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New Mexico Labor Market Review 01-01-2003, New Mexico Department Of Labor

Historic Publications

The New Mexico Labor Market Review is a monthly publication presenting statistical data and analysis on labor market conditions throughout New Mexico. Issues examine statewide and regional trends in employment, unemployment, labor force estimates, industry activity, wages, occupational demand, and related economic conditions, often accompanied by feature articles on topics affecting the state’s economy. This issue covers November 2002.

Multispectral Texture Synthesis, J. Alexander Tyrrell

Theses

Synthesizing texture involves the ordering of pixels in a 2D arrangement so as to display certain known spatial correlations, generally as described by a sample texture. In an abstract sense, these pixels could be gray-scale values, RGB color values, or entire spectral curves. The focus of this work is to develop a practical synthesis framework that maintains this abstract view while synthesizing texture with high spectral dimension, effectively achieving spectral invariance. The principle idea is to use a single monochrome texture synthesis step to capture the spatial information in a multispectral texture. The first step is to use a global …

Unsupervised Skin Lesion Classification And Matching, Paula Yandow-Reilly

Theses

According to the American Cancer Society (ACS), since 1973, the mortality rate for melanoma has increased by 44%. The number of serious skin cancers diagnosed has also more than doubled in that same period. Even though serious skin cancers (melanoma) account for only 4% of skin cancer diagnoses (and skin cancer is the most common cancer) it is responsible for almost all (79%) cancer deaths. The ACS reports about 7,300 people in the United States are expected to die of melanomas in 2002, other sources put the number as high as 7,800. There are about 130,000 cases of melanoma worldwide, …

Investigation And Evaluation Of Foodservice Industry Packaging Formats, Cindy O'Leary-Swinson

Theses

The purpose of this study was to determine the packaging usage of the foodservice industry in today's marketplace. It summarized the foodservice packaging formats in terms of relative volume related to usage, as well as the packaging materials broken down by sector. The opinions of industry professionals toward food packaging formats were evaluated. Two different measurement instruments were used to obtain information. A survey was used to obtain the opinions of foodservice professionals in regards to the different packaging formats, and an audit form was used to inventory the packaging formats within the different segments. It was determined that foodservice …

Analysis Of Hotel Rates In Four Cities: New York City, Chicago, San Francisco, And Atlanta, Hui Ping Chang

Theses

Hotel rate is essential to every traveler, every hotelier, every key person in travel planning for their company, and even the tourism planner for the city. The graduate students from RIT's hotel management program had conducted serial surveys on hotel rates in 100 major cities in US from 1989-1999. This study employed the data that RIT students collected as a foundation. First, four cities were chosen in every region (East, Midwest, West and South). These four cities were New York City, Chicago, San Francisco and Atlanta. Second, other possible factors were added in to evaluation. They are national average hotel …

A Two-Step Approach Bayesian Network Model Selection, Michael John Kane

Theses

It is often desirable to show relationships between unstructured, potentially related data elements, or features, composing a knowledge database (KD). By understanding the interaction between these elements, we may gain insight into the underlying process from which the KD is derived, and as a result, we can often model the process. Bayesian Belief Networks (BBN) in particular, are adept at modeling knowledge databases for two reasons. The first is that BBNs give a structural representation of data elements through a directed acyclic graph (DAG). This ability may make BBNs invaluable in areas such as data mining, where statistical relationships between …

Sound Of Dust Settling: A Response To Criticisms Of The Uma, The, Richard C. Reuben

Journal of Dispute Resolution

Continuing UMA "concerns," therefore, have a certain vestigial or residual character, often reflecting views taken in battles that were fought within the drafting sessions - sometimes fiercely - but which were incapable of producing a majority among the UMA drafters. Professor Brian Shannon's criticisms largely echo these discussions, and in this Article I seek to respond to some of them - after first extending my greatest appreciation to Professor Shannon for his willingness to be the "skunk in the parlor" of this symposium edition by generally aggregating those criticisms." In Part I, I give some of the unpublished history of …

Prohibiting Good Faith Reports Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue

Journal of Dispute Resolution

This symposium article examines a narrow slice of the Uniform Mediation Act - the prohibition on mediator communication to judges about a party's good faith participation or "problem" behavior in mediation.

Centuries Of Contract Common Law Can't Be All Wrong: Why The Uma's Exception To Mediation Confidentiality In Enforcement Proceedings Should Be Embraced And Broadened, Peter Robinson

Journal of Dispute Resolution

The National Conference of Commissioners on Uniform State Laws and House of Delegates of the American Bar Association recently approved the Uniform Mediation Act ("UMA") with an eye toward unifying the law of mediation confidentiality in the United States. Soon, numerous states and other organizations will consider modifying statutes, court rules, or professional standards to conform to the UMA. One of the important aspects of mediation confidentiality is how it applies when enforcing a mediated agreement.' In some jurisdictions, mediation confidentiality interferes with the application of contract law when enforcing a mediated agreement to produce absurd results. This article will …

Chinese Cellular Telecommunications In The Past And The 21st Century, Hao Xu

Theses

Cellular telecommunication technology is one of the hottest topics of the last two decades. The annual rate of user growth is more than 30 percent. It began with the first generation (1G) networks and bloomed with second generation (2G) of cellular technologies. New third generation cellular (3G) technologies aim at offering high-speed, superior-quality information service to mobile subscribers. [2]

The Chinese cellular market is developing with unbelievable speed. China launched its first cellular network in 1987. At the end of 2002, it was the biggest wireless market in the world, with more than 200 million subscribers. [56] Technologies used in …

Best Practices In Implementing Operational Controls Of Iso 14001 Environmental Management Systems Into Small And Medium Businesses, Kuldeep Khalsa

Theses

Studies show that many small and medium businesses (SMBs) that have implemented environmental management systems (EMSs) and got certified to the ISO 14001 Environmental Management Standard experienced obstacles along the way. For SMBs the standards appear unnecessarily bureaucratic, and represent a way of working that fits poorly into their organizational cultures and decision-making structures of small companies. Studies also show that environmental management systems such as ISO 14001 provide a framework for organizations that wish to effectively manage their environmental affairs. Implementing an EMS that conforms to the ISO 14001 standard helps businesses integrate environmental values into their operations.

This …

Optical Properties Of Materials For 157 Nm Lithography, Anatoly Bourov

Theses

A survey of optical properties of sputtered materials in the spectral range of 145 nm to 800 nm has been performed. The optical constants n and k have been measured using ellipsometric techniques. Four combination materials have been created with the properties suitable for application in Attenuated Phase Shift Mask (APSM) manufacturing. The four combination materials have also been characterized, with the results presented.

Corrective Justice In Contract Law: Is There A Case For Punitive Damages?, Curtis Bridgeman

Vanderbilt Law Review

Twentieth-century American legal theory has been dominated by utilitarian and economic approaches. As a result, scholarly analyses of contract and tort law have focused on the public effects of the resolution of private disputes. But in the last twenty years or so justice has undergone a renaissance as so-called corrective-justice theorists have tried to shift the discussion in private law back to the relationships between individual parties. Tort law has been a particularly fertile ground for corrective-justice theorists, and a lively debate has developed about what the best corrective-justice account of tort law would look like.

By contrast, comparatively little …

Avian Population Trends Within The Evolving Agricultural Landscape Of The Eastern And Central United States, Michael T. Murphy

Biology Faculty Publications and Presentations

State-level Breeding Bird Survey (1980-1998) and U.S. Department of Agriculture statistics were used to test the hypothesis that changes in agricultural land use within the eastern and central U.S. have driven population trends of grassland and shrub habitat birds over the past two decades. The degree to which population trends differed between grassland and shrub habitats was evaluated with respect to migratory and nesting behavior. Grassland birds declined significantly between 1980 and 1999, but, on average, shrub habitat species did not. Grassland-breeding, long-distance migrants exhibited the strongest negative trends. Most species (78%; n = 63) exhibited at least one significant …

Hipaa Regulations: A New Era Of Medical-Record Privacy?, George J. Annas

Faculty Scholarship

The new privacy regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) become effective April 14, 2003. This article outlines the implications of the new policy for practicing physicians. The regulations will affect virtually every physician, because they apply to any health care provider who conducts any business electronically, including billing. The regulations require health care providers to provide patients with a privacy notice that informs them who will have access to their records without their explicit consent and about patients' rights to inspect and amend their own records.

Does Punishment For "Culpable Indifference" Simply Punish For "Bad Character"? Examining The Requisite Connection Between Mens Rea And Actus Reus, Kenneth Simons

Faculty Scholarship

The conventional mental state or culpability categories recognized in the criminal law are purpose, knowledge, recklessness, and negligence. Should the law also recognize as an additional category some version of "culpable indifference"? Yes, according to a number of scholars; and some courts have also recognized this category, especially in the context of depraved heart murder. Culpable indifference can describe a modestly culpable mental state, sufficient for manslaughter liability (or, with respect to a circumstance element, roughly equivalent in seriousness to cognitive recklessness). It can also identify a more aggravated form of culpability, sufficient for murder (or, with respect to a …

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Faculty Scholarship

Florida has been the state humorists most like to make fun of since the 2000 presidential election, especially when it comes to politics. And humorists are almost the only commentators who can be counted on to tell us the truth about the state of American politics today. When Californians decided to recall their Governor, for example, Conan O'Brien observed: "Yesterday Arnold Schwarzenegger announced he would run for governor of California. The announcement was good news for Florida residents, who now live in the second-flakiest state in the country."' And when more than 200 people filed to run for Governor, Jay …

Should The Model Penal Code's Mens Rea Provisions Be Amended?, Kenneth Simons

Faculty Scholarship

The Model Penal Code approach to mens rea was a tremendous advance. The MPC carefully defines a limited number of mens rea terms, firmly establishes element analysis in place of offense analysis, and recognizes that the doctrine of mistake is part and parcel of the basic analysis of mens rea.

However, a revised Code could improve the drafting of the mens rea provisions in a number of respects:

* Clarify how to distinguish result, circumstance, and result elements

* Simplify the definitions of knowledge and purpose

* Perhaps eliminate the category of mens rea as to conduct

* Clarify the …

Bargaining In The Shadow Of Copyright Law After Tasini, Maureen A. O'Rourke

Faculty Scholarship

Copyright law often provides the background rules against which bargaining over rights in works of information takes place. By granting creators of works of authorship certain exclusive rights and providing protection against infringement of those rights, copyright law effectively gives authors bargaining chips to use in negotiations with those who would exploit their works in some way. Generally, however, copyright law does not explicitly address imbalances in bargaining power that affect the division of the surplus between the parties to a copyright license. When the would-be exploiter of the copyrighted work wields some degree of market power or brings significant …

Secret Settlements And Practice Restrictions Aid Lawyer Cartels And Cause Other Harms, David A. Dana, Susan P. Koniak

Faculty Scholarship

In this article, the authors argue that the use of secrecy agreements and practice restrictions in settlement contracts should be prohibited not only by the ethics rules, but also by criminal and civil law. The authors begin by discrediting four arguments that are traditionally employed to support the use of secrecy agreements and practice restrictions. They then argue that the use of secrecy agreements and practice restrictions generate substantial costs, but do not secure any legitimate benefits that could not be attained by other, less costly means. The authors also explain how the problems caused by secrecy agreements and practice …

Intimate Affiliation And Democracy: Beyond Marriage?, Linda C. Mcclain

Faculty Scholarship

This article takes up the question: Should family law and policy move beyond marriage? It assesses a spectrum of answers to that question. Rejecting proposals, on the one hand, to shore up traditional marriage, and, on the other, to abolish marriage, it argues that family law and policy should not move wholly beyond marriage, but should support marriage in a way that better fosters greater equality within and among families. The article is part of a symposium on "Marriage, Families, and Democracy," published in 32 Hofstra Law Review 23-421 (2003).

Limits Of The Classic Method: Positive Action In The European Union After The New Equality Directives, Daniela Caruso

Faculty Scholarship

The European Union's member states are currently implementing two new directives, prohibiting discrimination on such grounds as race, ethnicity and religion. Both directives allow for positive action - a European version of affirmative action confined to "soft," non-quota measures arguably reconcilable with the canon of individual equality. Based on time-honored EC provisions on gender discrimination, the European Court of Justice has already scrutinized, and occasionally prohibited as in breach of EC individual rights, states' positive action in favor of women. The Court is now likely to extend the same mode of scrutiny to the forms of discrimination contemplated by the …

Drug Wars In Black And White, Joseph E. Kennedy

Faculty Publications

No abstract provided.

Accounting For Science: The Independence Of Public Research In The New Subterranean Administrative Law,, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Inference Or Impact? Racial Profiling And The Internment's True Legacy, Eric L. Muller

Faculty Publications

No abstract provided.

Monitoring In Event-Based Prospective Memory Tasks, Dale Watkins Cockman

LSU Master's Theses

Event based prospective memory (PM) refers to remembering to perform a particular action upon the presentation of a particular cue in the environment. Until recently, most models of event-based PM performance have suggested that the realization of the target event occurs automatically. The DARC model (Smith, 2000) is among the first to suggest that monitoring is required to notice the target event, in the form of a consistent, non-strategic dedication of resources. The predictions of the DARC model are contrasted with those of Einstein & McDaniel (Noticing + Search, 1996), Goschke & Kuhl (1996), Ellis (1996). The pilot study and …

Old-Fashioned Pregnancy, Newly-Fashioned Paternity, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

This paper explores contemporary American laws on paternity as of the time of the live birth of a child conceived through sexual intercourse. In doing so it necessarily examines the roles of biological ties in all determinations of legal parenthood. It does not speak directly to legal paternity arising from the use of reproductive technology; to legal fatherhood arising long after birth for reasons unrelated to biology; or, to actual fatherhood, which remains unrecognized under law. It does assume that there can be no legal paternity of an unborn child, though there certainly may be prospective legal paternity that prompts …

Participation Of Unwed Biological Fathers In Newborn Adoptions: Achieving Substantive And Procedural Fairness, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

In newborn adoptions in the United States, the participation rights of too many unwed, fit biological fathers are unfairly considered. Some fathers have little or uncertain information about their children prior to or at birth through no fault of their own, yet are denied participation rights. Other fathers have little guidance on the steps necessary under law to prompt an opportunity to participate. Governments do little truly to inform and guide, though the parental opportunity interest involves "one of mankind's most important rights," often accorded federal constitutional protection. As a matter of public policy, American state governments should treat unwed …

Civil Claim Settlement Talks Involving Third Parties And Insurance Company Adjusters: When Should Lawyer Conduct Standards Apply?, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

Operating on behalf of insurance companies, adjusters have long facilitated settlements of civil claims. Adjusters work both before and during lawsuits to help resolve differences between the companies and company insureds, thus engaging in first-party adjusting. Adjusters also facilitate pre-lawsuit and post-lawsuit civil claim settlements between their companies and those harmed by company insureds. Such third-party adjusting and first-party adjusting are quite distinct. They raise different issues regarding the application of professional conduct or civil procedure standards governing lawyers to non-lawyer adjusters. Some important questions about applying lawyer standards to adjusters in third-party settings have been resolved, as in the …

Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii

Scholarly Works

This article appears as part of a Symposium on "Nietzsche and Legal Theory" published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory.

Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism. At …