Deryle W. Lonsdale, C. Anton Rytting

Faculty Publications

This paper explores issues of psychological plausibility in modeling natural language understanding within Soar, a symbolic cognitive model. It focuses on constructing syntactic and semantic representations in simulated real time, with particular emphasis on word sense disambiguation (WSD). We discuss (i) what level of WSD should be modeled and (ii) how to use resources such as WordNet to inform these models. A preliminary model of coarse-grained WSD is included to show how syntactic, semantic, and other knowledge sources interact in Soar. Finally, we explore issues of interleaving, learning, and integrating other WSD approaches with Soar's native model of learning.

Transformations Of Coal-Derived Soot At Elevated Temperature, Thomas H. Fletcher, Jim Rigby, Jinliang Ma, Brent W. Webb

Faculty Publications

Coal pyrolysis experiments were performed in the post-flame region of a CH₄/H₂/air flat-flame burner operating under fuel-rich conditions, where the temperature and gas compositions were similar to those found in the near-burner region of an industrial pulverized coal-fired furnace. Volatiles released from the coal particles formed a cloud of soot particles surrounding a centrally fed coal/char particle stream. Soot samples were collected from the cloud at different residence times using a water-cooled, nitrogen-quenched probe. The soot samples were then analyzed for their elemental compositions of carbon, hydrogen, nitrogen, sulfur, and (by difference) oxygen plus inorganic matter. …

All The World's A Stage: Playing Our Part In The Social Care Or Child And Youth Care Production, Niall Mcelwee

Irish Journal of Applied Social Studies

No abstract provided.

The Education And Training For Work Of People With Mental Health Problems: Issues Arising From Recent Changes In Ireland, John Wells

Irish Journal of Applied Social Studies

The value of vocational training and work is well established as an important contributor towards the successful rehabilitation and recovery maintenance of people who have had or have mental health problems. Recent changes to the statutory framework governing socially integrative disability policy have certain implications for the successful establishment and co-ordinated working of specialist vocational and educational schemes for people with mental health problems. This editorial article reviews the literature on employment, training and its value to mental health rehabilitation in order to examine these implications.

Sharing Health-Care Records Over The Internet, Jane Grimson, Gaye Stephens, Benjamin Jung, William Grimson, Damon Berry, Sebastien Pardon

Articles

Presents a novel approach to sharing electronic health-care records that leverages the Internet and the World Wide Web, developed as part of two European Commission-funded projects, Synapses and SynEx. The approach provides an integrated view of patient data from heterogeneous, distributed information systems and presents it to users electronically. Synapses and SynEx illustrate a generic approach in applying Internet technologies for viewing shared records, integrated with existing health computing environments. Prototypes have been validated in a variety of clinical domains and health-care settings

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 …

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 …

“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.

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 …

On-Road Remote Sensing Of Automobile Emissions In The Phoenix Area: Year 2, Sajal S. Pokharel, Gary A. Bishop, Donald H. Stedman

Fuel Efficiency Automobile Test Publications

The University of Denver conducted a five-day remote sensing study in the Phoenix, AZ area in the fall of 1999. The remote sensor used in this study is capable of measuring the ratios of CO, HC, and NO to CO2 in motor vehicle exhaust. From these ratios, we calculate mass emissions per kg (or gallon) of fuel and the percent concentrations of CO, CO2, HC and NO in motor vehicle exhaust which would be observed by a tailpipe probe, corrected for water and any excess oxygen not involved in combustion. The system used in this study was also configured to …

The Application Of Real-Time Software In The Implementation Of Low-Cost Satellite Return Links, James Tom Slader

School of Engineering, Computing and Mathematics Theses

Digital Signal Processors (DSPs) have evolved to a level where it is feasible for digital modems with relatively low data rates to be implemented entirely with software algorithms. With current technology it is still necessary for analogue processing between the RF input and a low frequency IF but, as DSP technology advances, it will become possible to shift the interface between analogue and digital domains ever closer towards the RF input. The software radio concept is a long-term goal which aims to realise software-based digital modems which are completely flexible in terms of operating frequency, bandwidth, modulation format and source …

Natural Algorithms In Digital Filter Design, Stephen Penberthy Harris

School of Engineering, Computing and Mathematics Theses

Digital filters are an important part of Digital Signal Processing (DSP), which plays vital roles within the modern world, but their design is a complex task requiring a great deal of specialised knowledge. An analysis of this design process is presented, which identifies opportunities for the application of optimisation. The Genetic Algorithm (GA) and Simulated Annealing are problem-independent and increasingly popular optimisation techniques. They do not require detailed prior knowledge of the nature of a problem, and are unaffected by a discontinuous search space, unlike traditional methods such as calculus and hill-climbing. Potential applications of these techniques to the filter …