Digital Commons Network^™

The Plains Commence: Lewis And Clark On The Middle Missouri, Jay H. Buckley

Faculty Publications

THE CORPS OF DISCOVERY awakened to a damp morning on July 14, 1804. Rain had fallen all night and the wetness delayed departure until 7 a.m. A half-hour later, an ominous black cloud blew in, accompanied by wind and rain that pummeled the 55-foot keelboat and two pirogues. Unable to seek safety on either shore - because of banks caving in on one side and snags lining the other - the men anchored the keelboat midstream and braced for the squall to pass.

Maternal Psychological Control And Preschool Children’S Behavioral Outcomes In China, Russia, And The United States, Susanne Frost Olsen, Chongming Yang, Craig H. Hart, Clyde C. Robinson, Peixia Wu, David A. Nelson, Larry J. Nelson, Shenghua Jin, Jianzhong Wo

Faculty Publications

A growing body of Western literature has demonstrated the importance of three domains of socialization—connection with significant others, regulation of behavior, and the facilitation of psychological autonomy—in predicting outcomes in adolescents and children (Barber, 1997a, 1997b; Gray & Steinberg, 1999; Hart, Newell, & Olsen, in press; Nelson, 1997; Steinberg, Dornbusch, & Brown, 1992). Psychological control—parenting that does not allow children psychological autonomy, as has been defined elsewhere in this volume, has received increased attention in the past decade (for a discussion of definitions and research, see chapter 2, this volume).

Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai

San Diego Law Review

Much of the existing literature on genetic intervention addresses questions of discrimination or reproductive decisionmaking. Although this book discusses those questions,

it takes as its major focus an issue that is perhaps even more vexing—the issue of how we should, from the standpoint of distributive justice, allocate genetic interventions. In other words, given the wide range of genetic interventions that may become available, how should we divide such interventions? Implicit in this problem is the reality that scarcity will prevent individuals from having access to all genetic interventions that would be of benefit to them. In this brief Essay, I …

Punishing Reproductive Choices In The Name Of Liberal Genetics, Alexander Morgan Capron

San Diego Law Review

When the four American moral philosophers who individually have already made the most significant contributions to the ethical analysis of contemporary health care and medicine collaborate, it should come as no surprise that their joint effort is a lucid and powerful analysis of the principles that a just and humane society would employ in setting policies about how the new tools of molecular genetics should be used for human betterment. In From Chance to Choice: Genetics and Justice, Allen Buchanan, Dan W. Brock, Norman Daniels, and Daniel Wikler aimed to steer a middle course between two extreme models. The first …

Genetic Enhancement, Distributive Justice, And The Goals Of Medicine, Mark A. Hall

San Diego Law Review

In this brief Essay, I focus on chapter 4 of the book’s discussion of the distinction between treatment and enhancement.

This distinction is at the core of many of the most challenging problems of ethics and public policy raised by genetics. This is also the place where there appears to be disagreement or ambivalence among these authors

and where fault

lines appear in their otherwise remarkably united front.

Introduction

San Diego Law Review

No abstract provided.

A Rawlsian Approach To Solving The Problem Of Genetic Discrimination In Toxic Workplaces, Robert A. Bohrer

San Diego Law Review

The Human Genome Project (HGP) may well be the beginning of a technological leap that rivals the advent of the Industrial Age.2 The principal goal of the project is to map and fully sequence3

the twenty- four chromosomes that contain the complete genetic contents of a

normal human cell. The human genome consists of twenty-two pairs of chromosomes plus the X and Y chromosomes that determine gender.4 As would be expected for such a technologically adventurous undertaking, the HGP has been accompanied by a substantial outpouring of concern about the ethical, legal, and social issues that will arise from this …

Does Technological Enhancement Of Human Traits Threaten Human Equality And Democracy?, Michael H. Shapiro

San Diego Law Review

This Article outlines some of the moral, legal, and general policy difficulties that societies and individuals will face if technological enhancements via germ line and somatic mechanisms become possible. It identifies and analyzes some of the conceptual structures necessary to explain the nature of these difficulties, suggests some alternative basic scenarios—such as greater or lesser scarcity of technological enhancement resources, impacts on how we perceive each other, and different remediation patterns—and then maps and reverse maps the projected technological developments against the value and legal structures. This Article also describes and comments on what may seem to be, from our …

Pavlovich V. Superior Court: Spinning A World Wide Web For California Personal Jurisdiction*

San Diego Law Review

This Casenote questions the Pavlovich court’s holding. More

specifically, it argues that the exercise of personal jurisdiction in this case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution and that the court erred when it failed to quash service of process. Further, this Casenote posits that exercise of jurisdiction here not only eviscerates the mandates of International Shoe Co. v. Washington and its progeny, but also extends California jurisdiction to cover Internet users everywhere.

Unbuckling The “Chemical Straitjacket”: The Legal Significance Of Recent Advances In The Pharmacological Treatment Of Psychosis, Douglas Mossman

San Diego Law Review

The

pharmacotherapeutic properties of antipsychotic medications— their actions, therapeutic uses, benefits, adverse effects, contraindications, and risks—are quintessentially medical topics, even when the situations and contexts in which doctors prescribe or recommend their use raise legal questions. Frequently, however, the legal database (that is, published opinions, legislation, regulation, and law review articles) is the principal or sole information source cited and consulted by lawyers, judges, and scholars who write about these drugs and make decisions concerning the persons that may have to take them. What often results is the perpetuation of mistaken, outdated, distorted, biased, contradictory,

or just plain foolish ideas …

Sua Sponte Appellate Rulings: When Courts Deprive Litigants Of An Opportunity To Be Heard, Barry A. Miller

San Diego Law Review

But the Supreme Court and other appellate courts have failed to follow any consistent practice about sua sponte holdings. The difficulty courts have is illustrated by the fact that even the most prominent appellate judges sometimes say they want procedural regularity, but in other cases exercise the freedom to do what they like.

Liberty Not Fully Evolved?: The Case Of Rodney Levake And The Right Of Public School Teachers To Criticize Darwinism, Francis J. Beckwith

San Diego Law Review

In 2001, the Minnesota Court of Appeals reviewed the case of Rodney LeVake, a public school teacher who sought to enhance his school

district’s required science curriculum by suggesting to students alternative viewpoints inconsistent with that curriculum. This case, LeVake v. Independent School District, should be of great interest to legal theorists. Its holding, and the reasoning on which it is based, may serve as a Socratic provocation regarding the extent to which public school teachers have constitutional academic freedom (apart from statutory requirements or permission) to voluntarily include criticisms of and alternatives to evolutionary theory.

Clearer Skies For Investors: Clearing Firm Liability Under The Uniform Securities Act

San Diego Law Review

Securities fraud poses a major threat to the financial security of millions of investors. Stock fraud and the brokerage firms perpetrating it thrive, bilking investors out of millions of dollars annually. The North American Securities Administrators Association (NASAA), an association comprised of state and regional securities regulators, estimates that investors lose $6 billion a year to investment fraud, including micro-cap stock fraud.1 In 2000, Bradley Skolnick, the Indiana Securities Commissioner and former head of the NASAA, stated that boiler rooms were “the single greatest source of investment scams.” Yet defrauded investors are unlikely to recover funds lost to fraud, because …

Violence, Video Games, And A Voice Of Reason: Judge Posner To The Defense Of Kids' Culture And The First Amendment, Clay Calvert

San Diego Law Review

"We are in the world of kids' popular culture. But it is not lightly to be suppressed."' So wrote Judge Richard A. Posner on behalf of a unanimous three judge panel for the Seventh Circuit Court of Appeals in March 2001 in striking down, on First Amendment grounds, an Indianapolis ordinance that blocked minors' access to video games depicting violence. Judge Posner's erudite opinion could not have come at a more important time-a time when the entertainment industries in the United States seemingly are under government siege and when the media blame game is peaking. The judge's cogent reasoning and …

Responsibility In Capital Sentencing, Steven Semeraro

San Diego Law Review

Although modem doctrine is worth preserving, it could be improved significantly by focusing explicitly on heightening individual responsibility. Two concrete ways to improve it would be to (1) explain the sentencer' s role in the narrative voice, a way of speaking that, at least in American society, appears to be associated with the assignment of responsibility; and (2) require heightened scrutiny of death sentences by state appellate courts, bringing the responsibility of state appellate judges in capital cases in line with the responsibility they bear in constitutional cases dealing with analogous mixed questions of fact and law under the First, …

Ethnography And The Idealized Accounts Of Science In Law, David S. Caudill

San Diego Law Review

n Part I, I confirm the idealizations of science in law and their implications for legal scholarship and practice. In Part II, I describe the ethnographic method used by science studies scholars, with reference to my own ethnographic analysis of interviews with three neuroscientists. I conclude Part II by identifying various social aspects of science that comprise a complex picture of scientific activity. In Part ill, I discuss the implications of ethnomethodology for trial practice, including deposition analysis, Daubert-type hearings, cross-examination techniques, and drafting jury instructions. Part IV addresses anticipated criticisms of my arguments.

Public Defender's Conundrum: Signaling Professionalism And Quality In The Absence Of Price, Robert J. Aalberts, Thomas Boyt, Lorne H. Seidman

San Diego Law Review

This Essay, the result of an

extensive empirical study in the state of Nevada, attempts to ascertain factors among criminal defendants that may predict how they perceive a level of quality and satisfaction with their lawyers as service providers, as well as policy proposals for improving the perceptions of public defenders.

Remote Sensing: A New Tool For Automobile Inspection And Maintenance, Donald H. Stedman

Fuel Efficiency Automobile Test Publications

Federally-mandated emissions testing of automobiles in Colorado has decreased emissions, albeit much less than predicted. Recent breakthroughs in manufacturing low emitting vehicles and in remote sensing of a moving car’s exhaust could enable Colorado to phase out or drastically increase the efficiency of treadmill-style testing centers. Remote sensing technology now allows a piece of equipment small enough to fit in a van to assess the mass of pollutants per gallon of fuel emitted by a passing car. Once an emissions scofflaw is identified, a number of options exist:

· immediate pullover and ticketing by a police officer;

· a “smart …

Investigation Into The Control Of An Upper-Limb Myoelectric Prosthesis, Steven Michael Roberts

School of Engineering, Computing and Mathematics Theses

This thesis presents research that extends current knowledge in the area of upper-limb prosthesis design and control. A study of myoelectric signals (MES)'s using both NHS and other equipment has resulted in identification of the signal source and transmission/detection issues. A globally comprehensive and up to date survey of myoelectric research has revealed new and long-term research paths. This thesis challenges the old model in interpreting the MES signals by providing and collecting evidence to suggest a new approach to future investigation. The historical description of a stochastic, non-deterministic MES has been shown by this research to be incomplete. An …

Dynamic Characterisation Of The Head-Media Interface In Hard Disk Drives Using Novel Sensor Systems, Glen Alan Tunstall

School of Engineering, Computing and Mathematics Theses

Hard disk drives function perfectly satisfactorily when used in a stable environment, but in certain applications they are subjected to shock and vibration. During the work reported in this thesis it has been found that when typical hard disk drives are subjected lo vibration, data transfer failure is found to be significant at frequencies between 440Hz and 700Hz, at an extreme, failing at only Ig of sinusoidal vibration. These failures can largely be attributed to two key components: the suspension arm and the hard disk. At non-critical frequencies of vibration the typical hard disk drive can reliably transfer data whilst …

Digital Watermarking For Compact Discs And Their Effect On The Error Correction System, Kay Rydyger

School of Engineering, Computing and Mathematics Theses

A new technique, based on current compact disc technology, to image the transparent surface of a compact disc, or additionally the reflective information layer, has been designed, implemented and evaluated. This technique (image capture technique) has been tested and successfully applied to the detection of mechanically introduced compact disc watermarks and biometrical information with a resolution of 1.6um x l4um. Software has been written which, when used with the image capture technique, recognises a compact disc based on its error distribution. The software detects digital watermarks which cause either laser signal distortions or decoding error events. Watermarks serve as secure …

Application Of Stiffness/Strength Corrector And Cellular Automata In Predicting Response Of Laterally Loaded Masonry Panels, Guang Chun Zhou

School of Engineering, Computing and Mathematics Theses

This research has introduced a new concept, "stiffness/strength corrector", which more accurately models variation in masonry properties at various locations (zones) within a masonry wall panel. Derivation of these correctors was based on a closer mapping of the laboratory experimental results to those obtained from a non-linear finite element analysis of full-scale masonry panels subjected to a uniformly distributed lateral load. In this research only one panel, which was tested in a previous research, was used as the "base panel" and correctors for new panels with and without openings with various boundary conditions were derived by matching similar regions and …

A Generic Network And System Management Framework, Martin Hans Knahl

School of Engineering, Computing and Mathematics Theses

Networks and distributed systems have formed the basis of an ongoing communications revolution that has led to the genesis of a wide variety of services. The constantly increasing size and complexity of these systems does not come without problems. In some organisations, the deployment of Information Technology has reached a state where the benefits from downsizing and rightsizing by adding new services are undermined by the effort required to keep the system running. Management of networks and distributed systems in general has a straightforward goal: to provide a productive environment in which work can be performed effectively. The work required …

Evaluation Of Lntelligent Medical Systems, Julian Bernard Tilbury

School of Engineering, Computing and Mathematics Theses

This thesis presents novel, robust, analytic and algorithmic methods for calculating Bayesian posterior intervals of receiver operating characteristic (ROC) curves and confusion matrices used for the evaluation of intelligent medical systems tested with small amounts of data. Intelligent medical systems are potentially important in encapsulating rare and valuable medical expertise and making it more widely available. The evaluation of intelligent medical systems must make sure that such systems are safe and cost effective. To ensure systems are safe and perform at expert level they must be tested against human experts. Human experts are rare and busy which often severely restricts …

The Development Of A Novel Suspension Arm With 2-Dimensional Actuation, For Use In Advanced Hard Disk Drives, Chibesa Chilumbu

School of Engineering, Computing and Mathematics Theses

As magnetic computer disks are developed to ever-greater data storage densities, the accuracy required for head positioning is moving beyond the accuracy provided by present technology using single-stage voice-coil motors in hard disk drives. This thesis details work to develop a novel active suspension arm with 2-dimensional actuation for use in advanced hard disk drives. The arm developed is capable of high-bandwidth data tracking as well as precision head flying height control motion. High-bandwidth data tracking is facilitated by the use of piezoelectric stack actuator, positioned closer to the head. The suspension arm is also capable of motion in the …

The Process Of Design Is Almost Like Writing An Essay, Susan Orr, Margo Blythman

The Writing Center Journal

No abstract provided.

Addressing Racial Diversity In A Writing Center: Stories And Lessons From Two Beginners, Nancy Barron, Nancy Grimm

The Writing Center Journal

No abstract provided.

Guilt-Free Tutoring: Rethinking How We Tutor Non-Native-English-Speaking Students, Susan Blau, John Hall, Sarah Sparks

The Writing Center Journal

No abstract provided.

Writing Center Users Procrastinate Less: The Relationship Between Individual Differences In Procrastination, Peer Feedback, And Student Writing Success, Beth Rapp Young, Barbara A. Fritzsche

The Writing Center Journal

No abstract provided.

The Development Of A Novel Electro-Magnetic Force Microscope, James Frederick Charles Windmill

School of Engineering, Computing and Mathematics Theses

This thesis describes the development of a new type of Magnetic Force Microscope (MFM) probe based on a unique electromagnetic design. In addition the design, construction and testing of a new MFM system, complete in both hardware and software, is also described. The MFM allowed initial tests on prototypes of the new probe, and is to provide a base for future new probe integration. The microscope uses standard MFM micro-cantilever probes in static modes of imaging. A new computer hosted DSP control system, software, and its various interfaces with the MFM have been integrated into the system. The system has …