Digital Commons Network^™

Frederick Douglass And The Gospel Of Zarathustra / By Neil Segars, Neil Segars

Electronic Theses and Dissertations

No abstract provided.

Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul R. Rice

Missouri Law Review

the Article argues in support of Professor Crump's critique of the Supreme Court of the United States's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. and Kumho Tire Co v. Carmichael. Judges are unsuited to the task of evaluating scientific inquiry and should refrain from trying to do so. When evaluating the admissibility of evidence, the courts should use a logical relevance test.

Shifting Baselines, Marine Reserves, And Leopold's Biotic Ethic, James A. Bohnsack

Gulf and Caribbean Research

Different human expectations and environmental ethics are key factors preventing the creation of marine reserve networks. People are skeptical about the benefits of no-take marine reserves because they have adjusted to scarcity and have low expectations about the productive capability of marine ecosystems. Pauly (1995) described this as a shifting baseline in which each generation sets its expectations based on its direct experiences and discounts experiences of previous generations. I show evidence of a declining Caribbean baseline based on Nassau grouper landings from Cuba and the U.S., and review common and often conflicting types of conservation ethics existing in North …

Nucleotide Excision Repair- And Polymerase Eta-Mediated Error-Prone Removal Of Mitomycin C Interstrand Cross-Links, H. Zheng, X. Wang, A. J. Warren, R. J. Legerski, Rodney S. Nairn, Joshua W. Hamilton, Lei Li

Dartmouth Scholarship

Interstrand cross-links (ICLs) make up a unique class of DNA lesions in which both strands of the double helix are covalently joined, precluding strand opening during replication and transcription. The repair of DNA ICLs has become a focus of study since ICLs are recognized as the main cytotoxic lesion inflicted by an array of alkylating compounds used in cancer treatment. As is the case for double-strand breaks, a damage-free homologous copy is essential for the removal of ICLs in an error-free manner. However, recombination-independent mechanisms may exist to remove ICLs in an error-prone fashion. We have developed an in vivo …

An Assessment Of Distance Learning Delivery Methodologies And The Proposal Of An Open Distance Learning Delivery Model For A Third Level Course In Sports Development, Deirdre Kiely

Theses

In the development of a distance learning curriculum the appropriate choice of media, in terms of both presentation of course materials, and of the approach to providing tutorial and other support, is a key question that needs to be addressed at the outset. However, very few studies provide guidelines for distance learning facilitators to help them in choosing these delivery methods. This study aimed to propose an Open Distance Learning (ODL) delivery model for a third level course in Sports Development and in doing so identifies a number of criteria which may be used by institutes when deciding on their …

Deception In Morality And Law, Larry Alexander, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

American Shame : The Psychodynamics Of Willa Cather's The Song Of The Lark, Stephen Monroe

Electronic Theses and Dissertations

No abstract provided.

Looking Inside : Autobiographical Reflections Of Five Mississippians, Anne M. Mueller

Electronic Theses and Dissertations

No abstract provided.

Adam, Eve, And Emma: On Criminal Responsibility And Moral Wisdom, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Peer Dialogue: The How And What Of Appropriate Validation Under Daubert: Reconsidering The Treatment Of Einstein And Freud, Edward J. Imwinkelried

Missouri Law Review

In its landmark decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., the Supreme Court announced that the trial judge must play a gatekeeping or screening role in deciding whether proffered expert testimony constitutes sufficiently reliable “scientific . . . knowledge” to qualify for admission under Federal Rule of Evidence 702. The Court declared that the proponent of the testimony must lay a foundation establishing “appropriate validation” for the expert’s underlying theory or technique. In order to intelligently assess the adequacy of a validation foundation, the trial judge must address two questions: what must be validated, and how should it be …

Trouble With Daubert-Kumho: Reconsidering The Supreme Court's Philosophy Of Science, The, David Crump

Missouri Law Review

This Article begins with a brief exploration of the philosophy of science that is laid out in the Daubert, Joiner, and Kumho cases. It then proceeds to examine the question, “what is science”? A related section considers the disadvantages and ironic results of the Daubert-Kumho definition of science. Next, the Article considers the characteristics of a good scientific theory or model. It compares the resulting criteria to those set out in Daubert and its progeny and shows how the Supreme Court’s philosophy can produce dubious consequences. A final section sets out the conclusions, which include the possibility that the Supreme …

The Effectiveness Of Internet Support To Increase Student's Grades In An Introductory Human Anatomy And Physiology Laboratory, Shawngela F. Pierce

OTS Master's Level Projects & Papers

The following hypothesis was used in this study: 1. The use of the internet will increase the grades of students in an introductory human anatomy and physiology laboratory course.

Jsb Composability And Web Services Interoperability Via Extensible Modeling & Simulation Framework (Xmsf), Model Driven Architecture (Mda), Component Repositories, And Web-Based Visualization, Don Brutzman, Andreas Tolk

Computational Modeling & Simulation Engineering Faculty Publications

"Study Report prepared for the U. S. Air Force, Joint Synthetic Battlespace Analysis of Technical Approaches (ATA) Studies & Prototyping"

Overview: This paper summarizes research work conducted by organizations concerned with interoperable distributed information technology (IT) applications, in particular the Naval Postgraduate School (NPS) and Old Dominion University (ODU). Although the application focus is distributed modeling & simulation (M&S) the results and findings are in general easily applicable to other distributed concepts as well, in particular the support of operations by M&S applications, such as distributed mission operations. The core idea of this work is to show the necessity of …

Utah County V. George S. Alexanderson And Charles H. Martin : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Holladay City Council V. Mayor Dennis P. Larkin : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A DECISION OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE L. A. DEVER, DISTRICT JUDGE

Pa Ovidweb Reminders, Jonathan Eldredge

Foundations of Research Methodologies

No abstract provided.

Fuzzy Cognitive Maps And Neutrosophic Cognitive Maps, W. B. Vasantha Kandasamy, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

As extension of Fuzzy Cognitive Maps are now introduced the Neutrosophic Cognitive Maps

"How Many Lesbians Does It Take To Screw In A Light Bulb?", Janet M. Bing, Dana Heller

English Faculty Publications

This paper explores how humor reveals shared aspects of a culture of lesbian communities in the US. For lesbians, jokes and other forms of humor are an active, narrative means of self-construction and community imagining that help lesbians negotiate their positions both inside and outside mainstream culture. Whether consciously or unconsciously, much of lesbian humor challenges the dominant culture by rejecting its definitions of and presuppositions about lesbians, and by making lesbian experience central to its understanding of normalcy. Whereas the term "lesbian joke" usually activates a sex frame for the dominant culture, much humor created by and for lesbians …

Holy Fools, Secular Saints, And Illiterate Saviors In American Literature And Popular Culture, Dana Heller

English Faculty Publications

In her article, "Holy Fools, Secular Saints, and Illiterate Saviors in American Literature and Popular Culture," Dana Heller identifies and analyzes characteristics of the holy fool figure in American literature and culture. Heller defines the holy fool, or divine idiot, as a figure central to U.S. myths of nation. One encounters such figures in American literature as well as in American folklore, popular culture, and mass media. In American culture, the Divine Idiot is a hybrid form which grows out of the crossings of numerous literary and historical currents, both secular and non-secular. This unwieldy hybridity -- the fact that …

Hydrodynamic Stability Of Swimming In Ostraciid Fishes: Role Of The Carapace In The Smooth Trunkfish Lactophrys Triqueter (Teleostei : Ostraciidae), Ian K. Bartol, Morteza Gharib, Daniel Weihs, Paul W. Webb, Jay R. Hove, Malcolm S. Gordon

Biological Sciences Faculty Publications

The hydrodynamic bases for the stability of locomotory motions in fishes are poorly understood, even for those fishes, such as the rigid-bodied smooth trunkfish Lactophrys triqueter, that exhibit unusually small amplitude recoil movements during rectilinear swimming. We have studied the role played by the bony carapace of the smooth trunkfish in generating trimming forces that self-correct for instabilities. The flow patterns, forces and moments on and around anatomically exact, smooth trunkfish models positioned at both pitching and yawing angles of attack were investigated using three methods: digital particle image velocimetry (DPIV), pressure distribution measurements, and force balance measurements. Models …

Stepping Through The Metaphor| Literary Animism In Barry Lopez's Short Fiction, Travis Dakota Burdick

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Structural Analysis Of Dimerization-Competent Conformational Variants Within The 5'-Untranslated Region Of Human Immunodeficiency Virus Type-2 Genomic Rna, John D. Ivanovitch

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Effects Of Vegetation Cover, Mowing, And Soil Temperature On Development And Survival Of The Two Root-Feeding Biological Control Insects Of Spotted Knapweed, Cynthia L. Snyder

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Utahns For Better Dental Health - Davis, Inc., A Utah Nonprofit Corporation, Plaintiff And Appellant, Vs. Davis County Commission, Commissioner Dan R. Mcconkie, Commissioner Carol R. Page, Commissioner Michael J. Cragun; Davis County Clerk, Steve S. Rawlings, Defendants And Appellees: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

UTAHNS FOR BETTER DENTAL HEALTH - DAVIS, INC., a Utah Nonprofit Corporation, Plaintiff and Appellant, vs. DAVIS COUNTY COMMISSION, Commissioner Dan R. McConkie, Commissioner Carol R. Page, Commissioner Michael J. Cragun; DAVIS COUNTY CLERK, Steve S. Rawlings, Defendants and Appellees

Case No. 20030940-CA District Court Case No. 020801343

The State Of Utah V. Tonya Althoff : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A JUDGMENT AND CONVICTION OF POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37-8(l)(A)(III) (Supp. 2003); POSSESSION OF DRUG PARAPHERNALIA, A CLASS B MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. § 58-37A-5(l) (2002); DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, A CLASS B MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN. § 41-6-44.6 (Supp. 2003); DRIVING ON A SUSPENDED OR REVOKED OPERATOR'S LICENSE, A CLASS B MISDEMEANOR, IN VIOLATION OF UTAH CODE ANN § 53-3-227(1) (1998); AND FAILURE OF A NEW OWNER TO SECURE A NEW …

Ray Okelberry, Appellee, Cross-Appellant Vs. West Daniels Land Association, Appellant, Cross-Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

RAYOKELBERRY, Appellee/Cross-Appellant, vs. WEST DANIELS LAND ASSOCIATION, Appellant/Cross-Appellee. Case No. 20030389-CA APPELLEE/CROSS-APPELLANT'S BRIEF APPEAL FROM THE RULING OF THE FOURTH DISTRICT COURT, WASATCH COUNTY, HONORABLE DONALD J. EYRE.

Laurie L. Barnett V. Gilbert Freedman : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM ALL FINAL ORDERS OF THE FOURTH JUDICIAL DISTRICT IN AND FOR UTAH COUNTY, STATE OF UTAH PROVO DEPARTMENT JUDGE STEVEN L. HANSEN

Utah Statetax Commission And Bradley And Jillian Scott V. Board Of Equalization Of Summit County, Utah: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A DECISION OF THE UTAH STATE TAX COMMISSION

Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber

Richmond Journal of Law and the Public Interest

In this article, I propose a way of reading the text that has both interpretive and philosophical merits. It is a more straightforward and literal reading of the text, requiring less interpolation than alternative readings. It also attributes to Aristotle a theory of moral responsibility which is, if not correct, at least as worthy of attention as many of the contemporary theories under debate. My own view is that the objections raised miss their target not because they fail to voice legitimate concerns about an adequate theory of moral responsibility, but because what Aristotle offers in the text in question …

Uso De La Tierra En La Zona De Influencia De La Provincia Del Purus, David S. Salisbury, Chris Fagan

Geography and the Environment Faculty Publications

El objetivo preliminar de este estudio fue determinar las características del uso de tierra de cinco comunidades indígenas representadas por cuatro grupos culturales dentro de la zona de influencia nordeste. Un segundo objetivo fue el de averiguar cómo y en qué grado las fuerzas económicas y culturales están influenciando las decisiones con respecto al uso de la tierra. Los resultados de este estudio son preliminares, pero esperamos que la información sea de alguna utilidad para los administradores de esta área protegida.