Digital Commons Network^™

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Articles by Maurer Faculty

This article contributes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000.

The various roles …

Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Articles by Maurer Faculty

No abstract provided.

Introduction To Written Symposium On Public Health And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Bioterrorism, Public Health, And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Patent Abolitionism, Mark D. Janis

Articles by Maurer Faculty

In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …

The Ethics Of Evidence, J. Alexander Tanford

Articles by Maurer Faculty

Professor J. Alexander Tanford offers a unique perspective on the ethics of evidence, illustrated by examples of his own personal experiences as well as excerpts from film and literature. This Article is a must read for any litigator as it addresses the issue of where the line is to be drawn regarding evidence in the courtroom.

Keeping Cross-Examination Under Control, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Creating An Online Tutorial And Pathfinder, Peter A. Hook

Articles by Maurer Faculty

Mr Hook explores the educational potential of Web-based tutorials and pathfinders. He discusses how the multimedia environment can effectively reach a broad range of learner types, explaining how the disciplines of infor- mation architecture and information visualization can contribute to designing a successful tutorial and pathfinder.

Broad Are Nebraska's Rolling Plains: The Early Writings Of George Bird Grinnell, Richard Vaughan

Articles by Maurer Faculty

Profiles the life of writer George Bird Grinnell (1849-1938) and the influence his first trip to Nebraska had in shaping his early writings about the American West. Among the works he published were several groundbreaking books about the Plains Indians of the late 19th and early 20th centuries. Not only did this 1870 trip to Nebraska, as a member of O. C. Marsh’s first Yale Paleontological Expedition, influence Grinnell's scholarly endeavors, but his deep interest in the state also influenced his lifelong devotion to environmental preservation and established him as an important advocate for the protection and welfare of Native …

"Introduction" To The Shape Of Change: Essays In Early Modern Literature And La Fontaine In Honor Of David Lee Rubin, Anne L. Birberick, Russell J. Ganim

Department of Modern Languages and Literatures: Faculty Publications

Since Michel Foucault’s The Archeology of Knowledge gained widespread critical recognition in the late 1960s, the concept of change has held a privileged position in the discourse of literary and cultural studies. Concerned with disruptions, transformations, and upheavals, scholars have focused on those moments of rupture when the present breaks with the past, when originality displaces convention, when inventio repudiates imitatio. This emphasis on aesthetic and epistemic shifts has all too often resulted in the neglect of more traditional issues having to do with problems of cultural development, evolution, and influence. It has also overlooked the idea of reading and …

Chemical Partitioning During Crystallization And Its Effect On The Microstructure And Magnetic Behavior Of Modified Nd–Fe–B Permanent Magnets, Jeffrey E. Shield, B. B. Kappes, D. J. Branagan, J. Bentley

Department of Mechanical and Materials Engineering: Faculty Publications

In this paper, the effect of alloy composition on the microstructural development of devitrified Nd–Fe–B-based alloys is investigated. While crystallization of simple ternary Nd₂Fe₁₄B resulted in a highly variable microstructure and relatively poor demagnetization behavior, alloying additions, notably Ti and C, were found to significantly refine and homogenize the crystallized microstructure. High spatial resolution energy dispersive X-ray spectroscopy revealed that partitioning to the grain boundaries led to the grain refinement by slowing interface kinetics. The more homogeneous grain structure resulted in improved demagnetization behavior, but segregating elements isolated grains and limited intergranular exchange coupling.

A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera

Articles by Maurer Faculty

No abstract provided.

Principles For Protecting Privacy, Fred H. Cate

Articles by Maurer Faculty

This article addresses health privacy in the broader context of other areas of recent privacy activity, in an effort to discover what people should have learned in trying to identify those principles that should undergrid regulatory efforts to protect privacy. Increasingly, the dominant trend in recent and pending privacy legislation is to invest consumers with near absolute control over information in the marketplace. - irrespective of whether the information is, or could be, used to cause harm. The Health Insurance Portability and Accountability Act privacy rules wholly ignore the concept of harm and the constitutional requirement of targeting restriction on …

Environmental Change In The Great Plains: An Isotopic Record From Fossil Horses, Benjamin H. Passey, Thure E. Cerling, Michael E. Perkins, Michael R. Voorhies, John M. Harris, Shane T. Tucker

University of Nebraska State Museum: Mammalogy Papers

Carbon and oxygen isotope ratios of fossil horse tooth enamel from Nebraska and Texas show evidence for late Neogene environmental changes in the Great Plains. The earliest unambiguous C₄ dietary signal among Texas equids coincides with the age of the classic late Hemphillian–age Coffee Ranch fauna, which we suggest is ∼6.6 Ma based on volcanic ash correlations. C₄ vegetation was present in the diets of a small fraction of late Hemphillian equids in Nebraska and was thereafter ordinary in the diets of both Nebraska and Texas equids. There is no unequivocal evidence for abundant C₄ vegetation in …

Concordant Paleolatitudes For Neoproterozoic Ophiolitic Rocks Of The Trinity Complex, Klamath Mountains, California, Edward A. Mankinen, Nancy Lindsley-Griffin, John R. Griffin

Department of Earth and Atmospheric Sciences: Faculty Publications

New paleomagnetic results from the eastern Klamath Mountains of northern California show that Neoproterozoic rocks of the Trinity ophiolitic complex and overlying Middle Devonian volcanic rocks are latitudinally concordant with cratonal North America. Combining paleomagnetic data with regional geologic and faunal evidence suggests that the Trinity Complex and related terranes of the eastern Klamath plate were linked in some fashion to the North American craton throughout that time, but that distance between them may have varied considerably. A possible model that is consistent with our paleomagnetic results and the geologic evidence is that the Trinity Complex formed and migrated parallel …

Indigenous Peoples, American Federalism, And The Supreme Court, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

As America breathes a sigh of relief in the afterglow of the pyrotechnics associated with the first post-September 11 July 4, pondering its global status as as the leading agent in its self-­proclaimed "War on Terrorism," and its domestic situation with a "War on Federalism" raging between the Supreme Court's redefined notion of states' rights and federal authority, it seems a propitious time to ask where indigenous nations fit in this warlike atmosphere, given that the history of Indian/U.S. relations involved a fair amount of war-related activities.

Foreword: Phase Ii Of The Genetics Revolution: Sophisticated Issues For Home And Abroad, Frances H. Miller

Faculty Scholarship

The distinguished health law and policy scholars we invite to contribute to the American Journal of Law & Medicine's annual symposium issue are given carte blanche to write about any aspect of the designated topic that appeals to them. The authors in this year's genetics symposium, The Genetic Revolution: Conflicts, Challenges and Conundra, are already well known for their work in the field-in fact three of them have just co-authored the only casebook specifically dedicated to the law, policy and ethics of geneticsl-and we deliberately asked them for relatively short pieces on the theory that taken together their articles would …

Review Of Timothy S. Laniak, Shame And Honor In The Book Of Esther, Sidnie White Crawford

Department of Classics and Religious Studies: Faculty Publications

This book, a study of the anthropological categories of “shame” and “honour” in the Book of Esther, represents an excellent new contribution to the field of Esther stud­ies. It is new because, as Laniak observes, the significance of the categories of “hon­our” and “shame” have diminished in the modern west (p. 1), and contemporary readers of the Book of Esther may be unaware of the operation of these categories on the plot and characters of the book. Laniak’s book, a basically unrevised form of his 1997 Harvard Divinity School dissertation, sheds important light on this ne­glected aspect of the Book …

“Married Widowhood”: Maintaining Couplehood When One Spouse Is Living In A Nursing Home, Dawn O. Braithwaite

Department of Communication Studies: Faculty Publications

When a marital partner moves to a nursing home, how do community-dwelling spouses, labeled “married widows,” adapt and cope with changes in the relationship and their own marital roles? The first goal of this study was to explore the role additions and deletions for community-based wives whose husbands moved to a nursing home. The second goal was to examine how these women discursively represent their own self-identity and the relationship they have with their husband who is living in a nursing home. Data were drawn from in-depth, face-to-face interviews with 21 wives whose husbands resided in a nursing home. A …

An Analytical Model For Virtual Topology Reconfiguration In Optical Networks And A Case Study, Xi Yang, Byrav Ramamurthy

School of Computing: Conference and Workshop Papers

An analytical model for Virtual Topology Reconfiguration (VTR) in optical networks is developed. It aims at the optical networks with a circuit-based data plane and an IPlike control plane. By identifying and analyzing the important factors impacting the network performance due to VTR operations on both planes, we can compare the benefits and penalties of different VTR algorithms and policies. The best VTR scenario can be adaptively chosen from a set of such algorithms and policies according to the real-time network situations. For this purpose, a cost model integrating all these factors is created to provide a comparison criterion independent …

Centralized Vs. Distributed Connection Management Schemes Under Different Traffic Patterns In Wavelength-Convertible Optical Networks, Lu Shen, Byrav Ramamurthy

School of Computing: Conference and Workshop Papers

Centralized and Distributed methods are two connection management schemes in wavelength convertible optical networks. In the earlier work, the centralized scheme is said to have lower network blocking probability than the distributed one. Hence, much of the previous work in connection management has focused on the comparison of different algorithms in only distributed scheme or in only centralized scheme. However, we believe that the network blocking probability of these two connection management schemes depends, to a great extent, on the network traffic patterns and reservation times. Our simulation results reveal that the performance improvement (in terms of blocking probability) of …

The Effects Of Item Parceling On Goodness-Of-Fit And Parameter Estimate Bias In Structural Equation Modeling, Deborah L. Bandalos

Department of Educational Psychology: Faculty Publications

Two simulation studies were conducted to investigate the effects of the practice of item parceling. In Study 1, unidimensional sets of normally and nonnormally distributed item-level data were categorized into 2-, 3-, and 4-item parcels. Analyses revealed that the use of item parcels resulted in better fitting solutions, as measured by the root mean squared error of approximation (RMSEA), comparative fit index (CFI), and chi-square test, when items had a unidimensional structure. Parceled solutions also resulted in less bias in estimates of structural parameters under these conditions than did solutions based on the individual items. In Study 2 the issue …

Cultural Aspects Of Drinking Patterns And Alcohol Controls In China, Ian Newman

Department of Educational Psychology: Faculty Publications

Alcohol, 'jiu' in Mandarin, is intimately intertwined in almost every aspect of Chinese culture and has been since earliest times. China's cultural traditions, which have until now minimized the risks associated with alcohol use, will be challenged as China opens to the West There will be a tendency for outsiders to encourage the adoption of Western-style policies to address problems from alcohol abuse. Doing so without careful consideration of the cultural role of alcohol could be counterproductive.

Arctic Ocean Snow Melt Onset Dates Derived From Passive Microwave, A New Data Set, Mark R. Anderson, Sheldon D. Drobot

Department of Earth and Atmospheric Sciences: Faculty Publications

Snow melt onset is defined as the point in time when the appearance of liquid water in the snow pack changes the crystalline structure within the pack. Owing to the associated increase in surface albedo during melt, surface energy absorption increases rapidly after the onset of snow melt. Monitoring interannual variations in snow melt onset is therefore useful for accurately modeling surface conditions, and it is also valuable for validating climate models and detecting climate change. Since microwave emission changes rapidly when liquid water appears in the snow pack, passive microwave remote sensing techniques can monitor melt onset. Passive microwave …

Assessment Of Slip Severity Among Different Age Groups, Thurmon E. Lockhart, Jeffrey C. Woldstad, James L. Smith

Department of Industrial and Management Systems Engineering: Faculty Publications

A laboratory study utilizing new techniques for assessing slip severity was conducted to investigate the process of inadvertent slips and falls among different age groups. Forty-two subjects from three age groups (young adults, middle-aged, and the elderly) walked on a rectangular track at a self-determined pace. Without the subjects’ awareness, a slippery floor surface was placed on the track over a force-measuring platform. The results indicated that elderly adults’ friction demand (RCOF) was not significantly different from the young and middle-aged adults. The older adults, however, fell more often than the other age groups. Fall recovery threshold (FRT) measures indicated …

Asteroseismology Of Rxj 2117+3412, The Hottest Pulsating Pg 1159 Star, G Vauclair, Matt A. Wood

Aerospace, Physics, and Space Science Faculty Publications

The pulsating PG 1159 planetary nebula central star RXJ 2117+3412 has been observed over three successive seasons of a multisite photometric campaign. The asteroseismological analysis of the data, based on the 37 identified ℓ = 1 modes among the 48 independent pulsation frequencies detected in the power spectrum, leads to the derivation of the rotational splitting, the period spacing and the mode trapping cycle and amplitude, from which a number of fundamental parameters can be deduced. The average rotation period is 1.16 ± 0.05 days. The trend for the rotational splitting to decrease with increasing periods is incompatible with a …

Valuing The Arts: A Contingent Valuation Approach, Eric Thompson, Mark Berger, Glenn Blomquist, Steven Allen

College of Business: Faculty Publications

Government funding of the arts has received considerable attention in the United States in recent years. Efforts to cut funding to the National Endowment for the Arts and declining budgets for state arts agencies have raised questions about how much individuals value the arts. This paper applies the contingent valuation method to assess this value, using surveys of random households and of arts patrons. Our analysis estimated a mean willingness to pay (WTP) among all Kentucky households from $6 to $27, depending on the estimation technique used and on whether the scenario discussed is to increase arts performances by 25 …

The Effects Of Using Computer-Assisted Learning To Teach Multiplication, Brian Unruh

Graduate Research Papers

This case study investigated the effects of using computer-assisted learning (CAL) while teaching multiplication facts to 32 third-graders. This quasi-experimental study spanned a six-week period and was analyzed using a variety of qualitative and quantitative techniques. Among these qualitative techniques were participant observation and formal and informal interviews. The quantitative component included document analysis of three separate instruments. This study demonstrated a low correlation between the use of CAL and recall skills. However, students felt comfortable and enthusiastic working with the computer. In addition to the excitement, students felt significantly more confident and successful using the computer. There was evidence …

Play Therapy For Victims Of Abuse In The School Setting, Jennifer J. Turner-Peterson

Graduate Research Papers

As a form of therapy, play enhances the developmentally progressive and adaptive nature of children and adults. Play helps children who have experienced physical, emotional, or sexual abuse display and deal with traumatizing thoughts they may be experiencing. When used correctly, the play therapy process can be an excellent tool in helping children who may be suffering from abuse. This paper will describe how school counselors can effectively employ play therapy in a school setting with children who are victims of abuse. The author of this paper will address components of the play therapy process, play behaviors of abused children, …