Digital Commons Network^™

The Law And Large Numbers, Paul H. Edelman

Vanderbilt Law School Faculty Publications

Can mathematics be used to inform legal analysis? This is not a ridiculous question. Law has certain superficial resem­blances to mathematics. One might view the Constitution and various statutes as providing "axioms" for a deductive legal sys­tem. From these axioms judges deduce "theorems" consisting of interpretation of these axioms in certain situations. Often these theorems are built on previously "proven" theorems, i.e. earlier decisions of the court. Of course some of the axioms might change, and occasionally a theorem that was once true becomes false; the former is a common feature of mathematics, the latter, though theoretically not possible in …

Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Chris Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a handful of prominent collaborations, but most law review articles seem to be written by one author (notwithstanding their lengthy acknowledgment footnotes, suggesting that even single-author works are shaped by the insights and input of multiple scholars). And while it is true that legal scholars often collaborate on their practically oriented works, scholarly articles might not be well suited to collaboration.

Staphylococcus Aureus Agr And Sara Functions Are Required For Invasive Infection But Not Inflammatory Responses In The Lung, Geoffrey Heyer, Shahryar Saba, Robert Adamo, William Rush, Grace Soong, Ambrose Cheung, Alice Prince

Dartmouth Scholarship

Staphylococcus aureus strains lacking agr- and sarA-dependent gene products or specific MSCRAMM (microbial surface components recognizing adhesive matrix molecules) adhesins were compared for the ability to activate inflammatory responses in the lung. The mutants were evaluated for virulence in a mouse model of pneumonia and by quantifying their ability to stimulate interleukin-8 (IL-8) and granulocyte-macrophage colony-stimulating factor (GM-CSF) expression in respiratory epithelial cells. In a neonatal mouse, only strains with intact agr and sarA loci were consistently associated with invasive, fatal pulmonary infection (P < 0.001) and sarA was specifically required to cause bacteremia (P < 0.001). The agr and/or sarA mutants were, nonetheless, fully capable of producing pneumonia and were as proficient as the wild-type strain in stimulating epithelial IL-8 expression, a polymorphonuclear leukocyte chemokine, in airway cells. In contrast, agr and especially sarA mutants induced less epithelial GM-CSF expression, and MSCRAMM mutants lacking fibronectin binding proteins or clumping factor A, a ligand for fibrinogen, were unable to stimulate epithelial GM-CSF production. The ability to induce IL-8 expression was independent of the adherence properties of intact bacteria, indicating that shed and/or secreted bacterial components activate epithelial responses. While conserved staphylococcal components such as peptidoglycan are sufficient to evoke inflammation and cause pneumonia, the agr and sarA loci of S. aureus are critical for the coordination of invasive infection of the lungs.

Soviet History Reconsidered: The Reform Of Undergraduate History Teaching In Contemporary Russian Universities, Amy Hirschauer

Honors Theses

In my discussion, I will compare how the two universities have dealt with pressing social, financial and economic concerns. This will demonstrate not only the differences in how universities in Russia are dealing with these concerns, but also how a major university with a great deal of prestige in a large, cosmopolitan city can have much more trouble dealing with interpersonal political conflict than a smaller university in the interior, despite the fact that it receives substantially more financial support from the central government. This comparison provides a context for understanding the challenges present in teaching history, and shows how …

Napoleon Lajoie, Breach Of Contract And The Great Baseball War, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Interpretive Issues In Seminole And Alden, Lackland H. Bloom Jr.

SMU Law Review

For students of constitutional interpretation, Seminole Tribe of Florida v. Florida and Alden v. Maine, two of the Court's most important recent Eleventh Amendment opinions, are gold mines. Each is a monumental opinion with lengthy and spirited debate between the majority and the dissents. Every significant method of constitutional interpretation (including textualism, original understanding, structure, precedent, doctrine, practice, and rhetoric) is employed by both the majorities and the dissents. Both the majorities and the dissents are able to advance solid and respectable arguments in favor of their positions. Arguably, these two cases could be used as texts for the study …

Education Law, Carolyn Hanahan

SMU Law Review

No abstract provided.

Environmental Law, Scott D. Deatherage, Becky Jolin, A. Kay Roska, Matthew J. Knifton, Elizabeth Webb, Jennifer Hodgkins

SMU Law Review

No abstract provided.

Sex, Marriage And History: Analyzing The Continued Resistance To Same-Sex Marriage, Josephine Ross

SMU Law Review

No abstract provided.

Study Of Area Deprivation In Connecticut And Maine, Jonathan H. Ryder

Honors Theses

This paper accounts the development of an area deprivation index for two New England states, Connecticut and Maine. The index incorporates data from the 1990 U.S. Census. By applying methodology used in previous projects that created similar indices for area in Britain, an area deprivation index is created at the 5-digit zip code level for these two states in the year 1990. This project provides an example of how such a study can be applied to and completed in the United States. Foremost, it is an attempt to evaluate the relative merits of examining a comprehensive measure of area deprivation, …

Collective Memory Of Vichy : Moulin, Pétain, And The Vél' D'Hiv', Kathryn W. Bondy

Honors Theses

Following World War II, European countries that had been devastated by the war slowly began the task of rebuilding. This reconstruction did not only involve the restoration of buildings and governments, but also of national psyches, as most European nations had recently experienced a traumatic period in their history. France was no exception. Since the liberation of Paris in August of 1944, France had been attempting to regain a sense of normality that it had not had under the World War II government of Vichy. As a result of signing an armistice with Germany on June 22, 1940, France was …

Time Of Pachakutik: An Examination Of The Ecuadorian Indigenous Movement, Eliza Cooke Kittredge

Honors Theses

The Ecuadorian indigenous movement has emerged in the last decade as the most important social and political movement in the country. The driving organizations behind the movement, CONAIE (Confederadon de Nacionalidades Indigenas del Ecuador), a social organization. and Pachakutik Movimiento Pluri-Nacional (Pluri-national movement), a political organization, have taken different approaches to fortifying indigenous identities, challenging the policies of the Ecuadorian government, and uprooting the subtle but persistent racist ideologies that have been discriminatory and exclusionary for over 500 years. I argue that Pachakutik's involvement within the political system has a greater chance of effecting long-term change for indigenous peoples in …

The Interaction Of Tax And Non-Tax Treaties, Robert A. Green

Cornell Law Faculty Publications

This background note consists of two parts. Part one provides an overview of the extent to which tax matters are currently covered in non-tax treaties. This discussion focuses on the general agreement on tariffs and trade (GATT)/World Trade Organization (WTO) agreement and the North American free trade agreement (NAFTA) (which cover direct tax measures only to a limited extent) and the European Community (EC) treaty (which covers direct tax measures more broadly). Part two outlines the issues raised when tax matters are covered in non-tax treaties.

Amici Curiae Brief Of New York Law School Professors In People V. Harris: Constitutionality Of The New York Death Penalty Statute Under The State Constitution's Cruel And Unusual Punishments And Antidiscrimination Clauses, Anthony G. Amsterdam, Ursula Bentele, Vivian Berger, John H. Blume, Peggy Davis, Deborah Denno, Markus Dubber, Stephen Ellmann, Deborah Fins, Eric M. Freedman, Stephen P. Garvey, Jack Greenberg, Randy Hertz, Sheri Lynn Johnson, Richard Klein, James Liebman, Peter Neufeld, Barry Scheck, Bryan Stevenson

Cornell Law Faculty Publications

Amici are teachers in New York law schools who have studied the operation of the death penalty for the purpose of teaching the subject, writing about it in scholarly journals, or representing persons accused or convicted of capital crimes. Most of us have worked in the field both as academics and as pro bono counsel for condemned inmates. Collectively, we have had first-hand experience in hundreds of death cases, in dozens of jurisdictions, extending over more than a third of a century.

Our experience has convinced us that capital punishment cannot be administered with the fairness, reliability, and freedom from …

The Spiritual Foundation For Marriage, Ronald E. Hawkins

Faculty Publications and Presentations

No abstract provided.

Responding To District Systemic Change: A Case Study Of Campus Leadership Team Member Responses Regarding School-Based Management, Mona Rae Davidson Briggs

Theses and Dissertations

The intent of this study was to explore to what extent school-based management (SBM) was being implemented in one urban middle school and to specifically analyze attitudes and perceptions of participants' beliefs and opinions around issues of power, information, knowledge, and rewards. A qualitative case study approach was used that included interviews with the Campus Leadership Team (CLT) members, observations, and review of relevant school and district documents. Study findings revealed that SBM was intended to be a strategy for ensuring that fundamental changes would take place to support improved student performance. While student academic achievement was the primary focus, …

The Afterglow And Complex Environment Of The Optically Dim Burst Grb 980613, Jens Hjorth, Bjarne Thomsen, Svend R. Nielsen, Michael I. Andersen, Stephen T. Holland, Johan U. Fynbo, Holger Pederson, Andreas O. Jaunsen, Jules P. Halpern, Robert Fesen, Javier Gorosabel, Alberto Castro-Tirado, Richard G. Mcmahon, Michael D. Hoenig, Gunnlaugur Bjornsson, Lorenzo Amati, Nial R. Tanvir, Priyamvada Natarajan

Dartmouth Scholarship

We report the identification of the optical afterglow of GRB 980613 in R- and I-band images obtained between 16 and 48 hr after the gamma-ray burst. Early near-infrared (NIR) H and K' observations are also reported. The afterglow was optically faint (R ≈ 23) at discovery but did not exhibit an unusually rapid decay (power-law decay slope α < 1.8 at 2 σ). The optical/NIR spectral index (β_RH < 1.1) was consistent with the optical-to-X-ray spectral index (β_RX ≈ 0.6), indicating a maximal reddening of the afterglow of ≈0.45 mag in R. Hence, the dimness of the optical afterglow was mainly due to the fairly flat spectral shape rather than internal reddening …

The Aftereffects Of The Boarding School Experience For Native Americans In Michigan, Sharon Marie Brunner

Masters Theses

This study focused on the family history and boarding school experience of nine Native Americans in the state of Michigan. Primary questions were utilized to gain information regarding perseverance and problems still being faced as they tie to their boarding school experience. Interview participants were selected who attended the Mt. Pleasant and Holy Childhood boarding schools. These individuals reported both negative and positive recollections about their boarding school experiences. Themes were derived from the interview summaries and utilized for the analysis portion of this project. The results revealed similarities and differences between the experiences of those who attended both institutions. …

Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith

Journal Articles

The topic I would like to address in this essay is the subject of conservative judicial activism. Dismayed at the boldness of the Rehnquist Court's conservative majority in areas such as affirmative action and race-based redistricting, federalism, takings law, and my own field of constitutional criminal procedure, critics have accused the Court of being "activist." These attacks have become almost ubiquitous now, to the point that it is increasingly difficult to find any area of the Rehnquist Court's jurisprudence that has not been condemned as activist. Perhaps this is not surprising; the term "activism" packs a powerful rhetorical punch, especially …

Incorporating Aspects Into The Software Development Process In Context Of Aspect-Oriented Programming, Mark Alan Basch

UNF Graduate Theses and Dissertations

Aspect-oriented programming is a relatively new approach to programming that is design to resolve issues of separation of concerns. Rather than focusing on commonality of objects, as in object-oriented programming, aspect –oriented programming focuses on commonality of concerns, or more precisely as described by experts in the field, of "cross-cutting concerns." These are aspects that cut across different modules of a program, such as security and authentication issues.

While much research in the area has focused on developing programming languages, little attention has been given to dealing with aspects in the software development process and the Unified Modeling Language. This …

Causes Of Student Underachievement In Northside New Era Secondary School In Ghana, Edward Larbi

UNF Graduate Theses and Dissertations

This study focused on the causes of student underachievement in a selected high school in Ghana. The anonymous name chosen for the school was Northside New Era Secondary School. The participants in the study were administrators, teachers, and students. They were selected from the same school where the researcher conducted the study. The school was located in the Northern Region of Ghana. It had proven records of underachievement compared to other schools in the country according to the Ministry of Education's recent statistical report on education. The criterion for measurement was based on the results of the final examination conducted …

Rape Risk Reduction Materials: How Do University Students Of Color Perceive The Cultural Relevancy Of These Materials?, Anita L. Vorreyer-Hedges

UNF Graduate Theses and Dissertations

Few studies have investigated how race and ethnicity influence people's beliefs about rape, or what impact these beliefs have on what and how we teach college students in efforts to raise awareness about rape. The purpose of this study was to gain understanding of how students of color perceive the cultural relevance of materials commonly used on campuses for rape risk reduction education. Participants were African American and Hispanic students at a mid-sized state university. Focus group sessions and interviews were conducted with 23 student participants. Students reported that they found the rape risk reduction materials culturally relevant; however, other …

Regulating Political Parties Under A Public Rights First Amendment, Gregory P. Magarian

Scholarship@WashULaw

The recently-enacted McCain-Feingold campaign finance law pushes to the fore the questions of whether and to what extent the First Amendment allows government to regulate the electoral activities of political parties. One of the new law's primary components is its attempt to eliminate so-called "soft money"- unlimited donations to national political parties that the Democrats and Republicans have used to circumvent legal limits on campaign contributions? One congressional opponent of the new law called it "the death knell" for political parties' role in elections." Not surprisingly, both major parties have attacked McCain-Feingold. Most Republicans in Congress opposed the legislation, and …

Modeling The Evolution Of Anisotropy In Al-Li Alloys: Application To Al–Li 2090-T8e41, Omar S. Es-Said, Hamid Garmestani, Surya R. Kalindi, L. Williams, Cristiane Maria Basto Bacaltchuk, C. Fountain, Eui W. Lee

Mechanical Engineering Faculty Works

It is widely reported in current literature that the precipitation hardened Al–Li sheet alloys exhibit extremely high anisotropy in yield (and ultimate tensile) strength, which is well beyond what can be explained as purely a consequence of the strong crystallographic texture in the material (e.g. J. Mater. Sci. Eng. A265, 1999, 100). This paper presents a crystal plasticity based modeling framework that will (i) facilitate the segregation of the contributions to the overall anisotropy from crystallographic texture and precipitation hardening, and (ii) correlate the contribution from precipitate hardening to either co-planar slip activity or the non-coplanar slip activity in the …

Gifted Underachievers : A Review Of The Past And Present With Implications For The Future, Angela R. Fry

Graduate Research Papers

The academic underachievement of gifted students has perplexed educators, parents, and researchers for over half a century. With such a controversial background, gifted underachievers have become a topic of increased interest in the last few decades. A large body of quantitative research has attempted to fill this void. Numerous personality and environmental factors such as lack of effort, learning styles, family dynamics, and peer relationships have been linked to underachievement.

A plethora of inadequate and unsuccessful interventions have been implemented, researched, and scrutinized. With such an increased awareness, why do potentially gifted students continue to fail and what can we …

After Be & K: The Difficult Constitutional Question Of Defining The First Amendment Right To Petition Courts, Carol Rice Andrews

Articles

No abstract provided.

Constitutional Reform In Alabama: A Necessary Step Towards Achieving A Fair And Efficient Tax Structure Working Papers, Susan Pace Hamill

Articles

No abstract provided.

Bridging The Gap Between International Law And Foreign Policymaking, Daniel H. Joyner

Articles

No abstract provided.

The Wages Of Crying Wolf Revisited: The Essential Consanguinity Of Lochner, Roe, And Eastern Enterprises Symposium: The Eleventh Amendment, Federalism, And Judicial Activism: Questions And Answers: Answer, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

Finite Element Modal Formulation For Panel Flutter At Hypersonic Speeds And Elevated Temperatures, Guangfeng Cheng

Mechanical & Aerospace Engineering Theses & Dissertations

A finite element time domain modal formulation for analyzing flutter behavior of aircraft surface panels in hypersonic airflow has been developed and presented for the first time. Von Karman large deflection plate theory is used for description of the structural nonlinearity and third order piston theory is employed to account for the aerodynamic nonlinearity. The thermal loadings of uniformly distributed temperature and temperature gradients across the panel thickness are incorporated into the finite element formulation. By applying the modal reduction technique, the number of governing equations of motion is reduced dramatically so that the computational time of direct numerical integration …