Digital Commons Network^™

Architecture As Crime Control, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Building on work in architectural theory, this Article demonstrates how additional attention to cities, neighborhoods, and individual buildings can reduce criminal activity. The field of cyberlaw has been transformed by the insight that architecture can regulate behavior in cyberspace; this insight will now be applied to the regulation of behavior in real space. The instinct of many lawyers, however, is to focus on legal rules, without thinking about the constraint of physical space. Ironically, even an architectural problem in crime control - "broken windows" - has prompted legal, not architectural solutions. Four architectural concepts are considered: increasing an area's natural …

Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent

University of Richmond Law Review

Without doubt, electronic commerce has increased the efficiency of businesses and consumers seeking to purchase goods, services, or intangibles by placing these objects just a keystroke away. If you already enjoy buying lingerie and foie gras over the Internet, you will love the new Electronic Signatures in Global and National Commerce Act ("E-SIGN") Want to borrow $10,000 at four in the morning over the Internet to buy a car? E-SIGN allows it. Or how about entering a "cybersigning chat room," extending a "digital handshake," and then buying that cherished wedding gown? E-SIGN allows this to happen. In this era of …

Normalized Natural Gradient Adaptive Filtering For Sparse And Nonsparse Systems, Steven L. Grant, S.C. Douglas

Electrical and Computer Engineering Faculty Research & Creative Works

This paper introduces a class of normalized natural gradient algorithms (NNG) for adaptive filtering tasks. Natural gradient techniques are useful for generating relatively simple adaptive filtering algorithms where the space of the adaptive coefficients is curved or warped with respect to Euclidean space. The advantage of normalizing gradient adaptive filters is that constant rates of convergence for signals with wide dynamic ranges may be achieved. We show that the so-called proportionate normalized least mean squares (PNLMS) algorithm, an adaptive filter that converges quickly for sparse solutions, is in fact an NNG on a certain parameter space warping. We also show …

The Incalculable Risk: How The World Trade Center Disaster Accelerated The Evolution Of Insurance Terrorism Exclusions, Jane Kendall

University of Richmond Law Review

"The deliberate and deadly attacks, which were carried out yesterday against our country, were more than acts of terror. They were acts of war."

- President George W. Bush, September 12, 2001.

Separability And Competence-Competence In International Arbitration: Ex Nihilo Nihil Fit? Can Something Indeed Come From Nothing?, Robert H. Smit

Faculty Scholarship

The doctrine of separability provides that an arbitration clause is “separable” from the contract containing it and thus may survive a successful challenge to the validity of the contract. The doctrine of competence-competence provides that arbitrators have jurisdiction to decide challenges to the arbitration agreements upon which their own jurisdiction is based. These two doctrines have appropriately been called the conceptual cornerstones of international arbitration as an autonomous and effective form of international dispute resolution. The doctrines, taken together, ensure that the parties’ intent to arbitrate any disputes that arise out of their international contractual relationship is effectuated without undue …

Logos, Biblios & Bibliotheke: Christian Influences In Library Development, John Mark Tucker

The Christian Librarian

The influence of the Christian faith in the growth and development of libraries begins with the fundamental character of Yahweh, God of the Bible. By outlining the characteristics of Yahweh, we begin to understand the conceptual framework on which libraries have come to exist as intellectual, physical, spiritual, and social institutions. Given the limitations of space and format, I am confining my remarks to thematic possibilities, ideas that may merit further exploration. Essential to Yahweh's character is that he acts in a powerful manner by speaking things into existence. He acts in a loving manner by creating individual human beings …

Narnia In The News, C.S. Lewis & Harpercollins, Roger Phillips

The Christian Librarian

C.S. Lewis' beloved Narnia has withstood the attack of the White Witch (aka Queen Jadis) from within and the Calormenes from without, but can it stand against modern publishing giant HarperCollins? This question in various forms has been voiced in the New York Times, Atlantic Monthly and Christianity Today. So let's just get the facts out into the light of day and decide for ourselves. But those facts are shrouded in a fog that would rival any to be found in Narnia.

Cpi-E On Every Desktop!, Jule Kind

The Christian Librarian

Christian Periodical Index-Electronic is now beginning its third year of '-Production. Initial subscriptions to the index were made following conference in 1999 after the official ribbon cutting at Lee University in Cleveland, Tennessee. Since that time we have seen many libraries subscribe. The electronic version is available in both cd-rom format and via the Internet. Libraries have successfully setup access both by ip recognition and by password for patrons accessing the library's databases remotely. This year the CPI Team decided to make a more conscious effort to market the product with several initiatives underway. These include direct mailings with a …

The Core Virtue Of Christian Librarianship, Gregory A. Smith

The Christian Librarian

Christian librarians should derive their professional ethics from methodical exegesis of the Bible. The New Testament's most salient ethical statements center on love-for God, neighbor, and fellow believers. Each of these has significant implications for library practice. Identifying love as the core virtue of librarianship represents a radical departure from secular approaches to library ethics. While the biblical and secular models converge on some significant points, they are fundamentally opposite. Where the two reach similar conclusions, the biblical model proves to be more philosophically consistent. The Scriptures speak with enduring relevance to the issues facing librarians.

Prediction Of Electric Load Using Kohonen Maps - Application To The Polish Electricity Consumption, Amaury Lendasse, M. Cottrell, V. Wertz, M. Verleysen

Engineering Management and Systems Engineering Faculty Research & Creative Works

The Problem of Electrical Load Forecasting Presents Some Particularities, Compared to the Generic Problem of Time-Series Prediction. One of These Particularities is that Several Values (Corresponding to One Day of Consumption) Are Usually Expected as the Result of the Prediction. in This Paper, We Propose an Original Method Dividing the Problem into Three Parts: Prediction of the Daily Mean, of the Daily Standard Deviation and of the Normalized Daily Profile. for the Mean and the Standard Deviation, Radial Function Networks Are Used as Nonlinear Approximations. for the Normalized Profile, a Method based on Kohonen Maps is Proposed. This Method is …

The Lives Of John Marshall, Michael J. Gerhardt

Faculty Publications

No abstract provided.

A Comparison Of Louisiana Secondary Career And Technical Teachers And Academic Teachers On Learning Type And Perception Of School Climate, Tracy Andries Beard

LSU Doctoral Dissertations

The purpose of this study was to investigate the relationship between Louisiana public secondary school teachers' primary learning type and teaching area; and the influence of learning type and teaching area on the teacher's perception of school climate. A total of 293 Louisiana public secondary school teachers participated in the study. An instrument with three parts was used to collect data for this study: demographics, Learning Type Measure and Organizational Health Inventory. Over two-thirds of the respondents were female. Mean age was 43 years and mean teaching experience was 16.41 years. Over three-fourths of respondents were white while over 50% …

Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor, Sara M. Cliffe

University of Richmond Law Review

There is great appeal to the notion that parties to a contract may provide in their agreement for how certain aspects of any dispute that may subsequently arise will be resolved. The appeal is so great, in fact, that both parties and courts have embraced the use and enforcement of pre-litigation agreements ("PLAs"). These agreements take a variety of forms. Parties may agree to the forum in which their dispute will be resolved. They may designate the law that will be applied to the resolution of the dispute. Parties may designate what evidence may or may not be presented as …

Lawyer Advertising And The Philosophical Origins Of The Commercial Speech Doctrine, Ronald D. Rotunda

University of Richmond Law Review

The topic of lawyers advertising for clients seems prosaic enough, but it is really a subset of a much larger, more theoretical question. What Americans think about the Constitutional right of lawyers to advertise and market their services both reflects and molds what we think about the right to be left alone. In 1928, Justice Brandeis, in his famous dissent in Olmstead v. United States, wrote that our Constitution "conferred, as against the Government, the right to be left alone-the most comprehensive of rights and the right most valued by civilized men." Justice Brandeis did not speak in a vacuum; …

A Matter Of Normative Judgment: Brentwood And The Emergence Of The "Pervasive Entwinement" Test, Michael A. Culpepper

University of Richmond Law Review

The Fourteenth Amendment remains the great Rorschach test of one's underlying jurisprudential beliefs. For those of a "progressive" bent, the amendment is a "sweeping mandate," while those more inclined toward powdered wigs and judicial formalism criticize the amendment as an instrument of "freewheeling judicial] lawmaking." It is a philosophical impasse, one that centers around the apparently ambiguous prohibition against deprivations of due process and denials of equal protection. Unfortunately, the strictures from the high court and Congress remain equally ambiguous-particularly in the realm of state action. Metaphors, such as "winks and nods," "sifting facts and weighing circumstances " and "under …

"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog

Reviews

Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …

Research Highlightsfrom A Large Scale Residential Monitoring Study In A Hot Climate, Florida Solar Energy Center, Danny Parker

FSEC Energy Research Center®

This load research project by a large utility has monitored 204 residences in Central Florida, collecting detailed electricity end-use load data. In each home, 15-minute electric demand data is obtained on total electric power, space heating, cooling, water heating, dryers, cooking and pool energy use. Interior and exterior temperatures were also recorded. This is similar to other detailed end-use data monitored in the U.S. Pacific Northwest in the ELCAP project (Pratt et al., 1989) and the PG&E Appliance Metering Project (Brodsky and McNicoll, 1987). However these data are of a more recent vintage and from a cooling dominated climate.

The …

Sunsmart Community Partnerships: Summary And Lessons Learned Report, Florida Solar Energy Center, Jennifer Szaro

FSEC Energy Research Center®

Through a working partnership with the Florida Municipal Electric Association (FMEA), the Florida Solar Energy Center (FSEC), the Florida Municipal Power Agency (FMPA), the Legal Environmental Assistance Foundation (LEAF), and FMEA member utilities, the SunSmart program offers a unified, low-cost solution to providing municipal electric customers with a solar energy option. It also provides its member utilities with a high level of technical and administrative support to alleviate concerns about working with an unfamiliar electric generation technology. It relies on a core team to develop a standardized marketing and public outreach plan which can be utilized by all participants, and …

Mixed Signals: The Limited Role Of Comparative Analysis In Constitutional Adjudication

San Diego Law Review

Judges and academics are divided as to whether the resolution of constitutional disputes must turn wholly on domestic inputs or if there is in fact any room in United States constitutional jurisprudence to learn from the experiences of other nations. Objections to the practice

premised upon the assertions that constitutional solutions should derive from purely domestic sources and that fundamental differences in constitutional systems will render attempts to transplant solutions ineffective. The purpose of this discussion is to show (1) that courts do in fact use comparative analysis in the interpretation of the Constitution, (2) that courts use foreign materials …

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.

Breast Cancer Experiences: Women's Reflections Years After Diagnosis, Margaret Barton-Burke

Open Access Dissertations

Many women diagnosed with breast cancer m the last decade are either living with active treatment for the disease or are classified as cured but living with the sequelae of the disease or treatment. Most research has been on the physical aspects of the disease and conducted during or immediately after active treatment. Information beyond the physical dimension of women's experiences is small and narrowly focused, and research beyond 5 years is almost nonexistent. A full depiction of the multidimensional nature of being diagnosed with, treated for, recovering from, and living with the aftermath of breast cancer is lacking. The …

A Friend Of Edward's: Identity, Homosexuality, And The Literature Of Edward Ii, 1300-1630, Michael Gary Cornelius

Open Access Dissertations

England's King Edward II is a figure handed down throughout history largely because of his same-sex relationships. Medieval and Renaissance authors did not choose to write about Edward II in spite of his same-sex desires, but, rather, because of them; in essence, to explore issues surrounding same-sex relationships, these writers chose Edward II as their representational figure because his name was already inextricably linked with these desires. In doing so, these authors--including Adam Davy, John Lydgate, John Barbour, Christopher Marlowe, Michael Drayton, Francis Hubert, and Elizabeth Cary--create a genre of queer literature that extends back seven centuries and that, in …

Leftist Literature And The Ideology Of Eugenics During The American Depression, Sarah Catherine Holmes

Open Access Dissertations

This dissertation examines both literary and non-literary works to illustrate how leftist writing was profoundly influenced by notions of eugenics which circulated widely in Depression-era America, though often just beneath the surface. One of the most popular movements during the Great Depression was the attempt to prove that certain groups of the American population were "unfit" and that society should take intentional steps to intervene in citizens' reproductive rights. This eugenics doctrine was so pervasive that it became embodied in a variety of texts, including many "leftist" texts, thereby producing an ideological crisis for many of these writers. Leftist literature …

Ningyo: Destined For The Trash Can?, Anita Y.K. Davis

All Volumes (2001-2008)

Japanese Ningyo (dolls) are static art, individual sculptures and expressions of creativity. This paper explores the loss of these wonderful works of art. While western dolls fetch high prices and are highly sought after if even a few decades old, we explore the destination of most ningyo as they fail to be recognized or preserved. Particularly the dolls fashioned by women to decorate their homes, as their beauty fades they are set aside. What has happened to them? What is taking their place as globalization is changing the decorating desires of the Japanese?

An Examination Of The Nature Of Reading Fluency, Emily D. Russell

Open Access Dissertations

The present study attempted to investigate the underlying cognitive and linguistic skills necessary for three different aspects of reading fluency: rate, phrasing, quality of expression. The variance accounted for by each of these skills on measures of reading comprehension was also evaluated. Oral reading skills of third and fourth-grade normal readers were assessed on narrative passages within each participant's independent reading level (i.e., fewer than two percent word reading errors). Results indicated similarities in the cognitive and reading skills necessary for rapid reading and appropriate phrasing. Specifically, word recognition was the strongest predictor in both cases. However, oromotor accuracy and …

Female Coping With Cardiac Rehabilitation After A Cardiac Event: A Qualitative Study, M. Patricia Burnside Quigley

Open Access Dissertations

Coronary heart disease is the leading cause of death in American women. Cardiac rehabilitation can reduce cardiac risk, but women underutilize cardiac rehabilitation. Research has not described how women who do participate cope with integrating cardiac rehabilitation into their lives. The purpose of this research study was to explore women's coping with a Phase II (12-week) cardiac rehabilitation program by analyzing interview data for common elements and other ways of coping. A secondary purpose was to explore to what extent the women's descriptions in their interviews corresponded with Lazarus' theoretical concepts of appraisal and coping. The purposive sample was comprised …

Ghosts At The Table: Historiography And Nonfiction Narrative As Rhetorical Constructs Of The Mexican Counter-Revolution Of 1913, Sylvia Montgomery Shaw

Open Access Dissertations

One of the hallmarks of historical nonfiction is its purported allegiance to truth. But what is historical truth? Prevalent narratives and characterizations of events and individuals? What if research uncovers primary sources that contradict each other? How does one determine the "truth"? I explore these issues by writing my own carefully researched nonfiction novel about a Porfirian family, the Enrique Zepedas, and analyzing it in terms of three intersecting fields: historiography, nonfiction narrative, and rhetoric, to illustrate the centrality of language in conceptions of reality. This study is above all a rhetorical one. Zepeda was a prominent Mexican who conspired …

Help-Seeking Behaviors Among Latino And Latina College Students, Cecilia Maria Duarte

Open Access Dissertations

This study examines the ethnocultural and social factors, which impact the psychological well being and help-seeking behaviors among Latino and Latina client and non-client college populations. Latino/a help-seeking is commonly described as "crisis usage," and underutilization of counseling services has been attributed to cultural and social barriers. The underrepresentation of Latinos in higher education and in counseling centers nationally has led to speculation, of the ethnocultural perceptions of help-seeking among Latino and Latina college students. This research utilized quantitative methods in two studies to address the lack of comprehensive examination of this crisis phenomenon. The first study compared the presentation, …

Analysis And Simulation Of Skeletonema Costatum (Grev.) Cleve Annual Abundance Patterns In Lower Narragansett Bay 1959 To 1996, David Gerald Borkman

Open Access Dissertations

A 38-year time series (1959 to 1996) of weekly observations of abundance of the marine diatom Skeletonema costatum and related plankton habitat parameters in lower Narragansett Bay, Rhode Island was analyzed. A phytoplankton growth model was then developed for investigation of Skeletonema annual abundance pattern regulating mechanisms. A ca. 45% decline in Skeletonema abundance was detected, from 2,292 cells ml−1 (prior to September 1974) to 1,263 cells ml−1 (after August 1980). Winter-spring decreases were greatest, with declines in March Skeletonema abundance from near 3,400 cells ml−1 before a 1977 change-point to mean abundance of ca. 1,000 cells ml−1 after 1977. …