Digital Commons Network^™

Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

In the past, courts generally deferred to legislatures when determining whether a law constitutes a regulatory taking. However, not all regulations are treated equal, and different tests apply to different types of regulations. Types of land use actions with a lower threshold of constitutionally include exactions, and regulations that apply fixed fee schedules to private landowners. This article combs both federal and New York law to come to the clear determination that universal standards exist for each type of regulation.

December 17th 2003, Hispanic News

Inland Empire Hispanic News

No abstract provided.

A Place For The Birds: The Legacy Of Creamer's Field Migratory Waterfowl Refuge, Jessica A. Ryan

Arctic and Northern Studies

This thesis details the farming history and current importance of the Creamer's Field Migratory Waterfowl Refuge in Fairbanks, Alaska. More significantly, it is the story of a grassroots effort by the community of Fairbanks, working with a kindly old farmer, to preserve open land in the heart of a rapidly expanding city for the benefit of the thousands of migrating cranes, geese and ducks that rely upon the grain fields each spring and fall. Because of their vision, Creamer's Field has become a center for environmental education, outdoor recreation, and biological research while actively providing for the needs of wildlife.

The Limitations Of Service Members' Constitutional Rights, Dene Ray Leonard

Justice

This thesis reviews the constitutional rights of service members and how they are limited by the military. These affected rights include the First Amendment's rights to free speech, religious exercise and the ability to petition the government for redress of grievances; the Fifth Amendment's due process clause; and the Sixth Amendment's right to a jury of one's peers. The discussion section of this thesis argues two justifications used by the military for limiting service members' rights. The first justification is in support of good order, discipline and morale. The second justification is in support of uniformity. The latter discussion also …

Growth Dynamics Of Juvenile Yellowfin Sole (Pleuronectes Asper) And Northern Rock Sole (Lepidopsetta Polyxystra) In The Eastern Bering Sea, Benjamin Charles Williams

Fisheries

The first five growth zones of 744 yellowfin sole and 512 northern rock sole otoliths were measured from year-classes 1974-1989, to identify patterns of annual growth and sources of temporal variation. Growth patterns were observed graphically and temporal variation was examined by partitioning growth into year and age effects via linear models. Growth and recruitment relationships with biological and environmental variables were explored through correlation analysis and stepwise regression. Results indicate that growth of yellowfin sole and rock sole declined from the late 1970s to the mid 1980s. Yellowfin sole length at age rebounded after 1985, while rock sole length …

Stock Structure And Environmental Effects On Year Class Formation And Population Trends Of Pacific Herring, Clupea Pallasi, In Prince William Sound, Alaska, Evelyn D. Brown

Fisheries

Fluctuating forage fish populations trigger large ecosystem responses in the North Pacific. A representative species, Pacific herring, Clupea pallasi, was chosen to model environmental effects on population fluctuations and recruitment with a case example in Prince William Sound (PWS), Alaska. A unique approach was used to 1) develop a spatially-explicit, life history-based conceptual stock model, 2) quantify population level effects of climatic trends, and 3) model key environmental factors affecting recruitment. Framed as a simulation model, the stock model was compartmentalized by life-history stages based on shared habitats and environmental forcing. Initial model conditions impacting year-class formation were adult size-at-age, …

Factors Affecting Estuarine Populations Of Nereocystis Luetkeana In Kachemak Bay, Alaska, HéLoïSe Anne Chenelot

Marine Biology

Nereocystis luetkeana forms extensive kelp beds in Kachemak Bay, Alaska. Salinity and turbidity gradients apparently regulate kelp bed distribution throughout this estuary. The beds are large at the entrance of the bay, only solitary stands occur in the inner bay, and no kelp is found at the head of the bay. The role of salinity and turbidity on Nereocystis sporophyte growth was investigated by performing reciprocal transplants among three beds along the bay axis and regularly measuring stipe growth. The effects of salinity and light on spores were studied in the laboratory by recording sinking tendency, settlement success, germination success, …

Assembly Of Α4Β2 Nicotinic Acetylcholine Receptors Assessed With Functional Fluorescently Labeled Subunits: Effects Of Localization, Trafficking, And Nicotine-Induced Upregulation In Clonal Mammalian Cells And In Cultured Midbrain Neurons, Raad Nashmi, Mary E. Dickinson, Sheri Mckinney, Mark Jareb, Cesar Labarca, Scott E. Fraser E. Fraser, Henry A. Lester

Biology Faculty Publications

Fura-2 recording of Ca²⁺ influx was used to show that incubation in 1 μM nicotine (2–6d) upregulates several pharmacological components of acetylcholine (ACh) responses in ventral midbrain cultures, including a MLA-resistant, DHβE-sensitive component that presumably corresponds to α4β2 receptors. To study changes in α4β2 receptor levels and assembly during this upregulation, we incorporated yellow and cyan fluorescent proteins (YFPs and CFPs) into the α4 or β2 M3–M4 intracellular loops, and these subunits were coexpressed in human embryonic kidney (HEK) 293T cells and cultured ventral midbrain neurons. The fluorescent …

Movement And Habitat Utilization By Golden King Crab Lithodes Aequispinus Benedict 1895 In Southeastern Alaska, Zachary N. Hoyt

Fisheries

Movements and habitat use of golden king crabs (GKC), Lithodes aequispinus, were investigated with a manned submersible and ultrasonic telemetry in Frederick Sound, Alaska. Crabs were collected with commercial crab pots and ultrasonic transmitters were attached to the carapaces of 26 crabs; movements and depth distribution of male and female crabs were monitored bi- monthly from May 11, 2000 to April 12, 2001. Crabs preferred steep, complex habitat with hard substrate; few were on flat, soft substrate. Male and female GKC were not segregated by depth in mid-May. Seventeen pairs of courting crabs were observed during dives; 14 of these …

Timing Of Breeding And Reproductive Success In A Subarctic Population Of Yellow Warblers (Dendroica Petechia), Kristine Marie Sowl

Biological Sciences

Detailed knowledge of reproductive rates is necessary for understanding population dynamics, but this information is lacking for many populations of migratory songbirds. I examined breeding chronology and reproductive success of Yellow Warblers (Dendroica petechia) breeding in east central Alaska in 1997-2000. Yellow Warblers nested in both spruce forest and willow shrub habitats, but breeding density and nest success were greater in shrub habitat. Annual productivity was influenced by the number of breeding attempts per female, clutch size, success of individual eggs or nestlings, and nest success. Mean clutch size was larger than in lower latitude populations and decreased seasonally. The …

The Role Of Mammalian Herbivores In Primary Succession On The Tanana River Floodplain, Interior Alaska, Lemuel Gordon Butler

Biological Sciences

I compared willow (Salix) communities along the Tanana River exposed to varying levels of herbivory to examine how herbivory influences the landscape distribution of vegetation. Moose (Alces alces) and snowshoe hare (Lepus americanus) herbivory decreased plant biomass and canopy height and increased the proportion of dead stems in willow communities. Herbivory also shifted the age distribution of plants in willow communities towards younger age classes, and also decreased the number of communities dominated by willow on the landscape. A frame-based simulation model was built to incorporate the effects of herbivory and river fluvial dynamics on plant succession. My results show …

Fluid Flow In Oscillating Cavities, Srivathsan Ragunathan

Engineering

Oscillatory flows have gained considerable research attention in the recent decades following an interest in transport enhancement in micro-electronic devices. Heat transfer enhancement due to flow modulation has an inherent advantage over conventional mechanical heat transfer components in terms of reduction in weight and space. The present work is aimed at studying fluid flow in oscillating square cavities as a first step towards heat transfer enhancement. A commercial CFD code, Fluent, was used to model a test case consisting of Stokes' second problem, with a source code written in the C programming language. The simulated results were in good agreement …

Manufacturing Of Novel Continuous Nanocrystalline Ceramic Nanofibers With Superior Mechanical Properties, Yuris A. Dzenis, Ruqiang Feng, Gustavo F. Larsen, Joseph Turner, Xiao Cheng Zeng

Papers in Nanotechnology

This project is in the area of nanomanufacturing of advanced nanostructured materials. Nanostructured materials (NSMs) with unusual and extreme properties will play a key role in many emerging technologies. However, manufacturing of NSMs with the desired properties is highly complex and currently is over-reliant on empirical data. In this project, a novel manufacturing process producing a new class of ceramic materials, i.e. continuous ceramic nanofibers, is addressed. The novel sol-gel electrospinning technique (patents pending), invented recently by two of the PI’s (Dzenis and Larsen), produces ceramic fibers of submicron diameters with potentially extreme thermomechanical properties. This technique is being analyzed …

Cooperative Investments Induced By Contract Law, Urs Schweizer

German Working Papers in Law and Economics

This paper revisits the economic analysis of contract law for a setting of cooperative investments. While Che and Chung (1999) have shown that expectation damages perform rather poorly, the present paper argues that this negative result follows from their impicit assumption of unilateral expectation damages. Yet, the very nature of cooperative investments gives rise to the possibility that both parties may claim expectation damages. It is shown that such a regime of bilateral expectation damages provides the incentives for the first best solution even in a framework of binary choice where, for selfish investments, the traditional overreliance result would hold.

A Note On The History Of European Law And Economics: Wertheim's Dissertation, Heico Kerkmeester

German Working Papers in Law and Economics

In 1930 a young Dutch scholar named W.F. Wertheim published his J.D.-dissertation Aansprakelijkheid voor schade buiten overeenkomst (Extra-contractual liability for damage). This dissertation did not attract much attention, and the author himself hardly did any further research on its topic. Taking in mind the development of law-and-economics some decades later, however, the book is highly remarkable. Long before the modern economic analysis of law was to be developed in the United States, attention was paid to the preventive effects of liability law and its influence on the welfare of society. In the first paragraph of this paper, Wertheims theory will …

Public Finance Solutions To Vehicle Emissions Problems In California , Don Fullerton, Sarah West

Public Finance Solutions to Vehicle Emissions Problems in California

All urban centers in California violate the Federal standard for ozone. So far, the State has addressed vehicle emission problems with a variety of mandates. In contrast, economic theory suggests that costs of achieving air quality can be minimized by the use of incentive policies such as permits, taxes, or subsidies. The purpose of the research described in this monograph is to explore incentive programs that might be added to the State’s repertoire of effective vehicle pollution reduction policies. The monograph is not very technical in nature, but it explains our theoretical approach, numerical simulation model, and statistical estimation.

We …

Bard Observer, Vol. 15, No. 4 (December 16, 2003), Bard College

Bard Observer - All Issues (1956 - Current)

No abstract provided.

12/16/2003 - Ochoa Receives Journalism Awards.Pdf, University Marketing And Communications

2003

No abstract provided.

Evaluation Of Gene Expression In Pigs Selected For Enhanced Reproduction Using Differential Display Pcr: Ii. Anterior Pituitary, G. R. Bertani, C. D. Gladney, R. K. Johnson, Daniel Pomp

Department of Animal Science: Faculty Publications

The objective of this study was to identify differentially expressed genes in the anterior pituitary (AP) of sows selected for enhanced reproductive phenotypes. Selection in the Index (I) line was based on an index of ovulation rate and embryo survival, whereas random selection was used in the Control (C) line. Average numbers of fully formed piglets at birth were 12.5 ± 1.5 and 9.9 ± 2.0 for Line I and C sows used in this study, respectively. In order to induce luteolysis and synchronize follicle development, sows were injected (i.m.) with 2 mL of prostaglandin F_2α analog between d …

The Bg News December 16, 2003, Bowling Green State University

BG News (Student Newspaper)

The BGSU campus student newspaper. December 16, 2003. Volume 94-Issue 75.

Heat Capacity Estimators For Random Series Path-Integral Methods By Finite-Difference Schemes, Cristian Predescu, Dubravko Sabo, J. D. Doll, David L. Freeman

Chemistry Faculty Publications

Previous heat capacity estimators used in path integral simulations either have large variances that grow to infinity with the number of path variables or require the evaluation of first- and second-order derivatives of the potential. In the present paper, we show that the evaluation of the total energy by the T-method estimator and of the heat capacity by the TT-method estimator can be implemented by a finite difference scheme in a stable fashion. As such, the variances of the resulting estimators are finite and the evaluation of the estimators requires the potential function only. By comparison with the task of …

Columbia Chronicle (12/15/2003), Columbia College Chicago

Columbia Chronicle

Student newspaper from December 15, 2003 entitled The Columbia Chronicle. This issue is 32 pages and is listed as Volume 37, Number 13. Editor-in-Chief: Chris Coates

The Knight Volume 14: Issue 7, Nova Southeastern University

Student Newspapers

No abstract provided.

Thermal Analysis Of Welding On Aluminum Plates, Rong-Hua Yeh, Shih-Pin Liaw, Hong-Bin Yu

Journal of Marine Science and Technology–Taiwan

This study investigated the temperature distribution of aluminum plates welded by gas tungsten arc. The heat of fusion, the size and distribution of heat source, the travel speed, the heat conduction in the welding direction and the surface heat loss during welding were considered. A numerical scheme was developed to solve the threedimensional problem. With the help of a mathematical model, the effect of welding parameters such as heat input of the weld, preheating of the workpiece and moving velocity of heat source on weld penetration in moderately thick plates were discussed. The steady-state temperature profiles of the welded plate …

A Novel Approach To Determine The Astronomical Vessel Position, Chih-Li Chen, Tien-Pen Hsu, Jiang-Ren Chang

Journal of Marine Science and Technology–Taiwan

In this paper, a novel approach based on the trigonometric equation solving technique is developed to solve the classical problem of celestial navigation. It is shown that this approach, namely, the simultaneous equal-altitude equations method (SEEM), can directly calculate the astronomical vessel position (AVP) without an additional graphical procedure. It is also found that the SEEM is not only simpler than the matrix method but is also more straightforward as compared with the spherical triangle method. In addition, aimed at the drawbacks of the intercept method, an improved approach with the new computation procedure is presented to plot the celestial …

Holy Cross Magazine, Vol. 38, No. 1, Winter 2004, College Of The Holy Cross

Holy Cross Magazine

The Fight Club in the Field House
The “sweet science” never gained a lasting foothold on The Hill, but the College does possess a pugilistic history.
By Michael E. Neagle ’98

Becoming Partners in Mission
Holy Cross Jesuits have been traveling to Bolivia, where an innovative network of educational initiatives is changing lives.
By Paul E. Kandarian

Heroes of the Gridiron
A new book by Wally Carew recalls the football rivalry between Holy Cross and Boston College that lasted almost a century.
By Patrick Maloney ’02

“Drive and determination”
Susie Whelan ’07 puts everything on the line every time she …

Ada News - 12/15/2003, American Dental Association, Publishing Division

ADA News

Established in 1970 as the official newspaper of the American Dental Association, the ADA News serves practicing dentists and others allied to the dental profession in the U.S. and internationally. It is the No. 1 source of news and information about the many benefits and services the ADA delivers to members daily as well as timely information on scientific, social, political and economic developments affecting dentistry and health care.

Cost Comparison Of Straddle Carrier Direct And Relay Systems In Container Terminals, Wen-Chih Huang, Chin-Yuan Chu

Journal of Marine Science and Technology–Taiwan

The main characteristics of straddle carrier direct system and straddle carrier relay system are stated and factors affecting the economics of this two handling systems are also studied. A cost function model is proposed to make the comparison. It includes land cost, equipment cost, transportation cost between quayside and storage yard, annual throughput, handling efficiency, labor cost and their constituent factors. A "handling cost comparison indicator" (RD) is also submitted to determine the preferred system. For RD > 1 scenario, straddle carrier direct system is preferred, and on the contrary, straddle carrier relay system is preferred, if RD < 1.

A Novel Earplug System For Filtering Out Dental Noise, Jiang-Ren Chang, Huan-Kun Cheng, Sheng-Yang Lee, Mingsian R. Bai, Rong-I Lean

Journal of Marine Science and Technology–Taiwan

Undergoing dental treatment is usually a very unpleasant experience for people who have toothaches, especially when they are hurting and there exists some intolerable mechanical noise. To reduce the noise and promote the work efficiency of dentists, a new noisefiltering earplug system with optional music was developed to filter out dental machine noise; if necessary, it can also be adopted as a solution to reduce pain and anxiety of patients during treatments. Furthermore, it can also simultaneously serve as a communication tool between the patient and dentist. In this study, various kinds of noises were initially collected through an off-line …

Daily Eastern News: December 15, 2003, Eastern Illinois University

December

No abstract provided.