Digital Commons Network^™

How Long, Oh Lord, How Long? James E. Talmage And The Great War, Richard Bennett

Faculty Publications

What is it that is happening? A war greater in area and scale and more fearful in carnage, than any that has ever been since life on the round world began. Five months--no more--have passed since the first gun was fired, and already the list of men who were strong, healthy, capable, keen, five short months ago, and who are now stark in death, outnumbers anything of its kind in human history. And to reckon up the load of sheer blank sorrow in innumerable homes, and the actual but incidental war sufferings, short of death, or possibly worse than death, …

Peppering Knowledge Sources With Salt: Boosting Conceptual Content For Ontology Generation, Deryle W. Lonsdale, Yihong Ding, David W. Embley, Alan Melby

Faculty Publications

This paper describes work done to explore the common ground between two different ongoing research projects: the standardization of lexical and terminological resources, and the use of conceptual ontologies for information extraction and data integration. Specifically, this paper explores improving the generation of extraction ontologies through use of a comprehensive terminology database that has been represented in a standardized format for easy tool-based implementation. We show how, via the successful integration of these two distinct efforts, it is possible to leverage large-scale terminological and conceptual information having relationship-rich semantic resources in order to reformulate, match, and merge retrieved information of …

Parental Psychological Control: Implications For Childhood Physical And Relational Aggression, David A. Nelson, Nicki R. Crick

Faculty Publications

Children who experience difficulties with peers also tend to experience both concurrent social–psychological difficulties and long-term negative developmental outcomes. Specifically, a significant amount of research has identified peer rejection and isolation as significant precursors to academic troubles and socially deviant behavior (DeRosier, Kupersmidt, & Patterson, 1994; Kupersmidt, Coie, & Dodge, 1990; Parker & Asher, 1987; Parker, Rubin, Price, & DeRosier, 1995). Substantial research and intervention efforts have consequently been dedicated to an understanding of the problem behaviors commonly identified as correlates or antecedents of peer rejection. Childhood aggression is one of the most significant predictors of peer rejection, and has …

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.

Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman

Faculty Publications

No abstract provided.

Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer

Faculty Publications

Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …

Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2001-2002), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2002 Session. In addition, there were ten Supreme Court of Virginia opinions and two United States District Court opinions raising issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.

Colorblindness, Race Neutrality, And Voting Rights, Henry L. Chambers Jr.

Law Faculty Publications

The Reconstruction Amendments' guarantee of civil rights and political equality for racial minorities means that with respect to voting and representation, raceneutral results should be as much a constitutional imperative as colorblind process. As such, a colorblind electoral rule that unintentionally lessens the ability of a minority group to vote or to choose its candidate of choice should be deemed unconstitutional under the Fifteenth Amendment, not merely unlawful under the Voting Rights Act, unless the jurisdiction can provide a strong justification for the rule focused on why such a rule is reasonably necessary to safeguard the electoral process. This change …

A Preferable Approach For The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

United States Senators Orrin Hatch (R-Utah) and Frank Murkowski (R-Alaska) recently introduced Senate Bill 2184, which would split the United States Court of Appeals for the Ninth Circuit into two circuits. This measure differs from Senate Bill 253 that embodies the recommendations submitted to Congress by the Commission on Structural Alternatives for the Federal Courts of Appeals after its one-year study. The Commission found "no persuasive evidence that the Ninth Circuit ... is not working effectively" and clearly rejected bifurcation. However, the Commission recommended that Congress impose a divisional restructuring on the Ninth Circuit Court of Appeals and authorize the …

Local Federal Civil Procedure For The Twenty-First Century, Carl W. Tobias

Law Faculty Publications

Federal civil procedure is now byzantine. Lawyers and parties face, and federal judges apply, a bewildering panorama of requirements. There are strictures in the Federal Rules of Civil Procedure as well as Title 28 of the United States Code and dozens of substantive statutes. A stunning array of local measures-including local rules; general, special, and scheduling orders; individual-judge practices; and mechanisms that courts adopted under the Civil Justice Reform Act (CJRA) of 1990 to reduce cost and delay-also govern cases in all ninety-four districts. Many of the provisions· are inconsistent or duplicative, while a significant percentage are difficult to discover, …

Anastasoff, Unpublished Opinions, And Federal Appellate Justice, Carl W. Tobias

Law Faculty Publications

In Anastasoff v. United States, a three-judge panel of the United States Court of Appeals for the Eighth Circuit recently invalidated the court's local rule of appellate procedure providing that "unpublished opinions are not precedent and parties generally should not cite them." Eighth Circuit Judge Richard S. Arnold authored the opinion, holding that this local requirement violates Article ill of the United States Constitution. Regardless of whether the provocative decision in Anastasoff is constitutionally sound, the opinion trenchantly emphasizes the critical significance of a public policy issue that has remained essentially untreated for too long.

The three-judge panel, thus, threw …

Youngstown Revisited, Carl W. Tobias, Christopher Bryant

Law Faculty Publications

One half century ago, President Harry S. Truman promulgated an Executive Order that authorized federal government seizure and operation of the nation's steel mills to support United States participation in the Korean conflict.1 The president relied on his power as commander-in-chief of American armed forces, other executive authority provided by Article II in the United States Constitution, the need for sustaining the American military effort, and temporal exigencies. Eight weeks later, the United States Supreme Court held that Truman lacked any power to seize the property of American steel companies in Youngstown Sheet & Tube Co. v. Sawyer.

On November …

Maximum-Likelihood Image Estimation Using Photon-Correlated Beams, Majeed M. Hayat, Muhammad Sajjad Abdullah, Adel Joobeur, Bahaa E.A. Saleh

Electrical and Computer Engineering Faculty Research and Publications

A theory is presented addressing the fundamental limits of image estimation in a setup that uses two photon-correlated beams. These beams have the property that their photon arrivals, as a point process, are ideally synchronized in time and space. The true image represents the spatial distribution of the optical transmittance (or reflectance) of an object. In this setup, one beam is used to probe the image while the other is used as a reference providing additional information on the actual number of photons impinging on the object. This additional information is exploited to reduce the effect of quantum noise associated …

Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday

Articles

No abstract provided.

The Most Difficult Ada Reasonable Accommodation Issues: Reassignment And Leave Of Absence, Stephen F. Befort

Articles

The Americans with Disabilities Act obligates employers to provide reasonable accomodations to disabled workers as a means of enabling those workers to perform essential job duties. Of all the accomodations contemplated by the ADA, leaves of absence and reassignment to another position pose the most troublesome legal and human resource issues. These two types of accomodations do not merely tweak the job that a disabled employee is asked to perform, but instead excuse such employees from performing their original job assignment. While facilitating disabled employees to remain gainfully employed, these accomodations impose significant burdens on both employers and fellow employees. …

Legal Knowledge, James Boyd White

Articles

What do we know when we know the law? I asked a rabbi I know how he would answer that question with respect to Jewish law. Does someone know the law when he can repeat the rules that tell him what to do? Or when he can engage in the activity of reading them, sepa­rately or in conjunction with each other, and applying them sensibly to new circumstances? Is even that enough? My friend said it was not: he must know who he is in relation to the law, both as an individual and as a member of a people; …

Vicarious Traumatization And Its Impact On The Pennsylvania Child Welfare System, Jo Ann Jankoski

Electronic Theses and Dissertations

Although many studies have addressed burnout, secondary trauma, and job satisfaction among child welfare workers throughout the United States, a review of the current and available literature revealed limited research addressing the impact of vicarious trauma and its relationship to worker retention, recruitment, and job satisfaction. This study was conducted within the context of traumatology theory and examined how vicarious trauma affects child welfare workers and to what degree vicarious trauma has had an impact on their collective community, the child welfare system. The research question that guided this study was: How does vicarious trauma affect child welfare workers and …

The Effectiveness Of Mainstreaming Special Needs Students With Regular Students In A High School Classroom Setting, Michael A. Maciejewski

OTS Master's Level Projects & Papers

The goals of this study were to answer the following questions: 1. Are special needs students as successful in a regular classroom setting as other students are? 2. Do special needs students work and learn as well as other students in a regular classroom setting? 3. Do special needs students respond to the various teaching methods as well as other students? 4. Do special needs students respond to media and training aids as well as other students? 5. Is mainstreaming special needs students in a regular classroom setting successful overall or should other improvements be made?

Factors That Influence Students To Enroll Into Teletechnet Programs, Elaine Ward

OTS Master's Level Projects & Papers

Some of the areas considered in this study include: 1. Identify the factors that influence student enrollment at the Southwest Virginia Community College Teletechnet site; 2. Identify the population of students enrolling at the Teletechnet program in regards to age and occupation; 3. Project the graduation rate of those students enrolling at the Teletechnet site located at Southwest Virginia Community College during spring 2002.

The Relationship Between Cadets Who Prefer "Gangsta" Or "Hip Hop" Attire And Their Academic Performance, Patrick Hunt

OTS Master's Level Projects & Papers

The following goals were used to direct this research: 1. Determine level of importance of academic excellence within this population; 2. Determine the importance of peer influence with regard to academic success within this population; 3. Determine post secondary school aspirations of members of this population; 4. Determine academic success of members of this population

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. …

Trademark Exhaustion In The European Union: Community-Wide Or International--The Saga Continues, Irene Calboli

Faculty Scholarship

This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions define the extent of trademark exhaustion as either "national" or "international" exhaustion, depending on whether the rights granted by a mark are considered exhausted only in the domestic territory or also in foreign jurisdictions. Because of its nature as a regional integration of sovereign countries, the EU has historically favored a compromising approach toward the issue, 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 …

Tightness Of Slip-Linked Polymer Chains, Ralf Metzler, Andreas Hanke, Paul G. Dommersnes, Yacov Kantor, Mehran Kardar

Physics & Astronomy Faculty Publications

We study the interplay between entropy and topological constraints for a polymer chain in which sliding rings (slip links) enforce pair contacts between monomers. These slip links divide a closed ring polymer into a number of subloops which can exchange length among each other. In the ideal chain limit, we find the joint probability density function for the sizes of segments within such a slip-linked polymer chain (paraknot). A particular segment is tight (small in size) or loose (of the order of the overall size of the paraknot) depending on both the number of slip links it incorporates and its …

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 …

Behavioral Measures From A Computer Simulation Of A Slot Machine Using A Within-Subjects Design, Andrew E. Brandt

Undergraduate Theses and Senior Projects

No abstract provided.

Review Of Determination Of Organic Compounds In Soils, Sediments And Sludges By T. R. Crompton, John J. Johnston

United States Department of Agriculture Wildlife Services: Staff Publications

T. R. Crompton has accomplished the Herculean task of summarizing the literature (up to 1998) for the determination of organic and organometallic substances in soils, aquatic, and marine sediments and sludge. Although previous books address the analysis of such compounds in water, this is the first book dedicated to the analysis of pollutants in soils, sediments, and sludges, matrices that typically contain a variety of interfering compounds and offer significant analytical challenges. Overall, the book is relatively easy to read; the “camera ready” manuscript produced by the author contains clear tables, figures, and font. Classes of compounds addressed in this …

Comparing Communication Technology On Chinese, English, And Spanish Diabetes Web Sites, Yanko F Michea, Karen Pancheri, Yang Gong, Elmer Bernstam

Faculty, Staff and Student Publications

Technological and cultural factors influence access to health information on the web in multifarious ways. We evaluated structural differences and availability of communication services on the web in three diverse language and cultural groups: Chinese, English, and Spanish. A total of 382 web sites were analyzed: 144 were English language sites (38%), 129 were Chinese language sites (34%), and 108 were Spanish language sites (28%). We did not find technical differences in the number of outgoing links per domain or the total availability of communication services between the three groups. There were differences in the distribution of available services between …

The Feasibility Of Using Propositional Analysis As A Method For Understanding Differences Between Physicians And Nurses Reading Emrs, Constance M. Johnson, Todd Johnson, Vimla L. Patel, James P. Turley

Faculty, Staff and Student Publications

No abstract provided.