Digital Commons Network^™

"An Unqualified Human Good": E.P. Thompson And The Rule Of Law, Daniel H. Cole

Articles by Maurer Faculty

The late EP Thompson described himself as "a historian in the Marxist tradition." But when he embraced the Rule of Law (in Whigs and Hunters), many of his colleagues on the left ostracized him as an apostate. This essay argues that Thompson's critics have largely misunderstood what he meant by the Rule of Law. His was a minimal and historical conception, which merely sought to distinguish states whose rulers had unfettered discretion from states whose rulers were constrained by legal rules, whatever their source and contents. Also, in contrast to other radical theorists, Thompson recognized that law would be a …

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Public Interest Litigation In A Comparative Context, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

The Return Of The Standard Of Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

"Geographical Morality" Revisited: International Relations, International Law, And The Controversy Over Placebo-Controlled Hiv Clinical Trials In Developing Countries, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Changing Shape Of Government, Alfred C. Aman, Steve Savas, Elliott Sclar, Lester Salamon, Charles Sabel

Articles by Maurer Faculty

Gillian E. Metzger, Alfred C. Aman Jr., Charles F. Sabel, Lester M. Salamon, E.S. Savas and Elliot D. Sclar participate in panel discussions focusing on the question of how to secure government accountability in the context of the expansion of privatization in government? This panel discusses some of the changes we are seeing in government institutions and in the ways government operates. The panelists describe ways in which the move toward privatization and the expansion of the gray area between public and private is occurring, but also will talk about changes we may see as being particularly useful in dealing …

Conjugate Heat Transfer From A Two- Layer Substrate Model Of A Convectively Cooled Circuit Board, S. A. Harman, Kevin D. Cole

Department of Mechanical and Materials Engineering: Faculty Publications

This note presents the results of a study of a simple model of an air-cooled electronic device mounted on a circuit board. The model includes a flush-mounted heater to represent the electronic device, a two-layer substrate to represent the circuit board, and a steady shear flow to represent the cooling fluid.

Ortega provides a good review of the literature and a comprehensive introduction to conjugate methods applied to electronic cooling, emphasizing simple shear flows and single-layer substrates to illustrate basic principles. Ortega also describes two-layer effects by including infrared thermographs of a convectively cooled glass/epoxy circuit board with copper traces, …

The Free Exercise Clause: How Redundant, And Why?, Daniel O. Conkle

Articles by Maurer Faculty

This article responds to Professor Mark Tushnet's article, "The Redundant Free Exercise Clause?" Although its analysis and specific conclusions are distinctive, the article reaches a general conclusion similar to Tushnet's - namely, that the contemporary Free Exercise Clause is largely redundant, in that it provides little protection that is not afforded independently by other First Amendment doctrines. The article first contends that the core principle of the contemporary Free Exercise Clause, the nondiscrimination requirement of Employment Division v. Smith, might be subsumed, perhaps entirely, within the free speech principle that disfavors content discrimination. To that extent, the Free Exercise Clause …

The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Indiana Law Journal Celebrates 75 Years, Colleen Kristl Pauwels

Articles by Maurer Faculty

No abstract provided.

Empirical Tests Of The Fundamental-Value Hypothesis In Land Markets, Angeline M. Lavin, Thomas S. Zorn

Department of Finance: Faculty Publications

The land-price boom of the 1970s followed by the bust of the 1980s generated considerable interest in the determination of land prices and the study of whether those prices reflect fundamental value. In this article, three techniques are used to examine the fundamental- value hypothesis in Iowa and Nebraska agricultural land markets. Duration dependence tests indicate that land markets are not affected by rational expectations bubbles. Conversely, Markov chain and time-reversibility tests suggest that land prices depart from fundamental value due to the existence of nonrandom price changes and asymmetric land price patterns. The results of this research should be …

Theory, Application And The Canon: The Case Of Mill And Jevons, Sandra J. Peart

Jepson School of Leadership Studies articles, book chapters and other publications

Whatever disputes remain about the nature and content of the "canon" of economics, it is widely accepted that the boundary of economic science was narrowed throughout the nineteenth century (Winch 1972). This chapter offers a partial explanation for that narrowing in the methodological developments that occurred during the second half of the century. For reasons of practicality in the face of pronounced "multiplicity of cause," John Stuart Mill called, In his 1836 Essay On the Definition of Political Economy; and on the Method of Investigation Proper to It, and again in his 1843 Logic, for a separate …

The Manipulation Of Indigenous Status: The Federal Government As Shape-Shifter, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

"The federal-Indian relationship is like no other in the world. Indian tribes are denominated 'domestic-dependent nations' but their practical relationship with the United States 'resembles that of a ward to his guardian.' Indian tribes appear to have the same political status as the independent states of San Marino, Monaco, and Liechtenstein, yet they have little real self-government and seem to be forever mired in a state of political and economic pupilage."

This fifteen-year-old statement from Vine Deloria, Jr., the preeminent Indian political and legal scholar, still accurately reflects the convoluted nature of indigenous political, legal, and economic statuses in the …

Finding The Meanings Of College Drinking: An Analysis Of Fraternity Drinking Stories, Thomas Workman

Department of Communication Studies: Faculty Publications

College drinking has traditionally been studied from a public health perspective that attempts to quantify behavior as a means toward description, explanation, and intervention. This article offers a critical and cultural approach to understanding the meanings and functions of high-risk drinking and the ways in which those meanings are reproduced within the culture. Data were collected via an ethnographic study of fraternity members at a large midwestern university to explore the communication of excessive drinking norms. Viewed from various narrative and structural theories, the study examines collected drinking stories as a source for analyzing the construction of meanings surrounding drunkenness …

Technology As The Representative Anecdote In Popular Discourses Of Health And Medicine, Lynn M. Harter, Phyllis Japp

Department of Communication Studies: Faculty Publications

Using a Burkean framework (1969), this article approaches medical dramas as cultural texts to be read for dominant meanings of health and health care. Burke’s representative anecdote illuminates the melding of science, technology, and healing in popular discourses of health, establishing technological intervention as the norm and marginalizing nontechnological (i.e., alternative) forms of health care. Popular entertainment reinforces this anecdote in narratives of healing as technological competence triumphing over nature.

Adaptive Segmentation Of Document Images, Don Sylwester, Sharad C. Seth

School of Computing: Conference and Workshop Papers

A single-parameter text-line extraction algorithm is described along with an efficient technique for estimating the optimal value for the parameter for individual images without need for ground truth. The algorithm is based on three simple tree operations, cut, glue and flip. An XY-tree representing the segmentation is incrementally transformed to reflect a change in the parameter while intrinsic measures of the cost of the transformation are used to detect when specific tree operations would cause an error if they were performed, allowing these errors to be avoided. The algorithm correctly identified 98.8% of the area of the ground truth bounding …

Hierarchical Ring Network Configuration And Performance Modeling, V. Carl Hamacher, Hong Jiang

School of Computing: Faculty Publications

Approximate analytical queuing network models for expected message packet delay in 2-level and 3-level hierarchical ring interconnection networks (INs) are developed. A major class of traffic carried by these INs consists of cache line transfers between processor caches and remote memory modules in shared-memory multiprocessors. Such traffic consists of short, fixed-length messages; they can be conveniently transported by the slotted-ring transmission technique which is studied here. The packet delay results derived from the models are shown to be quite accurate when checked against a simulation study. As well as facilitating analysis, the analytical models can be used to determine optimal …

Economic Education And Government Reform In The Republic Of Georgia, Craig Macphee

Department of Economics: Faculty Publications

The author describes public education through the media and training for government officials and for journalists undertaken as part of economic reform efforts in the Republic of Georgia of the former Soviet Union. The article concludes with a discussion of the necessary conditions for success of these broad-based educational efforts.

Depositional Environments For Strata Cored In Crp-3 (Cape Roberts Project), Victoria Land Basin, Antarctica: Palaeoglaciological And Palaeoclimatological Inferences, R. D. Powell, M. G. Laird, T. R. Naish, Christopher R. Fielding, L. A. Krissek, J.J. M. Van Der Meer

Department of Earth and Atmospheric Sciences: Faculty Publications

Cape Roberts Project drill core 3 (CRP-3) was obtained from Roberts ridge, a sea-floor high located at 77^oS, 12 km offshore from Cape Roberts in western McMurdo Sound, Antarctica. The recovered core is about 939 m long and comprises strata dated as being early Oligocene (possibly latest Eocene) in age, resting unconformably on ~116 m of basement rocks consisting of Palaeozoic Beacon Supergroup sediments. The core includes ten facies commonly occurring in five major associations that are repeated in particular sequences throughout the core and which are interpreted as representing different depositional environments through time. Depositional systems inferred …

Drawdown And Stream Depletion Produced By Pumping In The Vicinity Of A Partially Penetrating Stream, James J. Butler Jr., Vitaly A. Zlotnik, Ming-Shu Tsou

Department of Earth and Atmospheric Sciences: Faculty Publications

Commonly used analytical approaches for estimation of pumping-induced drawdown and stream depletion are based on a series of idealistic assumptions about the stream-aquifer system. Anew solution has been developed for estimation of drawdown and stream depletion under conditions that are more representative of those in natural systems (finite width stream of shallow penetration adjoining an aquifer of limited lateral extent). This solution shows that the conventional assumption of a fully penetrating stream will lead to a significant overestimation of stream depletion (> 100%) in many practical applications. The degree of overestimation will depend on the value of the stream leakance …

The Effects Of Multitasking On Quality Inspection In Advanced Manufacturing Systems, Jose A. Pesante, Robert C. Williges, Jeffrey C. Woldstad

Department of Industrial and Management Systems Engineering: Faculty Publications

Although the industrial quality inspection task has been extensively studied, the effect of multitasking on the performance of the operator in a hybrid inspection system is still unknown. The experiment described in this article compared the quality inspection performance for participants performing a single task, 3 multiple tasks, and 5 multiple tasks. The results of this research indicate that the performance of the operator in the quality inspection task while multitasking in an advanced manufacturing system will be determined by the interaction between the number of different types of defects that can be presented at the same time in the …

Ancestral Divergence, Genome Diversification, And Phylogeographic Variation In Subpopulations Of Sorbitol-Negative, Β-Glucuronidase- Negative Enterohemorrhagic Escherichia Coli O157, Jaehyoung Kim, Joseph Nietfeldt, Jingliang Ju, John Wise, Narelle Fegan, Patricia Desmarchelier, Andrew K. Benson

Department of Food Science and Technology: Faculty Publications

The O157:H7 lineage of enterohemorrhagic Escherichia coli is a geographically disseminated complex of highly related genotypes that share common ancestry. The common clone that is found worldwide carries several markers of events in its evolution, including markers for acquisition of virulence genes and loss of physiological characteristics, such as sorbitol fermentation ability and β-glucuronidase production. Populations of variants that are distinct with respect to motility and the sorbitol and β-glucuronidase markers appear to have diverged at several points along the inferred evolutionary pathway. In addition to these variants, distinct subpopulations of the contemporary non-sorbitol-fermenting, β-glucuronidase-negative O157:H7 clone were recently detected …

The Enforcibility Of Fixed-Term Employment Contracts That Conflict With Corporate Bylaws, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.

Sovereignty On Our Terms, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

Multiband Microvariability Observations Of Bl Lacertae During The Outburst Of 1997, Sandra D. Clements, Michael T. Carini

Aerospace, Physics, and Space Science Faculty Publications

BL Lac was observed in the V and R bands on 11 nights in 1997 July during a major optical outburst. It varied continuously, exhibiting nightly variations ranging from 0.1 to 0.6 mag. Over the course of the 11 nights, BL Lac was seen to vary by 1.8 R magnitudes. Color variations were also observed, with BL Lac becoming bluer as it brightened. The influence of variable seeing conditions on the observed variations was investigated. No correlation was found between the observed microvariability and the local seeing conditions.

Non-Technology Issues: The Human-Side Factors In Online Education, Qinghua Yu

Graduate Research Papers

As much as the explosive growth of electronic communication, things have changed in business, education and our society. Many professionals are thinking about the training and skill base in the area of technologies. How can instructors translate their teaching skills in a successful teaching online (Addesso, 2000). Coldeway (1988) acknowledges that the focus of most distance education institutions is on the technology but suggests that the research is shifting to the more human side of distance learning as the programs age. Using the current research on the problems addressed, as well as philosophies and theories implemented in online environments, this …

Fundamental Design Considerations For Creating Web Pages, Damon Staker

Graduate Research Papers

Fundamental Design Considerations for Creating Web Pages is a graduate review paper that was written to increase awareness of the proper use of design principles and web page layout in designing school web sites. This was written in response to the increase of poorly designed web sites that are difficult to read and understand because of the use of improper text and text size, distracting backgrounds, and color combinations that do not match. Information is given as to what design considerations and background information is needed to create a web site. The use of tables and frames is compared along …

The Underserved: Primary Grade Gifted, Michelle Sturtz

Graduate Research Papers

Gifted primary grade students, those in grades one through three, have interests and abilities similar to their age mates. The main difference is the depth to which they want to learn and explore these interests. However, due to the lack of programming for this age group, untrained teachers, and parents who are uncertain of their role, these children are underserved when it comes to meeting their needs. There are three issues that contribute to the primary grade gifted student being underserved. The first issue is lack of programming. The majority of educational programs for gifted students are designed for students …

Minority Dropout And Prevention, Ryan J. Williamson

Graduate Research Papers

Dropping out of high school has long been viewed as a serious educational and social problem, especially for minorities (Jordan, Lara, & McPartland, 1996). By leaving high school prior to completion, most dropouts have serious educational deficiencies that severely limit their economic and social well being throughout their adult lives.

Japanese Corporate Governance At A Crossroads: Variation In Varieties Of Capitalism, Luke Nottage

North Carolina Journal of International Law

No abstract provided.