Digital Commons Network^™

Robust Public Debate: Realizing Free Speech In Workplace Representation Elections, Kate Andrias

Faculty Scholarship

The First Amendment stands as a guarantor of political freedom and as the “guardian of our democracy.” It seeks to expand the vitality of public discourse in order to enable Americans to become aware of the issues before them and to pursue their ends fully and freely. As the Supreme Court wrote in the canonical case of New York Times Co. v . Sullivan, the First Amendment’s function is to create the “uninhibited, robust and wide-open” public debate necessary for the exercise of self-governance.

The Amendment plays a prominent role in the regulation of workplace representation elections, the process …

Screening Versus Plea Bargaining: Exactly What Are We Trading Off?, Gerard E. Lynch

Faculty Scholarship

I was delighted to be invited to comment on Ronald Wright and Marc Miller's important and instructive article, The Screening/Bargaining Tradeoff. Those familiar with the authors' work, including their original and fascinating criminal procedure casebook, will be unsurprised by many of the article's virtues, including a focus on empirical examination of real-world practice and (perhaps a special case of that more general virtue) attention to practices at the state and local level, where most criminal law enforcement actually occurs. Wright and Miller develop some interesting insights into the potential for changes in plea bargaining practices that have frequently been …

The Concept Of Authorship In Comparative Copyright Law, Jane C. Ginsburg

Faculty Scholarship

In contemporary debates over copyright, the figure of the author is too-often absent. As a result, these discussions tend to lose sight of copyright's role in fostering creativity. I believe that refocussing discussion on authors – the constitutional subjects of copyright – should restore a proper perspective on copyright law, as a system designed to advance the public goal of expanding knowledge, by means of stimulating the efforts and imaginations of private creative actors. Copyright cannot be understood merely as a grudgingly tolerated way station on the road to the public domain. Nor does a view of copyright as a …

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt

Faculty Scholarship

The turn of the twentieth century marked a new era of individualization in the field of criminal law. Drawing on the new science of positivist criminology, legal scholars called for diagnosis of the causes of delinquence and for imposition of individualized courses of remedial treatment specifically adapted to these individual diagnoses. "[M]odern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machine-like, but must be adapted to the causes, and to the man as affected by those causes," leading criminal law scholars declared. "Thus the great truth of the present and the future, for criminal science, is …

From The Ne'er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard Harcourt

Faculty Scholarship

Criminal law in the United States experienced radical change during the course of the twentieth century. The dawn of the century ushered in an era of individualization of punishment. Drawing on the new science of positive criminology, legal scholars called for diagnosis of the causes of delinquency and for imposition of individualized courses of remedial treatment specifically adapted to these diagnoses. States gradually developed indeterminate sentencing schemes that gave corrections administrators and parole boards wide discretion over treatment and release decisions, and by 1970 every state in the country and the federal government had adopted a system of indeterminate sentencing. …

Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz

Faculty Scholarship

In 1970, when the National Environmental Policy Act (NEPA) was enacted, the new and exciting information management technologies were the handheld four-function calculator and the eight-track tape cassette. Three decades later, after the personal computer, the digital revolution, and the World Wide Web, the implementation of NEPA is still stuck in the world of 1970. Other aspects of the bureaucracy have seen reform-the E-Government Strategy, an E-Government Act, the creation of a new Office of Electronic Government within the Office of Management and Budget (OMB), and, to focus on the environmental arena, the breathtaking success of the web-based Toxic Release …

Summary Of Meyer V. State, 119 Nev. Adv. Rep. 61, Timothy W. Roehrs

Nevada Supreme Court Summaries

“The right to trial by jury, if it is to mean anything, must mean the right to a fair and impartial jury. A litigant is therefore entitled to a jury composed of 12 impartial jurors; …a party has the right to have that decision, whether for or against him, based on the honest deliberations of 12 such individuals.”2 The legitimacy of our justice system hinges on the fact that the results of trials, as dictated by a jury of one’s peers, remain free from the taint of extrinsic evidence and are grounded solely on the evidence presented by the parties …

Identification Of Salmonella Isolated From Freshwater Mussels (Unio Elongatulus Eucirrus Bourguignat, 1860) By Polymerase Chain Reaction, Engi̇n Şeker, Mustafa Sarieyyüpoğlu, Burhan Çeti̇nkaya

Turkish Journal of Veterinary & Animal Sciences

In this study, 627 live freshwater mussels collected from the Koçkale and Pertek regions of Keban Dam Lake were examined for the presence of Salmonella spp. Homogenates prepared from the soft tissue of mussels, after pre-enrichment in Rappaport Vasilliadis, were inoculated onto Brilliant Green Phenol Red Lactose agar and Salmonella-Shigella selective media. Biochemical tests and DNA extraction were carried out on isolates suspected of containing Salmonella. From 19 (4.8%) out of 397 mussels collected in the Koçkale region, Salmonella spp. were isolated and identified, but the agent could not be detected in mussels obtained from the Pertek region. DNA extracted …

Maintain Hydraulic Control Using Deep Rooted Tree Systems, A. Ferro, M. Gefell, Roger Kjelgren, D. S. Lipson, N. Zollinger, S. Jackson

Plants, Soils, and Climate Faculty Publications

Groundwater phytotechnology systems are currently being used to control the migration of contaminant plumes and remove groundwater that flows into containment areas. Trees in such systems function by reducing recharge and using groundwater via transpiration. A stand of deep-rooted trees can act as a biological "pump", removing a substantial amount of water from the saturated zone. Depth to groundwater compared to rooting depth is an important consideration Many useful tree species are not naturally deep-rooted, but various cultural practices can produce trees with roots that are deep enough to tap into the water table. Hydraulic control can be calculated or …

Internal Corporate Investigations: Legal Ethics, Professionalism And The Employee Interview, Sarah Helene Duggin

Scholarly Articles

This article addresses key ethical issues pertaining to the conduct of employee interviews in the course of internal corporate investigations. The discussion focuses on business corporations, but it is equally applicable to other for-profit and not-for-profit organizations." Part II provides background information on developments in organizational criminal liability over the past two decades, the importance of the United States Sentencing Commission's Organizational Sentencing Guidelines, and the concomitant emergence of the internal investigation as an integral part of modern corporate legal practice. Part III examines law enforcement authorities' growing insistence on corporate "cooperation" as a prerequisite to participation in voluntary disclosure …

Photography In The Mix: Flora-Fauna-Photo, Dore Bowen

Faculty Publications

The article examines the SF Camerawork exhibition Agitate: Negotiating the Photographic Process, which was co-curated by the author.

The Tower Clock 2003, Tower Clock

Tower Clock Yearbooks

No abstract provided.

Beyond The Black Heart: The United States And Human Rights, Daniel J. Whelan

Human Rights & Human Welfare

A review of:

The United States and Human Rights: Looking Inward and Outward edited by David P. Forsythe. Lincoln: University of Nebraska Press, 2000. 404pp.

In Our Own Best Interest: How Defending Human Rights Benefits Us All by William F. Shultz. Boston: Beacon Press, 2001. 235pp.

In the National Interest, 2001: Human Rights Policies for the Bush Administration by the Lawyers Committee for Human Rights. New York: Lawyers Committee for Human Rights, 2001. 157pp.

Economies Of Scale In The Library World: The Dr Martin Luther King Jr Library In San Jose, California, Paul Kauppila, Sharon Russell

Faculty and Staff Publications

Discusses the new Dr Martin Luther King Jr Library in San Jose´, California, which will house the collections of the San Jose´ Public Library’s main branch and the San Jose´ State University’s Library system in one new building. Outlines the conception of the project, the site selection and the planning process. Considers the communities served, usage patterns and services. Focuses on the management structure and operations in light of a, perhaps controversial, aspect of mixing city and university library staff under the same roof, some performing similar functions, but with different supervisors and employing agencies. Discusses the new library in …

A Multi-Platform Application Suite For Enhancing South Asian Language Pedagogy, Tao Bai, Christopher K. Chung, Konstantin Läufer, Daisy Rockwell, George K. Thiruvathukal

Computer Science: Faculty Publications and Other Works

This interdisciplinary project explores the potential for handheld/wireless (H/W) technology in the context of language education within and beyond the classroom. Specifically, we have designed and implemented a suite of multi-platform (desktop/laptop, handheld, and browser) applications to enhance the teaching of South Asian languages such as Hindi-Urdu. Such languages are very difficult to learn, let alone write, and H/W devices (with their handwriting/drawing capabilities) can play a significant role in overcoming the learning curve. The initial application suite includes a character/word tracer, a word splitter/joiner, a smart flashcard with audio, contextual augmented stories for reading comprehension, and a poetic metronome. …

Spousal Abuse: Vietnamese Children’S Reports Of Parental Violence, Yoko Baba, Susan B. Murray

Faculty Publications, Sociology

This exploratory study used mailed questionnaires completed by 131 Vietnamese students to examine domestic violence patterns in parents' marital relationships. Research objectives included: (1) gaining an understanding of spousal abuse among Vietnamese couples; and (2) assessing which variables (demographic characteristics, decision-making power, and cultural adaptation, beliefs in traditional gender roles, and conflicts in the family) are correlated with spousal abuse. Findings suggest that although both parents used reasoning, mental abuse and physical abuse in their marital relationships, Vietnamese fathers were more likely to be physically abusive than mothers. Additional variables associated with family conflicts are also examined. Research implications and …

Mosquitoes, West Nile Virus, Attractants, Competition, Environmental Conditions, And Insecticide Resistance, Alan Bradley Wells

College of Graduate Studies: Theses & Dissertations (1964–2006)

The six main objectives of this project were: 1) test for levels of West Nile Virus in mosquitoes collected at a Fulton County Recreational Facility, 2) assay various mosquito oviposition attractants on West Nile virus positive female mosquitoes, 3) test effects of distance between mosquito infusion attractants, 4) determine effects of study site location, treatment, and competition distances on mosquito collections, 5) test for any correlation between environmental factors and mosquito abundance, and 6) measure levels of enzymatic insecticide resistance present in species of female mosquitoes that tested positive for the presence of West Nile Virus. Ofthe two species that …

Novel Techniques For Investigating The Permeation Properties Of Environmentally-Friendly Paper Coatings: The Influence Of Structural Anisotropy On Fluid Permeation In Porous Media, Paul Bodurtha

School of Geography, Earth and Environmental Sciences Theses

In this study, we have investigated the effects of structural anisotropy of porous media on the permeation of fluids. The motivation for the work was an increased understanding of the permeation of inks into paper coatings, which often contain platey or needle-like particles, which have been aligned during the coating process. However, the findings are also relevant to other systems, such as the sub-terranean migration of fluids, including pollutants, within shale that contains particles of high aspect ratio. Mineral pigments, comprising mainly of calcium carbonate or clay, are often are applied to the surface of paper to improve optical and …

Highly Branched Isoprenoid Alkenes From Diatoms: A Biosynthetic And Life Cycle Investigation, Guillaume Gabriel Masse

School of Geography, Earth and Environmental Sciences Theses

In addition to the production of phytol (from chlorophylls) and sterols, a limited number of diatom species are capable of synthesising unusual C25 and C30 highly branched isoprenoid (HBl) alkenes. At the outset of the current investigation, the structures of most C25 and C30 HBIs had been identified. Some environmental factors had been shown to control their production, although a detailed understanding of these remained unclear. In addition, the biological functions of the chemicals remained unknown, and the reasons for their production by some species and not by others, was not understood. Investigations on the distributions of C25 and C30 …

Sandy Tin Tailings In Malaysia: Characterization And Rehabilitation, David Stuart Tompkins

School of Geography, Earth and Environmental Sciences Theses

Cassiterite extraction in West Malaysia has left a legacy of some 80,000 hectares of nutrient-poor, drought-prone, quartz sandy tailings. Their proximity to urban centres has long made them a target for agricultural and forestry enterprises, and various techniques have been developed to overcome their intractability, including amendment with bulky organic matter and replacement with natural soils. Although reasonably successful, these approaches have often failed to acknowledge that a percentage of the original heavy mineral suite remains in sandy tailings, exerting possible phytotoxic effects and certainly raising concerns about the suitability of sandy tailings for agronomic crop production. To determine the …

Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes

All Faculty Scholarship

Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how the …

An Evaluation Of Pumice, Unloaded Clinoptilolite And Nutrient-Loaded Clinoptilolite Zeolites, As Plant Growth Substrates In The Intensive Production Of Long Season Glasshouse Crops, Paul Francis Challinor

Other Faculty of Science and Engineering Theses

Annual losseso f nitrogen from existing glasshousec rop production substrates ystemsc ould be as high as 600 kg ha 1, using an average of 30% drainwater containing a nitrate-nitrogen concentration of 200 mg 1". The use of nutrient recirculation systems such as nutrient film technique (NFT) helped to reduce nutrient losses to the environment but the commercial area of NFT has decreasedd ue to high initial capital costs, concernso ver diseaset ransmissionw ithin the system and an absence of recent research and development. Most substrate systems rely on the provision of liquid nutrient feeds at every watering. This study examines …

Diagonal And Off-Diagonal Magneto-Impedance In Ferromagnetic Microwires And Thin Films, Dmitriy Makhnovskiy

Other Faculty of Science and Engineering Theses

The discovery of the giant magneto-impedance (GMI) effect in 1994 had a strong impact on the development of micro magnetic sensors. In certain soft magnetic materials, such as composites of amorphous thin wires, the magneto-impedance change (MI ratio) is in the range of 50-100% in the MHz frequency band for external magnetic fields of few Oe. Special thin-film structures have been proposed to provide the MI effect in miniature elements. In the present work, the concept of the magneto-impedance matrix has been elaborated, which enables the explanation of variety of MI field characteristics in wires and films from the common …

An Analysis Of The Role Of The Baltic States Ports In The Trans Siberian Railway Market, Anastasia Liliopoulou

Other Faculty of Arts, Humanities and Business Theses

Almost all the people involved in the shipping industry have come in touch from time to time with what is known as container transit. Some of these people may be working in one way or another in this field, whilst others may be familiar with the meaning and the importance of container transit. This research aims to examine the potential of the Baltic States' ports as transit gateways for the Trans Siberian container market. This work is divided in two parts, the theoretical and the practical. The first part of the study provides a theoretical presentation of the construct under …

Indentity-In-Motion : The Narrative Duration Of The Dis/Continous Film Moment, Maria Walsh

Other Faculty of Arts, Humanities and Business Theses

The trajectorv of this thesis is set out like a journey upon which encounters are staged between two films. film theor), and philosophers. such as Slavoj Zizek. Gilles Deletize, and Maurice Merleau-Ponty. An encounter with a moment of image suspension. a cut to the blank screen- in Tacita Dean's film, Disappearance atSea (1996). motivates the beginning of this journey's narrative. My reading of this moment counters the way that suspended film moments have been discussed in terms of non-narrative in 1970s film theory and in the contemporary psychoanalýlic filin theory of Slavoj Zizek. Using Gilles Deleuze's notion of narrativization as …

The Kinesfield : A Study Of Movement-Based Interactive And Choreographic Art, Gretchen Elizabeth Schiller

Other Faculty of Arts, Humanities and Business Theses

Through the exploration of practice and theory, this thesis aims to elucidate the characteristics of movement-based interactive art and the kinesfield, a term developed during the course of the research to describe the publics' body-medium. Movement-based interactive art is based on choreographed movements of the body, media and specialized technologies which facilitate new forms of participatory movement experience. This emergent art form has initiated new methods of experiencing and presenting dance in the public domain. lt is argued that this leads to new artistic developments which may constitute a paradigm shift of the concept of the body-medium in the field …

Political Dealignment In Britain : The Local Evidence 1959-1979, Paul James Lambe

Other Faculty of Arts, Humanities and Business Theses

This thesis challenges the dominant view that municipal elections tell us practically nothing about the preferences and attitudes of the voter to local issues and events, that municipal elections are no more than national referendums. It suggests that the influence of socio-economic environment and political context and indeed structural factors have hitherto been underestimated. It argues that municipal politics and voting behaviour impact upon parliamentary electoral behaviour and outcomes and thereby the politics of place impinge upon the national electoral level. The thesis employs a multi-disciplinary approach that combines the qualitative research methods of the historian and the quantitative statistical …

The Materiality Of Text And Body In Painting And Darkroom Processes: An Investigation Through Practice, Deborah Robinson

Other Faculty of Arts, Humanities and Business Theses

This research study ennploys practice-based strategies through which material processes might be opened to new meaning in relation to the feminine. The purpose of the written research component is to track the material processes constituting a significant part of the research findings. Beginning with historical research into artistic and critical responses to Helen Frankenthaler's painting, Mountains and Sea, I argue that unacknowledged male desire distorted and consequently marginalised reception of her work. I then work with the painting processes innovated by Frankenthaler and relate these to a range of feminist ideas relating to the corporeal, especially those with origins in …

The Oviposition Behaviour Of The Black Vine Weevil Otiorhynchus Sulcatus (Fabr), Tony John Goodwin

Other Faculty of Science and Engineering Theses

Within the constraints of the experiments conducted vine weevil were found to exhibit a strategy of volume of indiscriminate oviposition rather than a strategy of definitives it eselection characteristic of a true oviposition behaviour. A series of experiments was conducted to determine oviposition and host plant interactions under conditions of choice and absence of choice of host plant. It was found that oviposition was greatest for Yew, followed by polyanthus, fushcia, strawberry and (despite the name) was found to be least on vine plants. Variation was attributed to a combination mainly of ground cover and partially quality of host. Oviposition …

Creating Emotionally Aware Performance Environments: A Phenomenological Exploration Of Inferred And Invisible Data Space, Richard Mark Povall

Other Faculty of Arts, Humanities and Business Theses

The practical research undertaken for this thesis - the building of interactive and non-interactive environments for performance - posits a radical recasting of the performing body in physical and digital space. The choreographic and thematic context of the performance work has forced us', as makers, to ask questions about the nature of digital interactivity which in turn feeds the work theoretically, technically and thematically. A computer views (and attempts to interpret) motion information through a video camera, and, by way of a scripting language, converts that information into MIDI' data. As the research has developed, our company has been able …