Digital Commons Network^™

Renegade Conduct And Punitive Damages In Tort, M. Stuart Madden

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Know-It-All Librarians, Beth Posner

Publications and Research

Librarians are depicted as know-it-alls by some, and as know-nothings by others. Similarly, they are seen as both utterly powerless and preternaturally powerful. This essay offers examples of these contradictory images, examines their implications, and proposes a more realistic view of librarians and their relation to knowledge and power.

"The Homosexual" As Problem Patron, Polly Thistlethwaite

Publications and Research

Libraries host a range of human activity, some of which is overtly sexual. What's a librarian to do about public displays of affection? cruising? public sex? First, we read up on the issue. Unfortunately, problem patron library literature is spotted with vivid illustrations of irrational bias against gay men, male-to-female transgender women, and men-cruising-men. It also discounts the private nature of most consensual sex in public places. This article discusses sex and gender biases in library literature, arguing that gender equitable, privacy-respecting practices will better serve librarians administering public space.

The Development And Validity Testing Of The Risk Communicator Style Scale And The Risk Knowledge Index., Jason Steven Wrench

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study examined the current lack of quantitative research in the area of risk communication. This study set out to develop and then validate two different scales that could be used for future research in the area of risk communication. The first scale created in this study is the Risk Communicator Style Scale. The scale is based on the technical and democratic models of risk communication described by Fiorino (1989). This study found a conceptual problem with Fiorino's original conceptualization of technical risk communication. Fiorino's original conceptualization of technical communication tried to equate the use of scientific and statistical information …

Part I. Surface-Enhanced Raman Scattering (Sers): Methodology And Applications To Small Organic Molecules. Part Ii. Luminescence In The Raman Spectra Of Aluminum Oxide., Chen Zuo

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation contains two parts. The first part is focused on Surface-Enhanced Raman Scattering (SERS). A new simple method has been developed to produce SERS-active metal surfaces on aluminum foil. Strong surface enhancements have been observed from cadmium, nickel, gold, iron, copper, and silver surfaces prepared by this method. SERS of aqueous pyridine solutions have been investigated on these different metal surfaces and the differences are explained by the different adsorption behaviors. Strong surface enhancement effects have also been observed using iron/copper and platinum/copper surfaces, which are prepared by two different metals reduced sequentially onto aluminum foil. SERS studies of …

A Theory Of Imperial Law: A Study On U.S. Hegemony And The Latin Resistance, Ugo Mattei

Faculty Scholarship

No abstract provided.

Litigating Time In America At The Turn Of The Twentieth Century, Jenni Parrish

Faculty Scholarship

No abstract provided.

Ipm, Integrated Pest Management In North Dakota Agriculture, Janet J. Knodel, Marcia P. Mcmullen

PP Series – Plant Pathology

No abstract provided.

A Guide To Feeding Field Peas To Livestock, Vernon L. Anderson

AS Series – Animal Science

No abstract provided.

Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss

Faculty Scholarship

Introduction Extract:

The Skeptical Environmentalist: Measuring the Real State of the World by Bjorn Lomborg' is the most talked about environmental book in recent memory. Lomborg's central thesis is relatively straightforward: "Our doomsday conceptions of the environment are not correct." To the contrary, in recent decades humanity's lot has "improved in terms of practically every measurable indicator." Lomborg is not the first author to make this argument,4 but his book is the first to spark such a maelstrom of public attention. Its publication ignited controversy and debate on both sides of the Atlantic. Lomborg himself, an associate professor of statistics …

Property Rights, Pesticides, & (And) Public Health: Explaining The Paradox Of Modern Pesticide Policy, Andrew P. Morriss, Roger E. Meiners

Faculty Scholarship

The lesson of DDT's rise and fall is that property rights play a critical role in checking public policy abuses. Respect for property rights requires public actors to obtain property owners' consent before they take actions (e.g. pesticide spraying) that affect the property owners. When property rights are respected, spillover impacts are minimized. Public policies imposed without consent, even if done with good intentions, may produce bad effects. Those effects may result in the policy being rightly abandoned, but may also spur other policies that produce more bad effects. Only by consistent respect for property rights, by both governments and …

Principles For Water, Andrew P. Morriss, Bruce Yandle, Terry L. Anderson

Faculty Scholarship

Water issues are often contentious. How much water can one individual use? What must the water quality of water returned from use be? How much water must be allocated to uses such as maintaining sufficient instream flows for aquatic species? For the last century, the United States has largely such answered questions through command and control regulatory schemes rather than through markets and common law dispute resolution processes. The choice of regulation by institutions over other mechanisms has meant a reliance on centralized decisionmaking and a rejection of both the market's more decentralized institutions and the common law.

Recently, water …

The Lawyers' Role In Selecting The President: A Complete Legal History Of The 2000 Election, Lynne H. Rambo

Faculty Scholarship

This Article presents the factual and legal history of Bush v. Gore, in the detail that is warranted for a case of this magnitude and complexity. Part One sets forth the legal framework within which the case unfolded, acquainting the reader with the breadth of Florida and federal law that governed the controversy. Part Two reviews what happened--the factual and legal developments from the time Gore requested manual counts in four Florida counties through the Supreme Court's decision ending the statewide recount the Florida Supreme Court had ordered--and focuses on the attorneys' arguments at each stage. Part Three then …

Disputants' Decision Control In Court-Connected Mediation: A Hollow Promise Without Procedural Justice, Nancy A. Welsh

Faculty Scholarship

Professor Deborah Hensler suggests in the lead article of this Symposium issue that the courts' embrace of facilitative, interest-based mediation may have been ill-conceived. She argues that there is insufficient evidence to conclude that litigants are more satisfied with mediation than with adjudicative alternatives such as arbitration and trial. She also urges that there is sufficient evidence to show that litigants prefer processes that vest decision control in third parties. Both of these assertions are subject to challenge,' but this Comment will focus upon the significance of giving decision control to the disputants in consensual processes.

Using available research, this …

Canola Production, Duane Raymond Berglund, Kent Mckay, Janet J. Knodel

A Series – Agronomy/Plant Science

No abstract provided.

The Effect Of Training Infant Joint Visual Attention On Novel Word Learning., Melissa S. Atkins

Graduate Theses, Dissertations, and Problem Reports (ETD)

Joint visual attention is the ability to follow another person's line of vision. This ability develops toward the end of the human infant's first year, but can be trained as early as 8 months of age. Many studies have correlated infant joint visual attention abilities with language development, but there has been no experimental manipulation to determine whether there is a causal relation between joint visual attention and word learning. In the present study, 41 infants between 7.5 and 8.5 months of age were assigned to either the treatment or control group. The treatment group received a joint attention training …

Feeding Field Peas To Livestock, Blaine Schatz, Vernon L. Anderson, J.W. Schroeder

EB Series – Extension Bulletins

No abstract provided.

Stereotypes, Intolerance, And Policy Supports For Women, Minorities, And Gays: The Diversity Course Impact On Students Pursuing Higher Education In The Sreb States., Christine J. Brehm

Graduate Theses, Dissertations, and Problem Reports (ETD)

Problematic stereotyping of women, minorities, and gays in the United States may become justification for prejudicial attitudes that lead to political intolerance toward members of these marginalized groups. While images of others and a sense of political tolerance develop through childhood and preadult socialization, education beyond high school can have a significant impact on one's reliance on stereotypes when considering the granting or withholding of basic civil rights from marginalized members of society, and may also affect the position one takes towards policies created to benefit women, minorities, and gays. During the fall semester of 2000, an investigation of these …

Sowing Barren Ground: Constructions Of Motherhood, The Body, And Subjectivity In American Women's Writing, 1928-1948., Virginia Blanton Broaddus

Graduate Theses, Dissertations, and Problem Reports (ETD)

This project considers the demands American women confront about their societal roles, particularly cultural discourses that urge women to become biological mothers. These discourses become especially compelling during eras when women transgress ideological boundaries, leaving the constructed domestic space and taking places in the public sphere. I analyze responses to these discourses as they are manifested in literature written between 1928 and 1948 as well as in the late twentieth century. My analysis, informed by cultural studies and feminist theory, depends upon my use of intersubjectivity theory, particularly as articulated by Jessica Benjamin. I discuss the role of the body …

A Helping Hand?: The United States, "Questions Of The Far East," & The Washington Conference, 1921-1922., David R. Buck

Graduate Theses, Dissertations, and Problem Reports (ETD)

By examining in detail the conference records as well as a variety of personal collections and writings, this dissertation investigates the U.S. role at the Washington Conference, 1921-22, specifically the forgotten aspects of the “Questions of the Far East.” Historians have traditionally focused on the Five-Power Treaty (limitation of naval armaments) or the Four-Power Treaty (alliance in East Asia). So prominent has been this focus that some scholars have contended that the conference produced a so-called Washington system, which replaced the existing imperialist system and defined East Asian relations throughout the 1920s. Yet, the conference also produced the Nine-Power Treaty …

Why National Missile Defense: A Test Of Three Competing Models., Christopher Lee Campbell

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation seeks to answer the question of why the United States is pursuing the deployment of a national missile defense (NMD) system at the present time. The explanation most often given by national security policy makers is that it is being constructed in response to the weapons programs of “rogue states.” States such as North Korea, Iran, and Iraq are seen as actively developing weapons of mass destruction (WMD) and the capability to deliver these weapons to the U.S. mainland. However, the proposal of this system poses problems. First, it has made many U.S. allies fear that its foreign …

Insights Into The Nature Of Retroviral Replication And Infection: Analyses Of Minus-Strand Dna Transfer, Double Infection, And Virion And Rna Dimer Maturation., Que Dang

Graduate Theses, Dissertations, and Problem Reports (ETD)

Retroviruses are a family of RNA viruses that replicate through DNA intermediates by reverse transcribing their genome. One of the essential steps of reverse transcription is minus-strand DNA transfer, during which nascent DNA switches template usage from the 5′ end to near the 3′ of the viral RNA genome. We have determined that minus-strand DNA transfer is homology driven; a minimum homology length is required to align the newly synthesized DNA with the 3′ RNA template to facilitate an efficient and accurate transfer. In addition to the obligatory template strand transfer events necessary to complete reverse transcription, template switching also …

The Effect Of Student Verses Teacher Instruction On Motor Skill Acquisition., Mary Ann Deluca

Graduate Theses, Dissertations, and Problem Reports (ETD)

The primary purpose of this analysis was to evaluate whether student assistants in the gymnasium could assist the teacher in improving skill development. In this study, six novice students were chosen from a 5 th grade class based on scores from a pretest of juggling catches and cascades. One other fifth grade student from the same class was chosen as a student assistant by the physical education teacher based on leadership, maturation, respect, and maturity. Six single case studies were conducted for approximately 16 days. Supplementary dependent variables such as feedback, verbal cues, and modeling were also examined. These dependent …

Raising The Civilized Minimum Of Pain Amelioration For Prisoners To Avoid Cruel And Unusual Punishment, James Mcgrath

Faculty Scholarship

This Article addresses the problems with our nation's cultural and legal prohibitions against certain pain management treatments. The practice of pain management has not kept pace with the many medical advances that have made it possible for physicians to ameliorate most pain. The Author notes that some patients are denied access to certain forms of treatments due to the mistaken belief that addiction may ensue. Additionally, some individuals are under-treated for their pain to a greater degree than are others. This is especially the case for our nation's prisoners. The Author contends that prisoners are frequently denied effective pain amelioration. …

Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu

Faculty Scholarship

Countries differ in terms of their levels of wealth, economic structures, technological capabilities, political systems, and cultural tradition. No two countries have the same needs or goals. As a result, policymakers face different political pressures and make different value judgments as to what would best promote the creation and dissemination of intellectual works in their own countries. These uncoordinated judgments eventually result in a conflicting set of intellectual property laws around the world.

As countries become increasingly interdependent in this globalized economy, these conflicting laws create tension and sometimes result in disputes. To minimize differences and prevent conflicts, countries use …

Effects Of High -Dose Chemotherapy On The Bone Marrow Microenvironment, Brett Matthew Hall

Graduate Theses, Dissertations, and Problem Reports (ETD)

The bone marrow microenvironment composed in part of stromal cells provides the niche in which normal hematopoiesis occurs. Hematopoiesis generates cellular components of the immune system and blood through proliferation and differentiation of multipotent hematopoietic stem cells (HSC). In preparation for bone marrow transplantation, radiation or chemotherapy treatment temporarily disrupts the balance of hematopoiesis as many HSC and progenitor cells are destroyed. Following treatment cessation, transplanted HSC and progenitor cells migrate, or "home", back to the bone marrow microenvironment and initiate productive hematopoiesis. While the mechanism of bone marrow homing is not completely understood, several soluble factors and adhesion molecules …

A Strategy For Evangelism Among The Bengali Folk Hindus Of Calcutta, Eric Kujur

Doctor of Ministry Projects

The purpose of this study was to develop a strategy to reach the unreached Bengali Folk Hindus of Calcutta. First, general information on the target group was presented. This included information on their lifestyle and traditional religious beliefs and practices. This is a large group of people who do not belong to the castes and do not enjoy the benefits of financial, educational, and political status. A brief review of what Roman Catholic and Protestant churches have done for the Folk Hindus of Calcutta, with their medical, educational, spiritual, and social services, helped us to understand the strengths and weaknesses …

The Great Awakening And Religious Freedom., Heather Cunningham

Graduate Theses, Dissertations, and Problem Reports (ETD)

The first Great Awakening was a series of revivals which spread through England’s mainland colonies in the mid eighteenth century. These revivals sparked the growth of sects, such as Baptists and Quakers who believed in religious freedom and separation of church and state. The growth of these sects brought a greater religious diversity, which led individuals to realize it was possible to live peacefully in a religiously diverse society. This realization led to futher demands for religious liberty and separation of church and state.

A Tabu Search Approach For The Dynamic Space Allocation Problem., Juan R. Jaramillo

Graduate Theses, Dissertations, and Problem Reports (ETD)

The dynamic space allocation problem (DSAP) is the assigning of activities to workspaces and idle resources to storage spaces while minimizing the total distance traveled by the resources during project duration. The inputs of the DSAP are: the schedule of project activities and the resources required to perform the activities, the layout of the floor plan, the capacity of the storage spaces, and the distances between locations. The output is a sequence of layouts containing the assignments of the activities and their resources to workspaces, as well as the idle resources to storage spaces. The DSAP is related to some …

The Contributions Of Optimism And Pessimism To Physical And Psychological Well-Being Among Adults With Type 2 Diabetes., Jenessa C. Johnson

Graduate Theses, Dissertations, and Problem Reports (ETD)

The current study investigated how expectancies for good (optimism) vs. bad (pessimism) outcomes contribute to physical and psychological well-being among adults with type 2 diabetes. Participants were 71 community-dwelling adults, ages 45 to 88. Telephone interviews queried about optimism and pessimism via the Life Orientation Test (LOT) and a diabetes-specific LOT (DLOT), depression, positive affect (PA), negative affect (NA), diabetes perceptions, and selfcare behaviors (diet, exercise, blood glucose monitoring). Higher LOT optimism was associated with lower levels of depression and higher PA. Higher LOT and DLOT pessimism were related to lower PA. Neither the LOT nor DLOT were associated with …