Digital Commons Network^™

Fatal Attraction? The Uneasy Courtship Of Brady And Plea Bargaining, John G. Douglass

Law Faculty Publications

Part I of this Article discusses the natural attraction between Brady-a rule requiring disclosure of evidence favorable to a defendant-and plea bargaining-a practice where such information is at a premium for defendants. Part II describes how an increasing number of courts have adapted Brady to fit in the world of a plea bargain, in the process changing Brady's point of reference from the jury's verdict to the defendant's tactical decision to plead guilty. Part ill argues that this change in focus narrows Brady's substantive coverage and renders the rule practically unenforceable following most guilty pleas. Part IV then assesses the …

Investigation Of Quantum Resistor Networks For Electron Wave Computing, Diwakar Ramamurthy

Masters Theses

A new computing methodology using electron waves has been developed with three and four terminal Quantum Resistor Networks as the basic computational structure. Transmission probability matrices for these networks were derived from first principles from which the behavior of single and simultaneously incident electron waves have been accurately evaluated. Classification and scaling laws have also been provided according to their transmission behavior. Techniques for constructing devices from these networks analogous to the logic gates used in digital computing today have been explained. Numerous examples of such devices performing functions like Inversion, OR, and AND have been provided. The operating principles …

"Crossing The Border": Constructions Of National Character In U.S.-Mexico Transnational Travel Narratives, John D. Hazlett

English Faculty Publications

No abstract provided.

A Web-Enabled Temporal Database Human Resources Application, Joseph A. Brooke Iii

UNF Graduate Theses and Dissertations

Despite the inclusion of a variety of time-related or 'temporal' datatypes in the SQL-92 standard, vendors of commercially-available Relational Database Management Systems (RDBMS) have universally elected to not fully comply with the standard. Perhaps even more frustrating is the fact that each vendor has chosen to include a different subset of temporal datatypes than their competitors, with most vendors adding a proprietary twist to their datatypes not even contained within the standard.

This lack of conformity has left users of these database products faced with a difficult choice: either avoid temporal functionality within their database applications or develop and manage …

Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash

Law Faculty Publications

Roger Williams was a religious bigot. He never met a church pure enough for his brand of Puritanism, and he never found a congregation worthy enough to have him as its pastor. After alienating every potential ally and provoking every critic, Williams was forced to flee to the wilds of Narragansett Bay in present-day Rhode Island. There, he preached to his remaining congregation- his family- and supported laws prohibiting men from wearing long hair.

In Timothy Hall's illuminating book, the reader is confronted with a flesh and blood Roger Williams who is rather different from the modern myth. Although Williams …

Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter

Articles

To many who support equal civil rights for gay people, it certainly seems so. 2 In Dale, after all, the Supreme Court held that the First Amendment allowed the Boy Scouts of America (BSA) to exclude an openly gay scoutmaster despite a state law forbidding such discrimination. 3 More broadly, the rationale for the decision - based on the BSA's right of expressive association - has raised fears (for some, hopes) that the Court might be moving toward a sweeping review of the constitutionality of numerous state and federal statutes forbidding discrimination in business-related clubs, public accommodations, and even employment. …

The Limits Of Gaylaw, Dale Carpenter

Articles

The world into which Gaylaw arrives is one whose poles are very far apart. At one pole, a man fatally fractures his dog's skull by beating him with a plastic vacuum cleaner accessory and then throwing the dog against a tree trunk. 3 Why? The man concluded the dog was homosexual after he saw the poodle-Yorkshire terrier mix repeatedly attempt sexual activity with another male terrier. 4 At the man's subsequent trial for animal cruelty, a veterinarian testified that such behavior in dogs is a common way for them to assert dominance, rather than necessarily a sexual act, much less …

Spatial Distribution Of Phosphorus In Fluvial Sediments From The James River Basin, Sw Missouri, Briain Fredrick

Graduate Theses/Dissertations

Degraded ·water quality in the James River Arm of Table Rock Lake, southwest Missouri has raised concerns about sources and transport of nutrients, especially phosphorus, in the James River Basin. Sections of the James River Basin have been identified as having excessive nutrient problems on the Missouri Department of Natural Resources 303d list and ranked fifth in the state for water quality improvements. Understanding the sources and transport patterns of phosphorus in the James River is necessary to evaluate contamination problems and the effectiveness of management efforts to reduce phosphorus inputs to the lake. This study uses bed sediments to …

A Study Of The In-Service Needs For The In-School Suspension Coordinators In The Middle Schools Of The City Of Virginia Beach, Glenn W. Forsythe

OTS Master's Level Projects & Papers

The research goals presented give specific meaning and direction to the problem under study. The data collected in this study will provide answers to these research goals: 1. Is there a need for in-service education for ISS Coordinators? 2. Who should arrange in-service education for ISS Coordinators? 3. What part should the ISS Coordinators play in the planning of an in-service program? 4. What should the topics for in-service be?

Adult Education Teacher Empowerment And The Likelihood Of Education System Reform, Susan Flowers

OTS Master's Level Projects & Papers

The purpose of this study was to determine if there is a relationship between adult educators who identify themselves as being empowered within their teaching environment and adult educators who are in favor of using the National Institute for Literacy's Equipped for the Future Content Standards: What Adults Need to Know in the 21st Century.

Serological Responses Of Coyotes To Two Commercial Rabies Vaccines, Frederick F. Knowlton, Marianna Roetto, Deborah Briggs

United States Department of Agriculture Wildlife Services: Staff Publications

Between August 1993 and September 1994 we documented serological responses of coyotes (Canis latrans) vaccinated with two commercial rabies vaccines licensed for use in domestic dogs. Serologic responses were documented by testing for rabies virus neutralizing antibodies with the rapid fluorescent focus inhibition test (RFFIT) at 30, 90, 180, 270, and 365 days post-vaccination. All coyotes vaccinated with Imrab 3^® (Rhone-Merieux, Inc.), and 75% of those vaccinated with Dura-Rab 3^® (Immunovet, Inc.) seroconverted, as evidenced by the presence of antirabies antibody titers ≥1:5 in one or more of the five post-vaccination samples. The percent of coyotes …

Experiments On Adaptive Techniques For Host-Based Intrusion Detection, Timothy Draelos, Michael Collins, David Duggan, Edward Thomas, Donald C. Wunsch

Electrical and Computer Engineering Faculty Research & Creative Works

This research explores four experiments of adaptive host-based intrusion detection (ID) techniques in an attempt to develop systems that can detect novel exploits. The technique considered to have the most potential is adaptive critic designs (ACDs) because of their utilization of reinforcement learning, which allows learning exploits that are difficult to pinpoint in sensor data. Preliminary results of ID using an ACD, an Elman recurrent neural network, and a statistical anomaly detection technique demonstrate an ability to learn to distinguish between clean and exploit data. We used the Solaris Basic Security Module (BSM) as a data source and performed considerable …

In Sakakawea Country : A Photographic Exploration Of The 2001 Candisc Tour Route, Jason Signalness

Undergraduate Theses and Senior Projects

No abstract provided.

Man Vs. Microbe : The War On Multidrug-Resistant Microbes, Lisa Jamsa

Undergraduate Theses and Senior Projects

No abstract provided.

Comparative Mortality Of People With Developmental Disabilities In Institutions And The Community In North Dakota, Jeffrey D. Bates

Undergraduate Theses and Senior Projects

No abstract provided.

North Dakota Higher Education : A Political Analysis, Jason R. Bernhardt

Undergraduate Theses and Senior Projects

No abstract provided.

Inada Conditions And The Law Of Diminishing Returns, Daniel Primont, Rolf Fare

Economics Discussion Papers

Inada (1963) provided properties of the production function that are useful in the study of economic growth. Shephard (1970a) provided an axiomatic approach to the study of production theory. He applied these axioms to give a formal statement of the law of diminishing returns (Shephard, 1970b). In this paper we demonstrate that the Inada conditions and the law of diminishing returns, as articulated by Shephard, are fundamentally inconsistent. Thus one is forced to make a choice between the two models when studying productivity and growth.

The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez

Scholarly Articles

This article explores institutional alternatives for balancing the competing trade and non-trade concerns at the national and global levels in relation to the recognition and enforcement of judgments. It argues against a private international law convention of the kind that is currently being negotiated at the Hague Conference on Private International Law, and against quasi-constitutional and constitutional solutions, such as those employed by the European Union and the United States. Rather, the article argues that managing the tensions between trade and non-trade values and between state autonomy and globally established standards can best be achieved through a supplementary agreement in …

The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez

Scholarly Articles

In this brief comment, I want to argue, without making any definite judgments about the current situation, that our understanding of the just war should pay attention to the questions of legitimate authority and right intention for use of force. To do this, we should take into account the procedural values of modern constitutional democracy and transnational governance. We should also consider the intentions established through the political processes legitimating those war aims as the relevant intentions for assessing whether the use of force comports with the moral criteria of the just war. Indeed, if the just war's aims are …

Setting Limits: Medical Technology And The Law, George P. Smith Ii

Scholarly Articles

The allocation and rationing of health care resources is, no doubt, one of the most pressing issues confronting contemporary society. These issues considered from a micro and a macro level of economic analysis are linked inextricably to utilitarianism which, in turn, relies upon a cost-benefit analysis which balances reasonable individual needs against the availability of medical resources within the larger community. From an ethical viewpoint, the cost-benefit approach to the distribution of health care resources is impractical because it seeks to reduce (or convert) all health benefits to dollar amounts, thereby seeking very awkwardly to convert quality of life benefits …

Enforcing Federal Civil Rights Against Public Entities After Garrett, Roger C. Hartley

Scholarly Articles

In this article, I focus on the Section 5 branch of the federalism revival, the branch that was at issue in Board of Trustees of the University of Alabama v. Garrett, and the one that is most likely to arise when litigating on behalf of or against an arm of state government. In order to position Garrett doctrinally, I first describe the conceptual framework that determines the validity of Congress' effort to abrogate state judicial sovereignty. This is an abridged version since more complete histories have been reported widely, both recently in these pages, and in many other journals. I …

Raising Issues Of Property, Wealth And Inequality In The Law School: Contracts And Commercial Law School Courses, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Ecotoxicological Risks Of Potential Toxicants For Brown Tree Snake Control On Guam, John J. Johnston, Richard E. Mauldin, Peter J. Savarie, Joseph E. Brooks, Thomas M. Primus

United States Department of Agriculture Wildlife Services: Staff Publications

The brown tree snake (Boiga irregularis) is a nocturnal, arboreal, rear-fanged, mildly venomous, colubrid snake which can reach lengths of up to 2.3 m and weigh as much as 2 kg(1). Originally, the species' range included the northern and eastern coasts of Australia, Papua New Guinea and nearby islands (2). It is believed that sometime in the 19501s, that snakes were inadvertently transported from New Guinea to Guam, where they proliferated (3). By the mid-1960’s, marked decreases in Guam's bird life were observed. By the mid-1980’s, snake densities were estimated at 50 to 100/hectare (13,000 to 26,000/sq mile), …

Chlorophacinone Residues In Rangeland Rodents: An Assessment Of The Potential Risk Of Secondary Toxicity To Scavengers, Thomas M. Primus, John D. Eisemann, George H. Matschke, Craig Ramey, John J. Johnston

United States Department of Agriculture Wildlife Services: Staff Publications

Field studies were conducted in California to assess efficacy of chlorophacinone-treated steam-rolled oats for controlling rangeland rodents. An objective of these studies was to assess the potential hazards of chlorophacinone residues in rangeland rodent carcasses and livers to mammalian and avian scavengers, especially raptors. Belding's ground squirrels, valley pocket gophers and Microtus spp. carcasses collected during the efficacy studies were analyzed for chlorophacinone residues. The method limit of detection (MLOD) for liver and carcass tissue samples averaged 0.036 μg/g and 0.034 μg/g, respectively. Chlorophacinone residues in Belding's ground squirrel (n=62) liver and carcass tissue ranged from Microtus sp. (n=3) tissue …

Cognitive Differences In Chart Reading: A Comparison Of Nurses And Physicians, Todd R. Johnson, Vimla L. Patel, James P. Turley

Faculty, Staff and Student Publications

This pilot study compares the mental models of a patient constructed by nurses and physicians while reading an electronic medical record. Preliminary results suggest that the participants' summaries were both quantitatively and qualitatively different. The physician made more inferences and focused on deeper relationships in the record, whereas the nurse focused on the descriptive surface structure of the record.

Table Of Contents

University of Miami Law Review

No abstract provided.

Beware Of Banks Bearing Gifts: Gramm-Leach-Bliley And The Constitutionality Of Federal Financial Privacy Legislation, Neal R. Pandozzi

University of Miami Law Review

No abstract provided.

Copyright And Internet Music Transmissions: Existing Law, Major Controversies, Possible Solutions, R. Anthony Reese

University of Miami Law Review

No abstract provided.

Criminal Aliens Facing Indefinite Detention Under Ins: An Analysis Of The Review Process, Lourdes M. Guiribitey

University of Miami Law Review

No abstract provided.

Narrowing The Gap Between Florida's Hearsay Exceptions For Child Declarants And Elderly Declarants: Sections 90.803(23) And 90.803(24), Florida Statutes, Meredith E. James

University of Miami Law Review

No abstract provided.