Digital Commons Network^™

Two Wrongs Don't Make A Right: Medicaid, Section 1983 And The Cost Of An Enforceable Right To Health Care, Mark A. Ison

Vanderbilt Law Review

More than a trillion dollars annually is spent on the health care system .... Despite increases in medical care spending that are greater than the rate of inflation, population growth, and Gross Domestic Product growth, there has not been a commensurate improvement in our health status as a nation .... Despite our Nation's wealth, the health care system does not provide coverage to all Americans who want it. These words capture both the essence of America's public health care dilemma and the frustration felt by many of the lawmakers charged with the duty to solve it. The battle to lower …

Canada’S New Role In North American Energy Security, Shawn Smallman

International & Global Studies Faculty Publications and Presentations

Energy analysts have given renewed attention to Canada's position in the North American energy market since the September 11th attacks, because of fear that conflict might interrupt the flow of oil from the Middle East. There are currently $30 billion (U.S.) in projects to develop the Alberta oil sands, in addition to new petroleum projects in Newfoundland, and major natural gas finds off the Atlantic coast. While Canada is already the single major oil exporter to the United States (ahead of both Saudi Arabia and Venezuela), its production could double by 2010. Canada’s rapidly increasing energy production has major implications …

Abusing A Limitless Power: Executive Clemency In Illinois, Joseph N. Rupcich

Southern Illinois University Law Journal

No abstract provided.

What Is Wrong With The Homogeneous Unit Principle?: The Hup In The 21st Century Church, Skip Bell

Journal of the American Society for Church Growth

If you find the homogeneous unit principle to be controversial, credit Donald McGavran, who launched the church growth movement with his important work, Understanding Church Growth, first published in 1970. McGavran describes this principle: “Men like to become Christians without crossing racial, linguistic, or class barriers.” What exactly did McGavran and other key church growth researchers mean by this principle?

Sarah Coakley, Powers And Submissions, Patricia Altenbernd Johnson

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

To Catch A Heretic: Augustine On Lying, William E. Mann

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Augustine's Griefs, Paul Helm

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Of Property And Antiproperty, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

Private property is widely perceived as a potent prodevelopment and anticonservationist force. The drive to accumulate wealth through private property rights is thought to encourage environmentally destructive development; legal protection of such property rights is believed to thwart environmentally friendly public measures. Indeed, property rights advocates and environmentalists are generally described as irreconcilable foes. This presumed clash often leads environmentalists to urge public acquisition of private lands. Interestingly, less attention is paid to the possibility that the government may prove no better a conservator than private owners. Government actors often mismanage conservation properties, collaborating with private developers to dispose of …

The Indulgence Of Reasonable Presumptions: Federal Court Contractual Civil Jury Trial Waivers, Joel Andersen

Michigan Law Review

Large institutions such as banks, franchisers, international companies, and lessors distrust juries' ability to properly resolve disputes and award reasonable damages. As a result, these and other actors have attempted to limit juries' potential influence on the contracts to which they are parties. They have done so through contractual jury trial waiver clauses in these agreements. The Seventh Amendment to the Constitution guarantees the jury trial right. Whether the right is determined to exist in an individual instance is a matter of federal common law, which merely preserves the jury trial right as it existed when the Amendment was adopted …

Focal Spot, Fall/Winter 2003/2004

Focal Spot All Issues

No abstract provided.

Suem - Spitz's Ultimate Equitable Maxim: In Equity, Good Guys Should Win And Bad Guys Should Lose, Roger Young, Stephen Spitz

South Carolina Law Review

No abstract provided.

Anthropometric And Physiological Responses To Prolonged Open Water Rowing: A Case Study, Dan A. Gordon

Journal of Human Performance in Extreme Environments

The objective of the study was to examine the anthropometric and physiological responses to a prolonged period of open water rowing 4950 km. A single male (novice) rower underwent assessment of anthropometric variables, pre- and post-race, for the assessment of mass (kg), girths of selected regions, skinfold thickness and regional muscularity. The results showed that following 61 days of continual rowing there was a decrease in the participant's mass by 11.7%, sum of skinfolds decreased by 19.5 cm and regional muscularity decreased by 11.1 %. The data would suggest that the participant exhibited symptoms of muscle atrophy and energy deficit. …

The Impact Of Simulated Digital Data Radio Communication Induced Interference On Voice Radio Communication Intelligibility, Daniela Kratchounova

Journal of Human Performance in Extreme Environments

Testing to date indicates there is a significant potential for adverse interference from the digital system to the analog system, especially for General Aviation (GA) aircraft. This type of interference can be described as short, random bursts of noise capable of completely obliterating parts of the voice communication. The subsequent degrading effects on voice radio communication could jeopardize flight safety. To address this issue, the goal of the present study was to examine the degree to which such noise impacts voice radio communication intelligibility. Intelligibility was assessed employing a classic, well-established psycho-acoustic method, which uses human beings, rather than electronic …

Assessment Of Real Data And Theoretical Issues In Extreme Aviation Environments, Peter I. Terrence, Richard D. Gilson, Peter A. Hancock

Journal of Human Performance in Extreme Environments

We investigated performance in extreme aviation situations using data recorded from actual in-flight emergencies that resulted in an accident. Response times to such sounds as alarms, auditory cues, and critical verbal statements were extracted from cockpit voice recorder (CYR) transcripts. Preliminary screening identified 14 CYR transcripts which permitted response time evaluation. Results from these selections showed crewmember response times ranging from 1 second to 41 seconds, with a mean and standard deviation of 9.57 s and 10.56 s, respectively. Despite the evident problems of sample size resulting in a positively skewed distribution and the limitations on the inferences drawn from …

Supporting Decision-Making In The Battlefield: Utility Of Multimedia Information Transmission, Sandro Scielzo, Adams Greenwood-Ericksen

Journal of Human Performance in Extreme Environments

In the theatre of war, environmental and workload factors (e.g., noise, time pressure) may dramatically overburden operator's cognitive processes. Well designed multimedia technology can successfully minimize both intrinsic (working memory capacity) and extrinsic (inefficient use of information) sources of cognitive load, thereby facilitating the decision-making process. These positive mediating effects of multimedia technology can occur during three distinct phases of human information processing: 1) during sensorial information acquisition, by filtering out unnecessary environmental noise and transferring information via context-dependent modalities; 2) during decision-making, by making critical task-relevant cues more salient; and 3) following response execution, by providing necessary feedback to …

Human Error: The Principal Cause Of Skydiving Fatalities, Christian L. Hart, James D. Griffith

Journal of Human Performance in Extreme Environments

Between 1993 and 2001, 308 people died while participating in civilian recreational skydives in the United States. Using a database generated by the United States Parachute Association, the authors of the present study conducted an analysis to determine the proportion of fatalities that were due to human error. The results of the analysis indicated that human error was the principal cause in 86% of the cases. Methods for reducing human error fatalities are suggested.

Ancient Egyptian Religion On The Silver Screen: Modern Anxieties About Race, Ethnicity, And Religion, Caroline T. Schroeder

Journal of Religion & Film

This essay examines the depiction of religion, race, and ethnicity in four films: The Mummy, Stargate, The Ten Commandments, and Prince of Egypt. Each film - explicitly or implicitly, deliberately or not - uses ancient Egyptian religion as a foil to dramatize American concerns about race and ethnicity. The foil is the mysterious, and often false, religiosity of an often Orientalized religious and ethnic "other."

Success Outcome Markers In Extension (Some): Evaluating The Effects Of Transformational Learning Programs, S Kay Rockwell, Ladeane Jha, Eileen Krumbach

Journal of Extension

Success outcome markers (SOMs), and the process of creating them, offer Extension a new approach to plan, monitor, and evaluate programs. Generating success outcome markers helps to carefully determine all partners (including beneficiaries) who may need to change to accomplish program goals and identifies steps to continuously track incremental successes. Hard-to-measure human behaviors become more concrete when success outcome markers are listed. To successfully use SOMs, one must (a) create a vivid and compelling vision, (b) list your WHOs, (c) write an outcome challenge for each WHO, and (d) determine SOMs. Then decide how to monitor and report on each …

Ethj Vol-41 No-2

East Texas Historical Journal

No abstract provided.

"Someone Get The Governor An Aspirin": Ross Sterling And Martial Law In East Texas, Page S. Foshee

East Texas Historical Journal

No abstract provided.

Book Reviews

East Texas Historical Journal

No abstract provided.

Against Same-Sex Marriage, Gerard V. Bradley

Journal Articles

The question of the day is, Why should the law limit marriage to heterosexual couples? That is the question posed by the coming debate over the FMA.

No answer fits neatly into our cultural practices. Marriage is already in a very confused state. The way that many married couples live is, in fact scarcely distinguishable from the way some homosexual partners do. Where marriage means to so many heterosexuals: share a bed, share a checkbook and maybe, some day, share parental duties, why exactly is it that two men may not marry? Saying that two men cannot marry appears, from …

A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns

William & Mary Law Review

While the Commerce Clause neither mentions federal courts nor expressly prohibits the exercise of state regulatory powers that might operate concurrently with Congressional commerce powers, the Supreme Court has long used the dormant Commerce Clause doctrine to limit the power of states to regulate across a diverse array of subject areas in the absence of federal legislation. Commentators have criticized the Court less for creating the doctrine than for applying it in a seemingly inconsistent, or even haphazard way. Past commentators have recognized that a game theoretical model, the prisoners' dilemma, can explain the role of the dormant Commerce Clause …

Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

Toy Models For The Falling Chimney, Gabriele U. Varieschi, Kaoru Kamiya

Physics Faculty Works

In this paper we review the theory of the ‘‘falling chimney,’’ which deals with the breaking in mid-air of tall structures when they fall to the ground. We show that these ruptures can be caused by either shear forces typically developing near the base, or by the bending of the structure which is caused primarily by the internal bending moment. In the latter case the breaking is more likely to occur between one-third and one-half of the height of the chimney. Small scale toy models are used to reproduce the dynamics of the falling chimney. By examining photos taken during …

Teaching English To Immigrant Students In The United States: A Brief Summary Of Programs And Methods, Francisco Ramos

School of Education Faculty Works

No abstract provided.

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson

William & Mary Law Review

No abstract provided.

Police Response To Domestic Violence: Does Officer Gender Make A Difference?, Amy Leighann Whitmore

Sociology & Criminal Justice Theses & Dissertations

With domestic violence an increasing problem within the United States, police response to domestic violence has emerged as an important issue in its prevention and treatment. Recent research on police response to domestic violence has yielded conflicting results, with some studies showing that officer gender affects responses. The purpose of this study was to examine the effect that officer gender has on both formal and informal police responses to domestic violence. Incident reports were collected from a police agency to examine responses to domestic violence.

Results indicated that officer gender does have a significant effect upon both formal and informal …

Adaptive Parallel Framework Algorithm (Apfa) For Environmental Engineering Applications, Lianghua Zhou

Civil & Environmental Engineering Theses & Dissertations

This research proposes a new framework methodology for integrating environmental computer applications in flexible, open and adaptively and reusable manners so that the resulting application framework could be used to effectively, flexibly and rapidly handle various environmental problems and issues. Research also demonstrates the framework algorithm with a case study. The proposed algorithm is referred as Adaptive Parallel Framework Algorithm (APF A). Core concept of the APF A is based on a parallelism, "many-to-one" mode to communicate among environmental applications, and takes advantages of a loosely coupled technology that helps archiving the required flexibility, extensibility and usability of integrated systems. …

The Effects Of A Modified Gantt Chart Depicting Schedule Risk, Joseph Allen Hope

Computational Modeling & Simulation Engineering Theses & Dissertations

The tools and methodologies used to manage projects continue to evolve. A popular project management tool for monitoring a project's schedule is the Gantt chart. The Gantt chart provides information about projected start and end times for each task of a project. A critical limitation of the Gantt chart, however, is its inability to depict uncertainty surrounding the project schedule, or project schedule risk. The present study investigated the effectiveness of three alternative formats for depicting schedule risk. The three presentation formats used were a table, a table with a traditional Gantt chart, and a table and a modified Gantt …